*Cross reference(s)--Community development department, § 2-51; boards, commissions and committees, Ch. 5; water commission, § 5-191; fire prevention and protection, Ch. 8; garbage and refuse, Ch. 10; health and sanitation, Ch. 11; junked, wrecked and abandoned property, Ch. 12; licenses and business regulations, Ch. 13; plumber's license required, § 13-181; local public improvements, Ch. 14; streets, sidewalks and other public places, Ch. 21; utilities, Ch. 25; vegetation, Ch. 26; land use and development code, Ch. 27.

State law reference(s)--Buildings and equipment, C.R.S. § 9-1-101 et seq.; ordinance adopting codes by reference, C.R.S. § 31-16-201 et seq.

Art. VII. International Energy Conservation Code, §§ 6-101--6-120

It shall be unlawful for any person to erect or maintain any electric fence within the corporate limits of the city. It shall be unlawful for any person to erect or maintain any fence constructed in whole or in part of barbed wire or to use barbed wire as a guard to any parking lot or parcel of land unless the use of barbed wire has been previously approved by the director of public works/city engineer after a finding that because of the proposed use or location of the barbed wire, such use will not constitute a hazard to the public at large, or a finding that barbed wire is being used to prevent or discourage entry into a location or situation that is inherently dangerous to the public health, safety and welfare.

(Code 1962, § 6-1-5)

Pursuant to C.R.S., § 31-16-201, et seq., there is hereby adopted for the purpose of regulating the construction, alteration, moving, demolition, enlargement, improvement, repair, and use of any building or structure within the city, except work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated in this Code, and hydraulic flood control structures, the International Building Code, 2003 Edition, excluding those sections hereinafter specifically omitted, as published by the International Code Council, Inc. One (1) copy of the Code is on file in the office of the city clerk and may be inspected during regular business hours.

The following portions of the International Building Code are specifically omitted from this adopting ordinance and not adopted, at this time, as part of the International Building Code:

(Code 1962, § 4-1-1; Ord. No. 1986-3, § 1(4-1-1), 4-1-86; Ord. No. 1989-2, § 1, 2-7-89; Ord. No. 1992-2, § 1, 2-4-92; Ord. No. 1995-1, § 1, 2-21-95; Ord. No. 1998-15, § 1, 7-7-98; Ord. No. O-2003-34, § 1, 10-21-03; Ord. No. O-2005-24, § 1, 8-2-05)

Sec. 6-17. Conformance.

It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure in the city or cause the same to be done contrary to or in violation of any of the provisions of the International Building Code adopted in section 6-16.

(Code 1962, § 4-1-2(A); Ord. No. 1986-3, § 2(4-1-2), 4-1-86; Ord. No. 1989-2, § 2, 2-7-89; Ord. No. 1995-1, § 5(a), 2-21-95; Ord. No. O-2003-34, § 2, 10-21-03)

(a) The provisions of the International Building Code adopted in section 6-16 shall apply to the alteration, moving, demolition, enlargement, improvement, repair and use of any building or structure within the city, except work located primarily in a public way, public utility towers and poles, mechanical equipment not specifically regulated in the International Building Code and hydraulic flood-control structures.

(b) Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.

(c) Wherever in this code reference is made to the appendix, the provisions of the appendix shall not apply unless specifically adopted.

(Code 1962, § 4-1-3; Ord. No. 1986-3, § 1(4-1-3), 4-1-86; Ord. No. 1992-2, § 2, 2-4-92; Ord. No. 1995-1, §§ 2, 3, 2-21-95; Ord. No. 1998-15, § 2, 7-7-98; Ord. No. O-2003-34, § 3, 10-21-03)

This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the local regulations contained herein. Section headings of this article and the International Building Code adopted pursuant to section 6-16 shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or extent of the provisions of any article of section thereof.

(Code 1962, § 4-1-6; Ord. No. 1986-3, § 1(4-1-6), 4-1-86; Ord. No. O-2003-34, § 4, 10-21-03)

The following amendments to the International Building Code are hereby adopted:

Other inspections and fees:

¹Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved.

²Actual costs include administrative and overhead costs.

[Plan Review Fees] "When required by the building official, for plan checks performed by others, payment of the actual fees incurred for such review shall be made directly to the plan check agency by the permit applicant, agent or owner."

