HomeMy WebLinkAboutJanuary 24, 2000OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
JANUARY 24, 2000
CALL TO ORDER/ROLL CALL
Present: Don Jolly, Marlaine &urek, dnlienne Wyckoff, John Hunter.
Absent.' Ga~y Peterson
2. PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS TO MEETING AGENDA
(The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items
brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.)
Council President Jolly addressed Item 5-C-1, New Employee Introduction.
Ken Anderson, Community Development Director, introduced Cheryl Bakken as the new Community
Development Secretary. She previously worked for Flemming Foods. Ms'. Bakken is schedtded at the Fridley
City Cotmoil meeting tonight to receive an award in her father's name, who recently passed away. Cotmoil
Members offered their sympathy for the loss of her father, Hensy Peterson. Anderson distributed a copy of t he
obitnasy to Coztnci[.
CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one
motion. Items removed from consent agenda approval will be taken up as next order of business.)
Dan Shattttck, 3801 Fan Buren Street, Cohtmbia Heights', requested Council remove item 4-A-8 fi'om the
Consent Agenda for discussion.
Motion by Councilmember Wyckoff, second by Councilmember Szurek, to approve the Consent
Agenda items as follows:
1) Minutes for Approval
Council approved the minutes of the January 10, 2000, Regular Council Meeting as
presented.
2)
Authorize Attendance of the Assistant Finance Director at the Annual GFOA Conference
Council authorized the attendance of Roxane Smith, Assistant Finance Director, at the
Annual Government Finance Officer's Association Conference from June 9 - June 14,
2000 and that all related expenses be reimbursed from Fund 101-41510.
Fehst indicated this conference will be hem in Chicago.
3)
Set Date for Board of Review
Council set the date for the Local Board of Review meeting for Monday, April 3, 2000,
at 7:00 p.m. which will be held in the City Council Chambers.
4)
Appoint Councilmember John Hunter as the Library Board City Council Liaison.
Council approved the appointment of Councilmember John Hunter as the City of
Columbia Heights Library Board Liaison.
Febst indicated Councilmember Hunter would be replacing Councilmember Jolly as
Liaison on the Library Board
Minutes for Regular City Council Meeting
of January 24, 2000
Page 2
5) Adopt Resolution No. 2000-09, Re-appointment of Economic Development Authority
Commissioner
Council waived the reading of Resolution 2000-09, there being ample copies
available to the public.
Council adopted Resolution No. 2000-09, Being a Resolution approving the Re-
appointment of Commissioner Jindra to the Columbia Heights Economic Development
Authority
RESOLUTION 2000-09
BEING A RESOLUTION APPROVING RE-APPOINTMENT OF COMMISSIONER JINDRA TO THE
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY.
WHEREAS, the City has, by the adoption of Resolution No. 96-01 (enabling resolution), duly created an
Economic Development Authority (EDA) for the City of Columbia Heights pursuant to Minnesota Statutes,
Chapter 469 (Act), and
WHEREAS, the Enabling Resolution provides that the Board of Commissioners of the EDA consist of seven
members, at least two, but not more than five, of whom must be members of the City Council, and
WHEREAS, the Mayor has this day re-appointed the following person as commissioner of the EDA for the term
as indicated:
Patricia Jindra
Term ending January 8, 2006
WHEREAS, the appointment to this term may be subject to change pending the outcome of the legal opinion
regarding the new U.S. Department of Housing and Urban Development requirement to increase resident
participation on public housing agency boards which includes the Columbia Heights Economic Development
Authority.
THEREFORE, BE IT RESOLVED that the City Council hereby approves the re-appointment of Patricia
Jindra to the Columbia Heights Economic Development Authority.
Passed this 24th day of January, 2000.
Offered by: Wyckoff
Seconded by: Szurek
Roll Call: All ayes
Gary L. Peterson, Mayor
Patricia Muscovitz, Deputy City Clerk
6)
Authorize Floor Refinish and Drain Project in the Fire Department
Council authorized TM! Coatings, Inc. of St. Paul Minnesota to install three trenches in
Fire Department apparatus floor, including removal of old flooring, repair of all cracks
and chips, repair of all missing pieces of concrete, and application of two heavy coats of
self-priming, low-odor epoxy flooring per manufacturers recommendations at a total cost
not to exceed $22,600, and to appropriate $22,600 to the General Fund, Undesignated
Fund, balance to the Fire Department budget.
Minutes for Regular City Council Meeting
of January 24, 2000
Page 3
7)
Adopt Resolution No. 2000-10 Establishing Compensation Rates (Volunteer Paid On
Call) Fire Division
Council waived the reading of the resolution, there being ample copies available to the
public.
Council adopted Resolution No. 2000-10, being a resolution establishing various
compensation rates for the Columbia Heights Fire Department Volunteer (Paid on Call)
Division regarding fire calls, station duty, and drills.
RESOLUTION NO. 2000-10
BEING A RESOLUTION ESTABLISHING VARIOUS COMPENSATION RATES
FOR THE COLUMBIA HEIGHTS FIRE DEPARTMENT
VOLUNTEER (PAID ON-CALL)
DIVISION REGARDING FIRE CALLS, STATION DUTY, AND DRILLS
WHEREAS, Resolution 2000-02 passed January 10, 2000, omitted a step for volunteer (paid on call)
firefighters after 60 months of active duty (from date of appointment to volunteer division); and
WHEREAS, wages for station duty and drills and fire calls for volunteers (paid on call) firefighters at such step
need to be established for 1999 and 2000.
NOW, THEREFORE, BE IT RESOLVED, that the following wage rates are hereby established:
STATION DUTY & DRILLS
1999 2000
After 60 Months of Active Duty (From
Date of Appointment to Volunteer Division) $7.25 $7.50
1999 Adjustments effective January 1, 1999
2000 Adjustments effective January 1, 2000
Passed this 24th day of January, 2000.
Offered by: Wyckoff
Seconded by: Szurek
Roll Call: All ayes
Patricia Muscovitz, Deputy City Clerk
8)
FIRE CALLS
1999 2000
$10.87 $11.25
Mayor Gary L. Peterson
Fehst indicated this was the first increase, of 3.5 percent, received in two years by this
group.
First Reading - Ordinance 1395, Being an Ordinance Amending Chapter 5A of the City
Code of 1977, Pertaining to the Housing Maintenance Code
Council President dolly removed ireraft'ore the consent agenda for later discussion.
Minutes for Regular City Council Meeting
of January 24, 2000
Page 4
9)
City Newsletter Printing Quotations for 2000
Council authorized the Mayor and City Council to enter into an agreement with
Nystrom's Publishing for printing, publishing, and distributing the City newsletter based
upon their proposal of estimated yearly cost of $19,954.32 for four publications in 2000.
Fehst indicated four bids were sent out, only two were received back, with this bid the
lowest by a considerab[e amount.
lO)
Approve License Applications
Council approved the items as listed on the business license agenda for January 24, 2000,
and to waive the license fee for the temporary on sale liquor license for Immaculate
Conception Church.
11)
Payment of Bills
Council authorized payment of bills as listed out of proper funds.
12)
Purchase and install rooftop furnace/air conditioner
Council authorized the Staff to award the purchase and installation of the heating and air
conditioning unit to Suburban Air based upon their low, qualified, responsible bid in the
amount of $4,390, with funds to be appropriated from 101-41940-5120; and
furthermore, to authorize the Mayor and City Manager to enter into an agreement for the
same.
13)
Establish Hearing Dates Re: License Revocation or Suspension of Rental Properties at
4610 Fillmore Street, 4022 Madison Street, and 4356 5th Street
- Council established a Hearing Date of February 14, 2000 for Revocation or Suspension
of a License to Operate a Rental Property within the City of Columbia Heights against
Mohsen Dessouki at 4610 Fillmore Street.
- Council established a Hearing Date of February 14, 2000 for Revocation or Suspension
of a License to Operate a Rental Property within the City of Columbia Heights against
Loretta Robertson at 4022 Madison Street.
- Council established a Hearing Date of February 14, 2000 for Revocation or Suspension
of a License to Operate a Rental Property within the City of Columbia Heights against
Ginger Duckworth at 4356 5th Street
Consent agenda vote - All ayes. Motion canqed
Wyckoff commended Patty Mnscovitz, new Council Secretacy, on the new way of fo~w~atting miralies by
showing discussion items in italics.
