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HomeMy WebLinkAbout2.a. Review: Property Maintenance Ordinance and Suggested AmendmentsCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION COMMITTEE OF THE WHOLE AUGUST 19th, 2003 AGENDA: REVIEW: PROPERTY MAINTENANCE ORDINANCES AND SUGGESTED AMENDMENTS AGENDA SECTION: DISCUSSION PREPARED BY: CHARLIE O'BRIEN AGENDA NO: CODE ENFORCEMENT OFFICIAL 42 ATTACHMENTS: PROPERTY MAINTENANCE ORDINANCE, APPROVED BY: INTERNATIONAL PROPERTY MAINTENANCE ORDINANCE 2003, PROPOSED LAWN MAINTENANCE AND INSTALLATION ORDINANCE, POLICY AND FEE PROPOSAL MEMO, OTHER COMMUNITY ORDINANCES Council has scheduled the current property maintenance ordinance for review and discussion at the August 2003 Committee of the Whole meeting. Staff have researched, reviewed and discussed several proposed changes to this section of city code. Adoption of the 2003 International Property Maintenance Code will provide clearer standards and regulations for the maintenance of existing housing stock within the city. Adoption of the proposed lawn maintenance and installation ordinance will provide additional regulation for lawn maintenance in residential areas and require installation of lawns in a timely manner. Lawn installation is not adequately addressed in city ordinances. Additionally, staff suggests consideration of a rental property- licensing program that requires annual inspection of rental property. This suggestion is based on the recurring code enforcement issues at rental properties within the city. Adoption of the proposed measures coupled with suggestions for change in the prosecutorial actions, when necessary, for property maintenance issues will make our property maintenance program more responsive to the public, have a positive impact on older housing stock within the city, and reduce the costs of property maintenance and code enforcement to city residents. I City of Rosemount Code Enforcement 2875 145" St. W Rosemount, MN, 55068 Memo To: Committee of the Whole From: Charlie O'Brien Date. Thursday, August 07, 2003 Subject: Proposed policy and fee changes for code enforcement/Property Maintenance Currently the code enforcement and property maintenance programs are referred to District Court in Hastings when it is necessary to issue a summons to obtain compliance with city ordinances. Last year a new Community Court was established at the North Service Center under Judge Leslie Metzen. This court was established because it is difficult to get the normal criminal courts to view code enforcement and property maintenance issues with any priority in courts that routinely deal with more serious criminal matters such as DUI, assault, etc. I have attended a session of the community court and discussed the feasibility of Rosemount referring our property maintenance issues to this court with City Prosecutor Moynihan and Judge Metzen. I believe that this would improve the efficiency of attaining compliance in these matters while reducing the `criminal court" onus that is perceived in these matters by citizens. Articles regarding this community court are attached for your review. Community court also routinely imposes court fees on violator's. Currently the city bears the costs for prosecution and violators are rarely fined. It is also becoming more common for cities to impose re- inspection fees on ongoing code enforcement or property maintenance violations. The rationale for this type of fee is as follows: If a complaint is received or a violation noted by an inspector, the resident is notified and given a reasonable time to comply with a follow -up inspection date included in the notice. If at the time of reinspection the violation is still present and the violator has not contacted inspection staff and arranged an extension based on reasonable conditions, a user fee is charged for each follow -up notification and re- inspection of the continuing violation. This places the financial responsibility for costs generated by recidivist violators on the violator rather than the community. These fees can be assessed or imposed through the community court:. The annual rental licensing inspection program and code enforcement re- inspection user fee would be set and reviewed annually by council in the normal fee schedule. 9 -4 -1 9 -4 -2 CHAPTER 4 BUILDING AND PROPERTY MAINTENANCE SECTION: 9 -4- 1: Title 9 -4- 2: Legislative Finding 9 -4- 3: Purpose 9 -4- 4: Discrimination And Privacy 9 -4- 5: Definitions 9 -4 6: Responsibility Of Owners And Occupants 9 -4- 7: Public Nuisance Defined 9 -4- 8: Violation Of Provisions 9 -4- 9: Enforcement 9 -4 -10: Abatement Procedure 9 -4 -1: TITLE: This Chapter shall be known and may be cited as the BUILDING AND PROPERTY MAINTENANCE ORDINANCE or "this Chapter" hereafter. (Ord. XVIII.10, 9 -2 -1997) 9 -4 -2: LEGISLATIVE FINDING: It is hereby found that there exists and may in the future exist in the City, structures used for human habitation which for reasons of their structure, equipment, sanitation,` maintenance, use or occupancy affect or are likely to affect adversely the public health (including the physical, mental and social well -being of persons and families), safety, and general welfare. To correct and prevent the existence of such adverse conditions, to achieve and maintain such levels of residential, commercial, and industrial environmental quality as will protect and promote public health, safety, and general welfare, it is found that the establishment and enforcement of minimum building and property standards are required. (Ord. XVIII.10, 9 -2 -1997) 398 City of Rosemount 9 -4 -3 9 -4 -5 9 -4 -3: PURPOSE: The purpose of this Chapter is to protect, preserve and promote the public health, safety, and the general welfare of the people of the City, to prevent building conditions that adversely affect or are - likely to adversely affect the life, safety, general welfare, and health, including the physical, mental and social well -being of persons occupying dwellings within the City, to promote and encourage property lawn maintenance, and set standards for an adequate level of maintenance to preserve the value of land and buildings throughout the City; and to provide for the administration and enforcement thereof. (Ord. XV111.10, 9 -2 -1997) 9 -4 -4: DISCRIMINATION AND PRIVACY: This Chapter is to be enforced in a nondiscriminatory manner and exclusively for the purpose of promoting public, as opposed to private, welfare. Except as may be specifically provided herein or incidental to the enforcement hereof, this Chapter is not intended to interfere with personal policy or with private legal rights and liabilities, including, without limitation, landlord /tenant and lessor /lessee relationships, and in enacting and enforcing this Chapter, the City neither expressly .nor by implication assumes any obligations or liabilities respecting such private rights or disputes, including those which - involve or arise out of the nonconformity of any premises in the City to the provisions of this Chapter. (Ord. XV111.10, 9 -2 -1997) r 9 -4 -5: DEFINITIONS: For the purpose of this Chapter, the terms defined in this Section have the meanings given to them: BUILDING: A structure erected for the support, shelter, or enclosure of persons, animals, chattel, or movable property of any kind. DWELLING: A building, or portion thereof, designed or used for residential or business occupancy, including one- family dwellings, two- family dwellings, and multi- family dwellings. Whenever the word "dwellings is used in this Chapter, it shall be construed as though it was followed by the words "or any part thereof ". DWELLING UNIT: One room or rooms connected together constituting a separate, independent house- keeping unit for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and 398 City of Rosemount 9 -4 -5 9 -4 -5 physically separated from any other rooms or dwelling units which may be in the same structure, and containing" independent cooking, toilet and sleeping facilities. Whenever the term "dwelling units" is used in this Chapter, it is to be construed as - though it was followed by the words "or any part thereof". ENFORCEMENT A person designated by the City Administrator OFFICER: to administer and enforce this Chapter, or his or her designee. GARBAGE: Putrescible animal and vegetable wastes, including those resulting from the handling, preparation, cooking, and consumption of food. HABITABLE: Fit to be lived in. NUISANCE: A. A public nuisance known as such under common law or in equity or recognized by Minnesota Statutes or the City Code. B. A public nuisance which may prove detrimental to children whether in a building, on the premises of a building, or upon an unoccupied lot. This includes, but is not limited to, any abandoned wells, shafts, basements, or excavations; abandoned refrigerators in a hazardous condition; unlicensed or inoperable motor vehicles; or any structurally unsound fences or structures; or any lumber, garbage, rubbish, fences, or debris which may become a hazard for inquisitive minors. C. Overcrowding a room with occupants. D. Insufficient ventilation or illumination — " E. Inadequate or unsanitary sewage or plumbing facilities. F.- Uncleanliness. 398 City of Rosemount 9 -4 -5 9 -4 -5 G. Any situation or activity which renders air, food, or drink unwholesome or detrimental to the health of human beings. H. Any condition which is offensive or has a blighting influence on the community. I. Any other activity or situation that is dangerous to human life or is detrimental to health. OCCUPANCY: A taking or possessing of something. OWNER: A person -who, alone, jointly, or severally with others, shall be in actual possession of, or have charge, care, or control of, any dwelling or dwelling unit within the City as owner, employee, or agent of the owner, or as trustee or guardian of the estate of person of the title holder. A person representing the actual owner must comply with the provisions of this Chapter to the same extent as the owner. PUBLIC AREA: Those areas which are normally open to the general public or the occupants of more than one dwelling unit of a multiple- family dwelling. REFUSE: Putrescible and nonputrescible solids including garbage and'rubbish. RESIDENCE: A place of habitation. RESPONSIBLE PARTY: A. Agent; B. Designee or collector of rents; C. Holder of a contract for deed; D. Receiver, executor, or trustee; E. Lessee; F. Other person, firm, or corporation exercising control over a party. 398 City of Rosemount 9 -4 -5 9 -4 -6 RODENT - A shelter where rodents are liable to live, nest, HARBORAGE: or seek shelter. RODENTS: An infestation of vermin such as rats, mice, skunks, snakes, bats, grackles, starlings, pigeons, bees, wasps, cockroaches, or flies. RUBBISH: Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, grass and shrubbery clippings, wood, glass, brick, plaster, bedding, crockery, cement, and similar materials. STRUCTURE: Anything erected, the use of which requires more or less permanent location on the ground; or attached to something having a permanent location on the ground. Whenever the word "structure" is used in this Chapter, it shall be construed as though it was followed by the words "or any part thereof ". YARD: All ground, lawn, court, walk, driveway, or other space constituting part of the same premises. (Ord. XVIII.10, 9 -2 -1997) 9 -4 -6: RESPONSIBILITY OF OWNERS AND OCCUPANTS: The owner of a dwelling is responsible for the maintenance of buildings and structures and for meeting the provisions of this Chapter, unless otherwise noted. A. Joint Responsibility Of Occupants And Owner: 1. An owner, agent or occupant of a dwelling may not allow the accumulation of dirt or filth on the premises occupied or controlled in a manner that could create a health hazard to the dwelling occupants or the general public. 2. An owner, agent or occupant of a dwelling may not allow the accumulation of rubbish or garbage on the premises occupied or 398 City of Rosemount 9 -4 -6, 9 -4 -7 controlled in a manner that could create a health hazard to the dwelling occupants or the general public'. 3. An owner, agent or occupant may not allow formation of rodent harborage in or about the premises occupied or controlled. 4. The occupant of a dwelling containing a single dwelling unit is .responsible for the extermination of rodents, insects or vermin on the premises. Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit is responsible for such extermination whenever the dwelling unit is the only one infested. However, whenever infestation is caused by the failure of the owner to maintain a dwelling in a reasonable rodentproof condition, extermination is the responsibility of the owner. Whenever infestation exists in two (2) or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two (2) or more dwelling units, extermination thereof is the responsibility of the owner. (Ord. XVIII.10, 9 -2 -1997) 9 -4 -7. PUBLIC NUISANCE DEFINED: Whoever by an act or failure to perform a legal duty intentionally does any of the following is guilty of violating this Chapter: A. Maintains or permits an unfavorable building or structure appearance or level of maintenance: 1. Adverse Impact: Buildings, structures, fences and retaining walls which have been so poorly maintained that their physical condition and appearance detract from the surrounding neighborhood are declared to be public nuisances because they: a) decrease adjoining landowners' and occupants' enjoyment of their property and neighborhood; and b) may adversely affect property values and neighborhood patterns. 2. Standards: a. Any building, structure, fence or retaining .wall is a public nuisance if it does not comply with the following requirements: (1) No part of any exterior surface shall have deterioration, holes, breaks, gaps, loose or rotting boards or timber. 1. See Sections 5 -1 -2 through 5 -1 -7 of this Code. 398 City of Rosemount 9 -4 -7 9 -4 -7 (2) Every exterior surface which has had'a surface finish such as. paint applied shall be maintained to avoid noticeable deterioration of the finish. No wall or other exterior surface shall have peeling, cracked, . chipped, or otherwise deteriorated surface finish on more than twenty percent (20 %) of: (A) Any one wall or other flat surface; (B) All door and window moldings, eaves, gutters, and similar projections on any one side or surface. (3) No glass, including windows and exterior light fixtures, shall be broken or cracked and no seams shall be torn or separated from moldings. (4) All exterior doors and shutters shall be hung properly and have an operable mechanism to keep them securely shut or in place. (5) All cornices, moldings, lintels, sills, bay or dormer windows, and similar projections shall be kept in good repair and free from cracks and defects which make them hazardous or unsightly. (6) Roof structures shall be tight and have no defects which admit water. All roof drainage systems shall be secured and hung properly. (7) Chimney, antennas, air vents, and other similar projections shall be structurally sound and in good repair. Such projections shall be secured properly, where 'applicable, to an exterior wall or roof. B. Maintains or permits buildings or structures which endanger public safety, health or property within the City: 1. Any building, structure, fence or retaining wall in the City which is found by the City Building Inspectors or Fire Marshall, or their designee, < to be dangerous to public safety, health or property by reason of: a. Damage by fire; b. Defective chimneys or stovepipes; 398 City of Rosemount 9 -4 -7 9 -4 -7 c. Dilapidated condition or decay; d. Defective electrical wiring; e. Defective gas installations; f. Defective heating apparatus; g. Defective sewage disposal system or plumbing; h. Any other defect endangering the public safety, health, or other property; are hereby declared to be a public nuisance. 2. Any building or structure which is damaged, decayed, dilapidated, unsanitary, 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 to the occupants or of the public, may be declared unfit for human habitation. Whenever any building has been declared unfit for human habitation, the enforcement officer shall order same vacated within a reasonable time and shall post a placard on the property which shall: a) be in writing, b) include a description of the property sufficient for identification, c) include a statement of a reason or reasons why it is being issued, d) include a description of the repairs and improvements required to bring the dwelling into compliance with the provisions of this Chapter, and e) include a statement of time allowed to correct the violations. C. Maintains or permits garbage or refuse to be placed or stored in yards: 1. To enhance the safety of residents, no garbage, junk or debris shall be- placed in yards or properties in the City. The City Zoning Ordinance states that except as specifically authorized by the Zoning Ordinance, all equipment, merchandise, materials, supplies, unlicensed vehicles, junk vehicles, trash and junk, and finished and semi- finished products shall be stored within "structures" as defined in the Zoning Ordinance. Violation of such provisions, of the City Zoning Ordinance is a violation of this Chapter. 398 City of Rosemount 9 -4 -7 9 -4 -7 D. Special provision; lawn maintenance: 1. Preamble: There are a variety of landscapes in the City which diversify and add a richness to the quality of life. Certain areas in the City have been left, or allowed to go, unmaintained. They have been accepted by the vast majority of the City residents as appropriate and as part of the unique quality of life in this community. There are community expectations, however, that once an area has been disturbed, landscaped, or otherwise maintained, that area will continue to be maintained in a consistent manner. When vegetation in that area is not continually maintained, it becomes aesthetically unpleasing and violates community standards. Property which appears neglected may decrease the value of adjacent properties. In addition, if vegetation is not properly maintained, there may be the following adverse impacts on public health, safety, and welfare: a. Undesirable vegetation such as common buckthorn, quack grass, and other weeds may invade and threaten to supplant other more desirable vegetation. b. Vegetation which causes allergic reactions, such as ragweed, may develop. c. Tall vegetation along driveways and public roads may impair visibility when entering or exiting public roads. 2. Definitions: For the purpose of this Section the following words shall have the meanings specified below: MEADOW Grasses and flowering and broad leaf plants VEGETATION: which are native to, or adopted to, the State, which are commonly found in meadow and prairie plant communities, except weeds. NOXIOUS Those plants which are determined from time to WEEDS: time to be noxious weeds pursuant to Minnesota Statutes, section 18.77, subdivision 8. REGULARLY Mowing or otherwise cutting the ;vegetation so CUT: that it does not exceed eight inches (8"). TURF Grasses commonly used in regularly cut lawn GRASSES: areas, such as bluegrass, fescue, and rye grass 398 City of Rosemount 9 -4 -7 9 -4-7 blends, and nonwoody vegetation interspersed with them. WEEDS: Include all noxious weeds buffalobur, common cocklebur, crabgrass, dandelions, jimsonweed, quack grass, common and giant ragweed, field sandbur, velvetleaf, and wild sunflower. Weeds also include anything that is horticulturally out of place. For example, a tree seedling is a weed in a vegetable garden. A property owner may establish that a plant or plants are not horticulturally out of place by providing a written landscape plan for the area in question, complete with a listing and locations of plant species. The plants specifically listed above may not be included within the landscape plan. Vegetation which does not comply with this plan are. weeds. 3. Maintenance Standard: The minimum standard in this Section applies to property which has been developed with a "building" as defined in the Building Code, including vacant property combined with developed property for this purpose, and a parcel of property which has been completely or partially disturbed by demolition, t grading or other means in preparation for development or redevelopment. a. All turf grasses and weeds must not exceed a height of eight inches (8 "), measured from the base at ground level to the tip of each stalk, stem blade, or leaf. b. This requirement does not apply to the following: (1) A wetland or flood plain designated on the Official Zoning Map or any other available wetland inventory maps on file with the City. (2) A drainage pond or ditch which stores or conveys storm water. (3) A pasture which is: a) currently being used for the exercise or feeding of domestic hoofed animals, _b) physically surrounded by a permanent fence which separates the pasture from property used for other purposes, c) at least 398 City of Rosemount 9 -4 -7 9 -4 -7 one -half 0 2 ) acre in size, and d) undeveloped with any habitable buildings. (4) An area in which the land and vegetation appear not to have been graded, landscaped, mowed, or otherwise disturbed by human or mechanical means at any time. Determination of what constitutes this type of area will be based on a reasonable judgment of the present appearance of the area. The recent history of the area may be relevant to this determination. (5) An area established with meadow vegetation if: (A) The prior vegetation is eliminated and the meadow vegetation is planted through transplants or seed by human or mechanical means. (B) The area is cut at least once per year to a height of eight inches (8 "), if weeds cover more than twenty five percent (25 %) of the area. (C) A sign is posted on the property in a location likely to be seen by the public, advising that a meadow or prairie is being established. The sign is required only if the vegetation is in an area likely to be seen by the public. This sign shall be in addition to any sign permitted by the Sign Ordinance but shall be no smaller than ten inches (10 ") square, no larger than one square foot, and no higher than three feet (3') tall. The sign is no longer required when weeds cover twenty five percent (25 %) or less of the area. c. See Section 5 -2 -2 of this Code for noxious weed control requirements. E. Special provision; parking maintenance: 1. It shall be the joint responsibility of the operator and owner of any principal use to maintain, in a neat and aesthetic manner, the parking space, accessway, driveway, landscaping, required fences or walls and retaining walls. Violation of Section 5 -2 -2 of this Code is a violation of this Chapter. (Ord. XVIII.10, 9- 2.1997) 398 City of Rosemount 9 -4 -8 9 -4 -9 9 -4 =8: VIOLATION OF PROVISIONSc A. Any person violating any provision of this Chapter shall be guilty of a misdemeanor. B. For the purpose of safeguarding the health and safety of the general public and of the occupants of dwellings, it is the duty of the appropriate City official, or his or her designee, to enforce this Chapter, and, this official is hereby authorized and directed to conduct inspections to determine the condition of - dwellings, residences, and premises located within the City. For the purpose of making such inspections, the appropriate City official is hereby authorized to enter, examine and survey, between the hours of seven thirty o'clock (7:30), A.M. and four o'clock (4 :00) P.M., all dwellings, residences, and premises. The appropriate City official, prior to making such inspection, shall inform the occupant of the dwelling by letter postmarked not less than seventy two (72) hours prior to the time such inspection is made. After such written notice is given, the owner or occupant of such dwelling, during, such time, for the purpose of such inspection, examination or survey; provided that such inspection, examination or survey shall not have for its purpose the harassment of such owner or occupant and that such inspection, examination, or survey shall be made so as to cause the least amount of inconvenience to the owner or occupant, consistent with an efficient performance of the duties of the appropriate City official; provided that the purpose of such inspection, examination, or survey shall not be for the procurement of evidence to be used in any criminal proceeding; provided that nothing in this Section shall be construed to prohibit the entry of the appropriate City official. The required notice is waived when: 1. At any time when in the opinion of the appropriate City official an actual emergency tending to create an immediate danger to public health and safety exists; or 2. At any time when such inspection, examination, or survey may be requested by the owner or tenant. (Ord. XV111.10, 9 -2 -1997) 9 -4 -9: ENFORCEMENT: A. It shall be the duty of the City Council to enforce the provisions of this Chapter and the City Council may delegate to other officers or agencies power to enforce particular provisions of this Section, including the power to inspect private premises, and the officer 398 City of Rosemount 9 -4 -9 9 -4 -10 charged with the enforcement, or his or her designee, of this Chapter shall take all reasonable precautions to prevent the commission and maintenance of public nuisances. (Ord. XVIII.10, 9 -2 -1997) 9 -4 -10: ABATEMENT PROCEDURE: A. Abatement: 1. Notice: Whenever the officer charged with enforcement determines that a public nuisance is being maintained or exists on property within the City, the officer shall notify the property owner and occupant or other responsible party in writing of that fact and order the nuisance terminated and abated. Notice shall be served in person or by certified mail. Notice to the owner shall be satisfied by return receipt from the person listed as the taxpayer on the County's tax record. If the property is not occupied, the owner is unknown, or no other responsible party can be reasonably identified, notice may be served by posting said notice on the property. The posted notice shall specify the steps to be taken to abate the nuisance and the maximum time period allowed for compliance. The posted notice shall also state that the City may, after notice to the owner and occupant or other responsible party, provide for abating the nuisance by the City. Three (3) separate notices shall be written and delivered or posted as outlined above. The first notice shall specify compliance within twenty (20) days. The second consecutive notice shall reference the first notice and specify an additional ten (10) days for compliance. The third consecutive notice shall reference the first two (2) notices, specify that it is the last notice prior to the City Council's hearing for abating the matter by the City, and allow for an additional five (5) days for final compliance with the written order(s). In cases where any or all of the notices are posted, at least forty five (45) days shall elapse between the day of the first posting and the Council hearing. 2. Summary Abatement: The enforcement officer, or his or her designee, may provide for abating a public nuisance _without following the procedures required in subsection Al of this Section, when: a. There is an 'immediate threat to the public health or safety. b. There is an immediate threat of serious property damage. 398 City of Rosemount jvnowasog jo ,Clio 86€ 4oigm uolsinoid a4l `Al!O sl4l ui apoo ao aoueulpio 4llLeq ao `Alajes `aii `6ulpl!nq `6uluoz Aue 10 uolsinoid a ql!m lollluoo ui eq of puno! si aalde4O sigl jo uols!noid a ejegm aseo Aue ul :j9lde4O !O loiguo0 '8 Joueewaps!w L jo All!n6 aq Ilegs aaldegO s!4l 10 suo!Ieloln elg ssod 9le6!js9nu! of sIe131110 Apo jo svolle eql 6ulaapu!4 uosaad Auy :aoueapu!H •esuago aleaedes a alnl!jsuoo II94s senupoo uoilelo!n 4ons 43!4m uo A9p 4 'ZO'609 uolloas `sainl9lS elosauuivq ' 4l!m 90uepio3oe ul aoueawaps!w a jo All!n6 eq Iie4s aalde40 sl4l ul suoisinoid a4l jo Aue 10 uo!leloln u! uosiad Auy :Alleuad •g L90'6Zti `salnlelS elosauu!Ini Aq paalnbai se 6u!aea4 pue 9311OU uan16 eq Lsnw jaumo Apedoid e4l `Apedo.id a4l lsu!e6e peipveo aae sisoo p!edun a4l ajo ;ag •6ZV jaldego `salnlels elosauu!IN yl!m aouepi000e ui elgelnq!alle si lsoo a4l 4oigm o} Alaadoid a4l lsu!e6e paigpeo eq Aew lsoo pledun e4l `11!q a4l jo elep a4l jalle sAep (06) A:p!yl uigl!m uolloaS s!4l jo t V uo!loasgns aapun p!ed uaaq lou se4 `l! ;o uo!