Loading...
HomeMy WebLinkAboutDecember 13, 1993OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 13, 1993 The Council Meeting was called to order at 7:00 p.m. by Mayor Murzyn. ROLL CALL Nawrocki, Clerkin, Ruettimann, Peterson, Murzyn - present 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA The following items on the Consent Agenda were addressed by the City Council: Renewal of Class B License by Lion's Club for Dick's Place The Council directed the City Manager to forward a letter to the State Charitable Gambling Board indicating that the City of Columbia Heights has no objection to the renewal of a Class B charitable gambling license for the Columbia Heights Lions Club for Dick's Place, 547 40th Avenue Northeast, Columbia Heights and the Council waived the remainder of the sixty day notice to the local governing body. Class B License _~y Lions Club for !ycoon Bar T}~e Council directed the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to the issuance of a Class B charitable gambling license for the Columbia Heights Lions Club for Tycoon Bar, 4952 Central Avenue Northeast, Columbia Heights and the Council waived the remainder of the sixty day notice to the local governing body. Renewal of One Time Raffle by Minnesota Waterfowl Association The Council directed the City Manager to advise the Minnesota Charitable Gambling Control Board that the City has no objections to the issuance of a one time raffle to be conducted by the Minnesota Waterfowl Association at Murzyn Hall and the sixty day waiting period was waived, such action stipulated upon the Association paying the $25 license fee to the City of Columbia Heights. League of Minnesota Cities Annual Membership Dues The Council approved the continued membership with the League of Minnesota Cities and authorized the payment of $8,746 for the 1994 annual membership dues. REGULAR COUNCIL MEETING DECEMBER 13, 1993 PAGE 2 o Designating an Official Newspaper for 1994 The Council designated the Columbia Heights Focus as the official City newspaper for 1994 and authorized the Mayor and City Manager to enter into an agreement with the Columbia Heights Focus for required publications. Workers' Compensation Insurance The Council authorized the City Manager to renew the workers' compensation insurance policy from the League of Minnesota Cities' Insurance Trust under the retrospectively rated premium option using a maximum factor of 130% at the rates specified in their quotation. Councilmember Nawrocki requested information regarding the rate range for 1993. Attendance at Mn/DOT Grading and Base II Course by Engineering Tech IV The Council authorized the Engineering Technician IV to attend the Grading and Base II course in Duluth, Rochester, or Bemidji, depending on space availability and that all related expenses be reimbursed from funds 212-43190-3105 and 212- 43190-3320. ~.Ayment of Bills The Council authorized the payment of the bills as listed out of proper funds. APPROVAL OF CONSENT AGENDA Motion by Nawrocki, second by Clerkin to approve the Consent Agenda. Roll call: All ayes APPROVAL OF MEETING MINUTES Motion by Nawrocki, second by Ruettimann to approve the minutes of the Regular Council Meeting of November 22, 1993, the Levy Hearing of November 29, 1993, the Truth In Taxation Hearing of December I, 1993 and to table for further consideration the minutes of the Continued Truth In Taxation Hearing of December 8, 1993. Roll call: All ayes Councilmember Nawrocki will advise the Council Secretary of the changes/additions he desires for the December 8, !993 Continued Truth In Taxation Hearing. 5. PRESENTATIONS AND OPEN MIKE REGULAR COUNCIL MEETING DECEMBER 13, 1993 PAGE 3 a. Presentation of Plaque to Don Jolly Mayor Murzyn presented a plaque to Don Jolly in recognition of his thirty eight years of service as a City employee. b. N.S.P. Enerqy Rebate Presentation A representative of Northern State Power Company presented two checks totalling $10,161.78 to the Mayor for energy rebates. These rebates resulted from the City's energy savings program with Honeywell. c. NOD Presentation Cash Award for Castle Heights Representative Wayne Simoneau presented a $3,500 check to the Mayor awarded by the National Organization on Disabilities for the Castle Heights Project. Motion by Nawrocki, second by Murzyn that the funds represented by the check be made available for the Castle Heights Committee to use for the Castle Heights project. call: All ayes Marcia Stroik, Castle Heights Project Chairperson, advised the Council how these funds will be used. Councilmember Nawrocki observed this project is an excellent example of volunteerism and suggested volunteer projects were better left to community organizations and groups. He felt this would be preferable rather than being managed/organized by a City employee. d. Open Mike Ms. Jamie Davis, 4624 Pierce Street, advised the Council she had resided in Columbia Heights previously. She recently moved back into the community in the Sheffield Neighborhood where she had formerly lived. She has noticed improvements in her area and stated her concern for the Council's future plans. Ms. Davis stated her opposition to having many of the rental properties razed and felt they could once again be housing for good tenants. She had been advised the Council intended to level much of the housing it is proposing to purchase. Councilmember Ruettimann assured Ms. Davis the Council is not only considering one alternative but is also considering rehabing some of the units, rebuilding some of them into single family homes and other alternatives which would include owner-occupied situations. He also noted that many of the units are presently vacant. REGULAR COUNCIL MEETING DECEMBER 13, I993 PAGE 4 Mayor Murzyn stated no decisions have been made to tear any of these structures down. He also noted that the Council values the residents of the area as a valuable resource. The SHINE neighborhood organization is a good avenue for resident input. Harold Hoium suggested that Columbia Heights is viewed as a convenient place for drug dealers to do business. He is of the opinion that there are never any prosecutions of drug dealers. Mr. Hoium stated he has questioned court services personnel who are officed in the Columbia Heights Court and they have indicated to him they are unaware of any drug dealer prosecutions. Mr. Hoium was advised these types of court affairs are held only in the Anoka County Court House in Anoka. Drug dealer prosecutions are hand]ed through Anoka County prosecutor's office and there have been many of them. Dick Novak, 4]46 Cleveland Street, advised the Council of his interest in being appointed to serve on the Science, Technology and Energy Commission. All members of the Council were in receipt of his application. PUBLIC HEARINGS/ORDINANCES/RESOLUTIONS a. Public Hearing - Basic Cable Rates Tom Creighton, the cable counsel, explained this public hearing is to discuss establishing rates-for basic cable service supplied by Meredith Cable. Since there is important information still needed, Mr. Creighton recommended this public hearing be continued. He felt this was necessary as the cable rates are still not "system specific." Noting that the City has no control over the premium channel rates, Councilmember Nawrocki stated it is significantly important to find out how the company allocates costs. Motion by Ruettimann, second by Clerkin to waive the reading of the ORDER regarding the tolling of the effective date of the initial rates submitted by Meredith Cable to the City of November 15, 1993 and to continue the public hearing until January 24, 1993. Roll call: All ayes b. Resolution No. 93-65; Resolution Authorizing the Purchase of Various Residential Properties Located in the Sheffield Neighborhood REGULAR COUNCIL MEETING DECEMBER 13, 1993 PAGE 5 This resolution addresses purchasing thirteen duplexes in the Sheffield Neighborhood. The City Manager reviewed the purchase agreement and possible sources for funding. Motion by Ruettimann, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes Councilmember Nawrocki felt the price of these properties was too high. Me was also concerned with having no opportunity for public input nor public hearing. He recommended this issue be delayed until the City's residents could be informed of the potential use of public money to purchase these structures. The City Manager advised there was some urgency expressed by the seller who had hoped to have the matter for consideration by December 14th. Motion by Nawrocki, second by Clerkin to table this matter until the December 27, 1993 Council Meeting and to direct staff to work with the local newspapers to publicize this matter and encourage local input. Roll call: Clerkin, Nawrock~ - aye Ruettimann, Peterson, Murzyn - nay Motion fails. Councilmember Nawrocki inquired if these buildings had been recently inspected. The City Manager responded they are inspected periodically and there had been some minor vandalism. Currently, the condition of all of the buildings would make them unlicensable. Discussion continued regarding title insurance, taxes and assessments, warranty deeds and the future disposition of the vacant buildings. The City Manager feels the buildings do not warrant boarding up but general maintenance regarding snow removal and yard work will be done. Keith Roberts, Chairperson of SHINE, advised that any delay could cause one third of the vacant buildings to go into foreclosure and then there would be three landlords with whom to deal. He speculated this could risk having the purchase price of the properties increase. Councilmember Nawrocki again stated his position that there should be some public forum for resident input when $702,000 of public money is being spent. Lee Stauch, owner of these properties, indicated his desire to move on with these sales as quickly as possible. REGULAR COUNCIL MEETING DECEMBER 13, ]993 PAGE 6 RESOLUTION NO. 93-65 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, AUTHORIZING THE PURCHASE OF VARIOUS RESIDENTIAL PROPERTIES LOCATED IN THE SHEFFIELD NEIGHBORHOOD WHEREAS, the City Council of the City of Columbia Heights (the "City") and the Housing and Redevelopment Authority in and for the City of Columbia Heights (the "Authority") have been working jointly to prepare a Redevelopment Plan for the Sheffield Neighborhood entitled "The Sheffield Neighborhood Revitalization Program" (the "Redevelopment Plan"); and WHEREAS, the City and the Authority have found within the Sheffield Neighborhood there exists conditions of deterioration, substandard residential structures, residential units iD Deed of compulsory repairs which are in violation of the City Housing Code and City Ordinances and there exists a need for intervention by the public sector to prevent further deterioration of the area, and WHEREAS, the City has an option to acquire 13 such non-owner occupied duplexes pursuant to that certin Purchase Agreeme~' by and between the City of Columbia Heights and Leland W. and Audrey K. Stauch (the "Sellers") and the Purchase Agreement was signed by the Sellers on December 9, I993, and is provide~ herewith; and WHEREAS, the City and the Authority are working jointly finalize a budget and a source of permanent funds to acquire the rea] property to be conveyed by the Seller to the City according to the terms of the Purchase Agreement. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights that: 1. The City Council hereby approves the terms of the Purchase Agreement and authorizes the Mayor and City Manager to sign it on behalf of the City. 2. The City Council hereby authorizes the City Manager to handle all the requirements and conditions in order for the City to complete the transaction contemplated in the Purchase Agreement. 3. The City Council approves an interim source of funding from Capital Improvement Fund 410 in the amount of $707,000, wit?~ an interfund loan from the Retained Earnings Fund 652~ Sewer REGULAR COUNCIL MEETING DECEMBER 13, 1993 PAGE 7 Construction Fund, so the City may acquire the real property as provided in the Purchase Agreement. 4. The City Manager is authorized to work jointly with the Authority to identify a permanent source of project financing. 5. The Interim Sources will be repaid at such time when sources of permanent financing for the costs identified in the Redevelopment Plan have been received by the City. Passed this 13th day of December, 1993. Offered by: Seconded by: Roll call: Ruettimann Peterson C]erkin, Ruettimann, Peterson, Murzyn - aye Nawrocki - abstain Mayor Donald J. Murzyn, Jr. Jo-Anne Student, Council Secretary c. Resolution No. 93-66; Resolution Establishing Senior Citizen Eligibility Standards for Refuse, Sewaqe Disposal and Water SUDDlY Utility Rates Motion by Nawrocki, second by Clerkin to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 93-66 RESOLUTION ESTABLISHING SENIOR CITIZEN ELIGIBILITY STANDARDS FOR REFUSE~ SEWAGE DISPOSAL AND WATER SUPPLY UTILITY RATES WHEREAS, the City Council has previously established eligibility standards for senior oitizens for refuse service, disposal and water supply; and WHEREAS, it has been the City's practice to maintain un]form eligibility standards whenever possible: NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights as follows: 1. That anyone over 62 years of age with a maximum household income of $15,000 wi]] be eligible for reduced rates. BE IT FURTHER RESOLVED that the above eligibility standard be effective January 1, 1994. REGULAR COUNCIL MEETING DECEMBER 13, 1993 PAGE 8 Passed this 13th day of December, 1993. Offered by: Seconded by: Roll call: Nawrocki Ruettimann Ali ayes Mayor Donald J. Murzyn, Jr. Jo-Anne Student, Council Secretary d. Resolution No. 93-67; Beinq a Resolution Establishinq Policy for Discontinuance of Residential Refuse Service While Residential Property is Vacant Motion by Ruettimann, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 93-67 ESTABLISHING A POLICY FOR THE DISCONTINUANCE OF RESiDENTiAL REFUSE SERVICE WHILE A RESIDENTIAL PROPERTY IS VACANT WHEREAS, on December 10, 1990, the City Council of the City of Columbia Heights established a policy whereby refuse credit would be granted only when the water service to the property has been discontined, and the garbage cans and recycling containers are placed in an inaccessible location for pickup; and WHEREAS, the City Council of the City of Columbia Heights desires to allow a refuse credit on residential property when the property is vacant for thirty (30) days or more without requiring the water service to be discontinued; and WHEREAS, the City Council of the City of Columbia Heights desires to establish a minimum monthly refuse fee while refuse service is discontinued; NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, that residential refuse service may be discontined when the property is vacant for thirty (30) days or more provided all of the following conditions are met: 1. A customer must notify the City utility billing department in writing a minimum of two (2) weeks prior to the property being vacant. REGULAR COUNCIL MEETING DECEMBER 13, 1993 PAGE 9 2. Refuse service must be discontined in increments of one (I) week. 3. Refuse and recycling containers must be placed in an inaccessible location. BE IT FURTHER RESOLVED that the following administrative procedures be followed: ]. Refuse service will then be discontined and the customer will be given credit in one (1) week increments on their utility bill for the period of discontinuance. 2. The City Council will set a monthly refuse administrative service fee by resolution for the period of time the residential property is vacant. This fee will be charged for any month or portion of a month that the property is vacant. 3. The initial monthly fee will be Five Dollars ($5.00). Motion by Nawrocki to amend and to strike #3 in the first RESOLVE. Motion dies for lack of a second. Passed this ]3th day of December, 1993. Offered by: Ruettimann Seconded by: Peterson Roll call: All ayes Mayor Donald ~J. Murzyn, Jr. Jo-Anne Student, Council Secretary e. First Reading of Ordinance No. 1281, Being an Ordinance Amending Ordinance No. 853, City Code of 1977, as Amended, Pertaining to the Housing Maintenance Code and Licensing Rental Units Motion by Ruettimann, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1281 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AS AMENDED, PERTAINING TO THE HOUSING MAINTENANCE CODE AND LICENSING RENTAL UNITS REGULAR COUNCIL MEETING DECEMBER ]3, 1993 PAGE ]0 ORDINANCE NO. 1281 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AS AMENDED PERTAINING TO THE HOUSING MAINTENANCE CODE AND LICENSING RENTAL UNITS The City of Columbia Heights does ordain: SECTION 1: Chapter 5A of Ordinance No. 853, City Code of 1977, as amended, which has been repealed by Ordinance No. , shall hereafter read as follows, to wit: Chapter 5A HOUSING MAINTENANCE CODE Article I General Provisions Section 1: Statement of Purpose 5a.i01(1) The purpose of the Housing Maintenance Code (hereinafter referred to in Chapter 5A as "Code") is to protect the public health, safety and general we]fare of the people of this City. These objectives include, among others~ the following: (a) To protect the character and stability of residentia! areas within the city; (b) To correct and prevent housing conditions that adversely affect or are likely to adversely affect the life, safety, genera] welfare, and health; (c) To provide minimum standards for heating, for sanitary equipment and for light, and ventilation necessary to protect the health and safety of occupants of building; (d) To prevent the overcrowding of dwellings; (e) To provide minimum standards for the maintenance of existing residential buildings and to thus prevent substandard housing and blight; (f) To preserve the value of land and buildings throughout the city. 5A.101(2) With respect to disputes between landlords and tenants, and except as otherwise specifically provided by terms of this Ordinance, the City Council will not intrude upon the accepted contractual relationships between landlords and tenants. The City Council will not intervene as an advocate of either party, nor will it act as an arbiter, nor REGULAR COUNCIL MEETING DECEMBER 13, 1993 PAGE 1I will it be receptive to complaints from landlords or tenants which are not specifically and ulearly relevant to the provisions of this Code. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of City government. In enacting this Code, the Council does not intend to interfere or permit interference with legal rights to personal privacy. Section 2: Applicability 5A.102(1) This Code establishes minimum standards for maintaining dwellings, accessory structures and premises. This Code is intended to provide standards for housing. Applicable requirements shall apply to all apartment units, homes, accessory structures, rooming houses, lodging and/or boarding houses and house trailers used or intended for use for human habitation. Section 3: Definitions 5A.103(1) The following definitions shall apply in the interpretation and enforcement of this Code, to-wit: (a) Accessory Structure. A structure subordinate to the main or principal dwelling or dwellings which is not authorized to be used for living or sleeping by human occupants and which is located on or partially on the premises. (b) Apartment Unit. Apartment, apartment unit, or dwelling unit means a room or group of rooms located within a building which form a single habitable unit with facilities which are used or are intended to be used for living, sleeping, cooking or eating. (c) Approved. An indication that an item meets construction, installation, and maintenance standards of the State of Minnesota and of this Code. (d) Basement. Any floor level below the first story in a building, except that floor level in a building having only one floor level shall b~ classified as a basement unless such floor level qualifies as a first story as defined herein. (e) Building. Any structure having a roof which may provide shelter or enclosure for persons, animals, or chattels, and, when said structure is divided by party walls without openings, each portion of such building so separated shall be deemed a separate building. REGULAR COUNCIL MEETING DECEMBER 13, 1993 PAGE 12 (f) Building Official. Agent designated by the City Manager to enforce provisions of the Housing Maintenance Code. (g) Clean. The absence of rubbish, garbage, vermin or other unsightly, offensive or extraneous matter. (h) Dwelling. A structure or portion thereof designed exclusively for residential occupancy, including boarding and lodging houses, but not including hotels and motels. (i) Dwelling Unit. Dwelling unit has the same meaning as apartment unit (within this Code). (j) Exit. A continuous and unobstructed means of eqress to a public way and shall include intervening doors, doorways, corridors, ramps, stairways, smoke-proof enclosures, horizontal exits, exit passageways, exit