HomeMy WebLinkAboutOrdinance 1281./
ORDZNANCE NO. 1281
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853,
CITY CODE OF 1977, AS AMENDED PERTAINING TO THE
HOUSING MAINTENANCE CODE AND LICENSING RENTALUNITS
The City of Columbia Heights does ordain:
SECTION 1:
Chapter 5A of Ordinance No. 853, City Code of 1977,
as amended, which has been repealed by Ordinance
No. , shall hereafter read as follows, to
wit:
Chapter 5A
HOUSING MAINTENANCE CODE
Article I General Provisions
Section 1:
Statement of Purpose
5a.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:
To protect the character and stability of residential
areas within the city;
(b)
To correct and prevent housing conditions that adversely
affect or are likely to adversely affect the life,
safety, general welfare, and health;
(c)
To provide minimum standards for heating, for sanitary
equipment and for light and ventilation necessary to
protect the health and safety of occupants of building;
(d) To prevent the overcrowding of dwellings~
(e)
To provide minimum standards for the maintenance of
existing residential buildings and to thus prevent
substandard housing and blight;
(f)
To preserve the value of land and buildings throughout
the city.
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 without the
intervention of City government. In enacting this Code,
the Council does not intend to interfere or permit
interference with legal rights to personal privacy.
Section
Applicability
5A.102(1) This Code establishes minimum standards for maintaining
dwellings, accessory structures and premises. This Code
is intended to provide standards for housing. Applicable
requirements shall apply to all apartment units, homes,
accessory structures, rooming houses, lodging and/or
boarding houses and house trailers used or intended for
use for human habitation.
Section 3:
Definitions
5A.103(1) The following definitions shall apply in the
interpretation and enforcement of this Code, to-wit:
(a)
Accessory Structure. A structure subordinate to the main
or principal dwelling or dwellings which is not
authorized to be used for living or sleeping by human
occupants and which is located on or partially on the
premises.
(b)
Apartment Unit. Apartment, apartment unit, or dwelling
unit means a room or group of rooms located within a
building which form a single habitable unit with
facilities which are used or are intended to be used for
living, sleeping, cooking or eating.
(c)
Approved. An indication that an item meets construction,'
installation, and maintenance standards of the State of
Minnesota and of this Code.
(d)
Basement. Any floor level below the first story in a
building, except that floor level in a building having
only one floor level shall 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.
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(f)
(g)
(h)
(i)
(j)
(k)
(1)
(m)
(n)
(o)
(p)
{q)
Building Official. Agent designated by the City Manager
to enforce provisions of the Housing Maintenance Code.
Clean. The absence of rubbish, garbage, vermin or other
unsightly, offensive or extraneous matter.
Dwelling. A structure or portion thereof designed
exclusively for residential occupancy, including boarding
and lodging houses, but not including hotels and motels.
Dwelling Unit. Dwelling unit has the same meaning as
apartment unit (within this Code).
Exit. A continuous and unobstructed means of egress to
a public way and shall include intervening doors,
doorways, corridors, ramps, stairways, smoke-proof
enclosures, horizontal exits, exit passageways, exit
courts and yards.
Family. An individual, or two or more persons each
related by blood, marriage, adoption, or foster children,
living together as a single housekeepingunit; 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.
(r) Kitchen. A habitable room within a dwelling unit
intended to be used for the cooking of food or
preparation of meals.
(s) Occupant. Any person (including owner or operator)
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living, sleeping, cooking or eating within a dwelling
unit.
(t)
Owner. Any person, firm or corporation who, alone,
jointly, or severally with others, shall be in actual
possession of, or have charge, care control of any
dwelling, dwelling unit, or rooming unit within the City
as owner, employee or agent of the owner, or as trustee
or guardian of the estate or person of the title holder.
Also, any person, firm or corporation who has the right
to determine who occupies a rental structure (even though
that right may be subject to a lease or rental
agreement), or a person, firm, corporation wh° shall have
the power to rent or let premises to another for purposes
of this Code.
(u)
Person. Any individual, firm, partnership, association,
corporation, company or a joint venture or organization
of any kind.
(v)
Premises. A platted lot or part thereof or unplatted
parcel of land, and adjacent right-of-way either occupied
or unoccupied by an~ dwellino or structures.
(w)
Public Hall. A hall, corridor or a passageway for
providing egress from a dwellingunit 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 ~omes for the
aged.
(y)
Repair. Repair shall mean to restore to a sound,
acceptable state of operation, serviceability- or
appearance. Repairs shall be expected to last as long as
with the replacement by new items.
(z)
Rodent Harborage. A place where rodents commonly live,
nest, or establish their habitat.
(aa) Replace or Replacement. To remove an existing or portion
of a system and to construct or install a new item or a
quality similar to that of the existing item when it was
new. Replacement ordinarily takes place when repair of
the item is impractical.
(bb) Rooming Houses. Any group of rooms which form single
habitable units used or intended to be used for living
and sleeping, but not for cooking or eating purposes.
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(cc) Rubbish. Rubbish is defined in S5.605(2) (b) of this City
Code.
(dd) Safe. The condition of being free from danger and
hazards which may cause accidents or disease.
(es) 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.
(ff) Unsafe. As applied to a structure, a condition or a
combination of conditions which are dangerous or
hazardous to persons or property.
(gg) Unsanitary. Conditions which are dangerous or hazardous
to the health of persons.