Section 108.4 of the International Building Code is amended, in its entirety, to read as follows:

Section 108.6 of the International Building Code is amended, in its entirety, to read as follows:

Section 3408 of the International Building Code is amended, in its entirety, to read as follows:

Section 3410.2 of the International Building Code is amended, in its entirety, to read as follows:

(Code 1962, § 4-1-9; Ord. No. 1986-3, § 1(4-1-9), 4-1-86; Ord. No. 1989-2, § 6, 2-7-89; Ord. No. 1992-2, § 3, 2-4-92; Ord. No. 1994-3, § 1, 4-5-94; Ord. No. 1995-1, § 4, 2-21-95; Ord. No. 1998-15, § 3, 7-7-98; Ord. No. 2000-25, § 1, 10-17-00; Ord. No. O-2003-34, § 5, 10-21-03; Ord. No. O-2005-24, § 2, 8-2-05)

Secs. 6-21--6-30. Reserved.

(a) The city hereby provides for the regulation of the installation of all electrical wiring and apparatus as provided by this article and C.R.S. title 12, article 23.

(b) The enforcement of this article shall be administered by the state electrical board or their inspector as provided by C.R.S. chapter 12, article 23.

(Code 1962, § 4-8-1)

(a) No electrical utility or other person, company, or association shall connect any electrical transmission or distribution lines or generating equipment to any building or structure within the city until a sticker of approval is attached to the service meter enclosure and an electrical inspection report stating that the electrical wiring has been approved has been issued by the state electrical inspector.

(b) The electrical inspection report for rough-in inspection shall clearly state whether the wiring is approved or is to be kept accessible for corrections and no worker shall insulate, seal or in any manner conceal any electrical wiring until it has been approved by the state electrical inspector.

(Code 1962, § 4-8-3)

Whenever any electrical wiring or other electrical apparatus shall, in the opinion of the state electrical inspector, become unsafe or in a defective or insecure condition, the state electrical inspector shall notify the owner in writing to repair or remove the same and upon the owner's failure to repair or remove the defective wiring or apparatus within ten (10) days after such notification, the state electrical inspector shall by order cause service to be disconnected.

(Code 1962, § 4-8-4)

An outside service disconnect shall be required at or near (within fifty (50) visual feet) the point the electrical service enters the building.

(Ord. No. 1992-2, § 9, 2-4-92)

Editor's note--Section 9 of Ord. No. 1992-2, adopted Feb. 4, 1992, amended § 6-35 to read as herein set out. Formerly, § 6-35 pertained to installation requirements and derived from § 4-8-5 of the 1962 Code.

Pursuant to C.R.S., § 31-16-201, et seq., there is hereby adopted, for the purpose of regulating the installation and maintenance of heating, ventilating, cooling and refrigeration systems within the city, the International Mechanical Code, 2003 Edition, as published by the International Code Council, Inc. One (1) copy of the code is on file in the office of the city clerk and may be inspected during regular business hours.

(Code 1962, § 4-3-1; Ord. No. 1986-4, § 1(4-3-1), 4-1-86; Ord. No. 1989-3, § 1, 2-7-89; Ord. No. 1992-3, § 1, 2-4-92; Ord. No. 1995-3, § 1, 2-21-95; Ord. No. 1998-17, § 1, 7-7-98; Ord. No. O-2003-37, § 1, 10-21-03; Ord. No. O-2005-25, § 1, 8-2-05)

This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the local regulation contained in this article. Section headings of this article and the International Mechanical Code adopted in section 6-51 shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or extent of the provisions of any article or section thereof.

(Code 1962, § 4-3-6; Ord. No. 1986-4, § 1(4-3-6), 4-1-86; Ord. No. O-2005-25, § 2, 8-2-05)

It shall be unlawful for any person, firm, or corporation to erect, install, alter, repair, relocate, add to, replace, use or maintain heating, ventilating, cooling or refrigeration equipment, or cause the same to be done contrary to or in violation of any of the provisions of the code adopted in section 6-51. Maintenance of equipment which was unlawful at the time it was installed and which would be unlawful under said code, if installed after the effective date of said code, shall constitute a continuing violation of said code.

(Code 1962, § 4-3-2(A); Ord. No. 1986-4, § 1(4-3-2), 4-1-86; Ord. No. 1989-3, § 4, 2-7-89; Ord. No. 1995-3, § 2(a), 2-21-95)

This article shall apply to the erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any heating, ventilating, cooling, refrigeration systems, incinerators or other miscellaneous heat-producing appliances within the city.

