HomeMy WebLinkAbout[05c] Amendment to Ordinance 55 - Housing Occupancy~.
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City Council Agenda Item 5 C
MEETING DATE: April 17, 2008
AGENDA ITEM: Planning Commission Matters
SUBMITTED BY: Administration
STAFF RECOMMENDATION: Adopt the amendment to Ordinance 55 executing such and
causing the same to be published and approve the resolution authorizing summary publication of the
Ordinance.
PREVIOUS CITY COUNCIL ACTION: See the attachment entitled "Evolution of Ordinance 55,
Housing Occupancy"
BACKGROUND INFORMATION: The amendment to Ordinance 55 started when the Planning
Commission reviewed the rental provisions in the R1 Zoning District. It was noted during a staff meeting
that Ordinance 55, Housing Occupancy should be reviewed at the same time as this Ordinance regulated
the rental license process. It has been a long time since this Ordinance was reviewed and it did not
accurately reflect the current practices.
Staff provided the Planning Commission with a number of sample Ordinances, one of which was the
newly adopted Ordinance of the City of Northfield. Northfield is similar to St. Joseph as they not only
one but two Colleges/Universities looked within the City proper. The Northfield Ordinance included
what they referred to as livability standards. Since that Ordinance was significantly different that what
St. Joseph had, we brought the sample forward and asked the Planning Commission for direction. The
Planning Commission requested that the City Attorney prepare a draft document for them to react to
rather than the Planning Commission crafting an Ordinance.
Therefore, in November the Planning Commission starting reviewing the Ordinance. Since the first draft
many changes have been made. The Planning Commission conducted an informational meeting for all
landlords before the Public Hearing was scheduled and no one came forward. Therefore, on April 7 the
Planning Commission conducted the public hearing for the amendment and again no one was present.
As can be seen from the attached minutes, the largest issue with the amendment is the built-in
deficiencies. Until the City has an understanding as to the impact of the new standards we cannot
determine the effect. The Ordinance as it is drafted allows property owners two years to bring their
property into compliance with the new provisions.
The Planning Commission has requested to review the impact after the rental housing inspector has
completed the process and determine if further amendments are needed.
ATTACHMENTS: Amendment to Ordinance 55; Resolution 2008-004; Ordinance 55; Evolution of
Ordinance 55; Extract of Minutes from City Council and Planning Commission.
REQUESTED CITY COUNCIL ACTION: This agenda item will require the following two actions:
1. Authorize execution of the Amendment to Ordinance 55, Housing Maintenance and
Occupancy, causing the same to be published.
2. Authorize execution of Resolution 2008-004 Authorizing Summary Publication of Ordinance
55.
CITY OF ST. JOSEPH
AMENDMENT TO ORDINANCE 55
HOUSING, MAINTENANCE AND OCCUPANCY ORDINANCE
SUMMARY PUBLICATION
The City of St. Joseph has adopted an amendment of Ordinance 55: Housing,
Maintenance and Occupancy.
The purpose of the amendment to Ordinance 55 is to include livability standards.
This material is a summary of the amendments to Ordinance 55. The full text of the
Ordinance and amendments is available for inspection by any person during regular office hours
at the office of the St. Joseph City Administrator -Clerk.
This summary publication was adopted by the City Council of St. Joseph on the 17~'
day of A ril, 2008 and shall be effective upon publication.
By
By
CITY OF ST. JOSEPH
Alan Rassier, Mayor
Judy Weyrens, Administrator/Clerk
This summary publication was published on , 2008.
CITY COUNCIL RESOLUTION #2008-004
RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE 55
(Housing, Maintenance & Occupancy)
RECITALS:
WHEREAS, the City Council for the City of St. Joseph has passed Ordinance 52.11, entitled
"Regulation of Signs".
WHEREAS, the City of St. Joseph desires to publish the Ordinance by Summary Publication.
THEREFORE, IT IS HEREBY RESOLVED:
1. The City Council has reviewed the proposed Summary Publication and finds that the
summary of the Ordinance clearly informs the public of the intent and effect of the Ordinance.
2. The City of St. Joseph directs the City Administrator to publish the Ordinance by
Summary Publication.
Adopted this 17th day of April, 2008, by a vote of in favor and opposed.
CITY OF ST. JOSEPH
Alan Rassier, Mayor
By
By
Judy Weyrens, Administrator/Clerk
CHAPTER V -BUILDING, LAND USE & REGULATIONS
ORDINANCE 55 HOUSING, MAINTENANCE AND OCCUPANCY ORDINANCE
Section 55.01: PURPOSE AND SCOPE.
Subd. 1: 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;
g) To preserve the value of land and buildings throughout the City.
h) To assure that rental housing in the City is decent, safe and sanitary, and is so
operated and maintained as not to become, a nuisance to the neighborhood or to
become an influence that fosters blight and deterioration or creates a disincentive
to reinvest in the community.
i) To insure owners and/or operators of rental units are responsible to take such
reasonable steps as are necessary to assure that the citizens of the City who
occupy or live by such rental units may pursue the quiet enjoyment of the normal
activities of life in surroundings that are: safe, quiet, secure and sanitary; free
from crimes and criminal activity; and free from nuisances and annoyances.
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
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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.
Subd. 3. Except as otherwise specifically provided, all licensed rental properties in
existence on the effective date of this Ordinance shall be subject to the following limitations:
a. Rental properties shall be inspected in 2008. Any such property which
had a valid license prior to April 1, 2008, and which would have
passed inspection under the previous ordinance, shall receive a provisional
license commencing August 15, 2008, which shall be valid for up to one year and
each such property shall be brought into full compliance by no later than August
14, 2009. Failure to do so shall result in expiration of the license for the property
at midnight on August 14, 2009.
b. Built-in deficiencies. Certain specific deficiencies (referred to as "built-in
deficiencies") in properties licensed prior to the effective date of this Ordinance
may be deemed to be beyond reasonable correction by the building official
and may therefore be waived from meeting certain requirements of this
Ordinance. 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 safety of the occupants of the rental dwelling unit.
c. Immediate action. Nothing in this section shall prevent the building official from
taking any immediate enforcement or corrective action allowed by this Ordinance
in the event a condition exists which causes a risk of serious harm to the public
health or safety.
d. Inconsistency with other regulations. If any standard of this Ordinance is
inconsistent with any other applicable local, state or federal law, rule or
regulation, the most stringent requirement shall apply.
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 thereof, 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.
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Dormitories located on the campus proper of the College of St. Benedict shall not come
under the provisions of this ordinance. Apartments located on the campus proper of the College
of St. Benedict 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 for the following reasons:
Subd. 1: 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:
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 Monastery
e) Maintenance Staff of College and Monastery
f) Residence Assistants (live with students)
g) Faculty Residence (live with students)
h) Residence Directors (live with students)
Subd. 2: The College of St. Benedict represents that 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) Instructional classes on the use of fire extinguishers
g) Classes in fire prevention
h) Sprinkling systems installed where needed
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Section 55.03: DEFINITIONS. The following definitions shall apply in the
interpretation and enforcement of this ordinance:
Subd. 1: Accessory Structure. Astructure-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 person 18 years of age or older.
Subd. 3: Bedroom. A room originally constructed or remodeled (not bedrooms
converted from other uses such as living rooms, dining rooms, hallways, porches or closets) and
intended for the purpose of sleeping, containing abuilt-in closet, egress window or door with 5.7
sq. ft. of net openable area and 70 sq. ft. in addition to the built-in closet.
Subd. 4: Building. Any structure erected for the support, shelter, or enclosure of
persons, animals, chattels, or movable property of any kind.
Subd. 5: Buildin cg ode. The Minnesota State Building Code and optional codes
adopted by the city in Ordinance 51, as amended from time to time.
Subd. 6: Building official. The officer or other designated authority charged with the
administration and enforcement of the Building Code, or the officer's duly authorized
representative.
Subd. 7: Compliance Official. The Building Inspector and his designated agents
authorized to administer and enforce this ordinance.
Subd. 8: 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. 9: Dwellin Unit. A single residential accommodation which is arranged,
designed, used or, if vacant, intended for use exclusively as a domicile for one family. `Vhere a
private garage is structurally attached, it shall be considered as part of the building in which the
dwelling unit is located.
Subd. 10: Efficiency Livin Unit. A room having cooking facilities used for combined
living, dining, and sleeping purposes and meeting the requirements of the Section 55.09.1,
Exception.
