Ordinance No. 04-1

BUILDING AND CONSTRUCTION REGULATIONS.

Table of Contents

Section 1. Foundations.

Foundation walls shall be required under every dwelling or commercial building constructed or built of frame, veneer, hollow brick, hollow tile, concrete, or commercial blocks. Foundation walls shall be at least 8 inches thick and constructed of either stone, concrete, concrete blocks, brick, or other hard, durable material approved by the City Building Inspector. All foundation walls shall be carried up at least 8 inches above the finished grade, and the wall footings down at least 3 feet, 6 inches below the finished grade, or deeper if necessary to reach suitable bearing soil. All floating slabs/outbuildings having an area of 240 sq. feet or more, and all
private garages built hereafter, shall rest on foundation walls of approved fire-proof material, which walls, including footing, shall be at least 8 inches wide and at least 10 inches deep.

(a) Exception. Section 1 above shall not apply to post and rafter type buildings.

(b) Post and Rafter Type Building Requirements. Post and rafter type buildings shall be required to have a concrete slab under the posts and poured concrete around each post 4 feet down under the ground level. Such post and rafter type buildings shall rest on footings 4 inches thick of 12 inches diameter.

Section 2. Water and Sewer Connections.

(a) Every dwelling constructed or remodeled or placed on any lots within the City where sewer and water mains are available in nearby streets shall be required to make water and sewer installations.

(b) Definitions.

1) “Residential Development” means an area of land made suitable for more than one residence.

2) “Benefiting Property Owner” means any residence not currently connected to the City sewer system that would be able to do so by construction of force mains at or near their property.

3) “New Housing Development Wastewater Service Extension Policy” is a policy establishing guidelines the City uses in the investment of City funds relating to wastewater service extensions to new housing developments or existing neighborhoods in City limits.

4) “Grinder Pump” is a unit designed to grind solids and discharge wastewater to a force main that deposits sewage into the City wastewater treatment plant.

5) “City Sewer System” is an infrastructure of force mains designed to deposit wastewater into the City wastewater treatment plant.

6) “Septic System” is a system using a tank in which solid sewage is disintegrated by bacteria, allowing the wastewater to seep into ground or drain fields.

7) “Non-Complying Septic System” is a system which permits sewage effluent to spill upon or pool on the surface of the ground or to discharge into a flowing stream or body of water or to enter a well, sinkhole, or fissured rock formation.

(c) No septic systems of any kind will be constructed in the Mazeppa city limits. All wastewater must be handled by a City-engineered sewer system.

(d) In September, 2020 or at such time as Wabasha County, the State of Minnesota, or the United States government(s) mandate, septic systems will be shut down in the City. All commercial and residential dwellings will be connected to a City-engineered sewer system.

(e) New Developments. All new developments will be connected to the City sewer system. Force mains will be constructed throughout developments, and lift station(s) will be installed as necessary. Costs will be charged back to the developer and/or benefiting property owners. The New Housing Development Wastewater Service Extension Policy provides some funding for those developments that meet criteria. If a grinder pump is needed from dwelling sites to the City sewer main, the expense will be borne by the property owner.

(f) Existing Neighborhood Connected to City Sewer System. New commercial or residential dwellings will be required to connect to the City sewer system. Property owner will be responsible for hook-up fee and labor/materials necessary to connect a private system to the City sewer main. If a grinder pump is needed form the dwelling site to the main, the expense will be borne by the property owner.

(g) Existing Neighborhood Not Connected to City Sewer System. If a new commercial or residential dwelling is constructed in an area not yet serviced by City sewer, all property owners in the neighborhood will be affected. The property owner of the new dwelling will be required to connect to the City sewer system. This will necessitate the extension of a City sewer main (gravity flow with lift station(s) as necessary) through the neighborhood. The costs of extending the main line through the neighborhood will be charged back to all benefiting property owners by special assessment. Property owners(s) will be responsible for hook-up fee and labor/materials necessary to connect their private system to the City sewer main. If a grinder pump is needed form dwelling site to the main, the expense will be borne by the property owner. The New Housing Development Wastewater Service Extension Policy is available to those neighborhoods that meet criteria. Existing septic systems will not be replaced. When a septic system fails in an area not yet serviced by the City, all benefiting property owners will be affected. The property owner with the failed system will be required to connect to the City sewer system. This will necessitate the extension of a city sewer main (gravity flow with lift station(s) as necessary) through the neighborhood. The costs of extending the main line through the neighborhood will be charged back to all benefiting property owners by special assessment. Property owner(s) will be responsible for hook-up fee and labor/materials necessary to connect their private system to the City sewer main. If a grinder pump is needed from dwelling site to the main, the expense will be borne by the property owner. The New Housing Development Wastewater Service Extension Policy is available to those neighborhoods that meet criteria.

