Loading...
HomeMy WebLinkAbout10/10/2007 AGENDA MAPLEWOOD HOUSING AND REDEVELOPMENT AUTHORITY WEDNESDAY, October 10, 2007 7:00 P.M. CITY HALL, CITY COUNCIL CHAMBERS 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes: September 12, 2007 5. Communications . Report on Code Enforcement (Michael Samuelson) 6. Unfinished Business . Proposed revised mission statement for the HRA . Continue Review and Discussion on the 2006 International Property Maintenance Code (IPMC) and Chapter 12 of City Code (Michael Samuelson) 7. New Business . Code Enforcement Program Budgets for 2007 and 2008 (Michael Samuelson) 8. Date of Next Meeting . November 14, 2007 9. Adjournment DRAFT MINUTES OF THE MAPLEWOOD HOUSING AND REDEVELOPMENT AUTHORITY 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA WEDNESDAY, SEPTEMBER 12, 2007 7:00 P.M. CITY HALL CITY COUNCIL CHAMBERS I. CALL TO ORDER Chairperson Pearson called the meeting to order at 7:00 p.m. II. ROLL CALL Commissioner Jeffrey James Chairperson Gary Pearson Commissioner Joy Tkachuck Vice-Chairperson Beth Ulrich Commissioner Rita Andreoli Absent Present Present Absent Present Staff Present: Dave Fisher, Building Official Michael Samuelson, Code Enforcement Officer III. APPROVAL OF AGENDA Officer Stephen Heinz's presentation was moved from new business to be presented under communications to accommodate his schedule. Commissioner Andreoli moved to approve the agenda. Commissioner Tkachuck seconded. Ayes - Pearson, Tkachuck, Andreoli The motion carried. IV. APPROVAL OF MINUTES Approval of the HRA minutes for August 8,2007. Commissioner Andreoli moved to approve the minutes. Commissioner Tkachuck seconded. Ayes - Pearson, Tkachuck, Andreoli The motion carried. V. COMMUNICATIONS . Police Officer Stephen Heinz - Crime-Free Multi-Housing Liaison Maplewood Police Officer Stephen Heinz addressed the commission. He is at the meeting to talk about the crime-free multi-housing coalition and how it affects the police department. Housing and Redevelopment Authority -2- Minutes of 09-12-07 This has been in place since 1980. The coalition is a group of apartment managers from Maplewood, Roseville, North Saint Paul and Oakdale that meet on a monthly basis. The coalition is run by the apartment managers. They get together to share information, to get additional training and other things that affect how they do their job. A key component that affects the police department is the crime-free lease addendum. This allows the eviction of a tenant if they are involved in drug-related activity or other types of crimes in their apartments or on the property. This coalition also ensures the apartment managers are using a Minnesota standard lease. Officer Heinz is hoping the City of Maplewood can develop some kind of program that will help identify all of the owners and what kinds of processes they are using to check the background of the tenants. Officer Heinz opened the topic for discussion. Chairperson Pearson asked what is the biggest problem the police department has encountered that would be aided by the registration process. Officer Heinz said the most beneficial aid would be when police are called to a property and have the information available on whether or not the people living on the property are the owners. This would also aid in contacting the owner if there is an emergency on the property. Chairperson Pearson asked if there are many properties where the owner is not concerned with who is renting the property. Officer Heinz said it is hard to quantify that circumstance. We do not know how many smaller operations of duplexes and home rentals there are in the city. Chairperson Pearson' asked if there is a requirement for how many units can be in a building before an onsite manager is required. Officer Heinz said there is no requirement, however, it is noted that there is an improvement in the property when there is an onsite live-in manager. Michael Samuelson, code enforcement officer, asked which communities Officer Heinz works with have a multi-housing rental registration. Officer Heinz stated that North Saint Paul has a licensing program, Roseville has a registration program, and he is not sure about the other communities. Chairperson Pearson asked for clarification on how the police department aids rental managers when there is suspicion of criminal activity by one of the renters. Officer Heinz stated they have quicker access to reports that deal with any of their units. Once they receive the report they can start the eviction process. The owners will also get a synopsis of all of the calls related to their properties from the previous month. The next meeting of the group is on September 19 at 10am at the North Saint Paul community center. They meet every 3' Wednesday of the month. For those who cannot make the meetings, monthly statistics can be picked up at the police station. The coalition is open to all owners and managers of multi-housing units. There is a minimal fee to be a member of the group based on the number of units. The board discussed ways of getting this information out to rental property owners. Housing and Redevelopment Authority -3- Minutes of 09-12-07 Commissioner Tkachuck asked for clarification on the amount of work that goes into this registration and/or licensing program, which department would run the program and what kind of upkeep is required. Mr. Fisher said it may take more time to implement this program than to maintain the program. It is hard to quantify the amount it will cost because it is not known how many rental properties are in the city. City staff has estimated it will take about an hour and forty-five minutes for each registration, which would equate to about a half to two-thirds of a staff person. It is not known if that can be absorbed with current staffing. The board discussed different ways of getting rental property registration. Officer Heinz stated that if the city can make it appealing for owners to register, then there might be more compliance. Commissioner Tkachuck asked if there is money in the budget for next year to set up this program. Mr. Fisher stated the budget has to stay the same as the previous year, so no. Commissioner Andreoli suggested that home insurance be required if there is an absentee landlord. Mr. Fisher stated thaf most property owners will already have insurance but it is possible to get that information when they register. Mr. Samuelson stated that would be something for the city attorney to look at. Officer Heinz stated the key to getting owners to register would be to highlight the benefits that would come with registration. Mr. Fisher asked what other communities have in terms of fees. Officer Heinz stated he is not sure. The discussion was ended as the commission had no more questions. . Verbal Report on Code Enforcement (Michael Samuelson> Mr. Samuelson addressed the commission. Mr. Samuelson went over a specific property that had a large abatement made back in August. Commissioner Tkachuck asked what prevents the renters from repeating the violation. Mr. Samuelson stated that the property is flagged and the police will be watching the property as well. Now that the property is known to city staff, it will be caught earlier before it gets that bad. Commissioner Tkachuck asked how the bill will be paid if the owner cannot be contacted. Housing and Redevelopment Authority -4- Minutes of 09-12-07 Mr. Samuelson stated the owner will be billed, and if the bill is unpaid, then the amount will be assessed to the property through the property taxes. Chairperson Pearson asked if the code enforcement progress reports would be going on the internet. Mr. Samuelson stated the HRA packets are available online that give some information but the reports are not specifically added online, but the reports can be put onto the website. VI. UNFINISHED BUSINESS . Proposed revised mission statement for the HRA The revised draft mission statement is listed in the memo from Tom Ekstrand. Chairperson Pearson said that it should also read something about retaining the diversity of housing. Mr. Samuelson suggested that the sentence on line 4 should read, "...develop, improve and retain the diversity of housing stock in Maplewood..." Mr. Samuelson asked if the commission wanted anything in the mission statement that said the HRA also makes budgetary recommendations to the city council. Commissioner Tkachuck motioned to table this discussion until the next meeting. Commissioner Andreoli seconded the motion. Ayes - Tkachuck, Pearson, Andreoli The motion was carried. VII. NEW BUSINESS . Review and discussion about the 2006 IPMC and Chapter 12 of City Code Mr. Samuelson addressed the commission. He went over the two documents, the 2006 International Property Maintenance Code (IPMC) and Chapter 12 of the City Code. Mr. Samuelson went over the similarities and differences between the two documents and the staff recommended changes. After going over Chapter 1 of the 2006 I PMC, Mr. Samuelson asked for questions. There were no questions, so Mr. Samuelson then went over Chapter 2 of the 2006 IPMC. Chairperson Pearson asked about definitions that are in the Maplewood code but are not in the IPMC. Mr. Samuelson went over the definition additions he recommends for the adoption of the I PMC. Housing and Redevelopment Authority -5- Minutes of 09-12-07 Mr. Fisher recommends the city put as many definitions as possible into the city code. The commission discussed the definition of "sound condition". Mr. Samuelson went over Chapter 3 of the 2006 IPMC. After going over Chapter 3, Mr. Samuelson recommended the commission cover the last 3 chapters of the 2006 IPMC at the next meeting. Commissioner Andreoli asked about the proof processes and injury to human health and property. Mr. Fisher said in that situation the city would try to get them to hire a licensed pest control agency. Mr. Samuelson then went over the 2007 budget for the code enforcement department. Next month's meeting will have a budget estimate for 2008 that the city manager would be recommending for code enforcement. City staff and the commission discussed the possibility of a code enforcement intern position in the budget. VIII. DATE OF NEXT MEETING Date of next HRA meeting is scheduled for October 10, 2007. IX. ADJOURNMENT The meeting was adjourned at 9:28 p.m. MEMORANDUM TO: FROM: SUBJECT: DATE: Greg Copeland, City Manager; Dave Fisher Building Official Michael Samuelson, Code Enforcement Officer Code Enforcement Activity Report - August 2007 October 3, 2007 INTRODUCTION The City of Maplewood in its 2007 budget approved for the first time a full time position for a Code Enforcement Officer. These services were delivered to the community by city staff on a part time basis before this change. I began working in this position for the Inspections, Planning and Building Operations Department on Monday, April 2, 2007. The following is an overview of the basic code enforcment numbers related to the work being done in this postion. DISCUSSION Below is a summary of my day-to-day duties here as your Code Enforcement Officer. The time frame for this reporting period is from August 1 - 30, 2007 and year-to-date performance numbers have also been provided. Please note some of this information is an approximation of the numbers of cases and violations I have responded to and observed during the past four months. As we currently lack a true code enforcement database system, the precise tracking of my work is still not possible at this time. August 2007 2007 YTD Total number of calls 152 625 +1- received Total number of code 89 431 enforcement cases opened Total number of 203 1086 inspections conducted Total number of cases 38 228 closed Average number of cases 149 +1- N/A open durinQ a week P:IHRAICE Officer Report. 1 00307 Effective Date: Position Title: Department: Accountable to: December 2006 Code Enforcement Officer Inspections, Planning &Building Operations City Building Official Primary Obiectives Performs professional work inspecting, administering and enforcing City building, zoning, environmental, sign ordinances and policies, and related Minnesota State Law. Work includes complaint investigations, inspections, enforcement actions and public education activities to protect the welfare and safety of the citizens of Maplewood; and performs related work as assigned. MAJOR AREAS OF ACCOUNTABILITY * 1. Enforces State laws and City of Maplewood Ordinances for compliance with building maintenance requirements. The specific duties are as follows: :>> Inspects interiors and exteriors of property as required and reports violations, particularly housing, rental dwelling and nuisance violations. :>> Communicates with property owners, builders, and the public regarding compliance with codes and ordinances, property maintenance standards, and regulatory practices; respondS to citizen complaints regarding potential code violations; coordinates code enforcement action within the City. :>> Assists the City Building Official in the implementation and enforcement of the City's nuisance ordinances, building maintenance and housing quality standards: :>> Assists in the development of a new or revised housing/public nuisance code or ordinance. :>> Coordinates, plans and conducts quarterly meetings with property owners and/or property mangers to create a forum for dialogue and education. :>> Maintains accurate and complete records of complaints, inspections, violations, and citations. :>> Represents the City of Maplewood in court and testifies regarding code violations. *2. Conducts educational sessions to inform the public and management regarding City Code, enforcement policies, procedures and administrative operations. *3. Enforces all City environmental and housing ordinances by responding to all non- urgent complaints and urgent complaints of a health, safety and welfare nature within departmental guidelines. * 4. Assists the City Building Official in creating, implementing, and enforcing a code enforcement program. * 5. Informs the supervisor of all code enforcement and developments and submits reports of activities. 6. Performs related duties and/or responsibilities as needed or assigned. Maplewood Code ~ forcement Program David Fisher and Mi September 24, .1978-2002: Bob Wenger was hi Environmental Health Officer- code eriforcement services on a compl About 50 percent of his time was spent on enforcement related activjties. . 2002-04: DuWayne Konewko was hired as a time Environmental Health Officer - He provided code eJiforcement on a complaint basis. About 50 percent of his time was spent on code enforcement. Program Backgr nd and History . 2004-06: Butch Gervais, full-tim took over code enforcement duties i his Fire Department responsibilities. assisted by full-time fire fighters in 2005. he was on his own. . January through March 2007: Molly Wellens, Environmental Health Offidal- Provided co enforcement on a complaint basis. About 30 percent of her position was spent on code eriforcement duties (0.15 FTE). 