HomeMy WebLinkAboutOrdinance 1395
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, shall be further
amended as follows:
Chapter 5A HOUSING MAINTENANCE CODE
Article I General Provisions
Section 1: Statement of Purpose
5A.1 01 (1) The purpose of the Housing Maintenance Code (hereinafter referred to in
Chapter 5A as "Code") is to protect the public health, safety and general
welfare of the people of this City. These objectives include, among others,
the following;
(a) To protect the character and stability of residential areas within the city;
(b) To correct and prevent housing conditions that adversely affect or are
likely to adversely affect the life, safety, general welfare, and health;
(c) To provide minimum standards for heating, for sanitary equipment and for
light and ventilation necessary to protect the health and safety of
occupants of building;
(d) To prevent the overcrowding of dwellings;
(e) To provide minimum standards for the maintenance of existing residential
buildings and to thus prevent substandard housing and blight;
(f) To preserve the value of land and buildings throughout the city.
5A.1 01 (2) With respect to disputes between landlords and tenants, and except as
otherwise specifically provided by terms of this Ordinance, the City Council
will not intrude upon the accepted contractual relationships between
landlords and tenants. The City Council will not intervene as an advocate
of either party, nor will it act as an arbiter, nor will it be receptive to
complaints from landlords or tenants which are not specifically and clearly
relevant to the provisions of this Code. In the absence of such relevancy
with regard to rental disputes, it is intended that the contracting parties
exercise such legal sanctions as are available to them without the
intervention of City government. In enacting this Code, the Council does
not intend to interfere or permit interference with legal rights to personal
privacy.
Section 2: Applicability
5A.1 02(1) This Code establishes minimum standards for maintaining dwellings,
accessory structures and premises. This Code is intended to provide
standards for housing. Applicable requirements shall apply to all
apartment units, homes, accessory structures, rooming houses, lodging
and/or boarding houses and house trailers used or intended for use for
human habitation.
Section 3: Definitions
5A.1 03(1) The following definitions shall apply in the interpretation and enforcement
of this Code, to wit;
(a) Accessory Structure. A structure subordinate to the main or principal
dwelling or dwellings which is not authorized to be used for living or
sleeping by human occupants and which is located on or partially on the
premises.
(b) Apartment Unit. Apartment, apartment unit, or dwelling unit means a room
or group of rooms located within a building which form a single habitable
unit with facilities which are used or are intended to be used for living,
sleeping, cooking or eating.
(c) Approved. An indication that an item meets construction, installation, and
maintenance standards of the State of Minnesota and of this Code.
(d) Basement. Any floor level below the first story in a building, except that
floor level in a building having only one floor level shall be classified as a
basement unless such floor level qualifies as a first story as defined
herein.
(e) Building. Any structure having a roof which may provide shelter or
enclosure for persons, animals, or chattels, and, when said structure is
divided by party walls without openings, each portion of such building so
separated shall be deemed a separate building.
(f) Building official. Agent designated by the City Manager to enforce
provisions of the Housing Maintenance Code.
(g) Clean. The absence of rubbish, garbage, vermin or other unsightly,
offensive or extraneous matter.
(h) Dwelling. A structure or portion thereof designed exclusively for residential
occupancy, including boarding and lodging houses, but not including
hotels and motels.
(i) Dwelling Unit. Dwelling unit has the same meaning as apartment unit
(within this Code).
U) Exit. A continuous and unobstructed means of egress to a public way and
shall include intervening doors, doorways, corridors, ramps, stairways,
smoke-proof enclosures, horizontal exits, exit passageways, exit courts
and yards.
(k) Family. An individual, or two or more persons each related by blood,
marriage, adoption, or foster children, living together as a single
housekeeping unit; or a group of not more than four persons not so
related, maintaining a common household and using common cooking and
kitchen facilities.
(I) Functioning. In such physical condition as to safely perform the service or
services for which an item is designed or intended.
(m) Garbage. Garbage is defined in 5.605(2)(a).
(n) Habitable. A dwelling unit or part thereof that meets minimum standards
for use as a home or place of abode by one or more persons.
(0) Hot Water. Water heated to a temperature of not less than 110 degrees
Fahrenheit, measured at faucet outlet.
(p) Housing Code. Section 5A of this Code together with the Uniform Housing
Code, 1985 Edition, International Conference of Building Officials.
(q) Infestation. The presence within or around a dwelling or dwelling unit of
any insect, rodent, vermin or other pest.
(r) Kitchen. A habitable room within a dwelling unit intended to be used for
the cooking of food or preparation of meals.
(s) Occupant. Any person (including owner or operator) living, sleeping,
cooking or eating within a dwelling unit.
(t) Owner. Any person, firm or corporation who, alone, jointly or severally
with others, shall be in actual possession of, or have charge, care control
of any dwelling, dwelling unit, or rooming unit within the City as owner,
employee or agent of the owner, or as trustee or guardian of the estate or
person of the title holder. Also, any person, firm or corporation who has
the right to determine who occupies a rental structure (even though that
right may be subject to a lease or rental agreement), or a person, firm,
corporation who shall have the power to rent or let premises to another for
purposes of this Code.
(u) Person. Any individual, firm, partnership, association, corporation,
company or a joint venture or organization of any kind.
(v) Premises. A platted lot or part thereof or unplatted parcel of land, and
adjacent right-of -way either occupied or unoccupied by any dwelling or
stru ctu re.
(w) Public Hall. A hall, corridor or a passageway for providing egress from a
dwelling unit to a public way and not within the exclusive control of one
family.
(x) Rental Dwelling. Any dwelling for hire with one or more living units..
Rental dwellings for purposes of this Code do not include hotels, motels,
hospitals or homes for the aged.
(y) Repair. Repair shall mean to restore to a sound, acceptable state of
operation, serviceability or appearance. Repairs shall be expected to last
as long as with the replacement by new items.
(z) Rodent Harborage. A place where rodents commonly live, nest, or
establish their habitat.
(aa) Replace or Replacement. To remove an existing or portion of a system
and to construct or install a new item or a quality similar to that of the
existing item when it was new. Replacement ordinarily takes place when
repair of the item is impractical.
(bb) Rooming Houses. Any group of rooms which form single habitable units
used or intended to be used for living and sleeping, but not for cooking or
eating purposes.
(cc) Rubbish. Rubbish is defined in 55.605(2) (b) of this City Code.
(dd) Safe. The condition of being free from danger and hazards which may
cause accidents or disease.
(ee) Story, First. The lowest story in a building which qualifies as a story, as
defined herein, except that a floor level in a building having only one floor
level shall be classified as a first story, provided such floor level is not
more than four feet below grade, as defined herein, for more than fifty
percent of the total perimeter, or more than eight feet below grade, as
defined herein, at any point.
(ff) Unsafe. As applied to a structure, a condition or a combination of
conditions which are dangerous or hazardous to persons or property.
(gg) Unsanitary. Conditions which are dangerous or hazardous to the health of
persons.
(hh) Water Closet. A toilet, with a bowl and trap made in one piece, which is
connected to the City water and sewage system or other approved water
supply and sewer system.
5A.103(2) Whenever the words "dwelling," "dwelling unit," "premises," or "structures"
are used in this Chapter, they shall be construed as though they were
followed by the words "or any part thereof."
Article II Minimum Standards
Section 1: Basic Equipment and Facilities
5A.201 (1) No person shall occupy as an owner-occupant or let to another for
occupancy any dwelling or dwelling unit for the purposes of living,
sleeping, cooking or eating therein which does not comply with the
following requirements, to-wit;
(a) Kitchen Sink. Each dwelling unit must contain a kitchen sink in good
working condition and properly connected to an approved water supply
system and which provides at all times an adequate amount of heated and
unheated running water under pressure and which is properly connected
to the city sewage system.
(b) Kitchen Storage. Each dwelling unit must contain a counter or table for
food preparation and must contain cabinets and/or shelves for storage or
eating, drinking and cooking equipment and utensils and of food that does
not require refrigeration for safekeeping. All cabinets, shelves, counter
tops, and tables shall be of sound construction covered with surfaces that
are easily cleanable and that will not impart any toxic or deleterious effect
to food.
(c) Food Storage and Preparation. Each dwelling unit must contain an
operational and functioning stove for cooking food and a refrigerator for
the safe storage of food which are properly installed with all necessary
connections for safe, sanitary and efficient operation. Such stove or
refrigerator need not be installed when a dwelling unit is not occupied and
when the occupant is required to provide a stove or refrigerator on
occupancy. If the occupant is required to furnish a stove or refrigerator,
sufficient space and adequate functioning connections for the installation
and operation of the stove and refrigerator must exist.
(d) Toilet Facilities. Every dwelling unit shall contain a nonhabitable room
which is equipped with a flush water closet in compliance with 96.201 (1).
Such room shall have an entrance door which affords privacy. Said flush
water closet shall be equipped with easily cleanable surfaces, shall be
connected to an approved water system that at all times provides an
adequate amount of running water under pressure to cause the water
closet to be properly functioning, and shall be connected to the City sewer
system.
(e) Lavatory Sink. Every dwelling unit shall contain a lavatory sink. Said
lavatory sink may be in the same room as the flush water closet, or, if
located in another room, the lavatory sink shall be located in close
proximity to the door leading directly into the room in which said water
closet is located. The lavatory sink shall be in good working and
functioning condition, shall be properly connected to an approved water
system, shall provide at all times an adequate amount of heated and
unheated running water under pressure, and shall be connected to the
City sewer system.
(f) Bathtub or Shower. Every dwelling unit shall contain a nonhabitable room
which is equipped with a bathtub or shower in good working condition.
Such room shall have an entrance door which affords privacy. A bathtub or
shower shall be properly connected to an approved water supply system,
shall provide at all times an adequate amount of heated and unheated
water under pressure, and shall be connected to the City sewer system.
(g) Stairways, Porches and Balconies. Every stairway or flight of stairs,
whether inside or outside of a dwelling, and every porch or balcony shall
be kept in safe condition, sound repair, and free of deterioration. Every
stairwell and every flight of stairs which is four risers or more high shall
have handrails which conform to the standards set forth in 96.201 (1).
Every porch, balcony or deck which is more than thirty (30) inches high
shall have a guardrail located at least thirty-six (36) inches above the floor
of the porch or balcony. Every handrail and guardrail shall be firmly
fastened and maintained in good condition. No flight of stairs shall have
settled out of its intended position or have pulled away from the supporting
or adjacent structures enough to cause a hazard. No flight of stairs may
have rotting, loose or deteriorating supports. The treads and risers of
every flight of stairs, except spiral or winding stairways, shall be essentially
uniform in width and height. Stairways shall be capable of supporting a
live load or one hundred (100) pounds per square foot of horizontal
projection.
(h) Access to Dwelling Unit. Access to or egress from each dwelling unit shall
be provided without passing through any other dwelling unit.
(i All buildings and/or maintenance improvements inspected pursuant to
Chapter 5A, the Housing Maintenance Code, shall be judged and
inspected in accordance with the applicable Uniform Building Code and
Uniform Fire Code, as follows:
(1) Existing Installation. Buildings in existence at the time of the
adoption of the Code may have their use or occupancy continued, if
such use or occupancy was legal at the time of the adoption of the
code, provided such continued use is not dangerous to life.
(2) Maintenance. All buildings and structures, both existing and new,
and all parts thereof, shall be maintained in a safe and sanitary
condition. All devices or safeguards which are required by the
Code shall be maintained in conformance with the code edition
under which installed.
