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CR2002-197 Ord 406 first reading . . . December 13,2002 Council Report No. 2002-197 ORDINANCE AMENDING SECTION 406 OF THE HOPKINS CITY CODE Proposed Action. Staff recommends that the Council approve the following motion: Move to approve Ordinance 2002-889 for first reading. Overview. Ordinance No. 2002-889 revises various pOltions of Section 406 - Tmth In Housing. In addition to editorial changes and relocation of sections for clarity, there are a number of more substantive changes that include: . A number of new definitions are added. . The ordinance has been reorganized to group like regulations. . A process for suspension or revocation of evaluator's licenses has been added. . Items requiring mandatory correction have been clarified. . Process has been added to address failure of the seller have a tmth-in-housing evaluation completed. . Primary Issues to consider. . Less potential for confusion and less discretion needed to conduct inspections. . Potential for revocation of evaluators' ] icenses. . Remedies for failure to comply Supporting Documents. . Analysis of the Issues . Ordinance 2002-889 ~'{G' . " '1z~L 'eL--f'-r.-L ~-.--..... Rick Davidson "- Building Official Financial Impact: $ Bud geted: YIN Source: - Related Documents (CIP, ERP, etc.): Notes: . . CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE 2002-889 AN ORDINANCE AMENDING SECTION 406 OF THE HOPKINS CITY CODE The City Council of the City of Hopkins does hereby ordain: Section l. The Hopkins City Code, Section 406 Truth In Housing, is hereby amended to read as follows: Section 406 - Truth in Housing 406.01. Purpose. For the benefit of the corrununity, the City of Hopkins has deemed it necessary and appropriate to maintain, preserve and improve residential housing by providing an orderly and effective way to insure compliance with housing codes and provide an inspection system applicable to increased concerns for the health, safety and protection of its citizens. 406.03. Definitions. Subdivision 1. For the purpose of this chapter, the following terms shall mean: . SOOd. 2. ~Building Official" shall be the building official of the City of Hopkins or his authorized desiqnee. SOOd. 3. "Buyer" is a person who acqulres real estate by means other than descent or inheritance and usually for money or the equivalent. Subd. -2-4. "Certified Evaluator" means an individual who holds a current Certified Evaluator Certificate as issued by the City of Hopkins ;)nd h;):J pro'v'ed competency by hO'v'ing 0 current ;)nd uncEpired certificote of compctcncy J:J i:J:Jued by the City of Hinneopoli:J or the City of St. rJul, Jnd ',:ho hJ:J J current in:JurJncc eertifieJte in force J:J required in :Jcction 106.05, Subd. 8, Jnd hJ:J pJid the required fee J:J e:JtJbli:Jhed by re:Jolution from time to time by the City Council. SOOd. S ~Condominium" means a dwelling unit in a building containing two or more dwelling units that is separately owned and may be combined with an undivided interest in the common areas and facilities of the property. Each individual owner may sell or encumber . his/her own unit. . Council Report 2002-197 Page 2 Analysis of the Issues Less potential for confusion and less discretion needed to conduct inspections. . The ordinance has been reorganized to group like regulations. For example, all of the information required on the report is included in one section rather than in differing sections in the ordinance. . Evaluators have stated that the current list of hazardous items that must be corrected prior to a sale is confusing and unclear. These items have been clarified and grouped to provide better guidance for the evaluator. A set of formal guidelines is also being prepared based on this revision to further aid evaluators, homeowners, and staff. The result should be better consistency between evaluators. Potential for revocation of evaluators' licenses . A process for suspension or revocation of an evaluator's license has been added. CUlTently there is no way to address a si tuation where an evaluator is guilty of misconduct or incompetence. Rules addressing specific conditions considered unacceptable have been added along with an appeal process for the evaluator. . Remedies for failure to comply . A process has been added to address failure of the seller to have a tmth-in-housing evaluation completed. Occasionally, a home gets sold without the seller completing the truth-in-housing process. Because the seller often moves out of the area making enforcement impractical, this modification provides a means for the new buyer to receive some notification of any potential hazards. Alternatives 1. Approve the Ordinance 2002-889 for first reading. 