HomeMy WebLinkAbout01/31/1989 TENTATIVE AGENDA
ADJ.REG.SESSION SHAKOPEE, MINNESOTA January 31, 1989
Mayor Dolores Lebens presiding
1] Roll Call at 7:00 P.M.
2] Liaison Reports from Councilmembers
31 RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS
4] Approval of Consent Business - (All items listed with an
asterisk are considered to be routine by the City Council
and will be enacted by one motion. There will be no
separate discussion of these items unless a Councilmember
so requests, in which event the item will be removed from
the consent agenda and considered in its normal sequence
on the agenda. )
*5] Approval of Minutes of January 10, 1989
6] Communications:
7] Public Hearings: None
8] Boards and Commissions:
Downtown Committee:
a] One Year Work Plan - tabled 1/17 (bring item 10d from
1/17 agenda)
Community Develoment Commission:
b] Star City One Year Work Plan - tabled 1/17 (bring item
l0e from 1/17 agenda)
c] Star City Five Year Work Plan - tabled 1/17 (bring item
10f from 1/17 agenda)
9] Reports from Staff:
a] Adoption of Housing Code - tabled 12/20 (bring item llc
from 12/20 agenda)
b] Res. No. 3017, Amending Fee Schedule (bring item lid from
12/20 agenda)
*c] Narcotics Task Force Grant
*d] Investigative Vehicle Purchase
e] Ord. No. 260, Adopting Official Map for Bridge and Mini
Bypass
10] Other Business:
11] Adjourn
Dennis R. Kraft
Acting City Administrtor
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ.REG.SESSION SHAKOPEE, MINNESOTA JANUARY 10, 1989
Mayor Lebens called the meeting to order at 7:03 P.M. with Cncl.
Clay, Vierling, Scott, Zak and Wampach present. Also present
were Shakopee Public Utilities Commissioners: President Jim Cook,
Jim Kephart and Barry Kirchmeier; Lou Van Hout, SPUC Manager;
Dennis R. Kraft, Acting City Administrator; Gregg Voxland,
Finance Director; Dave Hutton, City Engineer; Julius A. Coller
II, City Attorney; and Judith S. Cox, City Clerk.
Mayor Lebens explained that the Shakopee Public Utilities
Commission was established in 1950 and that there have been joint
meetings with the Commission and City Council periodically over
the years.
Mr. Kraft explained the agenda and that background information
provided was supplied by both City staff and SPUC staff.
President Cook explained the three purposes of SPUC: 1) to
provide an economic rate for electricity and water to the rate
payers, 2) reliability, and 3) to balance these two while
providing some revenue to the City. He explained that the amount
given to the City was changed in 1977 and reviewed payments to
the City over the past years. He explained that SPUC must grow
if it is to survive and explained their electrical system
territory acquisition goals.
President Cook reviewed SPUC's 5-Year Plan and explained where
their four sets of reserves are earmarked. He also responded to
the allegations made at the October 4, 1988 Council meeting.
Cncl.Scott stated that SPUC is a public utility and that he
believes that they should be paying a dividend since they do not
pay taxes. He also stated that he believes that SPUC should be
paying 128 to the City, pursuant to the 68 mandated by law plus
the 68 in lieu of taxes contained in Ord. No. 265, and that the
action taken to reduce the 128 was illegal.
Cncl.Scott questioned whether or not SPUC was providing the
Finance Director with proper information as provided by Mn.
Statutes 412.141. The Finance Director responded, that according
to a legal obtain he received from Mr. Krass, A55't. City
Attorney, that SPUC is providing him with required information.
Comm.Kirchmeier stated that he believes that the dividends are
the dollars that SPUC gives to the City plus keeping the rates
low to the rate payers.
Eldon Reinke, 2569 Hauer Trail, stated that his rates are
considerably higher because he is not served by SPUC.
Proceedings of the City Council
January 10, 1989 Page -2-
Cncl.scott stated that he doesn't believe that they should be
saving money to buy property, that if they are a money making
proposition that they should be able to borrow money.
President Cook explained that the money being saved is not the
taxpayers, but the ratepayers. Of the $3,000, 000 in reserves,
$1,000,000 is from interest. He believes that SPUC is being very
fiscally responsible.
Cncl.Clay reminded Councilmembers of the criticism other local
jurisdictions received during the last election because of
spending down their reserve moneys.
Mayor Lebens stated that she has four different sources with four
different figures saying what SPUC is worth. She said that this
whole matter is very confusing, that she believes that there is a
lot of sheer misunderstanding, and hopes that they can leave the
meeting on a positive note.
Dave Hutton, City Engineer, reviewed six areas dealing with
public improvements where staff from both bodies are involved and
offered suggestions where efficiency could be improved upon.
Cncl.Vierling recommended that staff and one member from each
body meet to discuss and work on the suggestions.
Scott/Zak moved that the City Attorney be directed to obtain an
opinion from the Attorney General on the legality of: 1) Ord.
No. 265, 3rd Series and the election held in conjunction with the
Ordinance, and 2) Ord. No. 413, 3rd Series and Res. No. 1144
amending Ord. No. 265.
Wally Bishop, 847 Fuller, formerly a Commissioner, explained that
it was the opinion of the City/SPUC accountant earlier that if
something wasn't done about the SPUC operation, it could not
continue. It needed funds for operation and for purchases. With
the addition of the industrial park it needed to purchase
additional equipment. It needed to be separate from the City and
needed cash reserves.
Roll Call: Ayes; Cncl.Zak, Scott, and Mayor Lebens
Noes; Cncl.Wampach, Vierling, and Clay
Motion fails
Discussion followed on the desirability of getting an attorney
general's opinion and putting the question to rest as opposed to
going with the opinions of the two city attorney's that the
current fee paid by SPUC to the City is not illegal. -
Proceedings of the City Council
January 10, 1989 Page -3-
Cncl.Clay stated that he does not believe that we are doing a
disservice to the taxpayers and ratepayers because we are not
getting an attorney general's opinion. He stated that we are
getting cheaper rates for our utilities and the City is receiving
money from SPDC plus we are publicly audited.
President Cook stated that there has been a good working
relationship between the City and SPUC and he complemented the
City Engineer and Finance Director. He asked that SPUC be
considered as a separate entity until it is determined otherwise.
Comm.Kirchmeier stated that he believes that the integrity of the
Commission was challenged by the comments of Mr. Scott and he is
insulted and appalled by them. Because of the record of the
Utilities and because of the job the Commissioners have done; a
growing source of revenue to the City, ($411,000.00, last year)
they have maintain its stability, they've been watching out for
the City's interests too; he believes that they have done a good
job.
President Cook reiterated that SPUC be treated as a separate
public entity and recommended that SPUC and Council meet twice a
year; it has been 18 months since the last joint meeting.
vierling/Zak moved that Council have a biannual meeting with
Shakopee Public Utilities in January and July of each year.
Motion carried unanimously.
Clay/Vierling moved to adjourn to Tuesday, January 17, 1989 at
7:00 P.M. Motion carried unanimously.
Judith S. Cox
City Clerk
Recording Sege
V
MEMO TO: Dennis Kraft, Acting City Administrator
FROM: Newton Parker, Housing Inspector
RE: Adoption of Housing Code
DATE: January 25, 1989
INTRODUCTION:
This memo refers to the documentation for the Housing
Code/Certificate of Occupancy program and the Fee Resolution that
was tabled at the December 20 council meeting. Since that time
staff has put together a number of alternatives for Council 's
consideration, addressing concerns that the original program was
too extensive. Specifically, it is reasonable to conclude that
tackling the homestead resale part of the program will
unfavorably stretch present staff resources. On the other hand,
inspections to date have revealed a number of serious hazards
that pervades local housing at all levels. These safety problems
involve contamination of the city water system, asphyxiation,
explosion/fire, and electrocution. For example, staff has found
dangerous water heaters in houses that were as young as twenty
years. The Council must decide what role the City should play in
promoting safe housing.
