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HomeMy WebLinkAboutOrdinance No. 1532ORDINANCE NO. 1532 BEING AN ORDINANCE PERTAINING TO PROPERTY MAINTENANCE The City of Columbia Heights does ordain: Chapter SA, of ordinance No. 1490, City Code of 2005, Housing Maintenance Code is hereby repealed and replaced with: Article I. GENERAL PROVISIONS II. MINIMUM STANDARDS III. INSPECTION AND ENFORCEMENT IV. LICENSING V. REMEDIES VI. VIOLATIONS AND PENALTIES ~1 T~~E L: ~E E L P~~V~SI®NS Section SA.101 Statement of purpose SA.102 Applicability SA.103 Definitions § SA.101 STATEMENT OF PURPOSE. (A) These regulations shall be known as the Property Maintenance Code of The City of Columbia Heights hereinafter 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. 1 (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 owners and tenants. The Council will not intervene as an advocate of either party, nor will it act as an arbiter, nor will it be receptive to complaints from owners or tenants, which are not specifically and clearly relevant to the provisions of this Code. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to theirs 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.I02 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 2 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. § 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 Colmnbia 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 sanitation. 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. 3 EXTERMINATION. 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 methods. FAMILY. An individual, or two or more persons each related by blood, marriage, adoption, or foster children, living together as a single housekeeping unit; or a group of not more than 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 boundary or within the required yard. 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 S, 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 110° 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 time. 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, fencing, berms, retaining walls, and other outdoor finishing'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 for 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. 4 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. 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. PROPERTYMAINTENANCE CODE. Chapter SA of this City Code together with the International Property Maintenance Code, 2006 Edition, as amended, International Code Conference. PROPERTY MAINTENANCE 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. Replacement ordinarily takes place when 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 commonly 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. RUBBISH. As defined in Chapter 8, Article III of City Code. 5 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 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 room 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 or 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," "rooming house," "rooming unit," "housekeeping unit," "structure," or "story" are stated 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 teens are not defined through the methods authorized by this section, such teens shall have ordinarily accepted meanings such as the context implies. 6 ARTICLE ff: If U STANDARDS Section SA.201 Basic equipment and facilities 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.211 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 tune 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. Non-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 7 storage containers for temporary use, up to sixty consecutive days, is allowed by meeting all requirements of City Code. (C) Grading and Drainage. All premises shall be graded and 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 not adversely affect adjoining premises. (D) Gro2~nd 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. Berming used to provide required screening of parking lots and other open areas shall not have slopes in excess of three (3) to one (l). (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, and 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 Stz~mps. All tree stumps shall be removed to four inches below the surface of the ground, including root extensions. Stump 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 stump/roots shall be removed as outlined above. (I) Fire Wood. The accumulation. of twigs, branches, leaves, and trunk sections are not allowed. Firewood 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 400 cubic feet of stored firewood allowed per premises. 8 (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 Driveways. All 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 maybe 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) Exhaccst 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 Structures. All accessory structures, including detached garages, storage buildings and sheds, shall be maintained structurally sound and in good repair per Section SA.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) Junk 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 maybe inoperative up to seven days. Junk or abandoned vehicles that are taken, or impounded, due to a legal process may be stored on a premises that meets City zoning for 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 or similarly enclosed area designed and approved for 9 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 or building on any private or 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. §SA.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 piton and anonuinent), canopies, lighting, posts/poles, decks, retaining walls and fences shall be maintained in good condition. Exterior wood 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) Py°emises 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 (102rmn) high with a minimum stroke width of 0.5 inch (12.7mm). (D) Str~~ctz~ral Members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. 10 (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) Stair~w~avs, 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 good repair. 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. (M) Handrails and Guards. Every handrail and guard shall be installed and maintained per section SA.204F. (N) Window, Skylight 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 Windows. 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 locking devices. 11 (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 approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm). 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. All 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) Guaf•ds 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) Building Security. 