HomeMy WebLinkAboutNovember 22, 1999OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
NOVEMBER 22, 1999
CALL TO ORDER/APPOINTING OF SECRETARY PRO TEM,/ROLL CALL
The meeting was called to order by Mayor Peterson at 7:00 p.m. Present were Mayor Peterson, and
Council members Szurek, Jolly, Wyckoff, and Hunter.
Motion by Councilmember Szurek, seconded by Councilmember Hunter, to appoint Shelley Hanson
Secretary Pro-Tem for this meeting. Roll Call: All ayes.
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS TO MEETING AGENDA
Item 4 (11) was removed from the Consent Agenda.
Item 5.B. Presentation by Tom Dunwell regarding the proposed Community Center was removed from
the Agenda.
At this time Mayor Peterson made a statement regarding his being charged with a DUI offense. He
apologized for his error in judgment and promised this would never happen again. He feels he will be a
better person because of what he has leamed from this experience, and he hopes this will serve as a wake
up call to others as well. Mayor Peterson commended the officers on duty for their professional
behavior during this difficult episode. He hopes the community will not judge him too harshly and will
remember his 30 years of community service. Mayor Peterson expressed his desire that people not let
the negativity of this incident overshadow the good deeds that have also been done. He closed by saying
that he will be dealing with this on a personal level and that it will not be discussed publically again.
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.)
Motion by Councilmember Wyckoff, seconded by Councilmember Hunter, to approve the
Consent Agenda as follows:
1)
Minutes for Approval
The Council approved the minutes of the November 8, 1999, Regular Council Meeting as
presented.
2)
Resolution No. 99-94, Pertaining to Anoka Hennepin Technical College
The reading of the resolution was waived there being ample copies available for the
public.
Minutes of Council Meeting
November 22, 1999
Page 2
RESOLUTION NO. 99-94
RESOLUTION IN SUPPORT OF ANOKA-HENNEPIN TECHNICAL COLLEGE
WHEREAS, Anoka-Hennepin Technical College (AHTC) has served the community since 1967; and
WHEREAS, AHTC provides the prime basis of skilled employees for industrial services in the area; and
WHEREAS, the needs of employers for vocationally educated employees are increasing at a substantial
rate; and
WHEREAS, AHTC provides a variety of opportunities for affordable education for people interested in
hands-on education; and
WHEREAS, AHTC is being targeted for potential closure by Minnesota State Colleges and Universities
(MnSCU).
NOW, THEREFORE, BE IT RESOLVED that the Columbia Heights City Council does hereby support
the educational excellence ofAnoka Hennepin Technical College, and requests the MnSCU Board of
TrUstees support AHTC with the upgrades and improvements necessary to continue to provide quality
education in the northwestern communities.
Adopted this 22nd day of November, 1999.
Offered by: Wyckoff
Seconded by: Hunter
Roll Call: All ayes.
Gary L. Peterson, Mayor
William Elrite, City Clerk
3)
Resolution No. 99-93, Regarding Hazardous Property_ at 4417 N.E. University Avenue
The reading of the resolution was waived there being ample copies available for the
public.
Minutes of Council Meeting
November 22, 1999
Page 3
RESOLUTION 99-93
RESOLUTION REQUESTING REMOVAL OF HAZARDOUS PROPERTY AT
4417 UNIVERSITY AVENUE NE
WHEREAS, there are substandard buildings located at 4417 NE University Avenue which have been
dilapidated, unsafe, for a period in excess of fie years, and
WHEREAS, Minnesota Statute 463.15 to 463.26 authorizes municipalities to address hazardous and
substandard structures and properties, and
WHEREAS, the City of Columbia Heights finds this property to be hazardous based on the following code
violations as contained in the Findings of Fact:
FINDINGS OF FACT
Dangerous Building Definitions Chapter 3 of the 1994 Uniform Code for Abatement of Dangerous Buildings:
~'~' 302(5) Whenever any portion or member or appurtenance thereof is likely to fail, or to become dislodged, or to
collapse and thereby injure persons or damage property.
302(8) Whenever the building or structure, or any part thereof, because of (i) dilapidation, deterioration, or
decay; (ii) faulty construction; (iii) the removal, movement or instability of the ground necessary for the purpose
of supporting such building; (iv) the deterioration, decay or inadequacy of its foundation; or (v) any other cause,
is likely to partially or completely collapse.
302(9) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the
purpose for which it is being used.
302(10) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent
that a plumb line passing through the center of gravity does not fall inside the middle one third of the base.
302(11) Whenever the building or structure exclusive of the foundation, shows 33 percent or more damage or
deterioration of its supporting members, or 50 percent damage or deterioration of its non supporting members,
enclosing or outside walls or coverings.