BACKGROUND:
The Council has approved over the past few months the framework
for a program to promote the health and safety of City housing.
The program would remove ambiguities in the existing Code and
would assist in citizen compliance. This program has drawn
valuable experience from other successful programs in the Twin
Cities area. The Council has received input from some
constituents who feel that the program is too intrusive for owner
occupied (homesteaded) housing, and wish to limit the program to
rental units. Staff, on the other hand, is concerned about the
hazards consistently found in owner occupied units and seeks to
find a reasonable program for correcting and maintaining minimum
safety standards. Older homes obviously have certain age related
problems, but it must be stressed that even houses a few years
old can be lethal. Every time a home owner fixes over a basement
or attic without a permit, there exists the possibility of
electrocution from faulty wiring, contamination from unsafe
plumbing, or fire from combustible construction (i.e. panelling)
too close to the furnace or flue. If this segment of the housing
stock is ignored by this program, years down the road
neighborhoods could show premature decline as preventable
2 -
injuries from unsafe conditions increase accordingly. The
Council must then weigh all of these considerations and decide
how best to proceed.
I£ the Council chooses to remove homesteaded housing from the
program, staff then proposes that they adopt a section that would
require a seller to have the basic utilities checked by licenced
professionals at the time of sale. This is important due to the
significant problems discovered with water heater safety valves,
leaky flues, overloaded fuses, and inoperative or missing smoke
detectors. Some type of vigilance over these safety items is
acutely needed in Shakopee.
ALTERNATIVES:
1) a. Adopt Housing Maintenance Code (Ordinance #261) .
b. Adopt Fee Resolution #3017 (formerly #2995) as
written.
2) a. Modify and adopt the Housing Maintenance Code
(Ordinance 261) , removing owner occupied single
family housing from the program.
b. Modify and adopt Fee Resolution #3017 (formerly
#2995) to exclude references to homestead
properties.
3) a. Modify and adept the Housing Maintenance Code
(Ordinance 261) , removing privately owned single
family housing from the program, and adding
language that would require sellers of single
family houses to have the furnace, water heater
and flues checked by licenced heating
professionals at time of sale, that they certify
smoke detectors as present and operating, and that
fusestat inserts are installed in all fuse
receptacles.
(This alternatives would provide a fraction of
protection to the buyer in leu of an inspection. )
b. Modify and adopt Fee Resolution #3017 (formerly
#2995) to exclude references to homestead
properties.
4) a. Make other additions/changes to the proposed Code.
b. Make other additions/changes to the proposed Fee
Resolution #3017.
_ 3 _
RECOMMENDATION:
Staff recommends alternative number 2, a and b, modifying and
adopting the Housing Maintenance Code (Ordinance #261) , removing
owner occupied single family housing from the program, and
excluding references to homestead properties in the Fee
Resolution (#3017) .
ACTION REOUESTED:
a. Offer Ordinance 261, Housing Maintenance Code with
modifications eliminating homestead property provisions, and move
its adoption.
b. Offer Resolution #3017 (formerly #2995) with references to
homestead properties deleted, which amends Resolution #2987
adopting the 1989 fee schedule, and move its adoption.
OFFICIAL TITLE AND SUMMARY OF ORDINANCE NO. oC 6
Fourth Series
I. Title
An Ordinance of the City of Shakopee, Minnesota, Amending Shakopee
CityCode Chapter 4, entitled "Constructon, Licensing, Permits and
Regulations" by Repealing Section 4.40 entitled 'Housing Code"
by Enacting a new Section 4.40 entitled 'Housing Maintenance Code"
and by Adopting by reference Shakopee City Code Chapter 1 and Section
4.99, which among other things contains penalty provisions.
II. Enumerator
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
That the following summary shall clearly inform the public of the intent and
effect of the ordinance and shall be published in the official newspaper of the City.
1. Repeal
Section 4.40 of the Code entitled 'Housing Code" is repealed.
2. Adopt
New Section 4.40 entitled 'Housing Maintenance Code" is hereby adopted.
A. 1985 edition of Uniform Housing Code Adopted
B. Defines scope of the ordinance.
C. Provides for enforcement
D. Defines hazardous building
E. Provides steps to prevent occupancy, appeals, procedures for conducting
appeals, permits and inspection.
F. Defines terms used in the ordinance.
G. Establishes standards for occupying for living, sleeping, cooking
and eating in such places or premises.
H. Provides for correction of imminent hazards.
I. Requires smoke detectors
J. Sets structural and life standards
q011�
a. Requires external completion.
b. Performance of work of repairs
c. Provides for recovery of costs of repairs or demolition
R. Requires certificate of occupancy for certain specified class of occupancy;
provides for inspection and issuance of certificate of occupancy and fees
therefore and penalties for failure to meet the requirements.
L. Provides for supplementation of certificate of occupancy program after
March 15, 1989 for Homestead sold on or after said data and for other
residential units after September 20, 1988.
M. Provides effective date of ordinance,and penalties.
III. Notice
This Title and Summary have been published to clearly inform the public of the
intent and effect of the City of Shakopee Ordinance above entitled. A copy of the
Ordinance in its entirety is available for inspection by any person during regular
office hours at the Office of the City Clerk and at the Shakopee Public Library.
Dated this day of December, 1988 by order of the Shakopee City Council.
Mayor of the City of Shakopee
City Clerk
Prepared and approved as to form this
12t�of December, 1988.
City Attorney
qac
e.
MEMO TO: Mayor and City Council
FROM: Newton Parker, Housing Inspector
RE: Adoption of Housing Code
DATE: December 14, 1988
INTRODUCTION•
At the Council 's request, staff separated the fee section from
the proposed Housing Maintenance Code and attached it to an
amendment (2995) of the general fee resolution. The fee schedule
was also studied and modified. While looking at the fees, a
number of clarifications were suggested and incorporated in the
proposed code. The changed sections are 4.424 (1&5) , 4.425(#1) ,
and 4.427. Section 4.429 (1) was also changed to March 15, 1989,
to allow more time to set up the Homestead program. All other
sections remain the same. As instructed the City attorney has
reviewed the code and prepared a summary for publication.
BACKGROUND:
The ad hoc committee that studied the fees for the Housing
Maintenance Code had some good suggestions for the clarification
and improvement of the Homestead portion of the code. Changes
were therefore made in the proposed code that better define the
process and which will facilitate the issuing of certificates of
occupancy.
The starting time for the Homestead part of the program was also
moved to March 15, 1989, for a couple of good reasons. Once in
place, homestead certificates will take priority over all other
certificates except those involved with immediate hazard
situations. The later date will give staff more time to inspect
the city core area before being pressed by the real estate
community. Moving the date will also give staff more time to
inform realtors and the public about the program and how it will
work. There is often a sharp rise in real estate listings during
February which might overload staff during the start-up phase.
By moving the date, staff should be better prepared to deal with
the increased load. As the program progresses, inspections of
homesteads will cycle quite well with inspections for rental
properties producing a steady year-round work load.
As directed by the Council, the City Attorney has reviewed the
proposed code and has prepared a summary ordinance for
publication in the newspaper. ,
2
ALTERNATIVES•
1) Adapt Housing Maintenance Code (Ordinance #261) .
2) Make additions/changes in proposed Code.
RECOMMENDATION:
Staff recommends alternative number 1, adopting the Housing
Maintenance Code (Ordinance #261) .
ACTION REQUESTED:
Offer Ordinance 261, Housing Maintenance Code, and move its
adoption.
ORDINANCE # 261
Fourth Series
An Ordinance of the City of Shakopee, Minnesota,
Amending the Shakopee City Code Chapter 4 entitled
"Construction Licensing, Permits and Regulations" by
Repealing Section 4.40 entitled "Housing Code" and by
Enacting a New Section 4.40 entitled "Housing
Maintenance Code" and by Adopting by Reference Shakopee
City Code Chapter 1 and Section 4.99 Which Among Other
Things Contain Penalty Provisions
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS:
SECTION I: Repeal
Section 4.40 of the Code entitled "Housing Code" is hereby
repealed.