courts and yards. (k) Family. An individual, or two or more persons each related by blood, marriage, adoption, or foster children, living together as a single housekeeping unit; or a group of not more than four persons not so related, maintaining a common housel~o!d and using common cooking and kitchen facilities. (1) Functioning. In such physical condition as to safely perform the service or services for which an item is designed or intended. (m) Garbage. Garbage is defined in §5.605(.2) (a). (n) Habitable. A dwelling unit or part thereof that meets minimum standards for use as a home or place of abode by one or more persons. (o) Hot Water. Water heated to a temperature of not less than 110 degrees Fahrenheit, measured at faucet outlet. (p) Housing Code. Section 5A of th~s Code together with the Uniform Housing Code, 1985 Edition, International Conference of Building Officials. (q) Infestation. The presence within or around a dwelling or dwelling unit of any insect, rodent, vermin or other pest. (r) Kitchen. A habitable room within a dwelling unit intended to be used for the cooking of food or preparation of meals. REGULAR COUNCIL MEETING DECEMBER 13, 1993 PAGE 13 (s) Occupant. Any person (including owner or operator) living, sleeping, cooking or eating within a dwelling unit. (t) Owner. Any person, firm or corporation who, alone, jointly, or severally with others, shall be in actual possession of, or have charge, care control of any dwelling, dwelling unit, or rooming unit within the City as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder. Also, any person, firm or corporation who has the right to determine who occupies a rental structure (even though that right may be subject to a lease or rental agreement), or a person, firm, corporation who shall have the power to rent or let premises to another for purposes of this Code. (u) Person. Any individual, firm, partnership, association, corporation, company or a joint venture or organization of any kind. (v) Premises. A platted lot. or part thereof or unplatted parcel of land, and adjacent right-of-way either occupied or unoccupied by a~y dwelling or structures. (w) Public Hall. A hall, corridor or a passageway for providing egress from a dwelling unit to a public way and not within the exclusive control of one family. (x) Rental Dwelling. Any dwelling for hire with one or more living units. Rental dwellings for purposes of this Code do ncr include hotels, motels, hospitals or hames for the age~. (y) Repair. Repair shall mean to restore to a sound, acceptable state of operation, serviceability or appearance. Repairs shall be expected to last as long as with the replacement by new items. (z) Rodent Harborage. A place where rodents commonly live, nest, or establish their habitat. (aa) Replace or Replacement. To remove an existing or portion of a system and to construct or install a new item or a quality similar to that of the existing item when it was new. Replacement ordinarily takes place when repair of the item is impractical. (bb) Rooming Houses. Any group of rooms which form single habitable units used or intended to be used for living and sleeping, but not for cooking or eating purposes. REGULAR COUNCIL MEETING DECEMBER 13, 1993 PAGE 14 (cc) Rubbish. Rubbish is defined in §5.605(2)(b) of this City Code. (dd) Safe. The condition of being free from danger and hazards which may cause accidents or disease. (ee) Story, First. The lowest story Jn a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor ]eve] shall be classified as a first story, provided such floor level is not more than four feet below grade, as defined herein, for more than fifty percent of the total perimeter, or more than eight feet below grade, as defined herein, at any point. (fl) Unsafe. As applied to a structure, a condition or a combination of conditions which are dangerous or hazardous to persons or property. (gg) Unsanitary. Conditions which are dangerous or hazaraot, s to the health of persons. (hh) Water Closet. A toilet, with a bowl and trap made in one piece, which is connected to the City water and sewage system or other approved water supply and sewer system. 5A.t03(2) Whenever the words "dwelling," "dwelling unit," "premises," or "structure" are used in this Chapter, they shall be construed as though they were followed by the words"or any part thereof." Article II Minimum Standards Section 1: Basic Equipment and Facilities 5A.201(1) No person shall occupy as an 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, to-wit: (a) Kitchen Sink. Each unit must contain a kitchen sink in good working condition and properly connected to an approved water supply system and which provides at all times an adequate amount of heated and unheated running water under pressure and which is properly connected to the city sewage system. (b) Kitchen Storage. Each unit. must contain a counter or table for food preparation and must contain cabinets and/or shelves for storage of eating, drinking and cooking equipment REGULAR COUNCIL MEETING DECEMBER 13, 1993 PAGE 15 and utensils and of food that does not require refrigeration for safekeeping. All cabinets, shelves, counter tops, and tables shall be of sound construction covered with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food. (c) Food Storage and Preparation. Each unit must contain an operational and functioning stove for cooking food and a refrigerator for the safe storage of food which are properly installed with all necessary connections for safe, sanitary and efficient operation. Such stove or refrigerator need not be installed when a dwelling unit is not occupied and when the occupant is required to provide a stove or refrigerator on occupancy. If the occupant is required to furnish a stove or refrigerator, sufficient space and adequate functioning connections for the installation and operation of the stove and refrigerator must exist. (d) Toilet Facilities. Every dwelling unit shall contain a nonhabitable room which is equipped with a flush water closet in compliance with §6.201(1). Such room shall have an entrance door which affords privacy. Said flush water closet shall be equipped with easily cleanable surfaces, shall be connected to an approved water system that at all times provides an adequate amount of running water under pressure to cause the water closet to be properly functioning, and shall be connected to the City sewer system. (e) Lavatory Sink. Every dwelling unit shall contain 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 leading directly into the room in which said water closet is located. The lavatory sink shall be Jn 9ood workin~ and functioning condition, shall be properly connected to an approved water system, shall provide at all times an adequate amount of heated and unheated running water under pressure, and shall be connected to the City sewer system. (f) Bathtub or Shower. Every dwelling unit shall contain a nonhabitable room which is equipped with a bathtub or shower in good working condition. Such room shall have an entrance door which affords privacy. A bathtub or shower shall be properly connected to an approved water supply system, shall provide at all times an adequate amount of heated and unheated water under pressure, and shall be connected to the City sewer system. REGULAR COUNCIL MEETING DECEMBER 13, 1993 PAGE 16 (g) Stairways, Porches and Balconies. Every stairway or flight of stairs, whether inside or outside of a dwelling, and every porch or balcony shall be kept in safe condition, sound repair, and free of deterioration. Every stairwell and every flight of stairs which is four risers or more high shall have handrails which conform to the standards set forth in §6.201(1). Every porch, balcony or deck which is more than thirty (30) inches high shall have a guardrail located at ]east thirty-six (36) inches above the floor of the porch or balcony. Every handrail and guardraii shall be firmly fastened and maintained in good condition. No flight of stairs shall have settled out of its intended position or have pulled away from the supporting or adjacent structures enough to cause a hazard. No flight of stairs may have rotting, loose or deteriorating supports. The treads and risers of every flight of stairs, except spiral or winding stairways, shall be essentially uniform in width and height. Stairways shall be capable of supporting a live load or one hundred (I00) pounds per square foot of horizontal projection. (h) Access to Dwelling Unit. Access to or egress from each dwelling unit shall be provided without passing through any other dwelling unit. (i) Ail buildinqs inspected under Chapter 5A, the Housinq Maintenance Code, shall conform to applicable Uniform Buildin~ Code and Uniform Fire Code standards and requirements. (j) All repairs, replacements or maintenance to the structure or dwe]linq unit shall conform to the surroundinq buildinq materials and genera] appearance of the existinq area. (k) All owners of rental dwellinqs shall provide telephone access number(s) to be used in emerqency situationsf includinq emerqency maintenance and repair. This requirement shall be a condition precedent to the issuance of any rental license. Section 2: Door and Window Locks 5A.202(1) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, cooking or eating unless all exterior doors of the dwelling or dwellinu unit are equipped with safe and functioning door and window locks which comply with the following requirements, to-wit: (a) When access to a dwelling unit door is gained through a common corridor or entrance in a dwelling in which four (4) or more dwelling units share a common entrance or corridor, an REGULAR COUNCIL MEETING DECEMBER 13,1993 PAGE 17 approved security system shall be ma'intained for each multiple family building to control access. The security system shall consist of locked building entrance or foyer doors, and locked doors leading from the hallways into individual dwelling units. Dead-latch type door locks shall be provided with releasable lever knobs (or doorknobs) on the inside of building entrance doors and with key cylinders on the outside of the building entrance doors. Building entrance door- latches shall be of the type that are permanently locked. An approved lock box with buildinq entry key, boiler room keyj_ laundry and common area keys, all marked individual]~ accessible to the Fire Department must be provided for access to the building. They enumerated keys must be present in the lock box at all times. A communication system or device such as an intercom, teleph~ne~ audible bell or buzzer or other ~pproyed means or makinq contact with the tenants must be (b) Every door that provides ingress or egress for a ~wei/ing unit within a multiple family unit shall be equipped with an approved lock that has a dead locking bolt that cannot be retracted by end pressure; provided, however, that such doers shall be openabie from the inside without the use of a key or any special knowledge or effort. (c) All inqress, egress and interior doors shall be kep__t___f~_'ee of holes and/or punctures. Section 3: Light, Ventilation and Electric 5A.203(1) No person shall occupy as an owner-occupar~t or !et to another for occupancy any dwelling or dwelling unit for purpose of living, sleeping, cooking or eating therein which does not comply with the following requirements, to-wit: (a) Habitable Room Ventilation. Every habitable room shall have at least one window facing directly outdoors which can be easily opened unless the room contains, in lieu thereof, another device affording ventilation which has been approved by the Building Official. The minimum total of openable window area in every habitable room shall be the greater of four percent (4%) of the floor area of the room or four (4) square feet. (b) Sleeping Room Egress. Sleeping rooms in buildin~q:.5 existinq_prior to this code must have window or do_o__r_o!!enin~_g_s_ for eqress of no less than four (4) square feet or the minimums size requ_!