HomeMy WebLinkAbout2007 [12] Dec 10
CITY OF ST. JOSEPH
www.cityofstjoseph.com
St. Joseph Planning Commission
December 10, 2007
6:30 PM
/udy Weyrens
Administrdtor
1. Call to order
MdYor
AI Rdssier
2. Ordinance 55 - Discuss proposed revisions
3. Adjourn
Councilors
Steve Frdnk
Rick Schultz.
Renee Symdnietz
Ddle Wick
2. )' College Avenue North . PO Box 668. S din t 10 s e ph, M inn e sot d )' 6 17 4
Phone "2.0..,6,,.72.01 FdX ,,2.0..,6.,.0142.
11 Seventh Avenue North
P.O. Box 1433
St. Cloud, MN 56302-1433
320-251-1055
Toll Free 800-445-9617
Fm,320-251-5896
rajhan@rajhan.com
www.rajhan4com
Frank J. R~jkowski ao
Gordon H. Hansmeier
Thomas G. Jovanovich'
Paul A. RajkcJwski 0
Kevin F. Gray
William J. Cashman
Richard W. Sobalvarro
LeAnne D. Mlller
Peter j, Fuchsteiner
Susan M. Dege
Sarah L. 5mith-Larl,in'
Troy A. Poet?
Gregory J. Haupert
Jason T. Bretto
Matth~wW. Moenrle
Melissia R. Christianson
Kristi D. Stanislawski
Lori L. Athmann
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ATIORNE.)iS AT LAW
December 5, 2007
VIA EMAIL
Ms. JudyWeyrens
City Administrator
City ofSt. Joseph
P.O. Box 668
St. Joseph, :MN 56374
RE:
Changes to Rental Ordinance- Ordinance S5
Our File No. 26177
Dear Judy:
Attached to this emailletter, please find the redrafted Ordinance 55 - Housing,
Maintenance and Occupancy Ordinance. The Ordinance has been changed to include a
number of provisions from the Northfield Rental Ordinance.
The additions from the Northfield Ordinance are highlighted in gray, and any deletions
from the existing Ordinance are noted by a strikeout or line through the deleted portions.
All changes should be apparent to a person reviewing the proposed Ordinance.
Please provide a copy of this Ordinance to the Building Inspector, City Planner, Police
Chief, as well as the Maintenance Division for their review and comments. I would like
to insure that there are no inconsistent provisions in this Ordinance with other Ordinance
provisions in St. Joseph.
OUr purpose in making the changes was to include provisions from the Northfield
Ordinance that do not appear in our Ordinance. We tried to be as comprehensive as
possible to give both the Planning Commission and City Council a number of options
which they may choose from if they wish to change the current Rental Ordinance.
Please note that on page 27, there is a section taken from the Northfield Ordinance with
respect to sanctions for disorderly use violations in rental units. This section does not
provide the same penalties as the current written policy that the St. Joseph City Council
follows. You may want to continue to follow the current policy. However, I included
this so there can be come discussion as to whether to change or continue with the current
policy with respect to sanctions oflandovl'l1ers after a violation of the Noise Ordinance.
_ :=ra.n': J: p:~jkov:~"::i a~~ liJ5.0~ "': B~e.tl~ CJ~: ;J.dn:!~t~o' to. p~~c:!.:c in .N~rti.l Dak~~~ G~r;:'~n ,J.!. Hl::!~.~~fe:. ~~ '~o.rt}~ D;.ko.ti!I~~O~~D~.r:,:t~ ~n.~ V!!i:;o~s~n, .
December 5, 2007
Page -2-
If you have any questions, please advise.
TGJlbaw
Sincerely,
RAJKOWSKI~~~IERLTD.
.-:.,.1 ,
,/ I ! I
, .1 , .
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'f'i.,'~ ./~./ I
"r' .'
By (// . .,' !
Thomas G. j ovanovich
// "',J
EnclosUre
CHAPTER V - BUILDING, LAND USE & REGULATIONS
ORDINANCE 55
HOUSING, MAINTENANCE AND OCCUPANCY ORDINANCE
Section 55.0 I: PURPOSE AND SCOPE.
Subd. I: The purpose of this ordinance is to protect the public health, safety, and the
general welfare of the people of the City. These general objectives include, among others, the
following:
a) To protect the character and stability of residential areas within the City;
b) To correct and prevent housing conditions that adversely affect or are likely to
adversely affect the life, safety, generill welfare and health, including the physical,
mental and social well being of persons occupying dwellings within S1. Joseph;
c) To provide minimum standards for cooking, heating, and sanitary equipment
necessary to the health and safety of occupants of buildings;
d) To provide minimum standards for light and ventilation, necessary to health and
safety;
e) To prevent the overcrowding of dwellings by providing minimum space standards
per occupant for each dwelling unit;
f) To provide minimum standards for the maintenance of existing residential
buildings, and to thus prevent slums and blight;
g) To preserve thc valuc of land and buildings throughout thc City.
jfo the extent that any standards of this article apply only to rental properties in R-I and
R-2 districts of the city, such standards are based on a finding by the city council that low dens~
~esidential neighborhoods in the city are comprised primarily of owner-occupied single famil~
~wellings and are designed and intended to be quiet, orderly, and safe neighborhoods for
bhildren and others, and that the quiet enjoyment and value of properties in such neighborhoods..
bay be adversely impacted by the existence of rental properties occupied by groups of unrelated
~dults, where occupants tend to have more motor vehicles, generate greater traffic and parking
fongestion, and generate other adverse imp-acts on the neighborhood such as noise and disorderlY.
conduct!
Subd.2. With rcspect to rental disputes. and except as otherwise specifically provided by
the terms of this ordinance, it is not the intention of the City Council to intrude upon the fair and
accepted contractual relationship between tenant and landlord. The City Council does not intend
55-0
CHAPTER V - BUILDING, LAND USE & REGULATIONS
to intervene as an advocate of either party, nor to act as an arbiter, nor to be receptive to
complaints from tenant or landlord which is not specifically and clearly relevant to the provisions
of this ordinance. In the absence of such relevancy with regard to rental disputes, it is intended
that the contracting parties exercise such legal sanctions as are avai lab Ie to them without the
intervention of City government. In enacting this ordinance neither is it the intention of the City
Council to interfere or permit interference with legal rights to personal privacy.
~ubd. 3. Except as otherwise sp~cifically provided, all licensed rental prop(~rties in
existence on the effective date of this article shall be subject to the following limitations!
a. Rental properties shall be inspected in late 2008. Any such property which
had a valid license under the previous rental ordinance, and which would have
passed inspection under the previous ordinance, shall receive a provisional
license cOIl1mencing January 1, 2008, which shall be valid for up to two years,
provided that each such property shall be brought into full compliance with
the standards established by this article by no l:iter than December 31,2009.
Failure to do so shall result in eXQiration of the license for the lllimel1Y at
midnight on December 31, 2009 J
b. Built-in deficiencies. Certain specific deficiencies (referred to as "bli.ilt-in
..
deficiencies") in properties licensed prior to the effective date of this article
may be deemed to be beyond reasonable correction by the building official
and may therefore be waived from meeting certain requirements of this
article. Built-in deficiencies which will be waived will be those that the
building official finds to have been in conformance with all applicable codes
at the time the work was done and that are not causing adverse effects on the
health or safe!): of the occuQants ofthe rental dwelling unitJ
b. Immediate action. Nothing in this section shall'prevent the building official from
taking any immediate enforcement or corrective action allowed by this article iJ
lhe event a condition exists which causes a risk of serious harm to the Rublir-
health or safe!)'l ~
H. Inconsistency with other regulations. If any standard of this article is: inconsistent
rith any other applicable local, state or federal law, rule or regulatic!!!, the mosr
stringent reguirement shall am:llyJ
Section 55.02: APPLICABILITY OF ORDINANCE. Every building and its premises
used in whole or in pal1 as a home or residence, or as an accessory structure thereoC for a single
family or person, and every building used in whole or in part as a home or residence of two or
more persons or families living in separate units shall conform to the requirements of this
ordinance, irrespective of when such bui Iding may have been constructed, altered, or repaired.
This ordinance establishes minimum standards for erected dwelling units, accessory structures
and related premises.
55-1
CHAPTER V - BUILDING, LAND USE & REGULATIONS
Dormitories located on the campus proper of the College ofSt. Benedict's shall not come
under the provisions of this ordinance. Apartments located on the campus proper of the College
of St. Benedict's and which are used exclusively as student housing shall not come under the
provisions of this ordinance. The City Council finds that the general objectives enumerated under
Section 55.1 are being met by the College of St. Benedict's for the following reasons:
Subd. I: The student residences at the College of St. Benedict are presently inspected by
different groups as well as the college's staff frequently each year. The following is a listing of
periodic inspections that would include college housing as well as other buildings on the campus:
a) State Fire Marshal
b) Insurance Company Inspector (at least once a year)
c) The Director of Security (at minimum of once a month)
d) Security Staff of College and Convent
e) Maintenance Staff of College and Convent
f) Residence Assistants (live with students)
g) Faculty Residence (live with students)
h) Residence Directors (live with students)
Subd.2: The following other precautions are taken to protect the students in addition to
the numerous inspections listed above:
a) Fire Drills in all College Buildings
b) Exit signs on an alternate electrical system
c) Buildings constructed under the latest fire codes
d) Smoke detectors installed and inspected
e) Fire extinguishers installed in convenient locations and inspected monthly
f) I nstructional classes on the use of fire extinguishers
g) Classes in fire prevention
h) Sprinkling systems installed where needed
55-2
CHAPTER V - BUILDING, LAND USE & REGULATIONS
Section 55.03: DEFINITIONS. The following definitions shall apply in the
interpretation and enforcement of this ordinance:
Subd. I: Accessory Structure. A structure subordinate to the main or principal dwelling
or dwellings and which is not used nor authorized to be used for living or sleeping by human
occupants and which is located on or partially on the premises.
