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ORDINANCE NO. 1695
BEING AN ORDINANCE AMENDING CHAPTER 5A OF THE COLUMBIA HEIGHTS CITY CODE TO ESTABLISH
THE CERTIFICATE OF PROPERTY MAINTENANCE AND ITS ASSOCIATED REQUIREMENTS, AND ALSO
AMENDING PARALLEL REFERENCES TO REFLECT THE SECTION CHANGES
The City of Columbia Heights does ordain:
Section 1
§ 5A of the Columbia Heights City Code is hereby amended to read as follows, to wit:
§ 5A.101 STATEMENT OF PURPOSE.
(A) These regulations shall be known as the Property Maintenance Code of The City of Columbia Heights
hereinafter referred to as "this code".
(B) The provisions of this code shall apply to all existing residential and nonresidential structures and
all existing premises and constitute minimum requirements and standards for premises, structures,
equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements,
life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility
of owners, operators and occupants; the occupancy of existing structures and premises, and for
administration, enforcement and penalties.
(C) This code shall be construed to secure its expressed intent, which is to protect the character and
stability of all premises within the city; to correct and prevent conditions that adversely affect or are likely
to adversely affect the life, safety, general welfare, and health; to provide minimum standards for the
maintenance of existing property and to thus prevent substandard property and blight; and to preserve
the value of land and buildings throughout the city. Existing structures and premises that do not comply
with these provisions shall be altered or repaired to provide a minimum level of health and safety as
required herein.
(D) If a section, division, sentence, clause or phrase of this code is, for any reason, held to be
unconstitutional, such decision shall not affect the validity of the remaining portions of this code.
(E) With respect to disputes between property owners (owners) and tenants, and except as otherwise
specifically provided by terms of this code, the City Council (Council) will not intrude upon the accepted
contractual relationships between owners and tenants. The Council will not intervene as an advocate of
either party, nor will it act as an arbiter, nor will it be receptive to complaints from owners or tenants,
which are not specifically and clearly relevant to the provisions of this code. In the absence of such
relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal
sanctions as are available to 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.
(F) Section 5A.5 establishes the requirement of obtaining a Certificate of Property Maintenance. The
purpose of this section is to establish, in city code, the legal underpinnings for the City’s Time of Sale
Inspection Program.
(Ord. 1532, passed 11-26-07)
§ 5A.501 CERTIFICATE OF PROPERTY MAINTENANCE REQUIRED.
(A) Sale of property.
(1) No person shall sell, purchase, give, transfer, convey by contract for deed or other transaction
changing the party responsible for the property or transact a change in title or property ownership of any
class of residential property with one or more buildings or structures without first obtaining a certificate
of property maintenance from the city. Transfers of ownership from one family member to another,
foreclosures, and the sale of bank owned properties are not exempt from the requirement of obtaining a
certificate of property maintenance. This chapter also applies to the sale of a Dwelling or Dwelling Unit by
a personal representative or guardian appointed by a probate court or a sale ordered by a probate court.
(2) If a property changes ownership without a certificate of property maintenance or temporary
certificate of property maintenance having been issued by the city, the new owner(s) shall be responsible
for doing so upon acquisition of the property. The new owner(s) shall be responsible for promptly
obtaining a certificate of property maintenance from the city.
(B) Exceptions.
The provisions in section A do not apply to:
(1) Any newly constructed Dwelling or Dwelling Unit when title is transferred to the first owner.
(2) The sale or conveyance or other transfer of title or control of any Dwelling or Dwelling Unit to a
public body.
(3) The sale or conveyance of any Dwelling or Dwelling Unit by a sheriff, constable, marshal, trustee
in bankruptcy, or other public or court officer in the performance of their official duties.
(4) The sale or transfer of title of any Dwelling or Dwelling Unit for the purpose of demolition,
provided such demolition actually occurs within three hundred sixty-five (365) days of the close of the
qualifying sale.
(5) Properties owned or sold by the Department of Housing and Urban Development.
(6) The sale of multifamily properties with (4) or more dwelling units on the parcel.
(C) Application.
(1) Required. The owner or owner's representative is required to make application for a certificate
of property maintenance before any class of residential property is offered for sale or purchase, gifted,
transferred, conveyed by contract for deed or other transaction changing the party responsible for the
property or transacting a change in title or property ownership of the property.
(2) Fee. At the time of application, the applicant for a certificate of property maintenance must pay
the property maintenance inspection fee appropriate for the type of building the request is for as set forth
in the city's fee schedule.
(D) Inspection.
(1) Application. The applicant for a certificate of property maintenance is responsible for requesting
an inspection of the property after making application and payment of fees. An inspection shall be made
by the city to determine whether the property use is legal in accordance with city zoning requirements
and whether the property complies with all applicable building, fire, health, and property maintenance
codes. The entire property and all buildings on the property shall be made available for inspection.
