HomeMy WebLinkAbout[07] Ordinance 55
Planning Commission Agenda Item 1
CITY OF ST. JOS..:'H
MEETING DATE:
February 4, 2008
AGENDA ITEM:
Ordinance 55
SUBMITTED BY:
Administration
STAFF RECOMMENDATION:
implementation.
Finish review of Ordinance 55 and recommend
PREVIOUS PLANNING COMMISSION ACTION: The Planning Commission has been reviewing.
Ordinance 55, updating the same to the current practices. On January 23 the Planning Commission
finished the first half of the document and tabled the remaining portion to the February 4 meeting.
BACKGROUND INFORMATION:
ATTACHMENTS:
Ordinance 55
REQUESTED PLANNING COMMISSION ACTION: Finish review of Ordinance 55 and
recommend the Council accept the changes.
CHAPTER V - BUILDING, LAND USE & REGULA nONS
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 S1. Joseph;
c) To provide minimum standards for cooking, heating, and sanitary equipment
necessary to the health and safety of occupants of buildings;
d) To provide minimum standards for light and ventilation, necessary to health and
safety;
e) To prevent the overcrowding of dwellings by providing minimum space standards
per occupant for each dwelling unit;
t) To provide minimum standards for the maintenance of existing residential
buildings;
g) To preserve the value ofIand 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 Ordinanceafiicle shall be subject to the following
limitations:
a. Rental properties shall be inspected in 2008. Any such property which
_ha~tI a valid license under the previous rental ordinance, and which would have
passed inspection under the previous ordinance, shall receive a provisional
license commencing August 15,2008, which shall be valid for up to one year,
provided that each such property shall be brought into full compliance with
the standards established by this ftftiete-Ordinance by no later than August 14,
2010. Failure to do so shall result in expiration of the license for the property at
midnight on AugustDeeember 14, 2010.
b. Built-in deficiencies. Certain specific deficiencies (referred to as "built-in
deficiencies") in properties licensed prior to the effective date of this
Ordinanceafiicle may be deemed to be beyond reasonable correction by the
building official and may therefore be waived from meeting certain
requirements of this afiicleOrdinance. 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 ofthe 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
Ordinanceafiicle 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 ftftiete-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 oftwo or
more persons or families living in separate units shall conform to the requirements ofthis
ordinance, irrespective of when such building may have been constructed, altered, or repaired.
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This ordinance establishes minimum standards for erected dwelling units, accessory structures
and related premises.
Dormitories located on the campus proper of the College of St. Benedict's shall not come
under the provisions ofthis ordinance. Apartments located on the campus proper of the College
of St. Benedict's and which are used exclusively as student housing shall not come under the
provisions ofthis ordinance. The City Council finds that the general objectives enumerated under
Section 55.1 are being met by the College of St. Benedict's for the following reasons:
Subd. 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 MonastervConvent
e) Maintenance Staff of College and MonastervConvent
t) Residence Assistants (live with students)
g) Faculty Residence (live with students)
h) Residence Directors (live with students)
Subd.2: The College ofSt. 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
t) Instructional classes on the use of fire extinguishers
g) Classes in fire prevention
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h) Sprinkling systems installed where needed
Section 55.03: DEFINITIONS. The following definitions shall apply in the
interpretation and enforcement of this ordinance:
Subd. 1: Accessory Structure. A structure subordinate to the main or principal dwelling
or dwellings and which is not used nor authorized to be used for living or sleeping by human
occupants and which is located on or partially on the premises.
Subd.2: Adult. A person 18 years of age or older.
Subd.3: Building. Any structure erected for the support, shelter, or enclosure of
person~ animals, chattels, or movable property of any kind.
Subd. 4: Building code. The Minnesota State Building Code and optional codes
adopted by the city in Ordinance 51, as amended from time to time.
Subd. 5: Building official. The person designated by the city as its building official
and includes any person designated by the building official to perform any of the functions of the
building official under this OrdinanceaFtiele.
Subd. 6: Compliance Official. The Building Inspector and his designated agents
authorized to administer and enforce this ordinance.
Subd. 7: Dwelling. A building or portion thereof, designed or used predominantly for
residential occupancy of a continued nature, including 1 family dwellings, 2 family dwellings,
and multiple; family dwellings; but not including hotels and motels.
Subd. 8: Dwelling Unit. A single residential accommodation which is arranged,
designed, used or, if vacant, intended for use exclusively as a domicile for one family. Where a
private garage is structurally attached, it shall be considered as part of the building in which the
dwelling unit is located.
Subd. 9: Efficiency Living Unit. A room having cooking facilities used for combined
living, dining, and sleeping purposes and meeting the requirements of Section 55.09.1,
Exception.
Subd. 10: Egress. An arrangement of exit facilities to assure a safe means of exit
from a building.
Subd. 11: Electrical code. The national electrical code, which is part of the building
code adopted by the city.
Subd. 12: Extermination. The control and elimination of insects, rodents, or other
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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. 13: Familv. Shall have the same meaning as adopted in Ordinance 52, Subd. 31 of
this Code of Ordinances.
Subd. 14: Fire code. The part of the building code adopted by the city.
Subd. 15. Floor area. The net floor area within the enclosed walls of a room in
which the ceiling height is not less than 7 feet, excluding areas used for closets and built-in
equipment such as cabinets, kitchen units, fixtures and appliances.
Subd. 16. Flush Water Closet. A toilet, with a bowl and trap made in one piece, which is
connected to the City water and sewer system or other approved water supply and sewer system.
Subd. 17: Garbage. Putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking, and consumption of food.
Subd. 18: Habitable Building. Any building or part thereof that meets minimum
standards for use as a home or place of abode by one or more persons.
Subd. 19: Habitable Room. A room or enclosed floor space used or intended to be used
for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet
compartments, laundries, furnace rooms, unfinished basements, (those without required
ventilation, required electric outlets and required exit facilities), pantries, utility rooms ofless
than 50 square feet of floor space, foyers, communicating corridors, stairways, closets, storage
spaces, and workshops, hobby and recreation areas in parts of the structure below ground level or
in attics.
Subd.20: Heated Water. Water heated to a temperature of not less than 120 degrees
Fahrenheit, or such lesser temperature required by government authority, measured at faucet
outlet.
Subd.21: Infestation. The presence of insects, rodents, or other pests within or
around the dwelling on a premises.
Subd. 22: Kitchen. A space which contains a sink with counter working space, adequate
space for installing cooking and refrigeration equipment and adequate space for the storage of
cooking utensils.
Subd. 23: 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.
Subd. 24: Manager. The person who has charge, care or control of a building or part
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thereof in which dwelling unit(s) or rooming unit(s) are let.
Subd.25: Mechanical code. Part of the building code adopted by the city.