2. Do not approve Ordinance 2002-889 for first reading. Staff recommends Alternative # 1. . . Subd. 36. "Dwelling unit" means a single f.:lmily, - private, independent living space or quarters consisting of at least facilities for bathing, food preparation and consumptionL sleeping, and other related purposes and also includes any accessory structures In connection therewith. 8ubd. 4. "F.:lmily" mC.:ln8 on indi TvTidu.:ll or t',,'o (2 ) or more pcr8on:J rcl.:ltcd by blood, mJrri.:lgc, odoption, or f08tcr COTC, or 0 group of not morc thon four pcr:Jon:J not 80 rcl.:lted mointoining J common hou:Jchold ond u:Jing corrnnon cooking :JonitJry Jnd 8.:lnit.:lry focilitic:J. Subd. €,7. "Owner" or "pcr:Jon" means a person who owns - occupies or operates by deed or other instrument of conveyance any premises; the term includes a person employed for the purpose of selling or otherwise conveying or managing such premises, including a guardian, administrator, executor, trustee or other agency acting for the owner; the term includes a person or committee supervising, policing or maintaining any cooperative or other corrnnon building area, dwelling units, or any condominium unit owners association. . Subd. -68. "Purchase agreement" means an agreement - deed, contract for deed or any other instrument of transfer or conveyance of a residential or COTIUllcrciol - premise-s-; the term does not include the transfer of a document made solely for perfecting title. Subd. ~9. "Time of Sale". The time when a written - purchase agreement is executed by the buyer, or, in the absence of a purchase agreement, prior to the execution of any document providing for the conveyance of J :Jinglc, t',:o f.:lmily, thrcc, four f.:lmily d',,'Clling any condominium or townhouse or any building containing one, two, three, or four dwelling units. Subd. 10. Townhouse: A dwelling unit constructed In a group of dwelling units attached to each other and where each dwelling unit extends from the foundation to the roof and lS separated from other dwelling units by property lines. Subd. Sll. "Truth-in-Housing and Zoning Disclosure - Report. " The ',: r i t t c n Jnd :Jigncd eV.:llu.:ltion by J ccrtificd cvoluJtor, mode on .:l form dC:Jcribcd in Section 406.05, Subd. 7, rcprc:Jenting to the JctuJl . buycr of thc d',:clling cv'JluJted th.:lt :J.:lid pcr:Jon hO:J utilizcd thc CJre o.nd diligencc rC.:l:Jono.blc .:lnd . ordinory for onc meeting the eodc of cthic::J ond proccdurJl guidclinc::J for C'v'O 1 uotor::J J:J c::Jtobli:Jhed by thc city, ond hoo found no in:Jtonce::J of noncompliJnce ',nth thc item::J eontoined un ::Joid form O:J of the dJte thereon cxeept O::J ::Jpecificolly dC:Jignotcd thereon report meeting the requirements of Section 406.05, Subd. 2. SOOd. 9. "Truth in Houoing Zoning Report". The ',Jri tten ond signcd zonlng c~oluotion by the City Zoning ndmini::Jtrotor mode on 0 form contoining the zoning inforrnotion required In Scction 406.05, Subd. 7. SOOd. 10. "Re:Jidcntiol prcmi:Jc::J" rneJn::J ony building:J ond ony Jncillory :Jtructure:::; in connection there',,'i th intended or uoed for rcsidentiol purpo:Jeo including ::Jinglc or t',JO fomily d',Jelling::J , condomini umo, multiple rC:Jidentiol d',,'elling:J, coopero ti "vTe rC:JidentiJl unit::J. SOOd. 11. "Single or T',,' 0 FJmily d',,'ell ing" meon:J Jny building contJining one or t',JO d',,'elling unit:J, regordle:J:J of ',,'hethcr they Jre o \J n e r or NonO',;ner occupied. 406.05. Truth in h~ousing and Zoning egisclosure Report. . Subdivision 1. Required. No o',,'ner or ogc::nt of the O',;ne r :.JhJll Dell by eowv'eyonce or contLJ.ct for con'v'cYJnce 0 ::Jinglc fomily, t',JO fJmily, thrce or four fJmil:! d',;clling, including condominium::J Jnd to',,'nhou::Jc:.J , \Ji thin the city \J i tho u t pro'v'iding to the buyer, prlor to the time of 8ole, 0 Truth In Houoing Zoning Report J:J dC::Jeribcd In Section 406.03, Subd. ') ,:m d 0 Truth In Houoing Di:Jclo::Jure Rcport JS dC::Jcribcd in Scction 406.03, Subd. 8 reloting to :Joid d',,'clling or prcffil:Jc:J, issucd \Ji thin onc (1) yCJr preceding thc timc of :Jolc. No owner, agent of the owner, or person licensed by the State of Minnesota to sell real estate shall offer for sale, exhibit, show, or sell