HomeMy WebLinkAbout[06] Ordinance Amendments
CHAPTER V - BUILDING, LAND USE & REGULATIONS
ORDINANCE 55
HOUSING, MAINTENANCE AND OCCUPANCY ORDINANCE
Section 55.01: 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, general welfare and health, including the physical,
mental and social well being of persons occupying dwellings within St. 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 pre';ent slums and blight;
g) To preserve the value ofland and buildings throughout the City.
h) To assure that rental housing in the Citv is decent. safe and sanitarY. and is so ._u_u_{ Formatted: Indent: Left: 0.5", Hanging: 0.5" ]
operated and maintained as not to become a nuisance to the neighborhood or to
become an influence that losters blight and deterioration or creates a disincentive
to reinvest in the community.
i) To insure owners and/or ooerators of rental units are responsible to take such
reasonable steps as are necessarv to assure that the citizens of the City who
OCCUPy or live bv such rental units may pursue the quiet enioyment of the normal
actiyities of life in surroundinf,!,s that are: safe. quiet. secure and sanitary: free
from crimes and criminal actiyity: and free from nuisances and annoyances.
[COMMENT TO COMMENT: WE HA VE DELETED THE REFERENCE WHICH TI-IE
PLANNING COMMISSION FELT TO BE TOO EDITORIAL IN NATURE. WE HA VE
55-0
CHAPTER V - BUILDING, LAND USE & REGULATIONS
ADDED ADDITIONAL PURPOSES r-OR THE RENTAL ORDINANCE WI-IICI-j WE
BELIEVE IS NECESSARY TO ENFORCE TI-IE VARIOUS REGULATIONS RELATING TO
CONDUCT Or- TENANTS AND CONTROL OVER NOISY PARTIES. WE ALSO
INCLUDED LANGUAGE FROM OTHER ORDINANCES WI-IICI--I ARE SIMILAR TO ST.
JOE'S ORDINANCE IN TI-IA l' THE CITY PLACES THE RESPONSIBILITY ON THE
LANDOWNER/OPERATOR TO INSURE THAT TENANTS ACT IN A MANNER WHICH
IS RESPONSIBLE. THIS IS NOT UNUSUAL AND WE BELIEVE IT NECESSARY TO
PLACE THAT STATEMENT IN THE PURPOSE AND SCOPE SECTION OF THE
ORDINANCE.l
I
To the c);tent that any standards of this article apply only to rcntal properties in R I and
R 2 districts of the city, such standards are based on a finding by the city council that lo',\' density
residential neighborhoods in the city are comprised primarily of owner occupied single family
d....ellings and arc designed and intended to be quiet, orderly, and safe neighborhoods for
children and others, and that the quiet enjoyment and value of properties in such neighborhoods
may be adversely impacted by the existence of rental properties occupied by groups of unrelated
adults, where occupants tend to have more motor vehicles, gcncratc grcater traftic and parking
congestion, and generate other adverse impacts on thc neighborhood such as noise and disorderly
conduct. I _-----
--------------------..-.-.----------------------------------------------------------------------------------------
Subd. 2. With respect 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
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 available 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.
~u6a. 3!Excepfa:s'oIl1erWise~specifiCillfprovided, alllicenS'oo rental propeme.s iri
eXistence on the effective date of this article sh~l~ sl.lbject.1Q.the follQwing limitatiQIlsr
II
a.
Rental properties shall be inspected in ffite---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 commencing August 15January I, 2008, which shall be valid for up to one
provided that each such property shall be brought into full
the standards established by this article by no later than
Failure to do so shall result in expiration of
midnight on December 113+, 20lQ09tuu_u__------
twe-years,
compliance with
August 14. December 31, 20lQ09.
the license for the property at
b.
55-1
Comment [01]: The Planning Commission
questioned. the need for this paragraph and if it is
more editorial in nature.
Comment [02]: The City currently licenses all
properties annually and would like to continue the
same policy. The rental license period should be
from August 15 to midnight August 14.
CHAPTER V - BUILDING, LAND USE & REGULATIONS
'lUl4l1)ay therefore De waive<l lfum meeting certain requireme~ts ~fthIs!
l" . i~: Built-in deficiencies which will be waived will be thoSe tfiat'ili~
iI.;<j 'g'official flilds to have been ineonformance with all appli
!~,ti:ift!.:i.l;, :if' :ii. ';'~ .-".,'. _, ~::';' 11.ii;''i':'" J:;. ",,,Ji"~
me.the w9rkwas done and thatare not causmg adve ,:e
r, w e!Y...of~the~"~ants of,the'rentaldwelling.!:!!!it
C:', ' I~,edi.ate action. Nolliing in llilS ~cti~n~h,all prevent the builaing official tro,
~pg any immediate enforcement or oorrective action allowed by this artic~e in
the event a cond.iti~n exists which causes~aJisk.oiseriOl1s,barm to the,~ubli
kealthor safetyJ
ii:Inconsist~ncy wi~, other~gulations. If an~ ~~d of this article is inconsiste.nt w.m
~ ~o. ther applicabi~;tocal, state ~rJ.edenn;law:role,or,.. :.'regylati~Di,th~.~r
. ~ 'hgent reQuirement shaltap.pJyi.l
ICOMMENT TO COMMENT: SEE CHANGESl
Formatted: Numbered + Level: 1 +
. Numbering Style: a, b, c, ... + Start at: 4 +
"_, Alignment: Left + Aligned at: 0.5" + Tab after:
.... ", 1" + Indent at: 1"
""'>{ Formatted: Indent: Left: 0"
"{ Formatted: 1ndent: First line: 0"
Section 55.02: APPLICABILITY OF ORDINANCE, Every building and its premises
used in whole or in part as a home or residence, or as an accessory structure thereot: 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 building may have been constructed, altered, or repaired,
This ordinance establishes minimum standards for erected dwelling units, accessory structures
and related premises.
