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Home My WebLink About2.A. Multiple Unrelated Residents in SFR-Dwelling Units ).A. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Zoning IssueslBuilding Inclusive Communities Publication DATE: June 9, 2003 COMMENT Introduction: The League of Minnesota Cities recently distributed a booklet entitled Building Inclusive Communities-An Action Guide for Citv Leaders. This is a report authored by the LMC Cultural Diversity Task Force. The Action Guide addresses diversity issues which are becoming more and more commonplace in Minnesota cities of all sizes, including language differences, public safety, housing, and economic development. Many of these are issues that result from the increase in numbers of people born on foreign soils who have chosen to live in Minnesota. For example, the number of Minnesota residents who identified themselves as "ethnic" more than doubled during the 1990's, from 274,000 to 582,000. An Executive Summary is attached (on the table). The entire booklet is available for anyone desiring to read it; please contact me if you are interested. Housing Issues: I have included some paragraphs that appear to be relevant to the discussion of housing and code enforcement. These paragraphs indicate that care must be taken in the contents of the city's ordinances: " ..... zoning ordinances often define the number of unrelated individuals who can live in a "single family" home. Such ordinances are often predicated on the average American family size and do not consider the fact that some ethnic cultures view "family" as including members of the same tribe or geographic area. Many of these ordinances may actually have been put in place to discourage large groups of college students from living together, in which case such a policy may simply have unintended consequences on ethnic populations. In evaluating ordinances like these, cities should balance the needs and preferences of ethnic populations with legitimate public safety concerns." (Page 8) "In regard to examination of city policies and programs, it is important to look for instances of intentional and unintentional racism, and to analyze the impacts on each individual population, not just the collective whole. For example, residential zoning requirements are often designed with the average white family household size in mind. For many ethnic populations, the average size household is larger, not only due to a higher average number of children per household, but also the desire to live with and take care of extended family members. The result is much greater difficulty for these ethnic populations in finding housing than they can afford and that meets their needs. " (Page 24) "City ordinances, particularly zoning ordinances, can help or hinder the ability of ethnic populations to access affordable, quality housing and can also influence the segregation of people for different ethnicities. Cities may want to review these ordinances to determine if they are truly related to health, safety, and welfare or if they can be changed to better accommodate people of ethnic populations. For example, if occupancy regulations are cited as necessary because of concerns related to parking, cities may want to revise or eliminate occupancy restrictions and focus on the parking concerns specifically. Another area where cities can address the housing needs of ethnic populations is through education. Cities can educate residents on their rights as rents and homeowners, as well as commensurate responsibilities......." (Page 38) If there are questions or comments, please contact me. Mark McNeill City Administrator MM/js - ~ ~ BUILDING INCLUSIVE COMMUNITIES An Action Guide for City Leaders League of Minnesota Cities' Cultural Diversity Task Force EXECUTIVE SUMMARY CULTURAL DIVERSITY TASK FORCE Minnesota has for centuries been home to people of widely varied cultural Chair heritages. While today the differences between people of Norwegian and Les Heitke Irish and Czech descent may not seem so stark, each group of new arrivals LMC Past President Mayor, City of Wmmar to Minnesota has been seen as different and many have felt unwelcome. Members Today's new Minnesotans often have a similar experience. Roger Banks Research Analyst Specialist The cultural composition of Minnesota's 853 cities has changed significantly Councii for Black Minnesotans Curt Boganey over the past decade. According to the 2000 Census data, the percentage of Assistant City Manager City of Brooklyn Center Minnesotans of African, Asian-Pacific, and Latino descent-as well as new Joan Campbell immigrants from the former Soviet Union and other regions-increased Former City (ounei/member City of Minneapolis 119 percent between 1990 and 2000. More than 100 cities experienced Bob Demuth more than 100 percent growth in these "ethnic populations." Projections from Mayor, City of Worthington Kathy Farris the U.S. Census Bureau and the Minnesota State Demographer's office are Human Services Planner/Coordinator City of Richfield for Minnesota cities to continue to become more multicultural in the future. Therese Gales Director of Education, Refugee ond In response to the release of the 2000 Census data, as well as his own Immigrant Program Minnesota Advocates for Human Rights community's decade of demographic change, Willmar Mayor Les Heitke, the Jack Geller President, Center for Rural Policy 2001-02 president of the League of Minnesota Cities, initiated the Building Development Inclusive Communities effort. Mayor Heitke's goal was to provide all Min- Minnesota State University-Mankato Vivian Hart nesota cities with the information they need to begin building communities Counci/member, City of West SI. Poul that are welcoming and inclusive of all people-no matter how long they Kao Ly lIean Her Execuave o;rector have been Minnesotans, no matter the color of their skin, no matter if they Council on Asian-Pacific Minnesotans Mario Hernandez have yet become fluent in English. Rural Liaison Chicano Latino Affairs Counci! The Building Inclusive Communities Action Guide is the result of Mayor Dan Hoxworth President, Neighborhood House Heitke's inspiration and leadership, and the hard work and dedication of the Don Rasmussen League's Cultural Diversity Task Force made up of city officials, academics, Mayor, City of Long Prairie Jean Soine and leaders of organizations that represent and serve Minnesota's ethnic Counci/member, City of Paynesville populations. The League Board of Directors also unanimously endorsed this David B. Zander Research Anaiyst action guide and directed League staff to seek funding for continuation of Council on Asian-Pacific Minnesotans the Building Inclusive Communities effort. LMC Staff Mary-Margaret Zindren A companion document being researched and developed by the Center for Director of Communications & Strategic Initiatives Rural Policy and Development for release in Spring 2003 will also focus on Kevin Frazell Director of Member Services building inclusive communities. The document will highlight programs and Stephanie Lake approaches being implemented by cities throughout Minnesota and the Public Relations Coordinator Lourdes Sanchez nation that seem to be effective and that can be modeled. Marketing Coordinator Eric Willette Policy Research Manager LEAGUE OF MINNESOTA CITIES -.------.--- -- " BUILDING INCLUSIVE COMMUNITIES: AN ACTION GUIDE FOR CITY LEADERS , IIWe hope this action guide prompts you to explore how you personally and how your city government as a whole can embrace this change and actively work to become an inclusive community." League of lvlil1Jlf1sota Cities Cities pmnwting 'lxcelfallce League of Minnesota Cities 145 University Avenue West Saint Paul, Minnesota 55103-2044 TEL 651 281 1200 800 925 1122 TDD 651 281 1290 FAX 651 281 1299 WEB www.lmnc.org - ~ ----- Kennedy 470 Pillsbury Center c2.A. 200 South Sixth Street Minneapolis MN 55402 .. (612) 337-9300 telephone .. (612) 337-9310 fax . C H ART ERE 0 http://www.kennedy-graven.com PAULA A. CALLIES Attorney at Law Direct Dial (612) 337-9213 e-mail: pcallies@kennedy-graven.com MEMORANDUM DATE: ~/Iay 8, 2003 TO: Mark McNeill FROM: Paula Callies RE: Code Enforcement - Housing Occupancy Issues You have asked that I review the current city code and outline alternatives to address the concerns expressed regarding neighborhood parking problems and what appears to be an excessive number of persons living in dwellings. Housing Regulations. The Shakopee City Code already has some restrictions with regard to the number of persons who may live in a dwelling. Shakopee City Code S11.02(40) defines "family" as any number of individuals related by blood, marriage, or adoption, or up to four individuals not so related living together as a single housekeeping unit." Based on decisions of the U. S. Supreme Court, this definition of "family" is lawful. The Court has recognized that in order to have a "single-family" zoning district, it is necessary to define "family". Shakopee's definition of family is nearly identical to that of other cities' ordinances that the Supreme Court has found constitutional. It would not be appropriate to amend Shakopee's city code definition of "family" to try to limit the number, or type of relatives who may live together in a home. In Moore v. City of East Cleveland, 431 U.S. 494 (1977), the U.S. Supreme Court expressed great concern of a government's attempts to interfere with choices concerning family living arrangements. The Court held that local ordinance definitions of a family that arbitrarily select certain categories of relatives who may live together and declare that others may not are unconstitutional. There has been a long history of extended families living together in households because of kinship, or in times of personal adversity in the United States and the Court held that the diversity of family composition should be protected. City ordinances must also comply with the Federal Fair Housing Act ("FHA") and Amendments, 42 U.S.C.A. SS3601-3631 and not discriminate with regard to housing regulations on the basis of handicap, race and familial status (families with children). Cities are required to make "reasonable accommodations" in its generally applicable zoning regulations when necessary to give these protected classes "equal oPJ;'ortunity to use and enjoy a dwelling." Oxford House-C v. City of St. Louis, 77 F.3rd 249, 251 (8 Cir.1996). For example, a city cannot simply prohibit all group homes PAC-230985v2 SH155-23 from a single family residential zone because they exceed the number of unrelated residents normally allowed in a dwelling. This rule has been codified in Minnesota statute ~245A.ll, which requires that residential programs be permitted in single-family zones. The City of Shakopee's ordinances do comply with the statutory requirements. Although the city's zoning ordinance is lawful, enforcement of the regulations is a separate issue. In order to comply with the FHA, the ordinances must be applied fairly and the city must exercise care not to single out only certain groups for inspection and enforcement of its ordinances. In Oxford House-C v. City of St. Louis, 77 F.3d 249 (8th Cir. 1996), the Oxford Houses residential facilities sued under the FHA claiming that the City unlawfully singled them out for zoning inspections and enforcement proceedings because of the handicap (chemical dependency) of their residents. The lower court initially found that the City had violated the FHA, although this decision was subsequently reversed on appeal by the Eight Circuit Court of Appeals. Even though the lawsuit against the City was eventually dismjssed, it does ilhlstrate the potential risk of litigation for clai,,'ns of this type. The Fair Housing Act does not apply to building code ordinances that limit the maximum number of occupants per dwelling, typically in relation to available floor space or the number of rooms available. Maximum occupancy regulations are different from land use regulations that define "family", as discussed above. The purpose of maximum occupancy regulations is to protect the pubic health and safety by preventing overcrowding, not to preserve the residential character of neighborhoods. Some cities have adopted housing inspection programs as a means of enforcing building code compliance and housing maintenance. It appears that most cities that have adopted formal housing inspection programs do so within the context of rental housing and licensing procedures. A formal inspection program significantly reduces the potential for someone to claim that they are being singled out for enforcement, because the program affects all rental housing. Other than rental properties, housing tends to be inspected at "point of sale" or on a complaint basis. A few cities have considered adopting a broader inspection of all housing, but we are not aware of any cities that actually have done so. Note that it is necessary to obtain permission of the property owner before conducting an inspection of a person's home, or to obtain an administrative search warrant if the owner refuses to give consent. The requirement of obtaining a warrant was recently affirmed by the Minnesota Court of Appeals inthe case Cardillal Estates v. City of Morns, 2003 WL 1875487 (l....in. Ct. App., April 15, 2003). The Court in the Cardinal Estates case also recognized the City's public safety interest in enforcing minimum building standards by routine, periodic inspections. Enclosed for your information are examples of rental inspection ordinances from the cities of New Brighton and Crystal. Parking Problems. One of the concerns raised by some residents is overcrowded street parking conditions and blocking of mailboxes. Because the city zoning regulations alloW' any number of related family members to live within a dwelling, determining the relationship of the persons who live in a particular house may not necessarily help to alleviate parking problems. Shakopee does have on-street parking restrictions that are imposed from November 1 to March 31. The City could choose to implement PAC-230985v2 SH155-23 regulations all year round, by posting parking time limits, or painting the curbs in accordance with city code section 7.03, to mark where cars should not be parked. Conclusion. The City's existing city code section defining "family" is constitutional and the city's zoning district regulations comply with the Fair Housing Act. Cities cannot define "family" in a manner that would prohibit extended family members residing together. Inspection and enforcement of the city's zoning regulations must be carried out in a non-discriminatory manner. Neighborhood parking problems could be addressed by imposing parking limits and marking no-parking areas. PAC-230985v2 SH155-23 Jun-05-03 16: 13 From-Kennedy & Graven +6123379310 T-030 P.002 F-868 "--J City Co<;le Chapter 13 . Housing Article 1. General Conditions, ~~ 13-1-13-29 Artid~ 2. Minimum Standards, 9~ 13-30-13-153 Division 1. E.