by conveyance or contract for conveyance any condominium or townhouse or any building containing one, two, three or four dwelling units within the City without providing to any potential buyer, prior to the time of sale, an original or exact copy of a Truth-in~ Housing and Zoning Disclosure Report for the dwelling unit or units offered for sale. The Truth-in-Housing and Zoning Disclosure Report shall be made available for inspection at the premise at all times that the premise is being offered for sale. The Report shall have been issued within one (1) year preceding the time of sale. . . Subd. 2. Owner dioclO3ure. The Truth in Hou:Jing Dioclooure Report, :Jholl contoin 0 :Jtotement :Jigncd by - the owner ocknowledging (0) ony domoge to thc d',,'clling or it:J content:J by flooding,~ (b) .J.ny :JC'.Jcr b.J.ckup or .J.ny C7idencc of chronic ',:.J.ter :Jeepogc; (c) .J.ny .J.b.J.ndoned, unu:Jed, or uncupped well:J; or (d) ony di:Jchorge of :Jtorm\Jotcr, groundwoter, roof runoff, yurd dro.in.J.ge, foundo.tion druin:J, or :Jump pumpo into the :J.J.ni to.r'{ oe',,'cr. Thc Truth in Hou:Jing Diocloourc Report i:J not deemcd 7o.lid ',Jithout the .J.foremcntioned :Jigned :Jt.:1tement. Further r no mmer or o.gent of the mJner :Jh.:1ll :Jcll :Jueh d',,'ell ing '.:i thout pro';iding to thc buyer u :Jtutement of the n.:1turer C}{tcnt und C.J.UGC of uny ',,'u ter :Jeep.:1ge or flooding of o.ny portion of the property ',:i thin the Jmo',,'lcdge of the o',,'ner. Subd. 2. The Truth-in-Housing and Zoning Disclosure Report and Inspection. A certified evaluator shall conduct an inspection and prepare a Truth-in-Housing and Zoning Disclosure Report for each dwelling unit offered for sale. The Report shall be on forms provided by the City. The forms shall provide information concerning code requirements applicable to . existing condominiums or townhouses or any building containing one, two, three or four dwelling units and the disclosures referenced in this section. In conducting the inspection and preparing the report, the certified evaluator shall utilize care and diligence, abide by the Code of Ethicsr and follow the City of Hopkins Truth-In-Housing Evaluators Guidelines for certified evaluators established and issued by the City. It shall be assumed that any concealed facilities and installations that are not viewed are adequate, based on the functional operations of the facilities and installations and the condition of the equipment that is viewed. For each area of the dwelling evaluated, the certified evaluator shall categorize the condition of the area as one of the following: 1. Meets city requirements. 2. Below city requirements. 3. Repair/replace 4. Not applicable Items categorized as Repair/replace shall be deemed to . pose an immediate danger to the health and safety of the occupant. . The form shall include the following signed disclosures by the evaluator: 1. Whether or not there are housing orders pending on the property issued by the Inspections Division. 2. If the current use is conforming or nonconforming in accordance with the City Zoning Ordinance. Nonconforming uses must be verified in writing by the city zon1ng administrator. 3. The dwellings homestead classification 1n regard to real estate taxes payable. The form shall include the following signed disclosures by the owner acknowledging: 1. Any damage to the dwelling or its contents by flooding. 2. Any sewer backup or any evidence of chronic water seepage. 3. Any abandoned, unused, or uncapped wells. 4. Any discharge of storm water, groundwater, roof .' runoff, yard drainage, foundation drains, or sump pumps into the sanitary sewer. No Truth-in-Housing and Zoning Disclosure Report shall be deemed valid without the aforementioned disclosures. Further, no owner or agent of the owner shall sell such dwelling unit without providing to the buyer a statement of the nature, extent and cause of any water seepage or floodinq of any portion of the property within the knowledge of the uwner. The Truth-in-Housing and Zoning Disclosure Report shall be legible, be printed 1n ink or by other permanent means, and be signed by the evaluator. Any report revised by a certified evaluator shall be identified as such and be submitted to the owner, the owner's agent, the real estate agent hired by the owne r , and the city within one business day of reV1S1on. The inspection and report are not intended to be a warranty and no warranty 1S expressed or implied. Nothing in said report shall