2002-889
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE 2002-889
AN ORDINANCE AMENDING SECTION 406 OF THE HOPKINS CITY CODE
The City Council of the City of Hopkins does hereby ordain:
Section 1. The Hopkins City Code, Section 406 Truth In
Housing, is hereby amended to read as follows:
Section 406 - Truth in Housing
406.01. Purpose, For the benefit of the community, the City
of Hopkins has deemed it necessary and appropriate to
maintain, preserve and improve residential housing by
providing an orderly and effective way to insure compliance
with housing codes and provide an inspection system
applicable to increased concerns for the health, safety and
protection of its citizens.
406.03. Definitions. Subdivision 1. For the purpose of this
chapter, the following terms shall mean:
Subd. 2. "Building Official" shall be the building
official of the City of Hopkins or his authorized
designee.
Subd. 3. "Buyer" is a person who acquires real estate
by means other than descent or inheritance and usually
for money or the equivalent.
Subd. 2-4. "Certified Evaluator" means an individual
who holds a current Certified Evaluator Certificate as
issued by the City of Hopkins ~nd h~o proved
competency by h~ving ~ current ~nd une]~pired
certific~te of competency ~o iooued by the City of
Hinne~polio or the City of St. r~ul, ~nd Hho h~o ~
current inour~nce certific~te in force ~o required in
oection 106.05, Subd. 8, ~nd h~o p~id the required fee
~o eot~bliohed by reoolution from time to time by the
City Council.
Subd. 5 "Condominium" means a dwelling unit in a
building containing two or more dwelling units that is
separately owned and may be combined with an undivided
interest in the common areas and facilities of the
property. Each individual owner may sell or encumber
his/her own unit.
Subd. .a.~. "Dwelling unit" means a single Lnnily,
private, independent living space or quarters
consisting of at least facilities for bathing, food
preparation and consumptionL sleepingL and other
related purposes and also includes any accessory
structures in connection therewith.
Subd. 4. "F.J.mily" mC.J.no .J.n indi~vTidu.J.I or bw (2) or
more peroono rel.J.ted by blood, m.J.rri.J.ge, .J.doption, or
footer c.J.re, or .J. group of not more th.J.n four peroono
not 00 rel.J.tcd ffi.J.int.J.ining .J. common houoehold .J.nd
uoing common cooking o.J.nit.J.ry .J.nd o.J.nit.J.ry f.J.cilitieo.
Subd. -5-2. "Owner" or "peroon" means a person who owns
occupies or operates by deed or other instrument of
conveyance any premises; the term includes a person
employed for the purpose of selling or otherwise
conveying or managing such premises, including a
guardian, administrator, executor, trustee or other
agency acting for the owner; the term includes a
person or committee supervising, policing or
maintaining any cooperative or other common building
area, dwelling units, or any condominium unit owners
association.
Subd. -6!!. "Purchase agreement" means an agreement
deed, contract for deed or any other instrument of
transfer or conveyance of ~ residential or commerci.J.1
premiseB; the term does not include the transfer of a
document made solely for perfecting title.
Subd. =1-9. "Time of Sale". The time when a written
purchase agreement is executed by the buyer, or, in
the absence of a purchase agreement, prior to the
execution of any document providing for the conveyance
of .J. oinglc, two f.J.mily, three, four f.J.mily ~lelling
any condominium or townhouse or any building
containing one, two, three, or four dwelling units.
Subd. 10. Townhouse: A dwelling unit constructed in
a group of dwelling units attached to each other and
where each dwelling unit extends from the foundation
to the roof and is separated from other dwelling units
by property lines.
Subd. S.11. "Truth-in-Housing and Zoning Disclosure
Report." The written .J.nd oigned e~.J.lu.J.tion by .J.
certified e~.J.lu.J.tor, m.J.de on .J. form deocribed in
Section 106.05, Subd. 7, repreoenting to the .J.ctu.J.I
buyer of the dwelling e~.J.lu.J.ted th.J.t o.J.id peroon h.J.o
utilized the c.J.re .J.nd diligence re.J.oon.J.ble .J.nd
ordin~ry for one meeting the code of ethico ~nd
procedur~l guidelines for ev~lu~toro ~o eot~bliohed by
the city, ~nd h~o found no inot~nceo of noncompli~nce
~ith the items cont~ined on o~id form ~o of the d~te
thereon eJ~cept ~o opecific~lly deoign~ted thereon
report meeting the requirements of Section 406.05,
Subd. 2.