302(17) Whenever any building or structure is in such a condition as to constitute a public nuisance known to
the common law or in equity jurisprudence.
,----THEREFORE, BE IT RESOLVED on the Building Official's conclusions that, the structures at 4417 NE
University Avenue are substandard and seriously deteriorated, that they lack minimum standards for habitable
space per 1995 MN State Building Code and 1994 Uniform Code for the Abatement of Dangerous Buildings,
and the Building Official is recommending the structures be removed, and the lot be graded for future
development.
Minutes of Council Meeting
November 22, 1999
Page 4
Conclusions of Council
That all relevant parties have been duly notified of this action.
That the structures on the property at 4417 NE University Avenue are hazardous and in violation of many local,
state, and national code requirements.
That the structures cannot be rehabilitated to bring them into compliance with local, state and national code
requirements.
Order of Council
o
o
The remaining dwelling and detached garage located at 4417 NE University Avenue, Columbia Heights,
Minnesota, are hazardous buildings pursuant to Minn. Statute 463.152, 463.616.
Pursuant to the foregoing findings and in accordance with Minnesota Statutes, the City Council hereby
orders the record owner of the above-hazardous building, or his heirs, to raze the building and retaining
wall at the west property boundary within thirty (30) days of the date of service of this order. The site
must then be stored to a safe conditions with fill as necessary.
The City Council further orders that personal property or fixtures that may unreasonably interfere with
the razing and removal of the structures shall be removed within thirty (30) days, and if not so removed
by the owner, the City of Columbia Heights may remove and sell such personal property and fixtures at
public auction in accordance with law.
The City Council further order that unless such corrective action is taken or answer is served upon the
City of Columbia Heights and filed in the office of the Court Administrations of the District Court of
Anoka County, Minnesota, within thirty (30) days from the date of the service of this order, a motion for
summary enforcement of this order will be made to the District Court of Anoka County.
The City Council further orders that if the City is compelled to take any correction actions herein, all
necessary costs expended by the City will be assessed against the real estate concerned, and collected in
accordance with Minnesota Statute 463.22.
The mayor, the clerk, city attorney and other officers and employees of the City are authorized and
directed to take such action, prepare, sign, and serve such papers as are necessary to comply with this
order, and to assess the cost thereof against the real estate described above for collection, along with
taxes.
Passed this 22na day of November, 1999.
Offered by: Wyckoff
Seconded by: Hunter
,,,,'~-Roll Call: All ayes.
Gary L. Peterson, Mayor
William Eldte, City Clerk
Minutes of Council Meeting
November 22, 1999
Page 5
4)
Authorize Assistant Fire Chiefs Attendance at National Fire Academy
The Council authorized the attendance of the Assistant Fire Chief at the National Fire
Academy in Emmitsburg, Maryland fi.om January 31, 2000 to February 11, 2000, and
that expenses be reimbursed from the appropriate account.
5)
Adopt Cit~rwide ID System, Gas Card, and City-Owned Buildings Security System
The Council authorized the City Manager and the Mayor to enter into a contract with
Trans-Alarm Inc. for the sot'tware and hardware required to finish Phase II of the security
system for City Hall at a cost of $21,400.93, including tax.
6)
Authorize Purchase of Boat, Motor, and Trailer for Water and Ice Rescue
Removed from Consent Agenda-Addressed later in meeting.
7)
Adopt City's Record Retention Schedule Pending Final Approval by the Minnesota
Department of Administration
The Council adopted the document entitled, "City General Records Retention Schedule"
and directed the City Manager to forward such document to the Minnesota Department of
Administration for approval.
8)
Approve License Applications
The Council approved the items as listed on the business license agenda for November
22, 1999, and to waive the fees for Immaculate Conception Church and the City of
Columbia Heights Liquor Department.
9)
Payment of Bills
The Council approved the bills as listed out of proper funds.
10)
Approve EDA Purchasing Policy and Authority
The Council authorized the EDA Board to be empowered as a bi-lateral fiscal agent with
the same authority as the City Council to process payments and other fmancial
transactions necessary in administering the City's Community Development Block Grant
Program effective January 1, 1999.
11)
Request Anoka County to Transfer Tax Forfeit Property_ and Approve a Fund Transfer
Toward the Purchase of 4501 Madison Street N.E.
Removed from the agenda. Anoka County has sold property to ACCAP.
Roll Call on Consent Items: All ayes.
Authorize Purchase of Boat, Motor, and Trailer for Water and Ice Rescue
Charlie Thompson, Fire Chief, briefly explained the boat and motor the department currently
uses is approximately a 1958 model. Parts for the motor are unavailable if repair should be
needed. Also the design of the boat deems it a safety hazard for Fire Department Personnel who
may be required to use it. The design of the boat being purchased should be much safer and
would enable rescues on thin ice easier also.
