2012-1044 Amend Section 405 Property MaintenanceCITY 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 10 1. 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 mosttr-ietiy-e 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" .
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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 303.6 304.6 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 303.14-304.14Amend by inserting the following dates "May 1" and October 1" and
fevise the end of the last sentenee as follows! ' ...
used fef inseet eentfel shall have a self-elesifig deviee in geed wefking
eendifien-.1'
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 newu�ardrail or
handrail added shall be installed to meet the requirements in the current
Minnesota State Building Code.
Ordinance No. 2012-1044
-3-
Section 38-5-307 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 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, teast-efs, slew eeelc-ens,
and similar appliances are not permitted."
Section 404.2 Replace the dimension "3 feet" with "thirty (30) inches".
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Area, Evefy fiving r-eem shall eei4ain at least 120 sqtiafe feet and evefy
bedfeem shall eei4ain at least 70 squafe feet.."
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Table 404. 5, .
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 "18" "20"and
inserting the numbers LW 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 ntxmber-s " L' ' "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.
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Section 602.4 Amend the first sentence by inserting the following dates in the brackets:
October 1 May 15 and delete 6 -5 -and 4-9e 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 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".
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 Amend by delefift.4, the tefm "Ifttefnafienal Building Code" and inseffiftg
the tefm "Minneseta Sta4e Building Code".
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 Building Code, as defined in Minnesota Rule
1100 OMW
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
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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;
(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;
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(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 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
Euge J. Maxwell, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
APPROVED AS TO FORM ND LEGALITY:
Of
City ttorney Sigifatur Date