HomeMy WebLinkAboutFebruary 7, 1994 Work SessionMeetins of:
Notice is hereby given that an official meeting
is to be hdd i~ tim
City of Columbia Heish~
as follow~
CITY OF COLUHBIA HEIGHTS CITY COUNCIL -- WORK SESSION
Date of Meetia&:
FEBRUARY 7, 199q
TEac of Meeti~;
8P.H.
Location of M~-ting: CITY CONFERENCE ROOH
PnrposcofMeetin~
AGENDA:
WORK SESSION
1. ACCAP Real Estate Tax Request
2. LaBelle Pond Bids
3. LaBelle Eastbank Project
Water System Study RFP~s
'5. Sheffield Redevelopment Plan
6. Legal Services
7. Other Work Session Dates (Saturday for Board/Commls~ion
vacancy interviews and meeting with Rep. 5imoneau,
Novak)
8. Housing Halntenance Code Amendments
9. Adjournment
Sen.
The City of Columbia Heights does not discriminate on the basis of disability in the admission
or access to, or treatment or employment in, its services, programs, or activities, Upon request,
accommodation will be provided to allow individuals with disabilities to participate in aH City
of Columbia Heights' services, programs, and activities, Auxiliary aids for handicapped
persons are available upon request when the request is made at least 96 hours in advance.
Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements.
(TDD/782-2806 for deaf only)
(~ITy OF COL~IA HI!IGI-ITS
TO:
FROM:
DATE;
RE:
Mayor/City Council
City Manager, Pat Hentges
February 4, 1994
Comments on Executive Session and Work Session on
February 7, 1994
1. EXECUTIVE SESSION
I request that the City Council meet in Executive Session at 7 P.M. on Monday, February 7th, 1994,
for the explicit purposes of discussing the JUDICARE lawsuit. We are scheduled for initial heariag
on February 11, 1994.
2. REAL ESTATE TAX REOUEST
You previously received a packet on the ACCAP real estate tax request for cooperative housing
designation or the possibility of payment in lieu of taxes. Please review the previous information that
I supplied to you on this matter.
3. LA BELLE POND BIDS
Be advised that we held a bid party and no one showed. Mark Winson will be available to discuss the
implications and alternatives.
4. LA BELLE EASTBANK PROJECT
Enclosed please find information updating the LaBoIIo Eastbank Project status.
5. WATER SYSTEM STUDY RFP'S
You previously received the three proposals for the water system study. I request that you familiarize
yourself with the proposals and bring your copies to the meeting.
6. SHEFFIELD REDEVELOPMENT PLAN
I was hoping that the City Council could provide some general direction on the adoption of the
Sheffield Redevelopment Plan. My thought is that the plan could be adopted on the February 14th
meeting after such time the alternatives are further pared down. At that time, city staff would send
out the plans in the form of a RFP to various development firms, and at the same time, begin finalizing
the financing or preparing project proposals for those alternatives that are proposed for city
implementation.
As a side, MHFA has notified the HRA that we were not funded for the grant. The only metropolitan
cities funded were Minneapolis, St. Paul, Bloomington, and Richfield. It appears that the uncertainty
of our plan at this point in time influenced the award. Our discussions with an MHFA staff member
revealed that our plan did rank high with him in terms of the leveraging of local dollars and genuine
need. The staff will continue to identify outside discretionary grant opportunities, but it is important
that we identify with preferred project alternative or alternatives, it might be helpful at the work
session for the City Council to individually rank the alternatives in terms of personal preference, or
at the very least, throw out those alternatives that may not be acceptable because of costs or impact.
?. LEGAL SERVICES
Attached please find a proposed RFP on legal services, a memorandum on alternatives, and other
background information.
8. OTHER WORK SE.~ION DATES
I request that the City Council consider a Saturday morning work session to interview Board and
Commission vacancies or reappointments and for a meeting with Representative Simoneau and Senator
Novak. Two possible Saturday morning dates as alternatives would be helpful. Additionally, I am
suggesting that we establish a list of March and possibly April work session dates. I'm afraid that I will
need a couple of extra meeting nights beyond the regular Monday work sessions in order to keep up
with the back log of business.
9. HOUSING MAINTENANCE CODE AMENDMENTS
Enclosed please find copy of the revisions for the Housing Maintenance Code. I have sent this out to
the attendees at the meeting. I am suggesting that the item be scheduled for adoption on the February
28th meeting. I suggest that if we need another work session to review this item, the formal
consideration be delayed until the regular City Council meeting of March 14th. The only outstanding
points yet to be hashed out are the continuing education requirement, suggestion that an administrative
variance provision be included, and the request for tenant information. The latter two items have not
been included in the ordinance, and the continuing education item needs further definition of eligible
training that meets the intent of the ordinance.
cb
CITY OF COLUMBIA HEIGHTS
Public Works I~pm'tm~nt
TO:
FROM:
SUB~JECT:
DATE:
PATRICK HENTGES
CITY MANAGER
MARK A. WINSON
PUBLIC WORKS DEPARTMENT
LABELLE EAST BANK EROSION CONTROL PRO~ECT (9103)
FEBRUARY 4, 1994
The City Council has set a Public Hearing on the proposed project to control erosion on the
LaBelle East Bank. The purpose of the meeting will be to solicit the comments of thc owners
and residents of thc properties on Circle Ten'acc that back up to LaBcllc Park with regard to thc
need for the project and assessments for part of the project cost.
Attached are copies of a memo on this project and a summary of the neighborhood meeting that
was held. These items had previously been submitted to the Council.
Since the last work session on this subject, staff has contacted an appraiser to determine a
feasible, defensible assessment on the properties. Malcolm Watson of Watson Appraisal Service
felt that the properties could withstand an assessment of 5% of the property value. Attached is
a summary of the most recently available property values fi'om Anoka County, recent sales values
and the amount of money a 5% of the property value would generate. Based on our discussions
with thc affected property owncrs, there is very little support for any assessments.
Staff has also contacted the National Guard regarding construction assistance in order to lower
the cost. When originally contacted, the Guard was in the midst of discussion on whether to get
involved in local projects. They have recently informed staff that they will consider projects.
Staff is preparing an application, but based on the discussion with the Guard, this project has a
low probability of being approved for assistance.
MAW:ih
94-081
Attachment
CITY OF COLUMBIA HEIGHTS
Public Wod~ Department
TO:
FROM:
SUBJECT:
DATE:
PATRICK ttEN'I13ES
CITY MANAGER
MARK A. WINSON
PUBLIC WORKS DIRECI'OR/CrrY
ENGINEER
LABELI~ POND RESTORATION AND LAB~
EAST BANK EROSION (9103) PROJECTS
DECEMBER 8, 1993
This memo is to update the progress being made on these two projects and to xcquest some time
at a work session to discuss these projects with the City Council.
Pond R~storafion
Staff hns met several times with the consultant, HN'rB. Plans and
and will be ready within the next two weeks.
The consultant has contacted the DNR, Corps of
Department. Through these contacts, it has
excavation (dredging) can be done under
Environmental Assessment Wodadu~t
interested State and Federal agencies.
Excavation in excess of three acres
who have expressed the
and thc U.S. Fish and WHdHFC
that one acre of hydraulic
Corp permit without providing an
~ wotlld l'eqllire rrdnimnl review ~ for the
' a separate permit from the Corps of E~.~rs
· ' approval would be ~t to obtain in this ciro~m~.
In order to construct the strucUnT, s and gct a start on the dredging of thc pond, staff suggests
that thc on excavating a one acze area concun'ent with an application to
excavate a total ofac~es. If approval for the three acm application is rcccived in a timely
fashion, the work could be added to the contract. If not, thc additional two acres
would be thc winter of 1994-95.
In maintain a time lhie, staff would like to x~'ive authorization to advcrtisc for bids at
the 27, 1993 Council b~ting. I would appreciate the opportunity to discuss this
project with the Council prior to that mccting.
Meranmna-m to Patrick I-Ientges
December 8, 1993
Page 2
LaBelle East Bank Ermion Control Project
On November 9, 1993, a public informs~ion m~tiag was held on the crosion conu'ol project.
Both the propcrty owners and rentcrs along the top ed~ of the bank wcre infcmmi by mail of
the meeting. The meeting was attended by seven people. A summary of the meeting is almched.
The general feeling of those ,-,~llng was that the crosion sho, ld bc controlled but that the
property owners should not be asked to pick up any ~f the costs. Due to the po~r turnout, it may
be appropriate to mail out a questionnaire to the ~ owners. The si _tcrnative may be to
determine a reasonable assessment fro' the project and have a Public I4_ea~g.
In order to utilize all the funds awarded by the Anoka County Soil Conservation District for this
project, a contract needs to be in place by ~'une 1, 1994, for the first phase of this project.
Staff feels that we need ~ discuss how to proceed with thc Council before mklrlg further action.
MAW
93-794
Anachn~_-ut
SUMMARY OF PUBLIC INFORMATION I~iF-TING
FOR LAB~L~ PARK EAST BANK EROSION CONTROL
WITH PROPERTY OWNERS AND RESIDEN'I~
November 9, 1993
7:00 P_M.
John P. Murzyn Hall, Mathai~-McK~nna Rooms
Four property owners (2 owner-occupied and 2 absentee owners) and three residents (renters)
were at the meeting. Seventeen ~ owners and 25 residents wcx~ informed of the meeting
by mail. Columbia Heights was represented by Mark Win:mn, Public Works Director/City
Engineer, and Kathy Young, Assistant City Engineer.
PROJECT PRESENTATION BY MARK WINSON
Proposed Construction
Soil erosion f~m the bank has been going on for. many years ami will continue in the futura.
Thc result is that thc top of thc slope is encroaching more and more on private property and thc
pond is being filled with silt. This is of some concern for both the City and those property
owners who have garages, utility sheds and psridng areas near the top of the slope.
Thc Engineering Department staff first designed a retaining wall extending from 1207-09 to
1337-39 Circle Terrace. The cost est/maR to construct a r~ining wall was $485,000. The City
Council and staff felt this was too expensive and researched other options.
A more feasible approach to solving thc soil erosion problem is:
Selective cutting of trees and clearing of underbrush.
Filling slopes with steeper than 1:1 grade.
Placing a flexible polymeric mat in natural drainage swales.
Placing a 100% coconut fiber mat on the x,xmaindcr of the slope.
Planting a low-maintenance shade-tolerant seed mixture.
This work is proposed from 12074)9 through 1331-33 Circle Tema:e. The majodty of the steep
slope is on private property at 1337-39 and 1343-45 Circle Ten'ace. These pmtmn~ owners have
addressed the slope erosion problem by ins~,nlng concrete rip rap. The slope is also o~ priva~
prolmW at 1349-51 and 1355-57 Circle Terrace. However, the slope is not as seve~ on these
properties.
The cost estimate for this alternative is $269,000.
Public Information Meeting
November 9, 1993
Pase 2
Comments by Alzendees
Responses by Mr. W'm~n
All of those in !~evd~,~ce felt the erosion
control mai was an appropria~ solution.
Ther~ was some concern with foot u'affic
disuniting the mat.
The Public Works employees would
maintain thc mat as needed.
e
One property owner would like m have nx~'c
lights inmlled on slope ro reduce congregating.
Additional lights ar~ not pan
of figs project bu~ could be
looked al in the fume,
All of those in auendance fek the concrct~
riprap at 1343-45 Circle Terrnce looked t~ible.
Thc riprap is on private tn'opcny
and s~--ms to have solved thc
problem at this locagon.
The Ia'operty owner at 1337-39 Circle Tcnacc
said the riprap on his property was overflow
from 1343-45. The owner ai 1337-39 Chule
Tm'race may want to be included with
prujec~
Including this property may be
possible.
Financing
Thc City of Columbia Heights has been awarded a grant by the Anoka County Soil Conservation
District for 50% of the project cost. The remaining 50% will be paid for by the City and
~ oWnCl"S.
