HomeMy WebLinkAbout[05] Ordinance 55~`
Cl'Tl OF KT. Jp61sPH
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
Planning Commission Agenda Item rJ
April 7, 2008
Public Hearing, Ordinance 55 Amendment
Housing Occupancy
Administration
STAFF RECOMMENDATION: Recommend the City Council accept the
recommendation and approve the amendment to Ordinance 55.
PREVIOUS PLANNING COMMISSION ACTION: The Planning Commission has been reviewing
Ordinance 55 over the past three months. The draft included in this packet is the final draft with all the
comments. We can make any changes before forwarding to the City Council.
BACKGROUND INFORMATION: One of the outstanding items left is how the built in deficiencies will be
defined. We have been discussing this time and hope to bring additional information to the Planning
Commission on Monday evening. We hope to finalize this document before the rental housing season
begins. When the inspections are completed this year, a separate sheet will be provided to each
landlord indicating which items fall under the new Ordinance whereby you have two years to come into
compliance.
ATTACHMENTS:
Hearing Notice, Draft Ordinance
REQUESTED PLANNING COMMISSION ACTION: Recommend the Council adopt the revised Ordinance
55 as forwarded by the Planning Commission.
CITY OF ST. OS~PH
1
www.cityof stjoseph.com
Public Hearing
City of St. Joseph
The Planning Commission for the City of St. Joseph will be conducting a public hearing on
~ucly Weyrens Monday, April 7, 2008 at 7:00 PM. The purpose of the hearing is to consider amendments
Administrator to the following Ordinances:
55 Housing Occupancy. This amendment includes livability standards
Mayor 52.08 Non Conforming Uses. This amendment reflects recent changes in
AI Rassier MN Statute regarding the ability to reconstruct in the event of
damage greater than 50% to the structure.
Councilors The full texts of the amendments are available at the City Offices or on the City website:
Steve Frank www.cityofstjoseph.com. All persons wishing to be heard will be heard and oral testimony
Rick Schultz is limited to five minutes: Written testimony should be mailed to the City of St. Joseph; PO
Renee Symanietz Box 668; St. Joseph MN 56374.
Dale ~Uick
Judy Weyrens
Administrator
Publish: March 21, 2008
is College Avenue North PO Box 668 Saint ~oseph, 1Vlinnesota 56374
Phone 3zo.363.7zoi Fax 3zo.363.o34z
CHAPTER V -BUILDING, LAND USE & REGULATIONS
ORDINANCE 55 HOUSING, MAINTENANCE AND OCCUPANCY ORDINANCE
Section 55.01: PURPOSE AND SCOPE.
Subd. 1: The purpose of this ordinance is to protect the public health, safety, and the
general welfare of the people of the City. These general objectives include, among others, the
following:
a) To protect the character and stability of residential areas within the City;
b) To correct and prevent housing conditions that adversely affect or are likely to
adversely affect the life, safety, general welfare and health, including the physical,
mental and social well being of persons occupying dwellings within St. Joseph;
c) To provide minimum standards for cooking, heating, and sanitary equipment
necessary to the health and safety of occupants of buildings;
d) To provide minimum standards for light and ventilation, necessary to health and
safety;
e) To prevent the overcrowding of dwellings by providing minimum space standards
per occupant for each dwelling unit;
f) To provide minimum standards for the maintenance of existing residential
buildings;
g) To preserve the value of land and buildings throughout the City.
h) To assure that rental housing in the City is decent, safe and sanitary, and is so
operated and maintained as not to become a nuisance to the neighborhood or to
become an influence that fosters blight and deterioration or creates a disincentive
to reinvest in the community.
i) To insure owners and/or operators of rental units are responsible to take such
reasonable steps as are necessary to assure that the citizens of the City who
occupy or live by such rental units may pursue the quiet enjoyment of the normal
activities of life in surroundings that are: safe, quiet, secure and sanitary; free
from crimes and criminal activity; and free from nuisances and annoyances.
Subd. 2. With respect to rental disputes, and except as otherwise specifically provided by
the terms of this ordinance, it is not the intention of the City Council to intrude upon the fair and
55-0
CHAPTER V -BUILDING, LAND USE & REGULATIONS
accepted contractual relationship between tenant and landlord. The City Council does not intend
to intervene as an advocate of either party, nor to act as an arbiter, nor to be receptive to
complaints from tenant or landlord which is not specifically and clearly relevant to the provisions
of this ordinance. In the absence of such relevancy with regard to rental disputes, it is intended
that the contracting parties exercise such legal sanctions as are available to them without the
intervention of City government. In enacting this ordinance neither is it the intention of the City
Council to interfere or permit interference with legal rights to personal privacy.
Subd. 3. Except as otherwise specifically provided, all licensed rental properties in
existence on the effective date of this Ordinance shall be subject to the following limitations:
a. Rental properties shall be inspected in 2008. Any such property which
has 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 anal
•~a°'' *'~°* ° °" °each such property shall be brought
into full compliance -~rtl~ ,''.° ° ~~'°..~'~ °:*°'~,:°"°,"'. ,":° n..~':~°~,.° by no
later than August
14, 2009-3-A. Failure to do so shall result in expiration of the ~ Formatted: Indent: Lent: r'
license for the property at midnight on August 14,
2009-8.
b. Built-in deficiencies. Certain specific deficiencies (referred to as "built-in
deficiencies") in properties licensed prior to the effective date of this Ordinance
may be deemed to be beyond reasonable correction by the building official
and may therefore be waived from meeting certain requirements of this
Ordinance. Built-in deficiencies which will be waived will be those that the
building official finds to have been in conformance with all applicable codes
at the time the work was done and that are not causing adverse effects on the
health or safety of the occupants of the rental dwelling unit.
c. Immediate action. Nothing in this section shall prevent the building official from
taking any immediate enforcement or corrective action allowed by this Ordinance
in the event a condition exists which causes a risk of serious harm to the public
health or safety.
d. Inconsistency with other regulations. If any standard of this Ordinance is
inconsistent with any other applicable local, state or federal law, rule or
regulation, the most stringent requirement shall apply.
Section 55.02: APPLICABILITY OF ORDINANCE. Every building and its premises
used in whole or in part as a home or residence, or as an accessory structure thereof, for a single
family or person, and every building used in whole or in part as a home or residence of two or
more persons or families living in separate units shall conform to the requirements of this
ordinance, irrespective of when such building may have been constructed, altered, or repaired.
55-1
CHAPTER V -BUILDING, LAND USE & REGULATIONS
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. Benedicts shall not come
under the provisions of this ordinance. Apartments located on the campus proper of the College
of St. Benedicts and which are used exclusively as student housing shall not come under the
provisions. of this ordinance. The City Council finds that the general objectives enumerated under
Section 55.1 are being met by the College of St. Benedicts for the following reasons:
Subd. 1: The College of St. Benedict represents that the student residences at the College
of St. Benedict are presently inspected by different groups as well as the college's staff
frequently each year. The following is a listing of periodic inspections that would include college
housing as well as other buildings on the campus:
a) State Fire Marshal
b) Insurance Company Inspector (at least once a year)
c) The Director of Security (at minimum of once a month)
d) Security Staff of College and Monastery
e) Maintenance Staff of College and Monastery
f) Residence Assistants (live with students)
g) Faculty Residence (live with students)
h) Residence Directors (live with students)
Subd. 2: The College of St. Benedict represents that the following other precautions are
taken to protect the students in addition to the numerous inspections listed above:
a) Fire Drills in all College Buildings
b) Exit signs on an alternate electrical system
c) Buildings constructed under the latest fire codes
d) Smoke detectors installed and inspected
e) Fire extinguishers installed in convenient locations and inspected monthly
f) Instructional classes on the use of fire extinguishers
g) Classes in fire prevention
55-2
CHAPTER V -BUILDING, LAND USE & REGULATIONS
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: Bedroom. A room originally constructed or remodeled (not bedrooms
converted from other uses such as living rooms, dinine rooms, hallways. porches or closetsl and.
intended for the purpose of sleeping. containing a built in closet, egress window or door with 5.7
sic . ft. of net openable area and 70 sq. tt. ui addition to the built in closet.
