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HomeMy WebLinkAboutOrdinance 1176ORDINANCE NO. I176 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, BY ESTABLISHING A HOUSING MAINTENANCE CODE AND LICENSING RENTAL UNITS The City of Columbia Heights does ordain: SECTION 1: Chapter 5A of Ordinance No. 853, City Code of 1977, Passed June 21, 1977, which is currently reserved, shall hereafter read as follows, to-wit: Chapter 5A HOUSING MAINTENANCE CODE Article I General Provisions Section 1: Statement of Purpose 5A.101(1) The purpose of the Housing Maintenance Code (hereinafter referred to in Chapter 5A as "Code") is to protect the public health, safety and general welfare of the people of this City. These objectives include, among others, the following: (a) To protect the character and stability of residential areas within the city; (b) To correct and prevent housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare, and health; (c) To provide minimum standards for heating, for sanitary equipment and for light and ventilation necessary to protect the health and safety of occupants of buildings; (d) To prevent the overcrowding of dwellings; (e) To provide minimum standards for the maintenance of existing residential buildings and to thus prevent substandard housing and blight; (f) To preserve the value of land and buildings throughout the city. 5A.101(2) With respect to disputes between landlords and tenants, and except as otherwise specifically provided by terms of this Ordinance, the City Council will not intrude upon the accepted contractual relationships between landlords and tenants. The City Council will not intervene as an advocate of either party, nor will it act as an arbiter, nor 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 Section 2: 5A.102(1) Section 3: 5A.103(1) 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 hous(ng. 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: (a) Accessory Structure. A structure subordinate to the main or principal dwelling or dwellings which is not authorized to be used for living or sleeping by human occupants and which is located on or partially on the premises. (b) Apartment Unit. Apartment, apartment unit, or dwelling unit means a room or group of rooms located within a building which form a single habitable unit with facilities which are used or are intended to be used for living, sleeping, cooking or eating. (c) Approved. An indication that an item meets construction, installation, and maintenance standards of the State of Minnesota and of this Code. (d) Basement. Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein. (e) Building. Any structure having a roof which may provide shelter or enclosure for persons, animals, or chattels, and, when said structure is divided by party walls without openings, each portion of such building so separated shall be deemed a separate building. {f) Building Official. Agent designated by the City Manager to enforce provisions of the Housing Maintenance Code. (g) Clean. The absence of rubbish, garbage, vermin or other unsightly, offensive or extraneous matter. (h) Dwelling. A structure or portion thereof designed exclusively for residential occupancy, including boarding and lodging houses, but not including hotels and motels. -2- (i) (j) (k) (1) (m) (n) (o) (p) (q) (r) (s) (t) (u) 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. Housing Code. Section 5A of this Code together with the Uniform Housing Code, 1985 edition, International Conference of Building Officials. 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, firm or corporation who has the right to determine who occupies a rental structure (even though that right may be subject to a lease or rental agreement), or a person, firm, corporation who shall have the power to rent or let premises to another for purposes of this Code. Person. Any individual, firm, partnership, association, corporation, company or a joint venture or organization of any kind. -3- (v) (w) (x) (Y) (z) (aa) (bb) (cc) (dd) (ee) (ff) (gg) (hh) Premises. A platted lot or part thereof or unplatted parcel of land, and adjacent right-of-way either occupied or unoccupied non-dwelling structure, including building accessory structures. Public Hall. A hall, corridor or a passageway for providing egress from a dwelling unit to a public way and not within the exclusive control of one family. Rental Dwelling. Any dwelling for hire with one or more living units. Rental dwellings for purposes of this Code do not include hotels, motels, hospitals or homes for the aged. 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. 