HomeMy WebLinkAboutCity Council Packet 02-26-2008 SpecialAgenda
City of Plymouth
Special City Council Meeting
Tuesday, February 26, 2008
5:00 p.m.
Medicine Lake Room
1. Call to Order
2. Meet with Plymouth -New Hope Little League to
discuss cost sharing request
3. Discuss Rental Licensing Ordinance, Point of Sale
Inspection, and excessive nuisances
4. Adjourn
12
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447
DATE: February 20, 2008 for Study Session February 26, 2008
TO: Laurie Ahrens, City Manager
FROM: Eric J. Blank, Director, Parks and Recreation
SUBJECT: Council Study Session — Zachary Park Shelter Building
Plymouth/New Hope Little League Baseball has requested that the, city work in
collaboration' with them to build a park shelter building and concession.—.,stand,..'—,at:—,..,I
Zachary Playfield. As.the Council will recall, in 2006 Zachary Park underwent a major
renovation in cooperation with Plymouth/ New Hope Little League:, I have: attachedfor
Council review; the agreement and staff reports dealing with that: project. The -total
cost of that upgrade was.$850,837 of which little league agreed to pay $250,000 (see
attached agreement). As of December 31, 2007, Plymouth/New Hope Little League
has a $50,000 outstanding balance due to the city.
It is my understanding that Plymouth/New Hope Little League wishes to have the city
be responsible for all construction material costs for a new park shelter building while
Plymouth/ New Hope Little League would be responsible for getting volunteers to
construct the building. Based on a similar building recently built at Greenwood Park, it
is estimated that the materials would run from $100,000 to $150,000. There would
also be building permit fees associated with the construction of the building. I have
attached, for council review, a copy of our agreement and staff report dealing with the
construction at Greenwood Park in cooperation with Wayzata Youth Baseball. On that
project we capped the cost to the city at $30,000.
When we did the Zachary Park upgrade in 2006 we anticipated a park shelter building
would be constructed sometime in the. -future. We stubbed in water and sewer lines to
the future building location to accommodate that addition. While I am not opposed to a
building being constructed at this location, I have a number of concerns about this
proposal.
1. I am concerned about the fast track nature of the project and that volunteers
would be doing the physical construction of the building. ,
2. We would have an open construction site at the park during the prime baseball
season.
3. As we have done with Wayzata hockey and baseball, the current loan
agreement should be paid off before we enter into a new project agreement.
4. There has been no review of this proposal by the Parks and Recreation
Advisory Commission to prioritize among other projects.
5. The City invested $600,000 to remodel Zachary Park for the baseball
association which is something that has not been done at any of our other
playfields.
6. A building will require site planning approval by the Planning Commission.
7. Our park dedication income is at a 10 year low and we are not projecting any
increase in the next year due to the slowdown in the housing market
I feel that it is important to treat Plymouth/New Hope Little League as we did Wayzata
Youth Baseball. Therefore, it is my recommendation that we cap our contribution at
30,000 if this project moves forward.
EB/mm
Attachment,
Agenda Number: , /
I
TO: Laurie Ahrens, City ManagerFROM: Eric Blank, Director of Parks and Recreation
DATE: January 9, 2007, for Council Meeting of January 23, 2007
SUBJECT: Amendment of Agreement Between City and Plymouth/New Hope Little
League Baseball
1. ACTION REQUESTED: City Council should pass the attached resolution amending
agreement between the City of Plymouth and Plymouth/New Hope Little League Baseball.
2. BACKGROUND: In July of 2006, the City Council approved an agreement between the
city and Plymouth/New Hope Little League Baseball for the redevelopment of the Zachary
playfield. The agreement called for the Little League to provide $100,000 of funding at the
award of contract and the remaining $150,000 by December 31St of 2006. We received the
first $100,000 in July, and in December we received an additional $100,000. In discussing
this with the baseball association, they've requested additional time to raise the remaining
50,000. The project is approximately 90% .done, but will not be closed out until probably
July or August of '07.
3. BUDGET IMPACT: The association has requested an additional 12 months to pay off the
remaining $50,000 in contribution. In reviewing this with our financial department, we do
not find this to be a burden on the city at this time. This also would not treat the Little League
association different than the hockey association in that we have not placed a timeline on the
hockey association on when they need to pay their contributions on the ice arena.
4. RECOMMENDATION: Staff recommends the city council approve an additional 12
months for the Plymouth/New Hope Little League Baseball to secure their remaining
50,000 for the Zachary Park remodeling project.
EB/np
N
CITY OF PLYMOUTH
RESOLUTION 2007 -
Approving Amendment to Agreement
WHEREAS, the City of Plymouth has a written agreement with Plymouth/New Hope Little
League Baseball for the redevelopment of Zachary Park, and
WHEREAS, said agreement calls for the contribution of $250,000 to be made by the end of
December 2006, and
WHEREAS, the Little League Association has requested a one year extension;
NOW, THEREFORE, BE IT RESOLVED BY THE PLYMOUTH CITY COUNCIL that the
agreement is hereby amended to allow the remaining $50,000 to be remitted to the city by
December 31, 2007..
Adopted by the City Council on
Agenda Number: ,l
TO: Laurie Ahrens, City Manager
FROM: Eric Blank, Director of Parks and Recreation
DATE: July 5, 2006, for Council Meeting of July 11
SUBJECT: Award of Bids— Zachary Playfield Redevelopment
1. ACTION REQUESTED: The City Council should move the attached resolution awarding
bid to Peterson Companies in the amount of $704,680.80.
2. BACKGROUND: Sealed bids were received and opened at 10 a.m.. on Thursday, June 29,
for this project. The City received six bids as outlined below.
Peterson Companies $713,173.15
Sunram Construction, Inc. $784,739.55
Morcon $786,215.32
Veit & Co. $789,789.00
Doboszenski & Sons, Inc. $829,068.15
Meyer Contracting, Inc. $912,037.90
The apparent low bidder is Peterson Companies, from Lino Lakes, MN. Their base low bid
was in the amount of $713,173.15. The specification allows the City to remove any line items
in the bid documents and perform the work ourselves. We've decided that we will remove all
the chain link fence and backstops from the current two fields. This was bid as a lineal foot
item in the amount of $7,992.35. We will also remove and haul away the players benches and
concrete footings, which was bid at $500. With these two deductions, the new bid that we are
awarding is in the amount of $.704,680.80. Attached to this memo is an agreement drafted by
the city attorney's office between the Little League. and the City of Plymouth. Brian Joluison,
President, has signed the document on behalf of Plymouth -New Hope Little League.
3. BUDGET IMPACT: On May 23, the City Council authorized the Director of Parks and
Recreation to take this project out for bid. The overall budget was set for the project at
832,500. This .covers construction costs and all the soft costs. By awarding this bid as
outlined in the memo, we anticipate starting the project with a contingency of just over
61,000.
4. RECOMMENDATION: Staff recommends the City Council award the bid to Peterson
Companies for the redevelopment of Zachary Playfield in the amount of $704,680.80.
EB/np
CITY OF PLYMOUTH
RESOLUTION 2006 -
AWARDING BID FOR ZACHARY PLAYFIELD REDEVELOPMENT
WHEREAS, the City of Plymouth has received sealed bids for the redevelopment of Zachary
Playfield athletic complex, and
WHEREAS, the City received six viable bids for this project, and
WHEREAS, the apparent low bidder is Peterson Companies in the amo- uit of $704,680.80,
NOW, THEREFORE, BE IT RESOLVED BY THE PLYMOUTH CITY COUNCIL that the
award of bid is made to Peterson Companies, in the amount of $704,680.80, and fiirther, that all
costs of this project will be charged to the Zachary Playfield construction improvement project,
and filrther, that the city's share of the funding will be taken from the park replacement fund.
Adopted by the City Council on
Change Order
Instructions on reverse side)
PROJECT:
Name and address)
Zach:ar Park
4355' `Zachary L'ane',
Plymouth, `MN '55441°
TO CONTRACTOR:
Name and address)
Peterson Companies, Inc
s.. ..
8326 Wyoming Trail
Chisago CY'ty; MN 1 55013'
2 00 0 ED IT I ON
CHANGE ORDER NUMBER: 1 OWNER
DATE: June 1, 2007 ARCHITECT
ARCHITECT'S PROJECT NUMBER: 5615 CONTRACTOR
CONTRACT DATE: June 1, 2007 FIELD
CONTRACTFOR: Athletic Field Site Improvements OTHER
THE CONTRACT IS CHANGED AS'FOLLOWS
Qnclnde, i'yhere applicable any dtspyted amouritattrlbniablerto. p,re'vioasly execuledConstraction Change Directives.)
See :attached)
i
i r
The oiigmaY (Contract Sum) (:Guaranteed M' mum Puce) was 704 680.80
The r et change by prkoQ,uthoriiid Change Orders c1 0 Oa0 agt
T)ze (Contract Sum) (Guaranteed Nlaurium Pnce) poor to this Change Order was s 704,680.80
1 The (Contract Sum)'(Guaranteed,MaaZmum;Price) will be (inc reased)„(decreased) r
unchanged,)'bythis;Change Order inthe amount of s56, 2012 0,0
r a; .r 7-60 882.80Thener5 (Contract Sum)'`(Guaranteed lYlaximum 'rice) including tins Change Order will be S
The Contract Time will be (increased) (decreased) (unchanged) by ( 0 ) days.
The date of,SubstantialCoznPJ,etion as of:the date of this Qhange:Order therefore is May 15, 2007
i
I
NOTE ThisChange Order does r}ot incIude changesdri the Contract Sum Contract Time or Guaranteed Maximum Price which
have been authorized b Change Directive for which th6d6st oi• time alp -in dispt[te; as described in Subparagraph
7.3.8 ofATA Document .moi .
Y1. Not valid until stg ned b the Arch.itecs, Confiracior and Owner..
r r
SRF ConsultangGroup Peterson Companies City of Plymouth
H `T E ' (T}ip d Tran it CONT (Typed narre) OWN E R (Typed name)
7ow L
Signtiture) (Si ftature (signature) GZLt (1
2000 AIAOO
Ken Grieshaber John a son' / GIA DOCUMENT G707-2000
gy , BY if yy,
CHANGE ORDER
DA E D TE DATE
02000 The American Institute of Architects. Reproduction„of the maierial herein or substantial quotation of its The American Institute
provlswns,.without written permission of the AIA violates the copyright laws of the United States and will subject of Architects
the violator to legal prosecution. 1735 New York Avenue, N.W.
1PiARNiSdG: Unlicensed photocopying violates.U.S. copyright laws,•and will subject the violator to legal prosecution. . Washington, D.C. 20006-5292
AGREEMENT
AGREEMENT made this 10`h day of October 2006, by and between the CITY OF
PLYMOUTH, a Minnesota municipal corporation ("City"), and PLYMOUTH WAYZATA
YOUTH BASEBALL ASSOCIATION, a Minnesota non-profit corporation ("Association").
RECITALS
A. The City leases land from the Wayzata School District at the Greenwood Park
subject property")
B. The Association has agreed to construct a building, approximately 32 feet by 44
feet, on the subject property. The building will contain two handicapped accessible restrooms,
storage area, concession area, and second story scorekeeper and announcer booth ("the
Building").
