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HomeMy WebLinkAboutJuly 26, 1999 RegularCITY OF COLUMBIA HEIGHTS. 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 Mayor Gary L. Peterson Councilmembers Donald G. Jolly John Hunter Marlaine Szurek. Julienne Wyckoff ADMINISTRATION City l~anager Walter R. Fehst The following is the agenda for the regular meeting ofthe City Council to be held at 7:00 PM on Monday July 26,1999 in the City Council Chambers, City Hall, 590 40th Avenue N.E, ColUmbia Heights, Minnesota. The City of Columbia Heights does not. discriminate on the basis of disability in the admission or access to, or.treatment or employment In, its services, programs, or activities, uPon request, acCommOdation ~b~;prb~ided to alloW individuals With disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. 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.) 4. 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.) A. MOTION: Move to approve Consent Agenda items as follows: 1) Approval of Meeting Minutes · MOTION: Move to approve the minutes of the July 12, 1999 Council Meeting as presented. 2) Replacement of Automatic Transfer Switch for Emergency Generator Connection at Silver Lake Lift Station MOTION: Move to approve the expenditure of $3,979.70 to Cummins North Central for one new generator automatic transfer switch from Sanitary Sewer Fund #602-49450-5180. 3) Authorization to Seek Bids for Sanitary Sewer Lining at 42"a Avenue from Fillmore Street to Reservoir Boulevard nd MOTION: Move to authorize staff to seek bids for the sanitary sewer lining on 42 Avenue frOm Fillmore Street to Reservoir BOulevard. Page 1 THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASI~ OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES E~QUAL OPPORTUNITY E;MPLOYER 4) Authorization to Seek Informal Quotes for the Replacement of Toro Groundmaster, Unit #237 'MOTION: Move to authorize staff to seek informal quotes for the replacement of Toro Groundmaster #237. 5) Authorization to Seek Informal Ouotes for the Replacement of Olathe Seeder #236 and Ryan Tuff Aerator #227 MOTION: Move to authorize staff to seek informal quotes for the replacement of Olathe Seeder #236 and Ryan Turf Aerator #227. 6) Authorization to Seek Informal Quotes for the Replacement of Toro Commercial Mower #241 MOTION: Move to authorize staff to seek informal quotes for the replacement of Toro Commercial Mower #241. 7) Authorization to Seek Bids for Bituminous Mill and Overlay Repairs MOTION: Move to authorize staff to seek bituminous mill' and overlay repairs for Pierce Street, 37t~ Avenue to cul-de-sac (water main break repair); 43'a Avenue, east of Central Avenue (emergency service repair); Pierce Terrace (emergency Minnegasco repair); and 1036 Gould Avenue (car fire repair). 8) Authorization to Seek Ouotes to Replace Windows in MSC Shop Office MOTION: Move to authorize staff to seek quotes to replace windows in the MSC Shop Office. 9) Authorization to Seek Quotes to Replace Street Light on 40th Avenue between Van Buren Street and Central Avenue MOTION: Move to authorize staff to seek quotes to replace street light on :40th Avenue between Van Buren Street and Central Avenue. 10) Authorization for Public Works Director to Attend the APWA (7on.ess in Denver. Colorado MOTION: Move to approve the attendance of the Public Works Director at the 1999 APWA Congress and Exposition in Denver, Colorado, to be held September 19-22, 1999; and that all related expenses be reimbursed fi:om proper funds. 11) Establish Council Work Sessions MOTION: Move to establish Monday, August 2, 1999 at 8:00 p.m. and Monday, August 16, 1999 at 7:00 p.m. as the dates and times for Council work session dates and times. 12) Establish Public Hearing to Consider Alley Lighting MOTION: Move to establish August 23, 1999, 7:00 p.m. as a public hearing for consideration of alley lighting between Fifth Street and Sixth Street, 47~ Avenue to 48~ Avenue, on a pole behind 4840 Sixth Street Northeast. 13) Close Hearing - Rental License Revocation MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Greg Heinen regarding rental property at 1020 44~ Avenue in that the property is in compliance with the Housing Maintenance Code. Page 2 14) Establish Hearing Date - License Revocation, Rental Properties ,MOTION: Move to establish a hearing date of August 9, 1999 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Thomas Zarembski at 4201 Sixth Street Northeast. 15) Ap_~lication for One-Time Oitmbling Request by.E~t River Hockey Association MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a one-time bingo event to be conducted by the East River Hockey Association at the Church of the Immaculate Conception, 4030 Jackson Street Northeast, Columbia Heights, on August 7 and 8, 1999; and furthennore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. 16) Approval of License Applications MOTION: Move to approve the items as listed on the business license agenda for July 26, 1999, and further approve the waiver of the license fees for the Single Event on Sale Beer License for Immaculate Conception Church for the dates of August 7-8, 1999. 17) Attendance of the Assistant to the City Manager at the NATOA Conference MOTION: Move to authorize the attendance of Linda Magee, Assistant to the City Manager, at the National Association of Telecommunications Officers and Advisors Conference to be held in Atlanta, Georgia, from September 15-18, 1999, and that all related expenses be reimbursed from funds 225-49844- 3105 and 225-49844-3320. 18) Payment of the Bills MOTION: Move to authorize payment of the bills as listed out of proper funds. 19) First R _e~_ i0g of Ordin.ance No. 1397 Being an Ordinance Establishing a.Storm Water Utility MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. MOTION: Move to establish August 9, 1999 at 7:00 p.m. for the second reading of Ordinance No. 1397. 20) Demolition Contract Change Order MOTION: Move to accept change order #1 for removal and disposal of one fuel tank at 627 38* Avenue NE submitted by Blue Earth Environmental Company, based upon their change order dated July 19, 1999; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. 5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A. Newly-Hire4 Employee Paul Orosse, the newly-hired Information Systems Technician B. National Night Out Proclamation C. Pres0ntation by Representative of VFW Post #230 Re: Donation for Party Wagon Page 3 6. PUBLIC HEARINGS A. Second Reading4tlhabli¢ Heating of Ordinance No. 1395 Being an Ordinance Amending Chapter 5A of the Ci_ty Code Regarding the Housing Maintenance Code and Licensing Rental Units MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. MOTION: Move to adopt Ordinance No. 1395 being an ordinance amending Ordinance No. 853, City Code of 1977, as amended pertaining to the residential maintenance code and licensing rental units. B. Second Re,lng/Public Hearing of Ordinance No,1396 Being an Ordinance Amending Ordinance No. 853, Prohibiting Going from Alley to Alley MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. MOTION: Move the adoption of Ordinance No. 1396 being an ordinance amending Ordinance No. 853, prohibiting going from alley to alley. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions None B. Bid Considerations None C. Other Business 1) Re-dedication of Mill Street MOTION: Move to re-dedicate Mill Street as Veterans Avenue, as an additional name, based on a recommendation of the Traffic Commission. 8. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney Page 4 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions 1) Library Board of Trustees July 6, 1999 meeting 2) Planning and Zoning Commission July 6, 1999 meeting 3) Economic Development Authority June 22, 1999 meeting 10. CITI7.RN$ FORUM TO ADDRESS TH~ COUNCIL ON MATTERS NOT ON AGENDA (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.) 11. ADJO NT MOTION: Move to adjourn the Regular Council Meeting. Walter Fehst, City Manager WF/js Page 5 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY.COUNCIL REGULAR COUNCIL MEETING JULY 12, 1999 1. CALL TO ORDER/ROLL CALL The meeting was callod to order by Council President Jolly. Present were Council President $olly and Council members Szurek, Wyckoff and Hunter. Mayor Peterson was out of town. 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO MEETING, AGENDA. (The Council, upon majority vote of its members, may, maite~,.addltiol~ and deletions to the agenda. These tony be items brought to the attention of the- Council under the Citizens Forum or items submitted after the agenda preparation deadline.) A resident requested the item "First Reading of Ordinance No. 1395 - Amendments to the Housing Maintenance Code" be removed from the Consent Agenda. .4., 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.) A. Motion by Szurek, second by Wyckoff to approve the consent agenda items as follows: 1) Approval of Meeting Minutes The Council approved the minutes ofthe June 28, 1999 Council Meeting as presented. 2) Fir~ ]gcadinn,.of Ordinan~ No. 1396 Prohibitint Goinn~From AII~ to Alley The reading of the ordinance was waived there being ample,e.~pi~s available for the public. ORDINANCE NO. 1396 BEING AN' ORDINANCE 'A.MENDING ORDINANCE NO. 853, CHAPTER 7, ARTICLE 11, SECTION 7.204(C) OF THE COLUMBIA HEIGHTS C~,.,~DODE OF'1977 .:.i PROHIBITING MOVING'OP~(~NS WHEREAS, the ordinance currently reads as follows: 7.204(C) No person shall drive a vehicle on any public, alley or private wadway at a speed greater than is reasonable and prudent under the circumstances and in no event at a speed ~ater than ten miles per hour in an alley, or 15 miles per hour on a private roadway. Revised it shall read as follows: 7.204(C) No nerson shall drive a vehicle on any public alley or ~rivate roadway a! a meed nreater than is reasonable and orudent under the circumstances and conditions, and in no event ~tt a _speed _re'eater than ten miles t~er hour in an alley, or 15 miles ~er hour on a _m-ivate roadway, No 9erson may ~ooerate a mgtor vehicl.~ on it pl~blic alley unless ~t~ to do ~ bv a v~ce offi~, au&o~ ~~ s~ office, rede ~lice offi~, or ~tho~ ~.~n~! devi~e. ~c~t ~uBing ~~ o~. t~. ~r ~ and ~t~s. ~fin~ a motor v~cle in ~ o~i~ law~l ~. ~s ~tio~ ~alin°t beht~M to 9~lud~ use of~levs bv &e follow~: (ah Persons verformJna authorized activities on behalf of any law enforcement a=encv. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: July 12, 1999 The second reading of Ordinance No. 1396 was scheduled for July 26, 1999 at approximately 7:00 p.m. 3) School Liaison Officer Contract The Council authorized the Mayor and City Manager to approve the joint powers agreement with School District #13 for the provision of a police school liaison officer ~s stipulated in the joint powers agreement for the period of September 7, 1999 through lune 8, 2000. 4) First Rendin= of Ordinance no. 1395 - Amendments .to the Housinn Maintenance Code This item was r~moved from the Consent Agenda for diSCussion l~in the meeting. 5) Variance ]~muest- 1165 $0' Avenue Northeast The Council approved the variance of two feet at 1165 $0~ Avenue Northeast because the topography on the property creates a hardship. 2 6) RFP for Telecommunications System ~ ' The Council authorized the City's telecommunications consultants, Elert &Associates, to publish and distribute the RFP for a new telecommunications system and receive and compile responses to RFP. 7) Establish Hearina Dates. License Revocations. Rental Pronerties The Council established a hearingldate ofSune 26,' 1~99 i~or i~egocation or suspension of a license to operate a rental property within:the City of Columbia Heights against'.Greg Hein~ at 1020 44th Avenue Northeast, against Joe B~-~.ett at 4'5144516 Fitlm°re Street Northeast and against Kunal Kamran at 2215 45e Avenue Northeast. 8) ADDroval of License Anolications and Rental Housimt License ADvlications The iSouacil apvtoved thd ii a0vlicationS U &d mV :the al housing license applications as noted in the memo from the AssistantFire Chief dated JUly 7, 1999. 9) A_ _trproval of payment of Bills The Council approved payment ofthe bills as listed 0utrofthe pwper~ds. Roll call on Consent Agenda: All ayes First Reading of Ordinance No. 1395'- Amendm~ts to the Housina Maintenance Code This item was removed at the request ofa resident~ He felt the ~mandate to have copies available for the public was not met. He wantedthe ordinance to be read in ~s entirety.'He was advised there were copies of the ordinance still available jrt the pamphlet rock .adjaeent to the Council Chambers. The City Attorney advised the Council President to continue the process for the first reading of the ordinance: Motion by Wyckoff, second by Szurek to waive the. reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1395 BEING AN ORDINAN~.~!:NG:OP~,~A~flCE NO. CITY CODE OF 1977,'AS AME~ED 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,, which reads as follows, to wit: Chapter 5A Article I Section 1: 5A.~O~O) (a) Co) (c) (d) (e) (f} 5A.101(2) Section 2: $A. 102(1) HOUSING MAINTEN~CE CODE General Provisions Statement of Purpose The purpose ofthe 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 mas 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 laud and buildings throughout the city. With respect to disputes between landlords and tenants, and except as otherwise specifically provided by terms of this Ordinance, the City Council will not intrude upon the accepted contractual relationships between landlords and tenants. The City Council will not intervene as an advocate of either party, nor will it act as an arbiter, nor will it be receptive to complaints from landlords or tenants which are not specifically and clearly relevant to the provisions of this Code. In the absence of such relevancy with regard to rental disputes, it is iatmuled that the contracting parties exercise such legal sanctions as are available to limn without the intervention of City government. In enacting this Code, the Council does not intend to inta'fere or pe~t interfermce with legal rights to perm~ privacy. Applicability This Code establishes minimum ~andards for main~g dwellings, accessory structures and premix. This Code is intended to provide standards for housing. Applicable requirements shall apply to all apartment units, homes, a~cessory structures, roomJ,g houses, lodging and/or hoarding houses and house trailers used or intended for use for human habitation. Section 3: $A.103(1) (a) (c) (d) (e) (0 (g) (h) (i) 0) 00 Definition~ The following definitions shall apply in the interpretation and enforcement of this Code', to wit; 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. Apartment Unit. Apartment, apartment unit, or dwelling unit means a room or group of rooms located within a building which form ~ single habitable trait with facilities which a~e used or are intended to be used for living, sleeping, cooking or eating. Approved. An indication that an item meets coustructio~ installation, and maintenance standards of the state of Mi~mesota and of this Code. Basement. Any floor level below the first story in abuilding, ~xcept that floor level in a building having only °/le fl°°rieVel/hail be classified as a basement unless such floOr level qualifies as a first story as defined herein. Building: Any structure having a roof which may provide shelter or enclosure for persons, '~als, or chattels, and, when, sai~d structure is di .vided 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 Maintenan~ Code: clean. Theabsence of rubbish, garbage, vermin or other unsightly, offensive or ex~eous . matter. Dwelling. A structure or portion thereof desto, ex~:lusively: for residential occupancy, including boarding and lodging hotiSeS; but not including hotels and motels. Dwelling Unit. Code). Dwelling unit has the same m~g as apartment unit (within this Exit. A continuous and unobSUUcted mm of egress to a public way and shall include intervening doors, doorways, corridors, ramps, staiv0vays,~ smoke-proof enClosUres,'h°rizon-tal exits, exit p~!ys,,rxii c°~ and Yards. Family. An individual, or tW~O or mor~. p.~ersons each related bY blood, marriage; adopt]on, or foster children, living tog~er as a single housekeeping umt; or a group (o) (p) (q) (r) (s) (x) of not more than four persons not so related, maintaining a common household and using common cooking and kitchen facilities. (l) Functioning. In such physical condition as to Safely perform the service or services for which an item is designed or intended. Garbage. Garbage is defined in 5.605(2Xa). Habitable. A dwelling unit or part thereof that meets minimum standards for use as a home or place of abode by one or more persons. Hot Water. Water heated to a temperature of not less than 110 degrees Fahrenheit, measured at faucet outlet. Housing Code. Section 5A of this Code together with the Uniform Housing Code, 1985 Edition, International Conference of Building Officials. Infestation. The presence within or around a dwelling or dwelling unit of any insect, rodent, vermin or other pest. Kitchen. A habitable room within a dwelling uni! intended to be used for the cooking of food or preparation of meals. Occupant. Any person (including owner or operator) living, sleeping, cooking or eating within a dwelling unit. 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 thc right to determine who occupies a rental structure (even though that fight may be subject to a lease or rental agreement), or a person, finn, corporation who shall have the power to rent or let premises to another for purposes of this Code. Person. Any individual, firm, partnership, association, corporation, company or a joint venture or organization of any kind. Premises. i A platted lot or part th~reofor unplatted parcel of land, and adjacent right.of-way either occupied or unoccupied by any dwelling or structure. 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. Rental Dwelling. Any dwelling for hire with one or more living units =Rantal dwellings for 6 purposes ofthisCode do ~ot include hotels, motels, ~ hospitals ~ homes ;for the aged. Repair. Repair shall mean to restore to a sound, acceptable state of operation, serviceability or appearance.,. Repairs shsll be expected to last as long as.with th~ replacement by new items. ~' (z) Rodent Harborage. A place where rodents commonly live, nest, or establish, their habitat. (aa) Replace or Replacement. To r,m~ve an existing or portion ora system and to construct or install a new item or a quality sinfilar to that of the exisfn~ item when it was new. Replacement ordinarily takes pl~ when repa/r of the item is.impractical. Rooming Houses.. Ally group of rooms which form single ~itable 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) Co) of this City Code. (dd) Safe. The condition of being free from danger and ~ which may cause accidents or disease. (ce) 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 lewl 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 prope~. (gg) Unsanitary. Conditions which are ~us or hazardmm to'the health of persons. (hh) Water Closet..,A toilet, witha 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. SA. 103(2) Whenever the words "dwelling,",'dweltiag trait,' "premises,*' or "structures" are used in this Chapter, they shallbe construed as though they were followed by the words "or any part thereof." Article H Minimum Standards Section h Basic Equipment and Facilities 5A.201(1) No peeson shall occupy as an owner, occupant or let to another for oecupancy any 7 (d) (e) dwelling or dwelling unit for thc purposes of living, sleeping, cooking or eating therein which does not comply with the following requirements, to-wit; 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. Kitchen Storage. Bach 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. 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. 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 clcanable surfaces, shall be connected to an approved water system that at all times provides an adequate amount of running water under pressure to cause the water closet to be properly functioning, and shall be connected to the City sewer system. Lavatory Sink. Every dwelling unit shall contain a lavatory sink. Said lavatory sink may be in the same room as the flush water closet, or, iflocatad in another room, the lavatory sink shall be located in close proximity to the door leading directly ~ the room in which said water closet is located. The lavatory sink shall be in ~ 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 nnming 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 ofheated and 8 unheated water under pressure, and shall be connected to the City sewer system. (g) Stairways, Porches and Balconies. Every stairway or flight of s~, whether inside or outside of a dwelling, and every porch or balcony shall be kept in safe condition, sound rePair, and free ofdetefior~tion, Bvery ~ell and every t~ght of stairs which is four risers or more .high shall have handrailS.which conf ~orm to the standards sm for*& in §6;201 (1). Every porch, balcony or deck wMch 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. Bvery 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 ha~e pulled away from the supporting, or adj~ent structures enpugh to ,cause a.h~ No flight of stah's may have rotting, loose or deteriorating s~rts, The treads and risers ofevery flight of stairs, except spiral or winding stairways, shallbe essentially uniform in wid~th and height. Stai~ays shall be capable of. suPporting a live load. or one hundred (lO0) pOunds per, square foot of horizontal projeCtion. (i) Access to Dwelling Unit. Access to or egress from eae__h dwelling unit shall be provided without passing through any other dwelling Rt. ~, All buildings and/or maintenance improverncnts inspected pursua,~ to Chapter 5A, the Housing Maintenance Code, shall be jUdged and inspected in accordance with the applicable Uniform BuildingCode and Uniform Fire Code, as follows: 0) Section 2: (1) Existing Installation. Buildings in existence..at the time of the adoption of the Code may have their use or occupancy continued, ifsuch use or occupancy was legal at the .. time of the adoption ofthe 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 ~ and sani~ condition.. Ail devices or safeguards which exe req~ by th~ Code shall ~ maintained in conformance with the ~edition ~er whi~ ~1~.. All repairs, replacemen~ or maintcr~n, ce ~ thz~~ or dwelling unit shall be installed or made so as to be compatible with the surrounding building materials and general Door and.window Locks , $A~202(1) ~ No person shall occupy as an owner-occUpant or letto another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, c~oking 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: 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 ofcontrolled 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-latcbes shall be of the type that are permanently locked. An approved lock box with building entry key, boiler room key, laundry and common area keys, all marked individually accessible to the Fire Department must be provided for access to the building. The enumerated keys must be present in the lock box at all times. A communication system or device such as an intercom, telephone, audible bell or buzzer or other approved means or making contact with the tenants must be provided. Every door that provides ingress or egress for a dwelling unit within a multiple family unit shall be equipped with an approved lock that has a dead locking bolt that cannot be retracted by end pressure; provided, however, that such doors shall be openable from the inside without the use of a key or any special knowledge or effort. (c) Section 5A.203(1) All ingress, egress and interior doors shall be kept free of holes and/or punctures. 3: Light, Ventilation, and Electric No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, cooking, or eating therein which does not comply with the following requirements, to wit: Habitable Room Ventilation. Every habitable room shall have at least one window facing directly outdoors which can be easily opened unless the room contains, in lieu thereof, another device affording ventilation which has bern approved by the Building Official. The minimum total ofopenable window area in every habitable room shall be the greater of four percent (4%) of the floor area of the room or four (4) square feet. Sleeping Room Egress. Sleeping rooms in buildings existing prior to this code must have window or door openings for ~gress of no less than four (4) square feet or the minimum size required by the Building Code in effect when tl~ dwelling was construcmt. Space that is added on or converted to sleeping rooms must meet the applicable codes at the ~me of conversion for habitable rooms md provide a me,ms of egress with openable area ofno less than 5.7 square feet. Nonhabitable Room Ventilation. Every bathroom, water closet compartment, laundry room, l0 utility room,.or other nonhabitable room shall contain a minimum total ofopenable window area of no less than 1.$ 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 ele~ctrical service, functioning over current protection devices, functioningelectdcal outlets, and functioning electrical fixtureswhich 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 co .ntainin~ ' g 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 suppli~ ceilingolwall ~ electric light fixture, and every bathroom, kitchen, and laundry room shall contain at least one electric convenience outlet. (5) Every pubOc hall and stairway in every rcntal .dwel./~- shall be cffoC~vely illuminatedby natural or electric lig~ t at all times, In structures containing not more than two dwelling units, conveniently located fu~ ~ 6oning light switches controlling .an adequate functioning lighting sy ~st~mwhich may be turned on when needed may be substituted for full-ti~.~e lighting. Section 4: Minimum Thermal Standards 5A.204(1) No person shall occupy as an owner.-occupau, t o~ 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 fimcti~ 'oning condition, which are capable of~ safely heatin&~ll~.,.habitable wow.s, bathrooms arid water closet compartments.m eyery dwelling unit located therein to a temperature of at least seventy (70) degrees K~u-enheit at a distance of three (3) feet above floor level and ll (a) at three (3) feet from exterior walls, and which shall comply with the following requirements, to-wit: ~ - ' ' 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. 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. 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) Section 5A.205(1) (a) (c) No owner shall supply portable electric heaters to comply with this § 5.204(1). Foundation, Exterior Walls, and Roofs 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; 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. Windows, Doors and Screens. Every window, exterior door and hatchway shall be tight and shall be kept in repair. Every window other than fixed window shall be capable of being easily opened and shall be equipped with screens between May I and September 30, inclusive, of each year. Every window, door and frame shall be consUucted and maintained in such relation to the adjacent wall construction as to completely exclude rain, vermin, rodents, and insects from entering the building. Floors, Interior Walls and Ceilings. Every floor, interior wall and ceiling shall be protected against the passage and harborage ofvermln and rodents and shah 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 12 lasting toxic effect. Every toilet room and bathroom floor surface shall becapable of being easily maintained in a clean state. (d) Rodent Proof. Each part of every dwellin$ shall be rodent lmsistant. All openings in exterior walls, foundations, basements, ground or first floors or.roofs which have an. opening of ½" 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 thc 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. (0 Accessory Structure Maintenance.. Accessory struc ~mres 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) (h) 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. 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: O) For the first occupant, 150 square habitable room floor space and for every additional occupant thereof, at least 100 square feet of habitable room floor space. (2) In no event shall the total, number of occupants exceed two times the number of habitable rooms, less kitchen, in the dwellin~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 fsmily, other than for temporary guests. ~ 13 Section ?: Screening and Landscaping 5A.207(!) 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 no! comply with the requirements of this §5A.207 (a) Definitions. For the purposes of this Section, the following terms shall have the meanings stated: O) Fence. Any partition, stmctvre, 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. (s) Screening. A barrier which blocks all views from public roads and differing land uses to off-street parking areas, loading areas, service and. utility areas, and mechanical equipment. Every yard of any premises on which a dwelling or dwelling unit is located shall have installed and maintained landscaping in accordance with the provisions of this section. (]) (2) (3) Sodding and Ground Cover. All exposed ground area surrounding he principle building and accessory buildings, which me not devoted to driveways, parking areas, sidewalks, or patios, shall be sodded or lmtscaped with shrubs, trees, gardens, or other ornamental landscape m~terials. No lan~ m'ea shall be used for the parking of vehicles or storage or display of materials, supplies or merchandise. Slopes ~l Berms. Final grades with a slop~ ratio ofgr~er than thr~ (3) to one (I) will not be permitted without special approved treatment such as special weed mixtures or reforestation, terrac~ or retaining walls. Berming used to provide required screening of par!a~ 'ng lots md other open mvas shall not have slopes in excess of three (3) to one (I). 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 14 crevices by' foundations must'be promptly removed to.a{roid 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 fi'om 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 oftbe area for which screerting is requirer.. Wh~ natural materials, such as trees or hedges, are used' to meet the screening requirements'of this sub-section, density and species of planting'shall b· such to achieve seventy-five ('t5) 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 '~ed pursuant tO' §SA.207(IXc) must either provide screening pursuant to §5A.207 (1) (c) or provid~~a minimum on one d~ciduous 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. Fences. All fenceS and screening deviceS shall be bui!limd regulated in accordance with Chapter 6, Article IV of the Columbia Hgights City Code, which is incorporated herein by reference. (0 Outside storage of articles; ~:quipment, e, onsmicfio~ mat~als, itemsnot deSigned for ¢~xterior use, and miscellaneous items, including but not limited to, lawn mowers and other lawn maintenance equipment shall not be allowed. A weather ti ~.ght, rodent-proof storage building or shed must be constructed for storage of itema not storable within the building. (g) Variances under §5A.207 shall be ~rfforced and administered in accordance with §5A.208(2). Section 8: Exterior Parking, Pedestrian Walkways and Lighting. 15 ~A.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: 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. The required parking space must have a minimtun 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. (0 Lighting must be provided for parking areas and w~kways betw~ the parking area and the dwelling unit in dwellings consisting of three (3) or more units. Lighting must be available for parking areas and walkways. Between the parking area and the dwelling unit for dwellings of two (2) or less units. (g) In dwellings of three (3) or more units, parking areas and pedes~an walkways must have a minimum light of 1 foot candle, and the maximum light at the boundary line of the premises may not exceed 3 foot candles. (h) Driveways leading to parking areas and/or access ways to buildings must be maintained and kept in good repair. In cases of tenant parking areas all parking stalls and driveways with access to tenant parking shall be hard surfaced with asphalt or concrete by July 1, 1998. (i) Commercial Vehicles and Junk Cars. Commercial Vehicles and junk cars shall be regulated in accordance with Chapter 7, Article H, Section $ of the Columbia Heights City Code, which is incorporated he~in by refinance. $A.208 (2) Variances under §5A.207 and §$A.208 shall be enforced and administered in accordance with §9.105. The criteria contained in §9.105(3)(d) shall be applied in deciding whether or not an applicant is entitled to a variance. Section 9: Fire Safety 16 5A.209 (1) No person shall occupy as an owner-occupan, t or le~t.~ another f6r occupancy and dweilir~g or 'dwelling ~unit [or the purposes of living,, sleeping, .cooking or eating therein which does not comply with the folio.wing 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 m0unte~t., on the ceiling or wall at a point centrally located in' the corridor or area giving acces~ to roo~ms 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 diScorm_ecting switch Other than those required for over current protection. (c) No person, finn, or corporation shall tamper with any smoke detection device. Any person, firm, or corporation proven to havetampered 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. 5A.210(1) No owner, operator or occupant shall cause any service, facility equipment or utility which is required under this Ordinance to be removed from or shut off from or discontinued for 'any occupied dwelling or dwelling unit except for temporary interruptions as may be necessary while actual repairs or alt6rations are made or during temporary emergencies. Section 11: PUblic Health and Safety 5A.211(1) Rodent Harborages Prohibited in Occupi~ AreaS:. No, occupant of a dwelling or dwelling unit shall acc~Ulatc boxeS, 1~, scrap metal, or any other similar materials in such a manner that may provide a rodent harborage in or about any dwelling or dwelling unit. 5A.211(2) Rodent Harborages Prohibitedjn Public Areas.. No owner of a dwelling containing two or more dwelling Uni,'ts shall accumulaIe or ~t the accumulation of boxes, lumber, scrap metal Or any other similar materials in such a ~er tlutt may provide a rodent harborage in or abOut shared or public ~-eas of a dwelling ~or its premises. 17 5A.211(3) Prevention of Food for Rodents. NO owner or occupant of a dwelling or dwelling unit shall store, place, or all0w t° 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 i.n the proper use and operation thereof. 5A.211 (5) Responsibility for Pest Extermination. Every occupant of a dwelling containing a single dwelling unit shall be 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 ofthe 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 malerials shall be regulated in accordance with Chapter 8, Article HI ofthe Columbia Heights City Code, which is incorporated herein by reference. ARTICLE III Inspection and Enforcement Section 1: Enforcement and Inspection Authority 5A.301(l) The City Manager and his/her designated a~ents 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 F, nforcement Official shall present evidence of his/her official capacity to the owner, occupant or person in charge of a dwelling unit sought to be inspected. Section 2: InspeCtion Access 5A.302 (I) If an owner, occupant or other person in charge of a dwelling, dwelling unit or of a multiple dwelling fails or refases to permit free sccess and eniry to the structure or premises, or any part thereof, for an inspection author/zed 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 18 Section 3: 5A,303 (1) 5A.303 (2) (a) Co) Section 5A.304(1) (a) Co) requirements of this section with respect to such dwelling, dwelling unit or multiple dwelling, i~on an~d obtain an order to inspect ~or sea~h warrant from COurt of competent jurisdiction. Inspections Each dwelling or multiple dwelling '~ · which is the ~bj~! of a rental lic~me shall be inspected at least once annually, subject to section $A.303(2). Inspections on individual dwelling units shall be required for tenant occupancy changes under the following condi~ 'tions; During each of the past two years that the owner or landlord has applied for license renewal, they have failed to COrrect Housing Maintemmcc Code violations on a-timely basis, as evidenced by two written Compliance Orders by the Inspection Department or Enforcement Officer of the City of Columbia Heights; or During the past year, two or more tenant complaints-on single family/duplex/triplex have been received or four or more tenant complaints on a four~plex or other multiple dwelling have been received and substantiated (Housing Maintenance Code violations were issued based on the complaints). Multiple complaints arising out oftbe ~ame maintenance problem, which occur within a period of one week, shall be considered to be one complaint for the purposes of this Section. If any or~e. of the ahov~.s~t forth conditions occur, tho. City ~ons.Department will notify the landlord, in writing, that the landlord will be hence fox'& required to have the building insp ~.,ecj~l.. upon each tenant occupancy change.. It will also bethe responsibility of the la~, dlord to pro. ~vid~ a list ofcm'rer~ occupants ar~! a 72 hour notification of a new tenant move-in. The tenant occupancy change inspectiom ~'mll oct,' for a period of one year from the date of notification by th~ City Inspections department, howover, that time shall be extended if any ofthe above set forth conditions continue to exist. 