HomeMy WebLinkAboutSeptember 5, 2007 Work SessionCITY OF COLUMBIA HEIGHTS
590 40'h Avenue NE, Columbia Heights, MN 55421-3878 (763)706-3600 TDD (763} 706-3692
19sit oter website at: tvwiv.ci.coktmbia-beiYhts.mtT.us
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NOTICE OF CITY COUNCIL MEETING
~~~>F~~~~~~~~
to be held in the
CITY OF COL UHBIA HEIGHTS
as follows:
Meeting of: COLUMBIA HEIGHTS CITY COUNCIL
Date of Meeting: WEDNESDAY, SEPTEMBER 5, 2007
Time of Meeting: 5:30 - 7:00 P.M.
Location of Meeting: CONFERENCE ROOM 1
Purpose of Meeting: WORK SESSION
AGENDA
Review of new Property Maintenance Code
2. Review of proposed 2008 Tax Levy
*Please bring information previously distributed
Mayor
Gun,l.. l~~•r~~r»,,,,
Cnuncilmembers
Ruhert A. tL4llrmns
Br',ecc h'cnrruckr
l'unrnter<r (hchur
nru~~e r~~•r_~-„nark
City Manager
174ahcr lZ. h'rter[
The City of Columbia Heights does not discriminate an the basis of disability in the admission or access to,
or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be
provided to allow individuals with disabilities to participate in all City of Columbia Heights' services,
programs, and activities. Auxiliary aids for handicapped persons are available upon request when the
request is made at least 96 hours in advance. Please call the City Council Secretary at 706-3611, to make
arrangements. (TDD/706-3692 for deaf or hearing impaired only}
Columbia Heights Fire Department
To• Mavar
_ _ J _
City Council Members
City Manager
From: Gary Gorman, Fire Chief
Subject: Property Maintenance Code
Date: August 30, 2007
Enclosed is the new, updated draft of the Property Maintenance Code. Discussion
regarding this code is on the agenda for the September 5 Council Work Session. I am
giving each of you a copy of the code so that you may have dine to look at it prior to the
work session. To get you started, I have listed some of the major highlights of this new
code proposal below.
The old Housing Maintenance Code was approved in 1989 and was based off of the 1985
Uniform Housing Code. Except for some minor changes through the years, it never had
any major revisions. The new Property Maintenance Code is based off the 2003
Intemational Property Maintenance Code, which is a companion document to the
International Building and Fire codes used today.
The new code, as can be seen by its new name, is for all property. This document covers
the maintenance of all residential and commercial property.
The proposed code is more in depth of its coverage and is not a "bare minimum" code as
is the current version. The depth also includes referrals to many other chapters and
sections of Ciiy Code that are incorporated, by reference, into this code.
Commercial property may be licensed, like our residential rental property, under this new
version. This would allow us to revocate a license and close down commercial property
or perforn abatements on properties that are not maintained.
I encourage you to look through the code prior to the work session. I will go over other
changes at that trine and answer any questions you may have.
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Article
I. GENERAL PROVISIONS
II. MINIMUM STANDARDS
III. INSPECTION AND ENFORCEMENT
IV. LICENSING
V. REMEDIES
VI. VIOLATIONS AND PENALTIES
A 1"I+GL.E I~ t~E ERAL PRCJVI~ItJ
section
SA.101 Statement of purpose
SA.102 Applicability
SA.103 Definitions
§ 5A.101 STATEMENT OF PURPOSE.
(A) These regulations shall be known as the Property Maintenance Code of
The City of Columbia Heights hereina$er referred to as "this code".
(B) The provisions of this code shall apply to all existing residential and
nonresidential structures and all existing premises and constitute minimum requirements
and standards for premises, structures, equipment and facilities for light, ventilation,
space, heating, sanitation, protection from. the elements, life safety, safety from fire and
other hazards, and for safe and sanitary maintenance; the responsibility of owners,
operators and occupants; the occupancy of existing structures and premises, and for
administration, enforcement and penalties.
(C} This code shall be construed to secure its expressed intent, which is to
protect the character and stability of all premises within the city; to correct and prevent
conditions that adversely affect or are Likely to adversely affect the Life, safety, general
welfare, and health; to provide minimum standards for the maintenance of existing
property and to thus prevent substandard property and blight; and to preserve the value of
land and buildings throughout the city. Existing structures and premises that do not
comply with these provisions shall be altered or repaired to provide a minimum level of
health and safety as required herein.
(D) If a section, subsection, sentence, clause or phrase of this code is, for any
reason, held to be unconstitutional, such decision shall not affect the validity of the
remaining portions of this code.
(E) With respect to disputes between property owners (owners) and tenants,
and except as otherwise specifically provided by terms of this Code, the City Council
(Council) will not intrude upon the accepted contractual. relationships between awners
and tenants. The Council will nat intervene as an advocate of either party, nor will it act
as an arbiter, nor will it be receptive to complaints from owners or tenants, which. are not
specifically and clearly relevant to the provisions of this Code. In the absence of such
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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.
§ SA.102 APPLICABILITY.
(A) The provisions of this code shall apply to all matters affecting or relating
to structures and premises, as set forth in Section 101. Where, in a specific case, different
sections of this code specify different requirements, the most restrictive shall govern.
(B) Equipment, systems, devices and safeguards required by this code or a
previous regulation or code under which the structure or premises was constructed,
altered or repaired shall be maintained in good working order. The requirements of this
code are not intended to provide the basis for removal or abrogation of fire protection and
safety systems and devices in existing structures. Except as otherwise specified herein,
the owner or the owner's designated agent shall be responsible for the maintenance of
buildings, structures and premises.
(C) Repairs, additions or alterations to a structure, or changes of occupancy,
shall be completed in accordance with the procedures and provisions of the Minnesota
State Building Code, Minnesota State Fire Code, and City Code.
(D) The provisions in this code shall not be construed to abolish or impair
existing remedies of the jurisdiction or its officers or agencies relating to the removal or
demolition of any structure which is dangerous, unsafe and unsanitary.
(E) Repairs, maintenance work, alterations or installations which are caused,
directly or indirectly, by the enforcement of this code shall be executed and installed in a
workmanlike manner and installed in accordance with the manufacturer's installation
instructions.
(F) Requirements necessary for the strength, stability or proper operation of
an existing fixture, structure or equipment, or for the public safety, health and general
welfare, not specifically covered by this code, shall be determined by the code official.
(G) The code official, officer or employee charged with the enforcement of
this code, while acting for the jurisdiction, shall not thereby be rendered liable personally,
and is hereby relieved from all personal liability for any damage accruing to persons or
property as a result of an act required or permitted in the discharge of official duties. Any
suit instituted against any officer or employee because of an act performed by that officer
or employee in the lawful discharge of duties and under the provisions of this code shall
be defended by the legal representative of the jurisdiction until the final termination of
the proceedings. The code official or any subordinate shall not be liable for costs in an
action, suit or proceeding that is instituted in pursuance of the provisions of this code; and
any officer of the department of property maintenance inspection, acting in good faith
and without malice, shall be free from liability for acts performed under any of its provi-
sions or by reason of any act or omission in the performance of official duties in
connection therewith.
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§ SA.1.03 DEFINITIONS.
(A) For the purpose of this code the following definitions shall apply unless
the context clearly indicates or requires a different meaning.
ACCESSORYSTRUCTURE. A building or structure subordinate to the
main or principal structure which is not authorized to be used for living or sleeping by
human occupants and which is located on or partially on the premises.
APARTMENT UNIT. Apartment or apartment unit, has the same
meaning as Dwelling Unit within this code.
APPROVED. An indication that an item meets construction, installation,
and maintenance standards of the State of Minnesota, City Code and code official.
BASEMENT. That portion of a building which is partly or completely
below grade.
BATHROOM. A group of fixtures consisting of a water closet, lavatory,
and bathtub or shower. Such fixtures are located together on the same floor level.
BUILDING. Any structure used or intended for supporting or sheltering
any use or occupancy.
CITY. The City of Columbia Heights.
CITY COUNCIL. The City Council, which is the governing authority of
the City of Columbia Heights.
CLEAN. The absence of rubbish, garbage, vermin or other unsightly,
offensive or extraneous matter.
CODE OFFICIAL. The official who is charged with the administration
and enforcement of this code, or any duly authorized representative.
CONDEMN. To adjudge unfit for occupancy.
COUNCIL. Same meaning as CITY COUNCIL.
DWELLING. A structure or portion thereof used, or designed to be used,
rented, leased, let, or hired out to be occupied for living purposes. Does not include
rooms in motels, hotels, nursing homes, trailers, tents, cabins, or trailer coaches.
DWELLING UNIT. A single unit providing complete, independent living
facilities for one or more persons including permanent provisions for living, sleeping,
eating, cooking, and sar~itatior..
EASEMENT. That portion of land or property reserved for present or
future use by a person or agency other than the legal fee owner(s) of the property. The
easement shall be permitted to be for use under, on or above a said lot or Lots.
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 access, exit enclosures, exit discharge,
exit courts and yards.
EXTERIOR PROPERTY. The open space on the premises and on
adjoining property under the control of owners, or operators of such premises.
EXTERMINATI01lL The control and elimination of insects, rodents,
vermin or other pests by eliminating their harborage places; by removing or making
inaccessible materials that serve as their food; by poison spraying, fumigating, trapping
or by any other approved pest elimination Ynethods.
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
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group of not more than three persons not so related, maintaining a common household
and using common cooking and kitchen facilities.
FENCE. Any partition, structure, wall, or gate erected as a divided
marker, barrier, or enclosure, and located along the boundarv or within the required vard.
FUNCTIONING. In such physical condition as to safely perform the
service or services for which an item is designed or intended.
GARBAGE. As defined in Chapter 8, Article III of City Code.
GUARD. A building component or a system of building components
located at or near the open sides of elevated walking surfaces that minimizes the
possibility of a fall from the walking surface to a lower level.
HABITABLE SPACE. Space in a structure for living, sleeping, eating or
cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar
areas are not considered habitable spaces.
HOT WATER. Water heated to a temperature of not less than 11.0°
Fahrenheit, measured at faucet outlet.
HOUSEKEEPING UNIT. A room or group of rooms forming a single
habitable space equipped and intended to be used for living, sleeping, cooking and eating
which does not contain, within such a unit, a toilet, lavatory, and bathtub or shower.
IMMINENT DANGER. A condition which could cause serious or life-
threatening injury or death at any dine.
INFESTATION. The presence within or around a dwelling or dwelling
unit of any insect, bird, rodent, vermin or other pest.
KITCHEN. An area used, or designated to be used, for the preparation of
food.
LABELED. Devices, equipment, appliances, or materials to which has
been affixed a label, seal, symbol or other identifying mark of a nationally recognized
testing laboratory, inspection agency or other organization concerned with product
evaluation. that maintains periodic inspection of the production of the above-labeled items
and by whose label the manufacturer attests to compliance with applicable nationally
recognized standards.
LANDSCAPE. Site amenities, including trees, shrubs, ground covers,
flowers, fericiiig, bei~iiis,retairiiiig wails, aiid other outdoor fiiiishiiig's.
LET FOR OCCUPANCY OR LET. To permit, provide or offer
possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or
structure by a person who is or is not the legal owner of record thereof, pursuant to a
written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded
agreement of contract far the sale of land.