Subd. 26: Multiple family dwelling. A dwelling or portion thereof containing three or
more dwelling units.
Subd. 27: Nuisance. Nuisance is:
1. Any nuisance as defined by this aFticle-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.
9. Whatever renders air, food er drink unwholesome or detrimental to the +------{ Formatted: Bullets and Numbering
health of human beings as determined by the building official.
Subd. 28: Occupant. Any person (including owner or operator) living, sleeping, cooking
and eating in dwelling unit or living and sleeping in a rooming unit.
Subd. 29: Operator. The owner or his agent who has charge, care, control, or
management of a building, or part thereof, in which dwelling units or rooming units are let.
Subd. 30: Owner. Any person, firm or corporation who, alone, jointly, or severally with
others, shall be in actual possession of, or have charge, care or control of, any dwelling, dwelling
unit, or rooming unit within the City as owner, employee, or agent of the owner, or as trustee or
guardian ofthe estate or person of the title holder. Any such person representing the actual
owner shall be bound to comply with the provisions of this ordinance to the same extent as the
owner.
Subd. 31: Permissible occupancy. The maximum number of persons permitted to reside
in a dwelling unit or rooming unit.
Subd. 32: Person. An individual, firm, partnership, association, corporation or joint
venture or organization of any kind.
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Subd.33: Plumbing. All of the following supplied facilities and equipment in a
dwelling: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units,
waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths,
installed clothes washing machines, catch basins, drains, vents, and any other similar fixtures and
the installation thereof, together with all connections to water, sewer and gas lines.
Subd.34. Plumbing Code. Part of the building code adopted by the City.
Subd. 35: Premises. A platted lot or part thereof or unplatted parcel of land, either
occupied or unoccupied by any dwelIing or nondwelIing structure, including such building,
accessory structure or other structure thereon.
Subd. 36: Public Hall. A hall, corridor or passageway for providing egress from a
dwelling unit to a public way and not within the exclusive control of one family.
Subd.37: Refuse. All putrescible and nonputrescible waste solids including garbage and
rubbish.
Subd.38 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. 39. Rent. A stated return or payment for the temporary possession of a dwelIing,
dwelIing unit or rooming unit. The return or payment may be money, service, property or other
valuable consideration.
Subd. 40. Rental/Owner 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 mayor 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.41. Rental Dwelling or Dwelling Unit. Any dwelling, dwelIing unit, rooming unit,
or multiples thereof on one property and the related premises which are subject to this
ftftieleOrdinance.
Subd. 42: Repair. To restore to a sound and acceptable state of operation, serviceability
or appearance.
Subd. 43: Rodent Harborage. Any places where rodents can live, nest, or seek shelter.
Subd.44: Rooming Unit. Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping, but not for cooking and eating purposes.
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Subd.45: Rubbish. Nonputrescible solid wastes consisting of both combustible and
noncombustible wastes, such as paper, cardboard, tin cans, grass and shrubbery clippings, wood,
glass, brick, plaster, bedding, crockery and similar materials.
Subd.46: Safetv. The condition of being reasonably free from danger and hazards
which may cause accidents or disease.
Subd.47: Substandard dwelling. Any dwelling which does not conform to the minimum
standards established by City Ordinances.
Subd.48: Supplied. Paid for, furnished by, provided by or under the control of the
owner, operator, or agent of a dwelling.
Subd.49: Meaning of certain words. Whenever the words "dwelling", "dwelling unit",
"premises", "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. I. Limitation on rental properties.
a. R-I Propertv. Any property which is rented in an R-I area must be owner
occupied and the owners residing on the property must own 100% of the
propertxies and the owners may not exceed two in number. In such an
owner-occupied rental, the rooms rented must not contain separate kitchen
facilities and the rooms rented may not be intended for use as an
independent residence. In addition:
I) the property must satisfy the parking requirements contained in the
St. Joseph Ordinance;
2) the rental units must:
-a) have a ceiling height of at least seven (7) feet~ +------{ Formatted: Indent: left: 2"
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 Propertv. In the R-2 zone, single-family dwellings may only be
owner-occupied as set forth above in Section 55.04, Subd. I(a). Two-
family dwelling units must be owner-occupied in at least one of the
dwelling units. The owners residing on the property must own 100% of
the properties and the number of owners may not exceed two in number.
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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 ofthe various applicabletieft St.
Joseph Zoning Ordinances.
d. R-4 Propertv. 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 ofthis
aFtieleOrdinance. 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 ofSt. 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 I,
1981, the registration statement shall be filed before February I, 1981. In the case of rental
property completed and ready for occupancy after February I, 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.
Prior to the issuance of any new rentallieense, the Planning Commission shall approve
the registration and application to insure that the proposed rental use of the pmperty eomplies
with the reqHirements of the St. Joseph Zoning Ordinance and other ordinances of the City.
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Subd.1;: 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 ifthe owner is an unincorporated association,
by the manager or managing officer thereof. Renewal of registrations as required annually by
this Ordinance may be made by fiIling 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. ,24. 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. Q~: Annual Registrations. Commencing with the year 1982, the registration of all
rental dweIlings registered for the previous year shall be renewed not later than the first day of
August of each year.
Subd. 16: 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; however, the licensee shall be entitled to a license fee refund pro rated monthly,
upon proof of transfer ofIegal control of ownership. In the case of new unlicensed dweIlings,
license fees shall be due upon the issuance of the certificate of occupancy; in the cases of
licensing periods ofIess than one year, license fees shall be pro rated by month.
Subd. 2.8. Inspections Required.
(a) The building official shall inspect property for compliance with this ftftiele
Ordinance upon application for a rental housing license and every two years
thereafter, except as otherwise expressly provided. No license shall be issued
except upon a satisfactory annual 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.
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(c) Any owner or occupant of rental property may request an advisory inspection of
the property at any reasonable time.
(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) Ifthe building official finds a violation of the standards imposed by this aftieJe
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 aftieJeOrdinance.
(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.l.Q9: 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. ue: 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+: Occupancv Register Required. Every owner of a licensed rental dwelling
shall keep, or caused to be kept, current register of occupancy for each dwelling unit which
provides for the following information:
a. The dwelling unit address;
b. Number of bedrooms in the dwelling units;
c. Name of adult occupants and number of adults and children (under 18 years of
age) currently occupying the dwelling unit;
d. Dates renters occupied and vacated dwelling unit;
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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 ofthis
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. IJ.~. Renewal. Except as otherwise provided in this aftieleOrdinance, 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. I~: 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 ofthe 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 may be 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 nor more than 12 months. Execution of the suspension or
revocation may be stayed by the Council on such reasonable conditions as established by the
Council, including but not limited to, the payment of a civil penalty not to exceed $ I ,000.00.