Item 4-A-8 First Reading - Ordinance 1395, Being an Ordinance Amending Chapter 5A of the City
Code of 1977, Pertaining to the Housing Maintenance Code
Dan Shatnick, 3801 Fan Buren, addressed the Council to support the changes recommended to the
Housing Maintenance Code. He listed the properties he owns in Cohlmbia Heights and indicated he
also own properties it! SZllTozlnding commzlnities. He is a member of the local and metro bollsing
Minutes for Regular City Council Meeting
of January 24, 2000
Page 5
boards. He thanked Dana Alexon, Assistant Fire Chiefand Ryan Case, Metro Housing Boa~ for their
work on this issue and the resohition of differences between staff and landlords. Staff will be liberal and
reasonable in time extensions for property re-inspections. Alexon also thanked Mr. Shattuck for taking
the time to work with himself and Ryan (Vase.
Wyckoff suggested Mr. Shattuck consider applying for the Planning and Zoning Commission. Jolly
indicated the need for people to participate on commissions, with Council possibly stepping down and
becoming commission liaisons.
HaroM Hoium, 4321 5'~' Street requested the City Atton~ey read the ordinance to the public.
ORDINANCE NO. 1395
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853,
CITY CODE OF 1997, AS AMENDED PERTAINING TO THE
RESIDENTIAL 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, shall be further amended as follows:
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.
Minutes for Regular City Council Meeting
of January 24, 2000
Page 6
5^.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
s^.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.
Building official. Agent designated by the City Manager to enforce provisions of the Housing
Maintenance Code.
(g) Clean. The absence of rubbish, garbage, vermin or other unsightly, offensive or extraneous matter.
(h) Dwelling. A structure or portion thereof designed exclusively for residential occupancy, including
Minutes for Regular City Council Meeting
of January 24, 2000
Page 7
boarding and lodging houses, but not including hotels and motels.
(i) Dwelling Unit. Dwelling unit has the same meaning as apartment unit (within this Code).
(J)
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.
(k)
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.
(1)
Functioning. In such physical condition as to safely perform the service or services for which an item
is designed or intended.
(m) Garbage. Garbage is defined in 5.605(2)(a).
(n)
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.
(o)
Hot Water. Water heated to a temperature of not less than 110 degrees Fahrenheit, measured at
faucet outlet.
(P)
Housing Code. Section 5A of this Code together with the Uniform Housing Code, 1985 Edition,
International Conference of Building Officials.
(q)
Infestation. The presence within or around a dwelling or dwelling unit of any insect, rodent, vermin
or other pest.
(r)
Kitchen. A habitable room within a dwelling unit intended to be used for the cooking of food or
preparation of meals.
(s)
Occupant. Any person (including owner or operator) 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 structure.
Minutes for Regular City Council Meeting
of January 24, 2000
Page 8
(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.
(cc) Rubbish. Rubbish is defined in 55.605(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.
Unsafe. As applied to a structure, a condition or a combination of conditions which are dangerous
or hazardous to persons or property.
(gg) Unsanitary. Conditions which are dangerous or hazardous to the health of persons.
(hh)
Water Closet. A toilet, with a bowl and trap made in one piece, which is connected to the City water
and sewage system or other approved water supply and sewer system.
5A. 103(2)
Whenever the words "dwelling," "dwelling unit," "premises," or "structures" 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 dwelling unit must contain a kitchen sink in good working condition and properly
Minutes for Regular City Council Meeting
of January 24, 2000
Page 9
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 dwelling unit must contain a counter or table for food preparation and must
contain cabinets and/or shelves for storage or eating, drinking and cooking equipment and utensils
and of food that does not require refrigeration for safekeeping. All cabinets, shelves, counter tops,
and tables shall be of sound construction covered with surfaces that are easily cleanable and that will
not impart any toxic or deleterious effect to food.
(c)
Food Storage and Preparation. Each dwelling 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.
(d)
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.
(e)
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.
(g)
Stairways, Porches and Balconies. Every stairway or flight of stairs, whether inside or outside of a
dwelling, and every porch or balcony shall be kept in safe condition, sound repair, and free of
deterioration. Every stairwell and every flight of stairs which is 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
Minutes for Regular City Council Meeting
of January 24, 2000
Page 10
be capable of supporting a live load or one hundred (100) pounds per square foot of
projection.
horizontal
(h)
Access to Dwelling Unit. Access to or egress from each dwelling unit shall be provided without
passing through any other dwelling unit.
(ix)
All 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:
(1)
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.
(2)
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 code edition under which installed.
(J)
All repairs, replacements or maintenance to the structure or dwelling unit shall be installed or made
so as to be compatible with the surrounding building materials and general appearance of the existing
area.
Section 2: Door and Window Locks
SA.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. The enumerated keys must be present in the lock box at all times. A
communication system or device such as an intercom, telephone, audible bell or buzzer or other
approved means or making contact with the tenants must be provided.
(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) All ingress, egress and interior doors shall be kept free of holes and/or punctures.
Minutes for Regular City Council Meeting
of January 24, 2000
Page 11
Section 3: Light, Ventilation, and Electric
s^.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 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 Egress. Sleeping rooms in buildings existing prior to this code must have window
or door openings for egress of no less than four (4) square feet or the minimum size required by the
Building Code in effect when the dwelling was constructed. Space that is added on or converted to
sleeping rooms must meet the applicable codes at the time of conversion for habitable rooms and
provide a means of egress with openable area of no less than 5.7 square feet.
(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 over current protection devices,
functioning electrical outlets, and functioning electrical fixtures which are properly installed, which
shall be maintained in a safe working condition and which shall be connected to a source of electric
power in a manner prescribed by §6.201(1). The minimum capacity of such electric outlets and
fixtures shall be as follows:
(1)
A dwelling containing two or more units shall have at least the equivalent or sixty (60)
ampere, three-wire electric service per dwelling unit.
(2)
Each dwelling unit shall have a least one branch electric circuit for each six hundred (600) feet
of dwelling unit floor area.
(3)
Every habitable room shall have at least the lessor of two floor or wall type electric
convenience outlets or one such outlet for each sixty (60) square feet or fraction thereof of
total floor area; provided, however, the one ceiling or wall type light fixture may be
substituted for one required electric outlet.
(4)
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.
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,
Minutes for Regular City Council Meeting
of January 24, 2000
Page 12
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.
(d) 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 requirements, to-wit;
(a)
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.
If25% or more of the total exterior surface of the pointing of any brick, block or stone wall is loose
or has fallen out, the surface shall be protected as heretofore provided.
(b)
Windows, Doors and Screens. Every window, exterior door and hatchway shall be tight and shall
be kept in repair. Every window other than fixed window shall be capable of being easily opened and
shall be equipped with screens between May 1 and September 30, inclusive, of each year. Every
window, door and frame shall be constructed and maintained in such relation to the adjacent wall
construction as to completely exclude rain, vermin, rodents, and insects from entering the building.
(c) Floors, Interior Walls and Ceilings. Every floor, interior wall and ceiling shall be protected against
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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.
(d)
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 ~A" diameter or
larger shall be rodent-proofed in an approved manner. interior floors, basements, cellars and other
areas in contact with the soil shall be enclosed with concrete or other rodent impervious material.
(e)
Fence Maintenance. All fences on the premises where the dwelling or dwelling unit is located shall
be maintained in accordance with {}6.401 to {}6.403, inclusive, of this City Code.
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 oaf e to use
and capable of supporting normal structural loads.
(h)
Facilities to Function. All equipment, utilities, chimney and flue required under City Code shall
function effectively in a safe, 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:
(1)
For the first occupant, 150 square habitable room floor space and for every additional
occupant thereof, at least 100 square feet of habitable room floor space.
(2)
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 this {}5A.207
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(a) Definitions. For the purposes of this Section, the following terms shall have the meanings stated:
(1)
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.
(2)
Landscape. Site amenities, including trees, shrubs, ground covers, flowers, fencing, berms,
retaining walls, and other outdoor finishings.
(3)
Mechanical Equipment. Heating, ventilation, exhaust, air conditioning, and communication
units integral to and located on top beside, or adjacent to a building.
(4)
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.
Screening. A barrier which blocks all views from public roads and differing land uses to off-
street parking areas, loading areas, service and utility areas, and mechanical equipment.
(b)
Every yard of any premises on which a dwelling or dwelling unit is located shall have installed and
maintained landscaping in accordance with the provisions of this section.
(1)
Sodding and Ground Cover. All exposed ground area surrounding he 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.
(2)
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 weed mixtures or
reforestation, terracing, or retaining walls. Berming used to provide required screening of
parking lots and other open areas shall not have slopes in excess of three (3) to one (I).
(3)
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.
(4)
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.
Weeds. The maintenance and upkeep of all lawns and yards shall be subject to Chapter 4,
Article II, Section 3 of the Columbia Heights City Code, which is incorporated herein by
reference.
(c)
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
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(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.
(d)
Other Parking Lot Screening. All parking lots for dwellings of three (3) or more units which are not
required to be screened pursuant to §5A.207(1)(c) must either provide screening pursuant to
§5A.207 (1) (c) or provide a minimum on one deciduous tree for every forty-five (45) feet or portion
thereof of parking lot perimeter planted adjacent to the nearest roadway abutting the property on
which the parking lot is located.
