Memo - 2nd Reading of Ordinance 2002-886 Inspection Division
__ City ofHopkit;!J
Inspections Division
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Memorandum
From:
Mayor Eugene J. Maxwell and Members of the City Council
Rick Davidson, Building Official -20
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To:
Re:
January 4, 2003
Second Reading of Ordinance 2002-888
Date:
Staff recommends that the City Council approve the following motion: Move that the
Hopkins City Council approve Ordinance 2002-888 for second readinq, approve
Summary Ordinance 2002-888. and order Summary Ordinance 2002-888 published.
This is the second reading of an ordinance that amends Section 405 of the Hopkins
City Code. There have been no changes made since the first reading.
A copy of the summary ordinance is attached.
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CITY OF HOPKINS
COUNTY OF HENNEPIN
SUMMARY OF
ORDINANCE NO. 2002-888
AN ORDINANCE REVISING VARIOUS SECTIONS OF THE CITY
CODE RELATED TO THE PROPERTY MAINTENANCE CODE
The following is a summary of the major revisions of the ordinance:
Chapter 405 Property Maintenance Code
. 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.
A printed copy of the entire ordinance is available from the City Clerk and at the
Hopkins library.
First Reading of Ordinance 2002-888
Second Reading of Ordinance 2002-888
Publication of Summary Ordinance 2002-888
Effective Date of Ordinance 2002-888
December 17, 2002
January 7, 2003
January 16, 2003
January 16, 2003
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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:
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Section 405 - Property Maintenance Code
405.01. International Property Maintenance Code Adopted.
Subd. 1. The No.tion.:ll Property Hclinten;::!nce Code ("NPHC"),
1993 Edition, International Property Maintenance Code
(IPMC), 2000 Edition, published by the Building OfficiJl~
wnd Code }\dminiJtr:J.tor~ Interno.tion:J.l, Inc. ("BOCl\"),
International Code Council, Inc., is adopted by reference,
subject to the changes set forth in Subd. 2, below.
Subd. 2. For the purposes of this Section wnd Section
4-G-+, the Bocr" NPBC IPMC is amended :J.nd revi8ed in the
following re8pecto as follows:
(;::!) Scction pr1l0l.l i~ o.mended by in8erting "City
of Hopkin::>" ,d thin the brClcket8.
(b) Section PNI06.2 1.::! deleted in its entirety.
(e) Section::! PHI07.1, 107.2, 107.3 :J.nd 107.4 ~re
deleted in their entirety.
(d) Section P~1l10.1 i8 o.mended by deleting the
;wrd "8ho.lll1 in the fir~t line ;::!nd inserting the
;Jord "m;J.Y".
(e) Section PH 111.0 is deleted in it::! entirety.
(f) Section PN301.5 is Jmended by delcting the
entire provision Clnd inserting the following
13ngu~ge in its p13ce: ~ll extcrior w;::!lls sh~ll
be free from hole::!, brcClk8, 1008c or rotting
mQteriQla; Qnd ffiQint3ined wcotherproof Qnd
properly ::>c.rfClee COQtcd ldhcre required to prevent
dcteriorQtion. Without limiting the gcncrQlity of
this ocction, Cl protective surf;::!ce of 0 buildiGg
8ho.ll be deemed to be out of repo.ir if:
(1) Thc protective :Jurfo.ce i~ p:J.int "hieh is
bli8tcrcd to JD cxtent of more thon twenty
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~~~~~i~r~~n~t~25%) of ~he ~re~ oOf ~ny pl~ne
ee~ . er ~re~ 1ncluding ~indo'J trim
nlce membero porch r '1' '
8uch ~re~o;' ~l lngo ~nd other
(2)Hore th~Fl: =Enefl:=E' :E'
the f' . 1.., " j- l~e percent (25%) of
1nlOn co~t of ~ otucco n~ll .