indicate, or shall be deemed to indicate, that said dwelling unit meets all . minimum housing standards. . Subd. 3. Resale of dwellings. A new truth 1n hou:Jing di:Jclo:JUrc report Truth 1n Housing and Zoning Disclosure Report shall be required for each change of ownership or time of sale. Subd. 4. hvailability of Documcnto. No pec:wn licen:Jcd by the St.:J.te of Hinnc:JotJ to :Jell reJl e:Jt.:J.te ohJll offer for :JJle by ei:hibi ting or :Jhm,'ing Jny one, t',:o, three or four fJmily d',:elling, condominium or to',;nhouoe, ',Ji thin the Ci t 't' \Ji thout fir:Jt h.:J.ving obtJined thc document:J J:J :Jct out in Section 406.05, Subd. l. Thc report .:J.:J :Jct out in Section 406.05, Subd. 1, :JhJll be m.:J.de JVJilJble for inopection .:J.t the preffi1:Jeo for ~hich they pcrtJin Jt .:J.ll timc:J th.:J.t :Juch dHclling i:J being offered for :J.:J.lc. Subd. -5-4. Exemptions. Thc pro': i:J ion:J of the Ch.:J.pter - :Jh.:J.ll not .:J.pply to the :J;:)lc or cOO'vTeYJnce of .:J.ny :Jingle f.:J.mily, t'.;o fJmily, three fJrnily, or four fJmily d\.'clling to ;:) public body nor to .:J.ny nc,"'ly con:Jtructed d'.:ell ing ',:hen title 1:J trJn:Jferred to the fir:Jt o',:ner or for one YCJr from thc dJtc of the fin.:J.l ccrtificJtc of in:Jpection or certificJte of occupJncy. The provisions of this chapter shall not apply to the . sale or conveyance of any condominium or townhouse or any building containing one, two, three, or four dwelling units: 1. To a federal, state, or local governmental unit. 2. When title 1S transferred to the first owner following construction. 3. For one year from the date of the final certificate of inspection or certificate of occupancy of a newly constructed condominium, townhouse or any building or structure containing one, two, three, or four dwelling units. 4. From an owner to a relative. For purposes of this exception, relative shall be defined as a husband, wife, father, mother, son, daughter, brother, sister, grandson, granddaughter, grandfather, or grandmother. Subd. 6. Forma. Thc city :Jh.:J.ll prcpore or Juthorize thc U:JC of form or form:J .:J.:J it m.:J.Y deem .:J.ppropri.:J.tc to con:Jtitutc J di:JclO:Jure under :Jection 406.05. The form :Jh.:J.ll providc informotion concerning codc requircment:J . .:J.pplic.:J.ble to c:(i:Jting :Jingle, t'vv'O fomily, thrce fJmily, four fJmily d',,'elling:J , condominium:J ond . tm.nhou:Jc:J ~,'hich, ~,'hen not complied ',lith, eon:JU t ute Ll mJ.jor :Jtructurol defect or .:1n immcdiote donger to thc heo.lth ond :Jofety of the oecup;:mt-. The informoticm pro7ided sholl indicote ',,'hether the condition meets City requircments, is below City requirements, or i:J deemed to be ho.zordous Llt the time o.nd dotc of the eTyToluotion. In ffioking the eTJoluotion, it sholl be ossumed tnot .:1ny conccoled focilitics .:1nd insto.llo.tions thJt o.re not vich'ed Jre Jdequote, bJ:Jed on the functionol operJlioDO of thc fo.cilitie:J o.nd in.stc.llc.tion.s ODd the condition of the equipment tho.t is TJieHcd. No 1,{Orronty is cEpre:J:Jed or implied. In completing thc form, the CJo] uotor sho.ll be governcd by o.nd foIl Q',J the code of cthic] Jnd guidelines of procedure for c'yTo.luo.tor:J 0.:J Jmcndcd f:com timc to time by the City Council. The form sholl olso include the signcd sto.tcment by thc mmcr or ogent of thc o',,'ner o.S to ',:hether or not there Jre housing orders pending rego.rding the property issued by the Deportment of Inspections, City of Hopkins. The form shJll o.lso include 0. determinotion ~hether the prescnt oeeupo.ncy lS conforming or . nonconforming, o.nd shJll o.lso shO'v; the pre:Jent zoning of the dl.Je lling . If nonconforming oceupJney is clJimed, such nonconforming U:JC sholl be verified by the City Zoning ~dministrotor in ',;ri ting. The form shJll o.lso require disclosure by the mmcr of the d~elling's homesteod clo.s:Jificotion In rcgo.rd to reo.I eDto.te tJxe:J poyo.ble. The owner :Jho.ll provide 0. copy of such written vcrificJtion to the buyer prior to the closing or finolizotion of tro.nsfer of mmcrship ur the buyer'::; signing of o.n; contro.et for deed. Nothing in So.id report ::;holl indicJte, or oh.:111 be deemed to indico.te, tho.t Do.id d',;ell ing meets 0.11 mini m~lm housing otJndo.rds. SOOd. '+5. Certified Evaluator Certificate. No - Certified Evaluator Certificate shall be issued or renewed by the City of Hopkins without application on the approved form and proof that the applicant has a current unexpired certificate of competency