Minutes of Council Meeting
November 22, 1999
Page 6
The old boat/motor would be auctioned off. The Fire Chief stated the new boat, if authorized, should
arrive within two weeks. Fridley is also purchasing one or two of these units and that's why we're
getting such a good price. He also stated the prices listed are pre-tax prices.
Motion by Councilmember Jolly, seconded by Councilmember Szurek to authorize the City Manager
and Fire Chief to purchase a Zodiac Mark 2 Compact rescue boat and Spartan Custom WCI trailer with
tongue jack and tie downs from Great American Marine of Bloomington, MN, for a total cost of
$3,650.00 based upon low informal quotation; and further, authorize the City Manager and Fire Chief to
purchase a 15 horsepower Yamaha 4-stroke motor from Pierz Marine of Forest Lake, MN, for a total
cost of $1,649.00, based upon low informal quotation. Roll call: All ayes.
o
PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS
A. Proclamations
None
B. Presentation - Tom Dunwell, Buetow and Associates
Removed from agenda.
C. Introduction of New Employees
Randy Schumacher, the newly hired Community Development Assistant, was introduced by Ken
Anderson, Community Development Director and Frank Taylor, our new Police Officer was
introduced and sworn in by Police Chief, Tom Johnson.
D. Recognition
None.
PUBLIC HEARINGS
A. Second Reading of Ordinance Regulating Consumption in Public
Motion by Councilmember Hunter, seconded by Councilmember Wyckoff to waive the reading
of the ordinance, there being ample copies available for the public. All ayes.
ORDINANCE NO. 1401
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853 CITY CODE OF 1977,
PERTAINING TO CONSUMING IN PUBLIC
The City of Columbia Heights does ordain:
SECTION 1: Chapter 10, Section 113, Subdivision (15), of Ordinance No. 853, City Code of 1977, shall be
amended to hereafter read as follows, to-wit:
Minutes of Council Meeting
November 22, 1999
Page 7
10.113(15) Consuming in public. No person shall consume intoxicating liquor as defined
by Minnesota Statutes, Section 340A. 101, Subdivision 14, or nonintoxicating malt liquor as
defined by Minnesota Statutes, Section 340A. 101, Subdivision 19, while (1) on a public
street, highway, alley, sidewalk, boulevard, or any place frequented by the public; (2) on any
private property without the consent of the owner of such property; or (3) while in a vehicle
upon a public highway. This section shall not prohibit the consumption of such beverages
at duly licensed on-sale premises, or if otherwise authorized by law.
SECTION 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage.
First Reading:
Second Reading:
Date of Passage:
November 8, t999
November 22, 1999
November 22, 1999
Offered by: Hunter
Seconded by: Wyckoff
Roll Call: All ayes
William Elrite, City Clerk
Gary L. Peterson, Mayor
Bo
Second Reading of Ordinance Regulating Loitering in Possession of Open Bottle
Motion by Councilmember Hunter, seconded by Councilmember Wyckoff, to waive the reading of
the ordinance, there being ample copies available for the public. Roll Call: All ayes.
ORDINANCE NO. 1402
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853
CITY CODE OF 1977, PERTAINING TO LOITERING
IN POSSESSION OF OPEN BOTTLE
The City of Columbia Heights does ordain:
SECTION 1: Chapter 10, Section 113, Subdivision (16), of Ordinance No. 853, City Code of 1977, shall be
amended to hereafter read as follows, to-wit,
10.113(16) Loitering in possession of open bottle. No person shall loiter in any public street,
highway, alley, sidewalk, boulevard, or any other public property, or on any private property
without consent of the owner of such property, while in possession of any bottle or other
receptacle containing intoxicating liquor or nonintoxicating malt liquor that has been opened,
or the seal broken, or the contents partially removed, with intent to consume such
intoxicating liquor or nonintoxicating malt liquor.
Minutes of Council Meeting
November 22, 1999
Page 8
This section shall not prohibit the possession of alcoholic beverages at duly licensed on-sale
premises if otherwise authorized by law.
SECTION 2: This ordinance shall be in full force and effect fi:om and after thirty (30) days after its passage.
First Reading: November 8, 1999
Second Reading: November 22, 1999
Date of Passage:__November 22, 1999
Offered by: Hunter
Seconded by: Wyckoff
Roll Call: All ayes
Gary Peterson, Mayor
William Elrite, City Clerk
ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
(1)
First Reading of Ordinance No. 1395, Being an Ordinance Amending Chapter 5A of Ci_ty
Code of 1977
The Assistant Fire Chief gave a history of this ordinance and that it had come before the
council several months ago. However, at that time, several property owners/landlords were
in attendance and objected to some of the items being considered. Therefore, a meeting was
held August 17, 1999, with 26 landlords in attendance. Based on the input fi:om the
landlords, some changes were made to the ordinance. The Assistant Fire Chief reviewed
these changes with the Council.
