5.4. SR 12-13-2010Item # 5_4.
MEMORANDUM
TO: Mayor and City Council
FROM: Bob Ruprecht, Building Official
DATE: December 13, 2010
SUBJECT: Building Safety Division Update
The City recently implemented a rental inspection and licensing program. In 2010 rental
licenses were voluntary for property owners and no fee was attached to the license. The
Council requested a one year follow-up discussion to determine how to proceed for 2011.
Rental licensing has been very time consuming and I would like to discuss how to proceed in
the future with regard to fees and ordinance questions. Another question has been raised
regarding our ordinance that states all rentals must be licensed but we have a number of
zoned single family dwellings that have been converted into multiple dwellings. Our
ordinance allows for only single family dwellings in R-1 districts. We have approximately
forty volunteer rental applications that are either issued a license or pending inspections.
Further, here is an update of other building safety activities. Although new single family
building permits are again down this year, activity in our department has been exceptionally
busy. Building permit activity has been high in the commercial areas of the city, with permits
being issued for the expansion to UHG and new Depot apartment building. Along with that,
numerous remodel and build-out permits were issued. On the residential side there were
several hundred storm damage related permits issued along with the many repair and re-
modelpermits associated with the foreclosures we experienced. We also have undertaken
several new projects that including energy audits, rental inspections, and occasional snow
plowing.
I will be available at the Council meeting for questions and discussion.
N:\Public Bodies\City Council\Community Development Divisions\2010\Bldg update to council 12-13-10.docx
LAND DEVELOPMENT REGULATIONS
DIVISION 3. RENTAL DWELLING LICENSE
Sec. 30-191. Required.
~''~ '' 1 operate a rental dwelling in
the ci y wi ou awing first obtained a license for
that dwelling unit from the fire chief. If the
license is denied, no occupancy of dwelling units
then vacant or which become vacant is permitted
until a license has been issued. Dwelling units
within an unlicensed building for which a license
application has been made may be occupied pro-
vided that it does not create a hazard to the
health and safety of persons in occupied units.
(Code 1982, § 1007.06(4)(A); Ord. No. 06-10, 10-
2-2006)
Sec. 30-192. Application.
(a) The owner of any rental unit within the
city shall apply to the fire chief for a rental
dwelling license in the manner prescribed in this
section.
(b) Application shall be made on forms pro-
vided by the city and accompanied by a fee in an
amount set by resolution of the city council.
(c) Applicants shall provide all the information
requested on license applications, including but
not limited to the following:
(1) All owners of rental dwellings shall pro-
vide telephone access numbers to be used
in emergency situations, including emer-
gency maintenance and repair. This re-
quirement shall be a condition precedent
to the issuance of any rental license.
(2) The applicant shall provide such other
information as the application shall re-
quire.
(d) Failure to complete, in full, the required
license application shall be grounds for denial of
the license.
(e) No person shall give or submit false infor-
mation on a license application or any renewal
thereof.
(Code 1982, § 1007.06(B); Ord. No. 06-10, 10-2-
2006)
Sec. 30-193. Inspection of premises.
§ 30-196
Upon receipt of a properly executed application
for a rental dwelling license, the fire chief shall
cause an inspection to be made of the premises to
ensure that the structure is in compliance with
the requirements of this Code, including this
article. The owner shall be given notice of this
inspection.
(Code 1982, § 1007.06(C); Ord. No. 06-10, 10-2-
2006)
Sec. 30-194. Issuance.
If the rental dwelling is in compliance with the
requirements of this article, a license shall be
issued to the present owner or agent of the owner
which shall state that the structure has been
inspected and is in compliance with the require-
ments of this article. If the city finds that the
circumstances of occupancy following the issu-
ance of the license involve possible Code viola-
tions, substandard maintenance or abnormal wear
and tear, the-city may again inspect the premises
as provided by this article.
(Code 1982, § 1007.06(D); Ord. No. 06-10, 10-2-
2006)
Sec. 30-195. Fee.
