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HomeMy WebLinkAboutNovember 26, 2007OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING NOVEMBER 26, 2007 The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday, November 26, 2007 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. ALL TO ORDER/ROLL CALL/INVOCATION Reverend David Briley, Oak Hill Baptist Church, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed Resolutions No. 2007-230, 2007-234, and 2007-236 in that the properties have been brought into compliance. Peterson indicated that the correct Resolution for Item J was distributed. Nawrocki expressed unhappiness that the City Council agenda was not on cable T.V. until Sunday. He requested to add items: 1) update of activity center and 2) newsletter, after Item 6C. PROCLAMATIONS PRESENTATIONS RECOGNITION ANNOUNCEMENTS AND GUESTS A. Children's Book Week -November 12 - 18, 2007 Mayor Peterson read the proclamation and presented it to Tom Sherohman, Library Foundation member. Sherohman thanked him. for the proclamation and spoke of the dedication of the children's department staff. He invited everyone to the Library fundraiser at the Heights Theater showing of Scrooge on December 2°`~. There will be a silent auction, caroling, music, and the movie. B. American Education Week -November 11 - 17, 2007 Mayor Peterson read the proclamation. C. Louie Egey Day - 100th Birthday Mayor Peterson read the proclamation. He spoke of Mr. Egey's background and his service in World War II. Nawrocki stated that he was also at the event. He noted the Mayor's favorable comments about those in the service, as he was also in the service of our country. Mayor Peterson. referred to articles from the Focus News regarding: the Columbia Heights Senior Center participants making hats and mittens for local schools and soldiers, the Columbia Heights Ambassadors holding a coat drive, and Wally Logacz's yearly donation to the Lomianki Poland Children's Hospital. Diehm pointed out another article regarding the Mayor and the Lion's Club building a handicap ramp for a local resident -for the second time. Peterson indicated the pleasure to belong to such a group where people help others. Kelzenberg referred to attending the National League of Cities Conference in New Orleans and stated that he appreciates what we have after seeing an area that was so devastated. CONSENT AGENDA City Council Minutes Monday, November 26, 2007 Page 2 of 39 Nawrocki requested F, I, J, Q be removed for discussion. He asked for more detailed information on items D, G, K, L, and M. City Manager Walt Fehst took Councilmembers through the items. A. Approve minutes for the Columbia Hei htg s City Council meeting of October 22, 2007. Motion to approve the minutes of the City Council meeting of October 22, 2007. B. Accept meeting minutes of Columbia Heights Boards and Commissions. Motion: Accept the minutes of the Apri124, 2007 HRA meeting. Motion: Accept the minutes of the August 27, 2007 special EDA meeting. Motion: Accept the minutes of the August 28, 2007 EDA meeting. Motion: Accept the minutes of the August 28, 2007 special HRA meeting. Motion: Accept the minutes of the November 6, 2007 Planning & Zoning meeting. Motion: Accept the minutes of the October 18, 2007, Charter Commission meeting. C. Adopt Resolution No. 2007-222, being a Resolution cancelling the December 24, 2007 regular Cites Council meeting. Motion to waive the reading of Resolution No. 2007-222, there being ample copies available to the public. Motion to adopt Resolution 2007-222, being a Resolution canceling the Monday, December 24, 2007 City of Columbia Heights regular City Council meeting. RESOLUTION NO. 2007-222 BEING A RESOLUTION CANCELING THE CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING OF MONDAY, DECEMBER 24, 2007 WHEREAS: The City of Columbia Heights offices are closed on Monday, December 24, 2007 and Tuesday, December 25, 2007, and; WHEREAS: The City Council has agreed to cancel the regular Council meeting scheduled for Monday. December 24, 2007; NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this change. D. Approve the Transfer of Funds from the General Fund to the Police Department 2007 Budget Overtime Line # 1020 Motion to transfer $2,846.67, the total amount of money received from the State of Minnesota for our efforts in the Safe and Sober program from the General Fund to the Police Department 2007 Budget Line #1020, Overtime. Fehst stated this is a routine transfer of overtime funds. E. Approve Premises Permit Applications for Columbia Heights Athletic Boosters to conduct charitable a~ mbling activities at Top Valu Liquor I, Top Valu Liquor II and Sarna's Tobacco Store Motion to direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the issuance of Premises Permits for the Columbia Heights Athletic Boosters Club in conjunction with activities at Columbia Heights Liquor Stores Top Valu I (4950 Central Avenue NE), Top Valu II (2105 37th Avenue NE), and Sarna's Tobacco Store (4329 Central Avenue NE}, and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. City Council Minutes Monday, November 26, 2007 Page 3 of 39 This is for the Boosters to place pull-tab machines in the new liquor stores and Sarna's Tobacco Store. F. Approve Premises Permit Renewal/A~plication for Gambling License for VFW Post #230, 4446 Central Avenue NE -Removed G. Resolution Establishing Eli ibility Standards for Senior Citizen Utilit~Rates Motion to waive the reading of resolution 2007-223, there being ample copies available to the general public. Motion to adopt Resolution 2007-223, being a resolution establishing eligibility standards for senior citizen utility rates. This raises the limit on the income level for residents to qualify for reduced utility rates. About 200 residents qualify per year. RESOLUTION N0.2007 -223 ESTABLISH ELIGIBILITY STANDARDS FOR SENIOR CITIZEN UTILITY RATES WHEREAS, the City Council has previously established eligibility standards for senior citizen rates for refuse service, sewage disposal, storm water and water supply; and WHEREAS, it has been the City's practice to maintain uniform eligibility standards whenever possible: NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights as follows: That anyone over 62 years of age with a maximum household income of $27,300 will be eligible for reduced rates. BE IT FURTHER RESOLVED that the above eligibility standard is effective January 1, 2008. H. Resolution Designating Official DeRositories for the City of Columbia Heights Motion to waive the reading of Resolution 2007-224 there being ample copies available to the public. Motion to adopt Resolution 2007-224 being a resolution designating official depositories for the City of Columbia Heights. RESOLUTION NO. 2007-224 DESIGNATE OFFICIAL DEPOSITORIES FOR THE CITY OF COLUMBIA HEIGHTS IT IS HEREBY RESOLVED, that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank are hereby designated as depositories of the funds of this corporation. IT IS FURTHER RESOLVED, that checks, drafts, or other withdrawal orders issued against the funds of this corporation on deposit with said banks shall be signed by the following: Mayor, City Manager, Clerk-Treasurer and that said banks are hereby fully authorized to pay and charge to the account of this corporation any checks, drafts, or other withdrawal orders. BE IT FURTHER RESOLVED, that the Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank are designated depositories of the corporation be and it is hereby requested, authorized and directed to honor checks, drafts or other orders for the payment of money drawn in this corporation's name, including those drawn to the individual order of any person or persons whose name or names appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile signatures of the following: Mayor, City Manager, Clerk-Treasurer and that Northeast Bank, Wells Fargo Bank of Minnesota, N.A., and U.S. Bank shall be entitled to honor and to charge this corporation for all such checks, drafts or other orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have been affixed thereto, if such facsimile signature or signatures resemble the facsimile specimens duly certified to or filed with the Banks by the City Clerk or other officer of his corporation. BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted by the City Council of the corporation City Council Minutes Monday, November 26, 2007 Page 4 of 39 and certified to as governing the operation of this corporation's account(s) with it, be and are hereby continued in full force and effect, except as the same may be supplemented or modified by the foregoing part of this resolution. BE IT FURTHER RESOLVED, that all transactions, if any relating to deposits, withdrawals, re-discounts and borrowings by or on behalf of this corporation with said banks prior to the adoption of this resolution be, and the same hereby are, in all things ratified, approved and confirmed. BE IT FURTHER RESOLVED, that any bank or savings and loan located in the State of Minnesota may be used as depositories for investments purposes so long as the investments comply with authorized investments as set forth in Minnesota Statutes. BE IT FURTHER RESOLVED, that any brokerage firm located in the State of Minnesota may be used as a depository for investment purposes so long as the investments comply with the authorized investments as set forth in Minnesota Statutes. I. Adopt Resolution 2007-214,Reclassifying and Desi nating Fund Balances for the Economic Development Authority's Housing Maintenance Program -Removed J. Adopt Resolution 2007-225 to request $86,647 from the Anoka County HRA Levy to finance the ap in the redevelopment of 3805 2nd Street NE -Removed K. Authorization to seek bids for the Ca itp al Equipment Replacement of Unit #102: Underground Sewer Television Inspection S s Motion to authorize staff to seek bids for the Capital Equipment Replacement for Unit #102: Underground Sewer Television Inspection System. This is to obtain bids to replace the current unit to see breaks in sewer lines. L. Authorize Liquor Store Project Change Orders Motion to authorize the Mayor and City Manager to enter into an agreement with Copeland Building Corporation for change authorization #16, revision 4, totaling $9,375.93. This was discussed at the work session and deemed necessary. M. Video Security at Liquor Stores Motion to authorize the Mayor and City Manager to enter into a contract with Marco for video surveillance equipment for all three stores, alternate proposal for Top Valu I and II, in the amount of $89,382.02 plus sales tax. This cost was anticipated and would reduce lost merchandise by $10,000 to $20,000 per year. N. Authorize contract for new Liquor Store display shelving_ Motion to authorize the Mayor and City Manager to enter into a contract with AA Equipment Company for display for shelving in the amount of $43,346.62 plus sales tax and freight. This was an anticipated need for both new liquor stores. O. Reissue Rental License for 4915 5th Street N.E. Motion to issue arental-housing license to John Krebsbach Jr. to operate the rental property located at 4915 5th Street N.E. in that the provisions of the residential maintenance code have been inet. P. Approval of rental housing license applications. City Council Minutes Monday, November 26, 2007 Page 5 of 39 Motion to approve the items listed for rental housing license applications for November 26, 2007. Q. Approve the Business License Applications -Removed R. Approve payment of the bills. Motion to approve payment of the bills out of the proper fund as listed in the attached check register covering Check Number 123429 through Check Number 123754 in the amount of $1,882,219.59. Motion by Diehm, second by Kelzenberg, to approve the Consent Agenda, with the exception of items F, I, J, and Q. Upon vote: All ayes. Motion carried. Items removed from the Consent Agenda for discussion F. Approve Premises Permit Renewal/Application for Gambling License far VFW Post #230, 4446 Central Avenue NE Nawrocki indicated that he would abstain from the vote, as he is an officer of this organization. Motion by Kelzenberg, second by Williams, to direct the City Manager to forward a letter to the State Charitable Gambling Board stating that the City of Columbia Heights has no objection to the renewal of a Class B Charitable Gambling Permit for VFW Post #230, 4446 Central Avenue NE, Columbia Heights, and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, abstain; Peterson, aye. 4ayes - 1 abstention. Motion carried. Adopt Resolution 2007-214 Reclassifying and Designating Fund Balances for the Economic Development Authority's Housing Maintenance Program Nawrocki stated his objection to the moving of these funds as it should have been part of the budget discussion. Bob Streetar, Community Development Director, stated he was present to answer questions. Fehst stated that the biggest benefactors would be those in the Sheffield area neighborhood. This would set up a ten year program to work on blight in the city. Special legislation was sought to reinvest in our housing stock, which was not successful. This is a good effort to recognize blight problems and to do something about theirs. Nawrocki stated that the legislation was a way to hide taxation of property owners. Peterson stated that nothing was hidden and the legislation was explained. However, this program maybe an even better way to improve our housing stock Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2007-214, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Nawrocki questioned what this will require in additional taxation over the next ten years. Streetar stated that the EDA levy increase fora 200,000 home would be $68 over the ten years. Streetar stated that the EDA levy was reduced this year by $44,000. Motion by Diehm, second by Kelzenberg, to adopt Resolution 2007-214, being a Resolution Reclassifying and Designating Fund Balances for the Economic Development Authority's Housing Maintenance Program. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. RESOLUTION NO. 2007-214 RESOLUTION RECLASSIFYING AND DESIGNATING FUND BALANCES FOR THE ECONOMIC DEVELOPMENT AUTHORITY'S HOUSING MAINTENANCE PROGRAM City Council Minutes Monday, November 26, 2007 Page 6 of 39 WHEREAS, on August 28, 2007 the Columbia Heights Economic Development Authority approved a 10-year Housing Maintenance Program; and WHEREAS, the purpose of the Housing Maintenance Program is to maintain and improve the housing stock, tax base and improve the livability of the City's neighborhoods; and WHEREAS, the City of Columbia Heights has accumulated fund balances in the Business Revolving Loan Fund, the Rental Housing Fund, the General Fund, the Special Project Fund and the Sheffield Development Fund for the purpose of funding future expenditures; and WHEREAS, the City Council has determined that there is a need for a Housing Maintenance Program in Columbia Heights; and WHEREAS, it is the intent of the City Council to provide funding for a Housing Maintenance Program: NOW THEREFORE, BE IT RESOLVED that a Housing Maintenance Program Fund be established as a fund of the Columbia Heights Economic Development Authority and funds be transferred from the following funds to the Housing Maintenance Fund 207 effective January 1, 2008. From Funds: # Name Amount 299 Business Revolving Loan Fund $306,426 235 Rental Housing $40,688 101 General Fund $138,000 226 Special Project $103,350 410 Sheffield Development $400,000 Total $988,464 BE IT FURTHER RESOLVED that funds be transferred from the following fund to the Housing Maintenance Fund 207 before December 31, 2008. From Fund: # Name Amount 226 Special Project $103,350 NOW THEREFORE, BE IT FURTHER RESOLVED that the fund balance in the newly established Housing Maintenance Fund be appropriated for expenses related to the Housing Maintenance Program. J. Adobt Resolution 2007-225 to request $86,647 from the Anoka County HRA_Levy_to finance the yap in the redevelopment of 3805 2nd. Street NE Nawrocki stated his objection to this request and indicated that this ispre-mature. He stated that we have asked the County to extend their levy to Columbia Heights, which you do not see on your tax statement. Nawrocki referred to the administrative cost, which was not specifically indicated other than suggesting $15,000. This has not been officially approved by the County. Streetar stated that the Council passed a resolution supporting the levy for reinvestment in housing. The money is acquired by Council passing a resolution and can be obtained and used after January 1. Streetar referred to the four homes purchased by the City with the Greater Metropolitan Housing Corporation (GMHC) and redeveloped in to eight homes of a much higher value. GMHC purchased 4141 Jefferson and will build two new homes there. This request will be for money to do this same thing at 3805 2"d Street. It would cost $86,000, but would remove a house destroyed by fire and replace it with two new homes valued over $230,000 each. Nawrocki questioned the owner receiving $105,000 and questioned if they received an insurance payment how that would affect the purchase. Streetar indicated they would receive $86,000. Peterson stated that this is a fair price and the owner has been very cooperative. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution 2007-225, there being City Council Minutes Monday, November 26, 2007 Page 7 of 39 an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to Adopt Resolution 2007-225, being a Resolution requesting funds in the amount of $86,647 from the Anoka County HRA Levy to finance the gap in the redevelopment of 3805 2nd Street NE, in the City of Columbia Heights. Diehm thanked staff for working on this property. She stated that we must continue to bepro-active. Upon vote: Kelzenberg, aye; Williams, aye; Kelzenberg, aye; Nawrocki, no; Peterson, aye. 4ayes - 1 nay. Motion carried. Fehst noted that Mr. Streetar is making his last Council meeting appearance and he will be going to Oakdale. On behalf of the Council and staff, Fehst thanked Bob for all the work he has done for us. Fehst referred to the goals that Streetar lead the Community Development Department through. Fehst thanked hitn. Peterson reiterated the City Manager's statements. He indicated that when Mr. Streetar came onboard he moved the City forward. We do have a replacement, but there is no other "Bob". Williams stated that Mr. Streetar encouraged us to do the HRA renovations. Streetar stated that when he started the Mayor told him to "get going and get grant money" and we obtained $7 million in grants. Nawrocki stated that he spent a lot of time in discussions with Mr. Streetar. They disagreed on some items, but Streetar is the hardest working staff person we have had. Streetar has taught him things despite their differences. RESOLUTION 2007-225 A RESOLUTION REQUESTING FUNDS IN THE AMOUNT OF $86,647 FROM THE ANOKA COUNTY HRA LEVY TO FINANCE THE GAP IN THE REDEVELOPMENT OF 3805 SECOND STREET NE, IN THE CITY OF COLUMBIA HEIGHTS. WHEREAS, the City Council was invited by the Anoka County Housing and Redevelopment Authority (ACHRA) to participate in ACHRA economic development activities; and, WHEREAS, Council passed a resolution on September 10, 2007 to participate in the Anoka County Housing and Redevelopment Authority (ACHRA) economic development activities; and, WHEREAS, the ACHRA would levy a tax in Columbia Heights each year of participation, for a minimum of five years; and, WHEREAS, that the City, by participation in the ACHRA economic development activities, can request funds to support the City's redevelopment and housing maintenance and improvement goals; and, WHEREAS, the redevelopment of 3805 Second Street NE achieves two goals of the Housing component of the Comprehensive Plan; and, WHEREAS, the redevelopment of 3805 Second Street NE meets the intent of the Single-Family Home Replacement Program, part of the 10-Years Housing Maintenance Plan implemented by the EDA; and, WHEREAS, Anoka County Community Development staff indicated that gap funding assistance for the redevelopment of 3805 Second Street NE would be a qualified expenditure; and, WHEREAS, the Greater Metropolitan Housing Corporation (GMHC) has signed a purchase agreement with the owners of 3805 City Council Minutes Monday, November 26, 2007 Page 8 of 39 Second Street NE; and, WHEREAS, the EDA will be asked to enter into a contract for private redevelopment with GMHC for the redevelopment of the 3805 Second Street NE; and, WHEREAS, the redevelopment of 3805 Second Street NE requires $86,647 in gap funding assistance. BE IT FURTHER RESOLVED that the City of Columbia Heights requests $86,647 from the Anoka County HRA for gap funding assistance for the redevelopment of 3805 Second Street NE, contingent upon approval of the redevelopment contract for private redevelopment between the Columbia Heights EDA and the Greater Metropolitan Housing Corporation (GMHC) on November 27, 2007. Q. Approve the Business License Applications Nawrocki requested a split of the items and indicated that he would abstain from the VFW Post #230 vote, as he is an officer of this organization. Williams requested a split of the items and indicated that he would abstain from the Jeff's, Bobby & Steve's vote, as he is an officer of this organization. Motion by Diehm, second by Kelzenberg, to approve the remaining items on the business license agenda for November 26, 2007 as presented. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to approve the VFW Post #2301icense request. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, abstain; Peterson, aye. 4ayes - 1 abstention. Motion carried. Motion by Diehm, second by Kelzenberg, to approve the Jeff's, Bobby & Steve's license requests. Upon vote: Kelzenberg, aye; Williams, abstain; Dielun, aye; Nawrocki, aye; Peterson, aye. 4ayes - 1 abstention. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions -none B. Bid Considerations -none C. Other Business Public Safety facility update Fire Chief Gary Gorman indicated there has been no additional action on this and it would be discussed by the City Council again on December 17, 2007. Fehst stated that discussion for an Activity Center would come before Council at the December 17 work session. He indicated that the last work session discussion covered possible proposals. If both a public safety facility and activity center are considered, there was discussion to work with the YMCA and build at NEI or Murzyn Hall. The YMCA would require that swimming pools be included. If both facilities were built at the NEI site, an additional $4 million would be necessary to purchase additional property. Nawrocki stated there was discussion at the work session by one councilmetnber of the Library Board's request for a new library. He stated that we should talk further with the schools, as they plan to add one gym. Nawrocki referred to the old High School building that was demolished, which he felt should not have been. The activity center should be subject to a referendum. Our General Obligation (GO) Bonds are limited to $28 million and the City Manager has indicated both City Council Minutes Monday, November 26, 2007 Page 9 of 39 projects could use up that limit. The public safety building should be the police station and use of their current space should be for the fire department. He stated that maybe we should look at acquiring property along 40`h Avenue adjacent to the police station to add on and meet the needs of the police. Williams stated that he was not afraid of a referendum, but residents should know that if there is a vote the project would cost ten percent more. If we work with the YMCA it would not go against the city with lease revenue bonds as stated by Mark Ruff of Ehlers. Fehst stated that has not been determined yet. Fehst listed anticipated costs and revenues and stated that the YMCA has indicated they would support a third of this. He indicated that when we borrow money on a GO Bond the taxes are based on net tax capacity and if you are forced to a referendum it is based on the assessed market value. In that case, residents pay about ten percent more because businesses are not taxed as high. Bill Elrite, Finance Director, stated the cost is not snore; it is how the cast is distributed between commercial, industrial, and residential property. Fehst referred to the public support shown in favor of a public safety building at the National Night Out events. NP\xICI PttPY Nawrocki indicated that budget hearing information in the newsletter leaves out the 2007 to 2008 tax increase of about $497,000, which does not include the $196,000 HRA Levy. We also added a $70,000 contingency for an additional police officer. The County EDA amount of $200,000 is not included. The infrastructure bond issue is also not referred to. Nawrocki stated that the total proposed taxes of $7,441,000 are an increase of $779,682 or 12 percent. The newsletter indicates 6.4 percent. In 2003 the sanitary sewer, storm sewer and water increase was 50 percent per house and this year we passed another increase for sanitary sewer, storm sewer, and water rates. This is in addition to ongoing road work assessments. The chart in the newsletter makes it look like the increase is minimal. Nawrocki compared a Fridley home in the Columbia Heights School District tax as $1001ess than our residents pay. Next Monday, December 3 at 7:00 p.m. will be the Truth in Taxation hearing. Williams referred to several of his tax statements, indicating his residence increased 3.1 percent. He stated that his businesses tax increased 12 percent. At one of his stores in Hennepin County the tax increase was 132 percent. He stated that the value of his home increased. Fehst stated he has scheduled a meeting with Anoka County Assessors to discuss the increase of values in homes and the increase in commercial tax. The major reason for the tax increase is the increase of the market values. Fehst stated that he would obtain answers prior to the tax hearing. PUBLIC HEARINGS A. Second reading of Ordinance No. 1532, being an ordinance pertaining to Property Maintenance. Motion by Kelzenberg, second by Dielnn, to waive the reading of Ordinance No. 1532, there being ample copies available to the public. Upon vote, all ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Ordinance No. 1532, being an Ordinance adopting the Property Maintenance Code. Fire Chief Gorman stated this Ordinance repeals the