1984-05Bill 1984-5
AMENDMENT TO CHAPTER III
OF THE ORDINANCE CODE OF
THE CITY OF RICHFIELD
City of Richfield Does Ordain:
Chapter ITI of the Ordinance Code of the City of Richfield,
Minnesota entitled: "Building, Health, Zoning and Land Use
Regulations" is hereby amended in the following respects:
I. Part I thereof is repealed.
:I. By adding the following new part to read as follows:
"PART I. BUILDING AND MECHANICAL REGULATION.
3.01. SCOPE. OF CHAPTER. The purpose of this
chapter is to provide minimum standards to safe-
guard life and limb, property and public welfare
by regulating and controlling the design, construc-
tion, quality of materials, use and occupancy,
location and maintenance of all buildings and
structures within the city and certain equipment
specifically regulated herein.
3.02. ADOPTION OF MINNESOTA STATE BUILDING CODE
AND UNIFORM HOUSING CODE,
S~bdivisifln 1. Building Code. The Minnesota
State Building Code, one copy of which is on file
in the office of the city clerk. has been adopted
by Minn. Stat. 16.851 {1971) as a uniform building
code applicable throughout the state. Such code
is hereby confirmed as the building code of the
city of Richfield and incorporated in this chapter
as completely as i.f set out in full.
Subd. 2. Adoption by Reference. The 1980 edition
of the State Building Code as amended adopts by
reference certain codes, appendices, standards and
supplemental materials.. The following codes,
appendices, standards and supplemental materials
are hereby adopted by reference and incorporated
into this section as if fully set out at this
point:
{I} 1982 Edition of the Uniform Building Code,
identified as "UBC";
{2) 1981 Edition of the National Electric Code,
identified as "NEC";
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(3) 1978 American National Standard Safety Code
for Elevators, Dumbwaiters, Escalators and
Moving Walks, identified as ANSI A17,1-19.78
and Supplement, ANSI A17.1a-1979.
(4) 1979 Minnesota Plumbing Code identified as
MHD 120 through MHD 135.
(5) "Flood Proofing Regulations," June 1972,
Office of the Chief of Engineers, U.S. Army.
(6) 1976 Minnesota Heating, Ventilating, Air
Conditicning and Refrigeration Code, iden-
tified as SBC 7101 through SBC 8505.
(7) 1984 Minnesota Department of Energy, Planning
and Development, Energy Division rules, 2
MCAR 1.16007-1.16008.
(8) 1982 State of Minnesota Manufactured Home
Rules identified as 2MCAR 1.90450, instal-
lations and related definitions in 2MCAR
1.90103.
(9) Standards of Performance for Solar Energy
Systems and Subsystems Applied to Energy Need
of Buildings, 1977 Edition, identified as
2MCAR 1.16101 through 2MCAR 1.16108.
(10) Technical Requirements for Fallout Shelters,
identified as Minnesota State Building Code
Appendix A.
(11) Variations in Snow Loads, identified as
Minnesota State Building Code Appendix B.
(12) Minnesota State Building Code Appendix C.
Abbreviations and addresses of Technical
Organizations.
(13) Minnesota State Building Code Appendix E,
Automatic Fire Suppression Systems. 2MCAR
1.10020,
(I4) 1982 Uniform Building Code Appendix Chapters
1, 35, 55.
(15) Minnesota Plumbing Code Appendices B, C and
D.
Subd. 3. The 1982 Edition of the Uniform Housing
Code is adopted by reference.
I~
u
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Subd. 4. Building Official. For purposes of this
chapter the term "Building Official" as used in
_ the Uniform Building Code, the Uniform Housing
Code .and the Uniform Building Code Standards
herein adopted shall mean the building official of
the Inspection Division of the Department of
Public Safety, or duly authorized representative.
Subd. 5. Administrative Authority. For purposes
of this chapter, the term "administrative authori-
ty" as used in the Minnesota Plumbing Code herein
adopted, means the Building Official of the
Department of Public Safety of the City.
Subd. 6. Permits Required. It is unlawful for
any person to perform any plumbing work regulated
by this Code without first having obtained a
permit as provided in Section 3.06 and paid all
applicable fees contained in Appendix D of this
Code. Permits required by this section may be
issued only to persons duly licensed by the State
of Minnesota as provided in Minnesota Statutes
326.37, et. seq.
