Agenda - Planning Commission - 04/20/2015 - Joint with EPB

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RELEVANT LINKS: Minn. Stat. § 326B.121. Minn. Stat. § 326B.121. Minn. Stat. § 326B.121. Minn. Stat. § 326B.16. Minn. Stat. § 326B.112. Minn. Stat. § 326B.175. Minn. Stat. § 412.221, subd. 23. Minn. Stat. § 561.01. See LMC information memo, Public Nuisances. Wessman v. Mankato, No. A08-0273 (Minn. Ct. App. 2008)(unpublished decision). If, as of Jan. 1, 2008, a municipality has in effect an ordinance adopting the State Building Code, the municipality must continue to administer and enforce the State Building Code within its jurisdiction. The municipality is prohibited by state statute from repealing its ordinance adopting the State Building Code. However, this provision does not apply to cities that have a population of less than 2,500, according to the last federal census, and that are located outside of a metropolitan county. These cities may repeal an ordinance adopting the State Building Code and they are not required to administer and enforce the code (although the State Building Code will remain in effect). These cities may, however, opt to enforce and administer the State Building Code by adopting a local ordinance. A city must not, by ordinance or through a development agreement, require building code provisions regulating components or systems of any structure that are different from any provision of the State Building Code. However, a city may, with the approval of the state building official, adopt an ordinance that is more restrictive than the State Building Code where geological conditions warrant a more restrictive ordinance. Requirements regarding accessibility, elevator safety, and bleacher safety apply statewide, with no exception. 2. Nuisance ordinances With or without zoning, cities may prevent and abate nuisances through the passage of a local ordinance that defines nuisances and provides for their regulation, prevention and/or abatement. Generally a "nuisance" is anything that is injurious to health, indecent or offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property. 3. Property maintenance ordinances Cities may choose to deal with the specific nuisance posed by dilapidated buildings through the adoption of a property maintenance ordinance. Such ordinances typically establish standards for exterior maintenance related to painting, siding, roofing and broken windows. City property maintenance ordinances should be drafted and enforced in a manner that is consistent with the State Building Code. Property maintenance ordinances should generally not attempt to regulate construction issues already regulated by the State Building Code, because such regulation may be pre-empted. League of Minnesota Cities Information Memo: 1/20/2015 Zoning Guide for Cities Page 45