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Home My WebLink About2009-03 12-04-08 APnewspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as Brooklyn Park, Brooklyn Center Sun-Post and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B) The printed public notice that is attached was published in said newspaper(s) once each week, for one successive week(s); it was first published on Thurs- day, the 4 day of December 2008, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the day of , 2008; and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdef ghijkl mnopq rstuvwxyz r~ BY:._ CFO Subscribed and sworn to or affirmed before me on this 4 day of December 2008. Notary Public .-r...+++w++ r MARY ANN CARLSO NOTARY PUBLIC - MINNESOTA MY COMMISSION EXPIRES 1.91-o9 City of Brooklyn Center (Official Publication) City of Brooklyn Center Notice is hereby given that a public hearing will be held on the 12th day of January 20Q9, at 7 p.m. or as soon there- after as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider amendments to Chapter 5 of the City Code of Ordinances. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please con- tact the City Clerk at 763-569-3300 to make arrange- ments. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5 OFTHE CITY CODE OF ORDINANCES (Dec. 4, 2008)p1-fire chap 5 • In the Community, With the Community, For the Communhy www.mnSun.com-Thursday, Dec. 4, 2008 -Brooklyn Center & Brooklyn Park Sun-Post 23A LEGAL NOTICES City of Brookhm Center (Officinal Publication) City of Brooklyn Center Notice is hereby given that a public hearing will be held on the 12th day of January 2009, at 7 p.m. or as soon there- after as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider amendments to Chapter 5 of the City Code of Ordinances. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please con- tact the City Clerk at 763-569-3300 to make arrange- ments. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5 OF THE CITY CODE OF ORDINANCES THE CITY COUNCIL OF BROOKLYN CENTER, HEN- NEPIN COUNTY, MINNESOTA, DOES ORDAIN AS FOL- LOWS, CHAPTER 5 - FIRE DEPARTMENT AND FIRE PRE- VENTION Section 5-160. PURPOSE. It is the purpose of this ordinance to provide for and maintain a volunteer fire de- partment comprised of part-time members and full-time members as authorized by the City Council. Section 5.101.. ESTABLISHMENT AND CONTINUA- TION. Pursuant iothecharter oftheCity of Brooklyn Cen- ter, in order to prevent and suppress fires, to protect lives and property within the City, and to promote the health, safety and welfare of its citizens, the City Council of the City of Brooklyn Center hereby continues and establishes a department of City government known as the Brooklyn Center volunteer fire department. PeaseaNy 91081iR@ aP- The Fire Department will consist of a Fire Chief, one Assistant, two District Fire Chiefs, and no less than 40 firefighters 1AWGIN6- tr- .3-e61iab- ;.Rd e- IRS 46 yeape all age eF8k3Bfr dr AW; m eaigiefratire p.: xtFegea retire eFege 65. e- -Q@148 a wkiSk RU he allfffid 13Y F868IWt;8R a; liSR St 4148 AFS f- S- et_ ' 4aete4x4NFalFaRpNeaRE , ieasempesitead- R4@08a' V4ieq•Shall teeew_ a tkaR 499; w8i914 iN 94eaPPeia4ree -;9Prev84. 9- b:m dal' i- 'akatiGFI RBger`: -3pe14 esseesing-tkese ElbiaRti% ...ia4 {terfeF ei9eFed-resd4He~ ` 388raesi1et:.:a'::_: t r - Baal -§e ek3seiked 88-9Rtdati_ _ *94W --7alar-fka le- ' 48 814;81, aR e8silitAR4 fFFA ANSI RR: _ '4MAGI, 448 9FB Skill!, WI 84 W14SFR Shall IRS F89bi Ia~iiratiQ48F8, k- Shalte 8`.:.. aRt#ir8ehiefreRd eRe., w.,;w 1064 01 jaf&.• rh- pw ...,dt&Rd f89. R. GA = e - 8F OF 048 SAY FROR q.n. 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'99, 919GIP6101FRA -1- 1-1 a- 614 ffiff t 0e4-i Res: Wiliq he fire sew ea with _-'qe#6 vies; lay the ei , e-lib, n iF Legal Notices continued on next page ,lh7.rti~ trra+r+n"lptltal w..,,.c-94-?3.1-A„m1mddn~,v5r..urnr a. .4-7-"-'rT_.mnrnr,7,e:rr.r:sxru rrt't:tfze*Sf+n`lAtli-TOR 'vttntttttrtsn'lprttrlt. 2AA Ift Coder& lime p Park Sun-Post -Thursday, Dec. 4, 2008 -wwW.MnSun.com in the Community, With the Community, For the Commaaiiy UEG-AL NOTICES Cky of Bmak4n Ca chapter5continued 'twokws-mm CHIEF; DUTIES. The is the eummdire head of the Fire Department and %,-as Fine fen tyre cftyc The Chief is ap- pmutded by Me CW1 tllarrieW. The Fire Chief is also the nod a if all Fire Prevention of the city and has 5A aufflrtllift tm rsaex W ae llm%r, 09CL-.