HomeMy WebLinkAbout2018-10-25 Affidavit Ordinance 2018-13 Amending City Code Concerning Property Maintenance AFFIDAVIT OF PUBLICATION CITY OF EDINA the structure in violation of the pro- written approval and remove the
ORDINANCE NO.2018-13 visions of this Code or of the order posting whenever the defect or de-
STATE OF MINNESOTAAN ORDINANCE or direction made pursuant thereto. fects upon which the enforcement
COUNTY OF HENNEPIN )ss AMENDING EDINA CITY Any expenses incurred by the City action and posting were based
CODE CONCERNING in carrying out the enforcement of have been eliminated. It shall be
PROPERTY MAINTENANCE the provisions of this Code shall be unlawful for any person to deface,
Darlene MacPherson being duly sworn on an THE CITY OF EDINA ORDAINS: included as a special assessment obscure or remove a posting with-
oath, states Or affirms that he/she is the SECTION 1.Chapter 20,Article against the property. out the approval of the code offi-
Publisher's Designated Agent of the news a- VI of the Edina City Code is amend- Section 107.2 Form. cial. Any person who defaces,ob-
g P ed to read as follows: Such notice prescribed in Sec- scures or removes a posting shall
per(s)known as: Article Vl. - Property Mainte- tion 107.1 shall be in accordance be subject to the penalties provid-
nance with all of the following: ed by this Code.
SC Edina Section 20-352 International 1.Be in writing. Section 108.5 Prohibited Occu-
Property Maintenance Code Ad- 2. Include a description of the pancy.
opted. real estate sufficient for identifica- Any occupied structure posted
with the known office of issue being located The International Property Main- tion. by the code official shall be vacated
in the county of: tenance Code, 2015 Edition, is 3. Include a statement of the as ordered by the code official.Any
HENNEPIN hereby adopted by reference and violation or violations and why the person who shall occupy posted
with additional circulation in the counties of: incorporated herein,subject to the notice is being issued. premises or shall operate posted
amendments set forth in this Sec- 4.Include a correction order al- equipment, and any owner or any
HENNEPIN tion. lowing a reasonable time to make person responsible for the premis-
and has full knowledge of the facts stated Section 20-353 Deletions.The the repairs and improvements re- es who shall let anyone occupy a
below: following sections of the Interna- quired to bring the dwelling unit or posted premises or operate posted
has tional Property Maintenance Code structure into compliance with the equipment shall be liable for the
(A)The newspaper complied Pd with all of are deleted:the definitions of"gar- provisions of this Code. penalties provided by this Code.
the requirements constituting qualifica- bage" and "rubbish" in 202, Sec- 5.Inform the property owner of Section 109.6 Hearing.
tion as a qualified newspaper as provided tions 302.4,303,503.4. the right to appeal. Any person ordered to take
by Minn.Stat.§331A.02. Section 20-354 Amendments. 6. Include a statement of the emergency measures shall comply
(B)This Public Notice was Tinted and pub- The following sections of the In- right to impose a special assess- with such order forthwith. Any af-
P P ternational Property Maintenance ment in accordance with Section fected person shall thereafter,upon
lished in said newspaper(s) Once each Code are amended to read as fol- 106.3. filing a written notice of appeal with
week, for 1 successive week(s); the first lows: Section 108.1 General. the Clerk, be afforded an appeal/
insertion being on 10/25/2018 and the last Section 101.1 Title. When a structure or equipment hearing as described in this Code.
Com-
insertion being on 10/25/2018. These regulations shall be is found by the code official to be Section 110.3 Failure to Com-
g known as the Property Mainte- unsafe,or when a structure is found ply.
nance Code of the City of Edina unfit for human occupancy, or is If the owner of a premises fails
MORTGAGE FORECLOSURE NOTICES hereinafter referred to as "this found unlawful,such structure shall to comply with a demolition order
Pursuant to Minnesota Stat. §580.033 Code' be subject to the provisions of this within thetime prescribed,the code
Section 102.3 Application of Code. official shall cause the structure to
relating to the publication of mortgage Other Codes. Section 108.2 Closing of Vacant be demolished and removed,either
foreclosure notices: The newspaper complies Repairs,additions,or alterations Structures. through an available public agency
with the conditions described in §580.033, to a structure,or changes of occu- If the structure is vacant and or by contract or arrangement with
subd. 1, clause(1) or(2). If the newspaper's pancy,shall be done in accordance unfit for human habitation and oc- private persons,and the cost there-
with the procedures and provisions cupancy, and is not in danger of of assessed to the real estate upon
known Office of issue is located in a County of the Edina City Code. structural collapse,the code official which the structure is located.
