CR2002-196 Ord 888 - 1st Reading
.. .
. December 13, 2002 Council Report No. 2002-196
ORDINANCE AMENDING SECTION 405
OF THE HOPKINS CITY CODE
Proposed Action.
Statf recommends that the Council approve the following motion: Move to approve
Ordinance 2002-888 for first reading.
Overview.
Ordinance No. 2002-888 revises various portions of Section 405 - Property Maintenance
Code. In addition to editorial changes and relocation of sections for clarity, there are a
number of more substantive changes that include:
. Adopts the most current edition of the International Property Maintenance Code.
. Provides exceptions for cooking devices in rooming units.
. Sets room sizes and address overcrowding of dwellings.
. Adds language regarding administrative citations.
Primary Issues to consider.
. . Benefits of the updated code. Tcchnical support for code interpretations from the
International Code Council.
. Providing exceptions for cooking devices in rooming units.
. Impacts of the revisions regarding overcrowding.
Supportine Documents.
. Analysis of the Issues
. Ordinance 2002-888
~"?
' .~ . ;(l -
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L." ~ 7;.;:. if.. l-" c( t~.../I" "-
Rick Davidson
Building Official
Financial Impact: $ Budgeted: YIN Source:
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Related Documents (eIP, ERP. etc.):
. Notes:
. COlmcil Report 2002-196
Page 2
Analvsis of the Issues
Benefits of the updated code. Technical support for code interpretations from the
International Code Council (lCC).
. The major change to this section is the adoption ofthe most current edition of the
2000 International Property Maintenance Code (IPMC). The new 2000 Intemational
Property Maintenance Code replaces the previolls National Property Maintenance
Code. These codes are very similar except for the name change due to a
reorganization of the national model code groups that maintain it. It is a companion
code to the building and mechanical codes adopted by the State of Miilllesota and is
designed to work in concert with these codes. Since this code will now receive the
attention of all three of the national model code groups rather than just one as
occurred previously, it will receive greater scrutiny by a broader cross section of
individuals which will hopefully make this document more responsive to the needs of
the cities that use it. Also available will be greater technical supp0l1 from ICe in the
form of code interpretations and training guides.
. Providing exceptions for cooking devices in rooming units
. A local modification of the IPMC provides exceptions for cooking devices in
rooming units. The IPMC fails to recognize that some hotels and motels may offer
coffee makers and microwave ovens within their rooms. Our proposal would permit
coffee makers, microwave ovens, and hot air popcorn poppers (appliances used only
briefly) but exclude devices such as hot plates, electric frying pans, toasters, slow
cookers, and similar appliances (appliances involving glowing elements, high heat. or
reduced supervision).
Impacts of the revisions regarding overcrowding
. Another local modification sets minimum room sizes consistent with the building
code and addresses overcrowding of dwellings by actual conditions rather than
strictly on square footage. While the language in the IPMC makes enforcement more
objective, it fails to recognize that individual living habits playa greater role in
establishing actual health, sanitation, and safety conditions
Alternatives
1. Approve the Ordinance 2002-888 for first reading.
2. Do not approve Ordinance 2002-888 for first reading.
. Staff recommends Alternative # I.
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. CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE 2002-888
AN ORDINANCE AMENDING SECTION 405 OF THE HOPKINS CITY CODE
The City Council of the City of Hopkins does hereby ordain:
Section 1. The Hopkins City Code, Section 405 Property
Maintenance Code, is hereby amended to read as follows:
Section 405 - Property Maintenance Code
405.01. International Property Maintenance Code Adopted.
SOOd. 1. The N.:ltion.:1l Property MJinten.:lnce Code ( " N PHC " ) ,
1993 Edition, International Property Maintenance Code
(IPMC) , 2000 Edition, published by the Building Officiol~
Jnd Code ^dmini~trotor~ Intcrnotion.:ll, Inc. ( " BOCZ'" " ) ,
International Code Council, Inc. , is adopted by reterencp,
subject to the changes set forth in Subd. 2, below.
SOOd. 2. For the purposes of this Section .:lnd Section
4-G-+ , the BOCI'" N P~1C IPMC is amended ond re~ioed in the
~
. folloHing re~pect :::; as follows:
(0) Section r~H 0 1 . 1 lS .:lmcnded by inoerting "City
of Hopkin:J" ~ithin the brocket:J.
(b) Section PN106.2 l8 deleted in it:J entirety.
(c) Srction:J [,H 1 0 7 . 1 , 107.2, 107.3 .:lnd 107.4 .:lre
deleted in their entirety.