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 §5.605(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 a bowl and a trap made in one piece, which is connected to the City water and sewage system or other approved water supply and sewer system. -4- - Minimum Standards Article II Section 1: 5A.201{1) (al (b) (c) (d) (el 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 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 unit must contain a counter or table for food preparation and must contain cabinets and/or shelves for storage of eating, drinking and cooking equipment 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 unit must contain an operational and functioning stove for cooking food and a refrigerator for the safe storage of food which are properly installed with all necessary connections for safe, sanitary and efficient operation. Such stove or refrigerator need not be installed when a dwelling unit is not occupied and when the occupant is required to provide a stove or refrigerator on occupancy. If the occupant is required to furnish a stove or refrigerator, sufficient space and adequate functioning connections for the installation and operation of the stove and refrigerator must exist. 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 -5- Section 2: SA. 202( 1 ) and unheated running water under pressure, and shall be connected to the City sewer system. (f) Bathtub or Shower. Every dwelling unit shall contain a nonhabitable room which is equipped with a bathtub or shower in good working condition. Such room shall have an entrance door which affords privacy. A bathtub or shower shall be properly connected to an approved water supply system, shall provide at all times an adequate amount of heated and unheated water under pressure, and shall be connected to the City sewer system. (g) Stairways, Porches and Balconies. Every stairway or flight of stairs, whether inside or outside of a dwelling, and every porch or balcony shall be kept in safe condition, sound repair, and free of deterioration. Every stairwell and every flight of stairs which is more than two risers high shall have handrails which conform to the standards set forth in §6.201(1). Every porch, balcony or deck which is more than thirty (30) inches high shall have a guardrail located at least thirty-six (36) inches above the floor of the porch or balcony. Every handrail and guardrail shall be firmly fastened and maintained in good condition. No flight of stairs shall have settled out of its intended position or have pulled away from the supporting or adjacent structures enough to cause a hazard. No flight of stairs may have rotting, loose or deteriorating supports. The treads and risers of every flight of stairs, except spiral or winding stairways, shall be essentially uniform in width and height. Stairways shall be capable of supporting a live load or one hundred (100) pounds per square foot of horizontal projection. (h) Access to Dwelling Unit. Access to or egress from each dwelling unit shall be provided without passing through any other dwelling unit. 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: (a) When access to a dwelling unit door is gained through a common corridor or entrance in a dwelling in which four (4) or more dwelling units share a common entrance or corridor, an approved security system 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. -6- Section 3: 5A, 203 (1) An approved lock box accessible to the Fire Department must be provided for access to the building. (b) Every door that provides ingress or egress for a dwelling unit within a multiple family unit shall be equipped with an approved lock that has a dead locking bolt that cannot be retracted by end pressure; provided, however, that such doors shall be openable from the inside without the use of a key or any special knowledge or effort. (c) Every window other than a fixed window or storm window shall be openable from the inside without the use of a key or any special knowledge or effort. 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: (a) Habitable Room Ventilation. Every habitable room shall have at least one window facing directly outdoors which can be easily opened unless the room contains, in lieu thereof, another device affording ventilation which has been approved by the Building Official. The minimum total of openable window area in every habitable room shall be the greater of four percent (4%) of the floor area of the room or four (4) square feet. (b) Sleeping Room Ventilation. The minimum total of openable window area in every sleeping room shall be the greater of four percent (4%) of the floor area of the room or 5.7 square feet. (c) Nonhabitable Room Ventilation. Every bathroom, water closet compartment, laundry room, utility room, or other nonhabitable room shall contain a minimum total of openable window area that shall be the greater of five percent (5%) of the floor area of the room or 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 overcurrent protection devices, functioning electrical outlets, and functioning electrical fixtures which are properly installed, which shall be maintained in a safe working condition and which shall be connected to a source of electric power in a manner prescribed by §6.201(1). The minimum capacity of such electric service and the minimum number of electric outlets and fixtures shall be as follows: (i) A dwelling containing two or more units shall have at least the equivalent of sixty (60) ampere, three-wire electric service per dwelling unit. -7- Secti on 4: 5A. 204 ( 1 ) (ii) Each dwelling unit shall have at least one branch electric