Subd. 11: Egress. An arrangement of exit facilities to assure a safe means of exit
from a building.
Subd. 12: Electrical code. The national electrical code, which is part of the building
code adopted by the city.
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Subd. 13: Extermination. The control and elimination of insects, rodents, or other
pests by eliminating their harborage places; by removing or making inaccessible materials that
may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized
and legal pest elimination method approved by the building official; and by the removal of all
signs of extermination thereafter.
Subd. 14: Family. Shall have the same meaning as adopted in Ordinance 52, Subd. 31 of
this Code of Ordinances.
Subd. 15: Fire code. The part of the building code adopted by the city.
Subd. 16. 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
equipment such as cabinets, kitchen units, fixtures and appliances.
Subd. 17. 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. 18: Garbage. Putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking, and consumption of food.
Subd. 19: 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. 20: 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, porches, communicating corridors, stairways, closets,
storage spaces, and workshops, hobby and recreation areas in parts of the structure below ground
level or in attics.
Subd. 21: 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.
Subd. 22: Infestation. The presence of insects, rodents, or other pests within or
around the dwelling on a premises.
Subd. 23: 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.
Subd. 24: Let. To give the use of a dwelling, dwelling unit or rooming unit by an
owner, agent or manager to an occupant in return for rent.
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Subd. 25: Manager. The person who has charge, care or control of a building or part
thereof in which dwelling unit(s) or rooming unit(s) are let.
Subd. 26: Mechanical code. Part of the building code adopted by the city.
Subd. 27: Multiple family dwelling. A dwelling or portion thereof containing three or
more dwelling units.
Subd. 28: Nuisance. Nuisance is:
1. Any nuisance as defined by this Ordinance or other provision of this code.
2. Any nuisance as defined by state or federal law or regulation.
3. Any public nuisance known at common law or in equity jurisprudence.
4. Any attractive nuisance that may prove detrimental to children whether in a
building, on the premises of a building or on an unoccupied lot, including
but not limited to any abandoned well, shaft, basement or excavation;
abandoned refrigerators and motor vehicles; any structurally unsound fences or
structures; and any lumber, trash, debris or vegetation that may prove a hazard to
children.
5. Whatever is dangerous to human life or is detrimental to health as determined by
the building official.
6. Overcrowding a room with occupants.
7. Insufficient ventilation or illumination.
8. Inadequate or unsanitary sewage or plumbing facilities.
Subd. 29: Occupant. Any person (including owner or operator) living, sleeping, cooking
and eating in dwelling unit or living and sleeping in a rooming unit.
Subd. 30: 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. 31: 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 within 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. 32: Permissible occupancy. The maximum number of persons permitted to reside
in a dwelling unit or rooming unit.
Subd. 33: Person. An individual, fnn, partnership, association, corporation or joint
venture or organization of any kind.
Subd. 34: Plumbin .All of the following supplied facilities and equipment in a
dwelling: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units,
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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.
Subd. 35. Plumbing Code• Part of the building code adopted by the City.
Subd. 36: 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. 37: 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. 38: Refuse. All putrescible and nonputrescible waste solids including garbage and
rubbish.
Subd. 39 Related by blood, marriage or adoption. Whole or half relationship between
persons through a common ancestor or descendant or by a relationship as husband, wife,
stepparent, stepchild, parent and legally adopted child, or foster parent and state assigned foster
child.
Subd. 40. Rent. A stated return or payment for the temporary possession of a dwelling,
dwelling unit or rooming unit. The return or payment may be money, service, property or other
valuable consideration.
Subd. 41. RentallOwner agent. A person who is the representative of an owner of rental
property. A rental agent must live within 30 miles of the corporate limits of the city. A rental
agent may or may not be the manager of the rental property. A rental agent shall not be a tenant
of the rental property, unless that person is a manager of an apartment building. Notices or orders
served on a rental agent shall be deemed to have been served on the owner of the property.
Subd. 42. Rental Dwellir~ or Dwelling Unit. Any dwelling, dwelling unit, rooming unit,
or multiples thereof on one property and the related premises which are subject to this
Ordinance.
Subd. 43: Repair. To restore to a sound and acceptable state of operation, serviceability
or appearance.
Subd. 44: Rodent Harborage. Any places where rodents can live, nest, or seek shelter.
Subd. 45: 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. 46: 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.
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Subd. 47: Safety. The condition of being reasonably free from danger and hazards
which may cause accidents or disease.
Subd. 48: Substandard dwelling. Any dwelling which does not conform to the minimum
standards established by City Ordinances.
Subd. 49: Supplied. Paid for, furnished by, provided by or under the control of the
owner, operator, or agent of a dwelling.
Subd. 50: Meaning of certain words. Whenever the words "dwelling", "dwelling unit",
"premises", "rental property" 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: LICENSING OF RENTAL UNITS.
Subd. 1. Limitation on rental properties. All rental properties located in an R-1 or R-2
Zoning District newly licensed or not covered by a valid Interim Use Permit (hereinafter
"I.U.P"). shall be owner occupied as required by items "a" and "b" below.
a. R-1 Property. Any property which is rented in an R-1 area must be owner
occupied and the owners may not exceed two in number. For the purposes
of establishing if the property is owner occupied, the owner must be a
natural person, and all owners must occupy the property as their principal
residence. For purposes of determining ownership, the owner/owners must
provide a copy of a recorded deed or recorded contract for deed. A
purchase agreement will not be accepted as evidence of ownership. In
such anowner-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:
1) the property must satisfy the parking requirements contained in the
St. Joseph Ordinance;
2) the rental units must:
a) have a ceiling height of at least seven (7) feet as defined in
Section 55.11, Subd. 2;
b) contain adequate ventilation and fire escapes as determined
the building official; and
c) meet all applicable rental codes as outlined in Ordinance
55.
b. R-2 Property. In the R-2 zone, single-family dwellings may only be
owner-occupied as set forth above in Section 55.04, Subd. 1(a). Two-
family dwelling units must be owner-occupied in at least one of the
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dwelling units. The owners residing on the property must own 100% of
the property and the number of owners may not exceed two in number.
c. R-3 Property. The R-3 district is intended to provide a district which will
allow a higher density of residential development where City sewer
services are available, subject to the terms of the various applicable St.
Joseph Zoning Ordinances.
d. R-4 Property. In the R-4 district, rental of properties is not allowed,
except for housing exclusively dedicated to housing the elderly or persons
age 55 or older.
Subd. 2. Application. The owner of any structure in which one or more dwelling units or
rooming units are intended to be let shall make application for a rental housing license prior to
letting the unit, unless such unit is currently licensed or is exempt from the provisions of this
Ordinance. The owner shall not allow occupancy of such unit until the required license fee has
been paid and a rental housing license has been issued pursuant to this division.
Subd. 3: Registration. No person shall operate rental property in the City of St. Joseph
without first having properly made and filed a registration statement with the Compliance
Official. 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 1,
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 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.
e) Such other information as the Council may require.
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Subd. 4: 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 maybe made by filling out the required renewal form provided by the
Compliance Official to the owner of rental property and mailing said form together with the
required registration fee to the Compliance Official.
Subd. 5. 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 the
City of St. Joseph, the executed Rental Housing Disclosure Form and the Tenants' Rights and
Responsibilities Disclosure Form. The City Administrator shall make available to the public at
the city offices the Rental Housing Disclosure Form and the Tenants' Rights and Responsibilities
Disclosure Form, copies of which are attached hereto as "Exhibit A."
Subd. 6: 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.
Subd. 7: 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. 8: 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. In the case of new unlicensed dwellings, license fees shall be due upon the issuance
of the certificate of occupancy.
Subd. 9. Inspections Required.
(a) The building official shall inspect property for compliance with this Ordinance
upon application for a rental housing license and every year thereafter, except as
otherwise expressly provided. No license shall be issued except upon a
satisfactory annual inspection.
(b) The building official may also inspect rental property upon receiving a complaint
from a complainant who leaves his/her name and address. Anonymous complaints
shall not be investigated.
(c) Any owner or occupant of rental property may request an advisory inspection of
the property at any reasonable time.
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(d) Upon inspection and the finding of a violation, the building official shall notify the
owner and the occupant in writing of the violation and the requirement to correct
the violation.