MECHANICAL EQUIPMENT. A system specifically addresses and
regulated in this code and composed of components, devices, appliances and equipment
including, but not limited to, heating, ventilation, exhaust, air conditioning, and
communication units integral to and located on top, beside, or adjacent to a building.
OCCUPANCY. The purpose for which a building or portion thereof is
utilized or occupied
OCCUPANT. Any person (including owner or operator) living in, or
having possession of a space within a building.
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OPENABLE AREA. That part of a window, skylight or door which is
available for unobstructed ventilation and which opens directly to the outdoors.
OPERATOR. Any person who has charge, care or control of a structure or
premises which is let or offered for occupancy.
OWNER. Any person, agent, operator, firm or corporation having a legal
or equitable interest in the property; or recorded in the official records of the state, county
or municipality as holding title to the property; or otherwise having control of the
property, including the guardian of the estate of any such person, and the executor or
administrator of the estate of such person if ordered to take possession of real property by
a court.
PERSON. An individual, heirs, executors, administrators or assigns, and
also includes a firm, partnership or corporation, its or their successors or assigns, or the
agent of any of the aforesaid.
PREMISES. A lot, or parcel of land, easement or public way, including
any structures thereon.
PROFERTYMAINTENANCE CODE. Chapter SA of this City Cade
together with the International Property Maintenance Code, 2006 Edition, as amended,
International Code Conference.
PROPERTYMAINTENANCE ENFORCEMENT OFFICER. Agent
designated by the City Manager to enforce provisions of the property maintenance code.
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.
PUBLIC WAY. Any street, alley or similar parcel of land essentially
unobstructed from the ground to the sky, which is deeded, dedicated or otherwise
permanently appropriated to the public for public use.
RENTAL. Same meaning as LET FOR OCCUPANCY OR LET.
REPAIR. Shall mean to restore to a sound, acceptable state of operation,
serviceability or appearance. Repairs shall be expected to last as long as the replacement
by new items.
REPLACE or REPLACEMENT. To remove an existing or portion of a
system and to construct or install a new item of a quality similar to that of the existing
item when it was new. Repiace~nent ordinarily takes place wlriei2 repair of the item is
impractical.
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 planting
area.
RODENT HARBORAGE. A place where rodents cotmmonly live, nest,
or establish their habitat.
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.
RUBBISIL As defined in Chapter 8, Article III of City Code.
SAFE. The condition of being free from danger and hazards which inay
cause accidents or disease.
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
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mechanical equipment.
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 50% of the total perimeter, or more than eight feet
below grade, as defined herein, at any point.
STRUCTURE. That which is built or constructed or a portion thereof.
TENANT. A person, corporation, partnership or group, whether or not the
legal owner of record, occupying a building or portion thereof as a unit.
TOILET ROOM. A raom containing a water closet or urinal but not a
bathtub or shower.
UNSAFE. A condition or a combination of conditions which are
dangerous or hazardous to persons or property.
UNSANITARY. Conditions which are dangerous or hazardous to the
health of persons.
VEHICLE or MOTOR VEHICLE. As defined in Minnesota State
Statute 169.01.
VENTILATION. The natural or mechanical process of supplying
conditioned or unconditioned air to, or removing such air from, any space.
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.
WORKMANLIKE. Executed in a skilled and professional manner
including obtaining all necessary City/State permits, inspections, approvals of the
authority having jurisdiction, adherence to all applicable codes, installation to
manufacturer's specifications, the use of proper materials for designed purposes,
installation to current architectural ar engineering standards, surfaces (material, color,
texture) to conform to current surrounding areas, and all work shall be generally plumb,
level, square, in line, undamaged and without marring adjacent work.
YARD. An open space on the same lot with a structure.
(B) Whenever the words "dwelling unit," "dwelling," "premises," "building,''
i0uri11itg 110°uSc, i00iTiiiig iirii~, u0ilSekeeping i1iu~, ~ti~IGttirc, Or Sway are Sate
in this code, they shall be construed as though they were followed by the words "or any
part thereof."
(C) Words stated in the present tense include the future; words stated in the
masculine gender include the feminine and neuter; the singular number includes the plu-
ral and the plural, the singular.
(D) Where terms are not defined in this code and are defined in the Minnesota
State Building Code, Minnesota State Fire Code, or City Code, such terms shall have the
meanings ascribed to them as in those codes.
(E) Where terms are not defined through the methods authorized by this
section, such terms shall have ordinarily accepted meanings such as the context implies.
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IL II. I i
Section
5Q 7(11 Racir emiinment and facilitiee
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SA.202 Exterior Property Areas
SA.203 Exterior Structure
SA.204 Interior Structure
SA.205 Rubbish, Garbage, Recycling, and Composting
SA.206 Occupancy Limitations
SA.207 Light
SA.208 Ventilation
SA.209 Plumbing
SA.210 Heating and Mechanical
SA.2ll Electrical
SA.212 Fire Safety
§ 5A.201 BASIC EQUIPMENT AND FACILITIES.
(A) Occupancies shall meet the minimum requirements for basic equipment
and facilities as set forth in the Minnesota State Building Code, Minnesota State Fire
Code, and City Code for the type of occupancy.
(B) No owner, operator or occupant shall cause any service, facility equipment
or utility which is required under this chapter to be removed from or shut off from or
discontinued for any occupied premises except for temporary interruptions as maybe
necessary while actual repairs or alterations are made or during temporary emergencies.
No premises may use the utilities, services or facility equipment of another premises after
their utility, service or facility equipment has been removed or shut off unless it is with
the permission of the Building Official.
(C) 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 or legal non-
conforming at the time of the adoption of the Code, provided such continued use is not
dangerous to life. Nan-conformities shall follow the requirements of Chapter 9, Article 1
of City Code.
§ SA.202 EXTERIOR PROPERTY AREAS.
(A) Sanitation. All exterior property and premises shall be maintained in a
clean, safe and sanitary condition.
(B) Outside Storage. Outside storage of articles including, but not limited to,
equipment, construction materials, excess soil, garbage, rubbish, yard waste, recyclables,
hazardous waste, items not designed for exterior use, and 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. Storage containers
including, but not limited to, trailers, semi trailers, cargo containers, PODS, and
dumpsters, are not allowed as permanent storage structures. The use of these types of
storage containers for temporary use, up to sixty consecutive days, is allowed by meeting
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all requirements of City Code.
(C} Grading and Drainage. All premises shall be graded anal maintained to
prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or
within. any structure located thereon. Drainage from a property shall nat adversely affect
adjoining premises.
(D) GroLCnd Cover. All exposed ground area surrounding the principle
structure and accessory structures, 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. Ground cover areas shall be maintained free of weeds,
trash, yard waste, garbage and outside storage. No landscaped area shall be used for the
parking of automobiles, trucks, sport utility vehicles, buses, vans, trailers, campers,
motor-homes, boats, motorcycles, personal watercraft, motorized construction equipment,
snowmobiles, all terrain vehicles, and agricultural tractors/equipment or the storage or
display of materials, supplies or merchandise. Materials used for landscaping, including
but not limited to, stone, brick, wood, edging materials, plastic, weed barriers shall be
maintained. Damaged or deteriorated materials shall be repaired or replaced.
(E) 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
ground covers or reforestation, terracing, or retaining walls. Benning used to provide
required screening of parking lots and other open areas shall not have slopes in excess of
three (3) to one (1).
(F) Trees and Weeds. All exterior property and premises shall be maintained
free from diseased, dead and hazardous trees, noxious weeds, and long grass per Chapter
4, Article II of City Code herein adopted by reference, and this code.
(G) Maintenance. All diseased, dead, and hazardous trees, shrubs, ground
covers, and sod shall be removed and/or replaced in accordance with this code. All trees,
or other vegetation, which spring up in crevices by foundations and along walls and
fences, must be promptly removed to avoid structural damage. Tall weeds or grass shall
not be allowed to grow to a height greater than allowed in Chapter 4, Article II of City
Code. Inspectors may grant an exception for wildlife areas, areas bordering ponds,
wildflower areas, ornamental grasses, other such areas that are part of an orderly
landscape, acid other vegetation as the Council shall, from. time to time designate by
resolution. These exceptions shall be maintained weed free and confined to the
designated area. Orderly landscape areas do not include yard/lawn areas that are sodded
where other types of vegetation are allowed to freely grow in it.
(H) Tree Stacmps. All tree stumps shall be removed to four inches below the
surface of the ground, including root extensions. Stuanp debris shall be removed and the
hole filled in to match the surrounding area. Stumps that are to be used for other
purposes including, but not limited to, art, furniture, and landscaping shall be separated
from the root system. The remaining stumpJroots shall be removed as outlined above.
(I) Fire Wood. The accumulation of twigs, branches, leaves, and trunk
sections are not allowed. Firewoad is allowed if it is cut to fireplace length split, neatly
stacked in rear yards only, and is placed in an area that does not promote rodent
harborage or the deterioration of adjacent surfaces and does not adversely affect
adjoining premises. No more than three cords of stared firewood. allowed per premises.
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(J) 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.
(K) Sidewalks, Parking, and hriveways. Ail sidewalks, walkways, stairs,
driveways, parking spaces and similar areas shall be kept in a proper state of repair, and
maintained free from hazardous conditions. Hazardous conditions include, but are not
limited to, the accumulation of snow, ice and debris, deteriorated, broken, uneven and
missing pavement and the growth of vegetation in cracks and crevices.
All off street parking areas, all driveways leading to such parking areas and all
other areas upon which vehicles may be located shall be hard surfaced and shall conform
to Chapter 9, Section I of City Code. Driveway and parking areas that are currently hard
surfaced, but do not meet all of the current requirements, can maintain the legal non-
conforming driveway and parking areas until such time as the hard surface is damaged,
deteriorated, or replaced. At which time driveway and parking areas shall be
reconstructed to the current requirements of Chapter 9, Section I of City Code. Premises
that have handicap accessible parking shall maintain the required handicap parking per
the State Building Code.
(L) Infestation. All structures and exterior property shall be kept free from
insect, bird and rodent infestation. All structures in which insects, birds or rodents are
found shall be promptly exterminated by approved processes that will not be injurious to
human health. After extermination, proper precautions shall be taken to prevent re-
infestation. No owner or occupant of a premises shall accumulate or permit the
accumulation of any materials in such a manner that may provide insect, bird and rodent
harborage, or serve as food for same, in or about structures or premises.
(M) Exhaust Vents. Pipes, ducts, conductors, fans or blowers shall not
discharge gases, steam, water, vapor, hot air, grease, smoke, odors or other gaseous or
particulate wastes directly upon abutting or adjacent public or private property or that of
another tenant.
(N) Accessory Strztctures. All accessory structures, including detached
garages, storage buildings and sheds, shall be maintained structurally sound and in good
repair per Section ~A.203.
(O) Fences, Free Standing Walls, and Retaining Walls. All fences, free
standing walls, and retaining walls shall be constructed and regulated in accordance with
Chapter 6, Article IV of the Columbia Heights City Code and maintained per section
SA.203.
(P) Jzznk Vehicles and Abandoned Motor Vehicles. Junk vehicles and
abandoned motor vehicles shall conform to the requirements of Chapter 7, Article II of
City Code incorporated herein. Vehicles that are inoperative and are awaiting repairs on
the premises of an approved repair or body shop occupancy or their storage areas inay be
inoperative up to seven days. Sunk or abandoned vehicles that are taken, or impounded,
due to a legal process may be stored on a premises that meets City zoning far this type of
storage, for up to two weeks after the legal holding time or process is complete. Painting
of vehicles is prohibited unless conducted inside an approved spray booth. A vehicle of
any type is permitted to undergo major overhaul, including bodywork, provided that such
work is performed inside a structure ar similarly enclosed area designed and approved for
DRAFT 08/2&/2007
such occupancy through the Minnesota State Building Code, Minnesota State Fire Code
and meeting City zoning regulations.