- and rules re- ltmmglb ties ptamdiimm, fine 5gh&Q and the Fire Depart- amantalMea The ON& far the training and danlirifire mt mrimmitims of fire department and for the as are effective firefighting unit: the Biel of all fires and EMS calls. The Chief is fimremaeptiiraeebytheFire Department and aremtksas ttaetaelf main sit the km.% ordinances and rules esIaMidned Otte (0byC mmmu and for directions received bammMeGIV to the Fire Department. qpaW _ 540112- APPOINTMENT OF ASSISTANT/ DISTIOMFEE4HIEF5. Tie pusidkitirs; cif AssaftaWDistrict Fire Chiefs are ap- pmvft tl bg the Fin Chat aid approved by the City Man- aw. ftc0lins FEE WRSNAL. Theaf iceadtireFie Nkiziral is held by the Fire Chief- The Fie Cbpdf rs to assist and cams eaL or responsibilities of the posi- ta m atltpa Fire Mar". TheFireMar- shall s dmWd maHtr Pre ert-,:,,.ant of all ordinances ar medaft1m.- tmasadhasfull authority to inspect all P. - aed ¢ Ow narmovall or abatement of all fire rind sodiely le` $rgaim sow Darr NE. The Fire Cbielf sisare kme tie authority to susperndAer t- mate bra to obey orders or for neglect in hie ome ma s dWkes as suffined in the fire department rdles a d umlailladam or fix cause- Terminations. shall be mazlis mwUnthe apptowd off Me City Manager Spe"m 544.8.. AUTHORITY OF ASSISTANT/ DEPUTY FIRE CHIEFS- in Una oar arisabtiy, aat the Fire Chief, the Senior As sisl wrilUste rtRimChef must perform all the functions andexmsiise alit affRoeam yoftheFireChief. IggLpa 540a CUALFICATIONS OF PERSON- NEL. Ewhbitet mwa the trout Ibss than 18 years of age and 11w wittaim 4.6 maitrtifts tmm the fire stations. They be- corm m a mtbas all the Five Departrrerd only after a one pm be6u-,x petindamd meeting Fire Department re- mp Emch a idate, before L-.r.ing a re- seued must corrillillate, and pass a psychologi- aafi sue, aNity , phpkat examination, and criminal badqj.mumd a#n® k. Ali fi rs are selected by the Board off OR axe with qWwwal by the Fire ChieL Sea mm 64414, 5-109 REGULATIONS GOVERNING llUll`ATTHE SCENE OF A FIRE EMERGENCY. a rte. him pen eshee &We any vehicle over an un- ila base ewumpt at the direction or com- mruadmh a pmlf¢s allicar it member of the fire deprart- Ra eric RgmRtm the appmaicr of any fire department ve- PScle skyr®ll by bet" siren, horn, or flashing emaigairmy 1 the dirrilver of every other nonemer- gency mehdis l :,,-....Talely drive the same to a p masmumraspossiWeandparalleltotheright- kandediearciabatMestreedearofanyintersec- lim,,aimd shaill in such positron unless of, diree>tatA bya psTece officer or a member of ilia fife departrawK, and uirrtt tie fire department ve- b disc late ate. N shat be unlawful for the driver dam>p--,, A;. veficletofollow closer than 500 feet>b M.V Sim apparafts traveling inresponse toafire afkmr4 i0 siE be arlaadul to drive into or park sedb.A„- -.jpm¢y vehicle within the block in which sash fits apparabs has stopped in answer to a fire di amaless pwariflead or directed to do so by a po- Ifee dificarrar ff the fire department. h a# FWwwamiirrw Sarephe-: The officer of the iWagovs the dqMthimit ikn comimand at the scene of arty fire or other emergency shall have the authority to estab- lish an emergency zone within which no person ex- cept members of the fire department, police depart- ment, or authorized members of the emergency pre- paredness department shall enter, unless directed or permitted to do so by such officer in command. No unauthorized person shall enter upon the which is the scene of a fire or alarm of fire, or other emergency, unless and until directed or permitted to do so by the fire department officer in command. c. Removal of Pmnerty Fndanaered tw Fire: The fire de- partmentofficer in command at any fire or other emer- gency shall have power to cause the removal of any property, whenever it shall become necessary for the preservation of such property from tire, or to prevent the spreading of fire, or to protect adjoining property, and to that end he may enter or authorize any mem- ber of the fire department to enter any premises for the purpose of carrying out the intent of this subdivision. d. Police Powers of Firg Danarhrlent Personnel; At all times when the fire deparfinent is engaged in travel- ing to a fire or to the scene of an alarm of fire, or is present at a fire, or the scene of an alarm of fire, or other emergency, all officers of the fire department