HomeMy WebLinkAbout2024-018 Ordinance amending sections of Yakima Municipal Code Chapter 11.40 Property Maintenance Code ORDINANCE NO. 2024-018
AN ORDINANCE amending Chapter 11.40 of the City of Yakima Municipal Code.
WHEREAS, the International Property Maintenance Code establishes minimum housing
standards and requirements for the maintenance of existing buildings and property, including
procedures for the abatement of nuisances, dangerous buildings and various other fire/life/safety
conditions; and,
WHEREAS, the City Council of the City of Yakima has adopted the International Property
Maintenance Code with additions and amendments establishing criteria by which to address such
nuisances and dangerous conditions found on properties; and,
WHEREAS, after review, the City of Yakima finds that there are sections of the
International Property Maintenance Code that should be amended or repealed to reflect local
conditions; and
WHEREAS, the City Council of the City of Yakima finds that it is in the best interest of the
City and its residents to make such necessary amendments to Yakima Municipal Code Chapter
11.40: International Property Maintenance Code; now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 103 of Yakima Municipal Code 11.40 shall be amended to read as
follows:
[A] 103.1 General. The code administration division is responsible for carrying out the provisions
of this code. The code administration manager, or his or her designee shall be known as the
code official.
[A] 103.2 Appointment. The code official shall be appointed by the chief appointing authority of
the jurisdiction.
[A] 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the
concurrence of the appointing authority, the code official shall have the authority to appoint a
deputy(s). Such employees shall have powers as delegated by the code official.
[A] 103.4 Liability. The code official or employee charged with the enforcement of this code,
while acting for the jurisdiction, in good faith and without malice in the discharge of the duties
required by this code or other pertinent law or ordinance, shall not thereby be rendered civilly or
criminally liable personally, and is hereby relieved from all personal liability for any damage
accruing to persons or property as a result of an act or by reason of an act or omission in the
discharge of official duties. Nothing provided in this chapter shall create any duty on the city to
enforce any specific law or code section or abate any specific condition or circumstance which
may exist. The code official shall exercise sound discretion and shall maintain enforcement
actions as resources permit and in proportion to alleged nuisances.
[A] 103.4.1 Legal defense. Any suit or criminal complaint instituted against any officer or
employee because of an act performed by that officer or employee in the lawful discharge of
duties and under the provisions of this code shall be defended by the legal representative of the
jurisdiction until the final termination of the proceedings. The code official or any subordinate shall
not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the
provisions of this code.
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[A] 103.5 Fees. The fees incurred by the City for activities and services performed by the
department in carrying out its responsibilities under this code, including but not limited to recording
fees and title search fees, shall be paid by any person or owner violating this code.
Section 2. Section 104 of Yakima Municipal Code 11.40 shall be amended to read as
follows:
[A] 104.1 General. The code official is hereby authorized to enforce the provisions of this code.
The code official shall have the authority to render interpretations of this code and to adopt policies
and procedures in order to clarify the application of its provisions. Such interpretations, policies
and procedures shall be in compliance with the intent and purpose of this code. Such policies and
procedures shall not have the effect of waiving requirements specifically provided for in this code.
[A] 104.2 Inspections. The code official shall make all of the required inspections, or shall accept
reports of inspection by approved agencies or individuals. Reports of such inspections shall be in
writing and be certified by a responsible officer of such approved agency or by the responsible
individual. The code official is authorized to engage such expert opinion as deemed necessary to
report on unusual technical issues that arise, subject to the approval of the appointing authority.
[A] 104.3 Right of entry. Where it is necessary to make an inspection to enforce the provisions
of this code, or whenever the code official has reasonable cause to believe that there exists in a
structure or upon a premises a condition in violation of this code, the code official is authorized to
enter the structure or premises at reasonable times to inspect or perform the duties imposed by
this code, provided that if such structure or premises is occupied the code official shall present
credentials to the occupant and request entry. If such structure or premises is unoccupied, the
code official shall first make a reasonable effort to locate the owner, owner's authorized agent or
other person having charge or control of the structure or premises and request entry. If entry is
refused, the code official shall have recourse to the remedies provided by law to secure entry.
[A] 104.4 Identification. The code official shall carry proper identification when inspecting
structures or premises in the performance of duties under this code.
[A] 104.5 Notices and orders. The code official shall issue all necessary notices or orders to
ensure compliance with this code.
[A] 104.6 Department records. The code official shall keep official records of all business and
activities of the department specified in the provisions of this code. Such records shall be retained
in the official records for the period required for retention of public records.