(Q) Defacement of Property. No person shall willfully or wantonly damage,
mutilate or deface any exterior surface of any structure nr huildin~ nn any nriv~te ~r
~ J ~ _ ____J 1 __ ____ __
public property by placing thereon any marking, carving or graffiti. It shall be the
responsibility of the owner to restore said surface to an approved state of maintenance
and repair per section 8.204(R) of City Code.
(R) Swimming pools. Swimming pools, spas and hot tubs, including all
required fencing and safety features, shall be maintained in a clean and sanitary
condition, and in good repair. Swimming pools, spas, and hot tubs shall conform to
Chapter 6, Article V of the City Code incorporated herein by reference.
(S) Pets. Exterior of premises where animals are allowed to roam, including
caged areas and pens, shall be maintained free of an accumulation of animal waste,
bedding materials and food that would attract insects, rodents, or any other vermin and
cause an odor that would adversely affect adjoining properties.
§5A.203 EXTERIOR STRUCTURE.
(A) General. The exterior of a structure shall be maintained in good repair,
structurally sound and sanitary so as not to pose a threat to the public health, safety or
welfare.
(B) Protective Treatment. All exterior surfaces, including but not limited to,
siding, doors, door and window frames, cornices, porches, trim, balconies, signs
(including pilon and monument), canopies, lighting, posts/poles, decks, retaining walls
and fences shall be maintained in good condition. Exterior woad surfaces, other than
decay-resistant woods, shall be protected from the elements and decay by painting or
other protective covering or treatment. Rotting and deteriorated surfaces shall be
replaced. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted.
All siding and masonry joints as well as those between the building envelope and the
perimeter of windows, doors, and skylights shall be maintained weather resistant and
water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such
rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to
inhibit future rust and corrosion. Oxidation stains shall be removed from exterior sur-
faces. Surfaces designed for stabilization by oxidation are exempt from this requirement.
If any structure is remove or demolished for any purpose, all parts of the demolished
structure are to be removed, including utilities, foundations and footings, unless those
parts are to be reused for a new structure and is approved by the Building Official.
(C) Premises Identification. Buildings shall have approved address numbers
placed in a position. to be plainly legible and visible from the street or road fronting the
property. Where applicable, buildings shall also have approved address numbers placed
in a position to be plainly legible and visible from streets and alleys to the rear of
properties. These numbers shall be Arabic numerals of a contrasting color to their
background. Numbers shall be a minimum of 4 inches (102mm) high with a minimum
stroke width of 0.5 inch (12.7mm).
(D) Strtactuy°al Members. All structural members shall be maintained free from
deterioration, and shall be capable of safely supporting the imposed dead and live loads.
DRAFT 08/28/2007
(E) Foundation Walls. All foundation walls shall be maintained plumb and
free from open cracks and breaks and shall be kept in such condition so as to prevent the
entry of rodents and other pests.
(F} Exterior Walls. All exterior walls shall be free from holes, breaks, and
loose or rotting materials; and maintained weatherproof and properly surface coated
where required to prevent deterioration.
(G) Rodent Proof. Each part of every structure shall be rodent resistant. All
openings in exterior walls, foundations, basements, ground or first floors or roofs shall be
rodent-proofed in an approved manner.
(H) Roofs and Drainage. The roof and flashing shall be sound, tight and not
have defects that admit rain. Roofing materials that have deteriorated or are damaged
shall be replaced. Roof drainage shall be adequate to prevent dampness or deterioration
in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall
be maintained in good repair and free from obstructions. Roof water shall not be
discharged in a manner that creates a public nuisance, or adversely affects adjoining
premises.
(I} Decorative Features. All cornices, belt courses, corbels, terra cotta trim,
wall facings and similar decorative features shall be maintained in good repair with
proper anchorage and in a safe condition.
(J) Overhang Extensions. All overhang extensions including, but not limited
to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts
shall be maintained in good repair and be properly anchored so as to be kept in a sound
condition. When required, all exposed surfaces of metal or wood shall be protected from
the elements and against decay or rust by periodic application of weather-coating
materials, such as paint or similar surface treatment.
(K) Stairways, Decks, Porches and Balconies. Every exterior stairway, deck,
porch and balcony, and all appurtenances attached thereto, shall be maintained
structurally sound, in good repair, with. proper anchorage, capable of supporting the
imposed loads and to the requirements of section SA.204(D).
(L) Chimneys and Towers. All chimneys, cooling towers, smoke stacks, and
similar appurtenances shall be maintained structurally safe and sound, and in goad repair.
Aii exposed SuriaCeS Gf iT'ietai or wood Sl'iali be protected froiT'i the clciTients grid against
decay or rust by periodic application of weather-coating materials, such as paint or
similar surface treatment.
(M) Handrails and Guards. Every handrail and guard shall be installed and
maintained per section SA.204F.
(N) Window, Sk~rlight and Door Frames. Every window, skylight, door and
frame shall be kept in sound condition, good repair and weather tight.
(O) Glazing. All glazing materials shall be maintained free from cracks and
holes. Glazing that is replaced shall be replaced with safety glazing where required by
the State Building Code.
(P} Openable Wicadows. Every window, other than. a fixed window, shall be
easily openable and capable of being held in position by window hardware. Openable
windows located in whole or in part within 6 feet (1828 mm} above ground level or a
walking surface below, that provide access to a dwelling unit, rooming unit or
housekeeping unit that is rented, leased or let shall be equipped with window sash
DRAFT osi2si2oo~
locking devices.
(Q) Insect Screens. During the period from May 1 to September 30, every
openable window and other outside openings required for ventilation shall be supplied
With anr~rnve~ tiahtl~~ fitting c~raanc of not lace than 1 (, mach nPr ;n~h !1 (~ „-,aoh ,zc~r 7G
.. ---- --rr-... _._ ._a__._~ _......a ............. ... ....~ .....,. ,...... , ., ....,~~~ Yva ~~..,.. ~ ~ ~, ~~...~,~ j....~ ~.~
mrn). Screens shall be maintained tight fitting and free of tears or holes. Screens shall not
be required where other approved means, such as air curtains or insect repellent fans, are
employed. Window units that have a permanent screen as part of the window unit are
required to maintain the screen year round.
(R) Doors. Ali exterior doors, door assemblies and hardware shall be
maintained in good working condition. Doors shall be maintained free of defects, holes,
or damage, shall fit reasonably well within its frame, shall be capable of being easily
opened and closed, and shall be properly and securely attached to jambs, headers or
tracks as intended by the manufacturer of the attachment hardware. Locks at all en-
trances to dwelling units, rooming units and guestrooms shall tightly secure the door.
Locks on means of egress doors shall be in accordance with the State Building Code and
State Fire Code. All rated interior and exterior doors and assemblies, per the Minnesota
State Building Code and Minnesota State Fire code, shall be maintained at the intended
rating. Doors and assemblies that need to be replaced due to damage or deterioration
shall be replaced with doors and assemblies that meet the intended rating.
(S) Basement Hatchways. Every basement hatchway shall be maintained to
prevent the entrance of rodents, rain and surface drainage water. Basement hatchways
that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented,
leased or let shall be equipped with devices that secure the units from unauthorized entry.
(T) Gzzards.for Basement Windows. Every basement window that is openable
shall be supplied with rodent shields, storm windows, screens or other approved
protection against the entry of rodents.
(U) Bz.zilding Seczzrity. Doors, windows or hatchways for dwelling units,
rooming units or housekeeping units shall be provided with devices designed to provide
security for the occupants and property within. Doors providing access to a dwelling
unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with
a deadbolt lock meeting specifications set forth herein. Such deadbolt locks shall have a
lock throw of not less than 1-inch. For the purpose of this section, a sliding bolt shall not
be considered an acceptable deadbolt lock. Such deadbolt locks shall be installed
according to manufacturer's specifications and maintained in good working order. All
deadbolt locks required by this section shall be designed and installed in such a manner
so as to be operable inside of the dwelling unit, rooming unit or housekeeping unit only
by the turning of a knob or a lever and without the use of a key, tool, combination thereof
or any other special knowledge or effort.
In buildings of four or more dwelling units, rooming units or hausekeeping units that are
rented, leased or let and where access to the individual dwelling units are gained through
a common corridor or building entrance, an approved security system to control access
shall be installed and maintained. The security system shall consist of locked building
entrance or foyer doors. 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
DRAFT osizgi2oo~
shall be of the type that is permanently locked. A communication system or device such
as an intercom, telephone, audible bell or buzzer or other approved means of making
contact with the individual dwelling unit tenants must be provided and maintained.
§ SA.204 INTERIOR STRUCTURE.
(A) General. The interior of a structure and equipment therein shall be
maintained in good repair, structurally sound and in a sanitary condition. Occupants shall
keep that part of the structure, which they occupy or control, in a clean and sanitary
condition. Every owner of a structure containing a rooming house, housekeeping units, a
hotel, a dormitory, two or more dwelling units or nonresidential occupancies, shall
maintain, in a clean and sanitary condition, the shared or public areas of the structure and
exterior property.
(B) Structural Members. All structural members shall be maintained
structurally sound, and be capable of supporting the imposed loads.
(C) Interioz- Surfaces. All interior surfaces, including windows and doors, shall
be maintained in good, clean, sanitary and weatherproofed condition. Peeling, chipping,
flaking or abraded paint or other surface coverings shall be repaired, removed or covered.
Cracked or loose plaster, holes, decayed wood and other damaged or defective surface
conditions shall be corrected. Interior surfaces may not be covered wholly or partially by
toxic paint or materials with a lasting toxic effect. All interior surfaces shall be protected
against the passage and harborage of vermin and rodents. Interior surfaces that are part
of a fire rated assembly shall be maintained to the intended rating. Mold shall be
removed from all surfaces and sub-surfaces. The cause of the mold shall be found and
abated to prevent reoccurrence. Standing water and water damage shall be investigated
to find and abate the source. Surfaces that are wet and/or damaged from water shall be
thoroughly dried, cleaned or replaced.
(D) Stairs and Walking Surfaces. Every stair, ramp, landing, balcony, porch,
deck or other walking surface shall be maintained in sound condition, free of hazards, and
in good repair. 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 Hight of stairs shall have handrails which
conforn to the standards set forth in the Minnesota State Building Code. Every porch,
balcony or deck which is more than 30 inches high shall have a guardrail installed and
maintained to Section SA.205(F). 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 surfaces and supports.
The treads and risers of every flight of stairs, except spiral or winding stairways, shall be
essentially uniform in width and height.
(E) Interior Doors. Interior doors shall be maintained free of defects, holes, or
damage. Every interior door shall fit reasonably well within its frame and shall be
capable of being opened and closed by being properly and securely attached to jambs,
headers or tracks as intended by the manufacturer of the attachment hardware. Door
hardware shall be maintained in working condition.
(F) Guards and Handrails. Every handrail and guard shall be firnly fastened
and capable of supporting nornally imposed loads and shall be maintained in good
DRAFT 08/28/2007
condition. Handrails and guards shall be installed and maintained to the requirements of
the Minnesota State Building Code and Minnesota State Fire Code.