NOW, THEREFORE, the parties agree as follows:
I. ASSOCIATION RESPONSIBILITIES.
A. Site. The City agrees to permit the construction of the Building on the
subject property at the location designated on the attached Exhibit "A" ("Site") and the
Association agrees to build it. Prior to contracting for construction of the Building, the parties
must make a determination that the site is in buildable condition for the Building and that the site
does not have any environmental or other significant problems that would cause cost overruns or
operating problems. If, prior to entering into a construction contract, the parties find that the site
is not buildable or that significant cost overruns would occur at the Site, and the City elects not
to remedy the Site, this Agreement may be terminated by any party.
B. Utilities. The Association shall be responsible for installing City sewer
and water to the Building.
127482v01 1
RNK:09/21 /2006
C. City Related Fees. The Association shall be responsible for payment of
City fees and charges related to construction of the Building, including building permit fees and
city imposed sewer and water connection charges, and Metropolitan Sewer Availability Charges
SAC").
II. CITY RESPONSIBILITIES. The City agrees to contribute $30,000.00 toward
the construction of the Building. $15,000.00 shall be paid when framing of the Building is
complete and $15,000.00 shall be paid when a certificate of occupancy is issued for the Building.
III. DESIGN AND CONSTRUCTION.
A. Costs. The Association shall be solely responsible for the construction
and all costs related to the design and construction of the Building, including site preparation,
except as otherwise provided in this. Agreement. Prior to entering into contracts for construction
of the Building on the Site, the Association shall provide proof of financial responsibility to
complete the Contract in the form of a Written Statement from the Association's lending
institution indicating the subject Loan for construction of the building is Approved and Secured.
The City shall receive notice of progress payments to the Contractor as the project moves
forward.
B. Plans and Specifications. The Association shall prepare plans and
specifications for the design and construction of the Building, which must be approved by the
City's Park and Recreation Director.
C. Approvals. The construction plans for the Building shall be submitted in
accordance with the City's ordinances and rules relating to development approval, the issuance of
building permits, and subject to the review and approval of the City pursuant thereto prior to
commencement of construction. The Association shall obtain any license, permit or other
governmental approval necessary for construction and/or operation or use of the Site including
127482v01 2
RNK:09/21/2006
approval from the Hennepin County Department of Health. Prior to issuance of all such
approvals, the City may terminate this Agreement for any reason.
D. Contract Documents. After approval of the plans and specifications the
Association shall prepare contract documents, which shall be subject to City approval, and award
the contract.
E. Administration of Construction Contract. The Association shall
administer the contract and supervise the construction. All change orders to the contract must be
reviewed and approved by the City's Park and Recreation Director. The Association shall
provide all requested information concerning construction of the Building to the City's Park and
Recreation Director, who shall oversee the construction on the City's behalf.
F. Building: Code. The Building must meet all building code requirements
G. Completion. Construction of the Building shall be substantially complete
by January 31, 2007. The Building cannot be occupied until the City issues a Certificate of
Occupancy.
City..
H. Sil4nage. Building signage must be approved by the Association and the
IV. INSURANCE.
A. Insurance or Coverages Required. Contract documents must provide
that no construction of the Building may commence until all Contractors associated with
construction take out and maintain or cause to be taken out and maintained until six (6) months
after the City has accepted the Building the following policies or coverages in the following
amounts:
1. Public liability, property damage, and auto insurance covering
personal injury, including death, and claims for property damage
which may arise out of Contractor's work or the work of its
127482v01 3
RNK:09/21 /2006
subcontractors or by one directly or indirectly employed by any of
them including coverage for all owned, hired, vehicles and
employers' non -ownership liability coverages. Limits for bodily
injury and death shall be not less than $1,000,000 for one person
and $1,000,000 for each occurrence; limits for property damage
shall be not less than $1,000,000 for each occurrence; or a
combination single limit policy of $1,000,000 or more,
2. Builder's risk insurance equal to the total cost of the construction
of the Building, including labor, materials, etc.
Workers' compensation insurance as required by law. The policy
shall also provide Employer's Liability coverage with limits of not
less than $500,000 Bodily Injury each accident, $500,000 Bodily
Injury by disease, policy limit, and $500,000 Bodily Injury by
disease, each employee.
4. The Contractor shall have in force for any coverage provided by
this Agreement an Errors and Omissions Coverage with limits of
not less than $1,000,000 per occurrence and $1,000,000 aggregate.
B. The City shall be named as an additional insured on the policies of
insurance, and the Contractor shall file with the City a certificate evidencing coverage prior to
the Contractor commencing construction work on the Building.
C. All insurance policies shall provide that the City shall be given at least
thirty (30) days prior written notice of any cancellation, termination or material modification of
the required coverage. In no event shall the contractor operate within the City without all
insurance required by the City. The City reserves the right to cancel the Agreement upon ten
10) days written notice, in the event the Contractor is unable to secure insurance as required by
this Agreement.
V. MECHANICS' LIENS. The Association shall provide in all construction
contracts, subcontracts and supplier contracts for the Building that mechanic's liens. are
prohibited and that lien rights are waived. The Association shall provide the City a list of all
contractors, subcontractors and suppliers before commencing construction and verification that
127482v01 4
RNK:09/21 /2006
they have waived their lien rights. The Association shall hold the City harmless and indemnify
the City from all damages, judgments, claim, causes of action, and costs and attorney's fees
arising from any liens
VII. OWNERSHIP. Upon completion of the Building, the Association will turn over
full ownership to the City and provide proof of payments and lien waivers from all contractors.
VIII. USE AND SCHEDULING.
A. The City shall schedule the use of the Building.
B. The City shall give priority to the Association in scheduling for twenty
years commencing on the date the Building is completed. The Association may not assign its
priority to any other entity.
C. The City will enforce applicable statutes and ordinances in and around the
Building in the same way that they enforce these ordinances on other park property.
IX. RESPONSBILITY FOR LOSS. The Association shall hold the City harmless
and indemnify the City from all damages, judgments, claims, causes of action, and costs and
attorney's fees arising from the construction of the Building, except for any claim that arises
solely out of the City's own negligence.
X. REMEDIES. In the event that either parry fails to perform any obligation under
this Agreement, and such failure continues for ninety (90) days after written notice from the
other party, such other party may seek specific performance of this Agreement in addition to any
other right or remedy available at law or in equity.
written.
THIS AGREEMENT executed by the parties hereto the day and year first above
CITY OF PLYMOUTH
127482v01 5
RNK:09/21 /2006
0BY: , 1 X
Ju y A jhasctff6r
AND
La rie Ahrens, City Manager
PLYMOUTH WAYZATA YOUTH
BASEBALL ASSOCIATION
BY:
Thomas J. Bed sen, President
AND a
Kupf S 1-
cicliowski, Treasurer
J
127482v01 6
RNK: 09/21 /2006
OCT -05-2006 11:10 WAYZATA 284 DISI U -r 1(-t f OJ f 4J J1J71 . e c enc
Addendum to License Agreement (Greenwood Playf ells)
Authorizing City of Plymouth to Construct a Concession and
Restroom Facility. on the Licensed Premises
1. This addendum, dated , is to the License Agreement dated November 1,
2000, between Independent School district No. 284 (the "District") and the City of
PIymouth '(the "City") regarding the use of the Licensed Premises at Greenwood
Elementary School.
2. The District authorizes the City to construct and own a concession and restroom
facility (the" Facility") on the licensed premises, to be located as shown on the
attached site plan ("Exhibit C").
3. The City must maintain the Facility in a safe, attractive and first-class condition.
The city is responsible for all costs, including custodial, maintenance, and utility
costs. Compliance with health code requirements is solely the responsibility of the
City.
4. The city may authorize other entities to operate the Facility on its behalf.
The parties have executed this Addendum on the date written above.
District
City
I(ndepen e t School Dastrict o. 2S4
By
U
Carter Peterson
Clerk
City Of Plymouth
B Y
UUdy J'oQon
Mayor
i
TOTAL P.02
Agenda Number:
TO: Laurie Ahrens, City Manager;d
FROM: Eric Blank, Director of Parks and Recreation
DATE: September 19, 2006, for'Council Meeting of September 26
SUBJECT: Greenwood Park — Request From Wayzata Baseball Association to Donate
Shelter Building
1. ACTION REQUESTED: The City Council should approve the attached resolution authorizing
the Wayzata Youth Baseball Association to construct a park shelter building at Greenwood Park
School, and that the City will accept the ownership of the building when it is completed, and that
the City will contribute $30,000 toward the construction of the building.
2. BACKGROUND: Please see the attached report dated September 8 to the Park. and Recreation
Advisory Commission regarding this proposal. The Commission voted unanimously on September
14 to recommend to the City Council that the proposal from Wayzata Baseball be approved.
The building in size is approximately 32 feet wide by 44 feet long. It contains two handicapped
accessible restroom facilities, storage area, concession area, and second story
scorekeepers/announcers booth. The concession stand will be similar to our other buildings in that
they will be selling pre-packaged food and not preparing food which requires 3 -compartment
stainless steel sinks and other extensive plumbing equipment. The final plan will be reviewed and
approved by the Hennepin County Health Department. At the City's request, the building will
contain a metal roof which will provide many years of maintenance -free service. The estimated
cost of the building is between $230,000 - $240,000. Staff is recommending that the City
contribute $30,000 towards the overall construction of the project. If Council concurs with this
request, we will seek approval from the Wayzata School District and return to the City Council
with a signed agreement outlining the details of the donation and use of the building by the
association.
3. COST: Cost to the City would be $30,000 and use of the land for the building. The City will
assume the long-term maintenance of the building for such things as the electricity and water
usage. The building will not be heated and will only be in.operation for approximately three
months during each summer.
4. RECOMMENDATION: Staff recommends the City Council approve the construction of the
shelter building at Greenwood Park School, and further, the Director should return to the Council
with a signed agreement outlining the conditions of the donation of the building and its use.
EB/ds
0ASTAFF\Eric\Council\2006 Reports\Greenwood Park -Shelter Building.doc
DATE: September 8, 2006
TO: PRAC
FROM: Eric J. Blank, Director, Parks and Recreation
SUBJECT: Greenwood Park — Request from Wayzata Baseball for Shelter Building
ACTION ITEM: Staff recommends the Park and Recreation Advisory Commission approve
the construction of a park shelter building at Greenwood Park and accept the building as a
donation to the City of Plymouth, and further, that the City contribute $30,000 to the
construction of the building.
BACKGROUND INFORMATION: Wayzata Baseball has approached the City of Plymouth
about constructing a park shelter building to include bathrooms, concession stand, and
observation room at Greenwood Park. Greenwood Youth Sports Complex includes three youth
baseball fields laid out in a circle. This design contemplated the future addition of a shelter
building between the ballfields. Wayzata Youth Baseball would like to construct this building
and donate it to the City of Plymouth. Attached for Commission review are drawings of the
proposed structure. City staff has been working with the baseball association on the design of
the building and the specifications. Two items we have requested are a metal roof on the
building and concrete sidewalk all the way around the building. These items are for long-term
maintenance and ease of care of the building. The estimated cost of the building is between
230,000 and $240,000. In order to build the building, we need both authorization from the City
of Plymouth and the Wayzata School District in that the land is leased to the City by the School
District, but does require their approval.