=Efl " -- 10 "orn
rough or chipped ~"~y "
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(g) Section rH301.12 io ~mended " "
thio order the follm'in . bj- 1noert1ng 1n
H~y 1 October 1 ,g d~teo In the br~cketo:
(h) ,Section rH405. 9 i8 ~mended by
efl:=E deleting the
l 1re provi8ion ~nd inoerting the folloniflEj
-~nEju~E3'e' . =E " ~-
h~bi t~bl ln 1 0 pl~ce: HinimuIR :Room Widtho: 1'.
e room, other th~n ~ kitchen
be leoo th~n oe~en (7) f ~ . ' oh~ll not
e' , ee~ In ~ny pl~n
1Hlen01on. Ki tcheno oh~ll h ~~
of not leoo th~n thirty (30 ~ v ~ ~ h cle~r p~oo~ge';~y
counterfronto ~nd ~. lnc e8 bet~een
~~llo. ppll~noeo or oounterfronto ~nd
(i) Scotian rH602. 2 io ~mend" '
number "65" ~nd . . cd b l' delet1ng the
. lnoertlng the number "68" e
deleting the number "18" d' " ~n by
"19". ~n lnoert1ng the number
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(j~ Section rH602.22.1 io ~mended
thlO order the follo~ing d~teo in by inoerting in
October 1 Hay 15 the brncketo:
(k~ Section rH602.3 io nmended
th10 order the follo~ing dnteo
October 1 Hny 15
(1) Section rH7 02.12 io nmended' '
entire provioion nnd ' . .b~.delet1ng the
follon~ ~n ,~' 1noertlng In 1tO pl~ce the
" ;;I;;=':l :l: ngunge' Ene~J' l '
belo~ the fourth o~o: ~ eep1ng room locnted
h~ve ~t 1 t r~ or In n b~oement 8h~11
c~o one open~ble "indo' '
door ~nnro"e-J ~o ",; or el{terlor
~~ v ~ r r emergefley eEj
oh~ll h 9~ reDo or reocue' or
~vC ~cceoo to not less =Efl '
independent el{ito. ~n t~o nppro~ed
(m) Ch~ptcr 8, :Referenced St e .
by deletinn ~ll ~ ~n nrdo, 10 ~mended
~ rererenceo ~nd cita=E' =E
BOC~ Nntion~l Building Code "lono, 0 the
Code BOC~ nt" . ' BOC.. Hechnnlc~l
. ' . ~ lonn:t: rlumb1ng Code ~nd =Efl
N~t1onnl Fire rrenent' cae BOC1'.
. v lon o~e. Ch~pter 8 i8
further ~mcnded by inoertin th '
l~ngu~ge. The Build' 9 e follo~lng
. 1ng Code, !1ech~nic~1 Code
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by inocrting in
in the br~cketo:
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Plumbing Code and Fire Pre~ention Code
incorporated aD part of the Bocr. NPHC Dhall be
the verDiono of thoDe CodeD adopted by reference
in Hopkino City'Code Section 100.03, Subd. 1 and
Section 400.03, Subd. 2.
Section 101.1 Insert the name "City of Hopkins"
Section 102.3 In the first 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".
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Section 102.7 Revise the paragraph as follows: "The
codes and standards referenced in this
code shall be those that are listed in
Chapter 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
referenced Dt~nd~rdD, the proviDiono of
thiD code ohall ~pply 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.
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Section 107
Delete in its entirety.
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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..." and insert
"Minnesota State Building Code,
Minnesota State Fire Code, and the
Hopkins Zonjng Ordinance".
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Section 202 Amend as follows "Code Official. The
official who is 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.
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Section 303.6 Amend by deleting the entire provision
and inserting the following language:
"Exterior Walls. All exterior walls
shall be free from holes, breaks, loose
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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
is 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, cornice
members, porch railings and other such
areas; b) More than twenty-five percent
(25%) of the finish coat of a stucco
wall is worn through or chipped away."
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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 o'.;inging 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
CodelJ 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".
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Section 404.4 Delete the current sentence and insert
the following language: "Bedroom and
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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
their entirety.
Delete in
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Section 502.4 and 502.4.1
entirety.
Delete in their
Section 503.3 Delete in its entirety.