-crerior Properry Areas. ff 13-23-13-43 Division 2. Exterior of StrLlcru.res, sf 13-44--13-54 Division 3. Interior Strucrures, ff 13-55--13-69 Division 4. Basic Facilities. sf 13-70-13-85 Division 5. Installation and Maintenance, H 13-86--13-98 Division 6. Light and Ventilation. so9 13-99-13-113 Division 7. Fire Safer;, ff i3-1l4--3-124 Division 8. Occupcrnt's Responsibilities. ff 13-125-1'3-135 Division 9. Rooming Houses. H 13-136--13-153 Article 3. Licenses, g~ 13-154---13-165 Article 1. Gener:ll Conditions . Sec. 13-1. Scope of Ch~ptel". Every portion of a building or premises used or intended to be used for residential purposes shall comply (::~ '. with the provisions ofmis Ch:lpter irrespective of when the building was constrUcted. altered, or repaired. ...;, ~::." Anyahera:tions or changes of use which may be caused directly or indirectly by the enforcement of this Code sh311 be done i:c. accordance "v:i:t:h ~pplic3.ble sections of the Building Code and Zoning Code. ReS! homes, convalescent homes, nursing homes, hotels, and motels shall be exempted from compliance ~th iliis Chaprer. (Code 1966; Ord. No. 301, 6-13-72; Code of 1988; Code of2001) Sec. 13-1.1. Assurance (If Rental Housing. It is the purpose ~f this Chapter to assure that rental housing in the City is decent, :;aIe and sanitary and is so operated and IIl<-untain~d as not to become a nuisauce to the neighborhood or ro become an. influence that fosters blight and deterioration or cre:ltes .J. disincentive to remvesrmem: in the cOlnmunity. The operation of rental residential properties is a business enterprise that entails cena:in responsibilities. Operators are responsible to take such reasonable steps as are necessary to assure thai: the citizens who occupy the units may pursue the qUiet enjoyment of the IlOnnal activities of life in surrotmdings that are: safe, secure and sa.ni~ free from crimes :met criminal activity, noise, nuisances or annoyances; free from unreasonable fears :lbout safety ofper~ons and security of property; and suirable for r:rising children. (Ord. No. 679,1- 13-01) Sec. 13-2. Pre-E:cisting Dwellings and Multiple Dwellings. This Chapter eSiablishes minimum standards for the initial and continued occupancy of all baildings and does not replace or modiiy standards otherwise established for the consmlcnon, repair, aJ:teratioJl, or use o~ buildillg equipment or facilities. (Code 1966; Ord. No. 301,6-13-72; Code of 1988; Code of2001) 13-1 Jun-05-03 16: 15 From-Kennedy & Graven +6123379310 T-030 P,003/048 F-868 Sec. 13-3. Definitions. " Terms not defined in this Section shall be as defined in the Building Code or Zoning Code. Further, tenns not defuled in this Section nor in the Building Code or Zoning Code shall have the ordinary and accepted :me3Dings as the cont~'t shall require, The: defuritions in this Section shall apply when these words and phrases are used in this Chapter. (1) Approved. As applied to a material. device, or method of conS'tI'Ucti.on as :lpproved by the Enforcement Officer under the provisions of this Chapter or approved by another authority design:~:t:ed by law to give approval in me maner in question. (2) Basement. The portion of a building b~een floor 3.Ild ceiling which is pardy below and parrly above grade but so located that the vertical. diStance from grade to floor below is less than the vertical distance from grade to ceiling. (3) Building Code. The :Building Code of the City inclttding any future amendmentS, the Electricsl Code, Plumbing Code, Heating Code, Fire Code, and Zoning Code. (4) Cellar- The potrion of a building between floor and ceiling which is wholly or partly below grade and so located that the vertical distance from grade to floor below is equal to or greater than the venical diStance from grade to ceiling. (5) Dwelling. Any building or portion thereof which is designed or used primarily for residential pmpo$es. ' a~1~ "":,,,~;.} (6) Dwelling Unit. A residential accommodation which includes a complete and permanemly installed .' ~:~; :-.:,. .:::.::.'f' kitchen facility which is ;:lIWlged, designed, used, or intended for use pri:roan1y as living quarters for one family and not more than an aggregate of two roomers or boarders. (7) Enforcemehl Officer. Represema:tive of ihe City responsible for the enforcemem of the provisions of this Chapter. (8) Exterior Property Areas. Open space on the premises under the control of me owners or operators of the premises. ' (9) E.."tterm.ination. The connol and eliID:ination of insects, rodents, or other pests by: A. Eliminatingthe.ir harborage places. B. Removing or making inaccessible materials that may serve as their feed. C. Poison spraying, ftunigating, trapping, or another recognized and legal peSt elimination method. (10) Family. A group of one or more perso.ns occupying a premises <md living as a single housekeeping unit as distinguished from a group occupymg a boardinghouse, lodging h.ouse, horel. or motel. (11) Grade. The surface ofme ground or surface ground after completion of any change in contour. (12) Gross 'Floor Arecz. The sum ofdle horizontal areas of the several floors of all buildings 0:0. a lot as measured from the ~'terior faces of exterior walls or from the cemer line of walls separating t\ovo buildings. 13-2 Jun-05-03 16: 15 From-Kennedy & Graven +6123379310 T-030 P.004/048 F-868 (13) H abirable Room. A room. occupied by one or more persons used or w;tended for living, cooking, e9.ting, or sleeping purpos~, This denmtion does not Ulclude bathrooms, closetS, 'Vva.-ter closet compamnents, laundries, serving and storage pan:tries, corridors, c~llars, ond spaces thaI are not used frequently or during extended periods. (14) Infestation. The presence of inseCtS, rodentS, vermin. or other pests within or contiguous to a multiple dwelling, dwelling unit, rooming house, rooming lmi-t, or premises. (IS) Multiple Dwelling. A building or portion thereof containing three or more dwelling umrs.. (16) Occupant. Any person over one year of age living and sleeping in a dwelling unit or having actUal possession of the dwelling or rooming unit. (17) Openable Area. That part of a. window or door which is available for unobstructed ventilation aad which opens directly to the outdoors. (18) Operator. Any person. who lias charge, care, or cO+l'trol of a multiple residence or rooming house in which dwellillg units or morning units are let or offered for occupancy. (19) Owner. A. Owner or OWDers of me freehold ofth.e premises or lessor e~ate tht:.rein; B. A mortgagor or vendee in possession. assignee of rents, receiver, ~ec1Itor, truStee, lessee~ or C. Other person in cOlltrol of a buildiD.g, including .'their managers and agents. .~l~~{~~~~: (20) Plumbing or Plumbing Fi."Ctures. Water heating facilities, water pipes, gas pipeS, garbage disposal : :~~, ~ :'. units, water closets, waste pipes, siDles, insulled dishwashers, lavatories, bathmbs, shower.baths, installed clothes washing machine; or ocher sinrilar equipment, c:1tch basins, drains, vents, or other sirmbtly . supplied fi.'Ctures, together with. all connections to water, gas, sewer, or vent lines. (21) Premises.. A lot, plot, or parcel of land including the building or srructures thereon. (22) Residence Building. A building in which sleeping accommodations or sleeping accoromodations and cooking facilities as a twit are provided. (23) Rooming House. A residence building or any part thereof containing one or more roomi.o.g units in which space is let by the owner Ot operator to thret:: or more persons who are not the husband, wife, son, daLlghrer, mother, father, si:,"ter, or brother of the o"vner or operator. (24) Rooming Unit. Any room or group of rooms forming a single habitable unit which is used or intended to be used for living :md sleeping but not for cooking or eating purposes. (25) Supplied. Installed, fu.:mished, or provided by the owner or operator. (26) Workmanlike stare of maintenance and repair. ~ramten.a:nce and repair shall be made in a reasonably skillful manner. 13-3 Jun-05-03 16: 16 From-Kennedy & Graven +6123379310 T-030 P.005/048 F-868 (27) YurcL All ground, lawn, court, walk, driveway or other open space constituting part of the same premises as a residence b~lding. (28) Ventilado/t. The process of supplying and removing air by nmural or mechanical m~mlS to or from any space. (Code 1966; Ord. No, 301, 6-13-72; Code of 1988; Code of2001) Sec. 13-4. Enforcement Officer. City persODD.e1 or their designees shall be responsible for enforcement of the provisions of this Chapter. Authorized representatives include th~ Building Inspector, the Fire MSI'shal, and the Sanitarian. (Code 1966; Ord. No. 301, 6-13-72; Code of 1988; Code of2001) Sec. 13-5: Inspection of Dwellings. (1) The Enforcement Officer shall be a\.ltb.onzedco make inspections to derennine the condition. of dwellings, multiple dwellings, dwelling u:oits, rooming houses, rooming units, 3D.d premises in order to safegWU"d me health, safecj, morci.ls, and welfare of the public. (2) The Enforcement Officer, or the Officer's designated representzctive, shall De authorized to enter any dwelling, dwelling unit, multiple dwc:lling, rooming house, or premises at ;my reasonable time 'to perform the duties prescribed undf."t this Chapter. The owner, operator, or occupant shall give the Enforcement Officer free access to the entire ares. for the pUIpose of completing an inspection., examination, or survey, The license shall be revoked if the Enforcement Officer is not permitted. access. If/- (3) A search warrant may be obuined when the occupam refuses to consent to the inspection where: ~;}:~~: A. There is probable cause to believe a vio13.uon exists 'Within the particular stnlct1ll'e; or B. A determi:oation has been. made to conduct periodic inspections of cenain aI'eas ofth.e City. (4) No warrant is needed for entry where an. emergency condition existS which endangers persons at' property and insufficieu't time is available to obts.in a warrant and protect endangered persons or property. (5) Entry l.mder this Section is subject to ~Iinnesota Statutes, Section 504B.211. (Code 1966; Ord. No. 301,6-13-72; Code of1988; Code of2001; Ord. No. 619,2-13-01) Sec. 13-6. Annual Inspections of Multiple Dwellings. The Enforcement Officer shall inspect the premises of all multiple dwelling b1.uldings at leaSt once a year to insure compliance with this Chapter. (Code 1966: Ord. No, 301, 6-13-72; Code of 1988; Code on001) Sec. 13-7. Access by Owner of Multiple Dwellings. Every occupant of a dwelling unit or rooming unit .shall gi've'the Ovvner or operator acc:ess to any part of the dwelling unit, rooming unit, or its premises at reasonable times for inspections, mam:cenance, and. making such repairs or alterations as may be necessary'co comply with. the provisions of this Chapter. (Code 1966; Ord. No. 301, 6-13-72; Code of 1988; Code of200l) 13-4 Jun-05-03 16: 16 From-Kennedy & Graven +6123379310 T-030 P.006/048 F-868 'Sec. 13-8. Notice of Violation. (1) Wrirten Nonce. When any 'Violation of this Chapter shall come to the mention of me Enforcement Officer, written notice shall be provided to the licensee or if no license ha$ been issued, notice shall be provided to the owner, operator, or occupant of the premises. Notice shall be by United State row at the last known address of such person and notice shall also be posted in at le:a::.~ one conspicuous place upon. dle premises where the viol.a:cion exists. (2) Time to CorreCL The llocice shall give the alleged violator a specified number of dayS, not ~ceeding thirty days, to correct me violation. The Enforcement Officer shall have the authority to ~'tend the time to correct the violation upon good ca.use being sho'wn. (3) Prosecution. Prosecunon for any violation of this Chapter shall not be commenced unless the notice as provided in this Section has been provided and the cited violat:i.o1;l has not been remedied within the time specified. Failure to receive the notice shallllot be So defense in any prosecution. (4) Reinspecrion Fee. A f~e shall'be charged for all reinspections required because ofa violation that is not corrected by the time specified in 'the written. notice. The fee shall be established by resolution. (Code 1966; Ord. No. 301, 6.13-72; Code of 19S8; Code of2001; Ord. No. 679, 2-13-01) Sec. 13-9--13-29. Reserved. (Code 1966; Ord. No. 301, 6-13.72; Code of1988; Code on001; Ord. No. 679,2-13-01) \.:'.'. .~:-;;;.': : '. ~'.' '. 13-5 Jun-05-03 16: 16 From-Kennedy & Graven +6123379310 T-030 P,007/048 F-868 Article 2. lVfiniroum Standards Division 1 - Exrenor Property Areas Sec. 13-30. Compliance; No person shall occupy as o\vner-occupant or let to another for occupancy any dwelling unIt, m'l.utiple dwelling, rooming house, rooming unit, or portion thereof for the purpose of living. sleeping, cooking, or e<rtingmerein which does not comply...vith the provisions of this Division. (Code 1966; Ord. No. 301. 6-13- 72; Code of1988; Code cf200.l) Sec. 13-31. Sanitation. All exterior property areas shall be main tamed in a clean and sanitary condition free from any accumulation of rubbish l)r garbage. (Code 1966; Ord, No. 301,6-13-72; Code of 1933; Code of2001) Sec. 13-32. Grading and Drainage. All premises shall be graded and maintained to prevent ~ accumulation of rognant water on the premises or within any building or muctUI'e located thereon. (Code 1966; Ord. No. 301, 6-13-12; Code of 1988; Code of200l) Sec. 13-33. No.:s:ious Weeds. All exterior property area.s shall be kept free from species of weeds or plant growth that are nOxious or t)j;~~ detrimental to the public health. (Code 1966; Ord. No. 301, 6-13.12; Code of 1988; Code of2D01) -. ,,~,' ~. Sec. 13-34. Insect and Rodent Harborage. (1) Every o\ovne! and occupant of a strUCtUre containing tWO or more dwelling unitS shall be responsible for the exrennination of in seers, rodents, vemrin, or other pests in all exterior areas of the premises. The O'wV'D.eI" shall be responsible for elctennina'tion when infemtion exists in. the shared or public partS' of me premises. (2) In the case of a single family snuctw'c, the occupam shall be responsible for the e:<ctermination of insects, roden"tS, and vex:rnill in all exterior property a:re:l.S. (Code 1966; Ord. No. 301, 6-13-12; Code of 1983; Code of2001) Sec. 13-35. Accessory Structures. All accessory strUctUres including detached garages shall be maintained, StrUcturally sound, and in good repair. (Code 1966; Ord. No. 301, 6-13-72; Code ef 1983; Code of2001) Sec. 13-36. Unoccupied Structure. The owner of every unoccupied dwelling or multiple dwelling shall be responsible for the maintenance of exterior property areas required undenhis Division. (Code 1966; Ord. No. 301, 6-13-72; Code of 1988; Code of2001) 13-6 Jun-05-03 16: 17 From-Kennedy & Graven +6123379310 T-030 P.008/048 F-868 Secs- 13-37--13-43. Reserved. - {~~1~f' ~ 13-7 Jun-05-03 16: 17 From-Kennedy & Graven +6123379310 T-030 P.OO9/048 F-868 Division 2 - Er:tenor of Stnlcrure:,' ." Sec. 13-44. Compliance. No person shall occupy as owner-occupan:t or let to another for oCCl.'lpancy any mvelling unit, multiple dwelling, rooming h.ouse, rooming unit, or po~n. thereof for the purpose of living. sleeping, cooking, or es:ting therein that does not comply ..vi'th the provisions oftbis Division. (Code 1966; Ord. No. 301, 6-13- 72; Code of 1988; Code of2001) Sec. 13-45. Found:lnons, Walls, and Roofs. . Every foundation. exterior wall, roof, and all other e:\."'terior surfaces shall be maintained in a workmanlike state ofmalIllenance and repair. (1) The foundation eleme:a.ts shall adequately support the buildiIig at all poin;ts. (2) Every e:\."terior wall shall he free of holes, bres.ks, loose or rotting boards or timbers, falling or loose srocco or brick, and .:my other conditions that might admit rain or dampness 'to the interior portions ohhe walls or to the exterior spaces of the multiple dwelling. (3) The roof shall be t:igl!t and have no defeCtS that admit rain. Roof drainage shall be adequate to prev-enr rain water from causing dampness in the walls. (Code 1966; Ord. No. :;01,6-13-72; Code of 19&8; Code of2001) Sec. 1346. Stairs, Porches, and RJrilings. ~~;~;::. f... '.'