HomeMy WebLinkAbout[05] Ordinance 505 Amendment
Council Agenda Item 5
MEETING DATE: January 6, 2020
AGENDA ITEM: Ordinance 505 – Housing, Maintenance & Rental Ord Amendment
SUBMITTED BY: Community Development
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission (5-0)
recommends approval of the Amendment to Ordinance 505 repealing and replacing in its entirety.
PREVIOUS COUNCIL ACTION: On December 16, 2019, the City Council amended Zoning
Ordinance 502 related to rentals.
BACKGROUND INFORMATION: The Planning Commission initiated studying rental regulations
due to the number of conditional and interim use permit requests for rentals being submitted and since it
had been a number of years since it was last reviewed.
The rental ordinance (Ordinance 505) governs licensing, standards (occupancy, life safety, building code,
property maintenance, etc.), and enforcement. A schedule of fines for enforcement will be presented to
the City Council in February.
The purpose of repealing and replacing Ordinance 505 in its entirety is to remove redundancies
and remove irrelevant language, and simplify to make the information easier to find, easier to
administer, and use plain language to reduce the potential for controversial interpretations. For
example, the updated definition of a family clearly states no more than three unrelated persons
may rent. The following provisions are addressed in the new ordinance:
Adds an intent section.
Removes the rental limitations within the R-1, R-2, R-3, and R-4 Districts and the interim
use permit requirement
Sets minimum standards for overall building and property maintenance.
Addresses the annual permit and inspection process, transfers, and denial of a permit.
Addresses unsafe structure, occupancy and use standards, sanitation, electrical, plumbing
and life safety items including fire extinguisher, smoke alarms, fire sprinkler and alarm
systems, fire resistive construction, and carbon monoxide alarms.
Addresses enforcement and penalty. Repeat offenders will be subject to license denial
and revocation.
ATTACHMENTS: Request for Council Action
Ordinance 2020-02 Amending Ordinance 505
Ordinance 2020-02 Approving Summary Ordinance
Current Ordinance 505
REQUESTED COUNCIL ACTION: Motion 1: Approve Ordinance No. 2020-02 Repealing and
Replacing Ordinance 505.
Motion 2: Approve Ordinance 2020-02 Summary Ordinance (Supermajority Required).
Ordinance 505Amendment
Page 1 of 1
ORDINANCE NO. 2020-02
AN ORDINANCE AMENDING CHAPTER V - BUILDING, LAND USE &
REGULATIONS, ORDINANCE 505
IT IS HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF ST. JOSEPH
MINNESOTA:
Repealing & Replacing, Ordinance 505
to read as follows:
ORDINANCE 505 HOUSING, MAINTENANCE AND RENTAL ORDINANCE
______________________________________________________________________________
______________________________________________________________________________
Section 505.01: 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.
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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 Intent. The intent of this Ordinance is to establish and continue a rental property
licensing, inspection and maintenance program that corrects substandard conditions, maintains a
standard for rental units, provides a means for imposing license fees to help the City defray the
costs necessary for housing inspections and enforcement of this Ordinance, and provides for the
quiet enjoyment of the normal activities of life for occupants of rental properties and for the
neighborhoods in which such rental properties are located.
Subd. 3. Saving Clause. With respect to rental disputes, and except as otherwise
specifically provided by the terms of this ordinance, it is not the intention of the City Council to
intrude upon the fair and accepted contractual relationship between tenant and landlord. The City
Council does not intend to intervene as an advocate of either party, nor to act as an arbiter, nor to
be receptive to complaints from tenant or landlord which is not specifically and clearly relevant
to the provisions of this ordinance. In the absence of such relevancy with regard to rental
disputes, it is intended that the contracting parties exercise such legal sanctions as are available
to them without the intervention of City government. In enacting this ordinance neither is it the
intention of the City Council to interfere or permit interference with legal rights to personal
privacy.
Section 505.02: APPLICABILITY AND EXCEPTIONS. . This Ordinance applies to all
rental units that are let, in whole or in part, and used or intended for human habitation. It includes
accessory structures such as garages and storages buildings. This Ordinance does not apply to
any residential dwelling on the campus of the College of Saint Benedict, and county, state, or
federally licensed facilities/units.
Section 505.03: DEFINITIONS. The following definitions shall apply in the
interpretation and enforcement of this ordinance:
Accessory Structure. A structure subordinate to the main or principal dwelling which is
not authorized to be used for living or sleeping by human occupants and which is located
on the premises.
Building. Any structure erected for the support, shelter, or enclosure of persons, animals,
chattels, or movable property of any kind.
Code Official. The official who is charged with the administration and enforcement of
this Ordinance, or any duly authorized representative.
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Dwelling. A building, wholly or partly used or intended to be used for living, sleeping,
cooking or eating purposes by human occupants; but not including rest homes,
convalescent homes, nursing homes, hotels, motels, facilities licensed by the State of
Minnesota as institutional occupancies or dormitories. May also be called a residence or
residential building.
Dwelling Unit. A residential accommodation providing complete independent living
facilities for one family only, including sleeping, kitchen and bathroom facilities.
Egress. An arrangement of exit facilities to assure a safe means of exit from a building.
Exit. A continuous and unobstructed means of egress to a public way. Exit includes
intervening doors, corridors, ramps, stairways, and courts.
Electrical code. The national electrical code, which is part of the building code adopted
by the city.
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
approved pest elimination.
Family. An individual or two (2) or more persons each related to the other by blood,
marriage, domestic partnership, adoption, legal guardianship (including foster care), or a
group of not more than three (3) persons not so related maintaining a common household
and using common cooking and kitchen facilities.
Fire code. The part of the building code adopted by the city.
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.
Garbage. Putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking, and consumption of food.
Habitable Room. Space in a structure for living, sleeping, eating or cooking. Bathrooms,
toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered
habitable spaces.
Heated Water. Water heated to a temperature of not less than 110 degrees Fahrenheit,
measured at the faucet outlet.
Immediate Family Member. An individual related to the owner as parent, grandparent,
spouse, child or grandchild, whether related by birth, adoption, marriage, civil
partnership, or cohabitation.
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Infestation. The presence of insects, rodents, or other pests within or around the dwelling
on a premises.
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.
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.
Manager. The owner or owner’s agent who has charge, care,control or management of a
building or rental unit(s), or part thereof in which dwelling unit(s) or rooming unit(s) are
let.
Mechanical code. Part of the building code adopted by the city.
Multiple family dwelling. A dwelling or portion thereof containing three or more
dwelling units.
Nuisance. Nuisance is:
1. Any nuisance as defined by this Ordinance or other provision of this code.
2. Any nuisance as defined by state or federal law or regulation.
3. Any public nuisance known at common law or in equity jurisprudence.
4. Any attractive nuisance that may prove detrimental to children whether in a
building, on the premises of a building or on an unoccupied lot, including
but not limited to any abandoned well, shaft, basement or excavation;
abandoned refrigerators and motor vehicles; any structurally unsound fences or
structures; and any lumber, trash, debris or vegetation that may prove a hazard to
children.
5. Whatever is dangerous to human life or is detrimental to health as determined by
the building official.
6. Overcrowding a room with occupants.
7. Insufficient ventilation or illumination.
8. Inadequate or unsanitary sewage or plumbing facilities.
Occupant. Any person (including owner or manager) living, sleeping, cooking and eating
in dwelling unit or living and sleeping in a rooming unit.
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.
Owner. Any person, agent, operator, firm or corporation having a legal or equitable
interest in the property; or recorded in the official records of the state, county or
municipality as holding title to the property; or otherwise having control of the property,
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including the guardian of the estate of any such person, and the executor or administrator
of the estate of such person if ordered to take possession of real property by a court.
Permissible occupancy. The maximum number of persons permitted to reside in a
dwelling unit or rooming unit.
Person. An individual, firm, partnership, association, corporation or joint venture or
organization of any kind.
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.
Plumbing Code. Part of the building code adopted by the City.
Premises. A platted lot or part thereof or un-platted parcel of land, either occupied or
unoccupied by any dwelling or nondwelling structure, including such building, accessory
structure or other structure thereon.
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.
Refuse. All putrescible and nonputrescible waste solids including garbage and rubbish.
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.
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.
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.
Rental Property. Any real property, dwelling, dwelling unit, rooming unit or rental unit
which is rented or leased by one person or entity to another person or entity for payment
of a rental charge, including but not limited to dwellings, apartments, townhouses,
condominiums, manufactured homes, rooming houses, and other similar structures,
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including their accessory structures, appurtenances and common areas.
Repair. To restore to a sound and acceptable state of operation, serviceability or
appearance.
Rodent Harborage. Any places where rodents can live, nest, or seek shelter.
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.
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.
Safety. The condition of being reasonably free from danger and hazards which may
cause accidents or disease.
Substandard dwelling. Any dwelling which does not conform to the minimum standards
established by City Ordinances.
Supplied. Paid for, furnished by, provided by or under the control of the owner, operator,
or agent of a dwelling.
Section 505.04: LICENSING OF RENTAL UNITS.
