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AN ORDINANCE AMENDING CHAPTER 10 OF THE DULUTH CITY CODE TO MAKE LANGUAGE GENDER NEUTRAL, UPDATE BUILDING CODE REFERENCES, AND CORRECT TERMINOLOGY.
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CITY PROPOSAL:
The city of Duluth does ordain:
Section 1. That Article I, Sections 10-1 of Chapter 10 of the Duluth City Code is hereby amended as follows:
Sec. 10-1. State building code adopted.
The city of Duluth hereby adopts the current Minnesota State Building Code, 2015 edition, including all of the amendments and rules and regulations, as adopted by State of Minnesota commissioner of labor and industry, with the exception of the optional chapters unless specifically adopted below pursuant to Minnesota Statutes Sec. 16B.59 to 16B.75 326B.101 to 326B.16, and as the same is from time to time amended, and such code is incorporated by reference into this ordinance as if fully set out herein.
(a) The following optional provisions and optional chapters of Minnesota Rules are hereby adopted by reference and incorporated as part of the building code.
(1) Appendix Chapter J (grading) of the 2012 International Building Code, Grading, International Building Code Appendix Chapter J;
(b) The application, administration and enforcement of this code shall be in accordance with Minnesota Laws, Chapter 326, and Minnesota Rules, Chapter 1300. The code enforcement agency shall be called the city of Duluth, which acts through its construction services division or its successor office within the city as designated from time to time by the city’s mayor. The code shall be enforced by a Minnesota certified building official designated by the city to administer the code (Minnesota Statutes, Sec. 326B.133, subdivision 1).
Section 2. That Article I, Section 10-2 of Chapter 10 of the Duluth City Code is hereby amended as follows:
Sec. 10-2. Building permit fee schedule.
(a) Building permit fees. Collection of fees for building permits and building inspections, as authorized in Minnesota Statutes, Sec. 16B.62 326B.121 subdivision 1 2, shall be assessed for work in accordance with the current fee schedule adopted pursuant to Sections 2-5, 31-6, and 31-8 of this Code; in Ordinance No. 6920;
(b) Special permits and fees. Special permits shall be obtained and special fees paid in all cases for items included in the following schedule whether said items are installed in new buildings or in existing buildings, unless otherwise herein provided, but the value of such items need not be included in the valuation upon which the main building permit is estimated as before provided in Subdivision (a) herein.
All of the provisions of the State Building Code pertaining to permits shall apply to such special permits as well as to the main building permit, excepting only the schedule for original fees.
Fees for the following shall be set in accordance with Section 31-6(a) of this Code:
(1) Moving over public property any building which has an area of 1,000 square feet or less on the first floor;
(2) Moving over public property any building which has an area of over 1,000 square feet on the first floor;
(3) Moving any building or structure not on public property;
(4) Razing or demolishing any building or structure;
(5) The installation of a mobile home;
(c) Special permits shall also be taken out and fees paid for the installation or alteration of electrical wiring, plumbing, heating plants, fireplaces or any other construction or accessory to a building or structure, the use of which is regulated by the provisions of the State Building Code and which for any reason is not included in the permit for general construction; and the fees for same shall be ascertained in the same manner as for the construction of new buildings;
(d) The payment of a fee as provided herein shall not relieve the applicant or holder of the permit from the necessity of obtaining additional permits and the payment of other fees that may be prescribed by law or ordinance, for the temporary occupation of public property, for inspections, certificates, sewer connections, water connections, gas connections or other privileges or requirements;
(e) When work for which a permit is required by this Code is started or proceeded with before said permit is obtained, the fee specified shall be doubled, but the payment of such double fee shall not relieve any persons from fully complying with the requirements of the State Building Code in the execution of the work, nor from any other standards or penalties prescribed by law;
(f) No permit to erect, repair or alter any building or structure shall authorize the use of any part of any public thoroughfare, or other public ground or easement.
Section 3. That Article II, Section 10-3 of Chapter 10 of the Duluth City Code is hereby amended as follows:
Sec. 10-3. Demolition procedure.
