HomeMy WebLinkAboutCity Council Ordinance 2004-24CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2004-24
AN ORDINANCE AMENDING CHAPTER IV
OF THE PLYMOUTH CITY CODE
CONCERNING PROPERTY MAINTENANCE
AND RENTAL LICENSING
THE CITY OF PLYMOUTH, MINNESOTA ORDAINS:
SECTION 1. Section 405 of the Plymouth City Code is amended in its entirety to provide:
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Section 405 - Property Maintenance
405.01. Maintenance Code. The International Property Maintenance Code, 2000 Edition, is
hereby adopted by reference and incorporated herein, subject to the amendments set forth in this
Chapter..
405.02. Deletions. The following sections of the International Property Maintenance Code
are deleted: 103.2; 103.3; 1.08.4- 108.5; 110.4; 111.4.1 throuwh 111.8; 302.8; 302.9; 305.3.1;
305.3.2; 404.5.1 through 404.6; 502.3; 502.4, 502.4.1; 503.3; 602.4; 603.2 (exception).
405.03. Amendments. The following sections of the International Property Maintenance
Code are amended to read as follows:
101.1 Title. For the purposes of this article, these regulations shall be known as the
Prosy Maintenance Code of the City of Plymouth, hereinafter referred to as "this code ".
102.2 Maintenance. Equipment, systems, devices, and safeguards required by this code
or a previous regulation or code under which the structure or premises was constructed, altered
or repaired shall be maintained in good working order. Equipment, systems, devices, and
safeguards shall not be shut off except as required to facilitate repairs. No owner, operator or
occupant shall cause any service, facility, equipment or utility which is required sunder this article
to be removed from or shut off from or discontinued for any occupied structure or dwelling,
except for such temporary interruption as may be necessary while repairs or alterations are in
progress. The requirements of this code are not intended to provide the basis for removal or
abrogation of fire protection and safety systems and devices in existing structures.:Excgpt as
otherwise specified herein, the owner or oAmer's designated agent shall be responsible for the
maintenance of buildings, structures and premises.
102.3 Application of Other Codes. Repairs, additions, or alterations to a structure or
changes of occupancy shall be done in accordance with the procedures and provisions of the
Mimlesota State Building Code, the Plymouth City Code or the Plymouth Zoning Ordinance.
1.02.7 Referenced Codes and Standards. All references to other codes or standards
within this code shall mean the applicable provisions of the Plymouth City Code, the Plymouth.
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Section 405 - Property Maintenance
405.01. Maintenance Code. The International Property Maintenance Code, 2000 Edition, is
hereby adopted by reference and incorporated herein, subject to the amendments set forth in this
Chapter..
405.02. Deletions. The following sections of the International Property Maintenance Code
are deleted: 103.2; 103.3; 1.08.4- 108.5; 110.4; 111.4.1 throuwh 111.8; 302.8; 302.9; 305.3.1;
305.3.2; 404.5.1 through 404.6; 502.3; 502.4, 502.4.1; 503.3; 602.4; 603.2 (exception).
405.03. Amendments. The following sections of the International Property Maintenance
Code are amended to read as follows:
101.1 Title. For the purposes of this article, these regulations shall be known as the
Prosy Maintenance Code of the City of Plymouth, hereinafter referred to as "this code ".
102.2 Maintenance. Equipment, systems, devices, and safeguards required by this code
or a previous regulation or code under which the structure or premises was constructed, altered
or repaired shall be maintained in good working order. Equipment, systems, devices, and
safeguards shall not be shut off except as required to facilitate repairs. No owner, operator or
occupant shall cause any service, facility, equipment or utility which is required sunder this article
to be removed from or shut off from or discontinued for any occupied structure or dwelling,
except for such temporary interruption as may be necessary while repairs or alterations are in
progress. The requirements of this code are not intended to provide the basis for removal or
abrogation of fire protection and safety systems and devices in existing structures.:Excgpt as
otherwise specified herein, the owner or oAmer's designated agent shall be responsible for the
maintenance of buildings, structures and premises.