Thc grant does have a limit of $30,000 per year. Thc project will' need to be constructed in
stages over five years, be~nning in 1994. (The City will have grant money for 3 of the 5 years
avnilnble in July of 1994.) All construction could be completed by the end of 1996.
Thc assessment could be based on cost per foot or equal share per property. If httm' method is
used, the cost would be appro~mntely $5,000 per property, providing thc City pays 50%. This
assessment could be spread over at least 10 years.
Public Information Meeting
November 9, 1993
Page 3
Comments by Attendees
Responses by Mr. W'mson
The property owners felt this was too much
added expense. The City is mo~ than 50%
responsible because they allowed the houses
built there in the first place.
Thc property owners have inherited a
problem that needs to be addressed.
Thc Council feels it may be
appropriate to assess part of thc
project.
Money spent on park should have been spent
on slope.
The park has served a neighborhood
need and is heavily used.
Property owner at 1231-33 Circle Terrace has
spent a lot of time and money filling the
back. This property doesn't have a problem.
Conclusions
A questionnaire could be sent to those property owners who didn't attend.
The information from this meeting and the questionnaire will be provided to the City Council
If the Council decides to proceed with the project, a hearing will be held in January or February.
All property owners and renters will be advised of the hearing by msil.
jb
93-759
18-Jan-94
ADDRESS ON 5% OF TOTAL
CIRCLE TERR. 1993 ANOKA CO. VALUES FOR DUPLEXES VALUE SALE OF PROPERTY
LAND VALUE BLDG VALUE TOTAL VALUE SALE AMT SALE DATE
1207-09 $20,700 $56,500 $77,200 $3,860
1215-17 $20,700 $57,300 $78,000 $3,900
1221-23 $20,700 $56,400 $77,100 $3,855 $89,500 1/83
1231-33 $20,700 $63,900 $84,600 $4,230
1241-43 $20,700 $63,400 $84,100 $4,205 $105,000 4/89
1251-53 $20,700 $63,100 $83,800 $4,190
1251-63 $20,700 $56,700 $77,400 $3,870
1301-03 $19,700 $56,200 $75,900 $3,795
1307-09 $19,700 $56,300 $76,(XX) $3,800
1313-15 $19,700 $57,500 $77,200 $3,860
1319-21 $19,700 $60,900 $80,600 $4,030
1325 - 27 $19,700 $56,1 O0 $75,800 $3,790 $93,500 9/90
1331-33 $19,700 $61,100 · $80,800 $4,040 $85,000 3/85
1337-39 $19,700 $60,500 $80,200 $4 - $100,000 12/63
1308 - 10 $19,700 $56,300 $76,000, $3,800 $75,000 5/90
ENGINEER SUPPORT
Use of National Guard resources (personnel and equipment) to assist the civilian domain.
program must clearly benefit the disadvantaged or a wide spectrum of the community in
alleviating social and/or economic problems. An example would be an engineer unit
upgrading a community play~ound.
Participation is not authorized when it may directly or indirectly benefit any of the following:
*a private group or individual
*a private corporation (profit/nonprofit)
*a religious sect
*a fraternal organization
*a q,,ani-religious or ideolo~cal movement
*a political party
*a commercial venture
*be associated with solicitation of votes in political elections
The organization requesting engineer support must furnish the following:
*Detailed letter of request to the unit
*100% of fuel must be furnished
*Non-Conflict of interest a~eement from 3 community businesses
*Releas~ of liability statement (Project Sponsor and/or Owner of Land)
*Insurance Document
*Environmental Impact Statement
*Project Plans
Support dependent upon availability or resources and cannot detract from the unit's mission
training requirements.
For more information on
Guard cc~tact:
Major Joe Kelly
612-282-4012
requesting
engineer support from the Minnesota National
Office of the ~Ajutant General
State of Minnesota
AT, N: ~AG-DPT-MS
20 West 12th Street
St. Paul, MN 55155-2098
CITY OF COLUMBIA HEIGHTS
TO:
FROM:
DATE:
RE:
Mayor/City Council
City Manager, Pat Hentges
February 4, 1994
Legal Services Contract
Over the past few weeks, I have investigated various alternatives for legal services. Including contract
arrangements with a firm or multiple firms, County Attorney prosecution, and in-house legal staff.
I met with County Attorney, Bob Johnson, and he expresses reservations about providing prosecution
services for the City. He emphasized that the size of his staff and distance from Columbia Heights
perhaps would be a disadvantage in maintaining a good, long term relationship. Additionally, he
emphasized that County Attorney probably could not provide Columbia Heights any significant savings
in legal costs by contracting with the county. Based upon Columbia Heights' case volume, he felt that
one full time attorney plus support staff would be necessary to accommodate the work load, and two
additional attorneys would have to be pooled into the mix, to accommodate scheduling and follow
up/response time. Mr. Johnson indicated that he was familiar with the current city attorney's
organizational approach to prosecution and discussed the same with Anoka County court. Overall, he
gave Woods' firm high marks on efficiency and competence. Mr. Johnson openly offered to meet with
the City Council to provide advice or insight into alternatives.
I have prepared for your review, a Request for Proposals for both general legal representation and city
prosecution services. The proposal allows firms to submit on an either/or basis and request both a flat
retainer and per hour fee rate. In any event, litigation would be on an hourly basis or pre-negotiated
arrangement on a case by case basis.
I have been thinking about how to go about advertising the RFP for legal services. My general
inclination is to advertise in the Focus, and the publications of the various bar associations. However,
the publication time frame may slow our response deadlines. Word of mouth and the Focus news
article have already generated a fair amount of interest. Perhaps a direct mailing to those who have
expressed an interest, plus Columbia Heights' firms may suffice. Nothing prevents us for inviting
firms to submit proposals.
With regards to in-house prosecution or general counsel representation, I have not finalized my
investigation. Though it has been easy to obtain information on budgets and general legal costs, it has
been more difficult to translate or compare the legal work load in one city to the potential volume of
work in Columbia Heights. This is necessary to determine the size and capabilities of the staff.
The volume of cases and scheduling difficulties probably prevent the City from having an efficient
in-house system for only City prosecution. In other words, we would need at least two prosecuting
attorneys and a paralegal plus overhead, to accommodate our volume of prosecution. This staffing
level is more a product of scheduling conflicts than work load. Thus, the cost to undertake this would
likely be in excess of $100,000-$115,000 annually we had spent on outside prosecution.
Accordingly, in order to provide an economy of scale, the in-house staff would have to take on the
additional general legal activity. The budget for an in-house staff would include at a minimum the
following costs:
START UP COSTS:
1. Start up costs -- office space $15,000.
2. Desks/computers $17,500.
3. Basic legal publications/library $ 7,000.
4. Legal software $ 20,000.
Total start up costs: $ 59,500.
ONGOING COSTS:
Senior Managing Attorney/Salary/Benefits
Junior Attorney Salary/Benefits
Paralegal Salary/Benefits
Supplies
Other Charges
Outside legal
Total legal costs:
$ 69,000.
$ 45,000.
$ 32,000.
$ 6,5O0.
$ 31,700.
$ 20,000,
$204,200.
Further discussions with Coon Rapids and Minnetonka will give me a better handle on the capabilities
of the staff and the ability of two attorneys to handle most of the legal activity at the City. I have not
fully investigated the possibility to pool a legal staff with other communities, except that Hilltop and
Fridley would not be options and New Brighton or St. Anthony in Ramsey county. Additionally, there
may be some combination whereby a private firm would serve as corporate counsel and have some
responsibility of overseeing a paralegal, or attorney combination.
In the meantime, I recommend that the Request for Proposals be distributed and these discussions be
further explored by City staff and during the interview/negotiation process. Further I am discussing
with Greg Woods alternatives to the March 31st transition period.
CITY OF COLUMBIA HEIGHTS
REQUEST FOR PROPOSAL
LEGAL SERVICES
The City of Columbia Heights is requesting proposals for General Legal Representation Services and
City Prosecution Services. The firm requesting consideration should have the resources to ensure that
the demands of the City's legal needs will be met on a timely basis and be experienced in the area of
municipal law. Representation will officially commence on or about April 1, 1994. The term of the
appointment will be subject to ongoing review and evaluatio~
Proposals received may be for either. (1) General Legal Representation Services and/or
(2) City Prosecution Services
Included within this request are:
Part A - General Legal Representation Services--Scope of Services
Part B - City Prosecution Services--Scope of Services
Part C - Outline for Proposal Content
Part D - Information on Proposal Evaluation and Award.
Questions regarding this request should be directed to Patrick Hentges, City Manager, phone (612)
782-2810. AH firms or individuals responding to thi.~ request must do so in the form of a written
proposaL Seven (7) copies of the proposal should be submitted no later than 4.'00 P.M., March 3,
1994, to:
Patrick Hentges, City Manager
590 40th Avenue N.F~
Columbia Heights, MN 55421
PART A - GENERAL LEGAL REPRESENTATION
Scope of Services. The services required for General Legal Representation include, but are not
limited to, the following:
1. Attendance at all regular city council meetings (approximately 24 per year, 4 hours in
length) and if requested, other city or committee meetings
2. Attendance at all monthly Planning and Zoning Commission meetings (12 per year,
approximately 2 hours in length) and if requested, quarterly Charter Commission
meetings, if requested
3. Drafting ordinances, resolutions, and correspondence as requested
4. Meeting with and advising the city council, city manager, department managers, and
other designated individuals on general legal matters
5. Reviewing or draftings as requested municipal contracts, joint powers agreements, and
purchase of equipment documents
6. Representing the City at eminent domain proceedings
7. Researching and submitting legal opinions on municipal or other legal matters
8. Defending the City in all litigation, if requested, except in those cases where insurance
companies are required to provide defense, including but not limited to: human rights
claims, zoning/land use matters, permits/administrative hearings, and labor employ-
ment matter
9. Reviewing bond and insurance requirements for City contracts or activities
10.
Preparing quarterly report on the status of City litigation, or as requested by the city
manager
Reviewing documents submitted by bond counsel involving the issuance of debt or
debt-related instruments and provide opinions as required
12. General legal services do not include prosecuting attorney services
13.
Representing the City in the acquisition or sale of properties, property/easement for
public improvements, parks, and the like
14.
Review in advance of the meetings all city council and planning commission meeting
agenda packet material
Provide periodic written updates on new state or federal legislation or judicial holdings
impacting upon the City, and suggested action or changes in operations or procedures
to assure compliance
16.
An established system of availability and follow-up to responding to City staff
questions
PART B - CITY PROSECUTION SERVICES
Scope of Services. The services for City Prosecution Services shall include, but are not limited
to the following:
Prepare gross misdemeanor and misdemeanor formal complaints including: establish
probable cause, determine charges, letter advising arraignment date
Prosecute gross misdemeanor and misdemeanor complaints including preparation for
and appearance at: Pre Trial Hearing, Revocation Hearings, Omnibus HearingArmign-
ments, Court Trials, Sentencing, Jury Trials
o
Prosecute misdemeanor complaints for housing, business licensing, and zoning/building
code violations
Prepare files for court including assembling witness list, prepare subpoenas, copying
statutes or ordinances for court trials, etc. Request certified documents such as driver's
records, motor vehicle records, prior convictions, Order for Protection, bank records,
ordinances
Prepare letters to victim; omnibus hearing notification; change in time, date or place
of hearing
Main records including: Court calendar, Formal complaint requests, Regarding criminal
history requests for the BCA, Officer vacation schedule, Court assignment schedule of
prosecutor
7.
Telephones and maintains correspondence with various agencies including: Law
enforcement agencies, Courts, Minnesota Correctional Facilities, Victims/Witnesses,
Defendants/Defense Attorneys, Social workers, psychiatrists, victim advocate
representatives, hospitals, banks, insurance companies, etc.