104.15 Permits Required. Any owner or owner's authorized agent who intends to construct,
enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to
erect, install, enlarge, alter, repair remove, convert or replace any electrical, gas, mechanical or
plumbing system, the installation of which is regulated by the codes of the jurisdiction, or to cause
such work to be performed shall obtain the required permits in accordance with the laws of the
jurisdiction.
Section 3. Section 202 of Yakima Municipal Code 11.40 general definitions shall be
amended to read as follows:
ABATE.To repair, replace, remove, paint over, or otherwise remedy a condition which constitutes
a violation of this chapter by such means and in such a manner and to such an extent as the code
official determines appropriate in the interest of the general health, safety and welfare of the
public. For the purposes of this chapter, when the city abates graffiti under Section 110, abate
means only to paint over.
ANCHORED. Secured in a manner that provides positive connection.
[A] APPROVED. Acceptable to the code official.
ATTRACTIVE NUISANCE. A nuisance which whether in or on a building, a building premises or
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an unoccupied lot, and whether realty, fixture, or chattel, which might reasonably be expected to
attract children of tender years and constitute a danger to them, including, but not limited to:
broken or missing windows and doors; unsecured buildings or structures; abandoned wells; ice
boxes or refrigerators with doors and latches; shafts; basements or other excavations; abandoned
or inoperable vehicles or other equipment; structurally unsound fences or other fixtures; lumber;
vegetation; or other debris.
BASEMENT. That portion of a building that is partly or completely below grade.
BATHROOM. A room containing plumbing fixtures including a bathtub or shower.
BEDROOM. Any room or space used or intended to be used for sleeping purposes in either a
dwelling or sleeping unit.
CITY PROPERTY. Property owned by the city, including but not limited to, real and personal
property, trees, utility poles, garbage cans and dumpsters.
[A] CODE OFFICIAL. The official who is charged with the administration and enforcement of this
code, or any duly authorized representative.
CONDEMN. To adjudge unfit for occupancy.
COST OF SUCH DEMOLITION OR EMERGENCY REPAIRS. The costs shall include the actual
costs of the demolition or repair of the structure less revenues obtained if salvage was conducted
prior to demolition or repair. Costs shall include, but not be limited to, expenses incurred or
necessitated related to demolition or emergency repairs, such as asbestos survey and abatement
if necessary; costs of inspectors, testing agencies or experts retained relative to the demolition or
emergency repairs; costs of testing; surveys for other materials that are controlled or regulated
from being dumped in a landfill; title searches; mailing(s); postings; recording; and attorney fees
expended for recovering of the cost of emergency repairs or to obtain or enforce an order of
demolition made by a code official, the governing body or board of appeals.
DETACHED. When a structural element is physically disconnected from another and that
connection is necessary to provide a positive connection.
DETERIORATION. To weaken, disintegrate, corrode, rust or decay and lose effectiveness.
DRIVEWAY. The private traveled path to or through a property which extends in a straight line
from a legally established curb cut intended for the access of such driveway. In the case of circular
driveways, it is the improved surface that connects one legally established curb cut to another.
[A] DWELLING UNIT. A single unit providing complete, independent living facilities for one or
more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation
[Z] EASEMENT. That portion of land or property reserved for present or future use by a person
or agency other than the legal fee owner(s) of the property. The easement shall be permitted to
be for use under, on or above said lot or lots.
EQUIPMENT SUPPORT. Those structural members or assemblies of members or manufactured
elements, including braces, frames, lugs, snuggers, hangers or saddles, that transmit gravity load,
lateral load and operating load between the equipment and the structure.
EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the
control of owners or operators of such premises.
FRONT YARD. The open area extending along and parallel to the entire length of the front lot
line and measured from the property line to the structure.
GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and
consumption of food.
GRAFFITI. The unwanted defacing, damaging or destroying by painting by whatever means or
marking of ink, chalk, dye, or other similar substances or placement of stickers or appliques on
public or private buildings, structures or places.
[BE] GUARD. A building component or a system of building components located at or near the
open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking
surface to a lower level.
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[BG] HABITABLE SPACE. Space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not
considered habitable spaces.
HAZARDOUS VEGETATION. Vegetation that is dry and combustible exceeding twelve inches
in height which may cause a fire hazard to the immediate and surrounding areas. Hazardous
vegetation can include, but is not limited to, trees, shrubs, grass, weeds, bushes, vines and other
plant materials, including but not limited to clippings, fallen leaves or branches.
[A] HISTORIC BUILDING. Any building or structure that is one or more of the following: 1. Listed
or certified as eligible for listing, by the State Historic Preservation Officer or the Keeper of the
National Register of Historic Places, in the National Register of Historic Places. 2. Designated as
historic under an applicable state or local law. 3. Certified as a contributing resource within a
National Register or state or locally designated historic district.