_r_~e.d__b_y the Buildinq. Code in effect when the dwellinq was constructed. Space that is added on or converted to REGULAR COUNCIL MEETING DECEMBER 13, 1993 PAGE 18 sleeping rooms must meet. the applicable codes at the time of conversion for habitable rooms and provide a means of eqress with openable area of no less than 5.7 square feet. (c) Nonhabitable Room Ventilation. Every bathroom, water closet compartment, laundry room, utility room, or other nonhabitable room shall contain a minimum total of openab]e window area of no less than 1.5 square feet, except that no windows shall be required if such rooms are equipped with a functioning ventilation system which is approved by the Building Official. (d) Electrical Service, Outlets and Fixtures. Every dwelling unit and ail public and common areas shall be supplied with functioning electrical service, functioning overcurrent protection devices, functioning electrical outlets, and functioning electrical fixtures which are properly installed, which shall be maintained in a safe working condition and which shall be connected to a source of electric power ~n a manner prescribed by §6.201(1). The minimum capacity of such electric service and the minimum number of electric outlets and fixtures shall be as follows: (i) A dwelling containing two or more units shall have at ]east the equivalent of sixty (60) ampere, three-wire electric service per dwelling unit. (ii) Each dwelling unit shall have at least one branch electric circuit for each six hundred (600) feet of dwelling unit floor area. (iii) Every habitable room shall have at least the lessor two floor or wall type electric convenience outlets or one such outlet for each sixty (60) square feet. of fraction thereof of total floor area; provided, however, the one ceiling or wall-type light fixture may be substituted for one required electric outlet. (iv) Every water closet compartment, bathroom, kitchen, laundry room, and furnace room shall contain at least one supplied ceiling or wall-type electric light fixture, and every bathroom, kitchen, and laundry room shall contain at least one electric convenience outlet. (v) Every public hail and stairway in every rental dwelling shall be effectively illuminated by natural or electric light at all times. In structures containing not more than two dwelling units, conveniently located functioning light switches controlling an adequate functioning lighting system REGULAR COUNCIL MEETING DECEMBER I3, 1993 PAGE 19 which may be turned on when needed may be substituted for full-time lighting. Section 4: Minimum Thermal Standards 5A.204(1) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living,- sleeping, cooking or eating therein unless such dwelling or dwelling unit shall have heating facilities which are properly installed and maintained in safe and functioning condition, which are capable of safely heating all habitable rooms, bathrooms and water closet compartments in every dwelling unit located therein to a temperative of at ]east seventy (70) degrees Fahrenheit at a distance of three (3) feet above floor level and at three (3) feet from exterior walls, and which shall comply with the following requirements, to-wit: (a) Gas or electrical appliance designed primarily for cooking or water heating purposes shall not be considered as heating facilities within the meaning of this section. (b) Portable heating equipment employing flame or the use of liquid fuel shall not be considered as heating facilities within the meaning of this section and is prohibited. (c) No owner or occupant shall install, operate or use a space heater employing a flame that is not vented outside the structure in an approved manner. (d) No owner shall supply portable electric heaters to comply with this §5.204(1). Section 5: Foundation, Exterior Walls, and Roofs 5A.205(]) No person shall occupy as an owner-occupant or ]et to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, eating or cooking therein which does not comply with the following requirements, to-wit: (a) The foundation, exterior walls and exterior roof shall be water tight and protected against vermin and rodents and shall be kept in sound condition and repair. The foundation element shall adequately support the building at all points. Every exterior wall shall be free of structural deterioration or any other condition which might admit rain or dampness to the interior portion of the walls or to the interior spaces of the dwelling. The roof shall be tight and have no defects which admit rain or roof drainage and shall be adequate to prevent REGULAR COUNCIL MEETING DECEMBER 13, 1993 PAGE 20 rain water from causing dampness in the walls. All exterior surfaces, other than decay resistant materials, shall be covered by paint or other protective covering or treatment which protects the exterior surfaces from elements and decay in a functioning manner. If 25% or more of the total exterior surface of the pointing of any brick, block or stone wall is loose or has fallen out, the surface shall be protected as heretofore provided. (b) Windows, Doors and Screens. Every window, exterior door and hatchway shall be tight and shall be kept in repair. Every window other than fixed window shall be capable of being easily opened and shall be equipped with screens between May ] and September 30, inclusive, of each year. Every window, door and frame shall be constructed and maintained in such relation to the adjacent, wall construction as to completely exclude rain, vermin, rodents, and insects from entering the building. (c) Floors, Interior Walls and Ceilings. Every floor, interior wall and ceiling shall be protected against the passage and harborage of vermin and rodents and shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or rotted flooring materials. Every interior wall and ceiling shall be maintained in a tight weatherproof condition and may not be covered wholly or partially by toxic paint or materials with a lasting toxic effect. Every toilet room and bathroom floor surface shall be capable of being easily maintained in a clean state. (d) Rodent Proof. Each part of every dwelling shall be rodent resistant. All openings in exterior walls, foundations, basements, ground or first floors or roofs which have an opening of ½" diameter or larger shall be rodent-proofed in an approved manner. Interior floors, basements, cellars and other areas in contact with the soil shall be enclosed with concrete or other rodent impervious material. (e) Fence Maintenance. All fences on the premises where the dwelling or dwelling unit is located shall be maintained in accordance with §6.401 to §6.403, inclusive, of this City Code. (f) Accessory Structure Maintenance. Accessory structures on the premises where the dwelling or dwelling unit is located shall be structurally sound and maintained in good repair. The exterior of such structures shall be covered with decay- resistant materials such as paint or other preservatives. REGULAR COUNCIL MEETING DECEMBER 13, 1993 PAGE 2I (g) Safe Building Elements. Every foundation, roof, floor, exterior wall, interior wall, ceiling, inside stair, outside stair, porch, balcony and every appurtenance to each of the foregoing shall be safe to use and capable of supporting normal structural loads. (h) Facilities to Function. All equipment, utilities, chimney and flue required under City Code shall function effectively in a safe, sound and working condition. Section 6: Maximum Density and Minimum Space for Rental Units 5A.206(1) No person shall rent or let to another for occupancy any rental dwelling for the purpose of living, sleeping, eating or cooking therein which does not comply with the following requirements, to-wit: (a) Permissible Occupancy of Dwelling Unit. The maximum permissible occupancy of any rental dwelling unit shall be determined as follows: (i) For the first occupant, 150 square feet of habitable floor space and for every additional occupant thereof, at ]east 100 square feet of habitable room floor space. (ii) In no event shall the total number of occupants exceed two times the number of habitable rooms~ less kitchen, in the dwelling unit. 5A.206{2) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling unit for occupancy by more than one family, other than for temporary guests. Section 7: Screening and Landscaping 5A.207(1) No pJrson shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, eating or cooking therein which does not comply with the requirements of this §5A.207. (a) Definitions. For the purposes of this Section, following terms shall have the meanings stated: the (i) Fence. Any partition, structure, wall, or gate erected as a divided marker, barrier, or enclosure, and located along the boundary or within the required yard. REGULAR COUNCIL MEETING DECEMBER 13, 1993 PAGE 22 (ii) Landscape. Site amenities, including trees, shrubs, ground covers, flowers, fencing, berms, retaining walls, and other outdoor finishings. (iii) Mechanical Equipment. Heating, ventilation, exhaust, air conditioning, and