(G) Pets. Interior of structures where animals are allowed to roam, including
cages, caged areas; and litter hexes shawl be maintained free of an acc,,,n„lation of ani,,,al
waste that may cause an odor that could affect the health of the animal and residents and
adversely affect adjoining spaces or dwelling units.
§ 5A.205 RUBBISH, GARBAGE, RECYCLING, and COMPOSTING.
(A) Accacmulation of Rubbish or Garbage. All exterior property and premises,
and the interior of every structure, shall be free from any accumulation of rubbish or
garbage.
(B) Disposal of Rubbish. Every occupant of a structure shall dispose of all
rubbish in a clean and sanitary manner as established by City Code. Rubbish, garbage,
recycling, yard waste, and appliances shall not be placed on the curb line more than 24
hours prior to scheduled collection or be left on the curb line more than 24 hours after
scheduled collection.
(C} Racbbish, Garbage, Recycling, and Composting. Rubbish, garbage,
recycling, yard waste, and composting shall be regulated in accordance with Chapter 8,
Article III of the Columbia Heights City Code, which is incorporated herein by reference.
Exposure of unused refrigerators or containers to children shall meet the requirements of
MN Statute 609.675.
(D) Container Storage. The storage of garbage and recycling, and their
containers, is not allowed in any public area inside of structures unless specifically
allowed by the Minnesota State Building Code and the Minnesota State Fire Code.
(E) Screening. All 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. Screening shall consist of any combination of 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
l~eigi~t and sire of the area for which screening is required. W nee 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 opacity
year-round.
§ SA.206 OCCUPANCY LIMITATIONS.
(A) Occupancy limitations for all non-residential properties shall be
determined by the type of occupancy and the occupant load limits set by the Minnesota
State Building Code and Minnesota State Fire Code.
(B) Permissible occupancy of rental dwelling unit. The maximum permissible
occupancy of any legal or legal non-conforming rental dwelling unit at the time this code
is adopted shall be determined as follows:
D12AFT osiz8izoo7
(1 } For the first occupant, 150 square feet of habitable room floor
space and far every additional occupant thereof, at least 100 square feet of habitable
room floor space.
(C} The minimum permissible square footage of anv_ new rental property.
initially licensed after the adoption of this code, shall meet the minimum requirements of
Section 9.106(D) of City Code.
(D) In no event shall the total number of occupants exceed two times
the number of bedrooms, in the rental dwelling unit.
(E} In no event shall an occupant be allowed to sleep in a basement, or shall a
bed, in a usable position, be present in a basement unless the space, through the City
permit process, meets all requirements of the Minnesota State Building Cade for use as a
bedroom.
(F} No person shall occupy as an owner-occupant or let to another for
occupancy any dwelling unit for occupancy by snore than one family, other than for
temporary guests. Family is defined in Section 9.103 of City Code.
§ 5A.207 LIGHT.
(A) Non-residential Occupancies. Lighting shall be installed and maintained
to the requirements of the Minnesota State Building Code and City Code.
(B) Residential Occupancies. Every habitable space shall have at least one
window of approved size facing directly to the outdoors or to a court. The minimum total
glazed area for every habitable space shall be 8 percent of the floor area of such room.
Wherever walls or other portions of a structure face a window of any room and such
obstructions are located less than 3 feet (914 min) from the window and extend to a level
above that of the ceiling of the room, such window shall not be deemed to face directly to
the outdoors nor to a court and shall not be included as contributing to the required
minimum total window area for the room.
Exception: Where natural light for rooms or spaces without exterior glazing areas
is provided through an adjoining room, the unobstructed opening to the adjoining
room shall be at least 8 percent of the floor area of the interior room or space, but
not less than 25 square feet (2.33 m'). The exterior glazing area shall be based on
the total floor area being served.
(C) Common Halls and Stairways. Every common hall and stairway in
residential occupancies, other than in one- and two-family dwellings, shall be lighted at
all times. Where natural light is not sufficient, common halls and stairways are to be
lighted with at least a 60-watt standard incandescent light bulb far each 200 square feet
(19 m2) of floor area or equivalent illumination, provided that the spacing between lights
shall not be greater than 30 feet (9144 mm). A minimum of 1 footcandle (11 lux) shall
be provided on the exterior pathway from the structure to the parking areas and garages.
In other than residential occupancies, means of egress, including exterior means of egress
stairways shall be illuminated at all times the building space served by the means of
egress is occupied with a minimum of 1 footcandle (11 lux) at floors, landings and treads.
(D) Other Spaces. All other spaces shall be provided with natural or artificial
light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy
of the space and utilization of the appliances, equipament and fixtures.
DRAFT a8i28i2oo7
§ SA.208 VENTILATION.
(A) Habitable Spaces. Every habitable space shall have at least one openable
window. The total ot~enable area of the window in every rn~m shall hP ern~al to ar lead
45 percent of the minimum glazed area required in Section SA.207(B).
Exception: Where rooms and spaces without openings to the outdoors are
ventilated through an adjoining room, the unobstructed opening to the adjoining
room shall be at least 8 percent of the floor area ofthe-interior room or space, but
not less than 25 square feet (2.33 m2). The ventilation openings to the outdoors
shall be based on a total floor area being ventilated.
(B) Nonhabitable Spaces. Laundry rooms, utility rooms, or other
nonhabitable rooms 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.
(C) Bathrooms and Toilet Rooms. Every bathroom and toilet room. shall
comply with the ventilation requirements for habitable spaces as required by Section
SA.208(A), except that a window shall not be required in such spaces equipped with a
mechanical ventilation system. Air exhausted by a mechanical ventilation system from a
bathroom or toilet room shall discharge to the outdoors and shall not be recirculated.
(D) Cooking Facilities. Ventilation of cooking facilities shall meet the
requirements of the Minnesota State Building Code. Unless approved through the certifi-
cate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit,
and a cooking facility or appliance shall not be permitted to be present in a rooming unit
or dormitory unit unless specifically approved in writing by the code official.
(E) Process Ventilation. Where injurious, toxic, irritating or noxious fumes,
gases, dusts or mists are generated, a local exhaust ventilation system, meeting the
requirements of the Minnesota State Building Code, shall be provided to remove the con-
taminating agent at the source. Air shall be exhausted to the exterior and not be
recirculated to any space.
(F) Clothes Dryer Exhaz~st. Clothes dryer exhaust systems shall be
independent of all other systems and shall be exhausted in accordance with the
iiianufaciurer's ii~sti~ctions and the Minnesota State Building Code.
~ SA.209 PLUMBING.
(A} General. All plumbing fixtures shall be properly installed and maintained
in working order, and shall be kept free froYn obstructions, leaks and defects and be
capable of performing the function for which such plumbing fixtures are designed. All
plumbing fixtures shall. be maintained in a safe, sanitary and functional condition.
(B) Nlinim~atim Rega.~irements. Each dwelling unit must contain:
a. A kitchen sink.
b. A counter or table for food preparation, cabinets and/or shelves
for storage or eating, drinking, cooking equipment and utensils,
and of food that does not require refrigeration for safekeeping
that shall be of sound construction covered with surfaces that
are easily cleanable and that will not impart any toxic or
DRAFT 08/28/2007
deleterious effect to food.
c. An operational and functioning stove for cooking food and a
refrigerator for the safe storage of food which are properly
installed with all nPCeccarv cnnnP~tinnc fir cafe canrtarv 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. A nonhabitable room which is equipped with a flush water
closet in compliance with the Minnesota State Building Code.
Such room shall have an entrance door which affords privacy.
Said flush water closet shall be equipped with easily cleanable
surfaces.
e. A lavatory sink. Said lavatory sink maybe 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. Said lavatory sink shall be equipped with easily
cleanable surfaces.
f. 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. Said bathtub or shower
shall be equipped with easily cleanable surfaces.
(C) Fixticre Clearances. Plumbing fixtures shall have adequate clearances for
usage and cleaning.
(D) Plumbing Svstem Hazards. Where it is found that a plumbing system in a
structure constitutes a hazard to the occupants or the structure by reason of inadequate
service, inadequate venting, cross connection, backsiphonage, improper installation,
deterioration or damage or for similar reasons, the code official shall require the defects
to be corrected to eliminate the hazard. If at any time the waste side of the plumbing
system backs up into a structure, thereby causing an unsanitary condition, the cause of the
back up shall be investigated and abated. All surfaces and items contaminated shall be
removed or cleaned and sterilized. The Building Official shall give final approval prior
to occupancy of the contaminated space.
(E) Water. Every sink, lavatory, bathtub or shower, drinking fountain, water
closet or other plumbing fixture shall be properly connected to a public water system. All
kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with
hot or tempered and cold running water in accordance with the Minnesota State Building
Cade.
(F) Contamination. The water supply shall be maintained free from
contaanination, and all water inlets far plumbing fixtures shall be located above the fload-
level ri~n of the fixture. Shampoo basin faucets, janitor sink faucets and other base bibs or
faucets to which hoses are attached and left in place, shall be protected by an approved
DRAFT 08/28/2007
atmospheric-type vacuum breaker or an approved permanently attached hose connection
vacuum breaker.
(G) Supply. The water supply system shall be installed and maintained to
YlY(1ViC~P. A C11tlYl~V of water t!l Y1~171Y1~'11T1O f7Xt17YPC !~( ~7i!'PC aril ar~n~irtar~anrac iri e~i~~iniAnl-
t._~.._~_ ~ .. »YY_J ...~ .. ....,._ .., Y'»... ~, ~.~b ate....»: .+.,, ..~...,..vv ua...s ~..rr ui ~vaauaavv.~ iai .~uaias.avai~
volume and at pressures adequate to enable the fixtures to function properly, safely, and
free from defects and leaks
(H) Water Heating Facilities. Water heating facilities shall be properly
installed, maintained and capable of providing an adequate amount of water to be drawn
at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of
not less than 110°F (43°C). Agas-burning water heater shall not be located in any
bathroom, toilet room, bedroom or other occupied room normally kept closed, unless
adequate combustion air is provided per the Minnesota State Building Code. An
approved combination temperature and pressure-relief valve and relief valve discharge
pipe shall be properly installed and maintained on water heaters.
(I) Sewer. All plumbing fixtures shall be properly connected to a public
sewer system.
(J} Maintenance. Every plumbing stack, vent, waste, stone water pipes, and
sewer lines shall function properly and be kept free from obstructions, leaks and defects.
(K)Stoy°m Drainage. Drainage of roofs and paved areas, yards and courts, and
other open areas on the premises shall not be discharged in a manner that creates a public
nuisance.
§ SA.210 HEATING AND MECHANICAL.
(A) Heating Facilities Required. Heating facilities shall be provided in
structures as required by this section.
(B) Non-Residential Occupancies. All occupiable indoor workspaces shall be
provided with heating facilities as required by the Minnesota State building Code.
(C) Residential Occupancies. Dwellings shall be provided with heating
facilities capable of maintaining a room temperature of 68 degrees F. in all habitable
rooms, bathrooms and toilet rooms. Cooking or water heating appliances shall not be
used to provide space heating to meet the requirements of this section. Portable heating
equipment employing flame or the use of liquid fuel shall not be considered as heating
facilities within the meaning of this section and is prohibited. No owner or occupant
shall install, operate or use a space heater employing a flame that is not vented outside
the structure in an approved manner. No owner shall supply portable electric heaters to
comply with this section.