Subd. 9. "Truth in Houoing Zoning Report". The ',Jri tten
~nd oigned zoning ev~lu~tion by the City Zoning
^dminiotr~tor m~de on ~ form cont~ining the zoning
inform~tion required in Section 106,05, Subd. 7.
Subd. 10. "Reoidenti~l premioeo" me~no ~ny buildings
~nd ~ny ~ncill~ry otructureo in connection there~ith
intended or uoed for reoidenti~l purpooeo including
Dingle or t',1O f~mily d',JellingD, condominiums , multiple
reoidenti~l dwellingo, cooper~tive reDidenti~l unito.
Subd. 11. "Single or T"JO F~mily d"Jelling" me~nD ~ny
building cont~ining one or bJO dHelling uni to,
reg~rdleDD of ',Jhether they ~re mmer or NonO'vmer
occupied.
406.05. Truth in h~ousing and Zoning ~isclosure Report.
Subdivision 1. Required. No o',mer or ~gent of the mmer
oh~ll oell by eonvey~nce or contr~ct for convey~nce ~
oingle f~mily, t'"vJO f~mily, three or four f~mily d'"vi'elling,
including condominiums ~nd to',mhouseo, "d thin the city
"Jithout providing to the buyer, prior to the time of o~le,
~ Truth in Housing Zoning Report ~o deocribed in Section
406.03, Subd. 9 ~nd ~ Truth in Houoing Dioclooure Report ~o
deocribed in Section 106.03, Subd. 8 rel~ting to o~id
d~elling or premiDco, iooued ~ithin one (1) ye~r preceding
the time of o~le.
No owner, agent of the owner, or person licensed by the
State of Minnesota to sell real estate shall offer for
sale, exhibit, show, or sell by conveyance or contract for
conveyance any condominium or townhouse or any building
containing one, two, three or four dwelling units within
the City without providing to any potential buyer, prior to
the time of sale, an original or exact copy of a Truth-in-
Housing and Zoning Disclosure Report for the dwelling unit
or units offered for sale. The Truth-in-Housing and Zoning
Disclosure Report shall be made available for inspection at
the premise at all times that the premise is being offered
for sale. The Report shall have been issued within one (1)
year preceding the time of sale.
Subd. 2. Olimer diacloaurc. The Truth in Houoing
Diocloourc Rcport, oh~ll cont~in ~ ot~tement oigned by
the m;ner ~ckno',lledging (~) ~ny d~m~ge to the d',lelling
or i to contento by flooding, 1- (b) ~ny oe',;er b~ckup or
~ny evidence of chronic w~ter oeep~ge; (c) ~ny
~b~ndoned, unuDed, or unc~pped ',lello; or (d) ~ny
dioch~rge of otorm',;~ter, ground',;~ter, roof runoff,
y~rd dr~in~gc, found~tion dr~ino, or Dump pumpo into
the o~nit~ry oewer. The Truth in Houoing Dioclooure
Report io not deemed 'v'~lid ',;i thout the ~forementioned
oigned Dt~tement. Further, no o~ner or ~gent of the
o',mer Dh~ll Dell ouch d',;elling ',;i thout providing to
the buyer ~ ot~tement of the n~ture, extent ~nd c~uoe
of ~ny ~~ter oeep~ge or flooding of ~ny portion of the
property T,Ji thin the kno',;ledge of the o',;ner.