current Residential Housing Maintenance Code and replaces it with a Maintenance Code, which includes commercial property. This is the first rewrite of this portion of the code since 1989. The first reading was in October with there being a question on the dates that heat must be available, which has been changed as requested. The Conduct of Premises includes crime City Council Minutes Monday, November 26, 2007 Page 10 of 39 free, drug free wording, allowing their own wording if it is stricter than ours. This is more specific than the current code. Williams requested clarification of not allowing drugs in apartments. Gorman referred to the three strike rule where disorderly conduct happens. If drugs are involved and the tenant is not removed, the license can be revoked after one violation. Nawrocki questioned the start up of boilers date. Gorman stated this was changed from September I S to October 1. October 1 is currently used and it works. Nawrocki stated that overall this Ordinance is an improvement and he is pleased this includes commercial property. Now commercial property will be required to have hard surface parking and current license plates. Gorman stated that commercial property will beheld to the same standards as residential property. This Ordinance also allows for commercial licensing, which has not yet been set up. Gorman stated that if approved, the Ordinance would go into effect December 26 and enforcement would begin January 1 during regular fire inspections. Jim Hoeft, City Attorney, referred to the heating start up dates and indicated the date given is the last day the heat must be turned on, but it can be turned on before that date. Tim Utz, 556 40th Avenue, stated that allowing owners to use their own language in rental agreements is asking for trouble. Hoeft stated that most owners have language that is more strict. Upon vote: All ayes. Motion carried. The ordinance can be found at the end of this docacment. B. Revocation of the license to operate a rental unit within the City of Columbia Heights, for failure to meet the requirements of the Residential Maintenance Code, is requested against rental properties at: • 1401-03 Parkview Lane -Resolution 2007-226 Gorman stated that this property was vacant for many years. It is now available for rent, but needs many items repaired. Nawrocki stated that the house has incorrect house numbers on it. • 961 37th Avenue -Resolution 2007-227 Gorman stated there is scrub growth and the fence has not been completed. • 4124 5th Street -Resolution 2007-228 Gorman stated that this is a vacant property with a lot of problems. Michael Nehmzow, 3943 172°d Lane NW, stated that he has just purchased the property and was requesting an extension. He indicated the repairs that have already been done. Nehtnzow stated that at the tune of sale he was told there were no special assessments, but there are now assessments on his tax statement. Gorman suggested he speak to the Title Company, as soiree realtors do not submit and pay for a formal assessment search. Nelunzow questioned why the assessment is not put against the property immediately. Gorman indicated the abatement process and timing. Jim Hoeft stated that the City Council approves the assessments at a mass hearing in September. The assessments then go to Anoka County. Any assessments after this date are held until the following year, but are available through a special assessment search. We do one mass hearing as they do not assess until the next year. Fehst questioned the ownership status. Nehmzow stated that they purchased the property in February and were directed not to go on the property, for legal reasons. Fehst asked they were notified. Gorman stated that the owner at the time of abatement was notified. City Council Minutes Monday, November 26, 2007 Page 11 of 39 Diehm indicated that our procedure is not different from other communities. The purchase agreement indicates who is responsible for assessments and the title company is responsible to research the assessments. Hoeft stated the process we follow is dictated by State Statute. Fehst stated his appreciation that the property is being fixed up. Fehst suggested that we examine this process to find if there is a way to make this faster. Gorman stated this property was atwo-day abatement, with fire department payroll. Hoeft indicated that this assessment has been approved by the City and sent to the County for assessment. Peterson stated that this issue is between the buyer and the seller. The City has done due diligence. Nehmzow requested an extension to January 15. Gorman indicated that the property is vacant. Peterson stated that the majority of the hard work has been done. Nehmzow stated the violations would be completed prior to rental of the property, and requested reissuance of the license as soon as possible. Hoeft indicated this could be continued to the next meeting and the owners can give a progress report on the cleanup. Motion by Diehm, second by Kelzenberg, to continue 4124 5th Street -Resolution 2007-228 to the December 10 City Council meeting. Nawrocki stated that this Wednesday is the Anoka County Government meeting and he would like to have information on this property to discuss with them. Upon vote: All ayes. Motion carried. • 1000 Peters Place -Resolution 2007-229 Gorman stated that most items were complete, except the windows. There were additional items found upon this inspection. • 1008-10 Gould Avenue -Resolution 2007-230 Removed • 563 38th Avenue -Resolution 2007-231 Gorman indicated the violation was for outside storage removal that was not completed. • 3806 Jackson Street -Resolution 2007-232 Gorman this is regarding hard surface parking. • 4639-41 Washington Street -Resolution 2007-233 Gorman. stated that one side of the property is vacant. There are items in one unit and outside storage violations. • 4151 Stinson Blvd -Resolution 2007-234 Removed Motion by Williams, second by Kelzenberg, to close the public hearing and to waive the reading of Resolution Numbers 2007-226, 2007-227, 2007-229, 2007-231, 2007-232, 2007-233, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution Numbers 2007-226, 2007-227, 2007-229, 2007-231, 2007-232, 2007-233, being Resolutions of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of the rental City Council Minutes Monday, November 26, 2007 Page 12 of 39 licenses listed. Upon vote: All ayes. Motion carried. Nawrocki indicated that there is a vehicle at 715 39`'' Avenue with expire License tabs. Resolutions are placed at the end of this document. C. Declaration of a nuisance and abatement of violations within the City of Columbia Heights, for failure to meet the requirements of the Residential Maintenance Code is requested regarding property at: • 5045 Johnson Street -Resolution 2007-235 Gorman stated there is a brush pile in the rear yard. • 444$ Quincy Street -Resolution 2007-236 Removed • 4043 Jefferson Street -Resolution 2007-237 Gorman stated there are outside storage issues. There has been communication and the work is progressing. • 4919-21 Jackson Street -Resolution 2007-238 Gorman stated the license was revoked previously and this is for items that were not done before the revocation. • 941 45th Avenue 2007-239 -Resolution 2007-239 Gorman stated that there is outside storage and a stump in the yard. Nawrocki stated that across the street, Auto Max, has graffiti on the building. • 4618 Filhnore Street - Resolution 2007-240 Gorman stated that there is outside storage on the property. Nawrocki stated that at 4641 Taylor there is trash and TVs in the alley. • 4631-33 Pierce Street -Resolution 2007-241 Gorman stated that this property is vacant with seven violations. The license was revoked earlier this year. • 3853 3rd Street -Resolution 2007-242 Gorman stated this was an immediate abatement and is owned by Root Company. The abatement was for water and gas shut off, as the property was vandalized. Deb Johnson, 4626 Pierce Street, stated that this property owner can talk to the news media, but not come to the City Council meeting. She stated that it was one of the most atrocious properties she had ever seen. It is now cleaned up thanks to the Fire Department. • 4936 7th Street -Resolution. 2007-244 Gorman stated that the property is vacant with scrub growth and appliances by the alley. • 4232 5th Street - Resolution 2007-245 Gorman stated this is for outside storage on the property, some of which has been cleaned up. Alan Clarkewiggins, owner, indicated these were items he had in storage, which he is sorting and City Council Minutes Monday, November 26, 2007 Page 13 of 39 removing. Over 7,000 pounds have been removed from the property, and he will be finished in two weeks. Gorman suggested going through with the abatement and indicated the department would work with the owner. • 4110 6th Street -Revocation 2007-246 Gorman stated that there is a landscaped area that needs to be repaired. • 5118 4th Street -Resolution 2007-247 Gorman stated that there is outside storage on the property that needs to be cleaned up. Nawrocki stated that there is a vehicle with expired plates at Sls` and University and a trailer with used tires. Fehst stated there were residents present for an item that was removed from the agenda. Peterson gave them the opportunity to speak. John Larkin, Assistant Fire Chief stated that there was a notification error. Motion by Diehm, second by Williams, to close the public hearing and to waive the reading of Resolution Numbers 2007-235, 2007-237, 2007-238, 2007-239, 2007-240, 2007-241, 2007-242, 2007-244, 2007-245, 2007-246, 2007-247, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution Numbers 2007-235, 2007-237, 2007-238, 2007-239, 2007-240, 2007-241, 2007-242, 2007-244, 2007-245, 2007-246, 2007-247, a resolution of the City Council of the City of Columbia Heights declaring the properties listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. Upon vote: All ayes. Motion carried. Resolzctzons have been placed at the end of this docz~ment. Administrative reports Report of the City Manager • Truth in Taxation meeting will be on December 3rd. Staff will meet with the County Assessor to determine the cause for dramatic increases and differences. • Requested the State eliminate excess signage on Central Avenue. About 90 percent of the signage will be removed. Peterson stated that he requested this, as they were unsightly and unnecessary. He suggested potted plants in areas where there was concern that people would drive over the median. Nawrocki • Regarding the replacement of the Community Development Director- was told he could come to talk to him, but was only allowed to speak to him for a brief time. He spoke to people from the candidate's previous job and the coimnents were generally good. Did not know he was starting and he is starting almost at the top of the scale. How is the increase for 2008 handled. Fehst stated that the range will go up in January. Nawrocki questioned the posting procedure of the position. Peterson commended the City Manager as we need to continue moving forward in our city and he found someone that will continue that. Fehst stated he worked in Arden Hills for a year and then moved to Elk River. Prior to that, he worked 26 years in Brooklyn Park. Fehst indicated that Streetar is respectful of this person. Report of the City Attorney -nothing to report. City Council Minutes Monday, November 26, 2007 Page 14 of 39 CITIZENS FORUM Ludvig Patco, Jackson Street, spoke regarding the request for three gymnasiums, stating that the community has 18,000 people, of which one-half are retirees. We are in a recession or depression. There is high unemployment and prices are increasing on everything. Consider this before your vote. COUNCIL CORNER Kelzenberg • No parking on City streets from 2:00 a.m. to 6:00 a.m. This is so the streets can be plowed when we get snow. Read an article from the green sheet on police activity. Quoted R.T. Rybeck -"Elected officials are stewards of the future." Williams Diehm • Agreed that we are stewards of the future and that is a tough job. Feel a new Library should be considered. • Presented National League of Cities Resolutions and information. Mayor Bloomberg spoke, as did the head of the Clinton campaign and the past Republican campaign chairman. There was extensive infrastructure discussion, such as water systems. We have been working on our infrastructure for years. The people in New Orleans are just as friendly as, or friendlier than our state. They were very thankful for us being there. Spoke of restaurants and attractions visited. The resolutions passed are submitted to our Senators. The National League is big on sustainability. If we make decisions, they must be sustainable. Public safety was a big issue. • There will be a new MN League President -Mary Hamon the Mayor of Apple Valley. • Picked New England to win the super bowl. • People have more warmth in this season. If curious why Council members are sitting on audience chairs, we were challenged to sit in them to see what they were like and maybe have a more concise and efficient meeting. Nawrocki • Was the one to suggest removing council chairs from the budget and to replace the audience chairs. • Attended County and City Elected Officials meeting at the National Sport Center. They spoke of ways to raise money to improve transportation. Transportation is important in Columbia Heights to have access to jobs. • This Thursday, will attend the Metro Regional Transit meeting in Bloomington to discuss the policy plan. • DARE program - a great program our police run through the school system. DARE graduation at Valley View will be on December 4`h for fifth grade graduates and the Immaculate Conception DARE graduation is this Thursday. Our police officers do a great job on this program. Peterson • Louie Egey l 00`l' Birthday event -Steve Antus from Comcast Cable was at the celebration and it will be broadcast on cable. • Thanked everyone that helped with the Holiday Kick Off Party and those that attended. It was a huge success. It was even better because our youth were involved: the Moon Shoe Players performed, the National Honor Society served the sit down dinner, along with assistance of the City Council Minutes Monday, November 26, 2007 Page 15 of 39 Columbia Heights Royalty. • As we toured the devastation in New Orleans, I found that their community is nothing like ours. Our streets are better, our homes are bigger and better, and their restaurants are in old buildings. This makes me appreciate all we have. We are the best state and the best community. Don't take ourselves too seriously. This is the season to appreciate where and how we live, and the reason for the season should be to pay attention. Do a random act of kindness. 11. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:58 p.m. ~ ~ ` t n . Patl-icia Muscovitz CMC ~ ~. City Clerk Ordinance: ORDINANCE 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: CHAPTER SA: PROPERTY MAINTENANCE CODE Article I. GENERAL PROVISIONS tI. MINIMUM STANDARDS III. INSPECTION AND ENFORCEMENT IV. LICENSING V. REMEDIES Vl. VIOLATIONS AND PENALTIES ARTICLE l: GENERAL PROVISIONS 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 P~•operry 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 sh•uctures and premises that do not comply with these provisions shall he altered or repaired to provide a minimwn level of health and safety as required herein. (D) If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. (E) With respect to disputes between property owners (owners) and tenants, and except as otherwise specifically provided by terms of this Code, the City Council (Council) will not intrude upon the accepted contractual relationships between owners and tenants. The Counci] 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 City Council Minutes Monday, November 26, 2007 Page 16 of 39 relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of City government. In enacting this Code, the Council does not intend to interfere or permit interference with legal rights to personal privacy. § SA.102 APPLICABILITY. (A) The provisions of this code shall apply to all matters affecting or relating to structures and premises, as set forth in Section 1.01. 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 constnred 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, otiicer or employee charged with Che 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 pern~itted 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 tinal termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the deparnnent of property maintenance inspection, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith. § SA.103 DEFINITIONS. (A) For the purpose of this code the following detinitions shall apply unless the context clearly indicates or requires a different meaning. ACCESSORYSTRUCTURE. A building or stnacture 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. Aparhnent 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. B,4SEMENT. That portion of a building which is partly or completely below grade. BATHROOM. A group of fixtures consisting of a water closet, lavatory, and bathtub or shower. Such fixtures are located together on the same floor level. BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy. CITY. The City of Columbia Heights. CITY COUNCIL. The City Council, which is the governing authority of the City of Columbia Heights. CLEAN. The absence of rubbish, garbage, vermin or other unsightly, offensive or extraneous matter. CODE OFFICL9L. 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 C/TY 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 pernlanent 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. 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. City Council Minutes Monday, November 26, 2007 Page 17 of 39 GARBAGE. As defined in Chapter 8, Article III of City Code. GUARD. A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level. H.9BIT.9BLE SP.9CE. 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 1 10° 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 D.9NGER. A condition which could cause serious or life-threatening injury or death at any time. INFEST.9TION. 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. L.98ELED. 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. L.9NDSC.9PE. Site amenities, including trees, shrubs, ground covers, flowers, fencing, berms, retaining walls, and other outdoor tinishing's. LET FOR OCCL/PANCY OR LET. To permit, provide or otter 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 ar unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land. MECH.9NIC.9L EQUIPMENT. A system specifically addresses and regulated in this code and composed of components, devices, appliances and equipment including, but not limited to, heating, ventilation, exhaust, air conditioning, and communication units integral to and located on top, beside, or adjacent to a building. OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied OCCUP.9NT. Any person (including owner or operator) living in, or having possession of a space within a building. OPEN.9BLE .9RE.9. 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 Linn, 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. PROPERTY MAINTEN,9NCE CODE. Chapter SA of this City Code together with the Lrtern~tional Property Mainterurnce Code, 2006 Edition, as amended, International Code Conference. PROPERTYMALVTENANCE ENFORCEMENT OFFICER. Agent designated by the City Manager to enforce provisions of the property maintenance code. PUBL/C 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 W,9 Y. 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. RENT.9L. Same meaning as LET FOR OCCUPANCY OR LET. REPAIR. Shall mean to restore to a sound, acceptable stag: 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. RET.9INING 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 pur)~oses. RUBBISH. As defined in Chapter 8, Article III of City Code. SAFE. The condition of being free from danger and hazards which may 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 eyuiprnent. STORY, FIRST. The lowest story in a building which qualities as a story, as defined herein, excepC 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. TEN9NT. 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. City Council Minutes Monday, November 26, 2007 Page 18 of 39 UNSAFE. A condition or a combination of conditions which are dangerous or hazardous to persons or property. UN'S,4,VIT.4RY. Conditions which are dangerous or hazardous to the health of persons. VEHICLE or MOTOR VEHICLE. As detined 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. W,4 TER 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 cun•ent 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," "prenuses," "building," "rooming house," "rooming unit," "housekeeping unit," "structure," ar "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 plural and the plural, the singular. (D) Where terms are not defined in this code and are detined in the Minnesota State Building Code, Micviesotn State Fire Code, or City Code, such terms shall have the meanings ascribed to them as in those codes. (E) Where teens are not detined through the methods authorized by this section, such teens shall have ordinarily accepted meanings such as the context implies. ARTICI..E lI: M[NIMU'y1 STANDARDS Section SA.201 Basic equipment and facilities SA.202 Exterior Property Areas SA?03 Exterior Structure SA.204 Interior Stwcture 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 ~~' SA.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 may be necessary while actual repairs or alterations are made or during temporary emergencies. No premises may use the utilities, services or facility equipment of another premises after their utility, service or facility equipment has been removed or shut off unless it is with the permission of the Building Official. (C) Buildings in existence at the time of the adoption of the Code may have their use or occupancy continued, if such use or occupancy was legal or legal non-conforming at the time of the adoption of the Code, provided such continued use is not dangerous to life. Non-conformities shall follow the requirements of Chapter 9, Article 1 of City Code. ~~' SA.202 EXTERIOR PROPERTY AREAS. (A) Snnitcttioi7. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. (B) Outside Storage. Outside storage of articles including, but not limited to, equipment, construction materials, excess soil, garbage, rubbish, yard waste, recyclables, hazardous waste, items not designed for exterior use, and maintenance equipment shall not be allowed. A weather tight, rodent-proof storage building or shed must be constructed for storage of items not storable within the building. Storage containers including, but not limited to, trailers, semi trailers, cargo containers, PODS, and dumpsters, are not allowed as permanent storage structures. The use of these types of storage containers for temporary use, up to sixty consecutive days, is allowed by meeting all requirements of City Code. (C) Grnding 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) Ground 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 tree 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 ten•ain 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 bar•iers shall be maintained. Damaged or deteriorated materials shall be repaired or replaced. City Council Minutes Monday, November 26, 2007 Page 19 of 39 (E) S/open aaad Berms. Final grades with a slope ratio of greater than three (3) to one (t)will not be permitted without special approved treatment such as special ground covers or reforestation, terracing, or retaining walls. Benning used to provide required screening of parking lots and other open areas shall not have slopes in excess of three (3) to one (I ). (F) Ta•ees 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 tune 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 Starnaps. 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 tilled 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 tirewood allowed per premises. (J) Placement of Plaaat Materials. No landscaping shall be allowed within any drainage utility easements, road right-of--way, or immediately adjacent Co 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 may be located shall be hard surfaced and shall confornr 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) Lafestcrtion. A]1 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 extern~inated 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 pern~it the accumulation of any materials in such a manner that may provide insect, bird and rodent harborage, or serve as food for same, in or about structures or premises. (M) Exhaust Vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, water, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant. (N) .9ccessor•y 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, mad Retaining Walls. All fences, free standing walls, and retaining walls shall be conshucted and regulated in accordance with Chapter 6, Article IV of the Columbia Heights City Code and maintained per section SA.203. (P) Junk Vehicles mad 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 may be 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 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 graftiti. It shall be the responsibility of the owner to restore said surtace to an approved state of maintenance and repair per section 8.204(R) of City Code. (R) Sivinanaiaag pools. Swimming pools, spas and hot tubs, including all required fencing and safety festures, 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) Pet.r. 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 Chat 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 sh•ucture 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) Protecd~r~e Treannent. All exterior surfaces, including but not limited to, siding, doors, door and window frames, cornices, porches, trim, balconies, signs (including piton and monument), 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. Feeling, flaking and chipped paint shall be eliminated and surfaces repainted. City Council Minutes Monday, November 26, 2007 Page 20 of 39 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 surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. If any structure is remove or demolished for any purpose, all parts of the demolished structure are to be removed, including utilities, foundations and footings, unless those parts are to be reused for a new structure and is approved by the Building Official. (C) Premises Identifrcation. 