(e)
Fences. All fences and screening devices shall be built and regulated in accordance with Chapter 6,
Article IV of the Columbia Heights City Code, which is incorporated herein by reference.
Outside storage of articles, equipment, construction materials, items not designed for exterior use,
and miscellaneous items, including but not limited to, lawn mowers and other lawn maintenance
equipment shall not be allowed. A weather tight, 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
5^.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, 1998.
(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
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unit in dwellings consisting of three (3) or more units. Lighting must be available for parking areas
and walkways. Between the parking area and the dwelling unit for dwellings of two (2) or less units.
(g)
In dwellings of three (3) or more units, parking areas and pedestrian walkways must have a minimum
light of 1 foot candle, and the maximum light at the boundary line of the premises may not exceed 3
foot candles.
(h)
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, 1998.
(i)
Commercial Vehicles and Junk Cars.
accordance with Chapter 7, Article II,
incorporated herein by reference.
Commercial Vehicles and junk cars shall be regulated in
Section 5 of the Columbia Heights City Code, which is
s^.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 over current protection.
(c)
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 be guilty of a
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
s^.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 while actual repairs or
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alterations are made or during temporary emergencies.
Section 11: Public Health and Safety
S^.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.
Rodent Harborages Prohibited in Public Areas. No owner of a dwelling containing two or more
dwelling units shall accumulate or permit the accumulation of boxes, lumber, scrap metal or any other
similar materials in such a manner that may provide a rodent harborage in or about shared or public
areas of a dwelling or its premises.
Prevention of Food for Rodents. No owner or occupant of a dwelling or dwelling unit shall store,
place, or allow to accumulate any materials that may serve as food for rodents in a site accessible to
rodents.
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.
Responsibility for Pest Extermination. Every occupant of a dwelling containing a single dwelling unit
shall be responsible for the extermination of vermin infestations and/or rodents on the premises.
Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be
responsible for such extermination whenever his/her dwelling unit is the only one infested.
Notwithstanding, however, whenever infestation is caused by the failure of the owner to maintain a
dwelling in a reasonable rodent-proof or reasonable vermin-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 pans 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
s^.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
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5^.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
s^.303 (1)
Each dwelling or multiple dwelling which is the subject of a rental license shall be inspected at least
once annually, subject to section 5A.303(2).
s^.303 (2)
Inspections on individual dwelling units shall be required for tenant occupancy changes under the
following 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 Compliance Orders by the Inspection Department or Enforcement Officer of the City of
Columbia Heights; or
(b)
During the past year, two or more tenant complaints on single family/duplex/triplex have been
received or four or more tenant complaints on a four-plex or other multiple dwelling have been
received and substantiated (Housing Maintenance Code violations were issued based on the
complaints). Multiple complaints arising out of the same maintenance problem, which occur within
a period of one week, shall be considered to be one complaint for the purposes of this Section.
If any one of the above set forth conditions occur, the City Inspections Department will notify the
landlord, in writing, that the landlord will be hence forth required to have the building inspected upon
each tenant occupancy change. It will also be the responsibility of the landlord to provide a list of
current occupants and a 72 hour notification of a new tenant move-in. The tenant occupancy change
inspections shall occur for a period of one year from the date of notification by the City Inspections
department, however, that time shall be extended if any of the above set forth conditions continue to
exist.
Section 4: Compliance Order
5A.304(1)
Whenever the Enforcement Officer 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
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the person to whom the notice is directed of the right to appeal; and
(d)
Be served upon the owner of his/her agent or the occupant, as the case may require. Such notice
shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy
thereof is:
(1) Served upon him/her personally,
(2) Sent by certified mail return receipt requested to his/her last known address, or,
(3)
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 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
5^.305(1)
The Enforcement Official may post any building or structure covered by this ordinance an 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
5^.307(1)
Upon at least five (5) business days notice to the appellant of the time and place for hearing the
appeal and within 30 days after said appeal is filed, the Board of Appeals shall hold a hearing thereon.
All hearing notices shall be given in the same manner prescribed for giving notice of Compliance
Orders under 5A.303(1). All appeals shall be conducted in accordance with Sec. 203, Uniform
Housing Code, 1985 edition, International Conference of Building Officials.
Article IV Licensing
Section 1: License Required
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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 in 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)
Application shall be made on forms provided by the City and accompanied by the initial fee in an
amount set by resolution of the City Council. The owner of an apartment building or rental home
constructed after the date of passage of this Ordinance shall obtain a license prior to actual occupancy
of any rental unit therein.
(b) Applicants shall provide the following information on license applications:
(1)
Name and address of owner of the rental dwelling and the name and address of the operator
or agent actively managing said rental dwelling.
(2) The name and address of the vendee if the rental dwelling is being sold on a contract for deed.
(3) The legal description and address of the rental dwelling.
(4)
The number and kind of units within the rental dwelling, the floor area for each such unit and
the total floor area for the building.
The number of toilet and bath facilities shared by the occupants of two or more dwelling
units.
(6) A description of the type of construction of the exterior of the building.
(7) The number of paved off-street parking spaces available.
(8)
Name and address of person to whom owner/applicant wishes a certified letter to be sent for
purposes of {}5A.303 (1)(d).
(9)
All owners of rental dwellings shall provide telephone access number(s) to be used in
emergency situations, including emergency maintenance and repair. This requirement shall
be a condition precedent to the issuance of any rental license.
(10)
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).
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(c) Failure to complete, in full, the required license application shall be grounds 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
requirement 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 shall state that the structure has been inspected and is in
compliance with the requirements of the Code. The present owner or any agent designated by the
present owner or occupant shall obtain a license. If the City finds that the circumstances of
occupancy following the issuance of the license involve possible Code violations, substandard
maintenance or abnormal wear and tear, the City may again inspect 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 or 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 shall be set by resolution of the Council.
Section 7: License Renewal
5A.407(1)
All rental licenses shall be effective for a period of one year. However, renewal of licenses, as
required annually by this Code, may be made by:
(a)
Completing the renewal form furnished to the owner, operator, or agent of the rental dwelling, by the
City Inspection Department, and
(b) Attendance by the landlord or property manager at three or more hours of continuing education
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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 completion of three hours of training and the
required registration fee to the City Inspection 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, provide the licensee with a written statement or 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.
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 showing of cause for revocation, suspension, or other such
action restricting the privileges of a licensee as the Council may determine.
Section 9: License Fees
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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) MN Stat. {}609.75 through 609.76, which prohibit gambling;
(b) MN Stat. {}609.321 through 609.324 which prohibit prostitution and acts relating thereto;
(c)
MN Stat. {} 1 52.01 through 152.025, and {} 1 52.027, subds. ! and 2, which prohibit the unlawful
sale or possession of controlled substances;
(d) MN Stat. {}340A.401, which prohibits the unlawful sale of alcoholic beverages;
(e)
MN Stat. {}609.33, which prohibits owning, leasing, operating, managing, maintaining, or conducting
a disorderly house or inviting or attempting to invite others to visit or remain in a disorderly house;
(f) Section 10.312 of this code, which prohibits noisy assemblies;
(g)
MN Stat. {}97B.021, 97B.045, 609.66 through 609.67 and 624.712 through 624.716, and section
10.307 of this code, which prohibit the unlawful possession, transportation, sale or use of a weapon;
or
(h) MN Stat. {}609.72, which prohibits disorderly conduct.
(i)
MN Stat. {}609.221 through 609.224, which prohibits assaults, including domestic assault as defined
inMN Stat. {} 518B.01.
(J)
Violation of laws relating to contributing to need for protection or services or delinquency of a minor
as defined in MN 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 5 days of
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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 describe( in Sections 5A.408 (1) through 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) through 5A.408 (4).
5A.410(6)
No adverse license action shall be imposed where the instance or disorderly use of a licensed premises
occurred during the pendency of eviction proceedings (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
s^.s01(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
s^.s02(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
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5^.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, 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 §5A. 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 I! (§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 unit for the 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 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 unit shall fail to allow or refuse entry to the Building
Official, for purposes of inspection when authorized by this Code.
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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.
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Shall hereafter read as follows, to wit:
Chapter 5A
Article I
RESIDENTIAL MAINTENANCE CODE
General Provisions
Section 1:
5A. 101(1)
(a)
(b)
(c)
(d)
(e)
s^.101(2)
Section 2:
5A. 102(1)
Statement of Purpose
The purpose of the Residential Maintenance Code (hereinafter referred to in Chapter 5A as "Code")
is to protect the public health, safety and general welfare of the people of this City. These objectives
include, among others, the following;
To protect the character and stability of residential areas within the city;
To correct and prevent housing conditions that adversely affect or are likely to adversely affect the
life, safety, general welfare, and health;
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;
To prevent the overcrowding of dwellings;
To provide minimum standards for the maintenance of existing residential buildings and to thus
prevent substandard housing and blight;
To preserve the value of land and buildings throughout the city.