a~ issued by the City of Minneapolis or the City of St. Paul. The applicant shall also show proof of general liability insurance insuring the applicant with a minimum limit of liability of two hundred fifty . thousand dollars ($2S0,000) general aggregate and per occurrence and errors and omissions insurance with a . minimum limit of liability of two hundred fifty thousand dollars ($250,000) which may include a deductible not exceeding five thousand dollars ($5,000) and the certified evaluator shall maintain lnsurance continuously in furce thereafter and no Certified Evaluator Certiticate shall be deemed to be in effect when such insurance 1S not in effect. The city shall be included as a named insured on the insurance required herein at the expense of the certified evaluator. The certified evaluator shall furnish the city with a certificate of insurance which meets the city requirements. The applicant shall also pay the fee as set forth by City Council Resolution. No certified evaluator shall allow their Certified Evaluator Certificate to be used by another person. No person shall fill out a Truth~in-Housing and Zoning Disclosure Report on the form preJcribcd in Section 406.05, Subd. 7 of thiJ chopter to be uoed 00 J diocloourc document Cl.:J :Jct out 1n Section 106.05, Subd. 1 without first obtaining and maintaining a Certified Evaluator Certificdte from the city as provided for in this chapter. . Subd. -8-6. FeeD for ccrt~f~cate3 and renewalo. Renewal - of Certified Evaluator Certificates. Thc holder of 0 CcrtificClte of Competency Clnd proof of inJurClnce 0.0 ::Jct forth in thio chClptcr :JhJll, up all pClymcnt of In i:.lDnuCll fee <:.to eotJbliohcd by rC::Jolution from time to time by the City Council, hCl.'Je :::3<:1id ecrtific<:1te rene',Jcd for the enouing 'y'cJr. II. holder of J ccrtifiCJte o h<:.t 1 1 not JllO',,' OJid certificJte to be uoed by Jnothcr pcroon. Certified Evaluator Certificates expire on December 31 st of each year and must be renewed on an annual basis. A renewal application provided by the City shall be submitted each year prior to the renewal date and shall include a renewal fee as established by resolution of the City Council. Subd 7 Suspension or Revocation of Certified Evaluator Certificates. Any certitied evaluator's certificate issued or proposed to be issued under this chapter may be denied, revoked, suspended, cancelled or not renewed by an administrative decision by the building official if the applicant or evaluator: 1. Is convicted of any crime related to the licensed . occupation, pursuant to Minnesota Statutes, Section 364.03, Subd. 2, and has not shown . competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of the licensed occupation, pursuant to Minnesota Statutes, Section 364.03, Subd. 3. 2. In the application process for issuance or renewal of a license knowingly falsifies, conceals, misrepresents or misstates any material fact or matter bearing upon the holder's eligibility or competency. 3. Obtains, attempts to obtain, or assists another in obtaining or attempting to obtain an evaluator's license through fraudulent or other improper means. 4. Fails to provide satisfactory proof of insurance insuring the applicant/evaluator and the city or allows such insurance to lapse. 5. Fails to pay the required fees. 6. Fails to promptly file any disclosure report. 7. Has been the subject of substantiated complaints from residents using the applicant's evaluations . services. 8. Has demonstrated incompetence or inefficiency in conducting evaluations. 9. Violates any of the provisions of this chapter or any conditions provided for 1n the license issued pursuant to this chapter. 10. Fails to abide by the code of ethics. II. For just cause. If the building official determines that a certified evaluator's certificate should be denied, suspended, revoked, canceled or not renewed under this section, the building official shall send the applicant or evaluator a notice of the denial, suspension, revocation, cancellation or non-renewal. 1. The notice shall state the proposed action to be taken and a summary statement of the reason or reasons that such action is recommended. 