7.6. SR 07-24-1995~ a~
ity of
lk~ River
Item 7.6.
MEMORANDUM
TO: Mayor & City Council
FROM: Pat Klaers, City Adn~f/rator
DATE: July 24, 1995
SUBJECT: Housing Maintenance Ordinance
Building and Zoning Administrator Steve Rohlf and Building Official Cliff
Skogstad have been working on a Housing Maintenance (HM) ordinance and
a multi-family housing inspection program for over a year. This program has
at times been interwoven with a fire inspection program and at times been
completely independent of any proposed fire inspection program. Steve and
Cliff began work on a HM ordinance with former Fire Chief, Russ Anderson
and have renewed their efforts on this project with the current Fire Chief,
Bruce West. Bruce, Steve, and Cliff are now ready to present a proposed HM
• ordinance for review by the City Council.
Some questions and issues related to the HM ordinance include the following:
• What types of codes have been successful in other communities...A
code that simply addresses the bare minimum health, safety, and
welfare issues or a code that addresses other issues such as the
aesthetics or appearance of the property, police complaint issues,
and nuisance complaints?
• How does the HM ordinance interrelate with a future fire
inspection program and code? Currently, fire inspections are taking
place under the State code, but we anticipate a City of Elk River
fire inspection code and program being implemented in the future.
• What type of manpower is needed for implementing the HM
ordinance? How often are the inspections to-take place under the
HM ordinance...annually, every two years, or less frequently?
• What fee should be paid by apartment complexes for an apartment
rental license? This fee will help finance the HM ordinance
inspections.
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
• The HM ordinance will at first deal with multi-family apartment
units. In the future, the HM ordinance will also need to address
single family homes that are converted into rental units. When
does the inspection program for these converted homes get
initiated?
Based on conversations with officials in other communities, what
are the overall benefits to the community for having an HM
ordinance and what are the biggest negatives of having an HM
ordinance?
No Council action on approving an HM ordinance is requested Monday night
or in the next few weeks. Staff needs City Council input on what direction
this HM ordinance should take and how this HM ordinance should
interrelate with the Fire Chief and a commerciallindustrial (plus public and
quasi-public buildings) fire inspection program. One of the key issues for the
Council is whether or not we want an HM ordinance that only deals with the
bare minimum health, safety, and welfare issues or if we want an HM
ordinance that goes beyond the bare minimum items and into other elements
that help make the community more livable. Every indication that we have
received from other communities is that the maintenance ordinance has to go
• beyond the bare minimum health, safety, and welfare issues. Additionally,
all the other communities have indicated to us that we are being pro-active
and are getting "ahead of the curve" in beginning this program before major
problems exist.
Once this proposed HM ordinance gets closer to a final draft status, staff will
hold a meeting with apartment complex owners to obtain their comments and
input.
Staff looks forward to receiving Council direction on how to proceed with this
program.
council:hmo
•
~~r ~~
~ ~
ity of ~~
lk •
River
TO:
Item 7.6.
MEMORANDUM
Mayor and City Council
FROM: Stephen Rohlf, Building
and Zoning Administrator &
Bruce West, Fire Chief
DATE: July 18, 1995 S~-
SUBJECT: Housing Code Enforcement
(Rental Inspection)
Introduction
As directed by the City Council, staff has extensively researched the issue of
starting a rental housing inspection program in the City of Elk River. We
have reviewed numerous ordinances and had direct conversations with St.
• Louis Park, Columbia Heights, Fridley, and Brooklyn Park, all of whom
currently have housing inspection programs. This issue has also been
discussed at the staff level on two occasions.
The draft ordinance attached to this memo reflects staff's thinking regarding
a rental inspection program, thus far. We need input from the City Council
on a number on issues prior to finalizing this ordinance. The areas we feel
are significant issues are as follows:
1. Rental Housing' Inspection Pro~'ram Conducted by the Fire
Department or Building and Zoning Department
Staff did consider recommending that the housing inspection
program be run by the Fire Department. Staff was concerned
about an apartment owner being hit with two different
inspections (a housing inspection and a fire inspection) at two
different times. We thought it may be easier to coordinate
conducting both of these inspections at the same time, if both
programs were run by the Fire Department. In addition, the
Fire Chief felt that pre-planning (preparing a plan on how to
attack a fire in an apartment) could be conducted at the same
• time as the rentaUfire inspection.
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Page 2
Staff is recommending that the housing inspection program be
conducted by the Building and Zoning Department. Further, we
• are recommending that for apartment buildings the housing
inspector also does fire inspections. Having these inspections
conducted by the Building and Zoning Department places all
inspections for the city in one place.
