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HomeMy WebLinkAboutFebruary 14, 2000OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 14, 2000 CALL TO ORDER/ROLL CALL Present: Mayor Peterson, Com~ci/members Szurek, Wyckoff, Htmter Absent: Comwilmember Jolly 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.) 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.) Motion by Councilmember Szurek, second by Councilmember Hunter to approve the Consent Agenda items as follows: 1. Minutes for Approval Council approved the minutes of the January 24, 2000, Regular Council Meeting as presented. Council approved the minutes of the February 7, 2000, Planning and Zoning Commission Interviews. Approve Conditional Use Permit Case #2000-0202, 4300 Central Avenue NE Council approved the Conditional Use Permit to allow the operation of a temporary greenhouse/retail sales at 4300 Central Avenue, from April 15, 2000, through July 7, 2000, subject to the following condition: 1. A $500 deposit shall be submitted to the License/Permit Clerk prior to installation of the structures on the site. Approve Conditional Use Permit Case #2000-0203, 4757 Central Avenue NE Council approved the Conditional Use Permit to allow the operation of The Gardens Restaurant, at 4757 Central Avenue NE, subject to the following conditions: 1. All required state and local codes, permits, licenses, and inspections will be met and in full compliance. 2. All proposed signage must be submitted on the City prescribed application form, and must fully comply with the Zoning Ordinance. 3. Solid waste material shall be so located and fenced as to be removed from public view and shall be kept in an enclosed building or properly contained in a closed container for such purposes. Adopt Resolution No. 99-97, a Resolution approving a Conditional Use Permit and Special Permit, Case #9912-37, 4849 University Avenue NE Council waived the reading of Resolution 99-97, there being ample copies available to the public. Council adopted Resolution 99-97, a Resolution approving a Conditional Use Permit and Special Permit to allow the construction of an approximately 90 foot tall U.S. West Personal Minutes for Regular City Council Meeting February 14, 2000 Page 2 Communications Services Monopole tower at 4849 University Avenue NE. RESOLUTION 99-97 BEING A RESOLUTION OF THE COLUMBIA HEIGHTS CITY COUNCIL APPROVING A CONDITIONAL USE PERMIT AND SPECIAL PERMIT TO ALLOW THE CONSTRUCTION OF AN APPROXIMATELY 90 FOOT TALL US WEST PERSONAL COMMUNICATION SERVICES MONOPOLE TOWER AT 4849 UNIVERSITY AVENUE NE WHEREAS, U.S. West has applied for a Special Permit and a Conditional Use Permit to construct an approximately 90 foot tall Personal Communication Services monopole tower at 4849 University Avenue NE; and, WHEREAS, Section 9.116(16)(a) of the Columbia Heights Zoning Ordinance states that "heights in excess of those allowed under this section shall be permitted only by a special permit granted by resolution of the Council determining that such structure would not be dangerous and would not adversely affect the adjoining or adjacent property"; and, WHEREAS, the subject property is currently zoned RB, Retail Business, and a Conditional Use Permit is required for public utility structures in the RB District; and, WHEREAS, the Columbia Heights Planning and Zoning Commission has reviewed the proposal and has recommended that the City Council approve the request subject to the following conditions: (1) All required state and local codes, permits, licenses and inspections will be met and in full compliance; (2) Any addition of future antennas on the monopole will require a separate Special Permit and Conditional Use Permit; (3) U.S. West shall remove the tower within one year after it is no longer used or is deemed unusable; and, WHEREAS, the City Council determines that the proposed Personal Communication Services monopole tower will not be dangerous and will not adversely affect the adjoining or adjacent property. NOW, THEREFORE BE IT RESOLVED THAT the Columbia Heights City Council hereby approves the Special Permit and Conditional Use Permit to allow the construction of an approximately 90 foot tall US West Personal Communication Services monopole tower at 4849 University Avenue NE, subject to the following conditions: (1) All required state and local codes, permits, licenses and inspections will be met and in full compliance; (2) Any addition of future antennas on the monopole will require a separate Special Permit and Conditional Use Permit; (3) U.S. West shall remove the tower within one year after it is no longer used or is deemed unusable. Passed this 14th day of February, 2000. Offered by: Szurek Seconded by: Hunter Roll Call: All ayes Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk Authorize Transfer of Funds to Repay O.T. Fund Council authorized the transfer $720, the total amount received from Northeast State Bank for off duty security worked from January 3, 2000, to January 5, 2000, from the General Minutes for Regular City Council Meeting February 14, 2000 Page 3 Fund to the Police Department 2000 budget under line 1020, police overtime. Authorize Acceptance of the Hilltop Police and Rescue/Medical Contract Council authorized the Mayor and City Manager to enter into a contract with the City of Hilltop for police and rescue/medical services through March 31, 2003, and to ratify the contract of April 1, 1997, through March 31, 2000. Authorize Attendance of Chief of Police and Captain at Executive Training Institute Council approved the attendance of the Chief of Police and the Captain at the Executive Training Institute to be held in St. Cloud Minnesota, on April 17, 18, 19, and 20, 2000, and to pay all associated expenses out of the Police Department's training budget 101-42100- 3105 and travel budget 101-42100-3320. Authorize Purchase of Total Station Survey Equipment Council authorized the purchase of one Topcon GTS-311 Total Station Package from Laser Control, Inc., for a cost of $12,270 plus tax, with funds allocated from 431-43100-5170. Authorize the Assistant Fire Chief to attend the Fire Department Instructors Conference Council authorized the Assistant Fire Chief to attend the 2000 Fire Department Instructors Conference in Indianapolis, Indiana, from February 29 - March 5, 2000, and to reimburse expenses from the appropriate accounts. 10. Establish Hearing Dates Re: License Revocation or Suspension of Rental Property at 4328 6th Street NE Council established a Hearing Date of February 28, 2000, for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Thomas Brooks at 4328 6th Street. 11 Authorize approval of MCPP Application for First Time Home Buyer Program Council authorized Anoka County/Anoka County HRA to submit an application to the Minnesota Housing Finance Agency, for the 2000 Minnesota City Participation Program, on behalf of the City of Columbia Heights; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. 12. Approve License Applications Council approved the items as listed on the business license agenda for February 14, 2000. 