Upon the completion of one half of the period of revocation or suspension imposed by the City
Council, the licensed owner may petition the City Council for early restoration of the rental
license. Upon receipt of the petition, the licensed owner's request shall be heard by the City
Council at the next regular scheduled meeting, (but at least 7 days from receipt of the request).
At that time, the City Council may order a restoration of the rental license if the licensed owner
establishes by clear and convincing evidence that one of the following two circumstances then
exist:
I) The property has been sold since the occurrence of the original violation to a party
unrelated to the original owner. The sale must be for a fair consideration,
negotiated at arm's length, and by Deed duly filed for record at the office of the
55-12
CHAPTER V - BUILDING, LAND USE & REGULATIONS
County Recorder. A sham or "paper" transfer oftitle 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 ofthe 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 ofthe
City of S1. Joseph and laws of the State of Minnesota.
Subd. IQ~: 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 S1. Joseph and the laws of the State of Minnesota.
b) The owner of property for which the renewal of a licensee has been denied may
request a hearing before the City Council challenging the decision of non-
renewal. The right to demand a hearing must be exercised by the Owner within
seven (7) days of notice of non-renewal or the hearing is deemed waived. :ffle
Hearing sHall be conducted pl:lfGl:IElnt to Seetiens 11.57 te 11.70 onlle MiAAcsetEl
Statutes.
c) In the event of non-renewal, the owner may not reapply for a rental license for a
period of eleven (II) months from the date of non-renewal, unless the owner
establishes to the City Council by clear and convincing evidence the existence of
one of the two circumstances set forth in Section 55.04. Subd. 13. paragraph I and
211.12(d) (1) and (2).
Section 55.05: ENFORCEMENT AND INSPECTION AUTHORITY. The Building
OfficialInspeetor 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
55-13
CHAPTER V - BUILDING, LAND USE & REGULATIONS
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 authorization
official capacity to the occupant in charge of a respective dwelling unit.
...~!I:~~: _!: _ _SQeci f!~?:I)y _ prohibit{:d_ ?:ct~. _ ~<?{:~{:~ _~~~_~ _~W _ 9-( _th~_ K<?!!<?~i-,)g! }_I)_ ?_4~1i_~i~!I: _t~ _ _ _ _ _- - - - - { Formatted: Not Highlight
any other violation of this afficle--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 lafi(t9J:_49-~~_!l:o~_~~_f!HfY?:~_?_!J.~~~<?~!I:1____------{ Comment [01]: Should be and/or
under this ftftieleOrdinance. ------{ Formatted: Not Highlight
(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.
...~~_~![<?_I)_?_~:Q~~__SI~Ac:E. OCCUP A"N'c::X AND USE~:r i\l~DAR[)~_______________________________------{ Formatted: Not Highlight
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 CodelO~_<:2_<?~_____________------ Comment [02]: How does this relate to the
International Building Code (IBC) requirements, which number shall be designated in ..... definition ofa family. Shouldn't the occupancy be
limited to the definition not the IRe?
conjunction with the issuance of the rentallicense.ll!1_?MJ_ti~nJ~_th?:Ui!l:1.i_t~H<?!1,-rell~!.p-,:ol'erti<::.~__ .... Formatted: Not Highlight
in an R-] or R-2 district may not be occupied by more than 3 adult persons who are unrelated by - {
-- Formatted: Highlight
blood, marriage, or adoption, provided that a property ovt'Her ma)' appl)' for a eOHditionaluse
permit to allow 4 or 5 unrelated adult persons to OCCUP)' a rental unit and such a permit may be
approved by the building offieial if the building offieial eaH reasonably determine that the unit
has adeql:late square footage as designated by the IRC oceupancy taBle to adequately house 4 or 5
pe0131e aAd that it contaiAs 4 or 5 original ar remodeled bedrooms (AOt bedrooms converted from
other uses sueh as liviAg rooms, diAing rooms, hallways or el0sets) whieh c0Aform to the
requiremeHts of this artiele. The cOHditional use permit shall be automatically revoked in the
e','eHt of aAY vielatiElA 0fthe oeeupaflCY reql:lirements. The bl:lildiflg official mil)' impose
55-]4
CHAPTER V - BUILDING, LAND USE & REGULA nONS
If a property owner proposes to let a rental unit in an R- I or R-2 district to more than the
number of adult persons allowed pursuant to the foregoing paragraph, the burden shall be on 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 ftfticle-Ordinance immediately
upon the effective date of this ftftieleOrdinance, unless a different date or time is specified in this
ftftieleOrdinance.
(I) 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)
IExtension 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 Lm_------
i~_t_Q _?!! _?RP_~Q~~~ _().l!!!~!! .P~~~~ _~?R g~_ ~_~H! :p)_~g _?~?R~~~_ ?_~~ _~~_~!!,_ _ ~~~_ep_t_ [Q~ _ _ _ __ _ __
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.
Comment [03]: The Planning Commission does
not want to add a provision for additional tenants.
They want to leave the RI as defined in the
Ordinance. They do not want to allow for increased
density.
Formatted: Not Highlight
Comment [04]: A question was raised as to
whether or not this could be re-worded to "shall be
used in a safe place". One of the members
questioned how a landlord can control the use of
extension cords.
Formatted: Not Highlight
rCOMMENT TO COMMENT: THE TERM "SAFE PLACE" IS TOO AMBIGUOUS. THE .-------{ Formatted: Indent: Left: 0", First line: 0" ].
PURPOSE OF THE ORDINANCE IS TO REOUIRE THE LANDLORD TO PROVIDE
ENOUGH OUTLETS TO THE TENANTS SO THE TENANTS DO NOT USE EXTENSION
CORDS. WE ARE WELL A WARE THAT THE LANDLORD CAN'T CONTROL THE USE
OF EXTENSION CORDS. HOWEVER. THE LANDLORD CAN CONTROL THE "NEED"
FOR THESE EXTENSION CORDS BY PROVIDING SUFFICIENT OUTLETS.
ACCORDINGL Y. WE HAVE NOT CHANGED THE ORDINANCE.l
55-15
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 ~i mes~ h<l.~~J~~~_ <l._~~~~~J9. _th~_ !,_~~i_~~J~<l.!!~L _ _' _ -' - Comment [05]: Should be times nottunes.
for their dwelling unit. All exposed wiring must be secured by approved ------{ Formatted: Not Highlight
methods. All electrical boxes must have cover plates and the cover plates must
not be cracked or broken. Every room used for human occupancy must have a
~inimum of two duplex electrical outleti91:'~J~~~}1~~~!_I))_~~!_!~_~_~~~~i_~~I))_~~_t_~_<?L__---_.-
tlnational ];electrical !::.eode. '
CHAPTER V - BUILDING, LAND USE & REGULATIONS
(3)
the
rCOMMENT TO COMMENT: WE HAVE CHANGED THE ORDINANCE TO REOUIRE
TWO DUPLEX ELECTRICAL OUTLETS.l
Subd. 3. Exits: hand and guardrails.