communication units integral to and located on top beside, or adjacent to a building. (iv) Retaining Wall. A wall or structure constructed of stone, concrete, wood, or other materials, used to retain soil, as a slope transition, or edge of a plating area. (v) Screening. A barrier which blocks all views from public roads and differing land uses to off-street parking areas, loading areas, service and utility areas, and mechanical equipment. (b) Every yard of any premises on which a dwelling or dwelling unit is located shall have installed and maintained landscaping in accordance with the provisions of this section. (i) Sodding and Ground Cover. All exposed ground area surrounding the principle building and accessory build~ngs~ which are not devoted to driveways, parking areas, sidewalks, or patios, shall be sodded or landscaped with shrubs, trees, gardens, or other ornamental landscape materials. landscaped area shall be used for the parking of vehicles or storage or display of materials, supplies or merchandise. (ii) Slopes and Berms. Final grades with a slope ratio of greater than three (3) to one (I) will not be permitted without special approved treatment such as specia] seed mixtures or reforestation, terracing, or retaining walls. Berming used to provide required screening of parking lots and other open areas shall not have slopes in excess of three (3) to one (1). (iii) Maintenance. Any dead trees, shrubs, ground covers, and sodding shall be replaced in accordance with this Code. Ail trees or other veqetation which spring uD in crevices__b~ foundations must be promptly removed to avoid structural damage. (iv) Placement of Plant Materials. No landscaping shall be allowed within any drainage utility easements, road right-of- way, or immediately adjacent to any driveway or road intersection if such landscaping would interfere with a motorist's view of the street or roadway or with the use of the easement for its intended purpose. REGULAR COUNCIL MEETING DECEMBER ]3, 1993 PAGE 23 (v)Weeds. The maintenance and upkeep of all lawns and yards shall be subject to Chapter 4, Article II, Section 3 of the Columbia Heights City Code, which is incorporated herein by reference. (c) General Screening. All loading, service utility, mechanical equipment, and outdoor storage areas, including dumpsters and refuse containers for dwellings of three (3) or more units shall be screened from all public roads and adjacent differing land uses. All parking lots for dwellings of three (3) or more units if the property on which the lot is located abuts a differing land use and is not separated from the differing ]and use by a public street, roadway or alley shal! e screened from adjacent differing land uses. Screening shall consist of any combination of the earth mounds, walls, fences, shrubs, compact evergreen trees, or dense deciduous hedge six (6) feet in height. Hedge materials must be at least three (3) feet in height, and trees must be at least six (6) feet in height at planting. The height and depth of the screening shall be consistent with the height and size of the area for which screening is required. When natural materials, such as trees or hedges, are used to meet the screening requirements of this sub-section, density and species of planting shall be such to achieve seventy-five (75) percent capacity year-round. (d) Other Parking Lot Screening. All parking lots for dwellings of three (3) or more units which are not required to be screened pursuant to §5A.207(])(c) must either provide screening pursuant to §5A.207(I) (c) or provide a minimum of one deciduous tree for every forty-five (45) feet or portion thereof of parking lot perimeter planted adjacent to the nearest roadway abutting the property on which the parking lot is located. (e) Fences. All fences and screening devices shall be built and regulated in accordance with Chapter 6, Article IV of the Columbia Heights City Code~ which is incorporated herein by reference. (f) Outside storage of articles, equipment, construction materials, items no% designed for exterior use and miscellaneous items including but not limited to lawn mowers and other lawn maintenance equipment shall not be allowed. A weathertight, rodent-proof storage building or shed must be constructed for storage of items not storeable within building. REGULAR COUNCIL MEETING DECEMBER 13, 1993 PAGE 24 (g) Variances under §5A.207 shall be enforced and administered in accordance with §5A.208(2). Section 8: Exterior Parking, Pedestrian Walkways and Lighting 5A.208(1) No person sha]! occupy as an owner-occupant or let to another for occupancy and dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which is located on premises which does not comply with the following requirements, to-wit: (a) One accessible parking space must be provided for each dwelling unit. (b) The required parking space must have a minimum width of 9 feet and a minimum length of 20 feet. (c) All required parking spaces must be surfaced with asphalt cz concrete. (d) Curb guards and/or guardrai]s must be provided for parking spaces situated above retaining walls. (e) An unobstructed path must be provided between parking areas and the dwelling unit. (f) Lighting must be provided for parking areas and wa!kways between the parking area and the dwelling unit in dwellings consisting of three (3) or more units. Lighting must be available for parking areas and walkways between the parking area and the dwelling unit for dwellings of two (2) or less units. (g) In dwellings of three (3) or more units, parking areas and pedestrian walkways must have a minimum light of 1 foot candle, and the maximum light at the boundary line of the premises may not exceed 3 foot candles. (h) Driveways leading to parkinq areas and/or access ways to buildings must be maintained and kept in good repair. In cases of tenant parking areas all parkinq stalls and driveways with access to tenant parking shall be hard surfaced with asphalt or concrete by July 1, 1999. (i) Commercial Vehicles and Junk Cars. Commercial Vehicles and junk cars shall be requlated in accordance with Chapter 7, Article II, Section 5 of the Columbia Heights City Code, which is incorporated herein by reference. REGULAR COUNCIL MEETING DECEMBER ]3, 1993 PAgE 25 5A.208(2) Variances under §5A.207 and §5A.208 shall be enforced and administered in accordance with §9.105. The criteria contained in §9.105(3)(d) shall be applied in deciding whether or not an applicant is entitled to a variance. Section 9: Fire Safety 5A.209(1) No person shall occupy as an owner-occupant or ]et to another for occupancy and dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which does not comply with the following requirements, to-wit: (a) Every existing dwelling unit shall be provided with smoke detectors conforming to U.B.C. Standard No. 43-6. Detectors shal! be mounted on the ceiling or wall at a point centra]ly ]ocated in the corridor or area giving access to rooms used for sleeping purposes. Where sleeping rooms are on an upper level, the detectors shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located in accordance with approved manufacturer's ~nstructions. When actuated, the detector shall provide an alarm in the dwelling unit or guest room. (b) In new construction of any dwelling unit and in cc~on hallways and other common areas of existing units, required smoke detectors shall receive their primary power from the building wiring when such wiring is served from a co~umercia] source. Wiring shall be permanent and without a disconnecting switch other than those required for overcurrent protection. (c) No person, firmr or corporation shall smoke detection device. Any _person~ firm, or corporation proven to have tampered with any smoke detection device shall by ~uilty of a petty misdemeanor, and upon conviction thereof, shall be subject to a fine of not more than two hundred ($200.00) dollars. Section 10: Discontinuance of Service or Facilities 5A.210(1) No owner, operator or occupant shall cause an~ service, facility equipment or utility which is required under thls Ordinance to be removed from or shut off from or discontinued for any occupied dwellinq or dwetlinq unit except for temp_oL~_ interruR~ions as may be necessar~ while actual repairs or alterations are made or dur!ng___tq~AaLy 9~D~encies. Section 11: Public Health and Safe~_x REGULAR COUNCIl, MEETING DECEMBER 13, 1993 PAGE 26 5A.211(1) Rodent Harborages Prohibited in Occupied Areas. No occupant of a dwelling or dwelling unit shall accumulate boxes, ]umber, scrap metal, or any other similar materials in such a manner that may provide a rodent harborage in or about any dwelling or dwelling unit. 5A.211(2) Rodent Harborages Prohibited in Public Areas. No owner of a dwelling containing two or more dwelling units shall accumulate or permit the accumulation of boxes, lumber, scrap_metal or any other similar materials in such a manner ~t__~a~' provide a rodent haboraqe in or about shared or public areas of a dwelling or its premises. 5A.21i(3 Prevention of Food for Rodents. No owner or occupant of a dwelling or dwelling unit shall store, place, or allow to accumulate any materials that ma~ serve as food for rodents n a site accessible to rodents. 5A.211(4) Sanitary Maintenance of Fixtures and Facilities. Every occupant of a dwelling unit shall keep all supplied fixtures and facilities therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and 5A.211(5) Responsibility for Pest Extermination. Eve[y 9squpant of a dwellinq containing a single dwellin~ un~_g_b~.[~ be responsible for the extermination of vermin infestations and/or rodents on the premises. Every___ogc__up_aDJ=__qf unit in a dwelling containing more than one dwe]]inq__u__n_it shall be responsible for such extermination whenever his/her dwelling unit is the only one infested. Notwithstandinq~ however, whenever infestation is caused by the failure of the owner to maintain a dwelling in a reasonable rodent-pFoo~x reasonable vermin-proof condition, extermination shall be the _r__e_so0onsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containinq two or more dwelling units, extermination thereof shall be the responsibility of the owner. Proof of professional extermination shall be supplied to the inspections officer upon request. 