HomeMy WebLinkAbout2010-09 Amending Section 725 r
ORDINANCE NO. 2010-09
AN ORDINANCE AMENDING CHAPTER 7 OF THE EDINA CITY CODE
CONCERNING PROPERTY MAINTENANCE
THE CITY OF EDINA ORDAINS:
SECTION 1. Section 725 of the Edina City Code is amended to read as follows:
Section 725 - Property Maintenance
Section 725.01 General Requirements.
The requirements of this article apply to all buildings, structures and property within the
city. All buildings and portions of buildings, including mechanical, electrical, plumbing
and other building systems, previously constructed or installed in accordance with city
and state codes must be maintained in conformance with the requirements of the codes
in effect at the time of construction or installation.
Section 725.02 Purpose.
The purpose of this Section is to protect, preserve, and promote the physical and
mental health of the people, investigate and control communicable diseases, regulate
privately and publicly owned dwellings for the purpose of sanitation and public health,
and protect the safety of the people and promote the general welfare by legislation
which shall be applicable to all dwellings now in existence or constructed in the future
and which (i) establishes minimum standards for basic equipment and facilities for light,
ventilation and heating, for safety from fire, for the use and location, and amount of
space for human occupancy, and for safe and sanitary maintenance; (ii) determines the
responsibilities of owners, operators and occupants of dwellings; and (iii) provides for
the administration and enforcement of this Section.
Section 725.03 International Property Maintenance Code Adopted.
The International Property Maintenance Code, 2006 Edition, is hereby adopted by
reference and incorporated herein, subject to the amendments set forth in this Section.
Section 725.04 Deletions. The following sections of the International Property
Maintenance Code are deleted: the definitions of"condemn", "garbage" and "rubbish" in
202, 302.4, 302.8, 303, 307, 404.5, 503.4, Chapter 8 all sections.
Section 725.05 Amendments. The following sections of the International Property
Maintenance Code are amended to read as follows:
Section 101.1 Title.
These regulations shall be known as the Property Maintenance Code of the City of
Edina hereinafter referred to as "this Code."
Section 102.3 Application of Other Codes.
Repairs, additions, or alterations to a structure, or changes of occupancy, shall be done
in accordance with the procedures and provisions of the Minnesota State Building Code
and Edina City Code.
Section 102.7 Referenced Codes and Standards.
The codes and standards referenced in this Code shall mean the applicable provision of
the Edina City Code or Minnesota State Building Code, whichever is the most restrictive
requirement permitted under statute and considered part of the requirements of this
Code to the prescribed extent of each such reference. Where differences occur
between provisions of this Code and the referenced standards, the provisions of this
Code shall apply unless preempted by or in conflict with the State Building Code.
Section 103.2 Appointment.
The City Manager or the City Manager's designated agents shall be the code official
responsible for the administration and enforcement of this Code.
Section 103.5 Fees.
The fees for activities and services performed by the City in carrying out its
responsibilities under this Code shall be as indicated in Edina City Code Section 185,
Administrative Fees and Charges.
Section 106.3 Prosecution of Violation.
Any person failing to comply with a notice of violation or order served in accordance
with Section 107 shall be deemed guilty of a misdemeanor and the violation shall be
deemed a strict liability offense. If the notice of violation is not complied with, the code
official shall institute the appropriate proceeding at law or in equity to restrain, correct or
abate such violation, or to require the removal or termination of the unlawful occupancy
of the structure in violation of the provisions of this Code or of the order or direction
made pursuant thereto. Any expenses incurred by the City in carrying out the
enforcement of the provisions of this Code shall be included as a special assessment
against the property.
Section 107.2 Form.
Such notice prescribed in Section 107.1 shall be in accordance with all of the following:
1. Be in writing.
2. Include a description of the real estate sufficient for identification.
3. Include a statement of the violation or violations and why the notice is being
issued.
4. Include a correction order allowing a reasonable time to make the repairs and
improvements required to bring the dwelling unit or structure into compliance with
the provisions of this Code.
5. Inform the property owner of the right to appeal.
6. Include a statement of the right to impose a special assessment in accordance
with Section 106.3.
Section 108.1 General.
When a structure or equipment is found by the code official to be unsafe, or when a
structure is found unfit for human occupancy, or is found unlawful, such structure shall
be subject to the provisions of this Code.
Section 108.2 Closing of Vacant Structures.