(a) General. Whenever it comes to the notice of the building official that any building or structure is in a damaged, dilapidated or dangerous condition, it shall be his or her their duty to make an inspection of inspect such building or structure. It shall be unlawful to repair or alter any building or structure located in the city if, in the opinion of the building official based upon information documented in the official file and records, such building or structure has been damaged or deteriorated from any cause to the extent that the building official’s good faith, reasonable estimate of the cost of repairing and restoring the building is more than 60 percent of the current fair market value of the building, as shown in the records of the city county assessor or as adjusted by the assessor for accuracy, and all such buildings or structures so damaged or deteriorated shall be torn down and removed when so ordered by the building official; provided, however, that the building official, or the building appeal board in cases appealed to it, may allow such a damaged or deteriorated building to be repaired, for good cause shown related to the use, location or unique characteristics of the building, when the owner shows that he or she has they have dedicated sufficient funds to pay for the repair, have entered into a valid contract to have the repair completed, and will complete all the repair and restoration work within a reasonable time, not to exceed 18 months;
(b) Orders for demolition and assessment of costs. All orders for the demolition of a dangerous, defective or deteriorated building, or for repairs to the same, shall be in writing, signed by the building official, and shall allow not less than 30 days in which to comply with said order. Each order shall identify the structure, state the legal basis of the order, the date of the order, the fair market value of the building, the building official’s good faith, reasonable estimate of the cost of repairs, the calculation that forms the basis for the opinion that the damage requires that the building be demolished, the time and procedure for appeal, and other information deemed relevant by the building official. Should any such order not be complied with within the time allowed therefor or, should the structure constitute an immediate threat of bodily harm to the public, or the appeal provided for in Section 10-5 of this Chapter not be taken, the building official shall, in writing, communicate such information to the city council. The city council may direct the building official to proceed with the work ordered, or to contract to have the work done. In case of the demolition of a building, should the sale of the salvage from such building exceed the cost of the demolition, the balance in excess of the cost shall be paid to the owner of said building or to such other persons as may by law be entitled thereto. A statement of the cost of such work shall be transmitted to the city council which may cause the same to be charged against the land on which the building existed as a municipal lien, which lien shall be recorded with the register of deeds or registrar of titles as a lien against such land, or to be recovered in a suit at law against the owner, or to cause any or all of such costs to be assessed against the property from which such removal takes place. If the city council decides to assess the cost of demolition against the affected property, such assessment shall be made by resolution of the council, and such resolution shall state a time by which such assessment shall be payable, which time shall be not less than 30 days after publication of such resolution and service of notice of the assessment upon the property owner. Notice of such assessment and the time within which it shall be paid, shall be served on the owner of such property in the manner provided in Subsection (c) of this Section below, except that it shall not be necessary to post such notice on the affected property or to publish such notice other than to publish in the regular manner the resolution by which such assessment is made. Delinquent assessments shall be certified to the county auditor of St. Louis County for collection in the same manner as other assessments, pursuant to Section 70 Article IX of the Duluth City Charter;
(c) Service of Notice. Except as otherwise provided for in Subsection (b) above, service of all orders provided for in this Section shall be made as follows:
(1) Posting the order in a conspicuous place on or about the building or premises;
(2) Delivering a copy of the order by any reasonable means including, without limitation, personal delivery, electronic mail or United States mail to (a) the owner of record (or the owner’s agent if the agent is in charge of the building or property), and (b) any other known lienholder of record; and
(3) Publication once a week for two weeks in any legal newspaper located within St. Louis County.
For purposes of this section, “owner of record” and “lienholder of record” means an individual or entity holding a right or interest in the building or property, the evidence of which is recorded in the offices of the St. Louis County Recorder or Registrar of Titles.
(d) In addition to other provisions of the Code, this Section 10-3(d) is enacted; (1) Policy. Pursuant to authority provided in Minnesota Statutes, Section 463.26, permitting cities to enact and enforce ordinances on hazardous buildings, and in order to enhance the livability and preserve the tax base and property values of buildings within the city, and based upon the findings contained in Section (2); and because of the need to assure that buildings which are capable of rehabilitation are promptly rehabilitated and buildings which are not capable of rehabilitation be promptly demolished, the city hereby declared that it is the policy of the city to promote rehabilitation of vacant and unoccupied buildings, and to assure a prompt process for demolition of hazardous buildings through a procedure fixing appropriate responsibility in accordance with due process requirements;
(2) Findings. The city council finds, determines and declares that buildings which remain vacant and unoccupied for any appreciable period of time become an attractive nuisance to children, a harborage for rodents, and invitation to derelicts, vagrants and criminals as a temporary abode, and an increased fire hazard, and that the unkempt grounds surrounding such property invite the dumping of garbage and rubbish thereon; that such buildings are permitted to become dilapidated since such buildings are often economically obsolete and the owners of such buildings are unwilling to expend the necessary funds to repair or raze the buildings; that such buildings contribute to the growth of blight within the city, depress market values of surrounding properties to the detriment of the various taxing districts and require additional governmental services; that the use and maintenance of property in such condition and manner endangers the public safety and health, constitutes an unreasonable use and condition to the annoyance, discomfort and repose of a considerable number of the public, is detrimental to the public good and to the common welfare; and renders a considerable number of the public insecure in the use and enjoyment of their property, and thus may constitute a nuisance condition. Adequate protection of public health, safety and welfare, therefore, requires the establishment and enforcement of the means by which such nuisance conditions may be abated;
