Loading...
HomeMy WebLinkAbout04/11/2007 AGENDA MAPLEWOOD HOUSING AND REDEVELOPMENT AUTHORITY WEDNESDAY, April 11 ,2007 7:00 P.M. CITY HALL, CITY COUNCIL CHAMBERS 1. Call to Order 2. Roll Call 3. Approval of Minutes a. April 11 , 2006 4. Approval of Agenda 5. Communications a.lntroductions David Fisher, Maplewood Building Official Tom Ekstrand, Senior Planner Michael Samuelson, Maplewood Code Enforcement Officer b.Update - Gladstone Redevelopment Plan 6. Unfinished Business None 7. New Business a. Election of Officers (Chairperson and Vice-Chairperson) b. Housing Related Code Enforcement c. Rental Housing Licensing - Review of Other Cities d. Housing Rehab - Funding Sources e. Discussion - Possible Direction for Code Enforcement and Housing Matters 8. Date of Next Meeting(s) a. May 9, 2007 9. Adjournment DRAFT MINUTES OF THE MAPLEWOOD HOUSING AND REDEVELOPMENT AUTHORITY 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA TUESDAY, APRIL 11, 2006 7:00 P.M. CITY HALL MAPLEWOOD ROOM I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. II. ROLL CALL Commissioner Tom Connelly Chairperson Lorraine Fischer Commissioner Joe O'Brien Commissioner Gary Pearson Commissioner Beth Ulrich Present Present Absent Present Absent Staff Present: Ken Roberts, Planner Lisa Kroll, Recording Secretary III. APPROVAL OF MINUTES Approval of the HRA minutes for March 28, 2006. Chairperson Fischer had changes to the HRA minutes of March 28, 2006, on pages 3, 4, and 5. On page 3, first paragraph, second line, insert the word HRA in front of Gladstone Task Force member. On page 4, last paragraph, first sentence, change the word 00 to g,. On page 5, fourth paragraph, first line, insert the word correctlv after understood, on the next line insert the word contaminated in front of the word dirt, on the fourth line, after the words less than, insert the words if thinas were built. Commissioner Connelly moved to approve the minutes as amended. Commissioner Pearson seconded. Ayes - Connelly, Fischer, Pearson The motion carried. IV. APPROVAL OF AGENDA Commissioner Pearson moved to approve the agenda. Commissioner Connelly seconded. Ayes - Connelly, Fischer, Pearson The motion carried. Housing and Redevelopment Authority -2- Minutes of 04-11-06 V. COMMUNICATIONS a. April 18, 2006, City Council Meeting Representation- Gladstone Redevelopment Plan Commissioner Connelly said he would be the HRA representative at the April 18, 2006, city council meeting. Originally the HRA decided that HRA commissioner and HRA Gladstone Task Force member Joe O'Brien would be the HRA representative but he was absent from the last two HRA meetings and missed the discussions. Therefore, Tom Connelly said he would report the HRA recommendation to the city council. VI. UNFINISHED BUSINESS a. Gladstone Neighborhood Redevelopment Plan Review and Recommendation Commissioner Connelly said he preferred the master plan (800 units) and he preferred the box culvert as opposed to the bebo because of the additional cost. The plan could include more units and amenities by cutting costs and building the box culvert. He envisions with the addition of 800 units to this area that Frost Avenue should be widened to a four lane road. He also believes three or more story buildings would allow for more green space and amenities for the area. Commissioner Pearson said he preferred a lesser density of around 600 - 700 units but he feels that the plan requires enough density to obtain the utilities and amenities needed which are key to making this area the best it can be. Therefore, he would recommend the master plan (800 units). Everything surrounding the future roundabout will need to be at least three stories tall and will require shops in the vicinity. If the city can't acquire the funeral home location the rest of the plan is not going to be successful so to him if the funeral home remains, it is a detriment to this plan. He would recommend the box culvert to reduce costs. Whatever the city council decides to do with the Gladstone Redevelopment plan if they choose to plan for a box culvert or a bebo that area will need to be well lit and not just by natural light. Chairperson Fischer said she would recommend the master plan (800 units). She also said that if the unit density is going to be a prime concern of the city council she would rather compromise and not go with the 490 unit plan but rather recommend a density number somewhere in between the 490 and 800 units like between 600 - 700 units. She would also recommend building the box culvert rather than building the bebo, which would help cut costs. She would recommend reducing the amount of landscaping, the length of the streetscaping, and possibly using stop signs temporarily until the city knows for sure a roundabout is necessary in the area (which would help cut costs as well). Some of the amenities could be trimmed back and this plan could still be attractive to a developer. Chairperson Fischer said she put together a recommendation to the city council and asked the commissioners if she could read it aloud to see if it covers what the commissioners had voiced regarding the Gladstone Redevelopment Plan. Housing and Redevelopment Authority -3- Minutes of 04-11-06 Chairperson Fischer said If the HRA can only chose from the master plan (800 unit plan) or the alternative plan (490 unit plan) then the HRA would recommend the master plan (800 units) as it is felt that the 490 unit plan is too marginal to be viable and attractive to developers. If on the other hand, there is another option, the HRA would recommend scaling back on some of the amenities such as building the box culvert to reduce cost, reduce the length of the streetscaping and so forth, thus making it possible to bring the unit density down to between 600 to 700 units, which could be still attractive to developers. Commissioner Connelly and Commissioner Pearson agreed with the wording. Commissioner Connelly moved to make the recommendation as read by Chairperson Fischer. Commissioner Pearson seconded. Ayes - Connelly, Fischer, Pearson The motion passed. This item will go to the city council on Tuesday, April 18, 2006, at 7:00 p.m. at the Maplewood Community Center in the theatre. Chairperson Fischer said regarding comments that have been made from the look of the Gladstone area, she knows there are housing maintenance codes and if a neighborhood is allowed to be rundown because the residents don't keep up their homes and yards, she asked if the city does anything to change that other than respond to complaints that are received at the city. Mr. Roberts said no up to this point the city hasn't done much regarding maintenance issues. Commissioner Connelly said that is a very sensitive subject. When you drive around and report it to the city homes that have maintenance issues either in the yard or with the home itself can be a very sensitive issue. Chairperson Fischer said she knows that the City of North St. Paul in the past drove around the city and wrote down the addresses that