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 snore dwelling units, rooming units or housekeeping 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 shall be of the type that is permanently locked. A communication system or device such 12 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 unposed loads. (C) Interior 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 flight of stairs shall have handrails which conform to the standards set forth in the Minnesota State Building Code. Every porch, balcony or deck which is snore 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 attaclunent hardware. Door hardware shall be maintained in working condition. (F) Gacards and Handrails. Every handrail and guard shall be firnly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. Handrails and guards shall be installed and maintained to the requirements of 13 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 boxes shall be maintained free of an accumulation of animal waste that may cause an odor that could affect the health of the animal and residents and adversely affect adjoining spaces or dwelling units. § SA.205 RUBBISH, GARBAGE, RECYCLING, and COMPOSTING. (A) Accumulation 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, anal 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) Rubbish, 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 height and size of the area for which screening is required. When natural materials, such as trees or hedges, are used to meet the screening requirements of this sub-section, density and species of planting shall be such to achieve seventy-five (75) percent 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 tune this code is adopted shall be determined as follows: (1) For the first occupant, 150 square feet of habitable room floor space and for every additional occupant thereof, at least 100 square feet of habitable room floor space. 14 (C) The minimum permissible square footage of any 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 Code 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 more than one family, other than for temporary guests. Family is defined in Section 9.103 of City Code. § SA.207 LIGHT. (A) Non-reside~ztial 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 mm) 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 m2}. 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 for each 200 square feet (191nZ) 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, equipment and fixtures. 15 § SA.208 VENTILATION. (A) Habitable Spaces. Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least 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 im2). 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 Exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance with the manufacturer's instructions 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 from 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) Minimum Requirements. 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 deleterious effect to food. 16 c. An operational and functioning stove for cooking food and a refrigerator for the safe storage of food which are properly installed with all necessary connections for safe, sanitary and efficient operation. Such stove or refrigerator need not be installed when a dwelling unit is not occupied and when the occupant is required to provide a stove or refrigerator on occupancy. If the occupant is required to furnish a stove or refrigerator, sufficient space and adequate functioning connections for the installation and operation of the stove and refrigerator must exist. d. 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 may be in the same room as the flush water closet, or, if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which said water closet is located. 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) Fixtztire Clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning. (D) Plumbing System 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 Code. (F) Contamination. The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood- level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which. hoses are attached and left in place, shall be protected by an approved 17 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 provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient 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) Mainte~zance. Every plumbing stack, vent, waste, storm water pipes, and sewer lines shall function properly and be kept free from obstructions, leaks and defects. (K) Storm 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 OccupaT~cies. 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 Supply. Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof shall. supply heat during the period from October 1 to May 1 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 room temperature shall not be required provided that the heating system is operating at its full design capacity. 18 (E) Room temperattirre measuf-ement. 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, fireplaces, solid fuel- burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. (G) Removal of Combustion Products. Ali 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. (I) Safety Controls. 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. § SA.211 ELECTRICAL. (A) Facilities Required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section. (B) Sen~ice. The size and usage of appliances and equipment shall 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. All electrical equipment, wiring and appliances shall be installed and maintained to the Minnesota State Building Code. (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 room, boiler room, furnace room and public hall, shall contain at least one electric lighting fixture. 19 (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 times within the elevator or attached to the escalator or dumbwaiter; or the certificate shall be available for public inspection in the office of the 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. § SA.212 FIRE SAFETY. (A) Scope. The provisions of the Minnesota State Fire Code 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 times 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. All existing single-family homes effective August 1, 2008. 3. All existing multi-family or apartment dwelling units effective August 1, 2009. (E) Carbon Monoxide Alarm 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 conform 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 times. 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. 20 (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 types of items in non-residential occupancies shall meet the requirements 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. RT~C~E ~'~: ~ SPECT'~ /4d ENF®RCE~ENT Section SA.301 Enforcement and inspection authority SA.302 Inspection access SA.303 Inspections SA.304 Compliance order SA.305 Posting to prevent occupancy SA.306 Right of appeal SA.307 Board of Appeals § SA.301 ENFORCEMENT AND INSPECTION AUTHORITY. 