HomeMy WebLinkAbout07/11/2007
AGENDA
MAPLEWOOD HOUSING AND REDEVELOPMENT AUTHORITY
WEDNESDAY, July 11, 2007
7:00 P.M.
CITY HALL, CITY COUNCIL CHAMBERS
1. Call to Order
2. Roll Call
3. Approval of Minutes
a. June 20, 2007
4. Approval of Agenda
5. Communications
Code Enforcement (Michael Samuelson)
6. Unfinished Business
Follow-up Information from Previous Meeting
. Other Cities Property Maintenance Code or Rental Housing Maintenance Ordinances
. Data on Multi-Housing in Maplewood including the Police calls and Medical calls
. Ramsey County Grant Guidelines on the City's web
. Information from Minnesota Multi Housing Association (MHA) - Charge for Police Calls
. HRA Vacancy
7. New Business
Rental Housing Licensing - Woodbury's Star Program
Comprehensive Plan-Goals and Mission for the HRA
Proposed Bylaws Amendment
Maplewood Truth-in-Sale of Housing Ordinance
8. Date of Next Meeting
a. August 8, 2007
9. Adjournment
DRAFT
MINUTES OF THE MAPLEWOOD HOUSING AND REDEVELOPMENT AUTHORITY
1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA
WEDNESDAY, JUNE 20, 2007
5:45 P.M. CITY HALL
CITY COUNCIL CHAMBERS
I. CALL TO ORDER
Chairperson Pearson called the meeting to order at 5:45 p.m.
II. ROLL CALL
Commissioner Jeffrey James
Chairperson Gary Pearson
Commissioner Joy Tkachuck
Vice-Chairperson/Secretary Beth Ulrich
Present
Present
Present
Present
Staff Present:
Dave Fisher, Building Official
Tom Ekstrand, Senior Planner
III. APPROVAL OF MINUTES
Approval of the HRA minutes for April 11 ,2007.
Commissioner Ulrich moved to approve the minutes.
Commissioner Tkachuck seconded.
Ayes - Pearson
Tkachuck
Ulrich
Abstention - James
The motion carried.
IV. APPROVAL OF AGENDA
Commissioner Ulrich moved to approve the agenda.
Commissioner Tkachuck seconded.
Ayes - Pearson
Tkachuck
Ulrich
James
The motion carried.
V. COMMUNICATIONS
None.
Housing and Redevelopment Authority -2-
Minutes of 06-13-07
VI. UNFINISHED BUSINESS
At the April 11 , 2007, HRA meeting, the committee discussed various matters and requested
staff for some information to be reviewed at the next meeting. The seven questions in the staff
report are answered by staff in the report.
VII. NEW BUSINESS
a. Review of Previous Meeting Tasks Including:
.Bylaws
. Chairperson Pearson reported that there is not a need to change the bylaw for Ms.
Ulrich to be both the Vice-Chairperson and the Secretary. Mr. Ekstrand said he will go
through the bylaws and bring them up to date and bring them back to the next meeting.
..Comprehensive Plan - Areas of Potential Housing Deterioration Map
. Chairperson Pearson said the study covered the residential area and not the rentals. Mr.
Fisher said Ken Roberts put together the Comprehensive Plan with input from the HRA.
If a sweep is done it should start with the circled areas on the map.
. Mr. Fisher reported that Code Enforcement is receiving many calls and the number is
651-249-CODE(2633), which is displayed on the side of the Code Enforcement truck.
The majority of the complaints received at this time refer to tall grass and yard debris. A
typical process for the Code Enforcement is as follows:
. After a complaint is received it may take up to 5 working days to send out a
notice (Clerical help has been hired to help speed up that process). 10-14
days is allowed (depending on the magnitude of the violation) to comply with
the notice. Then, the Code Enforcement Officer will follow up with property to
verify that it is done. The resident will receive a second notice if it is not
complete. Following a second notice, a citation will be given with a fine if the
violation is not fixed, and the property owner is required to appear in court
and a judge will define the penalty.
. There is no tracking system in place as of now for tracking buildings/houses of particular
concern. The Code Enforcement files may possibly be transferred into the Eden system
(which is what building permits are issued through currently) to allow us to verify
building/driveway permits and any code violations at the same time. The research on
this transition is still in progress.
. An online complaint form for the Code Enforcement has just been put onto the Code
Enforcement webpage.
.Survey of Other Cities - Rental-Housing Licensing Programs
. Chairperson Pearson said some of the primary interests are in getting registration of
people who are responsible individuals for given buildings that can be contacted any
time. Also, buildings with repeated police calls are where a lot of the enforcement is
looking to be applied. Mr. Fisher said other cities use licensing programs to enable
the city to take away the license if there are issues with the property or to contact the
owner if there is a problem with the property or in an emergency. This can also be
used to create a log sheet of what is happening at that property, which can become
a form of a tracking system. Chairperson Pearson said that this is maybe a program
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Minutes of 06-13-07
that should be added to the City of Maplewood. Commissioner Tkachuck voiced a
concern that the City of Maplewood does not have a good tracking system. Mr.
Fisher said that if the City of Maplewood chooses to adopt this program, then the city
ordinances should be looked over to make the ordinances more black & white
instead of gray in some areas and make it a property maintenance order. The
International Property Maintenance Code, which is a national document, can
possibly be used as a reference. The current city ordinance that addresses rental
properties is vague and there is no inspector that goes out to inspect the properties,
it is only done on a complaint basis. The inspector that is sent out after a complaint
is made depends on what the complaint is (example: If there is a mice problem the
Health Inspector would be sent out). Chairperson Pearson requests that ordinances
that relate to this be brought in from other communities already surveyed to compare
to our ordinances.
. Commissioner Tkachuck asked what software programs are available and which ones
are used by the City of Maplewood. Mr. Fisher reported that right now, the City of
Maplewood is working mostly with Edens and it would be in good interest to stay with
that software program because it is used widely throughout finance, human resources
as well as community development. Other software programs that are used by other
communities are LOGOS & Permit Works. Chairperson Pearson would like information
on Woodbury's Star Program (Safer Tenant and Rental), which is program run through
or by the police department. The program charges a fee of $12 per unit if the landlord
does not participate in the program and can get it down to $3 if they do participate in the
program. This has a positive affect of reducing a fee with participation.
. Mr. Ekstrand said the definition of a rental is other than owner occupied, which could be
a condo, apartment, townhome, or anything where someone is paying rent to live there.
. Chairperson Pearson reported that another area that needs to be looked is single family
homes throughout the city.
.
.Data on Multi-Housing in Maplewood
. Chairperson Pearson said that it would be helpful if there was a police overview in terms
of activity with those units. This would help get a scope of the level of a problem in
Maplewood. Mr. Fisher said that these would affect the license renewal for that complex
and is going to check with Dave Thomala to see if there is any information on that.
Chairperson Pearson said that in order to get into that program, everybody will need to
be registered and get contact people for each building. It might need to go beyond the
manager of the building; we need to be able to contact owners or an owner
representative with authority to make decisions. Commissioner Tkachuck said that
penalties for multiple problems, in terms of police activity, should be explored as part of
the program, which may self-fund the program itself. Information is needed on what kind
of calls buildings are generating for police and what would be a good cut off number
before a fine would be applied to the building owner.
.Code Enforcement Continued Discussion
.Ramsey County Grant Guidelines
. Mr. Ekstrand found this data on the Ramsey County website. Different funding
opportunities include rehabbing and weatherizing one's home and first time homebuyer
assistance. The City of Maplewood does have information available on the website
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Minutes of 06-13-07
regarding loans for commercial property owners. Mr. Ekstrand will look overthe website
and check if more information should be available to the public on the website.
.HRA Vacancy
. Please help put the word out about the opening on the board.
. Commissioner James asked if there is a mission statement or official charter already in
place. Mr. Ekstrand will look over the bylaws to see if there is a specific charter the
board should be referencing. There may be mission statement in our current comp plan
and when the comp plan is re-done in the future which may be similar or different.
. Chairperson Pearson requests that some material be put together on the Truth-in-
Housing program to give background to Commissioner James and Commissioner
Tkachuck. This is a program administered by the HRA and does encourage the board to
take in an open house to see if, that atthe time of the open house, the Truth-in-Housing
inspection is available for perspective buyers.
VIII. DATE OF NEXT MEETING
Date of next HRA meeting is scheduled for July 11, 2007.
IX. ADJOURNMENT
The meeting was adjourned at 6:28 p.m.
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Greg Copeland, City Manager
David Fisher, Building Official
Follow-up Information Requested at June 20th meeting
July 5, 2007
INTRODUCTION / DISCUSSION
At the June 20, 2007, HRA meeting the committee discussed various matters and requested staff
provide some information to be reviewed at the next meeting. The following are the issues
identified:
1. Staff should acquire rental ordinances and/or property maintenance codes of other cities for
their rental-property. Staff found rental ordinances and property maintenance codes
from the surrounding communities. Refer to the attached data from Woodbury, White
Bear Lake, North Saint Paul, Oakdale and Newport.
2. How many multi-family units do we have in Maplewood? How many are rentals? How many
police calls? How many Medical calls? Staff updated our list of multi-family units for
review by the HRA. There are 4,711 multi-family units in Maplewood-3,309 are rentals
and 1,402 are owner occupied. Total number of police calls in 2005 = 2927, 2006 = 3216
and year to date 2007 = 1446. Total number of medical calls 2005 = 578, 2006 = 600 and
year to date 207 = 325. Refer to the attachment.
3. Are the guidelines for qualifying for Ramsey County loans or grants on the City of Maplewood
web? Maplewood's website now has a link to Ramsey County's website regarding
funding opportunities such as First-Home Buyer Assistance and Suburban
Weatherization & Rehabilitation Programs.
4. Can the City charge for a police call? As provided by the Minnesota Multi Housing
Association (MHA), attached is information about police calls and other relevant state
statutes.
5. What is the status of filling the last HRA position? Staff has checked with the city
manager's office and currently we are still seeking to fill this spot by notices on the
city's web page and in the paper. At present, there are no new applicants.
RECOMMENDATION
Please review the attached information for discussion during the July 11th meeting.
p:HRA\rental Housing Followup 7 11 2007
Attachments:
1. Surrounding Municipalities Rental Ordinances and/or Property Maintenance Codes (separate attachment)
2. Multi-Dwelling/Rental Housing Data Police and Medical calls (separate attachment)
3. Information from MHA (separate attachment)
ARTICLE V. PROPERTY MAINTENANCE
Page 1 of 10
Wool {SCAY'Y
ARTICLE V. PROPERTY MAINTENANCE
Sec. 6-200. Title.
This section may be cited as the "City of Woodbury Property Maintenance Code," or "property
maintenance code."
(Ord. No. 1624, !)1624.01, 3-8-95)
Sec. 6-201. Policy; purpose; objectives; intent.
(a) Policy. It is the policy of the city to enhance the supply of safe, sanitary and adequate
property for its citizens and to prevent the deterioration of existing property in the city.
(b) Purpose. The purpose of the property maintenance code is to carry out the policy stated in
subsection (a) by establishing minimum standards, and procedures for their enforcement
consistent with the right to personal privacy, for the protection of life, limb, health, property,
safety, and welfare of the general public and the owners and occupants of all buildings and
properties within the city.
(c) Objectives. The objectives of this code include, but are not limited to, the following:
(1) The preservation and correction of all properties that adversely affect the life, safety,
health and general well being of persons in the city.
(2) The establishment of minimum standards for light, ventilation, cooling, heating and
sanitary equipment necessary to insure the health and safety of occupants of all
buildings.
(3) The establishment of minimum standards for the maintenance of all properties, both
owner occupied and rental dwellings.
(4) The prevention of blighted and deteriorated properties in the city.
(5) The preservation of the value of land and buildings throughout the city.
(d) Intent; relation to the provisions of the City Code.
(1) The city intends that the property maintenance code be an integral part of the city's
program of health, safety, building, and land use regulation. This code is to be construed
liberally in conjunction with the provisions of the City Code to give effect to the policy,
purpose, and objectives of this section, but is not to be construed to modify, amend or
otherwise alter the provisions of the City Code relating to health, safety, building or land
use regulation.
(2) It is not the intention of the city to intrude upon the fair accepted contractual
relationship between tenant and landlord. The city does not intend to intervene as an
advocate of either party, nor to act as an arbiter.
(3) It is determined that certain conditions within existing buildings, lawful at the time of
construction of the building, and not creating a hazardous condition, may not comply
with the minimum requirements of this code. Such conditions are referred to as "built-in
deficiencies," and the code official, in administering this code, may consider built-in
deficiencies as being beyond reasonable correction and accept them as an alternate
method of meeting the intent of the code.
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(Ord. No. 1624, !)1624.01, 3-8-95)
State law references: Municipal authority to regulate solid waste and unwholesome substances,
Minn. Stat. !)412.221, subd. 22.
Sec. 6-202. Adoption of the Building Officials and Code Administrators (BOCA) National
Property Maintenance Code by reference.
(a) Code adopted. The BOCA National Property Maintenance Code, 1993 Edition (the
"property maintenance code"), in its entirety, published by Building Officials and Code
Administrators International, Inc. is, except as modified or amended herein, adopted by
reference and is made a part of this Code as if fully set out at length.
(b) Copy on file. One copy of the property maintenance code, together with a copy of this
Code must be kept on file in the office of the code official and available for public inspection.
(Ord. No. 1624, !)1624.01, 3-8-95)
Sec. 6-203. Amendments to BOCA National Property Maintenance Code.
The property maintenance code is amended and revised in the following respects:
Section PM-101.1 Title: These regulations shall be known as the Property Maintenance
Code of the City of Woodbury hereinafter referred to as "this code."
Section PM 101.4 Referenced standards: The standards referenced in this code and
listed in chapter 8 shall be considered part of the requirements of this code to the prescribed
extent of each such reference. Where differences occur between provisions of this code and
other applicable codes or laws, the most restrictive shall govern.
Section PM-106.2 Penalty: Any person who shall violate a provision of this code shall,
upon conviction thereof, be subject to a fine no more than $700.00 or imprisonment for a term
not to exceed 90 days, or both. Each day that a violation continues after due notice has been
served shall be deemed a separate offense.
Section PM-111 Means of appeal, delete and replace with:
Section PM-111.1 Board of appeals: In order to hear and decide appeals of
orders, decisions or determinations made by the building official relative to the
application and interpretation of this code, there shall be and is hereby created a board
of appeals consisting of the city council.
Section PM-111.2 Right of appeal: Appeals must be in writing, must specify the
grounds for the appeal, must be accompanied by a filing fee as set forth per council
resolution and must be filed with the building department within ten business days after
service of compliance order.
Section PM-201.5 Parts: Whenever the words "dwelling unit," "dwelling," "multiple
dwelling," "premises," "building," "rooming house," "rooming unit," "story," or "structure," are
stated in this code, they shall be construed as though they were followed by the words "or any
part thereof."
Section PM-202.0 General Definitions:
Dwellings:
Multiple dwelling: A building containing three or more dwelling units that are
attached whether or not the units are separated with property lines.
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Section PM-302.1 General:
Public nuisance: Includes the following:
9. Any writings, drawings or inscriptions made on exterior walls of
structures not formally approved as signs by the city.
Section PM-303.3 Sidewalks and driveways: All sidewalks, walkways, stairs, driveways,
parking spaces and similar areas shall be kept in a proper state of repair, and maintained free
from hazardous conditions. This shall include, snow accumulations or any ice accumulations on
sidewalks, walkways and stairs; and snow accumulations of two inches or more, and any ice
accumulations in driveways and parking spaces. All areas must be cleared within 12 hours.
Section PM-303.4 Weeds: All premises and exterior property shall be maintained free
from weeds or plant growth in excess of six inches in the platted areas of the city. All noxious
weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation,
other than trees or shrubs provided; however, this term shall not include cultivated flowers and
gardens.
Section PM-303.6 Exhaust vents: Pipes, ducts, conductors, fans or blowers shall not
discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate
wastes upon abutting, adjacent, or surrounding properties.
Section PM-304.2 Street numbers: Each structure to which a street number has been
assigned shall have such number displayed in a position easily observed and readable from the
public right-of-way. All numbers shall be in arabic numerals at least four inches (101 mm) high
and 1/2-inch (13 mm) stroke.
Section PM-304.12 Insect screens: During the period from April 1 to October 31, every
door, window and other outside opening utilized or required for ventilation purposes serving any
structure containing habitable rooms, food preparation areas, food service areas, or any areas
where products to be included or utilized in food for human consumption are processed,
manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not
less than 16 mesh per inch and every swinging door shall have a self-closing devicein good
working condition.
Exception: Screen doors shall not be required for out-swinging doors or other types of
openings which make screening impractical, provided other approved means, such as
air curtains or insect repellent fans are employed.
Section PM-306.2.1 Rubbish storage facilities: The owner of every occupied premises
shall supply approved covered containers for rubbish, and the owner of the premises shall be
responsible for the removal of rubbish.
Exception: Where central facilities for rubbish removal is not required by the city,
individual units may use other means of storage as approved by the city.
Section PM-403.4 Minimum exterior lighting: The owner of a licensed multiple dwelling
or any nonresidential property shall be responsible for providing and maintaining effective
illumination in all exterior parking lots, vehicular access, yard areas, entrances and walkways.
An average of one footcandle at the pavement is required not to exceed four footcandles at any
property line.
Section PM-404.5 Clothes dryer exhaust: Clothes dryer venting systems shall be
independent of all other systems and shall be vented directly to the outside.
Section PM-405.11 Emergency escape: Every sleeping room shall have at least one
openable window or exterior door approved for emergency escape or rescue.
Section PM-405.12 Smoke detectors: All dwelling units shall have smoke detectors in
approved locations.
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Section PM-501.1 Scope: The provisions of this chapter shall govern the minimum
plumbing facilities and plumbing fixtures to be provided. Plumbing fixtures must be available to
the occupants of the building they were intended to serve.
Section PM-602.2 Residential buildings: Every dwelling shall be provided with heating
facilities capable of maintaining a room temperature of 68 degrees Fahrenheit at a point three
feet above the floor in all habitable rooms, bathrooms and toilet rooms based on the outside
design temperature required for the locality by the mechanical code listed in chapter 8.
Section PM-602.2.1 Heat supply: Every owner and operator of any building who rents,
leases or lets one or more dwelling unit, rooming unit, dormitory or guest room on terms, either
express or implied, to furnish heat to the occupants thereof shall supply sufficient heat during
the period from September 1 to May 31, to maintain the room temperatures specified in section
PM-602.2. during the hours between 6:30 a.m. and 10:30 p.m. of each day and not less than 65
degrees Fahrenheit during other hours.
shall be supplied with sufficient heat during the period from September 1 to May 31 to maintain a
temperature of not less than 65 degrees Fahrenheit during all working hours.
Exceptions:
1. Processing, storage and operation areas that require cooling or
special temperature conditions.
2. Areas in which persons are primarily engaged in vigorous physical
activities.
Chapter 7 is deleted in it's entirety. The fire and safety requirements shall be in
accordance with the Minnesota State Fire Code listed in Chapter 8.
Chapter 8, Referenced standards.
Minnesota State Building Code as adopted in Chapter 6 of the Woodbury City Code.
Minnesota State Fire Code as adopted by Chapter 8 of the Woodbury City Code.
(Ord. No. 1624, !)1624.01, 3-8-95)
Sec. 6-204. License of multiple dwellings.
(a) Definitions. For the purposes of this license section all definitions contained in the property
maintenance code are incorporated in this section by reference and made a part hereof.
(b) License required, multiple dwelling. Multiple dwelling rental units where individual units are
under common ownership shall be required to obtain a license. The license is issued or
renewed each year and expires on December 31.
(c) Licensing procedure.
(1) Application. By April 1, 1995, the owner of an existing multiple dwelling shall apply
to the code official for the license required. The application shall be made on forms
provided by the city and accornpanied by the required fee. Any changes of information
included on the application that occur during the license period must be submitted to the
code official in writing within ten days.
(2) License fees. License fees, as set forth by city council resolution, shall be due prior
to the license expiration date; in the cases of new unlicensed dwellings, license fees
shall be due upon issuance of the certificate of occupancy; in the case of licensing
periods of less than one year, license fees shall be prorated effective January 1, 1996.
The license fee will be reduced for safer tenants and rentals program participants
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according to the following certification levels: Level "C" certification: 25 percent
reduction; Level "B" certification: 50 percent reduction; Level "A" certification: 75 percent
reduction.
(3) Issuance of license. The application will be reviewed and the property will be
inspected by the code official. If the property meets applicable codes, laws and
ordinances, and fees have been paid, the code official shall issue the license. If the
property is in substantial compliance with applicable codes and laws, and there are no
hazardous conditions, a license may be issued with the condition that violations will be
corrected within a specified time period.
(4) Provisional license. Dwellings required to be licensed, which are existing and in
operation prior to April 1, 1995, may continue to operate with a provisional license. A
provisional license will be issued upon receipt of application and payment of fees. The
provisional license shall be valid until a license is issued or it is determined that license
requirements have not been met and the city will not issue a license.
(d) License suspension, revocation. A license may be suspended or revoked for
noncompliance of [with] the property maintenance code or applicable laws and ordinances. A
license may also be suspended or revoked if there are false statements in the application. If a
license is suspended or revoked it is unlawful for the owner to permit new occupancy of vacant
rental units. License fees for suspended or revoked licenses will not be refunded.
(e) License renewal. Application for renewal shall be made to the code official accompanied
by the required fee. The license shall be issued unless there is cause for suspension or
revocation.
(f) Property transfer. The operating license is not transferable. The license holder may apply
for a prorated fee refund. The new owner must apply for a license based on the license renewal
requirements and pay a prorated fee. The code official must be notified by the new owner of the
change in ownership in writing within ten days of property transfer.
(g) Display of license. A license shall be displayed on the premises of the multiple dwelling
wherever feasible and produced upon request of a perspective tenant, the code official or an
authorized representative.
(h) Resident agent required. A resident agent who resides in Washington, Ramsey, Dakota,
Hennepin, Anoka, Carver, or Scott Counties of Minnesota must be designated. The resident
agent must be responsible for maintenance and operation of the licensed facilities. The agent
must be legally empowered to make repairs and corrections as necessary to meet code and to
receive notice of violation.
(i) Tenant register. The license holder shall maintain a current register of tenants and other
persons who have a lawful right to occupancy of dwelling units. The register shall be available
for inspection by the code official upon request.
Ul Appeals. The procedure for appealing license decisions shall be the same as the appeal
procedure in the property maintenance code.
(k) Property manager background check.
(1) When required. Before hiring a manager, the licensee of a new multiple dwelling to
whom a license has been issued pursuant to this section shall be required to screen the
applicant. A licensee may employ a manager after requesting a background check under
this section before receipt of the background check report, provided that the licensee
complies with subsection (6). By January 1, 2002, a licensee shall request the director of
public safety for the city to conduct a background check under this section for managers
hired before January 1, 2001, who are currently employed.
(2) Procedures. The director of public safety for the city must approve the screening
company utilized by the licensee. The screening process shall be undertaken by the
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screening company pursuant to directives issued by the city, and shall be in person.
Screening of all prospective managers must include "in person" criminal history checks
at the state level in all states where each prospective manager has resided in the past
ten years. It must also include "in person" criminal history checks in all seven Twin City
metro counties and all counties where each prospective manager has resided in the past
ten years. The criteria for denial of all prospective managers must be docurnented and
provided to all persons completing an application for a manager position. Documentation
of manager screening must be available to the code official upon demand.
a. Every prospective manager shall be required to complete a manager
application.
b. Every applicant shall submit a proper photo identification, which must be
either a current driver's license or state issued identification card. If the
identification card is from a state other than the State of Minnesota, the licensee
must require verification of the applicant's social security number.
c. Applicants will be denied employment if the applicant misrepresents
information on the application. If the misrepresentations are found after the
person is hired as manager, the licensee must terminate the manager.
d. The criteria established for denial of applicants must apply equally to all
persons regardless of race, color, creed, religion, national origin, sex, sexual
orientation, disability, age, marital status, or status with regard to publiC
assistance.
(3) Form. The licensee shall develop a standardized form to be used for requesting a
background check, which must include:
a. A notification to the manager that the licensee will request a screening
company to perform a background check under this section;
b. A notification to the manager of the manager's rights under subsection (4);
and
c. A signed consent by the manager to conduct the background check.
The form must be accompanied by the fingerprints of the manager on whom the
background check is to be performed.
(4) Manager's rights.
a. The licensee shall notify the manager of the manager's rights under
paragraph b.
b. A manager who is the subject of a background check request has the
following rights:
1. The right to be informed that the licensee will request a background
check on the manager to determine whether the manager has been
convicted of a crime specified in subsection (5) below;
2. The right to be informed by the licensee of the screening company's
response to the background check and to obtain from the licensee a copy
of the background check report;
3. The right to obtain from the screening company any record that forms
the basis for the report;
4. The right to challenge the accuracy and completeness of information
contained in the report or record under Minn. Stats. !)13.04, subd. 4; and
5. The right to be informed by the licensee if the manager's application
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to be employed by the licensee or to continue as an employee has been
denied because of the result of the background check.
(5) Definitions.
Terms. The definitions listed below under background check crime applies to this section.
Background check crime. "Background check crime" means:
(a)(1) A felony violation of Minn. Stats. SS609.185 (first degree murder), 609.19 (second degree
murder); 609.20 (first degree manslaughter); 609.221 (first degree assault); 609.222 (second
degree assault); 609.223 (third degree assault; 609.25 (kidnapping); 609.342 (first degree
criminal sexual conduct); 609.343 (second degree criminal sexual conduct); 609.344 (third
degree criminal sexual conduct); 609.345 fourth degree criminal sexual conduct); 609.561 (first
degree arson); or 609.749 (harassment and stalking);
(a)(2) An attempt to commit a crime in clause (1); or
(a)(3) A conviction for a crime in another jurisdiction that would be a violation under clause (1) or
an attempt under clause (1) in this state; or
(b)(1) A felony violation of Minn. Stats. SS 609.195 (third degree murder); 609.205 (second
degree manslaughter); 609.21 (criminal vehicular homicide and injury); 609.2231 (fourth degree
assault); 609.224 (fifth degree assault); 609.24 (simple robbery); 609.245 (aggravated robbery);
609.255 (false imprisonment); 609.52 (theft); 609.582, subds. 1 or 2 (burglary); 609.713
(terroristic threats); or a nonfelony violation of 609.749 (harassment and stalking);
(b)(2) An attempt to commit a crime in clause (1); or
(b)(3) A conviction for a crime in another jurisdiction that would be a violation under clause (b)
(1) in this state.
Manager. "Manager" means an individual who is hired or is applying to be hired by a licensee
and who has or would have the means, within the scope of the individual's duties, to enter tenants'
dwelling units. "Manager" does not include a person who is hired on a casual basis and not in the
ongoing course of the business of the licensee.
(6) Licensee duties if manager convicted of a crime.
a. If the screening company's response indicates that the manager has been
convicted of a background check crime defined in subsection (5)(a)(1)--(3) of this
section, the licensee shall not hire the manager or, if the manager was hired
pending completion of the background check, shall terminate the manager's
employment. Except as provided in paragraph c below, if a licensee otherwise
knows that a manager has been convicted of a background check crime defined
in subsection (5)(a)(1)--(3) of this section, the licensee shall terminate the
manager's employment.
b. If the screening company's response indicates that the manager has been
convicted of a background check crime defined in subsection (5)(b)(1)--(3) of this
section, the licensee may not hire the manager unless more than ten years have
elapsed since the date of discharge of the sentence. If the manager was hired
pending completion of the background check, the licensee shall terminate the
manager's employment unless more than ten years have elapsed since the date
of discharge of the sentence. Except as provided in paragraph c below, if a
licensee otherwise knows that a manager has been convicted of a background
check crime defined in subsection (5)(b)(1)--(3) of this section, the licensee shall
terminate the manager's employment unless more than ten years have elapsed
since the date of discharge of the sentence.
c. If a licensee knows that a manager hired before January 1, 2001, was
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convicted of a background check crime for an offense committed before January
1, 2001, the licensee may continue to employ the manager. However, the
licensee shall notify all tenants and prospective tenants whose dwelling units
would be accessible to the manager of the crime for which the manager has
been convicted and of the right of a current tenant to terminate the tenancy under
this paragraph, if the manager was convicted of a background check crime
defined in:
1. Subsection (5)(a)(1 )--(3) of this section; or
2. Subsection (5)(b)(1 )--(3) of this section, unless more than ten years
have elapsed since the sentence was discharged.
Notwithstanding a lease provision to the contrary, a current tenant who receives
a notice under this paragraph may terminate the tenancy within 60 days of
receipt of the notice by giving the licensee 14 days' advance notice of the
termination date.
d. The licensee shall notify the manager of any action taken under this
subdivision.
e. If a licensee is required to terminate a manager's employment under
paragraph (6)a. or b., or terminates a manager's employment in lieu of notifying
tenants under paragraph (6)c., the licensee is not liable under any law, contract,
or agreement, including liability for unemployment compensation, claims, for
terminating the manager's employment in accordance with this section.
Notwithstanding a lease or agreement governing termination of tenancy, if the
manager whose employment is terminated is also a tenant, the licensee may
terminate the tenancy immediately upon giving notice to the manager. An
eviction action to enforce the termination of the tenancy must be treated as a
priority writ under Minn. Stats. SS 504B.321; 504B.335; 504B.345, subd. 1,
504B.361, subd. 2; and 504B.365, subd. 2.
(7) Penalty. A licensee who knowingly fails to comply with the requirements of
subsection (k) of this section is guilty of a petty misdemeanor. A violation of subsection
(k) may also lead to the suspension or revocation of the licensee's license under
subsection (d).
(I) Safer tenants and rentals plaques and brochures.
(1) Safer tenants and rentals brochures. The public safety department will develop a
brochure that explains the STAR program, including the certification levels. Brochures
will be given to rental housing developments free of charge. It shall be the responsibility
of every rental housing development in the city to provide a copy of the brochure to
every applicant for a rental unit in the development. The brochure shall be given to
applicants at the time application forms are provided to the applicant(s), prior to the
applicant(s) signing a rental agreement.
(2) Plaques. The public safety department will develop plaques for rental housing
developments. The plaques will indicate whether or not the rental development is
certified under the STAR program. If the development is certified, the plaque will show
which level of certification the development achieved. If the development is not
"certified", the plaque will indicate noncompliance. The plaques will be given to the rental
housing development free of charge. Every development, whether certified or not, is
required to post the plaque in the interior area of the rental development where it is
highly visible to rental applicants in the area they apply for and submit rental application
forms.
(3) Penalties. Failure to comply with this section will result in an "administrative" of
$100.00 for each violation. If the fine is not paid, in will be included in the annual license
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fees.
(Ord. No. 1624, S1624.01, 3-8-95; Ord. No. 1711, 3-28-2001; Ord. No. 1713, 3-28-2001; Ord. No.
1714,3-28-2001)
Sec. 6-205. Conduct on licensed premises.
(a) 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:
(1) Minn. Stats. SS609.75 through 609.76, which prohibit gambling;
(2) Minn. Stats. SS 609.321 through 609.324 which prohibit prostitution and acts
relating thereto;
(3) Minn. Stats. SS 152.01 through 152.025, and S 152.027, subds. 1 and 2, which
prohibit the unlawful sale or possession of controlled substances;
(4) Minn. Stats. S340AA01, which prohibits the unlawful sale of alcoholic beverages;
(5) Minn. Stats. S 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;
(6) Section 13-1 of this Code, which prohibits noisy assemblies;
(7) Minn. Stats. SS97B.021, 978.609.66 through 609.67 and 624.712 through 624.716,
and section 13-5 of this Code, which prohibits the unlawful possession, transportation,
sale or use of a weapon;
(8) Minn. Stats. S609.72, which prohibits disorderly conduct;
(9) Minn. Stats. SS 609.221 through 609.224, which prohibits assaults, including
domestic assault as defined in Minn. Stats. S518B.01.
(10) Violation of laws relating to contributing to need for protection or services or
delinquency of a minor as defined in Minn. Stats. S260.315;
(11) Section 13-1 et. al of this chapter which relates to animal noises and public
nuisances.
(b) The director of public safety shall be responsible for enforcement and administration of this
section.
(c) Upon determination by the director of public safety that a licensed premises was used in a
disorderly manner, as described in subsection (a), the director of public safety shall notify the
licensee by mail of the violation and direct the licensee to take steps to prevent further
violations.
(d) If another instance of disorderly use of the licensed premises occurs within 12 months of an
incident for which a notice in subsection (c) was given, the director of public safety shall notify
the licensee by mail of the violation and shall also require the licensee to submit a written report
of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use
of the premises. This written report shall be submitted to the director of public safety within five
days of receipt ofthe notice of disorderly use of the premises within the preceding 12 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 director of public safety in the manner described in subsections (e) through
(g).
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(e) If another instance of disorderly use of the licensed premises occurs within 12 months after
any two 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. Any 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 director of public safety in
the manner described in subsections (d) through (g).
(f) No adverse license action shall be imposed where the instance of disorderly use of licensed
premises occurred during the pendency of eviction proceedings (unlawful detainer) or within 30
days of notice given by the licensee to a tenant to vacate the premises, where the disorderly
use was related to conduct by the 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
licensed 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.
(g) A determination that the licensed premises has been used in a disorderly manner as
described in subsection (a) 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.
(Ord. No. 1712,3-28-2001)
State law references: Disorderly house, Minn. Stat. !l609.33; disorderly conduct, Minn. Stat. !l
609.72.
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!)508.010
PUBLIC HEALTH, WELFARE AND SANITATION
~508.030
508. Rental Dwelling Licensing
!)508.010 LICENSING OF RENTAL UNITS. This licensing program shall commence on January 1,
1992 and applies to rental dwellings of three (3) or more units without first having obtained a license for
each dwelling from the City as hereinafter provided. All licenses shall be valid for a period of two (2)
years from the date of issuance, except as otherwise provided herein or in cases of suspension or
revocation. Licensees may continue to operate their business, lawfully, after the expiration date of their
license provided, that the licensee has filed with the Compliance Official, on or before the expiration
date, the appropriate license application and license fee. Application and license fees for new
unlicensed dwellings shall be due prior to the issuance of the Certificate of Occupancy.
!)508.020 LICENSE FEES. At the time of application, the applicant shall submit a non-refundable
license fee. The license fee shall be charged every two (2) years and shall equal a base fee of $35.00
plus an additional $5.00 for each dwelling unit over three units within the apartment complex or
building. When re-inspections are required, fees shall be charged pursuant to !)508.130.
Non-refundable late fees for relicensing shall be charged as follows:
1) 1 - 7 days after expiration 25% over original fee
2) 8 or more days after expiration 50% over original fee
3) 30 days after expiration legal procedures will begin
!)508.030 OWNER OR AGENT TO APPLY. License application or renewal shall be made by the
owner of rental units or a legally constituted agent. Application forms may be acquired from and
subsequently filed with the Compliance Official. The applicant shall supply the following:
1) Name, address and telephone number of the dwelling owner; partners if a partnership;
corporate officers if a corporation.