(e) If the building official finds a violation of the standards imposed by this Ordinance
at any time after issuance of a rental license, the building official shall re-inspect
that property until the property has been free of all violations. 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
Ordinance.
(f) 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. 10: 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. 11: 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. 12: Occupancy Register Re uired. 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;
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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. Renewal. Except as otherwise provided in this Ordinance, a rental license
shall expire one year after the date of issuance. A renewal license shall be applied for at
least 30 days prior to expiration of the existing license. Property shall not be occupied by a
tenant after expiration of a rental license or renewal license, provided that the building
official may issue a temporary renewal license not to exceed 2 months in duration if the
building official deems it appropriate to allow continued occupancy pending issuance of a
renewal license. A temporary renewal license shall expire on the stated date and the
property shall not continue to be occupied by a tenant unless a full renewal license has been
issued by that date.
Subd. 14: 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.
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:
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DO NOT ENTER
UNSAFE OR ILLEGAL TO OCCUPY
It is a misdemeanor to occupy this building
or to remove or deface this notice.
Inspection Division
City of St. Joseph
Whenever such notice is posted, the building official shall include a notification thereof
in the notice and order issued at the commencement of proceedings under this division, and shall
recite the emergency or conditions that necessitate vacation. No person shall remain in or enter
any building that has been so posted, except that entry maybe made to repair, demolish or
remove such building if allowed by any required permit. No person shall remove or deface any
such notice after it is posted until the required repairs; demolition or removal has been completed
and a certificate of occupancy issued pursuant to the provisions of the building code, or other
corrective action has been taken as required by the building official. Any person violating this
section shall be guilty 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. 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 or 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 $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:
1) 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
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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. 16: 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 ofnon-renewal or the hearing is deemed waived.
c) In the event ofnon-renewal, the owner may not reapply for a rental license for a
period of eleven (11) months from the date ofnon-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 SS.Q4, Subd. 13, paragraph 1 and
2.
Section 55.05: ENFORCEMENT AND INSPECTION AUTHORITY. The Building
Official 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
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daylight hours and the Compliance Official shall present evidence of authorization to the
occupant in charge of a respective dwelling unit.
Subd. 1. Specificallyprohibited acts. Whoever does any of the following, in addition to
any other violation of this Ordinance without limitation, shall be guilty of a misdemeanor and
shall be subject to all available criminal and civil penalties and other remedies:
(a) No license. Allows occupancy of a dwelling, dwelling unit or rooming unit prior to
the issuance of a rental housing license and payment of the license fee or after
suspension; revocation or expiration of a rental housing license or renewal
license.
(b) Over occupancy. Occupies or allows occupancy of a rental property by more
persons than the property is approved for.
(c) Occupying vacated unit. Occupies or allows occupancy of a rental property that
was posted and ordered vacated.
(d) Occupying uncertified bedrooms. Occupies or allows occupancy of a room as a
bedroom that is not approved as a bedroom and/or does not qualify as a bedroom
under this Ordinance.
(e) Occupancy of unlicensed unit. Occupies a rental property for which no license has
been issued or for which a license has been suspended, revoked, or has expired
without being properly renewed. An occupant of a property which has lost its
rental license shall immediately vacate the property. An occupant's remedy for the
loss of his or her leasehold interest, if any, shall be by private claim or action
against the property owner.
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 (IRC) or
International Building Code (IBC) requirements, which number shall be designated in
conjunction with the issuance of the rental license. In addition to that limitation, rental properties
in an R-1 or R-2 district may not be occupied by more than 3 adult persons who are unrelated by
blood, marriage, or adoption. For the purposes of this section, a "family" shall be defined as
follows:
a) A family is any number of persons living together in a room or rooms comprised
of a single housekeeping unit and related by blood, marriage, adoption, or any unrelated person
who resides therein as though a member of the family. Any group of three persons not so related
but inhabiting a single house shall, for the purposes of this Ordinance, be considered to constitute
one family.
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b) With respect to any property validly licensed as a rental unit pursuant to Section
55.11 of the St. Joseph Code of Ordinances, as of October 15, 1990, the definition of "family"
which existed prior to October 15, 1990, shall continue to apply. This prior definition had
defined "family" as up to five unrelated persons. The application of this prior definition to
existing rental units shall be construed as anon-conforming use as limited by Section 52.08 of
the St. Joseph Code of Ordinances and shall be transferable. A lapse or revocation of the rental
license for any such property shall be considered as a discontinuance of anon-conforming use
and the property will thereinafter be required to conform to the definition of "family"asset forth
in paragraph (a) above.
If a property owner proposes to let a rental unit in an R-1 or R-2 district to more than the
number of adult persons allowed pursuant to the foregoing paragraph, the burden shall be on the
proposed occupants to prove that they are related by blood, marriage or adoption. The occupants
shall provide such proof to the property owner as a condition of the rental and the property
owner shall provide such proof to the city upon request. The city shall determine the reliability of
such proof in its reasonable discretion and may require additional evidence to be submitted.
Subd. 2 No dwelling, dwelling unit or rooming unit shall be let for occupancy to another
which does not comply with the standards of this division. All rental properties shall comply
with the standards of this division and with the remainder of this Ordinance immediately upon
the effective date of this Ordinance, unless a different date or time is specified in this Ordinance.
(1) Every habitable room shall be provided with at least one switched light and 2
duplex outlets. Every water closet compartment, bathroom, laundry room and
furnace room shall contain at least one electric light fixture and one
convenience outlet. Outlets within 6 feet of a sink or bathtub shall be Ground
Fault Interrupted (GFI) outlets.
(2) Extension cords shall be used only with portable appliances and shall not be used
as a substitute for permanent wiring. Extension cords shall be plugged directly
into an approved outlet, power tap or multi-plug adapter and shall, except for
approved multi-plug extension cords, serve only one portable appliance. The amp
capacity of the extension cord shall not be less than the rated capacity of the
portable appliance supplied by the cord and shall be grounded when serving a
grounded appliance. Extension cords shall be maintained in good condition
without splices, deterioration or damage. Extension cords and flexible cords shall
not be attached to the structure, extend through walls, ceilings, or floors or under
doors or floor coverings, or be subject to environmental or physical damage.
(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 times have free access to the service panel
for their dwelling unit. All exposed wiring must be secured by approved
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methods. All electrical boxes must have cover plates and the cover plates must
not be cracked or broken. Outlets must meet the requirements of the National
Electrical Code.
Subd. 3. Exits.
(a) 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
thereof shall be provided with exits as required by the building code. An exit shall
not pass through a hazardous area such as a furnace room, boiler room, storage
room, garage or similar area.
(b) Obstruction of egress. Obstructions, including storage, shall not be placed in the
required width of a means of egress, except for projections allowed by the
building code. Means of egress shall not be obstructed in any manner and shall
remain free of any material or matter where its presence would obstruct or render
the means of egress hazardous.
(c) Escape windows. Sleeping rooms below the fourth story shall have at least one
operable window or exterior door approved for emergency escape or rescue.
Escape windows shall be operable from the inside to provide a full clear opening.
without the use of separate tools or special knowledge and shall open directly
onto a public way or a yard or court located on the same lot as the building.
Subd. 4. Fire protection.
(a) General. All buildings or portions thereof shall be provided with the degree of fire
resistive construction, fire warning devices and fire extinguishing devices as
provided by this Ordinance, the Minnesota Building and Fire Codes.
(b) Smoke detectors. Smoke detectors shall be installed as required by this
Ordinance. A minimum of one detector shall be located in the basement and each
story. A detector shall be located outside of bedrooms and in each bedroom. The
building official may require additional smoke detectors where additional
protection may be required.
The occupant of a rental unit shall notify the owner or manager of the unit within
24 hours of discovering that a detector is not functioning. The owner or manager
shall take immediate action to render the detector operational or replace it.
Any occupant, owner or manager of a rental unit who willfully disables a
smoke detector or causes it to be nonfunctioning is guilty of a misdemeanor. If the
unit is occupied by more than one tenant, each tenant shall be held accountable.
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(c) Fire alarm systems shall be tested at least annually. Test reports shall be
maintained on the premises and a copy of each test shall be filed with the fire
chief.
(d) Fire extinguishers. All rental units shall be equipped with a fire extinguisher with
a minimum rating of 2A 1 OBC. The extinguisher shall be located within the
individual dwelling unit or in a common hallway or corridor within 30 feet of
each dwelling unit door.