Research statutes/ordinances for court cases, formal complaints or as requested by
Columbia Heights Police Department or City of Columbia Heights
9. Handle requests for disposition of detainers
10. Maintain active files (approximately 3200)
PART C - PROPOSAL CONTENT
Outline for Proposal Preparation: Proposals shall address each of the following items:
Identify full firm's name, office address, additional office locations, phone number,
and fax numbers
Identify number of attorneys, paralegals, and support staff. Indicate any specialty
practices that your firm provides in addition to municipal law or prosecution services
Name, experience, and qualifications of the person(s) who will be responsible for
fulfilling the obligations as City Attorney
Provide the qualifications and resumes of other professional staff or paralegals staff
members who will be responsible for providing legal services. Identify what work may
be handled by junior partners, associates, or paralegals
o
List and describe the previous or current experience in municipal legal prosecution
services by the other members of your law firm
o
Provide client references. The names and telephone numbers of three client references
who the City may contact. Municipal references are preferred. If the firm has
represented any Minnesota municipalities or governmental agencies, state the name of
that agency, and the name, title and telephone number of a reference at that agency
whom the City may contact
Provide an assessment as to the availability of the City attorney and other professional
staff to be assigned to a contract with the City of Columbia Heights
o
List previous and current clients who are involved in development or housing projects
within the City of Columbia Heights
List previous and current clients who have been or expect to be involved in or benefit
from litigation with the City of Columbia Heights or its Housing and Redevelopment
Authority (HRA)
10.
Describe your legal library and research capabilities, with specific emphasis on
municipal law publications, computer links, and the firm's capability to maintain a
proper response time for legal reports and memorandums
11.
Describe specific knowledge or experience (for General Legal Representation Services)
of the following:
a)
b)
c)
a)
e)
f)
Zoning laws
Land Development Issues
Condemnation laws
MSA 429 Projects (procedures and appeals)
Employment law (unions and public sector employment practices)
Public Contracting laws
12.
Describe your firm's previous or current experience in criminal prosecution or public
defender work (for City Prosecution Services)
13. Describe your firm's billing format, and its willingness to adapt its format to City needs
14.
The City requests your proposal be stated as a flat retainer and hourly rate of service.
For the hourly fees portion of your proposal, please identify the hourly rate of each
attorney and support personnel to be billed
16.
l?.
PART
1.
o
The attached Exhibit shall serve as a guide in preparing your fee schedule. Please note
that your schedules must include rates for additional miscellaneous items to be billed
(i.e., photocopying, westlaw or lexis fees, faxes, mileage, or travel time.) Additionally,
state your minimum increment of time billed for any item
Your firm's proposal may be for either General Legal representation or City
Prosecution Services or for both
Attached please find summary information on the level of past court appearances,
complaint activity, and legal service hours. Please note that this information is an
estimate and actual or future activity may vary from year to year.
D - PROPOSAL EVALUATIONAND CONTRACT AWARD
The City of Columbia Heights intends to award a contract to the firm evaluated to be
the best qualified to perform the work for the City of Columbia Heights, cost, and past
and current experience and other factors considered.
After March 4, 1994, a short list of proposals will be selected. Interviews of
representatives of the competing law firms will be scheduled, and a final decision will
be made prior to the end of March, 1994.
The City of Columbia Heights shall not be liable for any expense incurred by the
proposer in the preparation of its proposal or in its participation, or incurred as a result
of its participation in interviews.
The City of Columbia Heights requires "affirmative action" and therefore, under the
contract, the law firm selected shall not discriminate against any person in accordance
with federal, state, or local laws or regulations.
The law firm awarded the contract for legal services for the City of Columbia Heights
shall not assign any interest in this contract, and shall not transfer any interest in the
same without prior written consent of the City of Columbia Heights.
The law firm awarded the contract for legal services shall not accept any clients which
places it in a conflict of interest with its representation of the City of Columbia
Heights.
Notwithstanding a contract award, the City reserves the right to negotiate the final
terms and conditions of the contract to be executed. Should the City and the proposer
to whom the contract is recommended to be awarded to unable to mutually agree upon
the entire contract, the City reserve the right to discontinue negotiations, elect another
proposer or reject all the proposals. Upon completion of negotiations agreeable to the
City and the proposer, a contact shall be executed.
The City reserves the right to seek alternative legal counsel from the selected firm on
legal matters it deems necessary to do so.
We thank you for your time and effort in responding to our proposal and look forward to
hearing from you.
PROPOSERS MAY
OPTION OR THE
SERVICES; IN ANY
FILLED OUT.
EXHIBIT
CITY OF COLUMBIA HF-IGHTS
LEGAL SERVICE - FEE SCHF-DULE
SELECT THE "GENERAL LEGAL REPRESENTATION
"CITY PROSECUTION ATTORNEY SERVICE" OPTION
CASE, ADDITIONAL MISCELLANEOUS COSTS MUST
SERVICES"
OR BOTH
ALSO BE
GENERAL LEGAL REPRESENTATION SERVICES
* TWELVE MONTH RETAINER: $
/YEAR
(*Includes all items listed under Section A, Scope of Services, excluding any civil litigation,
representation at administrative hearing, and city prosecution.)
HOURLY RATE FOR CIVIL LITIGATION BY POSITION:
$ per hour
(Position)
$ per hour
(Position)
$ per hour
(Position)
$ per hour
(Position)
$ . per hour
(Position)
OR
*HOURLY RATE FOR ALL GENERAL LEGAL REPRESENTATION:
(Includes all items listed under Section A, Scope of Services)
$ per hour
(Position)
$ per hour
(Position)
$ per hour
(Position)
$ per hour
(Position)
$ per hour
(Position)
OR
CITY PROSECUTION SERVICES
* TWELVE MONTH RETAINER $ /YEAR
(Include all items under Section Bi, Scope of Services)
OR
HOURLY RATE FOR ALL CITY PROSECUTION SERVICES:
$
(Position)
$
(Position)
$
(Position)
$
(Position)
$
per hour
per hour
per hour
per hour
per hour
AND
BILLING FOR MISCELLANEOUS EXPENSES
MINIMUM BILLING INCREMENT $
PHOTOCOPYING CHARGES $
TRAVEL TIME, IF APPLICABLE $
WESTLAW OR LEXIS FEES $
MILEAGE CHARGES $
FAX CHARGES $
PHONE CHARGES $
OTHER CHARGES $
$
$
CITY OF COLUMBIA I-II~_IGHTS
FEBRUARY2, 1994
FORMAL COMPLAINTS
Gross Misdemeanor Complaints Received:
Gross Misdemeanor Complaints Completed:
Misdemeanor Complaints Received:
Misdemeanor Complaints Completed:
1992
Gross Misdemeanor Complaints Received:
Gross Misdemeanor Complaints Completed:
Misdemeanor Complaints Received=
Misdemeanor Complaints Completed=
1993
99
96
Not Available
587
98
87
628
485
Attorney Hours
Para- Legal Hours
Other Expenses
Prosecution
1,162.25 hrs.
1,412.00 hrs.
$5,638.78
1993
Legal Service Hours
Litigation
589.25 hrs.
30.50 hrs.
$2,192.24
General Legal
796.00 hrs.
105.00 hrs.
$1,334.11
1992 COURT CALENDAR
MON. PT/CT OH CT J._~.T RH MISC.
Jan. 53 14 22 26 12 3*
Feb. 19 5 9 66 25 2*
Mar. 128 12 12 4 26 0
Apr. 12 4 12 56 8 5*
May 76 16 17 0 22 0
June 12 9 25 82 9 2*
July 124 8 19 0 6 0
Aug. 22 9 20 73 14 0
Sept. 113 10 11 1 16 0
Oct. 12 7 12 83 6 1'
Nov. 120 12 18 0 6 3*
Dec. 12 9 9 76 13 2*
Total 703 115 186 467
Total Number of Court Cases for 1992:1,652
163 18
EXPLANATION
Arraignments
Sentencing
Plea
1 Plea
Sentencing
Sentencing
Sentencing/
Contempt of Crt.
1993 COURT CALENDAR
MON. PT/CT OH CT J._T.T RH MISC.
Jan. 98 16 5 0 14 2*
Feb. 15 6 24 86 11 2*
Mar. 119 3 12 0 6 0
Apr. 11 10 11 76 6 1'
May 76 13 14 0 8 11'
June 10 7 8 47 11 0
July 132 4 8 3 15 2*
Aug. 20 9 22 90 13 1'
Sept. 146 8 13 5 19 0
Oct. 12 2 25 84 10 0
Nov. 150 11 22 0 13 3*
Dec. 6 5 12 125 10 1'
Total 795 94 176 516 136 23
EXPLANATION
Arraignment/Sent.
Plea/Stay of Impos.
Rule 20 Hearing
Plea/Rule 20
Sentencing
Plea by Mail
Sentencing
Motion Hearing
Total Number of Court Cases for 1993:1,740
'l
487.25 COUNTY COURTS 72
is imposed and execution thereof ordered, the court may at any time suspend the fur-
ther execution thereof, and order the release of the defendant upon probation under
similar terms and conditions. If the defendant who has been placed on probation vio-
lates the terms or conditions thereof, the stay of imposition or execution of sentence
may be revoked in the manner provided in section 609.14.
Subd. 8. [Repealed, 1979 c 233 s 42]
Subd. 9. Minutes of preliminary hearings. The court administrator shall keep min-
utes of preliminary hearings on indictable offenses and make proper return to the court
_X_/r~~9-bef°re which the person charged with the offense may be bound to appear.
'-~ §ubd. 10. Prosecuting attorneys. Except as otherwise provided by law, violations
~ ')~ of state law that are petty misdemeanors or misdemeanors must be prosecuted by the
! attorney of the statutory or home rule charter city where the violation is alleged to have
occurred. In cities of the first, second, and third class, gross misdemeanor violations
of sections 609.52, 609.535, 609.595, 609.631, and 609.821 must be prosecuted by the
attorney of the city where the violation is alleged to have occurred. The statutory or
home rule charter city may enter into an agreement with the county board and the
county attorney to provide prosecution services for any criminal offense. All other petty
misdemeanors, misdemeanors, and gross misdemeanors must be prosecuted by the
county attorney of the county in which the alleged violation occurred. All violations
of a municipal ordinance, charter provision, rule, or regulation must be prosecuted by
tthe attorney for the governmental unit that promulgated the municipal ordinance, char-
~_ ter provision, rule, or regulation or by the county attorney with whom it has contracted
'to prosecute these matters.
In the counties of Anoka, Carver, Dakota, Scott, and Washington, violations of
state law that are petty misdemeanors, misdemeanors, or gross misdemeanors except
as provided in section 388.051, subdivision 2, must be prosecuted by the attorney of
the statutory or home rule charter city where the violation is alleged to have occurred.
The statutory or home rule charter city may enter into an agreement with the county
board and the county attorney to provide prosecution services for any criminal offense.
All other petty misdemeanors, misdemeanors, or gross misdemeanors must be prose-
cuted by the county attorney of the county in which the alleged violation occurred. All
violations of a municipal ordinance, charter provision, rule, or regulation must be pros-
ecuted by the attorney for the governmental unit that promulgated the municipal ordi-
nance, charter provision, rule, or regulation or by the county attorney with whom it has
contracted to prosecute these matters.
Subd. 11. Presumption of innocence. In an action or proceeding charging a viola-
tion of an ordinance of any subdivision of government and the ordinance is the same
or substantially the same as a state law, the defendant is presumed innocent until the
contrary is proved and, in case of a reasonable doubt, is entitled to acquittal.
History: 1971 c 951 s 25; 1973 c 679 s 24,25; 1977 c 432 s 26; 1979 c 233 s 5,6; 1983
c 177s 9; 1983 c 345 s I1; 1986 c 440s I; ISp1986 c 3 art 1 s 82; 1987c 329s 2; 1987
c 346 s I1,12; 1988 c 527s I
487.26 PETIT JURORS.
Subdivision 1. Mode of selection. Petit jurors for the trial of all types of actions
shall be selected as provided in this section.
