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HomeMy WebLinkAboutOrdinance No. 1592 ORDINANCE NO. 1592 EING AN ORDINANCE PERTAINING TO PROPERTY MAINTENANCE The City of Columbia Heights does ordain: Chapter 5A, Article II, Section 5 (5A.205) which currently reads as follows: § 5A.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 be placed in accordance with Chapter 8, Article III of the city code. (C) Rubbish, garbage, recycling, and composting. Rubbish, garbage, recycling, yard waste, and composting shall be regulated in accordance with Chapter 8, Article III of the city code, which is incorporated herein by reference. Exposure of unused refrigerators or containers to children shall meet the requirements of M.S. § 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 or more units shall be screened from all public roads and adjacent residential uses of property. Screening shall consist of any combination of earth mounds, walls, fences, shrubs, compact evergreen trees, or dense deciduous hedge six feet in height. Hedge materials must be at least three feet in height, and trees must be at least six 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 division, density and species of planting shall be such to achieve 75% opacity year- round. Is herewith amended to read as follows: § 5A.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 be placed in accordance with Chapter 4, Article VII and Chapter 8, Article III of the city code. (C) Rubbish, garbage, recycling, and composting. Rubbish, garbage, recycling, yard waste, and composting shall be regulated in accordance with Chapter 4, Article VII and Chapter 8, Article III of the city code, which is incorporated herein by reference. Exposure of unused refrigerators or containers to children shall meet the requirements of M.S. § 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. Screening shall conform to § 9.106(C)(5) of city code, which is incorporated herein by reference. The City of Columbia Heights does ordain: Chapter 5A, Article IV, Section 2 (5A.402) which currently reads as follows: § 5A.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 30 days shall apply to the Property Maintenance Enforcement Officer for an occupancy license in the manner hereafter prescribed. (B) Application shall be made on forms provided by the city and accompanied by the initial fee in an amount set by resolution of the City Council. The owner of a premises constructed after the date of passage of this chapter shall obtain a license prior to actual occupancy of the premises. (C) Applicants shall provide requested information on license applications which may include, but is not limited to: (1) Name and address of owner of the premises. The owner must identify a designated property manager responsible for operation and maintenance of each licensed property. The owner may be the designated property manager. (2) If the property is owned by a corporation, the name and address of a corporate officer is required. The property address or a P.O. box cannot be used to fulfill this requirement. (3) The name and address of the vendee if the property is being sold in a contract for deed. (4) The address of the property to be licensed. (5) In residential property the number of dwelling units, and the number of bedrooms in each dwelling unit. In nonresidential property the square footage of the building (if wholly used by one occupant), or the square footage of the individual tenant spaces. (6) The number of paved off - street parking spaces available. (7) Name and address of person to whom owner /applicant wishes a letters /notices to be sent for purposes of § 5A.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 (such as 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 § 5A.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 exemption per the Property Maintenance Code Inspection Policy. Is herewith amended to read as follows: § 5A.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 30 days shall apply to the Property Maintenance Enforcement Officer for an occupancy license in the manner hereafter prescribed. (B) Application shall be made on forms provided by the city and accompanied by the initial fee in an amount set by resolution of the City Council. The owner of a premises constructed after the date of passage of this chapter shall obtain a license prior to actual occupancy of the premises. (C) Applicants shall provide requested information on license applications which may include, but is not limited to: (1) Name and address of owner of the premises. The owner must identify a designated property manager responsible for operation and maintenance of each licensed property. The owner may be the designated property manager. (2) If the property is owned by a corporation, the name and address of a corporate officer and a copy of the most recent Articles of Incorporation is required. The property address or a P.O. box cannot be used to fulfill this requirement. (3) The name and address of the vendee if the property is being sold in a contract for deed. (4) The address of the property to be licensed. (5) In residential property the number of dwelling units, and the number of bedrooms in each dwelling unit. In nonresidential property the square footage of the building (if wholly used by one occupant), or the square footage of the individual tenant spaces. (6) The number of paved off - street parking spaces available. (7) Name and address of person to whom owner /applicant wishes a letters /notices to be sent for purposes of § 5A.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 (such as 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 § 5A.