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.
(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 by
the compliance officer. All buildings shall be subject to the Uniform Fire Code.
Section 55.07 RESPONSIBILITIES OF OWNERS AND OCCUPANTS:
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. 3: Storage and Disposal of Rubbish. Every occupant of a dwelling, dwelling unit
or rooming unit shall store and dispose of all his/her 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. 4: 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. 5: 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 other responsibility of the occupant to furnish such
facilities.
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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. 6: 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. 7: 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/her 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.. 8: Rodent Harboraaes 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. 9: Rodent Harborag_es 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. 10: 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. 11: 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. 12: 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.
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Subd. 13: 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. 14: 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 52.10 of this
Code of Ordinances.
Subd. 15: Maintenance of Yards. The owner of a multiple family dwelling or dwellings
shall be responsible for providing and maintaining premises' yards consistent with Section
55.08.10.
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:
Subd. 1: 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,
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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: Lavator~Sink. Within every dwelling unit there shall be a lavatory sink which
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.
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, Balconies, Handrails, and Guards. Every stairway, inside
or outside of a dwelling and every porch, balcony, or deck shall be kept in safe condition and
sound repair. Every stairwell and every flight of stairs which is more than four risers high shall
have handrails approximately 34 to 3 8 inches .high, measured vertically from the nose of the stair
tread to the top of the handrail. Every porch, balcony, deck or raised surface which is more than
30 inches above the adjacent floor or grade shall have a guard which measures 36 inches
minimum above the floor of the porch, balcony, deck or raised surface to the top of the rail.
Intermediates of the guard shall be vertical and spaced such that a 4 inches sphere cannot pass
between. Every handrail, guard 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. 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.
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
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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.
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
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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.
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 of living
therein, which does not comply with the following requirements:
Subd. 1: 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 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 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.
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Subd. S: 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: Accessor~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. 11: 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(s)
displayed on the building in such a position as to be plainly visible and legible from the street
fronting the property and as otherwise required by this code.
Subd. 13. Motor vehicles. No inoperable or unlicensed motor vehicle or "abandoned
vehicle" as defined in Ordinance 108.02, Subd. 1, 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.
Subd. 14. Defaced property. It shall be the responsibility of the owner to restore any
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CHAPTER V -BUILDING, LAND USE & REGULATIONS
portion of a rental dwelling or rental property that has been damaged, mutilated or defaced by the
placing of any marking, carving or graffiti on any structure.
Subd. 15. Decorative features. All cornices, belt courses, corbels, terra cotta trim; wall,
facings and similar decorative features shall be maintained in good repair with proper anchorage
and in a safe condition.
Subd. 1 b. Overhang extensions. All overhang extensions including but not limited to
canopies, metal awnings, fire escapes, standpipes, and exhaust ducts shall be maintained in good
repair and shall be properly anchored.
Subd. 17. Basement hatchways. Every basement hatchway shall be maintained to prevent
the entrance of rodents, rain and surface drainage water.
Section 55.11: MAXIMUM DENSITY. MINIMUM SPACE, USE AND LOCATION
REQUIREMENTS. 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. 1: 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.
Subd. 2: Minimum Ceilin Height. In order to qualify as habitable, rooms shall have
clear ceiling height of not less than 7 feet, except that in attics or top half stories used for
sleeping, study, or similar activities, the ceiling height shall be not less than 7 feet over at least
one-half of the floor area. In calculating the floor area of such rooms in attics or top half stories,
only those portions of the floor area of the room having a clear ceiling height of 5 feet or more
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may be included. Except as otherwise specifically provided, all licensed rental properties in
existence on the effective date of this Ordinance shall be subject to the built-in deficiencies
limitations as set forth at Sectiori 55.1, Subd. 3(b) of this Ordinance.
Subd. 3: Access through Slee~ng Rooms and Bathrooms. No dwelling unit 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 55.12 PARKING. The building official shall inspect and approve specific
parking spaces for each rental property which is subject to this section and the approved spaces
shall be designated in conjunction with the rental license. The owner and occupants of the
property shall not allow parking anywhere other than on approved parking spaces.
a. Location. Parking spaces shall be located in a garage or on approved driveway
surfaces which lead to a garage or a side yard. Vehicles shall not be parked on
grass, dirt, in front yards, backyards, or in any other location which is not an
approved parking space and which does not adhere to these standards.
b. Parking Surface Standards. Each parking space shall be constructed and
maintained in good condition with a uniform hard surface of concrete asphalt
minimum of six inches of Class 5 compacted gavel or similar surfaces
specifically approved by the building official and City Engineer Those~arkin~
spaces accessed from hard surfaced street or alley must be hard surface of asphalt
or concrete for a distance of not less than ten feet.
c. Enforcement. Property owners are specif cally advised that they, as well as their
tenants, are responsible for enforcing these parking regulations and they are
required to exercise effective control over their tenants and others visiting or
using the property. The legal enforcement of these parking standards shall be the
joint responsibility of the building official and the police department.
d. Time for compliance. Any licensed rental property in existence at the time of
adoption of this Ordinance which cannot readily provide parking spaces as
required by this code may request permission from the building official for time
to come into compliance with those subsections, which may be approved, in
writing, for a period of time not to exceed one year from the date of adoption of
this Ordinance. All properties which are subject to this section shall immediately
comply with the other requirements of this section.
Section SS.I3. PROHIBITED CONDUCT ON LICENSED PREMISES.
(a) Disorderly conduct. It shall be the responsibility of the rental license holder to
take appropriate action to prevent conduct by occupants and their guests on
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CHAPTER V -BUILDING, LAND USE & REGULATIONS
licensed premises which is hereby deemed disorderly and which is in violation of
any of the following statutes or ordinances:
1. St. Joseph Ordinance 102-1, which prohibits noisy parties or assemblies.
2. Minnesota Statutes § § 609.75 through 609.76, which prohibit gambling.
3. Minnesota Statutes §§ 609.321 through 609.324, which prohibit prostitution and
acts relating thereto.
4. Minnesota Statutes § § 152.01 through 152.025, and 152.027, Subd. l and 2,
which prohibit the unlawful sale or possession of controlled substances.
5. Minnesota Statutes § 340A.401, which prohibits the unlawful sale of alcoholic
beverages.
6. Minnesota 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.
7. Minnesota 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.
(b) 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 and the city
administrator when any such charges are brought against a tenant or guest unless
prohibited from doing so by law.
Section 55.14: UNFIT FOR HUMAN HABITATION.
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
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: Reoccu ation. 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
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CHAPTER V -BUILDING, LAND USE & REGULATIONS
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. 1: 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,
with a copy being provided to the city administrator. Such notice shall be deemed
to be properly served upon such owner or agent, or upon any such occupant, if a
copy thereof is
1. 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: Ri ht~of A_p e~al. 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 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
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CHAPTER V -BUILDING, LAND USE & REGULATIONS
filed, 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 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. The reinspection fee will be in an amount as
established by resolution of 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 by 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 of a misdemeanor,
punishable as herein defined. Each day that a violation continues shall be deemed a separate
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CHAPTER V -BUILDING, LAND USE & REGULATIONS
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.
55-29
Evolution of Ordinance SS, Housing Occupancy
Some question has arisen as to how and why Ordinance 55 was amended. The purpose of this memo is
to provide the Council with the background information.
September 10, 2007 The Planning Commission discussed the effectiveness of the Interim Use Permit
process as it relates to the R1 Zoning District. At this meeting the Planning
Commission recommended the Council place a 90 day moratorium on R1 Rental
licenses. The motion was approved on a 5-2 vote.
September 20, 2007 The City Council on September 20, 2007 accepted the recommendation of the
Planning Commission placing a 90-day moratorium on rental licenses in the R1
Zoning District.
November 5, 2007 The Planning Commission is provided with samples of Ordinances from Cities
with Colleges as they relate to rental. Staff also requests to review Ordinance
55. A special meeting is scheduled for November 26, 2007.
November 26, 2007 The Planning Commission meets specially to discuss the moratorium. City Staff
is present at this meeting and requests direction from the Planning Commission.
The City of Northfield recently completed a major renovation of the rental
ordinance and a copy was provided to the Planning Commission. As the
ordinance included substantial changes staff requested direction from the PC.