( d) Section ['PH 1 0 . 1 i:J .:lmended by deleting the
',lord "sholl" in the fir~t line .:lnd in8erting the
',lord "m.:lY".
(e) Section PN 111.0 l:J deleted in it:J entirety.
(f) Section PH301 . 5 i:J omended by deleting the
entire provision ODd in:Jerting the follm;ing
10nguJge in it:J plJce: 7\11 exter lor \,'0110 ~holl
be [ree from holes, breJJc:J, loo:Je or rotting
mJteri.:ll:J; ond ffi.:lintJincd ',,'cJthcrproof Jl1d
properly :JurfJce coo. tcd ,,'here required to prevent
detcriorotion. Ih thou t limiting thc gencr.:llity of
this oection, J protecti TV'C .:Jurfcce of J building
chJll be deemed to bc out of rcpJir if:
(1) The protective .:JurfJce lC p.:lint ',,'hich lC
. bli:Jtercd to In extent of more th.:ln t~enty
. five percent (25%) of th
or ~~ll or other . e ~re~ of ~ny pl~ne
, ~re~ lncltls' '
cornlee members p h 109 '.nndm,' trim
, orc 'E . 1: ' "
such ~re~s; ~l lngs ~nd other
(2) Hore th~n t, 'ent ' '
the finish co~~ f1 f1ve percent (25%) of
tA fl 0 ~ stucco "all '
.roug or ch' "lS worn
lpped ~',:~y.
(9) Section PM304 12 .
tR' . lS ~meRa a
lS order the follo~in d e ,by inserting in
H.:lY 1 October 1 .g .:ltes 1n the br~ckets:
(h) Section PH405 9 .
t' . lS .:lffiene e B
en lre provision ~nd i ' ,e y deleting the
LmguJge in i t:J pi nsertlng the folIO' 'ing
.J.ce' H. , " .
hJbi t.:lble ro . lnlmum Eoom Width .
b om, other than " ] ' o. ~
~ les:] th.J.n oeT,Tn (7) fe ,Cltchen, :JhJll not
dlmension. Kitchen et In .:lny pl.:ln
of not 1 .8 oh.:lll h.:lve .J. cle
e:J:J thJD thirty (30)' .J.r pJ:J:J~gew.J.Y
eounterfront:J ~nd.:l 1 . lnches bet'.:een
w~lls pp l~nces or counterfr t
. . on 8 ~nd
(i) Section PH602 2 '
number II 65" Jnd .' 1:J . Jmended b'y' de letin9 tA
. d lnscrtln~ ~~ ,C
elet ing the number "1 II e ,number "68 II Jnd b '
"lg" 0 and lnsert' '
. 109 the number
(j) Section PM602 22 1 '
tR' . . 18 am a e
1:] order the followin ,en ~ by inserting in
October 1 H.:lY 15 9 dJteo In the brJcket:J:
(Ie) Section PH602 3 '
tR' . 10 JffieAeea B .
lS order the fall ". y In:]erting in
g t o..lng da~ ' '
c ober 1 MJY 15 e:J In the brJcketo:
(1) Section PH702 12 '
entire provioion ;nd ~o Jme~ded by delctin~ the
f 11 ' lnoertln~' '
o mJlng IJnguJge' En In 1 t:] plJce the
13 1 . very :Jle '
e ow the fourth :Jt eplng Feem 10cJted
fl ory or '
ove .:It leJot one 0 b In,.:1 bO:Jement :JhJ11
a pen~ le ":t a
oar .:1pproved f " n o~: or exterio
h or CIDcrqcney r
:] .Jll hJve Jcceo:] t egre:]:] or re:Jcue' or
, e 0 not lcss ~~ '
1n ependent eni t:J . .:1n t',;o Jpproved
(ill) Ch.:lpter 8 R f
B ' e ere need St a
y deleting .J.ll refer In Jrda, is Jffiended
B8GP' enceo ~na 't '
. N.:ltlon.J.l Build' C1 .:ltlono to the
G a 109 Code B8G
o e, BeC}'. N.J.tionJl Pl' b.' !\. HechJnic.:ll
N t' urn 1n~ Gaa
o 10nJl Fire P n' e .:lnd the BOC7'
. f rc,cntlon G e '
urther Jffiended b' 0 e. Ch.:1pter 8 i:J
, Y lnser '
lJngu.J.ge: The BuildiA rtlng thc follo~ing
.g _ode, Hech.:1nicJl Codc
,
. Plumbing Code Jnd Fire PrcvTntion Code
incorporJted J8 pJrt of the BOG\. lJ rt1C 8hJll bc
thc TvTcr8iono of tho8c Codec:; Jdoptcd by reference
in HopkinCJ Ci t'y' Code Section 400.03, Subd. 1 Jnd
Section 100.03, Subd. 2.
