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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 5�L-1I6 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. Vo _5 I 0t,�u- .h x V1 1i.10 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. El 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. 7 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 Le 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. 14 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. 15 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. N 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. 17 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 24 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) 25 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. 33 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. 34 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 35 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. 36 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 37 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. 39 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