The following amendments are made to the 2018 International Property Maintenance Code:
(A) Section 101.1 Title: These regulations shall be known as the Property Maintenance Code of the City of Mounds View, hereinafter referred to as “this Code”.
(B) Section 101.2 Legislative Findings: The City Council finds that the existence of dwellings which are substandard in one or more important features of structure, equipment, maintenance or occupancy adversely affect public health and safety and lead to the continuation, extension and aggravation of urban blight. Adequate protection of public health, safety and welfare therefor requires the establishment and enforcement of minimum housing standards.
(C) Section 101.3 Intent and Purpose: Every portion of a building or premises used or intended to be used for residential purposes shall comply with the provisions of this code, irrespective of when such building was constructed. The purpose of this code is to protect the public health, safety and welfare. The code:
(1) Establishes minimum standards for basic equipment and facilities; for light, ventilation and heating; for safety from fire; for space, use and location; for safe and sanitary maintenance of all dwellings;
(2) Determines the responsibilities of owners, operators and occupants of dwellings;
(3) Provides, as an incident to the primary regulation, for registering the operation of certain dwellings; and
(4) Provides for administration and enforcement.
(D) Section 102.3 Application of Other Codes: Repairs, additions or alterations to a structure, or changes of occupancy shall be done in accordance with the procedures and provisions of the state’s Building Code (MSBC), as amended, as adopted by the city. Nothing in this code shall be construed to cancel, modify or set aside any provision of the MSBC or the city’s Zoning Code.
(E) Section 102.7 Referenced Codes and Standards: The codes and standards referenced in this code shall be those listed in Ch. 8, and shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the MSBC, the most restrictive shall apply.
(F) Section 103.1 General: The Community Development Department of the city is responsible for administering the provisions of this code, and the official in charge thereof shall be known as the Code Official.
(G) Section 103.2 Appointment: Not adopted.
(H) Section 103.5 Fees: Not adopted.
(I) Section 106.3 Violation and Penalties: Any violation of any provision of this code shall constitute a misdemeanor. Each day the structure is in violation of this code shall be deemed a separate offense. In addition to the punishment specified in this section, the city may enforce this code by an appropriate form of civil action and may enjoin violation of this code and compel obedience thereto by mandatory orders and writs and cause the abatement of everything existing in violation thereof and cause the premises to be vacated, if occupied in violation thereof, and to remain vacant until the court shall find that the violation has ceased, and for these purposes, any court of competent jurisdiction may render, enter, make and issue any and every appropriate judgment, decree, writ and order and cause the same to be executed.
(J) Section 106.3.1 Legal Authority: The acts, proceedings and authority of the code official shall be treated as prima facie, just and legal.
(K) Section 106.4: Not adopted.
(L) Section 106.5 Execution of Compliance Orders by Public Authority: Upon failure to comply with a compliance order within the time set therein (and no appeal having been taken), or upon failure to comply with a modified compliance order within the time set therein, the criminal penalty established hereunder notwithstanding, the City Council, after due notice to the owner, may by resolution cause the cited deficiency to be remedied as set forth in the compliance order. The cost of such remedy is a lien against the subject real estate. Such a lien may be levied and collected as a special assessment in the manner provided by M.S. Ch. 429, as it may be amended from time to time. It may be levied for any of the reasons set forth in M.S. § 429.101, subd. 1, as it may be amended from time to time, and specifically for the removal or elimination of public health or safety hazards from private property. It is the intent of this section to authorize the city to utilize all of the provisions of M.S. § 429.101, as it may be amended from time to time, to promote the public health, safety and general welfare.
(M) Section 108.4 Placarding: Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official may post on the premises or on defective equipment a placard and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.
(N) Section 109.2 Summary Abatement: Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official may order the necessary corrective actions to be completed without following the procedures required in § 107. A good faith effort shall be made to inform the owner, the owner’s agent or the occupant that the action is being taken.
(O) Section 109.2.1 Notice of Summary Abatement: After the corrective action has been taken the costs of such action have been determined, the code official shall serve the owner, the owner’s agent or the occupant with a notice of the action, which shall contain a description of the emergency circumstances; the corrective action taken by the city; the cost incurred in correcting the emergency; the city’s intent to assess some or all of the costs against the corrected property; and a statement that the owner, the owner’s agent or the occupant may request a hearing with the City Council to review the code official’s actions and the possible assessment of costs. The request for hearing shall be in writing and submitted to the City Administrator within ten working days of the date of the notice.
(P) Section 109.5 Costs of Summary Abatement: The cost of the corrective actions associated with the summary abatement is a lien against the subject real estate. Such a lien may be levied and collected as a special assessment in the manner provided by M.S. Ch. 429, as it may be amended from time to time. It may be levied for any of the reasons set forth in M.S. § 429.101, subd. 1, as it may be amended from time to time, and specifically for the removal or elimination of public health or safety hazards from private property. It is the intent of this section to authorize the city to utilize all of the provisions of M.S. § 429.101, as it may be amended from time to time, to promote the public health, safety and general welfare.
(Q) Section 109.6 Hearing: Not adopted.
(R) Section 111: Not adopted.
(S) Section 201.3 Terms Defined in Other Codes: Where terms are not defined in this Code and are defined in the MSBC and the city’s Zoning Code, such terms shall have the meanings ascribed to them in those codes.
(T) Section 202 General Definitions:
(1) Code Official: The official charged with the administration and enforcement of this code, or any duly authorized representative. For the purpose of administration and enforcement of this code, the Housing Inspector, Building Official or an authorized representative shall be the code official.