Subd. 2: Adult. A Rerson 18 y'ears of age or olded
Subd.3: Building. Any structure erected for the support. shelter. or enclosure of person,
animals, chattels, or movable property of any kind.
~ubd. 4: Building code. The Minnesota State Building Code and ontional codes
adoQted by' the ci!y' in Sec. . as amended from time to timeJ
~ Subd.5: Building official. The person designated by the city as its building official
and includes any person designated by' the building official to Rerform any' of the functions ~
building official under this artic~
Subd.6: Compliance Official. The Building Inspector and his designated agents
authorized to administer and enforce this ordinance.
Subd.7: Dwelling. A building or portion thereof, designed or used predominantly for
residential occupancy of a continued nature, including I family dwellings, 2 family dwellings,
and multiple; family dwellings; but not including hotels and motels.
Subd. 8: Dwelling Unit. A single residential accommodation which is arranged,
designed, used or, ifvacant, intended for use exclusively as a domicile for one family. Where a
private garage is structurally attached, it shall be considered as part of the building in which the
dwelling unit is located.
Subd.9: Eff~ciency Living Unit. A room having cooking facilities used for combined
living, dining, and sleeping purposes and meeting the requirements of Section 55.09.1,
Exception.
$ubd. 10: Egress. An arrangement of exit facilities to assure a safe means of exit
trom a buildingr
Subd. 11: Electrical code. The national electrical code, which is Rart of the building
code adoQted b:x the cityJ
Subd. 12: Extermination. The control and elimination of insects, rodents, or other
pests by eliminating their harborage places; by removing or making inaccessible materials thaL
may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized
rnd legal pest elimination method aP.lJ.roved by. the building offi.qi,f!!; and by, the removal of all
~gns of extermination thereafter!
55-3
CHAPTER Y - BUILDING, LAND USE & REGULATIONS
Subd. ] 3: Family. Shall have the same meaning as adopted in Section _, Subd. 22 of
this Code of Ordinances.
Subd. 14: Fire code. The P.art of the building code adoQted by' the ci!YJ
Subd. 15. Floor area. The net floor area within the enclosed walls of a room in
rhich the ceiling height is not less than 7 feet, excluding areas used for closets and built-Trl
eguiRment such as cabinets, kitchen units, fixtures and ap.RliancesJ
Subd. ] 6. Flush Water Closet. A trlilet, with a bowl and trap made in one piece, which is
connected to the City water and sewer system or other approved water supply and sewer system.
Subd. 17: Garbage. Putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking, and consumption of food.
Subd. ] 8: Habitable Building. Any building or part thereof that meets minimum
standards for use as a home or place of abode by one or more persons.
Subd. 19: Habitable Room. A room or enclosed floor space used or intended to be used
for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet
compartments, laundries, furnace rooms, unfinished basements, (those without required
ventilation, required electric outlets and required exit facilities), pantries, utility rooms of less
than 50 square feet of floor space, foyers, communicating corridors, stairways, closets, storage
spaces, and workshops, hobby and recreation areas in parts of the structure below ground level or
in attics.
Subd.20: Heated Water. Water heated to a temperature of not less than] 20 degrees
Fahrenheit, or such lesser temperature required by government authority, measured at faucet
outlet.
:;ubd. 21 : Infestation. The-Rresence of insects, rodents, or other pests within or
around the dwelling..J:lll.lLRremisesJ
Subd.22: Kitchen. A space which contains a sink with counter working space, adequate
space for installing cooking and refrigeration equipment and adequate space for the storage of
cooking utensi Is.
:;ubd.23: Let. To give the use of a dwelling, dwelling unit or rooming unit by' an
bwner,jlgent or manager to an occuRant in return for rentJ
I Subd.24: Manager. The person who has charge, care or control of a building..QLRart
thereof in which dwelling unit(~) or rooming unit(~) are led
Subd. 25: Mechanical code. Part of the building code adoRted by. the ci!YJ
55-4
CHAPTER V - BUILDING, LAND USE & REGULATIONS
Subd.26: Multiple family dwelling. A dwelling or portion thereof containing three or
more dwelling units.
Subd.27: Nuisance. Nuisance is:
t:
I
f.
8.
I
9.
I
Any nuisance as defined by this article or other provision of this codeJ
Any ntlisance as defined by state or federal law or regulation'
Any public nuisance known at common law or in equity jurisprudenceJ
Any attractive nuisance that may prove ~etrimental to children whethe; in a
building, on the premises of a building or l~n an unoccupied lot, includingr-
I 11- . r--
but not limited to any abandoned well, shaft, basement or excavation;
~bandoned refrigerators and motor vehiclJ~; any structurally unsound fences or
ptructures; and any' lumber, trash, debris ol~getation that maY_Qrove a hazard t6
childrenf
Whatev~r is dangerous to human life or isloetrimental to health as
determined by.'
the building offl.ciaq
Overcrowding a room with occupantsJ
Insufficient ventilation or illumination~
Inadequate or unsanitary sewage or pl~m~ing facilitiesi
Whatever renders air, food or drink unwhl.!lesome or detrimental to the
health of human beings as determined by_he building officiaIJ
11.
2.
I
B.
~.
Subd. 28: Occupant. Any person (including own:::r or operator) living, sleeping, cooking
and eating in dwelling unit or living and sleeping in a rooming unit.
Subd.29: Operator. The owner or his agent who has charge, care, control, or
management of a building, or part thereof, in which dwelling units or rooming units are let.
Subd.30: Owner. Any person, firm or corporation who, alone, jointly, or severally with
others, shall be in actual possession of, or have charge, care or control of, any dwelling, dwelling
unit, or rooming unit with the City as owner, employee, (Ir agent of the owner, or as trustee or
guardian of the estate or person of the title holder. Any such person representing the actual
owner shall be bound to comply with the provisions of this ordinance to the same extent as the
owner.
Subd. 31: Permissible occupancy. The maximul1l number of persons permitted to reside
in a dwelling unit or rooming unit.
Subd. 32: Person. An individual, firm, partnership, association, corporation or joint
venture or organization of any kind.
Subd.33: Plumbing. All of the following supplkd facilities and equipment in a
dwelling: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units,
waste pipes, water closets, sinks, installed dishwashers, Ilvatories, bathtubs, shower baths,
55-5
CHAPTER V - BUILDING, LAND USE & REGULATIONS
installed clothes washing machines, catch basins, drains, vents, and any other similar fixtures and
the installation thereof, together with all connections to water, sewer and gas lines.
Subd. 34. Plumbing Code. Part of the building code adoRted by. the Ci!YJ
Subd. 35: Premises. A platted lot or part thereof or unplatted parcel of land, either
occupied or unoccupied by any dwelling or nondwelling structure, including such building,
accessory structure or other structure thereon.
Subd. 36: Public Hall. A hall, corridor or passageway for providing egress from a
dwelling unit to a public way and not within the exclusive control of one family.
Subd.37: Refuse. All putrescible and nonputrescible waste solids including garbage and
rubbish.
I Subd. 38 Related by blood. marriage or adoption. Whole or half relationship between
persons through a common ancestor or de"scendant or by a relationship as husband, wifeJ
ftepPirent".~Ymchild,~p.arent and legally' adonted child, or foster Qarent and state assigned fosterl
child.
I Subd.39. Rent. A stated return or payment for the temporary possession of a dwelling!
pwelling unit or rooming unit. The return or P'!y'ment may' be money"" service,_Rro~tlY. or othe~
yaluable considerationf
~ubd. 40. Rental/Owner agent. A person who is the representative of an owner of re'}tal
property. A rental agent must live within 20 miles of the corporate limits of the city. A rental
j -
agent mayor may not be the manager of the rental property. A rental agent shall not be a tenant
~f the rental property, unless that person is a manager of an apartment building. Notices or orde'i1
~erved on a rental agent shall be deemed to have been served on the owner of the P.!.QP.etlYJ
Subd.41. Rental Dwelling or Dwelling Unit. Any dwelling, dwelling unit, rooming unit,
or multiples thereof on one property and the related premises which are subject to this article.
Subd.42: Repair. To restore to a sound and acceptable state of operation, serviceability
or appearance.
Subd. 43: Rodent Harborage. Any places where rodents can live, nest, or seek shelter.
Subd.44: Rooming Unit. Any room or group of rooms forming a single habitable unit
used or intended to be used for I iving and sleeping, but not for cooking and eating purposes.
Subd.45: Rubbish. Nonputrescible solid wastes consisting of both combustible and
noncombustible wastes, such as paper, cardboard, tin cans. grass and shrubbery clippings, wood,
glass, brick, plaster, bedding, crockery and similar materials.
55-6
CHAPTER V - BU[LD[NG, LAND US E & REGULA T[ONS
Subd. 46: ~. The condition of being reasonably free from danger and hazards
which may cause accidents or disease.
Subd.47: Substandard dwelling. Any dwelling which does not conform to the minimum
standards established by City Ordinances.
Subd.48: Supplied. Paid for, furnished by, provi:led by or under the control of the
owner, operator, or agent of a dwelling.
Subd.49: Meaning of certain words. Whenever the words "dwelling", "dwelling unit",
"premises", FreiitliQropiinrJ or "structure" are used in this ordinance, they shall be construed as
though they were following by the words "or any part thereof".
Section 55.04: LICENS[NG OF RENTAL UNITS.
