HomeMy WebLinkAboutOrdinance 957ORDINANCE NO. 957
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING TITLE 1000, CHAPTERS 1001, 1002,1003,
1005,1006,1007,1008,1009, 1010, AND 1012 OF THE MOUNDS VIEW
CITY CODE RELATING TO BUILDING AND DEVELOPMENT
11 11 1 BEQ 16/9110/0 11118 0-MIA_I D111KII RITA 153
SECTION 1. The City Council of the City of Mounds View hereby amends Title 1000, Chapter
1001, Section 1001.01 of the Mounds View Municipal Code by adding the double -underlined
material and deleting the striek material as follows:
1001.01: ADOPTION OF STATE BUILDING CODE:
Subd. 1. Minnesota State Building Code — Adopted by r -Reference: The most current edition
of the Minnesota State Building Code and related documents, as adopted by the Minnesota
Department of Labor and Industry pursuant to Minnesota Statutes, including all of the
amendments, rules and regulations established, adopted and published from time to time
by the Minnesota Department of Labor and Industry, through the Construction Codes and
Licensing Division is hereby adopted by reference including Chapter 1306 with optional
1306.00200 Subpart 2. The Minnesota State Building Code is hereby incorporated in this
Section as if fully set out herein. A copy of said Building Code is on file in the office of
the City Administrator.
Subd. 2. Effective Date: Effective July 1, 1972, all buildings within the City shall be regulated
by current State statutes, as amended from time to time.
SECTION 2. The City Council of the City of Mounds View hereby amends Title 1000, Chapter
1001, Section 1001.08 of the Mounds View Municipal Code by deleting the str4ek material as
follows:
1001.08: TEMPORARY CERTIFICATE OF OCCUPANCY:
Subd. 1. Residential: A Temporary Certificate of Occupancy may be granted prior to sodding
or seeding the lawn and finishing the driveway if approved by the Building Official.
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SECTION 3. The City Council of the City of Mounds View hereby amends Title 1000, Chapter
1002, Section 1002.01 of the Mounds View Municipal Code by deleting the str-islEel3 material as
follows:
1002.01: ADOPTION OF STATE CODES:
Subd. 1. The most current edition of the Minnesota State Fire Code, as adopted by the
Commissioner of Public Safety pursuant to Minnesota State Statutes, including all the
amendments, rules and regulations established, adopted and published from time to time
by the Minnesota Commissioner of Public Safety, through the State Fire Marshal
Division is hereby adopted by reference including Minnesota State AmendfflepAs 14 and 1.
The Minnesota State Fire Code is hereby incorporated in this Section as if fully set out
herein.
SECTION 4. The City Council of the City of Mounds View hereby amends Title 1000, Chapter
1002, Section 1002.03 of the Mounds View Municipal Code by deleting the sten material as
follows:
1002.03: ENFORCEMENT OF PROVISIONS:
Subd. 1. Enforcement of Fire Code: The Minnesota State Fire Code shall be enforced by the
Fire Marshal, who shall be appointed by and operate under the supervision of the Chief of
the Fire Department.
Subd. 2. Inspectors: The Code Official shall have the authority to appoint a deputy code
official, other related technical officers and inspectors as shall, from time to time, be
necessary.
SECTION 5. The City Council of the City of Mounds View hereby amends Title 1000, Chapter
1002, Section 1002.08 of the Mounds View Municipal Code by adding the double -underlined
material and deleting the striek material as follows:
1002.08: RESIDENTIAL ALARM VERIFICATION: All Rresidential monitoring
compani=ay shall attempt to contact the homeowner for alarm verification prior to dispatching
the police and fire departments.
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MEMNON-
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SECTION 4. The City Council of the City of Mounds View hereby amends Title 1000, Chapter
1002, Section 1002.03 of the Mounds View Municipal Code by deleting the sten material as
follows:
1002.03: ENFORCEMENT OF PROVISIONS:
Subd. 1. Enforcement of Fire Code: The Minnesota State Fire Code shall be enforced by the
Fire Marshal, who shall be appointed by and operate under the supervision of the Chief of
the Fire Department.
Subd. 2. Inspectors: The Code Official shall have the authority to appoint a deputy code
official, other related technical officers and inspectors as shall, from time to time, be
necessary.
SECTION 5. The City Council of the City of Mounds View hereby amends Title 1000, Chapter
1002, Section 1002.08 of the Mounds View Municipal Code by adding the double -underlined
material and deleting the striek material as follows:
1002.08: RESIDENTIAL ALARM VERIFICATION: All Rresidential monitoring
compani=ay shall attempt to contact the homeowner for alarm verification prior to dispatching
the police and fire departments.