Subd. 43: Building. Any structure erected for the support, shelter, or enclosure of
persons, animals, chattels, or movable property of any kind.
Subd. 54: Building_code. The Minnesota State Building Code and optional codes
adopted by the city in Ordinance 51, as amended from time to time.
Subd. 63: Building official. The officer or other designated authority charged with the
administration and enforcement of the Building Code, or the officer's duly authorized
representative.
Subd. 76: Compliance Official. The Building Inspector and his designated agents
authorized to administer and enforce this ordinance.
Subd. 8~: Dwellin¢. 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. 98: Dwellin 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. 10~: Efficienc,~vin 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. 118: Egress. An arrangement of exit facilities to assure a safe means of exit
from a building.
55-3
CHAPTER V -BUILDING, LAND USE & REGULATIONS
Subd. 12~: Electrical code. The national electrical code, which is part of the building
code adopted by the city.
Subd. 13?: Extermination. The control and elimination of insects, rodents, or other
pests by eliminating their harborage places; by removing or making inaccessible materials that
may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized
and legal pest elimination method approved by the building official; and by the removal of all
signs of extermination thereafter.
Subd. 143: Family. Shall have the same meaning as adopted in Ordinance 52, Subd. 31
of this Code of Ordinances.
Subd. 154: Fire code. The part of the building code adopted by the city.
Subd. 163. 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. 17H. Flush Water Closet. A toilet, with a bowl and trap made in one piece, which
is connected to the City water and sewer system or other approved water supply and sewer
system.
Subd. 18~: Garbage. Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking, and consumption of food.
Subd. 198: 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. 201: Habitable Room. A room or enclosed floor space used or intended to be
used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet
compartments, laundries, furnace rooms, unfinished basements, (those without required
ventilation, required electric outlets and required exit facilities), pantries, utility rooms of less
than 50 square feet of floor space, foyers, porches. communicating corridors, stairways, closets,
storage spaces, and workshops, hobby and recreation areas in parts of the structure below ground
level or in attics.
Subd. 218: Heated Water. Water heated to a temperature of not less than 120 degrees
Fahrenheit, or such lesser temperature required by government authority, measured at faucet
outlet.
Subd. 22~: Infestation. The presence of insects, rodents, or other pests within or
around the dwelling on a premises:
Subd. 23?: Kitchen. A space which contains a sink with counter working space,
adequate space for installing cooking and refrigeration equipment and adequate space for the
storage of cooking utensils.
55-4
CHAPTER V -BUILDING, LAND USE & REGULATIONS
Subd. 243: 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. 2~4: Manaser. The person who has charge, care or control of a building or part
thereof in which dwelling unit(s) or rooming unit(s) are let.
Subd. 263: Mechanical code. Part of the building code adopted by the city.
Subd. 276: Multiple family dwelling. A dwelling or portion thereof containing three or
more dwelling units.
Subd. 28~: Nuisance. Nuisance is:
1. Any nuisance as defined by this Ordinance or other provision of this code.
2. Any nuisance as defined by state or federal law or regulation.
3. Any public nuisance known at common law or in equity jurisprudence.
4. Any attractive nuisance that may prove detrimental to children whether in a
building, on the premises of a building or on an unoccupied lot, including
but not limited to any abandoned well, sha8, basement or excavation;
abandoned refrigerators and motor vehicles; any structurally unsound fences or
structures; and any lumber, trash, debris or vegetation that may prove a hazard to
children.
5. Whatever is dangerous to human life or is detrimental to health as determined by
the building official.
6. Overcrowding a room with occupants.
7. Insufficient ventilation or illumination.
8. Inadequate or unsanitary sewage or plumbing facilities.
Subd. 298: Occupant. Any person (including owner or operator) living, sleeping,
cooking and eating in dwelling unit or living and sleeping in a rooming unit.
Subd. 3029: 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. 31A: Owner. Any person, firm or corporation who, alone, jointly, or severally
with others, shall be in actual possession of, or have charge, care or control of, any dwelling,
dwelling unit, or rooming unit within the City as owner, employee, or agent of the owner, or as
trustee or guardian of the estate or person of the title holder. Any such person representing the
actual owner shall be bound to comply with the provisions of this ordinance to the same extent as
the owner.
Subd. 32-t: Permissible occupancv. The maximum number of persons permitted to
reside in a dwelling unit or rooming unit.
55-5
CHAPTER V -BUILDING, LAND USE & REGULATIONS
Subd. 333: Person. An individual, firm, partnership, association, corporation or joint
venture or organization of any kind.
Subd. 3~}3: Plumbine. 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. 3~4. Plumbing Code. Part of the building code adopted by the City.
Subd. 36~: Premises. A platted lot or part thereof or unplatted parcel of land, either
occupied or unoccupied by any dwelling or nondwelling structure, including such building,
accessory structure or other structure thereon.
Subd. 37H: Public Hall. A hall, corridor or passageway for providing egress from a
dwelling unit to a public way and not within the exclusive control of one family.
Subd. 38~: Refuse. All putrescible and nonputrescible waste solids including garbage
and rubbish.
Subd. 39S 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. 4039. Rent. A stated return or payment for the temporary possession of a dwelling,
dwelling unit or rooming unit. The return or payment may be money, service, property or other
valuable consideration.
Subd. 419. 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 may or may not be the manager of the rental property. A rental agent shall not be a tenant
of the rental property, unless that person is a manager of an apartment building. Notices or orders
served on a rental agent shall be deemed to have been served on the owner of the property.
Subd. 424. Rental Dwelling or Dwelling Unit. Any dwelling, dwelling unit, rooming
unit, or multiples thereof on one property and the related premises which are subject to this
Ordinance.
Subd. 43~: Repair. To restore to a sound and acceptable state of operation, serviceability
or appearance.
Subd. 443: Rodent Harborage. Any places where rodents can live, nest, or seek shelter.
55-6
CHAPTER V -BUILDING, LAND USE & REGULATIONS
Subd. 4~4: Rooming Unit. Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping, but not for cooking and eating purposes.
Subd. 46~: Rubbish. Nonputrescible solid wastes consisting of both combustible and
noncombustible wastes, such as paper, cardboard, tin cans, grass and shrubbery clippings, wood,
glass, brick, plaster, bedding, crockery and similar materials.
Subd. 47g: Safety. The condition of being reasonably free from danger and hazards
which may cause accidents or disease.
Subd. 48~: Substandard dwelling. Any dwelling which does not conform to the
minimum standards established by City Ordinances.
Subd. 498: Supplied. Paid for, furnished by, provided by or under the control of the
owner, operator, or agent of a dwelling.
Subd. 5t>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. All rental properties located in an R-1 or R-2
Zoning Ddistrict ne.wh~ licensed or not covered by a valid l.Lt.P. shall be owner~# occupied as
required by items '`a" and "b" below-.
a. R-1 Property. Any property which is rented in an R-1 area must be owner
occupied and the owners may not exceed two in number. For the purposes
of establishing if the property is owner occupied, the owner must be a
natural person, and all owners must occupy the property as their principal
residence. For purposes of determining ownership, the owner/owners must
provide a copy of a recorded deed or recorded contract for deed. A
purchase agreement will not be accepted as evidence of ownership. In
such 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:
1) the property must satisfy the parking requirements contained in the
St. Joseph Ordinance;
2) the rental units must:
a) have a ceiling height of at least seven (7) feet as defined in
Section 55.11, Subd. 2;
b) contain adequate ventilation and fire escapes as determined
the building official; and
55-7
CHAPTER V -BUILDING, LAND USE & REGULATIONS
c) meet all applicable rental codes as outlined in Ordinance
55.
b. R-2 Property. In the R-2 zone, single-family dwellings may only be
owner-occupied as set forth above in Section 55.04, Subd. 1(a). Two-
family dwelling units must be owner-occupied in at least one of the
dwelling units. The owners residing on the property must own 100% of
the property and the number of owners may not exceed two in number.
c. R-3 Property. The R-3 district is intended to provide a district which will
allow a higher density of residential development where City sewer
services are available, subject to the terms of the various applicable St.