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.
Applicability
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
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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, dwelling unit, or 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.
(f) Clean. The absence of rubbish, garbage, vermin or other unsightly, offensive or extraneous matter.
(g)
Dwelling. A structure or portion thereof designed exclusively for residential occupancy, including
boarding and lodging houses, but not including hotels and motels.
(h) Dwelling Unit. Dwelling unit has the same meaning as apartment unit (within this Code).
(i)
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.
(J)
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.
(k)
Functioning. In such physical condition as to safely perform the service or services for which an item
is designed or intended.
(1) Garbage. Garbage is defined in 5.605(2)(a).
(m)
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.
(n)
Hot Water. Water heated to a temperature of not less than 110 degrees Fahrenheit, measured at
faucet outlet.
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(o)
Housing Code. Section 5A of this Code together with the Uniform Housing Code, 1985 Edition, as
amended, International Conference of Building Officials.
(P)
Housing Enforcement Officer. Agent designated by the City Manager to enforce provisions of the
Residential Maintenance Code.
(q)
Infestation. The presence within or around a dwelling or dwelling unit of any insect, rodent, vermin
or other pest.
(r)
Kitchen. A habitable room within a dwelling unit intended to be used for the cooking of food or
preparation of meals.
(s)
Occupant. Any person (including owner or operator) 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 structure.
(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, except such dwellings for
which all units are occupied by the owner or persons who are the owner's child, stepchild, daughter-
in-law, son-in-law, parent, stepparent, parent-in-law, grandchild, grandparent, brother, brother-in-law,
sister, sister-in-law, aunt or uncle. 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.
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(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.
(cc) Rubbish. Rubbish is defined in 55.605(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.
(23
Unsafe. As applied to a structure, a condition or a combination of conditions which are dangerous
or hazardous to persons or property.
(gg) Unsanitary. Conditions which are dangerous or hazardous to the health of persons.
(hh)
Water Closet. A toilet, with a bowl and trap made in one piece, which is connected to the City water
and sewage system or other approved water supply and sewer system.
5^.103(2)
Whenever the words "dwelling," "dwelling unit," "unit," "premises," or "structures" 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
5^.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 dwelling 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 dwelling unit must contain a counter or table for food preparation and must
contain cabinets and/or shelves for storage or eating, drinking and cooking equipment and utensils
and of food that does not require refrigeration for safekeeping. All cabinets, shelves, counter tops,
and tables shall be of sound construction covered with surfaces that are easily cleanable and that will
not impart any toxic or deleterious effect to food.
(c)
Food Storage and Preparation. Each dwelling 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
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space and adequate functioning connections for the installation and operation of the stove and
refrigerator must exist.
(d)
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.
(e)
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.
(g)
Stairways, Porches and Balconies. Every stairway or flight of stairs, whether inside or outside of a
dwelling, and every porch or balcony shall be kept in safe condition, sound repair, and free of
deterioration. Every stairwell and every flight of stairs which is 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.
(h)
Access to Dwelling Unit. Access to or egress from each dwelling unit shall be provided without
passing through any other dwelling unit.
(i)
All buildings and/or maintenance improvements inspected pursuant to Chapter 5A, the Residential
Maintenance Code, shall be judged and inspected in accordance with the applicable Uniform Building
Code and Uniform Fire Code, as follows:
(1)
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.
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(2)
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 code edition under which installed.
(J)
All repairs, replacements or maintenance to the structure or dwelling unit shall be installed or made
so as to be compatible with the surrounding building materials and general appearance of the existing
area.
Section 2: Door and Window Locks
s^.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. The enumerated keys must be present in the lock box at all times. A
communication system or device such as an intercom, telephone, audible bell or buzzer or other
approved means of 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)
All ingress, egress and interior doors shall be kept free of holes and/or punctures. All ingress, egress
or interior doors which separate a unit from another unit or a common area or the exterior of the
building shall be replaced with doors made of approved solid-core construction. Said replacement
shall occur when any such door is in violation of this section and repairs cannot effectively correct
the violation.
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
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affording ventilation which has been approved by the Building Official. The minimum total of
openable window area in every habitable room shall be the greater of four percent (4%) of the floor
area of the room or four (4) square feet.
(b)
Sleeping Room Egress. Sleeping rooms in buildings existing prior to this code must have window
or door openings for egress of no less than four (4) square feet or the minimum size required by the
Building Code in effect when the dwelling was constructed. Space that is added on or converted to
sleeping rooms must meet the applicable codes at the time of conversion for habitable rooms and
provide a means of egress with openable area of no less than 5.7 square feet.
(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 over current protection devices,
functioning electrical outlets, and functioning electrical fixtures which are properly installed, which
shall be maintained in a safe working condition and which shall be connected to a source of electric
power in a manner prescribed by {}6.201(1). The minimum capacity of such electric outlets and
fixtures shall be as follows:
(1)
A dwelling containing two or more units shall have at least the equivalent or sixty (60)
ampere, three-wire electric service per dwelling unit.
(2)
Each dwelling unit shall have a least one branch electric circuit for each six hundred (600) feet
of dwelling unit floor area.
(3)
Every habitable room shall have at least the lessor of two floor or wall type electric
convenience outlets or one such outlet for each sixty (60) square feet or fraction thereof of
total floor area; provided, however, the one ceiling or wall type light fixture may be
substituted for one required electric outlet.
(4)
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.
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
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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.
(d) No owner shall supply portable electric heaters to comply with this § 5.204(1).
Section 5: Foundation, Exterior Walls and Roofs
5^.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 requirements, to-wit;
(a)
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.
If25% or more of the total exterior surface of the pointing of any brick, block or stone wall is loose
or has fallen out, the surface shall be protected as heretofore provided.
(b)
Windows, Doors and Screens. Every window, exterior door and hatchway shall be tight and shall
be kept in repair. Every window other than fixed window shall be capable of being easily opened and
shall be equipped with screens between May 1 and September 30, inclusive, of each year. Every
window, door and frame shall be constructed and maintained in such relation to the adjacent wall
construction as to completely exclude rain, vermin, rodents, and insects from entering the building.
(c)
Floors, Interior Walls and Ceilings. Every floor, interior wall and ceiling shall be protected against
the passage and harborage of vermin and rodents and shall be kept in sound condition and good
repair. Every floor shall be free of loose, warped, protruding or rotted flooring materials. Every
interior wall and ceiling shall be maintained in a 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.
(d) Rodent Proof. Each part of every dwelling shall be rodent resistant. All openings in exterior walls,
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foundations, basements, ground or first floors or roofs which have an opening of ~A" diameter or
larger shall be rodent-proofed in an approved manner. interior floors, basements, cellars and other
areas in contact with the soil shall be enclosed with concrete or other rodent impervious material.
(e)
Fence Maintenance. All fences on the premises where the dwelling or dwelling unit is located shall
be maintained in accordance with {}6.401 to {}6.403, inclusive, of this City Code.
Accessory Structure Maintenance. Accessory structures on the premises where the dwelling or
dwelling unit is located shall be structurally sound and maintained in good repair. The exterior of
such structures shall be covered with decay-resistant materials such as paint or other preservatives.
(g)
Safe Building Elements. Every foundation, roof, floor, exterior wall, interior wall, ceiling, inside stair,
outside stair, porch, balcony and every appurtenance to each of the foregoing shall be safe to use and
capable of supporting normal structural loads.
(h)
Facilities to Function. All equipment, utilities, chimney and flue required under City Code shall
function effectively in a safe, 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:
(1)
For the first occupant, 150 square habitable room floor space and for every additional
occupant thereof, at least 100 square feet of habitable room floor space.
(2)
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 this {}5A.207
(a) Definitions. For the purposes of this Section, the following terms shall have the meanings stated:
(1)
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.
(2) Landscape. Site amenities, including trees, shrubs, ground covers, flowers, fencing, berms,
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retaining walls, and other outdoor finishings.
(3)
Mechanical Equipment. Heating, ventilation, exhaust, air conditioning, and communication
units integral to and located on top beside, or adjacent to a building.
(4)
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.
Screening. A barrier which blocks all views from public roads and differing land uses to off-
street parking areas, loading areas, service and utility areas, and mechanical equipment.
(b)
Every yard of any premises on which a dwelling or dwelling unit is located shall have installed and
maintained landscaping in accordance with the provisions of this section.
(1)
Sodding and Ground Cover. All exposed ground area surrounding he 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.
(2)
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 weed mixtures or
reforestation, terracing, or retaining walls. Berming used to provide required screening of
parking lots and other open areas shall not have slopes in excess of three (3) to one (I).