(Code 1962, § 4-3-3; Ord. No. 1986-4, § 1(4-3-3), 4-1-86)

Sec. 6-55. Amendments.

The following amendment to the mechanical code adopted in section 6-51 is hereby adopted:

Secs. 6-56--6-65. Reserved.

Pursuant to C.R.S., § 31-16-201, et seq., there is hereby adopted, for the purpose of regulating the erection, installation, alteration, addition, repair, relocation, replacement, maintenance or use of any plumbing system in any building within the city, the International Plumbing Code, 2003 Edition, as published by the International Code Council, Inc. One (1) copy of the code is on file in the office of the city clerk and may be inspected during regular business hours.

(Code 1962, § 4-6-1; Ord. No. 1986-5, § 1(4-6-1), 4-1-86; Ord. No. 1989-4, § 1, 2-7-89; Ord. No. 1992-4, § 1, 2-4-92; Ord. No. 1995-4, § 1, 2-21-95; Ord. No. 1998-16, § 1, 7-7-98; Ord. No. O-2003-36, § 1, 10-21-03; Ord. No. O-2005-26, § 1, 8-2-05)

Cross References: Plumber's license required, § 13-89.

Sec. 6-67. Amendments.

The following amendments to the plumbing code adopted in section 6-66 are hereby adopted:

Table 605.3 delineating permissible water service pipe is amended as follows:

TABLE 605.3
WATER SERVICE PIPE

Table 605.4 delineating permissible water distribution pipe is amended as follows:

TABLE 605.4
WATER DISTRIBUTION PIPE

Table 605.5 delineating permissible pipe fittings is amended as follows:

TABLE 605.5
PIPE FITTINGS

(Code 1962, § 4-6-9; Ord. No. 1986-5, § 1(4-6-9), 4-1-86; Ord. No. 1992-4, § 2, 2-4-92; Ord. No. 1995-4, § 2, 2-21-95; Ord. No. 2000-15, § 1, 8-15-00; Ord. No. O-2003-5, § 1, 1-18-03; Ord. No. O-2003-36, § 2, 10-21-03; Ord. No. O-2005-26, § 2, 8-2-05)

This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the local regulation contained in this article. Section headings of this article and the International Plumbing Code adopted in this article shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or extent of the provisions of any article or section thereof.

(Code 1962, § 4-6-7; Ord. No. 1986-5, § 1(4-6-7), 4-1-86; Ord. No. O-2005-26, § 3, 8-2-05)

The provisions of this article shall apply to the erection, installation, alteration, addition, repair, relocation, replacement, maintenance or use of any plumbing system within any building or structure within the city.

(Code 1962, § 4-6-3; Ord. No. 1986-5, § 1(4-6-3), 4-1-86)

It shall be unlawful for any person, firm or corporation to erect, install, alter, add to, repair, relocate, replace, maintain or use any plumbing system within any building or structure in the city or cause the same to be done contrary to or in violation of any of the provisions of said International Plumbing Code adopted in section 6-66.

(Code 1962, § 4-6-2(A); Ord. No. 1986-5, § 1(4-6-2), 4-1-86; Ord. No. 1989-4, § 4, 2-7-89; Ord. No. 1995-4, § 3(a), 2-21-95; Ord. No. O-2005-26, § 4, 8-2-05)

No person shall engage in or work at the business, trade or calling of a journeyman plumber or of a master plumber in the city without being licensed by the city. The laws of the state shall be utilized for purposes of determining the qualifications of a journeyman plumber or a master plumber. Nothing within this section is to be construed as prohibiting a homeowner from doing plumbing work within his own home.

(Code 1962, § 4-6-4; Ord. No. 1986-5, § 1(4-6-4), 4-1-86)

Cross reference(s)--Licenses and business regulations, Ch. 13.

----------

*Cross reference(s)--Mobile home park licenses, § 13-161 et seq.

----------

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Manufactured home means a single-family dwelling which is partially or entirely manufactured in a factory, is not less than twenty-four (24) feet in width and thirty-six (36) feet in length, is installed on an engineered permanent foundation, has brick, wood or a cosmetically equivalent exterior siding and a pitched roof and is certified pursuant to the National Manufactured Housing Construction and Safety Act of 1974, and revisions thereto.

(Ord. No. 1985-1, § 1, 2-5-85)

Cross reference(s)--Definitions and rules of construction generally, § 1-2.