>uod Aue jo `lsoo a41 11 :luawssassy •g �iaal0 Al!O a4l 1~o wigo a4l le elgeAed pue anp Alelelpeww! aq IIe4s lunowe a4l `uodnaja41 •AlaL-d elq!suodsai aa4lo jo jaumo 9 41 of l! I!ew pule lsoo a4l jol II!q a amdaid IIe4s I!ouno0 a4l Aq paleu6!s4p Ieloigo aa4lo jo Mialo Al!O a4l `pau!wjalep lsoo a4l pue peleldwoo uaaq se4 Naom a4l se woos sy •iIaom aql 6uiwjo ellgm Al!O a4l Aq pennoui sesuedxe ja4lo Aue pue slsoo anllealslu!wpe 6ulpnlou! `luewalege jo lsoo aql aol Al!O a4l of elq!suodsaa Alleuosiad eq IIe4s `uosiad 1e4l Aq peumo jou A:pedoid uo eouesinu ollgnd a pasneo seq oqm uosaad le jo `Al!O a4l Aq palege uaaq se4 aoueslnu L 4o!4nn uo Avedoid to aaumo a41 :Aaanooaa lso0 •t '9Z'E9b 46noa4l gL•ggt, suoiloas `salnlelS elosauuiVq of luensind jelde40 S141 10 suolslnoid a4l awolue of,bale Aew Al!O a4l seseo al epdoidde ul :sajnlonjlS aO s6ulpl!n8 piepuelsgnS puy snopaezeH 'E - 6ullaaw I!ouno0 Al!O palnpayos Alieln6ai lxeu a4l le A1aAO09J lsoo Aue pue l uawelege a4 leadde ol lg6u 941 pue uo!loe pepuajui aql jo Alaed elq!suodsai jaylo ao `luedn000 `aaumo a4l Aplou of ldwalle Algeuoseaj lsnw aaoll!lo aq} `uolloas sigl of luensind eoues!nu e4l sellege .iao llo luawaoaolua 84l dl A:padoid oilgnd uo sei:ped alanlad Aq pasneo uaaq se4 eoues!nu o!Ignd y, •o 0 L-V-6 0 L-tr-6 9 -4 -10 9 -4 -10 establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of this Chapter is found to be in conflict with a provision of any other ordinance or code of the City existing on the effective date of this Chapter which established a lower standard for the promotion and protection of the health and safety of the people, the provision of this Chapter shall be deemed to prevail. The determination, of the applicability of this Chapter in light of the above rules of interpretation shall be made by the City and its determination shall be final. (Ord. XVIII.10, 9 -2 -1997) 398 City of Rosemount I a 14 0 Ral I k 'µr e ;- '. •: V 7 ' 'r L t� v` 4 H V s - �i << 1 k PREFACE Introduction Internationally, code officials recognize the need for a modem, up -to -date property maintenance code governing the maintenance of existing buildings. The International Property Maintenance Code, in this 2003 edition, is designed to meet this need through model code regulations that contain clear and specific property maintenance requirements with required property improvement provi- sions. This 2003 edition is fully compatible with all the International Codes ( "I- Codes ") published by the International Code Council (ICC), including the International Building Code, ICC Electrical Code, International Energy Conservation Code, International Existing Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, ICC Performance Code, International Plumbing Code, International Private Sewage Disposal Code, International Residential Code, International Urban- Wildland Interface Code and International Zoning Code. The International Property Maintenance Code provisions provide many benefits, among which is the model code development process that offers an international forum for code officials and other interested parties to discuss performance and prescriptive code requirements. This forum provides an excellent arena to debate proposed revisions. This model code also encourages international consistency in the application of provisions. Development The first edition of the International Property Maintenance Code (1998) was the culmination of an effort initiated in 1996 by a de- yelopment committee appointed by ICC and consisting of the representatives of the three statutory members of the International Code Council: Building Officials and Code Administrators International, Inc. (BOCA), International Conference of Building Offi- cials (ICBO) and Southern Building Code Congress International ( SBCCI). The committee drafted a comprehensive set of regula- tions for existing buildings that was consistent with the existing model property maintenance codes at the time. This 2003 edition presents the code as originally issued, with changes approved through the ICC Code Development Process through 2002. A new edi- tion such as this is promulgated every three years. With the development and publication of the family of International Codes in 2000, the continued development and maintenance of the model codes individually promulgated by BOCA (`BOCA National Codes "), ICBO ( "Uniform Codes ") and SBCCI ( "Stan- dard Codes ") was discontinued. This 2003 International Property Maintenance Code, as well as its predecessor —the 2000 edition, is intended to be the successor property maintenance code to those codes previously developed by BOCA, ICBO and SBCCL The development of a single set of comprehensive and coordinated family of International Codes was a significant milestone in the development of regulations for the built environment. The timing of this publication mirrors a milestone in the change in struc- ture of the model codes, namely, the pending Consolidation of BOCA, ICBO and SBCCI into the ICC. The activities and services previously provided by the individual model code organizations will be the responsibility of the Consolidated ICC. This code is founded on principles intended to establish provisions consistent with the scope of a property maintenance code that adequately protects public health, safety and welfare; provisions that do not unnecessarily increase construction costs; provisions that do not restrict the use of new materials, productions or methods of construction; and provisions that do not give preferential treatment to particular types or classes of materials, products or methods of construction. Adoption The International Property Maintenance Code is available for adoption and use by jurisdictions internationally. Its use within a gov- ernmental jurisdiction is intended to be accomplished through adoption by reference in accordance with proceedings establishing the jurisdiction's laws. At the time of adoption, jurisdictions should insert the appropriate information in provisions requiring spe- cific local information, such as the name of the adopting jurisdiction. These locations are shown in bracketed words in small capital letters in the code and in the sample ordinance. The sample adoption ordinance on page v addresses several key elements of a code adoption ordinance, including the information required for insertion into the code text. Maintenance The International Property Maintenance Code is kept up to date through the review of proposed changes submitted by code enf6rc- ing officials, industry representatives, design professionals and other interested parties. Proposed changes are carefully considered through an open code development process in which all interested and affected parties may participate. The contents of this work are subject to change both through the Code Development Cycles and the governmental body that en- acts the code into law. For more information regarding the code development process, contact the Code and Standard Development Department of the International Code Council. 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE While the development procedure of the International Property Maintenance Code assures the highest degree of care, ICC and the founding members of 1CC —BOCA, ICBO, SBCCI —their members and those participating in the development of this code do not accept any liability resulting from compliance or noncompliance with the provisions because ICC and its founding members do not have the power or authority to police or enforce compliance with the contents of this code. Only the governmental body that en- acts the code into law has such authority. Letter Designations in Front of Section Numbers In each code development cycle, proposed changes to this code are considered at the Code Development Hearing by the Interna- tional Property Maintenance Code Development Committee, whose action constitutes a recommendation to the voting membership for final action on the proposed change. Proposed changes to a code section whose number begins with a letter in brackets are con - sidered by a different code development committee. For instance, proposed changes to code sections which have the letter [F] in front (e.g., [F] 704. 1), are considered by the International Fire Code Development Committee at the Code Development Hearing. Where this designation is applicable to the entire content of amain section of the code, the designation appears at the main section number and title and is not repeated at every subsection in that section. The content of sections in this code which begin with a letter designation are maintained by another code development committee in accordance with the following: [F] = International Fire Code Development Committee; and [P] = International Plumbing Code Development Committee. Marginal Markings Solid vertical lines in the margins within the body of the code indicate a technical change from the requirements of the 2000 edition. Deletion indicators ( m* ) are provided in the margin where a paragraph or item has been deleted. Iv 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE ORDINANCE The International Codes are designed and promulgated to be adopted by reference by ordinance. Jurisdictions wishing to adopt the 2003 International Property Maintenance Code as an enforceable regulation governing existing structures and premises - should ensure that certain factual information is included in the adopting ordinance at the time adoption is being considered by the appropriate governmental body. The following sample adoption ordinance addresses several key elements of a code adoption or- dinance, including the information required for insertion into the code text. SAMPLE ORDINANCE FOR ADOPTION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE ORDINANCE NO. An ordinance of the [JURISDICTION] adopting the 2003 edition of the International Property Maintenance Code, regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utili- ties and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupa- tion and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures in the [JURISDICTION]; providing for the issuance of permits and collection of fees therefor; repealing Ordi- nance No. of the [JURISDICTION] and all other ordinances and parts of the ordinances in conflict therewith. The [GOVERNING BODY] of the [JURISDICTION] does ordain as follows: Section 1. That a certain document, three (3) copies of which are on file in the office of the [TITLE OF JURISDICTION'S KEEPER OF RECORDS] of [NAME OF JURISDICTION], being marked and designated as the International Property Maintenance Code, 2003 edi- tion, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the [JURIS- DICTION], in the State of [STATE NAME] for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to en- sure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for hu- man occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the [JURISDICTION] are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance. Section 2. The following sections are hereby revised: Section 101.1. Insert: [NAME OF JURISDICTION] Section 103.5. Insert: [APPROPRIATE SCHEDULE] Section 304.14. Insert: [DATES IN TWO LOCATIONS] Section 602.3. Insert: [DATES IN TWO LOCATIONS] Section 602.4. Insert: [DATES IN TWO LOCATIONS] Section 3. That Ordinance No. of [JURISDICTION] entitled [FILL IN HERE THE COMPLETE TITLE OF THE ORDINANCE OR ORDINANCES IN EFFECT AT THE PRESENT TIME SO THAT THEY WILL BE REPEALED BY DEFINITE MENTION] and all other ordi- nances or parts of ordinances in conflict herewith are hereby repealed. Section 4. That if any section, subsection; sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitu- tional, such decision shall not affect the validity of the remaining portions of this ordinance. The [GOVERNING BODY] hereby de- clares that it would have passed'this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 5. That nothing in this ordinance or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or ex- isting, under any act or ordinance hereby repealed as cited in Section 2 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance. Section 6. That the [JURISDICTION'S KEEPER OF RECORDS] is hereby ordered and directed to cause this ordinance to be pub- lished. (An additional provision may be required to direct the number of times the ordinance is to be published and to specify that it is to be in a newspaper in general circulation. Posting may also be required.) 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE v Section 7. That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect [TIME PERIOD] from and after the date of its final passage and adoption. A 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE TABLE OF CONTENTS CHAPTER 1 ADMINISTRATION ................1 503 Toilet Rooms ............................. 15 Section 504 Plumbing Systems and Fixtures .............. 15 101 General ............... ...... ..... . 1 505 Water System . .............. ...... 15 102 Applicability ................................ 1 506 Sanitary Drainage System ................... 16 103 Department of Property Maintenance 1 507 Storm Drainage ........................... 16 Inspection . ..............................1 104 Duties and Powers of the Code Official ......... 2 CHAPTER 6 MECHANICAL AND ELECTRICAL 105 Approval.......... .....................2 REQUIREMENTS ................. 17 106 Violations ................. ............ , . 3 Section 107 Notices and Orders....... ............ . 601 General . . ............................... .17 108 Unsafe Structures and Equipment .............. 3 602 Heating Facilities .......................... 17 109 Emergency Measures ......... .............4 603 Mechanical Equipment ..................... 17 110 Demolition .. ..............................4 604 Electrical Facilities ........................ . 17 111. Means of Appeal ............................ 5 605 Electrical Equipment ....................... 18 606 Elevators, Escalators and Dumbwaiters ........ 18 CHAPTER 2 DEFINITIONS ..................... 7 607 Duct Systems ............................. 18 Section 201 General ......................... 7 CHAPTER 7 FIRE SAFETY .. .... REQUIREMENTS.. ............19 202 General Definitions .......................... 7 Section CHAPTER 3 GENERAL REQUIREMENTS ..... , . 9 701 General ... ............................... 19 Section 702 Means of Egress ......................... . . 19 301 General ........................ ..........9 703 Fire- Resistance Ratings ..................... 19 302 Exterior Property Areas .................. . . 9 704 Fire Protection Systems ....... ...... . 19 303 Swimming Pools, Spas and Hot Tubs ........... 9 CHAPTER 8 _REFERENCED STANDARDS .:.... 21 304 Exterior Structure........ ............... 10 305 Interior Structure .......... .. ......... 11 INDEX .......... .............................23 306 Handrails and Guardrails .................... 11f 307 Rubbish and Garbage ....................... 11 308 Extermination .. ... ...... ........ 11 CHAPTER 4 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS ......13 Section 401 General .................... , .............13 402 Light .... ....... .. .................13 403 Ventilation ...... ................ ... .13 404 Occupancy Limitations ..................... 13 CHAPTER 5 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS .......15 Section 501 General ... ........ ........... ......15 502 Required Facilities ......................... 15 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® vll CHAPTER 1 ADMINISTRATION SECTION 101 GENERAL 101.1 Title. These regulations shall be known as the Property Maintenance Code of [NAME OF JURISDICTION], hereinafter re- ferred to as "this code." 101.2 Scope. The provisions of this code shall apply to all exist- ing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ven- tilation, space, hearing, sanitation, protection from the ele- ments, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penal- ties. 101.3 Intent. This code shall be construed to secure its ex- pressed intent, which is to ensure public health, safety and wel- fare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing struc- tures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of I health and safety as required herein. Repairs, alterations, addi- tions to and change of occupancy in existing buildings shall comply with the International Existing Building Code. 101.4 Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitu- tional, such decision shall not affect the validity of the remain- ing portions of this code. SECTION 102 APPLICABILITY ' 102.1 General. The provisions of this code shall apply to all responsible for the maintenance of buildings, structures and premises. 102.3 Application of other codes. Repairs, additions or alter- ations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Interna- tional Existing Building Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of the In- ternational Zoning Code. 102.4 Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the juris- diction or its officers or agencies relating to the removal or de- molition of any structure which is dangerous, .unsafe and insanitary. 102.5 Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's installation instructions. 102.6 Historic buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare. 102.7 Referenced codes and standards. The codes and stan- dards referenced in this code shall be those that are listed in Chapter 8 and considered part of the requirements of this code to the prescribed extent of each such reference. Where differ- ences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. 102.8 Requirements not covered by code. Requirements nec- essary for the strength, stability or proper operation of an exist- ing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the code official. matters affecting or relating to structures and premises, as set forth in Section 101. Where, in a specific case, different sec- tions of this code specify different requirements, the most re- SECTION 103 strictive shall g overn. DEPARTMENT OF PROPERTY . 102.2 Maintenance. Equipment; systems, devices and safe - MAINTENANCE INSPECTION guards required by this code, or a previous regulation or, code 103.1 General. The department of property maintenance in- under which the structure or premises was constructed, altered spection is hereby created and the executive official in charge or repaired shall be maintained in good working order. No thereof shall be known as the code official owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this section to be 103.2 Appointment. The code official shall be appointed by removed from or shut off from or discontinued for any occu- the chief appointing authority of the jurisdiction; and the code pied dwelling, except for such temporary interruption as neces- official shall not be removed from office except for cause and sary while repairs or alterations are in progress. The after full opportunity to be heard . on specific and relevant requirements of this code are not intended to provide the basis charges by and before the appointing authority. for removal or abrogation of fire protection and safety systems 103.3 Deputies. In accordance with the prescribed procedures and devices in existing structures. Except as otherwise speci- of this jurisdiction and with the concurrence of the appointing fied herein, the owner or the owner's designated agent shall be . authority, the code official shall have the authority to appoint a 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® 1 ADMINISTRATION deputy code official, other related technical officers, inspectors and other employees. 103.4 Liability. The code official, officer or employee charged with the enforcement of this code, while acting for the jurisdic- tion, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage ac- cruing to persons or property as a result of an act required or permitted in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the department of property mainte- nance inspection, acting in good faith and without malice, shall be free from liability for acts performed under any of its provi- sions or by reason of any act or omission in the performance of official duties in connection therewith. 103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in the following schedule. . [JURISDICTION TO INSERT APPROPRIATE SCHEDULE.] SECTION 104 DUTIES AND POWERS OF THE CODE OFFICIAL 104.1 General. The code official shall enforce the provisions of this code. 104.2 Rule - making authority. The code official shall have au- thority as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and procedures; to interpret and implement the provisions of this code; to secure the intent thereof; and to designate requirements applicable be- cause of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance re- quirements specifically provided for in this code, or of violat- ing accepted engineering methods involving public safety. 104.3 Inspections. The code official shall make all of the re- quired inspections, or shall accept reports of inspection by ap- proved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion - as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 104.4 Right of entry. The code official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and sei- zures. If entry is refused or not obtained, the code official is au- thorized to pursue recourse as provided by law. 104.5 Identification. The code official shall carry proper iden- tification when inspecting structures or premises in the perfor- mance of duties. under this code. 104.6 Notices and orders. The code official shall issue all nec- essary notices or orders to ensure compliance with this code. 104.7 Department records. The code official shall keep offi- cial records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records as long as the building or struc- ture to which such records relate remains in existence, unless otherwise provided for by other regulations. 104.8 Coordination of inspections. Whenever in the enforce- ment of this code or another code or ordinance, the responsibil- ity of more than one code official of the jurisdiction is involved, it shall be the duty of the code officials involved to coordinate their inspections and administrative orders as fully as practica- ble so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors or multiple or con- flicting orders. Whenever an inspector from any agency or de- partment observes an apparent or actual violation of some provision of some law, ordinance or code not within the inspec- tor's authority to enforce, the inspector shall report the findings to the code official having jurisdiction. SECTION 105 APPROVAL 105.1 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the code of- ficial shall have the authority to grant modifications for individ- ual cases, provided the code official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and pur- pose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the de- partment files. 105.2 Alternative materials, methods and equipment. The provisions of this code are not intended to prevent the installa- tion of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the code offi- cial finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the mate- rial, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. 105.3 Required testing. Whenever there is insufficient evi- dence of compliance with the provisions of this code, or evi- dence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction. 105.3.1 Test methods. Test methods shall be as specified in this code or by other recognized test standards. In the ab- sence of recognized and accepted test methods, the code of ` ficial shall be permitted to approve appropriate testing procedures performed by an approved agency.' 105.3.2 Test reports. Reports of tests shall be retained by the code official for the period required for retention of pub- lic records. 2 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® ADMINISTRATION 105.4 Material and equipment reuse. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when neces- sary, placed in good and proper working condition and ap- proved. SECTION 106 VIOLATIONS 106.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code. 106.2 Notice of violation. The code official shall serve a notice of violation or order in accordance with Section 107. 106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a misdemeanor, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall insti- tute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or ter- mination of the unlawful occupancy of the structure in viola- tion of the provisions of this code or of the order or, direction made pursuant thereto. Any action taken by the authority hav- ing jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. 106.4 Violation penalties. Any person who shall violate a pro- vision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a violation con- tinues after due notice has been served shall be deemed a sepa- rate offense. 106.5 Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the ju- risdiction from instituting appropriate action to restrain, cor- rect or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, con - duct, business or utilization of the building, structure or pre- mises. SECTION 107 NOTICES AND ORDERS 107.1 Notice to person responsible. Whenever the code offi- cial determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3 to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 108.3: 107.2 Form. Such notice prescribed in Section 107.1 shall be in accordance with all of the following: 1. Be in writing. 2. Include a description of the real estate sufficient for iden- tification. 3. Include a statement of the violation or violations and why the notice is being issued. 4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the pro - visions of this code. 5. Inform the property owner of the right to appeal. 6. Include a statement of the right to file a lien in accor- dance with Section 106.3. 107.3 Method of service. Such notice shall be deemed to be properly served if a copy thereof is: 1. Delivered personally; 2. Sent by certified or first -class mail addressed to the last known address; or 3. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. 107.4 Penalties. Penalties for noncompliance with orders and notices shall be as set forth in Section 106.4. 107.5 Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of " the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, trans- feree, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall fur- nish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. SECTION 108 UNSAFE STRUCTURES AND EQUIPMENT 108.1 General. When a structure or equipment is found by the code official to be unsafe or when a structure is found unfit for human occupancy, or is found unlawful,.such structure shall be condemned pursuant to the provisions of this code. 108.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not provid- ing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structur- ally unsafe or of such faulty construction or unstable foun- dation, that partial or complete collapse is possible. 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® 3 h. �i ADMINISTRATION 108.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure. 108.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment re- quired by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. 108.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or oc- cupied contrary to law. 108.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource. 108.3 Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, no- tice shall be posted in a conspicuous place in or about the struc- ture affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Section - 107.3. If the notice pertains to equip- ment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in Section 107.2. 108.4 Placarding. Upon failure of the owner or person respon- sible to comply with the notice provisions within the time given, the code official shall post on the premises or on defec- tive equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. 108.4.1 Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or re- moves a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code. 108.5 Prohibited occupancy. Any occupied structure con- demned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and 4 any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code. SECTION 109 EMERGENCY MEASURES 109.1 Imminent danger. When, in the opinion of the code offi- cial, there is imminent danger of failure or collapse of a build- ing or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occu pation of the structure, or when there is actual or potential dan- ger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: `"This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of se- curing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. 109.2 Temporary safeguards. Notwithstanding other provi- sions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. 109.3 Closing streets. When necessary for public safety, the code official shall temporarily close structures and close, or or- der the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and pro - hibit the same from being utilized. 109.4 Emergency repairs. For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible. 109.5 Costs of emergency repairs. Costs incurred in the per- formance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs. 109.6 Hearing. Any person ordered to take emergency mea- sures shall comply with such order forthwith. Any affected per- son shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code. SECTION 110 DEMOLITION 110.1 General. The code official shall order the owner of any premises upon which is located any structure, which in the code official's judgment is so old, dilapidated or has become so out 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® ADMINISTRATION of repair as to be dangerous, unsafe, insanitary or otherwise un- fit for human habitation or occupancy, and such that it is unrea- sonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner's option; or where there has been a cessa- tion of normal construction of any structure for a period of more than two years, to demolish and remove such structure. 110.2 Notices and orders. All notices and orders shall comply with Section 107. 110.3 Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and re- moved, either through an available public agency or by contract or arrangement with private persons, and the cost of such de- molition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. 111.2.2 Chairman. The board shall annually select one of its members to serve as chairman. 111.2.3 Disqualification of member. A member shall not hear an appeal in which that member has a personal, profes- sional or financial interest. 111.2.4 Secretary. The chief administrative officer shall designate a qualified person to serve as secretary to the board. The secretary shall file a detailed record of all pro- ceedings in the office of the chief administrative officer. 111.2.5 Compensation of members. Compensation of members shall be determined by law. 111.3 Notice of meeting. The board shall meet upon notice from the chairman, within 20 days of the filing of an appeal, or at stated periodic meetings. 110.4 Salvage materials. When any structure has been ordered demolished and removed, the governing body or other desig- nated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the re- port shall so state. SECTION 111 MEANS OF APPEAL 111.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the board of appeals, provided that a written application for appeal.is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true in tent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately sat- isfied by other means, 111.2 Membership of board. The board of appeals shall con - sist of a minimum of three members are qualified by expe- rience and training to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction. The code official shall be an ex- officio member but shall have no vote on any matter before the board. The board shall be ap- pointed by the chief appointing authority, and shall serve stag- gered and overlapping terms. 111.2.1 Alternate members. The chief appointing author- ity shall appoint two or more alternate members who shall be called by the board chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board member- ship. 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE@ 111.4 Open hearing. All hearings before the board shall be open to the public. The appellant, the appellant's representa- tive, the code official and any person whose interests are af- fected shall be given an opportunity to be heard. A quorum shall consist of not less than two- thirds of the board member- ship. 111.4.1 Procedure. The board shall adopt and make avail- able to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. 