HomeMy WebLinkAbout7.b. (6.m.) Title 9, Building Regulations, Rewrite of City CodeCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: September 2, 1997
AGENDA ITEM: Title 9, Building Regulations, Re -write (City
AGENDA SECTION:
Code)
Consent
PREPARED BY: Dan Rogness, Community Development Director
AGENDA.�Y
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ATTACHMENTS: Memo from Paul Heimkes; Proposed Ordinance
APPROVED BY:
Paul Heimkes has completed additional research on construction start/end times s emo). Based on this
information, staff is recommending a start -time of 7:00 a.m. and an end -time :00 p.
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RECOMMENDED ACTION: MOTION to Adopt Ordinance No. , Title 9, Building Regulations
COUNCIL ACTION:
MEMORANDUM
To: Dan Rogness, Community Development Director
Rosemount City Council Members
From: Paul Heimkes, Building Official
Date: August 21, 1997
Subj.: City Code, Title Nine - Recommended Changes From The August 19th
City Council Meeting.
This memorandum is provided as a follow-up to your recommendations and request for further
information regarding construction noise and start and end time -frame information from
surrounding communities. The recommended changes to item "K" of section 9-5-3 have been
completed as requested and the results of the survey are contained herein. The following
information summarizes a ten city survey.
Apple Valley 6:00 am to 10:00 pm
Lakeville 7:00 am to 10:00 pm
Eagan 7:00 am to 7:00 pm
Inver Grove Heights Has No Ordinance Regulations
Burnsville 7:00 am to 10:00 pm
Hastings Has No Ordinance Regulations
Farmington Has No Ordinance Regulations
(Regulates Time Through Dev. Agreement 7-7)
So. St. Paul 7:00 am to 10:00 pm
West St. Paul 7:00 am to 10:00 pm
Woodbury 7:00 am to 10:00 pm
Based on the outcome of the survey it is my recommendation that we modify the original proposal
to reflect a time -frame of 7:00 am to 10:00 pm, weekdays, as shown in the revised language.
Memorandum
To: City Council Members
Planning Commission Members
From: Paul Heimkes, Building Official
Date: July 22, 1997
Subj.: Proposed Update and Draft Language for Title 9 of the City
Code for Your Consideration. Summary of Proposal.
Attached for your consideration is an updated version of Title 9 of the Rosemount City Code.
The current ordinance is in desperate need of updating and it is essential that language is added to
properly manage current issues that are affecting us as growing community. Most of the existing
language in Title 9 was adopted in the 70's and early 80's and is, when compared to most
ordinance language, "lacking substance" for proper enforcement. To maintain a more
professional and progressive code enforcement program, the attached version is being proposed.
Within this proposal, we are suggesting a repeal of all existing portions of City Code Title 9
language and a replacement with the attached draft version. The proposed draft language has
already been reviewed by city staff and legal council and, with your recommendations, should be
ready for adoption.
A copy of the current language of Title 9 is attached for comparisons. In summary, all language
was reviewed for legalities, clarity and prevailing or current measures with respect to code
enforcement language. In the paragraphs below I have tried to outline the purpose, intent and
changes to each chapter within the new version of Title 9. As you can see, some chapters are
entirely new and will need to be closely scrutinized.
Title 9 - Chapter 1: Building Code;
This chapter has been rewritten in its entirety. Clarification of the adoption of the State Building
Code and all amendments was afforded and, most importantly, language was added which
provides for the legal grounds for the enforcement and administration of all other codes and
regulations outside of the State Building Code. This included language for permit validity, permit
expiration, the setting and adoption of permit fees and structure values and proper penalty
language for misdemeanor violations and appeal processes. Although it is totally rewritten, the
new language is similar in its intent, but it applies to all construction activities for which we issue
permits on.
Title 9 - Chapter 2: Excavations and Grading;
This section was already in the existing version of Title 9 and in this draft version we have
changed it very little. In fact, the only changes that were made was to the enforcement and
penalty sections of the existing language. This we feel, will bring it more in line with the State
Statutes for misdemeanor offenses.
Title 9 - Chapter 3: Electrical Installations;
In the changes to this section, we cleaned up all gender references, removed ordinance language
regulating the Electrical Inspectors moral character, clarified city contracting language for the
Electrical Inspectors position, added and updated language for the adoption of the current State
Electrical Code and added Electrical Inspector and Contractors' licensing and insurance
requirements.
Title 9 - Chapter 4: Building and Property Maintenance;
Changes made to this chapter were minor. We added "retaining walls" to some portions of the
code language for the enforcement and maintenance of these types of structures. We rewrote the
abatement provisions for the sake of clarity, and we updated the penalty section to conform with
Minnesota Statutes language.
Title 9 - Chapter 5: Building Code; Moved Buildings and Structures;
This is a totally new chapter in Title 9 of the City Code. It provides language for the regulation of
the transport and moving, storage and placement and moved building and structure exterior
conditions and treatments. It also provides for language which regulates moved building site
conditions and time lines and bonding requirements for the completion thereof.
Title 9 - Chapter 6: On -Site Septic Regulations;
This chapter has very few modifications. It is only "new" in that it was removed from the City
Zoning Code (section 14.6) and placed within this Title of the City Code. The purpose of the
change is to remove the ability for a person to appeal the septic rules to the Planning Commission.
These rules should not be appealable and thus, need to be placed within the City Code.
Title 9 - Chapter 7: Construction Operations and Excessive Noise;
This is also a totally new chapter in Title 9 of the City Code. I think the purpose for the proposed
rules are obvious. The City currently has no ordinances regulating construction activities of any
type and with the activity we've seen over the past few years, this is something long past due.
I would hope that you take a close look at the construction hours I've proposed in section 9-7-2.
This section is probably the most important language contained in the entire chapter and needs to
be carefully thought out. Your close scrutiny would be appreciated.
The entire proposal needs careful consideration on your part, however the general language and
legal format should be adequate. If you should have any questions or need clarification on any of
the changes, feel free to contact me. I would be glad to explain our intentions for any section of
the draft language. My direct office number is 322-2027.
CITY OF ROSEMOUNT
STATE OF MINNESOTA
ORDINANCE NO.
Title 9, Building Regulations
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA ORDAINS that
Section 14.6, Ordinance B of the Rosemount Zoning Regulations and Title 9 of the
Rosemount City Code are hereby repealed in their entirety, and the following is substituted
therefor within the Rosemount City Code
TITLE 9
BUILDING REGULATIONS
SUBJECT
CHAPTER
Building Code 1
Excavations and Grading 2
Electrical Installations, Regulations 3
Building and Property Maintenance 4
Building Code; Moved Buildings and Structures 5
On -Site Sewage Treatment System Regulations 6
Construction Operations and Excessive Noise 7
CHAPTER 1
BUILDING CODE
SECTION:
9-1-1: State Building Code Adopted
9-1-2: Building Code Application, Administration and Enforcement
9-1-3: Building Code; Permits, Fees and Surcharge
9-1-4: Building Code; Violations, Penalties and Appeals
9-1-1: State Building Code Adopted:
A. Building Code. The Minnesota State Building Code, in its most current edition,
established pursuant to Minnesota Statutes 16B.59 to 1613.75, is hereby adopted as the
Building Code for the City of Rosemount. The Code is hereby incorporated in this
Ordinance as completely as if fully set out herein. A copy of the State Building Code shall
be kept available for public use in the office of the City Building Official.