.." " ,,'.~~ . (1) Every outside stair, porch, and appurtenance attached thereto shall be constrUcted so as to.be s:rl'e for use and capable of supporting a load as detennined in the Building Code. These areas shall be kept in ~ound condition and good repair. (2) Every fligbI of suirs 'which is l110re than four risers high shall have hand rail$1hat are located 3S provided by the Building Code. (3) Every porch which is more than eig~een inches a.bove grade shall have rci1s so located and capable of restraining a. horizontal pressure as dete.rmi.ned by the Building Code. (4) Every rail and balus"t1,"ade shall be firmly fOlStened and maintained in good condition. (Code 1966; Ord. No. 301, 6-13-72; Code of 1988; Code of2001) 13-8 Jun-05-03 16: 17 From-Kennedy & Graven +6123379310 T-030 P,010/048 F-868 See.. 13-47. Windows, Doors, and Hatchways. Every window, exterior door, and basement hatchway shall ~e substanrially tight and shall be kept in SOUJld condition and repair. (1) Every window shall be fully suppli~d with window panes that are without open cracks or holes. . (2) Evexy window sash shall be in good condition and fi! reasonably tightly within its frame. . (3) Every window, other th:m 3. fixed window, shall be capable of being easily opened and shall be held in an open or closed position by window hard'ware. (4) Every exterior door, door bin;,ae, and door latch shall be in good condition. (5) When closed, ~ery ~erior,door shall fit reasonably well within its frame. - (6) Every window, door, and frame shall be co.astrUcted and maintained in such relsti.on to the adjacent wall COJlStI'llCtion as to completely exclude r:rin and substantially exclude wind from entering the dwelling or multiple dwelling. (7) Every basement hatchway shall be constructed and main:tained so as to prevent the entrance of rodenTS, tam, and surface drainage: water into the dwelling or multiple dwelling. ' :}~1>:,; (8) Every door available as an exit shall be capable of being opened easily and 'wi"t;hoU"t the use of a key from the inside. (Code 1966; DId. No. 301, 6-13-72; Code of 1988; Code of 200 1) Sees. 13-48-13-54. Rest:rverl. 13-9 Jun-05-03 16: 17 From-Kennedy & Graven +6123379310 T-030 P,Oll/048 F-868 Division 3 -lntenor Srrucrures " . , Sec. 13-55. Compliance. No person shall occupy as o'wner-occupant or let to another for occupancy any dwelling, multiple cnvelling, rooming house, rooming uni't, or portion thereaffor the pUIIJose of living, sleeping, cookmg, or eating therein which does not comply with the provisions of this Division. (Code 1966; Ord. No. 301, 6-13-72; Code of 1988; Code of2001) Sec. 13-56. Free from D:unpness. All cellars, basements, and crawl spaces shall be main1:ained reasOIl:lb1y free from dampness to prevent conditions' conducive to decay or deterioration of the SlI1lctUre. (Code 1966; Ord. No. 301, 6-13-72; Code of 1988; Code of2001) Sec. 13-57. Structural Members. The supporting structUral members shall be maintained structw:ally sound and show no evidence of deterioration. The load bearing capability shall be 3S required by the Building Code. (Code 1966; Ord. No. 301,6-13-72; Code ofl988; Code of2001) Sec. 13-58. Interior Stairs and Railings. (1) All werior stairs shall be ma.iJItained in sound condition and good repair by replacing treads and risers G:;;";;' that evidence ex.cessive wear or are broken, warped, or loose. Every inside Stair shall be so constrUcted and n:;.~:~~~~ maio.tained as to be safe to use and capable of supporting a load as determined by me Building Code. (2') Every stairwell and every flight of suirs that is more than four risers high shall have hand rails or r3ilings 3S required by the BuildiDg Code. (3) Every hand rmI or railing must be finnly fastened and must be maintained in good condition. Properly balustraded railings capable ofbc:.u:ing normally imposed loads as detennined by the Building Code shall be placed in the open portions of the stairs, balconies, landiDgs, and stairwells, (Code 1966; Ord. No.3 0 1., 6-13-72; Code of 1988; Code of2001) Sec. 13-59. Bathroom Floors. Every toilet room floor S\crface and bathroom floor surface shall be constructed :md :maintained 'to be substantially impervious to water and to pennit the floor to be easily kept in a clem and sanitary conrlition. (Code 1966; Ord. No. 301, 6-13-72; Code of 1988; Code of2001) Sec. 13-60. Sanitation. I The interior shall be mainuined in a cle:m and sanimry condition 3nd free from accumulation of rubbish or gsrbage. (Code 1966; Ord. No. 301, 6-13-72; Code of 1988; Code of2001) 13-10 Jun-05-03 16: 17 From-Kennedy & Graven +6123379310 T-030 P.012/048 F-868 Sec. 13-61..Inse:Ct and Rodent Harborage. (1) Every owner of a StrUcwre containing twO or more dwelling Units shall be responsible for the e~1:erminati.on of insects, rodents. vexmin, or other pests wherever infestation exisrs in twO or more dwelling units or in the shBI'ed or p'l.lblic pans of me srrucmre. (2) The occupam:' of a dwelling unit in a dwelling or multiple dwelling shall be responsible for eXtermination within that tIDit when i:t is the only one infested. (3) Whenever infestation of rodentS is ca.used or pennined by failure of the owner "to maintain the dwelling or multiple dwelling in a rodent proof CondiciOD, e:aenoination of the rodems shall be the responsibility of the owner. (Code 1966; Oed. No. 301, 6-13-72; Code of 1988; Code of2001) See- 13-62. Interior Walls, Floors, Ceiling, and Woodwork. . All interior walls, floors, ceilings,.and associa"ted woodwork: or trim must be maintained in a s01.md condition and workroanlikerepair. (Code 1966; Ord. No. 301, 6-13-72; Code of1988; Code of2001) Sees. 13-63-13-69. Reserved. f%i~~; .:~~;.:.\,.:I... 13-11 Jun-05-03 16: 18 From-Kennedy & Graven +6123379310 T-030 P,013/048 F-868 Division 4 - Basic Facilities , S~C. 13-70. Complianc.e. . No person shall oCCU'pY as owner-occuparrt or let to another for occupancy any dwelling unit, multi.p~e dwelling, rooming house, reoming um:t, or portion thereof for the purpose of living, :lleeping. cooking, or eating that wbich does nor. comply with the provisions of this Division. (Code 1966; Crd. No, 301, 6-13- 72; Code ofl988; Code of2D01) Sec. 13-11. W llter Closet. Every dwelling unit shall contain,within its walls ::l. room mat affords privacy and is equipped with a wa'teT closet and is separate from the habitable rooms. (Code:: 1966; Crd. No. 301, 6-13-72~ Code of 1988; Code of lOOt) Sec. 13-72. Lavatory. - Every dwelling unit shall contain a lavatory that, when a water closet is required, shall be in the same room with 'the water c1os~. (Code 1966; Old. No. 301,6-13-72; Code of1988; Code of2001) Sec. 13-73. Bathtub or Shower. Every dwelling u:nit shall contain a room that affords privacy to a person in the room and that is equipped with. a baThtub or shower (Code 1966; Ord. No, 301, 6~13-72; Code of 1988; Code of2001) .1:-..:;.1.... ( '.,". ~::i:(~::; 1'< ~, Sec. 13-74. Kitchen Sink. Every dwelling unit shall contain a kitchen sink apart: from the lavatory requirement in Secrio.o. 13-72. (Code 1966; Ord. No. 301,6-13-72; Code of 1988; Code of2001) Sec. 13-75. Connection to Water and Sewer System. Every required kitchen si:c1\, lavatory basin, bJ:thntb, shower, and wa.ter closet shall be properly connected to either a public water a:c.d sewer'system or to sn approved private water and sewer :;ystem and shall be supplied withh.ot and cold I'UDIling water. (Code 1966; Ol:d. No. 301, 6-13-72; Code of 1988; Code of 2001) Sec. 13-76. Wate!" Heating Facilities. . Every dwelling or unit shall be:: supplied with water heating facilities which shall be: (1) Installed in an approved:manner, properly maintained, and properly connected with hot water lines. (2) Capable of heating and delivering water to such. a. temperature as 1:0 pennit an adequate amount of water to be drawn at ~ery required kitchen sink, lavatory basin, bathtub, shower, and laundry facilities or ocher similar units at a temperaxure OfllO! less than 130 degrees Fahrenheit (54 degrees Celsius) at any time needed. (Code 1966; DId. No. 301, 6-13-72; Code of1988; Code of 2001) 13-12 Jun-05-03 16: 18 From-Kennedy & Graven +6123379310 T-030 P.014/048 F-868 Sec. 13-77. Heating Facilities. (1) Every dwelliD.g and multiple dwelling unit shall have ]re:3:ting facilities. (2) The owner shall be required to see 'that the hesting facilities are properly insts11ed, safely maintained, . and in good worlci:c.g condi:ci.on. (3) The owner shall ensure that the facilities are capable of safely and adequately heating all habitable rooIIlS, bathroo:m:s, Ed toilet rooms 'to a teropemture of at least eighty degrees Fabrenhei:t: (27 degrees Celsius) with an outside t~per:J.ture of minus twenty degrees Fahrenheit (minus 29 degrees Ce).sius). The' heating facilities shall be capable ofroam:taining a minimum room temperature of seventy degrees Fabrenheit (21 degrees Celsius) at three feet above the floor in all habitable rooms mchlding bathrooms and toiletS at all tiroes wh.enrented. (Code 1966; Ord: No. 301, 6-13-72; Code of1933; Code of2001) Sec. 13.78. Operation of Heating Facility 3J1d Incinerator. . Every heating or water heating facility must be installed and operated in accordance wi:th the requirementS of the Building Code. (Code 1966; Ord. No. 301, 6-13-72; Code of 1988; Code of2001) Sees. 13-79--13-85. Resenred. , ;<LF;::" . 13-13 Jun-05-03 16: 18 From-Kennedy & Graven +61Z3379310 T-030 P.015/048 F-868 Division 5 - Installation and lvlainrenance . . .- i ,.. Sec. 13-86. Compliance. No person shall occupy as owner-occupant or let .to another for occupancy any dwelling, multiple dwelling, rooming house or rooming unit, or portion thereof for the purpose of living, sleeping, cooking, or eating therein that does not comply with the provisions of this Division. (Code 1966; Ord. No. 301, 6-13-72; Code of 1988; Code of2001) Sec. 13-37. Plumbing Fixtures. Every water line, plumbing D.."'aUre, and drain shall be: (1) Propl:Ily inStalled, cOImecred, and maintained in worlcing order; (2) K..."t free from obstructions, l~aks, defects; and (3) Capable ofpertbIDJing the function for which it was designed. (4) Repairs and iDstallatit'ns shall be made in accordance with the provisions of the Building Code, (Code 1966; Ord. No. 301, 6-13-72; Code of 1988; Code of2001) Sec. 13-88. Plwnbing Systems. <~:~f;~; Every suck, waste, and sewer line shall be insulled and maintmned so as to function properly and be kept r. ~.... '~{~~t~.~' free from obs'tIUctions, leaks, and defects to prevent strUCt\l!al deterioration or a health hazsrd. All repairs and installations shall be made-in accordsnce with provisions of me Building Code. (Code 1966~ aId. No. 301,6-13-72; Code of 1988; Code of2001) See. 13-89. Heating Equipment. Every space heating, cooking, and water heating device located in a dwelling or mUltiple dwelling shall be properly installed, co:onecred., maint3ined, and capable ofpc..nonning the nmctlon for which it was designed in accordance 'With the provisions of the Building Code. (Code 1966; Ord. No. 301,6-13-72; Code of 1988; Code of2001) Sec. 13-90. Electrical Service, Outlets, and F~ures. (1) All residential strUctUres and dwelling units shall be S'llpplied with electrical service that is adequa:ce to safely meet the electrical needs of the suucrore and dwelling units in accordance with the provisions oithe Building Code. (2) Every el.ectriC:ll outlet and fih.~e shill be installed, maintained, a:nd cODIleCled to the source of electrical power in accordance ...vi.th the provisions of the Building Code. (Code 1966; Ord. No. 301,6-13- 72; Code of 1988; Code of2001) 13-14 Jun-05-03 16: 19 From-Kennedy & Graven +61Z3379310 T-030 P.016/048 F-868 - See. 13-91. M:tintenance of Facilities and Equipment. . (1) All required equipment and all building'space and partS in all dwelli:n.g \unts shall be conso:u.cted and . maintained to properly and safely peIfonn their intended function in accordance with the provisions of the Building Code. (2) All housiJlg facilities shall be maintained in a. clean 3nd san:itary condition so as to not breed insects and rodents or produce dangerous Of offensive gases or odors. (Code 1966; Ord. No. 301, 6-13-72;. Code of 1988; Code of2001) Sees. 13-92-13-98. Resenred. . - :~t:~~..:, I~i*..~:~~~ \.'~;;:~~~r 13-15 Jun-05-03 16: 19 From-Kennedy & Graven +6123319310 T-030 P. 011/048 F-868 Division 6 - lighT and. Ventilation Sec. 13-99. Light and Ventilation. No person shall occupy a'3 o"vner-occupant or let to another for occupancy any dwelli.o.g, multiple dwelling: rooming house, or roon1i.ng unit, or portion thereof for the purpose of living, sleeping, cooking, aJ;ld eating therein that does not comply with the provisions of this Division. (Code 1966; Ord. No. 301, 6-13-72; Code of1938; Code of2(01) Sec. 13-100. Natur:d Light in Habitnble Rooms. (1) Every habitable room shall have at: least one window of approved size facing directly 'to the outdoors or to a court. If the room is connected to a room or area used seasonally, such as a porch, then adequate dayligh't mUSt be possib\e througb.1:h.i.s inter-connection. (2) The minimum total ~dow :::rea me3Sured between stops for ~ery habitable rooxn shall be ten percent of me floor area of me room. (3) Whenever walls or other portions of like obstructions are located less than three feet from the 'Window and extend to a level above that of the ceiling of me:; ro~m, the window shall not be deemed to face directly to 'the outdoors and shall not be included as can:tnbll'ting to the min:i:mum total window 3Iea. (Code 1966; Ord. No. 301, 6-13-72; Code of 1983; Code of2001) Sec. 13-101. Natural Light in NQD-Hafiitable Rooms. ........