Dormitories located on the campus proper of the College of St. 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 tlnds 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 College of St. Benedict represents that 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:
I
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
55-2
CHAPTER V - BUILDING, LAND USE & REGULATIONS
f) Residence Assistants (live with students)
g) Faculty Residence (live with students)
h) Residence Directors (live with students) 1_______________________________________________________------
rCOMMENT TO COMMENT: THE CITY SHOULD CHECK WITH THE COLLEGE TO
DETERMINE WHETHER Tim VARIOUS INSPECTIONS LISTED IN TI-IE ORDINANCE
ARE BEING COMPLETED BY THE COLLEGE. TI-IE COLLEGE SHOULD ALSO SUBMIT
AN ANNUAL REPORT WITH RESPECT TO THESE INSPECTIONS. THE REPORT
SHOULD COME TO THE CITY. WE MA Y WANT TO INCLUDE ANOTHER
SUBDIVISION WHICH REQUIRES THE COLLEGE TO PROVIDE THE REPORTS TO THE
CITY. WE HA VE ALSO MADE CHANGES TO STATE MORE CLEARLY THAT TI-IE
COLLEGE IS REPRESENTING THAT IT CONDUCTS THESE VARIOUS TESTS AND
FOLLOWS THE VARIOUS PRECAUTIONS.]
Subd. 2: The College of St. Benedict represents that t+he following other precautions are
taken to protect the students in addition to the numerous inspections listed above:
~)
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)
Instructional classes on the use of fire extinguishers
g)
h)
Classes in fire prevention
Comment [03]: Questioning whether this is
practice is currently being done since it is the
existing. They also are questioning if this refers to
all College housing or just the residential homes that
are rented.
Sprinkling systems installed where needed 1_____________________________________________________------ Comment [04]: Again. questioning if this
practice is currently being done. If not. should it be
reamoved?
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.
S.iitXf:':2 :-::"A1!u)f'li""A"'Jjeoon:.l'S;Y-e.ars::of age:o(oJ<1:er.1
55-3
CHAPTER V - BUILDING, LAND USE & REGULATIONS
Subd.3: Building. Any structure erected for the support, shelter, or enclosure of person,
animals, chattels, or movable property of any kind.
uilain . The Minnesota State Builaing COd~ and optional codes
. Ordinance 5 I Sec. , as L.mended fro~,tiine,to~tim.etnn__mn_______nm__
Comment [OS]: Reference needs to be filled in.
. ... cial. The person ae~i~~te(i'6Ycllie city' 1lS its builCling u <cia
~signa.. ~.~...th.eJ>_uildiIig'omcl!LtO;J).erfhFm:any..of..the~func.iiQns:ot the
s. "i'l J
Subd. 6: Compliance Official. The l3uilding 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 1 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, if vacant, 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: Efficiency 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.
;i&l8JT.an~
t
'1.
, safe.means of.
. onaLelectrica1
hi
j)f~ffie..b.uilliing
Subd. 13: Family. Shall have the same meaning as adopted lin Ordinance 52. Seettoo
===:;-Subd.ll~ of this Code of OrdinancesL.___nnmmmnn______nmnn___mnnnnm___n_ um___. .' Comment [06]: Reference needs to be added.
S-ubd.'11!t~Eire, code...1'he~p.az:LQf..t.li~6iii~g~~adOOted,b;y"the.citYJ
I Subd. 15. Floor area. The net floor area within the enclosed walls of a room in
which the ceiling height is not less than 7 feet, excluding areas used for closets and built-in
55-4
CHAPTER V - BUILDING, LAND USE & REGULATIONS
equipment such as cabinets, kitchen units, fixtures and appliances. L______________________________________------
[COMMENT TO COMMENT: THE INCONSISTENCIES HA VE BEEN CORRECTED. THE
ORDINANCE HAS BEEN CHANGED THROUGHOUT TO REFLECT A CEILING HEIGl-IT
OF NOT LESS THAN SEVEN FEET.l
Subd. 16. Flush Water Closet. A toilet, 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. 18: 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 120 degrees
Fahrenheit, or such lesser temperature required by government authority, measured at faucet
outlet.
,ulXl721';' 'InteStiiti'on,TIie
e dwelli~mises
. orotli'et.-'~ WiUi1il;O~
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 utensils.
~2"'5.~ImCJ1a'ffii58lrcWell'Pal~t'.o.'Lth~ffiimJin~~~adoRtecr'bX Ule cityJ
Subd. 26: Multiple family dwelling. A dwelling or portion thereof containing three or
more dwelling units.
Slio.a::21:'" 'NUisance;" Niiisanc.eliS!
55-5
Comment [07]: There are inconsistencies
throughout the Ordinance. In this text it refers to
ceiling heights less than 7 feet and further in the
Ordinance it refers to ceiling heights less than 6' 6"
and another area 5'.
CHAPTER V - BUILDING, LAND USE & REGULATIONS
>y nuisance as defmed by this article of other pr?vi~ion of this .cod .
"y !luisance as defined by state or fed€ral'law of regulation
y .p'u~lic nuisan~ .!mown at corl1m9n 1!"'t'or~!Ii;iequity jurispruoe ~
y,attf.active nuisance that may prove detrimental to children whetH~r,'
iit, ",lii""',,,,,w :~"1ifj;'$}' ',1' ~,,*'
,,'iit,!" ip&; O? the premises ~f aJ?uiLdin~ ~r.9n ~ un~?I?!~ l?~ .
q,t~~s>thmlted ~o any abandoned w~U, ~pllft"l5,~ent,or excl!ya .. " ""..
1!atld~p.ed refrigerators and motor ve~lcles; ~y s~.~furaJly unsoun fences o~
~Qtw;~r' . ~and,anv"lumber."trash."debns,or~v;elZetatlon.thatmaY..P1'Q\\(ta.hazar.d~tO
~liildren
15. Whatever is dangerous to human life or is detrimental to health as
-determined by
-the building official.
rOwdin~ a roo01, with :bccupantS
dent ventilation or illumination.
ya,i! or unsanitary sewage or pllUn6iiigTacilitie5L
ever renders air, food or drink un;wholesorne or detrimental ,tht
'>, ot:liuman ui~,deteni1ine<lib}l;ih~', ,f ':ldiD fficial
rCOMMENTTO COMMENT: THE REFORMATTING ERROR I-IAS BEEN CORRECTED.]