HOUSEKEEPING UNIT. A room or group of rooms forming a single habitable space equipped
and intended to be used for living, sleeping, cooking and eating that does not contain, within such
a unit, a toilet, lavatory and bathtub or shower.
IMMINENT DANGER. A condition that could cause serious or life-threatening injury or death at
any time.
IMPROVED SURFACE. A surface covered with gravel, cement, pavers, asphalt, brick, or other
approved materials.
INFESTATION.The presence, within or contiguous to, a structure or premises of insects, rodents,
vermin or other pests.
INOPERABLE MOTOR VEHICLE. A vehicle that cannot be driven upon the public streets for
reason including but not limited to being wrecked, abandoned, in a state of disrepair, is extensively
damaged, such damage including, but not limited to any of the following: broken or missing
headlights, taillights, broken or missing window or windshield, or missing wheels, tires, motor or
transmission, is apparently inoperable; or is incapable of being moved under its own power.
[A] LABELED. Equipment, materials or products to which have been affixed a label, seal, symbol
or other identifying mark of a nationally recognized testing laboratory, approved agency or other
organization concerned with product evaluation that maintains periodic inspection of the
production of the above-labeled items and whose labeling indicates either that the equipment,
material or product meets identified standards or has been tested and found suitable for a
specified purpose.
LET FOR OCCUPANCY or LET. To permit, provide or offer possession or occupancy of a
dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not
the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license,
or pursuant to a recorded or unrecorded agreement of contract for the sale of land.
NEGLECT. The lack of proper maintenance for a building or structure.
NUISANCE. A nuisance is: (1) a nuisance defined by statute or ordinance; (2) a nuisance at
common law, either public or private; (3) an attractive nuisance; (4) hazardous vegetation; (5)
uncleanness, insanitary conditions, or whatever is dangerous to human life or detrimental to
health; (6) overcrowding; (7) abandonment or vacancy; or (8) any violation of this code.
[A] OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied.
OCCUPANT.Any individual living or sleeping in a building, or having possession of a space within
a building.
OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed
ventilation and which opens directly to the outdoors.
OPERATOR. Any person who has charge, care or control of a structure or premises that is let or
offered for occupancy.
[A] OWNER.Any person, agent, operator, firm or corporation having legal or equitable interest in
the property; or recorded in the official records of the state, county or municipality as holding title
to the property; or otherwise having control of the property, including the guardian of the estate of
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any such person, and the executor or administrator of the estate of such person if ordered to take
possession of real property by a court.
[A] PERSON. An individual, corporation, partnership or any other group acting as a unit.
[A] PREMISES. A lot, plot or parcel of land, easement or public way, including any structures
thereon.
PRIVATE CONTRACTOR. Any person with whom the city shall have duly contracted to abate a
condition that is in violation of this code.
PROPERTY.Any land which is affixed, incidental or appurtenant to land, including, but not limited
to, any business or residence, parking area, loading area, landscaping, building, fence or
structure, or any separate part, unit or portion thereof.
PROPERTY MANAGER. Any person or entity who has a contract with an owner to manage real
property.
[A] PUBLIC WAY. Any street, alley or other parcel of land that: is open to the outside air; leads
to a street; has been deeded, dedicated or otherwise permanently appropriated to the public for
public use; and has a clear width and height of not less than 10 feet (3048 mm).
RECREATIONAL VEHICLE. Any snowmobile, watercraft, golf cart, motor home, camper, camp
trailer, all-terrain vehicle, or other vehicle in which the primary use is recreation and not everyday
use.
REPEAT OFFENDER. An owner or tenant who has committed the same code violation more
than one time in a 24 month period. The repeat violation occurs after the person has corrected
an earlier violation of this code, the case has been abated and closed, and the person is found to
have committed the same violation again.
ROOMING HOUSE. A building arranged or occupied for lodging, with or without meals, for
compensation and not occupied as a one- or two-family dwelling.
ROOMING UNIT. Any room or group of rooms forming a single habitable unit occupied or
intended to be occupied for sleeping or living, but not for cooking purposes.
RUBBISH. Combustible and noncombustible waste materials, except garbage. The term shall
include, but is not limited to: the residue from the burning of wood, coal, coke and other
combustible materials; paper; rags; cartons; boxes; wood; excelsior; rubber; leather; tree
branches; yard trimmings; tin cans; metals; mineral matter; glass; old rope; old iron, copper, tin
and lead; empty bottles; sacks; parts of machinery; parts of stoves and other appliances; scrap
metal of all kinds; abandoned or inoperable vehicles and other equipment; parts of vehicles; motor
vehicle tires; furniture items and parts of furniture and appliance items, and parts or appliances
intended for use inside a structure; materials and debris resulting from a fire including detached
partially burned lumber; and other similar materials.
