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.
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(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.
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(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.
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- 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
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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.
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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.
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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.
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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,
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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
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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
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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
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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
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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
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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
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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
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