Subd. 1. License and Registration Required. No person shall occupy, allow to be
occupied or let to another for occupancy any rental property in the City for which a written
application for a rental license and registration has not been properly made and filed with the
City and a valid rental dwelling license has not been obtained from the City. A person who
allows to be occupied, lets or offers to let to another, any rental unit, without a license as
required by this Ordinance, is guilty of a misdemeanor and subject to the penalty as provided in
Ordinance 104. The practice of pre-leasing multiple family residential (apartment building) new
rental construction shall be exempt from the provision of this subsection. In addition to, or in lieu
of, charging a misdemeanor, the City may impose an administrative penalty in an amount set in
the City of St. Joseph Schedule of Civil Fines.
a) A rental license is not required if the rental unit is only occupied by immediate
family members of the owner. A rental license is required if the rental unit is
occupied by any non-immediate family members of the owner. The City may
require sufficient written proof from the owner stipulating the relationship and
living agreements.
b) Any “Lease to Own” type arrangement is considered a rental and must be licensed
and registered as such until such time as the purchase transaction is completed.
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c) These rental license and registration requirements do not apply to residential
property that has been sold on a contract for deed so as long as the vendee
occupies the property and the sale document used to memorialize the sale is
recorded with the Stearns County Recorder’s Office and a copy is provided to the
City upon request.
Subd. 2: Application. A registration and license fee for each rental dwelling shall be due
at the time of the initial and/or renewal application as determined by the City of St. Joseph Fee
Schedule. An application will not be processed or considered until the registration and license
fee is paid.
Subd. 3: Registration License Procedures. Application shall be made on form(s) provided
by the City. Applicants shall provide requested information on the application form(s) which
shall include the following, but is not limited to:
a) Name, address and phone number of the owner of the rental property, and, if
applicable, of an agent authorized by the owner to accept service of process and to
receive and give receipt for notices. The owner shall provide the City with any
contact information changes occurring within the license period.
b) Owner shall indicate their assigned agent, and provide the address and phone
number of the agent actively managing said rental property.
c) Street address of the rental property and the number of dwelling units, and the
number of bedrooms in each dwelling unit.
d) The number of paved off-street parking spaces available.
e) Name, phone number and address of the person authorized to make or order
repairs and/or services necessary to protect the health, safety, and welfare of the
occupants or is able to contact the person so authorized.
e) Maximum number of people per rental dwelling.
f) Additional information as deemed necessary by the City, including but not limited
to tenant lists which includes tenant’s name and unit.
Subd. 4: Manner of Application. Rental registration and license application for a rental
license shall be made by the owner if such owner is a natural person; if the owner is a
corporation, cooperative, or limited liability company, by an officer thereof; if a partnership, by
one of the partners; and if the owner is an unincorporated association, by the manager or
managing officer thereof.
Subd. 5. Required Updates. An applicant or licensee must notify the City in writing
within fourteen (14) calendar days after any change to the information contained in the
Application.
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Subd. 6: Registration/License Term and Renewal. All rental licenses shall expire on
st
August 1 of each year. An owner who is operating a rental property after the license has expired
is operating an unlicensed rental property. Registration and License renewal as required by this
Ordinance shall be made by the owner or agent of the rental property completing and submitting
to the City the required application form(s) furnished by the City, along with the fee as
established in the City’s Fee Schedule. A rental renewal registration and license shall be applied
for at least 30 days prior to expiration of the license.
Subd. 7: Denials. The City may deny the issuance or renewal of a rental license for the
following reasons:
a) The applicant has an ownership interest or management role in other rental
properties that are in a suspended or revoked status;
b) The applicant fails to provide any information required on the City’s form(s), or
provides false or misleading information;
c) The applicant has real estate taxes and/or special assessments levied against the
rental property and/or other fines, fees, charges, or other financial claims owed to
the City or the State of Minnesota that have not been paid;
d) The rental property or any rental unit fails a property inspection in the opinion of
the Code Official;
e) The applicant has outstanding building, fire, or property maintenance standards
violations, fines, penalties, or delinquent utility charges owed to the City.
f) A development contract or land use requirement that restricts rental units.
Subd. 8. Inspections. All rental property required to be licensed pursuant to the
provisions of this Ordinance, will be inspected by the Code Official as follows:
a) License Issuance. No license shall be issued under this Ordinance unless the
rental property conforms to the Ordinances of the City of St. Joseph and the laws
of the State. An inspection of the rental unit shall be conducted and verified by the
Code Official prior to issuance of the initial rental license and renewal rental
license. If the license application is incomplete, or the applicant does not meet the
requirements of the licensing process, including the inspection requirements,
within 30 days of the submittal date, the application will be canceled.
b) Access for Inspection. Every applicant for and/or holder of a rental license shall
permit the Code Official and/or his or her authorized representatives, either
voluntarily or pursuant to an administrative or other warrant, to enter upon the
premises for the purpose of conducting inspections to verify compliance with this
Ordinance. No license shall be issued or renewed under this Ordinance unless the
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owner of the rental unit(s) agrees in their application to permit inspections to
determine compliance with City Code during the effective period of the rental
license. The submission of a license application, or the possession of a license
issued by the City, shall constitute the express consent of the owner to grant free
access and entry to the structure or premises under the owner’s control for
inspection pursuant to this chapter. If any owner refuses to permit or schedule free
access and entry to the structure or premises under their control for such
inspection, or refuses to be present during any such inspection when requested by
the Code Official, the application for a new or renewal rental license shall be
immediately denied or an existing license may be revoked for such refusal. If at
any other time the Code Official seeks entry to a licensed rental unit for
inspection and the Code Official is refused free access and entry, the City may
pursue any remedy at law, including, but not limited to, securing an
administrative search warrant for the property, revoking or suspending the rental
license, or seeking such other remedies provided by law.
Subd. 9: Transfers. No license under this Ordinance shall be transferable to another
person or to another rental unit. Every new owner of a rental property (whether as fee owner,
contract purchaser, lessee subletting the entire rental property or otherwise entitled to possession)
shall apply for a new rental license within fourteen (14) calendar days of transfer of the rental
property. An inspection shall be made within 14 days of the application for such new rental
license due to transfer. Violation(s), if any, shall be corrected by the owners and a re-inspection
will be made within 30 days of the initial inspection. Additional re-inspections required after the
initial re-inspection will be charged a re-inspection fee according to the City fee schedule. Any
uncorrected violations may be subject to the penalty provisions in this Ordinance.
Section 505.05: UNSAFE STRUCTURES, EQUIPMENT AND USE. When a structure,
portion of a structure, or equipment is found by the Code Official to be unsafe, or found to be
used in an unlawful way, such structure, equipment or use shall be abated by repair,
rehabilitation, demolition, or removal in accordance with the Minnesota State Building Code and
Minnesota Statutes, sections 463.15 to 463.26. The Code Official may order any building to be
vacated if any portion of the structure, or equipment or any use is dangerous to life, health, or
safety of the occupants. The Code Official shall have the authority to order disconnection of
utility services to the building, or equipment.
a) Unsafe Structure: An unsafe structure is one that if found to be dangerous to the
life, health, property or safety of the occupants or public because of inadequate
maintenance, dilapidation, physical damage, unsanitary condition or
abandonment.
b) Unsafe Equipment: Unsafe equipment includes fixtures, appliances, heating
and/or cooling equipment, ventilation equipment, electrical equipment or systems,
plumbing fixtures or systems, decorative appliances and equipment, elevators or
chair lifts, or building services which constitute a fire, electrical, or health hazard
or otherwise dangerous to human life.
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c) Unsafe Use: Unsafe use is any use which constitutes a fire, health or safety hazard
to the occupants or public.
Section 505.06: SPACE, OCCUPANCY AND USE STANDARDS. Any rental unit or
portion thereof, or the premises on which the same is located, which does not comply with the
conditions referenced in this section to an extent that endangers the life, limb, health, property, safety
or welfare of the public or the occupants thereof, shall be deemed and hereby declared to be
an unsafe structure, equipment or use. Failure to comply with any of these standards and
conditions shall be adequate grounds for the denial, refusal to renew, revocation or suspension
of a rental license.
Subd. 1. Space and 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.
a) No person shall let to another for occupancy any dwelling unit by more than one
family as defined in this Ordinance, except in a dwelling unit in an apartment
building in the R-3 Multiple Family Residential District.
b) Minimum Ceiling Height. Habitable rooms or spaces shall have clear ceiling
height of not less than 7 feet. If any room in a building has a sloping ceiling, the
prescribed ceiling height for the room is required in only one-half the area thereof.
In calculating the floor area of such rooms, only those portions of the floor area
with a clear ceiling height of 5 feet or more shall be included.
c) Room Area. Every living room shall contain at least 120 square feet and every
bedroom or sleeping room shall contain at least 70 square feet.
d) Width. No habitable room other than a kitchen shall be less than seven (7) feet in
any dimension.
Subd. 2. 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
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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 at temperatures less than forty-five (45) degrees
Fahrenheit but more than thirty-two (32) Fahrenheit under ordinary maximum
summer conditions,, 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, and that sufficient
space and adequate connections for the safe and efficient installation and
operation of said stove, refrigerator or similar device must be provided. A kitchen
facility and/or cooking appliances, other than a microwave oven are not
permissible in a rooming unit.