1 Michae muelson, Code Enforce t Officer . 23 years of employment in housin , preservation and community involve 2tmrzf !o~ ~h~egg.b:I'j/::::/'l;;'p';;ftion!Code Enforcemen _ Otherworkerperience wllk Elliot Park. Powderhom Park, SE GlendalelProspecll'ark. Lutheran Social Services, Thomas Dalel/; ondlheCIIJ'ofRlchjield. . Degree in Housingfrom the University of . Licensed Ice Property Maintenance and Hous Inspector; Member American Association olCo Enforcement (AACE). . Hiredfor this position on Monday, April 2, 2007. Rece :-Budgets for Code E~ ement 2004 Aclunl 2005Aclual ~, 2007 Budgeted Expenditures PcrsOIlDcl $10.679 $30,593 Comm1Klitics '''' ConlrnctwJ.] ,W '" CapilalOuUny " " Total $IU123 $30,132 Peroenlch.nge +[00.0% +178.8% StafflIOlll'S 0.15 0.' ~FlE Expenditures Personnel* Commodities** Contractual Services*** Capital Outlay TOTAL $92,470 5,500 5,960 J6,000 $119,930 . Includ..1JlVTf.foo-Cod.Enr<>rr<......'OIIl"..andl"'rt.lim.d"rie.l..m.."""ro.-lbI<p (...gro,......Im"'OJI".roolsforU'....mploYfl"'). ..lndnd....pplio.,dn..and..,b.crlpllons,ot<. ".lnclud..r...ro<.....-l,../"b.l<m<DlsjOJldCDIpIO)""Iro;mug. 2 Code Enforce t Statistical Data Outputll 2004 200S 2006 1/07-8/07 "Nomborofea.c. ." 312 321 ---- Nl1!IlbetofC4seo 16 RolOrnodl<llhe AdrninIMcisI_ Numooof'-tioD' 882' 404* ElTectivene!ls Indicators Numbetofc.... 16 16 ~IvedThrough"'. AdminlllldioialPJO<<S!I ........~ 87' 312 240 R...ll'Od Nombetc....hndmg NA 0 .Numbc.QrlD.!l~maybchigherllum_''''''r<po<f<d,d..t>>~ Code Enforce Types of Violations Bern een in the City (Between May-July 20 ~ Exterior Storage - Unapproved Parking - Lawn Maintenance - HousingIProperty Maintenance - Junk Vehicle - Trash and Garbage - Trash container storage -Other TOTAL 1 1700 16% 7%(2 5%(19) 4%(14) 3% (9) 100% (351) Other Acc Iishments . Developed biformationa doutsfor residents and property owne vering common code enforcement cone and regulations that affect residential properties, how to file a complaint, to best dispose of problem materials a a list of contacts at the city for nuisanc related concerns. . Developed a Standardized Code Enforcement Compliance Notice form. 3 Other Acc plishments . Developed a Self-Inspect Checklistfor residents to use on their own ee how their property measures up to /0 standards and regulations. . Responded to an increasing number vacant, foreclosed homes (for exterior storage or long grass complaints). . Provide staff support to the Housing and Redevelopment Authority (HRA). Other Ace lishments . Conducted several conce maintenance and nuisance junk vehicles, long grass, trash housing and lawn conditions, exte storage and auto rep"air complaints. . Issued abatement notices for 34 properties and conducted five abatements. Most violations were for long grass and some also includedjunk vehicle and exterior storage concerns. lishments . Began the process to com leZy analyze the City's current Housing a uisance Codes. comparing them with th International Property Maintenan Code (IPMC) and submitting a repo report to the Housing and Redevelop Authority (HRA) for its review and comments. . Added updated program information and to the City's website. 4 Interdep mental and Interagency C . Worked jointly with Public Sheriff County Commissioner, Strike Task Force, Animal Contro , Police, Building, Planning and Publ Health staff to investigate citizen complaints, problem properties and "drug house" concerns. . Established working relationship with Crime Free Multi-Housing TaskForce. Code Enforce . Inspections may be initiated by . '''J'en complaints, City/County staff or by the Code En ement Officer (CEO). . After an inspection, the CEO notifies the owner and any other parties of interest of Iii violations. Written and/or verbal notices m used . The type of order and time to correct it depends the extent and severity of the violations found . Orders generally have a camp . between 2 to 30 days. . After receiving the order, the proper may comply with the order, ask/or an extension, appeal the order to the Buildin Official or not comply with the notice to co the violations. . If the owner fails to comply with the order, the CEO may issue a new compliance notice, a citation or refer the case to court for resolution. 5 Code mpliance Model Prevention Interventiori. I '" . High grass and weeds . Parking on the grass . Illegal signs . Junk vehicles . Substandard structures!fences . Outside display . Graffiti . Illegal du . Vehicles/or s ,_ Comm. vehicles . Weather protectio . Dumpsters . Zoning Code Enforce nt Process Notice Procedures - Standard notices - Verbal and "door hanger" notice~ - Repeat offenders - Habitual offenders - "Once a Year" notices 6 . Extensions - Standard Extension - Agreement to Abate - Check-in/Probation . Administrative Hearings . City Abatement - High grass and weeds - Junk vehicles - Trash and debris Code Enforce . Prosecution Criminal Prosecution . Fines . Progressive fines - Civil Prosecution .TRO . Permanent Injunctions nt Process Alte tives to standard pro dures . Neighborhood based initiatives . Cleanup campaigns . Beautifications . Direct andfocused education . Flyers & Broclmres . NCWllArticlcs . PSA's . Community issue meetings . Community/Crime Watch meetings . Annual reports to the community 7 The Futu f the Program: Apply "Best actices" . Best Practice is a management pn . Ie which asserts that there is a technique, met activity, incentive or reward that is mOl at delivering a particular outcome than a technique, method, process, etc. The idea 1 with proper processes, checks, and testing, a desired outcome can be delivered with fewer problems and unforeseen complications. . Thefallowing are some well accpted best practices used in other Code EnjiJrcement programs in the United States. Apply "Be ~ctices" to the Code Enforcement Program . Develop a strategic plan. . Update and adopt improved ordin codes. eImprove/enhance public education e regarding city code requirement and community standards. . Develop a rental housing registration, inspection and/or licensing program. Apply "Bes <ractices" to the Code Enforce~t Program . Implement technology imp - Purchase/install a dedicated so program specifically designed for Enforcement complaints, scheduling, property history, statistical analysis. - Use of Geographic Iiformalion Service (GIS) data directly hooked up to an interactive Code Enforcement software package. 8 Apply "Bes actices" to the Code Enforcem Program . Implement technology im - Allow for internet access by the Code Enforcement cases. - Provide for wireless laptop utilizatio the field by inspectors. - Allow for staff to enter inspection result on site and print out notices a/violations i the field Apply "Bes <ractices" to the Code Enforcem t Program . Adopt an aggressive fie struc costs of abatements and as a del repeat violations. . Handout progressivefines for repeat offenders. - . Develop annual notices for nuisances violations. . Perform property-by-property inspections within target areas OJ. the city. Apply "Be ractices" to the Code Enforce . Develop performance measure compliance times and emphasize compliance with regulations. . Focus targeted inspections with other departments to address chronic violatio in high crime and deteriorated areas. . Add Code Enforcement as part of the Maplewood Citizen Police Academy. 9 P tos Before Before EIIeriorSlorage Lackofadequategrouodco,,",f Illegal Dumping _.\f)- Commercial Vehicle 10 ParkiogontbeGrass iii LackofProtectiveCovering What the com nity is saying..... . .. J really do commend your appearance of Maplewood a you're up against in many ways. J listen . "The bank is finally doing something he Thank you very much for listening and helpin neighbors get this property taken care 0 What the com nity is saying..... . "J want to say 'good job' our inspector no he was right out to deal with the te neighbor . "We didn't know it was any of our conce thank you for cutting down that grass and we call you the next tim -L. 11 Ques 'ons to Ask Regarding t Future . What are the actual costs of p iding or not providing Code Enforcement . What are our "community standar . How can Code Enforcement be more efficient and effective? . What best practices should be implemented? Questions or Comments 12 MEMORANDUM TO: FROM: SUBJECT: DATE: City Manager Tom Ekstrand, Senior Planner HRA Mission Statement Draft October 3, 2007 INTRODUCTION At the September 12, 2007 HRA meeting, the HRA reviewed the draft mission statement prepared by staff and made suggestions for revisions. These revisions are in the latest version below. DISCUSSION Previous Draft Mission Statement The mission of the Maplewood Housing and Redevelopment Authority (HRA) is to advise and make recommendations to the Maplewood City Council on housing matters regarding policy issues, development, redevelopment and maintenance. The HRA's purpose is to promote and guide the city council and staff to develop, improve and retain housing stock in Maplewood that is safe, healthy, meets the housing needs of the residents and maintains value for quality housing throughout the city. The HRA is committed to working with the Maplewood City Council, advisory committees and property owners to achieve these goals. Revised Draft Mission Statement With The HRA's Last Addition (addition is underlined) The mission of the Maplewood Housing and Redevelopment Authority (HRA) is to advise and make recommendations to the Maplewood City Council on housing matters regarding policy issues, development, redevelopment and maintenance. The HRA's purpose is to promote and guide the city council and staff to develop, improve and retain the diversity of housing stock in Maplewood that is safe, healthy, meets the housing needs of the residents and maintains value for quality housing throughout the city. The HRA is committed to working with the Maplewood City Council, advisory committees and property owners to achieve these goals. At the last meeting, Michael Samuelson asked if the committee wanted anything in the mission statement that said the HRA also makes budgetary recommendations to the city council. The committee decided to table that discussion to the next meeting and to review the changes to the mission statement at that time. RECOMMENDATION Review the revised draft mission statement and give staff any changes you would like made. p:HRAlmission statement draft 10 07 #23 MEMORANDUM TO: FROM: SUBJECT: DATE: Greg Copeland, City Manager; Dave Fisher Building Official Michael Samuelson, Code Enforcement Officer Review of Maplewood Housing Maintenance Codes October 3, 2007 INTRODUCTION Currently the City of Maplewood has a section of its city code (Chapter 12) that covers property maintenance standards that separate out owner-occupied and rental-occupied residences. The purpose of this ongoing discussion by the HRA is to look at the current code and compare it to the 2006 International Property Maintenance Code (IMPC). DISCUSSION At the meeting on October 10, 2007 staff and HRA members will continue to review the current section of the city code as it pertains to housing maintenance and the 2006 International Property Maintenance Code (IMPC). At our last meeting we reviewed Chapters one to three. The plan is to review then next two or three chapters of the IPMC at this next meeting. Both documents have been attached to this memo for your review. P:IHRAIHOUSING MAINTENACE CODE REVIEW\100307 MAPLEWOOD CITY CODE: CHAPER 12: HOUSING MAINTEANCE SECTIONS ARTICLE IV. RENTAL HOUSING MAINTENANCE CODE Sec. 12-96. Purpose and goals. The pUlpose of this article is to protect the public health, safety and welfare by enacting a rental housing maintenance code. This code sets the minimum level of maintenance standards for rental housing. The general goals of this code are to: (1) Protect the character, value and stability of residential properties. (2) Correct and prevent housing conditions that adversely affect or may adversely affect residents((;llives, safety, general welfare or health. (3) Provide minimum standards for cooking, heating and sanitary equipment necessary for the health and safety of occupants of the buildings. (4) Provide minimum standards for light and ventilation necessary for health and safety. (5) Provide minimum standards prevent deterioration and blight. (Code 1982, ~ 9-91) for the maintenance of existing residential buildings, to CDl2:12 JOBNAME: No Job Name PAGE: 155 SESS: 2 OUTPUT: Tue Apr 812:31:10 2003 /firsVpubdocs/mcc/3/11217_fUll BUILDINGS AND BUILDING REGULATIONS ~ 12-98 Sec. 12-97. Applicobility and scope. This article shall apply to rental housing only, including any construction, repair or alteration. Any changes shall be done according to applicable sections of the building and zorung codes. The owner shall be responsible for meeting the requirements of this article. (Code 1982, ~ 9-92) Sec. 12-98. Definitions. Where this article does not derme a term and the building code or zoning code defines the term, the term shall have the meaning given to it in the building code or zoning code. The following words, terms and phrases, when used in this article, shall have the meanings ascnbed to them in this section, except where the context clearly indicates a different meaning: Approved means approved by the enforcement officer or by other authority designated by law to give approval in the matter in question. Building code means the state building code as defined in section 12-39. Clean means the absence of dirt, grease, filth, refUse, rubbish, garbage, insects, vermin, junk, abandoned vehicles, dangerous or offensive odors or other unsightly, offensive or extraneous matter. Common areas means the halls, corridors, passageways, utility and r=eational rooms and exterior landscaped areas and yards in or around a rental residential building. Deadbolt lock means a locking bolt which a person moves by knob, handle or other similar device on the interior side of a door. A person must also be able to lock the deadbolt lock from the exterior. Such a bolt shall have a minimum projection of one inch. The city requires metal strike plates for all locking devices with a minimum thickness of 0.062 inch (1.5 mm). The owner shall mount these plates with a minimum of two no. 8 size screws. Dwelling unit means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Enforcement officer means the city manager or his authorized representative. Extermination means the elimination of insects, rodents or other pests. This may be done by eliminating their harborage places or by removing or making inaccessible materials that may serve as their feed. This may also be done by poison spraying, fUmigating, trapping or by another recognized and legal pest elimination method. Functioning means the ability of any structure, any part of a structure, or any fIxture or facility or equipment in a structure to perform the service or fUnction for which the manufacturer or builder designed, intended and constructed it. Garbage means animal or vegetable waste resulting from the handling, preparation, cooking or consumption of food. CDI2:13 JOBNAME: No Job Name PAGE: 156 SESS: 2 OUTPUT: Tue Apr 8 12:31:10 2003 /first/pubdocs/mcc/3/1l2l7 _full ~ 12-98 MAPLEWOOD CODE Grade means the vertical location of the ground surface. Infestation means the presence, within or contiguous to a dwelling or premises, of noxious insects, rodents, vermin or other pests. Maintenance and maintain mean the upkeep of property and equipment in a professionaIlike condition. Occupancy means the purpose for which people use or the owner intended people to use a building or structure or part of a building or structure. Occ upied means being leased or rented for living purposes by an occupant. Occ upant means any person living or sleeping in a dwelling unit or rooming unit. Openable area means that part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors. Operator means any person who has charge, care or control of a rental residential building or yard. Permissible occupancy means the number of persons the city permits to live in or occupy a dwelling unit or rooming unit. Plumbing and plumbing fixtures mean water heating facilities, water pipes, gas pipes, garbage disposal units, toilets, waste pipes, sinks, installed dishwashers, lavatories. 