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06-09-15 CM Agenda Packet AGENDA Council/Manager Meeting Golden Valley City Hall 7800 Golden Valley Road Council Conference Room June 9, 2015 6:30 pm Pa9.es 1. 2014 Comprehensive Annual Financial Reports (15 minutes) 2 2. Single Family Residential (R-1) Side Setback Zoning Text Amendment 3-7 (30 minutes) 3. Administrative Citations (15 minutes) 8-34 4. Adoption of the 2012 International Property Maintenance Code (15 minutes) 35-139 5. Peddler/Solicitor Licenses (10 minutes) 140-144 6. Redevelopment of Winnetka/Highway 55 Intersection (30 minutes) 145-146 7. Planning Commission attend GTS Training (10 minutes) 147 8. Recognition of Diversity (10 minutes) 148 9. Nice Ride Minnesota (10 minutes) 149 10. Living In The Valley Events (LIVE) (10 minutes) 150 11. Board/Commission Vacancies (10 minutes) 151 Council/Manager meetings have an informal, discussion-style format and are designed for the Council to obtain background information, consider policy alternatives, and provide general directions to staff. No formal actions are taken at these meetings. The public is invited to attend Council/Manager meetings and listen to the discussion; public participation is allowed by invitation of the City Council. This document is available in alternate formats upon a 72-hour request. Please call ' 763-593-8006 (TTY: 763-593-3968)to make a request. Examples of alternate formats may include large print, electronic, Braille, audiocassette, etc. CZ��' U� ;� �� Administrative Services De artment ��. ��T - - p 763 593 8013/763-593-3969(fax) Executive Summary Golden Valley Council/Manager Meeting June 9, 2015 Agenda Item 1. 2014 Comprehensive Annual Financial Reports Prepared By Sue Virnig, Finance Director Summary Bill Lauer from Malloy Montague Karnowski Radosevich & Co. will be in attendance to discuss the 2014 Comprehensive Annual Financial Report, Management Report and Special Purpose Audit Reports. His main focus will be reviewing the Management Report document. Please bring the three reports to the meeting. The reports are also available electronically. Attachments • 2014 Comprehensive Annual Financial Report (report distributed previously) • Management Report (report distributed previously) • Special Purpose Audit Report (report distributed previously) �t�'�F (��_ �1.,� / �� . �' ;� � . :: �t � 4 �..� ,,� � 1 Ph sical Develo ment De artment ��. �� Y p p 763-593-80951763-593-$109 (fax) Executive Summary Golden Valley Council/Manager Meeting June 9, 2015 Agenda Item 2. Single Family Residential (R-1) Side Setback Zoning Text Amendment Prepared [3y Jason Zimmerman, Planning Manager Summary On April 7, 2015, the City Council reviewed the current zoning language related to the side setbacks of R-1 zoned properties and confirmed the original intent behind the amended language which was adopted in 2008. They also voted (3-2) to grandfather any homes built under a different interpretation, including unbuilt homes with an approved building permit, or those that submitted plans for review for a building permit prior to April 15, 2015. During the public hearing, and throughout the discussion afterwards, the Council expressed a number of concerns regarding the side setback requirements. On a second vote (4-1), the Council directed the Planning Commission to revisit Section 11.21, Subdivision 11 (A)(3) and recommend any changes as soon as possible. At the April 27, 2015, Planning Commission meeting, the Commission discussed with staff possible ways to address the concerns of the Council, including: 1. Protecting neighboring homes from the blockage of light and air by taller structures (for both new homes and renovations). 2. Allowing for attractive and functional home design: discouraging garage-dominated front facades and preserving back yards. 3. Simplifying the code for better comprehension and administration, including diagrams within the zoning code. Based on the conversation, staff was asked to prepare a potential text amendment that allowed for a three dimensional building envelope within which new or remodeled homes could be constructed. Staff also agreed to look at potential ways to limit the amount of garage space on the front facade of a structure and to prepare diagrams that could be incorporated into the zoning code. Staff responded at the Planning Commission meeting on May 11, 2015, and the Commission voted (5-1) to recommend approval of the proposals below. Proposed Zonin�Text Amendment The language below is proposed to replace the current language in Section 11.21, Subdivision 11 (A)(3). Using the "tent" approach to determine side setbacks ensures that light and air can reasonably reach neighboring homes. Based on the language already approved by the City Council on April 7, these requirements would apply to both new construction and additions/remodels. Side Setback. Side yard setbacks are determined by the lot width at the minimum required front setback line. The distance between a structure and the side lot lines shall be governed by the following requirements: a. In the case of lots having a width of one hundred (100) feet or greater, the side setbacks for any portion of a structure fifteen (15) feet or less in height shall be fifteen (15) feet. The side setbacks for any portion of a structure greater than fifteen (15) feet in height shall be measured to an inwardly sloping plane at a ratio of 2:1 beginning at a point fifteen (15)feet directly above the side setback line [see Figure 1]; b. In the case of lots having a width greater than sixty-five (65)feet and less than one hundred (100) feet, the side setbacks for any portion of a structure fifteen (15) feet or less in height shall be twelve and one-half(12.5) feet. The side setbacks for any portion of a structure greater than fifteen (15) feet in height shall be measured to an inwardly sloping plane at a ratio of 2:1 beginning at a point fifteen (15) feet directly above the side setback line [see Figure 2]; c. In the case of lots having a width of sixty-five feet (65) or less, the side setbacks for any portion of a structure fifteen (15) feet or less in height along the north or west side shall be ten percent (10%) of the lot width and along the south or east side shall be twenty percent (20%) of the lot width (up to twelve and one-half(12.5)feet). The side setbacks for any portion of a structure greater than fifteen (15) feet in height shall be measured to an inwardly sloping plane at a ratio of 4:1 beginning at a point fifteen (15)feet directly above the side setback line [see Figure 3] Building Envelope. Taken together, the front, rear, and side setbacks and the height limitation shall constitute the building envelope [see Figure 4]. No portion of a structure may extend outside the building envelope, except for: a. cornices and eaves, no more than thirty (30) inches; b. bay windows or chimney chases, no more than twenty-four (24) inches; c. chimneys, vents, or antennas; d. stairs and stair landings up to twenty-five (25) square feet in size; and e. accessible ramps. Side Wall Articulation. For any new construction, whether a new house, addition, or replacement through a tear-down, any resulting side wall longer than thirty two (32) feet in length must be articulated, with a shift of at least two (2) feet in depth, for at least eight (8) feet in length, for every thirty-two (32)feet of wall. Proposed Zonin� Diagrams The four figures listed in the proposed language above are being created by the Communications Department. Drafts of the diagrams are shown below: i � i ♦ i ♦ i ♦ i ♦ i ♦ i ♦ i ♦ i ♦ i ♦ 2:1 slope � � ----------------------------- 28' pitched roof maximum ------------------------------- 25'flatroofmaximum 15' height 15' height 15' setback 15'setback Lot width 100' or greater Figure 1—Front elevation i � i ♦ ♦ ♦ i ♦ i ♦ ♦ ♦ i ♦ ♦ ♦ i ♦ i ♦ 2:1 slope � � -------------------- 28' pitched roof maximum ----------------------- 25'flatroofmaximum 15' height 15' height 12.5'setback 12.5' setback Lot width greater than 65' and less than 100' Figure 2—Front elevation I � ♦ � / ♦ I � I � I ♦ / � 4:1 slope / � ---------- 28' pitched roof maximum ------------ 25'flat roofmaximum 15' height 15' height Setback 20%of width Setback 104�0 of width Lot width 65' or less Figure 3—Front elevation Maximum height Re Setb �k Se�ba�� ,,o� S�de �s Prbac � Figure 4—Building envelope It is anticipated that at the conclusion of the zoning amendment process, an informational handout would be created—incorporating the diagrams along with explanatory text—for use on the City website as well as at the Planning counter. Gara�e Dominated Facades Staff began the process of reviewing possible ways to help mitigate the impact of garage dominated front facades in new construction or through additions/remodels. The approaches taken by other communities are varied, but include limiting the linear feet of garage doors allowed to face the street on a given structure, setting a maximum percentage of the front facade that can consist of garage space, and requiring garages to be set behind the front plane of the structure by a certain distance. As proposed, the "tent" approach outlined above provides greater flexibility than the current code for the homeowner or builder to strike a balance between the garage and non-garage portions of the facade. However, the Planning Commission expressed a desire to have the City Council direct staff to continue to explore options for addressing this issue and to bring the results to the Commission for discussion. ci ty t�_f �:� .r. l �n 1 :�, �1 Cit Administration Council �c�. �� y / 763-593 8003/763-593-8109(fax) f(?. -��4�!:Nt&v �+b t ev.Y�. a ".a x.s. , , , .. a-� ,n�'„eSY:T.'�°P- ., . , . . . .� e.�..�'�.Vriu�o�.. . ..>..ts rk4+�lu1"'`�d tia'.n M�Witll„`�`<._z .a E Executive Summary for Action Golden Valley Council/Manager Meeting June 9, 2015 Agenda Item 3. Administrative Citations Prepared By Thomas Burt, City Manager Summary Staff is recommending the City Council consider expanding the use of administrative fines. Currently administrative fines are used effectively with the enforcement of the Housing Maintenance code and staff is recommending expanding it to all sections of the City Code. Under the new ordinance we recommend that the City use an Administrative Hearing Officer for any appeals to a citations. The City Attorney will be present at the meeting to address questions. Attachments • Ordinance on Administrative Citations (11 pages) • Underlined/Overscored Version of Ordinance on Administrative Citations (13 pages) • Ordinance Adopting Penalties for Administrative Citations (2 pagesj DRAFT 6/1/15 CITY OF GOLDEN VALLEY HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE ON ADMINISTRATIVE CITATIONS THE CITY OF GOLDEN VALLEY ORDAINS: Section 1. Adoption of Administrative Citations. Golden Valley City Code is hereby amended to include the following new Chapter 2, Section 2.90 entitled "Administrative Citations": Subdivision 1. Pur ose The City Council finds that there is a need for alternative methods of enforcing the City Code. While criminal fines and penalties have been the most frequent enforcement mechanism, there are certain negative consequences for both the City and the accused. The delay inherent in that system does not ensure prompt resolution. The higher burden of proof and the potential of incarceration do not appear appropriate for most Code violations; and the criminal process does not always regard City Code violations as being important. Accordingly, the City Council finds that the use of administrative citations and the imposition of civil penalties is a legitimate and necessary alternative method of enforcement, that will be a cost effective and expeditious alternative to traditional criminal fines and penalties. Administrative citations are in addition to any other legal remedy which may be pursued for City Code violations and the City, in its discretion, may choose not to initiate the administrative citation and procedures set forth in this section, and may bring criminal charges or seek any other remedy or penalty permitted under the City Code or other applicable law in the first or succeeding instances. Subdivision 2. Scope (A) The administrative procedures and penalties in this section may be used for any violation of the City Code, or any violation of the terms and conditions of a City approval, including permits and licenses, required and granted under the City Code. Except as expressly provided in this section, the provisions of this section may be used concurrently with or in addition to any other procedure or remedy, criminal or civil, the City may pursue under City Code, state law, or federal law. Nothing herein restricts the right of the City to enter property immediately or to seek other remedies in emergency or other situations as authorized by City Code, state law, or federal law. Where differences occur between provisions of this section and other applicable City Code sections, this section controls to the extent of such differences. No provision of the City Code that provides a criminal procedure or penalty, or an administration or civil procedure or penalty, for a violation of the City Code shall preclude the application of this section in its entirety to such violation. 1 DRAFT 6/1/15 (B) The penalties and procedures provided in this section shall be applicable to every section and chapter of the City Code, the same as though this section were a part of each separate section and chapter. (C) It is the intention of the City Council that the penalties and procedures provided by this section shall apply to any amendment of the City Code, whether or not such penalty is reenacted in the amendatory ordinance, unless otherwise provided in the amendatory ordinance. (D) Section 2.12, Subdivision 3, of the City Code shall not apply to this section. Subdivision 3. General Provisions (A) A violation of a provision of the City Code, or a violation of the terms and conditions of a City approval, including permits and licenses, required and granted under the City Code, is an administrative offense that may be subject to an administrative citation and civil penalties set forth herein; provided an administrative offense shall not include any such violation subject to the Uniform Traffic Regulations Act in Chapter 169 of the Minnesota Statutes. (B) Unless expressly provided otherwise in the City Code, each day a violation exists constitutes a separate administrative offense. (C) The City Council shall adopt by ordinance a schedule of penalties for offenses that may be initiated by administration citation. (D) The City Council may adopt by resolution a schedule of fees to be paid to administrative hearing officers for his or her services. (E) The maximum monetary penalty for a single administrative offense may not exceed the maximum monetary fine authorized by state law for misdemeanor offenses or the maximum monetary penalty authorized by state law for an administrative process; provided for purposes of determining the amount of the monetary penalty the cost of any required compliance actions and any consequences of a revoked or suspended license shall not be included. (F) The City Manager is authorized to promulgate rules and forms to implement the procedures herein. Subdivision 4. Administrative Citation. (A) Any person with authority to enforce the City Code may, upon a reasonable belief that there has been a violation thereof(or a violation of the terms and conditions of a City approval, including permits and licenses, required and granted under the City 2 DRAFT 6/1/15 Code) issue an administrative citation to the violator or party responsible for the violation in one of the following ways: (1) By personal service upon the owner of the property or an occupant of suitable age residing at the property where the violation occurred, or in the case of a business or corporation, the citation may be served upon a manager on the premises or to a corporate officer; (2) By first class mail to a person identified in Subdivision 4(A)(1); (3) By posting the citation in a conspicuous place on or near the main entrance when it reasonably appears the property is occupied but the occupants are not available or willing to accept personal service, and where the property is not a licensed rental dwelling; (4) By posting the citation in a conspicuous place on or near the main entrance and mailing by first class mail a notice of the citation to the owner of record where it reasonably appears the property is vacant or abandoned; or (5) By posting the citation in a conspicuous place on or near the main entrance and mailing by first class mail, notice of the citation to the licensee when the property is a rental dwelling licensed by the City (B) The administrative citation shall state the nature, location, date, and time of the violation, provide a citation to the section of the City Code violated, identify the person issuing the administrative citation, the civil penalty, where, by when and in what manner any fine must be paid, a brief description of the process to contest, required compliance or abatement actions (if applicable) and any other information the City Manager deems applicable. (C) If the City seeks to impose more than one penalty for a continuing violation, a separate citation shall be issued for each violation date. Subdivision 5 Responding to an Administrative Citation (A) A party who has received an administrative citation must, within twenty (20) days after the administrative citation is issued, pay the amount of any fine set forth therein or, if the party desires to contest the administrative citation, request a hearing as set forth in Subdivision 9 of this section. (B) Any fine may be paid in person at City Hall, by mail or by other method set forth in the administrative citation. (C) Payrnent of any fine shall be deemed a final admission of the violation and thereafter the City shall not bring a criminal charge for the same violation. 3 DRAFT 6/1/15 (D) Payment of any fine shall not excuse the failure to satisfy any compliance orders referenced in the administrative citation and such payrnent shall not bar further enforcement activity by the City for a continuing violation, including without limitation the issuance of additional administrative citations. Subdivision 6. Recovery of Civil Fines (A) If a fine imposed by an administrative citation is not paid within the time specified, it constitutes: (1) A personal obligation of the violator; and (2) A lien upon the real property upon which the violation occurred if the property or improvements on the property were the subject of the violation and the property owner was responsible for that violation. (B) A lien may be assessed against the property and collected in the same manner as taxes. The lien may include the administrative and legal costs incurred by the City in connection with collecting the unpaid administrative penalty. (C) A personal obligation may be collected by any appropriate legal means. (D) A late payrnent fee of 10% of the fine amount will be assessed for each 30-day period, or part thereof, that the fine remains unpaid after the due date. (E) During the time that a fine remains unpaid, no City approval will be granted for a license, permit, or other City approval sought by the violator or for property under the violator's ownership or control. (F) Failure to pay a fine is grounds for suspending, revoking, denying, or not renewing a license or permit associated with the violation. (G) Upon failure to pay the fine within the time specified, the City may elect to charge the initial violation as a petty misdemeanor or misdemeanor charge, and the administrative offense procedure set forth in this section shall no longer apply to such violation. (H) This foregoing of this Subdivision 6 shall be an additional remedy and not in lieu of any other penalty provided for in City Code or state law. Subdivision 7. Optional Procedure The City, in its sole discretion, may choose not to utilize the administrative citations and procedures provided for under this section for any violation of the City Code and may instead bring criminal charges or any other remedy (including civil fines) permitted by 4 DRAFT 6/1/15 the City Code, state law or federal law. In the event a party participates in the administrative citation procedures set forth in this section, but does not comply with the civil penalty imposed and the party is not otherwise absolved of the administrative offense, the City may seek to collect the costs of the administrative offense procedure including without limitation the City's attorney fees and cost as part of a subsequent criminal sentence in the event the party is charged and is found guilty of the violation. Subdivision 8. Disposition of Penalties All civil fines collected pursuant to this section shall be paid to the City and deposited into the general fund. Subdivision 9. Appeal Process. (A) Any person directly affected by an administrative citation issued pursuant to this Section shall have the right to appeal to a hearing officer as provided for in Section 2.91 of the City Code. (B) The failure to pay the fine or request a hearing within twenty (20) days after the citation, or the failure to attend the hearing, constitutes a waiver of the violator's rights to an administrative hearing and is an admission of the violation. A hearing officer may waive this result upon good cause shown. Examples of"good cause": death or incapacitating illness of the accused; a court order requiring the accused to appear for another hearing at the same time; and lack of proper service of the citation or notice of the hearing. "Good cause" does not include forgetfulness and intentional delay. (C) If the final adjudication of the administrative citation under the appeal procedure is a finding of no violation, then the City may not prosecute a criminal violation based on the same set of facts. This does not preclude the City from pursuing a criminal conviction for a violation of the same provision based on a different set of facts. A different date of violation will constitute a different set of facts. (D) The City will not be obligated to reimburse for any costs undertaken pursuant to a compliance order, even if it is determined, after an appeal hearing, that there was no violation as charged in the administrative citation. Subdivision 10. Failure to Pav is Seqarate Violation. The following are separate violations of the City Code, punishable as misdemeanors in accordance with state law: (A) Unless a notice of appeal has been timely filed, failure to pay the civil fine within the time required after issuance of an administrative citation. 5 DRAFT 6/1/15 (B) Failure, without good cause, to appear at a hearing which was scheduled under Subdivision 9; and (C) Failure to pay a fine imposed by a hearing officer within thirty (30) days after it was imposed, or such other time as may be established by the hearing officer, unless the judicial review has been sought for the matter in accordance with state law. Section 2. Adoption of Administrative Hearing Procedures. Golden Valley City Code is hereby amended to include the following new Chapter 2, Section 291 entitled "Administrative Hearing Procedures": Subdivision 1. Administrative Hearings (A) Where the City Code entitles a person to an administrative hearing this Section shall apply and Section 2.14 of the City Code shall not apply. (B) A person wishing to exercise their right to an administrative hearing shall file a notice of appeal with the City Clerk. The notice of appeal must be filed with the City Clerk on the form prescribed by the City Manager within (20) days after issuance of the administrative citation, notice or order that is to be the subject of the hearing. If required by the section of the City Code granting the right to the administrative hearing or the City's master fee schedule, the notice shall be accompanied by the applicable filing fee. (C) The City Council shall periodically approve a list of persons, from which the City Manager or designated agent will randomly select a hearing officer to hear and determine a matter for which a hearing is requested. (D) The appellant has the right to request, no later than ten (10) days before the date of the hearing, that the assigned hearing officer be removed from the case. One such request for each case will be granted automatically by the City Manager or designated agent. A subsequent request must be directed to the assigned hearing officer who will decide whether the hearing officer can fairly and objectively review the case. If such a finding is made, the City Manager or designated agent must assign another hearing officer. The hearing officer is not a judicial officer but is a public officer as defined by Minnesota Statutes, Section 609.415. The hearing officer must not be an employee of the City. The City Manager or designated agent must establish a procedure for evaluating the competency of hearing officers, including comments from citizens and City staff. (E) Upon the hearing officer's own initiative or upon written request of an interested party demonstrating the need, the officer may issue a subpoena for the attendance of a witness or the production of books, papers, records or other documents that are material to the matter being heard. The party requesting the subpoena is responsible for serving the subpoena in the manner provided for civil actions and 6 DRAFT 6/1/15 for paying the fees and expenses of any witness. A person served with a subpoena may file an objection with the hearing officer promptly but no later than the time specified in the subpoena for compliance. The officer may cancel or modify the subpoena if it is unreasonable or oppressive. A person who, without just cause, fails or refuses to attend and testify or to produce the required documents in obedience to a subpoena is guilty of a misdemeanor. Alternatively, the party requesting the subpoena may seek an order from district court directing compliance. (F) The City shall schedule the hearing to occur within days of the City receiving a request for a hearing in the form prescribed by the City Manager. Notice of the hearing must be served on the person responsible for the violation at least 14 days in advance of the hearing, unless a shorter time is accepted by all parties. Service of the notice will be by first class mail and will be complete upon mailing. At the hearing, the parties will have the opportunity to present testimony and question any witnesses, but strict rules of evidence will not apply. The hearing officer must record the hearing and receive testimony and exhibits, and keep a record of documentary evidence submitted. The officer must receive and give weight to evidence, including hearsay evidence, that possesses probative value commonly accepted by reasonable and prudent people in the conduct of their affairs. (G) The hearing officer must: (1) determine whether the City has established by a preponderance of the evidence that, as applicable, a violation of the City Code, or a violation of the terms and conditions of a City approval, including permits and licenses, required and granted under the City Code, has occurred; (2) determine whether the corrective action and/or administrative decision resulting from the alleged violation is reasonable; and (3) affirm, vacate or modify the City's administrative decision regarding the alleged violation and/or corrective action. (H) The hearing officer has the authority to reduce, stay, or waive a scheduled penalty either unconditionally or upon compliance with appropriate conditions. The hearing officer may increase the scheduled fine when the actual costs of enforcement are shown by a preponderance of the evidence to be greater than the amount of the scheduled fine. (I) When imposing a penalty for a violation, the hearing officer may consider any or all of the following factors: (1) The duration of the violation; (2) The frequency or recurrence of the violation; 7 DRAFT 6/1/15 (3) The seriousness of the violation; (4) The history of the violation; (5) The violator's conduct after issuance of the notice of hearing; (6) The good faith effort by the violator to comply; (7) The economic impact of the penalty on the violator; (8) The impact of the violation upon the community; and (9) Any other factors appropriate to a just result. The hearing officer may exercise discretion to impose a fine for more than one day of a continuing violation, but only upon a finding that the violation caused a serious threat of harm to the public health, safety, or welfare or that the accused intentionally and the unreasonably refused to comply with the City Code requirement. (4) The hearing officer's decision and supporting reasons must be in writing, and shall include: the hearing officer's decision, the factual and legal basis for the determination; the corrective action required, if any; the date and time by which corrective action must be taken; and the penalty assessed, if any. The hearing officer shall mail a copy of the decision to the appellant. Subdivision 2. Appeal from an Administrative Hearing. The decision of the hearing officer is final without any further right of administrative appeal. An aggrieved party may obtain judicial review of the decision of the hearing officer in accordance with state law. Section 3. In order to promote the most effective use of administrative citations and the administrative hearing process described above, certain provisions of the City Code need to be modified or amended as set forth below. Subdivision l. Amendment to Section 2.14 ("Right to Administrative A eal" . City Code, Section 2.14 is hereby amended and restated in its entirety as follows: If any person shall be aggrieved by any administrative decision of the City Manager or any other City official, or any Board or Commission not having within its structure an appellate procedure, such aggrieved person is entitled to a full hearing before the Council upon serving a written request therefor upon the City Manager at least ten (10) days prior to any regular Council meeting. Such request shall contain a general statement setting forth the administrative decision to be challenged by the appellant. At such hearing the appellant may present any evidence the appellant deems pertinent to the appeal, but the City shall not be required to keep a verbatim record of the proceedings. This Section shall not apply if the 8 DRAFT 6/1/15 aggrieved person has the right to an administrative hearing under Section 2.91 of the City Code. Subdivision 2. Amendment to Section 4.20 ("Sign Permits and Regulations"). City Code, Section 4.20, Subdivision 15 is hereby deleted in its entirety. Subdivision 3. Amendment to Section 5.02 ("Action on Applicallon, Transfer, Termination and Duplicate License"). The last two full paragraphs of City Code, Section 5.02, Subdivision S.F. are amended and restated in their entirety as follows. Any of the foregoing civil penalties may be imposed by an administrative citation under City Code, Section 2.90, ar in the alternative by action of the Council. If one of the foregoing penalties is imposed by an action of the Council, no fine, suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing before the Council or a committee of the Council, as may be determined by the Council in action calling the hearing. Such hearing shall be called by the Council upon written notice to the licensee served in person or by certified mail not less than fifteen (15) nor more than thirty (30) days prior to the hearing date, stating the time, place and purpose thereof. The licensee may agree to such fine, suspension or revocation imposed by an action of the Council without a hearing by providing the City Manager with a written notice of hearing waiver and acceptance of penalty. In lieu of the civil penalties and license suspensions imposed above, whether imposed by administrative citation or an action of the Council, the licensee may choose to surrender the license to sell alcohol for a minimum period of twelve (12)months from the date of license surrender. Subdivision 4. Amendment to Section 6.03 ("Action on Apnlication, Transfer, Termination and Duplicate License"). City Code, Section 6.03, Subdivision 4 is amended and restated in its entirety as follows. The Council may, for any reasonable cause, refuse to grant any application, or revoke or suspend any license. No license shall be granted to a person of questionable moral character or business reputation. Before revocation or suspension of any license, the Council shall give notice to the licensee and grant such licensee opportunity to be heard. Notice to be given and the exact time of hearing shall be stated in the resolution calling for such hearing. The Department of Public Safety shall provide the Council with a report on compliance and illegal conduct by the applicant. 