Loading...
HomeMy WebLinkAboutCC WORKSESSION 053120072007 Strategic Planning ; May 3 { 2007 To: Mayor and City Council From: Mike Morrison, City Manager Date: 5/21/2007 Re: Executive Summary of 2007 Goals The following packet represents information to date, completed by staff for the five city goals as established by the city council and staff at the January goal setting retreat. As you can see from the packet size, staff has been busy working on the 2007 goals. The following represents a brief summary of the concerns and discussion items as I see them for the May 31' meeting: Goals 1: Silver Lake Road Discussion: Reinforce $3 million budget Next Step: Waiting for county staff to identify budget for City portion. Hennepin County may attend June 12th City Council meeting. Goal 2: Research Broadband Discussion items: Decide on CTC proposal and provide direction on next steps. Next Step: Looking for direction from council. Goal 3: Re- codification of Ordinance and Several Ordinance Amendments Discussion Items: 1. Decide on re-codification proposal 2. Provide direction on sign ordinance 3. Discuss what to adopt on code enforcement issues. 4. Review noise statute and discuss. Next Steps: Placing portions of the four discussion items on a council agenda as they become available. 1 Goal 4: Environmental Discussion: Review several items from staff and determine if were going in the right direction. Next Steps: More Council discussion and direction. Goal 5: Financial Management Plan Discussion: Determine fund balance goal, levy goal and capital equipment discussion and debt study. Next Steps: 1. July 3e Work session with Council on 2008 Budget and 2008 — 2012 Capital Improvement Budget. 2. August 14'" Financial Management Plan Presentation. The effort put in by staff on the implementation of all five goals has been excellent. • Page 2 CD n O C n O O h Cn CD r CD TO: FROM: SUBJECT: DATE: MEMORANDUM MAYOR AND COUNCILMEMBERS MICHAEL MORNSON, CITY MANAGER SILVER LAKE ROAD UPDATE 5/1/2007 Reconstruction of Silver Lake Target completion: December 2008 Activities Completed: 1. City staff met with Hennepin County staff to discuss schedule and funding program February 28. 2. Held meeting with task force to receive their input. 3. Meeting with county staff on funding. 4. Meeting with Utility Companies on schedule. 5. Meeting with stakeholders on project update. 6. Open house April 26, 2007, 6:30 p.m. to 8:30 p.m. Implementation Concerns: None Future Activities: Meeting with City Council and Hennepin County to discuss funding and design concerns. z 2 MEMORANDUM TO: MAYOR AND COUNCILMEMBERS FROM: MICHAEL MORNSON, CITY MANAGER SUBJECT: SILVER LAKE ROAD UPDATE DATE: 5/1/2007 Reconstruction of Silver Lake Road Target completion: December 2008 Activities Completed: 1. City staff met with Hennepin County staff to discuss schedule and funding program February 28. 2. Held meeting with task force to receive their input. 3. Meeting with county staff on funding. 4. Meeting with Utility Companies on schedule. 5. Meeting with stakeholders on project update. 6. Open house April 26, 2007, 6:30 p.m. to 8:30 p.m. Implementation Concerns: None Future Activities: Meeting with City Council and Hennepin County to discuss funding and design concerns. CD U) CD 00 n 00 I O Q v O_ 5 STAFF REPORT To: Mayor and City Council Report No.: Mike Mornson, City Manger From: Kim Moore - Sykes, Assistant City Manager Date: May 31, 2007 Subject: Strategic Connectivity Plan Proposal — Columbia Telecommunications Background: On March 9s', Staff met with Cheryl Johnson and Tom Asp, Columbia Telecommunications, which came as the result of discussions between Council and staff at the annual goal setting retreat. The purpose of this meeting was to discuss developing a connectivity strategy/ plan for the City of St. Anthony, which is both long -range in scope and conservative in its financial assessment of installation requirements and future technological needs. City Council expressed an interest in investigating the possibility of putting together a strategic connectivity plan that would assist the City in the establishment of policy for high speed broadband Internet accessibility that is affordable for the community. This plan would also identify challenges and opportunities; resources, threats, and objectives. Columbia Telecommunications was contacted because they had originally submitted a proposal to the City to determine the feasibility and affordability of installing a wireless Broadband network, again to provide affordable access to the Internet for those populations in the City that are either underserved or not served by any Internet service provider. Ms. Johnson and Mr. Asp, through their research, established in their initial report that the installation by the City of a wireless Internet throughout the community would be prohibitively expensive. Their recommendation at the time was to partner with private firm or other surrounding communities, i.e. members of the North Suburban Cable consortium. At about the same time, the North Suburban Cable Commission (NSCC), interested in the possibility of installing a region -wide wireless Broadband Internet system available to their member cities, approved hiring Columbia Telecommunications to do a feasibility study for the 10- city consortium, assessing the feasibility of establishing a region -wide wireless internet system that would meet the needs of the area and the cost of that installation.* Issues: While both of the City's proposals from Columbia Telecommunications overlap in some recommendations and suggestions, they are conceptually different. The first study (4/7/06) was done basically to determine how feasible it would be for the City to go on its own in providing the infrastructure to achieve wireless internet accessibility for anyone or business in the community. The second and most recent proposal from Columbia is to assist the City in developing a strategic connectivity plan to facilitate the eventual installation of a wireless system. 2007 Wireless Strategic Connectivity Plan.doc The current response from Columbia regarding the City's interest in establishing a strategic 6 connectivity plan proposes six project tasks: • Review project goals, objectives, intended outcomes, and schedule. • Develop a business model for connectivity throughout the Community. • Review compatibility of connectivity technologies with City goals and objectives. • Compatibility of NCSS' Networking Study with City's connectivity goals and objectives. The City's connectivity plan as envisioned by Columbia should be predicated on the Council's approval of the recommendation from the previous feasibility study (4/7/06 Section 1.1) that the City of St. Anthony assesses the feasibility of joining a larger regional wireless broadband infrastructure plan, such as one that may be configured by NSCC (3/28/07 Proposal Item #4.) and that conduit and fiber should be installed wherever an opportunity is available. The cost of installing the infrastructure as a stand -alone project has been reported in both reports as one of the impediments to moving forward with the installation of a wireless Internet system within the City. Tom Asp, Columbia Telecommunications Engineer, has advised to staff that at minimum, conduit should always be installed when streets or sidewalks are being reconstructed. Both Mr. Asp and the City Engineer have been asked to provide cost estimates for installing conduit, with and without fiber. ** Another significant issue that should be noted in a connectivity plan, is the City's Right -of -Way permitting requirements. Staff assumes that conduit and fiber will be placed in the City's ROW by contractors and they should be advised that they will be held responsible for securing permits for digging and /or boring in the City's ROW prior to commencing the work. Questions for Council: 1. Is the CTC proposal acceptable to Council? 2. If not acceptable, what direction does Council want to pursue regarding this matter? Attachments: • Strategic Connectivity Plan Proposal — March 28, 2007 * Report not received at the time of the writing of this staff report- "Cost estimates were not available at the time of the writing of this staff report but will be reported at the May 31, 2007 Council /Staff worksession. 2007 Wireless Strategic Connectivity Plan.doc STAFF REPORT 5 To: Mayor and City Council Report No.: Mike Mornson, City Manger From: Kim Moore - Sykes, Assistant City Manager Date: May 31, 2007 Subject: Strategic Connectivity Plan Proposal — Columbia Telecommunications Background: On March 961, Staff met with Cheryl Johnson and Tom Asp, Columbia Telecommunications, which came as the result of discussions between Council and staff at the annual goal setting retreat. The purpose of this meeting was to discuss developing a connectivity strategy/ plan for the City of St. Anthony, which is both long -range in scope and conservative in its financial assessment of installation requirements and future technological needs. City Council expressed an interest in investigating the possibility of putting together a strategic connectivity plan that would assist the City in the establishment of policy for high speed broadband Internet accessibility that is affordable for the community. This plan would also identify challenges and opportunities; resources, threats, and objectives. Columbia Telecommunications was contacted because they had originally submitted a proposal to the City to determine the feasibility and affordability of installing a wireless Broadband network, again to provide affordable access to the Internet for those populations in the City that are either underserved or not served by any Internet service provider. Ms. Johnson and Mr. Asp, through their research, established in their initial report that the installation by the City of a wireless Internet throughout the community would be prohibitively expensive. Their recommendation at the time was to partner with private firm or other surrounding communities, i.e. members of the North Suburban Cable consortium. At about the same time, the North Suburban Cable Commission (NSCC), interested in the possibility of installing a region -wide wireless Broadband Internet system available to their member cities, approved hiring Columbia Telecommunications to do a feasibility study for the 10- city consortium, assessing the feasibility of establishing a region -wide wireless internet system that would meet the needs of the area and the cost of that installation.* Issues• While both of the City's proposals from Columbia Telecommunications overlap in some recommendations and suggestions, they are conceptually different. The first study (4/7/06) was done basically to determine how feasible it would be for the City to go on its own in providing the infrastructure to achieve wireless internet accessibility for anyone or business in the community. The second and most recent proposal from Columbia is to assist the City in developing a strategic connectivity plan to facilitate the eventual installation of a wireless system. 2007 Wireless Strategic Connectivity Plan.doc The current response from Columbia regarding the City's interest in establishing a strategic connectivity plan proposes six project tasks: • Review project goals, objectives, intended outcomes, and schedule. • Develop a business model for connectivity throughout the Community. • Review compatibility of connectivity technologies with City goals and objectives. • Compatibility of NCSS' Networking Study with City's connectivity goals and objectives. The City's connectivity plan as envisioned by Columbia should be predicated on the Council's approval of the recommendation from the previous feasibility study (4/7/06 Section 1.1) that the City of St. Anthony assesses the feasibility of joining a larger regional wireless broadband infrastructure plan, such as one that may be configured by NSCC (3/28/07 Proposal Item #4.) and that conduit and fiber should be installed wherever an opportunity is available. The cost of installing the infrastructure as a stand -alone project has been reported in both reports as one of the impediments to moving forward with the installation of a wireless Internet system within the City. Tom Asp, Columbia Telecommunications Engineer, has advised to staff that at minimum, conduit should always be installed when streets or sidewalks are being reconstructed. Both Mr. Asp and the City Engineer have been asked to provide cost estimates for installing conduit, with and without fiber. ** Another significant issue that should be noted in a connectivity plan, is the City's Right -of -Way permitting requirements. Staff assumes that conduit and fiber will be placed in the City's ROW by contractors and they should be advised that they will be held responsible for securing permits for digging and /or boring in the City's ROW prior to commencing the work. Questions for Council: 1. Is the CTC proposal acceptable to Council? 2. If not acceptable, what direction does Council want to pursue regarding this matter? Attachments: • Strategic Connectivity Plan Proposal — March 28, 2007 * Report not received at the titne of the writing of this staff report. * *Cost estimates were not available at the time of the writing of this staff report but will be reported at the May 31, 2007 Council /Staff worksession. 2007 Wireless Strategic Connectivity Plan.doc 7 ONSWCTC NS ■.. FOR THE PIUBUC INTEREST Columbia Telecommunications Corporation 5550 Sterrett Place • Columbia, MD 21044 • 410 -964 -5700 • fax: 410 - 964 -6478 • www.intemetCTC.com March 28, 2007 Sent via email — kmoore@ci.saint-anthony.mn.us Ms. Kim Moore-Sykes Assistant City Manager Saint Anthony Village 3301 Silver lake Road NE Saint Anthony Village, MN 55418 -1699 Dear Ms. Moore - Sykes: Pursuant to your conversations and meeting with Tom Asp and Cheryl Johnson, we are pleased to present this proposal to prepare a Connectivity Strategic Plan. Proposed Project Tasks CTC proposes to develop a Connectivity Strategic Plan for the City of St. Anthony Village. The purpose of the Plan is to assist in establishing policy and direction for management and creation of connectivity and other resources for which the City has jurisdiction or authority. The intended outcome is to provide a roadmap that can serve as a foundation for St. Anthony Village residents and business to have access to and choice of affordable state -of- the -art connectivity services. The proposed steps for development of the Connectivity Strategic Plan include: I. Conduct a meeting with St. Anthony Village representatives to review the project goals, objectives, intended outcomes, and schedule. In addition we will review related efforts to date including: a. Land use and development planning b. Utility planning (water and sewer) C. Transportation system planning (street reconstruction) d. Regional planning i. Transportation ii. Housing iii. Economic development In addition, during the session we will develop a needs statement for review and approval. Ms. Kim Moore -Sykes March 28, 2007 Page 2 E 2. Develop a range of potential elements for connectivity involvement or business models for consideration. This will examine: a. What are the risks? b. What is the appropriate level of control? c. What is the appropriate financing? d. What is the level of ownership? e. What have other communities done? f. What are the potential legislative impacts? Review the available connectivity technologies (fiber, wireless, other), anticipated developments, and their fit to St. Anthony Village's goals and objectives. 4. Apply and expand upon the recommendations made in the North Suburban Communication Commission (NSCC) networking study. For example, the NSCC report included the following recommendations relating to policy and planning: CTC recommends that the NSCC coordinate with each of its members regarding any future or planned fiber optic or other communications projects. These projects may be leveraged or scoped to include the needs of other NSCC members. Increased fiber optic count or additional facilities may be added to a communications project at an incremental cost. Opportunities for cost - effective installation of fiber and other connectivity assets arise each day as city crews' work in the right -of -way. At a minimum, all the NSCC cities should immediately adopt future - looking policies to add to existing fiber and conduit infrastructure at every opportunity to build up critical mass. Every municipal project has the potential to provide long term cost savings on communications infrastructure. Conduit and fiber are the key for future - proofing the cities' infrastructure. There is a low incremental cost to install fiber or conduit during any capital improvement project or repair. Once installed, fiber and conduit are available for community use or can be leveraged to entice commercial carriers to offer services in the municipality or to build municipal networks. We therefore recommend speedy adoption of a region -wide policy and detailed specifications for installation of conduit or fiber optics during any relevant capital improvement project or repair, including: Road construction or repair by departments of public works Sewer or water line replacement or repair Electrical work Ms. Kim Moore -Sykes March 28, 2007 Page 3 • Sidewalk repair and replacement • Relocation to underground of aerial utilities by public and private utilities • Other open trenching opportunities initiated by private utilities • Any other circumstance under which any municipal department is working in the right -of -way Immediate adoption of a fiber - placement strategy would capture each of these opportunities. Similarly, the cities should develop uniform requirements and procedures for using commercial carrier construction to simultaneously install fiber or conduit, or negotiate conduit or dark fiber during permitting. Every private sector project in the right -of -way offers an opportunity for partnerships. The cities may be able to negotiate conduit or dark fiber during permitting negotiations and may be able to leverage existing infrastructure to barter for conduit or fiber access. 5. Develop a series of recommendations and policies regarding connectivity for consideration by St. Anthony Village's decision makers. CTC will: a. Identify the potential impact of each recommendation. b. Identify the potential costs of implementing each recommendation. c. Hold an interactive work session with St. Anthony representatives to discuss the recommended policies and actions. 6. Prepare a final report which summarizes the findings and recommendations. CTC will provide the draft report in electronic format. We will incorporate a round of St. Anthony Village's comments and changes. We will provide the final report in electronic format and will also provide one hard copy. Project Timeline Assuming a June project initiation, we anticipate providing the draft report in late August and then the final report within 14 days of receipt of your comments on the draft. Project Investment We propose a not to exceed amount of $16,500 for Tasks 1 through 6 as outlined. Ms. Kim Moore -Sykes March 28, 2007 Page 4 10 We appreciate the opportunity to submit this proposal and the opportunity to work with you on this project. If you have any questions or need additional information, please feel free contact me at 410.964.5700 or Tom Asp at 608.531.1739. Best regards, S 4-475 i Joanne S. Hovis President N W W< Jo N 6 W Cwi 'O GA G C u u L r+ O O N C O O a� cc 11 N T 7 Zs LL. U c (D } • U U t Y {J m m �2 > Q N fn • Q U U U U UU c6 c6 c6 c6 c6 c6 Y Y Y Y Y Y u (n fn m cn fn to O O N rn C Y (D N C C � C O O U O N N O U � 7 O O N C c N E U T d L N OO E U 4 tl! O E N V_ 7 F m aoi c mE "a -o' 0E4?U -0,0 > rn c o c c�! 