Subd. 2. The Truth-in-Housing and Zoning Disclosure
Report and Inspection. A certified evaluator shall
conduct an inspection and prepare a Truth-in-Housing
and Zoning Disclosure Report for each dwelling unit
offered for sale. The Report shall be on forms
provided by the City. The forms shall provide
information concerning code requirements applicable to
existing condominiums or townhouses or any building
containing one, two, three or four dwelling units and
the disclosures referenced in this section,
In conducting the inspection and preparing the report,
the certified evaluator shall utilize care and
diligence, abide by the Code of Ethics, and follow the
City of Hopkins Truth-In-Housing Evaluators Guidelines
for certified evaluators established and issued by the
City. It shall be assumed that any concealed
facilities and installations that are not viewed are
adequate, based on the functional operations of the
facilities and installations and the condition of the
equipment that is viewed. For each area of the
dwelling evaluated, the certified evaluator shall
categorize the condition of the area as one of the
following:
1. Meets city requirements.
2. Below city requirements.
3. Repair/replace
4. Not applicable
Items categorized as Repair/replace shall be deemed to
pose an immediate danger to the health and safety of
the occupant.
The form shall include the following signed
disclosures by the evaluator:
1. Whether or not there are housing orders pending
on the property issued by the Inspections
Division.
2. If the current use is conforming or
nonconforming in accordance with the City
Zoning Ordinance. Nonconforming uses must be
verified in writing by the city zoning
administrator.
3.. The dwellings homestead classification in
regard to real estate taxes payable.
The form shall include the following signed
disclosures by the owner acknowledging:
1. Any damage to the dwelling or its contents by
flooding.
2. Any sewer backup or any evidence of chronic water
seepage.
3. Any abandoned, unused, or uncapped wells.
4. Any discharge of storm water, groundwater, roof
runoff, yard drainage, foundation drains, or sump
pumps into the sanitary sewer.
No Truth=in=HousingandZoning Disc16sUreRep6ftshall
be deemed valid without the aforementioned
disclosures. Further, no owner or agent of the owner
shall sell such dwelling unit without providing to the
buyer a statement of the nature, extent and cause of
any water seepage or flooding of any portion of the
property within the knowledge of the owner.
The Truth-in-Housing and Zoning Disclosure Report
shall be legible, be printed in ink or by other
permanent means, and be signed by the evaluator. Any
report revised by a certified evaluator shall be
identified as such and be submitted to the owner, the
owner's agent, the real estate agent hired by the
owner, and the city within one business day of
revision,
The inspection and report are not intended to be a
warranty and no warranty is expressed or implied,
Nothing in said report shall indicate, or shall be
deemed to indicate, that said dwelling unit meets all
minimum housing standards.
Subd. 3. Resale of dwellings. A new truth in houoing
dioclooure rcport Truth in Housing and Zoning
Disclosure Report shall be required for each change of
ownership or time of sale.
Subd. 4. ~~ailability of Documcnto. No peroon licenoed
by the St.J.te of Hinneoot.J. to Dell re.J.l eot.J.te oh.J.ll
offer for o.J.le by e){hibi ting or oho',;ing .J.ny one, bw,
three or four f.J.mily d',.elling, condominium or
tm:nhouoe, ',lithin the City ',lithout firot h.J.ving
obt.J.ined the documento .J.O oct out in Section 406.05,
Subd. 1. The report .J.O oct out in Section 406.05,
Subd. 1, oh.J.ll be m.J.de .J.v.J.il.J.ble for inopeetion .J.t the
premioeo for I,Thich they pert.J.in .J.t .J.ll timeD th.J.t ouch
dllelling io being offered for o.J.le.
Subd. S!. Exemptions. The provioiono of the Ch.J.pter
oh.J.ll not .J.pply to the o.J.le or eonveY.J.nce of .J.ny
Dingle f.J.mily, tuo f.J.mily, three f.J.mily, or four
f.J.mily dT,lelling to .J. public body nor to .J.ny nC.Jly
conotrueted d\lelling ,,,hen title io tr.J.noferred to the
firot o',mer or for one ye.J.r from the d.J.te of the fin.J.l
certifie.J.te of inopection or certifie.J.te of oceup.J.ncy.
The provisions of this chapter shall not apply to the
sale or conveyance of any condominium or townhouse or
any building containing one, two, three, or four
dwelling units:
1. To a federal, state, or local governmental unit,
2. When title is transferred to the first owner
following construction,
3. For one year from the date of the final
certificate of inspection or certificate of
occupancy of a newly constructed condominium,
townhouse or any building or structure containing
one, two, three, or four dwelling units.