A homeowner and landlord who were in attendance shared their viewpoints regarding the
time flame in which corrections are to be made, and how often inspections should take
place.
Motion by Councilmember Hunter, seconded by Councilmember Szurek, to waive the
reading of Ordinance No. 1395, there being ample copies available for the public. Roll Call:
All ayes.
Minutes of Council Meeting
November 22, 1999
Page 9
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, shall be further amended as follows:
Chapter 5A.. HOUSING MAINTENANCE CODE
Article I .. General Provisions
Section 1:
5A. 101(1)
(a)
(b)
(c)
(d)
(e)
(f)
5A. 101(2)
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;
To protect the character and stability of residential areas within the city;
To correct and prevent housing conditions that adversely affect or are likely to adversely affect the
life, safety, general welfare, and health;
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;
To prevent the overcrowding of dwellings;
To provide minimum standards for the maintenance of existing residential buildings and to thus
prevent substandard housing and blight;
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.
Minutes of Council Meeting
November 22, 1999
Page 10
Section 2:
5A. 102(1)
Section 3:
5A. 103(1)
(a)
(b)
(c)
"'" (d)
(e)
(0
(g)
(h)
(i)
O)
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.
Definitions
The following definitions shall apply in the interpretation and enforcement of this Code, to wit;
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.
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.
Approved. An indication that an item meets construction, installation, and maintenance standards
of the State of Minnesota and of this Code.
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 abasement unless such floor level qualifies as a first
story as defined herein.
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.
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.
Dwelling. A structure or portion thereof designed exclusively for residential occupancy, including
boarding and lodging houses, but not including hotels and motels.
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.
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.
Minutes of Council Meeting
November 22, 1999
Page 11
(1)
(m)
Functioning. In such physical condition as to safely perform the service or services for which an
item is designed or intended.
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)
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, finn 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, fn'm 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.
(x)
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.
(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
Minutes of Council Meeting
November 22, 1999
Page 12
(bb)
(cc)
(dd)
(ee)
(fO
(gg)
(lC0
5A. 103(2)
Article II
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.
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.
Rubbish. Rubbish is defined in 55.605(2) (b) of this City Code.
Safe. The condition of being free from danger and hazards which may cause accidents or disease.
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.
Unsafe. As applied to a structure, a condition or a combination of conditions which are dangerous
or hazardous to persons or property.
Unsanitary. Conditions which are dangerous or hazardous to the health of persons.
Water Closet. A toilet, with abowl and trap made in one piece, which is connected to the City water
and sewage system or other approved water supply and sewer system.
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."
Minimum Standards
Section 1:
5A.201(1)
(a)
(c)
Basic Equipment and Facilities
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;
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.
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.
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
Minutes of Council Meeting
November 22, 1999
Page 13
(d)
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.
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 mount 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.
(t)
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.
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.
Minutes of Council Meeting
November 22, 1999
Page 14
(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.
t j)
Section 2:
5A.202(1)
(a)
(b)
(c)
Section 3:
5A.203(1)
(a)
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.
Door and Window Locks
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:
When access to a dwelling trait 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 or making contact with the tenants must be provided.
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.
All ingress, egress and interior doors shall be kept free of holes and/or punctures.
Light, Ventilation, and Electric
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:
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.
Minutes of Council Meeting
November 22, 1999
Page 15
(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 ofopenable 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:
(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.
(5)
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:
5A.204(1)
Minimum Thermal Standards
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 trait shall have heating facilities which are properly installed and maintained in safe and
fimctioning 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 fi.om exterior
Minutes of Council Meeting
November 22, 1999
Page 16
(a)
walls, and which shall comply with the following requirements, to-wit:
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
5^.2050)
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. If25% 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 against
the passage and harborage of vermin and rodents and shall be kept in sound condition and good
repair. Every floor shall be flee of loose, warped, protruding or rotted flooring materials. Every
interior wall and ceiling shall be maintained in a tight weatherproof condition and may not be
covered wholly or partially by toxic paint or materials with a lasting toxic effect. Every toilet room
and bathroom floor surface shall be capable of being easily maintained in a clean state.
(d)
Rodent Proof. Each part of every dwelling shall be rodent resistant. All openings in exterior walls,
foundations, basements, ground or first floors or roofs which have an opening of ½" diameter or
larger shall be rodent-proofed in an approved manner, interior floors, basements, cellars and other
areas in contact with the soil shall be enclosed with concrete or other rodent impervious material.
