Memo - 2nd Reading of Ordinance 2002-889
"" ~~~~-'.
" ... City of Hopkins <, :~~.,,~~
Inspections Division
Memorandum
From:
Mayor Eugene J. Maxwell and Members of the City Council
Rick Davidson, Building OfficiaCZQ
January 2, 2003
Second Reading of Ordinance 2002-889
To:
Date:
Re:
'\ Staff recommends that the City Council approve the following motion: Move that the
Hopkins City Council approve Ordinance 2002-889 for second readinq, approve
Summary Ordinance 2002-889. and order Summary Ordinance 2002-889 published.
This is the second reading of an ordinance that amends Sections 406 of the Hopkins
City Code. There have been no changes made since the first reading.
A copy of the summary ordinance is attached.
'.
1
.
CITY OF HOPKINS
COUNTY OF HENNEPIN
SUMMARY OF
ORDINANCE NO. 2002-889
AN ORDINANCE REVISING VARIOUS SECTIONS OF THE CITY
CODE RELATED TO TRUTH IN HOUSING
The following is a summary of the major revisions of the ordinance:
Chapter 406 Truth In Housing
. 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 truth-in-
housing evaluation completed.
"
.
A printed copy of the entire ordinance is available from the City Clerk and at the
Hopkins library.
First Reading of Ordinance 2002-889
Second Reading of Ordinance 2002-889
Publication of Summary Ordinance 2002-889
Effective Date of Ordinance 2002-889
December 17, 2002
January 7,2003
January 16, 2003
January 16, 2003
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 1. 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 community, 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:
Subd. 2. "Building Official" shall be the building
official of the City of Hopkins or his authorized
designee.
SOOd. 3. "Buyer" is a person who acquires real estate
by means other than descent or inheritance and usually
for money or the equivalent.
SOOd. 2-4. "Certified Evaluator" means an individual
who holds a current Certified Evaluator Certificate as
issued by the City of Hopkins ~nd h~o pro~ed
competency by h~~ing ~ current ~nd unelrpired
certific~te of competency ~o iooued by the City of
Hinne~poli.:; or the City of St. ['~ul, ~nd Hho h~o ~
current inour~nce certific~te in force ~o required in
oection 406.05, Subd. 8, ~nd h~.:; p~id the required fee
~o eot~bliohed by reoolution from time to time by the
City Council.
Subd. 5 "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.
.
Subd. -3-6. "Dwelling unit" means a single family,
private, independent living space or quarters
consisting of at least facilities for bathing, food
preparation and consumptionL sleepingL and other
related purposes and also includes any accessory
structures in connection therewith.
Subd. 4. "F~:Fflily" me;::mo .:m indi.v.idual or tHO (2) or
more peroono rel~ted by blood, marriage, adoption, or
footer care, or a group of not more than four pcroono
not 00 related maintaining a cornmon houoehold and
.uoing common cooking oanitnry and oanitnry facilitieo.
Subd. 5-7. "Owner" or "peroon" 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 common 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 ~ residential or commercial
premisefr; the term does not include the transfer of a
document made solely for perfecting title.
Subd. -=7-9. "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 n Dingle, t\,'O fnmily, three, four family d\,'elling
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 is separated from other dwelling units
by property lines.
Subd. &11. "Truth-in-Housing and Zoning Disclosure
Report.H The written and oigncd evaluation by n
certified cvaluntor, ronde on n form deocribed in
Section 406.05, Subd. 7, reprcoenting to the aotunl
buyer of thc ~lelling evnlunted that onid perDon haD
utilized thc care nnd diligence renoonnblc and
.
ordin~ry for onc meeting the code of ethico ~nd
procedur~l guideline8 for ev~lu~toro ~o eot~bliohed by
the city, ~nd h~o found no inot~nceo of noncompli~nce
Iii th the i temo cont~ined on o~id form ~o of the d~te
thereon e1(Cept ~o opecific~lly deoign~ted thereon
report meeting the requirements of Section 406.05,
Subd. 2.
SOOd. 9. "Truth in Houoing Zoning D.eport". The ',:ri tten
~nd oigned zoning ev~lu~tion by the City Zoning
~dminiotr~tor m~de on ~ form cont~ining the zoning
inform~tion required in Section 106.05, Subd. 7.
Subd. 10. "Reoidenti~l premi.Jeo" me~no ~ny buildingo
~nd ~ny ~ncill~ry otruotureo in connection therewith
intended or u.Jed for reoidenti~l purpooeo including
.Jingle or t~o f~mily d~ellingo, condominiumo, multiple
reoidential duellingo, cooper~tive re.Jidenti~l unito.
SOOd. 11. "Single or T,:o F~mily dl:elling" me~no ~ny
building oont~ining one or tllO d',:elling unito,
reg~rdleoo of 'lhether they ~re O'.mer or Nonm:ner
occupied.