U) All repairs, replacements or maintenance to the structure or dwelling unit
shall be installed or made so as to be compatible with the surrounding
building materials and general appearance of the existing area.
Section 2: Door and Window Locks
5A.202(1) No person shall occupy as an owner-occupant or let to another for
occupancy any dwelling or dwelling unit for the purpose of living, sleeping,
cooking or eating unless all exterior doors of the dwelling or dwelling unit
are equipped with safe and functioning door and window locks which
comply with the following requirements, to wit:
(a) When access to a dwelling unit door is gained through a common corridor
or entrance in a dwelling in which four (4) or more dwelling units share a
common entrance or corridor, an approved system of controlled access
shall be maintained for each multiple family building to control access.
The security system shall consist of locked building entrance or foyer
doors, and locked doors leading from the hallways into individual dwelling
units. Dead-latch type door locks shall be provided with releasable lever
knobs (or doorknobs) on the inside of building entrance doors and with key
cylinders on the outside of the building entrance doors. Building entrance
door-latches shall be of the type that are permanently locked. An
approved lock box with building entry key, boiler room key, laundry and
common area keys, all marked individually accessible to the Fire
Department must be provided for access to the building. The enumerated
keys must be present in the lock box at all times. A communication
system or device such as an intercom, telephone, audible bell or buzzer or
other approved means or making contact with the tenants must be
provided.
(b) Every door that provides ingress or egress for a dwelling unit within a
multiple family unit shall be equipped with an approved lock that has a
dead locking bolt that cannot be retracted by end pressure; provided,
however, that such doors shall be openable from the inside without the
use of a key or any special knowledge or effort.
(c) All ingress, egress and interior doors shall be kept free of holes and/or
punctures.
Section 3: Light, Ventilation, and Electric
5A.203(1) No person shall occupy as an owner-occupant or let to another for
occupancy any dwelling or dwelling unit for the purpose of living, sleeping,
cooking, or eating therein which does not comply with the following
requirements, to wit:
(a) Habitable Room Ventilation. Every habitable room shall have at least one
window facing directly outdoors which can be easily opened unless the
room contains, in lieu thereof, another device affording ventilation which
has been approved by the Building Official. The minimum total of
openable window area in every habitable room shall be the greater of four
percent (4%) of the floor area of the room or four (4) square feet.
(b) Sleeping Room Egress. Sleeping rooms in buildings existing prior to this
code must have window or door openings for egress of no less than four
(4) square feet or the minimum size required by the Building Code in effect
when the dwelling was constructed. Space that is added on or converted
to sleeping rooms must meet the applicable codes at the time of
conversion for habitable rooms and provide a means of egress with
open able area of no less than 5.7 square feet.
(c) Nonhabitable Room Ventilation. Every bathroom, water closet
compartment, laundry room, utility room, or other non habitable room shall
contain a minimum total of openable window area of no less than 1.5
square feet, except that no windows shall be required if such rooms are
equipped with a functioning ventilation system which is approved by the
Building Official.
(d) Electrical Service, Outlets, and Fixtures. Every dwelling unit and all public
and common areas shall be supplied with functioning electrical service,
functioning over current protection devices, functioning electrical outlets,
and functioning electrical fixtures which are properly installed, which shall
be maintained in a safe working condition and which shall be connected to
a source of electric power in a manner prescribed by 96.201 (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: Minimum Thermal Standards
5A.204(1) No person shall occupy as an owner-occupant or let to another for
occupancy any dwelling or dwelling unit, for the purpose of living, sleeping,
cooking or eating therein unless such dwelling or dwelling unit shall have
heating facilities which are properly installed and maintained in safe and
functioning condition, which are capable of safely heating all habitable
rooms, bathrooms and water closet compartments in every dwelling unit
located therein to a temperature of at least seventy (70) degrees
Fahrenheit at a distance of three (3) feet above floor level and at three (3)
feet from exterior walls, and which shall comply with the following
requirements, to-wit:
(a) Gas or electrical appliance designed primarily for cooking or water heating
purposes shall not be considered as heating facilities within the meaning
of this section.
(b) Portable heating equipment employing flame or the use of liquid fuel shall
not be considered as heating facilities within the meaning of this section
and is prohibited.
(c) No owner or occupant shall install, operate or use a space heater
employing a flame that is not vented outside the structure in an approved
manner.
(d) No owner shall supply portable electric heaters to comply with this S
5.204(1 ).
Section 5: Foundation, Exterior Walls, and Roofs
5A.205(1) No person shall occupy as an owner-occupant or let to another for
occupancy any dwelling or dwelling unit for the purpose of living, sleeping,
eating or cooking therein which does not comply with the following
requirements, to-wit;
(a) The foundation, exterior walls and exterior roof shall be water tight and
protected against vermin and rodents and shall be kept in sound condition
and repair. The foundation element shall adequately support the building
at all points. Every exterior wall shall be free of structural deterioration or
any other condition which might admit rain or dampness to the interior
portion of the walls or to the interior spaces of the dwelling. The roof shall
be tight and have no defects which admit rain or roof drainage and shall be
adequate to prevent rain water from causing dampness in the walls. All
exterior surfaces, other than decay resistant materials, shall be covered by
paint or other protective covering or treatment which protects the exterior
surfaces from elements and decay in a functioning manner. If 25% or
more of the total exterior surface of the pointing of any brick, block or
stone wall is loose or has fallen out, the surface shall be protected as
heretofore provided.
(b) Windows, Doors and Screens. Every window, exterior door and hatchway
shall be tight and shall be kept in repair. Every window other than fixed
window shall be capable of being easily opened and shall be equipped
with screens between May 1 and September 30, inclusive, of each year.
Every window, door and frame shall be constructed and maintained in
such relation to the adjacent wall construction as to completely exclude
rain, vermin, rodents, and insects from entering the building.
(c) Floors, Interior Walls and Ceilings. Every floor, interior wall and ceiling
shall be protected against the passage and harborage of vermin and
rodents and shall be kept in sound condition and good repair. Every floor
shall be free of loose, warped, protruding or rotted flooring materials.
Every interior wall and ceiling shall be maintained in a tight weatherproof
condition and may not be covered wholly or partially by toxic paint or
materials with a lasting toxic effect. Every toilet room and bathroom floor
surface shall be capable of being easily maintained in a clean state.
(d) Rodent Proof. Each part of every dwelling shall be rodent resistant. All
openings in exterior walls, foundations, basements, ground or first floors or
roofs which have an opening of %" diameter or larger shall be rodent-
proofed in an approved manner. interior floors, basements, cellars and
other areas in contact with the soil shall be enclosed with concrete or other
rodent impervious material.
(e) Fence Maintenance. All fences on the premises where the dwelling or
dwelling unit is located shall be maintained in accordance with ~6.401 to
~6.403, inclusive, of this City Code.
(f) Accessory Structure Maintenance. Accessory structures on the premises
where the dwelling or dwelling unit is located shall be structurally sound
and maintained in good repair. The exterior of such structures shall be
covered with decay-resistant materials such as paint or other
preservatives.
(g) Safe Building Elements. Every foundation, roof, floor, exterior wall, interior
wall, ceiling, inside stair, outside stair, porch, balcony and every
appurtenance to each of the foregoing shall be oaf e to use and capable of
supporting normal structural loads.
(h) Facilities to Function. All equipment, utilities, chimney and flue required
under City Code shall function effectively in a safe, sound and working
condition.
Section 6: Maximum Density and Minimum Space for Rental Units
5A.206(1) No person shall rent or let to another for occupancy any rental dwelling for
the purpose of living, sleeping, eating or cooking therein which does not
comply with the following requirements, to-wit:
(a Permissible Occupancy of Dwelling Unit. The maximum permissible
occupancy of any rental dwelling unit shall be determined as follows:
(1) For the first occupant, 150 square habitable room floor space and
for every additional occupant thereof, at least 100 square feet of
habitable room floor space.
(2) In no event shall the total number of occupants exceed two times
the number of habitable rooms, less kitchen, in the dwelling unit.
5A.206(2) No person shall occupy as an owner-occupant or let to another for
occupancy any dwelling unit for occupancy by more than one family, other
than for temporary guests.
Section 7: Screening and Landscaping
5A.207(1) No person shall occupy as an owner-occupant or let to another for
occupancy any dwelling or dwelling unit for the purpose of living, sleeping,
eating or cooking therein which does not comply with the requirements of
this S5A.207
(a) Definitions. For the purposes of this Section, the following terms shall
have the meanings stated:
(1) Fence. Any partition, structure, wall, or gate erected as a divided
marker, barrier, or enclosure, and located along the boundary or
within the required yard.
(2) Landscape. Site amenities, including trees, shrubs, ground covers,
flowers, fencing, berms, retaining walls, and other outdoor
finishings.
(3) Mechanical Equipment. Heating, ventilation, exhaust, air
conditioning, and communication units integral to and located on
top beside, or adjacent to a building.
(4) Retaining Wall. A wall or structure constructed of stone, concrete,
wood, or other materials, used to retain soil, as a slope transition, or
edge of a plating area.
(5) Screening. A barrier which blocks all views from public roads and
differing land uses to off-street parking areas, loading areas, service
and utility areas, and mechanical equipment.
(b) Every yard of any premises on which a dwelling or dwelling unit is located
shall have installed and maintained landscaping in accordance with the
provisions of this section.
(1) Sodding and Ground Cover. All exposed ground area surrounding
he principle building and accessory buildings, which are not
devoted to driveways, parking areas, sidewalks, or patios, shall be
sodded or landscaped with shrubs, trees, gardens, or other
ornamental landscape materials. No landscaped area shall be
used for the parking of vehicles or storage or display of materials,
supplies or merchandise.
(2) Slopes and Berms. Final grades with a slope ratio of greater than
three (3) to one (1) will not be permitted without special approved
treatment such as special weed mixtures or reforestation, terracing,
or retaining walls. Berming used to provide required screening of
parking lots and other open areas shall not have slopes in excess of
three (3) to one (I).
(3) Maintenance. Any dead trees, shrubs, ground covers and sodding
shall be replaced in accordance with this code. All tiees or other
vegetation which spring up in crevices by foundations must be
promptly removed to avoid structural damage.
(4) Placement of Plant Materials. No landscaping shall be allowed
within any drainage utility easements, road right-of-way, or
immediately adjacent to any driveway or road intersection if such
landscaping would interfere with a motorist's view of the street or
roadway or with the use of the easement for its intended purpose.
(5) Weeds. The maintenance and upkeep of all lawns and yards shall
be subject to Chapter 4, Article II, Section 3 of the Columbia
Heights City Code, which is incorporated herein by reference.
(c) General Screening. All loading, service utility, mechanical equipment, and
outdoor storage areas, including dumpsters and refuse containers for
dwellings of three (3) or more units shall be screened from all public roads
and adjacent residential uses of property. All parking lots for dwellings of
three (3) or more units if the property on which the lot is located abuts a
differing land use and is not separated from the differing land use by a
public street, roadway or alley shall be screened from adjacent differing
land uses. Screening shall consist of any combination of the earth
mounds, walls, fences, shrubs, compact evergreen trees, or dense
deciduous hedge six (6) feet in height. Hedge materials must be at least
three (3) feet in height, and trees must be at least six (6) feet in height at
planting. The height and depth of the screening shall be consistent with
the height and size of the area for which screening is required. When
natural materials, such as trees or hedges, are used to meet the screening
requirements of this sub-section, density and species of planting shall be
such to achieve seventy-five (75) percent capacity year-round.
