5.12. SR 06-03-1996_~ty of
River
TO:
FROM:
MEMORANDUM
ITEM 5.12.
MAYOR AND CITY COUNCIL
STEPHEN ROHLF, BUILDING AND
ZONING ADMINISTRATOR
DATE: JUNE 3, 1996
SUBJECT: APARTMENT INSPECTION
Attached to this memo is the draft Housing Maintenance Ordinance. The
final sections have been added by the City Attorney, however, we do
anticipate changes. The minutes from the July 24, 1995, City Council
meeting, when this ordinance was last discussed, are also attached.
Staff presented this draft ordinance to the apartment owners who were
present at a meeting held by the Elk River Police regarding their Crime Free
Multi-Unit Housing program. In addition, we will be holding at least one
meeting with the apartment owners in Elk River (June 18, 1996) specifically
regarding the Housing Maintenance Ordinance. The purpose of this meeting
is to hear the concerns of the apartment owners in an attempt to make the
inspection program compatible with their operations.
Prior to our meeting with the apartment owners, staff would like to discuss
this ordinance one last time with the City Council to make sure it is to your
liking. Specific issues to consider include:
The inspections will be done by a new building and zoning housing
inspector, and fire inspections will be done at the same time. This way
the apartment owners will not be getting hit twice.
· The Council should review the section titled, "Responsibility of Owners
and Occupants" on page 5 of the ordinance to see if you agree.
The section titled, "Exterior Premises" on page 12 deals with the outside
appearance of apartments in an attempt to maintain property values.
Safety issues must be dealt with immediately, but if exterior cosmetic
issues cause a huge financial burden, staff will use our discretion
regarding the timing of these corrections. We feel this is what the Council
will want us to do.
· The tenant information required under section 4. ii. b. on page eight
should be discussed. This information ties into the police Crime Free
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Multi-Unit Housing program, but the City Attorney has expressed concern
about it. The section titled, "Disorderly Tenants" on page 13 also ties into
the police program.
The Housing Maintenance Ordinance references certain State Statutes
instead of reiterating this language. The statutes referenced are attached
to the end of the ordinance.
Fees for the yearly license need to be discussed. Attached is a brief survey
of what some other cities charge. Staff is recommending a $20 per unit
fee which will generate approximately $21,000 per year to help pay for an
inspector.
After we receive input from the apartment owners we will bring the
ordinance back to the Council for formal approval.
s:\b&z\stever\house-2.doc
MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, JULY 24, 1995
Members Present:
Members Absent:
Mayor Duitsman, Councilmembers Dietz, 5cheel, Farber, and
Holmgren
None
Staff Present:
Pat Klaers, City Administrator;, Sandra Thackeray, City Clerk; Terry
Maurer, City Engineer;, Peter Beck, City Aflomey; Steven Ach, City
Planner;, Lori Johnson, Assistant City Administrator;, Phil Hals,
Street/Park Superintendent; Bruce West, Fire Chief; Gary Schmifz,
Assistant City Planner;, Tom Zerwas, Police Chief; Steve Rohlf,
Building and Zoning 'Administrator;, Cliff Skogstod, Building Official
1. Call Meefinq To Order
Pursuant to due call and notice thereof, the meeting of the Elk River City Council
was called to order af 6 p.m. by Mayor Duifsman.
The Council recessed at 8:45 p.m. and reconvened at 8:55 p.m.
7.6. D"-cussion on Housinq Maintenance Ordinance Proposal
The draft Housing Maintenance ordinance was presented by Building and Zoning
Administrator Steve Rohlf, Building Official Cliff Skogstod, Fire Chief Bruce West,
and Police Chief Tom Zerwas. The presenters of the draft ordinance reviewed
issues of concern as listed in the memo to the Mayor and City Council dated July
18, 1995.
Elk River City CouncLl Meet/ng
Jul>, 24, 1995
Page 10
Rental Housing Inspection Program conducted by the Fire Department or
Building and Zoning Department - It was the consensus of the Council
that both the housing and apartment fire inspections be handled by one
inspection. This inspection would be under the direction of the Building
and Zoning Administrator.
Yearly License - It was the consensus of the Council that to be consistent,
the inspections should be done on a yearly basis.
Hidng a Housing Code Inspector/Fire Inspector - It was the consensus of
the Council that in order to implement the program an inspector would
need to be hired.
Controversy - Steve Rohlf informed the Council that there would be some
controversy from both the tenants and landlords regarding th'e proposed
ordinance.
Disorderly Tenants - The Police Chief indicated that this section of the
ordinance would work together with a program which is currently being
developed in cooperation with local landlords called "Crime Free Multi-
housing Program." He indicated that the purpose of this section of the
ordinance is to work with landlords to remove disorderly tenants.
Tenant Usts - The Council discussed the pros and cons of the types of
information that would be necessary to have for each tenant.
Health, Safety, Welfare versus Aesthetics - It was the consensus of the
Council that aesthetics and health, safety and welfare ore all important
issues and should be included in the ordinance.
Fees - Steve Rohlf indicated that it would not be realistic to expect to
recover the entire cost of implementing the inspection program. It was
the consensus of the Council to charge $20 per unit for the inspections.
Which Units are Priority - Discussion was held regarding the living units
located on top of the buildings in the downtown area of Elk River. It was
the consensus of the Council that these living units be inspected along
with the apartment buildings. Rental single family dwellings and duplexes
would be added at a later date.
Blank Sections - Steve Rohlf indicated that there are certain sections of
the ordinance which have not been completed. He indicated that these
sections will be drafted by the city attorney at a later date.
11.
Timing - The City Council concurred with the timetable as suggested for
the inspection program which calls for licensing and inspections to begin
in January, 1996.
..Other Business
s/e/96
SECTION 1007 - HOUSING MAINTENANCE ORDINANC~
1007.00 - PURPOSE AND SCOPR
1. P.L~.~PD~%~ - The purpose of this Housing Maintenance Ordinance
("Ordinance")is to provide minimum standards to safeguard life,
health, property, and public welfare by regulating the occupancy
and maintenance of all rental residential buildings and
structures within the City of Elk River.
2. Scope - The provisions of this Ordinance shall apply to all
buildings or portions thereof used, or designed, or intended to
be used, for rental residential purposes. This Ordinance does
not apply to owner occupied single family homes.
Where any building or portion thereof is used or intended to be
used as a combination apartment house-hotel, the provisions of
this Ordinance shall apply to the separate portions as if they
were separate buildings
Every rooming house or lodging house shall comply with all the
requirements of this Ordinance for rental dwellings.
A. Additions. Alterations. or Repairs - For additions,
alterations, or repairs, see the Building Code.
B. ~ - Buildings or structures moved into or
within this jurisdiction shall comply with the requirements
in the City Code of Ordinances and the Building Code for new
buildings and structures.
C. Continuation of Use Rental dwellings in existence at
the time of the adoption of this ordinance may have their
existing use or occupancy continued, if such use or
occupancy was legal at the time of the adoption of this
ordinance, providing such continued use complies with and is
subject to the terms of this Ordinance.
1007.02 - DEFINITIONS
1. ~ - For the purpose of this Ordinance, certain
terms, phrases, words and their derivatives shall be construed as
specified in either this Section or as specified in the Building
Code and elsewhere in the City Code of Ordinances. Whenever the
words "dwelling", "dwelling unit", "premises", or "structure" are
used in this Ordinance, they shall be construed as though they
were followed by the words "or any part thereof." Words in the
singular include the plural and the plural the singular.
used in the masculine gender include the feminine and the
feminine the masculine.
Words
APARTMENT UNIT: Apartment, apartment unit, or dwelling unit
means a room or group of rooms located within a building which
form a single habitable unit with facilities which are used or
are intended to be used for living, sleeping, cooking, or eating.
BOARD OF ADJUSTM~NTE: The City Board of Adjustment and Appeals as
prescribed in Section 900.40 of the City Code of Ordinances and
Minnesota Statute, Section 462.354.
BUILDING AND ZONING ADMINISTRATOR: The Building and Zoning
Administrator for the City of Elk River or his/her designated
agents authorized to enforce this Ordinance.
BUILDING CODE: The Uniform Building Code promulgated by the
International Conference of Building Officials, as adapted by the
City of Elk River.
BUILDING OFFICIAL: The Building Official as defined in the City
Code of Ordinances or his/her designated agents.
~F~_~LF~: The Fire Chief for the City of Elk River or his/her
designated agents.