Subd. 7. Plumbers, There i.s no fee for licensing
of plumbers in t'he city; provided, however, that
no person shall practice or engage in the business
or trade of plumbing within the city unless such
person is the holder of a valid and current
license from the State of Minnesota.
________________Subd. 8. Regulation of the Installing of Water
Softening Devices. The ~.nstallation of water
softening devices shall be subject to the follow-
ing regulations:
(1) No person shall engage in the business of
installing, leasing or servicing water soft-
ening devices which shall be connected with,
or used in connection with, any water pipe or
main connected' with the water supply system
of the city, or any private domestic water
supply therein wit~-,out being licensed to do
so by the State of Minnesota.
(2) All installations and connections of water
softening devices to any pipe or main con-
nected with the water system of the city
shall be so made as to comply with any
applicable provisions of the Minnesota
Plumbing Code.
(3) Permits Required. It is unlawful for any
person to perform any work regulated by this
section without first having obtained a
permit to do so, and. paid alI applicable fees
contained in Appendix D of this Ccde.
Subd. 9. License and Permit Fees; Heating and
Ventiiatinq, Air Conditionin and Refrigeration.
No person shall engage in the business of heating,
cooling, ventilating or refrigeration construction
or installation unless licensed to do so by the
city after demonstration of competency, and
submittal of certificates of insurance and~a bond
in the amount of 51,000. The annual license fee
for heating and ventilating cooling and refrigera-
ticn construction and installation shall be as
provided in Appendix D of this Code, It is
unlawful for any person to perform any heating,
cooling, air conditioning or refrigeration work
regulated by this Code without first having
obtained a permit to do so ar_d paid all applicable
fees contained in Appendix D of this Code.
Subd. 10. State Electrical License. There is no
license fee for electrical construction and
installation; provided, however, that no person
shall practice or engage in the business or trade
of electrical construction and installation within
the city anises such person is the holder of a
valid and current license from the State of
Minnesota, nor shall any person engage in the
business of electrical contracting within the city
„,Mess szach person is the holder of a valid and
current electrical contractor's license from the
State of Minnesota. It is unlawful for any person
to perform any electrical work regulated by this
Code without first having obtained a permit to do
so. All fees recruited for permits issued pursuant
to this. subdivision shall be as contained in
Appendix D of this Code.
Subd. 11. Permits to Owners. Notwithstanding the
requirements of Subdivisions 6, 8, 9 and 10 of
this Section, permits may be issued to persons who
own and occupy single family dwellings for work
performed within or on said dwellings.
3.03. BUILDING AND C®NS'I'RUCTION PERMITS: ISSU-
ANCE AND PROCEDURE,
Subdivision 1. Procedure Uoon A plication. The
procedure for issuance of bu~.lding permits shall
be as provided in U.B.C. Chapter 3, as amended in
2N~CAR 1.10111.
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Subd. Z. Other Permits. If any other type of
permit is required for such building or structure
besides a building permit, such as, for example,
an off-street parking permit or a special use
permit, the building permit shall not be issued
until the building official is satisfied that such
other required permits {1) have already been
- issued, {2) will be issued at the same time, or
(3) have been authorized and will be issued.
CROSS-REFERENCE: See Chap. III, Part IV, Sec.
3.41, for special use permit provisions.
See Chap. III, Part IV, Sec. 3.38, for provisions
relating to outside parking and storage.
See Chap. III, Part V, Sec. 3.47, for sign and
billboard permit provisions.
Subd. 3. Plans and S ecifications-Retention.
When a building perma.t is issued the building
official shall return one set of the plans and
specifications to the applicant and one copy shall
be kept in the office of the building official as
designated in the current records retention
schedule.
Subd. 4. Conditions Governin Issuance. The
following conditicns shall govern issuance of a
permit:
(1) It is hereby determined and declared that a
substantial depreciation of values in the
neighborhood occurs upon the construction,
moving, alteration of or repair to structures
described in this section. The building
official, therefore, except as otherwise
provided in this section, shall not issue a
building permit for any structure for which a
building permit is required if the proposed
structure will have a front or side abutting
upon or visible from a public street, which
contains exterior facing materials which ar.e
not of a permanent nature or have a tendency
to deteriorate rapidly, or which for any
. reason are or quickly may become unsightly in
appearance. The following are examples of
such materials: Concrete masonry units,
common clay brick, sand lime brick, concrete
brick, unfinished structural clay tile, sheet
metal, either corrugated or plain, and
exposed unfinished concrete. Such materials,
however, may be used in a special arrangement
or combination with other materials of a
permanent nature with good architectural
design and appeal if in compliance with the
following paragraphs of this subdivision.
