01-19-21 City Council Agenda
REGULAR MEETING AGENDA
This meeting will be held via Webex in accordance with the local emergency declaration made by
the City under Minn. Stat. § 12.37. The public may monitor this meeting by watching on Comcast
cable channel 16, by streaming on CCXmedia.org, or by calling 1-415-655-0001 and entering the
meeting code 177 679 4597. The public may participate in this meeting during public comment
sections, including the public forum beginning at 6:20 pm, by calling 763-593-8060. Additional
information about monitoring electronic meetings is available on the City website. For technical
assistance, please contact the City at 763-593-8007 or webexsupport@goldenvalleymn.gov. If
you incur costs to call into the meeting, you may submit the costs to the City for reimbursement
consideration.
1. Call to Order
A. Pledge of Allegiance Pages
B. Roll Call
2. Additions and Corrections to Agenda
3. Consent Agenda
Approval of Consent Agenda - All items listed under this heading are considered to be routine
by the City Council and will be enacted by one motion. There will be no discussion of these
items unless a Council Member so requests in which event the item will be removed from the
general order of business and considered in its normal sequence on the agenda.
A. Approval of City Check Register 3
B. Boards, Commissions, and Task Forces:
1. Approve 2021 Council Assignments to the Business Advisory Committee and the
Community Advisory Committee
4
2. Approve Resolution #21-05 Appointing Commissioner and Alternate Commissioner
to the Bassett Creek Watershed Commission
5-6
C. Approval of Bids, Quotes and Contracts:
1. Approve Purchase of Mower 7-9
2. Approve Purchase of Lift Station Control Panel 10-13
D. Receive and File November Financial Reports 14-27
E. Consider Adoption of Building Inspections Administrative Policies 28-33
January 19, 2021 – 6:30 pm
City of Golden Valley City Council Regular Meeting
January 19, 2021 – 6:30 pm
2
4.Public Hearing
A.First Consideration of Ordinance #703 – Modifications to City Code Chapter 103 –
Buildings and Building Regulations
34-60
5.Old Business
6.New Business
A.Review of Council Calendar
B.Mayor and Council Communications
1.Other Committee/Meeting updates
7.Adjournment
61
Golden Valley City Council Meeting
January 19, 2021
Agenda Item
3. A. Approval of City Check Register
Prepared By
Sue Virnig, Finance Director
Summary
Approval of the check register for various vendor claims against the City of Golden Valley.
Financial Or Budget Considerations
The check register has a general ledger code as to where the claim is charged. At the end of the
register is a total amount paid by fund.
Recommended Action
Motion to authorize the payment of the bills as submitted.
Supporting Documents
Document is located on city website at the following location:
http://weblink.ci.golden-valley.mn.us/WebLink/Browse.aspx?id=832914&dbid=0&repo=GoldenValley
The check register for approval:
• 01-08-21 Check Register
Golden Valley City Council Meeting
January 19, 2021
Agenda Item
3. B. 1. Approve the 2021 Council Assignments to the Business Advisory Committee and the
Community Advisory Committee
Prepared By
Tomás Romano, Assistant to the City Manager’s Office
Summary
The Business Advisory Committee and the Community Advisory Committee have openings in 2021. The
City Council conducted interviews with individuals who have applied to serve on both committees.
Listed below are two candidates who are interested in serving on the BAC and CAC.
Financial Or Budget Considerations
Not applicable
Recommended Action
Motion to appoint the following Business Advisory Committee and the Community Advisory
Committee Candidates.
Jennifer Cutter | Business Advisory Committee
Scott Booher | Community Advisory Committee
Golden Valley City Council Meeting
January 19, 2021
Agenda Item
3. B. 2. Appointment of Commissioners to the Bassett Creek Watershed Management Commission
Prepared By
Tim Cruikshank, City Manager
Summary
In accordance with Minnesota State Statutes and the bylaws of the Bassett Creek Watershed
Management Commission, the City has advertised for the office of Commissioner and Alternate
Commissioner on the Bassett Creek Watershed Management Commission. Appointments to the
Bassett Creek Water shed Management Commission are required to be made by resolution by the City
Council. The City has heard from both Commissioners expressing interest in re-appointment. No other
applications were received.
Recommended Action
Motion to adopt Resolution #21-05 appointing Stacy Harwell as Commissioner and Jane McDonald
Black as Alternate Commissioner to the Bassett Creek Watershed Management Commission for a three
year term commencing on February 1, 2021.
Attachments
• Resolution #21-05 Appointing Stacy Harwell as Commissioner and Jane McDonald Black as
Alternate Commissioner to the Bassett Creek Watershed Management Commission (1 page)
Resolution #21-05 January 19, 2021
RESOLUTION APPOINTING STACY HARWELL AS COMMISSIONER
AND JANE MCDONALD BLACK AS ALTERNATE COMMISSIONER
TO THE BASSETT CREEK WATERSHED MANAGEMENT COMMISSION
WHEREAS, the City of Golden Valley is a member of the Bassett Creek Watershed
Management Commission; and
WHEREAS, the Bassett Creek Watershed Management Commission has been
organized under State of Minnesota Statutes to manage the storm waters of cities whose
boundaries fall within the water management area; and
WHEREAS, the City of Golden Valley has adopted a Joint Powers Agreement
joining the Bassett Creek Watershed Management Commission; and
WHEREAS, the City has advertised for Commissioner and Alternate Commissioner
in accordance with M.S. 103B.227.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Golden
Valley appoints Stacy Harwell as its Commissioner, and Jane McDonald Black as its
Alternate Commissioner, to the Bassett Creek Watershed Management Commission for a
term ending January 31, 2024.
Adopted by the City Council of Golden Valley, Minnesota this 19th day of January 2021.
_____________________________
Shepard M. Harris, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
Golden Valley City Council Meeting
January 19, 2021
Agenda Item
3. C. 1. Approve Purchase of a Mower
Prepared By
Tim Kieffer, Public Works Director
Marshall Beugen, Street and Vehicle Maintenance Supervisor
Summary
Unit 484, a 2013 16-foot hydrostatic mower has reached its useful life cycle and is scheduled to be
replaced. Staff evaluates vehicles and equipment on an annual basis to determine replacement
programing. The existing mower meets replacement criteria set forth in the City’s Vehicle
Replacement Policy and Vehicle Condition Index (VCI). The VCI is a tool utilized to assess all vehicles
and equipment scheduled for replacement and any vehicle/equipment scoring 28 points or higher
meets the category of “needs immediate consideration”. The mower due for replacement scored 35
points.
Staff utilizes this equipment for mowing large open green areas, such as, parks and sport fields.
Financial Or Budget Considerations
The 2021 Vehicle and Equipment Capital Improvement Program (CIP) includes $110,000 for the
purchase of a mower (V&E-030).
Staff recommends purchasing the equipment from the state contract through the State of Minnesota’s
cooperative purchasing venture (CPV). The Minnesota Materials Management Division has awarded
the following contract through the CPV:
Contract No. Item Vendor Amount
178432 2021 Toro Groundsmaster 5910 MTI Distributing, Inc. $115,452.92
Total Purchase Price $115,452.92
The purchase price is more than the amount budgeted in the CIP. Additional funding will come from
previous purchases being below budgeted amounts.
City Council Regular Meeting Executive Summary
City of Golden Valley
January 19, 2021
2
Under Minnesota Statutes Section 471.345, the City may dispose of retired equipment by trading it in.
MTI Distributing offered $11,000 trade-in value on unit 484. However, Golf Maintenance is willing to
pay the $11,000 trade-in value to purchase the mower, instead of trading it in.
Recommended Action
Motion to approve purchase of a 2021 Toro Groundsmaster 5910 mower from MTI Distributing, Inc. in
the amount of $115,452.92.
Motion to sell unit 484 to Golf Maintenance in the amount of $11,000.
Supporting Documents
• MTI Distributing, Inc. Quote (1 page)
MTI Distributing
Equipment Proposal
December 3, 2020
Marshall Beugen Expiration Date:1/2/2021
City of Golden Valley
Qty Model
Number Description MSRP State Contract
Price
1 31699 Groundsmaster 5910 (T4)$144,439.00 $112,951.30
1 31604 Leaf Mulching Kit $2,606.00 $2,037.89
1 30706 North American Road Light Kit $593.00 $463.73
Equipment Total $115,452.92
7.525% Sales/Use Tax Exempt
Total $115,452.92
Quote is valid for 30 days
New Toro commercial equipment comes with a two-year manufacturer warranty
Equipment delivery at no additional charge
All commercial products purchased by a credit card will be subject to a 2.5% service fee.
Thank you for the opportunity to submit this quote. If you have any questions, please do not hesitate in contacting us.