If the Fire Department did the housing inspections, filing,
scheduling of inspections, preparing licenses, etc., would still
need to be done by secretarial staff from the Building and
Zoning Department. Having the inspector housed at the Fire
Department and the permits and licenses at City Hall, would
not be very user friendly.
If the housing inspector also does fire inspections, it eliminates
the issue of hitting the apartment owner twice for inspections.
A housing/fire inspector may or may not be able to help the Fire
Department in pre-planning.
2. Yearly License
Initially, staff was proposing to do the housing inspection during
the non-peak construction season (winter) with whatever time
. could be squeezed out of the building inspectors. The Council
will recall that this is one reason that was used to justify the
hiring of Dennis Anderson. When we presented this to the City
Council we estimated that it would take 4 to 5 years to do the
initial round of inspections on just apartment buildings. Every
city we talked to adamantly emphasized yearly inspections and
licensing. They made the point that if licensing and inspections
are not done yearly it makes a mockery of the program and
there is a consistency issue with who gets inspected when.
3. Hiring a Housing' Code Inspector/Fire Inspector
Staff knows that this topic is not going to be a popular issue
with the City Council. However, without an additional inspector
to administer this program, staff is strongly recommending that
we do not even start it. There are currently 1,060 apartment
units in Elk River and over 300 other rental units. If housing
inspection can not be done consistently, thoroughly, and timely,
the program will be a failure.
Using existing staff will not be adequate. Since Dennis
• Anderson was hired, building activity has increased. 1994, was
a record year for commercial and industrial valuation of
cc-house/bz/stever
Page 3
construction. During the first half of 1994, there was a little
over $2,000,000 of commerciaUindustrial construction. During
the same period in 1995, there was nearly $7.5 million dollars
worth. Dennis had to aid Cliff Skogstad by doing plumbing
and heating inspections on commercial and industrial buildings.
Single-family home construction has also increased. During the
first half of 1993, when an additional inspector was requested in
the budget, there were 40 new home starts. The first half of
1994 saw 86 new home starts and 1995 had 98.
Fire Chief, Bruce West is considering using part-time fire
inspectors to keep up with commercial and industrial fire
inspection. Hiring this new inspector could take part of that
burden by doing fire inspections on rental units. Fire
inspections on rental units is an additional item that was not
considered when Dennis Anderson was hired.
To keep up with rental inspections it is anticipated that in
addition to a new inspector, Dennis Anderson and Terry Zajac
would have to help in the winter. Again, we are strongly
recommending that if additional help is not possible at this time
we do not start the rental inspection program until additional
• help can be obtained.
4. Controversy
If the council chooses to start a rental inspection program, they
must be ready to back staff when we enforce whatever ordinance
is passed. There will be complaints from apartment owners.
There may also be complaints from tenants if staff inspects a
dangerous, and possibly life threatening, rental unit. We would
have no choice other than to order that unit vacated. This will
cause a hardship for the tenant, being temporarily dislocated
from their home.
5. Disorderly Tenants
Attached to this memo is a news article from the Minneapolis
Star and Tribune dated Monday, May 29, 1995. The article is in
regards to a law suit in Minneapolis over apartment owners
being responsible for disorderly tenants. The section in the
attached ordinance which deals with disorderly tenants is
1007.16, found on page 13. This section is being recommended
• by the Police Department and would be the Police Department's
responsibility to enforce.
cc-house/bz/stever
Page 4
The Police Department views this section as an aid to work with
the landlord to remove disorderly tenants. The Police
Department feels that the only landlords that would have a
problem with this section are those that condone disorderly
conduct. Calls for service in apartments buildings are extremely
high in comparison to a typical single-family home. The Police
Department feels this section is critical and would work hand in
hand with a program they are developing in cooperation with
local landlords called "Crime Free Multi-Housing Program."
6. Tenant List
Section 1007.06 (4) (B) (ii) (b), found on page 8 of the attached
ordinance, requires that landlords provide a list of all occupants
including their date of birth, social security number, and drivers
license number. This tenant list is also being recommended by
the Police Department. Social Security numbers are protected
information. Therefore, the Police Department is recommending
this item not be required information.
Apparently there is an abnormally high number of felons and
others with outstanding warrants that abide in apartments.
• Unlike asingle-family home where you can control who is under
your roof, in an apartment building tenants could have a child
molester living under the same roof and not know it.
7. Health Safety Welfare VS Aesthetics
Section 1007.16 titled "Exterior Premises" found on page 12 of
the attached ordinance, deals with the aesthetics of the rental
premise. Issues such as landscaping, screening, and lighting,
were not added to this section because they are dealt with
adequately in our zoning ordinance.