~ubd. 1. Limitation on rental properties. In R-L R-2. R-3 and R-4 districts in the city, no
more than 20 percent of the residential houses, including patio homes, rowhouses, townhousesr
~md twin homes, on a single block shall be granted rental housing licenses. For purposes ofthiJ
~ection the word house shall mean a single structure contjhning one or more rental units. A singw
block shall be defined as the houses on both sides of a st1j~et between successive intersecting
~treets or between other such boundaries including collegb campus boundaries, railroad rights of
~ay, corporate limit lines, or physical features such as rHl1ers, outcroppings, ponds or lakes}
Corner houses shall be included in the count of houses oJ a single block, regardless ofwhiclJ
I I ~
ray they face or on what street they. are addressed (~r houses may' be counted as Rart of
more than one single block).r--
a. ~xception. This limitation shall not apply to rllntal properties which are validly......
licensed as of the date of adoption of this artillfe, including properties which hav~
been sold and re-licensed, although they will Ie counted among the 20 percent ot.,
~llowable rental houses on a single block for t!ll...rr..gses of determining whether new
licenses may be issued!
I Subd. 2. Application. The owner of any structurl' in which one or more dwelling unittill
rooming units are intended to be let shall make applicati<lp for a rental housing license prior to
letting the unit, unless such unit is currently licensed or ill exempt from the provisions of thir
article. The owner shall not allow occupancy of such unit until the required license fee has b~
~aid and a rental housing license has been issued Rursua~~ to this division I
Subd. 3: Registration. No person shall operate re ntal property in the City of St. Joseph
without first having properly made and filed a registratiol statement with the Compliance
Official. and '.vithout first securing a valid rental license It'om the City of St. Joseph. Any person
filing such a registration statement thereby consents to be: bound by all of the provisions of this
ordinance and the other ordinances of the City of St. Jose ph, as they may relate to rental
property. [n the case of any rental property occupied on ,)I" before February I, 1981, the
registration statement shall be filed before February I, I S'81. In the case of rental property
completed and ready for occupancy after February I, I % I, a registration statement shall be Ii led
55-7
CHAPTER V - BUILDING, LAND USE & REGULATIONS
and a rental license secured prior to the occupancy of the dwelling. The registration statement
shall be made and filed on forms furnished by the Compliance Official for such purposes and
shall set forth the following information:
a) Name, address and residence phone number of the owner, and if a corporation, the
name of officers and registered office thereof. All owners must be listed.
b) Name and address of the rental property and the number of units to which the
registration applies.
c) The name and address of the owner's agent for the receipt of notices of violations
of the provisions of this ordinance and other applicable ordinances of the City of
St. Joseph. The owner may designate any person residing within a 30 mile radius
of the city limits of the City of St. Joseph as their agent for this purpose.
d) The name and address of the owner's agent for the receipt of notices of violations
of the provisions of this Ordinance and other applicable ordinances of the City of
St. Joseph. The owner may designate any person residing in either Stearns,
Benton, or Sherburne County as his agent for this purpose.
e) Such other information as the Council may require.
Prior to the issuance of any new rental license, the Planning Commission shall approve
the registration and application to insure that the proposed rental use of the property complies
with the requirements of the St. Joseph Zoning Ordinance and other ordinances of the City.
Subd.3: Execution of Registration Statement. The registration shall be made by the
owner if such owner is a natural person; if the owner is a corporation, by an officer thereof; if the
owner is a partnership, by one of the partners; and if the owner is an unincorporated association,
by the manager or managing officer thereof. Renewal of registrations as required annually by
this Ordinance may be made by filling out the required renewal form prqvided by the
Com pi iance Official to the owner of rental property and mai ling said form together with the
required registration fee to the Compliance Official.
~ubd. 4. Execution of Rental Housing Disclosure Forms. Within Ten (10) days of any'
rental unit being occupied by a tenant, the Owner shall file with the Clerk Administrator of thd
~ity ofSt. Joseph, the executed Rental Housing Disclosure Form and the Tenants' Rights and
Responsibilities Disclosure Form. The City Administrator shall make available to the public ~
~he city offices the Rental Housing Disclosure Form and the Tenants' Rights and Resp'onsibiliti~
Disclosure Form, conies of which are attached hereto as "Exhibit A.'l
Subd. 5: Annual Registrations. Commencing with the year 1982, the registration of all
rental dwellings registered for the previous year shall be renewed not later than the first day of
August of each year.
55-8
CHAPTER V - BUILDING, LAND US:: & REGULATIONS
Subd. 6: Transfers. Every new owner of a rental property, (whether as fee owner,
contract purchaser, lessee of the entire dwelling, or other~'ise) shall register before taking
possession.
Subd.7: Registration License Fee. A registration fee, as may be established by
resolution of the City Council, shall be due on the first da:/ of August of each year.
A delinquency penalty of4% of the license fee for each day of operation without a valid
license shall be charged to operators of rental dwell ings. Once issued a I icense is nontransferable
and the licensee shall not be entitled to a refund on any license fee upon revocation or
suspension; however, the licensee shall be entitled to a license fee refund pro rated monthly,
upon proof of transfer of legal control of ownership. In th~ case of new unlicensed dwell ings,
license fees shall be due upon the issuance of the certificate of occupancy; in the cases of
I icensing periods of less than one year, I icense fees shall be pro rated by month.
Subd.7: Inspection Condition. No operating---H€-else shall be issued or renewed unless
the ovmer of rental units agrees in his application to permit inspections pursuant to this
Ordinance.
Subd. 8. Inspections Required!
r~) The building official shall inspect propertyjfor compliance with this article upon
~pplication for a rental housing license an<! every two years thereafter, excep.t a~
btherwise expressly provided. No license ~hall be issued excep-t up-on ~
~atisfactorY. ins~ctionJ
{!2) The building official shall also inspect ren~~l property upon receiving a bona fide
~omplaint from a complainant who ~eaves~ hislher name and address. Anony'mou~
~omp-Iaints shall not be investigated.
t~L__~\ny owner or occupant of rental prORetlYJhay' reguest an advisorY. insQection of
the m:gwy' at any' reasonable timel
r~D Upon inspection and the finding of a violation, the building official shall notify the
- -, d h ., . f h I'. I' d h' r-
owner an t e occupant 10 wrItmg 0 t e)110 ation an t e regUlrement to correct
~he violationl
r~) If the building official finds a violation of he standards imposed by this article af
hny time after issuance of a rentallicense,!the building official shall re-inspecr
~hat property on an annual basis until the ]>roperty has been free of all violatio~
for a period of one full year, at which tim i the property shall return to the usual
~chedule of inspection. The property own ~r shall pay inspection fees. in amounTI
1...-. . d b l' f h" . I'l fi . . fi ..-
petermme y reso utlOn 0 t e CIty coun;I rom tIme to tIme, or any' extra
~p'ections resulting from violation ofthd article!
55-9
CHAPTER V - BUILDING, LAND USE & REGULATIONS
(t) Any owner, occupant, or other person in charge of a dwelling or dwelling unit
may refuse to permit free access and entry to the structure or premises under his
control for inspection pursuant to this Ordinance, whereupon the Compliance
Official may seek a court order authorizing such inspection. Failure to provide
access and entry after reasonable requests and notice may be grounds for
revocation, suspension or non-renewal of the rental license.
Subd.9: Posting of License and Notice. Every licensee of a multiple dwelling shall
cause to be conspicuously posted in the main entry way or other conspicuous location therein the
current license for the respective multiple dwelling. Every licensee shall cause to be
conspicuously posted in every rental unit, a notice containing information as prescribed by the
City Council. The notice shall be provided to the owner at the time of issuance of the licensee.
Subd. 10: License Not Transferable. No operating license shall be transferable to
another person or to another rental dwelling. Every person holding an operating license shall
give notice in writing to the Compliance Official within 72 hours after having legally transferred
or otherwise disposed of the legal control of any licensed rental dwelling. Such notice shall
include the name and address of the person succeeding to the ownership or control of such rental
dwelling or dwellings.
Subd. II: Occupancy Register Required. Every owner of a licensed rental dwelling shall
keep, or caused to be kept, current register of occupancy for each dwelling unit which provides
for the following information:
a. The dwelling unit address;
b. Number of bedrooms in the dwelling units;
c. Name of adult occupants and number of adults and children (under 18 years of
age) currently occupying the dwelling unit;
d. Dates renters occupied and vacated dwelling unit;
e. Chronological list of complaints and requests for repair by dwelling unit
occupants, which complaints and requests are related to the provisions of this
ordinance; and
f. A similar chronological list of all corrections made in response to such requests
and complaints.
Such register shall be made available for viewing or copying by the compliance officer or
a St. Joseph Police Officer at all reasonable times or in the event of an emergency.
~ubd. 12. Renewal. Except as otherwise provided in this article, a rental license
~hall expire two years after the date of issuance. A renewal license shall be applied for ~
least 30 daY~p'rior to eXQiration of the existing license. Pro~!1Y. shall not be occupied by'~
55-10
CHAPTER V - BUILDING, LAND USE & REGULATIONS
tenant after expiration of a rental license or renewal license, provided that the building
bfficial may issue a temporary renewal license not to exceed 2 months in duration ifth~
bUilding official deems it appropriate to allow continued occupancy pending issuance on
~enewallicense. A temporary renewal license shall expire on the stated date and thr---
broperty shall not continue to be occuRied bi: a tenant unless a full renewal license has beed
issued by' that dateJ
Subd. 13: Suspension or Revocation. Every operating license issued under the
provisions of this Ordinance is subject to suspension or revocation by the City Council should
the licensed owner or his duly authorized resident agent fail to operate or maintain the licensed
rental dwellings and units therein in compliance with the provisions of this Ordinance, or any
other Ordinances of the City ofSt. Joseph and/or the laws of the State of Minnesota, or
conditions exist or activities occur at the rental dwelling in violation of ordinance or law. The
operating license may be subject to suspension or revocation for the first violation, without the
necessity of knowledge by the owner or warning that the property is operated or maintained in
violation of ordinance or law. In the event that an operating license is suspended or revoked by
the City Council, it shall be unlawful for the owner or the duly authorized agent to thereafter
permit any new occupancies of vacant or thereafter vacated rental units until such time as an
operating license may be restored by the City Council.