2. The notice shall state that the proposed action will become final unless the applicant or . evaluator files an appeal pursuant to section 406.05, subd. 8. . Subd. 8 _ Appeals, Procedures. Any applicant for a certified evaluators certificate or any certified evaluator aggrieved by any administrative decision of the building official in accepting or rejecting any application for a certified evaluator's certificate, in determination of whether the evaluator lS qualified, or in the denial, revocation, suspension, or non-renewal of a certified evaluator's certificate may make an appeal to the City Council. The City Council may modify, sustain, or quash all or any portion of any order, interpretation, requirement, decision, or other determination made by the building official related to a certified evaluators certificate. The Council may not grant exceptions to the code or act on other unrelated appeals. A record of the meetings shall be kept which shall include a record of votes, findings, decisions, and official actions. Appeals must be in writing, must specifically address the matter being appealed, must be filed with the Inspection Division within 30 days of the decision of the building official and be accompanied by a fee in . the amount of one hundred dollars ($100.00) . Written notice of the time and place of the hearing shall be given at least ten (10 ) days prior to the date of the hearing to the appellant by mail, addressed to the appellant at the appellant's address shown on the appeal. The City Council shall hear the appeal and render its decision within forty-five (45 ) days of the filing of the appeal. Subd. 9. Hearings and Decisions. All hearings before the City Council shall be open to the public. A record shall be kept of all proceedings. The City Council may make specific findings and/or conclusions in connection with any decision upon any appeal. All decisions of the City Council shall become final when notice is communicated to the appellant in writing and shall become effective and enforceable at such time or at such alternative time as specified in the decision. Subd. -910. City employees not to be certified. No - employee of the City shall be certified under this Chapter. SOOd. -l-G II. Residency or mailing requirements. Any . person certified under this Chapter shall cause to - - . keep registered with the city, his current residency, or mailing address and telephone number. Subd. -l--l-12. Report filing and filing fees. Each Truth in Hou~ing Certified Evaluator shall submit to the city houoing inopector rin exact duplicate or copy of each Truth-in-Housing and Zoning Disclosure Report within ten (10) days after the evaluation inspection has been made. The e)(~ct duplicote or copy required b:i thi:J :Jection :Jh~ll be of the finol report, either type ',:ri tten or legibly printed in ink, 00 furni:Jhed to the Geller. A filing fee as established by resolution from time to time by the City Council, shall be required with accompany each evaluation report Be submitted to the in:Jpector. When o::tid Truth in Houoing Di~clO:::iUre Heport io not filed, or the required filing fee therefore io not p~id, ',:i thin the ten (10) d~y time limit :Jet forth In thio :Jection, then the fee for ouch filing of the required report oh~ll be doubled. Further, f::tilure to comply with the provi:Jiono of thio :Jection within the ofore:Joid time limitotiono m::ty be JUGt c::tU:Je for the to revoke the Certificotion of the eTv'oluotor. . When a Truth-in-Housinq and Zoning Disclosure Report is not filed with the City within ten (10 ) days of the evaluation inspection, it shall become null and void. Subd. ~13. Mandatory correction of hazardouD repair/replace items. The following items wfieR diocovered by the eVCllu~tor shall be identified by the certified evaluator as HJzClrdou:J Repair/Replace and li:Jted be marked as such in the Truth-in-Housing and Zoning Disclosure report. 1. Coo piping remoining ::tfter the dioconnection of on Clppli~nce th~t h::t~ not been properly plugged or copped. 2. vJo ter he~ tero ond furnClce:J in ;} tight, confined :Jpoce th~t ore not pro"v"ided ',:i th proper combuotion oir by on opening or openingo in the enclo:Jure. The open orco of thc combu:Jtion oir intoke oholl not be ony leGo them the orco of the corrnnon flue or flue:J of the oppli::tnceo within the enclo:::;ure. 3. Woter heOotero Oond hot woter boilero . 'v:i thout Oon oper~blc preooure or tcmperoture relicf TV' 0 1 Tv'e, or ',:hcrc the . droin piping for thi:J 'v' 0 1 ve i:J either undcr:Jized, or not cxtendcd to ',:i thin 18" of the floor." 4. Co:1:J fired o:1pplio:1ncco, ',Jo:1tcr hCo:1ter:J, ond furno:1cc:J not provided ~ith 0 droft hood (di 'v'crtcr) or \Jhich orc C)(hibi ting bock :JpilL1ge of product:J of combu:Jtion ot the droft hood. S. }\ny free :Jtonding :Jpoce heotcr:J locoted In bcdroom:J or bJthrooffi:J Hhich tokc their combu:Jtion oir from the room in ',:hieh thcy ore lOCJted. 