Minutes of Council Meeting
November 22, 1999
Page 17
(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)
Section 6:
5A.206(1)
(a
5A.206(2)
Section 7:
5A.207(1)
(a)
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 oafe 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.
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.
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.
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
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.
Minutes of Council Meeting
November 22, 1999
Page 18
(b)
(c)
(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.
(5)
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.
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).
(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.
(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.
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
Minutes of Council Meeting
November 22, 1999
Page 19
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.
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.
5A.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.
(t)
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)
(h)
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.
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.
Minutes of Council Meeting
November 22, 1999
Page 20
(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.
5A.208 (2)
Variances under §5A.207 and §5A.208 shall be enforced and administered in accordance with
§9.105. The criteria contained in §9.105(3)(d) shall be applied in deciding whether or not an
applicant is entitled to a variance.
Section 9: Fire Safety
5A.209 (1)
No person shall occupy as an owner-occupant or 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 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.
Co)
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 mm:e than two hundred
($200.00) dollars.
Section 10: Discontinuance of Service or Facilities.
5A.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
~--5A.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.
5A.211(2) Rodent Harborages Prohibited in Public Areas. No owner of a dwelling containing two or more
Minutes of Council Meeting
November 22, 1999
Page 21
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.
5A.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 ail
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.
5A.211(5)
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
5A.301(1)
The City Manager and his/her designated agents shall be the Enforcement Official who shall
administer and enforce the provisions of the Ordinance. Inspections shall be conducted during
reasonable hours, and, upon request the Enforcement Official shall present evidence of his/her
official capacity to the owner, occupant or person in charge of a dwelling unit sought to be inspected.
Section 2: Inspection Access
5A.302 (1)
If an owner, occupant or other person in charge of a dwelling, dwelling unit or of a multiple 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 wan'ant from court of competent
jurisdiction.
Section 3: Inspections
Minutes of Council Meeting
November 22, 1999
Page 22
5A.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).
5A.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
Co)
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 fi.om 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,
(2) Sent by certified mail remm 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.
Minutes of Council Meeting
November 22, 1999
Page 23
~/"' 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:
5A.305(1)
Section 6:
5A.306(1)
Section 7:
5A.307(1)
Article IV
Section 1:
5A.401(1)
.~-.
Section 2:
Posting to Prevent Occupancy
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.
Right of Appeal
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).
Board of Appeals
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 heating
thereon. All heating 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.
Licensing
License Required
No person, finn 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.
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.
Minutes of Council Meeting
November 22, 1999
Page 24
(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)
(4)
(5)
The legal description and address of the rental dwelling.
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.
(c)
Section 3:
5A.403(1)
Section 4:
(6)
(7)
(8)
(9)
(10)
A description of the type of construction of the exterior of the building.
The number of paved off-street parking spaces available.
Name and address of person to whom owner/applicant wishes a certified letter to be sent for
purposes of §5A.303 (1)(d).
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.
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).
Failure to complete, in full, the required license application shall be grounds for denial of the license.
Application and Inspection
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.
Issuance of Rental Housing License
Minutes of Council Meeting
November 22, 1999
Page 25
~"5A.404(1)
SA.404(2)
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.
The City may by Council resolution establish a reinspection fee. Ifa dwelling unit is not currently
licensed, no license may be issued until all outstanding reinspection fees shall have been paid. Ifa
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:
5A.405(1)
Section 6:
License Display
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.
License Transfer
5A.406(1)
The license is transferable upon application to the Building Official and payment of the license
transfer fee by the prospective owner if the licensed premises is in compliance with the Code. The
license shall terminate if renewal or application for transfer is not made within 30 days after transfer
of ownership of the dwelling unit. The amount of the transfer shall be set by resolution of the
Council.
Section 7: License Renewal
SA.407(1)
(a)
(c)
(d)
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:
Completing the renewal form furnished to the owner, operator, or agent of the rental dwelling, by
the City Inspection Department, and
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
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
Successful completion of the annual Housing Maintenance Code inspection as required by Section
5A.303 (1) of this Ordinance.
Minutes of Council Meeting
November 22, 1999
Page 26
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 heating.
(b)
The council shall conduct a public heating 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.
r-' (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)
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
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;
Minutes of Council Meeting
November 22, 1999
Page 27
(b) MN Stat. 8609.321 through 609.324 which prohibit prostitution and acts relating thereto;
(c)
MN Stat. 8 1 52.01 through 152.025, and 8 1 52.027, subds. I and 2, which prohibit the unlawful
sale or possession of controlled substances;
(d) MN Stat. 8340A.401, which prohibits the unlawful sale of alcoholic beverages;
(e)
MN Stat. 8609.33, which prohibits owning, leasing, operating, managing, maintaining, or conducting
a disorderly house or inviting or attempting to invite others to visit or remain in a disorderly house;
(f) Section 10.312 of this code, which prohibits noisy assemblies;
(g)
MN Stat. 897B.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)
(i)
O)
(k)
5A.410(2)
MN Stat. 8609.72, which prohibits disorderly conduct.