had issues and then sent letters out to those residents in the spring letting the residents know what the city code states. By sending those letters out the City of North St. Paul had an 85 - 90% compliance just from the letters they sent out. Many people don't know what the city ordinances are. Maybe they are from another city and recently moved here. Maybe they are elderly and need some assistance. They could just not be aware of how to dispose of things or where to dispose of items. She said she recently attended a meeting with the City of Falcon Heights, Roseville and possibly Little Canada where they discussed how they handle housing issues. The letter from the city can be informative and helpful and offer phone numbers or addresses of places that you can take items to or how to donate a car for instance, that way the letter is not as intimidating. Sometimes it is not how you do things, it is how you handle them that makes the difference. The City of Roseville recently adopted a new housing maintenance program. She asked if the City of Maplewood has ever talked about being part of a program such as this? Housing and Redevelopment Authority -4- Minutes of 04-11-06 Mr. Roberts said there are problems in Maplewood as there are in other communities. About two years ago the Fire Marshal, Butch Gervais, along with assistance from some of the full time fire fighters (while they were waiting for fire calls) were doing general sweeps by driving through neighborhoods in Maplewood and noted things they noticed and then sent letters out to those residents from the City of Maplewood. Some things were brought into compliance and changed. The Fire Marshal said they would not be doing that this spring however. This type of thing has to be made a priority and that would have to be given by the direction of the city council. At this time the City of Maplewood does not have such a program. VII. NEW BUSINESS None. VIII. DATE OF NEXT MEETING The next HRA meeting is Tuesday, May 9, 2006. IX. ADJOURNMENT Chairperson Fischer adjourned the meeting at 7:40 p.m. MEMORANDUM TO: FROM: SUBJECT: DATE: City Manager Tom Ekstrand, Senior Planner HRA Update April 3, 2007 INTRODUCTION The Maplewood HRA will be holding a meeting on April 11, 2007. This memo is to serve as an introduction of new members and to outline of the topics and information for that meeting. DISCUSSION Topics Introductions The HRA has two retuming members (Gary Pearson and Beth Ulrich) and two new members (Jeffery James and Joy Tkachuk). The city is continuing to advertise for applicants to fill the vacant, fifth position. On April 2nd, Michael Samuelson, Maplewood's new code-enforcement officer began his work with the city. Michael will have a key role with the HRA due to his involvement with housing- maintenance issues. In fact, he may serve as staff liaison to the committee as his involvement with housing matters increases in the city. In addition to Michael, David Fisher, the city Building Official, and I will assist the HRA. New Business The city manager has provided staff with several topics of interest that he wants the HRA to start focusing their efforts on. These include housing-related code enforcement, rental housing licensing and housing rehab. City staff has included with this memo several pieces of information about these topics. They include: 1. The Welcome to Code Enforcement announcement. 2. Part of the city job description for the code enforcement officer. 3.Article IV, Rental Housing Maintenance Code (from the city code). 4. Article V, Owner-Occupied Housing Maintenance Code (from the city code). 5. February 2007 Survey of Cities - Rental Housing 6. May 2006 Survey on Rental Housing The goal with providing the HRA with this information is to provide the membership with background information and to stimulate some thought and questions about the topics. Staff does not yet have answers or specific direction for possible change for the city about these topics. It is our expectation that city staff, through discussions with the HRA and the City Council, will get new ideas and direction for setting priorities for staff efforts, budgets and worX focus. RECOMMENDATION Read the enclosed materials and be prepared to discuss with staff and amongst yourselves the suggested topics. Please also be prepared with ideas for possible additional study or changes. plHRAlApril2007 meeting information Enclosures: 1. The Welcome to Code Enforcement announcement. 2. Part of the city job description for the code enforcement officer. 3. Article IV, Rental Housing Maintenance Code (from the city code). 4. Article V, Owner-Occupied Housing Maintenance Code (from the city code). 5. Februery 2007 Survey of Cities - Rental Housing 6. May 2006 Survey on Rental Housing Attachment 1 Welcome to Code Enforcement In an effort to educate and assist Maplewood residents and commercial property owners about the city code, the city has a full time code enforcement officer. This person responds to building, nuisance and zoning violations generated from both citizen calls or from proactive investigation. Examples of investigation types include trash complaints, outside storage violations, parking, land use violations, housing maintenance issues and more. Call 651.249.CODE (2633) with any questions or concerns about the city code. Attachment 2 Effective Date: Position Title: Department: Accountable to: December 2006 Code Enforcement Officer Inspections, Planning &Building Operations City Building Officiai Primary Obiectives Performs professional work inspecting, administering and enforcing City building, zoning, environmental, sign ordinances and policies, and related Minnesota State Law. Work inciudes complaint investigations, inspections, enforcement actions and public education activities to protect the welfare and safety of the citizens of Maplewood; and performs related work as assigned. MAJOR AREAS OF ACCOUNTABILITY * 1. Enforces State laws and City of Maplewood Ordinances for compliance with building maintenance requirements. The specific duties are as follows: ;.. Inspects interiors and exteriors of property as required and reports violations, particularly housing, rental dwelling and nuisance violations. ;.. Communicates with property owners, builders, and the public regarding compliance with codes and ordinances, property maintenance standards, and regulatory practices; responds to citizen complaints regarding potential code violations; coordinates code enforcement action within the City. ;.. Assists the City Building Official in the implementation and enforcement of the City's nuisance ordinances, building maintenance and housing quality standards. ;.. Assists in the development of a new or revised housing/public nuisance code or ordinance. ;.. Coordinates, plans and conducts quarterly meetings with property owners and/or property mangers to create a forum for dialogue and education. ;.. Maintains accurate and complete records of complaints, inspections, violations, and citations. ;.. Represents the City of Maplewood in court and testifies regarding code violations. *2. Conducts educational sessions to inform the public and management regarding City Code, enforcement policies, procedures and administrative operations. *3. Enforces all City environmental and housing ordinances by responding to all non- urgent complaints and urgent complaints of a health, safety and welfare nature within departmental guidelines. * 4. Assists the City Building Official in creating, implementing, and enforcing a code enforcement program. * 5. Informs the supervisor of all code enforcement and developments and submits reports of activities. 