HomeMy WebLinkAbout2019-10 FINAL1
CITY OF BROOKLYN CENTER
ORDINANCE NO. 2019-10 AN ORDINANCE AMENDING CHAPTER 12 REGARDING PROPERTY MAINTENANCE TO ADOPT THE INTERNATIONAL PROPERTY MAINTENANCE CODE
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article I. Building Maintenance. Sections 12-201 through 12-805 are hereby deleted in their
entirety and are replaced with the following:
Section 12-201. DEFINITIONS. The following definitions shall apply in the interpretation and enforcement of this Chapter where not otherwise defined within a Section:
1. Approved – acceptable to the jurisdiction having authority and meeting all applicable Codes. 2. Accessory Structure – a structure subordinate to the main or principal building
that is not used nor authorized to be used for living or sleeping by human occupants and that is located on or partially on the premises. 3. Affordable Housing Building - a multifamily rental dwelling, as defined in Section 12-201(26), having three or more dwelling units and where any of the
units rent for an amount that is affordable to households at or below 80% of area median income, as median income is most recently determined by the United States Department of Housing and Urban Development for the Minneapolis-St. Paul-Bloomington, Minnesota-Wisconsin Metropolitan Statistical Area, as adjusted for household size and number of bedrooms.
4. Affordable Housing Unit – a rental unit in an affordable housing building that rents for an amount that is affordable to households at or below 80% of area median income, as median income is most recently determined by the United States Department of Housing and Urban Development for the Minneapolis-St.
Paul-Bloomington, Minnesota-Wisconsin Metropolitan Statistical Area, as adjusted for household size and number of bedrooms. 5. Building – any structure used or intended for supporting or sheltering any use
or occupancy.
6. Child – any person under the age of eighteen (18).
7. Child Care Facility – a facility licensed by the Minnesota Department of Human Services to provide child care for six or more children at one time. This term also includes, but is not limited to, facilities having programs for children
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known as nursery schools, day nurseries, child care centers, play groups, day
care centers, cooperative day care centers and Head Start programs.
8. Cause – the tenant or a member of the tenant’s household violates a provision of the City’s rental housing provisions including, but not limited to, Section 12-915 Crime Free/Drug Free Housing Lease Addendum, or materially violates a
term of the lease related to one or more of the following:
a. Nonpayment of rent; b. Malicious destruction of the affordable housing unit or the affordable
housing building;
c. Disturbance of the peace verified by the police department; or
d. A violation of any of the covenants in Minnesota Statutes, section 504B.171.
9. Compliance Official – the City Manager and the Manager’s designated agents authorized to administer and enforce this Chapter.
10. Designated Predatory Offender – any person who has been categorized as a Level III predatory offender under Minnesota Statutes, Section 244.052, a successor statute, or a similar statute from another state in which that person’s risk assessment indicates a high risk of re-offense.
11. Disorderly Activities – any activities listed in Section 12-911. 12. Dwelling – a building, or portion thereof, designed or used predominantly for residential occupancy of a continued nature, including one-family dwellings, two- family dwellings, and multiple family dwellings; but not including hotels
and motels. 13. Dwelling Unit – a single residential accommodation that is arranged, designed, used or, if vacant, intended for use exclusively as a domicile for one family. Where a private garage is structurally attached, it shall be considered as part of
the building in which the dwelling unit is located. 14. Family – any of the following definitions shall apply:
– Persons related by blood, marriage, or adoption, together with their domestic servants or gratuitous guests, maintaining a common household in a dwelling unit; –Group or foster care of not more than six (6) wards or clients by an authorized person or persons, related by blood, marriage, or adoption, together with their
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domestic servants or gratuitous guests, all maintaining a common household in
a dwelling unit approved and certified by the appropriate public agency;
–A group of not more than five (5) persons not related by blood, marriage or adoption maintaining a common household in a dwelling unit.
15. Garbage – putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking, and consumption of food. 16. Lease – an oral or written agreement creating a tenancy in real property.
17. Material Change – a change in the terms of a lease, either through an
amendment of an existing lease or the adoption of a new lease, that significantly limits or restricts the tenants use and enjoyment of an affordable housing unit or the affordable housing building.
18. Multiple Family Dwelling – a dwelling or portion thereof containing three or
more dwelling units. 19. Nonresidential Building – all buildings or structures other than dwellings or dwelling units.