SECTION II: Adont
New Section 4.40 entitled "Housing Maintenance Code" is
hereby adopted.
Subd. 4.401. The Uniform Housing Code, 1985 edition,
published by the international conference of Building
Officials, is hereby adopted by reference as though set
forth verbatim herein. One copy of the said code shall be
marked CITY OF SHAKOPEE - OFFICIAL COPY and kept on file in
the office of the City Administrator and open to inspection
and use by the public.
Source: Ordinance No. 225, 4th series.
Effective date: 8-27-87
Subd. 4.402 . Title and Scone (See Chapter 1, Uniform
Housing Code) .
1. Application. The provisions of this Housing Code shall
provide minimum requirements to safeguard health,
property and public welfare by regulating and
controlling the use, occupancy, location and
maintenance of all residential buildings, structures
and accessory structures within the City of Shakopee.
The provisions of this Housing Code shall apply to all
buildings or portions thereof used, designed or
intended to be used for human habitation. Applicable
requirements shall apply to all accessory structures,
rooming houses, lodging and/or boarding houses and
house trailers used for human habitation.
2. Conflict of Ordinances. In any case where a provision
of this ordinance is found to be in conflict with a
provision of any zoning, building, fire, safety, or
health ordinance or code of this City, the provision
which establishes the higher standard for the promotion
and protection of the health and safety of the people
shall prevail.
3. Effect of Partial Invalidity. If any subsection,
paragraph, sentence, clause, or phrase of this
ordinance should be declared invalid for any reason
whatsoever, such decision shall not affect the
remaining portions of this ordinance, which shall
remain in full force and effect; and to this end the
provisions of this ordinance are hereby declared to be
severable.
4. Alteration. Existing buildings which are altered or
enlarged shall be made to conform to this code insofar
as new work, alterations or enlargements are concerned.
If the alterations are such that they cause or threaten
to cause unsafe conditions in the unaltered portions of
a building or threaten the safety or safe operation of
other nearby structures, then said alterations are
prohibited unless the affected structures are also
brought into compliance with this and/or other
appropriate codes.
5. Requirements for Repair and Replacement Work. Any
person doing any repair and/or replacement work on any
residential building, structure and accessory structure
covered in this Ordinance Code shall complete the
repair and/or replacement work in compliance with the
standards contained in the definitions of repair and/or
replacement in Subd. 4.410 herein.
6. Relocation. Existing buildings which are moved or
relocated shall be considered as new buildings and
shall comply with all requirements of this Code.
Subd. 4.403 . Enforcement (reference Chapter 2, Uniform
Housing Code) .
1. Authority. The Building Official is hereby authorized
and directed to enforce all the provisions of this
Code.
2. Right of Entry. Upon presentation of proper
credentials the Building Official or his duly
authorized representatives may enter at reasonable
times any building, structure, or premises in the City
to perform any duty imposed upon him by this Code.
3. Privacy. The Building Official shall keep confidential
all evidence exclusive of the inspection record, which
it may discover or obtain in the course of an
inspection made pursuant to this section and such
evidence shall be considered privileged.
4. Responsibilities Defined
a. Every owner remains liable for violations of duties
imposed upon him by this Code even though an obligation
is also imposed on the occupants of his building, and
even though the owner has, by agreement, imposed on the
occupant the duty of furnishing required equipment or
of complying with this Code.
b. Every owner, or his agent, in addition to being
responsible for maintaining his building in a sound
structural condition, shall be responsible for keeping
that part of the building or premises which he occupies
or controls in a clean, sanitary and safe condition
including the shared or public areas in a building
containing two or more dwelling units.
C. Every owner shall, where required by this Code,
furnish and maintain approved sanitary facilities as
required, and shall furnish and maintain approved
equipment or facilities for the prevention of insect
and rodent infestation, and where infestation has taken
place, shall be responsible for the extermination of
any insects, rodents or other pests.
d. Heating Rental Properties. Every owner, operator
or manager of any building who rents, leases or lets
for human habitation any habitable room contained
within such building on terms, either expressed or
implied, to supply or furnish heat to the occupants
thereof, shall maintain a minimum temperature of 68
degrees Fahrenheit between September 1 and June 1,
inclusive, at a point 3 feet above the floor level and
not closer than 36 inches from any wall. The heating
equipment shall be properly installed and maintained
throughout the year.
e. All occupants shall, where required by this Code,
keep their premises in a safe and sanitary condition.
f. Every occupant of a dwelling unit, in addition to
being responsible for keeping the dwelling or dwelling
unit or premises which they occupy and control, in a
clean, sanitary and safe condition, shall dispose of
all rubbish, garbage and other organic waste in a
manner required by this Code.
Subd. 4.404. Hazardous Buildings (reference Chapter 10,
Uniform Housing Code) . All buildings or portions 'thereof
which are determined to be substandard as defined in this
Ordinance Code are hereby declared to be public nuisances
and shall be abated by repair, rehabilitation, demolition or
removal in accordance with the procedure specified in
Chapter 11 of the Uniform Housing Code.
Subd. 4.405. Posting to Prevent Occupancy (reference
Chapter 11, Uniform Housing Code and section 4.09 of this
code) . The Building Official may post any building or
structure under his jurisdiction when found to be in direct
violation of the Housing Code, preventing further occupancy.
Posting will occur if any owner, agent, licensee or other
responsible person has been notified by inspection report of
the items which must be corrected within a certain stated,
reasonable period of time and that the responsible person or
persons has failed to correct the cited items. In cases of
emergency, a building or premises may be immediately posted
and the occupants, if any, evacuated. No person shall
remove or tamper with any placard used for posting. No
person shall reside in, occupy or cause to be occupied any
building, structure or dwelling which has been posted to
prevent occupancy.
Subd. 4.406. Appeals (reference Chapter 12 , Uniform Housing
Code) Whenever the Building Official shall take action
which is disputed, or when it is claimed that the provisions
of the .Code do not apply or that the true intent and meaning
of - the Code have been misconstrued or wrongfully
interpreted, the aggrieved party may appeal within 30 days
from the date of the decision of the Building Official to
the Housing Advisory and Appeals Board as directed by
section 203 of the Uniform Housing Code. Actions of the
this board may also be appealed to the City Council for
final decision. All appeals to the City Council require a
non-refundable fee.
Subd. 4.407. Procedure for Conduct of Hearing Appeals
(reference Chapter 13, Uniform Housing Code) .
Subd. 4.408. Permits and Inspections (reference Chapter 3,
Uniform Housing Code) . The following repairs are exempt
from building permit requirements, if they do not affect or
involve any plumbing, electrical, mechanical, structural or
subsurface member and if the repair returns the affected
area to its intended original condition:
Paint
Siding
Roofing/Gutters/Downspouts
Trim/Moldings/Shutters/Decorations
Glass (but not window frames)
Weatherstripping/Caulk/Tuck Pointing
Walks/Landscape Masonry (if not on City easement)
Non-Structural Hardware
Finish Flooring/Carpets
Door Slabs (but not door frames)
Fences
.. % , 0/
Subd. 4.409. Enforcement of the Order of the Building
official or Housing Advisory and Appeals Board. (reference
Chapter 14, Uniform Housing Code) .
Subd. 4.410. Definitions (reference Chapter 12, Uniform
Housing Code) . For the purpose of this Code, certain
abbreviations, terms, phrases, words and their derivatives
shall be construed as specified in this Part. Words used in
the singular include the plural and the plural the singular.
Words used in the masculine gender include the feminine, and
the feminine the masculine. Terms, words, phrases and their
derivatives used but not specifically defined in this Code
shall have the meaning defined in Chapter 4 of the Uniform
Building Code, as adopted by reference as a part of the
Shakopee Ordinance Code.