13. Payment of Bills Council approved to pay the bills as listed out of proper funds. Vfyckoff asked what type of restaurant The Gardens, at 4757 Central Averote NE, wouM be. Community Development Director Anderson stated it wouM be a sit-down restaurant, with gmerican foo~ but had not yet received a roerot. The company is based out east. All ayes. Motion carried. 5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A. Proclamations Minutes for Regular City Council Meeting February 14, 2000 Page 4 (b) (c) D. Presentations Introduction of New Employees Recognition 6. PUBLIC HEARINGS A. Rental License Revocation 1. Public Hearing for Revocation/Suspension of Rental Housing License at 3718 Central Avenue Assistant Fire Uhief Alexon was before Council two weeks' ago with an extension request fi'om the owner. The owner has come in substantial compliance, not 100 %, but close. Mayor Peterson closed the Public Hearing Regarding the Revocation or Suspension of the Rental License held by Heidi VonHeideman, regarding rental property at 3718 Central Avenue, in that the property is in substantial compliance with the Housing Maintenance Code. 2. Public Hearing for Revocation/Suspension of Rental Housing License at 4610 Fillmore Street Alexon indicated this is an owner occupied dttplex. A complaint in dtme 1999 resulted in 11 violations. The animal inspection resulted in 43 additional violations. git extension was gv'anted zmtJl September 13, which fotmd all vioJatiotls remaitlitlg. At! itlslpectiot! or! October l l fozttld tlo otle available. Upon retzin~ed on December 16, only 6 violations remained. On damta~y 5, 2000, they were given two additional weeks'. The owner was not present to condltct the last inspection on February 8. The six violations that exist are primirly interior. Alexon recommended this license be revoked. RESOLUTION 2000-14 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY MOHSEN DESSOUKI (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4610- 4612 FILLMORE STREET, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIAHEIGHTS CODE SECTION 5.104(1)(A), WRITTENNOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON JANUARY 13, 2000 OF A PUBLIC HEARING TO BE HELD ON FEBRUARY 14, 2000. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on June 1, 1999, Matt Field and John Larkin, Inspectors for the City of Columbia Heights, inspected the rental property located at 4610 Fillmore Street. This inspection was in response to a complaint. Inspectors found eleven violations and mailed by regular mail a report detailing the violations to the owner of the property at the address listed on the rental housing license application. Minutes for Regular City Council Meeting February 14, 2000 Page 5 2. That on June 29, 1999, Rich Hinrichs, Inspector for the City of Columbia Heights, inspected the rental property located at 4610 Fillmore Street. This inspection was the Annual Housing Maintenance Code inspection. Inspector Hinrichs found forty-three violations and mailed by regular mail a report detailing the violations to the owner of the property at the address listed on the rental housing license application. 3. That on July 29, 1999, inspection office staff granted the owner of the property located at 4610 Fillmore Street an extension of time to correct the violations listed in the June 1, 1999 compliance orders. 4. That on September 13, 1999, Gary Gorman and Rich Hinrichs, Inspectors for the City of Columbia Heights, inspected the rental property located at 4610 Fillmore Street. The inspectors checked to see if the eleven violations from the June 1, 1999 inspections remained uncorrected and they also checked to see if the forty-three violations from the June 29, 1999 inspections remained uncorrected. Inspectors found that fifty- four violations remained, compliance orders were sent by regular mail to the owner at the address listed in the rental housing license application. 5. That on October 26, 1999, Matt Field and John Larkin, inspectors for the City of Columbia Heights, attempted to reinspect the rental property and noted that the tenants of the property were not aware of the inspection and that the owner of the property was not present. A final compliance order was sent by regular mail to the owner of the property at the address listed in the rental housing license application. 6. That on December 16, 1999, Charlie Thompson and John Larkin, Inspectors for the City of Columbia Heights, reinspected the rental property and found that six violations remained uncorrected. A statement of cause listing the causes and reason for the proposed license revocation along with a compliance order listing the remaining violations was mailed by certified mail to the owner at the address listed in the rental housing license application. 7. That on January 5, 2000, the owner of the property in question contacted the inspection office staff in person stating that his maintenance person had taken his money and not done the work. The owner was directed by office staff to be present at the final inspection scheduled for January 6, 2000 so that inspectors could reinspect smoke detectors that were disarmed. The owner was also advised that it would be possible to apply for a two week extension of time on the other four items. The public hearing for the revocation/suspension of the rental housing license scheduled for January 10, 2000 was closed. 8. That on January 6, 2000, Matt Field and John Larkin, Inspectors for the City of Columbia Heights, attempted to reinspect the rental property and ascertain if the smoke detectors were repaired. The tenants were not home and the owner of the rental property was not present or home. A reinspection fee was assessed. 9. That on February 8, 2000, Charlie Thompson and John Larkin, Inspectors for the City of Columbia Heights, attempted to reinspect the rental property. The tenants told the inspectors that they did not know the reinspection was scheduled for this date. The owner was not present. Inspectors noted that the violations on the exterior of the property remained uncorrected. 10. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code were found to exist, to-wit: Ao FAILURE TO CORRECT VIOLATION OF THE HOUSING MAINTENANCE CODE Minutes for Regular City Council Meeting February 14, 2000 Page 6 2) FAILURE TO SUBMIT REINSPECTION FEES IN THE AMOUNT OF $250.00 11. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 4610-4612 Fillmore Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F3997 is hereby revoked/suspended (cross out one); 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants will remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this 14th day of February, 2000. Offered by: Hunter Seconded by: Szurek Roll Call: All ayes Gary L. Peterson, Mayor Patty Muscovitz, Deputy City Clerk Mayor Peterson closed the public hearing Motion by Hunter, second by Szurek, to waive the reading of Resolution No. 2000-14, there being ample copies available to the public. All ayes. Motion carried. Motion by Hunter, second by Szurek, to adopt Resolution No. 2000-14, a Resolution Approving Revocation Pursuant to Ordinance Code Section 5A.408(01) of the Rental License held by Mohsen Dessouki regarding rental property at 4610 Fillmore Street. All ayes. Motion carried. 