§ 26-252. Amendments to the 2006 edition of the International Property Maintenance Code.

The 2006 edition of the IPMC, as adopted in section 26-251, is amended in the following respects:

All references to the "Department of Property Maintenance Inspection" are deleted and replaced with "Planning, Zoning and Codes Department."

All references to the "International Zoning Code" are deleted and replaced with the "Planning, Zoning and Codes Department Policies and Ordinances."

All references to the "International Electric Code" are deleted and replaced with the "National Electric Code."

All references to the "International Plumbing Code" are deleted and replaced with the "Louisiana State Plumbing Code."

Section 101.1, "Title," is amended to insert the name, "Lafayette City-Parish Consolidated Government," as the name of the jurisdiction.

Section 103.1, is amended to delete the heading, "Department of Property Maintenance Inspection," which is to be replaced with the heading, "Appointment of Code Official."

Section 103.1, General, is amended to read, as follows:

The Building Official in the Planning, Zoning and Codes Department shall be known as the code official.

Section 103.5, Fees, is deleted in its entirety.

Section 106.4, Violation penalties, is amended to read, as follows:

Any person who shall violate a provision of this IPMC, or fails to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws, which may include the disconnection and/or blocking of the utilities to the building, structure, or premises. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Section 108.1.4 Unlawful structure, is amended to read, as follows:

An unlawful structure is one found in whole or in part to be overcrowded, or was erected, altered or occupied contrary to law.

Section 108.2, Closing of vacant structures, is amended to read, as follows:

If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized 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 code official shall 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. Additionally, the code official is authorized to require that the vacant structure be boarded up by placing thereon wood material no less than one-half (½) inch in thickness or metal material, no less than twenty-nine (29) gauge and must completely cover the window and door frames. The code official also has the authority to require that the material used to board up the structure, be painted a similar color as that of the structure.

Section 109.2, Temporary safeguards, is amended to read, as follows:

Notwithstanding other provisions of this IPMC, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall, if deemed necessary, order 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.

Section 109.3, Closing streets, is amended to read, as follows:

When necessary for public safety, the code official shall request the appropriate local authority having jurisdiction, to temporarily close structures, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.

Section 109.4, Emergency repairs, is deleted in its entirety.

Section 109.5, Costs of emergency repairs, is deleted in its entirety.

Section 110, Demolition, is deleted in its entirety and amended to read, as follows:

When a building or structure is to be demolished, it shall be conducted in accordance with the provisions of La. R.S. 33:4761—33:4768.

With reference to such adoption, the Lafayette City-Parish Consolidated Government shall apply La. R.S. 33:4761—33:4768 as follows:

The term "municipality" shall be replaced with "the City of Lafayette and unincorporated areas of Lafayette Parish, Louisiana."

The term "Mayor or chief executive" of the municipality is the "Lafayette City-Parish President."

The term "Governing authority" of the municipality is the "Lafayette City-Parish Council" and/or the "governing authority of the Lafayette City-Parish Consolidated Government."

Any lien amount specified in such statute shall bear legal interest from the date of recordation until paid.

Section 111, Means of Appeal, is deleted in its entirety and amended, to read, as follows:

111.1 Initial decisions. All initial decisions concerning the application of any provision of this IPMC or the modification of any provision of this IPMC shall initially be made by the code official who administers this IPMC.

111.2 Modification by Chief Administrative Officer. All decisions of the code official concerning the application of any provision of this IPMC and/or the modification of any application of this IPMC and/or any order of the code official shall be subject to review and/or modification by the Chief Administrative Officer. The decision of the code official shall specify, in writing, in what manner such variance and modification is made and/or denied, the conditions upon which it is made and the reasons therefor. Any person aggrieved by the action of the code official may request a review of the action by the Chief Administrative Officer. The request for such review shall be made, in writing, within ten (10) days from the order of the code official. The request shall be directed to the Chief Administrative Officer with a copy to the code official. The Chief Administrative Officer, within fifteen (15) days from the receipt of the request of the aggrieved party to review the decision of the code official, shall review the decision, and the Chief Administrative Officer may, at his sole discretion, sustain the decision, overrule the decision and/or modify the decision in any manner seen fit by the director. The findings of the director shall be in writing and shall be filed in the office of the code official and shall be open to public inspection. The code official shall notify the aggrieved party, in writing, of the decision of the Chief Administrative Officer within three (3) days from the decision.