(hh) Water Closet. A toilet, with a bowl and trap made in one
piece, which is connected to the City water and sewage
system or other approved water supply and sewer system.
5A.103(2) Whenever the words "dwelling," "dwelling unit,"
"premises," or "structure" are used in this Chapter, they
shall be construed as though they were followed by the
words"or any part thereof."
Article II
Minimum Standards
Section 1: Basic Equipment and Facilities
5A.201(1) No person shall occupy as an owner-occupant or let to'
another for occupancy any dwelling or dwelling unit for
the purposes of living, sleeping, cooking or eating
therein which does not comply with the following
requirements, to-wit:
(a)
Kitchen Sink. Each unit must contain a kitchen sink in
good working condition and properly connected to an
approved water supply system and which provides at all
times an adequate amount of heated and unheated running
water under pressure and which is properly connected to
the city sewage system.
(b)
Kitchen Storage. Each unit must contain a counter or
table for food preparation and must contain cabinets
and/or shelves for storage of eating, drinking and
cooking equipment and utensils and of food that does not
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(c)
(d)
(e)
(f)
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 adeguate 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 S6.201(1). Such room shall
have an entrance door which affords privacy. Said flush
water closet shall be equipped with easily cleanable
surfaces, shall be connected to an approved water system
that at all times provides an adequate amount of running
water under pressure to cause the water closet to be
properly functioning, and shall be connected to the City
sewer system.
Lavatory Sink. Every dwelling unit shall contain a
lavatory sink. Said lavatory sink may be in the same
room as the flush water closet, or, if located in another
room, the lavatory sink shall be located in close
proximity to the door leading directly into the room in
which said water closet is located. The lavatory sink
shall be in good working and functioning condition, shall
be properly connected to an approved water system, shall
provide at all times an adequate amount of heated and
unheated running water under pressure, and shall be
connected to the City sewer system.
Bathtub or Shower. Every dwelling unit shall contain a
nonhabitable room which is equipped with a bathtub or
shower in good working condition. Such room shall have
an entrance door which affords privacy. A bathtub or
shower shall be properly connected to an approved water
supply system, shall provide at all times an adequate
amount of heated and unheated water under pressure, and
shall be connected to the City sewer system.
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(g)
(h)
(i)
Stairways, Porches and Balconies. Every stairway or flight of stairs, whether inside or
outside of a dwelling, and every porch or balcony shall be kept in safe condition, sound
repair, and free of deterioration. Every stairwell and every flight of stairs which is four
risers or more high shall have handrails which conform to the standards set forth in
§6.201 (1). Every porch, balcony or deck which is more than thirty (30) inches high shall
have a guardrail located at least thirty-six (36) inches above the floor of the porch or
balcony. Every handrail and guardrail shall be firmly fastened and maintained in good
condition. No flight of stairs shall have settled out of its intended position or have pulled
away from the supporting or adjacent structures enough to cause a hazard. No flight of
stairs may have rotting, loose or deteriorating supports. The treads and risers of every
flight of stairs, except spiral or winding stairways, shall be essentially uniform in width
and height. Stairways shall be capable of supporting a live load or one hundred (100)
pounds per square foot of horizontal projection.
Access to Dwelling Unit. Access to or egress from each dwelling unit shall be provided
without passing through any other dwelling unit.
All buildings and/or maintenance improvements inspected pursuant to Chapter SA, the
Housing Maintenance Code, shall be judged and inspected in accordance with the
applicable Uniform Building Code and Uniform Fire Code, as follows:
(i)
Existing Installation. Buildings in existence at the time of the adoption of the
Code may have their use or occupancy continued, if such use or occupancy was
legal at the time of the adoption of the code, provided such continued use is not
dangerous to life.
(ii)
Maintenance. All buildings and structures, both existing and new, and all parts
thereof, shall be maintained in a safe and sanitary condition. Ail devices or
safeguards which are required by the Code shall be maintained in conformance
with the code edition under which installed.
(J)
All repairs, replacements or maintenance to the structure or dwelling unit shall be
installed or made so as to be compatible with the surrounding building materials and
general appearance of the existing area.
Section 2: Door and Window Locks
5A.202 (1)
No person shall occupy as an owner-occupant or let to another for occupancy any
dwelling or d.welling unit for the purpose of living, sleeping, cooking or eating
unless all exterior doors of the dwelling or dwelling urlit are equipped with llafe
and functioning door and window locks which comply with the following
requirements, to wit:
(a)
(c)
Section 3:
5A.203 (1)
(a)
Co)
When access to a dwelling unit door is gained through a common corridor or
entrance in a dwelling in which four (4) or more dwelling units share a common
entrance or corridor, an approved system of controlled access shall be maintained
for each multiple family building to control access. The security system shall
consist of locked building entrance or foyer doors, and locked doors leading fi.om
the hallways into individual dwelling units. Dead-latch type door locks shall be
provided with releasable lever knobs (or doorknobs) on the inside of building
entrance doors and with key cylinders on the outside of the building entrance
doors. Building entrance door-latches shall be of the type that are permanently
locked. An approved lock box with building entry key, boiler room key, laundry
and common area keys, all marked individually accessible to the Fire Department
must be provided for access to the building. The enumerated keys must be
present in the lock box at all times. A communication system or device such as an
intercom, telephone, audible bell or buzzer or other approved means or making
contact with the tenants must be provided.