If the structure is vacant and unfit for human habitation and occupancy, and is not in
danger of structural collapse, the code official is authorized to post the premises and
order the structure closed up so as not to be an attractive nuisance. Upon failure of the
owner to close up the premises within the time specified in the order, the code official
shall cause the premises to be closed and secured through any available public agency
or by contract or arrangement by private persons and the cost thereof shall be assessed
to the real estate upon which the structure is located.
Section 108.3 Notice.
Whenever the code official has determined a structure or equipment is unsafe, a
structure is unfit for human occupancy or a structure is unlawful under the provisions of
this section, notice shall be posted in a conspicuous place in or about the structure
affected by such notice and served on the owner or the person or persons responsible
for the structure or equipment in accordance with Section 107.3. If the notice pertains to
equipment, it shall also be placed on the unsafe equipment. The notice shall be in the
form prescribed in Section 107.2.
Section 108.4 Posting.
Upon failure of the owner or person responsible to comply with the notice provisions
within the time given, the code official shall place a posting on the premises or on the
defective equipment which shall provide a statement of the penalties for occupying the
premises or operating the equipment.
Section 108.4.1 Posting Removal.
The code official shall provide written approval and remove the posting whenever the
defect or defects upon which the enforcement action and posting were based have
been eliminated. It shall be unlawful for any person to deface, obscure or remove a
posting without the approval of the code official. Any person who defaces, obscures or
removes a posting shall be subject to the penalties provided by this Code.
Section 108.5 Prohibited Occupancy.
Any occupied structure posted by the code official shall be vacated as ordered by the
code official. Any person who shall occupy posted premises or shall operate posted
equipment, and any owner or any person responsible for the premises who shall let
anyone occupy a posted premises or operate posted equipment shall be liable for the
penalties provided by this Code.
Section 109.6 Hearing.
Any person ordered to take emergency measures shall comply with such order
forthwith. Any affected person shall thereafter, upon filing a written notice of appeal with
the Clerk, be afforded an appeal/hearing as described in this Code.
Section 110.3 Failure to Comply.
If the owner of a premises fails to comply with a demolition order within the time
prescribed, the code official shall cause the structure to be demolished and removed,
either through an available public agency or by contract or arrangement with private
persons, and the cost thereof assessed to the real estate upon which the structure is
located.
Section 111.1 Application for Appeal.
Any person directly aggrieved by a notice issued under this Code, may within ten days
after service of the same, appeal to the Council by filing a written notice of appeal with
the Clerk. 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 by the Council, but the taking of an appeal from a notice other than
one to vacate pending the elimination of imminent dangers shall, during the pendency of
such appeal, restrain the City and its officers from proceeding in any manner to enforce
such notice.
Section 111.2 Decision of the Council.
All appeals under this Code shall be heard by the Council. The Council may affirm in
whole or in part or deny the existence of a violation of this Code, and if the violation is
found to exist, confirm or modify the corrective action to be taken or the order requiring
vacation of the premises and the time allowed for it.
Section 111.3 Correction of Violation by City; Assessment of Cost.
In all cases of violation of this Code to which M.S. 145A.03 through 145A.09 are
applicable, the Sanitarian may proceed as provided in M.S. 145A.03 through 145A.09 to
abate or remove the violation and to have the cost of it specially assessed against the
lot or parcel where the violation was located. In suitable cases, said statutory remedies
and procedure may be used either concurrently with, or separate from, the procedures
prescribed in this Code.
Section 201.3 Terms Defined in Other Codes.
Where terms are not defined in this Code and are defined in the Edina City Code or the
Minnesota State Building Code, such terms shall have the meanings ascribed to them
as stated in those codes.
Section [F] 304.3 Premises Identification.
Buildings shall have approved address numbers according to Edina City Policy.
Section 304.14 Insect Screens.
During the period from May 15 to October 15 every door, window and other outside
opening required for ventilation of habitable rooms, food preparation areas, food service
areas or any areas where products to be included or utilized in food for human
consumption are processed, manufactured, packaged or stored shall be supplied with
approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm),
and every screen door used for insect control shall have a self-closing device in good
working condition.
Section 305.1 General.
The interior of a structure and equipment therein shall be maintained in good repair,
structurally sound and in a sanitary condition. Occupants shall keep that part of the
structure which they occupy or control in a clean and sanitary condition. Every owner of
a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or
more dwelling units or two or more nonresidential occupancies, shall maintain, in a
clean and sanitary condition, the shared or public areas of the structure and exterior
property. The property owner is ultimately responsible for the whole property.
Section 306.1 General.
Every exterior and interior flight of stairs shall have handrails on both sides of the stair.