2) Name, address and telephone number of designated agent or manager.
3) Name, address and telephone number of vendee, if dwelling is being purchased through a
contract for deed or mortgage.
4) Legal description and address of dwelling.
5) Number of units in each rental dwelling and the type of units (one (1) bedroom, two (2)
bedroom etc...) within each of the rental dwelling.
6) The number of paved off-street parking spaces available (e.g. enclosed parking spaces,
exterior parking spaces and handicap parking spaces).
Every person holding an operating license shall give notice, in writing, to the Compliance
Officer within five (5) business days after any change of this information. Notice of transfer shall be as
described in Section S502.330.
(Ref. Ord. No. 856, 11/26/91)
Added 11/26/91
!)S08.030
PUBLIC HEALTH, WELFARE AND SANITATION
!)S08.070
!)S08.030 RESIDENT AGENT REQUIRED. No operating license shall be issued or renewed for a
nonresident owner of rental dwelling units (one who does not reside in any of the following Minnesota
counties: Hennepin, Ramsey, Anoka, Carver, Dakota, Scott or Washington; or Wisconsin counties:
Polk, St. Croix and Pierce) unless such owner designates in writing to the Compliance Official the
name, address and phone no. of his resident agent (one who does reside in any of the following
Minnesota counties: Hennepin, Ramsey, Anoka, Carver, Dakota, Scott or Washington; or Wisconsin
counties: Polk, St. Croix and Pierce) who is responsible for maintenance and upkeep and who is
empowered to receive service of notice of violation of the provisions of the City Ordinances, to receive
orders and to institute remedial action to effect such orders and to accept all service or process
pursuant to law. The Compliance Official shall be notified in writing of any change of resident agent.
!)508.040 APPLICATION AND INSPECTION. Upon receipt of a properly executed application for a
rental housing license, an inspection shall be made of the premises every two years to ensure that the
property is in compliance with all applicable ordinances of the City.
Subd. 1. Prior to conducting an inspection, the Compliance Official shall mail notification to
the owner or agent at least 10 working days prior to the proposed inspection date. It shall be the
responsibility of the applicant to inform tenants of the scheduled inspections.
Subd. 2. The number of units to be inspected by the Compliance Official shall be determined
by the following:
No. of units within
a buildinq
3-5
6 - 30
31 - 60
61 +
Units to be inspected
per buildinq
All
S units or 25% of the units, whichever is greater
25% of the units
15 units
!)508.050 CONFORMANCE TO LAWS. No operating license shall be issued or renewed unless the
rental dwelling and its premises conform to all applicable ordinances of the City.
!)508.060 INSPECTION CONDITION. No operating license shall be issued or renewed unless the
owner of rental units agrees in his application to permit inspections.
!)508.070 ISSUANCE OF RENTAL HOUSING LICENSE. If the rental dwelling is in compliance with all
applicable ordinances of the City, a license shall be issued to the present owner or his designated
agent, which shall state that the property has been inspected. If the City finds that the circumstances of
the occupancy following the issuance of the license involve pOSSible Code violations, substandard
maintenance or abnormal wear and tear, the City may reinspect the premises during the licensing
period.
(Ref. Ord. No. 856, 11/26/91)
Added 11/26/91
!)S08.080
PUBLIC HEALTH, WELFARE AND SANITATION
9508.110
!)508.080 POSTING OF LICENSE. Every licensee of a multiple dwelling shall post the license in the
main entry way or other conspicuous location therein.
!)508.090 LICENSE TRANSFERABILITY. No operating license shall be transferable to another person
or to another rental dwelling without written approval of the Compliance Official. A license issued here-
under is transferable providing that the new owner, partners or corporate officers submit to the
Compliance Official within five (5) business days after legally acquiring ownership of the licensed rental
dwelling(s), a License Transfer Form (supplied by the City), along with a transfer fee of $10.00. Failure
to submit the license transfer form and the transfer fee may result in the termination of the rental
license.
!)508.100 OCCUPANCY REGISTER REQUIRED. Every owner of a licensed rental dwelling shall
keep, or cause to be kept, a current register of occupancy for each dwelling unit which provides the
following information:
1) Dwelling unit address.
2) Number of bedrooms in dwelling unit.
3) Number of adults and children (under 18 years of age) currently occupying the dwelling unit.
Such register shall be made available for viewing or copying by the Compliance Official at all
reasonable times.
!)508.110 LICENSE SUSPENSION OR REVOCATION. Every operating license issued under the
provisions of this ordinance is subject to suspension or revocation by the City Council, should the
licensed owner or his duly authorized resident agent fail to operate or maintain the licensed rental
dwelling(s) and dwelling units therein consistent with the provisions of all applicable ordinances of the
City. Prior to suspension or revocation the licensee or his designated agent shall be notified in writing
at least five (5) days prior to the City Council's consideration of such an action. In the event that an
operating license is suspended or revoked by the City Council it shall be unlawful for the owner or his
duly authorized agent to thereafter permit any new occupancies of vacant, or thereafter vacated rental
units, until such time as a valid operating license is restored. Issuance of a new license after
suspension or revocation shall be made in the manner provided for obtaining an initial license. The
license application will be accompanied by the license fee equal to one hundred and fifty (150) percent
of the original license fee.
An operating license may also be suspended or revoked for any of the following reasons:
1) The license was procured by misrepresentation of material facts, by fraud, by deceit or by
bad faith.
2) The applicant or one acting in his behalf made oral or written misstatements or
misrepresentations of material facts in or accompanying the application.
3) The licensee or applicant has failed to comply with any condition set forth in any other
permits granted by the City of White Bear Lake.
4) The activities of the licensee in the licensed activity create or have created a serious danger
to the public health, safety or welfare.
!)S08.110
PUBLIC HEALTH, WELFARE AND SANITATION
!)S08.160
5) The licensed business, or the way in which said business is operated, maintains or
permits conditions that injure, annoy, or endanger the safety, health, morals, comfort
or repose of any member of the public.
!)50B.120 POSTED TO PREVENT OCCUPANCY. Whenever any dwelling or dwelling unit has
not obtained the required license, or has been denied a license or has had its operating license
suspended or revoked or is unfit for human habitation, it shall be posted with a placard by the
Compliance Official to prevent further occupancy.
No person, other than the Compliance Official or hislher representative, shall remove or tamper
with any placard used for posting. The Compliance Official will post on the placard the date that
the vacancy shall become effective. On or after the placard vacancy date, no person shall
reside in, occupy or cause to be occupied any dwelling or dwelling unit which has been posted
to prevent occupancy.
!)508.130 REINSPECTION FEES. At the time that a third inspection of a dwelling or dwelling
unit is needed, a reinspection fee will be charged to the owner. The reinspection fee shall be
twenty-five (25) percent of the license fee or Twenty five ($25.00) dollars, whichever is greater,
for each reinspection needed after the initial inspection and the second inspection has been
done. No license will be issued until all outstanding reinspection fees have been paid. If a
dwelling or dwelling unit is licensed, the license shall expire twenty (20) days after the licensee
or his agent is notified of the reinspection fees that must be paid to maintain such license in
good standing, unless the reinspection fee is paid prior to the expiration of the twenty (20) day
period.
!)508.140 PENALTIES. Any person violating any of the provisions of this ordinance by doing
any act or failing to do any act which constitutes a breach of any section of this ordinance, is
guilty of a misdemeanor and shall upon conviction thereof maybe punished by a fine not to
exceed Seven Hundred ($700.00) dollars or by imprisonment not to exceed ninety (90) days or
both.
!)508.150 LIABILITY. Neither the City nor its employees or agents shall be deemed liable for
damages to a third person by reason of this ordinance.
!)508.160 SEPARABILITY. Every section, provisions, or part of this ordinance is declared
separable from every other section, provision, or part to the extent that if any section, provision
or part of the ordinance shall be held invalid, it shall not invalidate any other section, provision or
part thereof.
(Ref. Ord. No. 856, 11/26/91)
Added 11/26/91
3502.010
PU8L1C HEALTH, WELFARE AND SANITATION
3502.040
502. Minimum Housing Standards
9502.010
PURPOSE. The purpose of this Section is:
a) To maintain a quality character and stability of residential areas;
b) To 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 buildings:
c) To provide minimum standards for cooking, heating, and sanitary equipment necessary to the
health and safety of occupants of buildings;
d) To provide minimum standards for light and ventilation, necessary to health and safety;
e) To prevent the overcrowding of buildings by providing minimum space standards for each
occupant;
f) To provide minimum standards for the maintenance of existing residential buildings and to
prevent slum and blight;
g) To preserve the value of land and buildings throughout the City of White Bear Lake.
9502.020 SCOPE. This ordinance shall apply to every owner occupied dwelling and every rental
dwelling and its premises used in whole or in part as a home or residence, or as an accessory struc-
ture thereof. Dwelling units constructed prior to the enactment of this ordinance, Januarv 1, 1992,
shall comply with said regulations if the violation poses a threat to the health, safety and general
welfare of the occupant(s). Dwelling units constructed on or after the enactment of this ordinance,
Januarv 1. 1992, shall conform to all requirements of this ordinance. This ordinance establishes
minimum standards for erected owner occupied, rental or leased dwelling units, accessory
structures, and related premises.
Where, in a specific case, different sections of this code specify different materials,
methods, or other requirements, the most restrictive shall govern.
9502.030 LIABILITY. This code shall not be construed to relieve from or lessen the responsibility
of any owner or occupier of any building dwelling unit or structure for any damages to persons or
property caused by defects, nor shall the City or its agents and employees be held as assuming any
such liability by reason of the inspections authorized by this code or any permits or certificates
issued under this code.
9502.040 DISPUTES. With respect to rental disputes, and except as otherwise specifically
provided by the terms of this ordinance, it is not the intention of the City to intrude upon the
contractual relationship between tenant and landlord. The City does not intend to intervene as an
advocate of either party, nor to act as an arbiter, nor to be receptive to complaints from tenant or
landlord which are not specifically and clearly relevant to the provisions of this ordinance.
(Ref. Ord. No. 855, 11/26/91)
Amended 11/26/91
~502.050
PUBLIC HEALTH, WELFARE AND SANITATION
~502.050
~502.050 DEFINITIONS. The following definitions shall apply in the interpretation and
enforcement of this ordinance:
Subd. 1. Accessorv Building or Use - a subordinate building or use which is
located on the same lot on which the principal building or use is situated and which is reasonably
necessary and incidental to the conduct of the primary use of such building or principal use.
Subd. 2.
Adequate - of good quality and/ or quantity approved by the Compliance
Official.
Subd. 3. Apartment Complex - two or multiple family dwellings grouped in one
location, held by owner as herein defined.
Subd. 4.
Approved - refers to acceptance by the Compliance Official.
Subd. 5.
any use or occupancy.
Building - any structure used or intended for supporting or sheltering
Subd. 6. Compliance Official - the designated authority charged with the
administration and enforcement of this code, or his duly authorized representative.
Subd.7. Dwelling - a building or portion thereof, designed or used predominantly
for residential occupancy of a continued nature, including one- family dwellings, two-family dwell-
ings, and multiple family dwellings; either owner occupied or rental; but not including rooming
houses, hotels and motels.
Subd. 8. Dwelling Unit - any room or group of rooms located within a dwelling
which forms a single habitable unit with facilities which are used or intended to be used for living,
sleeping, cooking, eating and sanitation.
a) Multiple Family. A building designed with three or more dwelling units exclusively for
occupancy by three (3) or more families living independently but sharing hallways and main
entrances or exits.
b) Single Family. A dwelling unit designed exclusively for occupancy by one (1) family.
1) Attached. A dwelling unit which is joined to one another by a party wall.
2) Detached. A dwelling unit which is not attached to another dwelling or
structure.
c) Two Family. A dwelling designed exclusively for occupancy by two (2) families living
independently of one another.
1) Double Bungalow. A two-family dwelling with two (2) units side by side.
2) Duplex. A two-family dwelling with one (1) unit above the other. (Ref. Ord.
No. 855, 11/26/91)
Amended 11/26/91
!i502.050
PUBLIC HEALTH, WELFARE AND SANITATION
!i502.050
Subd. 9 Extermination - the control and elimination of insects, rodents or other
pests by eliminating their harborage places; by removing or making inaccessible materials that may
serve as their food; by poisoning, spraying, fumigating, or trapping or by any other recognized or
legal pest elimination methods approved.
Subd. 10.
Family - any of the following definitions shall apply:
a) A person or persons related by blood, marriage, or adoption, together with their domestic
servants or gratuitous guests, all maintaining a common household in a dwelling unit;
b) Group or foster care of not more than ten (10) wards or clients all maintaining a common
household in a dwelling unit approved and certified by the appropriate public agency;
c) A group of not more than five (5) persons not related by blood, marriage or adoption
maintaining a common household in a dwelling unit.
Subd. 11. Flush Water Closet - an approved toilet, with a bowl and trap made in one
piece, which is connected to the City water and sewer system or other approved water supply and
approved sewer system.
Subd. 12. Garbage - putrescent animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Subd. 13. Habitable Room - a room or enclosed floor space used or intended to be
used for living, sleeping, eating, or cooking purposes, excluding bathrooms, flush water
compartments, laundries, furnace rooms, unfinished basements, pantries, utility rooms of less than
50 square feet of floor space, foyers, halls, stairways, closets, storage spaces, workshops, hobby and
recreations areas in parts of the structure below ground level or in attics and other similar areas.
Subd. 14. Infestation - the presence within or around the dwelling of insects, rodents
or other pests.
Subd. 15. A. Kitchen - a space which contains a sink with counter working space,
adequate space for installing cooking and refrigeration equipment, and adequate storage space for
food and cooking utensils.
Subd.15.B. Kitchenette - a space which contains a sink with counter working space,
cabinets for the storage of food and cooking utensils, a refrigerator, and a cook stove or built-in
microwave. (Ref. Ord. 979; April 11 , 2000)
Subd. 16. Occupant - any person (including owner or operator) living, sleeping,
cooking and eating in a dwelling unit or living and sleeping in a rooming unit.
Subd. 17. Operator - the owner or his agent who has charge, care, control, or
management of a building, or part thereof, in which a dwelling or dwelling units are leased.
Subd. 18. Or Any Part Thereof - whenever the words "dwelling", "dwelling unit", "rooming unit",
"premises", "hotel", "motel" or "structure" are used in this ordinance, they shall be construed as
!i502.050 PU8L1C HEALTH, WELFARE AND SANITATION !i502.050
though they were followed by the words "or any part thereof". (Ref. Ord. No. 855, 11/26/91)
59
Subd. 19. Owner - any person, as hereafter defined, who holds title or is in actual
possession of, or has charge, care or control of any dwelling or dwelling unit within the City or an
employee or agent of the owner. Any such person representing the actual owner shall be bound to
comply with the provisions of this ordinance to the same extent as the owner.
Subd. 20. Permissible Occupancy - the maximum number of persons permitted to
reside in a dwelling or dwelling unit.
Subd. 21. Person - an individual, firm, partnership, association, corporation or joint
venture or organization of any kind.
Subd. 22. Plumbing - all of the following supplied facilities and equipment in a
dwelling: gas piping, 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 in-
stallation thereof, together with all connections to water, sewer and gas lines.
Subd. 23. Premises - a platted lot or part thereof or unplatted parcel of land, either
occupied or unoccupied by any dwelling or non-dwelling structure, including such building, accessory
structure or other structure thereon.
Subd. 24. Public Hall - a hall, corridor or passageway for providing egress from a
dwelling unit to a public way and not within the exclusive control of one (1) occupant.
Subd. 25. Refuse - all putrescent and nonputrescent waste, decomposed matter and
solids including garbage and rubbish.
Subd. 26. Rental Dwelling or Dwelling Unit - a dwelling or dwelling unit let for rent or
lease.
Subd. 27. Repair - to restore to a sound and acceptable state of operation,
serviceability or appearance.
Subd. 28. Rodent Harborage - any place where rodents can live, nest, or seek shelter.
Subd. 29. Rooming House - A building that is the primary residence of the owner and
in which a room or group of rooms are provided by the owner, for compensation, to adult persons
and their children, not related by blood, marriage, or adoption to the owner.
Subd. 30. 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.
Subd. 31. Rubbish - nonputrescent solid wastes consisting of both combustible and
noncombustible wastes, such as paper, cardboard, tin cans, grass and shrubbery clippings, wood,
glass, brick, plaster, bedding, crockery, leaves, dead trees or branches thereof, rags, plastic and
other similar materials. (Ref. Ord. No. 855, 11/26/91)
9502.050
PUBLIC HEALTH, WELFARE AND SANITATION
9502.050
Subd. 32. Safety - the condition of being relatively free from danger and hazards
which may cause accidents or disease.
Subd. 33. Substandard Dwelling - any dwelling which does not conform to the
minimum standards established by the City Ordinances or the laws and regulations of the State of
60
Minnesota.
Subd. 34. Supplied - paid for, furnished by, provided by or under the control of the
owner, operator, or agent of a dwelling.
Amended 11/26/91
61
~502.060
PUBLIC HEALTH, WELFARE AND SANITATION
~502.080
~502.060 RESPONSIBILITIES OF OWNERS. No owner shall lease any dwelling or dwelling unit to
another person unless it and the premises are clean, sanitary, fit for human occupancy, and comply
with all applicable City Ordinances and the laws and regulations of the State of Minnesota.
~502.070 MINIMUM HOUSING STANDARDS: ROOMING HOUSES, HOTELS AND MOTELS. Every
provision of this ordinance which applies to dwellings or dwelling units shall also apply to rooming
houses, hotels, motels, and assisted and congregate care senior housing, except where hereinafter
noted and except to the extent that any such provision may be found in conflict with the laws and
regulations of the State or Minnesota.
~502.080 MAXIMUM DENSITY, MINIMUM SPACE, USE AND LOCATION REQUIREMENTS. Except for
owner occupied dwelling or dwelling units, every dwelling or dwelling unit shall comply with the
following requirements:
Subd. 1. Permissible Occupancy. The maximum permissible occupancy of any dwelling
or dwelling unit shall be determined as follows:
a) Dwelling Area. For first occupant, two hundred (200) square feet of habitable room floor
area shall be required; for every additional occupant thereof, at least one hundred (100)
square feet of habitable room floor area must be provided.
b) Sleeping Area. In every dwelling unit of two (2) or more rooms, every room designated as a
bedroom or actually used for sleeping purposes by one (1) occupant shall contain at least
eighty (80) square feet of floor space exclusive of walls and partitions.
Subd. 2. Minimum Floor Area. Every dwelling unit shall have at least one (1) room
which shall have not less than one hundred twenty (120) square feet of floor area. Other habitable
rooms, except kitchens, shall have area of not less than eighty (80) square feet.
Subd. 3. Ceiling Heights. In order to qualify as habitable rooms, it must have a clear
ceiling height of not less than seven (7) feet except that in attics or top-half stories used for
sleeping, study, or similar activities, the ceiling height shall be not less than seven (7) feet over at
least one-half of the floor area. In calculating the floor area of such rooms in attics or top-half
stories, only those portions of floor area of the room having a clear ceiling height of five (5) feet or
more may be included.
Subd. 4. Room Access. No dwelling or dwelling unit containing two or more
sleeping rooms shall have a room arrangement such that access to a bathroom or water closet
compartment intended for use by occupants of more than one sleeping room can be gained only by
going through another sleeping room, nor shall the room arrangement be such that access to a
sleeping room can be gained only by going through another sleeping room. A bathroom or water
closet compartment shall not be used as the only passageway to any habitable room, hall, basement,
cellar or to the exterior of any dwelling or dwelling unit.
(Ref. Ord. No. 855, 11/26/91)
Amended 11/26/91
62
~502.090
PU8L1C HEALTH, WELFARE AND SANITATION
~502.090
~502.090 BASIC EQUIPMENT AND FACILITIES. No person shall occupy or lease to another for
occupancy any dwelling or dwelling unit for the purposes of living, sleeping, cooking and eating
therein, which does not provide or comply with the following requirements:
Subd. 1. Kitchen Facilities. Within every dwelling or dwelling unit, except those
located in assisted or congregate senior housing (see Kitchenette Facilities at Subd. 2.) there shall be
an area where food may be stored, prepared and/or cooked, which contains the following:
a) An approved kitchen sink in good working condition and properly connected to an approved
water supply and waste system which provides, at all times, an adequate amount of heated
and unheated running water with a pressure of not less than eight (8) P.S.!. at the point of
discharge, and which is connected to an approved sewer system.
b) Cabinets and/or shelves, for the storage of eating, drinking and cooking equipment and
utensils and/or food which does not require refrigeration, providing a minimum of forty-five
(45) cubic feet of storage plus an additional fifteen (15) cubic feet per occupant in excess of
one (1). Cabinets, shelves, countertops and tables used for the storage and preparation of
foods shall have a hard non-absorbent surface which is easily cleanable and that will not
impart toxic or deleterious effects to foods.
c) A cook stove and oven for the preparation of food, and a refrigerator for the safe storage of
food, at or below forty (40) degrees Fahrenheit, properly installed with all necessary connec-
tions. Such items need not be installed when a dwelling or dwelling unit is not occupied and
when the occupant is expected to provide these items at occupancy, in which case, space and
connections for their installation and operation shall be provided.
Subd. 2. Kitchenette Facilities. Within every dwelling unit located in an assisted
or congregate care senior housing facility, which includes a licensed commercial kitchen and/or a
daily meal program, there shall be an area where food may be stored, prepared, and cooked, which
contains the following:
a) An approved kitchen sink in good working condition and properly connected to
an approved water supply and waste system which provides, at all times, an adequate amount of
heated and unheated water with a pressure of not less than eight (8) P.S.!. at the point of discharge,
and which is connected to an approved sewer system.
b) Cabinets and/or shelves, for the storage of eating, drinking, and cooking
equipment and utensils, and/or food which does not require refrigeration, providing a minimum of
thirty-five (35) cubic feet of storage. Cabinets, shelves, countertops, and tables used for the storage
and preparation of foods shall have a hard non-absorbent surface, which is easily cleanable, and that
will not impart toxic or deleterious effects to food.
c) A cook stove or built-in microwave oven for the preparation of food, and a
refrigerator for the sage storage of food, at or below forty (40) degrees Fahrenheit, properly
installed with all necessary connections.
~502.090
PU8L1C HEALTH, WELFARE AND SANITATION
~502.090
Bathroom Facilities. Every dwelling or dwelling unit shall contain a non-habitable
room which affords privacy to a person within said room and which is equipped with toilet facilities,
63
sink and bathtub or shower in good working condition, properly connected to an approved sewer and
approved water system, meeting the following minimum specifications:
a) Toilet facilities shall include a flush water closet, in good working order, connected to a
water supply of not less than eight (8) P.S.1. and an approved drainage system. The flush
water closet shall be constructed of a smooth porcelain or equal material finish without
cracks or other deficiencies. The room shall be provided with natural ventilation by means of
windows open able to the exterior. The openable area must not be less than 1120 of the floor
area of the room. In lieu of such openings mechanical ventilation shall be installed to provide
five (5) air changes per hour.
b) The sink may be in the same room as the flush water closet, or within close proximity to the
door leading directly into the toilet room. The sink shall be connected to an approved water
supply system that will provide at all times heated and unheated water at a pressure of not
less than eight (8) P.S.1. at the point of discharge. The sink shall be connected to an
approved drainage system.
c) The bathtub and/or shower shall be in good working condition. It shall be located in a room
with a tight fitting door containing a privacy lock or latch. The bathtub and/or shower may
be in the same room as the flush water closet or in a separate room. Ventilation shall be
provided the same as required in rooms containing flush water closets. Heated and unheated
water shall be provided from an approved water supply system at not less than eight (8) P.S.1.
at the point of discharge and shall be connected to an approved drainage system.
64
Subd. 3. Electric Circuits. Outlets and Fixtures. Every dwelling or dwelling unit
and all public and common areas shall be supplied with electric service, functioning over current
protection devices, electric outlets, and electric fixtures which are properly installed, maintained in
good and safe working conditions, and shall be connected to a source of electric power in a manner
required by the ordinances of the City or by the laws and regulations of the State of Minnesota. The
minimum capacity of such electric service and the minimum number of outlets and fixtures shall be
as follows:
a) Dwelling units shall have at least the equivalent of sixty (60) ampere, three-wire electric
service per dwelling unit;
b) Dwelling units shall have at least one (1) branch circuit for each six hundred (600) square feet
of dwelling unit floor area;
c) Every habitable room shall have at least one (1) floor or wall type electric duplex
convenience outlet and in no case less than two (2) such electric duplex convenience outlets
provided, however, that one ceiling or wall-type light fixture may be supplied in lieu of one
(1) required electric duplex convenience outlet;
d) Every flush water closet compartment, bathroom, kitchen, laundry room, and furnace room
shall contain at least one (1) supplied ceiling or wall type electric light fixture. Every
bathroom, kitchen, and laundry room shall contain at least one (1) electric duplex
convenience outlet;
e) Every public hall and stairway in every multiple family dwelling shall be lighted by natural or
electric light at all times. Every public hall and stairway in structures containing not more
than two (2) dwelling units may be supplied with conveniently located light switches
controlling a lighting system which may be turned on when needed, instead of full time
lighting. Effective illumination in all public halls and stairways shall be a minimum of one (1)
foot candle power at the floor level.
f) A convenience switch for turning on a light in each dwelling unit shall be located near the
point of entrance to each unit.
g) If it is determined by the Compliance Official and/or the Electrical Inspector that the existing
service is overloaded or in a state of disrepair, it shall be replaced by a not less than a one
hundred (100) amp. service.
Subd. 4. Thermal Standards. All dwellings and dwelling units shall have heating
facilities which are properly installed and which are maintained in safe and good working order.
Heating shall be supplied to all habitable rooms, bathrooms and flush water closet compartments
within each dwelling unit and common space. Gas or electric appliances designed primarily for
cooking or water heating purposes shall not be considered as heating facilities within the meaning of
this Section. Unvented appliances and portable heating equipment including, but not limited to,
electric, catalytic, equipment employing a fire in the use of liquid or gas fuel shall not be considered
as heating facilities.
(Ref. Ord. No. 855, 11/26/91)
Amended 11/26/91
!i502.090
PUBLIC HEALTH, WELFARE AND SANITATION
65
!i502.090
Subd. 5. Doors and Door Locks. All dwellings or dwelling units shall be equipped
with safe, functioning locking devices on exterior doors. Dwellings shall be furnished with door locks
as follows:
a) For the purpose of providing safety, on all new multiple family dwelling construction, an
approved security system shall be maintained for each multiple family building to control ac-
cess. The security system shall consist of a locked building entrance or foyer doors. Dead
bolt latch type door locks shall be provided with lever latches or door knobs on the inside of
building entrance doors and with key cylinders on the outside of building entrance doors.
Building entrance door latches shall be of a type that are permanently locked from the
outside and permanently unlocked from the inside.
b) All existing multiple family dwellings which contain security systems must retain said system
unless it is replaced with an upgraded system. The operation of these security systems shall
be maintained for use.
c) Every door that is designed to provide egress for a dwelling unit within a multiple family
building shall be equipped with an approved lock that has a dead locking bolt that can not be
retracted by any pressure. An approved latch and dead bolt shall be provided that shall be
openable from the inside without the use of a key or special knowledge or effort. Said door
shall also contain a peep hole for security purposes.
d) Entry doors for single family and two family residences shall not contain double keyed dead
bolt locks.
Subd. 6. Storm and Screen Doors and Windows. All exterior doors and windows
of dwellings or dwelling units shall be equipped with screens, storm doors and storm windows. The
owner of the dwelling or dwelling unit shall be responsible for providing and hanging all screens and
storm doors and storm windows whenever the same are required under the provisions of this ordi-
nance, except where there is written agreement otherwise between the owner and occupant.
Subd. 7. Minimum Standards For Light and Ventilation. No person shall occupy as
owner, occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of
living therein, which does not comply with the following requirements:
a) Habitable Room. Except where there is supplied some other device affording adequate
ventilation and approved by the Compliance Official, every habitable room shall have at least
one window facing directly outdoors which can be opened easily. The minimum total of
open able window area in every habitable room shall be the greater of ten (10) percent of the
floor area of the room or ten square feet. One half of the required window area shall be
openable.
b) Uninhabitable Room. Every bathroom and flush water closet shall contain a minimum of one
and one half (1/2) square feet of openable windows or a mechanical ventilation system pro-
viding five (5) air changes per hour.
(Ref. Ord. No. 855, 11/26/91)
!i502.090
PUBLIC HEALTH, WELFARE AND SANITATION
Amended 11/26/91
!i502. 1 00
Subd. 8. Dwelling Unit Access and Identification. Access to or egress from each
dwelling unit shall be provided without passing through any other dwelling unit. A safe and unob-
66
structed means of egress shall be provided from each dwelling unit directly to the exterior or to a
corridor leading directly to the exterior. Individual unit entries need to be clearly marked with a
unit or identification number. The numbers shall not be less than four (4) inches in height and must
be of a contrasting color to the base on which they are placed. (Ref. Ord. 994, 9/11/02)
Subd. 9. Dwelling Identification. All dwellings shall have proper house and building
numbers attached per Section 803 of the City Code.
Subd. 10. Fire Prevention. City ordinances and laws and regulations of the State of
Minnesota, including the Uniform Fire Code, are applicable to all dwelling and dwelling units covered
by this ordinance.
!i502.100 MAINTENANCE OF PROPERTY. The following minimum maintenance standards are
applicable to all dwelling units within the City:
Subd. 1. Sanitary Maintenance. Every occupant of a dwelling or dwelling unit
shall keep all supplied fixtures and facilities therein in a clean and sanitary condition and shall be
responsible for the exercise of reasonable care in the proper use and operation thereof.
Subd. 2. Maintenance of Shared or Public Areas. Every owner of a dwelling
containing two or more dwelling units shall maintain in a clean and sanitary condition the shared or
public areas of the dwelling and premises thereof.
Subd. 3. Maintenance of Occupied Areas. Every occupant of a dwelling unit shall
maintain in a clean, sanitary and safe condition that part or those parts of the dwelling or dwelling
unit and premises thereof that he or she occupies and controls.
Subd. 4. Storage and Disposal of Refuse. Every occupant of a dwelling unit shall
store and dispose of all refuse in a clean, sanitary and safe manner.
Subd. 5. Storage and Disposal of Garbage and Rubbish. Every owner of a
multiple family dwelling shall supply facilities for the sanitary and safe storage and/or disposal of
rubbish and garbage. All garbage or refuse containers exceeding seventy-five (75) gallons in size and
located on property used for multiple family residential purposes shall be contained within a building
or within an area which has a impermeable floor surface and is screened within a 90% or greater
opaque wooden or metal fence or masonry wall not less than six (6) feet in height having a gate or
doorway which remains closed except for access purposes.
In the case of one-family or two-family dwellings, it shall be the responsibility of the
occupant to furnish such facilities.
Subd. 6. Rodent Harborage in Occupied Areas. No occupant of a dwelling unit
shall accumulate boxes, lumber, scrap metal, or any other similar materials in such a manner that
may provide a rodent harborage in or about any dwelling unit.
(Ref. Ord. No. 855, 11/26/91)
Amended 11/26/91
67
!iS02.100
PUBLIC HEALTH, WELFARE AND SANITATION
!iS02. 1 00
Subd.7. Rodent Harborage in Public Areas. No owner of a dwelling containing
two or more dwelling units shall accumulate or permit the accumulation of boxes, lumber, scrap
metal or any other similar materials in such a manner that may provide a rodent harborage in or
about shared or public areas of a dwelling or its premises.
Subd. 8. Prevention of Food For Rodents. No owner or occupant of a dwelling or
dwelling unit shall store, place, or allow to accumulate any materials that may serve as food for ro-
dents in a site accessible to rodents.
Subd.9. Pest Extermination. Every occupant of a dwelling unit in a dwelling or
every occupant of a rooming unit in a rooming house containing more than one (1) unit shall be
responsible for such extermination whenever his dwelling unit is the only one infested. Whenever
infestation is caused by the failure of the owner to maintain a dwelling or rooming house in a
reasonable rodent proof or reasonable vermin proof condition, extermination
shall be the responsibility of the owner. Whenever infestation exists in two (2) or
more of the dwelling units or rooming units, or in the shared or public parts of any dwelling or
rooming house, extermination thereof shall be the responsibility of the owner. Whenever
extermination is the responsibility of the owner, the extermination must be performed by a licensed
pest control contractor.
Subd. 10. Heating Capability. In every dwelling unit when the control of the supplied
heat is the responsibility of a person other than the occupant, a temperature of at least sixty-eight
(68) degrees Fahrenheit, or such lesser temperature required by law, shall be maintained at a
distance of three (3) feet aboye the floor and three (3) feet from exterior walls in all habitable
rooms, bathrooms, and flush water closet compartments. Heat shall be provided from September 1
through May 31 or from the time that the average daily temperature falls below sixty-eight (68)
degrees Fahrenheit to such time that the average daily exterior temperature exceeds sixty-eight (68)
degrees Fahrenheit or whichever is more restrictive.
Subd. 11. Windows, Doors and Screens. Every window, screen, exterior door and
other exterior openings shall be substantially tight and shall be in sound condition and repair. Every
window, other than a fixed window or a storm window, shall be capable of opening without any
special knowledge or effort. Those windows located within six (6) feet of the adjacent grade shall
contain a latching mechanism for security. Every window, door and frame shall be constructed and
maintained in such relation to the adjacent wall construction as to completely exclude rain, wind,
vermin, and rodents entering the building. Every openable window or other devices required for
ventilation, shall be supplied with 16-mesh screens during the insect season. The mesh screen, if
reinstalled on an annual basis, should be installed by May 1.
Subd. 12. Floors, Interior Walls and Ceilings. Every floor, interior wall and ceiling
shall be protected against the passage and harborage of vermin and rodents, and shall be kept in
sound condition and good repair. Every floor shall be free of loose, warped, protruded or rotted
flooring materials. Every interior wall and ceiling shall be free of holes and cracks or loose plaster
and shall be maintained in a tight, weatherproof condition. Toxic paint and materials with a lasting
toxic effect shall not be allowed. Every toilet room and bathroom floor surface shall be covered
with a smooth non-absorbent material that is easily maintained in a clean and sanitary condition.
(Ref. Ord. No. 8SS, 11/26/91)
!iS02.100 PUBLIC HEALTH, WELFARE AND SANITATION
Amended 11/26/91
!iS02.100
Subd. 13. Basement Floors. Interior floors or basements, cellars, and other areas in
68
contact with the soil, shall be paved with concrete or other impervious material approved by the
Compliance Official.