4: COmpliance Order Whenever the Enforcement Officer determines that any dwelling, dwelling unit or the premises surrounding any of these fails to meet the provisions of this Ordinance, he/she may issue a Compl/ance Order setting forth the violations of the Ordinance and orderin$ tbe owner, occupant, operator, or agent to correct suchviolafions. The Compliance Order shall: Be in writing; Describe the location and nature of the violations of this Code; 19¸ (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 fight to appeal; and SA.304(2) Section $A.305(1) Section 6: $A.306(1) Section 7: $A.307(1) 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. 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. Posting to Prevent Occupancy The Enforcement Official may post any building or structure covered by this ordinance an being in direct violation ofthe 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. ~t 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 thc health or safety of the occupants. No person, other than thc 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. Right of Appeal When a person to whom a Compliance Order is directed, alleges that such Compliance Order is based upon en'oneous inte~protation of'the Ordnance or upon a misstatement or mistake of fact, such person may appeal as set forth in §6.202(I). Board of Appeals Upon at least five (5) business days notice to the appellant of the time and place for 20 Article IV Section 1: 5A.401(1) Section 2: 5A.402(1) (a) (b) hearing the appeal and within 30 days after said appeal is filed, the Board of Appeals shall hold a hearing thereon. ~..1 heari~, g notices shall be given in the same manner prescribed for giving notice of Compliance Orders under $A.303(1). All appeals shall be conducted in accordance with Sec. 203, Uniform Housing Code, 1985 edition, International Conference of~ Bui,lding Officials. Licensing License Required No person, firm or corporation shall operate a rental dwelling in the City without having first obtair~ed a license ~ hereinafter provided from the Building Official. Each such license shall register annually with the City. !fthe 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(!). may be oc?~upied provided that the unlicensed units within the apartment building do not create a hazard to the health and safety ofpersons in occupied units. License Procedures Within 180 days after the passage of Chapter 5A, the owner of any mm/~ within the City shall apply to the Building Official for a rental housing!icense in the rammer hereafter prescribed. Application shall be made on.forms provided by the City and ac ~companied by the initial fee in an amount set by resolution of the City Council. Theown~r~ ~ of~m 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 ~. Applicants shall provide the following information, on license applications: (!) Name and. address O~ 0~o£th¢ l'~nt~~ and address of the operator or ag~t actively managin' g ~ rental d~lling. (2) The name md address of~vendeeifthe re~tal dwelling is being sold on a contract for deed. (3) (4) The legal description and address of the rental dwelling. ~., i! The numb~ a~,~d 0funits ~ the rental dwelling, ~ floor area for each such uni! .and the total floor area for the building. 21 (s) The number of toilet and bath facilities shared by the occupants of two or more dwelling un/ts. (6) A description of the type of construc~on ofthe 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. (lO) Such other information as the administrative service shall require. Said information may include, but is not hmited 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 If the rental dwelling is in compliance with the requiremmm of the Code, a license shall be issued to the present owner, occupant or a~nt shall state that the s~'ucture has been inspected and is in compliance with the requimnents of the Code. The present owner or any agent desi/~.~ated by the present owner or occupant shall obtain a license. If the City finds that the cirannstances of occupancy following the issuance of the license involve posm'ble 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 trait is not currently licensed, no license may be issued until all outstanding reinspection fees shall have been paid. Ifa dwelling unit is licensed, the license for such dwelling Section $: 5^.405(1) Section 6: 5A.406(1) Section 7: 5^., 070) (a) (b) (c) (d) unit shall expire twenty (20) days after the licensee or his ager~ t is notif'.w,d of the outstanding reinspection fees, un]ess payment is made befoTM the exphation of the twenty (20) day period. License Display A license issued' under this Chapter shall be conspicuously displayed on the rental premises wherever feasible. The licensee shall promptly produce the license upon demand or a pwspective tenant or the Building Official or his/her authorized representative. License Transfer Thelicense 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 ifrenewal or application for transfer is not made within 30 days after transfer of 6wnership of the dwelling unit. The amount of the transfer shall be set by resolution of the CounCil. License Renewal All re~tal licenSeS shall be effective for a E~od of one year. However, renewal of licenses, as required annually by this Code, may be made by: Completing the renewal form furnished to the owner, operator, or agent of the rental dwelling, by the City Inspection D:~partment, and Attendance by the' landlord or p~perty manager at, ~three or more hours of continuing education relevant to the operation or management of rental property during the last year. The City Council shall set by resolution, the types of continuing education meeting this requirement; and Mailing the renewal form together with prcofofcompletion of three ho.uys of training and the required registration fee to the City Inspection .DePamn, ent, aud Successful completion of the annual Housing Maintenance Code inspection as required'by Section $A.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 regi~o~ ~y.bcmade only when no .chang~ 'm, ownership, operation, agency or type of occupanCy i~fthi rental dwelling has occurred in the last licensing year~. 23 Section 8: Suspension or Revocation 5A.408(1) A license issued or renewed under this section may be revoked or suspended upon a finding ofnoncomphance 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 U~ke other action restricting the privileges of a license subject to the following requirements: 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) Thc council shall conduct a public hearing on the proposed action and provide findings of fact and citations to any ordinances or regulations that have been violated, together with a statement of action taken and the conditions of any resulting revocation, suspension, or other action restricting the privileges of the licensee. (c) The Enforcement Officer shall forward the findings and statement of action taken to the person in whose name said license was issued by mailing the same to the mailing address indicated on the license application. 5A.40S(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 aprima facie showingofcause for revocation, suspension, or other action reslric~g the privileges of a licensee as the council may determine. SA.408(4) Section 9: Nondisclosure, misrepresentation or misslalcment of a material ~ in any application for a license under this clmpm' shall be a prima facie showing of cause for revocation, suspension, or other such action restricting the privileges of a licensee as the Council may determine. License Fees 5A.409(1) License fees, inspection fees, and reinspecfion fees shall be established by Council resolution. Section 10: Conduct on Licensed Premises $A.410 (1) It shall be the responsibility of the li~ to take appropriate action following conduct by persons occupying the premises which is dem'm_i_ned to be disorderly, in 24 (a) violation of any of the £ollowins statutes'or ordinanceS: MN Stat'.. §609.75 through 609.76, which prohibit~ga,'nbling; Co) MN Stat. §609.321 through 609.324 which prohibit prostitution and acts relating thereto; (c) MN Stat. § 1 52.01 through 152.025, and § I 52.027,'~bds. I and2, which prohibit the unlawfifl 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; (0 Section 10.312 of this code, which prohibits.noisy tlssemblies; (g) MN Stat. §97B.021, 97B.045, 609.66 through 609.67 and 624.712 ~hrough 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 itl MN Stat. § 5t8B.0I. 0) 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) 5A.410(2) 5A.410(3)" 5A.410(4) Section 8.201 et al. Of this Ordinance which relates to animal noises and public nuisances. The Police Chief (Depntmaent) shall be responsible for' enforcement and admini~on of~is section,' -. ~' Upon determination by the Police Chief~ent) 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 ~ the lic~ to take steps to prevent further violations. I f another instance of disorderly use of the licensed premises occurs within three (3) n~onths of an incident for ~ch a notice in ~section O)~s given, the pOlice Chief (DeparUnent) s~l notify the lic~ by~l offfie violation and shall also require the licensee to submit a written report of the aCtions t~en, and proposed to 25~ be taken, by the licensee to prevent~further disorderly use of the premises. This written report shall be submitted to the Pblice 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.405 (1) through 5A.408 (4). $A.410(5) I f 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(Deparlment) 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. SA. 410(7) A determination that the licensed premises has been used in a disorderly manner as described in subsection (1) shall be made upon substan~ evidence to suppon such a determination. It shall not be necessary that criminal c~ be brought to support a determination of disorderly use, nor shall the fact of dismissal or acquittal of criminal charges operate as a bar to adverse license action under this section. Article V: Remedies Section 1: Hazardous Building Declaration 5A. 01(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 26 of Minnesota Statutes. Section 2: Secure Unfit and vacated Dwellings 5A.502(1) The oWner of any dwelling or dwellingimit which has been declared unfit for human habitation or which is oth~:rwise vacant for a period of 60 days or more shall make the same safe and secure so thatit is not hazardous to the health, safety ~ welfare of the public and does not constitute a public nuisance. Any vacant dwelling open at the doors, windows or other wall op~__ivgs, if unguarded, ,shall be deemed to be a hazard to the health, safety andWelfare of the public and shall constitute a public nuisance within the meaning of this Code. Section 3: Failure to Comply 5A.503(1) Upon failure to comply with a Compliance order within the time set therein, and no appeal having been taken, or upon failure to comply with a modified Compliance Order within the time set therein, the criminal penalty established:~hereunder notwithstanding, the City Council, after due notice to the oWner, mayby resolution declare the condition to constitute a public nuisance and cause the cited deficiency to be remedied as set forth in the Complim~ Order. The cost of such remedy shall be a lien against the subject real estate and may be levied and ~coll~ted.as a special' assessment in accordance with MinneSOta Statutes Chapter 429, for abatement of nuisances and specifically for the removal or ~limination 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.60! to 5A.611, inclusive. Article VI: Penalties $A.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 SA, Article H (§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 27 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, finn, corporation or licensee shall fail or refuse to obey a Compliance Order validly issued under this Code. 5A.605 No person, firm or corporation shall give or submit false information on a license application or any renewal thereof. $A.606 No person who is an occupant of a rental dwelling or r~nlal 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 SA, AHicle H (§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. $A.609 No person may occupy a dwelling or property posted pursuant to §5A.304. $A.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, finn 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 sepame off~nse. 28 Shah hereafter read' as f~llows,,to wit: ~' Chapter 5A RESIDENTIAL MAINTENANCE CODE Article I General Provisions Section 1: Statement of Purpose SA. 101(1) The p~se oftheResidential Maintenance Code (hereinafter referred to in Chapter 5A as "Code") is tO protect the ~tic health, safetY and general WeLfare of the people of this CitY. These objectives include, among:others; the follow/nE; (a) Co) To protect the character and stability of residential areas within the city; To correct and prevent housing conditions that adversely affect or are l/kely to adversely affect the life, safety, general welfare, and health; (c) To provide minimum standards for heating, for sanitary equipment and for light and ventilation necessary to protect the health and safety of occupants of building; (d) To prevent the overcrowding of rental dwellings; (e) To provide minimum standards for the maintenance of existing residential buildings and to thus prevent substandard housing and blight; (f) To preserve the value of land and,buildings ,throughout the city. 5A. 101(2) With respect to d/sputes between tandlordsami 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 advo~of'either pa.,nor will it act as an arbiter, nor will it be receptive to complaints from landlord~ ·or t~mmts which are not specifically and clearly relevant to the provisions of this Code. In the absence of such relevancy with regardto 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 thisCod~ the Council does not intend to interfere' or permit interference with legal rights to personal privacy. Section 2: Applicability 5A.102(1) .This Code establishes minimum: Standm'ds for' main~g dwellings, aca:essory structures and premises. This Code is int~dm:l to provide standards for housing. Applicable requirements shall applY to all apartment ~ts, homes, accessory 29 structures, rooming houses, lodging and/or boarding houses and house trailers used or intended for use for human habitation. Section 3: Definitions $A. 103(1) The following definitions shall apply in the interpretation and enforcement of this Code, to wit; 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. Ct,) Apartment Unit. Apartment, apartment unit, dwelling unit, or unit mear~ 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 fn'st 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 pwvide 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. (0 Clean. The absence of rubbish, garbage, vermin or other unsightly, offensive or extraneous matter. Dwelling. A structure or portion thereof designed exclusively for residential occupancy, including boarding and lodging houses, but not including hotels and motels. (h) Dwelling Unit. Dwelling unit has the same meaning as aparlment 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-proofet~losures, horizontal exits, exit passageways, exit courts and yards. O) Family. An individual, or two or more lm~us 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. 30 (1) (m) (o) (p) (q) (0 (s) (w) Functioning. In such physical condition as to safely performthe service or services for which an item is designed, or intended. Garbage. Garbage is defined in 5.605(2Xa). Habitable. A dwelling unit orpart thereof that meets minimum standards for use as a home or place of abode by one or more persons. Hot Water. Water heated to a temperature of not less than 110 degrees Fahrenheit, measured at faucet outlet. Housing Code. Section 5A of this Code togeth~ with the Uniform Housing Code, 1985 Edition, as amended,. International Conference of Building Officials. Housing Enforcement Officer. Agent designated by tha City Manager to enforce provisions of the Residential Maintenance Code. Infestation. The presence within or around a dwelling or dwelling unit of any insect, rodent, vermin or other pest. ,.~ Kitchen. A habitable.room withiu a dwelling unit intended to be used for the cooking of food or preparation of meals. Occupant. Any person (i~luding owner or operator) living, sl~'ping, cooking or eating within a dxyelling unit. Owner. Any person~ ~.firm or.qorporation 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 umstee or guardian of the estate or personofthe.title holder. Also, any p~son, rum or corporation who has the right to determine who occupies a ~. stnlc'tm~ (~,e~l though that ~ht 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; . Person.. Any individual, fi~ partnership, association, corporation, company or a joint venture or organization of any Premises. A platted lot or part thereof or uuplattedl~arc, el of land, and adjacent right-of-way either, occupied or unoccupied by any dwelling or structure. 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. 31 (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 related to the owner by blood, marriage, or adoption. Rental dwellings for purposes of this Code do not include hotels, motels, hospitals or homes for the aged. Repair. Repair shall mean to restore to a sound, acceptable state ofoperation, 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. Ob) 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. Story, First. The lowest story in a building which qualifies as a story, ss 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. Unsanitary. Conditions which are dangerous or haamrdous to the h~lth 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. SA. 03(2) Whenever the words "dwelling," "dwelling unit," "unit," '~ises," or "slmctu~s" are used in ti.is Chapter, they shall be construed as though they were followed by the words "or any part thereof." Article II Minimum Standards 32 Section 1: Basic Equipment andFacilifieS 5A.201(1) No person shall occupy as an owner2occupant or let t° 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; Kitchen Sink. Each dwelling unit mtist 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 riot require refligeration'for sa/bke~ing. All cabinets, shelves, counter tops, and tables' shall be of sourid Construction covered with surfaces that are easily cleanable and that will not impart any ttxic or deleterious effect to food. (c) Food Storage and Preparation. Each dwelling unit must contain an operational and functioning stove for eooking 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 sh~l containa nonhabitable room which is equipped with a flush water closet in compliance With §6.201(1).' Suchroom 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 arrw. unt o/running water under pr//ssure to i~ause the water ClOset to be properly functioning, and shall be connected to the C/fy sewer system. (e) Lavatory Sink. Every dwelling unit shall ~ofitain a lavatory sink. Said lavatory sink may be in the same mom as the flush water closet, or, if located in another room, the lavatory sink shall be located in~cl6se proximity to the door le~ing directly hito the room in which said water closet is located. The lavatory sink'~Shal~ be in good working .and functioning condition, shall be properly connected to an approved water system, shall pro¥ide at all times an adequate amount of heated and unheated nmning water under pressure, and shall be connected to the City sewer system. (f) Bathtub or Shower. Every dwelling unit shall contain a nonhabitable room which is equipped with a bathtub or shower in g0odworking condition. Such room shall have an 33¸ entrance door which affords privacy. A bathtub or shower shall be properly connected to an approved waler 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. 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 flee 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 ofevery flight of stairs, except spiral or winding stairways, shall be essentially uniform in width and height. Stairways shall be capable of supporting a live load or one hundred (100) pounds per square foot of horizontal projection. Access to Dwelling Unit. Access to or egress from each dwelling unit shall be provided without passing through any other dwelling unit. (i) All buildings and/or maintenance improvements inspected pursuant to Chapter SA, 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 mxitary condition. Ail devices or safeguards which are required by the Code shall be maintained in conformance with the code edition under which installed. 0) Ail repairs, replacements or maint~ance to the ~ or dwelling unit shall be installed or made so as to be compatible with the surrounding buildi~n$ materials and general appearance of the existing area. Section 2: Door and Window Locks $A.202(1) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling lmit for the purpose ofllving, sleeping, cooking or eating unless 34 all exterior dOor~ of the dwelling or ' dwelling unit are equipped with safe and functiomng door and window locks which comply with the foilowmg requn'ements, to wit: (a) When access to a dwelling unit.door is gained through a common corridor or entrance in a dwelling in ~vhich four (4) or mote dwelling units sharea common entrance or corridor, an approved system of controlled access shall be maintained fOr eac~i multiple'family building to control access. The security system Shall rCOnsist of locked'building entrance or foyer doors, and locked doors leading fromthe hallways into individual dwellin~ig ~ts. 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 ~e.building entrance doors. Buildir~g entrancedoor-latches shall be of the type thatare permanently locked. An approved lock box with building entry key, boiler roOm key, laundry and bomm. 0n ~a keys, all marked individually accessible to the FireDepartment must be provided fOr acc6Ss 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. Co) Every door that provides ingress 0r egress for a dwelling urdt 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 ii's~ 6f a keyor any special knowledge or effort. (c) All ingress, egress and interior doors shall be kept free of holes and/or punctures. All ingress, egress or interior doOrs Which separate a u~t 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 Wheh any such dOofis in violati6n of this section and repairs cannot effectively correct the violation. Section 3: 5A.2030) (a) Light, Ventilation, and Electric Nop~0n shall occUPy as an owner-occuPant Or letio ~other;for °CCupancy 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: i ! W Habitab~ Room Ventilation. EVery habi~!e room shall have at'l~ one windo facing ditectly outdoors which' can .be ~ilY opted ~ess the room';~tains; in lieu thereof, 'another device affording veritilati°n ~ch has ~ apPr°V~ bY ll~e Building Official. The minimum total ofopenable window area in every habitable room Shall be the greater of four percent (4%) of the floor area of the room or four (4) square feet. Co) Sleeping Room Egress. Sleeping rooms in buil~gs ex~sting prior to this code mUSt have window or door openings for egress of no less than four (4) square feet or the minimum size 35 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 woms and provide a means of egress with openable area of no less than 5.7 square feet. 0) Nonhabitable Room Ventilation. Every bathroom, water closet compartment, laundry room, utility room, or other nonhabitable room shall contain a minimum total ofopenable window area of no less than 1.$ square feet, except that no windows ~mll be required if such rooms are equipped with a functioning ventilation system which is approved by ~he Building Official. Electrical Service, Outlets, and Fixtures. Every dwelling unit and all public and common areas shall be supplied with functioning electrical ~rvice, functioning over current protection devices, functioning electrical outlets, and functioning electrical fixtm-es which are properly installed, which shall be maintained in a ~afe 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 ofdwelling 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 c~ling or wall type light fixture may be substituted for one m:luired electric outlet. (4) Eyery water closet compartment, bathroom, kitchen, laundry room, and fiunace 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. (s) Every public hall and stairway in every rental dwelling shall be effectively illuminated by natural or electric light at all times, la structures containing not more than two dwelling units, conveniently located functionin~ 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 36 5A.204(1) No.: person shall occupy as an owner-occupant, or let to anoth~i.for occupancy any dwelling or dwelling unit, for. ~¢ purpOSe of living, sleeping, COOking or eating therein unless such dwelling or dwelling unit shall have heating facilities which are properly installed and main~ed safe and functioning condition, which ar~ capable of safely~ heating ~ habitable rooms, bathrooms and water closet compartments in every dwelling unit located therein to a temperature of at least seventy (?0) degrees Fahrenheit at a ~stance 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) CO) Gas or electrical appliance designed primarily for cooking or water heating purposes shall not be considered as heating facilities wi~ the meaning of this section, · Portable heating equipment employing flame or the use of liquid fueI shall not be considered as heating facilities within the meaning of this section and is prohibited. (c) No owner or occupant shall install, operate or use a space heater employing a flame that is not vented outside the structure in an approved manner. (d) No owner shall supply portable electric heaters to Comply with this § 5.204(1). Section 5: Foundation, Exterior Walls, and Roofs 5A.205(1) No person shall occupy as an owner-oc~cupant 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 roo£ shall be Wat~ tight and protected against vermin and rodents and shall be kept in sound c. on~gon anti,repair. The.foundation element shall adequately support the building at all points. Every exterior wall shall be flee of structural deterioration orany other condition which might admit rain or dampness to the interior portion of the walls or to ~e interior spaces of the. dwelling, The roof shall be fight and have no defects which admit rain or roof drainage and shall be adequate to prevent rain water fi.om causing dampn .cssin the walls..All extm/or-stufac~ otlmr ~ decay resistant materials, shall be covered by paint or other protective covering or treatment which protects the exterior surfaces fi.om ~nents and decay in a func~ tionlng 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. Co) 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 37- (c) (d) (e) (0 (g) (h) in such relation to the adjacent wall construction as to completely exclude rain, vermin, rodents, and insects from entering the building. Floors, Interior Walls and Ceilings. Every floor, interior wall and ceiling shall be protected against the passage and harborage of vermin and rodents and shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or rotted flooring materials. Every interior wall and ceiling shall be maintained in a fight 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 ofbeing easily maintained in a clean state. Rodent Proof. Each part ofevery dwelling shall be rodent resistant. All openings in exterior walls, foundations, basements, ground or first floors or roofs which have an opening of ½" 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. 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. Safe Building Elements. Every foundation, roof, floor, exterior wall, interior wall, ceiling, inside stair, outside stair, porch, balcony and every ~urtenance to each of the foregoing shall be safe to use and capable of supporting normal structural loads. Facilities to Function. Au equipment, utilities, chimney sad flue required under City Code shall function effectively in a safe, sound and working condition. Section (a) 6: Maximum Density and Minimum Space for Rental Units No person shall rent or let to another for occupancy ~ny rental dwelling for the purpose of living, sleeping, eating or cooking therein which does not comply with the following requirements, to-wit: Permissible Occupancy of Dwelling Unit. The maximum pmnissible 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 38 occupant thereof, at least 100 square feet Ofh~itable room floor space. (2) In no event shall the.~tal numb~ of occupants exceed two times the number of habitable rooms, less kitchen, hz :the dwellilxg 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 9ne family, other than for temporary guests. Section 7: Screening and Landscaping 5A.207(1) No person shall ocCupy as an owner-occupant or let to anotl~, for occupancy any dwelling or dwelling unit for .the purpos, e of living,, sleeping, eating or cooking therein which does not comply with the requirements ofth/s §5A.207 (a) Definitions. For the purposes of this Section, the following terms shall have the meanings stated: Co) (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..Siteamenities, i~cluding trees, shrubs, grgund COvers, flowers, fencing, berms, retaining ~,alls, 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) (5) Retaining Wall. A wall or structure constructed of stone, concrete, wood, or other materials, used_ .~to retain soil, as a slope lransition, or edge ora plating area. Screening... A barrier which blocks all views, f~om' public roads,sad differing land uses to off-strut parking areas, loading a~eas, service and uglily areas, and mechanical equiPment. Every yard of any premises on .which a dwelling or. dwelling unit .is loc~ shall have installed and maintahzed landscaping in accordance with the provisions of this,;, section. O) Sodding and Ground Cover. All exposed .ground ~ea ~u'm~g ~.!~. principle building and accessory buil. ~ 'dings, which are not, devoted to driveways, ~g areas, sidewalks, or patios, shall be sodded or landscaped with shrubs, trees, gardens, or other ornamental landscape matarials. No la!utscap~, :area shall be :,.used for the parking of vehicles or storage or display of materials, supplies or merchandise. 39 (c) (e) (2) Slopes and Berms. Final grades with a slope ratio of greater than three (3) to one (1) will not be permitted without' ~ecial' approved treatment such as special weed mixtures or reforestation, ten'acing, 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. Placement of Plant Materials. No landscaping shah be allowed within any drainage utility easements, road right-of-way, or immediately adjacent to any driveway or wad 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. General Screening. All loading, service utility, mechanical equipment, and outdoor storage areas, including durnpsters 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 shaH be such to achieve seventy-five (75) percent capacity year-round. Other Parking Lot Screening. All parking lots for dwe!li_~gs oftln'ee O) or more units which are not required to be screened pursuant to §SA.207(1Xc) must eitha provide screening pursuant to §5A.207 (1) (c) or provide a minimum on one deciduous tree for every forty-five (45) feet or portion thereofofparklng lot perimeter planted adjacent to the nearest roadway abutting the property on which the parking lot is located, 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. (0 (g) Section 5A.208(1) (a) Co) Outside storage~ of articles, equipment, construction materials, items not desired for exterior use, and miscellaneous ~t~s, includingbut not ~t~! t0' lawn mowers~and other lawn maintenance equipment shall not be alloWed. A we~ tight, rodent-proof storage building or shed must be constructed for storage of items not storable within the building. Variances Under §'5A;207 shall be c, nforc~ and ~st~ed in accordance With §$A.205(2). s: Exterior Parking, Pedestrian Wah Uwgys and Lighting. No person shall occupy as an owner-occupant Or let to another for occupancy and dwelling or dwelling unit for the purposes of living, s!~ping, cooking or ~ting tl~erein which is located' on pr~mises which does not comply with thc following requirements, to-wit: Required off-street parking as defined in Section 9.116(4) of the City Code. Additionally,. any building or structure in existence upon the effective date of thiS Ordinance which does not currently comply with the parking requirements of Section ~.116(4), but does have the necessary space to PWvide thc required, parking shall be required to expand the provided parking in accordance with the Code by July I, 1998. The required.parking space must have a minimum width of 9 fee~ and a minimum length of 20 feet. (c) (d) 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. (e) (0 (g) Ca) An unobstructed path must be provided between parking areas and the dwelling unit. Lighting must tie prOvided for Parking areas and... ~wa!kways betw~ ~ the parking area and the dwelling unit in dwellings consisting of three (3) ormore u~ts. Lighting m~ast be available for parking areas and walkways. Between the piirking stoa _sad the dwelling unit for dwellings of two (2) or less units. In dwellings of threx.(3.) or more units, parking ~wa~s. and pode~trian walkway~ mint have a minimum light of 1 foot candle, and the maximum light at the boUndary line oftbe premises may not exceed 3 foot candles. Driveways leading to parking areas md/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. 41 (0 Commercial Vehicles and Sunk 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. Driveways leading to parking areas and parking areas shall be cleared of mow within forty- eight (45) hours of the end of a snowfall in which at least three (3) inches of snow has fallen. Snow which is cleared from driveways and parking areas shall not be placed so as to block or restrict access ways to buildings, or upon adjacent property without previous permission of the adjacent property owner. SA.20g (2) Variances under §5A.207 and §5A.208 shall be enforced and administered in accordance with §9.105. The criteria contained in §9.105(3)(d) shall be applied in deciding whether or not an applicant is entitled to a variance. Section 9: Fire Safety 5A.209 (1) No person shall occupy as an owner-occupant or let to another for occupancy and dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating lherein which does not comply with the following requirements, to-wit; (a) Every existing dwelling unit shall be provided with smoke detectors conforming to U.B.C. Chapter 34. Detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. When ~ 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. Co) 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 conunercial source. Wiring shall be permanent and without a disconnecting switch other than those required for over ctm'ent 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 n misdemeanor pursuant to §5A.611. (d) Combustible material shall not be stored in boiler rooms, mechanical rooms or electrical equipment rooms. Section 10: $A.210(I) 'Section 11: $A.211(1) 5A.211(2) 5A.211 (3) 5A.211 (4) 5A.211 (5) 5A.211(6) Discontinuance of Service or F~ilities. No owner, operator or occupant shall cause any service, facility equipment or utility xvhich is required under this Ordinance to be removed from or shut off from or discontinued for any occupied dwelling or dwelling unit except for temporary interruptions as may be necessary while actual repairs or alterations are made or during temporary emergencies. Public Health,, and Safety Rodent. Harborages Prohibited in Occupied Areas. No occupant of a dwelling or dwelling unit-shall accumulate boxes, lumber, scrap metal, or any other similar materials in such a manner that may provide a rodent harborage in or about any dwelling or dwelling unit. Rodent Harborages Prohibited in Public Areas. No owner of a dwelling containing two or more dwelling units shall accumulate or permit, the accum~ation of boxes, hunber, scrap metal or any other similar materiala 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 ora dwelling or dwelling unit shall store, place, or. al!ow to accumulate~any materials that,may serve as food for rodents in a site accessible to rodents. Sanitary Maintenance of Fixtures and Facilities. Every occupant of a dwelling unit shall keep all supplied fixtures and facilities therein in a cle~ 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 occup~t of a dwelling containing a single dwelling unit shall be responsible for the extermination of vermin infestations and/or rodents on the premises. Every ~t of a dwelling unit in a dwelling containing more than one dwellin~ unit ~ be~responsible for such extermination whenever his/her dwelling unit is the only one infested. Notwithstanding, however, whenever infestation is caused by the failur~ of. the owa~..,~ maintaina dwelling in a reasonable rodent-proof or reasonable vermin-proof condition, ~ttemfinntion shall be the responsibility of the owner. Whenover i~..