111.5 Postponed hearing. When the full board is not present to hear an appeal, either the appellant or the appellant's represen- tative shall have the right to request a postponement of the hear- ing. 111.6 Board decision. The board shall modify or reverse the decision of the code official only by a concurring vote of a ma- jority of the total number of appointed board members. 111.6.1 Records and copies. The decision of the board shall be recorded. Copies shall be furnished to the appellant and to the code official. 111.6.2 Administration. The code official shall take imme- diate action in accoidance with the decision of the board. 111.7 Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropri- ate court for a writ of certiorari to correct errors of law. Applica- tion for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer. 111.8 Stays of enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforce- ment of the notice and order until the appeal is heard by the ap- peals board. 5 CHAPTER 2 DEFINITIONS SECTION 201 GENERAL 201.1 Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter. 201.2 Interchangeability. Words stated in the present tense in- clude the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plu- ral and the plural, the singular. 201.3 Terms defined in other codes. Where terms are not de- fined in this code and are defined in the International Building Code, International Fire Code, International Zoning Code, In- ternational Plumbing Code, International Mechanical Code, International Existing Building Code or the ICC Electrical Code, such terms shall have the meanings ascribed to them as in those codes. 201.4 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. 201.5 Parts. Whenever the words "dwelling unit," "dwelling," "premises," "building," "rooming house," "rooming unit" "housekeeping unit or "story" are stated in this code, they shall be construed as though they were followed by the words " or any part thereof." ' EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or opera- tors of such premises. EXTERMINATION. The control and elimination of insects, rats or other pests by eliminating their harborage places; by re- moving or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods. GARBAGE. The animal or vegetable waste resulting from the handling, preparation, .cooking and consumption of food. GUARD. A building component or a system of building com- ponents located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walk- ing surface to a lower level. HABITABLE SPACE. Space in a structure for living, sleep- ing, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces. HOUSEKEEPING UNIT. A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower. IMMINENT DANGER. A condition which could cause seri- ous or life- threatening injury or death at any time. SECTION 202 GENERAL DEFINITIONS APPROVED. Approved by the code official. BASEMENT. That portion of a building which is partly or completely below grade. BATHROOM. A room containing plumbing fixtures includ- ing a bathtub or shower. BEDROOM. Any room or space used or intended to be used for sleeping purposes. CODE OFFICIAL. The official who is charged with the ad- ministration and enforcement of this code, or any duly autho- rized representative. CONDEMN. To adjudge unfit for occupancy. DWELLING UNIT. A single unit providing complete, inde- pendent living facilities for one or more persons, including per- manent provisions for living, sleeping, eating, cooking and sanitation. EASEMENT. That portion, of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above a said lot or lots. INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests. INOPERABLE MOTOR VEHICLE. A vehicle which can- not be driven upon the public streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power. LABELED. Devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol or other identify- ing mark of a nationally recognized testing laboratory, inspec- tion agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above- labeled items and by whose label the manufac- turer attests to compliance with applicable nationally recog- nized standards. LET FOR OCCUPANCY OR LET. To permit, provide or of- fer possession or occupancy of a dwelling, dwelling unit, 'rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a re- corded or unrecorded agreement of contract for the sale of land. OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied. OCCUPANT. Any individual living or sleeping in a building, or having possession of a space within a building. 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® 7 ' DEFINITIONS OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors. OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy. OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such per- son, and the executor or administrator of the estate of such per - son if ordered to take possession of real property by a court. PERSON. An individual, corporation, partnership or any other group acting as a unit. ' PREMISES. A lot, plot or parcel of land, easement or public way, including any structures thereon. PUBLIC WAY. Any street, alley or similar parcel of land es- sentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use. ROOMING HOUSE. A building arranged or occupied for lodging, with or without meals, for compensation and not occu- pied as a one- or two - family dwelling. )' ROOMING UNIT. Any room or group of rooms forming a i single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. ii RUBBISH. Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, i glass, crockery and dust and other similar materials. I STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove crimi- nal intent as a part of its case. It is enough to prove that the de- N : fendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do. STRUCTURE. That which is built or constructed or a portion thereof. TENANT. A person, corporation, partnership or group, II whether or not the legal owner of record, occupying a building or portion thereof as a unit. TOILET ROOM. A room containing a water closet or urinal j but not a bathtub or shower. VENTILATION. The natural or mechanical process of sup- plying conditioned or unconditioned air to, or removing such air from, any space. WORKMANLIKE. Executed in a skilled manner; e.g., gener- ally plumb, level, square, in line, undamaged and without mar- ring adjacent work. YARD. An open space on the same lot with a structure. 8 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® CHAPTER GENERAL REQUIREMENTS SECTION 301 GENERAL 301.1 Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. 301.2 Responsibility. The owner of the premises shall main- tain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner - occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the require- ments of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, room- ing unit, housekeeping unit or premises which they occupy and control. 301.3 Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. SECTION 302 EXTERIOR PROPERTY AREAS 302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occu- pant shall keep that part of the exterior property which such oc- cupant occupies or controls in a clean and sanitary condition. 302.2 Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. . Exception: Approved retention areas and reservoirs. 302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. 302.4 Weeds. All premises and exterior property shall be main- tained free from weeds or plant growth in excess of (jurisdic- ton to insert height in inches). All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a prop- erty to cut and destroy weeds after service of a notice violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. 302.5 Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by ap- proved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to elimi- nate rodent harborage and prevent reinfestation. 302.6 Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abut- ting or adjacent public or private property or that of another ten- ant. 302.7 Accessory structures. All accessory structures, includ- ing detached garages, fences and walls, shall be maintained structurally sound and in good repair. Ir 302.8 Motor vehicles. Except as provided for in other regula- tions, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. 302.9 Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving, or graffiti. It shall be the responsibility of the owner to restore said sur- face to an approved state of maintenance and repair. SECTION 303 SWIMMING POOLS, SPAS AND HOT TUBS 303.1 Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition, and in good repair. 303.2 Enclosures. Private swimming pools, hot tubs and spas, containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier at least 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self - closing and self- latch- ing. Where the self - latching device is less than 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self - closing and self - latching gates shall be maintained such that the gate will posi- tively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® 9 T GENERAL REQUIREMENTS shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. SECTION 304 EXTERIOR STRUCTURE 304.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. 304.2 Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay -re- sistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces re- painted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subj ect to rust or corrosion shall be coated to .inhibit such rust and corrosion and all surfaces with rust or cor- rosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior sur- faces. Surfaces designed for stabilization by oxidation are ex- empt from this requirement. [F] 304.3 Premises identification. Buildings shall have ap- proved address numbers placed in a position to be plainly legi- ble and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). 304.4 Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. 304.5 Foundation walls. All foundation walls shall be main- tained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. 304.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a man- ner that creates a public nuisance. 304.8 Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. 304.9 Overhang extensions. All overhang extensions includ- ing, but not limited to canopies, marquees, signs, metal awn- ings, fire escapes, standpipes and exhaust ducts shall be 10 maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather -coat- ing materials, such as paint or similar surface treatment. 304.10 Stairways, decks, porches and balconies. Every exte- rior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. 304.11 Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed sur- faces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coat- ing materials, such as paint or similar surface treatment. 304.12 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 304.13 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. 303.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. 303.13.2 Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. 304.14 Insect screens. During the period from [DATE] to [DATE], every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or uti- lized in food for human consumption are processed, manufac- tured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every swinging door shall have a self- closing device in good working condition. Exception: Screens shall not be required where other ap- proved means, such as air curtains or insect repellent fans, are employed. 304.15 Doors. All exterior doors, door assemblies and hard- ware shall be maintained in good condition. Locks at all en- trances to dwelling units, rooming units and guestrooms shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. 304.16 Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and sur- face drainage water. 304.17 Guards for basement windows. Every basement win- dow that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry.. of rodents. 304.18 Building security. Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be pro- vided with devices designed to provide security for the occu- pants and property within. 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE@ 304.18.1 Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock meeting specifica- tions set forth herein. Such deadbolt locks shall be operated only by the turning of a knob or a key and shall have a lock throw of not less than 1- inch. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock. Such deadbolt locks shall be installed according to manufacturer's specifications and maintained in good work- ing order. All deadbolt locks required by this section shall be designed and installed in such a manner so as to be operable inside of the dwelling unit, rooming unit or housekeeping unit without the use of a key, tool, combination thereof or any other special knowledge or effort. 304.18.2 Windows. Operable windows located in whole or in part within 6 feet (1828 mm) above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking devices. 304.18.3 Basement hatchways. Basement hatchways that provide access to a dwelling unit, rooming unit or house- keeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry. SECTION 305 INTERIOR STRUCTURE 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. 305.2 Structural members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. 305.3 Interior surfaces. All interior surfaces, including win - dows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, de- cayed wood and other defective surface conditions shall be cor- rected. 305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be main- tained in sound condition and good repair. 305.5 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 305.6 Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, head- ers or tracks as intended by the manufacturer of the attachment hardware. 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® GENERAL REQUIREMENTS SECTION 306 HANDRAILS AND GUARDRAILS 306.1 General. Every exterior and interior flight of stairs hav- ing more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the' floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) high or more than 42 inches (1067 mm) high measured verti- cally above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than 30 inches (762 mm) high above the floor of the landing, bal- cony, porch, deck, or ramp or other walking surface. Exception: Guards shall not be required where exempted by the adopted building code. SECTION 307 RUBBISH AND GARBAGE 307.1 Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. 307.2 Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers. 307.2.1 Rubbish storage facilities. The owner of every oc- cupied premises shall supply approved covered containers for rubbish, and the owner of the premises shall be responsi- ble for the removal of rubbish. 307.2.2 Refrigerators. Refrigerators and similar equip- ment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors. 307.3 Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or ap- proved garbage containers. 307.3.1 Garbage facilities. The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incin- erator unit in the structure available to the occupants in each dwelling unit; or an approved leakproof, covered, outside garbage container. 307.3.2 Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with close- fitting covers for the storage of such materials until re- moved from the premises for disposal. SECTION 308 EXTERMINATION 308.1 Infestation. All structures shall be kept free from insect and rodent infestation. All .structures in which insects or ro- dents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After ex- termination, proper precautions shall be taken to prevent reinfestation. 11 GENERAL REQUIREMENTS 308.2 Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure. 308.3 Single occupant. The occupant of a one- family dwelling or of a single -tenant nonresidential structure shall be responsi- ble for extermination on the premises. 308.4 Multiple occupancy. The owner of a structure contain- ing two or more dwelling units, a multiple occupancy, a room - ing house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occu - pant to prevent such infestation in the area occupied, the occu- pant shall be responsible for extermination. 308.5 Occupant. The occupant of any structure shall be re- sponsible for the continued rodent and pest -free condition of the structure. Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for extermina- tion. e �I { 4 4 - 12 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® CHAPTER LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS SECTION 401 sanitary conditions, and the safe occupancy of the space and GENERAL utilization of the appliances, equipment and fixtures. 401.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and SECTION 403 space for occupying a structure. VENTILATION 401.2 Responsibility. The owner of the structure shall provide 403.1 Habitable spaces. Every habitable space shall have at and maintain light, ventilation and space conditions in compli- least one openable window. The total openable area of the win ance with these requirements. A person shall not occupy as dow in every room shall be equal to at least 45 percent of the owner - occupant, or permit another person to occupy, any pre- minimum glazed area required in Section 402.1. mises that do not comply with the requirements of this chapter. Exception: Where rooms and spaces without openings to 401.3 Alternative devices. In lieu of the means for natural the outdoors are ventilated through an adjoining room, the light and ventilation herein prescribed, artificial light or me- unobstructed opening to the adjoining room shall be at least chanical ventilation complying with the International Building 8 percent of the floor area of the interior room or space, but Code shall be permitted. not less than 25 square feet (2.33 m The ventilation open- ings to the outdoors shall be based on a total floor area being ventilated. SECTION. 402 403.2 Bathrooms and toilet rooms. Every bathroom and toilet LIGHT room shall comply with the ventilation requirements for habit - 402.1 Habitable spaces. Every habitable space shall have at able spaces as required by Section 403. 1, except that a window least one window of approved size facing directly to the out- shall not be required in such spaces equipped with a mechani- doors or to a court. The minimum total glazed area for every cal ventilation system. Air exhausted by a mechanical ventila- habitable space shall be 8 percent of the floor area of such tion system from a bathroom or toilet room shall discharge to room. Wherever walls or other portions of a structure face a the outdoors and shall not be recirculated. window of any room and such obstructions are located less than 403.3 Cooking facilities. Unless approved through the certifi- 3 feet (914 mm) from the window and extend to a level above cate of occupancy, cooking shall not be permitted in any room - that of the ceiling of the room, such window shall not be ing unit or dormitory unit, and a cooking facility or appliance deemed to face directly to the outdoors nor to a court and shall shall not be permitted to be present in a rooming unit or donmi- not be included as contributing to the required minimum total tory unit. window area for the room. Exception: Where specifically approved in writing by the Exception: Where natural light for rooms or spaces without code official. exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall 403.4 Process ventilation. Where injurious, toxic, irritating or be at least 8 percent of the floor area of the interior room or noxious fumes, gases, dusts or mists are generated, a local ex- space, but not less than 25 square feet (2.33 m The exterior haust ventilation system shall be provided to remove the con- glazing area shall be based on the total floor area being taminating agent at the source. Air shall be exhausted to the served. exterior and not be recirculated to any space. 403.5 Clothes dryer exhaust. Clothes dryer exhaust systems 402.2 Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one- and two- shall be independent of all other systems and shall be exhausted family dwellings, shall be lighted at all times with at least a 60- in accordance with the manufacturer's instructions. watt standard incandescent light bulb for each 200 square feet (19 m 2 ) of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than 30 feet SECTION 404 (9144 mm). In other than residential occupancies, means of OCCUPANCY LIMITATIONS egress, including exterior means of egress stairways shall be il- 404.1 Privacy. Dwelling units, hotel units, housekeeping units, luminated at all times the building space served by the means of rooming units and dormitory units shall be arranged to provide egress is occupied with a minimum of 1 footcandle (11 lux) at privacy and be separate from other adjoining spaces. floors, landings and treads. 404.2 Minimum room widths. A habitable room, other than a 402.3 Other spaces. All other spaces shall be provided with kitchen, shall not be less than 7 feet (2134 mm) in any plan di- natural or artificial light sufficient to permit the maintenance of mension. Kitchens shall have a clear passageway of not less 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® 13 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS than 3 feet (914 mm) between counterfronts and appliances or TABLE 404.5 counterfronts and walls. MINIMUM AREA REQUIREMENTS 404.3 Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than 7 feet (2134 mm). Exceptions: 1. In one - and two - family dwellings, beams or girders SPACE MINIMUM AREA IN SQUARE FEET 1 -2 occupants 3 -5 occupants 6 or more occupants Living room ,,b No requirements 120 150 Dining room No requirements 80 100 Bedrooms Shall comply with Section 404.4 1- spaced not less than 4 feet (1219 mm) on center and projecting not more than 6 inches (152 mm) below the For Sl: 1 square foot = 0.093 m 2 . Iequired ceiling height. a. See Section 404.5.2 for combined living room/dining room spaces. 2. Basement rooms in one- and two - family dwellings b. See Section 404.5.1 for limitations on determining the minimum occupancy area for sleeping purposes. occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than 6 404.5.1 Sleeping area. The minimum occupancy area re- feet 8 inches (2033 mm) with not less than 6 feet 4 quired by Table 404.5 shall not be included as a sleeping inches (1932 mm) of clear height under beams, gird- area in determining the minimum occupancy area for sleep- ' ers, ducts and similar obstructions. ing purposes. All sleeping areas shall comply with Section 3. Rooms occupied exclusively for sleeping, study or 404.4. similar purposes and having a sloped ceiling over all 404.5.2 Combined spaces. Combined living room and din- or part of the room, with a clear ceiling height of at ing room spaces shall comply with the requirements of Ta- least 7 feet (2134 mm) over not less than one - third of ble 404.5 if ' the total area is equal to that required for the required minimum floor area. In calculating the separate rooms and if the space is located so as to function as floor area of such rooms, only those portions of the a combination living room/dining room. i floor area with a clear ceiling height of 5 feet (1524 mm) or more shall be included. 404.6 Efficiency unit. Nothing in this section shall prohibit an 404.4 Bedroom requirements. Every bedroom shall comply efficiency living unit from meeting the following requirements: ! with the requirements of Sections 404.4.1 through 404.4.5. 1. A unit occupied by not more than two occupants shall 404.4.1 Area for sleeping purposes. Every bedroom occu- have a clear floor area of not less than 220 square feet (20.4 m?). A unit occupied by three occupants shall have pied by one person shall contain at least 70 square feet (6.5 a clear floor area of not less than 320 square feet (29.7 m 2 ) of floor area, and every bedroom occupied by more than 111 These required areas shall be exclusive of the areas one person shall contain at least 50 square feet (4.6 m 2 ) of required by Items 2 and 3. floor area for each occupant thereof. 2. The unit shall be provided with a kitchen sink, cooking 404.4.2 Access from bedrooms. Bedrooms shall not con- appliance and refrigeration facilities, each having a clear stitute the only means of access to other bedrooms or habit - working space of not less than 30 inches (762 mm) in i able spaces and shall not serve as the only means of egress front. Light and ventilation conforming to this code shall from other habitable spaces. be provided. Exception: Units that contain fewer than two bedrooms. 3. The unit shall be provided with a separate bathroom con- 404.4.3 Water closet accessibility. Every bedroom shall taming a water closet, lavatory and bathtub or shower. have access to at least one water closet and one lavatory 4. The maximum number of occupants shall be three. without passing through another bedroom. Every bedroom 404.7 Food preparation. All spaces to be occupied for food in a dwelling unit shall have access to at least one water preparation purposes shall contain suitable space and equip- closet and lavatory located in the same story as the bedroom ment to store, prepare and serve foods in a sanitary manner. or an adjacent story: There shall be adequate facilities and services for the sanitary 404.4.4 Prohibited occupancy. Kitchens and "nonhabitable disposal of food wastes and refuse, including facilities for tem- spaces shall not be used for sleeping purposes. porary storage, 404.4.5 Other requirements. Bedrooms shall comply with = the applicable provisions of this code including, but not lim- ited to, the light, ventilation, room area, ceiling height and room width requirements of this chapter; the plumbing fa- cilities and water- heating facilities requirements of Chapter 5; the heating facilities and electrical receptacle require- ments of Chapter 6; and the smoke detector and emergency escape requirements of Chapter 7. 404.5 Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area require- ments of Table 404.5. i 14 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® CHAPTER..5 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS SECTION 501 GENERAL 501.1 Scope. The provisions of this chapter shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided. 501.2 Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner - occupant or permit another person to occupy any structure or premises which does not comply with the require- ments of this chapter. [P] SECTION 502 REQUIRED FACILITIES 502.1 Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory. 502.2 Rooming houses. At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units. 502.3 Hotels. Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be pro - vided for each ten occupants. 502.4 Employees' facilities. A minimum of one water closet, one lavatory and one drinking facility shall be available to em- ployees. 502.4.1 Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or dis- posable cups next to a sink or water dispenser. Drinking fa- cilities shall not be located in toilet rooms or bathrooms. [P] SECTION 503 TOILET ROOMS 503.1 Privacy. Toilet rooms and bathrooms shall provide pri- vacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking de- vice shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling. 503.2 Location. Toilet rooms and bathrooms serving hotel 1 units, rooming units or dormitory units or housekeeping units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway. 503.3 Location of employee toilet facilities. Toilet facilities shall have access from within the employees' working area. The required toilet facilities shall be located not more than one story above or below the employees' working area and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate facilities or combined employee and public facilities. Exception: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the em- ployees' regular working area to the facilities. 503.4 Floor surface. In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary "condition. [P] SECTION 504 PLUMBING SYSTEMS AND FIXTURES 504.1 General. All plumbing fixtures shall be properly in- stalled and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of per- forming the function for which such plumbing fixtures are de- signed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition. 504.2 Fixture clearances. Plumbing fixtures shall have ade- quate clearances for usage and cleaning. 504.3 Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occu- pants or the structure by reason of inadequate service, inade- quate venting, cross connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the code official shall require the defects to be corrected to elimi- nate the hazard. SECTION 505 WATER SYSTEM 505.1 General. Every sink, lavatory, bathtub or shower, drink- ing fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an ap- proved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the International Plumbing Code. [P] 505.2 Contamination. The water supply shall be main- tained free from contamination, and all water inlets for plumb- ing fixtures shall be located above the flood -level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® 15 i G PLUMBING FACILITIES AND FIXTURE REQUIREMENTS i ti hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric -type vac - uum breaker or an approved permanently attached hose con- nection vacuum breaker. 505.3 Supply. The water supply system shall be installed and maintained to provide a supply. of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pres- sures adequate to enable the fixtures to function properly, safely, and free from defects and leaks. 505.4 Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature i of not less than 110 °F (43 °C). A gas- burning water heater shall not be located in any bathroom, toilet room, bedroom or other I occupied room normally keptclosed, unless adequate combus- tion air is provided. An approved.combination temperature and pressure -relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. [P] SECTION 506 SANITARY DRAINAGE SYSTEM 506.1 General. All plumbing fixtures shall be properly con - nected to either a public sewer system or to an approved private sewage disposal system. 506.2 Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from ob- structions, leaks and defects. [P] SECTION 507 STORM DRAINAGE 507.1 General. Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be dis- charged in a manner that creates a public nuisance. 16 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE@ CHAPTER 6 MECHANICAL AND ELECTRICAL REQUIREMENTS SECTION 601 [DATE] to [DATE] to maintain a temperature of not less than 65 °F GENERAL (18 °C) during the period the spaces are occupied. 