Section 101.1 Insert the name "City of Hopkins"
Section 102.3 In the tirst sentence, delete the
terms: "International Building Code,
International Plumbing Code,
International Mechanical Code..." and
replace with "Minnesota State Building
Code" .
And, in the second sentence delete the
term "International Zoning Code" and
insert "Hopkins Zoning Ordinance".
Section 102.7 Revise the paragraph as follows: "The
codes and standards referenced in this
code shall be those that are listed in
ChJpter 8 the Minnesota State Building
Code and considered part of the
~
requirements of this code to the
. prescribed extent of each such
reference. Where differences occur
between provisions of this code and the
rctcrenced CJtJndJrd8, the pro7i8ions of
this code shJll Jpply the Minnesota
State Building Code, the most
restrictive shall apply.
Section 103 Delete sections 103.1, 103.2, 103.3,
and 103.6 in their entirety.
Section 106.2 Delete the term "Section 107" and
insert "Section 355 or Section 405.05
of the Hopkins City Code".
Section 106.3 Delete the term "Section 107" and
insert "Section 355 or Section 405.05
of the Hopkins City Code".
Section 106.4 Delete in its entirety.
Section 107 Delete in its entirety.
.
. Section 108.3 Delete the two references to "Section
107.3" and insert "Section 355 or
Section 405.05 of the Hopkins City
Code" .
Section 109 Delete in its entirely.
Section 110.1 In the first sentence delete the term
"shall" and replace with the term
"may" .
Section 110.2 Delete the term "Section 107" and
insert the term "Section 355 or Section
405.05 of the Hopkins City Code".
Section 201.3 Delete the terms "International
Building Code, International Fire Code,
International Zoning Code... fI and insert
"Minnesota State Building Code,
Minnesota State Fire Code, and the
Hopkins Zoning Ordinance".
Section 202 Amend as follows "Code Official. The
. official who lS charged with the
administration and enforcement of this
code, or any duly authorized
representative. For the purposes of
this Code, the Code Official shall be
the Building Official of the City of
Hopkins."
Section 302.4 Delete in its entirely.
Section 302.7.1 Delete in its entirety_
Section 302.7.2 Delete in its entirety.
Section 302.8 Delete in its entirety.
Section 302.9 Delete in its entirety.
Section 303.3 Delete in its entirety.
Section 303.6 Amend by deleting the entire provision
and inserting the following language:
. "Exterior Walls. All exterior walls
shall be free from holes, brea ks, loose
. or rotting materials; and maintained
weatherproof and properly surface
coated where required to prevent
deterioration. Without limiting the
generality of this section, a
protective surface of a building shall
be deemed to be out of repair if: a)
The protective surface is paint which
lS blistered or peeling to an extent of
more than twenty-five percent (25%) of
the area of any plane or wall or other
area including window trim, cornlce
members, porch railings and other such
areas; b) More than twenty-five percent
(25% ) of the finish coat of a stucco
wall lS worn through or chipped away."
Section 303.14 Amend by inserting the following dates
"May 1" and October 1" and revise the
end of the last sentence as follows:
" ...and every :ill ing ing screen door used
-
for insect control shall have a self-
closing device In good working
. condition."
Section 305 Delete In its entirety. (Note: Covered
by City Code section 605. )
Section 401.3 Delete the term "International Building
Code" and insert the term "Minnesota
State Building Code" .
Section 403.3 Add a second exception as follows:
"For purposes of this section, devices
such as coffee pots, microwave ovens,
hot air popcorn poppers, and similar
appliances shall not be considered as
cooking appliances. Hot plates,
electric fry pans, toasters, slow
cookers, and similar appliances are not
permitted."
Section 404.2 Replace the dimension "3 feet" with
"thirty (30) inches".
. Section 404.4 Delete the current sentence and insert
the following language: "Bedroom and
. Living Room Requirements. Every
bedroom and living room shall comply
with the requirements of Sections
404.4.1 through 404.4.5. "
Section 404.4.1 Delete the current sentence and
insert the following language: "Room
Area. Every living room shall contain
at least 120 square feet and every
bedroom shall contain at least 70
square feet. "
Section 404.5 Delete the section and insert the
following language: "The number of
persons occupying a dwelling unit shall
not create conditions which, in the
opinion of the building official,
endanger the life, health, safety, or
welfare of the occupants".
