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HomeMy WebLinkAbout2016-05 05-05 APAFFIDAVIT OF PUBLICATION STATE OF MINNESOTA )ss COUNTY OF HENNEPIN Charlene Void being duly sworn on an oath, states or affirms that he/she is the Publishers Designated Agent of the newspaper(s) known as: SP Brooklyn Ctr/Brooklyn Park with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEPIN 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 provided by Minn. Stat. §331A.02. (B)This Public Notice was printed and pub- lished in said newspaper(s) once each week, for I successive week(s); the first insertion being on 05/05/2016 and the last insertion being on 05/05/2016. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. I, clause (I) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: Designated Agent Subscribed and sworn to or affirmed before me on 05/05/2016 by Charlene Vold. Al 0^^Otary Public 'r-%MARY ELIZABETH KNAPP Notary Public-Minnesota My Commission Expires Jan 31.2018 Rate Information: (I) Lowest classified rate paid by commercial users for comparable space: $46.90 per column inch Ad ID 542194 CITY OF BROOKLYN CENTERORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5OF THE CITY CODE OF ORDINANCES RELATING TO FIRE PREVENTION Notice is hereby given that a Public Hearing will be held on the 23rd day of May, 2016, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance amending Chapter 5 of the City Code of Ordinances re- lating to fire prevention. Auxiliary aids for persons with disabilities are available upon re- quest at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrange- ments. THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Sections 5-100 through 5-501 of the City Code of Ordinances are hereby repealed. Section 2. Chapter 5 of the City Code of Ordinances is hereby amended by adding new sections to read: CHAPTER 5 - FIRE PREVENTION Section 5-100. PURPOSE. It is the purpose of this ordinance to provide for and maintain a fire pre- vention bureau as authorized by the City Council. Section 5-101. ESTABLISH- MENT AND DUTIES OF BUREAU OF FIRE PREVENTION. a.The fire prevention code shall be enforced by the bureau of fire prevention in the fire department of the City of Brooklyn Center, which is hereby established and which shall be operated under the supervision of the chief of the fire department. b.The fire chief or the tire chief's designated representative shall be in charge of the bureau of fire pre- vention. Section 5-102. RIGHT OF INSPECTION. The chief of the Brooklyn Center fire department or any member 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 inspec- tion which the tire chief deems nec- essary to be made. Section 5-103. INSPECTOR'S DUTIES. Whenever any such of- ficer or inspector shall find in any building or upon any premises or other place: a.Combustible or explosive matter or dangerous accumulation of rubbish or unnecessary accu- mulation of waste paper, boxes, shavings or any highly flammable materials, and so situated as to en- danger property, or b.shall find obstructions from any source whatsoever, including materials, articles or merchandise, to or on tire escapes, stairs, cor- ridors, or doors, liable to interfere with the operation of the fire de- partment, or egress of occupants, in case of fire, or c.shall find any condition on said premises which is so likely to cause fire as thereby to seriously endanger property or human life, or d.shall find at any premises a vi- olation of any ordinance of this City or law of the State of Minnesota the continuing violation of which cre- ates a tire hazard, then such officer or inspector shall order the same to be removed or the condition rem- edied. Section 5-104. DUTY TO COR- RECT HAZARDOUS CONDITIONS. Such order shall forthwith be com- plied with by the owner or occupant of such premises or buildings, sub- iect to appeal within twenty-four hours to the Administrative Hearing Officer, who shall within 15 days re- view such order and tile 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 shall have been determined, or if no appeal is taken, then within 10 days after the service of the said order, shall be liable to a penalty as hereinafter provided. Section 5-105. SERVICE OF IN- SPECTOR'S ORDER. The service of any such order shall be made upon the occupant of the premises to whom it is directed by either de- livering a true copy of same to such occupant personally or by deliver- ing the same to and leaving it with any person in char g e of the prem- ises, or in case no such person is found upon the premises by affix- log 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 prem- ises, 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 iurisdiction of the officer making the order, by mail Ing such copy to the owner's last known post office address. Section 5-106, NOTICE OF HAZARDOUS CONDITION POST- EDON BUILDINGS. Whenever any building of a public nature, or which is used