4. From an owner to a relative. For purposes of
this exception, relative shall be defined as a
husband, wife, father, mother, son, daughter,
brother, sister, grandson, granddaughter,
grandfather, or grandmother.
Subd. 6. Forma. The city oh.J.ll prep.J.re or .J.uthorize
the uoe of form or formo .J.O it m.J.Y deem .J.ppropri.J.te to
conotitute .J. dioclooure under oection 406.05. The form
oh.J.ll provide inform.J.tion concerning code requiremento
.J.pplic.J.ble to exioting Dingle, two f.J.mily, three
f.J.mily, four f.J.mily dl.elling::;, condominium::; .J.nd
tm:nhoUDeD \;hich, \;hen not complied ',d th, conDti tute .J.
m.J.jor Dtructur.J.l defect or .J.n immedi.J.te d.J.nger to the
he.J.lth .J.nd D.J.fety of the occup.J.nt. The inform.J.tion
provided Dh.J.ll indic.J.te ~hether the condition rneetD
City requirementD, iD belm,' City requirementD, or iD
deemed to be h.J.z.J.rdouD .J.t the time .J.nd d.J.te of the
eV.J.lu.J.tion.
In m.J.king the eV.J.lu.J.tion, it Dh.J.ll be .J.DDumed th.J.t .J.ny
conce.J.led f.J.cilitieD .J.nd inDt.J.ll.J.tionD th.J.t .J.re not
vie~ed .J.re .J.dequ.J.te, b.J.Ded on the function.J.l
oper.J.tionD of the f.J.cilitieD .J.nd inDt.J.ll.J.tionD .J.nd the
condition of the equipment th.J.t iD vie~ed. No ~.J.rr.J.nty
iD eJrpreDDed or implied. In completing the form, the
eV.J.lu.J.tor Dh.J.ll be governed by .J.nd follo~ the code of
ethicD .J.nd guidelineD of procedure for eV.J.lu.J.torD .J.D
.J.mended from time to time by the City Council. The
form Dh.J.ll .J.IDO include the Digned Dt.J.tement by the
m:ner or .J.gent of the m:ner .J.D to \;hether or not there
.J.re houDing orderD pending reg.J.rding the property
iDDued by the Dep.J.rtment of InDpectionD, City of
HopkinD. The form Dh.J.ll .J.IDO include .J. determin.J.tion
~hether the preDent occup.J.ncy iD conforming or
nonconforming, .J.nd Dh.J.ll .J.IDO Dhow the preDent zoning
of the. d'"Telling. If nonconforming occup.J.ncy iD
cl.J.imed, .ouch nonconforming UDe Dh.J.ll be verified by
the City Zoning 7\.dminiDtr.J.tor in Hriting. The form
Dh.J.ll .J.IDO require diDcloDure by the owner of the
d'delling' .0 homeDte.J.d Cl.J.DDific.J.tion in reg.J.rd to re.J.l
eDt.J.te t.J.xeo p.J.Y.J.ble. The o',:ner Dh.J.ll provide .J. copy
of .ouch ~ritten verific.J.tion to the buyer prior to the
cloDing or fin.J.liz.J.tion of tr.J.nDfer of o',:nerDhip or
the buyer'D oigning of .J.ny contr.J.ct for deed. Nothing
in D.J.id report Dh.J.ll indic.J.te, or Dh.J.ll be deemed to
indic.J.te, th.J.t o.J.id d\;elling meetD .J.ll minimum houDing
Dt.J.nd.J.rdD.
Subd. ~5. Certified Evaluator Certificate. No
Certified Evaluator Certificate shall be issued or
renewed by the City of Hopkins without application on
the approved form and proof that the applicant has a
current unexpired certificate of competency as issued
by the City of Minneapolis or the City of St. Paul.