(3)
Maintenance. Any dead trees, shrubs, ground covers and sodding shall be removed and/or
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.
(4)
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.
Weeds. The maintenance and upkeep of all lawns and yards shall be subject to Chapter 4,
Article II, Section 3 of the Columbia Heights City Code, which is incorporated herein by
reference.
(c)
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
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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.
(d)
Other Parking Lot Screening. All parking lots for dwellings of three (3) or more units which are not
required to be screened pursuant to {}5A.207(1)(c) must either provide screening pursuant to
{}5A.207 (1) (c) or provide a minimum on one deciduous tree for every forty-five (45) feet or portion
thereof of parking lot perimeter planted adjacent to the nearest roadway abutting the property on
which the parking lot is located.
(e)
Fences. All fences and screening devices shall be built and regulated in accordance with Chapter 6,
Article IV of the Columbia Heights City Code, which is incorporated herein by reference.
Outside storage of articles, equipment, construction materials, items not designed for exterior use,
and miscellaneous items, including but not limited to, lawn mowers and other lawn maintenance
equipment shall not be allowed. A weather tight, 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.
5^.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, 1998.
(b) The required parking space must have a minimum width of 9 feet and a minimum length of 20 feet.
(c)
(d)
(e)
(g)
All required parking spaces must be surfaced with asphalt or concrete.
Curb guards and/or guardrails must be provided for parking spaces situated above retaining walls.
An unobstructed path must be provided between parking areas and the dwelling unit.
Lighting must be provided for parking areas and walkways between the parking area and the dwelling
unit in dwellings consisting of three (3) or more units. Lighting must be available for parking areas
and walkways. Between the parking area and the dwelling unit for dwellings of two (2) or less units.
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
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foot candles.
(h)
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, 1998.
(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.
s^.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. Chapter
34. 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. When a living unit has more than one floor
or level, a detector shall be mounted on every level of the unit. 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 over current protection.
(c)
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 be guilty of a
misdemeanor pursuant to §5A.611.
(d)
Combustible material shall not be stored in boiler rooms, mechanical rooms or electrical equipment
rooms.
Section 10: Discontinuation of Service or Facilities.
SA.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 while actual repairs or
alterations are made or during temporary emergencies.
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Section 11: Public Health and Safety
S^.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.
s^.21 (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.
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.
Responsibility for Pest Extermination. Every occupant of a dwelling containing a single dwelling unit
shall be responsible for the extermination of vermin infestations and/or rodents on the premises.
Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be
responsible for such extermination whenever his/her dwelling unit is the only one infested.
Notwithstanding, however, whenever infestation is caused by the failure of the owner to maintain a
dwelling in a reasonable rodent-proof or reasonable vermin-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 pans 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
The City Manager and his/her designated agents shall be the Housing Enforcement Officer who shall
administer and enforce the provisions of the Ordinance. Inspections shall be conducted during
reasonable hours, and, upon request the Housing Enforcement Officer 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
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5^.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 Housing Enforcement Officer 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
s^.303 (1)
Each dwelling or multiple dwelling which is the subject of a rental license shall be inspected in
accordance with the city' s "Rental Inspection Policy", subject to section 5A. 303 (2).
s^.303 (2)
Inspections on individual dwelling units shall be required for tenant occupancy changes under the
following conditions;
(a)
During each of the past two years that the owner or landlord has applied for license renewal, they
have failed to correct Residential Maintenance Code violations on a timely basis, as evidenced by two
written Compliance Orders by the Housing Enforcement Officer of the City of Columbia Heights; or
(b)
During the past year, two or more tenant complaints on single family/duplex/triplex have been
received or four or more tenant complaints on a four-plex or other multiple dwelling have been
received and substantiated (Residential 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 Housing Enforcement Officer 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 Housing
Enforcement Officer, 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 Housing Enforcement Officer 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
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(d) Advise the person to whom the notice is directed of the right to appeal; and
(e)
Be served upon the owner of his/her agent or the occupant, as the case may require. Such notice
shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy
thereof is:
(1) Served upon him/her personally,
(2) Sent by certified mail return receipt requested to his/her last known address, or,
(3)
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 correction of all Residential Maintenance Code violations as set forth in the Compliance Order,
the Housing Enforcement Officer shall, upon request of the owner or landlord, issue a written
statement that all violations have been corrected in accordance with the Columbia Heights
Residential Maintenance Code.
Section 5: Posting to Prevent Occupancy
5^.305(1)
The Housing Enforcement Officer may post any building or structure covered by this ordinance an
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 Housing Enforcement Officer 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 Ordinance or upon a misstatement or mistake of fact, such
person may appeal as set forth in {}6.202(1).
Section 7: Board of Apeals
5^.307(1)
Upon at least five (5) business days notice to the appellant of the time and place for hearing the
appeal and within 30 days after said appeal is filed, the Board of Appeals shall hold a hearing thereon.
All hearing notices shall be given in the same manner prescribed for giving notice of Compliance
Orders under 5A.303(1). All appeals shall be conducted in accordance with Sec. 203, Uniform
Housing Code, 1985 edition, International Conference of Building Officials.
Article IV Licensing
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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 Housing Enforcement Officer. Each such license shall
register annually with the City. If the license in 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 Housing Enforcement Officer for a rental housing license in the manner hereafter
prescribed.
(a)
Application shall be made on forms provided by the City and accompanied by the initial fee in an
amount set by resolution of the City Council. The owner of an apartment building or rental home
constructed after the date of passage of this Ordinance shall obtain a license prior to actual occupancy
of any rental unit therein.
(a) Applicants shall provide the following information on license applications:
(1)
Name and address of owner of the rental dwelling and the name and address of the operator
or agent actively managing said rental dwelling.
(2) The name and address of the vendee if the rental dwelling is being sold on a contract for deed.
(3) The address of the rental dwelling.
(4)
The number and kind of units within the rental dwelling, the floor area for each such unit and
the total floor area for the building.
(5) The number of paved off-street parking spaces available.
(6)
Name and address of person to whom owner/applicant wishes a certified letter to be sent for
purposes of {}5A.303 (1)(d).
(7)
All owners of rental dwellings shall provide telephone access number(s) to be used in
emergency situations, including emergency maintenance and repair. This requirement shall
be a condition precedent to the issuance of any rental license.
(8)
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).
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(c) Failure to complete, in full, the required license application shall be grounds for denial of the license.
Section 3: Application and Inspection
5A.403(1)
When required in accordance with the city's "Rental Inspection Policy" the Housing Enforcement
Officer shall cause an inspection to be made of the premises to insure that the structure is in
compliance with the requirement of the Code prior to issuance of a Rental Housing License.
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 shall state that the structure has been inspected and is in
compliance with the requirements of the Code. The present owner or any agent designated by the
present owner or occupant shall obtain a license. If the City finds that the circumstances of
occupancy following the issuance of the license involve possible Code violations, substandard
maintenance or abnormal wear and tear, the City may again inspect 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 or a prospective tenant or the
Housing Enforcement Officer or his/her authorized representative.
Section 6: License Transfer
5A.406(1)
The license is transferable upon application to the Housing Enforcement Officer and payment of the
license transfer fee by the prospective owner if the licensed premises is in compliance with the Code.
The license shall terminate if renewal or application for transfer is not made within 30 days after
transfer of ownership of the dwelling unit. The amount of the transfer shall be set by resolution of
the Council.
Section 7: License Renewal
5A.407(1)
All rental licenses shall be effective for a period of one year. However, renewal of licenses, as
required annually by this Code, may be made by:
(a)
Completing the renewal form furnished to the owner, operator, or agent of the rental dwelling, by the
Housing Enforcement Officer and
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(b) Mailing the renewal form and the required registration fee to the Housing Enforcement Officer, and
(c)
Successful completion of the 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 Housing Enforcement Officer, provide the licensee with a written statement or
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 Housing 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.
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 showing of cause for revocation, suspension, or other such
action restricting 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
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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) MN Stat. {}609.75 through 609.76, which prohibit gambling;
(b) MN Stat. {}609.321 through 609.324 which prohibit prostitution and acts relating thereto;
(c)
MN Stat. {} 1 52.01 through 152.025, and {} 1 52.027, subds. ! and 2, which prohibit the unlawful
sale or possession of controlled substances;
(d) MN Stat. {}340A.401, which prohibits the unlawful sale of alcoholic beverages;
(e)
MN Stat. {}609.33, which prohibits owning, leasing, operating, managing, maintaining, or conducting
a disorderly house or inviting or attempting to invite others to visit or remain in a disorderly house;
(f) Section 10.312 of this code, which prohibits noisy assemblies;
(g)
MN Stat. {}97B.021, 97B.045, 609.66 through 609.67 and 624.712 through 624.716, and section
10.307 of this code, which prohibit the unlawful possession, transportation, sale or use of a weapon;
or
(h) MN Stat. {}609.72, which prohibits disorderly conduct.