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SECTION 6. The City Council of the City of Mounds View hereby amends Title 1000, Chapter
1003 by deleting said Chapter 1003 in its entirety.
SECTION 7. The City Council of the City of Mounds View hereby amends Title 1000, Chapter
1005, Section 1005.01 of the Mounds View Municipal Code by adding the double -underlined
material and deleting the strieken material as follows:
1005.01: ADOPTION OF THE INTERNATIONAL PROPERTY MAINTENANCE
CODE: The 2003 2015 International Property Maintenance Code (IPMC), as promulgated by
the International Code Council, Inc., is adopted by reference and incorporated into the City Code
in whole as if it were set out in full, subject to the amendments contained in this Chapter. A copy
of said International Property Maintenance Code is on file in the office of the City Administrator.
SECTION 8. The City Council of the City of Mounds View hereby amends Title 1000, Chapter
1005, Section 1005.02, subd. 4 of the Mounds View Municipal Code by deleting the stricken
material as follows:
Subd. 4. 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 (MSBC), of ablis,ea ptffsuant to
Mimieseta Statutes, Seetions 16B.59 . i 6B 7c as amended, as adopted by the City.
Nothing in this Code shall be construed to cancel, modify or set aside any provision of
the MSBC or the City of Mounds View Zoning Code.
SECTION 9. The City Council of the City of Mounds View hereby amends Title 1000, Chapter
1005, Section 1005.02, subd. 28 of the Mounds View Municipal Code by adding the double -
underlined material and deleting the stricken material as follows:
Subd. 28. Section 307.2.2 308.2.2 Refrigerators: Not adopted.
SECTION 10. The City Council of the City of Mounds View hereby amends Title 1000,
Chapter 1005, Section 1005.02, subd. 29 of the Mounds View Municipal Code by adding the
double -underlined material and deleting the stricken material as follows:
Subd. 29. Section 403.4 Process Ventilation: In accordance with the MSBC and the
Minnesota State Fire Code (MSFC), where injurious, toxic, irritating or noxious fumes,
gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to
remove the contaminating agent at its source. Air shall be exhausted to the exterior and
not be re -circulated to any space.
SECTION 11. The City Council of the City of Mounds View hereby amends Title 1000,
Chapter 1005, Section 1005.02, subd. 30 of the Mounds View Municipal Code by adding the
double -underlined material and deleting the strickeH material as follows:
Subd. 30. Section 403.5 Clothes Dryer Exhaust: Clothes dryer exhaust systems shall be
independent of all other systems, and shall be exhausted in accordance with the
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manufacturer's instructions and the Minnesota State Mechanical Code (MSMC).
SECTION 12. The City Council of the City of Mounds View hereby amends Title 1000,
Chapter 1006, Section 1006.04, subd. 6 of the Mounds View Municipal Code by adding the
double -underlined material and deleting the strieke material as follows:
Subd. 6. Insurance: Any person requesting a contractor's license shall file with the City
Administrator proof of public liability and property damage insurance showing the City
of Mounds View as the certificate holder, which shall remain and be in force and effect
during the entire term of said license or a renewal certificate shall be provided to the City
at least ten (10) days before the expiration of the certificate on file with the City. The
Certificate shall contain a provision that the insurance shall not be cancelled without ten
(10) days' written notice to the City. Public liability insurance should not be less than
one hundred thousand dollars '$1000,000.00) for injuries and propertv damage,
including accidental death to any one (1) person, in an amount of not less than three
htmd_en theus 4a do11ar-s x$3500,000.00) on account of any one (1) accident,—and
I
SECTION 13. The City Council of the City of Mounds View hereby amends Title 1000,
Chapter 1007, Section 1007.02, subd. 2 of the Mounds View Municipal Code by adding the
double -underlined material and deleting the striek material as follows:
Subd. 2. Zoning Permit Required: Buildings one Inindfed twenty "'"" two hundred (200)
square feet or less are exempt from the provisions of this Chapter bet ��
standards listed in Gh"ter 1006.01, subdivision 4.