for commercial purposes, or for any other purpose other than a private or two-family dwelling, is found to be unsafe for any rea- son set out in Section 5-103, and the hazard thereof is so imminent as to place human life in immedi- ate leopardy, the inspecting officer shall post or place at the principal entrance of such structure a notice stating that it is in a dangerous con- dition: and it shall be unlawful for any person to remove such notice without his or her written permis- sion. If the owner or person in charge of such building or structure, when notified, shall fail to place the same ins safe condition or to adopt such emergency measures as shall have been directed within the time spec- ified, it shall be unlawful for any person, firm or corporation to oc- cupy or use said building or struc- ture until it has been rendered safe. Section 5-200. ADOPTION OF FIRE PREVENTION CODE. a. Purpose and Intent of Fire Regulations: It is the purpose and intent of the fire regulations to pro- mote high standards of quality in the construction and maintenance of buildings, to improve the tax base with well-constructed and well maintained buildings, and to enhance the value and condition of property within the City of Brooklyn Center. It is not the intent of these fire regulations to provide compen- sation to victims of fire, to guaran- tee absolute compliance with all fire regulations, or to indemnity owners of private property against loss oc- casioned by their failure to comply with fire regulations. b.Adoption of Codes and Stan- dards: There is adopted and incor- porated herein by reference as an ordinance of the City: 1. International Fire Code Ad- opted. The International Fire Code as promulgated by the International Code Council incorporated 2006 Edition together with Appendices B. C. D. E. F. G. and Minnesota State Fire Code Rules and Amend- ments referred to as the 2007 Min- nesota State Fire Code, hereby re- ferred to as the IFC. c.Codes on file: The fire chief shall file one (1) copy of the Interna- tional Fire Code in his or her office and a copy of the State of Minneso- ta Appendices and Amendments. Copies shall be keot available for public inspection. d. Definitions: 1.Whenever the word "iurisdic- tion" is used in the IFC it shall mean the City of Brooklyn Center. 2.Whenever the term "corporate counsel" is used in the IFC, it shall mean the attorney for the City of Brooklyn Center. 3. Whenever the term "chief" is used in the IFC, it shall mean the chief of the Brooklyn Center fire de- partment or his or her designated representative. e. Amendments to the IEC: 1. If doors in fire corridors, sepa- ration 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 released by the trip of a smoke detector or sprinkler head that covers the entire build- ing. The approval of the fire chief is needed for this modification to a bn f. Minimum Standards: When- ever the lEG fails to be specific about a device or appliance, it shall have a minimum standard of being UL "Underwriter Laboratory" ap- proved. Section 5-201. MODIFICA- TIONS. The fire chief shall have power to modify any of the provi- sions of the fire prevention code upon application in writing by the owner or lessee, or his or her duly authorized agent, when there are practical difficulties in way of carry- ing out the strict letter of the code, provided that the spirit of the code shall be observed, public safety se- cured, and substantial iustice done. The particulars of such modifica- tion 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 appli- cant. Section 5-202. NEW MATERI- ALS, PROCESSES OR OCCUPAN- CIES WHICH MAY REQUIRE PER- MITS. No person may, without first making application for (on forms provided from the City) and obtain- ing a permit, maintain, store, or handle materials or conduct, pro- cess, or install equipment when a Permit is required by the Minnesota State Fire Code for any such activ- ity. A fee, periodically determined by resolution of the City Council, must be paid for each permit in ac- cordance with the conditions set forth in the Minnesota State Fire Code. All permits may be issued for a period of up to 1 year, but may be renewed if the applicant meets the requirements of the Minnesota State Fire Code. The Office of Fire Marshal may revoke a permit or ap- proval issued if any violation of the Code is found upon inspection, or if there has been any false statement or misrepresentation as to a mate- rial fact in the application or Plans on which the permit or approval was granted. The City Manager, building of- ficial. fire inspector, and the chief of the fire department, and other City officials as designated by the City Manager shall act as a com- mittee to determine and specify, after giving affected Persons an opportunity to be heard, any new materials. processes or occupan- cies. that shall require Permits, in addition to those now enumerated in this Chapter. The fire chief shall post