Staff feels the priority with the housing ordinance must be the
health, safety, and welfare of the tenants. However, the
aesthetics of rental dwellings is also important to adjacent
property values and the general image of the city. This section
may be getting into issues that some of the council were not
anticipating, however, staff recommends we keep this section in
the ordinance.
The requirements of this section must be administered with
• some flexibility. For example, if an existing apartment is one
parking stall shy of what would normally be required, but has
cc-house/bz/stever
Page 5
absolutely no land to accomplish the additional parking stall,
staff would not require the impossible. Another example would
be allowing a reasonable time frame to accomplish costly, but
non-health/safety or welfare corrections.
8. Fees
Staff is proposing a license fee, a license transfer fee, and an
inspection fee. The license fee would cover the yearly inspection
and follow-up inspection for corrections. The inspection fee
would be applied if additional follow-up inspections need to be
made for corrections or an inspection is made in response to a
complaint.
Attached to this memo is a chart showing what various
communities charge for rental dwelling licenses. The norm for
which seems to be around $20.00 per unit. At $20/unit, a 68
unit apartment would require a $1,360 yearly license fee. This
fee seems high. If we use a progressive scale whereby larger
buildings receive some sort of a discount, then smaller
apartments will pay more money per unit. Smaller apartment
buildings may have to charge higher rents because of the higher
license fee cost per unit, giving the larger apartments a
competitive edge.
Other communities charge a flat fee per building of say $150,
and then so much per unit. It is assumed that the flat fee is to
cover the paperwork that is needed to administer a license,
which is no harder for a large building than it would be for a
small building. Again, this system would favor larger buildings
as far as the cost of the license per unit.
Staff feels that it is unrealistic to charge enough at this point,
with the number of apartment units we have, to cover the rental
housing inspection program. However, approximately $20,000
of license fees could be gathered to aid the program financially.
Staff does not expect the City Council to come up with a specific
fee at this point, but we would like your comments.
9. Which Units are Priority
Staff recommends starting the housing rental inspection
program with apartments. If an inspector is hired we would
anticipate all apartments being inspected and licensed in 1996.
• There will be numerous corrections, especially on the older
apartments, during the first round of inspections. These
cc-house/bz/stever
Page 6
corrections will take numerous follow-ups and possible court
action to get resolved.
•
Once all of the apartment buildings have had their initial
inspections and licensing, the next round of licensing should
become easier. Staff asks if it is the council's intent that this
program then starts to license and inspect rental single-family
dwellings and duplexes. If so, staff would not anticipate getting
to these units until the second year of the program.
Section 1007.06 (4) (A), found on page 7 of the attached
ordinance, calls for notification by the city before a license is
required. We worded this section as such so we could start the
program with apartments, which affects the most people, and
add rental single-family dwellings and duplexes at a later date
without doing an ordinance amendment. The way it would work
is notification would be given only to apartments initially.
Notification would then be given to rental single-family
dwellings and duplexes when we were ready to inspect them.
10. Blank Sections
The council will note that Section 1007.22 C, found on page 21
and Section 1007.26, foup.d on page 24, have been left blank.
These sections will be written by the City Attorney at a later
date. The later, Section 1007.24, will allow the city to cause
repairs or demolition to be done in extreme cases where the
landlord refuses. The work done by the city then can be
assessed and a lien placed on the property. This would be the
ultimate solution, if all else fails.
11. Timin
A. June/95, input from city staff.
B. July/95, input from City Council.
C. August-September/95, notification to apartment owners of
city's intent to start a rental housing inspection program
and meetings with them to gain input. Staff feels that it
is important to get input from the apartment owners prior
to the ordinance being passed so it does not appear that
their issues are not being considered.
• D. October-November/95, final passage of housing
maintenance code by City Council.
cc-house/bz/stever
Page 7
E. November-December/95, hiring of housing/fire inspector.
. At this time licenses and other forms would be prepared,
the rental dwelling units inventoried, and notifications of
inspection and licensing requirements would be sent out.
F. January/96, the inspection and licensing program for
apartments would begin.
G. January/97, inspection and licensing for all rental
dwellings would begin.
In conclusion, a rental housing inspection program can be as much or as little
as the City Council wants. Staff needs your direction in order to prepare the
appropriate ordinance. We strongly recommend that whatever ordinance is
passed, the appropriate manpower to enforce it is provided. Bruce West, Tom
Zerwas, Cliff Skogstad, and myself, will be at Monday night's meeting to
address these issues with you.
•
•
cc-house/bz/stever
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61~~ Monday/May 29/1995/Star Tribune
n
~~t troubles /Man landlords have horror st
w
C~$liaued from page lA
~'
ti facirrg city landlords who are
~g pressed to screen prospective
landlord,. William McGaughey,
he had once rejected Hughes as a
nt in his building at 1708 GIrn-
i Av. N. -which has since been
~d by health inspectors - be- -
of evictions involving mem-
of her family, including her
per- - .. ... ...