adjoining the county where the mortgaged Section 102.7 Referenced is authorized to post the premises Section 110.5 Correction of Vio-
premises or some part of the mortgaged Codes and Standards. and order the structure closed up lation by City;Assessment of Cost.
premises described in the notice are located, The codes and standards refer- so as not to be an attractive nui- In all cases of violation of this
enced in this Code shall mean the sance. Upon failure of the owner Code to which M.S. 145A.03
a substantial portion Of the newspaper's applicable provision of the Edina to close up the premises within the through 145A.09 are applicable,
circulation is in the latter county. City Code; whichever is the most time specified in the order,the code the code official may proceed as
restrictive requirement permitted official shall cause the premises to provided in M.S. 145A.03 through
under statute and considered part be closed and secured through 145A.09 to abate or remove the
of the requirements of this Code to any available public agency or by violation and to have the cost of it
By: Cj,�W2S��.` the prescribed extent of each such contract or arrangement by private specially assessed against the lot
Designated Agent reference.Where differences occur persons and the cost thereof shall or parcel where the violation was
between provisions of this Code be assessed to the real estate upon located. In suitable cases, said
and the referenced standards,the which the structure is located. statutory remedies and procedure
Subscribed and sworn to or affirmed before provisions of this Code shall apply Section 108.3 Notice. may be used either concurrently
me on 10/25/2018 by Darlene MacPherson. unless preempted by or in conflict Whenever the code official has with,or separate from,the proce-
with the State Building Code. determined a structure or equip- dures prescribed in this Code.
Section 103.2 Appointment. ment is unsafe,a structure is unfit Section 111.1 Application for
The City Manager or the City for human occupancy or a structure Appeal.
Manager's designated agents shall is unlawful under the provisions of Any person directly aggrieved
be the code official responsible for this section,notice shall be posted by a notice issued under this Code,
the administration and enforcement in a conspicuous place in or about may within ten days after service
of this Code. the structure affected by such no- of the same,appeal to the Council
Section 103.5 Fees. tice and served on the owner or by filing a written notice of appeal
Notary Public The fees for activities and ser- the person or persons responsible with the Clerk.In the case of an ap-
vices performed by the City in car- for the structure or equipment in peal from a notice issued to vacate
rying out its responsibilities under accordance with Section 107.3. If pending elimination of imminent
this Code shall be as indicated in the notice pertains to equipment, dangers,the appeal shall be heard
Edina City Code Chapter 2,Article it shall also be placed on the un- as soon as possible after the time
"i ;,'.;•., Jessica L Crabb 8,Division 2. safe equipment.The notice shall be of filing.In the case of appeals from
Notary PI.Ibaic Section 106.3 Prosecution of in the form prescribed in Section other notices, the appeal shall be
I-
Minnesota Violation. 107.2. heard at such time as may be es-
:;&,r ;
fly Commission Expires January 31,2023 Any person failing to comply Section 108.4 Posting. tablished by the Council, but the
with a notice of violation or order Upon failure of the owner or per- taking of an appeal from a notice
served in accordance with Section son responsible to comply with the other than one to vacate pending
107 shall be deemed guilty of a mis- notice provisions within the time the elimination of imminent dan-
demeanor and the violation shall be given,the code official shall place gers shall,during the pendency of
Rate Information: deemed a strict liability offense. If a posting on the premises or on the such appeal, restrain the City and
the notice of violation is not com- defective equipment which shall its officers from proceeding in any
(1)Lowest classified rate paid by commercial users plied with, the code official shall provide a statement of the penal- manner to enforce such notice.
for comparable space: institute the appropriate proceed- ties for occupying the premises or Section 111.2 Decision of the
$34.45 per column inch ing at law or in equity to restrain, operating the equipment. Council.
correct or abate such violation, or Section 108.4.1 Posting Re- All appeals under this Code shall
Ad ID 871379 to require the removal or termina- moval. be heard by the Council.The Coun-
tion of the unlawful occupancy of The code official shall provide cil may affirm in whole or in part or
deny the existence of a violation ly anchored or are not capable of 6.Wood that has been subjected ical ventilation complying with the
of this Code,and if the violation is supporting all nominal loads and to any of the following conditions: Minnesota State Building Code
found to exist, confirm or modify resisting all load effects. 6.1.Ultimate deformation; shall be permitted.