Every door that provides ingress or egress for a dwelling unit within a multiple
family unit shall be equipped with an approved lock that has a dead locking bolt
that cannot be retracted by end pressure; provided, however, that such doors shall
be openable fi.om the inside without the use of a key or any special knowledge or
effort.
All ingress, egress and interior doors shall be kept flee of holes and/or punctures.
Light, Ventilation, and Electric
No person shall occupy as an owner-occupant or let to another for occupancy any
dwelling or dwelling unit for the purpose of living, sleeping, cooking, or eating
therein which does not comply with the following requirements, to wit:
Habitable Room Ventilation. Every habitable room shall have at least one
window facing directly outdoors which can be easily opened unless the room
contains, in lieu thereof, another device affording ventilation which has been
approved by the Building Official. The minimum total ofopenable 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.
Sleeping Room Egress. Sleeping rooms in buildings existing prior to this code
must have window or door openings for egress of no less than four (4) square feet
or the minimum size required by the Building Code in effect when the dwelling
was constructed. Space that is added on or converted to sleeping rooms must
meet the applicable codes at the time of conversion for habitable rooms and
provide a means of egress with openable area of no less than 5.7 square feet.
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(c)
(d)
Nonhabitable Room Ventilation. Every bathroom, water closet compartment,
laundry room, utility room, or other nonhabitable room shall contain a minimum
total of openable window area of no less than 1.5 square feet, except that no
windows shall be required if such moms are equipped with a functioning
ventilation system which is approved by the Building Official.
Electrical Service, Outlets, and Fixtures. Every dwelling unit and all public and
common areas shall be supplied with functioning electrical service, functioning
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 outlets
and fixtures shall be as follows:
¢)
A dwelling containing two or more units shall have at least the equivalent
or sixty (60) ampere, three-wire electric service per dwelling unit.
(ii)
Each dwelling unit shall have a 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 fi.action thereof of total floor area; provided, however, the
one ceiling or wall type light fixture may be substituted for one required
electric outlet.
(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. Xn
structures containing not more than two dwelling
units, conveniently located functioning light
switches controlling an adequate .functioning
lighting system which maybe turned on when needed
may be substituted for full-time lighting.
Section 4:
Minimum Thermal Standards
5A.20¢(1) No person shall occupy as an owner-occupant or let to
another for occupancy any dwelling or dwellingunit, for
the purpose of living, sleeping, cooking or eating
thereinunless such dwelling or dwelling unit shall have
heating facilities which are properly installed and
maintained in safe and functioning condition, which are
capable of safely heating all habitable rooms, bathrooms
and water closet compartments in every dwelling unit
located therein to a temperature of at least seventy (70)
degrees Fahrenheit at a distance of three (3) feet above
floor level and at three (3) feet from exterior walls,
and which shall comply with the following requirements,
to-wit:
(a)
Gas or electrical appliance designed primarily for
cooking or water heating purposes shall not be considered
as heating facilities within the meaning'of this section.
(b)
Portable heating equipment employing flame or the use of
liquid fuel shall not be considered as heating facilities
within the meaning of this section and is prohibited.
{c)
No owner or occupant shall install, operate or use a
space heater employing a flame that is not vented outside
the structure in an approved manner.
(c)
No owner shall supply portable electric heaters to comply
with this S5.204(1).
Section 5:
Foundation, Exterior Walls, and Roofs
5A.205(1) No person shall occupy as an owner-occupant or let to
another for occupancy any dwelling or dwelling unit for
the purpose of living, sleeping, eating or cooking
therein wh$ch does..not, comply .with the .following
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(a)
(b)
(c)
(d)
requirements, to-wit:
The foundation, exterior walls and exterior roof shall be
water tight and protected against vermin and rodents and
shall be kept in sound condition and repair. The
foundation element shall adequately support the building
at all points. Every exterior wall shall be free of
structural deterioration or any other condition which
might admit rain or dampness to the interior portion of
the walls or to the interior spaces of the dwelling. The
roof shall be tight and have no defects which admit rain
or roof drainage and shall be adequate to prevent rain
water from causing dampness in the walls. All exterior
surfaces, other than decay resistant materials, shall be
covered by paint or other protective covering or
treatment which protects the exterior surfaces from
elements and decay in a functioning manner. If 25% or
more of the total exterior surface of the pointing of any
brick, block or stone wall is loose or has fallen out,
the surface shall be protected as heretofore provided.
Windows, Doors and Screens. Every window, exterior door
and hatchway shall be tight and shall be kept in repair.
Every window other than fixed window shall be capable of
being easily opened and shall be equipped with screens
between May i 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.
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 bemaintained in a tight weatherproof condition and
may not be covered wholly or partially bytoxic paint or
materials with a lasting toxic effect. Every toilet room
and bathroom floor surface shall be capable of being
easily maintained in a clean state.
Rodent Proof. Each part of every dwelling shall be
rodent resistant. All openings in exterior walls,
foundations, basements, ground or first floors or roofs
which have an opening of ~" 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.
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(e)
Fence Maintenance. Ail 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. Ail equipment, utilities,
chimney and flue requiredunder City Code shall function
effectively in a safe, sound and working condition.
Section 6:
Maximum Density and Minimum Space for Rental Units
5A.206(1) No person shall rent or let to another for occupancy any
rental dwelling for the purpose of living, sleeping,
eating or cooking therein which does not comply with the
following requirements, to-wit:
(a)
Permissible Occupancy of Dwelling Unit. The maximum
permissible occupancy of any rental dwelling unit shall
be determined as follows:
(i)
For the first occupant, 150 square feet of
habitable 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.