6. Performs related duties and/or responsibilities as needed or assigned. Attachment 3 B DINGS AND BUILDING REGULATIONS ~ 12-96 such building in accord ce with the plans and specifications. W' this surety, it shall be further conditioned tJj t the work will be completed withi 90 days of the issuance of the permit. , dirt, debris or leftove aterial shall be removed from moved from a site in the city. (3) All rubbish, materials, extra the property within seven day (4) Any excavation or basement left er a house i moved from or within a lot in the city shall be filled in within 48 hours, u ess a it is approved to move another house onto the excavation. Any uncovered Ii e ent or excavation shall be fenced. (5) nt to convey title. If the required work is not completed within the city's dea . e, agreement shall allow the city to take possession of the house and p perty. Th city may complete the construction or demolish and remove the st ure. (6) A grading, drainage and e sion control plan sH be submitted to the city engineer. The city shall not issue moving permit until th engineer approves these plans. All construction shall fo w these plans. The erosion c trol plan shall be consistent with Minn. Stats. ch. 1 . (7) The mover sh move the house between 12:01 a.m. d 6:00 a.m. The mover shall leave the ho e in the street until at least 7:00 a.m., but n later than 10:00 a.m. There shall be excessive noise or work on the house until r 7:00 a.m. pursuant to chapt 8, article II, division 3, which pertains to noise. (Code 1982, ~ 9-64) Sees. 12-70-12-95. Reserved. ARTICLE IV. RENTAL HOUSING MAINTENANCE CODE Sec. 12-96. Purpose and goals. The purpose of this article is to protect the public health, safety and welfare by enacting a rental housing maintenance code. This Code sets the minimum level of maintenance standards for rental housing. The general goals of this Code are to: (1) Protect the character, value and stability ofresidential properties. (2) Correct and prevent housing conditions that adversely affect or may adversely affect residents' lives, safety, general welfare or health. (3) Provide minimum standards for cooking, heating and sanitary equipment necessary for the health and safety of occupants of the buildings. (4) Provide minimum standards for light and ventilation necessary for health and safety. (5) Provide minimum standards for the maintenance of existing residential buildings, to prevent deterioration and blight. (Code 1982, ~ 9-91) CD12:11 ~ 12-97 MAPLEWOOD CODE Sec. 12-97. Applicability and scope. This article shall apply to rental housing only, including any construction, repair or alteration. Any changes shall be done according to applicable sections of the building code adopted in section 12-39 and chapter 44, zoning. The owner shall be responsible for meeting the requirements ofthis article. (Code 1982, ~ 9-92) Sec. 12-98. Definitions. Where this article does not define a tenn and the building code adopted in section 12-39 or chapter 44, zoning defines the tenn, the term shall have the meaning given to it in the building code adopted in section 12-39 or chapter 44, zoning. The following words, tenns and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Approved means approved by the enforcement officer or by other authority designated by law to give approval in the matter in question. Building code means the state building code as defined in section 12-39. Clean means the absence of dirt, grease, filth, refuse, rubbish, garbage, insects, vermin, junk, abandoned vehicles, dangerous or offensive odors or other unsightly, offensive or extraneous matter. Common areas means the halls, corridors, passageways, utility and recreational rooms and exterior landscaped areas and yards in or around a rental residential building. Deadbolt lock means a locking bolt which a person moves by knob, handle or other similar device on the interior side of a door. A person must also be able to lock the deadbolt lock from the exterior. Such a bolt shall have a minimum projection of one inch. The city requires metal strike plates for all locking devices with a minimum thickness of 0.062 inch (1.5 mm). The owner shall mount these plates with a minimum of two no. 8 size screws. Dwelling unit means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Enforcement officer means the city manager or his authorized representative. Extermination means the elimination of insects, rodents or other pests. This may be done by eliminating their harborage places or by removing or making inaccessible materials that may serve as their feed. This may also be done by poison spraying, fumigating, trapping or by another recognized and legal pest elimination method. Functioning means the ability of any structure, any part of a structure, or any fixture or facility or equipment in a structure to perfonn the service or function for which the manufacturer or builder designed, intended and constructed it. CD12:12 BUILDINGS AND BUILDING REGULATIONS ~ 12-98 Garbage means animal or vegetable waste resulting from the handling, preparation, cooking or consumption of food. Grade means the vertical location of the ground surface. Infestation means the presence, within or contiguous to a dwelling or premises, of noxious insects, rodents, vermin or other pests. Maintenance and maintain mean the upkeep of property and equipment in a professional- like condition. Occupancy means the purpose for which people use or the owner intended people to use a building or structure or part of a building or structure. Occupant means any person living or sleeping in a dwelling unit or rooming unit. Occupied means being leased or rented for living purposes by an occupant. Openable area means that part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors. Operator means any person who has charge, care or control of a rental residential building or yard. Permissible occupancy means the number of persons the city permits to live in or occupy a dwelling unit or rooming unit. Plumbing and plumbing fixtures mean water heating facilities, water pipes, gas pipes, garbage disposal units, toilets, waste pipes, sinks, installed dishwashers, lavatories. The terms "plumbing" and "plumbing fixtures" also mean bathtubs, showerbaths, installed clothes- washing machines or other similar equipment, catchbasins, drains, vents, stacks or other similarly supplied