Subd. 14. Foundations, Exterior Walls and Roofs. The foundation, exterior walls and
exterior roof shall be kept in sound condition and repair to protect against the entrance of water,
vermin, rodents, and other exterior elements. The foundation shall support the building at all
points. Every exterior wall shall be free of deterioration, holes, breaks, loose or rotting boards or
timbers, and any other condition which might admit rain or dampness to the interior portion of the
walls or to the exterior spaces of the dwelling. The roof shall be tight with no defects which admits
rain. Roof drainage shall be adequate to prevent rain water from causing dampness in the walls. All
exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and
decay by paint or other protective covering or treatment. If twenty-five (25) percent or more of the
exterior surface is unpainted or determined by the Compliance Official to be paint blistered, peeling,
or in a state of disrepair, the entire surface shall be painted. If twenty-five (25) percent or more of
the exterior surface of the pointing of any brick or block or stone wall is loose or has fallen out or is
deteriorated, the entire surface shall be repaired.
Subd. 15. Stairwavs, Porches and Balconies. Every stairway, inside or outside of a
dwelling and every porch or balcony, shall be kept in a safe condition and sound repair. Every stair-
way, step, stoop, porch and balcony shall be free of deterioration and/or loose or rotting supports.
Stairways more than three (3) risers and serving individual dwelling units and all other stairs of 2 or
more risers shall have handrails located 30 to 38 inches measured vertically from the nose of the
stair tread to the top of the handrail. Stairs requiring a forty-four (44) inch width must have
handrails on both sides. Every porch and/or balcony, which is thirty (30) inches or more above
adjacent grade or more than 3 risers high, shall have a guardrail thirty-six (36) inches above the
floor. All handrails, balustrades and guardrail shall be firmly fastened and maintained in good
condition. No stairway, porch, or balcony shall settle out of its intended position or pull away from
the supporting or adjacent structures. With exception of spiral or winding stairways, the treads and
risers of every flight of stairs shall be uniform in depth and height. All stairways shall be capable of
supporting a live load of one hundred (100) pounds per square foot.
Subd. 16. Exterior Lighting. The owner of a multiple family dwelling or dwellings
shall be responsible for providing and maintaining illumination in all exterior parking lots, stairways
and walkways consistent with Section 1302.030 Subd. 9 of the City code. At all exterior entryway,
lighting shall be provided which provides a minimum of .5 foot candles measured at a distance of five
(5) feet from the entry door.
Subd. 17. Removal of Snow and Ice. The owner of a multiple family dwelling or
dwellings shall be responsible for the removal of snow and ice from parking lots, driveways, steps
and walkways on the premises. Individual snowfalls of three (3) inches or more, or successive
snowfalls accumulating to a depth of three (3) inches or more, shall be removed from parking lots
and driveways within twenty-four (24) hours after cessation of the snowfall. Individual snowfalls of
one (1) inch or more, or successive snowfalls accumulating to a depth of one (1) inch or more, shall
be removed from steps and walkways within eight (8) hours after cessation of the snowfall.
(Ref. Ord No. 855, 11/26/91)
!i502.100
PUBLIC HEALTH, WELFARE AND SANITATION
Amended 11/26/91
!i502. 1 00
Subd. 18. Driving and Parking Areas. The owner of a multiple family dwelling or
dwellings shall be responsible for providing and maintaining in good condition paved and delineated
parking areas and driveways for tenants consistent with Section 1302.050 of the City code. All
multiple family dwellings of eight (8) dwelling units or more shall provide stop signs at all driveway
exits leading to the public right of way.
69
Subd. 19. Fence Maintenance. Every fence shall be constructed in a substantial,
workman like manner and of substantial material reasonably suited for the purpose for which the
fence is proposed to be used. Every fence shall be maintained in a condition of reasonable repair
and shall not by reason of age, decay accident or otherwise allowed to become and remain in a
stated of disrepair so as to be or tend to be which is dangerous by reason of its construction or state
of disrepair or is otherwise injurious to the public health safety and welfare is a nuisance; and any
such fence which has become or tends to be a nuisance shall upon order of a competent court be
repaired or removed as necessary to abate the nuisance caused.
Subd. 20. Accessorv Structure Maintenance. It shall be the responsibility of the
property owner to ensure that:
a) Every exterior wall, foundation and roof of any accessory building or structure shall be
reasonably watertight, weathertight and rodent proof and shall be kept in a good state of
maintenance and repair. Exterior walls shall be maintained free from extensive dilapidation
due to cracks, tears or breaks of deteriorated plaster, stucco, brick, wood or other material.
b) All exterior wood surfaces other than decay resistant woods, shall be protected from the
elements of decay by painting or other protective covering treatment. A protective surface
of an accessory building or structure shall be deemed to be out of repair if more than twenty
five (25) percent of the exterior surface area is unpainted or paint blistered. The surface
shall then be repainted. If twenty-five (25) percent or more of the exterior surface of the
pointing of any brick, block or stone wall is loose or has fallen out, the surface shall then be
repaired.
Subd. 21. Grading and Drainage. Every yard, court, passageway or other portions of
the premises on which a dwelling is erected, shall be graded and drained consistent with Section
1302.030, Subd. 5 of the City code.
Subd. 22. Yard Cover. Every yard of a premises on which a dwelling is erected shall
be provided with lawn or combined ground cover of vegetation, garden, hedges, shrubbery and/or
related decorative materials consistent with Section 1302.030, Subd. 7 of the City Code.
(Ref. Ord. No. 855, 11/26/91)
Amended 11/26/91
70
9502.110
PUBLIC HEALTH, WELFARE AND SANITATION
9502.160
9502.110 DISCONTINUANCE OF SERVICE OR FACILITIES. Except as authorized by the laws and
regulations of the State of Minnesota, 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 such temporary
interruptions as may be necessary while actual repairs or alterations are in process.
9502.120 ENFORCEMENT AND INSPECTION AUTHORITY. The City Manager shall designate the
Compliance Official who shall administer and enforce the provisions of this ordinance and is hereby
authorized to cause inspections on a scheduled basis for rental units, or otherwise when reason exists
to believe that a violation of this ordinance has been or is being committed. Inspections shall be
conducted during reasonable daylight hours, except in the case of an emergency or when a night
time inspection is required, and the Compliance Official shall present evidence of official capacity to
the occupant in charge of a respective dwelling or dwelling unit.
9502.130 INSPECTION ACCESS. Any owner, occupant or other person in charge of a dwelling unit
may refuse to permit free access and entry to the structure or premises under his control for inspec-
tion pursuant to this ordinance, whereupon the Compliance Official may seek a court order or
warrant authorizing such inspection.
9502.140
UNFIT FOR HUMAN HABITATION.
1) Any dwelling or dwelling unit which is damaged, decayed, dilapidated, unsanitary,
unsafe, vermin or rodent infested, or which lacks provision for basic illumination, ven-
tilation or sanitary facilities to the extent that the defects create a hazard to the
health, safety or welfare of the occupants or of the public, may be declared unfit for
human habitation by the Compliance Official. Whenever any dwelling or dwelling unit
has been declared unfit for human habitation, the Compliance Official shall order
same vacated within a prescribed time and shall post a placard on same indicating
that it is unfit for human habitation, and any operating license previously issued for
such dwelling shall be revoked.
2) It shall be unlawful for such dwelling or dwelling unit to be used for human habitation
until the defective conditions have been corrected and written approval has been
issued by the Compliance Official. It shall be unlawful for any person to deface or
remove the declaration placard from any such dwelling or dwelling unit.
9502.150 SECURE UNFIT AND VACATED DWELLINGS. The owner of any dwelling or dwelling unit
which has been declared unfit for human habitation, or which is otherwise vacant, shall make the
same 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 vacant dwelling which is unsecured at the doors, windows
and other exterior openings 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 ordinance.
9502.160 HAZARDOUS BUILDING DECLARATION. In the event that a dwelling has been declared
unfit for human habitation and the owner has not remedied the defects within a prescribed time, the
dwelling may be declared a hazardous building and treated consistent with the provisions of
Minnesota Statutes.
(Ref. Ord. No. 855, 11/26/91)
Amended 11/26/91
71
~502. 170
PU8L1C HEALTH, WELFARE AND SANITATION
~502. 190
~S02.170 COMPLIANCE ORDER. Whenever the Compliance Official determines that any dwelling
or dwelling unit, or the premises surrounding any of these, fails to meet the provisions of this ordi-
nance, the Compliance Official may issue a compliance order setting forth the violations of the
ordinance and ordering the owner, occupant, operator or agent to correct such violations. This
compliance order shall:
1) Be in writing.
2) Describe the location and nature of the violations of this ordinance.
3) Establish a prescribed time for the correction of such violation and notify of appeal
recourse.
4) Be served upon the owner or his agent or the occupant, as the case may require. Such
notice shall be deemed to be properly served upon such owner or agent, or upon any
such occupant, if a copy thereof is
a) Served personally, or
b) Sent by registered mail to the last known address, or
c) Upon failure to effect notice through (a) and (b) above by posting at a
conspicuous place in or about the dwelling which is affected by the notice.
~S02.180 RIGHT OF APPEAL. When it is alleged by any person to whom a compliance order is
directed that such compliance order is based upon erroneous interpretation of this ordinance, such
person may appeal the compliance order to City Manager within five (5) days after service of the
compliance order. Such appeals must be in writing specifying the grounds of appeal. The City
Manager shall review said request and either approve or deny the appeal. If the appeal is denied by
the City Manager, the applicant may appeal the decision to the City Council sitting as a Board of Ap-
peals. Such appeals must be in writing, must specify the grounds for appeal, must be accompanied
by a filing fee of Sixty ($60.00) dollars in cash or cashier's check, and must be filed with the
Community Development Department within five (5) days after service of the City Manager's ruling.
The filing of an appeal shall stay all proceedings in furtherance of the action appealed from, unless
such a stay would cause imminent peril to life, health, or property.
~S02.190 BOARD OF APPEALS DECISION. Upon at least five (S) business days a written notice
will be sent to the appellant of the time and place for hearing the appeal and within thirty (30) days
after said appeal is filed, the City Council shall hold a hearing thereon, taking into consideration any
advice and recommendation from the Compliance Official and the City Manager. The City Council
may reverse, modify, or affirm, in whole or in part, the compliance order and the City Manager's
ruling. The Council may order return of all or part of the filing fee if the appeal is upheld.
(Ref. Ord. No. 85S, 11126/91)
Amended 11/26/91
72
!i502.200
PUBLIC HEALTH, WELFARE AND SANITATION
!i502.220
!i502.200 RESTRICTIONS ON TRANSFER OR OWNERSHIP. It shall be unlawful for the owner of any
dwelling or dwelling unit, upon whom a pending compliance order has been served, to sell, transfer,
mortgage, lease or otherwise dispose thereof to another person until the provisions of the
compliance order has been complied with, unless such owner shall furnish to the grantee, lessee, or
mortgagee a true copy of any compliance order and shall obtain and possess a receipt of
acknowledgement. Anyone securing an interest in the dwelling or dwelling unit who has received
notice of a compliance order shall be bound by same without further service of notice upon him and
shall be liable to all penalties and procedures provided by this ordinance.
!i502.210 PENALTIES. Any person who fails to comply with a compliance order after right of
appeal has expired, and any person who fails to comply with a modified compliance order within the
time set therein, is guilty of a misdemeanor. Upon conviction thereof, such person may be punished
by a fine not to exceed Seven Hundred ($700.00) dollars or by imprisonment not to exceed ninety
(90) days, or both.
!i502.220 ALTERNATIVE SANCTIONS. Notwithstanding the availability of the foregoing
compliance procedures and the penalties, whenever the Compliance Official determines that any
dwelling or dwelling unit or the premises surrounding any of these fails to meet the requirements set
forth in this ordinance, the Compliance Official may issue a citation, summoning the responsible
person into court or request the issuance of a criminal complaint and arrest warrant.
(Ref. Ord. No. 855, 11/26/91)
Amended 11/26/91
73
Noa.+H
5Aih1--
fa.lA.1
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North Saint Paul, MN Code of Ordinances
IIILE~XV:LAND lISAGE
CHAPTER 155: BVILDING CERTIFICATE OF OCCUPANCY
CHAPTER 155: BUILDING CERTIFICATE
OF OCCUPANCY
Section
155.01 Certificate of Occupancy-renewal inspection
155.02 Certificate of Occupancy
155.03 Number of dwelling units to be inspected
15.5.,~04 Heating facilities for residential and occupiable work spaces
155.05 License transfer
155.06 Written application requirements
155.07 Appeal to code hearing officer
155.99 Penalty
~ 155.01 CERTIFICATE OF OCCUPANCY-RENEWAL INSPECTION.
(A) Use or occupancy. No building or structure shall be used in Group A (Assembly), B
(Business), M (Mercantile), E (Education), F (Factory), I (Institutional), H (Hazardous), R-2
(Multifamily Residential), S (Storage), nuisance dwellings, as defined in Ord. No.21.020. During the
periods required: if it is found that such buildings do not conform to the applicable requirements, the
certificate of occupancy may be revoked and the building shall not be occupied until such time as the
building is again brought into compliance with such requirements, or S (Storage) occupancies shall be
used or occupied, and no change in the existing occupancy classification of a building or structure or
portion thereof shall be made, until the Fire Chief or hislher designee has issued a certificate of
occupancy therefore as provided herein, except for dwelling units occupied by an owner. The
word "owner" means a natural person, and does not include a corporation, partnership or other entity.
(B) Change in use. Changes in the character or use of a building shall not be made without the
approval of the building official and the Fire Chief or his/her designee, and the building may be
occupied for purposes in other groups provided the new or proposed use is less hazardous, based on life
and fire risk, than the existing use.
(C) Certificaie issued. After final inspection by the building official, when it is found that the
building or structure complies with the provisions of this Code, the Fire Chief or his/her designee shall
issue a certificate of occupancy.
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(D) Existing buildings. Every building except one- and two-family dwellings shall be inspected by
the division and found to conform to the requirements of the building code at the time of construction;
or at the time of conversion to its present use and to the provisions of the North Saint Paul Municipal
Code, before such a certificate can be issued; except that energy efficient standards in rental dwellings
and multiple dwellings shall be enforced on complaint basis only. No building which is required to have
a certificate of occupancy shall continue to be occupied without such certificate.
(E) Renewal required. An inspection shall be scheduled by the division of all buildings of Group
A (Assembly), E (Education), 1 (Institutional), H (Hazardous), and B (Business), M (Mercantile), S
(Storage), F (Factory), and R (Residential) occupancies which have a certificate of occupancy.
Inspections shall be scheduled by the division on a two-year cycle for all buildings ofR-2 occupancy
which have a certificate oj' occupancy. Inspections shall be scheduled on a one-year cycle, for all
nuisance dwellings, as defined in, and during the periods required. If it is found that such buildings do
not conform to the applicable requirements, the certificate of occupancy may be revoked and the
building shall not be occupied until such time as the building is again brought into compliance with such
requirements.
(I) Reserved.
(2) Nonresidential renewal schedule. The Fire Chief or hislher designee shall establish written
guidelines for the renewal of nonresidential occupancies based on the hazard of the occupancy.
(a) The Fire Chief or hislher designee shall provide an annual written report of
nonresidential inspections that includes group, property address, and inspection schedule to the City
Council.
(b) Revocations or condemnations. Where the certificate of occupancy has been revoked, or
the building has been condemned, once the certificate of occupancy is restored it shall be scheduled for
renewal in one year.
(F) Fees/or Cerlificate of Occupancy.
(I) Original issue. new buildings. There shall be no fee charged for an issuance of the
certificate of occupancy for new buildings at the completion of their construction covered by a building
permit.
(2) Renewal/eefor R-2 occupancies. Renewal fee for R-2 occupancies shall be determined by
current fee schedule. The fee charged for inspections of nuisance dwellings as shall be in an amount as
established by the Fire Chief or his/her designee to recover the costs of the inspections.
(3) RenewaljeejiJl' A (Assembl)), E (Education), 1 (Institutional), H (Hazardous), F (FactOlY),
11'1 (Mercantile), S (Slorage! and B (Business) occupancies. Renewal fees for above shall be determined
by current fee schedule.
(4) Reinspeclionjee. The renewal fee established in subsections (2) and (3) above allows for
one inspection and one reinspection for the renewal of the certificate of occupancy. A reinspection fee of
50% of the renewal fee shall be levied for each additional reinspection required of nonconforming
occupancIes.
(5) Referral reinspectionfee. Whenever a written correction order is issued to the owner or
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responsible agent of the owner for a violation of this code and after a reasonable time for compliance has
elapsed, a reinspection shall be made. If the violation has not been corrected at the time of the
reinspection, a referral reinspection fee as determined by current fee schedule shall be collected for
every subsequent reinspection until the violation is corrected.
(6) Partial cerlijicale of occupancy fee. Notwithstanding subsection (1) of this division (F), a
fee as determined by current fee schedule will be charged for each partial cettificate of occupancy
requested. The issuance of a partial certificate of occupancy is at the discretion of the building official
and the portion of the building covered by the certificate must be legally completed and ready to occupy
along with all other life and safety requirements.
(7) No enllyfee. A no entry fee as determined by ctment fee schedule shall be assessed to the
renewal fee and collected whenever an owner or responsible agent of the owner has been notified in
writing of the date and time for a certificate of occupancy renewal inspection, or any other reinspection,
and the owner or responsible agent of the owner fails to notify the Fire Chief s or his/her designees
office in writing, by at least 8:00 a.m. on the date of the scheduled inspection, ofan alternate date and
time for the inspection or reinspection when the owner or responsible agent of the owner will appear for
the inspection.
(8) Discounledjee. Whenever a certificate of occupancy renewal inspection finds no violations
of any applicable code, the rcnewal fees set forth in subsections (2) and (3) of this division shall be
discounted 25%.
(9) Latefees. A late fee shall be charged and collected whenever the owner or responsible agent
for the owner makes application for certificate renewal after the expiration date of such certificate.
Separate late fees shall also be charged and collected whenever the owner or responsible agent for the
owner pays late any other fees due and payable under this section. All late fees shall be 10% of the
certificate renewal fee. A late fee shall accrue for each 30-day period or portion thereof which has
elapsed after the expiration date of the certificate or the date of inspection on which the underlying fee is
based. In no event shall anyone late fee exceed 50% ofthe cettificate renewal fee. The late fee(s) shall
be in addition to any other fee or payment required.
(Ord. 642, passed 8-19-2003)
~ 155.02 CERTIFICATE OF OCCUPANCY.
(A) Use and OCCUPW1C)'. No building or structure shall be used or occupied, and no change in the
existing occupancy classification of a building or structure or portion thereof shall be made until the
Fire Chief or his/her designee has issued a certificate of occupancy therefor as provided herein.
EXCEPTION: Group R, Division 3 and Group U Occupancies. Issuance of a certificate of occupancy
shall not be construed as an approval of a violation of the provisions of this code or of other ordinances
of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this
code or other ordinances of the jurisdiction shall not be valid.
(B) Change in use. Changes in the character or use ofa building shall not be made without the
approval of the Building Official and the Fire Chief or his/her designee.
(C) Certijicale issued. After the Fire Chief or his/her designee inspects the building or structure
and finds no violations of the provisions of this code or other laws that are enforced by the code
enforcement agency. the Fire Chief or his/her designee shall issue a certificate of occupancy that shall
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contain the following:
(I) The building pcrmit number.
(2) The address of the building.
(3) The name and address of the owner.
(4) A description of that portion of the building for which the certificate is issued.
(5) A statement that the described portion of the building has been inspected for compliance
with
the requirements of this code for the group and division of occupancy and the use for which the
proposed occupancy is classified.
(6) The name of the building official.
(D) TempOrCII)1 certificate. If the building official finds that no substantial hazard will result from
occupancy of any building or portion thereof before the same is completed, a temporary certificate of
occupancy may be issucd for the use of a portion or portions of a building or structure prior to the
completion of the entire bui lding or structure.
(E) Posting. The certi tkate of occupancy shall be posted in a conspicuous place on the premises
and shall not be removed except by the Fire Chief or hislher designee.
(F) Revocation. The Fire Chief or hislher designee may, in writing, suspend or revoke a certificate
of occupancy issued under the provisions of this code whenever the certificate was issued in enol', or on
the basis of incorrect information supplied, or when it is determined by the Fire Chief or his/her
designee that a use of the building or structure or portion thereof may constitute a nuisance as described
in M.S. S 617.81, subdivision (2), as it may be amended from time to time, or is in violation of any
ordinance or regulation or any of the provisions of this code.
(Ord. 642, passed 8-19-2003)
~ 155.03 NUMBER OF DWELLING UNITS TO BE INSPECTED.
The number of dwelling units to be inspected within a building shall be determined by the Code
Enforcement Officer or based on the following:
Number of UllitS
withill a bllildillg
3-5
6-30
Units to be inspected
per building
All
5 units or 25% of the
units, whichever is
greater
31-60
61+
5% of the units
15 units
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(Ord. 655, passed 11-1-2005)
~ 155.04 HEATING FACILITIES FOR RESIDENTIAL AND OCCUPIABLE WORK
SPACES.
Every residential structure shall have heating facilities that are properly installed, safely maintained
and in good working condition, and capable of safely and adequately heating all habitable rooms,
bathrooms and toilet rooms located therein to a temperature of at least 680 Fahren11eit with an outside
temperature of _200 Fahrenheit. The owner shall maintain a minimum room temperature of 68 0
Fahren11eit at five feet from the 1100r. Every occupiable work space must be capable of maintaining a
temperature of not less than 650 Fahrenheit when spaces are occupied. Installation, repair or alteration
of heating facilities, space heaters and water heating facilities must be in accordance with the State
Mechanical Code. The enforcement officer may require the property owner to provide current proof of
service of any heating or space heating facility by a licensed contractor, this proof of service must
include all items as listed on the "Existing Fuel Burning Equipment Safety Test Report" form provided
by the city. The service report must be submitted to the city within five days of service. In the event a
heating unit is found to be unsafe for operation, the unit shall be "Red Tagged" and placed out of service
until repairs or replacement of the unit can be made. The service provider must notify the city
immediately after placing a unit out of service.
(Ord. 655, passed 11-1-2005)
~ 155.05 LICENSE TRANSFER.
In the event of an ownership change a "License Transfer Form" supplied by the city must be
completed and submitted along with the appropriate fee, listed in the CUlTent fee schedule, within 14
days of the ownership change.
(Ord. 655, passed 11-1-2005)
~ 155.06 WRITTEN APPLICATION REQUIREMENTS.
(A) Wrillen applicaliol1. The owner of a building in which there is a rental dwelling unit(s), and
who wishes to continue to rent or allow residential occupancy of such unit(s) after October 1,2003, shall
make a written application to the director. on an approved form furnished by the same, for a certificate
of occupancy to allow the occupancy of the said rented dwelling unit(s). The director may require such
information as will permit effective enforcement of this chapter, including, but not limited to:
(I) A description of the premises;
(2) The name. address and telephone numbers of the owner(s) or agent; and
(3) The name. address and telephone number of the refuse removal person or company which
supplies refuse removal services for the building.
(B) [Reserved]
(C) IsslIance. The director shall issue a certificate to the owner of the building who has submitted
a complete application. paid the applicable fees and the building has been inspected and is in compliance
of all codes. A certificate shall authorize the continued occupancy of the building. A certificate is
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Page 60f6
subject to renewal every two years.
(D) Smoke delec/ors required. No certificate shall be issued unless the required smoke detectors
are in place and operable.
(Ord. 655, passed 11-1-2005)
~ 155.07 APPEAL TO CODE HEARING OFFICER.
When it is alleged by any person to whom a compliance order is directed that such compliance order
is based upon erroneous interpretation of this code, such person may appeal the compliance order to the
hearing officer. Such appeals must be in writing, must specify the grounds for appeal, must be
accompanied by a filing fee of $15 in cash or cashier's check, and must be filed with the City Manager
within five business days after service of the compliance order. The filing of the appeal shall stay all
proceedings in furtherance of the action appealed from, unless such a stay would cause imminent peril to
life, health or property. Upon at least five business day's notice to the appellant of the time and place
for hearing the appeaL and within 30 days after filing said appeal, the hearing officer shall hold a
hearing thereon. The hearing officer may reverse, modify or affirm in whole or in part the compliance
order.
(Ord. 655, passed 11-1-2005)
~ 155.99 PENAL TV.
Notwithstanding the lack of a specific reference thereto, a violation of, or failure to comply with any
section, provision or requirement in this chapter shall be a misdemeanor and shall be subject to the
provisions of applicable city code or state statutes. This chapter is a part of the city health, safety,
housing, building, fire prevention and housing maintenance codes, and a violation thereof shall be
deemed to be a violation for purposes of state statutes allowing escrow of rent to remedy violations.
(Ord. 655, passed 11-1-2005)
D.!S.GJClIm~r:
This Code of Ordinances analOI" any other documents tllat appear on Ulis site may not reflect the most current legislation adopted by the
Municipality. American Legal Publishing Corporation provides these documents for informational purposes only. These documents should not
be relied upon as the definitiv~~ <1UtilOilty iar local legislation. !\dclitionally, ttle formatting and pagination of the posted documents varies from
the formatting and pagination of tile official copy. The offleial printed copy of a Code of Ordinances should be consulted prior to any action
being taken.
For further information refj8fclir,'::; thi; <Jfii':.:ial version of any of lhis Code of Ordinances or other documents posted on this site, please contact
the Municipality directly or cont,d Al1\eric,,;tl Legal Publislling toll-free at 800-445.5588.
2007 American Legal Publlshing Corporation
Le_chsJ!RP-9.l1~?I.com
1.800.445.5588
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North Saint Paul, MN Code of Ordinances
JITL..E_XY:LAND. U SAG E
CHAPTER 156: PROPERTY MAINTENANCE
CHAPTER 156: PROPERTY MAINTENANCE
Section
156.01 Maintenance Code adopted
156.02 Sections revised
~ 156.01 MAINTENANCE CODE ADOPTED.
That a certain document. three copies of which are on file in the office of the City Clerk, being
marked and designated as the International Maintenance Code, 2003 edition, as published by the
International Code CounciL be and is hereby adopted as the Property Maintenance code of the city, in
the State of Minnesota for regulating and governing the conditions and maintenance of all property,
buildings and structures by providing the standal'ds for supplied utilities al1d facilities and other physical
things and conditions essential to ensure that structures are safe, sal1itary and fit for occupation and use;
and the condemnation of buildings and structures unfit for human occupancy and use, and the
demolition of such existing structures as herein provided; providing for the issuance of permits and
collection offees therefore: and each and all of the regulations, provisions, penalties, conditions and
terms of the Property ivlaintenance Code on file in the office of the city are hereby refelTed to, adopted,
and made a Pal-t hereof. as if fully set out in this chapter, with the additions, insertions, deletions and
changes, if any, prescribed in S 156.02.
(Ord. 650, passed 10-7-2003)
~ 156.02 SECTIONS REVISED.
The following sections are hereby revised:
(A) Section 101.1. Insert: City of North Saint PauL
(B) Section 103.5. Insert: See City fee schedule.
(C) Section 302.4. Insert: Six Inches In Height.
(D) Section 304.14. Insert: April 1 - Oct. 31.
(E) Section 602.3. Insert: Sept. 1 - May 31.
(F) Section 602.4. Insert: Sept. 1 - May 31.
(Ord. 650, passed 10-7-2003)
Qis;.claim.er::
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This Code of Ordinances and lor allY other documents Blat appear on tllis site may not reflect the most current legislation adopted by the
Municipality. American Legal Publishing Corporation provides t!lese documents for informational purposes only. These documents should not
be relied upon as the definitive: ",utilority for local legislation. Additionally. the formatting and pagination of the posted documents varies from
the formatting and pagination ":\j the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any acllon
being taken.
For further information regard:: \: ,tle official version of any oi tllis Code of Ordinances or other documents posted on this site, please contact
the Municipality directly or CCH"jt~j 't /~Inerican Legal Publishing ioll-free at 800-445-5588.
({:; 2007 American Legal Publishing Corporation
le~r;::J1s_l,lRP_()J1@~m[~-9EI.cQEn
; .800.4455588.
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Page 1 of2
TIILE X'L:__LAN):'UJSAGE
North Saint Paul, MN Code of Ordinances
CHAPTER 156: PROPERTY MAINTENANCE
CHAPTER 156: PROPERTY MAINTENANCE
Section
156.01 Maintenance Code adopted
156.02 Sections revised
~ 156.01 MAINTENANCE CODE ADOPTED.
That a certain document, three copies of which are on file in the office of the City Clerk, being
marked and designated as the International Maintenance Code, 2003 edition, as published by the
International Code Council. be and is hereby adopted as the Property Maintenance code of the city, in
the State of Minnesota for regulating and governing the conditions and maintenance of all property,
buildings and structures by providing the standards for supplied utilities and facilities and other physical
things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use;
and the condemnation of buildings and structures unfit for human occupancy and use, and the
demolition of such existing structures as herein provided; providing for the issuance of permits and
collection offees therefore: and each and all of the regulations, provisions, penalties, conditions and
terms of the Property Maintenance Code on file in the office of the city are hereby refelTed to, adopted,
and made a part hereof. as if fully set out in this chapter, with the additions, insertions, deletions and
changes, ifany, prescribed in S 156.02.
(Ord. 650, passed 10-7-2003)
~ 156.02 SECTIONS REVISED.
The following sections are hereby revised:
(A) Section 101.1. Insert: City of North Saint Paul.
(B) Section 103.5. Insert: See City fee schedule.
(C) Section 302.4. Insert: Six Inches In Height.
(D) Section 304.14. Insert: April 1 - Oct. 31.
(E) Section 602.3. Insert: Sept. 1 - May 31.
(F) Section 602.4. Insert: Sept. 1 - May 31.
(Ord. 650, passed 10-7-2003)
D,isclaime:r:
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This Code of Ordinances and/or "iny other documents that appear on this site may not reflect the most current legislation adopted by the
Munidpality. American Legal Pul1lishmg Corporation provides these documents ior informational purposes only. These documents should not
be relied upon as the definitive 8UnlGrity for local legislation. Additionally, the formatting and pagination of the posted documents varies from
the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulled prior to any action
being taken.
For further information reaarclinCl ,he official version of any of this Code of Ordinances or other documents posted on this site, please contact
the Municipality directly 0; COfl(;~::t /'. "erican Legal Publishing toll-free at 800-445-5588.
:ZOD7 American Legal Publishing Corporation
tE!"c:!1!39RRort@~,mlr;ILqU:_Qm.
1,800.445.5588.
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North Saint Paul, MN Code of Ordinances
JJILEXV:LAND OSAGE
CHAPTER 156: PRQpElny MAINTENANCE
CHAPTER 156: PROPERTY MAINTENANCE
Section
156.01 Maintenance Code adopted
156.02 Sections revised
S 156.01 MAINTENANCE CODE ADOPTED.
That a certain document three copies of which are on file in the office of the City Clerk, being
marked and designated as the International Maintenance Code, 2003 edition, as published by the
International Code Council, be and is hereby adopted as the Property Maintenance code of the city, in
the State of Minnesota for regulating and governing the conditions and maintenance of all property,
buildings and structures by providing the standards for supplied utilities and facilities and other physical
things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use;
and the condemnation of buildings and structures unfit for human occupancy and use, and the
demolition of such existing structures as herein provided; providing for the issuance of permits and
collection offees thercfore: and each and all of the regulations, provisions, penalties, conditions and
terms of the Property IVlaintenance Code on file in the office of the city are hereby referred to, adopted,
and made a part hereof. as if fully set out in this chapter, with the additions, insertions, deletions and
changes, if any, prescribed in S 156.02.
(Ord. 650, passed 10-7-2003)
S 156.02 SECTIONS REVISED.
The following sections are hereby revised:
(A) Section 101.1. Insert: City of North Saint Paul,
(B) Section 103.5. Insert: See City fee schedule.
(C) Section 302.4. Insert: Six Inches In ]-leight.
(D) Section 304. [4. Insert: April I - Oct. 31.
(E) Section 602.3. Insert: Sept. 1 - May 31.
(F) Section 602.4. Insert: Sept. I - May 31.
(Ord. 650, passed 10-7-2003)
Pisc!a,imer:
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This Code of Ordinances and/of
Municipality. American Legal
be relied upon as the definitive
the formatting and pagination ,~;f ~i",'"
being taken.
olller documents that appear on this site may not reflect ihe most current legislation adopted by the
Corporation orol/ides Ulese documents for informational purposes only. These documents should not
for local iegj~:lallon, Additionally. tile formatting and pagination of the posted documents varies from
copy, Th0 official pnnted copy of a Code of Ordinances SllOUld be consulted prior to any action
For further information regarcJil1S"l ti';~~ ".1fficial version of any of lIlis Caele of Ordinances or Diller documents posted on this site. please contact
the Municipality directly or contact ,:\n:erican Legal Publishing ioll-iree at 800-445-5588
,el 2007 American Legal Publishing Corporaiion
t~chs_tjRRQrt@amleaa.Lt;:om
1.800.445.5588.
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North Saint Paul, MN Code of Ordinances
nILE XV: LAND US'\GE
CHAPTER ]57: DWEj,UNG UNIT REGISTRATION
CHAPTER 157: DWELLING UNIT
REGISTRATION
Section
157.0] Rental dwelling unit registration certificate-requirement
157.02 Definitions
157.03 Renta] dwelling unit registration certificate
lsLQ':i: Suspension. revocation and denial
157.05 Inspections
157.06 Regulations
157.07 Fees
157.08 Exemptions
1S7.Q2 Illegal occupancy
157.10 Appeal to Code Hearing Officer
] 57.11 Heating facilities for residential and occupiable work spaces
lTI.c22 Penalty
~ 157.01 RENTAL DWELLING UNIT REGISTRATION CERTIFICATE-
REQUIREMENT.
No rental dwelling unit in anyone or two family rental dwelling of Group R-3 occupancy shall be
used or occupied after October 1,2003. until the director has issued a rental dwelling unit registration
certificate under S 157.03. It shall be a misdemeanor to rent or lease, or permit the occupancy of, a rental
dwelling unit which does not have a rental dwelling unit registration certificate. Notwithstanding any
other provision of this chapter, such chapter does not apply to or cover any dwelling which is occupied
and used for the purposes of a homestead by its owner.
(Ord. 648, passed 8-19-2003)
~ 157.02 DEFINITIONS.
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Unless otherwise expressly stated, the following terms shalL for the purpose of this chapter, have the
meanings indicated in this section.
DIRECTOR. The Fire Chief, and his or her designee or designees, and shall include any
enforcement officer under his or her supervision or direction, or other duly authorized representative.
DWELLING. Any one- or two-family dwelling which is not owner-occupied and homesteaded, and
includes both the building or structure and the land upon which it is located, as well as accessory use
structures. The term "dwelling" also includes any multifamily residential building or structure which (i)
is not required to have a certificate of occupancy under Ordinance Number 03-642 of the city code.
FAlYJILY. One or two persons or parents, with their direct lineal descendants and adopted or legally
cared for children together with not more than two persons not so related, living together in the whole or
part of a dwelling comprising a single housekeeping unit.
OWNER. The person. lirm, corporation or other entity listed in the records on file in the recorder's
office as holding fee title to the dwelling, and includes the owner's authorized agent.