At this same meeting enforcement was discussed and the perceived lack
thereof. The Commission requested that the City Attorney prepare a draft for
them to respond to and it was agreed to discuss again on December 10.
December 10, 2007 The Planning Commission starts reviewing the draft presented by the Staff.
Several changes were made and they agreed to meet again on January 22, 2008.
January 22, 2008 The Planning Commission reviews the draft Ordinance page by page making
suggestions and corrections.
February 4, 2008 Planning Commission finishes reviewing the Ordinance page by page and
request to hold an informational meeting where all landlords will have an
opportunity to comment on the Ordinance before adoption. City Staff prepares
a separate mailing to all landlords informing them that the Council recently
approved an increase in the license fee and the Planning Commission was
reviewing the rental licensing Ordinances. A copy of the proposed Ordinance
was made available via the web page or we would mail by request. Staff
received two or three phone calls with minor questions.
March 5, 2008 The Planning Commission conducts an information meeting on the proposed
draft and makes some additional changes. No landlords are present at this
meeting. Planning Commission agrees to schedule the public hearing for April 7,
2008.
April 7, 2008 The Planning Commission conducts the public hearing for the Amendment to
Ordinance 55 and recommends on a 6-1 vote to recommend the Council amend
the same.
Extract of Planning Commission Draft Minutes -April 7, 2008
Public Hearing -Ordinance Amendment 55 Housing Occupancy: Weyrens stated that the purpose of the
hearing was to consider an amendment to Ordinance 55 Housing Occupancy to include livability
standards.
The public hearing was opened and closed at 7:15 PM as no one present wished to speak.
The Commissioners made the following comments with reference to Ordinance 55:
• Page 55-01 Subd. 3(a): "Any such property which has a valid license under the previous
rental ordinance, and which would have passed inspection under the revious ordinance,
shall receive a provisional..."
Kalinowski questioned whether it should read "...passed inspection under the present
ordinance..." instead. Weyrens stated that it can be amended so that any license issued prior
to April 1, 2008.
• Page 55-02 St. Benedict's is plural and should be Benedict.
• Page 55-07 Subd. 1 I.U.P. should be defined as Interim Use Permit.
• Page 55-20 Subd. 5 The draft indicates that Stairways, Porches, Balconies has been
removed from the title but they are still referred to in the paragraph; therefore, they should
remain in the title. Delete the two sentences that make references to free from deterioration
as it is redundant with the sentence that requires stairways, porches, balconies, handrails
and guards to be in safe condition.
• Page 55-25 Subd. 12 (b) Parking Surface Standards. The provision should end with ".. for a
distance of not less than 10 feet.
Weyrens stated that Building Official Ron Wasmund responded to the Planning Commission inquiry
regarding the reference in the Ordinance to homes built before 1940. Wasmund indicated that he could
find no significance to the reference and speculated that the reference relates to HUD housing.
Therefore, Wasmund recommend that 55.09 Subd. 3 be amended to:
No dwelling unit 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 to the exterior of any dwelling unit.
Weyrens stated that there is still some concern with the provision regarding built-in deficiencies and how
they will be defined. Deutz stated that he would like to see a definition of a built-in deficiency so that it
does not become a matter of subjectivity with each inspector. Weyrens stated that examples of built-in
deficiencies would include a porch that may have been converted to a bedroom or a an attic that is being
used for livable spaces. Both these spaces were not intended for living quarters when most homes were
built.
Deutz asked for comments from the City's rental housing inspector, Gary Utsch. Utsch stated that if the
City looks back to when most of these homes were built, they will find that there were no ordinances in
place at that time. Just the same, at that time, attics were generally built to be used as a storage area not
a habitable area. In his opinion, it would not be considered abuilt-in deficiency if the use were changed to
make an area habitable.
Utsch addressed the issue of stairways and asked how the Planning Commission would like to handle
them. He stated that during his inspection, he will primarily be looking at safety when it comes to
stairways. If the stairway is open on one side, the owner will be required to close it. If the stairway is being
altered, the property owner would be responsible for bringing it up to code. He cannot make someone
Extract of Planning Commission Draft Minutes - Apri17, 2008
tear out a stairway to bring it to code unless they are building something. If the stairway meets all safety
requirements, no changes will need to be made. He also added that if there is little headroom in the
stairway, they will first need to look at what is above the stairway before determining if it needs to be
brought to code. Meyer stated that, in his opinion, stairways will be the biggest deficiency that will be
found in many of the older homes. Utsch added that he will be looking for ways to make stairways safer.
Wick questioned Utsch as to how the stairs are measured in relation to the maximum weight load. The
Ordinance states that they must be able to hold 1001bs/sq. ft. Utsch stated that this can be determined by
looking at the structure underneath.
Weyrens questioned Utsch if they rental inspection for 2008-2009 will include two inspections. Utsch
responded that one inspection will be completed for each unit, but two inspection reports will be
generated. The first report will be the same report, enforcing the same Ordinance that was in place for
the 2007-2008 licenses. The second report will identify compliance items needed by the newly amended
Ordinance. Weyrens clarified that landlords will have two years to make the required changes and
completing the inspection this year will identify the impact of the Ordinance. Until the inspection is
completed on the proposed amendment it is impossible to know the impact. Weyrens stated that any
problems that occur will be addressed after all inspections have been completed. McDonald stated that
the health and safety are the most important issues to be addressed. He questioned whether the
Ordinance is broad enough for Utsch to do his job to which Utsch stated yes.
Deutz questioned Utsch as to how many, in his point of view, are going to need substantial updates.
Utsch stated that it is hard to say until he actually does the inspections; however, he said that there are
approximately 400 rental units and he suspects that 30-40 of them will have problems that will need to be
addressed. He added that there are a couple of property owners that will need to make decisions relating
to their rental properties. According to Utsch, basements are going to be the biggest issue as he stated
that he will be looking for a minimum ceiling height of 6'6".
According to Weyrens, it would make sense to first make an inventory of what is out there and work from
there. Deutz added that there may be a lot of landlords with issues. In reply, Weyrens stated that all of the
landlords were given notice of the meeting at which they could address any problems with the Ordinance
and no one appeared before the Commission or expressed concern.
Meyer made a motion to recommend the Council approve Ordinance 55 causing the same to be
executed and published. Further, after the inspections are completed for the 2008-2009 license
period, the rental inspector will provide a report to the Planning Commission identifying the
impact of the amended Ordinance. At this time the Planning Commission may amend the
Ordinance. The motion was seconded by Wick.
Discussion: Before approving the Ordinance, Utsch stated that he would like the Commissioners
to look at page 55.25 Section 55.12 (b) relating to Parking. This provision requires that parking areas
abutting a paved roadway will be required to pave the parking space. All other spaces can remain gravel.
Utsch expressed concern with the impact in the commercial area and if they really intended to require
paved parking areas on residentially used property. The Commission agreed to modify the section by
ending the provision with the following: "for a distance of not less than 10 feet."
Ayes: Kalinowski, Rieke, Andersen, Meyer, McDonald, Wick.
Nays: Deutz Motion Carried 6:1:0
Extract of Planning Commission Minutes -September 10, 2007
Interim Use Permits -Discussion of effectiveness: Weyrens stated that the City has recently received
several requests for Interim Use Permits in the R1 Zoning District. Staff is suggesting that the
Commission review the rental provisions in the R1 Zoning District and determine if they are affective or
need to be modified.
Rieke stated that there are several properties in the City that are operating with an Interim Use Permit
with one being across the street from him. He added that they have been great neighbors. Loso
suggested that the City place a moratorium on issuing new rental licenses and create a group to discuss
the issue of future rentals within the City. According to Rieke, it seems as if the properties with Interim
Use permits seem to be under scrutiny due to problems with other rentals within the City.
Wick stated that the current Ordinance is 5 years old and now would be a good time to review the
Ordinance as more and more homes are being purchased and used as a business rather than a
residence. The purpose of the Ordinance was to allow rentals in a R1 Zoning District and preserve those
neighborhoods. He added that rentals seem to infect certain neighborhoods within the City. Graeve
agreed that this Ordinance should be reviewed; however, he would like to have the process be publicized
so residents have the opportunity to participate. He added that enforcement seems to be the biggest
problem with rental concerns. Deutz agreed with Graeve and stated that less than 1 % of the homes in St.
Joseph are operating under an Interim Use Permit and he also believes that enforcement is the issue.