Table 404.5, Sections 404.5.1 and 404.5.2 Delete In
their entirety.
. Section 502.4 and 502.4.1 Delete in their
entirety.
Section 503.3 Delete In its entirety.
Section 505.1 Delete the term "International Plumbing
Code" and insert the term "Minnesota
State Plumbing Code."
Section 602.2 Amend the first sentence by
deleting the numbers "65" and "18"
and inserting the numbers "68" and
"19" and delete everything after
the phrase "toilet rooms based on"
and insert "a winter outdoor
design temperature of minus 12
degrees Fahrenheit."
Section 602.3 Amend the first sentence by
inserting the following dates In
the brackets: October 1, May 15
and by deleting the numbers "65"
and "18" and inserting the numbers
. "68" and "19".
. Section 602.3 Amend the exception by deleting
the words "the winter outdoor
design temperature for the
locality" and inserting "minus 12
degrees Fahrenheit" and by
deleting the last sentence.
Section 602.4 Amend the first sentence by
inserting the following dates In
the brackets: October 1 May 15
Section 604.2 Amend by deleting the term "ICC
Electrical Code" in the first
sentence and insert "State
Electrical Code".
Section 702.2 Amend by deleting the term
"International Fire Code" and
inserting the term "Minnesota
State Fire Code".
Section 702.3 Amend by deleting the term
"International Building Code" and
inserting the term "Minnesota
State Building Code".
. Section 702.4 Amend by deleting the term
"International Building Code" and
inserting the term "Minnesota
State Building Code".
Section 704.2 Amend by deleting the term
"International Fire Code" and
inserting the term "Minnesota
State Fire Code".
Subd. 3. Where there is any conflict between the
provisions of the BeCl" NPHC IPMC and any other
-
applicable code or ordinance enforced by or in the
City of Hopkins, the more restrictive provisions shall
apply.
Subd. 4 . Nothing In Section 405.07 or in the BDcn NPMC
IPMC hereby adopted shall be construed to affect any
suit or proceeding pending in any court, or clny rights
acquired, or liability incurred, or any cause or
causes of action acquired or existing, under any other
code or ordinance enforced by or in the City of
Hopkins, nor shall any just or legal right or remedy
of any character be lost, impaired or affected by
. Section 405.07.
. 405.03. Definitionn. For thc purposc of thic:; Scction ond
Scction 407, thc follo',,'ing term:::; :Jholl mcon:
Subd. 1. "In:Jpcction" mCJ.nc:; inc:;pection of :::;tructurc:J,
prcmi :JC:J, d',,'clling uni to or property' by thc Codc
Offici'-1l or hi:J dC:Jigncc.
405.05. Compliance. Subd. l. The City Manager shall
designate the Codc Offici.-J.l building official to administer
and to enforce the prOVlSlons of this Chapter. The G-e€le
Officiol building official lS authorized to inspect the
premises on a scheduled basis and/or when reason exists to
believe that a violation of this Chapter has been
committed.
Subd. 2. Whenever the Codc Offici.-J.l building official
determines that a premises- fails to meet any provlslon
of the Boe," NPHC IPMC, the Codc Officiol building
official may lssue a Compliance Order setting forth
the violations and ordering the owner or the owner's
agent or the occupant to correct such violations. The
Compliance Order shall:
(a) Be in writing;
(b) Describe the location and nature of the
. violations of the BOCI\ N PNC IFMC and refer to
-
the specific provisions violated;
(c) Specify a time in which violations must be
corrected;
(d) Set forth the procedures by which to appeal
the Compliance Order;
(e) Be served ln the following manner:
(i) For residential rental premlses, service
shall be sufficient on the owner or the
owner's agent by mailing the notice by first
class mail to the address on file pursuant
to Section 407. Service shall be sufficient
on the occupant of residential rental
premlses if personally served, posted in a
conspicuous place on or about the premises
or mailed to the occupant by first class
mail to the occupant's last known residence;
(ii) For all premlses other than residential
rental, serVlce shall be sufficient on the
occupant if personally served, posted In a
conspicuous place on or about the premises
. or mailed to the occupant by first class
....---..--.-
. mail to the occupant's last known address.
Service shall be sufficient on the owner or
the owner's agent by mailing the notice by
first mail to the address on record with the
County or City tax and/or assessment office
identifying the party responsible for paying
the taxes for the premises.