20. Occupant – any person (including owner or operator) occupying any structure, building or part thereof, dwelling, dwelling unit, rooming unit, or premise. 21. Operator – the owner or agent who has charge, care, control, or management of
a building or part thereof.
22. Owner – a person, agent, firm, or corporation having a legal or equitable interest in the property. In any corporation or partnership, the term owner includes general partners and corporate officers.
23. Permanent Residence – a place where a person abides, lodges, or resides for 14 or more consecutive days. 24. Person – an individual, firm, partnership, association, corporation or joint
venture or organization of any kind.
25. Plumbing – all of the following supplied facilities and equipment in a building: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clothes washing machines, catch basins,
drains, vents, and any other similar fixtures and the installation thereof, together with all connections to water, sewer and gas lines.
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26. Premises – a platted lot or part thereof or unplatted parcel of land, either
unoccupied or occupied by any structure thereon.
27. Public Playground – an area designated primarily for children’s play including a school building playground, a child care building playground, a play area of a public park, or an area that contains permanent play equipment.
28. Refuse – all putrescible and nonputrescible waste solids including garbage and rubbish. 29. Reinspection – a follow-up inspection that is a) conducted to determine if a
Code violation has been corrected; b) needed because a licensee, owner, or
other responsible party fails to attend a scheduled inspection; c) needed because a scheduled inspection does not occur or is prevented due to any act of a licensee, owner, or responsible party; or d) any inspection other than the initial inspection for a license application where one or more violations are found.
30. Relocation Assistance – a payment to the tenant of an affordable housing unit in the amount equal to three months of the current monthly lease rent. 31. Repair – to restore to a sound and acceptable state of operation, serviceability
or appearance.
32. Rental Dwelling – the term “rental dwelling” means any occupied dwelling or dwelling unit that is not occupied by the owner of record regardless of compensation. The term includes any dwelling or dwelling unit occupied by a
relative of the owner.
33. Rubbish – nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, grass and shrubbery clippings, wood, glass, brick, plaster, bedding, crockery and similar materials.
34. Safety – the condition of being reasonably free from danger and hazards that may cause accidents or disease. 35. School – any public or nonpublic elementary school, middle school, or
secondary school as those terms are defined in Minnesota Statutes, Section
120A.05. 36. Single Family Attached – includes a townhome, rowhouse, duplex, or similar dwelling unit.
37. Structure – that is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
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38. Supplied – paid for, furnished by, provided by or under the control of the
owner, operator, or agent of a building.
39. Temporary Residence – a place where a person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person’s permanent address, or a place where the person routinely
abides, lodges, or resides for a period of four or more consecutive or non-
consecutive days in any month and which is not the person’s permanent residence. 40. Tenant – any person occupying any dwelling or having possession of a space
within a dwelling who has the legal right to occupy the dwelling unit, where a
legal owner does not reside. 41. Tenant Protection Period – the period that commences on the date when a written notice of the transfer of ownership is sent to each affordable housing
unit tenant pursuant to Section 12-912D(2) and ends on the last day of the third
full calendar month following the date on which the notice was sent. In no case shall the tenant protection period be less than 90 days. 42. Transfer of Ownership – any transfer of ownership of an affordable housing
building by an owner to another person, agent, firm, or corporation that
becomes the new owner. 43. Meaning of Certain Words – whenever the words "dwelling", "dwelling unit", "premises", "building", or "structure" are used in this Chapter, they shall be
construed as though they were followed by the words "or any part thereof".
Section 12-301. PROPERTY MAINTENANCE CODE. International Property Maintenance Code, 2018 edition, as published by the International Code Council is hereby adopted as the Property Maintenance Code of the City of Brooklyn Center in the State of
Minnesota for regulating and governing the conditions and maintenance of all property,
buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary, and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the
issuance of permits and collection of fees therefore; and each and all of the regulations,
provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the City of Brooklyn Center are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions, and changes, if any, prescribed in Section 12-302 of this Chapter. For the purposes of administering and enforcing
the provisions of the Property Maintenance Code of the City of Brooklyn Center, the definitions
contained in the International Property Maintenance Code, 2018 edition shall be controlling over the definitions contained in this Chapter, except to the extent a definition within the International Property Maintenance Code is expressly not adopted.
