HomeMy WebLinkAboutJuly 12, 1999OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
JULY 12, 1999
1. CALL TO ORDER/ROLL CALL
The meeting was called to order by Council President Jolly. Present were Council President Jolly
and Council members Szurek, Wyckoff and Hunter. Mayor Peterson was out of town.
2, PLEDGE OF ALLEGIANCE
3. ADDITIONS/DELETIONS TO MEETING AGENDA
(The Council, upon majority vote of its members, may make additions and deletions to the agenda.
These may be items brought to the attention of the Council under the Citizens Forum or items
submitted after the agenda preparation deadline.)
A resident requested the item" First Reading of Ordinance No. 1395 - Amendments to the
Housing Maintenance Code" be removed from the Consent Agenda.
4. CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part of the
Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as
next order of business.)
A. Motion by Szurek, second by Wyckoffto approve the consent agenda items as follows:
1) Approval of Meeting Minutes
The Council approved the minutes of the June 28, 1999 Council Meeting as presented.
2) First Reading of Ordinance No. 1396 Prohibiting Going From Alley to Alley
The reading of the ordinance was waived there being ample copies available for the public.
ORDINANCE NO. 1396
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853,
CHAPTER 7, ARTICLE 11, SECTION 7.204(C) OF THE
COLUMBIA HEIGHTS CITY CODE OF 1977
PROHIBITING MOVING OPERATIONS
WHEREAS, the ordinance currently reads as follows:
7.204(C)
No person shall drive a vehicle on any public alley or private roadway at a
speed greater than is reasonable and prudent under the circumstances and in
no event at a speed greater than ten miles per hour in an alley, or 15 miles
per hour on a private roadway.
Revised it shall read as follows:
7.204(C)
No person shall drive a vehicle on any public alley or private roadway at a
speed greater than is reasonable and prudent under the circumstances and
conditions, and in no event at a speed greater than ten miles per hour in an
alley, or 15 miles per hour on a private roadway.
No person may operate a motor vehicle on a public alley unless directed to
do so by a peace officer, authorized community service officer, reserve
police officer, or authorized traffic control device, except abutting property
owners, tenants, their guests and invitees, operating a motor vehicle in an
otherwise lawful manner. This section shall not be interpreted to preclude
use of alleys by the following:
(a) Persons performing authorized activities on behalf of any law
enforcement agency.
This ordinance shall be in full force and effect from and after thirty (30) days after its
passage.
First Reading:
July 12, 1999
The second reading of Ordinance No. 1396 was scheduled for July 26, 1999 at
approximately 7:00 p.m.
3) School Liaison Officer Contract
The Council authorized the Mayor and City Manager to approve the joint powers agreement with
School District # 13 for the provision of a police school liaison officer as stipulated in the joint
powers agreement for the period of September 7, 1999 through June 8, 2000.
4) First Reading of Ordinance no. 1395 - Amendments to the Housing Maintenance Code
This item was removed from the Consent Agenda for discussion later in the meeting.
5) Variance Request - 1165 50th Avenue Northeast
The Council approved the variance of two feet at 1165 50th Avenue Northeast because the
topography on the property creates a hardship.
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6) RFP for Telecommunications System
The Council authorized the City's telecommunications consultants, Elert & Associates, to publish
and distribute the RFP for a new telecommunications system and receive and compile responses to
RFP.
7) Establish Hearing Dates, License Revocations, Rental Properties
The Council established a hearing date of June 26, 1999 for revocation or suspension of a license
to operate a rental property within the City of Columbia Heights against Greg Heinen at 1020 44th
Avenue Northeast, against Joe Bazzett at 4514-4516 Fillmore Street Northeast and against Kunal
Kamran at 2215 45th Avenue Northeast.
8) Approval of License Applications and Rental Housing License Applications
The Council approved the license applications as listed and approved the rental housing license
applications as noted in the memo from the Assistant Fire Chief dated July 7, 1999.
9) Approval of Payment of Bills
The Council approved payment of the bills as listed out of the proper funds.
Roll call on Consent Agenda: All ayes
First Reading of Ordinance No. 1395 - Amendments to the Housing Maintenance Code
This item was removed at the request of a resident. He felt the mandate to have copies available
for the public was not met. He wanted the ordinance to be read in its entirety. He was advised
there were copies of the ordinance still available in the pamphlet rack adjacent to the Council
Chambers. The City Attorney advised the Council President to continue the process for the first
reading of the ordinance.
Motion by Wyckoff, second by Szurek to waive the reading of the ordinance there being ample
copies available for the public. Roll call: All ayes
ORDINANCE NO. 1395
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853,
CITY CODE OF 1977, AS AMENDED PERTAINING TO THE
RESIDENTIAL 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 reads as follows, to wit:
Chapter 5A HOUSING MAINTENANCE CODE
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Article I General Provisions
Section 1: Statement of Purpose
The purpose of the Housing Maintenance Code (hereinafter referred to in Chapter 5A
as "Code") is to protect the public health, safety and general welfare of the people of
this City. These objectives include, among others, the following;
(a) To protect the character and stability of residential areas within the city;
(b)
To correct and prevent housing conditions that adversely affect or are likely to
adversely affect the life, safety, general 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.
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 will it be receptive to complaints from landlords or tenants which are not
specifically and clearly 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
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
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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 be 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.
(f)
(g)
Building official. Agent designated by the City Manager to enforce provisions of the
Housing Maintenance Code.
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).
Exit. A continuous and unobstructed means of egress 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 household 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 this Code together with the Uniform Housing Code, 1985
Edition, International Conference of Building Officials.
(q)
(r)
Infestation. The presence within or around a dwelling or dwelling unit of any insect, rodent,
vermin or other pest.
Kitchen. A habitable room within a dwelling unit intended to be used for the cooking of food
or preparation of meals.
(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 any dwelling or structure.
(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.
(×)
Rental Dwelling. Any dwelling for hire with one or more living units.__Rental dwellings for
purposes of this Code do not include hotels, motels, hospitals or homes for the aged.
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(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.
(cc) Rubbish. Rubbish is defined in 55.605(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 in a building which qualifies as a story, as defined herein,
except that a floor level in a building having only one floor level 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 hazardous 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. 103(2)
Whenever the words "dwelling," "dwelling unit," "premises," or "structures" 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(0
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;
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(a)
Kitchen Sink. Each dwelling 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 dwelling unit must contain a counter or table for food preparation
and must contain cabinets and/or shelves for storage or eating, drinking and cooking
equipment 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 dwelling 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 in good working 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.