Accessory Building or Structure. Accessory building or
structure shall mean a detached building or structure in a
secondary or subordinate capacity from the main or principal
building or structure on the same premises.
Apartment House. Apartment house is any building, or
portion thereof, which is designed, built, rented, leased,
let or hired out to be occupied, or which is occupied as the
home or residence of two or more families living
independently of each other performing their own cooking
services in the apartment house.
Bulk Container. Bulk container shall mean any metal
garbage, rubbish and/or refuse container having a capacity
of (2) cubic yards or greater and which is equipped with
fittings for hydraulic and/or mechanical emptying, unloading
and/or removal. -
Board of Appeals. Board of Appeals when used herein shall
mean the Housing Advisory and Appeals Board of the City of
Shakopee.
Building Official, Health Officer. The Building Official or
Health Officer shall be defined as the person or persons
designated as Building Official or Health Authority by the
City Administrator.
Dormitory. Dormitory shall mean a building or group of
rooms in a building used for institutional living and
sleeping purposes by (4) or more persons.
Dwelling. Dwelling shall mean any space wholly or partially
used or intended to be used for living, sleeping, cooking,
and eating: provided that temporary housing as hereinafter
defined shall not be classified as a dwelling.
Industrialized housing and modular construction which
conform to nationally accepted industry standards and used
or intended for use for living, sleeping, cooking and eating
purposes shall be classified as dwellings.
Dwelling Unit. A dwelling unit is a room or group of rooms
located within a dwelling forming a single habitable unit
with facilities used or intended to be used by a single
family for living, sleeping, cooking and eating purposes.
Efficiency Living Units. Efficiency living unit is any room
having cooking facilities used for combined living, dining
and sleeping purposes and meeting the requirements of
Section 503(b) Exception, of the Uniform Housing code.
Egress. Egress shall mean an arrangement of exit facilities
to assure a safe means of exit from buildings.
Family. For housing purposes family shall mean one or more
individuals living together and sharing common living,
sleeping , cooking and eating facilities. For purposes of
this code family shall mean the same as household.
Habitable Room. Habitable room shall mean a room or
enclosed floor space used or intended to be used for living,
sleeping, cooking, or eating purposes, excluding bathrooms,
water closet compartments, laundries, furnace rooms,
pantries, kitchenettes, and utility rooms of less than (50)
square feet of floor space, foyers, or communicating
corridors, stairways, closets, storage spaces, and
workshops, hobby and recreation areas.
Hot Water. Hot water shall be water at temperature of not
less than 110 degrees fahrenheit.
Household. A household shall mean a family as defined in
this subdivision.
Guest. Guest shall mean an individual who shares a dwelling
unit in a non-permanent status for not more than (30) days.
Kitchen. Kitchen shall mean any room used for the storage,
preparation, and serving of food and that contains at least
the following equipment: sink, stove or microwave oven,
refrigerator, cabinets and/or shelves, and a counter or
table.
Kitchenette. Kitchenette shall mean a small kitchen or an
alcove containing cooking facilities.
Nuisance. The following shall be defined as nuisances:
1. Any public nuisance known at common law or in equity
jurisprudence.
2. Any attractive nuisance which may prove detrimental to
children whether in a building, on the premises of a
building, or upon an unoccupied lot. This includes any
abandoned wells, shafts, basements or excavations;
abandoned refrigerators and motor vehicles; or any
structurally unsound fences or structures; or any
lumber, trash, fences, debris, or vegetation which may
prove a hazard for inquisitive minors.
3. Whatever is dangerous to human life or is detrimental
to health.
4. overcrowding a room with occupants.
5. Insufficient ventilation or illumination.
6. Inadequate or unsanitary sewerage or plumbing
facilities.
7. Uncleanliness.
8. Whatever renders air, food or drink unwholesome or
detrimental to the health of human beings.
Occupant. Any person, firm, partnership, association,
organization, corporation or other who shall be in actual
possession or have charge, care or control of any dwelling
within the City.
Ordinary Summer Conditions. Ordinary summer conditions
shall mean a temperature of (92) degrees fahrenheit.
Ordinary winter Conditions. Ordinary winter conditions
shall mean a temperature of (-18) degrees fahrenheit.
Owner. Any person, firm,, partnership, corporation or other
association who alone, jointly, or severally with others is
the fee owner of record of any dwelling or dwelling unit
within the city or any trustee or guardian or other
representative of the fee owner or his estate.
Person. The word "person" shall include a corporation,
firm, partnership, association, organization and any other
group acting as a unit as well as individual. It shall also
include an executor, administrator, trustee, receiver or
other representative appointed according to law. Whenever
the word "person" is used in any section of this Code
prescribing a penalty or fine as to partnerships or
association, the word shall include the officers, agents or
members thereof who are responsible for any violation of
such section.
Plumbing. . Plumbing shall mean any and all equipment,
fixtures, and connections made to water, sewer or gas lines
including but not limited to the following: gas pipes, gas
burning equipment, water pipes, garbage disposal units,
waste pipes, water closets, sinks, installed dishwashers,
lavatories, bathtubs, shower baths, installed clothes
washing machines, catch basins, drains, vents, valves and
connectors.
Premises. Premises shall mean a parcel of land either
occupied or unoccupied by any structure or structures.
Privacy. Privacy shall mean the existence of conditions
which will permit an individual or individuals to carry out
an activity commenced without interruption or interference,
either by sight, sound, or presence by unwanted individuals.
Properly Connected. Properly connected shall mean connected
in accordance with accepted industry standards and/or all
applicable code and ordinances of this City as from time to
time enforced; provided, however, that the application of
this definition shall not require the alteration or
replacement of any connection in good working order and not
constituting a hazard to life or health.
Repair. Repair shall mean to restore to a sound, acceptable
state of operation, serviceability or appearance. Repairs
shall be expected to last approximately as long as would the
replacement by new items.
Replace or Replacement. Replace or replacement shall mean
to remove an existing item or portion of a system and to
construct or install a new item of a quality similar to that
of the existing item when it was new. Replacement
ordinarily takes place when repair of the item is
impractical.
Rooming House. Rooming house shall mean any dwelling other
than a hotel or motel or that part of any dwelling
containing (1) or more rooming units, and/or (1) or more
dormitory rooms and in which persons either individually or
as families are housed without the provision of meals.
Space Heater. Space heater shall mean a self-contained,
heating appliance of either the convection or radiant type
and intended primarily to heat only a limited space or area
such as one room or two adjoining rooms.
Temporary Housing. Temporary housing shall mean any tent,
trailer, mobile home or any other structure used for human
shelter which is designed to be transportable and which is
not attached to the ground, to another structure, or to any
utility system on the same premises for more than (30)
consecutive days.
Water Closet. Water closet shall mean a toilet bowl which
is flushed with water which has been supplied under pressure
and equipped with a water sealed trap above the floor level.
Subd. 4.411. Built-in Deficiencies Exempt. The following
are built-in deficiencies and shall be exempt from
compliance with the Ordinance Code; provided, that such
built-in deficiencies were in compliance with a building
code at the time of construction and/or do not pose a
hazard.
1. Ceiling Heiaht: Any existing habitable room with less
than a 7.5 foot ceiling height shall be considered a
built-in deficiency which is beyond reasonable
correction.
2. Superficial Floor Areas: Any existing habitable room
of less than 90 square feet shall be considered a
built-in deficiency and beyond reasonable correction.
3. Natural Light and Ventilation: Any existing habitable
room with window area less than 10 percent of the floor
area shall be considered a built-in deficiency beyond
reasonable correction but in no case shall the required
natural light and ventilation be less than 5 percent of
the floor area.