3. Public Hearing for Revocation/Suspension of Rental Housing License at 4022 Madison Street Alexon stated last week the property owner asked for an extension. He ag~'eed the exterior scraping and painting are difficult to do this time of year, and there is a loose railing. Based on the season and the owners intent to fix the loose raJlJtlg, ,zllexot! recommended tablJtlg this hearing to dlttle 12, 2000. Minutes for Regular City Council Meeting February 14, 2000 Page 7 Mayor Peterson closed the public hearing. Motion by Wyckoff, second by Szurek to table the matter of Rental License Revocation or Suspension of the Rental License held by Loretta Robertson regarding property at 4022 Madison Street to the June 12, 2000, City Council meeting, in that the Property Owner has requested additional time to correct deficiencies at the property. All ayes. Motion carried. 4. Public Hearing for Revocation/Suspension of Rental Housing License at 4356 5th Street Alexon stated the initial inspection occu~'ed in August of '99, resulting in three exterior violations. Reinspects were: olle it! October, two it! December and again on datma~y 19, 2000. Olle of the three vJolatJolls had been co~'ected There was no request fi'om the owner for an extension. RESOLUTION 2000-13 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY GINGER DUCKWORTH (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4356 5TM STREET COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIAHEIGHT S CODE SECTION 5.104(1)(A), WRITTENNOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON JANUARY 10, 2000 OF A PUBLIC HEARING TO BE HELD ON FEBRUARY 14, 2000. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on August 25, 1999, Gary Gorman and Rich Hinrichs, Inspectors for the City of Columbia Heights, inspected the rental property located at 4356 5'/' Street. This inspection was based on a complaint received. Inspectors found three violations and mailed by regular mail a compliance order detailing the violations to the owner of the property at the address listed on the rental housing license application. 2. That on October 21, 1999, Gary Gorman and Rich Hinrichs, Inspectors for the City of Columbia Heights, reinspected the rental property located at 4356 5'/' Street. Inspectors found that the three violations remained uncorrected and mailed by regular mail a compliance order to the owner of the property at the address listed on the rental housing license application. 3. That on December 14, 1999, Gary Gorman and Rich Hinrichs, Inspector for the City of Columbia Heights, reinspected the rental property and noted that three violations remained uncorrected. A compliance order was mailed by regular mail to the owner of the property at the address listed on the rental housing license application. 4. That on December 29, 1999, Gary Gorman and Rich Hinrichs, Inspector for the City of Columbia Heights, reinspected the rental property and noted that two of the violations remained uncorrected. A compliance order was mailed by certified mail to the owner of the property at the address listed on the rental housing Minutes for Regular City Council Meeting February 14, 2000 Page 8 license application. That on January 19, 2000, Gary Gorman and Rich Hinrichs, inspectors for the City of Columbia Heights, reinspected the rental property and noted that two violations remained uncorrected. 5. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code were found to exist, to-wit: Ao FAILURE TO CORRECT VIOLATION OF THE HOUSING MAINTENANCE CODE FAILURE TO SUBMIT REINSPECTION FEES IN THE AMOUNT OF $200.00 11. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 4356 5th Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F3433 is hereby revoked/suspended (cross out one); 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants will remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this 14th day of February, 2000. Offered by: Szurek Seconded by: Hunter Roll Call: All ayes Gary L. Peterson, Mayor Patty Muscovitz, Deputy City Clerk Mayor Peterson closed the public hearing. Motion by Szurek, second by Hunter, to waive the reading of Resolution No. 2000-13, there being ample copies available to the public. All ayes. Motion carried. Minutes for Regular City Council Meeting February 14, 2000 Page 9 Motion by Szurek, second by Hunter, to adopt Resolution No. 2000-13, a Resolution Approving Revocation Pursuant to Ordinance Code Section 5A.408(01) of the Rental License held by Ginger Duckworth regarding rental property at 4356 5th Street. All ayes. Motion carried. B. Second Reading of Ordinance No. 1395, Being an Ordinance Amending Chapter 5A of City Code of 1977. Alexon indicated this Ordinance invoh,es six changes in the original ordinance, which are considered in the best interest of the City and of Rental Property Owners. HaroM Hoium, 4321 5'~' Street NE, asked that the atton~ey read the proposed ordinance. Peterson stated ample copies are available. Karsten McCarthy, 4213 5~' Street NE, asked the definition of ample copies. 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 Article I Section 1: 5A. 101(1) (a) (b) (c) (d) (e) HOUSING MAINTENANCE CODE General Provisions Statement of Purpose The purpose of the Housing Maintenance Code (hereinafter referred to in Chapter 5A as "Code") is to protect the public health, safety and general welfare of the people of this City. These objectives include, among others, the following; To protect the character and stability of residential areas within the city; 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. Minutes for Regular City Council Meeting February 14, 2000 Page 10 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 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). Minutes for Regular City Council Meeting February 14, 2000 Page 11 (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. (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. Minutes for Regular City Council Meeting February 14, 2000 Page 12 (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 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 Minutes for Regular City Council Meeting February 14, 2000 Page 13 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 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 Housing Maintenance Code, shall be judged and inspected in accordance with the applicable Uniform Building Code and Uniform Fire Code, as follows: Minutes for Regular City Council Meeting February 14, 2000 Page 14 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. 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 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. Section 3: Light, Ventilation, and Electric 5A.203(1) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, cooking, or eating therein which does not comply with the following requirements, to wit: (a) Habitable Room Ventilation. Every habitable room shall have at least one window facing directly outdoors which can be easily opened unless the room contains, in lieu thereof, another device affording ventilation which has 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 Minutes for Regular City Council Meeting February 14, 2000 Page 15 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: A dwelling containing two or more units shall have at least the equivalent or sixty (60) ampere, three-wire electric service per dwelling unit. Each dwelling unit shall have a least one branch electric circuit for each six hundred (600) feet of dwelling unit floor area. 