Larry Gorman Karen Wangensteen
Outside Sales Representative Inside Sales Representative
612-877-0830 763-592-5643
MTI Distributing, Inc. • 4830 Azelia Avenue N. #100 • Brooklyn Center, MN 55429
MINNESOTA STATE CONTRACT PRICING - CONTRACT #178432
TOTALS
Minnesota State Contract #178432 will expire on January 31, 2021
Golden Valley City Council Meeting
January 19, 2021
Agenda Item
3. C. 2. Approve Purchase of a Lift Station Control Panel
Prepared By
Tim Kieffer, Public Works Director
Joe Hansen, Utility Maintenance Supervisor
Summary
The Woodstock Lift Station control panel, which is 38 years old, has reached its useful life cycle and
needs to be replaced. Staff performs annual inspections and identified the Woodstock Lift Station
control panel needing immediate replacement. Moisture is affecting electrical parts within the panel
causing failures and increased repairs.
The control panel is a critical component to the City’s wastewater conveyance system. The panel is
responsible for measuring flows, turning pumps on and off, and sending alarms to staff.
Staff solicited quotes to replace the control panel. The results are as follow:
Electric Pump $24,752
Minnesota Pump Works $19,890
Financial Or Budget Considerations
The 2021 Sewer Maintenance operating budget (7122.6340) includes $10,000 for lift station repairs.
Additional funding will come from reduced work in the line item to stay within budget.
Recommended Action
Motion to approve purchase of a USEMCO Duplex Lift Station Control Panel from Minnesota Pump
Works in the amount of $19,890.
Supporting Documents
• Electric Pump Quote (1 page)
• Minnesota Pump Works Quote (1 page)
1
TO: City of Golden Valley
Matthew Jefferson / 763-286-8890 / mjefferson@goldenvalleymn.gov
REF: Duplex Control Panel - Woodstock Sanitary Lift Station
DATE: December 8, 2020
Duplex Control Panel for 230V / Single Phase Pumps
One (1) Duplex control panel housed in a NEAM 4X 304SS enclosure rated for
120V/240V, single phase, 3-wire service incoming power to operate two 5hp
Flygt pumps. Control panel shall include the following:
NEMA 4X 304SS enclosure with pad-lockable handle
304SS 12” legs and vented skirt
Aluminum inner doors
Main & Emergency circuit breakers
Generator receptacle (Crouse Hinds 100A model AR1031-S22)
Power distribution blocks as required
Neutral & ground lugs as required
SDSA series TVSS, UL1449 listed
HDL series pump circuit breakers
NEMA rated starters with solid state overloads
Flygt single phase start kit
Line powered control & accessory circuit breakers
400W fan forced heater with thermostat
15A GFCI receptacle
LED service light with door operated switch
Power Supply with battery backup
Color touchscreen duplex pump controller with 12.1” operator interface
Flygt mini-cas pump monitoring devices
22mm LED pilot lights and non-illuminated switches
Hand-Off-Auto switch for each pump
Run light for each pump
Fused Isolation transformer for UL698A compliance
Float backup enable/disable switch
Intrinsically safe barrier for transducer
Intrinsically safe barrier for back floats
Top Mounted red lexan flashing alarm light
Dry contacts (run, fail, seal fail, high temp, high level, 4-20mA level)
16” x 16” space for future SCADA
UL698A listed
One (1) Submersible level transducer
Two (2) Floats for redundant backup
One (1) Lot of freight and startup services for the control panel
Total Selling Price: $24,752.00 plus tax
201 4th Ave SW
New Prague, MN 56071
Office: 952-758-6600
Toll Free: 800-536-5394
Fax: 952-758-7778
4280 E. 14th St.
Des Moines, IA 50313
Office: 515-265-2222
Toll Free: 800-383-7867
Fax: 515-265-8079
2
Note the following:
Installation is to be provided by the City of Golden Valley
The city will need to confirm specific generator receptacle required for
compatibility with generator and utility power.
Startup & commissioning will be done by Electric Pump and is included in this
proposal
Anything that’s not specifically mentioned in this proposal is the responsibility
of others.
Thank you for your consideration,
Steven Forsythe
C: (612) 840-9499
E: stevenf@electricpump.com
cc: Adam Thoreson (952) 758-6600
Minnesota Pump Works
1 Cannon Street W
Dundas, MN 55019
Pricing valid for 30 days and does not include freight charges or applicable taxes.
$19,890.00Total
$19,890.00Subtotal
Quote for (1) USEMCO Duplex Control Panel for Woodstock LS.
1 Year Factory Warranty
Licensed Electrician Provided by Others
Ship ToGolden Valley MN, City of
7800 Golden Valley Rd
Golden Valley, MN 55427-4508
Bill To
Expiration Date
Chad Kubasch
02/01/2021
Golden Valley MN, City of
7800 Golden Valley Rd
Golden Valley, MN 55427
Sales Rep
NET 30Terms
00009119Quote Number
1/11/2021Created Date
info@minnesotapumpworks.comEmail
877-645-8004Phone
Bailey MuellerPrepared By
Product
Code Product Comment Quantity Rate Total
2002102
GOLDEN
VALLEY,
MN
USEMCO
DUPLEX PANEL -
QUOTE 2002102
GOLDEN VALLEY,
MN
DUPLEX NEMA 4X #304 STAINLESS STEEL FLOOR MOUNT
CONTROL PANEL TO OPERATE (2) 5HP PUMPS ON 240-VOLT
1-PHASE 3-WIRE SERVICE. GEN REC TO MATCH OTHER STATION.
SENTRY CONTROLLER. PRESSURE TRNASDUCER. REUSE
EXISTING START KITS
1.00 $17,785.00 $17,785.00
ON-SITE
SERVICE LABOR
- STD - N
START-UP ASSISTANCE - Component Programming 6.00 $110.00 $660.00
SERVICE DRIVE
TIME - STD - N 2.00 $110.00 $220.00
SERVICE TRUCK
MILEAGE - STD -
N
100.00 $1.25 $125.00
FREIGHT
IN /OUT
SHIPPING &
HANDLING 1.00 $1,100.00 $1,100.00
Golden Valley City Manager Meeting
January 19, 2021
Agenda Item
3. D. November 2020 Financial Reports
Prepared By
Sue Virnig, Finance Director
Summary
The monthly financial report provides a progress report of the following funds:
• General Fund Operations
• Conservation/Recycling Fund (Enterprise Fund)
• Water and Sewer Utility Fund (Enterprise Fund)
• Brookview Golf Course (Enterprise Fund)
• Motor Vehicle Licensing (Enterprise Fund)
• Storm Utility Fund (Enterprise Fund)
• Equipment Replacement Fund (Capital Projects Fund)
• Brookview Center (Special Revenue Fund)
• Human Services Commission (Special Revenue Fund)
• Building Improvement Fund (Capital Projects Fund)
• Park Improvement Fund (Capital Projects Fund)
Financial Or Budget Considerations
As of November 2020, the City of Golden Valley General Fund has used $4,688,764 of fund balance to
balance the General Fund Budget. At the same time last year, use of fund balance was at $4,243,658.
This report has added in the CARES grant monies and potential FEMA monies.
Recommended Action
Action is to receive and file.
Supporting Documents
• November 2020 General Fund (2 pages)
• November 2020 Conservation/Recycling Fund (1 page)
• November 2020 Water and Sewer Utility Fund (1 page)
• November 2020 Brookview Golf Course (1 page)
• November 2020 Motor Vehicle Licensing (1 page)
• November 2020 Storm Utility Fund (1 page)
Council Manager Meeting Executive Summary
City of Golden Valley
January 19, 2021
2
• November 2020 Equipment Replacement Fund (1 page)
• November 2020 Brookview Center Fund (1 page)
• November 2020 Human Services Commission (1 page)
• November 2020 Building Improvement Fund (1 page)
• November 2020 Park Improvement Fund (1 page)
Golden Valley City Council Meeting
January 19, 2021
Agenda Item
3. E. Consider Adoption of Building Inspections Administrative Policies
Prepared By
Dan L. Anderson, Building Official
Marc Nevinski, Physical Development Director
Summary
The Building Inspections Division has developed the attached administrative policies to guide its
administration of the State Building Code and local ordinances. The policies contain the five following
sections summarized below:
1. Occupancy Permits
This section outlines the conditions required to issue various types of occupancy permits. It
also states that Golden Valley will not issue temporary occupancy permits. While many cities
2. Fee Refunds
This section provides guidance to refund permit and plan review fees. While this is not a
frequent occurrence, requests are periodically made.
3. Expired Permits
Unfortunately, a proportion of permits issued are never closed or “finaled”. The State Building
Code is clear, and a statement is included on all of the City’s building permits that it is the
responsibility of the permit holder to schedule inspections. Under the State Building Code,
permits expire if work is suspended or abandoned for more than 180 days. While it possible to
simply consider such permits “expired”, doing so creates an incomplete permit history, causing
confusion about the status of a permit and the work performed.
This is not a problem unique to Golden Valley, and staff believes a more proactive approach is
appropriate to maintain an accurate and complete permit record. Staff has contacted other
cities in the metro area to discuss how they handle such permits. While approaches vary,
generally some notification is sent to the permit holder to schedule an inspection before a
permit is marked as “expired”.