Subd. 28: Occupant. Any person (including owner 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, or 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. 3 I: Permissible occupancv. The maximum 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 supplied 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, lavatories, bathtubs, shower baths,
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.
55-6
;; Comment [08]: Formatting error. It should be
continuous not broken on three lines.
CHAPTER V - BUILDING, LAND USE & REGULATIONS
S1Ilil:~Plumoin~\'COae.':'P8ffof:the'5uilomg:ooae ~Jhe 'Ci~l
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 nonputresciblc waste solids including garbage and
rubbish.
~''''''''~''''SUlXt;''J:8!'''Rerateal6'\?6rooa''marriliie'of~tiOn:: Wllole 'or 'hatIrel'atiOri'Sl:il!Y'BetWti
persons through a common ancestor or descendant or by a relationship as husband, ~r
~.Pl p!!:ent. steochild..oarent and le~lly ~.~ child. or fosteq'~nt and state assi~
~
.rsort,6'ls me representative of an owner~offeri
....'. =yAor"; ::.'.6e.t.:,~..u."~ ....' 1....;W miles pro...'J...perty.th.U"l'1T"........'.re~..~...':.'~Q~~be. ,\~"/..j <0._'[09]' "".~'" '" m".
f the rental p(cjperty,~Wil~ that ~ l~ a if .?(8J1~e~t; b~ilding. Noti~ or orde
. rved on a rental a ent'shaII be deem d to ' ""set'Yed on the owner of them:2~.4
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 living 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.
Subd.46: Safety. The condition of being reasonably free from danger and hazards
which may cause accidents or disease.
55-7
CHAPTER V - BUILDING, LAND USE & REGULATIONS
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, provided 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", ti:enta.l~P..IQPe"!!yj or "structure" arc used in this ordinance, they shall be construed as
though they were following by the words "or any part thereof'.
Section 55.04: LICENSING OF RENTAL UNITS.
Subd. I. Limitation on rental properties.
In R 1. R 2. R 3 and R 'I districts in the city, no more than 20 percent of the residential houses,
including patio homes, rowhouses, tmvnhouses, and twin homes, on a single block shall be
grunted rental housing licenses. For purposes of this section the word house shall mean a single
structure containing one or more rental units. ,\ single block shall be defined as the houses on
both sides of a street bct'n'cen suecessi', e intersecting streets 01' between other such boundaries
including collcge campus boundaries, railroad rights of wa)', eorporatc limit lines, or physical
features such as rivers, outcroppings, ponds or lakes. Corner houses shall be included in the
count of houses on a single block, regardless of ,....hich way they face or on what street the)' are
addressed (corner houses may be counted as part of more than one single block).
~E)(eeption. This limitation shall not apply to rental propertics which arc validly licensed .._.u._{ Formatted: Bullets and Numbering
as ofthc date of adoption of this article, including properties which have becn sold
and re licensed, although thcy ...,.ill be counted among the 20 percent of allowable
rental houses on a single block for purposes of detcnnining .....hethcr new licenscs may
be issued. l.. __ ___ __ __. __ u. _. U _ _. _ _. _.... _ _.... _... __... __ __. __............... __... __....u __ U u. U _ ___. _ _ __ .....,
a. B-J Property. Any property\vhic;h. is. rt:ntt:d.in__an..r~__ 1. a.reamust be owner_~..
occupied and the owners residing on the property must own 100% of the \.
properties and the owners may not exceed two in number. In such an \.
owner-occupied rental. the rooms rented must not contain separate kitchen \..
facilities and the rooms rented may not be intended for use as an '~:..
independent residence. In addition: '.::.\
\..:
I)
the property must satisfy the parking requirements contained in the -'.
St. Joseph Ordinance: .....
... i Formatted: Indent: Left:
Comment [010]: The Planning Commission
does not want to reference a percentage of the block
with regard to license availability. Rather, they
would like to change the provision in the R I Zoning
district to change the ownership requirement for
owner occupied rental from the current 50% to
100%. In addition they would like to strengthen the
renewal process and require proof of ownership
annually with renewal. This proof must be a
recorded document.
Formatted: Underline
Formatted: Underline
'.
Formatted: Indent: Left: 1", Hanging: OS'
1.5", Hanging: 0.5" ]
2)
the rental units must:
a) have a ceiling height of at least seven (7) feet:
b) contain adequate yentilation and fire escapes as detcrmined .-------{ Formatted: Indent: Left: 2", Hanging: 0.5"
the building official: and
c) meet all applicable rental codes as outlined in Ordinancc
55.
55-8
CHAPTER V - BUILDING, LAND USE & REGULATIONS
b.
R-2 Property. In the R-2 zone. single-familv dwellings mav onlv be
owner-occupied as set forth above in Section 55.04. Subd. I(a). Two-
familv dwelling units must be owner-occupied in at least one of the
dwelling units. The owners residing on the propertv must own 100% of
the properties and the number of owners mav not exceed two in number.
- --.... { Formatted: Indent: Left: A"
._'h'__{ Formatted: Indent: Left: 1", Hanging: OS'
c. R-3 Property. The R-3 district is intended to provide a district which will
allow a higher density of residential development where Citv sewer
services are available. subiect to the terms of the various application St.
Joseph Zoning Ordinances.
d. R-4 Property. In the R-4 district. rental of properties is not allowed.
except lor housing exclusivelv dedicated to housing the elderly or persons
age 55 or older.