'r _ O E N 7 O O N U 4) 0 6 CL C O o C ca N - tll Q U �w t � C: U43u�Ow � 49 � Y L c60 acid • N> N N U 4?rL C i R'ym C N M V l0 CO 11 N /u CD CD iv Q CD i 0 O Q n O O Ih C) O Q v n CD cn 12 13 MEMORANDUM TO: MAYOR AND COUNCILMEMBERS FROM: MICHAEL MORNSON, CITY MANAGER SUBJECT: RE- CODIFICATION OF CITY ORDINANCES DATE: 5/1/2007 The council was first introduced the re- codification of the St. Anthony City Code at the April 10, 2007, council meeting. At that time, the council and staff had several questions which I was unable to answer. Since that council meeting, staff has been in contact with American Legal Publishing (ALP) and has the following information based on questions. Question 1. How long will it take? There are three steps once we receive the code materials (the old code, new ordinances and a simple questionnaire we will ask you to complete) from the city: a) We will outline and format the new code, incorporate new ordinances and provide a draft of the new code. This will be completed in 4 -6 months. (Then our attorneys will work on the legal review and send the city a written legal report.) b) The city will review the new code draft and the legal report (we suggest 2 months for this). c) Once the city completes its review, we will take up to three months to complete the final code. Depending on the time the city takes to complete its review, the new code can be completed within a year. Question 2. We are looking are revising various ordinances. Should we wait until those revisions have been completed and approved by Council before we re- codify? My suggestion is not to wait because you will always have ordinances you want to amend. When you pass any new ordinances, we ask that you send them to us immediately and we will include them in the draft of the code. Any ordinances that pass after the draft of the code is completed can be added to the final version of the code - so that gives you about nine months to pass new ordinances for the code. And, after the code is completed, it can be updated as often as you like. If you know of any major ordinances, such as zoning, that are being amended, let us know up front and we will try to edit those last. Z: \Goal Setting\200T e- Codification Memo.doc - 1 - 14 Question 3. What would the cost be to the City should we require you to come to St. Anthony, Minnesota? What would those costs include? We do not charge for our attorney's time at a conference, just the travel expenses (see contract Par. III (1). Travel includes air fare, rental car, hotel, meals. Duke Addicks from the League of Minnesota Cities might be able to attend - his travel expenses from St. Paul, MN would be far less than if an attorney from American Legal attended. There is no charge for phone conferences. Question 4. What role, if any, would the City Attorney have in this process? Once the staff attorney from America Legal sends the legal report to the city, we suggest the city attorney review it and provide the answers to our questions/ recommendations. Most of our questions will ask you if you agree with a recommendation or change we are making to the code, so the time the municipal attorney spends should be limited. The City Manager may play this role instead. Question 5. What other Minnesota cities have used American Legal Services for their re- codification? We provide codification services to 203 Minnesota cities (113 custom code clients and 90 Basic Code clients). We have worked as the codifier for the League of Minnesota Cities for the past 10 years. Reference list attached. Z: \Goal Setting\2007\re- Codification Memo.doc - 2 - 15 STAFF REPORT To: Mayor and City Council Mike Morrison, City Manager From: Kim Moore- Sykes, Assistant City Manager Date: May 31, 2007 Subject: Bid for Codification of City Ordinances Background: One of the goals that came as a result of the City's 2007 Goal Setting Retreat was for staff to research the need to re- codify the City's Code of Ordinances and to solicit bids. Staff contacted Duke Addicks, special counsel for the League of Minnesota Cities, Member Services and asked him to submit a proposal for re- codification. Staff presented the attached proposal for the re- codification process from Mr. Addicks. Staff reported that the estimated cost for the proposed codification is $11,995 plus any costs incurred as a result of the re- codification of the City's code. The scope of the work proposed to be done under this estimated cost includes: • Review of the City's current code of ordinances and all ordinances and resolutions passed since the last codification, which city records indicate was done in 1993. • Organize all information based on rides, chapters, sections and according to subject matter. • Update the code to reflect current statutory and case law requirements, deleting improper or unlawful provisions. • Simplify language where appropriate and convert to gender- neutral language where necessary. • Prepare a table of contents with sectional analysis and an index. • Submit a draft of the updated code within six months of execution of contract and provision of documents. • 20 printed copies within three months of City's authorization. In addition to the above -cited portions of performance and scope of work, Staff reported that the bid also provides for other services that are deemed Optional Services, and which would be subject to additional costs. The bid expires June 30, 2007 if the City chooses not to execute the agreement. Recommendation: Staff has determined that there are a few chapters of the City Code that do need review and possibly revision. These chapters include Chapter 5 Licenses, Permits. and Business Regulations; Chapter 6 Fees. Rates and Charges; Chapter 14 Signs; and Chapter 16 Zoning and Land Use. Staff is currently reviewing other chapters of the Code for possible revision. If it is determined that these are the only chapters in need of revision, it then becomes a question of whether or not the City's Code is really in need of such a thorough review and if these revisions could be done in -house with final review being done by the City attorney for the same amount of money or less. Z: \Goal Setting \2007\053107 LMC recodification proposal staff report Ace Page 2 16 Additional Comments from the Planning Commission: The following comments were received from the Planning Commissioners during the April 17, 2007 Planning Commission Meeting. • The Commissioners asked about font size. They were concerned that the font used would be too large causing the City s code to exceed the 500 -page base price as stated in the bid proposal. The current City Code is at approximately 392 pages; the font size is Times New Roman #12. This font seems to be the standard format for most agencies and is the one used by the City. Also, at Section Il (4), it states that the number of pages will be "according to the format option of the City." Should the re- codified document exceed the 500 -sheet base price, the additional cost would be approximately $18 per page beyond a 5% tolerance for 500 sheets, single column page. • In response to the Commissioners' concern about the City being precluded from putting the re- codified code on the City's web site, Staff reviewed the fist of cities provided by Mr. Ray Bollhauer, American Legal Publishing, and searched their sites. Several cities continue to have their city code on their own site; others have chosen to have American Legal Publishing host their city code. It seems to be an option rather than a requirement. • The Commissioners also questioned a license fee for the re- codification work and additional copies of the City's code once the work was completed. The base price includes 20 printed copies of the revised City code. The only licensure that Staff found that may be required is for the optional service, Folio Search and Retrieval program. Attachments: • Copy of a bid from LMC /American Legal Publishing Corp. Z: \Goal Setting\2007\053107 LMC recodification proposal staff report.doc 13 MEMORANDUM TO: MAYOR AND COUNCILMEMBERS FROM: MICHAEL MORNSON, CITY MANAGER SUBJECT: RE- CODIFICATION OF CITY ORDINANCES DATE: 5/1/2007 The council was first introduced the re- codification of the St. Anthony City Code at the April 10, 2007, council meeting. At that time, the council and staff had several questions which I was unable to answer. Since that council meeting, staff has been in contact with American Legal Publishing (ALP) and has the following information based on questions. Question 1. How long will it take? There are three steps once we receive the code materials (the old code, new ordinances and a simple questionnaire we will ask you to complete) from the city: a) We will outline and format the new code, incorporate new ordinances and provide a draft of the new code. This will be completed in 4 -6 months. (Then our attorneys will work on the legal review and send the city a written legal report.) b) The city will review the new code draft and the legal report (we suggest 2 months for this). c) Once the city completes its review, we will take up to three months to complete the final code. Depending on the time the city takes to complete its review, the new code can be completed within a year. Question 2. We are looking are revising various ordinances. Should we wait until those revisions have been completed and approved by Council before we re- codify? My suggestion is not to wait because you will always have ordinances you want to amend. When you pass any new ordinances, we ask that you send them to us immediately and we will include them in the draft of the code. Any ordinances that pass after the draft of the code is completed can be added to the final version of the code - so that gives you about nine months to pass new ordinances for the code. And, after the code is completed, it can be updated as often as you like. If you know of any major ordinances, such as zoning, that are being amended, let us know up front and we will try to edit those last. Z: \Goal Setting0007Ve- Codification Memo.doc - 1 - 14 Question 3. What would the cost be to the City should we require you to come to St. Anthony, Minnesota? What would those costs include? We do not charge for our attorney's time at a conference, just the travel expenses (see contract Par. III (1). Travel includes air fare, rental car, hotel, meals. Duke Addicks from the League of Minnesota Cities might be able to attend - his travel expenses from St. Paul, MN would be far less than if an attorney from American Legal attended. There is no charge for phone conferences. Question 4. What role, if any, would the City Attorney have in this process? Once the staff attorney from America Legal sends the legal report to the city, we suggest the city attorney review it and provide the answers to our questions/ recommendations. Most of our questions will ask you if you agree with a recommendation or change we are making to the code, so the time the municipal attorney spends should be limited. The City Manager may play this role instead. Question 5. What other Minnesota cities have used American Legal Services for their re- codification? We provide codification services to 203 Minnesota cities (113 custom code clients and 90 Basic Code clients). We have worked as the codifier for the League of Minnesota Cities for the past 10 years. Reference list attached. Z: \Goal Setting\2007Ve- Codification Memo.doc - 2 - 15 STAFF REPORT To: Mayor and City Council Mike Morrison, City Manager From: Kim Moore - Sykes, Assistant City Manager Date: May 31, 2007 Subject: Bid for Codification of City Ordinances Background: One of the goals that came as a result of the City's 2007 Goal Setting Retreat was for staff to research the need to re- codify the City's Code of Ordinances and to solicit bids. Staff contacted Duke Addicks, special counsel for the League of Minnesota Cities, Member Services and asked him to submit a proposal for re- codification. Staff presented the attached proposal for the re- codification process from Mr. Addicks. Staff reported that the estimated cost for the proposed codification is $11,995 plus any costs incurred as a result of the re- codification of the City's code. The scope of the work proposed to be done under this estimated cost includes: • Review of the City's current code of ordinances and all ordinances and resolutions passed since the last codification, which city records indicate was done in 1993. Organize all information based on fides, chapters, sections and according to subject matter. Update the code to reflect current statutory and case law requirements, deleting improper or unlawful provisions. Simplify language where appropriate and convert to gender - neutral language where necessary. • Prepare a table of contents with sectional analysis and an index. • Submit a draft of the updated code within six months of execution of contract and provision of documents. 20 printed copies within three months of City's authorization. In addition to the above -cited portions of performance and scope of work, Staff reported that the bid also provides for other services that are deemed Optional Services, and which would be subject to additional costs. The bid expires June 30, 2007 if the City chooses not to execute the agreement. Recommendation: Staff has determined that there are a few chapters of the City Code that do need review and possibly revision. These chapters include Chapter 5 Licenses. Pemtits. and Business Regulations; Chapter 6 Fees. Rates. and Charges; Chapter 14 Si ns; and Chapter 16 Zoning and Land Use. Staff is currently reviewing other chapters of the Code for possible revision. If it is determined that these are the only chapters in need of revision, it then becomes a question of whether or not the City s Code is really in need of such a thorough review and if these revisions could be done in -house with final review being done by the City attorney for the same amount of money or less. Z: \Goal Setting\2007 \053107 LMC recodification proposal staff report .doc Page 2 16 Additional Comments from the Planning Commission: The following comments were received from the Planning Commissioners during the April 17, 2007 Planning Commission Meeting. • The Commissioners asked about font size. They were concerned that the font used would be too large causing the City's code to exceed the 500 -page base price as stated in the bid proposal. The current City Code is at approximately 392 pages; the font size is Times New Roman #12. This font seems to be the standard format for most agencies and is the one used by the City. Also, at Section II (4), it states that the number of pages will be "according to the format option of the City." Should the re- codified document exceed the 500 -sheet base price, the additional cost would be approximately $18 per page beyond a 5% tolerance for 500 sheets, single column page. • In response to the Commissioners' concern about the City being precluded from putting the re- codified code on the City's web site, Staff reviewed the list of cities provided by Mr. Ray Bollhauer, American Legal Publishing, and searched their sites. Several cities continue to have their city code on their own site; others have chosen to have American Legal Publishing host their city code. It seems to be an option rather than a requirement. • The Commissioners also questioned a license fee for the re- codification work and additional copies of the City's code once the work was completed. The base price includes 20 printed copies of the revised City code. The only Gcensure that Staff found that may be required is for the optional service, Folio Search and Retrieval program. Attachments: • Copy of a bid from LMC /American Legal Publishing Corp. Z: \Goal Setting\2007W53107 LMC recodification proposal staff report .doc 17 145 University Avenue West, St. Paul, MN 55103 -2044 Phone: (651) 281 -1200 • (800) 925 -1122 TDD (651) 281 -1290 Lessee of Minnesota Cities LMC Fax: (651) 281 -1299 e LMCIT Fax: (651) 281 -1298 Cities Promoting excellence Weh Site: http: / /www.Imnc.org Barb Suciu, January 24, 2007 City Clerk 3301 Silver Lake Rd NE St. Anthony, MN 55418 -1699 Re: Codification of Ordinances Dear Ms. Suciu: Enclosed is an updated codification proposal from the League of Minnesota Cities and American Legal Publishing who is the codification consultant to the League. A recodification includes incorporating new ordinances, updating the index and tables as needed, reformatting the pages into a new typestyle, including single or dual column print, and printing complete copies of the entire code book. It also includes a legal review and written report by one of our staff attorneys. The review will uncover inconsistency between sections in the code and inconsistency with the code and state statutes. Additionally, there might be some reorganization and renumbering of the code if necessary. New binders and divider tabs are included in the price. There is also the option to receive the new code on CD in Folio and have it on the internet. In future years, new ordinances can be easily added to your code with American Legal's supplement services. And, when you need a model ordinance, simply call us; we don't charge for providing model ordinances. You can also search all codes on our internet site free of charge when you feel like looking for models yourself. Sincerely, RAY BOLLHAUER, ALP Staff Attorney (800/445 -5588) rboilhauer@anilegal.com �� r�ls /rip DUKE ADDICKS, LMC Special Counsel and Codification Attorney (651/281 -1221) addicks @lmnc.org AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER Code of Ordinances Proposal for St. Anthony, MN L -M-C- League of Minnesota Cities Cities promoting a=e1lence League of Minnesota Cities 145 University Avenue West St. Paul, MN 55103 -2044 Duke Addicks, Special Counsel (651) 281 -1221 q ERICAN ,; LEGAL Publishing Corporation American Legal Publishing 432 Walnut Street Cincinnati, OH 45202 Ray Bollhauer, Staff Attorney (800) 445 -5588 II: CODIFICATION SERVICES AGREEMENT January 24, 2007 The City of St. Anthony, Minnesota ( "City") and the League of Minnesota Cities and its codification consultant, American Legal Publishing Corporation, (jointly known as "Codifier "), agree as follows: I. THE CODIFIER SHALL: (1) Examine the City's prior code of ordinances (if any), and all ordinances or resolutions provided by the City which have been passed since the last codification, and determine which materials are to be codified. (2) Classify all materials into titles, chapters, and sections, according to subject matter. (3) Update all provisions to reflect current statutory and case law requirements. (4) Simplify language where appropriate to effect uniformity of style and to convert to gender neutral language wherever possible. (5) Suggest new provisions which the City should consider including in the new code, and delete old provisions which are no longer necessary or which might be improper or unlawful. (6) Organize the code in an easy to use manual which utilizes a numbering system that allows for the easy insertion of future ordinances. (7) (a) Prepare title, chapter, and section headings. (b) Prepare a legislative history for each section, citing the ordinance number and date of passage, as indicated on copies of ordinances supplied to the Codifier. (c) Prepare a table of contents and sectional analysis for each chapter. (d) Prepare an index (which will be created after the first draft of the Code is submitted). (8) Within six months of the execution of this contract and return of the code questionnaire, prior code and new ordinances by the City, submit to the city a draft of the code with a legal report prepared by American Legal with the assistance of the League's Attorney. (9) When the City either returns to American Legal its answers to the legal report with any additional comments about the draft, or completes the legal conference, it shall be deemed authorization by the City to the