10-027 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 10-027
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS,
REPEALING ORDINANCE NO. 04-37; ADOPTING THE 2006
EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE
CODE, SAVE AND EXCEPT THE AMENDMENTS SET FORTH
HEREIN; REGULATING ALL EXISTING RESIDENTIAL AND
NONRESIDENTIAL STRUCTURES AND ALL EXISTING PREMISES
BY ESTABLISHING MINIMUM REQUIREMENTS AND STANDARDS
FOR PREMISES, STRUCTURES, EQUIPMENT, AND FACILITIES
FOR LIGHT, VENTILATION, SPACE, HEATING, SANITATION,
PROTECTION FROM THE ELEMENTS, LIFE SAFETY, SAFETY
FROM FIRE AND OTHER HAZARDS, AND FOR SAFE AND
SANITARY MAINTENANCE WITHIN THE TOWN OF PROSPER,
TEXAS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF
THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE OF THIS ORDINANCE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has
investigated and determined that it would be advantageous and beneficial to the citizens of the
Town of Prosper, Texas ("Prosper") to repeal Ordinance No. 04-37; and
WHEREAS, the Town Council has further investigated and determined that it would be
advantageous and beneficial to the citizens of Prosper to adopt the 2006 Edition of the
International Property Maintenance Code, November 2006 Printing, copyrighted by the
International Code Council, Inc., save and except the amendments set forth in Exhibit "A",
attached hereto and incorporated herein for all purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: Filidin gs hicor prat d,. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Repeal of Ordinance No. 04-37. Ordinance No. 04-37 is hereby repealed
effective the date this Ordinance becomes effective. Such repeal shall not abate any pending
prosecution for violation of the repealed Ordinance No. 04-37, nor shall the repeal prevent a
prosecution from being commenced for any violation if occurring prior to the repeal of
Ordinance No. 04-37.
SECTION 3: Adoption of the 2006 International l3rop�rty Maiptenala e Code. The 2006
International Property Maintenance Code, November 2006 Printed Edition, copyrighted by the
International Code Council, Inc., save and except the amendments set forth in Exhibit "A",
attached hereto and incorporated herein for all purposes, is hereby adopted as the property
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maintenance code for Prosper, regulating all existing residential and nonresidential structures and
all existing premises by establishing minimum requirements and standards for premises,
structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection
from the elements, life safety, safety from fire and other hazards, and for safe and sanitary
maintenance within Prosper (the "2006 International Property Maintenance Code"). The 2006
International Property Maintenance Code, save and except the amendments set forth in Exhibit
"A", is made a part of this Ordinance as if fully set forth herein. Three (3) copies of the 2006
International Property Maintenance Code, November 2006 Printed Edition, copyrighted by the
International Code Council, Inc., are on file in the office of the Town Secretary of Prosper being
marked and designated as the 2006 International Property Maintenance Code.
SECTION 4: Sayings/Repealing Clause. All provisions of any ordinance in conflict with
this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not
abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal
prevent a prosecution from being commenced for any violation if occurring prior to the repeal of
the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and
effect.
SECTION 5: Penalty Provision. Any person, firm, corporation or business entity
violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction
therefore, shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00), and each and
every day that such violation continues shall be considered a separate offense; provided,
however, that such penal provision shall not preclude a suit to enjoin such violation. Prosper
retains all legal rights and remedies available to it pursuant to local, state and federal law.
SECTION 6: L5evorabilit T. If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. Prosper 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: Effective Date. This Ordinance shall become effective upon its passage and
publication as required by the Town Charter and by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS, on this 13th day of April, 2010.
V.,.t
Ray Smith 41or Pro Tem
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I I I I jot,,
OF: Pp "fe
ATTESTED AND CORRECTLY 0 Ole
RECORDED:
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-thew D. Denton, TRMC 4 4,
Town Secretary 7-EXAS
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Date(s)of Publication: Morning News
...........