(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 least thirty-six (36) inches above the floor of the porch or balcony. Every handrail
and guardrail 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 (100) 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)
All buildings and/or maintenance improvements inspected pursuant to Chapter 5A, the
Housing Maintenance Code, shall be judged and inspected in accordance with the applicable
Uniform Building Code and Uniform Fire Code, as follows:
(1)
Existing Installation. Buildings in existence at the time of the adoption of the Code
may have their use or occupancy continued, if such use or occupancy was legal at the
time of the adoption of the code, provided such continued use is not dangerous to life.
(2)
Maintenance. All buildings and structures, both existing and new, and all parts
thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards
which are required by the Code shall be maintained in conformance with the code
edition under which installed.
All repairs, replacements or maintenance to the structure or dwelling unit shall be installed or
made so as to be compatible with the surrounding building materials and general appearance
of the existing area.
Section 2: Door and Window Locks
s^.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 dwelling 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
approved system of controlled access shall be maintained for each multiple family building to
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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 building entry key, boiler room key, laundry and common area keys, all marked
individually accessible to the Fire Department must be provided for access to the building.
The enumerated keys must be present in the lock box at all times. A communication system
or device such as an intercom, telephone, audible bell or buzzer or other approved means or
making contact with the tenants must be provided.
(b)
Every door that provides ingress or egress for a dwelling 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 doors shall be openable from the inside without
the use of a key or any special knowledge or effort.
(c) All ingress, egress and interior doors shall be kept free of holes and/or punctures.
Section 3: Light, Ventilation, and Electric
SA.203(0
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
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 buildings existing prior to this code must have
window or door openings for egress of no less than four (4) square feet or the minimum size
required by the Building Code in effect when the dwelling was constructed. Space that is
added on or converted to sleeping rooms must meet the applicable codes at the time of
conversion for habitable rooms and provide a means of egress 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 openable 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 all public and common
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areas shall be supplied with functioning electrical service, functioning over current 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 in a manner prescribed by {}6.201(1). The minimum capacity
of such electric outlets and fixtures shall be as follows:
(1)
A dwelling containing two or more units shall have at least the equivalent or sixty (60)
ampere, three-wire electric service per dwelling unit.
(2)
Each dwelling unit shall have a least one branch electric circuit for each six hundred
(600) feet of dwelling unit floor area.
(3)
Every habitable room shall have at least the lessor of two floor or wall type electric
convenience outlets or one such outlet for each sixty (60) square feet or fraction
thereof of total floor area; provided, however, the one ceiling or wall type light fixture
may be substituted for one required electric outlet.
(4)
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.
Every public hall 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 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 temperature of at least 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
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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(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, eating or cooking therein
which does not comply with the following requirements, to-wit;
(a)
(b)
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 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.
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 1 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 iA"
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
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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.
(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 oaf e 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:
For the first occupant, 150 square habitable room floor space and for every additional
occupant thereof, at least 100 square feet of habitable room floor space.
(2)
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
SA.207( )
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, eating or cooking therein
which does not comply with the requirements of this {}5A.207
(a)
Definitions. For the purposes of this Section, the following terms shall have the meanings
stated:
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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.
(2)
Landscape. Site amenities, including trees, shrubs, ground covers, flowers, fencing,
berms, retaining walls, and other outdoor finishings.
(3)
Mechanical Equipment. Heating, ventilation, exhaust, air conditioning, and
communication units integral to and located on top beside, or adjacent to a building.
(4)
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.
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.
Sodding and Ground Cover. All exposed ground area surrounding he principle
building and accessory buildings, 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. No landscaped area shall be used for the
parking of vehicles or storage or display of materials, supplies or merchandise.
(2)
Slopes and Berms. Final grades with a slope ratio of greater than three (3) to one (1)
will not be permitted without special approved treatment such as special weed
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 (I).
(3)
Maintenance. Any dead trees, shrubs, ground covers and sodding shall be replaced
in accordance with this code. All trees or other vegetation which spring up in crevices
by foundations must be promptly removed to avoid structural damage.
(4)
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.
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
14
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 residential uses of property. 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 land use by a public street, roadway
or alley shall be 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(1)(c) must either provide screening
pursuant to {}5A.207 (1) (c) or provide a minimum on 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 not designed for exterior
use, and miscellaneous items, including but not limited to, lawn mowers and other lawn
maintenance equipment shall not be allowed. A weather tight, rodent-proof storage building
or shed must be constructed for storage of items not storable within the building.
(g) Variances under {}5A.207 shall be enforced and administered in accordance with {}5A.208(2).
Section 8: Exterior Parking, Pedestrian Walkways and Lighting.
5^.208(1)
No person shall 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)
Required off-street parking as defined in Section 9.116(4) of the City Code. Additionally, any
building or structure in existence upon the effective date of this Ordinance which does not
currently comply with the parking requirements of Section 9.116(4), but does have the
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necessary space to provide the required parking shall be required to expand the provided
parking in accordance with the Code by July 1, 1998.
(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 or concrete.
(d)
Curb guards and/or guardrails must be provided for parking spaces situated above retaining
walls.
(e) An unobstructed path must be provided between parking areas and the dwelling unit.
Lighting must be provided for parking areas and walkways 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 parking areas and/or access ways to buildings must be maintained and
kept in good repair. In cases of tenant parking areas all parking stalls and driveways with
access to tenant parking shall be hard surfaced with asphalt or concrete by July 1, 1998.
(i)
Commercial Vehicles and Junk Cars. Commercial Vehicles and junk cars shall be regulated
in accordance with Chapter 7, Article II, Section 5 of the Columbia Heights City Code, which
is incorporated herein by reference.
5^.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 let 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 shall be mounted on the ceiling or wall at a point centrally
located in the corridor or area giving access to rooms used for sleeping purposes. Where
16
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 instructions. 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 common 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 commercial source. Wiring shall be permanent and
without a disconnecting switch other than those required for over current protection.