When a rental license is revoked or suspended, the property shall be vacated as of the
effective date of the revocation or suspension and remain vacated until restoration of the license.
In the case of a suspension, restoration shall occLlr automatically at the end of the suspension
period. In the case of revocation, restoration of the license shall occur only after the owner of the
premises has made application for a new license, and paid a new application fee. The new
I icense may then be issLled upon completion of the revocation period.
:Every notice to vacate shall, in addition to being served, be posted at or upon eacH
entrance to the building, and shall be in substantially' the following form!
DO NOT ENTERi
.
UNSAFE OR ILLEGAL TO OCCUP\i
It is a misdemeanor to occupy this building
~r to remove or deface this noticer
Inspection Division
Q.,ty of St. Josep]
jWhenever such notice is posted, the building official shall include a notification thereoL
in the notice and order issued at the commencement of proceedings under this division, and shall
~ecite the emergency or conditions that necessitate vacation. No person shall remain in or enter
~ny building that has been so posted, except that entry may be made to repair, demolish of
~emove such building if allowed by any required permit. No person shall remove or defac~j."..
~uch notice after it is posted until the required repairs; demolition or removal has been completed
and a certificate of occup'ancy' issued Qursu~nt to the Rrovisions of the building code, or other
55-11
CHAPTER V - BUILDING, LAND USE & REGULATIONS
forrective action has been taken as reqHired6b~ the buillding official. AnY_p'erson violating this
section shall be gui1!y' of a misdemeanor!
No suspension or revocation of a rental license shall occur until the licensed owner has
been afforded an opportunity for a hearing to be conducted pursuant to Sections 11.57 to 11.70
of the Minnesota Statutes. This hearing shall be evidentiary in nature and conducted before the
S1. Joseph City Council which shall determine whether an ordinance or statutory violation did
occur, warranting revocation or suspension of the rental license. The determination of the City
Council shall be final and subject only to any rights of review or appeal to the state courts as
provided by statute. The I icensed owner must affirmatively request an evidentiary hearing by
writing to be received by the City Administrator/Clerk no later than seven days prior to the date
on which the Council is to consider the violations. If request is not made, the right to an
evidentiary hearing is deemed waived and the City Council may presume the truth and accuracy
of the violations alleged and proceed to disposition at the time of the hearing.
Where the City Counci I determines that an Ordinance or statutory violation has occurred
warranting suspension or revocation, the rental license shall be suspended or revoked for a
period of not less than two months nor more than ] 2 months. Execution of the suspension or
revocation may be stayed by the Council on such reasonable conditions as established by the
Council, including but not limited to, the payment of a civil penalty not to exceed $1,000.00.
Upon the completion of one half of the period of revocation or suspension imposed by the City
Council, the licensed owner may petition the City Council for early restoration of the rental
license. Upon receipt of the petition, the licensed owner's request shall be heard by the City
Council at the next regular scheduled meeting, (but at least 7 days from receipt of the request).
At that time, the City Council may order a restoration of the rental license if the licensed owner
establishes by clear and convincing evidence that one of the following two circumstances then
exist:
I) The property has been sold since the occurrence of the original violation to a party
unrelated to the original owner. The sale must be for a fair consideration,
negotiated at arm's length, and by Deed duly filed for record at the office of the
County Recorder. A sham or "paper" transfer of title to the property to a related
party or another party acting in cooperation with the owner for the purpose of
circumventing the license revocation shall not constitute a transfer for purposes of
this Ordinance.
2) The licensed owner demonstrates to the City Council that he has properly
responded to the revocation or suspension, that measures have been taken to
successfully correct the violation which originally resulted in suspension or
revocation, and that additional steps have been taken to assure that similar
violations not occur in the future. Factors to be considered by the Council, may
include: improvements and repairs to the premises, modification of the relevant
lease provisions, selection of future tenants, response to citizen's complaints,
55-12
CHAPTER V - BU ILDING, LAND USE & REGULATIONS
I
provision for future supervision of the premises by the licensed owner, the
licensed owner's compliance with the revocation/suspension, and such other
criteria as the Council considers relevant to each individual case.
Where the licensed owner is able to establish by clear and convincing evidence grounds
for restoration, the Council may stay the execution of the remainJer of the suspension or
revocation period for a period of up to one year and place reasonable terms and conditions upon
the licensed owner as may be relevant to further insure compliance with the Ordinances of the
City of St. Joseph and laws of the State of Minnesota.
Subd. 15: Denial of Renewal.
a) Every operating license issued under the provisions of this Ordinance is subject to
non-renewal by the City Council should the licensed owner or his/her duly
authorized resident agent fail to operate or maintain the licensed rental dwelling
and units therein in compliance with the provisions of the Ordinances of the City
ofSt. Joseph and the laws of the State of Minnesota.
b) The owner of property for which the renewal of a I icensee has been denied may
request a hearing before the City Council challenging the decision of non-
renewal. The right to demand a hearing must be exercised by the Owner within
seven (7) days of notice of non-renewal or the hearing is deemed waived. The
hearing shall be conducted pursuant to Sections 14.57 to 14.70 of the Minnesota
Statutes.
c) I n the event of non-renewal, the owner may not reapply for a rental I icense for a
period of eleven (II) months from the date of non-renewal, unless the owner
establishes to the City Council by clear and convincing evidence the existence of
one of the two circumstances set forth in Section 55.11.12(d) (1) and (2).
Section 55.05: ENFORCEMENT AND INSPECTION AUTHORITY. The Building
Inspector and his designate agents shall be the Compliance Official who shall administer and
enforce the provisions of this Ordinance and who is hereby authorized to cause inspections on a
scheduled basis for rental units, or otherwise when reason exists to believe that a violation of this
Ordinance has been or is being committed. Inspections shall be conducted during reasonable
daylight hours and the Compliance Official shall present evidence of official capacity to the
occupant in charge of a respective dwell ing unit.
'Subd. 1. Specifically prohibited acts. Whoever does any of the following, in addition t~
any other violation of this article without limitation, shall be guilty of a misdemeanor and shall
be subject to all available criminal and civil nenalties and other remedi~
i~ No license. Allows occupancy of a dwelling, dwelling unit or rooming unit prior to
\he issuance of a rental housing license and payment of the license fee or after
~uspension; revocation or eXp'iration of a rental housing license or renewal
license!
55-13
CHAPTER V - BUILDING, LAND USE & REGULATIONS
n2L_~ver occupancy. Occupies or allows occuP~~Y. of a rental p'ronetlY. by' more
Qersons than the P..rQpJL..rty, is almroved fod
r~----,Occupying vacated unit. Occupies or allows occupancy of a rental Qro}2Lrty, thai
~osted and ordered vacatedl
tQ)--Qccupying uncertified bedrooms. Occupies or allows occupancy of a room as 1
pedroom that is not ap'proved as a bedroom and does not Qualify_as a bedroom
under this article.!
t~)----Qccupancy of unlicensed unit. Occupies a rental property for which no license l;!M
been issued or for which a license has been suspended, revoked, or has expired
rithout being properly renewed. An occupant of a property which has lost itS
rental license shall immediately vacate the property. An occupant's remedy f~r the
loss of his or her leasehold interest, if any,., shall be bY_p'rivate claim or actiorr--
~gainst the QroQerty. owned
Section 55.06: SPACE. OCCUPANCY AND USE STANDARDS
Subd. 1. Occupancy. No rental unit shall be occupied by more than the number of
persons for which the unit is approved, based on International Residential Code (IRe) o~
International Building Code (mC) requirements, which number shall be designated irl
bonjunction with the issuance ofthe rental license. In addition to that limitation, rental properties
jn an R-I or R-2 district may not be occupied by more than 3 adult persons who are unrelated bJ
blood, marriage, or adoption, provided that a property owner may apply for a conditional us('
permit to allow 4 or 5 unrelated adult persons to occupy a rental unit and such a permit may b~
hpproved by the building official if the building official can reasonably determine that the unit
I "-
has adequate square footage as designated by the IRC occupancy table to adequately house 4 or ~
people and that it contains 4 or 5 original or remodeled bedrooms (not bedrooms converted from
pther uses such as living rooms, dining rooms, hallways or closets) which conform to thd~
requirements of this article. The conditional use permit shall be automatically revoked in the
bvent of any violation of the occupancy requirements. The building official may imposr
~dditional requirements as a condition of approval of such a special permi.t including bu'riiot
limited to a reguirement for additional almroved off-street p'arking~acesJ
I If a property owner proposes to let a rental unit in an R-I or R-2 district to more than the
number of adult persons allowed pursuant to the foregoing paragraph, the burden shall be on th~
proposed occupants to prove that they are related by blood, marriage or adoption. The occup'ant~
~hall provide such proof to the property owner as a condition of the rental and the propertY.'
