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1995-763 o o o ORDINANCE NO. 95 - 763 An Ordinance relating to Property Maintenance; replacing Section 405.02 through 405.19 of Chapter IV of the Hopkins City Code. _ THE CITY COUNCIL OF THE CITY OF HOPKINS DOES ORDAIN: 405.01. Property Maintenance Code Adopted, Subd. 1. The National Property Maintenance Code ("NPMC"), 1993 Edition, published by the Building Officials and Code Administrators International, Inc. ("BOCA"); is adopted by reference, subject to the changes set forth in Subd. 2, below. Subd.2. For the purposes of this Section and Section 407, the BOCA NPMC is amended and revised in the following respects: (a) Section PM-101.l is amended by inserting "City of Hopkins" within the brackets. (b) Section PM-l06.2 is deleted in its entirety. (c) Sections PM-l07.1, 107.2, 107.3 and 107.4 are deleted in their entirety. (d) Section PM-llO.1 is amended by deleting the word "shall" in the first line and inserting the word "may". (e) Section PM -111.0 is deleted in its entirety. (0 Section PM-304.5 is amended by deleting the entire provision and inserting the following language in its place: All exterior walls shall be free from holes, breaks, loose or rotting materials; and maintained weatherproof and properly sutface 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: (1) The protective surface is paint which is blistered 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; (2) More than twenty-five percent (25%) of the finish coat of a stucco wall is worn through or chipped away. c:\file\hopcivil\rentreg l.ord o '0 o (g) Section PM-304.l2 is amended by inserting in this order the following dates in" the brackets: May 1 October 1 (h) Section PM-405.9 is amended by deleting the entire provision and inserting the following language in its place: Minimum Room Widths: A habitable room, other than a kitchen, shall not be less than seven (7) feet in any plan dimension. Kitchens shall have a clear passageway of not less than thirty (30) inches between counterfronts and appliances or counterfronts and walls. (i) Section PM-602.2 is amended by deleting the number "65" and inserting the number "68" and by deleting the number "18" and inserting the number "19". G) Section PM-602.22.l is amended by inserting in this order the following dates in the brackets: Octo ber 1 May 15 (k) Section PM-602.3 is amended by inserting in this order the following dates in the brackets: October 1 May 15 (1) Section PM-702.l2 is amended by deleting the entire provision and inserting in its place the following language: Every sleeping room located below the fourth story or in a basement shall have at least one openable window or exterior door approved for emergency egress or rescue; or shall have access to not less than two approved independent exits. (m) Chapter 8, Referenced Standards, is amended by deleting all references and citations to the BOCA National Building Code, BOCA Mechanical Code, BOCA National Plumbing Code and the BOCA National Fire Prevention Code. Chapter 8 is further amended by inserting the following language: The Building Code, Mechanical Code, Plumbing Code and Fire Prevention Code incorporated as part of the BOCA NPMC shall be the versions of those Codes adopted by reference in Hopkins City Code Section 400.03, Subd. 1 and Section 400.03, Subd. 2. c:\file\hopcivil\rentreg I.ord 2 o Subd. 3. Where there is any conflict between the provisions of the BOCA NPMC 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 Section 405.04 or in the BOCA NPMC 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 by Section 405.04. 405.02. Definitions. For the purpose of this Section and Section 407 ,the following terms shall mean: . Subd. 1. "Inspection" means inspection of structures, premises, dwelling units or property by the Code Official or his designee. o o 405.03. Compliance. Subd.l. The City Manager shall designate the Code Official to administer and to enforce the provisions of this Chapter. The Code 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 Code Official determines that a premises fails to meet any provision of the BOCA NPMC, the Code 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; (b) Describe the location and nature of the violations of the BOCA NPMC 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: c:\file\hopcivil\rentreg I.ord (i) For residential rental premises, service shall be sufficient on the owner or the owner's agent by mailing the notice by flfst 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 frrst class mail to the occupant's last known residence; 3 o (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 flfst 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. 405.04. Appeals. Subd.l. Any person issued a Compliance Order may appeal the Compliance Order by filing an appeal with the City Clerk. The appeal must be in writing and must be fued with the City Clerk within fourteen (14) days of the date of the Compliance Order. Subd. 2~ The City Council shall conduct a hearing for each appeal with the hearing to be held no later than the second regularly-scheduled City Council meeting following the date. the appeal is filed, unless the appellant and the City Council agreeto a later date. Subd. 3. The appellant, the appellant's representative, the Code Official and any other person who interests are affected by the Compliance Order shall be given an opportunity to be heard. Subd. 4. Compliance with the Compliance Order is stayed pending the Council's decision except as provided in Section 405.05. o Subd. 5. The City Council shall render a written opinion no later than the third regularly-scheduled City Council meeting following the Appeal Hearing. A copy of the decision shall be served upon the Appellant in the manner set forth in Section 405.03, Subd. 2(e). 405.05. Emergency Cases. When the Code 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 405.03, the Code Official may take appropriate action to correct the violation by the procedure set forth below. Subd.l. Order by City lVIanager. The Code Official shall obtain from the City Manager or the City Manager's designated representative, a written Administrative Order directing the Code 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 Code 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; o (c) The cost incurred in correcting the emergency; c:\file\hopcivil\rentreg I.ord 4 o (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 Code Official's actions and the possible assessment of costs. The request for hearing shall be in writing and submitted to the City Clerk within fourteen (14) days of the date of the notice. Subd. 3. Hearing Date. The City Council shall conduct a hearing no later than the third regularly- scheduled City Council meeting following the date the appeal is filed. Subd. 4. Hearing. The appellant, the appellant's representative, the Code Official and any other person who interests are affected by the Compliance Order shall be given an opportunity to be heard. Subd. 5. The City Council shall render a writen opinion no later than the third regularly-scheduled City Council meeting following the Appeal Hearing. A copy of the decision shall be served upon the Appellant in the manner set forth in Section 405.03, Subd. 2(e). 405.06. Penalties. A person who violates the provisions of Section 405 or 407 is guilty of a misdemeanor. Each day that a violation continues shall be deemed a separate offense. The Code 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. o This Ordinance is effective subject to the following: First Reading: Second Reading: Date of Publication: Effective Date of Ordinance: May 2, 1995 May 16, 1995 May 24, 1995 June 13, 1995 Attest: o / hJ."- f.Q5, I Date 5