-~ f1~~~;~:: :;",::::: ',' Every room, other than a. habitable room, used or occupied by persons shall comply wit:b. the provisions of ", . this Section. This Section shall not apply to a room with infrequent occupancy. (1) The room sb.:ill be provided with at least one \ov.indow opening directly Ol1!O a street, court or be equipped with ventilating skylights which comply with me requirementS of this Article; o.r (2) The room shall be provided with an approved means of mecha:oical ventilation. (Code 1966; Ord. No. 301, 6-13-n~ Code of 1,988; Code of2001) Sec. 13-102. Light in Non-HAbitable Work Space. Every laundry, fhrnace room, and similar non-habitable work space shall have at le3.St one functioning elecrric light fixtUre available at all.times. (Code 1966; Ord. No. 301, p-13..'i2; Code of 1988; Code of 2001) . Sec. 13-103. Light in Public HallS and Stairways. Every public hall and inside stairway shall be .adequately lighted at all times with an illumination of at least , five lumens per square foot in the:; darkest portion of the normally tl'ave1ed stairs and passageways. (Code 1966; Ord. No. 301,6-13-72; Code of 1988; Code of2001) 13-16 Jun-05-03 16: 19 From-Kennedy & Graven +6123379310 T-030 P.018/048 F-868 Sec. 13-104. Electric Outlets Required. Every habitable room, kitche~ public hall, water closer compart:rnem. bathroom, laundry room, and fur:oac~ room shall have the minimum number of decrri.cal ou1:letS and eleetricallighting D.."'CtW'es as provided for in the Building Code. (Code 1966; Drd. No. 301, 6-13-72; Code of 1988; Code of2001) Sec. 13-105. Adequate Ventilation. Every habi"table room shall have at least one window which can be easily opened or such other 'device as will adequately ventilare the room. A total openable window area in every habitable room shall be equal to ~:c least fifty percent of the minhnum window area size required in Section 13-100 except where mechanical ventilation is provided in. accordmlce wi~ the provisions of the Building Code. (C ode 1966; Drd. No.3 0 1, 6-13-72; Code of 198~; Code of 200 t) Sec. 13-106. Bathro4;mis and Water Closets. ..... Every ba'tbroom and ware:r close;t compartment shall comply 1Nitb. the light and ventilation requirements for habitlble rooms contained in Sections 13-100 and 13-105 except that no window shall be required in bathrooms or water closet compartments equipped with;:m approved ventilation syStem. (Code 1966; OId. No. 301, 6-13-72; Code of 1988; Code of2001) Sees. 13-107--13-113. Reserved. ()~;?': '..... 13-17 Jun-05-03 16: 19 From-Kennedy & Graven +6123379310 T-030 P,019/048 F-868 . , . - ',' Division 7 - Fire'Safery ,- Sec. 13-114. Compliance- No perso.a shall occupy as owner-occu.panl: or shall let to another for occupancy any dwelling, multiple dwelling, rooming house, rooming unit, or portion thereof for the purpose of living, sleeping, cooking, or eating therein thal: does not comply wi'th'the applicable provisions ofth.e City's Fire Prevention Code and the follo~ving additional sondards forsafety, (Code 1966; Ord. No. 301, 6-13-72; Code.ofl983; Code of 2001) Sec. 13-115. Flammable Liquid Prohibited. No residence building or rooming u.ni:t shall be located \.vithin a building containing a business mat.b.andles, dispenses or stores flammable liquids \ViIh a flash point of 110 degrees Fahrenheit (43 degr~s Celsius) as defined by the National Board of Fire UndeIWIiLers. (Code 1966; Ord, No. 301, 6-13-72; Code of 1988; Code of2001) . Sec. 13-116. Exits. Compliance, ',vith the exit provi.::,ions of the Building Code is required. (Code 1966; OId, No. 301, 6-13-72; Code of 1988; Code of2001) Sec. 13-117. Cooking and, Heating Equipment. .<7.',,- r"'<:-'" All cooking and heariJJg equipmenL, components, accessories, and devices shall be mainUlined free from '~}f~~::; leaks md obsuuctions and kept functioning properly to be free from fue, health, and acciden:t hazards. All installitiollS and repairs sball be made in accordance with the regulations of the BuildiD.g Code. (Code 1966; Ord. No. 301, 6-13-72; Cod~ of198S; Code onDOl) Sees. 13-118--13-124. Reserved. 13-18 Jun-05-03 16:20 From-Kennedy & Graven +6123379310 T-030 P.020/048 F-868 ~ Division 8 - Occupanr's Responsibilities Sec. 13-125. Cleanliness. Every occupant of 3. dwelling unit shall keep that part of the dwelling unit and premises which the occupant occupies, controls, or 1.1.Ses in a clean and sanitary condition. (Code 1966; Ord. No. 301, 6-13-72; Code of 1988; Code of2001) Sec. 13-126. Disposal of Rubbish. Every occupant of a dwell.ing unit shall dispose of all rubbish in a clean and saIriOI)' marmer. (Code 1966; Ord. No. 301, 6-13-72; Code of 1988; Code of 2001) Sec. 13-127. Use and Opera.tion of Supplied Plwnbing Fatur.es. Every occupmt of a chvelli,ng unit shall keep the supplied plumbing fixtUres c1e:m and s:ulita.ry and shall be responsible for the exercise of reasOIlilble C3Ie in tb.e proper use and operation of the fixmres. (Code 1966; Ord. No. 301, 6-13-72; Code of 1988; Code af2001) Sec. 13-128. Plumbing Fixtures Furnished by Occupant. Every plumbing a"\:tuxe :fuIDished by the occupant shall be properly installed aJld maintained in good working condition. TIle ni'l:tuIeS shall be clesn, sanitary, and free from defects, leaks, or obstnlctions. ~ ~~:,~~. (Code 1966; Ord. No. 301, 6-13-72; Code of1983; Code of2001) ~~l~:l.~ . \\~~~;~. Sees. 13-129--13-135. Reserved. . 13-19 Jun-05-03 16:20 From-Kennedy & Graven +6123379310 T-030 P,021/048 F-868 DiviSIon 9 - Rooming Houses ", f Sec. 13-136. Compliance. No person shall opera.te 3. rooming house or shall occupy or let to anotb.er for occupancy a. rooming unit in a rooming house except in compliance with the provisions ofLhis Division. (Code 1966; Ord. No. 301, 6:' 13-72; Code ofl988; Code of2001) Sec. 13-137. Water Closet, Hand Lavatory, and Bath F~\cilities. (1) At le~"t one water closet, lavatory basin, and bathtub or shower shall be supplied for each four rooms within a rooming house wherever these facilities are shared. (2) TIle facilities shall be properly connected to m approved water and sewer system and shall be maintained in good working condition. . (3) Every lavatory basin :m.d batb:ti.'l.b ot shower shall be supplied ..vitb. hot and cold wa:ter at all times. ( 4) All shared facilities shall be located within the residence building being served and shall be directly accessible by all persons sharing the facilities from a common hallway or passageway. (Code 1966; Ord. No. 301, 6-13-72; Code of 1938; Code of2001) Sec. 13-138. Bathroom Enclosures. 6- .>:~;~~;:. Every water closet, flush urinal., lavatory basin, and ba"thtub or shower required by Section 13-137 shall be ....,......: :i:"(:.:~ : located within the rooming hoUse in a room or area thm:: (1) Affords priva.cy and is separate from the habitable rooms. (2) Is a.ccessible from a common hall v..i1:b.out going outside the rooming ho'l.1Se. (Code 1966; Ord. No. 301, 6-13-72; Code of 1988; Code of200l) --= See. 13-139. Minimum Floor Area for Sleeping Purposes. Every room occupied for sleeping purposes by ont: person shall contain a.t least seventy square feet of floor area. Every room occupiJ~d for sleepmg purposes by twO or more persons shall contain at least fifty square feet offioor SIe3. for e:lch occup::m:t. (Code 1966; Ord. No. 301, 6-13-72; Code of 1983; Code of2001) Sec. 13-140. Bed Linens :md Towels. The operator of a rooming house shall change the supplied bed linens and towels at least once a. week :md prior to the lettiD.g of sny room to another occupant. The operator shall be responsible for the mtlinteo.:mce of all supplied bedding in a clean and sa:oitaIy manner. (Code 1966; Ord. No. 301, 6-13-72; Code of 1983; Code of200l) 13-20 Jun-05-03 16:20 From-Kennedy & Graven +6123379310 T-030 P,022/048 F-868 . Sec. 13-141. Window Coverings. The window of each rooming unit shall be supplied with shades, drawn drapes, or other devices or ma'terials that will afford privacy to the OCCUPSIl.t oftb.e rooming unit when properly used. (Code 1966; Ord. No. 301,6-13-72; Code of 1988; Code of2001) Sec. 13-142. Responsibilities of Operator. The operator of a rooming house shall be responsible for: (1) The sanitary maintenance of:ill walls, floors, and ceilings :and every other pan oftb.e rooroilig house. (2) The sanit:lI)' mamtenallCe of the entire premises when the entire strUcture or building is leased or occupied by the opera""or. (Code 1966; Ord. No. 301,6-13-72; Cede of 198~; Code of1001) Sees. 13-143--13-153. Res.erved. (t~.\~~\: " ' ( . ~ . 13-21 Jun-05-03 16:20 From-Kennedy & Graven +6123379310 T-030 P.023/048 F-868 Article 3. Licenses Sec. 13-154. Required. No person shall allow IO be occu-pied or'leI to anoth~r for occupancy mrits in a multiple dwelling for wbich a license bas not been granted by tile City. There shall be twO types oflicenses: regLUar and. provisional. (Code 1966; OId. No. 301, 6-13-72; Code of 1988; Code of2001; Ord. No. 679,2-13-01) See.. 13-155. Application. . . (1) Before any license shall be issued or renewed, the owner shall complete all application. The following persons shall be authorized to ~crn and submit the application.: A. If the ov.ner is :l. oatural person., by the owner thereof B. IfIhe owner is a corporation, by 3n officer ~reof. C. Ifme owner is a partnership, by a partner thereof. - .. (2) The registration statement shall be made on forms prescribed by the City ~d shall include: A. The name and address of me ov.rner of the multiple dwe1.l.iIlgs. B. The name and address of-any operator or agent actively ITWlaging the multiple dwelling. C. If the operator or agent is a business entity, ~ application sba1l include the names, telephone munbers, and addresses of individuals who will be involved in S1.1ch management, 'together wi:th a description of the scope of services and manner of delivering these services by the manager. C. If the registrant is a parmer-ship, the name and address of all part:o.e.rs. D. If the regisrran.t is corporation, the name and address of all officers. 6i~~~~' E. If the multiple dwelling is being sold on a contract for deed, the nmne and address of the vendees. ,.,," F. The: lcgaladdress of the multiple dwelling. G. The number oft()ilet and bath facilities shared by the occupants ofnvo or more lJIlits. H. The number Cllld kinds of unitS 'Within the multiple dwelling. 1. The height of the multiple dwelling in stories. J The construction of the exterior of the building. K. The total floor area oftbe building. L. The total area provided on premises for off-street parking. M. An application tor a provisional license shall inchtde infonnanon as required by Section 13-161. (Code 1966; Ord. No. 301, 6-13-72; Code of 1988; Code oi2001; Ord. No. 679,.2-13-01) Set. 13-156. License F~es. The license fees shall be as provided in 'this Section. The lie<ense fees shall be established by resolution. . (1) A license fee shall be collected for esch ucit in a multiple dwelling. (2) If an application is made less man 45 days before the begiIming date oftb.e license period applied for . . then the fee sh~l be accompanied by an additional 3roOum equal to 100 percent of such license fee. The additional amount shall be a penalty for a late application. (Code 1966; Ord. No. 301, 6-13-72; Ord. No. 362, 9~9-75; Ord. No. 404, 11-22-77; Ord. No. 469, 12-26-79; Code of1988; Code of2001; Ord. No. 679,2-13-01) 13~22 Jun-05-03 16 :21 From-Kennedy & Graven +6123379310 T-030 P,024/048 F-868 Sec. 13-157. License Issuance. The City shall issue a license if the building and the application ~e found to be in compliance with the provisions of this Chapter provided that aU real estate ta.."es and mUJJicipal u:cility bills for the premises have been paid. Real estate ta.'Xes will not be considered to be due and 1.lllpaid for p1.lIposes of this Section while a proper and timely appeal of such Ta."reS is pending and is diligemly pursued to completion. by the lando\vner. (Code 1966; Oid. No. 301, 6-13-72; Code of 1988; Code of2D01; Ord. No. 679,2-13-01) Sec. 13-158. Posting of License. The licensee :shall post the receipted copy of the license in a conspicuous public con:idor or hallway or lobby of the licensed multiple dwelling. The license shall be displa.yed in a frame with. a glass covering. (Code 1966; Ord. No. 301,6.13-72; Codl:: of 1988; Code of200l; Ord. No. 61972-13-01) Sec. 13-159. Renewal of License. . The license period shall commence either on March 1 or Septmlber 1. A regular license will be issued ,for a period of one year. A pl'ovisionallicense shall be issued for a period of si", months. (Code 1966; Qrd. No. 301,6-13-72; Ord. No. 513,11-22-83; Code of1988; Code of2001; Old. No. 679,2-13-01) Sec. 13-160. Tr:msfer of License. A license is transferable for a fee to any person who has actually acquired legal ownership of licensed f"!) premises. The'll"ansfer shall be effective for the UIlexpired portion ofthe license period pro'iided that the {......(.':. '( P:l ~~~~t :"~8' transfer applica:cion is filed with me City prior to the actUal change oflegal ownership and the transferee is not disqualified from holdiD.g the license due to prior revocation or suspension of a license. The license shall terminate upon failure to apply for a tranSfer prior to change of legal ownership. The fee for the transfer shall be established by resolution. (Code 1966; Ord. No. 301, 6-13-72; OTd. No. 513, 11-22-83~ Code of 1988; Code of2001; Ord. No. 679, 2-13-01) Sec. 13-161. Pro""isiona! Lic.ense. -' ' (1) Police or F'ire Calls. Licensed multiple dwellings that have generated an average of over .5 police or fire calls pt."1' dwelling unit in a preceding six month period as specified in this Section shall be eligible only for a provisional license. A. Police and fire calls that are couD:red in determining whether a provisional. license is required include the following types of c<Jlls or events: 1. Calls or ~en:rs listed in Ser:t:ion 13-163. 2. Calls or events categorized 3.S pan one crimes in the Uniform Crime R...oporting System, including homicide, rape, r:obbery, aggravared assault, burglary, theft, auto theft and srson. 13-23 Jun-05-03 16:21 From-Kennedy & Graven +6123379310 T-030 P.025/048 F-868 . 