601.1 Scope. The provisions of this chapter shall govern the Exceptions: minimum mechanical and electrical facilities and equipment to 1. Processing, storage and operation areas that require be provided. cooling or special temperature conditions. 601.2 Responsibility. The owner of the structure shall provide 2• Areas in which persons are primarily engaged in vig- and maintain mechanical and electrical facilities and equip- orous physical activities. ment incompliance with these requirements. A person shall not 602.5 Room temperature measurement. The required room occupy as owner - occupant or permit another person to occupy temperatures shall be measured 3 feet (914 mm) above the floor any premises which does not comply with the requirements of near the:center of the room and 2 feet (610 mm) inward from this chapter. - the center of each exterior wall. SECTION 602 SECTION 603 HEATING FACILITIES MECHANICAL EQUIPMENT` 602.1 Facilities required. Heating facilities shall be provided 603.1 Mechanical appliances. All mechanical appliances, in structures as required by this section. fireplaces, solid fuel- burning appliances, cooking appliances 602.2 Residential occupancies. Dwellings shall be provided and water heating appliances . shall be properly installed and maintained in a safe working condition, and shall be capable of with heating facilities capable of maintaining a room tempera- performing the intended function. ture of 68 °F (20 °C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the 603.2 Removal of combustion products. All fuel- burning locality indicated in Appendix D of the International Plumbing equipment and appliances shall be connected to an approved Code. Cooking appliances shall not be used to provide space chimney or vent. heating to meet the requirements of this section. Exception: Fuel- burning equipment and appliances which Exception: In areas where the average monthly temperature are labeled for unvented operation: is above 30 °F ( -1 °C), a minimum temperature of 65 °F 603.3 Clearances. All required clearances to combustible ma- (18 °C) shall be maintained. terials shall be maintained. 602.3 Heat supply. Every owner and operator of any building 603.4 Safety controls. All safety controls for fuel- burning who rents, leases or lets one or more dwelling unit, rooming equipment shall be maintained in effective operation. unit, dormitory orguestroom on terms, either expressed or im- plied, to furnish heat to the occupants thereof shall supply heat 603.5 Combustion air. A supply of air for complete combus- during the period from [DATE] to [DATE] to maintain atempera- °F °C) tion of the fuel and for ventilation of the space containing the fuel- burning equipment shall be provided for the fuel- burning ture of not less than 68 (20 in all habitable rooms, bath- equipment. rooms, and toilet rooms. Exceptions: 603.6 Energy conservation devices. Devices intended tore - duce fuel consumption by attachment to a fuel - burning appli- 1. When the outdoor temperature is below the winter ance, to the fuel supply line thereto,'or to the vent outlet or vent outdoor design temperature for, .the locality, mainte- piping therefrom, shall not be installed unless labeled for such nance of the minimum room temperature shall not be purpose and the installation is specifically approved. required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in SECTION 604 Appendix D of the International Plumbing Code. ELECTRICAL. FACILITIES 2. In areas where the average monthly temperature is 604.1 Facilities .required. Every occupied building shall be I above 30 °F ( -1 °C) a minimum temperature of 65 °F provided with an electrical system in compliance with there- (18 °C) shall be maintained, quirements of this section and Section 605. 602.4 Occupiable work spaces. Indoor occupiable work 604.2 Service. The size and usage of appliances and equipment spaces shall be supplied with heat during the period from shall serve as a basis for determining the need for additional fa- 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® 17 MECHANICAL AND ELECTRICAL REQUIREMENTS cilities in accordance with the ICC Electrical Code. Dwelling units shall be served by a three -wire, 120/240 volt, single - phase electrical service having a rating of not less than 60 am- peres. 604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occu- pants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be cor- rected to eliminate the hazard. SECTION 605 ELECTRICAL EQUIPMENT 605.1 Installation. All electrical equipment, wiring and appli- ances shall be properly installed and maintained in a safe and approved manner. 605.2 Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Ev- ery laundry area shall contain at least one grounded -type recep- tacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit inter- rupter protection. 605.3 Lighting fixtures. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain at least one electric lighting fixture. SECTION 606 ELEVATORS, ESCALATORS AND DUMBWAITERS 606.1 General. Elevators, dumbwaiters and escalators shall be maintained to sustain safely all imposed loads, to- operate prop - erly, and to be free from physical and fire hazards. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter; or the certificate shall be available for public inspection in the office of the building operator. 606.2 Elevators. In buildings equipped with passenger eleva- tors, at least one elevator shall be maintained in operation at all times when the building is occupied. Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing. SECTION 607 DUCT SYSTEMS 607.1 General. Duct systems shall be maintained free of ob- structions and shall be capable of performing the required func- tion. 18 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® CHAPTER 7 I FIRE SAFETY REQUIREMENTS SECTION 701 GENERAL 701.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided. 701.2 Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in com- pliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any pre- mises that do not comply with the requirements of this chapter. [F] SECTION 702 MEANS OF EGRESS 702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the Inter- national Fire Code. 702.2 Aisles. The required width of aisles in accordance with the International Fire Code shall be unobstructed. 702.3 Locked doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the International Building Code. 702.4 Emergency escape openings. Required emergency es- cape openings shall be maintained in accordance with the code in effect at the time of construction, and the following. Re- quired emergency escape and rescue openings shall be opera- tional from the inside of the room without the use of keys or no tools. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening. [F] SECTION 703 FIRE-RESISTANCE RATINGS 703.1 Fire-resistance-rated assemblies. The required fire-re- sistance rating of fire-resistance-rated walls, fire stops, shaft enclosures, partitions and floors shall be maintained. 703.2 Opening protectives. Required opening protectives shall be maintained in an operative condition. All fire and smokestop doors shall be maintained in operable condition. Fire doors and smoke barrier doors shall not be blocked or ob- structed or otherwise made inoperable. [F] SECTION 704 FIRE PROTECTION SYSTEMS 704.1 General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combi- nation thereof shall be maintained in an operable condition at all times in accordance with the International Fire Code. - .704.2 Smoke alarms. Single or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4 and in dwellings not regulated in Group R occupancies, regardless of occupant load at all of the following locations: 1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms. 2. In each room use d for sleeping purposes. 3. In each story within a dwelling unit, including basements and cellars but not including crawl spaces and uninhabit- able attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. Single or multiple-station smoke alarms shall be installed in other groups in accordance with the International Fire Code. 704.3 Power source. In Group R occupancies and in dwellings not regulated as Group R occupancies, single-station smoke alarms shall receive their primary power from the building wir- ing provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for overcurrent protection. Exception: Smoke alarms are permitted to be solely battery operated in buildings where no construction is taking place, buildings that are not served from a commercial power source and in existing areas of buildings undergoing alter- ations or repairs that do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for building wiring without the removal of interior finishes. 704.4 Interconnection. Where more than one smoke alarm is required to be installed within an individual dwelling unit in Group R-2, R-3, R-4 and in dwellings not regulated as Group R occupancies, the smoke alarms shall be interconnected in such a manner that the activation of one alarm will activate all of the 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE@ 19 IIr FIRE SAFETY REQUIREMENTS alarms in the individual unit. The alarm shall be clearly audible in all bedrooms over background noise levels with all interven- ing doors closed. Exceptions: 1. Interconnection is not required in buildings which are not undergoing alterations, repairs, or construction of any kind. 2. Smoke alarms in existing areas are not required to be in- terconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or base- ment available which could provide access for intercon- nection without the removal of interior finishes. CHAPTER 8 REFERENCED STANDARDS This chapter lists the standards that are referenced in various sections of this document. The standards are listed herein by the pro- mulgating agency of the standard, the standard identification, the effective date and title and the section or sections of this document that reference the standard. The application of the referenced standards shall be as specified in Section 102.7. International Code Council I 5203 Leesburg Pike, Suite 600 J Falls Church, VA 22041 Standard Referenced reference in code number Title section number ICC EC-03 ICC Electrical CodeTM — Administrative Provisions ................. ............................... 201.3,604 * 2 IBC-03 International Building Code@ .................. ............................... 201.3, 302.7.1, 401.3, 702.3, 702. IEBC -03 International Existing Building CodeTM ..................................................... 101.3, 102.3, 201.3 IFC-03 International Fire Code@ .........:.... 201.3, 702.1, 702.2, 704.1, 704.2 i IMC-03 International Mechanical Code® ............. ............................... ..........................201.3 IPC-03 International Plumbing CodeO ........................ ............................... 201.3, 505.1, 602.2, 602.3 e IZC-03 International Zoning Code® ..................................... ............................... 102.3, 201.3 h I L I 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE@ 21 jr ii& INDEX A APPROVED Alternative materials, methods and ACCEPTED ENGINEERING METHODS ....... 104.2 equipment ......................... 105.2 ACCESS Definition ............................. 202 Egress ............................... 702 Energy conservation devices ............ 603.6 From bedrooms ..................... 404.4.2 Fireplaces ........................... 603.1 Plumbing fixtures, access for cleaning ..... 504.2 Garbage storage facilities ............. 307.3.1 To public way ........................ 702.1 Modifications ........................ 105.1 Toilet room as passageway ............. 503.1 Used materials and equipment........... 105.4 Water closet.................... ... 404.4.3 ARCHITECTURAL ADJACENT Structural members ................... 304.4 Privacy (hotel units, rooming units) ....... 404.1 Trim ................................ 304.8 ADMINISTRATION ARTIFICIAL Scope .................... .... .. 101.2 Lighting of habitable rooms ............. 401.3 AGENT (See also OPERATOR) .... ...... . 202 Lighting of other spaces ................ 402.3 (See OWNER) AUTOMOBILE AIR Motor vehicles ....................... 302.8 Combustion air .... ....... ........ 603.5 AWNING AISLES Signs, marquees and awnings ........... 304.9 Minimum width .. .............. . .. 702.2 ALTERATION Applicability of other codes. ............. 102.3 B Condemnation ....... .. .... 108.1, 108.2 Inspection ........................... 104.3 BALCONY Prosecution .......................... 106.3 Handrails and guardrails ............... 306.1 Unlawful.acts ............ ..........106.1 Maintenance .................. 304.12, 305.5 ANCHOR BASEMENT Architectural trim ....... ...... . 304.8 Definition ....... .... . 202 Signs, marquees and awnings ........... 304.9 Hatchways ......................... 304.16 APPEAL Windows......... ....... ......... 304.17 Application . . ............. ....... 111.1 BATHROOM Board decision ............... :.111.6 Common bathrooms .............. 502.3, 503.1 Board of appeals ..................... 111.2 Hotels ......... . 502.3 Court review......... .... ... .. 111.7 Lighting ............................. 605.3 Disqualification ..................... 111.2.3 Locks ...................... . 503.1 Financial interest .................... 111.2.3 Outlets required ........ 605.2 Hardship :. ..........................111.1 Privacy. .............. ..........503.1 Hearing, emergency orders ............. 109.6 Ventilation........... ... . 403.2 f Membership ......................... 111.2 BATHTUB Notice of appeal ..... 111.1 Required facilities .502.1 Postponed hearing .. .. • .. 111.5 .... .... Rooming houses 502.2 Records . .... .. ... Right to appeal .. .104:7 111.1 ......... Sewage system .:........ ......:...506.1 Vote ✓ 111.6 Water heating facilities . . 505.4 .. ............. ... .. Water system ........................ 505.1 APPLIANCE BOIL Cooking ....................... Heating .. ......... ... ... 403.3, 602.2 602.2, 603.1 Unsafe e equipment . .................. 108.1.2 Mechanical .......................... 603.1 APPLICATION C Other codes .......... ......... .. 102.3 APPROVAL Alternatives ..... .......... .........105.2 CAPACITY` Authority .... ......... ..... 104.1, 105.2 Heating facilities ........... 602:2, 602.3, 602.4 i Modifications ........................ 105.1 CAR (See AUTOMOBILE) I � 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® 23 INDEX CEILING Water system .......................... Basement rooms ..................... 404.3 Fire- resistance ratings ................. 703.1 Interior surfaces ...................... 305.3 Minimum height ...................... 404.3 CHANGE, MODIFY Failure to comply ...................... Application of other codes .............. 102.3 CHIMNEY Notices and orders .............. Exterior structure .................... 304.11 Fireplaces ........................... 603.1 Flue .. . ............. ..... ..603.2, 603.3 CLEANING Conflict of interest .... .... Access for cleaning ................... 504.2 Bathroom and kitchen floors ....... 305.3, 503.4 Disposal of garbage ................... 307.3 Disposal of rubbish .................... 307.2 Interior sanitation ....... 307.1 Interior surfaces ...................... 305.3 Occupant . ..........................305.1 Plumbing facilities, maintained ........... 504.1 Required plumbing facilities .............. 502 Responsibility of persons ............... 305.1 Trash containers ....... ..... .... 307.3.2 Vacant structures and land...... ...... 301.3 CLEARANCE CONTINUOUS Heating facilities ...................... 603.3 Plumbing fixtures ..................... 504.2 CLOSING Conflict of interest ................... Streets ............................. 109'.3 Vacant structures ..................... 108.2 CLOTHES DRYER Safety controls ....................... Exhaust . ... .................. 403.5. CODE OFFICIAL Cooling towers . ...................304.11 Condemnation ........................ 108.1 Coordination of enforcement ............ 104.8 Demolition ............. ..... ....... 110 Duties ............... ........... .104 Emergency order ....................... 109 Enforcement authority ................... 104 Failure to comply with demolition order .... 110.3 Identification ......... ..... ....... 104.5 Inspections .......................... 104.3 Liability, relief of personal ............... 103.5 Membership of board of appeals ......... 111.2 Notice of violation ........ ..... . 104.6, 107 Notices and orders ... . .. ._...107 Official records ..... ..... .... 104.7 , Personal liability ... .... ........ 103.5 Placarding ............. .. ...... 108.4 Prosecution ......................... 106.3 Removal of placard... ... .......... 108.6 Right of entry ......................... 104.4 Rule- making authority .. ........... . 104.2 Transfer of ownership .................. 107.5 Vacant structures ..................... 108.2. Voting of appeals board........... 111.2, 111.6 COLD WATER Drinking ............................ 502.4 Required facilities .......................502 24 Rooming houses ..................... 502.2 Water system .......................... 505 COMBUSTION Combustion air ....................... 603.5 CONDEMNATION Closing of vacant structures ............. 108.2 Failure to comply ...................... 110.3 General ............................. 108.1 Notices and orders .............. 108.2, 108.3 Placarding .......................... 108.4 Removal of placard .................... 108.6 CONFLICT Conflict of interest .... .... ........ 111.2.3 Coordination of inspections ............. 104.8 Violations ........................... 106.1 CONNECTION Plumbing fixtures . ................... 504.1 Sewage system ....................... 506.1 Water heating .............. 505.4 Water system ............. ....... . 505.1 CONSTRUCTION Existing structures .................... 101.2 CONTAINER Garbage ............. ...........307.3.2 Rubbish storage .................... 307.2.1 CONTINUOUS Egress .............. .......... 702.1 CONTRACTOR Conflict of interest ................... 111.2.3 CONTROL Insect and rat control ....... 302.5, 304.5, 307.1 Safety controls ....................... 603.4 COOLING Cooling towers . ...................304.11 CORRIDOR Accumulation of rubbish ................ 307.1 Light ................ .............402.2 Lighting fixtures ...................... 605.3 Ratings maintained ..................... 703 Toilet rooms, access.... ............. 503.1 D DAMP, DAMPNESS' Roofs .. ..... ...... 304.7 Window, door frames ................. 304.13 DANGEROUS, HAZARDOUS Condemnation .......... .... ..... 108.1 Demolition .. . ............... 110 Electrical hazards ..................... 604.3 Elevators.. .................... ..606.1 ... Existing remedies ..................... 102.4 Fire safety ........................... 701.1 Heating facilities .................. 602, 603.1 Imminent danger .......................202 Unsafe structures and equipment .......... 108 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® INDEX DECKS Common halls and stairways ............ 402.2 Handrails and guardrails .............. 304.12 Emergency escape............. ... 702.4 Maintenance ....... ....: . 304.2, 304.10 Exit facilities . ............:......... 305.4 DECORATION General.... .............. .... 702.1 Exterior structure ...... ....... .... 304.8 Lighting ............................. 402.2 DEMOLITION _ Locked doors . ...................... 702.3 Existing remedies ..................... 102.4 Obstructions prohibited ................ 702.1 Failure to comply ......... .. ...... 110.3 Stairs, porches and General .............................. 110 railings.............. . 304.10, 305.5, 306.1 Order .............................. 110.2 ELECTRIC, ELECTRICAL Salvage materials ..................... 110.4 Condemnation ....................... 108.1 Violations ........................... 110.3 Facilities required ..................... 604.1 DETECTORS General ............................. 601.1 Smoke ... ............................704 Hazards .. ..........................604.3 DETERIORATION Installation ........................... Lighting fixtures ...................... 605.1 605.3 Exterior walls ........................ 304.6 Receptacles .................... 604.3, 605.2 DIRECT Responsibility ...... .......... . 601.2 Egress ..................... ......702.1 Service ......................... ..604.2 DISPOSAL. ELEVATOR Disposal of garbage ................... 307.3 Condemnation ........... ......:... 108.1 Disposal of rubbish.... ........... . 307.2 General...... ......... .......... 606.1 DOOR Maintenance ................... 606.1, 606.2 Exit doors ........................... 702.3 EMERGENCY Fire ................................ 703.2 Emergency measures. . ....... 109 Hardware .......................... 304.15 Emergency orders ........ ..109.1 Insect screens ........... ..........304.14 Escape........................ ...702.4 Interior surfaces ...................... 305.3 ENFORCEMENT Locks ....... .. ..... 304.15, 702.3 Coordination ......................... 104.8 Maintenance ................. 304.13, 304.15 Duties and powers............... 104 Weather tight .......................304.13 Scope............. ............ .. Window and door frames .............. 304.13 .101.2 EQUIPMENT DORMITORY (ROOMING HOUSE, HOTEL, MOTEL) Alternative ......... Locked doors...... ................702.3 ............105.2 Combustion air. ..603.5 Privacy........... ....... . 503.1, 503.2 Condemnation ................ 108.1.2, 108.3 DRAIN, DRAINAGE Electrical installation ................... 605.1. Basement hatchways ................. 304.16 Emergency order ... ........ ...... 109.1 Grading ............................. 304.7 Energy conservation devices ............ 603.6 Plumbing connections ................... 506 Fire safe requirements, responsibility safety q p ty ....701.2 Storm drainage .. ................. .. 507 Flue ..................... ... . 603.2 DUCT Installation ........................... 603.1 Exhaust duct....... ............ . 304.9 Interior structure ....................... 305.1 DUST Placarding ..................... 108.3, 108.4 Process ventilation . ...... ......... 403.4 Prohibited use ...... ................ 108.5 - DWELLING Responsibility ..... ............. . 601.2 Cleanliness : ..... .... .305.1, 307.1 Safety controls .. .. ........... . 603.4 Definition . .. ........ 202 Scope..... ....... :........... . 101.2 Electrical ... ............. ..... 604.1 Scope, mechanical and electrical......... 601 . 1 ...... facilities ............ . ......... 602 Unsafe ..... .................. ... 108 Required facilities ...................... 502 Used .......... .. ............... 105.4 Space requirements . ....... ...... 404.5 EXCEPTION Rule- making authority .... . ......... 104.2 E EXHAUST Clothes dryer ........................ 403.5 Exhaust ducts ........................ 304.9 EASEMENT Process ventilation .................... 403.4 Definition. ........ ...................202 EXISTING EGRESS Remedies ........................... 102.4 Aisles. ...... .............. ....702.2 Scope .............................. 101.2 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE@ 25 INDEX Structural members ................... 304.4 Structures ........................... 101.3 EXTERIOR Decorative features ................... 304.8 Egress ............. ....... .....702.1 Exterior structure ....................... 304 Exterior walls ........................ 304.6 Painting :............... .. . 304.2, 304.6 Rodent harborage ............... 302.5, 303.5 Sanitation .... ...... ............ 303.1 Scope .................. ..........301.1 Stair .................. ... ...... 303.10 Street numbers......... ............ 303.3 Weather tight ....................... 303.13 EXTERMINATE Definition ............................. 202 Insect and rat control .......... 302.5, 303.5, 303.14, 306.1 Responsibility of owner ........... 301.2, 306.2 Responsibility of tenant- occupant ... 306.3, 306.5 F FAN Exhaust vents........ .............. 302.6 FEES, EXPENSES, COST Closing vacant structures .... ....... . 108.2 Demolition ............... 110.1, 110.3, 110.4 Extermination ....... 306.2, 306.3, 306.4, 306.5 General......... .................. 103.5 Relief from personal liability ............. 103.4 Responsibility, fire safety .... .. . ... 701.2 FENCE Accessory ........... ..............302.7 Maintenance ......................... 304.2 FIRE Fire- resistance ratings .... .. ..... . 703.1 General, fire - protection systems ........... 704 Protection systems ..................... 704 Responsibility, fire safety ......... . . 701.2 Scope .......................... ..101.2 Scope, fire safety ........ ... , ..... 701.1 Smoke detectors ...................... 704.1 FLAMMABLE LIQUID Containers.... .......... .. .. ..108.1.2 FLOOR, FLOORING Area for sleeping purposes ............ 404.5.1 Fire- resistance ratings . ... .... . 703.1 Interior surfaces...... .. 305.1, 305.3 Space requirements ...... . . 404.5, 404.6 FOOD PREPARATION Cooking equipment ..............403.3, 602.2 Sanitary condition ............... 305.1, 404.7 Ventilation ... ............. .. 403.4 FOUNDATION Condemnation ...................... 108.1.1 Foundation walls ...................... 304.5 FRAME Window and door frames ... .. .... 304.13 G GAS Energy conservation devices ............. 603.6 Exhaust vents..... 302.6 . Process ventilation ......... ....... .... 403.4 GLAZING Materials ......................... 304.13.1 GRADE Drainage ........................ 302.2, 507 GUARD Basement windows ................... 304.17 Definition ............................. 202 Handrails .......................... 304.12 H HABITABLE Definition ........................... 202 Light..... ............................402 Minimum ceiling height ................. 404.3 Minimum room width ................:. 404.2 Nonresidential heating facilities .......... 602.4 Prohibited use ...................... 404.4.4 Required plumbing facilities ...... ...... 502 Residential heating facilities ....... 602.2, 602.3 Space requirements ................. 404.5 Ventilation ............................ 403 HANDRAIL Handrails ............. 304.12, 305.5, 306.1 Stairs and porches ................... 304.10 HARDWARE Door hardware ................. 304.15, 702.3 Openable windows ................. 304.13.2 HAZARDOUS (See DANGEROUS, HAZARDOUS) HEAT, HEATING Bathtub or shower .................... 505.4 Cooking equipment .............. 403.3, 602.2 Energy conservation devices ............ 603.6 Fireplaces ............ .. .. .... 603.1 Heating...... .. 603.1 Kitchen sink ............. ...... .. 505.4 Mechanical equipment .... ......... . 603.1 Required capabilities .................... 602 Residential heating ............... 602.2, 602.3 Scope .......................... ..101.2 Supply ................... ... . 602.3 Water closet and lavatory ............... 505.4 Water heating . ........................ 505.4 Water system......... ............... 505 . HOUSEKEEPING UNIT, Definition ............................. 202 HEIGHT Minimum ceiling height............. . 404.3 HOT (See HEAT, HEATING) 26 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® s HOTELS, ROOMING HOUSES AND DORMITORY UNITS, MOTELS Definition ... ..... ....... 202 .Locked doors.... ..................702.3 Privacy ............................. 503.1 Toilet rooms ......................... 503 IDENTIFICATION Code official ......................... 104.5 INFESTATION 505.4 Condemnation ...................... 108.1.3 Definition ............................. 202 Insect and rat ............ 302.5, 304.14, 307.1 INSECTS Rooming houses ....... .............502.2 Extermination ......................... 308 Garbage storage facilities.......... . 307.3 Infestation ........................... 308.1 Insect screens ...................... 304.14 INSPECTIONS Heat supplied .......... .............. Coordination . ............... ...... 104.8 General ............................. 104.3 Right of entry ........................ 104.4 INSPECTOR Closing of vacant structures ............. Coordination of inspections ............. 104.8 Identification .......... .......... .. 104.5 Inspections .......... ...... 104.3 Official records ....................... 104.7 INTENT Fixtures ............................. Code ...... .........................101.3 General ................. ....... Rule- making authority ................. 104.2 INTERIOR Other spaces ........................402.3 Interior structure ....................... 305 Interior surfaces ...................... 305.3 Means of egress ....................... 702 Sanitation ........................... 305.1 INDEX LAUNDRY Room lighting ........................ 605.3 Water heating facilities., ............... 505.4 LAVATORY Hotels .............................. 502.3 Required facilities ...................... 502 Rooming houses ....... .............502.2 Sewage system ........................ 506 Water heating facilities ................. 505.4 Water system.. ...................... 505 LEASE (SELL, RENT) K Heat supplied .......... .............. 602.3 Salvage materials.. ......... ....... 110.4 Transfer of ownership .................. 107.5 LIEN KITCHEN Closing of vacant structures ............. 108.2 Demolition .......................... 110.3 Failure to comply ..... ........... . 110.3 LIGHT, LIGHTING Floors ..... Common halls and stairways....... 402.2, 605.3 Fixtures ............................. 605.3 General ................. ....... .402 Habitable rooms ...................... 402.1 Other spaces ........................402.3 Installation Responsibility ........................ 401.2 Scope .... ..........................101.2 Responsibility . Spaces or rooms .................... 402.1 Toilet rooms ...... ........ ........ 605.3 LIVING ROOM Minimum occupancy area requirements ... 404.5 LOAD, LOADING Elevators, escalators and dumbwaiters .... 606.1 Handrails .......................... 304.12 Live load ...................... 304.4, 305.2 Stairs and porches ............. 304.10, 305.2 Structural members......... ... 304.4, 305.2 M J JURISDICTION MAINTENANCE Title .......................... ....101.1 Required ............................ 102.2 MATERIAL Alternative 105.2 K . Clearances, heating facilities ............ 603.3 . Salvage .. .. ..... 1.10.4 KITCHEN Used .. ....... 105.4 Electrical outlets required.......... ... 605.2 MEANS OF EGRESS (See EGRESS) Floors ..... 304.3 MECHANICAL Kitchen sink ... .... ... .... .... 502.1 Garbage facilities.. .................. 307.3.1 Minimum width ....................... 404.2 Installation 603.1 Prohibited use ...................... 404.4.4 Responsibility . 601.2 Water heating facilities .................505.4 Scope .............................. 