Exception: Stairs having four or more risers and permitted by the Minnesota State
Building Code to be less than 44" wide may have handrails on one side. Stairs
having less than four risers and permitted by the Minnesota State Building Code to
be less than 44" wide are not required to have handrails.
Every open portion of a stair, landing, balcony, porch, deck, ramp or other walking
surface which is more than 30 inches (762 mm) above the floor or grade below shall
have guards. Handrails shall not be less than 34 inches (864 mm) high or more than 38
inches (965 mm) high measured vertically above the nosing of the tread or above the
finished floor of the landing or walking surfaces. Guards shall not be less than 42 inches
(1067 mm) high above the floor of the landing, balcony, porch, deck, or ramp or other
walking surface.
Exceptions:
1. Guards may be not less than 36 inches (914mm) high where permitted by the
Minnesota Stat Building Code.
2. Guards shall not be required where exempted by the adopted building code.
Section 308.4 Multiple Occupancies.
The owner of a structure containing two or more dwelling units, a multiple occupancy, a
rooming house or a nonresidential structure shall be responsible for extermination in the
public or shared areas of the structure and exterior property. If infestation is caused by
failure of an occupant to prevent such infestation in the area occupied, the occupant
shall be responsible for extermination. Whenever infestation exists in two or more
dwelling units in a dwelling, extermination of the infested areas shall be the
responsibility of the owner and operator.
Section 401.3 Alternative Devices.
In lieu of the means for natural light and ventilation herein prescribed, artificial light or
mechanical ventilation complying with the Minnesota State Building Code shall be
permitted.
Section 402.3 Other Spaces.
All other spaces shall be provided with natural or artificial light to permit the
maintenance of sanitary conditions, and the safe occupancy of the space and utilization
of the appliances, equipment and fixtures. Minimum artificial light shall provide 10 foot
candles of light over the room area at a height of 30 inches.
Section 505.1 General. Amended to read:
Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other
plumbing fixture shall be properly connected to either a public water system or to an
approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs
and showers shall be supplied with hot or tempered and cold running water in
accordance with the Minnesota State Building Code.
Section 602.2 Residential Occupancies.
Dwellings shall be provided with heating facilities capable of maintaining a room
temperature of 68°F (20°C) at a distance 3 feet above floor level in all habitable rooms,
bathrooms and toilet rooms based on the winter outdoor design temperature of —15°F.
Cooking appliances shall not be used to provide space heating to meet the
requirements of this section.
Section 602.3 Heat supply.
Every owner and operator of any building who rents, leases or lets one or more dwelling
units or sleeping units on terms, either expressed or implied, to furnish heat to the
occupants thereof shall supply heat during the period from September 15 to May 15 to
maintain a temperature of not less than 68°F (20°C) at a distance 3 feet above floor
level in all habitable rooms, bathrooms, and toilet rooms.
Exception: When the outdoor temperature is below the winter outdoor design
temperature for the locality, maintenance of the minimum room temperature shall
not be required provided that the heating system is operating at its full design
capacity. The winter outdoor design temperature shall be-15°F.
Section 602.4 Occupiable Work Spaces.
Indoor occupiable work spaces shall be supplied with heat during the period from
September 15 to May 15 to maintain a temperature of not less than 65°F (18°C) at a
distance 3 feet above floor level during the period the spaces are occupied.
Section 604.2 Service.
The size and usage of appliances and equipment shall serve as a basis for determining
the need for additional facilities in accordance with the currently adopted National
Electrical Code. Dwelling units shall be served by a three-wire, 120/240 volt, single-
phase electrical service having a rating of not less than 60 amperes.
Section 605.2 Receptacles.
Every habitable space in a dwelling shall contain at least two separate and remote
receptacle outlets. Every laundry area and bathroom in a dwelling shall contain at least
one receptacle. Any electrical outlet within six feet of a water source or water outlet
shall include operable ground fault circuit interrupter protection.
Section 606.1 General.
Elevators, dumbwaiters and escalators shall be maintained in compliance with
Minnesota Elevators and Related Devices Code. The most current certification of
inspection shall be on display at all times within the elevator or attached to the escalator
or dumbwaiter, or the certificate shall be available for public inspection in the office of
the building operator. The inspection and tests shall be performed at not less than the
periodical intervals listed in Minnesota Elevators and Related Devices Code, except
where otherwise specified by the authority having jurisdiction.
Section 702.1 General.
A safe, continuous and unobstructed path of travel shall be provided from any point in a
building or structure to the public way. Means of egress shall comply with the Minnesota
State Fire Code.