The applicant shall also show proof of general
liability insurance insuring the applicant with a
minimum limit of liability of two hundred fifty
thousand dollars ($250,000) general aggregate and per
occurrence and errors and omissions insurance with a
minimum limit of liability of two hundred fifty
thousand dollars ($250,000) which may include a
deductible not exceeding five thousand dollars
($5,000) and the certified evaluator shall maintain
insurance continuously in force thereafter and no
Certified Evaluator Certificate shall be deemed to be
in effect when such insurance is not in effect. The
city shall be included as a named insured on the
insurance required herein at the expense of the
certified evaluator. The certified evaluator shall
furnish the city with a certificate of insurance which
meets the city requirements. The applicant shall also
pay the fee as set forth by City Council Resolution.
No certified evaluator shall allow their Certified
Evaluator Certificate to be used by another person, No
person shall fill out a Truth-in-Housing and Zoning
Disclosure Report on the form preocribed in Section
406.05, Subd. 7 of thio ch~pter to be uoed ~o ~
dioclooure document ~o oct out in Section 106.05,
Subd, 1 without first obtaining and maintaining a
Certified Evaluator Certificate from the city as
provided for in this chapter.
Subd. &6. FeOD for certificateD and renelialD. Renewal
of Certified Evaluator Certificates. The holder of ~
Certific~te of Competency ~nd proof of inour~nee ~o
oct forth in thio ch~pter oh~ll, upon p~~~ent of ~n
~nnu~l fee ~o eot~bliohed by reoolution from time to
time by the City Council, h~ve o~id certific~te
renewed for the enouing ye~r. ~ holder of ~
certific~te oh~ll not ~llow o~id certific~te to be
uoed by ~nother peroon.
Certified Evaluator Certificates expire on December
31st of each year and must be renewed on an annual
basis. A renewal application provided by the City
shall be submitted each year prior to the renewal date
and shall include a renewal fee as established by
resolution of the City Council.
Subd . 7 Suspension or Revocation of Certified
Evaluator Certificates, Any certified evaluator's
certificate issued or proposed to be issued under this
chapter may be denied, revoked, suspended, cancelled
or not renewed by an administrative decision by the
building official if the applicant or evaluator:
1. Is convicted of any crime related to the licensed
occupation, pursuant to Minnesota Statutes,
Section 364.03, Subd. 2, and has not shown
competent evidence of sufficient rehabilitation
and present fitness to perform the duties and
responsibilities of the licensed occupation,
pursuant to Minnesota Statutes, Section 364.03,
Subd, 3.
2. In the application process for issuance or
renewal of a license knowingly falsifies,
conceals, misrepresents or misstates any material
fact or matter bearing upon the holder's
eligibility or competency.
3. Obtains, attempts to obtain, or assists another
in obtaining or attempting to obtain an
evaluator's license through fraudulent or other
improper means.
4. Fails to provide satisfactory proof of insurance
insuring the applicant/evaluator and the city or
allows such insurance to lapse.
5. Fails to pay the required fees.
6. Fails to promptly file any disclosure report.
7. Has been the subject of substantiated complaints
from residents using the applicant's evaluations
services.
8. Has demonstrated incompetence or inefficiency in
conducting evaluations.
9. Violates any of the provisions of this chapter or
any conditions provided for in the license issued
pursuant to this chapter.
10, Fails to abide by the code of ethics.
11. For just cause.
If the building official determines that a certified
evaluator's certificate should be denied, suspended,
revoked, canceled or not renewed under this section,
the building official shall send the applicant or
evaluator a notice of the denial, suspension,
revocation, cancellation or non-rerrewal.
1. The notice shall state the proposed action to be
taken and a summary statement of the reason or
reasons that such action is recommended.
2. The notice shall state that the proposed action
will become final unless the applicant or
evaluator files an appeal pursuant to section
406.05, subd. 8.
Subd. 8. Appeals, Procedures. Any applicant for a
certified evaluators certificate or any certified
evaluator aggrieved by any administrative decision of
the building official in accepting or rejecting any
application for a certified evaluator's certificate,
in determination of whether the evaluator is
qualified, or in the denial, revocation, suspension,
or 'non-renewal of a certified evaluator's certificate
may make an appeal to the City Council.
The City Council may modify, sustain, or quash all or
any portion of any order, interpretation, requirement,
decision, or other determination made by the building
official related to a certified evaluators
certificate. The Council may not grant exceptions to
the code or act on other unrelated appeals. A record
of the meetings shall be kept which shall include a
record of votes, findings, decisions, and official
actions.