(D) Heat Saipply. Every owner and operator of any building who rents, leases
or lets one or more dwelling unit, rooming unit, dormitory or guestroom on teens, either
expressed or implied, to furnish heat to the occupants thereof shall supply heat during the
period from September 15 to May 15 to maintain a temperature of not less than 68
degrees F. in all habitable rooms, bathrooms, and toilet rooms. When the outdoor
temperature is below the winter outdoor design temperature for the locality, maintenance
of the minimum roomm temperature shall not be required provided that the heating system
is operating at its full design capacity.
DRAFT 08/28/2007
(E) Room temperatacre measurement. The required room temperatures shall be
measured 3 feet above the floor level and 3 feet from exterior walls.
(F} Mechanical Appliances. All mechanical appliances, frreplaces, solid fuel-
burnin~ annHances. conking annliancee and water hPatinu anniiancPC chap he nrnnarl~~
installed and maintained in a safe working condition, and shall be capable of performing
the intended function.
(G) Removal of Combustion Products. All fuel-burning equipment and
appliances shall be connected to an approved chimney or vent unless the fuel-burning
equipment and appliances are labeled for unvented operation.
(H) Clearances. All required clearances to combustible materials shall be
maintained.
(1) Safety Contrrols. All safety controls for fuel-burning equipment shall be
maintained in effective operation.
(J) Combustion Air. A supply of air for complete combustion of the fuel and
for ventilation of the space containing the fuel-burning equipment shall be provided for
the fuel-burning equipment.
(K) Energy Conservation Devices. Devices intended to reduce fuel
consumption by attachment to afuel-burning appliance, to the fuel supply line thereto, or
to the vent outlet or vent piping therefore, shall not be installed unless labeled for such
purpose and the installation is specifically approved by the Building Official.
§ 5A.2ll ELECTRICAL.
(A) Facilities Required. Every occupied building shall be provided with an
electrical system in compliance with the requirements of this section.
(B) Service. The size and usage of appliances and equipment shalt serve as a
basis for determining the need for additional facilities in accordance with the Minnesota
State Building Code. As a minimum, existing dwelling units shall be served by a three-
wire, 120/240 volt, single-phase electrical service having a rating of not less than 60 am-
peres.
(C) Electrical System Hazards. Where it is found that the electrical system in a
structure constitutes a hazard to the occupants or the structure by reason of inadequate
service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or
installation, deterioration or damage, or for similar reasons, the code official shall require
the defects to be corrected to eliminate the hazard.
(D) Equipment. A11 electrical equipment, wiring and appliances shall be
installed and maintained to the Minnesota State Building Cade.
(E) Receptacles. Every habitable space in a dwelling shall contain at least two
separate and remote receptacle outlets. Every kitchen and laundry area shall contain at
least one grounded-type receptacle or a receptacle with a ground fault circuit interrupter.
Every water closet compartment and bathroom shall contain at least one receptacle with
ground fault circuit interrupter protection.
(F) Lighting Fixtures. Every interior stairway, toilet room, kitchen., bathroom,
laundry roomm, boiler room, furnace room and public hall, shall contain at least one
electric lighting fixture.
DRAFT 08/28/2007
(G) Elevators, Dumbwaiters and Escalators. Elevators, dumbwaiters and
escalators shall be maintained to sustain safely all imposed loads, to operate properly, and
to be free from physical and fire hazards. The most current certificate of inspection shall
be on display at all dines within the elevator or attached to the escalator or dumbwaiter:
or the certificate shall be available for public inspection in the office ofthe building
operator. In buildings equipped with passenger elevators, at least one elevator shall be
maintained in operation at all times when the building is occupied. Buildings equipped
with only one elevator shall be permitted to have the elevator temporarily out of service
for testing or servicing.
(H) Duct Systems. Duct systems shall be maintained in a clean. condition, free
of obstructions and shall be capable of performing the required function.
§ 5A.21.2 FIRE SAFETY.
(A) Scope. The provisions of the Minnesota State Fire Cade and Minnesota
State Building Code incorporated herein by reference, and City Code shall govern the
minimum conditions and standards for fire safety relating to all premises.
(B) Systems. All systems, devices and equipment to detect a fire, actuate an
alarm, or suppress or control a fire or any combination thereof shall be installed and
maintained in an operable condition at all dines in accordance with the Minnesota State
Fire Code.
(C) Smoke Alarms. Smoke alarms in dwellings, apartment houses, hotels, and
lodging houses shall be installed and maintained to the requirements of State Statute
299F.362.
(D) Carbon Monoxide Alarms. Minnesota Statute 299F.50 requires approved
carbon monoxide (CO) alarms in all single-family homes and multifamily apartment
units with effective dates as follows.
1. All new construction single-family homes and multi-family
dwellings where building permits were issued on or after January 1,
2007.
2. Ali existing single-family homes effective August 1, 2008.
~. Ali existing lira ti-iaiiiiiy or apaiiiiieiit dweuiiig units efiective August
1, 2009.
(E) Carbon Monoxide Alarnz Requirements. The installation, maintenance,
duties and exceptions for carbon monoxide alarms shall be as required by State Statute
299F.50 and 299F.51.
(F) Storage. All storage in mechanical, utility, boiler, fire suppression and
laundry rooms shall conforn to the requirements of the Minnesota State Fire Code for all
non-residential properties and all residential properties of three or more dwelling units.
In occupancies that have separate storage rooms, storage shall be maintained in an
orderly manner with aisle ways to all parts of the room. Where storage lockers are
provided no storage is allowed outside of the lockers and the lockers are required to be
locked at all dines. In one and two family dwellings storage shall be maintained in an
orderly manner with a minimum 36- inch clearance from all fuel burning and electrical
appliances.
DRAFT 08/28/2007
(G) Hazardous storage. Hazardous items such as, but not limited to, tires,
flammable gas/liquid containers, power equipment with fuel, and explosives are not
allowed to be stored in residential occupancies that are let for occupancy. Storage of
these tvues of items in non-residential occupancies shall meet the renniremPntc of the
Minnesota State Fire Code.
(H) Extension cords. The use of extension cords and multi-plug type of
adapters shall meet the requirements of the Minnesota State Fire Code.
DRAFT 08/28/2007
ICL il: I CT'I E T
section
SA x(11
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~,.~~~~.,.,~...,.~~ w.~u ~a~~rd~«v~~ u~.«~.,aa~y
SA.302 Inspection access
SA.303 Inspections
SA.304 Compliance order
SA.305 Posting to prevent occupancy
SA.306 Right of appeal
SA.30'7 Board of Appeals
§ SA.301 ENF'ORCEIVIENT AND INSPECTION AUTI-IORIT4'.
The City Manager and his designated agents shall be the Property Maintenance
Enforcement Officer who shall administer and enforce the provisions of the chapter.
Inspections shall be conducted during reasonable hours, and, upon request the Property
Maintenance Enforcement Officer shall present evidence of his official capacity to the
owner, occupant or person in charge of a dwelling unit sought to be inspected.
§ SA.302 INSPECTION ACCESS.
If an owner, occupant or other person in charge of a premises fails or refuses to
permit free access and entry to the structure or premises, or any part thereof, for an
inspection authorized by this article, the Property Maintenance 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 premises, petition and obtain an order to inspect and/or search warrant from a
court of competent jurisdiction.
§ SA.343 INSPECTIONS.
Premises shall be inspected in accordance with the City`s "Property Maintenance
Inspection Policy,"
§ SA.304 COMPLIANCE ORDER.
(A} Whenever the Property Maintenance Enforcement Officer determines that
any premises fails to meet the provisions of this chapter, he may issue a compliance order
setting forth the violations of the chapter and ordering the owner, occupant, operator, or
agent to correct such violations. The compliance order shall:
(1 } Be in writing;
(2) Describe the location and nature of the violations of this code;
(3} Establish a reasonable time, per the Property Maintenance
Inspection Policy, for the correction of such violation;
(4} Advise the person to whom the notice is directed of the right to
appeal; and
DRAFT 08/28/2007
(5) Be served upon the owner, 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:
(a) Served ur~on them nersonally:
(b) Sent by snail to the address given in the most recent
occupancy license application on file;
(c) Sent by mail to their last known address; or
(d) Upon failure to effect notice through subdivisions (a) thru
(c) as set out in this section, posted at a conspicuous place in or about the premises which
is affected by the notice.
(B} Upon. correction of all Property Maintenance Code violations as set forth
in the compliance order, the Property Maintenance Enforcement Officer shall, upon
request of the owner or landlord, occupant, operator or agent issue a written statement
that all violations have been corrected in accordance with the property maintenance code.
§ SA.305 POSTING TO PREVENT OCCUPANCY.
The Property Maintenance Enforcement Officer may post any building, structure
or premises covered by this article as being in direct violation of the chapter 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 45 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
Property Maintenance 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.
§ 5A.306 RIGHT OF APPEAL.
When a person to whom a compliance order is directed alleges that such
compliance order is based upon erroneous interpretation of the chapter or upon a
misstatement or mistake of fact, such person may appeal.
§ SA.307 BOARD OF APPEALS.
Any person directly affected by a decision of the code official or a notice or order
issued under this code shall have the right to appeal. to the Board of Appeals, provided
that a written application. for appeal is filed within the time given, on the original
violation notice, for the correction of violations. An application for appeal shall be based
on a claim that the true intent of this code or the rules legally adopted there under have
been incorrectly interpreted, the provisions of this code do not fully apply, or the
requirements of this code are adequately satisfied by other means.
DRAFT 08/28/2007
If proper application is made and fees paid, a hearing will be scheduled with the
Board of Appeals.
All hearings before the Board shall be open to the public. The appellant, the
appellant's representative. the code official and anv person whose interests are affected
shall be properly notified of the public hearing and shall be given an opportunity to be
heard.
Appeals of notice and orders (other than Imminent Danger notices) shall stay the
enforcement of the notice and order until the appeal is heard by the appeals board.
DRAFT 08/28/200'7
I L 1 I 1
Section
S 4 d(17
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iivvaa.~v iva~uaivu
SA.402 License procedures
SA.403 Application and inspection
SA.404 Issuance of rental housing license
SA.405 License display
SA.406 License transfer
SA.407 License renewal
SA.408 Suspension or revocation
SA.409 License fees
SA.410 Conduct on licensed premises
SA.411 Background checks
§ SA.401 OCCUPANCY LICENSE REQUIRED.
No person, firm, government agency or corporation shall own a premises that is
rented, leased, let, or used for any type of occupancy in the city without having first
obtained an Occupancy License (license) as hereinafter provided and outlined in the
Property Maintenance Inspection Policy. Each such licensee shall register annually with
the City. If the license is denied, no occupancy of a premises, 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 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.
Exception: Owner occupied single-family home occupancies.
~ 5A,402 OCCUPANCY L ICEIVSF PROCF'i~i1i~EC~
(A) Thirty days after the passage of this chapter, the owner of any premises
within the city not previously licensed, or, the owner of any premises whose license
expires subsequent to said thirty days shall apply to the Property Maintenance
Enforcement Officer for an occupancy license in the manner hereafter prescribed.
(B) Application shall be made on forms provided by the city and accompanied
by the initial fee in an amount set by resolution of the City Council. The owner of a
premises constructed after the date of passage of this chapter shall obtain a license prior
to actual occupancy of the premises.