406.05. Truth in h!ousing and Zoning dQisclosure Report.
Subdivision 1. Required. No o',mer or ~gent of the mmer
oh~ll Dell by convey~nce or contr~ct for convey~nce ~
Dingle f~mily, t',:o f~mily, three or four f~mily d'o.-elling,
including condominiumo ~nd to~nhou.Je.J, ~ithin the city
without providing to the buyer, prior to the time of o~le,
~ Truth in Houoing Zoning D.eport ~.J deocribed in Section
406.03, Subd. 9 ~nd ~ Truth in Hou.Jing Di.Jclooure Report ~o
dcooribcd in Scotion 406.03, Subd. 8 rel~ting to o~id
d'.:elling or prcmioeo, iooued ',.-i thin one (1) ye~r preceding
the time of o~le.
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 diacloouro. The Truth in Houoing
Dioclooure Report, oh3ll cont3in 3 ot~tement oigned by
the mmer 3cJmmJledging (~) 3ny d3m~ge to the dHelling
or ito content::; by flooding, l. (b) ~ny oe\;er b3ckup or
3ny e7idence of chronic '.l~ter oeep~ge; (0) ~ny
~b~ndoned, unuoed, or unc~pped ~ello; or (d) ~ny
diooh3rge of otorm'.;~ter, ground'.;~ter, roof runoff,
y~rd dr~in3ge, found3tion dr~ino, or Dump pumpo into
the o~nit3ry oe~er. The Truth in Houoing Dioolooure
Report io not deemed ...~lid '.lithout the ~forementioned
oigned ot~tement. Further, no mmcr or 3gent of the
mmer oh~ll Dell ouch d',lelling ',:1 thout pro~:iding to
the buyer 3 Dt3tcment of the n~ture, e]ttent ~nd c~u::;e
of ~ny ~~ter Deep~ge or flooding of ~ny portion of the
property '.;i thin the lmmllcdge of the m;ner.
Subd. 2. The Truth-in-Housing and Zoning Disclosure
Report and Lnspection. 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 Ethics, 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 zoning
administrator.
3.. The dwellings homestead classification in
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 flooding of any portion of the
property within the knowledge of the owner.
The Truth-in-Housing and Zoning Disclosure Report
shall be legible, be printed in 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
owner, and the city within one business day of
revision.
.
The inspection and report are not intended to be a
warranty and no warranty is 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 in houoing
dioclooure report Truth in Housing and Zoning
Disclosure Report shall be required for each change of
ownership or time of sale.
Subd. 4. A~ailability of Documcnta. No peroon licenoed
by the St.:lte of Hinneoot.:l to :Jell re.:ll eot.:lte oh.:lll
offer for 0.:11e by eJrhibiting or :Jhmdng .:lny one, t',:o,
three or four f.:lmily d',:elling, condominium or
to'.:nhouoe, ',Ii thin the City ',d thout firot h.:l'v'ing
obt.:lined the documento no :Jet out in Section 106.05,
8ubd. 1. The report no oct out in Section 106.05,
8ubd. 1, oh.:111 be ffi.:lde .:l7.:1il.:lble for inopection .:It the
premioeo for uhich they pert.:lin .:It .:lll timeo th.:1t ouch
dwelling io being offered for 0.:11e.
Subd. 54. Exemptions. The pr07ioiono of the Ch.:1pter
oh.:lll not .:lpply to the 0.:116 or con7eY.:1nCe of .:1ny
oingle f.:lmily, t~o f.:lmily, three f.:1mily, or four
f.:lmily d'.lelling to .:l public body nor to .:lny nei;ly
conntructed d~;elling ',lhen title in tr.:lnoferred to the
firnt O'.:ner or for one ye.:1r from the d.:1te of the fin.:ll
certific.:lte of in:Jpection or certific.:1te of occup.:lncy.
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 is 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. The city nh.:1ll prep.:lre or .:luthorize
the une. of form or form:J .:10 it m.:lY deem.:lppropri.:lte to
conntitute .:1 di:Jclo:Jure under :Jection 106.05. The form
:Jh.:lll pro7ide inform.:ltion concerning code, requiremento
.:lpplic.:lble to e)rioting oingle, ti;O f.:lmily, three
f.:lmily, four f.:lmily d',;elling:::;, condomini umo .:lnd
.
to\:nhouoe:l ',;hich, \;hen not complied ',:i th, conoti tute 0.
mo.jor otructuro.l defect or o.n immedio.te do.nger to the
he~lth o.nd oo.fety of the occupo.nt. The informo.tion
pro~ided oh~ll indico.te ~hether the condition meet8
City requirement8, i8 belo~ City requiremento, or io
deemed to be ho.zo.rdouo o.t the time o.nd do.te of the
e~~lu~tion.
