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5.3. SR 07-22-1996ity of ITEM 5.3. iver MEMORANDUM MAYOR AND CITY COUNCIL FROM: STEPHEN ROHLF, BUILDING AND ZONING ADMINISTRATOR SUBJECT: HOUSING MAINTENANCE ORDINANCE Attached to this memo is the final version of the Housing Maintenance Ordinance. This final version reflects additions from the Police Department that tie into the "Crime Free Multi-Unit Housing" program. The various State Statute sections referenced by this ordinance are also included with this memo. Staff also met with twice with apartment owners to get their input. Besides being concerned that the City starts apartment inspections at all, the apartment owners concerns are as follows: That the City consider the economic effects of what it requires the apartment owners to do. Staff explained that the City will require immediate action for health/safety issues, but that there is flexibility when considering the timing of correcting the more cosmetic issues. That the City will not unnecessarily burden them with trivial issues. Staff assured them that the City's intention is to ensure that health/safety issues are addressed for the residents of rental dwellings. That it is not always a situation of a poor renter and a bad landlord; it could be the other way around. Staff pointed out that the proposed ordinance spells out the renter's responsibilities as well as the landlord's. Further the Police Department's "Crime free Multi-Unit Housing" program helps remove bad tenants. The Guardian Angels Foundation is concerned that the City's inspection program is a needless duplication of other governmental regulations. Staff is reviewing their situation to see if they meet an exception in our ordinance. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 The main concern, however, is regarding the license fee. Staff is recommending $20/unit. With approximately 1,000 apartment units in Elk River this fee will generate $20,000; a little less than 1/2 the cost of the inspection program. The Council will note on the attached list comparing license fees of other cities, staffs fee is high. Also attached is a resolution the Council needs to pass to establish whatever fee is decided on. Although it is not required, staff placed a public hearing ad regarding this ordinance in the Star News and mailed written notice to all apartment owners. Staff recommends the Council adopts the attached ordinance amendment. Staff will then proceed with the hiring process and start the inspection program. s:\b&z\stever\housing3.doc ORDINANCE 96- CITY OF ELK RIVER AN ORDINANCE AMENDING THE ELK RIVER CITY CODE OF ORDINANCES TO INCLUDE SECTION 1007, "HOUSING MAINTENANCE ORDINANCE" Case No. OA 96-10 The City of Elk River does hereby ordain as follows: Section 1. Section 1007 titled "Housing Maintenance Ordinance" is added to the City of Elk River Code of Ordinances to read as follows: See attached Exhibit A Section 2. That the ordinance shall take effect and be in full force from and after the date of its publication. Passed and adopted this 22nd day of July, 1996, by the City Council of the City of Elk River. ATTEST: Henry A. Duitsman, Mayor Sandra A. Thackeray, City Clerk 7116/96 SECTION 1007 - HOUSING MAINTENANCE ORDINANCE 1007.00 - PURPOSE AND SCOPE 1. Purpose - 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. Relocation - 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. Definitions - 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. Words used in the masculine gender include the feminine and the feminine the masculine. 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 ADJUSTMENTS: 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. FIRE CHIEF: 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. HOT WATER: 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. MAINTENANCE: 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. OPERATOR: The owner or his agent who has charge, care, control, or management of a building, or part thereof, in which dwelling units or rooming units are let. OWNER: Any person, 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. PLUMBING: 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. SAFETY: The condition of being reasonably free from danger and hazards which may cause accidents or disease. SUBSTANDARD DWELLING: Any dwelling which does not conform to the minimum standards established by 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. UNSANITARY: Conditions which are dangerous or hazardous to the health of persons. o 1007.04 - ENFORCEMENT 1. Authority - 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. Right 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. Right 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. Violations - 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 LICENSE 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. 3. Inspection 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. 4. License A. License Required - 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) Ail 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. Such other information as the application shall require. 