"'this group of people would not be
aloe to find rental property at all if
w ,did what the city of Minneapolis
as us to do," McGaughey said.
S the in City Hall say the current
s}atem of licensing landlords works,
ar~d they cite the case of Bigos as an
example of how officials can take a
hand line when they have to.
Bnt her case strikes at the heart of a
n¢,4v proposal that would make rental
pr,~perty owners responsible - on
paoalty of license revocation -for
th~mrsbehavior of any occupants of
thstr property, even those who don't
refit from them. Tenants who make
li~.unbe~rable for their neighbors are
a ever more frequent occurrence in
a e of rising crime, violence and
dreg abuse.
of the most recent search war-
. ra>)ts conducted in an apartment at
Brgos' building at 2300-2324 Pleasant
Aa~ S. produced what police termed a
"large quantity of heroin." For hap•
lase; neighbors, the drama of the bust .
wa',S punctuated by six gunshots fired
gh the door at police officers.:
came the middle-of-the-day
e-by shooting on Pleasant that
sef~t Banks diving to protect his son.
Bi~us, having been accused of gener-
ally:ignoring neighbors' pleas to clean
upper building, has few defenders,
+ .even within the city's increasingly
i orjfanized community of rental prop-
ert~ owners..
Tips for screening tenants
Companies that specialize in screening potential renters are listed in
the Yellow Pages under credit reporting agencies. If you do your
own screening, you can avoid discrimination complaints by using the
same process for all applicants. lie sure that the process is
explained to each applicaht and that the application is tcompleted in
Writing. ",,
^ Application process/ . .
Ask each tehaM to complete an application form that includes rental
history, financial information, family information and personal refer-
ences. It should also state that giving false or incomplete information
is grounds for rejecting their rental application and will violate the
rental agreement if discovered later.
Compare applicants' identification with their written applications.
If applicants have Veen on your waiting list for more than a month,
have them fill out a new application and compare the new informa-
tion with the old.
Charge a nonrefundable screening fee; you can apply it to the first
month's rent.
Take time to talk with the applicants to learn more about them.
Discuss your written code of conduct, which should clearly state
behavior expectations. Inform applicants that may must sign off on
the code of conduct when they sign a lease.
^ Check rental references/
Drive by the applicant's current and previous addresses to verity the
information on the application. You may also want to talk to the
manager or caretakers, if they are available. You can verify owrter-
ship of propertjr by calling for property tax information at 348-3011 '
or rental licensing at 673-5856.
^ Check applicants for previous incidents of eviction or unlawful
detainer/
These records are available on the eighth floor of the Hennepin
County Government Center or phone 348-5185.
^ Call all personal references/
^ Criminal history checks/
If you choose to do criminal history checks, get signed releases
from the applicants. Check public records by calling 348-3724.
Check Minneapolis arrest records by calling 673-2808 from 8 a.m. to
5 p.m. Tuesday through Friday: Limit your inquiries to three names.
Source: Minneapolis. Community Crime
Prevention -
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r~,rdi~ ~u~~~, F~ -~ - - Sr.
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3' ': e .. i,Fa-
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Staff Photo by Charles Bjorgen
City officials say this 60-unit apartment building at 2300 Pleasant
Av., Minneapolis, is a haven for drug dealers.
r.
a •
~~~Drean~n Of A ~
f~~: '~ :mot ~: .,
~ ~ '~~~ ' ~ :•- .Let Us Help You
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"1'[n a landlord myself, and you're a
disgrace to this industry; ' scolded
Council Member Steve Minn at a On the surface, it's a battle over tenants into scattered-site housing.
recent council meeting. Minn, who everyday nuisances such as broken
owns about 200 units of rental hous- screens, litter and graffiti. But the Still, while tenants' groups and land-
ing,;in the city, told Bigos: "The woes subtext of the debate often comes lords often disagree over who is to
you; describe are the woes of every down to differences over values, life- blame for their problems, they have
Iarijllord imthis city. You're not fit to styles, personal responsibility and, to found wmmonground in thefi`'o~po-
rut`rXhat building." some extent, race and class. sition to t e cuy s propo new li-
g
F Bur; Bigos and some other rental Everylandlord who rents in the inner censin e.
property owners say they .are being city has a horror story or two to tell. Added liability for landlords means
unfpirly blamed for a growing Hain- more stringent tenant screening,
t, berpof disruptive, sometimes crimi- Johnston describes one case: a wom- which in turn is likely to squeeze out
nal~enants who hrde behind a host of an on a Section 8 federal rental subsi- those with troubled lives and trou-
legal protections erected by the dy who moved out without notifying bled pasts.