The intent of this article is to encourage the provision of low to moderate income housing in a general residential environment by permitting the use of manufactured housing in residential zones in which similar dwellings constructed on-site are permitted. Sitings shall be subject to the requirements and procedures set forth in the appropriate zoning districts as contained in chapter 27 of this Code. To ensure neighborhood compatibility, standards of acceptable similarity and exterior appearance between manufactured housing and dwellings that had been or might be constructed on adjacent lots within the same zoning district shall apply. It is not the intent of these regulations to grant blanket approval for such sitings in every neighborhood within the residential zoning districts, but rather to provide an affordable housing alternative in a manner whereby neighborhood compatibility can be achieved.

(Ord. No. 1985-1, § 3(4-4-9), 2-5-85)

Cross reference(s)--Land use and development code, Ch. 27.

(a) Requirements. The following requirements apply to the siting of manufactured housing units:

(b) Compatibility standards. The following standards apply to the siting of manufactured housing units:

(Ord. No. 1985-1, § 3(4-4-9), 2-5-85)

Cross reference(s)--Subdivisions, Ch. 22; zoning, Ch. 27.

ARTICLE VII. INTERNATIONAL ENERGY CONSERVATION CODE*

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* Editors Note: Ord. No. O-2005-27, §§ 1, 3, adopted Aug. 2, 2005, repealed the former Art. VII, §§ 6-101--6-105, and enacted a new Art. VII as set out herein. The former Art. VII pertained to insulation standards for energy conservation and derived from Code 1962, §§ 4-5-2--4-5-6.

----------

Pursuant to C.R.S., § 31-16-201, et seq., there is hereby adopted for the purpose of regulating and governing energy efficient building envelopes and installation of energy efficient mechanical, lighting and power systems within the city, the 2003 International Energy Conservation Code, published by International Code Council, Inc. One (1) copy of such code is on file in the office of the city clerk and may be inspected during regular business hours.

(Ord. No. O-2005-27, § 3, 8-2-05)

This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the local regulation contained in this article. Section heading of this article and the International Energy Conservation Code adopted in section 6-101 shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or extent of the provisions of any article or section thereof.

(Ord. No. O-2005-27, § 3, 8-2-05)

It shall be unlawful for any person, firm, or corporation to erect, install, alter, repair, relocate, add to, replace, use or maintain any mechanical, electrical, service water-heating or illumination systems and equipment, or construct or design building envelopes, or cause any of the foregoing to be done contrary to or in violation of any of the provisions of the code adopted in section 6-101. Maintenance of equipment which was unlawful at the time it was installed and which would be unlawful under said code, if installed after the effective date of said code, shall constitute a continuing violation of said code.

(Ord. No. O-2005-27, § 3, 8-2-05)

Sec. 6-104. Application.

This article shall apply to the erection, installation, alteration, repair, relocation, addition to, replacement, use or maintenance of any mechanical, electrical, service water-heating or illumination systems and equipment, as well as the construction or design of building envelopes within the city.

(Ord. No. O-2005-27, § 3, 8-2-05)

Secs. 6-105 - 6-120. Reserved.

ARTICLE VIII. INTERNATIONAL FUEL GAS CODE*

* Editors Note: Ord. No. O-2005-27, § 2, adopted Aug. 2, 2005, repealed Art. VIII, §§ 6-121--6-6-124, which pertained to solar energy code and derived from Code 1962, §§ 4-5-5, 4-7-1, 4-7-3, 4-7-6.

Pursuant to C.R.S., § 31-16-201, et seq., there is hereby adopted for the purpose of regulating fuel gas systems and gas-fired appliances, the 2003 International Fuel Gas Code, published by International Code Council, Inc. One (1) copy of such code is on file in the office of the city clerk and may be inspected during regular business hours.

(Ord. No. O-2005-28, § 1, 8-2-05)

Sec. 6-122. Interpretation.

This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the local regulation contained in this article. Section heading of this article and the International Fuel Gas Code adopted in section 6-121 shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or extent of the provisions of any article or section thereof.

(Ord. No. O-2005-28, § 1, 8-2-05)

Sec. 6-123. Violations.

It shall be unlawful for any person, firm, or corporation to erect, install, alter, repair, relocate, add to, replace, use or maintain any fuel gas system or gas-fired appliance, or cause any of the foregoing to be done contrary to or in violation of any of the provisions of the code adopted in section 6-121. Maintenance of equipment which was unlawful at the time it was installed and which would be unlawful under said code, if installed after the effective date of said code, shall constitute a continuing violation of said code.