Subd. 2. Selection; list. All petit jurors to serve in the county court in the county
shall be selected from the petit jurors listed for jury service by the district court. Petit
jurors listed for service in both courts shall have the same qualifications and shall be
selected by the district court under the same procedure as is now provided by law for
selecting jurors for service in the district court. Jurors summoned for service in the
county court shall report to and be excused, governed, instructed and controlled by the
chief judge of the county court or a designee. Subd. 3. [Repealed, 1973 c 679 s 38]
Subd. 4. Failure to attend. Failure to attend as a juror when duly drawn and sum-
14600 Minnetonka Boulevard
Minnetonka, Minnesota 55345
Telephone (612)939-8266 · Fax (612)939-8248
City Attorney's Office
Providing Prosecutiott Services for the cities of'
Minnetonka. Minnetrista. Orono attd St. Bo, ifacius
January 21, 1993
Mayor Don Murzyn, Jr.
City of Columbia Heights
590 40th Avenue N.E.
Columbia Heights, MN 55421
Dear Mayor Murzyn:
City Manager Jim Miller asked me to respond to your inquiry about
in-house legal services. I have enclosed for you:
A copy of the Minnetonka Legal Department 1993 budget.
It reflects expenses only. The Department also earns
revenues of $50,000 per year by providing prosecution
services to other cities. The total expenses should be
offset by this amount.
A copy of a report prepared by Jim Miller in 1980 when
the City Attorney at that time recommended disbanding the
in-house Legal Department. I apologize for the copy
quality. The report was preserved on microfilm, and the
quality of microfilm then was not as good as today.
A copy of a prosecution survey recently completed by the
City of Burnsville. The contact person was Bridget
Schwartz.
A copy of one page of the survey we completed for the
City of Roseville toward the beginning of 1992. You
might contact them for the results of their survey.
In addition, we have received inquiries within the last year from
the cities of Eden Prairie and Brooklyn Park. You might also
contact them to obtain the results of their studies. In addition,
the city of Shakopee converted to an in-house attorney
approximately two years ago. Because their population is smaller
than yours, you might contact them as a useful comparison.
Mayor Don Murzyn, Jr.
January 21, 1993
Page 2
On a personal note, I have served both as a contract city attorney
and as a full-time city attorney. I believe that I am able to give
much better service as a full-time staff member than I could as a
contract attorney. With the competition in the legal market these
days, I believe that cities can hire very competent people at
affordable salaries. The biggest question is whether a city has
the volume of work to afford a full-time staff.
If I can be of further help, please contact me.
Sincerely,
City Attorney
cc: Jim Miller
mi- FUND BEPARTMENT ACCT..NO.
General Legal 1400
1992 1993
FULL-TIME EQUIVALENT EMPLOYEES
City Attorney
Associate City Attorney
Assistant City Attorney
Administrative Coordinator
Legal Clerk
TOTAL FULL-TIME EQUIVALENT EMPLOYEES
BUDGET BUDGET
1.00 1.00
1.00 1.00
1.00 1.00
1.00 1.00
1.00 1.00
5.00 5.00
13
CITY OF MINNETONKA, MN 1993 ANNUAL BUDgeT,.
,
FUND .' DEPARTMENT ' ACCT'. NO~ .~
General Legal !400~
OBJECT 1990 1991 1992 1992 1993
NO. ACTUAL ACTUAL BUDGET ESTIMATE BUDGET
PERSONAL SERVICES
4111 Salaries - Regular $175,522 $187,411 $216,800 $212,800 $218,300
4112 Salaries - Temporary 298 1,016 5,000 5,000 3,000
447
41210vertimee-uReaularsc[ 541 500 3,000 2,000
4131 Social ri y 12,164 13,556 17,000 16,500 17,100
4132 PERA 7,944 8,381 g,800 9,700 g,go0
4133 Worker's Compensation 748 936 1,100 3,500 3,700
4141 Health & Life Ins. 8,159 8,633 12,000 11,000 13,000
TOTAL PERSONAL SERVICES
$205,282 $220,474 $262,200 $261,500 $267,000
SUPPLIES
4210 Office $3,485 $3,832 $4,800 $5,500 $6,000
4221 Gasoline 297 278 500 400 500
OTHER SERVICES & CHARGES
4300 Sales Tax. $0 $0 $0 $500 $900
4313 Legal ~.~;~,N-,C,~) 33,247 42,610 20,000 20,000 20,000
4319 Professional & Consulting 3,982 3,663 7,000 4,500 4,500
4322 Postage 1,614 1,571 2,000 2,000 2,000
4324 Microfilming 646 459 500 500 500
4326 Telecommunications 0 0 0 1,500 3,000
4331 Use of Personal Car g3g- 760 1,400 · 1,400 1,400
4332 Conferences & Subsistence 5,105 2,179 5~100 5,100 5,100
4342 Books & Manuals 6,195 5,284 5,700 5.,700 6,000
4345 Printed Forms 318 601 600 600 700
4362 Furniture ~nd Equipment 287 213 500 300 300
4363 Machinery and Automotive 824 461 800 600 800
4370 Aid To Other Agencies 1,250 2,500 2,500 2,500 2,500
4391 Dues and Memberships 5,124 2,473 3,200 3,200 3,200
4393 Rents & Leases 0 0 0 100 '100
4399 Other Miscellaneous 350 1,501 700 700 700
TOTAL OTHER SVC. & CHGS. $59,881 $64,275 $50,000 $49,200 $51,700
CAPITAL OUTLAY
4530 Furniture & Equipment
TOTAL CAPITAL OUTLAY
TOTAL LEGAL
$1,502 $1,894 $0 $7,200 $0
$1,502 $1,894 $0 $7,200 $0
$270,447 $290,753 $317,500 $323,800 $325,200
14
FROM:
DATE:
HONORABLE MAYOR AND HEMBERS OF THE CITY COUNCIL
L~GAL DEPARTMENT
JAMES F. MILLER, CITY MANAGER~~
APRIL 1, 1980
Attached is a Comprehensive report 'analyzing the present organi-
zational structure of the City's Legal Department, specifically
addressing whether the City's interest can best be served through
its present structure of two full-time attorneys, with support
=lerical personnel, or whether alternative means of providing
legal services should be sought.
this study is in response to a December 13, 1979 memorandum
from the City Attorney which recommended that the City abolish
~-he full-time Legal Department in favor of retaining* the set-
;ices of the law offices of LeFevere, 'Lefler, Pearson, O'Brien
· nd Drawz.
3ased upo.n the analysis presented, it is strongly recommended
:hat* the City Council, at its meeting of April 7, 1980, adopt
~ motion indicating its desire to retain the Legal Department
~s presently constituted, with the condition that additional
:esponsibi!ities, such as for maintenance of a Legislative pro-
~ram, may be added if it is ultimately concluded that .time would
De available for such services.
FM/ms -
. %
FROM:
DATE:
SUBJ:
HONORABLE MAYOR AND
MARCH 31, 1980
STRUCTURE OF THE LEGAL DEPARTMENT
INTRODUCTION_
· . morandum is to analyze the present organi-
The purpose of this me _ _~ =.,_ ,--,,1 n~uartment to determine
· = f the u~ - ~-- --; ' re-
zatlonal structure o can best be served .through Its p
wh .... ~- Cit-'s interest -~ ~ -.,--~rt clerical
sent structure .o:.?wo ~.u~. ~ _~_.lTv~-~eans-of providing legal set-
personnel, or wRetner al:ernau~ = .
· u bt. Presently, the City Attorney.as. sumes
es should be so g :_: ch as rovldlng a.d-
vic . · matters su P
-rimarv responsibility .f.or c_ivxl_:, __~ -~aff- while the Assls-o
r. -~ and CI:Y cou~c~ m~u a- ,.
vice to the. Mayor __ ' ns occurlng as a r.esu, lt
~ -= ~:a., ~ornev handles prosecutlo .... =---~ ~iv~tles.
Police Department and othe~ __=ula __ P
· . · was brought to the CitY council's, atten-
This particular lssu.e ,- ---- -emorandum from the City AttO.r-
· through a December. '~, ~'~:'" ~,~ full-time Legal
tlon e Czt abo~*-., the .
ney which recommended tha.t .th. _ =Y 'ces of the law offl_ce.
Department in favor of' retalnln,g =.he servl
arson, O Brlen and Drawz.. A co. py of tha
of LeFevere, Lefler_, P.e. __ =__ ~, m~ v council's lnforma-
memorandum is attached ~ere:o zo& u,.~
tion.
Chater 6.02, Subd. 3, .of the Home Rule Ch. arter of the City-of.
· P ....... in-art, that the Clt. y Manager sh_a~ll=_
MlnnetonKa ln~Ic.a~s, ~ _,, _~~= ~n~ employees oz
City except.~ne .ua ~_... _ :- a--roval." Section ~.u.~ .z '
ect to City councz& wy ' s
shall be sub3. _ · ....... -~ =uch deoartments, dlvlslon ,
-~es that "the councl-.ma.y.u~.=.~-_~ _-= ~. ~v affairs as may
anS. bureaus for the. a. dmln.l.s ~- -:-- alter their powers and
seem necessary,' and zrom =l~e.:o uA,,= . . . -
· · . r Section 6.04 indicates tha.t the Counc3
· an~zat~on. Furthe.: .... Ordinance, and
org . Ich hav= been created by . .
m~v "abolish offices wn _ --. ..... ;;;-o as it may see fit.
__ m _ · · n= =nuu u,~ ...... t . . ..
a~ a result, zt zs ap~are .... '- =-- ~e nrovzslon of lega-
il-- ~ ~e orcanizatzonal zr~ewo{~tXt-"%-5-,,seof %he City
services rests.w}~ ~n= ~y__:= .... 'i~ Co~cil approval aha
Manager's apEoxn en9 au=9° k{ ir-anizational decisions could
of the cons~der~.le %mpac: suu,.~.~ . ·
and efficient delivery o~ o~er C~ty s
have upon the effective . __ ~=-~ - ~eco~endat~on be made to
· -' . ' It appropriate un=u ? - . .
v~ces, ~t ~s fe --its consideration ~n th~s regard. _
the City Cduncil for '
A number of cities were contacted in an attempt to asses~ how
well legal services were being provided to other communities,
either on an in-house or contractual basis. As such, I dis-
cussed the merits of contracted legal services with the City
Managers of Hopkins, Richfield and St. Louis Park and the Mayor
of Robbinsdale. The cities of Richfield and Robbinsdale both
receive services from the LeFevere law firm, the firm recom-
mended by the City Attorney. Further, I spent several 'hours
meeting with a number of partners of the LeFevere firm and
toured their facilities. I also discussed the benefits of in-
house legal counsel with the City Manager of Coon Rapids, the
only other community in the metropolitan area of Minnetonka's
size which retains full-time, in-house legal counsel. It is
noteworthy that each of the individuals contacted felt that
their community was receiving satisfactory legal services,
irrespective of how delivered.
In addition, I conducted extensive discussions with all depart-
ment directors of the City of Minnetonka to obtain their input
in this matter. The analysis is further based upon my exper-
iences in a number of communities which have operated with
both in-house and contracted .legal departments.
As a result, it-is felt that extensive and well-rounded input
has been received to permit a thorough and' objective 'analysis
of the question under consideration.
PROBLEM DEFINITION
The City AttOrney's above referenced memorandum either indicated
or implied that a change in the manner in which legal services
are provided for the City should be considered for.essentially
three reasons. First, it is assumed that the work load of the
Legal Department has diminished and that it will continue to
decrease for the foreseeable future. Second, and partly attri-
butable to the first assumption, it was implied that the City
is paying more than is necessary for legal services. Third,
it was indicated that greater or more extensive legal expertise
could be obtained-by affiliating with the LeFevere firm since
ii, at firm retains approximately 15 attorneys, all with different
areas of experience and training.