HABITABLE BUILDING: Any building or part thereof that meets
minimum standards for use as a home or place of abode by one or
more persons.
~_T_~Tu~: Hot water supplied to plumbing fixtures at a
temperature of not less than ll0°F.
KITCHEN: A space which contains a sink with counter working
space, space for installing cooking and refrigeration equipment,
and space for the storage of cooking utensils.
~: Upkeep of property and equipment in a safe working
condition for which it was installed and/or constructed.
MULTIPLE FAMILY DWELLING: A dwelling or portion thereof
containing two or more dwelling units.
OCCUPANT: Any person (including owner or operator) living,
sleeping, cooking, and eating in a dwelling unit or living and
sleeping if a rooming unit.
OPERATE: As used in this Ordinance, the term "operate" means to
charge a rental charge for the use of a unit in a rental
dwelling.
~: The owner or his agent who has charge, care, control,
or management of a building, or part thereof, in which dwelling
units or rooming units are let.
~: Any person, firm, or corporation who, alone, jointly, or
severally with others, shall be in actual possession of, or have
charge, care, or control of, any dwelling, dwelling unit, or
rooming unit within the city as owner, employee, or agent of the
owner, or as trustee or guardian of the estate or person of the
title holder. Any person representing the actual owner shall be
bound to comply with the provisions of this Ordinance to the same
extent as the owner.
PERMISSIBLE OCCUPANCy: The maximum number of persons permitted
to reside in a dwelling unit or rooming unit.
~: Ail of the following supplied facilities and equipment
in a dwelling: gas pipes, gas burning equipment, water pipes,
steam pipes, garbage disposal units, waste pipes, water closets,
sinks, installed dishwashers, lavatories, bathtubs, shower baths,
installed clothes washing machines, catch basins, drains, vents,
and any other similar fixtures and the installation thereof,
together with all connections to water, sewer, and gas lines.
POLICE CHIEF: The Police Chief for the City of Elk River or
his/her designated agents.
RENTAL DWELLING: As used in this Ordinance, is a dwelling for
hire.
RENTAL DWELLING LICENSE: The license required by this Ordinance
to operate a rental dwelling in the City of Elk River.
RODENT HARBORAge: A place where rodents commonly live, nest, or
establish their habitat.
ROOMING UNIT: Any room or group of rooms forming a single
habitable unit used or intended to be used for living and
sleeping, but not for cooking and eating purposes.
~[: The condition of being reasonably free from danger and
hazards which may cause accidents or disease.
SUBSTANDARD DWELLING: Any dwelling which does not conform to the
minimum standards established by the city Code of Ordinances,
including Section 1007.20 of this Ordinance.
SUPPLIED: Paid for, furnished by, provided by, or under the
control of the owner, operator, or agent of a dwelling.
UNSAFE: As applied to a structure, a condition, or a combination
of conditions which are dangerous or hazardous to persons or
property.
~: Conditions which are dangerous or hazardous to the
health of persons.
1007.04 - ENFORCEMENT
1. ~ - The Building and Zoning Administrator is hereby
authorized and directed to enforce all of the provisions of this
Ordinance.
The Building and Zoning Administrator shall have the power to
render interpretation of this Ordinance and to adopt procedures
as he may deem necessary in order to apply the provisions of this
Ordinance. Such interpretations and procedures shall be in
conformity with the intent and purpose of this Ordinance.
2. Riqht of Entry - Whenever necessary to make an inspection to
enforce any of the provisions of this Ordinance, or whenever the
Building and Zoning Administrator or his authorized
representative has reasonable cause to believe that there exists
in any building or upon any premises subject to this Ordinance a
condition that constitutes a violation of the City Code of
Ordinances including this Ordinance, the Building and Zoning
Administrator or his authorized representative, upon notice to
the Owner or Operator, may enter such building or premises at all
reasonable time to inspect the same or to perform any duty
imposed upon the Building and Zoning Administrator by this
Ordinance, provided that if such building or premises be
occupied, he shall first present proper credentials and request
entry; and if the building or premises be unoccupied, he shall
first make a reasonable effort to locate the owner or other
persons having charge or control of the building or premises and
request entry. The property owner of the premises shall notify
tenants of the time and purpose of the inspection. The tenant
shall make the premise accessible to the Building and Zoning
Administrator. If such entry is refused, the Building and Zoning
Administrator or his/her authorized representative shall have
recourse to every remedy provided by law to secure entry. The
notice requirements of this Section shall not apply if the
Building and Zoning Administrator or his authorized
representative has reasonable cause to believe that a violation
of the requirements of this Ordinance is creating a dangerous or
hazardous condition which must be addressed without any delay.
3. Responsibilities of Owners and Occupants - Every owner shall
be liable for violations of duties imposed upon him by this
Ordinance even though an obligation is also imposed on the
occupants of his building, and even though the owner has, by
agreement, imposed on the occupant the duty of furnishing
required equipment or complying with this Ordinance.
Ail buildings and structures and all parts thereof shall be
maintained in a safe and sanitary condition. The owner or his
designated agent shall be responsible for such maintenance. To
determine compliance with this subsection, the building may be
re-inspected.
Every owner, or his agent, in addition to being responsible for
maintaining his building in a sound structural condition, shall
be responsible for keeping that part of the building or premises
which he occupies or controls in a clean, sanitary, and safe
condition, including the shared or public areas in a building
containing two or more dwelling units.
Every owner shall, where required by this Ordinance, or the
Building and Zoning Administrator, furnish and maintain such
approved sanitary facilities as required, and shall furnish and
maintain approved devices, equipment or facilities for the
prevention of insect and rodent infestation, and where
infestation has taken place, shall be responsible for the
extermination of any insects, rodents, or other pests when such
extermination is not specifically made the responsibility of the
occupant by law or ruling. Every owner of a multifamily dwelling
shall supply facilities for the storage and/or disposal of
rubbish and garbage.
The owner of any rental dwelling shall be responsible for the
removal of snow and ice from parking lots and/or driveways, steps
and walkways on the premises as provided by the City Code of
Ordinances for public sidewalks.
Every occupant of a dwelling unit, in addition to being
responsible for keeping it in a clean, sanitary, and safe
condition that part of the dwelling or dwelling unit or premises
which he occupies and controls, shall dispose of all his rubbish,
garbage, and other organic waste in a manner required by the City
Code of Ordinances and approved by the Building and Zoning
Administrator.
Every occupant shall, where required by this Ordinance, the City
Code of Ordinances, or the Building and Zoning Administrator,
furnish and maintain approved devices, equipment, or facilities
necessary to keep his/her premises safe and sanitary.
4. Substandard Buildings - Ail buildings or portions thereof
which are determined to be substandard as defined in this
Ordinance are hereby declared to be public nuisances and shall be
abated by repair, rehabilitation, demolition, or removal in
accordance with the procedure specified in Section 1007.22 of
this ordinance.
If the building or structure is in such condition as to make it
immediately dangerous to the life, limb, property, or safety of
the public or of the occupants, it shall be ordered to be vacated
as provided in Section 1007.22.
5. Riqht of Appeal - When a person to whom a Compliance Order
is directed by the Building and Zoning Administrator alleges that
such Compliance Order is based upon erroneous interpretation of
the Ordinance or upon a misstatement or mistake of fact, such
person may appeal as set forth in Section 900.40.
6. ~ - It shall be unlawful for any person, firm, or
corporation to erect, construct, enlarge, alter, repair, move,
improve, remove, convert, or demolish, equip, use, occupy, or
maintain any building or structure or cause or permit the same to
be done in violation of this Ordinance and shall be guilty of a
misdemeanor.
1007.06 - PERMITS. INSPECTIONS. AND LICENS~
1. General - No building or structure regulated by this
ordinance shall be erected, constructed, enlarged, altered,
repaired, moved, improved, removed, converted, or demolished
unless a building permit for each building or structure has first
been obtained from the Building Official in the manner and
according to the applicable conditions prescribed in the Building
Code.
2. Fees - Whenever a building permit is required by Section
1007.04(1) of this ordinance, the appropriate fees shall be paid
to the Building Official as specified in the Building Code.
A. Inspection of Permitted Work Ail buildings or
structures within the scope of this Ordinance and all
construction or work for which a permit is required shall be
subject to inspection by the Building Official in accordance
with and in the manner provided by this Ordinance and the
Building Code.