102.3 Application of Other Codes. Repairs, additions, or alterations to a structure or
changes of occupancy shall be done in accordance with the procedures and provisions of the
Mimlesota State Building Code, the Plymouth City Code or the Plymouth Zoning Ordinance.
1.02.7 Referenced Codes and Standards. All references to other codes or standards
within this code shall mean the applicable provisions of the Plymouth City Code, the Plymouth.
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Zoning Ordinance, or the Minnesota State Building Code, whichever is the most restrictive
requirement permitted wider statute.
103.1 Enforcement. The Building Inspection Division of the City is responsible for
administering the provisions of this code, and the Building_ Official in charge shall be known as
the code official.
103.6 Fees. The fees for activities and services performed by the department carrying
out its responsibilities under this code, shall be set forth in Chapter X.
106.3 Prosecution of Violation. Subject to applicable court rules, the charging authority
may, in the exercise of his or her discretion, charge any person failing to comply _with a notice of
violation or order served in accordance with Section 107 with an ordinance violation and the
violation shall be deemed a strict liability offense. If the notice of violation is not complied with,
the code official may institute the appropriate proceeding at law or in equity to restrain, correct
or abate such violation or to require the removal or the termination of the unlawful occupancy o
the structure in violation of the provisions of the code or of the order or direction made pursuant
thereto.
108.1 General. When a structure or equipment is found by the code official to be found
unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such
structure may be condemned pursuant to the provisions of this code.
108.1.3 Structure Unfit for Human Occupancy. Any structure, dwelling, dwelling unit or
roomina unit or portion thereof which is damaged. decaved. dilapidated. unsanitarv. unsafe
vermin or rodent infested or which lacks provisions for basic illumination, ventilation or sanitary
facilities to the extent that the defects create a hazard to the health, safety, or welfare of the
occupants or of the public may be declared unfit for human occupancy. Whenever any structure,
dwelling, dwelling unit or rooming unit has been declared unfit for human occupancy, the code
official shall order same vacated within a reasonable time and shall post a placard on same
indicating that it is unfit for hurnan occupancy, and any operating license previously issued for
such dwelling shall be revoked pursuant to law.
108.1.4 Prohibited Occupancy. It shall be unlawful for any structure, dwelling, dwelling
unit or rooming unit or portion thereof to be used for human occupancy until the defective
conditions have been corrected and written approval has been issued by the code official. It shall
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be unlawful for any person to deface or remove the declaration placard from any such structure
dwelling, dwelling unit or rooming unit.
108.2 Hazardous and Substandard Buildings. Hazardous and substandard buildings shall
be abated in accordance with Minnesota State Statutes 463.15 et seq.
108.3 Securing Vacant Buildings. Vacant buildings may be secured in accordance with.
Minnesota State Statutes 463.251.
111.2 Board of Appeals Decision. The board shall consider all relevant evidence,
documents and verbal presentations submitted during; the hearing from the appeals applicant and
the code official. Within 15 days following the appeal hearing, the board shall notify
the
applicant and code official in writing of their decision.
111.3
Building or Fire Codes.
111.4 Stays of Enforcement. Appeal requests, except fax imminent danger or hazardous
building orders, shall stay the enforcement of the notice and order until the board has notified the
applicant and code official in writing of a decision on the appeal.
SECTION 201
GENERAL
201.4 Terms Defined in Other Codes. Where terms are not defined in this code and are
defined in the Plymouth City Code, the Plymouth Zoning Ordinance or the Minnesota State
Building Code, such terms shall have the meanings ascribed to them in those codes.
SECTION 202
GENERAL DEFINITIONS
1. Accessory Building, Structure, or Use. A subordinate building, structure, or use
which is located on the same lot on which the principal building or use is situated and which is
reasonably necessar , gppropriate and incidental to the conduct of the primary use of such
building, or main use.
2. Code Official. The official charged with the administration and enforcement of this
code, or any duly authorized representative. For the purpose of administration and enforcement
of this code, the Building Official shall be the code official.
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3. Condominium Dwelling Unit. A unit in a dwelling in which there are two or more
units where each unit is separately owned and each unit owner holds a proportional interest in
certain common areas. Wherever the term "dwelling unit" is used, it shall also include a
Condominium Dwelling Unit.