(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 tlfticleOrdinance, the Minnesota Beuilding and Efire !::.eodeS;-ftftti
<L_I,.Af"' I __
~i_________________________________________________________________________________________________-<:~--
(b)
Smoke detectors. Smoke detectors shall be installed as required by this
afficleOrdinance. 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.
55-16
+,
Comment [06]: Should this be duplex outlet
instead of two electrical outlets. The Commission
also questioned whether or not this section could be
referred to the State Code. This was not a burning
issue, more of a question.
Formatted: Not Highlight
Formatted: Indent: Left: 0", First line: 0"
Comment [07]: Questioned what Me is and
should it be spelled out.
Formatted: Not Highlight
CHAPTER V - BUILDING, LAND USE & REGULATIONS
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.
(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 I.pBC1 The extinEuisher shall be located within the _-----{ Comment [08]: Should this be ABC
individual dwelling unit or in a commoi;hallwayo;.-c-orridorwfthifi"j,80Ifeet-(;toooo--- - Formatted: Not Highlight
each dwelling unit door. mmoomm,c,~::-- Comment [09]: Typo. should this be 50 reet
"'{ Formatted: Not Highlight
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.l_ _ _ _ _m _ _ _ _ _ _ _ _ _mmm _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ m _ _ _ _ m moomm mmmmmmmm_..- .--
(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. Each rental dwelling unit shall also have an operating
smoke detector on each level of the unit. All buildings shall be subiect to the
Uniform Fire Code.
Comment [010]: Many ofthe landlords use
disposable extinguishers so this does not apply.
Should additional language be added to cover other
types of extinguishers so that they are valid the entire
rental licensing period.
Also, the Commission noted that there is no
reference to Carbon Dioxide detectors. should this be
added?
..
Formatted: Indent: Left: 0", First line: 0"
Formatted: Indent: Left: OS
rCOMMENT TO COMMENT: WE HAVE NOT CHANGED THIS SECTION. +..
CURRENTL Y. FIRE EXTINGUISHERS NEED TO BE CURRENT ON A YEARLY BASIS.
EVEN IF THE LANDLORD USES A DISPOSABLE EXTINGUISHER, THEY MUST BE
INSPECTED EACH YEAR.l
Section 55.Q7 RESPONSIBILITIES OF OWNERS AND OCCUPANTS:
Subd. 1: Sallitation. No ovmer or other person shall occupy Elr let tEl aRother person any
d'welling, dwelling unit or rooming unit unless it and the premises are clean, sanitary, fit for
human occupancy, and comply with all applicable legal requiremeRt3 of the State of MiRResota
and the City ofSt. J03eph, ineluding the fElllowiRg requirement3:
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
55-17
CHAPTER V - BUILDING, LAND USE & REGULA nONS
dwelling, dwelling unit and premises thereof, that the person occupies and controls in order to
prevent any health, safety or fire hazard.
Subd.4: Storage and Disposal of Rubbish. Every occupant ofa dwelling, dwelling unit
or rooming unit shall store and dispose of all his rubbish in a clean, sanitary, and safe manner as
prescribed by the Code of Ordinances of the City of St. Joseph and amendment thereto.
Subd. 5: Storage and Disposal of Garbage. Every occupant of a dwelling; dwelling unit
or rooming unit shall store and dispose of all his garbage and any other organic waste which
might provide food for insects and/or rodents in a clean, sanitary, and safe manner as prescribed
by the Code of Ordinances of the City of 81. Joseph and amendments thereto.
Subd.6: Responsibility for Storage and Disposal of Garbage and Rubbish.
a) Every owner of rental dwellings shall supply facilities for the sanitary and safe
storage and/or disposal for rubbish and garbage. In the case of all other
dwellings, it shall be to the 1 other responsibility of the occupant to furnish such
facilities.
b) The provisions of Ordinances I07 and I08 of this Code relative to weed and brush
control, and garbage and rubbish disposal, shall apply to all residential rental
property and be enforceable against both the owner and occupant of the property.
Subd. 7: Responsibility for Storm and Screen Doors and Windows. The owner of a
rental dwelling unit shall be responsible for providing and hanging all screens and storm doors
and storm windows whenever the same are required under the provisions of this ordinance,
except where there is written agreement otherwise between the owner and occupant.
Subd. 8: Responsibil ity for Pest Extermination. Every occupant of a dwelling containing
a single dwelling unit shall be responsible for the extermination of vermin infestations and/or
rodents on the premises. Every occupant of a dwelling unit in a dwelling containing more than
one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the
only one infested. Notwithstanding, however, whenever infestation is caused by the failure of the
owner to maintain a dwelling in a reasonable rodent proof or reasonable vermin proof condition,
extermination shall be the responsibility of the owner. Whenever infestation exists in two or
more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling
containing two or more dwelling units, extermination thereof shall be the responsibility of the
owner.
Subd. 9: Rodent Harborages Prohibited in Occupied Areas. No occupant of a dwelling
or dwelling unit shall accumulate boxes, lumber, scrap metal, or any other similar materials in
such a manner that may provide a rodent harborage in or about any dwelling or dwelling unit.
Stored materials shall be stacked neatly in piles.
Subd. 10: Rodent Harborages Prohibited in Pub I ic Areas. No owner of a dwelling
containing two or more dwelling units shall accumulate or permit the accumulation of boxes,
55-18
CHAPTER V - BUILDING, LAND USE & REGULATIONS
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. 11: Prevention of Food for Rodents. No owner or occupant of a dwelling or
dwelling unit shall store, place or allow to accumulate any materials that may serve as food for
rodents in a site accessible to rodents.
Subd. 12: Sanitary Maintenance of Fixtures and Facilities. Every occupant of a dwelling
unit shall keep all supplied fixtures and facilities therein in a clean and sanitary condition and
shall be responsible for the exercise of reasonable care in the proper use and operation thereof.
Subd. 13: Minimum Heating Caoability and Maintenance. In e'/el)' dwelling unit Elr
rooming I:Init when the control of the sl:Ipplied heat is the responsibility of a person other than tae
occupant, a temperature of at least 68 degrees Fahrenheit or such lesser temperature required by
gEl'/ernment al:lthority shall be maintained at a distance Elf three feet abElve the floor and three feet
from exterior '/,alls in all habitable rooms, bathrooms, and water closet compartments from
September tafElI:Iga May.