hwner shall provide such proof to the city upon request. The city shall determine the reliabili!):: of
~uch Qroof in its reasonable discretion and may reguire additional evidence to be submittedr
Subd.2 No dwelling, dwelling unit or rooming unit shall be let for occupancy to anotheli
M'hich does not commy. with the standards of this division. All rental QroQerties shall comm~
55-14
CHAPTER V - BUILDING, LAND USE & REGULATIONS
rith the standards of this division and with the remainder of this article immediately uRon the
effective date of this article, unless a different date or time is sp.ecified in this articler
(1)
Every habitable room shall be provided with at least one switched light and 2;
~
duplex outlets. Every water closet compartment, bathroom, laundIY. room and
furnace room shall contain at least one electric light fixture and on~
convenience outlet. Outlets within 6 feet of a sink or bathtub shall be Ground
Fault InterruRted (GFI) outletsJ
t~) Extension cords shall be used only with portable appliances and shall not be used
~s a substitute for permanent wiring. Extension cords shall be plugged directlr
jnto an approved outlet, power tap or multi-plug adapter and shall, except fo~L....,
approved multi-plug extension cords, serve only one portable appliance. The amp'
bapacity of the extension cord shall not be less than the rated capacity of thd
bortable appliance supplied by the cord and shall be grounded when serving~
grounded appliance. Extension cords shall be maintained in good condition
I.....--
without splices, deterioration or damage. Extension cords and flexible cords shall
hot be attached to the structure, extend through walls, ceilings, or floors or undeJ
&oors or floor covering~, or be subject to environmental or p..hy.sical damagr
(3)
A clear and unobstructed means of access with a minimum width of 30 inches,
a minimum height of 78 inches, and a distance of 30 inches in front shall be'.
maintained from the operating face of an electrical service panel, meter or
switchboard. Occupants shall at all tunes have free access to the service ,p.anel
for their dwelling unit. All exposed wiring must be secured by approveq
methods. All electrical boxes must have cover plates and the cover plates must
r
not be cracked or broken. Every room used for human occupancy must have a
minimum of two electrical outlets. Outlets must meet the reguirements ofth[
national electrical codeJ
Subd. 3. Exits: hand and guardrailsJ
r~)---.General. All units shall have access directly to the outside or to a common
hallway or public corridor with egress to the outside. All buildings or portions
~hereof shall be provided with exits as required by the building code. An exit ~
pot pass through a hazardous area such as a furnace room, boileraroom, storagr
room,.garage or similar areaf
ih) Obstruction of egress. Obstructions, including storage, shall not be placed in the
i-equired width of a means of egress, except for projections allowed by thr-
I L..--
building code. Means of egress shall not be obstructed in any manner and shall
remain free of any material or matter where its ]2resence would obstruct or ren~
the means of egress hazardous'
12L_-,Escape windows. Sleeping rooms below the fourth story shall have at least one
QRerable window or exterior door armroved for emerg~y' escJ!p'e or rescuer
55-15
CHAPTER V - BUILDING, LAND USE & REGULATIONS
Escape windows shall be operable from the inside to provide a full clear opening
rithout the use of separate tools or special knowledge and shall open directl{"""
onto a p'ublic way' or a y'ard or court located on thellillsame lot as the buildingf
Subd. 4. Fire protectionJ
ti}) General. All buildings or portions thereof shall be provided with the degree of fire
tesistive construction, fire warning devices and fIre extinguishing devices ar-
brovided by' this article, the building and fIre codes, and the MCJ
t!v Smoke detectors. Smoke detectors shall be installed as required by this article. ~
lninimum of one detector shall be located in the basement and each story. ~
~etector shall be located outside of bedrooms and in each bedroom. The bui'lding
bfficial may reguire additional smoke detectors where additional p'rotectiod
bay be reguiredf
p:'he occupant of a rental unit shall notify the owner or manager of the unit within
2.4 hours of discovering that a detector is not functioning. The owner or managJ
~hall take immediate action to render the detector o~rational or rep'lace it!
Any occupant, owner or manager of a rental unit who willfully disables a
smoke detector or causes it to be non functioning is guilty of a misdemeanor. If the
unit is occup'ied by more than one tenant, each tenant shall be held accountable}
Fire alarm systems shall be tested at least annually. Test reports shall be
maintained on the Qremises and a cop.y. of each test shall be filed with the fire
chief!
19) Fire extinguishers. All rental units shall be equipped with a fire extinguisher witH
~ minimum rating of 2A 1 OBC. The extinguisher shall be located within thd
I ....
individual dwelling unit or in a common hallway. or corridor within SO feet of
bach dwelling unit door!
L
Fire extinguishers shall be serviced at least annually. A tag with the name of the servicing
tompany and the service date shall be affixed to the extingyisher and shall remain affixed
~ntil the next servicing1 .
Section 55.07 RESPONSIBILITIES OF OWNERS AND OCCUPANTS:
Subd. 1: Sanitation. No o\\ner or other person shall occupy or let to another person any
d'Nelling, dwelling unit or rooming unit unless it and the premises arc clean, sanitary, fit for
human occupancy, and comply with all applicable legal requirements of the State of Minnesota
and the City of St. Joseph, including the following requirements:
55-16
CHAPTER V - BUILDING, LAND USE & REGULATIONS
Subd. 1: Maintenance of Shared or Public Areas. Every owner of a dwelling containing
two or more dwelling units shall maintain in a clean and sanitary condition the shared or public
areas of the dwelling and premises thereof.
Subd.2: Maintenance of Occupied Areas. Every occupant of a dwelling, dwelling unit
or rooming unit shall maintain in a clean and sanitary condition that part or those parts of the
dwelling, dwelling unit and premises thereof, that the person occupies and controls in order to
prevent any health, safety or fire hazard.
Subd.4: Storage and Disposal of Rubbish. Every occupant of a dwelling, dwelling unit
or rooming unit shall store and dispose of all his rubbish in a clean, sanitary, and safe manner as
prescribed by the Code of Ordinances of the City of St. Joseph and amendment thereto.
Subd.5: Storage and Disposal of Garbage. Every occupant ofa dwelling; dwelling unit
or rooming unit shall store and dispose of all his garbage and any other organic waste which
might provide food for insects and/or rodents in a clean, sanitary, and safe manner as prescribed
by the Code of Ordinances of the City of St. Joseph and amendments thereto.
Subd.6: Responsibility for Storage and Disposal of Garbage and Rubbish.
a) Every owner of rental dwellings shall supply facilities for the sanitary and safe
storage and/or disposal for rubbish and garbage. I n the case of all other
dwellings, it shall be to the I other responsibility of the occupant to furnish such
facilities.
b) The provisions of Ordinances 107 and 108 of this Code relative to weed and brush
control, and garbage and rubbish disposal, shall apply to all residential rental
property and be enforceable against both the owner and occupant of the property.
Subd. 7: Responsibility for Storm and Screen Doors and Windows. The owner of a
rental dwelling unit shall be responsible for providing and hanging all screens and storm doors
and storm windows whenever the same are required under the provisions of this ordinance,
except where there is written agreement otherwise between the owner and occupant.
Subd. 8: Responsibility for Pest Extermination. Every occupant of a dwelling containing
a single dwelling unit shall be responsible for the extermination of vermin infestations and/or
rodents on the premises. Every occupant of a dwelling unit in a dwelling containing more than
one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the
only one infested. Notwithstanding, however, whenever infestation is caused by the failure of the
owner to maintain a dwelling in a reasonable rodent proof or reasonable vermin proof condition,
extermination shall be the responsibility of the owner. Whenever infestation exists in two or
more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling
containing two or more dwelling units, extermination thereof shall be the responsibility of the
owner.
55-17
CHAPTER V - BUILDING, LAND USE & REGULATIONS
Subd.9: Rodent Harborages Prohibited in Occupied Areas. No occupant of a dwelling
or dwelling unit shall accumulate boxes, lumber, scrap metal, or any other similar materials in
such a manner that may provide a rodent harborage in or about any dwelling or dwelling unit.
Stored materials shall be stacked neatly in piles.
Subd. 10: Rodent Harborages Prohibited in Public Areas. No owner of a dwelling
containing two or more dwelling units shall accumulate or permit the accumulation of boxes,
lumber, scrap metal, or any other similar materials in such a manner that may provide a rodent
harborage in or about shared or public areas of a dwelling or its premises. Materials stored by the
owner or permitted to be stored by the owner shall be stacked neatly in piles.
Subd. II: Prevention of Food for Rodents. No owner or occupant of a dwelling or
dwelling unit shall store, place or allow to accumulate any materials that may serve as food for
rodents in a site accessible to rodents.
Subd. 12: Sanitary Maintenance of Fixtures and Facilities. Every occupant of a dwelling
unit shall keep all supplied fixtures and facilities therein in a clean and sanitary condition and
shall be responsible for the exercise of reasonable care in the proper use and operation thereof.
Subd. 13: Minimum Heating Capability and Maintenance. In every dwelling unit or
rooming unit when the control of the supplied heat is the responsibility of a person other than the
occupant, a temperature of at least 68 degrees Fahrenheit or such lesser temperature required by
government authority shall be maintained at a distance of three feet above the floor and three feet
from exterior walls in all habitable rooms, bathrooms, and \vater closet compartments from
September through May.
Subd. 13: Removal of Snow and Ice. The owner of a multiple family dwelling or
dwellings shall be responsible for the removal of snow and ice from parking lots, driveways,
steps and walkways on the premises. Individual snowfalls of three inches or more, or successive
snowfalls accumulating to a depth of three inches, shall be removed from parking lots and
driveways within 24 hours after cessation of the snowfall. Individual snowfalls of one inch or
more, or successive snowfalls accumulating to a depth of one inch, shall be removed from steps
and walkways within eight hours after cessation of the snowfall.
Subd. 14: Minimum Exterior Lighting. The owner of a multiple family dwelling or
dwellings shall be responsible for providing and maintaining effective illumination in all exterior
parking lots and walkways.
Subd. ] 5: Maintenance of Driving and Parking Areas. The owner of a multiple dwelling
or other rental property shall be responsible for providing and maintaining in good condition
parking areas and driveways for tenants as mandated by the provisions of Section _ of this
Code of Ordinances.
Subd. ] 6: Maintenance of Yards. The owner of a multiple family dwelling or dwellings
shall be responsible for providing and maintaining premises' yards consistent with Section
55.08.] O.