9 DRAFT 6/1/15 Grounds for revocation or suspension may be, but are not limited to, any of the following: A. That the licensee suffered or permitted illegal acts, or acts prohibited under Chapter 6 of the City Code, upon the licensed premises; B. That the licensee had knowledge of such illegal or prohibited acts but failed to report the same to police; C. That the licensee failed or refused to cooperate fully with police in investigating such alleged illegal or prohibited acts; or, D. That the activities of the licensee created a serious danger to public health, safety, or welfare. Subdivision 5. Amendment to Section 6.34 ("Tobacco"). City Code, Section 6.34, Subdivision 13.C. is amended and restated in its entirety to read as follows. Administrative Penalty Procedure. Notwithstanding anything to the contrary in this Subdivision 13: 1. Any of the administrative civil penalties set forth in this Subdivision 13 that may be imposed by the Council, may in the alternative be imposed by an administrative citation under City Code, Section 2.90. 2. If one of the foregoing penalties is imposed by an action of the Council, no penalty shall take effect until the licensee or person has received notice (served personally or by mail) of the alleged violation and of the opportunity for a hearing before the Council, and such notice must be in writing and must provide that a right to a hearing before the Council must be requested within ten (10) business days of receipt of the notice or such right shall terminate. Subdivision 6. Amendment to Section 10.53 ("Graffiti"). City Code, Section 10.53, Subdivision 7 is hereby amended and restated in its entirety as follows: Cost recovery. The owner of property on which a nuisance has been abated by the City, or a person who has caused a public nuisance on property not owned by that person, is personally liable to the City for the cost of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, an appropriate official will prepare a bill for the cost and mail it to the 10 DRAFT 6/1/15 owner or other responsible party. The amount is immediately due and payable to the City. Section 3. This Ordinance is effective on its passage and publication as required by law. Dated this_day of , 2015. ATTEST: Thomas D. Burt Shepard M. Harris City Manager Mayar First Reading: Second Reading: Published: 11 DRAFT 6/1/15 CITY OF GOLDEN VALLEY HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE ON ADMINISTRATIVE CITATIONS THE CITY OF GOLDEN VALLEY ORDAINS: SecNon 1. Adoption of Administrative Citations. Golden Valley City Code is hereby amended to include the following new Chapter 2, Section 2.90 entitled "Administrative Citations": Subdivision 1. Pur ose The City Council finds that there is a need for alternative methods of enforcing the City Code. While criminal fines and penalties have been the most frequent enforcement mechanism, there are certain negative consequences for both the City and the accused. The delay inherent in that system does not ensure prompt resolution. The higher burden of proof and the potential of incarceration do not appear appropriate for most Code violations; and the criminal process does not always regard City Code violations as being important. Accordingly, the City Council finds that the use of administrative citations and the imposition of civil penalties is a legitimate and necessary alternative method of enforcement, that will be a cost effective and expeditious alternative to traditional criminal fines and penalties. Administrative citations are in addition to any other legal remedy which may be pursued for City Code violations and the City, in its discretion, may choose not to initiate the administrative citation and procedures set forth in this section, and may bring criminal charges or seek any other remedy or penalty permitted under the City Code or other applicable law in the first or succeeding instances. Subdivision 2. Sco e (A) The administrative procedures and penalties in this section may be used for any violation of the City Code, or any violation of the terms and conditions of a City approval, including permits and licenses, required and granted under the City Code. Except as expressly provided in this section, the provisions of this section may be used concurrently with or in addition to any other procedure or remedy, criminal or civil, the City may pursue under City Code, state law, or federal law. Nothing herein restricts the right of the City to enter property immediately or to seek other remedies in emergency or other situations as authorized by City Code, state law, or federal law. Where differences occur between provisions of this section and other applicable City Code sections, this section controls to the extent of such differences. No provision of the City Code that provides a criminal procedure or penalty, or an administration or civil procedure or penalty, for a violation of the City Code shall preclude the application of this section in its entirety to such violation. 1 DRAFT 6/1/15 (B) The penalties and procedures provided in this section shall be applicable to every section and chapter of the City Code, the same as though this section were a part of each separate section and chapter. (C) It is the intention of the City Council that the penalties and procedures provided by this section shall apply to any amendment of the City Code, whether or not such penalty is reenacted in the amendatory ordinance, unless otherwise provided in the amendatory ordinance. (D) Section 2.12, Subdivision 3, of the City Code shall not apply to this section. Subdivision 3. General Provisions (A) A violation of a provision of the City Code, or a violation of the terms and conditions of a City approval, including permits and licenses, required and granted under the City Code, is an administrative offense that may be subject to an administrative citation and civil penalties set forth herein; provided an administrative offense shall not include any such violation subject to the Uniform Traffic Regulations Act in Chapter 169 of the Minnesota Statutes. (B) Unless expressly provided otherwise in the City Code, each day a violation exists constitutes a separate administrative offense. (C) The City Council shall adopt by ardinance a schedule of penalties for offenses that may be initiated by administration citation. (D) The City Council may adopt by resolution a schedule of fees to be paid to administrative hearing officers for his or her services. (E) The maximum monetary penalty for a single administrative offense may not exceed the maximum monetary fine authorized by state law for misdemeanor offenses or the maximum monetary penalty authorized by state law for an administrative process; provided for purposes of determining the amount of the monetary penalty the cost of any required compliance actions and any consequences of a revoked or suspended license shall not be included. (F) The City Manager is authorized to promulgate rules and forms to implement the procedures herein. Subdivision 4. Administrative Citation. (A) Any person with authority to enforce the City Code may, upon a reasonable belief that there has been a violation thereof(or a violation of the terms and conditions of a City approval, including permits and licenses, required and granted under the City 2 DRAFT 6/1/15 Code) issue an administrative citation to the violator or party responsible for the violation in one of the following ways: (1) By personal service upon the owner of the property or an occupant of suitable age residing at the property where the violation occurred, or in the case of a business or corporation, the citation may be served upon a manager on the premises or to a corporate officer; (2) By first class mail to a person identified in Subdivision 4(A)(1); (3) By posting the citation in a conspicuous place on or near the main entrance when it reasonably appears the property is occupied but the occupants are not available or willing to accept personal service, and where the property is not a licensed rental dwelling; (4) By posting the citation in a conspicuous place on or near the main entrance and mailing by first class mail a notice of the citation to the owner of record where it reasonably appears the property is vacant or abandoned; or (5) By posting the citation in a conspicuous place on or near the main entrance and mailing by first class mail, notice of the citation to the licensee when the property is a rental dwelling licensed by the City (B) The administrative citation shall state the nature, location, date, and time of the violation, provide a citation to the section of the City Code violated, identify the person issuing the administrative citation, the civil penalty, where, by when and in what manner any fine must be paid, a brief description of the process to contest, required compliance or abatement actions (if applicable) and any other information the City Manager deems applicable. (C) If the City seeks to impose more than one penalty for a continuing violation, a separate citation shall be issued for each violation date. Subdivision 5 Responding to an Administrative Citation (A) A party who has received an administrative citation must, within twenty(20) days after the administrative citation is issued, pay the amount of any fine set forth therein or, if the party desires to contest the administrative citation, request a hearing as set forth in Subdivision 9 of this section. (B) Any fine may be paid in person at City Hall, by mail or by other method set forth in the administrative citation. (C) Payment of any fine shall be deemed a final admission of the violation and thereafter the City shall not bring a criminal charge for the same violation. 3 DRAFT 6/1/15 (D) Payment of any fine shall not excuse the failure to satisfy any compliance orders referenced in the administrative citation and such payment shall not bar further enforcement activity by the City for a continuing violation, including without limitation the issuance of additional administrative citations. Subdivision 6. Recoverv of Civil Fines (A) If a fine imposed by an administrative citation is not paid within the time specified, it constitutes: (1) A personal obligation of the violator; and (2) A lien upon the real property upon which the violation occurred if the property or improvements on the property were the subject of the violation and the property owner was responsible for that violation. (B) A lien may be assessed against the property and collected in the same manner as taxes. The lien may include the administrative and legal costs incurred by the City in connection with collecting the unpaid administrative penalty. (C) A personal obligation may be collected by any appropriate legal means. (D) A late payrnent fee of 10% of the fine amount will be assessed for each 30-day period, or part thereof, that the fine remains unpaid after the due date. (E) During the time that a fine remains unpaid, no City approval will be granted for a license, permit, or other City approval sought by the violator or for property under the violator's ownership or control. (F) Failure to pay a fine is grounds for suspending, revoking, denying, or not renewing a license or permit associated with the violation. (G) Upon failure to pay the fine within the time specified, the City may elect to charge the initial violation as a petty misdemeanor or misdemeanor charge, and the administrative offense procedure set forth in this section shall no longer apply to such violation. (H) This foregoing of this Subdivision 6 shall be an additional remedy and not in lieu of any other penalty provided for in City Code or state law. Subdivision 7. Optional Procedure The City, in its sole discretion, may choose not to utilize the administrative citations and procedures provided for under this section for any violation of the City Code and may instead bring criminal charges or any other remedy (including civil fines) permitted by 4 DRAFT 6/1/15 the City Code, state law or federal law. In the event a party participates in the administrative citation procedures set forth in this section, but does not comply with the civil penalty imposed and the party is not otherwise absolved of the administrative offense, the City may seek to collect the costs of the administrative offense procedure including without limitation the City's attorney fees and cost as part of a subsequent criminal sentence in the event the party is charged and is found guilty of the violation. Subdivision 8. Disposition of Penalties All civil fines collected pursuant to this section shall be paid to the City and deposited into the general fund. Subdivision 9. Appeal Process. (A) Any person directly affected by an administrative citation issued pursuant to this Section shall have the right to appeal to a hearing officer as provided for in Section 2.91 of the City Code. (B) The failure to pay the fine or request a hearing within twenty (20) days after the citation, or the failure to attend the hearing, constitutes a waiver of the violator's rights to an administrative hearing and is an admission of the violation. A hearing officer may waive this result upon good cause shown. Examples of"good cause": death or incapacitating illness of the accused; a court order requiring the accused to appear for another hearing at the same time; and lack of proper service of the citation or notice of the hearing. "Good cause" does not include forgetfulness and intentional delay. (C) If the final adjudication of the administrative citation under the appeal procedure is a finding of no violation, then the City may not prosecute a criminal violation based on the same set of facts. This does not preclude the City from pursuing a criminal conviction for a violation of the same provision based on a different set of facts. A different date of violation will constitute a different set of facts. (D) The City will not be obligated to reimburse for any costs undertaken pursuant to a compliance order, even if it is determined, after an appeal hearing, that there was no violation as charged in the administrative citation. Subdivision 10. Failure to Pav is Separate Violation. The following are separate violations of the City Code, punishable as misdemeanors in accordance with state law: (A) Unless a notice of appeal has been timely filed, failure to pay the civil fine within the time required after issuance of an administrative citation. 5 DRAFT 6/1/15 (B) Failure, without good cause, to appear at a hearing which was scheduled under Subdivision 9; and (C) Failure to pay a fine imposed by a hearing officer within thirty(30) days after it was imposed, or such other time as may be established by the hearing officer, unless the judicial review has been sought for the matter in accordance with state law. Section 2. Adoption of Administrative Hearing Procedures. Golden Valley City Code is hereby amended to include the following new Chapter 2, Section 2.91 entitled "Administrative Hearing Procedures": Subdivision 1. Administrative Hearings (A) Where the City Code entitles a person to an administrative hearing this Section shall apply and Section 2.14 of the City Code shall not apply. (B) A person wishing to exercise their right to an administrative hearing shall file a notice of appeal with the City Clerk. The notice of appeal must be filed with the City Clerk on the form prescribed by the City Manager within (20) days after issuance of the administrative citation, notice or order that is to be the subject of the hearing. If required by the section of the City Code granting the right to the administrative hearing or �*'��r �ra��the Citv's master fee schedule, the notice shall be accompanied by the applicable fil�in. fee. (C) The City Council shall periodically approve a list of persons, from which the City Manager or designated agent will randomly select a hearing officer to hear and determine a matter for which a hearing is requested. (D) The appellant has the right to request, no later than ten (10) days before the date of the hearing, that the assigned hearing officer be removed from the case. One such request for each case will be granted automatically by the City Manager or designated agent. A subsequent request must be directed to the assigned hearing officer who will decide whether the hearing officer can fairly and objectively review the case. If such a finding is made, the City Manager or designated agent must assign another hearing officer. The hearing officer is not a judicial officer but is a public officer as defined by Minnesota Statutes, Section 609.415. The hearing officer must not be an employee of the City. The City Manager or designated agent must establish a procedure for evaluating the competency of hearing officers, including comments from citizens and City staff. (E) Upon the hearing officer's own initiative or upon written request of an interested party demonstrating the need, the officer may issue a subpoena for the attendance of a witness or the production of books, papers, records or other documents that are material to the matter being heard. The party requesting the subpoena is responsible for serving the subpoena in the manner provided for civil actions and 6 DRAFT 6/1/15 for paying the fees and expenses of any witness. A person served with a subpoena may file an objection with the hearing officer promptly but no later than the time specified in the subpoena for compliance. The officer may cancel or modify the subpoena if it is unreasonable or oppressive. A person who, without just cause, fails or refuses to attend and testify or to produce the required documents in obedience to a subpoena is guilty of a misdemeanor. Alternatively, the party requesting the subpoena may seek an order from district court directing compliance. (F) The City shall schedule the hearing to occur within days of the City receiving a request for a hearing in the form prescribed by the City Manager. Notice of the hearing must be served on the person responsible for the violation at least 14 days in advance of the hearing, unless a shorter time is accepted by all parties. Service of the notice will be by first class mail and will be complete upon mailing. At the hearing, the parties will have the opportunity to present testimony and question any witnesses, but strict rules of evidence will not apply. The hearing officer must record the hearing and receive testimony and exhibits, and keep a record of documentary evidence submitted. The officer must receive and give weight to evidence, including hearsay evidence, that possesses probative value commonly accepted by reasonable and prudent people in the conduct of their affairs. (G) The hearing officer must: (1) determine whether the City has established by a preponderance of the evidence that, as applicable, a violation of the City Code, or a violation of the terms and conditions of a City approval, including permits and licenses, required and granted under the City Code, has occurred; (2) determine whether the corrective action and/or administrative decision resulting from the alleged violation is reasonable; and (3) affirm, vacate or modify the City's administrative decision regarding the alleged violation and/or corrective action. (H) The hearing officer has the authority to reduce, stay, or waive a scheduled penalty either unconditionally or upon compliance with appropriate conditions. The hearing officer may increase the scheduled fine when the actual costs of enforcement are shown by a preponderance of the evidence to be greater than the amount of the scheduled fine. (I) When imposing a penalty for a violation, the hearing officer may consider any or all of the following factors: (1) The duration of the violation; (2) The frequency or recurrence of the violation; 7 DRAFT 6/1/15 (3) The seriousness of the violation; (4) The history of the violation; (5) The violator's conduct after issuance of the notice of hearing; (6) The good faith effort by the violator to comply; (7) The economic impact of the penalty on the violator; (8) The impact of the violation upon the community; and (9) Any other factors appropriate to a just result. The hearing officer may exercise discretion to impose a fine for more than one day of a continuing violation, but only upon a finding that the violation caused a serious threat of harm to the public health, safety, or welfare or that the accused intentionally and the unreasonably refused to comply with the City Code requirement. (4) The hearing officer's decision and supporting reasons must be in writing, and shall include: the hearing officer's decision, the factual and legal basis for the determination; the corrective action required, if any; the date and time by which corrective action must be taken; and the penalty assessed, if any. The hearing officer shall mail a copy of the decision to the appellant. Subdivision 2. Appeal from an Administrative Hearing. The decision of the hearing officer is final without any further right of administrative appeal. An aggrieved party may obtain judicial review of the decision of the hearing officer in accordance with state law. Section 3. In order to promote the most effective use of administrative citations and the administrative hearing process described above, certain provisions of the City Code need to be modified or amended as set forth below. Subdivision 1. Amendment to Section 2.14 ("Right to Administrative A eal" . City Code, Section 2.14 is hereby amended and restated in its entirety as follows: If any person shall be aggrieved by any administrative decision of the City Manager or any other City official, or any Board or Commission not having within its structure an appellate procedure, such aggrieved person is entitled to a full hearing before the Council upon serving a written request therefor upon the City Manager at least ten (10) days prior to any regular Council meeting. Such request shall contain a general statement setting forth the administrative decision to be challenged by the appellant. At such hearing the appellant may present any evidence the appellant deems pertinent to the appeal, but the City shall not be required to keep a verbatim record of the proceedings. This Section shall not annlv if the 8 DRAFT 6/1/15 a �rieved uerson has the ri�ht to an administrative hearin� under Section 2.91 of the Citv Code. Subdivision 2. 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J''> > ' � .,,7.Y.;.�;��,-.,+:..o ,.;+.,+:,�.. .,,..a �1..,11 ,,,-,7o,...v�,,,-,, „�.,11 ,. ,�.,,-E „��1. �'1' � CLllll l f l l l J ll UlZ�Cr ;frl�o „ o.,i ; ..i.oia rrt,v r�,.,,,.;i ,,.. ��+,.�..v „ +� a � ia .. ...=.J ...p,t,...+_ .., .+1.......... ...v vvuaava iuy'Yv.��Yvaiv u iiivvciirg-ariv-rivicti-u �e��;-a�-a-�-��e�-��o� ,,,,. +� o ooa � .,�..«m a.,,.� „�o +�. � • �;ioa .,�,o� ;+; .�„ a� � � � � • Cit Code, Section 4.20. Subdivision 15 is herebv deleted in its entiretv. Subdivision 3. Amendment to Section 5.02 ("Action on Application, Transfer, Termination and Dunlicate License"). The last two full paragraphs of City Code, Section 5.02, Subdivision S.F. are amended and restated in their entirety as follows. 10 DRAFT 6/1/15 �eAnv of the fore�oin� civil nenalties mav be imnosed bv an administrative citation under Citv Code. Section 2.90, or in the alternative bv action of the Council. If one of the fore�oin� nenalties is imnosed bv an action of the Council, no fine, suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing before the Council; or a committee of the Council, e�-�--n�� a�� ''�'m;^;�+r^+;�,� "r^^��'„r�� n^+, as may be determined by the Council in action calling the hearing. Such hearing shall be called by the Council upon written notice to the licensee served in person or by certified mail not less than fifteen (15) nor more than thirty(30) days prior to the hearing date, stating the time, place and purpose thereof. The licensee may agree to such fine, suspension or revocation im osed bv an action of the Council without a hearing by providing the City Manager with a written notice of hearing waiver and acceptance of penalty. In lieu of the civil penalties and license suspensions imposed above, �ke whether imnosed bv administrative citation or an action of the Council, the licensee may choose to surrender the license to sell alcohol for a minimum period of twelve (12)months from the date of license surrender. Subdivision 4. Amendment to Section 6.03 ("Action on Application, Transfer, Termination and Duplicate License"1. City Code, Section 6.03, Subdivision 4 is amended and restated in its entirety as follows. The Council may, for any reasonable cause, refizse to grant any application, or revoke or suspend any license, , ��t�t�r��. No license shall be granted to a person of questionable moral character or business reputation. Before revocation or suspension of any license �r '��r� . �;+:�� ^ �a-�;^;�*r�*;-,� �� , the Council shall give notice to the licensee and grant such licensee opportunity to be heard. Notice to be given and the exact time of hearing shall be stated in the resolution calling for such hearing. The Department of Public Safety shall provide the Council with a report on compliance and illegal conduct by the applicant. Grounds for revocation or suspension may be,but are not limited to, any of the following: A. That the licensee suffered or permitted illegal acts, or acts prohibited under Chapter 6 of the City Code, upon the licensed premises; B. That the licensee had knowledge of such illegal or prohibited acts but failed to report the same to police; C. That the licensee failed or refused to cooperate fully with police in investigating such alleged illegal or prohibited acts; or, 11 DRAFT 6/1/15 D. That the activities of the licensee created a serious danger to public health, safety, or welfare. Subdivision 5. Amendment to Section 6.34 ("Tobacco"). City Code, Section 6.34, Subdivision 13.C. is amended and restated in its entirety to read as follows. Administrative Penalty Procedure. �o--s�� '*�� m�-� *�'-� Notwithstandin� anvthin�to the contrarv in this Subdivision 13: 1. Anv of the administrative civil nenalties set forth in this Subdivision 13 that mav be imposed bv the Council. mav in the alternative be imnosed bv an administrative citation under Citv Code. Section 2.90. 2. If one of the fore�oin� nenalties is imnosed bv an action of the Council, no nenaltv shall take effect until the licensee or person has received notice (served personally or by mail) of the alleged violation and of the opportunity for a hearing before the Council „�i,,,,.;�oa i,.,+�,o r:+.. �„ ,. �a,,,.� +�,o ,,o,,,-;..,� n � and such notice� ��^'^+��~ '�� a must be in writing and must provide that a right to a hearing before the Council must be requested within ten (10) business days of receipt of the notice or�such ri�ht shall terminate. Subdivision 6. Amendment to Section 10.53 ("Graffiti"). City Code, Section 10.53, Subdivision 7 is hereby amended and restated in its entirety as follows: n n a,.,;,,;��,..,�;..o r�;+.,�;,,.,� � n f;�o �,. ., „i.,.;,,,, ��.,....� „��.:� eo„�;,,.. .,, .�o „ oa �.�z � ��.,.,,,,,��. .,,, n a,,,;,,;�.,..,�;.,o r;�.,+;,,,, oa �..,*t�o r;�., n,r.,�,,,.o,.�., ao�;,.,,00 �lll V lAbll Ull l 1LLIIITIII7 G � � „a � ..,�.io a:,.o,..i.,�„ +t,o r;+., e ��ri�s�i�e-r'�e��. rr�.e�o �„o� ��-�e�e�eee�t#e� nan�lf<, f,- ., �.7o,v.o.,.,,�.-. ,�1.,�;.,,, , ,,.]o,-C+.,�o 1.,.,, '2 D.,.,,�,o.,� ,.F.,.,.,� ..1, �,,o �l,.,ll ,,,�� o o�l,o �;1,,,-0+., „ o,.++l.o ✓. i u-�..ia, . „1.,4;,,.. ., �l�.,ll ;4 1,.,,.�,.-+l.o,-o,��,-„o,v.o,�+ .,,.�;..;4.,1...+l.o !'';+., Y�1V1UL1V11 11V1 J�lU11Z1 . � n,,.,f;.,o�,,;a � „��„ +t,;� co,.�:,,r �i,,,ii i.o,.o�,�aoa ;�:+ ; T. IIS !i �/Y nTYor n �� onr�v�� Nn+ ��Aro� ��v� � 0 0 ' o ' L��n o� +�o /��m [++v�� o ��n+� 12 DRAFT 6/1/15 c n�.,.,,o„� f;,,. „ , n a,,,;,,;�+,-„+;..o r;+.,+;,,r �t�„ii t�o a„o�.,,o.,�., i�n� a.,.,� .,�+o :.� i rrt,o a.,�o ,.�'+i.o. „�„+;,,,,• . , �}��c�S-6�--c�-��2i�3��{�(,'SC�i��16 ^�1--vi +�ic�^vi,-ca�t6n-=dr'n�(..'-�l,i-d-iviiravii � �—�fi�'k�Si'.7�3�--o*rr�'rc�ca�-I��Y-fl�ii�6xirriiii6�i €6i�"�'-PE`3�� .'� �l Tl,o,. ,.4'�1.;� Co,.E;,... . .,l.,+o.a .,..rl ., rlo�,.,-:,.�:,,., ,�4'+l,0. ,�7.,+;,�,,• T. i i■�.Yiv`v'i�ivirv , G Tl,o �..o �,.1.0,7„l0 �,-�l,o. „1.,�:,.„• �. � � A rlo�,.,-:,.+:,,,, ,�Fl,,,.., ..l.o,. ,.a .,,l,o,-o+l,o �„o.v, ,�*l,o,..,;,7• v. a�uwvr.P..ivirvr-.z � ' � " � '7 A l„«o�f.ao�..,«,.�;,,.. .,�+l,o ., o.,l ,. � . o "� 4 Tl,o„ ,.,7 � ,.�,,,-o .,�*l,o ,.;�;,,.. f'':+.,l��f.,,,.,,To,-�� ,ao�;.T.,00 v. z nti.ci" � . rV n o,.�..o,-.,,.��..o,. „i�;,,,. �-,,.,, n a,,.;..:��,-.,�:.,o r;..,+;�� n,.,.�e..�..,. �t,.,ii �,. �«.� � . � t.o ..,,�;�oa . ,,,-i..�..,r T c �,r.,:t ,.�„r.>,,,,.�+,,,,a;,,,. n a,,..;,,;�+,-„+;..o r;�.,�;�..