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Exhibit"A"
Amendments to 2006 International Property Maintenance Code
Preface to Amendments to 2006 International Property Maintenance Code. The governing
regulations are the 2006 International Property Maintenance Code, November 2006 and the
amendments described below. In the event of a conflict with the 2006 International Property
Maintenance Code and any of the amendments, the amendment shall control.
Section 101.1 Title. These regulations shall be known as the Property Maintenance Code of the
Town of Prosper, Texas, hereinafter referred to as "this code".
Section 101.3 Intent. This code shall be construed to secure its expressed intent, which is to
ensure public health, safety and welfare, insofar as they are affected by the continued occupancy
and maintenance of structures and premises. Existing structures and premises that do not comply
with these provisions shall be altered or repaired to provide a minimum level of health and safety
as required herein. Repairs, alterations, additions to and change of occupancy in existing
buildings shall comply with the Town of Prosper's Building, Electrical, Mechanical, Plumbing,
Fire, and Health Codes, as they currently exist or may be amended, and the Town of Prosper
Comprehensive Zoning & Subdivision Regulation Ordinances, as they currently exist or may be
amended.
Section 102.3 Al �licatioii of other Codas., Repairs, additions or alterations to a structure, or
changes of occupancy, shall be done in accordance with the procedures and provisions of the
Town of Prosper Building, Electrical, Mechanical, Plumbing, Fire, and Health Codes as they
currently exist or may be amended, and the Town of Prosper Comprehensive Zoning &
Subdivision Ordinances, as they currently exist or may be amended. Nothing in this code shall
be construed to cancel, modify or set aside any provision of the Town of Prosper Comprehensive
Zoning and/or Subdivision Ordinances, as they currently exist or may be amended. Likewise, if
there is a conflict between this code and Sec. 3.12 (Vacant and Substandard Structures) in the
Town of Prosper's Code of Ordinances, Sec. 3.12 shall exclusively control.
Section 102.7 Relerenced. Codes and Standards. The codes and standards referenced in this code
shall be the Town of Prosper Comprehensive Zoning & Subdivision Regulation Ordinances, and
the Building, Electrical, Mechanical, Plumbing, Fire, and Health Codes adopted by the Town of
Prosper, as they currently exist or may be amended. Where differences occur between
provisions of this code and the referenced standards, the most restrictive code shall apply.
Section 103.5 Fees. The fees for activities and services performed by the department or division
carrying out its responsibilities under this code shall be according to the Town of Prosper
Building Code, Fire Code, Health codes, and/or local ordinances, as they currently exist or may
be amended.
Section 104.1 General. The code official or his/her designee shall enforce the provisions of this
code.
Section, 1.06.3 Violation penalties, Any owner of record who shall violate a provision of this
code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted
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within the time limits provided by the Town of Prosper. Each day that a violation continues after
due notice has been service shall be deemed a separate offense.
f'itations ^'ork or llr� �roven�el�ts b Prosper. 'laragalns O caner. If the owner fails or
refuses to comply with the demand for compliance in the notification within the requirements of
such notification,the Town of Prosper may:
A. issue citations as provided in Section 107, Notices and Orders, as it currently exists or
may be amended; and
B. do work or make improvements required to abate the violation(s), pay for the work done
or improvements made, and charge the expenses to the owner of the property as provided
herein. The property owner will have twenty (20) days to reimburse the Town of Prosper
from the completion date of such work to abate the violation(s) at property.
Assessment of l Nrenis , Lien.,
A. In the event the Owner fails or refuses to pay such expenses charged to the owner, within
twenty (20) days after the abatement work is completed, a lien may be obtained. The lien
and other expenses incurred by the Town of Prosper may be filed against the property.
Expenses will include, but not be limited to the following:
• Fees for service work to abate violation(s);
• Administrative Fee of$150.00;
• Fees to file lien;
• Fees to release lien;
• Postage fees;
• Courier fees;
• Legal fees; and
• Any other fees charged to the Town of Prosper. To obtain a lien, the Mayor, Mayor's
designee, or the Town of Prosper's Code Enforcement Official, Health Authority, or
other authorized Town Official or employee, must file a statement of the expenses
incurred to correct the condition of the real property with the County Clerk of the
County in which the property is located. The statement must also state the name of
the Owner, if known, and the legal description of the property. The lien attaches
upon filing of the statement with the County Clerk.