B. Response to Complaints - The Building and Zoning
Administrator shall respond to complaints of violations of
this Ordinance. A complaint may be cause for a complete
inspection of a unit or building. If an inspection is to be
made, the Building and Zoning Administrator shall notify the
owner/tenant of the inspection. If there are violations,
the Building and Zoning Administrator shall notify the
owner/tenant to correct the problem which prompted the
complaint. An owner may request an advisory inspection of a
unit.
C. Routine Inspections - Ail rental dwelling units,
except dwelling units under state inspection (such as:
nursing homes, hotels, motels, etc.) shall be subject to an
annual inspection by the City to confirm compliance with
the requirements of this Ordinance. The Building and Zoning
Administrator shall notify the owner/tenant in advance of
the annual inspection.
A. License Re_cfuir~d - Upon notification by the City that
a rental dwelling license is required, no person, firm, or
corporation shall operate a rental dwelling in the City
without having first obtained a license for that dwelling
unit as hereinafter provided from the Building and Zoning
Administrator. Each license shall be renewed annually with
the Building and Zoning Administrator. 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 provided
that it does not create a hazard to the health and safety of
persons in occupied units.
B. License Procedures - Within thirty (30) days after
notification from the City, the owner of any rental unit
within the City shall apply to the Building and Zoning
Administrator for a rental dwelling license in the manner
hereafter prescribed.
i. Application shall be made on forms provided by
the City and accompanied by a fee in an amount set by
resolution of the City Council.
ii. Applicants shall provide all the information
requested on license applications, including but not
limited to:
a)
All owners of rental dwellings shall
provide telephone access number(s) to be
used in emergency situations, including
emergency maintenance and repair. This
requirement shall be a condition precedent
to the issuance of any rental license.
b)
Such other information as the application
shall require. Said information may
include, but is not limited to, tenant
lists which include tenants name, unit, and
identifying information (i.e. date of
birth, social security number, driver's
license number.)
iii. Failure to complete, in full, the required
license application shall be grounds for denial
of the license.
iv.
No person, firm, or corporation shall give or
submit false information on a license application
or any renewal thereof.
C. Application and Inspection Upon receipt of a
properly executed application for a rental dwelling license,
the Building and Zoning Administrator shall cause an
inspection to be made of the premises to ensure that the
structure is in compliance with the requirements of the City
Code of Ordinances including this Ordinance. The owner
shall be given notice of this inspection.
D. Issuance of Rental Dwellinq License - If the rental
dwelling is in compliance with the requirements of this
Ordinance, 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 requirements of
this Ordinance. If the City finds that the circumstances of
occupancy following the issuance of the license involve
possible Code violations, substandard maintenance or
abnormal wear and tear, the City may again inspect the
premises as provided by this Ordinance.
E. License Display - Licenses issued under this Ordinance
shall be conspicuously displayed on the rental premises
wherever feasible. The licensee shall promptly produce the
license upon demand of a prospective tenant or the Building
and Zoning Administrator or his/her authorized
representative.
F. License Transfer - The license is transferable upon
application to the Building and Zoning Administrator and
payment of a license transfer fee by the prospective owner,
if the licensed premises in compliance with this Ordinance.
The license shall terminate if application for transfer is
not made within thirty (30) days after transfer of ownership
of the dwelling unit. The amount of the transfer fee shall
be set by resolution of the Council.
G. License Renewal - Annual renewal of the license as
required by this Ordinance shall be made by filling out the
required renewal form and mailing the form together with the
required registration fee to the Building and Zoning
Administrator. 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 there has been
an inspection within the last year.
H. Inspection Fee - The City may, by Council resolution,
establish an inspection fee. The inspection fee shall apply
to all inspections other than the initial license
inspection, to follow up for corrections.
I. Suspension or Revocation - A license issued or
renewed under this Section may be revoked or suspended upon
finding of noncompliance with the provisions of the City
Code of Ordinances including this Ordinance. Application
for reinstatement of a suspended license shall be
accompanied by an amount equal to fifty percent (50%) of the
new license fee. Issuance of a new license after suspension
or revocation shall be made in the manner provided for
obtaining an initial license. Revocation and suspension
procedures shall be those prescribed in Section 700.10 of
the City Code.
J. L~ - Ail fees required by this Ordinance
shall be established by Council resolution.
1007.08 - SPACE AND OCCUPANCY STANDARDS
1. Location on Proper~y - Ail buildings shall be located with
respect to property lines and to other buildings on the same
property as required by the City Code of Ordinances including the
zoning ordinance, subdivision ordinance, the Fire Code, and the
Building Code.
2. All existing rental dwelling units shall be brought into
compliance with the City Code of Ordinances including the Uniform
Building Code, prior to the issuance of a rental dwelling
license. Modifications to the requirements of the Uniform
Building Code shall be allowed as provided by Section 108 of the
Uniform Building Code.
3. Maximum Density and Minimum Space for Rental Units
A. No person shall rent or let to another for occupancy
any rental dwelling for the purpose of living, sleeping,
eating, or cooking therein, which does not comply with the
following requirement, to wit:
i. Permissible Occupancy of Dwelling - The maximum
permissible occupancy of any rental dwelling unit
shall be determined as follows:
a. For the first occupant, 150 square feet of
habitable room floor space and for every
additional occupant thereof, at least 100 square
feet of habitable room floor space.
b. The unit shall be provided with a separate
closet.
c. The unit shall be provided with a kitchen
sink, cooking appliance, and refrigeration
facilities, each having a clear working space of
not less than 30 inches in front. Light and
ventilation conforming to this ordinance shall be
provided.
d. The unit shall be provided with a separate
bathroom containing a water closet, lavatory, and
bathtub or shower.
e. In no event shall the total number of
occupants exceed two times the number of
habitable rooms, less kitchen, in the dwelling
unit.
ii. No person shall occupy as an owner-occupant or
let to another for occupancy, any dwelling unit for
occupancy by more than one Family, other than for
temporary guests.
10.
1007.10 - ELECTRICAL EOUIPMENT
All electrical equipment, wiring, and appliances shall be
installed and maintained in a safe manner in accordance with all
applicable laws. All electrical equipment shall be of an
approved type.
Where there is electrical power available within 300 feet of any
building, such building shall be connected to such electrical
power. Every habitable room shall contain at least two
electrical convenience outlets or one convenience outlet and one
electric light fixture. Every water closet compartment, bathroom,
laundry room, furnace room, and public hallway shall contain at
least one electric light fixture.
Aid from the Minnesota State Electrical Board will be solicited
as needed to determine whether or not electrical equipment and/or
wire is safe. Ail fees for said aid shall be paid by the premise
ow-ne r.
1007.12 - DISCONTINUANCE OF SERVICE OR FACILITIE~
No owner, operator, or occupant shall cause any service, facility
equipment, or utility which is required under this Ordinance to
be removed from or shut off from or discontinued for any occupied
dwelling or dwelling unit except for temporary interruptions as
may be necessary while actual repairs or alterations are made or
during temporary emergencies.
1007.14 - DOORS. WINDOWS. AND LOCK~
1. Responsibility - No person shall occupy as an owner-
occupant, or let to another for occupancy, any dwelling or
dwelling unit for the purposes of living, sleeping, cooking, or
eating, unless all exterior doors and windows of the dwelling or
dwelling unit meet the following requirements.
2. Access - When access to a dwelling unit door is gained
through a common corridor or entrance in a dwelling in which four
(4) or more dwelling units share a common entrance or corridor,
an approved system of controlled access shall be maintained for
each multiple family building to control access. The security
system shall consist of locked building entrance and foyer doors,
and locked doors leading from the hallways into individual
dwelling units. Dead-latch type door locks shall be provided with
releasable lever knobs (or doorknobs) on the inside of building
entrance doors and with key cylinders on the outside of the
building doors. Building entrance door-latches shall be of the
type that are permanently locked. An approved lock box with
11.
building entry key, boiler room key, laundry and common area
keys, all marked individually, must be provided and accessible to
the Fire Department for access to the building. The enumerated
keys must be present in the lock box at all times. A
communication system or device such as an intercom, telephone,
audible bell or buzzer or other approved means of making contact
with the tenants must be provided.
3. Approved Lock - Every door that provides ingress or egress
for a dwelling unit within a multiple family unit shall be
equipped with an approved lock that has a dead locking bolt that
cannot be retracted by end pressure; provided, however, that such
doors shall be openable from the inside without the use of a key
or any special knowledge or effort.
