TITLE 13 CHAPTER 1 INTERNATIONAL PROPERTY MAINTENANCE CODE
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1 TITLE 13 CHAPTER 1 INTERNATIONAL PROPERTY MAINTENANCE CODE AN ORDINANCE TO CREATE AND ADOPT OF TITLE 13, CHAPTER 1 OF THE CODE OF SHEPHERDSTOWN, ADOPTING THE "INTERNATIONAL PROPERTY MAINTENANCE CODE," AS AUTHORIZED BY THE WEST VIRGINIA STATE FIRE COMMISSION, WHICH PROVIDES FOR THE REGULATION OF ALL MATTERS AFFECTING OR RELATING TO THE REPAIR AND MAINTENANCE OF STRUCTURES AND PREMISES WITHIN THE CORPORATION OF SHEPHERDSTOWN. Title 13 of Chapter 1 of the Code of Shepherdstown is hereby created and adopted, entitled International Property Maintenance Code, and Section is hereby created and adopted, entitled Adoption of International Property Maintenance Code; penalties, Therefore, Chapter 1 of Title 13, Section is to read as follows: WHEREAS, the Legislative Rule of the State Fire Commission, Title 87, Series 4 (87CSR4) of the West Virginia Code of State Regulations, permits adoption of the International Property Maintenance Code without requiring adoption of the other national codes and standards included under the West Virginia State Building Code; and WHEREAS, it is deemed necessary to properly regulate all matters relating to the repair and maintenance of all buildings, structures and premises within the Corporation of Shepherdstown; and WHEREAS, it is the intent of the Corporation of Shepherdstown to establish minimum property maintenance standards by adopting and putting into force and effect the International Property Maintenance Code pursuant to West Virginia Code 7-1-3n and Title 87, Series 4 (87 CSR 4). THAT: NOW, THEREFORE, THE CORPORATION OF SHEPHERDSTOWN ORDAINS Section 1. ADOPTION: The International Property Maintenance Code, as amended or revised by the WV State Fire Commission prior to or subsequent to adoption of this Ordinance, is hereby adopted, and all model codes and standards adopted thereunder are hereby adopted by reference as if fully set forth verbatim herein.
2 Section 2. AMENDMENTS TO INTERNATIONAL PROPERTY MAINTENANCE CODE: Section Insert: Corporation of Shepherdstown Section Insert: The fees for activities and services performed by the Corporation of Shepherdstown in carrying out its responsibilities under this code shall be set forth in a fee schedule adopted by the Shepherdstown Town Council by Resolution, which may be amended from time to time. Section Insert: a fine of no less than $100 dollars or more than $500. dollars. Section Insert: eight (8) inches Section Insert: from April 1 to October 1 Section Insert: from November 1 to April 1 Section Insert: from November 1 to April 1 SAVINGS: Nothing in this Ordinance shall be construed to affect any suit or proceeding pending in any court, or rights acquitted or liability incurred, or any cause or causes under any act or ordinance repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Ordinance. Section 3. CONFLICTING ORDINANCES: Any existing ordinance that is more stringent or imposes a higher standard than is required by the International Property Maintenance Code shall govern, provided such ordinance is not inconsistent with the laws of the State of West Virginia and is not contrary to recognized standards and good engineering practices. The following ordinances and/or subsections of ordinances contain more stringent requirements, are deemed not inconsistent with State laws and not contrary to recognized standards and good engineering practices, and therefore shall remain in force and effect: 7A-104(a) and (h) Enumeration of Public Nuisances Affecting Health Erosion control and stream protection 9-803: Fences and Screening - V. Barriers to Swimming Pools Standards and Specifications for construction, extension, repair, and maintenance [of sidewalks] Repair of sidewalk by abutting owners; failure to repair
3 Prohibited accumulation of snow, ice and debris on sidewalks and removal thereof by town at expense of property owners Any existing ordinance that is less stringent or imposes a lesser standard than is required by the above-referenced code, or conflicts with the above-referenced code, will hereby by repealed by separate ordinance. The following ordinances and/or subsections of ordinances are less stringent or conflicting: Maintenance of fire hazard; order for repair or demolition; order to contain notice to comply and right to appeal 7A-102(e), (g), and (i) Enumeration of Public Nuisances Affecting Health 7A-104(c), (d), and (i) Enumeration of Public Nuisances Affecting Health 7A-105 Complaints; Notice of Hearing Before Council 7A-106 Hearing Before Council; Disposition of Complaint 7A-107 Responsibility of Owner; lessee; tenant; procedure to be cumulative 7A-108 Penalty for failure to comply with [nuisance] chapter Weeds Nuisances on Private Property Penalties Section 4. DUTIES AND POWERS OF THE CODE OFFICIAL: The Code Official shall enforce the provisions of the International Property Maintenance Code as specified in Section 104 of the International Property Maintenance Code, and may enforce those provisions of the Shepherdstown Code, listed above, which impose more stringent requirements. The Code Official shall issue all necessary notices and orders to ensure compliance. Upon failure of any person to comply with a notice of violation within the stipulated time, the Code Official shall issue a citation requiring that person to appear in Municipal Court alleging said violation. Section 5. DUTIES OF LAW ENFORCEMENT PERSONNEL. The Shepherdstown Police Department shall assist the Code Official in the enforcement of the International Property Maintenance Code.
4 Section 6. VIOLATION; PENALTIES: The Violation; Penalties section of the International Property Maintenance Code, as set forth in Section 106.4, is hereby amended and completed as follows: Any person who shall violate a provision of the International Property Maintenance Code, or fail to comply therewith, or with any of the requirements thereof, shall be guilty of a misdemeanor and fined not less than twenty-five dollars ($25.00), nor more than one hundred dollars ($100.00). Each day that a violation continues after due notice has been served shall be deemed a separate offense. Failure to comply with a demolition order shall be deemed a violation subject to the penalties prescribed herein. Section 7. SEVERABILITY: If any section, sentence, clause, or phrase of this Ordinance shall be declared invalid for any reasons whatsoever, such decisions shall not affect the remaining portions of this Ordinance, which shall continue in full force and effect, and to this end the provisions of this Ordinance are hereby declared to be severable. Section 8. JURISDICTION: Jurisdiction over the enforcement of this Ordinance shall be in the Municipal Court for the Corporation of Shepherdstown. Section 9. EFFECTIVE DATE: This Ordinance shall be deemed effective on the date of passage.
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