Codifier to finish editing and publish the code in final form. Any further changes, additions, or deletions shall be made in the future supplements to the code in accordance with paragraph III (3) of this Agreement. (10) Within three months of receipt of authorization as indicated in paragraph (9), the Codifier will deliver 20 printed copies of the code meeting the following specifications: (a) Type to be single or dual column, at the option of the City. (b) Page size to be 8'/2" x I V. (c) All copies to be in hard leather -like covered, 3 -ring, loose leaf binders. All binders shall have the City's name stamped in gold and shall contain divider tabs. Page I of 5 19 20 (11) Deliver to the City a sample ordinance that can be used to adopt the new code. In addition, upon request, the Codifier will provide a copy of the completed code on computer disk in WordPerfect or Microsoft Word compatible at no additional charge. Il. THE CITY SHALL: (1) Provide clear copies of all materials necessary to perform the codification, including a copy of any previously published code of ordinances, ordinances passed since the code was last updated, City Charter if applicable, and completed code questionnaire. (2) After receipt of the draft and legal report described in paragraph I (8), the City shall have 60 days to review the draft and report and to return to the Codifier its answers to the legal report. In the alternative, if the City opts for the legal conference described in paragraph III (1), it must contact the Codifer's Staff Attorney within 60 days to set up a meeting date. The meeting, itself, need not occur within the same 60 day period. If the City fails to either return its comments and answers to the legal report within 60 days or, if applicable, to set up a meeting date, the City may request that the Codifier extend the deadline in writing. The Codifier may adjust the contract price to cover any increased costs due to the City's delay. Should the City abandon the project prior to completion, it will be billed for a total of 80% of the base price. (3) Pay to the League as a base price, the sum of $11,995 for its services, payable as follows: 10% down payment due upon acceptance of this agreement (invoice will be sent); 60% upon receipt of the draft of the new code; The retraining balance upon receipt of the printed code books. (4) The base price above is based upon a code of the following number of pages according to the format option of the City. Should the final number of code pages exceed or be less than the estimate by more than 5 %, the base price will increase or decrease accordingly at the time of final invoice: FORMAT NUMBER OF PAGES DECREASE OR INCREASE 8'h" x I1" Single-column page 500 $18 per page beyond 5% 8'h" x 11" Dual - column page 415 $22 per page be and 5% (5) Pay any invoices within 30 days of the invoice date. Invoices outstanding beyond the 30 day period shall be subject to a late payment equal to 1.5% of the unpaid balance per month, or part thereof. III. OPTIONAL SERVICES. The City, by the initials of the person signing the agreement, chooses the following options: INITIAL (1) Legal Conference: The Codifier's Staff Attorney (or the League's attorney if requested by the City) will meet with City representatives to review the draft of the code and legal report. The City will pay for the Page 2 of 5 Staff Attorney' travel expenses from Cincinnati, Ohio (or the League's attorney's expenses from 21 St. Paul, Minnesota), including meals and lodging expenses, and this charge is in addition to the base contract price. There is no additional charge for phone conferences. (2) Code Format: Print style (circle one): Single - column or Dual - column (3) Three year supplemental service plan: For a period of three years after delivery of the code: (a) The Codifier shall: 1. Incorporate into the code new pertinent ordinances submitted by the City. 2. Revise or make additional entries to the table of contents and index as necessary to reflect the incorporation of additional, changed or deleted material. 3. Within 45 days, deliver to the City 20 printed copies of supplemental pages with an instruction sheet for directing the placement of the new pages in the code. (b) The City shall: 1. Provide a copy of ordinances or resolutions passed subsequent to publication of the previous code supplement; 2. Pay to the Codifier the sum of $18 per single column page or $22 per dual column page which is re- printed for the supplement. (c) Upon completion of the three -year period, this agreement shall automatically renew itself from year to year except that either party may alter or cancel the terms of this agreement at any time upon ninety days written notice. (4) Additional Copies of Code: number of copies The Municipality may purchase additional codes at: (5) Code in Word Processing Program: (with binders: Yes or No) $60 per copy or $45 without a binder. At no additional charge, the Codifier will provide the code on disk or CD in one of the following formats (circle one): WordPerfect or Microsoft Word compatible (formatting might be slightly different than in WordPerfect file used to create code) Page 3 of 5 (6) Folio Search and Retrieval program: (a) The codifier shall provide the City's code in the Folio format on CD with complete instructions and one copy of a manual for $595. Additional CD's are $10 each + $50 license fee ($60 each): # (b) Future Supplements of Folio Code: (cost is in addition to editing charge for printed pages) • Annual update: $195 includes up to 100 pages CDs • Six month updates: $150 for each 6 month period; includes up to 75 pages • Quarterly updates: $100 for each quarter, includes up to 50 pages - Excess pages charged at $1.95 each (c) Additional License Fees for a one -time fee of $50 each: Order: # of additional licenses (d) Optional On -Site Installation & Training at$695 /day + Travel Expenses: (e) Code on the Internet (after Folio conversion) at $250 per year: (7) Pamphlets: (a) Pamphlets, sized for 81h" x 11" copy, containing component parts of the Code, with a cardstock cover, may be ordered: (circle desired topic and insert number of copies): Traffic /General Offenses Code # of copies Zoning Code # of copies Subdivision # of copies All Land Use Regulations # of copies Other # of copies (b) Cost: 1 -50 copies of pamphlet — .075 per printed page 51 -99 copies of pamphlet — .070 per printed page 100 or more copies of pamphlet — .065 per printed page (c) Optional 3 -ring binders ($15 each) Page 4 of 5 22 IV. TRANSMITTAL AS OFFER: The transmittal of this Agreement to the City is an offer by the Codifier to perform the stated services at the terms referenced within the Agreement. This offer will expire if not executed by the City by June 30, 2007, unless such date is extended in writing by the Codifier. IN WITNESS WHEREOF, the parties have hereunto set their hands on the date(s) indicated: CITY OF ST. ANTHONY, MINNESOTA M TITLE DATE IN THE PRESENCE OF: LEAGUE OF MINNESOTA CITIES AND AMERICAN LEGAL PUBLISHING M TITLE DATE IN THE PRESENCE OF: Page 5 of 5 23 24 STAFF REPORT To: Mayor and Councilmembers Report No.: Michael Morrison, City Manager From: Kim Moore- Sykes, Assistant City Manager Date: May 31, 2007 Subject: Sign Ordinance Revision Background: One of the chapters of the City's Code that has been proposed for immediate revision is Chapter 14, Sips. Staff attended an LMC land use workshop in December 2006, at which sign ordinances were reported as increasingly problematic for cities. Paul Merwin, LMCIT attorney, facilitated the workshop and provided ample information and examples of various law suits that are based on over - regulated speech through cities' sign ordinances. Mr. Merwin suggested that a city's sign ordinance should be mindful of the following concepts: • Content neutral — Do not regulate signs based on content. Content neutral regulations based on time, place and manner, i.e. size, brightness, zoning district, spacing and movement. • Allow adequate opportunities to communicate — Do not favor commercial speech (advertising) over noncommercial speech. • Allow no discretion — Restrictions on signs must accomplish a substantial government interest and be no broader than necessary. Governmental interests recognized by the courts are traffic safety and aesthetics. • Clear and timely procedures — Provide and follow clear procedures, avoid exceptions and explain rational and purpose. Keeping these concepts in mind, staff is currently reviewing the City's Sign Ordinance. Based on the information provided by the LMC workshop and comments by Mr. Merwin, Staff recommends that the City's Chapter 14 Sites. be revised. The League also recommends that cities should consider placing a moratorium on sign permits while revising its sign ordinance to prevent the "grandfathering" of undesirable signs. Attachments: • Sign Ordinances & the First Amendment, PowerPoint presentation as provided by Paul Mervin, LMC Attorney F: \Staff Reports \2007\053107 Sign Ordinance Revision staff report .doc 24 STAFF REPORT To: Mayor and Councihnembers Report No.: Michael Morrison, City Manager From: Kim Moore - Sykes, Assistant City Manager Date: May 31, 2007 Subject: Sign Ordinance Revision Background: One of the chapters of the City's Code that has been proposed for immediate revision is Chapter 14, Sites. Staff attended an LMC land use workshop in December 2006, at which sign ordinances were reported as increasingly problematic for cities. Paul Merwin, LMCIT attorney, facilitated the workshop and provided ample information and examples of various law suits that are based on over - regulated speech through cities' sign ordinances. Mr. Memin suggested that a city's sign ordinance should be mindful of the following concepts: • Content neutral — Do not regulate signs based on content. Content neutral regulations based on time, place and manner, i.e. size, brightness, zoning district, spacing and movement. • Allow adequate opportunities to communicate — Do not favor commercial speech (advertising) over noncommercial speech. • Allow no discretion — Restrictions on signs must accomplish a substantial government interest and be no broader than necessary. Governmental interests recognized by the courts are traffic safety and aesthetics. • Clear and timely procedures — Provide and follow clear procedures, avoid exceptions and explain rational and purpose. Keeping these concepts in mind, staff is currently reviewing the City's Sign Ordinance. Based on the information provided by the LMC workshop and comments by Mr. Merwin, Staff recommends that the City's Chapter 14 Sites. be revised. The League also recommends that cities should consider placing a moratorium on sign permits while revising its sign ordinance to prevent the "grandfathering" of undesirable signs. Attachments: • Sign Ordinances & the First Amendment, PowerPoint presentation as provided by Paul Mervin, LMC Attorney F: \Staff Reports \2007 \053107 Sign Ordinance Revision staff report .doc 2� CA UQ cn CD CD CD CD ' w o Ov N �.. .gin. a.- ■ lim I ft x 27 VA n K CA n ob I ■nn ■ -' CA O ,t p ru cn cn cn Cl) cn rt rt p O rr r; � O cn ,r cn O rt n O C n z 0 0 CD n �n V 0 n K n Fes+ • CD n ■ rlt r4 O rD cn cn cn V 0 n K n Fes+ • CD n 32 d r� r� n rD rt tD rlt n cn 0 ■ M-1 r-t- A n 0 IrD n CD n O � 1 T� l V cn m ■ � 1 c��r• O (7 O w� I *Nis I� V rD (fD l I CD r* rt �r t 0 O O rt O � 1 T� l V cn m ■ � 1 c��r• O (7 O w� I *Nis I� V rD (fD l I � O � n O � n O O � n n n � � � � n 11 � 11 n V O o � � o rD n n ro n � n n n n ■ NJ n �4 O O CrQ P ■ NJ n O n O ■ N O It ►--+ C� C► MEMEL �D K ■ C) r-t. rD U9 O r�n-t r-t P"f z CD K N G rD Q 5 o n p c'i � O O cn CD cn o �, cn A' O rD n cn rt r rD rD cn r-t N m cn rD r rD rD n N rD • r~t rD r�-h cn cn CD rD ~ rD r rD � n p Or+ rD rD cn ■ C) r-t. rD U9 O r�n-t r-t P"f z CD K ■ �7' � 7 � \ Q c rlt ■ ■ t7' O c 0 � § � �a � � � � � � � �, 6 � � ■ ■ ■ � ■ ■ ■ § ® r / \ / D rlt 2 \ � � n M Q 0 » � �a � � � � � � � �, 6 � � ■ ■ � 2 � Z § ® r \ / 2 �a � � � � � � � �, 6 � � c CA CA M op n O op �OP 0 n 0 wo O G.. h rt o , �• �; rt a�q �.b � • � n rlt O ' o � rt cn rt 0� p•-t p C� n n ~ �- rt cn n' rt «-O C•D � CIG O ru � � O rt n � rt r O r .� O rD O G.. ■ ■ �D O O � r rt P7' n rt O n cn n O O H rlt F-; iU n 'ZS r, O rD n •v IT7 0 LR &44 U) ct H 0 (D 0 Q) t-h N H W 0 LQ fi U1 po 0 (D N N- rt � N- (D 0 5 N iA 0 b" a �- N �- H- En w P. 0 0 N- P a 0 I-n rt rD 0 �c 0 ov n •v o � b" O tr P) N �LQ o m a �:5 m En rn to Z N (D o LQ N t-n �J Cl) O 0 ' 0 rd o � ro O E. a rr n a N- rr rt rt _ (D N- O n rn � O N o n m o � b" O tr P) N �LQ o m a �:5 m En rn to Z N (D o LQ N t-n �J Cl) O 0 ' O R- O (D a n a N- rr rt rt _ (D N- O n rn � O n o n FAN-N km 0 :i Jen O ■ 0 rD rD M w CIA rD rD n O n rD O O ■ w �-t rD El FA rel ■ rD F-; C'D • C!1 n n r-f CD ■ W CA row A� Staff Report To: Mike Mornson From: John Malenick, Fire Chief Date: May 15, 2007 Re: Ordinance Review /Changes Background: After the 2007 Goal Setting session, staff was directed to explore and propose possible improvements to current city ordinances as they pertain to property maintenance. Of particular concern was how the current code addressed rental property fees and inspections. To this end, staff began researching the ordinances of various neighboring cities as well as state and federal law regarding property maintenance. In addition, the city attorney's office (Foster and Brever) was contacted for legal considerations of implementing an enforceable property inspection program. Findings: Staff has found that several of our neighbors have adopted the use of the International Property Maintenance Code (IPMC) to enforce their property maintenance requirements. The IPMC was developed by the International Code Council and is compatible with all other International Codes. St. Anthony currently enforces the International Building Code, Electrical Code and the International Fire Code. The IPMC is a comprehensive document covering the exterior property areas as well as the exterior and interior of all city structures. This includes occupancy limitations and safety requirements for existing residential and nonresidential structures. The administrative chapter provides for the duties and powers of the code official with respect to the formation of an inspection program. Provisions have been made in the code for the insertion of local preferences such as the maximum height of vegetation. The IPMC is also superseded by local ordinance and as such can be amended by St. Anthony to more closely reflect our needs. Staff has also prepared a sample ordinance pertaining specifically to rental property including licensing and new fee structure proposals, something not addressed in the IPMC. The sample ordinance also includes an appeals process that would include a hearing before the City Council prior to any misdemeanor charges being pursued. We have also begun research into granting code officials authority to issue citations for misdemeanor noncompliance violations and will further pursue this at council/ manager direction. More research is needed into legal ramifications and where the citation fits into the process, before or after appeals. In addition, we have explored the possible costs that would be incurred with a more formal property inspection program. This includes an estimated 15 to 20 hours per week of W inspection time, legal fees and inspector training. It was anticipated that a more robust rental fee structure would compensate for any increased inspection spending. Other issues considered: Some concern has been raised with regard to building projects not being completed in a timely manor. Our current building permit does not have an expiration date as long as some progress, however slow, is being made. A discussion with Kevin White of Castle Inspections revealed that he does not enforce any time limit but only responds to requests for inspection. Staff believes a time limit should be enforced and the permit renewed at an escalating rate. Further research is needed. Adoption of the newly revised International Fire Code (2006) should be accomplished this year with several amendments to local ordinance to reflect local concerns (i.e. barbecues on balconies, recreational fires, etc.....). A proposal for resolution for this is being prepared by the Fire Marshal. An ordinance proposal is under review to address the number of vehicles allowed to park on residential property. Currently, only vehicles deemed to be abandoned (inoperable) are prohibited. With the addition of a second collection bin for recycling, there has been some difficulty with the storage of collection bins in the front yard setback. Many residents have no access to their side yard and are reluctant to make room in the garage. Staff believes the intent of the current ordinance (aesthetic appearance) is still valid but will explore possible language requiring screening if bins kept in the front yard. Attachments: Draft code additions/ deletions - International Property Maintenance Code 2003 Alternative fee structures Estimated budget for inspection program Thank you for your consideration. Staff involved: Kim Moore - Sykes, Barb Suciu, Phuongmai Dang, Rick Lundeen, John Malenick . 50 PREFACE. Introduction Internationally, code officials recognize the need for a modern, up -to -date property maintenance code governing the maintenance of existing buildings. The International Property Maintenance Code, in this 2003 edition, is designed to meet this need through model code regulations that contain clear and specific property maintenance requirements with required property improvement provi- sions. This 2003 edition is fully compatible with all the International Codes ( "I- Codes ") published by the International Code Council (ICC), including the International Building Code, ICC Electrical Code, International Energy Conservation Code, International Existing Building Code; International Fire Code, International Fuel Gas Code, International Mechanical Code, ICC Performance Code, International Plumbing Code, International Private Sewage Disposal Code, International Residential Code, International Urban- 1WIdland Interface Code and International Zoning Code. The International Property Maintenance Code provisions provide many benefits, among which is the model code development process that offers an international forum for code odicials and other interested patties to discuss performance and prescriptive code requirements. This forum provides an excellent arena to debate proposed revisions. This model code also encourages international consistency in the application of provisions. Development The first edition of the International Property Maintenance Code (1998) was the culmination of an effort initiated in 1996 by a de- velopment committee appointed by ICC and consisting of the representatives of the three statutory members of the International Code Council: Building Officials and Code Administrators International, Inc. (BOCA), International Conference of Building Offi- cials (ICBO) and Southern Building Code Congress International ( SBCCI). The committee drafted a comprehensive set of regula- tions for existing buildings that was consistent with the existing model property maintenance codes at the time. This 2003 edition presents the code as originally issued, with changes approved through the ICC Code Development Process through 2002. A new edi- tion such as this is promulgated every three years. With the development and publication of the family of International Codes in 2000, the continued development and maintenance of the model codes individually promulgated by BOCA (`BOCA National Codes "), ICBO ( "Uniform Codes ") and SBCCI ( "Stan- dard Codes ") was discontinued. This 2003 International Property Maintenance Code, as well as its predecessor —the 2000 edition, is intended to be the successor property maintenance code to those codes previously developed by BOCA, ICBO and SBCCI. The development of a single set of comprehensive and coordinated family of International Codes was a significant milestone in the development of regulations for the built environment. The timing of this publication mirrors a milestone in the change in struc- ture of the model codes, namely, the pending Consolidation of BOCA, ICBO and SBCCI into the ICC. The activities and services previously provided by the individual model code organizations will be the responsibility of the Consolidated ICC. This code is founded on principles intended to establish provisions consistent with the scope of a property maintenance code that adequately protects public health, safety-and welfare; provisions that do not unnecessarily increase construction costs; provisions that do not restrict the use of new materials, productions or methods of construction; and provisions that do not give preferential treatment to particular types or classes of materials, products or methods of construction. Adoption The International Property Maintenance Code is available for adoption and use by jurisdictions internationally. Its use within a gov- ernmental jurisdiction is intended to be accomplished through adoption by reference in accordance with proceedings establishing the jurisdiction's laws. At the time of adoption, jurisdictions should insert the appropriate information in provisions requiring spe- cific local information, such as the name of the adopting jurisdiction. The §e locations are shown in bracketed words in small capital letters in the code and in the sample ordinance. The sample adoption ordinance on page v addresses several key elements of a code adoption ordinance, including the information required for insertion into the code text. Maintenance The International Property Maintenance Code is kept up to date through the review of proposed changes submitted by code enforc- ing officials, industry representatives, design professionals and other interested parties. Proposed changes are carefully considered through an open code development process in which all interested and affected parties may participate. The contents of this work are subject to change both through the Code Development Cycles and the governmental body that en- acts the code into law. For more information regarding the code development process, contact the Code and Standard Development Department of the International Code Council. 