4. ~ - Every window, exterior door and hatchway shall
be tight and shall be kept in repair. Every other window other
than a fixed window shall be capable of being easily opened and
shall be equipped with screens between May 1 and September 30,
inclusive, of each year. Every window, door, and frame shall be
constructed and maintained in such relation to the adjacent wall
construction as to completely exclude rain, vermin, rodents, and
insects from entering the building. All ingress, egress, and
interior doors and windows shall be kept free of holes and
punctures.
1007.16 - EXTERIOR PREMISES
1. General - No person shall occupy as an owner-occupant, or
let to another for occupancy, any dwelling or dwelling unit for
the purpose of living, sleeping, eating, or cooking therein,
which does not comply with the landscaping, screening, lighting,
and other requirements of the City Code of Ordinances and the
following requirements.
2. Accessory Structure Maintenance Accessory structures,
including fences, on the premises where the dwelling or dwelling
unit is located shall be structurally sound and maintained in
good repair. The exterior of such structures shall be covered
with decay-resistant materials such as paint or other
preservatives.
3. Outside Storaqe Outside storage of articles, equipment,
construction materials, items not designed for exterior use, and
miscellaneous items, including but not limited to, lawn mowers
and other lawn maintenance equipment shall not be allowed. A
weathertight, rodent-proof storage building or shed must be
constructed for storage of items not storable within the
building.
12.
A. The number of parkin9 spaces shall not be reduced
below the number required by Section 900.24(12) (B) of the
City Code or Ordinances. Garage spaces required shall be
for the sole use of the dwelling's tenants. Dwellings built
legally with a lesser number of parking spaces than
currently required by Section 900.24(12) (B) shall be
required to provide adequate parking spaces based on need
and space available.
B. The required parking space must have a minimum width
of nine (9) feet and a minimum length of twenty (20) feet.
C. Ail parking spaces must be surfaced with asphalt or
concrete.
D. Curb guards and/or guardrails must be provided for
parking spaces situated above retaining walls.
E. An unobstructed path must be provided between parking
areas and the dwelling unit.
F. Lighting must be provided for parking areas and
walkways between the parking area and the dwelling unit.
G. Driveways leading to parking areas and/or access ways
to buildings must be maintained and kept in good repair.
Parking areas and driveways shall be hardsurfaced with
asphalt or concrete.
H. Unlicensed and/or inoperable vehicles are prohibited
at the premise.
1007.18 - DISORDERLY TENANTE
1. Responsibility - It shall be the responsibility of the
licensee to take appropriate action following conduct by persons
occupying the premises which is determined to be disorderly, in
violation of any of the following statutes or ordinances:
A. Minnesota Statutes 609.75 through 609.76, which
prohibit gambling;
B. Minnesota Statutes 609.75 through 609.324, which
prohibit prostitution and acts relating thereto;
13.
C. Minnesota Statutes 152.01 through 152.025, and
152.027, subds. 1 and 2, which prohibit the unlawful sale or
possession of controlled substances;
D. Minnesota Statute 340A.401, which prohibits the
unlawful sale of alcoholic beverages;
E. Minnesota Statute 609.33, which prohibits owning,
leasing, operating, managing, maintaining, or conducting a
disorderly house or inviting or attempting to invite others
to visit or remain in a disorderly house;
F. Section 10.312 of this Code, which prohibits noisy
assemblies;
G. Minnesota Statutes 97B.021, 97B.045, 609.66 through
609.67 and 624.712 through 624.716, and section 10.307 of
this Code, which prohibit the unlawful possession,
transportation, sale or use of a weapon;
H. Minnesota Statute 609.72, which prohibits disorderly
conduct;
I. Minnesota Statutes 609.221 through 609.224, which
prohibits assaults, including domestic assault as defined in
Minnesota Statute 518b.01;
J. Violation of laws relating to contributing to need for
protection or services or delinquency of a minor, as defined
in Minnesota Statute 260.315; or,
K. Section 8.201 et. al. of the City Code of Ordinances
which relates to animal noises and public nuisances.
2. ~S~D~tT~IRg~ - The Police Chief (department) shall be
responsible for enforcement and administration of this section.
Upon determination by the Police Chief (department) that a
licensed premises was used in a disorderly manner, as described
in section (1) above, the Police Chief (department) shall notify
the licensee by mail of the violation and direct the licensee to
take steps to prevent further violations.
If another instance of disorderly use of the licensed premises
occurs within three (3) months of an incident for which a notice
as provided above was given, the Police Chief (department) shall
notify the licensee by mail of the violation and shall also
require the licensee to submit a written report of the actions
taken, and proposed to be taken, by the licensee to prevent
14.
further disorderly use of the premises. This written report
shall be submitted to the Police Chief (department) within five
(5) days of receipt of the notice of disorderly use of the
premises within the preceding three (3) months. If the licensee
fails to comply with the requirements of this subsection, the
rental dwelling license for the premises may be denied, revoked,
suspended, or not renewed. An action to deny, revoke, suspend,
or not renew a license under this section shall be initiated by
the City Council at the request of the Police Chief (department).
If another instance of disorderly use of the licensed premises
occurs within three (3) months after any two (2) previous
instances of disorderly use for which notices were sent to the
licensee pursuant to this section, the rental dwelling license
for the premises may be denied, revoked, suspended, or not
renewed. An action to deny, revoke, suspend, or not renew a
license under this section shall be initiated by the City Council
at the request of the Police Chief (department).
No adverse license action shall be imposed where the instance of
disorderly use of a licensed premises occurred during the
pendancy of eviction proceedings (unlawful detainer) or within
thirty (30) days of notice given by the licensee to a tenant to
vacate the premises, where the disorderly use was related to
conduct by that tenant or by other occupants or guests of the
tenant'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 of this
section may be postponed or discontinued at any time if it
appears that the licensee has taken appropriate measures which
will prevent further instances of disorderly use.
A determination that the licensed premises has been used in a
disorderly manner as described in subsection (1) shall be made
upon substantial evidence to support such a determination. It
shall not be necessary that criminal charges be brought to
support a determination of disorderly use, nor shall the fact of
dismissal or acquittal of criminal charges operate as a bar to
adverse license action under this section.
1007.20 - SUBSTANDARD BUILDINGS DEFINED
1. General - Any building or portion thereof which is
determined to be an unsafe building in accordance with the
Building Code; or any building or portion thereof, including any
dwelling unit, guest room, or suite of rooms, or the premises on
which the same is located, in which there exists any of the
following listed conditions listed in Section (2) through (14)
15.
below, to an extent that endangers the life, limb, health,
property, safety, or welfare of the public or the occupants
thereof, shall be deemed and hereby is declared to be a
substandard building.
2. Inadequate Sanitation Inadequate sanitation shall include,
but not be limited to, the following:
A. Lack of, or improper water closet, lavatory, bathtub,
or shower in a dwelling unit.
B. Lack of, or improper kitchen sink in a dwelling unit.
C. Lock of hot and cold running water to plumbing
fixtures in a dwelling unit.
D. Lack of adequate heating facilities.
E. Lack of, or improper operation of required ventilating
equipment.
F. Lack of minimum amounts of natural light and
ventilation required by this Code.
Code.
H.
I.
J.
K.
L.
M.
Room and space dimensions less than required by the
Lack of required electrical lighting.
Dampness of habitable rooms.
Infestation of insects, vermin, or rodents.
General dilapidation or improper maintenance.
Lack of connection to required sewage disposal system.
Lack of adequate garbage and rubbish storage and
removal facilities.
N. Lack of adequate doors, windows, and locks.
O. Non-compliance with exterior premises requirements.
3. Structural Hazards - Structural hazards shall include, but
not be limited to, the following:
A. Deteriorated or inadequate foundations.
16.
B. Defective or deteriorated flooring or floor supports.
C. Flooring or floor supports of insufficient size to
carry imposed loads with safety.
D. Members of walls, partitions, or other vertical
supports that split, lean, list, or buckle due to defective
material or deterioration.
E. Members of walls, partitions, or other vertical
supports that are of insufficient size to carry imposed
loads with safety.
F. Members of ceilings, roofs, ceiling and roof supports,
or other horizontal members which sag, split, or buckle due
to defective material or deterioration.
G. Members of ceilings, roofs, ceiling and roof supports,
or other horizontal members that are of insufficient size to
carry imposed loads with safety.
H. Fireplaces or chimneys which list, bulge, or settle,
due to defective material or deterioration.