� �r�c�-rEit-a�e�s-�t��esse��t�#e�e�e�t, 'r�,;,.�., «n� a.,.,� .,�o,.,,,,,;i;,,,� � „�, io��o,. ��.o �-io..i. �i..,ii �io „ „��,,.,a;,,,. UU}'J U1LV1 111U11111� JI.�VIl � oa. .,a „� , i; „�„ „��.o „i.. ;aoa � r;...r,.ao ,. c�„�o � r� �.,;i,,,,o.,. � . n a,,,;�;��,-.,�:.,o r;�,,.;,,.. �,,;i,,,.o�,.,. n a,,,;r;�*..,,�;.,o v. i uiim�. , r'czcaci6�i-S�-E6�e-�-S�F-c��E��i6 ^i�ar=r'iv^ir'k�i6i3-6��rc-a^� �Cost recovery. The owner of property on which a nuisance has been abated by the City, or a person who has caused a public nuisance on property not owned by that person, is personally liable to the City for the cost of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, an appropriate official will prepare a bill for the cost and mail it to the owner or other responsible party. The amount is immediately due and payable to the City. Section 3. This Ordinance is effective on its passage and publication as required by law. 13 DRAFT 6/1/15 CITY OF GOLDEN VALLEY HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE ADOPTING PENALTIES FOR ADMINISTRATIVE CITATIONS WHEREAS, the Golden Valley City Council has adopted Ordinance No. on , 2015, establishing a new Chapter 2, Section 2.90 of Golden Valley City Code entitled, "Administrative Citations", and WHEREAS, Section 1, Subdivision 3 of said Ordinance provides that penalties be imposed for administration citations according to a schedule of penalties for offenses that may be initiated by administration citation; and WHEREAS, it is the desire of the Golden Valley City Council to establish such administrative offense penalty schedule. NOW, THEREFORE, the City of Golden Valley ordains that the following administrative offense penalty schedule is adopted: �FFENSE DE�CRIPTiON Ct7�E S�CT�ON PENALTY .. Any violation of Chapter 1 through 12 of the City For any violation of the 15'Citation: $100.00 Code, inclusive not specifically listed in this Ciry Code, not otherwise 2"a Citation within 12 month period:$250.00 schedule. listed in this schedule. 3�d Citation within 12 month period:$500.00 4'� & Subsequent Citations within l2 month eriod: $500.00. A violation of City Section 330,Subdivision 3.E., Sec.330,Subd.3.E. The penalties set forth in Section 3.30, regard sump pumps. Subdivision 3.E.,of the City Code. An owner refuses an inspection or fails to Sec.330,Subd.4 The penalties set forth in Section 330, discontinue permitted discharge of clean water Subdivision 4,of the City Code. into the sanitary sewer system as required under City Code,Secrion 3.30,subdivision 4. Any violation of City Code, Section 4.32, Sec.4.32,Subd.3.J.2. The penalties set forth in Section 4.32, Subdivision 3.J.2., regarding tree preservation Subdivision 3.J.2.of the City Code. plans. Any violation of Chapter 5 of the City Code Chapter 5. The penalties set forth in Subdivision S.F. of regarding alcoholic beverages. Section 5.02 of the City Code. Any violation of City Code, Section 634, Sec.6.34. The penalties set forth in Subdivision 13 of regarding tobacco. Section 634 of the City Code. Any violation of City Code, Section 7.18, Sec.7.18,Subd.2. The penalties set forth in Subdivision 2 of Subdivision 2,regarding right-of-way permits. Section 7.18 of the City Code. Parking without permit. Sec.9.1 I,Subd.7. $25 DRAFT 6/1/15 Penalties in addition to abatement and licensing inspections. The Penalties listed above shall be in addition to any fees or costs associated with any abatement or corrective action requirements, including the cost thereof, and any licensing, inspection or reinspecton fees. This Ordinance is effective on its passage and publication as required by law. Dated this_day of , 2015. ATTEST: Thomas D. Burt Shepard M. Hams City Manager Mayor First Reading: Second Reading: Published: cityof � �. �� Fire De artment �d. �.'� p 763-593-8079/763-593-8098(fax) ..;„;t §� r �+� " P a �.: a i� �� .. 2 e�_r "_" ... 'wm��ml�II ii�ti�!'��y�nY�:� '�, . ��`" .�� .:�,d��'.�1' .''a.. . . .�'ti G "3 ,.a��P.I��. R . . .. _.. �`�P��s.,=.. ... .f .�.::a.�� .e.. .. � t 1��:�`�1�.�"��`�a'en �S. a. Executive Summary Golden Valley Council/Manager Meeting June 9, 2015 Agenda Item 4. Adoption of the 2012 International Property Maintenance Code Prepared By John Crelly, Fire Chief Summary Chapter 4, Section 4.60 of City Code, titled Residential Property Maintenance Code, currently contains regulations pertaining to minimum exterior standards of all residential properties, rental and multiple dwe�ling exterior standards, rental and multiple dwelling interior standards, rental and multiple dwelling mechanical standards and licensing of rental dwellings. The intertwining of these large scoping code elements are confusing, not comprehensive, not based on any model codes and it contains rental licensing requirements that should be in Chapter 6 of City Code. Staff is proposing the adoption of the 2012 IPMC which is produced by the International Code Council (ICC). The ICC also coordinates and produces all the other model codes that the City of Golden Valley has adopted including the Fire Code, Building Code, Residential Code, Plumbing Code and Mechanical Code. These model codes are developed through a public process and are coordinated between them to eliminate conflicting language. These codes are widely adopted and used around the metropolitan area. Staff is also proposing pulling all of the rental licensing requirements out of Chapter 4, Section 4.60 of City Code and placing it in Chapter 6 titled "Other Business Regulation and Licensing". Attachments • New Section 6.29: Licensing of Rental Housing (12 pages) • Section 4.60: Adoption of International Property Maintenance Code (46 pages) • Underlined/Overscored Version of Section 4.60: Adoption of International Property Maintenance Code (47 pages) Section 6.29 licensing of Rental Housing Subdivision 1. Purpose It is the purpose of this Section to provide minimum standards to safeguard life, limb, health, property and public welfare by regulating and controlling the use and occupancy, construction and maintenance of all residential rental units, buildings and structures within the City. The provisions contained herein are in addition to other applicable provisions of the City Code and not in lieu thereof. Subdivision 2. Scope The provisions of this Section shall apply to all rental dwellings, including rented single-family homes, rented duplexes and rental dwellings within owner-occupied buildings, as well as to rented condominiums, rented townhouses and leasehold cooperative dwelling units, as those terms are defined in Minnesota Statutes Section 273.124, Subd. 6, Minnesota Statutes, Chapter 515A, and this Section. Subdivision 3. Definitions For the purposes of this Section, the following terms are defined as follows: A. Annual Renewal Date. The date each year by when a rental license must be renewed, according to the schedule of fiscal years for rental licenses and fees established by the City Council pursuant to City Code, Section 6.04. The City Council may establish a different annual renewal date for different types of rental dwellings and/or types of building in which rental dwellings may be located (e.g., single-family homes, duplexes, townhomes, condominiums, homes with services, etc.). B. Apartment Building: A building in which four of more rental dwellings are located and all such rental dwellings are owned by the same owner. C. Code Official: The City Manager or the City Manager's designee. D. Disorderly Conduct: Shall have the meaning given such term in Subdivision 5 of this Section. E. Dwelling Unit: A single dwelling space providing independent living facilities for one or more persons, including permanent provisions for sleeping, eating, cooking, and sanitation. F. Operate: To charge a rental charge or other form of compensation for the use of a rental dwelling. G. Owner: The person owning or holding title to a rental dwelling as determined by an examination of record title to the property at the office of the Hennepin County 1 Recorder—Registrar of Titles. If more than one person owns or holds title to an individual rental dwelling, such persons shall collectively be an owner for purposes of this Section. H. Qualifying Relative: Spouse, parent, child, sibling, grandparent, grandchild, aunt, uncle, niece or nephew. The relationship may be either by blood or marriage. The code official may require sufficient written proof to establish whether someone is a qualifying relative. I. Person. A natural person or legal entity. J. Property Manager: A person authorized to manage and/or operate a rental dwelling on behalf of an owner. K. Renewal License: A rental license that is a renewal of an existing rental license granted under this Section, which renewal is granted to the same owner and for the same rental dwelling as the existing rental license. L. Rental License: The license required under this Section, including any renewal thereof. M. Rental Dwelling: A dwelling unit in the City to which a tenant has been granted the right to use. A rental dwelling includes accessory structures such as garages and storage buildings and appurtenances such as sidewalks and retaining walls which are on the premises on which a rental dwelling is located. N. Tenant: Any person granted temporary use of a rental dwelling, other than the owner of the dwelling unit and/or qualifying relative(s) of that owner, pursuant to a lease or other agreement, whether or not reduced to writing. Subdivision 4. License Required A. When required. No person shall operate a rental dwelling unless the owner thereof shall have first obtained a rental license for such rental dwelling as provided for in this Section. Any rental license received under this Section shall commence upon the date of issuance and, unless revoked or suspended, shall remain valid until the next applicable annual renewal date, provided no rental license shall extend for more than a twelve (12) month period. A person who is operating a rental dwelling after the rental license has expired is operating an unlicensed rental dwelling. (i) Exceptions: (a) A rental dwelling is not subject to this Section if it is within a hotel, motel, hospital or a nursing homes, assisted living, and other residential facilities or portions thereof licensed and inspected by the state for compliance with state building or fire codes or the City of Golden Valley Property Maintenance Code. A rental dwelling within any of the following types of facilities is subject to this Section unless the facility has a facility license 2 issued by the state and is inspected by the state for compliance with state building or fire codes or the City of Golden Valley Property Maintenance Code: group homes, independent living facilities, assisted living facilities, board and lodging homes, and other residential facilities or portions thereof, including those facilities that provide support services for their residents or that receive program reimbursement or financial assistance. (b) A room temporarily leased to a natural person within a dwelling unit while the owner of that dwelling unit resides in the dwelling unit shall not be subject to this Section, provided no more than three persons shall so lease a room within a dwelling unit at one time. B. What the rental license covers. There shall be one (1) rental license for each rental dwelling, provided when a building or buildings on a single premises contain two or more rental dwellings and all the rental dwellings within such building(s) are owned by the same owner, only one rental license shall be required for such building(s). The City shall have authority to exercise its licensing powers under this Section, including the power to issue, renew, deny, revoke, and suspend rental licenses, with respect to an entire building or only a portion of a building. C. Fees. There shall be annual license fee for each rental license. Such fee shall be in the amount established by the City Council pursuant to City Code, Section 6.04. There shall be no proration of rental license fees for a rental license that extends for less than twelve (12) months. The amount of the rental license fee may vary based on the type of rental dwelling, the type of building in which the rental dwelling is located, and/or the number of rental dwellings located in the building(s) that is the subject of a rental license. There shall be no fee charged for an initial inspection to determine the existence of any violations of the City Code at a rental dwelling. The City Council shall establish a fee for any reinspections necessary to determine whether identified violations have been corrected,to restore a rental license that has been revoked or suspended, or for any other reason a reinspection may be required under this Section. The code official may waive the reinspection fee in event of an error or other reasonable cause determined by the code official, including extension of time granted for compliance. D. Application. Application for a rental license shall be made in writing on forms promulgated by the City Manager and accompanied by the fee amount. In the case of a license renewal, such application shall be submitted at least thirty (30) days prior to the expiration date of the then existing rental license. If the application for a license renewal is not received by the City at least thirty (30) days prior to the expiration date of the existing rental license, the applicant shall pay a late fee in the amount established by the City Council. The code official may waive the late fee in event of an error or other reasonable cause determined by the code official. 3 All applications shall specify the following: 1. Name, address, and telephone number of the owner of the rental dwelling, including name of the contact person if the owner is a legal entity. 2. Name, address, and telephone number of any property manager actively managing said rental dwelling. 3. Name and address of the vendee if the rental dwelling is owned or being sold on a contract for deed. 4. Legal address of the rental dwelling. 5. Number of rental dwellings that are the subject of the application if the application involves a building in which two or more rental dwellings are located and all such rental dwellings are owned by the same owner. 6. Name, address and telephone number of on-site operating manager, if any. 7. Any other information requested by the code official to establish compliance under this Section. If the owner identified in the application is a legal entity, the applicant shall submit, upon request of the code official, the name and address of all partners, shareholders or interest holders. E. Inspections required. Each rental license application and rental license is at all times subject to the code official's right to inspect the affected rental dwelling to determine whether it is in compliance with the City Code and state law. The code official shall determine the schedule of periodic inspections. Inspections may include all common areas, utility and mechanical rooms, garages, exterior of structures and exterior property areas. F. Access for Inspection. No rental license shall be issued under this Section unless the owner of the rental dwelling agrees to permit inspections, upon reasonable notice from the code official to the owner, to determine compliance with the City Code and state law. The submission of a rental license application or the possession of a rental license issued by the City shall constitute such agreement by the owner identified in the application or on the rental license. Each tenant shall grant access to any part of its rental dwelling at reasonable times for the purpose of effecting inspection, maintenance, repairs or alterations as are necessary to comply with the provisions of this Section. If any owner, owner's agent, property manager or tenant fails or refuses to permit entry to a rental dwelling under its control for an inspection pursuant to this Section, the code official may pursue any remedy at law or under the City Code, including, but not limited to, securing an administrative search warrant for the rental dwelling, issuing an administrative citation, denying a rental license application, revoking or suspending a rental license, or denying a renewal license. Without limiting the foregoing, should an owner, owner's agent, or property 4 manager fail to keep a scheduled inspection without reasonable cause or refuse to permit entry to the rental dwelling, a reinspection fee may be charged. G. Resident Agent Required. No rental license shall be issued for a rental dwelling unless (i) the owner thereof resides within the counties of Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, Washington, Sherburne or Wright or (ii) the owner designates in writing an agent or property manager residing or located within such counties who is responsible for maintenance and upkeep of the rental dwelling and who is authorized to provide the code official access to the rental dwelling, to receive service of notice of violations of the City Code, to receive orders from the code official and to institute remedial action to effect such orders and to accept all service of process pursuant to law. H. Crime Free Training. An owner or property manager who owns or manages more than one rental dwelling in the City must complete a Crime Free Training program (or similar program) approved by the City's police department. No renewal license shall be granted unless the owner (and property manager, if any) identified on the rental license application has completed such training within the three-year period immediately preceding the date of such application. If a rental dwelling owned by a person who is not required to complete this training pursuant to the foregoing and that rental dwelling is the subject of three or more events of disorderly conduct within a 365-day period, that person must complete the training before a renewal license may be granted for that rental dwelling. I. Crime Free/ Drug Free Lease Addendum Requirements. a) Subject to any preemptory state and federal laws, all signed tenant leases, including any lease renewal, for a rental dwelling executed after shall contain the following crime free addendum language or equivalent language: 1. Tenant, any members of the tenant's household or a guest or other person affiliated with the tenant shall not engage in illegal activity, including drug- related illegal activity, on or near the premises. 2. Tenant, any member of the tenant's household or a guest or other person affiliated with the tenant shall not engage in any act intended to facilitate illegal activity, including drug-related illegal activity, on or near the premises. 3. Tenant, any member of the tenant's household or a guest or other person affiliated with the tenant shall not permit the rental dwelling to be used for, or to facilitate illegal activity, including drug-related illegal activity, regardless of whether the individual engaging in such activity is a member of the household or a guest. 4. Tenant, any member of the tenant's household or a guest, or other person affiliated with the tenant shall not engage in the unlawful manufacturing, selling, using, storing, keeping, or giving of a controlled substance (as defined in Section 102 of the Controlled Substance Act [21 U.S.C. 802]) on or near the premises. 5 5. Violation of the above provisions shall be a material and irreparable violation of the lease and good cause for immediate termination of tenancy. 6. The term "drug related illegal activity" means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use of a controlled substance (as defined in Section 102 of the Controlled Substance Act [21 U.S.C. 802]). b. Non-exclusive remedies. The crime free/drug free addendum is in addition to all other terms of the lease and do not limit or replace any other provisions. J. Posting. All apartment buildings shall post the rental license issued for that building. The rental license shall be conspicuously posted (in a frame with a glass covering), in a common area, hallway or lobby. All other rental dwellings shall have a copy of the rental license on the premises. K. Applicable Laws. Rental licenses shall be subject to the applicable provisions of the City Code and state law relating to rental dwellings. L. Transfer of license. No rental license under this Section is transferable. If(i) any owner holding a rental license transfers ownership or legal control of the rental dwelling that is the subject of the rental license, (ii) appoints or changes the agent required under Subdivision 4.G. in this Section, and/or (iii) authorizes a property manager to manage the rental dwelling (other than a property manager identified in the application for the rental license), then the owner shall provide the code official written notice of such event within 72 hours thereafter. Such notice shall include, as applicable, (i) the name and address of the person succeeding to the ownership or control of such rental dwelling, (ii)the name and address of the appointed agent; and (iii) the name and address of the authorized property manager. Any new owner shall apply for a new rental license within 3 days after its acquisition of the rental dwelling. Subdivision 5. Conduct On Licensed Premises It shall be the responsibility of an owner holding a rental license to take appropriate action to prevent conduct at the licensed rental dwelling by tenants or their guests constituting disorderly conduct. A violation of any of the following statutes or ordinances shall be deemed disorderly conduct: A. Minnesota Statutes, Sections 609.75 through 609.76, and City Code Section 10.66, which prohibit gambling; B. Minnesota Statutes, Sections 609.321 through 609.324, which prohibits prostitution and acts relating thereto; C. Minnesota Statutes, Sections 152.01 through 152.025, and Section 152.027, Subdivisions 1 and 2, which prohibit the unlawful sale or possession of controlled substances; 6 D. Minnesota Statutes, Section 340A.401, which prohibits the unlawful sale of alcoholic beverages; E. Minnesota Statutes, Section 340A.503, which prohibits the underage use of alcoholic beverages; F. Minnesota Statutes, Section 609.72 and City Code 10.60, 10.62, and 10.85 which prohibits disorderly conduct when the violation disturbs the peace and quiet of the occupants of at least one unit on the licensed premises or other premises, other than the unit occupied by the person(s) committing the violation; and G. Minnesota Statutes, Sections 976.021, 976.045, 609.66 through 609.67 and 624.712 through 624.716 which prohibit the unlawful possession, transportation, sale or use of a weapon. Subdivision 6. Disorderly Conduct Violations A. Disorderly conduct at a rental dwelling shall be determined and handled by the police department. B. A determination that disorderly conduct has occurred at a rental dwelling shall be made upon substantial evidence to support such a determination and shall be subject to Minnesota Statutes, Section 504B.205, subd. 3. It shall not be necessary that criminal charges be brought to support a determination of disorderly conduct, nor shall the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this Section based on such disorderly conduct. C. Upon notification from the police department to the code official that there have been three or more events of disorderly conduct at a rental dwelling with a thirty-six (36) month period, the code official shall send a written warning to the owner of such rental dwelling, notifying the owner that: (i) If there is an additional event of disorderly conduct at the identified rental dwelling within the twelve (12) month period following the date of the warning, such disorderly conduct shall constitute a violation of this Section and shall entitle the City to the remedies set forth herein, including the revocation, suspension, non-renewal or denial of a rental license; (ii) Within ten (10) days after the code official's issuance of the written warning,the owner shall submit to the code official and the police department, a written management plan detailing the actions taken and proposed to be taken by the owner to prevent further disorderly conduct at the identified rental dwelling; (iii) Within twenty (20) days after the acceptance of the management plan by the code official and the police department, the owner shall implement all the provisions of the management plan; and � (iv) If the owner fails to submit or implement a management plan as required, such failure shall constitute a violation of this Section and shall entitle the City to the remedies set forth herein, including the revocation, suspension, non-renewal or denial of a rental license. D. If the owner fails to provide or implement a management plan within the period required, or there is an event of disorderly conduct at the rental dwelling within twelve (12) months after the written warning, such failure shall be a violation under this Section. Subdivision 7. Revocation or Suspension of Rental license A. In addition to its powers under City Code, Section 6.03, the City Council may revoke, suspend, deny or decline to renew any rental license applied for or issued under this Section based on any of the following circumstances: 1. The rental license was procured by misrepresentation of material facts with regard to a rental dwelling or the ownership of a rental dwelling. 2. The applicant, or one acting in the applicant's behalf, made oral or written misstatements accompanying the application. 3. The applicant has failed to comply with any condition set forth in any other permits/license granted by the City. 4. The activities of the owner create or have created a danger to the public health, safety or welfare. 5. The rental dwelling, the building of which such dwelling is a part, or any portion thereof, contains conditions that might injure, or endanger the safety, health or welfare of any member of the public. 6. Failure to correct violations of the City of Golden Valley Property Maintenance Code in the time period specified in the notice of violation and correction. 7. Failure to continuously comply with any condition required of the applicant for the approval or maintenance of the rental license. 8. Failure to include the crime free/ drug free lease addendum in all leases as required by Subdivision 4.1. of this Section. 9. A violation under Subdivision 6.D. of this Section. 10. Any other violation of this Section. B. Prior to any revocation, suspension, denial or declination by the City Council under this Section, the code official shall send written notice to the owner specifying the ordinance or law violations with which they are accused and the affected rental dwelling. The notice shall also specify the date for the hearing before the City Council, which shall not s be less than ten (10) days from the date of the notice. At the hearing before the City Council, the owner or their representative may submit and present evidence on their behalf. After the hearing, the City Council may revoke, suspend, deny or decline to renew the rental license. C. If the affected rental dwelling is within a building containing more than one rental dwelling owned by the same owner, the revocation, suspension, denial or declination may apply to one or more rental dwellings within that building, at the discretion of the City Council. D. If a rental license is suspended, revoked or not renewed pursuant to this Section, then until such time as a valid rental license has been restored it shall be unlawful for the owner to thereafter permit any occupancy of the formerly licensed rental dwelling by a tenant. The affected rental dwelling shall be vacated by all tenants, giving tenants a reasonable time to arrange new housing and to move their possessions. E. Rental licenses may be suspended for up to 120 days and may, after the period of suspension, be reinstated subject to compliance with this Section and any conditions imposed by the City at the time of suspension. Rental licenses that are revoked shall not be reinstated for a period of up to 120 days and until the owner has applied for and secured a new rental license and complied with a!I conditions imposed at the time of revocation and all applicable sections of the City Code. Subdivision 8. Maintenance Standards Every rental dwelling shall be maintained in accordance with the minimum standards set forth in state law and the City Code, in addition to any other permits issued by the City or by the state. Subdivision 9. Conflicts Where there are conflicts between this Section and any other provision of the City Code or other state or federal laws, regulations, or rules, the more restrictive shall govern. Subdivision 10. Enforcement The code official is hereby authorized and directed to enforce all of the provisions of this Section and all the provisions of the City of Golden Valley Property Maintenance Code with respect to rental dwellings. Subdivision 11. Owner and Tenant Responsibilities A. Owner. 1. Owners of rental dwellings shall construct and maintain said dwellings in accordance with the requirements of the City Code. 9 2. No person shall lease to another for occupancy any rental dwelling which does not comply with the applicable fire prevention provisions of the City Code. B. Tenants. 1. Each tenant of a rental dwelling shall keep in a clean and sanitary condition that part of the dwelling and related premises which that person occupies or controls. 2. No person shall occupy any rental dwelling which does not comply with the applicable fire prevention provisions of the City Code. Subdivision 12. Notices and Orders of Code Official A. Notice. Whenever the code official determines that a rental dwelling, a building of which such dwelling is a part, or any portion thereof violates any section of the City Code or that there are reasonable grounds to believe that a violation exists, notice shall be given in the manner set forth in Section 107 of the City of Golden Valley Property 1�laintenance Code, provided in all instances such notice shall also be provided to the applicable owner, if such Section 107 does not require such notice to be sent to the owner. B. Emergency Orders. Whenever the code official finds that an emergency exists in relation to the enforcement of the provisions of this Section which requires immediate action to protect the health, safety or welfare of occupants of any rental dwelling, a building of which such dwelling is a part, or any portion thereof, the code official may issue an order reciting the existence of such emergency and requiring that such action be taken as deemed necessary to meet the emergency, notwithstanding any other provision of this Section. Subdivision 13. Administrative Citation The code official may issue one or more administrative citations under City Code, Section 2,90, to enforce any provision in this Section and, in addition to imposing monetary fines, such citations may require corrective actions. Subdivision 14. Appeal Process Any person directly affected by an administrative citation, decision or order issued by the code official pursuant to this Section shall have the right to appeal to a hearing officer in an administrative hearing as provided for in City Code, Section 2.91. The City Council may establish by ordinance a fee that must accompany any such appeal under this Section. Subdivision 15. No Warranty by City By enacting and undertaking to enforce this Section of the City Code, neither the City nor its Council, agents, or employees warrant or guaranty the safety, fitness or suitability of any rental dwelling or dwelling unit in the City and any representation to the contrary by any person is a 10 misdemeanor. Owners, their agents, property managers and tenants should take whatever steps they deem appropriate to protect their interests, health, safety and welfare. Subdivision 16. Violation a Misdemeanor Every person who violates a subdivision, paragraph or provision of this Section when such person performs an act thereby prohibited or declared unlawful or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. 