3. Calls or eventS categorized by the Pu.blic Safety Deparo:nent miscellaneous juvenile Stil'tUS t crimes, liquor' offenses or curl'ew violations; disturbing the peace or harassing communications; property damage; criminal damage to property or trespass; domestic incidents; fire alanns; public disnrrbance or disorderly conduct; loud party or noise complaintS; disorderly juveniles; assault in the fifth degree or non-domestic related assaults. The Director of Public Safety shill maintain for public inspection a description of the coding systexn and a list of me codes a:rid crimes included within each of these categories of calls 01' eventS. . 4. The DirectOI of Public Safety may detennine that multiple incidems shall be counted as a sillgle: call in appropriate cases. B. Calls 'iIIill not be counted for purposes of determining whether a provisional license is required where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act, Nfi:onesota. Statutes, Section 518B.O 1, Subdivision 2(b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act., Mimlesota Statutes, Section 518B.Ol, . Subdivision 2(a). C. The period ohime used to determine whether a pt'ovisional1icense is requITed is the six month period ending twO months before ~ commencemenI of the license term, either Decr;:mber 31 or JUlle 30. .D. The City 'Nill provide by mail to each licensee a monthly report of calls described in Section 13- ~61, Subsection (1)A (2) Resident i'vlanager. Provisionalliceoses shall only be issued for facilities that have a manager or managers certified in :l.ccordance with Section 13-162. Managers must be resident managers or on site managers who are on site or available 24 hours a day. ,..:-...... .,,~.~.: .;.' , (3) J.'l1irigation Plan. The applic3nt for a provisional license must submit a mitigation plan for the license :-.:.:~~,..::~.:: -.;:,::.;.'- period for review to the City Council. The mitigation plan shall describ~ steps proposed by the applicant to reduce the number of police and fire calls described in. Section 13-161, Subsection (l)A to a level that qualifies for a regular license. The mitigation plan may include such steps as: changes in tenant screening procedures, changes in lease teImS, security measures, rules and regulations for temmt conduct, and security personneL (4) Decision. of Ciry CotmciL The application and a proposed mitigation plan will be prese:D.1:ed to the City Council together wrtb: a disposition recommendation by the City rv1anager. After giving the applic:mt 3n opportUDity to be heard' ELnd present ~vidence, the City Council shaIl approve, disapprove, or approve with. conditions the applic:nion and the roitigs:ti.on plan. lithe City Council disapproves an application and mitigation plan or approves it with conditions, it shall SOle its reasons for so. doing in writing. (5) lvlonrhly Reporrs. TIle licensee shall comply with the approved mitigation plan. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City a written report describing :311 steps uken in :funherancc of the mitigation plan during the preceding month. (Ord. No. 679,2-13-01) '13-24 Jun-05-03 16 :21 From-Kennedy & Graven +6123379310 T-030 P.026/048 F-868 S~c. 13-162. Manager Certification. . (1) To qualify for a provisional license, the a:pplicant must pro~de and :roai:n:tain a't least cne resident manager or on site managers who are on site or a......-ailable 24 hours a day and who are certified by'tbis Section. .' .. (2) A person may be . certified as a resident or on s:i:te rmmager after successfully completing the training program provided or specified by the City. (3) A license may be granted to an applicant who does not currently have a certi:fied resident or on site xnanager, and a license may continue in effect on the deparmre of a certi:fi.ed resident manager; on the condition tha:t a resident manager or on site manager shall register for and complete the traioing program as Pl'omp'tly as is ressonably possible. (Ord. No. 679,2-13-01) Sec. 13-163. Conduct 00 Licensed Premises. . (1) Disorderly Premises. The licensee shall be responsible for ensuring that persons occupying the licensed premises conduct themse.lves in such a manner as D.ot to cause the premises to be disorderly. For purposes of this Section, a premises is disorderly at which any of the following activities occur: A. Violation oflaws relating to the possession of controlled subStances as defined in Mi:onesota Statutes Section 152.01, Subdivision 4. B. Violation of Section 18-3 (Disordaly Conduct) of the City Code or rv-.fu:mesota So.tutes, Section 609.72. ~;?:~~~:~i: . C. The UIllawful sale ofin1oxic.ating liquor or 3.2 percent malt 1iqt\or. D. Violation of laws re.lating to gambling. E. Violation of laws relating 'to prosrimtion as defined in'tvIinnesota Stamtes, Section 609.321, Subdi~ision 9> or acts relating to prosti:cutiOD.. F. Unlawful use or possession of a fuear:rn or weapon in violation of Chapter 18, Article 2 of the city Code or Minnesota. Statutes, Section 609.66, Subdivision 1a, 609.67 or 624.713. G. Violation of Section 13-2 of the Citjl Code (Threa.tening a Public Officer)". H. Violation of Minnesota S"tatutes, Section 609.705 (Unla'C'Jful Assembly). 1. Violation of Minneso'ta. Statlltes, Section 609.71 (Riot). 1. Violation of MiImeso'rs StatUtes. $ecn0ll609. 713 (Terroristic Threat). K. Violation 6fiYIinnesota. Stamtes, Secti.on 609.715 (Presence at UrJ.avrful i\ssembly): . (2) Enforcemenc Au.thority. The City IvIanager shall be responsible for ~o.rcernent and admiD.ist:l'ation of this Chapter. Au.thority. to take any :lction authorized by this Chapter may be delegated to the City Manager's a.uthorized designee. (3) Notice a/Violation. Upon detennination by the City that a licensed premises was used in a. disorderly manner notice of the violation shall be given to the licensee. The notice shall include a directive for the licensee to take steps to prevent further violatioD.'S. The disorderly maDner shall be as deful.ed in Section 13- 163, Subsection (1). 13-25 Jun-05-03 16:22 From-Kennedy & Graven +6123379310 T-030 P.0271048 F-868 (4) SecOftd Inszance. If a ~econd instance of disorderly use .of the licensed premises occurs within three ....., " months of an incident for which a notice was provided as specified in Section 13-163, Subdivision (3), 'the City shall notify the liceDS~e ofme violation and shall ilia require the licensee to submit a YJritten report o~ the actions taken and proposed to be taken by the licensee !O prevent:funl:1er disorderly use of the premises. This writte:o report shall be submitted to the City within five days of receipt of the notice of disorderly use of the premises and shall detail all actions taken by the licensee in response to all notices of disord~ly use of the premises within the preceding three months, (5) Third Insrance.. If a third instance of disorderly use of1he licensed premises occutS within three months after any 't'Yvo previous ins'tances of disorderly use for wbich notices were provided as specified in Section 13-163, Subdivision (3), the rental dwelling license for the premises may be decied., revOked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this Subsection shall be initiated by the City by giving wrinen n<?d.ce to the licensee: of a. hearing before the City Council to consider such denial, revoca-cion, suspension or nomenewal. Th.e written notice $h:ill s:pecify all vio~tions and shall State the:: d~l'te, time, place and purpose of the hearing. The hearing shall be held no less than ten days and no morc: :rb.3.n thirty days after gi~g the notice: (6) Action o/the City CounciL Following the hearing, the City COllllcil may deny, revoke, suspend, or decline to rene"w the license for all or any pan or ps.rrs oftb.e licensed premises or may grant a license upon such teIIDS aud conditions as it deems necessary to accomplish the purposes of this Section, (7) fnszances Defined. For pUIposes of this Section, se~ond and third instances of disorderly use shall be those which: A. Occur at the same rental unit; or ~1S~j1:~ B. Involve tenCllItS at the same rental unit; or C. Involve guestS OJ'invItee::> at the same rental unit; or D. Involve guesrs or invi'tees of me: sametenaD.t; or E. Involve the same tenant. ('6) Eviction Proceedings. No adverse license aCtion shall be imposed. where the instance of disorderly use of the licensed premises OCCUlTed during the pendency of eviction proceedings (Wllaw:ful detainer) or ..vitbin thirty days of notice given by the licensee IO a 'tenant to vacate the premises where the disorderly use was related to conduct by that tetl2Jlt or by other occupants or guestS of the teD<mt's unit. Eviction proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or not renew a license based upon violations oftbis Section may be postponed or discontinued at any time ifi't appears that the licensee has taken appropriate measures which will prevent further instances of disorderly use. (9) Evidenc'/! of Disorderly Manner. A determination that the licensed premises have been. used in a disorderly manner 3.S described .in Section 13-163, Subsection (1) shall be ma.de upon substantial evidence to support this determination. It shallllOt be necessary that criIninal charges be brought in order to support a de:tcmcination of disorderly use nor sball the fact or dismissal or acquiual of such 3. criminal charge opera:te as a bar to adverse: license action under this Seccion. (10) Serving of Nodee. All notices given by the City under !his Section shall be personally served on the licensee, sent by regis'tered mail to 'the licensee) s last kno,"vn addJ.-ess, or, if neither method of service effects o.otice, by posting me notice in a conspicuous place on the licensed premises. 13-26 Jun-05-03 16:22 From-Kennedy & Graven +6123379310 T-030 P,028/048 F-868 (11) Council Acnon Nor E.'Cclusive.. Emorcement actions provided in this S~cri.on shall not be exclusive. The City Council may take any action wIth respect to a licensee, a ten<mt, or the licensed premises as is authorized by the City Code or State law. (Ord. No. 679,2-13-01) Sec. 13-164. SuspensioD, Revocation, Deni.:1.l and Non-Renewal of a License. (1) Reason for Acrion. TIle Council may revoke, suspend, deny or decline to renew any license issued under this Chapter upon any of me following grounds: A. False: statements on any applic:1tion or other infonna:ti.on or report required by this Chapter to be given by the applicant or licensee. B, Failure to pay any application, pella]:ry, reix1spection, or reinstate:tllem:fee req'lUred byTlris Chapter and resolution. C. Failure to correc;l: deficiencies noted in notices ofviol~tion in the time specified in the notice. D. Failure to comply with the pIovisiOIlS of an approved rt?itigation plan in the case of provisional licenses. E. Ally other violatio? ohllls Chapter. (2) Applicable Sections. Revocation, suspension, and non-renewal may be brought "mder either this Section or Section 13-163, or both. (3) Regu.lar License. A regular license shall be revoked, if at mid tenn, or not renewed, if at the end of a tenn, upon a finding that the premises are only eligible for a provisional license as provided in Section 13- 161. ~;;'1-:~4 (4) Written Notice. A decision to revoke, Suspend, deny or not renew a liCense shall be preceded by wrinen (~~; ;:;~:.ar-~' notice to the applicant or licensee oftb.e alleged grounds therefor and the applicam or licensee will be given an opporrunity foI' a hearing before the Ci-ty Council before fuJ.aJ. action to revoke, suspmd, deny, or not renew a license. (5) Acnon of City CounciL The City Cotmcil shall give due regard to the frequency and seriousness of viobtions, the ease with which such violations could have been cured or avoided and good fai:rh efforts to comply and shall issue a decision to deny, not renew, S'l1.Spen.cl, or revoke a license only upon written findings. The City Council may suspend or revoke a license or not renew a license for pan or all of a facility. (6) Reinsrarement of License. Upon a decision to revoke, deny, or not renew a license:; no new application for ~e same fucility will be accepted for a period of time specified'in the wrinen decision of me City Council, not exceeding one year. Such new applications musr'be accompanied by a reiDSta~ent fee, as specified by resolution., in addition to all other fees required by this Chapter. (7) No New Rentals. A wrineD. decision to revoke, suspend, deny, or not renew a license or application shall specify the part or partS of the facility to which it applies. Tb.et'eafrer, and until a license is reissued or reinstated, no ren!allltUts becoming vacan't in, such pan or parts of the facility may be relet or occupied. Revocation, suspension or non-renewal of a license: shall not excuse the owner from compliance with all terms oftbis Chaptet for as long as any u:n:i'tS in the facility are occupied. 13-21 Jun-05-03 16:23 From-Kennedy & Graven +6123379310 T-030 P.029/048 F-868 (8) Failure to Comply. Failure to comply with all tenns oftbis Chapter during the term of revocation, ..." suspension; or non-renewul is a misdemeanor and grounds for e:'<tension .of the term of such revocation or suspension or continua:tiOli of non-renewal,. or for a decision not to reinstate the license, notwithstanding ., any limitations on me period of suspension, revocation or non-renewal specified in the City Council's written decision or in Section 13-164, Subdivision (6). (Ord. No. 679,2-13-01) Sec. 13-16:5. No Retali.ation. No licensee shall evict, threaten to evict, or take any other puDitive action against any tenant by re3.Son of good faith calls made by such tenant to law enforcement agencies relating to c:rim:iDal activity, suspected c:ciminal activity, suspicious occm:reD.ces, or public safety concerns. This Section shall not prohibit the eviction of tE:JJaIlts from a dwelling unit for unlawful conduct of a 'tenant or invitee or viola:tion of any rules, regclations or lease terms other than a prohibition against comacti.ng law enforcement agencies. (Ord. No. 679, 2-13-01) . ~'If~\.