96-017 ORDORDINANCE 96- 17
CITY OF ELK RIVER
AN ORI2INANCE 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 flfll 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.
,?rI~n~ A. Duitsman, Mayor
ATTEST:
Sandra A. Thackeray, City Cl%/k
7/16/96
SECTION 1007 - HOUSING PIAINTENANCE ORDINAaNCE
1007.00 - P~POSE A/qD 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-houel, 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 5he
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 Wi~h 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 AA~ 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 I!0°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, shat~ '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 cr 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.
1007.04 - ENFORCEMENT
!. Authority - The Building~h~.Zonihg 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
~enants 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 t~at pars 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~Ccupan~y 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. App!icants shali 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.
b)
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.
C2' 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
o
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 a. Alt 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 - DOORS~ WINDOWS~ 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
10,
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
Septer~ber 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. Sliding doors shall be equipped
with an anti-lift and removal lock. All 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.
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;
E. Minnesota Statute 609.33, which prohibits owning,
leasing, operating, ma~aging~ 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).
13.
If another instance of disorderly use of the licensed premises
occurs within three (3) months after any two (2) previous
instances of disorderly use f~:~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 tke 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. Inadeauate 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.
14.
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.
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.
15.
H. Fireplaces or chim~s~ Wh±C~i'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 P!umbinq - 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.
16.
10. Faulty Materials of Construction - Ail materials of
construction except those which are specifically allowed or
approved by the City Code o'f Ordinances and the Building Code,
and which have been adequately maintained in good and safe
condition.
I1. 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 -
All 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 OccuDancy'- 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.
17.
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 orde~ 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.
18.
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 Administrato~ 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. Posting - 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
19.
building, and shall be in substantially the following
form:
UNSAFE TO OCCUPY
It is a misdemeanor to occupy this building,
or to remove or de~ace this notice.
Building and Zoning Administrator
........ of .......
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
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
Achninistrator 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
21.
RESOLUTION 96 - 61
RESOLUTION FOR THE CITY OF ELK RIVER
.~?. --RESOLUTION APPROV!.NG NOTICE OF SUMMARY
PUBLICATION OF ORDINANCE 96 - 17 AMENDING THE CITY
CODE OF ORDINANCES TO INCLUDE SECTION 1007, HOUSING
MAINTENANCE ORDINANCE
HEREAS, the City of Elk River is concerned that residents of rental
property could be exposed to situations that jeopardize their
health, safety, or welfare that are out of their control to rectify
because they are not the premise owner; and,
WHEREAS,
the City of Elk River researched, housing maintenance codes
from other cities and the Uniform Housing Code for appropriate
health, safety, and welfare controls to place on rental properties;
and, -
WHEREAS,
a public hearing with due notice in the Elk River Star News and
mailed notice to the individual owners of apartment buildings
~vas held regarding this subject on July 22, 1996, during which
the Elk River City Council received pubhc input.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Elk River, Minnesota, that ordinance 96 -17, passed and adopted
on the 22 day of July, 1996 is summarized for publication as
follows:
o
Adding definitions relating to rental dwellings and theft
inspection.
Adding a listing of responsibilities of the owner and occupant of
a rental dwelhng.
Adding provision requiring rental dwellings to obtain a yearly
license and inspection.
Adding specific health, safety, and welfare standards for rental
dwelhngs.
Adding a definition and procedure with respect to substandard
buildings.
\\elkriver\sys\shrdoc\b&z\steverkhoums um.doc
A copy of the full text of the regulations regarding Housing Maintenance is
available for inspection by any person at the Elk River City Clerk's office,
13065 Orono Parkway, during normal business hours.
Passed and adopted by the Elk River City Council this 19th day of August,
1996.
Sandra A. Thackeray, City Clerl~
~/tiI ~ m/%fA. Duitsman
Mfidavit of Publication
AUG 3 0 1996
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
(JU\!\ ~~~ ,
being duly sworn, on oath says that he/she is the publisher or
authorized agent and employee of the publisher of the newspa-
per known as The Elk River Star News, and has full knowledge
of the facts which are stated below:
(A) The newspaper has complied with all the requirements
constituting qualification as a qualified newspaper, as provided
by Minnesota Statute 331A.02, 331A.07, and other applicable
laws, as am~nded. '<.' ~ ') C1/.' f~ I
(B) The pnnted I W' f\A-.-' \0 lC7
re
2.
-of' ccupant ntal
d welling.-. . . ...".~ . ~, "
3. Adding provision requiring rental
dwellings to obtain a yearly Ii se
- and inspection. . .
4. Adding specific health, .SD
welt: . ds for'. rental
dwell
5. AddiDg a efihitiori
with respect to substand
A copy of the full text
..tions regarding HoullIDg
is avmlable for inspection
son at the E,lk..Rlver, City 'Clerks ,
office, 13065 Orono Parkw -. g
normal business hours." ; ~
Pasill~a and adopted by the
. City Council this 19th day of August,
1996.
. Henry A. Duitsman
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for I s~
cessiveweks;itwasfirstpublishedonWednesday,the ~1> --
day of , 19~, and was thereafter
printed and puH shed on every Wednesday to and including
Wednesday, the _ day of ,19_;
and printed below is a copy of the lower case alphabet from A to
Z, both inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication of the
notice.
a bc defghij klmno p qrstu vwxyz
BY: ca~ ~/v,~
TITLE: y~'~) "t
Subscribed and sworn to before me on this ;:) ~ day of
~1-~5~ ,19~. , ~. ~
(1 '. /1 () ^ n_
~ )-y \ ' h' .1 ~/1'1A "uJA-.<)~ V
Notary Public
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users for comparable ~7.00
space $
(2) Maximum rate allowed by law for (O'b<3"1
the above matter $
(3) Rate actually charged for the foCb . '<> 1
above matter $