(3) Securing vacant buildings;
(A) In general, if any building becomes vacant or unoccupied and is deemed hazardous due to the fact that the building is open to trespass and has not been secured and the building could be made safe by securing the building, the building official or their designee may order the building secured and shall cause notice of the order to be served upon the owner of the premises. Such notice may be served personally or by mail. Service by mail is complete upon mailing a copy of the order to the owner at the last known address. If the owner fails to comply with the order within six days after the order is served, the building official shall cause the building to be boarded up or otherwise properly secured;
(B) Emergency. When it is determined by the building official or the chief of police, or the fire chief that an emergency exists with respect to the health or safety of persons in the community, and immediate boarding and securing of a building is required, and where danger will exist to children, transients or others in the absence of an immediate boarding or securing of the building, the building official or the chief of police, or the fire chief may waive all requirements herein and immediately board or otherwise secure the building, provided that:
1. The conditions showing the existence of an exigency are documented in writing by the building official or the chief of police or the fire chief or their designees;
2. Notice be mailed immediately by the department invoking this Section to the address of the owner and taxpayer, and, if recorded on the assessor’s rolls, the address of the mortgage holder, of the date of boarding or otherwise securing and the reasons therefore;
(C) After a vacant or unoccupied building has been boarded or otherwise secured under this section, should the owner fail to maintain the building in a secured condition until such time as it has been repaired and reoccupied, the building official shall re-secure any openings into the building whenever it again becomes open to trespass, without further notice to the owner. An administrative fee shall be set in accordance with Section 31-6(a) of this Code and all other costs incurred by the city for boarding or otherwise securing a building under this Chapter, including, but not limited to the actual costs for boarding, posting and monitoring the building, building and housing code compliance inspections, police or fire department inspection, response, or protection; public health and safety investigation; control of people or property wrongfully on the premises shall be assessed as provided in Duluth City Code Section 10-3. The above fees, when collected, shall be dedicated to the use of the department(s) that administer(s) the enforcement actions. Owner, for the purposes of this Section, shall mean the person who is listed as the contact person on the current rental licensing application on file with the city, if any; or, if none, the person listed as owner by the city assessor on the homestead record; or, if none, the taxpayer as shown by the records of the city assessor;
(4) Vacant building registration;
(A) The owner of a residential building or building located in a residentially zoned area shall register the building with the building official within 30 days after it becomes a vacant building. The owner of any commercial building or building located outside a residentially zoned area shall register the building with the building official or their designee within 30 days after it becomes a vacant building.
1. In this Section, a residential building is deemed vacant under one or more of the following circumstances:
i. Condemned;
ii. Unoccupied and/or unsecured for 30 days or more;
iii. Unoccupied and/or secured by means other than those normally used in the design of the building for 30 days or more;
iv. Unoccupied and has multiple housing maintenance, fire or building code violations existing for 30 days or more;
v. Unoccupied and an existing owner or lienholder requests registration in accordance with the provisions of this Section;
2. In this Section, a commercial building is deemed a vacant building under one or more of the circumstances:
i. Condemned
ii. Unoccupied and/or unsecured for 120 days or more;
iii. Unoccupied and/or secured by means other than those normally used in the design of the building for 120 days or more;
iv. Unoccupied and has multiple housing maintenance, fire or building code violations existing for 120 days or more;
v. Unoccupied and an existing owner or lienholder requests registration in accordance with the provisions of this Section; or
vi. Unoccupied and secured for over 365 days.
(B) The registration shall be submitted on forms provided by the building official or their designee and shall include the following information supplied by the owner:
1. A description of the premises;
2. The names and addresses of the owner or owners;
3. The names and addresses of all known lien holders and all other parties with an ownership interest in the building;
4. The period of time the building is expected to remain vacant; and a plan and timetable for returning the building to appropriate occupancy or for demolition of the building;
(C) The owner shall submit a plan and timetable that must comply with the guidelines adopted by the building official or their designee. The guidelines are adopted for purposes of preventing nuisance conditions and maintaining compliance with this Code. These guidelines shall be made available to building owners. The plan shall be submitted at the time of registration, or within a reasonable period of time thereafter to be determined by the building official;
(D) The owner shall acquire or otherwise maintain fire, property, and liability insurance in an amount not less than $300,000 $3000,000 for buildings designed primarily for residential use and not less than $1,000,000 for any other building, the owner shall name the city of Duluth as an additional insured on said insurance policies. Evidence of this insurance shall be submitted to and approved by the city attorney.