I. Fireplaces or chimneys which are of insufficient size
or strength to carry imposed loads with safety.
4. ~ - Any nuisance as defined by the City Code of
Ordinance.
5. Hazardous Electrical Wiring - Electrical wiring which was
installed in violation of code requirements in effect at the time
of installation or electrical wiring not installed in accordance
with generally accepted construction practices in areas where no
codes were in effect or which has not been maintained in good
condition or which is not being used in a safe manner shall be
considered substandard.
6. Hazardous Plumbing - Plumbing which was installed in
violation of code requirements in effect at the time of
installation or plumbing not installed in accordance with
generally accepted construction practices in areas where no codes
were in effect or which has not maintained in good condition or
which is not free of cross-connections or siphonage between
fixtures shall be considered substandard.
7. Hazardous Mechanical Equipment Mechanical equipment which
was installed in violation of code requirement in effect at the
time of installation or mechanical equipment not installed in
17.
accordance with 9enerally accepted construction practices in
areas where no codes were in effect or which has not been
maintained in good and safe condition shall be considered
substandard.
8. Faulty Weather Protection - Shall included, but not be
limited to, the following:
A. Deteriorated, crumbling, or loose plaster.
B. Deteriorated or ineffective waterproofing of exterior
walls, roof, foundations or floors, including broken windows
or doors.
C. Defective or lack of weather protection for exterior
wall coverings, including lack of paint, or weathering due
to lack of paint or other approved protective covering.
D. Broken, rotted, split, or buckled exterior wall
coverings or roof coverings.
9. ~ - Any building or portion thereof, device,
apparatus, equipment, combustible waste or vegetation which, in
the opinion of the chief of the fire department or his/her
deputy, is in such a condition as to cause a fire or explosion or
provide a ready fuel to augment the spread and intensity of fire
or explosion arising from any cause.
10. Faulty Materials of Construction - Ail materials of
construction except those which are specifically allowed or
approved by the City Code of Ordinances and the Building Code,
and which have been adequately maintained in good and safe
condition.
11. Hazardous or Unsanitary Premises - Those premises on which
an accumulation of weeds, vegetation, junk, dead organic matter,
debris, garbage, offal, rat harborages, stagnant water,
combustible materials and similar materials or conditions
constitute fire, health, or safety hazards.
12. Inadequate E~its - Except for those buildings or portions
thereof which have been provided with adequate exit facilities
conforming to the provisions of this Code, buildings or portions
thereof whose exit facilities were installed in violation of
Building Code requirements in effect at the time of their
construction or whose exit facilities have not been increased in
number or width in relation to any increase in occupant load due
to alterations, additions, or change in use or occupancy
18.
subsequent to the time of construction shall be considered
substandard.
Notwithstanding compliance with Code requirements in effect at
the time of their construction, buildings or portions thereof
shall be considered substandard when the Building Official finds
that an unsafe conditions exists through an improper location of
exits, a lack of an adequate number or width of exit, or where
other conditions exist which are dangerous to human life.
13. Inadequate Fire-protection or Fire-fighting Equipment - Ail
buildings or portions thereof which are not provided with the
fire-resistive construction or fire-extinguishing alarm and
detection systems or equipment required by the City Code of
Ordinances or the Building Code, except those buildings or
portions thereof which conformed with all applicable laws at the
time of their construction and whose fire-resistive integrity and
fire-extinguishing systems or equipment have been adequately
maintained and improved in relation to any increase in occupant
load, alteration, or addition, or any change in occupancy.
14. Improper Occupancy - Ail buildings or portions thereof
occupied for living, sleeping, cooking, or dining purposes which
were not designed or intended to be used for such occupancies.
1007.22 - PROCEEDINGS WITH RESPECT TO SUBSTANDARD BUILDINGS
1. Commencement of Proceedings - Whenever the Building and
Zoning Administrator has inspected or caused to be inspected any
building and has found and determined that such building is a
substandard building, he shall commence proceedings to cause the
repair, rehabilitation, vacation, or demolition of the building.
2. Notice and Order - The Building and Zoning Administrator
shall issue a notice and order directed to the record owner of
the building. The notice and order shall contain:
ao The street address and a legal description sufficient
for identification of the premises upon which the building
is located.
b. A statement that the Building and Zoning Administrator
has found the building to be substandard with a brief and
concise description of the conditions found to render the
building substandard under the provisions of Section
1007.20.
c. A statement of the action required to be taken as
determined by the Building and Zoning Administrator.
19.
i. If the Building and Zoning Administrator has
determined that the building or structure must be
repaired, the order shall require that all required
permits be secured therefor and the work physically
commenced within such time (not to exceed 60 days from
the date of order) and completed within such time as
the Building and Zoning Administrator shall determine
reasonable under all of the circumstances.
ii. If the Building and Zoning Administrator has
determined that the building or structure must be
vacated, the order shall require that the building or
structure shall be vacated within a certain time from
the date of the order as determined by the Building
and Zoning Administrator to be reasonable.
iii. If the Building and Zoning Administrator has
determined that the building or structure must be
demolished, the order shall require that the building
be vacated within such time as the Building and Zoning
Administrator shall determine reasonable (not to
exceed 60 days from the date of the order); that all
required permits be secured therefor within 60 days
from the date of the order, and that the demolition be
completed within such time as the Building and Zoning
Administrator shall determine is reasonable.
d. A statement advising that if any required repair or
demolition work (without vacation also being required) is
not commenced within the time specified, the Building and
Zoning Administrator will order the building vacated and
posted to prevent further occupancy until the work is
completed, and that the City Council may proceed to cause
the work to be done and charge the costs thereof against the
property or its owner.
e. A statement advising that any person having any record
title or legal interest in the building may appeal from the
notice and order or any action of the Building and Zoning
Administrator to the City Board of Adjustments, provided the
appeal is made in writing as provided in this ordinance, and
filed with the Building and Zoning Administrator within 30
days from the date of service of such notice and order; and
that failure to appeal will constitute a waiver of all right
to an administrative hearing and determination of this
matter.
20.
3. Service of Notice and Order - The notice and order, and any
amended or supplemental notice and order, shall be served upon
the owner, and posted on the property. Service of the notice and
order shall be made upon the owner personally, or in the case of
a nonresident owner, service of the notice and order shall be
made by certified mail, return receipt requested, at his last
know address. The failure of any person to receive such notice
shall not affect the validity of any proceedings taken under this
section. Service by certified mail in the manner herein provided
shall be effective on the date of mailing. Proof of service of
the notice and order shall be certified to at the time of service
by an affidavit of the person effecting service. The affidavit
of personal service or the affidavit of service by mail, together
with any receipt card returned in acknowledgment of receipt of
certified mail, shall be affixed to the copy of the notice and
order retained by the Housing Inspector.
2. Repair. Vacation. and Demolition The following standards
shall be followed by the Building and Zoning Administrator (and
by the Board of Adjustments if an appeal is taken) in ordering
the repair, vacation, or demolition of any substandard building
or structure:
a. Any building declared a substandard building under
this ordinance shall be made to comply with one of the
following:
i. The building shall be repaired in accordance with
the current Building Code or other current code
applicable to the type of substandard conditions
requiring repair; or,
ii. The building shall be demolished.
b. If the building or structure is in such condition as
to make it immediately dangerous to the life, limb,
property, or safety of the public or of the occupants, it
shall be ordered to be vacated.
i. ~ - Every notice to vacate shall, in
addition to being served as provided in Section
1007.22(3), be posted at or upon each exit of the
building, and shall be in substantially the following
form:
DO NOT ENTER
UNSAFE TO OCCUPY
It is a misdemeanor to occupy this building,
or to remove or deface this notice.
21.
Building and Zoning Administrator
........ of .......
ii. ~ - Whenever such notice is posted, the
Building and Zoning Administrator shall include a
notification thereof in the notice and order issued by
him under Section 1007.22(1) (B), reciting the
emergency and specifying the conditions which
necessitate the posting. No person shall remain in or
enter any building which has been so posted, except
that entry may be made to repair, demolish, or remove
such building under permit. No person shall remove or
deface any such notice after it is posted until the
required repairs, demolition, or removal have been
completed and a Certificate of Occupancy issued
pursuant to the provisions of the Building Code. Any
person violating this subsection shall be 9uilty of a
misdemeanor.