(2) In the event an owner, intending to apply for
a building permit, desires to use any of the
materials excluded under the foregoing
paragraph of this subdivision as exterior
finish materials., such owner may present to
the building official a request for prelimi-
nary approval for the use of such materials
prior to the preparation of final drawings
and the application required by this section.
Such request for preliminary approval shall
include any sketches and other information
necessary to indicate accurately the use to
be made of such materials and the appearance
of the exterior of such structure when
completed.
(3} If such request for preliminary approval of
materials is granted by the building official
the sketch and other information shall be
properly marked for identification and by him
filed in his office and such data shall
become a part of the building permit applica-
tion when filed. L'pon the filing of the
application for building permit, together
with the additional information required by
this Code, shoeaing compliance therewith, and
in conformity with such approved sketch
without substantial change. therefrom, the
building official is hereby authorized to
issue a building permit.
Subd. 5. Denial of Preliminary Approval. In any
iristance where the building official denies a
permit or a request for preliminary approval, the
applicant may submit a request based upon the
plans and other papers on file in the office of
the building official far granting of such request
or application to the council, without payment of
additional filing fees of any kind.
Subd. 6. Relationship to Zonin Regulations. The
provisions of this section shall be deemed supple-
mentary to the zoning provisions contained in this
Code and shall be enforced in harmony and conjunc-
tion therewith. The council, in determininct
whether or not to permit the use of any such
material, shall not grant any permit therefor if
it finds that the structure for which the applica-
tion is made, or other properties in the
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neighborhood, will be depreciated in value by
reason of the use of any such materials.
CROSS-REFERENCE: The Zoning Code is found in
Chap. III, Part IV, of this Code.
Subd. 7. Screening Mechanical Ecruipment. Any
mechanical equipment ana ductwork located on the
roof, exterior wall or grounds adjacent to any
structure, other than a single family residence or
its accessory buildings, shall be enclosed in a
screening enclosure.. Such enclosure shall be
designed to provide a safety shield around such
equipment and ductwork and shall conceal it from
public view and from view from nearby premises.
Such enclosure shall be architecturally harmonious
with the structure involved. Plans for such
enclosure shall be shown on construction plans.
The requirements of this subdivision shall not be
applicable to window air conditioners or to
stacks.
Subd. 8. Permit Fees. A fee for each permit
required by this chapter shall be paid to the city
clerk in the amount provided in Appendix D of this
Code. It is the intent of this section that the
fees provided in Appendix D of this Code are to
supplant and supersede corresponding fee require-
. meats in any code or ordinance adopted by refer-
ence in this chapter as well as any fee schedules
provided in the State Auilding Code.
Subd. 9. Amendments to Fee Schedules, Whenever
fee schedules are fully set forth in Appendix D
these schedules shall supersede. any schedules and
fees contained or included in codes cr ordinances
adopted by reference in this Code.
The city council may waive the city's portion of
building permit and plan review fees chargeable to
another political subdivision of the state if the
council finds that such action is appropriate by
reason of unusual circumstances unique to the
particular project involved and that the public
interests of the city will be served thereby.
Subd. 10. Housing Inspection Fees. A fee for
each house inspection as provided in Appendix D
shall be charged by the city.
3 . 0 4 . BUILDIr;G FND CONSTRUCTION PERMITS : CO?~IFOR-
MITY WITH COMPREHF,NSIVE PLAN; REDEVELOPMENT PLANS
AND URBAN DESIGN GUIDELINES.
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Subdivision 1. Permit Application. The building
permit application shall contain the necessarv
information so that it can be determined whether
the proposed construction will be in conformity
with the comprehensive plan and any redevelopment
plans or urban design guidelines applicable to the
district in which the proposed construction will
be located.
Subd. 2. Review by Suildin ®fficial. If the
proposed construction lies outside of any redevel-
opment district, is not subject to urban design
guidelines, and is, in the opinion of the building
official, in conformity with the comprehensive
plan f'f the city, the requirements of this section
shall be deemed satisfied.
Subd. 3. Review by City Mana er. A11 applica-
tions involving construction in redevelopment
districts or districts subject to urban design
guidelines and all applications as to which the
building official does rrbt make a finding of
conformity with the comprehensive plan shall be
processed as follows;
(1) The application shall be referred to the
C
ommunity Development Department for its
reviet~r. The review shall be based upon the
material submitted in the application togeth-
er with any other information which the
department believes will assist in the
review.