5A.206(2) No person shall occupy as an owner-occupant or let to
another for occupancy any dwelling unit for occupancy by
more than one family, other than for temporary~uests.
Section 7:
Screening and Landscaping
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
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(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 divided 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.
(b)
(iii)
Mechanical Equipment. Heating, ventilation,
exhaust, air conditioning, and communication units
integral to and located on top beside, or adjacent
to a building.
(iv)
Retaining Wall. A wall or structure constructed of
stone, concrete, wood, or other materials, used to
retain soil, as a slope transition, or edge of a
plating area.
(v)
Screening. A barrier which blocks all views from
public roads and differing land uses to off-street
parking areas, loading areas, service and utility
areas, and mechanical equipment.
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 materials. 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
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(c)
(D)
three (3) to one (1).
(iii)
Maintenance. Any dead trees, shrubs, ground covers and sodding
shall be replaced in accordance with this code. All trees or other
vegetation which spring up in crevices by foundations must be
promptly removed to avoid structural damage.
(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.
(v)
Weeds. The maintenance and upkeep of all lawns and yards shall be
subject to Chapter 4, Article II, Section 3 of the Columbia Heights
City Code, which is incorporated herein by reference.
General Screening. All loading, service utility, mechanical equipment, and
outdoor storage areas, including dumpsters and refuse containers for
dwellings of three (3) or more units shall be screened from all public roads
and adjacent residential uses of property. All parking lots for dwellings of
three (3) or more units if the property on which the lot is located abuts a
differing land use and is not separated from the differing land use by a
public street, roadway or alley shall be screened from adjacent differing
land uses. Screening shall consist of any combination of the earth mounds,
walls, fences, shrubs, compact evergreen trees, or dense deciduous hedge
six (6) feet in height. Hedge materials must be at least three (3) feet in
height, and trees must be at least six (6) feet in height at planting. The
height and depth of the screening shall be consistent with the height and
size of the area for which screening is required. When natural materials,
such as trees or hedges, are used to meet the screening requirements of this
sub-section, density and species of planting shall be such to achieve
seventy-five (75) percent capacity year-round.
Other Parking Lot Screening. All parking lots for dwellings of three (3) or
more units which are not required to be screened pursuant to §5A.207 (1)
(c) must either provide screening pursuant to §5A.207 (1) (c) or provide a
minimum on one deciduous tree for every forty-five' (45) or portion thereof
of parking lot perimeter planted adjacent to the nearest roadway abutting
the property on which the parking lot is located.
(E)
(F)
(G)
Section 8:
5A.208 (1)
(A)
(B)
(c)
(D)
(E)
(F)
Fences. All fences and screening devices shall be built and regulated in
accordance with Chapter 6, .Article IV of the Columbia Heights City Code,
which is incorporated herein by reference.
Outside storage of articles, equipment, construction materials, items not
designed for exterior use, and miscellaneous items, including but not
limited to, lawn mowers and other lawn maintenance equipment shall not be
allowed. A weathertight, rodent-proof storage building or shed must be
constructed for storage of items not storable within the building.
Variances under §5A.207 shall be enforced and administered in accordance
with §5A.208 (2).
Exterior Parking, Pedestrian Walkways and Lighting.
No person shall occupy as an owner-occupant or let to another for
occupancy and dwelling or dwelling unit for the purposes of living,
sleeping, cooking or eating therein which is located on premises which does
not comply with the following requirements, to-wit:
Required off-street parking as defined in Section 9.116 (4) of the City Code.
Additionally, any building or structure in existence upon the effective date
of this Ordinance which does not currently comply with the parking
requirements of Section 9.116 (4), but does have the necessary space to
provide the required parking shall be required to expand the provided
parking in accordance with the Code by July 1, 1997.
The required parking space must have a minimum width of 9 feet and a
minimum length of 20 feet.
All required parking spaces must be surfaced with asphalt or concrete.
Curb guards and/or guardrails must be provided for parking spaces situated
above retaining walls.
An unobstructed path must be provided between parking areas and the
dwelling unit.
Lighting must be provided for parking areas and walkways between the
parking area and the dwelling unit in dwellings consisting of three (3) or
more units. Lighting must be available for parking areas and walkways
Between the parking area and the dwelling unit for dwellings of two (2) or
less units.
(G)
(H)
(i)
5^.208 (2)
Section 9:
5A.209 (1)
(A)
(B)
In dwellings of three (3) or more units, parking areas and pedestrian
walkways must have a minimum light of 1 foot candle, and the maximum
light at the boundary line of the premises may not exceed 3 foot candles.
Driveways leading to parking areas and/or access ways to buildings must be
maintained and kept in good repair. In cases of tenant parking areas all
parking stalls and driveways with access to tenant parking shall be hard
surfaced with asphalt or concrete by July 1, 1997.
Commercial Vehicles and Junk Cars. Commercial Vehicles and junk cars
shall be regulated in accordance with Chapter 7, Article II, Section 5 of the
Columbia Heights City Code, which is incorporated herein by reference.
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.
Fire Safety
No person shall occupy as an owner-occupant or let to another for
occupancy and dwelling or dwelling unit for the purposes of living,
sleeping, cooking or eating therein which does not comply with the
following requirements, to-wit:
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.