5A.211(6) Garbage, Rubbish and Recyclable Materials. Garbage, rubbish, and recyclable materials shall be regulated in accordance with Chapter 8, Article III of the Columbia Hei~bt~ City Code, which is incorporated herein by reference. REGULAR COUNCIL MEETING DECEMBER 13, 1993 PAGE 27 ARTICLE III Inspection and Enforcement Section I: Enforcement and Inspection Authority 5A.301(1) The City Manager and his/her designated agents shall be the Enforcement Official who shall administer and enforce the provisions of the Ordinance. Inspections shall be conducted during reasonable hours, and, upon request, the Enforcement Official shall present evidence of his/her official capacity to the owner, occupant or person in charge of a dwelling unit sought to be inspected. Section 2: Inspection Access 5A.302(1) If an owner, occupant or other person in charge of a dwelling, dwelling unit or of a multiple dwe]!ing fails refuses to permit free access and entry to the structure or premises, or any part thereof, for an inspection authorized by this Ordinance, the Enforcement Official may, upon a showing that probable cause exists for the inspection or for the issuance of an order directing compliance with the inspection requirements of this section with respect to such dwelling, dwelling unit or multiple dwelling, petition and obtain order to inspect and/or search warrant from court of competent jurisdiction. 5A.302(2) Each dwelling or multiple dwel]inq which is the subject of a rental license shall be inspected at least once annually, however each individual dwelling unit shall be inspected upon a change of tenant. It shall be the repponsibility of the owner of the dwel]inq to notify the Ci~,. of any tenant chanqes and schedule the appropriate ~nspections. Failure of the owner to noti.~y the schedule the required inspections, shall be revocation of the owners rental license. Section 3: Compliance Order 5A.303(1) Whenever the Enforcement Official determines that any dwelling, dwelling unit or the premises surrounding any of these fails to meet the provisions of this Ordinance, he/she may issue a Compliance Order setting forth the violations of the Ordinance and ordering the owner, occupant, operator or agent to correct such violations. The Compliance Order shall: (a) Be in writing; (b) Describe the location and nature of the viclations of this Code; REGULAR COUNCIL MEETING DECEMBER 13, 1993 PAGE 28 (c) Establish a reasonable time not greater than 6 months for the correction of such violation and advise the person to whom the notice is directed of the right to appeal; and (d) Be served upon the owner of his/her agent or the occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is: (i) Served upon him/her personally, (ii) Sent by certified mail return receipt requested to his/her last known address, or (iii) Upon failure to effect notice through (i) and iii) as set ¢~ut in this section, posted at a conspicuous place in or about the dwelling which is affected by the notice. Section 4: Posting to Prevent Occupancy 5A.304(]) The Enforcement Official may post any building or structure covered by this Ordinance as being in direct violation of the Ordnance preventing further occupancy. P¢~sting 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 period of time and that the corrections have not been made. Current occupants shall have not more than 60 days to vacate a posted property. Current occupants shall vacate posted property immediately if such occupancy will cause imminent danger to the health or safety of the occupants. No person, other than the Enforcement Official or his representative, shall remove or tamper wi.th 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. Section 5: Right of Appeal 5A.305(1) When a person to whom a Compliance Order is directed alleges that such Compliance Order is based upon erroneous interpretation of the Ordnance or upon a misstatement or mistake of fact, such person may appeal as set forth in §6.202(]). Section 6: Board of Appeals REGULAR COUNCIL MEETING DECEMBER 13, 1993 PAGE 29 5A.306(1) Upon at least five (5) business days notice to the appellant of the time and place for hearing the appeal and within 30 days after said appeal is filed, the Board of Appeals shall hold a hearing thereon. All hearing notices shall be given in the same manner prescribed for giving notice of Compliance Orders under §5A.303(I). All appeals shall be conducted in accordance with Sec. 203, Uniform Housing Code, i985 edition, International Conference of Building Officials. Article IV Licensing Section l: License Required 5A.401(1) No person, firm or corporation shall operate a rental dwelling in the City without having first obtained a license as hereinafter provided from the Building Official. Each such license shall register annually with the Cindy. If the license is denied, no occupancy of dwelling units then vacant or which become vacant is permitted until a license has been issued. Apartment units within an unlicensed apartment building for which a license application has been made and which units are in compliance with this Chapter 5A and with §6.202(1) may be occupied provided that the unlicensed units within the apartment building do not create a hazard to the bealt?: arid safety of persons in occupied units. Section 2: License Procedures 5A.402(1) Within !80 days after the passage of Chapter SA, the owner of any rental unit within the City shall apply to the Building Official for a rental housing license in the manner hereafter prescribed. (a) Application shall be made on forms provided by the City and accompanied by the initial fee in an amount set by resolution of the City Council. The owner of an apartment building or rental home constructed after the date of passage of this Ordinance shall obtain a license prior to actual occupancy of any rental unit therein. (b) Applicants shall provide the following information on license applications: (i) Name and address of owner of the rental dwelling and the name and address of the operator or agent actively managing said rental dwe] ing. REGULAR COUNCIL MEETING DECEMBER 13, 1993 PAGE 30 (ii) The name and address of the vendee if the rental dwelling is being sold on a contract for deed. (iii) The legal description and address of the dwelling. rental (iv) The number and kind of units within the rental dwelling, the floor area for each such unit and the total floor area of the building. (v) The number of toilet and bath facilities shared by the occupants of two or more dwelling units. (vi) A description of the type of construction of the exterior of the building. (vii) The number of paved off-street parking spaces available. (viii) Name and address of person to whom owner/applicant wishes a certified letter to be sent for purposes of §5A.303(i)(d). (ix) Such other information as the administrative service shall require. (c) Failure to complete, in full, the required license application shall be grounds for denial of the license. Section 3: Application and Inspection 5A.403(1) Upon receipt of a properly executed application for a rental housing license, the City Manager shall cause an inspection to be made of the premises to insure that the structure is in compliance with the requirements of the Code. Section 4: Issuance of Rental Housing License 5A.404(1) If the rental dwelling is in compliance with the requirements of the Code, a license shall be issued to the present owner, occupant or agent which shall state that the structure has been inspected and is in compliance with the requirements of the Code. The present owner or any agent designated by the present owner or occupant shall obtain a license. If the City finds that the circumstances of occupancy following the issuance of the license involve possible Code violations, substandard maintenance or abnormal wear and tear, the City may again inspect the premises during the licensing period. REGULAR COUNCIL MEETING DECEMBER 13, 1993 PAGE 31 5A.404(2) The City may by Council resolution establish a reinspection fee. If a dwelling unit is not currently licensed, no license may be issued until all outstanding reinspection fees shall have been paid. If a dwelling unit is licensed, the license for such dwelling unit shall ex~ire twenty (20) days after the licensee or his agent is notified of the outstanding reinspection fees, unless payment is made before the expiration of the twenty (20) day period. Section 5: License Display 5A.405(1) A license issued under this Chapter shall be conspicuously displayed on the rental premises wherever feasible. The licensee shall promptly produce the license upon demand of a prospective tenant or the Building Official or hfs/her authorized representative. Section 6: License Transfer 5A.406(1) The license is transferable upon application to the Building Official and payment of the license transfer fee by the prospective owner if the licensed premises is in compliance with the Code. The license shall terminate if renewal or application for transfer is not made within 30 days after transfer of ownership of the dwelling unit. The amour~t of the transfer fee shall be set by resolution of the Council. Section 7: License Renewal 5A.407(]) Renewal of the license as required annually by t?~is Code may be made by filling out the required renewal rearm furnished by the Building Official to the owner, operator or agent of a rental dwelling and by mailing the form together with the required registration fee to the building official. Such renewal or registration may be made only when no change in the ownership, operation, agency or type of occupancy as originally licensed has been made and where there has been an inspection within the last two years. Section 8: Suspension or Revocation 5A.408(1) A license issued or renewed under this section may be revoked or suspended upon a finding of noncompliance with the provisions of this Chapter. Reinstatement of a suspended license shall be accompanied by an amount equal to 50% of t~e license fee. Issuance of a new license after suspension or revocation shall be made in the manner provided for obtaining an initial license. REGUi,AR COUNCIl, MEETING DECEMBER ]3, 1993 PAGE 32 5A.408(2) The Council may, for cause, revoke or suspend a license, or take other action restricting the privileges of a license subject to the following requirements: (a) The City, through its enforcement officer, shall provide the licensee with a written statement of reasons or causes for the proposed Council action together with a notice for public hearing. (b) The council shall conduct a public hearing on the proposed action and provide findings of fact and citations to an~ ordinances or regulations that have been violated, tp~ether with a statement of action taken and the conditions of resultinq revocation suspension, or other action restricting the privileges of the licensee. (_q.) ih_. enforcement officer shall forward the findinq~_~nd statement, of action taken to the person in whose name said license was issued by mailinq the same to the mailin~g_~.d_r_e~_~ indicated on the license application. 