ORD 784 12/12/2006 INTERNATIONAL PROPERTY MAINTENANCE CODE ORDINANCE NO. 7 8 4
AN ORDINANCE OF THE CITY OF CIBOLO ADOPTING THE 2006 EDITION
OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE,REGULATING
AND GOVERNING THE CONDITIONS AND MAINTENANCE OF ALL
PROPERTY, BUILDINGS AND STRUCTURES; BY PROVIDING THE
STANDARDS FOR SUPPLIED UTILITIES AND FACILITIES AND OTHER
PHYSICAL THINGS AND CONDITIONS ESSENTIAL TO ENSURE THAT
STRUCTURES ARE SAFE, SANITARY AND FIT FOR OCCUPATION AND
USE; AND THE CONDEMNATION OF BUILDINGS AND STRUCTURES
UNFIT FOR HUMAN OCCUPANCY AND USE, AND THE DEMOLITION OF
SUCH EXISTING STRUCTURES IN THE CITY OF CIBOLO; PROVIDING
FOR PENALTIES FOR THE VIOLATION OF THIS ORDINANCE;PROVIDING
FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES
THEREFOR; THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER
ORDINANCES OF THE CITY NOT IN CONFLICT WITH THE PROVISIONS
OF THIS ORDINANCE.
WHEREAS,the City of Cibolo is a Home Rule Municipality located in Guadalupe County, Texas, created
in accordance with provisions of the Texas Local Government Code and operating pursuant to its adopted
City Charter and all applicable laws and enabling legislation of the State of Texas;and
WHEREAS, the City of Cibolo is governed by a Home Rule Charter that was approved by the Citizens of
Cibolo in a duly called election held on September 11, 2004;and
WHEREAS, Chapter 54.001 of the Texas Local Government Code provides the general authority for the
City of Cibolo to enforce each rule, ordinance, or police regulation of the City of Cibolo and to punish a
violation of a rule, ordinance, or police regulation;and
WHEREAS, Chapter 214.001 of the Texas Local Government Code provides the general authority for the
City of Cibolo to require the vacation,relocation of occupants, securing,repair,removal, or demolition of
a building that is dilapidated, substandard, or unfit for human habitation and a hazard to the public health,
safety, and welfare;and
WHEREAS, the City of Cibolo, Texas seeks to regulate and govern the safeguarding of life and property,
providing standards for supplied utilities and facilities and other physical things and conditions essential
to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of
buildings and structures unfit for human occupancy and use, and the demolition of such existing
structures, and from conditions hazardous to life or property in the occupancy of buildings and premises
in the City of Cibolo.
The City Council of the City of Cibolo does ordain as follows:
Section 1. That a certain document, two (2) copies of which are on file in the office of the Building
Official of Cibolo, and one(1) copy of which is on file in the office of the Fire Marshal of Cibolo, being
marked and designated as the International Property Maintenance Code, 2006 edition, as published by
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the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of
Cibolo, in the State of Texas for regulating and governing the conditions and maintenance of all property,
buildings and structures; by providing the standards for supplied utilities and facilities and other physical
things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use;
and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition
of such existing structures as herein provided;providing for the issuance of permits and collection of fees
therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property
Maintenance Code on file in the office of the Building Official of the City of Cibolo are hereby referred
to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions,
deletions and changes,if any,prescribed in Section 2, 3, and 4 of this ordinance.
Section 2. That the following sections and/or sub-sections are hereby revised to read as follows:
Section 101.1. Title. These regulations shall be known as the Property Maintenance Code of
Cibolo,hereinafter referred to as "this code."
Section 1023 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
International Building Code, International Plumbing Code, International Mechanical Code,
International Fuel Gas Code and the ICC Electrical Code. Nothing in this code shall be
construed to cancel, modify or set aside any provision of the City's Zoning Ordinance or other
ordinances adopted by the City of Cibolo.
Section 103.5 Fees. The fees for activities and services performed by the department in carrying
out its responsibilities under this code shall be as indicated in the following schedule.
Fee Schedule: See City Fee Schedule.
Section 106.4 Violation penalties. Any person who shall violate a provision of this code, or fail
to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits
provided by state or local laws, and shall be guilty of a Class C misdemeanor, punishable by a
fine of not more than two thousand($2,000.00) dollars. Each day that a violation continues after
due notice has been served shall be deemed a separate offense.
Section 111.2 Membership of board. The board of appeals shall consist of a minimum of three
members who are qualified by experience and training to pass on matters pertaining to property
maintenance and who are not employees of the jurisdiction. The code official shall be an ex-
officio member but shall have no vote on any matter before the board. The City Council may act
as the board of appeals, or the board shall be appointed by the chief appointing authority, and
shall serve staggered and overlapping terms.