courts, legislators, city inspectors and him or anyone else. She apparentl
k tenant advocates. left the apartment to her 18-year-old The logical result of tenant screening
son, who turned the unit into atrash- is homelessness, Hill said.
f ' I' a been shot at, I've been chased strewn party house.
wrt~l kitchen knives and baseball At the same time, landlord groups
I bath" said Ed Johnston,' a Whittier Johnston, checking in to find out .warn that more stringent licensing
` pro~erty owner who has had many why the woman was not paying her provisions are apt to drive out prop-
apartment units trashed by problem part of the rent, soon found that the arty owners who already are feeling
tenants. "We have a serious behavior utility bills were not being paid ei- overly taxed and regulated -and,
problem here." that. The electricity had been cut off increasingly, frightened of their own
and maggots were in the meat in the customers.
For*aandlords such as Johnston, who refrigerator.
hintself has been hit with the "slum- "You will see an exodus of rental
lord;' tag by the Minnesota Tenants "It's incredible some of the stuff housing from the city," said Steven
U ` n, the proposal to make rental that's going on," he said. Schachtman, president of Steven
y owners responsible for mis- Scott Management Inc., which owns
or of any occupants on their But Kirk Hill, who heads the Minna- or manages about 4,750 apartments
p: rty comes as a particularly bit- sofa Tenants Union, said that for in the Twin Cities area. "The key is,
ter pill. every war story about a bad tenant, where are you going to put all these
k, there's one to match it about abusive people who are going to be pushed
"It's: unconstitutional;' said Charlie management, repairs not done or out?"
INsney, the leader of a newly formed damage deposits withheld for no
landlord group called the Minneapo- good reason. As it is, landlords in Minneapolis are
lie Property Owners Action League, under increasing pressure from city
whi~+h is contemplating legal action "It's easy to scapegoat tenants," Hill officials, neighborhood groups and
agary~st the city. said. Moreover, he said, much of the their own professional organizations,
' landlords' scoro_is directed at low- chiefly the Minnesota Multi-Housing
., "We`re getting hit from all sides," income and minority tenants. Race, Association, to screen prospective
Disney said. `Tenants break things he said, "is a huge aspect of it" tenants and screen them well.
' or don't want to pay the rent, and the
coups are skewed in their favor. Those tensions are apt to intensify as' Instructions provided by city crime-
They have a-lot more rights and no the city moves to tear down some of prevention officers even offer land-
, ccn~quences for their behavior." its oldest public housing projects and
disperse thousands of low-income Rent troubles continued on page 7A
,,~•
iCanf
a~
,,,, - _~
a,
~~°'~._
.. -.mss:. .._-_ ~~
Long Distance Minneapolis St. Pe
~~ ,1~, Dau Douect 525-1494 221-0
Visit Our Showroom: 5120 cedar Lake Road • St Louis Park, MN • Showroom 0
Incredible
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Clearance! 1
^ 5 pc. Cushion Sets ..197 ''
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^ Hammock & Stand ~ ~~ 47 ~ ~ ~ "
^ Replacement Cushions.. CLEAktANCE PR1CEQi
•
•
•
Star Trlbtme
Monday/May 29/1995 .7A
Rent troubles
Continued ire page 6A
lords tips on how to show apartments
ta, strangers without getting mugged:
make them show an 1.D. card first
arid always stand by the door, for
example.
Sbme say it's all just a sign of the
times. "The tenant issue is a hot
one," said Connie Fournier, the city's
dCpuly chief of inspections. "Crime
and demogrsphitx have changed. I
can't say it's not a tough business to
be in.°
~-.-
But she disputes that the proposed
licensing ordinance would change life
much for landlords; thg new ]an ge
essendall codifies n --stg~city
licensi rcr rch, in their first
four years, ave resulted in only two
rental license revocations on the ba-
sis oftenant behavior.
One of those revocations was over-
turned in court last year. It involved
the building at 1030 Morgan: Av. N.,
where last week's fatal shooting oo-
carted...
Said Council Member Alice Rain-
ville, alandlord: "The city can't con-
trol 1030 Morgan, so how can a land-
lord be responsible for their
tenants?"
Mayor Sharon Sayles Helton, who
supports the new get-tough policy
with landlords, suggested-that some-
how the city needs to maintain some
leverage over landlords who let
things get out of control. "The bot-
tom line is: We've got to get the
managemtnt of housing under con-
trol," she said.
Still, some warn that elected officials
who are pressing landlords to evict
bad tenants and do more rigorous
background checks on prospective
ones may want to carefully consider
what they're asking for.