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
commerical source. Wiring shall be permanent and without a disconnecting
switch other than those required for overcurrent protection.
16
(c)
Section 10:
5A.210 (1)
Section 11:
5A.211 (1)
'5A.211 (2)
5A.211 (3)
$A.211 (4)
5A.211 (5)
No person, firm, or corporation shall tamper with any smoke detection device.
Any person, firm, or eorpor.ation proven to have tampered with any smoke
detection device shall be guilty of a petty misdemeanor, and upon conviction
thereof, shall be subject to a fine of not more than two hundred ($200.00) dollars.
Discontinuance of Service or Facilities.
No owner, operator or occupant shall cause any service, facility equipment or
utility which is required under this Ordinance to be removed from or shut off
from or discontinued for any occupied dwelling or dwelling unit except for
temporary interruptions as may be necessary while actual repairs or alterations
are made or during temporary emergencies.
Public Health and Safety
Rodent Harborages Prohibited in Occupied Areas. No occupant of a dwelling or
dwelling unit shall accumulate boxes, lumber, scrap metal, or any other similar
materials in such a manner that may provide a rodent harborage in or about any
dwelling or dwelling unit.
Rodent Harborages Prohibited in Public Areas. No owner of a dwelling
containing two or more dwelling units shall accumulate or permit the
accumulation of boxes, lumber, scrap metal or any other similar materials in such
a manner that may provide a rodent harborage in or about shared or public areas
of a dwelling or its premises.
Prevention of Food for Rodents. No owner or occupant of a dwelling or
dwelling unit shall store, place, or allow to accumulate any materials that may
serve as food for rodents in a site accessible to rodents.
Sanitary Maintenance of Fixtures and Facilities. Every occupant of a dwelling
unit shall keep all supplied fixtures and facilities therein in a clean and sanitary
condition and shall be responsible for the exercise of reasonable care in the
proper use and operation thereof.
Responsibility for Pest Extermination. Every occupant of a dwelling containing
a single dwelling unit shall be responsible for the extermination of vermin
infestations and/or rodents on the premises. Every occupant of a dwelling unit in
a dwelling containing more than one dwelling unit shall be responsible for such
extermination whenever his/her dwelling unit is the only one infested.
Notwithstanding, however, whenever infestation is caused by the failure of the
owner to maintain a dwelling in a reasonable rodent-proof or reasonable vermin-
17
proof condition, extermination shall be the responsibility of the owner.
Whenever infestation exists in two or more of the dwelling units in any
dwelling, or in the shared oi' public parts of any dwelling containing two or
more dwelling units, extermination thereof shall be the responsibility of the
owner. If the problem persists proof of professional extermination shall be
supplied to the inspections officer upon request.
$A.211 (6)
Garbage, Rubbish, and Recyclable Materials. Garbage, rubbish and
reeyelable materials shall be regulated in accordance with Chapter 8, Article
III of the Columbia Heights City Code, which is incorporated herein by
reference.
ARTICLE III Inspection and Enforcement
Section 1: Enforcement and Inspection Authority
5A.301 (1)
The City Manager and his/her designated agents shall be the Enforcement
Official who shall administer and enforce the provisions of the Ordinance.
Inspections shall be conducted during reasonable hours, and, upon request,
the Enforcement Official shall present evidence of his/her official capacity to
the owner, occupant or person in charge of a dwelling unit sought to be
inspected.
Section 2: Inspection Access
5A.302 (1)
If an owner, occupant or other person in charge of a dwelling, dwelling unit
or of a multiple dwelling fails or refuses to permit free access and entry to the
structure or premises, or any part thereof, for an inspection authorized by this
Ordinance, the Enforcement Official may, upon a showing that probable
cause exists for the inspection or for the issuance of an order directing
compliance with the inspection requirements of this section with respect to
such dwelling, dwelling unit or multiple dwelling, petition and obtain an
order to inspect and/or search warrant fi'om court of competent jurisdiction.
Section 3: Inspections
5A.303 (1) Each dwelling or multiple dwelling which is the subject of a rental license
shall be inspected at least once annually, subject to section 5A.303 (2).
5A.303 (2) Inspections on individual dwelling units shall be required for tenant
occupancy changes under the following conditions:
18
(A)
During each of the past two years that the owner or landlord has applied for
license renewal, they have failed to correct Housing Maintenance Code
violations on a timely basis, as evidenced by two written past due
Compliance Orders by the Inspections Department or Enforcement Officer of
the City of Columbia Heights; or
(B)
During the past year, two or more tenant complaints on single
family/duplex/triplex have been received or four or more tenant complaints
on a four-plex or other multiple dwelling have been received and
substantiated (Housing Maintenance Code violations were issued based on
the complaints). Multiple complaints arising out of the same maintenance
problem, which occur within a period of one week, shall be considered to be
one complaint for the purposes of this Section.
If any one of the above set forth conditions occur, the City Inspections Department will
notify the landlord, in writing, that the landlord will be hence forth required to have the
building inspected upon each tenant occupancy change. It will also be the responsibility of
the landlord to provide a list of current occupants and a 72 hour notification of a new tenant
move-in. The tenant occupancy change inspections shall occur for a period of one year
from the date of notification by the City Inspections department, however, that time shall
be extended if any of the above set forth conditions continue to exist.
Section 4: Compliance Order
5A.304 (1)
Whenever the Enforcement 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 of his/her agent or the occupant, as the case may
require. Such notice shall be deemed to be properly served upon such owner
or agent, or upon such occupant, ifa copy thereof is:
19
(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)
ss set out in this section, posted at a conspicuous
place in or about the dwelling which is affected by
the notice.