MN Stat. 8609.221 through 609.224, which prohibits assaults, including domestic assault as defined
inMN Stat. 8 518B.01.
Violation of laws relating to contributing to need for protection or services or delinquency of a minor
as defined in MN Stat. 8260.315.
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.
5A.410(3)
5A.410(4)
5A.410(5)
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.
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).
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
Minutes of Council Meeting
November 22, 1999
Page 28
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 Chef(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:
Section 1:
~" 5A.501(1)
Section 2:
5A.502(1)
Section 3:
5A.503(1)
Remedies
Hazardous Building Declaration
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.
Secure Unfit and vacated Dwellings
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.
Failure to Comply
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.
Minutes of Council Meeting
November 22, 1999
Page 29
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:
5A.601
Penalties
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 II (§5A.201, et. seq.), maintenance
standard.
5A.602
No person, finn 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
5A.604
5A.605
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.
No person, firm, corporation or licensee shall fail or refuse to obey a Compliance Order validly
issued under this Code.
No person, firm or corporation shall give or submit false information on a license application or any
renewal thereof.
5A.606
5A.607
5A.608
5A.609
5A.610
5A.611
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.
No person shall occupy an unlicensed dwelling or dwelling unit if such dwelling unit is required to
be licensed under this Chapter.
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.
No person may occupy a dwelling or property posted pursuant to §5A.304.
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.
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.
Minutes of Council Meeting
November 22, 1999
Page 30
Shall hereafter read as follows, to wit:
Chapter 5A
Article I
RESIDENTIAL MAINTENANCE CODE
General Provisions
Section 1:
5A. 101(1)
(a)
(d)
(e)
(0
5A. 101(2)
Section 2:
5A. 102(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;
To protect the character and stability of residential areas within the city;
To correct and prevent housing conditions that adversely affect or are likely to adversely affect the
life, safety, general welfare, and health;
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;
To prevent the overcrowding of dwellings;
To provide minimum standards for the maintenance of existing residential buildings and to thus
prevent substandard housing and blight;
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.
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.
Minutes of Council Meeting
November 22, 1999
Page 31
Section 3:
5A. 103(1)
(a)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
O)
(1)
(m)
Definitions
The following definitions shall apply in the interpretation and enforcement of this Code, to wit;
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.
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.
Approved. An indication that an item meets construction, installation, and maintenance standards
of the State of Minnesota and of this Code.
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.
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.
Clean. The absence of rubbish, garbage, vermin or other unsightly, offensive or extraneous matter.
Dwelling. A structure or portion thereof designed exclusively for residential occupancy, including
boarding and lodging houses, but not including hotels and motels.
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.
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.
Functioning. In such physical condition as to safely perform the service or services for which an
item is designed or intended.
Garbage. Garbage is defined in 5.605(2)(a).
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.
Hot Water. Water heated to a temperature of not less than 110 degrees Fahrenheit, measured at
faucet outlet.
Minutes of Council Meeting
November 22, 1999
Page 32
(o)
(p)
(s)
(t)
(u)
(v)
(w)
(x)
(z)
(aa)
Housing Code. Section 5A of this Code together with the Uniform Housing Code, 1985 Edition,
as amended, International Conference of Building Officials.
Housing Enforcement Officer. Agent designated by the City Manager to enforce provisions of the
Residential Maintenance Code.
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.
Occupant. Any person (including owner or operator) living, sleeping, cooking or eating within a
dwelling unit.
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, finn 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.
Person. Any individual, firm, parmership, association, corporation, company or a joint venture or
organization of any kind.
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.
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, except such dwellings for
which all units are occupied by the owner or persons who are the owner's child, stepchild, daughter-
in-law, son-in-law, parent, stepparent, parent-in-law, grandchild, grandparent, brother, brother-in-
law, sister, sister-in-law, aunt or uncle. Rental dwellings for purposes of this Code do not include
hotels, motels, hospitals or homes for the aged.
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.
Rodent Harborage. A place where rodents commonly live, nest, or establish their habitat.
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.
Minutes of Council Meeting
November 22, 1999
Page 33
(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.
(fO
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)
Article II
Whenever the words"dwelling," "dwelling unit, .... unit,""premises," or"stmctures" are used in this
Chapter, they shall be construed as though they were followed by the words "or any part thereof."