Section 702.2 Aisles.
The required width of aisles in accordance with the Minnesota State Fire Code shall be
unobstructed.
Section 702.3 Locked doors.
All means of egress doors shall be readily openable from the side from which egress is
to be made without the need for keys, special knowledge or effort, except where the
door hardware conforms to that permitted by the Minnesota State Building Code.
Section 702.4 Emergency Escape Openings.
Required emergency escape openings for Group IRC, Group R and Group 1-1 shall
comply with Minnesota State Fire Code Section 1026, Emergency Escape and Rescue.
Section 704.1 General.
All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or
control a fire or any combination thereof shall be maintained in an operable condition at
all times in accordance with the Minnesota State Fire Code.
Section 704.2 Smoke Alarms.
Single or multiple-station smoke alarms shall be installed and maintained in Groups R-
2, R-3, R-4 and in dwellings not regulated in Group R occupancies, regardless of
occupant load at all of the following locations:
1. On the ceiling or wall outside of each separate sleeping area in the immediate
vicinity of bedrooms.
2. In each room used for sleeping purposes.
3. In each story within a dwelling unit, including basements and cellars but not
including crawl spaces and uninhabitable attics. In dwellings or dwelling units with
split levels and without an intervening door between the adjacent levels, a smoke
alarm installed on the upper level shall suffice for the adjacent lower level provided
that the lower level is less than one full story below the upper level.
Single or multiple-station smoke alarms shall be installed in other groups in accordance
with the Minnesota State Fire Code.
Section 725.06 Additions.
The International Property Maintenance Code is amended by adding the following
sections:
Section 603.1.1 Appliance Testing.
Heating appliances shall be tested by a licensed mechanical contractor to verify the
appliance is in a safe working condition when evidence of malfunction, corrosion,
deterioration or excessive interior carbon monoxide is suspected.
Section 705 Carbon Monoxide Alarms.
Carbon monoxide alarms shall be installed in accordance with Minnesota Statute
299F.50-51.
Section 2. This ordinance is effective immediately upon its p ssage and publication.
First Reading: April 20, 2010
Second Reading: Waived
Published: April 29, 2010
Attest: ---
ebra A. g n, City rk James 9. Hovland, Mayor
Please publish in the Edina Sun Current on: Thursday, April 29, 2010
Send two affidavits of publication.
Bill to Edina City Clerk
City of Edina attach clipping
qU (Official Publication)
(April 29,2010)di-Ord 2010-09
newspapers the safe occupancy of the space and utilization of the ap- All systems,devices and equipment to detect a fire,actu-
pliances,equipment and fixtures. Minimum artificial light ate art alarm,or suppress or control a fire or any combi-
AFFIDAVIT OF PUBLICATION shall provide 10 foot caftesotliglltover the room area at nation thereof shall be maintained in an operable oondt-
a height of 30 inches. tion at all times in accordance with the Minnesota State
Fire Code.
STATE OF MINNESOTA ) Section 505.1 General. Amended to read:
SS. Every sink,lavatory,bathtub or shower,drinking fountain, Section 704.2 Smoke Alarms.
water closet or other plumbing fixture shall be properly Single or multiple-station smoke alarms shall be installed
COUNTY OF HENNEPIN ) connected to either a public water system or to an ap- and maintained in Groups R-2,R-3,8-4 and in dwellings
proved regardless of oc-
Richard Hendrickson, being duly sworn on I private bathtubs and Ilshowers shakitchen ll be sutpplied cupaories, not regulated oad at al of the following locations:
with
with hot or tempered and cold running water in actor- 1.On the ceiling or will outside of each separate sleeping
an oath,states or affirms that he is the Chief dance with the'Mirmesota State Building Code. area in the immediate vicinity of bedroome.
Financial Officer of the newspaper(s)known 2.In each room used for sleeping purposes.
aS Section 602.2 Residential Occupancies. 3. In each story within a dwelling unit,including base-
Edina Sun-Current oof�mainttaining room temperatureropof 68 facilities
(20 c)a a disB nents and nabitable aatt css..Ind ut not
odwelling wspaces ith suplit
tance 3 feet above floor level in all habitable rooms,bath- levels and without an intervening door between the adja-
rooms and toilet rooms based on the winter outdoor de- cent levels,a smoke alarm installed on the upper levet
sign temperature of—15?F. Cooking appliances shall not shall suffice or the adjacent lower level provided that the
be used to provide space heating to meet the require- lower level is less than one full story below the upper level.
and has full knowledge of the facts stated ments of this section. Single or multiple-station smoke alarms shall be installed
below: in other groups in accordance with the Minnesota State
Section 602.3 Heat supply. Fire Code.