(E) The owner shall comply with all applicable laws and codes. The owner shall notify the building official or their designee of any changes in information supplied as part of the vacant building registration within 30 days of the change. If the plan or timetable for the vacant building is revised in any way, the revisions must meet the approval of the building official;
(F) The owner and the subsequent owners shall keep the building secured and safe and the building and grounds properly maintained until the rehabilitation or demolition has been completed;
(G) Failure of the owner or any subsequent owner to maintain the building and premises that result in abatement completed by the city shall be grounds for revocation of the approved plan and shall be subject to any applicable penalties provided by law;
(H) The new owner(s) shall register or re-register the vacant building with the building official within 30 days of any transfer of an ownership interest in a vacant building. The new owner(s) shall comply with the approved plan and timetable submitted by the previous owner until any proposed changes are submitted and meet the approval of the building official;
(I) The building official shall include in the file any property-specific written statements from community organizations, other interested parties or citizens regarding the history, problems, status or blighting influence of a vacant building;
(J) Vacant building fees:
1. The owner of a vacant building shall pay an annual fee, which shall be set in accordance with Section 31-6(a) of this Code. The fee is imposed to defray the administrative costs for registering and processing the vacant building registration form and for the costs of the city in monitoring the vacant building site;
2. The first annual fee shall be paid no later than 30 days after the building becomes vacant. Subsequent annual fees shall be due on the anniversary date of initial vacancy. The fees shall be paid in full prior to the issuance of any building permits, with the exception of a demolition permit;
3. Unpaid fees shall be levied and collected as a special assessment against the property as provided for under Section 10-3, with interest at the rate set in accordance with Section 31-8 of this Code per annum on the unpaid balance thereof. Upon transfer of ownership, the new owner(s) shall be responsible for all unpaid and subsequent annual fees;
4. The fire chief, or his/her their designee, in his/her their sole discretion, may waive the first or subsequent annual fees if all past due property taxes are paid and the owner demonstrates compliance with all city-approved building restoration agreements.
(K) A building owner shall provide access to all interior portions of an unoccupied building in order to permit a complete inspection for the purpose of enforcing and assuring compliance with the provisions of this Chapter.
(L) The following are exempt from all provisions of this section 10-3:
1. Buildings owned by the U.S Government or State of Minnesota, and their political subdivisions; and
2. Buildings owned by housing and/or redevelopment authorities of the U.S Government or State of Minnesota, and their political subdivisions.
Section 4. That Article III, Section 10-4, of Chapter 10 of the Duluth City Code is hereby amended as follows:
Sec. 10-4. Permit requirements and regulations.
Before any permit is issued for the moving, wrecking, razing or demolishing of a building or structure, the applicant shall file with the building official of the city of Duluth a performance bond and a certificate of insurance, as hereinafter required.
(a) Wrecker's and mover's performance bond. The wrecker's and mover's performance bond shall be executed by the applicant and a corporate surety licensed to do business in this state and shall provide in substance that the applicant and surety are firmly bound unto the city of Duluth in the penal sum of $10,000, and that such bond shall be void if the applicant shall perform and sufficiently complete all work for which the permit is issued in accordance with all ordinances of the city of Duluth within a reasonable period of time, and shall restore any street or sidewalk damaged or excavated by applicant to its prior condition, and shall reimburse the city of Duluth for all damages to any city property, and shall save the city harmless from any and all claims, resulting from the work operations, regardless of whether the damage is done by the applicant, its agents, employees or subcontractors. For the purpose of interpreting and applying the phrase, "within a reasonable period of time," the building official shall, without excluding other relevant factors, take into account:
(1) Whether the building or structure is to be wrecked, razed or demolished;
(2) Whether the building or structure is to be moved from one premises to another premises;
(3) Whether the building or structure is to be moved upon, along, over and across any
one or more of the public highways or grounds of the city of Duluth; and
(4) As to whether delay by the permittee or his their subcontractor in prosecuting the work will endanger or tend to endanger the public health or safety of the city of Duluth and its inhabitants.