1bis also means bathtubs, showerbaths, installed clothes-washing machines or other similar equipment, catchbasins, drains, vents, stacks or other-similarly supplied fixtures, together with all connections to water, gas, sewer or vent lines. Premises means a lot or parcel ofland which includes a rental residential building. Professional-like means in a safe, working condition that meets the standards of the associated trade or industry or is in the originally intended condition. Reasonable care means the treatment of all facilities, fixtures, eqnipment and structural elements such that depreciation of these objects and other materials is due to their age and normal wear through use, rather than due to abuse, misuse or neglect. Refuse means waste materials, except garbage, such rubbish as paper, rags, cardboard, boxes, cans, metal, yard clippings or trimmings and tree branches. The city shall also consider waste wood, rubber, leather, glass, brick, plaster, sheetrock, bedding, crockery and similar materials as refuse. Repair means the reconstmction or renewal of any part of a building or its utilities, facilities or equipment. Rental residential building means any building or portion of a building which is rented or leased for residential purposes. Rodent harborage means a place where rodents are likely to live, nest, seek shelter or make their habitat. CD12:l4 JOBNAME: No Job Name PAGE: 157 SESS: 2 OUTPUT: Tue Apr 812:31:102003 Ifirst/pubdocs/mcc/3/11217 _full BUILDINGS AND BUILDING REGULATIONS ~ 12-99 Rooming unit means any room or group of rooms forming a single habitable unit that the owner or occupant uses or intends to rent or lease for living and sleeping. A rooming unit does not indude standard kitchen facilities. Roominghouse means any rental building, containing one or more rooming units. Safe means the condition of being free from danger and hazards which may cause accidents or disease. Sanitary means bactericidal treatment effective in destroying microorganisms, induding pathogens. Supplied means installed, furnished or provided by the owner or operator. Ventilation means the process of supplying and removing air by natural or mechanical means to or from any space. Yard means all ground, lawn, court, walk, driveway or other open space which is on the same premises as a rental building. (Code 1982, ~ 9-93) Sec. 12-99. Yards. (a) Cleanliness. All rental housing yards shall be dean and sanitary. (b) Grading and drainage. There shall be no accumulation of stagnant water, except in approved ponding ;u:eas. There shall also be no surface water entering any building or stmcture. (c) Removal of snow and ice. There shall be no snow and ice on parking lots, driveways, steps and walkways which may create a hazard. (d) Removal of noxious weeds. The yard shall be free from noxious weeds and tall grass as required in section 18-31(8). (e) Insects and rodents. The owner shall exterminate all noxious insects, rodents, vermin or other pests that are causing a nuisance. (I) Accessory structures. All accessory structures, induding detached garages, fences, signs and retaining walls, shall be structurally sound and in good repair. The owner shall protect all accessory structures, fences, signs and retaining walls against the elements and decay by non-lead-based paint or other appropriate protective coverings. (g) Parking lots and driveways. All parking lots and driveways shall be paved and kept in good condition with no pot holes. Driveways for single and double dwellings are exempt from the pavement requirement but shall be kept in good condition. (h) Yards and landscaped areas. The owner shall maintain all yards and landscaping and replace all damaged or dead plants required by the city. CDl2:15 JOBNAME: No Job Name PAGE: 158 SESS: 2 OUTPUT: Tue Apr 812:31:102003 /first/pubdocs/mcc/3/11217 Jull ~ 12-99 MAPLEWOOD CODE (i) Exterior storage. The owner shall not allow the accumulation or storage of building materials, firewood, boxes, machinery, scrap metal, refuse, or garbage anywhere on the premises. (Code 1982, ~ 9-94) Sec_ 12-100_ Exteriors of structures. (a) Foundations, walls and roofs. Every foundation, exterior wall, roof and all other exterior surfaces of rental housing shall be in a professional-like condition as follows: (I) The foundation shall support the building at all points. (2) Every foundation, exterior wall and roof shall be free of holes, breaks, loose or rotting boards or timbers, or falling or loose stucco or brick. The owner shall protect every exterior surface from verntin and rodents. Every exterior surface shall also be free from graffiti and large amounts of peeling paint. Every exterior surface shall also be free from conditions which might admit moisture to the interior of the walls or to the interior of the dwelling. (3) All exterior wood surfaces and lead-based paints, other than decay-resistant woods, shall be covered or replaced with non-lead-based paint or other protective coverings or treatments, as required by state law. (4) The roof shall be tight and have no defects which admit rain or moisture. Roof drainage shall be adequate to prevent rainwater from causing dampness in the walls. (5) All building exterior surfaces shall meet section 12-7. (b) Stairs, porches, decks, balconies and railings. Stairs, porches, decks, balconies and railings of rental housing shall be maintained as follows: (I) Every outside stair, porch, deck, balcony or railing shall be in a professional-like condition. (2) Every flight of stairs which is more than three risers high and every porch shall have guardrails as required by the building code. (c) Windows, doors and hatchways. Every window, exterior door and hatchway shall be tight and kept in professional-like condition as follows: (I) Every exterior window, door and hatchway shall be in professional-like condition and fit tightly within its frame. (2) Every window shall have panes which are without open cracks or holes. (3) Every openable window, shall: a. Open easily. b. Have hardware that will hold the window in an open or closed position. c. Have a functioning lock. CD12:16 JOBNAME: No Job Name PAGE: 159 SESS: 2 OUTPUT: Tue Apr 812:31:102003 /frrstlpubdocs/mcc/3/11217 Jull BUILDINGS AND BUILDING REGULATIONS ~ 12-101 d. For single and double dwellings, have a tightfitting screen that is not greater than 16 mesh per inch. (4) Every exterior door shall: a. Open easily from the inside without a key. b. Have a functioning deadbolt lock. c. For single and double dwellings, have a tightfitting screen door with a screen that is not greater than 16 mesh per inch. (Code 1982, ~ 9-95) Sec. 12-101. Interior ot structures. (a) Basements. All basements and crawl spaces for rental housing shall be dry. (b) Structural members. The supporting structural members shall be structurally sound and have no evidence of deterioration. (c) Interior stairs and railings. Interior stairs and railings shall be maintained as follows: (I) All stairs shall be in professional-like condition. The owner shall replace treads and risers that show evidence of excessive wear or are broken, warped or loose. (2) Every staiIwell and every flight of stairs more than three risers high shall have handrails or railings as required by the building code. (3) Every handrail or railing shall be firmly fastened and in professional-like condition. The owner shall properly place secured railings on the open portions of stairs, balconies, landings and staiIwells. These railings must be able to bear normally imposed loads as determined by the building code. (d) Bathroom floors. Every toilet room and bathroom floor surface shall be impervious to water. These floor surfaces shall be constructed to permit a person to easily clean them and keep them in a sanitary condition. (e) Sanitation. The interior shall be in a clean and sanitary condition. The owner shall provide appropriate storage facilities for refuse, garbage and rubbish. (I) Insect and rodent harborage. The owner shall exterminate all noxious insects, rodents, vermin or other pests. (g) Interior walls, floors. ceilings and woodwork. All interior walls, floors, ceilings and associated woodwork or trim shall be in a professional-like condition. These surfaces shall be clean and free of graffiti. Floors shall be free of loose, warped, protruding, ripped or rotten materials and coverings. All walls and ceilings shall be free of holes, laIge cracks and loose plaster and in a tight weatherproof condition. (Code 1982, ~ 9-96) CDl2:17 JOBNAME: No Job Name PAGE: 160 SESS: 2 OUTPUT: Tue Apr 8 12:31:10 2003 /firstlpubdocs/mcc/3/11217 Jull ~ 12-102 MAPLEWOOD CODE Sec. 12- 1 02. Basic facilities. The following facilities shall be in every occupied rental dwelling unit and roominghouse, except as stated in section 12-107: (1) Kitchen facilities. A kitchen which includes the following: a. A functioning kitchen sink. b. Cabinets or shelves for the storage of eating, drinking and cooking equipment; utensils; and food that does not require refrigeration. There shall also be a counter or table for food preparation. The cabinets or shelves and counter or table shall be large enough to accommodate the number of people living in the dwelling unit. They shall also be of professional-like construction, finished with surfaces that are easily cleanable and that will not impart any toxic or harmful effect to food. c. A functioning stove and refrigerator large enough to meet the needs of the resident. The owner shall provide enough space and adequate connections for the installation and operation of the stove and refrigerator. The resident or owner shall provide the stove and refrigerator. (2) Toilet. There shall be a nonhabitable room with an entrance door which gives privacy to a person within such room. This room shall have a functioning toilet in professional- like condition with easily cleanable surfaces. (3) Lavatory sink. There shall be a lavatory sink in good working condition. It may be in the same room as the toilet. If the lavatory sink is in another room, it shall be near the door leading directly into a room with a toilet. Water inlets for lavatory sinks shall be above the overflow rim of the sink. (4) Bathtub or shower. There shall be a room which affords privacy to a pelSon within such room which has a bathtub or shower. It shall be in good working condition and may be in the same room as the toilet or in another room. Water inlets for bathtubs shall be above the overflow rim of the bathtub. (5) Connection to water and sewer systems. Every kitchen sink, lavatory sink, bathtub, shower and toilet shall connect to public water and sanitary sewer systems. These facilities may connect to an approved private water and sewer system if no public utility system is available. These plumbing facilities shall have an adequate amount of hot and cold running water. The heated water shall be at a minimum temperature of 120 degrees and a maximum of 165 degrees. (6) Heating system. Every rental residential building shall have an approved and functioning heating system. This system shall safely heat all habitable rooms, bathrooms and toilet rooms in the building. This system must provide a temperature consistent with state and federal guidelines at three feet above the floor when occupied. The city shall not consider gas or electric appliances designed primarily for cooking or water heating purposes as heating facilities. The city prohibits the use of CD12:18 JOBNAME: No Job Name PAGE: 161 SESS: 2 OUTPUT: Tue Apr 8 12:31:102003 /first/pubdocs/mcc/3/11217 jull BUILDINGS AND BUILDING REGULA TrONS ~ 12-104 portable heating equipment which uses flame and liquid fuel as heating equipment for this subsection. No owner or occupant shall install or use a space heater using a flame which is not vented to the outside of the structure. This venting shall only be done with city approval. (7) Refuse and garbage storage and removal. The owner shall supply approved containers with tightfitting covers for the storage of refuse and garbage. The owner shall have the refuse and garbage removed from the premises at least once a week. (Code 1982, ~ 9-97) Sec. 12-103. Maintenance. (a) Plumbing and heating equipment. The owner of rental housing shall maintain the plumbing and heating equipment. This equipment shall be free from obstructions, leaks and defects. Heating equipment shall include cooking, water heating and space heating equipment. (b) Electrical service. outlets. fixtures. All dwelling uuits and rooming uuits shall have adequate and safe electrical service. Every electrical outlet and fixture shall connect to the source of electrical power. All dwelling units and rooming uuits shall have an adequate number of electrical outlets and electrical lighting fixtures for normal usage. (c) All facilities and equipment. All housing facilities shall be clean and in a sanitary condition. (Code 1982, ~ 9-98) Sec_ 12-104_ Light and ventilation. (a) Natural light in dwellings. Every rental dwelling uuit and rooming uuit shall have at least one window of approved size facing directly to the outdoors or to a court. If the dwelling uuit or rooming uuit is connected to a room or area used seasonably (e.g., porch), adequate daylight must be possible through this connection. (b) Light in nonhabitable work space. Every furnace room and all similar nonhabitable work space shall have at least one functioning electric light. (c) Light in halls and stairways. Every hall and inside stairway shall have at least five lumens per square foot of light in the darkest part. (d) Sleeping space in basements. No person shall sleep in a basement unless there is natural light from windows. These windows shall meet all building code requirements. At least one-half of the required window area shall be openable to provide natural