4. Dwelling_ A building or portion thereof, designated exclusively for residential.
occupancy but not including hotels motels nursing homes, boarding or rooming houses, tents,
seasonal cabins or motor homes or travel trailers.
5. Dwelling Unit. A residential building or portion thereof intended :for occupancy by
one (1) or more persons with facilities for living, cooking and eating, but not including
hotels motels nursing homes tents seasonal cabins, boarding or rooming houses motor homes,
or travel trailers.
6. Garbage. Animal and vegetable wastes and other wastes or putrescible matter
including but not limited to grease, wrappings, shells, grounds, bones, entrails, and similar
materials resultingfrom the handling, preparation., cooking, service and consumption of food,
and other animal wastes.
7. Habitable Room.. A room or enclosed floor space used or intended to be used for
living, sleeping, cooking, or eating purposes, excluding bathrooms,_ water closet compartments
laundries furnace rooms unfinished basements, (those without required ventilation, required
electrical outlets and required exit facilities), pantries, utility rooms of less than 50 square feet of
floor space foyers communicating corridors, stairways, closets, storage spaces, and workshops,
hobby and recreation areas in parts of the structure below ground level or in attics.
8. Permissible Occupancy. The maximum number of persons legally permitted to reside
in a dwelling unit or rooming unit.
9. Rodent Harborage. A place where rodents commonly live, nest, or establish their
habitat.
10. Rubbish. Waste products which are composed wholly or partly of such materials as
arbage, sweepings, swill, cleanings, trash, refuse, litter,_ industrial solid wastes or domestic solid
wastes, wastes or residue of animals, fruit, or other vegetable or animal matter from
kitchen, dining room, market, food establishment or anyplace dealing or handling meat, fowl,
fruit, grain or vegetables; offal, animal excrete, or the carcass of animals; tree or shrub trimmings
(greater than 1/4 inch in or grass brick, plaster, wood, metal, roofing
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materials, pipe or other waste matter resulting from the demolition, alteration or construction of
buildings or structures, accumulated waste materials, cans, used containers, boxes and packing
materials, junk vehicles, ashes, tires, junk, Christmas trees, rocks, sod, dirt, glass, jars, bottles,
auto parts, cement brick, leaves, burn barrels, household appliances, furniture, toys, floor
coverings, fabric, drain oil, solvents and fluids, or other such substances which may become a
nuisance.
SECTION 302
EXTERIOR PROPERTY AREAS
302.2.1. Yard. Cover. Every yard of a premises on which a dwelling, stands shall be
maintained to prevent dust and erosion.
302.3.1. Removal of Snow and Ice. The owner of any rental dwelling shall be
responsible for the removal of snow and ice from parking lots and/or driveways, steps and
walkways on the premises within 48 hours after cessation of the snowfall in accordance with
Section 820 of the City Code and supplemented by this provision.
302.3.2. Maintenance of Driving and Parking Areas. The owner of a multiple family
dwelling or dwellings shall be responsible for providing and maintaining in good condition,
paved and delineated parking areas and driveways for tenants.
302.3.3. Exterior Lighting. sting. The owner of a rental dwelling or dwellings shall be
responsible for providing and maintaining effective illumination in all exterior parking areas and
walkways.
302.4 Weeds. All premises and exterior property shall be maintained free from weeds or
lant -rowth in excess of 8 inches in accordance with Section 810 of the ON Code. All noxious
weeds shall be prohibited.
302.7.1 Gates. Gates which are required to be self - closing and self - latching in
accordance with the Minnesota State Building Code shall be maintained such that the gate will
positively close and latch when released from a still position of 6 inches N 52 mm.) from the sate
post.
SECTION 303
EXTERIOR STRUCTURE
303.5 Foundation Walls. All foundation walls shall be maintained plumb and free from
open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents
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and other pests. Every exterior wall shall be free of structural deterioration or any other
condition which might admit rain or dampness to the interior portion of the walls or to the
interior spaces of the structure or dwelling.