City Council Regular Meeting Executive Summary
City of Golden Valley
January 19, 2021
2
The attached policies outline the steps the City will take to address such permits. The process
includes running monthly reports, contacting permit holders, and marking as “expired” permits
for which no inspection is scheduled.
Additionally, the policies state that the Building Official will “expire” any open permits issued
prior to July 1, 2019. The aforementioned process will be applied to any permits issued after
this date.
4. Code Compliance Certification Requests
State agencies periodically request certification from the City that the space a business licensed
by the State wishes to occupy is suitable. Examples include child care facilities and counseling
offices. Such requests tend to lack the necessary information for the Building Official to provide
a certification that a space is in fact suitable. This section outlines the process and required
information in order for the Building Official to do so.
In researching this matter, staff has learned that not all cities accommodate such requests for
certification. While currently staff believes responding to such requests is appropriate and
useful, the policy allows the City Manager to discontinue the practice if it is determined doing
so is no longer in the best interest of the City.
5. Violations and Enforcement
This section outlines the steps staff will take to achieve building code compliance. Where
correction orders are issued, corrections should be made within 30 days. Where work without a
permit or without completing a required inspection occurs, the policy sets forth the steps and
actions the Building Official may take to achieve building code compliance.
Financial Or Budget Considerations
Not applicable
Recommended Action
Motion to adopt Building Inspections Administrative Policies.
Supporting Documents
• Building Inspections Administrative Policies
PHYSICAL DEVELOPMENT DEPARTMENT
BUILDING INSPECTIONS DIVISION POLICIES
CITY OF GOLDEN VALLEY
Approved January 19, 2021
1. OCCUPANCY CERTIFICATES
Occupancy certificates define a point in the process of constructing a structure where work has
progressed to a degree that a building may be safely occupied for its intended use. Occupancy
certificates include Certificates of Occupancy, Temporary Certificates of Occupancy, and Partial
Occupancy Approvals. The issuance of occupancy certificates is a significant milestone in a
construction project and declares that a building has met the requirements of the State building
code and local ordinances. Therefore, the City of Golden Valley has established the following
policies for the issuance of occupancy certificates.
a. Certificates of Occupancy
i. The City will issue a Certificate of Occupancy for a newly constructed building or
a remodel resulting in a Change of Occupancy in accordance with Minn. R. 1300
and Minn. Stat., Ch. 326B, as amended.
ii. All life safety measures and requirements must be completed to the satisfaction
of the Building Official.
iii. All ancillary permits subject to the building code must be closed out (finaled)
before a Certificate of Occupancy is issued. Such permits include, but are not
limited to, building permits, plumbing permits, mechanical permits, electrical
permits, and permits for private or public utilities.
iv. Site permits, including but not limited to Stormwater, Right of Way, and Tree &
Landscaping permits, will not prohibit the issuance of a Certificate of
Occupancy, unless doing so will result in a hazard to the health, safety or
welfare of the public, or otherwise conflict with State building code or local
ordinances.
b. Temporary Certificates of Occupancy
i. The City will not issue Temporary Certificates of Occupancy. Experience has
demonstrated that when such certificates are issued, permit holders too
frequently fail to make corrections, close out associated permits, or provide
final documentation of work. Minn. R. 1300.0220, Subp. 6 authorizes the
Building Official to issue a Temporary Certificate of Occupancy, but does not
require the Building Official to do so.
c. Partial Occupancy Approval
i. The City may issue a Partial Occupancy Approval (POA):
1. where the scale, scope, or phasing of a project necessitates issuance of
a POA; and
2. where access is physically prohibited to areas or sections of the building
not approved for occupancy or use; and
3. when all life safety measures and requirements have been satisfied,
including but not limited to fire code, building code, accessibility code,
and relevant site improvements for the portion of the building or space
subject to the POA; and
4. where a written plan prepared by the permit holder for the partial
occupancy of the building or space has been approved by the Building
Official.
ii. The Building Official shall have the sole discretion to issue a POA.
1. The Building Official may place other terms, restrictions, requirements
or other conditions on a POA.
2. The Building Official may be rescind, revoke or suspend a POA if the
terms, restrictions, requirements or other conditions are violated.
d. Furnishing and Other Finish Work
i. The Building Official may allow an owner or occupant to move furnishings into a
building prior to the issuance of an Occupancy Certificate when all of the
following conditions are met:
1. The building is not available to occupants or users other than
contractors or those performing construction related work at the
project site.
2. The building meets all life safety requirements of the building and fire
code.
3. The Building Official has provided the permit holder with a letter
authorizing the furnishing of the building. The Building Official may
impose such terms, limitations, restrictions or other conditions deemed
appropriate and necessary.
For the purposes of this policy, furnishings are defined as furniture,
decorations, equipment, fixtures, or other personal property
2. PERMIT FEE AND PLAN REVIEW FEE REFUNDS
Occasionally the City receives requests to refund permit and plan review fees. Requests may
result from changes in a project’s scope, errors in the permit application, or abandonment of a
project. The City will consider permit and plan review fee refunds as follows:
a. 80% of the permit fee may be refunded when:
i. The request for a refund is made within 180 days of the issuance of the permit.
ii. No work has occurred under the permit.
b. Plan review fees are not refundable once plan review has commenced.
c. Surcharges or other fees associated with the payment or issuance of a permit or plan
review are not refundable.
d. In situations where a clear error in the issuance of permit or charge of a fee is
demonstrated, the Building Official may issue a refund of up to 100% of the fee. The
Building Official will consider the totality of the circumstances, including the amount of
staff time and City resources expended on the permit when determining the refund
amount.
3. DISPOSITION OF EXPIRED PERMITS
Per Minnesota Rules 1300.0120 Subp. 10 and Subp. 11, permits expire unless the work
authorized by the permit commences within 180 days following issuance. Additionally, permits
expire if the work authorized by the permit is suspended or abandoned for more than 180 days.
Minnesota Rules 1300.0210 Subp. 4 states that the person doing the work authorized by the
permit must notify the building official when the work is ready for inspection. For the purposes
of this policy, 180 days commences from the date of the permit issuance or the date of the last
inspection. The building official shall grant, in writing, extensions of time, for periods not more
than 180 days each if the permit holder demonstrates justifiable cause for the extension.
The City of Golden Valley has adopted the following procedures to address expired building
permits:
a. Each month, the Building Official will run reports of permits which expired in the prior
month.
b. The Building Official will send letters to holders of expired permits to advise them of the
status of the expired permit(s) and request that the schedule an inspection be within 30
days of the date of the letter.
c. Permits for which no inspection is scheduled within 30 days of the date of the letter will
be marked Expired in PIMS. Expired permits will not be re-instated and no inspections
will be completed on permits which have been marked Expired.
Upon approval of this policy by the City Council, the Building Official will review and mark as
Expired any open permits issued prior to July 1, 2019, unless it is determined by the Building
Official the work has not been suspended or abandoned.
4. CODE COMPLIANCE CERRTIFICATION REQUESTS FROM OTHER AGENCIES
Occasionally other governmental agencies will request that the Building Official certify that a
building or leased space meets State Building Code requirements for a proposed occupancy or
use. As an example, the State Department of Health may ask for such a certification in regard to
a day care license application. The following requirements shall apply to such requests:
a. The Building Official may request information from the owner or proposed occupant in
detail sufficient to understand the proposed use, occupancy, and layout of the building
or leased space.
b. Where a change-in-use (e.g. retail sales to day care) occurs, the Building Official will
require the completion of a code analysis of the building or leased space by a licensed
architect or design professional.
c. The owner or occupant shall provide the Building Official a Sewer Access Charge
determination letter from the Metropolitan Council Environmental Services division.
d. The Building Official shall require improvements to be made to the building or leased
space as appropriate to achieve compliance with the building code and related codes.
Examples of such improvements include the installation of a fire suppression system or
accessibility improvements.
Unless otherwise obligated by law, if in the opinion of the City Manager it is no longer in the
best interest of the City to continue to complete such certification requests, the Building Official
will cease completing such requests.
5.VIOLATIONS AND ENFORCEMENT OF BUILDING CODES
It is the objective of the City of Golden Valley’s Building Inspections division to facilitate the
achievement of compliance with the State Building Code and local ordinances. Where
construction related activity, as described in Minnesota Rules 1300.0140, is found to violate the
building code or local ordinances, the Building Official may issue orders and provide subsequent
directives to achieve code compliance.
a.Where an inspector finds work authorized by a permit does not meet the standards set
forth in the building code or local ordinance, the inspector may issue correction orders.
i.Corrections to the work shall be made and re-inspected within 30 days of the
correction order.
ii.The Building Official may extend a correction period an additional 30 days if
justifiable cause is demonstrated.
b.Where work has been completed without a permit or a required inspection, the Building
Official may:
i.Require plans and other records be submitted to document the work.
ii.Require the work to be exposed for inspection.
iii.Require an analysis and report by a qualified design professional certifying the
code compliance of the work.
iv.Where no life safety issues exist, note in the permit record that the work could
not be observed and mark the work as Not-Approved.
v.Apply or implement other measures to achieve code compliance or create an
accurate permit record.
c.If violations of the building code or local ordinances persist following the issuance of
orders, the Building Official may:
i.Seek enforcement of building code under Minnesota Statutes 326B.082 or
Minnesota Rules 1300.
ii.Use any and all enforcement provisions provided by law, including City Code Chapter 1
Section 8 General Penalty; Continuing Violations, and Section 1-9 Administrative
Citations.