(c)
No person, firm, or corporation shall tamper with any smoke detection device. Any person,
firm, or corporation proven to have tampered with any smoke detection device shall be guilty
of a 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.
s^.210(1)
No owner, operator or occupant shall cause any service, facility equipment or utility
which is required under this Ordinance to be removed from or shut off from or
discontinued for any occupied dwelling or dwelling unit except for temporary
interruptions as may be necessary while actual repairs or alterations are made or
during temporary emergencies.
Section 11: Public Health and Safety
s^.211(1)
Rodent Harborages Prohibited in Occupied Areas. No occupant of a dwelling or
dwelling unit shall accumulate boxes, lumber, 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.
s^.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 that may provide
a rodent harborage in or about shared or public areas of a dwelling or its premises.
s^.211(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 may serve as food for
rodents in 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
operation thereof.
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Responsibility for Pest Extermination. Every occupant of a dwelling containing a
single dwelling unit shall be responsible for the extermination of vermin infestations
and/or rodents on the premises. Every occupant of a dwelling unit in a dwelling
containing more than one dwelling unit shall be responsible for such extermination
whenever his/her dwelling unit is the only one infested. Notwithstanding, however,
whenever infestation is caused by the failure of the owner to maintain a dwelling in
a reasonable rodent-proof or reasonable vermin-proof condition, extermination shall
be the responsibility 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
containing two or more dwelling units, extermination thereof shall be the
responsibility of the owner. If the problem persists 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
Heights City Code, which is incorporated herein by reference.
ARTICLE III Inspection and Enforcement
Section 1: Enforcement and Inspection Authority
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
SA.302 (1)
If an owner, occupant or other person in charge of a dwelling, dwelling unit or of a
multiple dwelling fails or 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 an order to inspect and/or search warrant from court of
competent jurisdiction.
Section 3: Inspections
SA.303 (1)
Each dwelling or multiple dwelling which is the subject of a rental license shall be
inspected at least once annually, subject to section 5A.303(2).
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s^.303 (2)
Inspections on individual dwelling units shall be required for tenant occupancy
changes under the following conditions;
(a)
During each of the past two years that the owner or landlord has applied for license renewal,
they have failed to correct Housing Maintenance Code violations on a timely basis, as
evidenced by two written Compliance Orders by the Inspection Department or Enforcement
Officer of the City of Columbia Heights; or
(b)
During the past year, two or more tenant complaints on single family/duplex/triplex have been
received or four or more tenant complaints on a four-plex or other multiple dwelling have
been received and substantiated (Housing Maintenance Code violations were issued based on
the complaints). Multiple complaints arising out of the same maintenance problem, which
occur within a period of one week, shall be considered to be one complaint for the purposes
of this Section.
If any one of the above set forth conditions occur, the City Inspections Department will notify
the landlord, in writing, that the landlord will be hence forth required to have the building
inspected upon each tenant occupancy change. It will also be the responsibility of the
landlord to provide a list of current occupants and a 72 hour notification of a new tenant
move-in. The tenant occupancy change inspections shall occur for a period of one year from
the date of notification by the City Inspections department, however, that time shall be
extended if any of the above set forth conditions continue to exist.
Section 4: Compliance Order
5A.304(1)
Whenever the Enforcement Officer 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 violations of this Code;
(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:
(1) Served upon him/her personally,
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(2) Sent by certified mail return receipt requested to his/her last known address, or,
(3)
Upon failure to effect notice through (i) and (ii) as set out in this section, posted at
a conspicuous place in or about the dwelling which is affected by the notice.
5A.304(2)
Upon correction of all Housing Maintenance Code violations as set forth in the
Compliance Order, the City Inspections Department shall, upon request of the owner
or landlord, issue a written statement that all violations have been corrected in
accordance with the Columbia Heights Housing Maintenance Code.
Section 5: Posting to Prevent Occupancy
5^.3o5(1)
The Enforcement Official may post any building or structure covered by this
ordinance an being in direct violation of the ordnance preventing further occupancy.
Posting will occur if any owner, agent, licensee or other responsible person has been
notified by inspection report of the items which must be corrected within a certain
stated 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 with any placard used for posting. No
person shall reside in, occupy or cause to be occupied any building, structure or
dwelling which has been posted to prevent occupancy.
Section 6: Right of Appeal
5A.306(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(1).
Section 7: Board of Appeals
5A.307(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(1). All appeals shall
be conducted in accordance with Sec. 203, Uniform Housing Code, 1985 edition,
International Conference of Building Officials.
Article IV Licensing
Section 1: License Required
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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 City. If the license in 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 health and safety of
persons in occupied units.
Section 2: License Procedures
5A.402(1)
Within 180 days after the passage of Chapter 5A, 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:
(1)
Name and address of owner of the rental dwelling and the name and address of the
operator or agent actively managing said rental dwelling.
(2)
The name and address of the vendee if the rental dwelling is being sold on a contract
for deed.
(3) The legal description and address of the rental dwelling.
(4)
The number and kind of units within the rental dwelling, the floor area for each such
unit and the total floor area for the building.
The number of toilet and bath facilities shared by the occupants of two or more
dwelling units.
(6) A description of the type of construction of the exterior of the building.
(7) The number of paved off-street parking spaces available.
(8)
Name and address of person to whom owner/applicant wishes a certified letter to be
sent for purposes of {}5A.303 (1)(d).
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(9)
All owners of rental dwellings shall provide telephone access number(s) to be used in
emergency situations, including emergency maintenance and repair. This requirement
shall be a condition precedent to the issuance of any rental license.
(10)
Such other information as the administrative service shall require. Said information
may include, but is not limited to tenant lists which include tenants name, unit, and
identifying information (i.e. date of birth, social security number, driver's license
number).
(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 requirement 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 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.
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 expire 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 or a prospective tenant or the Building Official or his/her authorized
representative.
Section 6: License Transfer
22
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 amount of the transfer shall be set by resolution of the Council.
Section 7: License Renewal
5A.407(1)
All rental licenses shall be effective for a period of one year. However, renewal of
licenses, as required annually by this Code, may be made by:
(a)
Completing the renewal form furnished to the owner, operator, or agent of the rental
dwelling, by the City Inspection Department, and
(b)
Attendance by the landlord or property manager at three or more hours of continuing
education relevant to the operation or management of rental property during the last year.