~o~exists in two or more of the dwelling units in any dwelling, or in the shared or public parts of ~ny dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner. If the problem persLots proof of professional~ extermination shall be supplied to the inspections officer upon request; Garbage, Rubbish, and Recyclable Materials. Garbage, rubbish and recyclable 43 materials shall be regulated in accordance with Chapter 8, Article III of the Columbia Heights City Code, which is inCorpOrated herein by reference. ARTICLE IH Inspection and Enforcement Section 1: Enforcement and Inspection Authority SA.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 ofhis/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 un/t 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 th/s 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 win'rant from court of competent jurisdiction. Section 3: Inspections $A.303 (1) Each dwelling or muhiple 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; During cach 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 During the past year, two or more tenant complaints on single family/duplex/uiplex 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 ofthe 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 En~.orcement Officer will notify the landlord, in writing, that the landlord' Will bb hence fortil required to have ~he building inspected upon each tenant oceup. ~ancY change. It will also be the ~nsibility of the landlord to provide a list ofeurrent occupants and a 72 hOur notification ofa neWtenant move-in. The tenant occupancy change inspecfion~ Shall occur for a t~riod of one year from the date ofnOtificatibn by the HouSing Enforeem~t Officer, however, that time shall be extended if any of the above set forth ebndifions continue to exist. Section 4: Compliance Order 5A.304(1) Whenever the Housing Enforcement Officer determines that any dwelling, dwelling unit or the premises surrounffing ally of these fails to meet the provisions of this Ordinance, he/she may issue aCompliance 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 oi~the violations of this Code; (c) Establish a reasonable time not greater than 4 months for the correction of such violation, except that violations which involve a seasonal hardship may be granted an additional 2 months to correct by the Housing Enforcement Officer, provided that in no case can the total time allowed for correcting said violation be longer than 6 mo~; and' (d) AdviSe the person to whom the notice is directed of the right to appeal; and (e) Be served'upon the owner of his/her agent or the OCCupant, as the ea~enmy require. Such notice shall be deemed to be properly serVed upon meh 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 re~luested to his/her laser known address, or, (3) Upon failure to~ eft/ct notice through (i) and (iO 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 Vi'oiations as set forth in the Complianc~e Order, the Housing Enforcement Officer Shall, upon request of the 45 owner or landlord, issue a written statement that all violations have be~n corrected in accordance with the Columbia Heights Residential Maintenance Code. Section 5: Posting to Prevent Occupancy A.3050) 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 ofthe items which must be con'ected within a certain stated period of time and that the corrections have not been made. Cunvnt occupants shall have not more than 60 days to vacate a posted property. Cim'ent occupants shall vacate posted properly 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 $A.306(1) When a person to whom a Compliance Order is directed alleges that such Compliance Order is based upon en'oneous 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 Appeals $A.307(1) Upon at least five (5) business days notice to the appellant of the I/me 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 heating notices shall be given in the same manner prescribed for giving notice of Compliance Orders under $A.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 SA.401(1) No person, firm or corporation shall operate a rental dwelling in the City without having first obtained a license as hmeinafler provided fi'om the Housing Enforc,¢ment Officer. Each such license shall register annually with the City. If the license in denied, no occupancy of dwelling units then vac, m~ or which b~,,ome vacant is permitted until a license has been issued. Aparlmen! 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 46 Section 2: ~^.402(~) (a) (b) provided that the unlicensed units within the apartment building do not create a hazard to the health and safety of persons in occup!ed units. License Procedures Within 180 days after the paSsage Of ~apter SA, the o~ of any ~ mit ,,x'ithin the City shall apPly to the Ho~ing Enforcement Officer fo[ 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~C0nstructed ~er the date Of p~ge of ~s~~ 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 0~er of the rental dWelling and .thc name ~and address of the operator or agent actively managing said rental dwell'm.g. '~ (2) The name and address of the vendee if the rental dwelling is b~ eing sold on a contract for deed. ' (c) (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) Nameand address of person to Whom owner/applicant wish~ a~fied letter to be sent for'~U~pOses of §5A.3'03 (i)(d). (7) All owners of rental dwellings shall provide telephone access number(s) to be used in emergency situations, including emergency ~~~nd repair. ~ ~ requirement shall be a condition precedent to the issuanb.~ ~fmly ~tal license~ - (8) ~ Such other in~o .r~,ation ~ ~admini~tive ~ee shall r~q~¢. S~d information ; may includi~, but lsnot h~ied to t~enant ~'whic~,]~lude,t~Um. ts'~e, unit, and .... identifYing in£Ormatioh ([e. date of birti Social r urltY nxtnib ,' . ver's license number). Failure to complete, in full, the required license application shall be grounds for denial ofthe license. 47 Section 3: $A.403(1) Section 4: $A.404(1) 5A.404(2) Section 5: $A.405(1) Section 6: ~A.406(1) Section 7: Application and Inspection When required in accordance with the city's "Rental Inspection Policy" the Housing Enforcement Officer shall cause an inspection to be made of the premises to insure that the structure is in compliance with the requirement of the Code prior to issuance of a Rental Housing License. Issuance of Rental Housing License l fthe 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. The City may by Council resolution establish a reinspection fee. Ifa dwelling unit is not currently licensed, no license may be issued until all outstanding reinspection fees shall have been paid. Ifa 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 lwenty (20) day period. License Display A license issued under this Chapter shall be conspicuously displayed on the rental premises wherever feasible. The licensee shall promptly produce the license upon demand or a prospective tenant or the Housing Enforcement Officer or his/her at, thorized representative. License Transfer The license is transferable upon application to the Housing Enforcement Officer and payment of the license transfer fee by the prospective owner ifth~ licensed premi~ is in compliance with the Code. The licmme shah terminate if renewal or application for transfer is not made within 30 days after transfer of ownerehip ofthe dwelling unit. The amount of the transfer shall be set by resolution of the Council. License Renewal 48 5A.407(1) All rental licenses shall be effectiye for a Tod of one year. However, renewal of 'licenses,: asrequired ~ually 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 Mailing the renewal form and the required:registratiOn fee to the Housing Enforcement Officer. and Successful completion of the Housing Maintenance Code inspeCtion as required by Section 5A.303 (1) of this Ordinance. Such renewal shall onlybe 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 licens~ fee. Issuance of a new license after suspension or revocation shall be made in the manner provided for obtaining an~ initial license. 5A.405(2) The Council may, for cause, revoke or suspend .a license, or take other action- restricting the privileges of a license subjeci to the following requirema~ts: (a) The City, through its Housing Enforcement Officer,.pwvide the licensee with a written statement or reasons or causes for the proposed Council action together with a notice for public heating. 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 an~the conditions of any resulting, revocation, suspension, or other action restricting the privileges of the licensee. (c) The Housing Enforcement Officer shall for~,ard tl~ fiudings and statement of action taken to the person in whose name said license was issued by mailing the same to t~ mailing address indicated on the license application. SA.405(3) A violation of any provision of this chapter or ofstate law, prescribing standards of conduct or regulations governing a licensee; the particular type of business or- 49 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 o£a licensee as the council may delem~ine. 5^.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 resolulion. 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 Stm. §609.75 through 609.76, which prohibit gambling; Co) MN Stat. ¢609.321 through 609.324 which prohibit prostitution and acts relating thereto; (c) MN Stat. § I 52.01 through 152.025, and § 1 52.027, subds. I and 2, which prohibit the unlawful sale or possession of controlled substances; (d) MN Stat. §340A.40!, which prohibits the unlawful sale of alcoholic beverages; (e) MN Sta~. §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 assc, mblies; MN Stat. §97B.021, 97B.045, 609.66 through 609.67 and 624.712 through 624.716, and section 10.307 ofthis code, which prohibit the unlawt~l pos~msion, ~on, sale or use ora weapon; or (h) MN Stat. §609.72, which prohibits disorderly conduct. (i) MN Sta~. §609.221 through 609.224, which prohibits assaults, including domestic assault as 50 defined in MN Stat. § 518B.01. 0) Violation of laws relatingto contn'buting toneed~ for protection or services or delinquency ofh minor as defined in ~q 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 (Depamnent) shall be responsible for enforcement and administration of this section. 5A.410(3) Upon determination by the Police Chief(Department) that a license. ~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 lo take steps to prevent further violations. 5A.410(4) ] f 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 mailofthe violation and shall also require the licensee to submit a written report ofthe 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 (DeparUnent) 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 precedi.~, three (3) months. If the licensee fails to comply with the requirements of ~is. ,subsecfion, the rental dwelling lieens~ ,for the premises may be denied, revoked, suspended, or not renewed. An action to deny, r~ oke, suspend, or nm renew a license under this section shall be inithstod by. the..City Council at the request of the Police Chief(Department) inthc manner describe(in Sections 5A.408 · (1) !brough 5A.408 (4). 5A.410(5) 5A.41~6) I f 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 m.a~ b~,~enied,.~oke3~. ~ or,lint..t~mewed.; An ?.fi. on to.d~my, revoke, SuSpend[Or not renew a license u!!der th/S entail'on droll be initiated by the Cil. y Council at the request of.the Police Chief(Department) in the manner described in Sections 5A.408 (1) through 5A.405 (4). No adverse license action shall be impo$~ wber~ the instance or disorderly use of a licensed premises occurred during the:~y ofeviclionproceedings (unlawful detainer) or within thirty (~0),,days of ~fice given by th.~ li~ to a tenant to vacate the premise~s, where the dis0rderl~ use was urelated I/o conduct by that tenant or by other occupants or guests of the tenant°s, unit.. Eviction proceedings shall not 51 5A. 410(7) Article V: Section 1: 5A.$01(1) Section 2: 5A.502(1) Section 3: fA303(1) 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. 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 dctem~ination. It shall not be necessary that criminal charges be brought to support a detem~ination 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. Remedies Hazardous Building Declaration In the event that a dwelling has been declared unfit for human habitation and the o~ ,~er 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 Mirmesota Statutes. Secure Unfit and Vacated Dwellings Thc 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 o1' the public and does not constitute a public nuisance. Any vacant dwelling open a~ lhe 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 _ah_all constitute a public nuisance within the meaning of this Code. Failure to 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 notxvithstanding, 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 52 a single installment. The intent of this section is to authorize the City to utilize all o f 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) Section 5: SA.50S0) 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. Cost RecoX~ery The Housir expenses n owner of si shall includ suspension under this { and all noti~ as ~he licen ig Enforcement Officer shall be authorized to request reimbursement of ]ated directly to suspensiOn or revocation of the rental license from the ich rental property. Those expenses which are reimbursable to the City e; but not be limited to stafftime directly attributable to the rental license Or revocation action~ Costs of preparing notices of such action as required ;dinance, and reasOnabl· eXpenses related to delivery or posting of any ~s subsequent to a rental license suspension or revocation until such time ;e is reinstated by action Of th· City CoUncil. 5A.505(2) A n v and all expenses related to rental license suspension or revocation actions which arc charged to the property owner shall be due and payable as of the date of license revocation or within thirty (30) days of being served notice of such charges, whichever is earlier. 5A.505(3) The Council hereby authorizes the assessment of unpaid fees, fines, charges or ex p enses authorized by the ReSidential Maintenance Code pursuant to the provisions of ~l~e Columbia Heights City Qharter. 5A.505(4) Thc 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 charl~ble to each. SA.SOS(S) On or before August 1 of each year, the Clerk shall bill ~each property owner of each affected lo~ or parcel for their pgrtion of the charges authorized hereunder plus the reasonable cost of administering the billings anti'collection procedures. SA.505(6) Thc Clerk shall list the total unpaid charges against each separate lot or parcel to xvhich ~suclj_ charges are attributable on or bifore September 1 of each year, for Council ac~on pursuant to the provisions of this Chapter. 53 Article VI: Penalties 5A.601 No person, fim~. 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 iA, Article II (§fA.201, et. seq.), maintenance standard. fA.602 No person, fim~ 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 l~-riod during which thc dwelling or dwelling unit is not license pursuant to this Chapter. fA.603 No person, finn, corporation or licensee shall refuse or fail to allow the Housing Enforcement Officer to enter a dwelling or unit pursuant to an administrative search warrant for the purposes of inspection when authorized by this Chapter. 5A.604 No person, firm. corporation or licensee shall fail or refuse to obey a Compliance Order validly issued under this Code. 5A.605 No person, firm or corporation shall give or submit false information on a license application or any renewal thereof. 5A.606 No person who is an occupant of a rental dwelling or rental dwelling unit shall cause a rental dwelling, rental dwelling unit or the premises on which a rental dwelling unit is located to become in violation of any of the maintenance standards set forth in Chapter iA, Article II (§$A.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 ~o be licensed under this Chapter. 5A.608 No occupant of any rental dwelling or rental unit ~ fail to allow or refus~ entry to the Housing Enforcement Officer, for purposes ofimpmtion whm ~uthoriz~ by this Code. '5A.609 No person may occupy a dwelling or property posted pursuant to §$A.304. $A.610 No person, firm or corporation, including an owner, licensee or occupant, shall rmnove or tamper xvilh a placard used for posting property pursuant to this Chapter. $A.611 Any person, firm or corporation who violates or refused ~o comply with any of the provisions of this Chapter is guiltY of a misdemeanor, unless herein specific~y noted. Upon conviction of said misdemeanor they shall be subject to a fine of not more than seven hundred dollars ($?00.00) or to imprisonment not to exceed ninety (90) days, or both, for each offense. Each 54 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 aider its passage. First Reading: July 12, 1999 Motion by Wyckoff, second by Szurek to schedule the second reading of Ordinance No. 1395 for July 26, 1999 at approximately 7:00 p.m. Roll call: All ayes 5. PROCLAMATIONS. PRESENTATIONS. RECOGNITIONS A_ND GUESTS A. Introduction of New!v-Hit .ed Emnlovee The City Manager introduced Dan O'Brien, the newly-hired fireflghter, who assumed his duties on July 6, 1999. 6. PUBLIC HEARINGS None 7. ITEMS FOR CONSIDERATION A. QthO' Ordinances and ResolUtion None B, Bid Considerations None C. Other Business 1) Letter of Renuest Reaardin~ Alley, 48~/49th Avenues. ~son/Monroe Streets A letter was received from three prOPerty owners whose alley]s being reconstructed and' surfaCed. Thc letter was a request to consider a plan these owners are proposing relative to the alley project and their respective ~g Walls. The City Manager sta/ed he would' au'ange a meeting with all ' interested parties to di~,~s issue. 8. ADMrNISTRATWE REPORTS 55 A. Revort of the City Mana_~er The City Manager advised that budget review meetings are scheduled this week with staff. He also referred to the SACA training fire on July 11'~ and how beneficial the training was for Fire Department personnel. The City Manager advised he will keep the Council updated on the status ofthe alley projects in the weekly green sheet. B. R~oort of the City Attorney The City Attorney had nothing to report. 9. GENERAL COUNCIL COMMUNICATIONS Minutes of the May 18, 1999 EDA Meeting and of the June 23, 1999 Park and Recreation Commission were included in the agenda packet. No Council action was required. 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA Councilmember Jolly stated he has not received minutes from the most recent Charier Commission Meetings. The City Manager responded he will follow up on this. Councilmernber Hunter requested the status of the buildings scheduled to be tom down. The EDA Director advised of the situation for the buildings remaining at 4150 Central Avenue, 3913 Polk Street, 1260 46~ Avenue and 3900 Central Avenue. The resident at 3741 Reservoir Boulevard requested the Council prepare responses to her inquiry regarding the acceptability of strip driveways. She had been advised by a member of the Fire Department that a strip driveway would meet the ordinance requirement. She suggested these responses could be given at the next Council Meeting. This resident also expressed concern with the placement of decorative rock by a business on 37i and Central Avenues. She noted this rock is gt~ng into the street and has the potential for continuing to so do. She felt since residents were prohibited from letting rock from their property get into the street, and eventually into the sewer system, by requiring hard surfaces on driveways and parking areas, businesses should be held to the same standard. Council President Jolly feels the City Council should be the final reviewer of matters concerning the Conoco Station on 37~ and Central Avenues io make sure that all requirements of the City regarding the project are being met. The City Manager suggested that staffbe directed to develop a "punch list" for the Conoco project to be reviewed aI an Executive Session of the City Council. A resident 1037 43'd Avenue advised that there is a piece of sidewalk in front of his house which he thinks needs replacing. This will be referred to the Public Works Department. 56 l 1. ADJOURNMENT Motion by Wyckoff. second by Hunter to adjourn the meeting at 8:30 p.m. Roll call: All ayes Respectfully submitted, /to-Anne Student. CDunci'l Secretary 57 CITY COUNCIL LETTER Meeting of: 7/26/99 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS dk ITEM: APPROVE EXPENDITURE FOR GENERATOR BY: K. Hanser~.. BY: AUTOMATIC TRANSFER SWITCH AT SILVER LAKE DATE: 7/21/99}o'lw'w'~ DATE: LIFT STATION Background: During a routine test of the emergency generator operation for the Silver Lake Lift Station, the automatic transfer switch would start the generator but would not shut it offagain. The switch was 30 years old and essentially failed. Upon discussions with the generator supplier and service electrician, it was discovered that repair parts were not available. Emergency replacement of the faulty switch was ordered and a new transfer switch was installed the following day. Reliable emergency power is essential at the Silver Lake Lffi Station because an interruption in service due to power failure may cause wastewater to flow into Silver Lake. Recommended Motion: Move to approve the expenditure of $3,979.70 to Cummins North Central for one new generator automatic transfer switch from Sanitary Sewer Fund #602-49450-5180. Z I.'jb 99-237 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 7/26/99 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: AUTHORIZATION TO SEEK BIDS FOR BY: K. Hansen~ BY: SANITARY SEWER LINING AT 42~v AVENUE FROM DATE: 7/21/99~~ DATE: FILLMORE STREET TO RESERVOIR BLVD. Background: There is a long history of plugged sanitary sewers in this area. This sanitary sewer is constructed of 8 inch vitrified clay pipe, each section of pipe is 3 feet long, constructed in 1954. The total length of the sanitary sewer line in need of lining is 1118 feet. The 1999 budget designates $40,000 from fund #652-49499-5130 to line the sanitary sewer on 42~ Ave from Fillmore St. to Reservoir Boulevard. Analysis/Conclusions: This line carries flow from the new Crestview addition, average daily flow will increase when the Crestview building is fully occupied. The sanitary sewer was televised and cleaned in both 1998 and 1999. Numerous defects in the pipe were identified. They include cracked pipe, missing pipe, root inmmion, protruding service taps, holes in the pipe, offset and separated joints. The pipe is in poor condition, has infiltration, and, if left unrepaired, may collapse. The manholes are precast and will not need repair. The depth of bury is less than 6 feet for a distance of 434 feet. It is possible that frost may have caused the pipe to break. Lining will restore pipe integrity and eliminate root infusion and infiltration at the joints. Recommended Motion: Move to authorize staff to seek bids for the sanitary sewer lining on 42~ Avenue from Fillmore Street to Reservoir Boulevard. KH:.IB 99-236 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 7/26/99. AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: AUTHORIZATION TO SEEK INFORMAL BY: K. Hansen]~~~.~, BY: QUOTES FOR THE REPLACEMENT OF TORO DATE: 7/21/9 ~gt~_.-.,~''~ DATE: GROUNDSMASTE1L UNIT #237 Background: Parks department unit g237 was purchased new in 1990 for $11,871. It is a riding lawn mower equipped with a 72" cutting deck. It has been in service for 10 years and has over 2,000 hours of operation. The engine was replaced in 1996 and the transmission was rebuilt in 1998. It was originally projected in the capital equipment replacement plan with a seven-year useful life, but was postponed to re-evaluate mower needs after the 580D Toro unit was purchased. The 1999 budget designates $14,000 from Parks Capital Equipment Fund 431-45200-5180 to replace Toro Groundsmaster #237. Analysis/Conclusions: Staff recommends replacing Unit ~237 with a Toro Z200 riding lawn mower equipment with a 62" cutting deck. The Toro Z200 is a mid-mount zero radius turn (ZRT) riding mower that is extremely quick and maneuverable. With the narrower cutting deck and ZRT, it offers quicker trim time than a groundsmaster, and does not dsmage the turf when trimming around ~ees. Its low center'of gravity makes it stable and maneuverable on hills. This mower will easily fit on the city's lawn service trailer with the hand mowers and weed whips. This will likely improve operations as it will allow a full time employee to work directly with the seasonal trimming crew. Recommended Motion: Move to authorize staff to seek informal quotes for the replacement of Toros Groundsmaster, Unit #237. m-L'jb 99-233 COUNCIL ACTION: CITY COUNCIL LETTER Meeting oE 7/26/99 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS. ITEM: AUTHORIZATION TO SEEK INFORMAL BY: K. Hanse~~ BY: QUOTES FOR THE REPLACEMENT OF OLATHE DATE: 7/21/9 ~k2.~'' DATE: SEEDER #236 AND RYAN TURF AERATOR #227 Ohthe Seeder: Background: The Olathe Seeder #236 has been owned by the City for a very long time, and actually there is no record of date of purchase. Due to its age, it does not do an even job of seeding which wastes seed and results in a poor finished product. The seeder is 48" wide and it requires numerous passes to adequately seed an area. The 1999 budget has designated $6,500 from Parks Capital Improvements to replace to replace Olathe Seeder #236. Analysis/Conclusions: Staff desires to continue to improve the quality of the turf on the athletic fields. The plan is to increase the amount of over seeding that is done. A new seeder would place the seeds in the ground so a larger percentage of the seeds would grow. The new seeder is wider and distributes the seed evenly. Turf Aerator: Background: The Ryan Turf Aerator #227 was purchased in 1972. It is a plug style aerator and tends to ride over the ground with little effect unless weather and soil conditions are ideal. The 1999 budget has designated $5,500 from Parks Capital Improvement to replace Ryan Turf Aerator #227. Analysis/Conclusion: It is Public Works desire to improve the quality of the turf and reduce the amount of chemical treatment necessary by following a regular schedule of aeration and over seeding. The proposed acquisition provides the appropriate equipment to accomplish that task. Recommended Motion: Move to authorize staffto seek informal quotes for the replacement of Olathe Seeder #236 and Ryan Turf Aerator #227. I~b 99-235 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 7/26/99 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS . ITEM: AUTHORIZATION TO SEEK INFORMAL BY: K. Hansen~'~ BY: QUOTES FOR THE REPLACEMENT OF TORO DATE: 7/21/99':-'"~ DATE: COMMERCIAL MOWER 0241 Background: Unit//241 was purchased new in 1992, for $2,690. It is a 48" self propelled Walk behind mower that is used daily during the summer by seasonal employees to mow areas throughout thc city that are too small for the Toro Groundsmaster to access. The 1999 budget designates $4,600 from fund # 431-45200-5180 to replace Toro Commercial Mower//241. Analysis/Conclusions: This mower has greatly improved the productivity of seasonal employees because of the 48" cut it provides and the speed of the mower. The mower does a good job of cutting and mulching and as a result has improved the appearance of the parks. This mower is transported to the job site on the city lawn service trailer along with other mowers and trimmers. Unit 0241 has provided the City with seven years of productive service and it is staff's opinion that it has reached its useful life. Recommended Motion: Move to authorize staffto seek informal quotes for the replacement of Toro Commercial Mower #241. Ia-I:jb 99-234 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of.' 7/26/99 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: AUTHORIZATION TO SEEK BIDS FOR BY: K. Hansen~/~ - BY: BITUMINOUS MILL AND OVERLAY REPAIRS DATE: 7//21/99---'~ DATE: Background: Many streets on the east side of Central Avenue have been rehabilitated during the last two years, Over these years, there have been four repairs that may have a long term effect on the integrity of the streets. The locations of the repairs are: Pierce Street, 37~ Avenue to cul-de-sac (Water main break repair) 43'~ Avenue, East of Central Avenue (Emergency service repair) Pierce Terrace (Emergency Minnegasco repair) 1036 Gould Avenue (Car fire repair) Analysis/Conclusions: Staff proposes to mill and overlay these areas to maintain the integrity of the streets and preserve the investment put into them by the City and the p~perty owners. The work on Pierce St would be charged to the Water department. The other repairs would be charged to the Street department. Recommended Motion: Move to authorize staff to seeks bituminous mill and overlay repairs for Pierce Street, 37~ Avenue to cul-de-sac (water main break repair); 43~ Avenue, east of Central Avenue (emergency service repair); Pierce Terrace (emergency Minnegasco repair);and 1036 Gould Avenue (car ftre repair). 99-238 COUNCIL ACTION: 0 < , II, CITY COUNCIL LETTER Meeting of: 7/26/99 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: AUTHORIZATION TO SEEK QUOTES TO BY: K. Hanse BY: REPLACE WINDOWS IN MSC SHOP OFFICE DATE: 7/21/~ DATE: Background: Staff budgeted $10,000 for continued replacement of single pane windows in the Municipal Service Center. Window replacement is proposed in the Shop Office area in the main level of the building. Based on quotes obtained last year, the estimated cost is $5,000.00. Staffis not proposing to replace the windows in the garage area. This completes the on-going program to replace the windows. Over the last two years, the rest of the main level and mezzanine level have been completed. Recommended Motion: Move to authorize staffto seek quotations for replacement of single pane windows at the Municipal Service Center. 99-239 COUNCIL ACTION: CITY COUNCIL, LETTER Meeting of.' 7/26/99 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: AUTHORIZATION TO SEEK QUOTES TO BY: K. Hanscn~ BY: REPLACE STREET LIGHT ON 40TM AVENUE AND DATE: 7/21/9~ DATE: CENTRAL AVENUE l~ckground: The City-owned slteet light pole on 40° Avenue between Van Buren St. and Cenltal Avenue is leaning and considered by staff to be unsafe. The pole is rusting where the base plate attaches to the pole. A total of $4,000 is budgeted in 212-43190-5130 for this work. Recommended Motion: Move to authorize staff to seek quotes to furnish and install one pole and light on 40~ Avenue. I~.'jb 99-242 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of.' 7/26/99 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: AUTHORIZATION FOR PUBLIC WORKS BY: K. Hansen~ BY: DIRECTOR TO ATTEND THE APWA CONGRESS IN DATE: 7/20/99~.--'''~ DATE: DENVER, COLORADO Background: The Annual International American Public Works Association Congress and Exposition will be held September 19-22, 1999, in Denver, Colorado. Analysis/Conclusions: The Congress provides numerous seminars on a number of topics relevant to Public Works, including management, economy and technical procedures. Additionally, the Congress is the single largest display of Public Works related services and equipment. The 1999 budget includes sufficient funds for the Public Works Director to attend this conference. The cost for the Congress is $390. The estimated travel and lodging cost is $900. Recommended Motion: Move to approve the attendance of the Public Works Director at the 1999 APWA Congress and Exposition in Denver, Colorado, to be held September 19-22, 1999; and that all related expenses be reimbursed from proper Public Works funds. r~.'jb 99-228 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: July 26, 1999 AGENDA SECTION: Consent Agenda ORIGINATING DEPT: CITY NO. 4 Administration MANAGER'S W. Fehst APPROVAL ITEM: Establishing Council Work Sessions BY: J. Student BY: DATE: July 23, 1999 DATE: MOTION: Move to establish Monday, August 2, 1999 at 8:00 p.m. and Monday, August 16, 1999 at 7:00 p.m. as times and dates for Council Work Sessions. COUNCIL ACTION: CITY COUNCIL LETTER MEETING OF: JULY 2 6, 1999 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER APPROVAL NO: 4 ASSESSING CONSIDER ALLEY LIGHTING AND JANE GLEASON NO: DATE: JULY 20, 1999 Please establish a Public Hearing date for formal consideration of assessing an alley light to benefitted properties. An NSP "night watchman" light is currently installed on a pole located behind 4840 6m Street. Several neighbors on Fifth Street and Sixth Street have shared the cost of the light over the years. The party responsible for the NSP bill is requesting the City be billed for the light and the property owners assessed for the cost by the City. Nine property owners have signed the petition requesting the City to take over the billing process under the City of Columbia Heights mid block light program. RECOMMENDED MOTION: Move to establish August 23,1999, 7:00 P.M. as a Public Headng for consideration of alley lighting between 5th Street and 6th Street, 47th Avenue to 48t~ Avenue N.E. on an pole behind 4840 6~ Street. COUNCIL ACTION: jane.g\midblock\callhear.ltr CITY COUNCIL LETTER Meeting of July 26, 1999 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER CONSENT AGENDA Fire APPROVAL NO: ITEM: Close Hearing BY: Dana Alexon BY: Rental License Revocation DATE: July 21, 1999 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Greg Heineu regarding rental property at 1020 44th Avenue for failure to meet the requirements of the Housing Maintenance Codes was previously scheduled to commence at the City Council meeting of Suly 26, 1999. The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Housing Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Greg Heinen Regarding Rental Property at 1020 44th Avenue in that the Property is in Compliance with the Housing Maintenance Code. COUNCIL ACTION: Close Hearing Council Letter CITY COUNCIL LETTER Meeting of: July 26, 1999 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER CONSEIqT AGENDA APPROVAL NO: Fire ITEM: Establish Hearing Dates BY: Dana Alexon BY:////~/~/~/~ License Revocation, Rental Properties NO: DATE: July 21~ 1999 DATE: Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested against the following owners regarding their rental property for failure to meet the requirements of the Housing Maintenance Codes. 1. Thomas Zarembski ........................... 4201 6th Street RECOMMENDED MOTION: Move to Establish a Hearing Date of August 9, 1999 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Thomas Zarembski at 4201 6th Street. COUNCIL ACTION: AGENDA SECTION: Consent NO. ITEM: Application for one-time Gambling NO. Request by East River Hockey Association CITY COUNCIL LETTER ORIGINATING DEPARTMENT POLICE on~ BY: Thomas M. Johns DATE: July 7, 1999 t.~ ' Meetin$ of: July 26, 1999 CITY MANAGER APPROVAL: Attached is an application from the East River Hockey Association seeking authorization to conduct a one-time bingo event on August 7 and 8, 1999, at the Church of the Immaculate Conception, 4030 Jackson Street N.E. Since the organization satisfies the City Council's resolutions regarding one-time charitable gambling and has paid the $25 permit fee, the City Manager recommends the following action. RECOMMENDED MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a one-time bingo event to be conducted by the East River Hockey Association at the Church of the Immaculate Conception, 4030 Jackson Street N.E., Columbia Heights, on August 7 and 8, 1999; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. 