(d) Other Parking Lot Screening. All parking lots for dwellings of three (3) or
more units which are not required to be screened pursuant to
S5A.207(1 )(c) must either provide screening pursuant to S5A.207 (1) (c) or
provide a minimum on one deciduous tree for every forty-five (45) feet or
portion thereof of parking lot perimeter planted adjacent to the nearest
roadway abutting the property on which the parking lot is located.
(e) Fences. All fences and screening devices shall be built and regulated in
accordance with Chapter 6, Article IV of the Columbia Heights City Code,
which is incorporated herein by reference.
(f) Outside storage of articles, equipment, construction materials, items not
designed for exterior use, and miscellaneous items, including but not
limited to, lawn mowers and other lawn maintenance equipment shall not
be allowed. A weather tight, rodent-proof storage building or shed must be
constructed for storage of items not storable within the building.
(g) Variances under S5A.207 shall be enforced and administered in
accordance with S5A.208(2).
Section 8: Exterior Parking, Pedestrian Walkways and Lighting.
5A.208(1) No person shall occupy as an owner-occupant or let to another for
occupancy and dwelling or dwelling unit for the purposes of living,
sleeping, cooking or eating therein which is located on premises which
does not comply with the following requirements, to-wit:
(a) Required off-street parking as defined in Section 9.116(4) of the City
Code. Additionally, any building or structure in existence upon the
effective date of this Ordinance which does not currently comply with the
parking requirements of Section 9.116(4), but does have the necessary
space to provide the required parking shall be required to expand the
provided parking in accordance with the Code by July 1, 1998.
(b) The required parking space must have a minimum width of 9 feet and a
minimum length of 20 feet.
(c) All required parking spaces must be surfaced with asphalt or concrete.
(d) Curb guards and/or guardrails must be provided for parking spaces
situated above retaining walls.
(e) An unobstructed path must be provided between parking areas and the
dwelling unit.
(f) Lighting must be provided for parking areas and walkways between the
parking area and the dwelling unit in dwellings consisting of three (3) or
more units. Lighting must be available for parking areas and walkways.
Between the parking area and the dwelling unit for dwellings of two (2) or
less units.
(g) In dwellings of three (3) or more units, parking areas and pedestrian
walkways must have a minimum light of 1 foot candle, and the maximum
light at the boundary line of the premises may not exceed 3 foot candles.
(h) Driveways leading to parking areas and/or access ways to buildings must
be maintained and kept in good repair. In cases of tenant parking areas
all parking stalls and driveways with access to tenant parking shall be hard
surfaced with asphalt or concrete by July 1, 1998.
(i) Commercial Vehicles and Junk Cars. Commercial Vehicles and junk cars
shall be regulated in accordance with Chapter 7, Article II, Section 5 of the
Columbia Heights City Code, which is incorporated herein by reference.
5A.208 (2) Variances under S5A.207 and S5A.208 shall be enforced and administered
in accordance with S9.105. The criteria contained in S9.1 05(3)(d) shall be
applied in deciding whether or not an applicant is entitled to a variance.
Section 9: Fire Safety
5A.209 (1) No person shall occupy as an owner-occupant or let to another for
occupancy and dwelling or dwelling unit for the purposes of living,
sleeping, cooking or eating therein which does not comply with the
following requirements, to-wit;
(a) Every existing dwelling unit shall be provided with smoke detectors
conforming to U.B.C. Standard No. 43-6. Detectors shall be mounted on
the ceiling or wall at a point centrally located in the corridor or area giving
access to rooms used for sleeping purposes. Where sleeping rooms are
on an upper level, the detectors shall be placed at the center of the ceiling
directly above the stairway. All detectors shall be located in accordance
with approved manufacturer's instructions. When actuated, the detector
shall provide an alarm in the dwelling unit or guest room.
(b) In new construction of any dwelling unit and in common hallways and
other common areas of existing units, required smoke detectors shall
receive their primary power from the building wiring when such wiring is
served from a commercial source. Wiring shall be permanent and without
a disconnecting switch other than those required for over current
protection.
(c) No person, firm, or corporation shall tamper with any smoke detection
device. Any person, firm, or corporation proven to have tampered with any
smoke detection device shall be guilty of a misdemeanor and upon
conviction thereof, shall be subject to a fine of not more than two hundred
($200.00) dollars.
Section 10: Discontinuance of Service or Facilities.
5A.21 0(1) No owner, operator or occupant shall cause any service, facility equipment
or utility which is required under this Ordinance to be removed from or shut
off from or discontinued for any occupied dwelling or dwelling unit except
for temporary interruptions as may be necessary while actual repairs or
alterations are made or during temporary emergencies.
Section 11: Public Health and Safety
5A.211 (1) Rodent Harborages Prohibited in Occupied Areas. No occupant of a
dwelling or dwelling unit shall accumulate boxes, lumber, scrap metal, or
any other similar materials in such a manner that may provide a rodent
harborage in or about any dwelling or dwelling unit.
5A.211 (2) Rodent Harborages Prohibited in Public Areas. No owner of a dwelling
containing two or more dwelling units shall accumulate or permit the
accumulation of boxes, lumber, scrap metal or any other similar materials
in such a manner that may provide a rodent harborage in or about shared
or public areas of a dwelling or its premises.
5A.211 (3) Prevention of Food for Rodents. No owner or occupant of a dwelling or
dwelling unit shall store, place, or allow to accumulate any materials that
may serve as food for rodents in a site accessible to rodents.
5A.211 (4) Sanitary Maintenance of Fixtures and Facilities. Every occupant of a
dwelling unit shall keep all supplied fixtures and facilities therein in a clean
and sanitary condition and shall be responsible for the exercise of
reasonable care in the proper use and operation thereof.
5A.211 (5) Responsibility for Pest Extermination. Every occupant of a dwelling
containing a single dwelling unit shall be 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 Access
5A.302 (1) If an owner, occupant or other person in charge of a dwelling, dwelling unit
or of a multiple dwelling fails or refuses to permit free access and entry to
the structure or premises, or any part thereof, for an inspection authorized
by this Ordinance, the Enforcement Official may, upon a showing that
probable cause exists for the inspection or for the issuance of an order
directing compliance with the inspection requirements of this section with
respect to such dwelling, dwelling unit or multiple dwelling, petition and
obtain an order to inspect and/or search warrant from court of competent
ju risd iction.
Section 3: Inspections
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 section 5A.303(2).
5A.303 (2) Inspections on individual dwelling units shall be required for tenant
occupancy changes under the following conditions;
(a) During each of the past two years that the owner or landlord has applied
for license renewal, they have failed to correct Housing Maintenance Code
violations on a timely basis, as evidenced by two written Compliance
Orders by the Inspection Department or Enforcement Officer of the City of
Columbia Heights; or
(b) During the past year, two or more tenant complaints on single
family/duplex/triplex have been received or four or more tenant complaints
on a four-plex or other multiple dwelling have been received and
substantiated (Housing Maintenance Code violations were issued based
on the complaints). Multiple complaints arising out of the same
maintenance problem, which occur within a period of one week, shall be
considered to be one complaint for the purposes of this Section.
If anyone of the above set forth conditions occur, the City Inspections
Department will notify the landlord, in writing, that the landlord will be
hence forth required to have the building inspected upon each tenant
occupancy change. It will also be the responsibility of the landlord to
provide a list of current occupants and a 72 hour notification of a new
tenant move-in. The tenant occupancy change inspections shall occur for
a period of one year from the date of notification by the City Inspections
department, however, that time shall be extended if any of the above set
forth conditions continue to exist.
Section 4: Compliance Order
5A.304(1) Whenever the Enforcement Officer determines that any dwelling, dwelling
unit or the premises surrounding any of these fails to meet the provisions
of this Ordinance, he/she may issue a Compliance Order setting forth the
violations of the Ordinance and ordering the owner, occupant, operator, or
agent to correct such violations. The Compliance Order shall:
(a) Be in writing;
(b) Describe the location and nature of the violations of this Code;
(c) Establish a reasonable time not greater than 6 months for the correction of
such violation and advise the person to whom the notice is directed of the
right to appeal; and
(d Be served upon the owner of his/her agent or the occupant, as the case
may require. Such notice shall be deemed to be properly served upon
such owner or agent, or upon such occupant, if a copy thereof is:
(1) Served upon him/her personally,
(2) Sent by certified mail return receipt requested to his/her last known
address, or,
(3) Upon failure to effect notice through (i) and (ii) as set out in this
section, posted at a conspicuous place in or about the dwelling
which is affected by the notice.
5A.304(2) Upon correction of all Housing Maintenance Code violations as set forth in
the Compliance Order, the City Inspections Department shall, upon
request of the owner or landlord, issue a written statement that all
violations have been corrected in accordance with the Columbia Heights
Housing Maintenance Code.
Section 5: Posting to Prevent Occupancy
5A.305(1) The Enforcement Official may post any building or structure covered by
this ordinance an being in direct violation of the ordnance preventing
further occupancy. Posting will occur if any owner, agent, licensee or
other responsible person has been notified by inspection report of the
items which must be corrected within a certain stated period of time and
that the corrections have not been made. Current occupants shall have
not more than 60 days to vacate a posted property. Current occupants
shall vacate posted property immediately if such occupancy will cause
imminent danger to the health or safety of the occupants. No person,
other than the Enforcement Official or his representative, shall remove or
tamper with any placard used for posting. No person shall reside in,
occupy or cause to be occupied any building, structure or dwelling which
has been posted to prevent occupancy.
"Section 6: Right of Appeal
5A.306(1) When a person to whom a Compliance Order is directed alleges that such
Compliance Order is based upon erroneous interpretation of the Ordnance
or upon a misstatement or mistake of fact, such person may appeal as set
forth in 96.202(1).
Section 7: Board of Appeals
5A.307(1) Upon at least five (5) business days notice to the appellant of the time and
place for hearing the appeal and within 30 days after said appeal is filed,
the Board of Appeals shall hold a hearing thereon. All hearing notices
shall be given in the same manner prescribed for giving notice of
Compliance Orders under 5A.303(1). All appeals shall be conducted in
accordance with Sec. 203, Uniform Housing Code, 1985 edition,
International Conference of Building Officials.
Article IV Licensing
Section 1: License Required
5A.401 (1) No person, firm or corporation shall operate a rental dwelling in the City
without having first obtained a license as hereinafter provided from the
Building Official. Each such license shall register annually with the City. If
the license in denied, no occupancy of dwelling units then vacant or which
become vacant is permitted until a license has been issued. Apartment
units within an unlicensed apartment building for which a license
application has been made and which units are in compliance with this
Chapter 5A and with 96.202(1) may be occupied provided that the
unlicensed units within the apartment building do not create a hazard to
the health and safety of persons in occupied units.
Section 2: License Procedures
5A.402(1) Within 180 days after the passage of Chapter 5A, the owner of any rental
unit within the City shall apply to the Building Official for a rental housing
license in the manner hereafter prescribed.
(a) Application shall be made on forms provided by the City and accompanied
by the initial fee in an amount set by resolution of the City Council. The
owner of an apartment building or rental home constructed after the date
of passage of this Ordinance shall obtain a license prior to actual
occupancy of any rental unit therein.
(b Applicants shall provide the following information on license applications:
(1) Name and address of owner of the rental dwelling and the name
and address of the operator or agent actively managing said rental
dwelling.
(2) The name and address of the vendee if the rental dwelling is being
sold on a contract for deed.
(3) The legal description and address of the rental dwelling.