(i)
MN Stat. {}609.221 through 609.224, which prohibits assaults, including domestic assault as defined
inMN Stat. {} 518B.01.
(J)
Violation of laws relating to contributing to need for protection or services or delinquency of a minor
as defined in MN 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 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,
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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 describe( in Sections 5A.408 (1) through 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) through 5A.408 (4).
5A.410(6)
No adverse license action shall be imposed where the instance or disorderly use of a licensed premises
occurred during the pendency of eviction proceedings (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
s^.s01(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
s^.s02(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 Comply
s^.s03(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, after due notice to the
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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 {}5A. 501 to 5A. 503, inclusive, are in addition to the remedies or
penalties prescribed under {}5A.601 to 5A.611, inclusive.
Section 5: Cost Recovery
s^.s0s(1)
The Council hereby authorizes the assessment of unpaid fees, fines, charges or expenses authorized
by the Residential Maintenance Code pursuant to the provisions of the Columbia Heights City
Charter.
s^.s0s(2)
The Clerk shall establish a separate improvement fund for the administration of Residential
Maintenance Code charges.
The costs related to the Residential Maintenance Code shall be certified annually by the Housing
Enforcement Officer to the Clerk for billing, including a statement describing the land, lots, or parcels
involved and the amount chargeable to each.
s^.s0s(3)
On or before August 1 of each year, the Clerk shall bill each property owner of each affected lot or
parcel for their portion of the charges authorized hereunder plus the reasonable cost of administering
the billings and collection procedures.
5A. 505(4)
The Clerk shall list the total unpaid charges against each separate lot or parcel to which such charges
are attributable on or before September 1 of each year, for Council action pursuant to the provisions
of this chapter.
Article VI:
5A.601
5A.602
Penalties
No person, firm, corporation, or licensee shall own and maintain or operate or rent to any other
person for occupancy any rental dwelling, rental dwelling unit, or premises in which a rental dwelling
unit is located in violation of Chapter 5A, Article I! ({}5A.201, et. seq.), maintenance standard.
No person, firm or corporation shall operate a rental dwelling or dwelling unit without a license
issued pursuant to this Chapter or accept rental payments from a tenant of any unlicensed dwelling
or dwelling unit which payment is for occupancy for a period during which the dwelling or dwelling
unit is not license pursuant to this Chapter.
Minutes for Regular City Council Meeting
of January 24, 2000
Page 48
5A.603
No person, firm, corporation or licensee shall refuse or fail to allow the Housing Enforcement Officer
to enter a dwelling or unit pursuant to an administrative search warrant for the 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 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 unit shall fail to allow or refuse entry to the Housing
Enforcement Officer, 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:
January 24, 2000
Mayor Gary L. Peterson
Patricia Muscovitz, Deputy City Clerk
Minutes for Regular City Council Meeting
of January 24, 2000
Page 49
Motion by Szurek, second by Hunter to waive the reading of Ordinance #1395, there being ample copies
available to the public.
Motion by Szurek, second by Hunter to schedule a Second Reading of Ordinance #1395, for February
14, 2000, at approximately 7:00 p.m. Upon vote - all ayes. Motion carried.
5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS
A. Proclamations
(b) Presentations
1) Values First - Barbara Jo Warren
Barbra Warren, Coordinator for Vahles First, info~w~ed Council members on the progress of the organization
in the last 10 months. She went through a handout showing the organizational chart, committee members,
action p/an, 2000 meeting topics and schedtde, and survey resttits. She indicated ['¢thtes First banners are ttp
m a//the schools. As a sm79rise, the new ['¢thtes First Mascot, ['¢d the Bear, was introdtwed. The mascot wi//be
available for school and commtmity events. Ms. Warren thanked Cotmci/ members and residents of the City for
their support. The first year was spent fo~wndating the program and the second year wi// concentrate on
promoting ['¢thtes First.
Fehst commented that in the ten months Barb Warren has been with the Vahies First program he has noted a
vast increase in professionalism and public knowledge of Vahtes First, thanks to Ms. Warren's efforts. Police
Chief dohnson ag~'eed and stated the prog~'am has really g~'own in the past year, and there are a lot of good
things planned for the fimtre with Ms. Warren's leadership. dolly thankedMs. Warren. He suggested Cotmcil
may want to continue with the "Cotmcil Vahte of the Month ".
(c) Introduction of New Employees
1) Cheryl Bakken, Community Development Secretary
Completed at the beginning of the meeting.
D. Recognition
6. PUBLIC HEARINGS
A. Rental License Revocation
1) Public Hearing for Revocation/Suspension of Rental Housing License
Assistant Fire Chief Alexon gave the license backg~'otmd He met today with the property owner regarding three
violations. The owner requests an additional two week time period to complete or show a plan, and has made
temporacv repairs. Alexon believes the property owner is cttrrently working toward compliance.
Motion by Wyckoff, second by Szurek to table the matter of Rental License Revocation or
Suspension of the Rental License held by Heidi Von Heideman regarding property at 3718
Central Avenue to the February 14, 2000 City Council meeting, in that the Property Owner has
requested additional time to correct deficiencies at the property. Upon vote - all ayes. Motion
carried.
B. 2000 CDBG Application
1) Public Hearing for 2000 CDBG Application Submission.
Community Development Director Anderson reviewed the proposed Anoka County Community Development
Block Grant (CDBG) application for fimds eligible between dMy 2000 to December 2001, in the areas of
commercial revitalization, housing revitalization, and public service agencies.
Minutes for Regular City Council Meeting
of January 24, 2000
Page 50
Public service agencyrituals are limited to 15%, or $31, 793; requests exceeded $70,000. Families Moving
Forward was not recommended for fimding this cycle. Recommending fimding for commercial revitalization,
which invoh~es acquisition and clearance of blighted or substandard properties in commercial and industrial
districts, is SIS0,165. Housing rehabilitation rituals are 50% gv'ant and 50% a defen'ed loan.
dolly opened the public hearing. Mr. Hoium statedrituals need to be used for sidewalks' and curb cuts so
seniors, disabled people, and children don't have to walk m the street. dolly asked that he info~w~ the city m the
spring of areas that need repairs.
Sarah Het~ing, Communications Speciafist with CAP, thanked Council for their support and this grant. The
CommttnJty Eme~Tency Assistance Program is celebrating 30 years of providing eme~Tency services and
promoting self sufficiency. The prog~'am offered assistance 199 times last year to Cohtmbia Heights' residents.
dolly thanked her and requested a copy of the annual report be given to the city manager and Mr. Gahtska 's
class. Residents may reach the CgP prog~'am at 783-4930 by appointment.
Kathy Widman, Director of Senior Programs at ACCAP, and Jan Lapitz, Cohtmbia Heights' Outreach worker,
thanked Council for their generous support of this prog~'am. 432 visits were made to seniors and disabled
persons, and 239 individuals were served in Cohtmbia Heights'. Their goal is to preventpremature mtrsing
home placement. Residents may reach this prog~'am by calling 783-4781.
Kathy Widman also spoke on behalf of the Handyworks prog~'am, as the Fridley coordinator couM not be
present. This is a chore service prog~'am for resident over age 60, which inchMes house cleaning, shoveling,
mowing, and minor home repairs. Fees are substantially less for qualifying residents. She addressed the
audience of yottth, who may be looking for jobs, to contact the prog~'am at 502-5151.
Nichole , coordinator of Bridgeview, thanked Council for their support. This is a support facifity for persons
experiencing mental illness, allowing social and recreational opportunities and rides for adults in Anoka
County, servicing 300 individuals with 3000 contacts. She introduced Sara, who uses this facility. Sara
explained her sitnation and the help and support she has received at Bridgeview. This is part of the fimded
Central Center for Family Resources, which may be reached by calling 783-7400.
dolly closed hearing.
Motion by Szurek, second by Hunter, to approve submission of the 2000 application for
Community Development Block Grant (CDBG) funds in the amount of $31,793 for public
service agencies as recommended by the Human Services Commission, $150,165
for commercial revitalization, and $30,000 for housing rehabilitation; and, furthermore, to direct
staff to prepare and submit said application to Anoka County. Upon vote, all ayes. Motion
carried.
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
City Atto~wey Hoeft indicated these ordinance revisions are to make cozmcil members non-members of City
Commissions. Assistant City Manager Magee revised the ordinances. Hoeft indicated this ordinance shouM
be tabled at the second reading if vacated seats' are not yet filled. Wyckoff indicated she is proud of
(7ounci/members for working together to accomplish this task, as commissions shouM be a place where
residents can participate and have their say. She encouraged residents to become active and help the Council
Minutes for Regular City Council Meeting
of January 24, 2000
Page 51
make decisions by applying to serve on City Commissions. For appfications, residents may come to City Hall or
call the Deputy City Clerk.