(2) Upon the completion of its review, the
Community Development Department shall make a
written report of its review to the city
manager. The report may contain, and shall
contain, if requested by the manager, a
recommended finding.
(3) Upon receipt of the written report and not
later than 30 days following the date the
matter was referred to the Community Develop-
ment Department the city manager shall make
his findings concerning the proposed construc-
tion. The findings shall contain one of the
following conclusionse
(a) The proposed construction is in confor-
mity with the comprehensive plan and any
applicable redevelopment plans or urban
design guidelines.
{b) The proposed construction is not in
conformity with the comprehensive plan
or any applicable redevelopment plans or
urban design guidelines.
(c) The proposed construction is not in
conformity with the comprehensive plan
or any applicable redevelopment plans or
urban design guidelines but such noncon-
formity will not be likely to jeopardize
or adversely affect the orderly planning
and development process for the district
in which the construction would be
located.
(4) If the city manager makes the finding de-
scribed in paragraphs (3){a} or (3) of this
section he shall report that fact t~o the
building official and the requirements of
this section shall be deemed satisfied. If
the city manager makes the finding described
in paragraph t3){b) of this section, he shall
notify the applicant of such determination.
The notification shall also inform the
.applicant of applicant's right to appeal the
city manager's decision to the c:.ty council
and that the applicant has 10 days from the
date of notification to deliver a writter.
request for an appeal hearing to the city
clerk. If no appeal hearing request is made
within the time period, the manager°s deter-
mination shall be final. The building
official shall be notified. and no building
permit shall be issued.
Subd. 4. Appeal to Council. The appeal shall be
heard at the first regular council meeting which
is at least I4 days following the date of a timely
received appeal hearing request. The council may
review the report and recommendations of the
Community Development Department, the building
permit application, and the findings of the city
manager. The applicant shall be given an oppor-
tunity to appear and offer evidence to the coun-
cil. Within 30 days of the close of the hearing,
the council shall make its findings, Such find-
ings may take one of the following forms;
{1) Sustaining the city manager's determination.
{2) Rescindir_g the city manager's determination.
{3} Sustaining the city manager's decision but
placing certain conditions or stipulations
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upon the construction or upon the use de-
signed to remove adverse impacts upon the
orderly planning and redevelopment of the
district.
The council's findings shall be reported to the
building official, by the city manager. If the
finding is as described in paragraph (2) of this
subdivision, the requirements of this section
shall be deemed satisfied. If the finding is as
described in paragraph (1), no building permit
shall be issued. If the finding is as described
in paragraph {3) of this subdivision, the require-
ments of this section shall be deemed satisfied
only if the conditions are met within the time
period set by the council. Otherwise, no permit
shall be issued.
3.05. ADMINISTP.ATION AND ENFORCEMENT. It shall
be the duty of the manager to insure compliance
with the provisions of this chapter.
3.06. COMPLIANCE WITH THIS PART, It is unlawful
for any person to construct, alter, repair or use
any building in the city contrary to or ir. viola-
tion of any provision of this part. It shall also
be unlawful fcr any person to perform anv plumb-
ing, electrical, gas piping, heating or ventilat-
ing work in the city contrary to or in violation
of the provisions of this part.
3x07. FIRE PRE~TENTION CODE.
Subdivision I. Adoption of Fire Prevention Code.
The Minnesota Uniform Fzre Cbde including the 1982
Uniform Fire Code as amended including the 10
volume National Codes, Volumes 1-10 of the Nation-
al Fire Protection Association {I982 Edition) are
hereby adopted by reference as though fully set
out at this point.
Subd. 2. Exceptions to Adoption. The following
provisions of the Minnesota Uniform Fire Code are
not adopted and made a part of this Code:
(1} 2MCAR ~1.51I3.
(2) 2MCAR §1.5115.
(3) 2MCAR 51.5126.
{4) 2MCAR §I.5149.
IO
Subd. 3. Establishment of Duties of the Fire
Department.
(1) The Fire Prevention Code shall be enforced by
the Fire Division of the city under the
supervision and direction of the Chief of the
Fire Division. The officer or officers
specifically in charge of the administration
of this Code shall be known as the Fire
Marshal or Marshals and shall be given
authority for this purpose by the Chief of
the Fire Division.