B. Optional Appendixes. As authorized by Minnesota Rule Part 1305.0020 Subpart 2,
the following Appendix chapters of the Uniform Building Code are hereby adopted
without change and incorporated as part of the Building Code for the City of Rosemount;
1. Appendix Chapter 15, Reroofing
2. Appendix Chapter 31, Division II Membrane Structures
3. Appendix Chapter 33, Excavation and Grading
C. Special Fire Protection Systems. As authorized by Minnesota Rule Part 1306.0100
Subpart 2, the sprinkler system requirements of Minnesota Rule Part 1306.0100 Subpart
3, with the selection of optional Item "8a" , are hereby adopted without change and
incorporated as part of the Building Code for the City of Rosemount.
9-1-2: Building Code Application, Administration and Enforcement:
A. Procedures and Administration. The application, administration and enforcement
of the Code shall be in accordance with Minnesota Rule Part 1300.2100 as modified
by Chapter 1305.
B. Protective Inspections Division. The Community Development Department shall
contain the "Protective Inspections Division". The Protective Inspections Division shall
be the code enforcement agency of the City of Rosemount, under the direction of the
Community Development Director. The administrative authority of the Protective
Inspections Division shall be the Building Official.
C. Building Official. For the purposes of this section, the Building Official is
responsible for the administration and enforcement of all applicable Building Codes in the
City of Rosemount.
D. Licensed Activities. Except as otherwise provided in this section, it is unlawful for
any person or firm to perform any work subject to the provisions of the Building Code
unless he/she is currently licensed to do so under applicable provisions of this Title or
State Law. Such work includes, but is not limited to general residential contracting or
roofing or reroofing, general contracting electrical, plumbing, gas appliance installation,
high pressure steam fitting and elevator construction.
E. Certificate of Occupancy. With the exception of group "V' occupancies, no
building or structure shall be used or occupied, and no change in the existing use or
occupancy classification of a building or structure or portion thereof shall be made until
the Building Official has issued a Certificate of Occupancy in accordance with the
Minnesota Building Code for said use.
9-1-3: Building Code; Permits, Fees and Surcharge:
A. Permits Required, General Rule. It is unlawful for any person, firm or corporation
to perform work subject to the Building Code for which a permit is required without
having obtained such permit and paid the fees as required and established by the
City Council by resolution. The Building Official shall establish a system for permit
issuance, fee collection, permit expiration and/or suspension and fee refunds of said
permits in accordance with the Building Code.
B. Plumbing Permits, Required. It is unlawful for any person, firm or corporation to
make any installation, alteration, repair or replacement or to remodel any plumbing system
regulated by this code without having obtained a plumbing permit and paid required fees
as established by the City Council by resolution. The provisions of this paragraph
(Paragraph B) shall not apply to the following;
1) The stopping of leaks in drains, soil, waste or vent pipe, provided,
however, that should any concealed trap, drainpipe, soil, waste or vent pipe
become defective and it becomes necessary to remove and replace the same with
new material, the same shall be considered as new work and a plumbing permit
shall be procured and inspection made as provided in this code.
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2) The cleaning of stoppages or the repairing of leaks in pipes, valves or fixtures,
or the removal and reinstallation of water closets, provided such repairs do
not involve or require the replacement or rearrangement of valves, pipes or
fixtures.
Exemption from the permit requirements of this code shall not be deemed to grant
authorization for any work done in violation of the code.
C. Permit Validity and Expiration. All permits issued in the City, and in accordance
with this Code, shall be valid, shall expire or be suspended or revoked in accordance with
the most current edition of the Minnesota Building Code, and as referenced in the Uniform
Building Code, Chapter 1.
D. Permit Fees. The issuance of permits and the collection of fees shall be as
authorized in Minnesota Statute 1613.62, subdivision 1, and as provided for in the Building
Code. All permit fees shall be established and reevaluated by the City Council on a
periodic basis, and be charged in accordance with the fee schedule, as adopted by
resolution.
E. Valuation. The Building Official shall utilize the "Chart of Estimated Construction
Cost" as annually published by the Nlinnesota Department of Administration, Building
Codes and Standards Division to compute building valuations for the purposes of
establishing Rosemount permit fees. The construction cost chart shall be updated annually
and adopted by the City Council by resolution.
9-1-4: Building Code; Violations, Penalties and Appeals:
A. Violation. It shall be unlawful for any person, firm or corporation to erect,
construct, enlarge, alter, repair, move, improve, convert or demolish, equip, use, occupy
or maintain any building or structure or portion thereof in the City of Rosemount, or cause
the same to be done contrary to or in violation of any provision of the Building Code
embodied in this Chapter.
B. Penalties. Persons, firms or corporations found to be in violation of any provisions
of this Chapter shall be deemed guilty of a misdemeanor offense in accordance with
Minnesota Statutes, Section 609.02. Each day during which a violation of the Building
Code is committed, continued or permitted, constitutes a separate offense.
C. Appeals. In order to hear and decide appeals of orders, decisions or determinations
made by the Building Official relative to the application and interpretation of this Chapter,
an appellant shall complete the city application for code appeals and submit said
application to the City Clerk, and, a hearing shall be scheduled within thirty (30) days
of receipt of the complete application. For the purposes of code appeals, the City Council
shall be deemed to be the official Board of Appeals. All decisions and findings shall be
rendered final as determined by the Board of Appeals unless or until overruled by the
Commissioner of the iVlinnesota Department of Administration, in accordance with
Minnesota Statutes, Section 16B.67. The Board shall render all decisions and findings
within 30 days, in writing to the appellant. The Board of Appeals shall not have the
authority to waive any requirements of this Code.
CHAPTER 2
EXCAVATIONS AND GRADING
SECTION:
9-2-1: Special Requirements
9-2-2: Variances Prohibited
9-2-3: Violations, Enforcement and Penalties
9-2-1: Special Requirements:
A. Excavating and Grading Conditions and Special Requirements. The Building
Official may impose additional conditions and special requirements, consistent with the
intent and purpose of Uniform Building Code Appendix Chapter 33, as adopted herein,
including but not limited to fencing, screening, erosion control measures relating to the
excavation and grading of sites, where protection of public welfare, public interest and
property warrants such action.
B. Water Resources NIanagement. In addition to the requirements contained herein;
all excavation and grading activities within the City of Rosemount shall be performed in
strict compliance with this Code of Ordinances.
9-2-2: Variances:
Where the City Council finds that hardships may result from strict compliance with these
regulations or that unusual topographical conditions exist, it may vary these regulations so
that substantial justice may be done and the public interest secured, provided that such
variation will not have the effect of nullifying the intent and purpose of this Chapter.