(C) Applicants shall provide requested information on license applications
which may include, but is not limited to:
(1 } Name and address of owner of the premises. The owner must
identify a designated property manager responsible for operation
and maintenance of each licensed property. The owner may be the
designated property manager.
DRAFT 08/28/2007
(2) If the property is owned by a corporation, the name and address of
a corporate officer is required. The property address or a P.O. box
cannot be used to fulfill this requirement.
(~l The name an~i ar~rlrecc of the venr~PP if the r~rn»erty is heina enl~i rn
a contract for deed.
(4) The address of the property to be licensed.
(5) In residential property the number of dwelling units, and the
number of bedrooms in each dwelling unit. In non-residential
property the square footage of the building (if wholly used by one
occupant), or the square footage of the individual tenant spaces.
(6) The number of paved off-street parking spaces available.
(7) Name and address of person to whom owner/applicant wishes a
letters/notices to be sent for purposes of § SA.304(A).
(8) All owners of a premises shall provide contact information for the
owner and property manager, including telephone access numbers
to be used in emergency situations and emergency maintenance
and repair. The owner must provide the city with any contact
information changes occurring within the license period. This
requirement shall be a condition precedent to the issuance of any
occupancy license.
(9) Such other information as the administrative service shall require.
The information may include, but is not limited to tenant lists
which include tenant's name, unit, and identifying information (i.e.,
date of birth and driver's license number).
(10} The owner must submit verification that the Crime Free/Drug Free
and Disorderly Use language required by section SA.410 is
contained in the licensed property tenant lease or leases.
(D) Failure to complete, in full, the required license application shall be
grounds for denial of the license.
(E) Dwellings for hire where 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 are eligible far a family exemption per the Property Maintenance Code
Inspection Policy.
~ SA.403 APPLICATION AND INSPECTION.
When required in accordance with the City's "Property Maintenance Inspection
Policy" the Property Maintenance 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 an occupancy license.
DRAFT 08/28/2007
§ SA.404 ISSUANCE OF OCCUPANCY LICENSE.
If the premises is in compliance with the requirements of the code, a license shall
be issued to the present owner, occupant or agent and shall state that the structure/space
has been inspected and is in compliance with the requirements of the code. If the city
finds that the circumstances of occupancy following the issuance of the license involve
an occupancy change, complaint, possible code violations, substandard maintenance or
abnormal wear and tear, the city may again inspect the premises during the licensing
period.
§ SA.405 OCCUPANCY LICENSE DISPLAY.
A license issued under this chapter maybe conspicuously displayed on the
premises wherever feasible. The licensee shall promptly produce the license upon
demand of a prospective tenant, current tenant or the Property Maintenance Enforcement
Officer or his authorized representative.
§ SA.406 OCCUPANCY LICENSE TRANSFER.
The license is transferable upon application to the Property Maintenance
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 premises. The amount of the transfer fee shall be set by Resolution of the Council.
It shall be unlawful far the owner of any premises who has received a compliance
order or upon whom a notice of violation has been served to sell, transfer, mortgage,
lease or otherwise dispose of such premises to another until the provisions of the
compliance order or notice of violation have been complied with, or until such owner
shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any
compliance order or notice of violation issued by the code official. and shall furnish to the
code official a signed and notarized statement from the grantee, transferee, mortgagee or
lessee, acknowledging the receipt of such compliance order or notice of violation and
fully accepting the responsibility without condition for making the corrections or repairs
required by such compliance order or notice of violation.
§ SA.407 OCCUPANCY LICENSE RENEWAL.
(A) All occupancy licenses shall be effective for a period of one year.
However, renewal. of licenses, as required annually by this code, maybe made by:
(1) Completing the renewal application furnished to the owner,
operator, or agent of the premises, by the Property Maintenance Enforcement Officer;
(2) Mailing the renewal application and the required fees to the
Property Maintenance Enforcement Officer; and
(3} Successful completion of the Property Maintenance Code
inspection as required by § SA.303.
DRAFT 08/28/2007
(B) 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 premises
has occurred in the last licensing? vear_
___. ___o J _____
§ SA.408 SUSPENSION OR REVOCATION.
(A) A license issued or renewed under this section maybe revoked or
suspended upon a finding of noncompliance with the provisions of this chapter.
Reinstatement of a suspended or revoked license shall be accompanied by a fee in an
amount set by Council Resolution. Issuance of a new license after suspension or
revocation shall be made in the manner provided for obtaining an initial license.
(B) The Council inay, for cause, revoke or suspend a license, or take other
action restricting the privileges of a license subject to the following requirements:
(1) The City, through its Property Maintenance 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.
(2) 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.
(3) The Property Maintenance 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.
(C) A violation of any provision ofthis 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.
(D) 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.
(E) Any person or owner who has had an interest in two (2) or more licenses
revoked pursuant to this code shall be ineligible to hold or have an interest in an
occupancy license for a period of five (5) years.
SA.409 LICENSE FEES.
License fees, license transfer fees, license reinstatement fees, inspection fees and
reinspection fees shall be established by Council Resolution.
DRAFT 08/28/2007
§ SA.410 CONDUCT ON LICENSED PREMISES/CRIME FREE/DRUG FREE
AND DISORDERLY USE LEASE REQUIREMENTS.
(0~ 0~~ tan ant ~aaoao av narlt ~nr c,tn+a 1; a.a .- ;.1 ..~,-.+; ..1 ~ x.:1:4; ..., .-..1 „1.:..,~.4
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to all preemptory state and federal laws, shall contain the following Crime Free/Drug
Free and Disorderly Use language:
(1) Crime Free/Drug Free
(a) Resident, any members of the resident's household or a
guest or other person affiliated with resident shall not engage in criminal activity,
including drug-related criminal activity, on or near the premises.
(b) Resident, any member of the resident's household or a
guest or other person affiliated with resident shall not engage in any act intended to
facilitate criminal activity, including drug-related criminal activity, on or near the
premises.
(c) Resident or members of the household will not permit the
dwelling unit to be used for, or to facilitate criminal activity, including drug-related
criminal activity, regardless of whether the individual engaging in such activity is a
member of the household, or a guest.
(d) Resident, any member of the resident's household or a
guest, or other person affiliated with the resident shall not engage in the unlawful
manufacturing, selling, using, storing, keeping, or giving of a controlled substance at any
locations, whether on or near the premises or otherwise.
(e} Violation of any one of the above provisions shall be a
material and irreparable violation of the lease and good cause for immediate termination
of tenancy.
(2) Disorderly Use
(a) Resident, members of the resident's household, guests, or
other persons under the resident's control shall not engage in the following Disorderly
Use activities: violations of state law relating to alcoholic beverages, trespassing or
disorderly conduct; and violations of the Columbia Heights City Code relating to
prohibited noise.
(b} Three disorderly use violations involving the same tenancy
within a continuous twelve month period shall be a substantial and material violation of
the lease and good cause for termination of the tenancy.
(3} Definitions
(a) The teen "criminal activity" means prostitution, gambling,
maintaining or conducting a disorderly house, unlawful. possession, transportation, sale or
use of a weapon, domestic assault, delinquency of a minor, criminal street gang activity,
threatening, intimidating or assaultive behavior, the unlawful discharge of firearms, or
any other criminal activity on or near the premises that jeopardizes the health, safety and
DRAFT 08/28/2007
welfare of the landlord, his agent, other resident, neighbor or other third party, or
involving imminent or actual serious property damage.
(b) The teen "drug related criminal activity" means the illegal
tYlAllllFA~t11YP. CAP. l~1Cfri}11111l1n 71cP nr renecpccinn ~z~it~ ir~tarst to ,-nor,,,Fnnt,,,-o moll
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distribute, or use of a controlled substance or any substance represented to be drugs (as
defined in Section 102 of the Controlled Substance Act [21 U.S.C. 802]).
(4) Non-Exclusive Remedies.
(a) The Crime Free/Drug Free and Disorderly Use provisions
are in addition to all other terms of the lease and do not limit or replace any other
provisions.
(B) These lease provisions shall be incorporated into every new lease for a
tenancy beginning January 1, 2008 and all renewed leases by January 1, 2009.
(C) Upon determination by the Police Department that a licensed premises or
unit within a licensed premises was used in violation of the Crime Free/Drug Free
provisions of Subsection (A) (1) herein, the Police Department shall cause notice to be
made to the owner and property manager of the violation. The owner or property
manager shall notify the tenant or tenants within ten days of the notice of violation of the
Crime Free/Drug Free lease language and proceed with termination of the tenancy of all
tenants occupying the unit. The owner shall not enter into a new lease for a unit located
in the licensed property with an evicted tenant for a period of one year after the eviction.
(D) Upon determination by the Police Department that a licensed premises or
unit within a licensed premises was used for Disorderly Use activities as set forth in
Subsection (A)(2} herein, the Police Department shall cause notice to be made to the
owner and property manager of the violation and direct the owner and property manager
to take steps to prevent further Disorderly Use violations.
(E) If a second Disorderly Use violation as determined by the Police
Department occurs within a continuous twelve month period involving the same tenancy,
the Police Department shall cause notice to be made to the owner and property manager
of the second violation. The owner or property manager shall respond in writing within
ten (10) days of receipt of the notice with. an action plan to prevent further Disorderly Use
violations.
(F} If a third Disorderly Use violation as determined by the Police Department
occurs within a continuous twelve month period involving the same tenancy, the Police
Department shall cause notice to be made to the owner and property manager of the third
violation. The owner or property manager shall notify the tenant or tenants within ten
days of the Notice of Disorderly Use violation of the Crime Free/Drug Free lease
language within the lease and proceed with termination of the tenancy of all tenants
occupying the unit. The owner shall not enter into a new lease for a unit located in the
licensed property with an evicted tenant for a period of one year after the eviction.
(G) The provisions of Subsections (c}, (d), (e) and (f} herein do not apply if the
determination that the premises have been used in violation of the Crime Free/Drug Free
provisions of Subsections (A}(1) and (A}(2}herein originates from a call from or at the
request of one or snore tenants occupying the premmises for police or emergency
DRAFT 08/28/2007
assistance, or in the case of domestic abuse, from a call for assistance from any source.
The teen "domestic abuse" has the meaning given. in Minn. Stat. ~518B.01, subd. 2.
(H) If the licensee fails to comply with the requirements of this section, the
rental dwellin¢ license fnr the nremicec may he t~PniPrl rPVnkP~ cncr,anr~Prl nr „nt
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 Department in the
manner described in SA.408.
SA.411 BACKGROUND CHECKS.
For the protection of local residents, property owners, tenants, and the overall
public safety of the community, the Police Department is hereby authorized to conduct
Minnesota criminal history checks for the purpose of screening potential tenants of real
property, subject to the following conditions:
(A) A request is made by the property owner/landlord in writing;
(B) A signed consent form from the subject of the check is received by the
Police Department;
(C) Authorization is received from the subject of the check to release said
information to the property owner/landlord;
(D) The purpose and use of said information is solely for assisting in the
screening of potential tenants.
DRAFT 08/28/2007
T'1 1
section
SA.501
SA.502
SA.503
SA.504
SA.505
I~azardotas btuildarelr t3nn~nr~4inn
dd~ UVLt(tt Cttl Vdt
Secure unfit and vacated dwellings
Demolition
Failure to comply
Remedies cumulative
SA.506 Cost recovery
§ SA.501 HAZARDOUS BUILDING DECLARATION.