(4) The number and kind of units within the rental dwelling, the floor
area for each such unit and the total floor area for the building.
(5) The number of toilet and bath facilities shared by the occupants of
two or more dwelling units.
(6) A description of the type of construction of the exterior of the
building.
(7) The number of paved off-street parking spaces available.
(8) Name and address of person to whom owner/applicant wishes a
certified letter to be sent for purposes of ~5A.303 (1 )(d).
(9) All owners of rental dwellings shall provide telephone access
number(s) to be used in emergency situations, including emergency
maintenance and repair. This requirement shall be a condition
precedent to the issuance of any rental license.
(10) Such other information as the administrative service shall require.
Said information may include, but is not limited to tenant lists which
include tenants name, unit, and identifying information (Le. 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
5AA04(1) If the rental dwelling is in compliance with the requirements of the Code, a
license shall be issued to the present owner, occupant or agent shall state
that the structure has been inspected and is in compliance with the
requirements of the Code. The present owner or any agent designated by
the present owner or occupant shall obtain a license. If the City finds that
the circumstances of occupancy following the issuance of the license
involve possible Code violations, substandard maintenance or abnormal
wear and tear, the City may again inspect the premises during the
licensing period.
5A.404(2) The City may by Council resolution establish a reinspection fee. If a
dwelling unit is not currently licensed, no license may be issued until all
outstanding reinspection fees shall have been paid. If a dwelling unit is
licensed, the license for such dwelling unit shall expire twenty (20) days
after the licensee or his agent is notified of the outstanding reinspection
fees, unless payment is made before the expiration of the twenty (20) day
period.
Section 5: License Display
5A.405(1) A license issued under this Chapter shall be conspicuously displayed on
the rental premises wherever feasible. The licensee shall promptly
produce the license upon demand or a prospective tenant or the Building
Official or his/her authorized representative.
Section 6: License Transfer
5A.406(1) The license is transferable upon application to the Building Official and
payment of the license transfer fee by the prospective owner if the
licensed premises is in compliance with the Code. The license shall
terminate if renewal or application for transfer is not made within 30 days
after transfer of ownership of the dwelling unit. The amount of the transfer
shall be set by resolution of the Council.
Section 7: License Renewal
5A.407(1) All rental licenses shall be effective for a period of one year. However,
renewal of licenses, as required annually by this Code, may be made by:
(a) Completing the renewal form furnished to the owner, operator, or agent of
the rental dwelling, by the City Inspection Department, and
(b) Attendance by the landlord or property manager at three or more hours of
continuing education relevant to the operation or management of rental
property during the last year. The City Council shall set by resolution, the
types of continuing education meeting this requirement; and
(c) Mailing the renewal form together with proof of completion of three hours
of training and the required registration fee to the City Inspection
Department, and
(d) Successful completion of the annual Housing Maintenance Code
inspection as required by Section 5A.303 (1) of this Ordinance.
Such renewal shall only be effective upon successful completion of all the
above set forth requirements. Further, said renewal or registration may be
made only when no change in ownership, operation, agency or type of
occupancy of the rental dwelling has occurred in the last licensing year.
Section 8: Suspension or Revocation
5A.408(1) A license issued or renewed under this section may be revoked or
suspended upon a finding of noncompliance with the provisions of this
Chapter. Reinstatement of a suspended license shall be accompanied by
an amount equal to 50% of the license fee. Issuance of a new license
after suspension or revocation shall be made in the manner provided for
obtaining an initial license.
5AA08(2) The Council may, for cause, revoke or suspend a license, or take other
action restricting the privileges of a license subject to the following
requirements:
(a) The City, through its Enforcement Officer, provide the licensee with a
written statement or reasons or causes for the proposed Council action
together with a notice for public hearing.
(b) The council shall conduct a public hearing on the proposed action and
provide findings of fact and citations to any ordinances or regulations that
have been violated, together with a statement of action taken and the
conditions of any resulting revocation, suspension, or other action
restricting the privileges of the licensee.
(c) The Enforcement Officer shall forward the findings and statement of action
taken to the person in whose name said license was issued by mailing the
same to the mailing address indicated on the license application.
5AA08(3) A violation of any provision of this chapter or of state law, prescribing
standards of conduct or regulations governing a licensee; the particular
type of business or commercial activity or trade or occupation that is
licensed; or the premises where the licensed activity is conducted; shall be
a prima facie showing of cause for revocation, suspension, or other action
restricting the privileges of a licensee as the council may determine.
5AA08(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
5AA09(1) License fees, inspection fees, and reinspection fees shall be established
by Council resolution.
Section 10: Conduct on licensed Premises
5A.41 0 (1) It shall be the responsibility of the licensee to take appropriate action
following conduct by persons occupying the premises which is determined
to be disorderly, in violation of any of the following statutes or ordinances:
(a) MN Stat. ~609.75 through 609.76, which prohibit gambling;
(b) MN Stat. ~609.321 through 609.324 which prohibit prostitution and acts
relating thereto;
(c) MN Stat. S 1 52.01 through 152.025, and S 1 52.027, subds. I and 2,
which prohibit the unlawful sale or possession of controlled substances;
(d) MN Stat. S340A.401, which prohibits the unlawful sale of alcoholic
beverages;
(e) MN Stat. S609.33, which prohibits owning, leasing, operating, managing,
maintaining, or conducting a disorderly house or inviting or attempting to
invite others to visit or remain in a disorderly house;
(f) Section 10.312 of this code, which prohibits noisy assemblies;
(g) MN Stat. S978.021, 978.045, 609.66 through 609.67 and 624.712 through
624.716, and section 10.307 of this code, which prohibit the unlawful
possession, transportation, sale or use of a weapon; or
(h), MN Stat. S609.72, which prohibits disorderly conduct.
(i) MN Stat. S609.221 through 609.224, which prohibits assaults, including
domestic assault as defined in MN Stat. S 5188.01.
U) Violation of laws relating to contributing to need for protection or services
or delinquency of a minor as defined in MN Stat. S260.315.
(k) Section 8.201 et al. Of this Ordinance which relates to animal noises and
public nuisances.
5A.410(2) The Police Chief (Department) shall be responsible for enforcement and
administration of this section.
5A.41 0(3) Upon determination by the Police Chief (Department) that a licensed
premises was used in a disorderly manner, as described in section (1), the
Police Chief (Department) shall notify the licensee by mail of the violation
and direct the licensee to take steps to prevent further violations.
5A.41 0(4) If another instance of disorderly use of the licensed premises occurs within
three (3) months of an incident for which a notice in subsection (3) was
given, the Police Chief (Department) shall notify the licensee by mail of the
violation and shall also require the licensee to submit a written report of
the actions taken, and proposed to be taken, by the licensee to prevent
further disorderly use of the premises. This written report shall be
submitted to the Police Chief (Department) within 5 days of receipt of the
notice of disorderly use of the premises and shall detail all actions taken
by the licensee in response to all notices of disorderly use of the premises
within the preceding three (3) months. If the licensee fails to comply with
the requirements of this subsection, the rental dwelling license for the
premises may be denied, revoked, suspended, or not renewed. An action
to deny, revoke, suspend, or not renew a license under this section shall
be initiated by the City Council at the request of the Police Chief
(Department) in the manner describe( in Sections 5A.40B (1) through
5A.40B (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.40B (1)
through 5A.40B (4).
5A.410(6) No adverse license action shall be imposed where the instance or
disorderly use of a licensed premises occurred during the pendency of
eviction proceedings (unlawful detainer) or within thirty (30) days of notice
given by the licensee to a tenant to vacate the premises, where the
disorderly use was related to conduct by that tenant or by other occupants
or guests of the tenant's unit. Eviction proceedings shall not be a bar to
adverse license action, however, unless they are diligently pursued by the
licensee. Further, an action to deny, revoke, suspend, or not renew a
license based upon violations of this section may be postponed or
discontinued at any time if it appears that the licensee has taken
appropriate measures which will prevent further instances of disorderly
use.
5A. 410(7) A determination that the licensed premises has been used in a disorderly
manner as described in subsection (1) shall be made upon substantial
evidence to support such a determination. It shall not be necessary that
criminal charges be brought to support a determination of disorderly use,
nor shall the fact of dismissal or acquittal of criminal charges operate as a
bar to adverse license action under this section.
Article V: Remedies
Section 1: Hazardous Building Declaration
5A.501 (1) In the event that a dwelling has been declared unfit for human habitation
and the owner has not remedied the effects within a prescribed reasonable
time, the dwelling may be declared a hazardous building and treated in
accordance with the provisions of Minnesota Statutes.
Section 2: Secure Unfit and vacated Dwellings
5A.502(1) The owner of any dwelling or dwelling unit which has been declared unfit
for human habitation or which is otherwise vacant for a period of 60 days
or more shall make the same safe and secure so that it is not hazardous to
the health, safety and welfare of the public and does not constitute a public
nuisance. Any vacant dwelling open at the doors, windows or other wall
openings, if unguarded, shall be deemed to be a hazard to the health,
safety and welfare of the public and shall constitute a public nuisance
within the meaning of this Code.
Section 3: Failure to Comply
5A.503(1) Upon failure to comply with a Compliance order within the time set therein,
and no appeal having been taken, or upon failure to comply with a
modified Compliance Order within the time set therein, the criminal penalty
established hereunder notwithstanding, the City Council, 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 S5A.501 to 5A.503, inclusive, are in
addition to the remedies or penalties prescribed under S5A.601 to 5A.611,
inclusive.
Article VI: Penalties
5A.60 1
No person, firm, corporation, or licensee shall own and maintain or operate
or rent to any other person for occupancy any rental dwelling, rental
dwelling unit, or premises in which a rental dwelling unit is located in
violation of Chapter 5A, Article II (S5A.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 dv:elling 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 occupancy for a period during which the dwelling or
dwelling unit is not license pursuant to this Chapter.
No person, firm, corporation or licensee shall refuse or fail to allow the
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 (S5A.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 S5A.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 said misdemeanor they shall be
subject to a fine of not more than seven hundred dollars ($700.00) or to
imprisonment not to exceed ninety (90) days, or both, for each offense.
Each day that a violation exists shall constitute a separate offense.
Shall hereafter read as follows, to wit:
Chapter SA RESIDENTIAL MAINTENANCE CODE
Article I General Provisions
Section 1: Statement of Purpose
5A.1 01 (1) 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;
(a) To protect the character and stability of residential areas within the city;
(b) To correct and prevent housing conditions that adversely affect or are
likely to adversely affect the life, safety, general welfare, and health;
(c) To provide minimum standards for heating, for sanitary equipment and for
light and ventilation necessary to protect the health and safety of
occupants of building;
(d) To prevent the overcrowding of dwellings;
(e) To provide minimum standards for the maintenance of existing residential
buildings and to thus prevent substandard housing and blight;
(f) To preserve the value of land and buildings throughout the city.
5A.1 01 (2) With respect to disputes between landlords and tenants, and except as
otherwise specifically provided by terms of this Ordinance, the City Council
will not intrude upon the accepted contractual relationships between
landlords and tenants. The City Council will not intervene as an advocate
of either party, nor will it act as an arbiter, nor will it be receptive to
complaints from landlords or tenants which are not specifically and clearly
relevant to the provisions of this Code. In the absence of such relevancy
with regard to rental disputes, it is intended that the contracting parties
exercise such legal sanctions as are available to them without the
intervention of City government. In enacting this Code, the Council does
not intend to interfere or permit interference with legal rights to personal
privacy.