Golden Valley City Council Meeting
January 19, 2021
Agenda Item
4. A. First Consideration of Ordinance No. 703 Amending Chapter 103 - Buildings and Building Regulations
Prepared By
Dan L. Anderson, Building Official
Marc Nevinski, Physical Development Director
Summary
City Code Chapter 103 establishes the adoption by reference of the State Building Code for enforcement by
the City, and also sets forth local building related standards. Following a recent review of Chapter 103, the
Building Official is recommending a number of modifications to update the code, clarify authority, and add
tools to address property and construction related concerns. The significant modifications and additions
are summarized as follows:
103-1 Building Code Adopted
Section 103-1(d) is added to clearly authorize the building official to withhold the issuance of a building
permit or a certificate of occupancy if other development authorizations are outstanding. In general,
the city should not release a building permit if site permits (stormwater, ROW, Tree & Landscaping) or
other regulatory permits from the MPCA or watershed have not been approved or work is incomplete.
103-4 Permits and Special Requirements for Moving Buildings
This section established a process and requirements for moving buildings into the City. While moving
buildings is uncommon, doing so can result in affordability, historic preservation, and sustainable reuse.
Two sub-sections of Chapter 103-4 create barriers to moving buildings in the City and are proposed to
be stricken. First, Section 103-4(f) restricts moving a building into or within the City based on the bulk,
architectural style, and quality of the building. Additionally, the building cannot be 10 years older or
newer than the buildings on surrounding properties. Because any building moved into or within the
City will need to meet current building code and other local requirements, and because such
restrictions are not placed on a newly constructed building on a redeveloped property, it is staff’s
opinion the restrictions of this sub-section are not appropriate. State Building Code requires that
buildings which are relocated meet current code requirements.
Secondly, Section 104-4(g) requires a hearing at the Building Board of Review before a building can be
moved into or within the City. However, the Building Board of Review no longer exists, making such a
review impossible. Staff believes it is not appropriate to subject a relocated building to different
entitlement standards than one being constructed or assembled on site. Building code and other site
development standards must still be met when a building is relocated.
City Council Regular Meeting Executive Summary
City of Golden Valley
January 19, 2021
2
103-7 – Swimming Pool Construction and Demolition
This section has been reviewed by the City’s building inspectors, who recommend a number of
modifications to clarify and enhance permit application information, as well as construction and safety
requirements.
103-10 Completion of Exterior Work
Occasionally an exterior facing project will start and then stall for a significant period of time. These
projects become eyesores and result in neighborhood complaints. Additionally, building materials not
designed for long-term exposure to the elements can impact the integrity of the components and result
in problems for the current or future owner.
In the past few years several homes in Golden Valley have failed to complete exterior work within a
reasonable period of time. Reasons may include a lack of funding, conflicts with contractors, or simply
the pace a property owner is working at. The State Building Code states a permit expires if work has
been abandoned or suspended for more than 180 days (generally determined by the last inspection or
permit issue date), but this doesn’t provide staff with a tool to help address the unfinished work.
Minnesota Statutes 326B.121. allow cities to adopt ordinances establishing timeframes for the
completion of exterior work:
Subd. 1a. Municipal ordinance; completion of exterior work.
A municipality may by ordinance adopt an official control that requires exterior work
authorized by a building permit issued in accordance with the State Building Code, to be
completed within a specified number of days following issuance of the building permit. The
local regulation may not require completion of exterior work earlier than 180 days following
the issuance of the permit.
The proposed ordinance establishes timeframes for the completion of different types of construction
(single-family, multi-family, commercial/industrial). It also allows the Building Official to grant an
extension of not more than 180 days or to vary from the timeframes established by the ordinance
based on factors identified in the ordinance. A number of cities, including Apple Valley and Coon
Rapids have adopted such ordinances. Violations can be addressed through a formal complaint process
or administrative citations. The Building Official is authorized to grant extensions.
Financial Or Budget Considerations
Not applicable
Recommended Action
Motion to adopt First Consideration of Ordinance No. 703 Amending Chapter 103 - Buildings and Building
Regulations
Motion to adopt Summary Ordinance No. 703 for Publication
Supporting Documents
• Proposed redline of City Code Chapter 103
• Ordinance No. 703 Amending Chapter 103 - Buildings and Building Regulations (6 pages)
• Summary Ordinance No. 703 for Publication
Chapter 103 - BUILDINGS AND BUILDING REGULATIONS[1]
State Law reference— Authority to regulate building construction, Minn. Stats. § 412.221,
subd. 28.
Sec. 103-1. - Building Code Adopted.
(a) Code Adopted By Reference. The Minnesota State Building Code, as adopted by the
Commissioner of Administration pursuant to Minn. Stats. ch. 326B, including all of the
amendments, rules and regulations established, adopted and published from time to time
by the State Commissioner of Labor and Industry is hereby adopted by reference with the
exception of the optional chapters, unless specifically adopted in this section. The
Minnesota State Building Code is hereby incorporated in this section as if fully set out
herein.
(b) Application, Administration and Enforcement. The application, administration, and
enforcement shall be in accordance with the Minnesota State Building Code. The Code
shall be enforced with the extraterritorial limits permitted by Minn. Stats. § 326B.121,
subd. 2(d) when so established by this section. The code enforcement agency of this
municipality is called the City of Golden Valley. This section shall be enforced by the City
Manager or his/her designee in accordance with Minn. Stats. § 326B.133, subd. 1.
(c) Building Code Optional Chapters. Minnesota State Building Code, Chapter 1300, allows the
City to adopt by reference and enforce certain optional chapters of the most current
edition of the Minnesota State Building Code. The following optional provisions identified
in the most current edition of the State Building Code are hereby adopted and
incorporated as part of the building code for the City.
A. 1306 Special Fire Protection Systems to include Subpart 2
(d) The Building Official is authorized to withhold the issuance of a building permit or
certificate of occupancy where additional construction or development authorizations, permits,
fees, agreements or other obligations associated with the work proposed under the building
permit are required by federal law, state statute, county ordinance, Metropolitan Council
ordinance, or city ordinance, but which remain outstanding.
(Code 1988, § 4.01; Ord. No. 580, 2nd Series, 10-15-2015)
Sec. 103-2. - Permit Fees.
Fees for permits under this chapter, which may include a surcharge, shall be determined by the
City Council and fixed in its Master Fee Schedule, a copy of which shall be in the office of the
City Clerk and on the city website, and uniformly enforced.
(Code 1988, § 4.02)
Sec. 103-3. - Permits Required.
It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove,
convert, or demolish any building or structure, or any part or portion thereof, including, but not
limited to, the plumbing, electrical, ventilating, heating or air conditioning systems therein, or
cause the same to be done, without first obtaining an appropriate permit from the Inspections
Department. If the application for a building permit indicates a necessity for installation, change
or removal of municipal utilities, the building permit shall not be issued until approved with the
Physical Development Department.
(Code 1988, § 4.03; Ord. No. 380, 2nd Series, 8-17-2007)
Sec. 103-4. - Permits and Special Requirements for Moving Buildings.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have
the meanings ascribed to them in this subsection, except where the context clearly
indicates a different meaning:
Combined Moving Permit: A permit to move a building on both a street and a highway.
Exterior Work: Work on all exterior parts of a building, including but not limited to: roofs,
doors, windows, siding, and stairs. Exterior work also includes work on other exterior
structures, including but not limited to: driveways, retaining walls, sheds, detached
garages, decks, and fences.
Highway: A public thoroughfare for vehicular traffic which is a State trunk highway, County
State-aid highway, or County road.
Highway Moving Permit: A permit to move a building on a highway for which a fee is
charged which does not include route approval, but does include regulation of activities
which do not involve the use of the highway; which activities include, but are not limited
to, repairs or alterations to a municipal utility required by reason of such movement.
Moving Permit: A document allowing the use of a street or highway for the purpose of
moving a building.
Street: A public thoroughfare for vehicular traffic which is not a State trunk highway,
County State-aid highway or County road.
Street Moving Permit: A permit to move a building on a street for which a fee is charged
which does include route approval, together with use of the street and activities, including,
but not limited to, repairs or alterations to a municipal utility required by reason of such
movement.
(b) Application. The application for a moving permit shall state the following:
(1) The dimensions, weight, and approximate loaded height of the structure or building
proposed to be moved
(2) The places from which and to which it is to be moved
(3) The route to be followed
(4) The dates and times of moving and parking
(5) The name and address of the mover; and
(6) The municipal utility and public property repairs or alterations that will be required by
reason of such movement.