The City Council shall set by resolution, the types of continuing education meeting this
requirement; and
(c)
Mailing the renewal form together with proof of completion of three hours of training and the
required registration fee to the City Inspection Department, and
(d)
Successful completion of the annual Housing Maintenance Code inspection as required by
Section 5A.303 (1) of this Ordinance.
Such renewal shall only be effective upon successful completion of all the above set forth
requirements. Further, said renewal or registration may be made only when no change in
ownership, operation, agency or type of occupancy of the rental dwelling has occurred in the
last licensing year.
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 the license fee.
Issuance of a new license after suspension or revocation shall be made in the manner
provided for obtaining an initial license.
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, provide the licensee with a written statement or
reasons or causes for the proposed Council action together with a notice for public hearing.
23
The council shall conduct a public hearing on the proposed action and provide findings of fact
and citations to any ordinances or regulations that have been violated, together with a
statement of action taken and the conditions of any resulting revocation, suspension, or other
action restricting the privileges of the licensee.
(c)
The Enforcement Officer shall forward the findings and statement of action taken to the
person in whose name said license was issued by mailing the same to the mailing address
indicated on the license application.
5A.408(3)
A violation of any provision of this chapter or of state law, prescribing standards of
conduct or regulations governing a licensee; the particular type of business or
commercial activity or trade or occupation that is licensed; or the premises where the
licensed activity is conducted; shall be a prima facie showing of cause for revocation,
suspension, or other action restricting the privileges of a licensee as the council may
determine.
5A.408(4)
Section 9:
Nondisclosure, misrepresentation or misstatement of a material fact in any application
for a license under this chapter shall be a prima facie showing of cause for revocation,
suspension, or other such action restricting the privileges of a licensee as the Council
may determine.
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 following statutes or ordinances:
(a) MN Stat. {}609.75 through 609.76, which prohibit gambling;
(b) MN Stat. {}609.321 through 609.324 which prohibit prostitution and acts relating thereto;
(c)
MN Stat. {} 1 52.01 through 152.025, and {} 1 52.027, subds. I and 2, which prohibit the
unlawful sale or possession of controlled substances;
(d) MN Stat. {}340A.401, which prohibits the unlawful sale of alcoholic beverages;
(e)
MN Stat. {}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
24
a disorderly house;
(f) Section 10.312 of this code, which prohibits noisy assemblies;
(g)
MN Stat. §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) MN Stat. §609.72, which prohibits disorderly conduct.
(i)
MN Stat. §609.221 through 609.224, which prohibits assaults, including domestic assault as
defined in MN Stat. § 518B.01.
Violation of laws relating to contributing to need for protection or services or delinquency
of a minor as defined in MN Stat. §260.315.
(k) Section 8.201 et al. Of this Ordinance which relates to animal noises and public nuisances.
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 take steps
to prevent further violations.
5A.410(4)
If another instance of disorderly use of the licensed premises occurs within three (3)
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 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 three (3) 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 describe( in Sections 5A.408 (1) through
5A.408 (4).
5A.410(5)
If another instance of disorderly use of the licensed premises occurs within three (3)
months after any two (2) previous instances of disorderly use for which notices were
25
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 shall be initiated by the City
Council at the request of the Police Chief (Department) in the manner described in
Sections 5A.408 (1) through 5A.408 (4).
5A.410(6)
No adverse license action shall be imposed where the instance or 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
s^.s01(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
s^.s02(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, shall be deemed to be a hazard
to the health, safety and welfare of the public and shall constitute a public nuisance
within the meaning of this Code.
Section 3: Failure to Comply
26
5^.503(0
Upon failure to comply with a Compliance order within the 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 shall 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 abatement 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 §5A. 501 to 5A. 503, inclusive, are in addition to the
remedies or penalties prescribed under §5A.601 to 5A.611, inclusive.
Article VI: Penalties
5A.601
No person, firm, corporation, or licensee shall own and maintain or operate or rent to any
other person for occupancy any rental dwelling, rental dwelling unit, or premises in which a
rental dwelling unit is located in violation of Chapter 5A, Article I! (§5A.201, 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 unit for the purposes of inspection when authorized by this Chapter.
5A.604 No person, firm, corporation or licensee shall fail or refuse to obey a Compliance Order
validly issued under this Code.
5A.605 No person, firm or 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 or 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
27
({}5A.201, et. seq.), normal wear and tear excepted.
5A.607 No person shall occupy an unlicensed dwelling 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 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 posting property pursuant to this Chapter.
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.
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Shall hereafter read as follows, to wit:
Chapter 5A RESIDENTIAL MAINTENANCE CODE
Article I
General Provisions
Section 1: Statement of Purpose
The purpose of the Residential Maintenance Code (hereinafter referred to in Chapter
5A as "Code") is to protect the public health, safety and general welfare of the people
of this City. These objectives include, among others, the following;
(a) To protect the character and stability of residential areas within the city;
(b)
To correct and prevent housing conditions that adversely affect or are likely to adversely
affect the life, safety, general 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 rental 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.
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 will it be receptive to complaints from landlords or tenants which are not
specifically and clearly 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
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
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or intended for use for human habitation.
Section 3: Definitions
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, dwelling unit, or 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 be 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.
(f)
Clean. The absence of rubbish, garbage, vermin or other unsightly, offensive or extraneous
matter.
(g)
Dwelling. A structure or portion thereof designed exclusively for residential occupancy,
including boarding and lodging houses, but not including hotels and motels.
(h) Dwelling Unit. Dwelling unit has the same meaning as apartment unit (within this Code).
(i)
Exit. A continuous and unobstructed means of egress to a public way and shall include
intervening doors, doorways, corridors, ramps, stairways, smoke-proof enclosures, horizontal
exits, exit passageways, exit courts and yards.
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 household and using common cooking and
kitchen facilities.
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(k)
Functioning. In such physical condition as to safely perform the service or services for which
an item is designed or intended.
(1) Garbage. Garbage is defined in 5.605(2)(a).
(m)
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.
(n)
Hot Water. Water heated to a temperature of not less than 110 degrees Fahrenheit, measured
at faucet outlet.
(o)
Housing Code. Section 5A of this Code together with the Uniform Housing Code, 1985
Edition, as amended, International Conference of Building Officials.
(P)
Housing Enforcement Officer. Agent designated by the City Manager to enforce provisions
of the Residential Maintenance Code.