In mo.king the e~o.luo.tion, it oho.ll be o.80umed tho.t o.ny
conceo.led f~cilitieo o.nd inoto.llo.tiono tho.t o.re not
.v~ie',;ed o.re ~dequo.te, bo.oed on the functiono.l
opero.tiono of the fo.eilitieo o.nd inoto.llo.tiono o.nd the,
condition of the equipment tho.t io vieued. No ~o.rro.nty
io e}cpreooed or implied. In completing the form, the
evo.luo.tor oho.ll be go~ernod by o.nd follow the code of
ethico o.nd guidelineo of procedure for e~o.luo.toro 0.8
o.mended from time to time by the City Council. The
form oho.ll ~loo inolude the oigned oto.tement by the
mmer or o.gent of the o',:ner 0.0 to ',:hether or not there
o.rc houoing ordero pending rego.rding the property
iooued by the Depo.rtment of Inopectiono, City of
Hopkino. The form oho.ll 0.100 include 0. determino.tion
whether the pre:lent occupo.ncy io conforming or
nonconforming, o.nd oho.ll 0.100 oho',; the preoent zoning
of the d\;elling. If nonconforming occupo.ncy io
cl~irned, ouch nonconforming uoe 8ho.ll be verified by
the City Zoning 1':..dmini8tro.tor in Hriting. The form
oho.ll 0.100 require dioclo8ure by the ouner of the
d\:elling' 0 homeoteo.d clo.o:lifico.tion in rego.rd to reo.l
e8to.te to.:Eeo po.yo.ble. The mmcr oho.ll pro~;ide 0. copy
of ouch uritten verifico.tion to the buyer prior to the
clo8ing or fino.lizo.tion of tro.nofer of ounerohip or
the buyer'o oigning of o.ny co~tro.ct for deed. Nothing
in oo.id report oho.ll indico.te, or 8ho.ll be deemed to
indico.te, tho.t oo.id d'"Telling meeto 0.11 minimum houoing
oto.ndo.rdo.
Subd. fS. 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 as 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 ($250,000) general aggregate and per
occurrence and errors and omissions insurance with a
.
m~n~mum 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
insurance continuously in force thereafter and no
Certified Evaluator Certificate shall be deemed to be
in effect when such insurance is 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 preocribed in Section
406.05, Subd. 7 of thio ch~ptcr to bc uDcd ~o ~
diocloourc document ~o oct out in Section 406.05,
Subd. 1 without first obtaining and maintaining a
Certified Evaluator Certificate from the city as
provided for in this chapter.
Subd. .s.6. FccCl for ccrtificatoCl and rcncl1alCl. Renewal
of Certified Evaluator Certificates. The holder of ~
Certific~te of Competency ~nd proof of inour~nce ~o
oct forth in thio ch~pter oh~ll, upon p~yment of ~n
~nnu~l fee ~o eot~bliohed by reoolution from time to
time by the City Council, h~7e o~id certific~te
renc.:ed for the enouing ye~r. 1I. holder of ~
certific~te oh~ll not ~llow o~id certific~te to be
uoed by ~nother peroon.
Certified Evaluator Certificates expire on December
31st 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 certified 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 relate'd 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 in the license issued
pursuant to this chapter.
10. Fails to abide by the code of ethics.
11. 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 is
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. ~lO. City employees not to be certified. No
employee of the City shall be, certified under this
Chapter.
Subd. ~ll. 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. ~12. Report filing and filing fees. Each Truth
in Rouoing Certified Evaluator shall submit to the
city houoing inopector an 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 eno.ct duplico.te or copy required
by thio oection oho.ll be of the fino.l report, either
type ~ritten or legibly printed in ink, 0.0 furniohed
to the Deller. A filing fee as established by
resolution from time to time by the City Council,
shall be required '.dth accompany each evaluation
report fre submitted to the inopector.
When oo.id Truth in Rouoing Dioclooure Report io not
filed, or the required filing fee therefore io not
po.id, \li thin the ten (10) do.y time limit oet forth in
thio oection, then the fee for ouch filing of the
required report oho.ll be doubled. Further, fo.ilure to
comply ',;i th the pro7ioiono of thio oection ',;i thin thc
o.foreoo.id time limito.tiono mo.y be juot co.uoe for the
to rC70ke the Certifico.tion of the e70.1uo.tor.
When a Truth-in-Housing 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 hazardouo
repair/replace items. The following items wfteft
diocovered by the e70.luo.tor shall be identified by the
certified evaluator as Ho.zo.rdouo Repair/Replace and
lioted be marked as such in the Truth-in-Housing and
Zoning Disclosu~e report.
1. C.:J.O piping remo.ining o.fter the
dioconnection of o.n o.pplio.nce tho.t ho.o not
been properly plugged or co.pped.
