CR 95-70 First Reading Property Maintenance Code
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April 28, 1995 Council Report No. 95-070
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Flrs Rea lng Property Malntenance Code
Proposed Action.
Staff recommends the following motion: Move to approve first readinq of
ordinance number 95-763 an ordinance amendinq section 405 of the Hopkins City
Code and adoptinq the 1993 BOCA National Property Maintenance Code.
Approval of this motion will approve a first reading of an ordinance that will
update the city's Housing Code by adopting the latest edition of the "National
Property Maintenance Code" and establish enforcement provisions that apply to
all properties in Hopkins.
Overview.
The Inspections Division has been looking to upgrade the current City Housing
code for over a year. We have studied several other housing codes from other
cities including the City of Minneapolis. Staff has determined the "National
Property Maintenance Code" (NPMC) as published by the Building Officials and
Code Administrators International (BOCA) best suits our needs in Hopkins.
The current "Uniform Housing Code" deals solely with residential structures,
while the proposed "National Property Maintenance Code" provides requirements
for the maintenance of all structures in the community (residential and
.ommerCial) .
The proposed "National Property Maintenance Code" provides more specific
standards than our current housing code which addresses requirements in a more
general way.
The staff has taken the proposed ordinance to the Hopkins Apartment Managers
Association, the Neighborhood Advisory Board and the Hopkins Business and
civic Association. We have received support from all of these groups.
The staff discussed this proposed ordnance with Council at the February 14th
Council Workshop. The proposed draft has been revised to reflect issues
raised.
Primary Issues to consider.
o Should the city adopt the "National Property Maintenance Code" which
will apply to all properties?
o How will the code be enforced?
Supportinq Information.
o Proposed Ordinance 95-763
o Hou$ing Code comparison
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omas And rson
City Building Official
CR 95-070
Page 2
4IIrimarv Issues to consider.
o Should the city adopt the "National Property Maintenance Code" that
applies to all properties?
The city's strategic Plan for Economic Development identifies the need to
examine, improve and aggressively enforce our housing maintenance codes. The
city's Housing study also identifies the need to evaluate our rental
inspection program and the housing maintenance codes.
The Inspections Division undertook a total review of the city Housing Code
program in 1994. This review was precipitated buy the desire to maintain
property values and the housing stock of the community and to improve the
communities enforcement effort as identified in the city's Strategic Plan for
Economic Development.
The division as it studied various codes determined the BOCA "National
Property Maintenance Code" best suits the city of Hopkins Housing Code needs
for the following reasons:
o The current "Uniform Housing Code" (UHC) deals solely with residential
structures, while the proposed "National Property Maintenance Codell
(NPMC) provides requirements for the maintenance of all structures in
the community (residential and commercial). The proposed NPMC also
. specifically requires other amenities on the property be maintained
such as sidewalks, fences, garages, etc.... which are not covered in
our current code. This makes the code more usable on residential
properties and extends the basic principle of building maintenance to
commercial properties.
o Both the existing and proposed codes are recognized nationally as
credible model code documents, however the proposed NPMC is easier to
read and has better support documents. A "Commentaryll companion
document for the NPMC is available and very easy to understand, It
lends to the simplicity of the code interpretation process. A computer
program is available for the proposed NPMC to assist the community with
automating the compliance process.
o The proposed "National Property Maintenance Code" provides more
specific standards than the Uniform Housing Code which addresses
requirements in a more general way. This makes the code easier to
enforce and interpret. Some examples are as follows:
. The current UHC requires that lIall habitable rooms be provided
with heating facilities capable of maintaining 70 F. at a point 3
feet above the floor. The proposed NPMC requires IIduring the
period of October 1 through May 15, all habitable rooms be provided
with heating facilities capable of maintaining a room temperature
of 68 F. between the hour of 6:30 a.m. and 10:30 p.m. and not less
~ than 60 F. during other hours.
. The proposed NPMC requires that all openings from a dwelling unit
to the outside, during the period of May 1 through October 1, be
provided with tight fitting bug screens. The current UHC does not
address this issue.