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE 51 While the development procedure of the International Property Maintenance Code assures the highest degree of care, ICC and the founding members of ICC —BOCA, ICBO, SBCCI —their members and those participating in the development of this code do not accept any liability resulting from compliance or noncompliance with the provisions because ICC and its founding members do not have the power or authority to police or enforce compliance with the contents of this code. Only the governmental body that en- acts the code into law has such authority. Letter Designations in Front of Section Numbers In each code development cycle, proposed changes to this code are considered at the Code Development Hearing by the Interna- tional Property Maintenance Code Development Committee, whose action constitutes a recommendation to the voting membership for final action on the proposed change. Proposed changes to a code section whose number begins with a letter in brackets are con- sidered by a different code development committee. For instance, proposed changes to code sections which have the letter [F] in front (e.g., [F] 704. 1), are considered by the International Fire Code Development Committee at the Code Development Hearing. Where this designation is applicable to the entire content of a main section of the code, the designation appears at the main section number and title and is not repeated at every subsection in that section. The content of sections in this code which begin with a letter designation are maintained by another code development committee in accordance with the following: [F] = International Fire Code Development Committee; and [P] = International Plumbing Code Development Committee. Marginal Markings Solid vertical lines in the margins within the body of the code indicate a technical change from the requirements of the 2000 edition. Deletion indicators ( * ) are provided in the margin where a paragraph or item has been deleted. IV 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE 52 ORDINANCE The International Codes are designed and promulgated to be adopted by reference by ordinance. Jurisdictions wishing to adopt the 2003 International Property Maintenance Code as an enforceable regulation governing existing structures and premises should ensure that certain factual information is included in the adopting ordinance at the time adoption is being considered by the appropriate governmental body. The following sample adoption ordinance addresses several key elements of a code adoption or- dinance, including the information required for insertion into the code text. SAMPLE ORDINANCE FOR ADOPTION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE ORDINANCE NO. An ordinance of the [JURISDICTION] adopting the 2003 edition of the International Property Maintenance Code, regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utili- ties and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupa- tion and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures in the [JURISDICTION]; providing for the issuance of permits and collection of fees therefor; repealing Ordi- nance No. of the [JURISDICTION] and all other ordinances and parts of the ordinances in conflict therewith. The [GOVERNING BODY] of the [JURISDICTION] does ordain as follows: Section 1. That a certain document, three (3) copies of which are on file in the office of the [TITLE OFJURISDICTION'S KEEPER OF RECORDS] Of [NAME OF JURISDICTION], being marked and designated as the International Property Maintenance Code, 2003 edi- tion, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the [JURIS- DICTION], in the State of [STATE NAME] for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to en- sure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for hu- man occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the [JURISDICTION] are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance. Section 2. The following sections are hereby revised: Section 101.1. Insert: [NAME OF JURISDICTION] Section 103.5. Insert: [APPROPRIATE SCHEDULE] Section 304.14. Insert: [DATES IN TWO LOCATIONS] Section 602.3. Insert: [DATES IN TWO LOCATIONS] Section 602.4. Insert: [DATES IN TWO LOCATIONS] Section 3. That Ordinance No. of [JURISDICTION] entitled [FILL IN HERE THE COMPLETE TITLE OF THE ORDINANCE OR ORDINANCES IN EFFECT AT THE PRESENT TIME $O THAT THEY WILL BE REPEALED BY DEFINITE MENTION] and all other ordi- nances or parts of ordinances in conflict herewith are hereby repealed. Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitu- tional, such decision shall not affect the validity of the remaining portions of this ordinance. The [GOVERNING BODY] hereby de- clares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 5. That nothing in this ordinance or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, of liability incurred, or any cause or causes of action acquired or ex- isting, under any act or ordinance hereby repealed as cited in Section 2 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance. Section 6. That the [JURISDICTION'S KEEPER OF RECORDS] is hereby ordered and directed to cause this ordinance to be pub- lished. (An additional provision may be required to direct the number of times the ordinance is to be published and to specify that it is to be in a newspaper in general circulation. Posting may also be required.) 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE 53 Section 7. That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect [TIME PERIOD] from and after the date of its final passage and adoption. vi 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE TABLE OF CONTENTS CHAPTER 1 ADMINISTRATION ................ I Section 101 102 103 104 105 106 107 108 109 110 111 General..... ..............................1 Applicability . ..............................1 Department of Property Maintenance Inspection . ..............................1 Duties and Powers of the Code Official ......... 2 Approval .... ..............................2 Violations ... ..............................3 Notices and Orders . .........................3 Unsafe Structures and Equipment .............. 3 Emergency Measures ........................4 Demolition . ............................... 4 Means of Appeal ...........................5 CHAPTER 2 DEFINITIONS .....................7 Section 201 General ..... ..............................7 202 General Definitions ......................... 7 CHAPTER 3 GENERAL REQUIREMENTS ....... 9 Section 301 General ..... ..............................9 REQUIREMENTS .................19 302 Exterior Property Areas ......................9 15 303 Swimming Pools, Spas and Hot Tubs........... 9 304 Exterior Structure ..........................10 Heating Facilities ..........................17 305 interior Structure ..........................11 Mechanical Equipment ..................... 306 Handrails and Guardrails .................... I1 307 Rubbish and Garbage ....................... 11 308 Exterminat ion .............................11 Elevators, Escalators and Dumbwaiters ........18 CHAPTER 4 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS ......13 Section 401 General ..... .............................13 REQUIREMENTS .................19 402 Light ....... .............................13 15 403 Ventilation .. .............................13 General ..... .............................17 404 Occupancy Limitations .....................13 Heating Facilities ..........................17 CHAPTER 5 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS ....... 15 Section 501 General ..... .............................15 502 Required Facili ties ......................... 15 54 503 Toilet Rooms .............................15 REQUIREMENTS .................19 504 Plumbing Systems and Fixtures .............. 15 505 Water System .............................15 General ..... .............................17 506 Sanitary Drainage System ...................16 Heating Facilities ..........................17 507 Storm Drainage ...........................16 Mechanical Equipment ..................... CHAPTER 6 MECHANICAL AND ELECTRICAL REQUIREMENTS .................19 REQUIREMENTS .................17 Section Section 701 General ..... .............................19 601 General ..... .............................17 602 Heating Facilities ..........................17 704 Fire Protection Systems .....................19 603 Mechanical Equipment ..................... 17 604 Electrical Facilities ........................17 605 Electrical Equipment .......................18 606 Elevators, Escalators and Dumbwaiters ........18 607 Duct Syst ems .............................18 CHAPTER 7 FIRE SAFETY REQUIREMENTS .................19 Section 701 General ..... .............................19 702 Means of Egress ...........................19 703 Fire - Resistance Ratings .....................19 704 Fire Protection Systems .....................19 CHAPTER 8 REFERENCED STANDARDS ...... 21 INDEX........... .............................23 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® vii 55 VIII 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® CHAPTER 1 ADMINISTRATION SECTION 101 GENERAL 101.1 Title. These regulations shall be known as the Property Maintenance Code of [NAME OF JURISDICTION], hereinafter re- ferred to as "this code." 101.2 Scope. The provisions of this code shall apply to all exist- ing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ven- tilation, space, heating, sanitation, protection from the ele- ments, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penal- ties. 101.3 Intent. This code shall be construed to secure its ex- pressed intent, which is to ensure public health, safety and wel- fare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing struc- tures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. Repairs, alterations, addi- tions to and change of occupancy in existing buildings shall comply with the International Existing Building Code. 101.4 Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitu- tional, such decision shall not affect the validity of the remain- ing portions of this code. SECTION 102 APPLICABILITY 102.1 General. The provisions of this code shall apply to all matters affecting or relating to structures and premises, as set forth in Section 101. Where, in a specific case, different sec- tions of this code specify different requirements, the most re- strictive shall govern. 102.2 Maintenance. Equipment, systems, devices and safe- guards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, operator or occupant shall cause any service, facility, equipment or utility which is requited under this section to be removed from or shut off from or discontinued for any occu- pied dwelling, except for such temporary interruption as neces- sary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise speci- fied herein, the owner or the owner's designated agent shall be 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® 56 responsible for the maintenance of buildings, structures and premises. 102.3 Application of other codes. Repairs, additions or alter- ations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Interna- tional Existing Building Code. Nothing in this code shall be 1 construed to cancel, modify or set aside any provision of the In- ternational Zoning Code. 102.4 Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the juris- diction or its officers or agencies relating to the removal or de- molition of any structure which is dangerous, unsafe and insanitary. 102.5 Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's installation instructions. 102.6 Historic buildings. The provisions of this code shall not be mandatory for existing'buildings or structures designated as historic buildings when such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare. 102.7 Referenced codes and standards.. The codes and stan- dards referenced in this code shall 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. Where differ- ences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. 102.8 Requirements not covered by code. Requirements nec- essary for the strength, stability or proper operation of an exist- ing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the code official. SECTION 103 DEPARTMENT OF PROPERTY MAINTENANCE INSPECTION 103.1 General. The department of property maintenance in- spection is hereby created and the executive official in charge thereof shall be known as the code official. 103.2 Appointment. The code official shall be appointed by the chief appointing authority of the jurisdiction; and the code official shall not be removed from office except for cause and after- full opportunity to be heard on specific and relevant charges by and before the appointing authority. 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the code official shall have the authority to appoint a ADMINISTRATION deputy code official, other related technical officers, inspectors y and other employees. 103.4 Liability. The code official, officer or employee charged with the enforcement of this code, while acting for the jurisdic- tion, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage ac- cruing to persons or property as a result of an act required or permitted in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the department of property mainte- nance inspection, acting in good faith and without malice, shall be free from liability for acts performed under any of its provi- sions or by reason of any act or omission in the performance of official duties in connection therewith. 103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in the following schedule. [JURISDICTION TO INSERT APPROPRIATE SCHEDULE.] SECTION 104 DUTIES AND POWERS OF THE CODE OFFICIAL 104.1 General. The code official shall enforce the provisions of this code. 104.2 Rule- making authority. The code official shall have au- thority as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and procedures; to interpret and implement the provisions of this code; to secure the intent thereof; and to designate requirements applicable be- cause of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance re- quirements specifically provided for in this code, or of violat- ing accepted engineering methods involving public safety. 1043 Inspections. The code official shall make all of the re- quired inspections, or shall accept reports of inspection by ap- proved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 104.4 Right of entry. The code official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and sei- zures. If entry is refused or not obtained, the code official is au- thorized to pursue recourse as provided by law. 104.5 Identification. The code official shall carry proper ideh- tification when inspecting structures-or premises in the perfor- mance of duties under this code. 104.6 Notices and orders. The code official shall issue all nec- essary notices or orders to ensure compliance with this code. 104.7 Department records. The code official shall keep offi- cial records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records as long as the building or struc- ture to which such records relate remains in existence, unless otherwise provided for by other regulations. 104.8 Coordination of inspections. Whenever in the enforce- ment of this code or another code or ordinance, the responsibil- ity of more than one code official of the jurisdiction is involved, it shall be the duty of the code officials involved to coordinate their inspections and administrative orders as fully as practica- ble so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors or multiple or con- flicting orders. Whenever an inspector from any agency or de- partment observes an apparent or actual violation of some provision of some law, ordinance or code not within the inspec- tor's authority to enforce, the inspector shall report the findings to the code official having jurisdiction. SECTION 105 APPROVAL 105.1 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the code of- ficial shall have the authority to grant modifications for individ- ual cases, provided the code official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and pur- pose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the de- partment files. 105.2 Alternative materials, methods and equipment. The provisions of this code are not intended to prevent the installa- tion of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alterative has been approved. An alternative material or method of construction shall be approved where the code offi- cial finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the mate- rial, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. 105.3 Required testing. Whenever there is insufficient evi- dence of compliance with the provisions of this code, or evi- dence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction. 105.3.1 Test methods. Test methods shall be as specified in Us code or by other recognized test standards. In the ab- sence of recognized and accepted test methods, the code of- ficial shall be permitted to approve appropriate testing procedures performed by an approved agency. 105.3.2 Test reports. Reports of tests shall be retained by the code official for the period required for retention of pub- lic records. 