In a city with 17,200 apartment
buildings and about 80,000 rental i
units, there were ]0,144 legal evic- !.
bons filed last year. If it became
universal practice for landlords to
reject prospective tenants with previ- ',
ous evictions, there are easily thou-
sands of residenu who could not find
housing anymore.
Indeed, the fear of closing down the
apartment building at 2300-2324
Pleasant and putting 40 or 45 more
people out on the street has given
officials pause in moving against Bi-
gos, whose rental license revocation
would otherwise be a certainty by
now.
Landlords say the number of evic.
bons, which reached 14,236 in 1987,
would be higher were it not for
better tenant screening and the fact
that some tenant behavior has be-
come so egregious that in some cases
landlords .don't even bother to file
costly unlawful-detainer actions.
Some. tenants are arrested and taken
away by the police, some leave of
their own accord and some are liter-
ally paid to go by landlords anxious
to be rid ofthem.
Fournier and other city officials say
that the vast majority of property
owners who screen tenants and man-
age their buildings well have few
problems.
But according to Schachtman, no
amount of landlord supervision will
ever solve what he sees fundamental-
ly as the domestic side of society's
crime problem.
In the past week, he said, he's had to
dea with a drug bust in one of his
buildings, a man who pistol-whipped
his ex-wife and an intoxicated wom-
an whose 14-year-old son pulled out
a gun on the property.
Landlords emphasize that even soci-
ety's outcasts have to live
somewhere.
"The business has changed,"
Schachtman said. "Landlords used to
collect rent and maintain .buildings.
Now the landlord has to act as social
worker, psychologist, conciliator and
policeman."
Pope asks filmmakers
to show responsibility
Associated Press
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DRAFT
• 7/24/95
SECTION 1007 - HOUSING MAINTENANCE ORDINANCE
1007.00 - PURPOSE AND SCOPE
1. Purpose - The purpose of this ordinance is to provide
minimum standards to safeguard life, health, property, and public
welfare by regulating the occupancy and maintenance of all
residential rental buildings and structures within the City of
Elk River.
2. Scope - The provisions of this code 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 Code for dwellings.
A. Additions, Alterations, or Rex~airs - 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 - 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 is not dangerous to
life, health, property, or public welfare.
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
1.
®RAF1'
• 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 110°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
conditions 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.
2.
DRAFT
• 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 the is ordinance to the
same extent as the owner.
~FRMISSIBLE OCCUPANCY: The maximum number of persons permitted
to reside in a dwelling unit or rooming unit.
PLUMBING: All 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 city ordinances.
3.
DRAFT`
• &UPPLIED: 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
1. General
A. Authoritv - 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.
• B. Riaht 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 any condition or code violation which makes such
building or premises unsafe, dangerous or hazardous, the
Building and Zoning Administrator or his authorized
representative 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.
4.
DRAFT'
• C. Responsibilities of Owners and Occunan - Every owner
remains 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.
All 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 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 environmental control ordinance and
approved by the Building and Zoning Administrator.
•
5.
®F~
• Every occupant shall, where required by this ordinance, the
environmental control ordinance, or the Building and Zoning
Administrator, furnish and maintain approved devices,
equipment, or facilities necessary to keep his/her premises
safe and sanitary.
2. Substandard Buildings - All 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.
3. Right of Appeal - When a person to whom a Compliance Order
is directed 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.
• 4. 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.
X007.06 - 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 - All buildings or
structures within the scope of this ordinance and all
6.
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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 Code and the
Building Code.
B. Response to Com~?laints - 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 Insx~ections - All 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.
4. License
• A. License Rer~uired - 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.
•
7.
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ii. Applicants shall provide all the information
requested on license applications, including but not
limited to:
a) All owners of rental dwellings shall
provide telephone access number(s) to be
used in emergency situations, including
emergency maintenance and repair. This
requirement shall be a condition precedent
to the issuance of any rental license.
b) Such other information as the
administrative service shall require. Said
information may include, but is not limited
to, tenant lists which include tenants
name, unit, and identifying information
(i.e. date of birth, social security
number, driver's license number.)
iii. Failure to complete, in full, the required
license application shall be grounds for denial
of the license.
iv. No person, firm, or corporation shall give or
submit false information on a license application
or any renewal thereof.
C. Application and Inspection - Upon receipt of a
properly executed application for a rental dwelling license,
the Building and Zoning Administrator shall cause an
inspection to be made of the premises to ensure that the
structure is in compliance with the requirements of the City
Code of Ordinances including this ordinance.
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 Displav - 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
8.
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• 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 those inspections made in response to a complaint and
inspections in addition to the initial license inspection
and 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 7.10 of the
City Code.
J. License Fees - All fees required by this ordinance
shall be established by Council resolution.