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CR 95-070
Page 3
. The current UHC classifies a building that lacks paint as
. substandard but provides no guidance to what constitutes lack of
paint. The NPMC as proposed would more clearly define lack of paint
as being out of repair if 25% or more of anyone side or plane of
the structure has blistered or flaking paint. This could also be
applied to commercial structures as well as garages, fences,
storage sheds and the like on residential properties.
The 1993 National Property Maintenance Code if adopted will give the
Inspection Division better tools to insure the continued maintenance of all
structure in the community thereby maintain and improve property values
throughout the community.
0 How will the code be enforced?
The Inspections Division has for many years had a housing maintenance code
program in place and this program has been enhanced over the years. Currently
the division actively enforces the Uniform Housing Code 1985 Edition, a city
Rental Registration Code, Manufactured Home Code, the Nuisance Code, a Truth
in Housing Code and a Fire Code Inspection Program.
The Housing program would be enforced in the following ways:
. Most rental properties in the city are required to be registered
with the city through our rental registration program. This gives
us a listing of the rental properties and identifies the persons
e responsible for repairs and maintenance. The division is suggesting
revisions to this program that will allow registration of all
rental properties. staff is recommending that all rental properties
be inspected with the exception of condominiums and townhouses
every five years. Condominiums and townhouses would be inspected by
spot check inspections based on visible need and by complaint. Both
Fire Code and Housing Code violations would be enforced at the same
time in these buildings. Inspection policies on rental properties
will be addressed in greater detail through the Rental Registration
Code discussions.
. The single family homes would be inspected upon complaint or if
they begin to show signs of exterior disrepair. The division is in
the community daily during the summer months doing nuisance code
inspections. visible violations would be written at that time.
Homes that are showing severe signs of non maintenance would be
targeted for an interior inspection.
. The inspection personnel in cooperation with the Public Works
Department have a twice a year sweep of the community to deal with
general nuisances. Public Works personnel on there regular garbage
collection routes also identify and notify Inspections of
accumulations of trash and debris. violations to the Maintenance
code both residential or commercial would be dealt with through
this process.
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. The Inspections Division will be conducting regular Fire code
inspections in the commercial structures. Violations to the Fire
Code and Property Maintenance Code would be dealt with at this
time. We will also be responding to complaints.
CR 95-070
Page 4
. The manufactured homes in the community are covered under the
. City's Manufactured Home Code. We have increased the division's
activity in the pines Trailer Park recently due to the deadlines
for compliance established in the code. The Manufactured Home Code
establishes minimum housing maintenance standards that are
applicable to the trailers and are based on the Uniform Housing
Code. These will be continued.
Alternatives.
0 Approve a first reading. staff recommends this course of action.
0 Table and request further information from staff.
0 Do not approve first reading. Following this course of action will
maintain our current housing code.
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. ORDINANCE NO. 95 -763
An Ordinance relating to Propelty Maintenance; replacing Section 405.02 through 405.19 of
Chapter IV of the Hopkins City Code.
THE CITY COUNCIL OF THE CITY OF HOPKINS DOES ORDAIN:
405.01. Property Maintenance Code Adopted, Subd. 1. The National Property Maintenance
Code ("NPMC"), 1993 Edition, published by the Building Officials and Code Administrators
Intemational, Inc. ("BOCA"), is adopted by reference, subject to the changes set forth in Subd. 2,
below.
Subd. 2. For the purposes of this Section and Section 407, the BOCA NPMC is amended and
revised in the following respects:
(a) Section PM-lO 1.1 is amended by inselting "City of Hopkins" within the brackets.
(b) Section PM-I06.2 is deleted in its entirety.
(c) Sections PM-107.1, 107.2, 107.3 and 107.4 are deleted in their entirety.
. (d) Section PM-lID. 1 is amended by deleting the word "shall" in the fIrst line and
inserting the word "may".
(e) Section PM-l11.0 is deleted in it,> entirety.