SECTION 14. The City Council of the City of Mounds View hereby amends Title 1000,
Chapter 1008, Section 1008.07, subd. 3 of the Mounds View Municipal Code by adding the
double -underlined material and deleting the str4ek material as follows:
Subd. 3. Liability Insurance: Any person holding a license shall file with the City
Administrator policies of public liability and property damage insurance which shall
remain and be in force and effect during the entire term of said license and which shall
contain a provision that they shall not be cancelled without ten (10) days' written notice
to the Municipality. Public liability insurance should not be less than unedred
thousand doff s ($1 000,000.00) for injuries and limpertv damage, including accidental
death to any one (1) person and stjbjea to the saffie limit for eaeh per -son in an amount
not less than t wee 1'••`•dred t1,,....and d&llar ($3500,000.00) on account of any one (1)
accident, and pr-epefty insurance in the amount not le than fifty .l dollars
thausano„ar2
(-$50;000:09). _ - -
SECTION 15. The City Council of the City of Mounds View hereby amends Title 1000,
Chapter 1008 by deleting Section 1008. 10, subd. 7 in its entirety.
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SECTION 16. The City Council of the City of Mounds View hereby amends Title 1000,
Chapter 1009, Section 1009.05, subd. 3 of the Mounds View Municipal Code by adding the
double -underlined material and deleting the stricken material as follows:
Subd. 3. All electrical applications shall meet the requirements of r'���npter 'moi this Code
~din a' asp r. includine the Minnesota State Electrical Code.
SECTION 17. The City Council of the City of Mounds View hereby amends Title 1000,
Chapter 1010, Section 1010.02, subd. 1 of the Mounds View Municipal Code by adding the
double -underlined material and deleting the stricken material as follows:
1010.02: FINDINGS OF FACT; PURPOSE:
Subd. 1. Findings:
a. The Council finds that wetlands within the City, as part of the ecosystem, are
critical to the present and future health, safety and general welfare of the land, animals
and people within the City, as well as within the Rice Creek Watershed District, that
existing and potential development within the City and Rice Creek Watershed possess
increasing ecological and economic problems and demands, having the effect of
potentially despoiling, polluting, accelerating the aging, eliminating or negatively and
irretrievably altering both the wetlands and their functions (and the processes associated
therewith) which, if managed, will constitute important physical, educational, ecological,
aesthetic, recreational and economic assets for existing and future residents of the
community and the Rice Creek Watershed District. The City Council has in mind its
statutory obligation to comply with Chaptefs 101 105 ,...d 112 of Minnesota State Law,
the regulations of Rice Creek Watershed District, Regulations of the Department of
Natural Resources, including provisions for protected waters, Publie raw 92.500-Cthe
Federal Water Pollution Control Act), open space policies of the Metropolitan Council
and its guidelines encouraging protection and enhancement of marshes, wetlands in the
flood plain area and the public interest in preventing irreparable destruction or
deterioration of valuable natural resources.
b. The public interest necessitates sound land use development, as land is a limited
and irreplaceable resource, and the land within the Municipality is a resource to be
developed in a manner which will result in minimum damage to the quality of life,
property, threat to health and reduction of private/public economic loss caused by
drainage problems.
SECTION 18. The City Council of the City of Mounds View hereby amends Title 1000,
Chapter 1010, Section 1010.05, subd. 7 of the Mounds View Municipal Code by adding the
double -underlined material and deleting the striCken material as follows:
Subd. 7. LOCAL WATER MANAGEMENT PLAN: A Local Water Management Plan;
dated February 12, 19W_ has been prepared for the City in accordance with Minnesota
t See Chapter 13 02 of this Gode.
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Statutes, Chanter 103B 4 nsn 24 ., , 0A �. The Plan identifies the goals and policies
of the City in providing for future development while minimizing surface water
problems.
SECTION 19. The City Council of the City of Mounds View hereby amends Title 1000,
Chapter 1010, Section 1010.08, subd. 4a of the Mounds View Municipal Code by adding the
double -underlined material and deleting the stricken material as follows:
a. Minimum Alteration in Ecological and Hydrological Characteristics: A minimum
alteration of a wetland may be allowed when necessary for the use of property but only
when it will not have a substantially or significantly adverse effect, as determined by the
City, upon the ecological and hydrological characteristics of the wetland. However, in no
case shall the restrictions set out below in Section 1010.08, subdivision 34a(1) - (6) be
exceeded. Since the extent of alteration which can be permitted is limited, the City, when
considering a permit application, shall consider equal apportionment of alteration
opportunity. The alteration opportunity within the wetland shall be allocated among
property owners in proportion to the area of wetland located within each property.
SECTION 20. The City Council of the City of Mounds View hereby amends Title 1000,
Chapter 1010, Section 1010.08, subd. 6b of the Mounds View Municipal Code by adding the
double -underlined material and deleting the stricken material as follows:
b. City Council Authority: The City Council may issue permits which meet the
standards in this Chapter and are beyond the scope of the administrative authority stated
in Section 1010.08, subdivision 36aor those that are appealed to the Council after
having been reviewed and denied by City staff.