Subd. 3. Lighting. All enclosed areas of the rental unit being used or occupied shall
be provided with natural light by means of exterior glazed openings or shall be provided
with artificial light by the buildings electrical systems.
a) Public hallways, corridors, stairways and other exit facilities shall be lighted at all
times the building is used or occupied.
Subd. 4. Ventilation. Every habitable room shall be provided with either an approved
mechanical ventilation system or natural ventilation. Natural ventilation may be
by means of operable exterior openings such as a window, door, skylight or other
approved opening. Every bathroom must be provided with either a mechanical
exhaust or an openable window.
Subd. 5. Sanitation. All sanitary facilities shall be installed and maintained in a safe and
sanitary condition in accordance with applicable requirements of the Minnesota
State Plumbing Code.
a) All dwelling units must have access to a bathroom equipped with facilities
consisting of a water closet, lavatory, and either a bathtub or shower.
b) Bathroom Access: In a rental dwelling unit, the bathroom shall have an entrance
door which affords privacy. No occupant shall have to pass through another
occupant’s room to use the bathroom facility.
c) Bathroom Separation: Every water closet, bathtub or shower required by this
Ordinance shall be installed in a room that will afford privacy to the occupant.
Bathrooms shall be separated from the food preparation areas by a tight fitting
door.
d) Floor Coverings: Bathroom floors shall have a smooth, hard nonabsorbent surface
such as vinyl, tile, vinyl sheet goods, ceramic tile or sealed concreate. Floor
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surfaces shall be maintained in good condition so the floor can be maintained in a
sanitary condition.
Subd. 6. Mechanical/Heating.
a) Rental units shall be provided with heating appliances capable of maintaining a
room temperature of 64 degrees Fahrenheit at a point three (3) feet above the floor
in all habitable rooms, bathrooms and water closet compartments. Heating
appliances shall be installed and maintained in a safe condition and in accordance
with their listings. Un-vented fuel-burning appliances are not permitted. All heating
devices or appliances shall be of an approved type.
b) Every fuel-burning appliance shall discharge the products of combustion to the
exterior through an approved factory-built chimney, masonry chimney or vent that is
approved by the appliance manufacturer. Chimneys or vents shall be designed for the
type of appliance being vented.
c) Exhaust vents, pipes, ducts, conductors, fans or blowers shall not discharge
gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate
wastes directly upon abutting or adjacent public or private property or that of
another tenant or occupant.
d) Hazardous Mechanical Equipment: Mechanical equipment that was installed in
violation of code requirements in effect at the time of installation or mechanical
equipment not installed in accordance with generally accepted construction practices in
areas where no codes were in effect or mechanical equipment that has not been
maintained in good and safe condition shall be considered hazardous and removed,
replaced or repaired.
Subd. 7. Electrical.
a) 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.
b) 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
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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.
c) 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.
e) Electrical wiring that was installed in violation of the Minnesota State Electrical
Code requirements in effect at the time of installation or that has not been
maintained in good condition or that is not being used in a safe manner shall be
considered a hazardous or unsafe use and shall be repaired, replaced or removed.
Subd. 8. Plumbing. All plumbing fixtures shall be an approved type, properly installed,
free of leaks and maintained in a safe, sanitary and functional condition.
a) All plumbing fixture drains shall be connected to a sanitary sewer or to an
approved private sewage disposal system.
b) All water supply fixtures shall be connected to an approved system of water supply
and provided with hot and cold running water necessary for its normal operation. All
plumbing fixtures shall be of an approved glazed earthenware type or of a similarly
nonabsorbent material.
c) Plumbing System Leaks: Leaking drain or supply lines shall be repaired or replaced.
d) Plumbing System Hazards: Where it is found that a plumbing system in a structure
constitutes a hazard to the occupants or to the structure by reason of inadequate
service, inadequate venting, improper installation, deterioration or damage or for
similar reasons, the code official shall require the defects or hazard to be corrected.
e) Cross Contamination: The water supply shall be maintained free from
contamination and all water inlets for plumbing fixtures shall be located above the
flood-level rim of the fixture or provided with approved backflow prevention devices
as required by the Minnesota State Plumbing Code. Hose bibs or faucets to which
hoses are attached and left in place, shall be protected by an approved atmospheric-
type vacuum breaker or an approved permanently attached hose connection
vacuum breaker.
Subd. 9. Means of Egress.
a) Rental units shall have access directly to the outside or to a common hallway,
public corridor, exit passageway, or exit stair enclosure which provides access to
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an exterior exit door. An exit shall not pass through a hazardous area such as a
furnace room, boiler room, storage room, private garage or similar areas.
b) Means of egress system shall be deemed as meeting the intent of this Ordinance,
provided that the means of egress system or systems is evaluated by the Code Official
and judged to be equivalent to the means of egress system that was required by the
Minnesota State Building and/or Fire Code that was in effect at the time the
building was constructed. This includes, but is not limited to, number of exits,
separation of exits, egress illumination, emergency egress illumination, exit signage,
rated corridors, doors, hardware and egress travel distance.
c) Obstruction of Egress. 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. All egress routes shall be properly
maintained in a safe manner.
d) Security. When an exit door provides security from unlawful entry, the door shall be
provided with a dead-bolt lock or approved locking device which is operable from the
inside without the use of a key, special knowledge, or effort. Double cylinder dead
bolt locks are permissible in accordance with MN Statute 326B.106 Subd.4 (g) on
existing single family homes, individual dwelling units of townhouse buildings, and
first floor duplexes used exclusively as a residential dwelling.
e) Fire Department Key Box. Fire Department Key Box and building keys shall be
maintained in accordance with the MN State Fire Code.
Subd. 10 Life Safety.
a) Fire Extinguishers. All rental units shall be equipped with a rechargeable fire
extinguisher with a minimum rating of 2A 10BC. The extinguisher(s) shall be
located in conspicuous locations along the normal path of travel where they will be
readily accessible and immediately available for use in accordance with the
Minnesota State Fire Code. Fire extinguishers shall be serviced at least annually or
as required by the Code Official. 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.
b) Smoke Alarms. Smoke alarms shall be provided, powered and maintained in
accordance with the requirements of the Minnesota State Fire Code. Smoke alarms
must be replaced when they exceed ten (10) years from the date of manufacture
and remain operational at all times the building is used or occupied.
c) Buildings constructed on or after 6-2-2015: Hardwired with battery back-up and
interconnected in hallways outside sleeping rooms, in each sleeping room, on
each level and in basements.
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d) Buildings constructed on or after 8-1-1989: Hardwired smoke alarms in hallways
outside all sleeping rooms, on each level and in basements.
e) Buildings constructed before 8-1-1989: Battery powered smoke alarms in
hallways outside all sleeping rooms, on each level and in basements.
f) Fire Sprinkler and Alarm Systems. All existing fire sprinkler, standpipe and fire
alarm system piping, wiring, panels, notification devices, detection devices, sprinkler
heads and applicable equipment, components and system monitoring shall be
operational and properly maintained in accordance with their original approval and
applicable Minnesota State Fire Code requirements. 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.
g) Fire Resistive Construction. Existing fire resistive construction, assemblies,
components and associated hardware shall be properly maintained in accordance
with their original approval and applicable Minnesota State Fire Code
requirements.
h) Carbon Monoxide Alarms. Carbon Monoxide alarms must be provided in
accordance Minnesota Statute 299F.50 and the Minnesota State Fire Code. A
minimum of one approved and fully operational carbon monoxide alarm must be
installed within ten (10) feet of each room lawfully used for sleeping purposes. If
sleeping rooms are located on separate floors or separate areas on the same floor,
additional carbon monoxide alarms would be necessary within ten (10) feet of
each sleeping room. Carbon Monoxide alarms must be properly maintained in
accordance with the manufacturer’s requirements and installed in accordance with
the manufacturer’s installation requirements and MN Statute 299F.51.
i) Emergency Escape Openings. Basements, habitable attics, and every sleeping
room below the fourth story shall have at least one operable emergency escape
and rescue opening. Where basements contain one or more sleeping rooms,
emergency egress and rescue openings shall be required in each sleeping room but
not in adjoining areas of the basement. Emergency egress and rescue openings
must comply with the Building Code in affect at the time the building was
constructed. In the event that there was no Building Code or the date of
construction is unknown, emergency egress and rescue openings must comply
with the requirements for existing buildings in the Minnesota State Fire Code as
follows:
1. Escape window openings shall have a minimum net clear opening area
of 4.5 square feet.
2. Opening height and width dimensions shall not be less than 20 inches.
3. The maximum height from the floor to window sill opening shall not
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exceed 48 inches.
4. Emergency escape window are allowed under decks and porches
provided the window opening is not obstructed and there is a clear
unobstructed path not less than 36 inches in height from the window
opening to a yard or court.
5. Window Wells. The minimum horizontal area of the window well shall
be 9 square feet with a minimum dimension of 36 inches. The area of
the well shall allow the window to be fully opened. Window wells with
a vertical depth of more than 44 inches shall be equipped with an
affixed ladder or steps. Ladders or steps shall not encroach into the
required dimensions of the well by more than 6 inches and shall not
obstruct the window opening.
SECTION 505.07 GENERAL REQUIREMENTS.
Subd. 1. Building Construction. Building construction, such as roofs, walls, floors,
structural elements and components shall be properly maintained in safe, sound and good
working condition present no visual dangerous conditions to human life or property.