ventilation. (e) Adequate ventilation. Every dwelling shall have at least one window which can be easily opened or such other device as will adequately ventilate the dwelling. (I) Ventilation and light in bathroom. Every bathroom and room with a toilet shall have at least one openable window or an approved ventilation system. (Code 1982, ~ 9-99) CD12:19 JOBNAME: No Job Name PAGE: 162 SESS: 2 OUTPUT: Tue Apr 8 12:31:102003 /firstlpubdocs/mcc/3/I 12 17_ full ~ 12-105 MAPLEWOOD CODE Sec. 12- 105. Fire safety standards. (a) Exclusion of rental building from storing flammable liquid. No rental dwelling unit or rooming unit shall be located within a building containing any business handling, dispensing or storing flammable liquids with a flashpoint of 100 degrees Fahrenheit. This is defined by the Uniform Building Code (UBC) and the Uniform Fire Code (UFC). (b) Smoke alarms. There shall be approved, functional listed smoke alarms in all rental residential buildings and roominghouses as required by state law. (Code 1982, ~ 9-100) Sec. 12-106. Maintenance responsibilities. (a) Maintenance of private areas. Occupants of rental housing shall keep in a clean and sanitary condition that part of the dwelling and premises which they occupy, control or use. (b) Maintenance of shared or public areas. Every owner of rental housing, containing two or more dwelling units, shall maintain in a clean and sanitary condition all shared or public areas on the premises. (c) Disposal of garbage and refuse. Occupants and owners shall dispose of their garbage and refuse in a clean and sanitary manner consistent with chapter 30. Occupants shall put their garbage and refuse in the containers provided by the owner. (d) Use and operation of plumbing fixtures. Every occupant shall keep the plumbing fixtures clean and sanitary and shall use reasonable care in their proper use and operation. (Code 1982, ~ 9-101) Sec. 12-107. Roominghouses. (a) Toilet, lavatory and bath facilities. There shall be at least one functioning toilet, lavatory sink and bathtub or shower for each four rooming units within a roominghouse. This is wherever persons share such facilities. The owner shall locate all such facilities within the residence building served, and they shall be directly accessible from a common hall or passageway to all persons sharing such facilities. The owner shall supply every lavatory sink, bathtob or shower with hot and cold water. (b) No kitchen required. A kitchen is not required in a roominghouse. If a common kitchen is provided, it shall be clean and sanitary. (Code I 982, ~ 9- 102) Sec. 12-108. Vocant dwellings. The owner of any unoccupied rental building, dwelling unit or rooming unit shall board up or close and lock any open doors or windows. (Code I 982, ~ 9- 103) CDI2:20 JOBNAME: No Job Name PAGE: ]63 SESS: 2 OUTPUT: Tue Apr 8 ]2:3]:]02003 /first/pubdocs/mcc/3/] ]2] 7 Jull BUILDINGS AND BUILDING REGULATIONS ~ 12-112 Sec. 12-109. Access by owner or operator. Every occupant of rental housing shall give the owner or operator or his agent or employee access to any part of such dwelling unit, rooming unit or its premises. This access is to be at reasonable times, for effecting inspection and maintenance, making such repairs, or making changes to follow this article. (Code 1982, ~ 9-104) Sec. 12- 11 O. Compliance orders. (a) Whenever the enforcement officer determines that any dwe1ling, dwe11ing unit or rooming unit or the premises surrounding any of these fails to meet the requirements of this article, he may issue a compliance order. This order shall state the violations of the article and order the owner, occupant or operator to correct such violations. This compliance order shall: (]) Be in writing. (2) Describe the location and nature of the violation of this article. (3) Set the required corrective action and a time for the completion of the correction of such violation. This compliance order shall also Jet the owner or operator know of the appeal recourse. (4) Be served upon the owner, his agent or the occupant, as follows: a. Served upon him personally; b. Sent by mail to his last known address; or c. Posted at a conspicuous place in or about the dwelling which the notice affects. (b) Before taking any court action, the enforcement officer shall send a registered or certified copy of the notice to the owner. (Code 1982, ~ 9-105) Sec. 12-111. Variances. A person shall make appeals of interpretation or variance under this article to the director of community development. If not satisfied, a person may make further appeal to the city council according to established city procedures. The city council will hear requests for variance and interpretation of this article. The city council may grant variances when the strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration. The city council must also find that such action will be in keeping with the spirit and intent of this article. (Code 1982, ~ 9-106) Sec. 12-112. Violations. Any person failing to f01l0w the provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished in accordance with section 1-15. (Code 1982, ~ 9-107) CD12:2] JOBNAME: No Job Name PAGE: 164 SESS: 2 OUTPUT: Tue Apr 8 12:31:10 2003 /first/pubdocs/mcc/3/l1217 jull ~ 12-113 MAPLEWOOD CODE Secs.12-113 12-141. Reserved. ARTICLE V. OWNER-OCCUPIED HOUSING MAINTENANCE CODE Sec. 12-142. Short title. This article shall be cited as the "owner-occupied housing maintenance code." (Code 1982, ~ 9-130) Sec. 12-143. Purpose. The purpose of this article is to establish minimum standards for the maintenance of exterior areas of owner-occupied housing, as well as interior areas of attached owner-occupied dwellings. The general objectives shall be to: (1) Protect the character and stability of residential properties within the city. (2) Correct and prevent housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health, including the physical, mental and social well-being of persons occupying dwellings within the city. . (3) Provide minimum standards for the maintenance of existing residential buildings and prevent deterioration and blight. (Code 1982, ~ 9-131) Sec. 12- 144. Applicability and scope. This article shall apply to exterior areas of owner-occupied dwellings and interior areas of attached owner-occupied dwellings. The construction, repair or alteration of residential property shall comply with this article and the building and zoning codes. (Code 1982, ~ 9-132) Sec. 12- 145. Rules of construction. For the purposes of this article, the following rules of construction shall apply: (1) Where terms are not defined in this section and are defmed in the building code or zoning code, they shall have the meanings ascribed to them in the building code or zoning code. (2) Where terms are not defmed in this article or in the building or zoning code, their common dictionary definitions shall apply. (Code 1982, ~ 9-133) CD12:22 JOBNAME: No Job Name PAGE: 165 SESS: 2 OUTPUT: Tue Apr 8 12:31:102003 /first/pubdocs/mcc/3/11217 jull BUILDINGS AND BUILDING REGULATIONS ~ 12-148 Sec. 12-146. Definitions. The following words, terms and phrases, when used in this article, shall have the mearungs ascribed to them in this section, except where the context clearly indicates a different mearung: Approved. as applied to a material, device or method of construction, means approved by the enforcement officer under this article or approved by other authority designated by law to give approval in the matter in question. A ttached dwelling means two or more dwelling units physically attached in construction such as condominiums, townhouses, double dwellings and quads. Building code means the building code of the city, including the fIre code. Dwelling unit means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Enforcement officer means the city manager or his authorized representative. Exterior property areas means open space on the premises under the control of the owner of such premises. Extermination means the control and elimination of rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their feed; by poison spraying, fumigating, trapping; or by another recognized and legal pest elimination method. Owner means the owner of the freehold of the premises or lessor estate therein. Premises means a lot, plot or parcel of land including the building or structures thereon. Workmanlike means the standards of the trade or industry involved. (Code. 1982, ~ 9-134) Sec. 12-147. Exterior property areas. (a) Sanitation. All exterior property areas of owner-occupied dwellings shall be maintained in a clean and sanitary condition, free from any accumulation of refuse or garbage. (b) Removal of noxious weeds and pests. All exterior property areas shall be kept free from species of weeds or plant growth, rodents, vermin or other pests which are noxious or detrimental to the public health. (Code 1982, ~ 9-135) Sec. 12-148. Exterior of structures. (a) The exterior of all structures and accessory structures of owner-occupied dwellings, including detached garages, shall be maintained in a workmanlike state of maintenance and repair. CD12:23 JOBNAME: No Job Name PAGE: 166 SESS: 2 OUTPUT: Tue Apr 8 12:31:102003 /first/pubdocslmcc/3/11217 _full ~ 12-148 MAPLEWOOD CODE (b) Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers, falling or loose stucco or brick, or substantial amounts of peeling paint. (c) All doors and windows shall be maintained in good repair, shall fit reasonably well within their frames, and shall be free of open breaks or holes. (Code 1982, ~ 9-136) Sec. 12-149. Interior areos of attached owner-occupied dwellings. (a) The interior of every attached owner-occupied dwelling shall be maintained in clean and sanitary condition, free of accumulations of garbage and refuse. (b) The interior of every attached owner-occupied dwelling shall be maintained free from infestation of noxious insects, rodents and other pests. (c) All plumbing systems shall be properly installed, connected and maintained in good working order and must be kept free from obstructions, leaks and defects. (d) The storage of hazardous flammable liquids shall be prohibited. (Code 1982, ~ 9-137) Sec. 12-150. Vacated dwellings. The owner of any owner-occupied dwelling which has been declared unfit for human habitation or which is otherwise vacant for a period of 60 days or more shall make the dwelling safe and secure so that it is not hazardous to the health, safety and welfare of the public and does not constitute a public nuisance. Any such dwelling open at doors and windows, if unguarded, shall be deemed to be a hazard to the health, safety and welfare of the public and a public nuisance within the meaning of this article. Upon failure of the owner to comply, the city may have such dwelling made safe and secure and assess the cost to the owner. (Code 1982, ~ 9-138) Sec. 12-151. Hazardous building declaration. If an owner-occupied dwelling has been declared unfit for human habitation and the owner has not remedied the defects within a prescribed reasonable time, the dwelling may be declared a hazardous building and treated consistent with state law. (Code 1982, ~ 9-139) Sec. 12-152. Enforcement officer. It shall be the duty of the enforcement officer to enforce this article. (Code 1982, ~ 9-140) Sec. 12- 153. Inspections. The enforcement officer shall be authorized to make or cause to be made inspections to determine the condition of owner-occupied dwellings and premises in order to safeguard the health, safety and welfare of the public. The enforcing officer shall, with the permission of the CD 12:24 JOBNAME: No Job Name PAGE: 167 SESS: 2 OUTPUT: Tue Apr 8 12:31:102003 /frrstlpubdocs/mcc/3/1 12 17 juIl BUILDINGS AND BUILDING REGULATIONS ~ 12-156 owner, be authorized to inspect the exterior areas of any premises and the interior areas of attached dwellings at any reasonable time for the pmpose of performing his duties under this article. If the owner, operator or person in possession of the dwelling shall refuse to consent to the inspection and there is probable cause to believe that a violation exists on that particular premises, a search warrant may be obtained. (Code 1982, ~ 9-141) Sec. 12-154. Compliance order. Whenever the enforcement officer determines that any owner-occupied dwelling or the premises fails to meet the requirements of this article, he may issue a compliance order setting forth the violation of this article and ordering the owner, occupant, operator or agent to correct such violation. This compliance order shall: (I) Be in writing. (2) Describe the location and nature of the violation of this article. (3) Establish a time for the correction of such violation and give notice of the appeal recourse. (4) Be served upon the owner. Such notice shaIl be deemed to be properly served upon such owner if a copy thereof is: a. Served upon him personally; b. Sent by registered or certified mail; or c. Upon failure to effect notice through subsections (4)a and (4)b of this section, be posted at a conspicuous place in or about the dwelling which is affected by the notice. (Code 1982, ~ 9-142) Sec. 12-155. Variance. Appeals of interpretation or variance of this article shaIl be made to the city manager. If not satisfied, further appeal may be made to the board of adjustments and appeals according to established city procedures. The board will hear requests for variance and interpretation of this article. The board may grant variances when the strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, when it is demonstrated that such action will be in keeping with the spirit and intent of this article. (Code 1982, ~ 9-143) Sec. 12- 156. Violations. Any person failing to comply with this article shall be guilty of a misdemeanor and, upon conviction, shall be punished in accordance with section 1-15. (Code 1982, ~ 9-144) CD12:25 2006 INTERNATIONAL PROPERTY MAINTENACE CODE (IMPC) CHAPTER 1 ADMINISlRA liON SECTION 101 GENERAL 101.1 Title. These regulations shall be known as the Property Maintenance Code of [NAME OF JURISDICTION], hereinafter referred to as "this code." 101.2 Scope. The provisions of this code shall apply to all existing residential and nonresidential structures and all exist- ing premises and constitute minimum requirements and stan- dards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safely, safely from fire and other hazards, and for safe and sanitary maintenance; the responsibilily of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penal- ties. 101.3 Intent. This code shall be construed to secure its expressed intent, which is to ensure public health, safely and welfare in so far as they are affected by the contiuued occu- pancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provi- sions shall be altered or repaired to provide a minimum level of health and safely as required herein. D 101.4 Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitu- tional, such decision shall not alfect the validily of the remain- ing portions of this code. SECTION 102 APPLICABILITY 102.1 General. The provisions of this code shall apply to all matters affecting or relating to structures and premises, as set forth in Section 10 1. Where, in a specific case, different sec- tions of this code specify different requirements, the most restrictive shall govern. 