55-18
CHAPTER V - BUILDING, LAND USE & REGULATIONS
Section 55.08: MINIMUM STANDARDS FOR BASIC EQUIPMENT AND
FACILITIES. No person shall occupy as owner, occupant, or let to another for occupancy any
dwelling or dwelling unit, for the purposes of living, sleeping, cooking, eating therein, which
does not comply with the following requirements:
Subd. I: Kitchen Facilities. Every dwelling unit shall have a room or portion of a room
in which food may be prepared and/or cooked and which shall have adequate circulation and
which shall be equipped with the following:
a) A kitchen sink in good working condition and properly connected to an approved
water supply system and which provides at all times an adequate amount of
heated and unheated running water under pressure, and which is connected to an
approved sewer system.
b) Cabinets and/or shelves for the storage of eating, drinking, and cooking
equipment and utensils and of food that does not require refrigeration for
safekeeping; and a counter or table for food preparation. Said cabinets and/or
shelves and counter or table shall be adequate for the permissible occupancy of
the dwelling unit and shall be of sound construction furnished with surfaces that
are easily cleanable and that will not impart any toxic or deleterious effect to
food.
c) A stove or similar device for cooking food, and a refrigerator or similar device for
the safe storage of food, which are properly installed with all necessary
connections for safe, sanitary, and efficient operation. Provided that such stove,
refrigerator, or similar devices need not be installed when a dwelling unit is not
occupied and when the occupant is expected to provide same on occupancy, in
which case sufficient space and adequate connections for the installation and
operation of said stove, refrigerator or similar device must be provided.
Subd.2: Toilet Facilities. Within every dwelling unit there shall be a nonhabitable room
which is equipped with a flush water closet in good working condition. In a rental dwelling unit,
such room shall have an entrance door which atTords privacy. Said flush water closet shall be
equipped with easily cleanable surfaces, shall be connected to an approved water system that at
all times provides an adequate amount of running water under pressure to cause the water closet
to be operated properly, and shall be connected to an approved sewer system.
Subd.3: Lavatory Sink. Within every dwelling unit there shall be 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. The lavatory sink shall be in good working condition and shall
be properly connected to an approved water supply system and shall provide at all times an
adequate amount of heated and unheated running water under pressure, and shall be connected to
an approved sewer.
55-19
CHAPTER V - BUILDING, LAND USE & REGULATIONS
Subd.4: Bathtub or Shower. Within every dwelling unit there shall be a nonhabitable
room which is equipped with a bathtub or shower in good working condition. In a rental
dwelling unit, such room shall have an entrance door which affords privacy. Said bathtub or
shower may be in the same room as the flush water closet, or in another room and shall be
properly connected to an approved water supply system and shall provide at all times an
adequate amount of heated and unheated water under pressure, and shall be connected to an
approved sewer system.
Subd.5: Stairways. Porches and Balconies. Every stairway, inside or outside of a
dwelling and every porch or balcony, shall be kept in safe condition and sound repair. Every
flight of stairs and every porch and balcony floor shall be free of deterioration. Every stairwell
and every flight of stairs which is more than four risers high shall have handrails approximately
30 inches high, measured vertically from the nose of the stair tread to the top of the handrail.
Every porch which is more than four risers high and every balcony shall have handrails
approximately 30 inches above the floor of the porch or balcony. Every handrail and balustrade
shall be firmly fastened and maintained in good condition. 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 shall have rotting, loose, or deteriorating supports.
Excepting spiral and winding stairways, the treads and risers of every flight of stairs shall be
uniform in width and height. Stairways shall be capable of supporting a live load of 100 pounds
per square foot of horizontal projection.
Subd.6: .'\ccess to Dwelling Unit. ,^,ccess to or egress from each dv,'elling unit shall be
provided "vithout passing through any other dwelling unit.
Subd. 6: Door Locks. No owner shall occupy nor let to another for occupancy any
dwelling or dwelling unit unless all exterior doors of the dwelling or dwelling unit are equipped
with safe, functioning locking devices. Multiple family dwellings shall be furnished with door
locks as follows:
a) For the purposes of providing a reasonable amount of safety and general welfare
for persons occupying multiple family dwellings constructed after May 5, 1969,
an approved security system shall be maintained for each multiple family building
to control access. The security system shall consist of locked building entrance or
foyer doors, and locked doors leading from hallways into individual dwelling
units. Dead latch type door locks shall be provided with lever knobs (or
doorknobs) on the inside of building entrance doors and with key cylinders on the
outside of building entrance doors. Building entrance door latches shall be a type
that are permanently locked from the outside and permanently unlocked from the
inside.
b) Every door that is designed to provide ingress or egress for a dwelling unit within
a multiple family building shall be equipped with an approved lock that has a
deadlocking bolt that cannot be retracted by end pressure, provided, however, that
such door shall be openable from the inside without the use of a key or any
special knowledge or effort.
55-20
CHAPTER V - BUILDING, LAND USE & REGULATIONS
Section 55.08: MINIMUM STANDARDS FOR LIGHT AND VENTILATION. No
person shall occupy as owner, occupant or let to another for occupancy any dwelling or dwelling
unit, for the purpose of living therein, which does not comply with the following requirements:
Subd. I: Habitable Room Ventilation. Except where there is supplied some other device
affording adequate ventilation and approved by the Compliance Official, every habitable room
shall have at least one window facing directly outdoors which can be opened easily. The
minimum total of openable window area in every habitable room shall be the greater of 4% of
the floor area of the room or four square feet.
Subd.2: Nonhabitable Room Ventilation. Every bathroom and water closet compartment
and every laundry and utility room shall contain at least 50% of the ventilation requirement for
habitable rooms contained in Section 55.06.1, except that no windows shall be required if such
rooms are equipped with a ventilation system which is approved by the Compliance Official.
Subd.3: Electrical Equipment. All electrical equipment, wiring and appliances shall be
installed and maintained in a safe manner in accordance with all applicable laws. All electrical
equipment shall be of an approved type.
Where there is electrical power available within 300 feet of the premises of any building,
such building shall be connected to such electrical power. Every habitable room shall contain at
least two supplied electric convenience outlets or one such convenience outlet and one supplied
electric fixture. Every water closet compartment, bathroom, furnace room, laundry room, and
public hallway shall contain at least one supplied electric light fixture.
Section 55.09: MINIMUM THERMAL STANDARDS. No person shall occupy as
owner, occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of
living therein, which does not have heating facilities which are properly installed, and which are
maintained in safe and good working condition, and which are capable of safely and adequately
heating all habitable rooms, bathrooms, and water closet compartments in every dwelling unit
located therein to a temperature of at least 68 degrees Fahrenheit at a distance of three feet above
floor level and three feet from exterior walls at an outside temperature of 25 degrees Fahrenheit.
Gas or electric appliances designed primarily for cooking or water heating purposes shall not be
considered as heating facil ities within the meaning of this section. Portable heating equipment
employing flame and the use of liquid fuel does not meet the requirements 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.
Section 55.10: GENERAL REOUI REMENTS. No person shall occupy as owner,
occupant or let to another for occupancy a dwelling or dwelling unit, for the purpose of living
therein, which does not comply with the following requirements:
Subd. I: Foundations. Exterior Walls and Roofs. The foundation, exterior walls and
exterior roof shall be substantially water tight and protected against vermin and rodents and shall
be kept in sound condition and repair. The foundation element shall adequately support the
building at all points. Every exterior wall shall be free of deterioration, holes, breaks, loose or
55-21
CHAPTER V - BUILDING, LAND USE & REGULATIONS
rotting boards or timbers, and any other condition which might admit rain or dampness to the
interior portion of the walls or to the exterior spaces of the dwelling. The roof shall be tight and
have no defects which admits rains, and roof drainage shall be adequate to prevent rain water
from causing dampness in the walls. All exterior wood surfaces, other than decay resistant
woods, shall be protected from the elements and decay by paint or other protective covering or
treatment. If 15% or more of the exterior surface of such wood surface is unpainted or
determined by the Compliance Official to be paint blistered, the surface shall be painted. If 15%
or more of the exterior of the painting of any brick, block or stone wall is loose or has fallen out,
the surface shall be repaired.
Subd. 2: Windows, Doors and Screens. Every window, exterior door, and hatchway
shall be substantially tight and shall be kept in sound condition and repair. Every window, other
than a fixed window or storm window, shall be capable of being easi Iy opened. Every window,
door and frame shall be constructed and maintained in such relation to the adjacent wall
construction as to completely exclude rain, wind, vermin and rodents from entering the building.
Every openable window or other device required by Section 55.6.1 shall be supplied with 16
mesh screens during the insect season.
Subd.3: Floors, Interior Walls and Ceilings. Every floor, interior wall, and ceiling shall
be adequately protected against the passage and harborage of vermin and rodents, and shall be
kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or
rotted flooring materials. Every interior wall and ceil ing shall be free of holes and large cracks
and loose plaster and shall be maintained in a tight weatherproof condition. Toxic paint and
materials with a lasting toxic effect shall not be used. Every toilet room and bathroom floor
surface shall be capable of being easily maintained in a clean and sanitary condition.
\
Subd.4: Rodent Proof. Every dwelling and accessory structure and the premises upon
which located shall be maintained in a rodent free and rodent proof condition. All openings in
the exterior walls, foundations, basements, ground or first floor, and roofs which have a 2"
diameter or larger opening shall be rodent proofed in an approved manner. Interior floors or
basements, cellars and other areas in contact with the soil shall be paved with concrete or other
rodent impervious material.
Subd.5: Fence Maintenance. All fences supplied by the owner or agent on the premises
and all fences erected or caused to be erected by an occupant on the premises shall consist of
metal, wood, masonry, other decay resistant material. Fences shall be maintained in good
condition both in appearance and in structure. Wood material, or other than decay resistant
varieties, shall be protected against decay by use of paint or other preservatives.