~:.; \{}~:~?::f 13-28 Jun-05-03 lS:23 From-Kennedy & Graven +6123379310 T-030 P.030/048 F-8S8 . COMMUNITY DEVELOPMENT DEPARTMENT - City of Crystal Building Inspection Division 4]41 Douglas Drive N, CIystal, MN 55422 Telephone: (763) 531-1000 I Facsimile: (763) 531-1188 Deaf and Hard of Hearing callers should contact the Minnesota Relay Service at 1-800-627-3529 VrrTY CERTIFICATE OF HOUSING MAINTENANCE CODE COMPLIANCE To comply with the city's Housing Maintenance Code, an inspection is required prior to any change in ownership of single and two-family homes. The purpose of this inspection is to provide a method in which to prevent adverse conditions and help maintain the value of existing properties. A Certificate of Housing Maintenance Compliance will be issued upon satisfactory completion of any orders written at the in:~pection. This certificate is required at the closing on the sale of the property. For a copy of the inspection checklist, please see the "Housing Maintenance Code Inspection Checklist." This checklist may be used as a guide to correct items before the inspection, however it is best to check with city staff about required permits and city code regulations before beginning any corrections. APPLICATION PROCESS The property owner must submit an Application for Housing Maintenance Compliance and appropriate fee. Fees are as follows: Single-family dwelling $100.00 Two-family dwelling $120.00 INSPECTION })ROCESS Once the Application for Housing Maintenance Compliance and appropriate licensing fee have been received, the property owner or designated agent will be contacted to schedule the initial inspeclion. This individual must be present during all inspections. If it is not possible for you to meet the inspector for the inspection, arrange for your realtor to meet the inspector at the property. Eyen ifthe property has a lock box, the law prohibits any inspector from entering a property unsupervised, unless it is cleared of all personal property. Jun-05-03 16:23 From-Kennedy & Graven +6123379310 T-030 P,031/048 F-868 ~ , After the initial inspection has been completed, any correction orders will be given to the property owner or designated agent. Correction orders must be completed within 60 days of the initial inspection. Once the orders are completed, contact the Inspection Department at 763-531-1000 to schedule are-inspection. RECEIPT OF CERTIFICATE OF HOUSING MAINTENANCE COMPLIANCE The Certificate of Housing Maintenance Compliance will be mailed to the designated individual listed on the application form. This certificate is required to be presented at the closing on the sale of the property and is valid for one year from the date of issuance, unless indicated otherwise. It is the responsibility of the property owner and/or the designated agent to notify the Housing Division if the owner decides not to sell the propeny. The property will continue to be classified as pending completion of Housing Maintenance Code Compliance, unless notified otherwise. Jun-05-03 16:24 From-Kennedy & Graven +5123379310 T-030 p.o321048 F-858 ~ - * CO~TYDEVELOPMENTDEPARTMENT City of Crystal Building Inspection Division 4141 Douglas Drive N, Crystal, MN 55422 Telephone: (763) 531-1000 I Facsimile: (763) 531-1188 Deaf and'Hard of Hearing callers should contaCt the Minnesota Relay Service at l-ROO-627-3529 V/TTY RENTAL LICENSING To comply with the city's Housing Maintenance Code, all rental dwellings must be licensed and inspected annuully. The purpose of these procedures is to ensure a safe and healthy environment for all occupants. All rental units must have valid rental license prior to occupancy. For a copy of the inspection checklist, please see the "Housing Maintenance Code Inspection Checklist." This checklist may be used as a guide to correct items before the inspection, however it is best to check with city staff about required permits and city code regulations before beginning any corrections. APPLICATION PROCESS The property owner must submit an Application for Rental Dwelling License and appropriate licensing fee. License fees are as follows: Single-family dwelling $100.00 Two-family dwelling $120.00 Multi-family dwelling $120.00 per building and $5.00 per unit INSPECTION PROCESS Once the Application for Rental Dwelling License and appropriate licensing fee have been received, the property owner or designated manager will be notified by mail of the initial rental inspection. This individual is responsible for notifying the tenants and must be present during all inspections. After the initial inspection bas been completed, any correction orders will be given to the property owner or designated manager- Correction orders must be completed within 60 days of the initial inspection. Once the orders are completed, contact the Inspection Department at 763- 531-1000 to schedule are-inspection. RECEIPT OF RENTAL LICENSE Jun-05-03 16:Z4 From-Kennedy & Graven +61Z3379310 T-030 P.033/048 F-868 - .. Upon satisfactory re-inspection by the Housing Inspector, the rental license will be submitted to the City Council for approval and issued within 30 days. The rental license will be mailed to the property owner, unless specified otherwi.se. This l'entallicense must be posted at the rental dwelling. The l'entallicense is valid for one year from the date of issuance, unless indicated otherwise. Occupant contact information is also required on site, for easy access by the property owner, manager, or City Officials, if necessary. This occupant contact information should include the name(s) of all occupants per unit, dwelling unit number, and telephone number. ANNUAL LICENSE RENEWAL A Rental License Renewal Application will be sent out approximately 60 days prior to the current license expiration. TIle renewal application and appropriate licensing fee mUst be returned by the date indicated on the application. Upon receipt of the renewal application and appropriate licensing fee, the property owner or designated manager will be notified by mail of me initial rental inspection and the inspection process will begin for the upcoming year. The inspection process must be initiated prior to the expiration of the current license. lfthe property has ceased to be a rental dwelling, it is the responsibility of the property owner to notify the Housing Division. The property will continue to be classified as a rental dwelling, unless notified and failure to submit the necessary renewal application without notification may result in penalty. TRANSFER OF RENTAL LICENSES Rental licenses are non-transferable. lfthere is a tranSfer in ownership of the property, it is the responsibility of the ()wner to notify the Housing Division. Upon notification, the remallicense would become void and a new Application for Rental Dwelling License would be required by the new owner. http://crysral.govoftiCc.comlvcnicaIlSites/l433S EAE6-DE23-4COD.SA 7C-FED3 79590A1D )iupl0:ldsl {31 B7CC3 7.BC6C.4BCC-A03A- EBCDB:2302124} .DOC Jun-05-03 From-Kennedy & Graven +6123379310 T-030 P,034/048 F-868 COMMUNlTY DEVELOPMENT DEPARTMENT HOUSING DIVISION 4141 Douglas Drive North Phone (763) 531-1000 Crystal, MN 55422 Fax (763) 531-1188 Deaf a/ld liard of IJcating callers sl.ould contact lhe Mi"1Ieiola Relay Service ar (800) 627-3529 Vary. I APPLICATION FOR RENTAL DWELLING LICENSE I Please print or type 1. Address(es) of dwelling(s): 2. Name of dwelling or complex, if any: .. Name, address, phone of each owner/partner/corporate officer (Section 425.17 Subd. 5): (must be filled ;J. out completely) Name Address City State Zip Phone # 4. Name, address, phone of vendee, if property is being sold through contract for deed: 5. Name, address, phone of designated resident agent, if any; (Section 425.17 Subd. 7): (An operating license will not be issued or renewed for a nonresident owner of rental dwelling units unless the owner lists a resident agent.) 6. Describe procedure through which tenant inquiries and complaints are to be processed. Include name, address, phone of caretaker(s) or manager(s) on the premise (notify city of any changes): 7. Type of dwelling: A_Single family B._Two family c._Townhouse D._Multiple family Jun-05-03 16:24 From-Kennedy & Graven +6123379310 T-030 P.035/048 F-868 - 8. N umber and type of dwelling units: _efficiency units _3 bedroom units - 1 bedroom units _ 4 bedroom units _2 bedroom units - TOTAL DWELLING UNITS 9. Fee calculation: If a unit is owner occupied and a current Homestead Declaration has been filed with the assessor, indicate which unit that is: . Do not include that unit in the calculation. If the unit is rented later, it must be licensed and a fee paid. Annual fecs are: Single familv homes @ $100.00 Duplexes. triolexes @ $120.00 per structure. (The $100.00 single family fee will apply to a duplex when one unit is owner occupied and homesteaded and the other unit is rented.) Multiole family. including rental townhouse complexes @ $120.00 per building plus $5.00 per unit. 10. Notice to applicants: A. The Housing Official must be notified in writing within five business days of any transfer of legal control (Section 425.17 Subd. 11) and/or of any change of infonnation in this application (Section 425.17 Subd. 6). B. Owner(s) of multiple dwellings must post the license or certificate thereof (Section 425.17 Subd. 10) and must maintain an occupancy register (Section 425.17 Subd. 12). C. Copies ()fthe Crystal Housing Maintenance Code are available from the city. Owners, agents, and managers should be familiar with its provisions. 11. Application: THE UNDERSIGNED HEREBY APPLIES FOR A RENTAL DWELLING LICENSE AS REQUIRED BY CITY ORDINANCE: ACKNOWLEDGES THAT THE PROVISIONS OF TIlE HOUSING MAINTENANCE CODE, SECTION 425, HA VE BEEN REVIEWED AND ATTESTS THAT THE SUBJECT PREMISES WlLL BE OPERATED AND MAINTAlNED ACCORDING TO THE REQUIREMENTS CONTAINED THEREIN, SUBJECT TO APPLICABLE SANCTIONS AND PENALTIES. THE UNDERSIGNED FURTHER AGREES THAT THE SUBJECT PREMISES MAYBE INSPECTED BY THE HOUSING OFFICIAL AS PROVIDED IN SECTION 425.16 SUBD. 10 OF THE ORDINANCE. THE APPLICANT FURTHER CERTIFIES THAT ALL STATEMENTS AND FACTS IN THlS APPLICATION ARE TRUE AND AUTHORIZES THE CITY OF CRYSTAL TO lNVESTIGATE ANY OR ALL STATEMENTS OR FACTS CONTAINED HEREIN ACKNOWLEDGING THAT THE MISREPRESENTATION OR THE OMISSION OF FACTS CALLED FOR WILL BE JUST CAUSE FOR THE SUSPENSION OR REVOCATION OF THE LICENSE. Signature; Date: Owner I Resident agent J ~NT i\L\Fonns\l\ElolT ....PP.DOC Jun-05-03 16:25 From-Kennedy & Graven +6123379310 T-030 P.036/048 F-868 . . Crystal City Code 420.01 Section 420 - Housing and redevelopment 420.01. Houslne: and redevelopment authoritv: membership. The commissioners of the housing and redevelopment authority of the city of Crystal will consist of no more than three members of the city cOlmcil and no less than two other residents of the city, all of whom are appointed by the mayor with the approval of the city cowlcil. For tile purposes of this ordinance, the mayor is a member of the council. 420.03. Vacancies. If a member of the city council who is a commissioner vacates the office of councilmember, or if the councilmember completes the term of office and is not re-elected to the office, the council must declare the office of commissioner vacant, and the vacancy is to be filled by appointment for the uncompleted portion of me term. The person so appointed need not be a councilmember. 420.05. Authority. This ordinance is enacted pursuant to the provisions of Laws of Minnesota 1974, chapter 124, and the Minnesota housing and redevelopment act. (NOTE: This section is included for informational purposes only. The Crystal economic development authority exercises the powers of the housing and redevelopment authority.) G Section 425 - Housing: maintenance code 425.01. Short title. This section may be cited as "The city of Crystal housing maintenance code", or the "housing code". 425.03. Policy: plll'Pose: intent. Subdivision 1. Policy. It is the policy of the city to enhancc the supply of safe, sanitary and adequate housing for its citizens and to prevent the deterioration of existing housing in the city. Subd. 2. Pumose. The purpose of the housing code is to CarI)' out the policy stated in subdivision 1 by establishing minimum standards, and procedures for their enforcement consistent with the right to personal privacy, for the protection of life, limb, health. property, safety, and welfare of the general public and the owners and occupants of residential buildings. Subd.3. Obiectives. The objectives of this code include, but are not limited to, the following: Jun-05-03 16:25 From-Kennedy & Graven +6123379310 T-030 P.037/048 F-868 Crystal City Code 425.03, Subd. 4 a) Protection and preservation of the stability and residential character of residential areas in the city. b) The prevention and correction of housing conditions that adversely affect the life, safety, health and general well being of persons occupying dwellings in the city. c) The establishment of minimum standards for light, ventilation, cooling, heating and sanitary equipment necessary to insure the health and safety of occupants of dwellings. d) The establishment of minimum standards for the maintenance of residential dwellings, both owner occupied and rental dwellings. e) The prevention of the emergence of blighted and deteriorating housing in the city. f) The prevention of overcrowding of rental dwellings. g) The preservation of the value of land and buildings in the city. Subd. 4. Intent; relation to the provisions of city code. The city council intends that the housing code be an integral part of the city's program of health, safety, building, and land use regulation. This code is to be construed liberally in conjunction with other provisions of the ciLY code to give effect to the policy, purpose, and objectives of this section, but is not to be constrUed to modify, amend or otherwise alter the provisions of the city code relating to health, safety, building or land use regulation. 425.05. AdoPtion of unifonn housing code bv reference. Subdivision 1. Code adoPted. Chapters 4, 5, 6, 7, 8, 9 and 10 of the uniform housing code, 1988 edition (the "Uniform Housing Code'') published by the intemational conference of building officials is, except as modified or amended herein, adopted by reference and is made a part of this code as iffully set out at length. Subd. 2. ~ on file. One copy of the unifonn housing code., together with a copy of this code, each marked "official copy", must be kept 011 file in the office of the city clerk and available for public inspection. The clerk and the building inspector must keep a reasonable number of additional copies of the uniform housing code and this code available for use and inspection by the public at reasonable times. 