11 SECTION 4.60: ADOPTION OF INTERNATIONAL PROPERTY MAINTENANCE CODE Subdivision 1. Code Adopted The International Property Maintenance Code, 2012 Edition, ("IPMC") published by the International Code Council, Inc., is hereby adopted by reference for the City as modified and amended by Subdivisions 2 below. The IPMC, as modified and amended by Subdivisions 2 below, shall be considered a part of this Section as if set out in full herein and shall be referred to as the Golden Valley Property Maintenance Code. Subdivision 2. Amendments to the IPMC The IPMC adopted by reference in Subdivision 1 is hereby amended in the following respects for application within the City: (a) Section 101.1. This Section is revised in its entirety to read as follows: "These regulations shall be known as the Golden Valley Property Maintenance Code, hereinafter referred to as "this code."" (b) Section 102.1. The following sentence is added at the end of this Section. "When there is a conflict between this code and any other section of the City Code, the more restrictive shall govern." (c) Section 102.3. In the first sentence, the terms: "International Building Code, International Energy Conservation Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, International Plumbing Code and NFPA 70" are deleted and replaced with "Minnesota State Building Code, the Minnesota State Fire Code, the Minnesota Plumbing Code, the Minnesota Residential Code, the Minnesota Fuel Gas Code, the Minnesota Mechanical Code, the Minnesota Electrical Code, the Minnesota Residential Energy Code and the Minnesota Commercial Energy Code". In the second sentence the term "International Zoning Code" is deleted and replaced with "City Zoning Code as set forth in Chapter 11 of the City Code". (d) Section 102.7 . This first sentence of this Section is revised in its entirety to read as follows: "The codes and standards referenced in this code shall be those that are listed in the Minnesota State Building Code, the Minnesota State Fire Code,the Minnesota Plumbing Code,the Minnesota Residential Code, the Minnesota Fuel Gas Code,the Minnesota Mechanical Code, the Minnesota Electrical Code,the Minnesota Residential Energy Code and the Minnesota Commercial Energy Code and considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.7.1 and 102.7.2.,, (e) Section 103. The title of this Section is revised in its entirety to read as follows: "Administration of this Property Maintenance Code." (f) Section 103.1. This Section is revised in its entirety to read as follows: "The City Manager shall administer this code." (g) Section 103.2. This Section is revised in its entirety to read as follows: "The City Manager or the City Manager's designee shall designate the code official responsible for the administration and enforcement of this code." (h) Section 103.4 The term " member of the board of appeals " is deleted and replaced with the term "administrative hearing officer". (i) Section 103.5. This Section is revised to add at the end of the existing language: "the City's master fee schedule adopted by the City Council from time to time." (j) Section 106.3. This first sentence of this Section is revised in its entirety to read as follows: "Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a misdemeanor or a civil offense punishable by administrative citation in accordance with the City Code, and the violation shall be deemed a strict liability offense." (k) Section 109.6: The second sentence of this Section is revised in its entirety to read as follows: "Any affected person shall thereafter, be entitled to an administrative hearing as set forth in Section 2.91 of the City Code." (I) Section 111.1 This Section is revised in its entirety to read as follows: "Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to a hearing officer in an administrative hearing as provided in Section 2.91 of the City Code, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. In the case of an appeal from a notice issued to vacate pending elimination of imminent dangers,the appeal shall be heard as soon as possible after the time of filing. In the case of appeals from other notices,the appeal shall be heard at such time as may be established under Section 2.91 of the City Code. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means." (m) Sections 111.2 through Section 111.7, inclusive, are deleted in their entirety. (n) Section 112.4. This Section is revised in its entirety to read as follows: "Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine set forth in the schedule referred to in Section 103.5 hereof." (o) Section 201.3 This Section is revised in its entirety to read as follows: "Where terms are not defined in this code and are defined in the Minnesota State Building Code,the Minnesota State Fire Code, the Minnesota Plumbing Code, the Minnesota Residential Code, the Minnesota Fuel Gas Code, the Minnesota Mechanical Code, the Minnesota Electrical Code, the Minnesota Residential Energy Code, the Minnesota Commercial Energy Code and the City of Golden Valley City Code, such terms shall have the meanings ascribed to them as stated in those codes." (p) Section 202. The following definition is added: "CORD OF FIREWOOD. Means a unit of cut fuel wood, equal to one hundred twenty-eight (128) cubic feet in a stack." (q) Section 202. The following definition is added: "FIREWOOD. Wood or wood product used or intended for heating fuel in a dwelling or for recreational fire. Painted or treated wood shall not be considered firewood." (r) Section 202. The following definition is added: "NEAT, SECURED STACK. Means a stack of firewood that is piled in a regular, orderly arrangement that is stable and reasonably resistant to collapse." (s) Section 202. The following definition is added: "RECYCLABLES. Means items of refuse designated by the Hennepin County Department of Environment and Energy to be part of an authorized recycling program and which are intended for processing and remanufacture or reuse." (t) Section 202. The definition of"Rubbish" is revised in its entirety to read: "Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, discarded furniture (including unusable/unsafe outdoor furniture), crockery and dust and other similar materials." (u) Section 202. The following definition is added: "YARD WASTE. Grass/lawn clippings, leaves, weeds, garden waste (tomato vines, carrot tops, cucumber vines, etc.) soft bodied plants (flower and vegetable plants), hedge or tree trimmings and twigs (1/4 inch diameter maximum), pine cones and needles." (v) Section 302.4. The words appearing in the brackets in the first sentence are deleted and the words "8 inches" are inserted therein, and the brackets are deleted. (w) Section 304.1.1. The phrase "International Building Code or the International Existing Building Code" is deleted and the term "Minnesota State Building Code" is inserted in its place. (x) Section 304.3. The following sentence is added at the end of this Section: "For a building existing prior to the adoption of this code by the City, the owner shall be responsible for providing building numbering in accordance with Section 4.06 of the City Code until replacement of such numbers is required during a remodeling, residing, or rebuilding of the exterior of the building, or in the event of loss or damage to some or all of such existing numbers." (y) Section 304.14. The date "May 1" replaces the word "DATE" in the first set of brackets and the date "August 1" replaces the word "DATE" in the second set of brackets, and the brackets are deleted. (z) Section 305.1.1. The phrase "International Building Code or the International Existing Building Code" is deleted and the term "Minnesota State Building Code" is inserted in its place. (aa) Section 306.1.1. The term "International Building Code" is deleted and the term "Minnesota State Building Code" is inserted in its place. (bb) Section 308.1. This Section is revised in its entirety to read as follows: "All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish, garbage, recyclables, and /or yard waste and disposed of in accordance with Section 10.40 of the City Code." (cc) Sections 308.3.3. A new Section is added to read: "RENTAL GARBAGE FACILITIES. All rental property owners shall be responsible for providing garbage pickup and water and sewer services." (dd) Section 310. A new Section is added entitled: "SECTION 310 OUTDOOR WOOD STORAGE." (ee) Sections 310.1. A new Section is added to read: "310.1. General. The following are conditions for outdoor wood storage." (ff) Sections 310.1.1, 310.1.2, and 310.1.3. New Sections 310.1.1, 310.1.2, and 310.1.3 are added to read: "310.1.1 Except for firewood and construction materials necessary for on-site work, no wood or wood product shall be kept or stored upon a residential premises. 310.1.2 Firewood may be stored upon a residential premises solely for use on the premises and not for resale. 310.1.3 All firewood located upon a residential premises shall be stored as follow: 1. The firewood shall be cut/split to a uniform shape thirty (30) inches in length or less, stored in neat, secure stacks, and prepared for use; 2. Each stack cannot exceed a cord of firewood. The height of a woodpile over three (3) feet shall be no more than twice its width, but in no event shall the height exceed five (5)feet; 3. Firewood stacks must have at least ten (10)feet of space from each other; 4. The firewood shall not be in a deteriorating state; 5. No firewood shall be stored within three (3)feet of any side or five (5) feet of any rear property line, except that if the wood is stored in an accessory structure the accessory structure shall meet all zoning setback requirements; and 6. No firewood shall be stored in the front yard." (gg) Section 401.3. The term "International Building Code" is deleted and replaced with the term "Minnesota State Building Code". (hh) Section 403.5. This Section is revised in its entirety to read as follows: "Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted outside the structure in accordance with the manufacturer's instructions and the Minnesota Mechanical Code." (ii) Sections 502.5 and 505.1. The term "International Plumbing Code" is deleted and replaced with the term "Minnesota State Plumbing Code". (jj) Section 602.3. The date "October 1" replaces the word "DATE" in the first set of brackets and the date "May 1" replaces the word "DATE" in the second set of brackets, and the brackets are deleted. (kk) Section 602.4. The date "October 1" replaces the word "DATE" in the first set of brackets and the date "May 1" replaces the word "DATE" in the second set of brackets, and the brackets are deleted. (II) Section 604.3.1.1. The term "International Building Code" is deleted and replaced with the term "Minnesota State Building Code". (mm) Section 604.3.2.1. The term "International Building Code" is deleted and replaced with the term "Minnesota State Building Code". (nn) Section 606.1. This first sentence of this Section is revised to read in entirety as follows: "Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A17 and Chapter 1307 of the Minnesota State Building Code." (oo) Section 702.1. The term "International Fire Code" is deleted and the term "Minnesota State Fire Code" is inserted in its place. (pp) Section 702.2. The term "International Fire Code" is deleted and the term "Minnesota State Fire Code" is inserted in its place. (qq) Section 702.3. The term "International Building Code" is deleted and the term "Minnesota State Building Code" is inserted in its place. (rr) Section 704.1. The term "International Fire Code" is deleted and the term "Minnesota State Fire Code" is inserted in its place. (ss) Section 704.2. The term "International Fire Code" is deleted and the term "Minnesota State Fire Code" is inserted in its place. (tt) Section 705. A new Section is added entitled: "SECTION 705 CARBON MONOXIDE ALARMS." (uu) Section 705.1. A new Section is added to read: "705.1 General. Carbon monoxide alarms shall be installed in accordance with Minnesota Statute 299F.50-51." (vv) Chapter 8. The following sentence in Chapter 8 is deleted in its entirety: "The application of the referenced standards shall be as specified in Section 102.7." (ww) Chapter 8. In the table regarding the American Society of Mechanical Engineers in Chapter 8, the standard reference number "A17.1/CSA B44-2007" cited therein is changed to: "A17.1/CSA 644-2010". (xx) Chapter 8. The table regarding the International Code Council is deleted in its entirety. Subdivision 3. IPMC on File At least one copy of the IPMC shall be marked CITY OF GOLDEN VALLEY- OFFICIAL COPY and kept on file in the office of the City Clerk and open to inspection and use by the public. 2012 - INTERNATIONAL PROPERTY MAINTENANCE CODE CHAPTER 1 - SCOPE AND ADMINISTRATION PART 1 — SCOPE AND APPLICATION SECTION 101 GENERAL [A] 101.1 Title. These regulations shall be known as the International Property Maintenance Code of[NAME OF JURISDICTION], hereinafter referred to as "this code." [A) 101.2 Scope. The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation,protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. [A] 101.3 Intent. This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. [A] 101.4 Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. SECTION 102 APPLICABILITY �A] 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requireinent shall govern. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern. [A] 102.2 Maintenance. Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and premises. �A] 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Energy Conservation Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, International Plumbing Code and NFPA 70. Nothing in this code shall be construed to cancel, modify or set aside any provision of the International Zoning Code. [A] 102.4 Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and insanitary. [A] 102.5 Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's instructions. [A] 102.6 Historic buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare. [A] 102.7 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 8 and considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.7.1 and 102.7.2. Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall apply. [A] 102.7.1 Conflicts. Where conflicts occur between provisions of this code and the referenced standards, the provisions of this code shall apply. (A] 102.7.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard. �A] 102.8 Requirements not covered by code. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the code official. [A] 102.9 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. [A] 102.10 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. SECTION 103 DEPARTMENT OF PROPERTY MAINTENANCE INSPECTION [A] 103.1 General. The department of property maintenance inspection is hereby created and the executive official in charge thereof shall be known as the code official. [A] 103.2 Appointment. The code official shall be appointed by the chief appointing authority of the jurisdiction. [A] 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the code official shall have the authority to appoint a deputy(s). Such employees shall have powers as delegated by the code official. [A] 103.4 Liability. The code official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction, in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code. �A] 103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in the following schedule. [JURISDICTION TO INSERT APPROPRIATE SCHEDULE.] SECTION 104 DUTIES AND POWERS OF THE CODE OFFICIAL [A] 104.1 General. The code officiul is hereby authorized and directed to enforce the provisions of this code. The code official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. �A] 104.2 Inspections. The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. [A] 104.3 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this code, provided that if such structure or premises is occupied the code official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry. [A] 104.4 Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. [A] 104.5 Notices and orders. The code official shall issue all necessary notices or orders to ensure compliance with this code. [A] 104.6 Department records. The code official shall keep official records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records for the period required for retention of public records. SECTION 105 APPROVAL [A] 105.1 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the code o�cial shall have the authority to grant modifications for individual cases upon application of the ow�zer ar o�v�ei•'s representative,provided the code official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files. [A] 105.2 Alternative materials, methods and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code,provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. [A] 105.3 Required testing. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction. [A] 105.3.1 Test methods. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall be permitted to approve appropriate testing procedures performed by an approved agency. [A] 105.3.2 Test reports. Reports of tests shall be retained by the code official for the period required for retention of public records. [A] 105.4 Used material and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when necessary, placed in good and proper working condition and approved by the code official. [A] 105.5 Approved materials and equipment. Materials, equipment and devices app��oved by the code official shall be constructed and installed in accordance with such approval. [A] 105.6 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. SECTION 106 VIOLATIONS [A] 106.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code. [A] 106.2 Notice of violation. The code o�cial shall serve a notice of violation or order in accordance with Section ]07. [A] 106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a misdemeanar or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. [A] 106.4 Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense. (A] 106.5 Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct,business or utilization of the building, structure or premises. SECTION 107 NOTICES AND ORDERS [A] 107.1 Notice to person responsible. Whenever the code official determines that there has been a violation of this code ar has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3 to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 108.3. [A] 107.2 Form. Such notice prescribed in Section 107.1 shall be in accordance with all of the following: 1. Be in writing. 2. Include a description of the real estate sufficient for identification. 3. Include a statement of the violation or violations and why the notice is being issued. 4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code. 5. Inform the property owner of the right to appeal. 6. Include a statement of the right to file a lien in accordance with Section 106.3. [A] 107.3 Method of service. Such notice shall be deemed to be properly served if a copy thereof is: 1. Delivered personally; 2. Sent by certified or first-class mail addressed to the last known address; or 3. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. [A] 107.4 Unauthorized tampering. Signs, tags or seals posted or affixed by the code official shall not be mutilated, destroyed or tampered with, or removed without authorization from the code official. [A] 107.5 Penalties. Penalties for noncompliance with orders and notices shall be as set forth in Section 106.4. [A] 107.6 Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code o�cial and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. SECTION 108 UNSAFE STRUCTURES AND EQUIPMENT [A] 108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code. [A] 108.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health,property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. [A] 108.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health,property or safety of the public or occupants of the p��emises or structure. [A] 108.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. [A] 108.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law. [A] 108.1.5 Dangerous structu��e or premises. For the purpose of this code, any structure or premises that has any or all of the conditions or defects described below shall be considered dangerous: 1. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing buildings. 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. 3. Any portion of a building, structure or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged. 4. Any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value. 5. The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way. 6. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy. 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. 8. Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire,building collapse or any other threat to life and safety. 9. A building or structure, used or intended to be used for dwelling purposes,because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. 10. Any building or structure, because of a lack of sufficient or proper fire-resistance-rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the code o�cial to be a threat to life or health. 11. Any portion of a building remains on a site after the demolition or destruction of the building ar structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public. [A] 108.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource. [A] 108.2.1 Authority to disconnect service utilities. The code official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 102.7 in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without approval. The code official shall notify the serving utility and, whenever possible, the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection the owner or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter. �A] 108.3 Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Section 107.3. If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in Section 107.2. [A] 108.4 Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on the p��emises or on defective equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the pf•emises, operating the eyuipment or removing the placard. (A] 108.4.1 Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code. [A] 108.5 Prohibited occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded pf�emises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code. [A] 108.6 Abatement methods. The owner, operator or occupant of a building,premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action. [A] 108.7 Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition. SECTION 109 EMERGENCY MEASURES [A] 109.1 I�mminent danger. When, in the opinion of the code official, there is imminent danger of failure ar collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby autharized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. [AJ 109.2 Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent da�zger due to an unsafe condition, the code o�cial shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. [A] 109.3 Closing streets. When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets,public ways and places adjacent to unsafe structures, and prohibit the same from being utilized. [A] 109.4 Emergency repairs. For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible. [A] 109.5 Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is ar was located for the recovery of such costs. [AJ 109.6 Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code. SECTION 110 DEMOLITION [A] 110.1 General. The code official shall order the owner of any premises upon which is located any structure, which in the code official judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the o��ne��'s option; or where there has been a cessation of normal construction of any structure for a period of more than two years, the code official shall order the owner to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyond one year, unless approved by the building official. [A] 110.2 Notices and orders. All notices and orders shall comply with Section 107. �A] 110.3 Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. [A] 110.4 Salvage materials. When any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state. SECTION 111 MEANS OF APPEAL [A] 111.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. [A] 111.2 Membership of board. The board of appeals shall consist of a minimum of three members who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction. The code official shall be an ex-officio member but shall have no vote on any matter before the board. The board shall be appointed by the chief appointing authority, and shall serve staggered and overlapping terms. [A] 111.2.1 Alternate members. The chief appointing authority shall appoint a minimum of two alternate members who shall be called by the board chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board membership. [A] 111.2.2 Chairman. The board shall annually select one of its members to serve as chairman. [A] ll 1.2.3 Disqualification of inember. A member shall not hear an appeal in which that member has a personal, professional or financial interest. [A] 111.2.4 Secretary. The chief administrative officer shall designate a qualified person to serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of the chief administrative officer. [A] 111.2.5 Compensation of inembers. Compensation of inembers shall be determined by law. [A] 111.3 Notice of ineeting. The board shall meet upon notice from the chairman, within 20 days of the filing of an appeal, or at stated periodic meetings. [A] 111.4 Open hearing. All hearings before the board shall be open to the public. The appellant, the appellant's representative, the code official and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of a minumum of two-thirds of the board membership. [A] 111.4.1 Procedure. The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. [A] 111.5 Postponed hearing. When the full board is not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing. [A] 111.6 Board decision. The board shall modify or reverse the decision of the code official only by a concurring vote of a majority of the total number of appointed board members. [A] 111.6.1 Records and copies. The decision of the board shall be recorded. Copies shall be furnished to the appellant and to the code official. [A] 111.6.2 Administration. The code official shall take immediate action in accordance with the decision of the board. [A] 111.7 Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer. �A] 111.8 Stays of enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the appeals board. SECTION 112 STOP WORK ORDER [A] 112.1 Authority. Whenever the code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the code official is authorized to issue a stop work order. [A] 112.2 Issuance. A stop work order shall be in writing and shall be given to the owner of the property, to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume. (A] 112.3 Emergencies. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. �A� 112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than [AMOUNT] dollars or more than [AMOUNT] dollars. CHAPTER 2 - DEFINITIONS SECTION 201 GENERAL 201.1 Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter. 201.2 Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular. 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Existing Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Plumbing Code, International Residential Code, International Zoning Code or NFPA 70, such terms shall have the meanings ascribed to them as stated in those codes. 201.4 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. 201.5 Parts. Whenever the words "dwelling unit," "dwelling," "premises," "building," "rooming house," "�rooming unit," "housekeeping unit" or "story" are stated in this code,they shall be construed as though they were followed by the words "or any part thereof." SECTION 202 GENERAL DEFINITIONS ANCHORED. Secured in a manner that provides positive connection. [A] APPROVED.Approved by the code official. BASEMENT. That portion of a building which is partly or completely below grade. BATHROOM. A room containing plumbing fixtures including a bathtub or shower. BEDROOM. Any room ar space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit. [A] CODE OFFICIAL. The official who is charged with the administration and enforcement of this code, or any duly authorized representative. CONDEMN. To adjudge unfit for occupancy. DETACHED. When a structural element is physically disconnected from another and that connection is necessary to provide a positive connection. DETERIORATION. To weaken, disintegrate, corrode, rust or decay and lose effectiveness. [B] DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. [Z] EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above a said lot or lots. EQUIPMENT SUPPORT. Those structural members or assemblies of inembers or manufactured elements, including braces, frames, lugs, snuggers,hangers or saddles, that transmit gravity load, lateral load and operating load between the equipment and the structure. EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or operutors of such premises. GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food. �B] GUARD. A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level. [B] HABITABLE SPACE. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spuces. HOUSEKEEPING UNIT. A room or group of rooms forming a single hubitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower. IMMINENT DANGER. A condition which could cause serious or life-threatening injury or death at any time. INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests. INOPERABLE MOTOR VEHICLE. A vehicle which cannot be driven upon the public streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power. �A] LABELED. Equipment, materials or products to which have been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and whose labeling indicates either that the equipment, material or product meets identified standards or has been tested and found suitable for a specified purpose. LET FOR OCCUPANCY or LET. To permit,provide or offer possession or occupuncy of a dwelling, dwelling unit, roo�ning unit, building, premise or structure by a person who is or is not the legal owner of record thereof,pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land. NEGLECT. The lack of proper maintenance for a building or structure. [A] OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied. OCCUPANT. Any individual living or sleeping in a building, or having possession of a space within a building. OPENABLE AREA. That part of a window, skylight or doar which is available for unobstructed ventilation and which opens directly to the outdoors. OPERATOR. Any person who has charge, care ar control of a structure or premises which is let or offered for occupancy. [A] OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. PERSON. An individual, corporation,partnership or any other group acting as a unit. PEST ELIMINATION. The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food or water; by other approved pest elimination methods. [A] PREMISES. A lot, plot or parcel of land, easement or puhlic way, including any structures thereon. [A] PUBLIC WAY. Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use. ROOMING HOUSE. A building arranged or occupied for lodging, with or without ineals, for compensation and not occupied as a one- or two-family dwelling. ROOMING UNIT. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. RUBBISH. Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches,yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials. [B] SLEEPING UNIT. A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities,but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. lt is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do. �A] STRUCTURE. That which is built or constructed or a portion thereof. TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit. TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower. ULTIMATE DEFORMATION. The deformation at which failure occurs and which shall be deemed to occur if the sustainable load reduces to 80 percent or less of the maximum strength. [M] VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space. WORKMANLIKE. Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work. [Z] YARD. An open space on the same lot with a structure. CHAPTER 3 - GENERAL REQUIREMENTS SECTION 301 GENERAL 301.1 Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exte��ior pYoperty. 301.2 Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy p��emises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. Occupants of a dwelling unit, �rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control. 301.3 Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. SECTION 302 EXTERIOR PROPERTY AREAS 302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior p�rope��ty which such occupant occupies or controls in a clean and sanitary condition. 302.2 Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Exception:Approved retention areas and reservoirs. 302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. 302.4 Weeds. All premises and exterior pJ�opeYty shall be maintained free from weeds or plant growth in excess of [JURISDICTION TO INSERT HEIGHT IN INCHES]. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. 302.5 Rodent harborage. All structures and exterior prope��ty shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation. 302.6 Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant. 302.7 Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. 302.8 Motor vehicles. Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept ar stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. Exception: A vehicle of any type is permitted to undergo major overhaul, including body work,provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. 302.9 Defacement of property. No person shall willfully or wantonly damage, mutilate ar deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or gaffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. SECTION 303 SWIMMING POOLS, SPAS AND HOT TUBS 303.1 Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition, and in good repair. 303.2 Enclosures. Private swimming pools, hot tubs and spas, containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier at least 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self- closing and self-latching. Where the self-latching device is a minimum of 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self- latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety bamer. Exception: Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section. SECTION 304 EXTERIOR STRUCTURE 304.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. 304.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings: 1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength; 2. The unchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects; 3. Structures or components thereof that have reached their limit state; 4. Siding and masonry joints including joints between the building envelope and the perimeter of windows, doors and skylights are not maintained, weather resistant or water tight; 5. Structural members that have evidence of deterioration or that are not capable of safely supporting all nominal loads and load effects; 6. Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects; 7. Exterior walls that are not unchored to supporting and supported elements or are not plumb and free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects; 8. Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects; 9. Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal loads and resisting all load effects; 10. Veneer, cornices,belt courses, corbels, trim, wall facings and similar decorative features not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects; 11. Overhang extensions or projections including, but not limited to, trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects; 12. Exterior stairs, decks, porches,balconies and all similar appurtenances attached thereto, including - guards and handrails, are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects; or 13. Chimneys, cooling towers, smokestacks and similar appurtenances not structurally sound or not properly anchored, or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects. Exceptions: 1. When substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be permitted when approved by the code o�cial. 304.2 Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay- resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. [F) 304.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm) in height with a minimum stroke width of 0.5 inch (12.7 mm). 304.4 Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. 304.5 Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. 304.6 Exterior walls. All exterior walls shall be free from holes,breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. 304.8 Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. 304.9 Overhang extensions. All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of inetal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. 304.10 Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. 304.11 Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of inetal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. 304.12 Handrails and guards. Every handrail and guar�d shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 304.13 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. 304.13.2 Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. 304.14 Insect screens. During the period from [DATE] to [DATE], every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition. Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. 304.15 Doors. All exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. 304.16 Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water. 304.17 Guards for basement windows. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents. 304.18 Building security. Doors, windows or hatchways for dwellirrg unit.s, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within. 304.18.1 Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a minimum lock throw of 1 inch (25 mm). Such deadbolt locks shall be installed according to the manufacturer's specifications and maintained in good working order. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock. 304.18.2 Windows. Operable windows located in whole or in part within 6 feet (1828 mm) above ground level or a walking surface below that provide access to a dwelling unit, rooming unit ar housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device. 304.18.3 Basement hatchways. Basement hatchways that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry. 304.19 Gates. All exterior gates, gate assemblies, operator systems if provided, and hardware shall be maintained in good condition. Latches at all entrances shall tightly secure the gates. SECTION 305 INTERIOR STRUCTURE 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. 305.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings: 1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength; 2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects; 3. Structures or components thereof that have reached their limit state; 4. Structural members are incapable of supporting nominal loads and load effects; 5. Stairs, landings, balconies and all similar walking surfaces, including guard.s and handrails, are not structurally sound, not properly anchored or are anchored with connections not capable of supporting all nominal loads and resisting all load effects; 6. Foundation systems that are not firmly supported by footings are not plumb and free from open cracks and breaks, are not properly unchored or are not capable of supporting all nominal loads and resisting all load effects. Exceptions: 1. When substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be permitted when appr-oved by the code official. 305.2 Structural members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. 305.3 Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected. 305.4 Stairs and walking surfaces. Every stair, ramp, landing,balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. 305.5 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 305.6 Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. SECTION 306 COMPONENT SERVICEABILITY 306.1 General. The components of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. 306.1.1 Unsafe conditions. Where any of the following conditions cause the component or system to be beyond its limit state, the component or system shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code as required for existing buildings: 1. Soils that have been subjected to any of the following conditions: 1.1. Collapse of footing or foundation system; 1.2. Damage to footing, foundation, concrete or other structural element due to soil expansion; 1.3. Adverse effects to the design strength of footing, foundation, concrete or other structural element due to a chemical reaction from the soil; 1.4. Inadequate soil as determined by a geotechnical investigation; 1.5. Where the allowable bearing capacity of the soil is in doubt; or 1.6. Adverse effects to the footing, foundation, concrete or other structural element due to the ground water table. 2. Concrete that has been subjected to any of the following conditions: 2.1.Deterio��ation; 2.2. Ultimate deformation; 2.3. Fractures; 2.4. Fissures; 2.5. Spalling; 2.6. Exposed reinforcement; or 2.7. Detached, dislodged or failing connections. 3. Aluminum that has been subjected to any of the following conditions: 3.1. Deterioration; 3.2. Corrosion; 3.3. Elastic deformation; 3.4. Ultimate deformation; 3.5. Stress or strain cracks; 3.6. Joint fatigue; or 3.7. Detached, dislodged or failing connections. 4. Masonry that has been subjected to any of the following conditions: 4.1.Deterioration; 4.2. Ultimate deformatio�z; 4.3. Fractures in masonry or mortar joints; 4.4. Fissures in masonry or mortar joints; 4.5. Spalling; 4.6. Exposed reinforcement; or 4.7. Detached, dislodged or failing connections. 5. Steel that has been subjected to any of the following conditions: 5.1. Deterioration; 5.2. Elastic deformation; 5.3. Ultimate deformation; 5.4. Metal fatigue; or 5.5.Detached, dislodged or failing connections. 6. Wood that has been subjected to any of the following conditions: 6.1. Ultimate deformation; 6.2. Deterioration; 6.3. Damage from insects, rodents and other vermin; 6.4. Fire damage beyond charring; 6.5. Significant splits and checks; 6.6. Horizontal shear cracks; 6.7. Vertical shear cracks; 6.8. Inadequate support; 6.9. Detached, dislodged or failing connections; or 6.10. Excessive cutting and notching. Exceptions: l. When substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be permitted when app�^oved by the code official. SECTION 307 HANDRAILS AND GUARDRAILS 307.1 General. Every exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) in height or more than 42 inches (1067 mm) in height measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than 30 inches (762 mm) in height above the floor of the landing, balcony, porch, deck, or ramp or other walking surface. Exception: Guards shall not be required where exempted by the adopted building code. SECTION 308 RUBBISH AND GARBAGE 308.1 Accumulation of rubbish or garbage. All exterio��p�roperty and pren2ises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. 308.2 Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers. 308.2.1 Rubbish storage facilities. The owner of every occupied premises shall supply approved covered containers for��ubbish, and the owner of the premises shall be responsible for the removal of rubbish. 308.2.2 Refrigerators. Refrigerators and similar equipment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors. 308.3 Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers. 308.3.1 Garbage facilities. The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling u�zit; an app��oved incineratar unit in the structure available to the occupants in each dwelling unit; or an approved leakproof, covered, outside garbage container. 308.3.2 Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal. SECTION 309 PEST ELIMINATION 309.1 Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects ar rodents are found shall be promptly exterminated by approved processes that will not be injurious to huinan health. After pest elimination, proper precautions shall be taken to prevent reinfestation. 309.2 Owner. The owner of any structure shall be responsible for pest elimination within the structure prior to renting or leasing the structure. 309.3 Single occupant. The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for pest elimination on the premises. 309.4 Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for pest elimination in the public or shared areas of the structure and exter•ior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant and owner shall be responsible for pest elimination. 309.5 Occupant. The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure. Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for pest elimination. CHAPTER 4 - LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS SECTION 401 GENERAL 401.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure. 401.2 Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any premises that do not comply with the requirements of this chapter. 401.3 Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the International Building Code shall be permitted. SECTION 402 LIGHT 402.1 Habitable spaces. Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than 3 feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room. Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed openin�to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but a minimum of 25 square feet (2.33 m2). The exterior glazing area shall be based on the total floor area being served. 402.2 Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one- and two-family dwellings, shall be lighted at all times with at least a 60-watt standard incandescent light bulb for each 200 square feet (19 m�) of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than 30 feet (9144 mm). In other than residential occupancies, means of egress, including exterior means of egress, stairways shall be illuminated at all times the building space served by the means of egress is occupied with a minimum of 1 footcandle (11 lux) at floors, landings and treads. 402.3 Other spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures. SECTION 403 VENTILATION 403.1 Habitable spaces. Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least 45 percent of the minimum glazed area required in Section 402.1. Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but a minimum of 25 square feet (2.33 m�). The ventilation openings to the outdoors shall be based on a total floor area being ventilated. 403.2 Bathrooms and toilet rooms. Every bathroo�n and toilet room shall comply with the ventilation requirements for habitable spaces as required by Section 403.1, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated. 403.3 Cooking facilities. Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in the rooming unit or dormitory unit. Exceptions: 1. Where specifically approved in writing by the code official. 2. Devices such as coffee pots and microwave ovens shall not be considered cooking appliances. 403.4 Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space. 403.5 Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted outside the structure in accordance with the manufacturer's instructions. Exception: Listed and labeled condensing (ductless) clothes dryers. SECTION 404 OCCUPANCY LIMITATIONS 404.1 Privacy. Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces. 404.2 Minimum room widths. A habitable room, other than a kitchen, shall be a minimum of 7 feet (2134 min) in any plan dimension. Kitchens shall have a minimum clear passageway of 3 feet (914 mm)between counterfronts and appliances or counterfronts and walls. 404.3 Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas, bathrooins, toilet rooms and habitable basement areas shall have a minimum clear ceiling height of 7 feet (2134 mm). Exceptions: 1. In one- and two-family dwellings, beams or girders spaced a minimum of 4 feet (1219 mm) on center and projecting a maximum of 6 inches (152 mm) below the required ceiling height. 2. Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a minimum ceiling height of 6 feet 8 inches (2033 mm) with a minimum clear height of 6 feet 4 inches (1932 mm) under beams, girders, ducts and similar obstructions. 3. Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a minimum clear ceiling height of 7 feet (2134 mm) over a minimum of one-third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a minimum clear ceiling height of 5 feet (1524 mm) shall be included. 404.4 Bedroom and living room requirements. Every bedroom and living room shall comply with the requirements of Sections 404.4.1 through 404.4.5. 404.4.1 Room area. Every living room shall contain at least 120 square feet (11.2 m2) and every bedroom shall contain a minimum of 70 square feet (6.5 m2) and every bedroom occupied by more than one person shall contain a minimum of 50 square feet (4.6 m2) of floor area for each occupant thereof. 404.4.2 Access from bedrooms. Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces. Exception: Units that contain fewer than two bed��ooms. 404.4.3 Water closet accessibility. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one water closet and lavatory located in the same story as the bedroom or an adjacent story. 404.4.4 Prohibited occupancy. Kitchens and nonhabitable spaces shall not be used for sleeping purposes. 404.4.5 Other requirements. BedYoo�ns shall comply with the applicable provisions of this code including, but not limited to, the light, ventilation, room area, ceiling height and room width requirements of this chapter; the plumbing facilities and water-heating facilities requirements of Chapter 5; the heating facilities and electrical receptacle requirements of Cha tp er 6; and the smoke detector and emergency escape requirements of Chapter 7. 404.5 Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 404.5. TABLE 404.5 MINIMUM AREA REQUIREMENTS MINIMUM AREA IN SQUARE FEET 1-2 3-5 6 or more SPACE occupants occupants occupants Living 120 120 150 rooma,b Dining No 80 100 rooma•b requirement Bedrooms Shall comply with Section 404.4.1 For SI: 1 square foot= 0.093 m2. a. See Section 404.5.2 for combined living room/dining room spaces. b. See Section 404.5.1 for limitations on determining the minimum occupancy area far sleeping purposes. 404.5.1 Sleeping area. The minimum occupancy area required by Table 404.5 shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping areas shall comply with Section 404.4. 404.5.2 Combined spaces. Combined living room and dining room spaces shall comply with the requirements of Table 404.5 if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room. 404.6 Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements: 1. A unit occupied by not more than one occupant shall have a minimum clear floor area of 120 square feet (11.2 m2). A unit occupied by not more than two occupants shall have a minimum clear floor area of 220 square feet (20.4 m2). A unit occupied by three occupants shall have a minimum clear floor area of 320 square feet (29.7 m2). These required areas shall be exclusive of the areas required by Items 2 and 3. 2. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a minimum clear working space of 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided. 3. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower. 4. The maximum number of occupants shall be three. 404.7 Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary inanner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage. CHAPTER 5 - PLUMBING FACILITIES AND FIXTURE REQUIREMENTS SECTION 501 GENERAL 501.1 Scope. The provisions of this chapter shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided. 501.2 Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure or premises which does not comply with the reyuirements of this chapter. SECTION 502 REQUIRED FACILITIES (P] 502.1 Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory. [P] 502.2 Rooming houses. At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units. [P) 502.3 Hotels. Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each ten occupa�zts. [P] 502.4 Employees' facilities. A minimum of one water closet, one lavatory and one drinking facility shall be available to employees. [P] 502.4.1 Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms. [P] 502.5 Public toilet facilities. Public toilet facilities shall be maintained in a safe sanitary and working condition in accordance with the bztern�ational Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the p��emises. SECTION 503 TOILET ROOMS [P] 503.1 Privacy. Toilet rooms and bathi�oo�ns shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling. [P] 503.2 Location. Toilet rooms and buthrooms serving hotel units, rooming units or dormitory units or housekeeping units, shall have access by traversing a maximum of one flight of stairs and shall have access from a common hall or passageway. [P] 503.3 Location of employee toilet facilities. Toilet facilities shall have access from within the employees' working area. The required toilet facilities shall be located a maximum of one story above or below the employees' working area and the path of travel to such facilities sha11 not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate facilities or combined employee and public facilities. Exeeption: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the employees' regular working area to the facilities. [P] 503.4 Floor surface. In other than dwelling units, every toilet room floor shall be maintained to be a smooth,hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition. SECTION 504 PLUMBING SYSTEMS AND FIXTURES [P] 504.1 General. All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free froin obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition. [P] 504.2 Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning. �P] 504.3 Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection,backsiphonage, improper installation, deterioration or damage or for similar reasons,the code official shall require the defects to be corrected to eliminate the hazard. SECTION 505 WATER SYSTEM 505.1 General. Every sink, lavatory,bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the International Plumbing Code. [P] 505.2 Contamination. The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets,janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker. 505.3 Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks. 505.4 Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a minimum temperature of 110°F (43°C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. SECTION 506 SANITARY DRAINAGE SYSTEM [P] 506.1 General. All plumbing fixtures shall be properly connected to either a public sewer system or to an app�roved private sewage disposal system. [P] 506.2 Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects. �P] 506.3 Grease interceptors. Grease interceptors and automatic grease removal devices shall be maintained in accordance with this code and the manufacturer's installation instructions. Grease interceptors and automatic grease removal devices shall be regularly serviced and cleaned to prevent the discharge of oil, grease, and other substances harmful or hazardous to the building drainage system, the public sewer, the private sewage disposal system or the sewage treatment plant or processes. All records of maintenance, cleaning and repairs shall be available for inspection by the code official. SECTION 507 STORM DRAINAGE [P] 507.1 General. Drainage of roofs and paved areas,yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. CHAPTER 6 - MECHANICAL AND ELECTRICAL REQUIREMENTS SECTION 601 GENERAL 601.1 Scope. The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided. 601.2 Responsibility. The oh�ner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises which does not comply with the requirements of this chapter. SECTION 602 HEATING FACILITIES 602.1 Facilities required. Heating facilities shall be provided in structures as required by this section. 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet roo�ns based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used, as a means to provide required heating. Exception: In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained. 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from [DATE] to [DATE] to maintain a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms. Exceptions: 1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum rooin temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the I�zternational Plumbing Code. 2. In areas where the average monthly temperature is above 30°F (-1°C) a minimum temperature of 65°F (18°C) shall be maintained. 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from [DATE] to [DATE] to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied. Exceptions: 1. Processing, storage and operation areas that require cooling or special temperature conditions. 2. Areas in which persons are primarily engaged in vigorous physical activities. 602.5 Room temperature measurement. The required room temperatures shall be measured 3 feet (914 mm) above the floor near the center of the room and 2 feet (610 mm) inward from the center of each exterior wall. SECTION 603 MECHANICAL EQUIPMENT 603.1 Mechanical appliances. All mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. 603.2 Removal of combustion products. All fuel-burning equipment and appliances shall be connected to an upproved chimney or vent. Exception: Fuel-burning equipment and appliances which are labeled for unvented operation. 603.3 Clearances. All required clearances to combustible materials shall be maintained. 603.4 Safety controls. All safety controls for fuel-burning equipment shall be maintained in effective operation. 603.5 Combustion air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment. 603.6 Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved. SECTION 604 ELECTRICAL FACILITIES 604.1 Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section 605. 604.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with NFPA 70. Dwelling units shall be served by a three-wire, 120/240 volt, single- phase electrical service having a minimum rating of 60 amperes. 604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring ar installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. 604.3.1 Abatement of electrical hazards associated with water exposure. The provisions of this section shall govern the repair and replacement of electrical systems and equipment that have been exposed to water. 604.3.1.1 Electrical equipment. Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, surge protectors, molded case circuit breakers, low-voltage fuses, luminaires, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the International Building Code. Exception: The following equipment shall be allowed to be repaired where an inspection report from the equipment manufacturer or app��oved manufacturer's representative indicates that the equipment has not sustained damage that requires replaeement: 1. Enclosed switches, rated a maximum of 600 volts or less; 2. Busway, rated a maximum of 600 volts; 3. Panelboards, rated a maximum of 600 volts; 4. Switchboards, rated a maximum of 600 volts; 5. Fire pump controllers, rated a maximum of 600 volts; 6. Manual and magnetic motor controllers; 7. Motor control centers; 8. Alternating current high-voltage circuit breakers; 9. Low-voltage power circuit breakers; 10. Protective relays, meters and current transformers; 11. Low- and medium-voltage switchgear; 12. Liyuid-filled transformers; 13. Cast-resin transformers; 14. Wire or cable that is suitable for wet locations and whose ends have not been exposed to water; 15. Wire or cable, not containing fillers, that is suitable for wet locations and whose ends have not been exposed to water; 16. Luminaires that are listed as submersible; 1 7. Motors; 18. Electronic control, signaling and communication equipment. 