Subd. 2. Stairs/Decks. Every stair, ramp, landing, balcony, porch, deck or other walking
surface shall be maintained in sound condition and good repair.
Subd. 3. Handrails. Stairways with four or more risers or ramps steeper than 1/12 slope
within rental units shall have a continuous, full-length, grip-able handrail located not less than 30
inches and not more than 42 inches measured vertically above stair nosing on at least one side of
the stair. Existing handrails that are firmly fastened, maintained in good condition are allowed to
remain as they are. Existing stairs not provided with any handrails shall have handrails installed
as required for new construction.
Subd. 4. Guardrails. Unenclosed floors, platforms, open sides of stairways, landings,
decks, balconies, porches or occupied roofs which are more than 30 inches above grade or floor
below shall be protected by a guardrail. Guards shall form a protective barrier not less than 42
inches high except for any the following:
a) Guards within dwelling units shall not be less than 36 inches high.
b) Guards on open stairs within dwelling units shall not be less than 34 inches
measured vertically from the stair nosing.
c) Existing guards of buildings designated as historic structures.
d) Existing guards that are firmly fastened, maintained in good condition and
constructed at a height which was in compliance with the State Building Code
when originally built are allowed to remain as they are.
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e) Opening limitations: Open guards shall have balusters or ornamental patterns such
that a 6-inch sphere cannot pass through any opening up to a height of 34 inches
except for existing guards which were in compliance with the Minnesota State
Building Code when originally constructed.
Subd. 5. Windows. Windows shall be kept in sound repair, good condition and weather
tight. Emergency escape windows must also comply with this Ordinance.
a) Operable windows shall be easily openable and capable of being held open by
approved means.
b) Window glazing shall be maintained free from cracks and holes.
c) Insect screens shall be free of tears and holes and in good working condition.
Subd. 6. Doors. All door assemblies and hardware must be maintained in good condition,
shall fit reasonably well within its frame and must be capable of being opened and closed.
Subd. 7. Refuse. The property owner or property manager shall provide an adequate
number of refuse containers to contain the amount of refuse produced on the property or as required
by local refuse ordinance. Containers shall be rodent and animal proof with a tight fitting cover.
Subd. 8. Storage Items. Flammable or combustible items and materials shall not be stored
within three (3) feet of any fuel burning appliances. Storage of items shall be orderly and shall not
block or obstruct exits. A minimum three (3) foot aisle shall be maintained to all exits, furnaces, water
heaters, water meters, gas meters or other building service equipment.
Subd. 9. Flammable and Combustible Storage. Fuel Storage tanks such as LP tanks,
gasoline containers and fueled equipment, including but not limited to motorcycles, mopeds, lawn-
care equipment and portable cooking equipment, shall not be stored or repaired in an apartment
building or rental unit except in a room constructed for that purpose in accordance with the
Minnesota State Fire Code
Subd. 10. Building Identification. Every building shall have the assigned street
numbers displayed on the building in such a position as to be plainly visible and legible from the
street or road fronting the property. Said numbers shall be no less than four (4) inches in height
and shall contrast with the background on which they are displayed.
Subd. 11. Exterior Finish. The exterior of a structure shall be maintained in good
repair, structurally sound, and sanitary.
a) All foundation walls shall be free from open cracks, holes and breaks and
capable of supporting the imposed loads.
b) All above grade exterior walls shall be free from holes, breaks, and loose or
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rotting materials; and maintained weatherproof and properly surface coated
where required to prevent deterioration.
c) All roofs shall be sound, tight and not have defects that admit rain and must
prevent dampness or deterioration in the walls or interior of the structure.
Subd. 12. Built In Deficiencies. It is determined that certain conditions within existing
buildings, lawful at the time of construction of the building, and not creating a hazardous
condition, may not comply with the minimum requirements of the Space, occupancy and use
standards of this Ordinance. Such conditions are referred to as “built in deficiencies”, and the
code official, in administering this Ordinance, may consider built in deficiencies as being
beyond reasonable correction and accept them as an alternate method of meeting the intent of
this section.
Subd. 13: Responsibility for Pest Extermination. Owners of dwelling units shall be
responsible for the extermination of vermin infestations and/or rodents on the premises.
Subd. 14: Rodent Harborages Prohibited in Occupied Areas. No owner or 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.
Subd. 15: 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. 16: Removal of Snow and Ice. The owner of a rental property 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.
Subd. 17: Minimum Exterior Lighting. The owner of a rental property dwellings shall
be responsible for providing and maintaining effective illumination in all exterior parking lots
and walkways.
Subd. 18: Maintenance of Driving and Parking Areas. The owner of rental property
shall be responsible for providing and maintaining in good condition parking areas and
driveways for tenants as mandated by City Ordinances.
Subd. 19: Maintenance of Yards. The owner of a rental property shall be responsible for
providing and maintaining premises' yards as mandated by City Ordinances.
Subd. 20: 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
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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. 21. Motor vehicles. No inoperable or unlicensed motor vehicle or “abandoned
vehicle” as defined and governed in City Ordinance shall be parked, kept or stored outside of a
completely enclosed structure on any rental property.
Subd. 22. 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.
Section 505.08: ENFORCEMENT AND INSPECTION AUTHORITY. The Building
Inspector and his/her designate agents shall be the Code 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 Code Official shall present evidence of authorization to the occupant in
charge of a respective dwelling unit.
Section 505.09: DISPLAY OF LICENSE. Every licensee of a rental property shall
conspicuously display at all times on the premises a copy of the current license as filed with and
approved by the City. This license shall be located on the premises so as to be easily viewed and
readable by the occupants of the rental property and shall be reasonably protected from wear by a
plastic cover or similar protective device.
Section 505.10: INSPECTION; RIGHT OF ENTRY. In order to compel the compliance
with the licensing requirements, the Code Official shall have the authority to enter any building
at reasonable times upon five (5) days' written notice to the owner or agent to determine if said
building is operated as a "rental property" as defined in this Ordinance or to enforce the Property
Maintenance Standards, or both. In those cases where emergency conditions endangering a
person or property exist, where either the Police Department or the Fire Department has
responded to a rental property, the Code Official will have the authority to enter any building at
any time by the request of the St. Joseph Police Department or the St. Joseph Fire Department to
enforce any provisions of this Ordinance. Failure to schedule or allow a request by the Code
Official for an inspection shall result in rejection of the application or renewal, and if access is
denied the City may pursue remedies at law including an administrative search warrant.
Section 505.11: APPLICABLE LAWS. Licensees shall be subject to all of the provisions
of the ordinances of the City and the laws of the State relating to rental units; and this Ordinance
shall not be construed or interpreted to supersede any other such applicable ordinance or law.
Section 505.12: PENALTY, VIOLATIONS AND TERMINATION OF RENTAL
LICENSE.
Subd. 1. Penalty and Violations. It shall be unlawful for a person, firm or corporation to
be in conflict with or in violation of any provisions of City Ordinance. Any person who fails to
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comply with any of the requirements of this Ordinance shall be prosecuted within the limits
provided by local and state laws. Each day that a violation continues after due notice has been
served shall be deemed a separate offense.
Subd. 2. Penalty. A violation of any provision of this Ordinance is a misdemeanor and
also subject to an administrative citation in accordance with City Ordinance.
Subd. 3. Violation. Whenever the Code Official determines that a violation of City
Ordinance has occurred, notice shall be given to the licensee or person responsible for the
violation by U.S. mail or personally. Such notice shall be in writing, include a statement
of the violation or violations and why the notice is being issued, include a correction
order allowing a reasonable time to make the repairs or improvements and inform the
licensee or person responsible of their right to appeal.
Subd. 4. Re-inspection Fee. The Code Official may re-inspect the rental property
described in the notice to certify that all corrections have been made.
a) First Re-inspection: One re-inspection will be allowed to certify that all
corrections of any violation(s) have been made.
b) Second Re-inspection: If the violation has not been corrected and the Code
Official must return for additional re-inspections, a re-inspection fee as set forth
by the City Fee Schedule will need to be paid prior to the Code Official returning
to re-inspect the property. Additional re-inspections will be subject to additional
re-inspection fees.
Subd. 5. Suspension and Termination of Rental License. The City may suspend or revoke
a license or not renew a license for part or all of a facility at any time the Code Official can
determine that any owner, person, firm, corporation or partnership subject to this Ordinance has
failed to comply with the provisions of this Ordinance by means such as:
a) False or misleading information given or provided in connection with the license
application or renewal.
b) Failure to correct violations in the time period prescribed.
c) Violations committed or permitted by the licensed owner and/or the manager, or
tenant, of any rules, codes, statutes and ordinances related to, pertaining to, or
governing the license and the premises.
d) Failure to pay all real estate taxes and special assessments levied against the rental
property and/or other fines, fees, charges or other financial claims owed to the
City or the State of Minnesota.
e) Failure to allow an inspection of a rental property pursuant to this Ordinance.
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f) Failure to provide updated application information during the license period.
g) Commission of a felony related to the licensed activity by the property owner or
manager.
h) During a 12 month period, the property and/or dwelling unit(s) has generated
three or more violations pursuant to this Ordinance and Ordinance 104.
i) Violation of an owner’s duties under Minnesota statutes sections 299C.66 to
299C.71.
j) Failure to comply with any part of this Ordinance.