Joseph Zoning Ordinances.
d. R-4 Property: In the R-4 district, `rental of properties is not allowed,
except for housing exclusively dedicated to housing the elderly or persons
age 55 or older.
Subd. 2. Application. The owner of any structure in which one or more dwelling units or
rooming units are intended to be let shall make application for a rental housing license prior to
letting the unit, unless such unit is currently licensed or is exempt from the provisions of this
Ordinance. The owner shall not allow occupancy of such unit until the required license fee has
been paid and a rental housing license has been issued pursuant to this division.
Subd. 3: Registration. No person shall operate rental property in the City of St. Joseph
without first having properly made and filed a registration statement with the Compliance
Official. Any person filing such a registration statement thereby consents to be bound by all of
the provisions of this ordinance and the other ordinances of the City of St. Joseph, as they may
relate to rental property. In the case of any rental property occupied on or before February 1,
1981, the registration statement shall be filed before February 1, 1981. In the case of rental
property completed and ready for occupancy after February 1, 1981, a registration statement
shall be filed and a rental license secured prior to the occupancy of the dwelling. The
registration statement shall be made and filed on forms furnished by the Compliance Official for
such purposes and shall set forth the following information:
a) Name, address and residence phone number of the owner, and if a corporation, the
name of officers and registered office thereof. All owners must be listed.
b) Name and address of the rental property and the number of units to which the
registration applies.
c) The name and address of the owner's agent for the receipt of notices of violations
of the provisions of this ordinance and other applicable ordinances of the City of
St. Joseph. The owner may designate any person residing within a 30 mile radius
of the city limits of the City of St. Joseph as their agent for this purpose.
55-8
CHAPTER V -BUILDING, LAND USE & REGULATIONS
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.
Subd. 4: Execution of Registration Statement. The registration shall be made by the
owner if such owner is a natural person; if the owner is a corporation, by an officer thereof; if the
owner is a partnership, by one of the partners; and if the owner is an unincorporated association,
by the manager or managing officer thereof. Renewal of registrations as required annually by
this Ordinance may be made by filling out the required renewal form provided by the
Compliance Official to the owner of rental property and mailing said form together with the
required registration fee to the Compliance Official
Subd. 5. Execution of Rental Housin¢ Disclosure Forms. Within Ten (10) days of any
rental unit being occupied by a tenant, the Owner shall file with the Clerk Administrator of the
City of St. Joseph, the executed Rental Housing Disclosure Form and the Tenants' Rights and
Responsibilities Disclosure Form. The City Administrator shall make available to the public at
the city offices the Rental Housing Disclosure Form and the Tenants' Rights and Responsibilities
Disclosure Form, copies of which are attached hereto as "Exhibit A:'
Subd. 6: Annual Registrations. Commencing with the year 1982, the registration of all
rental dwellings registered for the previous year shall be renewed not later than the first day of
August of each year.
Subd. 7: Transfers. Every new owner of a rental property, (whether as fee owner,
contract purchaser, lessee of the entire dwelling, or otherwise) shall register before taking
possession.
Subd. 8: Registration License Fee. A registration fee, as may be established by
resolution of the City Council, shall be due on the first day of August of each year.
A delinquency penalty of 4% of the license fee for each day of operation without a valid
license shall be charged to operators of rental dwellings. Once issued a license is nontransferable
and the licensee shall not be entitled to a refund on any license fee upon revocation or
suspension;
. . In the case of new unlicensed dwellings,
license fees shall be due upon the issuance of the certificate of occupancy-; ~~~„
Subd. 9. Inspections Required.
(a) The building official shall inspect property for compliance with this Ordinance
upon application for a rental housing license and every~~~ thereafter,
except as otherwise expressly provided. No license shall be issued except upon a
satisfactory annual inspection.
55-9
CHAPTER V -BUILDING, LAND USE & REGULATIONS
(b) The building official may also inspect rental property upon receiving a complaint
from a complainant who leaves his/her name and address. Anonymous complaints
shall not be investigated.
(c) Any owner or occupant of rental property may request an advisory inspection of
the property at any reasonable time.
(d) Upon inspection and the finding of a violation, the building official shall notify the
owner and the occupant in writing of the violation and the requirement to correct
the violation.
(e) If the building official finds a violation of the standards imposed by this Ordinance
at any time after issuance of a rental license, the building official shall re-inspect
that property until the property has been free of all violations. The property owner
shall pay inspection fees. in amounts determined by resolution of the city council
from time to time, for any extra inspections resulting from violation of this
Ordinance.
(f) Any owner, occupant, or other person in charge of a dwelling or dwelling unit
may refuse to permit free access and entry to the structure or premises under his
control for inspection pursuant to this Ordinance, whereupon the Compliance
Official may seek a court order authorizing such inspection. Failure to provide
access and entry after reasonable requests and notice may be grounds for
revocation, suspension or non-renewal of the rental license.
Subd. 10: Posting of License and Notice. Every licensee of a multiple dwelling shall
cause to be conspicuously posted in the main entry way or other conspicuous location therein the
current license for the respective multiple dwelling. Every licensee shall cause to be
conspicuously posted in every rental unit, a notice containing information as prescribed by the
City Council. The notice shall be provided to the owner at the time of issuance of the licensee.
Subd. 11: License Not Transferable. No operating license shall be transferable to
another person or to another rental dwelling. Every person holding an operating license shall
give notice in writing to the Compliance Official within 72 hours after having legally transferred
or otherwise disposed of the legal control of any licensed rental dwelling. Such notice shall
include the name and address of the person succeeding to the ownership or control of such rental
dwelling or dwellings.
Subd. 12: Occupancy Register 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;
55-10
CHAPTER V -BUILDING, LAND USE & REGULATIONS
c. Name of adult occupants and number of adults and children (under 18 years of
age) currently occupying the dwelling unit;
d. Dates renters occupied and vacated dwelling unit;
e. Chronological list of complaints and requests for repair by dwelling unit
occupants, which complaints and requests are related to the provisions of this
ordinance; and
f. A similar chronological list of all corrections made in response to such requests
and complaints.
Such register shall be made available for viewing or copying by the compliance officer or
a St. Joseph Police Officer at all reasonable times or in the event of an emergency.
Subd. 13. Renewal. Except as otherwise provided in this Ordinance, a rental license
shall expire one year after the date of issuance. A renewal license shall be applied for at
least 30 days prior to expiration of the existing license. Property shall not be occupied by a
tenant after expiration of a rental license or renewal license, provided that the building
official may issue a temporary renewal license not to exceed 2 months in duration if the
building official deems it appropriate to allow continued occupancy pending issuance of a
renewal license. A temporary renewal license shall expire on the stated date and the
property shall not continue to be occupied by a tenant unless a full renewal license has been
issued by that date.
Subd. 14: Suspension or Revocation. Every operating license issued under the
provisions of this Ordinance is subject to suspension or revocation by the City Council should
the licensed owner or his duly authorized resident agent fail to operate or maintain the licensed
rental dwellings and units therein in compliance with the provisions of this Ordinance, or any
other Ordinances of the City of St. Joseph and/or the laws of the State of Minnesota, or
conditions exist or activities occur at the rental dwelling in violation of ordinance or law. The
operating license may be subject to suspension or revocation for the first violation, without the
necessity of knowledge by the owner or warning that the property is operated or maintained in
violation of ordinance or law. In the event that an operating license is suspended or revoked by
the City Council, it shall be unlawful for the owner or the duly authorized agent to thereafter
permit any new occupancies of vacant or thereafter vacated rental units until such time as an
operating license may be restored by the City Council.
When a rental license is revoked or suspended, the property shall be vacated as of the
effective date of the revocation or suspension and remain vacated until restoration of the license.
In the case of a suspension, restoration shall occur automatically at the end of the suspension
period. In the case of revocation, restoration of the license shall occur only after the owner of the
premises has made application for a new license, and paid a new application fee. The new
license may then be issued upon completion of the revocation period.