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Section 12-302. INTERNATIONAL PROPERTY MAINTENANCE CODE. The
following sections are hereby amended as follows:
Section 101.1 – Insert City of Brooklyn Center Section 102.3 – Delete International Building Code and replace with Minnesota
Residential Code, MN Building Code, MN Energy Code, MN Mechanical and Fuel Gas
Code, MN Plumbing Code, MN Fire Code, and any other codes adopted by the State of Minnesota. Section 102.7 – Not adopted
Section 103.5 – Not adopted Section 107.6 – Not adopted
Section 109.6 – Not adopted
Section 111.1 – Delete 20 days and change to 10 days Section 111.2 to 111.2.5 – Not adopted
Section 111.3 – Delete 20 days and change to 30 days Section 112.4 – Insert $1,000.00
Section 201.3 – Delete International Building Code, International Existing Building
Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Plumbing Code, International Residential Code, International Zoning Code and replace with Minnesota Residential Code, MN Building Code, MN Energy Code, MN Mechanical and Fuel Gas Code, MN Plumbing Code, MN Fire Code, and any
other codes adopted by the State of Minnesota.
Section 202 – The definitions for the following terms are not adopted: Garbage
Inoperable motor vehicle Rubbish
Section 302.4 – Not adopted
Section 302.5 – Add “and licensed contractor” Section 302.8 – Not adopted
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Section 304.1.1 – Delete International Building Code or the International Existing
Building Code and replace with Minnesota Residential Code, MN Building Code, MN Energy Code, MN Mechanical and Fuel Gas Code, MN Plumbing Code, MN Fire Code, and any other codes adopted by the State of Minnesota.
302.15 – Remove the word “exterior”
Section 304.14 – Insert May 1 to October 31 Section 305.1.1 – Delete International Building Code or the International Existing
Building Code and replace with Minnesota Residential Code, MN Building Code, MN
Energy Code, MN Mechanical and Fuel Gas Code, MN Plumbing Code, MN Fire Code, and any other codes adopted by the State of Minnesota. Section 306.1.1 – Delete International Building Code or the International Existing
Building Code and replace with Minnesota Residential Code, MN Building Code, MN
Energy Code, MN Mechanical and Fuel Gas Code, MN Plumbing Code, MN Fire Code, and any other codes adopted by the State of Minnesota. Section 309.1 – Add “and licensed contractor”
Section 309.2 – Add “or during Occupancy” Section 309.3 – Not adopted
Section 309.4 – Not adopted
Section 309.5 – Delete the exception clause Section 401.3 – Delete International Building Code and replace with Minnesota
Residential Code, MN Building Code, MN Energy Code, MN Mechanical and Fuel Gas
Code, MN Plumbing Code, MN Fire Code, and any other codes adopted by the State of Minnesota. Section 402.2 – Add “or equivalent”
Section 403.3, Exceptions 2 – Add “and the similar appliances” Section 403.5 – Add “and meet Minnesota Residential Code, MN Building Code, MN Energy Code, MN Mechanical and Fuel Gas Code, MN Plumbing Code, MN Fire Code,
and any other codes adopted by the State of Minnesota”
Section 404.2 – Delete 3 feet (914 mm) and insert 30 inches (762 mm)
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Section 505.1 – Delete International Plumbing Code and replace with Minnesota
Residential Code, MN Building Code, MN Energy Code, MN Mechanical and Fuel Gas
Code, MN Plumbing Code, MN Fire Code, and any other codes adopted by the State of Minnesota. Section 506.1 – Delete “either” and delete “or to an approved private sewage disposal
system”
Section 602.2 – Delete International Plumbing Code and replace with Minnesota Residential Code, MN Building Code, MN Energy Code, MN Mechanical and Fuel Gas Code, MN Plumbing Code, MN Fire Code, and any other codes adopted by the State of
Minnesota.
Section 602.3 – Insert September 1 to May 31 Section 602.4 – Not adopted
Section 604.3.1.1 – Delete International Building Code and replace with Minnesota Residential Code, MN Building Code, MN Energy Code, MN Mechanical and Fuel Gas Code, MN Plumbing Code, MN Fire Code, and any other codes adopted by the State of Minnesota.
