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HomeMy WebLinkAboutCCAgen_25 April12CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA April 25 , 2012 A. CALL TO ORDER: B. ROLL CALL: LI NDSTROM ____ HARRIS ____ GOSLINE ____ LONG ____ MERCER -TAYLOR ____ FISCHER ____ C. PRESENTATIONS : 1. 2011 Audit Presentation - Kern, DeWenter, Viere D . A P PROVAL OF MINUTES: April 11 , 2012 E. PUBLIC HEARINGS: F. CONSENT AGENDA: 1. General Disbursements through 4/20 /2012: $114,597.79 Payroll through 4/12 /2012: $16,239.22 2. City License Renewal 3. Appointment of Firefighter 4. Merwin’s Liquor Tobacco Compliance G: POLICY ITEMS : 1. Ordinance adopting the International Property Maintenance Code H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J. ADJOURNMENT: CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA April 11 , 2012 A. CALL TO ORDER: B. ROLL CALL: LI NDSTROM _X_ HARRIS _X _ GOSLINE _X _ LONG _X_ MERCER -TAYLOR _X _ FISCHER _X _ C. PRESE NTATIONS : 1. Northwest Youth and Family Services Presentation -Jerry Hromatka , Executive Director D . A P PROVAL OF MINUTES: March 28 , 2012 E. PUBLIC HEARINGS: F. CONSENT AGENDA: Chuck Long Moved Approval 5 -0 1. G eneral Disbursements through 4/5 /2012: $132,746.33 Payroll through 3/31/2012: $15,401.13 2. City License Renewal 3. Opposing Marriage Amendment Resolution G: POLICY ITEMS : H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J. ADJOURNMENT: 7 :57pm REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item General Disbursements and Payroll Description Ge neral Disbursements through 4 /20 /2012: $114,597 .79 Payroll through 4 /12 /2012: $16,239.22 Budget Impact Att achment(s) General Disbursements and Payroll Action(s) Requested Staff recommends that the Falcon Heights City Council approve general disbursements and payroll. Meeting Date April 25 , 201 2 Agenda Item Consent F1 Attachment General Disbursements and Payroll Submitted By Roland Olson, Finance Director REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item City License Applications Description The following individuals have applied for a Liquor License and Restaurant License for 2012. Staff has received the necessary documents for licensure. 1. New Fresh Wok The following individuals have applied for a Mechanical License for 2012 . Staff has received the necessary documents for licensure. 1. Binder Heating and Air Conditioning Inc . 2. Genz -Ryan Plumbing & Heating Budget Impact Att achment(s) N/A Action(s) Requested Staff recommends that the Falcon Heights City Council approve the 2012 City License Applications Meeting Date April 25 , 201 2 Agenda Item Consent F 2 Attachment Submitted By Jessica Anderson , Office Assistant REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Appointment of Firefighter Description The Falcon Heights Fire Department recommends hiring Jonny W Briones who has met the qualifica tions for the vacant firefighter position. Budget Impact N/A Att achment(s) N/A Action(s) Requested Staff recommends that the Falcon Heights City Council a pprove Jonny W Briones as a City of Falcon Heights Firefighter. Meeting Date April 25 , 2011 Agenda Item Consent F3 Attachment Submitted By Clem Kurhajetz, Fire Chief REQUEST FOR COUNCIL ACTION Families, F ields and Fair __________________________ The City That Soars! Item Merwin’s Liquor Tobacco C ompliance Description Recently, the Police Department conducted a regular tobacco compliance check on local businesses. An employee of Merwin’s Liquor did sell tobacco to a 17 year old in violation of Falcon Heights City Code. In response to this viol ation, City Attorney Roger Knutson provided the attached Hearing Notice Regarding Alleged Tobacco License Violations and Stipulation of Facts and Civil Sanctions. Merwin’s could either sign the Stipulation of Facts and Civil Sanctions and send in the fine amount, or they could be present at the hearing. The City Administrator has made contact with a Merwin’s representative, who plans to send in the fine amount and signed Stipulation of Facts and Civil Sanctions. They have also apologized for the violatio n and have indicated they are taking care of the situation internally. At the Council Meeting, one of 2 things is possible. If we have the Stipulation of Facts and Civil Sanctions as well as the fine amount, Staff will ask Council to formalize the Stipul ation of Facts and Civil Sanctions under the Consent Agenda . If we do not have the document and fine amount, the Council will need to conduct the hearing. Staff anticipates the fine amount and Stipulation of Facts and Civil Sanctions will be present by t he time of the meeting on Wednesday, April 25, 2012. Budget Impact None Att achment(s) -Stipulation of Facts and Civil Sanctions -Hearing Notice Regarding Alleged Tobacco License Violations Action(s) Requested -If the Stipulation of Facts and Civil Sanct ions and fine amount have been received by Wednesday, April 25, 2012: A motion to formalize the approval of the Stipulation of Facts and Civil Sanctions with Merwin’s Liquor. -If the Stipulation of Facts and Civil Sanctions and fine amount have not been received: Meeting Date April 25 , 201 2 Agenda Item F4, Consent Attachment -Stipulation of Facts and Civil Sanctions -Hearing Notice Regarding Alleged Tobacco License Violations Submitted By Bart Fischer, City Administrator Council will conduct a hearing pursuant to the Falcon Heights City Code. REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Description To address a need for stronger and more specific e nforcement tools to confront deficient maintenance on certain properties in Falcon Heights, both vacant and occupied, the City Council has expressed an interest in adopting by reference the International Property Maintenance Code into the Falcon Heights Ci ty Code. Background Earlier in 2012, the