(h) Septic System Maintenance. A system which permits sewage effluent to spill upon or pool on the surface of the ground or to discharge into a flowing stream or body of water, or to enter a well, sinkhole, or fissured rock formation will be deemed a non-complying septic system and will be condemned. Septic tanks shall be subject to inspection by the Wabasha County Zoning Administrator. The Zoning Administrator may collect samples for laboratory examination as deemed necessary. No person shall molest or resist the Zoning Administrator in the discharge of his or her duty in the protection of the public health.

(i) Method of Notification.

1) New residential developments — when developers contact the City to express their interest in developing real estate, the City Clerk shall inform them of this policy.

2) New dwelling or existing dwelling with failed septic system in neighborhood with existing City sewer system — shall be notified during building permit process or upon notification that owner’s septic system is failing.

3) New dwelling or existing dwelling with failed septic system in neighborhood without City sewer service — property owner shall be notified during building permit process or upon notification that owner’s septic system is failing. The City shall notify other benefiting parties and proceed with feasibility studies and public hearings per standard City policy regarding special property assessments.

4) Shutdown of all septic systems — property owners shall receive notification in 2018 (2 years before mandated shutdown in September, 2020) or sooner if mandated by County, State, or Federal government. The City shall proceed with feasibility studies and public hearings per standard City policy regarding special property assessments.

Section 3. Chimneys.

In every building hereafter erected, altered, or repaired within the City of Mazeppa, all chimneys shall be constructed of brick or other incombustible material approved by the Building Inspector of said City. All chimneys shall be wholly supported by masonry and resting upon a footing properly constructed at least 2 feet and 6 inches below grade and deeper, if necessary, to rest upon sound bearing soil. Chimney footings shall be of concrete or stone at least 12 inches in depth and at least 6 inches larger than the chimney size each way. Brick chimneys shall be at least 8 inches thick if unlined, 4 inches if lined with approved flue lining for the full height of the chimney. No chimney shall be supported in whole or in part on brackets of any type, kind, or description.

Section 4. Electric Installation.

All electrical wiring, apparatus, or appliances for furnishing light, heat, or power shall be in strict conformity with the Statutes of the State of Minnesota, the rules and regulations issued by the Railroad and Warehouse Commission, the State Fire Marshal, and the industrial Commission of Minnesota, and in conformity with all approved methods of construction for safety to life and property. The regulations in the National Electric Code and National Electrical Safety Code as approved by the American Standard Association shall be prima facie evidence of such approved methods. No concealed wiring shall be lathed over or in any manner concealed from sight until inspected or accepted by the Building Inspector, and any person having charge of the erection of any building in the City of Mazeppa who causes or permits any wiring for which a permit has been issued or is required to be covered by laths or other material before such wiring is inspected and accepted shall be subject to the penalty provided for in this ordinance.

Section 5. Studdings, Joists, and Rafters.

All studdings, joists, and rafters shall be of such size and quality as to safely sustain the loads to be carried, and in dwellings or commercial structures shall be spaced not greater than 16 inches on center, except wherein the opinion of the Building Inspector, special framings around openings justifies variations from the same. All floor openings shall be doubleheader, and all carrying partitions and outside walls shall be double top plates. Window and door openings shall be doubleheader.

Section 6. Building Inspector.

The Building Inspector of the City of Mazeppa is hereby authorized, empowered, and directed to make an inspection or cause such an inspection to be made of all construction sites in the City of Mazeppa to determine whether or not the work done conforms in all respects to the provisions of this ordinance and the State Building Code, and to determine whether or not any safety hazard or fire hazard has been created by the work done. Said Inspector in the discharge of his official duties is hereby vested with full authority to enter any building or enclosure, and said Inspector or his authorized assistant shall be given prompt access to all electric construction and to all buildings, public or private, within the City of Mazeppa.

Section 7. Regulation of Existing Installations.