55-11
CHAPTER V -BUILDING, LAND USE & REGULATIONS
Every notice to vacate shall, in addition to being served, be posted at or upon each
entrance to the building, and shall be in substantially the following form:
DO NOT 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 $1,000.00.
Upon the completion of one half of the period of revocation or suspension imposed by the City
Council, the licensed owner may petition the City Council for early restoration of the rental
license. Upon receipt of the petition, the licensed owner's request shall be heard by the City
Council at the next regular scheduled meeting, (but at least 7 days from receipt of the request).
At that time, the City Council may order a restoration of the rental license if the licensed owner
55-12
CHAPTER V -BUILDING, LAND USE & REGULATIONS
establishes by clear and convincing evidence that one of the following two circumstances then
exist:
1) The property has been sold since the occurrence of the original violation to a party
unrelated to the original owner. The sale must be for a fair consideration,
negotiated at arm's length, and by Deed duly filed for record at the office of the
County Recorder. A sham or "paper" transfer of title to the property to a related
party or another party acting in cooperation with the owner for the purpose of
circumventing the license revocation shall not constitute a transfer for purposes of
this Ordinance.
2) The licensed owner demonstrates to the City Council that he has properly
responded to the revocation or suspension, that measures have been taken to
successfully correct the violation which originally resulted in suspension or
revocation, and that additional steps have been taken to assure that similar
violations not occur in the future. Factors to be considered by the Council, may
include: improvements and repairs to the premises, modification of the relevant
lease provisions, selection of future tenants, response to citizen's complaints,
provision for future supervision of the premises by the licensed owner, the
licensed owner's compliance with the revocation/suspension, and such other
criteria as the Council considers relevant to each individual case.
Where the licensed owner is able to establish by clear and convincing evidence grounds
for restoration, the Council may stay the execution of the remainder of the suspension or
revocation period for a period of up to one year and place reasonable terms and conditions upon
the licensed owner as may be relevant to further insure compliance with the Ordinances of the
City of St. Joseph and laws of the State of Minnesota.
Subd. 16: Denial of Renewal.
a) Every operating license issued under the provisions of this Ordinance is subject to
non-renewal by the City Council should the licensed owner or his/her duly
authorized resident agent fail to operate or maintain the licensed rental dwelling
and units therein in compliance with the provisions of the Ordinances of the City
of St. Joseph and the laws of the State of Minnesota.
b) The owner of property for which the renewal of a licensee has been denied may
request a hearing before the City Council challenging the decision of non-
renewal. The right to demand a hearing must be exercised by the Owner within
seven (7) days of notice ofnon-renewal or the hearing is deemed waived.
c) In the event ofnon-renewal, the owner may not reapply for a rental license for a
period of eleven (11) months from the date 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 1 and
2.
55-13
CHAPTER V -BUILDING, LAND USE & REGULATIONS
Section 55.05: ENFORCEMENT AND INSPECTION AUTHORITY. The Building
Official and his designate agents shall be the Compliance Official who shall administer and
enforce the provisions of this Ordinance and who is hereby authorized to cause inspections on a
scheduled basis for rental units, or otherwise when reason exists to believe that a violation of this
Ordinance has been or is being committed. Inspections shall be conducted during reasonable
daylight hours and the Compliance Official shall present evidence of authorization to the
occupant in charge of a respective dwelling unit.
Subd. 1. Specificallyprohibited acts. Whoever does any of the following, in addition to
any other violation of this Ordinance without limitation, shall be guilty of a misdemeanor and
shall be subject to all available criminal and civil penalties and other remedies:
(a) No license. Allows occupancy of a dwelling, dwelling unit or rooming unit prior to
the issuance of a rental housing license and payment of the license fee or after
suspension; revocation or expiration of a rental housing license or renewal
license.
(b) Over occupancy. Occupies or allows occupancy of a rental property by more
persons than the property is approved for.
(c) Occupying vacated unit. Occupies or allows occupancy of a rental property that
was posted and ordered vacated.
(d) Occupying uncertified bedrooms. Occupies or allows occupancy of a room as a
bedroom that is not approved as a bedroom and/or does not qualify as a bedroom
under this Ordinance.
(e) Occupancy of unlicensed unit. Occupies a rental property for which no license has
been issued or for which a license has been suspended, revoked, or has expired
without being properly renewed. An occupant of a property which has lost its
rental license shall immediately vacate the property. An occupant's remedy for the
loss of his or her leasehold interest, if any, shall be by private claim or action
against the property owner.
Section 55.06: SPACE, OCCUPANCY AND USE STANDARDS
Subd. I. Occupancy. No rental unit shall be occupied by more than the number of
persons for which the unit is approved, based on International Residential Code (IRC) or
International Building Code (IBC) requirements, which number shall be designated in
conjunction with the issuance of the rental license. In addition to that limitation, rental properties
in an R-1 or R-2 district may not be occupied by more than 3 adult persons who are unrelated by
blood, marriage, or adoption. For the purposes of this section, a "family" shall be defined as
follows:
55-14
CHAPTER V -BUILDING, LAND USE & REGULATIONS
a) A family is any number of persons living together in a room or rooms comprised
of a single housekeeping unit and related by blood, marriage, adoption, or any unrelated person
who resides therein as though a member of the family. Any group of three persons not so related
but inhabiting a single house shall, for the purposes of this Ordinance, be considered to constitute
one family.
b) With respect to any property validly licensed as a rental unit pursuant to Section
55.11 of the St. Joseph Code of Ordinances, as of October 15, 1990, the definition of "family"
which existed prior to October 15, 1990, shall continue to apply. This prior definition had
defined "family" as up to five unrelated persons. The application of this prior definition to
existing rental units shall be construed as anon-conforming use as limited by Section 52.08 of
the St. Joseph Code of Ordinances and shall be transferable. A lapse or revocation of the rental
license for any such property shall be considered as a discontinuance of anon-conforming use
and the property will thereinafter be required to conform with the definition of "family" as set
forth in paragraph (a) above.
If a property owner proposes to let a rental unit in an R-1 or R-2 district to more than the
number of adult persons allowed pursuant to the foregoing paragraph, the burden shall be on the
proposed occupants to prove that they are related by blood, marriage or adoption. The occupants
shall provide such proof to the property owner as a condition of the rental and the property
owner shall provide such proof to the city upon request. The city shall determine the reliability of
such proof in its reasonable discretion and may require additional evidence to be submitted.
Subd. 2 No dwelling, dwelling unit or rooming unit shall be let for occupancy to another
which does not comply with the standards of this division. All rental properties shall comply
with the standards of this division and with the remairider of this Ordinance immediately upon
the effective date of this Ordinance, unless a different date or time is specified in this Ordinance.
(1) Every habitable room shall be provided with at least one switched light and 2
duplex outlets. Every water closet compartment, bathroom, laundry room and
furnace room shall contain at least one electric light fixture and one
convenience outlet. Outlets within 6 feet of a sink or bathtub shall be Ground
Fault Interrupted (GFI) outlets.
(2) Extension cords shall be used only with portable appliances and shall not be used
as a substitute for permanent wiring. Extension cords shall be plugged directly
into an approved outlet, power tap or multi-plug adapter and shall, except for
approved multi-plug extension cords, serve only one portable appliance. The amp
capacity of the extension cord shall not be less than the rated capacity of the
portable appliance supplied by the cord and shall be grounded when serving a
grounded appliance. Extension cords shall be maintained in good condition
without splices, deterioration or damage. Extension cords and flexible cords shall
not be attached to the structure, extend through walls, ceilings, or floors or under
doors or floor coverings, or be subject to environmental or physical damage.
55-IS
CHAPTER V -BUILDING, LAND USE & REGULATIONS
(3) A clear and unobstructed means of access with a minimum width of 30 inches,
a minimum height of 78 inches, and a distance of 30 inches in front shall be
maintained from the operating face of an electrical service panel, meter or
switchboard. Occupants shall at all times have free access to the service panel
for their dwelling unit. All exposed wiring must be secured by approved
methods. All electrical boxes must have cover plates and the cover plates must
not be cracked or broken. Outlets must meet the requirements of the National
Electrical Code.