604.3.2 Abatement of electrical hazards associated with fire exposure. The provisions of this section shall govern the repair and replacement of electrical systems and equipment that have been exposed to fire. 604.3.2.1 Electrical equipment. Electrical switches, receptacles and fixtures, including furnace, water heating, security system and power distribution circuits, that have been exposed to fire, shall be replaced in accordance with the provisions of the International Building Code. Exception: Electrical switches, receptacles and fixtures that shall be allowed to be repaired where an inspection report from the equipment manufacturer or appro>>ed manufacturer's representative indicates that the eyuipment has not sustained damage that requires replacement. SECTION 605 ELECTRICAL EQUIPMENT 605.1 Installation. All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner. 605.2 Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. All receptacle outlets shall have the appropriate faceplate cover for the location. 605.3 Luminaires. Every public hall, interior stairway, toilet room, kitchen, bathi�oom, laundry room,boiler room and furnace room shall contain at least one electric luminaire. Pool and spa luminaries over 15 V shall have ground fault circuit interrupter protection. 605.4 Wiring. Flexible cords shall not be used for permanent wiring, ar for running through doors, windows, or cabinets, or concealed within walls, floors, or ceilings. SECTION 606 ELEVATORS, ESCALATORS AND DUMBWAITERS 606.1 General. Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A17.1. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, be available far public inspection in the office of the building operator or be posted in a publicly conspicuous location approved by the code official. The inspection and tests shall be performed at not less than the periodic intervals listed in ASME A17.1, Appendix N, except where otherwise specified by the authority having jurisdiction. 606.2 Elevators. In buildings equipped with passenger elevators, at least one elevator shall be maintained in operation at all times when the building is occupied. Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing. SECTION 607 DUCT SYSTEMS 607.1 General. Duct systems shall be maintained free of obstructions and shall be capable of performing the required function. CHAPTER 7 - FIRE SAFETY REQUIREMENTS SECTION 701 GENERAL 701.1 Scope. The provisions of this chapter shall govern the�ninimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided. 701.2 Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupu�zt or permit another person to occupy any premises that do not comply with the requirements of this chapter. SECTION 702 MEANS OF EGRESS [F] 702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the International Fire Code. [F] 702.2 Aisles. The required width of aisles in accordance with the International Fire Code shall be unobstructed. �F] 702.3 Locked doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the International Building Code. �F] 702.4 Emergency escape openings. Required emergency escape openings shall be maintained in accordance with the code in effect at the time of construction, and the following. Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening. SECTION 703 FIRE-RESISTANCE RATINGS [F] 703.1 Fire-resistance-rated assemblies. The required fire-resistance rating of fire-resistance-rated walls, fire stops, shaft enclosures, partitions and floors shall be maintained. [F] 703.2 Opening protectives. Required opening protectives shall be maintained in an operative condition. All fire and smokestop doors shall be maintained in operable condition. Fire doors and smoke barrier doors shall not be blocked or obstructed or otherwise made inoperable. SECTION 704 FIRE PROTECTION SYSTEMS [F] 704.1 General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the International Fire Code. [FJ 704.1.1 Automatic sprinkler systems. Inspection, testing and maintenance of automatic sprinkler systems shall be in accordance with NFPA 25. [F] 704.2 Smoke alarms. Single- or multiple-station smoke alarms shall be installed and maintained in Group R or I-1 occupancies, regardless of occupant load at all of the following locations: 1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms. 2. In each room used for sleeping purposes. 3. In each story within a dwelling unit, including basements and cellars but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. Single- or multiple-station smoke alarms shall be installed in other groups in accordance with the International Fire Code. [F] 704.3 Power source. In Group R or I-1 occupancies, single-station smoke alarms shall receive their primary power from the building wiring provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for overcurrent protection. Exception: Smoke alarms are permitted to be solely battery operated in buildings where no construction is taking place, buildings that are not served from a commercial power source and in existing areas of buildings undergoing alterations or repairs that do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for building wiring without the removal of interior finishes. [F) 704.4 Interconnection. Where more than one smoke alarm is required to be installed within an individual dwelling unit in Group R or I- 1 occupancies, the smoke alarms shall be interconnected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. Physical interconnection of smoke alarms shall not be required where listed wireless alarms are installed and all alarms sound upon activation of one alarm. The alann shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed. Exceptions: 1. Interconnection is not required in buildings which are not undergoing alterations, repairs or construction of any kind. 2. Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for interconnection without the removal of interior finishes. CHAPTER 8 - REFERENCED STANDARDS This chapter lists the standards that are referenced in various sections of this document. The standards are listed herein by the promulgating agency of the standard, the standard identification, the effective date and title and the section or sections of this document that reference the standard. The application of the referenced standards shall be as specified in Section 102.7. American Society of Mechanical Engineers Three Park Avenue ASME New York, NY 10016-5990 Standard Referenced reference in code number section Title number A17.1/CSA Safety Code for Elevators and Escalators 606.1 B44-2007 ASTM International 100 Barr Harbor Drive ASTM West Conshohocken, PA 19428-2959 Standard Referenced reference in code number section Title number Performance Specifications for Safety Covers F 1346-91 and Labeling Requirements (2003) for All Covers for Swimming Pools, Spas and Hot Tubs 303.2 International Code Council 500 New Jersey Avenue, NW 6th Floor ICC Washington, DC 20001 Standard Referenced reference in code number Title section number IBC-12 International Building Code� 102.3, 201.3, 401.3, 702.3 IEBC-12 International Existing Building 305.1.1, 306.L 1 Code�l IFC-12 International Fire Code� 201.3, 604.3.1.1, 604.3.2.1, 702.1, 702.2, 704.1, 704.2 IFGC-12 International Fuel Gas Code� 102.3 IMC-12 International Mechanical Code`�' 102.3, 201.3 IPC-12 International Plumbing Code�' 201.3, 505.1, 602.2, 602.3 IRC-12 International Residential Code° 201.3 IZC-12 International Zoning Code° 102.3, 201.3 National Fire Protection Association 1 Batterymarch Park NFPA Quincy, MA 02269 Standard Referenced reference in code number Title section number 25-11 Inspection, Testing and Maintenance of 704.1.1 Water-Based Fire Protection Systems 70-11 National Electrical Code 102.4, 201.3, 604.2 Appendix A Boarding Standard A101 GENERAL A101.1 General. All windows and doors shall be boarded in an approved manner to prevent entry by unauthorized persons and shall be painted to correspond to the color of the existing structure. SECTION 4.60: ADOPTION OF INTERNATIONAL PROPERTY MAINTENANCE CODE Subdivision 1. Code Adopted The International Property Maintenance Code, 2012 Edition, ("IPMC") published by the International Code Council, Inc., is hereby adopted by reference for the City as modified and amended by Subdivisions 2 below. The IPMC, as modified and amended by Subdivisions 2 below, shall be considered a part of this Section as if set out in full herein and shall be referred to as the Golden Valley Property Maintenance Code. Subdivision 2. Amendments to the IPMC The IPMC adopted by reference in Subdivision 1 is hereby amended in the following respects for application within the City: (a) Section 101.1. This Section is revised in its entirety to read as follows: "These regulations shall be known as the Golden Valley Property Maintenance Code, hereinafter referred to as "this code."" (b) Section 102.1. The following sentence is added at the end of this Section. "When there is a conflict between this code and any other section of the City Code, the more restrictive shall govern." (c) Section 102.3. In the first sentence,the terms: "International Building Code, International Energy Conservation Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, International Plumbing Code and NFPA 70" are deleted and replaced with "Minnesota State Building Code, the Minnesota State Fire Code, the Minnesota Plumbing Code, the Minnesota Residential Code,the Minnesota Fuel Gas Code, the Minnesota Mechanical Code, the Minnesota Electrical Code,the Minnesota Residential Energy Code and the Minnesota Commercial Energy Code". In the second sentence the term "International Zoning Code" is deleted and replaced with "City Zoning Code as set forth in Chapter 11 of the City Code". (d) Section 102.7 . This first sentence of this Section is revised in its entirety to read as follows: "The codes and standards referenced in this code shall be those that are listed in the Minnesota State Building Code,the Minnesota State Fire Code, the Minnesota Plumbing Code,the Minnesota Residential Code, the Minnesota Fuel Gas Code, the Minnesota Mechanical Code, the Minnesota Electrical Code, the Minnesota Residential Energy Code and the Minnesota Commercial Energy Code and considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.7.1 and 102.7.2." (e) Section 103. The title of this Section is revised in its entirety to read as follows: "Administration of this Property Maintenance Code." (f) Section 103.1. This Section is revised in its entirety to read as follows: "The City Manager shall administer this code." (g) Section 103.2. This Section is revised in its entirety to read as follows: "The City Manager or the City Manager's designee shall designate the code official responsible for the administration and enforcement of this code." (h) Section 103.4 The term " member of the board of appeals " is deleted and replaced with the term "administrative hearing officer". (i) Section 103.5. This Section is revised to add at the end of the existing language: "the City's master fee schedule adopted by the City Council from time to time." (j) Section 106.3. This first sentence of this Section is revised in its entirety to read as follows: "Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a misdemeanor or a civil offense punishable by administrative citation in accordance with the City Code, and the violation shall be deemed a strict liability offense." (k) Section 109.6: The second sentence of this Section is revised in its entirety to read as follows: "Any affected person shall thereafter, be entitled to an administrative hearing as set forth in Section 2.91 of the City Code." (I) Section 111.1 This Section is revised in its entirety to read as follows: "Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to a hearing officer in an administrative hearing as provided in Section 2.91 of the City Code, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. In the case of an appeal from a notice issued to vacate pending elimination of imminent dangers,the appeal shall be heard as soon as possible after the time of filing. In the case of appeals from other notices, the appeal shall be heard at such time as may be established under Section 2.91 of the City Code. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means." (m) Sections 111.2 through Section 111.7, inclusive, are deleted in their entirety. (n) Section 112.4. This Section is revised in its entirety to read as follows: "Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine set forth in the schedule referred to in Section 103.5 hereof." (o) Section 201.3 This Section is revised in its entirety to read as follows: "Where terms are not defined in this code and are defined in the Minnesota State Building Code, the Minnesota State Fire Code, the Minnesota Plumbing Code,the Minnesota Residential Code, the Minnesota Fuel Gas Code, the Minnesota Mechanical Code,the Minnesota Electrical Code, the Minnesota Residential Energy Code, the Minnesota Commercial Energy Code and the City of Golden Valley City Code, such terms shall have the meanings ascribed to them as stated in those codes." (p) Section 202. The following definition is added: "CORD OF FIREWOOD. Means a unit of cut fuel wood, equal to one hundred twenty-eight (128) cubic feet in a stack." (q) Section 202. The following definition is added: "FIREWOOD. Wood or wood product used or intended for heating fuel in a dwelling or for recreational fire. Painted or treated wood shall not be considered firewood." (r) Section 202. The following definition is added: "NEAT, SECURED STACK. Means a stack of firewood that is piled in a regular, orderly arrangement that is stable and reasonably resistant to collapse." (s) Section 202. The following definition is added: "RECYCLABLES. Means items of refuse designated by the Hennepin County Department of Environment and Energy to be part of an authorized recycling program and which are intended for processing and remanufacture or reuse." (t) Section 202. The definition of"Rubbish" is revised in its entirety to read: "Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, discarded furniture (including unusable/unsafe outdoor furniture), crockery and dust and other similar materials." (u) Section 202. The following definition is added: "YARD WASTE. Grass/lawn clippings, leaves, weeds, garden waste (tomato vines, carrot tops, cucumber vines, etc.) soft bodied plants (flower and vegetable plants), hedge or tree trimmings and twigs (1/4 inch diameter maximum), pine cones and needles." (v) Section 302.4. The words appearing in the brackets in the first sentence are deleted and the words "8 inches" are inserted therein, and the brackets are deleted. (w) Section 304.1.1. The phrase "International Building Code or the International Existing Building Code" is deleted and the term "Minnesota State Building Code" is inserted in its place. (x) Section 304.3. The following sentence is added at the end of this Section: "For a building existing prior to the adoption of this code by the City, the owner shall be responsible for providing building numbering in accordance with Section 4.06 of the City Code until replacement of such numbers is required during a remodeling, residing, or rebuilding of the exterior of the building, or in the event of loss or damage to some or all of such existing numbers." (y) Section 304.14. The date "May 1" replaces the word "DATE" in the first set of brackets and the date "August 1" replaces the word "DATE" in the second set of brackets, and the brackets are deleted. (z) Section 305.1.1. The phrase "International Building Code or the International Existing Building Code" is deleted and the term "Minnesota State Building Code" is inserted in its place. (aa) Section 306.1.1. The term "International Building Code" is deleted and the term "Minnesota State Building Code" is inserted in its place. (bb) Section 308.1. This Section is revised in its entirety to read as follows: "All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish, garbage, recyclables, and /or yard waste and disposed of in accordance with Section 10.40 of the City Code." (cc) Sections 308.3.3. A new Section is added to read: "RENTAL GARBAGE FACILITIES. All rental property owners shall be responsible for providing garbage pickup and water and sewer services." (dd) Section 310. A new Section is added entitled: "SECTION 310 OUTDOOR WOOD STORAGE." (ee) Sections 310.1. A new Section is added to read: "310.1. General. The following are conditions for outdoor wood storage." (ff) Sections 310.1.1, 310.1.2, and 310.1.3. New Sections 310.1.1, 310.1.2, and 310.1.3 are added to read: "310.1.1 Except for firewood and construction materials necessary for on-site work, no wood or wood product shall be kept or stored upon a residential premises. 310.1.2 Firewood may be stored upon a residential premises solely for use on the premises and not for resale. 310.1.3 All firewood located upon a residential premises shall be stored as follow: 1. The firewood shall be cut/split to a uniform shape thirty (30) inches in length or less, stored in neat, secure stacks, and prepared for use; 2. Each stack cannot exceed a cord of firewood. The height of a woodpile over three (3) feet shall be no more than twice its width, but in no event shall the height exceed five (5)feet; 3. Firewood stacks must have at least ten (10)feet of space from each other; 4. The firewood shall not be in a deteriorating state; 5. No firewood shall be stored within three (3)feet of any side or five (5)feet of any rear property line, except that if the wood is stored in an accessory structure the accessory structure shall meet all zoning setback requirements; and 6. No firewood shall be stored in the front yard." (gg) Section 401.3. The term "International Building Code" is deleted and replaced with the term "Minnesota State Building Code". (hh) Section 403.5. This Section is revised in its entirety to read as follows: "Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted outside the structure in accordance with the manufacturer's instructions and the Minnesota Mechanical Code." (ii) Sections 502.5 and 505.1.The term "International Plumbing Code" is deleted and replaced with the term "Minnesota State Plumbing Code". (jj) Section 602.3. The date "October 1" replaces the word "DATE" in the first set of brackets and the date "May 1" replaces the word "DATE" in the second set of brackets, and the brackets are deleted. (kk) Section 602.4. The date "October 1" replaces the word "DATE" in the first set of brackets and the date "May 1" replaces the word "DATE" in the second set of brackets, and the brackets are deleted. (II) Section 604.3.1.1. The term "International Building Code" is deleted and replaced with the term "Minnesota State Building Code". (mm) Section 604.3.2.1. The term "International Building Code" is deleted and replaced with the term "Minnesota State Building Code". (nn) Section 606.1. This first sentence of this Section is revised to read in entirety as follows: "Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A17 and Chapter 1307 of the Minnesota State Building Code." (oo) Section 702.1. The term "International Fire Code" is deleted and the term "Minnesota State Fire Code" is inserted in its place. (pp) Section 702.2. The term "International Fire Code" is deleted and the term "Minnesota State Fire Code" is inserted in its place. (qq) Section 702.3. The term "International Building Code" is deleted and the term "Minnesota State Building Code" is inserted in its place. (rr) Section 704.1. The term "International Fire Code" is deleted and the term "Minnesota State Fire Code" is inserted in its place. (ss) Section 704.2. The term "International Fire Code" is deleted and the term "Minnesota State Fire Code" is inserted in its place. (tt) Section 705. A new Section is added entitled: "SECTION 705 CARBON MONOXIDE ALARMS." (uu) Section 705.1. A new Section is added to read: "705.1 General. Carbon monoxide alarms shall be installed in accordance with Minnesota Statute 299F.50-51." (vv) Chapter 8. The following sentence in Chapter 8 is deleted in its entirety: "The application of the referenced standards shall be as specified in Section 102.7." (ww) Chapter 8. In the table regarding the American Society of Mechanical Engineers in Chapter 8, the standard reference number "A17.1/CSA B44-2007" cited therein is changed to: "A17.1/CSA B44-2010". (xx) Chapter 8. The table regarding the International Code Council is deleted in its entirety. Subdivision 3. IPMC on File At least one copy of the IPMC shall be marked CITY OF GOLDEN VALLEY- OFFICIAL COPY and kept on file in the office of the City Clerk and open to inspection and use by the public. 2012 -INTERNATIONAL PROPERTY MAINTENANCE CODE CHAPTER 1 — SCOPE AND ADMINISTRATION PART 1 —SCOPE AND APPLICATION SECTION 101 GENERAL [A] lOLl Title. These regulations shall be known as the Golden Vallev Property Maintenance Code��n.r n�,r� n� rr ro mr�rrrrTn�.n hereinafter referred to as "this code." [A] 101.2 Scope. The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. [A] 101.3 Intent. This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. [A] 101.4 Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. SECTION 102 APPLICABILITY [A] 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern. When there is a conflict between this code and anv other section of the Citv Code. the mare restrictive shall �overn. [A) 102.2 Maintenance. Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and premises. [A] 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the r,��,,��E� ,�*„v,��,,;.,,�„� �,�„U,�„ r.,,�.,�v..,...;�,� �.,a� > > , , .Minnesota State Building Code. the Minnesota State Fire Code. the Minnesota Plumbin�Code. the Minnesota Residential Code. the Minnesota Fuel Gas Code. the Minnesota Mechanical Code. the Minnesota Electrical Code. the Minnesota Residential Energv Code and the Minnesota Commercial Ener�v Code . Nothing in this code shall be construed to cancel, modify or set aside any provision of the��Citv Zoning Code as set forth in Chanter 11 of the Citv Code. [A] 102.4 Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and insanitary. [A] 102.5 Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's instructions. [A] 102.6 Historic buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare. [A] 102.7 Referenced codes and standards. The codes and standards referenced in this code skall be those that are listed in the Minnesota State Buildin� Code, the Minnesota State Fire Code, the Minnesota Plumbin�Code. the Minnesota Residential Code. the Minnesota Fuel Gas Code the Minnesota Mechanical Code the Minnesota Electrical Code the Minnesota Residential Ener�v Code and the Minnesota Commercial Energv Code and considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.7.1 and 102.7.2. Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall apply. [A] 102.7.1 Conflicts. Where conflicts occur between provisions of this code and the referenced standards, the provisions of this code shall apply. [A] 102.7.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard. [A] 102.8 Requirements not covered by code. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the code official. [A] 102.9 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. [A� 102.10 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. PART 2 —ADMINISTRATION AND ENFORCEMENT SECTION 103 ADMINI5TRATION OF THIS PROPERTY MAINTENANCE =NCDTi !''T7l1N i�i �nz i ��..�,..,� ��,o.- „��.,,ii �.o i,,,,,..,,, .,� ��.o �.,,a., .,��;,.;,,�CODE ��ti (Al 103.1 General. The Citv Mana�er shall administer this code. [A) 103.2 Appointment. The Citv Mana�er or the Citv Mana�er's desienee shall desi�nate the code official �'��" '�� r��r*�a �-�*�� '�;��~~�:~+:^R ^„+'�^^+�� +'�� ^,^�a;�*:��resnonsible for the administration and enforcement of this code. (A] 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the code official shall have the authority to appoint a deputy(s). Such employees shall have powers as delegated by the code o�cial. [A] 103.4 Liability. The code official, .��'��--��*'��'��r� ��'�----��administrative hearin�officer or employee charged with the enforcement of this code, while acting for the jurisdiction, in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code. [A] 103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in the following schedule: the Citv's master fee schedule adonted bv the Citv Council from time to time. rrrroTcr�rrrrrn�.r •rn i�.r��n-r nnnvnnnrnrr� cru�r�rrr � i �..�.��.,.��,.��,.. � SECTION 104 DUTIES AND POWERS OF THE CODE OFFICIAL [A] 104.1 General. The code official is hereby authorized and directed to enforce the provisions of this code. The code official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. [A] 104.2 Inspections. The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. [A] 104.3 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this code, provided that if such structure or premises is occupied the code official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry. [A] 104.4 Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. [A] 104.5 Notices and orders. The code official shall issue all necessary notices or orders to ensure compliance with this code. [A] 104.6 Department records. The code official shall keep official records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records for the period required for retention of public records. SECTION 105 APPROVAL [A] 105.1 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifications for individual cases upon application of the owner or owner's representative, provided the code official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files. [A] 105.2 Alternative materials, methods and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been upproved. An alternative material or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. [A] 105.3 Required testing. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction. [A] 105.3.1 Test methods. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall be permitted to approve appropriate testing procedures performed by an approved agency. (A] 105.3.2 Test reports. Reports of tests shall be retained by the code official for the period required for retention of public records. [A] 105.4 Used material and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when necessary, placed in good and proper working condition and approved by the code official. [A] 105.5 Approved materials and equipment. Materials, equipment and devices approved by the code official shall be constructed and installed in accordance with such approval. [A] 105.6 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. SECTION 106 VIOLATIONS [A] 106.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code. [A] 106.2 Notice of violation. The code official shall serve a notice of violation or order in accordance with Section 107. (A] 106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a misdemeanor or civil ��+��^ ^� a�*�-��^�a '�•�*'�� '��' m•�„��„�'�*••�ffense nunishable b administrative citation in accordance with the Citv Code, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. [A] 106.4 Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense. [A] 106.5 Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct,business or utilization of the building, structure or premises. SECTION 107 NOTICES AND ORDERS [A] 107.1 Notice to person responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3 to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 108.3. [A] 107.2 Form. Such notice prescribed in Section 107.1 shall be in accordance with all of the following: 1. Be in writing. 2. Include a description of the real estate sufficient for identification. 3. Include a statement of the violation or violations and why the notice is being issued. 4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code. 5. Inform the property owner of the right to appeal. 6. Include a statement of the right to file a lien in accordance with Section 106.3. [A] 107.3 Method of service. Such notice shall be deemed to be properly served if a copy thereof is: 1. Delivered personally; 2. Sent by certified or first-class mail addressed to the last known address; or 3. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. [A] 107.4 Unauthorized tampering. Signs, tags or seals posted or affixed by the code official shall not be mutilated, destroyed or tampered with, or removed without authorization from the code official. [A] 107.5 PenalNes. Penalties for noncompliance with orders and notices shall be as set forth in Section 106.4. [A] 107.6 Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. SECTION 108 UNSAFE STRUCTURES AND EQUIPMENT [A] 108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code. [A] 108.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. [A] 108.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure. [A] 108.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or,because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. [A] 108.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law. [A] 108.1.5 Dangerous structure or premises. For the purpose of this code, any structure or premises that has any or all of the conditions or defects described below shall be considered dangerous: 1. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing buildings. 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. 3. Any portion of a building, structure or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or eompletely collapse, or to become detached or dislodged. 4. Any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value. 5. The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way. 6. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy. 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. 8. Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire,building collapse or any other threat to life and safety. 9. A building or structure, used or intended to be used for dwelling purposes,because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code o�cial to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. 10. Any building or structure, because of a lack of sufficient or proper fire-resistance-rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health. 11. Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public. [A] 108.