5A.304(2) Upon the correction of all Housing Maintenance Code
violations as set forth in the Compliance Order, the City
Inspections Department shall, upon request of the owner
or landlord, issue a written statement that all
violations have been corrected in accordance with the
Columbia Heights HousingMaintenance Code.
Section 5:
Posting to Prevent Occupancy
5A.305(1) The Enforcement Official may post any building or
structure covered by this Ordinance as being in direct
violation of the Ordnance preventing further occupancy.
Posting will occur if any owner, agent, licensee or other
responsible person has been notifiedbyinspection 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
~nforcement 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 beenposted to
prevent occupancy.
Section 6:
Right of Appeal
SA. 306 (1)
When a person to whom a Compliance Order is directed
alleges that such Compliance Order is based upon
erroneous interpretation of the Ordnance or upon a
misstatement or mistake of fact, such'person may appea!
as set forth in S6.202(1).
Section 7:
Board of Appeals
5A.307(1) Upon at least five (5) business days notice to the
2O
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. Ail hearing
notices shall be given in the same manner prescribed for
giving notice of Compliance Orders under SSA.303(1). Ail
appeals shall be conducted in accordance with Sec. 203,
Uniform Housing Code, 198S edition, International
Conference of Building Officials.
Article IV
Licensing
Section 1:
License Required
SA.401 (1)
No person, firm or corporation shall operate a rental
dwelling in the City without having first obtained a
license as hereinafter provided from the Building
Official. Each such license shall register annually with
the p,j~. 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 S6.202(1) may
be occupied provided that the unlicensedunits within the
apartment building do not create a hazard to the health
and safety of persons in occupied units.
Section 2:
License Procedures
$A.402(1) Within 180 days after the passage of Chapter SA, the
owner of any rental unit within the City shall apply to
the Building Official for a rental housing license in the
manner hereafter prescribed.
(a)
Application shall be made on forms provided by the City
and accompanied by the initial fee in an amount set by
resolution of the City Council. The owner of an
apartment building or rental home constructed after the
date of passage of this Ordinance shall obtain a license
prior to actual occupancy of any rental unit therein.
(b)
Applicants shall provide the following information on
license applications:
(i)
Name and address of owner of the rental dwelling
and the name and address of the operator or agent
actively managing said rental dwelling.
(iv)
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
21
(c)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
Dwelling.
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.
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.
The number of paved off-street parking spaces available.
Name and address of person to whom owner/applicant wishes a
certified letter to be sent for purposes of §5A.303 (1) (d).
All owners of rental dwellings shall provide telephone access
number(s) to be used in emergency situations, including emergency
maintenance and repair. This requirement shall be a condition
precedent to the issuance of any rental license.
Such other information as the administrative service shall require.
Said information may include, but is not limited to tenant lists which
include tenants name, unit, and identifying information (i.e. date of
birth, social security number, driver's license number).
Failure to complete, in full, the required license application shall be grounds
for denial of the license.
Section 3:
5A.403 (1)
Section 4:
5A.404 (1)
Application and Inspection
Upon receipt of a properly executed application for a rental housing license,
the City Manager shall cause an inspection to be made of the premises to
insure that the structure is in compliance with the requirement of the Code.
Issuance of Rental Housing License
If the rental dwelling is in compliance with the requirements of the Code, a
license shall be issued to the present owner, occupant or agent shall state that
the structure has been inspected and is in compliance with the requirements
of the Code. The present owner or any agent designated by the present owner
or occupant shall obtain a license. If the City finds that the circumstances of
22
5A.404 (2)
Section 5:
5^.405 (1)
Section 6:
5A.406 (1)
Section 7:
5^.407 (1)
(A)
(c)
occupancy following the issuance of the license involve possible Code
violations, substandard maintenance or abnormal wear and tear, the City may
again inspect the premises during the licensing period.
The City may by Council resolution establish a reinspection fee. If a
dwelling unit is not currently licensed, no license may be issued until all
outstanding reinspection fees shall have been paid. If a dwelling unit is
licensed, the license for such dwelling unit shall expire twenty (20) days after
the licensee or his agent is notified of the outstanding reinspection fees,
unless payment is made before the expiration of the twenty (20) day period.
License Display
A license issued under this Chapter shall be conspicuously displayed on the
rental premises wherever feasible. The licensee shall promptly produce the
license upon demand or a prospective tenant or the Building Official or
his/her authorized representative.
License Transfer
The license is transferable upon application to the Building Official and
payment of the license transfer fee by the prospective owner if the licensed
premises is in compliance with the Code. The license shall terminate if
renewal or application for transfer is not made within 30 days after transfer of
ownership of the dwelling unit. The amount of the transfer shall be set by
resolution of the Council.
License Renewal
All rental licenses shall be effective for a period of one year. However,
renewal of licenses, as required annually by this Code, may be made by:
Completing the renewal form furnished to the owner, operator, or agent of the
rental dwelling, by the City Inspections Department; and
Attendance by the landlord or property manager at three or more hours of
continuing education relevant to the operation or management of rental
property during the last year. The City Council shall set, by resolution, the
types of continuing education meeting this requirement; and
Mailing the renewal form together with proof of completion of three hours of
training and the required registration fee to the City Inspections Dept.; and
23
(D)
Successful completion of the annual Housing Maintenance Code inspection
as required by Section 5A.303 (1) of this Ordinance.