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 of4 inches (102mm) high with a minimum stroke width of 0.5 inch (12.7mm). (D) Structural Members. All structural members shall be maintained tree from deterioration, and shall be capable of safely supporting the imposed dead and live loads. (E) Fotnrdatiorr 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) Exter^ior 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 crud Drainage. The roof and flashing shall be sound, tight and not have detects that admit rain. Rooting 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 E.rtensions. 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) Stuir~rvavs, Decks, Porches nrad 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 crud 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, Sltylight and Door Franres•. 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) Operrable Wixdotirs. 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. (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) Dons. 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 tit 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 entrances 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) Gnm•ds for Bas~rnent Windows. Every basement window that is openable shall be supplied with rodent shields, stone windows, screens or other approved protection against the entry of rodents. (U) Building Secru•ity. 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 looks 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 City Council Minutes Monday, November 26, 2007 Page 21 of 39 and without the use of a key, tool, combination thereof or any other special knowledge or effort. In buildings of four or more dwelling units, rooming units or 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 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) Strzrcturzd ~Y/enrbers. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. (C) Interior Smfnces. 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 WalA~ng Surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition, free of hazards, and in good repair. Every stairway or flight of stairs, whether inside or outside of a dwelling, and every porch or balcony shall be kept in safe condition, sound repair, and free of deterioration. Every stairwell and every Hight of stairs shall have handrails which. conform to the standards set forth in the Minnesota State Building Code. Every porch, balcony or deck which is more than 30 inches high shall have a guardrail installed and maintained to Section SA.205(F). No flight of stairs shall have settled out of its intended position or have pulled away from the supporting or adjacent structures enough to cause a hazard. No flight of stairs may have rotting, loose or deteriorating surfaces and supports. The treads and risers of every flight of stairs, except spiral or winding stairways, shall be essentially uniform in width and height. (E) Interior- Doors. Interior doors shall be maintained free of defects, holes, or damage. Every interior door shall tit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. Door hardware shall be maintained in working condition. (F) Guards and Handrails. Every handrail and guard shall be tinnly 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 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 acemnulation 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, and appliances shall not be placed on the curb line more than 24 hours prior to scheduled collection or be left on the curb line more than 24 hours after scheduled collection. (C) Rubbish, Garbage, Recycling, crud Composting. Rubbish, garbage, recycling, yard waste, and composting shall be regulated in accordance with Chapter 8, Article tit of the Colwnbia 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 shalt 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-tive (75) percent opacity year-round. ~~' SA.206 OCCUPANCY LIMITATIONS. (A) Occupancy limitations for all non-residential properties shall be determined by the type of occupancy and the occupant load limits set by the Minnesota State Building Code and Minnesota State Fire Code. (B) Permissible occupancy of rental dwelling unit. The maximum permissible occupancy of any legal or legal non-conforming rental dwelling unit at the time this code is adopted shall be determined as follows: (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. City Council Minutes Monday, November 26, 2007 Page 22 of 39 (C) The minimum permissible square footage of any new rental property, initially licensed after The adoption of this code, shall meet the minimum requirements caf 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-residential Occupancies. Lighting shall be installed and maintained to the requirements of the Minnesota State Building Code and City Code. (B) Residential Occupancies. Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than 3 feet (914 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 m'). The exterior glazing area shall be based on the total floor area being served. (C) Comnaora Halls coact 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 (19 m') of floor area or equivalent illumination, provided that the spacing between lights shall not be greater Chan 30 feet (9144 nun). A minimum of 1 footcandle (1 1 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. ~~' 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 lest 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 of the-interior room or space, but not less than 25 square feet (2.33 m''). The ventilation openings to the outdoors shall be based on a total floor area being ventilated. (B) Nonlanbitable Spaces. Laundry rooms, utility rooms, or other nonhabitable rooms shall contain a minimmn 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 Grad 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 certificate 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 ofticial. (E} Process Veratilatiora. 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 contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space. (F) Clothes Drver• E.thcrust. 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 tixtm-es are designed. All plwnbing fixtures shall be maintained in a safe, sanitary and functional condition. (B) Nlininauna 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 t2>od that does not require refrigeration for safekeeping that shall be of sound construction covered with surfaces that are easily cleanable and that wilt not impart any toxic or deleterious effect to food. c. An operational and functioning stove for cooking food and a refrigerator for the safe storage of food which are properly installed with all 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, suftcient space and adequate functioning connections for the installation and operation of the stove and refrigerator must exist. City Council Minutes Monday, November 26, 2007 Page 23 of 39 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. £ 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) Fi_rttrre Clecrrzrnces. 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 shat] require the detects 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) 19'ater. 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) Coruarniruttion. 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 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). A gas- burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combus- tion air is provided per the Minnesota State Building Code. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. (I) Sewer. All plumbing fixtures shall be properly connected to a public sewer system. (J) Maintenance. Every plumbing stack, vent, waste, stone water pipes, and sewer lines shall function properly and be kept free from ob- structions, leaks and detects. (K) Storm Drainage. Drainage of roots and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. § SA.210 HEATING AND MECHANICAL (A) Heating Facilities Required. Heating facilities shall be provided in structures as required by this section. (B) Non-Residential Occupancies. All occupiable indoor workspaces shall be provided with heating facilities as required by the Minnesota State building Code. (C) Residential Occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68 degrees F. in all habitable rooms, bathrooms and toilet rooms. Cooking or water heating appliances shall not be used to provide space heating to meet the requirements of this section. Portable heating equipment employing dame 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 teens, 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 minitnwn room temperatm•e shall not be required provided that the heating system is operating at its full design capacity. (E) Room tenrperatta-e mecrsarenrent. The required room temperatures shall be measured 3 feet above the floor level and 3 feet from exterior walls. (F) Mechanical ~lpplirrnces. 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 pertonning the intended function. (G) Rerrroval of Corrrbrrstion Products. All fuel-burning equipment and appliances shall be connected to an approved chimney or vent unless the fuel-burning equipment and appliances are labeled for unvented operation. (H) Clearances. All required clearances to combustible materials shall be maintained. (I) Safety Corrh•ols. All safety controls for fuel-homing equipment shall be maintained in effective operation. (J) Corrrbustiar .9ir. A supply of air for complete combustion of the fuel and for ventilation of the space containing thefuel-burning equipment shall be provided for the fuel-burning equipment. (K) Ener~v Conservntion Devices. Devices intended to reduce fuel consumption by attachment to afuel-burning appliance, to the fuel supply line thereto, or to the vent ouClet or vent piping therefore, shall not be installed unless labeled for such purpose and the installation is specifically approved by the Building Official. § SAZ I 1 ELECTRICAL. (A) Facilities Required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section. City Council Minutes Monday, November 26, 2007 Page 24 of 39 (B) Service. 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 amperes. (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. (G) Elevators, Dambtivaiters and Escalators. Elevators, dmnbwaiters and escalators shall be maintained to sustain safely all imposed loads, to operate properly, and to be free from physical and frre hazards. The most current certificate of inspection shall be on display at al] 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 Systenss. 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 shalt 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-tamily 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 aparnnent dwelling units effective August I, 2009. (E) Carbon Monoxide Alarm Requirenrerrts. 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. (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) E~-tensiorr cords. The use of extension cords and multi-plug type of adapters shall meet the requirements of the Minnesota State Fire Code. ARTiCI_E III: INSPECTION AND ENFORCEMENT Section 5A.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 AUT}IORITY. The City Manager and his designated agents shall he 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 wait sought to be inspected. 5.4.302 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 City Council Minutes Monday, November 26, 2007 Page 25 of 39 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. § 5A.303 INSPECTIONS. Premises shall be inspected in accordance with the City's "Property Maintenance Inspection Policy," § SA.304 COMPLIANCE ORDER. (A) Whenever the Property Maintenance Enforcement Officer determines that any premises fails to meet the provisions of this chapter, he may issue a compliance order setting forth the violations of the chapter and ordering the owner, occupant, operator, or agent to correct such violations. The compliance order shall: (1) Be m Wnting; (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 f le; (c) Sent by mail to their last known address; or (d) Upon failure to effect notice through subdivisions (a) thru (c) as set out in this section, posted at a conspicuous place in or about the premises which is affected by the notice. (B) Upon correction of all Property Maintenance Code violations as set forth in the compliance order, the Property Maintenance Enforcement Officer shall, upon request of the owner or landlord, occupant, operator or agent issue a written statement that all violations have been corrected in accordance with the property maintenance code. § SA.305 POSTING TO PREVENT OCCUPANCY. The Property Maintenance Enforcement Officer may post any building, structure or premises covered by this article as being in direct violation of the chapter preventing further occupancy. Posting will occur if any owner, agent, licensee or other responsible person has been notified by inspection report of the items which must be corrected within a certain stated period of time and that the corrections have not been made. Current occupants shall have not more than 45 days to vacate a posted property. Current occupants shall vacate posted property immediately if such occupancy will cause imminent danger to the health or safety of the occupants. No person, other than the Property Maintenance Enforcement Officer or his representative, shall remove or tamper with any placard used for posting. No person shall reside in, occupy or cause to be occupied any building, structure or dwelling which has been posted to prevent occupancy. § 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. § 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 incon-ectly 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. ARTICLE IV: OCY'11PAlVCY 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 5A.407 License renewal SA.408 Suspension or revocation SA.409 License fees City Council Minutes Monday, November 26, 2007 Page 26 of 39 SA.410 Conduct on licensed premises SA.41 1 Background checks § SA.