9-2-3: Violations, Enforcement and Penalties:
A. Enforcement. The City Council may, for failure of any person to comply with any
requirements made in writing under the provisions of Section 9-2-1, as promptly as the
same can reasonably be done, proceed to cause such requirement to be complied with, and
the cost of such work be taxed against the property whereon the pit, excavation, gradin;
or fill is situated when authorized by law; or the City may at its option proceed to collect
such costs by an action against the person to whom such permit has been issued, and their
superiors, if a bond or cash deposit exists.
B. Penalties. Any person who shall refuse, neglect or fail to comply with any
requirement of this Chapter or who shall fail to comply with any order issued under this
Chapter is guilty of a misdemeanor offense. Violators shall be punished in accordance
with Minnesota Statute, Section 609.02. Each day of violation shall constitute a separate
offense and shall be punished accordingly.
CHAPTER 3
ELECTRICAL INSTALLATIONS, REGULATIONS
SECTION
9-3-1: Application of Provisions
9-3-2: Electrical Inspector; Qualifications and Appointment
9-3-3: Standards for Electrical Equipment Installations
9-3-4: Wiring Methods
9-3-5: Connections to Installation
9-3-6: Permits and Inspections
9-3-7: Inspection Fees
9-3-8: Liability for Damages
9-3-9: Penalty
9-3-1: Application of Provisions:
A. Electrical Code Applications. The provisions of this Chapter shall apply to all
installations of electrical conductors, fittings, devices and fixtures hereinafter referred to as
electrical equipment within or on public and private buildings and premises, with the
following general exceptions. The provision of this Chapter do not apply to installations
in mines, ships, railway cars, aircraft or automotive equipment, or the installations or
equipment employed by a railway, electric or communication utility in the exercise of its
functions as a utility, except as otherwise provided in this Chapter.
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B. Safe Installations. As used in this Chapter, "reasonably safe to persons and
property" as applied to electrical installations and electrical equipment means safe to use in
the service for which the installation or equipment is intended without unnecessary hazard
to life, limb or property.
C. Electrical Code. For the purposes of interpretation of the provisions of this
Chapter, the most recently published edition of the National Electrical Code shall be prima
facie evidence of the definitions, interpretations and scope of words and terms used in this
Chapter.
9-3-2: Electrical Inspector; Qualifications and Appointment:
A. Electrical Inspector. There is hereby created the office of Electrical Inspector.
B. Appointment. A certified State Electrical Inspector shall be appointed by the City
Council and need not be a City employee. Any assistant shall meet the same requirements
as the Electrical Inspector.
C. Inspector Qualifications. The salary of the Electrical Inspector shall be determined
by resolution of the City Council. Before commencing duties, and on a biennial basis, the
Electrical Inspector shall provide evidence of State licensing as a State Electrical Inspector
and provide proof of required bonding through the State Board of Electricity to the City
Clerk.
D. Duties. It shall be the duty of the Inspector to enforce the provisions of this Chapter.
The Electrical Inspector shall, upon application, grant permits for the installation or
alteration of electrical equipment and shall make inspections of electrical installations, all
as provided in this Chapter. The Electrical Inspector shall keep complete records of all
permits issued, inspections, and re-inspection(s) made and other official work performed
in accordance with the provisions of this Chapter.
E. Inspector Prerequisites. It shall be unlawful for the Inspector or any assistant
to engage in the sale, installation or maintenance of electrical equipment, directly or
indirectly, and they shall have no financial interest in any concern engaged in such business
in the City.
F. Authority of Electrical Inspector. The Inspector shall have the right during
reasonable hours to enter any building or premises in the discharge of official duties, or
for the purpose of making any inspection, re -inspection or test of electrical equipment
contained therein or its installation. When any electrical equipment is found by the
Inspector to be dangerous to persons or property because it is defective or defectively
installed, the person responsible for the electrical equipment shall be notified in writing and
shall make any changes or repair required in the judgment of the Inspector to place such
equipment in safe conditions. If such work is not completed within fifteen (1 5) days or
any longer period that may be specified by the Inspector in said notice, the Inspector shall
have the authority to disconnect or order discontinuance of electrical service to said
electrical equipment. In cases of emergency where necessary for safety to persons and
property, or where electrical equipment may interfere with the work of the Fire
Department, the Inspector shall have the authority to disconnect or cause disconnection
immediately of any electrical equipment.
G. Deputies. The Inspector may delegate any of the Inspectors powers to any of the
Inspectors assistants.
H. Responsibility. The City Electrical Inspector shall function under the applicable
policies of the City Protective Inspections Divisions and the City Building Official.
9-3-3: Standards for Electrical Equipment Installations:
A. Standards. All installations of electrical equipment shall be reasonably safe to
persons and property and in conformity with the provisions of this Chapter, the applicable
Statues of the State of Minnesota and all orders, rules and regulations issued by the
authority thereof.
B. National Electrical Code. Conformity of installations of electrical equipment with
applicable regulations set forth in the current National Electrical Code, National Electrical
Safety Code or electrical provisions of other safety codes which have been approved by
the American Standards Association shall be prima facie evidence that such installations
are reasonably safe to persons and property, together with such additions and exceptions
contained herein. Noncompliance with the provisions of this Chapter shall be prima facie
evidence that the installation is not reasonably safe to persons and property.
C. Alternative Methods and Modifications. When there are practical difficulties
involved in carrying out the provisions of this code, the Electrical Inspector, with approval
of the City Building Official, may grant modifications or accept alternative methods for
individual cases. The Electrical Inspector shall first find that a special individual reason
makes strict letter of this code impractical and that said alternative or modification is in
conformance with the intent and purpose of this code and that said alternative or
modification does not lessen any life -safety or fire protection requirements or any degree
of structural integrity. The details of said actions shall be recorded and entered into the
permanent files of the department.
D. Moved Buildings and Structures. Buildings or structures moved from without to
within and within the limits of the City shall conform to all of the requirements of this
Chapter for new buildings or structures.
0]
E. Change of Use or Occupancy. Existing buildings or structures hereafter changed in
use shall conform in all respects to the requirements of this Chapter for the new use.
9-3-4: Electrical Installations:
All electrical installations shall be designed and installed in accordance with the most
current edition of the ;✓linnesota Building Code and National Electrical Code as adopted
by the State of Minnesota.
9-3-5: Connections to Installations:
A. Equipment Connections. It shall be unlawful for any person to make connections
from a supply of electricity to any electrical equipment for the installation of which a
permit is required or which has been disconnected by the Electrical Inspector without first
securing a permit.
B. Electrical Disconnection Orders. The public or private utility providing services
shall disconnect the same upon a written order from the Electrical Inspector, if the
Inspector considers any electrical installation unsafe to life and property or installed
contrary to this Chapter.
C. Permit Exemptions. No permit shall be required for minor repair work as defined in
Minnesota Statute, Section 326.244, meaning the adjustment or repair and replacement
of worn or defective parts of electrical fixtures, switches, receptacles and other equipment;
provided, that such minor repairs are made in compliance with accepted standards of
construction for safety to life and property as defined in Minnesota Statue, Section 326.
243 and do not require replacement of the wiring to them. The city's inspectors or agents
may inspect any such minor repairs at the request of the owner or person making such
repairs.