SECTION 21. The City Council of the City of Mounds View hereby amends Title 1000,
Chapter 1010, Section 1010.08, subd. 7c(1) of the Mounds View Municipal Code by deleting the
striekert material as follows:
(1) Compliance with standards: No wetland alteration or wetland buffer permit
shall be approved except it meet the standards set forth in Section 1010.08;
stibdivision A permit may be approved subject to conditions reasonable and
necessary to ensure compliance with the aforementioned standards in subdivision 4.
Such conditions may, among other matters:
(a) Provide for the enhancement of storm water storage, fish and wildlife
habitat, and water quality enhancement functions of wetland zoning
districts;
(b) Provide for enhancement of recreation and education opportunities in
wetland zoning districts;
(c) Limit the size, kind or character of the proposed work;
562I57v2MU210-54 6
(d) Require the construction of storm water detention facilities or other
structures;
(e) Require replacement of vegetation;
(f) Establish required monitoring or maintenance procedures; including
the payment of costs for such procedures;
(g) Stage the work over time and increments of land to be developed;
(h) Require the alteration of the site design to insure buffering;
(i) Require posting of sufficient surety to guarantee conformance to the
purposes of the permit and all laws regulating the activity; or
0) Require the conveyance to the City of certain lands or interest therein.
SECTION 22. The City Council of the City of Mounds View hereby amends Title 1000,
Chapter 1012, Section 1012.03, subd. 4 of the Mounds View Municipal Code by adding the
double -underlined material and deleting the striekn material as follows:
Subd. 4. Issuance of License: The Community Development Department shall issue a rental
dwelling license if the building is found to be in compliance with the provisions of this
Chapter and all other code provisions, Chapter 1005 of this Code and the . ppli.eable
requiremepAs of Minnesota c+.,+„te 299F as amended, provided however, that all real
estate taxes and utility bills for the premises which are due have been paid.
a. The license shall state that the rental dwelling has been inspected and complies with
the requirements of the Citv Code+_r r> +o a T:+io lnnn �ti +o. lOgc
Cede. Additionally, the license shall contain contact information for maintenance and
management requests and a statement that tenants of the rental dwelling may contact the
attorney general for information regarding the rights and obligations of the owners and
tenants under state law. The statement shall include the telephone number and address of
the attorney general.
b. The following minimum standards and conditions shall be met in order to hold a
rental dwelling license under this Chapter. Failure to comply with any of these standards
and conditions shall be adequate grounds for the denial, refusal to renew, revocation, or
suspension of a rental dwelling license.
(1) The licensee or applicant have paid the required license fees.
(2) Rental dwelling units shall not exceed the maximum number of dwelling units
permitted by the zoning code.
(3) An owner shall not have any violations of Minnesota Rule 1300 0120
562157v2MU210-54
subpartrelated to building permits; at any rental dwelling which it owns or has an
ownership interest.
(4) Failure to complete required corrections to maintain the property in compliance
with Chapter 1001 (Building Gede C1."to. 1002 (Fire Codes and Chaptef 1
(Housing Code) of the City Code and the applicable requirements of Minnesota
Statutes,, Chapter99F.
SECTION 23. The City Council of the City of Mounds View hereby amends Title 1000,
Chapter 1012, Section 1012.03, subd. 8 of the Mounds View Municipal Code by adding the
double -underlined material and deleting the strisken material as follows:
Subd. 8. No license is transferrable during the pendency of a code enforcement matter
related to the licensed oremisesftofiee of violationa pursuant to Chapter 1005 of a
City Code.
SECTION 24. The City Council of the City of Mounds View hereby amends Title 1000,
Chapter 1012, Section 1012.05, subd. la of the Mounds View Municipal Code by adding the
double -underlined material and deleting the str4el£en material as follows:
a. For purposes of this Subdivision, a premises is disorderly when any of the
following activities occur:
(1) Violation of TWe mann Chapter 702 Section 702 n1 e.a.&yisio 13h of the
Gi+y Code (GrimesAgainst Publi, Sa t.. and Health) , vielatie v laws relating
to possession of controlled substances as defined in Minnesota Statutes.
(2) Violation of Title 700' G1, pter- 7021' ceet_o 702.01 Subdi-4sie 14 of the ri
1 ..,.,.., a.
Coe (Publie rduetor lsr i...,aee)violation of laws relating to disorderly
conduct as defined in Minnesota Statutes, Sections 609.72 and 609.74.