(7) In the case of a street moving permit or combined moving permit, the application
shall also state the size and weight of the structure or building proposed to be moved
and the street alterations or repairs that will be required by reason of such movement.
All applications shall be referred to the Physical Development Department. No such permits
shall be issued until route approval has been obtained from such Department.
(c) Permit and Fee. The moving permit shall state date or dates of moving, hours, routing,
movement and parking. Permits shall be issued only for moving buildings by building
movers licensed by the State. Fees to be charged shall be separate for each of the
following:
(1) A moving permit fee to cover use of streets and route approval; and
(2) A fee equal to the anticipated amount required to compensate the City for any
municipal utility and public property (other than streets) repairs or alterations
occasioned by such movement.
All permit fees shall be paid in advance of issuance.
(d) Building Permit and Code Compliance. Before any building is moved from one location to
another within the City, or from a point of origin outside of the City to a destination within
the City, regardless of the route of movement, it shall be inspected and a building permit
shall have been issued for the work necessary to bring it into full compliance with the State
Building Code.
(e) Unlawful Acts.
(1) It is unlawful for any person to move a building on any street without a moving
permit from the City.
(2) It is unlawful for any person to move a building on any highway without a highway
moving permit from the City.
(3) It is unlawful to move any building (including a manufactured home) if the point of
origin or destination (or both) is within the City, and regardless of the route of
movement, without having paid in full all real and personal property taxes, special
assessments and municipal utility charges due on the premises of origin and filing
written proof of such payment with the City.
(f) Moving Buildings. No building permit shall be issued to move a building from outside of
the City onto a site within the City, or move a building from one location to another within
the City, unless the architectural design of the buildings in the area of the new site is
compatible with the building moved to such site. Comparative age, bulk, architectural style
and quality of construction of both the building moved and the buildings existing in the
area shall be considerations in determining whether a building is compatible. If the building
to be moved is more than 10 years older than the oldest building situated on the
properties surrounding the proposed new site, such fact shall be evidence that the building
to be moved is incompatible.
(g) Hearing. Moving any building from outside of the City to a site within the City, or from one
site to another within the City, shall require a hearing before the Building Board of Review.
(Code 1988, § 4.04; Ord. No. 179, 2nd Series, 6-11-1998)
Sec. 103-5. - House and Building Numbering.
(a) Assignment. It is the duty of the City Building Official to prepare and maintain a system of
house and building numbering for the City and to assign specific numbers to all houses and
other buildings.
(b) Installation. The owners of all houses and other buildings, after assignment, shall install
and maintain a number in accordance with such assignment, which numbers shall be no
less than four inches high, permanent in nature, of contrasting color to the background,
and clearly visible from the street. The numbers shall be Arabic numbers.
(c) Unlawful Act. It is unlawful for any person, not the owner of the property, to remove,
damage, destroy or obliterate a building number.
(Code 1988, § 4.06; Ord. No. 179, 2nd Series, 6-11-1998; Ord. No. 358, 2nd Series, 1-12-2007)
Sec. 103-6. - Electrical Regulations and Inspections.
(a) Purpose. The purpose of this amendment is to establish an electrical inspections program
in the City that is administered and enforced by the City.
(b) Authority to Inspect. The City hereby provides for the inspection of all electrical
installations, pursuant to Minn. Stats. § 326B.36, subd. 6.
(c) Adopted By Reference. The Minnesota Electrical Act, as adopted by the Commissioner of
Labor and Industry pursuant to Minn. Stats. §§ 326B.31 to 326B.399 is hereby incorporated
into this section as if fully set out herein. The Minnesota State Building Code incorporates
by reference the National Electrical Code pursuant to Minnesota Rule 1315.0200. All such
codes incorporated herein by reference constitute the electrical code of the City.
(d) Compliance. All electrical installations shall comply with the requirements of the electrical
code of the City and this section.
(e) Permits and Fees. The issuance of permits and the collection of fees shall be as authorized
in Minn. Stats. § 326B.37. Any inspection or handling fees will be payable to the City.
(f) Notice and Appeal. All notices of violations and orders issued under this section shall be in
conformance with Minn. Stats. § 326B.36, subd. 4.
(Code 1988, § 4.07; Ord. No. 465, 2nd Series, 7-30-2011; Ord. No. 521, 2nd Series, 7-25-2014)
Sec. 103-7. - Swimming Pool Construction and Demolition.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have
the meanings ascribed to them in this subsection, except where the context clearly
indicates a different meaning:
Swimming Pool: A permanent structure, basin, chamber, or tank containing an artificial
body of water for recreational swimming or diving, more than 5,000 gallons and over 24
inches in depth. This includes in-ground, above-ground and on-ground pools; hot tubs; spas
and fixed-in-place wading pools. The walls or fence shall be at least five feet in height
measured from the finished grade. Gates shall be at least five feet in height measured from
the walk beneath.
Public Swimming Pool: A swimming pool other than a private single-family residential
swimming pool, intended to be used collectively by numbers of people for swimming,
regardless of whether a fee is charged for use. Included in this definition are swimming
pools located in or adjacent to apartment buildings, condominiums, townhouses and other
multiple dwelling residential complexes, public and/or private schools, public and/or
private recreational sports facilities, institutional facilities and commercial property, unless
used for sales and/or display purposes only.
Private Swimming Pool: A swimming pool connected with a single-family residence or
owner-occupied duplex, located on private property under control of the homeowner, the
use of which is limited to family members or the family's invited guests. A private
residential pool can-not be used as part of a business.
(b) Permit Required.
(1) To the extent required by the City Building Code, a person shall not construct, alter,
reconstruct or demolish a swimming pool without first obtaining a building permit
from the City. Mechanical, electrical and stormwater permits are also required. A
grading permit may be required from the Physical Development Department, for
construction or demolition. The work is subject to additional permitting requirements
of the City or other jurisdictions.
(2) A permit may be revoked or work stopped following procedures set forth in the City
Building Code.
(c) Permit Application. The application for the building permit shall be accompanied by two
sets of plans and specifications, soil tests, and other supporting data that may be required
for proper review of the plans. The plans shall be drawn to scale, accompanied by sufficient
specifications to permit a comprehensive review of the plans, and shall include:
(1) Pool plan and sectional views with all necessary dimensions of the pool and
construction details of fencing required by code
(2) A survey, or site plan based on a survey, indicating dimensions from the pool's edge
to all structures on the site and the property lines, location of easements, all pool
equipment and fence and gate locations
(3) A piping diagram showing pertinent elevation data and all appurtenances including
treatment facilities in sufficient detail to permit a hydraulic analysis of the system and
details on all treatment equipment, including catalog identification of pumps, chlorinators,
and related equipment
(c) Permit Application. The application for the building permit shall be accompanied by a set of
plans and specifications, soil tests, and any other supporting data required by the Building
Official that may be required for proper review of the plans. The plans shall be drawn to
scale, accompanied by sufficient details and specifications to permit a comprehensive
review of the plans, and shall include:
1. A survey, or site plan based on a survey, indicating location of pool, show pool deck,
dimensions from the pool's edge to all structures on the site and the property lines,
location of easements, utilities, all pool equipment and fence and gate locations.
2. Plan view of the pool area showing dimensions and location of pool deck, deck drains,
location of steps, stairs, handrails, ladders, step holes, underwater seats, benches and
swim outs. Step holes and ladders shall have a handrail on both sides. Two means of
entry/exit shall be provided at the deep end where the width of the pool exceeds 30
feet.
3. A pool plan and section views showing all necessary dimensions of the pool, location of
skimmers and drains. Identify in section view details of pool construction including
footing locations/ dimensions, reinforcement details, wall system details, pool deck
details (slope, material), liner materials, etc.… in sufficient clarity to verify compliance
with the MSBC and Golden Valley City Code.
4. Details on all treatment equipment, including catalog identification of pumps, heaters,
filters, chlorinators, and related equipment.
(d) Construction Requirements.
(1) New and existing outdoor swimming pools shall be completely enclosed by a fence or
wall. Openings or points of entry into the pool area enclosure shall be equipped with
gates. The wall or fence and gates shall be at least four feet in height. A fence shall be
constructed of at least a number 11 gauge woven wire mesh corrosion-resistant
material or other materials approved by the Building Official. Gates shall be equipped
with self-closing and self-latching devices capable of being locked, placed on top of the
gate or another place inaccessible to small children. Fence posts shall be decay or
corrosion-resistant and shall be set in concrete bases or material approved by the
Building Official. The fence shall not have an opening greater than four inches or start
more than two inches off the ground. The fence cannot be a readily climbable design
and shall meet the requirements of the City Code. The pool shall not be filled with
water until the fence has been completed and approved.
(2) Swimming pools shall be located on the premises in compliance with the zoning code
requirements. A private detached pool shall meet the setback requirements of an
accessory structure. Setbacks are measured from the edge of the pool. Pools, aprons
or pool equipment are not permitted in an easement.
(3) A swimming pool and its appurtenances shall be located at least 10 feet from an
existing portion of a waste water system. The water supply line for a swimming pool
shall be at least 15 feet from an existing portion of a sewage system.