Any person wishing to apply for more than one permit to wreck, raze, demolish or move structures or buildings in the city of Duluth in any calendar year, in lieu of filing a separate bond for each permit, may file a bond under the same terms and conditions as set forth above, binding the surety to the sum of $10,000 for each permit issued, but with an annual calendar year aggregate limit of $20,000;
(b) Insurance. The applicant shall also file with the building official a certificate of an insurance company authorized by the laws of the state to transact such business duly certifying to the fact that the applicant has in force with such company a comprehensive general liability policy, including completed operations, products liability, explosion, collapse, and underground property liability coverage to cover their his operations under such permit. Such policy shall be in the amount of $500,000 for bodily injuries occurring in any year and $100,000 for property damage occurring in any year and shall name the city as an additional insured. Such policy shall contain a provision that no cancellation of such insurance shall become effective without ten days written notice to the building official;
(c) Approval of bonds and insurance. All bonds, policies of insurance, or certificates of insurance shall be approved as to form by the city attorney before any applicant shall commence the doing of any work under any permit authorized herein;
(d) Exception to bond and insurance provisions. The owner of any one- or two-family dwelling or building accessory to such dwelling who wishes to wreck, raze or demolish such building may be granted a permit without providing the aforesaid insurance certificate and performance bond;
(e) Street obstruction permit required. When any building or structure is to be moved over any public thoroughfare, or when any service disconnection requires excavation in a street or sidewalk, a separate permit shall also be obtained from the division of engineering of the city of Duluth, in accordance with and subject to the terms of Chapter 45, Article II, of the Duluth City Code, 1959; and the time and proposed route for moving shall be approved by the traffic department of the city of Duluth police department. If the bond and insurance required by this Section shall be filed with the building official for a wrecking or moving permit, no additional bond or insurance need be filed with the engineering division to obtain a street obstruction permit for such wrecking or moving;
(f) Buildings or structures which can be moved. A permit may be granted for the moving of any building or structure which is structurally sound and safe, from one location on the same premises, or from one premises to other premises, provided such building or structure conforms to the applicable regulations of the State Building Code and the zoning ordinance of the city of Duluth;
(g) Buildings and structures which cannot be moved. No permit shall be granted for the moving of any building or structure, or portion thereof, which has deteriorated or been damaged to an extent greater than 50 percent of the value of a similar new building or structure;
(h) Certain dilapidated buildings or structures not to be moved--exceptions. No permit shall be granted for the moving of any building or structure or portion thereof, from one location to another location on the same premises, or from one premises to other premises if in the judgment of the building official, the building or structure:
(1) Is so old, dilapidated and so out of repair as to be unsanitary, unfit for human habitation, occupancy or use; or
(2) By reason of its external appearance would be detrimental to the general character of the neighborhood in its new location, unless plans and specifications are submitted at the same time and a permit is also procured to alter such building or structure in a manner as approved by the building official and in compliance with the regulations of the State Building Code.
If after moving such building or structure, the owner or permit holder fails to alter the building or structure within a period of 60 days in accordance with approved plans and the terms of the permit issued, the building official may deny the use and occupancy of the building;
(i) Sewer line and utilities. Before moving, wrecking, razing or demolishing any building or structure, it shall be the duty of the permittee to give the sewer division, department of public service, of the city of Duluth a notice thereof in writing at least three days, exclusive of Saturdays, Sundays and holidays, in advance, of his their intention to do so, and such permittee shall not commence the moving, wrecking, razing or demolishing of any building or structure until the sewer line has been plugged with concrete or other suitable stopper.
Except as provided herein, prior to the moving, wrecking, razing or demolishing of any building or structure, the permittee shall excavate a 2-1/2 foot x 5-foot hole over the water and gas mains, and shall immediately thereafter notify the water and gas department so that the department can accomplish the physical disconnection of the water and gas service lines from the mains by cutting the service lines from the mains. No moving, wrecking, razing or demolishing shall be commenced until after disconnections are made. After the water and gas department has accomplished the physical disconnection of the service lines from the mains, the permittee shall promptly backfill the excavation and complete the permanent street surface in equal quality to the existing street surface. In cases where the director of water and gas deems appropriate, after taking into consideration the age and condition of the service and the future use of the realty, the director of water and gas may authorize the permittee to post a performance bond in lieu of making the excavations required herein. The bond shall be in an amount sufficient to cover the cost of making such service disconnects and in no event shall be less than $1,000. The bond shall be written by a corporate surety licensed to do business in the state of Minnesota and shall be conditioned that such bond shall be void if, within one year after the issuance of the permit, either the construction of a new structure on the site be commenced or the excavation required herein shall be made by the permittee. In all cases where a bond is filed in lieu of making the excavations, the water and gas services shall be cut off outside of the building to be moved or demolished and shall be securely capped in a manner approved by the director of water and gas. No moving, wrecking, razing or demolishing shall take place until the services are so capped;
(j) Electrical and telephone wires. In every case in which a permit shall be issued, when such building or structure moving operation requires the displacement of any overhead electrical or telephone wires, it shall be the duty of the person owning, operating and controlling such wires to remove or displace the same so far as it may be necessary to affect the moving operation;
(k) Notice. It shall be the responsibility of any permittee who has made application for any moving operation to notify the person owning, operating, or controlling any overhead wires of the proposed moving operation, and no permit shall be issued hereunder until satisfactory proof is offered to the office of the building official that such person shall remove or displace such wires sufficiently to allow the passage of the building or structure along the highways over which such wires are suspended on the dates and at the times designated for the passage of such building or structure;
(l) Removal of material and grading incidental to demolition of buildings and structures. Following demolition of a building or structure, all building materials of any kind or nature which were part of the demolished building or structure including those located below grade shall be removed from the property upon which the demolished building or structure was located as soon as it is reasonably possible to do so. On completion of demolition and removal of such materials, any excavation resulting from such demolition shall be filed to an elevation level with that of the surrounding property with material accepted in the construction industry as “clean fill material”, with allowance made for settlement. Following such filling, all areas shall be seeded and mulched or when a new construction is contemplated on the same premises the excavation or basement shall be enclosed with a fence, guard rail or other approved means to safeguard the public
Section 5. That Article VI, Section 10-8, of Chapter 10 of the Duluth City Code is hereby amended as follows:
Sec. 10-8. Definitions.