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® 57 105.4 Material and equipment reuse. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when neces- sary, placed in good and proper working condition and ap- proved. SECTION 106 VIOLATIONS 106.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code. 106.2 Notice of violation. The code official shall serve a notice of violation or order in accordance with Section 107. 106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a misdemeanor, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall insti- tute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or ter- mination of the unlawful occupancy of the structure in viola- tion of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority hav- ing 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. 106.4 Violation penalties. Any person who shall violate a pro- vision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a violation con- tinues after due notice has been served shall be deemed a sepa- rate offense. 106.5 Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the ju- risdiction from instituting appropriate action to restrain, cor- rect or abate a violation, onto prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, con- duct, business or utilization of the building, structure or pre- mises. SECTION 107 NOTICES AND ORDERS 107.1 Notice to person responsible. Whenever the code offi- cial determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3 to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 108.3. 107.2 Form. Such notice prescribed in Section 107.1 shall be in accordance with all of the following: 1. Be in writing. 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE@ ADMINISTRATIOt 8 2. Include a description of the real estate sufficient for iden- tification. 3. Include a statement of the violation or violations and why the notice is being issued. 4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the pro- visions of this code. 5. Inform the property owner of the right to appeal. 6. Include a statement of the right to file a lien in accor- dance with Section 106.3. 107.3 Method of service. Such notice shall be deemed to be Properly served if a copy thereof is: 1. Delivered personally; 2. Sent by certified or fast -class mail addressed to the last known address; or 3. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. 107.4 Penalties. Penalties for noncompliance with orders and notices shall be as set forth in Section 106.4. 107.5 Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, trans- feree, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall fur- nish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. SECTION 108 UNSAFE STRUCTURES AND EQUIPMENT 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 condemned pursuant to the provisions of this code. 108.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not provid- ing minimum safeguards to protect or wam occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structur- ally unsafe or of such faulty construction or unstable foun- dation, that partial or complete collapse is possible. ADMINISTRATION 108.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure. 108.13 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment re- quired by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. 108.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or oc- cupied- contrary to law. 108.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post aplacard 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 arid secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be 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. 108.3 Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, no- tice shall be posted in a conspicuous place in or about the struc- ture 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 equip- ment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in Section 107.2. 108A Placarding. Upon failure of the owner or person respon- sible to comply with the notice provisions within the time given, the code official shall post on the premises or on defec- tive equipment a placard bearing the word "Condemned' ' and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. 1084.1 Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or re- moves a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code. 1 108.5 Prohibited occupancy. Any occupied structure con- demned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code. SECTION 109 EMERGENCY MEASURES 109.1 Imminent danger. When, in the opinion of the code offi- cial, there is imminent danger of failure or collapse of a build- ing or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occu- pation of the structure, or when there is actual or potential dan- ger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operationof defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure is Unsafe and Its Occupancy Has Been Prohibited by the Code Official,' It shall be unlawful for any person to enter such structure except for the purpose of se- curing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. 109.2 Temporary safeguards. Notwithstanding other provi- sions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. 109.3 Closing streets. When necessary for public safety, the code official shall temporarily close structures and close, or or- der the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and pro- hibit the same from being utilized. 109.4 Emergency repairs. For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible. 109.5 Costs of emergency repairs. Costs incurred in the per- formance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs. 109.6 Hearing. Any person ordered to take emergency mea- sures shall comply with such order forthwith. Any affected per- son shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code. SECTION 110 DEMOLITION 110.1 General. The code official shall order the owner of any premises upon which is located any structure, which in the code official's judgment is so old, dilapidated or has become so out 2003 INTERNATIONAL PROPERTY MAINTENANCE CODED 59 of repair as to be dangerous, unsafe, insanitary or otherwise un- fit for human habitation or occupancy, and such that it is unrea- sonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner's option; or where there has been a cessa- tion of normal construction of any structure for a period of more than two years, to demolish and remove such structure. 110.2 Notices and orders. All notices and orders shall comply with Section 107. 110.3 Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and re- moved, either through an available public agency or by contract or arrangement with private persons, and the cost of such de- molition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. 110.4 Salvage materials. When any structure has been ordered demolished and removed, the governing body or other desig- nated officerunder said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the re- port shall so state. SECTION 111 MEANS OF APPEAL 111.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed 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 in- tent 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 sat- isfied by other means. 111.2 Membership of board. The board of appeals shall con- sist of a minimum of three members who are qualified by expe- rience and training to pass on matters pertaining 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 ap- pointed by the chief appointing authority, and shall serve stag- gered and overlapping terms. 111.2.1 Alternate members. The chief appointing author- ity shall appoint two or more alternate members who shall be called by the board chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board member- ship. 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® ADMINISTRATION 6 0 111.2.2 Chairman. The board shall annually select one of its members to serve as chairman, 111.23 Disqualification of member. A member shall not hear an appeal in which that member has a personal, profes- sional or financial interest. 111.2.4 Secretary. The chief administrative officer shall designate a qualified person to serve as secretary to the board. The secretary shall file a detailed record of all pro- ceedings in the office of the chief administrative officer. 111.2.5 Compensation of members. Compensation of members shall be determined by law. 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. 111.4 Open hearing. All hearings before the board shall be open to the public. The appellant, the appellant's representa- tive, the code official and any person whose interests are af- fected shall be given an opportunity to be heard. A quorum shall consist of not less than two - thirds of the board member- ship. 111.4.1 Procedure. The board shall adopt and make avail- able to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. 111.5 Postponed hearing. When the full board is not present to hear an appeal, either the appellant or the appellant's represen- tative shall have the'right to request a postponement of the hear- ing. 111.6 Board decision. The board shall modify or reverse the decision of the code official only by a concurring vote of a ma- jority of the total number of appointed board members. 111.6.1 Records and copies. The decision of the board shall be recorded. Copies shall be furnished to the appellant and to the code official. 111 '6.2 Administration. The code official shall take imme- diate action in accordance with the decision of the board. 111.7 Court review. Any person, whether or not a previous parry of the appeal, shall have the right to apply to the appropri- ate court for a writ of certiorari to correct errors of law. Applics- tion for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer. 111.8 Stays of enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforce- ment of the notice and order until the appeal is heard by the ap- peals board. M 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® 62 CHAPTER DEFINITIONS SECTION 201 GENERAL 201.1 Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter. 201.2 Interchangeability. Words stated in the present tense in- clude the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plu- ral and the plural, the singular. 201.3 Terms defined in other codes. Where terms are not de- fined in this code and are defined in the International Building Code, International Fire Code, International Zoning Code, In- ternational Plumbing Code, International Mechanical Code, International Existing Building Code or the ICC Electrical Code, such terms shall have the meanings ascribed to them as in those codes. 201.4 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. 201.5 Parts. Whenever the words "dwelling unit," "dwelling," "premises," "building," "rooming house," "rooming unit" "housekeeping unit" or "story" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof." SECTION 202 GENERAL DEFINITIONS APPROVED. Approved by the code official BASEMENT. That portion of a building which is partly or completely below grade. BATHROOM. A room containing plumbing fixtures includ- ing a bathtub or shower. BEDROOM. Any room or space used or intended to be used for sleeping purposes. CODE OFFICIAL. The official who is charged with the ad- ministration and enforcement of this code, or any duly autho- rized representative. CONDEMN. To adjudge unfit for occupancy. DWELLING UNIT. A single unit providing complete, inde- pendent living facilities for one or more persons, including per- manent provisions for living, sleeping, eating, cooking and sanitation. EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above a said lot or lots. 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or opera- tors of such premises. EXTERMINATION. The control and elimination of insects, rats or other pests by eliminating their harborage places; by re- moving or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods. GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food. GUARD. A building component or a system of building com- ponents located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walk- ing surface to a lower level. HABITABLE SPACE. Space in a structure for living, sleep- ing, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces. HOUSEKEEPING UNIT. A room or group of rooms for single habitable space equipped and intended to be used for I living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower. IMMINENT DANGER. A condition which could cause seri- ous or life - threatening injury or death at any time. INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests. INOPERABLE MOTOR VEHICLE. A vehicle which can- not be driven upon the public streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power. LABELED. Devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol or other identify- ing mark of a nationally recognized testing laboratory, inspec- tion agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above - labeled items and by whose label the manufac- turer attests to compliance with applicable nationally recog- nized standards. LET FOR OCCUPANCY OR LET. To permit, provide or of- fer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a re- corded or unrecorded agreement of contract for the sale of land. OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied. OCCUPANT. Any individual living or sleeping in a building, or having possession of a space within a building. DEFINITIONS OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors. OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy. OWNER. Any person, agent, operator, f¢rn or corporation having a legal or equitable interest in the property; aFrecarded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such per- son, and the executor or administrator of the estate of such per- son if ordered to take possession of real property by a court. PERSON. An individual, corporation, partnership or any other group acting as a unit. PREMISES. A lot, plot or parcel of land, easement or public way, including any structures thereon. PUBLIC WAY. Any street, alley or similar parcel of land es- sentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use. ROOMING HOUSE. A building arranged or occupied for lodging, with or without meals, for compensation and not occu- pied as a one- or two - family dwelling. ROOMING UNIT. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. RUBBISH. Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials. STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove crimi- nal intent as a part of its case. It is enough to prove that the de- fendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do. STRUCTURE. That which is built or constructed or a portion thereof. TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit. TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower. VENTILATION. The natural or mechanical process of sup- plying conditioned or unconditioned air to, or removing such air from, any space. WORKMANLIKE. Executed in a skilled manner; e.g., gener- ally plumb, level, square, in line, undamaged and without mar- ring adjacent work. YARD. An open space on the same lot with a structure. 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE@ 63 CHAPTER GENERAL REQUIREMENTS SECTION:301 GENERAL 301.1 Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. 301.2 Responsibility. The owner of the premises shall main- tain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner- occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the require- ments of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, room- ing unit, housekeeping unit or premises which they occupy and control. 301.3 Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or. safety. SECTION 302 EXTERIOR PROPERTY AREAS 302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occu- pant shall keep that part of the exterior property which such oc- cupant occupies or controls in a clean and sanitary condition. 302.2 Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Exception: Approved retention areas and reservoirs. 302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. 302.4 Weeds. All premises and exterior property shall be main- tained free from weeds or plant growth in excess of Ourisdic- tion 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 prop- erty to cut and destroy weeds after service of a notice 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 authorized to enter upon the property 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® 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. 302.5 Rodent harborage. All structures and exterior property shall be kept free from rodentharborage and infestation. Where rodents are found, they shall be promptly exterminated by ap- proved processes which will not be injurious to human health. After extermination, properprecautions shall be taken to elimi- nate rodent harborage and prevent reinfestation. 302.6 Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abut- ting or adjacent public or private property or that of another ten- ant. 302.7 Accessory structures. All accessory structures, includ- ing detached garages, fences and walls, shall be maintained structurally sound and in good repair. 302.8 Motor vehicles. Except as provided for in other regula- tions, 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 prohibited 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 for such purposes. 302.9 Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said sur- face to an approved state of maintenance and repair. SECTION 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 than 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 self - closing and self- latch- ing. Where the self - latching device is less than 54 inches (1372 nun) 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 such that the gate will posi- tively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure GENERAL REQUIREMENTS 65 Ishall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. SECTION 304 EXTERIOR STRUCTURE 304.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. 304.2 Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay -re- sistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces re- painted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or cor- rosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior sur- faces. Surfaces designed for stabilization by oxidation are ex- empt from this requirement. [F] 304.3 Premises identification. Buildings shall have ap- proved address numbers placed in a position to be plainly legi- ble and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). 304.4 Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. 304.5 Foundation walls. All foundation walls shall be main- tained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. 304.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a man- ner that creates a public nuisance. 304.8 Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. 304.9 Overhang extensions. All overhang extensions includ- ing, but not limited to canopies, marquees, signs, metal awn- ings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather -coat- ing materials, such as paint or similar surface treatment. 304.10 Stairways, decks, porches and balconies. Every exte- rior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. 304.11 Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed sur- faces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather -coat- ing materials, such as paint or similar surface treatment. 304.12 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 304.13 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. 303.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. 303.13.2 Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. 