(4) No electric wires shall be over the pool area or within 10 feet of the pool's edge.
(5) The pool and related facilities shall be built in accordance with plans approved by the
City. The pool may not be placed in operation until final inspection approval and, if a
public swimming pool, issuance of a public pool license.
(6) The demolition of an existing swimming pool requires the removal of the entire pool,
including the foundation and all electrical and plumbing appurtenances. Excavated
areas must be filled with clean fill to match adjacent contours. A stormwater permit or
compliance with stormwater requirements is required.
(d) Construction Requirements.
1. Fence. All pools shall be completely enclosed by a nonclimbing-type fence. All fence
openings or points of entry into the pool area enclosure shall be equipped with gates.
The fence and gates shall be at least five feet in height and shall be constructed of
number 11-gauge woven wire mesh corrosion-resistant material, or of other materials
approved by the building official. All gates shall be equipped with self-closing and self-
latching devices placed at the top of the gate or otherwise inaccessible to small
children. All fence posts shall be decay or corrosion-resistant and shall be set in
concrete bases, or other suitable protection. The openings between the bottom of the
fence and the ground or other surface and the openings between the vertical pickets
shall not be more than four inches. Pools shall not be filled until fencing is installed.
2. Pool deck. Unobstructed deck areas not less than 48 inches wide shall be provided to
extend entirely around each pool. The deck shall be constructed above, but not
more than nine inches above, the normal water line. The deck area shall be
constructed of impervious material, and the surface shall be smooth and easily
cleaned and of nonslip construction. The deck shall have a pitch of at least one-
fourth-inch to the foot, designed so as to prevent back drainage into the pool. If deck
drains are provided, drain pipe lines shall be at least four times the cross-sectional
area of the drain pipe. The deck drain system shall have indirect connections to the
sanitary sewer. The deck drains shall not be connected to the recirculation systems
piping.
3. Entry/exit. Two or more means of entry/exit shall be provided for all residential pools.
At least one entry/exit shall be located on the side of the pool at the deep end and one
at the shallow end. The entries/exits shall consist of one or a combination of the
following: steps, stairs, ladders, step holes, underwater seats, benches and swim outs.
Step holes and ladders shall have a handrail on both sides. Two means of entry/exit
shall be provided at the deep end where the width of the pool exceeds 30 feet.
4. Water supply. Water supplies serving all pools shall be of a safe and sanitary quality. The
installation of the pool water supply piping and connection to the source of supply
shall be under the supervision of a licensed plumber.
5. Plumbing Test. All pool piping and the installation and construction of the pool piping
system shall be in accordance with the approved plans. The entire pool piping system
shall be tested with an air test of 5 psi and proved tight before covering or concealing.
6. Swimming pools shall be located on the premises in compliance with the zoning code
requirements. A private detached pool shall meet the setback requirements of an
accessory structure. Setbacks are measured from the edge of the pool. Pools, aprons
or pool equipment are not permitted in an easement.
7. A swimming pool and its appurtenances shall be located at least 10 feet from an existing
portion of a waste water system. The water supply line for a swimming pool shall be at
least 15 feet from an existing portion of a sewage system.
8. No electric wires shall be over the pool area or within 10 feet of the pool's edge.
9. The pool and related facilities shall be built in accordance with plans approved by the
City. The pool may not be placed in operation until final inspection approval and, if a
public swimming pool, issuance of a public pool license. Pools shall not be filled until
fencing is installed.
10. The demolition of an existing swimming pool requires the removal of the entire pool,
including the foundation and all electrical and plumbing appurtenances. Excavated
areas must be filled with clean fill to match adjacent contours. A stormwater permit or
compliance with stormwater requirements is required.
11. Construction Inspection. A person who does or causes to be done any of the work
covered by this section shall notify the City at specific predetermined stages of
construction and at the time of completion to allow adequate inspection of the pool
and related equipment. A permit for the removal of an existing swimming pool
requires an inspection after the pool is removed but before the fill is placed.
12. Overflow and surface drainage. The pool and surrounding area shall be constructed and
arranged in such a manner that no splash or overflow water shall return to the pool.
No surface or roof drainage shall be permitted to enter the pool.
(e) Construction Inspection. A person who does or causes to be done any of the work covered by this
section shall notify the City at specific predetermined stages of construction and at the time of
completion to allow adequate inspection of the pool and related equipment. A permit for the removal
of an existing swimming pool requires an inspection after the pool is removed but before the fill is
placed.
(f)(e) Safety and Maintenance.
(1) Pools and pool fences shall be maintained so as not to pose a health hazard or
danger. Pools shall be closed if the following conditions exist for a period in excess of
48 hours:
a. There is no circulation or filtration
b. There is insufficient disinfectant
c. Water clarity is lacking so that the pool bottom is not visible from the pool edge
d. Unsafe electrical, mechanical and biological conditions are present
e. Pool fencing is in disrepair.
(2) A "Pool Closed" sign shall be posted until the corrections are completed and
approved by the City Building Official. If corrections are not completed or the pool has
been abandoned, the pool shall be removed per Subsection (d)(6) of this section.
(f)(g) Drainage. A person who drains, allows or causes the drainage of water from a public or
private swimming pool, including an accumulation of precipitation or runoff, shall do so
only into the street pavement immediately adjacent to the property or to the nearest
storm sewer inlet, unless otherwise required or approved by the City Engineer. Drainage
shall not be permitted into any sanitary plumbing fixture. The person who drains a
swimming pool shall regulate the volume and rate of the discharge to prevent damage to
public or private property.
(h)(g) Enforcement. The City Building Official and his/her their designee are authorized to
enforce the provisions of this section.
(Code 1988, § 4.08; Ord. No. 294, 2nd Series, 4-30-2004)
Sec. 103-8. - Interceptor and Manhole Requirements.
(a) Interceptors. No building permit shall issue for, or use of premises change to, commercial
or industrial uses which discharge grease, oil, sand, flammable or other materials in such
amounts as are considered by the City to be deleterious to the sewerage system without
the installation and maintenance of interceptor devices approved by the City.
(b) Manholes. Prior to the issuance of a building permit for a use from which commercial and
industrial waste will be discharged into the sewerage system, the City Engineer may require
the installation of a control manhole to permit observation, sampling and measurement of
such wastes.
(Code 1988, § 4.40; Ord. No. 179, 2nd Series, 6-11-1998)
Sec. 103-9. - International Property Maintenance Code.
(a) 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 Subsection (b) of this section. The IPMC, as modified and
amended by Subsection (b) of this section, 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.
(b) Amendments to the IPMC. The IPMC adopted by reference in Subsection (a) of this section
is hereby amended in the following respects for application within the City:
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.'"
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."
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 113 of the
City Code."
Section 102.7. The 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."
Section 103. The title of this section is revised in its entirety to read as follows:
"Administration of this Property Maintenance Code."
Section 103.1. This section is revised in its entirety to read as follows: "The City Manager or
his/her designee shall administer this code."
Section 103.2. This section is revised in its entirety to read as follows: "The City Manager or
his/her designee shall designate the code official responsible for the administration
and enforcement of this code."
Section 103.4. The term "member of the board of appeals" is deleted and replaced with the
term "administrative hearing officer."
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."
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."
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 2-4 of the City Code."
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 2-4 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 2-4 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."
Sections 111.2 through Section 111.7, inclusive, are deleted in their entirety.
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."
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."
Section 202. The following definition is added: "CORD OF FIREWOOD. Means a unit of cut
fuel wood, equal to 128 cubic feet in a stack."
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."
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."
Section 202. The following definition is added: "RECYCLABLES. Means items of refuse
designated by the County Department of Environment and Energy to be part of an
authorized recycling program and which are intended for processing and
remanufacture or reuse."
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."
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 (one-quarter-
inch diameter maximum), pine cones and needles."
Section 302.4. The words appearing in the brackets in the first sentence are deleted and
the words "eight inches" are inserted therein, and the brackets are deleted.
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.
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 103-5 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."
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.
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.
Section 306.1.1. The term "International Building Code" is deleted and the term
"Minnesota State Building Code" is inserted in its place.
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
Chapter 22, Article II, of the City Code."
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."
Section 310. A new section is added entitled: "SECTION 310 OUTDOOR WOOD STORAGE."
Sections 310.1. A new section is added to read: "310.1. General. The following are
conditions for outdoor wood storage."
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 follows:
1. The firewood shall be cut/split to a uniform shape 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 feet shall be no more than twice its width, but in no event shall the
height exceed five feet
3. Firewood stacks must have at least 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 feet of any side or five 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."
Section 401.3. The term "International Building Code" is deleted and replaced with the
term "Minnesota State Building Code."
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."
Sections 502.5 and 505.1. The term "International Plumbing Code" is deleted and replaced
with the term "Minnesota State Plumbing Code."
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.
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.
Section 604.3.1.1. The term "International Building Code" is deleted and replaced with the
term "Minnesota State Building Code."
Section 604.3.2.1. The term "International Building Code" is deleted and replaced with the
term "Minnesota State Building Code."