Subd. 7. Notification. A decision to suspend a license shall be effective immediately upon
notice to the licensee. A decision to revoke, deny or not renew a license will be preceded
by written notice to the applicant, or licensee. Notice shall be in writing, include a
statement of the violation or violations and why the license is being revoked, suspended,
denied or not renewed.
Subd. 8. Request for Hearing. If a hearing is desired by the licensee, the licensed owner
must affirmatively request an evidentiary hearing in writing, to be received by the City
Administrator. If such written notice is received by the City Administrator prior to
expiration of the time specified for compliance, the City shall set a time for such hearing
and shall inform the owner of the time and place at which the City Council will meet to
consider such testimony as may be offered concerning the proposed violation. 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. If a request is not made prior to expiration of the time specified for
compliance, the right to an evidentiary hearing is deemed waived.
Subd. 9. Non-Compliance. In the event that a rental license is suspended by the Code
Official, it shall be unlawful for the owner or the duly authorized agent or manager to
thereafter permit any new occupancy of vacant or thereafter vacated rental units until
such time as a rental license is restored. In the event compliance has not been completed
within the time provided, or a hearing has not been requested by the owner in writing, the
Code Official shall recommend to the City and the City Council may terminate the
license. In the event that a rental license is revoked by the City Council, it shall be
unlawful for the owner or the duly authorized agent or manager to thereafter permit any
rental occupancy until such time as a rental license may be restored by the City Council.
When a rental license is revoked, the property shall be vacated as of the effective date of
the revocation and remain vacated until restoration of the license. In the case of
suspension, restoration shall occur automatically upon re-inspection if compliance is
completed prior to revocation. 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, paid a
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new license fee and passed a property maintenance inspection. The new license may then
be issued upon completion of the revocation period.
This ordinance becomes effective from and after its passage and publication.
th
Passed by the City Council of St. Joseph, Minnesota the 6 day of January, 2020
Rick Schultz, Mayor
ATTEST
Kris Ambuehl, City Administrator
This amendment was published on , 2020.
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ORDINANCE NO. 2020-02
AN ORDINACE REPEALING AND REPLACING IN ITS ENTIRETY
ORDINANCE 505 – HOUSING, MAINTENANCE AND RENTAL ORDINANCE
The following official summary of the ordinance referred to has been approved by the City Council of St.
Joseph as clearly informing the public of the intent and effect of the amendments.
Ordinance 505 – HOUSING, MAINTENANCE AND RENTAL ORDINANCE
The purpose of repealing and replacing Ordinance 505 in its entirety is to add the intent, address the
changes related to definitions, remove rental limitations within the R-1, R-2, R-3, and R-4 Districts and
the interim use permit requirement, amend language related to the license and registration process,
inspections, transfers, and denial of a license, add unsafe structure, equipment and use section, amend
space, occupancy and use standards section, including kitchen, sanitation, electrical, plumbing, life safety
items, including fire extinguisher, smoke alarms, fire sprinkler and alarm systems, fire resistive
construction, carbon monoxide alarms and enforcement section and refines the ordinance to eliminate
redundancies in ordinance language.
A printed copy of the entire ordinance is available for inspection by any person at the office of City Clerk,
Monday through Friday between the hours of 8:00 a.m. and 4:30 p.m. or on the City’s website at
www.cityofstjoseph.com.
This document hereby is made a part of this ordinance and is attached hereto.
Rick Schultz, Mayor
ATTEST:
Kris Ambuehl, Administrator
SEAL
PUBLISHED IN THE ST. CLOUD TIMES ON , 2020.
CURRENT ORDINANCE
CHAPTER V –BUILDING, LAND USE & REGULATIONS
ORDINANCE 505HOUSING, MAINTENANCE AND OCCUPANCY ORDINANCE
______________________________________________________________________________
______________________________________________________________________________
Section 505.01: 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 standardsfor light and ventilation, necessary to health and
safety;
e)To prevent the overcrowding of dwellings by providing minimum space standards
per occupant for each dwelling unit;
f)To provide minimum standards for the maintenance of existing residential
buildings;
g)To preserve the value of land and buildings throughout the City.
h)To assure that rental housing in the City is decent, safe and sanitary, and is so
operated and maintained as not to become a nuisance to the neighborhood or to
become an influence that fosters blight and deterioration or creates a disincentive
to reinvest in the community.
i)To insure owners and/or operators of rental units are responsible to take such
reasonable steps as are necessary to assure that the citizens of the City who
occupy or live by such rental units may pursue the quiet enjoyment of the normal
activities of life in surroundings that are: safe, quiet, secure and sanitary; free
from crimes and criminal activity; and free from nuisances and annoyances.
Subd. 2. With respect to rental disputes, and except as otherwise specifically provided by
the terms of this ordinance, it is not the intention of the City Council to intrude upon the fair and
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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 Ordinanceshall be subject to the following limitations:
a.Rental properties shall be inspected in 2008. Any such property which
hada valid licenseprior to April 1, 2008, and which would have
passed inspection under the previous ordinance, shall receive a provisional
licensecommencing August 15, 2008, which shall be valid for up to one yearand
each such property shall be brought into full complianceby no later than August
14, 2009. Failure to do so shall result in expiration of the license for the property
at midnight onAugust14, 2009.
b.Built-in deficiencies. Certain specific deficiencies (referred to as "built-in
deficiencies") in properties licensed prior to the effective date of this Ordinance
may be deemed to be beyond reasonable correction by the building official
and may therefore be waived from meeting certain requirements of this
Ordinance. Built-in deficiencies which will be waived will be those that the
building official finds to have been in conformance with all applicable codes
at the time the work was done and that are not causing adverse effects on the
health or safety of the occupants of the rental dwelling unit.
c.Immediate action. Nothing in this section shall prevent the building official from
taking any immediate enforcement or corrective action allowed by this Ordinance
in the event a condition exists which causes a risk of serious harm to the public
health or safety.
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 505.02: APPLICABILITY OF ORDINANCE. Every building and its premises
used in whole or in part as a home or residence, or as an accessory structure thereof, for a single
family or person, and every building used in whole or in part as a home or residence of two or
more persons or families living in separate units shall conform to the requirements of this
ordinance, irrespective of when such building may have been constructed, altered, or repaired.
This ordinance establishes minimum standards for erected dwelling units, accessory structures
and related premises.
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Dormitories located on the campus proper of the College of St. Benedict shall not come
under the provisions of this ordinance. Apartments located on the campus proper of the College
of St. Benedict and which are used exclusively as student housing shall not come under the
provisions of this ordinance. The City Council finds that the general objectives enumerated under
Section 505.01 are being met by the College of St. Benedict for the following reasons:
Subd. 1: The College of St. Benedict represents that the student residences at the College
of St. Benedict are presently inspected by different groups as well as the college's staff
frequently each year. The following is a listing of periodic inspections that would include college
housing as well as other buildings on the campus:
a)State Fire Marshal
b)Insurance Company Inspector (at least once a year)
c)The Director of Security (at minimum of once a month)
d) Security Staff of College and Monastery
e)Maintenance Staff of College and Monastery
f)Residence Assistants (live with students)
g) Faculty Residence (live with students)
h) Residence Directors (live with students)
Subd. 2: The College of St. Benedict represents that the following other precautions are
taken to protect the students in addition to the numerous inspections listed above:
a) Fire Drills in all College Buildings
b) Exit signs on an alternate electrical system
c) Buildings constructed under the latest fire codes
d) Smoke detectors installed and inspected
e) Fire extinguishers installed in convenient locations and inspected monthly
f)Instructional classes on the use of fire extinguishers
g) Classes in fire prevention
h) Sprinkling systems installed where needed
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Section 505.03: 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, dining rooms, hallways, porches or closets) and
intended for the purpose of sleeping, containing a built-in closet, egress window or door with 5.7
sq. ft. of net openable area and 70 sq. ft. in addition to the built-in closet.
Subd. 4: Building. Any structure erected for the support, shelter, or enclosure of
persons, animals, chattels, or movable property of any kind.
Subd. 5:Building code.The Minnesota State BuildingCode and optional codes
adopted by the city in Ordinance 501, as amended from time to time.
Subd. 6:Building official.The officer or other designated authority charged with the
administration and enforcement of the Building Code, or the officer's duly authorized
representative.
Subd. 7: Compliance Official.The Building Inspector and his designated agents
authorized to administer and enforce this ordinance.
Subd. 8: Dwelling. A building or portion thereof, designed or used predominantly for
residential occupancy of a continued nature, including 1 family dwellings, 2 family dwellings,
and multiple; family dwellings; but not including hotels and motels.
Subd. 9: 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. 10: Efficiency Living Unit. A room having cooking facilities used for combined
living, dining, and sleeping purposes and meeting the requirements of the Section 505.09.1,
Exception.
Subd. 11:Egress. An arrangement of exit facilities to assure a safe means of exit
from a building.
Subd. 12:Electrical code. The national electrical code, which is part of the building
code adopted by the city.
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Subd. 13:Extermination. The control and elimination of insects, rodents, or other
pests by eliminating their harborage places; by removing or making inaccessible materials that
may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized
and legal pest elimination method approved by the building official; and by the removal of all
signs of extermination thereafter.
