VI.2. Approve Ordinance 2014-1080, Amendments to Section 905 of the City CodeOctober 7, 2014 0 i Council Report 2014-102
AMENDMENTS TO SECTION 905 OF THE CITY CODE
Proposed Action
Staff recommends that the Council approve the following motion: Move that the Hopkins City
Council approve Ordinance 2014-1080 for first reading.
Adoption of this motion will begin the process of amending Section 905 — Fire Prevention.
Overview
Section 905 allows the Fire Department to inspect commercial buildings in order to determine
whether there are any conditions which may cause a fire. Inspections usually take place every other
year. Many inspections will find no hazardous conditions. If there is a problem, orders are written,
and the issue is normally resolved by the time a reinspection is conducted.
Fees are charged for these inspections. The fees are usually in the $50 to $100 range unless
additional inspections are required.
Upon completion of an inspection, a report is issued to both the tenant and the owner of the
building. Fees are charged to the tenant but Section 905.13 also allows the City to collect the fee
from the building owner if the tenant refuses to pay: "Such fee shall be collected from either the
owner or the occupant who gets the inspection." Although this seems like a clear statement of
authority to charge either the occupant or owner, there have been disputes about this language. Staff
requested that the City Attorney draft language which would further clarify the ability to collect any
fees from the building owner or the tenant.
Primary Issues to Consider
• What language from Section 905 is being changed?
Supporting Information
• Analysis of Issues
• Alternatives
• Ordinance number 2014-1080
Dale Specken
Fire Chief
Council Report 2014-102
Page 2
Analysis of Issues
What language is being changed?
Section 905.09 is being amended to make it clear that the responsible parties are both the owner of
the building and the occupant:
Both the owner and occupant of the premises ("Responsible Parties") are the parties responsible for
compliance and liability for violations under this Code, and the parties are separately subject to the
penalties and fees described herein.
The occupant, or tenant, will usually be billed for the inspection assuming that the occupant is
responsible for the hazardous condition. It is normally only if the occupant refuses to pay the fee
that the owner is then charged. This has been done for two reasons: 1) the owner is ultimately
responsible for what goes on in his or her building; and 2) the owner benefits from these inspections
since a fire hazard caused by one tenant could result in damage to the entire building.
The other major change to Section 905 is the deletion of fee language from Section 905.13. The
language about 50%, 100%, and 150% of the "established rate" was confusing. This will be
replaced with stated fees of $50 per hour for the first two inspections, $100 per hour for the third
inspection, and $150 per hour for any additional inspections. These are the fees that the Fire
Department has been charging. A resolution establishing these fees will be brought forward with the
second reading of Ordinance 2014-1080.
Alternatives
1. Adopt Ordinance number 2014-1080 for first reading.
2. Do not adopt Ordinance number 2014-1080.
Staff recommends Alternative 41.
CITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 2014-1080
AN ORDINANCE AMENDING SECTION 905 OF THE HOPKINS CITY CODE
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
Section 1. That Section 905 — Fire Prevention, is amended by deleting the stf!i ,ethf!ettgh
language and adding the following underlined language
905.09 Vielatie Liability for Violations. It is unlawful for a person to violate or fail to
comply with the provisions of this code, or to fail to construct in compliance with the terms and
conditions or specification of plans submitted and approved by the city or any certificates or
permits issued for such purpose from which no appeal has been taken. Both the owner and
occupant of the premises ("Responsible Parties") are the parties responsible for compliance and
liability for violations under this Code, and the parties are separately subject to the penalties and
fees described herein. The imposition of one penalty f r any violation shall not exetts
dation er be nstf epet!ft1it to eentin ,o All sttehpe s The Responsible Parties shall
be required to correct or remedy such violation or defects within a reasonable time to be
established in writing by the Chief. Failure to correct any violation described in the Violation
Notice (described in 905.11) on or before the deadline stated therein shall constitute a
misdemeanor by the Responsible Parties. Each day that such prohibited conditions are
maintained, after the deadline to correct, constitutes is a separate offense. The imposition of one
penalty for any violation shall not excuse the violation or be construed as a permit to continue.
905.11 Liability Notice of Violations. When an inspection reveals violations of this
Code, the Chief shall issue a Violation Notice to the eeettpant of the ptvaiisesr the ewflef,--ef
beth Responsible Parties (as defined in Section 905.09.) The Violation Notice shall be seed
provided to the Responsible Parties in the manner specified in the Minnesota Uniform Fire Code.
The Violation Notice will be sent to the occupant at the address of the premises and to the owner
at the name and address of the person listed as the taxpayer with Hennepin County. The
Responsible Parties must correct C,,....oetio,, of all violations listed on the Violation Notice
within the deadline state therein. is the tv sibi ity of the patty »,,..ties tveeiving the fletie-e.
Failutv to eetivet any vielation dese6bed in the Violation Netiee on et! before the deadline state
,.Teti, was issued.
905.13 Fee Fire Inspections. A fee shall be charged for fire inspections. This fee will not
apply to complaints on specific hazards. Such fee shall be collected from either the ,,w -fie.. Or *'' ,
eeettpant who gots the ,,speedo,, of the Responsible Parties (as defined in Section 905.09.). The
fee shall be in an amount established by City Council resolution. if there are no Violations Taet! the violations at!e eeffeeted by the end of the fit!st tv inspeetion the fee shall be c
0 of the
established rate. if the violations at!e eetiveted by the end of the seeend f!e ifispeetion the fee
shall be 0 of the established tute. if the violations at!e not eeffeeted by the end of the seeen
tv inspeetion the fee shall be 150% of the establishte.
905.15 Fee for Mandatory Fire Inspections. A fee shall be charged for fire inspections
conducted because of a request from the business itself or an outside agency. This fee will not
apply to complaints on specific hazards. Such fee shall be collected from either the ,,w-fie.. Or
eeettpant who roods the inspeetio,, of the Responsible Parties (as defined in Section 905.09.)
The fee shall be in an amount established by Council Resolution.
Section 2. The effective date of this ordinance shall be the date of publication.
First Reading:
October 7, 2014
Second Reading:
October 21, 2014
Date of Publication:
October 30, 2014
Date Ordinance Takes Effect:
October 30, 2014
Eugene J. Maxwell, Mayor
ATTEST:
Amy Domeier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature Date