circuit for each six hundred (600) feet of dwelling unit floor area. (iii) Every habitable room shall have at least the lessor 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, that one ceiling 6r wall-type light fixture may be substituted for one required electric outlet. (iv) Every water closet compartment, bathroom, kitchen, laundry room, and furnace room shall contain at least one supplied ceiling or wall-type electric light fixture, and every bathroom, kitchen, and laundry room shall contain at least one electric convenience outlet. (v) Every public 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. (vi) A convenient switch or equivalent device for turning on a light in each dwelling unit shall be located near the point of entrance of such unit and shall be readily accessible to persons immediately upon their entry to such unit. 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 appliances designed primarily for cooking or water heating purposes shal] 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. -8- Section 5: 5A.205(1) (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 §5A.204(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: (al The foundation, exterior walls and exterior roof shall be water tight and protected against vermin and rodents and shall be kept in sound condition and repair. The foundation element shall adequately support the building at all points. Every exterior wall shall be free of structural deterioration or any other condition which might admit rain or dampness to the interior portion of the walls or to the interior spaces of the dwelling. The roof shall be tight and have no defects which admit rain or roof drainage and shall be adequate to prevent rain water from causing dampness in the walls. All exterior surfaces, other than decay resistant materials, shall be covered by paint or other protective covering or treatment which protects the exterior surfaces from elements and decay in a functioning manner. If 25% or more of the total exterior surface of the pointing of any brick, block or stone wall is loose or has fallen out, the surface shall be protected as heretofore provided. (b) Windows, Doors and Screens. Every window, exterior door and hatchway shall be tight and shall be kept in repair. Every window other than a 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 tigh~ 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, -9- Section 6: 5A. 206 ( 1 ) 5A.206(2) basements, ground or first floors or roofs which have an opening of 1/2" 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. (h) Facilities to Function. All equipment, utilities, chimney and flue required under City Code shall function effectively in a safe and working condition. (i) Grading and Drainage. Every yard, court or passageway on the premises on which a dwelling or dwelling unit is located shall be graded and drained so as to be free of standing water that constitutes a detriment to health and safety and so as to direct water away from the dwelling unit. 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: (a) Permissible Occupancy of Dwelling Unit. The maximum permissible occupancy of any rental dwelling unit shall be determined as follows: (i) For the first occupant, 150 square feet of habitable room floor space and for every additional occupant thereof, at least 100 square feet of habitable room floor space. (ii) In no event shall the total number of occupants exceed two times the number of habitable rooms, less kitchen, in the dwelling unit. 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. -10- Screening and Landscaping Section 7: 5A.207{1) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit 'for the purpose of living, sleeping, eating or cooking therein which does not comply with the requirements of this §5A.207. (a) Definitions. For the purposes of this Section, the following terms shall have the meanings stated: (i) Fence. Any partition, structure, wall, or gate erected as a divider marker, barrier, or enclosure, and located along the boundary or within the required yard. (ii) Landscape. Site amenities, including trees, shrubs, ground covers, flowers, fencing, berms, retaining walls, and other outdoor finishings. (iii) Mechanical Equipment. Heating, ventilation, exhaust, air conditioning, and communication units integral to and located on top, beside, or adjacent to a building. (iv) Retaining Wall. A wall or structure constructed of stone, concrete, wood, or other materials, used to retain soil, as a slope transition, or edge of a planting area. (v) Screening. A barrier which blocks all views from public roads and differing land uses to off-street parking areas, loading areas, service and utility areas, and mechanical equipment. (b) Every yard of any premises on which a dwelling or dwelling unit is located shall have installed and maintained landscaping in accordance with the provisions of this section: (i) Sodding and Ground Cover. All exposed ground area surrounding the principle building and accessory 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 material. No landscaped area shall be used for the