99-252 Attachments COUNCIL ACTION: Minnesota Lawful Gambling Application for Exempt Permit - LG220 Organization Information Page I of 2 10/98 IFor Board Use Only Fee Paid Check Nol _. Initials _. Received ...... I .... ,/ Organization name Pmviouslaw~lgamblingexemptionnumber East River Hockey Assnc~t~on Street City State/Zip Code Coun~ P.O.. Box 21547 Mpls. MN 55421 Anoka Name of chief executive officer (CEO) of organization First name Last name C. Thomas Osthoff Daytime phone number of CEO: ( ) Name of teasurer of organization First name Last name Thomas Kensing.~ Type of Nonprofit Organization Check the box that best describes your organization: [--I Fraternal [] Religious [] Veteran [] Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: Da~ime phone number of I treasurer:. ( ) I 612-854-1410 [] IRS letter indicating income tax exempt status [] Certificate of Good Standing from the Minnesota Secretary of State's Office [] A charter showing you are an affiliate of a parent nonprofit organization [] Proof previously submitted and on file with the Gambling Control Board Gambling Premises Information Name of premises where gambling activity will be conducted (fOr raffles, list the site where the drawing will take place) Immaculate Conception Church Address ~onm use PO box) City 4030 Jackson Street Ne, Columbia He~ohts MN R~A?I D~e(s) ~activity(fOrraffles, indicate thedate ~thedrawin~ August 7 and 8, 1999 State/Zip Code County Check the box or boxes that indicate the type of gambling activity your organization will be conducting: ~ *Bingo [] Raffles [] *Paddlewheels []*Pull'Tabs *Equipment for these activities must be obtained from a licensed distributor. This form will be made available in aitemalive format (i.e. rome p'int Brei,e) upon reque~ The information requested on this form (and any attachments) will be used by the Gambling Contel Board (Board) to determine your qu~ to be involved in lawful gambrmg activities in Minnesota. You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your q~ and, as a cemequance, may refuse to issue you a permit. If you supply the info,nation requested, the Board will be able to process your application. Your name and and your organization's name and address will be public information when received by the Board. All the other information that you provide will be private data about you until the Board issues your permit. When the Board issuas your permit, all ofthe informalion that you have provided to the Board in the proceas of applying for your permit ~11 become public. If the Board does not issue you a permit, all the information you have provided in the proceas of applying for a permit remains privam, with the exception of your name and your organization's name and address which will remain public. r'-1 *'l'ipboards Private data about you are available only to the folbwing: Board members, ~;~;; of the Board whose work assignment requires that they have access to the information; the Minnesota Dapartment of Public Safety; the Minnesota of Adminislr~, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies; an~3ee pursuant to court order;, other individuals state or federal law to have access to the information; individuals and ager~les for which law or legal order authorizes a new use or sharing of~ aaer this Notice was givan; and anyone with your consent Page 2'of 2 Application for Exempt Permit - LG220 , , ~0~gs Organization Name East River Hockey /~ssocia,~io~ On behalf of the city, I acknowledge this application and three options for the city: 1. Approve the application: By taking no action, the city allows the Board to issue a permit after 30 days (60 days for a first class city). 2. Waive the above-noted wilting period: The city allows the Board to issue a permit before $0 days (60 days for a first class city). Docu- mentation attached. 3. Deny the application by passing a resolution within 30 days (60 days for a first class city). (~ignature ~ city i)el'~nal,"~ecaivtng -aPPlication) On behalf of the county, I acknowledge this application and three options for the county: 1. Approve the application: By taking no action, the county allows the Board to issue a permit alter 30 days. 2. Waive the above-notod waiting period: The county allows the Board to issue a permit before 30 days. Documentation attached. 3. Deny the application by passing a resolution within 30 days. Print name of county~ (Signature of county personnel receiving application) Date I I~ On behalf of the town~h~, I acknowledge that the organization is applying for exempted gambling act~,~ within the township limits. A township has no statutory authority to approve or deny an application (Minn. StaL sec. 349.213, subd. 2). Print name of township: (Signature of township ollici~ acknowledging application) Data I I , Chief Executive Offlcer'a Signature Mail Application and Attachment(s) At least 45 days Prior to your scheduled activity date send: · the completed application; · a copy of your proof of nonprofit status, and · · a $25 application fee (make check payable to "State of Minnesota"). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board '~ 171t Weit County Road B, Suite 300 South R(meville, MN 66113 If your application has not been acknowledged by the local unit of govemment~ do no~ send the application to the Gambling Control Board. Application for Exempt Permit - LG220, Information Sheet ~0/ge Who may be issued an An exempt permit can be issued to nonprofit organizations conducting lawful gambling activity exempt permit?, on five or fewer days, and awarding less than $50,000 in prizes during a calendar year. Separate applications required Complete a separate application for each occasion. An occasion may be either:. 1. One day of gambling activity. · If your organization wants to conduct gambling activity' on April 5, May 5, and June 5, you must submit a separate application and fee for each activity date. -OR - 2. Two or more consecutive days of gambling activity. · If your organization wants to conduct gambling on July 3, 4, and 5 at the sam· site, you may submit only one application and one fee. If you ara conducting a raffle, each day a drawing is held cortstitutes one day of gambling. If drawings ara held on more than five days in a calendar year, your organization must obtain an organization license, a gambling manager's license, and a premises permit. How to Obtain a Copy of Proof of Nonprofit Status .'AU~"~'~0~n. ~~'...:"......:':~.~i~"~.~.:'.:..,:~' '~ ,.~:~:'".;':.'.'~..'; .:: .'.:~.~1~A)~:.~~n,as;a.~np~.;=, . .... ~.a..~.::~.:iRs;:=~,.i~:ng:.~ur.~:· ." "'~~-" ' ' · ': :." ' '"' ..... " ' o~~:~:~i~.'~.~i~..~.~'(c) '. · · o~a~ ~ ~ ~=g~p.'~,~..: 2. a ~'~ ~:;or~l~'~r ~o~1= :. : .'.~~.~.,:.: :".:. ..;~' :' · ..::.'..' : .".: · : · .'If ~r~n ~. ~'~J:~r a n~o~l · ' ' o~an~q,.'~, a= ~ ~'~e IRS:in~me'~ .. .. ::' :': .:=. ':. · :.:. To' O~in .a ~ of ~ur.~i. i~e. ~ ~m~ le~r; ~nd'~o= ~al ID number:~ ~e ~ yo~ o~n~n :~ aPP~ ~ ~'~empt stares to: .R~m ~1~.. - c~na~i~ OH. ~52~ .. Phone: ·(5!3)'6~57 : / Sal~ ~x exempt s~tus or ~eml ID employer num~m am not p~f ~ income ~x exem~ s~ms. I L Financial report and recordkeeping required · On the first working day of the month in which your gambling activity is being held, the Gambling Control Board will send your organization a financial report form and instructions.. · Complete and retum the financial report form to the Board within 30 days of your date of activity. · Your organization must keep your gambling records for 3-1/2 years. Questions? "Call-the Ucensing Section of the Gambling Control Board at 651-639-4000. If you use a T'FY, you can call the Board by using the Minnesota Relay Service at 1-600-627-3529 and ask to place a call to 651-639-4000. EAST RIVER HOCKEY ASSOCIATION, INC. P.O. BOX 21547 COLUMBIA HEIGHTS, MN 55421 PAY ORDER OF 3785 17-13/910 ~""'---~'0 L LA RS SO0'"~ ? 3 5"' June 18, 1999 The East River Hockey Association will not pay mom than $100 for the use of Immaculate Conception Chumh facilities at the annual Fun Fest taking place August 7 and 8, 1999. C. Thomas ERHA The Church of the Immaculate Conception June 18,1999 The East River Hockey Association will not pay more than $100 for the use of Immaculate Conception ChurCh facilities at the annual Fun Fest taking place August 7 and 8, 1999. m Ru Business Administrator Celebrating 75 Years of Grace ~' 1923-1998 tel (612) 788-9062, fax (6!.2) 788-0202 4030 Jackson Street Northeast, Columbia Heights, MN 55421-2929 INTERNAL REVENUE SERVICE DISTRICT DIRECTOR P O BOX A-3290 DPN 22-2 CHICAGO, IL 60690 Date: ~J~N:.:')4.:. 1~ EAST RIVER HOCKEY ASSOCIATION INC 1660 KRISTIN COURT FRIDLEY, MN 5-5432 DEPARTMENT OF THE TREASURY Employer Identification Number: 41-1647629 Case Nu~r: 364354056 Contact Person: RUTHANN WATTS Contact Telephone Number: (414) 798-8587 Addendum Applies: Dear Applicant: Based on the info~mation you recently sub~tted, we have classified your organization as. one that is not a private foundation within the meaning of section 509(a) of the Internal Revenue Code because you are described in sect. ions 509(a)(1) and 170(b)(1)(a)(vi). Your exemDt Status under section 501(a) of the Internal Revenue Code as an organization described in 501(c)(3) is still in effect. This classification is based on the assumption that your operations will continue as you have stated. If your sources of su~, or your purposes, character, or method of operation change, please let us know so we can consider ~ effect of the change on your exemDt status and foundation status. This supersed.es our letter dated August 15, 1994. Grantors and contributors may rely on this determination unless the Internal Revenue Service publishes notice to the contrary: However, if you lose your section 509(a)(1) status, a grantor or contributor may not rely on this determination if he or she was in part responsible for, or was aware of, the act or failure to act, or the substantial or material change on the part of the organization that resulted in your loss' of such status, or if he or she acquired knowledge that the Internal Revenue Service had given notice that you would no longer he classified as a section 509(a)(1) organization. If we have indicated in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter. Because this letter could help resolve any questions about Your private foundation status, you should keep it in your permanent records. Letter 1078 (DO/CG) EAST RIVER H~ ASSOCIATION INC -2- If you have any questions, please contact the person whose name and telephone number are shown above. ~~¥erely yours, Letter 1078 (DO/CG) EESOLUTION NO. 88- 42 BEING A EESOLUTION AUTHORIZING CERTAIN C~W.ITABLE GALLING EXFJfPTIONS IN THE CITY OF COLUmbIA HEIGHTS BE IT P. ESOLVED by the City of Columbia Heishts that charitable sambling exemptions will be Sranted to bona fide charitable orsanizations provided, however, ~hat the following requirements are met: 1. The organization wishing to gamble obtains the permission of the Minnesota Charitable Gambling Control Board. 2. The organization wishing to gamble obtains the permission of the Columbia Heights City Council. The organi~ation wish/ns to conduct gambling has been in ex/stent, in Columbia'Heights for not less ~han ten (10) years and is a non-profit organization as detezmined' by the Internal ~evenue Service and/or the M~--esota Secretary of State. Organizations .wishing to samble and have been in existence in Columbia Heights for not less than ten (10) years will be granted five (5) exemptions per year. Organizations wishing to gamble, but have not been in existence in Columbia Heights for not less than ten (10) years will be granted one (1) exemption per year. The organization wishing co conduct gambling must indicate the value of prizes by category to be awarded; such information shall be provided at the time of application. The organization wishing to gamble does not pay, and the Proprietor of =he licensed premises does not receive, rent in excess of $100.00 per event or other remuneration for permitting the gambling activity or device to be located on the licensed premises. The organization shall remit a non-waivable, non-prorated, non-refundable license fee based upon the following schedule: Class A and Class B licenses .... $100 Class C and Class D licenses .... $ 25 NOV, THEREFORE, BE IT RESOLVED that this resolution shall take effect on July 1, 198~, and shall replace Eesolution 88-07. Passed the 9th day of Hay, 1988. Offered By: Pecerson- Seconded By: Pe:koff · oll Call: All ayes o-A--e Student, Council Secretary Dale V. Hadtra~h, ~ayor CITY COUNCIL LETTER Meeting of: July 26, 1999 AGENDA SECTION: ~A~DAS ORIGINATING DEPT.: ~ CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Kathryn Pepin,-~ BY: NO: DATE: July 16, 1999 Attached is the business license agenda for the July 26, 1999 City Council meeting. In addition to the applications for Contractor Licenses, there is an application for the sale of beer, on sale, for Immaculate Conception Church Funfest to be held August 7-8, 1999 on the church grounds. Please refer to the attached letter from Co-Chair Jane Bona requesting the waiving of the license fees for this event. The other license request is for a cigarette/tobacco sales license at 2325 N.E. 37=h Avenue which is currently operated by Sarna's. Mr. Sabry Wazwaz has applied to operate a store similar to the current operation and the one in the Hilltop Shopping Center. Ail applications have been reviewed and approved by the departments responsible per City Code. At the top of the license agenda you will notice a phrase stating "*Signed Waiver Form Accompanied Application '~ This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for July 26, 1999 and further approve the waiver of the license fees for the Single Event On Sale Beer License for Immaculate Conception Church for the dates of August 7-8, 1999. COUNCIL ACTION: TO CITY COUNCIL July 26, 1999 *S~gned Waiver Form Accompanied Application 1999 BUSINESS LICENSE AGENDA APPROVED BY BUILDING OFFICIAL # # # CONTRACTORS *Dave's Contracting *Dolder Plumbing Larson Mechanicall *Petroleum Maintenance *Ken Stone Trucking, Inc. Westbrook Development *Meister-Plasha Excavation ADDRESS 3801 Lovell Road 7255 County Rd. 26. 21 Nord Circle Rd. 3172 Spruce St. P.O. Box 413 1564 W. University Ave 541 Andover Blvd. N.W. FEES 50.00 50.00 50.00 50.00 50.00 50.00 50.00 POLICE DEPARTMENT SINGLE EVENT CLUB ON SALE BEER *immaculate Conception Chumh Jane Bona, Co-Chair 4030 Jackson St. For Funfest 817-8199 REOUEST FEE BE WAIVED POLICE DEPARTMENT CtGARETTEfTOBACCO SALES *Sabry M. Wazwaz dlbla Stove's Tobacco 785- 45~ Ave N.E., Hilltop 2325 N.E. 37~ Place 100.00 license.ag June 30, 1999 City of Columbia Heights 590 40th Avenue N.E. Columbia Heights, MN 55421 Dear City Official(s): Enclosed is l~e license application necessary for our annual Fun Fest at Immaculate Conception Catholic Church. We are requesting the fees be waived as we are a non-profit Thank you fa' your assistance. Sincerely, Co-Cha~, Fun Fest Committee 5236 I-Icrizon Drive Fricley, MN 55421 612-572-1023 CTT~' CO~TT. .LETTER Meeting of: July 26, 1999 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER' S NO: CITY MANAGER ' S APPROVAL NATOA CONFERENCE--Assistant to the City BY: Linda Mag~~ BY: ~/~~.~ ITEM: Manager DATE: 7-20~;, ~ DAT NO: Each year, the National Association of Telecommunications Officers and Advisors holds a national conference. The conference provides an opportunity to learn more about cable regulation, legislation, technology, protection of the public rights-of-way, municipal programming, and franchise administration. This conference is particularly timely due to the ever changing legislative environment surrounding telecommunications. Monies are budgeted for this conference in the cable budget. RECOMMENDED MOTION: Move to authorize the attendance of Linda Magee, Assistant to the City Manager, at the National Association of Telecommunications Officers and Advisors Conference to be held in Atlanta, Georgia, from September 15-18, 1999, and that all related expenses be reimbursed from funds 225-49844-3105 and 225-49844-3320. COUNCIL ACTION: ~'rTY COU~'rL L~TTER Meeting of: July 26, 1999 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER ' S NO: CITY MANAGER' S APPROVAL Manager DATE: 7-20~//~~_~ DATE~..~'~"/~/~.'T~'. NO: Each year, the National Association of Telecommunications Officers and Advisors holds a national conference. The conference provides an opportunity to learn more about cable regulation, legislation, technology, protection of the public rights-of-way, municipal programming, and franchise administration. This conference is particularly timely due to the ever changing legislative environment surrounding telecommunications. Monies are budgeted for this conference in the cable budget. REC(IMMENDED MOTION: Move to authorize the attendance of Linda Magee, Assistant to the City Manager, at the National Association of Telecommunications Officers and Advisors Conference to be held in Atlanta, Georgia, from September 15-18, 1999, and that all related expenses be reimbursed from funds 225-49844-3105 and 225-49844-3320. COUNCIL ACTION: CITY OF COLUMBIA HEIGH'IS AUTHO~~ON REQLTEST FOR CONFERENCES, WORKSHOPS, SCHOOLS AND SEMINARS Purpose of Event Your Dep~ent? or Date: 0 Z ~o Z 6d ~T:8T 66-Tn~-ZT 99Z£-96~-£eL T68ZZBLZT9 ~6';14 epuTq :o~ To: Linde Hagee 61278228ill 783-506-3265 12-Jul-99 18:15 Pg I of 2 Early Registration Deadline is July 15th! I The National Association of Telecommunications Officers and Advmors- (NATOA) is pleased to offer special "Early Bird" rates for its 19th Annual Conference September 15-18, 1999, Atlanta, GA THIS ANNOUNCEMENT SERVES AS A SPECIAL OFFER TO ~NYONE WHO REGIGTER$ AND SUBMITS PAYMENT.PRIOR TO JULY 15, YOU MAY REGISTER NOW AND ATTEND THE CONFERENCE AT LAST YEAR'S EARLY BIRD RATES. FULL CONFERENCE INFORMATION REGARDING SPECIAL ACTIVITIES, SEPARATE MEAL AND GUEST PRICES WILL FOLLOW IN THE BROCHURE. Registration includes meal hJncfions but does NOT include group tours/optional activities. ._D~,.uble Discounted Fees for Registratio.n by July 15, 1999: NATOA/NLC Member..~4~.~_ Government Non-M~mber. $E60 All other Non.Member: S875 -- . .FT~T~n~.-J~c],./ 13: uall toaay [o make your reservations. This year's theme "Telecommunications Transformation HOTEL INFORMATION Atlsnta Marriott Msrquis 265 Peachtree Center Avenue Atlanta, GA 30303 (Phone) 800-228-9290 (Phone Direct): 404-621-0000 NATOA Rates: $125 Single/Double plus tax ($20 per additional person) To receive this diseoun~ register by August 20 end be sure to indieate that you are with the NATOA group! includes four tracks: Regulatory; Programming; Techntcal; and Compet~twe Markets. r~* Plenary speakers include: Comcast President Brian Roberts; RCN (Starpower) President Michael Mahoney; and Atlanta Mayor Bill Campbell. ~- Also highlighted will be a conference-wide tour of CNN and a reception at it's new atrium. ur Exhibitor displays, Joe Laposa Golf Tournament and tours of Stone Mountain and historic Atlanta. Early Bird Registration Form (Pie, ag copy form as necessary) Name: Title: Name prcf~rod for badge: Organization: Add. ss: City: State: Zip: Telephone Fax E-mail TOTAL AMOUNT ENCLOSED: Credit Card Number (if applicable) Exp. Date Cardholder Signature: PLEASE SUBMIT PAYMENT TO NATO~ NATOA honors checks, purchase orders and VISA, MasterCard and American Express credit ~rds. NATOA LIEADQUARTERS 16S0 Tysom Boulevard, Suite :ZOO, McLean, VA 22102 (Phone)703-~O6-327S, (Fox)703-~6-3266 Web Site: www.natoa.ora BRC F'INANCIAL SYSTEM 07/22/1999 .1. 1.: 58: 19 F:'LJhlD F:SECAF:': F:'LINI) 'f)E,SCR I P'¥ I ON ]. 0 t 201 202 203 204 205 212 2].3 225 235 240 250 270 276 278 4:1.2 415 4:':;0 431 433 60 :L 602 603 609 651 65;?. 701 710 72::0 883 GE:NE:RAL COMMUIq :[ 'FY DI.'"_"VI:.".I._(]I:'IqlKNT I:L.JND ANOKA COLJNTY CI)BC'; PARKVIL=:W VILLA NORTH E:CONOM.I: C DEVELCfl::'Mf:::NT AI. 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FUIqDS BAN !< 1:;8:::C~AP: BAI',IK I,IAME C;, he,:: k History D I SBLJRE;E HEN'¥'S 28,407.24 1 :, 265 .. 88 392.30 3, :L34.. 36 866.98 10 :, 204 ,, 38 210., :1.7 891 ,, 85 ]. , 383.42 704 .. 47 306.49 5 .., 935.50 2, :1.43.09 784 .. 24 87.24 982 .. 35 8, .1. 7 :[ .31 6,892 .. 40 6, :[05.37 303 .. 53 10,162 .. 78 54 :, .1. 80.50 552. :1.6 236,378.87 294.00 142 .. 50 4 :, 927.56 3,166 ,, :L6 224.55 843.75 2,599.33 74,959 .. 00 200,086.37 170,000.00 77.12 837,767.22 D.[..>I': LJR,.~E. MEI'! I ~> BRC F'INANCIAL .SY?.FFE~M 07/22/1999 11 C he (: k 1.4 i s .1:o r y 7/26/99 CGuIqcII... t...Ic,;'l" BREAKDOWI,i BAN K VI~.'NDOR CI-Ili:C K I-IUMBI:I~ BANI( CHI::C I'(:1: NG ACCOI..JI,IT AIR TOUCH CE:I...LI. Jl...AR ALIKXON/DANA AME:RICAN AGENCY INC ANOKA COUNTY MOTOI~ ASF'EN I'III...I...S.,, INC. BI.:.]...I...BC]Y COF;~I-"'OF(AT IoIq C]:TY OF:' E:AGAN DI.:.]._ VECCH:EO/JOHN ][)IJGAI',I/T I I',IA [};AI. JL T/£-~ I l._L [3E]qlJINi:: F:'ARTS/NAF:"A AUTG GI:;;AI::'I:T. BI.T.[.3II,tN II'-IG,S INC II-IGI:;~AHAM & AS,c.;OCI ATES iI:N,~3IDE COI;,'NE'"F~ I. JMF'II'~E,S L ]i NI, IGF~E:I'4/I'IAT'I" I"IE'I"F;~C] I-.IRA F'O M ]: NI,IEGAS~CO I"1 i1: NI'IIF,~3OTA TW I NS MI'I I)EF:'ARTME:N'I" OF:' F;.:EVE'.NI. JE MN ]DLKF'T O1'" F~I.EVI.:-"I'IIJE I,I S F:' I'1 O1'"( R I NG/UJC I I_LE NORTH STAR ICE I::'AI;~T~,~F'LUS I::'Iii:TTY CASH- ,.'I'OANNE BAKE I::'ETTY CASH .... I,(ARE:N MOIKLL F'F;,'O STAF:'F:' F:'ROli~X .... WOLF: CAMIFRA QLJAE..I'i"Y WINI:: & ,c.~I::']:I:;~ITS~ F;~OB]B/SU,~3AN RY]DEI:;.: STI..JDlii:N"I" "f'F;~ANSI::'GF~TA 'T'AHC] SF.'[.']I:~TSWIEAI'~ 'I"ARGE:-I" S'TOI:;~E:,~i~-ACCT,~.; RE:I:; 'T'O M B AI'~ GIE/!'~ [:],~'3AI._ I I.E I..j S wl~:s"r COMMI..JN I CAT IONS NORTHE:A,ST S'I'ATF BANI< AF:'F:' I N I-I"'( I::"L. US I::'E:DE:F;~AL. 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E:S DEALS ON ME:ALS DIAMOND T RANCH DISCOUNT SCHOOL SUPF'I_Y DIS-f'RICT :L3 COMMUNITY ED DNI~-F'ORESTIRY CD-'-'ROM SALIE GIE:I.IUINE F'ARTS/NAPA AUTO GI..IENWOOD IN(31_IEWOOD 141E: I (3FITS BAKERY HOWE YMCA/EMMA B JOHNSON F:'AF:'EER & SLJPF'L.Y C JOHNSON/TIERESA K MART I_ INN(~REEN/IqATT M I N N E: G A S C 0 MN JUVIENILIE OI::I::ZCIEF(S ASS MOIEL.L. ER/KARE:N NIEW F'O[~EY F-OLL]:ES OI...YNYK/F'AT F"AGIENET OF' MN F'AUSTIS & SON[; PIEARSON/IROIgAL..D I:'l~:l'lf, I CYCL. E: F'E:TTY CASN '-' KARIEN MOIEI..L F:'I NNACL. EE D I STR F:'I...AN TIENBIEIRG/MAF(CIELLA F'F~OE:X - WOL. F' CAMERA QUALITY WINE & SF'ZRITS RIE:THA & SANDYS'S SWEET S SZURIE I(/MARI_A IlglE WINE COMPANY/TFIIE ACIE HARDWARE ACE SUPPLY COMF:'ANY INC 80173 80.1.74 80175 80176 80.1.77 80.1. 78 80179 80:1. 80 8018 .1. [']0 .1. 83 80184 80 .1. 8 5 80186 80187 80188 80 .1. 89 80190 80.1.9.1. 80192 80193 80194 80195 80:1.96 80197 80 .1. 98 80199 80200 80201 80202 80203 80204 80205 80206 80207 80208 80209 802 .1. 0 80211 802.1.2 80213 80214 80215 80216 80217 80218 80220 80221 C I TY OF" COLUIqB I A HIE I G HI'S Gt_ 540R'"'V06. O0 PAGE 2 AMOI:JNT 23,518.67 90.00 597.47 490., 20 43.25 842.16 609.00 46.00 .1. 50.00 224 ,, 00 5.00 4:L9.3.1. 8,63.1.., 30 14 ,, 90 357.60 369.84 8.1..1. ,, 86 :'~62 .. 59 2,246..05 35.00 74.06 54 ,, :LO 57.60 683 ,, 00 476.05 :1. 00 ,, 00 8.36 142 ,, 06 .1.2..1.8 25 ,, 00 44.24 57.20 .1., 224 ,, 80 .1. 33 ,, 56 340.90 i'.-'.33.65 2,599.33 65,.66 50.95 9 ,, 00 26.5:£ .1. :, 268.04 25.99 18 ,, 00 60 ,, 00 52,,27 78 ,, 95 BRC r:'INANCZAL SYSTEM 07/22/1999 11 Check His'tory 7/26/99 COIJI-ICII... I...Z,~T BF;,'IEAI(DOWN CITY OF COLUMBZA I.~E]:GH"t",S GL. 540R-.-.V06,00 F:'AGE 3 BAN I( VEI,IDOR CFI[CC K NUMBER AMOUNT BAN K (::I-.tI~:C K :I:I,IG AC[:,'OUI,IT AID E:L.E:CTRIC E;E:I:~V:I:CE Il,lC A :[ R TOUC_,H C,I_EI...L.[Jt._AF( -ALL. SAINT8 BRAND I):[STF~IB AME:RZCAN 8FMZ I:'ART,~,SF_"I~V · AI'IE:F~ I F:'R :[ DE: AI,IOKA COUNTY F'ROI-"'LT. RTY A Iq 0 I(A H E FIFI E F' I N T E C H C 0 I... L. AIRAMARK A,~;I:'E:N MIL. I...S, :[FI(:.. BATTEIRY C.'[TY IN[:; BAUER BIJIL.-[ '¥IRE: & BATTE BI'.:.: :1: ,<~SWF-"NGER ' 8 I..IAF(DWAIRIF B E R N I C K A N D I... I F <,i; 0 N B :1: F'F'" ' S, :l: NC. BZTUMII, IOUS ROAI)WAYS :. ZI',IC BI...IJIE F~:[BBON CI'~IF.'M--'-DI:~Y BRAUN I NTE:RTE:C E;ORP [.~URI!"'AU OF" CRIMAINAL AF'F'IR CEI,ITRAL. AVENUE RADIATOR CI'~IF'ROKIFIE F'OWEIR IF[][JIF'MENT [:I--IISA[;O L. AKE8 DISTR]:BUTI C:[TY W.'[DIE I._OCKSMITH]:N[S COCA-"COL. A BOT"FI...:[NB MIDWE: [::OI...(JMB :[ A HIE I GH'¥S REN'T'AI.. COMf'I CEN'fER CONNF_"LI_Y IND~J$'TRIAI.. IEL. IEC E; R I.:.: A T :[ V E L. A M l FIAT I FIG C,SC CRIED ]: T ~,~E'"IRV l CES CUTT:[N(3 EDGE C;ONTRACTINC; DAI...CO ENTEF(F'IR 181E8 ]:FI(: DAVIES WATEi:R EQUIP CO. DNIR-..-F'ORE,~TRY (]D-RC)M 8Al..li~ DOYL. E L.OCK SUI-':'PI...Y DRA.'[N DOCTOIR DUO CHEH :[NC; I~:AGI...E WINE COMF'ANY EAST SIDE: BE:VE:RAGE: CO IF'I...I.ECTIR I C ,~31i"RV ]:CIE COMF'ANY I.:.:SS BROTHE:R~,?; & ,'-.';ON8 INC; F'ACTORY IqOTOR F:'ART,~ ]:NC F'I...ANAGAN SALES IN[:: F:'OCUS NEWSF'AF'I.EIRS G & K SERVIC;E:,; GOOD MD/ DR GARY G 0 F' H E R B E AR :[ FIG COFIF'ANY GOI:I--tEIR [STATE ONlii:-C, AI...L. GF;,'AYBAF:,' EL.E:CTR :[ C 80222 333.24 80223 5.69 80224 636 ,, 00 80225 197.75 80226 42.18 80227 20 ,, 50 80228 420.00 80229 297 ,, 24 80230 66.00 80231 795.13 80232 408.2:1. 80233 54 ,, 46 80234 847.50 80235 :1., 912 ,, 53 80236 2 ~ 453.39 80237 69 ,, 23 80238 6,892.40 80239 630 ,, 00 80240 244 ,, 95 80241 72 .. 92 80242 5,814.00 80243 34 ,. 17 80244 I, 566.30 80245 I:L. 18 ' 80246 462.27 80247 171 ,, 50 80248 75 ,, 46 80249 60 .. 00 80250 1.711.00 80251 591 ,,22 80252 303.53 8025:~ 35 .. 00 80254 452.72 80255 137.00 80256 94.89 80257 1,048-05 80258 56,661.30 80259 295.00 80260 889 ,, 35 80261 I~33 ,, 64 80262 982 ,, 35 80263 879 ,, 70 80264 151.67 80265 80 .. 00 80266 47.88 80267 281.75 80268 161.04 BI:;.'(] I'" I NANC I Al... SY.STI!£M 07/22/1999 11 C.. he c k I-.! i s:.. '1.:o ry 7/26/99 COUI-.IC:[I... I....T.S'I" BI:~E:_'AI<]DC]WN C :E T'Y OF CC)I...UMB I A I"IE :I:(~I"I*T'S GL540R""V06. O0 PAGE] 4. BAIqK VENDOR CHEi:C I'( NI..JI"'IBI!~: R AMOI..JN'T' BAN I( C;t--IliiZ; K I IqG ACC~[)UN'T' (."iR I (3GS-..COOF:'E~R & CO HAI'ICI!" COMI::'AIq I 1~':8 I"I~F:"F:'EilL.. DB~ F:'I,..~NSIGHT/JE~R I'~I~R ~E I-IE l GHTS EL. ECTRIC INC. H I TEES I::I...OIRAI_ I"I[:)HENS-FE :1: NS :1: NC I'~OI~I~E DEF:'OT ~2802 ]:BM CORPC)R~'Y':I:ON :1: F'C F'I~:[ NT:E N6 JOHNSON BROS, I...:I:QUOI:~ CO, K~R PRODUCTS KEIqNEDY & GR~VEEN KUE[THE[R DIST, I...~RSON F'L. LJ~B]:NS~:E KE I_~N SERVI CE:-'SN[:]~ I...OC~TO~8 ~ SUF'F'L:[ES LYLE: SIGNS M~DDEEN & ~SSOC:I:~'I"ES~F:I~N M~I~K V:l:I DIST, ~RSH~I...L [:ONCRL~:TEE I::'RODUC M~YER D:I: STR I BUT I MCDON~I...DS I'IEDTOX L..~BOR~TORIE:E~ INC ~EEN~RDS [:~SH~Y I..U~BtEI~-F' ME:TRO WEL. D]:NG E~UF:'PI...Y MI~:TFCOC~L.L.- ~TT MESS~G~I:Iq MI~:TROPOL.:I:'I'~N COLJNC M:I:D~Y M:I:~WEST ~SPH~L..T CO, ~IO~EST D I I~:SEI... M:I:NNESOT~ PLJBI...I C M :1: NNLS:~OTA SUN F:*L.JE~I... :E C~T :E 0 MIq DEPT OF L.~BOR ~ INDUS I'IOTOROI_~ ~OB :1: I...I~E MI:~ NET MTI DIST~:I:BUTING Iq~TI C]N~L NIGHT OLJT I'IIE;I~;DI"I~ D 18TR :E BUT :1: NG CO IqORTH ST~R ICE[ OF:'F:' :1: CIE: DEF'ST [:]1"11_. I N S~I...E:S I::'~CEE ~N~I...YT :E C~I... I:'~ I( SUPPLY F:'C 80L. UT :[ F:'I~[~[:::HTREE~: BUS:I:NESS PRODU 80269 .l 3,823 ,, 72 80270 34 ,, 72 80271 3 :, 405 ,, t6 80272 40 ,, 00 80273 7.90 80274 772 ,, 69 80275 5,286.58 80276 170 ,, 80 80277 221.45 80278 359 ,, :L 5 80279 16,216.70 80280 13 ,, 65 80281 79.77 80282 327 ,, 50 80283 63,417.53 80284 250 ,, 00 80285 567.65 80286 294 ,, 00 80287 261.52 80288 2,992.50 80289 28,091.76 80290 ;L3,, 22 80291 103.64 80292 76., 14 80293 28.50 80294 28.33 80295 18.16 80296 14., 14 80297 51,744 ,, 05 80298 226.09 80299 4,985 ,, 30 80300 129 ,, 62 80301 80. O0 80302 438 ,, 70 80303 75.00 80304 6,105.37 80305 224.55 80306 42 ,, 96 80307 557.16 80308 102 ,, 50 E~0309 2,196.60 803 ]. 0 642 ,, 76 80311 96.13 803 ~. 2 140 ,, 00 80313 242.72 80314 795.65 80315 154.43 BRC FINAN[]IAL ,SYSTEM ()71;?:~:.:/1999 11 Chec:k Flistory 7/?.6/99 COI]I,ICIL L]:ST BRE~.AKDOWIq C :I:"FY C)I:: COI._tJMB :[ A Hlii: Gl... 540R""V06. O0 F:'AC')Ei: 5 BANI( VENI)OR CHE:CK NUMBI:::R AMOUNT BAN K CHlii:CK:I:NG AC:COI..JI,IT PEF:',S'~I---C;OI...A-'-'7 t. Jl::' F:'HII...L:EF',~ W:ENE & F:'I...UN KE:TT ' ,~i~ :, ]: NC I::'l:;t :1: OR W :[ NE F:'F;tOf.:.;RE:,S~ :1: VE CONSUI...'T I NG E R & T ,~F'E~.[::r.~I..TY ::NC F(API-r F'R]:NT]:N[3 -" FFt:I'.DI...E:Y F;tUF:'F:I~ :( DGI.::- JOHN,S C)N IEQUIF'. ~ R F' CONGUI...TINC) GF;tOUF' :I: .S;ARATOGA C[]. SC tE:I',IC:E~: Ht..ISE:UM OF MN SI.:.:AF~,~ COMMli':RC :1: Al... CRI.'-.':D :1: T SEH S:I:GN LANGUAGE & GOI...DEIq A ST JOSEPH ' ?.; I:i:QLJ:I: F:'Mlii:NT SYSTli"MS ,t~IJF'F'LY :I:NC. 'l'-'-I?OY F'F~ODLJCT~C; INC TAUTGES, REDF'ATH, & CO. , Tli!:E: ' S F:'L. LJS '¥1-'IU N DE.'.I? RI.::STOI?AT :r. ON THYSSEN I...AGEF;~QLJlST CORP TRACY F'R :1: NT I NG TRF:ADWAY GRAPHI C,C.; 'Y'F~UGREE:N CHEMLAWN UI,I I I::'OF;.:HSI..JNL I M :1: 'I"ED ]: NE; UNION WEL. D:I:NG & MA[.:I--I:I:NI!i: V[:]SS L.. :[ GI-'I'I" ]: W & W GENE~.RATOR Rlii:~.~U:I:LDE WAGAMON ~-:{R(.')S. ]:FI(::: WARNING I..:['I-ES OF' M:[NN. W:t:I,IE: I~IERC:HAN'I",S WURTH I. JSA WL, J (3RAI NC-)E:R ZAF'tNO'I-I-~ BRtJ.~H WORKS, ]:lq[: 80316 383 ,, .1.0 803.1. 7 .1. 0 :, 8.1. 7 ,, 09 803:1. 8 67 ,, :1. 0 80:5.1. 9 5 :, 'TZf3 ,, 4:1. 80320 ;?.94.00 80321 404 ,, 78 80322 .1. 65 ,, 08 80323 25 ,, 59 80324 75:1. ,, 52 80325 50 ,, 73 80326 :1. 29 ,, 00 80327 111.6:1. 803;:'.8 12.2.00 80329 305 ,, 87 80330 49 ,, 53 80331 294 ,. 33 80332 84.25 80333 1.6 :, 5.16 ,. 00 80334 I, 692.90 80335 516 ,. 53 80336 572.22 80337 200 ,. 53 80338 45.41 80339 674 .. 15 80340 840.53 80341 375., 99 80342 358.38 80343 96 ,, 39 ~)()344 4.18 80345 307.79 80346 70.85 80347 :L85 ,. 45 80348 126.20 80349 930 ,. 837,767 ,, 22 *** CITY COUNCIL LETTER Meeting of: 7/2bt99 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: q PUBLIC WORKS ITEM: STORM WATER UTILITY ORDINANCE #1397 BY: K. Hansen~.~j~ BY: q ,./~ ..~ ~ DATE: 7/21/99~---''*~ DATE: Background: Staffmet with the City Council at the June 7 work session for general discussion on thc establishment of a storm water utility. One component of the utility is the enablin§ ordinance development. The City Attorney has reviewed the ordinance and has determined no conflict with the City Charter. Other minor comments from the Attorney have been incorporated into the ordinance. Issues/Conclusions: The ordinance is proposed for consideration as an 'enabling' ordinance. The intent of the ordinance is not to set the rate structure, but to establish the Council's ability to establish a storm water utility fee system. The rate structure will follow the ordinance, in the form of a City Policy, after a period of public review and comment. The ordinance establishes a mathematical basis behind the fee system, supported by standard engineering practices. The attached ordinance will establish the storm water utility, and provides the following: · Fee system · Credit system · Exemptions · Payment of fees A future policy would establish the actual rates. The utility would take effect following a public hearing, with fees established and payable as part of the next billing cycle. The project schedule provides that billing would begin ai~r January 1, 2000. Recommended Motion: Move to waive the reading of Ordinance #1397, there being ample copies available to the public. Recommended Motion: Move to establish August 9, 1999, as the date for the second reading of Ordinance #1397. ZI .'jb 99-241 Attachment: Ordinance # 1397 COUNCIL ACTION: ORDINANCE # 1397 BEING AN ORDINANCE ESTABLISHING A STORM WATER UTILITY CHAPTER 12 ARTICLE The City of Columbia Heights does ordain: General Operation. The City storm water system shall be operated as a public utility (hereinafter called the storm water utility), pursuant to Minnesota Statute Section 444.075, from which revenues will be derived subject to the provisions of this Chapter and Minnesota Statutes. Section 1: Definitions. Utility Factor. Utility Factor 12.301 The utility factor is defined as the ration of nmoff volume, in inches, for a particular land use, to the nmoffvolume, in inches for an average single-family residential, assuming a 2-inch rainfall and Natural Resources Conservation Services (NRCS) "Type B" soil conditions. Section 2: Storm Water Utility Fee 12.302 The storm water utility fee is defined as the annual charge developed for each par'eel of land. Section 3: Monthly Storm Water Utility Revenue 12.303 The monthly storm water utility revenue is the estimated monthly expenditures for planning and inventories, capital expenditures, personnel and equipment and operation of the storm water utility, in accordance with established City policy. Section 4: Storm Water Utility Factors. 12.304 The Storm Water Management Fee shall be determined by first determining the percentage of total runoff in the City which is attributed to single-family residential property. The fee per acre for single-family residential is computed by computing the product of the runoff percentage and the Monthly Storm Water Utility Revenue, divided by the estimated total acres of single-family residential land use in the City. The per acre fee, the appropriate utility factor and the total acreage of the parcel. Single-family residential parcels shall be assessed on a per household basis. The utility factor for various land uses are shown in the following table. Utility Classification Land Use CN Factor 1 Single Family Residential District 72 1.00 2 Two Family Residential District 75 1.30 3 Three Family Residential District 80 1.92 4 Manufacturing 88 3.30 5 Retail Business District 90 3.74 6 Limited Business District 90 3.74 7 General Business District 92 4.23 8 Central Business District 92 4.23 9 Neighborhood Business 88 3.30 10 Light Industrial District 88 3.30 11 Heavy Industrial District 90 3.74 Section 5: Credits 12.305 The Council may adopt policies, by resolution, for adjustment of the storm water management fees. Information to justify a fee adjustment must be supplied by the property owner. Such adjustments of fees shall be retroactive. Credits will be reviewed regularly by a staff committee. Section 6: Exemptions 12.306 The following land uses are exempt from the storm water management fee: · Public Road Right-of-Way · Lakes · Wetlands · City Property Section 7: Payment of Fee 12.307 Storm Water Utility Fees shall be billed in accordance with the Finance Department's current billing cycle with water and sanitary sewer bills. The fee shall be due and payable the same terms as water and sanitary sewer utility bills.' Any prepayment or overpayment of charges shall be retained by the City and applied against subsequent fees. All such utility bills may be collected as provided for water billing by Section 4.314(3) of the City Code. Section 8: Appeal of Fee 12.308 If a property owner or person responsible for paying the storm water management fee believes that a particular assigned fee is incorrect, such a person may request that the fee be re-computed. Section 9: Penalty for Late Payment 12.309 Thc Council shall, by Resolution, fix all charges and penalties for late payment for Storm Water Utility fees and shall similarly fix the rates by which such charges shall be computed. Section 10: Certification of Past Due Fees on Taxes 12.310 If any storm water utility fees have not been paid when duc, then a penalty as set forth on Section 00.080, shall be added to thc amount due. Any such past duc fees may then be certified to thc County Auditor for collection with real estate taxes on thc following year pursuant to Minnesota Statutes Section 444.075, Subdivision 3. In addition, the City shall also have thc right to bring a civil action or to take other legal remedies to collect unpaid fees. First Reading: Second Reading: Date of Passage: July 26, 1999 Offered by: Seconded by: Roll call: Mayor Gary L. Peterson Jo-Anne Student, Council Secretary CITY OF COLUMBIA HEIGHTS Meeting off July 26, 1999 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER NO: Communit~ Development APPROVAL ITEM: Demolition Contract Change Order BY: Kenneth R. Anderson ~ BY: DATE: July 20, 1999 ISSUE STATEMENT: Request City Council approval for change order to remove and dispose of one fuel tank at the former SACA building site at 627 38t~ Avenue NE. BACKGROUND: The City of Columbia Heights and the Columbia Heights Economic Development Authority have engaged Blue Earth Environmental Company to perform the demolition of five structures in the City of Columbia Heights. One site included the former SACA building at 627 38th Avenue NE. This building is situated on property owned by the City of Columbia Heights. The Assistant Fire Chief had notified the Community Development office that there potentially was an underground storage tank on site which was discovered when the fill pipe adjacent to the foundation was discovered after the Fire Department burned the building on July 11, 1999. The Building Official confirmed the potential presence of an underground fuel tank on July 15, 1999. The contractor was on site on Monday, July 19th and excavated the earth from the top portion of an underground tank which is presumed to be a fuel oil tank for the former house on the site. We discovered that the fuel tank is approximately four feet in diameter, although the full length of the tank has not been determined as only a portion of the earth has been excavated from the site. The tank appears to be empty. ANALYSIS: Blue Earth Environmental Company provided a change order for the removal and disposal of one fuel tank found on this property in the specified amount of $875. The previously approved total contract amount was $80,800 bringing the revised contract total to $81,675. The Land Lease Agreement between the City of Columbia Heights and Southern Anoka Community Assistance, Inc. (SACA) included a provision where SACA would compensate the City up to a total of $5,000 for the demolition and removal of the structure and footings and performing site restoration work. The contractor's original bid amount for 627 38t~ was $3,900. The change order amount for an additional $875 brings the total to $4,775. This amount will be reimbursed by SACA to the City of Columbia Heights. .RECOMMENDATION: Staff recommends approval of change order #1 for existing Contract #C99- 01 in the increased amount of $875 bringing the total approved contract to $81,675.00. RECOMMENDED MOTION: Move to accept change order #1 for removal and disposal of one fuel tank at 627 38tu Avenue NE submitted by Blue Earth Environmental Company, based upon their change order dated July 19, 1999; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Attachments: H:~ltr7-26-1999demochan~eorder COUNCIL ACTION: $UL--19--99 e5=40 PM BLUE, ERRTH EH¥]RONHEHT~L $e75876284 P.8! BLUE EARTH ENVIRONMENTAL MANKATO, MN 50001 Number Phone: (507) 367-~261 Fax: {507) 387-62~4 , ,,~ ' . ' ' .