Falcon Heights City Council considered adopting and implementing registration of vacant properties in response to property owner complaints about a small number of unoccupied homes in the City. After workshop disc ussion, the Council opted instead for strengthening code enforcement that could be applied to vacant and occupied “problem” properties alike. Staff recommended the adoption of the International Property Maintenance Code. Like the Minnesota State Fire Code and the Minnesota State Building Code, the International Property Maintenance Code is a model code available for adoption by reference and use by jurisdictions. The IPMC was compiled and is kept updated by the International Code Council and is used by many cities in the United States and internationally. The IPMC goes into significantly more detail than the existing Falcon Heights code on maintenance standards. This should make it easier to determine when a violation exists, provide “chapter and verse” fo r enforcement notices and proceedings and create better defined minimum standards for determining when a violation has been corrected. At the time of adoption , a jurisdiction should insert appropriate provisions requiring specific local information, such a s deletion of provisions that are already provided for in the local code and acknowledging other codes adopted by reference where these differ from those cited in the model. The proposed ordinance includes a number of these insertions and deletions (see a ttached list). The City has one printed copy of the IPMC. The document can be read online at http://publicecodes.citation.com/icod/ipmc/2012/index.htm Budget Impact Unknown Att achm ent(s) • Draf t Ordinance 12 -03 adopting the IPMC • Staff notes on deletions and amendments in the ordinance Action(s) Requested • Approve Ordinance 1 2 -0 3 Meeting Date April 25 , 2012 Agenda Item G1, Policy Title Ordinance adopting the International Property Maintenance Code Submitted By Deborah Jones, Director of Zoning and Planning 163126v01 RNK:03/09/2012 1 ORDINANCE NO. 12 -03 CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 105 OF THE FALCON HEIGHTS CITY CODE CONCERNING PROPERTY MAINTENANCE THE CITY COUNCIL OF FALCON HEIGHTS ORDAINS: SECTION 1 . Chapter 105 , Article III of the Falcon Heights City Code is amended in its entirety to read as follows: Article III - Property Maintenance Section 105 .56 General Requirements. The requirements of this article apply to all buildings, stru ctures and property within the C ity. All bui ldings 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 eff ect at the time of construction or installation. Section 105 .57 Purpose . The purpose of this Article is to protect, preserve, and promote the physical and mental health of the people, investigate and control communicable diseases, regulate privately and p ublicly 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 res ponsibilities of owners, operators and occupants of dwellings; and (iii) provides for the administration and enforcement of this Article . Section 105 .58 International Property Maintenance Code Adopted. The International Property Maintenance Code, 2012 Edi tion, is hereby adopted by reference and incorporated herein, subject to the amendments set forth in this Article . Section 105 .59 Deletions . The following sections of the International Property Maintenance Code are deleted: 302.4, 302.8, 303, 307, 404.5, 503.4, Chapter 8 all sections. 163126v01 RNK:03/09/2012 2 Section 105 .60 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 t he City of Falcon Heights 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 M innesota State Building Code and Falcon Heights City Code. Section 102.7 Referenced Codes and Standards. The codes and standards referenced in this Code shall mean the applicable provision of the Falcon Heights 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 Administrator or the City Administrator ’s designated agents shall be the code official responsible for the admin istration and enforcement of this Code. Section 103.5 Fees . The fees for activities and services performed by the C ity in carrying out its responsibilities under this Code shall be adopted by Resolution of the City Council . Section 1 06.3 Prosecution of V iolation. 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 complie d 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 thi s 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 pr escribed 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 issue d. 163126v01 RNK:03/09/2012 3 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. Incl ude 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 f ound 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 offic ial 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 clo sed 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 st ructure is located. Section 108.3 Notice . Whenever the code official has determ ined a structure or equipment is unsafe, a structure is unfit for human occupancy or a structure is unlawful under the provisions of this Article , 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 wer e 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 Co de. 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 163126v01 RNK:03/09/2012 4 any owner or any person respons ible 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 fort hwith. 