Any electric wires, appliances, or machinery in the City of Mazeppa, whether already constructed or proposed, whether specifically regulated by the terms of this ordinance or not, which are used in such a way as to cause danger to life or property shall be subject to the supervision of the Inspector who shall have power to make wiring appliances or machinery conform to the true intent of public safety so as to protect persons and property; the said Inspector shall have the power to cause all electric wires, appliances, or machinery hereafter existing or to be constructed in said City constructed, placed, supported, and guarded in a proper manner and with due regard to the protection of life and property.

Section 8. Disconnect Dangerous Wiring.

When wiring or other electric appliances are found to be in a dangerous condition or when in the opinion of the Inspector such procedure is deemed necessary in order to prevent accidents or danger to life or property, the said Inspector is hereby authorized to disconnect such wiring or electric appliances or to cause the same to be disconnected from service, and it shall be unlawful for any person or persons to use or operate any such wiring or appliances or reconnect the same to any electric energy, or to use the same as part of any electric system, until they have been put in a safe condition and a certificate of acceptance has been
issued by the said Inspector.

Section 9. Correction of Unsafe Conditions.

Whenever any building or structure is found in a condition dangerous to its occupants, or any other person, or to adjacent property, or to be unsafe for its intended use, in the opinion of the Building Inspector or the Fire Chief, they shall report the same to the City Council, who shall have authority to notify, in writing, the owner, agent, or person in charge thereof requiring such changes or removal to be made as may be necessary to correct the conditions described, and they shall fix a time limit for its correction, and may also place at the entrance of such structure a notice that the building is in a dangerous condition and has been condemned, and it shall be unlawful for any person to remove such notice without a written permission before the City council. If the owner or any person in charge of such building or structure, when so notified by said City Council, shall fail to place the same in a safe condition, or to adopt such emergency measures as shall have been directed within the time specified, it shall be unlawful thereafter for any person, firm, or corporation to occupy or use said building or structure until it has been rendered safe, and the same approved by said City Council.

Section 10. Violation.

Any person who shall violate any of the provisions of this ordinance or fail to comply therewith or who shall violate or fail to comply with any order or regulation made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, shall severally for each and every violation and noncompliance, respectively, be guilty of a misdemeanor. The imposition of one penalty for any violation of this ordinance shall not excuse a violation nor permit it to continue, and all persons shall be required to correct or remedy such violations or defects within a
reasonable time. Each separate day of violation shall constitute a separate offense. The application of penalty above shall not be held to prevent the enforced removal of prohibited conditions pursuant to this ordinance.

Section 11. Provisions Invalid.

If any provision of this ordinance is declared invalid, it shall not be held to impair the validity or effect of any other provisions of this ordinance.

Section 12. Construction of Residential Dwellings.

No dwelling or building intended for use as a residence shall be constructed or moved onto a lot within the City of Mazeppa which does not meet the specifications contained in the definition of residential dwelling as defined in Section 13 below.

Section 13. Residential Dwelling.

A residential dwelling shall be defined as a detached dwelling unit including but not limited to stick-built housing, manufactured housing complying with Minnesota Statutes Sections 327.31 to 327.35, and mobile homes complying with Minnesota Statutes Sections 327.31 to 327.35, designed for and occupied by one family only which meets the following specifications:

(a) At least 24 feet wide at its narrowest point measured form the face of the exterior walls for a minimum distance of 36 feet;

(b) Is at least 36 feet long;

(c) Has a minimum of 864 sq. feet of enclosed year round living area on its ground floor;

(d) Is placed on a permanent foundation which complies with all standards and specifications of the Uniform Building Code as adopted in Minnesota. The foundations shall be solid foundations extending the entire length and width of the dwelling;

(e) Has a roof which meets the standards and specifications of the Uniform Building Code as adopted in Minnesota or Minnesota Statutes Section 327.32, Subd. 5 as to design, wind, and load requirements and covering;

(f) Has exterior walls and attic areas which meet minimum energy envelope requirements. Exterior walls must be covered with siding which meets the standards and specifications of the Uniform Building Code as adopted in Minnesota or Minnesota Statutes Section 327.32, Subd. 5.

(g) Has such architectural design, color, roof, and exterior building material which are not too inconsistent with surrounding buildings and areas as to constitute a blight, or devalue surrounding property, or otherwise impair the health, safety, and welfare of the community.

Section 14. Mobile Home.

“Mobile home” shall be defined as a manufactured, transportable, residential dwelling unit suitable for year round occupancy containing water supply, waste disposal, heating, or electrical facilities that are designed for attachments to outside systems or sources.