(f) Section PM-304.5 is amended by deleting the entire provision and inserting the
following language in its place:
All exterior walls shall be free from holes, breaks, loose or rotting materials;
and maintained weatherproof and properly surlace coated where required to
prevent deterioration. Without limiting the generality of this section, a
protective smface of a building shall be deemed to be out of repair if:
(1) The protective surface is paint which is blistered 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;
(2) More than twenty-five percent (25%) of the [mish coat of a stucco
wall is worn through or chipped away.
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. (g) Section PM-304.12 is amended by inserting in this order the following dates in tbe
brackets:
May I Octo bel' 1
(h) Section PM-405.9 is amended by deleting the entire provision and inserting the
following language in its place:
Minimum Room Widths: A habitable room, other than a kitchen, shall not
be less than seven (7) feet in any plan dimension. Kitchens shall have a clear
passageway of not less than thirty (30) inches between countelfronts and
appliances or countelfront5 and walls.
(i) Section PM-602.2 is amended by deleting the number "65" and inserting the number
"68" and by deleting the number "18" and inserting the number "19".
m Section PM-602.22.1 is amended by inserting in this order the following dates in the
bracket..,:
Octo bel' 1 May 15
. (k) Section PM-602.3 is amended by inserting in this order the following dates in the
brackets:
October 1 May 15
(1) Section PM-702.12 is amended by deleting the entire provision and inserting in its
place the following language:
Every sleeping room located below the fomth story or in a basement shall
have at least one openable window or exterior door approved for emergency
egress or rescue; or shall have access to not less than two approved
independent exits.
(m) Chapter 8, Referenced Standards, is amended by deleting all references and citations
to the BOCA National Building Code, BOCA Mechanical Code, BOCA National
Plumbing Code and the BOCA National Fire Prevention Code. Chapter 8 is fmther
amended by inserting the following language:
The Building Code, Mechanical Code, Plumbing Code and Fire Prevention
Code incorporated as pan of the BOCA NPMC shall be the versions of those
Codes adopted by reference in Hopkins City Code Section 400.03, Subd. 1
and Section 400.03, Subd. 2.
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. Subd. 3. Where there is any conflict between the provisions of the BOCA NPMC 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 405.04 or in the BOCA NPMC hereby adopted shall be construed to
affect any suit or proceeding pending in <my court, or any lights 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 405.04.
405.02. Definitions. For the purpose of this Section and Section 407, the following tenus shall
mean:
Subd. 1. "Inspection" means inspection of stmctures, premises, dwelling units or property by the
Code Official or his designee.
405.03. Compliance. Subd.1. The City Manager shall designate the Code Official to administer
and to enforce the provisions of this Chapter. The Code 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 Official determines that a premises fails to meet any provision of the
BOCA NPMC, the Code Official may issue a Compliance Order setting forth the violations and
ordeling the owner or the owner's agent or the occupant to correct such violations. The Compliance
Order shall:
(a) Be in wIiting;
(b) Describe the location and nature of the violations of the BOCA NPMC and refer to
the specific provisions violated;
(c) Specify a time in which violations must be cOITected;
(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 shaH 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:
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. (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 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.
405.04. Appeals. Subd. 1. Any person issued a Compliance Order may appeal the Compliance
Order by filing an appeal with the City Clerk. TIle appeal must be in wliting and must be filed with
the City Clerk within fomteen (14) days of the date of the Compliance Order.
Sllbd. 2. The City Council shall conduct a heming for each appeal with the heming to be held no
later than the second regularly-scheduled City Council meeting following the date the appeal is fIled,
unless the appellant and the City Council agree to a later date.
Sllbd. 3. The appellant, the appellant's representative, the Code Official and any other person who
interests are affected by the Compliance Order shall be given an opportunity to be hem'd.