(2) Sewer line Inspection. The applicant is responsible for engaging a qualified contractor to inspect
and televise the property's sewer line, extending from the house to the sewer main. This inspection aims
to identify and document any issues or threats to the integrity of the sewer line.
The contracted inspection must be thorough and cover the entire length of the sewer line. The contractor
is required to submit a written verification of the inspection results to both the city and the applicant
within one week of completing the inspection.
The inspection report must address, at a minimum, the following aspects:
Structural Integrity: Assess the overall structural condition of the sewer line.
Obstructions: Identify and report any blockages, root intrusions, or other impediments.
Leakage: Detect and document any signs of leakage or seepage.
Connection Points: Inspect and verify the integrity of the sewer line at key connection points,
such as junctions and cleanouts.
Compliance: Confirm compliance with relevant codes and regulations.
(E) Compliance; expiration.
(1) When the property use is legal in accordance with city zoning requirements and the property
complies with all applicable building, fire, health and property maintenance codes, a certificate of
property maintenance will be issued by the city.
(2) A certificate of property maintenance remains valid and may be used for the transfer of property
for a period of one year from the date of the certificate's issuance. The certificate of property maintenance
may only be used for property transfer by the owner named on the certificate of property maintenance
or the owner's legal representative.
(F) Temporary certificate of property maintenance. A temporary certificate of property maintenance
may be issued by the city permitting the transfer of property, providing:
(1) No unsafe or hazardous conditions exist on such property.
(2) An agreement by the buyer, seller or other responsible person has been executed with the city,
whereby the buyer, seller or other responsible person agrees to complete corrections to the property.
(3) A financial guarantee in the form of a cash escrow to ensure completion of any corrections to the
property is posted with an attorney or title company. The cash escrow shall be in an amount at least equal
to the retail value of the work as determined by the city to be necessary for compliance with this section
and no less than $500.00. Escrows in excess of $10,000.00 may be reduced and partially released one time
per property based on the amount of work completed as determined by a city inspector. Escrows in excess
of $50,000.00 may be reduced and partially released up to two times per property based on the amount
of work completed as determined by a city inspector. The applicant shall be responsible for additional
inspection fees.
(G) Violations. All violations of this section must be corrected in a timely manner as determined by the
city.
§ 5A.501601 HAZARDOUS BUILDING DECLARATION.
In the event that a premises has been declared unfit for human habitation and the owner/tenant has
not remedied the effects within a prescribed reasonable time, the premises may be declared hazardous
and treated in accordance with the provisions of Minnesota Statutes.
(A) Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health,
property or safety of the public or the occupants of the structure by not providing minimum safeguards
to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment
or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable
foundation, that partial or complete collapse is possible.
(B) Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving
stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or
within the structure which is in such disrepair or condition that such equipment is a hazard to life,
health, property or safety of the public or occupants of the premises or structure.
(C) Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the Code
Official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in
disrepair or lacks maintenance, is unsanitary, contains a large accumulation of storage or debris which
causes a dangerous increase to the fire load and prevents the normal use of equipment within the
structure, vermin infested, contains filth and contamination, or lacks ventilation, illumination, sanitary
or heating facilities or other essential equipment required by this code, or because the location of the
structure constitutes a hazard to the occupants of the structure or to the public.
(D) Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more
persons than permitted under this code, or was erected, altered or occupied contrary to city code.
(Ord. 1532, passed 11-26-07)
§ 5A.502602 SECURE UNFIT AND VACATED STRUCTURES.
(A) Closing of vacant structures. If the structure is vacant and unfit for human habitation and
occupancy, and is not in danger of structural collapse, the Code Official is authorized to post a placard of
condemnation on the premises and notify the owner, to order the structure closed up so as not to
constitute a public nuisance. Upon failure of the owner to close up the premises within the time
specified in the order, the Code Official shall cause the premises to be closed and secured through any
available public agency or by contract or arrangement by private persons. Cost to close and secure
structures shall be charged against the real estate upon which the structure is located and shall be a lien
upon such real estate.
(B) Notice. Whenever the Code Official has condemned a structure or equipment under the
provisions of this section, notice shall be posted in a conspicuous place in or about the structure
affected by such notice and served on the owner or the person or persons responsible for the structure
or equipment.
(C) Placarding. Upon failure of the owner or person responsible to comply with the notice provisions
within the time given, the Code Official shall post on the premises or on defective equipment a placard
condemning the structure or equipment and a statement of the penalties provided for occupying the
premises, operating the equipment or removing the placard.
(D) Placard removal. The Code Official shall remove the condemnation placard whenever the defect
or defects upon which the condemnation and placarding action were based have been eliminated. Any
person who defaces or removes a condemnation placard without the approval of the Code Official shall
be subject to the penalties provided by this code.