Subd. 13: Removal of Snow and Ice. The owner of a multiple family dwelling or
dwellings shall be responsible for the removal of snow and ice from parking lots, driveways,
steps and walkways on the premises. Individual snowfalls of three inches or more, or successive
snowfalls accumulating to a depth of three inches, shall be removed from parking lots and
driveways within 24 hours after cessation of the snowfall. Individual snowfalls of one inch or
more, or successive snowfalls accumulating to a depth of one inch, shall be removed from steps
and walkways within eight hours after cessation of the snowfall.
Subd. 14: Minimum Exterior Lighting. The owner of a multiple family dwelling or
dwellings shall be responsible for providing and maintaining effective illumination in all exterior
parking lots and walkways.
Subd. 15: Maintenance of Driving and Parking Areas. The owner of a multiple dwelling
or other rental property shall be responsible for providing and maintaining in good condition
parking areas and driveways for tenants as mandated by the provisions pf Section 52.10- ofL......{ Comment [0111: Reference needs to be added.
this Code of Ordinances.
Subd. 16: Maintenance of Yards. The owner ofa multiple family dwelling or dwellings
shall be responsible for providing and maintaining premises' yards consistent with Section
55.08.10.
Section 55.08: MINIMUM STANDARDS FOR BASIC EOUIPMENT AND
FACILITIES. No person shall occupy as owner, occupant, or let to another for occupancy any
dwelling or dwelling unit, for the purposes of living, sleeping, cooking, eating therein, which
does not comply with the following requirements:
55-19
CHAPTER V - BUILDING, LAND USE & REGULATIONS
Subd. I: Kitchen Facilities. Every dwelling unit shall have a room or portion of a room
in which food may be prepared and/or cooked and which shall have adequate circulation and
which shall be equipped with the following:
a) A kitchen sink in good working condition and properly connected to an approved
water supply system and which provides at all times an adequate amount of
heated and unheated running water under pressure, and which is connected to an
approved sewer system.
b) Cabinets and/or shelves for the storage of eating, drinking, and cooking
equipment and utensils and of food that does not require refrigeration for
safekeeping; and a counter or table for food preparation. Said cabinets and/or
shelves and counter or table shall be adequate for the permissible occupancy of
the dwelling unit and shall be of sound construction furnished with surfaces that
are easily cleanable and that will not impart any toxic or deleterious effect to
food.
c) A stove or similar device for cooking food, and a refrigerator or similar device for
the safe storage of food, which are properly installed with all necessary
connections for safe, sanitary, and efficient operation. Provided that such stove,
refrigerator, or similar devices need not be installed when a dwelling unit is not
occupied and when the occupant is expected to provide same on occupancy, in
which case sufficient space and adequate connections for the installation and
operation of said stove, refrigerator or similar device must be provided.
Subd. 2: Toilet Facilities. Within every dwelling unit there shall be a nonhabitable room
which is equipped with a flush water closet in good working condition. In a rental dwelling unit,
such room shall have an entrance door which affords privacy. Said flush water closet shall be
equipped with easily cleanable surfaces, shall be connected to an approved water system that at
all times provides an adequate amount of running water under pressure to cause the water closet
to be operated properly, and shall be connected to an approved sewer system.
Subd.3: [Lavatory Sink. 1~[~~_i~_t:Xt:ry_~.\Xt:!!iI1K~}*_~~_~~~_~h?JJJ~t:_~l~~~~<?ry_~[I1_~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.
rCOMMENT TO COMMENT: WE HAVE INCLUDED ADDITIONAL LANGUAGE AS TO
WHAT A LAVATORY SINK ENTAILS FOR PURPOSES OF THE ORDINANCE.l
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
55-20
Comment [012]: Question arose as this is not
defined in the definition section.
CHAPTER V - BUILDING, LAND USE & REGULATIONS
shower may be in the same room as the flush water closet, or in another room and shall be
properly connected to an approved water supply system and shall provide at all times an
adequate amount of heated and unheated water under pressure, and shall be connected to an
approved sewer system.
Subd. 5: Stairways. Porches and Balconies. Every stairway, inside or outside of a
dwelling and every porch or balcony, shall be kept in safe condition and sound repair. Every
flight of stairs and every porch and balcony floor shall be free of deterioration. Every stairwell
and every flight of stairs which is more than four risers high shall have handrails approximately
~4 to 389 inches high, measured vertically from the nose of the stair tread to the top of the
handrail. Every porch which is more than four risers high and every balcony shall have handrails
approximately 34 to 389 inches above ~~_~_n<?~~_<?nh~J:~<?!(;l1~~_~_*~~J,_~Y_~I)'J!~_~~~aiLa!1~t________------
balustrade shall be firmly fastened and maintained in good condition. No flight of stairs shall
have settled out of its intended position or have pulled away from the supporting or adjacent
structures enough to cause a hazard. No flight of stairs shall have rotting, loose, or deteriorating
supports. Excepting spiral and winding stairways, the treads and risers of every flight of stairs
shall be uniform in width and height. Stairways shall be capable of supporting a live load of 100
pounds per square foot of horizontal projection. The conditions set forth in this Subd. 5 are not
considered built-in deficiencies.
rCOMMENT TO COMMENT: WE HAVE INCLUDED ADDITIONAL LANGUAGE THAT
THE CONDITIONS SET FORTH IN SUBD. 5 ARE NOT BUILT-IN DEFICIENCIES. THE
REASONS FOR THIS ARE THAT THE CONDITIONS IN SUBD. 5 DEAL WITH SAFETY
MA TIERS AND ACCORDINGLY. THEY ARE NOT BUILT-IN DEFICIENCIES. BUILD-
IN DEFICIENCIES WOULD BE THE SIZE OF THE RISER AND SLOPE OF THE STEPS.
THESE ARE NOT THE TYPES OF CONDITIONS LISTED IN SUBD. 5.1
8ubd. 6: .^.ccess tEl Dwelling Unit. Access tEl Elr egress from cach dwelling unit shall be
providcd without passing through any other d-,yelling unit.
Subd. 6: Door Locks. No owner shall occupy nor let to another for occupancy any
dwelling or dwelling unit unless all exterior doors of the dwelling or dwelling unit are equipped
with safe, functioning locking devices. Multiple family dwellings shall be furnished with door
locks as follows:
a) For the purposes of providing a reasonable amount of safety and general welfare
for persons occupying multiple family dwellings constructed after May 5, 1969,
an approved security system shall be maintained for each multiple family building
to control access. The security system shall consist of locked building entrance or
foyer doors, and locked doors leading from hallways into individual dwelling
units. Dead latch type door locks shall be provided with lever knobs (or
doorknobs) on the inside of building entrance doors and with key cylinders on the
outside of building entrance doors. Building entrance door latches shall be a type
that are permanently locked from the outside and permanently unlocked from the
inside.
55-2 I
Comment [013]: Questioned if this is the correct
height. Some Commissioners indicated that the
correct height is 34" to 38".