__7/19t~,~ TO l~en an.d,~gsu~- <;0.mu~nl_t:y D~v~*lopme_nC DlgeeCo~ 490 &Ot:h Ave. N. ~-. MNAMi Ij, Q~I' I~ t, rake t~ ~h~.) ~r.d ~ disposal of me fuel Cank found on loc, 627 38ch Ave. : , WE AGREE hereby to make the change(s) specified above at this price i~ $ 87}. 00 CiTY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.£., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 **** NATIONAL NIGHT OUT PROCLAMATION **** WHEREAS: The National Town Watch Association is sponsoring a special coast-to- coast community crime prevention project on the evening of August 3, 1999 called "National Night Out"; and WHEREAS: It is important that all citizens of Columbia Heights be aware of the importance of crime prevention programs and the positive impact that their participation can have on reducing crime in our neighborhoods; and WHEREAS: ''National Night Out" provides an opportunity for Columbia Heights to join together with thousands of other communities across the country in support of safer neighborhoods and to demonstrate the success of cooperative crime prevention efforts; and WHEREAS: Neighborhood spirit and cooperation is the theme of the "NatiOnal Night Out" project and is also the key ingredient in helping the Columbia Heights Police Department fight crime. NOW, THEREFORE, I, Gary L. Peterson, Mayor of the City of Columbia Heights, do hereby call upon all the citizens of our community to join the Columbia Heights Police Department in supporting and participating in '`National Night Out" on Tuesday, August 3, 1999. FURTHER, LET IT BE RESOLVED, that I hereby proclaim Tuesday, August 3, 1999 as '`NATIONAL NIGHT OUT" in Columbia Heights. Mayor Gary L. Petcrson August 1999 IBIA HEIGHTS DOSS NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SSRVICES EQUAL OPPORTUNITY EMPLOYER CITY .OF COLUMBIA HEIGHTS S30 MiLL STREET N.[.. COLUMBIA HEiGMTS. MN S5421-3878 (612) 782-2860 TDD 782-2806 Post Commander Richard Shupien VFW Post #230 4446 Central Avenue N.E. Columbia Heights, MN 55421 Dear Commander Shupien, I am writing to you on behalf of the City of Columbia Heights Recreation program concerning the VFW donation of a "Community Party Wagon." Mayor Gary Peterson brought this idea to my attention after Bruce Nawrocki and the Mayor had discussed the possibility of this idea. This wagon could be a super idea for a donation to the community and would be something the Columbia Heights VFW could put their name on and be recognized for their outstanding donation to the community. I have enclosed a picture of the Community Party Wagon from Lino Lakes which was donated by the Circle-Lex Lions. The cost of the Lino Lakes Community Party Wagon was $11,000. This party wagon consists of a trailer loaded with many party accessories, such as tables, chairs, and many recreational pieces of equipment, such as balls and other play equipment. This trailer could be used by Columbia Heights residents to assist them with family gatherings, special events, or community block parties where people can get to know their neighbors better. I think this would be a great donation to the community and something which would benefit all the residents of Columbia Heights. This wagon could also be good publicity for the Columbia Heights VFW. The VFW could pull the wagon in the Jamboree parade. I have put together a budget of what I feel this Community Party Wagon would cost. Our department currently has many things that Could be put in this trailer, such as tables, chairs, and some recreational equipment, which would keep the initial cost down. The total amount would be approximately $5,500. Let mc know what you and the VFW members think of this idea. If you have any questions, please feel free to call me at 782-2861. Sincerely, / ~ ~.~. Keith Windschitl Recreation Director KBW/jim Admin\KW-VFWShupien Community Party_ Wa_~on Budget 1. Enclosed trailer, 8 ft. X 16 ft. $3,985.00 2. License and tax 289.00 3. Trailer graphics 500.00 4. Power and lighting with fixture 250.00 5. Additional recreational equipment 476.00 Total $5,500.00 *Note: Our department has many tables, chairs, and recreational equipment that we could start this project out with. Linc Lakes Parks and Recreation Department 7204 Lake Drive Linc Lakes, MN 55014 (651) 780-188~ Fax (651) 784-7227 Circle-Lex Lions I City of Linc Lakes Party WagOn 1999 Reservation PrOcedure 'The purpose of the Party Wagon is to encourage neighborhood residents to organize block parties to provide an opportunity for people to get to know they neighbors." April 16, 1999 Block Party Applications Processed April 21, 1999 Individual Gathering Applications Processed April 23, 1999 Applications Accepted on Availability Basis Block Party -a neighborhood gathering, located in the service area, of atleast 5 families who reside in the same neighborhood. Inc;lividual Gatherino - A property owner, located in the service area, who is hosting an event (ie. birthday party, graduation, family reunion). Reservation Procedure 1. Submit completed application form and applicable fee (if any) to the Lino Lakes Parks and Recreation Department. A $200 refundable damage deposit check is also required. 2. If requested date is available, a confirmation letter and receipt will be sent to the applicant. 3. If possible, applicants are encouraged to list alternate dates. 4. If requested dates are not available, all fees and the damage deposit will be returned promptly. 5. Application requests must be made at least 5 working days prior to requested date. General Information 1. Block Party applications received by April 16, 1999 will be processed in random order on April 19, 1999. 2, Individual Gathering aPplications received bY April 21, 1999 will 'be processed in random order on April 22, 1999. 3. Applications will continue to be processed on a date availability basis beginning April 23, 1999. PLEASE NOTE: PROCESSING DATES. FOR THE YEAR 2000 WILL BE CHANGED SIGNIFICANTLY! (APPLICATIONS WILL BE PROCESSED BEGINNING FEBRUARY 1, 2000) Residences and businesses that are located within the following areas are eligible to use the Party Wagon: The City of Lino Lakes The City of Circle Pines The City of Lexington The portion of Blaine located east of 35W 6. The Party Wagon is available for use between June 1 and September 15. 7. No reservations will be made over the phone. The grantee of use permit shall be liable for any loss or damage to the Party Wagon and its contents. (OVER) Lino Lakes Parks and Recreation Department's Party Wagon: The Lino Lakes Park: ation Department now foot by 20-foot Party Wagon available foi cormnunity use. The department's goal in implementing this party wagon is to encourage neighborhood residents to organize block parties to provide an oppor- tunity for peoplc to get to know their neighbors. Thc party, wagon will bc equipped with a variety of equipment including chairs, tables, coolers, crocluct sets, bocce ball, horseshoes, frisbee golf, a para- chute, footballs, soccer balls, sidewalk chalk, hula hoops, volleyball set, badminton set and much more. UPDATE We're moving June 1st .... Lino Lakes Parks and Recreation Department 600 Town Center Parkway, Lino Lakes, MN 55014 General Info: 651-982-2440, Fax: 651-982-2439 Hofline: 65 !-982-2445 f~ Program Location Key~ fee to reserve thc' wagon for a neighborhood lock party. Individual events such as a graduation party or family reunion can reserve the party wagon for a fee of $25 for :~ weeknight m~d $40 for a week- end. Residents who reside in the cities of Lino Lakes, Circle Pines. Lexington m~d thc portion of Blaine locat~ east of 1-35W are eligible to reserve the party wagon. Applications and addi- tional infom~ation are available by calling the Lino Lakes Parks and Recreation Department at 651-982-2440. Par~y Wagon made available through con- tributiott~' by thc Circl~:.Lex L~o~ Club. BP Birch Park BA Birchwood Acres CC Centennial Campus cE Centennial Elementary CHS Centennial High School CMS Centennial Middle School CSA centennial Sports Arena CTC Centennial Tennis Crts N CVE Centerville Elementary CH City Hall CliP City Hall Park CLP Country Lakes Park GLS Golden Lake School IP Inner Park LP Lino Park RLE Rice Lake Elementary SP Sunrise Park .P Sunset Oaks Park Index Youth Programs Baseball, Double Play Camp ...... 4 Be a Ball BoytCfirl ....................... 7 Dance, Preschool ......................... 6 Dance. Tap and Ballet .................6 Dance, Jazz ................................... 6 KJle Da.,,, ....................................... 7 Oolf ............................................... 3 Menial Arts .................................. 7 Options ......................................... 8 Playground Program ....................8 Preschool Playtime ...................... 7 Sa let)' Camp ................................. 7 Skyhawks Sports .......................... 4 Soccer ........................................... :5 Soccer 'Fun"Damentals .............. 5 Soccer, Alan Mcrdcks ................. 6 T-Ball, 4 Yr-OId .......................... 4 T-Ball. 5 and 6 Yr-OId ................4 Tennis Tots ................................... 3 Tcmfis. USA Team ..................... Tennis, USA I-2-3 ..................... Wild Away 'l'nps ........................ ' Adult Progranm Baskclball, 3-l'laycr .................. Fitness. Slim ]';xpress ................ I Golf ............................................ Softball, Fall Slowpitch ........... Tennis, Pin.,,' 'l'ennis America ... Ten,is, Co-Ret Doubles ........ Ten,tis, Men's ........................... '. Tennis, Women's ....................... Volleyball, Co-Ret .................... Volley, Open .............................. Parks Update .................................. Parks and Recreation Information ...... Performances m the Parks .................. Re$istralion ....................................... Communily News ............................... 2 PARKS AND RECREATION DEPARTMENT · , PARTY WAGON INVENTORY FORM SUPPUES QUANTITY CHECK CHECK NOTES ' OUT IN Folding Tables , 6 Folding Chairs , 40 , First Aid Kit 1 12" Orange Cones (HD) 12 Me?_phone 1 10 Gallon Beverage Coolers 2 Volleyball Net & Poles 1 Colored Rubber Volleyballs 6 Foam Volleyballs 2 Badminton Racquets 10 ShUttlecocks 20 Frisbees 12 Frisbee Golf Sets w/nets 3 Bocce Ball Set 2 Horseshoe Sets 2 ,,~ Croquet Sets 2 Tug of War Rope 1 Beach Balls 2 Potato Sacks 24 Scoop Ball Sets 6 Bowling Set 1 Jump Ropes 12 ....... Hockey Sets 1 Footballs 5 Neff Soccer Balls I ,, Hula Hoops 12 S°ccer Balls 63! Playground Balls 8.5 Rubber Playground Balls 4! Safety Flites Games 1 , , Tic Tac Toe Target Buckets of Sidewalk Chalk 2 Fire Extinguisher 1 Rubber Baseballs 4 Nerf Footballs 2 Parachute 1 Shuffle Board Set I , Gator Skin Balls 4 Initials By signing this form. I acknowledge that the equipment and supplies listed above are present and in good condition. Print Name Date Signature swlforms/party Wagon Inventofy.xls CITY COUNCIL LETTER Meeting of July 26, 1999 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: CITY MANAGER Fire APPROVAL NO: Amending Chapter 5A of City Code DATE: July 16, 1999 DATE: ¢ ¢? NO: Background Ordinance #1395 is an Ordinance amending Chapter 5A, the city's Housing Maintenance Code. The first reading of ordinance #1395 was held at the City Council meeting on July 12, 1999. During this meeting it was noted that the ordinance is quite lengthy and in discussions after that meeting with a member of the Council and with the City Manager it was requested that there be some way of indicating which specific paragraphs of the ordinance are being changed. Analysis Pursuant to the request for additional clarification, following is a list of changes made sorted by each of the objectives staff had proposed for changes. Allow the city to bill the owner of the property for costs associated with license revocations and posting of property. Affects paragraphs: 5A.505(1) through 5A.505(6). All are new to this ordinance. Allow inspections to be conducted bi-annually rather than annually. Affects paragraphs: 5A.303(1); 5A.403(1). The ordinance now refers to a "Rental Inspection Policy," a copy of which is attached to this cover letter for your reference. Grant an exception to the licensing requirements for owner-occupied rental property in which every unit is occupied by the owner or relatives. Affects paragraph: SA, 103(1)(x). Require driveways and parking areas to be plowed in winter. Affects paragraph: 5A.208(1)(j). Note that our intent is to enforce this on a complaint basis only. Add certain provisions of the Minnesota Uniform Fire Code to allow them to be enforced on one- and two-family rental dwellings. Affects paragraphs: 5A.202(1)(e) - Solid core doors required; 5A.209(1)(a) - smoke detectors on each level; 5A.209(1)(d) - Combustible storage in equipment rooms prohibited. Clean up inconsistencies in eodc language. These changes are minimal in nature. Following is a list of types of changes being made with specific paragraph references in some cases. Code would be called the Residential Maintenance Code instead of Housing Maintenance Code. All references are changed. Added the word "rental" in paragraph 5A. 101 (1)(c). Minor definition changes affecting paragraphs 5A. 103 (1)(b), (o), (p). Paragraph renumbering to maintain alphabetical listing of definitions affects paragraphs 5A. 103(1)(f) through (p). Housing Maintenance Officer is agent of City Manager to enforce this part of code. All references to this position have been made consistent with this title. Paragraph 5A.207(1)(b)(3) formerly required dead vegetation to be removed. Now allowing it to be replaced or removed at the property owner's option. Tighten time allowed for repair of violations. Paragraph 5A. 304(1 )(c) and "Rental Inspection Policy" Removed several documentation requirements for rental license application. Paragraph 5A.402(1)(b)(3) - Legal description no longer required. Also no longer require the number of toilet & bath facilities or description of exterior construction of building. Landlord training requirement removed. Paragraph 5A.407)(1). Requirement has not been enforced since at least 1995. Constitutionality changes as recommended by the judge in Rozman v. City of Columbia Heights and ,4rmstrong v. City of Columbia Heights. Affects paragraph: 5A.603. RECOMMENDED MOTION: Move to waive the reading of Ordinance #1395, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Ordinance #1395. COUNCIL ACTION: , Columbia Heights Fire Department POLICY Subject: Rental Inspection Policy Number: 99-4 Eff,.~ve: AuguSt 26; 1999 Date: June 9, 1999 Affects: All Rental Housing Inspection and ffice staff Re-Evaluation Due: August, 2001 PURPOSE This policy is intended to guide the administration and scheduling of Rental Licensing inspections. POLICY It shall be the policy ofthe City of Col~bia Heights to conduct Rental License inspections acoording tO-the procedures outlined in this document and in accordance with Chapter. 5A of the City .Code, as. amended. SCOPE ' Thi~. policy affects both-:°ffice staff and inspection staff assigned to the Rental Licensing p[ogram. ,~ , ~ROCEDURE 1}'~ ~Houm for conducting inspections shall be Monday through Friday, 9:00 am-11:00 am and 1 :$0 pm-4:30 pm. Rental Licensing inspections shall be conducted annually for the exterior of all rental dwellings and for the interior common areas of all residential rental Page 1 of 3 ./ properties with three or more units. This inspection shall be scheduled by office staff and conducted by inspection staff at approximately the same time of year in which the Rental License is due for renewal. Any violations found shall be corrected prior to issuance of the new Rental License. A complete intedor and exterior inspection of all residential rental properties shall be conducted bi-annually. The complete inspection shall involve ali residential units, any intedor common areas and the extedor of the property. This inspection shall be scheduled by the property owner with office staff after receiving notice from the Rental Licensing office. The ~ce shall be sent to the property owner by office staff along with the .ennual relicensing application forms. Any violations found shall be corrected prior to issuance~Of the. new Rental License, The property identification number will be used to determine the year in which properties receive complete inspections. Properties which have an even property ID number will have complete inspections during even numbered years. Properties which have an odd property ID number ~.1 have complete inspections during odd numbered years. ..: When violations are found by inspectors, the property owner shall be given reasonable time to correct the violations. Following is the schedule to be used by the Rental Licensing office'. Type of Violation ~.:. .Time to l*t Time to 2~ Time to Final · '" ~;i Re-Inspection Re-Inspection Re-Inspection Heating Problems . ' 24 hours Citation Missing or Inoperable..-~e 24 hours Citation~ Detector - '%. ' ' Standard Vio!ations· '·' 30 days 15 days 10 days safety PriorJtYviolation~ Violatk~rls '.' (~ ?nfficant life 10 days Citation Notes:~i~ ~Citation foraCniSsing or inoperable smoke detectors shall be given to tenant if owner has providiKI proper ewdence to our office that smoke detector was provided by property owner and was present and operational prior to our inspection. ~Extensions may be granted by the Rental Licensing office upon request of property owner. See extension procedure below. Extensions to the violation correction schedule above may be granted by the Page 2 of 3 inspection staff, office staff or the Housing Enforcement Officer subject to the following guidelines. Ae Fire'Chief days. Seasonal extensions for exterior work which cannot be completed during cold weather. Extension may be granted to no later than June I of the following year. Examples include exterior painting, concrete Or asphalt work, landscaping or other work with soil which is f[Ozen.,~ntractors are normally able to complete structural work.~such as. ~iding ~placement or repairs during winter months; no extension generally will be given for these types of violations. Requests for extensions received fo~'standard Violations ~an be granted routinely by inspection staff or office'$taff for up to a maximum of twice the length of time normally allowed by the schedule. Any length of time longer than this requires the approval of the Housing Enforcement Officer. Extensions are not granted for violations involv~ing missing or inoperable smoke detectors. Extensions involving heating violations (unable to maintain 70 degrees) require the approval of the Housing Maintenance Officer. Generally the property owner will be granted reasonable extensions provided that significant efforts are being made by the property owner to comply and circumstances ~,l?eyond the,. control of the property owner exist, Extensions'f°r ~riority violations involving the life safety of occupants of -the rental, property requir~ ~e approval of the Housing Enforcement Officer and g. enerally will be granted for periods of time no longer than 10 Date Page 3 of 3 ORDINANCE NO. 1395 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, 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, which reads as follows, to wit: Chapter 5A Article I HOUSING MAINTENANCE CODE General Provisions Section 1: 5A.101(1) (a) (b) (c) (d) (e) (f) 5A.101(2) 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. With respect to disputes between landlords and tenants, and except as otherwise specifically provided by terms of this Ordinance, the City Council Section 2: 5A.102(1) Section 3: 5A. 103(1) (a) (b) (c) (d) (e) will not intrude upon the accepted contractual relationships between landlords and tenants. The City Council will not intervene as an advocate of either party, nor will it act as an arbiter, nor will it be receptive to complaints from landlords or tenants which are not specifically and clearly relevant to the provisions of this Code. In the absence of such releVancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of City government. In enacting this Code, the Council does not intend to interfere or permit interference with legal rights to personal privacy. Applicability This Code establishes minimum standards for maintaining dwellings, accessory structures and premises. This Code is intended to provide standards for housing. Applicable requirements shall apply to all apartment units, homes, accessory structures, rooming houses, lodging and/or boarding houses and house trailers used or intended for use for human habitation. Definitions The following definitions shall apply in the interpretation and enforcement of this Code, to wit; 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. 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 orere intended to be used for living, sleeping, cooking or eating. Approved. An indication that an item meets construction, installation, and maintenance standards of the State of Minnesota and of this Code. 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. Building. Any structure having a roof which may provide shelter or enclosure for persons, animals, or chaffels, and, when said structure is divided by party walls without openings, each portion of such building so (i) O) (k) (i) (m) (n) (o) (P) (q) (r) separated shall be deemed a separate building. Building official. Agent designated by the City Manager to enforce provisions of the Housing Maintenance Code. Clean. The absence of rubbish, garbage, vermin or other unsightly, offensive or extraneous matter. Dwelling. A structure or portion thereof designed exclusively for residential occupancy, including boarding and lodging houses, but not including hotels and motels. Dwelling Unit. Dwelling unit has the same meaning as apartment unit (within this Code). Exit. A continuous and unobstructed means of egress to a public way and shall include intervening doors, doorways, corridors, ramps, stairways, smoke-proof enclosures, horizontal exits, exit passageways, exit courts and yards. Family. An individual, or two or more persons each related by blood, marriage, adoption, or foster children, living together as a single housekeeping unit; or a group of not more than four persons not so related, maintaining a common household and using common cooking and kitchen facilities. Functioning. In such physical condition as to safely perform the service or services for which an item is designed or intended. Garbage. Garbage is defined in 5.605(2)(a). Habitable. A dwelling unit or part thereof that meets minimum standards for use as a home or place of abode by one or mere persons. Hot Water. Water heated to a temperature of not less than 110 degrees Fahrenheit, measured at faucet outlet. Housing Code. Section 5A of this Code together with the Uniform Housing Code, 1985 Edition, Intemational Conference of Building Officials. Infestation. The presence within or around a dwelling or dwelling unit of any insect, rodent, vermin or other pest. Kitchen. A habitable room within a dwelling unit intended to be used for the cooking of food or preparation of meals. (s) (t) (u) (v) (w) (x) (Y) (z) (aa) (bb) (cc) Occupant. Any person (including owner or operator) living, sleeping, cooking or eating within a dwelling unit. 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. Person. Any'individual, firm, partnership, association, corporation, company or a joint venture or organization of any kind. 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. 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. 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. 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. Rodent Harborage. A place .where rodents commonly live, nest, or establish their habitat. Replace or Replaoement. '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. 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. Rubbish. Rubbish is defined in 55.605(2) (b) of this City Code. (dd) (ee) (gg) (hh) 5A.103(2) Article II Section 1: 5A.201(1) (a) (b) Safe. The condition of being free from danger and hazards which may cause accidents or disease. 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. Unsanitary. Conditions which are dangerous or hazardous to the health of persons. 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. 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." Minimum Standards Baaic Equipment and Facilities 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; 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. 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 Iound construction covered with surfaces that are easily cleaneble and that will not impart any toxic or deleterious effect to food. (c) (d) (e) (f) (g) 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 propedy installed with all necessary connections for safe, sanitary and efficient operation. Such stove or refrigerator need not be installed when a dwelling unit is not occupied and when the occupant is required to provide a stove or refrigerator on occupancy. If the occupant is required to furnish a stove or refrigerator, sufficient space and adequate functioning connections for the installation and operation of the stove and refrigerator must exist. Toilet FaCilities. Every dwelling unit shall contain a nonhabitable room which is equipped with a flush water closet in compliance with §6.201(1 ). Such room shall have an entrance door which affords privacy. Said flush water closet shall be equipped with easily cleanable surfaces, shall be connected to an approved water system that at all times provides an adequate amount of running water under pressure to cause the water closet to be properly functioning, and shall be connected to the City sewer system. Lavatory Sink. Every dwelling unit shall contain a lavatory sink. Said lavatory sink may be in the same room as the flush water closet, or, if located in another room, the lavatory, sink ahall 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 propedy 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. 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, end 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 eat 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 end maintained in good condition. No flight of stairs shall have (h) (i (J) 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 roffing, loose or deteriorating supports. The treads and risers of every flight of stairs, except spiral or winding stairways, shall be essentially uniform in width and height. Stairways shall be capable of supporting a live load or one hundred (100) pounds per square foot of horizontal projection. Access to Dwelling Unit. Access to or egress from each dwelling unit shall be provided without passing through any other dwelling unit. All buildings and/or maintenance improvements inspected pursuant to Chapter SA, the Housing Maintenance Code, shall be judged and inspected in accordance with the applicable Uniform Building Code and Uniform Fire Code, as follows: (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. Ail devices or safeguards which are required by the Code shall be maintained in conformance with the code edition under which installed. Ail 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: 5A.202(1) (.) Door and Window Locka No person ahall 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 ere equipped with safe and functioning door and window locks which comply with the following requirernent~, to wit: 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 doom leading from the hallways Into individual dwelling (b) (c) Section 3: 5A.203(1) (a) (b) (c) 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 outs!de of the building entrance doors. Building entrance door-latches shall bc of the type that are permanently locked. An approved lock box wiff building entry key, boiler room key, laundry and common area keys, ~11 marked individually accessible to the Fire Department must be pro 'ided for access to the building. The enumerated keys must be present i:3 the lock box at all times. A communication system or device such as an intercom, telephone, audible bell or buzzer or other approved means or making contact with the tenants must be provided. Every door that provides ingress or egress for a dwelling unit within a multiple family unit shall b~ equipped with an approved lock that has a dead locking bolt that cam;ot be retracted by end pressure; provided, however, that such doors snail be openable from the inside without the use of a key or any special knowledge or effort. All ingress, egress and interior doors shall be kept free of holes and/or punctures. Light, Ventilation, and Elec:ric No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwell;rig unit for the purpose of living, sleeping, cooking, or eating therein which does not comply with the following requirements, to wit: Habitable Room Ventilation. Every habitable room shall have at least one window facing directly outdoors which can be easily opened unless the room contains, in lieu thereof, ancther device affording ventilation which has been approved by the Builcling 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 mom or four (4) square feet. Sleeping Room Egress. Sleeping rc:)ms in buildings existing prior to this code must have window or door op{,tings for egress of no less than four (4) square feet or the minimum size r¢:luired by the Building Code in effect when the dwelling was constructed. ',.;pace that is added on or converted to sleeping rooms must meet the applicable codes at the time of conversion for habitable rooms and provide · means of egress with openable area of no less than 5.7 square feet. 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 (d) square feet, except that no windows shall be required if such moms are equipped with a functioning ventilation system which is approved by the Building Official. Electrical Service, Outlets, and FixturEs. Every dwelling unit and all public and common areas shall be supplied with functioning electrical service, functioning over current protection devices, functioning electrical outlets, and functioning electrical fixtures which are propedy 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 mom 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 ceilin=3 or wall type light fixture may be substituted for one required electric outlet. (4) Every water closet compartment, bathroom, kitchen, laundry mom, and furnace mom shall contain at least one supplied ceiling or wall type electric light flxtt~re, and every bathroom, kitchen, and laundry room shall contain at least one electric convenience outlet. (s) Every public hall a.3cl stairway in every rental dwelling shall be effectively Buminet,~d by natural or electric light at all times. In ·tmctures containing not more than two dwelling units, conveniently located functionirg light ~witches controlling an adequate functioning lighting: system which may be turned on when needed may be substitute(] for full-time lighting. 5A.204(1) Minimum Thermal Stlr~dardt No person ahall 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 then~in unless such dwelling or dwelling unit shall have heating facilities whicl, are properly installed and maintained in safe and functioning condition, which are capable of safely heating all habitable rooms, bathrooms ar~.d water closet compartments in every dwelling unit (a) (b) (c) (d) Section 5: 5^.205(1) (a) (b) 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: 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. 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. 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. No owner shall supply portable electric heaters to comply with this § 5.204(1). Foundation, Exterior Walls, and Roofs 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 oooking therein which does not comply with the following requirements, to-wit; The foundation, exterior walls and exterior roof shall be water tight and protected against vermin and rodents and shall be kept in sound condition and repair. The foundation element shall adequately support the building at all points. Every exterior wall shall be free of structural deterioration or any other condition which might admit rain or dampness to the interior portion of the walls or to the interior spaces of the dwelling. The roof shall be tight and have no defects which admit rein or roof drainage end shall be adequate to prevent rain water from causing dampness in the walls. All exterior surfaces, other than decay resistant materials, shall be covered by paint or other protective covering or treatment which protects the exterior surfaces from elements and decay in a functioning manner. If 25% or more of the total extedor surface of the pointing of any brick, block or stone wall is loose or has fallen out, the surface shall be protected as heretofore provided. Windows, Doors and Screens. Every window, exterior door and hatchway shall be tight and shall be kept in repair. Every window other than fixed window shall be capable of being easily opened and shall be equipped with screens between May 1 and September 30, inclusive, of each year. (c) (d) (e) (g) (h) ~ection 6: 5A.206(1) Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction as to completely exclude rein, vermin, rodents, and insects from entering the building. Floors, Interior Walls and Ceilings. Every floor, interior wall and ceiling shall be protected against the passage and harborage of vermin and rodents and shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or rotted flooring materials. Every interior wall and ceiling shall be maintained in a tight weatherproof condition and may not be covered wholly or partially by toxic paint or materials with a lasting toxic effect. Every toilet room and bathroom floor surface shall be capable of being easily maintained in a clean state. Rodent Proof. Each part of every dwelling shall be rodent resistant. All openings in exterior walls, foundations, basements, ground or first floors or roofs which have an opening of ½" 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. 