HomeMy WebLinkAboutOrdinance 505 Housing, Maintenance and RentalCHAPTER V – BUILDING, LAND USE & REGULATIONS
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ORDINANCE 505 HOUSING, MAINTENANCE AND RENTAL ORDINANCE ............. 505-1
Section 505.01: PURPOSE AND SCOPE ...................................................................... 505-1
Section 505.02: APPLICABILITY AND EXCEPTIONS .............................................. 505-2
Section 505.03: DEFINITIONS...................................................................................... 505-2
Section 505.04: LICENSING OF RENTAL UNITS ...................................................... 505-6
Section 505.05: UNSAFE STRUCTURES, EQUIPMENT AND USE ......................... 505-9
Section 505.06: SPACE, OCCUPANCY AND USE STANDARDS .......................... 505-10
Section 505.07: GENERAL REQUIREMENTS .......................................................... 505-16
Section 505.08: ENFORCEMENT AND INSPECTION AUTHORITY..................... 505-19
Section 505.09: DISPLAY OF LICENSE .................................................................... 505-19
Section 505.10: INSPECTION; RIGHT OF ENTRY .................................................. 505-19
Section 505.11: APPLICABLE LAWS ........................................................................ 505-19
Section 505.12: PENALTY, VIOLATIONS AND TERMINATION OF RENTAL
LICENSE ....................................................................................................................... 505-19
Section 505.13: LICENSING AND REGULATIONS OF SHORT – TERM RENTAL
(STR) UNITS ................................................................................................................. 505-22
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ORDINANCE 505 HOUSING, MAINTENANCE AND RENTAL ORDINANCE
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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.
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.
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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.
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.
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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.
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.
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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,
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.
Owner-occupied housing. Housing that is the principal residence of the listed owner of
the property. Principal residence refers to a dwelling that the owner occupies for 183 days
or more in a calendar year.
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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,
including their accessory structures, appurtenances and common areas.
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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.
Short-term rentals (STR). Any home, cabin, condominium, or similar building that is
advertised as, or held out to be, a place where sleeping quarters are furnished to the
public on a nightly, weekly, or for less than a 27-day time period and is not a bed and
breakfast, resort, hotel, or motel.
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.
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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.
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.
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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.
Subd. 6: Registration/License Term and Renewal. All rental licenses shall expire on
August 1st 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
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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
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
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chair lifts, or building services which constitute a fire, electrical, or health hazard
or otherwise dangerous to human life.
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
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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 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.
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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
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
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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.
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,
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public corridor, exit passageway, or exit stair enclosure which provides access to
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.
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3. The maximum height from the floor to window sill opening shall not
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.
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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.
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
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capable of supporting the imposed loads.
b) All above grade exterior walls shall be free from holes, breaks, and loose or
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.
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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
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.
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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
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) One or more violations of any rules, codes, statutes or ordinances related to,
pertaining to, or governing the license or use of the premises, including but not
limited to, violations of Chapter 10 Nuisance and Offenses of the City Code on
the licensed property. The City Council may consider the severity and number of
violations originating on the property when determining the appropriate
suspension period or termination.
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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.
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.
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. 6. 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. 7. Request for Hearing. If a hearing is desired by the licensee, the licensed owner
must affirmatively request an evidentiary hearing in writing within 10 days, to be received by the
City Administrator. If such written notice is received by the City Administrator, the City shall
set a time for such hearing within 30 days 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. 8. 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 new license
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fee and passed a property maintenance inspection. The new license may then be issued upon
completion of the revocation period.
Section 505.13: LICENSING AND REGULATIONS OF SHORT—TERM RENTAL
(STR) UNITS
Subd. 1. License and Registration Required. No person shall operate a STR in the city for
which a written application for a license has not been properly made and filed with the city and a
valid license has not been obtained from the city.
Subd. 2. Application for STR License. A license fee for each STR shall be due at the time
of the initial and/or renewal application as determined by the City of St. Joseph Fee Schedule.
The license application shall be on a form prescribed by the city and shall include all required
information.