Section 606.1. The 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."
Section 702.1. The term "International Fire Code" is deleted and the term "Minnesota State
Fire Code" is inserted in its place.
Section 702.2. The term "International Fire Code" is deleted and the term "Minnesota State
Fire Code" is inserted in its place.
Section 702.3. The term "International Building Code" is deleted and the term "Minnesota
State Building Code" is inserted in its place.
Section 704.1. The term "International Fire Code" is deleted and the term "Minnesota State
Fire Code" is inserted in its place.
Section 704.2. The term "International Fire Code" is deleted and the term "Minnesota State
Fire Code" is inserted in its place.
Section 705. A new section is added entitled: "SECTION 705 CARBON MONOXIDE ALARMS."
Section 705.1. A new section is added to read: "705.1 General. Carbon monoxide alarms
shall be installed in accordance with Minn. Stats. §§ 299F.50, 299F.51."
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."
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."
Chapter 8. The table regarding the International Code Council is deleted in its entirety.
(c) 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.
(Code 1988, § 4.60; Ord. No. 563, 2nd Series, 7-30-2015)
Sec. 103-10. Completion of Exterior Work
(a) Findings. As allowed by Minnesota Statutes 326B.121. Subd. 1a., the City Council finds that
the public safety, health, and welfare is impacted by exterior building projects that start,
but are not finished in a timely manner, that there is benefit to establishing definitive time
periods by which work should be completed so that both the City and the responsible party
have a mutual understanding of their rights and obligations, that there should be
consequences when responsible parties either fail to meet work deadlines, or fail to
complete projects, and a mechanism to allow for abatement of nuisance conditions that
unfinished projects tend to create. At the same time, the Council recognizes that, owing to
weather and other unforeseen circumstances, it is important that any time frame scheme
for work completion include flexibility to recognize the unavoidable delays that might
occur. Accordingly, the Council finds that the Building Official should be authorized to
require the following time frames for work completion, and should be authorized to
initiate a number of compliance and enforcement actions should a responsible party
violate those time frames, or otherwise fail to complete a project in a timely manner.
(b) Scope. Exterior work authorized by a building permit issued in accordance with the
Minnesota State Building Code must be completed within the time frames stated in Section
103-10(c), or within the time frames set by the Building Official at the time of permit
issuance, whichever is longer.
(c) Construction and Application. Exterior work authorized by a building permit issued in
accordance with the Minnesota State Building Code must be completed within the
specified number of days from the date of issuance of the building permit as follows:
(1) Buildings or structures on single family residential property:
Roofs, siding, replacement doors and windows 180 days
Detached structures and sheds 180 days
New construction 365 days
Additions to primary home 365 days
Retaining walls and grading 180 days
(2) Buildings or structures on multifamily residential property:
Twin and quad home exterior work Same deadlines as single family
Buildings with more than four units 730 days
(3) Buildings or structures on commercial or industrial property:
Building exterior work As determined by Building Official
Exterior structures other than primary
building
365 days
(4) Notwithstanding the completion deadlines, a building permit expires 180 days from the
date of issuance if there is not substantial work completed under the permit as
provided in the Minnesota State Building Code. If no work has been completed under
the building permit as of its expiration date, the completion deadline for the work
under new permit shall be as set forth above.
(d) Time Limitation. Upon a showing by the permit holder or property owner that there has
been an unavoidable delay in completion of the exterior work, the Building Official, at the
Official's discretion, may grant one extension for the completion of the exterior work for a
period of not more than 180 days.
(e) Violations.
(a) Failure to complete all exterior work authorized by a building permit within the
specified completion deadline or deadlines, including any extension, is a violation of
this Chapter. In such case, the Building Official, in conjunction with the City Attorney,
is authorized to take one or more of the following actions:
a. Initiate a criminal action by citation or formal complaint. A violation of this
chapter is a misdemeanor.
b. Order work to cease.
c. Process the violation as a public nuisance abatement matter under City Code or
state law.
d. Process the violation or violations as an administrative offense and issue one or
more administrative citations under Section 1-9. – Administrative Citations.
e. Process the matter as a hazardous building under Minnesota Statutes.
f. Process the matter in any other way as allowed by statute or federal law.
Nothing herein shall restrict the right of the City to seek or pursue other remedies as
authorized by City Code, State law, or Federal law.
(b) For actions under Sec 103-10(e)(1)(d) the Building Official is authorized to vary from
the compliance timeframes therein as appropriate to the violation, based on factors
including, but not limited to:
a. The amount of time and extensions already allowed for completion;
b. The nature of the work involved and a normal timeframe to complete;
c. The visibility of the violation;
d. Safety, health, and welfare impacts from the work not being completed.
(f) Effective Date. This section applies to exterior work for which a building permit was issued
on or after the effective date of this Section. Exterior work for which a building permit was
issued prior to the effective date of this Section must be completed by March 1, 2022,
unless another deadline was set by the Building Official at or after the time of the issuance
of the permit. If Exterior work has been completed or is in progress without the issuance of
a building permit, the completion deadline or deadlines do not apply. In such case, the
Building Official is authorized to determine a completion deadline.
ORDINANCE NO. 703
AN ORDINANCE AMENDING THE CITY CODE
AMENDING CHAPTER 103 BUILDINGS AND BUILDING REGULATIONS
The City Council for the City of Golden Valley hereby ordains as follows:
Section 1. City Code Chapter 103, section 103-1 is amended to replace or add a
new section 103-1(d) as follows:
Sec 103-1(d) The Building Official is authorized to withhold the issuance of a
building permit or certificate of occupancy where additional construction or
development authorizations, permits, fees, agreements or other obligations
associated with the work proposed under the building permit are required by
federal law, state statute, county ordinance, Metropolitan Council ordinance, or city
ordinance, but which remain outstanding.
Section 2. City Code Chapter 103, section 103-4 is amended to add a new defined
term to subsection (a) and to repeal sections (f) and (g) in their entirety. Section 103-
4(a) shall read as follows:
(a) Definitions. The following words, terms and phrases, when used in this
section, shall have the meanings ascribed to them in this subsection, except where
the context clearly indicates a different meaning:
Combined Moving Permit: A permit to move a building on both a street and a
highway.
Exterior Work: Work on all exterior parts of a building, including but not limited to:
roofs, doors, windows, siding, and stairs. Exterior work also includes work on other
exterior structures, including but not limited to: driveways, retaining walls, sheds,
detached garages, decks, and fences.
Highway: A public thoroughfare for vehicular traffic which is a State trunk highway,
County State-aid highway, or County road.
Highway Moving Permit: A permit to move a building on a highway for which a fee is
charged which does not include route approval, but does include regulation of
activities which do not involve the use of the highway; which activities include, but
are not limited to, repairs or alterations to a municipal utility required by reason of
such movement.
Moving Permit: A document allowing the use of a street or highway for the purpose
of moving a building.
Street: A public thoroughfare for vehicular traffic which is not a State trunk highway,
County State-aid highway or County road.
Street Moving Permit: A permit to move a building on a street for which a fee is
charged which does include route approval, together with use of the street and
activities, including, but not limited to, repairs or alterations to a municipal utility
required by reason of such movement.
Section 3. City Code Chapter 103, section 103-7(b) is amended to read as
follows:
Section 103-7(b) Permit Required.
(1) To the extent required by the City Building Code, a person shall not
construct, alter, reconstruct or demolish a swimming pool without first
obtaining a building permit from the City. The work is subject to additional
permitting requirements of the City or other jurisdictions.
(2) A permit may be revoked or work stopped following procedures set forth in
the City Building Code.
Section 4. City Code Chapter 103, section 103-7(c) is amended to read as
follows:
Section 103-7(c) Permit Application. The application for the building permit shall be
accompanied by a set of plans and specifications, soil tests, and any other
supporting data required by the Building Official that may be required for proper
review of the plans. The plans shall be drawn to scale, accompanied by sufficient
details and specifications to permit a comprehensive review of the plans, and shall
include:
(1) A survey, or site plan based on a survey, indicating location of pool, show
pool deck, dimensions from the pool's edge to all structures on the site and
the property lines, location of easements, utilities, all pool equipment and
fence and gate locations.
(2) Plan view of the pool area showing dimensions and location of pool deck,
deck drains, and location of steps, stairs, handrails, ladders, step holes,
underwater seats, benches and swim outs. Step holes and ladders shall have
a handrail on both sides. Two means of entry/exit shall be provided at the
deep end where the width of the pool exceeds 30 feet.
(3) A pool plan and section views showing all necessary dimensions of the pool,
location of skimmers and drains. Identify in section view details of pool
construction including footing locations/ dimensions, reinforcement details,
wall system details, pool deck details (slope, material), liner materials, etc.…
in sufficient clarity to verify compliance with the MSBC and Golden Valley City
Code.
(4) Details on all treatment equipment, including catalog identification of pumps,
heaters, filters, chlorinators, and related equipment.
Section 5. City Code Chapter 103, sections 103-7(d) is amended to read as follows:
Section 103-7(d) Construction Requirements.