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.303 INSPECTIONS. Premises shall be inspected in accordance with the City's "Property Maintenance Inspection Policy," 21 § 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) B e 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 (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 upon them personally; (b) Sent by mail 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 inay 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 snore 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. § SA.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. 22 § 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. 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 any 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. TILE IV: OCCUPANCY LICENSING Section SA.401 License required 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 § 5A.401 OCCUPANCY LICENSE REQUIRED. No person, fine, 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 maybe 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. 23 § SA.402 OCCUPANCY LICENSE PROCEDURES. (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 imay be the designated property manager. (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. (3) The name and address of the vendee if the property is being sold in 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) Namme 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. 24 (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 for a family exemption per the Property Maintenance Code Inspection Policy. § 5A.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. § 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 inay be 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. § _5A.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 for 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 25 fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. § 5A.40'7 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, may be 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. (B) Such renewal shall only be effective upon successful completion of all the above set forth requirements. Further, said renewal or registration maybe made only when no change in ownership, operation, agency or type of occupancy of the premises has occurred in the last licensing year. § SA.408 SUSPENSION OR REVOCATION. (A) A license issued or renewed under this section may be revoked or suspended upon a finding of noncompliance with the provisions of this chapter. Reinstatement of a suspended 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 may, 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 of this chapter or of State Law, prescribing standards of conduct or regulations governing a licensee; the particular type of business or comimercial 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. 26 (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. § 5A.410 CONDUCT ON LICENSED PREMISES/CRIME FREE/DRUG FREE AND DISORDERLY USE LEASE REQUIREMENTS. (A) All residential tenant leases, except for state licensed residential facilities and subject to all preemptory state and federal laws, shall contain the following, or substantially comparable to, 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 27 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 welfare of the landlord, his agent, other resident, neighbor or other third party, or involving imminent or actual serious property damage. (b) The term "drug related criminal activity" means the illegal manufacture, sale, distribution, use or possession with intent to manufacture, sell, 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) (l) 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. 28 (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 a$er the eviction. (G) The provisions of Subsections (c), (d), (e) and (f) herein do not apply if the determination that the premises have been used in violation of the Crime Free/Drug Free provisions of Subsections (A}(1) and (A)(2) herein originates from a call from or at the request of one or more tenants occupying the premises for police or emergency assistance, or in the case of domestic abuse, from a call for assistance from any source. The tern "domestic abuse" has the meaning given in Minn. Stat. §51$B.O1, subd. 2. (H) If the licensee fails to comply with the requirements of this section, the rental dwelling license for the premises maybe denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City Council at the request of the Police Department in the manner described in SA.40$. § 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. TICLE RE EDIES Section SA.501 Hazardous building declaration SA.502 Secure unfit and vacated dwellings SA.503 Demolition SA.504 Failure to comply SA.505 Remedies cumulative SA.506 Cost recovery 29 § 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 inay be 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 minimum 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 equipment. 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 occupancy. 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 structure. 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 structures. 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 the 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 charged against the real estate upon which the structure is located and shall be a lien 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 dine given, the code official shall post on the 30 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 ar 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. § SA.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 Resolution. The intent of this section is to authorize the city to utilize all of the provisions of this code and of Minnesota law to protect the public's health, safety and general welfare. § SA.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. § 5A.506 COST RECOVERY. (A) The Council hereby authorizes the assessment of unpaid fees, fines, charges or expenses authorized by the Property Maintenance Code pursuant to the provisions of the Columbia Heights City Charter. 31 (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. TICLE I: I LTI® SAND PENALTIES Section SA.601 Violations SA.602 Penalty § 5A.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, firm 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 Oftcer 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 (§§ SA.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. 32 § SA.602 PENALTY. Any person, firm 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. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: October 22, 2007 Second Reading: November 26, 2007 Date of Passage: November 26, 2007 Offered by: Kelzenberg Second by: Diehm Roll Call: Ayes: Peterson, Williams, Nawrocki, Diehm, Kelzenberg ~ ~..~ ~~ --~, ~ t Mayor Gary .Peterson Attest: Patricia Muscovitz CMC City Clerk 4_~ 33