601 1 I Ventilation, general ..................... 403 L Ventilation, toilet rooms ................. 403.2 MINIMUM LANDING Ceiling height ........................ 404.3 Handrails and guards ...... 304.12, 305.4, 305.5 Occupancy area requirements ........... 404.5 306.1 Room width ......................... 404.2 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® 27 INDEX Scope ...... . .................... 301.1 Insect and rat control ....... 302.5, 308.2, 308.4 MODIFICATION Notice ..... ........ ........ 107.1, 108.3 Approval ....... ................... 105.1 Placarding of structure ................. 108.4 MOTEL (See HOTELS) Responsibility ........................ 301.2 MOTOR VEHICLES Responsibility, fire safety ............... 701.2 Inoperative ............. :..... :.. :...302.8 Responsibility, light, ventilation..........'. 401.2 Painting..... ....... ...... ... 302.8 Responsibility, mechanical and electrical.... 601.2 Responsibility, plumbing facilities ......... 501.2 Right of entry ........................ 104.4 N Rubbish storage .................... 307.2.1 Scope ............... .............101.2 NATURAL Transfer of ownership .................. 107.5 Lighting ......................... 401.3, 402 Ventilation...... ........ ..... 401.3, 403 NOTICE Appeal ... ..........................111.1 P Form....................... ......107.2 Method of service ..................... 107.3 PASSAGEWAY Orders ......... 107 Common hall and stairway........ . 402.2 Owner, responsible person .............. 107.1 Interior surfaces ...................... 305.3 Penalties ............................ 107.4 Toilet rooms, direct access .............. 503.1 Placarding of structure .. ........... . 108.4 PENALTY Transfer of ownership .................. 107.5 Notices and orders .................... 107.4 Vacating structure ............... . 108.2 Placarding of structure ................. 108.4 NOXIOUS Prohibited use ....................... 108.5 Process ventilation ................ , .. 403.4 Removal of placard.................... 108.6 Weeds ....... ..... .............. 302.4 Scope ............ ... 101.2 NUISANCE Violations ........................... 106.4 Closing of vacant structures............. 108.2 PEST (VERMIN) Condemnation ....................... 108.1 Extermination ........................ 308.1 Q Insect and rat control ...... 302.5, 304.14, 308.1 PLACARD,POST OBSTRUCTION Closing ..................... ......`108.2 Light ............................... 402.1 Condemnation ..................... 108.1 Right of entry ........................ 104.4 Demolition ............................ 110 OCCUPANCY (See USE) Emergency, notice .................... 1og.1 OPEN Notice to owner ................. 107.1, 108.3 Habitable rooms ...................... 403.1 Placarding of structure ................. 108.4 Locked doors .. 702.3 Prohibited use ....................... 108.5 OPENABLE Removal . ................ ........108.6 Definition . ...... .......... PLUMBING .......202. Locked doors...... .. .............702.3 Access ................. .........504.2 Windows . ...... ..... .......304.13.2 Clean and sanitary ........... .. .504.1 OPERATOR Connections ......................... 505.1 Definition 202 Contamination . 505.2 . ......... ....... ORDER (See NOTICE) Employee's facilities ................... 503.3 Fixtures.......... 504.1 ORDINANCE, RULE. _ Required facilities ............. 502 Applicability . . ................... 102 Responsibility ........................501.2 Application for appeal .................. 111.1 Sanitary drainage system ................ 506 OUTLET Scope ............................ .501.1 Electrical .. ..................... . 605.2 Storm drainage ........................ 507 OWNER Supply ........... .......... .... 505.3 Closing of vacant structures ............. 108.2 PORCH Definition ...... .................. ... 202 Handrails ............... 304.12, 305.5, 306.1 Demolition .... ..... . .......... 110 Structurally sound .................... 304.10 Extermination . ......... ........... 308.2 PORTABLE (TEMPORARY) Failure to comply ..................... 110.3 Cooking equipment ................... 603.1 28 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® INDEX PRESSURE Water supply......... .............. 505.3 PRIVATE, PRIVACY Bathtub or shower .................... 503.1 Occupancy limitations ................. 404.1 Required plumbing facilities .............. 502 Sewage system .. .... .......... 506.1 Water closet and lavatory .... ....... 503.1 Water system ........................ 505.1 PROPERTY, PREMISES 304.9 Access to public property ... ...... .. 702.1 Cleanliness .................... 304.1, 307.1 Condemnation....... ...............108 102.5 Definition ............................. 202 Demolition ...... .................. . 110 Emergency measures ........:.......... 109 Exterior areas ........ .......... . 302 Extermination, multiple occupancy .. 302.5, 308.4 Extermination, single occupancy.... 302.5, 308.3 Failure to comply ..................... 110.3 Grading and drainage .................. 302.2 Responsibility ..... .......... ..... 301.2 Scope .................. ... .. ..301.1 Storm drainage ........................ 507 Vacant structures and land .............. 301.3 PROTECTION Placarding of structure .... .... Basement windows .................. 304.17 Fire- protection systems .:....... ... .. 704 Signs, marquees and awnings ........... 304.9 PUBLIC REVOKE, REMOVE Access to public property ............... 702.1 Cleanliness ......... ... .... 304.1, 305.1 Egress ...... ............. ..702.1 Hallway ... ........... .... ... 502.3 Sewage system ...................... 506.1 Toilet rooms .. ........................503 Duties and powers of code official ........ Vacant structures and land .............. 301.3 Water system... .................. . 505 PUBLIC WAY Exterior structure ..................... Definition ............................. 202 R Storm drainage ........................ RAIN ROOM Basement hatchways .......... ... . 304.16 Exterior walls .......... .. ....... 304.6 Grading and drainage... ........... 303.2:. Roofs ......... .. .... ... 304.7 Window and door frames .............. _ 304.13 RATS Minimum ceiling heights ................ 404.3 Basement hatchways ................. 304.16 Condemnation .........................108 Overcrowding . ..... ............ . .. 404:5 Exterior surfaces ............ .. .. 304.6 Extermination .. ....... .. ... 302.5, 308 Guards for basement windows.......... 304.17 Harborage ........... ..............302.5 602.5 Insect and rat control .................. 308.1 RECORD 403 Official records .... .. ....... . 104.7 REHABILITATION Intent .......................... 101.3 REPAIR Application of other codes .............. 102.3 Chimneys .......... ............ . 304.11 Demolition .... .......... ...... . 110.1 Exterior surfaces ..................... 304.1 Maintenance ........................ 102.2 Public areas .......... 302.3 Signs, marquees and awnings ........... 304.9 Stairs and porches ................... 304.10 Weather tight ....................... 304.13 Workmanship .... .... .......... 102.5 REPORTS Test reports ........................ 105.3.3 RESIDENTIAL Extermination ... .. . , , 308 Residential heating .................... 602.2 Scope.... .............. ........101.2 RESPONSIBILITY Extermination .... .................. 308 Fire safety.. ............. .. ..... 701.2 Garbage disposal ............ General ................... Mechanical and electrical...... 601.2 Persons ......................... 301.1 Placarding of structure .... .... 108.4 Plumbing facilities... ............... 501.2 Rubbish storage ............ . ....... 307.2.1 Scope ............ .. ..... 101.2, 301.1 REVOKE, REMOVE Demolition ............................ 110 Existing remedies s... ............... 102.4 Process ventilation .................... 403.4 Removal of placard..... ......... .. 108.6 Rubbish removal .................... 307.2.1 RIGHT OF ENTRY Duties and powers of code official ........ 104.4 Inspections . ......... .... ....... 104.3 ROOF Exterior structure ..................... 304.1 Roofs ........................ ....304.7 Storm drainage ........................ 507 ROOM Cooking facilities .......... 403.3 Direct access . ............ .... . 503.2 Habitable ........ ......... ....402.1 Heating facifities ........................ 602 Light... ............................402 Minimum ceiling heights ................ 404.3 Minimum occupancy area requirements ... 404.5 Minimum width . ................. . 404.2 Overcrowding . ..... ............ . .. 404:5 Prohibited use ........ ...... .... 404.4.4 Separation ......................... 404.5.2 Sleeping ............................ 404.4 Temperature . ....... ........... 602.5 Toilet ............................ ..503 Ventilation ... ..... ................ 403 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE@ 29 INDEX ROOMING HOUSES (See DORMITORY) SEWER RUBBISH General... ........................ 506.1 - Accumulation ........................ 307.1 Maintenance..... ............. ... 506.2 Definition ............................. 202 SHOWER Disposal ............................. 307.2 Bathtub or shower .................... 502.1 Garbage facilities .................... 307.3.1 Rooming houses ................... 502.2 Rubbish storage .................... 307.2.1 Water heating facilities .... ...... .... 505.4 Storage ........ ............ ... 307.2.1 Water system .......................... 505 SIGN S Signs, marquees and awnings ...........304.9 SINGLE- FAMILY DWELLING SAFETY, SAFE Extermination ......................... 308 Chimney ........................... 304.11 SINK Condemnation ....................... 108.1 Kitchen sink ......................... 502.1 Electrical installation ................... 605.1 Sewage system............. ......... 506 Emergency measures..... ......... 109 Water supply ......................... 505.3 Fire safety requirements .. ......... ... 701 SIZE Fireplaces ........................... 603.1 Habitable room, light .................... 402 Intent .............................. 101.3 Habitable room, ventilation ............... 403 Safety controls ....................... 603.4 Room area ..................... Table 404.5 Scope .............................. 101.2 SLEEPING Unsafe structures and equipment .......... 108 Area for sleeping purposes ............ 404.4.1 SANITARY Cooking facilities ......... ....... . 403.3 Bathroom and kitchen floors ............. 305.3 SMOKE Cleanliness ................ 304.1, 305.1 Alarms .. .......... ....... . 704.2 Disposal of garbage ................... 307.3 Detectors .............. ........ . 704.1 Disposal of rubbish .................... 307.2 Interconnection..... ...... . 704.4 Exterior property, areas ............. 1.302.1 Power source ............. .704.3 Exterior structure .. ........ ....... 304.1 SPACE Food preparation ......... 404.7 General, light............ 402 Furnished by occupant... ....... .. 302.1 ........... General, ventilation ..................... 403 Interior surfaces ................. ... 304.3 Occupancy limitations .... 404 Plumbing fixtures ....... ....... . 504.1 ... Privacy ............................. ........ 404.1 Required plumbing facilities .............. 502 Scope .............. 401.1 Sanitation ............ .. ... 305.1, 305.3 ... ......... STACK Scope .... ..........................101.2 Chimneys . .........................304.11 SASH Window.... ....... ..................304.13 STAIRS SCREENS Common halls and stairways, light........ 402.2 Insect screens ...................... 304.14 Exit facilities.. Handrails . 305.4, 305.5 ..................... 304.12, 305.5 SECURITY Lighting..., ....... ................... 605.3 Basement hatchways ............... 304.18.3 Public areas .. ............... . 302.3 Building........ . ...... ..... 304.18 Stairs and porches .............. ... 304.10 Doors.. .304.18.1 STANDARD Vacant structures and land.. .............. 301.3 Referenced. 102.7 Windows . ... .304.18.2 STORAGE . SELF - CLOSING SCREEN DOORS Food preparation ............... ,, , Insect screens ...................... 304.14 Garbage storage facilities........ .....404.7 ..:. 307.3 SEPARATION Rubbish storage facilities .............. 307.2.1 Fire- resistance ratings.. .. .......... . 703 Sanitation ........................... 307.1 Privacy ............................. 404.1 STRUCTURE Separation of units ...... .... ..... 404.1 Accessory structures .................. 302.7 Water closet and lavatory .. .... ......502.1 Closing of vacant structures....... ..... 108.2 SERVICE Definition ................. 202 E lectrical ............................ 604.2 Emergency measures ............ ...... 109 Method . ... ......... ....... 107.3 General, exterior .................... 304.1 Notices and orders .............. 107.1, 108.3 General, condemnation ... 110 Service on occupant ................... 108.3 General, interior structure .............. 305.1 30 a 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® INDEX Placarding of structure ................. 108.4 Scope ..... ..........................301.1 602.2 Structural members........ ... 304.4, 305.2 Vacant structures and land .............. 301.3 SUPPLY Equipment ......................... 108.1.2 Combustion air ....................... 603.5 Connections ......................... 505.1 Water heating facilities ................. 505.4 Water supply.... ................... . 505.3 Water system .......................... 505 SURFACE Process ventilation .................... Exterior surfaces ................ 304.2, 304.6 Interior surfaces ...................... 304.3 SWIMMING 307 Swimming pools ................ 303.1, 303.2 11 Nonresidential structures ............... 602.4 Residential buildings .................. 602.2 Water heating facilities ................. 505.4 TENANT UNSAFE Scope .............. ...............101.2 Equipment ......................... 108.1.2 TEST, TESTING . 102.4 Agency .. .....................105.3.2 General, demolition ....... ...... 110, Methods ........................... 105.3.1 Reports ........................... 105.3.3 Required ............. .............105.3 TOXIC Application of other codes .........:.... Process ventilation .................... 403.4 TRASH V Rubbish and garbage ................... 307 TREAD ... 603.2 Stair .............................. 304.10 T UNOBSTRUCTED Access to public way .................. 702.1 General, egress ...................... 702.1 UNSAFE 301.3 Equipment ......................... 108.1.2 Existing remedies ...... _ ........... . 102.4 General, condemnation .............. 108,110 General, demolition ....... ...... 110, Notices and orders ......... ....:.. 107, 108.3 Structure .. ...... .... ....... 108.1.1 USE Painting ............................. Application of other codes .........:.... 102.3 General, demolition ......... ........ . 110 V Exhaust vents ........................ VACANT Closing of vacant structures ............. 108.2 Emergency measure .................... 109 Method of service ............... 107.3, 108.3 Notice to owner or to person responsible .................... 107, 108.3 Placarding of structure ................. 108.4 Vacant structures and land. ............. 301.3 VAPOR Foundation walls........ , . ....... Exhaust vents ......................... 302.6 Process ventilation .................... 403.4 VEHICLES Outlets required ... ............. Inoperative .... ... ............... 302.8 Painting ............................. 302.8 VENT Disposal of garbage ................... Connections .........................504.3 Disposal of rubbish .................... Exhaust vents ........................ 302.6 Flue .............. ....... ... 603.2 VENTILATION WATER Clothes dryer exhaust ................. 403.5 Combustion air ....................... 603.5 Definition ............................. 202 General, ventilation ..................... 403 Habitable rooms ....... . .. ....... 403.1 Process ventilation .................... 403.4 Recirculation ................... 403.2, 403.4 Toilet rooms .... ...... ........... 403.2 VERMIN Condemnation ...................... 108 Insect and rat control .............. 302.5, 308 VIOLATION Condemnation:... ..................108 General . ............................106 Notice .......................... 107, 108.3 Penalty ................... .... . 106.4 Placarding of structure ................. 108.4 Prosecution ......................... 106.3 Strict liability offense ............... 106.3, 202 Transfer of ownership..... ........... 107.5 W WALK Sidewalks ........................... 302.3 WALL Accessory structures .................. 302.7 Exterior surfaces . ... .... 304.2, 304.6 Exterior walls ....... ......... 304.6 Foundation walls........ , . ....... . 304.5 General, fire - resistance rating ............ 703.1 Interior surfaces ... .. . ......... 305.3 Outlets required ... ............. ... 605.2 Temperature measurement ............. 602.5 WASTE Disposal of garbage ................... 307.3 Disposal of rubbish .................... 307.2 Dwelling units ........................ 502.1 Garbage storage facilities ............. 307.3.1 WATER Basement hatchways ................. 304.16 Connections ....... ..... ......... 506.1 Contamination ....................... 505.2 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® 31 INDEX General, sewage ....................... 506 General, storm drainage ....... ... ... 507 General, water system .................. 505 Heating.. .........................505.4 Hotels ........ ..... ... 502.3 Kitchen sink ......................... 502.1 Required facilities ...................... 502 Rooming houses ...................... 502.2 Supply ... .... ......... 505.3 System .. .........:..................505 Toilet rooms.... ......................... 503 Water heating facilities ................. 505.4 WEATHER, CLIMATE Heating facilities ....................... 602 Rule- making authority ................. 104.2 WEATHERSTRIP Window and door frames .............. 304.13 WEEDS Noxious weeds ....... ... . 302.4 WIDTH Minimum room width .................. 404.2 WIND Weather tight . ................ ... 304.13 Window and door frames ............... 304.13 WINDOW Emergency escape........... . 702.4 Glazing .......................... 304.13.1 Guards for basement windows... ... 304.17 Habitable rooms ...................... 402.1 Insect screens ...................... 304.14 Interior surface ....................... 305.3 Light............................ ...402 Openable windows ................. 304.13.2 Toilet rooms . 403.2 Ventilation ............................ 403 Weather tight ........ ......... .. 304.13 Window and door frames .............. 304.13 WORKER Employee facilities ............... 503.3, 602.4 WORKMANSHIP General......... .......... ...... 102.5 32 2003 INTERNATIONAL PROPERTY MAINTENANCE CODE® Richfield City Code 405.19 .(c) The occupant of a dwelling or dwelling unit shall dispose of all his rubbish in a clean and sanitary manner by placing it in the rubbish containers required by subsection 405.09, subdivision 8. (d) The occupant of a dwelling or dwelling unit shall dispose of all his garbage and any other organic waste which might provide food for rodents, in a clean and sanitary manner, by placing it in the garbage disposal facilities or garbage storage containers required by subsection 405.09, subdivision 8. It is the responsibility of the owner to supply such facilities or containers for all dwelling units in a dwelling containing more than four dwelling units and for all dwelling units located on premises where more than four dwelling units share the same premises. In all other cases it is the responsibility of the occupant to furnish facilities or containers. (e) The occupant of a dwelling or dwelling unit is responsible for hanging all screens and double or storm doors and windows whenever the same are required under this provision of this section or of any rule or regulation adopted pursuant thereto, except where the owner has agreed to supply the service. (f) The occupant of a dwelling containing a single dwelling unit is responsible for the extermination of any insects, rodents; or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit is responsible for such extermination whenever his dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this paragraph, whenever infestation is caused by failure of the owner to maintain a dwelling in a rodent proof or reasonably insect proof condition, extermination is the responsibility of the owner. Whenever infestation exists in two or more of the dwelling unit in any dwelling, or in the shared or public parts of any dwelling containing two or more dwelling unit, extermination thereof is the responsibility of the owner. (g) The occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. 405.19. Rooming houses Subdivision 1. General rule No person may operate a rooming house or occupy or let to another for occupancy any rooming unit in any rooming house, except in compliance with the provisions of this subsection. Subd. 2. Permit required No person may operate a rooming house without a valid rooming house permit issued by the enforcement officer in the name of the operator and for the specific dwelling or dwelling unit. The operator shall apply to the enforcement officer for the permit, which shall be issued by the enforcement officer upon compliance by the operator with the applicable provisions of this subsection and of any rules and regulations adopted pursuant thereto. This permit shall. be displaced in a conspicuous place within the rooming house at all times. No permit shall be transferable. Every person holding a- permit shall give notice.-in writing to the enforcement officer within 24. hours after being sold, transferred, given away, or otherwise disposed of ownership of, interest in or control of any rooming house. The notice shall include the name and address of the person succeeding to the ownership or control of the rooming house. Every rooming house permit shall expire at the end of one year following its date of issuance, unless sooner suspended or revoked as hereinafter provided. Richfield City Code 405.19, Subd. 3 Subd. 3. Appeal of denial of permit A person whose application for a permit to operate a rooming house has been denied may request and shall be granted a hearing on the matter before the enforcement officer, under the procedure provided by section 320. Subd. 4. Notice of violation Whenever upon inspection of any rooming house the enforcement officer finds that conditions or practices exist which are in violation of any provision of this subsection or of any rule or regulation adopted pursuant thereto, the enforcement officer shall give notice in writing to the operator of such rooming house that unless the conditions or practices are corrected within a reasonable period, to be determined by the enforcement officer, the operator's rooming house permit will be suspended. At the end of the period the enforcement officer shall reinspect the rooming house, and if he finds that the conditions or practices have not been corrected, he shall give notice in writing to the operator that the latter's permit has been suspended. Upon receipt of notice of suspension, the operator shall immediately cease operation of such rooming house, and no person may occupy for sleeping or living purposes any rooming unit therein. Subd. 5. Appeal of suspension of permit A person whose permit to operate a rooming house has been suspended, or who has received notice from the health officer that his permit is to be suspended unless existing conditions or practices at his rooming house are corrected, may request and shall be granted a hearing on the matter before the enforcement officer under the procedure provided by section 320, provided that if no petition for such hearing is filed within ten days following the day of which such permit was suspended, such permit shall be deemed to have been automatically revoked. Subd. 6. Bathroom requirements At least one flush water closet, lavatory basin, and bathtub or shower, properly connected to a water and sewer system approved by the enforcement officer and in good working condition, shall be supplied for each eight persons or fraction thereof residing within a rooming house, including members of the operator's family wherever they share the use of said facilities; provided that in a rooming house where rooms are let only to males, flush urinals may be substituted for not more than one -half the required number of water closets. The facilities shall be so located within the dwelling as to be reasonably accessible from a common hall or passageway to all persons sharing such facilities. Every lavatory basin and bathtub or shower shall be supplied with hot water at all times. No facilities shall be located in a basement except by written approval of the enforcement officer. Subd. 7. Bed linens The operator of every rooming house shall change supplied bed linens and towels therein at least once each week, and prior to the letting of any room to any occupant. The operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner. Subd. 8. Sleeping room floor space Every room occupied for sleeping purposes by one person shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet of floor space for each occupant. Richfield City Code 405.19, Subd. 9 Subd. 9. Egress requirement Every room unit shall have safe, unobstructed means of egress leading to safe and open space at ground level, -as required by the laws of this state and this city. Subd. 10. Maintenance The operator of a rooming house shall be responsible for the sanitary maintenance of all walls, floors and ceilings, and for maintenance of a sanitary condition in every other part of the rooming house; and he shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building is leased or occupied by the operator. 405.21. Security devices Subdivision 1. Purpose The purpose of this subsection is to require security devices in certain buildings throughout the city as a safety, burglary and theft prevention measure. Subd. 2. Definitions For the purposes of this subsection, a "dead bolt lock" means a locking bolt which, when in the locked position, can only be moved positively by turning a knob, handle, key, sliding bolt, or mechanism activated by working a combination. A lock bolt moved by a skeleton -type key is excluded. from this definition. Subd. 3. Locks required; future buildings Dead bolt locks shall be installed on all buildings constructed after July 1, 1972, which are designed for occupancy as living quarters or as business or industrial establishments. Subd. 4. Locks required: certain existing buildings By January 1, 1973 dead bolt locks shall be installed on (i) each multiple residence unit; (ii) each hotel or motel rental unit; (iii) each nursing home, home for the elderly, patient care home, boarding house or other similar establishment where living quarters are provided; (iv) within any of the foregoing establishments, each unit which is designed for occupancy as an independent living unit. This requirement does not apply to one - family dwelling structures in existence on July 1, 1972. Subd. 5. Place of installation Dead bolt locks required to be installed under the provisions of this subsection shall be installed on all entrance doors to the particular unit or building involved. Where there is a double door at an entrance, one of which is a storm door, the dead bolt lock shall be installed on the year -round door rather than the storm door. Subd. 6. Persons responsible The responsibility for compliance with this subsection shall be that of the owner and the manager, operator or agent in charge of any building or structure within the purview of this subsection. Subd. 7. Security enforcement The enforcement officer is authorized and directed to administer .and enforce the provisions of this subsection. He may disapprove dead bolt locking devices - that do not meet the requirements of this subsection. Subd. 8. Design -locks on certain dwelling units Dead bolt locks of the . "handle" type shall be installed on all independent living units designed for occupancy by the elderly. 