For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
Building contract. An agreement, whether oral or written or contained in one or more documents, between a building contractor and an owner, obligating the building contractor to erect, improve, construct, convert or alter any structure, sidewalk or driveway, and includes all labor, services and materials to be furnished and performed thereunder.
Building contracting business. The business of soliciting, executing or performing building contracts either directly or through an agent with an owner.
Building contractor. Any person who owns or operates a building contracting business or who enters into, attempts to enter into or agrees to enter into any building contract, with an owner.
Building inspector. The building official of the city of Duluth and his their designated agents or employees. Owner. Any person who orders, contracts for, or purchases the services of a building contractor in a building contract or any person who is legally entitled to the performance of the work of a building contractor pursuant to a building contract.
Person. An individual, partnership, limited partnership, joint venture, corporation, association, business trust or any organized group of persons or combination thereof.
Structure. That which is built or constructed and which is composed of parts joined in a definite configuration and which is built into, affixed, or attached to a building or other real property.
Section 6. That Article VI, Section 10-16 of Chapter 10 of the Duluth City Code is hereby amended as follows:
Sec. 10-16. Required practices.
All building contractors operating in the city of Duluth shall:
(a) Pay all subcontractors and materialmen suppliers so that no liens are filed against the owner's property, and furnish such owner upon its request with waivers of liens from all subcontractors and materialmen suppliers within 30 days of the completion of any job; except the filing of a lien by a subcontractor or materialmen suppliers shall not be deemed a violation of this provision if a satisfaction of lien is furnished within 30 days of notice of said lien; and further except that where any subcontractor or materialmen suppliers’ bill is the subject of a bona fide dispute in a legal action, no waivers need be furnished until the determination of such action. "Legal action" in this Section shall include any type of arbitration or third-party determination of the dispute recognized by the building construction trade;
(b) Furnish to the owner, at the time of signing, a copy of all written documents which the owner
is requested to sign;
(c) Before starting work of any kind on a job, except an emergency job, where time is of the essence, where the total contract price of materials, labor and services exceeds $100, enter into a written contract or written agreement with the owner. Any such agreement shall contain the following:
(1) Total contract price if ascertainable, and if not, a statement of the hourly labor charge, the percentage markup on materials, and an estimate of total cost;
(2) The specific work to be done;
(3) The material to be used, describing it by brand name, if possible, and by weight, size and color;
(4) Guarantees or warranties made to the owner, setting forth the person making the guarantee or warranty, and any and all exclusions, exceptions, and limitations as to the cost of repair, replacement of parts, service charges, and labor charges;
(5) The approximate date when the work will be substantially completed. The dates required hereunder are subject to strikes, acts of God and availability of materials;
(6) A statement by the building contractor agreeing to restore and repair any part of the property of the owner destroyed or damaged, where such damage results from the negligent acts of the building contractor, his their agents or subcontractor.
Section 7. That Article VI, Section 10-17, of Chapter 10 of the Duluth City Code is hereby amended as follows:
Sec. 10-17. Prohibited acts.