Section 2: Applicability
5A.1 02(1) This Code establishes minimum standards for maintaining dwellings,
accessory structures and premises. This Code is intended to provide
standards for housing. Applicable requirements shall apply to all
apartment units, homes, accessory structures, rooming houses, lodging
and/or boarding houses and house trailers used or intended for use for
human habitation.
Section 3: Definitions
5A.1 03(1) The following definitions shall apply in the interpretation and enforcement
of this Code, to wit;
(a) Accessory Structure. A structure subordinate to the main or principal
dwelling or dwellings which is not authorized to be used for living or
sleeping by human occupants and which is located on or partially on the
premises.
(b) Apartment Unit. Apartment, apartment unit, dwelling unit, or unit means a
room or group of rooms located within a building which form a single
habitable unit with facilities which are used or are intended to be used for
living, sleeping, cooking or eating.
(c) Approved. An indication that an item meets construction, installation, and
maintenance standards of the State of Minnesota and of this Code.
(d) Basement. Any floor level below the first story in a building, except that
floor level in a building having only one floor level shall be classified as a
basement unless such floor level qualifies as a first story as defined
herein.
(e) Building. Any structure having a roof which may provide shelter or
enclosure for persons, animals, or chattels, and, when said structure is
divided by party walls without openings, each portion of such building so
separated shall be deemed a separate building.
(f) Clean. The absence of rubbish, garbage, vermin or other unsightly,
offensive or extraneous matter.
(g) Dwelling. A structure or portion thereof designed exclusively for residential
occupancy, including boarding and lodging houses, but not including
hotels and motels.
(h) Dwelling Unit. Dwelling unit has the same meaning as apartment unit
(within this Code).
(i) Exit. A continuous and unobstructed means of egress to a public way and
shall include intervening doors, doorways, corridors, ramps, stairways,
smoke-proof enclosures, horizontal exits, exit passageways, exit courts
and yards.
U) Family. An individual, or two or more persons each related by blood,
marriage, adoption, or foster children, living together as a single
housekeeping unit; or a group of not more than four persons not so
related, maintaining a common household and using common cooking and
kitchen facilities.
(k) Functioning. In such physical condition as to safely perform the service or
services for which an item is designed or intended.
(I) Garbage. Garbage is defined in 5.605(2)(a).
(m) Habitable. A dwelling unit or part thereof that meets minimum standards
for use as a home or place of abode by one or more persons.
(n) Hot Water. Water heated to a temperature of not less than 110 degrees
Fahrenheit, measured at faucet outlet.
(0) Housing Code. Section 5A of this Code together with the Uniform Housing
Code, 1985 Edition, as amended, International Conference of Building
Officials.
(p) Housing Enforcement Officer. Agent designated by the City Manager to
enforce provisions of the Residential Maintenance Code.
(q) Infestation. The presence within or around a dwelling or dwelling unit of
any insect, rodent, vermin or other pest.
(r) Kitchen. A habitable room within a dwelling unit intended to be used for
the cooking of food or preparation of meals.
(s) Occupant. Any person (including owner or operator) living, sleeping,
cooking or eating within a dwelling unit.
(t) Owner. Any person, firm or corporation who, alone, jointly or severally
with others, shall be in actual possession of, or have charge, care control
of any dwelling, dwelling unit, or rooming unit within the City as owner,
employee or agent of the owner, or as trustee or guardian of the estate or
person of the title holder. Also, any person, firm or corporation who has
the right to determine who occupies a rental structure (even though that
right may be subject to a lease or rental agreement), or a person, firm,
corporation who shall have the power to rent or let premises to another for
purposes of this Code.
(u) Person. Any individual, firm, partnership, association, corporation,
company or a joint venture or organization of any kind.
(v) Premises. A platted lot or part thereof or unplatted parcel of land, and
adjacent right-of -way either occupied or unoccupied by any dwelling or
structure.
(w) Public Hall. A hall, corridor or a passageway for providing egress from a
dwelling unit to a public way and not within the exclusive control of one
family.
(x) Rental Dwelling. Any dwelling for hire with one or more living units, except
such dwellings for which all units are occupied by the owner or persons
who are the owner's child, stepchild, daughter-in-law, son-in-law, parent,
stepparent, parent-in-law, grandchild, grandparent, brother, brother-in-law,
sister, sister-in-law, aunt or uncle. Rental dwellings for purposes of this
Code do not include hotels, motels, hospitals or homes for the aged.
(y) Repair. Repair shall mean to restore to a sound, acceptable state of
operation, serviceability or appearance. Repairs shall be expected to last
as long as with the replacement by new items.
(z) Rodent Harborage. A place where rodents commonly live, nest, or
establish their habitat.
(aa) Replace or Replacement. To remove an existing or portion of a system
and to construct or install a new item or a quality similar to that of the
existing item when it was new. Replacement ordinarily takes place when
repair of the item is impractical.
(bb) Rooming Houses. Any group of rooms which form single habitable units
used or intended to be used for living and sleeping, but not for cooking or
eating purposes.
(cc) Rubbish. Rubbish is defined in 55.605(2) (b) of this City Code.
,
(dd) Safe. The condition of being free from danger and hazards which may
cause accidents or disease.
(ee) Story, First. The lowest story in a building which qualifies as a story, as
defined herein, except that a floor level in a building having only one floor
level shall be classified as a first story, provided such floor level is not
more than four feet below grade, as defined herein, for more than fifty
percent of the total perimeter, or more than eight feet below grade, as
defined herein, at any point.
(ff) Unsafe. As applied to a structure, a condition or a combination of
conditions which are dangerous or hazardous to persons or property.
(gg) Unsanitary. Conditions which are dangerous or hazardous to the health of
persons.
(hh) Water Closet. A toilet, with a bowl and trap made in one piece, which is
connected to the City water and sewage system or other approved water
supply and sewer system.
5A.103(2) Whenever the words "dwelling," "dwelling unit," "unit," "premises," or
"structures" are used in this Chapter, they shall be construed as though
they were followed by the words "or any part thereof."
Article II Minimum Standards
Section 1: Basic Equipment and Facilities
5A.201 (1) No person shall occupy as an owner-occupant or let to another for
occupancy any dwelling or dwelling unit for the purposes of living,
sleeping, cooking or eating therein which does not comply with the
following requirements, to-wit;
(a) Kitchen Sink. Each dwelling unit must contain a kitchen sink in good
working condition and properly connected to an approved water supply
system and which provides at all times an adequate amount of heated and
unheated running water under pressure and which is properly connected
to the city sewage system.
(b) Kitchen Storage. Each dwelling unit must contain a counter or table for
food preparation and must contain cabinets and/or shelves for storage or
eating, drinking and cooking equipment and utensils and of food that does
not require refrigeration for safekeeping. All cabinets, shelves, counter
tops, and tables shall be of sound construction covered with surfaces that
are easily cleanable and that will not impart any toxic or deleterious effect
to food.
(c) Food Storage and Preparation. Each dwelling unit must contain an
operational and functioning stove for cooking food and a refrigerator for
the safe storage of food which are properly installed with all necessary
connections for safe, sanitary and efficient operation. Such stove or
refrigerator need not be installed when a dwelling unit is not occupied and
when the occupant is required to provide a stove or refrigerator on
occupancy. If the occupant is required to furnish a stove or refrigerator,
sufficient space and adequate functioning connections for the installation
and operation of the stove and refrigerator must exist.
(d) Toilet Facilities. Every dwelling unit shall contain a nonhabitable room
which is equipped with a flush water closet in compliance with S6.201 (1).
Such room shall have an entrance door which affords privacy. Said flush
water closet shall be equipped with easily cleanable surfaces, shall be
connected to an approved water system that at all times provides an
adequate amount of running water under pressure to cause the water
closet to be properly functioning, and shall be connected to the City sewer
system.
(e) Lavatory Sink. Every dwelling unit shall contain a lavatory sink. Said
lavatory sink may be in the same room as the flush water closet, or, if
located in another room, the lavatory sink shall be located in close
proximity to the door leading directly into the room in which said water
closet is located. The lavatory sink shall be in good working and
functioning condition, shall be properly connected to an approved water
system, shall provide at all times an adequate amount of heated and
unheated running water under pressure, and shall be connected to the
City sewer system.
(f) Bathtub or Shower. Every dwelling unit shall contain a nonhabitable room
which is equipped with a bathtub or shower in good working condition.
Such room shall have an entrance door which affords privacy. A bathtub or
shower shall be properly connected to an approved water supply system,
shall provide at all times an adequate amount of heated and unheated
water under pressure, and shall be connected to the City sewer system.
(g) Stairways, Porches and Balconies. Every stairway or flight of stairs,
whether inside or outside of a dwelling, and every porch or balcony shall
be kept in safe condition, sound repair, and free of deterioration. Every
stairwell and every flight of stairs which is four risers or more high shall
have handrails which conform to the standards set forth in S6.201 (1).
Every porch, balcony or deck which is more than thirty (30) inches high
shall have a guardrail located at least thirty-six (36) inches above the floor
of the porch or balcony. Every handrail and guardrail shall be firmly
fastened and maintained in good condition. No flight of stairs shall have
settled out of its intended position or have pulled away from the supporting
or adjacent structures enough to cause a hazard. No flight of stairs may
have rotting, loose or deteriorating supports. The treads and risers of
every flight of stairs, except spiral or winding stairways, shall be essentially
uniform in width and height. Stairways shall be capable of supporting a
live load or one hundred (100) pounds per square foot of horizontal
projection.
(h) Access to Dwelling Unit. Access to or egress from each dwelling unit shall
be provided without passing through any other dwelling unit.
(i) All buildings and/or maintenance improvements inspected pursuant to
Chapter 5A, the Residential Maintenance Code, shall be judged and
inspected in accordance with the applicable Uniform Building Code and
Uniform Fire Code, as follows:
(1) Existing Installation. Buildings in existence at the time of the
adoption of the Code may have their use or occupancy continued, if
such use or occupancy was legal at the time of the adoption of the
code, provided such continued use is not dangerous to life.
(2) Maintenance. All buildings and structures, both existing and new,
arid 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.
U) All repairs, replacements or maintenance to the structure or dwelling unit
shall be installed or made so as to be compatible with the surrounding
building materials and general appearance of the existing area.
Section 2: Door and Window Locks
5A.202(1) No person shall occupy as an owner-occupant or let to another for
occupancy any dwelling or dwelling unit for the purpose of living, sleeping,
cooking or eating unless all exterior doors of the dwelling or dwelling unit
are equipped with safe and functioning door and window locks which
comply with the following requirements, to wit:
(a) When access to a dwelling unit door is gained through a common corridor
or entrance in a dwelling in which four (4) or more dwelling units share a
common entrance or corridor, an approved system of controlled access
shall be maintained for each multiple family building to control access.
The security system shall consist of locked building entrance or foyer
doors, and locked doors leading from the hallways into individual dwelling
units. Dead-latch type door locks shall be provided with releasable lever
knobs (or doorknobs) on the inside of building entrance doors and with key
cylinders on the outside of the building entrance doors. Building entrance
door-latches shall be of the type that are permanently locked. An
approved lock box with building entry key, boiler room key, laundry and
common area keys, all marked individually accessible to the Fire
Department must be provided for access to the building. The enumerated
keys must be present in the lock box at all times. A communication
system or device such as an intercom, telephone, audible bell or buzzer or
other approved means of making contact with the tenants must be
provided.