102.2 Maintenance. Equipment, systems, devices and safe- guards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maiutained in good workiug order. No owner, operator or occupant shall cause any service, facilily, equipment or utilily which is required under this section to be removed from or shut off from or discontinued for any occu- pied dwelling, except for such temporary interruption as neces- sary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safely systems and devices in existing structures. Except as otherwise speci- fied herein, the owner or the owner's desiguated agent shall be responsible for the maintenance of buildings, structures and premises. 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE'" 102.3 Application of other codes. Repairs, additions or alter- ations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Interna- tional Building Code, International Fuel Gas Code, Interna- tional Mechanical Code and the ICe Electrical Code. Nothing in this code shall be construed to cance~ modify or set aside any provision of the International Zoning Code. 102.4 Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the juris- diction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and insanitary. 102.5 Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shalI be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's installation instructions. 102.6 Historic buildings. The provisions of this code shall uot be mandatory for existing buildings or structures desiguated as historic buildings wheu such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare. 102.7 Referenced codes and standards. The codes and stan- dards referenced in this code shall be those that are listed in Chapter 8 and considered part of the requirements of this code to the prescribed extent of each such reference. Where differ- ences occur between provisions of this code .and the referenced standards, the provisions of this code shall apply. 102.8 Requirements not covered by code. Requirements nec- essary for the strength, stabilily or proper operation of an exist- ing fixture, structure or equipment, or for the public safely, health and general welfare, not specifically covered by this code, shall be determined by the code official. SECTION 103 DEPARTMENT OF PROPERTY MAINTENANCE INSPECTION 103.1 General. The department of property maintenance inspection is hereby created and the executive official in charge thereof shall be known as the code official. 103.2 Appointment. The code official shall be appointed by the chief appointing authorily of the jurisdiction; and the code official shall not be removed from office except for cause and after full opportunity to be heard on specific and relevant charges by and before the appointing authorily. 103.3 Deputies. In accordance with the prescnbed procedures of this jurisdiction and with the concurrence of the appointing authorily, the code official shall have the authorily to appoint a deputy code official, other related technical officers, inspectors and other employees. 1 ADMINISTRATION 103.4 Liability. The code official, officer or employee charged with the enforcement of this code, while acting for the jurisdic- tion, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the department of property mainte- nance inspection, acting in good faith and without malice, shall be free from liability for acts performed under any of its provi- sions or by reason of any act or omission in the performance of official duties in connection therewith. 103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in the following schedule. [JURISDICTION TO INSERT APPROPRIATE SCHEDULE.] SECTION 104 DUTIES AND POWERS OF THE CODE OFFICIAL 104.1 General. The code official shall enforce the provisions of this code. 104.2 Rule-making authority. The code official shall have authority as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and proce- dures; to interpret and implement the provisions of this code; to secure the intent thereof; and to designate requirements appli- cable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire perfor- mance requirements specifically provided for in this code, or of violating accepted engineering methods involving public safety. 104.3 Inspections. The code official shall make all ofthe required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspec- tions shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subjectto the approval of the appointing authority. 104.4 Rigbt of entry. The code official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and sei- zures. If entry is refused or not obtained, the code official is authorized to pursue recourse as provided by law. 104.5 Identification. The code official shall cany proper iden- tification when inspecting structures or premises in the perfor- mance of duties under this code. 104.6 Notices and orders. The code official shall issue all nec- essary notices or orders to ensure compliance with this code. 2 104.7 Department records. The code official shall keep offi- cial records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records as long as the building or struc- ture to which such records relate remains in existence, unless otherwise provided for by other regulations. D SECTION 105 APPROVAL 105.1 Modifications. Whenever there are practical difficulties involved in canying out the provisions of this code, the code official shall have the authority to grant modifications for indi- vidual cases, provided the code official shall first tind that spe- cial individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files. 105.2 Alternative materials, methods and equipment. The provisions of this code are not intended to prevent the installa- tion of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the code offi- cial tinds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the mate- rial, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. 105.3 Required testing. Whenever there is insufficient evi- dence of compliance with the provisions of this code, or evi- dence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction. 105.3.1 Test methods. Test methods shall be as specified in this code or by other recognized test standards. In the abseuce of recognized and accepted test methods, the code official shall be permitted to approve appropriate testing procedures performed by an approved agency. 105.3.2 Test reports. Reports oftests shall be retained by the code official for the period required for retention of pub- lic records. 105.4 Material and equipment reuse. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when neces- sary, placed in good and proper working condition and approved. SECTION 106 VIOLATIONS 106.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code. 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE'" 106.2 Notice of violation. The code official shall serve a notice of violation or order in accordance with Section 107. 106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with I. Section 107 shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the vio- lation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, cor- rect or abate such violation, or to require the removal or tenni- nation of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. 106.4 Violation penalties. Any person who shall violate a pro- vision of this code, or fail to comply therewith, or with any of the requiremeots thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a violation con- tinues after due notice has beeo served shall be deemed a sepa- rate offense. 106.5 Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, cor- rect or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, con- duct, business or uti1ization of the building, structure or pre- mises. SECTION 107 NOTICES AND ORDERS 107.1 Notice to person responsible. Whenever the code offi- cial determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3 to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 108.3. 107.2 Form. Such notice prescribed in Section 107.1 shall be in accordance with all of the following: 1. Be in writing. 2. fuclude a description of the real estate sufficient for iden- tification. 3. fuclude a statement of the violation or violations and why the notice is being issued. 4. fuclude a correction order allowing a reasonable time to make the repairs and improvemeots required to bring the dwelling unit or structure into compliance with the pro- visions of this code. 5. fuform the property owner of the right to appeal. 6. fuclude a statemeot of the right to file a lieo in accordance with Section 106.3. 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE~ ADMINISTRATION 107.3 Method of service. Such notice shall be deemed to be properly served if a copy thereof is: I. Delivered personally; 2. Sent by certified or first-class mail addressed to the last known address; or 3. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicu- ous place in or about the structure affected by such notice. 107.4 Penalties. Peoalties for noncompliance with orders and notices shall be as set forth in Section 106.4. 107.5 Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been com- plied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledg- ing the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. SECTION 108 UNSAFE STRUCTURES AND EQUIPMENT 108.1 GeneraL When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawfu~ such structure shall be condemned pursuant to the provisions of this code. 108.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occu- pants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structura1ly unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. 108.1.2 Unsafe eqnipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure. 108.1.3 Structure unfit for human occnpancy. A struc- ture is unfit for human occupancy whenever the code offi- cial finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, 3 ADMINISTRATION sanitary or heating facilities or other essential equipment required hy this code, or because the location of the struc- ture constitutes a hazard to the occupants of the structure or to the public. 108.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law. 108.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure ofthe owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource. 108.3 Notice. Whenever the code official has condemned a structure or equipment under the provisions ofthis section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Section 107.3. If the notice pertains to equip- ment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in Section 107.2. 108.4 Placarding. Upon fuilure of the owner or person respon- sible to comply with the notice provisions within the time given, the code official shall post on the premises or on defec- tive equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. 108.4.1 Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code. 108.5 Prohibited occupancy. Any occupied structure con- demned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code. SECTION 109 EMERGENCY MEASURES 109.1 Imminent danger. When, in the opinion of the code offi- cial, there is imminent danger of failure or collapse of a build- ing or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occu- pation of the structure, or when there is actual or potential dan- 4 ger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. 109.2 Temporary safeguards. Notwithstanding other provi- sions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. 109.3 Closing streets. When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized. 109.4 Emergency repairs. For the prnposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible. 109.5 Costs of emergency repairs. Costs incurred in the per- formance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs. 109.6 Hearing. Any person ordered to take emergency mea- sures shall comply with such order forthwith. Any affected per- son shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code. SECTION 110 DEMOLITION 110.1 General. The code official shall order the owner of any premises upon which is located any structure, which in the code official's judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, to demolish and remove such structure. 110.2 Notices and orders. All notices and orders shall comply with Section 107. 110.3 Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE'" ADMINISTRATION code official shall cause the structure to be demolished and removed, either through an available public agency or by con tract or arrangement with private persons, and the cost of sud demolition and removal shall be charged against the real estat, upon which the structure is located and shall be a lien upon sud real estate. 110.4 Salvage materials. When any structure has beer ordered demolished and removed, the governing body or othe designated officer under said contract or arrangement aforesai< shall have the right to sell the salvage and valuable materials a the highest price obtainable. The net proceeds of such sale after deducting the expenses of such demolition and removal shall be promptly remitted with a report of such sale or transac tion, including the items of expense and the amounts deducted for the person who is entitled thereto, subject to any order of court. If such a surplus does not remain to be turned over, th, report shall so state. SECTION 111 MEANS OF APPEAL a this provided days after application for intent of this been incorrectly fully apply, isfied by other means. 111.2 Membership of board. The board of appeals shall con sist of a minimum of three members who are qualified by expe rience and training to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction. The cod, official shall be an ex-officio member but shall have no vote on any matter before the board. The board shall be appointed by the chie appointing authority, and shall serve staggered and overlapping terms. 111.2.1 Alternate members. ity shall appoint two or be called by the board chainnan to hear appeals during the absence or disqualification of shall possess the qualifications ship. 111.2.2 Chairman. The board shall annually select one of its members to serve as chainnan. 111.2.3 Disqualification of member. A member shall not hear an appeal in which that member has a persona~ profes sional or financial interest. 111.1 appeal. Any official or right to application for decision, notice be based the rules a legally of Application decision of code shall for the code have the written day the appeal shall code or interpreted, the person a notice appeal to appeal or directly affected or order issued the board of is filed within order was served. claim that the adopted thereunder this code do code are adequately that a the on or the requirements provisions of this The more chief alternate appointing members who a required member. for Alternate board 111.2.4 Secretary. The designate a qualified person board. The secretary shall file a detailed record of all pro- ceedings in the office of the chief administrative officer. 