the corrective action to be taken Exceptions: 6.2.Deterioration; Section 505.1 General. Amend-
or the order requiring vacation of 1. Where substantiated other- 6.3. Damage from insects, ro- ed to read:
the premises and the time allowed wise by an approved method. dents and other vermin; Every sink, lavatory, bathtub or
for it. 2. Demolition of unsafe condi- 6.4. Fire damage beyond char- shower, drinking fountain, water
Section 201.3 Terms Defined in tions shall be permitted when ap- ring; closet or other plumbing fixture
Other Codes. proved by the code official. 6.5. Significant splits and shall be properly connected to ei-
Where terms are not defined in Section 306 Component Ser- checks; ther a public water system or to an
this Code and are defined in the viceability 6.6.Horizontal shear cracks; approved private water system.All
Edina City Code or the Minnesota 306.1 General. The compo- 6.7.Vertical shear cracks; kitchen sinks, lavatories, laundry
State Building Code, such terms nents of a structure and equipment 6.8.Inadequate support; facilities, bathtubs and showers
shall have the meanings ascribed therein shall be maintained in good 6.9.Detached,dislodged or fail- shall be supplied with hot or tem-
to them as stated in those codes. repair, structurally sound and in a ing connections; pered and cold running water in ac-
Section [F] 304.3 Premises sanitary condition. or cordance with the Minnesota State
Identification. 306.1.1 Unsafe conditions. 6.10. Excessive cutting and Plumbing Code.
Buildings shall have approved Where any of the following con- notching. Section 602.2 Residential Oc-
address numbers according to Edi- ditions cause the component or Exceptions: cupancies.
na City Policy. system to be beyond its limit state, 1. Where substantiated other- Dwellings shall be provided with
Section 304.14 Insect Screens, the component or system shall be wise by an approved method. heating facilities capable of main-
During the period from May 15 determined as unsafe and shall be 2. Demolition of unsafe condi- taining a room temperature of 68'F
to October 15 every door,window repaired or replaced to comply with tions shall be permitted where ap- (20"C) at a distance 3 feet above
and other outside opening required the Minnesota State Building Code: proved by the code official. floor level in all habitable rooms,
for ventilation of habitable rooms, 1.Soils that have been subject- Section 307.1 General. bathrooms and toilet rooms based
food preparation areas, food ser- ed to any of the following condi- Every exterior and interior flight on the winter outdoor design tem-
vice areas or any areas where tions: of stairs shall have handrails on perature of -15?F. Cooking appli-
products to be included or utilized 1.1.Collapse of footing or foun- both sides of the stair. ances shall not be used to provide
in food for human consumption are dation system; Exception: Stairs having four space heating to meet the require-
processed, manufactured, pack- 1.2. Damage to footing, foun- or more risers and permitted by the ments of this section.
aged or stored shall be supplied dation,concrete or other structural Minnesota State Building Code to Section 602.3 Heat supply.
with approved tightly fitting screens element due to soil expansion; be less than 44" wide may have Every owner and operator of any
of not less than 16 mesh per inch 1.3.Adverse effects to the de- handrails on one side. Stairs hav- building who rents, leases or lets
(16 mesh per 25 mm), and every sign strength of footing, founda- ing less than four risers and permit- one or more dwelling units or sleep-
screen door used for insect control tion, concrete or other structural ted by the Minnesota State Building ing units on terms,either expressed
shall have a self-closing device in element due to a chemical reaction Code to be less than 44"wide are or implied, to furnish heat to the
good working condition. from the soil; not required to have handrails. occupants thereof shall supply
Section 305.1 General. 1.4. Inadequate soil as deter- Every open portion of a stair, heat during the period from Sep-
The interior of a structure and mined by a geotechnical investi- landing, balcony, porch, deck, tember 15 to May 15 to maintain a
equipment therein shall be main- gation; ramp or other walking surface temperature of not less than 68°F
tained in good repair, structurally 1.5.Where the allowable bearing which is more than 30 inches(762 (20°C) at a distance 3 feet above
sound and in a sanitary condition. capacity of the soil is in doubt;or mm)above the floor or grade below floor level in all habitable rooms,
Occupants shall keep that part of 1.6.Adverse effects to the foot- shall have guards. Handrails shall bathrooms,and toilet rooms.