RECORDER'S OFFICE. The Ramsey County Department of Property Records and Taxation, or its
division which maintains ti tie and property records, and any successor agency or department thereof.
RENTAL DWELLING UNIT. Any room or rooms, or space, in any dwelling designed or used for
residential occupancy by one or more persons who are not the owner or a member of the owner's family.
RESIDENTIAL OCCUPANCJ~ Occupancy in a building or portion thereof, for residential
purposes,
used or intended to be used for living, sleeping, and cooking or eating purposes.
SAFETY CODE. Includes any lire, housing, health, safety or other similar code, law and ordinance,
promulgated or enacted by the United States. the State of Minnesota, the County of Ramsey and the City
of North Saint Paul. or any lawful agency or department thereof, which are applicable to a dwelling in
such city.
(Ord. 64S, passedS-19-2(03)
~ 157.03 RENTAL DWELLING UNIT REGISTRATION CERTIFICATE.
(A) Writ/en appliculion. On or before September 1,2003, the owner of each dwelling in which
there is a rental dwelling unit. and who wishes to continue to rent or allow residential occupancy of such
unit after October 1,2003, shallmakc a written application to the director, on an approved form
furnished by the same. for a rental dwelling unit registration certificate to allow the use or occupancy of
the rental dwelling unit. The director may require such information as will permit effective enforcement
of this chapter, including but not limited to:
(I) A description of the premises:
(2) The name. address and telephone numbers of the owner or owners; and
(3) The name. address and telephone number of the refuse removal person or company which
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supplies refuse removal services for the rental dwelling unit.
(B) Reserved.
(C) Issuance. The director shall issue a certificate to the owner of the rental dwelling unit who has
submitted a complete application and paid the applicable fees. A certificate shall authorize the continued
occupancy of the rental dwelling in existence on September 1,2004. A certificate is subject to renewal
every year. Such rental dwelling unit is subject to inspection under S 157.05, and to suspension,
revocation or denial as provided in S 157.04.
(D) Smoke deleclon required. No certificate shall be issued unless each such rental dwelling unit
has a proper, adequate and operable smoke detector.
(Ord. 648, passed 8-19-2(03)
S 157.04 SUSPENSiON, REVOCA nON AND DENIAL.
(A) Grounds/i)f' f'eFOcation. The dircctor may, in writing, suspend or revoke a rental dwelling unit
registration certificate or deny an application therefor:
(I) Whenever the certificate was issued in error or on the basis of incorrect information
supplied;
(2) When it is determined by the director that the use of the dwelling unit constitutes a nuisance
as described in rvI.s. S 617.0 I, subd. (2). as it may be amended from time to time, or is in violation of
any ordinance or regulation or any provision of the City of North Saint Paul Codes;
(3) When the owner has submitted a false, incomplete or inaccurate statement as part of the
application for a certificate:
(4) If the owner has failed or refused to pay fees to the city for inspections or certificates;
(5) If the owner has failed to pay fees due under ordinances relating to the excessive
consumption of policc andlor inspection services:
(6) If the owner or the owner's agent fail to admit the director for inspections authorized by this
chapter;
(7) If it is found. upon any inspection by the director. that any rental dwelling unit does not
conform to the requirements of applicablc safety codes:
(8) If the owner. in a material matter. fails to comply with the regulations in S 157.06; or
(9) If the building or structure containing a rental dwelling unit covered in this chapter becomes
or is a vacant.
(B) Renewal required upon revocalion. If a rental dwelling unit registration certificate is revoked,
the rental dwelling unit for which it was issued shall not again be used or occupied as a rental dwelling
unit or for residential occupancy until such time as the certificate is renewed following inspection and a
determination by the director that the said rental dwelling unit is in eompliance with applicable safety
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codes.
(Ord. 648, passed 8-19-2(03)
~ 157.05 INSPECTIONS.
(A) Times of'inspeeliol1. The director shall semi- annually, and prior to occupancy of any new
tenant, inspect all rental dwclling units. Additional inspections may be conducted at any time if anyone
or more of the following criteria is met
(1) Such unit has been abandoned by the owner, or the owner of such unit cannot be found;
(2) A police services fee has been imposed or billed as a result of one or more nuisance events
at such unit;
(3) Water. gas or electric service to such unit has been discontinued as a result of nonpayment
for more than 30 continuous days:
(4) The unit is on a parcel of land which is on the list of delinquent taxes filed by the county
auditor with the court administrator of the district court pursuant to M.S. 9279.05, as it may be amended
from time to time:
(5) The unit or the property within which the unit is located has, within the preceding three
months, been the subject of a written petition filed with the office of City Manager by any district
cOlIDcil, which petition requests that such unit be inspected and is signed by five or more persons having
personal knowledge of the unit or property. stating one or more reasons why such unit should be
inspected by the city; or
(6) The director has probable cause to believe that there exists within such unit one or more
violations of safety codes which constitute a serious danger to the health, safety and welfare of persons
living in such unit. or which would make the unit or structure in which the unit was located a dangerous
structure or unfit for human habitation.
(B) Nolice of'inspee/ion power. The director is hereby authorized, in conformity with this chapter,
to inspect all rental dwelling units to enforce this chapter and all applicable safety codes. Owners of
rental dwelling units are placed on notice that the city has a substantial governmental interest in housing
which is safe and free from safety code violations, that wanant inspections are necessary to further the
regulatory purposes of this chapter and other applicable safety codes, and that the purposes of such
inspections are clearly limited to seeking compliance with applicable safety codes.
(C) Scope ()f'impeelioll. The director is authorized, in conformity with this chapter, to inspect all
rental dwelling units in dwellings, \vhether having a registration certificate hereunder or not. The
inspection may include the building or structure containing the rental dwelling unit, the land upon which
it is located and accessory uses or structures related to the rental dwelling unit. All inspections
authorized by this chapter shall be limited to those which are done for the purpose of seeking
compliance with applicahle safety codes, and shall take place only at reasonable hours or as may
otherwise be agreed upon by the owner and the director.
(D) Owner dUly 10 provide access}i)r impecfion. Owners shall provide access to all portions of a
dwelling containing a rcntal dwelling unit for inspection. as permitted under division (A) of this section,
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by the director of the building and structure as well as accessory use structures related to, or affecting
the safety of, the rental dwclling unit.
(E) Notice o(violatiol1s. The director shall give notice to the owner of any violations of the
applicable safety codes which are discovered during any inspection.
(Ord. 648, passed 8-19-2003: Am. Ord. 654. passed 6-7-2005)
~ 157.06 REGULA nONS.
(A) Nolice by OWl1er. The owner of a rental dwelling unit for which a rental dwelling unit
registration certificate has been issued is under a continuing obligation to give written notice to the
director of any changes in the information supplied as part of the application for the certificate. This
includes any changes or modifications of ownership of the said unit, and conversions of the said unit
either to a nonrental use or to a nonresidential use.
(B) License transfer. In the event of an ownership change a "License Transfer Form" supplied by
the city must be completed and submitted along with the appropriate fee, listed in the current fee
schedule, within 14 days of the ownership change.
(C) Change o(use. I f the use of a rental dwelling unit subject to this chapter changes from a rental
dwelling unit or is not used for residential occupancy, it shall immediately be required to meet all
requirements of law, including the requirement for a certificate of occupancy before being used for such
new or changed use .
(Ord. 648, passed 8-19-2003; Am. Ord. 656, passed I 1-1-2005)
~ 157.07 FEES.
(A) Cerliticate issuunce. Fees for the issuance of a rental dwelling unit registration certificate, in
addition to the tirst year lee, are to be submitted at the time of application for both rental dwelling units
in a single-family dwelling and in a two-unit rental dwelling. Said fees shall be determined by the
current fee schedule.
(B) Anl1ual renewalfee. The owner of a rental dwelling unit shall pay an atmual renewal fee, as
determined by the current fee schedule, for a single-unit rental dwelling and for a two-unit rental
dwelling commencing on January 1. 2005. and payable each year thereafter. The owner remains
obligated to pay such fee during ownership of the rental dwelling unit, and shall pay any delinquencies
therein before transferring all or any part of the ownership of said unit. Notwithstanding the foregoing, a
new owner making application for a certificate is obligated, and shall be required, to pay all such current
and delinquent annual fecs with the application.
(C) Nofee-l1ew buildings. There shall be no fee charged for the issuance of a rental dwelling unit
registration certificate for new dwellings at the completion of their construction covered by a building
permit.
(D) Inspectionfees. (Reserved.)
(Ord. 648, passed 8- I 9-2003: Am. Ord. 654, passed 6-7-2005)
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S 157.08 EXEMPTIONS.
Establishments, having rooms or facilities which would be covered by the definition of a rental
dwelling unit, which are licensed by the City of North Saint Paul under other provisions of the North
Saint Paul Code. are exempt from the provisions of this chapter if such establislunents and the rental
dwelling units therein are required to comply with applicable safety codes as a condition or requirement
of licensure.
(Ord. 648, passed 8-19-2003)
S 157.09 ILLEGAL OCCUPANCY.
No person shall occupy, use or reside in a rental dwelling unit in any one- or two-family rental
dwelling of Group R-3 occupancy after October 1,2003. which does not have a rental dwelling unit
registration certificate. Any unit or structure which is so occupied, used or resided in shall be an
unlawful structure. Such illegal occupancy also constitutes a hazard to the health, safety or welfare of
the occupants and the public, and may be condemned by the appropriate enforcement officer of city
code.
(Ord. 648, passed 8-19-2003)
S 157.10 APPEAL TO CODE HEARING OFFICER.
W11en it is alleged by any person to whom a compliance order is directed that such compliance order
is based upon erroneous interpretation of this Code, such person may appeal the compliance order to the
hearing officer. Such appeals must be in writing, must specify the grounds for the appeal, must be
accompanied by a tiling fee of $15 in cash or cashier's check, and must be filed with the City Manager
within five business days after service of the compliance order. The filing of the appeal shall stay all
proceedings in furtherance of the action appealed from, unless such a stay would cause imminent peril to
life, health or property. Upon at least five business day's notice to the appellant of the time and place for
hearing the appeal. and within 30 days after tiling said appeal, the hearing officer shall hold a hearing
thereon. The hearing officer may reverse, modify, or affirm, in whole or in part the compliance order.
(Ord. 648, passed 8-19-2003)
S 157.11 HEATING FACILITIES FOR RESIDENTIAL AND OCCUPIABLE
WORK SPACES.
Every residential structure shall have heating facilities that are properly installed, safely maintained
and in good working condition, and capable of safely and adequately heating all habitable rooms,
bathrooms and toilet rooms located therein to a temperature of at least 680 Fahrenheit with an outside
temperature of - 200 Fahrenheit. The owner shall maintain a minimum room temperature of680
Fahrenheit at five feet from the 1100r. Every occupiable work space must be capable of maintaining a
temperature of not less than 650 Fahrenheit when spaces are occupied. Installation, repair or alteration
of heating facility. space heaters, and water heating facilities must be in accordance with the State
Mechanical Code. The enforcement officer may require the property owner to provide CUlTent proof of
service of any heating or space heating facilities by a licensed contractor, this proof of service must
include all items as listed on the "Existing Fuel Burning Equipment Safety Test Report" form provided
by the city. The service report must be submitted to the city within five days of service. In the event a
heating unit is found to be unsafe for operation, the unit shall be "Red Tagged" and placed out of service
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until repairs or replacement of the unit can be made. The service provider must notify the city
immediately after placing a unit of service.
(Ord. 656, passed 11-1-2005)
S 157.99 PENALTY.
Notwithstanding the lack of a specific reference thereto, a violation of, or failure to comply with, any
section, provision or requirement in this chapter shall be a misdemeanor and shall be subject to the
provisions of appl icable city code or state statutes. This chapter is a part of the city health, safety,
housing, building, lire prevention and housing maintenance codes, and a violation thereof shall be
deemed to be a violation for purposes of state statutes allowing escrow of rent to remedy violations.
(Ord. 648, passed 8-19-2003)
o.isclaimer:
This Code of Ordinances ",nd/or allY otller ;jocul1lents that appear on Olis site may 110t reflect tile most current legislation adopted by the
Municipality. American L(~D31 Publishing Corporation provides these documents for inionnational purposes only. These documents should not
be relied upon as !tle deili'itlve authority for local legislation. ,A.dcfitionally. the formatting and pagination of the posted documents varies from
the formatting and paginCi1i;)11 of Ute offici",) copy. Tlle official prmted copy of a Code of Ordinances should be consulted prior to any action
being taken.
For further information r,:; ;;;rding tile officii:-ll version of 81ly of tilis Code of Ordinances or other documents posted on this site, please contact
the Municipality dlrectiy c:onlact ,c.meric;:i!1 Legal Publislling toll-free at 800-445-5588.
2007 ;\merican Legal Publishing Corporation
tectls.upport@$mI.El9?Lcom
1800.4~!5.5588.
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Ot:\. [.(10.. [t?
CHAPTER 7
HOUSING CODE
Art. I. Housing
Art. II. Rental Housing Licensing
ARTICLE I. HOUSING
Sec. 7-1. The City of Oakdale does hereby adopt, by reference, the year 2000 edition of the
International Property Maintenance Code. as hereinafter amended pursuant to this ordinance, as
the Housing Code of the city of Oakdale
Sec. 7-2. That the year 2000 edition of thc International Property Maintenance Code adopted by
this ordinance is hereby modified by deleting the following sections therefrom: 103.2; 103.3;
108.6; 302.4: 303.3; 502.3; 502.4; 502.4.1: and 503.3.
Section 7-3. That the year 2000 edition of the International Property Maintenance Code adopted
by this ordinance is hereby amcnded by modifying the following denominated sections thereof to
read as hereinafter set forth.
CHAPTER I
lOLl Title. For the purpose of this article, these regulations shall be known as the Property
Maintenance Code of the City of Oakdale. hereinatier referred to as this Code.
101.2 Scope. The provisions of this Code shall apply to all existing residential structures and
premises and constitute minimum requirements and standards for premises, structures,
equipment, and facilities for light, ventilation. space. heating, sanitation, protection from the
elements, life safety, safety fro fire and other hazards, and for safe and sanitary maintenance; the
responsibility of owners, operators and occupants; the occupancy of existing structures and
premises, and for administration, enforcement and penalties.
102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of
occupancy, shall be done in accordance with the procedures and provisions of the Minnesota
State Building Code. Nothing in this Code shall be construed to cancel, modify or set aside any
of the provisions of chapter 25 of the City of Oakdale Code that regulates zoning.
103.1 Enforcement. Responsibility for enforcement of this Code shall be vested in the city's
building omcial's office. The city's building official is hereby appointed as the code official for
the purposes of this Code and employees acting under his or her direction and control shall be
deemed to be deputy code of/kials.
Chapter 7 - Page 1
103.6 Fees. The fees for activities and services performed by the department carrying out its
responsibilities under this Code shall be established pursuant to City Council resolution.
106.3 Prosecution of violation. Subject to applicable court rules. the charging authority may, in
the exercise of his or her discretion, charge any person failing to comply with a notice of
violation or order served in accordance with Section 107 with an ordinance violation, and the
violation shall be deemed a strict liability offense. If the notice of violation is not complied with,
the code ofticial may institute the appropriate proceeding at law or in equity to restrain, correet
or abate such violation, or to require the removal or termination of the unlawful oecupancy of the
structure in violation of the provisions of the Code or of the order or direction made pursuant
thereto.
108.1 General. When a strueture or equipment is found by the code official to be unsafe, or when
a structure is found unfit for human occupancy. or is found unlawful, such structure may be
condemned pursuant to the provisions of this Code.
108.5 Prohibited occupancy. Any occupied structure condemned and so designated and
plaearded by the code ot'ncial. shall be vacated as ordered by the code official. Any person who
shall occupy placarded premises or shall operate placarded equipment, and any owner of any
person responsible for thc premises who shall let anyone occupy a placarded premise or operate
placarded equipment shall be liable for the penalties provided by this Code.
110.3 Failure to comply. If the owner of a premises fails to comply with a demolition order
within the time prescribed, the Code ofticial may cause the structure to be demolished and
removed. eithcr through an available public agency or by contract or arrangement with private
persons, and the cost of such demolition and removal may be collected by any available legal
means including, but not limited to, being charged against the real estate upon which the
structure is located, in which case such charges shall be a lien upon such real estate.
CHAPTER 3
302.7.1 Gates. Gates which arc required to be self-closing and self-latching in accordance with
the Minnesota State Building Code shall be maintained such that the gate will positively close
and latch when released from a still position of 6 inches (152 mm) from the gatepost.
303.14 Insect screens. During the period from May IS to October 15. every door, window and
other outside opening required for ventilation of habitable rooms. food preparation areas, food
service areas. or any areas where products to be included or utilized in food for human
consumption are processcd. manufactured, packaged or stored, shall be supplied with approved
tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25mm) and every swinging
door shall have a self-closing device in good working condition.
Exception: Screen doors shall not be required where other approved means, such as air curtains
or insect repellant fans, are employed.
Chapter 7 - Page 2
304.1 General. The interior of a structure and equipment therein shall be maintained in good
repair, structurally sound and in sanitary condition. Every occupant shall keep that part of the
structure whieh such occupant occupies or controls in a clean and sanitary condition. Every
owner of a structure containing a rooming-house, a dormitory, two or more dwelling units, shall
maintain. in a clean and sanitary condition, the shared or public areas of the structure and
exterior property.
304.3 Interior surfaces. All interior surfaces, including windows and doors, shall be maintained
in good. clean and sanitary condition. Peeling, chipping flaking, or abraded paint shall be
repaired, removed. or covered. Cracked or loose plaster, decayed wood, and other defective
surface conditions shall be corrected. See Section 503.4 for additional requirements for toilet
room floor surfaces.
305.1 Accumulation of rubbish or garbage. All exterior property and premises, and the interior of
every structure. shall be free from any accumulation of rubbish or garbage in accordance with the
provisions of this Section and Chapter 6 of the Oakdale Code.
CHAPTER 4
404.1 Privacy. Dwelling units, rooming units and dormitory units shall be arranged to provide
privacy and be separate li'OIl1 other adjoining spaces.
CHAPTER 6
602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of
maintaining a room temperature of 68 F (20 C) at a distance of three (3) feet above floor level in
all habitable rooms, bathrooms and toilet rooms using -20 F (-29 C) as the winter outdoor design
temperature. Cooking appliances shall not be used to provide space heating to meet the
requirements of this section.
602.3 Heat Supply. Every owner and operator of any building who rents, leases or lets one or
more dwelling unit, rooming unit, dormitory or guest room on terms, either expressed or implied,
to furnish heat to the occupants thereof shall supply heat during the period from October 1 to
May 31 to maintain a temperature of not less than 68 F (20 C) in all habitable rooms, bathrooms,
and toilet rooms.
Exception: When the outdoor temperature is below -20 F (-29 C), maintenance of the minimum
room temperature shall not be required provided that the heating system is operating at its full
design capacity.
602.4 Occupiable workspaces. Indoor occupiable works paces shall be supplied with heat during
the period from Octobcr 15 to May 15 to maintain a temperature of not less than 68 F (20 C)
during the period the spaces are occupied.
Exceptions:
Chapter 7 - Page 3
(I) Proccssing, storage and operational areas that require cooling or special temperature
conditions.
(2) Areas in which persons are primarily engaged in vigorous physical activity. 604.2
Service. The size and usage of appliances and equipment shall serve as a basis for
determining the need for additional facilities in accordance with the ICC Electrical Code.
Dwelling units shall be served by a three-wire, 120-240 volt, single-phase electrical
service having a rating of not less than 60 amperes.
Exception: Legally installed. existing 50 ampere service for dwelling units in dwellings
containing three or more units.
CHAPTER 7
702.4 Emergency escape openings. Every sleeping room located below the third story in
residential and group homc occupancies shall have at least one openable window or exterior door
approved for emergency egress or rescue, or shall have access to not less than two approved
independent exits. Required emergency and escape and rescue openings shall be operational
from the inside of the room without the use of keys or tools. Bars, grilles, grates, or similar
devices are permitted to be placed over emergency escape and rescue openings provided the
minimum net clear opening size complies with the Minnesota State Building Code and such
devices shall be releasable or removable from the inside without the use of a key, tool, or force
greater than that which is required for normal operation of the escape and rescue opening. Where
such bars. grilles. grates. or similar devices are installed in existing buildings, smoke detectors
shall be installed in accordance with Section 704.
CHAPTER 8
800 General References. Whenever this Code refers to the International Building Code, the lCC
Electrical Code. the International Fire Code, the International Mechanical Code, or the
International Plumbing Code, such references shall be deemed to the comparable applicable
Code as adoptcd by the State of Minnesota. Whenever this Code shall refer to the International
Zoning Code. such references shall be deemed to be Chapter 25 of the Oakdale City Code.
Section 7-4. That the year 2000 Edition of the International Property Maintenance Code adopted
by this Ordinance is hercby amended by adding the following denominated sections thereof
which read as l'ollows:
108.4.1 Placard removal. The Code official shall remove the condemnation placard whenever the
defect or deteets upon which the condemnation and placarding action were based have been
eliminated. .'\ny person who dcl11ces or removes a condemnation placard without the approval of
the Code ol'licial shall bc subiect to the penalties provided by this Code.
302.4. I Turf established. Turf must be established by the use of grass seed or sod on all lots,
within sixty (60) days of the issuance of a Certificate of Occupancy, excluding the time between
October I $t and May 1 st Turf must be established on all existing developed lots by June 1st, 1996.
Alternate landscape plans, other than turf, shall be approved by city staff prior to installation.
Chapter 7 - Page 4
303.18 Building security. Doors. windows or hatchways for dwelling units, or rooming units
shall be provided with devices designed to provide security for the occupants and property
within.
303.18.1 Doors. Doors providing access to a dwelling unit, or rooming unit that is rented or
leased shall be equipped with a dead bolt lock meeting specifications set forth herein. Such dead
bolt locks shall be operated only by the turning of a knob or a key and shall have a lock throw of
not less than one inch. For the purpose of this section, a sliding bolt shall not be considered an
acceptablc dead bolt lock. Such dead bolt locks shall be installed according to manufacturers
specifications and maintaincd in good working order. All dead bolt locks required by this section
shall be designed and installcd in such a manner so as to be operable from the inside of the
dwelling unit or rooming unit without use of a key, tool, combination or any other special
knowledge or cffort.
303.18.2 Windows. Operable windows located in whole or in part within 12 feet above ground
level or a walking surface below providing access to a dwelling unit. or rooming unit that is
rented or Icased shall be equipped with window sash locking devices.
503.4 Floor surfacc. Evcry toilct room t100r surface and bathroom t100r surface shall be
constructed andmaintaincd to be impervious to water and to permit such t100r to be easily kept
in a clean and sanitary condition.
702.5 Handrails. Every cxtcrior and interior t1ight of means of egress stairs serving any building
or portion thercof having more than two risers shall have a handrail on at least one side of the
stair. Handrails shali comply with the requirements of the State Building Code.
702.6 Guards. Evcry open portion of a stair, landing, balcony, porch, deck, ramp or other
walking surlilcc which is more than 30 inchcs above the floor or grade below shall have guards.
Guards shall not be Icss than 36 inches high above the floor of thc landing, balcony, porch, deck,
ramp or other walking surface.
Exceptions:
(n) The top of guardrails for stairways, exclusive of their landings, may
have a height as specified in section 702.5 for handrails.
(b) Existing guards a minimum of 30 inches high above the t100r of the
landing. balcony. porch, deck, ramp or other walking surface that were
legally installed in accordance with a previous building Code that are
ill good repair.
ARTICLE II. RENTAL HOUSING LICENSING
Sec. 7-5. The following shall apply to dwellings, dwelling units, housekeeping units, rooming
units, rental units and premises located within the city, except that it shall not apply to suites and
sleeping rooms in hotcls which are lct to the public for periods of less than one week nor to
common areas in such hotels.
Chapter 7 - Page 5
Sec. 7-6. Purposc and Intent.
(a) Purpose: Thc purpose of this chapter is to protect the public health, safety and the general
welfare of the rental population of the city. These general objectives include, among
others. the following:
I. To maintain a quality character and stability of rental dwelling units within the city.
2. To correct and prevent rental housing conditions that adversely affect or are likely to
advcrsely affect thc life, safety, general welfare and health of persons occupying rental
dwcllings within the city.
3. To provide minimum standards for cooking, heating and sanitary equipment necessary to
the health and safety of occupants of rental buildings.
4. To provide minimum standards of light and ventilation necessary to health and safety.
5. To providc minimum standards for the maintenance of existing rental buildings, and to
thus prevent slums and blight.
6. To preserve thc valuc of land and buildings throughout the city.
7. To help owners and landlords by: allowing landlords to enter problem units; affords
landlords higher rents with well maintained buildings: provides for higher re-sale value;
prevents overcrowding of units.
(b) Intent: It is not the intention of the City Council to intrude upon the fair and accepted
contractual relationship between tenant and landlord. The City Council does not intend to
intervene as an advocate of either party, or to act as an arbiter, or to be receptive to
complaints from tenant or landlord. which are not specifically and clearly relevant to the
provisions of this chapter.
(c) Application of requirements: Every rental dwelling unit and its premises used in whole or
in part as a home or residence. or as an accessory structure thereof, for a single-family or
person, shall conform to the requirements of this chapter, irrespective of when such
building may have been constructed, altered or repaired. This chapter establishes
minimum standards for erected rental dwelling units, accessory structures and related
premises.
Sec. 7-7. Liecusc Rcquircd. No person, whether an owner, manager agent or sublessor, shall
operate or permit thc operation of a dwelling, structure or rooming house for rent or lease or
offer to rent or Icase any rental unit unless such dwelling, structure, rooming house,
housekeeping unit or rcntalunit has been granted a license from the building official as provided
herein. No owner of any dwelling shall permit or allow any rental unit in such dwelling to be
rented or Ieascd unlcss such unit is licensed as provided herein. Rental units shall include
homestcad properties where the dwclling unit is not occupied by the homestead owner. If,
during the licensing pcriod, the number of dwelling units in a dwelling or beds in a rooming
house is increascd, no person shall rent or cause to be rented such additional units or beds, or
permit the same to be occupied, until the building official has inspected the premises and
approved them for occupancy. If found to be renting or causing to be rented a dwelling, dwelling
unit, housekeeping unit, rooming unit or rental unit without a proper license, an investigation fee
as established by resolution of the city council shall be paid by the owner whether or not the
dwelling, dwelling unit. housekecping unit, rooming unit or rental unit is subsequently licensed.
Chapter 7 - Page 6
Sec. 7-8. Liecnsc Applications, Procedure.
(a) All licenses shall be issued by the building official. Applications for licenses shall be
made by the owner or manager of the dwelling to the building official upon forms
provided by such olTicial, and such applications shall be accompanied by the required
license fee. Applications for renewals of licenses and licenses for new dwellings shall be
made at least sixty (60) days prior to the time the current license will expire or the units
will be offered for rent. Upon receipt of a completed application and fees, the building
of/lcial shall issue a temporary license permitting the temporary rental of the dwelling
until such dwelling has been inspected by the building official. New dwellings, dwelling
units, housekeeping units. rooming units or rental units which comply with the State
Building Code shall be issued a license upon completion of construction inspections,
issuance of a ccrtilicate of occupancy and receipt of a completed application and fees by
the building official. Buildings which comply with the State Building Code and have
been completed and certilied for occupancy by the building official within one year of the
certi lication of occupancy and receipt of a completed application and fees by the building
ol'licial shall also be issued a license for the initial licensing period without further
inspection. All other multiple dwellings, rooming houses and rental units shall be
inspected beforc a license is issued. If the inspection by the building official discloses
that there are violations in the building, the temporary license may be extended for a
reasonable period 01' time. not to exceed 120 days, so that the violation can be corrected
and the building reinspected by the building official. The building official shall not
extend a temporary license more than twice. No license shall be issued unless the
premises or portions of the premises to be licensed have been found by the building
of/leial to comply with the provisions of this chapter and all other applicable ordinances
of the city. If only a portion of a building is licensed, no unlicensed portion shall be
rented. Renting any unlicensed portion of a building shall result in revocation of the
license and issuance of a notice to vacate the building.
(b) II'. aller issuance 01' a tcmporary license for an establishment, the building official is
denied access to such establishment. or any portion thereoL at any reasonable time while
attempting to inspect the premises, the building omcial may revoke such temporary
license upon written notice to the applicant. subject to the applicant's right to appeal as
provided in this chapter.
Sec. 7-9. Fees.
(a) All fees for rental licenses shall be established by resolution of the city council.
(b) All fces and inspections shall be received and conducted on an annul basis.
Sec. 7-10. License Terms and Conditions.
(a) Each license shali be displayed in a conspicuous place within the common way or
entrance of the dwelling and shall state the name and address of the owner and the person
or managing agency. which is managing the dwelling. No license shall be transferred to
another dweliing or rental unit;
Chapter 7 - Page 7
(b) If there is a change in either ownership or management of a dwelling, the person or
agency managing such dwelling prior to such change in ownership or management shall
give written notice of the name and address of the new owner and lor manager to the
building oflicial:
(c) A new license shall be issued to the dwelling for the remainder of the license period with
the name of the new manager and/or owner upon payment of the required fee and
submission of all required application forms.
Sec. 7-11. Inspections of Lieensed Premises; Suspensions.
(a) All premises iicensed pursuant to this Article shall be made available for inspection by
the building oflicial at any reasonable time. If the building official is denied access to any
licensed premises. such official may suspend the license of the dwelling or rental unit
upon written notice to the licensee, subject to the right to appeal as provided in this
chapter, and any such suspension shall remain in effect until inspection has been
permitted:
(b) IL upon inspection of licensed rental units for which the license has been suspended, the
building official finds that any rental unit does not comply with the provisions of this
Article, or other applicable ordinances of the city, a written notice shall be served by the
building oflieial upon the licensee stating the nature of any violation and a reasonable
time. not to exceed 90 days, in which the violations must be corrected or the affected
premises vacated. At the end of said time, the building official shall reinspect the
premises. If the premises are not vacated or the violations are not corrected, the building
official may suspend the license of the dwelling or any rental units therein, subject to
lieensee's right of appeal as provided in this chapter. The licensee may, after such
suspension. pay a rcinspection fee and request reinspection and reinstatement of the
liccnse with respect to the entire dwelling or to rental units within the dwelling not
affccted by the violation. If the building official inspects the premises and determines that
the violations have been corrected, the license for the entire structure shall be reinstated
upon payment of a reinspection fee;
(c) In any case where the building official suspends a license pursuant to this section, written
notice of such suspension shall be served on the licensee and posted in a conspicuous
place in the dwelling or rental unit, and both such notices shall order the vacation of the
dwelling or rental unit within a reasonable time. After receipt of such notice, and if no
appeal is takcn within the period for appeals, it shall be unlawful for the licensee to rent
or lease any rental unit or bed until the license for said unit is reinstated. Licensee shall,
within ten days after receiving such notice of suspension. give notice in writing to the
tenants Sl<lting the contents of the vacation order issued by the building official.
Sec. 7-12. Notices. No license shall be issued pursuant to this section unless the applicant
designates in writing to the building official at a street address located within the seven county
metropolitan area where such notices issued by the building official may be delivered. All
notices issued by the building official regarding a particular license shall be sent by first class
mail or personally delivered to the address specified by the licensee, and for purpose of this
article delivery by such means shall constitute service of such notice on the licensee. Any person
who receives an order from the building ofticial denying, suspending or revoking a license may
Chapter 7 - Page 8
appeal such denial. suspension or revocation to the building appeal board under the procedures
set forth in the International Property Maintenance Code section Ill. means of appeal.
Sec. 7-13. Inspections; Enforcement; Fees.
(a) For the purposes of attaining uniform acceptable housing standards in the city and
enforcing this chapter the building official is hereby authorized to enter, examine and
survey, between the hours of 8:00 a.m. and 5:00 p.m. all dwellings, dwelling units,
housekeeping units, rooming units and premises. The building official, prior to making
such inspections. shall inform the owner or their agent of the dwelling or dwelling units,
housekeeping units. rooming units or premises to be inspected of the date and time of the
inspection by leller postmarked not less than 96 hours prior to the time such inspection is
made. Aller written notice has been given, the owner or occupant of such dwelling,
dwelling unit. housekeeping unit or rooming unit, or the person in charge thereof, shall
give the building ollicial free access to such dwelling, dwelling unit, housekeeping unit
or rooming unit and its premises, during such time, for the purpose of such inspection,
examination or survey: provided, that such inspection, examination or survey shall not
have for its purpose the harassment of such owner or occupant and that such inspection,
examination or survey shall be made so as to cause the least amount of inconvenience to
the owner or occupant. consistent with an efficient performance of the duties of the
building ol'licial: provided. that nothing in this section shall be construed to prohibit the
entry of the building official:
I. At any time when in the opinion of the building official an actual emergency tending to
create an immediate danger to public health and safety exists: or
2. At any time when such inspection, examination or survey may be requested by the owner
or occupant:
(b) When an order to correct a condition constituting a violation of this chapter has been
issued, the building o I'Iic ial is hereby authorized to enter and reinspect all dwellings,
dwelling units. housekeeping units, rooming units and premises for the purpose of
determining compliance with the mandates of such order. The reinspection shall be made
under the dircetion of the building official. by the building official, or by a team
composed of public ol'l1cers as deemed appropriate under the circumstances by the
building official. The owner or occupant of the dwelling, dwelling unit, housekeeping
unit and rooming unit. or the person in charge thereof, shall give free access to such
dwelling, dwelling unit, housekeeping unit or rooming unit and its premises for the
purpose of such inspection, examination or survey.
(c) Every occupant of a dwelling, dwelling unit or housekeeping unit shall give the owner
thereof, or the owner's agent or employee, access to any part of such dwelling or
dwelling unit. housekeeping unit or its premises, at all reasonable times, for the purpose
of making such repairs or alterations as are necessary to effect compliance with the
provisions of this article or any lawful order issued pursuant to the provisions of this
article.
Chapter 7 - Page 9
(d) There shall be no charge on inspections made in response to complaints. Fees for
licensing inspections and other inspections shall be established, from time to time, by
resolution of the council.
(e) Any apartment building, which has 5 or more apartment units in the building, shall be
subjcct to inspection of a minimum of 15% of the licensed dwelling units, with a
minimum of2 units per building to be inspected.
Sec. 7-14. Service of Notices and Orders.
(a) Whcnevcr the building ofticial determines that there are reasonable grounds to believe
that there has been a violation of any provisions of this article, notice of such alleged
violation shall be given to the person in accordance with the International Property
Maintenance Code and its amendments.
(b) Issuance of cmergency orders without notice. Whenever the building official finds that an
cmergency cxists which requires the immediate action to protect the public health and
safety, the building ofjicial may, without notice or hearing, issue an order declaring the
cxistence of such an emergency and requiring that such action be taken as deemed
necessary to meet the emergency notwithstanding the other provisions of this aI1icle.
