There is hereby incorporated by reference for the purpose of providing minimum regulations for the repair and maintenance of any building or structure, the “International Property Maintenance Code,” 2006 Edition, including all appendices thereto, prepared and published in book form by the International Code Council, Inc., except such articles, sections, parts or portions as are hereinafter omitted, deleted, modified or changed. Any errata officially published by the International Code Council, Inc. shall become part of the International Property Maintenance Code when placed on file by the administrative authority, If any conflict or discrepancy exists between this article and the referenced International Property Maintenance Code, the provisions of this article shall rule. No fewer than three copies of the International Property Maintenance Code shall be marked or stamped “Official Copy as Incorporated by Reference by the Code of the City of Newton, Kansas,” with all sections or portions thereof intended to be deleted, changed or amended clearly marked to show such deletion, change or amendment, and to which shall be attached a copy of this ordinance and filed with the city clerk to be open to inspection and available to the public at all reasonable hours. All administrative departments of the City charged with the enforcement of the ordinance shall be supplied, at the cost of the City, such number of official copies of such International Property Maintenance Code similarly marked, deleted and changed as may be expedient.

(Ord. 4232-97; Ord. 4692-09)

(a)   Appointment or Designation of Board; Quorum and Voting. In the absence of the appointment by the governing body of the city of members to serve this function, the governing body of the city shall also serve as the Housing Advisory and Appeals Board for purposes of this article, with the mayor serving as the chairperson and the vice-mayor serving as the vicechairperson thereof. The governing body serving in this capacity shall retain its quorum requirements as provided by law or ordinance. The quorum of an appointed board shall be such number as constitutes a majority of the appointed members. The board in either event shall act by a majority vote of the members in attendance, provided the members in attendance constitute a quorum; provided, however, that in the absence of a quorum the members present by majority vote thereof may adjourn the meeting to another date and time. The board shall meet within 60 days after notice of an appeal or a request for a variance has been received pursuant to this article.

(b)   Appeals Under Uniform Housing Code. The Housing Advisory and Appeals Board shall hear appeals under the provisions of the Uniform Housing Code adopted pursuant to Section 6-1001 of this article. Any appeal provisions of such Uniform Housing Code which are inconsistent with the provisions of this Section are superseded by the provisions of this Section.

(c)   Variances. In addition to appeals under the Uniform Housing Code, the Housing Advisory and Appeals Board shall also have authority to grant variances where, because of conditions peculiar to a particular building, it would be unreasonably difficult to meet the literal requirements of the Uniform Housing Code. Such a variance may be granted upon a written application therefor, which application shall include a statement of the reasons why the variance should be granted. A variance may be granted only where it is evident that reasonable safety and sanitation is assured, and may include conditions not generally specified by the Uniform Housing Code in order to achieve that end. The variance may include an expiration date. A copy of the variance shall be filed in the office of the appropriate building official, and a copy thereof shall be given to the applicant.

(d)   Appeal to District Court. Any person or persons aggrieved by the decision of the Housing Advisory and Appeals Board, and with lawful standing to do so, may appeal to the District Court of Harvey County under the provisions of K.S.A. 60-2101(d).

(Ord. 3764; Ord. 4072; Ord. 4416-02, Sec. 3)

Any person violating any of the provisions of the Minimum Housing Code is guilty of an unclassified misdemeanor, and upon conviction thereof shall be fined or imprisoned, or receive both fine and imprisonment, as provided for unclassified misdemeanors in the criminal code of the city. Each and every day during which any violation of any provisions of the Minimum Housing Code is committed, continued or permitted, shall be deemed a separate violation.

(Ord. 3764, Sec. 3)