425.07. Definitions. Subdivision 1. General. For purposes ofthis code the terms defined in this section have the meanings given them. Subd. 2. "Dwelling" means a building or a porrion of a building designed for residential occupancy: the renn includes single family, two family and multiple family dwellings but does not include hotels, motels and boarding houses. Jun-05-03 16:25 From-Kennedy & Graven +6123379310 T-030 P,038!048 F-868 Crystal City Code 425.07, Subd. 3 Subd. 3. "Dwelling unit" means (i) a single family dwelling and (ii) a discrete portion of a dwelling designed for occupancy by one family. Subd.4. "Common Areas" means halls, comdolS, passageways, utility rooms, recreational rooms and extensive landscaped areas, not under the exclusive control of one person or family, in or adjacent to a multiple dwelling. Subd.5. "Owner", "owner-operator'\ or "operator" means any person,:firm or corporation who alone or jointly or severally with others is in acroal possession of or has charge, care or control of a dwelling or dwelling unit in the city as owner, employee or agent of the owner or as trustee or guardian of the estate or the person of the title holder, and such person is bound by the provisions of this code to the same extent as the owner. Subd. 6. ''Repair'' means to restore to a sound acceptable state of operation, serviceability or appearance. Subd. 7. "Replace" means to remove an existing item or portion of a system and to constnlCt or install a new item of similar or new quality as an existing item when new when repair of the item is impractical. Subd. 8. "Cod~" or "dlis code" means the housing maintenance code; "city code" means the Crystal city code of ordinances; "building code" means chapter IV of the city code; "zoning code" means the city code, appendix 1, section 515. Subd. 9. '''Housing official" means the city officer or officers in the department of protective inspection and other city departments designated by the city manager to administer this code. Subd. 10. The terms "compliance official" and "corporation counsel" where those tenus are used in the unifonn housing code mean the city manager and the city attomey, respectively. Subd. 11. Relation to other code defmitioJls. Except as expressly provided in this code, words, terms, and phrases ustld in this code have the meanings given them by the city code. In cases where conflicting definitions of a word, term, or phrase make its precise meaning unclear in its application to particular facts, the city manager is authorized to resolve the conflict subject to the provisions of subsection 425.27 relating to appeals. 425.09. Aoplication. Subdivision 1. General. This code applies to buildings., their premises, accessory structures thereto, and dwelling units therein, used or designed to be used for human habitation. Subd. 2. Existing buildings. A building lawfully existing under the building code must conform to this code. A building need not be altered or changed to exceed the requirements of the building code ill effect at the time of its construction, except in the following cases: Jun-05-03 16:Z6 From-Kennedy & Graven +61Z3379310 T-030 P.039/048 F-868 Crystal City Code 425.11 a) if the building is altered or enlarged pursuantto the building code; b) if the building is moved or relocated; or c) if the building is determined to be unsafe or hazardous by the building inspector pursuant to the building code or state law. Occupancy in buildings lawfully existing under the building code may be continued under this code. 425.11. Duties of owners and occupants. Subdivision 1. Sanitation. The occupant ofa dwelling or dwelling unit must maintain in a clean and sanitary condition That pan ofthe dwelling, dwelling unit and yard that the occupant occupies and controls; and is responsible for the occupant's own misuse of areas and fa.cilities available in conunon. TIle owner or operator of a two-family dwelling or multiple dwelling must maintain in a clean and sanitary condition the shared or public areas of the dwelling and yard. The occupa.nt of a dwelling unit must keep all supplied facilities, including plumbing fixtures and cooking equipment, in a clean and sanitary condition and is responsible for the exercise of reasonable care in their proper use and operation. Subd. 2. fu:.mgval of waste matter and recyclable materials. The occupant of a dwelling unit must dispose of rubbish, ashes, garbage and other organic waste in a clean and sanitary manner as provided by section 605 of the city code. The owner or operator of a multiple dwelling is responsible for the clean a.nd sanitary maintenance of common storage or disposal facilities and must dispose of rubbish in a clean and sanitary manner as provided in section 605 of the city code. 1'he owner or operator of a multifamily dwelling containing more than eight units must comply witb the requirements of subsection 650.19 of the city code. Subd. 3. Pest extermination. The occupant of a single dwelling unit is responsible for the extermination of vermin infestations or rodents on the premises. The occupant of a dwelling unit in a building containing more than one dwelling unit is responsible for such extermination when the dwelling unit is infested. When infestation is caused by The failure of the owner or occupant to maintain a building containing dwelling units in a reasonably rodent-resistant or reasonably vermin-resistant condition, pest extennination is the responsibility of the owner or operator. After extermination, it is the responsibility of the owner or occupant, as the case may be, to correct such maintenance or other problems as designated by appropriate city officials to eliminate the source of the infestation. If infestation exists in two or more dwelling units in any dwelling., or in the shared or public parts of any dwelling containing two or more dwelling units, pest extcnnination is the responsibility of the owuer or operator. Subd. 4. Heat. The owner or operator of a building containing two or more dwelling units must supply facilities capable of providing adequate heat to every habitable room therein; for the purposes of this subdivision "adequate heat" means heat sufficient to maintain a temperarure of 70 degrees F. at a height of three feet above the floor in all habitable rooms, bathrooms, and water closet compartments. Jun-05-03 16:26 From-Kennedy & Graven +6123379310 T-030 P.040/048 F-868 . Crystal City Code 425.11, Subd. 5 SuM. S. Utilitic~. Except as otherwise provided by law, an owner, operator or occupant may not cause service equipment or utility service that is required by this code to be removed, shut off or discontinued for any occupied dwelling let or occupied by that person, except for such temporary interrUption as may be necessary while actual repairs or alterations are in process or during temporary emergencies. Subd.6. Transfer of responsibility. A con'tract between owner and operator, operator and occupant, or owner and occupant, with regard to compliance with this code, does not relieve the owner or operator of a duty imposed by this code. Subd. 7. Notice of maximum occupancY. An owner or operator must advise the occupant, in writing, by insertion in the lease between the parties or otherwise, of the maximum number of occupants permined in occupied premises subject to this cock. 425.13. Sale of property: certificate of inspection. Subdivision 1. Aoolication. TIle owner of a strllcture containing one or two dwelling units must, prior to tile execution of a document providing for the conveyance of the StrUcrore, furnish to the prospective buyer thereof, and obtain from tile buyer a signed receipt therefor, a copy of a certificate of compliance issued by the housing official within one year preceding the dale of tile execution of the document of conveyance. Subd. 2. Form of certificate. The housing official must issue a certificate of compliance to the owner within IS days after gaining access to the interior of all strUctUres on the subject property when: a) the OWl1er or the owner's authorized agent has applied in writing to the housing official, giving consent to such inspection, and the owner or agent has agreed to a time during normal city working hours at which the subject propeny will be available for inspection, and has paid the inspection fee set forth in appendix IV; and b) the housing official has inspected the structure and grounds and has noted any conditions found during the inspection which are in violation of the city code. Subd.3. Compliance. The certificate of compliance must contain a compliance order if the housing official has determined that the issuance of an order is required. The owner is responsible for the corrections required by the compliance order. Subd. 4. Alternative orocedure: disclosure. As an alternative to the certificate of compliance described in subdivision 1, the owner ofa single or two-family dwelling may provide to a prospective buyer at the date of execution of any document providing for tile conveyance of such a building a wrinen disclosure statement on a fonn provided and completed by the housing official, setting forth those conditions in the building which, if not corrected, will constitute a major structural defect or an immediate danger to the health and safety of the occupant, or which if not corrected will constitute a violation of this code. In such a case, tlle buyer is presumed to 11ave purchased with notice of such condition and is responsible for the corrective action required by a compliance order. Jun-05-03 16:27 From-Kennedy & Graven +6123379310 T-030 P.041/048 F-868 Crystal City Code 425.13, Subd. 5 Subd. 5. Certificates: disclosure statements: filing. A copy of the certificate of compliance or disclosure statement m1llot be filed with the housing official. A prospective buyer may not occupy a dwelling unit that is the subject of a compliance order until the filing has been made. If the owner or buyer files an affidavit with the housing official setting forth the date by which the corrective action directed by the compliance order will be completed. occupancy is permitted pending completion of the corrective a~on specified in the compliance order unless the dwellmg unit has been declared Wlfi.t for human habitatIon pursuant to subsection 415.25. Subd. 6. Effect of certificate or Statement. Nothing in the certificate of compliance or the disclosure Statement described in subdivision 4 is to be construed as a representation by the city or the housing official that the dwelling meets miniroum housing and building standards of the city. Subd. 7. Prohibition. It is unlawful for an owner to convey a dwelling without providing to the buyer a certificate of compliance or a disclosure statement as required by this section. This section does not apply to conveyances to a public body, conveyances by a public or court officer in the perfoIlDance of the officer's duties, or conveyances by a person acting under the direction of court order, e..-<<:ept for conveyances ordered by a probate court. 425.15. Administration. enforcemen~ inspection. Subdivision 1. Administration and enforcement. The city manager is responsible for the administration and enforcement of this code and the supervision of the housing official. Subd. 2. Compliance. When the housing official determines that there exists in a building or a portion thereof conditions that constitute a violation of this code, the housing official may begin enforceme.nt procedures under subsection 425.25. 425.17. Licensing ofn..-ntal units. Subdivision 1. General role. It is unlawful to operate a rental dwelling without fIrst baving obtained a license. The license is issued each year and cxpires on the anniversary date of issuance. An application for license renewal must be filed at least 90 days prior to license expiration date. Subd. 2. ~lication. This subsection establishes minimum standards for maintaining rental dweIJings, dwelling units, accessory Stnlctures and related premises. A building and its premises used in whole or in part as a home or residence, or as an accessory structure thereto, for a single family or person, and a building used in whole or in part as a home or residence of t\Vo or more persons or families living in separate units must conform to the requirements ofthis section without regard to when the building may have been constructed, altered, or repaired. This subsection is intended to provide standards for licensed rental housing and to provide standards to allow resolution of complaints regarding licensed rental housing. Subd.3. License. Subdivision 1. Fees. License fees are due 60 days prior to the license expiration date. In the cases of new unlicensed dwellings, license fees are due upon issuance of the certificate of occupancy . In the cases of licensing periods of less than two years, license fees are prorated monthly. License fees are set in appendix IV. Jun-05-03 16:27 From-Kennedy & Graven +6123379310 T-030 P. 042/048 F-868 Crystal City Code 425.17, Subd. 4 Subd. 4. Conditions. A license is nontransferable. The license fee is not refundable upon revocation or suspension. The license fee is refundable, prorated mondlly, upon proof of transfer of legal control or ownership. Subd. 5. Application: information. Applications fOf a license or renewal of a license must be made by the owner of a fental UlUt. Application forms are filed with the housing official. The applicant must supply: a) name, address, and telephone number of dwelling owner, owning partners if a partnership, corporate officers if a corporation; b) name, address and telephone number of designated resident agent, if any; c) name, address and telephone number of vendee, if the dwelling is being sold through a contract for deed; d) legal address of the dwelling; e) number of dwelling units within the dwelling; and t) description of procedure by which tenant inquiries and complaints are to be processed. Subd. 6. Notice of change. The licensee must give notice in writing to the housing official within five business days after any change of the information in the application. Notice of transfer of ownership is governed by subdivision 11. Subd. 7. Resident agent required. An operating I icense will not be issued or renewed for a nonresident owner of rental dwelling units (an owner who does not reside in any of the following Milmesota. counties: Hennepin. Ramsey, Anoka, Carver, Dakota, Scon. or Washington) unless the owner designates in writing the name of a resident agent (an agent who does reside in any of the following Minnesota counties: Hennepin, Ramsey, Anoka, Carver, Dakota, Scon, or Washington) who is (i) responsible for maintenance and upkeep, (H) legally conStituted and empowered to receive service of no rice of violation of me provisions of the city ordinances, to receive orders and to institute remedial action to effect such orders, and (iii) to accept service or process pursuant to law. The housing official must be notified in writing by the owner of a change of resident agent. Subd. 8. Confonnance to laws. An operating license will not be issued or renewed unless the rental dwelling unit and its premises confonn to this section, the ordinances ofdle city and the laws ofdle state of Minnesota. Subd. 9. Inspection condition. An operating license will not be issued or renewed unless the owner of the rental unit agrees in the application to pennit lnspections pursuant to subdivision 1 S. Subd. 10. Postin!! of license. The license of a building containing three or more dwelling units must conspicuously post the current license in the main entry or odler conspicuous location in a frame with a glass Of plastic cover. Jun-05-03 16:27 From-Kennedy & Graven +6123379310 T-030 P.043/048 F-868 Crystal City Code 425.17, SuM. 11 (Rev. 2001) Subd. 11. Trmlsfer. The licensee must give notice in writing to the housing official within five bl.lSiness days after having legally transferred or otherwise disposed of the effective control of licensed rental dwelling. The notice must include the name and address of the person succeeding to the ownership or control of the rental dwelling or dwellings. For purposes of this subsection the term "effective control" means that control exercised over property by a business proprietor, whether as owner or lessee or by an owner or lessee of other property. Subel. 