(2) The Chief of the Fire Division may detail
such members of the Fire Division as inspec-
tors, working under the Fire Marshal or
Marshals as shall from time to time be deemed
necessary'. The Chief of the Fire Division
mav_ recommend to the manager the employment
of technical inspectors who, when such
authorization is made, shall be selected to
assist the Fire Marshal or Marshals.
(3) In addition to the Fire Marshal or Fire
Aarshals the Fire Prevention Code may also be
enforced by the City Health Officer or
Building Official whenever appropriate and
after consultation with the Fire Marshal or
Marshals.
(4} A report by the Fire Marshal shall be made
annually and transmitted to the manager; it
shall contain all proceedings under this
Code, with such statistics as the Chief of
the Fire Division may wish to include there-
in; the Chief of the Fire Division shall also
recommend any amendments to the Code which,
in his judgment, shall be desirable.
CROSS-REFERENCE: See Chap. II, Part IV, for
specific Fire Department Personnel regula-
tions.
Subd. 4. Prohibition of Storacre of Flammable
Liquids in Outside Aboveground Tanks; Bulk Storage
of Liquified Petroleum Gases; and Storage of
Explosives Blastin Agents. The city is developed
primarily with residential, multiple-residence,
commercial and light industrial uses. The limits
referred to in sections 79.501 and 82.105 (e) of
the Fire Prevention Code include all of the city,
and the storage of the substances referred to in
such sections, in the manner referred to herein,
is proribited.
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Subd. 5. New Materials, Processes or Occupancies
which may Rectuire Permits; Committee of Review.
The manager, the Chier o= the Fire Division, the
Building Official and the Fire Marshal shall act
as a committee to determine and specify, after
giving affected persons an opportunity to be
heard, any new materials, processes or occu-
pancies, which shall require permits, in addition
to those now enumerated in the Fire Prevention
Cade. The Fire Marshal shall post such list in a
conspicuous place in his office and distribute
copies thereof to interested persons.
Subd. 6. Permit Fes. The annual fee for any
permit required ,under the. provisions of this
section shall be as provided in Appendix D of this
Code. Such permit fee shall be paid to the clerk
and such annual permit fee sha•11 not be prorated
for any portion of a year. Permits are issued on
a calendar year basis.
3.0~. ESTABLISHMENT OF FIRE LANES.
Subdivision I. Orders Establishing Fire Lanes.
The Fire Division zs hereby authorized to order
the establishment of fire lanes on public or
private property as may be necessary. in order that
the travel of fire equipment may not be interfered
with, and that access to fire hydrants or build-
ings may not be obstructed.
Subd. 2. Signs and Marking o_f__.Fire Zanes. When a
fire lens has bean ordered to be established
pursuant to subdivision 1 of this section, it
shall be marked by a sign bearing the words 19No
Parking Firs Lane'° or a similar message. When
the fire lane is on publie property or a public
right-of-way, the sign or signs shall be erected
by the city, and when on private propert~~, they
shall be erected by the owner at his own expense.
Subd. 3. Parkincr or Otherwise Cbstructira Prohib-
ited. After a sign or signs have been erected in
accordance with subdivision 2 of this section, no
person shall park a vehicle or otherwise occupy or
obstruct the fire lane.
3.09. OTHER PROHIBITED ACTS.
Subdivision I. Protection of Fire Hoses. No
person shall drive any vehicle over a fire hose
except upon specific orders from a member of the
Police or Fire Divisions of the city, and then
only with due caution.
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Subd. 2. Parking Near Fire Equipment. No person
shall park any vehicle or place any material or
other obstruction within 20 feet of the entrance
to any fire station or within 10 feet of any fire
hydrant or fire cistern nor shall any person park
any vehicle within 300 feet of a place where a
fire requiring fire fighting by the Fire Divisior.
is in progress.
3.I0. UNIFORM ENFORCEMENT PROCEDURE; APPEALS.
Subdivision 1. Scone of Section. The provisions
of this section shall also apply to the regula-
tions contained in Parts III and IV of this
chapter. Whenever any person is deemed to be in
violation of any provisions of this Cade to which
this section is made applicable, the city offi-
cials vested with the responsibility of enforcing
such provisions shall employ the procedures
delineated in this section. To the extent that
any of the following provisions conflict =.aith anv
other provisions adopted by reference in this
part, the provisions of this section shall con-
trol.. This section does not apply to situations
governed by the administrative provisions con-
tained in the state building code or the state
uniform fire prevention code.