Subd. 3. Exits; ,,..,,,~ ,...,, ,. ,...,,..,,:,~
(a) General. All units shall have access directly to the outside or to a common
hallway or public corridor with egress to the outside. All buildings or portions
thereof shall be provided with exits as required by the building code. An exit shall
not pass through a hazardous area such as a furnace room, boiler room, storage
room, garage or similar area.
(b) Obstruction of egress. Obstructions, including storage, shall not be placed in the
required width of a means of egress, except for projections allowed by the
building code. Means of egress shall not be obstructed in any manner and shall
remain free of any material or matter where its presence would obstruct or render
the means of egress hazardous.
(c) Escape windows. Sleeping rooms below the fourth story shall have at least one
operable window or exterior door approved for emergency escape or rescue.
Escape windows shall be operable from the inside to provide a full clear opening
without the use of separate tools or special knowledge and shall open directly
onto a public way or a yard or court located on the same lot as the building.
Subd. 4. Fireprotection.
(a) General. All buildings or portions thereof shall be provided with the degree of fire
resistive construction, fire warning devices and fire extinguishing devices as
provided by this Ordinance, the Minnesota Building and Fire Codes.
(b) Smoke detectors. Smoke detectors shall be installed as required by this
Ordinance. A minimum of one detector shall be located in the basement and each
story. A detector shall be located outside of bedrooms and in each bedroom. The
building official may require additional smoke detectors where additional
protection may be required.
The occupant of a rental unit shall notify the owner or manager of the unit within
24 hours of discovering that a detector is not functioning. The owner or manager
shall take immediate action to render the detector operational or replace it.
55-16
CHAPTER V -BUILDING, LAND USE & REGULATIONS
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 lOBC. The extinguisher shall be located within the
individual dwelling unit or in a common hallway or corridor within 30 feet of
each dwelling unit door.
Fire extinguishers shall be serviced at least annually. A tag with the name of the servicing
company and the service date shall be affixed to the extinguisher and shall remain affixed
until the next servicing.
(e) Carbon Monoxide Detectors. All rental units shall be equipped with at least one
carbon monoxide detector placed at locations within the dwelling as approved by
the compliance officer. All buildings shall be subject to the Uniform Fire Code.
Section 55.07 RESPONSIBILITIES OF OWNERS AND OCCUPANTS:
Subd. 1: Maintenance of Shared or Public Areas. Every owner of a dwelling containing
two or more dwelling units shall maintain in a clean and sanitary condition the shared or public
areas of the dwelling and premises thereof.
Subd. 2: Maintenance of OccuRied Areas. Every occupant of a dwelling, dwelling unit
or rooming unit shall maintain in a clean and sanitary condition that part or those parts of the
dwelling, dwelling unit and premises thereof, that the person occupies and controls in order to
prevent any health, safety or fire hazard.
Subd. 3: Storage and Disposal of Rubbish. Every occupant of a dwelling, dwelling unit
or rooming unit shall store and dispose of all his/her rubbish in a clean, sanitary, and safe manner
as prescribed by the Code of Ordinances of the City of St. Joseph and amendment thereto,
Subd. 4: Storage and Disposal of Garbage. Every occupant of a dwelling; dwelling unit
or rooming unit shall store and dispose of all his garbage and any other organic waste which
might provide food for insects and/or rodents in a clean, sanitary, and safe manner as prescribed
by the Code of Ordinances of the City of St. Joseph and amendments thereto.
Subd. 5: Responsibility for Storage and Di_posal 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
55-17
CHAPTER V -BUILDING, LAND USE & REGULATIONS
dwellings, it shall be to the other responsibility of the occupant to furnish such
facilities.
b) The provisions of Ordinances 107 and 108 of this Code relative to weed and brush
control, and garbage and rubbish disposal, shall apply to all residential rental
property and be enforceable against both the owner and occupant of the property.
Subd. 6: Responsibilityfor Storm and Screen Doors and Windows. The owner of a
rental dwelling unit shall be responsible for providing and hanging all screens and storm doors
and storm windows whenever the same are required under the provisions of this ordinance,
except where there is written agreement otherwise between the owner and occupant.
Subd. 7: Responsibility~for Pest Extermination. Every occupant of a dwelling containing
a single dwelling unit shall be responsible for the extermination of vermin infestations and/or
rodents on the premises. Every occupant of a dwelling unit in a dwelling containing more than
one dwelling unit shall be responsible for such extermination whenever his/her dwelling unit is
the only one infested. Notwithstanding, however, whenever infestation is caused by the failure of
the owner to maintain a dwelling in a reasonable rodent proof or reasonable vermin proof
condition, extermination shall be the responsibility of the owner. Whenever infestation exists in
two or more of the dwelling units in any dwelling, or in the shared or public parts of any
dwelling containing two or more dwelling units, extermination thereof shall be the responsibility
of the owner.
Subd. 8: Rodent Harborag_es Prohibited in Occupied Areas. No occupant of a dwelling
or dwelling unit shall accumulate boxes, lumber, scrap metal, or any other similar materials in
such a manner that may provide a rodent harborage in or about any dwelling or dwelling unit.
Stored materials shall be stacked neatly in piles..
Subd. 9: Rodent Harbora¢es Prohibited in Public Areas. No owner of a dwelling
containing two or more dwelling units shall accumulate or permit the accumulation of boxes,
lumber, scrap metal, or any other similar materials in such a manner that may provide a rodent
harborage in or about shared or public areas of a dwelling or its premises. Materials stored by the
owner or permitted to be stored by the owner shall be stacked neatly in piles.
Subd. 10: Prevention of Food for Rodents. No owner or occupant of a dwelling or
dwelling unit shall store, place or allow to accumulate any materials that may serve as food for
rodents in a site accessible to rodents.
Subd. 11: Sanitarv Maintenance of Fixtures and Facilities. Every occupant of a dwelling
unit shall keep all supplied fixtures and facilities therein in a clean and sanitary condition and
shall be responsible for the exercise of reasonable care in the proper use and operation thereof.
Subd. 12: Removal of Snow and Ice. The owner of a multiple family dwelling or
dwellings shall be responsible for the removal of snow and ice from parking lots, driveways,
steps and walkways on the premises. Individual snowfalls of three inches or more, or successive
snowfalls accumulating to a depth of three inches, shall be removed from parking lots and
55-18
CHAPTER V -BUILDING, LAND USE & REGULATIONS
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. 13: Minimum Exterior Li ting. The owner of a multiple family dwelling or
dwellings shall be responsible for providing and maintaining effective illumination in all exterior
parking lots and walkways.
Subd. 14: Maintenance of Drivine and Parkine Areas. The owner of a multiple dwelling
or other rental property shall be responsible for providing and maintaining in good condition
parking areas and driveways for tenants as mandated by the provisions of Section 52.10 of this
Code of Ordinances.
Subd. 15: Maintenance of Yards. The owner of a multiple family dwelling or dwellings
shall be responsible for providing and maintaining premises' yards consistent with Section
55.08.10.
Section 55.08: MINIMUM STANDARDS FOR BASIC EQUIPMENT AND
FACILITIES. No person shall occupy as owner, occupant, or let to another for occupancy any
dwelling or dwelling unit, for the purposes of living, sleeping, cooking, eating therein, which
does not comply with the following requirements:
Subd. 1: Kitchen Facilities. Every dwelling unit shall have a room or portion of a room
in which food may be prepared and/or cooked and which shall have adequate circulation and
which shall be equipped with the following:
a) A kitchen sink in good working condition and properly connected to an approved
water supply system and which provides at all times an adequate amount of
heated and unheated running water under pressure, and which is connected to an
approved sewer system.
b) Cabinets and/or shelves for the storage of eating, drinking, and cooking
equipment and utensils and of food that does not require refrigeration for
safekeeping; and a counter or table for food preparation. Said cabinets and/or
shelves and counter or table shall be adequate for the permissible occupancy of
the dwelling unit and shall be of sound construction furnished with surfaces that
are easily cleanable and that will not impart any toxic or deleterious effect to
food.
c) A stove or similar device for cooking food, and a refrigerator or similar device for
the safe storage of food, which are properly installed with all necessary
connections for safe, sanitary, and efficient operation. Provided that such stove,
refrigerator, or similar devices need not be installed when a dwelling unit is not
occupied and when the occupant is expected to provide same on occupancy, in
which case sufficient space and adequate connections for the installation and
operation of said stove, refrigerator or similar device must be provided.