Subd. 4.412 . Space and Occupancy Standards (reference
Chapter 5, Uniform Housing Code) . No person shall occupy as
owner, occupant or let to another for occupancy any dwelling
or dwelling unit, for the purposes of living, sleeping,
cooking or eating therein, which does not comply with the
following requirements:
1. Every dwelling unit shall have a room or portion of a
room in which food may be prepared and/or cooked, which
shall have adequate circulation area, and which shall
be equipped with the following:
a. A kitchen sink in good working condition and
properly connected to a water supply system which
is approved by the appropriate authority and which
provides at all times an adequate amount of heated
and unheated running water under pressure, and
which is connected to a sewer system approved by
the City of Shakopee.
b. Cabinets and/or shelves for the storage of eating,
drinking, and cooking equipment and utensils and
of food that does not under ordinary summer
conditions require refrigeration for safe keeping;
and a counter or table for food preparation; said
cabinets and/or shelves and counter or table shall
be of sound construction furnished with surfaces
that are easily cleanable and that will not impart
any toxic or harmful effect to food.
C. A stove, or similar device, for cooking food, and
a refrigerator, or similar device, for the safe
storage of food at temperatures less than 45
degrees (F) but more than 32 degrees (F) under
ordinary maximum summer conditions, which are
properly installed with all necessary connections
for safe, sanitary and efficient operation;
provided that such stove, refrigerator, and/or
similar devices need not be installed when a
dwelling unit is not occupied and when the
occupant is expected to provide same on occupancy,
and that sufficient space and adequate connections
for the safe and efficient installation and
operation of said, stove, refrigerator and/or
similar devices are provided.
2. Within every dwelling unit there shall be a non-
habitable room which affords privacy to a person within
said room and which is equipped with a flush water
closet in good working condition. Said flush water
closet shall be equipped with easily cleanable
surfaces, be properly connected to a water system that
at all times provides an adequate amount of running
water under pressure to cause the water closet to be
operated properly, and shall be properly connected to a
sewer system which is approved by the City of Shakopee.
The room shall have an operable window or mechanical
- ventilation sufficient to provide the equivalent of 5
air exchanges per hour.
3. Within every dwelling unit there shall be a lavatory
sink. Said lavatory sink may be in the same room as
the flush water closet, or, if located in another room,
the lavatory sink shall be located in close proximity
to the door leadingdirectly into the room in which
said water closet is located. The lavatory sink shall
be in good working condition and properly connected to
a water supply system which is approved by the
appropriate authority and which provides at all times
an adequate amount of heated and unheated running water
under pressure, and which is properly connected to a
sewer system approved by the appropriate authority.
Water inlets for lavatory sinks shall be located above
the overflow rim of these facilities.
4. Within every dwelling unit there shall be a room which
affords privacy to a person within said room and which
is equipped with a bathtub or shower in good working
condition. Said bathtub or shower may be in the same
rooms as the flush water closet or in another room and
shall be properly connected to a water supply system
which is approved by the appropriate authority and
which provides at all times an adequate amount of
heated and unheated water under pressure, and which is
q' ai
connected to a sewer system approved by the appropriate
authority. Water inlets for bathtubs shall be located
above the overflow rim of these facilities.
5. Every dwelling unit shall have at least two (2) means
of egress leading to safe and open space at ground
level, and which meet all requirements of Chapter 8 of
the Uniform Housing Code. Every dwelling unit in a
multiple dwelling shall have immediate access to two
(2) or more approved means of egress leading to safe
and open space at ground level, or as required by the
laws of this State and the City of Shakopee. Bedrooms
located below the fourth (4th) floor shall be provided
with an exterior door or window of such dimensions as
to be used as a means of emergency egress.
6. Structurally sound hand rails shall be provided on any
steps containing four (4) risers or more. Porches,
patios, and/or balconies located more than three (3)
feet higher than the adjacent area shall have
structurally sound protective guard or hand rails.
7. Each dwelling unit shall have facilities for the safe
storage of drugs and household poisons.
8. Access to or egress from each dwelling unit shall be
provided without passing through any other dwelling
unit.
9. No person shall let to another for occupancy any
dwelling or dwelling unit unless all exterior doors
and windows of the dwelling or dwelling unit are
equipped with appropriate, functioning locking devices.
10. Every foundation, roof, floor; exterior and interior
wall, ceiling, inside and outside stair, every porch,
and every appurtenance thereto, shall be safe to use
and capable of supporting the loads that normal use may
cause to be placed thereon; and shall be kept in sound
condition and good repair. Every inside and outside
stair or step shall have uniform risers and uniform
treads.
11. Every foundation, roof and exterior wall, door,
skylight and window shall be reasonably weather-tight,
water-tight and damp-free, and shall be kept in sound
condition and good repair. Floors, interior walls and
ceilings shall be sound and in good repair. All
exterior wood surfaces, other than decay resistant
woods, shall be protected from the elements and decay
by paint which is not lead-based paint or by other
protective covering or treatment. Walls shall be
capable of affording privacy for the occupants.
12 . Every premises shall be graded, drained free of
standing water, and maintained in a clean, sanitary and
safe condition.
13 . Unless other provisions are made, gutters, leaders and
down-spouts shall be provided and maintained in good
working condition as to provide proper drainage of
storm water.
14. Every window, exterior door and hatchway or similar
device shall be so constructed to exclude insects
during that portion of the year when there is a need
for protection against mosquitoes, flies and other
flying insects.
15. Every dwelling, multiple dwelling, rooming house or
accessory structure and the premises on which located
shall be maintained in a rat-free and ratproof
condition.
a. All openings in the exterior walls, foundations,
basements, ground or first floors and roofs which
have a half-inch diameter or more opening shall be
ratproofed in an approved manner if they are
within forty-eight (48) inches of the existing
exterior ground level immediately below such
openings, or if they may be reached by rats from
the ground by climbing unguarded pipes, wires,
cornices, stairs, roofs, and other items such as
trees or vines or by burrowing.
b. All windows located at or near ground level used
or intended to be used for ventilation, all other
openings located at or near ground level, and all
exterior doorways which might provide an entry for
rats, shall be supplied with adequate screens or
such other devices as will effectively prevent the
entrance of rats into the structure.
C. All sewers, pipes, drains or conduits and openings
around such pipes and conduits shall be
constructed to prevent the ingress or egress of
rats to or from a building.
d. Interior floors of basements, cellars and other
areas in contact with the soil shall be rat-
proofed in an approved manner.
e. Materials stored outside the dwelling shall be
stacked and elevated so that there will be at
least an eighteen (18) inch opening between the
material and the ground level so as to prevent the
creation of a rat harborage area. No stacking or
piling of material shall take place against the
�. �. q CL.-
exterior walls of the structure.
f. Any materials used for rat-proofing shall be
acceptable to the Building Official.
16. All fences shall be constructed of approved fencing
material, shall be maintained in good condition and
shall not create a harborage for rats. Wood materials
shall be protected against decay by use of paint which
is not lead-based paint or by other preservative
material. The permissible height and other
characteristics of all fences shall conform to the
appropriate statutes, ordinances, and regulations of
the City of Shakopee and the State of Minnesota.
Wherever any egress from the dwelling opens into the
fenced area, there shall be a means of egress from the
premises to any public way adjacent thereto.
17. Accessory structures present or provided by the owner,
agent, or tenant occupant on the premises of a dwelling
shall be structurally sound, and be maintained in good
repair and free of insects and rats, or such structures
shall be removed from the premises. The exteriorof
such structures shall be made weather resistant through
the use of decay-resistant materials or the use of
lead-free paint or other preservatives.
18. Every plumbing fixture and all water and waste pipes
shall be properly installed and maintained in good
sanitary working condition. All waste system clean-out
plugs must be easily accessible.
19. Every water closet compartment, bathroom and kitchen
floor surface shall be constructed and maintained so as
to be reasonably impervious to water and so as to
permit such floor to be easily kept in a clean and
sanitary condition.