5~=~0~(~)_ ~ violation of any provision of this ~__la.w,._prescribinq standards of conduct or r~l~iq~!~ g_gD~e~_~i_ a.!__ac~t!yj3.y or trade or occupation that is licensed; qL..~._~remises where the licensed activity is conductedt shall be a prima facie showinq of cause for revocation, ~q.spension, or other action restricting t~.9_ privJleqD~__of._~ licensee as the Council may determine. 5A.408(4) Nondisclosure, misrepresentation or misstatement ~ a material fact in any apDlication for a license under this ~b~pter shall be a prima facie showing of cause for ~gv_o_c_ation, suspension, or other such action restricting the privileges of a licensee as the Council may determine. Section 9: License Fees 5A.409(1) License fees, inspection fees, and reinspection fees shall be established by Council resolution. Section 10: Conduct on Licensed Premises 5A.410(1) It shall be the responsibility of the licensee to take appropriate action following conduct by persons occupying the premises which is determined to be disorderly, in violation of any of the fo]lowing statutes or ordinances: REGULAR COUNCIL MEETING DECEMBER 13, 1993 PAGE 33 (a) Minn. Stat. 9§ 609.75 through 609.76, which prohibit gambling; (b) Minn. Stat. 99 609.321 through 609.324 which prohibit prostitution and acts relating thereto; (c) Minn. Stat. 99 152.01 through 152.025, and 9152.027, subds. 1 and 2, which prohibit the unlawful sale or possession of controlled substances; (d)Minn. Stat. 9 340A.401, which prohibits the unlawful sale of alcoholic beverages; (e)Minn. Stat. 9 609.33, which prohibits owning, leasing, operating, managing, maintaining, or conducting a disorderly house or inviting or attempting to invite others to visit or remain in a disorderly house~ (f) Section assemblies; 30.312 of this code, which prohibits noisy (g) Minn. Stat. 9§ 97B.021, 97B.045, 609.66 through 609.67 and 624.712 through 624.716, and section 10.307 of this code, which prohibit the unlawful possession, transportation, sale or use of a weapon; or (h) Minn.$tat. 9 609.72, which prohibits disorderly conduct. 5A.410(2) The Police Chief (Department) shall be responsible for enforcement and administration of this'section. 5A.410(3) Upon determination by the Police Chief (Department) that a licensed premises was used in a disorderly manner, as described in section (1), the Police Chief (Department) shall notify the licensee by mail of the violation and direct the licensee to tak~ steps to prevent further violations. 5A.410(4) If another instance of disorderly use of the licensed premises occurs within twelve (12) months of an incident for which a notice in subsection (3) was given, the Police Chief (Department) shall notify the licensee by mail of the violation and shall also require the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use of the premises. This written report shall be submitted to the Police Chief (Department) within five (5)days of receipt of the notice of disorderly use of the premises and shall detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding twelve REGULAP COUNCIL MEETING DECEMBER 13, 1993 PAGE 34 (]2) months. If the licensee fails to comply with the requirements of this subsection, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City Council at the request of the Police Chief (Department) in the manner described in section 5A.408(1), and shall proceed according to the procedures established in sections 5.102 and 5.104. 5A.4i0(5) If another instance of disorderly use of the licensed premises occurs within twelve (12) months after any two (2) previous instances of disorderly use for which notices were sent to the licensee pursuant to this section, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this section sha]! be initiated by the City Council at the request of the Police Chief (Department) in the manner described in section 5A.408(1), and shall proceed according to the procedures established and sections 5.]02 and 5.]04. 5.4]0(6) No adverse license action shall be imposed where the instance of disorderly use of a licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or within thirty (30) days of notice given by the licensee to a tenant to vacate the premises, where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or not renew a license based upon violations of this section may be postponed or discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent further instances of disorderly use. 5A.410(7) A determination that the licensed premises has been used in a disorderly manner as described in subsection (1) shall be made upon substantial evidence to support such a determination. It shall not be necessary that criminal charges be brought to support a determination of disorderly use, nor shall the fact of dismissal or acquittal of criminal charges operate as a bar to adverse license action under this section. Article V Remedies Section 1: Hazardous Building Declaration REGULAR COUNCIL MEETING DECEMBER ]3, 1993 PAGE 35 5A.501(1) In the event that a dwelling has been declared unfit for human habitation and the owner has not remedied the effects within a prescribed reasonable time, the dwelling may be declared a hazardous building and treated in accordance with the provisions of Minnesota Statutes. Section 2: Secure Unfit and Vacated Dwellings 5A.502(1) The owner of any dwelling or dwelling unit which has been declared unfit for human habitation or which is otherwise vacant for a period of 60 days or more shall make the same safe and secure so that it is not hazardous to the health, safety and welfare of the public and does not constitute a public nuisance. Any vacant dwelling open at the doors, windows or other wall openings, if ~unguarded, sha!l be deemed to be a hazard to the hea]th, safety and welfare of the public and sh~]l constitute a public nuisance within the meaning of this Code. Section 3: Failure to Comply 5A.503(1) Upon failure to comply with a Compliance Order within t]~e time set therein, and no appeal having been taken, or upon failure to comply with a modified Compliance Order within the time set therein, the criminal penalty established hereunder notwithstanding, the City Council, after due notice to the owner, may by resolution declare the condition to constitute a public nuisance and cause the cited deficiency to be remedied as set forth in the Compliance Order. The cost of such remedy s?~ali be a lien against the subject real estate and may be levied and collected as a special assessment in accordance with Minnesota Statutes Chapter 429, for abaiement of nuisances and specifically for the removal or elimination of public health or safety hazards from private property. Any assessment levied thereunder shall be payable in a single installment. The intent of this section is to authorize the City to utilize all of the provisions of this Code and of Minnesota law to protect the public's health, safety and general welfare. Section 4: Remedies Cumulative 5A.504(1) Any remedies pursued under this §5.501 to 5A.503, inclusive, are in addition to the remedies or penalties prescribed under §5A.60l to 5A.6!i, inclusive. Article VI Penalties REGULAR COUNCIL MEETING DECEMBER 13, 1993 PAGE 36 5A.60] No person, firm, corporation, or licensee shall own and maintain or operate or rent to any other person for occupancy any rental dwelling, rental dwe]ling unit, or premises in which a rental dwelling unit is located in violation of Chapter 5A, Article II (§5A.20], et. seq.), maintenance standard. 5A.602 No person, firm or corporation shall operate a rental dwelling or dwelling unit without a license issued pursuant to this Chapter or accept rental payments from a tenant of any unlicensed dwelling or dwelling unit which payment is for occupancy for a period during which the dwelling or dwelling unit is not license pursuant to this Chapter. 5A.603 No person, firm, corporation or licensee shall refuse or fail to allow the Building Official to enter a dwelling or dwelling unit for purposes of inspection when a'~It?:ori~e,~. by this Chapter. 5A.604 No person, firm, corporation cr licensee shall fail cr refuse to obey a Compliance Order validly issued under this Cede. 5A.605 Nc person, firm o~ corporation shall give or submit false information on a license application or any renewal thereof. 5A.606 No person who is an occupant of a rental dwelling ¢,r rental dwelling unit shall cause a rental dwelling, rental dwelling unit or the premises on which a rental dwelling unit is located to become in violation of any of the maintenance standards set forth in Chapter 5A, Article II (§5A.20i, et. seq.), normal wear and tear excepted. 5A.607 No person shall occupy an unlicensed dwellin~ or dwelling unit if such dwelling unit is required to be licensed under this Chapter. 5A.608 No occupant of any rental dwelling or rental dwelling unit shall fail to allow or refuse entry to the Building Official for purposes of inspection when authorized by this Code. 5A.609 No person may occupy a dwelling or property posted pursuant to §5A.304. 