COST: The City staff is requesting items such as the metal roof and the concrete sidewalks
surrounding the building, and so there is additional cost incurred for this project. Therefore, we
are _recommending that we amend our capital improvements budget to include $30,000 to help
pay for the cost of the shelter building. In the future, we know that Armstrong Youth Baseball
intends to fiend -raise for the construction of a park shelter building at Zachary Park. Joint
projects and cost-sharing with the athletic associations is a good way to stretch City dollars
further.
RECOMMENDATION: Staff recommends the Park and Recreation Advisory Commission
approve the addition of a park shelter building at Greenwood Park, and further, that the City
accept the building as City property, and further, that the City contribute $30;000 towards the
construction of the building with funding to come from park dedication funds.
EB/ds
HEW M
CLEC. PFS 6 TWI -S %EFr
9C98WDO e*d' 1& Wro G'L YTP- FLAad
s8hNvo lbi 1•
Bb6 fl E°5- S' Srr.
9' q4D-A.,swx A 4 S-rAw.,3.
5 L VA
FLrsVA'CUU,>
5 FbUMDAT1obl
mg w4mAme.Q3 stz4mvAL
5F tlFtcA'ria45
5p 5rE:caFICA-tom
U to -Of rowEN F-*APTi---------_---_ —_----------------
4____ -4
Enl%w(
P"ftLa
sat —'t
I 5
I
t a
lF SfrNJl-
vie
5
llmki Agog"
p;ba
GIMEENWDDD
e
I IS : "M_6 6 - WaLbu,4Q.
t,A D1J. IM 14.tl% M T" RPSG i 9 I j _
o.r_ .. -TEE ULLF%GLCs. Sp -a
W114(4 AaA MA-naAwp
TO 1%% L a6J .
coN 6' 2? W U A a aPao-sff
C-Aw7lima WATGfL owE- .
1ELMfl
Gx&6 1,AW9
vv .
NEW 5F—LAj* ooa op
To ONJEf SAD pow. L4wrs ALW(c,
N*Dt A FoAfo.l9Pl® C 419a
RviC.E 'T® IntllMI &t.
BUILDINGPw, Y
I
lao.
N N
v-1011.6
Mulglmk WAU-
INN
MM. MRMR, %
JP
k
d -P
Olowu
T
SITE PLAM amu- A
IM Vil C41A At& -fcF
I @L'i ImanqNUT -WALL
L
MAIL. U to tW- I'VMV*. OM A '5AWD %46S - IMPALE GtWMt"O% -------
AT EEM ims torm 4op4jcf- POTAINWh
JD%MTS 4Vom csorrfL
TcOc- P-MlaIM14 WA4-
WD ig5w. OMG Pwlywz
MkC- QAZ OjkPtVAWrt. F* 060(ow
ttoo
tm
ti®
I a
teb
0 a
N4 FiG I''1MM
FLMA - N - 5u puma?. a?. r-tXTasc-z, t
91&u .gam
N4 (1) W Ue.• Pwwrw -Mnx mt raptat.Alli SEtQ to Sam..
g) tmK ow bhcg. of m gym% im?,mTom to .
O ®NE %us(-?X?M S P51L 59'AtL.
9) CWMTE
ta.0 4AS•SAR Imp. Cms.
4.n WAT'GF SEIVIGE AMD
b Gear • AH.AR . PAw Tm Sm StcE-;,
18. 6MI -ROMME _aln.Pv -
LO
i
d®
4Y
P .. NOWyet ^r 1
i
ice. a ti -
D.'LAIL ate' "AM Flom"
6 11
Hai MW,95
up tu
mPLAq M9ew 4WOTolk 6
t l L. SSPi: 'b14 SGRI.
rn
4-1 Ile
41e
i a
41e
L"IJ sB
11
4101
mopA- LrO--o-
W
TAW WMM
9ih
We
WN nMl U10
M Me
olaw
40
rN fJji:
g F ylT
IV
618%
B
vw • r LA- -venc o
SIDE GLAVA-ems
lip,
C-notimmay:
Wk9B B
olms
S
1
BdIB:
1. .4 LAW ABY
IDAW AgAy
yAeteE;,,• srrEAOXI
AWSOINA
i
M]
L. 01 ch\u
EPDM Feed
I.seee a l Din..
I'&et1 l`Lu
1
M 'S1C011. RLSVAMMA
mw
alp" —
i
CITY OF PLYMOUTH
RESOLUTION 2006 -
APPROVING THE CONSTRUCTION OF A PARK SHELTER BUILDING
AT GREENWOOD PARK SCHOOL AND ALSO APPROVING THE
DONATION OF SAID BUILDING TO THE CITY OF PLYMOUTH
WHEREAS, Wayzata Youth Baseball has requested permission to construct a park shelter building at
Greenwood Park School, and
WHEREAS, the Park and Recreation Advisory Commission has reviewed and recommended approval
of said request, and
WHEREAS, Wayzata Baseball wishes to donate said building to the City of Plymouth, and
WHEREAS, the Park Commission and City Council have reviewed said request,
NOW, THEREFORE, BE IT RESOLVED BY THE PLYMOUTH CITY COUNCIL OF
PLYMOUTH, MINNESOTA, that Wayzata Youth Baseball is authorized to construct a building at
Greenwood Park School, and that the City shall accept such building, and further, that the City will
amend its capital improvements budget to include $30,000 toward the construction of said building..
Adopted by the City Council on
0:\STAFF\Eric\Counci1\2006 Reports\Greenwood Park -Shelter Building.doc
DATE: December 19, 2007
TO: eve,Juetten, Community Development Director
FROM: Joe tyan, Building Official
SUBJECT: Code Enforcement Programs and Activities
In 1992, the City Council directed staff to pursue the preparation of an ordinance to
establish a formalized housing maintenance code and rental dwelling licensing and
inspection program for the City. Although initially discussed, a point of sale program
was not considered. The costs required to administer and enforce the new programs were
initially designed to be self supporting, reliant upon license fee revenue.
The purpose at that time was to help maintain existing residential dwellings and rental
dwelling units within reasonable safety and building code standards by establishing
minimum standards designed to protect building occupants; and to preserve the value of
land and buildings by correcting and preventing adverse housing conditions.
Based on that direction, a customized housing maintenance code, rental dwelling
licensing code, and associated fee schedule was developed using ordinance provisions
from several neighboring cities.
On November 1, 1993, the City Council adopted the housing maintenance and rental
licensing code. The next month, the City Council adopted an associated fee schedule for
1994. Following substantial public input, a revised fee schedule was adopted in February
of 1995, for the calendar years of 1995 and 1996, whereby the city would fund 1/3 of the
total program costs through the general tax levy.
On July 24, 2001, the City Council approved an ordinance amending the rental license
code, by adding a new provision relating to conduct on licensed premises. This provision
established a process whereby when certain types of behavior occurred, enforcement
steps could be taken to eliminate such activity. The behaviors included gambling,
prostitution, possession or sale of drugs, unlawful sale of alcoholic beverages, unlawful
possession, transportation, sale or use of a weapon, noisy assemblies, and certain acts of
disorderly conduct. If a series of three such incidents occur within a specified time
frame, the license to operate the property as a rental unit could be suspended, revoked, or
placed on probation. The Police Department is responsible for the administration and
enforcement of this provision, with some assistance from the Community Development
Department.
On October 26, 2004, the City Council approved an ordinance that replaced our
customized housing code by adopting the 2000 International Property Maintenance Code
with amendments. Although the former housing code provisions served the City well, no
major changes to its contents occurred in over 10 years, and additional amendments were
needed given its age, changes to other state code references, and code deficiencies which
simply were not addressed. This code became the model used by most cities throughout
the State.
At this same meeting, individual rental unit fees were increased 50 cents due to
inflationary costs. Additionally, a new ordinance provision titled "Tenant Register" was
also added to the requirements for rental licensing based upon a request by the Police
Department. This new provision requires apartment managers to maintain a current
register of tenants at all times for review and inspection by a designated member of the
Police Department.
On November 16, 2005, the Plymouth City Council adopted an ordinance that revised
and increased the fee schedule for all rental dwellings. The reason for the increase was
necessary to help recover the overall costs needed to continue providing the services
rendered, as well as to remain in line with the council's goal of having license fee
revenues account for approximately 2/3rds of the total program expenditure costs. There
have been no additional fee increases since then.
The following tables illustrate the various rental types and totals, the associated fee
schedule, and the revenue and expenditure history for the housing maintenance/rental
dwelling licensing program.
CURRENT FEE .SCHEDULE
Rental Category
One Family Dwelling
Two Family Dwelling
Condominium Dwelling Unit
Three Family Dwelling
Four Family Dwelling
Five or More Family Dwelling
Reinspection Fee
0)
Fee Schedule
50.00
75.00
50.00
100.00
125.00
100.00 per Complex plus $6.00 per Rental
Unit
40.00 Per Inspection
ANALYSIS OF EXPENDITURES AND REVENUES
The following two tables illustrate the total number of rental licenses/units per year and
the revenue and expenditure history for the housing maintenance/rental dwelling
licensing program:
Total Number of Rental Licenses/Units by Year
Unit Type 2000 2001 2002 2003 2004 2005 2006
Single Family 130 127 136 152 153 166 183
Duplex 72 70 73 74 74 74 72
3-4 Plex 15 15 15 16 15 15 11
Condos 42 45 62 127 125 169 193
Apts. 5655 5660 5706 6809 6826 6979 7075
Total Rental Units 5914 5917 5992 7178 7193 7403 7534
Revenue and Expenditure History
Housing Maintenance/Rental Inspection Program
Year Actual Actual Surplus/Shortfall Revenue
Revenues Expenditures Coverage%
1996 34,604.00 73,450.00 38,486.00 47.11%
1997 34,220.10 77,898.79 43,678.69 43.93%
1998 37,004.67 83,667.85 46,663.18 44.23%
1999 36,773.72 85,980.12 49,206.40 42.77%
2000 38,767.09 84,391.84 45,624.75 45.94%
2001 40,507.97 88,622.16 48,114.19 45.71%
2002 43,277.90 91,560.37 48,282.47 47.27%
2003 49,630.31 96,217.09 746,586.78 51.58%
2004 54,155.00 101,584.15 47,429.15 53.33%
2005 55,325.00 106,516.00 51,191.00 51.94%
2006 75,331.00 108,396.00 33,065.00 69.49%
2007 (YTD) 35,292.00 53,274.00 17,982.00 66.25%
Amount includes 2003 license fees paid in 2004
Note: The actual expenditures account for the total program budget costs for both
housing maintenance and rental licensing. A high percentage of the housing inspector's
time is spent performing tasks other than rental licensing, such as: Enforcement of the
3
housing maintenance code for both owner occupied dwellings and non-residential
buildings; zoning ordinance and city code enforcement of complaints; building code
enforcement of hazardous and substandard buildings, and section 8 rental assistance
inspections. These other activities are not supported by any fee revenue generation.
RENTAL DWELLING PRORAM OVERVIEW
New Rental Application Process: When our office learns of a possible rental dwelling,
a letter is mailed to the property owner providing ten days to verify and respond as to its
status. Included with the letter is a license application form which includes a packet of
information regarding the license process and related City code provisions.