20. Every plumbing fixture and pipe, every chimney, flue,
and smoke pipe, and every other facility, piece of
equipment, or utility which is present in a dwelling or
dwelling unit, or which is required under this
ordinance, shall be constructed and installed in
conformance with the appropriate statutes, ordinances
and regulations of the City of Shakopee and State of
Minnesota.
21. No owner, operator, or occupant shall cause any
service, facility, equipment or utility which is
required under this ordinance to be removed from or
shut off from or discontinued from any occupied
dwelling or dwelling unit let or occupied by him;
except for such temporary interruption as may be
necessary while actual repairs or alterations are in
process, or during temporary emergencies when
discontinuance of service is approved by the
appropriate authority.
22. All construction and materials, ways and means of
egress, and installation and use of equipment shall
conform with the appropriate statutes, ordinances and
regulations dealing with fire protection of the City of
Shakopee and State of Minnesota.
Subd. 4.413. Structural Requirements (reference Chapter 6,
Uniform Housing Code) .
Subd. 4.414. Mechanical Requirements (reference Chapter 7,
Uniform Housing Code) .
Subd. 4.415. Exits (reference Chapter 8, Uniform Housing
Code) .
Subd. 4.416. Fire Protection (reference Chapter 9, Uniform
Housing Code) .
Subd. 4.417. Correction of Immediate Hazards. No occupancy
shall be permitted of any dwelling unit, if vacant and an
immediate hazard exists. If the dwelling unit is occupied
and an immediate hazard exists, immediate corrective action
shall be taken by the occupant, owner, agent of the owner or
other responsible persons. The dwelling unit may be ordered
vacated if no immediate corrective action is taken and the
occupant, owner, agent of the owner or other responsible
person fail to comply with any order to correct any
immediate hazard.
Immediate hazards to health and safety for human occupancy
shall include but not be limited to the following:
1. Heating systems that are unsafe due to: burned out or
rusted heat exchangers (fire box) ; burned out or
plugged flues; no vent; connection with unsafe gas
supplies; lack of proper gauges and relief valves; lack
of fuel or use of improper fuel; or incapacity to
adequately heat the living space.
2. Water heaters that are unsafe due to: burned out or
rusted heat exchangers (fire box) ; burned out, rusted
or plugged flues; no vent; connection with unsafe gas
supplies; lack of fuel or use of improper fuel; or lack
of temperature and pressure relief valves with proper
diverter pipe.
3. Electrical systems that are unsafe due to: dangerous
overloading; damaged or deteriorated equipment;
improperly taped or spliced wiring; exposed uninsulated
wires; distribution systems of extension cords or other
q
temporary methods; ungrounded systems; disconnection of
service to the dwelling.
4. Plumbing systems that are unsanitary due to: leaking
waste systems, fixtures and traps; lack of a water
closet; lack of washing and bathing facilities; cross
connection of pure water supply with fixtures, private
well, or sewage lines; or the lack of water.
5. Structural systems, walls, chimneys, ceilings, roofs,
foundation and floor systems that will not safely carry
imposed loads.
6. Refuse, garbage, human waste, decaying vermin or other
dead animals, animal waste, other materials rendering
residential buildings and structures unsanitary for
human occupancy, including lack of light and air.
7. Infestation of rats, insects and other vermin.
Subd. 4.418. Smoke Detectors Required. (see section 4.50
of this code) .
Subd. 4.419. Structural and Life Safety Standards.
Compliance with the structural and life safety portions of
any housing maintenance inspection required under Section
4.40 shall be in accordance with the building code in effect
at the time of original construction, provided there is no
significant danger to health and safety at the time of
inspection.
If no building requirements were in effect at the time of
construction or the requirements cannot be determined,
compliance shall be made to an extent to eliminate
significant danger to health and safety. This subdivision
is not meant to conflict with hazardous buildings within the
terms of Section 4.09, built-in deficiencies within Subd.
4.411; and immediate hazards within Subd. 4.417.
Subd. 4.420. Exterior Completion: The roof and the
building exterior of all sides of all structures, garages
and accessory buildings shall be finished with approved
exterior building materials within 12 months of the issuance
of a building permit unless otherwise approved by the
Building Official.
Subd. 4.421. Performance of Work of Repair or Demolition
(reference Chapter 15, Uniform Housing Code) .
Subd. 4.422. Recovery of Cost of Repair or Demolition
(reference Chapter 16, Uniform Housing Code) .
CERTIFICATE OF OCCUPANCY
Subd 4.423. (reserved) .
Subd. 4.424. Certificate of Occupancy.
It shall be unlawful for any person to conduct or operate or
cause to be operated either as owner, lessee, agent or in
any other capacity within the City of Shakopee any leased
residential dwelling or to sell a homesteaded dwelling
without having first obtained a Certificate of Occupancy as
is hereafter provided. The Certificate of Occupancy
establishes the number of occupants that may reside in a
dwelling, and verifies that the property has been inspected
by the City Building Department with any and all detected
violations of the City Housing Code being corrected. There
are four classes of housing certificates for residential
dwellings each of which has different requirements (see
section 4.07 for certificates required for other non-
residential building types) :
1. Class 1: Certificate of Occupancy: Homestead is
required before a new owner is allowed to occupy an
existing homestead property. The certificate must be
signed by the previous owner (seller) or his agent and
by the new owner (buyer) to be valid. Application for
this certificate is the responsibility of the seller
and is made on or before the date that the homestead
property is first made available for sale, lease or as
a contract for sale (see subd. 4.425, #1) .
The property must be inspected and all code violations
corrected before the certificate can be issued. Either
a valid certificate or a copy of the inspection report
must be shown to a prospective buyer(s) prior to the
transfer of title (a building may be sold without a
certificate, but cannot be occupied until certified) .
The certificate must be held available to be viewed on
demand by the Building Official. Certificates are
valid for only one transaction, but may be transferred
within a year of the date of issue. This does not
include new construction. New dwellings which have
never been occupied fall under other sections of the
building code.
2. Class 2 : Certificate of Occupancy: Rental I is
required for all rental buildings of one (1) to three
(3) dwelling units each. This certificate is valid for
the dates listed therein as specified by the Council by
resolution (see Subd. 4.427) . An inspection of the
premises is required and all code violations corrected
to qualify. This certificate must be conspicuously
displayed on the premises listed. This certificate
must be transferred to any new owner of record.
3. Class 3: Certificate of Occupancy: Rental II is
required for all rental buildings of four (4) or more
dwelling units. This certificate is valid for the
dates listed therein as specified by the Council by
resolution (see Subd. 4.427) . An inspection of the
premises is required and all code violations corrected
to qualify. This certificate must be conspicuously
displayed on the premises listed. This certificate
must be transferred to any new owner of record.
4. Class 4: Certificate of Occupancy: Rental III is
required for all commercial/industrial buildings that
also contain rental dwelling units. This certificate
is valid for the dates listed therein as specified by
the Council by resolution (see Subd. 4.427) . An
inspection of the premises is required and all code
violations corrected to qualify. This certificate must
be conspicuously displayed in an area accessible by all
occupants. This certificate must be transferred to any
new owner of record.
5. Exceptions. Any dwelling participating in the HUD
Section 8 subsidy program, may be exempted from
inspection provided that a copy of the most recent HUD
inspection report (less then one year old) accompanies
the application.
Any new residential building inspected and certified
for occupancy by the Building Department under other
sections of the Code, may transfer the certification to
a new owner within one year of the date of
certification as outlined in subd. 4.426, #4, and is
exempt from inspection provisions over that time
period.
Subd. 4.425. Application/Inspection. Application for the
Certificate of Occupancy shall be on forms furnished by the
City. Upon receipt of a properly executed application for a
Certificate of Occupancy, the City Building Official shall
cause an inspection to be made of the premises to insure
compliance with the requirements of the Ordinance Code. The
requirements which must be satisfied in order to obtain a
Certificate are provided in said Ordinance Code.