Exceptions: 1. Firewood that is stored and stacked in an approved manner.
2. Storage of 12 or less motor vehicle tires stored in an approved manner.
3. Approved motor vehicle tire storage regulated by other sections of the Yakima
Municipal Code.
[A] SLEEPING UNIT. A room or space in which people sleep, which can also include permanent
provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and
spaces that are also part of a dwelling unit are not sleeping units.
STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not
required to prove criminal intent as a part of its case. It is enough to prove that the defendant
either did an act which was prohibited, or failed to do an act which the defendant was legally
required to do.
[A] STRUCTURE. That which is built or constructed.
TENANT. A person, corporation, partnership or group, whether or not the legal owner of record,
occupying a building or portion thereof as a unit.
TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower.
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ULTIMATE DEFORMATION. The deformation at which failure occurs and that shall be deemed
to occur if the sustainable load reduces to 80 percent or less of the maximum strength.
UTILITY TRAILER. A licensed, nonmotorized vehicle, which is intended to be towed behind
another vehicle.
[M] VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned
air to, or removing such air from, any space.
WORKMANLIKE. Executed in a skilled manner; e.g., generally plumb, level, square, in line,
undamaged and without marring adjacent work.
[Z] YARD. An open space on the same lot with a structure.
Section 4. Section 302 of Yakima Municipal Code shall be amended to read as
follows:
302.1 Sanitation. Exterior property and premises shall be maintained in a clean, safe and
sanitary condition and shall not constitute a nuisance. The occupant shall keep that part of the
exterior property that such occupant occupies or controls in a clean and sanitary condition, so as
not to constitute a nuisance, or contain rubbish or garbage in violation of this code.
302.2 Grading and drainage. Premises shall be graded and maintained to prevent accumulation
of stagnant water within any structures located thereon.
302.3 Sidewalks and driveways. Sidewalks, walkways, stairs, driveways, parking spaces, and
similar areas shall be kept in a proper state of repair and maintained free from hazardous
conditions in accordance with the codes and ordinances of the City of Yakima.
302.4 Weeds. Premises and exterior property shall be maintained free from hazardous
vegetation in excess of 12 inches in height. Upon failure of the owner or agent having charge of
a property to cut and destroy such vegetation 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, and after proper notification has
been given to the owners (unless the conditions constitute an imminent danger), 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.
302.6 Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases,
steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly on
abutting or adjacent public or private property or that of another tenant.
302.7 Accessory structures. Accessory structures, including detached garages, fences and
walls, shall be maintained structurally sound and in good repair.
302.8 Motor vehicles. Except as provided for in other regulations, inoperative motor vehicles
shall not be parked, kept or stored on any premises, and vehicles shall not at any time be in a
state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting
of vehicles is prohibited unless conducted inside an approved spray booth.
Exception: A vehicle of any type is permitted to undergo major overhaul, including body
work, provided that such work is performed inside a structure or similarly enclosed area
designed and approved for such purposes.
302.9 Parking in the front yard. No utility, recreational, or motor vehicle, and/or utility trailer may
be parked upon the front yard of a residence or business unless such vehicle or trailer is parked
upon an improved surface driveway.
Exceptions:
1.This provision shall not apply to properties located within the area north of Viola, south
of Alder, west of 1-82 and east of South 8th Street during the dates set forth for the
operation of the Annual Central Washington State Fair and the Fourth of July celebration
occurring on the Central Washington State Park Grounds.
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2.This provision shall not apply to licensed motor vehicle repair, sales, storage or other
approved vehicle-oriented businesses.
302.10 Unattended Vehicles. Leaving vehicles unattended on blocks,jacks, ramps or otherwise
elevated above the ground is prohibited, unless, when unattended, the vehicle is enclosed in a
garage, surrounded by a fence or screened from view and access in an approved manner by
other means. Nothing in this section shall be construed to be an approval to store vehicles in an
unlawful manner.
302.11 Defacement of property. A person shall not willfully or wantonly damage, mutilate or
deface any exterior surface of any structure or building on any private or public property by placing
thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said
surface to an approved state of maintenance and repair.