5. Compliance with Order - After any order of the Building and
Zoning Administrator or the Board of Adjustments made pursuant to
this ordinance shall have become final, no person to whom any
such order is directed shall fail, neglect, or refuse to obey any
such order.
A. A Misdemeanor - Any such person who fails to comply
with any such order is 9uilty of a misdemeanor and the
Buildin9 and Zoning Administrator may cause such person to
be prosecuted for such misdemeanor.
B. Vacation of Premises - Whenever the required repair or
demolition is not commenced within 30 days after any final
notice and order issued under this ordinance become
effective:
i. The Building and Zoning Administrator shall cause
the building described in such notice and order to be
vacated by posting at each entrance thereto a notice
reading:
SUBSTANDARD BUILDING
DO NOT OCCUPY
It is a misdemeanor to occupy this building, or to
remove or deface this notice.
Building and Zoning Administrator
........ of .......
ii. No person shall occupy any building which has
been posted as specified in this subsection. No
22.
person shall remove or deface any such notice so
posted until the repairs, demolition, or removal
ordered by the Building and Zoning Administrator have
been completed and a Certificate of Occupancy issued
pursuant to the provisions of the Building Code.
6. Extension of Time to Perform Work - Upon receipt of an
application from the person required to conform to the order and
an agreement by such person that he will comply with the order if
allowed additional time, the Building and Zoning Administrator
may, in his discretion, grant an extension of time, not to exceed
an additional 120 days, within which to complete said repair,
rehabilitation, or demolition, if the Building and Zoning
Administrator determines that such an extension of time will not
create or perpetuate a situation imminently dangerous to life or
property. The Building and Zoning Administrator's authority to
extend time is limited to the physical repair, rehabilitation, or
demolition of the premises and will not in any way affect or
extend the time to appeal his notice and order.
7. Repair or Demolition by City Upon failure of the Owner to
comply with an order of the Building and Zoning Administrator or
the Board of Adjustment, the City Council may order the necessary
repairs or demolition to be done by the City, as authorized by
and pursuant to the procedures of Minnesota Statutes Sections
463.15-463.261. The costs of said repair or demolition,
including all of the City's administrative and legal costs, may
be levied and collected as a special assessment as provided by
Minnesota Statutes Section 429.101 and Section 463.21.
8. Interference with Repair or Demolition Work Prohibited - No
person shall obstruct, impede, or interfere with any officer,
employee, contractor, or authorized representative of the City or
with any person who owns or holds any estate or interest in any
building which has been ordered repaired, vacated, or demolished
under the provisions of this Ordinance, or with any person to who
such building has been lawfully sold pursuant to the provisions
of this Ordinance, whenever such officer, employee contractor, or
authorized representative of this jurisdiction, person having an
interest or estate is such building or structure, or purchaser is
engaged in the work or repairing, vacating and repairing,
demolishing any such building pursuant to the provisions of this
Ordinance, or in performing any necessary act preliminary to or
incidental to such work or authorized or directed pursuant to
this Ordinance.
ordinance: 10073
23.
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957 BUILDING LINE EASEMENTS; BUILDING REGULATIONS; AND HAZARDOUS BUILDINGS 463.16
463.10 MS 1967
463.11 MS 1967
463.12 MS 1967
463.13 MS 1967
[Repealed, 1976 c 44 s 70]
[Repealed, 1976 c 44 s 70]
[Repealed, 1976 c 44 s 70]
[Repealed, 1976 c 44 s 70]
HAZARDOUS AND
SUBSTANDARD BUILDINGS
463.15 DEFINITIONS.
Subdivision 1. Coverage. For purposes of sections 463.15 to 463.26 the terms
defined in this section have the meanings given them.
Subd. 2. Building. "Building" includes any structure or part of a structure.
Subd. 3. Hazardous building or hazardous property. "Hazardous building or haz-
ardous property" means any building or property, which because of inadequate mainte-
nance, dilapidation, physical damage, unsanitary condition, or abandonment,
constitutes a fire hazard or a hazard to public safety or health.
Subd. 4. Owner, owner of record, and lien holder of record. "Owner," "owner of rec-
ord,'' and "lien holder of record" means a person having a right or interest in property
described in subdivision 3 and evidence of which is filed and recorded in the office of
the county recorder or registrar of titles in the county in which the property is situated.
History: 1965 c 393 s 1:1967 c 324 s 1; 1976 c 181 s 2; 1989 c 328 art 6 s 5,6
463.151 REMOVAL BY MUNICIPALITY; CONSENT; COST.
The governing body of any city or town may remove or raze any hazardous build-
ing or remove or correct any hazardous condition of real estate upon obtaining the con-
sent in writing of all owners of record, occupying tenants, and all lien holders of record;
the cost shall be cha,rged against the real estate as provided in section 463.21, except
the governing body may provide that the cost so assessed may be paid in not to exceed
five equal annual installments with interest thereon, at eight percent per annum.
History: 1967 c 324 s 2; 1974 c 341 s I
463.152 EXERCISE OF EMINENT DOMAIN.
Subdivision 1. Purpose, public interest. In order to maintain a sufficient supply of
adequate, safe, and sanitary housing and buildings used for living, commercial, indus-
trial, or other purposes or any combination of purposes, it is found that the public inter-
est requires that municipalities be authorized to acquire buildings, real estate on which
buildings are located, or vacant or undeveloped real estate which are found to be haz-
ardous within the meaning of section 463.15, subdivision 3, and the acquisition of such
buildings and real estate is hereby declared to be a public purpose.
Subd. 2. Acquisition; procedure. In furtherance of the public policy declared in sub-
division 1, the governing body of any city or town may acquire any hazardous building,
real estate on which any such building is located, or vacant or undeveloped real estate
by eminent domain in the manner provided by chapter 117.
History: 1974 c 341 s 3; 1976 c 2 s 140
463.16 REPAIR OR REMOVAL OF HAZARDOUS BUILDING; HAZARDOUS
PROPERTY CONDITIONS.
The governing body of any city or town may order the owner of any hazardous
building or property within the municipality to correct or remove the hazardous condi-
tion of the building or property or to raze or remove the building.
History: 1965 c 393 s 2; 1973 c 123 art 5 s 7; 1989 c 328 art 6 s 7
463.161 BUILDING LINE EASEMENTS; BUILDING REGULATIONS; AND HAZARDOUS BUILDINGS 958
463.161 ABATEMENT.
In the manner prescribed in section 463.21 the governing body of any city or town
may correct or remove the hazardous condition of any hazardous building or property;
the cost of which shall be charged against the real estate as provided in section 463.21
except the governing body may provide that the cost so assessed may be paid in not
to exceed five equal annual installments with interest therein, at eight percent per
annum.
History: 1974 c 341 s 2; 1989 c 328 art 6 s 8
463.17 THE ORDER.
Subdivision 1. Contents. The order shall be in writing; recite the grounds therefor;
specify the necessary repairs, if any, and provide a reasonable time for compliance; and
shall state that a motion for summary enforcement of the order will be made to the dis-
trict court of the county in which the hazardous building or property is situated unless
corrective action is taken, or unless an answer is filed within the time specified in sec-
tion 463.18.
Subd. 2. Service. The order shall be served upon the owner of record, or the
owner's agent if an agent is in charge of the building or property, and upon the occupy-
ing 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 shall
be served upon the owner by posting it at the main entrance to the building or, if there
is no building, in a conspicuous place on the property, and by four weeks' publication
in the official newspaper of the municipality if it has one, otherwise in a legal newspaper
in the county.
Subd. 3. Filing. A copy of the order with proof of service shall be filed with the
court administrator of district court of the couniy in which the hazardous building or
property is located not less than five days prior to the filing ora motion pursuant to sec-
tion 463.19 to enforce the order. At the time of filing such order the municipality shall
file for record with the county recorder or registrar of titles a notice of the pendency
of the proceeding, describing with reasonable certainty the lands affected and the nature
of the order. If the proceeding be abandoned the municipality shall within ten days
thereafter file with the county recorder a notice to that effect.
History: 1965 c 393 s 3; 1976 c 181 s 2; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1989
c 328 art 6 s 9
463.18 ANSWER.
Within 20 days from the date of service, any person upon whom the order is served
may serve an answer in the manner provided for the service of an answer in a civil
action, specifically denying such facts in the order as are in dispute.