Nettie Pfannenstein approached the commissioners and stated that she would like the City to keep the
Interim Use Permits from saturating certain neighborhoods. She also added that enforcement of the rules
and regulations is the biggest issue.
Wick made a motion requesting the City place a 90 day moratorium on rental licenses in the R1
Zoning District to allow the Planning Commission an opportunity to review the rental license
provisions and Ordinance as it relates to R1 Zoning Districts. The motion was seconded by Loso.
Discussion: Kalinowski questioned the two requests that are currently at the City for
consideration. Weyrens stated that those requests would be considered as they were received
before the moratorium.
Rieke stated that he objects to the moratorium as he feels this is a good Ordinance and
enforcement is the issue. According to Wick, a moratorium is needed to prevent future problems
that are starting to arise. Deutz also stated that there is no need for a moratorium as there have
only been a small number of problems. According to Graeve, a 3-month moratorium is livable as
it is not indefinite.
Councilor Frank approached the commissioners and stated that this is an enforcement Issue and
that there maybe some alternate ways to deal with the problems. He stated that he would like for
the City to look into how other Cities handle these types of issues.
Ayes: Wick, Loso, Kalinowski, Andersen, Graeve
Nays: Rieke, Deutz Motion Carried 5:2:0
Extract of City Council Minutes -September 20, 2007
R1 Sinple Familv Rental License Moratorium: Weyrens advised the Council that on September 10, the
Planning Commission met and discussed the issuance of interim Use Permits. With a 5:2 vote, the
Planning Commission recommended that the Council place a moratorium on Interim Use Permits within
the R1 Zoning Districts. Members stated that the Moratorium is needed to determine if the Interim Use
Permits are effective and if they are balancing residential and rental in residential neighborhoods.
Weyrens stated that enforcement is also an issue. While the City receives a number of complaints that
rental units are exceeding the maximum density it is difficult to enforce. The City responds to all
complaints, but if the City Office is informed the property is not rental, is difficult to prove otherwise.
On behalf of the Planning Commission, Wick reported that they reviewed two Interim Use Permits, both of
which are in the R1 Zoning District. They accepted input from the Public. After much discussion, the
Commissioners concluded that the current Ordinance is 5+years old and is in need of review. They
recommended a 90day moratorium to review the Ordinance and make any necessary changes.
Weyrens stated that the Department Heads suggested the following alternatives:
a. Changing the ownership requirement from 50% to 100% or something slightly less.
b. Placing a minimum distance between Interim Use Permits and or between current
rental licenses.
c. Establishing a percentage of a block that can be rental.
d. Prohibit completely.
Frank made a motion to authorize the Mayor and Administrator to execute Resolution 2007-037
adopting Interim Ordinance 2007-001. The motion was seconded by Wick.
Discussion: Frank stated that there are at least 30 known party houses in St. Joseph. He added that, in
cities such as Chaska, parents or property owners are held more accountable. In his opinion, rentals are
a poison to a neighborhood. With the current Interim Use process, these houses are bought and sold
every few years. Many of these homes do not have current rental licenses.
According to Rassier, the Rental Process has improved with the requirement of owner-occupied rentals.
He stated that none of the Ordinances are perfect and he does not believe that the City needs to place a
moratorium on these permits to review the Ordinance.
Wick, on the other hand, stated that a 90 day moratorium will not be a burden to those wishing to apply
for an owner occupied Interim Use Permit. The reason for the moratorium is to place some controls on the
process. Schultz questioned whether the Interim Use Permits for the Business Districts will be reviewed
as well. As the Interim Use provisions for the Business Districts are fairly new, Schultz was advised that it
is too early to review those as well. Frank stated that, after the review of the Interim Use Process for the
R1 Zoning District, it may be necessary to review the Business Districts as well.
Ayes: Symanietz, Wick, Schultz, Frank
Nays: Rassier The motion passed 4:1.
Extract of Planning Commission Meetings -November 5, 2007
Interim Use Moratorium: Weyrens supplied the commissioners with a map illustrating the rental properties
as well as the Interim Use Permits within the City of St. Joseph. The majority of Interim Use Permits are
located in the core of the City. Weyrens also presented the Commission with information from other
Cities as to how rental units are managed. Weyrens suggested that the Commission either limit Interim
Use Permits based on the percentage of the block where they are located or increase the ownership
requirement. The City has seen an increase of unlicensed rental units and the majority of the issues
relate around a parent and student purchasing a rental unit and then adding tenants. The City is currently
in the process of prosecuting two rental units that have not complied with the Ordinances.
Loso stated that in his opinion, amending the Ordinance to require 100% ownership would solve the
current rental issues. Wick agreed and stated that the City should also require recorded documents with
the application detailing the ownership. Weyrens stated that currently there is one applicant that has been
playing games with their recorded deeds to allow for more density. She suggested that, each year, the
City verify the abstracts as recorded by the County. She also suggested that these applicants pay a
higher renewal fee to allow the City to verify the abstracts.
Graeve questioned how many properties are in violation of the rental ordinance. Weyrens replied that
there have been 3 in the past 6 weeks. Wick stated that it would also be a good idea for the City to review
its fine schedule to possible tie fines to the homeowner and the tenants. Weyrens stated that these fines
are issued as administrative tickets and they are pursued criminally if not paid.
Weyrens stated that the City staff would like to make some possible changes to the Ordinance and bring
it back for Planning Commission review. She added that the Building Official will be reviewing Ordinance
55 as well since it has not been updated .for a while. The Planning Commission will meet on November 26
to review this again.
Extract of November 26, 2007 Planning Commission Minutes
Rental Housino Ordinance: Weyrens stated that the City staff has recently discussed the issues relating
to rental housing. During the discussion, it became apparent that changes to the current Ordinance were
needed and before the staff could prepare any amendments, direction was needed as to what the
Planning Commission would like to see in a new Ordinance.
City Attorney Tom Jovanovich stated that he has had the opportunity to review the existing Ordinance,
Ordinance 55 Housing Occupancy, and would like to make some major amendments. Some of the
amendments would include adding a provision whereby the Inspector has additional rights of entry based
on bona fide complaints, either eliminating rental in R1 Zoning Districts or limiting the amount of rental
housing in a neighborhood, or increasing the ownership requirement from the current 50% to 100%.
Jovanovich stated that his office has seen an increase in rental issues in residential neighborhoods. His
office is currently working on issues in Liberty Pointe, where the property has been purchased as income
property and the owners are indicating that they have contract for deeds, therefore they are not rental.
Jovanovich stated that the City Attorney has the authority to record and document and contract for deeds
must be recorded to be valid. In the case of Liberty Pointe, the property owner does not want the deeds
recorded for obvious reasons. The change in the housing market has created some of the enforcement
issues.
Jovanovich stated that he was provided a copy of the Northfield Ordinance that has recently been
approved. The City of Northfield is experiencing the same type of issues as the City of St. Joseph.
Building Official Ron Wasmund stated that he was part of the process in Northfield and the Ordinance
Amendment had three public hearings before it was adopted. The new Ordinance has "livability
standards" which will eliminate some homes as rental property. The City of Northfield has given property
owners two years to be incompliance with the Ordinance.
Deutz stated that Ordinance enforcement has always been an issue. He also stated that the City needs
to look at the refuse contract and find a way to make sure all the refuse is picked up each week. Deutz
stated that he has talked to the vendor about picking up all the garbage at rental units. Some weeks the
garbage at some rental units is standing beside the garbage can and remains street side all week.
Jansky stated that he would like to see the Ordinance amended to add additional powers for inspection
and enforcement. The Police Department has already been enforcing the abandoned vehicle ordinance
and parking on the grass.
The Planning Commission requested Jovanovich prepare a draft document for the Planning Commission
to review and comment. The Planning Commission agreed to meet on December 10, 2007 to continue
the discussion.
Weyrens stated that the Planning Commission should consider requesting the Council extend the
Moratorium on Interim Use Permits in R1 Zoning Districts to allow the Planning Commission time to
conduct any required public hearings and make a recommendation to the City Council.
Extract of Planning Commission Meeting -December 10, 2007
Ordinance 55. Housing Occupancy and Maintenance: Loso stated the purpose of the meeting is discuss
and review potential changes to Ordinance 55. The proposed changes are as a result of the moratorium
on rental housing in R1 Zoning Districts and discussions from the November 26 Planning Commission
meeting. The majority of the proposed changes are based on the Ordinance from the City of Northfield.