Fehst described the duties of the Human Service Commission, inchiding fimding of service organizations,
selecting Humanitarian of the Irear, and cn~Tently an essay contest in the schools on the Bill of Rights. The
gT'oup meets quarterly. Hltnter promoted the Planning and Zoning Commissiot! as one of the most important
and active commissions which must have a quorum to take action. Residents must be 18 years of age to apply.
1)
First Reading of Ordinance No. 1405, Being an Ordinance Amending Ordinance No. 853
City Code of 1977, Pertaining to the Park and Recreation Commission
ORDINANCE NO. 1405
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853,
CITY CODE OF 1977, PERTAINING TO THE PARK AND RECREATION COMMISSION
The City of Columbia Heights does ordain:
Chapter 3, Article III, Section 1, Subsection 3.301(2), which currently reads as follows, to wit:
3.301 (2)
The Park and Recreation Commission shall be composed of seven members from among the
residents of the City. Five members shall serve a term of five years. Of the two other
members, at least one shall be a City Council member and both shall serve at the will of the
Council except that if one of the two is a non-council member, the term of that appointment
shall be for two years.
is hereby amended to read as follows:
3.301 (2)
The Park and Recreation Commission shall be composed of seven members from among the
residents of the City. Five members shall serve a term of five years. Two members shall
serve a term of two years.
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:
January 24, 2000
Offered by:
Seconded by:
Roll Call:
Gary L. Peterson, Mayor
Patricia Muscovitz, Deputy City Clerk
Motion by Wyckoff, second by Hunter, to waive the reading of Ordinance No. 1405, there
being ample copies available for the public. Upon vote, all ayes. Motion carried.
Minutes for Regular City Council Meeting
of January 24, 2000
Page 52
Motion by Wyckoff, second by Hunter, to schedule the second reading of Ordinance No.
1405, for February14, 2000, at approximately 7:00 p.m. Upon vote, all ayes. Motion
carried.
2)
First Reading of Ordinance No. 1406, Being an Ordinance Amending Ordinance No. 853
City Code of 1977, Pertaining to the Human Services Commission
ORDINANCE NO. 1406
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853,
CITY CODE OF 1977, PERTAINING TO THE HUMAN SERVICES COMMISSION
The City of Columbia Heights does ordain:
Chapter 3, Article III, Section 2, Subsection 3.302(3), which currently reads as follows, to wit:
3.302 (3)
The Human Services Commission shall be composed of nine (9) members from among the
residents of the City who are at least 18 years of age. One member shall be designated from
the Council, who shall serve at the will of the Council.
(a)
Members of the Commission shall serve for a term of three years commencing and
ending in the month of April. The terms are to be staggered so that each year no
more than three (3) Commissioners are appointed to a full term.
(b)
The Commission shall be composed of the widest possible representation of the
various peoples and institutions within the City and, if possible, no more than two
members shall reside in any voting precinct.
(c)
The Council may terminate the appointment of any Commissioner by a majority vote
without cause and without a hearing.
is hereby amended to read as follows:
3.302 (3)
The Human Services Commission shall be composed of nine (9) members from among the
residents of the City who are at least 18 years of age.
(a)
Members of the Commission shall serve for a term of three years commencing and
ending in the month of April. The terms are to be staggered so that each year no
more than three (3) Commissioners are appointed to a full term.
(b)
The Commission shall be composed of the widest possible representation of the
various peoples and institutions within the City and, if possible, no more than two
members shall reside in any voting precinct.
(c)
The Council may terminate the appointment of any Commissioner by a majority vote
without cause and without a hearing.
Minutes for Regular City Council Meeting
of January 24, 2000
Page 53
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:
January 24, 2000
Offered by:
Seconded by:
Roll Call:
Gary L. Peterson, Mayor
Patricia Muscovitz, Deputy City Clerk
Motion by Wyckoff, second by Hunter, to waive the reading of Ordinance No. 1406, there
being ample copies available for the public. Upon vote, all ayes. Motion carried.
Motion by Wyckoff, second by Hunter, to schedule the second reading of Ordinance No.
1406, for February14, 2000, at approximately 7:00 p.m. Upon vote, all ayes. Motion
carried.
(d)
First Reading of Ordinance No. 1407, Being an Ordinance Amending Ordinance No. 853
City Code of 1977, Pertaining to the Planning and Zoning Commission
ORDINANCE NO. 1407
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853,
CITY CODE OF 1977, PERTAINING TO THE
PLANNING AND ZONING COMMISSION
The City of Columbia Heights does ordain:
Chapter 3, Article III, Section 6, Subsection 3.306(1), which currently reads as follows, to wit:
3.306(1)
A Planning and Zoning Commission is hereby established which shall consist of five members
to be organized as follows:
(a)
Four members shall be appointed by the Council and may be removed by a four-fifths
vote of the Council. One member shall be designated by the Council from among its
membership, who shall serve at the will of the Council. The City Engineer, Zoning
Administrator, Building Official and City Attorney shall serve as ex-officio members
of the Commission.
(b)
The four appointed members shall serve for a term of four years to be staggered so
that the term of one member shall expire each year. The Council member shall serve
for the term of his elective office. Every appointed member shall take an oath that
he will faithfully discharge the duties of office.
(c)
The Commission shall elect a Chairman from among its membership. The Secretary
need not be designated from the Commission membership.
Minutes for Regular City Council Meeting
of January 24, 2000
Page 54
is hereby amended to read as follows:
3.306(1)
A Planning and Zoning Commission is hereby established which shall consist of five members
to be organized as follows:
(a)
The members shall be appointed by the Council and may be removed by a four-fifths
vote of the Council. The City Engineer, Zoning Administrator, Building Official and
City Attorney shall serve as ex-officio members of the Commission.
(b)
The appointed members shall serve for a term of four years to be staggered so that
the term of one member shall expire each year. Every member shall take an oath
that he/she will faithfully discharge the duties of office.
(c)
The Commission shall elect a Chairperson from among its membership. The
Secretary need not be designated from the Commission membership.
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:
January 24, 2000
Offered by:
Seconded by:
Roll Call:
Gary L. Peterson, Mayor
Patricia Muscovitz, Deputy City Clerk
Motion by Hunter, second by Wyckoff, to waive the reading of Ordinance No. 1407, there
being ample copies available for the public. Upon vote, all ayes. Motion carried.
Motion by Hunter, second by Wyckoff, to schedule the second reading of Ordinance No.
1407, for February14, 2000, at approximately 7:00 p.m. Upon vote, all ayes. Motion
carried.
(d)
First Reading of Ordinance No. 1408, Being an Ordinance Amending Ordinance No. 853
City Code of 1977, Pertaining to the Traffic Commission
ORDINANCE NO. 1408
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853,
CITY CODE OF 1977, PERTAINING TO THE
TRAFFIC COMMISSION
The City of Columbia Heights does ordain:
Minutes for Regular City Council Meeting
of January 24, 2000
Page 55
Chapter 3, Article III, Section 8, Subsection 3.308(1), which currently reads as follows, to wit:
3.308(1)
A Traffic Commission is hereby established which shall consist of five members. Four
members shall be appointed by the Council and may be removed by four-fifths vote of the
Council. One member shall be designated by the Council from amongst its membership and
shall serve at the will of the Council. The Public Works Director, or a person designated by
the Public Works Director, and the Chief of Police, or a person designated by the Police
Chief, shall serve as ex-officio members of the Commission. The four appointed members
shall serve for a term of four years to be staggered so that the term of one member shall
expire each year. The Commission shall elect a chairperson from among its membership.
The Secretary need not be designated from the Commission membership.
is hereby amended to read as follows:
3.308(1)
A Traffic Commission is hereby established which shall consist of five members. The
members shall be appointed by the Council and may be removed by four-fifths vote of the
Council. The Public Works Director, or a person designated by the Public Works Director,
and the Chief of Police, or a person designated by the Police Chief, shall serve as ex-officio
members of the Commission. The members shall serve for a term of four years to be
staggered so that the term of one member shall expire each year. The Commission shall elect
a chairperson from among its membership. The Secretary need not be designated from the
Commission membership.
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:
January 24, 2000
Offered by:
Seconded by:
Roll Call:
Gary L. Peterson, Mayor
Patricia Muscovitz, Deputy City Clerk
Motion by Hunter, second by Szurek, to waive the reading of Ordinance No. 1408, there
being ample copies available for the public. Upon vote, all ayes. Motion carried.
Motion by Hunter, second by Szurek, to schedule the second reading of Ordinance No.
1408, for Februaryl 4, 2000, at approximately 7:00 p.m. Upon vote, all ayes. Motion carried.