304.14 Insect screens. During the period from [DATE] to [DATE], 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 uti- lized in food for human consumption are processed, manufac- tured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every swinging door shall have a self - closing device in good working condition. Exception: Screens shall not be required where other ap- proved means, such as air curtains or insect repellent fans, are employed. 304.15 Doors. All exterior doors, door assemblies and hard- ware shall be maintained in good condition. Locks at all en- trances to dwelling units, rooming units and guestrooms shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. 304.16 Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and sur- face drainage water. 304.17 Guards for basement windows. Every basement win- dow that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents. 304.18 Building security. Doors, windows or hatchways for I dwelling units, room units or housekeeping units shall be pro- vided with devices designed to provide security for the occu- pants and property within. 10 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® 304.18.1 Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock meeting specifica- tions set forth herein. Such deadbolt locks shall be operated only by the turning of a knob or a key and shall have a lock throw of not less than 1 -inch: For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock. Such deadbolt locks shall be installed according to manufacturer's specifications and maintained in good work- ing order. All deadbolt locks required by this section shall be designed and installed in such a manner so as to be operable inside of the dwelling unit, rooming unit or housekeeping unit without the use of a key, tool, combination thereof or any other special knowledge or effort. 304.18.2 Windows. Operable windows located in whole or in part within 6 feet (1828 mm) above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking devices. 304.18.3 Basement hatchways. Basement hatchways that provide access to a dwelling unit, rooming unit or house- keeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry. SECTION 305 INTERIOR STRUCTURE 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 thatpart 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 ortwo or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. 305.2 Structural members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. 305.3 Interior surfaces. All interior surfaces, including win- dows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, de- cayed wood and other defective surface conditions shall be cor- rected. 305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be main- tained in sound condition and good repair. 305.5 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 305.6 Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, head- ers or tracks as intended by the manufacturer of the attachment hardware. GENERAL REQUIREMENTS EJ 6 SECTION 306 HANDRAILS AND GUARDRAILS 306.1 General. Every exterior and interior flight of stairs hav- ing more than four risers shall have ahandrail 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 nun) above the floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) high or more than 42 inches (1067 mm) high measured verti- cally above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than 30 inches (762 mm) high above the floor of the landing, bal- cony, porch, deck, or ramp or other walking surface. Exception: Guards shall not be required where exempted by the adopted building code. SECTION 307 RUBBISH AND GARBAGE 307.1 Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. 307.2 Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers. 307.2.1 Rubbish storage facilities. The owner of every oc- cupied premises shall supply approved covered containers for rubbish, and the owner of the premises shall be responsi- ble for the removal of rubbish. 307.2.2 Refrigerators. Refrigerators and similar equip- ment not in operation shall not be discarded, abandoned or I stored on premises without first removing the doors. 307.3 Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or ap- proved garbage containers. 307.3.1 Garbage facilities. The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incin- erator unit in the structure available to the occupants in each dwelling unit; or an approved leakproof, covered, outside garbage container. 307.3.2 Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with close -fitting covers for the storage of such materials until re- moved from the premises for disposal. SECTION 308 EXTERMINATION 308.1 Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or ro- dents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After ex- termination, proper precautions shall be taken to prevent reinfestation. 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® 11 GENERAL REQUIREMENTS 67 308.2 Owner. The owner of any structure shall be responsible for extermination within the structureprior to renting or leasing the structure. 308.3 Single occupant. The occupant of a one - family dwelling or oft single-tenant nonresidential structure shall be responsi- ble for extermination on the premises. 308.4 Multiple occupancy. The owner of a sttucture contain- ing two or more dwelling units, a multiple occupancy, a room- ing 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 occu- pant to prevent such infestation in the area occupied, the occu- pant shall be responsible for extermination. 3085 Occupant. The occupant of any structure shall be re- sponsible for the continued rodent and pest -free condition of the structure. Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for extermina- tion. 12 2003 INTERNATIONAL PROPERTY MAINTENANCE CODEO CHAPTER 4 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS SECTION 401 GENERAL 401.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure. 401.2 Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in compli- ance with these requirements. A person shall not occupy as owner - occupant, or permit another person to occupy, any pre- mises that do not comply with the requirements of this chapter. 4013 Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or me- chanical ventilation complying with the International Building Code shall be permitted. SECTION 402 LIGHT 402.1 Habitable spaces. Every habitable space shall have at least one window of approved size facing directly to the out- doors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than 3 feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room. Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 m2). The exterior glazing area shall be based on the total floor area being served. 402.2 Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one- and two - family dwellings, shall be lighted at all times with at least a 60- watt standard incandescent light bulb for each 200 square feet (19 ml) of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than 30 feet (9144 mm). In other than residential occupancies, means of egress, including exterior means of egress stairways shall be il- luminated at all times the building space served by the means of egress is occupied with a minimum of 1 footcandle (11 lux) at floors, landings and treads. 402.3 Other spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® MR sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures. SECTION 403 VENTILATION 403.1 Habitable spaces. Every habitable space shall have at least one openable window. The total openable atea of the win- dow in every room shall be equal to at least 45 percent of the minimum glazed area required in Section 402.1. Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 mz). The ventilation open- ings to the outdoors shall be based on a total floor area being ventilated. 403.2 Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habit- able spaces as required by Section 403. 1, except that a window shall not be required in such spaces equipped with a mechani- cal ventilation system. Air exhausted by a mechanical ventila- tion system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated. 4033 Cooking facilities. Unless approved through the certifi- cate of occupancy, cooking shall not be permitted in any room- ing unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in a rooming unit or dormi- tory unit. Exception: Where specifically approved in writing by the code official. 403.4 Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local ex- haust ventilation system shall be provided to remove the con- taminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space. 403.5 Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance with the manufacturer's instructions. SECTION 404 OCCUPANCY LIMITATIONS 404.1 Privacy. Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces. 404.2 Minimum room widths. A habitable room, other than a kitchen, shall not be less than 7 feet (2134 nun) in any plan di- mension. Kitchens shall have a clear passageway of not less 13 LIGHT. VENTILATION AND OCCUPANCY LIMITATIONS •• than 3 feet (914 mm) between counterfronts and appliances or counterfronts and walls. 404.3 Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than 7 feet (2134 mm). Exceptions: 1. In one- and two - family dwellings, beams or girders spaced not less than 4 feet (1219 nun) on center and projecting not more than 6 inches (152 mm) below the required ceiling height. 2. Basement rooms in one- and two - family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than 6 feet 8 inches (2033 mm) with not less than 6 feet 4 inches (1932 mm) of clear height under beams, gird- ers, ducts and similar obstructions. 3. Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least 7 feet (2134 mm) over not less than one -third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of 5 feet (1524 nun) or more shall be included. 404.4 Bedroom requirements. Every bedroom shall comply with the requirements of Sections 404.4.1 through 404.4.5. 404.4.1 Area for sleeping purposes. Every bedroom occu- pied by one person shall contain at least 70 square feet (6.5 mz) of floor area, and every bedroom occupied by more than one person shall contain at least 50 square feet (4.6 in) of floor area for each occupant thereof. 404.4.2 Access from bedrooms. Bedrooms shall not con- stitute the only means of access to other bedrooms or habit- able spaces and shall not serve as the only means of egress from other habitable spaces. Exception: Units that contain fewer than two bedrooms. 404.43 Water closet accessibility. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one water closet and lavatory located in the same story as the bedroom or an adjacent story. 404.4.4 Prohibited occupancy. Kitchens and nonhabitable spaces shall not be used for sleeping purposes. 404.4.5 Other requirements. Bedrooms shall comply with the applicable provisions of this code including, but not lim- ited to, the light, ventilation, room area, ceiling height and room width requirements of this chapter; the plumbing fa- cilities and water - heating facilities requirements of Chapter 5; the heating facilities and electrical receptacle require- ments of Chapter 6; and the smoke detector and emergency escape requirements of Chapter 7. 404.5 Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area require- ments of Table 404.5. TABLE 404.5 MINIMUM AREA REQUIREMENTS SPACE MINIMUM AREA IN SQUARE FEET 11- 2occuponts 3-5o 6 or more occupants Living room', " No requirements 120 150 Dining room0 No requirements 80 100 Bedrooms Shall comply with Section 404.4 For SI: I square foot = 0.093 m2. a. See Section 404.5.2 for combined living room/dining mom spaces. b. See Section 404.5.1 for limitations ondemnnitdng the minimum occupancy area for sleeping pmpo . 4E 404.5.1 Sleeping area. The minimum occupancy area re- quired by Table 404.5 shall not be included as a sleeping area in determining the minimum occupancy area for sleep- ing purposes. All sleeping areas shall comply with Section 404.4. 404.5.2 Combined spaces. Combined living room and din- ing room spaces shall comply with the requirements of Ta- ble 404.5 if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room. 404.6 Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements: 1. A unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square feet (20.4 ma). A unit occupied by three occupants shall have a clear floor area of not less than 320 square feet (29.7 m2). These required areas shall be exclusive of the areas required by Items 2 and 3. 2. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided. 3. The unit shall be provided with a separate bathroom con- taining a water closet, lavatory and bathtub or shower. 4. The maximum number of occupants shall be three. 404.7 Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equip- ment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for tem- porary storage. 14 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® CHAPTER5 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS SECTION 501 GENERAL 501.1 Scope. The provisions of this chapter shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided. 501.2 Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner- occupant or permit another person to occupy any structure or premises which does not comply with the require- ments of this chapter. [P] SECTION 502 REQUIRED FACILITIES 502.1 Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory. 502.2 Rooming houses. At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units. 502.3 Hotels. Where private water closets, lavatories and baths are not provided, one watercloset, one lavatory and one bathtub or shower having access from a public hallway shall be pro- vided for each ten occupants. 502A Employees' facilities. A minimum of one water closet, one lavatory and one drinking facility shall be available to em- ployees. 502.4.1 Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or dis- posable cups next to a sink or water dispenser. Drinking fa- cilities shall not be located in toilet rooms or bathrooms. [P] SECTION 503 TOILET ROOMS 503.1 Privacy. Toilet rooms and bathrooms shall provide pri- vacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking de- vice shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling. 503.2 Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway. 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® 70 503.3 Location of employee toilet facilities. Toilet facilities shall have access from within the employees' working area. The required toilet facilities shall be located not more than one story above or below the employees' working area and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate facilities or combined employee and public facilities. Exception: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the em- ployees' regular working area to the facilities. 503.4 Floor surface. In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, I nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition. [P] SECTION 504 PLUMBING SYSTEMS AND FIXTURES 504.1 General. All plumbing fixtures shall be properly in- stalled and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of per - forming the function for which such plumbing fixtures are de- signed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition. 504.2 Fixture clearances. Plumbing fixtures shall have ade- quate clearances for usage and cleaning. 504.3 Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occu- pants or the structure by reason of inadequate service, inade- quate venting, cross connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the code official shall require the defects to be corrected to elimi- nate the hazard. SECTION 505 WATER SYSTEM 505.1 General. Every sink, lavatory, bathtub or shower, drink- ing fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an ap- proved 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 International Plumbing Code. [P] 505.2 Contamination. The water supply shall be main- tained free from contamination, and all water inlets for plumb- ing fixtures shall be located above the flood -level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other 15 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS 71 hose bibs or faucets to which hoses are attached and left iii= place, shall be protected by an approved atmospheric -type vac- uum breaker or an approved permanently attached Bose con- nection vacuum breaker. 505.3 Supply. The water supply system' shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pres- sures adequate to enable the fixtures to function properly, safely, and free from'defecis and lbaks. 505.4 Water heating facilities. Water hearing facilities, shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 11 OT 43 °12). A gas - bunting water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combus- tion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. .[P] SECTION 506 SANITARY DRAINAGE SYSTEM 506.1 General. All plumbing fixtures shall be properly con- nected to either a public sewer system or to an approved private sewage disposal system. 506.2 Mainteiiance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from ob- structions, leaks and defects. [P] SECTION 507 STORM DRAINAGE 507.1 General. Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be dis- charged in a manner that creates .a public nuisance. 16 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® CHAPTER 6 MECHANICAL AND ELECTRICAL REQUIREMENTS SECTION 601 GENERAL 601.1 Scope. The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided. 601.2 Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equip- ment in compliance with these requirements. A person shall not occupy as owner - occupant or permit another person to occupy any premises which does not comply with the requirements of this chapter. SECTION 602 HEATING FACILITIES 602.1 Facilities required. Heating facilities shall be provided in structures as required by this section. 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room tempera- ture of 68 °F (20 °C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shall not be used to provide space heating to meet the requirements of this 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. 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either expressed or im- plied, to famish heat to the occupants thereof shall supply heat during the period from (DATE] to [DATE] to maintain a tempera- ture of not less than 68 °F (20 °C) in all habitable rooms, bath- rooms, and toilet rooms. Exceptions: 1. When the outdoor temperature is below the winter outdoor design temperature for the locality, mainte- nance 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 areas where the average monthly temperature is above 30 °F ( -1 °C) a minimum temperature of 65 °F (18 °C) shall be maintained. 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from 72 [DATE] to [DATE] to maintain a temperature of not less than 65 °F (18 °C) during the period the spares are occupied. Exceptions: 1. Processing, storage and operation areas that require cooling or special temperature conditions. 2. Areas in which persons are primarily engaged in vig- orous physical activities: 602.5 Room temperature measurement. The required room temperatures shall be measured 3 feet (914 mm) above the floor near the center of the room and 2 feet (610 mm) inward from the center of each exterior wall. SECTION 603 MECHANICAL EQUIPMENT 603.1 Mechanical appliances. All mechanical appliances, fireplaces, solid fuel - buming appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. 603.2 Removal of combustion products. All fuel - burning equipment and appliances shall be connected to an approved chimney or vent. Exception: Fuel- burning equipment and appliances which are labeled for unvented operation. 