405.07. l\.ppc.:::Lla. SOOd. 1. }\ny person issued ~ Complionce
Order moy oppeol the Compli~nce Order by filing on oppeol
',,-i th the City Cleric. The ~ppe~l must be in writing ond muot
be filed '.;i th the City Clerk within fourteen (14 ) doyo of
the dote of the CompliJnce Order.
SOOd. 2. The City Council oholl conduct 0 heoring for
eoch ~ppeol with the heoring to be held no loter th~n
the oecond regulJrly oeheduled City Council meeting
following the dote the oppeJl 10 filed, unless the
oppellont ond the City Couneil ogree to 0 loter dote.
Subd. 3. The oppellontr the oppellont's
represento ti ':e, the Code Officiol ond ~ny other person
~J h 0 r S interest:.J ore Jffected by the Complionce Order
oholl be gi7en on opportunity to be heJrd.
. Subd. 4. Compl iJnce ',;i th the CompliJnce Order i:.J
:.Jtoyed pending the Council's decision e2(cept J:.J
pro7ided in Section tj05.09.
SOOd. 5. The City Council :.Jholl render o ~Jritten
opinion no loter thon the third regulJrly :.Jcheduled
City Council meeting follmJing the 1\ppeJl HeJring. JI.
copy of the deci:Jion :JhJII be :Jcrved upon the
I\ppellont in the rn.:::mner set forth 1n Section 105.05,
Subd. 2 (e) .
405.09. Emergency Cases. When the Codc Officiol building
official determines that a violation of this Section
constitutes an imminent peril to life, health, safety or
property and there does not exist sufficient time to follow
the procedures set torth in Section 405.05, the 8-e-Ele
Officiol building official may take appropriate action to
correct the violation by the procedure set forth below.
SOOd. 1. Order by City Manager. The Codc Officiol
building official shall obtain from the City Manager
or the City Manager's designated representative, a
written Administrative Order directing the 8-e-Ele
Officio I building official to correct the emergency
. situation. A good faith eftort shall be made to inform
. the owner, the owner's agent or the occupant that the
action is being taken.
Subd. 2. Notice of the Correction. After the
corrective action has been taken and the costs of such
action have been determined, the Code OfficiJl
building official shall serve the owner, the owner's
agent or the occupant with a notice of the action,
which shall contain the following information:
(a) A description of the emergency circumstances;
(b) The corrective action taken by the City;
(c) The cost incurred in correcting the
emergency;
(d) The City's intent to assess some or all of
the costs against the corrected property, and;
(e) A statement that the owner, the owner's agent
or the occupant may request a hearing with the
City Council to review the Code OfficiJl building
official's actions and the possible assessment of
costs. The request for hearing shall be 1n
writing and submitted to the City Clerk within
fourteen (14) ten (10 ) working days of the date
. of the notice.
Subd. 3. Hearing Date. The City Council ohJll conduct
J hCJring no lJter thJn the third regulJrly oeheduled
City Council mecting foil Q',; i n g the dJte the JppeJl ~:::;
filed. In the event that the owner files a request
for a hearing with the City Clerk, the City Council
shall within three weeks fix a date for a public
hearing.
Subd. 4 . Hearing. The appellant, the appellant's
representative, the Code OfficiJl building official
and any other person who's interests are affected by
the Compliance Order shall be given an opportunity to
be heard.
Subd. 5. Written Opinion. The City Council shall
render a written opinion no later than the third
regularly scheduled City Council meeting following the
Appeal Hearing. The City Council may adopt a
resolution levying an assessment for all or a portion
of the costs incurred in correcting the emergency. A
copy of the decision and the resolution shall be
served upon the Appellant in the manner set forth in
. Section 405.05, Subd. 2 (e) .
. 405.11. Penalties. A person who violates the provisions of
Section 405 or 107 1:] guilty of may be charged with a
misdemeanor or be subject to the issuance of an
administrative citation as provided in section 355. Each
day that a violation continues shall be deemed a separate
offense. The Code Offici~l building official may post the
premises by appropriate slgns or notices prohibiting
occupancy, and may act to cause the premises to be vacated
or remain vacant until the Code violations are corrected.
(Section 405 was amended in its entirety by Ord. #95-763
and Ord. #95-764. Ord. #95-764 created Section 407)
Section 3. The effective date of this ordinance shall be
the date of publication.
First Reading: December 17, 2002
Second Reading: January 7, 2003
Date of Publication: January 16, 2003
Date Ordinance Takes Effect: January 16, 2003
.
Gene Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature Date
.