No building contractor operating in the city of Duluth, or his their agent, shall:
(a) Make any material misrepresentation in the procurement of any building contract, or make any false promise likely to influence, persuade or induce another to enter into a building contract;
(b) Gain entry or access into a prospective customer's home or onto his their property under the guise of any governmental inspection, right or duty, or under the guise that the building contractor or his their agent is a government or public utility inspector or representative;
(c) Falsely represent that maintenance, service, or repairs and replacement parts for items sold by him are and will be available within the immediate area;
(d) Ask or require an owner to sign a completion form before the work or job is completed in accordance with the provisions of the building contract;
(e) Fail to disclose in any advertisement that the advertised price or offer does not include delivery or installation, if such is the case;
(f) Falsely represent to the prospective customer that his their property is or will be condemned if no work is done;
(g) Fraudulently execute or alter any building contract, mortgage, promissory note or other document made pursuant to a building contracting transaction;
(h) Willfully disregard and violate any of the building, housing, sanitary, health, or fire laws or ordinances of the state of Minnesota or the city of Duluth;
(i) Transact any business relating to building contracting under any name other than the one under which he is they are licensed;
(j) Willfully disobey or fail to comply with any order, demand, or requirement made in writing by the board pursuant to building official;
(k) Offer to pay credit charges or offer any compensation or reward to any prospective customer as an inducement to enter into a building contract;
(l) Offer to pay a loan as an inducement to get a prospective customer to enter into a building contract;
(m) Willfully deviate from or disregard plans or specifications under any building contract in any material respect without the prior written consent of the owner;
(n) Display a false or forged license.
Section 8. That Article VII, Section 10-24, of Chapter 10 of the Duluth City Code is hereby amended as follows:
Sec. 10-24. Application.
(a) The applicant for an electrical permit shall, at the time application for permit is made, submit and file with the building inspection division such plans and specifications as are required by the building official;
(b) The applicant shall make written application for electrical permits upon official blank forms furnished by the building inspection division for such purpose;
(c) The applicant shall state on such application blank forms the total estimated cost of such work or installation and properly and correctly answer all necessary questions relative to the work proposed to be done under the permit issued on such application;
(d) The application shall, in all cases, be accompanied by a permit fee as provided in Section 10-2 of this Chapter.
Section 9. That Article VII, Section 10-28, of Chapter 10 of the Duluth City Code is hereby amended as follows:
Sec. 10-28. Service disconnects.
Where service is supplied by the public electric utility:
(a) That utility shall supply meter connection boxes or sockets and instrument transformers and meters. The service entrance conduit and conductors, meter connection box, main service panel, and instrument transformers shall be installed by a master electrician a licensed electrical contractor or licensed employee thereof;
(b) If a meter connection box or socket is supplied, it shall be installed on the line side of the service disconnect. Switchboard meter installations do not require a connection box or socket;
(c) If instrument transformers are supplied, they shall be installed on the load side of the service disconnect, except for those installations having more than one service disconnect. If more than one service disconnect is installed, the instrument transformers shall be located on the line side of the service disconnects, and shall have mountings approved by the building inspection division. Instrument transformers and mountings shall be enclosed in a cabinet having a sealable crew cover which shall be supplied by the master electrician, except on switchboard installations, or shall be installed in accordance with specifications and regulations of the public utility supplying such transformers;
(d) The top of the connection box or socket for meters shall be placed from four to six feet from the floor or ground, except by special permission from the electrical utility service provider building inspection division;
(e) All service disconnects shall be located at a location approved by the building official and the serving public utility. In approving a location, the building official shall take into account location of the serving power pole, ease of maintenance of the serviced structure, and other structures or trees in area.
In buildings having multiple occupancy, the service disconnects and the meter connection boxes or sockets shall be marked by the master electrician to designate the number of locations of the area served.
Section 10. That Article VII, Section 10-29, of Chapter 10 of the Duluth City Code is hereby amended as follows:
Sec. 10-29. State license required.
(a) Except as otherwise provided in this Chapter, no permit for the erection, construction, alteration or change of any electrical work or wiring in the city of Duluth shall be issued by the building official to any person unless he is they are licensed by the Minnesota state board of electricity as an electrical contractor. Every applicant for such a permit shall furnish the building official with a certificate from the Minnesota state board of electricity stating that he holds they hold an electrical contractor's license or master electricians license;
(b) No person shall perform any electrical work of any kind for another in the city of Duluth unless he is they are licensed to perform such work by the Minnesota state board of electricity, or is otherwise permitted to perform such work under the provisions of Minnesota state law;
(c) A licensed electrician performing electrical work for another shall carry his their license with him them during all hours of employment and shall produce this license upon request of the building official or his agent their designee or upon request of the person for whom the work is being done.
Section 11. That Article VII, Section 10-30, of Chapter 10 of the Duluth City Code is hereby amended as follows:
Sec. 10-30. License--not required of owners of dwellings.