Such orders shall bc effective immediately. Any person to whom such order is directed
shall comply therewith immediately.
Chapter 7 - Page 10
City of Newport
Chnpter 11 Housing nnd Buildings
NewpoY<.+
CHAPTER 11. HOUSING AND BUILDINGS
Section 1100 - House Numbering
1100.01 Numbering Required. All dwellings and places of business within the City
shall have affixed a proper street number so visible as to designate to the casual observer
passing on the roadway, the proper street number of that property.
When this is not practical (as determined by the City) because of building setback, a sign
post with proper number may be placed on a post in the front yard plainly visible from the
street.
A street number on a mail box shall except as determined by the City, not be satisfactory
for the purposes of this Section.
1100.02 Application and Assignment. All persons needing a street number for their
property shall apply to the Clerk-Administrator for the same. The Clerk-Administrator
shall assign the street number in accordance with the City's adopted numbering plan.
Section 1110 - State Building Code
ORDINANCE 2003-8
AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE, THIS
ORDINANCE: PROVIDES FOR THE APPLICATION, ADMINISTRATION, AND
ENFORCEMENT OF THE MINNESOTA STATE BUILDING CODE BY REGULATING
THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR,
MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT,
USE, HEIGHT, AREA, AND MAINTENANCE OF ALL BUILDINGS AND/OR
STRUCTURES IN THIS MUNICIPALITY; PROVIDES FOR THE ISSUANCE OF
PERMITS AND COLLECTION OF FEES THEREOF; PROVIDES PENALTIES FOR
VIOLATION THEREOF; REPEALS ALL ORDINANCES AND PARTS OF ORDINANCES
THAT CONFLICT THEREWITH. THIS ORDINANCE SHALL PERPETUALLY
INCLUDE THE MOST CURRENT EDITIION OF THE MINNESOTA STATE BUILDING
CODE WITH THE EXCEPTION OF THE OPTIONAL APPENDIX CHAPTERS.
OPTIONAL APPENDIX CHAPTERS SHALL NOT APPLY UNLESS SPECIFICALLY
ADOPTED.
THE CITY COUNCIL OF THE CITY OF NEWPORT, MINNESOTA, HEREBY ORDAINS
Section 1. Codes adopted by reference. The Minnesota State Building Code, as
adopted by the Commissioner of Administration pursuant to Minnesota Statutes
Chapter 16B.59 to 16B.75, including all of the amendments, rules and regulations
established. adopted and published from time to time by the Minnesota Commissioner
of Administration, through the Building Codes and Standards Division is hereby
adopted by reference with the exception of the optional chapters, unless specifically
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City of Newport
Chapter 11 Housing and Buildings
adopted in this Ordinance. The Minnesota State Building Code is hereby incorporated
in the Ordinance as if fully set out herein.
Section 2. Application. Administration and Enforcement. The application,
administration, and enforcement of the code shall be in accordance with Minnesota
State Building Code. The code shall be enforced within the extraterritorial limits
permitted by Minnesota Statutes, 16B.62, subd. 1, when so established by this
Ordinance.
The code enforcement agency of this municipality is called City of Newport.
This code shall be enforced by the Minnesota Certified Building Official designated by
this Municipality to administer the code (Minnesota Statute 16B.65) subd. 1.
Section 3. Permits and Fees. The issuance of permits and the collection of fees shall
be as authorized in Minnesota Statutes, 16B.62, subd. 1.
Permit fees shall be assessed for work governed by this code in accordance with the fee
schedule adopted by the municipality in January 2003. In addition, a surcharge fee
shall be collected on all permits issued for work governed by this code in accordance
with Minnesota Statute 16B.70.
Section 4. Violations and Penalties. A violation of the code is a misdemeanor
(Minnesota Statutes 16B.69.)
Section 5. Building Code Optional Chapters. The Minnesota State Building Code,
established pursuant to Minnesota Statutes 16B.59 to 16B.75 allows the Municipality
to adopt by reference and enforce certain optional chapters of the most current edition
of the Minnesota State Building Code.
The following optional provisions identified in the most current edition of the State
Building Code arc hereby adopted and incorporated as part of the Building Code for
this Municipality.
1. Chapter 1335, Flood proofing Regulations, parts 1335.0600 to 1335.1200.
2.
3.
Section 6. Effective Date of Ordinance. This Ordinance becomes effective upon its
passage and publication according to law.
The foregoing Ordinance was moved by Councilmember White, and seconded by
Councilmember Schottmuller.
The following Councilmembers voted in the affirmative: White, Schottmuller. Geraghty,
Chapdelaine. and Woods.
The following Councilmembers voted in the negative: None
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City of Newport
Chapter 11 Housing and Buildings
Adopted by the City Council of the City of Newport, Minnesota on the 17th day of April,
2003.
1110.02 Application, Administration, and Rnforcement. The application,
administration, and enforcement of the Minnesota State Building Code in the City shall
be in accordance with Minnesota Statutes Chapter 16B and Minnesota Rules,Chapters
1300 and 1305. The City Council, pursuant to Minnesota Statutes 16B.65, shall
appoint a Building Official who shall attend to all aspects of Building Code
administration. Additional members of a City Building Department shall be authorized
by the City as needed. Organization of the City's Building Department shall be as
established by Chapter 1 of the 1994 Uniform Building Code, as amended by
Minnesota Rules.
1110.03 Permits, Inspections, and Fees. Permits shall be issued, inspections
conducted, and fees collected as provided for in Minnesota Statutes 16B.62, Chapter 1
ofthe 1994 UBC, and Minnesota Rules 1305.0106 and 1305.017.
1110.04 Surcharge. In addition to the permit fee required under Section 3 above, the
applicant for a building permit shall pay a surcharge to be remitted to the Minnesota
Department of Administration as prescribed by Minnesota Statutes 16B.70.
Section 1120 - Fire Code
1120.01 Fire Code Adopted. The Minnesota Uniform Fire Code and all Sections of the
Uniform Fire Code, as promulgated by the International Conference of Building Officials
and the Western Fire Chiefs' Association (which shall be adopted by reference thereto
either by the Minnesota Uniform Fire Code or by this Code), and as adopted as a part of
the Minnesota State Building Code under Section 1110 of this Code, and copies of which
have been marked "The Official Copies" and which shall be on file in the office of the Clerk-
Administrator, shall be hereby adopted as the Fire Code for the City, for the purpose of
prescribing regulations governing conditions hazardous to life and property from fire or
explosion except the portions as shall be deleted or modified by this Section. Every
provision contained in these Codes adopted by this Section, shall be hereby made a part of
this Code as if fully set forth in this Section.
1120.02 Enforcement. The Chief of the Fire Department of the City, or his or her
authorized representative shall enforce the provisions of this Fire Code and the Chief may
detail such melll bel'S of the Fire Department as inspectors as shall from time to time be
necessary; and he or she may recommend to the Council employment of technical
inspectors.
1120.03 Definitions. For purposes of this Section, the following words and phrases
shall have the meanings given them in this Subsection:
Subd. 1 State Fire Marshall. "State Fire Marshall", as used in the Minnesota
Uniform Fire Code, shall mean and include only the Chief of the Fire Department of
the City, unless the context clearly indicates otherwise.
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City of Newport
Chapter 11 Housing and Buildings
Subd. 2 Jurisdiction. "Jurisdiction", as used in the Minnesota Uniform Fire Code,
shall mean the incorporated limits of the City.
Subd. 3 Corporation Counsel. "Corporation Counsel", as used in the Minnesota
Uniform Fire Code, shall be held to mean the attorney for the City.
Subd. 4 Minnesota Uniform Fire Code. "Minnesota Uniform Fire Code", as used,
shall mcan and apply only to those provisions of the Minnesota Uniform Fire Code
adopted by reference in this Section. Wherever in this Section the term "Uniform
Code" is used, it shall mean and apply only to those portions of the Uniform Fire Code,
as promulgatcd by the International Conference of Building Officials and the Western
Fire Chiefs' Association.
1120.04 Modifications and Amendments to the Minnesota Uniform Fire Code.
The Minnesota Uniform Fire Code shall be amended and modified in the following respects
for purposes of this Chapter shall be hereby adopted by reference thereto.
A. Authority of Fire Personnel to exercise powers of Police officers. The provisions of
Section 1.205 of Uniform Code shall be hereby adopted by reference thereto.
B. Authority and Duty of Police Personnel to Assist in Enforcing this Code. The
provisions of Section 1.206 of the Uniform Code shall be hereby adopted by reference
thereto.
C. Inspections in Unsafe Buildings. The provisions of Section 1.207(a) of the Uniform
Code shall be hereby adopted by reference thereto.
D. Investigations. The provisions of Section 1.208 of Uniform Code shall be hereby
adopted by rererence thereto, and there shall be added to Section 1.208(a) the
following sentence. "The Chief shall mal<e a report in writing to the State Fire
Marshall of all facts and findings relative to each such investigation."
E. Right of Entry. The provisions of Section 1.209 of the Uniform Code shall be
hereby adopted by reference thereto.
1. Ordcrs, Common Notices and Tags. The provisions of Section 1.21O(b) of the
Unirorm Code shall be hereby adopted by reference thereto.
2. Compliance. The provisions of Section 1.212 of the Uniform Code shall be
hereby adopted by reference thereto.
3. Records and Reports. The provisions of Section 1.213(a) of the Uniform Code
shall be hereby adopted by reference thereto.
4. Alternate Materials and Methods. The provisions of Section 1.214(a) of the
Uniform Code shall be hereby adopted by reference thereto.
5. Board or Appeals. ]n order to determine the suitability of alternate materials
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City of Newport
Chapter 11 Housing and Buildings
and type of constnlction and to provide for reasonable interpretations of the
provisions of this Code, there shall be created a Board of Appeals which shall
consist of all members of the Council. The Fire Chief shall be an ex- officio
member and the Clerk-Administrator shall act as secretary of the Board. The
Board shall adopt reasonable mles and regulations for conducting its
investigations and shall render all decisions and findings in writing to the Fire
Chief with a duplicate copy to the appellant. The Board may employ such experts
as it may (\cern necessary for its work.
6. Compliance with Recognized Standards. Whenever this Code is inapplicable for
any reason to any situation involving the protection of persons and property from
the hazards of fire and explosion, the materials, methods of construction,
installations, or practices, or operations necessary to provide such protection
shall, to a reasonable degree, be in accordance with nationally recognized and
accepted standards, principles, and tests in generally recognized and accepted
standards, principles, and tests in generally recognized and well established
methods of fire prevention and control as set forth in the 16 volumes of the
National Fire Codes, of the National Fire Protection Association (NFPA) which shall
be adopted by reference as part of this Code as fully as if set forth in this Section.
Subd. 2 Regulation 34. Fire Marshall Regulations 34(a), (b), (c), and (e) shall be
hereby amended as follows:
(a) Application for Permit. The provisions of Section 1.302 of the Uniform Code
shall be hereby adopted by reference thereto.
(b) Inspection Required. The provisions of Section 1.303 of the Uniform Code
shall be hereby adopted by reference thereto.
(c) Retention of Permits. The provisions of Section 1.304 of the Uniform Code
shall be hereby adopted by reference thereto.
(e) Destruction of Signs. The provisions of Section 1.308 of the Uniform Code
shall be hereby adopted by reference thereto.
Subd. 3 Regulation 35. Fire Marshall Regulations 35(a), (b), (cJ, (d), (e), (i), OJ, and (1)
shall be hereby amended as follows:
(a) In Section 1.403, the definition of APPROVED shall be retained.
(b) In Section 1.404, the definition of BUILDING CODE shall mean the
Minncsota Building Code and the Uniform Building Code.
(c) In Scction 1.404, the definition of BUREAU OF FIRE PREVENTION shall be
retained.
(d) In Section 1.405, the definition of CHIEF OF THE BUREAU OF FIRE
PRI;;VENTION shall be retained.
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City ofNcwport
Chaptcr 11 Housing and Buildings
(e) ELECTRICAL CODE shall mean the National Electrical Code, National Fire
Protection Association, and the current edition of the National Electrical Code.
(i) In Section 1.415, the definition of MUNICIPALITY shall mean the City of
Newport, Minnesota.
OJ In Section 1.421, the definition of SPRAYING AREA shall be retained.
(1) In Section 1.424, the definition of VAPOR AREA shall be retained.
Subd. 4 Rcgu1ation 41. Fire Marshall Regulations 41(a) and (b) shall be hereby
amended as follows:
(a) The provisions of Article 11 of the Uniform Code shall be hereby adopted by
reference thereto.
(b) The provisions of Article 11 of the Uniform Code shall be hereby adopted by
reference thereto.
Subd. 5 Regulation 42. Fire Marshall Regulations 42(a) and (f) shall be hereby
amended as follows:
(a) The provisions of Section 13.010 ofthe Uniform Code shall be hereby adopted
by reference thereto.
(f) The provisions of Section 13.302 ofthe Uniform Code shall be hereby adopted
by reference thereto.
Subd. 6 Regulation 44. Fire Marshall Regulations 44(a), (d), (e), (f), and (m) shall be
hereby amended as follows:
(a) The provisions of Section 15.100(c) of the Uniform Code shall be hereby
adopted by reference thereto.
(d) The provisions of Section 15.202(b) of the Uniform Code shall be hereby
adopted by reference thereto.
(e) The provisions of Section l5.207(a) of the Uniform Code shall be hereby
adopted by reference thereto.
(f) The provisions of Section 15.207(d) 3 of the Uniform Code shall be hereby
adopted by reference thereto.
(m) The provisions of Section 15.710(e) 1 and (f) 1 of the Uniform Code shall be
hereby adopted by reference thereto.
Subd. 7 Regulation 45. Fire Marshall Regulations 45 is shall be hereby amended as
by adopting the provisions of Article 20 of the Uniform Code except the provisions of
Sections 20.] 01, 20.102(a), 20.110, 20.112(b), and by adding thereto Sections 20.113,
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City of Newport
Chapter 11 Housing and Buildings
20.114, all of which shall hereafter read as follows:
(SEC. 20.10 1) Regulations fOJ' liquefied petw1eum gases shall be the existing State
Fire Marshall regulations concerning liquefied petwleum gases, in addition to
Article 20 subject to the following additions and amendments as follows:
(SEC. 20.102) Permits and Reports ofInstallations.
(a) No pcrson shall install or maintain any LP Gas container, or operate any tank
vehicle which is used for the transportation of LP Gas without a permit. Where a
single container or the aggregate of interconnected containers, if over 120 gallons
water capacity, the installer shall submit plans to the Chief. A permit shall not be
required for the outside installation or maintenance of portable containers ofless
than 120 gallon water capacity. A permit shall be required for the inside use of
portable containers having a water capacity of 12 lbs. (nominal 5 lbs. LP Gas
capacity) in all occupancies other than group 1 as defined in Table 5-A.
(SEC. 20.l1O) Smoking and Open Flame Devices.
(a) The Chief may require the posting of "NO SMOKING" signs. No person shall
smokc within 25 feet of any LP Gas container of 1200 gallons capacity or less, nor
within 50 feet of any such container over 1200 gallons capacity.
(b) No person shall install or maintain any open flame device outside of building
within 25 feet of any LP Gas container having a capacity of 1200 gallons or less,
nor within 50 feet of any such container having a capacity over 1200 gallons,
except direct fired vapOJ'izers as covered in NFPA Pamphlet 58, standard for the
storage and handling of liquefied petroleum gases.
(c) No person shall install or maintain any LP Gas container with a capacity of
1200 gallons or less within 25 feet of any open flame device, outside of buildings,
nor shall any person install or maintain any such container with a capacity in
excess of 1200 gallons within 50 feet of any such open flame device.
(d) All LP Gas containers having a capacity of more than 1 lb. which are sold,
serviced or from which LP Gas is dispensed shall be clearly labeled with a sign
reading: "LP Gas Flammable," the lettering shall be the color red on a contrasting
background. On containers of 500 gallon capacity or more, the letters shall be not
less than 6 inches in height with a 3/4 inch stroke and shall be affixed to both
sides of the tank or installation. Underground or mounded tank installations shall
bc posted at the point of transfer.
(SEC. 20.112) Abandonment of Liquefied Petroleum Gas Equipment.
(b) Recommended abandonment procedures:
]. All following procedures shall have approval of the local jurisdiction.
(SEC. 20.113) Restrictions of Liquefied Petwleum Gas Use.
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City of Newport
Chapter 11 Housing and Buildings
1. No solid devices, structures, obstructions, trees, shrubs, or other
appurtenances shall be placed adjacent on Liquefied Petroleum Gas storage facility
so as to hinder or deter the application of water or firefighting operations by the
Fire Department.
2. (a) All approved Liquefied Petroleum Gas storage facilities shall be placed on
asphaltic concrete, blacktop, crushed rock, or equal surfaces to eliminate the
maintenance and control of combustible vegetation, weeds and grass.
(b) Polyethylene plastic or equal shall be placed under all surfaces.
3. (a) Storage shall be limited to industrial, commercial, and major facilities
subject to interruptible natural gas service providing requirements of Section
20.105 shall be satisfactorily met.
(b) Storage shall be prohibited in congested or heavily populated areas.
". Use of Liquefied Petroleum Gas on balconies or in multiple dwellings by tenants
shall be prohibited.
5. (a) Temporary use of Liquefied Petroleum Gas during construction, remodeling
or major renovations shall require a permit and shall be approved.
(b) Wheeled agricultural type Liquefied Petroleum trailers shall be prohibited for
storage uses including at construction sites.
(c) Temporary Liquefied Petroleum Gas storage shall be protected as specified in
Sec. 20.105. Where quantities are less than 2000 gallons, the following
considerations shall be provided:
I) Sub-Lime lnsulative Coatings or
2) Lesser storage quantities through the use of allowable manifolded
systems or
3) Use of alternate types of fuel.
(d) At non-congested, sparsely populated and non-residential construction sites,
where the small quantities are desired for short periods of time, requirements as
specified in 5(c) may be waived at the discretion of the Fire Chief.
(SEC. 20.114) Existing Storage Facilities. Authorization shall be hereby granted to
the Chief to resurvey, inspect, and evaluate existing storage facilities for the
purposes of determining adequate or suitable fire protection, fire suppression, or
life safety requirements. All recommendations for improvements, alterations, or
modifications of existing systems shall be based on the following considerations:
1. Storage location with respect to heavily populated or congested areas.
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City of Newport
Chapter 11 Housing and Buildings
2. Fire department accessibility to storage facilities for placement of fire apparatus
and application of fire fighting hose streams.
3. Availability of fire flows.
4. Evaluation of Fire Department capabilities, i.e.:
(a) Available manpower.
(b) Available equipment and apparatus.
Ic) Fire Department response times.
(eI) Ability of Fire Department to evacuate structures and residents.
J. Trends, Fire Service Problems, and modern protective techniques.
6. Current installation features and protection levels afforded.
Subd. 8 Regulation 48. Fire Marshall Regulation 48(f) shall be hereby amended as
follows:
(~ The provisions of Section 27.302(c) of the Uniform Code shall be hereby adopted
by rcference thereto.
Subd. 9 Regulation 51. Fire Marshall Regulation 51(21), (e), (f), and (g) shall be hereby
amcnded as follows:
(a) Appendixes A, B, C, D, and E of the Uniform Code shall be hereby adopted by
rcference thereto.
(c) The provisions of Appendix B, Item 3(b) of the Uniform Code shall be hereby
adopted by reference thereto.
(~ The provisions of Appendix B, Item 3(c) of the Uniform Code shall be hereby
adoptcd by reference thereto.
(g) The provisions of Appendix B, Item 4(21) of the Uniform Code shall be hereby
adopted by reference thereto.
Subd. lOSection 13.317 Added. A new Section 13.317 shall be added to the
Uniform Code to read as follows:
(SEC. 13.317) Portable Fire Extinguishers, Locations, Types, Inspection, and
Maintenance Requirement.
(21) General Requirement Reference and Sources: NFPA Fire Codes Nos. 10, lOA,
10],11, 11A, 12, 12A.
11 - 9
City of Newport
Chapter" 11 Housing and Bnildings
(b) Multiple Dwellings.
1. All areas throughout the building shall be protected.
(1) ABC "multipurpose" extinguisher to be placed in each required
standpipe cabinet, minimum size - 5 lbs.
2. Alternate requirement: The provisions of Chapter 63, Minnesota Laws of
1974, being Minnesota Statutes Annotated 299F.36.
3. One (1) ABC "multipurpose" dry chemical extinguisher for boiler, furnace or
electrical rooms, minimum size - 10 lbs.
(e) Retail - Commercial Establishments.
1. Retail Sales Areas: All areas to be protected at the rate of coverage of one (1)
10 lb. ABC multipurpose extinguisher for every 9,000 sq. ft. Alternate
Extinguisher: 2-1/2 gallon pressurized water, if conditions permit.
2. All boiler, furnace and electrical rooms shall be protected with minimum 10
lb. ABC extinguishers.
3. Special consideration shall be provided in commercial kitchens with fixed
fire protection systems.
(d) All extinguishers shall be clearly identified with their class use.
(e) All extinguisher locations shall be clearly labeled or identified.
(l) Maximum distances to be traveled to extinguishers shall be 75 feet.
(g) Extinguishers under 40 lbs. shall be installed with top of extinguishers not
more than 5 feet above floor level.
(h) Extinguishers over 40 lbs. shall be installed with top not more than 3-1/2 feet
above floor level.
(i) Extinguisher Servicing.
1. All extinguishers shall be periodically checked, tested, and serviced not less
than once a year.
2. Only qualified and licensed personnel shall be accepted as servicing agents.
3. Hydrostatic testing shall be performed in accordance with NFPA Table 18 -
SA, NFPA Handbook, Pages 18-48 and NFPA Table A-3---, Pages 10-23.
4. Extinguishers shall be serviced and refilled after each use.
11 - 10
City of Newport
Chapter 11 Housing and Buildings
1120.05 Appeals. Whenever the Chief shall disapprove an application or refuse to grant
a permit applied for or when it is claimed that the provisions of the Code do not apply or
that the true intent and meaning of the Code have been misconstrued or wrongly
interpreted, the applicant may appeal from the decision of the Chief to the Board of
Appeals, as designated in the Code, within 30 days from the date of the decision appealed.
1120.06 Balconies and Decks in Multiple Family Dwellings. No open flame, charcoal
or gas grill, oven, or any other device requiring oxidation to produce heat for cooking, or
any other purpose, may be used at any time on any deck, balcony other similar area in
any multi-story, multiple family dwelling within the City.
Section 1130 - Swimming Pools
1130.01 Definition. As used in this Chapter, the term "Swimming Pools" shall include
any enclosure, above or below grade, having a water surface area exceeding 150 square
feet and a water depth greater than 36 inches at any point.
1130.02 Building Permit.
Subd. 1 Permit Required. No swimming pool shall be constructed, excavated or
erected within the City without first obtaining a building permit.
Subd. 2 Application. The application for a building permit shall include:
A. The type and size of pool.
B. A site plan indicating the following: Location of pool; location of house, garage,
fencing and other improvements on the lot; location of filter unit, pump, and
wiring, indicating the type of such units; location of structures on adjacent lots;
location of back-flush and drainage outlets; grading plan, finished elevations and
final treatment (decking, landscaping, etc.) around pool; location of existing
overhead or underground wiring, utility easements, trees and similar features;
location of any water heating unit.
1130.03 Fences and Gates. All swimming pools to be constructed or which have
already been constructed shall, before any water is placed in the pool, be completely
surrounded by a fence or wall not less than 4'0" feet in height, nor more than 6'0" in
height, which shall be so constructed as not to have openings, holes or gaps larger than
four inches in either vertical or horizontal direction, except for doors and gates. The fence
shall be of a type not readily climbed by children. A dwelling house or accessory building
may be used as part of the enclosure. An above-ground pool with a wall greater than 4'0"
feet in height shall not require a fence if the wall cannot be readily climbed by children.
All gates or doors opening through the enclosure shall be equipped with a self-closing and
self-latching device for keeping the gate or door securely closed at all times when not in
actual use and be provided with hardware for permanent locking devices, except that the
door of any dwelling which forms a part of the enclosure need not be so equipped. Pool
gates shall be locked when the pool is not in use.
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City of Newport
Chapter 11 Housing and Buildings
1130.04 Private Swimming Pool- Regulations.
Subd. 1 Location. Pools shall not be located within ten feet of any side or rear lot line
nor within SLX feet of any principal structure or frost footing. Pools shall not be
located within any required front yard. Pools shall not be located beneath overhead
utility lines, nor over underground utility lines, nor located within ten feet of any
private or public utility, walkway, drainage or other easement.
Subd. 2 Underground Pools. In the case of underground pools, the following
precautions shall be taken during construction, to:
A. Avoid damage, hazards, or inconvenience to nearby or adjacent property.
B. Assure that proper care shall be taken in stockpiling excavated material to
avoid erosion, dust, or other infringements upon adjacent property.
Subd. 3 Access. All access for construction shall be over the owner's land and due
care shall be taken to avoid damage to public streets and adjacent private or public
property.
Subd. 4 Drainage. To the extent feasible, bade-flush water or water from pool
drainage shall be directed onto the owner's property or into approved public drainage
ways. Water shall not drain onto adjacent or nearby private land.
Subd. 5 Equipment. The filter unit, pump, heating unit, and any other noise-making
mechanical equipment shall be located at least fifty feet from any adjacent residential
structure and not closer than ten feet to any lot line.
Subd. 6 Lighting. Lighting for the pool shall be directed toward the pool and not
toward adjacent property.
Subd. 7 Water Quality. Water in the pool shall be maintained in a suitable manner
to avoid health hazards of any type. Such water shall be subject to periodic inspection
by the City Health Officer.
Subd. 8 Inspection. All wiring, installation of heating units, grading, installation of
pipes. and all other installations and construction shall be subject to inspection by
City Inspectors and pursuant to all applicable regulations.
Subd. 9 Variance. Any proposed deviation from these standards and requirements
shall require a variance in accordance with normal zoning procedures.
Subd. 10Nuisances. Nuisances such as undue noise, lighting of adjacent property,
health and safety hazards, damage to nearby vegetation, and the like, shall not be
permitted.
Subd. 11 Public Utilities. Filling the pools from fire hydrants or other public facilities
or drainage of pools into public streets or other public drainage ways shall require
11 -12
City of Newport
Chapter 11 Housing and Buildings
permission of the Council.
Subd. 12 Life-Saving Equipment. Life-saving equipment consisting of at least (a) one
ring buoy not more than 15 inches in diameter to which shall be attached a rope
3/16" in diameter and of a length at least equal to the greatest dimension of the
swimming pool, and (b) one life pole, or shepherd's crook type of pole, at least 10 feet
long and having blunted ends, shall be provided.
1130.05
Multiple Family Dwellings.
Subd. 1 Special Regulations. Swimming pools intended for and used by the
occupants of a multiple family dwelling containing more than 2 units, and guests of
the occu pants of the dwelling, shall adhere to the following regulations in addition to
other regulations in this Section.
Subd. 2 Setbacks. No part of the water surface of the swimming pool nor any pumps,
filtcr or other apparatus used in connection with or to service a swimming pool shall
be located less than fifty feet from any lot line. All deck area, adjacent patios, and
other similar areas used in conjunction with the swimming pool shall be located at
least thirty feet from any lot line in an adjacent Single Family District.
Subd. 3 Enclosure. The pool area shall be adequately fenced to prevent uncontrolled
access from the street or adjacent property. Adequate screening, including, but not
limitcd to, landscaping shall be placed between the pool area and adjacent Single
Family District lot lines.
1130.06 Fees. The fee for a permit for swimming pools as regulated in this Section
shall be as established from time to time by the Council. The owner of all pools
constructed with the City shall, between the 1st day of June and the 10th day of June each
year, file with the Clerk-Administrator an affidavit attesting to the fact that any pool owned
by the applicant is in compliance with all the provisions of this Section.
Note: The follov.ing Section has been added to incorporate Ordinance 1007 submitted by
the City. It is also to be referenced in the zoning chapter.
Section 1140 - Housing Standards
1140.01 Basements. All single-family and two-family residences, including
manufactured housing commonly known as mobile homes, constructed in or moved into
the City following the adoption of this Code shall be constructed or placed upon a full
basement constructed in compliance with the State Building Code as adopted by this
Chapter.
1140.02 Mobile Homes. All manufactured homes commonly lmown as mobile homes,
when permitted within the City pursuant to this Code, shall meet or exceed the
current Federal Mobile Home Construction and Safety Standards, or other
applicable standards for manufactured housing, in effect at the time the mobile
is brought into the City.
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City of NCWPOI-t
Chapter 11 Housing and Buildings
1150.01 Heritage Preservation Ordinance Adopted.
THE CITY COUNCIL OF THE CITY OF NEWPORT ORDAINS:
Subdivision 1. STATUTORY AUTHORIZATION: The legislature of the State of
Minnesota has, in Minnesota Statutes Chapter 471.93 and Minnesota Statutes
Chapter 138.17 authorized local government units to adopt regulations establishing a
heritage preservation ordinance.
Subdivision
2. HERITAGE PRESERVATION COMMITTEE
1. Declaration of Public Policy and Purpose
The Council of the City of Newport hereby declares as a matter of
public policy that the preservation, protection, perpetuation and
use of areas, places, buildings, structures and other objects having
a special historical, community or aesthetic interest or
Value is a public necessity and is required in the
interest of the health, prosperity, safety and welfare of
the community. The purposes of this Ordinance are
to:
(a) Safeguard the heritage of the City of
Newport by preserving sites and structures
which reflect elements of the City's
cultural, social, economic, political, visual
or architectural history;
(b) Protect and enhance the City of Newport's
appeal and attraction to residents, visitors
and tourists and serve as a support and
stimulus to business and industry;
(c) Enhance the visual and aesthetic
character, diversity and interest of the
City of Newport;
(d) Foster civic pride in the beauty and
notable accomplishments of the past, and
(e) Promote the preservation and continued
use of historic sites and structures for the
education and general welfare of the
people of the City of Newport.
2. Definitions.
The following shall have the meanings shown:
(a) "Heritage Preservation Commission" shall
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City of Newport
Chapter 11 Housing and Buildings
mean the Newport Heritage Preservation
Commission appointed by the City
Council as delineated in this Ordinance.
members shall be adult residents of
the City with a demonstrated interest in
historic preservation, history,
anthropology, architecture, archeology, or
art history. One member of the Historical
Preservation Committee shall be a
designated representative of the
Washington County Historical Society.
Voting
(b) "Newport Heritage Landmark" shall mean
any area, place, building, structure,
lands, districts, or other objects which
have been designated Newport Heritage
Landmark pursuant to Subdivision
4, Section F of this Ordinance.
(c) "Survey" shall mean identification and
evaluation of historic properties.
3. Heritage Preservation Commission Established.
(a) Members. There is hereby created and
established a City of Newport Heritage
Preservation Commission, hereinafter the
"Commission," which shall consist of
seven (7) voting members and three (3)
non-voting ex-officio members to be
appointed by the Mayor, by and with the
advice and consent of the City Council.
Commission and the City Planner and the
representative of the Washington County
Historical Society shall be ex-officio non-
voting members of the Commission.
(b) Term. The Mayor and Council shall
initially designate two appointees to serve a term of
one year, two appointees to serve a term of two years,
and three appointees to serve terms of three years. All
subsequent appointments shall be for a term of three
years. Members may be reappointed for consecutive
terms. In the event of a vacancy, the vacancy of the
unexpired term shall be filled in the same manner as
the appointment is made. Non-voting members shall
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City of Newport
Chapter 11 Housing and Buildings
be appointed annually by the Mayor and Council at
the annual City Council Meeting. Members shall serve
without compensation and shall continue to hold
office until their successors have been appointed.
(c) Organization. The Heritage Preservation
Commission when formed shall elect from
its members, such officers as it may deem
necessary. The Heritage Preservation Commission
shall have the power to designate and appoint from
its members various committees. The Heritage
Preservation Commission shall mal,e such bylaws as
it may deem advisable and necessary for the conduct
of its affairs, for the purpose of carrying out the
intent of this Ordinance, which are not inconsistent
with the laws of the City of Newport and the State of
Minnesota. The Commission shall make an annual
report, containing a statement of its activities and
plans to the City Council.
(d) Program Assistance. To accomplish the
intent and purpose of this Ordinance, the
City of Newport's Administrator may
provide the Heritage Preservation
Commission with staff support, as staffing
becomes available.
4. Designation of Newport Heritage Landmarks.
(a) Reports. The City Council, upon the
request of the Heritage Preservation Commission,
may direct the City Administrator to schedule staff
to prepare studies which inventory buildings, land,
areas, districts, or other objects to be considered
for designation as a Newport Heritage Landmark.
(b) Criteria. The Heritage Preservation
Commission shall recommend to the
City Council areas, buildings,
districts, or objects to be permanently
designated Newport Heritage
Landmarks. In considering the
designation of Newport Heritage
Landmarks, the Heritage Preservation
Commission shall apply the following
criteria:
(1) The express willingness of the
property owner to have his or her property
11 - 16
City of Newport Chapter 11 Housing and Buildings
designated, with the understanding that the
process shall be discontinued if the property
owner wants to decline historical
designation for his or her property.
(2) Its character, interest of value
as part of the development heritage or
cultural characteristics of the City of
Newport, State of Minnesota, or the United
States.
(3) Its location as a site of
significant historic event.
(4) Its identification with a
person or persons who
significantly contributed to
the culture and development
of the City of Newport.
(5) Its embodiment of distinguishing
characteristics of an
architectural style, period,
form or treatment.
(6) Its identification as work of an
architect or master builder
whose individual work has
influenced the development of
the City of Newport.
(7) Its embodiment of elements of
architectural design, detail,
materials, or craftsmanship
which represent a significant
architectural innovation.
(8) Its unique location or singular
physical characteristic
representing an established
and familiar visual feature of a
neighborhood, community, or
the City of Newport.
(9) Its scientific value or research
potential as an archaeological
site.
(c) Heritage Preservation Commission Review. The
Heritage Preservation Commission shall advise the
City Council of the proposed designation of a
Newport Heritage Landmark, including boundaries.
(d) Communications with State Historical
Society. A copy of the Heritage
Preservation Commission's proposed
designation of a Newport Heritage
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City of Newport
Chapter 11 Housing and Buildings
Landmark, including boundaries, and a
program for the preservation of a
Newport Heritage Landmark shall be sent
to the State Historical Society in
accordance with Minnesota Statutes.
(e) Hearings. Prior to the Heritage
Preservation Commission recommending
to the City Council any building, district,
or object for designation as a Newport
Heritage Landmark, the Heritage
Preservation Commission shall hold a
public hearing and seek the
recommendations of all concerned
citizens. Prior to such hearing the
Heritage Preservation Commission shall
cause to be published in a newspaper of
general circulation notice of the hearing
at least thirty (30) days prior to the date
of the hearing, and notice of the hearing
shall be sent to all owners of the property
proposed to be designated a Newport
Heritage Landmark and to all property
owners within three hundred (300) feet of
the boundary of the area to be designated
a Newport Heritage Landmark.