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 Dwelling 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. License Fees - Ail fees required by this Ordinance shall be established by Council resolution. 1007.08 - SPACE AND OCCUPANCY STANDARDS 1. Location on Property - 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. Ail 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. 1007.10 - ELECTRICAL EQUIPMENT Ail 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. All fees for said aid shall be paid by the premise owner. 1007.12 - DISCONTINUANCE OF SERVICE OR FACILITIES No owner, operator, or occupant shall cause any service, facility equipment, or utility which is required under this Ordinance to be removed from or shut off from or discontinued for any occupied dwelling or dwelling unit except for temporary interruptions as may be necessary while actual repairs or alterations are made or during temporary emergencies. 1007.14 - DOORSr WINDOWSr AND LOCKS 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, with security strike plate with three (3) inch screws, 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 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, security strike plate with minimum of three (3) inch screws and door viewer; provided, however, that such doors shall be openable from the inside without the use of a key or any special knowledge or effort. 4. Maintenance - 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. Ail ingress, egress, and interior doors and windows shall be kept free of holes and punctures. Sliding doors shall be equipped with an anti-lift and removal lock. Ail windows shall be provided with locks. 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 Storage - 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. 4. Parkinq A. The number of parking 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. Additional lighting may be required elsewhere on the premises, if deemed necessary, for security 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. 5. Landscaping Ail lawn and landscape areas shall be maintained and kept free of debris and dead materials. Landscaped areas may be required to be altered for security visual sitelines. 1007.18 - DISORDERLY TENANTS 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; 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; 12. 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. Enforcement - 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 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) 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. Lack of hot and cold running water to plumbing fixtures in a dwelling unit. ]4. 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. Go Code. H. I. J. K. L. 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. M. 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. 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. Nuisance - 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 accordance with generally 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. Fire Hazard - 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 Exits - 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 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. Cormmencement 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: a. 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. 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. 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. Postinq - 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. Building and Zoning Administrator ii. Compliance - 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 guilty 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 guilty of a misdemeanor and the Building 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 20. 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 956 'd in and ,ther .' the mis- .'fine f the shall pass T~na- ~ame :xist- se OT FOR PAY- e the vhich d : case ~fthe park 1 and , soon ers or shall :h the ~r the :o the 3e set ssess- audi- :o the art I 95'/ 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 s,4 s 70] [Repealed, 1976 c 44 s 70] [Repealed, 1976 c s,4 s 70] [Repealed, 1976 c 44 s 70] HAZARDOUS AND SUBSTANDARD BUILDINGS 463.15 DEFINITIONS. Subdivision !. 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 propertT. "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: 1963 c 393 s I; 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 ~3.1~1 BUILDING LINE EASEMENTS; BUILDING REGULATIONS: AND HAZARDOUS BUILDINGS ' 463.161 ABATEMENT. In the manner prescribed in section 463.21 the governing body ofany 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 rea/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 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- trim 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- lion 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 ora 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 p. roperty is located not less than five days prior to the filing ora motion pursuant to sec- non 463.19 to enforce the order. At the time offiling 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 