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 may be occupied provided that the unlicensed units within the apartment building do not create a hazard to the health and safety of persons in occupied units. Exception: Owner occupied single-family home occupancies. § 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 foams 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 prenuses. (C} Applicants shall provide requested information on license applications which may include, but is not limited to: (1) Name and address of owner of the premises. The owner must identify a designated property manager responsible for operation and maintenance of each licensed property. The owner may be the designated property manager. (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 l icensed. (5) In residential property the number of dwelling units, and the number of bedrooms in each dwelling unit. In non-residential property the square footage of the building (if wholly used by one occupant), or the square footage of the individual tenant spaces. (6} The number of paved off-street parking spaces available. (7} Name and address of person to whom owner/applicant wishes aletters/notices to be sent for purposes of § SA.304(A). (8) All owners of a premises shall provide contact information for the owner and property manager, including telephone access numbers to be used in emergency situations and emergency maintenance and repair. The owner must provide the city with any contact information changes occurring within the license period. This requirement shall be a condition precedent to the issuance of any occupancy license. (9) Such other information as the administrative service shall require. The information may include, but is not limited to tenant lists which include tenant's name, unit, and identifying information (i.e., date of birth and driver s license number). (10) The owner must submit verification that the Crime Free/Drug Free and Disorderly Use language required by section SA.410 is contained in the licensed property tenant lease or leases. (D) Failure to complete, in full, the required license application shall be grounds for denial of the license. (E} Dwellings for hire where all units are occupied by the owner or persons who are the owner's child, stepchild, daughter-in-law, son-in- law, parent, stepparent, parent-in-law, grandchild, grandparent, brother, brother- in-law, sister, sister-in-law, aunt or uncle are eligible for a family exe~nptiou per the Property Maintenance Code Inspection Policy. § SA.403 APPLICAT[ON AND INSPECTION. When required in accordance with the City's "Property Maintenance Inspection Policy' the Property Maintenance Enforcement Officer shall cause an inspection to he 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 may be conspicuously displayed on the premises wherever feasible. The licensee shall promptly produce the license upon demand of a prospective tenant, can-ent tenant or the Property Maintenance Enforcement Officer or his authorized representative. § SA.406 OCCUPANCY LICENSE TRANSFER. The license is transferable upon application to the Property Maintenance Enforcement Officer and payment of the license transfer fee by the prospective owner if the licensed premises is in compliance with the code. The license shall terniinate if renewal or application for transfer is not made within 30 days after transfer of ownership of the premises. The amount of the transfer tee shall be set by Resolution of the Council. City Council Minutes Monday, November 26, 2007 Page 27 of 39 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 fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. SA.407 OCCUPANCY LICENSE RENEWAL. (A) All occupancy licenses shall be effective for a period of one year. However, renewal of licenses, as required annually by this code, may be made by: (1) Completing the renewal application furnished Co the owner, operator, or agent of the premises, by the Property Maintenance Enforcement Officer; (2) Mailing the renewai 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 may be 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 SUSPENS[ON 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 shalt 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 commercial activity or trade or occupation that is licensed; or the premises where the licensed activity is conducted; shall be a prima facie showing of cause for revocation, suspension, or other action restricting the privileges of a licensee as the Council may determine. (D) Nondisclosure, misrepresentation or misstatement of a material fact in any application for a license under this chapter shall be a prima facie showing of cause for revocation, suspension, or other such action restricting the privileges of a licensee as the Council may determine. (E) Any person or owner who has had an interest in two (2) or more licenses revoked pursuant to this code shall be ineligible to hold or have an interest in an occupancy license for a period of five (5) years. § SA.40) LICENSE FEES. License fees, license transfer tees, license reinstatement tees, inspection fees and reinspection fees shall be established by Council Resolution. § >A.410 CONDUCT ON LICENSED PREMISESiCRIME 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, shalt contain the following, or substantially comparable to, Crime Free/Drug Free and Disorderly Use language: (1 } Crime Freei Drug Free (a) Resident, any members of the resident's household or a guest or other person aftiliated 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 aftiliated 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 inunediate tern~ination of tenancy. (2) Disorderly Use (a} Resident, members of the resident's household, guests, or other persons under the resident's control shall not engage in the following Disorderly Use activities: violations of state law relating to alcoholic beverages, trespassing or disorderly conduct; and City Council Minutes Monday, November 26, 2007 Page 28 of 39 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 tern `°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, ar 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) (1) herein, the Police Department shall cause notice to be made to the owner and property manager of the violation. The owner or property manager shall notify the tenant or tenants within ten days of the notice of violation of the Crime Free/Drug Free lease language and proceed with tern~ination 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 detenninstion by the Police Deparnnent 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 Deparhnent 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 Deparnnent occurs within a continuous twelve month period involving the same tenancy, the Police Department shall cause notice to be made to the owner and property manager of the second violation. The owner or property manager shall respond in writing within ten (10) days of receipt of the notice with an action plan to prevent further Disorderly Use violations. (F) If a third Disorderly Use violation as determined by the Police Department occurs within a continuous twelve month period involving the same tenancy, the Police Department shall cause notice to be made to the owner and property manager of the third violation. The owner or property manager shall notify the tenant or tenants within ten days of the Notice of Disorderly Use violation of the Crime FreeiDrug Free lease language within the lease and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit located in the licensed property with an evicted tenant for a period of one year after the eviction. (G) The provisions of Subsections (c), (d), (e) and (f) herein do not apply if the determination that the premises have been used in violation of the Crime Free/Drug Free provisions of Subsections (A)(1) and (A)(2) herein originates from a call from or at the request of one or 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 teen "domestic abuse" has the meaning given in Minn. Slat. §518B.01, subd. 2. (H) If the licensee fails to comply with the requirements of this sectian, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City Council at the request of the Police Department in the manner described in SA.408. § SA.41 1 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 pur)~ose and use of said information is solely for assisting in the screening of potential tenants. ARTICLE 1~: RER4EDIES Section SA.501 Hazardous building declaration SA.502 Secure unlit and vacated dwellings SA.503 Demolition SA.504 Failure to comply SA.505 Remedies cumulative SA.506 Cost recovery ~~' SA.501 HAZARDOUS BUILDING DECLARATION. City Council Minutes Monday, November 26, 2007 Page 29 of 39 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 may be declared hazardous and treated in accordance with the provisions of Minnesota Statutes. (A) Unsafe strnrenu-es. 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, stnacturally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. (B) Unsufe equiprrrent. 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) Str lecture unfit for lau»ran 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 sd-uctrn-es. 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 ai 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) Placardireg. Upon failure of the owner or person responsible to comply with the notice provisions within Che time given, the code ofticial shall post on the premises or on detective 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 ofticial 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 ofticial shall be subject to the penalties provided by this code. (E) Prohibited occupancy. Any occupied structure condemned and placarded by the code ofticial shall be vacated as ordered by the code ofticial. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code. § SA.503 DEMOLITION. The demolition of hazardous structures shall be in accordance with Minnesota State Statute 463.00. § 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 moditied 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 deticiency to be remedied ss set forth in the compliance order. The cost of such remedy shall be a lien against the subject real estate and may be levied and collected as a special assessment in accordance with M.S. Chapter 429, as it may be 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 §4 SA.50t to SA.503, are in addition to the remedies or penalties prescribed under ~§ SA.601 to SA.602. § SA.506 COST RECOVERY (A) The Council hereby authorizes the assessment of unpaid fees, tines, charges or expenses authorized by the Property Maintenance Code pursuant to the provisions of the Columbia Heights City Charter. (B) The Clerk shall establish a separate improvement fund for the administration of Property Maintenance Code charges. The costs related to the Property Maintenance Code shall be certified annually by the Property Maintenance Enforcement Officer to the Clerk for billing, including a statemment 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 procedw-es. (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 I of each year, for Council action pursuant to the provisions of this chapter. City Council Minutes Monday, November 26, 2007 Page 30 of 39 .ARTICLE Vl: VIOLATIONS AND PENALTIES Section SA.601 Violations SA.602 Penalty § SA.b01 VIOLATIONS. (A) No person, tine, corporation, or licensee shall own and maintain or operate or rent to any other person for occupancy any premises, or any part of a premises, which is in violation of Chapter SA, Article II (~§ SA.201 et seq.), maintenance standard. (B} No person, fine or corporation shall operate a premises without a license issued pursuant to this chapter or accept payments from a tenant of any unlicensed premises which payment is for occupancy for a period during which the premises is not licensed pursuant to this chapter. (C) No person, tine, corporation or licensee shall refuse or fail to allow the Property Maintenance Enforcement Officer to enter a premises pursuant to an administrative search wan•ant for the purposes of inspection when authorized by this chapter. (D) No person, Linn, corporation or licensee shall fail or refuse to obey a compliance order validly issued under this code. (E) No person, ftnn or corporation shall give or submit false inforniation 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.20I etsey.), 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 pocked pursuant to § SA.304. (I) No person, tine or corporation, including an owner, licensee or occupant, shall remove or tamper with a placard used for posting property pursuant to this chapter. § SA.602 PENALTI'. 