We become aware of such properties through a variety of different means, such as:
Registered complaints, utility billing records, homestead verification, section 8 tenants,
and assessing inspections.
If the property is determined as rental, the owner is required to complete the application
and remit proper payment to the City. If timely payment is not received, a subsequent
letter is mailed to the owner again requesting application and payment, including referral
to the City Attorney for non-compliance.
Once the application and payment is received, the application is processed, and an
inspection of the property is scheduled. Once inspected and no violations exist, the rental
license is issued. If violations exist, a correction notice is issued, and such repairs must
be completed and re -inspected prior to license issuance. If corrections are not made in a
timely fashion, a letter is mailed to the property owner indicating the possibility of
referral to the City Attorney for non-compliance.
Existing Rental Renewal Application Process: A rental dwelling license renewal
application is mailed to the property owner at least 90 days prior to the expiration date of
the rental license, for completion and payment to the City within 60 days of the license
expiration date.
If the application and payment is one to 14 days late, a 10%, but not less than $10.00
penalty fee for late payment is assessed per City Code. If the application and payment is
15 to 30 days late, a 25%, but not less than $15.00 penalty fee is assessed.
If the required application and fee payment is not received within 30 days, the matter is
forwarded to the City Attorney for appropriate legal action.
Once the application and payment is received, the application is processed, and an
inspection (if required) is scheduled. Once inspected and no violations exist, the rental
license is issued. If violations exist, a correction notice is issued, and such repairs must
be completed and re -inspected prior to license issuance. If corrections are not made in
n
a timely fashion, a letter is mailed to the property owner indicating the possibility of
referral to the City Attorney for non-compliance.
Inspections are performed every two years, except for multi -family (5 or more dwelling
units), which are inspected annually. For these buildings, a random sampling of at
least 15% of the total number of dwelling units is inspected at the discretion of the
Housing Inspector.
Inspection Process: For new rental properties, the housing inspector focuses his
inspection investigation on matters involving life/safety issues, which include:
Hazardous wiring - open junction boxes, exposed wiring, over fused services, and the
extensive use of extension cords for hard wiring purposes.
Non existence, non operational or improper location of smoke detectors.
Hazardous mechanical, equipment, un -vented appliances, unsecured gas piping and
venting, lack of temperature relief valves on water heaters, lack of clearance to
combustibles, and the improper use and maintenance of mechanical equipment.
Structural hazards - deteriorated or inadequate foundations, lack of required handrails
and guardrails, and the lack of, or damage to fire walls, sagging of roofs, floors, and
supports.
Inadequate exits - bedroom areas without required rescue windows, exterior doors not
capable of opening from within dwellings, and exterior doors and windows having no
locking mechanisms.
Hazardous or unsanitary premises - accumulation of animal feces, garbage and debris,
and other types of materials that constitute a fire, health/safety hazard found both in and
out of the dwelling.
After the first year licensing period, the remainder of general maintenance items
governed in the housing maintenance code are examined and enforced.
Conduct on Licensed Premises: As covered earlier in this report, this provision was
added in 2001, as a means to effectively deal with issues involving undesirable conduct
at rental properties. This provision was requested by the Police Department that would
be primarily -responsible for-its-administration-and-enforcement.—As-pro-vided-for-in-the
code, the program is designed as follows:
If an instance of a disorderly use (described earlier) occurs at a rental property, the City
shall notify the licensee by certified mail of the violation and direct the licensee to take
appropriate action with the assistance of the City to prevent further violations.
5
If another instance of disorderly use of the licensed premises at the same dwelling or
unit occurs within 12 months of the first incident, the City shall notify the licensee by
certified mail of the violation and shall 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. The written report shall be submitted to the City within
7 days receipt of such notice.
If a third instance of disorderly use of the licensed premises at the same dwelling or
unit occurs within 12 months after the second of any two previous instances of
disorderly use for which notices were sent to the licensee, the rental dwelling license
for the premises may be denied, revoked, suspended, placed on probation, or not
renewed.
In such instance, a written notice to the licensee would be required specifying the
ordinance or law violations with which they are charged. The notice would also need
to specify the date for hearing before the City Council, which shall not be less than 10
days from the date of the notice.
At such hearing, the the license holder or their attorneys may submit and present
witnesses on their behalf. After a hearing, the City Council may suspend, revoke, or
place the license on probation if they deem it necessary to protect the public health,
safety or.general welfare.
Note: Based on current City Ordinance provisions, the City Council cannot revoke or
suspend a rental license based upon the number of police calls to a residence, or other
forms of City Code/Zoning Ordinance violations, other than those illegal activities
described earlier.
Police Department Assistance and Enforcement: The conduct on licensed premises
provision of the ordinance has been aggressively enforced by the Police Department
since 2003, when Officer Angela Haseman was assigned- to the Crime Free Multi -
Housing position. In addition to the steps outlined in the ordinance, Officer Haseman
also notifies each tenant in writing of the violation committed to reinforce the
consequences that will occur if additional violations at their rental property are
encountered.
Typically, the first respond to a complaint (depending upon severity) results in a
grace" notice/warning to the renter. The warning provides an opportunity for renters
additional calls for service are made, notices are posted in roll call advising patrol
officers to be aware of the rental property, and to cite future violations as appropriate.
There has been only one case when a rental unit had three violations occur. In that
instance, the management company was able to evict the tenant soon after, thus
eliminating the need for City Council consideration.
n
Whenever the source of a violation results from a neighbor dispute case, Officer
Haseman attempts to refer disputants to Community Mediation.
Even though the enforcement process has been effective in reducing repeat calls,
Officer Haseman recommends two changes to our existing ordinance that may further
enhance our enforcement efforts. They are:
1) Expand the types of unlawful violations by adding other types of offenses such
as: The keeping or harboring of a dangerous or potentially dangerous animal;
the consumption of alcohol by minors; indecent exposure; assault (with the
exception of domestics); criminal damage to property; contributing to the need
for protection or services or delinquency of a minor, and public nuisance
violations.
Note: The majority of cities surveyed have ordinance provisions that include
these other forms of unlawful violations.
2) Require all rental property owners/managers to attend mandatory CFMH
Crime Free Multi Housing) training offered by our Police Department. This
program is offered by others as well. This training would include topics related
to screening, Section 8, leases and convictions, and working with the police.
Having license holders educated in rental issues can lead to better property
management and maintenance, and help managers and owners deal more
effectively with problem tenants. Proof of training could be a requirement at
time of license issuance, or be required after one or more violations to a specific
rental property have occurred.
Note: Minneapolis is the only city that requires a licensee to attend and
complete a mandatory workshop after a second violation of a specific unit has
occurred.
With the above -listed changes, the Police Department would be able to broaden its
capabilities under the Crime Free Multi -Housing program and be more proactive with
rental property owners/managers. While these suggested additions will enhance the
City's ability to maintain sound quality, of life and safety issues within our rental
community, there are very few provisions available for repeat public nuisance problems
that occur at owner occupied dwellings. Therefore, the Police Department is also
suggesting_a_ne_w_program_of-the_CounciL° s_c_onsideration:-Excessive-Nuisance_Service
Call Program.
EXCESSIVE NUISANCE SERVICE CALL PROGRAM OVERVIEW
7
The Police Department has learned of an Excessive Nuisance Service Call Program that
is applicable to both rental and owner occupied dwellings that has offered other
communities another tool when addressing chronic issues at a particular residence. In
essence, this program allows police and public officers an enhanced ability to efficiently
and effectively enforce the law. Whereby, the City can impose and collect service call
fees from the owner or occupant, or both, of real property to which police and public
officers are repeatedly called to respond to nuisance violations that interfere with .
quality of life issues and unduly divert law enforcement resources from general crime
prevention and detection activities. The excessive nuisance service fee is intended as a
cost recovery mechanism for excessive law enforcement services, over and above the
cost of normal law enforcement services attributable to unabated nuisance conduct
maintained or permitted to exist on private property.
After a set number of repeat calls or circumstances have been experienced and
recorded, a notice is delivered to the property and its owner. The notice will identify
the type and specific location of the nuisance, and will summarize the evidence of the
nuisance occurring on the property. The notice will serve as a warning and will advise
that future nuisance calls may subject the property owner and occupant to a service call
fee in the amount of $250.00 of more, up to $2,000.00, based on the actual cost of the
law enforcement response.
This proposed program, under City ordinance, would serve as an additional tool when
dealing with certain chronic public nuisance complaints. _Currently, there is no
mechanism in place such as this for the City. While we have certain options under the
Crime Free Multi -Housing Program, there is no cost recovery and there are no
provisions of any sort, outside of criminal charges, for owner occupied dwellings. The
Police Department has existing examples of where this program might be helpful in
abating certain nuisance complaints where the offenses are impacting the quality of life
for nearby residents.
Note: the city of Bloomington has adopted this ordinance to manage this concern and a
copy of it is attached for review.
HOUSING MAINTENANCE PROGRAM
The housing maintenance program serves as an important means in achieving the goals
previously established by the City Council as it relates to maintaining and enhancing the
quality-of-l-ife,-safety-and_overall_pr_opertyvalues_of_the_City_.
In order to accomplish those directives, it was necessary to adopt a housing code which
contained minimum standards and requirements for the maintenance and preservation of
buildings and properties alike.
The City Council initially adopted a customized housing maintenance code that staff
developed for the City in 1993. The contents and provisions of the code sections were
similar to those adopted by several neighboring communities at that time. The
standards applied to all residential properties, including all rental housing and owner
occupied dwellings.
The inspection of owner occupied dwellings was never intended to be part of an on-
going systematic enforcement program, but rather serves as an enforcement mechanism
to respond and react to registered complaints filed with the City.
In 2004, the City Council approved an ordinance that replaced the customized housing
maintenance code by adopting the 2000 International Property Maintenance Code with
amendments. This code has become the model used by most cities throughout the state.
One significant change in this code allowed for the inspection and enforcement of all
non-residential buildings and properties as well.
There are other forms of code enforcement related activities which are not governed
exclusively under the provisions of the housing maintenance code, yet are considered
separate functions or responsibilities. associated with the housing inspector's position.
They include: City code violations, zoning ordinance violations, building code
enforcement of hazardous and substandard buildings, and section S inspection
assistance.
INSPECTION AND ENFORCEMENT PROCESS
Rental properties: The inspection and enforcement process for all rental dwelling
units is as detailed in the rental dwelling program covered previously in this report.
Owner Occupied Dwellings: When an initial complaint is registered with our office,
information is recorded in a confidential file, and forwarded to the housing inspector
for inspection follow-up. Once inspected, and no violations observed, the record is
closed, and the complainant is notified of such findings.
If violations are observed, the property owner is informed of such violation(s) either
verbally, or in writing, depending upon the severity of the violation(s), and provided
with a reasonable time period to gain compliance.
A re -inspection -of -the -property -is -conducted -after -the -time -frame indicated -to -determine
the violation status. If no subsequent efforts are made, the property'owner is informed
in writing of the need to secure compliance within a shortened time frame, and advised
of the possible referral to the City Attorney for non-compliance.
If violation(s) are not corrected, the matter is referred to the City Attorney for
appropriate legal action.