Appeals must be in writing, must specifically address
the matter being appealed, must be filed with the
Inspection Division within 30 days of the decision of
the building official and be accompanied by a fee in
the amount of one hundred dollars ($100.00).
Written notice of the time and place of the hearing
shall be given at least ten (10) days prior to the
date of the hearing to the appellant by mail,
addressed to the appellant at the appellant's address
shown on the appeal. The City Council shall hear the
appeal and render its decision within forty~five (45)
days of the filing of the appeal.
Subd. 9. Hearings and Decisions. All hearings before
the City Council shall be open to the public. A
record shall be kept of all proceedings. The City
Council may make specific findings and/or conclusions
in connection with any decision upon any appeal. All
decisions of the City Council shall become final when
notice is communicated to the appellant in writing and
shall become effective and enforceable at such time or
at such alternative time as specified in the decision.
Subd. ~10. City employees not to be certified. No
employee of the City shall be certified under this
Chapter,
Subd. ~11. Residency or mailing requirements. Any
person certified under this Chapter shall cause to
keep registered with the city, his current residency,
or mailing address and telephone number.
Subd. ~12. Report filing and filing fees. Each Truth
in Rou8ing Certified Evaluator shall submit to the
city hou8ing in8peetor an exact duplicate or copy of
each Truth-in-Housing and Zoning Disclosure Report
within ten (10) days after the evaluation inspection
has been made. The ex~ct duplic~te or copy required
by thio oection oh~ll be of the fin~l report, either
type written or legibly printed in ink, ~8 furniohed
to the oeller. A filing fee as established by
resolution from time to time by the City Council,
shall be required ',lith accompany each evaluation
report fre submitted to the in8pector.
When 8~id Truth in Rouoing Dioclooure Report i8 not
filed, or the required filing fee therefore io not
p~id, within the ten (10) d~y time limit oet forth in
thi8 8ection, then the fee for 8uch filing of the
required report oh~ll be doubled. Further, f~ilure to
comply ',,ri th the pro7i8iono of thio oection \:i thin the
~fore8~id time limit~tiono m~y be juot C~U8e for the
to re70ke the Certific~tion of the e7~lu~tor,
When a Truth-in-Housing and Zoning Disclosure Report
is not filed with the City within ten (10) days of the
evaluation inspection, it shall become null and void.
Subd. ~13. Mandatory correction of hazardoua
repair/replace items. The following items wfierr
di8co7ered by the e7~lu~tor shall be identified by the
certified evaluator as R~z~rdou8 Repair/Replace and
lioted be marked as such in the Truth-in-Housing and
Zoning Disclosure report.
1. C~o piping rem~ining ~fter the
dioconnection of ~n ~ppli~nce th~t h~o not
bcen properly plugged or c~pped.
2, W~ter he~ter8 ~nd furn~ce8 in ~ tight,
confined op~ce th~t ~re not pro7ided with
proper combuotion ~ir by ~n opening or
opening8 in the enclo8ure. The open ~re~
of the combuotion ~ir int~ke oh~ll not be
~ny le88 th~n the ~re~ of the common flue
or flue8 of the ~ppli~nceo within the
enelo8ure.
3. W~ter he~tero ~nd hot w~ter boilero
without ~n oper~ble pre88ure or
tcmper~ture relief ~J~17e, or \Jhere the
dr~in piping for thi8 ~~l~e i8 either
underoized, or not eJrtended to ',d thin 18 "
of the floor."
4. C~8 fired ~ppli~nceo, ~~ter he~tero, ~nd
furn~ce8 not pro~ided ~ith ~ dr~ft hood
(di ~erter) or 'vJhich ~re exhibi ting b~ck
opill~ge of producto of combuotion ~t the
dr~ft hood.
5. ~ny free ot~nding op~ee he~ter8 loc~ted in
bedroomo or b~throomo ~hich t~ke their
combuotion ~ir from the room in \;hich they
~re loc~ted.
6. nny he~ting pl~nt, w~ter he~ter or other
fuel burning equipment th~t h~8 miooing or
~iou~lly defecti~e required o~fety
controlo.