In the event that a premises has been declared unfit for human habitation and the
owner/tenant has not remedied the effects within a prescribed reasonable time, the
premises maybe declared hazardous and treated in accordance with the provisions of
Minnesota Statutes.
(A) Unsafe structures. An unsafe structure is one that is found to be dangerous
to the life, health, property or safety of the public or the occupants of the structure by not
providing Ininimuin safeguards to protect or warn occupants in the event of fire, or
because such structure contains unsafe equipment or is so damaged, decayed, dilapidated,
structurally unsafe or of such faulty construction or unstable foundation, that partial or
complete collapse is possible.
(B} Unsafe egr~ipment. Unsafe equipment includes any boiler, heating
equipment, elevator, moving stairway, electrical wiring or device, flammable liquid
containers or other equipment on the premises or within the structure which is in such
disrepair or condition that such equipment is a hazard to life, health, property or safety of
the public or occupants of the premises or structure;
(C) Structure unfit ,for human occupanw. A structure is unfit for human
occupancy whenever the code official finds that such structure is unsafe, unlawful or,
because of the degree to which the structure is in disrepair or lacks maintenance, is
unsanitary, contains a large accumulation of storage or debris which causes a dangerous
increase to the fire load and prevents the normal use of equipment within the structure,
vermin infested, contains filth and. contamination, or lacks ventilation, illumination,
sanitary or heating facilities or other essential equipment required by this code, or
because the location of the structure constitutes a hazard to the occupants of the structure
or to the public.
(D) Unlawful structtcre. An unlawful structure is one found in whole or in part
to be occupied by more persons than permitted under this code, or was erected, altered or
occupied contrary to City Code.
§ 5A.502 SECURE UNFIT AND VACATED STRUCTURES.
(A} Closing of vacant structz~res. If the structure is vacant and unfit for human
habitation and occupancy, and is not in danger of structural collapse, the code official is
authorized to post a placard of condemnation on the premises and notify the owner, to
order the structure closed up so as not to constitute a public nuisance. Upon failure of t11e
DRAFT 08/28/2007
owner to close up the premises within the time specified in the order, the code official
shall cause the premises to be closed and secured through any available public agency or
by contract or arrangement by private persons. Cost to close and secure structures shall
be charued against the real estate unan which the ~tn~ch~re is lncate~i and chap he a lien
., ~ a - --- --- -- -------_ --___ --__---- ~- -- -----
upon such real. estate.
(B) Notice. Whenever the code official has condemned a structure or
equipment under the provisions of this section, notice shall be posted in a conspicuous
place in or about the structure affected by such notice and served on the owner or the
person or persons responsible for the structure or equipment.
(C) Placarding. Upon failure of the owner or person responsible to comply
with the notice provisions within the time given, the code official shall post on the
premises or on defective equipment a placard condemning the structure or equipment and
a statement of the penalties provided for occupying the premises, operating the
equipment or removing the placard.
(D) Placard removal. The code official shall remove the condemnation
placard whenever the defect or defects upon which the condemnation and placarding
action were based have been eliminated. Any person who defaces or removes a
condemnation placard without the approval of the code official shall be subject to the
penalties provided by this code.
(E) Prohibited occupancy. Any occupied structure condemned and placarded
by the code official shall be vacated as ordered by the code official. Any person who
shall occupy a placarded premises or shall operate placarded equipment, and any owner
or any person responsible for the premises who shall let anyone occupy a placarded
premises or operate placarded equipment shall be liable for the penalties provided by this
code.
§ SA.503 DEMOLITION.
The demolition of hazardous structures shall be in accordance with Minnesota
State Statute 463.00.
§ 5A.504 FAILURE TO COMPLY.
Upon failure to comply with a compliance order within the time set therein, and
no appeal having been taken, or upon. failure to comply with a modified compliance order
within the time set therein, the criminal penalty established hereunder notwithstanding,
the City Council, after due notice to the owner, may by resolution declare the condition to
constitute a public nuisance and cause the cited deficiency to be remedied as set forth in
the compliance order. The cost of such remedy shall be a lien against the subject real
estate and maybe levied and. collected as a special assessment in accordance with M.S.
Chapter 429, as it maybe amended from. time to time, 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
unless a different payment schedule is authorized by Council Resolutian. The intent of
this section is to authorize the city to utilize all of the provisions of this Cade and of
Minnesota law to protect the public's health, safety and general welfare.
DRAFT 08/28/2007
§ 5A.505 REMEDIES CUMULATIVE.
Any remedies pursued under §§ SA.501 to SA.503, are in addition to the remedies
or penalties prescribed under ~~ SA.601 to SA.602.
§ SA.506 COST RECOVERY.
(A) The Council hereby authorizes the assessment of unpaid fees, fines,
charges or expenses authorized by the Property Maintenance Cade pursuant to the
provisions of the Columbia Heights City Charter.
(B) The Clerk shall establish a separate improvement fund for the
administration of Property Maintenance Code charges. The costs related to the Property
Maintenance Code shall be certified annually by the Property Maintenance Enforcement
Officer to the Clerk for billing, including a statement describing the land, lots, or parcels
involved and the amount chargeable to each.
(C} 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.
(E) 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.
DRAFT o$i2gi2oo~
I L 1: 1 L I E LTI
Section
SA h(11 Vinlatinr~c
SA.602 Penalty
§ SA.601 VIOLATIONS.
(A) No person, firm, corporation, or licensee shall own and maintain or
operate or rent to any other person for occupancy any premises, or any part of a premises,
which is in violation of Chapter SA, Article II (§§ SA.201 et seq.), maintenance standard.
(B) No person, fine or corporation shall operate a premises without a license
issued pursuant to this chapter or accept payments from a tenant of any unlicensed
premises which payment is for occupancy for a period during which. the premises is not
licensed pursuant to this chapter.
(C) No person, firm, corporation or licensee shall refuse or fail to allow the
Property Maintenance Enforcement Officer to enter a premises pursuant to an
administrative search warrant for the purposes of inspection when authorized by this
chapter.
(D) No person, firm, corporation or licensee shall fail or refuse to obey a
compliance order validly issued under this code.
(E) No person, fine or corporation shall give or submit false information on a
license application or any renewal thereof.
(F) No person who is an occupant of an occupancy shall cause the premises
on which an occupancy is located to become in violation of any of the maintenance
standards set forth in Chapter SA, Article II (§§ 5A.201 et seq.}, normal wear and tear
excepted.
(G) No person shall occupy a premises if such premises is required to be
licensed under this chapter.
(H) No person may occupy a premises posted pursuant to § SA.304.
(I) 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.602 PENALTY.
Any person, fine or corporation who violates or refuses to comply with any of the
provisions of this chapter is guilty of a misdemeanor, unless herein specifically noted.
Each day that a violation exists shall constitute a separate offense.
DRAFT FOR DISOtJSSION A`T THE SEPTEMBER ST" WORK SESSION
CITY COUNCIL LETTER
Meeting of: September Z 0, 2007
AGENDA SECTION: CONSENT
NO. ORIGINATING DEPT:
Finance CITY MANAGER
APPROVAL
ITEM: BEING A RESOLUTION ADOPTING A BY: William Elrite BY:
PROPOSED BUDGET FOR THE YEAR 2008, SETTING
THE PROPOSED CITY LEVY, APPROVING THE HRA DATE: 09/05/2007
LEVY, APPROVING A TAX RATE INCREASE AND
ESTABLISHING A BUDGET HEARING DATE FOR
PROPERTY TAXES PAYABLE IN 2008
NO:
In the City Manager's original proposed budget he proposed a levy increase of $346,282. Part of this increase,
$59,695, was for the addition of a 26`h police officer. At this time, the City has been awarded a grant to cover the
cost of the 26`" officer. Subsequently, this reduces the City Manager's proposed levy increase to $286,587 or
approximately 4.41 %. However, the City Manager is still encouraging the council to add a contingency amount to
this levy for items that the council may want to consider adding to the budget, or for other things the council may
want to do during the year. The amount that the City Council adopts is a preliminary levy, it can later be reduced
but it cannot be increased. As an example, adding $70,000 to the levy for contingencies would make the levy
increase $356,587 or a 5.49% increase over the 20071evy. As the grant was received too late to snake the changes to
the proposed budget document, staff has attached a worksheet showing the effect of the grant on the levy and the
Police department budget. These changes will be made to the final adopted budget along with any other City
Council additions or deletions.
It should be noted that the City Manager's proposed budget uses $150,062 in General Fund, fund balance. At the
end of 2006 fund balance did not meet the amount designated for reserve requirements. It was actually $347,991
below what is required for our 45% fund balance reserve. In addition to this, the EDA has discussed transferring
$138,000 from the General Fund to an EDA Housing fund. Although it is anticipated that we will see an increase to
fund balance at the end of 2007, we will still be below the required 45%.
RECOMMENDED MOTION: Move to waive the reading of Resolution 2007-158 there being ample copies
available fo~• rise public.
($ Levu Increase
RECOMMENDED MOTION: Move to adopt Resolution 2007-158 being a resolution adopting a proposed budget,
setting the General, Library and EDA proposed levy at $ , establishing a budget hearing date for property
taxes payable in 2008 far December 3, 2007 at 7:00 p.m. in the City Council Chambers, approving a tax rate
increase, and approving the HRA levy of $ 196,241.
WE:sms
0709051 COUNCIL
Attachment: Resolution 2007-158
COUNCIL ACTION:
CITY COUNCIi. LETTER
AGENDA SECTION: CONSENT
NO:
ORIGINATING DEPT:
ot: September lU, :~UU/
CITY MANAGER '~
APPROVAL '~
ITEM: BUDGET WORK SESSION
MEETING DATES
NO:
FINANCE
BY: WILLIAM ELRITE
DATE: SEPTEMBER 5, 2007
BY:
DATE:
Below are the budget work session meeting dates for the 2008 budget. Departmental budget reviews
will begin with a short PowerPoint presentation followed by questions and comments from the council
and residents.
This year staff is recommending a reduction in the number of work sessions that deal with budget
concerns. As the City Council and staff significantly reduced tax-supported budgets in 2004 and have
been working diligently to maintain this reduced budget level, it is the recommendation that the number
of budget work sessions also be reduced. Staff is proposing one overall budget work session that would
cover the budget changes from 2007 to 2008, and a second budget work session that would be held prior
to the Truth in Taxation hearing to finalize the budgets and discuss what will be presented at the Truth in
Taxation hearing.
Staff presentation of 2008 budget changes:
Wednesday, October 24 at 7:00 p.m. Murzyn Hall
Recreation Commission and the Library Board meetings
Monday, October 29 at 7:00 p.m. City Hall Conference Room
Presentation of all budgets-changes from 2007-2008
Preparation for the Truth in Taxation hearing:
Monday, November 19 at 7:00 p.m. Final Budget Work Session. Summary of total budgets.
~.honday, November 19 at 8:00 p.m. Decide ora final cuts, add-backs, and the final levy.
Monday, December 3 at 7:00 p.m. City Council Chambers: Final budget meeting with the
public.
RECOMMENDED MOTION: Move to set budget work session meeting dates to review the 2008
budget as stated above.