fixtures, together with all connections to water, gas, sewer or vent lines. Premises means a lot or parcel ofland which includes a rental residential building. Professional-like means in a safe, working condition that meets the standards of the associated trade or industry or is in the originally intended condition. Reasonable care means the treatment of all facilities, fixtures, equipment and structural elements such that depreciation of these objects and other materials is due to their age and normal wear through use, rather than due to abuse, misuse or neglect. Refuse means waste materials, except garbage, such rubbish as paper, rags, cardboard, boxes, cans, metal, yard clippings or trimmings and tree branches. The city shall also consider waste wood, rubber, leather, glass, brick, plaster, sheetrock, bedding, crockery and similar materials as refuse. Rental residential building means any building or portion of a building which is rented or leased for residential purposes. Repair means the reconstruction or renewal of any part of a building or its utilities, facilities or equipment. CDl2:13 ~ 12-98 MAPLEWOOD CODE Rodent harborage means a place where rodents are likely to live, nest, seek shelter or make their habitat. Rooming unit means any room or group of rooms forming a single habitable unit that-the owner or occupant uses or intends to rent or lease for living and sleeping. A rooming unit does not include standard kitchen facilities. Roominghouse means any rental building, containing one or more rooming units. Safe means the condition of being free from danger and hazards which may cause accidents or disease. Sanitary means bactericidal treatment effective in destroying microorganisms, including pathogens. Supplied means installed, furnished or provided by the owner or operator. Ventilation means the process of supplying and removing air by natural or mechanical means to or from any space. Yard means all ground, lawn, court, walk, driveway or other open space which is on the same premises as a rental building. (Code 1982, ~ 9-93) Cross reference-Definitions generally, ~ 1-2. Sec. 12-99. Yards. (a) Cleanliness. All rental housing yards shall be clean and sanitary. (b) Grading and drainage. There shall be no accumulation of stagnant water, except in approved ponding areas. There shall also be no surface water entering any building or structure. (c) Removal of snow and ice. There shall be no snow and ice on parking lots, driveways, steps and walkways which may create a hazard. (d) Removal of noxious weeds. The yard shall be free from noxious weeds and tall grass as required in section 18-31(8). (e) Insects and rodents. The owner shall exterminate all noxious insects, rodents, vermin or other pests that are causing a nuisance. (t) Accessory structures. All accessory structures, including detached garages, fences, signs and retaining walls, shall be structurally sound and in good repair. The owner shall protect all accessory structures, fences, signs and retaining walls against the elements and decay by non-lead-based paint or other appropriate protective coverings. (g) Parking lots and driveways. All parking lots and driveways shall be paved and kept in good condition with no pot holes. Driveways for single and double dwellings are exempt from the pavement requirement but shall be kept in good condition. CD12:14 BUILDINGS AND BUILDING REGULATIONS ~ 12-100 (h) Yards and landscaped areas. The owner shall maintain all yards and landscaping and replace all damaged or dead plants required by the city. (i) Exterior storage. The owner shall not allow the accumulation or storage of building materials, firewood, boxes, machinery, scrap metal, refuse, or garbage anywhere on the premises. (Code 1982, ~ 9-94) Sec. 12-100. Exteriors of structures. (a) Foundations, walls and roofs. Every foundation, exterior wall, roof and all other exterior surfaces of rental housing shall be in a professional-like condition as follows: (1) The foundation shall support the building at all points. (2) Every foundation, exterior wall and roof shall be free of holes, breaks, loose or rotting boards or timbers, or falling or loose stucco or brick. The owner shall protect every exterior surface from vermin and rodents. Every exterior surface shall also be free from graffiti and large amounts of peeling paint. Every exterior surface shall also be free from conditions which might admit moisture to the interior of the walls or to the interior of the dwelling. (3) All exterior wood surfaces and lead-based paints, other than decay-resistant woods, shall be covered or replaced with non-lead-based paint or other protective coverings or treatments, as required by state law. (4) The roof shall be tight and have no defects which admit rain or moisture. Roof drainage shall be adequate to prevent rainwater from causing dampness in the walls. (5) All building exterior surfaces shall meet section 12-7. (b) Stairs, porches, decks, balconies and railings. Stairs, porches, decks, balconies and railings of rental housing shall be maintained as follows: (1) Every outside stair, porch, deck, balcony or railing shall be in a professional-like condition. (2) Every flight of stairs which is more than three risers high and every porch shall have guardrails as required by the building code adopted in section 12-39. (c) Windows, doors and hatchways. Every window, exterior door and hatchway shall be tight and kept in a professional-like condition as follows: (1) Every exterior window, door and hatchway shall be in a professional-like condition and fit tightly within its frame. (2) Every window shall have panes which are without open cracks or holes. (3) Every openable window, shall: a. Open easily. b. Have hardware that will hold the window in an open or closed position. CD12:15 ~ 12-100 MAPLEWOOD CODE c. Have a functioning lock. d. For single and double dwellings, have a tightfitting screen that is not greater than 16 mesh per inch. (4) Every exterior door shall: a. Open easily from the inside without a key. b. Have a functioning deadbolt lock. c. For single and double dwellings, have a tightfitting screen door with a screen that is not greater than 16 mesh per inch. (Code 1982, ~ 9-95) Sec. 12-101. Interior of structures. (a) Basements. All basements and crawl spaces for rental housing shall be dry. (b) Structural members. The supporting structural members shall be structurally sound and have no evidence of deterioration. (c) Interior stairs and railings. Interior stairs and railings shall be maintained as follows: (1) All stairs shall be in a professional-like condition. The owner shall replace treads and risers that show evidence of excessive wear or are broken, warped or loose. (2) Every stairwell and every flight of stairs more than three risers high shall have handrails or railings as required by the building code adopted in section 12-39. (3) Every handrail or railing shall be firmly fastened and in a professional-like condition. The owner shall properly place secured