Subd. 6: Accessorv Structure Maintenance. Accessory structures supplied by the owner,
agent or tenant occupant on the premises of a dwell ing shall be structurally sound, and be
maintained in good repair and appearance. The exterior of such structures shall be made weather
resistance through the use of decay resistant materials such as paint or other preservatives.
55-22
CHAPTER V - BUILDING, LAND USE & REGULATIONS
Subd.7: Safe Building Elements. Every foundation, roof, floor, exterior and interior
walls, ceilings, inside and outside stair, every porch and balcony, and every appurtenance
thereto, shall be safe to use and capable of supporting loads that normal use may cause to be
placed thereon.
Subd.8: Facilities to Function. Every supplied facility, piece of equipment or utility,
required under City Ordinances and every chimney and flue shall be installed and maintained
and shall function effectively in a safe, sound and working condition.
Subd. 9: Grading and Drainage. During the period May through October, every yard,
court, passageway, and other portions in the premises on which a dwelling stands shall be graded
and drained so as to be free of standing water that constitutes a detriment to health and safety.
Subd. 10: Yard Cover. Every yard on a premise on which a dwelling stands shall be
provided with lawn or combined lawn cover of vegetation, gardens, hedges, shrubbery, and
related decorative materials and such yards shall be maintained consistent with prevailing
community standards. Motor vehicles may not be left parked or unattended on or within a yard.
Grass shall be maintained so not to exceed a height of 6 inches.
Subd. II: Discontinuance of Service or Facilities. No owner, operator, or occupant shall
cause any service, facility, equipment or utility which is required under this ordinance, to be
removed from or shut off from or discontinued for any occupied dwelling or dwelling unit let or
occupied by him, except for such temporary interruptions as may be necessary while actual
repairs or alterations are in process, or during temporary emergencies.
Subd. 12: Building identification. Every building shall have the assigned street number(~l
liisplayed on the building in such a position as to be plainly visible and legible from the streef
tronting the ~rty and as otherwise reguired by this code!
Every building shall have the owner's name, address and phone number posted on a sign
pr plaque within 2 feet of the main building entrance. If there is a rental agent or manager' th~
agent or manager's name, address and phone number shall also be posted, adjacent to the
bwner's. The number of occupants for which each rental unit is approved shall also be s~ted'
Such sign or plaque shall be permanently affixed to the inside of the building. The sign shall"g
~rinted in letters a minimum of 'A" in height and shall be worded according to the following
, I
form,
BUILDING OWNER
NAME
STREET ADDRESS
CITY, STATE, ZIP
PHONE NUMBER
AGENT/MANAGER
NAME
STREET ADDRESS
,.....
CITY, STATE, Zrr,
PHONE NUMBER
r
UNIT #
UNIT #
OCCUPANTS
I
OCCUPANTS
55-23
CHAPTER V - BUILDING, LAND USE & REGULATIONS
I Subd. 13. Motor vehicles. No inoperable or unlicensed motor vehicle shall be Rarked}
kent or stored outside of a comp.letely enclosed structure on any' rental p'roQSLrtyr-
I Subd. 13. Defaced property. It shall be the responsibility of the owner to restore any~
portion of a rental dwelling or rental property that has been damaged, mutilated or defaced by' the
hlacing of any' marking, carving.QLgJ;;affiti on any structurer-
I Subd. 14. Decorative features. All cornices, belt courses, corbels, terra cotta trim; wall
racings and similar decorativ..e features shall be maintained in good renair with 12!1mer anchora~
and in a safe conditionJ
I Subd. 15. Overhang extensions. All overhang extensions including but not limited tol..-.,
fanopies, metal awnings, fire escapes,~pjill2S, and exhaust ducts shall be maintained in good
rer-air and shall be p'rop'erly anchored~
I Subd. 16. Basement hatchways. Every basement hatchway shall be maintained to J2revent
the entrance of rodents, rain and surface drainage waterJ
Section 55.11: MAXIMUM DENSITY. MINIMUM SPACE. USE AND LOCATION
REOUIREMENTS. No person shall occupy nor permit or let to be occupied any dwelling or
dwelling unit for the purpose of living therein, which does not comply with the following
requirements:
Subd. I: Permissible Occupancy of Dwelling Unit. Every dwelling unit shall have at
least one room which shall have not less than 150 square feet of floor area. Other habitable
rooms, except kitchen, shall have an area of not less than 70 square feet. Where more than two
persons occupy a room used for sleeping purposes the required floor area shall be increased at
the rate of 80 square feet for each occupant in excess of two.
EXCEPTION: Nothing in this Section shall prohibit the use of an efficiency living unit within an
apartment house meeting the following requirements:
a) The unit shall have a living room of not less than 220 square feet of superficial
floor area. An additional 100 square feet of superficial floor area shall be provided
for each occupant of such unit in excess of two.
b) The unit shall be provided with a separate closet.
c) The unit shall be provided with a kitchen sink, cooking appliance and
refrigeration facilities, each having a clear working space of not less than 30
inches in front. Light and ventilation conforming to this Code shall be provided.
d) The unit shall be provided with a separate bathroom containing a water closet,
lavatory. bathtub or shower.
55-24
CHAPTER V - BUILDING, LAND USE & REGULATIONS
Subd.2: Minimum Ceiling Height. In order to qualify as habitable, rooms shall have
clear ceiling height of not less than 6 feet 6 inches, except that in attics or top half stories Llsed
for sleeping, study, or similar activities, the ceiling height shall be not less than 6 feet 6 inches
over at least 2 of the floor area. I n calculating the floor area of such rooms in attics or top hal I'
stories, only those portions of the floor area of the room having a clear ceiling height of 5 feet or
more may be included.
Subd.3: Access through Sleeping Rooms and Bathrooms. No dwelling unit built after
1940 and containing two or more sleeping rooms shall have a room arrangement such that access
to a bathroom or water closet compartment intended for use by occupants of more than one
sleeping room can be gained only by going through another sleeping room. A bathroom or water
closet compartment shall not be used as the only passageways to any habitable room, hall,
basement or cellar or the exterior of any dwelling unit.
Section 55.10: FIRE PROTECTION. ,'\11 rental dwelling units shall be equipped with at
least one fire extinguisher and one carbon monoxide detector placed at locations within the
dwelling as approved by the compliance officer. Each rental dwelling unit shall also have an
operating smoke detector on each level of the unit. ,'\11 buildings shall be subject to the Uniform
Fire Code.
~ection 55.12 PARKING. The parking standards shall be as stated in Section 52.10 oL
this code. The building official shall inspect and approve specific parking spaces for each rental
broperty which is subject to this section and the approved spaces shall be designated id
fonjunction with the rental license. The owner and occupants of the lli:m~rty. shall not illOW
p'arking"Wl}.;where other than on am~roved l2arking1!p.acesJ
I
a.
Location. Parking spaces shall be located in a garage or on approved drivewa~
~urfaces which lead to a garage or a side yard. Vehicles shall not be parked od
grass, dirt, in front yards, backyards, or in any other location which is tot arl
~p'p'roved Rarkingj!.pace and which does not adhere to these standards.
b.
Enforcement. Property owners are specifically advised that they, as well as their
tenants, are responsible for enforcing these parking regulations and they ard
~equired to exercise effective control over their tenants and others visiting o~
psing the property. The legal enforcement of these parking standards shall b~
joint responsibili!y' of the building official and the Rolice dep.artmentl
I
c.
Time for compliance. Any licensed rental property in existence at the time oL
~doption of this article which cannot readily provide parking spaces as required
by this code may request permission from the building official for time to comJ
into compliance with those subsections, which may be approved, in writing, fo~
~eriod oftime not to exceed one year from the date of adoption of this article. Ali
properties which are subject to this section shall immediately' comPly. with thr
bther reguirements of this section'
55-25
CHAPTER V - BUILDING, LAND USE & REGULATIONS
Section 55.11. PROHIBITED CONDUCT ON LICENSED PREMISES'
t.i!) Disorderly conduct. It shall be the responsibility of the rental license holder to
lake appropriate action to prevent conduct by occupants and their guests orr
licensed premises which is hereby deemed disorderly' and which is in violation of
~y. of the following statutes or ordinancesr
,1.
, which nrohibits disorderI~
St. Josep'h Code, Chapter 50, Article V, Sec.
~onductJ
. .
St. Joseph Code, Chanter 50, Article V, Sec.
parties or assemblies I
Minnesota Statutes ~~ 609.75 through 609.76, which prohibit gambling~
Minnesota Statutes ~.~ 609.321 through 609.324, which Qrohibit Qrostitution and
?cts relating thereto!
Minnesota Statutes SS 152.01 through 152.025, and 152.027, subd. 1 and 2}
~hich prohibit the unlawful sale or possession of controlled substancesr-
Minnesota Statutes ~ 340AAO 1, which Rrohibits the unlawful sale of alcoholic
~everages!
Minnesota Statutes ~~ 97B.021, 97B.045, 609.66 through 609.67 and 624.712
fhrough 624.716, whichnrohibit the unlawful nossession, transnortation, sale oJ
).lse of a weaponJ
Minnesota Statutes ~ 609.72, which prohibits disorderly conduct, when the
:Violation disturbs the peace and quiet of the occupants of at least one unit ~n the
pcensed premises or other Qremises, other than the unit occuQied by. the Qerson(i)
~ommitting the violationf
Minnesota Statutes ~~ 609.185, 609.19, 609.195, 609.20, and 609.205, whicH
prohibit murder and manslaughter!
!LL::.Minnesota Statutes ~.~ 609.221, 609.222, 609.223, and 609.2231, which Qrohibit
assaultf
~Minne~ota Statutes ~~ 609.342, 609.343, 609.344, 609.345, and 609.3451, whicH
prohibit criminal sexual conduct!