..--.--.{ Formatted: Indent: Left: A"
rCOMMENT TO COMMENT: WE HA VE MADE CHANGES CONSISTENT WITH THE
SUGGESTIONS BY THE PLANNING COMMISSION. PLEASE REVIEW CAREFULL Y
SINCE RENTAL UNITS IN EACH OF THE RESIDENCE DISTRICTS ARE TREATED
DIFFERENTL Y BASED ON THE CHANGED REQUESTED AND THE CURRENT ZONING
SCHEME.l
rCOMMENT TO COMMENT: WE HA VE CHANGED THE ORDINANCE TO REFLECT
THE PLANNING COMMISION'S WISHES. THERE IS NO LONGER A PERCENTAGE
CAP ON TI-IE AVAILABILITY OF RENTAL UNITS IN R-I AND R-2 AREAS. HOWEVER.
TI-IE OWNER/OCCUPANT REQUIREMENT HAS BEEN CHANGED TO A
REQUIREMENT THAT THE OWNER/OCCUPANT BE REPRESENTATIVE OF 100% OF
THE OWNERSHIP INTEREST IN THE PROPERTY AND THE NUMBER OF OWNERS
MA Y NOT EXCEED TWO IN NUMBER.l
Subd.3: Registration. No person shall operate rental property in the City ofSt. Joseph
without first having properly made and filed a registration statement with the Compliance
Official. and without first securiflg a valid rental license from 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. Joseph, as they may relate to rental
property. In the case of any rental property occupied on or before February I, 1981, the
registration statement shall be filed before February 1, 1981. In the case of rental property
completed and ready for occupancy after February 1, 1981, a registration statement shall be filed
and a rental license secured prior to the occupancy of the dwelling. The registration statement
55-9
CHAPTER V - BUILDING, LAND USE & REGULATIONS
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)
[COMMENT TO COMMENT: WE HA VE DELETED THE PORTIONS REOUESTED BY
THE PLANNING COMMISSION.]
c) Such other information as the Council may require.
IPrior 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 CityL_______---.--
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 provided by the
Compliance Official to the owner of rental property and mailing said fOlm together with the
required registration fee to the Compliance Official.
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.
55-10
Comment [011]: This is currently not the
practice. The Ordinance requires a manage within
30 miles so they believe this can be stricken.
Comment [012]: Delete this section. If the
property meets the requirement for a rental license
the property owner should not have to appear before
the Planning Commission. This practice is currently
not being done.
CHAPTER V - BUILDING, LAND USE & REGULATIONS
Subd. 6: Transfers. Every new owner of a rental property, (whether as fee owner,
contract purchaser, lessee of the entire dwelling, or otherwise) 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 day of August of each year.
A delinquency penalty of 4% of the license fee for each day of operation without a valid
license shall be charged to operators of rental dwellings. Once issued a license 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 the case of new unlicensed dwellings,
license fees shall be due upon the issuance of the certificate of occupancy; in the cases of
licensing periods of less than one year, license fees shall be pro rated by month.
Subd. 7: Inspection Condition. No operating license shall be issued or renewed unless
the owner of rental units agrccs in his application to permit inspections pursuant to this
Ordinance.
Sl'i@: 8. In:SDecti'OOsReduifet'Q
riBrhe building official shall inspect property for compliance with this article upon
application for a rental housing license and every two years thereafter, except as
otherwise expressly provided. No license shall be issued except upon a
satisfactory annual inspectionl__h____hh________hh________h_ _____ hh_hh______hm hh____------{ Comment [013]: This should be annual.
[COMMENT TO"~flI::"SeE~NGE;]
rID':::JThe building official may sltal+-also inspect rental property upon receiving a 00ftft
fule-complaint from a complainant who leaves his/her name and address.
Anonymous complaints shall not be investigated-Lmhh_hhm______hhh_h___mhh___------
Comment [014]: The Planning Commission still
has concerns about what constitutes a bona fide
complaint. This is probably more discussion than
editing unless you can change the language to make
it more clear. The Planning Commission is
concerned that iftao many cars are parking outside
one night that the City will consider that a bona fide
complaint. Suggestions????
~~E~~~~~~=~
lfHE COMPI:AINT IS SElU@US)jHE.'WI,h~INSP,Ee1i"',JF,HE BELIEVES IIIS FRNILOUSJ
HE WILL MOST LIKEl,;;Y;~NOT rn'SBEtt;1
Formatted: Indent: Left: 0", First line: 0"
rg) ,,""'h' hi owner or
~at
ue
lSOry, ins
55-II
CHAPTER V - BUILDING, LAND USE & REGULATIONS
[~L~lfthe building official finds a violation of the standards imposed by this article at
any time after issuance of a rental license, the building official shall re-inspect
that property on an annual basis until the property has been free of all violations
for a period of one full year, at which time the property shall return to the usual
schedule of inspection. The property owner shall pay inspection fees. in amounts
determined by resolution of the city council from time to time, for any extra
inspections resulting from violation of this articleL__________________mmmmmmm___------ Comment [015]: The City does annual
... inspections so this area will have to be modified
from bi-annual to annual. The Commission
questioned how a violation will be handled with a
one year license requirement. Does the inspection
become bi-annual.
\( formatted: Indent: First line: 0"
ICOMMENT TO COMMENT: WE HA VE MADE TI-IE CHANGES WHICH REOUIRE AN
ANNUAL INSPECTION. IF THERE IS A VIOLATION. THE PROPERTY WILL BE
SUBJECT TO ADDITIONAL INSPECTIONS UNTIL TilE VIOLATION I-IAS BEEN
CORRECTED.l
(1) 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. I I: 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 infonnation:
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;
55- 12
CHAPTER V - BUILDING, LAND USE & REGULATIONS
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.
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 of St. 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 occur 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
license may then be issued upon completion of the revocation period.
very noticcHo'vaciite'sal ~ JlllKl itiantO being serve~ 6e posteCl at or uoon eacH
eiitnillce to the building, and shall beJn,substantiall}: the following form!
ftO'N'OT'ENTER1
UNSJ.ffE ORJLLEGAL TO OCCUP..Yi
55-13
Comment [016]: This should be changed to one
year license.