railings on the open portions of stairs, balconies, landings and stairwells. These railings must be able to bear normally imposed loads as determined by the building code adopted in section 12-39. (d) Bathroom floors. Every toilet room and bathroom floor surface shall be impervious to water. These floor surfaces shall be constructed to permit a person to easily clean them and keep them in a sanitary condition. (e) Sanitation. The interior shall be in a clean and sanitary condition. The owner shall provide appropriate storage facilities for refuse, garbage and rubbish. (f) Insect and rodent harborage. The owner shall exterminate all noxious insects, rodents, vermin or other pests. (g) Interior walls, floors, ceilings and woodwork. All interior walls, floors, ceilings and associated woodwork or trim shall be in a professional-like condition. These surfaces shall be clean and free of graffiti. Floors shall be free of loose, warped, protruding, ripped or rotten materials and coverings. All walls and ceilings shall be free of holes, large cracks and loose plaster and in a tight weatherproof condition. (Code 1982, ~ 9-96) CD12:16 BUILDINGS AND BUILDING REGULATIONS ~ 12-102 Sec. 12-102. Basic facilities. The following facilities shall be in every occupied rental dwelling unit and roominghouse, except as stated in section 12-107: (1) Kitchen facilities. A kitchen which includes the following: a. A functioning kitchen sink. b. Cabinets or shelves for the storage of eating, drinking and cooking equipment; utensils; and food that does not require refrigeration. There shall also be a counter or table for food preparation. The cabinets or shelves and counter or table shall be large enough to accommodate the number of people living in the dwelling unit. They shall also be of a professional-like construction, finished with surfaces that are easily cleanable and that will not impart any toxic or harmful effect to food. c. A functioning stove and refrigerator large enough to meet the needs of the resident. The owner shall provide enough space and adequate connections for the installation and operation of the stove and refrigerator. The resident or owner shall provide the stove and refrigerator. (2) Toilet. There shall be a nonhabitable room with an entrance door which gives privacy to a person within such room. This room shall have a functioning toilet in a professional-like condition with easily cleanable surfaces. (3) Lavatory sink. There shall be a lavatory sink in good working condition. It may be in the same room as the toilet. If the lavatory sink is in another room, it shall be near the door leading directly into a room with a toilet. Water inlets for lavatory sinks shall be above the overflow rim of the sink. (4) Bathtub or shower. There shall be a room which affords privacy to a person within such room which has a bathtub or shower. It shall be in good working condition and may be in the same room as the toilet or in another room. Water inlets for bathtubs shall be above the overflow rim of the bathtub. (5) Connection to water and sewer systems. Every kitchen sink, lavatory sink, bathtub, shower and toilet shall connect to public water and sanitary sewer systems. These facilities may connect to an approved private water and sewer system if no public utility system is available. These plumbing facilities shall have an adequate amount of hot and cold running water. The heated water shall be at a minimum temperature of 120 degrees and a maximum of 165 degrees. (6) Heating system. Every rental residential building shall have an approved and functioning heating system. This system shall safely heat all habitable rooms, bathrooms and toilet rooms in the building. This system must provide a temperature consistent with state and federal guidelines at three feet above the floor when occupied. The city shall not consider gas or electric appliances designed primarily for cooking or water heating purposes as heating facilities. The city prohibits the use of CD12:17 ~ 12-102 MAPLEWOOD CODE portable heating equipment which uses flame and liquid fuel as heating equipment for this subsection. No owner or occupant shall install or use a space heater using a flame which is not vented to the outside of the structure. This venting shall only be done with city approval. (7) Refuse and garbage storage and removal. The owner shall supply approved containers with tightfitting covers for the storage ofrefuse and garbage. The owner shall have the refuse and garbage removed from the premises at least once a week. (Code 1982, ~ 9-97) Sec. 12-103. Maintenance. (a) Plumbing and heating equipment. The owner of rental housing shall maintain the plumbing and heating equipment. This equipment shall be free from obstructions, leaks and defects. Heating equipment shall include cooking, water heating and space heating equipment. (b) Electrical service, outlets, fi.xtures. All dwelling units and rooming units shall have adequate and safe electrical service. Every electrical outlet and fixture shall connect to the source of electrical power. All dwelling units and rooming units shall have an adequate number of electrical outlets and electrical lighting fixtures for normal usage. (c) All facilities and equipment. All housing facilities shall be clean and in a sanitary condition. (Code 1982, ~ 9-98) Sec. 12-104. Light and ventilation. (a) Natural light in dwellings. Every rental dwelling unit and rooming unit shall have at least one window of approved size facing directly to the outdoors Dr to a court. If the dwelling unit or rooming unit is connected to a room Dr area used seasonably (e.g., porch), adequate daylight must be possible through this connection. (b) Light in nonhabitable work space. Every furnace room and all similar nonhabitable work space shall have at least one functioning electric light. (c) Light in halls and stairways. Every hall and inside stairway shall have at least five lumens per square foot of light in the darkest part. (d) Sleeping space in basements. No person shall sleep in a basement unless there is natural light from windows. These windows shall meet all building code requirements. At least one-half of the required window area shall be openable to provide natural ventilation. (e) Adequate ventilation. Every dwelling shall have at least one window which can be easily opened Dr such other device as will adequately ventilate the dwelling. (f) Ventilation and light in bathroom. Every bathroom and room with a toilet shall have at least one openable window or an approved ventilation system. (Code 1982, ~ 9-99) CD12:18 BUILDINGS AND BUILDING REGULATIONS ~ 12-108 Sec. 12-105. Fire safety standards. (a) Exclusion of rental building from storing flammable liquid. No rental dwelling unit or rooming unit shall be located within a building containing any business handling, dispensing or storing flammable liquids with a flash point of 100 degrees Fahrenheit. This is defined by the building code adopted in section 12-39 and the fire code adopted in