Subd. 2. Definitions. Tre following terms shall
have the meanings ascribed to them in this sec-
tion.:
(1) "Enforcing Officer" means and includes the
following administrative staff members of the
city:
(a) The Building Official of the Inspection
Division;
(b) The health officer or sanitarian of the
Health Division; and
(c) The Fire N!arshal or P~arshals of the Fire
Division.
These staff members are vested with the primary
enforcement responsibility.
Subd. 3. Notice of Violation. Whenever the
enforcing officer determines that there has been a
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violation of any one or more provisions to which
this section applies, he shall give notice of such
alleged violation to tre person or persons who are
or may be responsible therefor, as enumerated in
subdivision (4) below. Such notice shall:
(I) be in writing;
(2} particularize the violation or violations
alleged to exist or to have been committed
and the repairs or improvements required to
bring the condemned building, dwelling,
dwelling unit or rooming unit into compliance
with the provisions of this part;
(3} provide a reasonable time, but rot_ less than
10 days in any event for the correction of
the violation or violations particularised;
(4) be addressed to and served upon the owner of
the property, the owner of the building, tpe
operator of the dwelling, and the occupant of
the dwelling unit or the rooming unit con-
cerned, if the occupant is or may be respon-
sible for the violation; and
45} inform persons concerned. of their rights of
appeal.
Subd. 4. Service of Notice. Service shall be as
provided for personal service by the rules of
civil procedure for courts of record in Minnesota,
or by registered or certified mail, returr. receipt
requested, -delivered to the addressee only. If
service is made by registered or certified mail,
the enforcing officer shall make a record giving
details regarding the mailing. If one or more
persons to whom the notice is addressed cannot be
found or served after diligent effort to do so,
service may be made upon such person or persons by
posting a notice in a conspicuous place in or
about the building affected by the notice, in
which event the enforcing officer shall include in
a record a statement as to why such posting was
necessary.
Subd. 5. Imminent Hazards--Temt~orar~ Condemna-
tion. Whenever the enrorc~ng off~,cer finds any
building, dwelling, dwelling unit or rooming unit
which is in violation of any provision of the Code
to which this section is made applicable, and
further finds (1) that by reasons of such viola-
tion it presents an imminent and serious hazard to
public health, or to the physical and mental
health of the occupants therein, and (2) that the
repairs or 'improvements required to remove such
hazards do not appear reasonably possible within a
14
time which will be adequate to eliminate such
_ imminent hazard, the written notice of violation
provided for in subdivision 3 of this section
shall also state that the premises are dangerous
and unfit for human habitation and shall order
that such dwelling, dwelling unit or rooming unit
be vacated either immediately or after such period
of time as the enforcing officer shall find
reasonable in view of circumstances, pending the
completion of acticn to eliminate such hazards.
In such case the notice shall be served by de-
livering a copy thereof to any occupant of suit-
able age and discretion and by posting the same at
a conspicuous place upon the structure. In the
case of a hazard which affects more than one unit
in a multiple residence, service shall be made
upon such an occupant of each unit, except that
the failure to make service upon an occupant of
one unit shall not affect the validity or effect
of service of notice upon an occupant of other
units. Such notice shall also state that persons
aggrieved may appeal such notice to the board of
building and health appeals by filing a notice of
appeal with the clerk and may be heard on such
appeal within one (1) week after such filing, as
more specificall~r provided in this section.
Subd. 6. Failure to Correct Deficiencies.
Whenever notice has been given in accordance with
subdivision 4 of this section and the person or
persons responsible have failed to correct the
deficiencies specified therein •within the time
allowed, the enforcing officer may either:
{1) In writing upon a showing of good cause,
extend the time for correction of the defi-
ciencies; or
(2) Serve upon the owner and occupant a written
notice requiring that such building, dwelling
unit, or rooming unit be vacated because
unfit for human habitation. Such notice
shall:
(a) particularize the violation or viola-
tions which remain uncorrected; and
(b) provide a reasonable time, but not less
than 30 days, within which to vacate the
premises. Such written extension of
time or notice to vacate may be served
personally or by registered mail in
accordance with the procedures set forth
in subdivision 4 of this section.