(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.
(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 any dwelling or structure.
(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.
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(×)
Rental Dwelling. Any dwelling for hire with one or more living units, except such dwellings
for which all units are occupied by the owner or persons who are related to the owner by
blood, marriage, or adoption. Rental dwellings for purposes of this Code do not include
hotels, motels, hospitals or homes for the aged.
(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.
(cc) Rubbish. Rubbish is defined in 55.605(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 in a building which qualifies as a story, as defined herein,
except that a floor level in a building having only one floor level 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 hazardous 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.
5^.103(2)
Whenever the words "dwelling," "dwelling unit," "unit," "premises," or "structures"
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
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Section 1: Basic Equipment and Facilities
SA.20 (0
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 dwelling 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 dwelling unit must contain a counter or table for food preparation and
must contain cabinets and/or shelves for storage or eating, drinking and cooking equipment
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 dwelling 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 in good working 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.
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
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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.
(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 least thirty-six (36) inches above the floor of the porch or balcony. Every handrail
and guardrail 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 (100) 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)
All buildings and/or maintenance improvements inspected pursuant to Chapter 5A, the
Residential Maintenance Code, shall be judged and inspected in accordance with the
applicable Uniform Building Code and Uniform Fire Code, as follows:
(1)
Existing Installation. Buildings in existence at the time of the adoption of the Code
may have their use or occupancy continued, if such use or occupancy was legal at the
time of the adoption of the code, provided such continued use is not dangerous to life.
(2)
Maintenance. All buildings and structures, both existing and new, and all parts
thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards
which are required by the Code shall be maintained in conformance with the code
edition under which installed.
All repairs, replacements or maintenance to the structure or dwelling unit shall be installed or
made so as to be compatible with the surrounding building materials and general appearance
of the existing area.
Section 2: Door and Window Locks
s^.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 dwelling unit are equipped with safe and
functioning door and window locks which comply with the following requirements,
34
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
approved system of controlled access shall be maintained 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 building entry key, boiler room key, laundry and common area keys, all marked
individually accessible to the Fire Department must be provided for access to the building.
The enumerated keys must be present in the lock box at all times. A communication system
or device such as an intercom, telephone, audible bell or buzzer or other approved means of
making contact with the tenants must be provided.
(b)
Every door that provides ingress or egress for a dwelling 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 doors shall be openable from the inside without
the use of a key or any special knowledge or effort.
(c)
All ingress, egress and interior doors shall be kept free of holes and/or punctures. All ingress,
egress or interior doors which separate a unit from another unit or a common area or the
exterior of the building shall be replaced with doors made of approved solid-core
construction. Said replacement shall occur when any such door is in violation of this section
and repairs cannot effectively correct the violation.
Section 3: Light, Ventilation, and Electric
s^.203(0
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
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 buildings existing prior to this code must have
window or door openings for egress of no less than four (4) square feet or the minimum size
required by the Building Code in effect when the dwelling was constructed. Space that is
added on or converted to sleeping rooms must meet the applicable codes at the time of
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conversion for habitable rooms and provide a means of egress with openable area of no less
than 5.7 square feet.
Nonhabitable Room Ventilation. Every bathroom, water closet compartment, laundry room,
utility room, or other nonhabitable room shall contain a minimum total of openable 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 all public and common
areas shall be supplied with functioning electrical service, functioning over current 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 in a manner prescribed by {}6.201 (1). The minimum capacity
of such electric outlets and fixtures shall be as follows:
A dwelling containing two or more units shall have at least the equivalent or sixty (60)
ampere, three-wire electric service per dwelling unit.
(2)
Each dwelling unit shall have a least one branch electric circuit for each six hundred
(600) feet of dwelling unit floor area.
(3)
Every habitable room shall have at least the lessor of two floor or wall type electric
convenience outlets or one such outlet for each sixty (60) square feet or fraction
thereof of total floor area; provided, however, the one ceiling or wall type light fixture
may be substituted for one required electric outlet.
(4)
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.
Every public hall 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 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
36
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 temperature of at least 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(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, 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 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 1 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
37
(d)
(e)
(f)
(g)
(h)
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.
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 iA"
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.
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.
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.
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.
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:
5A.206(1)
(a)
Maximum Density and Minimum Space for Rental Units
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:
Permissible Occupancy of Dwelling Unit. The maximum permissible occupancy of any rental
dwelling unit shall be determined as follows:
(1)
For the first occupant, 150 square habitable room floor space and for every additional
occupant thereof, at least 100 square feet of habitable room floor space.
(2)
In no event shall the total number of occupants exceed two times the number of
habitable rooms, less kitchen, in the dwelling unit.
38
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
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, eating or cooking therein
which does not comply with the requirements of this §5A.207
(a)
Definitions. For the purposes of this Section, the following terms shall have the meanings
stated:
(1)
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.
(2)
Landscape. Site amenities, including trees, shrubs, ground covers, flowers, fencing,
berms, retaining walls, and other outdoor finishings.
(3)
Mechanical Equipment. Heating, ventilation, exhaust, air conditioning, and
communication units integral to and located on top beside, or adjacent to a building.
(4)
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.
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.
(1)
Sodding and Ground Cover. All exposed ground area surrounding he principle
building and accessory buildings, 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. No landscaped area shall be used for the
parking of vehicles or storage or display of materials, supplies or merchandise.
(2)
Slopes and Berms. Final grades with a slope ratio of greater than three (3) to one (1)
will not be permitted without special approved treatment such as special weed
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 (I).
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(3)
Maintenance. Any dead trees, shrubs, ground covers and sodding shall be removed
and/or replaced in accordance with this code. All trees or other vegetation which
spring up in crevices by foundations must be promptly removed to avoid structural
damage.
(4)
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.
(5)
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 residential uses of property. 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 land use by a public street, roadway
or alley shall be 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(1)(c) must either provide screening
pursuant to §5A.207 (1) (c) or provide a minimum on 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 not designed for exterior
use, and miscellaneous items, including but not limited to, lawn mowers and other lawn
maintenance equipment shall not be allowed. A weather tight, rodent-proof storage building
or shed must be constructed for storage of items not storable within the building.
40
(g) Variances under §5A.207 shall be enforced and administered in accordance with §5A.208(2).