1007.08 - SPACE AND OCCUPANCY STANDARDS
1. Location on Propert,~r - All 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.
9.
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• 2. All existing rental dwelling units shall be brought into
compliance with the City Code of Ordinances including the Uniform
Building Code, prior to the issuance of a rental dwelling
license. Modifications to the requirements of the Uniform
Building Code shall be allowed as provided by Section 108 of the
Uniform Building Code.
3. Maximum Density and Minimum Space for Rental Units
A. No person shall rent or let to another for occupancy
any rental dwelling for the purpose of living, sleeping,
eating, or cooking therein, which does not comply with the
following requirement, to wit:
i. Permissible Occupancy of Dwelling - The maximum
permissible occupancy of any rental dwelling unit
shall be determined as follows:
a. For the first occupant, 150 square feet of
habitable room floor space and for every
additional occupant thereof, at least 100 square
feet of habitable room floor space.
• b. The unit shall be provided with a separate
closet.
c. The unit shall be provided with a kitchen
sink, cooking appliance, and refrigeration
facilities, each having a clear working space of
not less than 30 inches in front. Light and
ventilation conforming to this ordinance shall be
provided.
d. The unit shall be provided with a separate
bathroom containing a water closet, lavatory, and
bathtub or shower.
e. In no event shall the total number of
occupants exceed two times the number of
habitable, rooms, less kitchen, in the dwelling
unit.
ii. No person shall occupy as an owner-occupant or
let to another for occupancy, any dwelling unit for
occupancy by more than one Family, other than for
temporary guests.
•
10.
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• 1007.10 - ELECTRICAL EOUI~MENT
All electrical equipment, wiring, and appliances shall be
installed and maintained in a safe manner in accordance with all
applicable laws. All electrical equipment shall be of an
approved type.
Where there is electrical power available within 300 feet of any
building, such building shall be connected to such electrical
power. Every habitable room shall contain at least two
electrical convenience outlets or one convenience outlet and one
electric light fixture. Every water closet compartment, bathroom,
laundry room, furnace room, and public hallway shall contain at
least one electric light fixture.
Aid from the Minnesota State Electrical Board will be solicited
as needed to determine whether or not electrical equipment and/or
wire is safe. 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 an foyer doors,
and locked doors leading from the hallways into individual
dwelling units. Dead-latch type door locks shall be provided with
releasable lever knobs (or doorknobs) on the inside of building
entrance doors and with key cylinders on the outside of the
• building doors. Building entrance door-latches shall be of the
type that are permanently locked. An approved lock box with
11.
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• building entry key, boiler room key, laundry and common area
keys, all marked individually accessible to the Fire Department
must be provided 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. Apbroved Lock - Every door that provides ingress or egress
for a dwelling unit within a multiple family unit shall be
equipped with an approved lock that has a dead locking bolt that
cannot be retracted by end pressure; provided, however, that such
doors shall be openable from the inside without the use of a key
or any special knowledge or effort.
4. 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. All ingress, egress, and
interior doors and windows shall be kept free of holes and
punctures.
X007.16 - 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.
12.
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• 4. Parkina
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. All parking spaces must be surfaced with asphalt or
concrete.
D. Curb guards and/or guardrails must be provided for
parking spaces situated above retaining walls.
E. An unobstructed path must be provided between parking
areas and the dwelling unit.
. F. Lighting must be provided for parking areas and
walkways between the parking area and the dwelling unit.
G. Driveways leading to parking areas and/or access ways
to buildings must be maintained and kept in good repair.
Parking areas and driveways shall be hardsurfaced with
asphalt or concrete.
H. Unlicensed and/or inoperable vehicles are prohibited
at the premise.
1. Responsibility - It shall be the responsibility of the
licensee to take appropriate action following conduct by persons
occupying the premises which is determined to be disorderly, in
violation of any of the following statutes or ordinances:
A. Minnesota Statutes 609.75 through 609.76 which
prohibit gambling;
B. Minnesota Statutes 609.75 through 609.324 which
prohibit prostitution and acts relating thereto;
•
13.
• C. Minnesota Statutes 152.01 through 152.025, and
152.027, subds. 1 and 2, which prohibit the unlawful sale or
possession of controlled substances;
D. Minnesota Statute 340A.401, which prohibits the
unlawful sale of alcoholic beverages;
E. Minnesota Statute 609.33, which prohibits owning,
leasing, operating, managing, maintaining, or conducting a
disorderly house or inviting or attempting to invite others
to visit or remain in a disorderly house;
F. Section 10.312 of this Code, which prohibits noisy
assemblies;
G. Minnesota Statutes 97B.021, 97B.045, 609.66 through
609.67 and 624.712 through 624.716, and section 10.307 of
this Code, which prohibit the unlawful possession,
transportation, sale or use of a weapon; or,
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.