such list in a conspicuous place, upon approval or denial by the committee, and distribute cop- ies thereof to interested persons. a.Appeal: Whenever the com- mittee shall disapprove an applica- tion or refuse to grant the permit applied for, or when it is claimed that the provisions of the Interna- tional Fire Code do not apply, or that the true intent and meaning of the Code has been misconstrued or wrongly interpreted, the appli- cant may appeal from the decision of the committee to the Adminis- trative Hearing Officer, within thirty (30) days of the date of the deci- b.Permit Fees: The fees for any permit required by this ordinance and for each annual renewal there- of, shall be established by resolu- tion by the City Council of Brooklyn Center, All permits, unless other- wise noted, shall expire one year from the date of issuance. Section 5-203, FIRE ALARM SYSTEMS AND SMOKE DETEC- TORS: a.Installation, inspection and maintenance of the fire alarm sys- tem or alarm device shall comply with standards in Minnesota State Fire and Building Codes, and man- ufacturer specifications, b.Whoever shall render a smoke alarm or fire alarm system inoperable by removing the bat- tery. disconnecting, dismantling, or damaging the smoke alarm or fire alarm system in any residential rental, commercial or business unit is guilty of a misdemeanor. c. Special provisions for rental properties. Where battery-operat- ed smoke alarms are allowed by code, they shall meet the followi n g conditions: 1.Installation. Properly installed and maintained in compliance with Minnesota State Fire and Building Codes, and manufacturer specifi- cations. 2.Maintenance, Maintained in an operable and good condition. 3.Testing and Record. Be tested in accordance with manufacturer's recommendations and no less than once a month. The owner and/or owner's agent of a rental property is responsible for keeping records indicating compliance with test- ing and applicable codes. These records must be made available to the code official upon request, 4.Owner Responsibility. Prop- erty owners or their owner's agent must advise tenants to notify the owner/agent about faulty, defective or inoperable smoke alarms. 5. Tenant Responsibility. Ten- ants of each rental unit must give written notice to the owner or their agent within 24 hours of finding any non-functional smoke alarm. A copy of the written notice must be Provided to the City's rental inspec- tions department. Failure to notify an owner, the owner's agent or City is a petty misdemeanor. The owner or owner's agent must make any correction(s) necessary to maintain a smoke alarm(s) in compliance with applicable codes. Section 5-204. TAMPERING WITH FIRE ALARM SYSTEM AND ISSUING FALSE ALARMS. It shall be unlawful for any person to tam- per 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 emergen- cy condition exists. Section 5-205. MONITORING. All fire alarm and detection systems shall be monitored by an approved central station as defined in NFPA 72. A (UL) Underwriters Laborato- ries Certificate in accordance with the 1999 Edition of NFPA 72, Chap- ter 5, shall be issued bythe UL List- ed contractor for all newly installed fire alarm systems in commercial occupancies. This regulation shall apply to all fire alarm systems that are newly installed in commercial occupancies for which permits are required. Any existing fire alarm system in a commercial occupancy wherein the fire alarm control panel and alarm system components are to be replaced shall be considered newly installed for the purposes of this section. Also, any existing fire alarm system where four (4) or more faulty" false alarms (deter- mined to be from a system mal- function) occur in a one (1) month period shall be subiect to the same certification requirement as a new fire alarm system or replacement of an existing fire alarm system are required. Central station service in full compliance with the 1999 En- lion of NFPA 72, Chapter 5, shall be maintained at the Protected prop- erty, so long as the requirement for the fire alarm system exists. Exception. Supervisory service is not required for: A.Single and multiple-station smoke alarms required by lEG Sec- tion 907.2.10. B.Smoke detectors in IFC Group 1-3 occupancies. C. Automatic sprinkler systems in one and two-family dwellings. Section 5-206. OBSTRUCTION OF FIRE HYDRANTS. No person shall Park any vehicle in such away 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. Section 5-207. WATER OUT- LETS REQUIRED. On all com- mercial, industrial and other non- residential construction which is supplied with an adequate well there shall be provided a four inch outside water fitting with frost-free valve so located as to be easily accessible for connection to fire- fighting equipment near to an alley or road. It shall be so constructed that it can be easily oPerated from the outside at all times. Section 5-208. ORDERS ES- TABLISHING FIRE LANES. The