parking of vehicles or storage or display of materials, supplies or merchandise. (ii) Slopes and Berms. Final grades with a slope ratio of greater than three (3) to one (1) will not be permitted without special approved treatment such as special seed mixtures or reforestation, terracing, or retaining walls. Berming used to provide required screening of parking lots and other open areas shall not have slopes in excess of three (3) to one (1). (iii) Maintenance. Any dead trees, shrubs, ground covers, and sodding shall be replaced in accordance with this Code. -11- Section 8: 5A.208(1) (iv) Placement of Plant Materials. No landscaping shall be allowed within any drainage utility easements, road right-of-way, or immediately adjacent to any driveway or road intersection if such landscaping would interfere with a motorist's view of the street or roadway or with the use of the easement for its intended purpose. (c) General Screening. All loading, service utility, mechanical equipment, and outdoor storage areas for dwellings of three (3) or more units shall be screened from all public roads and adjacent differing land uses. All parking lots for dwellings of three (3) or more units if the property on which the lot is located abuts a differing land use and is not separated from the differing 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 percent (75%) opacity year-round. Other Parking Lot Screening. All parking lots for dwellings of three (3) or more units which are not required to be screened pursuant to §5A.207(1)(c) must either provide screening pursuant to §5A.207(1)(c) or provide a minimum of one deciduous tree for every forty-five feet (45') or portion thereof of parking lot perimeter planted adjacent to the nearest roadway abutting the property on which the parking lot is located. (e) 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 any dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which is located on premises which does not comply with the following requirements, to-wit: (a) One accessible parking space must be provided for each dwelling unit. (b) The required Parking space must have a minimum width of 9 feet and a minimum length of 20 feet. (c) All required parking spaces must be surfaced with asphalt or concrete. -12- Id) Curb guards and/or guardrails must be provided for parking spaces situated above retaining walls. (e) An unobstructed path must be provided between parking areas and the dwelling unit. Lighting must be provided for parking areas and walkways between the parking area and the dwelling unit in dwellings consisting of three (3) or more units. Lighting must be available for parking areas and walkways between the parking area and the dwelling unit for dwellings of two (2) or less units. (g) In dwellings of three (3) or more units, parking areas and pedestrian walkways must have a minimum light of 1 foot candle, and the maximum light at the boundary line of the premises may not exceed 3 foot candles. 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 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) 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. (b) In new construction of any dwelling unit and in common hallways and other common areas of existing units, required smoke detectors shall receive their primary power from the building wiring when such wiring is served from a commercial source. Wiring shall be permanent and without a disconnecting switch other than those required for overcurrent protection. ARTICLE III Inspection and Enforcement Section 1: 5A.301(1) Enforcement and Inspection Authority The City Manager and his/her designated agents shall be the Building Official who shall administer and enforce the provisions of the Ordinance. Inspections shall be conducted during reasonable hours, -13- Section 2: 5A.302(1) Section 3: 5A.303(1) Section 4: 5A.304(1) and, upon request, the Building 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. Inspection Access If an owner, occupant or other person in charge of a dwelling, dwelling unit or of a multiple dwelling fails or refuses to permit free access and entry to the structure or premises, or any part thereof, for an inspection authorized by this Ordinance, the Building Official may, upon a showing that probable cause exists for the inspection or for the issuance of an order directing compliance with the inspection requirements of this section with respect to such dwelling, dwelling unit or multiple dwelling, petition and obtain an order to inspect and/or search warrant from a court of competent jurisdiction. Compliance Order Whenever the Building Official determines that any dwelling, dwelling unit or the premises surrounding any of these fails to meet the provisions of this Ordinance, he/she may issue a Compliance Order setting forth the violations of the Ordinance and ordering the owner, occupant, operator or agent to correct such violations. The compliance order shall: (a) Be in writing; (b) Describe the location and nature of the 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 or his/her agent or the occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is: (i) Served upon him/her personally, (ii) Sent by certified mail return receipt requested to his/her last known address, or (iii) Upon failure to effect notice through {i) and (ii) as set out in this section, posted at a conspicuous place in or about the dwe/~ing which is affected by the notice. Posting to Prevent Occupancy The Building Official may post any building or structure covered by this Ordinance as being in direct violation of the Ordinance preventing further occupancy. Posting will occur if any owner, agent, licensee or other responsible person has been notified by -I4- Section 5: 5A.305(1) Section 6: 5A.306(1) Article IV Section 1: 5A.401(1) Section 2: 5A.402(1) 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 Building 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 Ordinance 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 hearing thereon. All hearing notices shall be given in the same manner prescribed for giving notice of Compliance Orders under §5A.303(1). All appeals shall be conducted in accordance with Sec. 203, Uniform Housing Code, 1985 edition, International Conference of Building Officials. Licensing 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 Building Official. Each such licensee shall register annually with the Building Official. If the license is denied, no occupancy of dwelling units then vacant or which become vacant is permitted until a license has been issued. Apartment units within an unlicensed apartment building for which a license application has been made and which units are in compliance with this Chapter 5A and with §6.202(1) may be occupied provided that the unlicensed units within the apartment building do not create a hazard to the health and safety of persons in occupied units. License Procedures Within 180 days after the passage of this Chapter SA, the owner of any rental unit within the City shall apply to the Building Official for a rental housing license in the manner hereafter prescribed. (a) Application shall be made on forms provided by the City and accompanied by the initial fee in an amount set by resolution of the City Council. The owner of an apartment building or rental home constructed after the date of passage of this -15- Section 3: 5A.403(1) Section 4: 5A.404(1) 5A.404(2) (b) Ordinance shall obtain a license prior to actual occupancy of any rental unit therein. Applicants shall provide the following information on license applications: (i) (ii) Name and address of owner of the rental dwelling and the name and address of the operator or agent actively managing said rental dwelling. The name and address of the vendee if the rental dwelling is being sold on a contract for deed. (iii) The legal description and address of the rental dwelling. (iv) The number and kind of units within the rental dwelling, the floor area for each such unit and the total floor area of the building. (v) (vi) The number of toilet and bath facilities shared by the occupants of two or more dwelling units. A description of the type of construction of the exterior of the building. (vii) The number of paved off street parking spaces available. (viii) Name and address of person to whom owner/applicant wishes a certified letter to be sent for purposes of §5A.303(1)(d). (ix) Such other information as the administrative service shall require. 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 requirements of the Code. Issuance of Rental Housing License If the rental dwelling is in compliance with the requirements of the Code, a license shall be issued to the present owner, occupant or agent which shall state that the structure has been inspected and is in compliance with the requirements of the Code. The present owner or any agent designated by the present owner or occupant shall obtain a license. If the City finds that the circumstances of occupancy following the issuance of the license involve possible Code violations, substandard maintenance or abnormal wear and tear, the City may again inspect tile premises during the licensing period. The City may by Council resolution establish a reinspection fee. If a dwelling unit is not currently licensed, no license may be issued -16- Sec ti on 5: SA. 405 ( ! ) Section 6: 5A.406(1) Secti on 7: 5A. 407 ( 1 ) Section 8: 5A. 408 ( 1 ) Section 9: 5A.409(1) Article V Section 1: until all outstanding reinspection fees shall have been paid. If a dwelling unit is licensed, the license for such dwelling unit shall expire twenty (20) days after the licensee or his agent is notified of the inspection fee that must be paid to maintain such license in good standing unless the fee is paid prior to the expiration of the twenty (20) day period. 