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. 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 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: Minutes for Regular City Council Meeting February 14, 2000 Page 16 (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, 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. Minutes for Regular City Council Meeting February 14, 2000 Page 17 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: 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. 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 s^.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, 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. 5) Screening. A barrier which blocks all views from public roads and differing land uses to off- Minutes for Regular City Council Meeting February 14, 2000 Page 18 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. 5) 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 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, Minutes for Regular City Council Meeting February 14, 2000 Page 19 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 s^.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) (h) (i) s^.208 (2) 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 foot candles. Driveways leading to parking areas and/or access ways to buildings must be maintained and kept in good repair. In cases of tenant parking areas all parking stalls and driveways with access to tenant parking shall be hard surfaced with asphalt or concrete by July 1, 1998. Commercial Vehicles and Junk Cars. Commercial Vehicles and junk cars shall be regulated in accordance with Chapter 7, Article II, Section 5 of the Columbia Heights City Code, which is incorporated herein by reference. Variances under §5A.207 and §5A.208 shall be enforced and administered in accordance with §9.105. The criteria contained in §9.105(3)(d) shall be applied in deciding whether or not an applicant is entitled to a variance. Minutes for Regular City Council Meeting February 14, 2000 Page 20 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 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. s^.211(2) Rodent Harborages Prohibited in Public Areas. No owner of a dwelling containing two or more dwelling units shall accumulate or permit the accumulation of boxes, lumber, scrap metal or any other similar materials in such a manner that may provide a rodent harborage in or about shared or public areas of a dwelling or its premises. s^.211(3) Prevention of Food for Rodents. No owner or occupant of a dwelling or dwelling unit shall store, place, or allow to accumulate any materials that may serve as food for rodents in a site accessible to rodents. 5A.211(4) Sanitary Maintenance of Fixtures and Facilities. Every occupant of a dwelling unit shall keep all supplied fixtures and facilities therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. Minutes for Regular City Council Meeting February 14, 2000 Page 21 5^.211(5) 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 parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner. If the problem persists proof of professional extermination shall be supplied to the inspections officer upon request. 5A.211(6) Garbage, Rubbish, and Recyclable Materials. Garbage, rubbish and recyclable materials shall be regulated in accordance with Chapter 8, Article III of the Columbia Heights City Code, which is incorporated herein by reference. ARTICLE III Inspection and Enforcement Section 1: Enforcement and Inspection Authority 5^.301( ) 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 5^.302( ) 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 5^.303 Each dwelling or multiple dwelling which is the subject of a rental license shall be inspected at least once annually, subject to section 5A.303(2). 5A.303 (2) Inspections on individual dwelling units shall be required for tenant occupancy changes under the following conditions; (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 Minutes for Regular City Council Meeting February 14, 2000 Page 22 (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 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 s^.30s(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 Minutes for Regular City Council Meeting February 14, 2000 Page 23 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 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: 5A.402(1) (a) (b) License Procedures 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. Application shall be made on forms provided by the City and accompanied by the initial fee in an amount set by resolution of the City Council. The owner of an apartment building or rental home constructed after the date of passage of this Ordinance shall obtain a license prior to actual occupancy of any rental unit therein. Applicants shall provide the following information on license applications: 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. Minutes for Regular City Council Meeting February 14, 2000 Page 24 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). (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. Minutes for Regular City Council Meeting February 14, 2000 Page 25 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 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 Minutes for Regular City Council Meeting February 14, 2000 Page 26 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 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; (d) 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 Minutes for Regular City Council Meeting February 14, 2000 Page 27 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, 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 Minutes for Regular City Council Meeting February 14, 2000 Page 28 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 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 5^.503( ) 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 Minutes for Regular City Council Meeting February 14, 2000 Page 29 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. 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. Shall hereafter read as follows, to wit: Chapter 5A RESIDENTIAL MAINTENANCE CODE Article I General Provisions Section 1: 5A. 101(1) (a) (b) (c) 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; (d) To prevent the overcrowding of dwellings; Minutes for Regular City Council Meeting February 14, 2000 Page 30 (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. S^.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, 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. Minutes for Regular City Council Meeting February 14, 2000 Page 31 (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. (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 Minutes for Regular City Council Meeting February 14, 2000 Page 32 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. (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. 