15
Subd. 7. Appeals. Any person aggrieved by a
notice issued pursuant to this section may, within
I5 days after service of the same, appeal there-
from to the board of appeals by filing a written
notice of appeal with the clerk, In the case of
an appeal from a notice to vacate pending elimina-
tion of imminent hazards issued pursuant to
subdivision 5, the subdivision 7 hearing appeal
shall be heard within one week from the time of
filing thereof unless the appellant requests a
hearing at a later time convenient to him and to
the board. In the case of appeals from other
notices, the appeal shall be heard at such time as
ma.~r be established by the board, but the taking of
an appeal from a notice other than one to vacate
pending the elimination of imminent hazards issued
under subdivision 5 shall, during the pendency of
such appeal, restrain the city and its officers
from proceeding in any manner to enforce the
notice.
Subd• ~. Board of Appeals, The council shall
serve as and constitute the Board of Appeals. All
appeals under this section shall be heard by the
board. The city manager, the building official
and the health officer or sanitarian and the fire
mar-shal or marshals may serve in an advisory
capacity as ex-officio mearbers of the board. At
hearing conducted pursuant to this section, the
enforcing officer shall present the evidence with
respect to the existence of a violation, and the
appellant and his attorney may call and cross-
examine witnesses and make such argument with
respect to the facts and law as may be relevant to
the alleged violation. The board may obtain the
advice of tre attorney or his designate in connec-
tion with the conduct of the hearing or the action
to be taken. The board may act in the absence of
and' cne of its members if such member is not
reasonably available, but in no case shall it act
without the affirmative vote cf any two. The
board ray, upon the hearing, affirm in whole or in
part or deny the existence of a violation of this
part, and, if a violation is found to exist,
confirm or T~odify the corrective action to be
taken or the other requiring vacation of the
premises and the time allowed therefor,
Subd. 9. Correction of Violation by City and
Assessment of Cost. In all cases of violation to
which b~Iinnesota Statutes Section 145.22 to 145.23
are applicable, the enforcing officer may proceed
as therein provided to abate or remove the viola-
tion and, if deemed necessary, to have the cost
16
r~
thereof specially assessed against the lot or
parcel where the violation was located. In
suitable cases, said statutory remedies and
procedure may be used either concurrently with, or
separate from, the procedures prescribed in this
part.
Subd. 10. Unlawful to Resume Occu ancv. No
building, dwelling, awelling unit or rooming unit
which has been designated as unfit for human
habitation and placarded as such shall again be
used for human habitation until written approval
is secured from, and such placarding is removed
by, the enforcing officer. The enforcing officer
shall remove such placard whenever the defect or
defects upon which the designation and placarding
action were based have been eliminated and the
building, dwelling, dwelling unit or rooming unit
has been made to conform to the standards estab-
lished by this part.
Subd. I1. Unlawful to Deface Placard, It shall
be unlawful for any person to deface, remove, or
obscure any placard affixed under the provisions
of this part."
III. By repealing the following provisions of Part III,
Section 3.21 thereof entitled: `°Regulation of
Supplied Facilities; Maintenance and Occupancy of
Dwellings and Dwelling Units":
{1} Paragraph {2) of subdivision 1.
(2) Paragraph {5) of subdivision 9.
(3) Subparagraph (6)(c) of subdivision 9.
IV. By amending paragraph (16} of subdivision I to
read as follows:
{16) "Plumbing" shall mean and include all of the
following supplied facilities and equipment:
water pipes, garbage disposal units, waste
pipes, water closets, sinks, installed
dishwashers, lavatories, bath-tubs, shower
baths, installed clothes-washing machines,
catch basins, drains, vents and any other
similar supplied fixtures, together with all
connections to water or sewer lines.
V. By amending paragraph (1} of subdivision 7 thereof
to read as follows;
17
1
{1? Every habitable room shall have at least one
window or skylight facing directly to the
outdoors. The minimum total window glazed
area for every habitable room shall be 8
percent of the floor area of such room.
Whenever walls or other portions of struc-
tu~es face a window of any such room and such
light-obstruction structures are located less
than 3 feet from the window and extend to a
level above that of the ceiling of the room,
such a window shall not be deemed to face
directly to the outdoors and shall not be
included as contributing to the required
:minimum total window area. t~Thenever the only
window in a room is a skylight-type window in
the top of such room, the total window area
of such skylight shall equal at least 15
percent of the total flocr area of suoh room.