Subd. 14: Family. Shall have the same meaning as adopted in Ordinance 502of this
Code of Ordinances.
Subd. 15:Fire code. The part of the building code adopted by the city.
Subd. 16.Floor area. The net floor area within the enclosedwalls of a room in
which the ceiling height is not less than 7 feet, excluding areas used for closets and built-in
equipment such as cabinets, kitchen units, fixtures and appliances.
Subd. 17. Flush Water Closet.A toilet, with a bowl and trap made in one piece, which is
connected to the City water and sewer system or other approved water supply and sewer system.
Subd. 18: Garbage. Putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking, and consumption of food.
Subd. 19: Habitable Building.Any building or part thereof that meets minimum
standards for use as a home or place of abode by one or more persons.
Subd. 20: Habitable Room.A room or enclosed floor space used or intended to be used
for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet
compartments, laundries, furnace rooms, unfinished basements, (those without required
ventilation, required electric outlets and required exit facilities), pantries, utility rooms of less
than 50 square feet of floor space, foyers, porches, communicating corridors, stairways, closets,
storage spaces, and workshops, hobby and recreation areas in parts of the structure below ground
level or in attics.
Subd. 21: Heated Water. Water heated to a temperature of not less than 120 degrees
Fahrenheit, or such lesser temperature required by government authority, measured at faucet
outlet.
Subd. 22:Infestation. The presence of insects, rodents, or other pests within or
around the dwelling on a premises.
Subd. 23: Kitchen.A space which contains a sink with counter working space, adequate
space for installing cooking and refrigeration equipment and adequate space for the storage of
cooking utensils.
Subd. 24:Let. To give the use of a dwelling, dwelling unit or rooming unit by an
owner, agent or manager to an occupant in return for rent.
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Subd. 25:Manager. The person who has charge, care or control of a building or part
thereof in which dwelling unit(s) or rooming unit(s) are let.
Subd. 26:Mechanical code. Part of the building code adopted by the city.
Subd. 27: Multiple family dwelling. A dwelling or portion thereof containing three or
more dwelling units.
Subd. 28:Nuisance. Nuisance is:
1.Any nuisance as defined by this Ordinanceor other provision of this code.
2.Any nuisance as defined by state or federal law or regulation.
3.Any public nuisance known at common law or in equity jurisprudence.
4.Any attractive nuisance that may prove detrimental to children whether in a
building, on the premises of a building or on an unoccupied lot, including
but not limited to any abandoned well, shaft, basement or excavation;
abandoned refrigerators and motor vehicles; any structurally unsound fences or
structures; and any lumber, trash, debris or vegetation that may prove a hazard to
children.
5.Whatever is dangerous to human life or is detrimental to health as determined by
the building official.
6.Overcrowding a room with occupants.
7.Insufficient ventilation or illumination.
8.Inadequate or unsanitary sewage or plumbing facilities.
Subd. 29: Occupant. Any person (including owner or operator) living, sleeping, cooking
and eating in dwelling unit or living and sleeping in a rooming unit.
Subd. 30: Operator. The owner or his agent who has charge, care, control, or
management of a building, or part thereof, in which dwelling units or rooming units are let.
Subd. 31: Owner. Any person, firm or corporation who, alone, jointly, or severally with
others, shall bein actual possession of, or have charge, care or control of, any dwelling, dwelling
unit, or rooming unit within the City as owner, employee, or agent of the owner, or as trustee or
guardian of the estate or person of the title holder. Any such person representing the actual
owner shall be bound to comply with the provisions of this ordinance to the same extent as the
owner.
Subd. 32: Permissible occupancy. The maximum number of persons permitted to reside
in a dwelling unit or rooming unit.
Subd. 33:Person. An individual, firm, partnership, association, corporation or joint
venture or organization of any kind.
Subd. 34: Plumbing. All of the following supplied facilities and equipment in a
dwelling: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units,
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waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths,
installed clothes washing machines, catch basins, drains, vents, and any other similar fixtures and
the installation thereof,together with all connections to water, sewer and gas lines.
Subd. 35.Plumbing Code.Part of the building code adopted by the City.
Subd. 36: Premises. A platted lot or part thereof or unplatted parcel of land, either
occupied or unoccupied by anydwelling or nondwelling structure, including such building,
accessory structure or other structure thereon.
Subd. 37: Public Hall.A hall, corridor or passageway for providing egress from a
dwelling unit to a public way and not within the exclusive control of one family.
Subd. 38: Refuse. All putrescible and nonputrescible waste solids including garbage and
rubbish.
Subd. 39Related by blood, marriage or adoption. Whole or half relationship between
persons through a common ancestor or descendantor by a relationship as husband, wife,
stepparent, stepchild, parent and legally adopted child, or foster parent and state assigned foster
child.
Subd. 40.Rent. A stated return or payment for the temporary possession of a dwelling,
dwelling unit or rooming unit. The return or payment may be money, service, property or other
valuable consideration.
Subd. 41.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 corporatelimits of the city. A rental
agent may or may not be the manager of the rental property. A rental agent shall not be a tenant
of the rental property, unless that person is a manager of an apartment building. Notices or orders
served on a rental agent shall be deemed to have been served on the owner of the property.
Subd. 42. Rental 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. 44: Rodent Harborage.Any places where rodents can live, nest, or seek shelter.
Subd. 45: Rooming Unit. Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping, but not for cooking and eating purposes.
Subd. 46: Rubbish. Nonputrescible solid wastes consisting of both combustible and
noncombustible wastes, such as paper, cardboard, tin cans, grass and shrubbery clippings, wood,
glass, brick, plaster, bedding, crockery and similar materials.
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Subd. 47: Safety. The condition of being reasonably free from danger and hazards
which may cause accidents or disease.
Subd. 48: Substandard dwelling.Any dwelling which does not conform to the minimum
standards established by City Ordinances.
Subd. 49: Supplied. Paid for, furnished by, provided by or under the control of the
owner, operator, or agent of a dwelling.
Subd. 50: Meaning of certain words.Whenever the words "dwelling", "dwelling unit",
"premises", “rental property”or "structure" are used in this ordinance, they shall be construed as
though they were following by the words "or any part thereof".
Section 505.04: LICENSING OF RENTAL UNITS.
Subd. 1. Limitation on rental properties.All rental properties located in an R-1 or R-2
Zoning District newly licensed or not covered by a valid Interim Use Permit (hereinafter
“I.U.P”). shall be allowed as described below.
a.R-1 Property. Any property which is rented in an R-1 area only allowed
through issuance of an Interim Use Permit as provided for and regulated in
Section 502.30Subd.5.
b.R-2 Property. In the R-2 zone, single-family dwellings are permitted by
issuance of a Special Use Permit as regulated in Section 502.34Subd.
3(n).
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. No rental license
shall be granted unless the applicant has met the general requirements for City approvals under
Section 104.06 of the St. Joseph Code of Ordinances.
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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 andready 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 rentalproperty 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 Councilmay 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 RentalHousing 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.
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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 yearthereafter, except as
otherwise expressly provided. No license shall be issued except upon a
satisfactory annual inspection.
(b)The building official may also inspect rental property upon receiving a complaint
from a complainant who leaves his/her name and address. Anonymous complaints
shall not be investigated.
(c)Any owner or occupant of rental property may request an advisory inspection of
the property at any reasonable time.
(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 adwelling 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.
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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;
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.No renewal of a license will be granted unless the owner has met the general
requirements for City approvals under Section 104.06 of the St. Joseph Code of Ordinances.
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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, or if the
licensed owner is not in compliance with the general requirements for City approvals under
Section 104.06 of the St. Joseph Code of Ordinances. The operating license may be subject to
suspension or revocation for the first violation, without the necessity of knowledge by the owner
or warning that the property is operated or maintained in violation of ordinance or law. In the
event that an operating license is suspended or revoked by the City Council, it shall be unlawful
for the owner or the duly authorized agent to thereafter permit any new occupancies of vacant or
thereafter vacated rental units until such time as an operating license may be restored by the City
Council.
When a rental license is revoked or suspended, the property shall be vacated as of the
effective date of the revocation or suspension and remain vacated until restoration of the license.
In the case of a suspension, restoration shall occur automatically at the end of the suspension
period. In the case of revocation, restoration of the license shall occur only after the owner of the
premises has made application for a new license, and paid a new application fee. The new
license may then be issued upon completion of the revocation period.
Every notice to vacate shall, in addition to being served, be posted at or upon each
entrance to the building, and shall be in substantially the following form:
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 shallinclude 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.
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No suspension or revocation of a rental license shall occur until the licensed owner has
been afforded an opportunity for a hearing. This hearing shall be evidentiary in nature and
conducted before the St. Joseph City Council which shall determine whether an ordinance or
statutory violation did occur, warranting revocation or suspension of the rental license. The
determination of the City Council shall be final and subject only to any rights of review or appeal
to the state courts as provided by statute. The licensed owner must affirmatively request an
evidentiary hearing by writing to be received by the City Administrator/Clerk no later than seven
days prior to the date on which the Council is to consider the violations. If request is not made,
the right to an evidentiary hearing is deemed waived and the City Council may presume the truth
and accuracy of the violations alleged and proceed to disposition at the time of the hearing.