Section 604.3.2.1 – Delete International Building Code and replace with Minnesota Residential Code, MN Building Code, MN Energy Code, MN Mechanical and Fuel Gas Code, MN Plumbing Code, MN Fire Code, and any other codes adopted by the State of Minnesota.
Section 606.1 – Delete ASME A17.1 and replace with Minnesota Residential Code, MN Building Code, MN Energy Code, MN Mechanical and Fuel Gas Code, MN Plumbing Code, MN Fire Code, and any other codes adopted by the State of Minnesota.
Section 702.1 – Delete International Fire Code and replace with Minnesota Fire Code.
Section 7.2.2 – Delete International Fire Code and replace with Minnesota Fire Code. Section 703.2 – Delete International Fire Code and replace with Minnesota Fire Code.
Section 703.7 – Delete International Fire Code and replace with Minnesota Fire Code. Section 704.1 – Delete International Fire Code and replace with Minnesota Fire Code.
Section 704.1.2 – Delete International Fire Code and replace with Minnesota Fire Code.
Section 704.1.3 – Delete International Fire Code and replace with Minnesota Fire Code. Section 704.3 – Delete International Fire Code and replace with Minnesota Fire Code.
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Section 704.3.1 – Delete International Fire Code and replace with Minnesota Fire Code.
Section 704.4.2 – Not adopted Section 704.4.3 – Delete International Fire Code and replace with Minnesota Fire Code.
Section 704.5.1 – Exception Clause delete Section 912.45 and replace with Section 912; Delete International Fire Code and replace with Minnesota Fire Code. 704.6.1.4 – Not adopted
Section 704.6.4, Subsection 1 – Delete International Fire Code and replace with Minnesota Fire Code Section 704.6.4, Subsection 2 – Delete International Fire Code and replace with
Minnesota Fire Code
Section 705.1 – Delete Section 1103.9 and replace with Minnesota Statues, sections 299F.50 and 299F.51; Delete International Fire Code and replace with Minnesota Fire Code
Section 12-303. REMOVAL OF SNOW AND ICE. Every occupant and owner of a dwelling containing a single dwelling unit, and the owner of a multiple family dwelling or a nonresidential building shall be responsible for the removal of snow and ice from parking lots, driveways, steps, and walkways on the premises. Individual snowfalls of three inches
or more, or successive snowfalls accumulating to a depth of three inches, shall be removed
from parking lots and driveways within 24 hours after cessation of the snowfall. Individual snowfalls of one inch or more, or successive snowfalls accumulating to a depth of one inch, shall be removed from steps and walkways within eight hours after cessation of the snowfall.
Section 12-304. MAINTENANCE OF DRIVING AND PARKING AREAS. The owner of a building shall be responsible for providing and maintaining in good condition paved and delineated parking areas and driveways for tenants consistent with Chapter 35 of the City
Code of Ordinances. Section 12-305. FENCE MAINTENANCE. All fences shall consist of metal, wood, masonry, or other decay resistant material. Fences shall be maintained in good condition
both in appearance and in structure. Wood material, other than decay resistant varieties,
shall be protected against decay by use of paint or other preservatives. If the exterior surface is unpainted or determined by the Compliance Official to be paint blistered, the surface shall be painted. If the exterior surface of the pointing of any brick, block or stone wall is loose or has fallen out, the surface shall be repaired.
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Section 12-306. FACILITIES TO FUNCTION. Every supplied facility, piece of
equipment or utility required under the City Code of Ordinances and every chimney and
flue shall be installed and maintained and shall function effectively in a safe, sound, and working condition. Section 12-307. YARD COVER. Every yard of a premises on which a building
stands shall be provided with lawn or combined ground cover of vegetation, garden, hedges,
shrubbery, and related decorative materials and such yard shall be maintained consistent with prevailing community standards. Nonresidential sites shall be maintained in accordance with an approved City landscape plan and shall be supplied with an irrigation system.
Section 12-308. SCREENING. All outside trash disposal facilities, recycling containers, and outside or rooftop mechanical equipment shall be screened from view by an opaque fence or wall high enough to completely screen the equipment.
Article II. Effective Date. This ordinance shall become effective after adoption and upon thirty
days following its legal publication. Adopted this 14th day of October, 2019.
Mike Elliott Mayor ATTEST: Barbara Suciu City Clerk
Date of Publication: September 19, 2019 Effective Date: November 23, 2019