chapter 20, article III. (b) Smoke alarms. There shall be approved, functional listed smoke alarms in all rental residential buildings and roominghouses as required by state law. (Code 1982, ~ 9-100; Ord. No. 837, ~ 12-105, 5-27-2003) Cross reference-Fire prevention and protection, ch. 20. Sec. 12-106_ Maintenance responsibilities. (a) Maintenance of private areas. Occupants of rental housing shall keep in a clean and sanitary condition that part of the dwelling and premises which they occupy, control or use. (b) Maintenance of shared or public areas. Every owner of rental housing, containing two or more dwelling units, shall maintain in a clean and sanitary condition all shared or public areas on the premises. (c) Disposal of garbage and refuse. Occupants and owners shall dispose of their garbage and refuse in a clean and sanitary manner consistent with chapter 30. Occupants shall put their garbage and refuse in the containers provided by the owner. (d) Use and operation of plumbing fixtures. Every occupant shall keep the plumbing fixtures clean and sanitary and shall use reasonable care in their proper use and operation. (Code 1982, ~ 9-101) Sec. 12-107. Roominghouses. (a) Toilet, lavatory and bath facilities. There shall be at least one functioning toilet, lavatory sink and bathtub or shower for each four rooming units within a roominghouse. This is wherever persons share such facilities. The owner shall locate all such facilities within the residence building served, and they shall be directly accessible from a common hall or passageway to all persons sharing such facilities. The owner shall supply every lavatory sink, bathtub or shower with hot and cold water. (b) No kitchen required. A kitchen is not required in a roominghouse. If a common kitchen is provided, it shall be clean and sanitary. (Code 1982, ~ 9-102) Sec. 12-108. Vacant dwellings. The owner of any unoccupied rental building, dwelling unit or rooming unit shall board up or close and lock any open doors or windows. (Code 1982, ~ 9-103) CDI2: 19 ~ 12-109 MAPLEWOOD CODE Sec. 12-109. Access by owner or operator. Every occupant of rental housing shall give the owner or operator or his agent or employee access to any part of such dwelling unit, rooming unit or its premises. This access is to be at reasonable times, for effecting inspection and maintenance, making such repairs, or making changes to follow this article. (Code 1982, ~ 9-104) Sec. 12-110. Compliance orders. (a) Whenever the enforcement officer determines that any dwelling, dwelling unit or rooming unit or the premises surrounding any of these fails to meet the requirements of this article, he may issue a compliance order. This order shall state the violations of the article and order the owner, occupant or operator to correct such violations. This compliance order shall: (1) Be in writing. (2) Describe the location and nature of the violation of this article. (3) Set the required corrective action and a time for the completion of the correction of such violation. This compliance order shall also let the owner or operator know of the appeal recourse. (4) Be served upon the owner, his agent or the occupant, as follows: a. Served upon him personally; b. Sent by mail to his last known address; or c. Posted at a conspicuous place in or about the dwelling which the notice affects. (b) Before taking any court action, the enforcement officer shall send a registered or certified copy of the notice to the owner. (Code 1982, ~ 9-105) Sec. 12-111. Variances. A person shall make appeals of interpretation or variance under this article to the director of community development. If not satisfied, a person may make further appeal to the city council according to established city procedures. The city council will hear requests for variance and interpretation of this article. The city council may grant variances when the strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration. The city council must also find that such action will be in keeping with the spirit and intent of this article. (Code 1982, ~ 9-106) Sec. 12-112. Violations. Any person failing to follow the provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished in accordance with section 1-15. (Code 1982, ~ 9-107) CD12:20 Attachment 4 BUILDINGS AND BUILDING REGUIATIONS ~ 12-145 Secs. 12-113-12-141. Reserved. ARTICLE V. OWNER-OCCUPIED HOUSING MAINTENANCE CODE Sec. 12.142. Short title. This article shall be cited as the "owner-occupied housing maintenance code." (Code 1982, ~ 9-130) Sec. 12-143. Purpose. The purpose of this article is to establish minimum standards for the maintenance of exterior areas of owner-occupied housing, as well as interior areas of attached owner-occupied dwellings. The general objectives shall be to: (1) Protect the character and stability of residential properties within the city. (2) Correct and prevent housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health, including the physical, mental and social well-being of persons occupying dwellings within the city. (3) Provide minimum standards for the maintenance of existing residential buildings and prevent deterioration and blight. (Code 1982, ~ 9-131) Sec. 12-144. Applicability and scope. This article shall apply to exterior areas of owner-occupied dwellings and interior areas of attached owner-occupied dwellings. The construction, repair or alteration of residential property shall comply with this article and the building code adopted in section 12-39 and chapter 44, zoning. (Code 1982, ~ 9-132) Sec. 12-145. Rules of construction. For the purposes of this article, the following rules of construction shall apply: (1) Where terms are not defined in this section and are defined in the building code adopted in section 12-39 or chapter 44, zoning, they shall have the meanings ascribed to them in the building code adopted in section 12-39 or chapter 44, zoning. (2) Where terms are not defined in this article or in the building code adopted in section 12-39 or chapter 44, their common dictionary definitions shall apply. (Code 1982, ~ 9-133) CD12:21 ~ 12-146 MAPLEWOOD CODE Sec. 12-146. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Approved, as applied to a material, device or method of construction, means approved by the enforcement officer under this article or approved by other authority designated by law to give approval in the matter in question. Attached dwelling means two or more dwelling units physically attached in construction such as condominiums, townhouses, double dwellings and quads. Building code means the building code of the city, adopted in section 12-39, including the fire adopted in chapter 20, article III. Dwelling unit means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Enforcement officer means the city manager or his authorized representative. Exterior property areas means open space on the premises under the control of the owner of such premises. Extermination means the control and elimination of rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their feed; by poison spraying, fumigating, trapping; or by another recognized and legal pest elimination method. Owner means the owner of the freehold of the premises or lessor estate therein. Premises means a lot, plot or parcel of land including the bnilding or structures thereon. Workmanlike means the standards of the trade or industry involved. (Code 1982, ~ 9-134) Cross reference-Definitions generally, ~ 1-2. Sec. 12-147. Exterior property areas. (a) Sanitation. All exterior property areas of owner-occupied dwellings shall be maintained in a clean and sanitary condition, free from any accumulation of refuse or garbage. (b) Removal of noxious weeds and pests. All exterior property areas shall be kept free from species of weeds or plant growth, rodents, vermin or other pests which are noxious or detrimental to the public health. (Code 1982, ~ 9-135) CD12:22 BUILDINGS AND BillLDING REGULATIONS ~ 12-151 Sec. 12-148. Exterior of structures. (a) The exterior of all structures and accessory structures of owner-occupied dwellings, including detached garages, shall be maintained in a workmanlike state of maintenance and repair. (b) Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers, falling or loose stucco or brick, or substantial amounts of peeling paint. (c) All doors and windows shall be maintained in good repair, shall fit reasonably well within their frames, and shall be free of open breaks or holes. (Code 1982, ~ 9-136) Sec. 12-149. Interior areas of attached owner-occupied dwellings. (a) The interior of every attached owner-occupied dwelling shall be maintalned in clean and sanitary condition, free of accumulations of garbage and refuse. (b) The interior of every attached owner-occupied dwelling shall be maintained free from infestation of noxious insects, rodents and other pests. (c) All plumbing systems shall be properly installed, connected and malntained in good working order and must be kept free from obstructions, leaks and defects. (d) The storage of hazardous flammable liquids shall be prohibited. (Code 1982, ~ 9-137) Sec. 12-150. Vacated dwellings. The owner of any owner-occupied dwelling which has been declared unfit for human habitation or which is otherwise vacant for a period of60 days or more shall make the dwelling safe and secure so that it is not hazardous to the health, safety and welfare of the public and does not constitute a public nuisance. Any such dwelling open at doors and windows, if unguarded, shall be deemed to be a hazard to the health, safety and welfare of the public and a public nuisance within the meaning of this article. Upon failure of the owner to comply, the city may have such dwelling made safe and secure and assess the cost to the owner. (Code 1982, ~ 9-138) Sec. 12.151. Hazardous building declaration. If an owner-occupied dwelling has been declared unfit for human habitation and the owner has not remedied the defects within a prescribed reasonable time, the dwelling may be declared a hazardous building and treated consistent with state law. (Code 1982, ~ 9-139) Cross reference-Environment, ch. 18. CD12:23 ~ 12-152 MAPLEWOOD CODE Sec. 12-152. Enforcement officer. It shall be the duty of the enforcement officer to enforce this article. (Code 1982, ~ 9-140) Sec. 12.153. Inspections. The enforcement officer shall be authorized to make or cause to be made inspections to determine the condition of owner-occupied dwellings and premises in order to safeguard the health, safety and welfare of the public. The enforcing officer shall, with the permission of the owner, be authorized to inspect the exterior areas of any premises and the interior areas of attached dwellings at any reasonable time for the purpose of performing his duties under this article. If the owner, operator or person in possession of the dwelling shall refuse to consent to the inspection and there is probable cause to believe that a violation exists on that particular premises, a search warrant may be obtained. (Code 1982, ~ 9-141) Sec. 12-154. Compliance order. Whenever the enforcement officer determines that any owner-occupied dwelling or the premises fails to meet the requirements of this article, he may issue a compliance order setting forth the violation of this article and ordering the owner, occupant, operator or agent to correct such violation. This compliance order shall: (1) Be in writing. (2) Describe the location and nature of the violation of this article. (3) Establish a time for the correction of such violation and give notice of the appeal recourse. (4) Be served upon the owner. Such notice shall be deemed to be properly served upon such owner if a copy thereof is: a. Served upon him personally; b. Sent by registered or certified mail; or c. Upon failure to effect notice through subsections (4)a and (4)b of this section, be posted at a conspicuous place in or about the dwelling which is affected by the notice. (Code 1982, ~ 9-142) Sec. 12-155. Variance. Appeals of interpretation or variance of this article shall be made to the city manager. If not satisfied, further appeal may be made to the board of adjustments and appeals according to established city procedures. The board will hear requests for variance and interpretation of this article. The board may grant variances when the strict enforcement would cause undue CD12:24 BUILDINGS AND BUILDING REGULATIONS ~ 12-207 hardship because of circumstances unique to the individual property under consideration, when it is demonstrated that such action will be in keeping with the spirit and intent of this article. (Code 1982, ~ 9-143) Sec. 12.156. Violations. Any person failing to comply with this article shall be guilty of a misdemeanor and, upon conviction, shall be punished in accordance with section 1-15. (Code 1982, ~ 9-144) Sees. 12-157-12-181. Reserved. (1) Cement work, cement blockwork, cement b (2) General construction, including erection, (3) The moving or wrecking of buildings. (4) Plastering, outside stucco work or la (5) Plumbing, including installation of 0 (6) Heating. (7) Gas installation, including heatin (8) Well drilling. (9) Roofing. (10) Sign and billboard erecting. (11) Excavators for basements, oundations, grading oflots, etc. (12) Cesspool and private se er disposal installers. (13) ~ ART LE VI. CONTRACTORS AND SUBCONTRACTORS I DIVISION 1. GENERALLY Sees. Sec. 12-207. General types of wor Before any person shall engage in the b iness of doin or performing in the city any of the following various types of work he shall first btain a r ense or register to do so as provided in this article: plants. CD12:25 Attachment 5 MEMO To: Greg Copeland, City Manager From: David Fisher, Building Official Date: February 28, 2007 Re: Survey of Cities - Rental Housing Code used and rental information February 2007 Survey City of Woodbury adopted a rental license program in 1993. They are using the International Property Maintenance Code (IPMC). City of Oak dale adopted a rental license program in 2002. They are using the IPMC. City of Little Canada has not adopted any such program. City of White Bear Lake has a rental license program. City of North St. Paul has a Certificate of Occupancy program for rental properties. City ofRoseville has adopted the 2003 IMPC with some city amendments. They are looking at a program to register all rental one and two family dwellings. Attachment 6 Survey on Rental Licensing I Inspection Programs May 2006 Out of 29 cities that were asked to answer our survey on their Rental Licensing and Inspection Programs, we received responses from 16 cities. Cities that were sent the survey have a member of the Minnesota Association of Housing Code Officials (MAHCO). Below are the findings. Some of the below listed response will add up to be 16 responses because there are some answers that are different for St. Paul's Rental Registration Program and their Certificate of Occupancy Program. 