Such renewal shall only be effective upon successful completion of all the above set
forth requirements. Further, said renewal or registration may be made only when no
change in ownership, operation, agency or type of occupancy of the rental dwelling
has occurred in the last licensing year.
Section 8: Suspension or Revocation
5A.408 (1)
A license issued or renewed under this section may be revoked or suspended
upon a finding of noncompliance with the provisions of this Chapter.
Reinstatement of a suspended license shall be accompanied by an amount
equal to 50% of the license fee. Issuance of a new license after suspension or
revocation shall be made in the manner provided for obtaining an initial
license.
5A.408 (2) The Council may, for cause, revoke or suspend a license, or take other action
restricting the privileges of a license subject to the following requirements:
(A)
The City, through its enforcement officer shall provide the licensee with a
written statement of reasons or causes for the proposed Council action
together with a notice for public heating.
(B)
The council shall conduct a public heating on the proposed action and
provide findings of fact and citations to any ordinances or regulations that
have been violated, together with a statement of action taken and the
conditions of any resulting revocation suspension, or other action restricting
the privileges of the licensee.
(c)
The enforcement officer shall forward the findings and statement of action
taken to the person in whose name said license was issued by mailing the
same to the mailing address indicated on the license application.
5A.408 (3)
A violation of any provision of this chapter or of state law, prescribing
standards of conduct or regulations governing a licensee; the particular type
of business or commercial activity or trade or occupation that is licensed; or
the premises where the licensed activity is conducted; shall be a prima facle
showing of cause for revocation, suspension, or other action restricting the
privileges of a licensee as the council may determine.
24
5A.408 (4)
Section 9:
5A.409 (1)
Section 10:
5A.410 (1)
(A)
(B)
(c)
(D)
(E)
(F)
(G)
(H)
(I)
Nondisclosure, misrepresentation or misstatement of a material fact in any
application for a license under this chapter shall be a prima facie showing of
cause for revocation, suspension, or other such action restricting the
privileges of a licensee as the Council may determine.
License Fees
License fees, inspection fees, and reinspecfion fees shall be established by
Council resolution.
Conduct on Licensed Premises
It shall be the responsibility of the licensee to take appropriate action
following conduct by persons occupying the premises which is determined to
be disorderly, in violation of any of the following statutes or ordinances:
MN Stat. {}609.75 through 609.76, which prohibit gambling;
MN Stat. {}609.321 through 609.324 which prohibit prostitution and acts
relating thereto;
MN Stat. {}152.01 through 152.025, and {}152.027, subds. 1 and 2, which
prohibit the unlawful sale or possession of controlled substances;
MN Stat. {}340A.401, which prohibits the unlawful sale of alcoholic
beverages;
MN Stat. {}609.33, which prohibits owning, leasing, operating, managing,
maintaining, or conducting a disorderly house or inviting or attempting to
invite others to visit or remain in a disorderly house;
Section 10.312 of this code, which prohibits noisy assemblies;
MN Stat. §97B.021, 97B.045,609.66 through 609.67 and 624.712 through
624.716, and section 10.307 of this code, which prohibit the unlawful
possession, transportation, sale or use of a weapon; or
MN Stat. {}609.72, which prohibits disorderly conduct.
MN Stat. {}609.221 through 609.224, which prohibits assaults, including
domestic assault as defined in MN Stat. {}518B.01.
25
(J)
(K)
5A.410 (2)
5A.410 (3)
5A.410 (4)
5A.410 (5)
5.410(6)
Violation of laws relating to contributing to need for protection or services or
delinquency of a minor as defined in MN Stat. {}260.315.
Section 8.201 et al. Of this Ordinance which relates to animal noises and
public nuisances.
The Police Chief (Department) shall be responsible for enforcement and
administration of this section.
Upon determination by the Police Chief (DepartmenO that a licensed
premises was used in a disorderly manner, as described in section (1), the
Police Chief (Department) shall notify the licensee by mail of the violation
and direct the licensee to take steps to prevent further violations.
If another instance of disorderly use of the licensed premises occurs within
three (3) months of an incident for which a notice in subsection (3) was
given, the Police Chief(Department) shall notify the licensee by mail of the
violation and shall also require the licensee to submit a written report of the
actions taken, and proposed to be taken, by the licensee to prevent further
disorderly use of the premises. This written report shall be submitted to the
Police Chief(Department) within 5 days of receipt of the notice of disorderly
use of the premises and shall detail all actions taken by the licensee in
response to all notices of disorderly use of the premises within the preceding
three (3) months. If the licensee fails to comply with the requirements of this
subsection, the rental dwelling license for the premises may be denied,
revoked, suspended, or not renewed. An action to deny, revoke, suspend, or
not renew a license under this section shall be initiated by the City Council at
the request of the Police Chief (Department) in the manner described in
Sections 5A.408 (1) through 5A.408 (4).