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 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 Minutes for Regular City Council Meeting February 14, 2000 Page 33 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 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 Minutes for Regular City Council Meeting February 14, 2000 Page 34 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. (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. Minutes for Regular City Council Meeting February 14, 2000 Page 35 (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 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. (J) 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, Minutes for Regular City Council Meeting February 14, 2000 Page 36 kitchen, and laundry room shall contain at least one electric convenience outlet. (5) Every public hall and stairway in every rental dwelling shall be effectively illuminated by natural or electric light at all times. In structures containing not more than two dwelling units, conveniently located functioning light switches controlling an adequate functioning lighting system which may be turned on when needed may be substituted for full-time lighting. Section 4: Minimum Thermal Standards 5A.204(1) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking or eating therein unless such dwelling or dwelling unit shall have heating facilities which are properly installed and maintained in safe and functioning condition, which are capable of safely heating all habitable rooms, bathrooms and water closet compartments in every dwelling unit located therein to a temperature of at least seventy (70) degrees Fahrenheit at a distance of three (3) feet above floor level and at three (3) feet from exterior walls, and which shall comply with the following requirements, to-wit: (a) Gas or electrical appliance designed primarily for cooking or water heating purposes shall not be considered as heating facilities within the meaning of this section. (b) Portable heating equipment employing flame or the use of liquid fuel shall not be considered as heating facilities within the meaning of this section and is prohibited. (c) No owner or occupant shall install, operate or use a space heater employing a flame that is not vented outside the structure in an approved manner. (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 Minutes for Regular City Council Meeting February 14, 2000 Page 37 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, 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. 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 s^.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 Minutes for Regular City Council Meeting February 14, 2000 Page 38 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, 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 Minutes for Regular City Council Meeting February 14, 2000 Page 39 (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. 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. Minutes for Regular City Council Meeting February 14, 2000 Page 40 (g) (h) (i) s^.208 (2) Section 9: 5A.209 (1) (a) (b) (c) (d) Section 10: S^.210(1) In dwellings of three (3) or more units, parking areas and pedestrian walkways must have a minimum light of 1 foot candle, and the maximum light at the boundary line of the premises may not exceed 3 foot candles. Driveways leading to parking areas and/or access ways to buildings must be maintained and kept in good repair. In cases of tenant parking areas all parking stalls and driveways with access to tenant parking shall be hard surfaced with asphalt or concrete by July 1, 1998. Commercial Vehicles and Junk Cars. Commercial Vehicles and junk cars shall be regulated in accordance with Chapter 7, Article II, Section 5 of the Columbia Heights City Code, which is incorporated herein by reference. Variances under §5A.207 and §5A.208 shall be enforced and administered in accordance with §9.105. The criteria contained in §9.105(3)(d) shall be applied in deciding whether or not an applicant is entitled to a variance. Fire Safety No person shall occupy as an owner-occupant or let to another for occupancy and dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which does not comply with the following requirements, to-wit; Every existing dwelling unit shall be provided with smoke detectors conforming to U.B.C. 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. 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. 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. Combustible material shall not be stored in boiler rooms, mechanical rooms or electrical equipment rooms. Discontinuation of Service or Facilities. No owner, operator or occupant shall cause any service, facility equipment or utility which is required under this Ordinance to be removed from or shut off from or discontinued for any occupied dwelling or dwelling unit except for temporary interruptions as may be necessary while actual repairs or alterations are made or during temporary emergencies. Minutes for Regular City Council Meeting February 14, 2000 Page 41 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 s^.301(1) 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 5A.302 (1) If an owner, occupant or other person in charge of a dwelling, dwelling unit or of a multiple dwelling Minutes for Regular City Council Meeting February 14, 2000 Page 42 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 5^.303 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). 5A.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 (d) Advise the person to whom the notice is directed of the right to appeal; and Minutes for Regular City Council Meeting February 14, 2000 Page 43 (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 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 Minutes for Regular City Council Meeting February 14, 2000 Page 44 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. (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 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). (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 Minutes for Regular City Council Meeting February 14, 2000 Page 45 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 (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. Minutes for Regular City Council Meeting February 14, 2000 Page 46 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 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; (d) MN Stat. {} 1 52.01 through 152.025, and {} 1 52.027, subds. I and 2, which prohibit the unlawful sale or possession of controlled substances; Minutes for Regular City Council Meeting February 14, 2000 Page 47 (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, 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 Minutes for Regular City Council Meeting February 14, 2000 Page 48 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: Section 4: 5A. 504(1) Failure Comply Upon failure to comply with a Compliance order within the time set therein, and no appeal having been taken, or upon failure to comply with a modified Compliance Order within the time set therein, the criminal penalty established hereunder notwithstanding, the City Council, after due notice to the owner, may by resolution declare the condition to constitute a public nuisance and cause the cited deficiency to be remedied as set forth in the Compliance Order. The cost of such remedy shall be a lien against the subject real estate and may be levied and collected as a special assessment in accordance with Minnesota Statutes Chapter 429, for abatement of nuisances and specifically for the removal or elimination of public health or safety hazards from private property. Any assessment levied thereunder shall be payable in a single installment. The intent of this section is to authorize the City to utilize all of the provisions of this Code and of Minnesota law to protect the public's health, safety and general welfare. Remedies Cumulative Any remedies pursued under this §5A. 501 to 5A. 503, inclusive, are in addition to the remedies or penalties prescribed under §5A.601 to 5A.611, inclusive. Minutes for Regular City Council Meeting February 14, 2000 Page 49 Section 5: Cost Recovery 5^.505(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 5A.603 5A.604 5A.605 5A.606 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. 