(b) Every door that provides ingress or egress for a dwelling unit within a
multiple family unit shall be equipped with an approved lock that has a
dead locking bolt that cannot be retracted by end pressure; provided,
however, that such doors shall be openable from the inside without the
use of a key or any special knowledge or effort.
(c) All ingress, egress and interior doors shall be kept free of holes and/or
punctures. All ingress, egress or interior doors which separate a unit from
another unit or a common area or the exterior of the building shall be
replaced with doors made of approved solid-core construction. Said
replacement shall occur when any such door is in violation of this section
and repairs cannot effectively correct the violation.
Section 3: Light, Ventilation, and Electric
5A.203(1) No person shall occupy as an owner-occupant or let to another for
occupancy any dwelling or dwelling unit for the purpose of living, sleeping,
cooking, or eating therein which does not comply with the following
requirements, to wit:
(a) Habitable Room Ventilation. Every habitable room shall have at least one
window facing directly outdoors which can be easily opened unless the
room contains, in lieu thereof, another device affording ventilation which
has been approved by the Building Official. The minimum total of
openable window area in every habitable room shall be the greater of four
percent (4%) of the floor area of the room or four (4) square feet.
(b) Sleeping Room Egress. Sleeping rooms in buildings existing prior to this
code must have window or door openings for egress of no less than four
(4) square feet or the minimum size required by the Building Code in effect
when the dwelling was constructed. Space that is added on or converted
to sleeping rooms must meet the applicable codes at the time of
conversion for habitable rooms and provide a means of egress with
openable area of no less than 5.7 square feet.
U) Nonhabitable Room Ventilation. Every bathroom, water closet
compartment, laundry room, utility room, or other nonhabitable room shall
contain a minimum total of openable window area of no less than 1.5
square feet, except that no windows shall be required if such rooms are
equipped with a functioning ventilation system which is approved by the
Building Official.
(d) Electrical Service, Outlets, and Fixtures. Every dwelling unit and all public
and common areas shall be supplied with functioning electrical service,
functioning over current protection devices, functioning electrical outlets,
and functioning electrical fixtures which are properly installed, which shall
be maintained in a safe working condition and which shall be connected to
a source of electric power in a manner prescribed by 96.201 (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: Minimum Thermal Standards
5A.204(1) No person shall occupy as an owner-occupant or let to another for
occupancy any dwelling or dwelling unit, for the purpose of living, sleeping,
cooking or eating therein unless such dwelling or dwelling unit shall have
heating facilities which are properly installed and maintained in safe and
functioning condition, which are capable of safely heating all habitable
rooms, bathrooms and water closet compartments in every dwelling unit
located therein to a temperature of at least seventy (70) degrees
Fahrenheit at a distance of three (3) feet above floor level and at three (3)
feet from exterior walls, and which shall comply with the following
requirements, to-wit:
(a) Gas or electrical appliance designed primarily for cooking or water heating
purposes shall not be considered as heating facilities within the meaning
of this section.
(b) Portable heating equipment employing flame or the use of liquid fuel shall
not be considered as heating facilities within the meaning of this section
and is prohibited.
(c) No owner or occupant shall install, operate or use a space heater
employing a flame that is not vented outside the structure in an approved
manner.
(d) No owner shall supply portable electric heaters to comply with this S
5.204(1 ).
Section 5: Foundation, Exterior Walls, and Roofs
5A.205(1) No person shall occupy as an owner-occupant or let to another for
occupancy any dwelling or dwelling unit for the purpose of living, sleeping,
eating or cooking therein which does not comply with the following
requirements, to-wit;
(a) The foundation, exterior walls and exterior roof shall be water tight and
protected against vermin and rodents and shall be kept in sound condition
and repair. The foundation element shall adequately support the building
at all points. Every exterior wall shall be free of structural deterioration or
any other condition which might admit rain or dampness to the interior
portion of the walls or to the interior spaces of the dwelling. The roof shall
be tight and have no defects which admit rain or roof drainage and shall be
adequate to prevent rain water from causing dampness in the walls. All
exterior surfaces, other than decay resistant materials, shall be covered by
paint or other protective covering or treatment which protects the exterior
surfaces from elements and decay in a functioning manner. If 25% or
more of the total exterior surface of the pointing of any brick, block or
stone wall is loose or has fallen out, the surface shall be protected as
heretofore provided.
(b) Windows, Doors and Screens. Every window, exterior door and hatchway
shall be tight and shall be kept in repair. Every window other than fixed
window shall be capable of being easily opened and shall be equipped
with screens between May 1 and September 30, inclusive, of each year.
Every window, door and frame shall be constructed and maintained in
such relation to the adjacent wall construction as to completely exclude
rain, vermin, rodents, and insects from entering the building.
(c) Floors, Interior Walls and Ceilings. Every floor, interior wall and ceiling
shall be protected against the passage and harborage of vermin and
rodents and shall be kept in sound condition and good repair. Every floor
shall be free of loose, warped, protruding or rotted flooring materials.
Every interior wall and ceiling shall be maintained in a tight weatherproof
condition and may not be covered wholly or partially by toxic paint or
materials with a lasting toxic effect. Every toilet room and bathroom floor
surface shall be capable of being easily maintained in a clean state.
(d) Rodent Proof. Each part of every dwelling shall be rodent resistant. All
openings in exterior walls, foundations, basements, ground or first floors or
roofs which have an opening of %" diameter or larger shall be rodent-
proofed in an approved manner. interior floors, basements, cellars and
other areas in contact with the soil shall be enclosed with concrete or other
rodent impervious material.
(e) Fence Maintenance. All fences on the premises where the dwelling or
dwelling unit is located shall be maintained in accordance with 96.401 to
96.403, inclusive, of this City Code.
(f) Accessory Structure Maintenance. Accessory structures on the premises
where the dwelling or dwelling unit is located shall be structurally sound
and maintained in good repair. The exterior of such structures shall be
covered with decay-resistant materials such as paint or other
preservatives.
(g) Safe Building Elements. Every foundation, roof, floor, exterior wall, interior
wall, ceiling, inside stair, outside stair, porch, balcony and every
appurtenance to each of the foregoing shall be safe to use and capable of
supporting normal structural loads.
(h) Facilities to Function. All equipment, utilities, chimney and flue required
under City Code shall function effectively in a safe, sound and working
condition.
Section 6: Maximum Density and Minimum Space for Rental Units
5A.206(1) No person shall rent or let to another for occupancy any rental dwelling for
the purpose of living, sleeping, eating or cooking therein which does not
comply with the following requirements, to-wit:
(a) Permissible Occupancy of Dwelling Unit. The maximum permissible
occupancy of any rental dwelling unit shall be determined as follows:
(1) For the first occupant, 150 square habitable room floor space and
for every additional occupant thereof, at least 100 square feet of
habitable room floor space.
(2) In no event shall the total number of occupants exceed two times
the number of habitable rooms, less kitchen, in the dwelling unit.
5A.206(2) No person shall occupy as an owner-occupant or let to another for
occupancy any dwelling unit for occupancy by more than one family, other
than for temporary guests.
Section 7: Screening and Landscaping
5A.207(1) No person shall occupy as an owner-occupant or let to another for
occupancy any dwelling or dwelling unit for the purpose of living, sleeping,
eating or cooking therein which does not comply with the requirements of
this S5A.207
(a) Definitions. For the purposes of this Section, the following terms shall
have the meanings stated:
(1) Fence. Any partition, structure, wall, or gate erected as a divided
marker, barrier, or enclosure, and located along the boundary or
within the required yard.
(2) Landscape. Site amenities, including trees, shrubs, ground covers,
flowers, fencing, berms, retaining walls, and other outdoor
finishings.
(3) Mechanical Equipment. Heating, ventilation, exhaust, air
conditioning, and communication units integral to and located on
top beside, or adjacent to a building.
(4) Retaining Wall. A wall or structure constructed of stone, concrete,
wood, or other materials, used to retain soil, as a slope transition, or
edge of a plating area.
(5) Screening. A barrier which blocks all views from public roads and
differing land uses to off-street parking areas, loading areas, service
and utility areas, and mechanical equipment.
(b) Every yard of any premises on which a dwelling or dwelling unit is located
shall have installed and maintained landscaping in accordance with the
provisions of this section.
(1) Sodding and Ground Cover. All exposed ground area surrounding
he principle building and accessory buildings, which are not
devoted to driveways, parking areas, sidewalks, or patios, shall be
sodded or landscaped with shrubs, trees, gardens, or other
ornamental landscape materials. No landscaped area shall be
used for the parking of vehicles or storage or display of materials,
supplies or merchandise.
(2) Slopes and Berms. Final grades with a slope ratio of greater than
three (3) to one (1) will not be permitted without special approved
treatment such as special weed mixtures or reforestation, terracing,
or retaining walls. Berming used to provide required screening of
parking lots and other open areas shall not have slopes in excess of
three (3) to one (I).
(3) Maintenance. Any dead trees, shrubs, ground covers and sodding
shall be removed and/or replaced in accordance with this code. All
trees or other vegetation which spring up in crevices by foundations
must be promptly removed to avoid structural damage.
(4) Placement of Plant Materials. No landscaping shall be allowed
within any drainage utility easements, road right-of-way, or
immediately adjacent to any driveway or road intersection if such
landscaping would interfere with a motorist's view of the street or
roadway or with the use of the easement for its intended purpose.
(5) Weeds. The maintenance and upkeep of all lawns and yards shall
be subject to Chapter 4, Article II, Section 3 of the Columbia
Heights City Code, which is incorporated herein by reference.
(c) General Screening. All loading, service utility, mechanical equipment, and
outdoor storage areas, including dumpsters and refuse containers for
dwellings of three (3) or more units shall be screened from all public roads
and adjacent residential uses of property. All parking lots for dwellings of
three (3) or more units if the property on which the lot is located abuts a
differing land use and is not separated from the differing land use by a
public street, roadway or alley shall be screened from adjacent differing
land uses. Screening shall consist of any combination of the earth
mounds, walls, fences, shrubs, compact evergreen trees, or dense
deciduous hedge six (6) feet in height. Hedge materials must be at least
three (3) feet in height, and trees must be at least six (6) feet in height at
planting. The height and depth of the screening shall be consistent with
the height and size of the area for which screening is required. When
natural materials, such as trees or hedges, are used to meet the screening
requirements of this sub-section, density and species of planting shall be
such to achieve seventy-five (75) percent capacity year-round.
(d) Other Parking Lot Screening. All parking lots for dwellings of three (3) or
more units which are not required to be screened pursuant to
S5A.207(1 )(c) must either provide screening pursuant to S5A.207 (1) (c) or
provide a minimum on one deciduous tree for every forty-five (45) feet or
portion thereof of parking lot perimeter planted adjacent to the nearest
roadway abutting the property on which the parking lot is located.
(e) Fences. All fences and screening devices shall be built and regulated in
accordance with Chapter 6, Article IV of the Columbia Heights City Code,
which is incorporated herein by reference.
(f) Outside storage of articles, equipment, construction materials, items not
designed for exterior use, and miscellaneous items, including but not
limited to, lawn mowers and other lawn maintenance equipment shall not
be allowed. A weather tight, rodent-proof storage building or shed must be
constructed for storage of items not storable within the building.
(g) Variances under S5A.207 shall be enforced and administered in
accordance with S5A.208(2).
Section 8: Exterior Parking, Pedestrian Walkways and Lighting.