303.10.1 Guards. Every open portion of the stair, landing, balcony, porch, deck, ramp or
other walking surface which is more than 30 inches above the floor or grade below shall have
guards. Guards shall not be less than 36 inches high above the floor of the landing, balcony,
porch, deck, ramp or other walking surface.
Exception: The top of guard rails for stairways, exclusive of their landings, may have a
height as specified in the Minnesota State Building Code.
303.10.2 Handrails. Every exterior flight of stairs serving any building or op rtion
thereof having more than three risers shall have a handrail on at least one side of the stair.
Handrails shall comply with the requirements of the State Building Code.
303.13.2 Window Locks. Every window other than a fixed window, located in whole or
in Dart within 8 feet above ground level or a walking surface below providing access to a
dwelling unit or rooming unit shall be eauiDDed with window sash. lockine devices.
303.14 Insect Screens. Every door, window and other outside opening required for
ventilation of habitable rooms, food preparation areas, food service areas, or any areas where
products to be included or utilized in food for human consumption are processed, manufactured,
packaged or stored, shall be supplied with approved tight fitting screens of not less than 16 mesh
per inch. Every swinging door shall also have a self- closing device in good working condition.
303.15.1 Door Locks. No person shall rent or let to another for occu ancy any dwelling,
dwelling unit or rooming unit unless all exterior doors of the dwelling, dwelling unit, or rooming
unit are equipped with safe, ftmctionin_g locking devices. Multiple family dwellings shall have a
security system which maintains locked building entrances or foyer doors and locked doors
leading from hallways into individual dwelling units. Dead -latch type door locks shall be
provided with releasable lever knobs (or doorknobs) on the inside of building entrance doors and
with key cylinders on the outside of building entrance doors. Building entrance door latches
shall be of a type that are permanently locked. Every door that provides ingress or egress for a
dwelling unit within a multiple family dwelling shall be equipped with a lock that has a
deadlocking bolt that cannot be retracted by end pressure, provided, however, that such door
shall be operable from the inside without the use of a key or r any special knowledge or effort.
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All multiple family dwellings in existence at the time this chapter is adopted; which were not
previously required to have such a security system, shall not be subject to the requirements of
this Section.
SECTION 304
INTERIOR STRUCTURE
304.4.1 Handrails. Every interior flight of stairs serving any building or portion thereof
having more than three risers shall have a handrail on at least one side of the stair. Handrails
shall comply with the requirements of the State Building Code.
304.5.1 Guards. Every open portion of the stair, landing, balcony, porch, deck, ramp or
other walking surface which is more than 30 inches above the floor or grade below shall have
guards. Guards sliall not be less than 36 inches high above the floor of the landing, balcony,
porch, deck, ramp or other walking_ surface.
Exception: The top of guard rails for stairways, exclusive of their landings, may have a
height as specified in the Minnesota State Building Code.
SECTION 305
RUBBISH AND GARBAGE
305.2 Disposal of Rubbish. Every occupant of a structure shall dispose of all rubbish in
a clean and sanitary manner by placing such rubbish in approved containers as prescribed by
Chapter VI of the Plymouth Cites
S EC'TION 401
GENERAL
401.3 Altemative Devices. In lieu of the means far natural light and ventilation herein
prescribed, artificial light or mechanical ventilation complying with the provisions of the
Minnesota State Building Code shall be permitted.
SECTION 404
OCCUPANCY LIMITATIONS
404.5 Permissible Occupancy of Dwelling Unit. nit. The maximum permissible occupancy
of any rental dwelling unit shall be determined as follows:
(a) For the first occupant, 150 square feet of habitable room floor space and for every
additional occupant thereof, at least 100 square feet of habitable room floor space.
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(b) In no event shall the total munber of occupants exceed two times the number of
habitable rooms, less kitchen, in the dwelling unit.
(c) Not more than one familN except for temporary_ guests, shall occupy a dwelling
unit.
An Owner or Operator may adopt standards that reduce the maximum allowed occupancy
of a dwelling unit from the standards set forth herein..
SECTION 503
TOILET ROOMS
503.3 Floor Surface. Every toilet room floor surface and bathroom floor surface shall be
constructed and maintained to be impervious to water and. to permit such floor to be easily kep
in a clean and sanitary condition.