9-3-6: Permits and Inspections:
A. Permits Required. An electrical permit is required for each installation, alteration or
addition of electrical work for light, heat and power within the limits of the City.
B. Work Exempt From Permit. No permit shall be required for electrical installations
of equipment owned, leased, operated or maintained by a public service corporation which
is used by said corporation in the performance of its function as a utility, except that such
electrical installations shall conform to the minimum standards of the National Electric
Code.
C. Public Utilities. Ownership of any transmission or distribution lines or
appurtenances thereto, including but not limited to transformers, shall not be transferred
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by a public service corporation to any person, except another franchised public service
corporation dealing in electric energy for distribution and sale, without a permit first
having been issued therefor by the City. Such permit shall be issued only after the
facilities to be transferred have been inspected and approved as provided in this Chapter
and upon payment of an inspection fee as set forth in this Section.
D. Permit Fees. Before any permit is granted for the installation or alteration of
electrical equipment, the person making application for such permit shall pay the City a fee
in such amount as is set by resolution of the City Council and furnish proof of a valid State
Electrical Contractor's License, in accordance with the Minnesota State Building Code
and vlinnesota Statutes.
E. Permit Application. Application for such permit, describing the electrical work to
be done, shall be made on a State application, in writing, to the City by the person
registered to do such work. The application shall be accompanied by such plans,
specifications and schedules as may be necessary to determine whether the electrical
installation described will be in conformity with all legal requirements. The fees for
electrical inspection as set forth by resolution shall accompany such application. If the
applicant has complied with all of the provisions of this Chapter, a permit for such
electrical installation shall be issued.
F. Inspection Scheduling. The electrical inspections process will be in accordance
with the following:
1. All electrical installations which involve the concealment of wiring or
equipment shall have a "rough in" inspection prior to concealment, wherein the
Inspector shall be duly notified in advance, excluding Saturdays, Sundays and
holidays.
2. When any electrical equipment is to be hidden from view by the permanent
placement of parts of the building, the person installing the equipment shall notify
the Electrical Inspector and such equipment shall not be concealed until it has been
inspected and approved by the Electrical Inspector or until twenty four (24) hours,
exclusive of Saturdays, Sundays and holidays, shall have elapsed from the time of
such notifications; provided, that on large installations, where the concealment of
equipment proceeds continuously, the person installing the electrical equipment
shall jive the Electrical Inspector due notice and inspection shall be made
periodically during the progress of the work.
3. At regular intervals the Electrical Inspector shall visit all premises where work
may be done under annual permits and shall inspect all electrical equipment
installed under such a permit since the previous inspection, and shall issue a
certificate of approval for such work as is found to be in conformity with the
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. XVIII.9,4-4-
95)
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.XVIII.9,
4-4-95)
9-4-5: Definitions:
For the purpose of this Chapter, the terms defined in this Section have the meanings given
to them.
A. Building. A structure erected for the support, shelter, or enclosure of
persons, animals, chattel, or movable property of any kind.
B. 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'.
C. Dwelling Unit. One room or rooms connected together constituting a
separate, independent housekeeping unit for owner occupancy, or rental or lease
on a weekly, monthly, or longer basis, and 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'.
D. Enforcement Officer. A person designated by the City Administrator to
administer and enforce this Chapter, or his or her designee.
E. Garbage. Putrescible animal and vegetable wastes, including those resulting
from the handling, preparation, cooking, and consumption of food.
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F. Habitable. Fit to be lived in.
G. Nuisance.
1. A public nuisance known as such under common law or in equity or
recognized by Minnesota Statues or the City Code.
2. 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 conditions; 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.
3. Overcrowding a room with occupants.
4. Insufficient ventilation or illumination.
5. Inadequate or unsanitary sewage or plumbing facilities.
6. Uncleanliness
7. Any situation or activity which renders air, food, or drink unwholesome
or detrimental to the health of human beings.
8. Any condition which is offensive or has a blighting influence on the
community.
9. Any other activity or situation that is dangerous to human life or is
detrimental to health.
H. Occupancy. A taking or possessing of something.
I. 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.
J. 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.
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K. Refuse. Putrescible and nonputrescible solids including garbage and rubbish.
L. Residence. A place of habitation.
M. Responsible Party.
1. Agent;
2. Designee or collector of rents;
3. Holder of a contract for deed;
4. Receiver, executor, or trustee;
5. Lessee;
6. Other person, firm, or corporation exercising control over a party.
N. Rodent Harborage. A shelter where rodents are liable to live, nest, or seek
shelter.
O. Rodents. An infestation of vermines such as rats, mice, skunks, snakes, bats,
grackles, starlings, pigeons, bees, wasps, cockroaches, or flies.
P. 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.
Q. 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 us -d in the Chapter, it
shall be construed as though it was followed by the words "or any part thereof'.
R. Yard. All ground, lawn, court, walk, driveway, or other space constituting
part of the same premises. (Ord. XVI11.9, 4-4-95)
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.
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2. An owner, agent or occupant of a dwelling may not allow the
accumulation of rubbish or garbage on the premises occupied or controlled
in a manner that could create a health hazard to the dwelling occupants or
the general public. (See also City Code Section 5-1-2 through 5-1-7.)
3. An owner, anent 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
rodent -proof 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.9, 4-4-95)
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. 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:
L No part of any exterior surface shall have deterioration,
holes, breaks, gaps, loose or rotting boards or timber.
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ii. 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.
iii. No ;lass, including windows and exterior light fixtures,
shall be broken or cracked and no seams shall be torn or
separated from moldings.
iv. All exterior doors and shutters shall be hung properly
and have an operable mechanism to keep them securely shut
or in place.
v. 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.
vi. Roof structures shall be tight and have no defects which
admit water. All roof drainage systems shall be secured and
hung properly.
vii. Chimney, antennae, 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;
IN
c. Dilapidated condition or decay;
d. Defective electrical wiring;
e. Defective gas installations;
f. Defective heating apparatus,
g. Defective sewage disposal system or plumbing;
I. 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 place 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.
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 ao, unmaintained. They have been accepted by the vast
majority of the City residents as appropriate and as part of the unique
19
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:
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 `Needs: Those plants which are determined from time
to time to be noxious weeds pursuant to Minnesota Statutes,
Section 18.171, subdivision 5.
c. Regularly Cut: Mowing or otherwise cutting the vegetation so
that it does not exceed eight inches (8").
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
20
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, grading or other means in
preparation for development or redevelopment.
a. All turf grasses and weeds must not exceed a height of eight
inches (S"), 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:
i. A wetland or floodplain designated on the Official Zoning
Map or any other available wetland inventory maps on file
with the City.
ii. A drainage pond or ditch which stores or conveys
stormwater.
iii. 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 one-half ('/2) acre in size, and d) undeveloped with any
habitable buildinss.
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 vegetation if:
PA
1) The prior vegetation is eliminated and the
meadow vegetation is planted through transplants or
seed by human or mechanical means.
2) 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.
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
requirements.
E. Special Provision; Parking l�laintenance:
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 is a violation of this Chapter. (Ord.