WE:sms
070905?000NCIL
COUNCIL ACTTON:
City of Columbia Heights, Minnesota
200 Levy and udget Changes
To the City Manager's Proposed Budget Document
Levy Amount Increase From Prior Year
Amount Percent
2007 Adopted Levy 6,500,613
2008 Levy Options
City Manager Proposed Levy 6,$46,895 346,282 5.33%
Reduction for police Grant 59,695
Revised Manager Proposed Levy 6,787,200 286,587 4.41
Add for contingency 70,000
City Council Revised Budget 6,857,200 356,587 5.49%
Additions and Deletions to the Bud et
Bud et Chan es General fund
City Manager Proposed Budget 9,138,957
Reduction for Police Grant 59,695
Revised General Fund Budget 9,079,262
Increase for Contingencies 70,000
City Council Revised Budget 9,149,262
RESOLUTION 2007-1s8
RESOLUTION ADOPTING A PROP®SED BUDGET FOR THE YEAR 2008, SETTING THE PROPOSED GITY
LEVY, APPROVING THE HRA LEVY, IMPROVING A TAX RATE INCREASE, AND ESTABLISHING A BUDGET
HEARING DATE FOR PROPERTY TAXES PAYABLE IN 2008.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS,
MINNESOTA: that the following is hereby adapted by the City of Columbia Heights.
Section A. The budget for the City of Columbia Heights for the year 2008 is hereby approved and adopted with
appropriations for each of the funds listed below.
Expense
General Fund 9,138,957
Community Development Fund 597,133
Economic Development Fund 274,863
State Aid 148,949
Cable Television 123,333
Library 719,156
DARE Project 5,375
Infrastructure 113,792
Capital Improvement 345,000
Capital Equipment Replacement Funds 461,815
Construction Funds 1,054,300
Central Garage Fund 579,273
Liquor Operating 7,901,783
Liquor Capital/Non-Operating 319,042
Water Utility Fund 2,209,771
Sewer Utility Fund 1,660,244
Refuse Fund 1,399,299
Storm Sewer Fund 387,556
Data Processing 268,532
Debt Service Fund 2,470,750
Total Expense Including Interfund Transfers 30,178,923
Section B. The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds, including
general ad valorem tax levies and use of fund balances, as hereinafter set forth for the year 2008:
Revenue
General Fund 9,138,957
Community Development Fund 597,133
Economic Development Fund 274,863
State Aid 148,949
Cable Television 123,333
Library 719,156
DARE Project 5,375
Infrastructure 113,792
Capital Improvements 345,000
Capital Equipment Replacement Funds 461,815
Construction Funds 1,054,300
Central Garage Fund 579,273
Liquor Operating 7,901,783
Liquor Capital/Non-Operating 319,042
Water Utility Fund 2,209,771
Sewer Utility Fund 1,660,244
Refuse Fund 1,399,299
Storm Sewer Fund 387,556
Data Processing 268,532
Debt Service Fund 2,470,750
Total Revenue Including interfund Transfers 30,178,923
City of Calumhia sights
Prapasec! rapsrty Taxes
2003-2008
Prepared 08/15/2007
Based an a 5.33% Praperty Tax Levy Increase
2003 2004 2005 2006 2007 2008
Actual Adopted % of Adopted % of Adopted % of Adopted % of Proposed % of
Pro ert Taxes Le Le Increase Le Increase Le Increase Lev Increase Le Increase
Library 433,585 433,585 438,835 478,319 519,981 532,509
EDA 140,569 84,965 84,965 84,965 140,898 78,622
General Fund 4,243,830 4,928,710 5,578,737 5,784,253 5,839,734 6,235,764
Total Levy 4,817,984 5,447,260 6,102,537 6,347,537 6,500,613 6,846,895
Increase from Prior Year N/A 629,276 655,277 245,000 153,076 346,282
ITo~k~l Leery ~er~ifiocl to e:~ounty 4,817,984 5,447,260 13.06% 6,102,537 12.03% 6,347,537 4.01 % 6,500,613 2.41 % 6,846,895 5.33%
~Are~a W ic9E~ (Fiscra Disparities) 1,037,040 1,010,487 1,010,487 1,010,487 1,054,537 1,077,181
~L.c~ceal Levi! ', 3,780,944 4,436,773 17.35%~ 5,092,050 14.77% 5,337,050 4.81% 5,446,076 2.04% 5,769,714 5.94%
Amount of Levy increase 629,276 655,277 245,000 153,076 346,282
City of Columbia Heights
Pr°oposed 2008 Budget
History of Local Government Aid
Prepared 08!07!2007
riial i ertified for Columbia Heig
Gumulative
Total Aid
Year Certified LGA (Loss} Increase in LGA (Lost}
2003 ~ 2,651,999 ~ NIA ( N/A
i fter 20 3 Legislative Reductions 2003 1,955,299 (696,700) (696,700)
2004 1,603,203 (352,096) (1,048,796}
2005 1,058,477 (544,726) (1,593,522}
2006 1,028,487 (29,990} (1,623,512}
2007 1,238,594 210,107 (1,413,405}
2008 1,260,148 21,554 (1,391,851 }
Total L lost in 6 years (7,767,786)
Comparison of lost LGA to Levy Increase
Gumulative
revenue from
Increase In Amaunt of Levy
Year Certified Levy Levy Increases
Levies Ce ified for Golumbia Heights 2003 4,817,984 6,146 6,146
2004 5,447,260 629,276 635,422
2005 6,102,537 655,277 1,290,699
2006 6,347,537 245,000 1,535,699
2007 6,500,613 153,076 1,688,775
Proposed 2x08 6,846,895 346,282 2,035,057
Total Le increase in 5 veers 7.191.798
Lost LGA during the same 5 year period of time 7,767,786
N~~t Revenue Loss to the Citv f575
City O Columbia eights, innesota
2008 Revenue by rc
Taxes (5.33% Levy)
HRA Levy
Licenses & Permits
Intergovernmental Revenue
Charges for Services
Fines & Forfeits
Miscellaneous
Sales & Related Charges
Allocations
Transfers In & Non Revenue Receipts
Total revenue
Fund Balance Used
Total Revenue & Fund Balance Used
General Fund Library EDA Total
6,235,764 532,509 78,622 6,846,895
0 0 196,241 196,241
133,600 0 0 133,600
1,530,242 150,062 0 1,680,304
505,466 9,500 0 514,966
128,000 15,000 0 143,000
85,500 4,700 0 90,200
0 0 0 0
0 0 0 0
370,323 50 0 370,373
8,988,895 711,821 274,863 9,975,579
150,062 7,335 0 157,397
9,138,957 719,156 274,863 10,132,976
Budget expense 9,138,957 719,156 274,863 10,132,976
City of Columbia Heights, Minnesota
Comparison of Tax Supported Funds
2005 - 2008
City Manager's !nc/Dee i
Actual Actual Adopted Proposed from
2005 2006 2007 2008 2007° '
venera~ tuna
41110 Mayor-Council 171,499 178,893 179,484 189,923 10,439
41320 City Manager 400,809 377,982 397,698 398,026 328
41410 Elections 8,059 35,250 0 49,588 49,588
41510 Finance 578,466 600,423 636,000 656,173 20,173
41550 Assessing 91,472 96,842 107,670 106,415 (1,255}
41610 Legal Services 165,164 166,620 186,500 186,500 0
41940 General Government Bldg 152,017 111,193 156,139 159,212 3,073
42100 Police 2,593,337 2,696,255 2,895,805 3,046,505 150,700
42200 Fire 1,044,577 1,066,929 1,090,505 1,159,768 69,263
42500 Civil Defense 23,796 23,063 30,330 22,344 (7,986)
42700 Animal Control 12,891 12,815 15,470 15,470 0
43000 Public Works 0 0 0 0 0
43100 Engineering 369,243 342,584 311,316 321,402 10,086
43121 Streets 659,728 593,999 713,060 760,897 47,837
43160 Street Lighting 128,731 129,485 145,354 151,167 5,813
43170 Traffic Signs & Signals 74,797 83,125 73,932 81,182 7,250
43260 Weed Control 11,864 22,654 21,503 21,493 (10)
45000 Recreation Administration 151,804 157,485 155,111 158,608 3,497
45001 Youth Athletics 29,088 27,466 33,293 33,293 0
45003 Adult Athletics 25,999 20,151 36,495 29,419 (7,076)
45004 Youth Enrichment 26,358 33,540 49,779 60,104 10,325
45005 Travel Athletics 22,171 21,912 32,268 31,139 (1,129)
45006 Back to the Parks 0 0 0 0 0
45030 Trips & Outings 61,843 61,909 56,172 57,212 1,040
45040 Senior Citizens 73,028 78,022 78,270 81,689 3,419
45050 Recognition/Special Event 31,882 30,694 33,700 33,700 0
45129 Murzyn Hali 188,696 211,383 212,069 228,230 16,161
45200 Parks 691,601 713,759 713,722 735,514 21,792
46102 Tree Maintenance 152,262 129,058 120,255 128,984 8,729
46103 Dutch Elm Sanitation 357 545 0 0 0
46104 Dutch Elm Replanting 0 0 0 0 0
49200 Contingencies 2,181 0 44,836 50,000 5,164
49300 Transfers 1,258,630 85,000 185,000 185,000 0
Total General Fund 9,202;3.50 8,109,037 8,711,736 9,138,957 427,221
conoic Development uthority
46314 Econ Development Author 635,678
Total 88~ Q78
246,331 317,228
`145,3.~~__~_..._ `17;228
274,$63 (42,365
Library
45500 Library 622,280 643,584 683,095 719,156 36,061
Total Li ra ~,~R(~ Q~~,~B~€ ~',8.~ Q9~ ~~Q,1~Q ~~~,~Q1
City of Columbia Heights
Proposed 2008 Budget
Levy and LGA Comparison 2003 to 200$
Prepared 08/15/07
200 3
General Fund Libra Fund EDA Fund Total
Levy 4,243,830 433,585 140,569 4,817,984
LGA 2,476,249 175,750 0 2,651,999
After Legislative Reductions 1,812,717 141,850 0 1,954,567
Total 6,720,079 609,335 140,569 7,469,9$3
200 4
General Fund Libra Fund EDA Fund Total
Levy 4,928,710 433,585 84,965 5,447,260
LGA 1,453,141 150,062 0 1,603,203
Total 6,381,851 583,647 84,965 7,050,463
200 5
General Fund Libra Fund EDA Fund Total
Levy 5,578,737 438,835 84,965 6,102,537
LGA 908,411 150,062 0 1,058,473
Total 6,487,148 588,897 84,965 7,161,010
200 6
General Fund Library Fund EDA Fund Total
Levy 5,784,253 478,319 84,965 6,347,537
LGA 878,425 150,062 0 1,02$,487
Total 6,662,678 628,381 84,965 7,376,024
2007
General Fund Library Fund EDA Fund Total
Levy 5,839,734 519,981 140,898 6,500,613
LGA 1,088,532 ~ 670,043 140,898 7,739,207
Total 6,928,266
200 8
General Fund Library Fund EDA Fund Total
'.Levy
LGA
Tatal 6,235,764
1,110,086
7,345,850 532,509
150,062
682,571 78,622
0
78,622 6,846,895
1,260,148
8,107,043
Chan e fram 2007 to 2008
General Fund Libra Fund EDA Fund Total
2008 Increase in LGA
2008 Increase in LGA 19,318
1.77% 2,611
1.74% 0
0.00°f® 21,929
2.07%
2008 Levy Increase 396,030 ~ 12,528 (62,276 I 346,282
2008 Levv Increase 7.10% 2.85% -73.30% 5.33%