(3) Violation of Title 500, Chapter 501, Section 501.02, Subdivision 1 and Seetie
501 02o..>„1:.4..ia 2 of the City Code (General Liquor Provisions) or violation of
laws relating to possession, sale, or consumption of liquor or alcoholic beverages.
(4) Violation of laws relating to gambling.
(5) Violation of Mounds View Ordinances or Minnesota Statutes relating to
prostitution.
(6) Violation of T'ao 700 Chapter 702 eeetien 702 n1 Subdivision 13b 2) of the
Cit_, Code (Dan.,,..,..... Weapons) , violatio F laws relating to unlawful use or
possession of a firearm.
(7) Violation of Minnesota Statutes, Section 609.705 (Unlawful Assembly).
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(8) Violation of Minnesota Statutes, Section 609.71 (Riot)
(9) Violation of Minnesota Statutes, Section 609.713 ( ��Threats of
Violence .
(10) Violation of Minnesota Statutes, Section 609.715 (Presence at Unlawful
Assembly)
SECTION 25. The City Council of the City of Mounds View hereby amends Title 1000,
Chapter 1012, Section 1012.05, subd. ld of the Mounds View Municipal Code by adding the
double -underlined material and deleting the strieke material as follows:
d. If a second instance of disorderly use of the licensed premises occurs within
three (3) months of an incident for which a notice in Subdivision 94c, was given, the
Police Department shall notify the licensee of the violation and shall also require the
licensee to submit a written report of the actions taken, and proposed to be taken, by the
licensee to prevent further disorderly use of the premises. This written report shall be
submitted to the Police Department within five (5) days of the receipt of the notice of
disorderly use of the premises and shall detail all actions taken by the licensee in
response to all notices of disorderly use of the premises within the preceding three (3)
months.
SECTION 26. The City Council of the City of Mounds View hereby amends Title 1000,
Chapter 1012, Section 1012.05, subd. le of the Mounds View Municipal Code by adding the
double -underlined material and deleting the stricken material as follows:
e. If a third instance of disorderly use of the licensed premises occurs within three (3)
months after a second instancQany two "` previous instances of disorderly use for which
a notice was^. ticcs wero- given to the licensee pursuant to Section 1012.05, Subdivision
1 d, the license for the premises may be denied, revoked, suspended, or not renewed. Any
action to deny, revoke, suspend, or not renew a license shall be initiated by the Police
Department or Community Development Department who shall give to the licensee
written notice of a hearing before the City Council to consider such denial, revocation,
suspension or non -renewal. Such written notice shall specify all violations of this
subdivision, and shall state the date, time, place and purpose of the hearing. The hearing
shall be held no less than ten (10) days and no more than thirty (30) days after giving
such notice. Following the hearing, the City Council may deny, revoke, suspend or
decline to renew the license for all or any part or parts of the licensed premises or may
grant a license upon such terms and conditions as it deems necessary to accomplish the
purposes of this subdivision.
(1) For the purposes of this subdivision, second and third instances of
disorderly use shall be those which occur at the same rental unit, involve tenants at
the same rental unit, involve guests or invitees at the same rental unit, involve
guests or invitees of the same tenant, or involve the same tenant.
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(1) For the purposes of this subdivision, second and third instances of
disorderly use shall be those which occur at the same rental unit, involve tenants at
the same rental unit, involve guests or invitees at the same rental unit, involve guests
or invitees of the same tenant, or involve the same tenant.
SECTION 23. In accordance with Section 3.07 of the City Charter, City staff shall have the
following summary printed in the official City newspaper in lieu of the complete ordinance:
On May 28, 2019, the City Council adopted Ordinance 957 that amends Title 1000,
Chapters 1001, 1002, 1003, 1005, 1006, 1007, 1008, 1009, 1010, and 1012 of the Mounds
View City Code. The purpose of the amendment was to modify certain city regulations
related to building and development, update certain insurance requirements, remove
outdated and unnecessary code language, and update the code to conform to current City
practices.
A printed copy of the ordinance is available for inspection during regular business hours at
Mounds View City Hall and is available on line at the City's web site located at
www.moundsviewmn.or .
SECTION 24. This ordinance shall take effect and be in force 30 days from and after its passage
and publication, in accordance with Section 3.09 of the City Charter.
Introduction and First Reading by the Mounds View City Council on May 13, 2019.
Second Reading and Adoption by the Mounds View City Council on May 28, 2019.
Publication Date: June 5, 2019.
(SEA) r' .
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Carol A. Mueller, Mayor
Nyle.^iknj&d
City Administrator