This memorandum will examine each of these assumptions and will
develop a conclusion with respect to the validity of each. Fur-
ther, it is strongly felt that a change in the organizational
structure for the delivery of legal services-should be recom-
m=nded only if it can be demonstrated that such an alternative
~:ill be less expensive but maintain the same level of servicu:
_-ost th'iF'same, but ~rovide a hi¢3her.levei of service; or cost
.more, bu~ prcvide a significantly hitcher level ¢,f service.
EVALUAT [ON CRITERIA
It is felt that there are at least five major criteria by whi6h
alternatives for Legal Department service delivery should be
examined:
Cost - not only must the absolute cost of
providing legal services be considered, but
the amount of service received for the cost
expended should be carefully weighed. · .For
example, it may be that the City could obtain
legal services from the LeFevere firm for a
lower annual cost, but receive fewer hours
of service. As a result, this option could
present a lower annual cost, but a higher
hourly cost.
Availability - whether in-house.or contracted,
it is believed essential that City staff have
immediate access to legal counsel in those
instances demanding immediate legal advice and
reasonable access in all other instances. It
'should not necessarily be implied that lack of
'geographic proximity will mean lack of access.
Expertise - the City should be assured that it
receives a high level of expertise resulting..in
quality advice and opinions upon which st~ff and
the City Council rely.
Staff reaction - it is important that staff feel
that it receives legal advice in a time.ly fashion
and that the attorneys providing such advice are
truly-interested in the operation of the particu-
lar department involved and the-betterment of the
City as a whole·
Workload - some speculation must be made as' to
whether the work load of the Legal Department
is now or in the future will be at a point where,
regardless of most other considerations,, it is
no longer feasible to retain a full-time legal
staff.
Each of the alternatives identified below will be evaluated by
these .c:.iteria and an assessment will be made as to .the :~elativ{
advanta~ es and disadvantages of each alternative with' respect t~
thcs, c~ ite-'~. -
..of
legal services to the City of Minnetonka.~
·'
Maintain in-house counsel - under this alter-
native, both the civil and prosecution responsi-
bilities would continue to be provided by two
full-time attorneys.
Contract for legal services.- in this instance,
the City would dissolve its fdll-time Legal
Department, and would contract with a law firm
for all of its necessary legal services'.' Based
on discussions with the representatives of other
municipalities and partners of the LeFevere firm,
it is felt that this particular firm, as recom-
mended by the City Attorney, could more than
adequately represent the City's interests if
this alternative were selected·
Develop a combined full-time and contracted
Legal Department - under this system, the
City could contract for performance of civil
-law responsibilities and retain a full-time
attorney for prosecution work. The City Attor-
ney has indicated that the primary decrease in
reponsibilities in the Legal Department has
been in the civil area. Further,' retaining a
full-time attorney for prosecution services
would alleviate concerns of Police Department
personnel that the department would not receive
the same level of service if such services were
contracted.
kNALYSIS
3ased on an identification of the'above listed evaluation cri-.
:eria and alternatives, the following is an examination of the
~rceived respective advantages and disadvantages, of.each of
:hose alternatives:
1. Cost
a. In-House Legal Department
The 1980 budget allocates $109,300 for
operation of the Legal Department. The
actual expenditures for the Legal Depart-
ment for 1978 and 1979 were $81,959 and
$95,424, respectively. It is reasonable
to assume that the cost of maintaining a
full-time Lecal Department will continue
to increase annually by approximately
the same rate as the increase for other
departments, since the majority of the
Legal Department budget is expended for
personal services which will continue to
increase during an inflationary period.
oo
b. COntractual Legal Department
In her December 13, 1979 memorandum, the
City Attorney indicated that the LeFevere
firm could provide services for between
$75,000 and 895,000. This does not in-
clude the cost of approximately $15,000 for
the Legal Secretary's salary which the City
would continue to pay. Using the most con-
servative estimate of $75,000, therefore,
pl. us the City's continued cost of $15,000,
it appears that this alternative would
cost approximately $90,000 per year or
about $20,000 per year less than the City
presently pays. Obviously, if the actual
cost were closer to the high estimate of
$95,000,~ there would be little or .no actual
savings. Although the total budget may be
lower, it is logical' that the City would
receive less hours of service under a con-
tracted arrangement since it must be assumed
that the per hour cost of operation for--a
private law office with a built-in profit
margin, must be higher. In other words, it
is believed that the City could reasonably
expect to save on its annual' legal cos=s
but it is doubtful whether the same number
of hours of legal service could be obtained.
In fact, based on the estimates reflected 'in
the City Attorney's memo, the LeFevere firm
estimates a maximum of 840,000 per year for
civil work at 860.00 per hour.. This equates
to. 667 hours or about 32% of a work year.
That' same memorandum indiciates that the
firm would charge about $50,000 for prose-
cution work at $40.00 per hour. This equates
to 1,250 hours or 60% of a work year. This
means, in essence, that if these estimates
are accurate the City would receive the equi-
valent services of one full-time employee
(as opposed to the current two) for perhaps the
same cost.
-' c. Combination Legal Department
It would appear that the cost of provid-
ing services through such an arrangement
would probably be between the costs for
the two other alternatives. Since the
present Assistant City Attorney, due to
his experience, ks probably at a higher
pay rate than that of an attorney assigned
by the LeFevere firm, and since the cost
of the LeFevere fizm providing civil law
counsel would be less than presently ex-
perienced, the total cost to the City
would probably be between the cost of the
in-house and contractual options. This
appears to be true since the City wouid
expend the same number of hours for pro-
secution work as it presently does but
the LeFevere firm would probably spend
less hours in the civil area.
Based on the above, it is felt that the present system is the-mos
advantageous with respect to cost and cost control. -Although
annual costs may' be higher, it is felt that. the other.alternative
present higher hourly costs. The result of implementing either
of these other options would apparently be to decrease the number
of legal service hours available to the Council and Staff, for
the sake of saving at best, $20,000 annually and perhaps not sav-
ing anything.
2. Availability
a. In-house Legal Department
Clearly, having the Legal Department
physically located in City Hall is the
most ideal.in that, unless the attor-
neys are out of the office, immediate
personal contact between staff'and
the Legal Department is assured.
b. Contractual Legal Department
Although under the proposal to retain
the LeFevere firm there would be a desig,
nated number of hours during which the
City Attorney would be physically in
City Hall, in all probability there would
also be a number of instances in which
STRUCT.UR~ OF THE L~GAL D~.PARTMENT Page
personal contact could not be
made and staff would have to rely
on telephone' Conversations. Based
on experiences in other communities,
there could, be a reluctance, of
staff ~o d&scuss matters 'wzth the
frequency that presently exists.
This is httributable to .the percep-
tion that the City or department is
billed every time a telephone call is
made. Further, there is the concern
that when personal day-to-day contact
is not assured, the City may not be
able to immediately consult with its
attorney ·
c. Combination Legal Department
Under this alternative the concerns ex-
.... pressed with respect to availability
under the contractual arrangement would
not apply to the Assistant City Attorney
position, but would apply equally to the
City Attorney position.
Clearly, the present arrangemen~ is the '~,ost advantageous wit
respect to access or availability. Immediate and personal ac
cess is guaranteed in mosh instances, thus affording instant
communication between the Legal Department =nd *_he sta=f or
Council.
3. _ExpertIse
a. In-house
Legal Department
The City is presently represented by two
full-time attorneys, both of whom have
~emonstrated abilities to provide the
City with sound legal advice in the pre-
ponderance .of situations. In those cases
where the City Attorney has felt that the
case requires additional expertise, the
City has hired such service, with appar-
ently.satisfactory results.,
h. Con'tractua! Legal Depar:ment -
p=essed w~n respect to ava, lab~lity
under the contractual arrangement would
not apply to the Assistant City Attorney
position, but would apply equally to the
City Attorney position.
Clearly, the present arrangemen~ is Lhe most advantageous w~
respect to access or availability. Immediate and personal ~
cess is guaranteed in mosh instances, thus affording instan'
communication between the Legal Department ~nd *.he sta:f or
Council.
3. Expertise
a. In-house Legal Department
The City is presently represented by two
full-time attorneys, both of whom have
Gemn_nstrated abilities to provide the
City with sound legal adVice in the pre-
ponderance of situations. In those cases
where the City Attorney has felt t. hat the
case requires additional expertise, t. he
City has hired such service, with appar-
ently satisfactory results.
b. Contractual Legal Department
The City Attorney has indicated that the
£eFcvere farm nas ~ifteen lawyers with a
variety of backgrounds and interests.
She Indicated ~hat by virtue of the number
of attorneys in =he firm an= the variety
in expertise, the City could expect
to receive a n~gh quality o.~ legal advice
on virtually all matters. Hav~ng vislted
with a number of partners of the _-irm, I
concur !n this observation.
c. Com~lna=ton Legal Depar~menu
This alternative presents perhaps the best
option in terms of available expertise
since the City would retain ~he full-tAme
Assistant City Attorney who has had consid-
erable experience in prosecution while t~e
LeFevere firm would undoubtedly assign more
junior members of the fi. tm for l~mited per-
iods to perform this service. With. respect
to civil matters, the City would benefit
from the experience presented by the members
of the Le~'evere firm, and in addition, retain
the primary services of the present City
Attorney.
= appears that greater expertise can be obtained by retaining
ne LeFevere firm 'for civil law work. However, as mentioned,
here is a question as to how often such expertise is necessary.
asr experience indicates satisfactory and sound legal advice
rom the City's full-time attorneys.
Staff Reaction
a. in-house Legal Department
Without exception, all departmen= dir-
ectors have indicated a strong prefer-
ence for the retention of-'a'f'u£1-time
legal staff. ALthough the reasons dif-
fer, the~ have all expressed their be-
lief that this option is the most work-
able and des.irable for their Indlvi=ua-
departments. A~nong t~he reasons most often
cite~ for this preference, are a s=ronger
in=er.st an the operation of the respec-
tive departments by full-time personnel,
greater access, etc.
Contractual Legal Department
Conversely, all of 'the department directors
are opposed to contracting for legal ser-
vices. They fear loss of contact In.those
instances when an attorney's aSvice is most
needed, diminished interest in the City's
problems, etc
c. Co~ination Legal Department
This particular alternative was d~scussed only
with the Police Chief who ~elt that it woul~
be workable, but may not be as desi=,~ble as
having two full-time attorneys. It is be-
lieved that the majority of the other depart-
ment directors would not be in favor of this
alternative since the civil workload would be
contracted. Perhaps the most serious short-
coming of th~s alternative is =he ~if~icuIty
with supervision that would occur with one
full-time attorney paid by the City,
being supervised by a part-time attorney,
not directly on the City payroll.
With particular respect to comments received from the. Police
Department, morale could be jeopardized if a contractual arrant.
ment.were implemented. In the past, before a full-time'attorne
represented the Police Department, many officers apparently fei
that their interests were not adequately represented in court,
due to high turnover, lack of knowledge, etc. Therefore, the
present arrangement is felt to be the most satisfactory.
Workload
a. In-house Legal Department
The City Attorney has indicated that, with
the subsidence of the City sewer and water
program, the demand for an attorney involved
in civil matters has diminished and is likely
to continue to diminish.. However, it is
felt that with the adven~- of major commercial
and industrial development-such as the Carl-
son Companies' 'proposal'~ the-P°tential creation
of several tax increment districts, and the
,,_ndertaking of a storm sewer progr~.w,, the
workload of the City Attorney may, in fac=,
not diminish, Dut rather increase.
D. Contrac=uai Legal Department
This option represents pernaps the most
flexibility in that the amount of time
allocated to the City's neecs couls easily
be ad~ ' ~ . - ....
~usted b~ ~... LeFever~ ~
Combinatlon Legal Department
Although not permitting the same degree of
flexibility that would be achieved under the
contractual arrangement, it would purmit more
flexibility than under t~',e present system,.
particularly in the civil law area.