To obtain a license required by the provisions of
this division, a person shall pay to the city the fee
established by resolution.
(Code 1982, § 1007.06(4)(J); Ord. No. 06-10, 10-2-
2006)
Sec. 30-196. Renewal.
(a) Each license issued under this division
shall be renewed annually with the fire chief.
(b) Annual renewal shall be made by filling
out the required renewal form and mailing the
form together with the required registration fee to
the fire chief. Renewal may be approved only
when no change in the ownership, operation,
agency, or type of occupancy as originally licensed
has been made, and where an inspection has been
completed and passed within the last calendar
year.
(Code 1982, § 1007.06(4)(A), (4)(G); Ord. No. 06-
10, 10-2-2006; Ord. No. 07-01, 1-16-2007)
Supp. No. 11 CD30:43
§ 30-991
ELK RIVER CODE
f. Encourage a variety and range of
dwelling types and a wide range of
population densities with emphasis
on home ownership.
(2) R-Za district. The rural residential dis-
trict is intended to allow for a rural lifestyle
by permitting low density residential de-
velopment in areas that are marginal or
nonfeasible for agriculture. The R-la dis-
trict is intended to be primarily a residen-
tial district, but may also accommodate
agriculture-related and accessory uses. This
is the general area of the city which is not
primarily suited to farming due to soil
conditions, slope, tree cover, and other
physical features better suited for non-
farm housing and related accessory uses.
(3) R-Ib district. This district is intended to
provide land for attractive and diverse
low density single-family residential de-
velopment, and to primarily contain de-
tached low density single-family residen-
tial developments and low density planned
unit development. Subdivisions utilizing
on-site sewage disposal systems and pri-
vate water wells cannot exceed one single-
family residence per gross acre. Construc-
tion of on-site sewage disposal systems
shall not be permitted on adjoining lots.
Streets and other improvements may be
temporary in nature as approved by the
city council.
(4) R-Ic district. This district is intended to
provide .single-family residences in areas
with full municipal public sanitary sew-
ers, storm sewers, and municipal water in
areas that are a continuation of existing
residential development patterns and the
infilling of existing lots in established
areas.
(5) R-Zd district. This district is intended to
provide single-family residential districts
with larger lots and higher quality hous-
ing types in areas with full municipal
public sewers, storm sewers, and munici-
pal water in areas that possess significant
natural features, including vegetation,
wetlands, and topographic features. This
district is intended to encourage the de-
sign of subdivisions that protect natural
features while providing high quality hous-
ing sites.
~~ ai~s. Permitted uses in the R-1
districts are as follows:
ry„
(1) ~e~fa~il dwellings per section 30-
799.
(2) Licensed day care facilities for 12 or fewer
children.
(3) Model homes in compliance with section
30-800.
(4) Agricultural uses in the R-1a district (more
than five-acre lot size).
(5) Public parks, playgrounds and open space.
(6) Permitted home occupations.
(7) Truck tractor and/or trailer parking
(nonplatted parcels five acres in size or
greater within the R-la district).
(8) State-licensed residential facilities or hous-
ing with services establishments regis-
tered under Minn. Stats. ch. 144D serving
six or fewer persons, licensed day care
facilities serving 12 or fewer persons and
group family day care facilities licensed
under Minnesota Rules, parts 9502.0315
to 9502.0445, to serve 14 or fewer chil-
dren, except that a residential facility
whose primary purpose is to treat juve-
niles who have violated criminal statutes
relating to sex offenses or have been ad-
judicated delinquent on the basis of con-
duct in violation of criminal statutes re-
lating to sex offenses shall not be a
permitted use.
State law reference-Similar provisions, Minn.
Stats. § 462.357, subd. 7.
(9) Open space preservation development plats
within the R-la district (residential clus-
tering).
(10) Towers less than 60 feet in height.
(11) Business and professional offices.
Supp. No. 8 CD30:118