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. No person, firm, corporation or licensee shall fail or refuse to obey a Compliance Order validly issued under this Code. No person, firm or corporation shall give or submit false information on a license application or any renewal thereof. No person who is an occupant of a rental dwelling or rental dwelling unit shall cause a rental dwelling, rental dwelling unit or the premises on which a rental dwelling unit is located to become in violation of any of the maintenance standards set forth in Chapter 5A, Article I! ({}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 Minutes for Regular City Council Meeting February 14, 2000 Page 50 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: January 24, 2000 February 14, 2000 February 14, 2000 Offered by: Wyckoff Seconded by: Szurek Roll Call: All ayes Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk Motion by Wyckoff, second by Szurek, to waive the reading of Ordinance No. 1395, there being ample copies available for the public. All ayes. Motion carried. Motion by Wyckoff, second by Szurek, to adopt Ordinance No. 1395, being an ordinance amending Ordinance # 853, City Code of 1977, as amended, pertaining to the Residential Maintenance Code and Licensing Rental Units. All ayes. Motion carried. Alexon thanked the rental property owners who were instrumental in the passage of this ordinance by their participation. Peterson thanked the rental property owners and glexon for their hard work. dim Hoeft, City gtton~ey, indicated the next six items on the agenda address removing Councilmembers as voting members of the listed Boards and CommJssJotis. Councilmembers wottM cotitJtitte to serve as [JaJsotis to their respective Board or Commission. HaroM Hoium questioned why the Economic Development Authority was not inchMed Hoeft indicated these are City Code created commissions and the EDA is a statutory commission, as is the Charter Commission. Bruce Nawrocki, 1255 Polk Place, felt the EDA is not a startirony commission and that it shouM have been inchMed Nawrocki felt it was not a good idea to remove Councilmembers fi'om Board and Commissions as Minutes for Regular City Council Meeting February 14, 2000 Page 51 there would be a loss of commtmicatiot~ at~d requested Uotmcilmembers remait~ ot~ commissiot~s. He suggested it~creasi~g membership mm~bers at~d cotltitmitlg to have Cotmcilmembers as votit~g members. Wyckoff read fi'om the EDA By Laws which states there are to be seve~ members, with at least two - but ~o more tha~ five Cotmcilmembers. She offered to step dow~ allowi~g a~y i~terested reside~t of Parln,iew ['711a to apply. She wottM really like to see more residems o~ the commissio~ts. Htmter stated he is ~ow o~ the Libra~y Board a~d if he is a voti~g member a~d o~ the Cotmcil, he would be voti~g twice. As a liaisons, he will o~ly bri~g i~(o~w~atio~ to cotmcil a~d o~ly vote o~ce. He will constitute to atte~d meeti~gs because it is his job, but also allow a~other reside~t to be o~ the Libra~y Board. Peterso~ i~dicated the EDA ca~ be discussed i~ the fiittire, a~d it has bee~ brought ttp that a reside~t 05'ore ParInview Filla) shouM be o~ the EDA. If the liaiso~s positio~s do ~ot work, this ca~ be readdressed by cottttci[. He hopes to get more people worki~g together i~ this commttttity - ~ot fighti~g each other. Second 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: January 24, 2000 Second Reading: February 14, 2000 Date of Passage: February 14, 2000 Offered by: Hunter Seconded by: Wyckoff Roll Call: All ayes Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Minutes for Regular City Council Meeting February 14, 2000 Page 52 Motion by Hunter, second by Wyckoff, to waive the reading of Ordinance No. 1405, there being ample copies available for the public. All ayes. Motion carried. Motion to Hunter, second by Wyckoff, to adopt Ordinance No. 1405, being an ordinance pertaining to the Park and Recreation Commission. All ayes. Motion carried. Second 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. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: January 24, 2000 Minutes for Regular City Council Meeting February 14, 2000 Page 53 Second Reading: Date of Passage: February 14, 2000 February 14, 2000 Offered by: Hunter Seconded by: Szurek Roll Call: All ayes Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk Motion by Hunter, second by Szurek, to waive the reading of Ordinance No. 1406, there being ample copies available for the public. All ayes. Motion carried. Motion by Hunter, second by Szurek, to adopt Ordinance No. 1406, being an ordinance pertaining to the Human Services Commission. All ayes. Motion carried. Second 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: (e) 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. (f) 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. (g) The Commission shall elect a Chairman from among its membership. The Secretary need not be designated from the Commission membership. 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: Minutes for Regular City Council Meeting February 14, 2000 Page 54 (h) 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. (i) 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. (J) 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: January 24, 2000 Second Reading: February 14, 2000 Date of Passage: February 14, 2000 Offered by: Wyckoff Seconded by: Szurek Roll Call: All ayes Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk Motion by Wyckoff, second by Szurek, to waive the reading of Ordinance No. 1407, there being ample copies available for the public. All ayes. Motion carried. Motion by Wyckoff, second by Szurek, to adopt Ordinance No. 1407, being an ordinance pertaining to the Planning and Zoning Commission. All ayes. Motion carried. Second 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: 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. Minutes for Regular City Council Meeting February 14, 2000 Page 55 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: January 24, 2000 Second Reading: February 14, 2000 Date of Passage: February 14, 2000 Offered by: Wyckoff Seconded by: Szurek Roll Call: All ayes Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk Motion by Wyckoff, second by Szurek, to waive the reading of Ordinance No. 1408, there being ample copies available for the public. All ayes. Motion carried. Motion by Wyckoff, second by Szurek, to adopt Ordinance No. 1408, being an ordinance pertaining to the Traffic Commission. All ayes. Motion carried. Second 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: 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: January 24, 2000 Second Reading: February 14, 2000 Date of Passage: February 14, 2000 Minutes for Regular City Council Meeting February 14, 2000 Page 56 Offered by: Szurek Seconded by: Hunter Roll Call: All ayes Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk Motion by Szurek, second by Hunter, to waive the reading of Ordinance No. 1409, there being ample copies available for the public. All ayes. Motion carried. Motion by Szurek, second by Hunter, to adopt Ordinance No. 1409, being an ordinance pertaining to the Library Board. All ayes. Motion carried. Second 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: 3.31s (1) A Columbia Heights Telecommunications Commission is hereby established which shall consist of seven (7) members to be organized as follows: (a) 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. (b) 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. (c) The Assistant to the City Manager, or a person designated by him/her shall be an ex-officio member of the Commission. (d) If a seat on the Commission becomes vacant before the term of said seat has expired, it shall be filled by appointment by the City Council. (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: (a) (b) 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. (c) The Assistant to the City Manager, or a person designated by him/her shall be an ex-officio member of the Commission. (d) If a 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 February 14, 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. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: January 24, 2000 Second Reading: February 14, 2000 Date of Passage: February 14, 2000 Offered by: Szurek Seconded by: Hunter Roll Call: All ayes Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk Motion by Szurek, second by Hunter, to waive the reading of Ordinance No. 1410, there being ample copies available for the public. All ayes. Motion carried. Motion by Szurek, second by Hunter, to adopt Ordinance No. 1410, being an ordinance pertaining to the Telecommunications Commission. All ayes. Motion carried. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1. Adopt Resolution No. 2000-11, being a Resolution Establishing Fees for Housing Inspections as Authorized by Charter 5A of City Code of 1977. 2. Alexon indicated this amends the City Code of 1977 related to the Housing Maintenance Code. This resohttion dictates fees charged to owners for rental license revocation. This is a compromise to the originally suggested fee structure. ]t proposes doubling fees charged after multiple inspections have been completed. Fees offset costs in providing notice to owners and rental property residents of the revocation hearing process and associated inspection fees. These changes were proposed by staff, with rental property owners input. This schedtde allows owriel~s who co~?'ect vJolatJoris Jr! the required time to riot stiffer these fees. RESOLUTION NO. 2000-11 BEING A RESOLUTION ESTABLISHING FEES FOR HOUSING INSPECTIONS AS AUTHORIZED BY CHAPTER 5A OF CITY CODE OF 1977 WHEREAS, Ordinance No. 853, City Code of 1977, pertaining to commercial licensing regulations provides for the establishing of annual license fees; and WHEREAS, the City has established business license fees for the year 2000 which include Rental Housing Licenses; and WHEREAS, the City has participated with Rental Property owners in an effort to modify the Housing Maintenance Code of the City; and WHEREAS, as a part of that modification, the City finds it desirable to amend licenses fees related to Rental Housing Licenses; THEREFORE, BE IT RESOLVED, that the attached proposed license fee schedule be adopted and effective March 15, 2000. Passed this 14th day of February, 2000. Offered by: Hunter Seconded by: Szurek Roll Call: All ayes Minutes for Regular City Council Meeting February 14, 2000 Page 58 Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk Motion by Hunter, second by Szurek, to waive the reading of Resolution No. 2000-11, there being ample copies available to the public. All ayes. Motion carried. Motion by Hunter, second by Szurek, to approve Resolution #2000-11, being a Resolution Establishing Fees for Housing Inspections as Authorized by Chapter 5A of City Code of 1977, as Amended. All ayes. Motion carried. Adopt Resolution No. 2000-12, being a Resolution Imposing a 120 Day Moratorium on the Change in Use of Property within the Business and Industrial Districts in the City of Columbia Heights Anderson indicated the request for a moratorium on development is concenl for overall/and use in Uohmlbia Heights'. This wouM allow for the completion of the Comprehensive P/an update, the Master Redevelopment Plan for the dowtltOWtl and the rewrite of the Cohtmbia Heights gotlJtlg Code. Ally change ill llSe or leilatit, flew or redevelopment wottM not be allowed to go fo~ar~ Cottact[ cottM consider extending this to the retail and business districts. Anderson stated the Zoning Ordinance will patte~w similar uses in similar zones and can be more restrictive Jtl setbacks, parking standw'ds and requirements, depending on the ~pe of use. Hoeft indicated this is not directed to any specific ~pe of bttsiness or indttst~, just allowing time for the Ci~ to camp[ere at~ over,lip/an. Peterson felt it is not right to tell a business owner, with a vacancy, that they cannot fill the space because of a moratorium. He stated he couM riot vote yes for this; there is no gttaratltee the drafts will be completed Jtl fottr months and it cottM become necessary to extend the moratorium. Hoeft stated this moratorium wottM not allow more businesses that may riot fit with the Comprehensive Plan. &urek stated concenl arose fi~om the desire to protect neighborhoods close by fi~om businesses that might attract clientele that wouM conce~?l neighborhoods. For her this is a reaction to phone calls for conce~?l of the proliferation of thrift stores in city. Peterson was conce~?led that this wouM ham back businesses fi~om leasing open space and restricting their income. Hoeft stated this is a legal means to prohibit development -for a short time. The City needs time to dete~wline where different types of business shouM be located. Fehst is concernled about different business uses for the dowtltOWtl. The MN Design Team discussed ideas to JtlCO179orate JtltO the dowtltOWtl platl. Recently, requests seem to go ill the opposite directtoll of the plan. He felt it is time to take a statld, evetl thottgh tttlCO~ortab/e, bttt allowing the City to be thorottgh in its planning. He felt we need to change the image of the city, and can riot do it with the ClllTetlt Zoning OrdJtlatlce. Hmlter questioned the research submitted by the building official, and suggested taking this back to a work session for fitrther research. Fehst stated there are no