5A.610 No person, firm or corporation, including an owner, licensee or occupant, shall remove or tamper with a placard used for postin~ property pursuant to this Chapter. REGULAR COUNCIL MEETING DECEMBER 13, 1993 PAGE 37 o 5A.611 Any person, firm or corporation who violates or refused to comply with any of the provisions of this Chapter is guilty of a misdemeanor, unless herein specifically noted. Upon conviction of said misdemeanor they shall be subject to a fine of not more than seven hundred dollars ($700.00) or to imprisonment not to exceed ninety (90) days, or both, for each offense. Each day that a violation exists shall constitute a separate offense. SECTION 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. Motion by Ruettimann, second by Peterson to schedule the second reading of Ordinance No. 1281 for December 27, 1993. Roll call: All ayes COMMUNICATIONS a. Planninq and Zoning Commission 1. Variance/Conditional Use Permit - Central Avenue Radiator, 420] Central Avenue Motion by Peterson, second by Ruettimann to approve the fifteen foot rearyard setback variance for 4201 Central Avenue. Roll call: All ayes b. Traffic Commission The minutes of the December 6, 1993 Traffic Commission meeting were included in the agenda packet for information only. No Council action was required. c. Recoqnition of Sheffield Neighborhood Organization The SHINE (Sheffield Interneiohbor Network Endeavor) group is requesting Council recognition and support of their group, opportunity to review and comment on the redevelopment plans for their area and $500 to purchase stationary, newsletter supplies and signage. Keith Roberts, Chairperson of SHINE, read the group's Mission Statement and gave a status report of the group's activites. He noted that there are on-going efforts to expand the group's membership, He also noted that the assistance of the City's Volunteer Coordinator has been extremely helpful and she has aided them as a facilitator at all of its meetings. REGULAR COUNCIL MEETING DECEMBER 13, 1993 PAGE 38 Councilmember Nawrocki stated his opposition to making a funding commitment to the group. However, he noted he has no problem with the signage request and suggested this could be done in-house by the City. Councilmember Ruettimann felt the funds would be a good investment in a start up program. He hopes these types of groups continue throughout the City, perhaps on a quadrant basis which then could form an advisory group to the Council and assist in reviewing the Comp Plan. Councilmember Ruettimann also felt this would be an ideal situation to apply for grants. There are no similar organizations in other cities which are focusing on rehabing hcusing stock. Motion by Ruettimann, second by Peterson to direct the City Manager and City staff to provide an opportunity for the SHINE Organization to review and comment on redevelopment plans contemplated for the Sheffield Neighborhood; and authorize up to $500 for the purchase of letterhead, newsletter copying and neighborhood signage installed on the public right-of-way from the Mayor-Council Contingency Account 10]-41110-8100. call: All ayes d. Appointment to Human Services Commission Motion by Murzyn, second by Ruettimann to appoint Nan Tilkins to the Human Services Commission to fill the unexpired term of Danny Garcia which expires in April of 1996. Councilmember Nawrocki felt this appointment should be considered by the in-coming Councilmembers. He recalled it. had been slated for discussion at a Council work session and was not. He also noted there are many applications for appointment consideration to this Commission that were submitted before this one. Mayor Murzyn stated he is not overlooking any applications and feels that timing does not make a person a better candidate. He supports Ms. Tilkins because of her demonstrated interest in serving. Motion by Nawrocki, second by C]erkin to table for further considerations. Roll call: Nawrocki, Clerkin, Peterson - aye Ruettimann, Mur~yn - nay Motion passes. Ms. Tilkins read a statement in which she suggested the appointment process for boards and commissions is flawed. S}:e feels there appears to be no criteria nor consistency for ~EGULAR COUNCIL MEETING DECEMBER 13, 1993 PAGE 39 appointing and advised that this particular core,mission could not conduct business because of a lack of a quorum at its last two meetings. Councilmember Peterson suggested that there may be more problems with this Commission than just one vacancy in that there was not a quorum for two months. Councilmember-Elect Jolly stated his support for Ms. Tilkins' appointment and felt it was unfortunate that her appointment had become a victim of the process. He agrees that there should be some review and discussion regarding the appointments for boards and commissions. Councilmember Nawrocki recalled how the Council used to interview all applicants and felt this practice should continue. He further indicated that there were several other qualified appliants for the Commission and, in fairness to them, they should be considered before any appointment is made. Councilmember Nawrocki also noted that the City Council had received no notice of a vacancy existing on the Commission. OLD BUSINESS a. Classification and Sale Approval of Certain Tax-Forfeit Land There are two properties being considered. They are 4150 Central Avenue and 1218 43rd Avenue. The HRA recommends acquiring the properties only if there is no cost. Councilmember Nawrocki advised that the HRA commissioners were not asked it these parcels could be put to some public purpose. He felt this question should have been asked. Motion by Ruett~mann, second by Clerkin to table this matter. Roll call: All ayes NEW BUSINESS a. Establish Public Mearinq on Sheffield Neiqhborhood Revitalization Plan Staff is recommending this public hearing not be scheduled during a regular council meeting. Some members of the Council agreed. REGULAR COUNCIL MEETING DECEMBE~ ]3, 1993 PAGE 40 Motion by Nawrocki, second by Ruettimann to establish a public hearing on the Sheffield Neighborhood Revitalization Plan for Monday, January 31, 1994, 7:00 p.m. in Murzyn Hall (if available) or in the Council Chambers in City Hall. Roll call: All ayes The City Manager was requested to meet with Mr. Solem of the MHFA again to discuss the Revitalization Plan. Counci]member Ruettimann stated he cannot support any part of the "Affordable" Plan and does not want to be locked into it. Councilmember Nawrocki is also concerned about the contractor. b. Award of Bid - Elevator and Toilet Room Modifications for the Library Motion by Peterson, second by Clerkin to award the contract for installation of an elevator and toilet room modifications at the Columbia Heights Public Library to Stonebrook Construction~ based on low, responsive bid received of $66,105, and to authorize the Mayor and City Manager to enter into a contract for same. Roll call: All ayes c. Cabtecastinq of Budget Hearinqs Councilmember Nawrocki felt future budget hearings should be cablecast because of their importance. Councilmember Ruettimann suggested that all Council, HRA, board and commission meetings be cablecast as well. Councilmember Nawrocki noted that the HRA meetings are held 'at Parkview Villa to accommodate the senior citizens in that fac~Iity but consideration could be given to using volunteers to do the videotaping with the use of portable equipment. The City Manager noted that costs to do this may be quite high and the staffinH could pose a problem. He will prepare a report which addresses schedu]inH, staffing, equipment and the potential for a change of location. Councilmember Ruettimann felt there may enough technical skill among members of the Cable Commission that this could be done. He also felt this would be an opportunity to test the Volunteer Coordinator and high school volunteers. Motion by Nawrocki, second by Ruettimann to cablecast the budget hearings in the future. Roll call: Ail ayes REGULAR COUNCIL MEETING DECEMBER ]3, 1993 PAGE 41 ]0. REPORTS a. Report of the City Manaqer The City Manager's report was submitted in written form and the following items were discussed: M.W.C.C. Flow Estimate: Councilmember Nawrocki expressed serious concerns regarding the flow estimate established by the M.W.C.C. for 1994. The Public Works Director advised that the figures he saw were showing a definite downtrend. The increase stated by the M.W.C.C. is to be reviewed again. Council Work Sessions: Councilmember Nawrocki felt a priority issue for the December 20th Council work session is the City Manager's performance review. 'He also mentioned the fire/policy pension review. Referendum and Recall Petition Charter Amendment: The City Attorney had advised that the current charter language and the proposed changes in the referendum and recall amendment may be inconsistent with state law. Councilmember Nawrocki inquired how this could be the case as the City Attorney had drafted the proposed amendment. Also, information had been received from the LMC legal counsel regarding this matter. The City Manager will get further information. ]995 Murzyn Hall Rental Rates: Councilmember Nawrocki felt the rate structure for rental of Murzyn Hall should be specifically acted upon by the City Council. Councilmember Ruettimann advised the rates had been sent to the Council for its review. LaBe]]e Pond Restoration/East Bank Erosion: Counci]member Nawrocki inquired if this item is on the December 20th Council work session agenda. He was advised that it was. County Improvements to Main Street: Councilmember Nawrocki inquired how this project is going to impact the street. The Public Works Director will be getting additional information. b. Report of the City Attorney The City Attorney had nothing to report on at this time but did advise the Council there is to be an Executive Session. REGULAR COUNCIL MEETING DECEMBER 13, 1993 PAGE 42 11. LICENSE APPROVAL Motion by Nawrocki, second by Ruettimann to approve the license applications as listed upon payment of proper fees with the exception of the rental property application for 3932 Central Avenue which needs further information and to concur with the Police Department's recommended denial of the taxicab driver license for William James Roth. Roll call: Ail ayes The City Attorney had requested an Executive Session. Motion by Ruettimann, second by Peterson to close the open meeting and retire to an executive session pursuant to Minnesota Statute 471.705 for the sole purpose of discussing pending litigation including Zaidan v. City of Columbia Heights, City of Columbia Heights v. Hilltop, and Jacobs v. City of Columbia Heiqhts, and for a written record to be kept by Jo-Anne Student and that there shall be no other business discussed therein. Roll call: All ayes The open meeting of December 13, 1993 was closed at 10:35 p.m. Mayor Murzyn read the following statement: The record should reflect that the time is now l]:ll p.m., that the Council has reassembled in an open public forum pursuant to Minnesota Open Meeting Law and that the Council has been in a closed executive session pursuant to the Open Meeting Law, that the executive session was for the sole purpose of discussin pending litigation and discuss therein the cases of Zaidan vo City of Columbia Heights, City of Columbia Heiqhts v. Hiiltop~ and Jacobs v. City of Columbia Heiqhts. A written record of the discussion was kept by Jo-Anne Student and there was no other business discussed therein. ADJOURNMENT Motion by Ruettimann, second by Peterson to adjourn the meeting at 11:12 p.m. Roll call: All ayes MayorrDonald J. ~uF'zyn,~/J'r. -Anne Student, Council Secretary