shall be vested with police powers and authority to en- force the provisions of this ordinance. The fire department of- ficer in command at the scene of a rue or a rescue emergency shall have the authority to direct the oper- ations of all police and emergency preparedness per- sonnel present at the scene. The fire chief or the fire chief's designated represen- tative is hereby vested with all police powers neces- sary to investigate the cause, origin and circum- stances of any fire, or alarm of fire, or other emer- gency requiring the attention of the fire department. $action 53~ 5-110. TAMPERING WITH FIRE ALARM SYSTEM AND ISSUING FALSE ALARMS. It shall be unlawful for any person to tamper with or in any way interfere with any element of any fire alarm system within the City. It shall be likewise unlawful for any person to issue, or cause to be issued, an alarm of fire or other emergency condition when no fire or emergency condition exists. Berhon 6342, 5.111, OBSTRUCTION OF FIRE HY- DRANTS. No person shall park any vehicle in such a way as to obstruct a fire hydrant. The stopping or parking of a vehicle within 20 feet of a fire hydrant shall be deemed an unlawful obstruction of such hydrant. tin 5-112.6343. PENALTIES. Any person vio- lating the provisions of Section 5-109.6344 through 5- 111.6-442 of this ordinance shall, upon conviction there- of, be punished by a fine not to exceed one thousand dol- lars ($1,000) or by imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. ,5ectign 5-200.62Q4 ADOPTION OF FIRE PRE- VENTION CODE. a. Pornosp.and Intent of Fire Regulations: It is the pur- pose and intent of to fire regulations to promote high standards of quality in the construction and mainte- nance of buildings, to improve the tax base with well constricted and well maintained buildings, and to en- hance the value and condition of property within the City of Brooklyn Center. It is not the intent of these fire regulations to provide compensation to victims of fire, to guarantee absolute compliance with all fire regula- tions, or to indemnify owners of private property against loss occasioned by their failure to comply with fire regulations. b. Adoption of Codes and Standards. There is adopted and incorporated herein by reference as an ordinance of the City: 1. Internatinna141Rfferea Fire Code Adopted. The In- temationallaIR& re Fire Code as promulgated by the International Code Cogncil incorporated Edition) together with Appendices I P.-FB, 4C, 4-A,444irt-D, 44, 9, 111 G. IM A, IW 0, WI A, W- F t<, and Minnesota State Fire Code Rule; and Amend- ments referred to as the 2007 Minngsp,1 State Fire CQdg 76i93i19ms hereby mR 884 Siff iR W11, SWIRjS84 16 616161i(0116 OF other referred to as the t~C_41F6 eede3gt7- 41-4 41e flea-sftall - 42R ' ;2G ;14; 06, 4614,224,294G, 294 9~ a"d 2Q4 P &Ad thew seds as #iemoh an c. Codes on file: The fire chief shall file one (1) copy of the Intematgnal Fire Cgr(e 1,1A F0161*641 18 Ili 6884SR WA (2) 81 > -6epyz, in his/her office; and a copy of the State of Minnesota Aooegdices and Ap+endments, Copies shall be kept available for public inspection. d. pefi-rpidams 1. Whenever the word jurisdiction" is used in the IFCWFr- it shall mean the City of Brooklyn Center. 2. Whenever the term "corporate cotmser is used in the IFC 41W6a it shall mean the attorney for the City of Brooklyn Center. 3. Whenever the term "chief is used in the IFC 14-6 it shall mean the chief of the Brooklyn Center fire department or his designated representative. Sedfgg 5-201A292. ESTABLISHMENT AND DU- TIES OF BUREAU OF FIRE PREVENTION. 1. The fire prevention code shall be enforced by the bu- reau of fire prevention in the fore department of the City of Bmoklvn Center, which is hereby established and which shall be operated under the supervision of the chief of the fire department. 