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CR 12-012 Ordinance Amending Section 405 of The Hopkins City Code.us. ue of" • April 3, 2012 C 0 Council Report No. 2012-012 ORDINANCE AMENDING SECTION 405 OF THE HOPKINS CITY CODE Proposed Action Staff recommends that the Council approve the following motion: Move to approve Ordinance 2012-1044 for first reading. Overview Ordinance No. 2012-1044 revises various portions of Section 405 - Property Maintenance Code. In addition to editorial changes there are a number of more substantive changes that include: • Adopting the 2006 edition of the International Property Maintenance Code (IPMC) Primary Issues to consider • Benefits of the updated International Property Maintenance Code. SupportinIz Documents • Analysis of the Issues • Ordinance 2012-1044 1� Christopher P. Kearney Building Official Financial Impact: $ None Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: • Council Report 2012-012 Page 2 Analysis of the Issues Benefits of the updated International Property Maintenance Code (IPMC) • The major change to this section is the adoption of the most current edition of the 2006 International Property Maintenance Code (IPMC). The 2006 International Property Maintenance Code replaces the 2000 version. These codes are very similar except there have been some language changes since the first edition clarifying some sections so as to be easier for the jurisdiction to interpret and enforce. It is a companion code to the building and mechanical code adopted by the State of Minnesota and is designed to work in conjunction with these codes. Many cities in the metro have adopted the International Property Maintenance Code in the last few years and are enforcing this code for their rental and local property maintenance code. The effect on our inspection, of adopting the new International Property Maintenance Code, is small due to the fact that many of the additions and deletions in the 2006 edition of the IPMC were already in City Code Section 405 and were being enforced. Many sections of Section 405 have since been added into the 2006 IPMC through the code change process. Since these sections of 405 are no longer needed, they are being deleted. Other changes have been made so the City Property Maintenance Code is not more restrictive than the MN State Building Code. Alternatives 1. Approve the Ordinance 2012-1044 for first reading. 2. Do not approve Ordinance 2012-1044 for first reading. Staff recommends Alternative #1. 0 • • • CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE 2012-1044 AN ORDINANCE AMENDING SECTION 405 OF THE HOPKINS CITY CODE The City Council of the City of Hopkins does hereby ordain: Section 1. The Hopkins City Code, Section 405 Property Maintenance Code, is hereby amended to read as follows: 405.01. International Property Maintenance Code Adopted. Subd. 1. The International Property Maintenance Code (IPMC), 2890 2006 Edition, published by the International Code Council, Inc., is adopted by reference, subject to the changes set forth in Subd. 2, below. Subd. 2. For the purposes of this Section IPMC is amended as follows: Section 101.1 Insert the name "City of Hopkins" Section 102.3 In the first sentence, delete the terms: "International Building Code, International Plumbing Code, International Fuel Gas Code, International Mechanical Code..." and replace with "Minnesota State Building Code, as defined in Minnesota Rule' 1300.0020". And, in the second sentence delete the term "International Zoning Code" and insert "Hopkins Zoning Code, as defined by Hopkins Ordinance 515.01". Section 102.7 Revise the paragraph as follows: "The codes and standards referenced in this code shall be those that are listed in the Minnesota State Building Code and considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the Minnesota State Building Code, the most tr-i the Minnesota Building Code shall apply. Section 103 Delete sections 103.1, 103.2, 103.3, and 103.5 103 in their entirety. Section 106.2 Delete the term "Section 107" and insert "Section 355 or Section 405.05 of the Hopkins City Code". Section 106.3 Delete the term "Section 107" and insert "Section 355 or Section 405.05 of the Hopkins City Code". Section 106.4 Delete in its entirety. Section 107 Delete in its entirety. Section 108.3 Delete the references to "Section 107.3" and "Section 107.2" and insert "Section 355 or Section 405.05 of the Hopkins City Code". Section 109 Delete in its entirely. Section 110.1 In the first sentence delete the term "shall" and replace with the term "may". Section 110.2 Delete the term "Section 107" and insert the term "Section 355 or Section 405.05 of the Hopkins City Code". Section 201.3 Delete the terms "International Building Code, International Fire Code, International Zoning Code..." and insert "Minnesota State Building Code, as defined in Minnesota Rule 1300.0020, Minnesota State Fire Code, as defined in Minnesota Rules Chapter 7511, and the Hopkins Zoning Code, as defined by Hopkins Ordinance 515.01". Section 202 Amend as follows "Code Official. The official who is charged with the administration and enforcement of this code, or any duly authorized representative. For the purposes of this Code, the Code Official shall be the Building Official of the City of Hopkins." Section 302.4 Delete in its entirely. Section 302.8 Delete in its entirety. Section 302.9 Delete in its entirety. Section 3034 Delete in its entirety. Section 303.3 304.3 Delete in its entirety. • Section 393.E 304.6 Amend by deleting the entire provision and inserting the following language: "Exterior Walls. 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: a) The protective surface is paint which is blistered or peeling 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; b) More than twenty-five percent (25%) of the finish coat of a stucco wall is worn through or chipped away." Section 303.14 304.14 Amend by inserting the following dates "May 1" and October 1" and Fevise the end of the last sentenee as fellews• "...and n door ed fe eet ^^"+" Section 304.18.1 Delete in its entirety. Section 304.18.3 Delete in its entirety. Section 306.1 Insert "existing" at the start of the second sentence before the word handrails Add the following after the exceptions "Any new guardrail or handrail added shall be installed to meet the requirements in the current Minnesota State Building Code. Section 39307 Delete in its entirety. (Note: Covered by City Code section 605.) is Section 401.3 Delete the term "International Building Code" and insert the term "Minnesota State Building Code, as defined in Minnesota Rule 1300.0020". • Section 403.3 Add edit second exception as follows: "For purposes of this section, devices such as coffee pots, microwave ovens, hot air popcorn poppers, and similar appliances shall not be considered as cooking appliances. Hot plates, electric fry pans, toasters, slow cookers, and similar appliances are not permitted." Section 404.2 Replace the dimension "3 feet" with "thirty (30) inches". 