Ordinance 81-4880
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CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 81 -488
AN ORDINANCE REQUIRING INSPECTIONS AND ISSUANCE
OF CERTIFICATES OF CODE AND HEALTH AND SAFETY
COMPLIANCE, AND REGULATING TRANSFER AND OCCUPANCY
OF CERTAIN RESIDENTIAL PREMISES AND ESTABLISHING
FEES
BE IT ORDAINED by the City Council of the City of Hopkins as follows:
Section 1. DEFINITIONS: Whenever used in and for the enforcement
of this Ordinance the following words, titles or phrases shall have the
following meanings:
(a) CERTIFICATE means Certificate of Code and Health and Safety
compliance.
(b) CERTIFICATE OF CODE AND HEALTH AND SAFETY COMPLIANCE means an un-
expired document issued by the Hopkins Inspection and Zoning
Division of the Department of Public Works, and /or including the
Hopkins Fire Marshal, hereinafter also referred to as Building
Inspector, which certifies that such premises on the date of such
Certificate are in compliance with the minimum requirements of
the Hopkins Uniform Housing Code and all other related codes,
ordinances, statutes and requirements pertaining to the health
and safety of any occupancy thereof.
(c) CERTIFICATE EXPIRATION occurs whenever any change, addition or
remodeling of any electrical, Plumbing, heating, gas, sewer or
other facilities are installed, altered, extended, relocated or
in any way changed in or on such premises without the issuance
of a proper building or installation permit therefor, or at the
expiration of two yearafter the date of the existing certi-
ficate, whichever date is sooner.
(d) CODE means and includes any and all of the provisions, instruments,
exhibits and documents set forth and adopted by the City of
Hopkins in its Ordinance No. 79 -464 and Ordinance No. 81 -487, ex-
cept those portions thereof which may be hereinafter expressly
eliminated and except any provisions exempted by a Special Use
Permit issued by the Building Inspector.
(e) DWELLING UNIT means and includes a single family, private, inde-
pendent living space or quarters consisting of at least facilities
for bathing, food preparation and consumption, sleeping and other
related purposes.
(f) FAMILY means and includes one or more persons related by blood or
marriage; or not more than three (3) persons, excluding servants,
not so related by blood or marriage, living together in a dwelling
unit.
(g) INSPECTION shall mean inspection of structures, premises, dwelling
units or property by the Hopkins Building Inspector, and /or Fire
Marshal.
(h) MINIMUM REQUIREMENTS means those requirements or standards which
are generally in effect and required for residential premises at
the date of the construction thereof, together with and including
all of the immediate health and safety hazard standards as set
forth in the pertinent codes as passed and adopted by the City of
Hopkins in Ordinance No. 79 -464 and Ordinance No. 81 -487, and in
the Uniform Condominium Act of the State of Minnesota.
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(i) OWNER or PERSON means and includes any person, organization,
Cooperative Partnership, lessor, Association, Corporation or other
entity which owns, operates or manages by Deed or other instrument
of conveyance or lease any residential premises, and includes any
person, Firm or Corporation employed for the purpose of selling,
leasing, renting, or otherwise conveying or managing such premises
including a guardian, administrator, executor, trustee or other
agency acting for the owner, and further including any person or
committee supervising, policing or maintaining any Cooperative or
other common dwelling area units, or any Condominium unit owners
Association, or any Apartment caretaker or manager.
(j) PURCHASE AGREEMENT means and includes any agreement, contract for
deed, deed, lease for a period of more than five (5) years, or
any other instrument of transfer or conveyance of any Residential
Premises, but not including any such transfer or document made
solely for perfecting title.
(k) REPORT OF RESIDENTIAL BUILDING RECORD means a document issued by
the Hopkins Building Inspector and /or Fire Marshal, which des-
cribes or lists all code violations found upon such inspec-
tion as well as other housing or Fire Code violations existing in
any residential premises.
(1) RESIDENTIAL PREMISES means and includes all buildings and any an-
cillary structures in connection therewith intended or used for
residential purposes including all Condominiums, Apartments, Co-
operative residential units, Leases for periods over five (5) year:
and other multiple dwelling units, or structures, EXCEPT detached
independent one and two family dwelling units.
Section 2. CERTIFICATE OF HEALTH AND SAFETY COMPLIANCE FOR OCCUPANCY
REQUIRED: Any owner of any residential premises who lists advertises or
otherwise offers to sell any such premises in the City of Hopkins hereafter
shall on the date of the execution of any purchase agreement therefor fur-
nish to the buyer or his agent a valid Certificate of Health and Safety
Compliance pertaining to such premises unless such buyer, after receipt of
a Report of Residential Condition and Building Record for such premises,
issued by the Hopkins Building Inspector from such owner, waives such
Certificate and files a sworn statement and agreement with the Hopkins
Building Inspector agreeing to remedy all of the code violations per
taining to siad premises described in such Report within ninety (90) days
from the date of such sworn statement, which agreement shall be accompanied
by a performance bond or other security guaranteeing the cost and perfor-
mance of the required repairs and renovations.
Section 3. OCCUPANCY OR POSESSION OF UNCERTIFIED PREMISES. No buyer
or any other person claiming or entitled to possession or occupancy shall
take or maintain such possession of any residential premises for which a
valid certificate is not on file, except a buyer described in Section No.