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 premise fails to comply with a demolition orde r 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 whic h 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. I n 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 en force 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, conf irm 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 th rough 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 112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order , except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilt of a misdemeanor. Section 201.3 Terms Defined in Other Codes. Where terms are not defined in this Code and are defined in the Falcon Heights City Code or the Minnesota State Building Code, such terms shall have the meanings ascribed to them as stated in those codes. 163126v01 RNK:03/09/2012 5 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 fit ting 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 respo nsible 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 les s 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, de ck, 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 tha n 36 inches (914mm) high where permitted by th e 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 m ultiple 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. 163126v01 RNK:03/09/2012 6 Section 401.3 Alt ernative 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 o ver 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 a pproved 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 term s, 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, b athrooms, 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 fu ll 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 peri od 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 s hall be served by a three -wire, 120/240 volt, single -phase electrical service having a rating of not less than 60 amperes. 163126v01 RNK:03/09/2012 7 Section 605.2 Receptacles . Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. E very 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 . Elevato rs, 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 Minne sota 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 D oors. All means of egress doors shall be readily openable from the side from which egre ss 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 I -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 combinatio n 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 dwel lings 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 163126v01 RNK:03/09/2012 8 without an intervening door between the adjacent levels, a smoke alarm ins talled 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 Minnesot a State Fire Code. SECTION 2 . This ordinance is effective immediately upon its passage and publication. ADOPTED this ______ day of _______________, 2012, by the City Council of Falcon Heights, Minnesota. CITY OF FALCON HEIGHTS BY: ______________________________ Peter Lindstrom, Mayor ATTEST: ___________________________________ Bart Fisher , City Administrator/Clerk 1 IPMC Ordinance Staff Notes I PM C Ordinance Notes 105.59 Deletions These are the sections listed for deletion in the ordinance because they do not apply in Falcon Heights or are provided for elsewhere in the City Code. 302.4 – Weeds All premises and exterior property shall be maintained free from weeds or plant growth in excess of [JURISDICTION TO INSERT HEIGHT IN INCHES]. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be auth orized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. 302.8 Motor Vehicles Except as provided for in other regulations , no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibi ted unless conducted inside an approved spray booth. Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved fo r such purposes. 303 Swimming Pools, Spas and Hot Tubs 303.1 Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition, and in good repair. 303.2 Enclosures. Private swimming pools, hot tubs and spas, containing water more t han 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier at least 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be se lf -closing and self -latching. Where the self -latching device is a minimum of 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self -closing and self -latching gates shall be maintained 2 IPMC Ordinance Staff Notes suc h that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. E xception: Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section. 307 Handrails and Guardrails 307.1 General. Every exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) a bove the floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) in height or more than 42 inches (1067 mm) in height measured vertically above the nosing of the tread or above the finished floor of the landing or walkin g surfaces. Guards shall not be less than 30 inches (762 mm) in height above the floor of the landing, balcony, porch, deck, or ramp or other walking surface. Exception: Guards shall not be required where exempted by the adopted building code. 404.5 Ove rcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 404.5. TABLE 404.5 MINIMUM AREA REQUIREMENTS SPACE MINIMUM AREA IN SQUARE FEET 1 -2 occupants 3 -5 occupants 6 or more occupants Living room a, b 120 120 150 Dining room a, b No requirement 80 100 Bedrooms Shall comply with Section 404.4.1 For SI: 1 square foot = 0.093 m 2 . a. See Section 404.5.2 for combined living room/dining room spaces. b. See Section 404.5.1 for limitations on determi ning the minimum occupancy area for sleeping purposes. [P] 503.4 Floor surface. In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition. 3 IPMC Ordinance Staff Notes Chapter 8 all sections - Referenced Standards . Applicable standards are given the text of the ordinance. 105.60 Amendments 101.1 Title. These regulations shall be known as the International Property Maintenance Code of [NAME OF JURI SDICTION], Property Maintenance Code of the City of Falcon Heights hereinafter referred to as "this code.” 