K. Section 8.201 et. al. of this Ordinance 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), 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
in subsection (3) was given, the Police Chief (department) shall
notify the licensee by mail of the violation and shall also
• require the licensee to submit a written report of the actions
taken, and proposed to be taken, by the licensee to prevent
14.
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• 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 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
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 to an extent that endangers the life,
15.
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limb, health, property, safety, or welfare of the public or the
occupants thereof shall be deemed and hereby is declared to be a
substandard building.
2. Inadequate Sanitation - Inadequate sanitation shall include,
but not be limited to, the following:
A. Lack of, or improper water closet, lavatory, bathtub,
or shower in a dwelling unit.
B. Lack of, or improper kitchen sink in a dwelling unit.
C. Lock of hot and cold running water to plumbing
fixtures in a dwelling unit.
D. Lack of adequate heating facilities.
E. Lack of, or improper operation of required ventilating
equipment.
F. Lack of minimum amounts of natural light and
ventilation required by this Code.
G. Room and space dimensions less than required by the
• Code.
H. Lack of required electrical lighting.
I. Dampness of habitable rooms.
J. Infestation of insects, vermin, or rodents.
K. General dilapidation or improper maintenance.
L. 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.
16.
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
17.
areas where no codes were in effect or which has not been
maintained in good and safe condition shall be considered
substandard.
8. Faul ~r 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. Fault~r Materials of Construction - All materials of
construction except those which are specifically allowed or
approved by this Code 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 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.
L J
18.
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 Eau~pment - 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 this 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. I~nl?rox~er Occurancv - All 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 - NOTICES AND ORDERS OF BUILDING AND ZONING ADMINISTRATOR
• 1. General
A. 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.
B. 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:
i. The street address and a legal description
sufficient for identification of the premises upon
which the building is located.
ii. 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 dangerous under the
provisions of Section 1007.02(2).
•
19.
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iii. A statement of the action required to be taken as
determined by the Building and Zoning Administrator.
a. 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.
b. 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.
c. 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.
iv. Statements 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 may proceed
to cause the work to be done and charge the costs
thereof against the property or its owner.
v. Statements 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
20.
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.
C. Service of Notice and Order -
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 at the option of
the building owner; or,
iii. If the building does not constitute an immediate
danger to the life, limb, property, or safety of the
public, it may be vacated, secured, and maintained
against entry.
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.
3. Notice to Vacate
A. Posting - Every notice to vacate shall, in addition to
being served as provided in Section 1007.22(1)(C), be posted
at or upon each exit of the building, and shall be in
• substantially the following form:
DO NOT ENTER
21.
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UNSAFE TO OCCUPY
It is a misdemeanor to occupy this building,
or to remove or deface this notice.
Building and Zoning Administrator
........of.......
B. 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.
SECTION 1007.24 - ENFORCEMENT OF THE ORDER OF THE BUILDING AND
ZONING ADMINISTRATOR OR THE BOARD OF ADJUSTMENTS
1. Compliance
• A. General - 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. Any such person who fails to comply
with any such order is guilty of a misdemeanor.
B. Failure to Obey Order - If, after any order of the
Building and Zoning Administrator or the Board of
Adjustments made pursuant to this ordinance has become
final, the person to whom such order is directed shall fail,
neglect, or refuse to obey such order, the Building and
Zoning Administrator may cause such person to be prosecuted
under Subsection (A) of this section or institute any
appropriate action to abate such building as a public
nuisance.
C. Failure to Commence Work - 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
22.
• 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.
iii. The Building and Zoning Administrator may, in
addition to any other remedy herein provided, cause
the building to be repaired to the extent necessary to
correct the conditions which render the building
substandard as set forth in the notice and order; or,
• if the notice and order required demolition, to cause
the building to be sold and demolished; or, to be
demolished, and the materials, rubble and debris
therefrom removed and the lot cleaned. Any such
repair or demolition work shall be accomplished and
the cost thereof paid and recovered in the manner
hereinafter provided in this Code. Any surplus
realized from the sale of any such building, or from
the demolition thereof, over and above the cost of
demolition and of cleaning the lot shall be paid over
to the person or persons lawfully entitled thereto.
2. 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.
23.
~RF~`
• 3. ~i~erference with Repair or Demolition Work F~rohibited - No
person shall obstruct, impede, or interfere with a:ny 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 Code, or with any person to who such
building has been lawfully sold pursuant to the provisions of
this Code, 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
Code, or in performing any necessary act preliminary to or
incidental to such work or authorized or directed pursuant to
this Code.
1007.26 - PERFORMANCE OF WORK OR REPAIR OR DEMOLITION
•
ordinance:10073
24.