(A)The newspaper has complied with all of Every owner and operator of any building who rents,leas-
the requirements constituting qualifica- as or lets one or more dwelling units or sleeping units on Section 725.06 Additions.
terms,either expressed or implied,to furnish heat to the. The International Property Maintenance Code is amend-
tion as a qualified newspaper as provid- occupants thereof shall supply heat during the period from ed by adding the following sections:
ed by Minn. Stat. §331 A.O2, §331 A.07, September 15 to May 15 o maintain a temperature of not
less than 68°F(20°C)at a distance 3 feet above floor level Section 603.1.1 Appliance Testing.
and other applicable laws as amended. In all habitable rooms,bathrooms,and toilet rooms. Heating appliances shall be tested by a licensed me-
chanical contractor to verify the appliance is in a safe
(B)The printed public notice that is attached
Exception: When the outdoor temperature is below the working condition when evidence of malfunction,corro-
was published in said newspaper(s) winter outdoor design temperature or the locality,mainte- sion,deterioration or excessive interior carbon monoxide
once each week,for one successive nance of the minimum room temperature shall not be re- is suspected.
quired provided that the heating system is operating at its
week(s);it was first published on Thurs- full design capacity.The winter outdoor design tempera- Section 705 Carbon Monoxide Alarms.
day,the 29 day of April lure shall be-15?F. Carbon
monoxide alabe rms m accordance
Minnesota stl
2010, and was thereafter printed and Section 602.4 Occupiable work spaces.
published On every Thursday to and In- Indoor occupiable work spaces shall be supplied with heat Section 2. This ordinance is effective immediately upon
during the period from September 15 to May 15 to main- its passage and publication.
cluding Thursday, the ____ day of tain a temperature of not less than 65"F(18°C)at a dis-
tance 3 feet above floor level during the period the spaces First Reading: April 20,2010
p are occupied. Second Reading: Waived
below is a copy of the lower case alpha- Published: April 29,2010
bet from A to Z, both inclusive,which is section 604.2 service.
The size and usage of appliances and equipment shall Attest: Debra A.Mangan,City Clerk
hereby acknowledged as being the size serve as a basis or determining the need or additional fa- James B.Hovland,Mayor
and kind oft a used in the composition cilities in accordance with the currently adopted National
type P Electrical Code.Dwelling units shall be served by a three- (April 29,2010)dl-Ord 2010-09
and publication of the notice: wire,120/240 von,single-phase electrical service having
a rating of not less than 60 amperes.
g II nop rstuvwxyz Section 605.2 Receptacles.
Every habitable space in a dwelling shall contain at least
two separate and remote receptacle outlets. Every laun-
dry area and bathroom in a dwelling shall contain at least
one receptacle. Any electrical outlet within six feet of a
water source or water outlet shall include operable ground
BY: fault circuit interrupter protection.
FO Section 606.1 General.
Elevators, dumbwaiters and escalators.shall be majn-
tained in compliance with Minnesota Elevators and Relat-
ed Devices Code. The most current certification of in-
spection shall be on display at all times within the eleva-
Subscribed and sworn to or affirmed for or attached to the escalator or dumbwaiter,or the cer-
before me on this 29 da of tificate shall be available or public inspection in the office
Y of the building operator.The inspection and tests shall be
April 2010, performed at not less than the periodical Intervals listed In
Minnesota Elevators and Related Devices Cade,except
where otherwise specified by the authority having juris-
diction.
S 702.1 General.
ection
Acontinue and unobstructed path of travel shall
Notary Public be provided from any point in a building or structure to the
0 00000 public way.Means of egress shall comply with the Min-
nesota State Fire Code.
JULIA I H E L K E N N Section 702.2 Aisles.
1 The required width of aisles in accordance with the Min-
NOTARyPUBLIC-MINNESOTA nesotaState Fire Code shall beunobstructed.
` 1.,.. r.1y Comm.Expires,lan.11.2015
Section 702.3 Locked doors.
All means of egress doors shall be readily openable from
the side from which egress is to be made-without the need
for keys,special knowledge or effort,except where the
door hardware conforms to that permitted by the Min-
nesota State Building Code.
Section 702.4 Emergency Escape Openings.
Required emergency,escape openings for Group IRC,
Group R and Group 1-1 shall comply with Minnesota State
Fire Code Section 1026,Emergency Escape and Rescue.
Section 704.1 General.
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