2. W.:J.ter heo.tero o.nd furno.ceo in 0. tight,
confined OPo.cc tho.t o.re not provided \lith
proper combuotion o.ir by o.n opening or
openingo in the enclooure. The open o.reo.
of the eombuotion o.ir into.ke oho.ll not be
o.ny leoo tho.n the o.reo. of the common flue
or flueo of the o.pplio.nceo ~ithin the
enelooure.
3. W.:J.ter heo.tero o.nd hot \;o.ter boilero
~ithout o.n opcro.ble preooure or
tempero.ture relief '.To.l ve, or \;here the
.
dr~in piping for thio ~~l~e io either
underoized, or not eJrtended to ',:ithin 18"
of the floor."
4. C~o fired ~ppli~neeo, w~ter he~tero, ~nd
furn~eeo not pro~:ided ',Ji th ~ dr~ft hood
(dh~erter) or I:hich ~re enhibiting b~ck
opill~ge of producto of combuotion ~t the
dr~ft hood.
5. ~ny free ot~nding op~ce he~tero loc~ted in
bedroomo or b~throomo ',{hich t~ke their
combuotion ~ir from the room in \Jhioh they
~re loc~ted.
6. 1',ny he~ting pl~nt, l,J~ter he~ter or other
fuel burning equipment th~t h~o miooing or
~iou~lly defective required o~fety
controlo.
7. 1', vent oyotem for ~ny fuel burning
~ppli~nce th~t h~o ruot holen, or open
j ointo.
8. ~ vent oyotem or fuel burning ~ppli~nce
th~t ~iou~lly doeo not h~~e oufficient
cle~r~nce to combuotibleo ouch th~t in the
opinion of the ev~lu~tor ~n imminent fire
h.:J.z~rd eJrioto.
9. ~ny room being uoed for oleeping purpooeo
th~t doeo not h~ve ~n ~ppro~ed emergenoy
egreoo door or '.:indml except oleeping
roomo leg~lly conotructed '.:i thout them.
10. L~ck of or inoper~ble kitchen oink,
~.:J.tcr clooet, l~v~tory, b~thtub or oho~er.
11. L~clc of oFRoke detectoro ~o required by
St~te L~H. B~ttery po\:ered detectoro m~j:
be uoed.
12. ~ny other condition uhere in the
opinion of the ev~lu~tor ~ diotinct
imminent life thre~tening h~z~rd to the
occup~nto of the otructure eJrioto.
.
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.
.
.
.
3 .
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.
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.
Water heaters, hot water boilers, furnaces,
or other fuel burning 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 is plugged or capped.
c. Fuel burning appliances that are located
in a tight, confined space and are not
provided with proper combustion air by an
opening or openings in the enclosure. The
open area of the combustion air intake
shall not be less than the area of the
common 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 (diverter),
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
4 .
.
.
5.
pitch; lacks proper supports; is not
properly sealed to the chimney; or because
of deterioration poses a fire or imminent
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.).
Lack of, improperly installed, or inoperable
smoke detectors as required by State Law.
Battery powered detectors may be used.
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.
Foundations, walls, ceilings, roofs,
chimneys, or any other structural member
exhibiting structural damage or
deterioration such that failure or collapse
of the member is imminent.
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 is not properly maintained.
Any other condition where in the opinion of
the certified evaluator a distinct imminent
life threatening hazard to the occupants of
the structure exists.
6.
7.
8.
9.
Itemo m-:lrked -:l:J h-:lzJ.rdouo by the certified
eVJ.l~-:ltor :JhJ.ll be corrected promptly by the
o~ner. 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 inopector and the
premises shall be subject to inspection by the
building official prior 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 issue a
certificate that will serve as proof of
compliance with this section. The buyer,
designated in a Purchase Agreement, may elect to
m~lcc the correctiono neceooit~ted by the report
of the e7~lu~tor 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 Rouoing Inopector building
official and subject to such terms and conditions
as may be required by the Inopection Dep~rtment
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 h~z~rdouo repair/replace items, reasonable
completion dates acceptable to the Inopection
Dep~rtment 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 ~n inopection conducted
approved by the houoing inopector 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 houoing ino~ector.
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. ^ per80n An owner or buyer aggrieved by a truth in
houoing dioclooure report Truth-in-Housing and Zoning
Disclosure Report may appeal from the action of the
certified evaluator to the BQuilding eofficial who shall
make a ruling on the appeal. Deoioiono of the Building
Offici~l m~y be ~ppe~led to ~n ~ppe~lo bo~rd, ~ppointed by
the council ~nd conoioting of three membero of the city
council. The deeioion ~nd order of the ~ppe~lo bo~rd oh~ll
be binding on ~ll p~rtieo.
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 cevaluation 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 in 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 Disc1a~er 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
Date Ordinance Takes Effect: January 16, 2003
Gene Maxwell, Mayor
AI' ,
.
.
.
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date
---