1. Does your city license and/or inspect rental property on a regular basis? 14 of 15 answered yes = 93.3% 1 city requires a license, but does not require an inspection on a regular basis. 2. What is your current license fee structure for rental property? These are listed in order from the highest fees to the lowest fees on average. Citv I-unit 2-units 3-units 12 units 25 units Bloominlrton $76 $94.50 $103.75 $187.00 $307.25 St. Louis Park $75.00 $125.00 $146.00 $209.00 $300.00 Brooklvn Park $75.00 $150.00 $165.00 $165.00 $400.00 Richfield $75.00 $102.00 Not listed $102.00 $306.00 Oakdale $50.00 $100.00 $150.00 $110.00 $175.00 Robbinsdale $50.00 $87.50 $100.00 $175.. $272.50.. Plvmouth $50.00 $75.00 $100.00 172.00 $250.00 Minneapolis $39.00 $59.00 $99.00 $279.00 $539.00 Mounds View N/A $50.00 $50.00 $96.00 $200.00 Blaine $54.00 $58.00 $62.00 $98.00 $150.00 New Hope $44.00 $48.00 $52.00 $88.00 $140.00 North St. $40 initial $60 initial $72.00 $78.00 $162.50 Paul. $30 renewal $50 renewal St. Paul. $30 initial $50 initial $72.00 $78.00 $162.50 (certificate of $20 $40 renewal occupancy- for renewal 3+units) Maole Grove $40.00 $40.00 $45.00 $90.00 $155.00 Hopkins $20.00 $20.00 $35.00 $80.00 $145.00 Woodbury $3, 6, 9, or $6, 12, 18, or $9,18, $36, 72, $75, 150, Prices vary 12 24 27, or 36 108, or 225, or 300 depending on 144 participation in STAR program (with Police ent) .Gives a 25% discount on renewal if no violations found at the property. ..Includes $100 fee for fire inspection. 3. How long is the license valid? One year was answered by all cities, except Brooklyn Park, North St. Paul, St. Paul Certificate of Occupancy Program (not Rental Registration Program) and Robbinsdale, which were valid for 2 years. In an effort to compare all of the fees, the two-year licenses were divided by 2 to reflect the cost of an annual license. 4. When the license is renewed, is the fee the same as in #2 above? 13 Yes 2No 1, Yes, unless participation levels in STAR program changes 1 , Yes, but with increase each year Depends on Fee schedule (initial or renewed) 5. When was your last fee increase? 2006 -5; a 3% (Bloomington); on 3 or more units only (North St. Paul) 2005 - 4 2004 2003 - 2 2002 (at time of inception) 1998 Did not know Changes with participation in STARS program None 6. Are you planning a fee increase for 2006 or 2007? 7 Yes; 2 of which increase fees 3% each year 6 No; 2 no 2006; 1 is planning on doing a study 3 Do not know 7. What code(s) does your city apply to rental property? (Check all that apply) 8 International Fire Code 7 International Building Code 6 International Property Maintenance Code (which _ mentioned that they modify it for their city) 8 City's own property maintenance ordinance 5 Other (please list): International Mechanical Code CIMCl. spc. Menle Grove Rental Ordinance' Anplicable Sections ofFice Prevention Code: State Fire Code and the State Buildinl!: Code: Zoninl!: Ordinances: BOCA Prooertv Maintenance Code 8. Do you inspect according to a schedule, or do you inspect only if a complaint is received? 15 2 Schedule -Also, everyone stated they respond to complaints nJa 9. If you inspect on a schedule, how often do you inspect each rental building? 7 Annually 2 Every three years 1 Every five years 2 nJa 5 Every two years 2 10. lfyou inspect on a schedule, how often do you inspect each individual unit? I Annually (selected randomly) I Every two years I EveI)' two years for all units except apartments 2 EveI)' three years I 10% of units annually I 1/3 of apartment units annually Common areas and mechanical rooms of apartments annually 50% of single family/townhome units annually I 50% of all units in building with 1-10 units 20% of all units in buildings with II + units I Every 2 years single family dwellings, duplexes and upon renewal of 3+units I All single units annually 15% of apartment units 2 % of units varies I EveI)' three years 10-20% of apartment units as we can get to single family, duplexes, condos 3 N/ A & I did not answer this question 11. Assume you have conducted an initial inspection (either complaint or scheduled) and noted code violations. The property owner has not repaired the violations yet. Explain your enforcement procedure. Procedures vary among respondents. Mainly cities give them an adequate amount oftime to correct the violation, with some giving more than one notice and then they take them to city or county court to get compliance. 2 Issue a misdemeanor citation or revoke Certificate of Occupancy or Rental Registration 4 Issue I" notice, issue 2nd notice, issue final notice, issue ticket, municipal court action, County Court 3 Issue I" notice (giving 30 - 60 days to make corrections), issue administrative citation, issue summons to City Court or Hennepin County Court to gain compliance. 4 Issue I" notice, 2"" notice, issue citation, go to court. I Administrative Citation I Tenant Remedy Action, Summons, Rental License Revocation, Re-inspection fees, Ticketsffags 2 No response. 12. Do you charge fees for re-inspections? If you charge fees, what is the rate for these fees? 9 Yes: $47 $47/ hour & $47 minimum charge (for inspections after I.t re-insp.) $100 (missed inspections and appointments and for each re-inspection violations are not corrected) $31.25 or 25% of the license fee, whichever is greater (for inspections after the I" re-inspection) $50 if the property owner/manager fails to show for the inspection $25 (for inspections after I" re-inspection) 3 $35 (for inspections after I" re-inspection) 50% of inspection fee (Certificate of Occupancy fee) 8 No (2 of these answered they have the option to charge them in their city ordinances;$35 & $15 single fumily, $15 for I unit, $30 for all units of2 &3 unit dwellings, $30 base fee plus $1 per unit in apartment bldgs.) 13. Is your program self-sufficient? (In other words, does the income generate by the program cover the cost associated with the program?) 4 Yes II No (some answered that it covered a certain percentage of the program's costs; 53%, 66%, less than 50"10) 2 Did not know Original survey was written by Columbia Heights in October 2001 4