History: 1965 c 393 s 4
463.19 DEFAULT CASES.
If no answer is served, the governing body may move the court for the enforcement
of the order. If such a motion is made the court may, upon the presentation of such evi-
dence as it may require, affirm or modify the order and enter judgment accordingly,
fixing a time after which the governing body may proceed with the enforcement of the
order. The court administrator shall cause a copy of the judgment to be mailed forth-
with to persons upon whom the original order was served.
History: 1965 c 393 s 5; 1Sp1986 c 3 art 1 s 82
463.20 CONTESTED CASES.
If an answer is filed and served as provided in section 463.18, further proceedings
in the action shall be governed by the Rules of Civil Procedure for the District Courts,
except that the action has priority over all pending civil actions and shall be tried forth-
959 BUll
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959 BUILDING LINE EASEMENTS; BUILDING REGULATIONS; AND HAZARDOUS BUILDINGS 463.23
with. If the order is sustained following the trial, the court shall enter judgment and
shall fix a time after which the building must be destroyed or repaired or the hazardous
condition removed or corrected, as the case may be, in compliance with the order as
originally filed or modified by the court. If the order is not sustained, it shall be annulled
and set aside. The court administrator of the court shall cause a copy of the judgment
to be mailed forthwith to the persons upon whom the original order was served.
History: 1965 c 393 s 6:ISp1986 c 3 art 1 s 82; 1989 c 328 art 6 s I0
463.21 ENFORCEMENT OF JUDGMENT.
Ifa judgment is not complied with in the time prescribed, the governing body may
cause the building to be repaired, razed, or removed or the hazardous condition to be
removed or corrected as set forth in the judgment, or acquire the building, if any, and
real estate on which the building or hazardous condition is located by eminent domain
as provided in section 463.152. The cost of the repairs, razing, correction, or removal
may be: a lien against the real estate on which the building is located or the hazardous
condition exists, or recovered by obtaining a judgment against the owner of the real
estate on which the building is located or the hazardous condition exists. A lien may
be levied and collected only as a special assessment in the manner provided by Minne-
sota Statutes 1961, sections 429.061 to 429.081, but the assessment is payable in a sin-
gle installment. When the building is razed or removed by the municipality, the
governing body may sell the salvage and valuable materials at public auction upon three
days' posted notice.
History: 1965 c 393 s 7:1974 c 341 s 4; 1989 c 328 art 3 s 3
463.22 STATEMENT OF MONEYS RECEIVED.
The municipality shall keep an accurate account of the expenses incurred in carry-
ing out the order and of all other expenses theretofore incurred in connection with its
enforcement, including specifically, but not exclusively, filing fees, service fees, publica-
tion fees, attorney's fees, appraisers' fees, witness fees, including expert witness fees,
and traveling expenses incurred by the municipality from the time the order was origi-
nally made, and shall credit thereon the amount, if any, received from the sale of the
salvage, or building or structure, and shall report its action under the order, with a state-
ment of moneys received and expenses incurred to the court for approval and allow-
ance. Thereupon the court shall examine, correct, if necessary, and allow the expense
account, and, if the amount received from the sale of the salvage, or of the building or
structure, does not equal or exceed the amount of expenses as allowed; the court shall
by its judgment certify the deficiency in the amount so allowed to the municipal clerk
for collection. The owner or other party in interest shall pay the same, without penalty
added thereon, and in default of payment by October 1, the clerk shall certify the
amount of the expense to the county auditor for entry on the tax lists of the county as
a special charge against the real estate on which the building or hazardous condition
is or was situated and the same shall be collected in the same manner as other taxes
and the amount so collected shall be paid into the municipal treasury. If the amount
received for the sale of the salvage or of the building or structure exceeds the expense
incurred by the municipality as allowed by the court, and if there are no delinquent
taxes, the court shall direct the payment of the surplus to the owner or the payment of
the same into court, as provided in sections 463.15 to 463.26. If there are delinquent
taxes against the property, the court shall direct the payment of the surplus to the
county treasurer to be applied on such taxes.
History: 1965 c 393 s 8; 1974 c 329 s I; 1989 c 328 art 6 s 11
463.23 PAYMENT, TENDER, DEPOSIT IN COURT.
The net proceeds of a sale under section 463.21 or section 463.24 shall be paid to
persons designated in the judgment in the proportions as their interests shall appear
therein. Acceptance of such payment shall be taken as a waiver of all objections to the
payment and to the proceedings leading thereto on the part of the payee and of all per-
463.23 BUILDING LINE EASEMENTS; BUILDING REGULATIONS; AND HAZARDOUS BUILDINGS 960
961 Bt':
sons for whom the payee is lawfully empowered to act. In case any party to whom a
payment of damages is made be not a resident of the state, or the place of residence
be unknown, or the party be an infant or other person under legal disability, or, being
legally capable, refuses to accept payment, or if for any reason it be doubtful to whom
any payment should be paid, the municipality may pay the same to the clerk, to be paid
out under the direction of the court; and, unless an appeal be taken such deposit with
the clerk shall be deemed a payment of the award.
History: 1965 c 393 s 9; 1986 c 444
463.24 PERSONAL PROPERTY OR FIXTURES.
If any building ordered razed, removed, or made safe and sanitary by repairs con-
tains personal property or fixtures which will unreasonably interfere with the razing,
removal, or repair of such building, or if the razing or removal of the building makes
necessary the removal of such personal property or fixtures, the original order of the
governing body may direct the removal of such personal property or fixtures within a
reasonable time. If the property or fixtures are not removed by the time specified, and
the governing body subsequently desires to enforce a judgment under sections 463.15
to 463.26, it may sell the same at public auction as provided in section 463.21, or if
without appreciable value, the governing body may destroy the same.
History: 1965 c 393 s 10
463.25 HAZARDOUS EXCAVATIONS.
If in any city, an excavation for building purposes is left open for more than six
months without proceeding with the erection of a building thereon, whether or not
completed, or if any excavation or basement is not filled to grade or otherwise protected
after a building is destroyed, demolished or removed, the governing body may order
such excavation to be filled or protected or in the alternative that erection of a building
begin forthwith if the excavation is for building purposes. The order shall' be served
upon the owner or the owner's agent in the manner provided by section 463.17. If the
owner of the land fails to comply with the order within 15 days after the order is served,
the governing body shall cause the excavation to be filled to grade or protected and the
cost shall be charged against the real estate as provided in section 463.21.
History: 1965 c 393 s 11; 1973 c 123 art 5 s 7; 1986 c 444
all acq
mental
vialed
117.56
Hi
463.251 SECURING VACANT BUILDINGS.
If in any city a building becomes vacant or unoccupied and is deemed hazardous
due to the fact that the building is open to trespass and has not been secured and the
building could be made safe by securing the building, the governing body may order
the building secured and shall cause notice of the order to be served upon the owner
of record of the premises or the owner's agent by delivering or mailing a copy to the
owner or agent at the last known address. Service by mail is complete upon mailing.
!fthe owner of the building fails to comply with the order within ten days after the order
~s served, the governing body shall cause the building to be properly secured and the
cost thereof may be charged against the real estate as provided in section 463.21.
History: 1973 c 123 art 5 s 7; 1973 c 520 s 1; 1986 c 444
463.26 LOCAL ACTS AND CHARTER PROVISIONS.
Sections 463.15 to 463.26 are supplementary to other statutory and charter provi-
sions and do not limit the authority of any city to enact and enforce ordinances on the
same subject.
History: 1965 c 393 s 12; 1973 c 123 art 5 s 7
463.261 RELOCATION BENEFITS.
Notwithstanding the provisions of section 117.56, or any other law to the contrary,
,DINGS 960 961 BUILDING LINE EASEMENTS; BUILDING REGULATIONS; AND HAZARDOUS BUILDINGS 463.261
tO ITl fl
rc
or, being
to whom
to be paid
~posit with
all acquisitions of buildings and real estate upon which buildings are located by govern-
mental subdivisions pursuant to the exercise of the power of eminent domain as pro-
vided in section 463.152 shall be acquisitions for the purposes of sections 117.50 to
117.56.
History: 1974 c 341 s 5; 1976 c 2 s 141
epairs con-
the razing,
ling makes
rder of the
ss within a
.cified, and
~ns 463.15
i3.21, or if
re than six
her or not
e protected
may order
· a building
i be served
3.1 the
r is a~cved,
:ed and the
hazardous
'ed and the
may order
the owner
:opy to the
)n mailing.