SECTION 505
WATER SYSTEM
505.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet
or other plumbing fixture shall be properly connected to either a public water system or to an
4pprovedprivate water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and
showers shall be supplied with hot or tempered or cold running water in accordance with the
provisions set forth in the Minnesota State Plumbing Code.
SECTION 602
HEATING FACILITIES
602.2 Residential Occupancies. Dwellings shall be provided with heating facilities
capable of maintaining a room temperature of 68 degrees F in all habitable rooms, bathrooms
and toilet rooms based on the winter outdoor desi .1g temperature required for the locality by the
Minnesota State Building Code.
602.3 Heat Supply. Every owner and operator of any building who rents, leases, or lets
one or more dwelling unit, rooming unit, dormitory or guest room on terms, either expressed or
implied to furnish heat to the occupants thereof shall supply heat during the period from
Sentember 15 to Mav 15 to maintain a temperature of not less than 68 degrees F in all habitable
rooms, bathrooms and toilet rooms.
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Exception: When the outdoor temperature is below the winter outdoor design
temperature for the locality, maintenance of the minimiun room temperature shall not be
required, provided that the heating system is operating at its full design capacity.
SECTION 603
MECHANICAL EQUIPMENT
603. 1.1 Appliance Testing. Central heating appliances shall be tested by a mechanical
contractor to verify that the appliance is in a safe working condition when evidence of
malfunction, corrosion, deterioration or excessive interior carbon monoxide is sus ep cted.
SECTION 604
ELECTRICAL FACILITIES
604.2 Service. The size and usage of appliances and equipment shall serve as a basis for
determining the need for additional facilities in accordance with the Minnesota State Electrical
Code.
CHAPTER 7
FIRE SAFETY REQUIREMENTS
702.2 Aisles. The required width of aisles in accordance with the Minnesota State Fire
Code shall be unobstructed.
702.3 Locked doors. All means of eaess doors shall be readily openable from the side
from which egress is to be made without the need for keys, special knowledge or effort, except
where the door hardware conforms to that pennitted by the Minnesota State Building Code.
702.4 Emergency Escape Openings. Required emergency in. escape and rescue
openings shall be operational. from the inside of the room without the use of keys or tools. Bars,
grills, gates, or similar devices are permitted to be placed over emergency escape and rescue
openings provided the minimum net clear openingL size complies with the Minnesota State
Building Code and such devices shall be releasable or removable from the inside without the use
of a key, or force greater than that which is required for normal operation of the escape and
rescue opening. Where such bars, grills, grates, or similar devices are installed in existing
buildings, smoke detectors shall be installed in accordance with Section 704.
704.1 Smoke Detectors. Existing Group R occupancies not already provided with
single, station smoke alarms shall be provided vsrith approved single- station smoke alarms.
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Smoke detectors shall be installed on each floor of residential buildings in accordance with the
Minnesota State Fire Code.
704.4 Maintenance. Smoke alarms shall be maintained in an operative condition at all
times, and shall be replaced or repaired where defective.
CHAPTER 8
REFERENCED STANDARD
800 GENERAL REFERENCES
Whenever this code refers to the International Codes such references shall be deemed to
be the comparable, applicable code as adopted by the State of Minnesota. Whenever this code
shall refer to the International Zoning Code, such references shall be deemed to be the City of
Plymouth Zoning Ordinance.
SECTION 2. Section 410 of the Plymouth City Code is amended by adding Section 410.27
to provide:
Tenant Register. The licensee must, as a continuing obligation of its license, maintain a
current register of tenants and other persons who have a lawful right to occupancy of
apartments within the apartment house or rental home. In its application, the licensee must
designate the person or persons who will have possession of the register; and must promptly
notify the Chief of Police, or his/her designee of any change of the identity, address or
telephone numbers of such persons. The register must be available for the inspection by
Chief of Police, or his/her designee at all times.
SECTION 3. This ordinance shall be effective immediately upon its passage.
ADOPTED by the City Council of the City of Plymouth, Minnesota this 26th day of
October, 2004.
AT ST:
andra R. Paulson, City Clerk
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