Based on projections of Lhe workload of several department=
impact on the Legal Department's workload, it appears that the
demands for Legal Department advice wall continue to increase
the foreseeable future. Further, there are other service= not
=eing aaequately performed which could be provided by the Lega~
Depar~nent.
Attache~ is a matrix which summarizes thu above evaluation.
SDq~4A. RY
AS stated at the outset, it was indicated that a problem was pe
ceived to exist because the workload of the Legal Department ha
and will continue to decrease, the City is paying more than is
essary for legal services and because greater expertise can be
obtained by Contracting with the LeFevere firm.
With respect to the first assumption, the Planning, Engineering
and Police Departments do not foresee a subsidence in the work-
load requiring legal involvement." ~nile the economy may dimini~
the need for legal involvement in the operation of the Inspecti~
and Licenses Department, this is probably a temporary phenomeno~
Although the nature of the workload may change, it is believed
that the volume of Legal Department work will continue to incre.
Moreover, it is strongly felt that there are a number of other
areas for Legal Department involvement, thereby increasing its
value to the City. For example, the City Attorney could serve
as an advisor to the City Manager during labor negotiations.
Also, the City does not have a coordinated legislative program
when the Legislature is in session. Although the City Manager
City Council respond in crisis situations, due to other demands
t_here is no one directly responsible for monitoring legislation
and representing the City's interest before hearings at the Leg:
!ature. If the City Attorney's position as presently constitut~
~oes. not require 40 hours per week, this could be an area which
would logically be added with considerable value to the City.
Further, in discussions with Jeff Robinson, the City's former
advisor on Industrial Revenue Bond Issues, it was indicated that
the City Attorney could reasonably be expected to provide many o
the services which he previously provided, as long as a counsel
with a background similar to Mr. Robinson's was retained for con
sultation purposes.
In short, there is, in my opinion, no substantiation of the ass~
tion that the workload for the City Attorney and Assistant City
Attorney require less than full-time service.
Concerning the second assumption, although the City may or may nc
pay more to retain in-house legal counsel, several other consid-
erations should also be noted. First, as previously stated,'it
is felt that the City would probably receive a lesser number of
hours of service under a contracted or combination arrangement,
thereby resulting in perhaps
City would not have the same
in costs in future years, as
It should also be noted-that
valuable and often non-legal
a higher hourly cost. Also, the
degree of control over the increase
it does through its budget process.
the Legal Department performs a
function by serving as an advisor t(
the City'Manager-and staff on a number .Of matters. It is un-
likely that a similar relationship could be-maintained under
either of the'other opt/ons under consideratiOn.... ..
With respect to the assumption that greater expertise could be
obtained under the other options, it is clear that this is a
valid assunption. However, 'it is not believed that the City has
suffered from a lack of expertise in the past, and therefore,
this should not be the only reason for changing the form of
legal service delivery. As with all other professions, it is
felt that there are numerous informal opportunities for profes-
sional communication and exchange which, coupled with the avail-
ability of hired expertise when necessary, offer the City's
attorneys ample opportunity to augment their present knowledge.
Not only does there not appear to be any compelling reasons to
change the structure of the City's legal services, it has been
shown that the City .stands to save relatively little money,
significantly decrease the number of legal staff hours available.
jeopardize morale, and curtail options for additional legal
service in such areas as labor relations, coordination of the
City's legislative program, and bond counseling. With particula:
reference to the combination option, the supervisory problem of
having the Assistant City Attorney paid by the City and the City
Attorney working for the LeFevere firm is potentially so unwork-
able that serious reservation must be expressed about the via--
bility of this option. '
STRUCTURE OF THE LEGAL DEPARTMENT
Page '12 -
RECOMMENDATION
I believe that ~he City's interests are being best served by
the present arrangement of retaining two full-time City Attor-
neys, and strongly recommend that the City Council, at its
meeting of April 7, 1980, adopt a motion indicating its desire
to retain the Legal Department as presently constituted, with
the condition that additional responsibilities, such as for
maintenance of a legislative program, may be added if it is
ultimately concluded that time would be available for such
services.
JFM/ms
Attach:
0
0
0
~J
0
,t
PZtOS~"t;~XOZl BURVB~
What amount vas bu~gete~ £o~ prosecution legal services in 19927
Bloomin=ton $254,650.00
Brooklyn Park Legal services combined - didn't have specific
figures on prosecution $283,420.00
Coon Rapids Legal services combined - didn't have specific
figures on prosecution - City Attorney will call af. ter 1st of
year with more specific information $314,700.00
Plymouth $146,000.00
Minnetonka $191,400 The City also provides legal service to 3
surrounding Cities and had $50,000 in revenue. /j/, ~
Eagan $ 165,00.00
Edina $130,00.00
St. Louis Park $179,000.00
ADDle Valley $252,000.00
Lakeville didn't have the figures
Savaqe didn't have the figures
What are you estimating to spend?
Bloominqton As of Nov. 30 $254,650.00
Brooklyn Park Figures not available
$306,700.00
Plymouth $162,001.00
Minnetonka Around $2000 under what they budgeted
Eaqan As of Nov. 30 $113,800.00
Edina figures not available
St. Louis Park figures not available
Apple Valley They are going over by $30,000.00
~ $106,000.00
Savage $50,000.00 They are a part of a five City joint
prosecution service
Rhat is ~our budget for 19937
~ $255,173.00
Brooklyn Park The broad legal budget is $284,505.00
The broad legal budget is $318,500.00
Plymouth $180,000.00
Minnetonka Up less than 1% ( doesntt include salary) Revenue
from other Cities will increase $1,500 and an additional City
will take on their services adding $2000 more.
Eaaa~ $150,000.00
Edin~ $130,000.00
St. Louis Park $188,000
ADDle Valley $252,000.00
$93,750
Savaqe For the five Cities $160,000 For Savage $67,000
Do ~ou have a polic~ of an~ k£nd on prosecution procedures?
Bloomington There is no written policy - it is up to the
Attorney
Brooklyn Park No one at their office was able to answer this
question
..Coon Rapids Their City Attorney will call after the first of the
year with the answer to this question
Plymouth' No one at their office was able to answer this question
Minnetonka The City Attorney decides; there are some policies for
negotiation that are written.
Eaqan Their consulted attorney Kevin Eide has not been able to
return my calls to answer this question
Edina There is no written policy- it is up to the City Attorney
St. Louis Park There is no written policy - it is up to the City
Attorney
ADDle Valley There is no written policy - it is up to the City
Attorney
Lakeville It is up to the City or County Attorney
Savaqe I~ is up to the jointly retained Attorney- The five
cities who retain this Attorney have a joint board of directors
who handle any dilemmas or difficult situations that the Attorney
might face.
Legal Expenses Survey
Page TWo
#FTE
Salaries
Expense
Other
If legal services are provided by staff attorneys, what is
your total annual budget for the Legal Department in each of
the following areas?
PROSEC./CRIMINAL RETAINER
cIVIL RETAINER
4)
Please note any information which would be helpful to us in
comparing the numbers you have provided above with those from
other cities:
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND COUNCILMEMBERS
COUNCIL SECRETARY
BOARD/COMMISSION EXPIRING TERMS
FEBRUARY 1, 1994
The following residents have terms expiring in April. A letter
has been sent today to each of them regarding their interest
in being considered for reappointment. They are being request-
ed to respond by Monday, February 7th.
Dave Szurek - Cable Communications Commission
Ken Henke - Cable Communications Commission
Ruth Graham - Cable Communications Commission
Richard Dustin - Housing and Redevelopment Authority
Patrice Seawe]l - Human Services Commission
Elizabeth Fairley - Human Services Commission
Dayna Gul]ey - Human Services Commission
Barbara Miller - Library Board
Mary Hanson - Planning and Zoning Commission
Bob Guzy - Police and Fire Civil Service Commission
Joe Goodman - Traffic Commission
Edward Carlson - Traffic Commission
Tom Lucas - Merit Commission
Stephen Riner - Science, Technology and Energy Commission
COLUMBIA HEIGHTS MULTI-HOUSING ASSOCIATION
4110 RAHN ROAD
F_..AGAN, MINNESOTA 55122
(6t2) 454-5691
January 18, 199~
RIIKTECT:
Hayer
City Council
City Hanaser
Robert F. Thim~esh, President
Columbia Heishts Multt.-llousln8 Association
Columbia Heishts Housing/~aintenance Code Amendment~
If the Council do~s no~ see £it to delete entirely thst section Yhlch addo ney
inspections upon tenant turnovers (Section 5A.302(2)) due to it bela8 unnecessary
and an administrative burden, then we of/er tho followin8 section as an alternative.
! believe it addresses the concerns o£ tho Council and should zero in on the
racRlcitranC or unresponsible landlord Yhile not impo~in$ ney burdens on those
l~nglords Yho are ssekint in §ood faith to comply with ~he requirments of tho
houslnz maintenance code.
COLUMBIA HEIGHTS MULTI-HOUSING ASSOCIATION
4110 RAHN ROAD
EAGAN. MINNESOTA 55122
(612) 454-569!
The tallowing lanSuase ia o£[ared as an alternative to tho current lansuase in
2action 5A.302(2) al the Columbia HaS§his Housin~ Maince.ance Code:
SA. 302_(2) Each dw~l~inR p? multiple dwellip~which is the sub,lee
license shall be ~spected at leas~ once annually., lu~vldual dwellln~ uni[s
shall be inappc.te~ under ~ £o[lowi~ conditions:
(a) If. durina each of the two prev$o~s calendar ~?s, the owner h~s fa~d
t~ c'or~ec~ at leas~ two hou~n~ maintenance_ code violation~ after, bei~~ notified
in writinl of this provision~ accordin8 to the written record at such viola~lo~
inc~udin~ written notices to correct such violations.
~) Umonf~rrection of any ho~s~ maintenance code violatSpn, under this or
other sections, as evidenc~_by written no~i[icntion of such violation~ the
Enforcement Official shall issue the owner a written statement that the v~9~}~p~
has bee~ corrected.
(c) lf. dt?!p~ the past calenda~ear, two or m_ore unre!a}ed and
and non-retalia~ory ~enan~ complaints on a stalls family, du~lex~or_trip!ex, o.r
£our or mq~e unrelated and n~y;etalistor~ tenant complaints from multi-houein~
buildings o[ [our or m~!. units, and such co. plaints have been verified
pi the hourina maj. ntenance code as unrelated and non-retaliatory~ and a no~lce for
each suc.h, violation, in writing, has been ocnt to the owner.
(1) Complaints sh~tl be unrelated ii ~h~. relate to different..ma.~p}_~_nance
prgblemsl, several co~la'Lnts relatin~ ~,~ho sam~ problem (such as a ~aul~I
boiler) shall, be considered On~ Fo~pl~in~,
(2~ A Dnmplnt~t ~ade by a tenant, ~f~r the owner has commenced a ~tSa~
tction aaain~t ~he tenant~ shall be considered retaliatory and excluded ~pm this
section.
(d,) ~.v owner havinR the r~qu%r~d number o£ vi91~tlo,n~ under thio mec~__o~
shall be s~.~oti£ie~, i~.~yitin~, and shall bc subtect to a s~ecial inspec~iou
prolr~m consistinl.~f six add~iqn~epection~ for a o~year ~eriod, commencins
with~he dace o~ ~h notiilcation sPec.i£ied heroin, Each [aepuuLiuR._ma¥ include
~ ~o ~h~r~y percent (30!)_.o£ tho ~wellins unitsl writ!on notice of any violations
found d~[~R ~hese inspections shall be aiv~ ~o ~he owner. If ~b~ owner has
't~res or more uncorrected viola~on~ at the end the_s~cial £ns~}~tion tear,
then such ~rop~r~¥ mha.ll be subject to this special inspection ~ru~ £~r an
sdditiona~ ~sar and the 9_w~__~r shall be_ s9 n~;l!ied iu ~r£}~ns, An owner havl~! ~!
mo~e than tw9 uncor~}~d vi~lalions at the end p~, the special inspection !e~!.
shall not be subloct to ~his special inspection ~rosram, buc shall continue to be
subjec= to tile annual Inspgc~on,
February 2, 1994
Mr. Bob Thimmesh, President
Columbia Heights Multi-Housing Association
4110 Rahn Road
Eagan, MN 55122
Mayor
Joseph Sturdevant
Councilmembers
Donald G. Jolly
Brace G. Nawrocki
Gary L. Peterson
Robert W. Ruettimann
City Manager
Patrick Hentges
Dear Bob:
CITY OF COLUMBIA HEIGHTS
590 40th Avenue N. E.