CHAPTER V - BUILDING, LAND USE & REGULATIONS
Comment [017]: The Planning Commission
does not think the last sentence is needed.
.-------{ Formatted: Indent: First line: 0"
rCOMMENT TO COMMENT: WE HA VE NOT CHANGED '1'1-1 IS SECTION. THIS
NOTICE IS NECESSARY TO PLACE THIRD PARTIES ON NOTICE NOT TO ENTER THE
BUILDING. IT IS ALSO NECESSARY TO PROVIDE NOTICE TO THE OWNER THAT HE
OR SHE IS NOT ALLOWED TO REMOVE THE NOTICE UNDER SUBJECT OF
PENALTY.I
No suspension or revocation of a rental license shall occur until the licensed owner has
been afforded an opportunity for a hearing ~o be conducted :p.~_r.~~_f!I1_t_~9._S_I.O~~i9}~?__I.~_._~?..t_l?J_~,?'Q_____ _-----{ Comment [018]: Delete to be conducted.
of the Minnesota Statutes. This hearing shall be evidentiary in nature and conducted before the
St. 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 licensed 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 Council 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 12 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 $ I ,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:
55- 14
CHAPTER V - BUILDING, LAND USE & REGULATIONS
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 tiled 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,
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 remainder 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
of St. Joseph and the laws of the State of Minnesota.
b) The owner of property for which the renewal of a licensee 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) In the event of non-renewal, the owner may not reapply for a rental license for a
period of eleven (II) months from the date of non-renewal, unless the owner
55-15
CHAPTER V - BUILDING, LAND USE & REGULATIONS
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) (I) 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 dwelling unit.
ril .;;'t license. Allows occuP~9Y ,~faa
, . .fiS!lu~re ?f a ren~ h,ousing Ii .,.
~pspensiOri""rev.ocation or"eXQiration,
ieenser
i~g; ~Uing uni! ,?r roOming W?!t'i>POJ:
'.. d'~Ywent oft1le license f~ or .
,a'';enbil,iiousing license,or reneW'l
ufll!,ncy. OcCupies?Qr811o\V~ ~p' " ~ot;a,ierita1~pi.Q~_J,$y;moJ:e
,~ 'of.. 'i'.,t1J;,<~ ,'J:.1i<i ~;;;;,.
e, " J ,y. 11Il
~. "",4"~MP~llg yacatea unit Occupies ol"i,iillo-ws oCcu~cYl'of a rental Pm~'"that
~~,and.orderedNacated'
[9
b;WS 'Occ~~Y'of li'roon.1~'
,0, .,;, 'fylas.~1B_._....-.{ Comment [019]: Should be and/or
~qn~..m.6j]:snA€E~O€€OP.'""AN:C~:MID:lliISEiSTANDAR:DS
'wnt . Ie 1 QtCj'
based on International Residential Code
.~t c urn~' SIiall'be:aesi2l18ted,'
,." In addition to that limitation, rental properties
in an R-I or R-2 district may not be occupied by more than 3 adult persons who are unrelated by
blood, marriage, or adoption, provided that a property owner may apply for a conditional use
permit to allow 1 or 5 unrelated adult persons to occupy a rental unit and such a permit may be
Comment [020]: How does this relate to the
definition ofa family. Shouldn't the occupancy be
limited to the definition not the IRe?
55-16
CHAPTER V - BUILDING, LAND USE & REGULATIONS
approved by the building official if the building official ean reasonably determine that the unit
has adequate square footage as designated by the IRC occupancy table to adequately house 4 or 5
people and that it contains 4 or 5 original or remodeled bedrooms (not bedrooms converted from
other uses such as living fOoms, dining rooms, hallways or closets) which conform to the
requirements of this article. The conditional use permit shall be automatically revoked in the
event of any violation of the occupancy requirements. The building official may impose
additional requirements as a condition of approval of such a special permit, including but not
timitcd to a requirement for additional approved off strcet parking spaccs.1 _-----
------------------------------.-
Comment [021]: The Planning Commission
does not want to add a provision for additional
tenants. They want to leave the R I as defined in the
Ordinance. They do not want to allow for increased
density.
Comment [022]: A question was raised as to
whether or not this could be re-worded to "shall be
used in a safe place". One of the members
questioned how a landlord can control the use of
extension cords.
.-------{ Formatted: Indent: Left: 0", First line: 0"
55-17
CHAPTER V - BUILDING, LAND USE & REGULATIONS
r6~z~I~~~~~g~~~~~~~~5~:;~t~;:=i~~~~NBEIDU
~CCQR;bIl\\JGn,~"HAYE"NO'li'iCHANGED"l'HE ORDINANCE.J
r~9~~~ ~€):;~~~NT:,~~.~~~. GHANGED"T-HE O1U5ll'lANCE TO,REOUIRE
m.W(M,>lJPItE!X"EEE@TR.ICAL,OlJ,mEa:s~t
Fct~;~;~;\!lSubd:~,J~~EXitS:.hand and lZUarOrailsl
f,,,,,,, ",,' s.u6.a'Jt~~ire.DrotectiOiil
55-18
.' Comment [023]: Should be times not tunes.
.' Comment [024]: Should this be duplex outlet
instead of two electrical outlets. The Commission
also questioned whether or not this section could be
referred to the State Code. This was not a burning
issue, more of a question.
formatted: Indent: Left: on, Firslline: On
Comment [025]: Questioned what MC is and
should it be spelled out.
CHAPTER V - BUILDING, LAND USE & REGULATIONS
~ffiCiat;rmay ""'~U~:idOiti6iIDlsffiolW"detecrors.-Whereoll'l1ditionat1>fut&tio..ri
fn!y~~
@
i:~h~.~I~~\eqU1ppe tH anree . "
gmipns ot~A'~~.~~~t~~.~~!.~J~.~tll1 ...,
ramv ,.,', ,'elliqg U11it or.::tn.Ji;J:Qrnmoo..haUway, or corridor within . 0,
ach.dwelli[!g'unit doo.i~
~Fire extinguishers shall be serviced at least annually. A tag with the name of the servicing
company and the service date shall be affixed to the extinguisher and shall remain affixed
until the next servicing.I......................... __................. .................. __............. __... __..._...-..