This item also added considerable discussion as to
whether or not an inadequate stairway is a "Building
Deficiency". It was stated that if it is not then a
number of rental units may not pass.
CHAPTER V -BUILDING, LAND USE & REGULATIONS
b) Every door that is designed to provide ingress or egress for a dwelling unit within
a multiple family building shall be equipped with an approved lock that has a
deadlocking bolt that cannot be retracted by end pressure, provided, however, that
such door shall be openable from the inside without the use of a key or any
special knowledge or effort.
Section 55.08: MINIMUM STANDARDS FOR LIGHT AND VENTILATION. No
person shall occupy as owner, occupant or let to another for occupancy any dwelling or dwelling
unit, for the purpose of living therein, which does not comply with the following requirements:
Subd. 1: Habitable Room Ventilation. Except where there is supplied some other device
affording adequate ventilation and approved by the Compliance Official, every habitable room
shall have at least one window facing directly outdoors which can be opened easily. The
minimum total of openable window area in every habitable room shall be the greater of 4% of
the floor area of the room or four square feet.
Subd.2: Nonhabitable Room Ventilation. Every bathroom and water closet compartment
and every laundry and utility room shall contain at least 50% of the ventilation requirement for
habitable rooms contained in Section 55.06.1, except that no windows shall be required if such
rooms are equipped with a ventilation system which is approved by the Compliance Official.
Subd.3: Electrical Equioment. All electrical equipment, wiring and appliances shall be
installed and maintained in a safe manner in accordance with all applicable laws. All electrical
equipment shall be of an approved type.
Where there is electrical power available within 300 feet of the premises of any building,
such building shall be connected to such electrical power. Every habitable room shall contain at
least two supplied electric convenience outlets or one such convenience outlet and one supplied
electric fixture. Every water closet compartment, bathroom, furnace room, laundry room, and
public hallway shall contain at least one supplied electric light fixture.
Section 55.09: MINIMUM THERMAL STANDARDS. No person shall occupy as
owner, occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of
living therein, which does not have heating facilities which are properly installed, and which are
maintained in safe and good working condition, and which are capable of safely and adequately
heating all habitable rooms, bathrooms, and water closet compartments in every dwelling unit
located therein to a temperature of at least 68 degrees Fahrenheit at a distance of three feet above
floor level and three feet from exterior walls at an outside temperature of 25 degrees Fahrenheit.
Gas or electric appliances designed primarily for cooking or water heating purposes shall not be
considered as heating facilities within the meaning of this section. Portable heating equipment
employing flame and the use ofliquid 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:
55-22
CHAPTER V - BUILDING, LAND USE & REGULA nONS
Subd. 1: Foundations. Exterior WalIs and Roofs. The foundation, exterior walIs and
exterior roof shalI be substantialIy water tight and protected against vermin and rodents and shalI
be kept in sound condition and repair. The foundation element shalI adequately support the
building at alI points. Every exterior wall shalI 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 walIs or to the exterior spaces of the dwelling. The roof shalI be tight and
have no defects which admits rains, and roof drainage shalI be adequate to prevent rain water
from causing dampness in the walIs. AII exterior wood surfaces, other than decay resistant
woods, shalI 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 shalI be painted. If 15%
or more of the exterior of the painting of any brick, block or stone walI is loose or has falIen out,
the surface shalI be repaired.
Subd. 2: Windows. Doors and Screens. Every window, exterior door, and hatchway
shalI be substantialIy tight and shalI be kept in sound condition and repair. Every window, other
than a fixed window or storm window, shalI be capable of being easily opened. Every window,
door and frame shalI be constructed and maintained in such relation to the adjacent walI
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 shalI be supplied with 16
mesh screens during the insect season.
Subd.3: Floors. Interior WalIs and Ceilings. Every floor, interior walI, and ceiling shalI
be adequately protected against the passage and harborage of vermin and rodents, and shalI be
kept in sound condition and good repair. Every floor shalI be free of loose, warped, protruding or
rotted flooring materials. Every interior walI and ceiling shalI be free of holes and large cracks
and loose plaster and shalI be maintained in a tight weatherproof condition. Toxic paint and
materials with a lasting toxic effect shalI not be used. Every toilet room and bathroom floor
surface shalI be capable of being easily maintained in a clean and sanitary condition.
Subd. 4: Rodent Proof. Every dwelIing and accessory structure and the premises upon
which located shalI be maintained in a rodent free and rodent proof condition. All openings in
the exterior walIs, foundations, basements, ground or first floor, and roofs which have a 2"
diameter or larger opening shalI be rodent proofed in an approved manner. Interior floors or
basements, celIars and other areas in contact with the soil shalI be paved with concrete or other
rodent impervious material.
Subd. 5: Fence Maintenance. AII fences supplied by the owner or agent on the premises
and alI fences erected or caused to be erected by an occupant on the premises shalI consist of
metal, wood, masonry, other decay resistant material. Fences shalI be maintained in good
condition both in appearance and in structure. Wood material, or other than decay resistant
varieties, shalI be protected against decay by use of paint or other preservatives.
Subd. 6: Accessory Structure Maintenance. Accessory structures supplied by the owner,
agent or tenant occupant on the premises of a dwelling shalI be structuralIy sound, and be
55-23
CHAPTER V - BUILDING, LAND USE & REGULA nONS
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.
_ _ _ _ _ _ _ _ _ _ _ ~~~.<!: _!~: _~u.iI<!ing _ identi fi catio_n~ _ ~Y_~I)'_ ~!l.i}_4!!I_R ~_~~J.1_ hax~_ !h~ _ ~~_~i~~_4 _ ~!~~_~! _1}IJ!11_~~~( ~) _ _ _ _ - - - - { Formatted: Not Highlight
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.
t Every building shall have the owner's name, address and phone number posted on a sign
or plaque within 2 fcet ofthc main building entmnce. I[there is a rental agent or manager, the
agent or manager's name, address and phone number shall also be posted, adjacent to the
ovyner's. The nl:lmber of occupants for v..hieh each rental unit is approyed shall also be stated.
Sueh sign or plaque shall be permanentl)' affi){ed to the inside of the building. The sign shall be
printed in letters a minimum of?" in height and shall be worded aeeerding to the following
feflre
BUILDING O'NNER
NAME
STREET ADDRESS
CITY, ETf.TE, ZIP
,A.GE}-IT/Mf.Nf.GER
NM,4E
STREET f.DDRESS
CITY, STATE, ZIP
55-24
CHAPTER V - BUILDING, LAND USE & REGULATIONS
PHONE NUMBER
PHONE NUMBER
UNIT ff
UNIT ff
OCCUPANTS
OCCUP;\NTS 1____________________________________ _ _ __________ _ _ _ _ _ _ _ _ ___ _ _ __- ----
I 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 .t_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - --
Comment [014]: The Planning Commission
recommended this section be deleted. Section 55.04
subd 3 already requires this information and section
55.09 requires that the same be posted in a
conspicuous place.
