Memo Second Reading Of Ordinance 95-763
e CITY OF HOPKINS
MEMORANDUM
DATE: May 8, 1995
TO: Hopkins city council
FROM: Tom Anderson
SUBJECT: Second Reading of Ordinance #95-763 adopting the
"National Property Maintenance Code"
Staff recommends the Council approve the following motion: Move
to approve second readinq of ordinance number 95-763 and orderinq
publication of the ordinance.
Adoption of this motion will continue the process of adoption of
the 1993 "National Property Maintenance Code" as the housing
maintenance code for the community.
e There have been no changes to the ordinance since the first
reading.
Attachments
e
-------.- --- - -
e ORDINANCE NO. 95 - 763
An Ordinance relating to Property 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
International, 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-I01.1 is amended by inserting "City of Hopkins" within the brackets.
(b) Section PM-106.2 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-lIO.l is amended by deleting the word "shall" in the first line and
inserting the word "may".
(e) Section PM -111.0 is deleted in its 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 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:
(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 finish coat of a stucco
wall is worn through or chipped away.
.
c:\fiklhopcivi]\[entreg l.ord
----
e (g) Section PM-304.12 is amended by inserting in this order the following dates in- the
brackets:
May 1 October 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 counterfronts and
appliances or counterfronts and walls.
(i) Section PM-602.2 is amended by deleting the number "65" and inserting the number
1/68" and by deleting the number "18" and inserting the number "19".
(j) Section PM-602.22.1 is amended by inserting in this order the following dates in the
brackets:
October 1 May 15
(k) Section PM-602.3 is amended by inserting in this order the following dates in the
. brackets :
October I 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 fourth story or in a basement shall
have at least one open able 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 further
amended by inserting the following language:
The Building Code, Mechanical Code, Plumbing Code and Fire Prevention
Code incorporated as part 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.
.
c:1fi lelhopcivillrenlreg I ,ord 2
--- ..-
e Sllbd. 3. Where there is llilY conflict between the provisions of the BOCA NPMC and llilY other
applicable code or ordinance enforced by or in the City of Hopkins, the more restrictive provisions
shall apply.
Sllbd.4. Nothing in Section 405.04 or in the BOCA NPMC hereby adopted shall be construed to .
affect any suit or proceeding pending in any court, or llilY rights acquired, or liability incurred, or any
cause or causes of action acquired or existing, under any other code or ordinance enforced by or in
the City of Hopkins, nor shall any just or legal right or remedy of any character be lost, impaired or
affected by Section 405.04.
405.02. Definitions. For the purpose of this Section and Section 407, the following terms shall
mean:
Subd. 1. "Inspection" means inspection of structures, 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
ordering the owner or the owner's agent or the occupant to correct such violations. The Compliance
Order shall:
(a) Be in wliting;
(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 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 me
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 premisc.s or mailed to the occupant by first class mail to the
occupant's last known residence;
.
c:\file'hopciyi1\rcnlreg l.ord 3
e (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. The appeal must be in writing and must be filed with
the City Clerk within fourteen (14) days of the date of the Compliance Order.
Subd. 2. The City Council shall conduct a hemIDg for each appeal with the hearing 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.
Subd.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 heard.
Subd.4. Compliance with the Compliance Order is stayed pending the Council's decision except as
provided in Section 405.05.
. Subd. S. The City Council shall render a written 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).
405.05. 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 forth in Section 405.03, the Code Official may take appropriate action
to conect 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.
Subd. 2. Notice of the Correction. After the corrective action has been taken and the costs of such
action have been determined, 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) The cost incurred in cQnecting the emergency;
c:\filc1hopcivi[lrentreg l.ord 4
e (d) The City's intent to assess some or all of the costs against the conected 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 hearing no later than the third regularly-
scheduled City Council meeting following the date the appeal is filed.
811 bd. 4. Hearing. The appellant, the appellant's representative, the Code Official and any other
person who interests are aftected by the Compliance Order shall be given an opportunity to be heard.
8ubd. S. 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 separate 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 are cOITected.
e This Ordinance is effective subject to the following:
First Reading: May 2, 1995
Second Reading: May 16, 1995
Date of Publication: May 24, 1995
Effective Date of Ordinance: June 13, 1995
Charles D. Redepenning, Mayor
Attest:
J runes A. Genellie, City Clerk
as to form anu legality:
~ {.Q5 /
~J.A
. I Date
5