ICOMMENT TO COMMENT: WE HA VE NOT CHANGED THIS SECTION,
CURRENTL Y. FIRE EXTINGUISHERS NEED TO BE CURRENT ON A YEARLY BASIS.
EVEN IF THE LANDLORD USES A DISPOSABLE EXTINGUISHER. TI-IEY MUST BE
INSPECTED EACH YEAR.l
(e) Carbon Monoxide Detectors. All rental units shall be equipped with at least one .-'-"
carbon monoxide detector placed at locations within the dwelling as approved bv
the compliance officer. Each rental dwelling unit shall also have an operating
smoke detector on each level of the unit. All buildings shall be subiect to the
Uniform Fire Code.
Section 55.07 RESPONSIBILITIES OF OWNERS AND OCCUPANTS:
Subd. 1: Sanitation. No oV\'fIer or other person shall occupy or let to another person any
dwclling, dwelling unit or rooming unit unlcss it and the premiscs arc clean, sanitary, fit for
human occupancy, and comply witA all applicable legal requirements of the State of Minnesota
and the City of St. Joseph, including the follo'""ing requirements:
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.
55-19
-- Comment[026]: Should this be ABC
Comment [027]: Typo. should this be 50 feet.
Comment [028]: Many oflhe landlords use
disposable extinguishers so this does not apply.
Should additional language be added to cover other
types of extinguishers so that they are valid the entire
rental licensing period.
Also, the Commission noted that there is no
reference to Carbon Dioxide detectors, should this be
added?
Formatted: Indent: Left: 0", First line: 0"
Formatted: Indent: Left: OS'
CHAPTER V -BUILDING, LAND USE & REGULATIONS
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 of a 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. In 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.
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.
55-20
CHAPTER V - BUILDING, LAND USE & REGULATIONS
Subd. 10: Rodent Harborages Prohibited in Public Areas. No owner ofa 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. I I: 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: Sanitarv 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 eyery dwelling unit or
rooming unit when the control of the supplied heat is the responsibility ofa person other than the
occupant, a temperature of at lcast 68 degrees Fahrenheit or such lesser temperature required by
governmcnt authority shall be maintained at a distance of three fcct above the floor and threc feet
from e;(terior walls in all habitable rooms, bathrooms, and water closet compartmcnts 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 ofa multiple family dwelling or
dwellings shall be responsible for providing and maintaining effective illumination in all exterior
parking lots and walkways.
Subd. 15: 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 pf Section 52. I 0=== ofl_------ Comment [029]: Reference needs to be added
this Code of Ordinances.
Subd. 16: Maintenance of Yards. The owner ofa multiple family dwelling or dwellings
shall be responsible for providing and maintaining premises' yards consistent with Section
55.08.10.
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:
55-21
CHAPTER V - BUILDING, LAND USE & REGULATIONS
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 affords 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. IW[~J:1j!1..t::",t?r)'.g:"'t::mI}K~})H.~J:1.<:~~_,,_~?IJJ~e.?Jll.~ll.t_<?r)'_~[I}_~ whichu_-..---
is adequate for washing hands and face. 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.
ICOMMENT TO COMMENT: WE HA VE INCLUDED ADDITIONAL LANGUAGE AS TO
WHAT A LAVATORY SINK ENTAILS FOR PURPOSES OF THE ORDINANCE.]
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
55-22
Comment [030]: Question arose as this is not
defined in the definition section.
CHAPTER V - BUILDING, LAND USE & REGULATIONS
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
~4 to 38G 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 34 to 38G inches above ~~~_n()~~_()r~h~-'~()!_c.:~_~~_~_a!(;~l!)':_~v_~~y__~?_~~~(li!_a~~__________.-....
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. The conditions set forth in this Subd. 5 are not
considered built-in deficiencies.
[COMMENT TO COMMENT: WE 1-1 A VE INCLUDED ADDITIONAL LANGUAGE THAT
TI-IE CONDITIONS SET FORTH IN SUBD. 5 ARE NOT I3UILT-IN DEFICIENCIES. THE
REASONS FOR THIS ARE THAT THE CONDITIONS IN SUBD. 5 DEAL WITH SAFETY
MATTERS AND ACCORDINGLY, THEY ARE NOT BUILT-IN DEFICIENCIES. I3UILD-
IN DEFICIENCIES WOULD I3E THE SIZE OF THE RISER AND SLOPE or THE STEPS.
THESE ARE NOT THE TYPES OF CONDITIONS LISTED IN SUBD. 5.1
Subd. 6: ,\ccess to Dwelling Unit. ,\ccess to or egress from each dwelling unit shall be
provided without 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 ofthe 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.
55-23
Comment [031]: Questioned if this is the correct
height. Some Commissioners indicated that the
correct height is 34" to 38".
This item also added considerable discussion as to
whether or not an inadequate stairway is a "Building
Deficiency". It was stated that if it is not then a
number of rental units may not pass.
CHAPTER V - BUILDING, LAND USE & REGULATIONS
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.
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. 1: 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 facilities 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.
55-24
CHAPTER V - BUILDING, LAND USE & REGULATIONS
Section 55.10: GENERAL REQUIREMENTS. No person shall occupy as owner,
occupant or let to another for occupancy a dwelling or dwelling unit, for the purpose ofliving
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
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 surfacc of such wood surface is unpainted or
dctcrmined 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 stonc 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 easily 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 ceiling 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.
55-25
CHAPTER V - BUILDING, LAND USE & REGULATIONS
Subd.6: Accessory Structure Maintenance. Accessory structures supplied by the owner,
agent or tenant occupant on the premises of a dwelling 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.
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. I I: 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.