Columbia Heights, MN 55421-3878
(612) 782-2800
Enclosed please find the revised copy of the Housing Maintenance Code.
other things a couple of specific revisions:
Please note among
Section 5A.208(1)(a) .
The required off-street parking has been changed from one space to the spaces
as required by the City Zoning Ordinance. In any event, the Zoning Code
requirement would apply. In cases where the property does not meet the required
parking spaces, property will have to be brought up to required code by January
1, 1997, if there is sufficient area or space on the property to accomplish the
parking expansion.
Section 5A.410
The conduct on licensed premises section of the code has been amended to
include such activity as assaults, contributing to delinquency of a minor, animal
noises, and public nuisances. Additionally, the twelve month timetable has been
amended to be three months.
Section 5A.407(1)
License renewal includes a requirement of three hours continuing education.
This section also prescribes that the City Council establish by resolution the types
of continuing education necessary to meet the requirement. I think your input
is necessary in defining types of continuing education necessary to meet this
requirement.
o
With regards to your proposal to waive sections of the code upon written agreement, I discussed
this matter with city staff and the city attorney and conclude that specific ordinances or laws of
the city cannot be unilaterally waived. Accordingly, if a unique situation or interpretation of
the ordinance occurred, the landlord or property owner would have the appeals process to review
any erroneous interpretations, mis-statements or mistake of fact pursuant to Section 6.
With regards to your new proposal requiring the City to issue the landlord a written statement
that the violation has been corrected, I would simply offer that the City will do so any time the
landlord so requests. I should note that the licensing date will occur approximately 60 days after
the date of inspection and a license will be issued upon compliance with the code. So to speak,
this serves as a record of compliance.
If you have any additional questions or comments, please do not hesitate to contact me at your
earliest convenience. Originally, this item was scheduled for City Council review at its regular
council meeting of February 28, 1994, at 7 P.M. If you feel we need to meet prior to that time,
please call my office. Thank you.
Sincerely,
Patrick Hentges
City Manager
cc: City Council/Meeting Attendees
"SERVICE IS OUR BUSINESS"
94/10
EQUAL OPPORTUNITY EMPLOYER
REVl'S~D
ORDINANCE NO. 1281
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853,
CITY CODE OF 1977, AS AMENDED PERTAINING TO THE
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,
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:
(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 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 2:
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.
2
(f)
(g)
(h)
(i)
(j)
(k)
(1)
(m)
(n)
(o)
(P)
(q)
(r)
(s)
Building Official. Agent designated by the City Manager
to enforce provisions of the Housing Maintenance Code.
Clean. The absence of rubbish, garbage, vermin or other
unsightly, offensive or extraneous matter.
Dwelling. A structure or portion thereof designed
exclusively for residential occupancy, including boarding
and lodging houses, but not including hotels and motels.
Dwelling Unit. Dwelling unit has the same meaning as
apartment unit (within this Code).
Exit. A continuous and unobstructed means of egress to
a public way and shall include intervening doors,
doorways, corridors, ramps, stairways, smoke-proof
enclosures, horizontal exits, exit passageways, exit
courts and yards.
Family. An individual, or two or more persons each
related by blood, marriage, adoption, or foster children,
living together as a single housekeeping unit; or a group
of not more than four persons not so related, maintaining
a common household and using common cooking and kitchen
facilities.
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
intended to be used
preparation of meals.
room within a dwelling unit
for the cooking of food or
Occupant. Any person (including owner or operator)
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 who shall have
the power to rent or let premises to another for purposes
of this Code.
(u)
Person. Any individual, firm, partnership, association,
corporation, company or a joint venture or organization
of any kind.
(v)
Premises. A platted lot or part thereof or unplatted
parcel of land, and adjacent right-of-way either occupied
or unoccupied by any dwelling or structures.
(w)
Public Hall. A hall, corridor or a passageway for
providing egress from a dwelling unit to a public way and
not within the exclusive control of one family.
(x)
Rental Dwelling. Any dwelling for hire with one or more
living units. Rental dwellings for purposes of this Code
do not include hotels, motels, hospitals or homes for the
aged.
(y)
Repair. Repair shall mean to restore to a sound,
acceptable state of operation, serviceability or
appearance. Repairs shall be expected to last as long as
with the replacement by new items.
(z)
Rodent Harborage. A place where rodents commonly live,
nest, or establish their habitat.
(aa) Replace or Replacement. To remove an existing or portion
of a system and to construct or install 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.
4
(cc) Rubbish. Rubbish is defined in §5.605 (2) (b) of this City
Code.
(dd) Safe. The condition of being free from danger and
hazards which may cause accidents or disease.
(ee) Story, First. The lowest story in a building which
qualifies as a story, as defined herein, except that a
floor level in a building having only one floor level
shall be classified as a first story, provided such floor
level is not more than four feet below grade, as defined
herein, for more than fifty percent of the total
perimeter, or more than eight feet below grade, as
defined herein, at any point.
(ff) Unsafe. As applied to a structure,
combination of conditions which
hazardous to persons or property.
a condition or a
are dangerous or
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
(c)
(d)
(e)
(f)
require refrigeration for safekeepinG. Ail 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 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.
6
(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.
Ail buildings and/or maintenance improvements inspected
pursuant to Chapter 5A, the Housing Maintenance Code,
shall be judged and inspected in accordance with the
applicable Uniform Building Code and Uniform Fire Code,
as follows:
(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. All
devices or safeguards which are required by the
Code shall be maintained in conformance with the
Section 2:
code edition under which installed.
All repairs, replacements or maintenance to the structure
or dwelling unit shall be installed or made so as to be
compatible with the surrounding building materials and
general appearance of the existing area.
Door and Window Locks
7
5A.202(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, 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 system of controlled access shall
be maintained for each multiple family building to
control access. The security system shall consist of
locked building entrance or foyer doors, and locked doors
leading from the hallways into individual dwelling units.
Dead-latch type door locks shall be provided with
releasable lever knobs (or doorknobs) on the inside of
building entrance doors and with key cylinders on the
outside of the building entrance doors. Building
entrance door-latches shall be of the type that are
permanently locked. An approved lock box with building
entry key, boiler room key, laundry and common area keys,
all marked individually accessible to the Fire Department
must be provided for access to the building. They
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.
(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)
Ail ingress, egress and interior doors shall be kept free
of holes and/or punctures.
Section 3:
Light, Ventilation and Electric
5A.203(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, 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
8
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 Eqress. Sleepinq rooms in buildinqs
existing prior to this code must have window or door
openinqs 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 eqress with openable area of
no less than 5.7 square feet.
(c)
Nonhabitable Room Ventilation. Every bathroom, water
closet compartment, laundry room, utility room, or other
nonhabitable room shall contain a minimum total of
openable window area of no less than 1.5 square feet,
except that no windows shall be required if such rooms
are equipped with a functioning ventilation system which
is approved by the Building Official.
(d)
Electrical Service, Outlets and Fixtures. Every dwelling
unit and all public and common areas shall be supplied
with functioning electrical service, functioning
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.
(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 of fraction 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. In
structures containing not more than two dwelling
units, conveniently located functioning light
switches controlling an adequate functioning
lighting system which may be turned on when needed
may be substituted for full-time lighting.
Section 4:
Minimum Thermal Standards
5A.204(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, cooking or eating
therein unless such dwelling or dwelling unit shall have
heating facilities which are properly installed and
maintained in safe and functioning condition, which are
capable of safely heating all habitable rooms, bathrooms
and water closet compartments in every dwelling unit
located therein to a temperature of at least seventy (70)
degrees Fahrenheit at a distance of three (3) feet above
floor level and at three (3) feet from exterior walls,
and which shall comply with the following requirements,
to-wit:
(a)
Gas or electrical appliance designed primarily for
cooking or water heating purposes shall not be considered
as heating facilities within the meaning of this section.
(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 §5.204(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 which does not comply with the following
10
(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 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.
Floors, Interior Walls and Ceilings. Every floor,
interior wall and ceiling shall be protected against the
passage and harborage of vermin and rodents and shall be
kept in sound condition and good repair. Every floor
shall be free of loose, warped, protruding or rotted
flooring materials. Every interior wall and ceiling
shall be maintained in a tight weatherproof condition and
may not be covered wholly or partially by toxic paint or
materials with a lasting toxic effect. Every toilet room
and bathroom floor surface shall be capable of being
easily maintained in a clean state.
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 M" 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.
11
(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 required under City Code shall function
effectively in a safe, sound and working condition.
Section 6:
Maximum Density and Minimum Space for Rental Units
5A.206(1) No person shall rent or let to another for occupancy any
rental dwelling for the purpose of living, sleeping,
eating or cooking therein which does not comply with the
following requirements, to-wit:
(a)
Permissible Occupancy of Dwelling Unit. The maximum
permissible occupancy of any rental dwelling unit shall
be determined as follows:
(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 guests.
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
12
(a)
this §5A.207.
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
13
(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 Heiqhts 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. Ail 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 (45) feet or portion thereof of parking lot
perimeter planted adjacent to the nearest roadway
abutting the property on which the parking lot is
14
(e)
(f)
located.
Fences. Ail 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.
(g) Variances under §5A.207 shall be enforced and
administered in accordance with §5A.208(2).
Section 8:
Exterior Parking, Pedestrian Walkways and Lighting
5A.208(1) No person shall occupy as an owner-occupant or let to
another for occupancy and dwelling or dwelling unit for
the purposes of living, sleeping, cooking or eating
therein which is located on premises which does not
comply with the following requirements, to-wit:
(a)
Required off-street parking as defined in Section 9.116
(4) of the City Code. Additionally, any building or
structure in existence upon the effective date of this
Ordinance which does not currently comply with the
parking requirements of Section 9.116(4), but does have
the necessary space to provide the required parking shall
be required to expand the provided parking in accordance
with the Code by July 1, 1997.
(b)
The required parking space must have a minimum width of
9 feet and a minimum length of 20 feet.
(c)
All required parking spaces must be surfaced with asphalt
or concrete.
(d)
Curb guards and/or guardrails must be provided for
parking spaces situated above retaining walls.
(e)
An unobstructed path must be provided between parking
areas and the dwelling unit.
(f)
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
15
(g)
(h)
between the parking area and the dwelling unit for
dwellings of two (2) or less units.
In dwellings of three (3) or more units, parking areas
and pedestrian walkways must have a minimum light of 1
foot candle, and the maximum light at the boundary line
of the premises may not exceed 3 foot candles.
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.
(i) Commercial Vehicles and Junk Cars. Commercial Vehicles
and junk cars shall be regulated in accordance with
Chapter 7, Article II, Section 5 of the Columbia Heights
City Code, which is incorporated herein by reference.
5A.208(2) Variances under §5A.207 and §5A.208 shall be enforced and
administered in accordance with §9.105. The criteria
contained in §9.105(3) (d) shall be applied in deciding
whether or not an applicant is entitled to a variance.
Section 9: Fire Safety
5A.209(1) No person shall occupy as an owner-occupant or let to
another for occupancy and dwelling or dwelling unit for
the purposes of living, sleeping, cooking or eating
therein which does not comply with the following
requirements, to-wit:
(a)
Every existing dwelling unit shall be provided with smoke
detectors conforming to U.B.C. Standard No. 43-6.
