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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: VA ra .. �sas!ei�rrs:� pqr �sas!ei�rrs:� pqr .� a Illy -I -err �r�. .� a a .1 11110 NOW mil' ISO • • • Subd. 8. Gafba-,e. As defined and r-egula4ed in Chapter- V! of the City Cede. MUM EL= Subd. 8. Gafba-,e. As defined and r-egula4ed in Chapter- V! of the City Cede. c Subd. 12. Ki4eh!gjj. A spaee intended for food prepaFation "ieh contains a sink wi eetinter- wer4dag spaee, spaee for- installing eeeking and refrigeration equipment, and spaee for the storage of Beek nn „tonsils. a =0�07-,T; �W^ M • _WT er • • _ - - j _WT er �:.ra� :- i•s:.asn0�.�:�.e:.�:.. aQ�iaieax�ai..:�e:i�:i.. w..w . i�'vi.e.:i�a ya':ei...�. FA TM : r"7.7 7 * n FROM .11 Wili mill FA TM : r"7.7 7 * n .M.- : .M.- s lie — s s_ — s s. M Lo s s (b) In rie event shall the total fitimber- of oeetipants exeeed twe times the mumber- e habitable "..,..,. s loss L;t..he, in the dwelling ,."-,:t .� ■ r ■ • r or p �mr-rftmzq - - MON. - - a 1 ! AIIINMIMIIXIN f11MRiN. ����wiwwMwUMI .......... WIM • Y. i r AIIINMIMIIXIN f11MRiN. ����wiwwMwUMI .......... . ...... -Ili11111iVST�1 1'" ow x r�� !IFMMNw�K!..IAYIl�M.� H • Y. i r AIIINMIMIIXIN f11MRiN. ����wiwwMwUMI . ..... . ...... -Ili11111iVST�1 YNIMNMFkXYIIi x r�� !IFMMNw�K!..IAYIl�M.� H • Y. i r 1111111611,11111L zjUL�ZLIQAMAMLmA • ! ! • Y. i r .. .- NO ON mumn NPRIFIRFUTMEM .:7= • Pro. WIN - .i.zaWIM c'• »za ���ice. .i..�.: �:� .. .- NO ON mumn NPRIFIRFUTMEM .• _• • •s •. • neaces�. MIT maw (b) Sent by registered mail to 4,i"or last Lr,.,. =.++ address; s NO 12 mumn - .i.zaWIM c'• »za ���ice. .i..�.: �:� 12 ia I• 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. 14 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. 14 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 15 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. 16 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 17 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 18 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. 19 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. we (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. 21 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. 22 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 23 A I XjA CtAgW� - ud A. J Cd son, M yor