:r the order
· ed and the
463.21.
ruer provi-
aces on the
~e contrary,
429.091 LOCAL IMPROVEMENTS, SPECIAL ASSESSMENTS
660
unless at least 20 percent of the costs of each such improvement is to be assessed against
benefited property. No funds may be expended for a waterworks, sewer system, or
storm sewer system, other than a sewer system described in section 115.46, unless the
council estimates that the costs will be recovered from the net revenues of the system
or any combined waterworks, sewer systems, or storm sewer systems operated by the
municipality. The council may also create a separate debt service account within the
revolving fund for the payment of principal of and interest on any obligations payable
therefrom. Notwithstanding subdivision 4, the council is not required to pledge any
particular assessments or other revenues to the payment of the obligations. Collections
of special assessments or net revenues may be deposited in either the construction
account or the debt service account as the council or an officer designated by the council
may determine, having due regard for anticipated collections of special assessments
and net revenues from improvements or waterworks, sewer systems, or storm sewer sys-
tems financed in whole or in part from the construction account, and taxes levied for
the payment of the obligations. The council may issue obligations that are payable pri-
marily from the debt service account for the purpose of providing funds to defray in
whole or in part any expenses incurred or estimated to be incurred in making the
improvement or improvements or in constructing the waterworks, sewer system, or
storm sewer system, including every item of cost of the kinds authorized by section
475.65, or to refund obligations previously issued under this section or section 115.46
or 444.075. The obligations may be general obligations to which the full faith and credit
of the municipality are pledged. If the special assessments to be levied and net revenues
estimated to be available for their payment are estimated to be at least 20 percent of
the principal amount of the obligations, the obligations may be issued without an elec-
tion and shall not be included in determining the net indebtedness of the municipality
under the provisions of any law limiting net indebtedness.
Subd. 8. Federal volume limitation act. Sections 474A.01 to 474A.21 apply to any
issuance of obligations under this section which are subject to limitation under a federal
volume limitation act as defined in section 474A.02, subdivision 9, or existing federal
tax law as defined in section 474A.02, subdivision 8.
History: 1953 c 398 s 9; 1955 c 811 s 3-5; 1957 c 385 s 1; 1965 c 877 s 5; 1976 c 324
s 19-21; 1981 c 171 s 1-4; 1984 c 548 s 6; 1984 c 582 s 5,6,23; 1984 c 591 s 4,5; 1984 c
633 s 4; 1Sp1985 c 14 art 8 s 63; 1986 c 465 art 1 s 3; 1987 c 344 s 4,5; 1992 c 545 art
2s4
429.10 [Repealed, 1953 c 398 s 13]
429.101 SERVICE CHARGES, A SPECIAL ASSESSMENT AGAINST BENE-
FITED PROPERTY.
Subdivision 1. Ordinances. In addition to any other method authorized by law or
charter, the governing body of any municipality may provide for the collection of
unpaid special charges for all or any part of the cost of (a) snow, ice, or rubbish removal from sidewalks,
(b) weed elimination from streets or private property,
(c) removal or elimination of public health or safety hazards from private prop-
erty, excluding any structure included under the provisions of sections 463.15 to
463.26,
(d) installation or repair of water service lines, street sprinkling or other dust treat-
ment of streets,
(e) the trimming and care of trees and the removal of unsound trees from any
street,
(f) the treatment and removal of insect infested or diseased trees on private prop-
erty, the repair of sidewalks and alleys,
(g) the operation of a street lighting system, or
(h) the operation and maintenance of a fire protection or a pedestrian skyway sys-
tem,
661
as
nance
includ:
upon t
street 5
or the,
and fo
due be
St5
sion l
as the
429.08
in subc
to deft
and as.
shall a
(~
ance;
(2
exceed
(3
vices r
charge
fund.
H
si; 19
c 444
429.11
429.11
A
teror~
ment:
chaptt
H
429.12
429.18
429.1~
429.2(
429.21
429.31
429.3~
60
St
3r
le
~n
le
~e
le
Y
il
~s
n
6
t
s
661
LOCAL IMPROVEMENTS, SPECIAL ASSESSMENTS 429.111
as a special assessment against the property benefited. The council may by ordi-
nance adopt regulations consistent with this section to make this authority effective,
including, at the option of the council, provisions for placing primary responsibility
upon the property owner or occupant to do the work personally(except in the case of
street sprinkling or other dust treatment, alley repair, tree trimming, care, and removal
or the operation of a street lighting system) upon notice before the work is undertaken,
and for collection from the property owner or other person served of the charges when
due before unpaid charges are made a special assessment.
Subd. 2. Procedure for assessment. Any special assessment levied under subdivi-
sion 1 shall be payable in a single installment, or by up to ten equal annual installments
as the council may provide. With this exception, sections 429.061, 429.071, and
429.081 shall apply to assessments made under this section.
Subd. 3. Issuance of obligations. After a contract for any of the work enumerated
in subdivision I has been let, or the work commenced, the council may issue obligations
to defray the expense of any such work financed in whole or in part by special charges
and assessments imposed upon benefited property under this section. Section 429.091
shall apply to such obligations with the following modifications:
( 1 ) Such obligations shall be payable not more than two years from the date of issu-
ance;
(2) The amount of such obligations issued at one time in a municipality shall not
exceed the cost of such work during the ensuing six months as estimated by the council;
(3) A separate improvement fund shall be set up for each of the enumerated ser-
vices referred to in subdivision I and financed under this section. Proceeds of special
charges as well as special assessments and taxes shall be credited to such improvement
fund.
History: 1953 c 398 s I0; 1955 c 811 s 6; 1963 c 771 s 5; 1965 c 323 s 2; 1973 c 337
s 1; 1974 c 340 s 1,2; 1984 c 548 s 7; 1984 c 582 s 7; 1984 c 591 s 6; 1984 c 633 s 5; 1986
c 444
429.11 [Repealed, 1953 c 398 s 13]
429.111 CHARTER PROVISIONS, EFFECT.
Any city operating under a home rule charter may proceed either under this chap-
ter or under its charter in making an improvement unless a home rule charter or amend-
ment adopted after April 17, 1953, provides for making such improvement under this
chapter or under the charter exclusively.
History: 1953 c 398 s 11; 1955 c 811 s 7; 1976 c 44 s 39
429.12-429.18 [Repealed, 1953 c 398 s 13]
429.185 [Repealed, 1949 c 314 s 3]
429.19 [Renumbered 429.035]
429.20 [Renumbered 429.036]
429.21-429.29 [Repealed, 1953 c 398 s 13]
429.30 [Renumbered 435.36, subdivision 1]
429.31 [Renumbered 435.36, subd 2]
RENTAL HOUSING SURVEY RESULTS
COMMUNITY RENTAL HOUSING FEES ELK RIVER
PRICE BASED
ON
M_~nl~to Dwelling Units: $17.00 per unit, up to and including 6 units; $11,662.00
$8.50 per each additional unit in the same
structure.
Long-Term Hotel: $11.00 per unit, up to and including 6 units;
$5.50 per each additional unit in the same
structure.
Mobile Homes: $17.00 each.
Madison Lake All Ren~d Units: $15.00 for 1st unit; $5,820.00
$5.00 per each additional unit m the ssxne
structure.
iV~nneapolis All Rental Units: $28.00 for 1st unit; $16,576.00
$15.00 per each additional unit in the same
structure.
Rochester 4 or Less Units: $15.00 per building; $10.00 per each unit. $11,640.00
4 to 8 Units: $20.00 per building; $10.00 per each unit.
9 or More Units: $25.00 per b~ild~n~; $10.00 per each unit.
St. Cloud All Rental Units: $20.00 for 1st unit; $9,104.00
$8.00 per each additional unit in the same
structure.
St. Peter All Rental Units: $12.00 ~0er ~ear, ~0er ~-i~. $12,720.00
Waseca 2 or Less Buildings: $15.00 3 to 5 units: $5.00 per unit $4,765.00
3 or More Buildings: $25.00 6 to 10 units: $4.50 per unit
11 to 20 units: $4.00 per unit
21 tO 40 units: $3.50 per unit
41 to 100 units: $3.00 per unit
Wil]m~ All Rental Units: $25.00 per b,,~lrl~,~; $5.00 per rental ~,nlt. $6,600.00
Winona Dwelling Units: $30.00 per building; $20.00 per rental unit. $22,760.00
Sleepin~ Units in SF Dwelling: $30.00 per buildln~; $10.00 per rental unit.
Elk River Apartment Rental Units: $20.00 per rental unit. $21,200.00