the structure which they occupy ing, foundation, concrete or oth- not be less than 34 inches (864 Exception: When the outdoor
or control in a clean and sanitary er structural element due to the mm) high or more than 38 inches temperature is below the winter
condition. Every owner of a struc- ground water table. (965 mm)high measured vertically outdoor design temperature for
ture containing a rooming house, 2.Concrete that has been sub- above the nosing of the tread or the locality, maintenance of the
housekeeping units,a hotel,a dor- jected to any of the following con- above the finished floor of the land- minimum room temperature shall
mitory,two or more dwelling units ditions: ing or walking surfaces. Guards not be required provided that the
or two or more nonresidential occu- 2.1.Deterioration; shall not be less than 42 inches heating system is operating at its
pancies, shall maintain, in a clean 2.2.Ultimate deformation; (1067 mm)high above the floor of full design capacity. The winter
and sanitary condition,the shared 2.3.Fractures; the landing, balcony, porch, deck, outdoor design temperature shall
or public areas of the structure and 2.4.Fissures; or ramp or other walking surface. be-15?F.
exterior property. The property 2.5.Spalling; Exceptions: Section 602.4 Occupiable Work
owner is ultimately responsible for 2.6.Exposed reinforcement;or 1. Guards may be not less Spaces.
the whole property. 2.7.Detached,dislodged or fail- than 36 inches(914mm)high where Indoor occupiable work spaces
Section 305.1.1 Unsafe condi- ing connections. permitted by the Minnesota State shall be supplied with heat during
tions 3.Aluminum that has been sub- Building Code. the period from September 15 to
The following conditions shall be jected to any of the following con- 2. Guards shall not be re- May 15 to maintain a temperature
determined as unsafe and shall be ditions: quired where exempted by the ad- of not less than 65°F (18"C) at a
repaired or replaced to comply with 3.1.Deterioration; opted building code. distance 3 feet above floor level
Minnesota State Building Code: 3.2.Corrosion; 3. Existing handrails and during the period the spaces are
1. The nominal strength of any 3.3.Elastic deformation; guardrails must be maintained to occupied.
structural member is exceeded by 3.4.Ultimate deformation; comply with the Minnesota State Section 606.1 General.
nominal loads, the load effects or 3.5.Stress or strain cracks; Building Code in effect at the time Elevators, dumbwaiters and
the required strength; 3.6.Joint fatigue;or of installation. escalators shall be maintained in
2. The anchorage of the floor 3.7.Detached,dislodged or fail- Section 309.4 Multiple Occu- compliance with Minnesota Ele-
or roof to walls or columns,and of ing connections. pancies, vators and Related Devices Code.
walls and columns to foundations 4. Masonry that has been sub- The owner of a structure con- The most current certification of
is not capable of resisting all nomi- jected to any of the following con- taining two or more dwelling units, inspection shall be on display at
nal loads or load effects; ditions: a multiple occupancy, a rooming all times within the elevator or at-
3. Structures or components 4.1.Deterioration; house or a nonresidential structure tached to the escalator or dumb-
thereof that have reached their limit 4.2.Ultimate deformation; shall be responsible for extermina- waiter, or the certificate shall be
state; 4.3. Fractures in masonry or tion in the public or shared areas of available for public inspection in
4.Structural members are inca- mortarjoints; the structure and exterior property. the office of the building opera-
pable of supporting nominal loads 4.4.Fissures in masonry or mor- If infestation is caused by failure of tor.The inspection and tests shall
and load effects; tarjoints; an occupant to prevent such infes- be performed at not less than the
5. Stairs, landings, balconies 4.5.Spalling; tation in the area occupied,the oc- periodical intervals listed in Minne-
and all similar walking surfaces, 4.6.Exposed reinforcement;or cupant shall be responsible for ex- sota Elevators and Related Devic-
including guards and handrails,are 4.7.Detached,dislodged or fail- termination. Whenever infestation es Code, except where otherwise
not structurally sound,not properly ing connections. exists in two or more dwelling units specified by the authority having
anchored or are anchored with con- 5.Steel that has been subjected in a dwelling, extermination of the jurisdiction.
nections not capable of supporting to any of the following conditions: infested areas shall be the respon- Section 702.1 General.
all nominal loads and resisting all 5.1.Deterioration; sibility of the owner and operator. A safe, continuous and unob-
load effects; 5.2.Elastic deformation; Section 401.3 Altemative De- structed path of travel shall be pro-
6. Foundation systems that are 5.3.Ultimate deformation; vices, vided from any point in a building or
not firmly supported by footings 5.4.Metal fatigue;or In lieu of the means for natural structure to the public way.Means
are not plumb and free from open 5.5.Detached,dislodged or fail- light and ventilation herein pre- of egress shall comply with the
cracks and breaks,are not proper- ing connections. scribed, artificial light or mechan- Minnesota State Fire Code.