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the p rocedures and provisions of the Minnesota State Building Code and Falcon Heights City Code International Building Code, International Energy Conservation Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, Internatio nal Residential Code, International Plumbing Code and NFPA 70. Nothing in this code shall be construed to cancel, modify or set aside any provision of the International Zoning Code . Section 102.7 Referenced Codes and Standards. The codes and standards referenced in this Code shall mean the applicable provision of the Falcon Heights City Code or Minnesota State Building Code, whichever is the most restrictive requirement permitted under statute and considered part of the requireme nts 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 be those that are listed in Chapter 8 and considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.7.1 and 102.7.2. Exception: Where enforcement of a code provision would v iolate the conditions of the listing of the equipment or appliance, the conditions of the listing shall apply . Section 103.2 Appointment. The City Administrator or the City Administrator’s designated agents shall be the code official responsible for the a dministratio n and enforcement of this Code. The code official shall be appointed by the chief appointing authority of the jurisdiction. Section 103.5 Fees. The fees for activities and services performed by the City in carrying out its responsibilities un der this Code shall be adopted by Resolution of the City Council the department in carrying out its responsibilities under this code shall be as indicated in the following schedule. [JURISDICTION TO INSERT APPROPRIATE SCHEDULE.] 4 IPMC Ordinance Staff Notes 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 or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this Code or of the order or direction made pursuant thereto. Any 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. action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. 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 issue d. 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 file a lien . 6. I nclude 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 condemned pursuant 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 c ollapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be assessed to charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource . Section 108.3 Notice. Whenever the code official has determined a structure or equipment is unsafe, a structur e is unfit for human occupancy or a structure is unlawful under the provisions of this Article condemned a structure or equipment under the provisions of this section , notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Section 5 IPMC Ordinance Staff Notes 107.3. If the notice pertains to equipment, it shall also be placed on the unsafe condemned equipment. The notice shall be in the form prescribed in Section 107.2. Section 108.4 Posting . Placarding. 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 post on the premises or on the defect ive equipment which shall provide a placard bearing the word "Condemned” and a statement of the penalties provided for occupying the premises or operating the equipment or removing the placard . Section 108.4.1 Posting Removal. The code official shall prov ide 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 condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy posted placarded premises or shall operate posted placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a posted placarded premises or operate posted placarded 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 petition directed to the appeals board , be afforded an appeal/hearing a heari ng as described in this Code. Section 110.3 Failure to Comply. If the owner of a premise 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 availa ble public agency or by contract or arrangement with private persons, and the cost thereof assessed to of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate . S ection 111.1 Application for Appeal. Any person directly aggrieved by a decision of the code official or a notice or order issued under this Code, may within ten days after service of the same, appeal to the Council by filing a written notice of appeal wit h 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 su ch 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 an y manner to enforce such notice. shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed 6 IPMC Ordinance Staff Notes within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. 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 act ion to be taken or the order requiring vacation of the premises and the time allowed for it. 111.2 Membership of board. The board of appeals shall consist of a minimum of three members who are qualified by experience and training to pass on matters perta ining to property maintenance and who are not employees of the jurisdiction. The code official shall be an ex -officio member but shall have no vote on any matter before the board. The board shall be appointed by the chief appointing authority, and shall se rve staggered and overlapping terms. 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 sepa rate from, the procedures prescribed in this Code. 111.3 Notice of meeting. The board shall meet upon notice from the chairman, within 20 days of the filing of an appeal, or at stated periodic meetings. Section 112.4 Failure to comply. Any person who sh all 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 guilt of a misdemeanor. Whenever the code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the code official is authorized to issue a stop work order. Section 201.3 Terms Defined in Other Codes. Where terms are not defined in this Code and are defined in the Falcon Heights City Code or the Minnesota State Building Code International Building Code, International Existing Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Plumbing Code, International Residential Code, International Zoning Code or NFPA 70 , such terms shall have the meanings ascribed to them as stated in those codes. Section 304.14 Insect Screens. During the period from May 15 to October 15 every door, windo w and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any 7 IPMC Ordinance Staff Notes areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall b e 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. Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. 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 shal l 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 occu pancies, 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. The components of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Every exterior and interior flight of stairs shall have handrails on both sides of the stair. Exception: Stairs having four or more risers and permitte d 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 m m) 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 e Building Code. 2. Guards shall not be required where exempted by the adopted building code. Section 308.4 Multiple Occupancies. [Note: Should be 309.4.] 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 pest elimination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant and owner shall be responsible for extermination. Whenever infestation exists in two or 8 IPMC Ordinance Staff Notes more dwelling units in a dwelling, extermin ation 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 M innesota State International Building Code shall be permitted. Section 402.3 Other Spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures. 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 sin ks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the Minnesota State Building International Plumbing Code. Section 602.2 Residential Occupancies. Dwellings shall be p rovided 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 for the locality indicated in Appendix D of the International Plumbing Code . Cooking appliances shall not be used , nor shall portable unvented fuel -burning space heaters be used, as a means to provide required heating to provide space heating to meet the requirements of t his section . Exception: In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained . Section 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or m ore 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 minimum temperature of not less than 68°F (20°C) at a distanc e 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 pro vided that the heating system is operating at its full design capacity. The winter outdoor design temperature shall be –15○F. Exceptions: 9 IPMC Ordinance Staff Notes 1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code. 2. In a reas where the average monthly temperature is above 30°F (-1°C) a minimum temperature of 65°F (18°C) shall be maintained. Section 602.4 Occupiable Work Spaces. Indoor occupiable work spaces shall be supplied with heat during the period from September 15 t o May 15 to maintain a minimum temperature of not less than 65°F (18°C) at a distance 3 feet above floor level during the period the spaces are occupied. Exceptions: 1. Processing, storage and operation areas that require cooling or special temperature c onditions. 2. Areas in which persons are primarily engaged in vigorous physical activities. 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 NFPA 70 . Dwelling units shall be served by a three -wire, 120/240 volt, single -phase electrical service having a minimum 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 grounded -type receptacle or a receptacle with a ground fault circuit interrupte r . Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. All receptacle outlets shall have the appropriate faceplate cover for the location . 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 Devic es Code ASME A17.1 . 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 oper ator or be posted in a publicly conspicuous location approved by the code official . The inspection and tests shall be performed at not less than the periodical intervals listed in Minnesota Elevators and Related Devices Code ASME A17.1, Appendix N , 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 International Minnesota State Fire Code. 10 IPMC Ordinance Staff Notes Section 702.2 Aisles. The required width of aisles in accordance with the International Minnesota State Fire Code shall be unobstructed. Section 702.3 Locked Doors. All means of egress doors shall be readily opena ble from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the International Minnesota State Building Code. Section 702.4 Emergency Escape Openings . Required emergency escape openings for Group IRC, Group R and Group I -1 shall comply with Minnesota State Fire Code Section 1026, Emergency Escape and Rescue. shall be maintained in accordance with the code in effect at the time of construction, and the following. Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provid ed the minimum net clear opening size complies with the code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for no rmal operation of the escape and rescue opening . 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 tim es in accordance with the International 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, regardl ess 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 low er level provided that the lower level is less than one full story below the upper level. Single or multiple -station smoke alarms shall be installed in other groups in accordance with the International Minnesota State Fire Code.