1)
First Reading of Ordinance No. 1409, Being an Ordinance Amending Ordinance No. 853
City Code of 1977, Pertaining to the Library Board
ORDINANCE NO. 1409
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853,
CITY CODE OF 1977, PERTAINING TO THE
LIBRARY BOARD
The City of Columbia Heights does ordain:
Chapter 3, Article III, Section 9, Subsection 3.309(1), which currently reads as follows, to wit:
Minutes for Regular City Council Meeting
of January 24, 2000
Page 56
3.309(1)
A Library Board is hereby established which shall be composed of five (5) members to be
appointed by the Council. One Library Board member shall be a member of the City
Council, whose term on the Library Board shall run concurrently with their City Council
term. The remaining four Board members shall serve three year terms. Members shall be
residents of the City of Columbia Heights.
is hereby amended to read as follows:
3.308(1)
A Library Board is hereby established which shall be composed of five (5) members to be
appointed by the Council. The Board members shall serve three year terms. Members shall
be residents of the City of Columbia Heights.
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:
January 24, 2000
Offered by:
Seconded by:
Roll Call:
Gary L. Peterson, Mayor
Patricia Muscovitz, Deputy City Clerk
Motion by Szurek, second by Wyckoff, to waive the reading of Ordinance No. 1409, there
being ample copies available for the public. Upon vote, all ayes. Motion carried.
Motion by Szurek, second by Hunter, to schedule the second reading of Ordinance No.
1409, for Februaryl 4, 2000, at approximately 7:00 p.m. Upon vote, all ayes. Motion carried.
2)
First Reading of Ordinance No. 1410, Being an Ordinance Amending Ordinance No. 853
City Code of 1977, Pertaining to the Telecommunications Commission
ORDINANCE NO. 1410
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853,
CITY CODE OF 1977, PERTAINING TO THE
TELECOMMUNICATIONS COMMISSION
The City of Columbia Heights does ordain:
Chapter 3, Article III, Section 15, Subsection 3.315(1), which currently reads as follows, to wit:
3.315(1)
A Columbia Heights Telecommunications Commission is hereby established which shall
consist of seven (7) members to be organized as follows:
Seven (7) members shall be appointed by the Columbia Heights City Council. The
members appointed by the Columbia Heights City Council shall be residents of
Columbia Heights and shall include one(1) Columbia Heights Councilperson. A
majority of Commission members shall constitute a quorum.
Each member of the Commission shall serve a term of two (2) years except that the
Columbia Heights Councilperson shall serve at the pleasure of the Council.
The Assistant to the City Manager, or a person designated by him/her shall be an ex-
officio member of the Commission.
Ifa seat on the Commission becomes vacant before the term of said seat has expired,
it shall be filled by appointment by the City Council.
Minutes for Regular City Council Meeting
of January 24, 2000
Page 57
E. The Commission shall elect a chairperson from among its membership.
The Commission shall establish a monthly meeting date and conduct business of the
Commission as prescribed hereinafter. A meeting agenda shall be sent to
Commission members at least two days prior to the meeting date.
is hereby amended to read as follows:
3.31s (1)
A Columbia Heights Telecommunications Commission is hereby established which shall
consist of seven (7) members to be organized as follows:
Seven (7) members shall be appointed by the Columbia Heights City Council. The
members appointed by the Columbia Heights City Council shall be residents of
Columbia Heights. A majority of Commission members shall constitute a quorum.
Each member of the Commission shall serve a term of two (2) years.
The Assistant to the City Manager, or a person designated by him/her shall be an ex-
officio member of the Commission.
Ifa seat on the Commission becomes vacant before the term of said seat has expired,
it shall be filled by appointment by the City Council.
The Commission shall elect a chairperson from among its membership.
The Commission shall establish a monthly meeting date and conduct business of the
Commission as prescribed hereinafter. A meeting agenda shall be sent to
Commission members at least two days prior to the meeting date.
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:
January 24, 2000
Offered by:
Seconded by:
Roll Call:
Gary L. Peterson, Mayor
Patricia Muscovitz, Deputy City Clerk
Motion by Szurek, second by Wyckoff, to waive the reading of Ordinance No. 1410, there
being ample copies available for the public. Upon vote, all ayes. Motion carried.
Motion by Szurek, second by Wyckoff, to schedule the second reading of Ordinance No.
1410, for February 14, 2000, at approximately 7:00 p.m. Upon vote, all ayes. Motion
carried.
B. Bid Considerations
C. Other Business
Wyckoff stated she was ang~'y to hear that Metro Transit proposed to cut some services in Cohtmbia Height,'.
Info~w~ation in the City Green Sheet listed items to be discontitmed. She is especially conce~wed abottt the rottte
to Apache Plaza and the one to Crest Flew. (~otmci[ members indicated dttrit~g meetings last year with Metro
Minutes for Regular City Council Meeting
of January 24, 2000
Page 58
Transit they stated no service wouM be stopped, only possible smaller buses. She has personally talked to three
people who are dependant on this bits to get to work. Wyckoff info~wJed everyone that there is an open hottse
scheduled for Tuesday, danlta~y 25, fi~om 4:30 to 7:30p. m. Jn the basement of the Library. She encoltraged
everyone to come and tell Metro Transit to keep Route ~18 bus active and to continlte these ve~y important
services.
Fehst felt there shouM have been notification to the public through flyers or other resources. City Planner
Hollman will attend the meeting. Wyckoff indicated the shut down is not immediate, but possibly in the year
2000. She would like to indicate our position now. Comwil requested a letter be drafted and presented to Metro
Transit at the meeting reflecting this discussion. Comwil discussed taking action, in the loewi of a resohttion, at
a fttorre meeting.
Mr. Hoium suggested the letter be addressed to Ted Mondale, stating the number of seniors and disabled
residents m Cohtmbia Heights.
dolly congrandated dohn Mm:yn dr. on being named the 1999 City of Cohtmbia Heights Employee of the Year!
8. ADMINISTRATIVE REPORTS
A. Report of the City Manager
A Sto~wJ Sewer Public Hearing for utility fees will be heM Monday, damta~y 31, fi'om 5:00 to 7:00 pro., with a
fo~wJal presentation at 7:00 p.m. Jolly indicated a ,Jailer was delivered to homes on Thursday of last week.
Fehst indicated if anyone had questions they couM call the new city phone rottubers listed on their T. F. screen.
Residents ,Jay ca//City Ha//starting Tuesday for bus schedule changes. A/so, residents ,Jay ca//706-3607 to
leave voice ,Jail messages for Comwi/members.
B. Report of the City Attorney
GENERAL COUNCIL COMMUNICATIONS
A. Minutes of Boards and Commissions
1) Meeting of the January 4, 1999 Library Board of Trustees
2) Meeting of the November 16, 1999 Economic Development Authority
3) Meeting of the December 21, 1999 Economic Development Authority
4) Meeting of the January 7, 2000 Charter Commission
5) Meeting of the January 19, 2000 Human Services Commission
10.
CITIZENS FORUM
(At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The
citizen is requested to limit their comments to five minutes. Please note, the public may address the Council
regarding specific agenda items at the time the item is being discussed.)
Jolly asked snldents fi~om Mr. Gahlska's class to come forward and intro&lce themseh,es.
Karsten McCarthy, 4315 3ra Street stated there were not ample copies of the Housing Code available and
requested the City Attonwy read the Code. He was immediately given a copy. Mr. McCarthy started to speak
of grins and Council President Jolly requested no reference be ,Jade to guns or violence and asked him to
please sit down.
HaroM Hoium spoke on keeping sidewalks and bus stops clear of snow and ice so seniors and disabled
Americans can get arom~d the city. Fehst indicated the City has a remova/ prog~'am for major sidewalks and the
City will redouble efforts to notify persons who have put snow on sidewalks. Fehst will check on snow removal
at bus stops. Ken Evans, 3720 2 (5 Street NE, stated that fi'om 3700 to 3900 2 (5 Street there are only seven
homes with sidewalks, and 40 feet fi'om his house the sidewalk is dJscotltJtltted, but he received a cHariot! and
feels it is not fair. This Js the first time he has been cited Jr! 8 years. Fehst indicated the City has no folwJa[
prog~'am to rebuiM sidewalks and the City cat! be petitioned for removal. Hltnter asked that this be discussed at
to a work session. Fehst indicated staff may /ook into completing this walk or eliminating it. HaroM Hoinm
indicated reinova/ of the walk won/d force children to walk in the street. Ken £vans requested a copy of the
Minutes for Regular City Council Meeting
of January 24, 2000
Page 59
sidewalk snow removal ordinance be sent to him.
1 1. ADJOURNMENT
Motion by Szurek second by ~yckoff to adjourn the meeting at 9.' O0 p.m.
Patricia Muscovitz, Deputy City Clerk