B. The Town of Prosper's lien shall be a prior lien on such property, second only to tax liens
and liens for street improvements. The lien amount shall include simple interest, which
shall accrue at the rate of ten percent (10%) per annum on the date the expenses were
incurred by the Town of Prosper. The Town of Prosper may bring suit for foreclosure to
recover the expenditures and the interest due.
Section 107.3 Method of Service. Such notice shall be deemed to be properly served if a copy
thereof is:
1. Delivered personally to the property Owner and/or to the person responsible for the
violation in writing;
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2. Sent by letter addressed to the property Owner at the property Owner's address as
recorded in the appraisal district records of the appraisal district in which the property is
located or sent by letter addressed to the person responsible for the violation; or
3. If personal service of the property Owner cannot be obtained:
i. by publication in the Town's official newspaper at least once; or
ii. by posting on or near the front door of each building on the property to which the
violation relates; or
iii. by posting a notice to a placard attached to the building or stake driven into the
ground on the property to which the violation relates.
4. If the Town mails a notice to the property owner in accordance with this Section, and the
United States Postal Service returns the notice as "refused", "unclaimed", or if the
address required by subsection 107.3(2) was used and the notice is returned as "not
deliverable as addressed" (or equivalent marking), the validity of the notice is not
affected, and is considered as delivered.
Section 109.5 Costs o1`l mcrgel�c�� tom . Costs incurred in the performance of emergency
work shall be paid by the jurisdiction and may be reimbursed by the property owner. The
jurisdiction may seek reimbursement from the property owner for the performance of
emergency work. The legal counsel of the jurisdiction may institute appropriate action
against the owner of the premises where the unsafe structure is or was located for the
recovery of such costs.
Section 111.1 Written e ;tal t� The Board of Construction Appeals, created
by the Town of Prosper Ordinance No. 05-39, as it currently exists or may be amended, will
serve as the Board of Appeals. Any person directly affected by a decision of the code official
or his/her designee or a notice or order issued under this code shall have the right to appeal to
the Board of Construction Appeals, provided that a written explanation for appeal is filed
within twenty (20) days after the day the decision, notice or order was served. A written
explanation for appeal shall be based on a claim that the true intent of this code or the rules
legally adopted thereunder have been incorrectly interpreted, the provisions of this code do
not fully apply, or the requirements of this code are adequately satisfied by other means.
Section 202 Definition of Easement. Easement. That portion of land or property reserved
for present or future use by a person, municipality, or any other agency other than the legal
fee owner(s) of the property as recorded in the appraisal district records of the appraisal
district in which the property is located. The easement shall be permitted to be for use under,
on or above a said lot or lots.
Section 302.4 Vegetat:ion "`eels. All premises and exterior property shall be maintained
free from vegetation that creates a nuisance and shall meet the requirements as defined in the
Town of Prosper Unsightly vegetation, trash, and debris Ordinance No. 04-118, as it
currently exists or may be amended. Vegetation shall exclude regularly cultivated flowers
and gardens located on private property. Landscape beds shall be maintained as originally
planted. Property owner may elect to make landscape bed improvements or remove
landscape beds at a property, unless otherwise required. Trees and shrubs and the like shall
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be maintained. Vegetation shall not encroach into a pedestrian walkway or vehicular
traveled way. Landscape beds not maintained shall be presumed to be a nuisance,
objectionable, unsanitary, and unsightly.
Upon failure of the property owner having ownership of a property when the violation was
initially observed and requested to abate said violation after service of a notice of violation,
the owner shall be subject to prosecution in accordance with Section 106.3 and as prescribed
by the Town of Prosper. Upon failure to comply with the notice of violation, any duly
authorized employee or official of the Town of Prosper or agent hired by the Town of
Prosper shall be authorized to enter upon the property in violation and correct the violation
thereon. All costs of such corrections shall be paid by the owner responsible for the property
to the Town of Prosper at the rates and fees referenced in Section 106.3 until such fee is
reimbursed for services rendered.