E
For all other enforcement related matters, the inspection and enforcement procedures
are similar to that described above.
POINT OF SALE PROGRAM
The idea of a point of sale program for Plymouth was discussed by the council in 1992.
There are several communities which have adopted ordinances relating to a point of
sale inspection program. They include: Bloomington, Brooklyn Park, Crystal,
Hopkins, New Hope, Richfield, St Louis Park, Minneapolis, and St. Paul.
Point of sale inspections are designed to help protect the community's housing stock by
ensuring owner occupied properties are maintained in a safe, clean, and sanitary
condition. Inspections are conducted using the provisions set forth in the International
Property Maintenance Code, and must be made prior to the transfer of property
ownership. A high percentage of the housing stock in most of these communities is
over 50 years old, with the exception of Brooklyn Park. Brooklyn Park recently
adopted their ordinance which took effect in September of this year, and factors other
than age may have necessitated their need for such a program.
Point of sale programs are not very popular, in that there is an initial expense for
conducting the inspection, combined with additional expenses needed to repair or
correct violations found.. They may also cause delays in the sale process as well.
Inspection fees range from approximately $85.00 to $200 for a single family residence.
Most of the communities use City staff to . perform the inspections, while Bloomington
and Hopkins primarily rely on independent licensed evaluators to conduct the required
inspections. Repair costs can vary anywhere from $50 to 10,000 depending on the
nature of the violation. Minor replacement or repair items such as hardware, smoke
detectors, and painting can be minimal in cost, whereas electrical wiring, plumbing and
appliance replacement costs are generally much higher.
The larger communities listed perform approximately 850-1700 initial inspections
annually. Of those, approximately 90% result in the need for additional re -inspections
due to required repairs. The Initial inspection takes between 1 to 2 hours to perform,
while the majority of most reinspections can be done within 30 minutes to an hour.
Approximately 30% of all properties requiring repairs result in the need to obtain
On average, the larger communities utilize the equivalent of at least 2 FT employees
dedicated for the overall administration and enforcement of this program, in addition to
1 FT clerical position. In addition, there are other costs associated for program
education, and implementation. It typically takes cities approximately one year of
planning and preparation prior program commencement. Communities also report
10
challenges associated with the program including: The handling of foreclosures, sale by
owners, and "as is sales".
Budget Analysis: Based on our Assessing records, an average of 2,164 changes in
ownership sales have occurred annually over the past 6 years. This includes all
residential properties which include: Single family detached homes, duplexes,
townhomes, condominiums and seasonal cabins.
The, attached analysis contains information relative to the anticipated costs and
expenditures needed to initiate such a program. Based on an average of 2164 annual
units sold, we anticipate the need for 3 full-time inspectors and 1 full-time clerical
person. Inspection fees would need to be approximately $200.00 to cover overall
program costs.
Application and Inspection Process: Typically the owner or the owner's agent must
complete an application form and pay the required fee. Once paid, they then arrange
for an inspection of the property. If no corrections are found, a certificate of
compliance is issued. If violations are found, they must be corrected within 6 months
to a year, and prior to closing or transfership of the property.
The issuance of the certificate does not serve as a guarantee or warranty about the
building condition, safety or suitability, and does not serve as a substitute to a "private
inspection".
Most application forms include disclaimer provisions relating to the actual inspection
process whereby inspectors are not required to ignite heating systems, use ladders to
inspect roofs, evaluate inaccessible areas, or to disassemble items. The inspection does
not address such items as: Formaldehyde, lead paint certification of abatement, airborne
gas (radon), asbestos, insect and animal pests. The inspection is only to ensure the
building complies with the Housing Maintenance Code.
A certificate of compliance is generally not required for new home construction.
In some cities, a temporary certificate of compliance may be issued if no safety or
hazardous conditions exist, and an agreement is executed by the seller and buyer that all
corrections will be made and an escrow fund is filed with the lender or the city (when
no lender is involved) equal to the retail value of work needing correction. Other cities
Brooklyn Park and Crystal) require that a buyer's agreement be filed; whereby, such
buyers—recognize—and—agree—topur_chase—in—a—present—condition and—bear—the
responsibility for any corrective action required within the specified time frame.
11
SUMMARY
At some point in the age of housing stock within a community, a point of sale
inspection program is recommended in order to prevent adverse conditions and
maintain the value of existing properties.
If the City Council wants to consider this type of program, we are prepared to provide
any additional research and analysis deemed necessary.
Attachments: Point of Sale Budget Analysis
Various city ordinance provisions
12
Point of Sale Budget Analysis (Three Inspectors)
Dec -07
Exnenditures
Benefits 43,000.00
2008 Wages
Materials and Supplies
Low
1,720.00
High
Housing Inspector 1 FTE 21.54 to $29.31 44,803.20 60,904.80
Housing Inspector 1 FTE 21.54 to $29.31 44,803.20 60,904.80
Housing Inspector 1 FTE 21.54 to $29.31 44,803.20 60,904.80
Office Support 1 FTE 16.84 to $22.92 35,027.20 47,673.60
169,436.80 230,388.00
Benefits 43,000.00 55,000.00
Materials and Supplies 1,720.00 1,720.00
Contractural Services 15,000.00 15,000.00
Postage, printing/publishing
2005 2247
Training, Subscriptions
2312
Rental of Equipment Ci
Allocations 50,000.00 50,000.00
Facilities, Cell Phones, Computers, Vehicle
IT Overhead
109,720.00 121,720.00
Total Expenditures
Necessary Revenue
Represents Residential Change of Ownership Sales
Includes all single family, duplexes, townhoues, condos and seasonal cabins)
Year Units Sold
2001 2200
2002 1800
2003 2033
2004 2391
2005 2247
2006 2312
Average 1 2104 1
Inspector Hours Worked Per Year
Time per Inspection hours/house * 3
Average (2,164 units 6 492
Low (1,800 units) 5,400
Includes permit processing, initial inspection and all reinspections.
279,156.80 1 $ 352,108.00
Expenditures/Unit Sales
Avera e 2,164 $ 129.011$
T
162 72,
Low 1,800 $ 155.09
I Hours (Total Hours Work (Total Hours Work (Total Hours Work
5 wks off/trainina 4 wks off/trainina 3 wks off/traininc
One Full Time Person 2080 1880 1920 1 "
2.76
Total Inspect r Needs
Avera e (2,164 units 3.45 3.38
Low (1,800 units) 2.87 2.81
Subd. 5. Utilities. Except as otherwise provided by law, an owner or occupant may not
cause service equipment or utility service that is required by this code to be removed,
shut off or discontinued for any occupied dwelling let or occupied by that person, except
for such temporary interruption as may .be necessary while actual repairs or. alterations
are in process or during temporary emergencies.
Subd. 6. Notice of maximum occupancy. An owner must advise the occupant, in writing,
by insertion in the lease between the parties or otherwise, of the maximum number of
occupants permitted in occupied premises subject to this code.
425.13. Sale of property; certificate of compliance. Subdivision . 1. Application. The
owner of a structure containing one or two dwelling units must, prior to the execution of
a document providing for the conveyance of the structure, furnish to the, prospective
buyer thereof, and obtain from the buyer a signed receipt therefore, a,copy of a certificate
ofcompliance issued by the housing official within one year preceding the date of the
execution of the document of conveyance.
Subd. 2. Form of certificate. The housing official must issue a housing maintenance
inspection compliance report (hereinafter "inspection report") to the owner within. 15
days after gaining access to the interior of all structures on the subject property for the
purposes of inspection when
i
a) The owner or the owner's authorized agent has applied in writing to the
housing official, giving consent to such inspection, and the owner or agent has
agreed to a time during `normal city. working hours at which- the subject
will be available for inspection, and has paid the inspection fee set :. property P
forth in appendix IV; and
b) The housing official has inspected the structure and groLiinds and has noted in
the inspection report any conditions found during the inspection that are in
violation of the city code. ,
Subd. 3. Responsibility. The owner is responsible for, the corrections required in the
inspection report. -
Subd: 4. Certificate of compliance. The seller of a single- orp two-family dwelling may
receive a certificate of compliance upon 'satisfactory completion of the corrective actions
required in the .inspection report.
Subd. 5. Alternative_ procedure; buyer's agreement. As an alternative.to Subd. 3., the
owner of a single or two-family dwelling may receive a certificate of compliance if the
following steps are completed:
310.1 23v2 MTN.CP.205-30 .
a) Owner provides a prospective buyer with a "Buyer's Agreement to Comply
with Housing Maintenance Code" (hereinafter "buyer's agreement") on a
form provided by the city setting forth those conditions in the building which,
if not corrected, will constitute a major structural defect or an immediate
danger to the health and safety, of the occupant or, whichif not corrected, will
constitute a violation of this code. In such a case, the buyer's agreement
acknowledges that the buyer is presumed to have purchased with notice of
such condition and is responsible for the corrective action required by a
compliance order.
b) Buyer executes the buyer's agreement and files it with the city.
Subd. 6. Occupancy. A prospective buyer may not occupy a dwelling unit that is the
subject of a compliance order until the filing has been made. If the owner or buyer files a .
buyer's agreement with the city setting forth the date by which the corrective action
directed by the compliance order will becompleted, occupancy is permitted pending
completion of the corrective action specified in the compliance order unless the dwelling
unit has been declared unfit for human habitationp ursuant to subsection 425.25.
Subd. 7: Effect of certificate or statement. Nothing in the certificate of compliance or the
buyer's agreement described in subdivision 5 is to be construed as a representation by the {
city .or the housing official that the dwelling` meets minimum housing and building
standards of the city.
Y bSubd. 8. Prohibition. It is unlawful for an owner to convey a dwellina without first:havmg
received a certificate of compliance from the city as required by this section. This section .
does 'not apply to conveyances :to a public body, conveyances by a public or court officer.
mance of the officer's duties or coilve ances b a
l
person acting under theintheperfoYY
direction of court order, except for conveyances ordered.by a probate court.—'
p425.15. Administration,• enforcement; ins ection. Subdivision 1. Administration and
enforcement. The city manager is responsible: for the .administration and.enforcement of
this code and the supervision of the housing official.
Subd: 2. Compliance: When the housingofficial determines that there exists in a building
or a portion thereof conditions that constitute a violation of this code, the housing official
may begin enforcement procedures set forth in Section 306 of the Crystal City Code.
425.17. Licensing of rental units. Subdivision 1. General rule..It,is unlawful to operate a
rental dwelling without first having obtained a license. The license is issued each year
and expires on the anniversary date of issuance.
310123v2 MTN CR205-30 _
i
BUILDINGS AND BUILDING REGULATIONS' § 6-177
Section 702.3. Locked doors. Amended by adding exception.to read:
Exception. Double -keyed deadbolts are permitted in existing single-family residential.
dwellings, residential duplexes and individually owned townhorries.
Section 702.5. Sleeping room egress. Amended by adding new section to read: Every room or
space intended or used for sleeping shall have at least one openable window or door opening
directly to the exterior. The opening must be of a size and location which permits egress from the
room or, space.