aa 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, lfsuch 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 b~dy 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. Ifan 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 Districl Courts, except that the action has priorit~ over all pending civil actions and shall be tried forth- 95C I1 with. If shall fix. condmo origina/I and set to be m~ His~ 463.21 Ifa cause th~ removed real esta~ as provi( may be: conditio: estate o1~ be levied SOla Slat gle insta governm days' po Hist 463.22 'the in~ enforcen lion fees and trax. natty ma salvage,, merit of ance. Th account. structur( by its ju, for colic, added ti amount a special is or wa: and the received incurred taxes, the sam~ taxes ag county His 463.: '1 I~c persons the pay,..~n verty; 63.21 n not ~1 per refor; :; and :e dis- ~nless rl sec- )r the cupy- vialed shall there ation Japer h the ng or 3 SeC- shall ten nlm. days 989 'fred civil nenl evi- agly, the )rth- ings lrtS, rth- 959 BUILDING LINE EASEMENTS4 BUILDING REGULA'FIONS~ 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 I s 82; 1989 c 328 art 6 s 10 · 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 cz)st of the repairs, razing, correction, or removal may be: a lien against the real estate on which the building is located or the haTardous 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, serv/ce 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 anowed; 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 ha?ardous 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 II 463.23 PASqVIENT, 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 pan of the payee and of all per- 43.23 BUILDING LINE EASEMENTS: BUILDING REGULATIONS~ AND HAZARDOUs BUILDINGS 960 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 $95 s R' 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 properxy 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 lO 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 er~tion ora 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 $ 7; 1986 c 444 463.251 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. If the owner of the building fails to comply with the order within ten days after the order is 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 PROV/SIONS. Sections 463.15 to 463.26 are supplementary to other statutory and charter provi- sions and do not limit the authority ofany 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 I 17.56, or any other law to the contrary, 961 Bt · .q ment:, vided Hi .DINGS 96O to whom a ( ~ · .lent~ · , .)eing ,I to whom to be paid :posi! with 2pair~ con- the razing, ting makes ~der of the :s within a cified, and )ns 463.15 ,3.21, or if ~e than six her or not : protected may order a building be served ;. 17. If the r i: ed, ed a,,~ the hazardous ~d and the may order the owner opy to the n mailing. r the order :d and the '.63.21. her provi- ces on the contrary, 961 BUll. DING LINE EASEMENT.N; Bt:ILl)lNG REGUlaTIONS; AND HA~.&RDOUS BUILDINGS ~63.201 all acquisitions of buildings and real estate upon which building~ 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 I 17.50 to I 17.56. History: 1974 c 341 s 5:1976 c 2 s 141 429.091 LOCAL IMPROVEMENTS, SPECIAL ASSESSMENTS 66O unless at least 20 percent of the costs ofeach 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. g. 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 g. History: 1953 c 398 s 9:1955 c 811 s 3-5; 1957 c $85 s I; 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; ISp1985 c 14 art 8 s 63; 1986 c 465 art I 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 servicelines, 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 ~ street ~ or the and fo due bc St sion I as the 429.0~' in sub~ to deft and as shall a (~ ante; excee( vices charg~ fund. si: 1! c 444 429.1 429.1 / ter or merit chap~ ] 4293 4292 429d 429: 429.'~ 429.. 429. 661 LOC,4,L IMPROVi~M£N~. SPECIAL ASSF-..SSM£N'f~ 429.111 n~ a Special a~ses~ment against the pro~ffy ~nefited. The council may by ordi- nnnce adopt regulations ~n~istent with this ~e~tion to make this nutho~ty effective, including, nt the option of the council, provisions for placing p~ma~ responsibility upon the prope~y o~er or ~upant to do the work ~n~iy(ex~pt in the ~se o~ street sp~n~ing or other dust treatment, alley ~pair, tree t~mming, ~m, and removal or the ope~tion ora stree~ lighting system) upon noti~ before the work is unde~aken, and for collection from the prope~y owner or other pe~on se~ed of the cha~es when due before unpaid cha~es are made a special assessment. Subd. 2. P~ure for ~s~sment. Any s~cial assessment levi~ under su~ivi- sion I shall be payable in a single installment, or by up to ten equ~ annual installments as the ~uncil may pro,de. With this ex,priori, ~ctions 429.061, 429.071, and 429.081 shall apply to assessments made under this section. Subd. 3. Issuance of obligations. After a ~nt~ for any of the work enume~ted in subdivision I has ~en let, or the work ~mmen~d, the ~unc~ may issue obligations to defray the expense of any such work finan~ in whole or in pa~ by special charges