Section 302.7Accessory structmes. All accessory structures, including detached garages,
fences and walls (including, but not limited to, retaining walls), shall be maintained
structurally sound and in good repair.
Section 303.2 Enclosures. Private and Public swimming pools, hot tubs and spas, containing
more than twenty four (24) inches (610mm) in depth, shall be completely surrounded by a
fence or barrier at least forty eight(48) inches (1219mm) in height above the finished ground
level measured on the side of the barrier away from the pool. Gates and doors in such
barriers shall be self-closing and self-latching and meet all the other requirements of Town of
Prosper's Residential Swimming Pool Ordinance No. 06-110, as it/they currently exist(s) or
may be amended. Gates and doors may not be propped open. Gates, doors and fences may
not create a life/safety hazard. All release mechanisms of residential pools, hot tubs and spas
shall comply with the International Residential Code, as it currently exists or may be
amended. All release mechanisms of non-residential pools, hot tubs and spas shall comply
with the Town of Prosper's Residential Swimming Pool Ordinance No. 06-110, as it/they
currently exist(s) or may be amended. Self-closing and self-latching gates shall be
maintained such that the gate will positively close and latch when released from a full open
position up to and including a six (6) inch open position from the gatepost. No existing pool
enclosure shall be removed, replaced, or changed in a manner that reduces its effectiveness as
a safety barrier.
Section 304.3 Premises Identification. Buildings shall have approved address numbers placed
in position to be plainly legible and visible from the street or road fronting the property and
visible from the alley, if applicable, of the property. These numbers shall contrast with their
background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall
be a minimum of four (4) inches (102 mm) high with a minimum stroke width of 0.5 inch
(12.7 mm).
Section 304.7 Roofs and 1 rainqgThe roof and flashing shall be sound, tight and not have
defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration
in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be
maintained in good repair and free from obstructions. Roof water shall not be discharged in
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a manner that creates a public nuisance. Cross lot drainage is prohibited, unless drainage is
accepted and approved by the Town as indicated on the approved plans for a property or
subdivision. Drainage swales shall be maintained free from any obstruction and shall not be
compromised.
Section 304.14 Insect Screens. At all times 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 swinging door
shall have a self-closing device in good working condition.
Section 307.2 Di po,ag t l tia:�:�ba�e. Every occupant of a structure shall dispose of garbage,
trash and/or any other debris in a clean and sanitary manner by placing such garbage, trash
and other debris into a municipality approved garbage container for disposal or dispose of
garbage, trash, and other debris at an approved facility. All garbage, trash and/or debris shall
be placed into a trash bag prior to placement into a municipality approved garbage
receptacle.
Section 307.2.2 Refrigerators, & Other Similar F.niiin nP.nt Appliances, furniture, and other
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similar household equipment and debris shall not be discarded, abandoned or stored in any
manner that may create an attractive nuisance for children or pets or in a manner that may
create a life/safety hazard.
Section 307.3.1. Garbage Facilities. The owner of every dwelling or rental dwelling shall
supply all of the following: an approved mechanical food waste grinder in each dwelling
unit, unless, otherwise provided, and an approved outside, covered garbage container.
Section 308.4 Multi le Occu arm The owner of a structure containing two or more
dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be
responsible for extermination in the public or shared areas of the structure and exterior
property. If infestation is caused by failure of an occupant to prevent such infestation in the
area occupied, the occupant shall be responsible for the extermination, unless exempt by
contractual agreement.
Secttioti 301 .5 t cc parxt. The occupant of any structure shall be responsible for the continued
rodent and pest-free condition of the structure, unless exempt by contractual agreement.
Section 401.3 Alternative Devices. In lieu of the means for natural light and ventilation
herein prescribed, artificial light or mechanical ventilation complying with the Town of
Prosper's Building Code, as it currently exist or may be amended, shall be permitted.