111.2.5 Compensation of members. Compensation of members shall be determined by law. chief to officer secretary to administrative serve as 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE'" b~ unde appeals 2( AI tru< hav, no sat author. shal member: member. shal tb, 1.3 Notice of meeting. The board shail meet upon notice m the chairman, within 20 days of the filing of an appeal, or at stated periodic meetings. 1.4 Open hearing. Ail hearings before en to the public. The appeilant, e, the code official and any ected shall be given an opportunity to ill consist of not less than two-thirds p. 111.4.1 Procedure. The able to the public which a hearing will be conducted. The procedures shail not require compliance with strict rules of evidence, but shail mandate that only relevant information be received. 1.5 Postponed hearing. When the full board is not present hear an appea~ either the appeilant or the appeilant's repre- ltative shall have the right to request a postponement of the rring. 1.6 Board decision. The board shail modifY oneverse the decision of the code official only by a concurring vote of a majority of the total mber of appointed board members. 111.6.1 Records and copies. The decision ofthe board shall be recorded. Copies shall be furnished to the appeilant and to the code official. 111.6.2 Administration. The code official shall take imme- diate action in accordance with the decision of the board. 1.7 Conrt review. Any person, whether or not a previous party of the appeal, shail have the right to apply to the appropri- court for a writ of certiorari to correct errors oflaw. Appli- ion for review shall be made in the manner and time required by law foilowing the filing of the decision in the office of the chief administrative icer. the the board appellant's whose heard. the shall person be of be representa- interests are A board quorum member- board through shall the adopt secretary and make procedures avail- under 1.8 Stays of enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the emoree- :nt of the notice and order until the appeal is heard by the appeals board. CHAPTER 2 DEFINITIONS SECTION 201 GENERAL 201.1 Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter. 201.2 Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular. 201.3 Terms defined in other codes. Where terms are not de- fined in this code and are defined in the International Building Code, International Fire Code, International Zoning Code. In- ternational Plumbing Code, International Mechanical Code or the ICC Electrical Code, such terms shail have the meanings ascribed to them as stated in those codes. 201.4 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shail have ordinarily accepted meanings such as the context implies. 201.5 Parts. Whenever the words "dwelling unit," "dwelling," '1>remises," "building," "rooming house," "rooming unit" "housekeeping unit" or "storY' are stated in this code, they shail be construed as though they were followed by the words "or any part thereof." GENERAL DEFINITIONS APPROVED. Approved by the code official BASEMENT. That portion of a building which is partly or completely below grade. BATHROOM. A room containing plumbing fixtures includ- ing a bathtob or shower. BEDROOM. Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit. CODE OFFICIAL. The official who is charged with the administration and enforcement of this code, or any duly authorized representative. CONDEMN. To adjudge unfit for occupancy. IB] DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be pennitted to be for use under, on or above a said lot or lots. f::Cr'Tlnlo.l ")n") or tors of such premises. 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE'" opera- EXTERMINATION. The coutrol and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods. GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption offood. GUARD. A building component or a system of building com- ponents located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walk- ing surface to a lower level. HABITABLE SPACE. Space in a structure for living, sleep- ing, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitahle spaces. HOUSEKEEPING UNIT. A room or group of rooms form- ing a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower. IMMINENT DANGER A condition which could cause seri- ous or life-threatening injury or death at any time. INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests. INOPERABLE MOTOR VEIDCLE. A vehicle which can- not be driven upon the public streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power. LABELED. Devices, equipment, appliances, or materials to which has been affixed a labe~ seal, symbol or other identify- ing mark of a nationally recognized testing laboratory, inspec- tion agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and by whose label the manufac- turer attests to compliance with applicable nationally recog- nized standards. LET FOR OCCUPANCY OR LET. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or struchrre by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land. OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied. OCCUPANT. Any individual living or sleeping in a building, or having possession of a space within a building. OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors. 7 DEFINITIONS OPERATOR. Any person who has charge, care or control of a strocture or premises which is let or offered for occupancy. OWNER. Any person, agent, operator, frrm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such per- son, and the executor or administrator of the estate of such per- son if ordered to take possession of real property by a court. PERSON. An individual, corporation, partnership or any other group acting as a unit. PREMISES. A lot, plot or parcel of land, easement or public way, including any structures thereon. PUBLIC WAY. Any street, alley or similar parcel ofland essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use. ROOMING HOUSE. A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling. ROOMING UNIT. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. RUBBISH. Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood; excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials. IB] SLEEPING UNIT. A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prolnbited, or failed to do an act which the defendant was legally required to do. STRUCTURE. That which is built or constructed or a portion thereof. TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit. TOILET ROOM. A room containing a water closet or urinal but not a bathtob or shower. VENTILATION. The natural or mechanical process of sup- plying conditioned or unconditioned air to, or removing such air from, any space. WORKMANLIKE. Executed in a skilled manner; e.g., gen- erally plumb, level, square, in line, undamaged and without marring adjacent work. YARD. An open space on the same lot with a structure. 8 2006 INTERNATIONAL PROPERlY MAINTENANCE CODE .. CHAPTER 3 GENERAL REQUIREMENTS SECTION 301 GENERAL 301.1 Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. 301.2 Responsibility. The owner of the premises shall main- tain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the require- ments of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sauitary and safe condition that part of the dwelling unit, rooming unit, housekeeping uuit or premises which they occupy and control. 301.3 Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sauitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. SECTION 302 EXTERIOR PROPERTY AREAS 302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occu- pant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sauitary condition. 302.2 Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Exception: Approved retention areas and reservoirs. 302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. 302.4 Weeds. All premises and exterior property shall be main- tained free from weeds or plant growth in excess of Gurisdic- tion to insert height in inches). All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Upon fuilure of the owner or agent having charge of a prop- erty to cut and destroy weeds after service of a notice of viola- tion, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having juris- diction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE'" property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. 302.5 Rodeut harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation. 302.6 Exhaust vents. Pipes, ducts, conductors, funs or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abut- ting or adjacent public or private property or that of another tenant. 302.7 Accessory structnres. All accessory structures, includ- ing detached garages, fences and walls, shall be maintained structurally sound and in good repair. 302.8 Motor vehicles. Except as provided for in other regula- tions, no inoperative or uulicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. 302.9 Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said sur- face to an approved state of maintenance and repair. SECTION 303 SWIMMING POOLS, SPAS AND HOT TUBS 303.1 Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition, and in good repair. 303.2 Enclosures. Private swimming pools, hot tubs and spas, containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier at least 48 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latch- ing. Where the self-latching device is less than 54 inches (1372 mm) above the bottom of the gate, the release mechauism shall be located on the pool side of the gate. Self-closing and self- latching gates shall be maintained such that the gate will posi- tively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure 9 GENERAL REQUIREMENTS I shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. Exception: Spas or hot tubs with a safety cover that com- plies with ASTM F 1346 shall be exempt from the provi- sions of this section. SECTION 304 EXTERIOR STRUCTURE 304.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. 304.2 Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay- resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and sur- faces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. IF] 304.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the properly. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 nun) high with a minimum stroke width of 0.5 inch (12.7 nun). 304.4 Structnral members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. 304.5 Foundation walls. All foundation walls shall be main- tained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. 304.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a man- ner that creates a public nuisance. 304.8 Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. 10 304.9 Overhang extensions. All overhang extensions includ- ing, but not limited to canopies, marquees, signs, metal awn- ings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coat- ing materials, such as paint or similar surface treatruent. 304.10 Stairways, decks, porches and balconies. Every exte- rior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. 304.11 Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather- coating materials, such as paint or similar surface treatment. 304.12 Handrails and guards. Every handrail and guard shall be finnly fastened and capable of supporting nonnally imposed loads and shall be maintained in good condition. 304.13 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. 304.13.2 Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. 304.14 Insect screens. During the period from [DATE] to [DATE], 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 uti- lized in food for human consumption are processed, manufac- tured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 nun), and every screen door used for insect control I shall have a self-closing device in good working condition. Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent funs, are employed. 304.15 Doors. All exterior doors, door assemblies and hard- ware shall be maintained in good condition. Locks at all en- trances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. 304.16 Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and sur- face drainsge water. 304.17 Gnards for basement windows. Every basement win- dow that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents. 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE" 304.18 Building security. Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be pro- vided with devices designed to provide security for the occu- pants and property within. 304.18.1 Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or D let shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a lock throw of not less than I inch (25 rnm). Such deadbolt locks shall be installed according to the man- ufacturer's specifications and maintained in good working order. For the purpose of this section, a sliding bolt shall not D be considered an acceptable deadbolt lock. 304.18.2 Windows. Operable windows located in whole or in part within 6 feet (1828 mm) above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device. 304.18.3 Basement hatchways. Basement hatchways that provide access to a dwelling unit, rooming unit or house- keeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry. SECTION 305 INTERIOR STRUCTURE 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sani- tary condition. Every owner of a structure containing a room- ing house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupan- cies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. 305.2 Structural members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. 305.3 Interior surfaces. All interior surfaces, including win- dows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected. 305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porcb, deck or other walking surface shall be main- tained in sound condition and good repair. 305.5 Handrails and gnards. Every handrail and guard shall be firmly fustened and capable of supporting normally imposed loads and shall be maintained in good condition. 305.6 Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, head- ers or tracks as intended by the manufacturer of the attachment hardware. 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE'" GENERAL REQUIREMENTS SECTION 306 HANDRAILS AND GUARDRAILS 306.1 General. Every exterior and interior flight of stairs hav- ing more fuan four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 rnm) high or more than 42 inches (1067 mm) high measured verti- cally above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than 30 inches (762 rnm) high above the floor ofthe landing, bal- cony, porch, deck, or ramp or other walking surface. Exception: Guards shall not be required where exempted by the adopted building code. SECTION 307 RUBBISH AND GARBAGE 307.1 Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. 