Section 8: Exterior Parking, Pedestrian Walkways and Lighting.
s^.208(1)
No person shall 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)
Required off-street parking as defined in Section 9.116(4) of the City Code. Additionally, any
building or structure in existence upon the effective date of this Ordinance which does not
currently comply with the parking requirements of Section 9.116(4), but does have the
necessary space to provide the required parking shall be required to expand the provided
parking in accordance with the Code by July 1, 1998.
(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 or concrete.
(d)
Curb guards and/or guardrails 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 walkways 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 parking areas and/or access ways to buildings must be maintained and
kept in good repair. In cases of tenant parking areas all parking stalls and driveways with
access to tenant parking shall be hard surfaced with asphalt or concrete by July 1, 1998.
(i)
Commercial Vehicles and Junk Cars. Commercial Vehicles and junk cars shall be regulated
in accordance with Chapter 7, Article II, Section 5 of the Columbia Heights City Code, which
is incorporated herein by reference.
(j) Driveways leading to parking areas and parking areas shall be cleared of snow within forty-
41
eight (48) hours of the end of a snowfall in which at least three (3) inches of snow has fallen.
Snow which is cleared from driveways and parking areas shall not be placed so as to block
or restrict access ways to buildings, or upon adjacent property without previous permission
of the adjacent property owner.
5^.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 let 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.
Chapter 34. Detectors shall be mounted on the ceiling or wall at a point centrally located in
the corridor or area giving access to rooms used for sleeping purposes. When a living unit
has more than one floor or level, a detector shall be mounted on every level of the unit.
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 instructions. 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 common 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 commercial source. Wiring shall be permanent and
without a disconnecting switch other than those required for over current protection.
(c)
No person, firm, or corporation shall tamper with any smoke detection device. Any person,
firm, or corporation proven to have tampered with any smoke detection device shall be guilty
of a misdemeanor pursuant to §5A.611.
(d)
Combustible material shall not be stored in boiler rooms, mechanical rooms or electrical
equipment rooms.
Section 10: Discontinuance of Service or Facilities.
5^.210(1)
No owner, operator or occupant shall cause any service, facility equipment or utility
which is required under this Ordinance to be removed from or shut off from or
discontinued for any occupied dwelling or dwelling unit except for temporary
interruptions as may be necessary while actual repairs or alterations are made or
during temporary emergencies.
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Section 11: Public Health and Safety
Rodent Harborages Prohibited in Occupied Areas. No occupant of a dwelling or
dwelling unit shall accumulate boxes, lumber, 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.
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 that may provide
a rodent harborage in or about shared or public areas of a dwelling or its premises.
SA.211(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 may serve as food for
rodents in 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
operation thereof.
Responsibility for Pest Extermination. Every occupant of a dwelling containing a
single dwelling unit shall be responsible for the extermination of vermin infestations
and/or rodents on the premises. Every occupant of a dwelling unit in a dwelling
containing more than one dwelling unit shall be responsible for such extermination
whenever his/her dwelling unit is the only one infested. Notwithstanding, however,
whenever infestation is caused by the failure of the owner to maintain a dwelling in
a reasonable rodent-proof or reasonable vermin-proof condition, extermination shall
be the responsibility 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
containing two or more dwelling units, extermination thereof shall be the
responsibility of the owner. If the problem persists 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 II! of the Columbia
Heights City Code, which is incorporated herein by reference.
ARTICLE II! Inspection and Enforcement
Section 1: Enforcement and Inspection Authority
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The City Manager and his/her designated agents shall be the Housing Enforcement
Officer who shall administer and enforce the provisions of the Ordinance. Inspections
shall be conducted during reasonable hours, and, upon request the Housing
Enforcement Officer 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
If an owner, occupant or other person in charge of a dwelling, dwelling unit or of a
multiple dwelling fails or refuses to permit free access and entry to the structure or
premises, or any part thereof, for an inspection authorized by this Ordinance, the
Housing Enforcement Officer 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 an order to inspect and/or search warrant from court of
competent jurisdiction.
Section 3: Inspections
s^.303 (1)
Each dwelling or multiple dwelling which is the subject of a rental license shall be
inspected in accordance with the city's "Rental Inspection Policy", subject to section
5A.303(2).
s^.303 (2)
Inspections on individual dwelling units shall be required for tenant occupancy
changes under the following conditions;
(a)
During each of the past two years that the owner or landlord has applied for license renewal,
they have failed to correct Residential Maintenance Code violations on a timely basis, as
evidenced by two written Compliance Orders by the Housing Enforcement Officer of the City
of Columbia Heights; or
(b)
During the past year, two or more tenant complaints on single family/duplex/triplex have been
received or four or more tenant complaints on a four-plex or other multiple dwelling have
been received and substantiated (Residential Maintenance Code violations were issued based
on the complaints). Multiple complaints arising out of the same maintenance problem, which
occur within a period of one week, shall be considered to be one complaint for the purposes
of this Section.
If any one of the above set forth conditions occur, the Housing Enforcement Officer will
notify the landlord, in writing, that the landlord will be hence forth required to have the
building inspected upon each tenant occupancy change. It will also be the responsibility of
the landlord to provide a list of current occupants and a 72 hour notification of a new tenant
move-in. The tenant occupancy change inspections shall occur for a period of one year from
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the date of notification by the Housing Enforcement Officer, however, that time shall be
extended if any of the above set forth conditions continue to exist.
Section 4: Compliance Order
5A.304(1)
Whenever the Housing Enforcement Officer 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 violations of this Code;
(c)
Establish a reasonable time not greater than 4 months for the correction of such violation,
except that violations which involve a seasonal hardship may be granted an additional 2
months to correct by the Housing Enforcement Officer, provided that in no case can the total
time allowed for correcting said violation be longer than 6 months; and
(d) Advise the person to whom the notice is directed of the right to appeal; and
(e)
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:
(1) Served upon him/her personally,
(2) Sent by certified mail return receipt requested to his/her last known address, or,
(3)
Upon failure to effect notice through (i) and (ii) as set out in this section, posted at
a conspicuous place in or about the dwelling which is affected by the notice.
5A.304(2)
Upon correction of all Residential Maintenance Code violations as set forth in the
Compliance Order, the Housing Enforcement Officer shall, upon request of the owner
or landlord, issue a written statement that all violations have been corrected in
accordance with the Columbia Heights Residential Maintenance Code.