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 es paint or other preservatives. Safe Building Elements. Every foundation, roof, floor, exterior wall, interior wall, ceiling, Inside ~tair, outside ~mir, porch, balcony and every appurtenance to each of the foregoing shall be oaf · to use and capable of eupporting normal structural loads. Facilities to Function. All equipment, utilities, chimney end flue required under City Code shall function effectively in · safe, sound end working condition. M~xlmum Deneity end Minimum 81moe for Rental Unitl No person shell rent or let to another for occupancy any rental dwelling for the purpose of living, ~leeping, eating or cooking therein which does not comply with the following requirements, to-wit: (a Permissible OcmJpancy of Dwelling Unit. The maximum permissible 5A.206(2) Section 7: 5A.207(1) (a) (b) occupancy of any rental dwelling unit shall be determined as follows: (1) For the first occupant, 150 square habitable room floor space and for every additional occupant thereof, at least 100 square feet of habitable room floOr space. (2) In no event shall the total number of occupants exceed two times the number of habitable rooms, less kitChen, in the dwelling unit. No person shall occupy as an owner-occupant or let to another for occupancy any dwelli.ng unit for occupancy by more than one family, other than for temporary guests. Screening and Landscaping 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 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-street parking areas, loading areas, service and utility areas, and mechanical equipment. Every yard of any premises on which a dwelling or dwelling unit is located shall have installed and maintained landscaping in accordance with the provisions of this section. (c) (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 fight-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 I1, Section 3 of the Columbia Heights City Code, which is incorporated herein by reference. General Screening. All loading, service utility, mechanical equipment, and outdoor ~*,~)rage 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. Ail 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 lcreaned 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 Iix (6) feet in height. Hedge materials must be st least three (3) feet in height, and trees must be at least six (6) feat 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 (d) (e) (g) Section 8: 5A.208(1) (a) (b) (c) (d) (e) such to achieve seventy-five (75) percent capacity year-round. Other Parking Lot Screening. All parking lots for dwellings of three (3) or more units which are not required to be screened pursuant to §5A.207(1 )(c) must either proVide screening pursuant to §5A.207 (1).(c) or provide a minimum on one deciduous tree for every forty-five (45) feet or portion thereof of parking lot perimeter planted adjacent to the nearest roadway abutting the property on which the parking lot is located. 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. Variances under §5A.207 shall be enforced and administered in accordance with §5A.208(2). Exterior Parking, Pedestrian Walkwaye and Lighting. No person shall occupy as an owner-occupant or let to another for occupancy and dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which is located on premises which does not comply with the following requirements, to-wit: Required off-street parking as defined in Section 9.116(4) of the City Code. Additionally, any building or structure in existence upon the effective date of this Ordinance which does not currently comply with the parking requirements of Section .9.116(4), but does have the necessary space to provide the required parking shall be required to expand the provided parking in accordance with the Code by July 1, 1998. The required parking space must have a minimum width of 9 feet and a minimum length of 20 feet. All required parking spaces must be surfaced with asphalt or concrete. Curb guards and/or guardrails must be provided for parking spaces situated above retaining walls. An unobstructed path must be provided between parking areas and the dwelling unit. (g) (h) (i) 5A.208 (2) Section 9: 5A.209 (1) (a) (b) 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. Fire Safety No person shall occupy as an owner-occupant or let to another for occupancy end 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 ahell be provided with smoke detectors conforming to U.B.C. Standard No. 43-6. Detectors shell 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 shell be placed at the center of the ceiling directly above the steinvay. All detectors ahall be located in accordance with approved manufacturer's instructions. When actuated, the detector Ihall 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 ~witch other than those required for over current protection. (c) Section 10: 5A.210(1) Section 11: 5A.211(1) 5A.211(2) 5A.211(3) 5A.211(4) 5A.211(5) 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. Discontinuance of Service or Facilities. No owner, operator or occupant shall cause any service, facility equipment or utility which is required under this Ordinance to be removed from or shut off from or discontinued for any occupied dwelling or dwelling unit except for temporary interruptions as may be necessary while actual repairs or alterations are made or during temporary emergenCies. Public Health and Safety Rodent Harborages Prohibited in Occupied Areas. No occupant of a dwelling or dwelling unit shall accumulate boxes, lumber, scrap metal, or any other similar materials in such a manner that may provide a rodent harborage in or about any dwelling or dwelling unit. Rodent Harborages Prohibited in Public Areas. No owner of a dwelling containing two or more dwelling units shall accumulate or permit the accumulation of boxes, lumber, scrap metal or any other similar materials in such a manner that may provide a rodent harborage in or about shared or public areas of a dwelling or its premises. Prevention of Food for Rodents. No owner or occupant of a dwelling or dwelling unit shall store, place, or allow to accumulate any materials that may serve as food for rodents in a site accessible to rodents. Sanitary Maintenance of Fixtures and Facilities. Every occupant of a dwelling unit Shall keep ell 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 parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner. If the problem persists proof of professional extermination shall be supplied to the inspections officer upon request. 5A.211(6) Garbage, Rubbish, and Recyclable Materials. Garbage, rubbish and recyclable materials shall be regulated in accordance with Chapter 8, Article III of the Columbia Heights City Code, which is incorporated herein by reference. ARTICLE III InsPection and Enforcement Section 1: Enforcement and Inspection Authority 5A.301(1) The City Manager and his/her designated agents shall be the Enforcement Official who shall administer and enforce the provisions of the Ordinance. Inspections shall be conducted during reasonable hours, and, upon request the Enforcement Official shall present evidence of his/her official capacity to the owner, occupant or person in charge of a dwelling unit sought to be inspected. Section 2: Inspection Acceas 5A.302 (1) If an owner, occupant or other person in charge of a dwelling, dwelling unit or of a multiple dwelling fails or refuses to permit free access and entry to the structure or premises, or any part thereof, for an inspe~on 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 ~earch warrant from court of competent jurisdiction. Section 3: Inspeotions 5A.303 (1) Each dwelling or multiple dwelling which is the subject of a rental license shall be inspected at least once annually, subject to ~ection 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 pest 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 (b) Section 4: 5A.304(1) (a) (b) (c) (d Orders by the Inspection Department or Enforcement Officer of the City of Columbia Heights; or 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 oc.-.ur, the City Inspections Department will notify the landlord, in writing, t '~at the landlord will be hence forth required to have the building inspe-.ted upon each tenant occupancy change. It will also be the responsi .,ility of the landlord to provide a list of current occupants and a 72 h~cr 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. Compliance Order 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 Ord(~r shall: Be in writing; Describe the location and nature of the violations of this Code; Establish a reasonable time not greater than 6 months for the correction of such violation and advise the person to whom the notice is directed of the fight to appeal; and 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 therecf is: (1) Served upon him/her personally, (2) Sent by certified mail return receipt requested to his/her last known address, or, 5A.3o4(2) Section 5: - 5A.30S(1) Section 6: 5^.306(1) Section 7: 5A.307(1) Article IV (3) Upon failL're 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. Upon correction of all Housing Maintenance Code violations as set forth in the Compliance Order, the City Inspections Department shall, upon request of th,~ owner or landlord, issue a written statement that all violations have been corrected in accordance with the Columbia Heights Housing Mair, tenance Code. Posting to F revent Occupancy The Enforc~Jment Official may post any building or structure covered by this ordinaPce 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 mede. 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. Right of Appeal Whe ~ a person to whom a Compliance Order is directed alleges that such Corr,pliance Order is based upon erroneous interpretation of the Ordnance or upon a misstatement or mistake of fact, such person may appeal as set forts in §6.202(1). Bc)ard of Appeals Upon at least five (5) business days notice to the appellant of the time and ptace for heating 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 menner 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, Intamational Conference of Building Officials. Licensing Section 1: License Required 5A.401(1) Section 2: 5A.402(1) (a) (b 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 ~.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. 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. (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. (5) The number of toilet and bath facilities shared by the occupants of two or more dwelling units. (s) A description of the type of construction of the exterior of the building. (7) The number of paved off-street parking spaces available. (c) Section 3: 5A.403(1) Section 4: 5A.404(1) 5A.404(2) Section 5: 5A.405(1 ) (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). Failure to complete, in full, the required license application shall be grounds for denial of the license. Application and Inspection Upon receipt of a properly executed application for a rental housing license, the City Manager shall cause an inspection to be made of the premises to insure that the structure is in compliance with the requirement of the Code. Issuance of Rental Housing License If the rental dwelling is in compliance with the requirements of the Code, a license shall be issued to the present owner, occupant or agent shall state that the structure has been inspected and is in compliance with the requirements of the Code. The present owner or any agent designated by the present owner or occupant shall obtain a license. If the City finds that the circumstances of occupancy following the issuance of the license involve possible Code violations, substandard maintenance or abnormal wear and tear, the City may again inspect the premises during the licensing period. The City may by Council resolution establish a reinspection fee. If a dwelling unit is not currently licensed, no license may be issued until all outltanding 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. Lioenae Display A license issued under this Chapter shall be conspicuously displayed on Section 6: SA.406(1) Section 7: 5A.407(1) (a) (b) (c) (d) the rental premises wherever feasible. The licensee shall promptly produce the license upon demand or a prospective tenant or the Building Official or his/her authorized representative. License Transfer The license is transferable upon application to the Building Official and payment of the license transfer fee by the prospective owner if the licensed premises is in compliance with the Code. The license shall terminate if renewal or application for transfer is not made within 30 days after transfer of ownership of the dwelling unit. The amount of the transfer shall be set by resolution of the Council. License Renewal All rental licenses shall be effective for a period of one year. However, renewal of licenses, as required annually by this Code, may be made by: Completing the renewal form furnished to the owner, operator, or agent of the rental dwelling, by the City Inspection Department, and Attendance by the landlord or property manager at three or more hours of continuing education relevant to the operation or management of rental property during the last year. The City Council shall set by resolution, the types of continuing education meeting this requirement; and Mailing the renewal form together with proof of completion of three hours of training and the required registration fee to the City Inspection Department, and 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: 5A.408(1) Suspen~ion or Revor~flon 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 5A.408(2) (a) (b) (c) 5A.408(3) SA.408(4) 8action 9: 5A.409( 1 ) Section 10: 5A.410 (1) (a) (b) obtaining an initial license. 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: 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. 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. 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. 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 ahowing of cause for revocation, suspension, or other action restricting the privileges of a licensee as the council may determine. 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. Licenee Feea License fees, inspection fees, and reinspection fees shall be established by Council resolution. Conduct on Ur, ended Premb, ea It shall be the responsibility of the licensee to take appropriate action following conduct by persons occupying the premises which is determined to be disorderly, in violation of any of the following statutes or ordinances: MN Stat. §609.75 through 609.76, which prohibit gambling; MN Stat. ~09.321 through 609.324 which prohibit prostitution and acts (c) (d) (e) (f) (g) (h) (J) (k) 5A.410(2) 5A.410(3) 5A.410(4) relating thereto; MN Stat. § 1 52.01 through 152.025, end § 1 52.027, subds. I and 2, which prohibit the unlawful sale or possession of controlled substances; MN Stat. §340A.401, which prohibits the unlawful sale of alCOholic beverages; MN Stat. §609.33, which prohibits owning, leasing, operating, managing, maintaining, or conducting a disorderly house or inviting or attempting to invite others to visit or remain in a disorderly house; Section 10.312 of this COde, which prohibits noisy assemblies; MN Stat. §97B.021, 97B.045, 609.66 through 609.67 and 624.712 through 624.716, and section 10.307 of this code, which prohibit the unlawful possession, transportation, sale or use of a weapon; or MN Stat. §609.72, which prohibits disorderly conduct. MN Stat. §609.221 through 609.224, whiCh prohibits assaults, including domestic assault as defined in MN Stat. § 518B.01. Violation of laws relating to contributing to need for protection or services or delinquency of a minor as defined in MN Stat. §260.315. Section 8.201 et al. Of this Ordinance which relates to animal noises and public nuisances. The Police Chief (Department) shall be responsible for enforcement and administration of this section. Upon determination by the Police Chief (Department) that a licensed premises was used in · diSOrderly manner, as desCribed in section (1), the Police Chief (Department) shall notify the licensee by mail of the violation and direct the licensee to take steps to Prevent fUrther violations. If another instance of disorderly use of the licensed premises occurs within three (3) months of an incident for which a notice in subsection (3) was given, the Police Chief (Department) Shell 'notify the licensee by mail of the violation and ahall also require the licensee to submit a written report of the actions taken, and prO~sed to ~ 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 ahall 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 et 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 ~uch 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: Hazardoua Building Declaration 5A.501(1) In the event that a dwelling has been declared unfit for human habitation and the owner has not remedied the effects wtthin a prescribed reasonable time, the dwelling may be declared a hazardous building and treated in accordance with the provisions of Minnesota Statutes. Section 2: Secure Unfit and vacated Dwellings 5A.502(1) Section 3: 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. Failure to Comply 5A.503(1) Upon failure to comply with a Compliance order within the time set therein, and no appeal having been taken, or upon failure to comply with a modified Compliance Order within the time set therein, the criminal penalty established hereunder notwithstanding, the City Council, 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 SA, Article II (§5A.201, et. seq.), maintenance standard. 5A.602 No person, firm or corporation shall operate a rental dwelling or dwelling unit without a license issued pursuant to this Chapter or accept rental payments from a tenant of any unlicensed dwelling or dwelling unit which 5A.603 5A.604 5A.605 5A.606 5A.607 5A.608 5A.609 5A.610 5A.611 payment is for occupan~y 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 Building Official to enter a dwelling or unit 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 II (§5A.201, et. seq.), normal wear and tear excepted. No person shall occupy an unlicensed dwelling or dwelling unit if such dwelling unit is required to be licensed under this Chapter. 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. No person may occupy a dwelling or property posted pursuant to §5A.304. 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. 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 laid 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 s violation exists shall con~flt~,e a laperate offense. Shall hereafter read as follows, to wit: Chapter SA Article I RESIDENTIAL MAINTENANCE CODE General Provisions Section 1: 5A. 101(1) (a) (b) (c) (d) (e) (f) 5A.101(2) 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 an:l for light and ventilation necessary to protect the health and safety of occupants of building; To prevent the overcrowding of rental dwellings; To provide minimum standards for the maintenance of existing residential buildings and to thus Prevent substandard housing and blight; To preserve the value of land and buildings throughout the city. With respect to disputes between landlords and tenants, and except as otherwise specifically provided by terms of this O~inance, 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 ara available to them without the intervention of City govemrnent. In enacting this Code, the Council does not intend to interfere or permit interference with legal rights to personal privacy. Section 2: Applicability 5A.102(1) Secticn 3: 5A. 103(1) (a) (b) (c) (d) (e) (g) (h) 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. Definitions The following definitions shall apply in the interpretation and enforcement of this Code, to wit; 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. 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. Approved. An indication that an item meets construction, installation, and maintenance standards of the State of Minnesota and of this Code. 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. Building. Any structure having a roof which may provide shelter or enclosure for persons, animals, or chattels, end, when said structure is divided by party walls without openings, each portion of such building so separated shall be deemed a separate building. Clean. The absence of rubbish, garbage, vermin or other unsightly, offensive or extraneous matter. Dwelling. A stnJcture or portion thereof designed exclusively for residential occupancy, Including boarding and lodging houses, but not including hotels and motels. Dwelling Unit. Dwelling unit has the same meaning as apartment unit (within this Code). (i) 0) (k) (m) (n) (o) (p) (q) (r) (s) (t) Exit. A continuous and unobstructed means of egress to a public way and shall include intervening doors, doorways, corridors, ramps, stairways, smoke-proof enclosures, horizontal exits, exit passageways, exit courts and yards. Family. An individual, or two or more persons each related by blood, marriage, adoption, or foster children, living together as a single housekeeping unit; or a group of not more than four persons not so related, maintaining a common household and using common cooking and kitchen facilities. FunctiOning. In such* physical condition as to safely perform the service or services for which an item is designed or intended. Garbage. Garbage is defined in 5.605(2)(a). Habitable. A dwelling unit or part thereof that meets minimum standards for use as a home or place of abode by one or more persons. Hot Water. Water heated to a temperature of not less than 110 degrees Fahrenheit, measured at faucet outlet. Housing Code. Section 5A of this Code together with the Uniform Housing Code, 1985 Edition, as amended, International Conference of Building Officials. Housing Enforcement Officer. Agent designated by the City Manager to enforce provisions of the Residential Maintenance Code. Infestation. The presence within or around a dwelling or dwelling unit of any insect, rodent, vermin or other pest. Kitchen. A habitable room within a dwelling unit intended to be used for the cooking of food or preparation of meals. Occupant. Any person (including owner or operator) living, sleeping, cooking or eating within a dwelling unit. 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 t~stee 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 (u) (v) (w) (x) (y) (z) (aa) (bb) (cc) (dd) (ee) purposes of this Code. Person. Any individual, firm, partnership, association, corporation, company or a joint venture or organization of any kind. 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. 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. 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 related to the owner by blood, marriage, or adoption. Rental dwellings for purposes of this Code do not include hotels, motels, hospitals or homes for the aged. 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. Rodent Harborage. A place where rodents commonly live, nest, or establish their habitat. 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. 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. Rubbish. Rubbish is defined in 55.605(2) (b) of this City Code. Safe. The condition of being free from danger and hazards which may cause accidents or disease. 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. (fO (gg) (hh) 5A.103(2) Article II Section 1: 5A.201(1) (a) (b) (c) Unsafe. As applied to a structure, a condition or a combination of conditions which are dangerous or hazardous to persons or property. Unsanitary. Conditions which are dangerous or hazardous to the health of persons. 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. 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." Minimum Standards Basic Equipment and Facilities 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; Kitchen Sink. Each dwelling unit must contain a kitchen sink in good working condition and propedy 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. 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 cleenable and that will not impart any toxic or deleterious effect to food. 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) (e) (f) (g) (h) Toilet Facilities. Every dwelling unit shall contain a nonhabitable room which is equipped with a flush water closet in compliance with §6.201(1). Such room shall have an entrance door which affords privacy. Said flush water closet shall be equipped with easily cleanable surfaces, shall be connected to an approved water system that at all times provides an adequate amount of running water under pressure to cause the water closet to be properly functioning, and shall be connected to the City sewer system. Lavatory Sink. Every dwelling unit shall contain a lavatory sink. Said lavatory sink may be in the same room as the flush water closet, or, if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which said water closet is located. The lavatory sink shall be in good working and functioning condition, shall be properly connected to an approved water system, shall provide at all times an adequate amount of heated and unheated running water under pressure, and shall be connected to the City sewer system. Bathtub or Shower. Every dwelling unit shall contain a nonhabitable room which is equipped with a bathtub or shower in good working condition. Such room shall have an entrance door which affords privacy. A bathtub or shower shall be properly connected to an approved water supply system, shall provide at all times an adequate amount of heated and unheated water under pressure, and shall be connected to the City sewer system. Stairways, Porches and Balconies. Every stairway or flight of stairs, whether inside or outside of a dwelling, and every porch or balcony shall be kept in safe condition, sound repair, and free of deterioration. Every stairwell and every flight of stairs which is four risers or more high shall have handrails which conform to the standards set forth in §6.201(1). Every porch, balcony or deck which is more than thirty (30) inches high shall have a guardrail located at least thirty, six (36) inches above the floor of the porch or balcony. Every handrail and guardrail shall be firmly fastened and maintained in good condition. No flight of stairs shall have settled out of its intended position or have pulled away from the supporting or adjacent structures enough to cause a hazard. No flight of stairs may have rotting, loose or deteriorating supports. The treads and risers of every flight of stairs, except spiral or winding stairways, shall be essentially uniform in width and height. Stairways shall be capable of supporting a live load or one hundred (100) pounds per square foot of horizontal projection. Access to Dwelling Unit. Access to or egress from each dwelling unit shall be provided without passing through any other dwelling unit. (i) 0) 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: 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. All repairs, replacements or maintenance to the structure or dwelling unit shall be installed or made so as to lbs compatible with the surrounding building materials and general appearance of the existing area. Section 2: 5A.202(1) (a) Door and Window Locks 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: 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 sham 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 tlie type that are perrnanenfly 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 (b) (c) Section 3: 5A.203(1 ) (a) (b) O) (d) provided. Every door that provides ingress or egress for a dwelling unit within a multiple family unit shall be equipped with an approved lock that has a dead locking bolt that cannot be retracted by end pressure; provided, however, that such doors shall be openable from the inside without the use of a key or any special knowledge or effort. 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. Light, Ventilation, and Electric No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, cooking, or eating therein which does not comply with the following requirements, to wit: Habitable Room Ventilation. Every habitable room shall have at least one window facing directly outdoors which can be easily opened unless the room contains, in lieu thereof, another device affording ventilation which has been approved by the Building Official. The minimum total 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. 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. Nonhabitable Room Ventilation. Every bathroom, water closet compartment, laundry room, utility room, or other nonhabitable room shall contain a minimum total of openable window area of no less than 1.5 square feet, except that no windows shall be required if such moms are equipped with · functioning ventilation system which is approved by the Building Official. Electrical Service, Outlets, and Fixtures. Every dwelling unit and all public and common areas shall be supplied with functioning electrical service, functioning over current protection devices, functioning electrical outlets, and functioning electrical fixtures which are properly installed, which shall be maintained in a safe working condition and which shall be connected to a source of electric power in a manner prescribed by §6.201(1). The minimum capacity of such electric outlets and fixtures shall be as follows: (1) A dwelling containing two or more units shall have at least the equivalent or sixty (60) ampere, three-wire electric service per dwelling unit. (2) Each dwelling unit shall have a least one branch electric circuit for each six hundred (600) feet of dwelling unit floor area. (3) Every habitable room shall have at least the lessor of two floor or wall type electric convenience outlets or one such outlet for each sixty (60) square feet or fraction thereof of total floor area; provided, however, the one ceiling or wall type light fixture may be substituted for one required electric outlet. (4) Every water closet compartment, bathroom, kitchen, laundry room, and furnace room shall contain at least one supplied ceiling or wall type electric light fixture, and every bathroom, kitchen, and laundry room shall contain at least one electric convenience outlet. (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: 5A.204(1) Minimum Thermal Standard. 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 et least saventy (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 (b) (c) (d) Section 5: 5A.205(1 ) (a) (b) (c) purposes shall not be considered as heating facilities within the meaning of this section. 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. 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. No owner shall supply portable electric heaters to comply with this § 5.204(1 ). Foundation, Exterior Walls, and Roofs 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; The foundation, exterior walls and exterior roof shall be water tight and protected against vermin and rodents and shall be kept in sound condition and repair. The foundation element shall adequately support the building at all points. Every exterior wall shall be free of structural deterioration or any other condition which might admit rain or dampness to the interior portion of the walls or to the interior spaces of the dwelling. The roof shall be tight and have no defects which admit rain or roof drainage and shall be adequate to prevent rain water from causing dampness in the walls. All exterior surfaces, other than decay resistant materials, shall be covered by paint or other protective covering or treatment which protects the exterior surfaces from elements and decay in a functioning manner. If 25% or mom of the total exterior surface of the pointing of any brick, block or stone wall is loose or has fallen out, the surface shall be protected as heretofore provided. Windows, Doors and Screens. Every window, exterior door and hatchway shall be tight and shall be kept in repair. Every window other than fixed window shall be capable of being easily opened and shall be equipped with screens between May 1 and September 30, inclusive, of each year. Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction as to completely exclude rain, vermin, rodents, and insects from entering the building. Floors, Interior Walls and Ceilings. Every floor, interior wall and ceiling shall be protected against the passage and harborage of vermin and (d) (e) (f') (g) (h) Section 6: 5A.206(1) (a) rodents and shall be kept in sound condition and good repair. Every floor shall be free of 'loose, warped, protruding or rotted flooring materials. Every interior wall and ceiling shall be maintained in a tight weatherproof condition and may not be covered wholly or partially by toxic paint or materials with a lasting toxic effect. Every toilet room and bathroom floor surface shall be capable of being easily maintained in a clean state. Rodent Proof. Each part of every dwelling shall be rodent resistant. All openings in exterior walls, foundations, basements, ground or first floors or roofs which have an opening of %" 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. 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. 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. Facilities to Function. All equipment, utilities, chimney and flue required under City Code shall function effectively in a safe, sound and working condition. Maximum Density and Minimum Space for Rental Units No person shall rent or let to an~er 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: 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. 5A.206(2) Section 7: 5A.207(1) (a) (2) In lno event shall the total number of occupants exceed two times the number of habitable rooms, less kitchen, in the dwelling unit. 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. Screening and Landscaping 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 thf) requirements of this §5A.207 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-street parking areas, loading areas, service and utility areas, and mechanical equipment. Every yard of any premises on which a dwelling or dwelling unit is located shall have installed and maintained landscaping in accordance with the provisions of this section. (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 (c) (d) 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. (5) Weeds. The maintenance and upkeep of all lawns and yards shall be subject to Chapter 4, Article I1, Section 3 of the Columbia Heights City Code, which is incorporated herein by reference. General Screening. All loading, service utility, mechanical equipment, and outdoor storage areas, including dumpsters and refuse containers for dwellings of three (3) or more units shall be screened from all public roads and adjacent residential uses of property. All parking lots for dwellings of three (3) or more units if the property on which the lot is located abuts a differing land use and is not separated from the differing land use by a public street, roadway or alley shall be screened from adjacent differing land uses. Screening shall consist of any combination of the earth mounds, walls, fences, shrubs, compact evergreen trees, or dense deciduous hedge six (6) feet in height. Hedge materials must be at least three (3) feet in height, and trees must be at least six (6) feet in height at planting. The height and depth of the screening shall be consistent with the height and size of the area for which screening is required. When natural materials, such as trees or hedges, are used to meet the screening requirements of this sub-section, density and species of planting shall be such to achieve seventy-five (75) percent capacity year-round. Other Parking Lot Screening. Ail parking lots for dwellings of three (3) or more units which are not required to be screened pursuant to §5A.207(1)(c) must either provide screening pursuant to §5A.207 (1) (c) or provide a minimum on one deciduous tree for every forty-five (45) feet or (e) (g) Section 8: 5A.208(1) (a) (b) (c) (d) (e) portion thereof of parking lot perimeter planted adjacent to the nearest roadway abutting the property on which the parking lot is located. 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. Variances under §5A.207 shall be enforced and administered in accordance with §5A.208(2). Exterior Parking, Pedestrian Walkways and Lighting. No person shall occupy as an owner-occupant or let to another for occupancy and dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which is located on premises which does not comply with the following requirements, to-wit: Required off-street parking as defined in Section 9.116(4) of the City Code. Additionally, any building or structure in existence upon the effective date of this Ordinance which does not currently comply with the parking requirements of Section 9.116(4), but does have the necessary space to provide the required parking shall be required to expand the provided parking in accordance with the Code by July 1, 1998. The required parking space must have a minimum width of 9 feet and a minimum length of 20 feet. All required parking spaces must be surfaced with asphalt or concrete. Curb guards and/or guardrails must be provided for parking spaces situated above retaining walls. An unobstructed path must be provided between parking areas and the dwelling unit. Lighting must be provided for parking areas and walkways between the parking area and the dwelling unit in dwellings consisting of three (3) or more units. Lighting must be available for parking areas and walkways. Between the parking area and the dwelling unit for dwellings of two (2) or less units. (h} (i) 5A.208 (2) Section 9: 5A.209 (1) (a) (b) In dwellings of three (3) or more units, parking areas and pedestrian walkways must have a minimum light of 1 foot candle, and the maximum light at the boundary line of the premises may not exceed 3 foot candles. Driveways leading to parking areas and/or access ways to buildings must be maintained and kept in good repair. In cases of tenant Parking areas all parking stalls and driveways with access to tenant parking shall be hard surfaced with asphalt or concrete by July 1, 1998. Commercial Vehicles .and Junk Cars. Commercial Vehicles and junk cars shall be regulated in accordance with Chapter 7, Article I1, Section 5 of the Columbia Heights City Code, which is incorporated herein by reference. Driveways leading to parking areas and parking areas shall be cleared of snow within forty-eight (48) hours of the end of a snowfall in which at least three (3) inches of snow has fallen. Snow which is cleared from driveways and parking areas shall not be placed so as to block or. restrict access ways to buildings, or upon adjacent property without previous permission of the adjacent property owner. 