55-19
CHAPTER V -BUILDING, LAND USE & REGULATIONS
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: Lavatorv Sink. Within every dwelling unit there shall be a lavatory sink which
is adequate for washing hands and face. Said lavatory sink may be in the same room as the flush
water closet, or if located in another room, the lavatory sink shall be located in close proximity to
the door leading directly into the room in which said water closet is located. The lavatory sink
shall be in good working condition and shall be properly connected to an approved water supply
system and shall provide at all times an adequate amount of heated and unheated running water
under pressure, and shall be connected to an approved sewer.
Subd. 4: Bathtub or Shower. Within every dwelling unit there shall be a nonhabitable
room which is equipped with a bathtub or shower in good working condition. In a rental
dwelling unit, such room shall have an entrance door which affords privacy. Said bathtub or
shower may be in the same room as the flush water closet, or in another room and shall be
properly connected to an approved water supply system and shall provide at all times an
adequate amount of heated and unheated water under pressure, and shall be connected to an
approved sewer system.
Subd. 5: ~'~~~•~^~ ^ °^"^''°^ ^^'' `~^'^^""`~Handrails Guards and Stainvays. Every
stairway, inside or outside of a dwelling and every porch,-cam balcony, or deck shall be kept in
safe condition and sound repair. Every flight of stairs and every porch,-a~1 balcony, and deck
floor shall be free. of deterioration. Every stairwell and every flight of stairs which is more than
four risers high shall have handrails approximately 34 to 38 inches high, measured vertically
from the nose of the stair tread to the top of the handrail. Fveryporch balconv. deck or raised
surface which is more than 30 inches'-' above the adiacent floor or ¢rade shall have a ward ~~hich
measures 36 inches minimum above the floor of the porch balconv deck or raised surface to the
t~ of the rail liltermediates of the guard shaft be vertical and~aced such that a 4 inches"
sphere cannot amass between_ _
Every handrail~uard and balustrade shall be firmly fastened and maintained in good condition.
No flight of stairs shall have settled out of its intended position or have pulled away-from the
supporting or adjacent structures enough to cause a hazard. No flight of stairs shall have rotting,
loose, or deteriorating supports. Excepting spiral and winding stairways, the treads and risers of
every flight of stairs shall be uniform in width and height. Stairways shall be capable of
supporting a live load of 100 pounds per square foot of horizontal projection. The conditions set
forth in this Subd. 5 are not considered built-in deficiencies.
Subd. 6: Door Locks. No owner shall occupy nor let to another for occupancy any
dwelling or dwelling unit unless all exterior doors of the dwelling or dwelling unit are equipped
55-20
CHAPTER V -BUILDING, LAND USE & REGULATIONS
with safe, functioning locking devices. Multiple family dwellings shall be furnished with door
locks as follows:
a) For the purposes of providing a reasonable amount of safety and general welfare
for persons occupying multiple family dwellings constructed after May 5, 1969,
an approved security system shall be maintained for each multiple family building
to control access. The security system shall consist of locked building entrance or
foyer doors, and locked doors leading from hallways into individual dwelling
units. Dead latch type door locks shall be provided with lever knobs (or
doorknobs) on the inside of building entrance doors and with key cylinders on the
outside of building entrance doors. Building entrance door latches shall be a type
that are permanently locked from the outside and permanently unlocked from the
inside.
b) Every door that is designed to provide ingress or egress for a dwelling unit within
a multiple family building shall be equipped with an approved lock that has a
deadlocking bolt that cannot be retracted by end pressure, provided, however, that
such door shall be openable from the inside without the use of a key or any
special knowledge or effort.
Section 55.08: MINIMUM STANDARDS FOR LIGHT AND VENTILATION. No
person shall occupy as owner, occupant or let to another for occupancy any dwelling or dwelling
unit, for the purpose of living therein, which does not comply with the following requirements:
Subd. 1: Habitable Room Ventilation. Except where there is supplied some other device
affording adequate ventilation and approved by the Compliance Official, every habitable room
shall have at least one window facing directly outdoors which can be opened easily. The
minimum total of openable window area in every habitable room shall be the greater of 4% of
the floor area of the room or four square feet.
Subd. 2: Nonhabitable Room Ventilation. Every bathroom and water closet compartment
and every laundry and utility room shall contain at least 50% of the ventilation requirement for
habitable rooms contained in Section 55.06.1, except that no windows shall be required if such
rooms are equipped with a ventilation system which is approved by the Compliance Official.
Subd. 3: Electrical Equipment. All electrical equipment, wiring and appliances shall be
installed and maintained in a safe manner in accordance with all applicable laws. All electrical
equipment shall be of an approved type.
Where there is electrical power available within 300 feet of the premises of any building,
such building shall be connected to such electrical power. Every habitable room shall contain at
least two supplied electric convenience outlets or one such convenience outlet and one supplied
electric fixture. Every water closet compartment, bathroom, furnace room, laundry room, and
public hallway shall contain at least one supplied electric light fixture.
55-21
CHAPTER V -BUILDING, LAND USE & REGULATIONS
Section 55.09: MINIMUM THERMAL STANDARDS. No person shall occupy as
owner, occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of
living therein, which does not have heating facilities which are properly installed, and which are
maintained in safe and good working condition, and which are capable of safely and adequately
heating all habitable rooms, bathrooms, and water closet compartments in every dwelling unit
located therein to a temperature of at least 68 degrees Fahrenheit at a distance of three feet above
floor level and three feet from exterior walls at an outside temperature of 25 degrees Fahrenheit.
Gas or electric appliances designed primarily for cooking or water heating purposes shall not be
considered as heating facilities within the meaning of this section. Portable heating equipment
employing flame and the use of liquid fuel does not meet the requirements of this section and is
prohibited. No owner or occupant shall install, operate or use a space heater employing a flame
that is not vented outside the structure in an approved manner.
Section 55.10: GENERAL REQUIREMENTS. No person shall occupy as owner,
occupant or let to another for occupancy a dwelling or dwelling unit, for the purpose of living
therein, which does not comply with the following requirements:
Subd. 1: Foundations, Exterior Walls and Roofs. The foundation, exterior walls and
exterior roof shall be substantially water tight and protected against vermin and rodents and shall
be kept in sound condition and repair. The foundation element shall adequately support the
building at all points. Every exterior wall shall be free of deterioration, holes, breaks, loose or
rotting boards or timbers, and any other condition which might admit rain or dampness to the
interior portion of the walls or to the exterior spaces of the dwelling. The roof shall be tight and
have no defects which admits rains, and roof drainage shall be adequate to prevent rain water
from causing dampness in the walls. All exterior wood surfaces, other than decay resistant
woods, shall be protected from the elements and decay by paint or other protective covering or
treatment. If 15% or more of the exterior surface of such wood surface is unpainted or
determined by the Compliance Official to be paint blistered, the surface shall be painted. If 15%
or more of the exterior of the painting of any brick, block or stone wall is loose or has fallen out,
the surface shall be repaired.
Subd. 2: Windows. Doors and Screens. Every window, exterior door, and hatchway
shall be substantially tight and shall be kept in sound condition and repair. Every window, other
than a fixed window or storm window, shall be capable of being easily opened. Every window,
door and frame shall be constructed and maintained in such relation to the adjacent wall
construction as to completely exclude rain, wind, vermin and rodents from entering the building.
Every openable window or other device required by Section 55.6.1 shall be supplied with 16
mesh screens during the insect season.