302.11.1 Graffiti abatement program.
A. Graffiti and other defacement of public and private property, including walls, rocks, bridges,
fences, gates and other structures, trees and other real and personal property within the city,
constitutes a nuisance. The city council finds that graffiti is also associated with criminal street
gang activity pursuant to RCW 9A.48.105 and YMC 6.11.025 and that proliferation of graffiti
promotes criminal street gangs and criminal street gang activity. Such activity constitutes an
immediate threat to the life, health, safety and property of residents of the city. Procedures herein
requiring abatement, following notice and opportunity to appeal, are necessary and will preserve
and protect the life, health, safety and property of residents of the city.
B. Although it is appropriate, where possible, to request that the courts require people who are
convicted of acts of defacement and vandalism involving application of graffiti to public or private
property to restore the property so defaced, damaged or destroyed, apprehension of persons who
commit such acts is difficult because the offenses involved can be committed quickly and
surreptitiously so that witnesses to the acts are frequently nonexistent.
C. Although the public should be encouraged to cooperate in the elimination of graffiti by
reporting the same to the proper authorities, it is also important to eliminate the presence of graffiti
from the community so that the product of the illegal acts of those involved in application of graffiti
is not visible and the property on which the graffiti is located and surrounding properties do not
suffer diminution of value.
302.11.1.1 City abatement program—Request for assistance.
Subject to availability of funding and personnel, the city makes available a graffiti abatement
program. Owners of property within the city, and any owner who receives a notice issued pursuant
to Section 302.10.2 to abate graffiti may request assistance from the city's graffiti abatement
program to abate graffiti placed on their property. Participation in such graffiti abatement program
shall include the following:
302.11.1.2 Release from liability. Applicant shall sign a consent and release from liability form
approved by the city authorizing city personnel and/or its contractors to enter upon the owner's
property for the purpose of abating the graffiti. Upon execution, such consent and release shall
be in effect pursuant to the terms and conditions of the document. Any consent and release may
be revoked in writing by the owner and/or property manager and/or tenant at any time.
302.11.1.3 Abatement by City. The city or its contractors may abate the graffiti. Graffiti abated
by the city shall be only by application of paint provided by the city or contractor. Matching paint
is not guaranteed. The city will only paint over graffiti and will not remove it through sand blasting
or other means.
302.11.1.4 Acceptance into program. For applicants who have received a notice issued
pursuant to Section 302.10.2 to abate graffiti, acceptance into the city's graffiti abatement program
shall stay the five-day compliance requirement, or such other compliance deadline established in
such notice by the code official unless otherwise notified by the city.
302.11.1.5 Limitations.The city or its contractors shall not authorize nor undertake to provide for
the painting of any more extensive area than the area where the graffiti is located.
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302.11.1.6 Program modifications. The city reserves the right to establish, modify and amend
its graffiti abatement program, and to define by rule or policy standards of eligibility for
participation, methods of abatement and scheduling of abatement activities.
302.11.1.7 City abatement program—Priorities. There may not always be adequate funding or
personnel for the city abatement program outlined in YMC 11.40.110. When funding and/or
personnel is limited, the following priority may be established for service to those property owners
who have entered the program:
(1) Single-family residential zoned properties and city property;
(2) Two-family residential zoned properties;
(3) Multifamily residential zoned properties;
(4) CBD zoned properties;
(5) All other commercial zoned properties;
(6) Manufacturing zoned properties.
Entry into the graffiti abatement program is not a guarantee of service. If adequate funding or
personnel is not available, the property owner/property manager and tenant (if applicable) will be
notified that they are responsible for the abatement of graffiti on the property.
Section 5. If any section, subsection, paragraph, sentence, clause or phrase of this
ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the
validity of the remaining portions of this ordinance.
Section 6. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 18'h day of June, 2024.
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Publication Date: June 22, 2024
Effective Date: July 22, 2024
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 9.C.
For Meeting of: June 18, 2024
ITEM TITLE: Ordinance amending sections of Yakima Municipal Code Chapter
11.40 Property Maintenance Code
SUBMITTED BY: Bill Preston, Interim Community Development Director
*Glenn Denman, Code Administration Manager
SUMMARY EXPLANATION:
The proposed ordinance removes "unlicensed"from inoperable vehicle descriptions, adds enforcement
discretion, and reduces the number of section digits (clean up) to Title 11.40 Property Maintenance
Code, as mandated by Council at the 5/14/24 study session. These changes are reflective of Council
direction on these matters.
ITEM BUDGETED: N/A
STRATEGIC PRIORITY: N/A
RECOMMENDATION: Pass Ordinance.
ATTACHMENTS:
Ordinance - Redline - Ch. 11.40 Changes.pdf
Ordinance - Clean - Ch. 11.40 Changes.docx
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