6. lmy heo ting plont, ',JJtcr he.::lter or other fuel burning equipment thot hO:J mi:J:Jing or vi:Ju.::llly defecti'vT rcquired :Jofcty control:J. 7 . 1\ 'v'ent :JY:Jtem for .::lny fuel burning opplionce thJt hJ:J rU8t hole:J, or open joint8. 8. I'" vcnt :JY:Jtcm or fuel burning :lppliJnee thJt vi:Juolly doe:J not ho'v'c :Jufficieot . cle.::lrJoee to eombu:Jtiblco :Juch thJt In the opinion of the cvolU:ltor :In irruninent fire hozo:1rd exiot:J. 9. l\n'y' room bcing uocd for oleeping purpooeo thot doeo not h:l'vT :In :lpproTvTed emergency egre:J:.J door or',: indo',,' eEcept oleeping room:.J legoll'y' con:Jtructed ~ithout them. 10. L:lck of or inoperJble Icitchen :Jink, ',,':ltcr clo8et, LJ.vJtory, b:lthtub or ohO'.:er. 11- Lock of omoke detector:J .::l:.J required by Stote Lo',: . Bottcry po~crcd detector~ moy be u.:Jed. 12. l\ny othcr condition ',:here In the opinion of thc c:ol U:ltor .::l di:Jtinct , . "- lifc thrcotening hJzord to the lmmlncn.... occupont:J of the .:Jtructurc cxi:Jt:J. 1- Leaking gas lines or gas appliance connections that are not properly capped. 2 . Electrical systems where any of the following occur: . a. Over-fusing of circuits. b. Bare, exposed, or uninsulated wiring. . c. Electrical wiring or fixtures that pose a shock hazard. d. Use of materials for permanent wiring that were not intended or designed for such use. ~ 3. Plumbing systems where any of the following occur: a. Lack of or inoperable kitchen sink, water closet, lavatory or bathtub or shower including lack of or insufficient hot and/or cold running water. b. Fixtures, waste or vent piping, or traps that permit the introduction of sewage or sewer gas into the dwelling. c. Water supply lines serving lawn irrigation systems, boilers, or other fixtures or equipment where back flow prevention is required but that are not provided with a backflow preventer. 4. Water heaters, hot water boilers, furnaces, or other fuel burninq equipment where any of the following occur: a. Lack of or inoperable pressure/temperature . relief valve on water heaters or boilers. b. Relief drain piping that is undersized, does not extend to within 18 inches of the floor, or lS plugged or capped. c. Fue 1 burning appliances that are located in a tight, confined space and are not provided with proper combustion air by an openlng or openings in the enclosure. The open area of the combustion alr intake shall not be less than the area of the corrunon flue or flues of the appliances within the enclosure. d. Gas fired appliances, water heaters, and furnaces not provided with a vent when required by the appliance listing or not provided with a draft hood (di verter) , that are exhibiting back spillage of products of combustion at the draft hood, or that show signs of leakage or cracks in the combustion chamber. e. A chimney or vent system for any fuel burning appliance that lacks sufficient . clearance to combustible materials; has rust holes, open -joints, or an improper . . pitch; lacks proper supports; 1S not properly sealed to the chimney; or because of deterioration poses a fire or irrnninent health risk. f. Any fuel burning freestanding space heaters located in bedrooms or bathrooms, which take their combustion air from the room in which they are located. g. Any heating plant, water heater or other fuel burning equipment that has missing or visually defective required safety controls (e.g. cutoff switch, PRV, etc.) . 5. Lack of, improperly installed, or inoperable smoke detectors as required by State Law. Battery powered detectors may be used. 6. Any room or structure where any of the following exist: a. Unsanitary conditions or an accumulation of clutter to the extent that constitutes a fire or health hazard to the occupants or to the public. b. Vermin or rodent infestations. c. Broken or jagged panes of glass. . 7 . Foundat ions, walls, ceilings, roofs, chimneys, or any other structural member exhibiting structural damage or deterioration such that failure or collapse of the member 1S irrnninent. 8. Dwelling units, rooms within dwelling units, or portions of buildings serving dwelling units that lack exiting that was required at the time of construction or remodeling of the dwelling unit, room, or building or where exiting 1S not properly maintained. 