XVIII.9, 4-4-95)
9-4-8: Violation of Provisions:
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
22
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 lease 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 waved 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. XVIII.9, 4-4-95)
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 Sections, including the power to inspect private premises, and the
officers 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.9, 4-4-95)
9-4-10: Abatement Procedure:
A. Abatement.
1. 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
23
party, provide for abating the nuisance by the City. Three 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 notices, specify that it is
the last notice prior to the City Councils 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 A - above, when:
a. There is an immediate threat to the public health or safety.
b. There is an immediate threat of serious property damage.
c. A public nuisance has been caused by private parties on public property.
If the enforcement officer abates the nuisance pursuant to this Section, the officer
must reasonably attempt to notify the owner, occupant, or other responsible party
of the intended action and the right to appeal the abatement and any cost recovery
at the next regularly- scheduled City Council meeting.
3. Hazardous and Substandard Buildings or Structures: In appropriate cases the
City may elect to enforce the provisions of this Chapter pursuant to Minnesota
Statue, Section 463.15 through 462.26.
4. Cost Recovery: The owner of property on which a nuisance has been abated by
the City, or a person who has caused a public nuisance on property not owned by
that person, shall be personally responsible to the City for the cost of abatement,
including administrative costs and any other expenses incurred by the City while
performing the work. As soon as the work has been completed and the cost
determined, the City Clerk or other official designated by the council shall prepare
a bill for the cost and mail it to the owner or other responsible party. Thereupon,
the amount shall be immediately due and payable at the office of the City Clerk.
5. Assessment: If the cost, or any portion of it, has not been paid under subsection
A - d, within thirty (30) days after the date of the bill, the unpaid cost may be
certified against the property to which the cost is attributable in accordance with
Minnesota Statues, chapter 429. Before the unpaid costs are certified against the
property, the property owner must be given notice and hearing as required by
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Minnesota Statue 429.061.
6. Penalty: Any person in violation of any of the provisions in this Chapter shall be
guilty of a misdemeanor in accordance with Minnesota Statute, Section 609.02.
Each day on which such violation continues shall constitute a separate offense.
7. Hindrance: Any person hindering the efforts of City officials to investigate
possible violations of this Chapter shall be guilty of a misdemeanor.
8. Conflict of Chapter: In any case where a provision of this Chapter is found to be
in conflict with a provision of any zoning, building, fire, safety, or health ordinance
or code in this City, the provision which 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.9, 4-4-95)
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CHAPTER 5
BUILDING CODE; MOVED BUILDINGS AND STRUCTURES.
SECTION:
9-5-1: Moved Buildings and Structures
9-5-2: Definitions
9-5-3: Administration and Application
9-5-4: Violations and Penalties
9-5-1: Moved Buildings and Structures:
All Buildings or Structures moved within, into or out of the City of Rosemount shall be
subject to the following rules and regulations as promulgated by the City Building Official.
9-5-2: Definitions:
A. Building. Is any structure used or intended for supporting or sheltering any use or
occupancy.
B. Structure. Is that which is built or constructed, an edifice or building of any kind, or
any piece of work artificially built up or composed of parts joined together in some
definite manner.
C. City Inspector. The designated city official charged with the authority to administer
and enforce this code.
D. OSHA. The Federal Occupational Safety and Health Act.
9-5-3: Administration and Application:
A. Permit required. Any person desiring to move a Building or Structure into, within
or out of the City of Rosemount must apply for a Moving Permit with the City Protective
Inspections Division and pay the appropriate Moving Permit fee as adopted by the City
Council.
EXCEPTION: Garages, Sheds and Utility buildings limited to one story in height
and which will require no special traffic signage or lighting for safe road transfer,
in accordance with Minnesota Statute, Chapter 169.
26
B. Construction Regulations. All Buildings or Structures proposed to be moved
within or into the city limits of Rosemount shall be constructed so as to be in compliance
with all City and State Building and Zoning Codes and Ordinances in effect at the time of
permit issuance. All Buildings or Structures shall be in good repair and condition.
C. Pre -Inspection. Prior to moving Buildings or Structures within or into the city
limits, a pre -inspection of said structures may be required. The requirements for this
inspection are at the discretion of the City Building Official. A Special Inspection
Application form and the appropriate fee, as approved by the City Council, must also be
applied for and paid, for said pre -inspection. The applicant shall make such Buildings or
Structures available and accessible for pre -inspection and shall schedule a pre -inspection in
accordance with the City Protective Inspections Division's Policy. upon completion of
the pre -inspection, the City Inspector shall compile a report outlining code deficiencies
and/or violations which would be required to bring said Buildings or Structures into
compliance with current codes. Upon notification of deficiencies and/or code violations,
the applicant may be issued a conditional Moving and Building Permit as set forth in the
City Inspector's report. It shall be further required that the applicant shall, at the time of
permit issuance, sign a statement acknowledging acceptance of said conditions.
D. Construction Guarantee. When a permit is required to move a Buildings or
Structure into or within the city limits, it shall be further required that the applicant post a
penal bond in the sum of S"'0,000.00 in favor of the City. The penal bond shall guarantee
compliance with said conditions outlined in the City Inspector's report and that the
Building or Structure will be placed on a foundation, and connected to the municipal
sewer and water service or a complying septic system and well (if required) and that the
final grading and a driveway will be completed within one -hundred eighty (130) days of
the permit issuance date.
E. Additional Permits. In addition to the Moving and Special Inspection permits and
fees, all other permits as required by City and State Codes must be obtained to construct,
enlarge, alter, repair, remodel or improve the Building or Structure and any components
related to the project.
F. Structure Placement. E; -sept as provided under the exception of Subpart A, and
Subpart H of this Section, all Buildings and Structures moved within or into the city limits
must be placed on a permanent foundation and/or slab within fifteen (1 5) working days
after the Building or Structure has been moved within or into the Rosemount city limits.
G. Aesthetic Conditions. Except for Buildings and Structures specifically exempted in
Subpart A of this Chapter, all Buildings or Structures moved within or into the
Rosemount city limits shall have all exterior wall surfaces completely resided or repainted
and the roof reroofed with new materials complying with the Rosemount Zoning Code,
27
Section 7.2, Subpart 5 and 6. Said requirements shall be completed within one -hundred
eighty (180) days of permit issuance.
H. Building Storage. Moved Buildings or Structures shall be prohibited from being
either temporarily or permanently stored or set for the purposes of transport, transfer or
sale within the City of Rosemount unless the structure is a prefabricated Building or
Structure of less than one -hundred fifty (150) square feet, in conformance with
Rosemount Zoning Code, Section 6.10 B(5) and the Building or Structure is in a
commercial district allowing such uses.
I. Licensing and Coordination. All Buildings or Structures shall be moved by licensed
Building Movers in accordance with Minnesota Statute, Sections 221.81 and 160.26. All
Building Movers shall file a moving plan with the permit application indicating the
proposed route within the City and the proposed date and the time of the move. The
Building Mover shall notify and coordinate the building move with the City Police and
Public Works Departments. Should the moving plan change, the Building 'Mover shall
notify the Rosemount Police and Public Works Departments a minimum of twelve (12)
hours in advance of the original scheduled moving time and reschedule said move as
required. The Rosemount Police and/or Public Works personnel have the right to deny,
reschedule or reroute anv Building or Structure move on jurisdictional roadways at any
time.
