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Home My WebLink AboutOrdinance No. 2146-2006Suggested by: Council CITY OF KENAI ORDINANCE NO. 2146-2006 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING KMC 13.10.070 ENTITLED "COMMERCIAL BUILDING AND PROPERTX MAINTENANCE." WHEREAS, failure to properly maintain commercial buildings and property within the City of Kenai can create health and safety dangers within the City of Kenai; and, WHEREAS, failure to properly maintain commercial buildings and property harms property values of other buildings and property within the City of Kenai; and, WHEREAS, failure to maintain commercial buildings and property within the City leads to an unattractive and undesirable commercial environrnent which harms commercial activity within the City of Kenai; and, WHEREAS, it is the best interest of the City of Kenai to enact separate building and property maintenance rules for commercial property with the City of Kenai. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 13.10.070 is enacted as follows: 13.10.070 Building and Property Maintenance. a. Maintenance required. All commercial buildings and structures regardless of zone, and all parts thereof, shall be maintained in a safe, sanitary and non-hazardous manner. All means of egress, devices, safeguards and equipment shall be kept in good working order. The exterior of all premises and the condition of all buildings, structures and components thereon shall be maintained so as to prevent and repair deterioration, so that the appearance thereof sha11 reflect a level of maintenance in conformity with all applicable ordinances of the City of Kenai and so as to ensure that the property itself may be preserved safely and that hazards to public health and safety are avoided. b. Maintenance standards. l. Maintenance of structures. Each owner and occupant shall keep all exterior components of every structure in good repair, including but not limited to, walls, roofs, chimneys, cornices, gutters, downspouts, drains, porches, steps, landings, fire escapes, exterior stairs, windows, shutters, doors, storefronts, signs, marquees and awnings. A. All surfaces shall be covered with a protective coating, such as paint, plastic or other permanent exterior material that preserves the structure and does not contribute to deterioration. Weather resistant sheathing paper is not considered protective coating under this section. Surfaces Ordinance No. 2146-2006 Page 2 of 3 specifically designed to be used without a protective coating are exempt from this requirement. B. All surfaces shall be maintained free of deterioration, including but not limited to, broken glass, loose or missing shingles or siding, crumbling brick, stone and mortar, and peeling, scaling or deteriorated paint. C. Overhanging structures, including canopies, marquees, signs, awnings, exterior stairways, fire escapes, and other structures with overhanging extensions shall be maintained in good repair, be securely anchored to the structure, and be protected from rust and other signs of decay by application of a weather protective material such as paint. Non-operative or broken electrical signs shall be repaired or removed. All obsolete signs and sign structures shall be removed. D. Windows may not be boarded over except for temporary repairs or maintenance not to exceed thirty (30) days. 2. Maintenance of premises and landscape elements. A. All premises and landscape elements shall be maintained in a safe and sanitary condition, including but not lirnited to steps, walks, driveways, fences, retaining walls, trees, shrubs, grass and weeds. If any such area or object constitutes a danger to health or safety, it shall be repaired, replaced or removed. B. All paved driveways and walks that exist within the public right-of-way shall be maintained in safe condition. C. All fences, retaining walls or similar structures shall be firmly anchored in the ground and maintained in good structural repair. Wooden elements or other elements subject to deterioration from weathering shall be maintained with chemicals or paint to preserve the element and to retard deterioration. D. Weeds and grass shall be kept trimmed and from becoming overgrown. E. Trees and shrubs which have branches projecting into the public right-of-way, including public sidewalks, public places or public highway, shall be kept trimmed to prevent interference with any person or vehicle lawfully using the right- of-way. F. All yards, wurts or lots shall be kepf free of accumulations of trash, garbage waste, rubbish, refuse, junk, and other noxious or offensive materials or substances that may cause a fire hazard or may act as a breeding place for vermin or insects. G. All portions of all premises shall be graded so there is no pooling of water or recurrent entrance of water into any basement or cellar. c. Maintenance after casualty damage. Within a period of ninety (90) days after casualty damage to any premises the owner and operator shall take the following steps: l. Contract for or begin the repair and restoration of damage areas and removal of debris; and Ordinance No. 2146-2006 Page 3 of 3 2. Contract for or begin the demolition and removal of any part of the premises not to be repaired and restored and for the removal of debris in connection therewith. d. Penalty. Any person, firm, entity or corporation which shall violate this section shall upon conviction be punished as provided for violations of KMC 13.05.010. A separate offense shall be deemed committed on each day a violation occurs. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of March, 2006. ,~ C ~ ~% ~~,~ <~„~e-~.~--~' ~ PAT PORTER, MAYOR ATTEST: ~~~~~~ ~.%' Carol L. Freas, City Clerk Introduced: February 15,2006 Adopted: March l, 2006 Effective: April l, 2006 "~lla~e r~it~r a as~ Gi ~~°tf~ ~ ~ut~re~~ 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 / Fax: (907) 283-3014 www.ci.kenai.ak.us ~E~~~l~lr L V 1V1 TO: Mayor Poirter aud Councilois FROM:C~^~ Cary R. Graves, City Attoiney DATE: February 7, 2006 RE: Commercial Property Maintenance Ordinance Attached is a commercial property mainten~nce ozdinance. It provides for a separate set of standards for commercial property maultenauce wiChin Che CiLy. The ~~ministration had considered relyiug primarily on the InternaCional Property Maintenance Code (KMC 4.10) with some local amendments, but decided adopting a separate ordinance (KMC 1310.070) wouid be better. The administraCion thought it would be Easier to inform the public of the standards by enacting a separaee commercial property inaintenance ordinance in the city code (and available on-line} than referring them to the InteruaCional Property Maintenance Code rhat is not re~dilq available to the public. Additionally, placing a separate co~inercial property maintenance ordui~nce in Title 13 of the Kenai City Code places enforcement of it squarely within the job description of the City's Code Bnforcement Officer. The adminisn~ation felt Chat a separate ordinance with Title 13 would allow for better enforcement. The ordinauce is scheduled to ao to the Planning and Zonnig Cominission far thcir m~eting of Febniary 22, 2006 'For comments. The counciP s pubiic hearuig for this ordinance is set for March 1, 2006. Please let ine know if you have any comments. CRG/sp Attachment „!/il~a~e Uvi`tti a Past Gity Gvit~i a F~c~tu~'e„ .r~;'- 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ,~<~ ~~~== Telephone: 907-283-7535 / FAX: 907-283-301A ~~~~~~ :~-._ ... .. v ~ - .".".. 7992 EGrB LIC~/ 0 f K@NAI~ SKA MEMO: ,~ TO: Charles M. Kopp, Acting City Manager ,,` -. FROM: Marilyn Kebschull, Planning Administrato~ THRU: Jack La Shot, Public Works Manager DATE: February 23, 2006 SUBJECT: Ordinance No. 2146-2006 - Building & Property Maintenance The Commission discussed the proposed ordinance at their meeting on February 22°a Commission Eldridge asked that in section b.1.A. that it should be noted that weather- resistant sheathing paper (Tyvek) is not protective coating. cc: Cary Graves, City Attorney