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 end 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 st 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 (c) (d) Section 10: 5A.210(1) Section 11: 5A.211(1) 5A.211(2) 5A.211(3) 5A.211 (4) 5A.211 (5) 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. Discontinuance of Service or Facilities. No owner, operator or occupant shall cause any service, facility equipment or utility which is required under this Ordinance to be removed from or shut off from or discontinued for any occupied dwelling or dwelling unit except for temporary interruptions as may be necessary while actual repairs or alterations are made or during temporary emergencies. Public Health and Safety Rodent Harborages Prohibited in Occupied Areas. No occupant of a dwelling or dwelling unit shall accumulate boxes, lumber, scrap metal, or any other similar materials in such a manner that may provide a rodent harborage in or about any dwelling or dwelling unit. Rodent Harborages Prohibited in Public Areas. No owner of a dwelling containing two or more dwelling units shall accumulate or permit the accumulation of boxes, lumber, scrap metal or any other similar materials in such a manner that may provide a rodent harborage in or about shared or public areas of a dwelling or its premises. Prevention of Food for Rodents. No owner or occupant of a dwelling or dwelling unit shall store, place, or allow to accumulate any materials that may serve as food for rodents in a site accessible to rodents. Sanitary Maintenance of Fixtures and Facilities. Every occupant of a dwelling unit shall keep all supplied fixtures and facilities therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. Responsibility for Pest Extermination. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of vermin infestations and/or rodents on the premises. Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall 5A.211(6) 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. Garbage, Rubbish, and Recyclable Materials. Garbage, rubbish and recyclable materials shall be regulated in accordance with Chapter 8, Article III of the Columbia Heights City Code, which is incorporated herein by reference. ARTICLE III Inspection and Enforcement Section 1: Enforcement and Inspection Authority 5A.301(1) The City Manager and his/her designated agents shall be the 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 fails or refuses to permit free access and entry to the structure or premises, or any pa~t thereof, for an inspection authorized by this Ordinance, the Housing Enforcemant 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 ~earch warrant from court of competent jurisdiction. Sec.+.ion 3: Inapectiona 5A.3{. 3 (1) Each dwelling or multiple dwelling which is the subject of a rental license shall be inspected in accordance with the city's 'Rental Inspection Policy", subject to section 5A.303(2). 5A.303 (2) (a) (b) Section 4: 5A.304(1) (a) (b) (c) Inspections on individual dwelling units shall be occupancy changes under the following conditions; required for tenant 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 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-plax 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. Compliance Order 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: Be in writing; Describe the location and nature of the violations of this Code; Establish a reasonable time not greater than 4 months for the correction of such violation, except that violations which involve a seasonal hardship may be granted an additional 2 months to correct by the Housing Enforcement Officer, provided that in no case can the total time allowed for correcting said violaton be longer than 6 months; and () Advise the person to whom the notice is directed of the right to apr,eal; (e 5A.304(2) Section 5: 5A.305(1) Section 6: 5A.306(1) and 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. 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. Posting to Prevent Occupancy 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. Right of Appeal 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 Appeals 5A.307(1) Article IV Section 1: 5A.401(1) Section 2: 5A.402(1) (a) (b 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, lg85 edition, International Conference of Building Officials. Licensing .License Required No person, firm or corporation shall operate a rental dwelling in the City without having first obtained a license as hereinafter provided from the Housing Enforcement Officer. Each such license shall register annually with the City. If the license in denied, no occupancy of dwelling units then vacant or which become vacant is permitted until a license has been issued. Apartment units within an unlicensed apartment building for which a license application has been made and which units are in compliance with this Chapter 5A and with §6.202(1) may be Occupied provided that the unlicensed units within the apartment building do not create a hazard to the health and safety of persons in occupied units. License Procedures 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. Application shall be made on forms provided by the City end 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. (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. (c) Section 3: 5A.403(1) Section 4: 5A.404(1) 5A.404(2) (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). Failure to complete, in full, the required license application shall be grounds for denial of the license. Application and Inspection When required in accordance with the city's "Rental Inspection Policy" the Housing Enforcement Offioer shall cause an inspection to be made of the premises to insure that the structure is in compliance with the requirement of the Code prior to issuance of a Rental Housing License. Issuance of Rental Housing License If the rental dwelling is in compliance with the requirements of the Code, a license shall be issued to the present owner, occupant or agent shall state that the structure has been inspected and is in compliance with the requirements of the Code. The present owner or any agent designated by the present owner or occupant shall, obtain a license: If the City finds that the circumstances of occu~cy following the: issuance of the license involve possible Code violations, substandard maintenance Or abnormal wear and tear, the City may again inspect the premises during the licensing period. The City may by Council resolution establish a reinspection fee. If a dwelling unit is not currently licensed, no license may be issued until all outstanding reinspaction 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 Section 5: 5A.405(1) Section 6: 5A.406(1) Section 7: 5A.407(1 ) (a) (b) (c) period. License Display A license issued under this Chapter shall be conspicuously displayed on the rental premises wherever feasible. The licensee shall promptly produce the license upon demand or a prospective tenant or the Housing Enforcement Officer or his/her authorized representative. License Transfer 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. License Renewal All rental licenses shall be effective for a period of one year. However, renewal of licenses, as required annually by this Code, may be made by: Completing the renewal form furnished to the owner, operator, or agent of the rental dwelling, by the Housing Enforcement Officer and Mailing the renewal form and the required registration fee to the Housing Enforcement Officer, and Successful completion of the Housing Maintenance Code inspection as required by Section 5A.303 (1) of this Ordinance. Such renewal shall only be effective upon successful completion of all the above set forth requirements. Further, said renewal or registration may be made only when no change in ownership, operation, agency or type of occupancy of the rental dwelling has occurred in the last licensing year. Section 8: 5A.408(1) Suepenalon or Revocation 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) (a) (b) (c) 5A.408(3) 5A.408(4) Section 9: 5A.409(1). Section 10: 5A.410 (1) (a) (b) 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: 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. 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 ri~sulting revocation, suspension, or other action restricting the privileges of the licensee. 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. 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. Nondisclosure, misrepresentation or misstatement of a material fact in any application for a license under this chapter shall be a prima facie showing of cause for revocation, susPension, or other such action restricting the privileges of a licensee as the Council may determine. License Fees Ucense fees, insPection fees, and reinsPection fees shall be established by Council resolution. Conduct on Llceneed Premises It shall be the responsibility of the licensee to take apprOpriate action following conduct by persons occupying the premises which is determined to be disorderly, in violation of any of the following statutes or ordinances: MN Stat. §609.75 through 609.76, which prohibit gambling; MN Stat. §609.321 through 609.324 which prohibit prostitution and acts relating thereto; (c) (d) (e) (f) (g) (h) (i) (J) (k) 5A.410(2) 5A.410(3) 5A.410(4) MN Stat. { 1 52.01 through 152.025; and { I 52.027, subds. I and 2, which prohibit the unlawful sale or possession of controlled substances; MN Stat. {340A.401, which prohibits the unlawful sale of alcoholic beverages; MN Stat. {609.33, which prohibits owning, leasing, operating, managing, maintaining, or conducting a disorderly house or inviting or attempting to invite others to visit or remain in a disorderly house; Section 10.312 of this code, which prohibits noisy assemblies; MN Stat. §97B.021, 97B.045, 609.66 through 609.67 and 624.712 through 624.716, and section 10.307 of this code, which prohibit the unlawful possession, transportation, sale or use of a weapon; or MN Stat. {609.72, which prohibits disorderly conduct. MN Stat. {609.221 through 609,224, which prohibits assaults, including domestic assault as defined in MN Stat. { 518B.01. Violation of laws relating to contributing to need for protection or services or delinquency of a minor as defined in MN Stat. {260.315. Section 8.201 et al. of this Ordinance which relates to animal noises and public nuisances. The Police Chief (Department) shall be responsible for enforcement and administration of this section. Upon determination by the Police Chief (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. 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) tn 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. SA. 410(7) A determination that the licensed premises has been used in a disorderly manner as described in subsection (1) shall be mad® 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: Hazardoua Building Declaration 5A.5C)1(1) In the event that a dwelling has been declared unfit for human habitation end the owner has not remedied the effects within a prescribed reasonable time, the dwelling may be declared a hazardous building and treated in accordance with the provisions of Minnesota Statutes. Section 2: Secure Unfit and Vacated Dwellings 5A.502(1) Section 3: 5A.503(1) - Section 4: 5A.504(1) Section $: SA.S0S(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. Failure to 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. Coet Recovery The Housing Enforcement Officer shall be authorized to request reimbursement of expenses related directly to suspension or revocation of the rental license from the owner of such rental property. Those expenses which are reimbursable to the City shall include, but not be limited to staff time directly attributable to the rental license suspension or revocation action, costs of preparing notices of such action as required under this ordinance, and reasonable expenses related to delivery or posting of any and all notices subsequent to a rental license suspension or revocation until such time as the license is reinstated by action of the City Council. 5A.505(2) Any and ell expenses related to rental license suspension or revocation 5A.505(3) 5A.505(4) 5A.505(5) 5A.505(6) actions which ara charged to the property owner shall be due and payable as of the date of license revocation or Within thirty (30) days of being served notice of such charges, whichever is earlier. The Council hereby authorizes the assessment of unpaid fees, fines, charges or expenses authorized by the Residential Maintenance Code p Jrsuant to the provisions of the Columbia Heights City Charter. TI=. Clerk shall establish a separate improvement fund for the ad ~inistration of Residential Maintenance Code charges. Th~ costs related to the Residential Maintenance Code shall be certified ann Jally by the Housing Enforcement Officer to the Clerk for billing, inclc ding a statement describing the land, lots, or parcels involved and the arno .~nt chargeable to each. On o before August 1 of each year, the Clerk shall bill each property ownel of each affected lot or parcel for their portion of the charges authoT zed hereunder plus the reasonable cost of administering the billings and co action procedures. The Ckrk shall list the total unpaid charges against each separate lot or parcel ti which such charges are attributable on or before September I of each ye~:r, for Council action pursuant to the provisions of this chapter. Article VI: Penalth;s 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 ul'it, or premises in which a rental dwelling unit is located in violation o', Chapter 5A, Article II (§5A.201, et. seq.), maintenance standard. 5A.602 No person, l'irrn 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 t3r occupancy for a period during which the dwelling or dwelling unit it not license pursuant to this Chapter. 5A.603 No parson, firth, corporation or licensee shall .refuse or fail to allow the Housing Enfor~:emant Officer to e~tter a dwelling or unit pursuant to an administrative search wan'ant for the purposes of inspection when authorized by th. is Chapter. 5A.604 No parson, firm. corporation or licensee shall fail or refuse to obey a 5A.605 5A.606 5A.607 5A.608 5A.609 5A.610 5A.611 SECTION 2: 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 d,velling unit shall cause a rental dwelling, rental dwelling unit or the premis .~s on which a rental dwelling unit is located to become in violation of any of the maintenance standards set forth in Chapter SA, Article II (.~5A.201, et. seq.), normal wear and tear excepted. No person shall occupy an unlicensed dwelling or dwelling unit if such dwelling unit is required to be licensed under this Chapter. 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. No person may occupy a dwelling or property posted pumuant to §5A.304. No person, firm or corporation, including an owner, lice'~see or occupant, shall remove or tamper with a placard used for posting property pursuant to this Chapter. Any person, firm or corporation who violates or refused to comply with any of the provisions of this Chapter is guilty of a misdem{;anor, unless herein specifically noted. Upon conviction of said misdem3anor they shall be subject to a fine of not more than seven hundred dc liars ($700.00) or to imprisonment not to exceed ninety (90) days, or bcth, for each offense. Each day that a violation exists shall constitute a separate offense. This ordinance shall be in full force and effect froln and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passege: Offered by: . Seconded by: ..... Roll Call: Jo-Anne Student, Council Secretary Mayor Gary L. Peterson CITY COUNCIL LETTER AGENDA SECTION: PUI~.L I C HEARINGS NO. ITEM: Ordinance No. 1396 Amending Ordinance NO. 853, Prohibitinl~ GoinB From Alley to Alley ORIGINATING DEPARTMENT POLICE so~ BY: Thomas M. John DATE: July 14, 1999 , .Meetin[~ of July 26~ 1999 CITY MANAGER APPROVAL: BY: DATE: BACKGROUND The Columbia Heights Police Department and the Columbia Heights City Council looked at and discussed a current Minneapolis ordinance that prohibits going from alley to alley with no specific purpose or need. We discussed the primary purpose of our alleys, which is to provide limited access to abutting residential and commercial property. We have also discussed the numerous complaints we have received about speeding in our alleys and the numerous thefts from autos that have taken place over the years. ANALYSIS/CONCLUSION Currently the ordinance reads as follows: 7.204(C) No person shall drive a vehicle on any public alley, or private roadway at a speed greater than is reasonable and prudent under the circumstances and conditions, and in no event at a speed greater than ten miles per hour in an alley, or 15 miles per hour on a private roadway. Revised, it would read as follows: 7.204(C) No person shall drive a vehicle on ~ny public alley or private roadway at a speed greater than is reasonable and prudent under the circumstances and conditions, and in no event at a speed greater than ten miles per hour in an alley, or 15 miles per hour on a private roadway. No person may operate a motor vehicle on a pubhc alley unless directed to do so by a peace officer, authorized community service officer, reserve police officer, or authorized traffic control device, except abutting property owners, tenants, their guests or invitees, operating a motor vehicle in an otherwise lawful manner. This section shall not be interpreted to preclude use of alleys by the following: (1) Persons performing authorized activities on behalf of any law enforcement agency. In light of the above Council work session discussion and in order to give the Police Department another tool to use to combat speeding, theft, and burglary in our city, the Police Department was directed to write the attached ordinance prohibiting going from alley to alley in our community. RECOMMENDED MOTION: Move to waive the first reading of Ordinance 1396, there being ample copies available to the public. Move to approve Ordinance 1396, being an ordinance amending Ordinance 853 of the City Code of 1977, to prohibit traveling from alley to alley in the city of Columbia Heights. TMJ:mld 99-230 COUNCIL ACTION: ORDINANCE NO. 1396 BEING AN ORDINANCE AMENDING ORDINANCE 853, CHAPTER 7, ARTICLE 11, SECTION 7.204, (C) OF THE COLUMBIA HEIGHTS CITY CODE OF 1977 PROHIBITING MOVING OPERATIONS. Currently the ordinance reads as follows: 7.204(C) No person shall drive a vehicle on any public alley, or private roadway at a speed greater than is reasonable and prudent under the circumstances and conditions and in no event at a speed greater than ten miles per hour in an alley, or 15 miles per hour on a private roadway. Revised it would read as follows: 7.204(C) No person shall drive a vehicle on any public alley or private roadway at a speed greater than is reasonable and prudent under the circumstances and conditions, and in no event .at a speed greater than ten miles per hour in an alley, or 15 miles per hour on a private roadway. No person may operate a motor vehicle on a public alley unless directed to do so by a peace officer, authorized communi _ty service officer, reserve police officer, or authorized traffic control device, except abutting property_ owners, tenants, their guests or invitees, operating a motor vehicle in an otherwise lawful manner. This section shall not be interpreted to preclude use of alleys by the following: (1) Persons performing authorized activities on behalf of any law enforcement agency. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. Offered by: Seconded by: Roll Call: Mayor Gary Peterson Jo-Anne Student, Council Secretary First Reading: Second Reading: Date of Passage: July 12, 1999 July 26, 1999 CO ONZTZ S COXX NTS My name is Richard Berg and have owned two 11 unit buildings at 4233 & 4242 Third St. N.E. for the last 21 years. Also with me is my daughter Karen who has lived for about 20 years at 1493 Lincoln Terrace N.E. and who helped compile data for this presentation. At the last council meeting it was stated that there were ample copies of the new housing code. When Karen went to the Fire Department offices to get a copy of the new code she was told that it would cost $13.60 for tne old code as the copies for the new code were not available. I have a receipt in hand for 3 ~pages that she was able to get which is a three page summation draft of the changes. I also received a two page summary from Mr. Dana Alexon, Housing enforcement officer, but again only a summary & indicated that the whole proposed ordinance would be available, which it was not. Thus, unfortunately, I can not address the new proposed ordinance but only bits and pieces that I have received. In the three page document that we were able to get, we would like to discuss the following items: 1. "Allow the City to recover costs". What costs are you talking about. We have heard the $700.00 amount mentioned. Will this be the fee(usually a composite average is determined). I recently had my tenants received a letter from the City indicating that the building was going to be condemned. The reason was an 8 inch area of paint that was removed by the installers of new aluminum facia, underhangs, and gutters at a cost of over $10,000.00. Shortly thereafter the installation, the inspection spotted the scraped paint up near the top of the building and this resulted eventually in the condemnation of the building. There was not threat of fire or to the safety of the tenants. One of the tenants who would have been evicted is our youth worker at First Lutheran who we have given free rent to for a period of 26 months at a cost to us of over $13,000.00 but as the former chairman of the youth board, we felt a commitment to help the youth of columbia Heights. 2. "Bi-Annual inspections" should be Bi-Ennial inspections. Bi-Annual according to the dictionary is twice a year, whereas Bi-Ennial is "occurring every second year" or "an event occurring once in two years". 3. "Licensing exception for Rental Property occupied by relatives". Agree wholeheartedly. 4. "Plowed driveways and parking lots". What time constraint? Our snowplow person, comes very early the next morning and plows a large path for the cars to get out into and on their way. then, he contacts the caretakers who have to contact each tenant to move their cars. We can not force them out into the street "eh mass" as the City has a parking violation between 2 A.M. and 6 A.M., which is handled by the City on a person to person basis. ~OMMENTS ON HOUSING CODE-OTHER COMMUNITIES COMMENTS At 4233 Third St. N.E., we plow when it exceeds 2". This has to be clarified for Landlords to know the intent and procedures required to comply. Just an unhappy tenant's complaint could mean a citation for the landlord. 5. "Uniform Fire Code provisions" No comment 6. "Constitutionality". Yes, by all means as the litigation costs we have had to pay & will continue to pay are an enigma for not all the citizens of Columbia Heights but every community listed below that we contacted was concerned. RESPONSE TO QUESTIONS REGARDING NON-COMPLIANCE BY OTHER COMMUNTIES: NEW BRIGHTON- Mr. David Fridgen commented that on a standard violation they allow 30 days to correct. They tag but never condemn a building. This year, at Arden Court apartments, located in New Brighton, Mr. Fridgen wanted one of two major things accomplished. Repair the swimming pool or put on security doors. We put on security doors. It has been our experience that New Brighton works with us in maintaining a good complex. BROOKLYN PARK - If the Landlord doesn't comply, he can't fill vacancies. No condemnation. MOUNDS VIEW - Stated that they check tenants apartments every four years. ST. ANTHONY VILLAGE - Richard Johnson, Fire Chief - They work with Landlords in improving/maintaining their buildings(how achieve together is the term he used) - Inspect buildings once a year but give the Landlords a year to correct problems unless fire/safety hazard, which is 10 days. Never condemn. CITY OF FRIDLEY - RALPH MENSER- Inspect apartments every four years. He said they have over 3800 apartments units(more than the heights) and have never condemned a building. Never issued a citation. Usually give 45 day extendable time to Landlords. Good relationship with all Landlords. Tenant conduct code where they cite tenants. Work not done notice of non-renewal of license. CITY OF MINNEAPOLIS - TALKED TO HEAD OF BUILDING INSPECTIONS-Joanne Verde. Do drivebys of buildings but do not have inspections unless tenant complains. Hope to have a program to inspect buildings every ten years. CITY OF ST. PAUL - Pat Roedler, former St. Paul City Council member inspected our buildings and requested City of St. Paul to %nspect every 3 years. COMMENTS ON HOUSING CODE-OTHER COMMUNITIES COMMENTS CITY OF LAUDERDALE - Falcon Heights Fire Dept(Terry Iverson) inspect buildings every year and 10% of apartments. CITY OF COON RAPIDS - We have two complexes there and have no problems with the City inspections to date after 13 years of ownership. OTHER COMMENTS FROM PERSONNEL OF CITIES QUOTED ABOVE. 1. Columbia Heights has an adversarial relationship with Landlords. There is no give and take on inspections. Many said their cities were compliance based whereas Columbia Heights was enforcement based. 2. Columbia Heights should enforce what they already have. Why get more confrontational with the landlords. Work with them. COMMENTS ON THREE PAGE DRAFT OBTAINED FROM FIRE DEPARTMENT. PROCEDURE: 1. "Rental Licensing inspections shall be conducted annually". We have no problem with this. 2. "A complete interior and exterior inspection of all residential properties shall be conducted Bi-Annually". above, should be changed to Bi-Ennially. As noted 3. "The property identification number will be used to determine the year in which properties receive complete inspections". This is good logic. 4. "When violations are found by inspectors, the property owner shall be given reasonable time to correct the violations". The table following is not reasonable as follows: A. "Heating Problems" Time to 1st re-inspection = 24 hours. and time to 2nd inspection -CITATION. 1. If your boiler is not repairable, a new boiler must be found and installed. If this happens on a week-end, must supply companies do not open until monday morning. Then getting a plumber, experienced in these types of heating systems to install a new boiler is often not possible within 24 hours. Many of these professionals are booked several days in advance. This is a citation that will end up in litigation as I believe the court will not find this housing code reasonable on this violation. 2. A tenant leaves for the weekend with the window open which causes the pipe to freeze(one pipe froze in 5 different places). Just to thaw out the pipe may take 24 hours and to repair the broken heating pipe(most burst after freezing) requires shutting down the whole system which will automatically lower the temperature for the whole building below 70 degrees. believe the courts will not find this reasonable either. COMMENTS ON HOUSING CODE-OTHER COMMUNITIES COMMENTS 3. As the Fire department is aware, return pipes were installed under the basements floors. When a pipe leaks, it is almost impossible to find where it is leaking. In most cases, the plumber will install an automatic feed on the boiler to keep adding water, which means additional water, Sewer(which is about 3 times the cost of water) and gas to heat the cold water being added. Then, with the leak, air is added to the system which means that people on the 3rd floor do not get heat, but they do get sporadic heat and heat rising from the apartment below. It is impossible to maintain 70 degrees until the problem is corrected either by digging up the floor or running the pipes thru all of the apartments on the ground floor. This can not be done in 24 hours and will result in litigation if enforced. B. "Missing or inoperable smoke detectors". Time allowed - 24 hours with the 2nd inspection being a citation. There is a note that "Citation for missing or inoperable smoke detectors shall be given to tenant is owner has provided evidence to our office that smoke detector was provided by property owner and was present and operational prior to our inspection" THE OWNER PRESENTS A CERTIFICATION SIGNED BY EACH TENANT STATING THAT THEIR SMOKE ALARM IS WORKING WHEN HE SUBMITS HIS RENTAL APPLICATION. THUS, THIS SHOULD ALWAYS BE AGAINST THE TENANT, BUT I HAVE FAILED TO SEE THIS ENFORCED AGAINST A TENANT AS A RESULT OF AN INSPECTION. C. "Standard Violations" What is the definition of a standard violation? Everything seems to be a priority violation which includes a violation of the state building code. D. "Priority Violations(Significant life safety violations)" 10 days to correct is insufficient if it involves cement work or similar. I called Norsk Concrete in April for cement work on a safety related matter and the earliest they said they could complete the work was September. Time to 2nd re-inspection is a CITATION. This is unreasonable and will result in litigation. "Extensions may be granted by the Rental licensing office" NOTE THE WORD "MAY". This is not an automatic. 5. "Extensions to the violation correction schedule MAY be granted by the inspection staff or the Housing Enforcement Officer subject to the following guidelines: A. The seasonal extension until June 1 is not enough time. The snow season can extend until May 15 and painting work has to be done when the temperature is above 40 degrees(also applies to concrete work, etc). B. Again, what is a standard violation? As you can see by the previous ~chedule, twice the time is not v~ry long(48 hours?) ~OMMENTS ON HOUSING CODE-OTHER COMMUNITIES COMMENTS C. As stated heretofore, this does not involve landlords as the tenants have certified that their smoke alarms are working prior to the inspections. Will this be enforced on tenants. IN SUMMARY, PLEASE DO NOT ADOPT POLICIES THAT WILL RESULT IN COSTLY LITIGATION FOR THE CITY. I RESPECT THE RESPONSIBILITY THAT YOU HAVE AND APPRECIATE YOUR INTEREST IN MY COMMENTS. THINGS THAT HAVE BOTHERED ME OVER THE LAST 20 YEARS. 1. My tenants being told by the representative of the Fire epartment that I am a slum landlord. I personally select every tenant that lives in my buildings and they all know my number and call me if there is a problem. I also have caretakers in each uilding that they are supposed to report problems to first. When my wife and I took over renting 3940 Peters Place, a subsidized housing unit, there were newspaper articles condemning the City for placing the units so close to Reservoir Blvd(a nice area). My wife and I thru careful selection never had a complaint from a neighbor as to the inhabitants & actually the neighbors kids caused many problems. 2. Being told that I will not spend the money to take care of emergencies immediately. This is to state that I will spend any monies required to get the job done quickly. To call a plumber on Sunday morning(I will gladly pay overtime) and get someone out within 24 hours is almost impossible. I have been told by a member of the fire department, that there are trained plumbers in heating systems that will come out in 24 hours. I, and other Landlords, want these names. I have not been able to find these people as workers are very hard to find that are capable. I hired a master carpenter at $55.00 an hour to install solid doors and he didn't know enough to cut in grooves for the hinges so that the doors would close properly. This is a violation of the building code and I had to find someone else to solve the problem, which wasn't easy. My daughter Karen, and I owned a 12 unit building in Columbia Heights and never took one pennies return from it in the 15 years that we owned it. 3. City employees riding around in trucks chasing each other up and down the hills in the park behind our building for hours. Four city employees to plant a tree with one shoveling & the other 3 talking. Police that bring kids to clean up the lot next door and one of the kids ends up breaking 7 windows of our building and destroying all of the flowers out front. 4. We have several Landlords in our church(lst Lutheran) and the amount of time and monies they contribute to the community is outstanding. We are scrutinized in the 'inspections for all the broken screens, broken windows, locks damaged to entryways, broom handle marks in the ceiling(too much noise above), smoke alarms that are disconnected, ~amage to carpet(batteries, etc.) amd all of these things have been damaged by the tenants, i have yet in my 20 plus years seen a citation issued to a tenant. BeliEve me, COMMENTS ON HOUSING CODE-OTHER COMMUNITIES COMMENTS there is a constant confrontational situation between Landlord and tenant as the building rules are continually violated. The city has to recognize that the Landlord wants to maintain a good building just to get good tenants and most of the repair work that has to be done is repair work caused by the tenants. 5. When Mr. Land was in the building Dept., there was a continuity from year to year. In New Brighton, we have that continuity with Mr. Fridgen, who will comment on the improvement oiver the previous year. With the Fire Department, there is a different person there every year. I believe the staff of the fire department tries to do a good job, but their training is more vocationally oriented and the social sciences(psychology, sociology, human relations) are not included. These are your representatives out there and you make decisions based on their input, especially from the supervisors. The big picture of how do we improve Columbia Heights is the important one, not a primary purpose of establishing policies to be followed(these are important but should not be the primary purpose of a housing policy). Could the policies of several communities be reviewed with a group of Landlords and representatives of the city? We all want better buildings and a better Columbia Heights. CITY COUNCIL LETTER Meeting of: 7/26/99 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS . ITEM: RE-DEDICATION OF MILL STREET BY: K. Hansen~~/ BY: DATE: 7/21/9~ DATE: Back~round: A request was made to the Traffic Commission by the VFW to re-name or re-dedicate Mill Street as Veterans Avenue. The Traffic Commission discussed this request at their meeting of June 7, 1999. It was proposed that it be an additional name rather than an actual name change for purposes of people living on the street. This is similar to what was done for the Bicentennial when 40~ Avenue was also re-dedicated as Constitution Avenue. Recommended Motion: Move to re-dedicate Mill Street as Veterans Avenue, as an additional name, based on a recommendation of the Traffic Commission. rm0b 99-240 COUNCIL ACTION: COLU/4BIA H£1GH?S PUBLIC LIBRARY BOARD Oi July 6, 1999 The meeting was called to order by Chair, Barbara Miller. Those present were: Richard Hubbard, NancyHoium, Barbara Miller, Don Jolly, and Becky Loader. It was moved, seconded, and passed to approve the minutes of the June 1't ,meeting as mailed. The June 28, 1999, bill list was reviewed. It was moved, seconded, and passed that they be paid. The July 12, 1999, bill list was also reviewed. It was moved, seconded, and passed that they be paid. The accounting was reviewed. It was noted that the line items that are operating in the red will be underspent in other areas. Old Business: The open house in honor of Jerry Young's retirement from the Anoka County Library will be held on July 29, 1999, fi.om 4:00 - 6:00 p.m. at the Northtown library. A dr-aK of the letter fi.om the Library Board honoring Mr. Young was reviewed. The letter, along with the donation from the Board for Large Print books in Mr. Young's name will be forwarded to the Anoka County Library Board. A report was given on the ground breaking ceremony for the Rum Area Library. The program fi.om the ceremony was viewed by the Board. Space Needs Committee report was presented. Two site visits were conducted. The cities of St. Paul Park and Oakdale were viewed. Buetow and Associates were responsible for the Oakdale design. This is the firm that the Space Needs Committee recommended to the City Council. A contract has been signed and the first meeting between the City and Buetow and Assoc. will be held on July 7, 1999. This firm does have a library specialist on staff. The Board will be kept informed as to the progress.of this project. A report on the cleaning contract was provided. Thirteen potential companies toured the City facilities. Ten proposals were returned. Four companies have been invited to do presentations on Monday, July 12, 1999. Updates will be provided. The second portion of the report was for the HVAC contract. Honeywell is scheduled to meet with committee members on July 26, 1999. Proposals for cost for service only are being pursued, Possibilities included negotiation of a one year contract with Honeywell to see the City through the year 2000. Finance has not provided any updated budget materials at this time. The first budget meeting is scheduled for July 14, 1999. 