5A.208(1) No person shall occupy as an owner-occupant or let to another for
occupancy and dwelling or dwelling unit for the purposes of living,
sleeping, cooking or eating therein which is located on premises which
does not comply with the following requirements, to-wit:
(a) Required off-street parking as defined in Section 9.116(4) of the City
Code. Additionally, any building or structure in existence upon the
effective date of this Ordinance which does not currently comply with the
parking requirements of Section 9.116(4), but does have the necessary
space to provide the required parking shall be required to expand the
provided parking in accordance with the Code by July 1, 1998.
(b) The required parking space must have a minimum width of 9 feet and a
minimum length of 20 feet.
(c) All required parking spaces must be surfaced with asphalt or concrete.
(d) Curb guards and/or guardrails must be provided for parking spaces
situated above retaining walls.
(e) An unobstructed path must be provided between parking areas and the
dwelling unit.
(f) Lighting must be provided for parking areas and walkways between the
parking area and the dwelling unit in dwellings consisting of three (3) or
more units. Lighting must be available for parking areas and walkways.
Between the parking area and the dwelling unit for dwellings of two (2) or
less units.
(g) In dwellings of three (3) or more units, parking areas and pedestrian
walkways must have a minimum light of 1 foot candle, and the maximum
light at the boundary line of the premises may not exceed 3 foot candles.
(h) Driveways leading to parking areas and/or access ways to buildings must
be maintained and kept in good repair. In cases of tenant parking areas
all parking stalls and driveways with access to tenant parking shall be hard
surfaced with asphalt or concrete by July 1, 1998.
(i) Commercial Vehicles and Junk Cars. Commercial Vehicles and junk cars
shall be regulated in accordance with Chapter 7, Article II, Section 5 of the
Columbia Heights City Code, which is incorporated herein by reference.
5A.208 (2) Variances under 95A.207 and 95A.208 shall be enforced and administered
in accordance with 99.105. The criteria contained in 99.105(3)(d) shall be
applied in deciding whether or not an applicant is entitled to a variance.
Section 9: Fire Safety
5A.209 (1) No person shall occupy as an owner-occupant or let to another for
occupancy and dwelling or dwelling unit for the purposes of living,
sleeping, cooking or eating therein which does not comply with the
following requirements, to-wit;
(a) Every existing dwelling unit shall be provided with smoke detectors
conforming to U.B.C. Chapter 34. Detectors shall be mounted on the
ceiling or wall at a point centrally located in the corridor or area giving
access to rooms used for sleeping purposes. When a living unit has more
than one floor or level, a detector shall be mounted on every level of the
unit. Where sleeping rooms are on an upper level, the detectors shall be
placed at the center of the ceiling directly above the stairway. All detectors
shall be located in accordance with approved manufacturer's instructions.
When actuated, the detector shall provide an alarm in the dwelling unit or
guest room.
(b) In new construction of any dwelling unit and in common hallways and
other common areas of existing units, required smoke detectors shall
receive their primary power from the building wiring when such wiring is
served from a commercial source. Wiring shall be permanent and without
a disconnecting switch other than those required for over current
protection.
(c) No person, firm, or corporation shall tamper with any smoke detection
device. Any person, firm, or corporation proven to have tampered with any
smoke detection device shall be guilty of a misdemeanor pursuant to
S5A.611.
(d) Combustible material shall not be stored in boiler rooms, mechanical
rooms or electrical equipment rooms.
Section 10: Discontinuance of Service or Facilities.
5A.21 0(1) No owner, operator or occupant shall cause any service, facility equipment
or utility which is required under this Ordinance to be removed from or shut
off from or discontinued for any occupied dwelling or dwelling unit except
for temporary interruptions as may be necessary while actual repairs or
alterations are made or during temporary emergencies.
Section 11: Public Health and Safety
5A.211 (1) Rodent Harborages Prohibited in Occupied Areas. No occupant of a
dwelling or dwelling unit shall accumulate boxes, lumber, scrap metal, or
any other similar materials in such a manner that may provide a rodent
harborage in or about any dwelling or dwelling unit.
5A.211 (2) Rodent Harborages Prohibited in Public Areas. No owner of a dwelling
containing two or more dwelling units shall accumulate or permit the
accumulation of boxes, lumber, scrap metal or any other similar materials
in such a manner that may provide a rodent harborage in or about shared
or public areas of a dwelling or its premises.
5A.211 (3) Prevention of Food for Rodents. No owner or occupant of a dwelling or
dwelling unit shall store, place, or allow to accumulate any materials that
may serve as food for rodents in a site accessible to rodents.
5A.211 (4) Sanitary Maintenance of Fixtures and Facilities. Every occupant of a
dwelling unit shall keep all supplied fixtures and facilities therein in a clean
and sanitary condition and shall be responsible for the exercise of
reasonable care in the proper use and operation thereof.
5A.211 (5) Responsibility for Pest Extermination. Every occupant of a dwelling
containing a single dwelling unit shall be 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 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 part thereof, for an inspection authorized
by this Ordinance, the Housing Enforcement Officer may, upon a showing
that probable cause exists for the inspection or for the issuance of an
order directing compliance with the inspection requirements of this section
with respect to such dwelling, dwelling unit or multiple dwelling, petition
and obtain an order to inspect and/or search warrant from court of
competent jurisdiction.
Section 3: Inspections
5A.303 (1) Each dwelling or multiple dwelling which is the subject of a rental license
shall be inspected in accordance with the city's "Rental Inspection Policy",
subject to section 5A.303(2).
5A.303 (2) Inspections on individual dwelling units shall be required for tenant
occupancy changes under the following conditions;
(a) During each of the past two years that the owner or landlord has applied
for license renewal, they have failed to correct Residential Maintenance
Code violations on a timely basis, as evidenced by two written Compliance
Orders by the Housing Enforcement Officer of the City of Columbia
Heights; or
(b) During the past year, two or more tenant complaints on single
family/duplex/triplex have been received or four or more tenant complaints
on a four-plex or other multiple dwelling have been received and
substantiated (Residential Maintenance Code violations were issued
based on the complaints). Multiple complaints arising out of the same
maintenance problem, which occur within a period of one week, shall be
considered to be one complaint for the purposes of this Section.
If anyone of the above set forth conditions occur, the Housing
Enforcement Officer will notify the landlord, in writing, that the landlord will
be hence forth required to have the building inspected upon each tenant
occupancy change. It will also be the responsibility of the landlord to
provide a list of current occupants and a 72 hour notification of a new
tenant move-in. The tenant occupancy change inspections shall occur for
a period of one year from the date of notification by the Housing
Enforcement Officer, however, that time shall be extended if any of the
above set forth conditions continue to exist.
Section 4: Compliance Order
5A.304(1) Whenever the Housing Enforcement Officer determines that any dwelling,
dwelling unit or the premises surrounding any of these fails to meet the
provisions of this Ordinance, he/she may issue a Compliance Order setting
forth the violations of the Ordinance and ordering the owner, occupant,
operator, or agent to correct such violations. The Compliance Order shall:
(a) Be in writing;
(b) Describe the location and nature of the violations of this Code;
(c) Establish a reasonable time not greater than 6 months for the correction of
such violation and advise the person to whom the notice is directed of the
right to appeal; and
(d) Advise the person to whom the notice is directed of the right to appeal;
and
(e Be served upon the owner of his/her agent or the occupant, as the case
may require. Such notice shall be deemed to be properly served upon
such owner or agent, or upon such occupant, if a copy thereof is:
(1) Served upon him/her personally,
(2) Sent by certified mail return receipt requested to his/her last known
address, or,
(3) Upon failure to effect notice through (i) and (ii) as set out in this
section, posted at a conspicuous place in or about the dwelling
which is affected by the notice.
5A.304(2) Upon correction of all Residential Maintenance Code violations as set forth
in the Compliance Order, the Housing Enforcement Officer shall, upon
request of the owner or landlord, issue a written statement that all
violations have been corrected in accordance with the Columbia Heights
Residential Maintenance Code.
Section 5: Posting to Prevent Occupancy
5A.305(1) The Housing Enforcement Officer may post any building or structure
covered by this ordinance an being in direct violation of the ordnance
preventing further occupancy. Posting will occur if any owner, agent,
licensee or other responsible person has been notified by inspection report
of the items which must be corrected within a certain stated period of time
and that the corrections have not been made. Current occupants shall
have not more than 60 days to vacate a posted property. Current
occupants shall vacate posted property immediately if such occupancy will
cause imminent danger to the health or safety of the occupants. No
person, other than the Housing Enforcement Officer or his representative,
shall remove or tamper with any placard used for posting. No person shall
reside in, occupy or cause to be occupied any building, structure or
dwelling which has been posted to prevent occupancy.
Section 6: Right of Appeal
5A.306(1) When a person to whom a Compliance Order is directed alleges that such
Compliance Order is based upon erroneous interpretation of the
Ordinance or upon a misstatement or mistake of fact, such person may
appeal as set forth in 96.202(1).
Section 7: Board of Appeals
5A.307(1) Upon at least five (5) business days notice to the appellant of the time and
place for hearing the appeal and within 30 days after said appeal is filed,
the Board of Appeals shall hold a hearing thereon. All hearing notices
shall be given in the same manner prescribed for giving notice of
Compliance Orders under 5A.303(1). All appeals shall be conducted in
accordance with Sec. 203, Uniform Housing Code, 1985 edition,
International Conference of Building Officials.
Article IV Licensing
Section 1: License Required
5AA01 (1) No person, firm or corporation shall operate a rental dwelling in the City
without having first obtained a license as hereinafter provided from the
Housing Enforcement Officer. Each such license shall register annually
with the City. If the license in denied, no occupancy of dwelling units then
vacant or which become vacant is permitted until a license has been
issued. Apartment units within an unlicensed apartment building for which
a license application has been made and which units are in compliance
with this Chapter 5A and with 96.202(1) may be occupied provided that the
unlicensed units within the apartment building do not create a hazard to
the health and safety of persons in occupied units.
Section 2: License Procedures
5AA02(1) Within 180 days after the passage of Chapter 5A, the owner of any rental
unit within the City shall apply to the Housing Enforcement Officer for a
rental housing license in the manner hereafter prescribed.
(a) Application shall be made on forms provided by the City and accompanied
by the initial fee in an amount set by resolution of the City Council. The
owner of an apartment building or rental home constructed after the date
of passage of this Ordinance shall obtain a license prior to actual
occupancy of any rental unit therein.
(b Applicants shall provide the following information on license applications:
(1) Name and address of owner of the rental dwelling and the name
and address of the operator or agent actively managing said rental
dwelling.
(2) The name and address of the vendee if the rental dwelling is being
sold on a contract for deed.
(3) The address of the rental dwelling.
(4) The number and kind of units within the rental dwelling, the floor
area for each such unit and the total floor area for the building.
(5) The number of paved off-street parking spaces available.
(6) Name and address of person to whom owner/applicant wishes a
certified letter to be sent for purposes of 95A.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 (Le. 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
5AA03(1) When required in accordance with the city's "Rental Inspection Policy" the
Housing Enforcement Officer shall cause an inspection to be made of the
premises to insure that the structure is in compliance with the requirement
of the Code prior to issuance of a Rental Housing License.
Section 4: Issuance of Rental Housing License
5A.404(1) If the rental dwelling is in compliance with the requirements of the Code, a
license shall be issued to the present owner, occupant or agent shall state
that the structure has been inspected and is in compliance with the
requirements of the Code. The present owner or any agent designated by
the present owner or occupant shall obtain a license. If the City finds that
the circumstances of occupancy following the issuance of the license
involve possible Code violations, substandard maintenance or abnormal
wear and tear, the City may again inspect the premises during the
licensing period.