~Minnesota Statutes ~ 609.52, which prohibits theft!
~Minnesota Statutes ~~ 609.561, 609.562, 609.563, 609.5631, and 6095632, whicH
prohibit arson!
14. Minnesota Statutes ~ 609.582, which prohibits burglary~
~ 5. Minnesota Statutes ~ 609.595, which Qrohibits damage to nrope!!YJ
2.
, which Qrohibits nois~
B.
I
it.
~.
o.
fl.
8.
9.
r~) Enforcement of disorderly use violations. A violation of any of the foregoing
prdinances or statutes is established by a finding of guilt by a court of competent
jurisdiction, even if there is a stay of adjudication or other post-conviction order~
pr proceedings. The building official shall notify the property owner when anr .
~uch charges are brought against a tenant or guest unless Qrohibited from doing~
~y. law.r
tD.__-first violation. Upon determination by the building official or a law enforcemeJrl
officer that a disorderly. use violation as enumerated above occurred on a rental
55-26
~
CHAPTER V - BU[LD[NG, LAND USE & REGULA T[ONS
property, the building official shall notify the owner of the rental property of the
riolation and direct the owner to take appropriate action to prevent further
riolations. All'hotices required by this section shall be in writing, delivered
personally' to the owner or sent by' first class mail to the owner's last knowrl
addressf
(~) Second violation. If a second disorderly use violation occurs on the renta\
~roperty by the owner or the same occupant, or by a family member, roommate~
br guest of the owner or occupant, within 3 months of an incident for which not~
ras given under subsection (1), the building official shall notify the owner ofthcl
rental property by certified mail of the violation and shall require the owner of th~
~ental property to submit a written report of the actions taken, and proposed to b[
~ken, to prevent further disorderly use of the premises. This written report shall
be submitted to the building official within 14 da);s of the 'flate of mailing of the"
bertified letted
ClL__,Third violation. If a third disorderly use violation occurs on the rental property ,Q~
the owner or the same occupant, or by a family member, roommate, or guest of
~he owner or occupant, within 3 months after the second previous instanc~ of
aisorderly use, when notices were sent to the owner of the rental propertY.
bursuant to this section regarding the first and second instances, the rental license
tor the subject dwelling, dwelling unit or rooming unit shall be sus~nded by' thl
kLtY. council for an initial Qeriod Up' to 90 day'sr
(1)--,Subsequent, violation. If another disorderly use violation occurs on the rentaL,
property by the owner or the same occupant, or a family member, roommate, on
guest ofthe owner or occupant, within 12 months after the end of a suspensiorl
period, the city council may suspend the rental license for up to an additional
~ear. In lieu of suspension, the city council may impose a fine equivalent to t'g
~ent for the cumulative sus~nsio.1l...RS:riods under (2) and (1) of this sectionl
(2,) Eviction or vacation. It shall not be considered an instance of disorderly use if the
~enant is evicted or voluntarily vacates the licensed premises prior to the hearin{
before the city council and within 2 full calendar months after the determinatiod
by the building official or law enforcement officer that disorderly use ha~
Lccurred and notice of the determination has been sent to the licensee!
Section 55. [4: UNF[T FOR HUMAN HABITA T[ON.
Subd. 1: Vacation of Building. Any dwelling, dwelling unit, or rooming unit which is
damaged, decayed, dilapidated, unsanitary, unsafe, vermin or rodent infested, or which lacks
provision for basic illumination, ventilation or sanitary facilities to the extent that the defects
create a hazard to the health, safety or welfare of the occupants or of the public may be declared
unfit for human habitation. Whenever any dwelling, dwelling unit, or rooming unit has been
declared unfit for human habitation, the Compliance Official shall order same vacated within a
55-27
CHAPTER V - BUILDING, LAND USE & REGULATIONS
reasonable time and shall post a placard on same indicating that it is unfit for human habitation,
and any operating license previously issued for such dwelling shall be revoked.
Subd.2: Reoccupation. It shall be unlawful for such dwelling, dwelling unit, or rooming
unit to be used for human habitation until the defective conditions have been corrected and
written approval has been issued by the Compliance Official. It shall be unlawful for any person
to deface or remove the declaration placard from any such dwelling, dwelling unit or rooming
unit.
Subd.3: Secure Units and Vacated Dwellings. The owner of any dwelling, dwelling
unit, or rooming unit which has been declared unfit for human habitation, or which is otherwise
vacant for a period of 60 days or more, shall make same safe and secure so that it is not
hazardous to the health, safety and welfare of the public and does not constitute a public
nuisance. Any vacant dwelling open at doors or windows, if unguarded, shall be deemed to be a
hazard to the health, safety and welfare of the public and a public nuisance within the meaning of
this Ordinance.
Subd.4: Hazardous Building Declaration. In the event that a dwelling has been declared
unfit for human habitation and the owner has not remedied the defects within a prescribed
reasonable time, the dwelling may be declared a hazardous building and treated consistent with
the provisions of Minnesota Statutes.
Section 55.15: COMPLIANCE ORDER.
Subd. I: Issuance. Whenever the Compliance Official determines that any dwelling,
dwelling unit, or rooming unit, or the premises surrounding any of these, fails to meet the
provisions of this Ordinance, he may issue a Compliance Order setting forth the violations of the
Ordinance and ordering the owner, occupant, operator or agent to correct such violation. This
Compliance Order shall:
a) Be in writing.
b) Describe the location and nature of the violations of this Ordinance.
c) Establish a reasonable time for the correction of such violation and notify of
appeal recourse.
d) Be served upon the owner or his 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 any such occupant if a copy thereof is
I. Served upon him personally, or
2. Sent by registered mail to his last known address, or
3. Upon failure to effect notice through (a) and (b) as set out in this section,
posted at a conspicuous place in or about the dwelling which is affected by
the notice.
55-28
CHAPTER V - BUILDING, LAND USE & REGULATIONS
Subd.2: Right of Appeal. When it is alleged by any person to whom a compliance order
is directed that such compliance order is based upon erroneous interpretation of this Ordinance,
such person may appeal the compliance order to the Planning Commission sitting as a Board of
Appeals. Such appeals must be in writing, must specify the grounds for the appeal, must be
accompanied by a filing fee in an amount as may be established by resolution of the City
Council, paid in cash or cashier's check and must be filed with the City Administrator/Clerk
within five (5) business days after service of the compliance order. The filing of an appeal shall
stay all proceedings in furtherance of the action appealed from, unless such a stay would cause
imminent peril to life, health or propel1y.
Subd.3: Board of Appeals Decision. Upon at least 5 business days notice to the
appellant of the time and place for hearing the appeal, and within 45 days after said appeal is
nIed, the Board of Appeals shall hold a hearing thereon, taking into consideration any advice and
recommendation from the Compliance Official. The Board of Appeals may reverse, modify, or
affirm, in whole or in part, the compliance order and may order return of all or part of the filing
fee if the appeal is upheld.
Subd.4: Restrictions on Transfer of Ownership. It shall be unlawful for the owner of
any dwelling, dwelling unit, or rooming unit upon whom a pending compliance order has been
served to sell, transfer, mortgage, lease or otherwise dispose thereof to another person until the
provisions of the tag or compliance order have been complied with, unless such owner shall
furnish to the grantee, lessee, or mortgagee a true copy of any notice of violation or compliance
order and shall obtain and possess a receipt of acknowledgment. Anyone securing an interest in
the dwelling, dwelling unit, or rooming unit who has received notice of the existence of a
violation tag or compliance order shall be bound by same without further service of notice upon
him and shall be liable to all penalties and procedure provided by this Ordinance.
Subd.5: Penalties. Any person who fails to comply with a compliance order after right
of appeal has expired, and any person who fails to comply with a modified compliance order
within the time set therein shall be guilty of a misdemeanor. Each day of such failure to comply
shall constitute a separate punishable offense.
Subd.6: Reinspection. The Compliance Officer shall reinspect the property to determine
if the owner has complied with the compliance order. If compliance has not been completed
upon reinspection, the owner shall be assessed a $15.00 reinspection fee for that reinspection and
each subsequent reinspection for compliance. Failure to pay the reinspection fee shall constitute
a failure to comply with the compliance order.
Subd.7: Execution of Compliance Orders bv Public Authority. 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 may be resolution cause the
citied 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 provided by Minnesota Statutes, Chapter
429, but the assessment shall be payable in a single installment.
55-29
CHAPTER V - BUILDING, LAND USE & REGULATIONS
Section 55.16: ALTERNATIVE SANCTIONS. Notwithstanding the availability of the
foregoing compliance procedures and the penalties, whenever the Compliance Official
determines that any dwelling, dwelling unit, or rooming unit or the premises surrounding any of
these fails to meet the requirements set forth in this Ordinance, the Compliance Official may
issue a violation tag summoning the responsible person into court or request the issuance of a
criminal complaint and arrest warrant.
Section 55.16: PENALTIES. Any person violating any of the provisions of this
Ordinance by doing any act or omitting to do any act which constitutes a breach of any section of
this Ordinance shall upon conviction thereof by lawful authority, be guilty of a misdemeanor,
punishable as herein defined. Each day that a violation continues shall be deemed a separate
punishable offense. No provision of this ordinance designating the duties of any official or
employee of the City shall be so construed as to make such official or employee liable for the
penalty provided in this section because of failure to perform such duty, unless the intention of
the City Council to impose such penalty on such official or employee is specifically and clearly
expressed in the section creating the duty.
Section 55.17: SEPARABILITY. Every section, provision, or part of this Ordinance is
declared separable from every other section, provision, or part to the extent that if any section,
provision or part of the Ordinance shall be held invalid or unconstitutional, it shall not invalidate
any other section, provision or part thereof.
55-30