Section 505.1' Delete the term "International Plumbing
Code" and insert the term "Minnesota
State Plumbing Code."
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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".
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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
Stat~ 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 BOC}\. Nr~1C IPMC and any other
applicable code or ordinance enforced by or in the
City of Hopkins, the more restrictive provisions shall
appl y.
Subd. 4. Nothing in Scct:..on 405.07 or in the BOC2\ NPHG
IPMC hereby adopted shall be construed to affect any
suit or proceeding pending in any court, or any rights
acquired, or liability incurred, or any cause or
causes of action acquired or existingr under any other
code or ordinance enforced by or in the City of
Hopkinsr nor shall any just or legal right or remedy
of any character be lostr impaired or affected By
Section 405.07.
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405.03. Dcfinitiono. For the purpooe of thio Section ~nd
Section 407, the follo~ing termo oh~ll me~n:
Subd. 1. "Inopection" me~no in:;pection of otruotureo,
premioeo, dwelling unito or property by the Code
Offici~l or hie deoignee.
405.05. Compliance. Subd. 1. The City Manager shall
designate the Code Offici~l building official to administer
and to enforce the provisions of this Chapter. The Geee
Offici~l building official is 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 Code Offici~l building official
determines that a premisea fails to meet any provision
of the BOCl\. NrNC IPMC, the Code Offici~l building
official may issue 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 Bocn NrHC IPMC 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 in the following manner:
(i) For residential rental premises, 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
premises 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 premises other than residential
rental, service 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
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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.
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405.07. AppGolo. Subd. 1. ~ny pcr~on iSGucd ~ CompliJnce
Order m~y ~ppeol the CompliJnce Order by filing on JppeJI
',d th the City Clerk. The .J.ppeJl fiUot be in ',niting ,:md muot.
be filed ',d th the City Clerk '.Ji thin fourteen (14) dJY::J of
the d.J.tc of the COfipli.J.nee Order.
Subd. 2. The city Council ::JhJll conduct .J. he.J.ring for
eJch .J.ppe.J.l ~ith the he.J.ring to be held no lJtcr tb~n
the ::Jceond regul~rly Gcheduled city Council meeting
follo~ing the dJte the JppeJl iG filed, unleGo thc
.J.ppellJnt Jnd the City Council Jgree to J lJter dute.
Subd. 3. The cppell.J.nt, the JppellJnt'o
repreoentJtivc, the Code OfficiJI .J.nd .J.ny other peroon
',Iho' G intercotD .)Te Jffeeted by the CompliJDce Order
shJIl be given ~n opportunity to be hC.J.rd.
Subd. 4. Compli.:mce ',:i t;l the ComplLmce Order is
otJyed pending the Counc~l':::; dcci.~Lm except J::J
provided in Section 405.09.
Subd. S. The City Council ::Jh.J.ll render J '.:ri tten
opinion no l~ter thJL the third regulJrly ochcdulcd
Ci ty Council mee':ing follmJing the l\ppeJl IIe.J.ring. 1\
copy of the decioion ~hJll be 8ervcd upon the
^ppellJnt in the mJnne~ 8et forth in Section 405.05,
Subd. 2 (c) .
405.09. Emergency Cases. When the Code Of~iciJl 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 forth in Section 405.05, the Gefre
OfficiJl building official may take appropriate action to
correct the violatjon by the procedure set forth below.
subd. 1. Order by City Manager. The Code OfficiJ}
building official shall obtain from the City Manager
or the City Manager's designated representative, a
written Administrative Order directing the Geae
Offici~l building official to correct the emergency
situation. A good faith effort shall be made to inform
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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 Offici~l
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 Offici~l building
official's actions and the possible assessment of
costs. The request for hearing shall be in
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 8h~11 conduct
~ he~ring no l~ter th~n the third regul~rly 8cheduled
City Council meeting follo~ing the d~te the ~ppe~l in
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 Offici~l 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).
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405.11. Penalties. A person who violates the provlslons of
Section 405 or 107 io 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 signs 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