12. OccuEancy re~ster reQuired. The owner of a licensed rental dwelling containing one or more dwelling units must keep a CWTent register of occupancy for each dwelling unit The register must provide the foHowing infonnation: a) dwelling unit address; b) number of bedrooms in dwelling unit; c) names of adult occupants and number of adults and children (under 18 years of age) currently occupying the dwelling \lllits; d) dates renters occupied and vacated dwelling units; e) a chronological list of complaints and requests for repair by dwelling unit occupants, which complaints and requests are related to the provisions of this section; and f) a similar chronological list of corrections made in response to requests and complaints. . The register must be avuilable for viewing or copying by the housing official at reasonable timeS. Subd. 13. License suspension or revocation. An operating license is subject to suspension or revocation by the council if the licensed owner fails to operate or maintain licensed rental dwellings and unitS therein consistent with this section and the law. If an operating license is suspended or revoked by the council, it 1S unlawful fOT the owner to permit new occupancy of vacam rental units until a valid opetating license is issued by the council. Subd. 14. Enforcement~ inspection authority. The housing official administers and enforces the provisions of this subsection. The housing official may inspect on complaint, change in ownership, or otherwise when reason existS to believe that a violation of this subsection has been or is being committed. TIle housing official Jnay seek warrants authorizing the inspection of property. Inspections must be conducted during reasonable daylight hours. The housing official must present evidence of official authority to the occupant in charge ofa licensed dwelling unit. (Amended, Ord. No. 2001-04, Sec. 3) Subd. ) 5. Inspection access. If an owner, occupant, or other person in charge of a dwelling unit licensed under this section fails or refuses to permit free access and entry for inspection purposes, the housing ?fficial. may, upon a showing of probable cause, obtain orders from a court of competent jurisdiction for the Inspectlon. Jun-05-03 16 :28 From-Kennedy & Graven +6123379310 T-030 P.044/048 F-868 CI)'stal City Code 425.19 425.19. Minimum requirements~ implementation standards; policies. Subdivision 1. Minimum r~uireroents. The minimum requirements imposed by this code include those standards or requirements in effect on the dare ofthe construction of a building subject to this code. It is not the intention of this code to require all buildings to be upgraded to meet all requirements of the present building code. Subd. 2. Implementation standards. In administering this code, the housing official will treat the following as conditions constituting an immediate bazard to health and safety: a) heating systems that are unsafe due to: burned out or rusted out heat exchangers (fIre box); burned out or plugged flues; not being vented; being connected with unsafe gas supplies; or being incapable of adequately heating the living space; b) water beaters that are unsafe due to: burned out or nlsted out heat exchangers (fire box); burned out, rusted out, or plugged flues; not being vented; being cOlmected with unsafe gas supplies; or Jack oftemperamre and pressure relief valves; c) electrical systems that are unsafe due to: dangerous overloading; damaged or deteriorated equipment; improperly tapped or spliced wiring; exposed uninsulated wires; distribution system') of extension cords or other temporary methods; ungrounded systems; ungrounded appliances in contact with eartl1; d) plmnbing systems that are unsanitaIy due to: leaking waste systems fixmres and traps; lack of a water closet; lack of washing and bathing facilities; or cross cormection of pure water supply with fih"tuTeS or sewage 1ine~ e) structural systems, walls, chimneys, ceilings, roofs, foundations, and floor systems, that will not safely carry imposed loads; f) Tefuse, garbage, human waste, decaying vermin or other dead animals, animal waste, other materuals rendering it unsanitary for human occupancy, including lack of light and air; g) infestation of rats, insectS, and other vermin. Subd.3. Implementation policies. The city council will, upon recommendation of the city manager, adopt by resolution policies aDd guidelines for the implementation and administration of this code. These policies and guidelines must include, but are not limited to, standards and guidelines relating to: a) procedures for housing inspections; b) proper disposition of information gathered in connection with housing inspections; c) conditional occupancy of housing during periods needed for compliance; Jun-05-03 16:28 From-Kennedy l Graven +6123379310 T-030 P.045/048 F-868 Crystal City Code 42521 d) methods of encouraging the correction of deficiencies by cooperation betWeen owner and proposed and current occupants. 425.21. ReportinlZ: forms: records. The housing official must prepare forms and certificates necessary to cany out the provisions of this code. The housing official muSt, in cooperation with the city and the Crystal economic development nudlority (EDA) staffs, design appropriate systems of accumulating or organizing and cataloging data relating to the condition, adequacy, and availability of residential housing in the city and must report on these matters from time to time to the BOA and at its request. The official's report must also contain reconunendations for modifications in the provisions of this code and its adminisn-ation. 425.23. Hazardous conditions: built-in deficiencies: procedure. Subdivision 1. Procedure. If the housing official determines that there exiStS in a buildin~ a condition that constitutes an immediate hazard to dle health and safety of its occupants, the offlCial may: a) issue a compliance order requiring inunediate compliance if the condition ca.n reasonably be corrected; b) proceed against the building pursuant to applicable state laws relating to hazardous or tUlsafe s1roctures; or c) recommend that the city council proceed to correct the condition by abating it as a nuisance under Minnesota Statutes, section 429.101, and this clause is to be construed as authorizing the imposition and biHing of charges for the cost thereof and the assesSIncmt of unpaid charges against the property on which the building is located in the manner provided by Minnesota Statutes, section 429.101. Subd. 2. Built-in deficiencies. It is derennined that cenain conditions within existing buildings, lawful at the time of the constmction ofth.e building, may not comply with the minimum requirements of this code. Such conditions are herein referred to as "built-in deficiencies", and the housing official, in administering this code, must consider the following built-in deficiencies as being beyond reasonable correction: a) Ceilini! hei~hts: An existing habitable room with less than a seven foot six inch ceiling height. b) Superficial floor area: An existing habitable room of less than 90 square feet. c) Namrallia:ht and ventilation: An existing habitable room with window area less than 10% of the floor area; provided, however, that in no case may the required area of light and ventilation be less than 5% of the floor area. 425.25. hlSpections. Subdivision 1. Records. Inspections must be conducted during reasonable hours. The housing official must present evidence of authority to the owner or occupant in charge of a dwelling unit. Subject to the provisions of law, the housing official mllst keep evidence. exclusive of the inspection records, discovered or obtained in the cotu'Se of an inspection confidential. Jun-05-03 16:29 From-Kennedy & Graven +6123379310 T-030 P.046/048 F-868 . Crystal City Code 425.25, Subd. 2 Subd. 2. Unfit for human habitation. A dwelling, dwelling unit or rooming unit or portion thereof that is damaged, decayed, dilapidated, unsanitary, unsafe, vermin or rodent infested or which lacks provision for basic illumination, ventilation or sanital)' 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. If a dwelling, dwelling unit or rooming unit has been declared unfit for human habitation, the housing official must order the dwelling or unit vacated within a reasonable time and post a placard on dwelling or unit indicating that it is unfit for human habitation. An operating license previously issued for the dwelling or unit will be revoked pursuant to law. Subd. 3. Correction. It is unlawful to use a dwelling, dwelling unit or rooming unit or portion thereof for human habi~Ltion until the defective conditions have been corrected and written approval has been issued by the hotlsing official. It is unlawful1:o deface or remove the declaration placard from a dwelling, dwelling unit or rooming unit. $ubd. 4. Secure unfit and vacated dwel1i~. The owner of a dwelling, dwelling unit, or rooming unit that bas been declared unfit for human habitation or that is otherwise vacant for a period of 60 days or more must make the same safe and secure so that it is not ha2aI'dous to the health, safety and welfare of the public and does not constitute a public nuisance. A vacant dwelling open at doors, windows, or wall opening, if wlguarded, is deemed to be a hazard to the health, safety and welfare of the public and a public nuisance within the meaning of this section. Subd. S. Hazardous building declaration. If 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 may be removed, razed or corrected pursuant to the provisions of Minnesota Statutes, sections 463.15 to 46326. Subd. 6. ComeJiance procedure. Subdivision 1. Order. If tbe housing official determines that a rental dwelling. rental dwelling unit or rooming unit or portion thereof is in violation of an order or this code, the housing official may issue a compliance order setting forth the violations of such and ordering the owner occupant, operator or agent to correct such violation. The compliance order must: a) be in writing; b) describe the location and narure of the violations of this section; c) establish a reasonable time for the correction of the violation and notify the owner of appeal procedures; d) be served upon the owner, the owner's agent, or the occupant, as the case may be: the notice is deemed to be properly served upon owner or agent, or upon any such occupant, if a copy thereof is: 1) served upon the owner or agent; or 2) sent by registered mail to the owner or agent's last known address; or Jun-05-03 16:Z9 From-Kennedy & Graven +61Z3379310 T-030 P.047/048 F-868 . Crystal City Code 425.27 3) upon failure to effect notice through a) or b) as set out in this section, service may be made pursuant to Minnesota Statutes, section 463.17, subdivision 2, which reads as follows: I' Service. nus order will be served upon the owner of record, or his agent if an agent is in charge of the building, and upon the occupying tenant, if there is one, and upon all lien holders of record, in the manner provided for service of a summons in a civil action. if the owner cannot be found, the order will be served upon them by posting it at tbe main entrance to the building and by four weeks' publication in the official newspaper of the municipality if it has one, otherwise in a legal newspaper in the county"; or 4) pursuant to Minnesota Statutes, section \45A.04. 425.27. Appeals: right of appeal. When it is alleged by a person to whom a compliance order is directed that the compliance order is based upon erroneous interpretation of this section or upon a misstatement or mistake of fact, that person may appeal the compliance order to the city manager. The manager must forward the reconunendation to the city council within 30 days after receipt of this appeal. The appeal (i) must be in writing, (ii) must specify the grounds for the appeal, and (iii) must be filed with the housing official within five business days after service of the compliance order. The filing of an appeal stays proceedings in furtherance of the action appealed from unless such a stay in the judgment of the housing official would cause imminent peril to life, health or property. Thc city council must act promptly on the manager's recommendation and the manager's recommendation may be reversed, modified or affmned in whole or in pan by the council. The council's disposition of the appeal is tinal. 425.29. Restrictions 011 transfer of ownership. It is unlawful for the OW1'ler of a dwelling, dwelling unit or rooming unit upon whom a compliance order has been served to sell, transfer, mortgage or lease or otherwise dispose of the dwelling, dwelling unit or rooming unit to another person until the compliance order has been complied with, unless the owner furnishes to the grantce, lessee or mortgagee a we copy of any notice of violation or compliance order and obtains and possess a receipt of acknowledgement. A person obtaining an interest in the dwelling, dwelling unit or rooming unit who has received notice of the existence of a compliance order is bound by the order without further notice and is subject to the penalties and procedures provided by this SectiOll. 425.31. Execl\tion of compliance orders. 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 after due notice to the owner may by resolution cause the cited deficiency to be remedied as set forth in the compliance order. The cost of such remedy is a lien against the subject real estate and may be levied and collected as a special assessment in the manner provided by Minnesota Statutes, chapter 429, for any of the reasons set forth in subsection 429.101, subdivisiolll, and specifically for the removal or elimination of Jun-05-03 16:29 From-Kennedy & Graven +6123379310 T-030 P.048/048 F-868 CryStal City Code 425.33 public health or safety hazards from private property. The assessment will be payable in a single installment. It is the intent of this section to authorize the city to utilize all of the provisions of subsection 429.101 to promote the public's health. safety and general welfare. 425.33. Violations: penalties. Subdivision 1. General. It is unlawful [0 erect, constrUct, enlarge. alter. repair, move, improve, equip, use, occupy or maintain any building or strUcture within the city contrary to the provisions of this code. Subd. 2. Non-coffioliance. Failure to comply with a lawfully issued compliance order is a violation of this code.