6. Thank you to the Friends for their donation of a kick-stool from the Campbell's Soup Labels campaign was reviewed. A report from Board members on their participation in the Jamboree parade was given. The Board had very positive things to report. The only problem was when the walking participants got separated from the vehicle that had the supply of bookmarks in it., New Business: Training for the second page class will begin on July 12. New pages are Annie Harmel, Brent Larson, Katy Oftedabl, and Stephanie Stroinski. Ti-ecs located on library property along 40* Avenue have been inspected. The maple tree on the Northwest comer of the lot is tagged to be taken down because it is split. The ash trees on the Northeast side of the lot have ash wilt. They can be treated but the City Forester is looking for suggestions from the Board as to what they would like to see done. The Board agreed that the maple tree should be removed, as it is a hazzard. They would like to see the ash trees treated, 4. 5. 6. 10. 11. 12. and' felt that if one had to be removed because of overcrowding there would be no problem· As to a replacement for the maple tree, the Board requested a list of recommended trees before they would make a recommendation. Crossover statistics were reviewed. A copy of the comprehensive annual financial report was shared with the Board. The newsletter from MELSA concerning linking library trustees was reviewed. A memo from Jerry Young and letter of response from Linda Magee to David Burr and "Filtering Facts" enquiry were reviewed by the Board. The proposed Y2K plan for the library was reviewed. A leak on the west side oftbe building where water was seeping down the foundation was discovered. Public Works has repaired the blaelctop that had cracked and removable downspout extensions have been ordered from Daleo Roofing to match the rest of the building. A picture of the fountain located at the entrance to the Cincinnati Public Library which was donated by the sculptor was shared with the Board. There was a discussion about an ongoing complaint from a patron about the lawn treatments that are applied on City property. The only item the City can regulate is fertilizers. Pesticides are regulated by the State and any concerns this person would have need to be addressed on that level. A draft document of new site proposals was reviewed. Following are the items the Board added or suggested: a. First priority is to be included in a City campus if that is a possibility. b. Flexibility/expandable space in design. c. The need for architects ideas too. d. Non-custom windows. e. Historical room or Community Pride area. f. No fiat roofs. g. Wiring for current computers and also include wiring for expansion. h. Books in other languages. i. Add to the collection size. j. A well designed, nice looking building that will look good for the next 30-40 years. It was noted that the Roseville and Shoreview libraries were designed by Buetow and Associates if the Board would like to see an example of their work. The VFW and Anoka County Historical Society are co-sponsoring a program at the library on July 26, 1999. "This train is bound for glory" by Dr. Wesolowski is about the Lincoln Train. Dr. Wesolowski has over 200 slides. Refreshments will be served at 6:30 and the program begins at 7:00 p.m. There being no further business the meeting was adjourned at 9:00 p.m. Respectfully submitted, · . ' ta~y the Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. 2 CiTY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (6 ! 2) 782-2800 TDD 782-2806 PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JULY 6, 1999 The July 6, 1999 Planning and Zoning Commission meeting was called to order by Chairperson Pro-tom Szurek at 7:00 p.m. Members present were Yehle, Franzen and Szurek. Commissioners Ramsdell and Hanson. were not in attendance. Also present were Joe Hollman (City Planner) and Kathryn Pepin (Secretary to the Planning and Zoning Commission). MOTION by Yehle, seconded by Franzen, to approve the minutes from the meeting of June 1, 1999 as presented in writing. Voice Vote: All Ayes. Motion passed. NEW BUSINESS: Public Hearing Variance Case/1990725 Robert NilssonlMeredith Wu 1165 N.E. 50m Avenue Columbia Heights, Mn. Mr. Hollman presented a request on behalf of Robert Nilsson of 1185 N.E. 50~ Avenue for a variance to Section 9.107(4) of the Columbia Heights Zoning Ordinance which requires a minimum seven (7) foot side yard setback for principal structures in the R,1, Single Family Residential Zoning District. The request is for a variance of two (2) feet to allow a 424 square foot addition onto the back of an existing 480 square foot attached garage at 1165- 50~ Avenue NE. He noted that the proposed addition will extend along the same building line as the existing garage which encroaches into the required seven (7) foot side yard setback by roughly two {2) feet. Mr. Hoflman informed the Commission that Section 9.107(4) of the Columbia Heights Zoning Ordinance regulates lot area, width, and yard requirements in the R-1 District, and Section 9.104(5) regulates accessory structures. The requirements are as follows: Minimum lot size shall be 8,400 square_feet. The subject property is 10,800 square feet which meets this requirement. · Minimum lot width shall be 70 feet. The subject property is 80 feet wide which meets this requirement. · Front yard shall be a minimum of 25 feet. The existing house meets this requirement. · Rear yard shall be at least 30 feet. The existing house and proposed-addition meet this requirement. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF' SERVICES EQUAL OPPORTUNITY EMPLOYER PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JULY 6, 1999 Page 2 Side yard shall be at least seven (7) feet. The existing house is slightly over five (5) feet from the west side yard and roughly six (6) feet from the east side yard which does not meet this requirement. An accessory structure shall be considered an integral part of the principal building if it is connected to the principal building. For single-family homes, no accessory structures, including attached garages, or any combination of accessory structures shall exceed 1,000 square feet. The existing garage is 480 square feet and the proposed addition is 424 square feet which totals 904 square feet and there is an existing 96 square foot shed on the property for a total of 1,000 square feet which meets this requirement. Any lot over 6,500 square feet may have a lot coverage of up to 30%. The existing lot coverage on the property is 17.3% and the lot coverage with the proposed garage addition is 21.2%, so the proposal meets this requirement. Mr. Hollman stated that with the exception of the side yard setback requirement, the proposal meets the minimum requirements of the Zoning Ordinance adding that, as mentioned earlier, the existing house and garage do not meet the side yard setback requirements. He noted that the structure was built in 1.958, prior to the adoption of these regulations, so it is considered legally nonconforming. Section 9.104(3) of the Ordinance states that normal maintenance of a nonconforming structure is permitted, provided it does not extend or intensify the nonconformity. It was his opinion that the proposal will not further encroach into the setback, but considering that the garage wifl be expanded, the nonconformity will be intensified, so a permit cannot be granted without approval of a variance. Mr. Hollman reminded the Commission that Section 9.105(3Xd) states the following: "In recommending a variance, it shall be found that by reason of narrowness, shallowness, or shape, of lot or whereby reason of exceptional topography, soil conditions, tree number or location or water conditions the owner of such lot would have an undue hardship in using his lot in a manner customary and legally permissible within the rules of the zoning district." He · stated that in order for a variance to be granted, hardship needs to be established. Mr. Hollman stated that tho topography of the lot is such that the garage addition could bo built at the five foot setback with the addition of little or no fill. However, if the sane addition were constructed at the required seven foot setback, it appears that fill would need to be brought in which could partially block one of the windows to the basement. He referred to a copy of a photograph to see the topographic features of the site. It was his opinion that the existing topography of the property is better suited for constructing the addition at the five foot setback rather than the required seven foot setback. It is staff's opinion that topography of the lot creates a legitimate hardship on which to base a variance approval. Mr. Hollman stated that the addition could be constructed without a variance at the required setback, but it would need to be off-set from the existing structure. The applicant has prepared a plan illustrating this layout, labeled as Option 2. This option is not desired by the applicant because the addition would not be as functional with the off- PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JULY 6, 1999 Page 3 set as it would with a straight building line, and the appearance would also be diminished. The addition would possibly require the removal of a bedroom window as well as the basement window if constructed at the seven foot setback. Should the variance be denied, the applicant would not need to construct the addition as shown on Option 2. It could be redesigned so that the eastern wall of the addition were aligned with the eastern wall of the existing garage which would eliminate the need to remove any windows. However, this would not meet the needs of the applicant as well as the design proposed in Option 1. Mr. Hollman noted that a letter was submitted by the neighboring property owner at 1145- 50~ Avenue NE stating that she does not object to the variance application. Also, staff researched setback information for ten properties within the same block as the subject property. Of these ten properties, seven of the principal structures were constructed at a five foot setback for at least one of the side yards. Metien by Yehle, seconded by Fransen, to recommend to the City Council the approval of a side yard setback variance of two feet at 1185- 50e Avenue NE to allow an addition to the attached garage because topography on the property creates a hardship. Voice Vote: All Ayes. **THIS ITEM TO APPEAR ON THE'CITY COUNCIL AGENDA FOR JULY 12, 1999. STAFF REPORTS: A. Mr. Hollman informed the Commission of the proposed sale of city-owned property located at 4519121 Taylor Street and 4842144 Taylor Street. He stated that the City Council has taken action to sell these properties and to advertise the "as is" sale of these properties subject to the construction of a minimum 20' x 20' garage at each site. He informed the Commission that the Council also stated that preference would be given to any buyer who wishes to purchase both properties or is willing to modify the units to single family residences or to modify the structures with a rental unit and an owner occupied unit. Mr. Hoiiman stated that State Statute requires notification of the Planning Commission of the intent to sell or purchase land. Mmtiefl by Yehle, seconded by Fransen, to support the action of the Columbia Heights City Council to sell the property at 4519121 Taylor Street and 4642/44 Taylor Street because the proposal is consistent with the City Comprehensive Plan. Voice Vote: All Ayes. Motion Passed. B. Mr. Hollman presented a working draft of the Comprehensive Plan. He reviewed the Land Use Section of the Plan as he felt that section was the most pertinent to what the Planning and Zoning Commission dealt with. He stated that most of the changes were in commercial areas and on 40= Avenue in the RB Districts. The RB areas PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES JULY 6, 1999 Page 4 have been redesigned as a mixed use district to allow flexibility in accommodating both residential dwellings and Iow density commercial businesses. He added that the Design Team had also recommended a mixed use district along 40~ Avenue. The area at 404 and Mill Street where City Hall is located is being recommended to reflect a civic oriented atmosphere which lends to the mixed use zone. There are also three areas along University Avenue which are designated as transit oriented districts which formerly were proposed locations for light rail transit stations. He informed the Commission that the City is required to submit the Comprehensive Plan to adjacent jurisdictions for a 60 day review and comment period. After that, the public hearing process will begin with open house reviews. He anticipated that the Comprehensive Plan should be adopted by the City Council in November of 1999. Commissioner Szurek suggested that public hearing notices be sent in the water bills, published in the Focus Newspaper and the city newsletter as well as on the cable television station. She expressed concern regarding the ranking of Columbia Heights versus other cities in the age of housing stock and the number of rental units. She was impressed with the proposed draft stating this one "has teeth" as the last Comprehensive Plan did not really address work to be done within the city, "but it read easily". Motion by Franzen, seconded by Yehle, to adjourn the meeting at 8:00 p.m. Voice Vote: All Ayes. Motion passed. Respectf ull~dbmitted~-~ Kathryn Pepin ~/' Secretary to the Planning and Zoning Commission kp COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY O/DA) REGULAR MEETING MINUTES OF JUNE 22, 1999 C,a,I.I. TO ORDER - The Regular Meeting of the Columbia Heights Economic Development Authority (EDA) was called to order by President Ruettimann at 6:30 p.m, Tuesday, June 22, 1999, in the Parkview Villa Community Room B, 965 40'~ Avenue NE, Columbia Heights, Minnesota. ROLL CALL Commission Members Present: Staff Present: Robert Ruettimann, Patricia lindra, Maflaine Szurek, Don $olly, Gary Peterson, Sulienne Wyckoff, and John Hunter Ken Anderson, Deputy Executive D/rector Julie Wesley, FSS Coordinator PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA- There were no additions or deletions to the agenda. CONSENT AGENDA (These items are considered to be routine by the EDA Board of Commissioners and will be enacted as pan of the Consent Agenda by one motion). A. Adopt the consent agenda items as listed below. 1) Approval of Minutes - regular meeting of May 18, 1999 Move to adopt the minutes of the May 18, 1999 regular meeting as presented in writing. 2) Financial Report and Payment of Bills a. Financial Statement - May, 1999 b. Payment of Bills - May, 1999 Move to approve Resolution 99-09, Resolution of the Columbia Heights Economic Development Authority (EDA) appwving the financial statements for May, 1999 and approving payment of bills for May, 1999. MOTION by lindra, second by Peterson, to adopt the consent agenda items as listed. All ayes. Motion carried. REPORT OF THE MANAGEMENT COMPANY A. Shirley Barnes, Crest View Corporation. Ms. Barnes indicated Jennifer Stoopes-Mokamba is on vacation. She indicated Rennie SuSa is the new Resident Council President. In the opinion of Ms. Barnes, the Parking Policy for Parkview Villa and 4607 Tyler Street NE is acceptable. She referred to the agenda packet letter for occupancy statistics. Ms. Barnes reminded everyone that the grand opening for Columbia Village will be on Thursday, June 24 from 4:00 to 7:00 p.m. CITIZEN FORUM TO ADDRESS EDA ON MATTERS NOT ON THE AGENDA Rennie Sufka commented on the change of entrances to the building at the Columbia Heights Mall and ADA regulations for'accessibility. Mr. Anderson indicated that because this is a remodeling project, it is not required to install handicap push buttons on the doors. She also stated that the driveway into the mall on 40~ is so broken up that it is difficult to cross with a wheelchair. Mr. Ruettimann asked that the Building Official look at this driveway. Mr. Jolly suggested staff speak to Kathy Young in Public Works regrading the replacement program time table for this site. A Parkview Villa resident expressed concern at the noise from jack-hammers at the mall beginning at 5:30 a.m. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS - None. PUBLIC HEARINGS A. 4216 Central Avenue NE - Sale of Property. Mr. Anderson indicated the required notice was published for this hearing. This property was acquired from Anoka County as a tax forfeited parcel. This property has a 50 foot frontage on Central Avenue. Mr. Bruce Nedegaard owns three lots to the south of 4216 Central Avenue and is interested in building an office facility, This site would be necessa~ for him_ to complete his plans. A verbal agreement was previously reached and a Purchase Agreement was drafted. Mr. Nedegaard was asked to prepare plans and specifications for review of this proposed conslruction. Economic Development Authority Minutes June 22, 1999 Page 2 He agreed to a purchase price of $11,829.45 pins legal fees. Staff's opinion was that this sale would be in the best interest of the City as it would place the property back on the tax roll~ and would allow additional new development in Columbia Heights. MOTION by Peterson, seconded by Szurek, to close the Public Hearing on the sale of property at 4216 Central Avenue NE. All ayes. Motion carried. Mr. Nedegaard indicated that if the Commission agreed, he would like a closing on the property at the end of August. He then presented the plans for the site, that he jnst received, and apologized becanse he was unable to have them available for earlier review. During review, Mr. Nedegaard indicated the area may be short of parking spaces. Mr. Anderson indicated one space is required per 200 square feet of building and may require a variance. Mr. Nedegaard indicated he is a contractor and the lower portion of the building will be for parking and equipment storage and questioned if this available parking may also be considered. He stated that a portion of the upper area will be rented out for office nse and will not generate the traffic of a retail bnsiness. Discnssion included the steep topography and the hardship this may canse for possible parking. All Commissioners agreed this would be a positive improvement for this area. MOTION by Peterson, second by Wyckoff, to accept the preliminary plan that follows suite with the City's design of that area. All ayes. Motion earried. MOTION by Peterson, second by Szurek, to approve the private negotiated sale with Brace A. Nedegaard of property at 4216 Central Avenue NE, P.I.N. F35-30-24-14-0077, subject to complying with all terms in the Purchase Agreement; and furthermore, to authorize the President and Executive Director to enter into all necessary agreements for the same. All ayes. Motion carried. Mr. Peterson suggested Mr. Nedegaard be invited to be involved in the beautification meetings for Central Avenue. ITEMS FOR CONSIDERATION A. Other Resolutions - None. B. Bid Considerations. 1. Center for Energy and Environment (CDBG loam). Mr. Anderson introduced Mr. David King, Center for Energy and Environment, who was invited to address Cornmi~sioners and to prepare a proposal allowing their company to provide technical assistance in Deferred Grants/Loans through the CDBG program. They have experience working with the City of Fridley and other local cities. Mr. King indicated his company was a non-profit organi~.ation started in 1989 with 60 staff members. Prior to this they were part of the Minneapolis Energy Office. They have 12 staff members working with the cities of Fridley, Anoka, Richfield, and St. Louis Park. The Center for Energy and Environment (CEE) proposes to take the existing Columbia Heights Deferred C. want/l~an waiting list, evaluate, and process CDBG loans. The only cost is $8?5 to administer the loan when it closes successfully. He indicated Fridley started with them while on 1996 CDBG funds and is now current with a waiting list. Commissioners questioned amounts available. Mr. Anderson indicated there is $60,000 to $70,000 available per contract year for deferred loans for our local program and an additional allocation from Anoka County area-wide honsing rehabilitation. Each loan is limited to $15,000. 15% may be set aside for administrative purposes. In the past 5% has been set aside for a~trative fees. He also indicated that some people have been on our waiting list since 1994. These loans are very labor intensive for which the Co,-,m~unlty Development Depariment does not have the time or personnel to handle. Mr. Anderson suggested an agreement through the end of the year to see if tiffs process works. Mr. Ruettimann mentioned the problem getting bids for these jobs. Mr. Anderson hopes to establish a relationship with contractors that will bid for jobs in Columbia Heights. Mr. Hunter questioned title insurance, etc. Mr. King stated CEE does the inspections, checks the underwriting, works with the City/County, checks the title, flood information, and insurance. Ms. Jindra expressed the importance of the EDA lo keep Columbia Heights looking good and felt this sounded like a good plan. Mr. Anderson indicated this is targeted to the help the low income with home improvements. Mr. Hunter felt it is important to get these funds into circulation where they can do some good. Mr. Jolly asked what effect this would have on the budget. Mr. Anderson indicated the City would pay the contractor and then file for reimbursement with Anoka County. He stated the City of Columbia Heights has only been able to process three or four loans in the last three years and felt this would help just to catch up on the back log of requests. Economic Development Authority Minutes June 22, 1999 Page 3 MOTION by Hunter, second by Jindra, to award the proposal for preparation of CDBG Deferred Grant/Loan consulting services to the Center for Energy and Environment (CEE), based upon their proposal dated June 1, 1999 and to continue to January 1, 2000; and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. All ayes. Motion carried. Mr. Anderson will send a copy of the signed Agreement to the Commissioners upon completion. C. Other Business 1. Approve Family Self-Sufficiency Contract of Participation. lulie Wesley, Family Serf-Sufficiency Coordinator, presented Commissioners with requests from three families who are on the waiting list for this program and want to enter into a contract. When Columbia Heights transfers the Section 8 program to Metro HRA, these contracts will also transfer and the families will continue on the program. MOTION by Wyckoff, seconded by Peterson, to authorize staff to enter into a FSS Contract of Participation with those families identified as 97C06.02, XX04756, and Z04666 effective after the date of approval for the purpose of establishing and maintaining an FSS escrow account(s). All ayes. Motion carried. Mr. Ruettimann questions the privacy of the individuals. Ms. Wesley stated all information is slrietly confidential. 2. Parkview Villa North and South/4607 Tyler Street Parking Policy. Mr. Anderson referred to the Parking Policy included with the agenda packet. A policy for parking will be new to 4607 Tyler. The Parkview Villa Resident Council has reviewed and agreed with this policy. MOTION by Peterson, second by Jindra to adopt and approve the Parkview Villa North and South Surface Parking Lot and Underground Parking Policy and Parking Policy for 4607 Tyler Street NE dated June 22, 1999 as presented in writing. All ayes. Motion carried. Mr. Ruettimann requested this policy be placed with other policies and information available upon request by Commi~ioners and future members. Ms. Jindra indicated this policy should also be included with information given to new residents. Mr. Anderson indicated Ms. Stoopes-Mokamba would like to develop a more elaborate welcome packet for new residents. A resident questioned the growing number of disabled residents versus seniors moving into thc buildings. Mr. Anderson indicated that until Columbia Heights has an alternate facility which could house disabled individuals, HUD requires this site be available to seniors and disabled persons. The issue has been discussed with Ms. Stoopes- Mokamba to poSsl'bly acquire another site with ACCAP funds. Staff is very aware of the need for other housing options. 3. Parkview Villa Management Agreement renewal. Mr. Anderson indicated that Ms. Barnes of Crest View Management has expressed their desire to continue managing Parkview Villa. The contract for these services is a two year contract with three poss~le one year renewals. This would be the first one year renewal. Mr. Ruettimaun questioned the dollar figure of the current contract and that in the past a four percent increase was included, with $115 per month for management of the four plex. Staff will correct the figure. Rennie Su/ka, Resident Council President, questioned how a management company was chosen. She indicated that she is not dissatisfied with Crest View Corporation in any way. Mr. Anderson reviewed the selection process and indicated the high ranking of 100% received from the HUD PHMAP which monitors utilization rates and turn overs at the high-rise. In a survey of residents, Crest View received high praise. MOTION by Jindra, seconded by Peterson, to approve the one year extension of the Management and Maintenance Services Agreement, as amended, to include an increase of up to four percent, by and between the Crest View Corporation and the Columbia Heights Economic Development Authority; and furthermore, to authorize the President and Executive Director to notify Crest View Corporation and HUD of said extension. All ayes. Motion carried. 4. Subordination Agreement. MOTION by Peterson, seconded by Wyckoff, to approve the Subordination Agreement between the Columbia Heights Economic Development Authority and Norwest Bank Minnesota; and funhennore, to authorize the President and Executive Director to enter into an agreement for the same. All ayes. Motion carried. 5. Section 8 Report. Mr. Anderson reviewed statistics of the Section 8 program. He has met with Metro HRA to discuss strategies and steps to transfer the Section 8 program to them. Over the next two months Metro HRA will be requesting · Economic Development Authority Minutes Sune 22, 1999 ~' Page 4 information from us to begin the transfer. Currently, the targeted transfer date is October or November, just prior to year end. This is also when our contract with HUD ends. Mr. Ruettimann felt that every part of the program should be transferred in one package. Mr. Anderson indicated the Fire Department is still interested in continuing to do the Columbia Heights inspections for Metro HRA. Mr. Ruettimmm asked that the Fire Department be reminded they would be required to handle all contact and coordination with HUD. President Ruettimann accepted the report as give 6. CDBG/Mi~A Report. Mr. Anderson reported that the "Notice to Proceed" has been issued for CDBG Grant~oan 98-02. 7. Review MUFA Loan Application M99-03. Mr. Anderson indicated that request M99-03 is for roof repair in the amount of $4,788. This does not require a second mortgage as it is under $5,000. MOTION by Ruettimann, second by Szurek, to approve the home im?rovement loan number M99-03, a request for Minnesota Fix Up Funds in the amount of $4,788 subject to meeting all program requirements; and furthermore, to direct and authorize staff to submit said application to the MHFA for purchase. All ayes. Motion carried. Mr. Anderson asked if Commissioners would be interested in allowing the Center for Energy and Environment (CEE) to process a few MHFA loans so the Community Development Department may bring the program current. A $350 processing fee is included in each loan for administrative hanrllin~, Mr. Ruettimarlll indicated this could be included in the conlract to be drawn up with CEE. Mr. Hunter indicated it would be good to speed applications along. Mr. Ruettimann indicated that once the program gets back on track, he would like for us to resume processing the loans. Mr. Anderson will check with MHFA to make sure we do not forgo any of our rights. 8. Transit Related Development Tax Incentive. Mr. Anderson mentioned that there is a Metropolitan Council tax incentive program allowing any commergial or industrial enterprise to receive a lower tax rate located next to a now increased area of transit zones. They would pay 85% of the normal property tax rate as an incentive to locate along major transit zones. Unfortunately, most of Columbia Heights is next to a transit zone and would therefore see our tax revenue going down. Mr. Rllettimsnn questioned the effect this would have on TIF Districts where you could recoup this loss. Mr. Jolly indicated a recent report indicating possible refunding of TIF disparities to communities. 9. HUD Drug Elimination Program Grant Application. Mr. Anderson indicated a submission has been made applying for a $32,000 grant from the HUD Drug FJimlnation Program. These funds would go to Parkview Villa paying for a camera system, key card entry system, and training/education for a volunteer tenant patrol. There is no firm date when we will receive a reply to our request. Discussion included the problem of getting anyone interested in bidding to install a camera system at Parkview Villa. Mr. Anderson indicated that possibly now that Len Olson is retired he may be interested in doing this project if we purchased the equipment. ADMINISTRATIVE REPORTS A. Report of the Deputy Executive Director. 1. Livable Communities Demonstration Account project update. Mr. Anderson indicated Real Estate Equities Development Company, Inc. had a letter of intent signed with N-El for the east part of their building to be converted to 50 units of assisted living. That letter terminated on June 15 or 16~. Now NEI has found that costs to remodel their building would be significantly higher than anticipated and they may no longer be interested. At a minimum Real Estate Equities and Crest View Corporation are still interested in doing owner occupied townhonses, rental units and senior housing. The senior housing may now have to be somewhere else on the site. At a future EDA meeting Real Estate Equities will attend with more information. Also, they have been informed they were not funded this cycle for tax credit funds. They may rework the application and resubmit it in July, but will not hear until October if they are funded. The homeowner on the single family lot is interested in selling and moving to Parkview Villa. Mr. Jolly questioned the demolitions scheduled. Mr. Anderson indicated there are five demolitions, two of which are the responsibility of the EDA. 4150 Central is scheduled for Suly 15. 3913 Polk Street is scheduled to go down on July 16. Asbestos abatement on the SACA house will begin next week. The Fire Department will do a bum of the SACA house on July 11t~. · Economic Development Authority Minutes June 22, 1999 · Page 5 B. Committee/Other Reports. 1. Parkview Vma Capital Improvement Committee - Commissioner Szurek. Jennifer Stoopes-Mokamba, Bill Gault, Patty Muscovilz and Marlaine Szurek have met three time to discuss absolute necessities and immediate needs at Parkview Villa. Ms. Szurek indicated one major item is the need to improve the elevators before someone is seriously injured. Also necessary is the need to improve lighting in the hallways for safety. In the penthouse there are valves that need improvements and can be completed this year. Painting of the building exterior (North) is also a necessity. Mr. Anderson indicated there will no longer be a ClAP program, however, now an allocation of $1,000 to $1,200 per unit/per year will be available. We have 101 units at Parkview Villa. These funds will be used to offset expenses. This will be indicated as "Fair Share" and will be document intensive requiring goals and objectives and capital improvement program which must be submitted by October 15. These will no longer be competitive funds. Ms. Szurek indicated the committee also went into aesthetics and the need to up grade to be competitive with the South building and with the new Crest View Community. By investing in new kitchen cabinets, a new vanity in the bathroom, and a new light in the living room it would make a huge difference in how the aparlments look. We discussed the possl'bility of doing two floors at a time if budget funds could not be available all at once. Mr. Ruettimann suggested the cold exterior of the building could also be changed to increase the appeal. He requested a list with ball park figures and where funds could possibly come from for these projects. Discussion followed on kitchen cabinets. Mr. Hunter suggested going right to a manufacturer. Mr. $olly suggested Mr. Hunter be asked to join this commiRee, l~r. Anderson will get copies of these meeting minutes to Commissioners at the next meeting and tie this in with the budget information to be presented. Mr. Ruettimann would like to see a list in the budget of all funds available to be used for improvements. Mr. Jolly questioned if Y2K needs to be addressed. Mr. Anderson indicated this has been an ongoing process to be sure we are prepared. He would also like to put out information to residents to help them be prepared. He has information from the Red Cross that could be very helpful. Pat Bush asked that it be emphasized to seniors to not use candles as they can be deadly, and that they be encouraged to use flashlights. Commi,~sioners agreed this was a very good point. MEETINGS The next EDA meeting is scheduled for 6:30 p.m., Tuesday, Suly 20, 1999 in Community Room B at Parkview Villa. AD JOiNT President Ruettimann adjourned the meeting at 8:45 p.m. Respectfully submitted, Patty Muscovitz Recording Secretary H:~DAmimm~6-22-1999 PROPOSAL PROPOSAL SUBMITTED TO: PHONE NO. ~ WORK TO BE PERFORMED AT: All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of with payments to be made as follows Any alteration or deviation from above specifioations tnvolviag extra costs Respectfully submitted' will be executed only upon written order, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control, Per Note - This proposal may be withdrawn by us if not accepted within ,~/ days~ PROPOSAL SUBMITTED TO: ADDRE : ::::: .. PHONENO. ' ~ - ' - ' PROPOSAL WORK TO BE PERFORMED AT: CITY, STATE DATE OF PLANS ARCHITECT All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of Respectfully submitted . ,'i,~/-' ',~~ Per /' /'-' with payments to be made as follows Any alteratiOn or deviation from above specifications invo~'ing extra costs will bo executed only upon writte~ order, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control Note - This proposal may be withdrawn by us if not accepted within...~( days ! I ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above. Signature Date Signature g450 PROPOSAL SUBMITTED TO: PROPOSAL , ........ ,.. .... .,., WORK TO BE PERFORMED AT: DATE OF PLANS ARCHITECT All material is guaranteed to be as specified, and the above work to be performed in and specifications submitted for above _ work and completed in a substantial workmanlike manner with payments to be made as follows [ /'~/~ ~~~~~ L ' b t ~ t Respectfully submitted ~ will ~ ex~ on~ u~ w~n o~er, a~ will ~co~ ~ extra c~rge /, OVer a~ a~ t~ e~lma~. All agr~m~ conti~ent u~n strikes, acc~ents, ~ de~ ~y~ ~r c~trol. Per 1111 accordance with the drawings for the sum of ) Note - This proposal may be witl~drawn by us if not accepted within ,~ / days~ ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are Satisfactory and are hereby accepted. You are authOrized to do the work as specified. Payments will be made as outlined above. Signature Date Signature · I ~450 III I