J. Site Conditions. Upon moving any Building or Structure from its existing location,
all public utilities shall be terminated at the property line per code. Any remaining
concrete or other miscellaneous debris including slabs, foundations, sidewalks or footings
must be removed and disposed of at an approved construction demolition landfill in
accordance with State Lav and Dakota County Ordinance 110. All existing wells and/or
septic systems must be sealed and abandoned per code. If an excavation hole or pit is
formed due to the removal or cleanup of the moved Building or Structure, the excavation
must be filled with clean fill to match existing and surrounding finished grade conditions.
No open and/or unsafe excavation(s) shall remain open overnight unless secure fencing
and safety signage is provided and installed in accordance with OSHA regulations.
K. Age of Building. Prior to moving any single family Building into or within the city
limits, proof of the age of the Building must be verified to the City Protective Inspections
Division. No moved single family Building which is more than five (5) years of age older
in comparison to the oldest single family Building(s) located within three hundred (300)
feet of the proposed site shall be permitted.
9-5-4: Violations and Penalties:
A. Violation. It shall be unlawful for any person, firm or corporation to move a
Building or Structure into, within or out of the City of Rosemount, or cause the same to
28
be done contrary to or in violation of any provision embodied in this Chapter or the
Minnesota State Building Code.
B. Penalties. Persons, firms or corporations found to be in violation of any provision of
this Chapter shall be deemed guilty of a misdemeanor offense in accordance with
Minnesota Statute, Section 609.02. Each day during which a violation of this Chapter is
committed, continued, or permitted, constitutes a separate offense.
29
CHAPTER 6
DESIGN, INSTALLATION MAINTENANCE OF ON-SITE INDIVIDUAL
SEWAGE TREATMENT SYSTEMS
SECTION:
9-6-1: Purpose and Scope
9-6-2: Definitions
9-6-3: Administration
9-6-4: Design of ISTS
9-6-5: Installation of ISTS
9-6-6: Permit Requirements
9-6-7: Testing for ISTS Design
9-6-8: Shoreland and Flood Plain Regulations
9-6-9: Maintenance and Operating Regulations of Existing ISTS
9-6-10: Limits on Commercial and Industrial Discharge
9-6-11: Schedule for Initial Permits
9-6-12: Failed ISTS
9-6-13: Systems Causing Imminent Threat to Public Health or Safety
9-6-14: Penalty
9-6-15: Inconsistency
9-6-1: Purpose and Scope:
The purpose and scope of City Code Chapter 6, Design, Installation and Maintenance of
On-site Individual Sewage Treatment System Requirements, shall be:
A. For the proper siting, design, construction, installation, operation,
maintenance, repair, reconstruction, inspection, enforcement and regulation of new
and continued uses of individual waste treatment systems and devices.
B. To comply with Minnesota Metropolitan Council mandates requiring the City
of Rosemount to require maintenance of existing on-site sewage treatment systems
on a regular basis to maintain code compliance.
It shall be the primary intent of this Ordinance to promote the public health, safety and
general welfare of the City of Rosemount and to protect the environment and the City's
natural resources including soils, bedrock and surface and groundwater. To this end, this
Ordinance shall provide for the prevention and control of waste water related injury,
disease, and natural resource depletion which can result from the improper generation,
storage, treatment, removal, transport, utilization and disposal of waste water.
30
9-6-2: Definitions:
For the purpose of this Ordinance, definitions of terms provided in Minnesota Statute,
Section 115.03 and Chapter 145A, and in ;Minnesota Rules, Chapter 7080 and 4715, and
Dakota County Ordinance 113 as well as related laws and regulations, as referenced, shall
have the same meaning ascribed to them in this Ordinance, unless provided otherwise as
follows:
A. Abandonment. Shall mean the permanent and proper termination or
decommissioning of an individual sewage treatment system or part thereof.
B. Approved Testing Methods. Shall mean all those relevant sample
collection, preservation, analytical and statistical reporting methods known to
accurately and precisely represent physical, chemical, biological and radiological
parameters of interest or concern in water, waste water or waste. Approved
testing methods shall be regulatory or consensus standards and shall include but
not be limited to, standard methods for the examination of water and waste water,
(APHA, AWWA, WPCF), methods for chemical analysis of water and wastes
(EPA) and, where applicable, test methods for evaluating solid waste (SW -846,
EPA).
C. Baffle. Means a device installed in a septic tank for proper operation of the
tank and to provide maximum retention of solids, and includes vented sanitary tees
and submerged pipe in addition to those devices that are normally called baffles.
D. Commercial and Industrial. Means a building or property use other than
dwelling, multiple family dwelling, or two-family dwelling, or attached or detached
dwelling
E. Contaminant. Shall mean any physical, chemical, biological, or
radiological substance or material in water which tends to degrade the environment
by contributing toxicity, constituting a hazard or otherwise impairing its
usefulness.
F. Contamination. Shall mean the presence of certain infections or toxic agents
or certain hazardous characteristics capable of causing disease or other harm.
G. Dwelling. Means any building or portion thereof, which is designed or used
for residential purposes but not including motels, hotels, nursing homes and
boarding houses.
H. Failed Individual Sewage Treatment System. "Failed Individual Sewage
Treatment System" means any ISTS that discharges sewage to a seepage pit,
31
cesspool, dry -well or leaching pit and any system with less than three feet of soil or
sand between the bottom of the distribution medium and the saturated soil level or
bedrock and in addition.
I. Groundwater or Ground `Vater. Shall mean subsurface water in the vadose
(unsaturated) and phreatic (saturated) zones occurring naturally in soil and rock
formations, whether or not capable of yielding such water to wells, and shall
specifically mean that subsurface water present in the saturated zone defined by a
perched, free or confined ground water surface.
J. Hazardous Materials. Means any substance, which when discarded, meets
the definition of hazardous waste in Minnesota Rules 7045.
K. Holding Tank. Means a watertight tank for storage of sewage until it can
be transported to a point of approved treatment and disposal.
L. Imminent Threat to Public Health or Safety. "Imminent Threat to Public
Health or Safety" shall mean situations with the potential to immediately and
adversely impact or threaten public health or safety.
M. Individual Sewage Treatment System. (Hereafter known as ISTS)
"Individual Sewage Treatment System" means a sewage treatment system, or part
thereof, serving a dwelling, or other establishment, or group thereof, and using
sewage tanks or advanced treatment followed by soil treatment and disposal.
Individual sewage treatment system includes holding tanks and privies.
N. Owner. Means all persons having possession of, control over, or title to an
individual sewage treatment system.
O. Pollutant. Shall mean a contaminant whose form concentration or other
attribute in an environmental medium such as soil or water, exceeds established,
acceptable criteria and standards prescribed by the Minnesota Pollution Control
Agency and, therefore, may be capable of causing disease, injury or death in
humans, animals or plants, contributing to the risk thereof, otherwise degrading the
environment or creating a public nuisance.