1. Homestead owners are required to apply for a
Certificate of Occupancy on or before the day that the
property is first advertised, listed or shown to
prospective buyers. It is the responsibility of the
owner or his agent to inform any prospective buyer as
to the certification requirement and the status of the
application. A homestead property may be sold, but not
occupied, without completing the certification process.
All homestead sellers, however, must apply for a
certificate before the transaction takes place.
A copy of the present owner's certificate of occupancy,
if any, must accompany all applications, including
transfer applications.
2. All buildings containing rental dwellings must apply
for a new certificate prior to the expiration of the
existing certificate to avoid fines and/or penalties.
The effective date of the new certificate will be for
the day following the expiration date, regardless of
the date of the inspection.
Subd. 4.426. Issuance of Certificate of Occupancy
("Certificate") . All dwelling classes can obtain the
appropriate Certificate of Occupancy upon satisfactory
completion of all work ordered by the City Building official
and by paying the required fees. If violations exist that
require a significant amount of time to correct, then the
owner may obtain a Temporary Certificate of Occupancy,
provided that the violations do not pose any immediate
danger either to the occupant or community at large.
1. If a property is in compliance with the requirements of
the Ordinance Code, and all fee are paid, a Certificate
shall be issued to the present owner, or agent which
shall state that the structure has been inspected and
is in compliance with the requirements of said Code.
The present owner, or any agent designated by the
present owner shall obtain the Certificate. During the
period of one year following its issuance, a
Certificate may be accepted by the City in satisfaction
of the requirements of Subd. 4.423 without the need for
a second inspection. If the City finds that the
circumstances of occupancy following the issuance of a
Certificate involve possible substandard maintenance or
abnormal wear and tear, a new inspection may be ordered
and if significant violations are subsequently found,
the certificate in force must be surrendered to the
Building Official and a new certificate applied for.
2 . The present owner or their designated agent shall
record with the Building Official, at the time of sale
or transfer of title or change of occupancy status, a
copy of the Certificate in force, signed by the new
owner of record. The certificate is not valid until
signed by both buyer and seller. The proposed buyer or
the prospective occupant shall not take occupancy of
the dwelling unit prior to issuance of a Certificate
except as allowed under item 3 of this subdivision.
3. An owner may be granted a Temporary Certificate of
Occupancy prior to issuance of a Certificate of
Occupancy if approved by the Building Official.
Approval shall be based on reasonable time to comply,
undue hardship or other extraordinary and exceptional
problems; provided, that no problem shall constitute an
immediate hazard as defined in Subd.4.417 The approval
shall not be given until the owner, a new owner or the
agent of the new owner has filed a Statement of Intent
to Comply with the Building Official upon forms
provided by the City. Correction dates in the
Statement of Intent to Comply shall be established by
the Building Official with consideration to undue
hardship, extraordinary and exceptional problems and
weather conditions. Failure to meet the correction
dates in the Statement shall constitute a violation of
this Code, which is a misdemeanor offence, and shall
void any approval given pursuant to this Section. An
escrow account covering the cost of all repairs,
established by a lending institution or person licenced
to broker real estate, is required for any Temporary
Certificate if a sale, transfer of property or a lease
is involved. Monies may be disbursed from the account
for items completed, with any remaining balance, if
present, returned to owner upon presentation of a valid
certificate of occupancy.
4. Transfer of Certificate. A certificate issued
hereunder is transferable for a fee to any person who
has acquired ownership of a building certified class 2,
3, or 4, for the unexpired portions of the term for
which it was issued, provided that the application to
transfer such certificate is filed with the Building
official for change of ownership and the certified
building and dwelling units are in compliance with the
Housing Code. The Certificate shall terminate upon
failure to apply for its transfer within 30 days of the
date of sale or transfer of ownership of the building.
5. Every applicant for a certificate sha-ll 'assist the City
in making an inspection of all portions of the
structure. This includes notifying the occupants of
the building of inspection times and requesting their
cooperation in conducting the inspection. Any failure
by the owner, occupant, designated agents or any other
person to comply with the requirements of the City of
Shakopee Housing Code shall constitute a violation of
the Code and a misdemeanor.
Subd. 4.427. Certificate Fees and Valid Dates. The fee for
the inspection, duration, and issue of a Certificate of
Occupancy is determined by class. All fees provided for in
this section, including but not limited to, fees for
Homestead, Rental I, Rental II, and Rental III certificates,
and fees for transfers, appeals, and valid dates, shall be
fixed and determined by the Council, adopted by resolution,
and uniformly enforced. Such fees and dates may be amended
from time to time, by the Council by resolution. A copy of
the resolution setting forth currently effective Certificate
fees shall be kept on file in the office of the City
Administrator, and open to inspection by the public during
regular business hours.
Certificate and inspection fees shall be tendered with the
application. The certificate fee shall be subject to a 100
percent penalty per month, or any portion thereof, beyond
the date due and payable. Except as provided for the
transfer of certificates, no refund of certificate and
inspection fees shall be made to those discontinuing
operation or who sell, transfer, give away, or otherwise
dispose of a certified building to another person. In the
event it is determined by the Building Official that an
application must be denied due to legal restrictions that
prohibit the issuance of the certificate, the applicant's
tendered fees will be returned. The Building Official shall
review the fee schedule annually and recommend changes as he
deems appropriate to the City Council.
Subd. 4.428. Penalties. If an owner of a rental dwelling
is determined by the Building Official to be in non-
compliance with this code, the Official may order the owner
to cease from renting any vacated dwelling units
until compliance is achieved. The Building Official may
also order the tenants of any non-complying owner
to pay their rent to an escrow account up to an amount
deemed by the Official as adequate to pay for the work
required to successfully comply with the code. These monies
will be released as items are completed to the satisfaction
of the Building Official.
These penalties are separate from other fines and penalties
listed elsewhere in this code and may be applied
concurrently with other penalties where appropriate.
Subd. 4.429. Implementation. The Certificate of Occupancy
program shall be implemented in phases as follows:
1. Certificates of Homestead Occupancy shall be required
for all housing sales on or after March 15, 1989.
2. For all other residential dwelling units the
requirements for certification shall not be in force
until the owner is notified by the Building Official of
an initial inspection to be scheduled sometime after
the date of 20 September 1988. The Building Official
shall phase-in inspections with respect to zoning
classifications, beginning with the downtown portions
of each zone first. This would create the following
order of implementation:
Zone B3, B1, R4, R3, R2, Rl, AG, S, I, and B2.
Once a Class 2, 3, or 4 building has been initially
certified, then the schedule for recertification and
all other requirements of this code shall be in force.
3. All existing certification programs for new and
permitted construction shall remain in effect and are
not affected by this ordinance or any schedule therein.
Subd. 4.430. When in Force and Effect After the adoption
and attestation of this ordinance, it shall be published
once in the official newspaper of Shakopee and shall be in
full force and effect on and after the date following such
publication.
Passed in session of the City Council of the City
of Shakopee, Minnesota held this _ day of 1988.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Prepared and approved as to form
this 1` day of , 1988.
City Attorn '
�r1)
MEMO TO: Mayor and City Council
CC: LeRoy Houser
Gary Laurent
Gloria Vierling
Joe Zak
FROM: Newton Parker, Housing Inspector
RE: Fee Recommendations
DATE: November 16, 1988
INTRODUCTION:
At the Council 's request, staff assembled an ad hoc committee
which met at City Hall on November 15, 1988, at 6: 30pm, to
formulate and recommend a fee schedule for the issuing of
Certificates of Occupancy. The recommendations are attached as
Resolution 2995, which is an amendment to the 1989 Fee Schedule,
previously adopted (resolution #2987) .