(f) Findings and Recommendations. The
Heritage Preservation Commission shall
determine if the proposed Newport
Heritage Landmark is eligible for
designation as determined by the
criteria specified in part 48, Numbers 1
through 9 of this subdivision, and if the
Heritage Preservation Commission
recommends to the City Preservation
site, the Heritage Preservation
Commission shall transmit to the City
Council with its recommendation its
proposed program for the preservation of
the site.
(g) Council Designation, Hearings. The
City Council, upon the request of the
Heritage Preservation Commission, may
by resolution designate a Newport
Heritage Landmark.
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City of NeWpol-t
Chapter 11 Housing and Buildings
5. Additional Powers and Duties of the Heritage
Preservation Commission.
The Heritage Preservation Commission shall have the
following powers and duties in addition to those otherwise
specified in this Ordinance:
(a) The Heritage Preservation Commission
shall conduct a continuing survev of all
areas, places, buildings, structures, or
objects in the City of Newport which the
Heritage Preservation Commission, on the
basis of information available or
presented to it, has reason to believe are
significant to the culture, social,
economic, political, or architectural
history of the City of Newport.
(b) The Heritage Preservation Commission
shall continually survev all of the areas
to determine needed and desirable
improvements of older buildings
throughout the City of Newport, acting in
a resource and advisory capacity to
owners of historically significant sites
regarding their preservation,
restoration, and rehabilitation.
(c) The Heritage Preservation Commission
shall work for the continuing education
of the citizens of the City of Newport with
respect to the history, archeology,
architectural, and cultural heritage of the
City. It shall keep current a public
register of designated and proposed
Newport Heritage Landmarks and areas
along with the plans and programs that
pertain to them.
(d) The Heritage Preservation Commission
may recommend to the City Council the
acceptance of gifts and contributions to
be made to the City and to assist the City
Staff in the preparation of applications for
grant funds to be made through the City
for the purpose of Heritage Preservation.
Any contributions or gifts will be
expended in the manner provided through
the fiscal policy of the City of Newport.
II - 19
City of Newport
Chaptel' 11 Housing and Buildings
(e)
The Heritage Preservation Commission
may on a continuing basis collect and
review certain City planning and
development records, documents,
studies, models, maps, plans, and
drawings to be entered into the Public
Library Historical Archives as a
permanent record of City of Newport
history and development.
(I)
The Heritage Preservation Commission
shall mal<e no application to the National
Register or to the State of Minnesota for
the designation of a historic site or
district without the consent of the City
Council .
6. Review of Permits.
(a) Citv Activitv. The Heritage Preservation
Commission shall review and make
recommendations to the City Council
concerning City activity that could
change the nature or appearance of a
Heritage Preservation Site.
(b) Review of Permits. The Heritage Preser-
vation Commission shall review and
mal<e recommendations to the City
Council concerning applications for city
permits that may result in changes in the
nature or appearance of a designated
Newport Heritage Landmark. No city
permit will be issued for demolition,
moving a building, or new construction
in relation to a Newport Heritage
Landmark without a Certificate of
Appropriateness from the Heritage
Preservation Commission.
(c) Permit Review Guidelines. The Secretary
of Interiors standards and guidelines for archeology
and historic preservation shall be the authoritative
guide for permit review decisions.
7. Appeal to the City Council.
The permit applicant or any party aggrieved by the
decision of the Heritage Preservation Commission shall, within ten
(10) days of the date of the Heritage Preservation Commission's
order and
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City of Newport
Chapter 11 Housing and Buildings
decision, have a right to appeal such order and decision to the City
Council. The appeal shall be deemed perfected upon receipt by the
City Administrator of two copies of a notice of appeal and
statement setting forth the grounds for the appeal. The City
Administrator shall transmit one copy of the notice of appeal and
statement to the City Council and one copy to the Heritage
Preservation Commission. The Heritage Preservation Commission,
in recommending denial of a permit, shall advise the applicant of
his/her right to appeal to the City Council and include this
paragraph in all such orders.
8. Repository for Documents.
The Office of the City Administrator is designated as the repository
for at least one copy of all studies, reports, recommendations and
programs required under this Ordinance.
9. Recording of Newport Heritage Landmark.
The Office of the City Administrator shall record with
the Washington County Recorder or the Washington
County Registrar of Titles the legal description of all
buildings, lands or areas designated as Newport
Heritage Landmark by the Newport City Council and
shall transmit a copy of said legal descriptions to
the Building Inspection Department.
Subdivision 3. This Ordinance shall be in full force and effect from and after
its passage and publication according to law.
CITY OF NEWPORT
ORDINANCE NO. 2005-1
AN ORDINANCE FOR THE CITY OF NEWPORT, MINNESOTA, AMMENDING
CHAPTER 11, HOUSING AND BUILDINGS ORDINANCE OF THE CITY CODE
ADDING SECTION 1160, RENTAL DWELLING UNIT REGISTRATION
Section 1160 - Rental Dwelling Unit Registration
The City of Newport, Minnesota, by its City Council acting at its regularly scheduled
meeting on March 17 , 2005 hereby ORDAINS:
1160.01. The following shall apply to dwellings, dwelling units, housekeeping units,
rooming units, rental units and premises located within the city, except that it shall
not apply to suites and sleeping rooms in hotels which are let to the public for periods
of less than one week nor to common areas in such hotels.
1160.02. Purpose and Intent.
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City of Newport
Chapter 11 Housing and Buildings
Subd. 1 Purpose: The purpose of this chapter is to protect the public health,
safety and the general welfare of the rental population of the City. These general
objectives include, among others, the following:
A. To maintain a quality character and stability of rental dwelling units within
the City.
B. To correct and prevent rental housing conditions that adversely affect or are
likely to adversely affect the life, safety, general welfare and health of
persons occupying rental dwellings within the City.
C. To provide minimum standards for cooking, heating and sanitary equipment
necessary to the health and safety of occupants of rental buildings.
D. To provide minimum standards of light and ventilation necessary to health
and safety.
E. To provide minimum standards for the maintenance of existing rental
buildings, and to thus prevent slums and blight.
F. To preserve the value of land and buildings throughout the City.
G. To help owners and landlords by allowing landlords to enter problem units
and prevent overcrowding of units.
Subd. 2 Intent: It is not the intention of the City Council to intrude upon the
fair and accepted contractual relationship between tenant and landlord. The
City Council shall not intervene as an advocate of either party, nor to act as an
arbiter, nor to be receptive to complaints from tenant or landlord, which are not
specifically and clearly relevant to the provisions of this chapter.
Subd. 3 Application of Requirements: Every rental dwelling unit and its
premises used in whole or in part as a home or residence, or as an accessory
structure thereof, for a single-family or person, shall conform to the
requirements of this chapter, irrespective of when such building may have been
constructed, altered or repaired. This chapter establishes minimum standards
for erected rental dwelling units, accessory structures and related premises.
1160.03 Rental Dwelling Unit Registration Certificate--Requirement.
Unless an owner has applied for and received a registration certificate as provided
herein, no rental dwelling unit shall be used or occupied until the Zoning
Administrator, or his or her designee or designees, has issued a rental dwelling unit
registration certificate as provided herein. It shall be a misdemeanor to rent or lease,
11 - 22
City of Newport
Chapter 11 Housing and Buildings
or permit the occupancy of, a rental dwelling unit which does not have a rental
dwelling unit registration certificate. Notwithstanding any other provision of this
section, such section does not apply to or cover any dwelling which is occupied and
used for the purposes of a homestead by its owner.
1160.04 Definitions.
Unless otherwise expressly stated, the following terms shall, for the purpose of this
chapter, have the meanings indicated in this section.
Subd. 1 "Dwelling" is any one- or two- or multi-family structure which is not
owner-occupied and homesteaded, and includes both the building or structure
and the land upon which it is located, as well as accessory use structures.
Subd. 2 "Family" is any number of individuals related by blood, legal adoption
or marriage, or four (4) or less unrelated individuals living together in a single
housekeeping unit, as distinguished from a group occupying a boarding house,
lodging house, licensed residential care facility, or hotel as herein described.
Subd. 3 "Minimum Standards" is any federal, state, or local building code
currently in place or adhered to, including but not limited to Chapter 8, Section
811 Building and Property Maintenance of this code of ordinances.
Subd. 4 "Owner" is the person, firm, corporation or other entity listed in the
records on file in the recorder's office as holding fee title to the dwelling, and
includes the owner's authorized agent.
Subd. 5 The "Recorder's Office" is the Washington County Department or
Division which maintains title and property records, and any successor agency
or department thereof.
Subd. 6 "Rental Dwelling Unit" is any room or rooms, or space, in any dwelling
designed or used for residential occupancy by one (1) or more persons who are
not the ovmer or a member of the owner's family.
Subd. 7 "Residential Occupancy" is occupancy in a building or portion thereof,
for residential purposes, used or intended to be used for living, sleeping, and
cooking or eating purposes.
Subd. 8 "Safety Code" or "Safety Codes" include any fire, housing, health,
safety or other similar code, law and ordinance, promulgated or enacted by the
United States, the State of Minnesota, the County of Washington and the City of
Newport, or any lawful agency or department thereof, which are applicable to a
dwelling in such city.
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City of Newpo\'t
Chapter 11 Housing and Buildings
Subd. 9 The "Zoning Administrator" is the City Administrator of the City of
Ne'^'Port as provided for in this Code of Ordinances, or his or her designee or
designees, and shall include any enforcement officer under his or her
supervision or direction, or other duly authorized representative.
1160.05 Rental Dwelling Unit Registration Certificate.
Subd. 1 The owner of each dwelling in which there is a rental dwelling unit and
who wishes to continue to rent or allow residential occupancy of such unit shall
make a written application to the Zoning Administrator, on an approved form
furnished by the same, for a rental dwelling unit registration certificate to allow
the use or occupancy of the said rental dwelling unit. The Zoning Administrator
may require such information as will permit effective enforcement of this
chapter, including but not limited to:
A. A description of the premises;
B. The name, address and telephone numbers of the owner, owners
or responsible party of the property; and
C. The name, address and telephone number of any mortgage holder
or provider of financing for the property.
D. The name, address and telephone number of the refuse removal
person or company which supplies refuse removal services for the
rental dwelling unit.
Subd. 2 The Zoning Administrator, or his or her designee or designees, shall
issue a certificate to the owner of the rental dwelling unit who has submitted a
complete application and paid the applicable fees. A certificate is subject to
renewal every year. Such rental dwelling unit is subject to inspection as
provided herein, and to suspension, revocation or denial as provided herein.
Subd. 3 Notwithstanding any other provision to the contrary, the Zoning
Administrator, or his or her designee or designees, shall issue a rental dwelling
unit registration certificate for a building or structure which has been deemed a
vacant building and then has upon inspection received a certificate of code
compliance within the previous twelve-month period.
1160.06 Suspension, Revocation and Denial.
Subd. 1 The Zoning Administrator, or his or her designee or designees, may, in
writing, issue a notice to the owner or owners of the City's intent to suspend or
11 - 24
City of Newport
Chapter' 11 Housing and Buildings
revoke a rental dwelling unit registration certificate or deny an application
therefor:
A. Whenever the certificate was issued in error or on the basis of
incorrect information supplied;
B. When it is determined by the Zoning Administrator, or his or her
designee or designees, that the dwelling unit constitutes a
nuisance as described in the Newport City Code, or is in violation
of any ordinance or regulation or any provision of the Newport City
Code;
C. When the owner has submitted a false, incomplete or inaccurate
statement as part of the application for a certificate;
D. If the owner has failed or refused to pay fees to the city for
inspections or certificates;
E. If the dwelling excessively consumes city services, or if the owner
has failed to pay fees due under ordinances relating to the
excessive consumption of police and/ or inspection services;
F. If it is found, upon any inspection by the Zoning Administrator, or
his or her designee or designees, that any rental dwelling unit does
not conform to the requirements of applicable safety codes;
G. If the building or structure containing a rental dwelling unit is
deemed a vacant building.
Subd. 2 A notice of the intent to suspend, revoke or deny shall state:
A. The specific reason(s) for the city's intent to suspend, revoke or
deny; and
B. That the Zoning Administrator has referred the matter to the City
Council with a recommendation to revoke, suspend or deny; and
C. That the City Council will revoke, suspend or deny unless the
owner or owners appeal the notice within fifteen (15) days of the
date on the notice and in the manner provided within the Newport
City Code, Chapter 1310, Section 1310.03; and
11 - 25
City of Newport
Chapter 11 Housing and Buildings
D.
That after the City Council's decision to revoke, suspend or deny
the rental dwelling certificate, the rental dwelling unit for which it
was issued shall not again be used or occupied as a rental
dwelling unit or for residential occupancy until such time as the
said certificate is issued or renewed following inspection and a
determination by the Zoning Administrator, or his or her designee
or designees, that the said rental dwelling unit is in compliance
with applicable codes under the jurisdiction of the Zoning
Administrator; and
E.
How an appeal may be filed under the Newport City Code, Chapter
1310, Section 1310.03.
Subd. 3 The notice shall be served by first class mail to the owner or owners.
Subd. 4 If a rental dwelling unit registration certificate is suspended, revoked,
or denied the rental dwelling unit for which it was issued shall not again be
used or occupied as a rental dwelling unit or for residential occupancy until
such time as the said certificate is renewed following inspection and a
determination by the director that the said rental dwelling unit is in compliance
with applicable safety codes.
1160.07 Inspections.
Subd. 1 Inspection criteria. The Zoning Administrator, or his or her designee or
designees, may inspect any rental dwelling unit if it falls within one (1) or more
of the following criteria:
A. Such unit has been abandoned by the owner for more than sixty
(60) days, or the owner of such unit cannot be found;
B. The rental dwelling unit registration certificate has been
suspended, revoked or denied;
C. The rental dwelling unit has had three (3) exterior inspections
within a one (1) year period or an excessive amount of exterior
inspections, as determined by the Zoning Administrator, or his or
her designee or designees, during any given period;
D. An excessive consumption of exterior inspection services fee, as
determined by the Zoning Administrator, has been imposed or
billed as a result of enforcement activity;
11 - 26
City of Newport
E.
F.
G.
Chaptel' 11 Housing and Buildings
Water, gas or electric service to such unit has been discontinued
as a result of nonpayment for more than thirty (30) continuous
days;
The unit is on a parcel of land which is on the list of delinquent
ta'Ces filed by the county auditor with the court administrator of
the district court pursuant to Minn. Stat. 8279.05;
The unit or the property within which the unit is located has,
within the preceding three (3) months, been the subject of a
written petition filed ,vith the office of city clerk by any district
council, which petition requests that such unit be inspected and is
signed by three (3) or more persons having personal knowledge of
the unit or property, stating one (1) or more reasons why such unit
should be inspected by the city;
H.
The Zoning Administrator, or his or her designee or designees, has
probable cause to believe that there exists within such unit one (1)
or more violations of safety codes which constitute a serious
danger to the health, safety and welfare of persons living in such
unit, or which would mal~e the unit or structure in which the unit
was located a dangerous structure or unfit for human habitation;
or
1.
The unit or the property within which the unit is located has,
within the preceding six (6) months, received a renewal certificate
based upon a suspension or revocation.
Subd. 2 The Zoning Administrator, or his or her designee or designees, is
hereby authorized, in conformity with this section, to inspect all rental dwelling
units to enforce this section and all applicable safety codes.
Subd. 3 The Zoning Administrator, or his or her designee or designees, is
authorized, in conformity with this section, to inspect all rental dwelling units in
dwellings, whether having a registration certificate hereunder or not. The
inspection may include the building or structure containing the rental dwelling
unit, the land upon which it is located and accessory uses or structures related
to the rental dwelling unit. All inspections authorized by this section shall be
limited to those which are done for the purpose of seeking compliance with
applicable safety codes, and shall tal<e place only at reasonable hours or as may
otherwise be agreed upon by the owner and the Zoning Administrator, or his or
her designee or designees.
11 - 27
City of Newport
Chapter 11 Housing and Buildings
Subd. 4 Notice of violations. The Zoning Administrator, or his or her designee
or designees, shall give notice to the owner of any violations of the applicable
safety codes, which are discovered during any inspection.
CITY OF NEWPORT
ORDINANCE NO. 2005-4
AN ORDINANCE AMENDING CHAPTER 11: HOUSING AND BUILDINGS; SECTION
1160 RENTAL DWELLING UNIT REGISTRATION; SUBSECTION 1160.07; SUBD. 1
OF THE CITY CODE OF THE CITY OF NEWPORT ADDING INSPECTION CRITIERA
The City of Newport, Minnesota, hereby ORDAINS:
That Section 1160 of the Newport City Code shall be amended by inserting the
following language within Section 1160.07:
Section 1160.07. Subd. 5. Safety and Health Criteria to Be Used in Rental
Inspections. In addition to any other criteria expressly authorized by law, the Zoning
Administrator and/or his designee shall be permitted to establish use such additional
rules or safety criteria as may be in the interest of the health and safety of the citizens
in rental housing located within the City. A list of the specific criteria to be utilized in
such rental inspections as are not otherwise expressly required by the laws of the
State of Minnesota or ordinances of the City of Newport shall be published and
fumished on request to any person or persons at City Hall during normal business
hours, or with any application for a rental license or rental license renewal with the
City.
Effective Date:
Now Be It Resolved that this Ordinance amendment shall be in full force and effect
from after its passage, approval, and publication as provided by law.
Adopted this 21st day of July 2005.
1160.08 Regulations.
Subd. 1 Notice by owner. The owner of a rental dwelling unit for which a rental
dwelling unit registration certificate has been issued is under a continuing
obligation to give written notice to the Zoning Administrator, or his or her
designee or designees, of any changes in the information supplied as part of the
application for the certificate. This includes any changes or modifications of
ownership of the said unit, and conversions of the said unit either to a
nonrental use or to a nonresidential use.
Subd. 2 A new o\vner of a rental dwelling unit shall file with the Zoning
Administrator, or his or her designee or designees, a written application for a
11 - 28
City of Newport
Chaptel' 11 Housing and Buildings
new certificate under this section if such dwelling unit is still being used or
occupied under an existing certificate. Such application shall be filed within
thirty (30) days after such new owner acquires an interest in the rental dwelling
unit whether or not such interest has been recorded.
Subd. 3 Change of use. If the use of a rental dwelling unit subject to this
chapter changes from a rental dwelling unit or is not used for residential
occupancy, it shall immediately be required to meet all requirements of law,
including the requirement for a certificate of occupancy before being used for
such new or changed use.
1160.09 Fees.
Subd. 1 All fees for rental licenses shall be established annually by resolution of
the City Council. All licenses shall be issued annually and shall expire on
December 31 immediately following the date of issuance. An application for
license renewal must be filed at least sixty (60) days prior to the license
expiration date and aTe due upon the new rentals of a dwelling unit. Upon
failure to comply with this provision, the annual renewal registration fee shall
be increased by fifty percent (50%) when fifteen (15) calendaI' days late.
Subd. 2 All inspections shall be staggered and conducted every 3 yeaI'S, and
whenever necessary as provided in this Chapter.
1160.10 Exemptions.
Subd. 1 Dwellings ovmed by the public housing agency of the city and county
(NEDA and Washington County HRA) shall be exempt from the registration and
fee provisions of this chapter. The NEDA and WCHRA will provide an annual list
of NEDA and WCHRA-O\vned dwellings to the Zoning Administrator. The data
disseminated as paI't of such list shall have the same classification in the hands
of the city through the Zoning Administrator as it had in the hands of the NEDA
or WCHRA.
Subd. 2 Establishments, having rooms or facilities which would be covered by
the definition of a rental dwelling unit, which aI'e licensed by the city under
other provisions of the Newport City Code, are exempt from the provisions of this
chapter if such establishments and the rental dwelling units therein aI'e
required to comply with applicable safety codes as a condition or requirement of
licensure.
1160.11 Illegal Occupancy.
11 - 29
City of Newpol't
Chapter 11 Housing and Buildings
No person shall occupy, use or reside in a rental dwelling unit, which does not have a
rental dwelling unit registration certificate. Any unit or structure which is so occupied,
used or resided in shall be an unlawful structure. Such illegal occupancy also
constitutes a hazard to the health, safety or welfare of the occupants and the public,
and may be condemned by the appropriate enforcement officer.
1160.12 Penalty.
Notwithstanding the lack of a specific reference thereto, a violation of, or failure to
comply with any provision or requirement in this section shall be a misdemeanor and
shall be subject to the provisions of the Newport City Code and applicable state
statutes. This section is a part of the city health, safety, housing, building, fire
prevention and housing maintenance codes, and a violation thereof shall be deemed to
be a violation for purposes of state statutes allowing escrow of rent to remedy
violations.
1160.13 Applicability of other Laws.
Nothing in this section is intended to waive, replace or amend the applicability or
enforcement of any other law, ordinance or regulation applicable to residential
dwellings, including but not limited to, zoning, nuisance abatement, or licensing
ordinances.
1160.14 Conflict of Ordinance.
In any case where a provision of this Chapter is found to be in conflict with a provision
of any zoning, building, fire, safety, or health ordinance or code in this City, the
provision which establishes the higher standard for the promotion and protection of
the health and safety of the people shall prevail. In any case where a provision of this
Chapter is found to be in conflict with a provision of any other ordinance or code of the
City existing on the effective date of this Chapter which established a lower standard
for the promotion and protection of the health and safety of the people, the provision
of this Chapter shall be deemed to prevail. The City shall mal{e the determination of
the applicability of this Chapter, in light of the above rules of interpretation, and its
determination shall be final.
1160.15 Effective Date
1. This ordinance is effective the day following its publication.
2. Adopted by the City Council of the City of Newport, MN this 17th day of
March 2005.
11 - 30
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MN Statute 504B,205 RESIDENTIAL TENANT'S RIGHT TO SEEK POLICE AND EMERGENCY
ASSISTANCE,
Subdivision 1. Definitions. In this section. "Domestic abusel1 has the meaning given in
section 5l8B,O I, subdivision 2,
Subd, 2, Emergency calls permitted, (a) A landlord may not:
(1) bar or limit a residential tenanfs right to call for police or emergency assistance in
response to domestic abuse or any other conduct: or
(2) impose a penalty on a residential tenant for calling for police or emergency assistance in
response to domestic abuse or any otber conduct.
(b) A residential tenant may not waive and a landlord may not require tbe residential tenant
to waive the residential tenant's right to call for police or emergency assistance.
Subd, 3, Local preemption, Tbis section preempts any inconsistent local ordinance or rule
including, without limitation, any ordinance or rule that:
(I) requires an eviction after a specified number of calls by a residential tenant for police or
emergency. assistance in response to domestic abuse or any other conduct: or
(2) providcs that calls by a residential tenant for police or emergency assistance in response
to domestic abuse or any other conduct may be used to penalize or charge a fee to a landlord,
This subdivision shall not otherwise preempt any local ordinance or rule that penalizes a
landlord for. or requires a landlord to abate, conduct on the premises that constitutes a nuisance or
other disorderly conduct as defined by local ordinance or rule,
Subd, 4, Residential tenant responsibility, This section shall not be construed to condone
or permit any breach of a lease or of law by a residential tenant including, but not limited to,
disturbing the peace and quiet of other tenants, damage to property, and disorderly conduct.
Subd, 5, Residential tenant remedies, A residential tenant may bring a civil action for a
violation of this section and recover from the landlord $250 or actual damages, whichever is
greater. and reasonable anorneyts fees.
Subd, 6, Attorney general authority, The attorney general has authority under section 8.3 I
to investigate and prosecute violations of this section.
History: /999 c /99 ar! / s 12
State Statutes Regarding Rental Housing
Chapter 412 - General powers for statutory cities, Allows cities to define nuisances, noise and
disorder, and provide for their abatement or prevention. Also allo'Ns the city to provide for the general
welfare of the city,
Chapter 463: Hazardous and substandard buildings, Allows city to remove or fix hazardous real estate,
and charge cost to owner.
Chapter 617: General Nuisance laws - defines nuisances, allows cities to prosecute, allows landlords
to work with cities on an abatement plan,
Chapter 504B,395 - Tenant's remedy act - lets cities and tenants bring action against owner
Chapter 504B.425 - Judgment for Tenant remedies act -lets courts force owners to fix situations,
Chapter 504B,181 - Disclosure of OW11er contact infoID1ation - requires contact info to be posted so
tenants know who to contact if problems,
Chapter 504B,391 - Fines and penalties for violation of building repair orders made by courts,
Chapter 561.0 I - General nuisance statute,
Chapter 609 - owner can lose building for drug violations
State Statutes Exist to Deal with Maintenance and with Nuisance Behavior,
State statute provides significant remedy for problems associated with rental housing, ranging from
maintenance of property to the sale of drugs to the rights of tenants, The main chapter is 504b of
Minnesota State Statutes,
Other useful statutes are attached
-4
State Law Prohibits Penalizing Landlords for Calis for Service,
Cities are prohibited under 504b.205 (attached in email) from penalizing a landlord for calls to police
(either by tenants or landlords) for service, A lawsuit brought against the city of Brooklyn Park in 2004
reiterated that tying fees to police calls was against the law,
Rental Housing Pays Significant Property Taxes
Rental housing pays 25% more than owner-occupied housing up to a certain value ($500,0007),
Property taxes, of course, are an important component of a local unit of government's budget.
Most Rental Housing Undergoes Multiple Inspections
Most properties undergo one or more outside inspections annually, in addition to those inspections
that owners regularly conduct of their properties, These include private or HUD mortgage inspections,
REAC inspections, insurance inspections, Section 8 and Section 42 inspections (which are unit-
specific), As important as they may be, inspections are usually viewed by residents as intrusive and
annoying who feel inconvenienced, and who are understandably reluctant to open their homes to
strangers,
In addition, some things found on an inspection are things that have been caused by the tenant,
though the owner ultimately is penalized, Removal of a smoke detector battery by a tenant is a very
common occurrence, Landlords clearly do not want smoke detectors disabled, and they do not want
to be punished for something that ultimately is the resident's doing,
Finally, all communities maintain a complaint-based inspections system which allows for cities to
inspect rental housing when a complaint if lodged,
Some Examples of How Other Communities Are Approaching the Issue
Some cities have developed programs to meet their needs but also recognize that rental housing is a
very important resource for their community, The best of these programs provide incentives or
rewards to owners who do a good job, Here are some examples:
1) St. Paul. The City added one- and two-unit properties to its licensing and inspections program
(properties with three- or more units had already been licensed and inspected), Their license is a
Certificate of Occupancy (C of 0), The C of 0 is free, property owners pay for the inspection, This
program rewards well-maintained properties with less frequent (and therefore less expensive)
inspections, The City developed a system that assigns points to certain violations, (Attached) An
average score of one - four points per unit means that the property won't be inspected again for five
years; an average of five - ten means that it will be inspected again in three years; and an average of
eleven points or more per unit means the property will be inspected in a year, In addition, if a property
has only minor violations that don't require a follow-up inspection, the City gives a 25% discount on
the cost of the inspection, Cost of inspection: $128 for 1-10 units; $14/unitfor 11-41 units; $576 for
42 - 100 units; $720 for 101 or more units, The City retains a complaint-based system, (As is the
case in many communities, the cost of inspections is subsidized by the City because they believe it
benefits everyone,)
2) Burnsville, The city developed a program that recognizes that most owners already get at least
one other inspection annually, The rental license is free (as one councilmember said, "It's theirs to
lose"), Owners/managers must submit a copy of an inspection annually to the City as part of their
application/renewal. A "STAR" program rewards owners for participation, but also includes a hefty
fine schedule for those who consistently and adamantly refuse to obey the law, The city will provide
an inspection for owners who do not already get one (particularly beneficial to owners of small
properties) for a small fee, The City has agreed to certain other items (e,g, relaxing certain signage
prohibitions; certain marketing tools) that help support landlords, The City subsidizes the cost of the
staff assigned to monitor the program, using fines to help cover program costs,
3) Golden Valley, Has a "STAR" program that includes four levels of participation, License fees
dependent upon level of STAR participation, See the City's website for more information,
http://www.ci.colden-vallev.mn.us
4) Roseville, The City pulled together a work group of residents, business owners, higher education
representatives and owners/managers of rental housing to examine the city's property maintenance
standards, and to consider whether to adopt rental licensing, The City chose to adopt a new property
maintenance code, with the expectation that this alone will likely be all that's needed to help ensure
good maintenance for all types of housing,
5) Edina, The City considered adopting a rental licensing program in response to concerns about
maintenance, but realized that their maintenance problems were coming as much from owner-
occupied housing as rental. In the end they chose not to single out rental housing,
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Dave Fisher, Building Official; Tom Ekstrand, Senior Planner
Michael Johnson, Planning Intern
Rental Housing Licensing - Woodbury STAR Program
July 2, 2007
INTRODUCTION
The city of Maplewood is currently researching rental housing licensing in neighboring
communities, After surveying six cities in the immediate area, Woodbury's STAR (Safer
Tenants and Rental) program became an area of interest and required more research,
According to the city of Woodbury's website, "The STAR program was developed to
focus on reducing crime in rental developments by utilizing a number of strategies
including tenant background screening and eviction criteria," This memorandums intent
is to further research and study this program,
BACKGROUND
After the last HRA meeting in June, I was asked to further research Woodbury's STAR
program, In my research I contacted Woodbury's administrator of the program, Michele
Jurjans, who is an Investigative Aid in the city, In my correspondence she provided me
with the STAR program outline, sample tenant and apartment complex violation letters,
the city ordinance, a typical monthly STAR report, and a crime rate comparison chart,
DISCUSSION
The STAR program in Woodbury is designed to be a voluntary crime prevention program
for apartment complexes, Currently there are fourteen of sixteen properties participating
in the program, The program works to build open lines of communication between the
property managers and the police department. When a property owner participates in
the program the building/complex receives the following from the city:
1, Bi-weekly reports, documenting calls for service,
2, Violation letters sent directly to tenants and management.
3, Police officer liaison that makes monthly contact with the managers,
4, Yearly manager training,
5, Licensing fee reduction based on levels,
-Level A: $3,OO/unit
-Level B: $6,OO/unit
-Level C: $9,OO/unit
-Without STAR: $12,OO/unit
Attachment 1 details the criteria for these STAR certification levels,
The program is administrated by a city staff person, This person is responsible for
generating bi-weekly reports based on calls for service to apartments, and distributes
them to a police sergeant, two police officers, and all apartment managers, The two
police officers act as street liaisons for the program, The director of Woodbury's
program felt that this added connection has greatly increased their visibility at these
complexes and has opened lines of communication with the department. The officers
tend to hear all of the "gossip" about tenants/landlords, and many times that can lead to
drug activity information and other pertinent criminal activity information, The
administrator of the program feels it has allowed them to address issues and work on
terminating potential problems before they happen,
The City of Woodbury also markets this program in that the city created an informative
brochure that explains the STAR program, The brochure includes the certification levels
and the prices of said certification, These brochures are given to rental housing
complexes free of charge, The ordinance also states that it is the "responsibility of every
rental housing development in the city to provide a copy of the brochure to every
applicant for a rental unit in the development. The brochure shall be given to applicants
at the time application forms are provided to the applicant(s), prior to applicant(s) signing
a rental agreement."
The city also makes plaques for each of the rental housing complexes registered in the
program free of charge, The plaque indicates which level the complex is certified under
the program, The complexes however are not required to display these plaques, This
plaque provides a level of incentive to property managers to fully comply with the
programs guidelines and rewards them for full compliance, both in visual mediums like
the plaque, as well as lower licensing fees,
One of the main advantages of a program like Woodbury's STAR program would be the
ability to monitor the complaintfcriminal activity at the apartment complexes, Attached is
a table that the Woodbury Public Safety Department puts out that details the criminal
calls as well as the non-criminal calls that the city received for each of the certified
complexes in the city, After analysis of the table it is obvious that there has been a
steady decline in the crimes per unit since 2004, This very well may be a testament to
the effectiveness of a program such as STAR,
The officers that are in charge of being a street liaison to the program are also
responsible for documenting each criminal/complaint call that stems from each complex,
This report contains the name of the complex, the address, the complaint, as well as its
resolution,
After a complaint is documented, the city sends out a letter to both the tenant and
landlord stating a violation occurred, The letter to the tenant states the city has an
ordinance that requires a property manager to follow-up on disorderly activity, The letter
then lists the violations that are considered disorderly, The letter also lists the type of
activity that was recorded with the police department as well as possible consequences
such as eviction if the activity does not cease,
The letter sent to the landlord states where the violation occurred and that the landlord is
required to contact the city either in writing or by phone and to provide the steps the
landlord took to stop the problem, If the landlord does not respond to this letter they are
in violation of city code,
If a second violation occurs in the same unit within 12 months from the preceding
violation, the landlord is required to send a written report of the actions taken, as well as
the actions that the landlord is proposing to take to prevent "further disorderly use on the
2
premises," If the landlord fails to respond, the city has the ability to revoke the landlord's
rental license, After a letter is sent by the landlord, a city staff member calls the landlord
to develop a plan on how to proceed and resolve the issue,
RECOMMENDATION
Review the attached STAR program information and be ready to discuss the program
with HRA members and City Staff,
Attachments:
1, Woodbury STAR program certification levels explained,
2, City of Woodbury MN city ordinance pertaining to rental licensing,
3, Woodbury Public Safety Department, STAR program Comparison Report.
4, Examples of Woodbury's letters to tenants and landlords concerning violations,
o
.J
Attachment 1
CITY OF WOODBURY
SAFER TENANTS AND RENTAL (STAR) PROGRAM
The City of Woodbury is committed to proactively addressing crime, Preventing problems is
always more effective than trying to deal with them after they occur, Police records in Woodbury
show that rental-housing properties have had higher crime rates than owner-occupied homes,
Rental properties place larger numbers of people into more dense areas, thereby increasing crime
opportunities, It is found that adequate protection ofpuhlic health, safety and general welfare
wi1I improve in those rental developments that are certified under the Safer Tenants And Rentals
program,
The purpose of this program is to protect, preserve and promote the public health, safety and
general welfare of The City of Woodbury, and to prevent crime in the City and to provide for the
administration and enforcement of the STAR program,
STAR CERTIFICATION LEVELS
In order to be certified under any level of the STAR program, the criteria listed under that level
must be met.
Level "C" rated criteria
.:. Statewide (Minnesota) Criminal History check of all applicants covering at least the last
seven years, The checks must be done "in- person" or by utilizing the most recent update of
the state criminal history files,
.:. Statewide Criminal History checks from the applicant's previous state of residence if the
applicant is moving directly from the previous state,
.:. Any company that the owner contracts with to conduct Criminal History checks must meet
the standards established by the Public Safety Department,
.:. Must have written "'denial criteria" that must be provided to each applicant at the time of
application,
.:. The criteria established for denial of applicants must apply equally to all persons regardless
of race, color, creed, religion, national origin, sex, sexual orientation, disability. age, marital
status, or status with regard to public assistance,
.:. All managers must attend eight hours of annual STAR training,
.:. Management must assist the Police Department in conducting resident crime prevention
meetings when requested,
'.' Every prospective tenant eighteen (18) years of age or older shall be required to complete a
tenant application,
.:. Every applicant shall submit proper photo identification, which must be either a current
driver's license or state issued identification card, If the identification card is from another
state other than the State of Minnesota, the lessee must require verification of the applicant's
social security number.