Section 5: Posting to Prevent Occupancy
The Housing Enforcement Officer may post any building or structure covered by this
ordinance an being in direct violation of the ordnance preventing further occupancy.
Posting will occur if any owner, agent, licensee or other responsible person has been
45
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 Housing
Enforcement Officer or his representative, shall remove or tamper with any placard
used for posting. No person shall reside in, occupy or cause to be occupied any
building, structure or dwelling which has been posted to prevent occupancy.
Section 6: Right of Appeal
5A.306(1)
When a person to whom a Compliance Order is directed alleges that such Compliance
Order is based upon erroneous interpretation of the Ordinance or upon a misstatement
or mistake of fact, such person may appeal as set forth in {}6.202(1).
Section 7: Board of Appeals
5^.307(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(1). All appeals shall
be conducted in accordance with Sec. 203, Uniform Housing Code, 1985 edition,
International Conference of Building Officials.
Article IV Licensing
Section 1: 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 Housing Enforcement
Officer. Each such license shall register annually with the City. If the license in
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
health and safety of persons in occupied units.
Section 2: License Procedures
5A.402(1)
Within 180 days after the passage of Chapter 5A, the owner of any rental unit
within the City shall apply to the Housing Enforcement Officer for a rental housing
license in the manner hereafter prescribed.
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(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:
(1)
Name and address of owner of the rental dwelling and the name and address of the
operator or agent actively managing said rental dwelling.
(2)
The name and address of the vendee if the rental dwelling is being sold on a contract
for deed.
(3) The address of the rental dwelling.
(4)
The number and kind of units within the rental dwelling, the floor area for each such
unit and the total floor area for the building.
(5) The number of paved off-street parking spaces available.
(6)
Name and address of person to whom owner/applicant wishes a certified letter to be
sent for purposes of §5A.303 (1)(d).
(7)
All owners of rental dwellings shall provide telephone access number(s) to be used in
emergency situations, including emergency maintenance and repair. This requirement
shall be a condition precedent to the issuance of any rental license.
(8)
Such other information as the administrative service shall require. Said information
may include, but is not limited to tenant lists which include tenants name, unit, and
identifying information (i.e. date of birth, social security number, driver's license
number).
(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)
When required in accordance with the city' s "Rental Inspection Policy" the Housing
Enforcement Officer shall cause an inspection to be made of the premises to insure
that the structure is in compliance with the requirement of the Code prior to issuance
of a Rental Housing License.
Section 4: Issuance of Rental Housing License
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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 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.
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 expire 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 or a prospective tenant or the Housing Enforcement Officer or his/her
authorized representative.
Section 6: License Transfer
5A.406(1)
The license is transferable upon application to the Housing Enforcement Officer 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 amount of the transfer shall be set by resolution of the Council.
Section 7: License Renewal
5A.407(1)
All rental licenses shall be effective for a period of one year. However, renewal of
licenses, as required annually by this Code, may be made by:
(a)
Completing the renewal form furnished to the owner, operator, or agent of the rental
dwelling, by the Housing Enforcement Officer and
(b)
Mailing the renewal form and the required registration fee to the Housing Enforcement
Officer, and
(c)
Successful completion of the Housing Maintenance Code inspection as required by Section
5A.303 (1) of this Ordinance.
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Such renewal shall only be effective upon successful completion of all the above set forth
requirements. Further, said renewal or registration may be made only when no change in
ownership, operation, agency or type of occupancy of the rental dwelling has occurred in the
last licensing year.
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 the license fee.
Issuance of a new license after suspension or revocation shall be made in the manner
provided for obtaining an initial license.
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 Housing Enforcement Officer, provide the licensee with a written
statement or 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 any ordinances or regulations that have been violated, together with a
statement of action taken and the conditions of any resulting revocation, suspension, or other
action restricting the privileges of the licensee.
(c)
The Housing Enforcement Officer shall forward the findings and statement of action taken
to the person in whose name said license was issued by mailing the same to the mailing
address indicated on the license application.
5A.408(3)
A violation of any provision of this chapter or of state law, prescribing standards of
conduct or regulations governing a licensee; the particular type of business or
commercial activity or trade or occupation that is licensed; or the premises where the
licensed activity is conducted; shall be a prima facie showing of cause for revocation,
suspension, or other action restricting the privileges of a licensee as the council may
determine.
5A.408(4)
Nondisclosure, misrepresentation or misstatement of a material fact in any application
for a license under this chapter shall be a prima facie showing of cause for revocation,
suspension, or other such action restricting the privileges of a licensee as the Council
may determine.
Section 9: License Fees
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5A.409(1)
Section 10:
5A.410 (1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(k)
5A.410(2)
5A.410(3)
License fees, inspection fees, and reinspection fees shall be established by Council
resolution.
Conduct on Licensed Premises
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 following statutes or ordinances:
MN Stat. {}609.75 through 609.76, which prohibit gambling;
MN Stat. {}609.321 through 609.324 which prohibit prostitution and acts relating thereto;
MN Stat. {} 1 52.01 through 152.025, and {} 1 52.027, subds. ! and 2, which prohibit the
unlawful sale or possession of controlled substances;
MN Stat. {}340A.401, which prohibits the unlawful sale of alcoholic beverages;
MN Stat. {}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;
Section 10.312 of this code, which prohibits noisy assemblies;
MN Stat. {}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
MN Stat. {}609.72, which prohibits disorderly conduct.
MN Stat. {}609.221 through 609.224, which prohibits assaults, including domestic assault as
defined in MN Stat. {} 518B.01.
Violation of laws relating to contributing to need for protection or services or delinquency
of a minor as defined in MN Stat. {}260.315.
Section 8.201 et al. of this Ordinance which relates to animal noises and public nuisances.
The Police Chief (Department) shall be responsible for enforcement and
administration of this section.
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)
50
shall notify the licensee by mail of the violation and direct the licensee to take steps
to prevent further violations.
5A.410(4)
If another instance of disorderly use of the licensed premises occurs within three (3)
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 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 three (3) 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 describe( in Sections 5A.408 (1) through
5A.408 (4).