20M.W1 W, .. ,., , .. _ - MrMTOTIM .. Section 502.4 Delete in its entirety. Section 502.4.1 Delete in its entirety Section 503.3 Delete in its entirety. Section 505.1 Delete the term "International Plumbing Code" and insert the term "Minnesota State Plumbing Code, as set forth in Minnesota Rules Chapter 4715." Section 602.2 Amend the first sentence by deleting the numbers "65" and Il1V 4'20"and inserting the numbers " " and -"19" and delete everything after the phrase "toilet rooms based on" and insert "a winter outdoor design temperature of minus 12 degrees Fahrenheit." Delete the exception. Section 602.3 Amend the first sentence by inserting the following dates in the brackets: October 1, May 15 and by deleting the 4gu- er-S "6-`" " " "20"and inserting the numbers "68" and "19". Section 602.3 Amend the exception by deleting the words "the winter outdoor design temperature for the locality" and inserting "minus 12 degrees Fahrenheit" and by deleting the last sentence. Delete Exception Number 2. Section 602.4 Amend the first sentence by inserting the following dates in the brackets: October 1 May 15 Section 604.2 Amend by deleting the term "ICC Electrical Code" in the first sentence and insert "State Electrical Code as set forth in Minnesota Rule 1315.0200". Section 606.1 Amend by deleting the term "ASME A17 1" in the first and third sentences and insert "Minnesota State Building Code, as defined in Minnesota Rule 1300 0020" Delete everything in the last sentence starting with "Appendix N" isSection 702.2 Amend by deleting the term "International Fire Code" and inserting the term "Minnesota State Fire Code, as defined in Minnesota Rules Chapter 7511". Section 702.3 Amend by deleting the term "International Building Code" and inserting the term "Minnesota State Building Code, as defined in Minnesota Rule 1300.0020". Section 702.4 Afflead by deleting the tefm "Inteffiat-ienal Building -Code" And inserting the Section 704.1 Amend by deleting the term "International Fire Code" and inserting the term "Minnesota State Fire Code, as defined in Minnesota Rules Chapter 7511" and "Minnesota State Buildiny, Code, as defined in Minnesota Rule 1300.0020". Section 704.2 Amend by deleting the term "International Fire Code" and inserting the term "Minnesota State Fire Code, as defined in Minnesota Rules Chapter 7511". Amend by deleting number 2(two) "In each room used for sleeping purposes". Section 704.3 Amend the exception by deleting everything starting with the word "unless". Section 704.4 Amend exception number two by deleting everything starting with the word "unless". Subd. 3. Where there is any conflict between the provisions of the IPMC 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 the IPMC hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any 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 405.05. Compliance. Subd. 1. The City Manager shall designate the Building Official to administer and to enforce the provisions of this Chapter. The Building 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 Building Official determines that a premise fails to meet any provision of the IPMC, the Building 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 writing; (a) Describe the location and nature of the violations of the IPMC 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 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; (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. 405.09. Emergency Cases. When the Building Official determines that a violation of this Section constitutes an imminent peril to life, health, safety or property and there does not exist sufficient time to follow the procedures set forth in Section 405.05, the Building Official may take appropriate action to correct the violation by the procedure set forth below. Subd. 1. Order by City Manager. The Building Official shall obtain from the City Manager or the City Manager's designated representative, a written Administrative Order directing the Building Official to correct the emergency situation. A good faith effort shall be made to inform 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 Building 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 correcting the emergency; (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 Building Official's actions and the possible assessment of costs. The request for hearing shall be in writing and submitted to the City Clerk within ten (10) working days of the date of the notice. Subd. 3. Hearing Date. In the event that the owner files a request for a hearing with the City Clerk, the City Council shall within three weeks fix a date for a public hearing. Subd. 4. Hearing. The appellant, the appellant's representative, the building official Building Official and any other person whose interests are affected by the Compliance Order shall be given an opportunity to be heard. Subd. 5. Written Opinion. The City Council shall render a written opinion no later than the third regularly scheduled City Council meeting following the Appeal Hearing. The City Council_may adopt a resolution levying an assessment for all or a portion of the costs incurred in correcting the emergency. A copy of the decision and the resolution shall be served upon the Appellant in the manner set forth in Section 405.05, Subd. 2(e). 405.11. Penalties. A person who violates the provisions of Section 405 may be charged with a misdemeanor or be subject to the _issuance of an administrative citation as provided in section 355. Each day that a violation continues shall be deemed a separate offense. The Building 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 corrected. (Section 405 was amended in its entirety by Ord. 95-763 and Ord. 95-764. Ord. #95-764 created Section 407) (Amended Ord 2002-888) (Amended Ord 2012-1044) Section 3. The effective date of this ordinance shall be the date of publication. First Reading: April 3, 2012 Second Reading: April 17, 2012 Date of Publication: April 26, 2012 Date Ordinance Takes Effect: April 26, 2012 ATTEST: Kris Luedke, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date • 9 Eugene Maxwell, Mayor Date