(Ord. No. O-2005-28, § 1, 8-2-05)

Sec. 6-124. Application.

This article shall apply to the erection, installation, alteration, repair, relocation, addition to, replacement, use or maintenance of any fuel gas system or gas-fired appliance within the city.

(Ord. No. O-2005-28, § 1, 8-2-05)

Sec. 6-125. Amendments.

Section 106.5 of the International Fuel Gas Code is amended, in its entirety, as follows:

(Ord. No. O-2005-28, § 1, 8-2-05)

Secs. 16-126--16-129. Reserved.

(Ord. No. 2000-5, § 1, 3-21-00)

(a) The building inspector, fire marshall, or such other enforcement officials as may be designated by the city manager are hereby authorized to enforce the provisions of this article. Such enforcement officials are hereby authorized to make such inspections and to take such actions as may be authorized in this article and are necessary or appropriate to enforce the provisions hereof.

(b) When it is necessary to make an inspection to enforce the provisions of this article, one (1) or more of the enforcement officials may enter the building or premises to be inspected at reasonable times to inspect such building or premises or to perform the duties imposed by this article; provided, that if the building or premises is occupied, credentials shall be presented and entry shall be requested. Should the building or premises be unoccupied, reasonable effort shall be made prior to entry to locate the owner or individual having control of the building or premises to request such entry. If entry is refused, the city shall have recourse to all available remedies provided by law to secure entry, but shall not enter the premises without having first secured permission from the occupant or an order from a court of competent jurisdiction, unless an emergency situation exists as defined in subparagraph (d) of this section.

For purposes of determining when it is necessary to make an inspection to enforce the provisions of this article, such inspections shall be deemed necessary and shall be authorized when a building or structure is determined, from external observation (visual or otherwise), to be an unsafe building or structure as herein defined, or when a complaint regarding the unsafe nature of the building or structure has been received by the city.

(c) All buildings or portions thereof which are determined after inspection to be an unsafe building or structure as defined in this article are hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in section 6-132 of this article.

(d) In cases where the condition of a building or structure constitutes a real and immediate danger to the health or safety of either the occupant or the public, the city may enter the premises for purposes of inspection, irrespective of whether permission for inspection has been granted or a court order obtained. If the inspection verifies the real and immediate danger to the health or safety of either the occupant or the public, the city may require that the building or structure be immediately vacated until such time as the necessary repair, rehabilitation, demolition or removal of said building or structure has been accomplished.(Ord. No. 2000-5, § 1, 3-21-00)

(a) When a building or structure, following inspection, has been found and determined by an enforcement official to be an unsafe building or structure as defined in section 6-130, proceedings shall be initiated by the city to cause the repair, rehabilitation, demolition, or removal of the building or structure. If only a portion of the building or structure is determined to be unsafe, the proceedings to cause the repair, rehabilitation, demolition, or removal shall be limited to that portion of the building or structure that has been determined to be unsafe.

If an enforcement official, including the building inspector or the fire marshall, determines, that a building or structure is unfit for human habitation as defined in section 6-130(c)(2) of this article, a report of such findings shall be made to the city manager and no proceedings for the repair, rehabilitation, demolition or removal of such building or structure shall be initiated unless and until the city manager has inspected such building or structure and has concurred with the determination that such building or structure is unfit for human habitation.

(b) Proceedings shall be initiated through the issuance of a notice and order which shall be directed to the record owner of the building or structure. The notice and order shall contain:

(c) The notice and order, and any amended or supplemental notices and orders shall be served upon the record owner(s) and shall be posted upon the property. Service of such notice and order shall be made either by personal service or by mailing a copy thereof by certified mail, return receipt requested, addressed to the record owner(s) at the address set forth in the records of the La Plata County Assessor's office. Service shall be effective as of the date of personal service upon the record owner(s) of the property, or, in the case of certified mail, upon the date of actual delivery, refusal of delivery, or failure to respond to the third notice of attempted delivery, whichever shall first occur. Proof of service shall be certified to by the person making such service through a written declaration declaring the time, date and manner or method by which service was made. Such declaration shall be filed with the director of the department of planning and community development.