2. The fire chief or the fire chief's designated represen- tative shall be in charge of the bureau of fire preven- tion-Section 5-202bs MODIFICATIONS. The fire chief shall have power to modify any of the provisions of the fire prevention code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difffcultes it way of carrying out to strict let- ter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the fire chief thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant Sepkgn 5-203.k R9d, NEW MATERIALS, PROCESS- ES OR OCCUPANCIES WHICH MAY REQUIRE PER- MITS. The city manage, ..,,.:....rnty develgoment direc- for, , building official, fire in- spector, and the chief of the fire department shall ac as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials processes or occupancies, which shall require permits, in addition to those now enumerated in said code. The fire chief shall post such list in a conspicuous place, upon ap- proval or denial by the committee, and distribute copies thereof to interested persons. a. Appel: Whenever the committee shall disapprove an application or refuse to grant the permit applied for, or when it is claimed that the provisions of the Interns- tignallelpitsFat Fire Code do not apply, or that the true intent and meaning of the Code has been miscon- strued or wrongly interpreted, the applicant may ap- peal from the decision of the committee to the City Council, within thirty (30) days of the date of the deci- sion. b. Permit Fees The fees for any permit required by this ordinance and for each annual renewal thereof shall be established by resolution by the City Council of Brooklyn Center. All permits, unless otherwise noted, shall expire one year from the date of issuance. c. Amendments to the IFC.:t - 1. If doors in fire corridors, separation walls, fire doors, or smoke barrier doors are needed to be kept open, they shall be held open by electric magnetic door holders that are controlled and re- leased by the trip of a smoke detector or sprinkler heard that covers the entire building. The approval of the fire chief is needed for this mgdfication- ameditieialiea to a building. d. Minimum Standards; Whenever the IFCUFG fails to be specific about a device or appliance, it shall have a im standard of being UL "Underwriter Labo- ratory" approved. a. Fires and Barbecues on f3adrrg ins or Patios: In any structure containing three or more dwelling units, no person shall kindle, maintain, or cause any fire or open flame on any balcony above ground level; or on any ground floorpatio within fifteen (15) feet of the structure. 1. Fuel Storage Prohibited: No person shall store or use any fuel, liquid or compressed gas, barbecue, torch, or other similar heating or lighting chemical or device in the locations designated it subsec,- tion(e). 2. Exception: Listed electric or gas-fired barbecue grills that are permanently mounted, wired, or plumbed to the building's gas supply or electrical system and that maintain a minimum clearancetd IS inches on all sides, unless listed for lesser clearances, may be installed on balconies and pa- tios when approved by the fire chief. Fire Alarm Svstems and Smoke Detectors; 1. Standards for installation, inspection and mainte- nance of the fire alarm system shall be according to standards in 1EQNFGr 2. Whoever shall render a smoke detector or fire alarm system inoperable by removing the battery or disconnecting or dismantling the detector, or fire alarm system, in any rental, commercial or business unit is guilty of a misdemeanor. 3. All battery-operated smoke detectors shall be re- moved from all rental units and replaced with smoke detectors hard wired into the units' 110 volt electrical system by December 31, 1993. Incident Control Costs: Every person, firm, or corpo- ration that is not a resident of the City or the owner of real property in the City subject to real property taxes, shall be liable for all incidents or preventing the spread, or extinguishing any fire caused by or result- ing from his, her, or its acts, negligence, or omissions. The fire chief shall keep a record of the cost, includ- ing work done by firefighters and other City employ- ees and equipment. The fire chief shall then bill the person, firm, or corporation liable for the fire. No li- cense of arty person, firm, or corporation liable for the expenses incurred in fire control as provided above shall be renewed if the licensee is default in payment of any bill hereunder. In rQretatinn and Conflict with the Minnegota State Ruildirha_Qgdg; in the event of a conflict between the provisions of the IFC 1496 or the Minnesra State Buildina CodeNFG and the provisions of this ordi- nance, the more stringent provisions shall apply, pro- vided, however, that no provision of this ordinance shall be interpreted to exceed the requirement of the Minnesota State Building Cade as adopted by the or- dinance of the City of Brooklyn Center: Qpen Bumina; 1. Except as authorized in this section, open burning of any material is prohibited. This prohibition does not apply to burning conducted by governmental authorities WbQwpien have secured r...... from the fire chief or to outdoor cooking using only propane or charcoal. 