2 above, who qualifies by agreeing to remedy code violations therein
set forth.
Section 4. APPLICATION FOR REPORT OF RESIDENTIAL RECORD OR FOR A
CERTIFICATE OF HEALTH AND SAFETY COMPLIANCE shall be made in writing upon
forms furnished by the City of Hopkins. It shall include, but not be
limited to, at least the following questions and information:
(a) Name and address of owner of record.
(b) Name and address of unrecorded owner, if any
(c) Address and legal description of premises.
(d) Zoning use of premises.
(e) Year when dwelling unit was first erected.
(f) Building Permit date and number.
(q) Dates of any additions or alterations and permit numbers therefor.
(h) Date of last inspection by the HOpkins Building Inspector.
(i) Such other information as may be required re condition /Of premises.
C;) Section 5. FEES, COSTS AND EXPENSES. Each applicationshall be accom-
panied by such fees as the City Council may, from time to time, establish
by Resolution or by Ordinance, and in addition thereto each owner or appli-
cant shall pay on demand any and all costs and expenses for any special
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services or inspections that may be required by the City in connection
with any inspections.
Section 6. INSPECTION AND ISSUANCE OF REPORT. The Hopkins Building
Inspector shall within thirty (30) days of the date of such application
enter upon and inspect the premises involved and issue a Report of Residen-
tial Building Record covering such premises.
Section 7. CERTIFICATE, ISSUANCE OF. Whenever such inspection and
report indicates no code violations a Certificate shall be issued.
Section 8. NON COMPLIANCE OF PREMISES. Whenever such Report indicates
any substandard building or conditions, the owner shall, not later than
ninety (90) days from the date of such Report correct or remove all such
code violations pursuant to permit therefor and shall thereupon
notify the Building Inspector of such corrections in writing, whereupon, if
all such conditions have been remedied, a Certificate shall be issued.
Section 9. CERTIFICATES AND REPORTS FURNISHED. All Reports and Certi-
ficates shall be kept on file at the office of the Hopkins Building Inspec-
tor and a copy thereof shall be furnished to the owner or other authorized
person upon demand.
Section 10. APPEALS. Any owner or otp.er person aggrieved by any
C Report of Residential Building Record or'ay denial of any Certificate may
appeal eal from the action of the Building Inspector to a Hopkins Appeals
Board, appointed by the City Council and consisting of three (3) members
of the City Council and the
decision and order of such appeals board shall supersede the decision and
order of such inspector and shall be binding upon all parties to such
appeal.
Section 11. PENALTIES. Any owner who violates any of the terms or
provisions of this ordinance or who fails to comply with any report or
order issued by the Hopkins Building Inspector or Fire Marshal within ninet:
(90) days from the date of such report or order, or from the date of any
Agreement or sworn statement made pursuant to Section 2 of this ordinance,
shall be guilty of a petty misdemeanor.
Each day that the owner fails to comply with any such report or order
shall constitute a separate offense, and such separate offenses may be
alleged in one pleading or complaint and heard or tried at one hearing or
trial with separate penalties resulting or issued therefrom.
In addition thereto, the Building Inspector or Fire Marshal may post
said premises by appropriate signs or notices prohibiting occupancy thereof
and may by appropriate action in law or Equity cause such premises to be
and remain vacant until such code violations are remedied and a
Certificate is issued.
First read at a regular meeting of the Coun
held March 17, 1981, and finally read, approv
published at a regular meeting of said Counc
1981.
H.E. RICHARDSON,
City Clerk
JOSEPH C. VESELY,
City Attorney
Published in the HOPKINS SUN, April 15, 1981.
.1/6f the City of Hopkins
opted and o"xdered
aidC'ty on Aril 7,
Mayor
A meeting of the Hopkins Omnibus Commission was held on Tuesday, March 10,
1981, at .7:30 p.m., in the Conference Room in the City Hall, to review the
pending Hopkins Ordinance No• 8 -488 "AN ORDINANCE REQUIRING g p 1 ORDI ANCE QUIRING INSPECTIONS
AND ISSUANCE OF CERTIFICATES OF CODE AND HEALTH AND SAFETY COMPLIANCE, AND
REGULATING TRANSFER AND OCCUPANCY OF CERTAIN RESIDENTIAL PREMISES AND
ESTABLISHING FEE
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Present were Chairman James Griggs, members Linda Hines, Robert Harrigan,
Albert DeCosse, Council representative Jennie Arimond, and staff representa-
tives City Manager Craig, City Clerk Richardson and Housing Inspector Opitz.
The proposed Ordinance was discussed at length, Linda Hines approved said
Ordinance as long as it did not includeisingle family homes. James Griggs
0 questioned the wording in Section 2 8 of substandard conditions the
Commission felt code violations would make more sense. They also felt there
should be an expiration date or length of time to a valid certificate if
not acted upon and they also wanted to be assured that the appeals process
would be quickly acted upon.
Robert Harrigan _felt this Ordinance excellent as to its application to multi
family dwelling problems based on our previous studies regarding inspections
of multi family housing.
Mr. Harrigan moved, and Ms. Hines seconded the motion, to approve and agree
to the content of the Ordinance. Motion carried unanimously.
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H.E. Richardson
City Clerk