bureau of fire prevention is hereby authorized to order the establish- ment of tire lanes on public or pri- vate property as may be necessary in order that the travel of fire equip- ment may not be interfered with, and that access to fire hydrants or buildings may not be blocked off, When a tire lane has been or- dered to be established, it shall be marked by a sign bearing the words "No Parking—Fire Lane" or a simi- lar message. When the fire lane is on a public property or a public right-of-way, the sign or signs shall be erected by the City, and when on private propeft they shall be erected by the owner at his or her own expense within 30 days after he or she has been notified of the order. Thereafter, no person shall leave a vehicle unattended or oth- erwise occupy or obstru ct the fire lane. Section 5-209. INSPECTIONS OF VENTILATION SYSTEMS. Cleaning, Any persons, firms, or corporations performing ventila- tion system cleaning in the City of Brooklyn Center shall, prior to ventilation system cleaning, at least five days in advance obtain a per- mit from the Bureau of Fire Preven- tion for each iob and pay a permit fee as established by resolution by the City Council of Brooklyn Center. Upon completion of each iob, said persons, companies, or corpora- tions shall notify the Bureau of Fire Prevention of the completion of the iob and prior to leaving the iob site. allow for inspection of work by a member of the Bureau of Fire Pre- vention. Section 5-210. PROHIBITED VEHICLES. It shall be illegal to park, store, or leave unattended on any street, highway, avenue, alley or parking lot 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 become disabled due to mechani- cal failure must be removed within three hours. Section 5-211. FIRES AND BARBECUES ON BALCONIES OR PATIOS. In any structure contain- ing 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 floor patio within fifteen (15) feet of the structure. a, Fuel Storage Prohibited: No person shall store or use any fuel, liquid or compressed gas, barbe- cue. torch, or other similar heating or lighting chemical or device in the locations designated in Section 5-211. b. Exception: Listed electric or gas-fired barbecue grills that are permanently mounted, wired, or plumbed to the building's gas sup- Ply or electrical system and that maintain a minimum clearance of 18 inches on all sides, unless list- ed for lesser clearances, may be installed on balconies and patios when approved by the fire chief. Section 5-212, OPEN BURN- ING. Except as authorized in this section, open burning of any mate- rial is prohibited. This prohibition does not apply to burning con- ducted by governmental authorities who have secured permission from the fire chief or to outdoor cooking using only propane or charcoal. Outdoor recreational or cooking fires may be permitted subject to the following requirements: a.All fires must be in an ap- proved outdoor fireplace or a pit which is at least one (1) foot be- low grade. A pit must be located at least twenty-five (251 feet from buildings, fences, property lines or flammable materials. Pits may be no more than three ff1 feet in di- ameter, and the outside edge shall be ringed with brick or rock. Com- mercially manufactured outdoor fire pits may be used provided they are not more than three (3) feet in di- ameter. b.Only clean dry wood may be burned. No leaves, trash, treated or painted wood, or any other ma- terials may be burned. All burning material must be contained in the pit at all times. c. 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 within four (4) feet of the fire. d. The fire shall be attended by an adult at all times and must be extinguished when unattended, An adequate source of water must be available at the pit for extinguishing the fire. a. Prevailing wind conditions shall be less than 10 miles per hour and shall not direct smoke toward other nearby residences. f.Outdoor recreational fires are permitted between the hours of 8:00 am, and midnight. All fires must be completely extinguished by midnight. g.No recreational fire shall be permitted when the City or Min- nesota Department of Natural Re- sources has officially declared a "burning ban" due to potential fire conditions, or when the Minnesota Pollution Control Agency has de- clared an air quality alert. h. The fire chief is authorized to require that recreational fires be immediately extinguished if it is determined by law enforcement or the fire department that the fire constitutes a dangerous condi- tion, or causes undue hardship on neighboring residences. Failure to comply with any provision of this Chapter or with an order of law en- forcement or the fire department is a violation of this section and sub- leo! top fine. Section 5-213. INCIDENT CON- TROL COSTS. Every person. firm. or corporation that is not a resident of—the City or the owner of real property in the City subiect to real preperty taxes, shall be liable