;. ~ ~ent oyotem for ~ny fuel burning
~ppli~nce th~t h~o ruot hole8, or open
jointo.
8. ~ ~ent oyotem or fuel burning ~ppli~nce
th~t ~iou~lly doe8 not h~~e 8ufficient
cle~r~nce to combu8tible8 8uch th~t in the
opinion of the e~~lu~tor ~n imminent fire
h;J.z~rd eJdoto.
9, ~ny room being u8ed for 81eeping purpo8e8
th~t doe8 not h~~e ~n ~ppro~ed emergency
egreoo door or 'v;indm; except 81eeping
rOOffi8 leg~lly conotructed ~ithout them.
10. L~ck of or inoper~ble kitchen 8ink,
~;J.ter clo8et, l~~~tory, b~thtub or 8houer.
11. L~ck of 8moke detector8 ~8 required by
St~te L~\;. B~ttery pmlered detector8 m~y
be uoed.
12. ~ny other condition ',;here in the
opinion of the e~~lu~tor ~ di8tinct
imminent life thre~tening h~z~rd to the
oceup~nto of the 8trueture exi8t8.
1. Leaking gas lines or gas appliance
connections that are not properly capped.
2. Electrical systems where any of the
following occur:
a. Over-fusing of circuits.
b. Bare, exposed, or uninsulated wiring.
c. Electrical wiring or fixtures that pose a
shock hazard.
d. Use of materials for permanent wiring that
were not intended or designed for such
use.
3. Plumbing systems where any of the following
occur:
a. Lack of or inoperable kitchen sink, water
closet, lavatory or bathtub or shower
including lack of or insufficient hot
and/or cold running water.
b. Fixtures, waste or vent piping, or traps
that permit the introduction of sewage or
sewer gas into the dwelling.
c. Water supply lines serving lawn irrigation
systems, boilers, or other fixtures or
equipment where back flow prevention is
required but that are not provided with a
backflow preventer.
4. Water heaters, hot water boilers, furnaces,
or other fuel burning equipment where any of
the following occur:
a. Lack of or inoperable pressure/temperature
relief valve on water heaters or boilers.
b. Relief drain piping that is undersized,
does not extend to within 18 inches of the
floor, or is plugged or capped.
c, Fuel burning appliances that are located
in a tight, confined space and are not
provided with proper combustion air by an
opening or openings in the enclosure. The
open area of the combustion air intake
shall not be less than the area of the
common flue or flues of the appliances
within the enclosure.
d. Gas fired appliances, water heaters, and
furnaces not provided with a vent when
required by the appliance listing or not
provided with a draft hood (diverter),
that are exhibiting back spillage of
products of combustion at the draft hood,
or that show signs of leakage or cracks in
the combustion chamber.
e. A chimney or vent system for any fuel
burning appliance that lacks sufficient
clearance to combustible materials; has
rust holes, open joints, or an improper
pitch; lacks proper supports; is not
properly sealed to the chimney; or because
of deterioration poses a fire or imminent
health risk.
f. Any fuel burning freestanding space
heaters located in bedrooms or bathrooms,
which take their combustion air from the
room in which they are located.
g. Any heating plant, water heater or other
fuel burning equipment that has missing or
visually defective required safety
controls (e.g. cutoff switch, PRV, etc.).
5. Lack of, improperly installed, or inoperable
smoke detectors as required by State Law.
Battery powered detectors may be used.
6. Any room or structure where any of the
following exist:
a. Unsanitary conditions or an accumulation
of clutter to the extent that constitutes
a fire or health hazard to the occupants
or to the public.
b. Vermin or rodent infestations.
c. Broken or jagged panes of glass.
7. Foundations, walls, ceilings, roofs,
chimneys, or any other structural member
exhibiting structural damage or
deterioration such that failure or collapse
of the member is imminent.
8. Dwelling units, rooms within dwelling units,
or portions of buildings serving dwelling
units that lack exiting that was required at
the time of construction or remodeling of
the dwelling unit, room, or building or
where exiting is not properly maintained.