307.2 Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers. 307.2.1 Rubbish storage facilities. The owner of every occupied premises shall supply approved covered contain- ers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish. 307.2.2 Refrigerators. Refrigerators and similar equip- ment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors. 307.3 Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers. 307.3.1 Garbage facilities. The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incin- erator unit in the structure available to the occupants in each dwelling unit; or an approved leakproof, covered, outside garbage container. 307.3.2 Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal. SECTION 308 EXTERMINATION 308.1 Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation. 11 GENERAL REQUIREMENTS 308.2 Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leas- ing the structure. 308.3 Single occupant The occupant ofa one-fumily dwelling or of a single-tenant nonresidential structure shall be responsi- ble for extermination on the premises. 308.4 Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shaIl be responsible for extermination. 308.5 Occupant. The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure. Exception: Where the infestations are caused by defects in the structure, the owner shaIl be responsible for extermina- tion. 12 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@ CHAPTER 4 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS SECTION 401 GENERAL 401.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure. 401.2 Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in compli- ance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any pre- mises lhat do not comply wilh lhe requirements of this chapter. 401.3 Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the International Building Code shall be permitted. SECTION 402 LIGHT 402.1 Habitable spaces. Every habitable space shall have at least one window of approved size facing directly to lhe out- doors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less lhan 3 feet (914 mm) from the window and extend to a level above lhat of lhe ceiling of lhe room, such window shall not be deemed to fuce directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room. Exception: Where natural light for rooms or spaces wilhout exterior glazing areas is provided through an adjoining room, lhe unobstructed opening to the adjoining room shall be at least 8 percent of lhe floor area of the interior room or space, but not less lhan 25 square feet (2.33 m'). The exte- rior glazing area shall be based on lhe total floor area being served. 402.2 Common halls and stairways. Every common hall and stairway in residential occupancies, olher than in one- and two- fumily dwellings, shall be lighted at all times wilh at least a 60- watt standard incandescent light bulb for each 200 square feet (19 m') of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than 30 feet (9144 mm). In other than residential occupancies, means of egress, including exterior means of egress, stairways shall be illuminated at all times lhe building space served by lhe means of egress is occupied with a minimum of 1 footcandle (11 lux) at floors, landings and treads. 402.3 Other spaces. All other spaces shall be provided with natural or artificial light sufficient to permit lhe maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures. 2006 INTERNATIONAL PROPERTY MAINTENANCE CODEw SECTION 403 VENTILATION 403.1 Habitable spaces. Every habitable space shall have at least one openable window. The total openable area of the win- dow in every room shall be equal to at least 45 percent ofthe minimum glazed area required in Section 402.1. Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to lhe adjoining room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 m'). The ventilation open- ings to lhe outdoors shall be hased on a total floor area being ventilated. 403.2 Bathrooms and toilet rooms. Every bathroom and toi- let room shall comply wilh the ventilation requirements for habitable spaces as required by Section 403.1, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall dis- charge to the outdoors and shall not be recirculated. 403.3 Cooking facilities. Unless approved through lhe certifi- cate of occupancy, cooking shall not be pennitted in any room- ing unit or dormitory unit, and a cooking facility or appliance shall not be pennitted to be present in the rooming unit or dor- mitory unit. Exceptions: 1. Where specifically approved in writing by the code official. 2. Devices such as coffee pots and microwave ovens shall not be considered cooking appliances. 403.4 Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the con- taminating agent at lhe source. Air shall be exhausted to the exterior and not be recirculated to any space. 403.5 Clothes dryer exhaust. Clolhes dryer exhaust systems shall he independent of all olher systems and shall be exhausted in accordance with the manufacturer's instructions. I SECTION 404 OCCUPANCY LIMITATIONS 404.1 Privacy. Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from olher adjoining spaces. 404.2 Minimum room widths. A habitable room, other than a kitchen, shall not be less than 7 feet (2134 mm) in any plan dimension. Kitchens shall have a clear passageway of not less 13 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS than 3 feet (914 rom) between counterfronts and appliances or counterfronts and walls. 404.3 Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than 7 feet (2134 rom). Exceptions: I. In one- and two-family dwellings, beams or girders spaced not less than 4 feet (1219 rom) on center and projecting not more than 6 inches (152 rom) below the required ceiling height. 2. Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than 6 feet 8 inches (2033 rom) with not less than 6 feet 4 inches (1932 rom) of clear height under beams, gird- ers, ducts and similar obstructions. 3. Rooms occupied exclusively for sleeping, study or similar pmposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least 7 feet (2134 rom) over not less than one-third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of 5 feet (1524 rom) or more shall be included. 404.4 Bedroom and living room requirements. Every bed- room and living room shall comply. with the requirements of Sections 404.4.1 through 404.4.5. 404.4.1 Room area. Every living room shall contain at least 120 square feet (11.2 m') and every bedroom shall con- tain at least 70 square feet (6.5 m'). 404.4.2 Access from bedrooms. Bedrooms shall not con- stitute the only means of access tu other bedrooms or habit- able spaces and shall not serve as the only means of egress from other habitable spaces. Exception: Units that contain fewer than two bedrooms. 404.4.3 Water closet accessibility. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one water closet and lavatory located in the same story as the bedroom or an adjacent story. 404.4.4 Prohibited occnpancy. Kitchens and nonhabitable spaces shall not be used for sleeping pmposes. 404.4.5 Other reqnirements. Bedrooms shall comply with the applicable provisions of this code including, but not lim- ited to, the light, ventilation, room area, ceiling height and room width requirements of this chapter; the plumbing facilities and water-heating facilities requirements of Chap- ter 5; the heating facilities and electrical receptacle require- ments of Chapter 6; and the smoke detector and emergency escape requirements of Chapter 7. 1404.5 Overcrowding. The number of persons occupying a dwelling unit shall not create conditions that, in the opinion of 14 the code official, endanger the life, health, safety or welfare of I the occupants. 0 404.6 Efficiency unit. Nothing in this section shall prolnbit an efficiency living unit from meeting the following require- ments; 1. A unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square feet (20.4 m'). A unit occupied by three occupants shall have a clear floor area of not less than 320 square feet (29.7 In2). These required areas shall be exclusive of the areas required by Items 2 and 3. 2. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided. 3. The unit shall be provided with a separate bathroom con- taining a water closet, lavatory and bathtub or shower. 4. The maximum number of occupants shall be three. 404.7 Food preparation. All spaces to be occupied for food preparation pmposes shall contain suitable space and equip- ment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for tem- porary storage. 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE .. CHAPTER 5 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS SECTION 501 GENERAL 501.1 Scope. The provisions of this chapter shall govern the minimum plnmbing systems, facilities and phnnbing fixtures to be provided. 501.2 Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure or premises which does not comply with the require- ments of this chapter. [P] SECTION 502 REQUIRED FACILITIES 502.1 Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condi- tion. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such w?ter closet is located. A kitchen sink shall not be used as a substitute for the required lavatory. 502.2 Rooming houses. At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units. 502.3 Hotels. Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bath- tub or shower having access from a public hallway shall be pro- vided for each ten occupants. 502.4 Employees' facilities. A minimum of one water closet, one lavatory and one drinking facility shall be available to employees. 502.4.1 Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or dis- posable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms. [P] SECTION 503 TOILET ROOMS 503.1 Privacy. Toilet rooms and bathrooms shall provide pri- vacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling. 503.2 Location. Toilet rooms and bathrooms serving hotel units, rooming units or donnitory units or housekeeping units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway. 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE~ 503.3 Location of employee toilet facilities. Toilet facilities shall have access from within the employees' working area. The required toilet facilities shall be located not more than one story above or below the employees'working area and the path of travel to such fucilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate facilities or combined employee and public facilities. Exception: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the employees' regular working area to the facilities. 503.4 Floor surface. In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surfuce to permit such floor to be easily kept in a clean and sanitary condition. [P] SECTION 504 PLUMBING SYSTEMS AND FIXTURES 504.1 General. All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of per- forming the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition. 504.2 Fixture clearances. Plumbing fixtures shall have ade- quate clearances for usage and cleaning. 504.3 Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occu,- pants or the structure by reason of inadequate service, inade- quate venting, cross connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the code official shall require the defects to be corrected to elimi- nate the hazard. SECTION 505 WATER SYSTEM 505.1 General. Every sink, lavatory, bathtub or shower, drink- ing fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the International Plumbing Code. IPI 505.2 Contamination. The water supply shall be main- tained free from contamination, and all water inlets for plumb- ing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin fuucets, janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in 15 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS place, shall be protected by an approved atmospheric-type vac- uum breaker or an approved permanently attached hose con- nection vacuum breaker. 505.3 Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks. 505.4 Water heating facilities. 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 11 OOF (430C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combus- tion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. [PI SECTION 506 SANITARY DRAINAGE SYSTEM 506.1 General. All plumbing fixtures shall be properly con- nected to either a public sewer system or to an approved private sewage disposal system. 506.2 Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructious, leaks and defects. [PI SECTION 507 STORM DRAINAGE 507.1 General. Drainage of roofS and paved areas, yards and courts, and other open areas on the premises shall not be dis- charged in a manner that creates a public nuisance. 16 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE'" CHAPTER 6 MECHANICAL AND ELECTRICAL REQUIREMENTS SECTION 601 GENERAL 601.1 Scope. The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to he provided. 601.2 Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equip- ment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises which does not comply with the require- ments of this chapter. SECTION 602 HEATING FACILITIES 602.1 Facilities required. Heating facilities shall be provided in structures as required by this section. 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room tempera- ture of 680F (200C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shail not be used to provide space heating to meet the requirements of this section. Exception: In areas where the average monthly tempera- ture is above 300F (-loC), a minimum temperature of 650F (180C) shall be maintained. 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from [DATE] to [DATE] to maintain a temperature of not less than 680F (20oC) in all habitable rooms, bathrooms, and toilet rooms. Exceptions: I. When the outdoor temperature is below the winter outdoor design temperature for the locality, mainte- nance of the minimum room temperature shaU not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall he as indicated in Appendix D of the International Plumbing Code. 2. In areas where the average monthly temperature is above 300F (-1 oC) a minimum temperature of 650F (180C) shaU be maintained. 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from [DATE] to [DATE] to maintain a temperature of not less than 650F (180C) during the period the spaces are occupied. 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE'" Exceptions: I. Processing, storage and operation areas that require cooling or special temperature conditions. 2. Areas in which persons are primarily engaged in vig- orous physical activities. 