for all incidents or preventing the spread. or extinguishing any fire caused by orlesulting from his, her, or its acts, negligence, or omissions. The fire chief shall keep a record of the cost, including work done by fire- lighters and other City employees and equipment. The fire chief shall then bill the oerson, firm, or corpo- ration liable for the fire. No license of any 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. Section 5-214. PENALTIES. Any_person violating any provision of this ordinance shall, upon con- viction, be punished by a fine not exceeding one thousand dollars ($1,000) or imprisonment not ex- ceeding ninety (90) days or both. together with the costs of prosecu- tion. The hazardous condition that invoked the penalty shall be rem- edied within a reasonable specified time: failure to do so shall consti- tute a separate offense, ESTABLISHING FIRE PREVEN- TION PROVISIONS IN INDUS- TRIAL, COMMERCIAL, AND RESI- DENTIAL DISTRICTS Section 5-300, FIRE PREVEN- TION POLICY STATEMENT. It is declared to be the policy of the City of Brooklyn Center to vigor- ously promote the safety and wel- fare of its citizens. In this context, the traditional approach to fire service—suppressing fires once ignited, rescuing survivors, and too freguently exposing firefighters to_physical danger and death, all at a disproportionately high com- munity investment of resources in manpower and equipment—is declared unacceptable for Brook- lyn Center, Rather, it is the fire safety policy of the City of Brook- lyg_Center to efficiently utilize its resources and maximize life, safety, and citizen welfare by requiring that fire prevention and extinguishing systems be built into certain new structures. Thus, the effectiveness of the Brooklyn Center fire depart- ment is enhanced and extended at a lower cost to the citizenry, life safety is allocated a priority at least as great as property protection, and the owner cost of built-in fire protection is partially or wholly re- paid in savings on initial construc- tion costs and annual fire insurance Premiums. Section 5-301. FIRE EXTIN- GUISHING SYSTEMS REQUIRED. egy_storv, basement, or cellar in ffygy building hereafter erected in the I-i (Industrial Park), 1-2 (General Industry), Cl (Service Office). CiA (Service/Office), and C2 (Com- merce) zoning districts shall have installed and be equipped with an automatic fire extinguishing system which system shall comply with provisions of the Sprinkler Stan- ghrd,JJFPA 13. Every story, base- ment, or cellar in every building exceeding three stories in height hereafter erected in any residential (Ri through R7) district shall have installed and be equipped with an automatic fire extinguishing system which system shall comply with provisions of the Sprinkler Stan- dard, NFPA 13. The fire extinguish- ing system shall be connected to a central station system approved and listed by Underwriters Labora- tories. Inc. and shall remain so con- nected and maintained during the life of the building. Exception: Buildings haying a gross floor area less than 2,000 square feet shall not be required to be the same as set out in Section 35-240 of the ordinances of the City of Brooklyn Center. The board of adiustments and appeals may recommend and the City Council may grant variances from the literal provisions of this ordinance in instances where their strict enforcement would cause undue hardship because of circum- stances unique and distinctive to the specific property or use under consideration. The provisions of this ordinance, considered in con- Iunction with the unigue and dis- tinctive circumstances related to the property or uses thereof must be the proximate cause of the hard- ship: circumstances caused by the Property owner or the applicant or a predecessor in title shall not constitute sufficient iustification to grant a variance. A variance may be granted by the City Council after demonstration by evidence that all of the following gualifications are met: 1.A particular hardship to the owner would result if the strict letter of the regulations were carried out. 2.The conditions upon which the application for a variance is based are unigue to the parcel of land or the use thereof for which the variance is sought and are not common, generally, to other prop- erty or uses thereof within the same zoning classification. 3. The granting of the variance will not be detrimental to the public welfare or iniurious to other prop- erty or improvements in the neigh- borhood. Section 5-303. PENALlY. Any person violating the provisions of this ordinance shall, upon con- viction, be punished by a fine not exceeding one thousand dollars ($1,000) or imprisonment not ex- ceeding ninety (90) days or both, together with the costs of prosecu- tion. Section 3. Effective Date. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day 2016. Mayor ATTEST: City Clerk Published in the Brooklyn Center Sun Post May 5, 2016 542194