2. Outdoor recreational or cooking fires may be per- mitted subject to the following requirements: arSaeh-Le, :.,e, May 66 9611dU61811 ORly by per dWO'liR@ Wit (as d0liRild OR 46 61481 IeF 19UFRiRS PQFR4*tA A14011 14 ..61 46F 14, GRIAREIRF YOW 814611 Billy 8118 P(IFFR4 8140" 19 '3er~ay aY weilia~4e4.`..: .:.Jiteas aRd a.*Ail fires must be in an approved outdoor fire- place or a pit which is at least one (1) foot below grade. A pit must be located at least fif- teen (15) feet from buildings, fences, property lines or flammable materials. Pits may be no more than three (3) feet in diameters and the outside edge shall be ringed with brick or rock Commercially manufactured steel outdoor fire pits may be used provided they are not more than three (3) feet in diameter. b.a>•Only clean dry wood may be burned. Weed FRUS1 have 1388R 6108d OF SMF661 18F SRS (4 4*W ,wahA~retesfed{ror -;aaadsaewr No leaves, trash, treated or painted wood, orarry other materials may be burned. All burning material must be contained in the pit at all times. ,+Fires shall be so managed and maintained that fires do not exceed three (3) feet above the fire pit, and'persons are able to stand with- in bur (4) feet of the fire. d.e:The fire shall be attended by an adult at all times and must be extinguished when unat- tended. An adequate source of water must be available at the pit for extinguishing the fire. g. Prevailina wind conditions shall be less than 10 miles Der hour and sflall not direct smoke toward other nearbv residences f. Outdoor recreatklrlaf fires are or-r ilted ha- tween the hours of 8!00 a.m. and midniaht All fires must he enm6ggft y extrmulshed by mid- rdahL q No racxea1jQrtgl fire. sfr_@lt he nor . - L when the city or Minnesgote Department of Natural Resources has officially declared n "huminn Legal Notices continued on next page In file Community, With the Community, For the Community www.ulnSumcotn -Thursday, Dec. 4, 2008 -Bmgidyn Ceawr & &=Up ft &3=4%W Si LEGAL NOTICES City of Brooklyn Center Chapter 5 continued bglh" due to ootertiwil fire conditions or when the Minnesota Pollution Control Anenev has declared an air nuaity dent. #--Ia+ieFteesm„, ,weLt~reirr§•the$reelF h. The fire chief is authorized to require that recreational fires be immediately extin- guished it it is determined by law epforre- MO-144e-64W or the fire denartmente4kW4 de6i9ae48d allewt that the fire constitutes a dangerous condition, or ouses gpdue harrj- s in pn neiahborigo residences iHHe-lira-e ef-peFFAit seRdAierw+ Failure to comply with any provision of this Chapter, xv k4- i- tfepeef a peraiiF or with an order of lirw en- fnrrarpflgitthe--egie# Or the r}re, 4eoart- M1W16W0$ ?s 9eeiliRa18d 098144 is a violation of this section.. aeg! 5.204.6 29E RIGHT OF INSPECTION. The chief of the Brooklyn Center fire department or any mem- ber of the fire department designated by the fire chief as an inspector may, at reasonable hours, enter any building or premises for the purpose of making any inspection which the fire chief deems necessary to be made. Section 5-205.6286+ INSPECTOR'S DUTIES. Whenever any such officer or inspector shall find in any building or upon any premises or other place: rominist ble or pxolnsive matter or rlannemus acru- r ion of mbbish or unneressarv,9rcirrqulaton of waste oaoer. koxes shavings or any hiahiv flammable material.q ah sihhated as to endana r r rtv or f, $haX find obstruction- from anv source whatsrrver inclIAMW materigis articles or men:handise. to pr on (im esr gel. Stairs r;prridnr - or (lpons liable to inter- fere with the nneratinn of thfl fire deg~rtment. or p,coress of ne.rMprits. in rase of fire. or c. shag find any condition on said premises which is so likely to cause fire as thereby to seriously endanger property or human life, or d. shag find at any premises a violation of any ordinance of this City or law of the State of Minnesota the con- tinuing violation of which creates a fire hazard, then such officer or inspector shall order the same to be re- moved or the condition remedied. 5.206.