.:. Applicants should be denied rental if the applicant misrepresents information on the
application, [f misrepresentations are found after a rental agreement is executed, the licensee
should terminate the rental agreement.
Level "B" rated criteria
.:. All criteria listed under Level C must be complied with,
'.' Statewide Criminal History checks of any applicant in their previous states of residence
covering the last seven years if they have not resided in Minnesota for three years or longer.
.:. Criminal History checks of all applicants conducted in all seven counties in the metro Twin
City area covering at least the last seven years including an misdemeanor, gross
misdemeanor, and felony convictions.
Level "A" rated criteria
.:. All the criteria listed under Levels B & C must be complied with.
.:. Criminal History checks in all counties the applicant has resided in for the past seven years or
since turning eighteen years of age,
.:. Basic Physical Security Requirements
.:. Single cylinder dead bolt locks on external doors
.:. High security strike plates with 3" screws
'.' 180 degree eye viewers installed on front doors
.:. Adequate security lighting on property
.:. Proper trimming of bushes and shrubs
.:. Anti lift/slide devices on ground level windows and sliding glass doors
.:. Business address prominently displayed and each unit number on every door
.:. Approved video surveillance of underground parking
.:. Telephones capable of dialing 911 in "common" areas (without requiring money
deposit
.:. Secure access to common areas, i,e, building entry, internal parking, pool/group
activity areas
.:. Ifpermanent grill structures constructed they must be at least 15 feet from a structure
Applicants include all prospective tenants eighteen years of age or older.
Rental owners must provide documentation of compliance with all of the criteria in order to be
certified, This does not include the actual results of the criminal history check, as this is not
pennissible under the Fair Credit Reporting Act.
Criminal History checks on immigrants only need to be conducted in areas in the United States
where the immigrant resided prior to applying for rental housing in Woodbury, not foreign
countries.
Tenant Screening Companies
Listed below are the criteria for any company the owner contracts with to perform tenant
applicant Criminal History checks,
.
Company must be bonded andlor insured
Criminal History checks can be subcontracted, bur the company must have a process, with
documentation, that conducts periodic, random veritications of criminal history checks
conducted by subcontractors,
Criminal History checks must go back a minimum of seven (7) years,
Company must comply with legal requirements of the Fair Credit Reporting Act.
The screening company must provide verification to the City of Woodbury that it complies
with these criteria,
.
.
.
.
Discrimination and Privacy
This program shall be enforced in a non-discriminatory manner and exclusively for the purpose of
promoting public safety as opposed to private welfare, Except as may be specifically provided
herein or incidental to the enforcement hereof, this program is not intended to interfere with the
personal privacy or with private legal rights and liabilities, including, without limitation,
landlord/tenant and landlord/lessee relationships, In enacting and enforcing tlus program, The
City of Woodbury neither expressly nor by implication assumes any obligations or liabilities
respecting such private rights or disputes, including those which involve or arise out of the
nonconformity of any premises in the City to the provisions of this Ordinance,
Criteria for Application Denial
The owner of rental housing developments must establish criteria for denial of rental applicants
and provide the denial criteria to applicants plior to submittal of the application, The City of
Woodbury does not establish "denial criteria", but does provide a list ofreconunended denial
criteria, Below is a list of recommended denial criteria:
>- Conviction of any violent-related Felony within the last seven years,
>- Two or more violent-related Gross Misdemeanor convictions within the past seven years,
>- Three or more violent-related or disorderly conduct Misdemeanor convictions ..vithin the last
seven years.
>- Any conviction for selling a controlled substance within the last seven years,
>- Two or more convictions for possession of a controlled substance within the last seven years,
>- Any eviction from a prior rental unit within the last three years for criminal behavior,
disorderly conduct, public nuisance or related activity,
>- AllY convictions for a sex-related offense with the last seven years, This includes "indecent
exposure", "window peeping", "sexual assault", "child molestation", and "child
pornography",
>- False "personal" information on the application, i,e, name, date of birth, social security
number, prior addresses,
Enforcement and Inspection Authority
The Director of Public Safety and hislher designated agents shall be the Compliance Official who
shall administer and enforce the provisions of this program and who is hereby authorized to
inspect records to ensure compliance with prob7fam provisions.
Attachment 2
ORDINANCE NO. 1711
AN' ORDINA.I\fCE OF THE CITY OF WOODBURY, WASHINGTON COUNTY,
iY1INNESOTA, AMENDING THE CITY CODE BY AlvIENDING CHAPTER 6,
BIJILDINGS AJ.'ID BUILDING RESTRICTIONS, BY ADDING THE FOLLOWING TO
SECTION 6-204.(c) (2), LICENSE FEES
THE CITY COUNCIL OF THE CITY OF WOODBURY, WASHINGTON COliNTY,
MINNESOTA, DOES HEREBY ORDAIN AS FOLLOWS:
The City Code of the City of Woodbury is hereby amended by adding Chapter 6, Buildings and
Building Restrictions, by adding Section 6-204,(c) (2), License Fees, to read as follows:
See, 6-204. (c) (2)
License Fees
(2) License Fees, License fees, as set forth by city council resolution, shall
be due prior to the license expiration date; in the cases of new unlicensed
dwellings, license fees shall be due upon issuance of the certificate of
occupancy; in the case of licensing periods of less than one (I) year,
license fees shall be prorated effective January I, 1996, The license fee
will be reduced for Safer Tenants And Rentals pro\i1'am participants
accordin~ to the followin!! certification levels: T evel "en certification:
250.10 reduction' I evel liB" certification' 50010 reduction: Level II A"
certification:75% reduction.
Effective Date, 1bis Ordinance shall become effective upon its passage and
publication according to law,
Passed and adopted by the City Council of the City of Woodbury, Washington County,
Mirmesota, this 28'" day of March, 2001.
Jl~~
AT~~ . ,f2L
Barry , 'JO~~i'i; Administrator
Approved: March 28, 2001
Published: April 4, 2001
ORDINANCE NO. 1712
At'! ORDINA!'!CE OF THE CITY OF WOODBURY, WASHINGTON COUNTY,
IvlIl'iNESOTA, i\,MEl'iDING THE CITY CODE BY AMENDING CRAPTER 6,
B'(HLDINGS .~'lD BUiLDIi'iG RESTRICTIONS, BY ADDING SECTION 6.205,
CONDUCT ON LICENSED PREl'rlISES
THE CITY COlJNClL OF THE CITY OF WOODBURY, WASHINGTON COlJNTY,
NIINNESOTA, DOES HEREBY ORD.AlN AS FOLLOWS:
Chapter 6, Buildings and Building Restrictions, of the City Code of the City of Woodbuty is
hereby amended by adding thereto Section 6-205, Conduct on Licensed Premises, which shall
read as follows:
Sec, 6-205
Conduct on Licensed Premises
A. 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 starutes or ordinances:
(1) Minnesota Starutes Section 609,75 through 609,76, which prohibit
gambling;
(2) Minnesota Stamtes Section 609,321 through 609.324 which prohibit
prostirution and acts relating thereto;
(3) Minnesota Statutes Section 152.D1 through 152,025, and Statute 152,027,
Subdivisions 1 and 2, which prohibit the unlawful sale or possession of
controlled substances;
(4) Minnesota Statutes Section 340AA01, which prohibits the unlawful sale
of alcoholic beverages;
(5) Minnesota Statutes Section 609.33, which prohibits owning, leasing,
operating, managing, maintaining or conducting a disorderly house or
inviting or attemptin~ to invite others to visit or remain in a disorderly
house;
(6) Section 13-1 ofthis Code, which prohibits noisy assemblies;
(7) Minnesota Starutes Section 97B,021, 97B,609,66 through 609,67 and
624,712 through 624,716, and section 13-5 of this code, which prohibits
the unlawful possession, transportation, sale or use of a weapon;
(8) Minnesota Statutes Section 609,72, which prohibits disorderly conduct;
(9) Minnesota Starutes Section 609,221 through 609.224, which prohibirs
assaults, including domestic assault as defined in Minnesota Starutes
Section 518B,Ol.
(10) Violation oflaws relating to contributing to need for prm:ection or services
or delinquency of a minor as defined in Minnesota Statutes Section
260.315;
(11) Section 13-1 et, al of this Ordinance which relates to animal noises and
public nuisances,
B. The Director of Public Safety shall be responsible for enforcement and
administration of this secrion.
C. Upon determination by the Director of Public Safety that a licensed
premises was used in a disorderly manner, as described in Section y\-), the Director of Public
Safety shall notif"; the licensee by mail of the violation and direct the licensee to take steps to
prevent fwther violations,
D, If another instance of disorderly use of the licensed premises occurs within
twelve (12) months of an incident for which a notice in Subsection C was given, the Director of
Public Safety shall notify the licensee by mail of the violation and shall also require the licensee
to submit a written report of the actions taken, and proposed to be taken, by the licensee to
prevent further disorderly use of the premises, This written report shall be submitted to the
Director of Pubiic Safety v.ithin five (5) days of receipt of the notice of disorderly use of the
premises within the preceding twelve (12) 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 Director of Public
Safety in the manner described in Section E through G,
E, If another instance of disorderly use of the licensed premises occurs within
twelve (12) 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, Any 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 Director of
Public Safety in the manner described in Sections D through G,
F, No adverse license action shall be imposed where the instance of
disorderly use of licensed premises occurred during the pendency 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 the 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,
2
suspend or not renew a licensed 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,
G, A determinarion that the licensed premises has been used in a disorderly
manner as described in Section A 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,
H. Actions to "deny, revoke, suspend, or not renew a license" under this
ordinance pertain to the individual troits where the violations occur or the resident(s) reside, rill.!
the emire rental building or complex,
Effective Date. This Ordinance shall become effective upon ilS passage and publication
according to law,
Passed and adopted by the City Council of the City of Woodbury, Washington County,
lvlinnesota, this 28'" day of March 200 1,
W~
ATTEST:
Appro'{ed:
Published:
March 28, 2001
April 4, 2001
3
ORDINA.t~CE NO. 1713
AN ORDINA,"i'CE OF THE CITY OF WOODBURY, WASHINGTON CotJNTY,
i:VlINNESOTA, Aj\1El'H)ING THE CITY CODE BY A,yIE~"DING CH.APTER 6,
BliTLDINGS .~'l1) BlJILDING RESTRICTIONS, BY ADDING THE
FOLLOWING TO SECTION 6-204.(k) PROPERTY l\oIANAGER BACKGROUN"D
CHECKS
THE CITY COUNCIL OF THE CITY OF WOODBIJRY, WASHINGTON COUNTY,
lvlll'fNcSOTA, DOES HEREBY ORDAIN AS FOLLOWS:
The City Code of the City of Woodbury is hereby amended by adding Chapter 6,
Buildings and Building ReSLr1ctions, by adding Section 6-204,(k) Property Manager
Background Check to read as follows:
k. Properry }"fanager Background Check
(1) When Required, Before hiring a manager, the licensee of a new multiple
dwelling to whom a license has been issued pursuant to this section shall
be required to screen the applicant. A licensee may employ a manager
after requesting a background check under this section before receipt of
the background check repon, provided that the licensee complies with
subsection (6), By January 1,2002, a licensee shall request the Director of
Public Safety for the City to conduct a background check under this
section for managers hired before January 1,2001, who are curremly
employed,
(2) Procedures. The Director of Public Safety for the City must approve the
screening company utilized by the licensee. The screem..'lg process shall
be undertaken by the screening company pursuant to directives issued by
the City, and shall be in person, Screening of all prospective managers
must include "in person" criminal history checks at the state level in all
states where each prospective manager has resided in the past ten years, It
must also include "in person" criminal history checks in all seven Twin
City metro counties and all counties where each prospective manager has
resided in the past ten years, The criteria for denial of all prospective
managers must be documented and provided to all persons completing an
application for a manager position, Documentation of manager screening
must be available to the Code Official upon demand.
A. Every prospective manager shall be required to complete a
manager application.
B, Every applicant shall submit a proper photo identification., which
must be either a current driver's license or state issued
identification card, If the identification card is from a state other
than the State of Minnesota, the licensee must require verification
of the applicant's social security number,
C, Applicants will be denied employment if the applicant
misrepresents information on the application. If the
misrepresentations are found after the person is hired as manager,
the licensee must terminate the manager,
D, The criteria established for denial of applicants must apply equally
to all persons regardless of race, color, creed, religion, national
origin, sex, sexual orientation, disability, age, marital status, or
status with regard to public assistance,
(3) Form, The licensee shall develop a stll.m:lardized form to be used for
requesting a background check, which must include:
I, a notification to the manager that the licensee "ill request a
screening company to perform a background check under this
section;
2, a notification to the manager of the manager's rights under (4); and
3, a signed consent by the manager to conduct the background check,
The form must be accompanied by the fingerprints of the manager on
whom the background check is to be performed,
(4) Manager's Rights, (a) The licensee shall notify the manager of the
manager's rights under paragraph (b)
(b) A manager who is the subject of a background check request has the
following rights:
I, the right to be informed that the licensee will request a background
check on the manager to determine whether the manager has been
convicted of a crime specified in (5) below;
2, the right to be informed by the licensee of the screening company's
response to the background check and to obtain from the licensee a
copy of the background check report;
3, the right to obtain from the screening company any record that
forms the basis for the report;
4,
the right to challenge the accuracy and completeness of
information contained in the repaIr or record under Minnesota
Statute g 13,04, subdivision 4; and
5,
application to be
the right to be informed by the licensee if the manager's
employed by the licensee or to continue as an employee has been
denied because of the result of the background check.
(5) Definirions,
1, Terms, The defInitions listed below under Background Check
Crime applies to this section,
2, Background Check Crime, "Background check crime" mea11S:
(a)(l) a felony violation of Minnesota Statute section 609,185 (first
degree mUlder), 609,19 (second degree murder); 609,20 (first
degree manslaughter); 609,221 (first degree assault); 609,222
(second degree assault); 609.223 (third degree assault; 609,25
(kidnapping); 609,342 (firS! degree criminal sexual conduct);
609,343 (second degree criminal sexual conducr); 609,344 (third
degree criminal sexual conduct); 609,345 founh degree criminal
sexual conduct); 609,561 (firS! degree arson); or 609,749
(harassment and stalking);
(a)(2) an attempt to commit a crime in clause (1); or
(a)(3) a conviction for a crime in another jurisdiction that would be
a violation under clause (1) or an attempt under clause (I) in this
state; or
(b)(l) a felony violation of Minnesota Statute section 609,195
(third degree murder); 609,205 (second degree manslaughter);
609,21 (criminal vehicular homicide and injury); 609,2231 (founh
degree assault); 609,224 (fIfth degree assault); 609,24 (simple
robbery); 609,245 (aggravated robbery); 609,255 (false
imprisonment); 609,52 (theft); 609,582, subdivision 1 or 2
(burglary); 609,713 (terroristic threats); or a nonfelony violation of
section 609,749 (harassment and stalking);
(b )(2) an attempt to commit a crime in clause (1); or
(b)(3) a conviction for a crime in another jurisdiction that would be
a violation "nder clause (b )(1) in this State,
0, ,\1anager, "Manager" means an individual who is hired or is
applying to be hired by a licensee and who has or would have the
means, within the scope of me individual's duties, to entertenants'
dwelling units, "Manager" does not include a person who is hired
on a casual basis and not in the ongoing course of me business of
the license::.
" "In-person Criminal Background Check" This means the review of
criminal history infonnation must be conducted by a person at the
site where current criminal records are stOred, or by utilizing a
method that provides the mosr current, up to date information,
(6) Licensee Duries if manager convicted of a crime,
(a) If the screening company's response indicates that me manager has
been convicted of a backgr01md check criille defined in (5)(a)(1)-
(3) of this section, the licensee shall not hire the manager or, if the
manager was hired pending complerion of the background check,
shall terminate the manager's employment. Except as provided in
paragraph (c) below, if a licensee otherwise knows that a manager
has been convicted of a background check crime defined in
(5)(a)(I)-(3) of this s~ction, the licensee shall terminate the
manager's employment.
(b) If the screening company's response indicates that the manager has
been convicted of a background check crime defined in 5(b)(1)-(3)
of this section, the licensee may not hire the manager unless more
than ten years have elapsed since the date of discharge of the
sentence, If the manager was hired pending completion of the
background check, the licensee shall terminate the manager's
employment unless more than ten years have elapsed since the date
of discharge of the sentence, Except as provided in paragraph (c)
below, if a licensee otherwise knows that a manager has been
convicted of a background check crime defmed in (5)(b )(1 )-(3) of
this section, the licensee shall terminate the manager's
employment unless more than ten years have elapsed since the date
of discharge of the sentence,
(c) Ifa licensee knows that a manager hired before January 1,2001,
was convicted of a background check crime for an offense
committed before January 1,2001, the licensee may continue to
employ the manager, However, the licensee shall notify all tenants
and prospective tenants whose dwelling units would be accessible
to the manager of the crime for which the manager has been
convicted and of the right of a current tenant to terminate the
tenancy under this paragraph, if the manager was convicted of a
background check crime defined in:
1. (5)(a)(1)-(3) of this section; or
2, (5)(b)(1)-(3) of this section, unless more than ten years
have elapsed since the sentence was discharged,
Norwithstanding a lease provision to the contrary, a current tenant
who teceives a notice under this paragraph may terminate the
tenancy within 60 days of receipt of the notice by giving the
licensee 14 days' advance notice of the termination date,
(d) The licensee shall notify the manager of any action taken under
this subdivision,
(e) Ifa licensee is required to terminate a manager's employment
under paragraph (6) (a) or (b), or tenninates a manager's
employment in lieu of notifying tenants under paragraph (6) (c),
the licensee is not liable under any law, contract, or agreement,
including liability for unemployment compensation, claims, for
terminating the manager's employment in accordance with this
section, Notwithstanding a lease or agreement governing
tennination of tenancy, if the manager whose employment is
terminated is also a tenant, the licensee may tenninate the tenancy
immediately upon giving notice to the manager, An eviction
action to enforce the tennination of the tenancy must be treated as
a priority ",Tit under Minnesota Statute Sections 504B.321;
504B.335; 504B.345, subdivision I, 504B.361, subdivision 2; and
504B.365, subdivision 2,
(7) Penalry, A licensee who knowingly fails to comply with the requirements
of subsection k of this section is guilty ofa perry misdemeanor, A
violation of subsection k may also lead to the suspension or revocation of
the licensee's license under subsection d,
Effective Date, This Ordinance shall become effective upon its passage and publication
according to law,
Passed and adopted by the City Council of the City of Woodbury, Washington County, Minnesota.
this 18'" day of March. 1001. f.1 ~
- ' ~G -
William J. H~is, M~
ATTEST:
Appro~ed:
Published:
March 28, 2001
Jl,pri 1 4, 2001
ORDINANCE NO. 1714
AN ORDINA.l~CE OF THE CITY OF WOODBURY, WASHINGTON COlTNTY,
tvlINNESOTA, A!vIENDING THE CITY CODE BY A!'YIENDING CHAPTER 6,
BUILDINCS At'ID BLTILDING RESTRICTIONS, BY ._fillDll~G THE
FOLLOWING TO SECTION 6-204,(L) SAFER TENA!~TS A!'ID RENTALS
PLAQUES ,~-n BROCHURES
THE CITY COtJ"NCIL OF THE CITY OF WOODB1:.JRY, WASHINGTON COlJNTY,
MINNeSOTA, DOES HEREBY ORDAIN AS FOllOWS:
The City Code of the City of Woodbuty is hereby amended by adding Chapter 6,
Buildings and Building Restrictions, Section 6-204,\1-) Safer Tenants And Rentals
(STAR) Plaques and Brochures to read as follows:
L. Safer Tenants And Rentals Plaques and Brochures
(1) Safer Tenants And Rentals Brochures, The Public Safety Department ",ill
develop a brochure that explains the STAR program, including the
certification levels, Brochures will be given to rental housing
developmenrs free of charge, It shall be the responsibility of every rental
housing development in the city to provide a copy of the brochure to every
applicant for a rental unit in the development. The brochure shall be given
to applicants at the time application forms are provided 1O the applicant(s),
prior to the applicant(s) signing a rental agreement,
(2) Plaques, The Public Safety Department will develop plaques for rental
housing developments, The plaques will indicate which level the development
is certified under the STAR program, Tne plaques will be giveu to the rental
housing development free of charge, Developments are not required to post
the plaques,
(3) Exemptions, Senior housing rental developments are exempt from this section
of the ordinance,
(4) Penalties. Failure to comply with this ordinance will result in an
"administrative" fine of one hundred dollars (S100) for each violation if the
defendant chooses to go through the administrative hearing and is found
guilty, If the fme is not paid, in will be included in the annual license fees,
Effective Date, 1b.is Ordinance shall become effecrive upon its passage and publication
according to law,
Passed and 3dopted by the City Council of the City of Woodbury, Washington County, Minnesota,
this 28'" day of March, 2001.
Approved:
Published:
March 28, 2001
April 4, 2001
ORDINA..'NCE NO. 1715
A.c"ll ORDINA.c"lCE OF THE CITY OF WOODBURY, WASHINGTON COUNTY,
lV1D1NESOTA, AMENDING THE CITY CODE BY AtvIENDING CHA,PTER 13,
MISCELLA:.'fEOUS PROvlSIONS AJ.'I]) OFFENSES, BY'Al'v1ENDING SECTION 13-1,
NOISE.
THE CITY COUNCIL OF THE CITY OF WOODBtJRY, WASHINGTON COUNTY,
ivIINNESOTA, DOES HEREBY ORDAIN AS FOLLOWS:
The City Code of the City of Woodbury is hereby amended by amending Chapter 13,
Miscellaneous Provisions and Offenses, by amending Section 13-1, Noise, to read as follows:
"Section 13-1. Noise.
A.. Intent.
The purpose of this article is to protect and promote the public health, safety and
general welfare by restricting activities which emit noise that unreasonably annoys, disturbs,
injures or endangers the comfort, repose, health, peace, safety or welfare of any person or
persons, or precludes their enjoyment of property, or adversely affects their property's value, A
person is guilty of violating this section if that person's actions:
1, cause a reasonable person or reasonable persons to be annoyed, disturbed,
or injured; or
2, endanger a reasonable person's or reasonable persons' comfort, repose,
health, peace, safety or welfare; or
3, preclude a reasonable person or reasonable persons from the enjoyment of
their property; or
4, adversely affect a reasonable person's or reasonable persons' property
value.
B. General Prohibition,
No person shall make or cause to be made any distinctly and loudly audible noise
that unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace, safety
or welfare of a reasonable person or reasonable persons, or precludes their enjoyment of
property, or adversely affects their property's value, This general prohibition is not limited by
the specific prohibitions contained in the follo\>'ing section,
C. Noises Specifically Prohibited.
The noises and acts set forth in the following subdivisions are declared to be
prohibited noises in violation of this Ordinance, but said enumeration shall not be deemed to be
exclusive:
1. Horns, Sig:naling Devices, ete, No person shall sound any horn or
signaling device on any vehicle, except as a warning of danger, as required
by Minu, Stat, Section 169,68,
2, Radios, Phonowaphs, Paging Svstems, etc, No person shall use or
operate, or permit the use or operation of any electronic sound system or
audio equipment including, but not limited to, any compact disc player,
cassette tape player, AL\1-FM radio, citizen band radio, paging system,
musical instrument, phonograph, or 8o,'1y other devise designed for the
production or reproduction of sound, in a distinctly and loudly audible
manner as to unreasonably disrurb the peace, quiet, and comfort of a
reasonable person or reasonable persons nearby,
(a) It shall be prestL'11ed that a violation of this Section has occurred
when any electronic sound system or audio equipment is operated
in a manner in which it is plainly audible, at a distance of fifty (50)
feet or more, between the hours of 10:00 p,m, and 6:00 a,m, It
shall be presumed that a violation of this Section has occurred
when any electronic sound or audio equipment is operated in a
manner in which it is plainly audible, at a distance of one hundred
(100) feet or more, between the hours of 6:00 a,m. and 10:00 p,m,
(b) Wnen noise violating this Section is produced by an electronic
sound system or audio equipment that is located in or on a vehicle,
the driver of the vehicle and the person who owns or is in control
of the vehicle is guilty of the violation,
(c) This section shall not apply to sound produced by the following:
(i) Amplifying e'lnipment used in connection "ith activities
which are authorized, sponsored or permitted by the City of
Woodbury, so long as the activity is conducted pursuant to
the conditions of the license, permit or contract authorizing
such activity;
(ii) Church bells, chimes or carillons, school bells, or
emergency civil defense warning signals;
(iii) Anti-theft devices;
2
(iv) Machines or devices for the production of sound on or in
amhorized emergency vehicles,
(3) [ oud Speakers, Amplifiers for Advertising, No person shall operate or
permit the use or operation of any electronic sound system, audio
equipment, loudspeaker, sound ampiifier, or any other device for the
production or reproduction of sound on a street or other public place for
the purpose of commercial advertising or attracting the attention of the
public to any commercial establishment or vehicle,
(4) Exhausts, No person shall discharge or permit the discharge of the
exhaust of any steam engine, stationary internal combustion engine, motot
boat, motot vehicle, or snowmobile except through a muffler or other
device which effectively prevents loud or explosive noises which complies
with all applicable state laws and regulations,
(5) No person shall engage in the following activities between the hours of
10:00 p,m, and 6:00 a,m, daily,
(a) Construction, installation and maintenance of utility and street
projects;
(b) Operation of tools and domestic maintenance equipment powered
by external air compressors or internal combustion engines
including, but not limited to, use of lawn mowers, hedge clippers,
chain saws, mulchers, garden tillers, edgers or other similar
domestic power maintenance equipment. Snow removal and street
sweeping equipment are exempt from this provision;
(c) Repair and servicing of vehicles or other equipment where the
noise from that activity is audible beyond the property lines on
which the repair or servicing is being conducted;
(d) Exterior construction, remodeling, repair or maintenance of
structures;
(e) Exceptions, The performance of City or State authorized,
sponsored or licensed work to preserve the public health, safety or
welfare, or in the performance of work necessarf to restore public
service or eliminate a public hazard shall be exempt from the
restrictions of this Section, Any person responsible for such work
shall take all reasonable actions to !l1;n;m;7e the amount of noise,
(6) No;sv Parties and Gatherings No person shall permit or participate in any
party or gathering of people, on public or private property, giving rise to
noise, unreasonably disturbing the peace, quiet or report of a reasonable
3
person or reasonable persons, It shall be presumed that a violation of this
Section has occurred when any noise from a gathering is plainly audible,
at a distance of fifty (50) feet Or more, between the hours of 10:00 p,m.
and 6:00 a.ill,
Ca) w"nen a police officer has probable cause that a violation of this
Section has occurred, the officer may order all persons present,
ather than the ov,ner or tenant of the premises, to disperse and
leave the premises i=ediately, It shall be a violation of this
Section for any person to refuse to leave after being so ordered by
the police officer;
(b) Exceptions, The following are exempt from violation of this
Section:
(i) Activities which are duly authorized, sponsored or licensed
by the City of Woodbury, sa long as the activity is
conducted pursuant to the conditions of the license, permit
or contract authorizing such activity;
(ii) Persons who have gone to a parry for the sale purpose of
abating the violation,";
(iii) Snow removal or other ovmer authorized activity that will
improve the safety of residents.
Penalty Provision, Any person who shall do or commit any act that is forbidden by the
provisions of this Ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall
be ptmished by a fine not to exceed seven hundred dollars ($700,00) or imprisonment for a
period not to exceed ninety (90) days, or both,
Effective Date. Tills Ordinance shall become effective upon its passage and publication
according to law,
Passed and adopted by the City Council of the City of Woodbury, Washington County,
Minnesota, this 28th day of March, 2001.
w-u~~r
ATTEST:
, "'!,..."t-'.....,c....1"^-
on, citY Administrator
Aporoyed: March 28, 2001
publ ished: April 4, 2001
4
ORDINA.N'CE NO. 1716
Al'i ORDINA1'iCE OF TRE CITY OF WOODBURY, WASHINGTON COUNTY,
iYllNNESOTA, AMENDING THE CITY CODE BY ,~ylENDING CHAPTER 13,
MISCELLAc'iEOUS PROVISIONS Ac'lD OFFENSES,- BY ADDING SECTION 13-7,
TRESP ASSING.
THE CITY COUNCIL OF THE CITY OF WOODBURY, WASHINGTON COTJNTY,
MINNESOTA, DOES HEREBY ORDAIN AS FOLLOWS:
The City Code or the Ciry of Woodbury is hereby amended by amending Chapter 13,
Miscellaneous Provisions and Offenses, by adding Section 13-7, Trespassing, to read as follows:
See, 13-7,
Trespassing,
A. Intent.
The purpose of this chapter is to allow an owner of real property to which the
public has some implicit right of access to exclude a person from that property if the person has
committed a crime on the property or has violated the properly posted or otherwise provided
rules of conduct for the property,
B, Dermitions,
For the purpose of this Chapter, the following words and terms shall have the
following meanings, unless the comext clearly indicates otherwise:
(I) Covered Premises, Any improved real property, or portion thereof, within
the City of Woodbury, to which the public has an implicit right of access, including, but not
limited to, places of worship, shopping malls, retail sales facilities, hotels, motels, nursing
homes, restaurants, multiple dwellings, hospitals, medical and dental offices, clubs, lodges,
office buildings, banks and financial institutions, transit stations, athletic and recreational
facilities, personal service establishments, theaters, and day care facilities,
(2) Tenant, Any authorized occupant of a covered premises, or the agent
t.~ereof, but excluding an occupant of a domestic use, such as a renter or lessee of a dwelling or
apartment, resident in a nursing home, or a hotel or motel guest.
(3) Property Manager, Any owner of a covered premises, or the agent of the
owner or any tenant who is authorized by the owner to exercise control over the covered
premises, including its public common areas,
(4) Public Common Areas, All areas of the covered premises, other than
private common areas, maintained for the common use of its tenants or of the general public
incidental to normal and legitimate activities upon the covered premises, including, but not
limited to: the curtilage, parking lots and ramps, private roadways, sidewalks and walkways;
recreational facilities, reception areas; rotundas, waiting areas, hallways, restroom facilities,
elevators, escalamrs and staircases,
(j) Private Common Areas, Other common areas within the covered premises
normally within the exclusive control of a tenant but subject to reasonable regulation by the
property manager, including, but not limited to, sales floors, store restroom facilities accessible
to customers and clients, checkout lanes and customer service areas,
(6) Private Areas, AIeas within the covered premises not normally accessible
to members of the public without explicit permission of the person in direct control of the area,
including, but not limited to, individual apartment units, employee rest areas and facilities,
banquet halls, meeting rooms and private offices,
information:
(7) Trespass Notice, A written notice that contains minimally the following
(a) Verbatim copies of Section E and the penalty provision of this
Chapter.
(b) The name, date of birth, and address of the person to whom the
notice is issued and the name of the person's custodial parent or
guardian if the person is a juvenile,
(c) A description of the specific conduct that forms the basis for the
issuance of the notice,
(d) A description of the specific covered premises or porrion thereof to
which the notice applies,
(e) The period during which the notice is in effect, including the date
of its expiration,
(f) The name, title, address, and telephone number of a person with
authority to modify, amend or rescind the notice,
(g) The method by which the notice was served upon the person to
whom it was issued,
C. Issuance of Trespass Notice.
A property manager or tenant may issue a trespass notice to a person anI v if there
is probable cause to believe the person has, no more than thirty nO) davs before the issuance of
that notice:
2
(1) committed an act prohibired by State Statute or City Ordinance while on
the covered premises;
(2) violated any rule of conduct for the covered premises that has been
conspicuously posted at all public entrances to the covered premises or
that the properl,i manager or tenant has provided to Lht: person in wriring.
D. Covernge of Trespass Notice.
(1) If issued by a property manager, a trespass notice is effective only as to
those public common areas and private areas within the property manager's exclusive control,
except that a trespass notice may also cover private common areas and other private areas,
provided the tenant or tenants in control of such areas have agreed in ""Tiling 10 be precluded
from inviting onto the premises any person to whom a trespass notice has been issued under this
Chapter, Such a trespass notice must state that the tenant or tenanlS of the covered premises are
precluded from inviting onto the covered premises any person 10 whom a trespass notice has
been issued under this Chapter,
(2) If issued by a tenant, the trespass notice is effective only as to those
private cornman areas and private areas over which the tenant has control.
(3) A notice broader in coverage than authorized by this Section shall not be
invalid, but shall be valid to the e).'tent authorized by this Section,
E, Prohibited Conduct.
(l) No person shall trespass in or upon any covered premises of another and,
without claim or right, refuse to depart therefrom on demand of the property manager, or a tenanr
authorized to exercise control over the covered premises or portion involved,
(2) No person served "..ith a trespass notice in conformity \vith this Chapter
shall enter in or upon the premises described therein during its effective period without the
written permission of the notice issuer, agent or assirn,
. --
(3) No persons hall enter any public facility, utility or grounds thereto, or any
covered premises or portion thereof in violation of conspicuously posted signs prohibiting or
restricting access thereto, including, but not limited to, the follo""ing: "No Trespassing,"
"Authorized Personnel Only," "Private," "Employees Only," "Emergency Exit Only,"
F. Additional Provisions.
(l) No trespass notice shall be effective for more than one (1) year,
(2) All trespass notices issued pursuant to this Chapter must be properly
served upon the person named therein as follows:
3
(n) Personal service documented by either a receipt signed by the
person to whom it was issued or an affidavit of the issuer; or,
(b) If the person is arrested or detained by a police officer, the officer
may personally serve the notice on behalf of the property manager
or tenant and dOCiUuEIlt service in t.\e offi\:er's official police
report detailing the incident,
Sec. 13-8,
Severability.
If any section or portion of this Chapter is deemed invalid or unconstitutional by a
Court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity
of other sections or portions of sections of this Chapter,
See, 13.9,
Penalty Provision,
Any person who shall do Ot commit any act that is forbidden by the provisions of
this Ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished
by a fine not to exceed seven hundred dollars ($700,00) or imprisonment for a period not to
exceed ninety (90) days,'or both.
See, 13-10. Effective Date,
This Ordinance shall become effective upon its passage and publication according
to law,
Passed and adopted by the City Council of the City of Woodbury, Washington County,
Minnesota, this 28th day of March, 2001.