Where the City Council determines that an Ordinance or statutory violation has occurred
warranting suspension or revocation, the rental license shall be suspended or revoked for a
period of not less than two months or more than 12 months. Execution of the suspension or
revocation may be stayed by the Council on such reasonable conditions as established by the
Council, including but not limited to, the payment of a civil penalty not to exceed $1,000.00.
Upon the completion of one half of the period of revocation or suspension imposed by the City
Council, the licensed owner may petition the City Council for early restoration of the rental
license. Upon receipt of the petition, the licensed owner's request shall be heard by the City
Council at the next regular scheduled meeting, (but at least 7 days from receipt of the request).
At that time, the City Council may order a restoration of the rental license if the licensed owner
establishes by clear and convincing evidence that one of the following two circumstances then
exist:
1)The property has been sold since the occurrence of the original violation to a party
unrelated to the original owner. The sale must be for a fair consideration,
negotiated at arm's length, and by Deed duly filed for record at the office of the
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
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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 of non-renewal or the hearing is deemed waived.
c)In the event of non-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 505.04, Subd. 13.
Section 505.05: 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. Specifically prohibited 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
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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 505.06: SPACE, OCCUPANCY ANDUSE STANDARDS
Subd. 1. Occupancy.No rental unit shall be occupied by more than the number of
persons for which the unit is approved, based on International Residential Code (IRC) or
International Building Code (IBC) requirements, which number shall be designated in
conjunction with the issuance of the rental license. In addition to that limitation, rental properties
in an R-1 or R-2 district may not be occupied by more than 3 adult persons who are unrelated by
blood, marriage, or adoption.For the purposes of this section, a “family” shall be defined as
follows:
a) A family is any number of persons living together in a room or rooms comprised
of a single housekeeping unit and related by blood, marriage, adoption, or any unrelated person
who resides therein as though a member of the family. Any group of three persons not so related
but inhabiting a single house shall, for the purposes of this Ordinance, be considered to constitute
one family.
b)With respect to any property validly licensed as a rental unit pursuant to Section
505.11 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 shallbe construed as a non-conforming use as limited by Section 502.08 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 a non-conforminguse
and the property will thereinafter be required to conform to 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 allowedpursuant to the foregoing paragraph, the burden shall be on the
proposed occupants to prove that they are related by blood, marriage or adoption. The occupants
shall provide such proof to the property owner as a condition of the rental and the property
owner shall provide such proof to the city upon request. The city shall determine the reliability of
such proof in its reasonable discretion and may require additional evidence to be submitted.
Subd. 2 No dwelling, dwelling unit or rooming unit shall be let for occupancy to another
which does not comply with the standards of this division. All rental properties shall comply
with the standards of this division and with the remainder of this Ordinance immediately upon
the effective date of this Ordinance, unless a different date or time is specified in this Ordinance.
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(1)Every habitable room shall be provided with at least one switched light and 2
duplex outlets. Every water closet compartment, bathroom, laundry room and
furnace room shall contain at least one electric light fixture and one
convenience outlet. Outlets within 6 feet of a sink or bathtub shall be Ground
Fault Interrupted (GFI) outlets.
(2)Extension cords shall be used only with portable appliances and shall not be used
as a substitute for permanent wiring. Extension cords shall be plugged directly
into an approved outlet, power tap or multi-plug adapter and shall, except for
approved multi-plug extension cords, serve only one portable appliance. The amp
capacity of the extension cord shall not be less than the rated capacity of the
portable appliance supplied by the cord and shall be grounded when serving a
grounded appliance. Extension cords shall be maintained in good condition
without splices, deterioration or damage. Extension cords and flexible cords shall
not be attached to the structure, extend through walls, ceilings, or floors or under
doors or floor coverings, or be subject to environmental or physical damage.
(3)A clear and unobstructed means of access with a minimum width of 30 inches,
a minimum height of 78 inches, and a distance of 30 inches in front shall be
maintained from the operating face of an electrical service panel, meter or
switchboard. Occupants shall at all times have free access to the service panel
for their dwelling unit. All exposed wiring must be secured by approved methods.
All electrical boxes must have cover plates and the cover plates must not be
cracked or broken. Outlets must meet the requirements of theNational 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
ontoa public way or a yard or court located on the same lot as the building.
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Subd. 4. Fire protection.
(a)General. All buildings or portions thereof shall be provided with the degree of fire
resistive construction, fire warning devices and fire extinguishing devices as
provided by this Ordinance, the Minnesota Building and Fire Codes.
(b)Smoke detectors. Smoke detectors shall be installed as required by this
Ordinance. A minimum of one detector shall be located in the basement and each
story. A detector shall be located outside of bedrooms and in each bedroom. The
building official may require additional smoke detectors where additional
protection may be required.
The occupant of a rental unit shall notify the owner or manager of the unit within
24 hours of discovering that a detector is not functioning. The owner or manager
shall take immediate action to render the detector operational or replace it.
Any occupant, owner or manager of a rental unit who willfully disables a
smoke detectoror 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 1OBC. The extinguisher shall be located within the
individual dwelling unit or in a common hallway or corridor within 3O 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 extinguisherand 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 buildingsshall be subject to the Uniform Fire Code.
Section 505.07RESPONSIBILITIES OF OWNERS AND OCCUPANTS:
Subd. 1:Maintenance of Shared or Public Areas. Every owner of a dwelling containing
two or more dwelling units shall maintain in a clean and sanitary condition the shared or public
areas of the dwelling and premises thereof.
Subd. 2:Maintenance of Occupied Areas. Every occupant of a dwelling, dwelling unit
or rooming unit shall maintain in a clean and sanitary condition that part or those parts of the
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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/herrubbish 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 adwelling; 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 ofSt. Joseph and amendments thereto.
Subd. 5:Responsibility for Storage and Disposal of Garbage and Rubbish.
a)Every owner of rental dwellings shall supply facilities for the sanitary and safe
storage and/or disposal for rubbish and garbage. In the case of all other
dwellings, it shall be to the other responsibility of the occupant to furnish such
facilities.
b)The provisions of Ordinances 1007 and 1008 of this Code relative to weed and
brush control, and garbage and rubbish disposal, shall apply to all residential
rental property and be enforceable against both the owner and occupant of the
property.
Subd. 6:Responsibility for Storm and Screen Doors and Windows. The owner of a
rental dwelling unit shall be responsible for providing and hangingall 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. Everyoccupant 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/herdwelling 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 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.
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Subd. 9:Rodent Harborages Prohibited in Public Areas. No owner of a dwelling
containing two or more dwelling units shall accumulate or permitthe accumulation of boxes,
lumber, scrap metal, or any other similar materials in such a manner that may provide a rodent
harborage in or about shared or public areas of a dwelling or its premises. Materials stored by the
owner or permitted to be stored by the owner shall be stacked neatly in piles.
Subd. 10:Prevention of Food for Rodents. No owner or occupant of a dwelling or
dwelling unit shall store, place or allow to accumulate any materials that may serve as food for
rodents in a site accessible to rodents.
Subd. 11:Sanitary Maintenance of Fixtures and Facilities. Every occupant of a dwelling
unit shall keep all supplied fixtures and facilities therein in a clean and sanitary condition and
shall be responsible for the exercise of reasonable care in the proper use and operation thereof.
Subd. 12:Removal of Snow and Ice. The owner of a multiple family dwelling or
dwellings shall be responsible for the removal of snow and ice from parking lots, driveways,
steps and walkways on the premises. Individual snowfalls of three inches or more, or successive
snowfalls accumulating to a depth of three inches, shall be removed from parking lots and
driveways within 24 hours after cessation of the snowfall. Individual snowfalls of one inch or
more, or successive snowfalls accumulating to a depth of one inch, shall be removed from steps
and walkways within eight hours after cessation of the snowfall.
Subd. 13:Minimum Exterior Lighting. The owner of a multiple family dwelling or
dwellings shall be responsible for providing and maintaining effective illumination in all exterior
parking lots and walkways.
Subd. 14:Maintenance of Driving and Parking Areas. The owner of a multiple dwelling
or other rental property shall be responsible for providing and maintaining in good condition
parking areas and driveways for tenants as mandated by the provisions of Section 502.10of 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 this
Ordinance.
Section 505.08: 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
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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 witheasily cleanable surfaces, shall be connected to an approved water system that at
all times provides an adequate amount of running water under pressure to cause the water closet
to be operated properly, and shall be connected to an approved sewer system.
Subd. 3: Lavatory Sink. Within every dwelling unit there shall be a lavatory sinkwhich
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 shallbe located in close proximity to
the door leading directly into the room in which said water closet is located. The lavatory sink
shall be in good working condition and shall be properly connected to an approved water supply
system and shall provide at all times an adequate amount of heated and unheated running water
under pressure, and shall be connected to an approved sewer.
Subd. 4: Bathtub or Shower. Within every dwelling unit there shall be a nonhabitable
room which is equipped with a bathtub or shower in good working condition. In a rental
dwelling unit, such room shall have an entrance door which affords privacy. Said bathtub or
shower may be in the same room as the flush water closet, or in another room and shall be
properly connected to an approved water supply system and shall provide at all times an
adequate amount of heated and unheated water under pressure, and shall be connected to an
approved sewer system.