Comment [015]: Should this section also
include a reference to the prohibition from parking
r L on the grass. as stated in this Ordinance and should
L_ _ _ _ ___~~_~~tJ~?,__I?~fac_e<l property,_...~~~_'!!L~~~h~_!.(:sp.o!'!sj!J.iJJt):_<?f ~h~_ ~!\'!1_~r !<?_ !.~~!~~~_ ~_I}L_ _ ~__ we also include a reference to abandoned vehicles.
portion of a rental dwelling or rental property that has been damaged, mutilated or defaced by the '\=:,- -1 Comment [016]: Typo, should be It
placing of any marking, carving or graffiti on any structure. '\'{ Formatted: Not Highlight
'oj Formatted: Not Highlight
Subd. I~4. 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. IQ:). 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. 116. Basement hatchways. Every basement hatchway shall be maintained to
prevent the entrance of rodents, rain and surface drainage water.
Section 55.1 I: MAXIMUM DENSITY. MINIMUM SPACE. USE AND LOCATION
REOUIREMENTS. No person shall occupy nor permit or let to be occupied any dwelling or
dwelling unit for the purpose of living therein, which does not comply with the following
requirements:
Subd. 1: Permissible Occupancv 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.
55-25
CHAPTER V - BUILDING, LAND USE & REGULATIONS
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 Ceiling Height. In order to qualify as habitable, rooms shall have
clear ceiling height of not less than 16 feet 6 inches, ~_~~_~p.~th~~_!!l..'!!!i_~~_~n<?p'_~~IL~!<?~j~~_ll_~~~m_--/
for sleeping, study, or similar activities, the ceiling height shall be not less than 16 feet 6 inches
over at least one-half 1-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 may be included.
Comment [017]: Inconsistency as staled in an
earlier section.
Subd.3: Access through Sleeping Rooms and Bathrooms. No dwelling unit built after
1940 and containing two or more sleeping rooms shall have a room arrangement such that access
to a bathroom or water closet compartment intended for use by occupants of more than one
sleeping room can be gained only by going through another sleeping room. A bathroom or water
closet compartment shall not be used as the only passageways to any habitable room, hall,
basement or cellar or the exterior of any dwelling unit.
Section 55.10: FIRE PROTECTIOn .\11 rental dwelling units shall be equipped with at
least one fire eJ(tinguisher and ene carbon monoxide detector placed at locations within the
dwelling as appro'/ed by the cempliance officer. Each rental dwelling unit shall also have an
opemting smoke detecter en each level oftfie unit. .^.Il buildings shall be subject to thc Uniform
Fire Code.
.~~5':!!~_~ _ ?_~: n _ }>t\~ING~ _ I~_~ _p_~~~i}~g _~t~!l.~_~~~~ _~h_~!! _b~ _~~_ ~~~!~~ J_~ _ ~_~~_t}_O!l. _~~'_! Q _<?K _ _ _ _ _..... - { Formatted: Not Highlight
this code. 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. Enforcement. Property owners are specifically 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.
c. Time for compliance. Any licensed rental property in existence at the time of
adoption of this tlftiele-Ordinance which cannot readily provide parking spaces as
55-26
CHAPTER V - BUILDING, LAND USE & REGULATIONS
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 aFticleOrdinance. All properties which are subject to this section shall
immediately comply with the other requirements of this section.
Section 55.11. 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
licensed premises which is hereby deemed disorderly and which is in violation of
any of the following statutes or ordinances:
c::Jst. Joseph Code, Chapter 50, Article V, Sec. ~ which prohibits disorderly
conduct.
1:::Jst. Joseph Code, Chapter 50, Article V, Sec. , which prohibits noisy
parties or assemblies.
~innesota Statutes ~~ 609.75 through 609.76, which prohibit gambling.
L-..JMinnesota Statutes ~~ 609.321 through 609.324, which prohibit prostitution and
acts relating thereto.
CJMinnesota Statutes ~~ 152.01 through 152.025, and 152.027, subd. 1 and 2,
which prohibit the unlawful sale or possession of controlled substances.
~innesota Statutes ~ 340AAOl, which prohibits the unlawful sale of alcoholic
beverages.
r:=:JMinnesota Statutes ~~ 97B.021, 97B.045, 609.66 through 609.67 and 624.712
through 624.716, which prohibit the unlawful possession, transportation, sale or
use of a weapon.
~innesota Statutes ~ 609.72, which prohibits disorderly conduct, when the
violation disturbs the peace and quiet of the occupants of at least one unit on the
licensed premises or other premises, other than the unit occupied by the person(s)
committing the violation.
[::]Minnesota Statutes ~~ 609.185,609.19,609.195,609.20, and 609.205, which
prohibit murder and manslaughter.
Minnesota Statutes ~~ 609.221,609.222,609.223, and 609.2231, which prohibit
ttSSftI:Ilt.:
Minnesota Statutes ~~ 609.312,609.343,609.311,609.345, and 609.3151, which
prohibit criminal seXl:l!il eanduct.
Minnesota Statutes ~ 609.52, whieh prohibits theft.
Minnesota Statutes ~~ 609.561,609.562,609.563,609.5631, and 6095632, which
pmhibit arson.
Minnesota Statutes ~ 609.582, which prohibits burglary.
Minnesota Statutes ~ 609.595, whieh prohibits damage to property. lmmm____uuu_------
10.
11.
12.
13.
14.
15.
55-27
+------i Formatted: Bullets and Numbering
Comment [018]: The Planning Commission
quested the need to list all the items such as murder.
arson, left etc. They also see a difference between
City Ordinances such as noise and parking and feel
they should be handled differently. This may be an
item for further discussion.
CHAPTER V - BUILDING, LAND USE & REGULA nONS
Kb) Enforcement of disorderly use violations. A violation of any of the foregoing
ordinances or statutes is established by a finding of guilt by a court of competent
jurisdiction, even if there is a stay of adjudication or other post-conviction orders
or proceedings. The building official shall notify the property owner when any
such charges are brought against a tenant or guest unless prohibited from doing so
bylaw.
(1) First ','iolation. Upon determination by the building official or a law enfOrcement
officer that a disorder\)' use violation as enHmerated above oeeHrred OR a rental
prot'lerty, the building offieial shall notify the o.....ner of the rental prot'lerty of the
violatioA €lAd direet the ov.'fler to take approfJriate aetiofl to fJreveflt further
violatiofls, '\ll notiees required b>' this section shall be in writing, deli...ered
personall>' to the o.,...ner or sent b>' first elass mail to the OYiHer'S last 1m own
aeeress.