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 exemption per the Property Maintenance Code Inspection Policy. The City of Columbia Heights does ordain: Chapter 5A, Article IV, Section 10 (5A.410) which currently reads as follows: § 5A.410 CONDUCT ON LICENSED PREMISES /CRIME FREE /DRUG FREE AND DISORDERLY USE LEASE REQUIREMENTS. (A) All residential tenant leases, except for state licensed residential facilities and subject to all preemptory state and federal laws, shall contain the following, or substantially comparable to, crime free /drug free and disorderly use language: (1) Crime free /drug, f ree. (a) Resident, any members of the resident's household or a guest or other person affiliated with resident shall not engage in criminal activity, including drug- related criminal activity, on or near the premises. (b) Resident, any member of the resident's household or a guest or other person affiliated with resident shall not engage in any act intended to facilitate criminal activity, including drug - related criminal activity, on or near the premises. (c) Resident or members of the household will not permit the dwelling unit to be used for, or to facilitate criminal activity, including drug - related criminal activity, regardless of whether the individual engaging in such activity is a member of the household, or a guest. (d) Resident, any member of the resident's household or a guest, or other person affiliated with the resident shall not engage in the unlawful manufacturing, selling, using, storing, keeping, or giving of a controlled substance at any locations, whether on or near the premises or otherwise. (e) Violation of any one of the above provisions shall be a material and irreparable violation of the lease and good cause for immediate termination of tenancy. (2) Disorderly use. (a) Resident, members of the resident's household, guests, or other persons under the resident's control shall not engage in the following disorderly use activities: violations of state law relating to alcoholic beverages, trespassing or disorderly conduct, and violations of the city code relating to prohibited noise. (b) Three disorderly use violations involving the same tenancy within a continuous 12 -month period shall be a substantial and material violation of the lease and good cause for termination of the tenancy. (3) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CRIMINAL ACTIVITY. Prostitution, gambling, maintaining or conducting a disorderly house, unlawful possession, transportation, sale or use of a weapon, domestic assault, delinquency of a minor, criminal street gang activity, threatening, intimidating or assaultive behavior, the unlawful discharge of firearms, or any other criminal activity on or near the premises that jeopardizes the health, safety and welfare of the landlord, his agent, other resident, neighbor or other third party, or involving imminent or actual serious property damage. DRUG RELATED CRIMINAL ACTIVITY. 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 § 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 subdivision (A)(1) herein, the Police Department shall cause notice to be made to the owner and property manager of the violation. The owner or property manager shall notify the tenant or tenants within ten days of the notice of violation of the crime free /drug free lease language and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit located in the licensed property with an evicted tenant for a period of one year after the eviction. (D) Upon determination by the Police Department that a licensed premises or unit within a licensed premises was used for disorderly use activities as set forth in subdivision (A)(2) herein, the Police Department shall cause notice to be made to the owner and property manager of the violation and direct the owner and property manager to take steps to prevent further disorderly use violations. (E) If a second disorderly use violation as determined by the Police Department occurs within a continuous 12 -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 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 12 -month period involving the same tenancy, the Police Department shall cause notice to be made to the owner and property manager of the third violation. The owner or property manager shall notify the tenant or tenants within ten days of the notice of disorderly use violation of the crime free /drug free lease language within the lease and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit located in the licensed property with an evicted tenant for a period of one year after the eviction. (G) The provisions of divisions (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 subdivisions (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 term DOMESTIC ABUSE has the meaning given in M.S. § 518B.01, subd. 2. (H) If the licensee fails to comply with the requirements of this section, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City Council at the request of the Police Department in the manner described in § 5A.408. Is herewith amended to read as follows: § 5A.410 CONDUCT ON LICENSED PREMISES /CRIME FREE /DRUG FREE AND DISORDERLY USE LEASE REQUIREMENTS. (A) All residential tenant leases, except for state licensed residential facilities and subject to all preemptory state and federal laws, shall contain the following, or substantially comparable to, crime free /drug free and disorderly use language: (1) Crime free /drug free. (a) Resident, any members of the resident's household or a guest or other person affiliated with resident shall not engage in criminal activity, including drug - related criminal activity, on or near the premises. (b) Resident, any member of the resident's household or a guest or other person affiliated with resident shall not engage in any act intended to facilitate criminal activity, including drug - related criminal activity, on or near the premises. (c) Resident or members of the household will not permit the dwelling unit to be used for, or to facilitate criminal activity, including drug - related criminal activity, regardless of whether the individual engaging in such activity is a member of the household, or a guest. (d) Resident, any member of the resident's household or a guest, or other person affiliated with the resident shall not engage in the unlawful manufacturing, selling, using, storing, keeping, or giving of a controlled substance at any locations, whether on or near the premises or otherwise. (e) Violation of any one of the above provisions shall be a material and irreparable violation of the lease and good cause for immediate termination of tenancy. (2) Disorderly use. (a) Resident, members of the resident's household, guests, or other persons under the resident's control shall not engage in the following disorderly use activities: violations