If another instance of disorderly use of the licensed premises occurs within
three (3) months after any two (2) previous instances of disorderly use for
which notices were sent to the licensee pursuant to this section, the rental
dwelling license for the premises may be denied, revoked, suspended, or not
renewed. An action to deny, revoke, suspend, or not renew a license under
this section shall be initiated by the City Council at the request of the Police
Chief (Depaxtmen0 in the manner described in Sections 5A.408 (1) through
5A.408 (4). '
No adverse license action shall be imposed where the instance or disorderly
use of a licensed premises occurred during the pendency of eviction
proceedings
26
(unlawful detainer) or within thirty (30) days of notice
given by the licensee to a tenant to vacate the premises,
where the disorderly use was related to conduct by that
tenant or by other occupants or guests of the tenant's
unit. Eviction proceedings shall not bsa bar to adverse
license action, however, unless they are diligently
pursued by the licensee. Further, an action to deny,
revoke, suspend, or not renew a license based upon
violations of this section may be postponed or
discontinued at any time if it appears that the licensee
has taken appropriate measures which will prevent further
instances of disorderly use.
5A.410(7) A determination that the licensed premises has been used
in a disorderly manner as described in subsection (1)
shall be made upon substantial evidence to support such
a determination. It shall not be necessary that criminal
charges be brought to support a determination of
disorderly use, nor shall the fact of dismissal or
acquittal of criminal charges operate as a bar to adverse
license action under this section.
Article V Remedies'
Section 1:
Hazardous Building Declaration
5A.501(1) In the event that a dwelling has been declared unfit for
human habitation and the owner has not remedied the
effects within a prescribed reasonable time, the dwelling
may be declared a hazardous building and treated in
accordance with the provisions of Minnesota Statutes.
Section 2:
Secure Unfit and Vacated Dwellings
5A.502(1) The owner of any dwelling or dwelling unit which has been
declaredunfit for human habitation or which is otherwise
vacant for a period of' 60 days or more shall make the
same safe and secure so that it is not hazardous to the
health, safety and welfare of the public and does not
constitute a public nuisance. Any vacant dwelling open
at the doors, windows or other wall openings, if
unguarded, shall be deemed to be a hazard to the health,
safety and welfare of the public and shall constitute a
public nuisance within the meaning of this Code.
Section
Failure to Comply
5A.503(1) 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,
27
after due notice to the owner, may by resolution declare
the condition to constitute a public nuisance and cause
the cited deficiency to be remedied as set forth in the
Compliance Order. The cost of such remedy shall be a
lien against the subject real estate and may be levied
and collected as a special assessment in accordance with
Minnesota Statutes Chapter 429, for abatement of
nuisances and specifically for the removal or elimination
of public health or safety hazards from private property.
Any assessment levied thereunder shall be payable in a
single installment. The intent of this section is to
authorize the City to utilize all of the provisions of
this Code and of Minnesota law to protect the public's
health, safety and general welfare.
Section 4:
Remedies CUmulative
5A.504(1) Any remedies pursued under this §5.501 to 5A.503,
inclusive, are in addition to the remedies or penalties
prescribed under §5A.601 to 5A.611, inclusive.
Article VI Penalties
5A.601
No person, firm, corporation, or licensee shall own and
maintain or operate or rent to any other person for
occupancy any rental dwelling, rental dwelling unit, or
premises in which a rental dwelling unit is located in
violation of Chapter 5A, Article II (§5A.201, et. seq.),
maintenance standard.
5A.602
No person, firm or corporation shall operate a rental
dwelling or dwelling unit without a license issued
pursuant to this Chapter or accept rental payments from
a tenant of any unlicensed dwelling or dwelling unit
which payment is for occupancy for a period during Which
the dwelling or dwelling unit is not license pursuant to
this Chapter.
5A.603
No person, firm, corporation or licensee shall refuse or
fail to allow the Building Official to enter a dwelling
or dwelling unit for purposes of inspection when
authorized by this Chapter.
5A.604
No person, firm, corporation or licensee shall fail or
refuse to obey a Compliance Order validly issued under
this Code.
5A.605
NO person, firm or corporation shall give or submit false
information on a license application or any renewal
thereof.
5A.606 No person who is an occupant of a rental dwelling or
28
rental dwelling unit shall cause a rental dwelling,
rental dwelling unit or the premises on which a rental
dwelling unit is located to become in violation of any of
the maintenance standards set forth in Chapter 5A,
Article II (~5A.201, et. seq.), normal wear and tear
excepted.
5A.607
No person shall occupy an unlicensed dwelling or dwelling
unit if such dwelling unit is required to be licensed
under this Chapter.
5A.608
No occupant of any rental dwelling or rental dwelling
unit shall fail to allow or refuse entry to the Building
Official for purposes of inspection when authorized by
this Code.
5A.609
No person may occupy a dwelling or property posted
pursuant to §5A.304.
5A.610
No person, firm or corporation, including an owner,
licensee or occupant, shall remove or tamper with a
placard used for posting property pursuant to this
Chapter.
5A.611
Any person, firm or corooration who violates or refused
to comPlY with any of the provisions of this Chapter is
auiltv of a misdemeanor, unless herein specifically
noted. UPon conviction of said misdemeanor they shall be
subject t~ a fine of not more than seven hundred dollars
($700.00) or to imprisonment not to exceed ninety (90)
days, or both, for each offense. Each day that a
violation exists shall constitute a separate offense.
SECTION 2:
This ordinance shall be in full force and effect
from and after thirty (30) days after its passage.
First Reading:
Second Reading:
Date of Passage:
December 1~, 1~
February 28, 1~4
February 28, 1994
Offered by:
Seconded by:
Roll Call:
Ruettimann
Peterson
All ayes
~/ose~'Sturdevant, Sr., Mayor
/~/'
-Anne Student, Council Secretary 29