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02-11 Bill No. 2020-1 BILL NO. 2020-1 AN ORDINANCE REPEALING SECTION 405 (HOUSING CODE) OF THE CITY CODE OF ORDINANCES AND ADOPTING THE INTERNATIONAL PROPERTY MAINTENANCE CODE WITH AMENDMENTS THE CITY OF RICHFIELD DOES ORDAIN: Section 1.Subsection 405 of the Richfield City Code relating to housing maintenance is hereby repealed and replaced as follows: Subsection 405.00. Purpose and policy. The purpose of this Section, which will be known as the housing maintenance code, is to protect the public health, safety, and welfare. This Section: a) Sets minimum standards for basic equipment and facilities, light, ventilation and heating, and minimum space, use, and location requirements; b) Determines the responsibilities of owners, operators, and residents of dwellings; and c) Provides for enforcement and penalties. 405.03. Adoption of International Property Maintenance Code. Subdivision 1. Adoption of IPMC. The International Property Maintenance Code (IPMC), 2018 Edition, published by the International Code Council, Inc., is adopted by reference, subject to the amendments set forth in Subdivision 2, below. Subd. 2. Amendments to IPMC. The IPMC is amended as follows: 101.1 Title . These regulations shall be known as the International Property Maintenance Code of the City of Richfield, hereinafter referred to as “this code.” 102.3 Application of other codes . Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Existing Building Code, International Energy Conservation Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, International Plumbing Code and NFPA 70 the Minnesota State Building Code (MSBC), established pursuant to M.S. §§ 326B.101 to 326B.194, as adopted by the City. Nothing in this code shall be construed to cancel, modify or set aside any provision of the International Zoning Code City of Richfield Zoning Code. 102.3.1 Minnesota State Building Code substitution . Throughout this Code, all references to the “International Building Code” shall be struck and replaced with “Minnesota State Building Code.” Bill No. 2020-1 102.7 Referenced codes and standards . The codes and standards referenced in this code shall be those that are listed in Chapter 8 and considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.7.1 and 102.7.2. Where differences occur between provisions of this code and the MSBC, the MSBC shall apply. Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall apply. \[A\] 102.7.1 Conflicts. Where conflicts occur between provisions of this code and the referenced standards, the provisions of this code shall apply. \[A\] 102.7.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard. 103.1 General . The department of property maintenance inspection is hereby created and the executive official in charge thereof shall be known as the code official. The City Manager or his or her designee is responsible for administering the provisions of this code. Collectively, these designees shall be known as the Code Official. 103.5 Fees . The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in the following fee schedule: Appendix D of the Richfield City Code. 106.4 Violation penalties . Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shallmay be deemed a separate offense. 107.1 Notice to person responsible . Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3 to the person responsible for the violations as specified in this code. Notices for condemnation procedures shall comply with Section 108.3. 107.2 Form . Such notice prescribed in Section 107.1 shall be in accordance with all of the following: 1. Be in writing. 2. Include a description of the real estate sufficient for identification. 3. Include a statement of the violation or violations and why the notice is being issued. 4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code. 5. Inform the property owner or owner’s authorized agent of the right to appeal. Bill No. 2020-1 6. Include a statement of the right to file a lien in accordance with Section 106.3. Section 108 Unsafe Structures and Equipment is deleted in its entirety. 111.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order listed under this code shall have the right to appeal to the board of appeals, provided that a written application under Section 320 of the city code. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. 111.2 Membership of board is deleted in its entirety. 111.3 Notice of meeting is deleted in its entirety. 111.4 Open hearing is deleted in its entirety. 111.5 Postponed hearing is deleted in its entirety. 111.6 Board decision is deleted in its entirety. 111.7 Court review is deleted in its entirety. 111.8 Stays of enforcement is deleted in its entirety. Section 112 Stop Work Order is deleted in its entirety. 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Existing Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Plumbing Code, International Residential Code, International Zoning Code or NFPA 70 MSBC and the city code, such terms shall have the meanings ascribed to them in those codes. Section 202 General Definitions shall be amended as follows: Garbage. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food. (Also see “Rubbish.” Garbage and Rubbish shall be taken to encompass both definitions herein.) Rubbish . Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other Bill No. 2020-1 similar materials. (Also see “Garbage.” Rubbish and Garbage shall be taken to encompass both definitions herein.) 301.3 Vacant structures and land. Vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety in Section 925.02 of the city code. 302.4 Weeds is deleted in its entirety. 302.5 Rodent harborage is deleted in its entirety. 302.9 Defacement of property. A person shall not willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair within 48 hours or as designated by the code official. 304.2 Protective treatment. Exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted if on more than 20% of one side of any surface or building. Siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. 304.14 Insect screens . During the period from \[date\] to \[date\], every Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25mm), and every screen door used for insect control shall have a self-closing device in good working condition. Subsections 308.1 – 308.3 related to rubbish and garbage are replaced in their entirety as follows: 308.1 Disposal of garbage or rubbish . The City of Richfield reserves the right to utilize the enforcement and notice processes in Section 601 of the Richfield City Code for garbage, yard waste, and recyclables preparation, collection, and disposal, scavenging, and air pollution. Bill No. 2020-1 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from September 15 to May 15 to maintain a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms. Exceptions: 1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code. 2. In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained. 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from September 15 to May 15 to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied. Exceptions: 1. Processing, storage and operation areas that require cooling or special temperature conditions. 2. Area in which persons are primarily engaged in vigorous physical activities. 703.7 Vertical shafts is deleted in its entirety. Sec. 2. This Ordinance will be effective in accordance with Section 3.09 of the City Charter. Passed by the City Council of the City of Richfield, Minnesota this 11th day of February, 2020. POJ& VP ' ori Maria Regan Go :lez, Mayor ATTEST: 1 Elizabeth VanHoose, City Clerk Bill No. 2020-1 AFFIDAVIT OF PUBLICATION CITY OF RICHFIELD SUMMARY PUBLICATION STATE OF MINNESOTA )ss BILL NO.2020-1 COUNTY OF HENNEPIN AN ORDINANCE REPEALING SECTION 405(HOUSING CODE)OF THE CITY Brandi Botts being duly sworn on an oath, CODE OF ORDINANCES states or affirms that he/she is the Publisher's AND ADOPTING THE Designated Agent of the newspaper(s)known IERNATIONAL PROPERTTY MAINTENANCE as: CODE WITH AMENDMENTS This summary of the ordinance SC Bloomington Richfield is published pursuant to Section 3.12 of the Richfield City Charter. This ordinance revises rules re- with the known office of issue being located lated the administration of Housing in the county of: Maintenance. The City will now HENNEPIN enforce housing maintenance regu- with additional circulation in the counties of: tlioatnalions Pasroperty MaintenancedescribedintheIntCodeerna- HENNEPIN (IPMC). The IPMC establishes min- and has full knowledge of the facts stated imum requirements for the mainte- below: nance of existing buildings through (A)The newspaper has complied with all of menn tainodel clearcode and ndgulaspecicfisc that propecorty- the requirements constituting qualifica- maintenance and improvement tion as a qualified newspaper as provided rules. Adoption of the IPMC, as by Minn.Stat.§331A.02. amended, will not significantly (B)This Public Notice was printed and pub- change any property maintenance requirements within the City, but lished in said newspaper(s) once each rather will provide additional clarity week, for 1 successive week(s); the first and detailed information to proper- insertion being on 02/20/2020 and the last ty owners and managers. Copies of the ordinance are insertion being on 02/20/2020. available for public inspection in the City Clerk's office during nor- MORTGAGE FORECLOSURE NOTICES mal business hours or upon re- Pursuant to Minnesota Stat. §580.033 quest by calling the Department of Community Development at (612) relating to the publication of mortgage 861-9760. foreclosure notices: The newspaper complies Adopted by the City Council of with the conditions described in §580.033, the City of Richfield,Minnesota this subd. 1, clause (1) or(2). If the newspaper's 11th day of February,2020. ( ) Maria Regan Gonzalez,Mayor known office of issue is located in a county ATTEST:Elizabeth VanHoose adjoining the county where the mortgaged City Clerk premises or some part of the mortgaged Published in the premises described in the notice are located, Sun Current ary a substantial portion of the newspaper's Febr10 3114 020 circulation is in the latter county. By: Designated Agent Subscribed and sworn to or affirmed before me on 02/20/2020 by Brandi Botts. D o pI. Notary Public " ,a Oi fiLEN.MARE lACPricr1SCN Notary Pi blic a 4;. Minnesota : My Commission EXPTS January 31,7024 Rate Information: (I)Lowest classified rate paid by commercial users for comparable space: $34.45 per column inch Ad ID 1023114