¢ DUTY TO CORRECT HAZ- ARDOUS CONDITIONS. Such order shall forthwith be complied with by the owner or occupant of such premises or buildings, subject to appeal within twenty-four hours to the City Council of the City of Brooklyn Center, who shall within 15 days review such order and file its decision thereon, and unless the order is revoked or modified it shall remain in full force and be obeyed by such owner or occupant. Any owner or occupant failing to comply with such order within 10 days after said appeal shag have been determined, or if no appeal is taken, then within 10 days after the service of the said order, shall be gable to a penalty as hereinafter provided. e ' n 5-207A POP- SERVICE OF INSPECTOR'S ORDER. The service of any such order shall be made upon the occupant of the premises to whom it is directed by either delivering a true copy of same to such occupant personalty or by delivering the same to and leaving it with any person in charge of the premises, or incase no such person is found upon the premises by affixing a copy thereof in a conspicuous place on the door to the entrance of the said premises. Whenever it may be necessary to serve such an order upon the owner of the premises, such order may be served either by delivering to and leaving with the said person a true copy of said order, or, if such owner is absent from the jurisdiction of the officer making the order, by mailing such copy to the owner's last known post office address. Section 5-208APOR. NOTICE OF HAZARDOUS CONDITION POSTED ON BUILDINGS. Whenever any building of a public nature, or which is used for commer- cial purposes, or for any other purpose other than a pri- vate or two-famiy dwelling, is found to be unsafe for any reason set out in Section 5-206, and the hazard thereof iperetreou is so imminent as to place human life in imme- diate jeopardy, the inspecting officer shall post or place at the principal entrance of such structure a notice stating that it is in a dangerous condition; and it shall be unlawful for any person to remove such notice without his written permission. It the owner or person in charge of such building or struc- ture, when notified, shall fail to place the same in a safe condition or to adopt such emergency measures as shall have been directed within the time specified, it shall be un- lawful for any person, firm or corporation to occupy or use said building or structure until it has been rendered safe. Sprtion 5-209.6.2449- WATER OUTLETS RE- QUIRED. On all commercial, industrial and other nonres- idential construction which is supplied with an adequate well there shall be provided a four inch outside water fit- ting with frost-free valve so located as to be easily acces- sible for connection to firefighting equipment near to an alley or road. It shall be so constructed that it can be eas- ily operated from the outside at all times. Sectirm 5210.6i9q + PENALTY. Any person violating any provision of this ordinance shall, upon conviction, be pun- ished by a fine not exceeding one thousand dollars ($1,000) or imprisonment not exceeding ninety, (90) days or both, together with the costs of M.N ition. The haz- ardous condition that invoked the penalty shall be reme- died within a reasonable specified time; failure to do so shall constitute a separate offense. FSTABLISHING FIRE= PBFVF(VTIQN PROVI.gItXJS IN INDUSTRIAL. COt,~(VIERf JAL AND RESIDENTI~ DISTRICTS Sectgn 5-300.FIRE PREVENTION POLICY STATEMENT. It is declared to be the policy of the City of Brooklyn Center to vigorously promote the safety and wel- fare of its citizens. In this context, the traditional approach to fire service--suppressing fires once ignited, rescdrg survivors, and too frequently exposing to physical danger and death, all at a disproportionately high community investment of resources in manpower and equipment-is declared unacceptable for Brooklyn Cen- ter. Rather, it is the fire safety policy of the City of Brook- lyn Center to efficiently utilize its resources and mm :,,i e life, safety, and citizen welfare by requiring that fire pre- vention and extinguishing systems be fruit into certain new structures. Thus, the effectiveness of the Brooklyn Center volunteer fire department is enhanced and ex- tended at a lower cost to the citizenry, Igee safety ' is allo- cated a priority at leant as great as property protection, and the owner cost of built-in fire protection is partially or wholly repaid in savings on initial construction costs and annual fire insurance premiums. Section 5-301.