(Ord. No. 2000-5, § 1, 3-21-00)

(a) Any person served with a notice and order pursuant to section 6-132 of this article may appeal such notice and order, or any amended or supplemental notices and orders, by filing a written appeal with the director of the department of planning and community development.

(b) The appeal shall be filed no later than fifteen (15) days from the date of the service of such notice and order as defined in section 6-132(c); provided, however, if the building or structure is in such condition as to make it immediately dangerous to public safety or adjacent property and is ordered vacated, and the notice and order provides notice of such facts, such appeal shall be filed within five (5) business days from the date of the service of the notice and order.

(c) Any such appeal shall be referred to and heard by the building and fire code board of appeals, in conformance with the provisions of section 12-2 of Chapter 27 of the Code of Ordinances of the City of Durango. Any determination by the building and fire code board of appeals with respect to a notice and order which has been appealed by the property owner shall constitute final administrative action under this article.

(Ord. No. 2000-5, § 1, 3-21-00)

After any order made pursuant to this article becomes final, whether by lapse of time after the service of a notice and order or through a determination by the building and fire code board of appeals, no person to whom such notice and order has been directed shall fail, neglect or refuse to obey such order. Any person who fails to comply with such final order shall be guilty of a violation of the Code of Ordinances of the City of Durango and the city manager, or his designated agent, shall thereafter cause a citation or complaint to be filed in the Durango Municipal Court and a summons to be issued and served upon the record owner of the building or structure which is the subject of such final order. An owner of a building or structure with respect to which a notice and order has been issued shall not be considered to have failed, neglected or refused to obey such order in circumstances where the remedial work cannot be reasonably completed within the time frame set forth in the notice and order issued pursuant to section 6-132(b), if such remedial work is either initiated within the designated timeframe and thereafter diligently pursued to completion, or if an extension of time for completion is granted by the city manager and the remedial work is completed within the extended time period allowed.

(Ord. No. 2000-5, § 1, 3-21-00)

(a) Once a notice and order have become final, through a determination on appeal or otherwise, if the owner of the property upon which an unsafe building or structure is located fails to take the necessary remedial action to repair, rehabilitate, demolish or remove the building or structure, or in those instances where the record owner of the subject property cannot be found after the exercise of due diligence, the city shall be authorized to take such action as it deems appropriate to cure or remedy the condition(s) associated with the unsafe building or structure that has been determined to be dangerous to the health, safety and welfare of the public. The actual costs of such remedial action by the city shall be billed to the property owner, either as a lump sum or in installments, as may be determined by the city council. The billing notice shall be mailed to the property owner, by certified mail, return receipt requested, at the address set forth in the records of the La Plata County Assessor's office and shall be deemed to have been delivered upon the date of actual delivery, the date of refusal of delivery, or the date of the third notice of attempted delivery, whichever shall first occur. If such billing is not paid within a period of sixty (60) days from the date of delivery such billing notice, or in the case of installment payments, if a payment is more than sixty (60) days delinquent, the city manager or his designated agent shall cause a lien to be placed against the subject property for the costs of such remedial action, together with interest thereon at the rate of twelve (12) percent per annum. Such lien shall be subject to enforcement and foreclosure by the city in the same manner as the foreclosure of a mechanic's lien in the State of Colorado, through the initiation of an action against the property owner in a court of competent jurisdiction.

(b) If a property owner believes that the costs of remedial action billed by the city are either inaccurate or excessive, the property owner may appeal the determination of such costs to the building and fire code board of appeals. Such appeal shall be filed with the director of the department of planning and community development no later than thirty (30) days from the date of delivery of the billing notice. If an appeal is timely filed, no action to collect the billing for remedial work, inclusive of the placement of a lien on the property, shall be initiated until such time as the appeal has been concluded and a final determination made by the building and fire code board of appeals.

(Ord. No. 2000-5, § 1, 3-21-00)

Liability for the failure to remedy or correct a condition associated with a building or structure that has been determined to be unsafe under the provisions of this article shall rest solely upon the record owner of the property. It shall not constitute a defense to any prosecution or notification of required action under this article that parties other than the record owner occupy the subject building or structure, or that the owner has engaged the services of an agent for purposes of management of said property.

(Ord. No. 2000-5, § 1, 3-21-00)

Secs. 6-137--6-139. Reserved.

ARTICLE X.

RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS.