(2) Imminent Danger: A condition which could cause serious or life-threatening injury or death. Including but not limited to; heating systems that have damaged heat exchangers; rusted or plugged flues; inadequate venting; lack of temperature or pressure relief valves. Electrical systems that have damaged or deteriorated equipment; utilize the improper use of extension cords. Plumbing systems that are unsanitary due to leaking waste systems; cross connection of potable water supply; lack of adequate water supply. Walls, ceilings, roofs, foundations and floor systems that will not safely carry imposed loads. Refuse, garbage, human waste, dead vermin or other animals, animal waste or other materials causing unsanitary conditions. Infestation of rats, insects or other vermin.
(U) Section 302.4 Weeds: Not adopted.
(V) Section 303.2: Replace second sentence with the following: In accordance with the MSBC, gates required to be self-closing and self-latching shall be maintained such that, when released, they will positively close and latch.
(W) Section 302.8 Motor Vehicles: Not adopted.
(X) Section 302.9 Defacement of Property: Not adopted.
(Y) Section 304.2 Protective Treatment: Third sentence amended to read as follows, “Peeling, flaking, deteriorated or chipped paint that exceeds more than 20% of the area of any plane or wall or other area shall be eliminated and surfaces repainted.”
(Z) Section 304.14 Insect Screens: During the period from May 15 to October 15, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch. Every swinging door shall also have a self-closing device in good working condition.
(AA) Section 304.18.1 Doors: Second sentence amended to read, “Such deadbolt locks shall be operated only by the turning of a knob and shall have a lock throw of not less than three-fourths of an inch.”
(BB) Section 308.2.2 Refrigerators: Not adopted.
(CC) Section 403.4 Process Ventilation: In accordance with the MSBC and the state’s Fire Code (MSFC), where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at its source. Air shall be exhausted to the exterior and not be recirculated to any space.
(DD) Section 403.5 Clothes Dryer Exhaust: Clothes dryer exhaust systems shall be independent of all other systems, and shall be exhausted in accordance with the manufacturer’s instructions and the state’s Mechanical Code (MSMC).
(EE) Section 502.3 Hotels: Not adopted.
(FF) Section 502.4 Employees’ Facilities: Not adopted.
(GG) Section 502.4.1 Drinking Facilities. Not adopted.
(HH) Section 505.4 Water Heating Facilities: Amend first sentence to read, “Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 120°F. and not more than 130°F.”
(II) Section 602.2 Residential Occupancies: Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F, measured at three feet above the floor and three feet from exterior walls and windows, in all habitable rooms, bathrooms and water closets. This is based on the winter outdoor design temperature for the locality indicated in the state’s Energy Code (MSEC). Cooking appliances shall not be used to provide space heating to meet the requirements of this section.
(JJ) Section 602.3 Heat Supply: During the period from September 15 to May 15, every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a temperature of not less than 68°F, in all habitable rooms, bathrooms and toilet rooms. Exception: When the outdoor temperature is below the winter outdoor design temperature for the locality, -12°F, maintenance of the minimum room temperature shall not be required, provided that the heating system is operating at its full design capacity.
(KK) Section 602.4 Occupiable Work Spaces: When occupied during the period from September 15 to May 15, indoor occupiable work spaces shall be supplied with heat to maintain a temperature of not less than 68°F. Exception: When the outdoor temperature is below the winter outdoor design temperature for the locality, -12°F, maintenance of the minimum room temperature shall not be required; provided that, the heating system is operating at its full design capacity.
(LL) Section 603.5 Combustion Air: In accordance with the state’s Mechanical Code (MSMC), a supply of air shall be provided for complete fuel combustion and for ventilation of the space containing the fuel-burning equipment.
(MM) Section 604.1 Facilities Required: Every occupied building shall be provided with an electrical system in compliance with the requirements of this section, § 605 and the National Electrical Code (NEC) as adopted by the MSBC.
(NN) Section 604.2 Service: In accordance with the NEC, the size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities. At a minimum, dwelling units shall be served by a three-wire, 120/240-volt, single-phase electrical service with a rating of not less than 60 amperes.
(OO) Section 605.2: Add the following exception: Exception: One permanently installed ceiling light fixture may be provided in lieu of one required receptacle outlet.
(PP) Section 701 Scope: Under the provisions of this chapter, the MSFC shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided.
(QQ) Section 702.2 Aisles: In accordance with the MSFC, the required width of aisles shall be unobstructed.
(RR) Section 702.3 Locked Doors: All means of egress doors shall be readily capable of being opened from the side from which egress is to be made, without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the MSBC.
(SS) Section 702.4 Emergency Escape Openings: Required emergency escape and rescue openings shall be operational from the inside of the room, without the use of keys or tools. Bars, grilles, grates or similar devices are not permitted to be placed over emergency escape and rescue openings. Emergency escape openings must provide a minimum net clear opening size that complies with the MSBC.
(TT) Section 704.2 Smoke Alarms:
(1) Single or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4 at all of the following locations.
(a) On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms;
(b) In each room used for sleeping purposes; and
(c) In each story within a dwelling unit, including basements and cellars but not including crawl spaces and uninhabitable attics.
(2) Exception: Dwelling units in existence at the adoption of this code shall meet smoke alarm location requirement under division (TT)(1)(b) above prior to 01-01-2006.
(UU) Section 800 General References: Whenever this code refers to the International Codes, such references shall be deemed to be to the comparable applicable code as adopted by the state. Whenever this code refers to the International Zoning Code, such references shall be deemed to be the city’s Zoning Code.
(Prior Code, § 1005.02) (Ord. 844, passed 05-20-2010)