602.5 Room temperature measurement. The required room temperatures shall be measured 3 feet (914 mm) ahove the floor near the center of the room and 2 feet (610 mm) inward from the center of each exterior wall. SECTION 603 MECHANICAL EQUIPMENT 603.1 Mechanical appliances. AU mechanical appliances, fITeplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly instaUed and maintained in a safe working condition, and shall be capable of performing the intended function. 603.2 Removal of combustion products. AU fuel-burning equipment and appliances shaU be connected to an approved chimney or vent. Exception: Fuel-burning equipment and appliances which are labeled for unvented operation. 603.3 Clearances. All required clearances to combustible materials shaU be maintained. 603.4 Safety controls. All safety controls for fuel-burning equipment shaU be maintained in effective operation. 603.5 Combustion air. A snpply of air for complete combus- tion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning eqnipment. 603.6 Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel-buming appli- ance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shaU not be instaUed unless labeled for such purpose and the installation is specifically approved. SECTION 604 ELECTRICAL FACILITIES 604.1 Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section 605. 604.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional fucilities in accordance with the ICC Electrical Code. Dwelling units shall be served by a three-wire, 120/240 volt, single- 17 MECHANICAL AND ELECTRICAL REQUIREMENTS phase electrical service having a rating of not less than 60 amperes. 604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. SECTION 605 ELECTRICAL EQUIPMENT 605.1 Installation. All electrical equipment, wiring and appli- ances shall be properly installed and maintained in a safe and approved manner. 605.2 Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. I 605.3 Luminaires. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and fur- I nace room shall contain at least one electric luminaire. SECTION 606 ELEVATORS, ESCALATORS AND DUMBWAITERS 606.1 General. Elevators, dumbwaiters and escalators shall be I maintained in compliance with ASME A17. I. The most cur- D rent certification of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, or the certificate shall be available for public inspection in the I office of the building operator. The inspection and tests shall be ... performed at not less than the periodical intervals listed in . ASME Al7.I, Appendix N, except where otherwise specified by the authority having jurisdiction. 606.2 Elevators. In buildings equipped with passenger eleva- tors, at least one elevator shall be maintained in operation at all times when the building is occupied. Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing. SECTION 607 DUCT SYSTEMS 607.1 General. Duct systems shall be maintained free of obstructions and shall be capable of performing the required function. 18 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@ CHAPTER 7 FIRE SAFETY REQUIREMENTS SECTION 701 GENERAL 701.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for fIre safety relating to structures and exterior premises, including fire safety fucilities and equipment to be provided. 701.2 ResponsibilitY. The owner of the premises shall provide and maintain such fire safety facilities and equipment in com- pliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any pre- mises that do not comply with the requirements of this chapter. IF] SECTION 702 MEANS OF EGRESS 702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the Inter- national Fire Code. 702.2 Aisles. The required width of aisles in accordance with the International Fire Code shall be unobstructed. 702.3 Locked doors. All means of egress doors shall be readily openable 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 pennitted by the International Building Code. 702.4 Emergency escape openings. Required emergency escape openings shall be maintained in accordance with the code in effect at the time of construction, and the following. Required emergency escape and rescue openings shall be oper- ational from the inside of the room without the use of keys or tools. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening. IF] SECTION 703 FIRE-RESISTANCE RATINGS 703.1 Fire-resistance-rated assemblies. The required fire- resistance rating of fire-resistance-rated walls, fire stops, shaft enclosures, partitions and floors shall be maintained. 703.2 Opening protectives. Required opening protectives shall be maintained in an operative condition. All fIre and smokestop doors shall be maintained in operable condition. 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE'" Fire doors and smoke barrier doors shall not be blocked or obstructed or otherwise made inoperable. IF] SECTION 704 FIRE PROTECTION SYSTEMS 704.1 General. All systems, devices and equipment to detect a fire, actuate an alann, or suppress or control a fire or any com- bination thereof shall be maintained in an operable condition at all times in accordance with the International Fire Code. 704.2 Smoke alarms. Single or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4 and in dwellings not regulated in Group R occupancies, regardless of occupant load at all of the following locations: I. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms. 2. In each room used for sleeping purposes. 3. In each story within a dwelling uni~ including basements and cellars but not including crawl spaces and uninhabit- able attics. In dwellings or dwelling units with split lev- els and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffIce for the adjacent lower level provided that the lower level is less than one full story below the upper level. Single or multiple-station smoke alarms shall be installed in other groups in accordance with the International Fire Code. 704.3 Power source. In Group R occupancies and in dwellings not regulated as Group R occupancies, single-station smoke alanns shall receive their primary power from the building wir- ing provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alanns shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for overcurrent protection. Exception: Smoke alanns are pennitted to be solely battery operated in buildings where no construction is taking place, buildings that are not served from a commercial power source and in existing areas of buildings undergoing alter- ations or repairs that do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for building wiring without the removal of interior finishes. 704.4 Interconnection. Where more than one smoke alarm is required to be installed within an individual dwelling unit in Group R-2, R-3, R-4 and in dwellings not regulated as Group R occupancies, the smoke alanns shall be interconnected in such 19 FIRE SAFETY REQUIREMENTS a manner that the activation of one alarm will activate all of the alarms in the individual unit. The alarm shaIl be clearly audible in all bedrooms over background noise levels with all interven- ing doors closed. Exceptions: I. Interconnection is not required in buildings which are not undergoing alterations, repairs, or construction of any kind. 2. Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior waIl or ceiling finishes expos- ing the structure, unless there is an attic, crawl space or basement available which could provide access for inter- connection without the removal of interior finishes. 20 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE"' MEMORANDUM TO: FROM: SUBJECT: DATE: Greg Copeland, City Manager; Dave Fisher Building Official Michael Samuelson, Code Enforcement Officer Code Enforcement Budget Review for 2007 and 2008 October 3, 2007 INTRODUCTION As was introduced at the September 12, 2007 Housing and Redevelopment Authority (HRA) meeting, members will be reviewing both the Actual 2007 and the Proposed 2008 Budgets for the Code Enforcement division. City staff submitted to the Maplewood City Council the total Maplewood City Budget on September 7,2007. The full budget is currently being reviewed by the City Council at weekly workshops that began on October 1, 2007. The review and presentation for the Inspections, Planning and Building Operations department, of which the Code Enforcement division is part of, is set for Monday, October 8, 2007 at 5 pm. DISCUSSION Supplied for your review is a year-to-date report on budget expenditures for the Code Enforcement division for 2007. Please note that this division is a part of the Inspections, Planning and Building Operations Department and some line item expenses (such as postage and telephone) have been absorbed within the Administrative and other portions of the total departmental budget for 2007. A detailed review of these Y-T-D expenditures will be conducted atthe meeting. You have also been supplied the cover letter to the 2008 Maplewood Budget from City Manager Greg Copeland and a memo from him on the schedule of City Council budget workshops from October 1 through November 12, 2007. Next in your packet you will find the Proposed 2008 Budget breakdown for the Code Enforcement division as was submitted to the City Council. The major changes from the 2007 to the 2008 budgets are: . The line Item for Vehicles in 2008 is now at zero (0) as this was a one time only expense. . The line item for WageslTemporary has been reduced from $10,920 in 2007 to zero (0) in 2008. . The line item for Wages/Full-Time Employees increased from $51,600 in 2007 to $56,802 in 2007 to reflect actual costs and expected merit and/or AFSCME negotiated wage increases. . The total amount budgeted for code enforcement related activities in 2007 was $119,930 and is proposed to be reduced to $105,405 for 2008. P:IHRAICE Officer Budget Memo. 1 00307 ... -1:1 NO 00.... '" .... on 00001'--10 on on ... e CII <')0 0"'''' '" '" '" OOOO<ON N N Q.~ lOci dmcri <0 ~ 0 dcicicicri-.:f <0 <0 on ~'" '" "'0 '" '" ~ iIi Oi Cl Cl III CII COO)lOOOOOr--COOOOOO(") <') CO ll. l.l ~"'f:I'-:~~~q~~qqqql"'-;~ ~ c.. I:: vNLO..-ONOMOOOOOO..... ;:: .!!! 1Or--<<>OVVOLONIOOLONc:or-- O..-...-OOVLOOV.....NOr--(i)<O..... '" '" ri' lri'o:ir-irr)"lt-u)' 'NN"":"":' ci ci CQ N I I I "It '" ./!l :g 0 0 0 0 0 0 000 0 00 0 0 0 0 0 0 0 0 0 0 000 0 00 0 0 0 0 -l!ll.l 0 0 0 0 0 0 cicici 0 cd 0 0 0 0 '@ ,s .:..Q '" e ~~ Ifi ./!le! Nen on 0 000 <') '" 0 0 0 0 0.... .... -'" .... 0 000 on '" 0 0 0 0 .... 0 0 -l!l:. u)N .,; oj ciccio ~ 0 0 0 0 0 cled .; "'.... '" ~ '" '" 0 N on on '" '" on on . ... on ~ ..........cooo ~ N r--<o co 'It '" 0'- ai IliN~r.:aj N "":NcOa) a; ...1:j .:. I:: N ~.... .... '" CII ~~ 1:: .... e! N en on 0 00 0 <') '" 0 0 0 0 0.... .... 0 0 -'" .... 0 00 0 on '" 0 0 0 0 ....0 0 0 LON .,; oj cicci 0 ~ 0 0 0 0 0 cicci .; c.c !::! .a "'.... '" ~ '" '" 0 N on on '" '" on on ... on ~ ..........cooo ~ N ......<O<O'lt '" ~O ~ '6 ai lliN~r.:oO N "":c-i<oai a; ~ N -.... .... t/) 0 N ::s~ ... ~ ...w J: S ...I Cl ll. ::I t/) <( e l!! :E J: LL - ::s 1:11:: 0 0 000 0 0 0 0 00 0 00 0 0 :!:: 0 CII 0 0 0 000 0 0 0 0 00 0 00 0 0 0 0 cicici 0 0 0 0 dci 0 do 0 0 "C >- .... '1ii~ 0 NN <') 0 0 0 "'0 '" '" c !:: :..@ ~ ())('t)COOLO 0 eno en en 0 6r.:oN"lt) N M<oa> a; Gl 0 0 '6'Q. ;;; ~ ~ ~ ~ ~ ~ c. !::! q;e - ~ >< ... W - 2: ... q; :E <( .... '? ... ... c z ~ LL ...I ~ W Z W CI I- Z w :E w o II:: o LL Z W W C o o 0..... .. 0 ~~ iiiM c.~ 1il ... ... o ... .... o .... ~ .Q ~ ... 5 o l.l l.l q; (J) 0.. ffi 5: ~ ~ ~ o w U ;:;..I (f.ll-e J: :;:; I-(J)Z jjj W ..:: >- -I-W > W wa: ~U::~ ~C>w' ~ w ::2:<( ZWD- 06Z()...J :J :E -c:::CfJwZ5 (l)z5i5 u.. I->I-OCCOWQ z-~z ...J"7<(~D-u.. COw o<ww ...J ...Jo..C::::EW!zWIWi=r:",a: ~ :Jw~Wifiw()CI)()o..~a:...JCI)w !:!::~(7,j~m~Z~Zii:...Jo~~r5 ffl~ww~o::~~~1il~~o::(.)C.? ClwClCl<<F=>o..=>",<<wW;: ::5 0> ::5 ::5 uJ !!J ~ => ~ => 0:: w !z w> - :> >>...JloI._CI)_(I)t-LL_ J! o I- ~ I- "tl c f CI 0.....0100000000000 oC;~~8~~~!;;~~~;1)(O 't't't't't't't't't't't't't't 00000000000000 00000000000000 00000000000000 1bgether We Can . September 7.2007 . . Honorable Mayor Longrie and City Council Members: . . .. The 2008 Proposed City of Maplewood Budget has been prepared with the same fiscal direction that the City Council gave me on May 8, 2006; use the 2006 property tax !;lte to determine the limits of new gpellding with property tax dollars. The taxable property valueS in Maplewood grew by only 32% over the last year and With . application <lfthe 2006 tax rate to the $48 million taxable property value .of the City, this yields . an increase of$566,125 or a 3.6% change in the amount of revenue the property tax will.produce in 2008. .. . The portion of the proposed budget financed by property taxes has increased $285,150 or 2.3% in operations and increased by $281,125 for the city's debt service, 9.0% more than the 2007 City budget. . . . . The budget t<li<es acoiiservative posture to protect the City ofMap1ewood's excellent bond rating by recognizing in the current national fiscal envitol1llJent of real estate foreclosures and of unsettled capitill markets, that now is not the time to .propose significant new spending using property taxes. Advocating new property tax spending beyond this proposed budget would likely result in higher long term property tax bills in Map1ewood due to a national economy that may be in a no growth or certainly slow growth mode in: 2008 and 2009. . . . . . . . The City of Maplewood will look to it's staff to be iriI).ovative and continue their productivity increases to continue to offer a high level of public services to our citizens. . . . . . I . I look forward to the departmental budget workshops in October and November to review the City's sPending priorities with the Council. . G~c2#~ Greg Copeland .. . , City Manager. . . OFFICE OF CITY MANAGER crry OF MAPLEWOOD 651-'2.49-2050 1830.COUNTY ROAD B.EAST FAX: 651-249-'2.059 MAPLEWOOD, MN 55109 c _7\-1"0 J Clt'OOC !l~ We &ut. Memorandum. To: From: Date: Re: City Council Greg Copeland, City Manager September 7,2007 Budget Workshops I I The following dates have been set for Budget Workshops to meet with City Departments on their proposed 2008 Budgets. All Budget Workshops will begin at 5:00 p.m. October 1, 2007 October 8, 2007 October 15, 2007 October 22, 2007 October 29, 2007 November 12, 2007 Police Inspections, Planning, Building Operations Fire Public Works Finance and Administration and IT Citizen Services 707 CODE ENFORCEMENT 000-4010 WAGESIFULL-TIME EMPLOYEES 11,856 20,810 51,600 56,802 000-4011 OVERTIME PAY 5 0 000-4020 WAGES/PART-TIME 1,182 0 0 000-4025 WAGESfTEMPORARY 26 10,920 0 000-4030 LEAVE BENEFITS 5,376 2,616 7,320 9,934 000-4040 RETIREMENT BENEFITS 7,392 3,000 10,630 10,787 000-4050 INSURANCE BENEFITS 5,964 3,312 12,000 15,082 000-4160 SUPPLIES - EQUIPMENT 5,500 5,500 000-4310 i"e,d'<~ 340 000-4370 INSURANCE 139 154 0 270 000-4380 SUBSCRIPTIONS & MEMBERSHIPS 0 30 000-4390 TRAVEL & TRAlNING 2,000 1,660 000-4480 FEES FOR SERVICE 0 000-4490 fOOLS .- LON'~ 1It.n.vcr 1,040 000-4540 INTERNAl RENTAL - VEHICLE 3,960 3,960 000-4610 VEHICLES 16,000 Total 30,732 31,099 119,930 105,405