9. Any other condition where in the opinion of the certitied evaluator a distinct irrnninent life threatening hazard to the occupants of the structure exists. Itcm~ mJrkcd J~ hJzJrdou~ by thc ccrtified cTvTJluJtor ~hJll be corrected promptly by the O',Jner. The owner shall promptly correct all items marked as repair/replace by the certified evaluator. The owner shall obtain all necessary permits from the city building in:Jpector and the . prem1ses shall be subject to inspection by the building ofticial pr10r to sale and occupancy of -- --.- .. . the dwelling. If there are no items marked as repair/replace or when all items marked repair/replace have been corrected and inspected by the building official, the city will lssue a certificate that will serve as proof of compliance with this section. The buyer, designated in a Purchase Agreement, may elect to m.:.llcc thc corrcction8 nccc88it.:.ltcd by thc report of the c~.:.llu.:.ltor correct the items marked as repair/replace in the Truth-in-Housing and Zoning Disclosure Report. Such corrections may be undertaken by a buyer only upon the written consent of the City Hou8ing In8pcctor building official and subject to such terms and conditions as may be required by the In8pcction Dcp.:.lrtment building official. Such terms shall include but are not limited to a signed agreement on behalf of the City from the buyer accepting the responsibility of correction of the ho.zo.rdouo repair/replace items, reasonable completion dates acceptable to the In8pcction Dcp.:.lrtment City and financial evidence of ability to . perform the corrections, but in either event, the property shall remain unoccupied until such violations are corrected and .:.In in:Jpcction conducted approved by the hou:Jing in:Jpector building official. 406.07. Certificates: reports: truth in housing reports and filings. Reports, certificates, and filings shall be kept in the Inspections office Office of the hou:Jing in:Jpcctor. A copy may be furnished to the owner or other authorized person upon request. 406.09. Appeals of Truth-In-Housing and Zoning Disclosure Reports. ^ pcr:Jon An owner or buyer aggrieved by a truth in hou:Jinq di:Jclo8urc rcport Truth-in-Housing and Zoninq Disclosure Report may appeal from the action of the certified evaluator to the B~uilding Gofficial who shall make a ruling on the appeal. Deci:Jiono of the Building OffieiJl m.:.lj/ be .:.lppeJled to .:.In Jppc.:.l18 bO.:.lrd, o.ppointed by the council .:.lnd con:Ji8ting at three membcr8 of the city council. The dcci8ion Jnd order of the JppeJl:J bOJrd 8h.:.lll be binding on Jll pJrtic:J. 406.10. Failure to Comply. If an owner or an agent for the owner sells by conveyance or contract for conveyance any dwelling regulated by this section without complying with . all of the requirements of this section, after notice to the offending owner the City may contract with a certified . , . evaluator to have the evaluation done and the costs for the evaluation billed to the offending owner. The offending owner shall mean the owner selling the property without benefit of a Truth-In-Housing and Zoning Disclosure Report. Any repair/replace items identified by the Truth In Housing and Zoning Disclosure Report shall become a civil matter between the buyer and the seller. 406.11. Penalties. A person who violates any of the terms of this code or who fails to comply with any order issued by the housing inspector pursuant to this code 18 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 the owner fails to comply with any such order shall constitute a separate offense. The inspector may post the premises by appropriate signs or notices prohibiting occupancy and may, by appropriate action, cause the premises to be and remain vacant until such code violations are remedied and an approval certificate is issued. 406.13. Warranty Disclaimer on behalf of the city. By enacting and undertaking to enforce this section, neither the City nor its council, agents or employees warrant or guarantee the safety, fitness or suitability of any . dwelling in the city, and any representation to the contrary by any person is a misdemeanor. Purchasers or occupants should take whatever steps they deem appropriate to protect their interests, health, safety and welfare prior to purchase or occupancy of the dwelling. (Added Ord. No. 92-705) 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 Dnte Ordinance Takes Effect: January 16, 2003 . Gene Maxwell, Mayor < ~ . ATTEST: Terry Obermaier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date . .