Minimum Standards
Section 1: Basic Equipment and Facilities
5A.201(1)
No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or
dwelling unit for the purposes of living, sleeping, cooking or eating therein which does not comply
with the following requirements, to-wit;
(a)
Kitchen Sink. Each 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
Minutes of Council Meeting
November 22, 1999
Page 34
of the stove and refrigerator must exist.
(d)
(e)
(0
(g)
(i
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.
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 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.
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.
Access to Dwelling Unit. Access to or egress from each dwelling unit shall be provided without
passing through any other dwelling unit.
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.
Minutes of Council Meeting
November 22, 1999
Page 35
(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.
(J)
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:
5A.202(1)
(a)
(b)
(c)
Door and Window Locks
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 fimctioning door and window locks which
comply with the following requirements, to wit:
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.
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.
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:
~-5A.203(1)
Light, Ventilation, and Electric
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:
Minutes of Council Meeting
November 22, 1999
Page 36
(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.
Co)
(c)
(d)
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.
Nonhabitable Room Ventilation. Every bathroom, water closet compartment, laundry room, utility
room, or other nonhabitable room shall contain a minimum total ofopenable 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.
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 fimctioning 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 fi.action 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.
(5)
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 tamed on when needed may be substituted for full-time
lighting.
Minutes of Council Meeting
November 22, 1999
Page 37
Section 4:
.~"~5A.204(1)
Minimum Thermal Standards
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.
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:
5^.205(1)
Foundation, Exterior Walls, and Roofs
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. If25% 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 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.
Minutes of Council Meeting
November 22, 1999
Page 38
(d)
Rodent Proof. Each part of every dwelling shall be rodent resistant. All openings in exterior walls,
foundations, basements, ground or first floors or roofs which have an opening of ½" diameter or
larger shall be rodent-proofed in an approved manner, interior floors, basements, cellars and other
areas in contact with the soil shall be enclosed with concrete or other rodent impervious material.
(e)
Fence Maintenance. All fences on the premises where the dwelling or dwelling unit is located shall
be maintained in accordance with §6.401 to §6.403, inclusive, of this City Code.
(f)
Accessory Structure Maintenance. Accessory structures on the premises where the dwelling or
dwelling unit is located shall be structurally sound and maintained in good repair. The exterior of
such structures shall be covered with decay-resistant materials such as paint or other preservatives.
(g)
Safe Building Elements. Every foundation, roof, floor, exterior wall, interior wall, ceiling, inside
stair, outside stair, porch, balcony and every appurtenance to each of the foregoing shall be safe to
use and capable of supporting normal structural loads.
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:
(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.
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:
5A.207(1)
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.
Minutes of Council Meeting
November 22, 1999
Page 39
(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.
(5)
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.
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 CoCer. 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)
(3)
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).
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.
Minutes of Council Meeting
November 22, 1999
Page 40
(d)
(e)
(0
(g)
Section 8:
5A.208(1)
(a)
(b)
Other Parking Lot Screening. All parking lots for dwellings of three (3) or more units which are not
required to be screened pursuant to § 5 A.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.
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.
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.
Variances under §5A.207 shall be enforced and administered in accordance with §5A.208(2).
Exterior Parking, Pedestrian Walkways and Lighting.
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:
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.
The required parking space must have a minimum width of 9 feet and a minimum length of 20 feet.
(c)
(d)
(e)
(f)
(g)
All required parking spaces must be surfaced with asphalt or concrete.
Curb guards and/or guardrails must be provided for parking spaces situated above retaining walls.
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.
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.
Minutes of Council Meeting
November 22, 1999
Page 41
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.
5A.208 (2)
Variances under §5A.207 and §5A.208 shall be enforced and administered in accordance with
§9.105. The criteria contained in §9.105(3)(d) shall be applied in deciding whether or not an
applicant is entitled to a variance.
Section 9:
5A.209 (1)
Fire Safety
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.
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:
SA.210(1)
Discontinuance of Service or Facilities.
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
5A.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.
Minutes of Council Meeting
November 22, 1999
Page 42
5A.211 (2)
Rodent Harborages Prohibited in Public Areas. No owner of a dwelling containing two or more
dwelling units shall accumulate or permit the accumulation of boxes, lumber, scrap metal or any
other similar materials in such a manner that may provide a rodent harborage in or about shared or
public areas of a dwelling or its premises.
5A.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.
5A.211 (5)
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
5A.301(1)
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
5A.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 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.
Minutes of Council Meeting
November 22, 1999
Page 43
Section 3'
5A.303 (1)
Inspections
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).
5A.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
Co)
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 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:
5A.304(1)
Compliance Order
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 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) 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,
Minutes of Council Meeting
November 22, 1999
Page 44
(2)
(3)
Sent by certified mail return receipt requested to his/her last known address, or,
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
5A.305(1)
Section 6:
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 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.