Any individual who otherwise complies with this Chapter may be issued a permit for the erection, construction, alteration or change of electrical work or wiring in or on a single-family dwelling which is owned and occupied by such individual or which such individual is constructing for his their occupancy. Before such a permit shall be issued, the individual making application for the permit shall sign an affidavit stating that he is the they are the owner and occupant of the single-family dwelling and that the work or wiring will be performed by the individual signing the affidavit.
Section 12. That Article VIII, Section 10-31, of Chapter 10 of the Duluth City Code is hereby amended as follows:
Sec. 10-31. Permission to install meter required.
No person within the corporate limits of the city shall install any meter designed for use or to be used for the commercial measurement of electric current supplied or to be supplied to any dwelling, building structure, or part thereof, or any other place without first obtaining written permission from the building inspector electrical utility service provider.
Section 13. That Article VIII, Section 10-34, of Chapter 10 of the Duluth City Code is hereby amended as follows:
Sec. 10-34. State license required.
Except as otherwise provided herein, no permit for the erection, construction, alteration or change of any plumbing work or piping shall be issued by the building official to any person unless he is they are licensed by the State of Minnesota state board of health as a plumbing contractor master plumber. Every applicant for such a permit shall furnish the building official with a certificate from the Minnesota state board of health stating that he is licensed by such board as a master plumber.
The building official may issue a permit to a person who does not hold a master plumber's license to perform plumbing work or piping of any kind on a single-family dwelling owned and occupied by him that person as a their residence except the installation or replacement of house sewers.
No person shall perform any plumbing work of any kind for another in the city of Duluth unless he is they are licensed by the State of Minnesota state board of health to do so, except an apprentice to a licensed plumber working under the direct supervision of such licensed plumber. A licensed plumber performing plumbing work for another shall carry his their license with him them during all hours of employment and shall produce his their license upon request of the building official or his their agent or upon request of the person for whom the work is being done.
Section 14. That Article IX, Section 10-35, of Chapter 10 repealed entirely as follows:
Sec. 10-35. Finding of fact.
The city council hereby finds that the unrestricted use of outdoor high intensity capacitor discharge lighting systems may, under certain circumstances, constitute a nuisance, and that interim regulation and ultimate prohibition thereof is necessary for the furtherance of the public health and welfare.
Section 15. That Article IX, Section 10-36, of Chapter 10 is repealed entirely as follows:
Sec. 10-36. Definition.
For the purposes of this Article, the term "strobe light" shall mean a light source which emits a pulsing or flashing luminous discharge in excess of 1,000 candela by means of a high intensity capacitor discharge through a flashtube.
Section 16. That Article IX, Section 10-37, of Chapter 10 is repealed entirely as follows:
Sec. 10-37. Prohibition.
Except as permitted as a special use pursuant to Section 50-35 of this Code and except as required to avoid a "hazard to air navigation" designation by the federal aviation administration, no person shall allow, suffer, permit or cause an outdoor strobe light to be in operation within the city; provided, however, that this prohibition shall not apply to strobe lights maintained and operated by appropriate public authorities as aids to air and water navigation, or to strobe lights authorized by law to be affixed to motor vehicles, or to stroboscopic photographic equipment when actually used for photography.
Section 17. That Article IX, Section 10-39, of Chapter 10 is repealed entirely as follows:
Sec. 10-39. Appeal.
Any person owning or operating an outdoor strobe light on the effective date of this ordinance, aggrieved by the prohibitions imposed by Section 10-38 may appeal the application of said Section to his ownership or operation to the city council. The person aggrieved shall file such appeal with the building official, addressed to the city council, setting forth the grounds upon which said appeal is desired. The filing of said appeal shall stay all proceedings concerning the enforcement of said ordinance against the person taking the appeal. Upon receipt of such an appeal the building official shall file the same with the city council. The council shall, at its next regular meeting, hear the appeal of the person aggrieved, and upon a showing that 18 months is not a reasonable or sufficient period for the amortization of such persons investment in said outdoor strobe light, the council may extend the time by which such aggrieved person must comply with this Article.
Section 18. That this ordinance shall take effect and be in force 30 days from and after its passage and publication.
Statement of Purpose
STATEMENT OF PURPOSE: This ordinance makes changes to Chapter 10 of the City Code. It updates outdated gendered references throughout Chapter 10 and corrects other terminology. It updates state building code references in Sections 10-1, 10-2, and 10-3. It also eliminates redundant language related to outdoor high intensity lighting in Sections 10-35, 10-36, 10-37, and 10-39 that is already regulated in the lighting section of the Unified Development Code (UDC, Chapter 50).
At a special meeting on June 3, 2024, the City Council approved an earlier change to Chapter 10 (Ordinance 10889), related to delegating electrical inspections to the State of Minnesota.