Section 403.5 Clothes Drver ExhaU t. Clothes dryer exhaust systems shall be independent of
all other systems and shall be exhausted in accordance with the manufacturer's instructions
and the Town of Prosper's Building Code and other applicable codes, as they currently exist
or may be amended.
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ec�tioti 404.7 Food "rc)aration, All spaces to be occupied for food preparation purposes
shall contain suitable space and equipment to store, prepare and serve foods in a sanitary
manner. There shall be adequate facilities and services for the sanitary disposal of food
wastes and refuse, including facilities for temporary storage. All spaces to be occupied or
utilized for food preparation purposes shall comply with the Town of Prosper's Health Code,
as it currently exists or may be amended.
Sectioll 505.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, water
closet or other plumbing fixture shall be properly connected to either a public water system
or to an approved private water system. All kitchen sinks, lavatories, laundry facilities,
bathtubs and showers shall be supplied with hot or tempered and cold running water in
accordance with the Town of Prosper's Plumbing Code, as it currently exists or may be
amended.
Section 602.2 Residential Occupancies. Dwellings shall be provided with heating facilities
capable of maintaining a room temperature of sixty-eight degrees Fahrenheit (68°F), or
twenty degrees Celsius (20°C), in all habitable rooms, bathrooms and toilet rooms. Cooking
appliances shall not be used to provide space heating to meet the requirements of this
Section. Space heaters shall not be used as a primary source to provide heat for habitable
rooms, bathrooms and toilet rooms.
Section 602. l lent IAi?&. Every owner and operator of any building who rents, leases or
lets one or more dwelling units, rooming unit, dormitory or guestroom on terms, either
expressed or implied, to furnish heat to the occupants thereof, shall supply heat at all times to
maintain a temperature of not less than sixty-eight degrees Fahrenheit (68°F), or twenty
degrees Celsius (20°C), in all habitable rooms, bathrooms, and toilet rooms.
602.4 Occi;i aiable Work Spaces. Indoor occupied work spaces shall be supplied with heat at
all times to maintain a temperature of not less than sixty-five degrees Fahrenheit (65°F), or
eighteen degrees Celsius (18°C), during the period the spaces are occupied. Include all
`Exceptions' listed in this Section.
Section 604.2 Service. The size and usage of appliances and equipment shall serve as a basis
for determining the need for additional facilities in accordance with the Town of Prosper's
Electrical Code, as it currently exists or may be amended.
Section 605.2 Receptacles. Every habitable space in a dwelling shall contain the required
number and type of receptacles as required by the Town of Prosper's Electrical Code, as it
currently exists or may be amended.
Section 701.2 Responsibility. The owner of the premises shall provide and maintain such fire
safety facilities and equipment in compliance with these requirements of the Town of
Prosper's Fire Code and Building Code, as they currently exist or may be amended. A
person shall not occupy as an owner, occupant or permit another person to occupy any
premises that do not comply with the requirements of Chapter 7 of this code.
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702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any
point in a building or structure to the public right-of-way. Means of egress shall comply with
the Town of Prosper's Fire Code, as it currently exists or may be amended.
Section 702.2 Aisles. The required width of aisles in accordance with the Town of Prosper's
Fire Code, as it currently exists or may be amended, shall be unobstructed.
Section 701.1 General. All systems, devices and equipment to detect a fire, actuate an alarm,
or suppress or control a fire or any combination thereof, shall be maintained in an operable
condition at all times in accordance with the Town of Prosper's Fire Code and Building
Code, as they currently exist or may be amended.
Cha)ter 8 - Referenced. Standards.
Unless otherwise noted, the adoption of the 2006 International Property Maintenance Code,
November 2006 Printed Edition, with amendments will refer to the Town of Prosper's
current Comprehensive Zoning & Subdivision Regulation Ordinances, Building, Fire,
Plumbing, Mechanical, Electrical, Health Codes, and any other ordinance or code adopted by
the Town of Prosper, as they currently exist or may be amended. The Town of Prosper
rescinds reference to the Existing adopted codes and the Existing adopted zoning code.
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