and ~sessments imposed upon benefited pro~y under this s~tion. Section 429.091 shall apply to such obligations with the following m~ifi~tions: (1) Such obli~tions shall be payable not more than two y~ from the ~te ofissu- an~; (2) The amount of such obli~tions issued at one ~e in a municip~ity shall not exceed thc cost of such work du~ng the ensuing six months ~ estimated by the ~uncil; (3) A ~pa~le improvement fund shall be set up for ~ch of the endeared ser- vi~s refe~ed to in subdivision 1 and finan~d under this section. Pr~e~ of special cha~es as well as s~ci~ ~sessmen~ and t~es sh~l ~ credited to such ~provement fund. Histo~,: 1953 c 398 s 10; 1955 c 811 s 6; 1963 c 771 s 5; 1965 c 323 s 2; 1973 c 337 s I; 1974 c 340 s 1,2; 1984 c 548 s 7; 1984 c 582s 7; 1984 c 591 s 6; 1984 c 633 s 5; 1986 c 444 429.11 [Repe~ed, 1953 c 398 s 13] 429.111 C~TER PRO,IONS, E~. Any city o~ting under a home role cheer may pried either ~der this chap- ter or under i~ charier in ma~ng an improvement u~ess a home role c~ner or amend- ment adopted after Ap~] 17, 1953, provides for m~ng such improvement under this chapter or under ~e charier exclusively. Histo~ 1953 c 398 s II: 1955 c 811 s 7; 1976 c 44 s 39 429.12~29.18 [Regaled, 1953 c 398 s 13] 429.185 [Repe~ed, 1949 c 314 s 3] 429.19 [Renumbered 429.035] - 429.20 [Renumbered 429.036] 429.21M29.29 [Regaled, 1953 c 398 s 13] 429.30 [Renum~red 435.36, subdivision 1] 429.31 [Renumbered 435.36, subd 2] RENTAL HOUSING SURVEY RESULTS RENTAL HOUSING FEES Man]cato Madison Lake Minne~o~ Rochester St. Cloud St. Peter W~ec/~ Winona Dwelling Units: Long-Term Hotel: Rental Umts: All Rental Umts: $17.00 per unit, up to and including 6 units; $8.50 per each additional unit in the same structure. $11.00 per unit, up to and mdudmg 6 units; $5.50 per each additional unit in the same structure. $~7.oo each. $15.00 for Ist unit; $5.00 per each additional unit/n the same structure. $28.00 for 1st unit; 4 or Less Umts: $15.00 per each additional unit in the same structure. 4 to 8 Units: All Rental Units: 2 or Less Buildings: 3 or More Buildings: Units: Dwelling Units: sin $15.00 per building; $10.00 per each umt. $20.00 per budding; $10.00 per each unit. ~~::$10.00 ereachuint. $8.00 per each additional unit in the same structure~ ~ unit. $15.00 3 to 5 un/ts: $5.00 per umt $25.00 6 to 10 un/ts: $4.50 per unit 11 to 20 units: $4.00 per umt 21 tO 40 units: $3.50 per unit $2500 ~ · ,v =~ ~u~um , ~o.oo er rental unit. $30.00 per building, $20.00 per rental unit. $30.00' enta] unit. ~renta] unit. ELK RIVER PRICE BASED ON FEES $11,662.00 $5,820.00 $16,576.00 $11,640.00 $9,104.00 $4,765.00 RESOLUTION 96 - A RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION ESTABLISHING FEES FOR A RENTAL DWELLING LICENSES AND RE-INSPECTION OF A RENTAL DWELLING WHEREAS, WHEREAS, the City Council for the City of Elk River has reviewed the projected cost to the city for the administration of the city's Housing Maintenance Ordinance; and, the City Council for the City of Elk River has considered what cities with similar housing maintenance programs charge for a yearly license. NOW, THEREFORE, BE IT RESOLVED that the yearly rental dwelling license in the City of Elk River shall be ~; /unit and that a re- inspection (other than a follow-up inspection for corrections after the initial inspection) shall be $ Passed and adopted by the City Council of the City of Elk River this 22nd day of July, 1996. Henry A. Duitsman, Mayor ATTEST: Sandra A. Thackeray, City Clerk s:\documentXresoluti\oa96.10.doc Guardian Angels of Elk River 176 Apartments Inspections: Contracts III. Fire Alarm System (Yearly) Check smoke and heat detectors, pull cords and flow switches. Fire Pumps (Yearly) Test sprinkler motor and fire pumps, water supply and control valves. Fire Extinguishers (Yearly) Inspects all for operation. IV. Back Flow Preventors (Tested Yearly) VI. VII. VIII. Comprehensive Needs Assessment (Required by HUD) Completed by professional qualified entity approved by HUD. A thorough and detailed physical plant inspection (see attachment). Physical Plant Inspection (Yearly or as warranted by findings) Conducted by HUD personnel. Insurance Company (Yearly) Loss control engineer Boiler inspection - physical plant MN Dept. Of Health (Yearly) Inspects food prep/service areas In-house Individual Apamnent Inspection ( c/~ ,, -~ Jv ~ Required by HUD - completed by Housing Management and Maintenance. Follow-up supervised by HUD. or ELK RIVER INC. II. IV. VI. 350 Evans Avenue Elk River, MN 55330 Specializing in Senior Housing and Senior Services SHERRY K. EMERSON Director of Operations Telephone: (612) 241-4430 Fax: 241-4443 Guardian Angels Apa Elk River, MN Contracts for Service Elevator Maintenance (Monthly) Exterminating (Monthly) Garbage/Recycling (Bi-Weekly) Snow Removal (As Needed: Rule of thumb - 2 inches of snow necessitates) StaffMaintenance: Shovel walks, apply salt/sand. Window Washing (Yearly) (Washes windows inside and outside) Staffing for Housing 2 Full-time Maintenance staff * 1 st Class B Boiler License * 2nd Class A Boiler License ]30 all preventative maintenance along with daily work orders for repairs.