603.3 Clearances. All required clearances to combustible ma- terials shall be maintained. ` 603.4 Safety controls. All safety controls for fuel- burning equipment shall be maintained in; effective operation. 603.5 Combustion air. A supply of air for complete combus- tion of the fuel and for ventilation of the space containing the fuel - burning equipment shall be provided for the fuel- bunung equipment. 603.6 Energy conservation devices. Devices intended to re- duce fuel consumption by attachment to a fuel- burning appli- ance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved. SECTION.604 ELECTRICAL FACILITIES 604.1 Facilities required. Every occupied building shall be provided with an electrical system in compliance with the re- quirements of this section and Section 605. 604.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional fa- 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE@ 17 MECHANICAL AND ELECTRICAL REQUIREMENTS 73 cilities in accordance with the ICC Electrical Code. Dwelling units shall be served by a three -wire, 1201240 volt, single- phase electrical service having a rating of not less than 60 am- peres. 604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occu- pants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be cor- rected to eliminate the hazard. SECTION 605 ELECTRICAL EQUIPMENT 605.1 Installation. All electrical equipment, wiring and appli- ances shall be properly installed and maintained in a safe and approved manner. 605.2 Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Ev- ery laundry area shall contain at least one grounded -type recep- tacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any new bathroomreceptacle outlet shall have ground fault circuit inter- rupter protection. 605.3 Lighting fixtures. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain at least one electric lighting fixture. SECTION 606 ELEVATORS, ESCALATORS AND DUMBWAITERS 606.1 General. Elevators, dumbwaiters and escalators shall be maintained to sustain safely all imposed loads, to operate prop- erly, and to be free from physical and fire hazards. The most current certificate 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. 606.2 Elevators. In buildings equipped with passenger eleva- tors, at least one elevator shall be maintained in operation at all times when the building is occupied. Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing. SECTION 607 DUCT SYSTEMS 607.1 General. Duct systems shall be maintained free of ob- structions and shall be capable of performing the requited func- tion. 18 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® CHAPTER 7 FIRE SAFETY REQUIREMENTS SECTION 701 GENERAL 701.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided. 701.2 Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in com- pliance with these requirements. A person shall not occupy as owner - occupant or permit another person to occupy any pre- mises that do not comply with the requirements of this chapter. [F] SECTION 702 MEANS OF EGRESS 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 Inter- national Fire Code. 702.2 Aisles. The required width of aisles in accordance with the International Fire Code shall be unobstructed. 702.3 Locked doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need forkeys, special knowledge or effort, except where the door hardware conforms to that permitted by the International Building Code. 702.4 Emergency escape openings. Required emergency es- cape openings shall be maintained in accordance with the code in effect at the time of construction, and the following. Re- quired emergency escape and rescue openings shall be opera- tional from the inside of the room without the use of keys or u* tools. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided 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 normal operation of the escape and rescue opening. [F] SECTION 703 FIRE- RESISTANCE RATINGS 703.1 Fire- resistance -rated assemblies. The required fire -re- sistance rating of fire - resistance -rated walls, fire stops, shaft enclosures, partitions and floors shall be maintained. 703.2 Opening protectives. Required opening protectives shall be maintained in an operative condition. All fire and smokestop doors shall be maintained in operable condition. 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE& 74 Fire doors and smoke barrier doors shall not be blocked or ob- structed or otherwise made inoperable. [F] SECTION 704 FIRE PROTECTION SYSTEMS 704.1 General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combi- nation thereof shall be maintained in an operable condition at all times in accordance with the International Fire Code. 704.2 Smoke alarms. Single or multiple- station smoke alarms shall be installed and maintained in Groups R -2, R -3, R-4 and in dwellings not regulated in Group R occupancies, regardless of occupant load at all of the following locations: 1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms. 2. In each room use d for sleeping purposes. 3. In each story within a dwelling unit, including basements and cellars but not including crawl spaces and uninhabit- able attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. Single or multiple- station smoke alarms shall be installed in other groups in accordance with the International Fire Code. 704.3 Power source. In Group R occupancies and in dwellings not regulated as Group R occupancies, single- station smoke alarms shall receive their primary power from the building wir- ing provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for overcurrent protection. Exception: Smoke alarms are permitted to be solely battery operated in buildings where no construction is taking place, buildings that are not served from a commercial power source and in existing areas of buildings undergoing alter- ations or repairs that do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for building wiring without the removal of interior finishes. 704.4 Interconnection. Where more than one smoke alami is required to be installed within an individual dwelling unit in Group R -2, R -3, R -4 and in dwellings not regulated as Group R occupancies, the smoke alarms shall be interconnected in such a manner that the activation of one alarm will activate all of the 19 FIRE SAFETY REQUIREMENTS 75 alarms in the individual unit. The alarm shall be clearly audible in all bedrooms over background noise levels with all interven- ing doors closed. Exceptions: 1. Interconnection is not required in buildings which are not undergoing alterations, repairs, or construction of any kind. 2. Smoke alarms in existing areas are not required to be in- terconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic; crawl space or base- ment available which could provide access for intercon- nection without the removal of interior finishes. 20 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® W1 CHAPTER 8 REFERENCED STANDARDS This chapter lists the standards that are referenced in various sections of this document. The standards are listed herein by the pro- mulgating agency of the standard, the standard identification, the effective date and title and the section or sections of this document that reference the standard. The application of the referenced standards shall be as specified in Section 102.7. ICCFalls International Code Council Church, 22041 to 600 Standard reference Referenced number Title in code section number ICC EC-03 ICC Electrical CadeTM — Administrative Provisions IBC— 03 ....................... International Building Code(g) .................. ...... ..... .........................201.3, 604.2 IEBC -03 ............................... International Existing Building CodcTM 201.. 702.3, 702.4 IFC-03 .. ............ .. ......................... International Fire Code® ... .. . 101.3, 102.3, 201.3 IMC-03 ....................... ..................................... International Mechanical Code® ....................................... 201.3, 702.1, 702.2, 704.1, 704.2 IPC --03 International Plumbing Code® ........................ ............................... 201.3 IZC-03 ............................... International Zoning Code® ..................................... 201.3, 505.1, 602.2, 602.3 ............................... 102.3, 201.3 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE© 21 N O 0 --1 1 g v cn O i O C 3 C /� lI 1 -n i K 1 N CD CD U) ; O i Efl w (A A ..: j0 N ; O O O N 1 I o 4 x to W N 0 N O CD 69 W -co Efl -• A co Cr O O CA z �i Tz N m z r x 77 cn /� lI 1 1 CD CD A i Efl (A (A A ..: j0 N ; O O O N 1 o 4 N O 1 (fl 1 — 69 W -co Efl ' (D CD CD i co CA W 7 O i Ul Ul CT cn ^' 1 I I O N o O -• N �O W i (n N I O (A Ul 69 N (D 3 1l CD (D O Z3 cn O I Cr O Cn O 1 N (A O -n 41 i w fA N CD cn O O O N 1 W �l 1 v v CA U7 E� W W O N -4 2 7 1l CCD D 0 i 0 0 0 0 z �i Tz N m z r x 77 Ou D O D v � Or D z r �O D D cn �o� z C) m m z D m Cl) m Z n m r n D r M to D m ' < T D� O O m cn p M = PO m < C/) � C m p c = c C 0 z G> m m v CO C) = D z > O O O O O O O ' r N -fA- s� \r E. to m vi v � Or D z r r m vi n O m m z cn umi cn �o� z C) m m z D m Cl) U) G m (n m Cl) O n m z m /010 ^ EA W J YI co O O O O O -1 s� �9 Z n O v m m z O 0 9 m c Y 79 1336 00 Rental Dwelling Subd. 1. Purpose. It is the purpose of this Section 1336 to protect the public health, safety and welfare of the community at large and the residents of rental dwellings in the City of St. Anthony and to ensure that rental housing in the city is decent, safe, and sanitary and is so operated and maintained as not to become a nuisance to the neighborhood or to come an influence that fosters blight and deterioration or creates a disincentive to reinvestment in the community. The operation of rental residential properties is a business enterprise that entails certain responsibilities. Owners and operators are responsible to take such reasonable steps as necessary to ensure that the citizens of the city who occupy such units may pursue the quiet enjoyment of the normal activities of life in surroundings that are: safe, secure and sanitary; free from noise, nuisance or annoyances; and free from unreasonable fears about safety ofpersons and security of property. Subd. 2. Applicability, This Section applies to all rental dwellings in the City, including any accessory structures on the premises upon which the rental dwelling is located, such as garages and storage buildings. This chapter does not apply to Minnesota Department of Health licensed rest homes, convalescent care facilities, licensed group homes, nursing homes, or condominium units as defined and governed by Minnesota Statutes Chapters 515, 515A and 5158 Subd. 3. Adoption ofProperty Maintenance Code. The International Property Maintenance Code, 2003 edition, as published by the International Code Council, is adopted by reference in its entirety, except as modified or amended in this Section. Nothing in this section or the International Property Maintenance Code shall be construed to cancel, modify, or set aside any other provision of the City Code. Subd. 4. Enforcement Officer. The City Code Enforcement Officer is authorized and directed to enforce all provisions of this Section, subject to review by the City Council. 133601 Responsibilities of Owners (Landlord). Subd 1. Owner Responsible. Every owner of a rental dwelling is responsible for violations of duties and obligations imposed by this Section even if the duty or obligation is also imposed on the occupant (s) of the rental dwelling, or even if the owner, by agreement, has imposed on the occupant (s) the duty of making sure that the rental dwelling complies with the requirements of this Section, applicable provisions of the City Code and the International Property Maintenance Code. Subd. 2. Cleanliness. Every owner of a rental dwelling is responsible for keeping that part of the premises which he or she occupies or controls in a clean, sanitary and safe condition in conformance with this Section, applicable provisions of the :o City Code and the International Property Maintenance Code, including any shared or common areas in a multiple family dwelling. Subd. 3. Obtain License. The owner or resident agent must obtain a license and pay all license fees as required by this Section before the rental dwelling may be rented. 1336.02 Responsibility of Occupant (Renter). Subd. 1. Access by Owner. Every occupant of a rental dwelling shall give the owner or resident agent access to his or her unit, and that part of the premises which he or she occupies or controls, at reasonable times for the purpose of inspections and maintenance, and making necessary repairs or alterations on the premises. Subd. 2. Cleanliness. Every occupant of a rental dwelling is responsible for keeping his or her unity, and any part of the premises which he or she occupies of controls, in a clean, sanitary and safe condition in conformance with this Section, applicable provisions of the City Code and the International Property Maintenance Code. Subd. 3. Dfs op sal of Garbage and Recvclables. Every occupant of a rental dwelling shall store and dispose of all his or her rubbish, garbage and waste in a clean, sanitary and safe manner. All rubbish, garbage, and waste must be collected by a hauler who is licensed by the City as required by Section 555 of this Code. The storage of refuse and recyclable collection containers may not be kept in the front yard setback. GENERAL LICENSING PROVISIONS 133603. License Required. Subd. 1. It is unlawful to operate a rental dwelling in the City without first having obtained a license from the City. An owner must obtain a license for each rental dwelling. If the rental dwelling contains two or more units, and has a common owner and a common property identification number, the owner may obtain a single license for the rental dwelling. 1336.04. License Application. Subd. 1. The owner of a rental dwelling must submit an application for a license on forms and in the format provided by the City. The owner must give notice, in writing, to the City within five (5) business days of any changes to the information contained in the license application. The application must include. the owner's name, address, and telephone number, owning partners of a partnership, corporate officers if a corporation; or 9i 2. the name and address of a person residing or having a business office in Hennepin or Ramsey County, and appointed by the owner as an agent for purposes of notices under this section and for services of process upon the owner; or 3. the name and address of any managing operator or agent; or 4. the name and address of the contract for deed vendor if the rental dwelling is owned under a contract for deed; or 5. the legal address of the rental dwelling; and 6 the type and number of units within the rental dwelling; and 7. the height and the multiple dwelling in stories; and 8. the type ofstructure to be licensed (i.e. single-family, duplex, triplex); and 9. the exterior finish of the building. Subd. 2. Issuance and Term. Upon approval by the City Council, the City Clerk will issue a license to the owner of the rental dwelling. A license is personal to the owner of a specified rental dwelling. No license may be transferred to a purchaser of a multiple dwelling or to any other person or entity. Ifa rental dwelling is sold, the purchaser may not own or operate the rental dwelling without first obtaining the license provided for in this section. A license will be valid for one year. If a license is issued during the year, the license will be prorated accordingly at the renewal time. 1336.05. License Fees. Subd. 1. The owner must pay an annual license fee, the amount of which will be determined by the City Council. The fee schedule is located in Chapter 6 of this city code. The owner must submit the required fee along with the application for a new or renewal license. Applications for renewal license submitted after the license term expiration are subject to a penalty fee, which shall be determined from the time by the City Council. 1336.06. License Issuance. Subd. 1. Preliminary Inspection and Investigation. Prior to issuing a license, the City Code Enforcement Officer will inspect the rental dwelling to determine compliance with this Section, the City Code and the International Property Maintenance Code. The City Clerk will review the application for completeness and determine whether all real estate taxes and municipal utilities are paid and current. Subd. 2. Compliance Order. If the rental dwelling is not in full compliance with paragraph (1), the City will provide the owner or resident agent with a compliance order pursuant to Section 1336.08. If the owner corrects the items in the compliance order within the specified period of time, the City will issue a license to the owner. Subd. 3. Unsafe of Dangerous Conditions. No owner or resident agent may operate a rental dwelling, regardless of the type of license issued, if the Housing Inspector determines that a condition exists in or on the rental dwelling or premises that is unsafe or poses an imminent danger to the health or safety of the tenants or the public. Any determination by the Housing Inspector is subject to suspension or revocation of the license, criminal prosecution and any civil remedies available to the City. Subd. 4. Posting of License. The owner shall post a copy of the license in the rental dwelling in a conspicuous place. In multiple dwelling units requiring a single license, the license shall be posted in a common area of the building such as a corridor, hallway or lobby. The posted license shall be framed with clear glass or plastic. Subd. 5. Renewal of License. An owner may continue to rent a dwelling after the expiration day of the license provided the owner has filed with the City on or before June 30, the appropriate renewal license application and license fee. The issuance of a license under this Chapter shall be considered a privilege and not an absolute right of the owner and shall not entitle the owner to an automatic renewal ofthe license. Allowing the owner to continue to rent while the renewal is being processed does not obligate the City to automatically renew the license. Subd. 6. Transfer ofLicense. Licenses are not transferable. Any change in the ownership of the rental dwelling requires a new license. Subd. 7. Resident Agent Required. Owners of rental dwellings with five (5) or more individual units appoint a resident agent who shall reside within the rental dwelling to be responsible for the maintenance and upkeep of the rental dwelling and common areas and to handle licensing issues with the City. Owners ofrental dwellings containing fewer than five (5) units who do not reside within the counties of Ramsey, Hennepin, Anoka, Carver, Dakota, Scott, Washington, Wright, Chisago, Isanti or Sherburne shall appoint an agent that resides within one of these counties that shall be the responsible resident agent. Subd. 8. Register of Occupancy, The owner or its resident agent shall keep a current register ofoccupancyfor each rental dwelling. This register of occupancy may be reviewed by the City at the time. Said register of occupancy shall contain, at a minimum, the following information: 1. Address(es) of the rental dwelling; 2. Number of bedrooms of each unit W 3. Number of units in each building; and 4. Number of adult and children (under 18) currently occupying each unit. 1336.07 INSPECTIONS. Subd. 1 Inspections. The City will inspect all rental dwellings periodically to determine compliance with this Chapter, the City Code and the International Property Maintenance Code. The City will inspect rental dwellings with even - numbered addresses in the even year. After each inspection, the City shall provide the owner or resident agent with a compliance order pursuant to Section 133608. The owner or resident agent must correct the violations within the time period specified in the compliance order. If the violations are not corrected, the City may suspend or revoke the license under Section 1336 08, unless it is the initial license period, in which case, the license is valid until the end of the owner's existing lease with the current tenant as noted in Section133608. The City may, however, immediately suspend or revoke a license if an unsafe or dangerous condition exists as described in Section 1336.06 subd. 3. Subd. 2 Occupant Initiated Inspections. An occupant who believes that his or her rental dwelling is not in compliance with the provision of this Chapter, City Code or the International Housing Maintenance Code may provide written notice to the owner or resident agent of the rental dwelling specifying the alleged deficiency. Of the owner or resident agent does not take action to correct the alleged problem the occupant may contact the City and request an inspection of the rental dwelling by the Housing Inspector upon showing proof that the owner or resident agent had been properly notified and has been given a reasonable time in which to correct deficiencies. The cost of the inspection shall be paid by the owner if the City's inspection reveals actual deficiencies as described by the occupant. 