9. Any other condition where in the opinion of
the certified evaluator a distinct imminent
life threatening hazard to the occupants of
the structure exists.
Items m~rJccd ~s h~z~rdous by the certified
ev~lu~tor 8h~11 be corrected promptly by the
o,:ner. The owner shall promptly correct all items
marked as repair/replace by the certified
evaluator. The owner shall obtain all necessary
permits from the city building inspector and the
premises shall be subject to inspection by the
building official prior to sale and occupancy of
the dwelling. If there are no items marked as
repair/replace or when all items marked
repair/replace have been corrected and inspected
by the building official, the city will issue a
certificate that will serve as proof of
compliance with this section. The buyer,
designated in a Purchase Agreement, may elect to
m~ke the correctiono neceooit~ted by the report
of the ev~lu~tor correct the items marked as
repair/replace in the Truth-in-Housing and Zoning
Disclosure Report. Such corrections may be
undertaken by a buyer only upon the written
consent of the City Rouoing Inopector building
official and subject to such terms and conditions
as may be required by the Inopection Dep~rtment
building official.
Such terms shall include but are not limited to a
signed agreement on behalf of the City from the
buyer accepting the responsibility of correction of
the h~z~rdouo repair/replace items, reasonable
completion dates acceptable to the Inopection
Dep~rtment City and financial evidence of ability to
perform the corrections, but in either event, the
property shall remain unoccupied until such
violations are corrected and ~n inopection conducted
approved by the houoing inopector building official.
406.07. Certificates: reports: truth in housing reports and
filings. Reports, certificates, and filings shall be kept
in the Inspections office Office of the houoing inopector.
A copy may be furnished to the owner or other authorized
person upon request.
406.09. Appeals of Truth-In-Housing and Zoning Disclosure
Reports. ~ peroon An owner or buyer aggrieved by a truth in
houoing dioclooure report Truth-in-Housing and Zoning
Disclosure Report may appeal from the action of the
certified evaluator to the B~uilding Gofficial who shall
make a ruling on the appeal. Decioiono of the Building
Offici~l m~y be ~ppe~led to ~n ~ppe~lo bo~rd, ~ppointed by
the council ~nd conoioting of three membero of the city
council. The deeioion ~nd order of the ~ppe~lo bo~rd oh~ll
be binding on ~ll p~rtieo,
406.10, Failure to Comply. If an owner or an agent for the
owner sells by conveyance or contract for conveyance any
dwelling regulated by this section without complying with
all of the requirements of this section, after notice to
the offending owner the City may contract with a certified
evaluator to have the evaluation done and the costs for the
evaluation billed to the offending owner. The offending
owner shall mean the owner selling the property without
benefit of a Truth-In-Housing and Zoning Disclosure Report.
Any repair/replace items identified by the Truth In Housing
and Zoning Disclosure Report shall become a civil matter
between the buyer and the seller.
406.11, Pena1ties. A person who violates any of the terms
of this code or who fails to comply with any order issued
by the housing inspector pursuant to this code in guilty of
may be charged with a misdemeanor or be subject to the
issuance of an administrative citation as provided in
section 355. Each day the owner fails to comply with any
such order shall constitute a separate offense. The
inspector may post the premises by appropriate signs or
notices prohibiting occupancy and may, by appropriate
action, cause the premises to be and remain vacant until
such code violations are remedied and an approval
. certificate is issued.
406.13. Warranty Disc1a~er on behalf of the city. By
enacting and undertaking to enforce this section, neither
the City nor its council, agents or employees warrant or
guarantee the safety, fitness or suitability of any
dwelling in the city, and any representation to the
contrary by any person is a misdemeanor, Purchasers or
occupants should take whatever steps they deem appropriate
to protect their interests, health, safety and welfare
prior to purchase or occupancy of the dwelling.
(Added Ord. No. 92-705)
Section 3. The effective date of this ordinance shall be
the date of publication.
First Reading: December 17, 2002
Second Reading: January 7, 2003
Date of Publication: January 16, 2003
Date Ordinance Takes Effect: January 16, 2003
~/~~
Gene Maxwell, Mayor
Terr
D AS TO FORM AND LEGALITY:
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