Passed by the City Council of the City of Richfield this
27th day of February ~ 1984
;,
[1
I
18
SUN
NEWSPAPERS
AFFIDAVIT OF PUBLICATION
RICHFIELD STJN
8940 Lyndale Avenue South
.3f~te of iYf:ienes Vta
County of Hennepin
Bloomington, Minnesota
D. K. MORTENSON, being duly sworn, on oath says he is and during all times here stated has been the
vice president and general manager of the newspaper know as The Richfield Sun and has full knowledge
of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper
format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said
newspaper is a weekly and is distributed at least once every week. (3) Said newspaper has 50% of its
news columns devoted to news of local interest to the community which it purports to serve and does not
wholly duplicate any other publication and is not made up entirely of patents, plate matter and
advertisement. (4) Said newspaper is' circulated in and near the municipalities which it purports to
serve, has at least 500 copies regularly delivered to paying subscribers, has an average o[ at least 75%
of its total circulation currently paid or no more than three months in arrears and has entry as second-
class matter in its local post-office (5) Said newspaper purports to serve the City of Richfield in the
County of Hennepin, and it has its known office of issue in the City of Bloomington in said county,
established and open during its regular business hours for the gathering of news, sale of advertisements
and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its
employ and subject to his direction and control during all such regular business hours and devoted
exclusively during such regular business hours and at which said newspaper is printed. (6) Said
newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper
is made available at single or subscription prices to any person, corporation, partnership or other
unincorporated association requesting the newspaper and making the applicable payment. (S) Said
newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of
publication mentioned below. (9) Said newspaper has filed with the Secretary o[ State of Minnesota prior
to January 1, 1966 and each January 1 thereafter and affidavit in the form prescribed by the Secretary
of State and signed by the managing officer of said newspaper and sworn to before a notary public stating
that the newspaper is a legal newspaper.
He further states on oath that the printed Summary Of Amendment
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed
and published therein in the English language, once each week, for Oriesuccessive weeks;
that it was first so published on Wed the 7 day of March 19 84
and was thereafter printed and published on every to and including
(Otticial Publication)
SUMMARY OF AMENDMENT TO
CHAPTER III OF THE
ORDINANCE CODE OF THE CITY
OF RICHFIELD
The following summary of the
amendment to Chapter III of the
Ordinance Code of the City of Rich-
field has been approved for publica-
tion in lieu of the amendment which is
on file in the office of the City Clerk
and available for public inspection
during regular business hours Mon-
day through Friday.
Bill 1984-5
SUMMARY
I. PART I. BUILDING AND ME-
CHANICAL REGULATION. Part I
adopts and confirms .the. Minnesota
State Building Code as the building
code of the City of Richfield and
adopts by reference various building,
electrical, plumbing and housing
codes and appendixes thereto. Part I
also authorizes the Building Official
to administer and enforce such codes
and requires that permits be obtained
and fees paid prior to the commence-
ment of activities regulated by this
part. Standards for granting permits
and licenses are also contained in this
part.
The amendment also adopts, with
certain exceptions, the Minnesota
Uniform Fire Prevention .Code, es-
tablishes the duties oE:"the Fire
Division, rovides for th'e estab-
lishment olpfire lanes, declares cer-'
fain conduct to be a critt~pN~and re-
moves building and fire c'dde appeals
from the uniform enforcl'ment pro-
visions of Section 3.10 of the Or-
dinance Code.
II. PART III. Section 9.21 entitled
"Regulation of Supplied Facilities;
Maintenance and Occupancy of
Dwellings and Dwelling. Units ' by
repealing parts of certain paragraphs
or subparagraphs as follows:
1. Paragraph (2) of subdivision 1
2. Paragraph (5) of subdivision 9
3. Subparagraph (8) (c) of Sub-
division 9
II. PART III. Section 3.21 entitled
"Regulation of Supplied Facilities;
Maintenance and Occupancy of
Dwellings and Dwelling Units" by
amending the definition of "plumb-
ing contained in paragraph (16) of
subdivision 1 thereof and by amend-
ing the window or skylight require-
ments contained in paragraph (1) of
subdivision 7 thereof.
Passed by the City Council of the
City of Richfield this 27th day of
February, 1984.
JOHN HAMILTON
ATTEST: Maxor
SYLVIA K. BERGH
City Clerk
(March 7, 1984)-RICH
the day of 19 and that the following is a printed copy
- of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and
kind of type used in the composition and publication of said notice, to wit:
abcdefghij klmnopgrstuvwxyz
' ~ `+ ~~ p 'yj~~
~. j / F Y y
SSt~~~ V ~~i."I~(... may".°.ti
~`Slubscribed and sworn to before me this ~ 6 day of March l9 84
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