Section 201.3 Terms defined in other codes. Where terms are not defined in this code and are
defined in the International Building Code, International Fire Code, City's Zoning Ordinance,
International Plumbing Code, International Mechanical Code or the ICC Electrical Code, or the
National Electrical Code, such terms shall have the meanings ascribed to them as stated in those
codes.
Section 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or
plant growth in excess of 12 inches (305 mm) and when determined by the code official to be
offensive. It shall be unlawful for any owner, tenant, lessee, agent or occupant of any lot or
premises to permit any weeds, grass or other vegetation to grow or remain upon any premises, so
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as to become offensive or emit foul or noxious odor, or to become a breeding place for flies or
insects or to become in any way unsanitary or injurious to the public health. All 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
106.3 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.
Exception: Agricultural property and property being cultivated. A 50 foot (15 240 mm)wide
zone shall be maintained between cultivated crops and adjoining commercial or residential use
property lines.
Section 302.8 Motor vehicles. Shall be regulated by State Law and ordinances and regulations
adopted the City of Cibolo.
Section 304.14 Insect screens. During the period from March 1'to November 30th, 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 not less than 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.
Section 404.5 Overcrowding. The number of persons occupying a dwelling unit shall not create
conditions that, in the opinion of the code official, endanger the life, health, safety or welfare of
the occupants. A structure or dwelling unit is overcrowded if the following standards are not met:
1. Floor space per person. Each structure or dwelling unit shall contain at least 150 square
feet (14 m2) of habitable floor space for the first occupant and at least 100 square feet (9
m2)of additional habitable floor space for each additional occupant.
2. Sleeping space per person. In each structure or dwelling unit of two or more rooms, each
room occupied for sleeping purposes shall contain at least 36 square feet (3 m2) of floor
space for one occupant and shall contain an additional 27 square feet(2.5 in2)of floor space
for each additional occupant.
3. Special provisions. Children under 12 months of age shall not be considered occupants,
and children under 12 years of age shall be considered as V2 of one occupant for purposes of
Section 404.5 items 1 and 2.
Section 505.4 Water heating facilities. Water heating facilities shall be properly installed,
maintained and capable of providing an adequate amount of water to be drawn at every required
sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 120°F
(49°C). A gas-burning water heater shall not be located in any bathroom,toilet room,bedroom or
other occupied room normally kept closed, unless adequate combustion air is provided. An
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approved combination temperature and pressure-relief valve and relief valve discharge pipe shall
be properly installed and maintained on water heaters.
Section 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets
one or more dwelling unit, sleeping units on terms, either expressed or implied, to furnish heat to
the occupants thereof shall supply heat during the period from November lit to February 28th to
maintain a temperature of not less than 68°F (20°C) in all habitable rooms, bathrooms, and toilet
rooms.
Exception:
1. When the outdoor temperature is below the winter outdoor design temperature for the
locality, maintenance of the minimum room temperature shall not be required provided
that the heating system is operating at its full design capacity. The winter outdoor design
temperature for the locality shall be as indicated in Appendix D of the International
Plumbing Code.
2. In areas where the average monthly temperature is above 30°F (-1°C) a minimum
temperature of 65°F(18°C)shall be maintained.
Section 602.4 Occupiable work space. Indoor occupiable work spaces shall be supplied with
heat during the period from November 1st to February 28th to maintain a temperature of not less
than 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.
Section 3. That all references to the ICC Electrical Code read as follows: ICC Electrical Code or NFPA
70 as adopted by the City of Cibolo. Where conflicts arise between codes the more stringent shall govern.
Section 4. That all pressure gauges installed or used for testing shall have the working range in the
middle third of the gauges minimum and maximum pressure ends.
Section 5. That this ordinance shall be cumulative of all provisions of the City of Cibolo, Texas, except
where the provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in
which event the more restrictive provision shall apply.
Section 6. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason,
held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council hereby declares that it would have passed this ordinance, and each section,
subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases be declared unconstitutional.
Section 7. That nothing in this ordinance or in the Property Maintenance Code hereby adopted shall be
construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing, under any act or ordinance of the City of
Cibolo; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this
ordinance.
Section 8. That the City Secretary is hereby ordered and directed to cause this ordinance to be published.
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Section 9. That this ordinance and the rules, regulations, provisions, requirements, orders and matters
established and adopted hereby shall take effect and be in full force and effect immediately upon the
passage and approval of the City Council of the City of Cibolo, Texas.
AND IT IS SO ORDAINED.
PASSED AND APPROVED by a vote of 5 for to O against this /L day of Deceib cr,2006.
,/ APP ' �.
yrir S'on,Mayor
AlTEST: (...,L
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Peggy Cimics, City Secretary
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