405.23. Conflict of provisions In any case where a provision of this section is found to be in conflict with any other provisions of this code, the provision which establishes the higher standard for. the promotion nd protection of the health and safety of the people shall prevail. Richfield City Code 405.25 (Rev. 3- 24 -90) 405.25. Inspection and Licensing of Apartment Houses and Rental Homes Subdivision 1. Definitions For the purposes of this subsection and subsection 405.26 the terms defined herein have the following meanings; (1) "Apartment house" means a building containing three or more dwelling units. (2) "Apartment", "apartment unit" or "dwelling unit" means a room or group of rooms located within a building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating by persons other than the owner. (3) "Rental Home" means a one or two - family dwelling which is occupied by persons other than the owner. (4) "Family" means one or more persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity or sorority house. The term "family" does not include a group of individuals, exceeding three in number, not related by blood, marriage or adoption. The term "family" includes necessary employees. (5) "Housing Code" means a subsections 405.01 through 405.23 of this code together with the Uniform Housing Code as adopted by subsection 400.03 of this code, and shall also mean all other codes and regulations of the City pertaining to the occupancy and habitability of the licensed premises. (6)All other definitions contained in subsection 405.01, subdivisions 1 -20 are incorporated in this subsection by reference and made a part hereof. (7) "Owner" means, with respect to all matters involving the making of applications and the giving of notices, the individuals or entities holding legal and equitable title to the premises, or the legally constituted agent designated by the Owner for such purposes. Subd. 2. License required (1) General rule It is unlawful for any person who is an owner of an apartment house or an owner of a rental home to operate such apartment house or rental home without first having obtained a license under the provisions of this subsection. (2) Exceptions Apartment houses and rental homes which are existing and in operation prior to October 1, 1990 may continue to operate notwithstanding the requirement of paragraph (1) of this Subdivision, provided a complete application therefor has been submitted to the City by October 1, 1990 in accordance with paragraph (1) of Subdivision 3 o this subsection. Such operation may continue until a final determination is made by the City not to issue a license. (Amended, Bill No. 1990 -3) Richfield City Code 405.25, Subd. 3 (Rev. 3- 24 -90) Subd. 3. Licensing procedure (1) Application: when made By October 1, 1990, the owner of an apartment house or owner of a rental home shall apply to the director of public safety for the Jicense required by subdivision 2 of this subsection. Application shall be made on forms provided by the City and accompanied by the initial fee required by subdivision 7 of this subsection. The owner of an apartment house or rental home constructed after said date shall submit a license application prior to actual occupancy of any apartment unit or rental home. (Amended, Bill No. 1990 -3) (2) Application: contents The application shall contain the following information together with such other information as the director of public safety may require to assess compliance with the housing code and this subsection. (a) If the applicant is a partnership, the names and addresses of each partner, (b) If the applicant is a corporation, the names and addresses of the majority shareholder, and the names and addresses of the officers. (c) The names, addresses and telephone numbers of individuals responsible for the maintenance and management of the premises. (d) The names, addresses and telephone numbers of the individuals responsible for keeping and maintaining the tenant registers. (3) Issuance of licenses If the director of public safety concludes as a result of the information contained in the application and other information available to the director of public safety, that an apartment house or rental home appears to comply with requirements of the housing code nd this subsection, the director of public safety shall issue the license. If the director of public safety concludes as a result of the information contained in the application and other information available to the director of public safety, that an apartment house or rental home appears not to be in compliance with the housing code and this subsection the director of public safety shall order an immediate inspection to determine compliance. If the immediate inspection discloses noncompliance, the applicant shall have a 60 day period from receipt of notice of noncompliance. to correct the defects specified in the notice, but only if the defects do not create an imminent hazard. The director of public safety may, in his discretion, authorize additional time for compliance. From the date that the director has ordered an immediate inspection, no occupancy of dwelling units then vacant, or which become vacant, is permitted until a license has been issued. Apartment units within an unlicensed apartment house for which a license application has been made and which units are determined, based upon a review of the application and other information available to the director of public safety., to be in compliance with the housing code may be occupied provided, that non - complying units within the apartment house do not create an imminent, hazard to the health and safety of persons in occupied units. Such occupancy may continue until a final determination on the granting or denial of the license is taken by the city. Richfield City Code 405.25, Subd. 3(4) (Rev. 10- 29 -90) (4) Denial: appeal In any instance where the director of public safety has denied an application for a license the applicant may appeal the decision to the city manager by delivering to the manager a notice of appeal within ten (10) days of receipt by the applicant of notice of the director of public safety's decision. The city manager shall have ten (10) days from receipt of applicant's notice of appeal to sustain or rescind the action of the director of public safety. In the event the decision of the city manager sustains the decision of the director of public safety in whole or in part, the applicant may appeal such decision to the city council by delivering to the city clerk a notice of appeal within ten (10) days of receipt by the applicant of notice of the city manager's decision. The decision of the city council or any decision by the director of public safety or the city manager which is not appealed in accordance with this paragraph shall be deemed a final determination by the city. Subd. 4. License: renewal: transfer The term of a license granted under this subsection is one year from the date of issuance. The licensee shall report to the director of public safety any material changes in the identity of the owner, including a change in the majority shareholder or shareholders and officers in the case of corporations. The license must be renewed annually thereafter. The license is transferable upon application to the director of public safety, and payment of the license transfer fee by the prospective owner, provided that the apartment house or rental home is in compliance with the housing code. The license shall terminate if renewal or application for transfer is not made within 30 days after transfer of ownership of the apartment house or rental home. (Correction, 10- 29 -90) Subd. 5. License: suspension: revocation A license issued or renewed under this subsection may be suspended upon a finding of noncompliance with this subsection by the director of public safety, and written notice to the licensee. Noncompliance shall include a determination by the director of public safety, following inspection, that the premises are in violation of the Housing Code. Upon failure of the licensee to comply with the notice of violation, the license may be revoked or suspended in the manner provided by subsection 1005.21 of this code. The license may also be revoked or suspended upon a finding that the licensee made a materially false statement in the application. Reinstatement of a suspended license shall be accompanied by an amount equal to 50% of the license fee. Issuance of a new license after suspension or revocation shall be made in the manner provided for obtaining an initial license. Subd. 6. Licenses: display Licenses issued under this subsection shall be displayed on the premises of the apartment house or rental home, wherever feasible and produced upon demand of a prospective tenant, the director of public safety or his authorized representative. Except as otherwise provided in this subsection all provisions of subsections 1005.11 to 1005.23 of this code are applicable to licenses issued under this subsection. Richfield City Code 405.25, Subd. 7 (Rev. 11- 17 -89) Subd. 7. Tenant register The licensee shall, 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. In its application, the licensee shall designate the person or persons who will have possession of the register; and shall promptly notify the director of public safety of any change of the identity, address or telephone numbers of such persons. The register shall be available for inspection by the director of public safety, or his designate, at all times. ti Subd. 8. Inspection The licensee or the applicant, if the application is pending, shall permit the director of public safety or his designate to enter upon the licensed premises, following reasonable advance notice, for the purpose of conducting inspections to verify compliance with the housing code. Said inspections shall be made at such frequencies as the director of public safety shall, in his sole judgment, deem appropriate and necessary. Subd. 9. Fees The fees for licenses required by this subsection are in the amounts established in Appendix D of this code. A license fee, or license transfer fee which is not paid on the date due shall be increased by a 10% penalty for each month or portion thereof during which said fee remains unpaid. Subd. 10. Compliance with Minnesota Statutes Nothing n this subsection is intended to modify or abrogate the rights of tenants of apartment units or owners of apartment houses granted by Minnesota Statutes Sections 566.18 to 566.33. The city manager may designate, subject to city council approval, administrators to carry out the duties assigned by the court pursuant to said statutes. Subd. 11. Remedies Any person who violates the provisions of this subsection or who makes a materially false statement in the application, is guilty of a misdemeanor. In addition, the city may enforce the provisions of this subsection in any court of competent jurisdiction in law or equity. Subd. 12. Report Prior to January 1, 1992, the city manager shall submit to the city council a report on regulatory activities of the city undertaken pursuant to this subsection. The report shall include: the number of licenses granted; the number of rental homes, apartments and apartment units licensed; recommended amendments to the ordinance; recommended adjustments to city staff to ensure satisfactory enforcement; a summary description of enforcement activities undertaken to enforce the provisions of this subsection; and any other information or comments deemed by the manager to be appropriate. (Added, Subsection 405.25, Bill No. 1989 -9) Richfield City Code 405.26 (Rev. 3- 24 -90) 405.26. Certificate of housing maintenance compliance for single and two-familv homes Subdivision 1. Certificate required (1) No single or two family structure or dwelling unit which is a part of a multiple dwelling located within the city may be voluntarily conveyed for consideration by deed or contract for deed after October 1, 1990, unless the person relinquishing ownership or the agent of such person has first applied for and secured a certificate of housing maintenance compliance. (Amended, Bill No. 1990- 3) (2) This subsection shall not apply to any apartment house or rental home licensed under subsection 405.25 of this code, and shall have no effect upon the provisions of law or other ordinances related to the issuance of building permits. Subd. 2. Application and inspection (1) Application for the certificate of housing maintenance compliance shall be executed upon forms provided by the city and accompanied by the initial fee established in Appendix D of this code. (2) Upon receipt of a properly executed application the director of public safety shall cause an inspection to be made of the premises to ensure the structure is in compliance with applicable provisions of subsections 405.01 through 405.23 of this code (the housing maintenance code). Subd. 3. Issuance of certificate If the structure is in compliance with the requirements of the housing maintenance code, a certificate shall be issued to the person relinquishing ownership or the agent thereof, stating that the structure has been inspected and is in compliance with the housing maintenance node. During the period of one year following its issuance, a certificate may be accepted by the city in satisfaction of the requirements of this subsection without the need for a second inspection. Subd. 4. Occupancy prohibited The person relinquishing ownership or their designated agent shall obtain the certificate from the city prior to transfer of ownership. The prospective owner shall not occupy the structure prior to issuance of the certificate, except pursuant to subdivision 5. Subd. 5. Occupancy A person may be granted permission to occupy a dwelling prior to issuance of the certificate upon the approval of the director of public safety. The approval shall be based upon undue hardship or other extraordinary or exceptional circumstances, provided that no such occupancy constitutes an immediate hazard. Approval shall not be given until the prospective owner or designated agent has filed on forms supplied .by the city, a statement of intent to comply with the housing maintenance code. Compliance dates in the statement of intent to comply shall be established by the director _of public safety. Failure to make the required corrections by the ,compliance dates shall constitute a violation of this code and shall render void any approval given pursuant to this subdivision. Richfield City Code 405.26, Subd. 6 (Rev. 11- 17 -89) Subd. 6. Additional inspections If following the issuance of a certificate, the city finds by complaint or otherwise that the structure may be maintained in a substandard manner, a new inspection will be required in order to satisfy the requirements of this subsection. Subd. 7. No warranty by city By enacting and undertaking to enforce this subsection neither the city nor its council, agents or employers warrant or guarantee the safety, fitness or suitability of any dwelling in the city, and any representation to the contrary by any person is a misdemeanor. Purchasers or occupants should take whatever steps they deem appropriate to protect their interests, health, safety and welfare prior to purchase or occupancy of the dwelling, without reliance on this certificate. A warning in substantially the foregoing language shall be printed on the face of the certificate. Subd. 8. Report Prior to January 1, 1992, the city manager shall submit to the city council a report on the regulatory activities of the city undertaken pursuant to this subsection. The report shall include: the number of certificates issued; recommended amendments to the ordinance; recommended adjustments to city staff to ensure adequate enforcement; a summary description of enforcement activities undertaken to enforce the provisions of this section; and any other information or comments deemed by the manager to be appropriate. Subd. 9. Remedies Any person who violates the provisions of this subsection, or who makes a knowingly false statement in the application, is guilty of a misdemeanor. In addition, the city may enforce the provisions of this section in any court of competent jurisdiction in law or equity. (Added, Subsection 405.26, Bill No. 1989 -9) CHAPTER 18 PROPERTY MAINTENANCE ORDINANCE SECTION 18.01 PURPOSE AND POLICY SUBD. 1. PURPOSE AND POLICY. This ordinance provides a practical method to regulate the maintenance and use, of existing properties and buildings within the City of Hastings for the purpose of protecting the public health, safety and welfare. Said ordinance (a) Establishes minimum standards for maintenance property and buildings; and, (b) Provides for administration and enforcement. SUBD. 2. INTENT. The Council finds there exists in the City numerous properties which are substandard in one or more important features of structure or ' appearance. Such conditions adversely affect public health and safety and lead to the continuation, extension and aggravation of urban blight. Adequate protection of public health, safety and welfare requires the establishment and enforcement of minimum property maintenance standards. The City Council intends that this Chapter be an integral part of the City's program of health, safety, building and land use regulation. This Code is to be construed liberally, in conjunction with other provisions of the City Code, to give effect to the policy, purpose and objectives of this section, but is not construed to modify, amend or otherwise alter the provisions of the City Code relating to health, safety, structure or land use regulation. SECTION 18.02 ADOPTION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE BY REFERENCE SUBD. 1. Code Adopted As published by the International Code Council 1998 edition. The International Property Maintenance Code herein adopted by reference and is part of this code as if fully set out in length. SUBD. 2. Copy on file. One copy of the International Property Maintenance Code together with a copy of this code, must be kept on file in the Office of the City Clerk and available for public inspection. The Clerk and the Property Maintenance Inspector must keep a reasonable number of additional copies of the International Property Maintenance code and this code available for use and inspection by the public at reasonable times. SECTION 18.03 DEFINITIONS. The following terms as used in this Chapter shall have the meaning stated: Approved As approved by the Property Maintenance Inspector: Board of Appeals: The City Council of the City of Hastings. Carport: A shelter for an automobile, consisting of a roof extended from the side of a building, sometimes with an additional wall. Deteriorated Materials or conditions that are substandard and are in need of repair or replacement. Exterior surface Any surface exposed to weather conditions. Failed paint Paint which is cracked, flaked, blistered, pealed, chalked, scaled over 20% or more of any wall surface or fence surface, or has failed to provide a protective surface for the base material. Fully Screened: Enclosed by use of a wall, fence or partition to hide the view of an object or property so as not to be readily visible from adjacent property. Hazardous trees or brush Any tree(s) or brush that jeopardizes the structural integrity of a building, fence or structure or endangers human safety. Order to repair An order from the City of Hastings to a property owner that requires maintenance or repairs to be done to correct a Property Maintenance Ordinance violation. _ Owner's agent A person with written permission from the owner, legal guardian or power of attorney, able to represent the owner's interests. Property Maintenance Inspector The person or persons who have been authorized by the Hastings City Council to enforce the Property Maintenance Ordinance. Specific area One part or piece of a larger surface or assembly. Violation notice Notice in writing given to the owner of record of a violation of the City of Hastings Property Maintenance Ordinance. SECTION 18.04 ENFORCEMENT. SUBD. 1. The Hastings City Council shall authorize the Inspections and Code Enforcement staff as assigned' -by the Supervisor of Inspections-& Code Enforcement to enforce this ordinance under the title of "Property Maintenance Inspector". SUBD. 2. The Property Maintenance Inspector shall make inspections and take any such action as may be required to enforce the provisions of this ordinance. SUBO. 3. Right of Entry Whenever the Property Maintenance Inspector has reasonable cause to believe that there may exist in any building or on any property any condition that is in violation of this ordinance, the Property Maintenance Inspector may enter the building or property at reasonable times to make inspections or to perform any duty required to administer said ordinance. The Property Maintenance Inspector shall first present proper credentials and request entry. 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A }!0 eqj Aq ueNej eq. stew -jegj u0110e Aue 10 ao!}oN •0 •pa}aldwoo eq of Apawaa Aue waolaad of aw!l elgeuoseei jo uOlslnoad 0 •(s)uO!jelo!n aqi Apawaa of paalnbaa uoi}oe ayj pue (s)uOijelO!n Oqj 10 uolldlaosaQ •8 •uolleollaluap jol jue ogns Apadoid eqj jo uo!ld!aosep y y :uoljewaol.u1 buimollol eqj epnlou! of 6u, ijp n u! „japj0 aoueildwoo„ pue „uo!IelO!n 1 ao!}oN„ a penss! eq Begs paooe i jo aau [x:pado ayl `aoueulpao siyJ10 uo!je101n u! s! 6u!pl!nq jo A:pedoid e uOgM :suO'1elo1n '1, - dons }ueneM uoljoadsui aadoid a ainoes of jgbp eqj 6u!pnloui `Aajue ainoes of mel Aq pap!noid Apawaa kana of asinooai aneq including boats and boat trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motored dwellings, tent trailers, snowmobiles and snowmobile trailers, jet skis and get ski trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. No recreational equipment shall be parked or stored on any lot in a Residential District except in a carport or enclosed building, and in compliance with the following provisions: 1.) No recreational equipment shall be allowed in the right -of -way; 2.) One currently licensed recreational equipment 7 feet high or less shall be allowed in a driveway; 3.) One currently licensed recreational equipment item may be parked behind the nearest portion of a building to a street; 4.) A maximum of two currently licensed recreational equipment items may be stored outside on a property, provided: a) that such equipment be parked on the residential premises not to exceed twenty four hours during loading or unloading. b) No recreational equipment shall be used for living, or housekeeping purposes when parked or stored on a residential lot., or in any c) location not approved for such use by City Code. SUBD. 4. MISCELLANEOUS MATERIALS AND EQUIPMENT STORAGE. Within the City, all materials and equipment shall be stored within a building or be fully screened so as not to be visible from adjoining properties, except for the following: clothes lines, recreational equipment, construction and landscaping materials and equipment currently being used on the premises, agricultural equipment and materials if these are used or intended for use on the premises, and off - street parking; except as may otherwise be regulated by the City Code. SUBD. 5. GRASS AND WEEDS ON PRIVATE PROPERTY. A. It is unlawful for any owner, occupant or agent of any lot or parcel of land in the city to allow any vegetation such as weeds or grass growing upon any such lot or parcel or land to grow to a height greater than 12 inches or to allow such weeds or grass to go to seed. B. If any such owner, occupant or agent fails to comply with this height limitation and after notice given by the Property Maintenance Inspector, has not complied within seven days of such notice, the city shall cause such weeds or grass to be cut and the expenses thus incurred shall be a lien upon such real estate. The City shall certify to the Dakota County Auditor; a statement of cost incurred by the City. Such amount together with interest, shall be entered as a special assessment against such lot or parcel of land and shall be collected in the same manner as real estate taxes. SUBD. 6. TREES, BRUSH, SHRUBS ON PRIVATE PROPERTY. A. Any tree, shrub or brush that grows against any building or fence which represents a hazard to the structural integrity of said building or fence shall be removed or trimmed to prevent damage. paleJOIJ919p JO paljo�j •suol}epuawwooei s,aainloelnuew 6ulpi000e 6ulgleags ao aseq elgellns of palldde aq llegs slepalew 6ulloo.a Ily •All0 eql Aq panoidde se ao algissod se asolo se uolleolidde pue elAls `ioloo leul6lao golew (legs saledai Ild •suollepuawwooaa siainloelnuew se aad paoeldaa jo paaledaa eq llegs slelaalew 6ullooi 6ulsslw pue uajoicl 'asoo •uoljlpuoo load ja1gM pue 186 aagleam a ul poulelulew eq hags sloop . :100 .8 •paaledaa ao paoeldaa eq lsnw pue paleaolaalap pewaap eq llegs loi elglsln liv •g •sagslull aolaa}ul pue uollelnsul 'saagwaw leinjonals to uolhaloid pue 6ulaanoo luah!lns a epinad o} se os aledai pooh ul peulelulew eq llegs sbu plinq lle uo seoejjns anlloaload joualx3 g -109169u JO uoileaolialep wal geaiq `steel `srejo to aail pauielulew aq llegs seoe:pns aou9lx3 •t •aainloelnuew eql Aq asn jol panoidde se palidde pue luawleaal panoidde aaglo jo ulels `lined Aq pajoeloid aq }snw sueew leinleu jo passaooad Aq luelslsai Aeoap lou `poOm J £ •looid luepoi pue 1g6I1 aagleem Algeuoseai jcle i eq lsnw seoejjns 11V Z •uoileool pasodxe aagleam ul asn aol Alleollloads passaooad ao painloelnuew leualew to aq Ilegs saoejjns jOUalxe II`d ' L :leaeua6 ul seoejjns Ild •a9ldeg0 slgl to 96essed 6 uiMOIJol sgluow (Z l,) uiglinn suoislnoid asagl g1lM Aidwoo (legs sesn 6ullslx3 - molaq paleolpul se paulelulew aq Begs All0 agl ulgl!m s6ulpllnq liv 'SON1a llne JNIISIX3 -40 30NVN31Nlb'W aNV �JlVcl321 '6 'cons saoel�ns 6ulpl!nq:-jaglo pue 6ulpis apejbep Jo Jolooslp ulels Jo serpecloid aaglo of piezeg a luesaidaa of lou se os u llegs sooelins aaglo pue spae�( `s� oep `slooa wo.�l llounu aalem waolS - �JONmj 2]EliVM M101S '8 'a8f1S •pauopuege Aliedoid ao paoeldaa `paaledej aq Ilegs saolnap pue sajim `sainlxg leoploale 6ul6ueq asoo '8 •aoelJns AeMOAlap e woal laal Z G ao puno.a6 agl anoge laal p l, uegl ssal 6ueq llegs saalnn Ieolaloala ON . d '�1�13d021d EliVAl21d NO S301A3a aNV SMin- X1i `S3&M - !VOI1 JiO3 'L ;cons 'Jeuuew label a ui to pasodslp pue panouaaa eq llegs ainleu- Aq snopiezeq pue pa6ewep `peep ate legl sgnags ao gsniq `sgwll aaal `saaal •8 'Z - t , Z 'ON paepueis oon slaaw goignn ao lelolgo bulplln8 eqj Aq panoidde se sselb Alejes ghee paoeldaa eq llegs toedwl uewng of }oefgns seaae ao saoop ui bulzel6 6ulsslw jo ua� oaq Ilbr sueajos jo 6ulzel6 nnau ql!m snnopulm pue saoop ul paoeldaa aq llegs sueaaos jo buizelb 6ulsslw jo ue� oaq Ilt/ 'Z •adeose eig jo ssai6a aol tiesseoeu IOU jr uoljlsod pesolo a ul painoes eq Aew snnopulnn pue sjooa •algejado,Alinj pue saweaj painoes ul,aaenbs tas eq llegs snnopulnn pue s.ioop aolaajxa Ild L' :sMOpulM `saooa JOUGIx3 .3 •wu} bullslxa gojew of peoeldaj aq llegs saoald wlij 6ulsslw II`d £ .alglssod se as000 se aoloo ul pagolew aq Ilegs seaae pa}uled bul}slxa 10 6ulgoled •suollepuawwooai sdeintoelnuew aad palidde `esn aol pano.idde slepajew gjlnn paluledaj eq lsnw pue iledai jo Ino aq of pawaap aq Begs seaae Bons jaglo pue Il}}os `elosel `6ulpls `aoluaoo `silej `wlat `saoop `snnopulnn 6ulpnloul `ease aoejans 10 ajow ao %oZ 10 tuaIxa ue of Ilene Aue aano eoetans anlloatoid e apinoad o} pellej seq ao Aenne pa�lego jo peleos peNell palloejo `pelead `paaatsllq seq }uled eqj golgnn uo seoepns aolaa}xe Ild 'Z uolloatoid aagjeann ejeldwoo apinoad llegs pue saoald 6ulsslw ao pa6ewep `loi jo aajj eq Ilegs saoe}jns II`d 6 :UJUI pue elosel `440s `sllenn JOUE4x3 'a . gtpinn Ul q t uegl aaow s�oeao aneq IOU llegs pue looid juapoi eq llegs suoilepunol lid 'S - Ino uallel seq jo asool sraepow 10 }uawad OZ uegj aaow t.l aledaa jo Ino paweep aq llegs suol}epunol II`d 't pajejoijejap seq ao Ino uallej seq juauodwoo jagjo jo �polq `auols `�lolaq Aue jl paaledaa aq Ilegs suollepunol Ilt/ £ •speol pepuejul eqt :poddns of paule}ulew aq Ilegs suollepunol 11V 'Z - apea6 pagslU4 aq} anoge sagoul g julod a o} jegwnl pateeil anlleMasaid uollu@IGJ VOO og• Nab ao �olaq `euols `ejejouoo :se Bons joi 01 }uelslsai aie jegj slepajew jo pajonulsuoo aq llegs suollepunol ild :suollepuno-4 •0 'pateJOUGjap AIaaanas' paaapisuoo aq llegs bullow eqj `slonpo.id 6ullow llegdse jo ooepns eqj woaj 6ulsslw sl bulleoo eoepns iejeulw alnuea6 jo aaow ao lueoied 5Z uagM 'paoeldaa aq llegs slepolew 6uilow pa}eJolaatap ,Claaanas 't •slel,ialew 6ullooi 10 uollellelsul aqt o} aoljd paoeldaa aq Ilegs bulgleegs pue sjagwaw leintona }s Aue pinoys 1eyj saieloap Agaaay punoo Aj!O sbu!}seH ayi 'Al!p!len 'E - dens •suoippuoo pal!q!yoad jo lenowaJ paoaoJua ayj Iuanaad of play aq jou lleys A41eued anoge ayj jo uo!jeoildde ayl 'Z '08(ls •asuago a}eaedas a aInIpwo Ileys paule}ulew aie suo!}!puoo pal!q!yojd 1eyj Aep pea `pagioads amuayjo jou uagm `pue ";awll algeuoseai e ulyj!M SJOGJap ao uo!Jeloin yons Apawai ao joajim of paa!nbaa aq lleys suosiad yons lie `pue :anupoo of 1! I!waad jo UOIJeloln eq} asnoxe jou Keys uo!JeJoln Aue aol All auo jo uo!podw! ayl •joueawapslw e jo Ajl!nb aq `AIan!}oadsaa `aouelldwoo -uou pue uo!JeJoln liana pue pea aol Alajeaedas lleys `u!aaay pax! awil aye u!gj!m `ugjo!psijnf }ualadwoo jo pnoo e Aq ao sleaddy jo pjeog ayj Aq palllpow `u@Nel uaaq sey leadde ou yoigm wojl pue `japunajayl panoidde pue pa}}!wgns sueld jo suo!}eogioads 10 Juawale }s pal!ejap Aue 10 uo!Jeloln u! -pl!nq lleys oqm ao `aapunaaaq; apew aapio Aue yj!m Aldwoo 011!81 ao a}eloln Ileys 'ao `yl!mejagl Aldwoo of l!ej ao pa }dope Agajay aoueulpao siyj 10 suo!s!noid ayj 10 Aue ajeloln Ileys oqm uosiad Auy - 6 - dons 'S3117VN3d 90W NO1103S ue!� }sapad jo 910149A b UIWOOU0 ue Jo Maln saaniap a bui loolq Aq paezeq a asneo jou Aew seouad •E •aaimgaeq ao Aj!o!ajoala Qm pebjeyo buloual se Bons tin(ui ue esneo 01 paublsap slepa}ew yj!m pajonalsuoo aq jou lleys saoua6 bu!}slxEl •Z aoepns aoual Aue jo %OZ ueyj aaow aano ju!ed pallej ao bulueal algelsun aie Aay} j! `sued ua� oaq ao bu!sslw `pago.i :an000 suo!}!puoo buinn01101 ayj 10 Aue J! pajeao!aajap pawaap aq lleys saouad i, aaouad •� •pgns slyj jo •Z •Q ydeibeied jad se pau!e}ulew aq }snw juled ao!Ja}xEl 5 •pai!edaa aq Isnw uaemlaq lyb!aq ui aouaaag p you! I, yj!m (A:pedoid alen!ad uo pajeool) s� lemap!s pelNonq ao pa�peao •}ool i, ui youi z/, jo ajea a le paim000 sey juawalpas j! paaledaa aq lleus sNoap pue `sayoaod `sdals •pai!edaa aq lleys slepajew bulssiw jo pa}loi IIV 'Z - jow a Aq pajoaload sselun slelialew luelslsaa Aeoap yj!m pailedaa aq lleys (Alaadoad ajeAud uo pajeool) s� lemapls pue `sNoep sayojod `sdals ao!ja}xe IIV i, 'o }a `sNoaQ `yoJod `sNlem9p!S `sdajS •.4 - Ino uallej jo asool si auols ao I!un Ajuosew `� oljq Aue j! jo Ino ualle6 sey `asool si bu!}ulod ayj jo aaow ao }uawad p 6 }! .i!edaa jo Ino aq o} pawaap aq ll!m sAauwlgo �o!jq ao Ajuosew aopOV3 V 'Za uo1109S ui paquosap se aad pau!e}ulew aq Ishw juled aoiaalx3 •£ 000Z-q6-6 :a le(] 9n!10a;3 00 -6 -� uo!jnlosa�j :eoanoS L66 � `E aaquaanoN :alea an!I sa!JaS puooaS `2t , oN aoueu!pJp :aoanoS uoijeoilgnd m4e SAep W uanas pue a6essed sj! uodn }oage axle} Ileys aoueu!pio s!qi 109 -.310 a }ea •t - dons •p!Ienu! paieloep aq Aew se uo! :od Bons Aue jo luapuedepui aoueu!pio s!yl jo sumpod jaglo Ile passed aneq p!nom 1! fey} I!ounoo X10 s6u!IsaH ayl101ualuw aql s! 1! `.uoseaa �(ue Jol p!lenui paiejoap aq paldope Agaaaq apoo ay} JO Jo aoueu!pao slgl 10 prom ao aoualuas `gde.i6eied `uoijoes Section 319:00 Section 319 - Housing Maintenance Section, 319:00. Purpose The purpose of this ordinance is to protect the public health, safety and the general welfare of "the people of the city. These general objectives include, among others,'the following: Subd. 1. To protect the character and stability of, residential areas within the city; Subd. 2. To correct and prevent housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health; Subd. 3. To provide minimum standards for heating and sanitary equipment and for light and ventilation necessary to protect the health and safety of occupants of buildings; Subd, 4. To prevent the overcrowding of dwellings; Subd. 5. To provide minimum standards for the maintenance of existing residential buildings and to thus prevent substandard housing and blight; Subd. 6. To preserve the value of land and buildings throughout the city. With respect to disputes between tenants and landlord, and except as otherwise specifically provided by the terms of this ordinance, it is not the intention of the City Council to intrude upon the accepted contractual relationship between tenant and landlord. The City Council does not intend to intervene as an advocate of either party, nor to act as an arbiter, nor to be receptive to complaints from tenant or landlord which are not specifically and clearly relevant to the provisions of this ordinance. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of city government. In enacting this ordinance it is not the intention of the City Council to interfere or permit interference with legal rights to personal privacy. Section 319:05. Applicability of Ordinance This ordinance establishes minimum standards for maintaining dwelling units, accessory structures and related premises. This ordinance is intended to provide standards for rental housing and to provide.standar:ds to allow resolution of complaints regarding owner- occupied housing. Sections 319:00 and 319:05 added by Ordinance #1983- 422(A) Section 319:10 Section 319:10. Definitions The following definitions shall apply in the interpretation and enforcement of this ordinance. Subd. 1. Accessory Use or Structures A non- residential use or structure subordinate to, and serving the principal use or structure on the same lot and customarily incidental thereto. Subd. 2. Building Any structure having a roof which may provide shelter or enclosure for persons, animals, or chattel, and when said structure is divided by party walls without openings, each portion of such building so separated shall be deemed a separate building. Subd. 3. Compliance Official The City Manager and his designated agents authorized to administer and enforce this ordinance. Subd. 4. Dwelling A building or one or more portions thereof occupied or intended to be occupied for residential purposes; but not including rooms in motels, hotels, nursing homes, boarding houses, trailers, tents, cabins or trailer coaches. Subd. 5. Dwelling Unit A single family dwelling or unit designed to accommodate one family. Subd. 6.. Family An individual, or two or more persons each related by Moor' marriage, adoption, or foster children, living together as a single housekeeping unit, or a group of not more than four (4) persons not so related, maintaining a common household and using common cooking and kitchen facilities, Subd. 7. Flush water closet A toilet with a bowl and trap made in one piece, which is connected to the city water and sewer system or other approved water supply and sewer system Subd. 8. Garbage As defined and regulated by Section 435 of the City Code. Subd. 9. Habitable Building Any building or part thereof that meets minimum standards for use as a home or place of abode by one or more persons. Subd. 10. 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 electric 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. Section 319:10 added by Ordinance #1983- 422(A) Section 319:10 Subd. 11 Subd. 11. Heated Water Water heated to a temperature of not less than 110 degrees Fahrenheit, or such lesser temperature required by government authority, measured at faucet outlet. Subd. 12. Kitchen. A space which contains a sink with counter working space, space for installing cooking and refrigeration equipment, and space for the storage of cooking . utensils. Subd. 13. Maintenance. Upkeep of property and equipment in a safe working condition for which it was installed and /or constructed. Subd. 14. Mu,ltiole Family Dwelling A dwelling or portion thereof containing two or more dwelling units. Subd. 15. Occupant. Any person (including owner or operator) living, sleeping, cooking and eating in a dwelling unit or living and sleeping in a rooming unit. Subd. 16. Operate. As used in this ordinance, the term "operate" means to charge a rental charge for the use of a unit in a rental dwelling. Subd. 17. Operator The owner or his agent who has charge, care, control, or management of a building, or part thereof, in which dwelling units or rooming units are let: Subd. 18. Owner Any person, firm or corporation who, alone, jointly, or severally with others, shall be in actual possession of, or have charge, care or control of, any dwelling, dwelling unit, or rooming unit within the city as owner, employee .or agent of the owner, or as trustee or guardian of the estate or person of the title holder. Any person representing the actual owner shall be bound to comply with the provisions of this ordinance to the same extent as the owner. Subd. 19. Permissible Occuaancy The maximum number of persons permitted to reside in a dwelling unit or rooming unit. Subd. 20. Person An individual, firm, partnership, association, corporation, company or joint venture or organization of any kind. Subd. 21. Plumbing All of the following supplied facilities and equipment in a dwelling: gas pipes, .gas burning equipment, water pipes. steam pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar fixtures and the installation thereof, together with all connections to water, sewer and gas lines. Section 319:10 added by Ordinance #1983- 422(A) OVUUUI1 J 127: I Subd. 22 Subd. 22. Premises A platted lot or part thereof or unplatted parcel of land, and adjacent right -of -way either occupied or unoccupied by any dwelling or, non - dwellin structure, including such building or accessory structures. Subd. 23. Public Hall A hall, corridor or passageway for providing egress from a dwelling unit. to a public way and not within the exclusive control of one family. Subd. 24. Refuse. As defined and regulated by Section 435 of the City Code. Subd. 25. Rental Dwelling As used in this ordinance, is a dwelling for hire. Subd. 26. Repair Is the reconstruction or renewal of any part of an existing building or its utilities, facilities or equipment for the purpose of its maintenance. Subd. 27. Rodent Harborage A place where rodents commonly live, nest, or establish' their habitat. Subd. 28. Rooming Unit Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes. Subd. 29. Rubbish As defined and regulated by Section 435 of the City Code. Subd. 30. Safety. The condition of being reasonably free from danger and hazardb which may cause accidents or disease. Subd. 31. Substandard Dwelling Any dwelling which does not conform to the minimum standards established by city ordinances. Subd. 32. Supplied Paid for, furnished by, provided by or under the control of the owner, operator, or agent of a dwelling. Subd. 33. Meaning of Certain Words Whenever the words "dwelling ", "dwelling unit ", "premises ", or "structure" are used in this ordinance, they shall be construed as though they were followed by the words "or any part thereof ". Section 319:15. Responsibilities of Owners and Occupants. No owner or other person shall occupy or let to another person any dwelling, dwelling unit or rooming unit unless it and the premises are fit for human. occupancy and comply with all applicable legal requirements of the .State of Minnesota and the City of Brooklyn Park, and as set forth specifically in the following sections. Sections 319:10 and 319:15 added by ordinance #1983- 422(A) Section 319:15 Subd. 1 Subd. 1. Maintenance of Shared or Public Areas Every owner of a dwelling containing two or more dwelling units shall maintain or shall provide for maintenance of the units shared or public areas of the dwelling and premises thereof. Subd. 2. Maintenance of Occupied Areas Every occupant of a dwelling, dwelling unit or rooming unit shall maintain that part of the dwelling, dwelling unit and premises thereof that he occupies and controls. Subd. 3. Storage and Disposal of Rubbish Every occupant of a dwelling, dwelling unit or rooming unit shall store and dispose of all his rubbish and garbage and any other organic waste which might provide food for insects and /or rodents in a manner as prescribed by Section 435 of the City Code. Subd. 4. Responsibility for Storage and Disposal of Garbage and Rubbish Every owner of a multiple family dwelling shall supply facilities for the storage and disposal of rubbish and garbage. In the case of single or two- family dwellings, it shall be the responsibility of the occupant to furnish such facilities as prescribed by Section 435 of the City Code. Subd. 5. Responsibility for Storm and Screen Doors and Windows The owner. of a rental dwelling unit shall be responsible for providing, maintaining and hanging all screens and storm doors and storm windows whenever the same are required under the provisions of this ordinance. Subd. 6. Responsibility for Pest Extermination Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of vermin infestations and /or rodents on the premises. Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested. Notwithstanding, however, whenever infestation is caused by the failure of the owner to maintain a dwelling in a reasonable rodent -proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling or in the shared or public parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner. Subd. 7. Rodent Harborages Prohibited in Occupied Areas No occupant of a dwelling or dwelling unit shall accumulate boxes, firewood, lumber, scrap metal or any other similar materials in such a manner that may provide a rodent harborage in or about any dwelling or dwelling unit. Outside stored materials shall be stacked neatly in piles at least 4 inches off bare soil or ground. Section 319:15 added by Ordinance #1983- 422(A) Section 319:15 Subd. 8" Subd. 8. Rodent Harborages Prohibited in Public Areas No owner of a dwellir^ ; containing two or more dwelling units shall accumulate or permit the accumulatiL of boxes, lumber, scrap metal or any other similar materials in such a manner that may provide a rodent harborage in or about shared or public areas.of a dwelling or its premises. Materials stored outside by the owner or permitted .to be stored by the owner shall be stacked neatly in piles at least 4 inches off bare soil or ground. Subd. 9. Prevention of Food for Rodents No owner or occupant of a dwelling unit shall store, place or allow to accumulate any materials that may serve as food for rodents in a site accessible to rodents. Subd. 10. Maintenance of Plumbing Fixtures and Facilities The owner or occupant of a dwelling unit shall maintain all supplied plumbing fixtures and facilities therein. Subd. 11. Minimum Heating Capability and Maintenance In every dwelling unit or rooming unit when the control of the supplied heat is the responsibility of a person other than the occupant, a temperature of at least 68 degrees Fahrenheit or such lesser temperature required by government authority shall be maintained at a distance of three feet above the floor and three feet from exterior walls in all habitable rooms, bathrooms and water closet compartments from September 15 to May 1. Subd. 12. 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, ste and walkways on the premises. Individual snowfalls of three inches or more or successive snowfalls accumulating to a depth of three inches shall be removed from walkways and steps within 48 hours after cessation of the snowfall. Subd. 13. Minimum Exterior Lighting The owner of a rental dwelling or dwellings shall be responsible for providing and maintaining effective illumination in all exterior parking areas and walkways. Subd, 14. 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. Section 319:20. Minimum Standards for Basic Eauioment and Facilities No person shall rent or let to another for occupancy, any dwelling or dwelling unit for 'the purposes of living, sleeping, cooking and eating therein which does not comply with the following requirements. Sections 319:15 and 319:20 added by Ordinance #1983- 422(A) (V)ZZt L# eoueuipio Aq pappe OZ:6l£ u0 •11 IGM8s panoJdde ue of paioauuoo aq Keys pue aJnssaJd Japun Jalenn peiea14un pue paieay jo iunowe aienbape ue sawn Ile le apinoJd Ileys pue waisAs Alddns Jaiem panoidde ue of paioauuoo AIJadoid aq Ile14s pue 'wool Jayioue ul Jo 'jesolo Jaiem ysnlj ayi se wool awes ayl ul aq Xew JamOL4s Jo gniyieq pieS - AoenlJd spJOjje y0114nn Joop aoue.1iva ue aney Ileys woo yong •uolllpuo0 6uplJom pooh ur Jamot4s Jo gniyieq a y ilm paddlnba sl yof14nn wool elgeilgeyuou a aq ile4s aJayi ilun Bulilemp Ajana u1 •JannoyS Jo gniyie8 •g •pgnS •w91sAs Jannas Panoadde ue o1 paioauuoo aq lIeys pue aJnssaJd Japun Jaiem 6uluunJ paieayun pue paleay jo iunowe aienbape ue sawn Ile le apinoJd Keys pue waisAs Jaienn panoJdde ue of paioauuoo AIJadold eq Ileys pue uolilpuoo 6uplJonn pooh ul aq lleys >luls Ajoienel 841 •paleool sl lasolo Jaienn pres golynn uI wool ayi oiul AlioaJip 6ul.peal loop ayi of Allwlxojd esolo Ui paieooi aq lleys ){uls AJoienel ayi 'wooJ Jayioue ul 1 P JO 'iasolo Jaienn ysnlj ayi se wool awes ayi u aq stew Nuls �(JOJenel PIeS ')lugs �(JOienel a eq ileys aJay1 ilun 6 ulllaMp (Jana uly�.IM •Nuls A JOIeA8j •S •pgnS . apoo A10 81 90:gL9 Jo OZ9 uolioaS yllnn eoueildwoo ul waisAs James a of paloauuoo aq Ileys pue 'AliedoJd paieJado aq of iasolo aalenn ayi asneo of einssaJd Japun Jaienn 6uluunJ jo iunowe aienbape ue sapinad sawa Ile ie ieyi waisAs Jaienn panoJdde ue of paioauuoo aq ileys 'seoelins elgeueelo Allsee yi►nn paddlnba aq lleys iasolo Jaienn gsnl j pleS 'Aoenljd spJ011e 4olynn loop eoueJlua ue aney ileys wool yong •apoo Bulgwnld aieiS eiosauulW yllM aoue idwoo ul iasolo Jaienn ysnlj a yiln p si yolynn wool elgeilgeyuou a aq Ileys aJayi ilun 6 ulllannp (Jana u!yi!M •sa!i!I1 iallol •t, •pgnS •papinaJd aq isnw aolnap Jellwls Jo JoleJa6lJjai 'anois pies jo uolieJado pue uollelleisui ay1 Jol suopauuoo alenbape pue a0eds wamilIns aseo golynn ul '�(ouedn000 uo awes apinaJd of paioadxe sl i ayl uaynn pue paldn00 iou sl ilun 6ulllannp a uaynn palleisul aq lou paau s801nap Jeliwls Jo JoieJa6ujaJ 'anois yons ie(4l papinoJd •uolieJado ivamille pue �(Jeilues 'ales Jol _suolio -uoo �(jesseoau Ile yllnn pallelsul � lied ale yolynn pool }o a6eJois ales ayl jol 93rn9p Jellwls Jo Joieja6u,aJ a pue pooh 6ul)l000 JOI aolnap Jellwls Jo anois a apinwd '£ •PgnS 'Pool 01 1oalle snolJaialap Jo olxoi Aue iJedwl 1ou ll!nn ieyl pue aigeuealo Allsea ale le14i snelins yilnn pa14swin j uogonJisuoo punos jo eq lleys elgei Jo Jalunoo pue sanleys to /pue siau(geo pleS •uolieJedaJd pool Jol algei Jo Jaiunoo a pue :6u COI uolieJa6IJjai aJlnbei iou S90P leyi pooh. jo pue sllsuain pue ivawdln 6u1>I003 pue 6u1>Iuup '6uliea }o a6eJols ayl JOI saniays Jo /pue siaulgeo apinoJd •Z •pgnS WOO 40 8yi 10 90:9L9 JO /Pue OZ9 uolioeS Jad W91SA Ja nnas.panoJdde ue of paioauuoo Si yo►ynn pue ainssaJd Japun Jaienn 6uLuunJ paleayun pue paleay jo iunowe aienbape ue sawli Ile le sapinoJd yolynn pue walsAs Alddns 1 8 ienn panoJdde'ue 01 paioauuoo Aliadoid pue uo1i1puo0 6ui)lJOnn pooh ul Nuls uayollN a apinoJd • L •pgnS L 'PgnS OZ:6 L £ uolioaS Section 319:25 Section 319:25. Stairways, Porches and Balconies Every stairway, inside or outside of a° dwelling, and every porch or balcony shall be kept in safe condition and sound repair. Eve __ flight of stairs and every porch and balcony floor shall be free of deterioration. Every stairwen and every flight of stairs which is more than three risers high shall have handrails installed 30 to 34 inches high, measured vertically from the nose of the stair tread to the top of the handrail. Every. porch, balcony or deck which is more than 30 inches high shall .have a guardrail at least 36 inches above the floor of the porch or balcony. Every handrail and guardrail shall be firmly fastened and maintained in good condition. No flight of stairs shall have settled out of its intended position or have pulled away from the supporting or adjacent structures enough to cause a hazard. No flight of stairs shall have rotting, loose or deteriorating supports. Excepting spiral and winding stairways, the treads and risers of every flight of stairs shall be essentially uniform in width and height. Stairways shall be capable of supporting a live load of 100 pounds per square foot of horizontal projection. Section 319:30. Access to Dwelling Unit Access to or egress from each dwelling unit shall be provided without passing through any other dwelling unit. Section 319:35. Door Locks No owner shall rent or let to another for occupancy any dwelling or dwelling unit unless all exterior doors of the dwelling or dwelling unit are equipped with safe, functioning locking devices. Rental dwellings shall be furnished with door locks as follows: Subd. 1. for the purpose of providing a reasonable amount of safety and general welfare for persons occupying multiple family dwellings, an approved security syste shall be maintained for each multiple family building to control access. The security system shall consist of locked building entrance 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. Subd. 2. Every door that provides ingress or egress for a dwelling unit within a multiple family building shall be equipped with an approved lock that has a deadlocking bolt that cannot be retracted by end pressure provided, however, that such door shall be openable front the inside without the use of a key or any special knowledge or effort: Subd. 3. All multiple family dwellings in existence at the time this chapter is adopted which were not previously required to have an approved security system, shall not be subject to the requirements of Section 319:35, Subd. 1. Sections 319:25, 319:30 and 319:35 added by ordinance #1983 -422 (A) Section 319:40 R Section 319:40. _Minimum Standards for Light and Ventilation No person shall occupy as owner, occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not comply with the following requirements: Subd. 1. Habitable Room Ventilation Except where there is supplied some other device affording ventilation and approved by the Compliance Official, every habitable room shall have at least.one window facing directly outdoors which can be opened easily. The minimum total of openable window area in every habitable room shall be the greater of 4% of the floor area of the room or four square feet. Subd. 2. Nonhabitable Room Ventilation Every bathroom and water closet compartment, and every laundry and utility room shall contain at least 50% of the ventilation requirement for habitable rooms contained in Paragraph A above, except that no windows shall be required if such rooms are equipped with a ventilation system which is approved by the Compliance Official. Subd. 3. Electric Service, Outlets and Fixtures Every dwelling unit and all public and common areas shall be supplied with electric service, functioning overcurrent protection devices, electric outlets, and electric fixtures which are properly installed, which shall be maintained in a safe working condition, and shall be connected to a source of electric power in a manner prescribed by the ordinances, rules and regulations of the City of Brooklyn Park and by the laws of the State of Minnesota. The minimum capacity of such electric service and the minimum number of electric outlets and fixtures shall be as follows: a. A dwelling containing one or two dwelling units shall have at least the equivalent of 60 ampere, three -wire electric service per dwelling unit. b. Each dwelling unit shall have at least one branch electric circuit for each 600 square feet of dwelling unit.floor area. C. Every habitable room shall have at least one floor or wall -type electric convenience outlet for each 60 square feet or fraction thereof of total floor area, and in no case less than two such electric outlets, provided, however, that one ceiling or wall -type light fixture may be supplied in lieu of one required electric outlet. d. Every water closet compartment, bathroom, kitchen, laundry room, and furnace room shall contain at least one supplied ceiling or walltype electric light fixture and every bathroom, kitchen -and laundry room shall contain at least one electric convenience outlet. Section 319:40 added by Ordinance #1983- 422(A) Section 319:40, Subd. 3, (e) e. Every public hall and stairway in every rental dwelling shall be adequately' lighted by natural or electric light at all times, so as to provide effecti illumination. Every public hall and stair in structures containing not morc than two dwelling units may be supplied with conveniently located light switches controlling an adequate lighting system which may be turned on when needed, instead of fulltime light; f. A convenient switch or equivalent device for turning on a light in each dwelling unit shall be located near the point of entrance to such unit. Section 319:45. Minimum Thermal S tandard Subd. 1. No person shall occupy as owner, occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein which does not have heating facilities which are properly installed and maintained in safe and working condition and which are capable of safely heating all-habitable rooms, bathrooms and water closet compartments in every dwelling unit located therein to a temperature of at least 68 degrees Fahrenheit at a distance of three feet above floor level and three feet from exterior walls at normal weather condition. Subd. 2. Gas or electric appliances designed primarily for cooking or water heating purposes shall not be considered as heating facilities within the meaning of this section. Subd. 3. Portable heating equipment employing flame and the use of liquid fuel does not meet the requirement of this section and is prohibited. Subd. 4. No owner or occupant shall install, operate or use a space heater employing a flame that is not vented outside the structure in an approved manner. Section 319:50. General Reouirements No person shall occupy as owner, occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not comply with the following requirements. Subd. 1. Foundations, Exterior walls and Roofs The foundation, exterior walls and exterior roof shall be substantially water tight and protected against vermin and rodents and shall be kept in'sound condition and repair. The foundation element shall adequately support the building at all points. 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 dwelling. The roof shall be tight and have no defects which admit rain and roof drainage shall be adequate to prevent rain water from causing dampness in the walls. All exterior-surfaces, other than decay resistant materials, shall be protected from the elements and decay by Sections 319 :45 and 319 :50 added by Ordinance #1983- 422(A) (d)ZZt aoueuipi0 Aq pappe 09:6 LE uolloag • speOl leinlonils leiwou Bujlioddns jo algedeo pue asn of ales aq Heys 'olaaayi aoueualandde Ajana pue . 'Auooleq pue yojod AJana 'ilels . appsino pue apisu! 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Ilene auols �o �{oolq '�loiiq �(ue 10 Bulzulod ayl jo aoeljns joljaixa lelol ay1 jo ajow jo %SZ Alaiew •palldde 6ul�anoo anlloalold a aney Ileys eoelins ayl 'palejoli aq o1 Ielol p aouelld wOO ayl Aq paulw�alap sl J0 6ulleoo anlloaloid a sNoel jo paluledun sI eoe lopalxe lelol ayi jo ajow 10 %gZ,�(Ialewlxojdde j1 'luawleail J0 6ullanoo anlioaloid iaylo jo lined 4 'pgnS 0961£ uojloas Section 319:50 Subd. 8 .Subd. 8. Facilities to Function All equipment or utilities required under cii ordinances and every chimney and flue shall function effectively in a safe and working condition. Subd. 9. Grading and Drainage Every yard, court, or passageway on the premises on which a dwelling stands shall be graded and drained so as to be free of standing water that constitutes a detriment to health and safety. Subd. 10. Yard Cover Every yard of a premise on which a dwelling stands shall be maintained to prevent dust and erosion. Section 319:55. Maximum Density, Minimum Space, For Rental Units No person shall permit or let to be occupied any rental dwelling for the purpose of living therein which does not comply with the following requirements: Subd. 1. Permissible Occuoancv of Dwelling Unit. 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. b.. In no event shall the total number of occupants exceed two times tt: number of habitable rooms, less kitchen, in the dwelling unit. Subd. 2. One Family Per Dwelling Unit Not more than one family, except for temporary guests, shall occupy a dwelling unit. Section 319:60. Enforcement and Inspection Authority The City Manager and his designated agents shall be the Compliance Official who shall administer and enforce the provisions of this ordinance when reason exists to believe that a violation of this ordinance has been or is being committed. Inspections shall be conducted during reasonable hours and the Compliance Official shall present evidence of his official capacity to the owner or occupant in charge of a dwelling unit. Section 319:65. Insoection Access If any owner, occupant, or other person in charge of a dwelling, dwelling unit, rooming unit, or of a multiple dwelling fails or refuses to permit free access and entry to the structure or premises under his control, or any part thereof, with respect to which an inspection authorised by this ordinance is sought to be made, the Compliance Official may, upon a showing that probable cause exists for the inspection and for the issuance of an order directing compliance with the inspection requirements of this section with respect to such dwelling, dwelling - unit, rooming unit, or multiple dwelling, petition and obtain such order from a court of competent jurisdiction. Sections 319:55, 319:60 and 319:65 added by Ordinance #1983- 422(A) Section 319:60 amended by Ordinance #1991- 674(A) Section 319:70 Section 319:70. Unfit for Human Habitation Subd 1. Any dwelling, dwelling unit or rooming unit or portion thereof which is damaged, decayed, dilapidated, unsanitary, unsafe, vermin or rodent infested or which lacks provision 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 habitation. Whenever any dwelling; dwelling unit or rooming unit has been declared unfit for human habitation, the Compliance Official shall order same vacated within a reasonable time and shall post a placard on same indicating that it is unfit for human habitation, and any operating license. previously issued for such dwelling shall be revoked pursuant to law. Subd. 2. It shall be unlawful for such dwelling, dwelling unit or rooming unit or portion thereof to be used for human habitation until the defective conditions have been corrected and written approval has been issued by the Compliance Official it shall be unlawful for any person to deface or remove the declaration placard from any such dwelling, dwelling unit or rooming unit. Section 319 :75. Secure Unfit and Vacated Dwellings The owner of any dwelling, dwelling unit, or rooming unit which has been declared unfit for human habitation or which is otherwise vacant for a period of 60 days or more shall make the same safe and secure so that it is not hazardous to the health, safety and welfare of the public and does not constitute a public nuisance. Any vacant dwelling open at doors, windows, or wall opening, ..if unguarded shall be deemed to be a hazard to the health, safety and welfare of the public and a public nuisance within the meaning of this ordinance. Section 319:80. Hazardous Building Declaration In the event that a dwelling has been declared unfit for human habitation and the owner has not remedied the defects within a prescribed reasonable time, the dwelling may be declared a hazardous building and may be removed, razed or corrected pursuant to the provisions of Minnesota Statutes, Sections 463.15 to 463.26. Section 319:85. Compliance Order Whenever the Compliance Official determines that any dwelling, dwelling unit or rooming unit or portion thereof is in violation of this or any other ordinance, he may issue a Compliance Order setting forth the violations of the ordinance and ordering the owner, occupant, operator or agent to correct such violations. This Compliance Order shall:` Sections 319:65, 319:70, 319:75, 319:80 and 319:85 added by Ordinance #1983- 422(A) Section 319:85 -- Subd. 1 Subd. 1. Be in writing. Subd. 2. Describe the location and nature of the violations of this ordinance. Subd. 3. Establish a reasonable time for the correction of such violation and notify the owner of his appeal recourse. Subd. 4. Be served upon the owner or his agent or the occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon any such occupant, if a copy thereof is: a. Served upon him personally; or b. Sent by registered mail to his last known address; or C. Upon failure to effect notice through (1) or (2) as. set out in this section, service may be made pursuant to Minnesota statutes 463.17, Subd. 2, which reads as follows: "Service. This order shall be served upon the owner of record, or his agent if an agent is in charge of the building, and upon the occupying tenant, if there is one, and upon all lien holders of record, in the manner provided for service of a summons in :a civil action. kf the owner cannr be found, the order shall be. served upon him by posting It at the ma.. entrance to the building and by four weeks publication in the official newspaper of the municipality if it has one, otherwise in a legal newspaper in the county. d. Repealed. Section 319:90. Right of Apoeal When it is' alleged by any person to whom a Compliance Order is directed that such Compliance Order is based upon erroneous interpretation of this ordinance, or upon a misstatement or mistake of fact, such person may - appeal the Compli- ance Order to a Board of Appeals and Adjustments as. established by Section 365.06 of the City Code. The Board as an advisory. body shall forward their recommendation to the City Council. Such appeals must be in writing, must specify the grounds for the appeal, must be accompanied by a filing fee as designated by the City Council in cash or cashier's check, and must be filed with the Compliance Official within five (5) business days after service of the Compliance Order. The filing of an appeal shall stay all proceedings in furtherance of the action appealed from unless such a stay would cause imminent peril to life, health or property. Sections 319:85 and 319:90 added by Ordinance #1983- 422(A) Section 319:85, Subd. 4 d. repealed by. Ordinance #1992 -710 Section 319:95 Section 319:95. Board of Appeal's Decision Upon at least five (5) business days' notice to the appellant: of the time and place, for hearing the appeal and within 30 days after said appeal is filed, the Board of Appeals shall hold a hearing thereon. The Board of Appeals may recommend to the City Council that the order be reversed, modified or affirmed in whole or in part. Section 319:100. Restrictions on Transfer of Ownership It.shall be unlawful for the owner of any dwelling, dwelling unit or rooming unit upon whom a pending compliance order has been served to sell, transfer, mortgage or lease or otherwise dispose thereof to another person until the provisions of the compliance order have been complied with, unless such owner shall furnish to grantee, lessee or mortgagee a true copy of any notice of violation or compliance order and shall obtain and possess a receipt of acknowledgement. Anyone securing an interest in the dwelling, dwelling unit or rooming unit who has received notice of the existence of a Compliance Order shall be bound by same without further service of notice upon him and shall be liable to all penalties and procedures provided by this ordinance. Section 319:105. Penalties Any person who fails to comply with a Compliance Order after a right of appeal has expired and any person who fails to comply with a modified Compliance Order within the time set therein, upon conviction therefor, shall be guilty of a misdemeanor. Each day of such failure to comply shall constitute a separate punishable offense. Section 319:110. Execution of Compliance Orders by Public Authority Upon failure to comply with a Compliance Order within the time set therein, and no