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. Resolutions RESOLUTION 2007-226 Resolution of the City Council for the City of Colwnbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Jose Alonso (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1401-1403 Parkview Lane N.E., Colwnbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 17, 2007 of an public hearing to be held on November 26, 2007. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on September 14, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted ten violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on October 17, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted ten violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on November 16, 2007 inspectors for the City of Columbia Heights performed a reinspection and noted that eight violations remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Shall clean out the gutter full of debris, shall remove the junk vehicle from the property, shall repair the broken wood fence, shall repair the torn shingles on the shed, shall remove the dirt pile in the back yard, shall repair the stucco around the egress window, shall repair the torn screens on the building, shall remove all/any outside storage from the property. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8208 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2007-227 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section SA.408(A) of that certain residential rental license held by Charlie Vanderlinden (Hereinafter "License Holder"). City Council Minutes Monday, November 26, 2007 Page 31 of 39 Whereas, license holder is the legal owner of the real property located at 961 37`h Avenue N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 8, 2007 of an public hearing to be held on November 26, 2007. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on October 1, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted three violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on November 8, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted three violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on November 15, 2007 inspectors for the City of Columbia Heights performed a reinspection and noted that two violations remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Shall remove the brush pile next to the garage, inside the fence; shall remove alUany scrub growth around the yard and the fence area. ~. That ail parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8714 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2007-229 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Peters Place Aparnnents (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 1000 Peters Place N.E., Colmnbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 8, 2007 of an public hearing to be held on November 26, 2007. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on October 3, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted ten violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on November 8, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted ten violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on November 14, 2007 inspectors for the City of Columbia Heights performed a reinspection and noted that ten violations remained uncoreected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Shal] repair the door on apartment #206, shall repair the broken windows on the building, shall repair the door closer on unit #301, shall replace the missing fire extinguisher, in the basement, south hall, shall repair the north basement Fire Door so that it closes and latches under its own power, shall repair the rear exit door so as to close and latch under its own power, shat] repair the white fence in the parking lot that is broken, shall repair the laundry tubs that are plugged, shall lock all lockers in laundry room or advise tenants to remove all storage from unlocked lockers, shall remove all scrub growth on the east and south sides next to the fence 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8435 is hereby revoked. 2. The City will. post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2007-230 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Stephen Peterson (Hereinafter "License Holder"). City Council Minutes Monday, November 26, 2007 Page 32 of 39 Whereas, license holder is the legal owner of the real property located at 1008-10 Gould Avenue N.E., Columbia Heights, Minnesota, Whereas, pursuant Co City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 25, 2007 of an public hearing to beheld on November 26, 2007. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on September 17, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted four violations. A compliance letter listing the violations was mailed by regular mail to The owner at the address listed on the Rental Housing License Application. 2. That on October 25, 2007, inspectors for the City of Columbia Heights, performed a final inspection at the property and noted four violations remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental hausing license application. 3. That on November 15, 2007 inspectors for the City of Colmnbia Heights performed a reinspection and noted that one violation remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Shall remove all/any outside storage from the property. ~. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Cade, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Haider described herein and identified by license number F8654 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2007-231 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Mario Gutien-ez (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 563 38`h Avenue N.E., Columbia Heights, Minnesota, Whereas, pursuant to Ciry Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on November 1, 2007 of an public hearing to beheld on November 26, 2007. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the fallowing: FINDINGS OF FACT 1. That on October 17, 2007, inspectors far the City of Columbia Heights, inspected the property described above and noted one violation. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on November 1, 2007, inspectors for the City of Columbia Heights, perforn~ed a final inspection at the property and noted one violation remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental hausing license application. 3. That on November 16, 2007 inspectors for the City of Columbia Heights performed a reinspection and noted that one violation remained uncorrected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Shall remove all/any outside storage from the property. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Cade, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder dese~ibed herein and identified by license mm~ber F8686 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2007-232 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain residential rental license held by Eric Russell (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property heated at 3806 Jackson Street N.E. Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article 1V, Section SA.408(B), written natice setting Earth the causes and reasons for the proposed Council City Council Minutes Monday, November 26, 2007 Page 33 of 39 action contained herein was given to the License Holder on October 1 I, 2007 of an public hearing to be held on November 26, 2007. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Colwnbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on December 29, 2005 inspectors for the City of Columbia Heights inspected the property described above and noted one violation. A compliance letter listing the violations was mailed by regular mail to The owner at the address listed on the Rental Housing License Application. 2. That on December 29, 2005 the Fire Department gave the owner a seasonal extension to complete the correction. 3. That on June 6, 2006 inspectors for the City of Columbia Heights performed an inspection at the property and noted that one violation remained uncorrected. 4. Six more extension were granted to the owner for additional time to complete the cor•ections at the property. 5. That on October 11, 2007 inspectors for the City of Columbia Heights performed a final inspection at the property and noted one violation remained uncorrected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 6. That on November 16, 2007 inspectors for the City of Columbia Heights performed a reinspection and noted that one violation remained uncorrected. 7. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: Shall provide a minimum 9 ft. x 20 ft. hard surface (asphalt or concrete) parking area. 8. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL l . The rental license belonging to the License Holder described herein and identified by license number F8815 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2007-233 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter SA, Article IV, Section SA.408(A) of that certain. residential rental license held by Tawni Traynor (Hereinafter "License Holder"). Whereas, license holder is the legal owner of the real property located at 4639-41 Washington Street N.E., Columbia Heights, Minnesota, Whereas, pursuant to City Code, Chapter SA, Article IV, Section SA.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on October 29, 2007 of an public hearing to be held on November 26, 2007. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on September 25, 2007, inspectors for the City of Columbia Heights, inspected the property described above and noted. three violations. A compliance letter listing the violations was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on October 29, 2007, inspectors for the City of Columbia Heights, pertonned a final inspection at the property and noted three violations remained uncon-ected. A statement of cause was mailed via regular mail to the owner at the address listed on the rental housing license application. 3. That on November 15, 2007 inspectors for the City of Columbia Heights performed a reinspection and noted that three violations remained wiconected. 4. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: 4641 -Shall repair the clogged kitchen sink, 4641 -Shall dry out and clean all/any carpet that is wet, shall remove all%any outside storage from the property. 5. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter SA, Article III SA.306 and SA.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F8607 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder. 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. RESOLUTION 2007-235 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article i1, of City Code, of the property owned by James J. Dalkaf (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real properly located at 5045 Johnson Street N.E. Columbia Heights, Minnesota. City Council Minutes Monday, November 26, 2007 Page 34 of 39 And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on October ! 0, 2007 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on September 4, 2007 an inspection was conducted on the property Listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 10, 2007 inspectors re-inspected the property listed above. Inspectors noted that three violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on November I5, 2007 inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove all brush piles from the yard. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(8). CONCLUSIONS OF COUNCIL 1. That the property located at 5045 Johnson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 5045 Johnson Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2007-237 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of Ciry Code, of the property owned by Nicholas Dawydenko (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4043 Jefferson Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on October 8, 2007 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on September 25, 2007 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via. regular mail to the owner at the address. 2. That on October 8, 2007 inspectors re-inspected the property listed above. Inspectors noted Chat one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on November I5, 2007 inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove all(any outside storage from the property. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206{B}. CONCLUSIONS OF COUNCIL 1. That the property located at 4043 Jefferson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4043 Jefferson Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2007-238 Resolution of the City Council for the City of Colwnbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article I1, of City Code, of the property owned by Beatriz Martinez-Escobar (Hereinafter "Owner of Record"). Whereas, the owner of record is the: legal owner ofthe real property located at 4919-21 Jackson Street N.E. Columbia Heights, Minnesota. City Council Minutes Monday, November 26, 2007 Page 35 of 39 And whereas, pursuant to Columbia Heights Code, Chapter 8, Article I1, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on October 1 1, 2007 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the Ciry of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on August 30, 2007 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 11, 2007 inspectors re-inspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on November 16, 2007 inspectors reinspected the property and found that two violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s} were found to exist, to wit: Shall repair the tire damaged stucco on the house, shall repair the fire damaged soffit and fascia, shall remove all/any outside storage from the property. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4919-21 Jackson Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4919-21 Jackson Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2007-239 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Maria Valdez (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 941 45`h Avenue N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on October 18, 2007 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on September 18, 2007 an inspection was conducted on the property listed above. Inspectors found five violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 18, 2007 inspectors re-inspected the property listed above. Inspectors noted that five violations remained uncorrected. A compliance order and statement of cause was mailed via certified and regular mail to the owner listed in the property records. 3. That on November 14, 2007 inspectors reinspected the property and found that five violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall repair or replace the deteriorated overhead and service doors on the garage, shall remove all areas of scrub growth, shall install address numbers in the following location(s): ON THE GARAGE TO BE VISIBLE FROM THE ALLEY, shall remove all/any outside storage from the property., shall remove the dead tree (tree stump) iu the yard. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this healing according to the provisions of the City Code Section 8?06(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 94l 45`h Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 941 4~`h Avenue N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2007-240 Resolution of the Ciry Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article I1, of City Code, of Che property owned by Patricia J. Porter (Hereinafter "Owner of Record"). City Council Minutes Monday, November 26, 2007 Page 36 of 39 Whereas, the owner of record is the legal owner of the real property located at 4618 Filhnore Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article lI, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on November 5, 2007 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT I. That on October 22, 2007 an inspection was conducted on the property listed above. Inspectors found one violation. A campliance order was sent via regular mail to the owner at the address. 2. That on November 5, 2007 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on November 16, 2007 inspectors reinspected the property and found that ane violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall remove all/any outside storage from the property 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A} and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4618 Filhnore Street N.E. is in violation of the provisions of the Coiwnbia Heights City Code as set forth in the Native of AbatemenC. 2. That all relevant parties and parties in interest have been duly served native of this hearing, and any other hearings relevant to the abatement of violations on the property fisted above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or Cenant, as the case may be, have expired, ar such rights have been exercised and completed. ORDER OF COUNCIL I . The property located at 4618 Fillmore Street N.E. canstitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2007-241 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Tim Proue (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4631-33 Pierce Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8?06, written notice setting forth the causes and reasons tar the proposed council action contained herein was sent via certified mail to the awner of recard on October 17, 2007 Now, therefare, in accordance with the foregoing, and all ordinances and regulatians of the City of Calumbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on September 14, 2007 an inspection was conducted on the property listed above. Inspectors found eight violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 18, 2007 inspectors re-inspected the property listed above. Inspectors Hated that eight violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on November 16, 2007 inspectors reinspected the property and found that eight violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall replace the front stone daor (4631 }, shall repair or replace the damaged front stone door, shall secure/close the 2nd floor front window that has a blanket hanging out the 2nd floor window, shall sod or seed bare areas on the north side, shall remove the scrub growth around the house that is six feet high, shall make repairs to the cracks in the retaining wall in the back, shalt remove the scrub growth from along the garage, shall remove all/any outside storage from the property. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4631.-33 Pierce Street N.E. is in violation of the provisions of the Columbia Heights City Code as set Earth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4631-33 Pierce Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. City Council Minutes Monday, November 26, 2007 Page 37 of 39 RESOLUTION 2007-242 Resolution of the City Council for the City of Colwnbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Gregory Stull (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner ofthe real property located at 3853 3"~ Street N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on October 29, 2007. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights Makes the following: FINDINGS OF FACT 1. That on October 22, 2007 the Fire Department was on the scene of the city's abatement at the old Root Equipment property located at 3930 University Avenue N.E. In the course of investigating the south end of the Root Equipment property it was noted that the property located at 3853 3`d Street N.E. had a large number of windows broken out of it and had open doors. The property has been known to be vacant. 2. That on October 22, 2007 the Fire Department sent compliance orders to the registered owners of the property ordering that they secure the openings on the property to prevent unauthorized entry. 3. That on October 26, 2007 the Fire Department noted that house was still open and now had been stripped. of all copper piping and wiring inside. The owner of the property was contacted by the Fire Chief and authorized the City of Columbia Heights Public Works Department to perform an immediate abatement on the structure to shut the water service off prior to the structure being boarded up. 4. That on October 29, 2007 the City of Columbia Heights Public Works Department Department shut the water to the house off. 5. That based upon said records of the Fire Department, the followin~ conditions and violations of City Codes(s) were found to exist and have been abated, to wit: Approve the immediate abatement at 3853 3` Street N.E. The Public Works Department shut off water service to the property. 6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 3853 3"~ Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 3853 3`d Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2007-244 Resolution of the City Council for the City of Colwnbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, oi'City Code, of the property owned by Luis Pliego (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4936 7`h Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8?06, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via. certified mail to the owner of record on October 11, 2007 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Colwnbia Heights makes the following: FINDINGS OF FACT 1. That on September 4, 2007 an inspection was conducted on the property listed above. Inspectors found two violations. A compliance order was sent via regular mail to the owner at the address. 2. That on October 11, 2007 inspectors re-inspected the property listed above. Inspectors noted that two violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to Che owner listed in the property records. 3. That on November 15, 2007 inspectors reinspected the property and found that two violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove all scrub growth from along the foundation of garage and alley, shall remove the appliance fiom along the alley. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4936 7`h Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such City Council Minutes Monday, November 26, 2007 Page 38 of 39 rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4936 T" Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2007-245 Resolution of the City Council for the City of Colmnbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article tI, of City Code, of the property owned by Renee Wiggins (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 4232 5`" Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on October 29, 2007 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on October 15, 2007 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on October 29, 2007 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on November 16, 2007 inspectors reinspected the property and found that one violation remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove all/any outside storage from the property. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLllS10NS OF COUNCIL 1. That the property located at 4232 ~`" Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 4232 5`" Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2007-246 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Luis V. Chiqui (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at 41 10 6`" Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article Il, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certified mail to the owner of record on November 8, 2007 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Colwnbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on September 18, 2007 an inspection was conducted on the property listed above. Inspectors found three violations. A compliance order was sent via regular mail to the owner at the address. 2. That on November 8, 2007 inspectors re-inspected the property listed above. Inspectors noted that three violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on November 14, 2007 inspectors reinspected the property and found that one violation remained unconrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall sod, seed, or landscape area on south side of driveway. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 41 10 6`" Street N.E, is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such City Council Minutes Monday, November 26, 2007 Page 39 of 39 rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 41 10 6`~ Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2007-247 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by James Onstad (Hereinafter "Owner of Record"). Whereas, the owner of record is the legal owner of the real property located at S l 18 4`h Street N.E. Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via certitied mail to the owner of record on October I I, 2007 Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on September 24, 2007 an inspection was conducted on the property listed above. Inspectors found one violation. A compliance order was sent via regular mail to the owner at the address. 2. That on October 11, 2007 inspectors re-inspected the property listed above. Inspectors noted that one violation remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on November 15, 2007 inspectors reinspected the properly and found that one violation remained uncorrected. 4. That based upon said records of the Fire Deparnnent, the following conditions and violations of City Codes(s) were found to exist, to wit: Shall remove all/any outside storage from the property. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 5118 4`h Street N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The property located at 51 18 4`h Street N.E. constitutes a nuisance pursuant to City Code. 2. That a copy of this order shall be served upon all relevant parties and parties in interest.