(2) SeCORd violatioR. If a second disorderly use violatioR occurs OR the rental
property by the owner or the same occupant, or by a family member, roommate,
or guest of the owner or oceupaRt, within 3 months of an incidcnt for 'shich notice
was given Hnder subsection (1), the building official shall Rotif>' the O',yner of the
rental property b>' eertified mail of the ,..iolation and shall require the owner of the
rental property to sHbmit a written report of the actions taken, and pr-oposed to be
taken, to prevent further disorderly use of the premises. This written report shall
be sl:lbmitted to the building official v..ithin 14 days of the date of mailing of the
certified letter.
(3) Third violation. If a third disorderly use violation occurs on the rental property by
thc ovmcr or the same occl:lpant, or b)' a family member, roommate, or guest of
the ovmer or occupant, .....ithin 3 months after the seeond previous instance of
disorderly use, '",hen notices ',','ere sent to the owner of the rcntal property
pursuant to this section rcgarding the first and seeond instances, the rentallieense
for the subject dwelling, dwelling unit or rooming l:1f1it shall be suspeRded by the
city cmmeil for an initial period HI" to 90 days,
(4) SHbsequent, violation. If another disorderly Hse ...iolation occurs on the rental
t'lroperty by the owner or the same occHpant, or a famil>' member, roommate, or
guest of the owner or occupant, '..vi thin 12 months after the end of a suspension
t'leriod, the cit>' council may suspend the rental license for up to an additional
year, In lieu of suspension, the city council ma>' impose a fine equivalent to the
rent for the cumulath'e suspension periods under (3) and (4) of this seetion.
(5) Eviction or vacation. It shall not be considered an instance of disorderly use ifthe
tenant is evicted or voluntarily vacates the licensed premises prior to the hearing
before the city council and within 2 full calendar months after the determination
by the bl:lilding official or law enfurcement officer that disorderly use has
occurred and notice of the determination has been sent to the licensee,
55-28
CHAPTER V - BUILDING, LAND USE & REGULATIONS
rCOMMENT TO COMMENT: WE DELETED ALL REFERENCE TO HOW VARIOUS .-------i Formatted: Indent: First line: 0'
VIOLATIONS WILL BE HANDLED. WE WILL CONTINUE TO USE THE CURRENT
POLICY. WHICH IS NOT CODIFIED IN THE ORDINANCE. THIS GIVES A LITTLE
MORE FLEXIBILITY TO TAILER THE PUNISHMENT FOR THE OFFENSE BASED ON
THE SEVERITY OF THE OFFENSE. HOWEVER. THE CITY WILL CONTINUE TO
FOLLOW ITS CURRENT MATRIX FORM.l
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: Reoccupation. It shall be unlawful for such dwelling, dwelling unit, or rooming
unit to be used for human habitation until the defective conditions have been corrected and
written approval has been issued by the Compliance Official. It shall be unlawful for any person
to deface or remove the declaration placard from any such dwelling, dwelling unit or rooming
unit.
Subd. 3: Secure Units and Vacated Dwellings. The owner of any dwelling, dwelling
unit, or rooming unit which has been declared unfit for human habitation, or which is otherwise
vacant for a period of 60 days or more, shall make same safe and secure so that it is not
hazardous to the health, safety and welfare ofthe 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:
55-29
CHAPTER V - BUILDING, LAND USE & REGULATIONS
a) Be in writing.
b) Describe the location and nature ofthe violations ofthis Ordinance.
c) Establish a reasonable time for the correction of such violation and notify of
appeal recourse.
d) Be served upon the owner or his agent or the occupant, as the case may require.
Such notice shall be deemed to be properly served upon such owner or agent, or
upon any such occupant, if a copy thereof is
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: Right of Appeal. When it is alleged by any person to whom a compliance order
is directed that such compliance order is based upon erroneous interpretation of this Ordinance,
such person may appeal the compliance order to the Planning Commission sitting as a Board of
Appeals. Such appeals must be in writing, must specify the grounds for the appeal, must be
accompanied by a filing fee in an amount as may be established by resolution of the City
Council, paid in cash or cashier's check and must be filed with the City Administrator/Clerk
within five (5) business days after service of the compliance order. The filing of an appeal shall
stay all proceedings in furtherance of the action appealed from, unless such a stay would cause
imminent peril to life, health or 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
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
55-30
CHAPTER V - BUILDING, LAND USE & REGULA nONS
within the time set therein shall be guilty of a misdemeanor. Each day of such failure to comply
shall constitute a separate punishable offense.
Subd. 6: Reinspection. The Compliance Officer shall reinspect the property to determine
if the owner has complied with the compliance order. If compliance has not been completed
upon reinspection, the owner shall be assessed ~ ~~j~~p.~~_tJ.<?~J~~J:~U~~tt:~j~sp_~~~j~I1_~n!L_-----
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 ofthe City Council.
Subd.7: Execution of Compliance Orders by Public Authority. Upon failure to comply
with a compliance order within the time set therein and no appeal having been taken, or upon
failure to comply with a modified compliance order within the time set therein, the criminal
penalty established hereunder notwithstanding, the City Council may be resolution cause the
citied deficiency to be remedied as set forth in the compliance order. The cost of such remedy
shall be a lien against the subject real estate and may be provided by Minnesota Statutes, Chapter
429, but the(assessment shall be payable in a single installment.
Section 55.16: ALTERNATIVE SANCTIONS. Notwithstanding the availability of the
foregoing compliance procedures and the penalties, whenever the Compliance Official
determines that any dwelling, dwelling unit, or rooming unit or the premises surrounding any of
these fails to meet the requirements set forth in this Ordinance, the Compliance Official may
issue a violation tag summoning the responsible person into court or request the issuance of a
criminal complaint and arrest warrant.
Section 55.16: PENALTIES. Any person violating any of the provisions of this
Ordinance by doing any act or omitting to do any act which constitutes a breach of any section of
this Ordinance shall upon conviction thereof by lawful authority, be guilty of a misdemeanor,
punishable as herein defined. Each day that a violation continues shall be deemed a separate
punishable offense. No provision of this ordinance designating the duties of any official or
employee of the City shall be so construed as to make such official or employee liable for the
penalty provided in this section because of failure to perform such duty, unless the intention of
the City Council to impose such penalty on such official or employee is specifically and clearly
expressed in the section creating the duty.
Section 55.17: SEPARABILITY. Every section, provision, or part of this Ordinance is
declared separable from every other section, provision, or part to the extent that if any section,
provision or part ofthe Ordinance shall be held invalid or unconstitutional, it shall not invalidate
any other section, provision or part thereof.
55-31
Comment [020]: Remove the fee amount and
replace with a statement something similar to a fee
as established by resolution of the City Council.