Section 702.2 Aisles. a public street;
The required width of aisles in (3) A parcel of land may have
accordance with the Minnesota any portable storage container on
State Fire Code shall be unob- it no longer than 30 consecutive
structed. days.
Section 702.3 Locked doors. (4) A portable storage contain-
All means of egress doors shall er may remain on the parcel longer
be readily openable from the side than 30 days if it is being used in
from which egress is to be made conjunction with remodeling or oth-
without the need for keys, special er construction on the site but only
knowledge or effort,except where for no longer than 180 days in any
the door hardware conforms to that twelve-month period;
permitted by the Minnesota State (5) The City may allow storage
Building Code. of a portable storage container on
Section 702.4 Emergency Es- a property beyond 30 days in the
cape Openings. case of hardship;
Required emergency escape (6) The portable storage con-
openings for Group IRC, Group R tainer must have attached to it a
and Group 1-1 shall comply with placard that includes the date of
Minnesota State Fire Code Sec- placement on the property,the date
tion 1029, Emergency Escape and that removal is scheduled to occur,
Rescue. and the local telephone number of
Section 704.1 General. the owner of the container,
All systems,devices and equip- (7) The total size of all portable
ment to detect a fire, actuate an storage containers simultaneously
alarm,or suppress or control a fire on a parcel of land cannot exceed
or any combination thereof shall be 2000 cubic feet;
maintained in an operable condi- (8) A portable storage container
tion at all times in accordance with must be maintained in a reasonably
the Minnesota State Fire Code. sound condition,with no holes and
Section 704.2.4 Smoke Detec- little rust or peeling paint.
tion System. Section 603.1.1 Appliance Test-
Smoke detectors listed in accor- ing.
dance with UL 268 and provided as Heating appliances shall be
part of the building's fire alarm sys- tested by a licensed mechanical
tem shall be an acceptable alterna- contractor to verify the appliance
tive to single-and multiple-station is in a safe working condition when
smoke alarms and shall comply evidence of malfunction,corrosion,
with the following: deterioration or excessive interior
1. The fire alarm system shall carbon monoxide is suspected.
comply with all applicable require- Section 705 Carbon Monoxide
ments in Minnesota State Fire Code Alarms.
2.Activation of a smoke detec- Carbon monoxide alarms shall
for in a dwelling or sleeping unit be installed in accordance with
shall initiate alarm notification in Minnesota Statute 299F.50-51.
the dwelling or sleeping unit in ac- Section 2. This or-
cordance with Minnesota State Fire dinance is effective immediately
Code. upon its passage and publication.
3.Activation of a smoke detec- First Reading:
for in a dwelling or sleeping unit October 13,2018
shall not activate alarm notification Second Reading: Waived
appliances outside of the dwelling Attest: Debra A. Mangen, City
or sleeping unit, provided that a Clerk
supervisory signal is generated and ,lames B.Hovland,Mayor
monitored in accordance with Min- Published in the
nesota State Fire Code. Edina Sun Current
Section 20-356 Additions. October 25,2018
The International Property Main- 871379
tenance Code is amended by add-
ing the following sections:
Section 302.10 Temporary Por-
table Storage Containers.
A temporary portable storage
container means a"unit that is con-
structed to be portable and capa-
ble of movement from one site to
another,that can be or is used for
the storage of personal property of
any kind,that is located outside of
an enclosed building,that is larger
than 40 cubic feet,and that is not
a permanent accessory building or
shed complying with all building
codes and zoning requirements."
A person must not cause, un-
dertake,permit or allow the place-
ment or existence of a portable
storage container outside on prop-
erty that is a single family or two
family residence unless it complies
with the following requirements:
(1) A portable storage container
must be placed only on a paved or
graveled parking or driveway area
as far away from the public street
as reasonably possible, or on an-
other area approved by the City;
(2) A portable storage container
may not be on the paved portion of