Section 704.1. General. Amended to read: All systems; devices and equipment to detect a fire,
actuate an alarm, or suppress or control a fire or any combination thereof shall be installed and
BUILDINGS AND BUILDING REGULATIONS § 6-180
Sec.. 6-178. Inspection.
a) Application. The applicant for a certificate 'of property maintenance is responsible for
requesting an inspection of the property after making application and payment of fees. An
inspection shall be made by the city to determine whether the property use is legal in accordance
with city zoning requirements and the property complies with all applicable building, fire, health
and property maintenance codes. The entire property and all buildings on the property shall be
made available for inspection.
APPENDIX A — 2007 FEE SCHEDULE
6-32 Electrical permit
Installation, replacement, repair. 40 + 1.7.5% of job valuation
Single family: one appliance 40
Installation of traffic signals per location 150
6-32 Mechanical Permit
Installation, replacement, repair 40 + 1.75% of job valuation
Single Family Exceptions:
Replace furnace, boiler or finnace%AC 55
Install single fuel burning appliance with 55
piping
Install, replace or repair single mechanical 40
appliance
6-32 Plumbing Permit
Installation, replacement, repair 40+ 1.75% of job valuation
Single Family Exceptions:
Repair/replacesingle plumbing fixture 40
Water treatment (softener or drinking 15
system)
6-32 Sewer and Water Permit (all underground private utilities)
Installation, replacement, repair 40 + ] .75% of job valuation
Single Family Exceptions:
Repair/replace sewer or water service . 40
6=32 Tent Permit
Tent over 200 sq. ft. 75
Canopy over 400. sq. ft. 75
6-35 .After Hours Inspections 50 per hour (minimum 2 hrs)
6-69 Certificate of Occupancy
For each condominium unit completed after 100
building occupancy
Change of Use (does not apply to 1 & 2 family dwellings)
Up to 5,000 sq ft 250 :
5,001 —25,000 sq ft 400
25,001 to 75,000 sq ft 5600,
75,001 to 100,000 sq ft 800
100,000 to 200,000 sq. ft 1,000
above 200,000 sq. ft 1,200
6-69 Temporary,Certificate.of Occupancy 50
6-103 Building Moving 500
6-177 Certificate of Property Maintenance .
Change in Ownership
Single Family Dwellings 195
Duplex (2 family dwellings) 275
Condominium Unit 115
All other buildings: Up to 5,000 sq ft 250.
5,001 — 25,000 sq ft 400
25,001 to 75,000 sq ft 600
75,001 to 100,006 sq ft 800
100,001 to 200,000 sq ft 1,000
above 200,001 sq ft 1,200
Supp. No. 13 (01-07) CDA: 2
ORDINANCE #2007-1072
AN ORDINANCE AMENDING POINT OF SALE INSPECTION ORDINANCE CHAPTER
106.03, PARAGRAPH (J) SUNSET PROVISION, BY CHANGING THE EFFECTIVE DATE
The City of Brooklyn Park does ordain:
Section 1. Chapter 106.03, Paragraph (.n of the City Code is amended to read as follows:
106.03 POINT OF SALE HOUSING INSPECTION PROGRAM. .
A) Purpose.
The City. is faced with an ongoing problem with ensuring that residential property in the
City is maintained in a safe, clean, and healthy condition. In order to protect and promote
the public health, safety, and general welfare of the City and its residents, the City
Council has determined that establishing a Point of Sale Housing Inspection Program is
necessary. The City Council finds that such a program. is -needed .so that residential
property is. adequately inspected before ownership of such property is transferred. The
City Council establishes a Point of Sale Housing Inspection, Program as set.forth in this ,
Section.
B) Certificate of Inspection.
No person.shall sell, purchase, give, convey by deed or otherwise,or in.aay other manner,
transfer title to any single-family home, duplex, townhome, condominium or any other
residential dwelling in the City, without. first applying for and obtaining a Certificate of
Inspection from the City: A Certificate of Inspection is not required if: (a). a Certificate `
Of Occupancy has been issued by the Building Official within 5 .years before title to. the
property is transferred; (b) the property is a newly constructed .model hone; (6)'the
property is newly constructed and has not been previously occupied; or, (d) the property is
inherited and not occupied by the person receiving the inheritance. .
C) Application.
The owner any residential dwelling or the owner's representative should apply to the City
for ,a Certificate of Inspection before the property is offered for sale or purchase, whether,
for consideration or otherwise. The applicant must pay the application fee at the. time .of .
the application. Such fee shall be set from tine to time by City Council and set forth in
the Fee Resolution listed in the Appendix to the City Code:
Inspection.
The applicant for a Certificate of Inspection is responsible for requesting an inspection of
the property after making application and payment of the fees. An' inspection shall be
made by the City to determine whether the property complies with applicable City. Code
2007-1072
requirements and complies with all applicable building, fire, health, and property
maintenance codes. The entire property shall be made available for inspection:
E) Compliance.
City of Golden Valley - City Utilities System Page I of 1
Brvok lew.Golj' Ill Point of Sale
The Metropolitan Council Environmental Services (MCES), which provides regional
usinPs wastewater collection and treatment for the metropolitan, area, requires the City of
Cfty Government Golden Valley to reduce peak flows to the regional wastewater collection system.
4. co.orrnani'ty Effective January 1, 2007, the City of Golden Valley City requires all properties to
have a sanitary sewer inspection before they are advertised for sale (see City_Code
nvirnrttntrt Chapter 3.,._Section 3 31) Property owners must obtain a Certificate of 1/1
Motor Vehicle Compliance from the City before selling or transferring title of property. Properties
Licensing that don't pass inspection will be issued a correction -notice.
Parks. "
Recreation & The Point of Sale ordinance is intended to .help reduce peak sanitary 'sewer flows 'ILelsu.re caused by Inflow and Infiltration (1/1)_, or flow of clear water into the sanitary sewer
Pennits fr gjystem. It allows the City to inspect private properties to ensure there are no illegal
lcensing connections to the sanitary sewer system that contribute to excess peak flow
discharges. "
Public 5ra fety . .
Sowets ix' Inspection Process
X,` " !Jt rlp l Before any property is offered for sale or transferred, the City must complete a Point
r -Home Sale 1/1 Inspection (ap,piy fora".petm.it._online: see "Fees "sect, ion below). Any
improper connections or. significant defects in the sanitary sewer service pipe must
Zoning be -corrected before the City will issue a Certificate of III Compliance. Once a -
l. . property has a Certificate of 1/1 Compliance, subsequent sales or title transfers will
require an inspection"of the sump pump discharge only:
Failure to obtain a Certificate of IA Compliance is a_misdemeanor and may result in
additional monthly charges on the customer's utility bill ($500 residential, $1,00.0
non-residential) and possible loss of water" service.
Fees
The fee for the initial inspection, which includes a televised observation of the
sanitary sewer service, is $200 for residential properties and $750 for non-
residential properties. Fees for subsequent inspections of a sump pump discharge
are. $75. All fees are'due at the time of application.
For more information about the Point of Sale III Inspection, contact- Public Works at
763-593-8030. .
top. of pagpl [back to Streets and Utilities]
M a t'g Q "
littp:Hwww.ci.golden-valley.mn.us/streets/cityutility,sysinflowpointofsale.liim 11/29/2007 : ;
ePermits Page 1 of 1
ePermits
j 763) 593-8000 Contractor Owner
Tab Tab
Home Shop pinn Cart I Customer Service I My Account
You do not have any You are here: home > Requirements
permits in your
41iop.P..ing Ca..rt.
Inflow and Infiltration (1/1) Inspection Appointments
If you do not have an
ePermits contractor
account, please
register hese. 1. Sanitary sewer services require routine maintenance. Property owners are
encouraged to have their sewer service cleaned prior to the inspection.
Contractor Login: 2. An application can be submitted, and fee paid by check, via USPS mail, or in person
at the. Public Works Department in City Hall. Applications may also be submitted on-
line atwvvwand the fee paid by credit card.
Password: 3. Call 763.593.8030 between 8 am and 4 pm to schedule an inspection. Provide at .
least 24-hour advance notice and provide permit number (if application submitted on-
Sign In
line) at time of scheduling.
4. The appointment will take approximately one and one-half hours (1-1/2) for ,
residential properties, and a minimum of three (3) hours for commercial or multi -unit
properties.
5. A responsible adult must be present at all times during .the inspection.
6. Before the inspection, the property owner must do the following: -
a. Locate the four -inch vertical wastewater pipe. This pipe runs down through the
basement from a bathroom, kitchen or laundry room above. There will be an
access point on this pipe. The access point is referred to as a cleanout.
Cleanouts are usually located on the pipe between approximately six inches and
two feet .from the basement floor.
b. Make sure the sewer cleanout cover is accessible and can be removed. The
property owner must ensure that the cleanout cover located near the floor in the
four -inch vertical wastewater pipe is in working (operating) condition before the
inspection can be performed. To ensure that the cleanout cover is in working
condition, the cover should be loosened and removed, then reinstalled so that a
watertight seal is achieved. If the property owner is unable to provide a
working cleanout cover, the property owner needs to hire a plumber to
complete this work prior to.the inspection.
c. Make sure the area around the cleanout is clear - 5 -foot radius at a minimum.
d. ; ` If there is a cleanout cover located on the floor in the basement, this cover
should be in working (operating) condition. The inspector may need to gain
access to any cleanout covers located in the basement floor, but the inspection .
cannot be performed through this type of cleanout. Even if the property owner
has a cleanout cover located in the floor that is easily accessible and used for
sewer cleaning, the inspector,must use the cleanout in the vertical four -inch
waste pipe.
e. If you have a sump pump, make sure your sump pump is accessible for
inspection.
f. Make sure the sump pump discharge piping is visible.
7. If the property is not compliant after two inspections, an additional application fee
200 for residential properties; $500 for commercial properties) will be charged. _
8. Allow up to five working days for review of the inspection video and issuance of a
compliance certificate.
Privacy Statement
http://epermits.loois org/ePermitsWebPublic/PennitRequiremeilts.aspx?permitID=9 11/29/2007
From:CITY OF GOLDEN VALLEY 763 593 8109 1112912007 16:38
SECTION 3.31. CERTIFICATE OF SERVER REGULATIONS COMPLIANCE.
Subdivision 1. Required. No person shall sell, advertise for sale, give or
transact a. change in title or property ownership of real property with one or more
buildings or structures, without first obtaining'a certificate of sewer regulations
compliance from the City.
Subdivision 2, Application and Fees.
A. Unless the property owner already has a certificate 'of sewer regulations
compliance for a property, the owner or owner's representative is required to make
application for such a certificate before such property is offered for sale, gifted or
transferred, and before the owner or owner's representative enters into any contract for
deed or other transaction changing the party responsible for the property. Even if the
property owner already has a certificate of sewer regulations compliance, if it is more
than one-year-old,'a sump pump inspection is required for all properties containing
SUMP pumps.
B. At the time of application, the applicant for either a certificate of sewer
regulations compliance or a sump pump inspection shall pay the appropriate application "
fee. Such fees shall ,beset from time to time by the City.