5A.410(5)
If another instance of disorderly use of the licensed premises occurs within three (3)
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 shall be initiated by the City
Council at the request of the Police Chief (Department) in the manner described in
Sections 5A.408 (1) through 5A.408 (4).
5A.410(6)
No adverse license action shall be imposed where the instance or 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.
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Article V: Remedies
Section 1: Hazardous Building Declaration
5A.
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( )
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, shall be deemed to be a hazard
to the health, safety and welfare of the public and shall constitute a public nuisance
within the meaning of this Code.
Section 3: Failure to Comply
5A. 503( )
Upon failure to comply with a Compliance order within the 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 shall 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 abatement 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 {}5A. 501 to 5A. 503, inclusive, are in addition to the
remedies or penalties prescribed under {}5A.601 to 5A.611, inclusive.
Section 5: Cost Recovery
5A. 505(1) The Housing Enforcement Officer shall be authorized to request reimbursement of
52
expenses related directly to suspension or revocation of the rental license from the
owner of such rental property. Those expenses which are reimbursable to the City
shall include, but not be limited to staff time directly attributable to the rental license
suspension or revocation action, costs of preparing notices of such action as required
under this ordinance, and reasonable expenses related to delivery or posting of any
and all notices subsequent to a rental license suspension or revocation until such time
as the license is reinstated by action of the City Council.
5A. 505(2)
Any and all expenses related to rental license suspension or revocation actions which
are charged to the property owner shall be due and payable as of the date of license
revocation or within thirty (30) days of being served notice of such charges,
whichever is earlier.
5A. 505(3)
The Council hereby authorizes the assessment of unpaid fees, fines, charges or
expenses authorized by the Residential Maintenance Code pursuant to the provisions
of the Columbia Heights City Charter.
5A. 505(4)
The Clerk shall establish a separate improvement fund for the administration of
Residential Maintenance Code charges.
The costs related to the Residential Maintenance Code shall be certified annually by the
Housing Enforcement Officer to the Clerk for billing, including a statement describing the
land, lots, or parcels involved and the amount chargeable to each.
5A. 505(5)
On or before August 1 of each year, the Clerk shall bill each property owner of each
affected lot or parcel for their portion of the charges authorized hereunder plus the
reasonable cost of administering the billings and collection procedures.
5A. 505(6)
The Clerk shall list the total unpaid charges against each separate lot or parcel to
which such charges are attributable on or before September 1 of each year, for
Council action pursuant to the provisions of this chapter.
Article VI: Penalties
5A.601 No person, firm, corporation, or licensee shall own and maintain or operate or rent to any
other person for occupancy any rental dwelling, rental dwelling unit, or premises in which a
rental dwelling unit is located in violation of Chapter 5A, Article I! (§5A.201, 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
53
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 Housing Enforcement
Officer to enter a dwelling or unit pursuant to an administrative search warrant for the
purposes of inspection when authorized by this Chapter.
5A.604 No person, firm, corporation or licensee shall fail or refuse to obey a Compliance Order
validly issued under this Code.
5A.605 No person, firm or 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 or 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.201, et. seq.), normal wear and tear excepted.
5A.607 No person shall occupy an unlicensed dwelling 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 unit shall fail to allow or refuse entry to the
Housing Enforcement Officer, 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 posting property pursuant to this Chapter.
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.
First Reading: July 12, 1999
Motion by Wyckoff, second by Szurek to schedule the second reading of Ordinance No. 1395 for
July 26, 1999 at approximately 7:00 p.m. Roll call: All ayes
54
5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS
A. Introduction of Newly-Hired Employee
The City Manager introduced Dan O'Brien, the newly-hired firefighter, who assumed his duties on
July 6, 1999.
6. PUBLIC HEARINGS
None
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolution
None
B. Bid Considerations
None
C. Other Business
1) Letter of Request Regarding Alley, 48th/49th Avenues, Madison/Monroe Streets
A letter was received from three property owners whose alley is being reconstructed and surfaced.
The letter was a request to consider a plan these owners are proposing relative to the alley project
and their respective retaining walls. The City Manager stated he would arrange a meeting with all
interested parties to discuss this issue.
8. ADMINISTRATIVE REPORTS
A. Report of the City Manager
The City Manager advised that budget review meetings are scheduled this week with staff. He also
referred to the SACA training fire on July 11th and how beneficial the training was for Fire
Department personnel. The City Manager advised he will keep the Council updated on the status
of the alley projects in the weekly green sheet.
B. Report of the City Attorney
The City Attorney had nothing to report.
55
9. GENERAL COUNCIL COMMUNICATIONS
Minutes of the May 18, 1999 EDA Meeting and of the June 23, 1999 Park and Recreation
Commission were included in the agenda packet. No Council action was required.
10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA
Councilmember Jolly stated he has not received minutes from the most recent Charter Commission
Meetings. The City Manager responded he will follow up on this.
Councilmember Hunter requested the status of the buildings scheduled to be torn down. The EDA
Director advised of the situation for the buildings remaining at 4150 Central Avenue, 3913 Polk
Street, 1260 46th Avenue and 3900 Central Avenue.
The resident at 3741 Reservoir Boulevard requested the Council prepare responses to her inquiry
regarding the acceptability of strip driveways. She had been advised by a member of the Fire
Department that a strip driveway would meet the ordinance requirement. She suggested these
responses could be given at the next Council Meeting.
This resident also expressed concern with the placement of decorative rock by a business on 37th
and Central Avenues. She noted this rock is getting into the street and has the potential for
continuing to so do. She felt since residents were prohibited from letting rock from their property
get into the street, and eventually into the sewer system, by requiring hard surfaces on driveways
and parking areas, businesses should be held to the same standard.
Council President Jolly feels the City Council should be the final reviewer of matters concerning
the Conoco Station on 37th and Central Avenues to make sure that all requirements of the City
regarding the project are being met. The City Manager suggested that staff be directed to develop
a "punch list" for the Conoco project to be reviewed at an Executive Session of the City Council.
A resident 1037 43rd Avenue advised that there is a piece of sidewalk in front of his house which
he thinks needs replacing. This will be referred to the Public Works Department.
11. ADJOURNMENT
Motion by Wyckoff, second by Hunter to adjourn the meeting at 8:30 p.m. Roll call: All ayes
Respectfully submitted,
56
Jo-Anne Student, Council Secretary
57