* Editors Note: Ord. No. X, § X, adopted Jan./Feb./March/etc. X, 200X, repealed and re-enacted the former Art. X, §§ 6-140--6-143, and enacted a new Art. X as set out herein. The former Art. X pertained to similar subject matter and derived from Ord. No. O-2003-35, § 1, adopted Oct. 10, 2003.

Sec. 6-140. Adopted.

Pursuant to C.R.S., § 31-16-201, et seq., there is hereby adopted for the purpose of regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of one- and two-family dwellings and townhomes within the city, the 2003 International Residential Code for One- and Two-Family Dwellings, published by International Code Council, Inc. One (1) copy of such code is on file in the office of the city clerk and may be inspected during regular business hours.

The following portions of the International Residential Code for One- and Two-Family Dwellings are specifically omitted from this Article X and are not adopted, at this time, as part of said code:

(a) The provisions of the International Residential Code for One- and Two-Family Dwellings adopted pursuant to section 6-140 shall apply to the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of one- and two-family dwellings and townhomes within the city.

(b) Where, in any specific case, different sections of this code specify different materials, methods of construction, or other requirements, the most restrictive shall govern.

(c) Wherever in this code reference is made to the appendix, the provisions of the appendix shall not apply, unless specifically adopted.

(Ord. No. O-2005-29, § 1, 8-2-05)

Sec. 6-142. Violations.

It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any one-family dwelling, two-family dwelling, or townhomes within the city, or cause the same to be done, contrary to or in violation of any of the provisions of the International Residential Code for One- and Two-Family Dwellings adopted in section 6-140.

(Ord. No. O-2005-29, § 1, 8-2-05)

Sec. 6-143. Interpretation.

This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the local regulation contained in this article. Section headings of this article and the International Residential Code for One- and Two-Family Dwellings adopted pursuant to section 6-140 shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or extent of the provisions of any article or section thereof.

(Ord. No. O-2005-29, § 1, 8-2-05)

Sec. 6-144. Amendments.

Subsection 1 of § R105.2 pertaining to work exempt from permit requirements shall be and is hereby modified as follows:

SECTION R108 FEES

R108.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.

R108.2 Schedule of permit fees. On buildings, structure, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the fees established by resolution of the city council.

R108.3 Building permit valuations. Building permit valuations shall include total value of the work for which a permit is being issued, such as electrical, gas, mechanical, plumbing equipment and other permanent systems, including materials and labor.

R108.4 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection with or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.

R108.5. Work commencing before permit issuance. Any person who commences work before obtaining the necessary permits shall be subject to a permit fee equal to three hundred (300) percent of the usual permit fee.

R108.6 Refunds. The code official shall authorize the refunding of fees, where appropriate. Refunds may be up to but shall not exceed eighty (80) percent of the amount paid, except in cases where a permit was applied for or issued erroneously, in which event a full refund shall be allowed. The code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than one hundred eighty (180) days after the date of the fee payment.

N1101.2.1 Detached one- and two-family dwellings.

Compliance shall be demonstrated by either:

1. Meeting the requirements of this chapter; or

2. Meeting the requirements of the International Energy Conservation Code for detached one- and two-family dwellings.

Section N1101.2.2 is amended, in its entirety, as follows:

N1101.2.2 Townhomes. Compliance shall be demonstrated by either:

1. Meeting the requirements of this chapter; or

2. Meeting the requirements of the International Energy Conservation Code for residential buildings of Group R-2, R-4 or townhouses.

Section N1102.1 is amended, in its entirety, as follows:

N1102.1 Thermal performance criteria. The minimum required insulation R-value or the area-weighted average maximum required fenestration U-factor (other than opaque doors which are governed by section N1102.1.3) for each element in the building thermal envelope (fenestration, roof/ceiling, opaque wall, floor, slab edge, crawl space wall and basement wall) shall be in accordance with the criteria in Table N1102.1.

Section N1102.1.4 is deleted, in its entirety.

Section N1102.4, inclusive of Table N1102.4, are deleted, in their entirety.

Tables P2904.4.1 (Water Service Pipe), P2904.5 (Water Distribution Pipe) and P2904.6 (Pipe Fittings) set forth in section P2904 are modified as follows:

TABLE P2904.4.1
WATER SERVICE PIPE

TABLE P2904.5
WATER DISTRIBUTION PIPE

TABLE P2904.6
PIPE FITTINGS

(Ord. No. O-2005-29, § 1, 8-2-05)

Sections 6-145 - 6-150. Reserved