Subdivisionp pp rtificate of sewer regulations3. Inspection. The applicant for a ce
compliance or sump pump inspection is responsible for requesting,an inspection of the
after making application and payment of fees: An inspection shall be made byproperty9pp
the City to determine whether the property use is in accordance with .city sanitary sewer
service regulations, as provided in Section 3.30 of this Chapter. The entire property and
all buildings on the property shall be made available for inspection:
Subdivision 4. Compliance and IEzpiration.
propertyA, Upon inspection, when the use is in accordance with city
sanitary sewer services regulations, a certificate of sewer regulations compliance will be
issued by the City.
B: A Certificate of sewer regulations compliance is valid to be used for the
transfer of property. The certificate of sewer regulations compliance may only be used
for property transfer by the owner named on the certificate or the owner's legal
representative.
C. The' certificate of sewer regulations compliance must be conspicuously
displayed ori the premises at all times when the property. is being shown for sale and
the owner is responsible for informing any potential buyers, gift recipients or.other
persons to whom he intends to transfer title as to his receipt of the certificate of sewer
regulations compliance.
From:CITY OF GOLDEN VALLEY 763 593 8109 1112912007 16:38 #648 P.0021002
D If, within one year of the issue of, a certificate of sewer regulations
compliance, the owner named on the certificate of sewer regulations compliance does
not agree to an inspection, as required by Section 3.30, subd. 3(b) of this Chapter, the'
certificate is immediately void. Such inspections trigger the administrative sanctions
found in Section 3.30, subd. 3 of this Chapter.
Subdivision 5. Temporary. Certificate of Sewer Service Regulations
Compliance. Upon inspection, a temporary certificate of sewer regulations compliance
may be issued by the City permitting the transfer of property, providing;
A. An agreement by the buyer, seller or other responsible person has
been executed with the City, whereby the buyer, seller or other responsible person.
agrees to complete corrections to the .property necessary to bring it within compliance of
the City sanitary sewer service regulations, Section 3.30 of this Chapter within thirty (30)
days of the transfer of property.
B. A security to ensure completion of any corrections to the property must
be posted with the lender in the form of an escrow, or with the City when a lending
institution is not involved with the transaction... The security shall be in an amount at
least equal to twice the retail value of the work necessary for.compliance with this
article. The escrow must be fully maintained- until a certificate of sewer regulations
compliance is issued. In no case will a temporary certificate of sewer regulations j
compliance be issued for more than one.hundred eighty (180) days following the first
inspection of the `property:
Subdivision 6. Sanctions. At all times during the certification process; the
owner is responsible for any sanctions or surcharges. under Section. 3.30, subd. 4 of this
Chapter.
Subdivision 7. Repeated Inspection. Upon inspection, when the property use
is not legal in accordance with city sanitary sewer service' regulations, theowner shall
be entitled to a second inspection to be. scheduled within thirty (30) days of the original
vio. lation s of cityinspection. If, at this inspection the Citinspector determines that all
sanitary sewer regulations have been corrected, the City shall immediately issue a
certificate of sewer regulations compliance.
Sections 3.32 through 3.98, inclusive,' teserved for future expansion.)
G
Bloomington City Code Chapter 12 page 1
f` cosy or
LOOAA 114G TON
MINNESOTA
Page 1 of 5
II Preface 11. Charter 1111. Code I SEARCH 11 < Back I Forward > II
Part II. Code
Chapter 12.. PUBLIC PEACE AND SAFETY
Article I. GENERAL PROVISIONS
Added. by Town Ord. No. 168,1-8-52
Recodified by Ord. No. 98-53,11-16-98
Section 12.01. FINDINGS AND PURPOSE.
The purpose of this Chapter of the City Code is to prohibit certain conduct that is
harmful to the health, safety, and welfare of the community and to prevent and abate
nuisance conduct, events, characteristics or conditions.and their deleterious effects on City
neighborhoods by maximizing the means and methods by which public officers can
efficiently and effectively enforce the law and by imposing and collecting service call fees
from the owner or occupant, or both, of real property to which public officers are repeatedly
called to respond to nuisance violations as set forth in this Article of City Code. The City
Council finds that excessive noise, disruption and other public nuisance activities are
injurious to the public health, safety and welfare and interfere with the quiet enjoyment of life
and property and that excessive nuisance service calls unduly divert law enforcement
resources from general crime prevention and law enforcement. The excessive nuisance
service call fee is intended as a cost recovery mechanism for excessive law enforcement
services, over and above the cost of normal law enforcement services to the public,
attributable to unabated nuisance conduct, conditions or characteristics occurring,
maintained or permitted to exist on the private property. It is not intended to constitute
punishment separate from or in addition to any criminal prosecution for the conduct
underlying the nuisance or excessive nuisance service calls. Nothing herein is meant to
limit constitutional rights under the federal or state constitution.
Code, 1958 S 160.01; Village Ord. No.. 17; Recodified by Ord. No..98-53, 11-16-98; Ord.
No. 99-14,.7-6-99, Ord. No. 2006-13,447-2006)
Section 12.01.01. DEFINITIONS.
When used in this Chapter, the following words, terms, and phrases shall have the
following meanings, unless the context clearly indicates otherwise:
a) Abatement notice - notice served upon property owner and/or interested party by the
City Manager or the Manager's designee of law enforcement responses to two (2) or
more nuisance service calls within a 365 -day period on property in which they have
an interest pursuant to Section 12.15(c) of this City Code.
b) Alcoholic beverage - any beverage containing more than one-half of one (1) percent
alcohol by volume.
c) Clandestine lab site _ any structure of conveyance or outdoor location occupied or
affected by conditions or chemicals typically associated with the manufacture of
methamphetamine or any other unlawful manufacture of a controlled substance.
http://www.ci.bloomington.mn.us/code/Cod'el2—l.html 12/11/2007'
Bloomington City Code Chapter 12 page 1 Page 2 of 5
d) Disorderly house - any residential property which due to the following nuisance
conduct, events, characteristics or conditions is likely to disturb, injure or endanger
the peace, comforts, health, welfare, safety or character of the neighborhood or
community:
1) The unlawful sale, furnishing, use, or possession of intoxicating liquor or non -
intoxicating malt liquor in violation of Minnesota law or Chapter 13 of this Code;
2) The possession or use of gambling devices or the conduct of any gambling in
violation of Minnesota law;
3) Prostitution in violation of Minnesota law or acts relating to prostitution, or the
conduct of unlicensed escort services, sexually -oriented business or massage
or massage services, in violation of Minnesota law or Chapters 14 and 19 of
this Code;
4) The unlawful sale, use, or possession of controlled substances as defined in
Minnesota Statutes, Section 152.02; or
5) Three (3) or more verified incidents or unlawful gatherings, as set forth in.
subsection (n) of this Section within a 365 -day period.
e) False report to public officer - a report to any public officer that a violation of City
Code or state law has been committed, knowing that the conduct or conditions
reported do not constitute a crime or that the report is false and intending that the
public officer act in reliance upon the report.
f) Incident - single behavioral incident as defined by Minnesota Statutes Section
609.035, as may be amended from time to time. In the case of property conditions or
characteristics constituting a nuisance, a single behavioral incident constitutes those
Violations, the existence of which is the result of a single illegal objective or coincident
errors of judgment.
g) Interested party - any known lessee or tenant of the residential property or affected
portion of the residential property; any known agent of an owner, lessee, or tenant;
any known mortgage holder or holder of any secured interest in the residential
property; any known person holding an unrecorded contract for deed, being a
mortgagee or vendee in physical possession -of the residential property, insurer of the
property; or, any other person who maintains or permits a nuisance on the residential
property and is known to the City.
h) Nuisance incident notice - notice served upon property owner and/or interested
party by the City Manager or the Manager's designee of a law enforcement response
to a nuisance service call to property. in which they have an interest pursuant to
Section 12.15 (a) of this City Code.
i) Nuisance service call - public officer response to a verified incident of any activity,
conduct or condition occurring on private property that is likely to unreasonably
interfere with the quiet enjoyment of neighboring properties. orthe safety, health,
morals, welfare, comfort, or repose of the residents therein, including without
limitation:
1) Unlawful gathering, as defined in subsection (o) of this Section.
2) Disorderly conduct, as defined by Minnesota Statutes Section 609.72, as may
be amended from time to time.
3) Assault, as defined by Minnesota Statutes Sections 609.221, 609.222, 609.223,
609.2231, and 609.224, as may be amended from time to time, excluding
domestic assaults.
4) Public nuisance, as defined by Section 12.03 of this City Code or Minnesota
Statutes Sections 609.74 - .745, as maybe amended from time to time.
5) Noise in violation of Section 10.30 of this City Code.
hq://www.ci.bloomington.nin.us/code/Codel2—l.html 12/11/2007
Bloomington City Code Chapter. 12 page 1 Page 3 of 5
6) Unlawful consumption of alcoholic beverages in violation of Section 12.69 of
this City Code.
7) The unlawful furnishing, sale, use, or possession of intoxicating liquor or non -
intoxicating malt liquor in violation of Minnesota law or Chapter 13 of this City
Code.
8) The possession or use of gambling devices or the conduct of any gambling in
violation of Minnesota law.
9) Prostitution in violation of Minnesota law or acts relating to prostitution, or the
conduct of unlicensed escort services, sexually oriented business or massage
or massage services, in violation of Minnesota law or Chapters 14 and 19 of
this City Code.
10) The unlawful sale, use, or possession of controlled substances as defined in
Minnesota Statutes Section 152.02, as may be amended from time to time.
11) Indecent exposure in violation of Minnesota Statutes Section 617.23, as may be
amended from time to time.
12) Unlawful use or possession of a firearm in violation of Minnesota law or Section
12.27 of this City Code:
13) Failure to comply with dangerous dog requirements in violation of Section 14.96
of. this City Code or Minnesota Statutes Chapter 347.
14) Failure to comply with animal noise regulations in violation of Section 14.121 of
this City Code.
15) Failure to restrain a domestic animal in violation of Section 14.121.06 of this
City Code.
16) Cruelty to animals in violation of Section 14.116 of this City Code.
17) Excess number of domestic animals in violation of Section 14.117 of this City
Code.
18) Illegal possession of a wild animal in violation of Section 14.126 of this City
Code.
19) Unlicensed dog in violation of Section 14.88 of this City Code.
20) Illegal open burning, in violation of Section 6.32 of this City Code.
21) Illegal refuse, in violation of Section 10.05 of this City Code.
22) Illegal litter, in violation of Section 10.25 of this City Code.
23) Abandoned or junk vehicles, in violation of Sections 8.46 - 8.48 of this City
Code.
24) Illegal exterior storage in violation of Section 19.50 of this City Code.
25) Illegal parking or storage of recreational vehicles in violation of Section 19.50.03
of this City Code.
26) Illegal parking or storage of vehicles in violation of Section 19.45 of this City
Code.
27) False report to public officer in violation of Section 12.14 of this City Code.
28) Rental of a dwelling unit without a license or in violation of the conditions of
licensure in violation of Sections 14.510 or 14.515 of this City Code.