cu~'etlt applications. Wyckoff suggested removing ind~tstrial references. Fehst felt comfortable in eliminating ind~tstrial references, as the Design Team concentrated on commercial areas. Anderson indicated the entire 120 days' wouM be necessary to review and implement the Zoning Ordinance. Peterson wottM [ike this comp[eted as soon as possib[e, and sttggested a specia[ JP[anning and Zoning meeting, if helpfid. Fehst itldicated the dowtltOWtl redeve[opmetlt p[atl was riotie tttlder ottr itlitiative. We are ill [tile with other cities doJtlg substantial rewrites on their Comprehensive Plans. RESOLUTION 2000-12 BEING A RESOLUTION OF THE COLUMBIA HEIGHTS CITY COUNCIL IMPOSING A 120 DAY MORATORIUM ON THE CHANGE IN USE OF PROPERTY WITHIN THE BUSINESS DISTRICTS IN THE CITY OF COLUMBIA HEIGHTS WHEREAS, on August 12, 1974, the City of Columbia Heights adopted Ordinance 818 which is an ordinance relating to and establishing a zoning plan and revised zoning map for the City of Columbia Heights; and, WHEREAS, Ordinance 818 and subsequent amendments is officially known as the Columbia Heights Zoning Code; and, WHEREAS, the Columbia Heights Zoning Code divides the City into four residential districts, four business Minutes for Regular City Council Meeting February 14, 2000 Page 59 districts, and two industrial districts; and, WHEREAS, the four business districts are further classified in the Columbia Heights Zoning Code as the LB Limited Business District, the CBD Central Business District, the RB Retail Business District, and the GB General Business District; and, WHEREAS, the City Council determines it is necessary to complete the Comprehensive Plan update, the Master Redevelopment Plan for Downtown Columbia Heights, and the rewrite of the Columbia Heights Zoning Code before permitting a change in use of any property located in the business districts within the City; and, WHEREAS, for the purpose of this resolution, change in use shall be interpreted to mean any occupant change from the time of adoption of this resolution which includes, but is not limited to, activities such as a change in tenant, redevelopment of property, or new development. NOW, THEREFORE BE IT RESOLVED THAT in an effort to protect the health, safety, and welfare of the public the Columbia Heights City Council hereby imposes a 120 day moratorium on the change in use of property within the business districts in the City of Columbia Heights, with said moratorium commencing and effective the date of adoption of this resolution, and recognizing said 120 day time period may be shortened or extended by adoption of a resolution of the City Council. BE IT FURTHER RESOLVED THAT activities affected by this moratorium include anything in the business districts requiring action by the Planning and Zoning Commission, building permits for work involving structural changes, and change in tenant or owner-occupant of a property. This does not include building permits for maintenance issues such as roofs and/or siding. Also, formal applications submitted for Planning and Zoning Commission action prior to the date of adoption of this resolution will not be impacted by the moratorium. Passed this 14th day of February, 2000. Offered by: Hunter Seconded by: Szurek Roll Call: Ayes: Hunter, Szurek, Wyckoff Abstain: Peterson Patricia Muscovitz, Deputy City Clerk Mayor Gary L. Peterson Motion by Hunter, second by Wyckoff, to waive the reading of Resolution No. 2000-12, there being ample copies available to the public. All ayes. Motion carried. Motion, by Hunter, second by Wyckoff, to adopt Resolution 2000-12, being a Resolution of the Columbia Heights City Council Imposing a 120 Day Moratorium on the change in the use of property within the business district in the City of Columbia Heights. Aye: Hunter, Szurek, and Wyckoff. Abstain: Peterson. Motion Carried. B. Bid Considerations Other Business 1. Authorize Application for MHFA Community Fix-up Funds Anderson indicated gnoka County proposed combined with the 14 other communities invoh~ed in the Remodeling Platt Book, to offer loans for ttp to $35,000, at a 2 to 8% percent interest rate based on hottsehoM income, for homes built before 1970. This provides a discount prog~'am with a buydown fi'om 8% to 6%, with a contribtttion of $50, 000 by ottr City and a match by MHFA. The program wottM start in dttne and rttnfor a 20 month time period. CRR is purchasing a home in Fridley, to remodel with ideas fi'om the platt book, for people to go in and view. Fehst indicated this program will not take up a lot of staff time, as it will be handled by CRR. Dropping the interest ~te 2% on $35,000 wouM allow major improvements to many homes. Wyckoff indicated this prog~'am is limited to Post Worm War II homes. Anderson indicated the Minnesota Fix Up Ftmd and Home Energy Loans are also available for improvements. Motion by Szurek, second by Wyckoff, to authorize Community Revitalization Resources Minutes for Regular City Council Meeting February 14, 2000 Page 60 to apply to the Minnesota Housing Finance Agency to participate in the Community Fix- up Fund in a joint application with the fifteen cities co-sponsoring the Remodeling Planbook; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. All ayes. Motion carried. Motion by Szurek, second by Wyckoff, to approve the commitment of $50,000 for an interest rate subsidy program for the Community Fix-up Fund to be appropriated from Fund 226, Special Project Revenue and to authorize Community Revitalization Resources to apply to the Minnesota Housing Finance Agency to match this commitment; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. All ayes. Motion carried. 8. ADMINISTRATIVE REPORTS A. Report of the City Manager Fehst indicated the EDA meets Dtesday night, February 15 at 6:30p. m. B. Report of the City Attorney HaroM Hoium questioned amounts paid to the City Atto~wey on the SheffieM project. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions 1) Meeting of the Planning and Zoning Commission meeting of February 1, 2000. 2) Meeting of the Public Library Board of Trustees meeting of February 1, 2000. Wyckoff indicated the City is working on a compromise with Metro Transit regarding the ~18 bus. She gave a brief overview of the proposed route, and indicated she has Metro Transit comment cards available. 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.) HaroM Hoium recommended ordinances or resohttions for the following items: first hour of Council worksessions be devoted to residents questions; abolish the position of City A tto~wey; and that bus shelters be required to have doors. Fehst indicated residents may call the City Clerk to have items placed on Council agendas; the position of (7ity Attomtey is ve(y necessa(y; and the bus shelters are the responsibility of Metro Trat~sJt. HaroM Hoium discussed snow removal on sidewalks. doyce Meier, resident, had questions on a letter she received fi'om the Building Official. Fehst indicated a meeting cottM be set ttp with the Btti/ding Ofdqcia/ to answer her qttestions. The Mayor wished everyone a "Happy ["~dentines Day ". 11. ADJOURNMENT Motion by Hunter, second by Szurek, to adjourn the meeting at 8:53 p.m. All ayes. Motion carried. Patricia Muscovitz, Deputy City Clerk