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource. [A] 108.2.1 Authority to disconnect service utilities. The code o�cial shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 102.7 in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without approval. The code official shall notify the serving utility and, whenever possible, the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection the owner or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter. [A] 108.3 Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Section 107.3. If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in Section 107.2. [A] 108.4 Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. [A] 108.4.1 Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code. [A] 108.5 Prohibited occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code. (A] 108.6 Abatement methods. The owner, operator or occupant of a building,premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action. [A] 108.7 Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition. SECTION 109 EMERGENCY MEASURES [A] 109.1 Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. [A] 109.2 Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. [A] 109.3 Closing streets. When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets,public ways and places adjacent to unsafe structures, and prohibit the same from being utilized. [A) 109.4 Emergency repairs. For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible. [A] 109.5 Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs. [A] 109.6 Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter . ��:�;�., u� o„*oa *� *�,v „ o„' �, ,-a ,.o „��,.aoa �,o ao r�.oa t�.; ^aobe � uYv i Yv ivii ivvwu �v �iiv uYYvua�vv" � _ entitled to an administrative hearin�as set forth in Section 2.91 of the Citv Code. SECTION 110 DEMOLITION [A] 110.1 General. The code official shall order the owneY of any premises upon which is located any structure, which in the code official judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, the code official shall order the owner to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyond one year, unless approved by the building official. [A] 110.2 Notices and orders. All notices and orders shall comply with Section 107. [A� 110.3 Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. [A] 110.4 Salvage materials. When any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. Tf such a surplus does not remain to be turned over, the report shall so state. SECTION 111 MEANS OF APPEAL [A] 111.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to �'��'�^^r�' ��-��'�a hearing officer in an administrative hearin�as nrovided in Section 2.91 of the Citv Code, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. In the case of an anpeal from a notice issued to vacate nendin� elimination of imminent dan�ers, the avneal shall be heard as soon as nossible after the time of filing. In the case of anneals from other notices. the anneal shall be heard at such time as mav be established under Section 2.91 of the Citv Code. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. 1 A 1 1 1� '1 l�ii,...,h,,..�l,i.. ..4'L,...,�..a �r�] iii. . � • f A 1 1 1 1 '1 1 A lt.,......�„ ...,..„i.,,..� rr.o,,.l�o,-� �l..,ll ,. o � +l.o„ .,1;�,.�+;.,,,� ,- 0,7 �,-1�,,.,,-rl ,�. ,�.l.e,.�l,'.. ....,,�.�.....� .�,.u.. r:.�i.�i.J�,� a....J .iuu..iivu�.vii.� ct.�c'ai•- � f A 1 11� '1 '1 !''i...:......... 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Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the appeals board. SECTION 112 STOP WORK ORDER [A] 112.1 Authority. Whenever the code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the code official is authorized to issue a stop work order. [A] 112.2 Issuance. A stop work order shall be in writing and shall be given to the owner of the property, to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume. [A] 112.3 Emergencies. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. [A] 112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine �� .,,� r�r,rn, r,.rT, a„».,,-� �.-,.,,,,-o.�,,,., r n,�,rnT n.rT� a,.».,,-�set forth in the schedule referred to in Section 103.5 hereof. CHAPTER 2—DEFINITIONS SECTION 201 GENERAL 201.1 Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter. 201.2 Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular. 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the , �&Minnesota State Buildin� Code, the Minnesota State Fire Code. the Minnesota Plumbin�Code. the Minnesota Residential Code the Minnesota Fuel Gas Code the Minnesota Mechanical Code the Minnesota Electrical Code, the Minnesota Residential Ener�v Code, the Minnesota Commercial Ener�v Code and the Citv of Golden Vallev City Code, such terms shall have the meanings ascribed to them as stated in those codes. 201.4 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. 201.5 Parts. Whenever the words "dwelling unit," "dwelling," "premises," "building," "rooming house," "rooming unit," "housekeeping unit" or "story" are stated in this code,they shall be construed as though they were followed by the words "or any part thereof." SECTION 202 GENERAL DEFINITIONS ANCHORED. Secured in a manner that provides positive connection. (A] APPROVED.Approved by the code official. BASEMENT. That portion of a building which is partly or completely below grade. BATHROOM. A room containing plumbing fixtures including a bathtub or shower. BEDROOM. Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit. [A] CODE OFFICIAL. The official who is charged with the administration and enforcement of this code, or any duly authorized representative. CONDEMN. To adjudge unfit for occupancy. CORD OF FIREWOOD. Means a unit of cut fuel wood. eaual to one hundred twentv-ei�ht (1281 cubic feet in a stack. DETACHED. When a structural element is physically disconnected from another and that connection is necessary to provide a positive connection. DETERIORATION. To weaken, disintegrate, corrode, rust or decay and lose effectiveness. [B] DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. [Z] EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above a said lot or lots. EQUIPMENT SUPPORT. Those structural members or assemblies of inembers or manufactured elements, including braces, frames, lugs, snuggers, hangers or saddles, that transmit gravity load, lateral load and operating load between the equipment and the structure. EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or operators of such premises. FIREWOOD. Wood or wood nroduct used or intended for heatin� fuel in a dwellin�or for recreational fire. Painted or treated wood shall not be considered firewood. GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food. [B] GUARD. A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level. [B] HABITABLE SPACE. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces. HOUSEKEEPING UNIT. A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower. IMMINENT DANGER.A condition which could cause serious or life-threatening injury or death at any time. INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests. INOPERABLE MOTOR VEHICLE.A vehicle which cannot be driven upon the public streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power. [A] LABELED. Equipment, materials or products to which have been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and whose labeling indicates either that the equipment, material or product meets identified standards or has been tested and found suitable for a specified purpose. LET FOR OCCUPANCY or LET. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land. NEGLECT. The lack of proper maintenance for a building or structure. NEAT, SECURED STACK. Means a stack of firewood that is niled in a re�ular, arderlv arran�ement that is stable and reasonablv resistant to collanse. [A] OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied. OCCUPANT. Any individual living or sleeping in a building, or having possession of a space within a building. OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors. OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy. [A] OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. PERSON. An individual, corporation, partnership or any other group acting as a unit. PEST ELIMINATION. The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food or water; by other approved pest elimination methods. [A] PREMISES. A lot, plot or parcel of land, easement or public way, including any structures thereon. [A] PUBLIC WAY. Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use. RECYCLABLES. Means items of refuse desi�nated bv the Hennenin Countv Denartment of Environment and Ener�v to be nart of an authorized recvclin�nroQram and which are intended for nrocessin� and remanufacture or reuse. ROOMING HOUSE. A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling. ROOMING UNIT. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. RUBBISH. Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches,yard trimmings, tin cans, metals, mineral matter, glass, discarded furniture (includin�unusable/unsafe outdoor furniturel. crockery and dust and other similar materials. [B] SLEEPING UNIT. A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities,but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do. [A] STRUCTURE. That which is built or constructed or a portion thereof. TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit. TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower. ULTIMATE DEFORMATION. The deformation at which failure occurs and which shall be deemed to occur if the sustainable load reduces to 80 percent or less of the maximum strength. [M] VENTILATION. The natural or mechanical process of supplying conditioned ar unconditioned air to, or removing such air from, any space. WORKMANLIKE. Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work. [Z] YARD. An open space on the same lot with a structure. YARD WASTE. Grass/lawn clinnin�s, leaves, weeds. �arden waste (tomato vines, carrot tons, cucumber vines etc. soft bodied nlants (flower and ve�etable nlantsl, hed�e or tree trimmin�s and twi�s (1/4 inch diameter maximuml, nine cones and needles. CHAPTER 3— GENERAL REQUIREMENTS SECTION 301 GENERAL 301.1 Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. 301.2 Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant ar permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control. 301.3 Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. SECTION 302 EXTERIOR PROPERTY AREAS 302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. 302.2 Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Exception: Approved retention areas and reservoirs. 302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. 302.4 Weeds. All premises and exterior properry shall be maintained free from weeds or plant growth in excess of rTrrorCr,Tr-rTn,.T -rn r,.Tc�vT u�,ru-r n.r r,.Tru�e,g_inches. All noxious weeds shall bey�rohibited. Weeds L✓V1�1VL1�11V1t I �) 1 shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. 302.5 Rodent harborage. All structures and exteYior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation. 302.6 Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor,hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant. 302.7 Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. 302.8 Motor vehicles. Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. 302.9 Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. SECTION 303 SWIMMING POOLS, SPAS AND HOT TUBS 303.1 Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition, and in good repair. 303.2 Enclosures. Private swimming pools, hot tubs and spas, containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier at least 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self- closing and self-latching. Where the self-latching device is a minimum of 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self- latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. Exception: Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section. SECTION 304 EXTERIOR STRUCTURE 304.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. 304.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the '�'�,�;.,��'�,�ui�°,;'-';,�--�'.,,'� ^r*'�� 'N*�VN.�*;.,N--' �--;�*;N Minnesota State Building Code as required for existing buildings: 1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength; 2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects; 3. Structures or components thereof that have reached their limit state; 4. Siding and masonry joints including joints between the building envelope and the perimeter of windows, doors and skylights are not maintained, weather resistant or water tight; 5. Structural members that have evidence of deterioration or that are not capable of safely supporting all nominal loads and load effects; 6. Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects; 7. Exterior walls that are not anchored to supporting and supported elements or are not plumb and free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects; 8. Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects; 9. Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal loads and resisting all load effects; 10. Veneer, cornices,belt courses, corbels, trim, wall facings and similar decorative features not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects; 11. Overhang extensions or projections including, but not limited to, trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects; 12. Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guards and handrails, are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects; or 13. Chimneys, cooling towers, smokestacks and similar appurtenances not structurally sound or not properly anchored, or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects. Exceptions: 1. When substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be permitted when approved by the code official. 304.2 Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay- resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. [F] 304.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm) in height with a minimum stroke width of 0.5 inch (12.7 mm). For buildings existin�nrior to the adontion of this code bv the Citv. the owner shall be resnonsible for nrovidin�buildin�numberin� in accordance with Section 4.06 of the Citv Code until renlacement of such numbers is reauired durin� a remodelin�. residin�, or rebuildin�of the exterior of the buildin�, or in the event of loss or dama�e to some or all of such existin�numbers. 304.4 Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. 304.5 Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. 304.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. 304.8 Decorative features. All cornices,belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. 304.9 Overhang extensions. All overhang extensions including,but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of inetal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. 304.10 Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. 304.11 Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of inetal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. 304.12 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 304.13 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. 304.13.2 Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. 304.14 Insect screens. During the period from{-B�£}Mav 1 Sc to��October 1 SI, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition. Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. 304.15 Doors. All exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. 304.16 Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water. 304.17 Guards for basement windows. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents. 304.18 Building security. Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within. 304.18.1 Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a minimum lock throw of 1 inch (25 mm). Such deadbolt locks shall be installed according to the manufacturer's specifications and maintained in good working order. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock. 304.18.2 Windows. Operable windows located in whole or in part within 6 feet (1828 mm) above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device. 304.18.3 Basement hatchways. Basement hatchways that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry. 304.19 Gates. All exterior gates, gate assemblies, operator systems if provided, and hardware shall be maintained in good condition. Latches at all entrances shall tightly secure the gates. SECTION 305 INTERIOR STRUCTURE 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. 305.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the 'N*-�N��*;�N�' Q,.;'.';-�-- �'�-'�^r*'�� 'N*�VN�+;��' �'Y;�*;N,-Minnesota State Building Code as required tititicr�suc for existing buildings: 1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength; 2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects; 3. Structures or components thereof that have reached their limit state; 4. Structural members are incapable of supporting nominal loads and load effects; 5. Stairs, landings,balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or are anchored with connections not capable of supporting all nominal loads and resisting all load effects; 6. Foundation systems that are not firmly supported by footings are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects. Exceptions: 1. When substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be permitted when approved by the code official. 305.2 Structural members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. 305.3 Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected. 305.4 Stairs and walking surfaces. Every stair, ramp, landing,balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. 305.5 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 305.6 Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. SECTION 306 COMPONENT SERVICEABILITY 306.1 General. The components of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. 306.1.1 Unsafe conditions. Where any of the following conditions cause the component or system to be beyond its limit state, the component or system shall be determined as unsafe and shall be repaired or replaced to comply with the Minnesota State Building Code as required for existing buildings: 1. Soils that have been subjected to any of the following conditions: 1.1. Collapse of footing or foundation system; 1.2. Damage to footing, foundation, concrete or other structural element due to soil expansion; 1.3. Adverse effects to the design strength of footing, foundation, concrete or other structural element due to a chemical reaction from the soil; 1.4. Inadequate soil as determined by a geotechnical investigation; 1.5. Where the allowable bearing capacity of the soil is in doubt; or 1.6. Adverse effects to the footing, foundation, concrete or other structural element due to the ground water table. 2. Concrete that has been subjected to any of the following conditions: 2.1.Deterioration; 2.2. Ultimate deformation; 2.3. Fractures; 2.4. Fissures; 2.5. Spalling; 2.6. Exposed reinforcement; or 2.7. Detached, dislodged or failing connections. 3. Aluminum that has been subjected to any of the following conditions: 3.1. Deterioration; 3.2. Corrosion; 3.3. Elastic deformation; 3.4. Ultimate deformation; 3.5. Stress or strain cracks; 3.6. Joint fatigue; or 3.7.Detached, dislodged or failing connections. 4. Masonry that has been subjected to any of the following conditions: 4.1.Deterioration; 4.2. Ultimate deformation; 4.3. Fractures in masonry or mortar joints; 4.4. Fissures in masonry or mortar joints; 4.5. Spalling; 4.6. Exposed reinforcement; or 4.7. Detached, dislodged or failing connections. 5. Steel that has been subjected to any of the following conditions: 5.1.Deterioration; 5.2. Elastic deformation; 5.3. Ultimate deformation; 5.4. Metal fatigue; or 5.5. Detached, dislodged or failing connections. 6. Wood that has been subjected to any of the following conditions: 6.1. Ultimate deformation; 6.2. Deterioration; 6.3. Damage from insects,rodents and other vermin; 6.4. Fire damage beyond charring; 6.5. Significant splits and checks; 6.6. Horizontal shear cracks; 6.7. Vertical shear cracks; 6.8. Inadequate support; 6.9. Detached, dislodged or failing connections; or 6.10. Excessive cutting and notching. Exceptions: 1. When substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be permitted when approved by the code official. SECTION 307 HANDRAILS AND GUARDRAILS 307.1 General. Every exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) in height or more than 42 inches (1067 mm) in height measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than 30 inches (762 mm) in height above the floor of the landing,balcony, porch, deck, or ramp or other walking surface. Exception: Guards shall not be required where exempted by the adopted building code. SECTION 308 RUBBISH AND GARBAGE 308.1 Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish��ge, �arba�e, recvclables, and/or vard waste and disnosed of in accordance with Section 10.40 of the Citv Code. 308.2 Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers. 308.2.1 Rubbish storage facilities. The owner of every occupied premises shall supply approved covered containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish. 308.2.2 Refrigerators. Refrigerators and similar equipment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors. 308.3 Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers. 308.3.1 Garbage facilities. The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incinerator unit in the structure available to the occupants in each dwelling unit; or an approved leakproof, covered, outside garbage container. 308.3.2 Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal. 308.3.3 RENTAL GARBAGE FACILITIES.All rental nronertv owners shall be resnonsible for providing garbage nickun and water and sewer services. SECTION 309 PEST ELIMINATION 309.1 Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to prevent reinfestation. 309.2 Owner. The owner of any structure shall be responsible for pest elimination within the structure prior to renting or leasing the structure. 309.3 Single occupant. The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for pest elimination on the premises. 309.4 Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for pest elimination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant and owner shall be responsible for pest elimination. 309.5 Occupant. The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure. Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for pest elimination. �ECTION 310 OUTDOOR WOOD STORAGE 310.1. General. The followin� are conditions for outdoor wood stora�e. 310.1.1 Excent for firewood and construction materials necessarv for on-site work no wood or wood nroduct shall be kent or stored unon a residential nremises. 310.1.2 Firewood mav be stored unon a residential nremises solelv for use on the nremises and not for resale 310.1.3 All firewood located unon a residential nremises shall be stored as follow• 1 The firewood shall be cut/snlit to a uniform shane thirtv(301 inches in lenQth or less stored in neat, secure stacks. and nrenared for use: 2. Each stack cannot exceed a cord of firewood The hei�ht of a woodnile over three(31 feet shall be no more than twice its width. but in no event shall the hei�ht exceed five (51 feet• 3. Firewood stacks must have at least ten (101 feet of snace from each other• 4. The firewood shall not be in a deterioratin�state• 5. No firewood shall be stored within three (3) feet of anv side or five (51 feet of anv rear nropertv line, excent that if the wood is stored in an accessorv structure the accessorv structure shall meet all zonin� setback reauirements: and 6. No firewood shall be stored in the front vard CHAPTER 4—LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS SECTION 401 GENERAL 401.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure. 401.2 Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any premises that do not comply with the requirements of this chapter. 401.3 Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the Minnesota State Building Code shall be permitted. SECTION 402 LIGHT 402.1 Habitable spaces. Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than 3 feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room. Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space,but a minimum of 25 square feet (2.33 mZ). The exterior glazing area shall be based on the total floor area being served. 402.2 Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one- and two-family dwellings, shall be lighted at all times with at least a 60-watt standard incandescent light bulb for each 200 square feet (19 m2) of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than 30 feet (9144 mm). In other than residential occupancies,means of egress, including exterior means of egress, stairways shall be illuminated at all times the building space served by the means of egress is occupied with a minimum of 1 footcandle(11 lux) at floors, landings and treads. 402.3 Other spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures. SECTION 403 VENTILATION 403.1 Habitable spaces. Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least 45 percent of the minimum glazed area required in Section 402.1. Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but a minimum of 25 square feet (2.33 m�). The ventilation openings to the outdoors shall be based on a total floor area being ventilated. 403.2 Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by Section 403.1, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated. 403.3 Cooking facilities. Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in the rooming unit or dormitory unit. Exceptions: 1. Where specifically approved in writing by the code official. 2. Devices such as coffee pots and microwave ovens shall not be considered cooking appliances. 403.4 Process ventilation. Where injurious, toxic, imtating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space. 403.5 Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted outside the structure in accordance with the manufacturer's instructions and with the Minnesota Mechanical Code. Exception: Listed and labeled condensing (ductless) clothes dryers. SECTION 404 OCCUPANCY LIMITATIONS 404.1 Privacy. Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces. 404.2 Minimum room widths. A habitable room, other than a kitchen, shall be a minimum of 7 feet (2134 mm) in any plan dimension. Kitchens shall have a minimum clear passageway of 3 feet (914 mm)between counterfronts and appliances or counterfronts and walls. 404.3 Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a minimum clear ceiling height of 7 feet (2134 mm). Exceptions: 1. In one- and two-family dwellings, beams or girders spaced a minimum of 4 feet (1219 mm) on center and projecting a maximum of 6 inches (152 mm)below the required ceiling height. 2. Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a minimum ceiling height of 6 feet 8 inches (2033 mm) with a minimum clear height of 6 feet 4 inches (1932 mm) under beams, girders, ducts and similar obstructions. 3. Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a minimum clear ceiling height of 7 feet (2134 mm) over a minimum of one-third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floar area with a minimum clear ceiling height of 5 feet (1524 mm) shall be included. 404.4 Bedroom and living room requirements. Every bedroom and living room shall comply with the requirements of Sections 404.4.1 through 404.4.5. 404.4.1 Room area. Every living room shall contain at least 120 square feet (11.2 m�) and every bedroom shall contain a minimum of 70 square feet (6.5 m2) and every bedroom occupied by more than one person shall contain a minimum of 50 square feet (4.6 m2) of floor area for each occupant thereof. 404.4.2 Access from bedrooms. Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces. Exception: Units that contain fewer than two bedrooms. 404.4.3 Water closet accessibility. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one water closet and lavatory located in the same story as the bedroom or an adjacent story. 404.4.4 Prohibited occupancy. Kitchens and nonhabitable spaces shall not be used for sleeping purposes. 404.4.5 Other requirements. Bedrooms shall comply with the applicable provisions of this code including, but not limited to, the light, ventilation, room area, ceiling height and room width requirements of this chapter; the plumbing facilities and water-heating facilities requirements of Chapter 5; the heating facilities and electrical receptacle requirements of Chapter 6; and the smoke detector and emergency escape requirements of Chapter 7. 404.5 Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 404.5. TABLE 404.5 MINIMUM AREA REQUIREMENTS MINIMUM AREA IN SQUARE FEET 1-2 3-5 6 or more SPACE occupants occupants occupants Living 120 120 150 rooma,b Dining No 80 100 rooma°b requirement Bedrooms Shall comply with Section 404.4.1 For SI: 1 square foot= 0.093 m2. a. See Section 404.52 for combined living room/dining room spaces. b. See Section 404.5.1 for limitations on determining the minimum occupancy area for sleeping purposes. 404.5.1 Sleeping area. The minimum occupancy area required by Table 404.5 shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping areas shall comply with Section 404.4. 404.5.2 Combined spaces. Combined living room and dining room spaces shall comply with the requirements of Table 404.5 if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room. 404.6 Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements: 1. A unit occupied by not more than one occupant shall have a minimum clear floor area of 120 square feet (11.2 m2). A unit occupied by not more than two occupants shall have a minimum clear floor area of 220 square feet (20.4 mz). A unit occupied by three occupants shall have a minimum clear floor area of 320 square feet (29.7 m2). These required areas shall be exclusive of the areas required by Items 2 and 3. 2. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a minimum clear working space of 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided. 3. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower. 4. The maximum number of occupants shall be three. 404.7 Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage. CHAPTER 5—PLUMBING FACILITIES AND FIXTURE REQUIREMENTS SECTION 501 GENERAL 501.1 Scope. The provisions of this chapter shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided. 501.2 Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure or premises which does not comply with the requirements of this chapter. SECTION 502 REQUIRED FACILITIES [P] 502.1 Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory. [P] 502.2 Rooming houses. At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units. [P] 502.3 Hotels. Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each ten occupants. [P] 502.4 Employees' facilities. A minimum of one water closet, one lavatory and one drinking facility shall be available to employees. [P] 502.4.1 Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms. [P] 502.5 Public toilet facilities. Public toilet facilities shall be maintained in a safe sanitary and working condition in accordance with the �e��Minnesota State Plumbing Code. Except far periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises. SECTION 503 TOILET ROOMS [P] 503.1 Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling. [P) 503.2 Location. Toile�rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units, shall have access by traversing a maximum of one flight of stairs and shall have access from a common hall or passageway. [P] 503.3 Location of employee toilet facilities. Toilet facilities shall have access from within the employees' working area. The required toilet facilities shall be located a maximum of one story above or below the employees' working area and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate facilities or combined employee and public facilities. Exception: Facilities that are required for employees in storage structures ar kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the employees' regular working area to the facilities. [P) 503.4 Floor surface. In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition. SECTION 504 PLUMBING SYSTEMS AND FIXTURES [P] 504.1 General. All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition. [P] 504.2 Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning. [P] 504.3 Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection,backsiphonage, improper installation, deterioration or damage or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. SECTION 505 WATER SYSTEM 505.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities,bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the Minnesota State Plumbing Code. [P] 505.2 Contamination. The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets,janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker. 505.3 Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks. 505.4 Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adeyuate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a minimum temperature of 110°F (43°C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. SECTION 506 SANITARY DRAINAGE SYSTEM [P] 506.1 General. All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system. [P] 506.2 Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects. [P] 506.3 Grease interceptors. Grease interceptors and automatic grease removal devices shall be maintained in accordance with this code and the manufacturer's installation instructions. Grease interceptors and automatic grease removal devices shall be regularly serviced and cleaned to prevent the discharge of oil, grease, and other substances harmful or hazardous to the building drainage system, the public sewer, the private sewage disposal system or the sewage treatment plant or processes. All records of maintenance, cleaning and repairs shall be available for inspection by the code official. SECTION 507 STORM DRAINAGE [P] 507.1 General. Drainage of roofs and paved areas,yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. CHAPTER 6—MECHANICAL AND ELECTRICAL REQUIREMENTS SECTION 601 GENERAL 601.1 Scope. The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided. 601.2 Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises which does not comply with the requirements of this chapter. SECTION 602 HEATING FACILITIES 602.1 Facilities required. Heating facilities shall be provided in structures as required by this section. 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used, as a means to provide required heating. Exception: In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained. 602.3 Heat supply. Every ow�zer and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from rT'�October ls` to fB�4�}May ls' to maintain a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet�rooms. Exceptions: 1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code. 2. In areas where the average monthly temperature is above 30°F (-1°C) a minimum temperature of 65°F (18°C) shall be maintained. 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from {-B�4�}October 1 s` to {�4��Mav 1 st to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied. Exceptions: 1. Processing, storage and operation areas that require cooling or special temperature conditions. 2. Areas in which persons are primarily engaged in vigorous physical activities. 602.5 Room temperature measurement. The required room temperatures shall be measured 3 feet (914 mm) above the floor near the center of the room and 2 feet (610 mm) inward from the center of each exterior wall. SECTION 603 MECHANICAL EQUIPMENT 603.1 Mechanical appliances. All mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. 603.2 Removal of combustion products. All fuel-burning equipment and appliances shall be connected to an approved chimney or vent. Exception: Fuel-burning equipment and appliances which are labeled for unvented operation. 603.3 Clearances. All required clearances to combustible materials shall be maintained. 603.4 Safety controls. All safety controls for fuel-burning equipment shall be maintained in effective operation. 603.5 Combustion air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment. 603.6 Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved. SECTION 604 ELECTRICAL FACILITIES 604.1 Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section 605. 604.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with NFPA 70. Dwelling units shall be served by a three-wire, 120/240 volt, single- phase electrical service having a minimum rating of 60 amperes. 604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. 604.31 Abatement of electrical hazards associated with water exposure. The provisions of this section shall govern the repair and replacement of electrical systems and equipment that have been exposed to water. 604.3.1.1 Electrical equipment. Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, surge protectars, molded case circuit breakers, low-voltage fuses, luminaires,ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the Minnesota State Building Code. Exception: The following equipment shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer's representative indicates that the equipment has not sustained damage that requires replacement: 1. Enclosed switches, rated a maximum of 600 volts or less; 2. Busway, rated a maximum of 600 volts; 3. Panelboards, rated a maximum of 600 volts; 4. Switchboards, rated a maximum of 600 volts; 5. Fire pump controllers, rated a maximum of 600 volts; 6. Manual and magnetic motor controllers; 7. Motor control centers; 8. Alternating current high-voltage circuit breakers; 9. Low-voltage power circuit breakers; 10. Protective relays, meters and current transformers; 11. Low- and medium-voltage switchgear; 12. Liquid-filled transformers; 13. Cast-resin transformers; 14. Wire or cable that is suitable for wet locations and whose ends have not been exposed to water; 15. Wire or cable, not containing fillers, that is suitable for wet locations and whose ends have not been exposed to water; 16. Luminaires that are listed as submersible; 17. Motors; 18. Electronic control, signaling and communication equipment. 604.3.2 Abatement of electrical hazards associated with fire exposure. The provisions of this section shall govern the repair and replacement of electrical systems and equipment that have been exposed to fire. 604.3.2.1 Electrical equipment. Electrical switches, receptacles and fixtures, including furnace, water heating, security system and power distribution circuits, that have been exposed to fire, shall be replaced in accordance with the provisions of the Minnesota State Building Code. Exception: Electrical switches, receptacles and fixtures that shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer's representative indicates that the equipment has not sustained damage that requires replacement. SECTION 605 ELECTRICAL EQUIPMENT 605.1 Installation. All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner. 605.2 Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. All receptacle outlets shall have the appropriate faceplate cover for the location. 605.3 Luminaires. Every public hall, interior stairway, toilet Noom, kitchen, bathroom, laundry room, boiler room and furnace room shall contain at least one electric luminaire. Pool and spa luminaries over 15 V shall have ground fault circuit interrupter protection. 605.4 Wiring. Flexible cords shall not be used for permanent wiring, or for running through doors, windows, or cabinets, or concealed within walls, floors, or ceilings. SECTION 606 ELEVATORS, ESCALATORS AND DUMBWAITERS 606.1 General. Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A��17.1 and Chapter 1307 of the Minnesota State Building Code The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, be available for public inspection in the office of the building operator or be posted in a publicly conspicuous location approved by the code official. The inspection and tests shall be performed at not less than the periodic intervals listed in ASME A17.1, Appendix N, except where otherwise specified by the authority having jurisdiction. 606.2 Elevators. In buildings equipped with passenger elevators, at least one elevator shall be maintained in operation at all times when the building is occupied. Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing. SECTION 607 DUCT SYSTEMS 607.1 General. Duct systems shall be maintained free of obstructions and shall be capable of performing the required function. CHAPTER 7—FIRE SAFETY REQUIREMENTS SECTION 701 GENERAL 701.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided. 701.2 Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that do not comply with the requirements of this chapter. SECTION 702 MEANS OF EGRESS [F) 702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the Minnesota State Fire Code. [F] 702.2 Aisles. The required width of aisles in accordance with the 'N'��•��'��N�'Minnesota State Fire Code shall be unobstructed. (F] 702.3 Locked doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the �i��;r��Minnesota State Building Code. [F] 702.4 Emergency escape openings. Required emergency escape openings shall be maintained in accordance with the code in effect at the time of construction, and the following. Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening. SECTION 703 FIRE-RESISTANCE RATINGS [F] 703.1 Fire-resistance-rated assemblies. The required fire-resistance rating of fire-resistance-rated walls, fire stops, shaft enclosures, partitions and floors shall be maintained. [F] 703.2 Opening protectives. Required opening protectives shall be maintained in an operative condition. All fire and smokestop doors shall be maintained in operable condition. Fire doors and smoke barrier doors shall not be blocked or obstructed or otherwise made inoperable. SECTION 704 FIRE PROTECTION SYSTEMS [F] 704.1 General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the '��ie�-�Minnesota State Fire Code. [F] 704.1.1 Automatic sprinkler systems. Inspection, testing and maintenance of automatic sprinkler systems shall be in accordance with NFPA 25. [F] 704.2 Smoke alarms. Single- or multiple-station smoke alarms shall be installed and maintained in Group R or I-1 occupancies, regardless of occupant load at all of the following locations: 1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms. 2. In each room used for sleeping purposes. 3. In each story within a dwelling unit, including basements and cellars but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening doar between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. Single- or multiple-station smoke alarms shall be installed in other groups in accordance with the Minnesota State Fire Code. �F] 704.3 Power source. In Group R or I-1 occupancies, single-station smoke alarms shall receive their primary power from the building wiring provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for overcurrent protection. Exception: Smoke alarms are permitted to be solely battery operated in buildings where no construction is taking place, buildings that are not served from a commercial power source and in existing areas of buildings undergoing alterations or repairs that do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for building wiring without the removal of interior finishes. [F] 704.4 InterconnecNon. Where more than one smoke alarm is required to be installed within an individual dwelling unit in Group R or I- 1 occupancies, the smoke alanns shall be interconnected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. Physical interconnection of smoke alarms shall not be required where listed wireless alarms are installed and all alarms sound upon activation of one alarm. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed. Exceptions: 1. Interconnection is not required in buildings which are not undergoing alterations, repairs or construction of any kind. 2. Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for interconnection without the removal of interior finishes. SECTION 705 CARBON MONOXIDE ALARMS 705.1 General. Carbon monoxide alarms shall be installed in accordance with Sections 299F.50-51 of the Minnesota Statutes. CHAPTER 8—REFERENCED STANDARDS This chapter lists the standards that are referenced in various sections of this document. The standards are listed herein by the promulgating agency of the standard, the standard identification, the effective date and title and the section or sections of this document that reference the standard. T'�� „„';��*;�r ��*'��r��r�� *��'�ra� �t,.,ii �.o „ ,,;�oa ;� co,.�;,,r �n� � American Society of Mechanical Engineers Three Park Avenue ASME New York, NY 10016-5990 Standard Referenced reference in code number section Title number A17.1/CSA B44— Safety Code for Elevators and Escalators 606.1 �'�2010 ASTM International 100 Barr Harbor Drive ASTM West Conshohocken, PA 19428-2959 Standard Referenced reference in code number section Title number Performance Specifications for Safety Covers F 1346-91 and Labeling Requirements (2003) for All Covers for Swimming Pools, Spas and Hot Tubs 303.2 ��o,.,,,,�;,,,,,,i r„ao rV,,..r,.:i cnn �.r�.,, io,-�o., n.,o o �.r�z� ��., ..�� , �+t�� E ��e�r-��.�� x� A�� iz n-cciicc i�i--EAE� �f �� o��' ri,l,o Tur-v i� �r.o,,,,,,,;,,,,,,i u,,;ia;.,,� r-�„ao� i m � �n i � 4ni � �n� Z ��z ��.,��u� ��, �;,�-�� u��-L �nc i � �n� i i � �� r��z i�.o,..,.,+;,,,,,,i �:,-o r a �' �ni � �n� � � i . , . . . , ��.��-Q�.�,�z �-� �,--,-r��L i��n--�� i��o,..,,,�;�..,,i ❑„oi �.,� r�ao� �9Z 3 m4�—� T.,�o..,.,,+:,,..,,t �no,.�..,�;,..,i r�ae� i n�� ror i� T��o,.,,,,�;,,r„i ni,,,-..i.:r,� r„ao� �ni Z cnc i �n� � �m � � 1111V111U Z:[7'r�'��'T� '�� m�rs i..�o,-.,��:..,,.,1 Do�;.70.��;.,t !''�,.ao� z`ttt� ii�c--iz i,iiviiiuiiv�'"� �" '� r"'�� Zn7y-��n� � National Fire Protection Association 1 Batterymarch Park NFPA Quincy, MA 02269 Standard Referenced reference in code number Title section number 25-11 Inspection, Testing and Maintenance of 704.1.1 Water-Based Fire Protection Systems 70-11 National Electrical Code 102.4, 201.3, 604.2 Appendix A Boarding Standard A101 GENERAL A1011 General. All windows and doors shall be boarded in an approved manner to prevent entry by unauthorized persons and shall be painted to correspond to the color of the existing structure. GZ�� D� ��'"''� �� , ��„ �� CityAdministration/Council 763 593 3989/763-593-8109(fax) Executive Summary Golden Valley Council/Manager Meeting June 9, 2015 Agenda Item 5. Peddlers/Solicitors Licensing Process Prepared By Chantell Knauss, Assistant City Manager Summary At the June 2 meeting, Council requested staff to research what other cities do to license peddlers and solicitors. Staff contacted the cities of Bloomington, Edina and St. Louis Park. Below is a summary of the processes those cities use: Bloomington Edina St. Louis Park License Fee $31/applicant $30/applicant $150/applicant Valid 6 months from 14 consecutive calendar 1 year from date of issue date of issue days from date of issue Processing Time 5 business days 5 business days 14 calendar days Photo ID Issued Yes Yes Yes No Soliciting cannot solicit If posted cannot solicit If posted cannot solicit If posted Background Check Yes Yes Yes Council should direct staff as to whether or not they would like changes to the City Code Section 6.43 brought forward for Council action. Attachments • City Code Section 6.43: Peddlers and Solicitors (4 pages) § 6.43 Section 6.43: Peddlers and Solicitors Subdivision 1. Definitions For the purpose of this Section, the following terms have the meanings stated: A. Peddler: means any person who goes from place to place, or house to house in the City selling or taking orders for concurrent delivery of goods or for services to be performed, or for the making, manufacturing or repairing of any article or thing whatsoever for delivery. The term does not include a person engaged in the activity of selling or taking orders by telephone or mail which includes a subsequent delivery or contact to a place or house upon the express invitation of the owner or possessor of the place or house. The term does not include a person engaged in the activity of selling or taking of orders on behalf of an organization when the selling or taking orders is conducted exclusively with regard to members of one specific organization, nor does the term include any person who sells the produce from any farm or garden cultivated by said person. B. Peddling: means the act of being a peddler. C. Solicitor: means any peddling where the order for services or goods is for future delivery or for the acceptance, demand, or receipt of payment or deposit of money; including the solicitation of money or funds. D. Soliciting: means the act of being a solicitor. E. Organization: means any group, body, association, organization, company, corporation or society, however organized. Source: City Code Effective Date: 6-30-88 Subdivision 2. License Required It is unlawful for any person to engage in the business of peddler or solicitor without a license therefore from the City. All solicitors dealing with merchandise of any kind to be delivered to customers directly from points outside the State of Minnesota shall be exempt from payment of the license fee. All peddlers and solicitors dealing solely in literature of any kind shall be exempt from payment of the license fee. Source: Ordinance No. 48, 2nd Series Effective Date: 11-22-90 Subdivision 3. License Application A. If the peddler or solicitor is so engaged on such peddler or solicitor's own behalf, the application shall include the name, home address, telephone number and date of birth of the applicant; if the applicant is working for a Golden Valley City Code Page 1 of 4 § 6.43 business, the name of the business, its address and legal structure; all applications shall include a detailed description of the goods or services for sale or for which such applicant is taking orders including the prices therefor; and, if the applicant is soliciting funds for a cause, such applicant shall give a sworn statement setting forth a description of the cause, its purposes, goals, the location to which and persons to whom the funds will go. The application shall be submitted in person by the applicant or principal ofFicer(s) of the organization. The identity of the applicant/officer shall be verified by photo identification (valid State driver's license or State identification card). Information on the application may be verified by the City prior to granting a permit. B. If the peddler or solicitor is so engaged on behalf of an organization, the application shall include all the information required by Subparagraph A of this Subdivision, together with all the following information: ].. The organization's name, address and legal structure. 2. The names and addresses of the principal ofFicers and management of the organization. 3. Either the names and addresses of each person who will be peddling or soliciting on behalf of said organization in the City or, in the alternative, the name, address and telephone number or numbers where a responsible officer or other responsible person of said organization will maintain a list of names and addresses of all persons engaged in peddling or soliciting in the City. 4. If the organization is not a strictly commercial enterprise operated for a profit, the application shall include a statement sworn to by a responsible officer of the organization of: the purpose for which the funds raised are to be used; the plan for disposition of the funds; the names and addresses of the person or persons in direct charge of the peddling or soliciting; an outline of the methods to be used in conducting the peddling or soliciting; the timetable for the peddling or soliciting including the preferred beginning and ending dates; if funds previously have been raised in the City, a financial statement setting out the disposition of the funds raised in the immediately preceding year together with a written explanation of the financial statement, said funds to be those raised either � in the City or a larger area including the City, all within the State of Minnesota; and the percentage of funds raised which are applied directly to the purposes for which are raised compared to the percentage of the funds raised which is expended in the effort to raise said funds, and said fund to be those raised either in the City or a larger area including the City, all within the State of Minnesota. Golden Valley City Code Page 2 of 4 § 6.43 C. Any changes in the information given by an applicant, which occur while the license under which the person is peddling or soliciting is in force and efFect, shall be immediately reported in writing to the City Clerk. Subdivision 4. Revocation of License The Council may revoke any peddler's or solicitor's license only upon a showing of cause at a public hearing after the licensee has received timely notice thereof and has an opportunity to examine all witnesses in support of revocation of his or her license and the opportunity to present witnesses on his or her behalf. Notice may be given in the same manner as that prescribed for service of process under the Minnesota Rules of Civil Procedure For The District Courts. Subdivision 5. Wearing Badges and Carrying Licenses A. At all times while peddling or soliciting, every peddler or solicitor who has an individual license shall wear or carry a badge which is visible to all persons with whom the licensee comes in contact, which badge shall set forth the licensee's name and if such licensee works for or on behalf of a business or an organization, the name of the business or organization, and such licensee shall carry the license issued hereunder, or a certified copy thereof, and shall exhibit the license to any police officer, other City officer, or any other person whom such licensee is or would peddle or solicit when so requested. B. At all times every peddler or solicitor who is engaged in peddling or soliciting on behalf of an organization within the City shall wear or carry a badge which is visible to all persons with whom such peddler or solicitor comes in contact, which badge shall set forth such peddler or solicitor's name and the organization for whom such peddler or solicitor is engaged; provided, however, that a minor may wear or carry a badge which sets forth a number in place of said minor's name, which number either shall be assigned by the City after receiving a list containing the minor's name and address or, if the names and addresses have not been supplied the City, a responsible officer or other responsible person of said organization will assign numbers for each person engaged in peddling or soliciting in the City and keep a list of those assigned numbers along with the names and addresses of all said persons so engaged so that it is available to the City upon short notice. Subdivision 6. Sales Slips, Receipts and Disclosure Every peddler or solicitor who sells to, takes an order from or receives any funds or property from any person shall leave with that person a sales slip, receipt or other document containing the following information: A. The name and address of the peddler or solicitor together with a statement to the effect that the City by licensing the peddler, solicitor or organization does not endorse or make any affirmative or negative statement regarding the cause which such licensee may espouse or be acting on behalf of; provided, however, that a minor may substitute the number assigned under Subdivision 5, Subparagraph B. for the name and address of said minor. Golden Valley City Code Page 3 of 4 § 6.43 B. The name and address of the business or organization, if any, on whose behalf the peddler or solicitor is acting. C. If the transaction involves the sale of goods or services for future or concurrent delivery, a description of the goods or services, the agreed price therefor, the amount of all additional charges thereon, and the date for future delivery thereof. D. If the peddler or solicitor is engaged on behalf of an organization which is not a strictly commercial enterprise operated for profit, a description of the purposes for which the funds or property received will be used. Source: City Code Effective Date: 6-30-88 Golden Valley City Code Page 4 of 4 �-�� q� �� . - �..�� Ph sical Develo ment De artment � � ��. �� Y P P 763 593 8Q95/763-593-8109{fax) k , ��r _ti� ��.� r . a, . Executive Summary Golden Valley Council/Manager Meeting June 9, 2015 Agenda Item 6. Redevelopment of Winnetka/Highway 55 Intersection Prepared By Jason Zimmerman, Planning Manager Summary Council has directed staff to provide background information about the possibility of redevelopment occurring on the two southerly quadrants of the Winnetka Avenue/Highway 55 intersection. The City Attorney has researched the southwest quadrant and has discovered that certain restrictions are in place for this publicly-owned space as a result of past agreements. While modifications to these agreements are technically possible, it would require a lengthy process. In addition, street improvements to provide access to a development in this location would go beyond the improvements currently being implemented to improve traffic flow at the Winnetka/55 intersection. Regarding the southeast quadrant, between 2001 and 2003 a developer proposed two four-story apartment buildings (approximately 315 units) across seven parcels, one of which is owned by the City. As part of this proposal, the Council was asked to consider a re-designation for higher density housing. Ultimately, the Council chose not to re-designate the properties but to refer the entire Harold Avenue corridor to the Planning Commission for study as part of the Comprehensive Plan update. In 2008, the properties were re-designated to Medium-High Density Residential. In 2011, Staff recommended rezoning the parcels to R-3 to allow for senior housing and to be consistent with the recently updated Comprehensive Plan. In light of resident concerns about traffic and impact to neighborhood character, the Council did not rezone the properties and, in fact, re-designated them to Low Density Residential in the Comp Plan. A traffic study was done in 2011 of the Harold/Winnetka intersection and revisited in 2014 as part of an inquiry regarding a commercial use. At that time, it appeared that while higher density residential or commercial use would create significant traffic issues, a senior housing project would function within an acceptable traffic level. Staff continues to receive periodic inquires as to the possibility of redevelopment of the southeast quadrant of this intersection. Direction from the City Council as to the potential level of support for various uses (commercial, high density residential, medium density residential, senior housing) would help staff better respond to these inquiries when they arise. city of '� ��den 11 Cit Administration Council �� Y _y _ _ _ � 763 593 8003/763 593 8109(fax) .< .�.:<:��..�3;µ�,^�"",�+�`��'�A��"N�9k�'�,'!��'d�°�,ss+�� :�' :;`=:'. : . �-': '..�3��'��'ia�"��'a��.��:�s��P,��. ,� ': " �t Executive Summary Golden Valley Council/Manager Meeting June 9, 2015 Agenda Item 7. Planning Commission attend GTS Training Prepared By Thomas Burt, City Manager Summary Council Member Fonnest requested this item be placed on the agenda. city of o r�en 1� Cit Administration Council ��. �'� y / 763-593-8003/763-593-8109(fax) 'c,: .. .i": .: .&ih'9N��.��'.k��.v...,..t;�s S 3T...-.3�'.:��HIINttN@t:�ti�k",�Fti.11Fd"'�.� i.»�s. .t.i�* fi.>y.' `t . .a�:ri�"! . r. ...r�t.,f ....:2;�m�9'�AA��fi�ii�iff4Y�?".("ci'twie�,:«:_3�k�'�WI'i,.. ��Je'��4.��='�:r!'+�9,t�„ ,.'s;�s��i�-� Executive Summary Golden Valley Council/Manager Meeting June 9, 2015 Agenda Item 8. Recognition of Diversity Prepared By Thomas Burt, City Manager Summary Council Member Fonnest requested this item be placed on the agenda. Cl�y' ()� ��;�,V ,w. � �� Cit Administration Council Vd. ��T -y - - - � 763 593 8003/763 593 8109(fax) . -_ ,. .��,��,��,��;��.-��;.... :.��-,a.��Fi�:��.<:: ,.,.��....,.�.��a��:-�� ,:��.��,�.�o Executive Summary Golden Valley Council/Manager Meeting June 9, 2015 Agenda Item 9. Nice Ride Minnesota Prepared By Thomas Burt, City Manager Summary Mayor Harris and Council Member Schmidgall requested this item be placed on the agenda. Cl�"� U� '`�� l�V+�, � City Administration/Council 763 593 8003/763 S93 8109(fax) =� : . ` '. ..�,.... . _ :_: ,�� ,��,. . ..._. � �ak..�.�;�s. ��=�:�� : .�r��7�:� Executive Summary Golden Valley Council/Manager Meeting June 9, 2015 Agenda Item 10. Living In The Valley Events (LIVE) Prepared l3y Thomas Burt, City Manager Summary Mayor Harris requested this item be placed on the agenda. �ztv U� ye 1 Cit Administration Council Va.. �� y / 763-593-8003/763-593-8109(fax) :� �a�,.Uz'.. e,��s��,�!�"�,��re;':. . .," : „ �'�"r;�«�?�.is _� .�...::.,.a�tw�a��wlb�+n��. , `€ . ,.w$;kui��64��v.p�?m,�; < � . ,� Executive Summary Golden Valley Council/Manager Meeting June 9, 2015 Agenda Item 11. Board/Commission Vacancies Prepared By Thomas Burt, City Manager Summary Staff will provide an updated list of board/commission vacancies and a list of applicants available to fill them. The list will be distributed at the Council/Manager meeting.