29) Illegal home occupation in violation of Sections 19.27 -.28 or 19.63.09(a)(2) of
this City Code.
j) Private property - any real property the legal ownership of which, as officially
recorded by Hennepin County, is held by one or more natural persons, a partnership,
including a limited partnership, a corporation, including a foreign, domestic or non-
profit corporation, a trust, or any other organization, but not including the State of
Minnesota or any of its political subdivisions, the federal government or any other
hq://www.ci.bloomington.nm.us/code/Codel2—l.html 12/11/2007
Bloomington City Code Chapter 12 page 1 Page 4 of 5
governmental agency or entity. The existence of any public easement, right-of-way or other
limited right of access on the property not, for the purpose of this Article of the City
Code, be deemed to transform private property to public property.
k) Property - means a parcel or contiguous parcels of real property, including buildings
and other structures thereon owned by the same legal entity and under common
management. In the case of multi -unit residential or commercial property, the term
shall apply to the entire complex.
1) Public officer- a police officer, fire marshal or inspector, animal control officer,
building inspector, or environmental health inspector, each of whom, for the purposes
of this Article, shall be considered law enforcement officers.
m) Public place - an area generally visible to public view, including streets, sidewalks,
bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving
or not) and buildings open to the general public, including those buildings in which
food or drink is served or entertainment or lodging is provided.
n) Residential property - any real property containing a structure suitable for affording
shelter for human beings, including any appurtenant or connected structure, including
trailers, mobile homes, multiple family dwellings, buildings containing multiple dwelling
units, and any property situated within a residential zoning district as defined by this
City Code.
o) Unlawful gathering - any party or gathering where there is any of the following
conduct or behavior:
1) The unlawful sale, furnishing, use, or possession of intoxicating liquor or 3.2 .
percent malt liquor in violation of Minnesota law and Chapter 13 of this Code;
2) The unlawful sale, use, or possession, of controlled substances as defined in
Minnesota Statutes, Section 152.02, as may be amended from time to time;
3) The unlawful sale, use, or possession of tobacco -related products in violation of
Minnesota law or Sections 12.81 - .82 of this City Code;
4) Any conduct, activity or condition constituting a violation of Minnesota laws or
this City Code prohibiting or regulating prostitution, gambling, firearms,
disorderly conduct, public nuisance,.or permitting a public nuisance;
5) Any conduct or activities likely to .disturb non -participating persons by:
A) Noise of sufficient volume, or of such nature by virtue of its type,
persistence, time of day or location, to disturb; the peace, quiet, or
repose of non -participating persons nearby in the manner and according
to the standards set forth in Section 10.30 of this City Code;
B) Assaultive behavior;
C) Unlawful consumption of alcoholic beverages in violation of Section
12.69 of this City Code;
D) Urinating in public;
E) Public indecency as defined in Sections 12.14 - 12.15 of this Code.or
indecent exposure, in violation of Minnesota Statutes Section 617.23, as
may be amended from time to time.
F) Excessive pedestrian or vehicular traffic and parking problems or
congestion.
p) Verified incident - an incident where there is a law enforcement response and a
public officer, having completed a timely investigation, is able to find evidence of
nuisance conduct, conditions or characteristics as set forth in Section 12.01.01(i) of
this City Code. It shall not be necessary that criminal charges be brought or
convictions obtained relative to the incident. Multiple offenses verified during a single
response shall count as one response for the purpose of imposing an excessive
hq://www.ei.bloomington.nm.us/code/Codel2—l.html 12/11/2007.
Bloomington City Code Chapter 12 page 1 Page 5 of 5
nuisance call service fee. Verified incidents shall be attributable separately to the source of
the nuisance conduct, condition or activity, as follows:
1) The same tenant or lessee or persons acting in conjunction with or under the
control the same tenant or lessee;
2) The same rental unit while occupied by the same tenant or lessee or within two
or more rental units by the same tenant or lessee;
3) The property owner or persons acting in conjunction with or under the control of
the property owner who either actively participated in the creation of the
nuisance conduct, condition or characteristic or who knew or should have
known of the ongoing nuisance conduct, condition or characteristic and failed
to take reasonable steps to abate it.
q) Verified incident follow-up - where there has been a prior verified incident of
property conditions or characteristics constituting a nuisance, each subsequent
response to those same conditions or characteristics initiated by the City as follow-up
during a course of remediation, shall not constitute an additional verified incident
unless additional nuisance conditions or characteristics constituting additional
incidents are found to exist.
Recodified by Ord. No. 98-53, 11-16-98; Ord. No. 99-14, 7-6-99 Ord. No. 2006-13, 4-17-
2006)
Article II. PROHIBITED CONDUCT
Division A. Public Nuisances
Added by Town Ord. No. 168,1-8-52
Recodified by Ord. No. 98-53,11-16-98
Section 12.02. PUBLIC NUISANCE PROHIBITED.
Any person who shall knowingly commit, cause or create a public nuisance condition
as defined in this Chapter or permits a public nuisance condition to be created or placed
upon or to remain upon any private property owned, under the control of, or occupied by that
person, or any publicly -owned property, including tax -forfeited property under public control,
shall be guilty of a misdemeanor. In addition, the City may enforce this Division by injunctive
action or other appropriate civil remedy.
Code, 1958 S 160.02; Village Ord. No. 17, Recodified by Ord. No. 98-53,.11-16-98; Ord.
No. 2006-13, 4-17-2006)
II Preface 11. Charter 111. Code I SEARCH 11 < Back I Forward > II
http://www.ci.bloomington.nm.us/code/Codel2—l.html 12/11/2007
Bloomington City Code Chapter 12 page 3
Section 12.14. DISORDERLY HOUSE AND FALSE REPORT
TO PUBLIC OFFICER PROHIBITED.
It shall constitute a misdemeanor under Minnesota law to do the following:
1) To keep, permit or be present in a disorderly house; as defined in Section 12.01.01(d)
of this City Code;
2) Be an owner or person in control of any residential property and to permit the building
to be used as a disorderly house; or
3) To provide a false report to any public officer.
hq://www.ci.bloomington.mn.us/code/Codel,2-3.html
Page 1 of 1
12/11/2007
Bloomington City Code Chapter 12 page 3
Section 12.15. EXCESSIVE NUISANCE SERVICE CALL.
a) Nuisance Incident Notice. Where the City Manager or the Manager's designee
determines that a specific premises or building is being operated in violation of
Section 12.14 of this Code, public officers have been dispatched to private property
on a nuisance service call, the City Manager or the Manager's designee may issue a
written nuisance incident notice to the owner of the property, and may provide a copy
thereof to .any other interested parties. The nuisance incident notice may be served
upon the owner of said premises by certified mail, return receipt requested, or by
regular mail, supported by an affidavit of service by mailing, to the address
determined by the most recent property tax records maintained by Hennepin County
for said premises. The service of a nuisance incident notice, as provided herein, shall
be prima facie evidence that an owner or interested party served person in control of
a building has knowledge of and has permitted subsequent conduct or behavior at
said premises.
b) Contents of the Notice. The nuisance incident notice shall:
1) Identify the type and specific location of nuisance service call(s), including
tenant or lessee names where applicable;
2) Summarize the evidence of the nuisance occurring on the property;
3) Provide the dates on which the nuisance calls for service were made and the
dates of any prior responses by public officers to nuisance incidents on the
property; and
4) Warn the owner, occupant and persons in control of the property that future
nuisance service calls may subject them jointly and severally to an excessive
nuisance service call fee in the amount of $250.00 or more, up to $2,000.00,
based upon the actual cost of the law enforcement response.
c) Abatement Notice. Where the City Manager or Manager's designee determines that
public officers have been dispatched to two (2) or more nuisance service calls, as.
defined in Section 12.01.01(i) and counted pursuant to Section 12.01.01(p -q) of this
Code, to the same property within a 365 -day period, he or she shall cause a written
abatement notice to issue to the owner of the property, and may provide a copy
thereof to any interested parties. The abatement notice may be served upon the
owner of said premises by certified mail, return receipt requested, or by regular mail,
supported by an affidavit of service by mailing, to the address determined by the most
recent property tax records maintained by Hennepin County for said premises. The
service of an abatement notice, as provided herein, shall be prima facie evidence that
an owner or interested party served has knowledge of and has permitted subsequent
conduct or behavior at said premises.
d) Contents of the Abatement Notice. The Abatement Notice shall:
1) Identify the type and specific location of nuisance service calls, including tenant
or lessee names, where applicable;
2) Summarize the evidence of the nuisance occurring on the property;
3) Provide the dates on which the nuisance service calls were made and the dates
of any prior responses by public officers to nuisance incidents on the property;
and
4) Warn the owner and interested parties that future nuisance service calls will
subject them jointly and severally to an excessive nuisance service call fee in
the amount of $250.00 or more, based upon the actual cost of the law
enforcement response, up to $2,000.00, for each separate call. The costs of
providing the excess law enforcement services shall include without limitation
the gross salaries, including all fringes, benefits and overhead paid to the
Page 1 of 2
http://www.ei.bloomington.mn.us/code/Codel2_3.html 12/11/2007
Bloomington City Code Chapter 12 page 3
public officers responding, the pro rata cost of all equipment, including vehicles and
K-9 officers, and the cost of repairs to any City equipment or property damaged
in responding to the nuisance service call. The civil penalty will issue in the
manner set forth in Article II of Chapter 1 of this City Code and if left unpaid will
be charged against the property and collected in the manner of a tax;
5) Advise the owner and interested parties that subsequent conduct in violation of
this Section of City Code may also subject them jointly and severally to criminal
charges punishable by up to a $1,000.00 fine and 90 days in jail for each .
separate violation.
e) Imposition of Excessive Nuisance Service Call Fee. Property owners, tenants and
other persons having control over a property shall be jointly and severally responsible
for nuisance incidents occurring thereon and individually responsible for payment of
any Nuisance Service Call Fee issued to that party hereunder. Where an abatement
notice was properly served upon the owner and/or tenant of the property as set forth
in subsection (c) hereof each successive nuisance service call within the same 365 -
day period shall result in an administrative citation to that party in the manner set forth
in Article II of Chapter 1 of this City Code in the amount of $250.00 or more based
upon the actual cost of the law enforcement response, up to $2,000.00 for each
separate call. The costs of providing the excess law enforcement services shall
include without limitation the gross salaries, including all fringes, benefits and
overhead paid to the public officers responding, the pro rata cost of all equipment,
including vehicles and K-9 officers, and the cost of repairs to any City equipment or
property damaged in responding to the nuisance service call.
f) Affirmative Defenses. In the case of rental property, it shall constitute an affirmative
defense to the issuance of an Excessive Nuisance Service Call fee by administrative
citation that the property owner has commenced eviction proceedings against the
tenant or tenants responsible for the nuisance conduct, conditions or characteristics.
In the case of large public accommodations, it shall constitute an affirmative defense
to the issuance of an Excessive Nuisance Service Call fee by administrative citation
that the property owner or the owner's property manager has entered into and
complied with a memo of understanding with regard to security with the Bloomington
Police Department.
g) Appeal. Any party issued an Excessive Nuisance Service Call fee by administrative
citation may appeal the citation by filing a written request for a hearing with the City
Attorney's Office within ten (10) calendar days of the issuance of the citation. A
hearing shall be held within forty-five (45) calendar days thereof following the
procedures set forth in Section 1.17 of this City Code.
Code, 1958 S 183.01; Recodified by Ord. No. 98-53, 11-16-98; Amended by Ord. No. 2006-
13, 4-17-2006)
Page 2 oft
http://www.ei.bloomington.nin.us/code/Codel2_3.html 12/11%2007