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IV.5. Second Reading; Approve Ordinance 2014-1080 for Second Reading, Approve the Summary of Ordinance 2014-1080 and Approve Resolution 2014-065 CITY OF HOPKINS MEMORANDUM To: Hopkins City Council From: Dale Specken Date: October 21, 2014 Subject: Second Reading of Ordinance 2014-1080 Staff recommends that the Council approve the following motion: Move that the Hopkins City Council approve Ordinance 2014-1080 for second reading, approve the summary of Ordinance 2014- 1080, order the summary published and posted at the Hopkins Library, and approve Resolution 2014- 065 setting fees for Fire Inspections. There have been no changes in this ordinance since the first reading. The resolution setting the fees clarifies the amount of the fees. The fees in the resolution are the fees that are currently being charged for these inspections. Attachments: Ordinance 2014-1080 Summary of Ordinance 2014-1080 Resolution 2014-065 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 1That Section 905 – Fire Prevention, is amended by deleting the strikethrough language and adding the following underlined language 905.09 Violation 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 for any violation shall not excuse the violation or be construed as a permit to continue. All such persons 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 PartiesEach 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 for Notice of Violations. When an inspection reveals violations of this Code, the Chief shall issue a Violation Notice to the occupant of the premises or the owner, or both Responsible Parties (as defined in Section 905.09.) The Violation Notice shall be served 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 Correction of all violations listed on the Violation Notice within the deadline state therein. is the responsibility of the party or parties receiving the notice. Failure to correct any violation described in the Violation Notice on or before the deadline stated therein shall constitute a misdemeanor by the occupant and by the owner to whom the Violation Notice 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 owner or the occupant who gets the inspection 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 found or the violations are corrected by the end of the first re-inspection the fee shall be 50% of the established rate. If the violations are corrected by the end of the second re-inspection the fee shall be 100% of the established rate. If the violations are not corrected by the end of the second re-inspection the fee shall be 150% of the established rate. 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 owner or the occupant who needs the inspection. 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 CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 2014-1080 AN ORDINANCE AMENDING SECTION 905 OF THE HOPKINS CITY CODE The following is a summary of the major provisions of the new ordinance: This ordinance revises the language in Section 905, Fire Inspections, to make it clear that both the tenant and the building owner are jointly responsible for correcting any violations and paying any fees. A printed copy of the entire ordinance is available from the City Clerk and at the Hopkins Library. First Reading: October 7, 2014 Second Reading: October 21, 2014 Date of Publication: October 30, 2014 Date Ordinance Takes Effect: ` October 30, 2014 CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014-065 RESOLUTION SETTING FIRE INSPECTION FEES WHEREAS, the Hopkins City Code authorizes the City Council to set fees by Resolution, and; WHEREAS, the City needs to offset the cost of providing fee based services; THEREFORE BE IT NOW RESOLVED that the following fees shall be charged in order to match the fee to the cost of providing the service: Fire Inspections First and Second Inspection: $50 per hour per inspection Third Inspection: $100 per hour per inspection Additional inspections after the third inspection: $150 per hour per inspection Adopted by the City Council of the City of Hopkins this 21st day of October, 2014. ____________________________________ Eugene J. Maxwell, Mayor ATTEST: ______________________________________ Amy Domeier, City Clerk 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 1That Section 905 – Fire Prevention, is amended by deleting the strikethrough language and adding the following underlined language 905.09 Violation 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 for any violation shall not excuse the violation or be construed as a permit to continue. All such persons 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 PartiesEach 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 for Notice of Violations. When an inspection reveals violations of this Code, the Chief shall issue a Violation Notice to the occupant of the premises or the owner, or both Responsible Parties (as defined in Section 905.09.) The Violation Notice shall be served 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 Correction of all violations listed on the Violation Notice within the deadline state therein. is the responsibility of the party or parties receiving the notice. Failure to correct any violation described in the Violation Notice on or before the deadline stated therein shall constitute a misdemeanor by the occupant and by the owner to whom the Violation Notice 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 owner or the occupant who gets the inspection 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 found or the violations are corrected by the end of the first re-inspection the fee shall be 50% of the established rate. If the violations are corrected by the end of the second re-inspection the fee shall be 100% of the established rate. If the violations are not corrected by the end of the second re-inspection the fee shall be 150% of the established rate. 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 owner or the occupant who needs the inspection. 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 CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 2014-1080 AN ORDINANCE AMENDING SECTION 905 OF THE HOPKINS CITY CODE The following is a summary of the major provisions of the new ordinance:  This ordinance revises the language in Section 905, Fire Inspections, to make it clear that both the tenant and the building owner are jointly responsible for correcting any violations and paying any fees. A printed copy of the entire ordinance is available from the City Clerk and at the Hopkins Library. First Reading: October 7, 2014 Second Reading: October 21, 2014 Date of Publication: October 30, 2014 Date Ordinance Takes Effect: ` October 30, 2014 CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2014-065 RESOLUTION SETTING FIRE INSPECTION FEES WHEREAS, the Hopkins City Code authorizes the City Council to set fees by Resolution, and; WHEREAS, the City needs to offset the cost of providing fee based services; THEREFORE BE IT NOW RESOLVED that the following fees shall be charged in order to match the fee to the cost of providing the service: Fire Inspections First and Second Inspection: $50 per hour per inspection Third Inspection: $100 per hour per inspection Additional inspections after the third inspection: $150 per hour per inspection Adopted by the City Council of the City of Hopkins this 21st day of October, 2014. ____________________________________ Eugene J. Maxwell, Mayor ATTEST: ______________________________________ Amy Domeier, City Clerk