5A.404(2) The City may by Council resolution establish a reinspection fee. If a
dwelling unit is not currently licensed, no license may be issued until all
outstanding reinspection fees shall have been paid. If a dwelling unit is
licensed, the license for such dwelling unit shall expire twenty (20) days
after the licensee or his agent is notified of the outstanding reinspection
fees, unless payment is made before the expiration of the twenty (20) day
period.
Section 5: License Display
5A.405(1) A license issued under this Chapter shall be conspicuously displayed on
the rental premises wherever feasible. The licensee shall promptly
produce the license upon demand or a prospective tenant or the Housing
Enforcement Officer or his/her authorized representative.
Section 6: License Transfer
5AA06(1) The license is transferable upon application to the Housing Enforcement
Officer and payment of the license transfer fee by the prospective owner if
the licensed premises is in compliance with the Code. The license shall
terminate if renewal or application for transfer is not made within 30 days
after transfer of ownership of the dwelling unit. The amount of the transfer
shall be set by resolution of the Council.
Section 7: License Renewal
5AA07(1) All rental licenses shall be effective for a period of one year. However,
renewal of licenses, as required annually by this Code, may be made by:
(a) Completing the renewal form furnished to the owner, operator, or agent of
the rental dwelling, by the Housing Enforcement Officer and
(b) Mailing the renewal form and the required registration fee to the Housing
Enforcement Officer, and
(c) Successful completion of the Housing Maintenance Code inspection as
required by Section 5A.303 (1) of this Ordinance.
Such renewal shall only be effective upon successful completion of all the
above set forth requirements. Further, said renewal or registration may be
made only when no change in ownership, operation, agency or type of
occupancy of the rental dwelling has occurred in the last licensing year.
Section 8: Suspension or Revocation
5AA08(1) A license issued or renewed under this section may be revoked or
suspended upon a finding of noncompliance with the provisions of this
Chapter. Reinstatement of a suspended license shall be accompanied by
an amount equal to 50% of the license fee. Issuance of a new license
after suspension or revocation shall be made in the manner provided for
obtaining an initial license.
5AA08(2) The Council may, for cause, revoke or suspend a license, or take other
action restricting the privileges of a license subject to the following
requirements:
(a) The City, through its Housing Enforcement Officer, provide the licensee
with a written statement or reasons or causes for the proposed Council
action together with a notice for public hearing.
(b) The council shall conduct a public hearing on the proposed action and
provide findings of fact and citations to any ordinances or regulations that
have been violated, together with a statement of action taken and the
conditions of any resulting revocation, suspension, or other action
restricting the privileges of the licensee.
(c) The Housing Enforcement Officer shall forward the findings and statement
of action taken to the person in whose name said license was issued by
mailing the same to the mailing address indicated on the license
application.
5AA08(3) A violation of any provision of this chapter or of state law, prescribing
standards of conduct or regulations governing a licensee; the particular
type of business or commercial activity or trade or occupation that is
licensed; or the premises where the licensed activity is conducted; shall be
a prima facie showing of cause for revocation, suspension, or other action
restricting the privileges of a licensee as the council may determine.
5AA08(4) Nondisclosure, misrepresentation or misstatement of a material fact in any
application for a license under this chapter shall be a prima facie showing
of cause for revocation, suspension, or other such action restricting the
privileges of a licensee as the Council may determine.
Section 9: License Fees
5A.409(1) License fees, inspection fees, and reinspection fees shall be established
by Council resolution.
Section 10: Conduct on Licensed Premises
5AA10 (1) It shall be the responsibility of the licensee to take appropriate action
following conduct by persons occupying the premises which is determined
to be disorderly, in violation of any of the following statutes or ordinances:
(a) MN Stat. 9609.75 through 609.76, which prohibit gambling;
(b) MN Stat. 9609.321 through 609.324 which prohibit prostitution and acts
relating thereto;
(c) MN Stat. 9 1 52.01 through 152.025, and 9 1 52.027, subds. I and 2,
which prohibit the unlawful sale or possession of controlled substances;
(d) MN Stat. 9340AA01, which prohibits the unlawful sale of alcoholic
beverages;
(e) MN Stat. 9609.33, which prohibits owning, leasing, operating, managing,
maintaining, or conducting a disorderly house or inviting or attempting to
invite others to visit or remain in a disorderly house;
(f) Section 10.312 of this code, which prohibits noisy assemblies;
(g) MN Stat. S97B.021, 97B.045, 609.66 through 609.67 and 624.712 through
624.716, and section 10.307 of this code, which prohibit the unlawful
possession, transportation, sale or use of a weapon; or
(h) MN Stat. S609.72, which prohibits disorderly conduct.
(i) MN Stat. S609.221 through 609.224, which prohibits assaults, including
domestic assault as defined in MN Stat. S 518B.01.
U) Violation of laws relating to contributing to need for protection or services
or delinquency of a minor as defined in MN Stat. S260.315.
(k) Section 8.201 et al. of this Ordinance which relates to animal noises and
public nuisances.
5AA10(2) The Police Chief (Department) shall be responsible for enforcement and
administration of this section.
5AA10(3) Upon determination by the Police Chief (Department) that a licensed
premises was used in a disorderly manner, as described in section (1), the
Police Chief (Department) shall notify the licensee by mail of the violation
and direct the licensee to take steps to prevent further violations.
5AA1 0(4) If another instance of disorderly use of the licensed premises occurs within
three (3) months of an incident for which a notice in subsection (3) was
given, the Police Chief (Department) shall notify the licensee by mail of the
violation and shall also require the licensee to submit a written report of
the actions taken, and proposed to be taken, by the licensee to prevent
further disorderly use of the premises. This written report shall be
submitted to the Police Chief (Department) within 5 days of receipt of the
notice of disorderly use of the premises and shall detail all actions taken
by the licensee in response to all notices of disorderly use of the premises
within the preceding three (3) months. If the licensee fails to comply with
the requirements of this subsection, the rental dwelling license for the
premises may be denied, revoked, suspended, or not renewed. An action
to deny, revoke, suspend, or not renew a license under this section shall
be initiated by the City Council at the request of the Police Chief
(Department) in the manner describe( in Sections 5AA08 (1) through
5AA08 (4).
5AA10(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.40B (1)
through 5A.40B (4).
5A.410(6) No adverse license action shall be imposed where the instance or
disorderly use of a licensed premises occurred during the pendency of
eviction proceedings (unlawful detainer) or within thirty (30) days of notice
given by the licensee to a tenant to vacate the premises, where the
disorderly use was related to conduct by that tenant or by other occupants
or guests of the tenant's unit. Eviction proceedings shall not be a bar to
adverse license action, however, unless they are diligently pursued by the
licensee. Further, an action to deny, revoke, suspend, or not renew a
license based upon violations of this section may be postponed or
discontinued at any time if it appears that the licensee has taken
appropriate measures which will prevent further instances of disorderly
use.
5A. 410(7) A determination that the licensed premises has been used in a disorderly
manner as described in subsection (1) shall be made upon substantial
evidence to support such a determination. It shall not be necessary that
criminal charges be brought to support a determination of disorderly use,
nor shall the fact of dismissal or acquittal of criminal charges operate as a
bar to adverse license action under this section.
Article V: Remedies
Section 1: Hazardous Building Declaration
5A.501 (1) In the event that a dwelling has been declared unfit for human habitation
and the owner has not remedied the effects within a prescribed reasonable
time, the dwelling may be declared a hazardous building and treated in
accordance with the provisions of Minnesota Statutes.
Section 2: Secure Unfit and Vacated Dwellings
5A.502(1) The owner of any dwelling or dwelling unit which has been declared unfit
for human habitation or which is otherwise vacant for a period of 60 days
or more shall make the same safe and secure so that it is not hazardous to
the health, safety and welfare of the public and does not constitute a public
nuisance. Any vacant dwelling open at the doors, windows or other wall
openings, if unguarded, shall be deemed to be a hazard to the health,
safety and welfare of the public and shall constitute a public nuisance
within the meaning of this Code.
Section 3: Failure to Comply
5A.503(1) Upon failure to comply with a Compliance order within the time set therein,
and no appeal having been taken, or upon failure to comply with a
modified Compliance Order within the time set therein, the criminal penalty
established hereunder notwithstanding, the City Council, 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 S5A.501 to 5A.503, inclusive, are in
addition to the remedies or penalties prescribed under S5A.601 to 5A.611,
inclusive.
Section 5: Cost Recovery
5A.505(1) The Council hereby authorizes the assessment of unpaid fees, fines,
charges or expenses authorized by the Residential Maintenance Code
pursuant to the provisions of the Columbia Heights City Charter.
5A.505(2) The Clerk shall establish a separate improvement fund for the
administration of Residential Maintenance Code charges.
The costs related to the Residential Maintenance Code shall be certified
annually by the Housing Enforcement Officer to the Clerk for billing,
including a statement describing the land, lots, or parcels involved and the
amount chargeable to each.
5A.505(3) On or before August 1 of each year, the Clerk shall bill each property
owner of each affected lot or parcel for their portion of the charges
authorized hereunder plus the reasonable cost of administering the billings
and collection procedures.
5A.505(4) The Clerk shall list the total unpaid charges against each separate lot or
parcel to which such charges are attributable on or before September 1 of
each year, for Council action pursuant to the provisions of this chapter.
Article VI: Penalties
5A. 60 1
5A.602
5A.603
5A.604
5A.605
5A.606
5A.60?
5A.608
5A.609
5A.610
No person, firm, corporation, or licensee shall own and maintain or operate
or rent to any other person for occupancy any rental dwelling, rental
dwelling unit, or premises in which a rental dwelling unit is located in
violation of Chapter 5A, Article II (S5A.201, e1. seq.), maintenance
standard.
No person, firm or corporation shall operate a rental dwelling or dwelling
unit without a license issued pursuant to this Chapter or accept rental
payments from a tenant of any unlicensed dwelling or dwelling unit which
payment is for occupancy for a period during which the dwelling or
dwelling unit is not license pursuant to this Chapter.
No person, firm, corporation or licensee shall refuse or fail to allow the
Housing Enforcement Officer to enter a dwelling or unit pursuant to an
administrative search warrant for the purposes of inspection when
authorized by this Chapter.
No person, firm, corporation or licensee shall fail or refuse to obey a
Compliance Order validly issued under this Code.
No person, firm or corporation shall give or submit false information on a
license application or any renewal thereof.
No person who is an occupant of a rental dwelling or rental dwelling unit
shall cause a rental dwelling, rental dwelling unit or the premises on which
a rental dwelling unit is located to become in violation of any of the
maintenance standards set forth in Chapter 5A, Article II (S5A.201, e1.
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 pursuant to S5A.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.
5A.611
Any person, firm or corporation who violates or refused to comply with any
of the provisions of this Chapter is guilty of a misdemeanor, unless herein
specifically noted. Upon conviction of said misdemeanor they shall be subj ect
to a fine of not more than seven hundred dollars ($700.00) or to imprisonment
not to exceed ninety (90) days, or both, for each offense. Each day that a
violation exists shall constitute a separate offense.
SECTION 2: This ordinance shall be in full force and effect from and after thirty (30)
days after its passage.
First Reading:
Second Reading:
Date of Passage:
January 24, 2000
February 14,2000
February 14,2000
Offered by:
Seconded by:
Roll Call:
Wyckoff
Szurek
All ayes