111.3 Appeal to the Lafayette City-Parish Council. If the aggrieved party does not concur with the decision of the Chief Administrative Officer, the aggrieved party may, within fifteen (15) days after the written notice of the findings of the Chief Administrative Officer, lodge an appeal with the clerk of the council. The appeal shall be in writing and may be instituted by written letter to the clerk of the council requesting that the city-parish consolidated council review the decision of the Chief Administrative Officer. The clerk of the council, after the receipt of such a request for appeal, shall set the matter for review on the agenda of the city-parish consolidated council. The clerk of the council shall notify the aggrieved party as to the date and time at which the city-parish consolidated council will review the matter. The aggrieved party, as well as the Chief Administrative Officer, or his designee, may present whatever information is deemed pertinent to the council for its consideration. The council may sustain the decision of the Chief Administrative Officer, overrule the decision of the Chief Administrative Officer and/or modify the decision of the Chief Administrative Officer in any fashion. Such action will be taken by the city-parish consolidated council at the meeting during which the matter is considered.

111.4 Appeal to court. Within thirty (30) days from the date of the meeting of the city-parish consolidated council at which the matter is considered by the council, the aggrieved party may appeal the decision of the city-parish consolidated council to any court of competent jurisdiction by the filing of an appropriate suit seeking a review of the decision of the council. Any appeal of the decision of the initial court of competent jurisdiction shall be under the terms and conditions as provided in the applicable law with reference to such an appeal.

Section 202, General Definitions, is amended to include the following definition of "Overcrowded" between the definitions of "Operator" and "Owner:"

Overcrowded. Any dwelling unit with more than one (1) person for every 200 square feet of gross area (under roof) as set forth in the International Building Code Table 1004.1.1.

Section 302.4, Weeds, is amended to reflect that weeds or plant growth must not exceed 12 inches on properties located within the city limits and occupied subdivisions and neighborhoods in the unincorporated areas, or 24 inches on properties outside occupied subdivisions and neighborhoods, as set forth in Section 97-28 of the Lafayette City-Parish Consolidated Government Code of Ordinances.

Section 303.2, Enclosures, is deleted in its entirety. Any issues involving enclosures as it relates to swimming pools, spas and hot tubs are governed by Section 26-537 of the Lafayette City-Parish Consolidated Government Code of Ordinances.

Section 304.14, Insect screens, is amended to delete the words "During the period from [DATE] to [DATE]," and replace it with "throughout the year." It is further amended to include the following under "Exception," as follows:

Dwelling units with working central air conditioning systems are exempt from this requirement.

Section 402.2, Common halls and stairways, is amended to add the following sentence at the end of the paragraph, as follows:

To the extent that any of the provisions of this paragraph are in conflict with the National Electric Code, the National Electric Code shall prevail.

Section 402.3, Other spaces, is amended to add the following sentence at the end of the paragraph, as follows:

To the extent that any of the provisions of this paragraph are in conflict with the National Electric Code, the National Electric Code shall prevail.

Section 404.3, Minimum ceiling heights, is amended to substitute one-half for one-third in paragraph 3. It is further amended to add paragraph 4, under "Exceptions," as follows:

To the extent that any of the provisions of this section are in conflict with the International Residential Code or the International Building Code, either the International Residential Code or the International Building Code, whichever is applicable, shall prevail.

Section 404.5, Overcrowding, is deleted and amended to read, as follows:

A dwelling unit shall not be overcrowded.

Section 602.3, Heat supply, is amended to reflect the appropriate dates as October 1-April 1.

Section 602.4, Occupiable work spaces, is deleted in its entirety.

(Ord. No. O-036-2008, § 2, 2-20-08; Ord. No. O-175-2009, § 1, 9-15-09)