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
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, Intemational Conference of Building Officials.
Article IV Licensing
Section 1:
5A.401(1)
License Required
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.
Minutes of Council Meeting
November 22, 1999
Page 45
Section 2:
5A.402(1)
License Procedures
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.
(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.
Minutes of Council Meeting
November 22, 1999
Page 46
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. Ifa
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.
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.
Minutes of Council Meeting
November 22, 1999
Page 47
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)
(b)
(c)
5A.408(3)
5A.408(4)
Section 9:
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 heating.
The council shall conduct a public heating 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.
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.
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.
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)
Section 10:
5A.410 (1)
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:
(a)
(b)
(c)
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. I and 2, which prohibit the unlawful
sale or possession of controlled substances;
Minutes of Council Meeting
November 22, 1999
Page 48
(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 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)
(i)
O)
(k)
5A.410(2)
MN Stat. §609.72, which prohibits disorderly conduct.
MN Stat. §609.221 through 609.224, which prohibits assaults, including domestic assault as defined
inMN 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.
5A.410(3)
5A.410(4)
5A.410(5)
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.
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, ornot 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).
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).
Minutes of Council Meeting
November 22, 1999
Page 49
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.
SA. 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:
5A.501(1)
Section 2:
5A.502(1)
Section 3:
5A.503(1)
Hazardous Building Declaration
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.
Secure Unfit and Vacated Dwellings
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.
Failure to Comply
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.
Minutes of Council Meeting
November 22, 1999
Page 50
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
SA.S0S(1)
The Housing Enforcement Officer shall be authorized to request reimbursement of expenses in
excess of $100.00 per rental property owner in any calendar year which are related directly to
suspension or revocation of the rental license from any or all rental property owned by said owner.
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)
SA.SOS(S)
5A.505(6)
The Clerk shall establish a separate improvement fired 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.
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.
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.
Minutes of Council Meeting
November 22, 1999
Page 51
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 II (§5A.201, et. seq.), maintenance
standard.
5A.602
5A.603
5A.604
5A.605
~' 5A.606
5A.607
5A.608
5A.609
5A.610
5A.611
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.
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 wan'ant for the purposes of
inspection when authorized by this Chapter.
No person, firm, corporation or licensee shall fail or refuse to obey a Compliance Order validly
issued under this Code.
No person, firm or corporation shall give or submit false information on a license application or any
renewal thereof.
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.
No person shall occupy an unlicensed dwelling or dwelling unit if such dwelling unit is required to
be licensed under this Chapter.
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.
No person may occupy a dwelling or property posted pursuant to §5A.304.
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.
Any person, fu'm 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.
Minutes of Council Meeting
November 22, 1999
Page 52
SECTION 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage.
First Reading:
Second Reading:
Date of Passage:
Offered by:
Seconded by:
Roll Call:
November 22, 1999
William Elrite, City Clerk
Mayor Gary L. Peterson
Bo
Motion by Councilmember Hunter, seconded by Councilmember Szurek to schedule the second
reading of Ordinance No. 1395 for December 13, 1999, at approximately 7:00 p.m.
Bid Considerations
None
Co
Other Business
1) Authorize Software Purchase from PC Solutions
The Finance Director explained this expenditure is needed to upgrade our system which will
improve our intemet and e-mail capabilities, as well as getting our Web Site up and operating.
Motion by Councilmember Szurek, seconded by Councilmember Wyckoff, to authorize the
Mayor and City Manager to enter into an agreement with PC Solutions for the purchase of
BorderManager at $4,544; GroupWise at $9,867; and ZENworks at $4,494. Roll Call: All ayes.
o
ADMINISTRATIVE REPORTS
A. Report of the City Manager
The City Manager wished everyone a Happy Thanksgiving.
Bo
Report of the City Attomey
There was nothing to report.
Minutes of Council Meeting
November 22, 1999
Page 53
GENERAL COUNCIL COMMUNICATIONS
A. Minutes of Boards and Commissions
Minutes from the following meetings were included in the Council Packet:
1) Meeting of the October 27, 1999, Park and Recreation Commission
2) Meeting of the November 2, 1999, Public Library Board of Trustees
3) Meeting of the October 19, 1999, Economic Development Authority
4) Meeting of the November 10, 1999, Human Services Commission
5) Meeting of the October 21, 1999, Charter Commission
No Council Action was required.
10. CITIZENS FORUM
Dee Logan expressed how important she feels the core values of the Values 1 st Program are.
encouraged everyone to take stock of their lives and re-commit themselves to these traits.
11.
ADJOURNMENT
The Council Meeting was adjourned at 8:04 p.m.
She
Respectfully submitted,
Shelley Hanson?Secretary Pro-Tem