Subd. 3. 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) Owner shall include two emergency contact numbers with names. These numbers
should be available at any time should emergency or issues with the STR arise.
b) Street address of the STR property and the number of dwellings, and the number of
bedrooms in each dwelling unit.
c) The number of paved off-street parking spaces available.
d) The STR license shall be displayed at the exterior of the front entrance of the STR
unit. Emergency contacts shall be posted with the license and include names and
phone numbers of two emergency contacts. A good neighbor guide shall also be
displayed in the interior by the front entrance and shall highlight relevant expectations
and standards of the STR unit tied to: noise regulations, nuisance regulations, parking
regulations, occupancy regulations, trash and cleanliness regulations.
e) Additional information as deemed necessary by the city.
Subd. 4. Registration/License Term and Renewal. All STR licenses shall expire on
August 1st of each year. An owner who is operating a STR property after the license has expired
is operating an unlicensed STR 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 STR renewal registration and license shall be applied for at least 30
days prior to expiration of the license.
Subd. 5. Inspections. All STR properties are required to be licensed pursuant to the
provisions of this Ordinance, and will be inspected by the Code Official as follows:
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a) License Issuance. No license shall be issued under this Ordinance unless the STR
conforms to the Ordinances of the City of ST. Joseph and the laws of the State of
Minnesota. An inspection of the STR unit shall be conducted and verified by the
Code Official prior to issuance of the license and renewal 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 holders of a STR 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
owner of the STR 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
Ordinance. If any owner refuses to permit or schedule free access and entry to the
structure or premise under their control for such inspection or refuses to be present
during any such inspection when required by the Code Official, the application for a
new or renewal STR 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 STR unity 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.
c) All STR units will be inspected in accordance to the standard rental license checklist
and code requirements.
Subd. 6. Collection of Lodging Tax. All STR units shall pay the City of St. Joseph
lodging tax. Collection of the lodging tax shall include:
a) The owner of the STR submitting receipts to the city which document the days the
STR was rented over a quarterly period and include the applicable submission of the
lodging tax to the city.
b) Quarterly periods are defined as January to the end of March (Quarter 1), April to the
end of June (Quarter 2), July to the end of September (Quarter 3), and October to the
end of December (Quarter 4).
Subd. 7. Space, Occupancy and Use Standards. Any STR 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,
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equipment or use. Failure to comply with any of these standards and conditions shall be adequate
grounds for denial, refusal to renew, revocations or suspension of a rental license.
a) Owner-occupied. All STR units that are located in an AG, RR, R-1, R-2, or R-4
zoning district shall be owner-occupied. STR units in Commercial zoned districts are
not required to be owner-occupied.
b) Space and Occupancy. No STR 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.
c) 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.
d) 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.
e) Width. No habitable room other than a kitchen shall be less than seven (7) feet in any
dimension.
Subd. 8. License Suspension, Revocation, Denial, and Fines
a) Suspension. The city may suspend the license of a STR upon documentation and
written notification to the owner of the listed violations, and reasons for the
suspension.
b) Revocation. If a license holder fails to correct a violation or receives three (3)
violations within any twelve (12) month period, the STR license will be revoked upon
approval by the City Council. Notice shall be provided to the owner of the STR to
inform the owner of the revocation and inform of the right to appeal the decision of
the City Council.
c) Denials. The city may deny the issuance of or renewal of a STR license for the
following reasons:
1. The applicant fails to provide any information required on the city’s form(s),
or provides false or misleading information;
2. The STR unit fails a property inspection;
3. The applicant has outstanding building, fire, or property maintenance
standards violations, fines, penalties, real estate taxes, special assessments
levied against the property or delinquent utility charges owed to the city.
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d) Fines. Fines shall be applied pursuant to the city’s Fee Schedule and Administrative
Citation process.
e) Appeals. The owner may appeal a suspension, revocation, or denial of the STR
license in accordance with Section 505.12, Subd. 8.
Subd. 9. Zoning. STRs are allowed as a Conditional Use in the AG, RR, R-1, R-2, and R-
4 zoning districts and in the B-1 and B-2 districts if the STR is the sole use of the property. STRs
are a permitted use in the B-1 and B-2 zoning districts if the STR is secondary to the principal
Commercial Use. All STRs are required to obtain a STR license as outlined in this Ordinance.