HomeMy WebLinkAboutOrdinance 1275ORDINANCE NO. 1275
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853,
CITY CODE OF 1977, AS AMENDED, PERTAINING TO
THE HOUSING MAINTENANCE CODE
The City of Columbia Heights does ordain:
Section 1: Chapter 5A, Article III, Section 3, of Ordinance
No. 853, City Code of 1977, as amended, which currently reads
as follows, to wit:
Section 3:
COMPLIANCE ORDER
5A.303(1) Whenever the Building Official determines that any
dwelling, dwelling unit or 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)
(b)
(c)
(d)
Be in writing;
Describe the location and nature of the violations of
this code;
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
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)
(ii)
(iii)
Served upon him/her personally,
Sent by certified mail return receipt
requested to his/her last known address, or
Upon failure to effect notice through (i) and
(ii) as set out in this section, posted at a
conspicuous place in or about the dwelling
which is affected by the notice.
is herewith amended to read,
Section 3:
COMPLIANCE ORDER
5A.303(1) Whenever the Building Official determines that any
dwelling, dwelling unit or premi e urroundin any of
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;
(d)
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 of appeal; and
Be served upon the owner or his/her agent, as the case
may require and upon the tenant(s) of the affected
dwelling or dwelling units. Such notice shall be deemed
to be properly served upon such owner or agent, 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 dwelling
which is affected by the notice.
SECTION 2: Chapter SA, Article III, Section 4, of Ordinance
No. 853, City Code of 1977, as amended, which currently reads
as follows, to wit:
Section 4:
Posting to Prevent Occupancy
§A.304(1) 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 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 s~ll vacate posted
property immediately if such occupancy w~11 cause imminent
danger to the health or safety of the occupants. No person,
other thanthe Building Official or his representative, shall
remove or tamper with any placard used for posting. No person
shall reside in, occupy or cause robe occupied any building,
structure or dwe11ing which has been pos%ed %o p~even%
occupancy.
is herewith amended to read,
Section 4:
Posting to Prevent Occupancy
5A.304(1) 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 inspection report, of
the items which mUst be corrected within a certain stated
period of time, and that the corrections have not been made.
Upon the posting of any dwelling or dwelling unit(s), the
tenant'or occupant of said dwelling or dwelling unit(s),sha11
be given notice .of the posting. 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.
SECTION 3: Chapter SA, Article 4, Section 8 of Ordinance No.
853, as amended, which currently reads as follows, to wit:
Section
Suspension or Revocation
5A.408(1) A license issued or renewed under this section may
be revoked or suspended upon a finding of non-compliance with
the provisions of this Chapter.
Reinstatement of a suspended license shall be accompanied by
an amount 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.
is herewith amended to read:
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 non-compliance 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 bethose prescribed in Chapter
5 of the City Code,. additionally however, a Statement of Cause
and a Notice of Public Hearing shall also be served upon each
tenant or occupant of the affected dwelling or dwelling
unit(s). At said public hearing the tenant(s) or occupants
Shall be given an opportunity to be heard by the City Council.
SECTION 4: 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=
July 25, 1994
August 8, 1994
August 8, 1994
Offered by: Ruettimann
Seconded by: Peterson
Roll call: All ayes J~7~ ~J~'~
ayor~6~e~h ~urdevant
~o-A~ne Student, ~ncil Secretary