8ll~6~~:>::~~~=a~
I ['{cry building shall have the O\vner's namc, address and phone number posted on a sign
or plaque within 2 feet of the main building entrance. (fthcre is a rcntal agent or manager, thc
agent or manager's name, address and phone number shall also be posted, adjacent to the
o'.'mcr's. The number of occupants for which each rental unit is approved shall also be stated.
Such sign or plaque shall be permancntly affi:;ed to the inside of the building. The sign shall be
printed in letters a minimum 01":\" in height and shall be worded according to the following
fumr.
BUILDING OW~![R
,\GENT/MAN,\GER
55-26
CHAPTER V - BUILDING, LAND USE & REGULATIONS
n\ME
STREET ,^.OORESS
CITY, ST/.TE, ZIP
PI lONE NUMBER
N,\ME
STREET ,\OORm;;S
CITY, ST,\ TE, ZIP
PHONE NUMBER
UNIT fI
UN IT fI
OCCUP,\NTS
OCCUP,^. NTS L _ _ __ _ _ ____ _ _ __ __ ___ _ _ __ __ _ _ _ _ _ _ _ ____ _ __ _ _ __ _ __ ___ _ _ _ __________ - .--.-
I Subd. 13. Motor vehicles. No inoperable or unlicensed motor vehicle or "abandoned
vehicle" as defined in Ordinance 108.02. Subd. I. or "junk vehicle" as defined in Ordinance
108.02. Subd. 2. shall be parked, kept or stored outside of a completely enclosed structure on any
rental property-L ___ ___ _ _ ___ _ .___ _ _ __u_ __ _ _ __u_ ______ u___ __ _ _. ___ _ _ ___ _.u __ _ __ _ _. u_ _ ___ __. ____ - --- - .--- - - -- --. ---- - -- - -- - -- ..-
. _. ,coroeIs, tem(~tta trim; wal
~d rmilr with~llerJmcho~
If._ iinclu<ling btilhot'liml' . t
and eXhaust ducts shall be maintained in g~
u6a;~.-
canopies, metal awnings, fire escapes, Stan~.!
~pair and shall be~Y anchoredt
t.". " . Suba.~T16."Baseni'enf'hiitCliWiy~Everyoasemeht'hlifCnwaY.'sliaU"oo maintaiire.QJQ
PLevent the entrance of rodents. rain.andsUrface drainage watet:r
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.
55-27
Comment [032]: The Planning Commission
recommended this section be deleted. Section 55.04
subd 3 already requires this information and section
55.09 requires that the same be posted in a
conspicuous place.
Comment [033]: Should this section also
include a reference to the prohibition from parking
on the grass. as stated in this Ordinance and should
we also include a reference to abandoned vehicles.
Comment [034]: Typo. should be It
CHAPTER V - BUILDING, LAND USE & REGULATIONS
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.
ISubd.2: Minimum Ceiling Height. In order to qualify as habitable, rooms shall have
clear ceiling height of not less than 16 feet 6 inches, ~_~~_t:p.~.th~~_!!1__,!!~i_~~_~~_~()p'_~~IL~~().rj~~_~_~t:~____.....-
for sleeping, study, or similar activities, the ceiling height shall be not less than 16 feet 6 inches
over at least one-half ;t-of the floor area. In calculating the floor area of such rooms in attics or
top half stories, only those pOliions 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 smokc detcctor on each level of the unit. All buildings shall be subject to the Uniform
Fire Code.
55-28
Comment [035]: Inconsistency as stated in an
earlier section.
CHAPTER Y - BUILDING, LAND USE & REGULATIONS
~Time'ti,wOOrn",'="ipIOOl'Ce, ~A1i~li~nsea'rental'property,,' , " viii~~XiS\e~'8ti~""",.t~fi,i", e,.',;L,
adoption of this, article readily proyide parking' spaces ,as r,equi~
~y thiS}x~~"may req t,ro,m the' . ~g oj,pcilU f2,~':,:' '. s }n~,
Ii to "''''H'anc'e with, whi ",be ""ved, lIr, ., for'
f comp ,'",.' "",'Y"" ~.;""l" ,,'
period'of time l}ot to ,J<(, y.~ ~m the;:~ of ~ono~lthi ]f e.. 'AI
r-operties which,are su ," " to this section shall.immediately, co!!mJy...w.tth thl::
Other ~irements of this:Sectiori1
SeCtion 55.1t'PR@FnBITEDl€0NDU~!ON'tlCENSEDlPREMISKSl
~t. Joseph Code, Chapter 50, Article Y, Sec, _, which prohibits disorderly
conduct.
!r;'.....::::ISt. Joseph Code, Chapter 50, Article Y, Sec. , which prohibits noisy
parties or assemblies.
B,;."""~tinnesota Statutes ** 609.75 through 609.76, which prohibit gambling.
k. ,innesota Statutes ** 609.32 I through 609.324, which prohibit prostitution and
acts relating thereto.
5.~;,."itv1innesota Statutes ** 152.01 through 152.025, and 152.027, subd. I and 2,
which prohibit the unlawful sale or possession of controlled substances.
i5!.""'''''''''iJMinnesota Statutes * 340AAO I, which prohibits the unlawful sale of alcoholic
beverages.
~innesota Statutes ** 97B.021, 97B.045, 609.66 through 609.67 and 624.712
through 624.716, which prohibit the unlawful possession, transportation, sale or
use of a weapon.
~innesota Statutes * 609.72, which prohibits disorderly conduct, when the
violation disturbs the peace and quiet of the occupants of at least one unit on the
licensed premises or other premises, other than the unit occupied by the person(s)
committing the violation.
~Minnesotu Statutes ** 609.185,609.19,609.195,609.20, und 609.205, which ....-----{ Formatted: Bullets and Numbering
prohibit murder und manslaughter.
10. Minnesota Statutes * * 609.221,609.222,609.223, and 609.2231, which prohibit
~
I I. Minnesota Statutes ** 609.312,609.343,609.311,609.315, and 609.3151, which
prohibit criminal selmal conduct.
