ORDIANACE #85-546
CITY OF HOPKINS
Hennep1n County, M1nnesota
ORDINANCE NO. 85-546
AN ORDINANCE REQUIRING INSPECTION AND ISSUANCE OF
CERTIFICATES OF OCCUPANCY UPON CHANGE IN USE OR
OCCUPANCY OF COMMERCIAL STRUCTURES
BE IT ORDAINED by the C1ty Counc1l of the C1ty of Hopk1ns
as follows:
sect10n 1. DEFINITIONS.
ment of th1S Ord1nance, the follow1ng words,
follow1ng mean1ngs.
Whenever used 1n and for the enforce-
t1tles or phrases shall have the
a. CERTIFICATE means a cert1f1cate of occupancy.
.
b. CERTIFICATE OF OCCUPANCY means an unexp1red document 1ssued
upon appl1cat1on, by the Hopk1ns Inspect10n D1v1s1on of the
C1 ty of H opk1ns and the Hopk1ns F1re Marshal Wh1Ch cert1f1es
that such structure on the date of such cert1f1cate 1S 1n
compl1ance w1th the m1n1mum requ1rements of the Hopk1ns Un1form
BU1ld1ng Code and all other related codes, ord1ances, statutes
and requ1rements perta1n1ng to ord1nances, statutes and
requ1rements perta1n1ng to commerc1al fac1l1t1es.
c. CERTIFICATE EXPIRATION occurs whenever any change occurs
1n the occupancy or ownersh1p of any such bU1ld1ng or structure
other than res1dent1al dwell1ngs or a change 1n the use or uses
to Wh1Ch commerc1al fac1l1t1es are ut1l1zed, or upon the
passage of three (3) years, wh1chever shall come f1rst.
d. COMMERCIAL FACILITIES means any bU1ld1ng, structure,
prem1ses, or fac1l1ty Wh1Ch supports, shelters, or encloses any
bus1ness, occupat1on, employment, or enterpr1se where1n
merchand1se 1S exh1b1ted or sold, or Wh1Ch occup1es t1me,
attent1on, labor, and mater1als, or where serV1ces are offered
for compensat1on, and Wh1Ch 1S taxable and for prof1t.
e. INSPECTION means 1nspect1on of structures by the Hopk1ns
BU1ld1ng Inspector and F1re Marshal.
f. MINIMUM REQUIREMENTS means those requ1rements or standards
Wh1Ch are generally 1n effect and requ1red together w1th and
lnclud1ng 1mmed1ate health and safety hazard standards as
orda1ned, passed and adopted by the C1ty of Hopk1ns.
g. OWNER OR OCCUPANT
partnershlp, assoc1at1on,
other ent1ty WhlCh owns,
such commerc1al fac1l1t1es.
means and 1ncludes any corporat1on,
organ1zat1on, 1nd1v1dual or tenant or
operates, manages, leases or rents
h. USES means the purpose or purposes for Wh1Ch a bU1ld1ng 1S
ut1l1zed or occup1ed.
1. REPORT OF BUILDING RECORD means a docurnen t 1ssued by the
Hopk1ns BU1ld1ng Inspector and F1re Marshal WhlCh descr1bes or
llStS all code v1olat1ons found upon 1nspect1on of such
commerc1al fac1l1t1es.
I
Sectlon II. CERTIFICATE OF OCCUPANCY. No owner or occupant
shall use or occupy any commerclal faclllty untll the Clty of
Hopkins has conducted an occupancy lnspectlon and lssued a
Certlflcate of Occupancy unless such owner or occupant after
recelpt of an lnspectlon report for such premlses lssued by the
Hopklns BUlldlng Inspector and Flre Marshal shall flle a
statement wlth the Hopklns BUlldlng Inspector or Flre Marshal
statlng hlS agreement to comply wlth and otherwlse remedy all
code vlolatlons contalned In sald report by a mutually
acceptable date, not to exceed 120 days from the date of sald
statement.
Sectlon III. OCCUPANCY OR POSSESSION OF UNCERTIFIED PREMISES.
No owner or occupant or any other person clalmlng or entltled
to possesslon or occupany of any commerclal faclllty shall
take, or contlnue to malntaln , use or occupy such possesslon
for WhlCh a valld certlflcate lS not on flle wlth the Clty of
Hopklns except such owner or occupant descrlbed In Sectlon 2
above as executed and dellvered to the Clty of Hopklns hlS
statement of lntent to comply.
Sectlon IV. ISSUANCE OF CERTIFICATE. Whenever such lnspectlon
and report lndlcates no code vlolatlon, a certlflcate shall be
lssued. All reports and certlflcates shall be kept on flle at
the offlce of the Hopklns BUlldlng Inspector and Fire Marshal
and a copy furnlshed to the owner, occupant or other authorlzed
person upon demand.
Sectlon V. APPEALS. Any owner, occupant or other person
aggrleved by any report of bUlldlng condltlon or by any denial
of any certlflcate may appeal from the actlon of the BUlldlng
Inspector and Flre Marshal to a Hopklns appeals board appolnted
by the Clty Councll and the declslon and order of such appeals
board shall supersede the declslon and order of such Inspector
or Flre Marshal and shall be blndlng upon all partles to such
appeal.
Sectlon VI. PENALTIES. Any owner or occupant who vlolates any
of the terms or provlslons of thlS Ordlnance or who falls to
comply with any report or order lssued by the Hopklns BUlldlng
Inspector and Flre Marshal Wl thln 120 days from the date of such
report or order or from the date of any agreement or statment
made pursuant to Sectlon 2 shall be gUllty of a mlsdemeanor.
Each day sald owner or occupant falls to comply wlth any such
report or order shall constltute a separate offense and such
separate offenses may be alleged In one pleadlng or complalnt
and heard or trled at one hearlng or trlal wlth separate
penaltles resulting or lssued therefrom.
In addltlon thereto, the BUlldlng Inspector and Flre Marshal
may post sald bUlldlng or structure by approprlate slgns or
notlces prohlbltlng occupancy thereof and may by approprlate
actlon In law or equlty caused such premlses to be and remaln
vacant untll cited code vlolatlon and a certlflcate lssued.
Flrst read at a regular meetlng of the Councll of
February 5, 1985 and flnally read, approved, adopted
regular meetlng of sald Councll of sald Clty 0
Hopklns held
publlshed at a
, 1985.
/,
J. SCOTT RENNE
Clty Cl'erk
.TERRE A. MILLER
Clty Attorney