(1 FIRE EXTINGUISHING SYS- TEMS REQUIRED. Every story, basement or cellar in every building hereafter erected in the 1-1(industrial Park), 1-2 (General Industry), CI (Service Office), CIA (Ser- vice/Office), and C2 (Commerce) zoning districts shag have installed and be equipped with an automatic fire ex- tinguishing system which system shag comply with provi- sions of the Sprinkler Stardard, N.FPA. No. 13. Every story, basement, or cellar in every building exceeding three stories in height hereafter erected in any residential (R1 through R7) district shall have installed and be equipped with an automatic fire extinguishing system which system shall comply with provisions of the Sprinkler Standard, N.F.P.A. No. 13. The fire extinguishing system shall be .,,,,,,,.,..ed to a central station system approved and listed by Underwriters Laboratories, Inc, and shall re- main so connected and maintained during the life of the building. Exception: Buildings having a gross floor area less than 2,000 square feet shall not be required to install a fire ex- tinguishing system, provided each story of the building has at least 20 square feet of opening above grade in each segment of the 50 lineal feet of exteriorwrall on at least one side of the building. Section 5.302.6.283 VARIANCES (ADJUST- MENTS). The procedure for obtaining a variance from the requirements of this ordinance shall be the same as set out in Section 35-240 of the ordinances of the City of Brooklyn Center. The board of adjustments and appeals may ..--,,,,mend and the City Council may grant variances from the literal provisions of this ordinance in instances where their mat enforcement would cause undue hardship because of cir- cumstances unique and distinctive to the specific proper- ty or use under consideration. The provisions of this or- dinance, considered in conjunction with the unique and distinctive circumstances related to the property or uses thereof must be the proximate cause of the hardship; cir- cumstances caused by the property owner or the appli- cant or a predecessor in title shall not constitute sufficient justification to grant a variance. A variance may be grant- ed by the City Council after demonstration by evidence that all of the following qualifications are met: 1. A particular hardship to the owner would result if the strict letter of the regulations were carded out. 2. The conditions upon which the application for a vari- ance is based are unique to the parcel of land or the use thereof for which the variance is sought and are not common, generally, to other property or uses thereof within the same zoning classification. 3. The granting of the variance will not be detrimental to the public welfare or injurious to other property or im- provements in the neighborhood. Section 5-303, PENALTY. Any person violat- ing the provisions of this ordinance stall, upon conviction, be punished by a fine not.-.,;ing one thousand dollars ($1,000) or impris-..,..„i not w ..,;ing ninety (90) days or both, together with the costs of prosecution. FMPOWFBING THE CHIE(: 2F THS FIRE DEPARTMENT j0 ESTA6LISH FIRE LANES AND PRESCRIRING A PFNAI TY Section 5-400.6-497- ORDERS ESTABLISHING FIRE LANES. The bureau of fire prevention is hereby au- thorized to order the establishment of fire lanes on public or private prop" as may be necessary in order that the travel of fire equipment may not be interfered with, and that ac to fire hydrants or buildings may not be blocked off. When a fire lane has been ordered to be established, it shall be marked by a sign bearing the wads "No Park- ing-Fire Lane" ora similar message. When the fire lane is on a p9tita property or a public right-of-way; the sign or signs shag be erected by the City, and when on private property, they shall be erected by the owner at his own ex- pense within 30 days after he has been notified of the order. Thereafter, no e-- shall leave a vehicle unat- tended or otherwise occupy or obstruct the fire lane. Section 5-401.9 PENALTY. Any person violat- ing any provision of this ordinance or arty order made pur- suant thereto, shall be gaily of a misdemeanor and shall be punishable by a fine of not more than one thousand dol- lars ($1,000) or by imprisonment not to exceed ninety (90) days or both, with casts of prosecution in either case to be added. Each days violation after notice thereof shag con- stitute a separate offense. 5ggtig0 5.500.