12. Minnesota Statutes * 609.52, which prohibits theft.
13. Minnesota Statutes * * 609.561,609.562,609.563, 609.5631, and 6095632, which
prohibit arson.
11. Minnesota Stututes * 609.582, which prohibits burglary.
15. Minflcsota Statutes * 609.595, '""hieh prohibits damage to propelty. I
55-29
CHAPTER V - BUILDING, LAND USE & REGULATIONS
Kb) Enforcement of disorderly use violations. A violation of any of the foregoing
ordinances 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 orders
or proceedings. The building official shall notify the property owner when any
such charges are brought against a tenant or guest unless prohibited from doing so
by law.
(I) First violation. Upon determination by the building official or ala\\' enforcement
offiecr that a disorderly usc ,,'iolation as enumcrated above occurred on a rental
property, the building official shall notif) the owner of the rental property of the
violation and direct the O'A'ner to takc appropriate action to prevent further
violations. All notices required by this section shall be in writing, delivered
personally to the owner or sent by first class mail to the owner's last known
atklress-:
(2) Second violation. I I' a second disorderly use violation occurs on the rental
property by the O\vncr or the same occupant, or by a family membcr, roommate,
or guest ofthc owner or oceupant, within 3 months of an incidcnt I'm which notice
was given under subsection (I), the building official shall notif)' the owner of the
rental property by certi fied mai I of the violation and shall require the owner of the
rental property to submit a written report of the actions taken, and proposed to be
taken, to prevent further disorderly use of the premises. This "\Titten report sholl
be submitted to the building official within 11 day's of the dote of mailing of the
eertified letter.
(3) Third violation. Ifa third disorderly use violation oeeurs on thc rcntal property by
the owncr or the same oceupant, or by a family member, roommatc, or gucst of
the owner or oeeupant, within 3 months afier the second previous instance of
disorderly use, wheA notiees .....ere sent to the owner of the rental property
pursuant to this seetion regarding the first and second instances, the rental I ieense
tOr the subject dwelling, d'.\"elling Hnit or rooming unit shall be suspended by the
city council for an initial period up to 90 days.
(1) Subsequent, violation. If another disorderly use violation occurs on the rental
property by the owner or the some oceupant, or a family member, roommate, or
guest of the owner or oeeupant, within 12 months afier the end of a suspension
period, the city eouneil may suspend the rentallieense for up to an additional
year. In lieu of suspension, the city council may impose a finc equivalent to the
rent lor the cumulative suspension periods under (3) and (I) of this section.
(5) Evietion or vacation. It shall not be considered an instance of disorderly use if the
tenant is evicted or voluntarily vacates the licensed premises prior to the hearing
before the eity council and within 2 full calendar months afier the determination
by the building official or law cnforcemcnt officer that disorderly use has
occurred and notice of the dctcrmination has been sent to the licensee.
55-30
CHAPTER V - BUILDING, LAND USE & REGULATIONS
[COMMENT TO COMMENT: WE DELETED ALL REFERENCE TO HOW VARIOUS
VIOLATIONS WILL BE HANDLED. WE WILL CONTINUE TO USE TilE CURRENT
POLICY. WHICH IS NOT CODIFIED INTI-IE ORDINANCE. 1'1-1 IS GIVES A LITTLE
MORE FLEXIBILITY TO TAILER THE PUNISHMENT FOR THE OFFENSE BASED ON
TI-IE SEVERITY OF THE OFFENSE. HOWEVER. TI-IE CITY WILL CONTINUE TO
FOLLOW ITS CURRENT MATRIX FORM.l
L_ H_ H _ H H _ __ H _n__ HHH__ H H H_ __ H_ _H _____ H H __ _ H H _ H__ _ _ H H h H _ H H _ H__ _ H H_ n __ _ H H _ _H__H_ H __ __ _ _ -- -.- Comment [037]: The entire violation section is
not what they are looking for. The majority of the
Commission would still like to see all noise
violations come before the City Council and be
evaluated on their own merit. Maybe this section
would could have some more discussion on.
Previously I think I forwarded infonnaiion how we
are currently handling violations, maybe would
. could start with that and work into a better system.
Section 55.14: UNFIT FOR HUMAN HABITATION.
Subd. I: 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
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:
55-31
Formatted: Indent: First line: 0"
CHAPTER V - BUILDING, LAND USE & REGULATIONS
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.
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 lite, health or property.
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
tiled, 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
55-32
CHAPTER V - BUILDING, LAND USE & REGULATIONS
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 ~ ~~J!!~p'~~_~i_<!~J~~J~~_~~~L~~l!l.~p_~~_tJ~I1_~I1~__------
each subsequent reinspection for compliance. Failure to pay the reinspection fee shall constitute
a failure to comply with the compliance order. The reinspection fee will be in an amount as
established bv resolution or the City Council.
Subd.7: Execution of Compliance Orders by 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.
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 ora 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 or
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 ir 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.
55-33
Comment [038]: Remove the fee amount and
replace with a statement something similar to a fee
as established by resolution of the City Council.
AMENDMENT TO ORDINANCE 52
ZONING ORDINANCE
REGARDING R-1 SINGLE FAMILY RESIDENCE DISTRICT
The Council of the City ofSt. Joseph hereby ordains:
That Ordinance 52.27 is amended as follows:
"Subd.5: Interim Uses. The following are Interim Uses allowed by permit based upon
the procedures and criteria set forth in Section 52.07.04 of this Code.
a) Residential rental provided the unit is owner-occupied and provided the room(s)
rented does not contain separate kitchen facilities and is not intended for use as an
independent residence. For purposes of establishing if the property is owner
occupied, the owner must be a natural person and the owners occupying the
property as his or her principal residence must own a one hundred percent (100%)
interest in the property and owners may not exceed two in number. In addition,
"
This amendment is adopted the
be effective upon publication.
day of
,2008, and shall
CITY OF ST. JOSEPH
By
Alan Rassier, Mayor
By
Judy Weyrens, Administrator/Clerk
This amendment was published on
,2008.
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