Memo: Second Reading of Ordinance 2012-1044 (Property Mainances Code)Memorandum
To: Hopkins City Council
From: Christopher P. Kearney, Building Official
Date: April 17, 2012
Re: Second Reading of Ordinance 2012-1044
ORDINANCE 2012-1044 Amending Property Maintenance Code
Staff recommends that the Council approve the following motion: Move that the Hopkins City
Council approve Ordinance 2012-1044 for second reading, approve the Summary Ordinance 2012-
1044, order Summary Ordinance 2012-1044 published and posted at the Hopkins Library.
This ordinance has not changed since the first reading. Since the first reading it has been reviewed
by the City Rental Housing Inspector Mark Lucht, Property Maintenance Inspector Liz Page and
Building Official.
It requires a four-fifths vote of the City Council to approve the publication of the summary ordinance.
The effective date has been set as April 26, 2012.
City Attorney has reviewed the proposed ordinance.
Attachments:
Summary Ordinance 2012-1044
Ordinance 2012-1044
CITY OF HOPKINS COUNTY OF HENNEPIN
SUMMARY OF
ORDINANCE NO. 2012-1044
AN ORDINANCE REVISING VARIOUS SECTIONS OF THE CITY
CODE RELATED TO THE PROPERTY MAINTENANCE CODE
The following is a summary of the major revisions of the ordinance:
Section 405 Property Maintenance Code
• Adopts the 2006 edition of the International Property Maintenance Code.
• Removes sections of the existing Section 405 that are now part of the
2006 edition of the International Property Maintenance Code.
A printed copy of the entire ordinance is available from the City Clerk and at the
Hopkins library.
First Reading of Ordinance 2012-1044
April 3, 2012
Second Reading of Ordinance 2022-1044
April 17, 2012
Publication of Summary Ordinance 2012-1044
April 26, 2012
Effective Date of Ordinance 2012-1044
April 26, 2012
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), 2000- 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 mest festFietive the Minnesota Building
Code shall apply.
Section 103 Delete sections 103.1, 103.2, 103.3, and 103.5 103.6 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 3$3.3 304.3
Delete in its entirety.
Section 303 304.6 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" mise -the
And of `r-che last sentence as- OIIOWS: "... „tel ON'effSff8efi deE),- ed f eGt
eentfol shall have a self elosing deviee in good wofldng eendition."
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
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be installed to meet the requirements in the current Minnesota State Building
Code.
Section 395-307 Delete in its entirety. (Note: Covered by City Code section 605.)
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 a Edit second exception as follows: "For purposes of this section, devices
such as coffee pots, microwave ovens, hot air popcorn poppers, slow cookers,
toasters and similar appliances shall not be considered as cooking appliances.
Hot plates, electric fry pans, mss, slow eeekefs, and similar appliances are
not permitted."
Section 404.2 Replace the dimension "3 feet" with "thirty (30) inches".
Living Reem Requifements. gvefy bedFoom and living feem shall eemply with
the r-equiFemeants off 9 -e -e -ARMS 404.4.1 thr-augh 404.4.5.2
Seefien 404.4.1 Delete the eur-r-ent sentenee and insei4 the fellewing language: "Room Afea.
Ever -y living room shall eentain at least 120 squafe f�et and eveFy bedr-eom shall
eeetipying a dwelling unit shall fiet ereate conditions whieh, in the opinion ef the
building effleial, endangef 4he life, health, safety, or- welfafe of the eeeupafits".
Table 404.5 SecAiens 404.5.1 -and 494.5.2 Delete is theif enti ety
Section 502.4 Delete in its entirety.
Section 502.3.1 Delete in its entirety
Section 503.3 Delete in its entirety.
Section 505.1 Delete the term "International Plumbing Code" and insert the tern "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 "19L
"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 iL4P "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.
3
Section 602.4
Amend the first sentence by inserting the following dates in the brackets:
October 1 May 15 and delete wand 490 and replace with 68 and 20c
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 AIT 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".
Section 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
" and inset4ifig
the ter-m «Minneseta State Building „
Section 704.1
Amend by deleting the teen "International Fire Code" and inserting the
term "Minnesota State Fire Code, as defined in Minnesota Rules Chapter
7511" and "Minnesota State Building 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
pu orp ses".
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:
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(a) Be in writing;
(b)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 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 Vinay
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
Eugene Maxwell, Mayor
Date
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature Date
D