§ 15.25

This chapter shall be known as the "Property Maintenance Code" and may be cited as such.

(Ord. No. 2337 N.S., § 5, 11-2-2022)

15.25.020 - Adoption of the International Property Maintenance Code.

Pursuant to Sections 50022.1 through 50022.4, inclusive, of the Government Code of the state of California, the text of that certain publication copyrighted and published by the ICC entitled "2021 International Property Maintenance Code" is adopted as the rules, regulations, and standards within this city as to all matters therein contained except as otherwise provided in this chapter. Adoption of said code shall include adoption of Appendix A. One copy of the International Property Maintenance Code will at all times be kept on file in the office of the city building official and is available for public inspection.

(Ord. No. 2337 N.S., § 5, 11-2-2022)

15.25.030 - Scope, organization, enforcement, fees and inspections.

The scope, organization, enforcement, fees and inspections of the 2021 International Property Maintenance Code must comply with those set forth in the 2022 California Building Code and the 2021 Property Maintenance Code.

(Ord. No. 2337 N.S., § 5, 11-2-2022)

The following sections of the 2021 International Property Maintenance Code shall be amended or deleted: 101.1, 102.3, 302.4, 303.2, 304.14 602.3, and 602.4.

(Ord. No. 2337 N.S., § 5, 11-2-2022)

15.25.050 - Section 101.1 amended—Title.

A. Section 101.1 of the International Property Maintenance Code is hereby amended to read in its entirety:

101.1 Title. These regulations shall be known as the International Property Maintenance Code of the City of Morgan Hill, hereinafter referred to as "this code."

(Ord. No. 2337 N.S., § 5, 11-2-2022)

15.25.060 - Section 102.3 amended—Application of other codes.

A.

Section 102.3 of the International Property Maintenance Code is hereby amended to read in its entirety:

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 California Building Code, California Existing Building Code, California Energy Code, California Fire Code, California Plumbing Code, California Mechanical Code, California Residential Code, and California Electrical Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of the Zoning Code. All references to an International Code within this code shall be replaced with the appropriate California Code.

(Ord. No. 2337 N.S., § 5, 11-2-2022)

15.25.070 - Section 302.4 amended—Weeds.

A.

Section 302.4 of the International Property Maintenance Code is hereby amended to read in its entirety:

302.4 Weeds. Premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 108.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be

authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.

(Ord. No. 2337 N.S., § 5, 11-2-2022)

A.

Section 303.2 of the International Property Maintenance Code is hereby amended to read in its entirety:

303.2 Enclosures. Private swimming pools, hot tubs and spas, containing water more than 18 inches (457 mm) in depth shall be completely surrounded by a fence or barrier not less than 60 inches (1372 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is less than 60 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. An existing pool enclosure shall not be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier.

Exception: Spas or hot tubs with a safety cover that complies with ASTM F1346 shall be exempt from the provisions of this section.

(Ord. No. 2337 N.S., § 5, 11-2-2022)

15.25.090 - Section 304.14 amended—Insect screens.

A.

Section 304.14 of the International Property Maintenance Code is hereby amended to read in its entirety:

304.14 Insect screens. 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 minimum 16 mesh per inch (16 mesh per 25 mm), 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 repellent fans, are employed.

(Ord. No. 2337 N.S., § 5, 11-2-2022)

15.25.100 - Section 602.3 amended—Heat supply.

A.

Section 602.3 of the International Property Maintenance Code is hereby amended to read in its entirety:

602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms.

(Ord. No. 2337 N.S., § 5, 11-2-2022)

15.25.110 - Section 602.4 amended—Occupiable workspaces.

A.

Section 602.4 of the International Property Maintenance Code is hereby amended to read in its entirety:

602.4 Occupiable workspaces. Indoor occupiable workspaces shall be supplied with heat to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied.

Exceptions:

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.

(Ord. No. 2337 N.S., § 5, 11-2-2022)

15.25.120 - Violation.

A.

A violation of the code adopted by this chapter occurs when a person:

1.

Fails to comply with this code;

2.

Violates or fails to comply with any order made under this code;

3.

Builds in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken; or

4.

Fails to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction, within the time fixed in this chapter.

B.

Such person may be liable severally and for each and every such violation and noncompliance respectively.

C.

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 or defects within a reasonable time.

D.

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

(Ord. No. 2337 N.S., § 5, 11-2-2022)

Chapter 15.28 - HOME MORTGAGE FINANCE PROGRAM