P. Public Nuisance, or Public Health Nuisance. Shall be defined as in
Minnesota Statutes, Chapter 145A, as amended, and shall be restricted in this
Ordinance to those conditions in which wastes, waste waters, sewage, septage,
sludge and other releases or related activities contribute to the annoyance or
endangerment of persons or the degradation of the environment and which require
appropriate preventory, control or abatement to resolve.
32
Q. Pumper. Shall mean any qualified person currently licensed by the State of
Minnesota to properly clean, service, pump out and remove all septage, sewage,
sewage sludge and other waste water solids and liquids from sewage tanks, pits,
lagoons, privies, and other containers or devices, to temporarily store and
transport such waste water, and to properly dispose of such waste water in a
Minnesota Pollution Control Agency -permitted municipal or other waste water
treatment facility or land apply, incorporate and beneficially use such waste water
on a MPCA permitted land application site.
R. Reserve Area. Shall mean that portion of a property that is designated to be
protected from all vehicular traffic, construction and other disturbances to the
original, natural soils such that a future waste water treatment system or device
may be constructed meeting all Ordinance requirements when the existing primary
system or device malfunctions, becomes irreparable or when it fails to comply
with this Ordinance.
S. Septage. "Septage" means solids and liquids removed during periodic
maintenance of an individual sewage treatment system, or solids and liquids which
are removed from toilet waste treatment devices or a holding tank.
T. Septic Tank. Means any watertight, covered receptacle designed and
constructed to receive the discharge of sewage from a building sewer, separate
solids from liquid, digest organic matter, and store liquids through a period of
detention, and allow the clarified liquids to discharge to a soil treatment system.
U. Sewage. Means any water carried domestic waste, exclusive of footing and
roof drainage, from any industrial, agricultural, or commercial establishment, or
any dwelling or any other structure. Domestic waste includes liquid waste
produced by toilets, bathing, laundry, culinary operations, and the floor drains
associated with these sources, and specifically excludes animal waste and
commercial or industrial waste water.
V. Sewage Tank. Means a watertight tank used in the treatment of sewage and
includes, but is not limited to septic tanks and aerobic tanks.
W. Sewage Tank Effluent. Means that liquid which flows from a septic
or aerobic tank under normal operation.
X. Soil Treatment Area. Means that area of trench or bed bottom which is in
direct contact with the drainfield rock of the soil treatment system, and for
mounds, that area to the edges of the required absorption width and extending five
feet beyond the ends of the rock layer.
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Y. Soil Treatment System. Means a system where sewage tank effluent is
treated and disposed of below the ground surface by filtration and percolation
through the soil, and includes those systems commonly known as seepage bed,
trench, drainfield, disposal field, and mounds.
Z. Standard Systems. Means an individual sewage treatment system
employing a building sewer, sewage tank, and the soil treatment system consisting
of trenches, seepage beds or mounds which are constructed on original soil which
has a percolation rate equal to or faster than 120 minutes per inch.
AA. Water Table. Means the highest elevation in the soil where all voids are
filled with water, as evidenced by presence of water or soil mottling or other
information.
9-6-3: Administration:
Standards for the installation, maintenance and repair of ISTS are as established herein.
A. Adoption of Minnesota Pollution Control Agency Rule 7080 and any
subsequent amendments thereto, and Dakota County Environmental
Management Department Ordinance 113, in the most current editions are
hereby adopted by reference and shall be part of this Ordinance as if set
forth herein.
9-6-4: Design of ISTS:
In addition to requirements contained within MPCA 7080 and Dakota County Ordinance
113, all new, rebuilt or otherwise modified individual sewage treatment systems located in
the City shall be designed by a person licensed by the State of Minnesota as being qualified
to design such systems. Proof of such certification shall be provided to the City at the
time the design of the ISTS is submitted to the City's Protective Inspection Division for
approval. The design shall be submitted to and approved by the Protective Inspection
Division prior to issuance of any permits for the subject site.
9-6-5: Installation of ISTS:
The installation of an ISTS shall occur only at the location approved by the City's
Protective Inspection Division. Installation of the system at any other location shall
require submission to and approval of revised design and location plans by the City's
Protective Inspection Division. The system shall only be installed by a person or company
licensed by the State of Minnesota as qualified to install such a system.
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9-6-6: Permit Requirements:
No person shall install, repair, or alter an ISTS without first obtaining a permit as provided
herein. Applications, provided by the City, must be completed in writing prior to issuance
of a permit. Permit fees are established by resolution of the City Council.
9-6-7: Testing for ISTS Design:
For all buildable lots and existing lots of record in unsewered areas, the landowner shall
submit to the City two (2) separate ISTS site evaluations for a primary and secondary
reserve area sewage/soil treatment system. A minimum of four (4) soil borings, two (2)
perculation test results and a complete site evaluation for the primary and secondary ISTS
soil treatment system per N PCA 7030.0110 must be submitted. The site analysis must
show the existence of adequate land area for both the primary and secondary ISTS taking
into account seasonably saturated soils, soil types and conditions, topographic features,
flooding potential and mandatory setback requirements as dictated by City Ordinance and
any applicable State and Federal regulations.
The evaluation of the soils and the soil borings as well as the two (2) potential locations
for the ISTS shall be submitted to the City for review and approval prior to any
preliminary or final plat approval or waiver of platting or permit issuance.
Failure to provide the information required by this section or failure to have at least two
(2) potential sites for a soil treatment system on each lot shall be grounds for denial of the
Building and Septic Permits.
9-6-5: Shoreland and Flood Plain Regulations:
The design and installation of any ISTS within a designated shoreland or flood plain area
shall be in accordance with Section 9.1 of the City Zoning Code and any other applicable
federal, state or county shoreland or flood plain regulations.
9-6-9: Maintenance and Operating Regulations of Existing ISTS:
A. Residential Maintenance Permit. The owner of every residential dwelling
with an ISTS system must obtain an ISTS Maintenance Permit from the City's
Protective Inspection Division. An ISTS maintenance permit shall be issued by the
City's Building Inspection Division only upon successful completion and proper
recording of the sewage system maintenance log sheet in accordance with Section
9-6-9, Subpart C, of this Ordinance.
B. Commercial, Industrial, Public or Institutional Ope_ ational Permit.
The owner of every commercial, industrial, public, or institutional ISTS is
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required to have an ISTS Operational Permit for each ISTS from the City's
Protective Inspection Division, The Operational Permit shall be issued only upon
successful completion of the following requirements:
1. The owner of the ISTS has successfully completed maintenance on the
system in accordance with Section 9-6-9, Subpart C, of this Ordinance.
2. Inspections shall be completed by the City's Protective Inspection
Division to verify water use and suitable effluent quality for on-site
treatment. For an increase in discharge rate due to a change of use or
building addition, the owner will be responsible to complete an ISTS
evaluation by a licensed evaluator to determine capacity of the existing
system. Permits will not be issued if the existing system is not capable of
handling discharge.