appeal having been taken, or upon failure to comply with a modified Compliance Order within the time set therein, the criminal penalty established hereunder notwithstanding, the City Council after due notice to the owner may by resolution cause the cited deficiency to be remedied as set forth in the Compliance Order. The cost of such remedy shall be a lien against the subject real estate and may be levied and collected as a special assessment in the manner provided by Minnesota Statutes Chapter 429, for any of the reasons set forth in Section 429.101, Subd. 1, and specifically for the removal or elimination of public health or safety hazards from private property, but the assessment shall be payable in a single installment. It is the intent of this section to authorize the City to utilize all of the provisions of Section 429.101 to promote the public's health, safety and general welfare. Section 319:115. Severabilitv Clause if any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. _ Sections 319:95, 319:100, 319:105, 319:110 and 319 :115 added by Ordinance #1983- 422(A). xental Unit Kecastration Rental Unit Registration Ot Property Owners Should Know Vacant Buildings Housing Court Warrants Excessive Consumption Page 1 of 2 DWELLING UNIT REGISTRATION Property owners of one- or two- family rental dwellings must register these properties with the Division of Code Enforcement unless the owner of the property or a member of the owner's immediate family (parent or child) lives at the property. To register a rental dwelling unit, the owner of the property must complete and sign an application form, pay the registration fee according to the schedule below, and submit it to The City of Saint Paul Division of Code Enforcement 1600 White Bear Avenue North Saint Paul, MN 55106 FEE SCHEDULE • Single- Family Rental Dwelling -- $30 • Two- Family Rental Dwelling -- $50 This fee includes the application and the first -year renewal fee. Subsequent annual fees are $20 for single- family dwellings, and $40 for two-family, dwellings. Three -unit and larger rental buildings are required to have a Certificate of Occupancy. Rental dwellings not occupied by the owner or their immediate family which have one or two complete dwelling units and up to four additional rooming units ARE required to be registered under this Ordinance. Please note: This rental registration program is mandated by law. The buildings will NOT be systematically inspected unless the owner fails to properly register subject properties, this Registration Certificate is revoked, or if the property meets one of these criteria: • The responsible owner has abandoned the property, The utility service has been shut off for 30 days because of nonpayment, • The Real Estate Taxes are unpaid and delinquent, • A petition is filed with the City Clerk by the District Community Council requesting an inspection, If the City has evidence that serious violations exist which constitute dangerous http: / /www.ci. stpaul. mn. us /depts /code_ enforcement /rental unit.html 3/13/2003 xentai unit xegistration Page 2 of 2 or unsafe conditions, or • An excessive consumption of Police or Code Enforcement service fees has been imposed at the property. - This law was adopted by the City Council on May 12, 1999 (effective September 1, 1999). It was the finding of the Council that rental dwelling units in one- and two - family dwellings which are not owner - occupied are in need of registration to promote and enforce Safety Code compliance, to improve the maintenance and upkeep of such dwellings, and to avoid property deterioration and blight. The fees collected by this registration program will be used by the City to process the applications, issue the Certificates, and pay for partial reimbursement of Code Enforcement Services for rental property. To obtain a rental registration application form, you can contact us in a number of ways: By E -mail You may address mail to: property. code(a ci.stpaul.mn.us We'll get back to you by this method with at least an initial response as soon as possible, usually within one working day. (That's Monday -Friday -- non - holidays). • Online Form - Online Comments & Questions Form . By Phone - 651 -266 -1950. After hours you can leave a message. If you want a response, we'll get back to you as soon as possible on the next business day. • TDD - 651- 266 -8509 . Fax - 651- 266 -1926 . Web - www.ci.stpaul.mn.us /code enforcement/ • Mail - Property Code Enforcement Unit 1600 White Bear Avenue North` Saint Paul, MN 55106 • Or walk in - The office is open Monday through Friday, 8 a.m. to 4:30 p.m. No appointment is necessary. [ What's New? ] [ Search ] [ Contact Us ] [ Home ] http: / / www.ci. stpaul. mn. us /depts /code_enforcement/rental unit.html 3/13/2003 Page I of 1 My Saint Paul, MN My Subscriptions My Profile Log-In Document Categories 1—Op Viewed Documents Affirmative Action & Labor Standards Compliance City Budge City Council & Ramsey County Board Grant/Loan Programs Housing Informational Material Business City Planning Maps Residential Construction Libraries Licenses/ Permits Mayor's Office Neighborhoods Newsletters Official Publication Public Safety Recreation Request for City Service Special Announcements Zoning Saint Paul, MN Home Page Search Rental Dwelling Unit Registration Form Subscribe to receive future changes to Rental Dwelling Unit Registration Form by e-mail Description The owners of one or two family dwellings which are not occupied by the owner or the owner's immediate family (parent or child) are required to register their rental properties. Special Instructions To register a Rental Dwelling Unit, the property owner must complete the registration form and pay the registration fee. The application and first year fee is $30.00 for a single family home and $50.00 for a duplex home. Subsequent annual renewal fees are $20.00 for a single family home and $40.00 for duplexes. Editions Date Description Format View E-mail . ........ . .. . . . ........ ­........_ . .. . . ....... .... . ..... . ............. ............. . - --- ---- ----- 11/1/2002 PDF (24K) ­ Legend =view edition now. Request an e-mail copy of edition. Subscribe . . ............ . . ... . ........ . . ....... . . ......... . . ....... . ....... ................. . . .. Send me e-mail when a revised version of Rental Dwelling Unit Registration Form is published. Hg-lp- - Privacy Statement http://www.govdocs.com/GovDocs/document.html?code=STPAUL 3/13/2003 CITY OF SAINT PAUL CITIZEN SERVICE OFFICE DIVISION OF PROPERTY CODE ENFORCEMENT 651- 266 -1950 RENTAL DWELLING UNIT REGISTRATION FORM Date: Address of Property: * *IF SOLD PROVIDE OWNERSHIP INFORMATION. BELOW ** Please check one: Initial Fee Renewal Fee ❑ Single Family Dwelling .................. $30.00 ❑ Single Family Dwelling .................. $20.00 ❑ Two Family Dwelling ................... $50.00 ❑ Two Family Dwelling ................... $40.00 EXEMPTIONS This property is occupied by: ❑ the property owner, or ❑ a parent of the property owner: , or ❑ a child of the property owner: Name of Parent or Child Telephone Unit if duplex lives there and is exempt from this registration requirement. Please complete ownership information sign and return this form (Fee and Registration waived.) ❑ This property has been issued a Certificate of Code Compliance or a Certificate of Occupancy from the City of Saint Paul within the last thirty (30) days and is exempt from paying the application and first year fee. Registration is required. Please complete, sign and return this form (Fee waived.) REQUIRED INFORMATION • The refuse removal service company which supplies weekly refuse removal service to this building is: • By signature and submission of this application form, the owner of this property hereby attests that this rental dwelling is equipped with adequate, operable smoke detector devices designed and placed to alert the occupants of this building in case of fire. REQUIRED OWNERSHIP INFORMATION (Please Print): Name Address: City /State /Zip: Telephone Number (including area code): SIGNATURE: PAYMENT METHODS Check or bank draft drawn on a U.S. bank payable to the City of Saint Paul. Cash payments may be made at:1600 White Bear Avenue N., St. Paul, MN 55106 during normal business hours. The information requested on this form is required by law. A Certificate of Registration will be mailed to the person and address listed above within six weeks of the receipt of this form properly completed and signed. Thank you for your cooperation. 11/02 CITY OF ROSEMOUNT STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING THE CITY CODE: PERTAINING TO THE ESTABLISHMENT AND MAINTENANCE OF LAWNS WITHIN THE CITY. It is the purpose of this ordinance to protect and promote public health, safety and general welfare; to implement regulations for the establishment and maintenance of lawns on properties within the city. To prevent soil and wind erosion, groundwater contamination, and to protect surrounding properties from the deleterious effects of erosion and improper drainage due to altered grades caused by erosion exacerbated by failure to install and maintain a lawn of acceptable vegetation as required in the landscape plan, subdivision agreements and City Code. THE COUNCIL OF THE CITY OF ROSEMOUNT ORDAINS AS FOLLOWS: Section 1. Rosemount City Code Section 9 -4 -70 and 9 -4 -8:B are amended as follows: 9 -4 -7:D D. Special provision; lawn maintenance: 1. Preamble: There are a variety of landscapes in the City that diversify and add richness to the quality of life. Certain areas in the City have been left or allowed to go, unmaintained. They have been accepted by plan and the vast majority of the City residents as appropriate and as part of the unique quality of life in this community. There are community expectations, however, that once an area has been disturbed, landscaped, or otherwise maintained, that area will continue to be maintained in a consistent manner. When vegetation in that area is not continually maintained, it becomes aesthetically unpleasing and violates community standards. Property that appears neglected may decrease the value of adjacent properties. In addition, if vegetation is not properly maintained, there may be the following adverse impacts on public health, safety, and welfare: a. Undesirable vegetation such as common buckthorn, quack grass, and other weeds may invade and threaten to supplant other more desirable vegetation. b. Vegetation that causes allergic reactions, such as ragweed, may develop. c. Tall vegetation along driveways and public roads may c impair visibility when entering or exiting public roads. 1 d. Failure to establish a lawn in a timely manner by sod, seed, or other planting causes excessive erosion by wind or water run off, contamination of adjoining water resources and leads to improper drainage and damage to adjacent properties. 2. Definitions: for the purpose of this Section the following words shall have the meanings specified below: a. Meadow Vegetation: Grasses and flowering and broad leaf plants which are native to, or adopted to, the State, which are commonly found in meadow and prairie plant communities, except weeds. b. Noxious Weeds: Those plants, which are determined from time to time to be noxious weeds pursuant to Minnesota Statutes. c. Regularly Cut: Mowing or otherwise cutting the vegetation so that it does not exceed; i. Eight inches (8 ") in height in AG, AP, RR and WM districts; cut at least once yearly to this height, however installed lawns composed of turf grasses on the residential sites within these districts shall be held to the standard in section ii. - Six inches (6 ") in height in R1, R1A, R2, R3, R4, Cl, C2, C3, C4, BP, IP, GI, and PI districts. d. Turf Grasses: Grasses commonly used in regularly cut lawn areas, such as bluegrass, fescue, and rye grass blends, and nonwoody vegetation interspersed with them. e. Weeds: Include all noxious weeds; buffalobur, common cocklebur, crabgrass, dandelions, jimsonweed, quackgrass, common and giant ragweed, field sandbur, velvetleaf, and wild sunflower. Weeds also include anything that is horticulturally out of place. For example, a tree seedling is a weed in a vegetable garden. A property owner may establish that a plant or plants are not horticulturally out of place by providing a written landscape plan for the area in question, complete with a listing and locations of plant species. The plants specifically listed above may not be included within the landscape plan. Vegetation that does not comply with this plan will be considered weeds. 2 r f. Prairie Vegetation: Plants, wildflowers, and grasses accepted as components of prairie vegetation by the Minnesota DNR or University of Minnesota Agricultural Extension Service as common or adapted to the prairie.vegetation of Minnesota, but not noxious weeds. 3. Maintenance Standard: The minimum standard in this Section applies to property which has been developed with a "building" as defined in the Building Code, including vacant property combined with developed property for this purpose, and a parcel of property which has been completely or partially disturbed by demolition, grading or other means in preparation for development or redevelopment. a. All turf grasses and weeds must be regularly cut and not exceed a height as specified in 9 -4 -D: 2, c., i., or ii, and as required in section 5 -2 -2:13 of the City Code. b. Front, side, and rear lawns must be established and maintained on each property in'the City as required below: i. Any property that has a Certificate of Occupancy issued prior to, or on, August lst of any calendar year must establish a lawn of accepted vegetation by seed, sod, or other planting within the same calendar year. ii. Any property that has a Certificate of ' Occupancy issued after August I' of any calendar year must establish a lawn of accepted vegetation by seed, sod, or other planting by July Vt of the following calendar year. iii. The boulevard, right of way area, must be established by the application of sod. iv. Any developed property that was legally occupied or has a Certificate of Occupancy that has not established a lawn prior to the adoption and publication date of this ordinance must establish a lawn of accepted vegetation by seed, sod or other planting by August 1" of the year this ordinance is adopted and published. v. If the lawn is not installed in a manner and timeframe as required by this ordinance the property owner will be in violation of this chapter. 3 vi. All established lawns must be regularly cut and maintained as required by this or any other ordinance, statute, rule, or regulation established by authorized City, County, State, or Federal Agencies. c. This requirement does not apply to the following: i. A wetland, floodplain, or conservation easement designated on the Wetland Management Plan, Official Zoning Map, or any other available wetland inventory or other maps on file with the City. ii. A drainage pond or ditch, which stores or conveys storm water. iii. A pasture which is: a) currently being used for the exercise or feeding of farm animals, b) physically surrounded by a permanent fence which separates the pasture from property used for other purposes, c) at least one -half (1/2) acre in size, and d) undeveloped with any habitable buildings. iv. An area in which the land and vegetation appear not to have been graded, landscaped, mowed, or otherwise disturbed by human or mechanical means at any time. Determination of what constitutes this type of area will be based on a reasonable judgment of the present appearance of the area. The recent history of the area may be relevant to this determination. v. An area established with meadow or prairie vegetation if 1. The prior vegetation is eliminated and replaced through transplants or seed and landscape and erosion control plans are approved prior to elimination and reintroduction of accepted vegetation. 2. The area is cut at least once per year to a height as specified in 9 -4 -D: 2, c., i., or ii. 4 3. A sign is posted on the property in a location likely to be seen by the public, advising that a meadow or prairie is being established. The sign is required only if the vegetation is in an area likely to be seen by the public. This sign shall be in addition to any sign permitted by the Sign Ordinance but shall be no smaller than ten inches (10 ") square, no larger than one square foot, and no higher than three feet (3') tall. The sign is no longer required when weeds cover twenty five percent (25 %) or less of the area. vi. See City Code, Section 5 -2 -2 for noxious weed control enforcement procedures. 9 -4 -8:B is amended as follows: B. For the purpose of safeguarding the health and safety of the general public and of the occupants of dwellings, it is the duty of the appropriate City Official, or his or her designee, to enforce this Chapter, and, this official is hereby authorized and directed to conduct inspections to determine the condition of dwellings, residences, and premises located within the City. C. For the purpose of making.such inspections, the appropriate City official is hereby authorized to enter, examine and survey, between the hours of seven thirty o'clock (7:30) A.M. and four thirty o'clock (4:30) P.M., all dwellings, residences, and premises. D. Such inspection, examination, or survey shall be made so as to cause the least amount of inconvenience to the owner or occupant, consistent with an efficient performance of the duties of the appropriate City official. E. Provided, that nothing in this Section shall be construed to prohibit the entry of the appropriate City official. The required notice is waived when. 1. At any time when in the opinion of the appropriate City official an actual emergency tending to create an immediate danger to public health and safety exists; or 2. At any time when such inspection, examination, or survey may be requested by the owner or tenant. 5 9 -4 -$:B is amended by the insertion of the following paragraph: 3. Enforcement and inspection of lawn maintenance and noxious weed nuisances will be conducted as required in section 5 -2 -4, 5 -2 5, and 5 -2 -6 of the City Code. Section 2. Section 5 -2 -2B of the Rosemount City Code is amended as follows: B. All Zoning Districts and Unplatted Properties: All weeds (other than noxious weeds), growing grasses and vegetation (other than trees, ornamental shrubs, and agricultural crops) upon any lot or parcel of land in the City will be maintained to the standards set forth in section 9 -4 -D, Lawn Maintenance, of the City Code. Section 3. This ordinance will become effective from and after its date of publication. Adopted this _ day of , 2003. William Droste, Mayor ATTEST: Linda Jentink, City Clerk Published this day of 2003 in the Rosemount Town Pages. 6 P c City of Farmington 325 Oak Street Farmington, MN 55024 463 -1600 Farmington Turf Establishment Requirements Information Sheet In order to insure that turf is installed to prevent erosion control and is established on building sites in a timely manner, the City of Farmington has required the following procedures for the establishment of turf: 1. Interior lots shall be sodded from the roadside edge or the unpaved right -of -way to the back corners of the furthest -most building. 2. Corner lots with two sides of the lot adjacent to the street; in the front yard, sod shall be installed from the roadside edge or the unpaved right -of -way in the front of the building to the back corners of the furthest -most building. Sod shall also be installed on the street side yard within the boulevard commencing at the rear corner of the building to the rear lot line. 3. All areas that required silt fences during construction and along any portions of the lot that adjoin drainage easements shall be sodded. 4. Any remaining disturbed areas not mentioned above shall be seeded. 5. Silt fences must be maintained throughout the construction period until new vegetation is established, 6. Turf slopes in excess of 3:1 are prohibited. 7. The required sod must be in place before a Final Certificate of Occupancy will be issued. If the sod is not in place and occupancy is requested by the builder, a Temporary Certificate of Occupancy may be issued. The builder/homeowner is required to install sod within sixty (60) days after the Temporary Certificate of Occupancy is issued. It is the responsibility of the owner to establish turf in the area where sod is not required. A Final Certificate of Occupancy will be issued only after the turf has been established. The remaining areas of a lot that are not required to have turf established prior to issuance of the Final Certificate of Occupancy should be established with turf within sixty (60) days after the issuance of the Final Certificate of Occupancy: 8. In periods of adverse weather conditions between approximately October 16 and April 31S a temporary Certificate of Occupancy may be issued, but the installation of • sod must be completed on or before July 1St 9. The City shall collect a surety for the As -Built Certificate of Survey and turf establishment before any building permit is issued. The surety will be returned when the as- built certificate of survey, sod and seed requirements have been approved. If these requirements are not met, the surety will be used to either complete the grading of the lot consistent with the grading plan and/or complete the installation of the sod and seed. Questions and comments may be directed to the City of Farmington Engineering Division at 463 -1600. 07/01 0 f. rA U -L Z I U A E ER tRE 6 S Xd h ook MOM ' CAL *SOUTH SUBURBAN EDITION . nWWW.TWINCITIES.COM , TUESDAY - DAKOTA COUNTY OCTOBER 2002' it s ill �a e0 7 �. _ Ow ners Tun 0 r o. 3 propert� face citations' ,° 7 BRIM Pioneer : ! n � -a sign ties. ,are serous about addressuig the - 4pidatiad­ prqb .o a :properties; 7 D akota three ? communities t in aun are p arti iiii _14-:44,5TM, _ --- ain W - is -o hou ' p e e' --. r _ repair bli ro the h6ed 'r suc .2 —ban county is , , nceof,: sub u rban fu rt h er evide W Fi r st "wi ol , housin growing-Inver Gro*ve 'Hel &tang part in ,:Dakota County Distri Judg Lhollk,:Meii6if: who became'. ­ con - by suburban official&'-that Judges . weren't paying:, enough attentionto the issue,` heard " the case8 4 #: of 1 9 PL courtroom grand fth io� seqeme'o.., e ei t akin g these cases seriously. enough," Metzeii said. - `We unposed a'smalI fine and senfthem Eli ome ' ownersT -- away._ - .We�- weren't h avmg7mW ' * of bLn impact." Wh' M .around * etzen�� Iooked en As a lot, they were obvious. Hoofing ly not happy to be hauled before the court. "This is com- C n�+ munism," one spectator said, to V i cheers around him. Metzen . ordered one man to undergo.a (continued) sobriety test, which he passed, because he had been belliger- "I would say we have a half dozen houses that should be torn down," MeisiAger said. "Beyond , those half -dozen homes,. the housing stock is smind. The aesthetics need. work. The property needs to be maintained to a point where it a ate a community housing court, ent in front of her. Another doesn't affect neighboring she said she found examples in man simply refused to pay a property values." urban settings, but none in $50 fine to cover prosecution strictly suburban jurisdictions. ' costs, calling it . "ridiculous," Brian Boiner can be. reached at While practices . vary from h and Metzen ordered a pre -trial bbonner @pionee7ress.com or , place to place, community (651) 228 -2173. courts usually have several common features. Mainly, the.. Approximatell, f .idea is to tacltde`so= calred "Iiv a t hird Of ability issues,". such as housing,= drugs or prostitution, in a. more focused and streamlined man West St. Paul'$ ner. for In .Dakota County housi stock was ty, .... g - instance, by • hearing. misde -- �• '- °' � ` .: - '� meanor housing -code viola - built before 1950:. ' A gro wll9g ' Rr©blet?7 tions separately from other Rundown housing. in older parts of Dakota r' types of cases, Metzen said that County is commanding more attention; judges and city prosecutors from.city and court. officials West St Paul, rl could be more consistent in date. South St. Paul and Inver Grove Heights their approach and follow -up: Generally, Metzen gave the participating m a new community -court - DAki3TA. In the more informal setting accused. property owner one. of af of a communi aineauvneFS to -flx diCa date a Ca11NTY ty court,, more two options. The first was tod P€ P p plead g est5taff�as euetarg over, homeowners can be �ed seccft p guilty , agree to fix the x a x directly touch with city problem b a certain deadline; ` tllcxxdar nape ans bas Y . tl' Y tlxe ac and cvit�ci ost a ; cials for information about low= and pay a $50 fine to .cover interest :loans or other pro- court-. costs. If the fine 'is paid' ; P 1 o � ,m grams. In court last Thursday,. - and the problem is resolved by `! for example, Metzen ordered the due date, Metzen said, the ' ~' ®. Data �daitect h ,n 9 ' a someone sentenced to perform guilty plea would not be accept Pn ... community service to repair ed, meaning the case would be.. the dilapidated. fence of a'dis dismissed ablled woman. The alternative was to plead�a eorg si But the more traditional not guilty, setting the stage for..; remedy of court- imposed f ines...i atrial and a:much stiffer fine I - and the threat of even stiffer to a maximum of a $1,000 fines — was still the most popu the personas found guilty of not :a Iar sanction used in the 50 or so„: malflng.the necessaryrepairs ';a�, cases heard by: Metzen .on,. Metzen said it is too.early to e' Oct 3' in the Northern Dakota. tell whether the commumfy . po rs ,5 SAS co County Service Center housing court will succeed i While all of last weeks West St. Paul city officials ' © x cases involved West St. Paul while aeknowled ' �g the y ar z e property owners,' Metzen said u South St. Paul and Inver: Grove facing serious housing .'rob Heights city officials will' bring lems in a few.meighborhoods,. 4 � , cases to. the co mmuni hOUS- s .PlONEERpRE55 t3' put ` a positive spin pg— the ;..; ing court at its first - Thursday- court's creation r '; of -the -month sessions. called 'rt a .welcome Both West St. Paul and outgrowth 'of a two year.. city... ; South St Paul are first -ring program.. called.. _Pro- Acttive: suburbs with populations that rt Code Enforcement,: or PAGE, to aren't growing about, 20,000 inspect and order 'repairs on residents live in each city. By problem properties. contrast, Inver Grove Heights "We decided to take. a pro- — with 30,000 residents — is active approach onmaintaining growing fast. housing and rehabilitating"',] Homeowners ordered to housing, in. hopes. it -appear before Metzeii1ad been attract businesses and new .. re& - cited by city inspectors. - often idents," said' West:, ,St.. Paul repeatedly sometimes more Mayor ..Dave Meisinger than a year ago — for dilapidat- . more' '.• of a. '.;streamlined. ed roofs, foundations. , or approach.•... ", • : - = garages, peeling paint,: storing While about a third of West. junk cars or unkempt property St. `Paul's housing. stock., was. in violation of various city ordi- . built before. 1950 „, ,Meisinger nances, _ believes only a small number. of. District Courts-Template ;rrrpi rrretawarrtrn�E;t mite trtivx Page 1 of 2 i� ' � c• °" " t;t�tCt�.i C�t;li hak rw ere are District Courts Community Court Courts Home About District Court Adoptions The first Community Court in Dakota County was held October 3, 2002 at the new Northern Service Center in West St. Paul. Community Court was established by Judge Leslie M. Metzen to offer a speedier, more efficient resolution of certain Civil Court established liveability issues involving the cities of West St. Paul, South St. Paul and Community Court Inver Grove Heights. Conciliation Court Conservatorships/ Prior to starting a Community Court in Dakota County, several meetings with community Guardianships members and local law enforcement took place. It was determined that problem properties- ordinance violations, and property offenses would be well suited Contact Us for Community Court. Criminal Directions The goal of a Community Court is to involve community members in addressing these Family Court issues; make sentencing more relevant to the offense; target quality of life crimes that impact the community; hold offenders accountable to the victim and community; and Fax Filing to reduce the tendency to repeat the offense. Filing Fees Forms (printable) While property offenses and property ordinance violations are not new to Dakota Government Links County, the way the courts handles them through Community Court is a change. Homeowners can put directly in contact with city officials for information about low- Holiday Schedule interest loans or other programs. Jury Services Juvenile "There was a sense that, in the grand scheme of the hierarchy of criminal offenses, Probate /Mental judges weren't taking these cases seriously enough," Metzen said. "We imposed a Health small fine and sent them [homeowners] away. We weren't having much of an impact." Record Checks Request a An important principle of Community Court is judicial monitoring. The judge stays Subpoena p involved in monitoring the progress of these offenses and reviews compliance of offenders. Traffic and Misdemeanor Weddings Homeowners ordered to appear before Community Court haae been cited by city inspectors.— often repeatedly, sometimes more than a year ago — for dilapidated roofs, foundations or garages, peeling paint, storing junk cars or unkempt property in violation of various city ordinances. ``Community member volunteers will be crucial to the success of Community Court. Volunteers are needed to work with code enforcement officers, neighbors, and owners of properties that need clean up and repair. Volunteers will help owners find assistance; mediate relationships with neighbors; and support the'homeowner in their attempts to clean up their property. Community Court is scheduled the first Thursday of the month at the new Northern Service Center in West St. Paul. The information contained on this site is not intended as legal advice but as a general guide to explain the legal process. This information was last updated 10/10/02 . f http: / /www.co.dakota.mn.us /courts /Community %20court.htm 1/30/2003 Officials I Links I Contac I Privacy Policy & Disclaime 1 auuu! lviuPN zuiu IMVIng LJtrecttuns O Cal;; Maps Yahoo! Maps Back to Map 1 Mendota Rd, South St Paul, MN Page 1 of 1 O When using any driving directions or map, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning. Copyright ® 2003 Yahoo! Inc. All rights reserved. Privacy Policy - Terms of Service - Yahoo! Maps Terms of Us - Heln - Ad Feedbac /pmaps.py ?Pyt = Tmap& ed= MrYAtep_ OTrptugZb1OLW6YQcl35wuWfzH789E6 JrWXGgPG.wt5dW4 /2/2003