1336.08 CONDUCT ON LICENSED PREMISES. Subd. 1 Owner Responsible. It shall be the responsibility of the owner or resident agent to see that persons occupying the rental dwelling conduct themselves in such a manner as not to cause the premised to be disorderly. This section applies to all licenses. For purposed of this section, a rental dwelling is disorderly at which any of the following activities occur: Violation of Minnesota Statutes sections 609.755 through 609.76 as may be amended from time to time, relating to gambling; 2. Violation of laws relating to prostitution or acts relating to prostitution as defined in Minnesota Statutes section 609.321; 3. Violation of Minnesota Statutes sections 152.01 through 152.027 as may be amended from time to time, relating to the unlawful sale or MAI possession of controlled substances; 4. Violation of Minnesota Statutes sections 340A.401 and 340A.503 as may be amended from time to time, relating to the unlawful commercial sale and underage consumption of alcoholic beverages; 5. Violation of Minnesota Statutes section 609.33 as may be amended from time to time, which prohibits owning, leasing, operating, managing, maintaining or conducting a disorderly house, or inviting or attempting to invite others to visit or remain in a disorderly house; 6. Violation of Minnesota Statutes sections 97B.021, 97B.045, 609.66 through 609.67, 624.712 through 624.716, 624.719, 624.731 through 624.732 as may be amended from time to time, relating to the unlawful possession, transportation, sale or use ofweapons; Violation of City Code section 1115.01 or violation of Minnesota Statutes section 609.72 as may be amended from time to time, relating to disorderly conduct; 8. Violation of City Code section 1175.01 relating to clandestine drug labs; 9. Violation of City Code section 1200.01 relating to nuisances; or 10. Violation of City Code section 1205.01 relating to animal control. Subd. 2 City Enforcement. The City Code Enforcement Officer is responsible for enforcement of this section. Subd. 3 First Violation. Upon determination by the City Code Enforcement Officer that a licensed premises was used in a disorderly manner, as described in paragraph (A) of this section, the City Code Enforcement Officer must give notice to the licensee of the violation and direct the licensee to take steps to prevent further violations. Subd. 4 Second Violation. If another occurrence of disorderly use of the licensed premises occurs within three months of an incident for which a notice in section Subd. 3 of this section was given, the City Code Enforcement Officer must notify the licensee of the violation and must 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 must be submitted to the City Code Enforcement Officer within five days of receipt of the notice of disorderly use of the premises and must detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding three months. M Subd. 5 Third Violation. If another instance of disorderly use of the licensed premises occurs within three months after any two previous instances of disorderly use for which notices were given to the licensee pursuant to this section, the rental dwelling license for the premises may be denied, revoked, suspended or not renewed. Written notification (ticket) will be issued by the City Code Enforcement Officer. Such written notice must specify all violations of this section, and must state the date, time, place and purpose of the hearing. The hearing must be held no less than ten days and no more than 30 days after giving such notice. 2. 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 section. Subd. 6 No Adverse Action Pending Eviction. No adverse license action shall be imposed where the instance of disorderly use of the licensed premises occurred during the pending of eviction proceedings (unlawful detainer) or within 30 days of notice given by the licensee to a tenant to vacate the premises where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction proceedings are not a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or not renew a license based upon violations of this section may be postponed or discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent further instances of disorderly use. Subd. 7 Finding of Disorderly Conduct. A determination that the licensed premises have been used in a disorderly manner as described in Subd. 1 of this section shall be made upon a fair preponderance of the evidence to support such a determination. It is not necessary that criminal charges be brought in order to support a determination of disorderly use nor does the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this section. Subd. 8 Service of Notices. All notices given by the City under this section must be personally served on the licensee, sent by certifed mail to the licensee's last known address or, if neither method of service effects notice, by posting on a conspicuous place on the licensed premises. Subd. 9 Enforcement Actions. Enforcement actions provided in this section are not exclusive, and the City Council may take any action with respect to a licensee, a tenant, or the licensed premises as is authorized by the city code, state or -I federal law. 1336.09 CONDITION OF LICENSED PREMISES. Subd. 1. Compliance Order. Whenever the City Code Enforcement Officer determines that the condition of any rental dwelling or the premises surrounding it fails to meet the provisions of this Chapter, other applicable City Code provisions or the International Property Maintenance Code, he or she may issue a compliance order setting forth the specific violations and ordering the owner to correct such violations. Subd. 2. Contents of the Compliance Order. The compliance order shall: 1. Be in writing; and 2. Describe the location and nature of the violations; and 3. Set forth a reasonable time for the correction of the violations by the owner or resident agent; and 4. Be served upon the owner and resident agent either personally or by certified mail. A copy of the compliance order shall also be provided to the occupants of the rental dwelling. Subd. 3. License Action. If the violations listed in the compliance order are not remedied by the owner or resident agent within the specified time given in the order, the license for the rental dwelling may be denied, suspended, revoked, or not renewed by the City. An administrative fine in an amount set forth from time to time by the City Council by resolution may also be imposed. If the City decides that it will be denying, suspending, revoking or not renewing a license or imposing an administrative fine pursuant to this Section, the City shall send a notice of the proposed action to the owner and resident agent of the rental dwelling. Subd. 4. Appeal. When it is alleged by the owner or resident agent that the compliance order is based upon the erroneous interpretation of this Chapter, other applicable City Code provisions or the International Property Maintenance Code, the owner or resident agent may appeal the compliance order to the City Council. Such appeal shall be in writing, must specify the grounds for the appeal, must be accompanied by a f ling fee, as set forth by resolution of the City Council, from time to time, and must be filed with the City within five (S) business days after service ofthe compliance order. 1336.10 HEARING PROCEDURE. Subd. 1. Scheduliniz of Hearing. If the City makes a determination that it will be denying, suspending, revoking or not renewing a license pursuant to Sections 1336.08 of 1336.09 of this Chapter, or if the owner or resident agent is appealing the compliance order pursuant to Section 133609 of this Chapter, the City Council shall conduct a hearing on the matter. The hearing shall be scheduled at End the next regular City Council meeting following the date of the notice or receipt of the owner's notice of appeal of a compliance order. Subd. 2. Hearing. At the hearing, the City Council shall hear all relevant evidence and arguments and shall review all testimony, documents and other evidence submitted. The owner or resident agent shall have the opportunity to address the City Council at the hearing. Subd. 3. Findings. After the hearing is concluded, the City Council shall make findings on whether to uphold the compliance order or to revoke, suspend, deny or not renew the license or impose an administrative fine. The City Council shall issue a written decision within thirty (30) days following the date of the hearing and shall send a copy of its decision to the owner and resident agent by mail. The decision shall specify the rental dwelling or units to which it applies. Subd. 4. No Occupancy. If a license is revoked, suspended, denied or not renewed by the City Council, it shall be unlawful for the owner or the resident agent to thereafter permit the occupancy of the rental dwelling or the unit. A notice of the action shall be posted by the City Code Enforcement Officer on the rental dwelling or the unit in order to prevent any further occupancy. No person shall reside in, occupy or cause to be occupied that rental dwelling or unit until a license is obtained or reinstated by the owner. Subd. S. Appeal. An owner may appeal the decision of the City Council as allowed under state law. 1336.16 MISDEMEANOR. Subd. 1. Failure by an owner to comply with a compliance order after the right of appeal has expired or violation of any of the provisions of this Chapter shall constitute a misdemeanor. Each day that a violation continues shall be deemed a separate punishable offense. c: Section 220 — Code Enforcement Officer 220.01 Establishment of Code Enforcement Officer. The City Council may approve a resolution to appoint one or more individuals as Code Enforcement Officers. A Code Enforcement Officer shall be authorized to enforce all provisions of the St. Anthony City Code. 220.02 Authorization to Issue Tags, The Council hereby authorizes the City Manager, and other City employees and individuals employed by departments contracting with the City to provide necessary services, designated by the City Manager, to issue and serve written or printed notice, hereinafter referred to as a "tag, " upon persons charged with any violation of the St. Anthony City Code. The following individuals shall have the authority to issue tags for violations of City ordinances: (a) peace officers and part -time peace officers; (b) reserve officers; (c) community service officers; (d) code enforcement officers; (e) building officials; and (fl fire inspection officers. L-, Mrs MEMO DATE: April 30, 2007 TO: Mike Morrison, City Manager FROM: John Ohl, Chief of Police SUBJECT: Muffler Ordinance I have reviewed the provided materials and have found the following: • The attached ordinances from Oak Park Heights and Owatonna simply mimic the current State Statute of 169.69, which, in part, mandates mufflers to be in good working order and to prevent excessive and unusual noise. • MN State Statute 169.693 states that it is unlawful to operate vehicles in violation of motor vehicle noise rules. • St. Anthony City Ordinance 900.02 incorporates all regulatory provisions of MN State Statute Chapter 169. • St. Anthony City Ordinance 1145.01, subd.3, describes illegal exhaust noise as exhaust that fails to be discharged through a muffler that "effectively prevents loud or explosive noises." I spoke with our city attorney, and based on our current ordinances and State Statutes, she said that we have what we need to enforce muffler noise with no modifications to our existing ordinance. The intersections associated with St. Anthony Boulevard, Kenzie Terrace, Silver Lake Road, and New Brighton Boulevard (88) are very high flow traffic areas. These roads are used as major thoroughfares with convenient access to 35W, Highway 280, and St. Anthony Center in addition to the Quarry. Unlike Stillwater, St. Anthony is not a destination. St. Anthony is simply a corridor area used by commuters to navigate the metropolitan area, and as such, it is difficult to affect the kind of change in traffic patterns discussed in this complaint. The St. Anthony Police Department does see traffic noise as an issue, and our officers take enforcement action on obvious violations. Muffler noise is often used as a reason to stop a motor vehicle, but may not always be reflected in a citation for a muffler violation. Many times people stopped for a muffler violation will be arrested for warrants, DWI, no insurance, DAR, etc., and the vehicles will be impounded, which I believe is a deterrent to the violation. Our office enters muffler violations as "equipment violations" which includes all equipment citations. At this time, I am unable to pull out specific equipment numbers. JO:vj V?= w W 4 �o y W 0 ^C bll G m u Op s. Un 0 0 re c 0 c <C M W 0 0 U C O O O UUU • c cU m m as co • m o o m E N M N N M Z> O m O 7 r N N m Z ` • N LL U) m U c 0 ui (A (A U U Y Y Y Y m U) � U m „ m m (6 m cj c m (6 U • Y g O Y Y U � m m c` � to o c O � rn •N y Q' � t O o U (� Y C c 0 7 ( O O E O Q my ai0 v .- J N O •-• ` N O UE mc0 mU 0 U ° pa r J o m 0 O N 0> Y 0 o m 0= 0 Q O 03nio m it N 7 C N Q U 4% _ c> ." • ,O N N C .� X N 7 0 N aaW 0 mdooW0:O.UU �N Mty'l0(6 r -Cd 6 M W Q CD r-r z m 0 1 3 CD r* v o' CD cn 91 The attached ten items will be presented in a powerpoint presentation by Jay Hartman, Public Works Director And Todd Hubmer, WSB & Associates 93 ENVIRONMENTAL PRIORITIES Todd Hubmer I. Coordinate with MWMO 2. Coordinate with MWMO, RCWD, TRPD & Ramsey County 3. Develop Rainwater Garden Education Program 4. Revise City Erosion Control Ordinances 5. Investigate Single Source Trash Hauler 6. TCAAP Review Jay Hartman Actions Items 7. Host BMP Workshop: - Salt and Sand Application Process - Sweeping Activities around Silver Lake — Monitor Results with MWMO 8. Complete Energy Audit on Public Buildings: - Identify Buildings and Areas - Review Recommendations of Johnson Control - Secure Funding and Proceed with Improvements 9. Develop Environmental Education Program: - Provide Information from both Watersheds at City Hall for Residents - Continue Marking Storm Basins that Contribute to Outfall of Silver Lake 10. Safety / Loss Assessment of Public Owned Properties (LMC)• - Review all Safety Programs on Annual Basis - Review Recommendations from LMC Adjuster Concerning Improvements to Limit Liability c5 a� a .G O CG v d a+ R s. O O N G O .0 C Q w r 0 N t c m m v n 0 3 CD r-f CD n N CD 3 CD _T 95 ON. EHLERS 8! ASSOCIATES INC ® 1 To: Mike Morrison — City Manager 2 From: Stacie Kvilvang & Elizabeth Diaz — Ehlers & Associates LU Date: May 17, 2007 211 Subject: Key Financial Strategies — 2007 Financial Management Plan On March 27, 2007 we met with the City Council at a work session to review the preliminary findings of the above referenced plan. Upon discussion with the Council, we have incorporated their comments into the Plan for their review, discussion and consideration. The main items incorporated for review and comment are: Provided three (3) options to increase the general fund balance from 35% (current policy) to 40% as follows: a. Option I shows the general levy and operations with no related levy changes for fund balance reserves (except for inclusion of Item #3 below). The outcome is the total levy for general fund, HRA and debt service increases by approximately 6 -7% per year. The General Fund balance does not reach its goal of 35% of expenditures (adjusted for police contracts). b. Option 2 shows a 1% incremental increase in the general levy in order to go from a fund balance of 35% of expenditures (adjusted for police contracts) to a 40% levy by 2012. The initial general fund levy would increase by 13% for payable 2008 and then an increase of approximately 6% per year thereafter c. Option 3 shows a transfer in from other fund of $350,000 in order to achieve the 40% fund balance goal in 2008 and then a levy to maintain the fund balance goal from 2009 forward. The general fund levy increases by 6% from payable 2011 and forward. Note: The options do not show a reduction in debt levy (item #S) as has been discussed and can be changed when Council decides1coull rMs if they would prefer to redirect any reduction in debt levy to a levy for capital improvements (fixture roads, equipment) or to assist will, other issues (item 91 or #3)e 2. Capital equipment needs have been assembled from the Department Heads after one -on -one discussions with the Council and have been included in the Plan. We will go over those items and options for the Council in more detail at the work session (increase transfer from Liquor revenues to general fund, etc). 3. Moved Salo Park maintenance fees (annual cost of $26,500) from HRA budget to City General Fund expenditure. This would require the City to increase the levy by this amount (if all things stayed equal) but due to item #5 below, there may be opportunity to absorb this within the current levy without any impact. Mike Morrison LEADERS IN PUBLIC FINANCE 1,. 3060 Centre Pointe Drive Phone: 651-697-8506 Fax: 651-697-8555 Rosevitte, MN 55113 -1105 skvilvang @ehlers- inc.com 97 Key Financial Strategies — 2007 Financial Management Plan May 17, 2007 Page 2 4. Staff has completed a survey of park dedication fees and other City fees. Staff will present the infonnation at the work session for Council review and direction on how to proceed. If the Council decides to update /changes fees, this would likely come before the Council for formal action this fall. 5. Results of the debt study for all existing debt the City has will be presented for review and direction from the Council on how to proceed (options to reduce the levy, retire debt early, put the dollars towards future road projects, etc.). 6. Annual levy of $128,000 (after special assessments) is shown for Silver Lake Road (2008 road reconstruction program) and is the typical annual levy the City has done for road reconstruction projects. 7. Chandler TIF District will be decertified in 2010 allowing the property back on the Tax Roles in 2011. The added tax capacity will again provide the opportunity to lower the City's tax levy and /or provide Council opportunities to undertake other projects if they choose to not reduce the levy. The projected captured tax capacity which would be added to the general taxing roll is approximately $180,466, which may generate $90,000 in property taxes. Staff will present options for Council review and discussion. We look forward to meeting with you to go over the numbers in more detail. Please contact us at 651- 697 -8500 if you have any questions. u1= N W u O w �a r,� rS7 V bA a .�1 �y a u bD u r, n 0 0 N Q O q a+ LO rein