&4" INSPECTIONS OF VENTILA- TION SYSTEMS. Cleaning. Any persons, firms, or cor- porations performing ventilation system cleaning in the City of Brooklyn Center shag, prior to ventilation system cleaning, at least five days in advance obtain a permit from the Bureau of Fire Prevention for each job and pay a per- mit fee as established by resolution by the City Council of Brooklyn Center. Upon completion of each job, said per- sons, companies, or corporations shall notify the Bureau of Fire Prevention of the. completion of the job and prior to leaving the job site, allow for inspection of work by a mem- ber of the Bureau of Fire Prevention. Section 1p, PROHIBITED VEHICLES. It shag be illegal to park, store, or leave unattended on any street, highway, avenue, alley or parking at within the limits of the City of Brooklyn Center any vehicle carrying flammable; or combustible liquids including, but not limited to, LP or propane, or containing explosives or blasting agents, or containing hazardous material or poisonous gases. This shall not prevent a driver from transferring the product to or from the vehicle or a necessary absence from the ve- hicle in connection with the driver's normal duties, nor shall it prevent stops for meals. Vehicles that have be- come disabled due to mechanical failure must be removed within three hours. Section 3. This ordinance shag become effective after adoption and upon thirty days following its legal pub- lication. Adopted this _ day of 2". Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indi- cates new matter.) (Dec. 4, 2008)pi-fire dap 5 Cityof Brooklyn Center (Official Publication) CITY OF BROOKLYN CENTER Notice is hereby given that a pudic hearing will be held on the 12th day of January, 2009, at 7 p.m. or as soon there- after as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment of Or- dinance No. 2003-23. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please con- tact the City Clerk at 763-569-3300 to make arrange- ments. ORDINANCE NO. AN AMENDMENT OF ORDINANCE NO. 2003-23, EX- HIBIT A; CENTERPOINT ENERGY MINNEGASCO'S OPERATIONS WITHIN THE CITY OF BROOKLYN CEN- TER FEE SCHEDULE THE CITY COUNCIL OF BROCKLYIN CE (EP,, N E%- NEPIN COUNTY, MINNESOTA. DOESORDA N ASFdAL- LOWS Section I: Exhibit AofOrrd'.m., FJm.2DB3-Msa#img the rates for afranchise fceon imitE pro- vidingnaturalgas.,,.,:,.,:wiridmtfmrUkallt lymtam- ter is hereby amended as loftansr. iA CENTERP61NT ENERGY CAS F{R tlME FEE SCHEDULE F"RwPMmija e R sidential $1 Mparm emb CommercalA $1M parmrtWga Commercial IndustrialB $31$peraumlda Co„„„-_alC $ Dpsrmmmofia SVDFA $51.Wpmrwarri l SVDFB $ permamrrilla LVDF $9spermimm h Ssection 2: This ordinance lm~rd 9 K- ...j effective for service billings by CamfierriPaiiiii: Emery pm- pared after March 31, 2069. Adopted this _ day of r ATTEST: City Clerk Date of Publication Effective Date (Stpkeeat indicates matter to be dalesesi, mmd mlim bmdi- catescrew mater.) (Dec. 4, 2008) p1-Frandliiee Fero mi City of Brooklyn Center (Ol Putmnp CITY OF BF Vgg CENTM Notice is hereby given that a pui>acheanirgwig9eIddla m the 12th day of January 2009, at 7 pima. or as sommttiane- after as the mater may be head at 11hw CWy glint, 63M Shingle Creek Parwraybconsiderar mgt dinance No 2003-22. Auxiliary aids for persons wBa 4salldliffm am amitaiNIB upon request at least 96 tKu s is airy. Flame cem- tact the City perk at 763-569-3310 2tD mugs a ,g e meals. ORDINANCE NO. AN AMMENDMENT OF ORIDINIANCE NO. ,AEI- HIBIT A; XCEL ENERGY ELECTRIII, fRP.AWJCF[ISE FEE SCHEDULE THE CITY COUNCIL OF BFKOWM Qi&Pl EK,HtBN- NEPIN COUNTY, MINNESOTA. D OTMAIIINASiFO- LOWS Section I: ExhbdAofOn1.-_N 2i 2sdtfrfg the rates for a franchise lee am Neel EtreW florpatadimg electric service witintheCityaff Bm~ Cmmtwer+bhare- by amended as follows: E A XCEL ENERGY ELECTFtC F HISS FEE SCHEDULE iFiam Pqw pfilmorpsp Residential $1.52 per mnnmdh SmC&I-Non-Dam $amp. wama6i Sm C & I - C__ J paramaBh Large C & I $ peraroolfh Public Street Ltg $1236pmvRoi dh Muni Pumping-NA) $12B6pmrrrmi6a Muni Pumping -Dem $12 pier viiinolfir Section 2: This on:;-_ - inarrit it boomm ef- fective for service bilfirW by Xcd Err pry aftr March 31, 2009. Adopted this _ day of Mayer ATTEST: City Clerk Date of Publication Effective Date (64ikaewt indicates matte to be disih , pmcrerle:w¢i- cates new matter.) (Dec. 4; 2008) p3 Fxauadiisw Foe 1 Legal Notices contirnied on nod page