Subd. 5: Stairways, Porches, Balconies, Handrails, and Guards. Every stairway, inside
or outside of a dwelling and every porch,balcony, or deck shall be kept in safe condition and
sound repair. Every stairwell and every flight of stairs which is more than four risers high shall
have handrails approximately 34 to 38inches high, measured vertically from the nose of the stair
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tread to the top of the handrail. Every porch, balcony, deck or raised surface which is more than
30 inches above the adjacent floor or grade shall have a guard which measures 36 inches
minimum above the floor of theporch, balcony, deck or raised surface to the top of the rail.
Intermediates of the guard shall be vertical and spaced such that a 4 inches sphere cannot pass
between. Every handrail, guardand balustrade shall be firmly fastened and maintained in good
condition. No flight of stairs shall have settled out of its intended position or have pulled away
from the supporting or adjacent structures enough to cause a hazard. Excepting spiral and
winding stairways, the treads and risers of every flight of stairs shall be uniform in width and
height. Stairways shall be capable of supporting a live load of 100 pounds per square foot of
horizontal projection.The conditions set forth in this Subd. 5 are not considered built-in
deficiencies.
Subd. 6:Door Locks.No owner shall occupy nor let to another for occupancy any
dwelling or dwelling unit unless all exterior doors of the dwelling or dwelling unit are equipped
with safe, functioning locking devices. Multiple family dwellings shall be furnished with door
locks as follows:
a)For the purposes of providing a reasonable amount of safety and general welfare
for persons occupying multiple family dwellings constructed after May 5, 1969,
an approved security system shall be maintained for each multiple family building
to control access. The security system shall consist of locked building entrance or
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 505.09: MINIMUM STANDARDS FOR LIGHT AND VENTILATION. No
person shalloccupy 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 requirementfor
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habitable rooms contained in Section 505.06.1, except that no windows shall be required if such
rooms are equipped with a ventilation system which is approved by the Compliance Official.
Subd. 3: Electrical Equipment. All electrical equipment, wiring and appliances shall be
installed and maintained in a safe manner in accordance with all applicable laws. All electrical
equipment shall be of an approved type.
Where there is electrical power available within 300 feet of the premises of any building,
such building shall be connected to such electrical power. Every habitable room shall contain at
least two supplied electric convenience outlets or one such convenience outlet and one supplied
electric fixture. Every water closet compartment, bathroom, furnace room, laundry room, and
public hallway shall contain at least one supplied electric light fixture.
Section 505.10: 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 505.11: 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 whichmight 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 inthe 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
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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 505.06, Subd. 1shall be supplied
with 16 mesh screens during the insect season.
Subd. 3: Floors, Interior Walls and Ceilings. Every floor, interior wall, and ceiling shall
be adequately protected against the passage and harborage of vermin and rodents, and shall be
kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or
rotted flooring materials. Every interior wall and ceiling shall be free of holes and large cracks
and loose plaster and shall be maintained in a tight weatherproof condition. Toxic paint and
materials with a lasting toxic effect shall not be used. Every toilet room and bathroom floor
surface shall be capable of being easily maintained in a clean and sanitary condition.
Subd. 4: Rodent Proof. Every dwelling and accessorystructure 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 berodent 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 agenton 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 adwelling shall be structurally sound, and be
maintained in good repair and appearance. The exterior of such structures shall be made weather
resistance through the use of decay resistant materials such as paint or other preservatives.
Subd. 7: Safe Building Elements. Every foundation, roof, floor, exterior and interior
walls, ceilings, inside and outside stair, every porch and balcony, and every appurtenance
thereto, shall be safe to use and capable of supporting loads that normal use may cause to be
placed thereon.
Subd. 8: Facilities to Function. Every supplied facility, piece of equipment or utility,
required under City Ordinances and every chimney and flue shall be installed and maintained
and shall function effectively in a safe, sound and working condition.
Subd. 9: Grading and Drainage. During the period May through October, every yard,
court, passageway, and other portions in the premises on which a dwelling stands shall be graded
and drained so as to be free of standing water that constitutes a detriment to health and safety.
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Subd. 10: Yard Cover. Every yard on a premise on which a dwelling stands shall be
provided with lawn or combined lawn cover of vegetation, gardens, hedges, shrubbery, and
related decorative materials and such yards shall be maintained consistent with prevailing
community standards. Motor vehicles may not be left parked or unattended on or within a yard.
Grass shall be maintained so not to exceed a height of 6 inches.
Subd. 11: Discontinuance of Service or Facilities. No owner, operator, or occupant shall
cause any service, facility, equipment or utility which is required under this ordinance, to be
removed from or shut off from or discontinued for any occupied dwelling or dwelling unit let or
occupied by him, except for such temporary interruptions as may be necessary while actual
repairs or alterations are in process, or during temporary emergencies.
Subd. 12: Building identification. Every building shall have the assigned street number(s)
displayed on the building in such a position as to be plainly visible and legible from the street
fronting the property and as otherwise required by this code.
Subd. 13. Motor vehicles. No inoperable or unlicensed motor vehicle or “abandoned
vehicle” as defined in Ordinance1008.02, Subd. 1, or “junk vehicle” as defined in Ordinance
1008.02, 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 hatchways. Every basement hatchway shall be maintained to prevent
the entrance of rodents, rain and surface drainage water.
Section 505.12: MAXIMUM DENSITY, MINIMUM SPACE, USE AND LOCATION
REQUIREMENTS. No person shall occupy nor permit or let to be occupied any dwelling or
dwelling unit for the purpose of living therein, which does not comply with the following
requirements:
Subd. 1: Permissible Occupancy of Dwelling Unit. Every dwelling unit shall have at
least one room which shall have not less than 150 squarefeet 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.
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EXCEPTION: Nothing in this Section shall prohibit the use of an efficiency living unit within an
apartment house meeting the following requirements:
a)The unit shall have a living room of not less than 220 square feet of superficial
floor area. An additional 100 square feet of superficial floor area shall be provided
for each occupant of such unit in excess of two.
b)The unit shall be provided with a separate closet.
c)The unit shall be provided with a kitchen sink,cooking appliance and
refrigeration facilities, each having a clear working space of not less than 30
inches in front. Light and ventilation conforming to this Code shall be provided.
d)The unit shall be provided with a separate bathroom containing a water closet,
lavatory, bathtub or shower.
Subd. 2: Minimum Ceiling Height. In order to qualify as habitable, rooms shall have
clear ceiling height of not less than 7feet, except that in attics or top half stories used for
sleeping, study, or similar activities, the ceiling height shall be not less than 7feet 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 inthis Ordinance.
Subd. 3: Access through Sleeping Rooms and Bathrooms. No dwelling unit containing
two or more sleeping rooms shall have a room arrangement such that access to a bathroom or
water closet compartment intended for use by occupants of more than one sleeping room can be
gained only by going through another sleeping room. A bathroom or water closet compartment
shall not be used as the only passageways to any habitable room, hall, basement or cellar or the
exterior of any dwelling unit.
Section 505.13PARKING. The building official shall inspect and approve specific
parking spaces for each rental property which is subject to this section and the approved spaces
shall be designated in conjunction with the rental license. The owner and occupants of the
property shall not allow parking anywhere other than on approved parking spaces.
a.Location. Parking spaces shall be located in a garage or on approved driveway
surfaces which lead to a garage or a side yard. Vehicles shall not be parked on
grass, dirt, in front yards, backyards, or in any other location which is not an
approved parking space and which does not adhere to these standards.
b.Parking Surface Standards. Each parking space shall be constructed and
maintained in good condition witha uniform hard surface of concrete, asphalt,
minimum of six inches of Class 5 compacted gravel, or similar surfaces
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specifically approved by the building official and City Engineer. Those parking
spaces accessed from hard surfaced street or alley must be hard surface of asphalt
or concrete for a distance of not less than ten feet.
c.Enforcement. Property owners are 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.
d.Time for compliance. Any licensed rental property in existence at the time of
adoption of this Ordinance which cannot readily provide parking spaces as
required by this code may request permission from the building official for time
to come into compliance with those subsections, whichmay 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 505.14. 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 ishereby deemed disorderly and which is in violation of
any of the following statutes or ordinances:
1.St. Joseph Ordinance 1002-1, 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
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administrator when any such charges are brought against a tenant or guest unless
prohibited from doing so by law.
Section 505.15: 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 hasbeen 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 doesnot 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 505.16: COMPLIANCE ORDER.
Subd. 1: Issuance. Whenever the Compliance Official determines that any dwelling,
dwelling unit, or rooming unit, or the premises surrounding any of these, fails to meet the
provisions of this Ordinance, he may issue a Compliance Order setting forth the violations of the
Ordinance and ordering the owner, occupant, operator or agent to correct such violation. This
Compliance Order shall:
a)Be in writing.
b)Describe the location and nature of the violations of this Ordinance.
c)Establish a reasonable time for the correction of such violation and notify of
appeal recourse.
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d)Be served upon the owner or hisagent 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
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
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CHAPTER V –BUILDING, LAND USE & REGULATIONS
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 505.17: 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 505.18: 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 provisionof 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 505.19: 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 othersection, provision or part thereof.
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