(1) Fence. All pools shall be completely enclosed by a nonclimbing-type fence.
All fence openings or points of entry into the pool area enclosure shall be
equipped with gates. The fence and gates shall be at least five feet in height
and shall be constructed of number 11-gauge woven wire mesh corrosion-
resistant material, or of other materials approved by the building official. All
gates shall be equipped with self-closing and self-latching devices placed at
the top of the gate or otherwise inaccessible to small children. All fence posts
shall be decay or corrosion-resistant and shall be set in concrete bases, or
other suitable protection. The openings between the bottom of the fence and
the ground or other surface and the openings between the vertical pickets
shall not be more than four inches. Pools shall not be filled until fencing is
installed.
(2) Pool deck. Unobstructed deck areas not less than 48 inches wide shall be
provided to extend entirely around each pool. The deck shall be
constructed above, but not more than nine inches above, the normal water
line. The deck area shall be constructed of impervious material, and the
surface shall be smooth and easily cleaned and of nonslip construction.
The deck shall have a pitch of at least one-fourth-inch to the foot, designed
so as to prevent back drainage into the pool. If deck drains are provided,
drain pipe lines shall be at least four times the cross-sectional area of the
drain pipe. The deck drain system shall have indirect connections to the
sanitary sewer. The deck drains shall not be connected to the recirculation
systems piping.
(3) Entry/Exit. Two or more means of entry/exit shall be provided for all
residential pools. At least one entry/exit shall be located on the side of the
pool at the deep end and one at the shallow end. The entries/exits shall
consist of one or a combination of the following: steps, stairs, ladders, step
holes, underwater seats, benches and swim outs. Step holes and ladders
shall have a handrail on both sides. Two means of entry/exit shall be
provided at the deep end where the width of the pool exceeds 30 feet.
(4) Water Supply. Water supplies serving all pools shall be of a safe and sanitary
quality. The installation of the pool water supply piping and connection to the
source of supply shall be under the supervision of a licensed plumber.
(5) Plumbing Test. All pool piping and the installation and construction of the
pool piping system shall be in accordance with the approved plans. The
entire pool piping system shall be tested with an air test of 5 psi and proved
tight before covering or concealing.
(6) Swimming pools shall be located on the premises in compliance with the
zoning code requirements. A private detached pool shall meet the setback
requirements of an accessory structure. Setbacks are measured from the
edge of the pool. Pools, aprons or pool equipment are not permitted in an
easement.
(7) A swimming pool and its appurtenances shall be located at least 10 feet from
an existing portion of a waste water system. The water supply line for a
swimming pool shall be at least 15 feet from an existing portion of a sewage
system.
(8) No electric wires shall be over the pool area or within 10 feet of the pool's
edge.
(9) The pool and related facilities shall be built in accordance with plans
approved by the City. The pool may not be placed in operation until final
inspection approval and, if a public swimming pool, issuance of a public pool
license. Pools shall not be filled until fencing is installed.
(10) The demolition of an existing swimming pool requires the removal of the
entire pool, including the foundation and all electrical and plumbing
appurtenances. Excavated areas must be filled with clean fill to match
adjacent contours. A stormwater permit or compliance with stormwater
requirements is required.
(11) Construction Inspection. A person who does or causes to be done any of the
work covered by this section shall notify the City at specific predetermined
stages of construction and at the time of completion to allow adequate
inspection of the pool and related equipment. A permit for the removal of an
existing swimming pool requires an inspection after the pool is removed but
before the fill is placed.
(12) Overflow and surface drainage. The pool and surrounding area shall be
constructed and arranged in such a manner that no splash or overflow water
shall return to the pool. No surface or roof drainage shall be permitted to
enter the pool.
Section 6. City Code Chapter 103, section 103-7(e) repealed in its entirety and all
subsequent sections are renumbered accordingly.
Section 7. City Code Chapter 103, section 103-7(h) (renumbered 103-7(g) pursuant
to section 6 above) is amended to read as follows:
Section 103-7(g) Enforcement. The City Building Official and their designee are
authorized to enforce the provisions of this section.
Section 8. City Code Chapter 103 is amended to add a new section 103-10 which
shall read as follows:
Sec. 103-10. Completion of Exterior Work
(a) Findings. As allowed by Minnesota Statutes 326B.121. Subd. 1a., the City Council
finds that the public safety, health, and welfare is impacted by exterior building
projects that start, but are not finished in a timely manner, that there is benefit to
establishing definitive time periods by which work should be completed so that both
the City and the responsible party have a mutual understanding of their rights and
obligations, that there should be consequences when responsible parties either fail
to meet work deadlines, or fail to complete projects, and a mechanism to allow for
abatement of nuisance conditions that unfinished projects tend to create. At the
same time, the Council recognizes that, owing to weather and other unforeseen
circumstances, it is important that any time frame scheme for work completion
include flexibility to recognize the unavoidable delays that might occur. Accordingly,
the Council finds that the Building Official should be authorized to require the
following time frames for work completion, and should be authorized to initiate a
number of compliance and enforcement actions should a responsible party violate
those time frames, or otherwise fail to complete a project in a timely manner.
(b) Scope. Exterior work authorized by a building permit issued in accordance with the
Minnesota State Building Code must be completed within the time frames stated in
Section 103-10(c), or within the time frames set by the Building Official at the time
of permit issuance, whichever is longer.
(c) Construction and Application. Exterior work authorized by a building permit issued
in accordance with the Minnesota State Building Code must be completed within
the specified number of days from the date of issuance of the building permit as
follows:
(1) Buildings or structures on single family residential property:
Roofs, siding, replacement doors and windows 180 days
Detached structures and sheds 180 days
New construction 365 days
Additions to primary home 365 days
Retaining walls and grading 180 days
(2) Buildings or structures on multifamily residential property:
Twin and quad home exterior work Same deadlines as single family
Buildings with more than four units 730 days
(3) Buildings or structures on commercial or industrial property:
Building exterior work As determined by Building
Official
Exterior structures other than primary
building
365 days
(4) Notwithstanding the completion deadlines, a building permit expires 180 days
from the date of issuance if there is not substantial work completed under the
permit as provided in the Minnesota State Building Code. If no work has been
completed under the building permit as of its expiration date, the completion
deadline for the work under new permit shall be as set forth above.
(d) Time Limitation. Upon a showing by the permit holder or property owner that there
has been an unavoidable delay in completion of the exterior work, the Building
Official, at the Official's discretion, may grant one extension for the completion of
the exterior work for a period of not more than 180 days.
(e) Violations.
(1) Failure to complete all exterior work authorized by a building permit within the
specified completion deadline or deadlines, including any extension, is a
violation of this Chapter. In such case, the Building Official, in conjunction with
the City Attorney, is authorized to take one or more of the following actions:
a. Initiate a criminal action by citation or formal complaint. A violation of this
chapter is a misdemeanor.
b. Order work to cease.
c. Process the violation as a public nuisance abatement matter under City
Code or state law.
d. Process the violation or violations as an administrative offense and issue
one or more administrative citations under Section 1-9. – Administrative
Citations.
e. Process the matter as a hazardous building under Minnesota Statutes.
f. Process the matter in any other way as allowed by statute or federal law.
Nothing herein shall restrict the right of the City to seek or pursue other
remedies as authorized by City Code, State law, or Federal law.
(2) For actions under Sec 103-10(e)(1)(d) the Building Official is authorized to
vary from the compliance timeframes therein as appropriate to the violation,
based on factors including, but not limited to:
a. The amount of time and extensions already allowed for completion;
b. The nature of the work involved and a normal timeframe to complete;
c. The visibility of the violation;
d. Safety, health, and welfare impacts from the work not being completed.
(f) Effective Date. This section applies to exterior work for which a building permit was
issued on or after the effective date of this Section. Exterior work for which a
building permit was issued prior to the effective date of this Section must be
completed by March 1, 2022, unless another deadline was set by the Building
Official at or after the time of the issuance of the permit. If Exterior work has been
completed or is in progress without the issuance of a building permit, the
completion deadline or deadlines do not apply. In such case, the Building Official is
authorized to determine a completion deadline.
Section 9. This ordinance shall take effect from and after its passage and publication
as required by law.
Adopted by the City Council this 19th day of January, 2021.
Shepard M. Harris, Mayor
ATTEST:
Theresa J. Schyma, City Clerk
1
SUMMARY OF ORDINANCE NO.703
AN ORDINANCE AMENDING THE CITY CODE
Amending chapter 103- Buildings and Building Regulations
This is a summary of the provisions of the above Ordinance which has been approved
for publication by the City Council.
This Ordinance modifies language regulating building construction within the City of
Golden Valley. This Ordinance shall take effect upon publication.
A copy of the full text of this Ordinance is available from the City Clerk’s Office.
Adopted by the City Council this 19th day of January 2021.
/s/Shepard M. Harris
Shepard M. Harris, Mayor
ATTEST:
/s/ Theresa Schyma_______
Theresa Schyma City Clerk