Weyrens further clarified that the added areas are suggestions only and the Planning Commission should
determine which changes they would support. The following items were discussed:
• Changing the ownership requirement in the R1 Zoning District from the current 50% to 100%. The
rental provision will still require the issuance of an Interim Use Permit, however, the applicant will
be required to submit a recorded document providing evidence that he/she are 100% fee owners
of the property. The Interim Use Permit must be renewed annually and the property owner will be
required to provide proof of ownership via a recorded document.
• Clarified that the City currently licenses all rental units annually.
• Requested verification on whether or not the provisions included in the current Ordinance regarding
the Inspections at the College of St. Benedict are accurate.
• The current Ordinance contains inconsistencies regarding the minimum ceiling height requirement.
• The Ordinance should require a 30 minute response time for the property owner or manager. The
current Ordinance requires a 20 minute response.
• The proposed Ordinance adds a provision limited the number of rental units based on the
percentage of lots in a defined area. The Planning Commission rejected this concept.
• The current Ordinance requires all new rental licenses to be approved by the Planning
Commission. This is currently not the practice as if the qualify the rental license is issued. The
Commission agreed to delete this item.
• The Commission discussed the inspection entrance revisions and questioned the definition of a
bona fide complaint and how violations will be handled.
• The proposed amendment allows for additional tenants through a process. The Commission does
not intend to allow for increased density.
• Discussed the requirements regarding outlets, definition of design standards and the effect of such
to current rental units, use of disposable fire extinguishers and how they relate to the requirements
of certification and the provisions regarding the use of extension cords.
• The proposed Ordinance required posting of the owners name and address. The Commission
requested this provision be removed. The rental process currently requires the property owner to
provide contact information and that is readily available to the Police Department.
• The Ordinance should reference parking requirements and the prohibition to park on the grass.
• Questioned the need to identify all the Statutes that cannot be violated.
• The violation portion of the Ordinance should be revised to identify the current practice.
Weyrens will provide the City Attorney with the proposed changes and represent the material to the
Planning Commission for review and comment.
Extract of Planning Commission Minutes -January 22, 2008
Ordinance 55: The Commission continued the review of Ordinance 55. The following is a summary of
the discussion.
^ Page 55-0 (i)
To insure owners and/or operators of rental units are responsible to take such reasonable steps as
are necessary to assure that citizens of the City who occupy or live by such rental units may pursue
the quiet enjoyment of the normal activities of life in surroundings that are: safe, quiet, secure and
sanitary; free from crimes and criminal activity; and free from nuisances and annoyances.
Discussion: Deutz asked for clarification of what this additional verbiage means. Jovanovich stated
that it basically states that property owners are responsible for tenant actions. Deutz replied that
based on /aws~and City Ordinances, there are only limited things that the landlords can do to ensure
that the tenants are not disrupting the neighbors. According to Jovanovich, this paragraph is very
vague as it simply states the purpose of the ordinance.
Page 55-1 (Subd. 3 a)
Rental properties shall be inspected in 2008. Any such property which had a valid rental license
under the previous rental ordinance, and which would have passed inspection under the previous
ordinance, shall receive a provisional license commencing August 15, 2008, which shall be valid for
up to one year, provide that each such property shall be brought into full compliance with the
standards established by this article by no later than August 14, 2010. Failure to do so shall result in
expiration of the license for the property at midnight December 14, 2010.
Discussion: Kalinowski questioned whether or not it should read "...established by the ordinance..."
rather than "...established by this article...". Jovanovich stated that it is an error and it should say
ordinance, not article.
Wick then questioned the timeframes noted in the paragraph. Weyrens stated that the license is valid
for one year, but they have two years to bring the property into compliance with new standards. She
stated that it should read "...property at midnight August 14, 2010" rather than December.
^ Page 55-2 (Subd. 1 d &e)
d) Security Staff of College and Convent
e) Maintenance Staff of College and Convent
Discussion: Kalinowski clarified that it should say Monastery rather than convent.
Page 55-3 [COMMENT TO COMMENT]
The City should check with the College to determine whether the various inspections listed in the
Ordinance are being completed by the College. The College should also submit an annual report with
respect to these inspections. The report should come to the City. We may want to include another
subdivision which requires the College to provide the reports to the City. We have also made changes
to state more clearly that the College is representing that it conducts these various tests and follows
the various precautions.
Discussion: Wick questioned whether or not the City needs to know how the College protects their
students. According to Wasmund, they still fall under the building code; however, they do not need to
keep inspection records. Deutz questioned whether this is for all College housing or exclusively the
housing on campus. Wasmund added that they would be required to have an inspection done by the
City if a building permit we issued. Jovanovich advised the Commissioners that the City is not liable
for College property as we have immunity with the College. If the College is negligent, they would
assume all liability.
^ Page 55-4 (Subd. 13)
Shall have the same meaning as adopted in Ordinance 52, Subd 31 of this Code of Ordinance.
Discussion: The Commissioners pointed out that a Section should be referenced as well, in addition
to the Ordinance and Subd.
^ Page 55-6 (Subd 27 #5 & 9)
Extract of Planning Commission Minutes -January 22, 2008
5. Whatever is dangerous to human life or is detrimental to health as determined by the building
official
9. Whatever renders air, food or drink unwholesome or detrimental to the health of human beings as
determined by the building official.
Discussion: Meyer stated that these two sentences seem very redundant. According to Jovanovich,
they are different; however, he suggested expanding #5 and deleting #9. Kalinowski questioned the
term building official. Wick advised Kalinowski that the term was defined in the ordinance as subd. 5.
Wasmund added that the term building o~cial is a recognized term in the industry.
^ Page 55-7 (subd. 44)
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.
Discussion: Anderson questioned why this definition does not clarify that there must be two exits.
Wasmund replied that a bedroom is defined further in the ordinance as well as in the building and fire
codes.
^ Page 55-8 (subd. 1 a & 2a/b)
a. R-1 Property. Any property which is rented in an R-1 area must 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 must not contain separate kitchen facilities and
the rooms rented may not be intended for use as an independent residence.
Discussion: Wick suggested that the word properties be changed to property. There was also some
discussion about whether or not the phrases "and the owners" and "the rooms rented" were
redundant and whether they could be removed. Jovanovich stated that it should be left as is to avoid
different interpretations.
2a. have a ceiling height of at least seven feet;
Discussion: Deutz questioned the potential of a bedroom being added in a basement and false
ceilings are put in resulting in ceilings less than 7'. In the past, this would have met the ordinances,
now it would not. Wasmund stated that this issue was addressed in Subd. 3(b): Built in Deficiencies.
Deutz then questioned how this would be determined or implemented. He was advised that this would
be addressed later in the Ordinance.
2b. contain adequate ventilation and fire escapes as determined the building official.
Discussion: Wick corrected the sentence to say "...as determined by the building official."
^ Page 55-9 (Subd. 1c)
c. R-3 Property. The R-3 district is intended to provide a district which will allow a higher density of
residential development where City sewer services are available, subject to the terms of the various
application St. Joseph Zoning Ordinances.
Discussion: The Commissioners noticed that the word application should be changed to applicable.
^ Page 55-10 (Subd. 3e)
e. Such other information as the Council may require.
Discussion: Originally, this item was to be removed, but it was decided that it should remain in the
ordinance.
Prior to the issuance of any new rental license, the Planning Commission shall approve the
registration and application to ensure that the proposed rental use of the property complies with the
requirements of the St. Joseph Zoning Ordinance and other ordinances of the City.
Discussion: Weyrens stated that this comment could be removed as it would only apply to R-3 Zoning
Districts. Currently, the Planning Commission does not see those applications if they are complete.
Extract of Planning Commission Minutes -January 22, 2008
^ Page 55-11 (Subd. 8c)
c. Any owner or occupant of rental property may request an advisory inspection of the property at any
reasonable time.
Discussion: Deutz questioned whether or not the fees associated with such an inspection would be
the responsibility of the property owner. Jovanovich stated that there would be no fees to the property
owner unless there were violations found during the inspection. Wasmund agreed that he does not
believe there was any intent to charge for such inspections. Jovanovich also stated that this could be
very argumentative and that it is hard to draft an ordinance that would address all possible issues that
may arise. He stated that if it becomes an issue, the City may want to revisit the Ordinance.