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 of a prospective tenant or the Building Official or his/her authorized representative. License Transfer 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. T~e 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 fee shall be set by resolution of the Council. License Renewal Renewal of the license as required annually by this Code may be made by filling out the required renewal form furnished by the Building Official to the owner, operator or agent of a rental dwelling and by mailing the form together with the required registration fee to the building official. Such renewal or registration may be made only when no change in the ownership, operation, agency or type of occupancy as originally licensed has been made and where there has been an inspection within the last two years. Suspension or Revocation 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. Revocation and suspension procedures shall be those prescribed in Chapter 5 of the City Code. License Fees License fees, inspection fees, and reinspection fees shall be established by Council resolution. Remedies Hazardous Building Declaration -17- Section 2: 5A.502(1) Section 3: 5A.503(1) Section 4: 5A.504(1) Article VI 5A.601 5A.602 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. Remedies Cumulative 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. 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. 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 -18- 5A.603 5A.604 5A.605 5A. 606 5A.607 5A.608 5A.609 5A.610 5A.611 SECTION 2: dwelling unit which payment is for occupancy for a period during which the dwelling or dwelling unit is not licensed pursuant to this Chapter. No person, firm, corporation or licensee shall refuse or fail to allow the Building Official to enter a dwelling or dwelling unit for purposes of inspection when authorized by this Chapter. No person, firm, corporation or licensee shall fail or refuse to obey a Complaince 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 SA, Article II (§5A.201, et. seq.), normal wear and tear excepted. No person shall occupy an unlicensed dwelling or dwelling unit if such dwelling or dwelling unit is required to be licensed under this Chapter. No occupant of any rental dwelling or rental dwelling unit shall fail to allow or refuse entry to the Building Official for purposes of inspection when authorized by this Code. No person may occupy a dwelling or property posted pursuant §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 refuses to comply with any of the provisions of this Chapter is guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than seven hundred dollars ($700.00) or to imprisonment not to exceed ninety (90) days, or both, for each offense. Each day that a violation exists shall constitute a separate offense. Section 6.202(1) Ordinance No. 853, City Code of 1977, Passed June 21, 1977, amended by Ordinance No. 921, Passed October 15, 1980, and by Ordinance No. 1059, Passed October 12, 1983, which currently reads as follows, to-wit: The Uniform Housing Code, 1982 Edition, as amended, International Conference of Building Officials, is hereby adopted by reference to regulate housing construction and maintenance standards within the City. Every provision contained in said code is hereby adopted and made a part of this Code as if fully set forth herein, except as hereinafter provided. The short title of said Code shall be the Housing Code. Three (3) copies of said Housing Code shall be on -19- file and available for inspection at the office of the City Building Official. is herewith amended to read as follows, to-wit: The Uniform Housing Code, 1985 Edition, as amended, International Conference of Building Officials, is hereby adopted by reference to regulate housing construction and maintenance standards within the City. Every provision contained in said code is hereby adopted and made a part of this Code as if fully set forth herein, except as hereinafter provided. The short title of said Code shall be the Housing Code. Three (3) copies of said Housing Code shall be on file and available for inspection at the office of the City Building Official. SECTION 3: Section 5.606(1) of Ordinance 853, City Code of 1977, Passed June' 21, 1977, whictl reads as follows, to-wit: No person who owns a multiple dwelling shall allow to be occupied or let to another for occupancy any unit in a multiple dwelling, except hotels, without a license issued pursuant to the provisions of this section. For purposes of this section, "Multiple Dwelling" is herein defined as any building or structure containing three or more separate dwelling units, whether used solely or exclusively for residential purposes or otherwise. is hereafter amended to read as follows, to-wit: No person who owns a multiple dwelling shall allow to be occupied or let to another for occupancy any unit in a multiple dwelling, except hotels, motels, and any dwelling or dwelling unit required to be licensed under Chapter 5A, without a license issued pursuant to the provisions of this section. For purposes of this section, "Multiple Dwelling" is herein defined as any building or structure containing three or more separate dwelling units, whether used solely or exclusively for residential purposes or otherwise. SECTION 4: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: Au§u~t 28, 1989 Second reading: September ll, )989 Date of passage: September II, 1989 Offered by: Hadtrath Seconded by: Paulson Roll call: All ayes Anh~ Student, Counc~T1 Secretary -20-