3. The owner of the ISTS pays the required permit fee for each ISTS as
set forth by resolution by the City Council.
4. A new Operational Permit is required when a change of ownership,
building use or building addition occurs.
C. ISTS Maintenance. upon successful completion of ISTS maintenance per TNIPCA
7080, the licensed pumper/inspector shall submit a sewage system maintenance log
sheet to the Dakota County Environmental Management Department within 30 days with
the appropriate county recording fee. The log sheet must be completed in its entirety and
all information recorded must be verified in writing by the signature and date of the
licensed pumper/inspector completing the maintenance. The log sheet must also state the
condition of and work done on the following:
1. The sewage or septic tank(s) has been thoroughly pumped by a licensed
pumper to remove all solids and scum in accordance with the requirements of
Minnesota Rules Chapter 7080.
EXCEPTION': Pumping is not required if a licensed pumper or
licensed private inspector determines that accumulated sludge and
scum layers do not exceed the levels required for pumping per
Minnesota Rule Chapter 7080.
2. An ISTS evaluation is completed by the licensed pumper/inspector verifying
that the baffles and tank(s) are in working order and in substantial compliance with
Minnesota Rule Chapter 7080 and if there is any evidence of ISTS surface
discharge or failure.
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D. Duration. The duration of the residential Maintenance Permit and commercial and
industrial Operational Permits shall be for a two (2) year period and shall be renewed by
the owner after fulfilling the requirements of Section 9-6-9, Subpart C, of this Ordinance
again making application to the City for such permit. The permit(s) shall be deemed
revoked if the system becomes a failed ISTS.
E. Renewal. If an owner has not renewed the ISTS Maintenance or Operation
Permit(s) as required by Section 9-6-9, Subpart D, within 30 days of expiration of the
permit, a late renewal fee as established by resolution by City Council shall be paid before
a permit is issued. Failure to obtain the required Maintenance or Operational Permits or
to renew said permits as outlined in this section may also result in penalty as outlined in
Section 9-6-14, of this Ordinance.
9-6-10: Limits on Commercial and Industrial Discharge:
No animal waste or commercial waste water or industrial waste water shall be discharged
on the surface or into the sub -surface unless the person allowing or causing the discharge
first obtains a state disposal system permit from the Minnesota Pollution Control Agency.
Such discharges must comply with the terms and requirements of the state disposal system
permit in order to continue. Any ISTS installed prior to May 24th, 1996 and used for the
discharge of animal waste or commercial waste water or industrial waste water may
continue to be used for such purposes until such system becomes a failed ISTS or the
Minnesota Pollution Control Agency orders discontinuance, whichever occurs first; then,
in such case the new installed systems must comply with Chapter 6.
9-6-11: Schedule for Initial Permits:
The owner of any ISTS within the City shall obtain a Maintenance or Operational Permit
by May 24th, 1998 and shall maintain said Maintenance or Operational Permit under the
conditions of Section 9-6-9, Subpart C, of this chapter until use of the ISTS has been
abandoned or terminated.
9-6-12: Failed ISTS:
The owner of any failed ISTS shall replace, modify or reconstruct the failed system in
conformance with MPCA rule 7080 prior to January 30th, 2002. The requirements of this
section does not preclude the requirements of other sections of this code, MPCA 7080,
Dakota County Ordinance 113, or any other state or federal law from requiring earlier or
immediate ISTS replacements or upgrades.
9-6-13: Systems Causing Imminent Threat To Public Health or Safety:
The owner of any ISTS defined as causing an imminent threat to public health or safety
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shall immediately replace, modify or reconstruct the ISTS in conformance with MPCA
Rule 7080.
9-6-14: Penalty:
Violation of Chapter 6 shall be a misdemeanor. Presentation to the City of any false or
intentionally misleading statements, certificates or applications by the owner or by the
certified pumpers, designers or installers of the ISTS shall also be a misdemeanor. A
separate offense shall be deemed committed each day during or upon which a violation
occurs or continues.
9-6-15: Inconsistency:
If any provision of Chapter 6 is inconsistent with MPCA Rule 7080, Minnesota Statute, or
Dakota County Ordinance 113, then that provision which is more demanding or provides
a greater level of requirements or restrictions or provides an earlier date of compliance
shall prevail and be controlling. If any provision of Chapter 6 is inconsistent with City
Code, then that provision which is more demanding or provides a greater level of
requirements or restrictions or provides an earlier date of compliance shall prevail and be
controlling.
CHAPTER 7
CONSTRUCTION OPERATIONS AND EXCESSIVE NOISE
SECTION:
9-7-1: Application of Provisions
9-7-2: Construction Hours
9-7-3: Exception for Emergency Work
9-7-4: Enforcement and Penalties
9-7-1: Application of provisions:
For the purposes of general prohibition relating to construction activities, no person shall
make or cause to be made any distinctly and loudly audible noise that unreasonably
annoys, disturbs, injures, or endangers the comfort, repose, health safety or welfare of
any person which impairs their right of enjoyment of property or affects their property's
value. This general prohibition is not limited by the specific restrictions of the following
sections.
9-7-2: Construction Hours:
A. Specific Prohibitions. Construction activities described below shall be restricted
to the hours of 7:00 A.M. through 10:00 P.LI. Monday through Friday, 7:00 A.iVI. to 7:00
P.M. on Saturdays and 9:00 A.M. to 5:00 P.M. on Sundays. Except for emergencies or
conditions for which the City has granted approval, the following activities are prohibited
outside of said regulated working hours:
1. Construction activities related to buildings and structures, excavations
and grading projects and roadways and utilities. See Rosemount Zoning Code
Section 14.8 for regulations on mineral extraction and mining activities.
2. Construction activities involving the operation of appliances, tools, generators,
compressors, or chainsaws powered by electric, electric motors, internal
combustion engines or compressed air.
9-7-3: Exception for Emergency Work:
Noise created exclusively in the performance of emergency work to preserve the public
health, safety, or welfare, or in the performance of emergency work necessary to restore a
public service or eliminate a public hazard shall be exempt from the provisions of this
ordinance for a period to be established by the administrative authority. Persons
responsible for such work shall inform the issuing authority of the need to initiate such
work, or if the work is commenced during non -business hours of the City, at the beginning
of business hours of the first business day thereafter. Any person responsible for such
emergency work shall take all reasonable actions to minimize the amount of noise.
9-7-4: Enforcement and Penalties:
A. Enforcement Duties. The Rosemount Police Department and the Protective
Inspections Division of the Community Development Department shall enforce the
provisions of this Ordinance. Representatives of said Departments shall make all
reasonable efforts to prevent violations of this ordinance.
B. Penalties. Every person, firm or corporation who violates any provision of this
Ordinance shall be deemed guilty of a misdemeanor offense in accordance with Minnesota
Statute, Section 609.02. Each act of violation or each day a violation occurs or continues
shall constitute a separate offense.
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Adopted by the Rosemount City Council this 19th day of August, 1997.
ATTEST:
Susan INI. Walsh, City Clerk Cathy Busho, Mayor
Published in the Rosemount Town Pages on the day of , 1997.
Me