^ Subd. 14
Discussion: It was noted by the Commissioners that Subd. 14 is missing. Jovanovich stated that there
were two Subd. 3, but the Ordinance will be corrected.
^ Page 55-15 (Subd. 15b)
b.... The hearing shall be conducted pursuant to Sections 14.57 to 14.70 of the Minnesota Statutes.
Discussion: Weyrens stated that this sentence should be removed to be consistent with other parts of
the ordinance.
^ Page 55-16 (Subd. 15c) and 55.05
c.... set forth in Section 55.11.12(d) (1 }and (2)
Discussion: The Commissioners recommended that this be revised to show correct references.
The Building Inspector and his designate agencies 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.
Discussion: Wasmund stated that Building Inspector should be changed to Building Official to be
consistent with the ordinance. It was also suggested that, in the last sentence, "official capacity" be
changed to authorization.
Due to the amount of information covered so far, Kalinowski suggested that they continue the discussion
of Ordinance 55 at their next meeting.
Ordinance 52.27: After much discussion, the Commissioners made the following changes:
a. Residential rental, provided the unit owner-occupied and provided the room(s) rented does not
contain separate kitchen facilities and it not intended for use as an independent residence. For
purpose of establishing if the property is owner-occupied, the owner must be a natural person and all
owners must occupy the property as their principal residence. For purposes of determining
ownership, the owner(s) must provide a recorded deed or contract for deed. A purchase agreement
will not be allowed as evidence of ownership.
Deutz questioned whether the current rental licenses in the R1 and R2 districts are renewable or if they
will have a sunset clause attached to them. Jovanovich stated that there will be no sunset provisions for
current rental properties.
Extract of Planning Commission Meeting -February 4, 2008
Ordinance 55: Previously, the Planning Commission began reviewing Ordinance 55.The following is a
continuation of their discussion.
^ Page 55-7 Section 55.04 Subd 1 a
Discussion: Weyrens advised the Commissioners that this section would be replaced with the correct
verbiage as approved for Ordinance 52.27 R1 Single Family.
^ Page 55-2 Section 55.02
Dormitories located on the campus proper of the College of St. Benedict's shall...
Discussion: Wick reminded Weyrens that Benedicf's should read Benedict.
^ Page 55-7 Section 55.04 Subd 1 a (2a)
The rental units must: have a ceiling height of at least seven (7) feet as defined in Section 55.11,
Subd 2
Discussion: Deutz added that this affects basements as well and it should reference the built in
deficiencies.
^ Page 55-7 Section 55.04 Subd 1 b
The owners residing on the property must own 100% of the properties and the...
Discussion: Wick stated that properties should be replaced with property.
^ Paae 55-13 Section 55.04 Subd 16c
Discussion: Wick reported that the reference should be to Section 55.04, Subd 14 not 13.
^ Paae 55-15 Subd 2 (2)
Extension cords shall be used only with portable appliances...
Discussion: Anderson suggested that language be added requiring that grounded outlets be used.
Meyer questioned whether the inspector checks for those types of things.
^ Paae 55.16 Subd 2 (3)
Every room used for human occupancy must have a minimum of two duplex electrical outlets.
Discussion: Meyer stated that this sentence is redundant as it is already stated in Subd 2 (1).
^ Paae 55-17 Subd 4(e)
Each rental dwelling unit shall also have an operating smoke detector on level of the unit.
Discussion: This phrase could be removed as it is already covered by Subd. 4(b).
^ Page 55-18 Subd 4
...shall store and dispose of all his rubbish...
Discussion: Wick stated that his should be replaced with his/her.
^ Paae 55-18 Subd 6a
... it shall be to the 1 other responsibility...
Discussion: The number 1 should be removed.
^ Page 55-21 Subd 5 Stairways, Porches and Balconies
Discussion: Wick and Meyer stated that some stairways have built in deficiencies. Deutz added that
some stairways do not meet the required width. They asked for clarification of what the building code
says.
^ Page 55-26 Section 55.12
Parking
Discussion: Kalinowski questioned the parking spaces required in conjunction with the rental license.
Weyrens stated that those are inspected and must be provided during the application process.
Page 55-26 Subd 3
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 to the exterior of any dwelling unit.
Discussion: Wick questioned why it only referred to units built after 1940. He also questioned if this
section could be removed. Weyrens stated she would check with the building official for clarification.
Page 55-27 Section 55.12 (c)
...required by this code may request permission from the building official for time to come into
compliance with those subsections, which may be approved, in writing, for a period of time not to
exceed one year from the date of adoption of this Ordinance.
Discussion: Kalinowski stated that it should read `must be approved in writing" rather than "may be
approved... ". Wick also added that it should a period not to exceed two years from the date of
adoption to be consistent with 55.01.
^ Page 55-27 Section 55.11
Discussion: Wick stated that Section 55.11 should be changed to 55.13 to be consistent with the
numbering.
^ Page 55-27 Section 55.13 (a)
Discussion: Weyrens advised the commissioners that the proper references will be added.
^ Pag_e 55-28 Section 55.11 (b)
Enforcement of disorderly use violations...
Discussion: Weyrens stated that the City has a policy and that is used unless prohibited. Kalinowski
questioned when it would be prohibited to which Athman stated it would be prohibited if it involved a
juvenile. Kalinowski also questioned if the City Administrator is notified of any such violations.
Weyrens stated that she is notified of all violations.
^ Page 55-29&30 Section 55.15
Discussion: Kalinowski stated that this information should be provided to the Zoning Administrator as
well. Wick questioned the process for the board of appeals and asked that it be consistent. Rieke
questioned whether or not the Planning Commission, acting as a recommending body, can serve as
the Board of Appeals. Weyrens stated that they can act as the Board of Appeals if the Council
chooses.
^ Page 55-31 Subd. 7
... the City Council may be resolution cause the...
Discussion: It was noted that this should read "...the City Council may, by resolution, cause the...".
^ Page 55-3 Subd 5
Discussion: Wick stated that the definition of Building Official captains building official three times and
questioned whether or not it should be changed. Weyrens stated that she would check the definition
for clarification.
Rieke clarified that they will receive a clean copy of Ordinance 55 with the proposed changes at the next
meeting. Weyrens questioned the Commissioners as to how they want to handle public input. They have
decided that they will hold the public hearing on March 3. Copies of the Ordinance will be available at City
Hall or online.
Extract of Planning Commission Minutes -March 5, 2008
Ordinance 55 Housin4 Maintenance -Proposed Ordinance Amendment: Weyrens stated that the
Commissioners received a final draft of the proposed Ordinance 55 Amendment based on their previous
discussions. She added that a notice was sent to all rental license holders with reference to the proposed
Ordinance changes. Based on comments made by the Rental Housing Inspector, Weyrens stated that the
following may need to be addressed as well: Parking Lot Standards; Bedroom sizes; handrails
Meyer addressed the handrail issue. He stated that if there are four or more risers, a handrail would be
required. The reference to handrails is very broad. Utsch stated that it may be better to include reference
to the building code. Andersen stated that it would be best to refer back to the building code for
consistency.
Utsch then questioned whether those landlords in the R1 and R2 Zoning Districts would be grandfathered
in for rental licenses. Weyrens stated that all those who hold rental licenses are grandfathered; however,
they must meet the new requirements if the Ordinance is amended. In some cases their density may be
reduced or they may to make some significant changes to the facility.
Utsch questioned the size of a habitable room. The Ordinance required 150 feet and the State Building
Code requires a minimum of 120 sq. ft. The Commission agreed to change the room size to the State
Building Code requirement of 120 sq. ft.
Utsch also addressed the issue of parking. The City must determine if they want to have tar or concrete
driveways. Deutz stated that bedroom size affects parking.
Weyrens advised the Commissioners that she met with Ron Wasmund and Utsch regarding these
matters and decided to wait to make any changes until after this meeting. At this time all the changes
would be incorporated so the Planning Commission could have one final draft. Meyer stated that the
Ordinance should not supersede the Building Code; rather sections of the building code should be added
as attachments.
Weyrens questioned the Commissioners if they were ready to schedule the Public Hearing on the
proposed Ordinance Amendment. They agreed to hold the hearing in April. Weyrens advised the
Commission that they do no need to act on the amendment at the Public Hearing if additional information
is needed.