Subd. 3: Floors, Interior Walls and Ceilines. Every floor, interior wall, and ceiling shall
be adequately protected against the passage and harborage of vermin and rodents, and shall be
kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or
rotted flooring materials. Every interior wall and ceiling shall be free of holes and large cracks
and loose plaster and shall be maintained in a tight weatherproof condition. Toxic paint and
materials with a lasting toxic effect shall not be used. Every toilet room and bathroom floor
surface shall be capable of being easily maintained in a clean and sanitary condition.
55-22
CHAPTER V -BUILDING, LAND USE & REGULATIONS
Subd. 4: Rodent Proof. Every dwe]ling and accessory structure and the premises upon
which located shall be maintained in a rodent free and rodent proof condition. All openings in
the exterior walls, foundations, basements, ground or first floor, and roofs which have a 2"
diameter or larger opening shall be rodent proofed in an approved manner. Interior floors or
basements, cellars and other areas in contact with the soil shall be paved with concrete or other
rodent impervious material.
Subd. 5: Fence Maintenance. All fences supplied by the owner or agent on the premises
and all fences erected or caused to be erected by an occupant on the premises shall consist of
metal, wood, masonry, other decay resistant material. Fences shall be maintained in good
condition both in appearance and in structure. Wood material, or other than decay resistant
varieties, shall be protected against decay by use of paint or other preservatives.
Subd. 6: Accessory Structure Maintenance. Accessory structures supplied by the owner,
agent or tenant occupant on the premises of a dwelling shall be structurally sound, and be
maintained in good repair and appearance. The exterior of such structures shall be made weather
resistance through the use of decay resistant materials such as paint or other preservatives.
Subd. 7: Safe Building Elements. Every foundation, roof, floor, exterior and interior
walls, ceilings, inside and outside stair, every porch and balcony, and every appurtenance
thereto, shall be safe to use and capable of supporting loads that normal use may cause to be
placed thereon.
Subd. 8: Facilities to Function. Every supplied facility, piece of equipment or utility,
required under City Ordinances and every chimney and flue shalt be installed and maintained
and shall function effectively in a safe, sound and working condition.
Subd. 9: Grading and Drainage. During the period May through October, every yard,
court, passageway, and other portions in the premises on which a dwelling stands shall be graded
and drained so as to be free of standing water that constitutes a detriment to health and safety.
Subd. 10: Yard Cover. Every yard on a premise on which a dwelling stands shall be
provided with lawn or combined lawn cover of vegetation, gardens, hedges, shrubbery, and
related decorative materials and such yards shall be maintained consistent with prevailing
community standards. Motor vehicles may not be left parked or unattended on or within a yard.
Grass shall be maintained so not to exceed a height of 6 inches.
Subd. 11: Discontinuance of Service or Facilities. No owner, operator, or occupant shall
cause any service, facility, equipment or utility which is required under this ordinance, to be
removed from or shut off from or discontinued for any occupied dwelling or dwelling unit let or
occupied by him, except for such temporary interruptions as may be necessary while actual
repairs or alterations are in process, or during temporary emergencies.
Subd. 12: Building identification. Every building shall have the assigned street number(s)
displayed on the building in such a position as to be plainly visible and legible from the street
55-23
CHAPTER V -BUILDING, LAND USE & REGULATIONS
fronting the property and as otherwise required by this code.
Subd. 13. Motor vehicles. No inoperable or unlicensed motor vehicle or "abandoned
vehicle" as defined in Ordinance 108.02, Subd. 1, or "junk vehicle" as defined in Ordinance
108.02, Subd. 2, shall be parked, kept or stored outside of a completely enclosed structure on any
rental property.
Subd. 14. Defaced property. It shall be the responsibility of the owner to restore any
portion of a rental dwelling or rental property that has been damaged, mutilated or defaced by the
placing of any marking, carving or graffiti on any structure.
Subd. 15. Decorative features. All cornices, belt courses, corbels, terra cotta trim; wall
facings and similar decorative features shall be maintained in good repair with proper anchorage
and in a safe condition.
Subd. 16. Overhang extensions. All overhang extensions including but not limited to
canopies, metal awnings, fire escapes, standpipes, and exhaust ducts shall be maintained in good
repair and shall be properly anchored.
Subd. 17. Basement hatchwavs. Every basement hatchway shall be maintained to prevent
the entrance of rodents, rain and surface drainage water.
Section 55.11: MAXIMUM DENSITY MINIMUM SPACE, USE AND LOCATION
REQUIREMENTS. No person shall occupy nor permit or let to be occupied any dwelling or
dwelling unit for the purpose of living therein, which does not comply with the following
requirements:
Subd. l: Permissible Occupancy of Dwelling Unit. Every dwelling unit shall have at
]east one room which shall have not less than 150 square feet of floor area. Other habitable
rooms, except kitchen, shall have an area of not less than 70 square feet. Where more than two
persons occupy a room used for sleeping purposes the required floor area shall be increased at
the rate of 80 square feet for each occupant in excess of two.
EXCEPTION: Nothing in this Section shall prohibit the use of an efficiency living unit within an
apartment house meeting the following requirements:
a) The unit shall have a living room of not less than 220 square feet of superficial
floor area. An additional 100 square feet of superficial floor area shall be provided
for each occupant of such unit in excess of two.
b) The unit shall be provided with a separate closet.
c) The unit shall be provided with a kitchen sink, cooking appliance and
refrigeration facilities, each having a clear working space of not less than 30
inches in front. Light and ventilation conforming to this Code shall be provided.
55-24
CHAPTER V -BUILDING, LAND USE & REGULATIONS
d) The unit shall be provided with a separate bathroom containing a water closet,
lavatory, bathtub or shower.
Subd. 2: Minimum Ceilin Hg eight. In order to qualify as habitable, rooms shall have
clear ceiling height of not less than 7 feet, except that in attics or top half stories used for
sleeping, study, or similar activities, the ceiling height shall be not less than 7 feet over at least
one-half of the floor area. In calculating the floor area of such rooms in attics or top half stories,
only those portions of the floor area of the room having a clear ceiling height of 5 feet or more
may be included. Except as otherwise specifically provided, all licensed rental properties in
existence on the effective date of this Ordinance shall be subject to the built-in deficiencies
limitations as set forth at Section 55.1, Subd. 3(b) of this Ordinance.
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 55.12 PARKING.
I~~~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 ~ Formatted: Tab stops: Not at 1.33°_
surfaces which lead to a garage or a side yard. Vehicles shall not be parked on
grass, dirt, in front yards, backyards, or in any other location which is not an
approved parking space and which does not adhere to these standards.
b Parking_Surface Standards. Each. parking space shall be constructed and. - - Formatted: Indent: Leh: os", Hanging: os"
maintained in ,good condition with a uniform hard surface of concrete, asphalt,
minimum of six inches of Class ~ compacted gravel. c» • similar surfaces
specifically approved by the building official and Citv Engineer. Those parking
spaces accessed from hard surfaced street or alley must be hard surface of asphalt
01' C017CCete. Formatted: Underline
their ~
1}c
n anging: ~
,
responsib e for enforc ng th se parking regulations and they are
tenants, are ~ m
requlred to exerclse effectlvc control over thelr tenants and others vlsrtm~ or atted: Bullets and N mberi g
using the property. The legal enforcement of these parking standards shall be the
joint responsibility of the building official and the police department.
~d.~=irne- Time for compliance. Any licensed rental property in existence at the time' - Formatted_Indent: Left: 0.5", Hang- ing~ 0
of adoption of this Ordinance which cannot readily provide parking spaces as Formatted: suuets and Numbering
required by this code may request permission from the building official for time
55-25
CHAPTER V -BUILDING, LAND USE & REGULATIONS.
to come into compliance with those subsections, which may be approved, in
writing, for a period of time not to exceed one year from the date of adoption of
this Ordinance. All properties which are subject to this section shall immediately
comply with the other requirements of this section.
Section 55.13. 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:
1. St. Joseph Ordinance 102-1, which prohibits noisy parties or assemblies.
2. Minnesota Statutes §§ 609.75 through 609.76, which prohibit gambling.
3. Minnesota Statutes §§ 609.321 through 609.324, which prohibit prostitution and
acts relating thereto.