Subd.4. Compliance with the Compliance Order is stayed pending the Council's decision except as
provided in Section 405.05,
. Sllbd.5, The City Council shall render a wIitten opinion no later than the third regulm'ly-scheduled
City Council meeting following the Appeal Heming. A copy of the decision shall be served upon the
Appellant in the manner set forth in Section 405.03, Subd. 2(e).
405.05. Emergency Cases. When the Code Official determines that a violation of this Section
constitutes an imminent peril to life, health, safety or propelty and there does not exist sufficient time
to follow the procedures set fOIth in Section 405.03, the Code Official may take appropriate action
to correct the violation by the procedure set forth below.
Subd. 1. Order by City Manager. The Code Official shall obtain from the City Manager or the
City Manager's designated representative. a written Administrative Order directing the Code Official
to correct the emergency situation, A good faith effOlt shall be made to infonn the owner, the
owner's agent or the occupant that the action is being taken.
Sllbd. 2. Notice of the Correction. After the conective action has been taken and the costs of such
action have been detelmined, the Code 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) TIle cost incurred in correcting the emergency;
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. (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 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) days of the date of the notice.
Subd. 3. Hearing Date. The City Council shall conduct a healing no later than the third regularly-
scheduled City Council meeting following the date the appeal is filed.
Subd. 4. Hearing. The appellant, the appellant's representative, the Code Official and any other
person who interests aloe affected by the Compliance Order shall be given an opportunity to be heard.
Subd.5. The City Council shall render a writen opinion no later than the third regularly-scheduled
City Council meeting following the Appeal Hearing. A copy of the decision shall be served upon the
Appellant in the manner set forth in Section 405.03, Subd. 2(e).
405.06. Penalties. A person who violates the provisions of Section 405 or 407 is guilty of a
misdemeanor. Each day that a violation continues shall be deemed a sepal"ate offense. The Code
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 aloe corrected.
. This Ordinance is effective subject to the following:
First Reading:
Second Reading:
Date of Publication:
Effecti ve Date of Ordinance:
Charles D. Redepenning, Mayor
Attest:
James A. Genellie. City Clerk
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. HOPKINS HOUSING CODE COMPARISON
PROPOSED BOCA - National Property Maintenance Code
Vs
CURRENT leBO - Uniform Housing Code
GENERAL:
0 BOCA applies to all existing structures, residential and nonresidential,
ICBO applies to residential only.
0 BOCA deals with Exterior Property Areas in great detail, ICBO only deal
garbage, junk and similar materials.
0 BOCA deals with Extermination of insects and rats, ICBO makes no mention
of this.
0 BOCA has a three page chapter on Fire Safety Requirements, ICBO only has
one sentence on Fire Protection.
0 BOCA publishes a "commentary" manual to aid with interpretation of the
code, leBO does not.
SUBJECTS COVERED:
BOCA - NPMC lCBO - UHC
0 Residential Properties 0 Residential Properties
0 Commercial Properties 0 N/C
. 0 Exterior Sanitation 0 Unsanitary Premises
0 Grading and Draining 0 N/C
0 Sidewalks, Driveways and Parking Lots 0 N/C
0 Fences and Retaining Walls 0 N/C
0 Accessory Structures 0 Does not clearly .state other Structures
0 Roofs and Drainage 0 N/C
0 Canopies, Awnings and Signs 0 N/C
0 Chimneys 0 Fireplaces and Chimneys
0 Window Glazing 0 N/C
0 Insect Screens 0 N/C
0 Exterior Basemenl Hatchways 0 N/C
0 Garbage Containers and Facilities 0 N/C
0 Insect Extermination Responsibilities 0 N/C
0 Habitable Spaces 0 Habitable Spaces
0 Cooking Facilities 0 N/C
0 Clothes Dryer Exhaust 0 N/C
0 Bathroom accessibility 0 N/C
0 Employee Toilet Facilities 0 N/C
0 Food Preparation Areas 0 N/C
0 Fire Extinguishers 0 Refers to Building Code
0 Smoke Detectors 0 Refers to Building Code
0 Fire Sprinkler Systems 0 Refers to Building Code
. Not Covered = N/C