BACKGROUND:
The last step in the implementation of the housing maintenance
program, is the establishment of fees for issuing and
administrating Certificates of Occupancy. As a result of public
hearings on the subject, the ad -hoc committee on fees feel that
the burden caused by the fees would be lessened if renewal times
were lengthened. This would spread out the costs to the property
owner while allowing staff additional time to perform more
detailed inspections. It should be noted that the fees listed do
not cover the costs of inspecting and issuing the Certificates.
ALTERNATIVES:
1) Adapt fee amendment Resolution #2995.
2) Adapt previous schedule.
3) Charge no fees.
RECOMMENDATION:
Staff and committee recommend alternative number 1, adopting the
fee amendment Resolution #2995.
ACTION REQUESTED:
Offer Resolution #2995, a resolution amending Resolution #2987
adopting the 1989 fee schedule, and move its adoption.
RESOLUTION NO. 2995
A RESOLUTION AMENDING RESOLUTION NO. 2987 ADOPTING
THE 1989 FEE SCHEDULE
WHEREAS, the Shakopee City Council did pass Resolution No. 2987
adopting the 1989 Fee Schedule, and
WHEREAS, subsequent events and circumstances make it desirable to
amend said schedule.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Shakopee, Minnesota, that the 1989 Fee Schedule is hereby amended by
adding the following fees:
HOUSING CODE CERTIFICATE OF OCCUPANCY FEES
CLASS FEE
Class 1: all homestead property **
- Due at time of each sale
$30.00 initial inspection
00.00 1st reinspection
30.00 each additional
inspection thereafter.
** excluding new construction and conversions which are covered in
other sections of this code. Houses inspected within the last 12
months can have their certificates transferred for a $10.00 fee.
Class 2 : 1-3 units rental
- Due every five years
$40.00 initial inspection
00.00 1st reinspection
30.00 each additional
inspection thereafter.
Deduct $10.00 for each Section 8 unit.
Class 3 : 4+ units rental
- Due every three years
$50.00 initial each building +
5.00 per unit over 3
00.00 1st reinspection
50.00 each additional
inspection thereafter.
Waive $5. 00 unit charge for every Section 8 unit, and deduct
$10.00 from initial fee per building if it contains any Section 8
units. If entire building is Section 8, then fee is $10. 00
maximum.
�. .11 q e-
Class 4 : Commercial plus residential rental
- Due every three years
$50.00 initial each bldg. +
5.00 per unit
oo.00 1st reinspection
40.00 each additional
inspection thereafter.
Waive $5. 00 unit charge for every Section 8 unit, and deduct
$10.00 from initial fee per building if it contains any Section 8
units.
Transfers: Any active certificate may be transferred to a new owner
for a fee of $10.00. An owner may apply for a new certificate at any
time for the full amount of the appropriate fee listed above.
A non-refundable fee of $75.00 is required for any appeal directed to
the City Council.
Adopted in session of the City Council of the City
of Shakopee, Minnesota, held this day of , 1988.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form this
day of a" - , 1988.
GU&2�
City _-_n���
CONSENT
To: Mayor, Councilmembers
From: Tom Brownell, Chief of Police
Ref: Narcotics Task Force Grant
Date: January 26, 1989
INTRODUCTION
Since January 1 , 1988, the department has participated in a
joint narcotics task force. The department budgeted $5,000
for 1989 to continue participation in the program. I am
requesting authorization to disburse $5, 000. , to the
Southwest Metro Task Force.
RECOMMENDATION
Authorize Staff to disburse $5,000. , to the Southwest Metro
Task Force.
COUNCIL ACTION REQUESTED
Authorize Staff to disburse $5,000. , to the Southwest Metro
Task Force in payment of the city' s portion of matching funds
for a federal narcotics enforcement grant.
CONSENT
To: Mayor, Councilmembers
From: Tom Brownell, Chief of Police
Ref: Investigative Vehicle Purchase
Date: January 26, 1989
INTRODUCTION
The police department has $8,500. , in capital equipment funding
budgeted in 1989, to purchase one used vehicle to replace an
existing unit.
BACKGROUND
The department has obtained the required quotations and the
purchase has been discussed with the purchasing committee.
1. Lend Lease Corp. , 1988 Pontiac, 44,000 miles - $8,200.
2. Enterprize Corp. , 1988 Subaru GL, 5,000 miles - $7,535.
3. Security Pacific Corp. , 1988 Isuzu, 11,000 miles - $7,900.
RECOMMENDATION
Purchase one 1988 Subaru GL at a cost of $7 , 535.
COUNCIL ACTION REQUESTED
Authorize staff to purchase one 1988 Subaru GL at a cost of $7, 535.
MINNEAPOLIS q
NORTHSTAR
NORTH STAR AUTO AUCTION, INC. A Subsidiary of Anglo American Auto Auctions Inc.
Bids submitted to City of Shakopee for vehicle sale.
1. Lend Lease 88 Pontiac Ser. 1G2AF51R5JT215388
44,000 miles (Bid 8200)
2. Entexprize 88 Suba GL Ser. JF1AC43B3JC15653
5,000 utiles (Bid 7535)
3. Security Pacific 88 Isuzu Ser. JABRr5179J7410072
11,000 miles (Bid 7900)
7
P.O. Box 257 0 Shakopee, Minnesota 55379 0 612/445-5544
?fl
MEMO TO: Dennis R. Kraft, Acting City Administrator
FROM: Judith S. Cox, City Clerk r�
RE: Ordinance No. 260, Adopting Official Map for Right-of-
way Acquisition for the Bridge and Mini Bypass
DATE: January 27, 1989
INTRODUCTION:
The City Attorney has prepared the attached ordinance
adopting the official map for the acquisition of right-of-way for
the Highway 169-101 Bridge and Mini Bypass in Shakopee.
BACKGROUND:
The attached ordinance repeals Ordinance No. 258 which was
adopted on November let and adopts the official map for
acquisition of right-of-way for the Mini Bypass. Ordinance No.
258 erroneously included the acquisition of easements. The
adoption of this ordinance will correct this error.
RECOMMENDED ACTION:
Offer Ordinance No. 260, An Ordinance of the City of
Shakopee, Minnesota, adopting an official Map for the Right-of-
way for the Highway 169-101 Bridge and Mini Bypass in the City of
Shakopee, and, move its adoption.
ORDINANCE NO. 260
Fourth Series
An Ordinance of the City of Shakopee, Minnesota, adopting an.
Official Map for the Right-of-way for the Highway 169-101 Bridge
and Mini By-Pass in the City of Shakopee
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
SECTION I: Repeal
Ordinance No. 258 4th Series recently passed is hereby repealed in
its entirety. -
SECTION II: Jurisdiction
The Council hereby finds that all steps provided for by the terms of Ordinance
No. 251 of the Fourth Series and Minnesota Municipal Planning Act as provided
in MSA 462.351 to 462.36 have been done and performed and that pursuant thereto
a map, a copy of which is hereto attached and made a part hereof, has been prepared.
SECTION III: Official Map adopted
That the map described in Section II hereof is hereby adopted and designated
as the official map for the acquisition of Right-of-way for Highway 169-101
Bridge and Mini By-Pass in the City of Shakopee.
SECTION IV: Filing Ordered
That after the adoption of said official map, a copy thereof and of this
Ordinance shall be on file in the office of the City Clerk and that a copy of
said official map and this Ordinance shall be filed for record in the Office of
the Recorder of Scott County, Minnesota.
SECTION V: Penalty
Any person violating any provision of this Ordinance is guilty of a misdemeanor
and upon conviction thereof shall be subject to a fine of not more that $700.00
or imprisonment for a term of not to exceed 90 days or both plus in either case
the cost of prosecution. Each day that a violation is permitted to exist
constitutes a separate offense.
SECTION VI: When in Force and Effect
This Ordinance shall be in force and effect from and after the date that it
is published in the official newspaper of the City of Shakopee.
Adopted by Shakopee City Council in session assembled this
day of 1989.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Prepared and approved as to form this 18th day of
January, 1989.
--City Attorney