of state law relating to alcoholic beverages, trespassing or disorderly conduct, and violations of the city code relating to prohibited noise. (b) Three disorderly use violations involving the same tenancy within a continuous 12 -month period shall be a substantial and material violation of the lease and good cause for termination of the tenancy. (3) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CRIMINAL ACTIVITY. Prostitution, gambling, maintaining or conducting a disorderly house, unlawful possession, transportation, sale or use of a weapon, domestic assault, delinquency of a minor, criminal street gang activity, threatening, intimidating or assaultive behavior, the unlawful discharge of firearms, or any other criminal activity on or near the premises that jeopardizes the health, safety and welfare of the landlord, his agent, other resident, neighbor or other third party, or involving imminent or actual serious property damage. DRUG RELATED CRIMINAL ACTIVITY. 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 § 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 subdivision (A)(1) herein, the Police Department shall cause notice to be made to the owner and property manager of the violation. The owner or property manager shall notify the tenant or tenants within ten days of the notice of violation of the crime free /drug free lease language and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit located in any licensed property within the City of Columbia Heights with an evicted tenant for a period of one year after the eviction. (D) Upon determination by the Police Department that a licensed premises or unit within a licensed premises was used for disorderly use activities as set forth in subdivision (A)(2) herein, the Police Department shall cause notice to be made to the owner and property manager of the violation and direct the owner and property manager to take steps to prevent further disorderly use violations. (E) If a second disorderly use violation as determined by the Police Department occurs within a continuous 12 -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 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 12 -month period involving the same tenancy, the Police Department shall cause notice to be made to the owner and property manager of the third violation. The owner or property manager shall notify the tenant or tenants within ten days of the notice of disorderly use violation of the crime free /drug free lease language within the lease and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit located in any licensed property with an evicted tenant within the City of Columbia Heights for a period of one year after the eviction. (G) The provisions of divisions (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 subdivisions (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 term DOMESTIC ABUSE has the meaning given in M.S. § 518B.01, subd. 2. (H) If the licensee fails to comply with the requirements of this section, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City Council at the request of the Police Department in the manner described in § 5A.408. The City of Columbia Heights does ordain: Chapter 5A, Article IV, Section 11 (5A.411) which currently reads as follows: § 5A.411 BACKGROUND CHECKS. For the protection of local residents, property owners, tenants, and the overall public safety of the community, the Police Department is hereby authorized to conduct Minnesota criminal history checks for the purpose of screening potential tenants of real property, subject to the following conditions: (A) A request is made by the property owner /landlord in writing; (B) A signed consent form from the subject of the check is received by the Police Department; (C) Authorization is received from the subject of the check to release said information to the property owner /landlord; (D) The purpose and use of said information is solely for assisting in the screening of potential tenants. Is herewith amended to read as follows: § 5A.411 BACKGROUND CHECKS. Criminal Background Check Required. The city of Columbia Heights is interested in Rental Property Owners being well informed about a prospective renter's past criminal history, regardless of whether or not the owner decides to enter into a lease with the prospective tenant. Therefore, the licensee shall conduct criminal background checks on all prospective tenants. The criminal background check must include the following: a) A statewide (Minnesota) criminal history check of all prospective tenants covering at least the last seven years. The checks must be done by utilizing the most recent update of the Minnesota Bureau of Criminal Apprehension's criminal history files; b) A statewide criminal history check from the prospective tenant's previous state of residence shall be conducted if the tenant is moving directly from the previous state; c) A criminal history check of any prospective tenant in their previous states of residence shall be conducted covering the last seven years if they have not resided in Minnesota for three years or longer; d) A statewide (Minnesota) court history check of all prospective tenants covering at least the last seven years. This check, which includes Unlawful Detainer actions, can be done utilizing the most recent update of the Minnesota Judicial Branch Trial Court Public Access database. Any company that the licensee contracts with to conduct criminal history checks must meet the same standards established above. Documentation of the criminal background checks must be kept on file by the property owner for the length of the tenant's lease. The lessee must display documentation of the background check upon request by the police department, If the licensee fails to comply with the requirements of this section, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City Council at the request of the Police Department in the manner described in city code section 5A.408. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: April 25, 2011 Second Reading: May 9, 2011 Date of Passage: May 9, 2011 Offered by: Diehm Seconded by: Williams Roll Call: Ayes: Peterson, Williams, Nawrocki, Diehm, Schmitt r Il'r Mayor Gar Peterson Attest: Or? : atricia Muscovitz, MC, City Clerk