4. Minnesota Statutes §§ 152.01 through 152..025, and 152.027, subd. 1 and 2,
which prohibit the unlawful sale or possession of controlled substances.
5. Minnesota Statutes § 340A.401, which prohibits the unlawful sale of alcoholic
beverages.
6. Minnesota Statutes §§ 97B.021, 97B.045, 609.66 through 609.67 and 624.712
through 624.716, which prohibit the unlawful possession, transportation, sale or
use of a weapon.
7. Minnesota Statutes § 609.72, which prohibits disorderly conduct, when the
violation disturbs the peace and quiet of the occupants of at least one unit on the
licensed premises or other premises, other than the unit occupied by the person(s)
committing the violation.
(b) Enforcement of disorderly use violations. A violation of any of the foregoing
ordinances or statutes is established by a finding of guilt by a court of competent
jurisdiction, even if there is a stay of adjudication or other post-conviction orders
or proceedings. The building official shall notify the property owner and the city
administrator when any such charges are brought against a tenant or guest unless
prohibited from doing so by law.
Section 55.14: UNFIT FOR HUMAN HABITATION.
Subd. 1: Vacation of Building. Any dwelling, dwelling unit, or rooming unit which is
damaged, decayed, dilapidated, unsanitary, unsafe, vermin or rodent infested, or which lacks
provision for basic illumination, ventilation or sanitary facilities to the extent that the defects
create a hazard to the health, safety or welfare of the occupants or of the public may be declared -~
unfit for human habitation. Whenever any dwelling, dwelling unit, or rooming unit has been
declared unfit for human habitation, the Compliance Official shall order same vacated within a
reasonable time and. shall post a placard on same indicating that it is unfit for human habitation,
and any operating license previously issued for such dwelling shall be revoked.
55-26
CHAPTER V -BUILDING, LAND USE & REGULATIONS
Subd. 2: Reoccupation. It shall be unlawful for such dwelling, dwelling unit, or rooming
unit to be used for human habitation until the defective conditions have been corrected and
written approval has been issued by the Compliance Official. It shall be unlawful for any person
to deface or remove the declaration placard from any such dwelling, dwelling unit or rooming
unit.
Subd. 3: Secure Units and Vacated Dwellings. The owner of any dwelling, dwelling
unit, or rooming unit which has been declared unfit for human habitation, or which is otherwise
vacant for a period of 60 days or more, shall make same safe and secure so that it is not
hazardous to the health, safety and welfare of the public and does not constitute a public
nuisance. Any vacant dwelling open at doors or windows, if unguarded, shall be deemed to be a
hazard to the health, safety and welfare of the public and a public nuisance within the meaning of
this Ordinance.
Subd. 4: Hazardous Building Declaration. In the event that a dwelling has been declared
unfit for human habitation and the owner has not remedied the defects within a prescribed
reasonable time, the dwelling may be declared a hazardous building and treated consistent with
the provisions of Minnesota Statutes.
Section 55.15: COMPLIANCE ORDER.
Subd. l: Issuance. Whenever the Compliance Official determines that any dwelling,
dwelling unit, or rooming unit, or the premises surrounding any of these, fails to meet the
provisions of this Ordinance, he may issue a Compliance Order setting forth the violations of the
Ordinance and ordering the owner, occupant, operator or agent to correct such violation. This
Compliance Order shall:
a) Be in writing.
b) Describe the location and nature of the violations of this Ordinance.
c) Establish a reasonable time for the correction of such violation and notify of
appeal recourse.
d) Be served upon the owner or his agent or the occupant, as the case may require,
with a copy being provided to the city administrator. Such notice shall be deemed
to be properly served upon such owner or agent, or upon any such occupant, if a
copy thereof is
1. Served upon him personally, or
2. Sent by registered mail to his last known address, or
3. Upon failure to effect notice through (a) and (b) as set out in this section,
posted at a conspicuous place in or about the dwelling which is affected by
the notice.
Subd. 2: 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
55-27
CHAPTER V -BUILDING, LAND USE & REGULATIONS
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
within the time set therein shall be guilty of a misdemeanor. Each day of such failure to comply
shall constitute a separate punishable offense.
Subd. 6: Reinspection. The Compliance Officer shall reinspect the property to determine
if the owner has complied with the compliance order. If compliance has not been completed
upon reinspection, the owner shall be assessed a reinspection fee for that reinspection and each
subsequent reinspection for compliance. Failure to pay the reinspection fee shall constitute a
failure to comply with the compliance order. The reinspection fee will be in an amount as
established by resolution of the City Council.
Subd. 7: Execution of Compliance Orders by Public Authority. Upon failure to comply
with a compliance order within the time. set therein and no appeal having been taken, or upon
failure to comply with a modified compliance order within the time set therein, the criminal
penalty established hereunder notwithstanding, the City Council may by resolution cause the
citied deficiency to be remedied as set forth in the compliance order. The cost of such remedy
shall be a lien against the subject real estate and may be provided by Minnesota Statutes, Chapter
429, but the assessment shall be payable in a single installment.
Section 55.16: ALTERNATIVE SANCTIONS. Notwithstanding the availability of the
foregoing compliance procedures and the penalties, whenever the Compliance Official
55-28
CHAPTER V -BUILDING, LAND USE & REGULATIONS
determines that any dwelling, dwelling unit, or rooming unit or the premises surrounding any of
these fails to meet the requirements set forth in this Ordinance, the Compliance Official may
issue a violation tag summoning the responsible person into court or request the issuance of a
criminal complaint and arrest warrant.
Section 55.16: PENALTIES. Any person violating any of the provisions of this
Ordinance by doing any act or omitting to do any act which constitutes a breach of any section of
this Ordinance shall upon conviction thereof by lawful authority, be guilty of a misdemeanor,
punishable as herein defined. Each day that a violation continues shall be deemed a separate
punishable offense. No provision of this ordinance designating the duties of any official or
employee of the City shall be so construed as to make such official or employee liable for the
penalty provided in this section because of failure to perform such duty, unless the intention of
the City Council to impose such penalty on such official or employee is specifically and clearly
expressed in the section creating the duty.
Section 55.17: SEPARABILITY. Every section, provision, or part of this Ordinance is
declared separable from every other section, provision, or part to the extent that if any section,
provision or part of the Ordinance shall be held invalid or unconstitutional, it shall not invalidate
any other section, provision or part thereof.
55-29
Judy Weyrens
From: Ron Wasmund [RWasmund@inspectroninc.com]
Sent: Thursday, April 03, 2008 2:44 PM
To: Judy Weyrens
Subject: RE: PC follow up
Judy,
I have found this language in the existing ordinance 55 in section 55.09 Subdivision 3. It was just carried forward to the
new Ordnance. I can find no significance to the date of 1940. It might have originally been tied to a HUD housing
standard when the original ordinance was drafted. I don't think the date is necessary. I have a suggested fix: delete the
words "built after 1940 and". The amended section would then read " No dwelling unit containing two or more
sleeping rooms shall have a room arrangement such that access to a bathroom or water closet compartment
intended for use by occupants of more than one sleeping room can be gained only by going through another
sleeping room. A bathroom or water closet compartment shall not be used as the only passageways to any
habitable room, hall, basement or cellar or to the exterior of any dwe/ling unit."
The Northfield Ordinance states "Where bathrooms are shared by rooming units or by occupants of a dwelling unit, the
bathroom shall be located so that no occupant has to pass through another occupant's bedroom to use the facility".
Ron
-----Original Message-----
From: Judy Weyrens [mailto:jweyrens@cityofstjoseph.com]
Sent: Thursday, April 03, 2008 9:57 AM
To: Ron Wasmund
Subject: PC follow up
Good Morning Ron -
I am working on Planning Commission packets and they have one question for you. In Ordinance 55 subd. 26 it
makes reference to dwelling units constructed after 1940. What is the significance of 1940 or why that date?
Judy Weyrens
Administrator
City of St. Joseph
PO Box 668
St. Joseph MN 56374
(320) 363-7201
(320) 363-0342 (Fax)
iweyrensCc~citvofstjoseoh. com