(E) Prohibited occupancy. Any occupied structure condemned and placarded by the Code Official shall
be vacated as ordered by the Code Official. Any person who shall occupy a placarded premises or shall
operate placarded equipment, and any owner or any person responsible for the premises who shall let
anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties
provided by this code.
(Ord. 1532, passed 11-26-07) Penalty, see § 5A.602702
§ 5A.503603 DEMOLITION.
The demolition of hazardous structures shall be in accordance with M.S. § 463.00.
(Ord. 1532, passed 11-26-07)
§ 5A.504604 FAILURE TO COMPLY.
Upon failure to comply with a compliance order within the time set therein, and no appeal having
been taken, or upon failure to comply with a modified compliance order within the time set therein, the
criminal penalty established hereunder notwithstanding, the City Council, after due notice to the owner,
may by resolution declare the condition to constitute a public nuisance and cause the cited deficiency to
be remedied as set forth in the compliance order. The cost of such remedy shall be a lien against the
subject real estate and 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.
(Ord. 1532, passed 11-26-07)
§ 5A.505605 REMEDIES CUMULATIVE.
Any remedies pursued under §§ 5A.501601 to 5A.503603, are in addition to the remedies or penalties
prescribed under §§ 5A.601701 to 5A.602702.
(Ord. 1532, passed 11-26-07)
§ 5A.506606 COST RECOVERY.
(A) The Council hereby authorizes the assessment of unpaid fees, fines, charges or expenses
authorized by the Property Maintenance Code pursuant to the provisions of the Columbia Heights City
Charter.
(B) The Treasurer shall establish an improvement fund for the administration of Residential
Maintenance Code charges. The costs related to the Residential Maintenance Code shall be certified
annually by the Housing Enforcement Officer to the Treasurer for billing, including a statement
describing the land, lots, or parcels involved and the amount chargeable to each.
(C) On or before October 1 of each year, or as required by statute, the Treasurer shall bill each
property owner of each affected lot or parcel for their portion of the charges authorized hereunder plus
the reasonable cost of administering the billings and collection procedures.
(D) The Treasurer shall list the total unpaid charges against each separate lot or parcel to which such
charges are attributable on or before November 1 of each year, or as required by statute, for Council
action pursuant to the provisions of this chapter.
(Ord. 1532, passed 11-26-07; Am. Ord. 1535, passed 9-8-08)
§ 5A.601701 VIOLATIONS.
(A) No person, firm, corporation, or licensee shall own and maintain or operate or rent to any other
person for occupancy any premises, or any part of a premises, which is in violation of Chapter 5A, Article
II (§§ 5A.201 et seq.), maintenance standard.
(B) No person, firm or corporation shall operate a premises without a license issued pursuant to this
chapter or accept payments from a tenant of any unlicensed premises which payment is for occupancy
for a period during which the premises is not licensed pursuant to this chapter.
(C) No person, firm, corporation or licensee shall refuse or fail to allow the Property Maintenance
Enforcement Officer to enter a premises pursuant to an administrative search warrant for the purposes
of inspection when authorized by this chapter.
(D) No person, firm, corporation or licensee shall fail or refuse to obey a compliance order validly
issued under this code.
(E) No person, firm or corporation shall give or submit false information on a license application or
any renewal thereof.
(F) No person who is an occupant of an occupancy shall cause the premises on which an occupancy is
located to become in violation of any of the maintenance standards set forth in Chapter 5A, Article
II (§§ 5A.201 et seq.), normal wear and tear excepted.
(G) No person shall occupy a premises if such premises is required to be licensed under this chapter.
(H) No person may occupy a premises posted pursuant to § 5A.304.
(I) No person, firm or corporation, including an owner, licensee or occupant, shall remove or tamper
with a placard used for posting property pursuant to this chapter.
(Ord. 1532, passed 11-26-07) Penalty, see § 5A.602702
§ 5A.602702 PENALTY.
Any person, firm or corporation who violates or refuses to comply with any of the provisions of this
chapter is guilty of a misdemeanor, unless herein specifically noted. Each day that a violation exists shall
constitute a separate offense.
(Ord. 1532, passed 11-26-07)
§ Parallel References of the Columbia Heights City Code is hereby amended to read as follows, to wit:
§ REFERANCES TO MINNESOTA STATUTES
M.S. Cite Code Section
Chapter 429 4.101, 5A.504604
463.00 5A.503603
§ REFERANCES TO ORDINANCES
Ord. No. Date Passed Code Section
1532 11-26-07 5A.101–5A.103, 5A.201–5A.212,
5A.301–5A.307, 5A.401–5A.411,
5A.5601–5A.5606, 5A.6701–5A.6702
1535 9-8-08 1.105, 1.119, 2.201, 3.204, 3.208, 3.302,
4.103–4.106, 5.201, 5A.5606, 6.101,
6.901, 7.203, 7.302, 8.102, 8.207, 8.605,
8.606, 11.127