Detectors shall be mounted on the ceiling or wall at a
point centrally located in the corridor or area giving
access to rooms used for sleeping purposes. Where
sleeping rooms are on an upper level, the detectors shall
be placed at the center of the ceiling directly above the
stairway. All detectors shall be located in accordance
with approved manufacturer's instructions. When
actuated, the detector shall provide an alarm in the
dwelling unit or guest room.
(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.
16
No person, firm, or corporation shall tamper with any
smoke detection device. Any person, firm, or corporation
proven to have tampered with any smoke detection device
shall by guilty of a petty misdemeanor, and upon
conviction thereof, shall be subject to a fine of not
more than two hundred ($200.00) dollars.
Section 10: Discontinuance of Service or Facilities
5A.210(1) No owner, operator or occupant shall cause any service,
facility equipment or utility which is required under
this Ordinance to be removed from or shut off from or
discontinued for any occupied dwelling or dwelling unit
except for temporary interruptions as may be necessary
wh~le actual repairs or alterations are made or during
temporary emergencies.
Section 11:
Public Health and Safety
5A.211(1) Rodent Harborages Prohibited in Occupied Areas. No
occupant of a dwelling or dwelling unit shall accumulate
boxes, lumber, scrap metal, or any other similar
materials in such a manner that may provide a rodent
harborage in or about any dwelling or dwelling unit.
5A.211(2) Rodent Harborages Prohibited in Public Areas. No owner
of a dwelling containing two or more dwelling units shall
accumulate or permit the accumulation of boxes, lumber,
scrap metal or any other similar materials in such a
manner that may provide a rodent harborage in or about
shared or public areas of a dwelling or its premises.
5A.211(3) Prevention of Food for Rodents. No owner or occupant of
a dwelling or dwelling unit shall store, place, or allow
to accumulate any materials that may serve as food for
rodents in a site accessible to rodents.
5A.211(4) Sanitary Maintenance of Fixtures and Facilities. Every
occupant of a dwelling unit shall keep all supplied
fixtures and facilities therein in a clean and sanitary
condition and shall be responsible for the exercise of
reasonable care in the proper use and operation thereof.
5A.211(5) Responsibility for Pest Extermination. Every occupant of
a dwelling containing a single dwelling unit shall be
responmible 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 dwellinq unit is the only one infested.
Notwithstanding, however, whenever infestation is caused
by the failure of the owner to maintain a dwelling in a
17
reasonable rodent-proof or reasonable vermin-proof
condition, extermination shall be the responsibility of
the owner. Whenever infestation exists in two or more of
the dwelling units in any dwelling, or in the shared or
public parts of any dwelling containing two or more
dwelling units, extermination thereof shall be the
responsibility of the owner. If the problem persists
proof of professional extermination shall be supplied to
the inspections officer upon request.
5A.211(6) Garbage, Rubbish and Recyclable Materials. Garbage,
rubbish, and recyclable materials shall be regulated in
accordance with Chapter 8, Article III of the Columbia
Heights City Code, which is incorporated herein by
reference.
ARTICLE III Inspection and Enforcement
Section 1:
Enforcement and Inspection Authority
5A.301(1) The City Manager and his/her designated agents shall be
the Enforcement Official who shall administer and enforce
the provisions of the Ordinance. Inspections shall be
conducted during reasonable hours, and, upon request, the
Enforcement Official shall present evidence of his/her
official capacity to the owner, occupant or person in
charge of a dwelling unit sought to be inspected.
Section 2:
Inspection Access
5A.302(1) If an owner, occupant or other person in charge of a
dwelling, dwelling unit or of a multiple dwelling fails
or refuses to permit free access and entry to the
structure or premises, or any part thereof, for an
inspection authorized by this Ordinance, the Enforcement
Official may, upon a showing that probable cause exists
for the inspection or for the issuance of an order
directing compliance with the inspection requirements of
this section with respect to such dwelling, dwelling unit
or multiple dwelling, petition and obtain an order to
inspect and/or search warrant from court of competent
jurisdiction.
Section 3:
Inspections
5A.303(1) Each dwell4ng 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
18
conditions:
(a)
During each of the past two years that the owner or
landlord has applied for license renewal, they have
failed to correct Housing Maintenance Code violations on
a timely basis, as evidenced by two written past due
Compliance Orders by the Inspections Department or
Rnforcement 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
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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 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 Housing Maintenance 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 notified by inspection report
of the items which must be corrected within a certain
stated period of time and that the corrections have not
been made. Current occupants shall have not more than 60
days to vacate a posted property. Current occupants
shall vacate posted property immediately if such
occupancy will cause imminent danger to the health or
safety of the occupants. No person, other than the
Enforcement Official or his representative, shall remove
or tamper with any placard used for posting. No person
shall reside in , occupy or cause to be occupied any
building, structure or dwelling which has been posted to
prevent occupancy.
Section 6:
Right of Appeal
5A.306(1) When a person to whom a Compliance Order is directed
alleges that such Compliance Order is based upon
erroneous interpretation of the Ordnance or upon a
misstatement or mistake of fact, such person may appeal
as set forth in §6.202(1).
Section 7:
Board of Appeals
5A.307(1) Upon at least five (5) business days notice to the
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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.
Article IV
Licensing
Section 1:
License Required
5A.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 City. 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.
Section 2:
License Procedures
5A.402(1) Within 180 days after the passage of Chapter 5A, the
owner of any rental unit within the City shall apply to
the Building Official for a rental housing license in the
manner hereafter prescribed.
(a)
(b)
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.
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
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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)
The number of toilet and bath facilities shared by
the occupants of two or more dwelling units.
(vi)
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)
Ail owners of rental dwellinqs shall provide
telephone access number(s) to be used in emerqency
situations, includinq emergency maintenance and
repair. This requirement shall be a condition
precedent to the issuance of any rental license.
(x) Such other information as the administrative
service shall require. Said information may
include, but is not limited to tenant lists which
include tenants name, unit, and identifying
information (i.e. date of birth, social security
number, driver's license number).
(c)
Failure to complete, in full, the required license
application shall be qrounds for denial of the license.
Section 3:
Application and Inspection
5A.403(1) 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.
Section 4:
Issuance of Rental Housing License
5A.404(1) If the rental dwelling is in compliance with the
requirements of the Code, a license shall be issued to
the present owner, occupant or agent 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
22
finds that the circumstances of occupancy following the
issuance of the license involve possible Code violations,
substandard maintenance or abnormal wear and tear, the
City may again inspect the premises during the licensing
period.
5A.404(2) The City may by Council resolution establish a
reinspection fee. If a dwelling unit is not currently
licensed, no license may be issued until all outstanding
reinspection fees shall have been paid. 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.
Section 5:
License Display
5A.405(1) A license issued under this Chapter shall be
conspicuously displayed on the rental premises wherever
feasible. The licensee shall promptly produce the
license upon demand of a prospective tenant or the
Building Official or his/her authorized representative.
Section 6:
License Transfer
5A.406(1) The license is transferable upon application to the
Building Official and payment of the license transfer fee
by the prospective owner if the licensed premises is in
compliance with the Code. The license shall terminate if
renewal or application for transfer is not made within 30
days after transfer of ownership of the dwelling unit.
The amount of the transfer fee shall be set by resolution
of the Council.
Section 7:
License Renewal
5A.407(1) Ail rental licenses shall be effective for a period of
one year. However, renewal of licenses, as required
annually by this Code, may be made by:
(a) Completing the renewal form furnished to the owner,
operator, or agent of the rental dwelling, by the City
Inspections Department; and
(b) 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
(c) Mailing the renewal form together with proof of
23
completion of three hours of training and the required
registration fee to the City IDspections Department; and
(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 hearing.
(b)
The council shall conduct a public hearing 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 facie showing of cause for
revocation, suspension, or other action restricting the
privileges of a licensee as the Council may determine.
24
5A.408(4) Nondisclosure, misrepresentation or misstatement of a
material fact in any application for a license under this
chapter shall be a prima facie showinq of cause for
revocation, suspension, or other such action restrictinq
the privileges of a licensee as the Council may
determine.
Section 9:
License Fees
5A.409(1) License fees, inspection fees, and reinspection fees
shall be established by Council resolution.
Section 10: Conduct on Licensed Premises
5A.410(1) It shall be the responsibility of the licensee to take
appropriate action following conduct by persons occupying
the premises which is determined to be disorderly, in
violation of any of the following statutes or ordinances:
(a) Minn. Stat. §§ 609.75 through 609.76, which prohibit
gambling;
(b) Minn. Stat. §§ 609.321 through 609.324 which prohibit
prostitution and acts relating thereto;
(c) Minn. Stat. §§ 152.01 through 152.025, and §152.027,
subds. 1 and 2, which prohibit the unlawful sale or possession
of controlled substances;
(d) Minn. Stat.§ 340A.401, which prohibits the unlawful sale
of alcoholic beverages;
(e) Minn. Stat. § 609.33, which prohibits owning, leasing,
operating, managing, maintaining, or conducting a disorderly
house or inviting or attempting to invite others to visit or
remain in a disorderly house;
(f) Section 10.312 of this code, which prohibits noisy
assemblies;
(g) Minn. Stat. §§ 97B.021, 97B.045, 609.66 through 609.67 and
624.712 through 624.716, and section 10.307 of this code,
which prohibit the unlawful possession, transportation, sale
or use of a weapon; or
(h) Minn. Stat.§ 609.72, which prohibits disorderly conduct.
(i) Minn. Stat. ~ 609.221 throuqh 609.224, which prohibits
assaults, including domestic assault as defined in Minn. Stat.
§ 518B.01.
(j) Violation of laws relatinq to contributinq to need for
25
protection or services or delinquency of a minor as defined in
Minn. Stat. ~ 260.315.
(k) Section 8.201 et al. of this Ordinance which relates to
animal noises and public nuisances.
5A.410(2) The Police Chief (Department) shall be responsible for
enforcement and administration of this section.
5A.410(3) Upon determination by the Police Chief (Department) that
a licensed premises was used in a disorderly manner, as
described in section (1), the Police Chief (Department)
shall notify the licensee by mail of the violation and
direct the licensee to take steps to prevent further
violations.
5A.410(4) 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 five (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) throuqh 5A.408(4).
5A.410(5) If another instance of disorderly use of the licensed
premises occurs within three (3) months after any two (2)
previous instances of disorderly use for which notices
were sent to the licensee pursuant to this section, the
rental dwelling license for the premises may be denied,
revoked, suspended, or not renewed. An action to deny,
revoke, suspend, or not renew a license under this
section shall be initiated by the City Council at the
request of the Police Chief (Department) in the manner
described in Sections 5A.408(1) throuqh 5A.408(4).
5.410(6)
No adverse license action shall be imposed where the
instance of 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 be a bar to adverse
license action, however, unless they are diligently
pursued by the licensee. Further, an action to deny,
revoke, suspend, or not renew a license based upon
violations of this section may be postponed or
discontinued at any time if it appears that the licensee
has taken appropriate measures which will prevent further
instances of disorderly use.
5A.410(7) A determination that the licensed premises has been used
in a disorderly manner as described in subsection (1)
shall be made upon substantial evidence to support such
a determination. It shall not be necessary that criminal
charges be brought to support a determination of
disorderly use, nor shall the fact of dismissal or
acquittal of criminal charges operate as a bar to adverse
license action under this section.
Article V 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
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.
Section 3:
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 corporation who violates or refused
to comply with any of the provisions of this Chapter is
guilty of a misdemeanor, unless herein specifically
noted. Upon conviction of said misdemeanor they shall be
subject to a fine of not more than seven hundred dollars
($700.00) or to imprisonment not to exceed ninety (90)
days, or both, for each offense. Each day that a
violation exists shall constitute a separate offense.
SECTION 2:
This ordinance shall be in full force and effect
from and after thirty (30) days after its passage.
First Reading:
Second Reading:
Date of Passage:
Offered by:
Seconded by:
Roll Call:
Joseph Sturdevant, Sr., Mayor
Jo-Anne Student, Council Secretary
29