W~
ATTEST:
Approyed:
Published:
March 28, 2001
April 4, 2001
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Woodbury
DEPARTMENT OF PUBLIC SAFETY
POLICE EMERGENCY MEDlCAL SERVICES FIRE
~r I ".0-.> r
\ ~\I+ \ i. C)\6\r-'-7K""" ,-"",,'T'-'
January 25. 200.+
Ten:mt In\Voodbury
12345 Anywhere Street
Woodburj, MN 55125
Dear l'vls. {nWoodbury:
The City of \V'Jodbur:: ha.s an ordin:mce that requir:s:l propt:rry manager ofa licens~d remJ.l housing
orooerr.; CO ~olhw..'-uc on activitv that is considered disorderly in nature. The ordinance lists chose
~ioimi';ns ofth~ foll~\Ving st3.t~tes and ordinances wOllld be'cotl::iidered disorderly:
. Noise (dry ordinance)
/I Disorderly Conduct (stare statute)
. Assaults (state smtute)
. Public Nuisances (city ordinance)
. Gambling (stilet:: smrute)
. Prostitution (state statute)
. Unlawful sale/possession of J. controlh~d subst:.lnce (state 5r~uU[:.::)
. Unlawfulsah:/PQsscs5ion of alcoholic beverages (state st::nure)
. Disorderly Hous~ (state 5t:ltute)
. \.Veapons lstat= statute)
Officers ofrhe Woodbury Police Department have re~ponded to ;1 residence on <l report of a noise
complaint. The ofticers were able to substantiate the complaint regarding noise. [fthis type of activir!
does not C.;~e there may be consequences as severe as eviction. Please conmct tht: Housing. Liaison Jt
651-739-4141 if you have additional qUl::stions.
Respectfully,
Michele Jurjans
Investigative Aide
William F. Hering:
Public Safety Director,' Police Chief
2100 Radio Drive
Woodbury, Minnesota 55125
WE HELP
ihe w-Ai5uy Way
POLiCE:651/739-4141 . F'J< 714,3708
FIRE: 651/714,3700 . F'J< 714-3703
~'?i,1i)i#
.::"U.,::
'w'oQ{j\)ury
DEPARTlYIENT OF PUBLIC SAFETY
POLICE El\ofERGE:'iCY MEDICAL SERVICES FIRE
August 27.2004
C \ \ ~'r l:::lC.,\C"''''C~ {'l Ld \e..,
'OiY\V'C1.
Dear Apartment \{anager:
OUf city records show that you o\\'n th~ propc:n::." loc:lted at: 1':::3.;.\5 Anywh~re Street
Tne City of \Voodbury Police Deparrmem has responded to the: Jbove address \\'here a !lois,: disrurhance
has occurred.
The Cicy of \),roodbury Rented Unit Lic:ensing Ordinance stJtes r!iJ( the "licensee" of the rental property
'.vhich has rept-ated co.l1$ of police services for this type ofa.::rh:iry. m<lY be cit~d fur :lIlO\Ying. this type of
Jctiviry to continue. The ordinance also stares that the licensee could lose the re:1tai propeIT}' license for the
property in ques;:ion should ~he activity be allowed to cominu~.
Our procedure is ro infoml you. the licensee, of the existing problem and direct you to tl1ke sr-:::ps to deo.l
'.\'jth the problem to prevent further violations. YOlllTIilY wrile or ~Jn us:u your convenience. Once the
Police Department receives your response. someone: will then work. with you to develop a pllln on how to
proceed. We would ask that you respond as 500rl as practical. If you do not respond. you will be in
violation of the ciry ordinance.
If you have ilny questions. you may either call me at 651-714A36~6 bet\veen 3;00 <1.111. and 4:30 p.m.
Monday through Friday or include a phone number with your \\.rirren response anu indicate thilt you wall ld
like a calL
We :lppreciare your prompt interest in this mnneL
Respectfully.
Michele Jurjan5
STAR Coordinaror
William Hering
Chief of Police!
Direcror of Public Safery
Dme and Time of Incident:
leR:
2100 Radio DrilJe
Woodbury. Minnesota 55125
WE HELP
.....
The W\:;ci!5~J Wcy
POLlCE:651/739-4141 . FAX 714,3708
FIRE: 651/714-3700 . FAX 714,3703
~\~i.,
:~~4.,~
Woodbury
DEPARTMENT OF PUBLIC SAFETY
POLICE EMERGENCY MEDICAL SERVICES FIRE
Januar; 25, :::005
Co n~, i;) \;:,-"'1
cJ ., .u.- -
?"_ 0\0\<:''-\'1(:'''-' LQ:::i ,d
Dear Aparnnenr wlanag..:r:
Our c:ry records show that you 0\\'0 or manage the property lL'cJted :H;: \'2345 Any\\'here Stre~t
This lert~r is to inform you thiJI the Ciry of \Voodbury Police D~piJ.ml1enr has responded to the above
nddre:;s where a (title of incident - loud party. dismrba!lce. or orht:r illegll activity) incident has occurred.
This l-errer is al:;o ro inform you that this is the second violation within cweiv:;; months;:It this sp~cific unit.
The City of \Voodbury Rental Unit Licensing: Ordlnanc;: stJ.tes thaI the "licensee" of the re.:ntill prcperr:.'.
which hilS repe:lled calls of police services for this type of acti...ity. may be dt.::d for allowing this type of
activity to conrinu.::. The ordinanc.:: also smtes that the licensee could \o~c th~ rental property license for th~
property in question should the activity be allowed to continue.
Because this is the second violation within twelve months, the ordinance requires you to submit a ...vrinen
report of the adons YOll have alreudy taken and thos~ actions YOll propose to mke to prevem furrher
disorderly use of the premises. The report must describe in detail nU actions taken by the licensee in
response to all notices of disorderly use of the premises within the preceding 'twelve months. If you fail to
follow the direction Grthe ordinance, the rental dwelling lic~nse may be in jeopardy. Said al.:tions shall be
initiated by the City Council ~l.t th~ request ofdl~ Police Depnrrmenr. If anOther v:olation occurs \....ithin
twelve months aner any two previous instances where the police sent you a letter. nction against you will
begin \vithollt waming. No licl:lnse action shall be imposed should funher violations occur if eviction
proceedings are pending or within thirty days of notice to a tenant to val.:ate the premises.
Onc:= the Police Department rel:dv~s 'your response. ~omel)O~ will Cl'ntact ;O'J as a fcollow up to dev~lop lJ
plan on h0'.v to proceed. If you have any questions, you may either call me at 65!~ 739~4 PI between 8:00
a.m. and 4;30 p.m. Monday through Friday. or include a phone number with your \vrinen response and
indicate that you would like a call.
We appreciate your prompt interest in this matter.
Respectfully,
Michele Jurjans
STAR Coordinator
William Hering
ChiefofPolicef
DirectOr of Public Safety
Date and Tim~ of Incident;
leR;
2100 Radio Drive
Woodbury. Minnesota 55125
WE HE!.P
.....
The VJc~rf Wc'!
POLlCE:651/739-4141 . FAX 714-3708
FIRE; 651/714-3700 . FAX 714-3703
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Greg Copeland, City Manager
David Fisher, Building Official
Comprehensive Plan - Goals and Mission for the HRA
July 2, 2007
INTRODUCTION
The City of Maplewood has goals and policies in the May 2002, Comprehensive
Plan, The purpose of the Comprehensive Plan is to help the public and private
sector in planning for physical, social and economic development. The Plan is a
set of guidelines for the city to follow, rather than the law,
BACKGROUND
At the June 20th meeting, the HRA inquired about their mission statement for the
City of Maplewood,
DISCUSSION
I have included a copy of the goals and policies from the Comprehensive Plan
dated May 2002, The HRA may want to use the information provided as a
starting point for the writing of a mission statement.
RECOMMENDATION
Review all the information provided and give staff direction about a mission
statement.
P: HRA Comprehensive Plan - Mission statement July 2 2007
Attachment: Comp plan page 7, 8, 18, 19, 20 & 21
GOALS OF THE CITY OF MAPLEWOOD
GOALS
Maplewood has developed a set of community-wide goals, They are the
basis for the City's planning and development efforts, These goals are:
e Human Rights Goal: The City will positively identify itself as a
community that includes and respects all individuals and groups within
it. There should not be limitations or discrimination based on religion,
age, income, gender, sexual orientation, ethnic background or political
belief, The City will protect each citizen's rights and encourage them
to exercise their responsibilities as citizens,
e Citizen Involvement Goal: The decisions and actions of City
government should consider the needs and desires of its citizens, The
City will provide a wide range of opportunities for citizen participation
and community involvement in local decisions,
co Communication Goal: The City will encourage and promote
communication with the public to achieve a high level of citizen
participation and community involvement.
" City Implementation Goal: The City will use a rational and
democratic system to help the citizens, council and management
decide about the use of resources, These decisions should help the
City achieve its goals,
In order to accomplish the goals listed above, the City has developed the
following additional goals:
" Cultural-Leisure Activity Goal: The City will encourage or provide
opportunities for cultural and leisure activities for all citizens,
co Economic Goal: The City will provide a supportive climate for
business consistent with orderly development and planning,
" Employee Goal: The City will provide and develop highly-motivated,
professional, experienced, productive and well-trained employees with
high morale and with a stake in the City's future,
" Finance Goal: The City will finance its activities so that they foster
the City's growth, improve the citizens' lives and assure the City's
financial stability,
7
10 Housing Goal: The City will encourage a variety of housing which
provides for a choice of type, location, price and ownership versus
renting, Housing should be safe, sanitary, secure, comfortable, free
from blight, with access to public streets, utilities, schools and parks,
10 Metropolitan Goal: The City will actively participate in finding
solutions to metropolitan problems that affect the City or its citizens,
e Public Services and Infrastructure Goal: The City will provide and
maintain comprehensive, high-quality and cost-effective public
services, The City will provide these services in a fair and democratic
way,
e Safety and Social Order Goal: The City will provide an environment
to enjoy life in peace and freedom from criminal acts and preventable
disasters,
.. Significant Natural Features Goal: The City will preserve, protect,
conserve and use wisely its significant natural features,
10 Transportation Goal: The City will have a transportation system that
is safe, efficient, minimizes disruption, promotes better land
development, improves the aesthetic appearance of the City and
reduces air pollution, This system should provide transportation
opportunities for citizens without cars,
. Urban Design Goal: The City will strive to improve the appearance of
the City, maintain compatible land uses, and encourage a sensitive
integration among activities, man-made facilities and the natural
environment.
These are the City's overall goals, There also are specific goals and policies
in each of the Comprehensive Plan elements,
8
lAND USE PLAN
PURPOSE
The Land Use Plan interrelates with all elements, goals and objectives of the
Comprehensive Plan, The purpose of the Land Use Plan is to designate the
type, location and density of land uses in the City, In doing this, the City
considered the following items:
a, Community goals and objectives,
b, Natural features,
c, Supportive elements, such as transportation, drainage systems and
utilities,
d, Existing and future problems,
e, Coordination with surrounding communities and metropolitan facilities,
GOALS
The City govemment has a strong influence on the way a community develops,
Community facilities and laws can stimulate or retard development. While the
workings of the real estate market help determine the uses of land, these uses
are regulated by City government. The City is the only entity with an
opportunity to coordinate overall development in the City,
The following are the City's overall land use goals:
. Provide for orderly development,
.. Protect and strengthen neighborhoods.
.. Promote economic development that will expand the property tax
base, increase jobs and provide desirable services,
.. Preserve significant natural features where practical.
. Minimize the land planned for streets.
.. Minimize conflicts between land uses,
18
.. Prevent premature use, overcrowding or overuse of land, especially
when supportive services and facilities, such as utilities, drainage
systems or streets, are not available,
.. Provide a wide variety of housing types.
.. Provide safe and attractive neighborhoods and commercial areas.
.. Integrate developments with open space areas, community facilities
and significant natural features.
.. Maintain and upgrade environmental quality and, where needed,
reclassify land uses,
GENERAL DEVELOPMENT POLICIES
The following general development policies are intended to implement the
previous goals:
.. The City will not approve new development without providing for
adequate facilities and services, such as streets, utilities, drainage,
parks and open space,
.. Safe and adequate access will be provided for all properties.
.. Transitions between distinctly differing types of land uses should
not create a negative economic, social or physical impact on
adjoining developments,
.. Whenever possible, changes in types of land use should occur so
that similar uses front on the same street or at borders of areas
separated by major man-made or natural barriers,
.. The City requires all development to meet state and federal laws,
including Minnesota Pollution Control Agency (MPCA) regulations,
unless a variance is obtained from the regulating agency,
.. The City may require that a developer do sound tests to verify
compliance with MPCA regulations,
.. Grading and site plans should preserve as many significant natural
features as practical.
.. The City requires drainage and erosion control plans with new
developments, Such plans shall not increase the rate of runoff and
shall prevent erosion,
. The City will use the National Urban Runoff Program (NURP)
standards for the design of new storm water ponds.
19
.. Maplewood will use the Minnesota Pollution Control Agency's
(MPCA's) urban best management practices when reviewing any
proposed development to reduce non point source pollution in storm
water.
.. The City will not remove land from the tax rolls unless it is in the
public interest.
.. The City supports the improvement, replacement or redevelopment
of substandard or incompatible development.
. The City coordinates its planning with neighboring communities.
.. The City applies its development policies and ordinances
consistently and uniformly,
. The City coordinates land use changes with the character of each
neighborhood,
. The City regulates development near or the alteration of natural
drainage systems to manage storm water runoff,
.. The City uses the Ramsey County Soil Survey to identify areas with
soils that are not suitable for building sites.
.. The City may require the developer to furnish evidence from a
registered soil engineer that areas with problems can be developed
as proposed,
. The City considers the recommendations of the area Watershed
organizations in the review of development requests.
" The City will notify the MNDOT Commissioner at least thirty days
before considering any proposal that would extend more than 200
feet above ground level at the site.
. The City will coordinate development reviews (plats, site plans,
environmental documents, traffic studies, capital improvements)
with MNDOT for proposals along state and interstate highways.
RESIDENTIAL DEVELOPMENT POLICIES
The following are the City's residential development policies:
.. Plan residential neighborhoods, with schools and parks as the hub.
Natural or man-made physical barriers should not traverse, but set
the boundaries of the neighborhood.
20
.. Include a variety of housing types for all types of residents,
regardless of age, ethnic, racial, cultural or socioeconomic
background. A diversity of housing types should include
apartments, townhouses, manufactured homes, single-family
housing, public-assisted housing and low- and moderate-income
housing, and rental and owner-occupied housing.
.. Disperse low- and moderate-income developments throughout the
City, rather than concentrating them in one area or neighborhood,
Such housing should be near bus lines or have access to other
public transportation.
.. Support innovative subdivision and housing design,
II Support the use of planned unit developments for sites with
development challenges to allow for creative design solutions.
.. Protect neighborhoods from activities that produce excessive noise,
dirt, odors or which generate heavy traffic,
.. Protect neighborhoods from encroachment or intrusion of
incompatible land uses by adequate buffering and separation,
COMMERCIAL AND INDUSTRIAL DEVELOPMENT POLICIES
The following are the City's commercial and industrial development policies:
.. Group compatible businesses in suitable areas.
" Provide attractive surroundings in which to shop and work.
" Require adequate off-street parking and loading facilities,
.. Promote the joint use of parking areas, drives and trash containers.
.. Avoid disruption of adjacent or nearby residential areas.
.. Use planned unit developments wherever practical. Maintain
orderly transitions between commercial and residential areas,
.. Require commercial and industrial developers to make all
necessary improvements to ensure compatibility with surrounding
residential uses,
'" Require adequate screening or buffering of new or expanded
commercial areas from any adjacent existing or planned residential
development.
21
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
City Manager
Ken Roberts, Planner
HRA BYLAWS - AMENDMENT
June 28, 2007
INTRODUCTION
Request
Staff is proposing that the Housing and Redevelopment Authority (HRA) amend several sections of
their bylaws, There are several sections of the bylaws that are out of date that the HRA should
amend to reflect the current practices of the HRA and the city, To be consistent with the recent
direction of the city manager, the HRA needs to change the bylaws to reflect the current practices
of the HRA,
Reasons for this Request
There are several parts of the current HRA bylaws that are not consistent with the recent directives
of the city manager (especially about their meetings), The HRA must change their bylaws to make
them consistent with the new policy,
BACKGROUND
Council's Action
On September 25, 2006, the city council appointed Beth Ulrich, Joy Tkachuck, Gary Pearson and
Jeffrey James to serve on the Maplewood HRA.
DISCUSSION
As I noted above, there are several sections of the bylaws that the HRA needs to change to meet
their current practices, I have provided a complete set of the bylaws with the changes included in
the document.
RECOMMENDATION
Adopt the proposed amended HRA bylaws starting on page two,
P:com_dvmt\ordlhra bylaws - 2007
Attachment:
Proposed HRA Bylaws
BYLAWS OF THE HOUSING
AND REDEVELOPMENT AUTHORITY
OF MAPLEWOOD, MINNESOTA
(Amended by the HRA on
)
ARTICLE I - THE AUTHORITY
Section 1, Name of Authority, The name of the Authority shall be the "Housing and
Redevelopment Authority of Maplewood, Minnesota,"
Section 2, Seal of Authority, The seal of the Authority shall be in the form of a circle
with the symbol of a Maple Leaf in the center and shall bear the name of the Authority and
the year of its organization,
Section 3, Office of Authority, The offices of the Authority shall be at the City Hall in the
City of Maplewood, State of Minnesota, but the Authority may hold its meetings at such
other place or places as it may designate by resolution,
ARTICLE II - OFFICERS
Section 1, Officers, The officers of the Authority shall be a Chairman, a Vice-
Chairman, and a Secretary,
Section 2, Chairman, The Chairman shall preside at all meetings of the Authority,
Except as otherwise authorized by resolution of the Authority, the Chairman shall sign all
contracts, deeds and other instruments made by the Authority, At each meeting, the
Chairman and city staff shall submit such recommendations and information as they !=Ie
may consider proper concerning the business, affairs and policies of the Authority,
Section 3, Vice-Chairman, The Vice-Chairman shall perform the duties of the
Chairman in the absence of incapacity of the Chairman; and in case of the resignation or
death of the Chairman, the Vice-Chairman shall perform such duties as are imposed on
the Chairman until such time os the Authority selects shall select a new Chairman,
Section 4, Secretary, The Secretary shall perform the duties of a Secretary for the
Authority and in the absence of the Chairman and Vice-Chairman, shall perform the duty of
Chairman of any meeting,
Section 5, Additional Duties, The officers of the Authority shall perform such other
duties and functions as may from time to time be required by the Authority or the bylaws or
rules and regulations of the Authority,
2
Section 6, Election or Appointment. The Chairman, Vice-Chairman and Secretary
shall be elected at the annual meeting of the Authority from among the Commissioners of
the Authority and shall hold office for one year or until their successors are elected and
qualified,
An Executive Director may be appointed by the Authority, Any person appointed to fill
the office on Executive Director, or any vacancy therein, shall have such term as the
Authority fixes, but no Commissioner of the Authority shall be eligible to this office,
Section 7, Vacancies, Should the office of Chairman, Vice-Chairman or Secretary
become vacant, the Authority shall elect a successor from its membership at the next
regular meeting and such election and term shall be for the unexpired term of said office,
When the office of Executive Director becomes vacant, the Authority may appoint a
successor as aforesaid,
Section 8, Additional Personnel. The Authority may from time to time employ such
personnel as it deems necessary to exercise its powers, duties and functions as
prescribed by the Municipal Housing and Redevelopment Law of Minnesota applicable
thereto, The selection and compensation of such personnel (including any Executive
Director) shall be determined by the Authority subject to the laws of the State of
Minnesota,
ARTICLE III - MEETINGS
Section 1, Annual Meetina, The annual meeting of the Authority shall be held on the
2nd Wednesdav Tuesday of March at 7:00 ~p,m, at the regular meeting place of the
Authority,
Section 2, Reqular Meetinqs, Monthly meetings shall be held without notice at the
regular meeting place of the Authority on the 2nd Wednesdav Tuesday of each month at
7:00 ~ o'clock p,m, unless the same shall be a legal holiday, in which event said
meeting shall be rescheduled,
Section 3, Special Meetinas, Special meetings of the Authority may be called by the
Chairman, or two members of the Authority for the purpose of transacting any business
designated in the call. The call for a special meeting may be delivered at any time prior to
the time of the proposed meeting to each member of the Authority or may be mailed to the
business or home address of each member of the Authority at least two (2) days prior to
3
the date of such special meeting, At such special meeting no business shall be considered
other than designated in the call or notice, but if all of the members of the Authority are
present at a special meeting, any and all business may be transacted bv the Authoritv at
such special meeting,
Section 4, Quorum, The powers of the Authority shall be vested in the Commissioners
thereof in office from time to time, Three Commissioners shall constitute a quorum for the
purposes of conducting its business and exercising its powers and for all other purposes,
but a smaller number may adjourn from time to time until a quorum is obtained, When a
quorum is in attendance, action may be taken by the Authority upon to vote of a majority of
the Commissioners present.
Section 5, Order of Business, At the regular meetings of the Authority the following
shall be the order of business:
1, Roll Call.
2, Reading and approval of the minutes of the previous meeting,
3, Approval of the agenda,
4, Bills and communications,
5, Reports of Committees,
6, Unfinished Business,
7, New Business,
8, Commissioner presentation,
9, Adjournment.
All resolutions shall be in writing and shall be copied in the minutes journal of the
proceedings of the Authority,
Section 6, Manner of VotinQ, The voting on all questions coming before the Authority
shall be by roll call, and the yeas and nays shall be entered upon the minutes of such
meeting,
Section 7, Rules to Govern MeetinQs, Robert's Rules of Order shall govern the
meetinQs,
4
ARTICLE IV - AMENDMENTS
Amendments to Bylaws, The bylaws of the Authority shall be amended only with the
approval of at least three of the members of the Authority at a regular or special meeting,
Date of Original Approval: April 22, 1975
Date of HRA Approval of Amendments:
5
MEMORANDUM
To:
From:
Subject:
Date:
City Manager
Ken Roberts, Planner
Truth-In-Sale of Housing Ordinance
June 28, 2007
INTRODUCTION
The truth-in-housing ordinance has served Maplewood well since the city adopted it in 1990,
Maplewood intended this ordinance (by its use and implementation) to provide prospective
buyers of residential properties more information about those properties before making a final
decision about the purchase, The code also has been a method for the city to help maintain a
higher quality of housing in the city,
BACKGROUND
The city adopted the truth-in-housing ordinance in 1990, (Refer to the ordinance starting on
page two,) Maplewood has made minor revisions to the ordinance since 1990,
DISCUSSION
Section 12-462 of the code states the purpose of the truth-in-housing ordinance, It says, "The
purpose of this article is to protect the public health, safety and welfare and to promote decent,
safe and sanitary dwelling accommodations, To help accomplish this, the city is requiring the
disclosure of housing information and defects as a condition of the sale of housing, City
inspectors may use this information to require the correction of code violations,"
Section 12-463 of the city code has the definitions in the truth-in-housing code, This includes
the definition for housing unit. It reads "A single-family dwelling, a double-dwelling unit, a
townhouse unit, a condominium unit (as defined by Minnesota Statutes), or any other attached
housing unit designed for the occupancy of one family, A housing unit shall not include a
manufactured home," The city did not include the inspection of manufactured homes in the
ordinance at the request of the housing evaluators,
The ordinance requires an owner who is listing or showing a residential property for sale to have
a truth-in-housing evaluation done for the property, This evaluation covers the basic systems
and visible parts of a residential property and a copy of the report is to be available for review by
prospective buyers during showings of the property, I have attached a copy of the city
evaluation form starting on page seven,
The ordinance also requires the property owners to complete a disclosure report for the
property, I have included a copy of the city's seller's disclosure report on pages 11 and 12,
RECOMMENDATION
Direct staff to provide more information (if necessary) about truth-in-housing in Maplewood,
P:/com_dvptlHRAfTIH infonnation - 2007
Attachments:
1, Truth-in-Sale-of-Housing Code
2, Existing T-I-H Disclosure Report Fonn
3, Seller's Disclosure Report Fonn
Attachment 1
S 12-462
MAPLEWOOD CODE
ARTICLE XI. TRUTH IN SALE OF HOUSING
Sec. 12-462. Purpose.
The purpose of this article is to protect the public health, safety and welfare and to promote
decent, safe and sanitary dwelling accommodations, To help accomplish this, the city is
requiring the disclosure of housing information and defects as a condition of the sale of
housing, City inspectors may use this information to require the correction of code violations,
(Code 1982, S 9-235)
Sec. 12-463. 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:
Adequate water flow means enough pressure to maintain at least a one-quarter-inch
diameter (pencil-sized) flow of water from each of at least three or more plumbing fixtures at
the same time,
Contractual agreement means an agreement, written or otherwise, between a buyer and
seller for the conveyance of or the intent to convey all or part of a housing unit or residential
building, A contractual agreement shall include but not be limited to an earnest money
contract, deed or purchase agreement,
Housing unit means a single dwelling, a double-dwelling unit, a townhouse unit, a
condominium unit as defined by state law, or any other attached housing unit designed for the
occupancy of one family, A housing unit shall not include a manufactured home,
Owner means a person having a vested interest in the housing unit or residential building
in question, This includes his duly authorized agent or attorney, before a sale,
Residential building means a building containing one or more housing units,
Sale means the conveyance of a housing unit or residential building to a new owner,
(Code 1982, S 9-236)
Cross reference-Definitions generally, S 1-2,
Sec. 12-464. Applicability.
This article shall not apply to any newly constructed housing or residential building when
the title is conveyed to the first owner, except that no owner shall conveyor contract to convey
a newly constructed housing unit or residential building without first providing to the buyer:
(1) A list of the names, addresses and telephone numbers of all contractors and subcon-
tractors who constructed the building,
(2) The items in subsections 12-465(b)(2)a-(b)(2)c and (b)(2)e--(b)(2);,
(Code 1982, S 9-237)
CD12:48
3
BUILDINGS AND BUILDING REGULATIONS
S 12-465
Sec. 12-465. Disclosure report.
(a) An owner shall not show a housing unit or residential building to a prospective buyer
without publicly displaying and making available a truth-in-sale-of-housing disclosure report,
This report shall be at the housing unit or residential building at the time of showing and
within three days of listing, A copy of the disclosure report shall be issued to the buyer before
the execution of a contractual agreement, A copy of such report must be filed within 15 days
with the city to be valid, A double filing fee shall be collected by the city if the report is not filed
within 15 days,
(b) A housing disclosure report shall be prepared by the city, It shall include the following:
(1) An evaluation by a city-certified housing inspector of specific parts of the building and
property listed on the housing disclosure report, This list shall include but not be
limited to items addressed in the housing maintenance, siding and junk removal
ordinances, The city shall be responsible for determining whether there is an
ordinance violation,
(2) A signed statement by the owner that includes the following information:
a, Any damage to the building or its contents by flooding or sewer backup and any
evidence of chronic water seepage of which the owner has kuowledge,
b, The nature, extent and cause of any water seepage or flooding of any portion of
the property,
c, Whether or not there are pending housing orders from the city about the property,
d, Whether there is a homestead classification for real estate taxes payable,
e, Any other kuown defects or problems that are not visible,
f, Any deed restrictions or covenants running with the property,
g, Whether the property is subject to the city's pipeline, shoreland or floodplain
ordinances,
h, The location and status of all kuown wells, including a map, stating whether the
well is in use or abandoned and sealed,
i, Whether the property is next to a high-voltage transmission line, If so, the
disclosure form shall include the following statement: "The subject property is
located near a high-voltage electric transmission line, Purchasers should be
aware that there is ongoing research on exposure to a magnetic field generated by
high-voltage lines, At this time no risk assessments have been made,"
(c) A truth-in-sale-of-housing disclosure report shall be valid for no more than one year from
the date of approval by the city, However, if there is substandard maintenance or subsequent
damage to the building, the director of community development may require a new inspection,
(Code 1982, S 9-238)
CD12:49
4
~ 12-466
iVIAPLEWOOD CODE
Sec. 12-466. Limitations.
(a) In making a housing inspection pursuant to this article, the inspector shall consider any
concealed facilities to be adequate, The inspector shall base his evaluation on the functional
operation of the facility and the condition of the equipment that is viewed, No other warrant
is expressed or implied,
(b) No one shall consider anything in a truth-in-sale-of-housing disclosure report to imply
that a residential building or housing unit meets all minimum building standards, In addition,
no one shall consider anything in the report to imply a warrant of the condition of the housing
evaluated, The inspector warrants that he has used reasonable care and diligence in
inspecting and evaluating the building,
(Code 1982, ~ 9-239)
Sec. 12-467. Certificate of competency.
(a) No person shall fill out a truth-in-sale-of-housing disclosure report in the city without
having a valid certificate of competency or truth-in-housing evaluator's license from the city,
The city must issue the certificate of competency or license, The city will only approve people
as housing inspectors or evaluators who are licensed as truth-in-housing evaluators in Saint
Panl or Minneapolis, The housing inspectors must submit a copy of their truth-in-housing
license and any certification papers to the city from the City of Saint Paul or the City of
Minneapolis, The city must license each housing inspector or evaluator who works in the city,
The city will automatically revoke or cancel a housing inspector's license if it is revoked or
cancelled for violation of law or violation of the housing evaluators' code of ethics in either
Saint Paul or Minneapolis, The city may require the passing of a test that shows the
inspector's knowledge of the housing code, The city may then issue a certificate of competency
which is valid for one year, The city may issue renewals of all such certificates, If a certificate
of competency lapses for one year or more, the person who held such certificate shall reapply
to the city for renewal of such certificate, No holder of a certificate of competency or license
from the city shall allow another person to use such certificate or license,
(b) The city council may revoke the certificate of competency of a housing inspector for
cause, At least ten days before the hearing, the city shall send written notification to the
mailing address used in the inspector's application, The notice shall list the date, time and
place of the hearing and of the specific reasons for the suspension, The community develop-
ment director may, at his discretion, suspend the certificate of competency of a housing
inspector pending a suspension hearing,
(Code 1982, ~ 9-240)
Sec. 12-468. Insurance.
(a) For the purposes of this article, no certificate of competency shall be issued or renewed
without satisfactory proof of insurance insuring the applicant or evaluator,
(b) The city shall be included as a named insured on the required insurance, and any
additional cost for including the city shall be at the expense of the applicant or evaluator,
CD12:50
5
BUILDINGS AND Bun;DING REGULATIONS
~ 12-498
(c) The applicant's or evaluator's insurance shall remain in force continuously thereafter,
and no certificate of competency shall be deemed to be in effect during any period oftime when
such insurance and proof thereof are not also in effect,
(d) Each applicant or evaluator shall have an individually named insurance policy,
(e) The insurance policy shall provide coverage of not less than $250,000,00 per claim or
$500,000,00 per year, aggregate, against any and all liability imposed by law resulting from
the performance of the duties as a certified truth-in-sale-of-housing evaluator,
(Code 1982, ~ 9-241)
Sec. 12-469. Housing evaluation fees.
The city council shall set up a fee schedule by resolution for the filing of truth-in-sale-of-
housing disclosure reports,
(Code 1982, ~ 9-242)
Sec. 12.470. Violations.
Any person failing to meet and follow the requirements of this article shall be guilty of a
misdemeanor and, upon conviction, shall be punished in accordance with section 1-15,
(Code 1982, ~ 9-243)
Sees. 12-471-12.496. Reserved,
~TICLE XII. SWIMMING POOLS"
~SION L GENERALL
Sec. 12.497. Applicability. ~
This article shall only apply to pools ~ed
"
(Code 1982, ~ 31-15)
Sec. 12.498. Definitions.
The following words, terms and pblases, when used in this 'cle, shall have the meanings
ascribed to them in this section, e"c~pt where the context clearly' 'cates a different meaning:
Swimming pool means any'-;;:anmade pool capable of being used for
(Code 1982, ~ 31-1) /
Cross reference )eflrritions generally, ~ 1-2,
"'Cross refere/Zonmg, ch, 44,
CD12:51
6
~
,i , .1'"
." r ,.~
':,~
..~-...r'"
v,
CITY OF MAPLEWOOD
1830 Count)' Road BEast
Maplewood, MN 55109
(651) 249-2300 Fa.~ (651) 249-2319
Disclosure Report
Maplewood Truth-In-Sale of Housing
(Carefully read this entire report)
THIS REPORT IS NOT A WARRANTY, BY THE CITY OF MAPLEWOOD OR EVALUATOR OF THE FUTURE
USEFUL LIFE, OR THE FUTURE CONDITION OF ANY BUJLDING COMPONENT OR FIXTURE,
Attachment 2
~
~
~
~
Notice: A copy of this Report must be publicly displayed at the premises when the house is showu to prospective buyers, and
a copy ofthis Report must be provided to the buyer prior to the time of signing a Purchase Agreement.
Address of Evaluated Dwelliug:
Owner's Name:
Owner's Address:
inc1udeCity & State if NOT Maplewood, and ALL Zip codes, EVEN IN Maplewood
Type of Dwelling: Siugle Family _ Duplex _ Townhouse - Condo' -
'For condominium units, this evaluation includes only those items located within the residential units and does not include the
common use areas, or other nonresidential areas of the structure.
Comments:
SELLER'S DISCLOSURE STATEMENT: To be completed by the Seller or their representative,
"M" = Meets minimum standards ~ the item conforms to minimum standards of maintenance
"B" = Below minimum standards - the item is belmv minimum standards
-
RATING "ell = Comments - the item cannot be adequately evaluated or it has some deficiency, but the deficiency
KEY: is insufficient to make the item below minimum standards
"Bu = Hazardous - the item in its present condition may endanger the health and safety of the occupant
Any item marked "B., .C., or "H" must have a written comment about tile item, Additional comment
sheets may be attached if needed,
"yn = Yes "N" = No llNV" = Not VisibleNiewed "NA" = Not Applicable
This Report:
I. is intended to provide basic infonnation to the home buyer and seller prior to the time of sale, Minimum standards for tillS
report are as contained in the Maplewood City Code,
2. is not warranty, by the City of Maple wood, of the condition of the building or any building component, nor of the accuracy
of this report.
3, covers only the items listed on the fonn and only those items visible at the time of the evaluation. The Evaluator is not
required to ignite the heating plant, use a ladder to observe the condition of the roofing, disassemble items or evaluate
inaccessible areas,
4, may be based upon different standards than the lender, Federal Housing Administration (FHA) or Veterans Administration
(VA),
5, is valid for one year from the date of issue and only for the owner named on this report.
Questions about this report should be directed to the evaluator, seller of the seller's agent.
Complaints about this report should be directed to the Community Development Department, Maplewood CitJ Hall,
1830 Count)' Road BEast, Maplewood, MN 55109, (651) 249-2300,
'"
ft
...
J;:
'"
-
"
...,
EVALUATOR:
PHONE:
DATE:
Rev 1/l/2002
7
Property Address:
See Page 1 for Rating Key
BASEMENT/CELLAR
1. Stairs and handrails ' , , , ' , , ' , , , , ,
2, Basement/cellar floor, , , , ' , , , , . , . ' , ' , , , ,
3. Foundation, , ' , , , , , ' , , , , ' , , , , , ' , , , , , , ,
4, Eloidence of dampness or staining ,,',"','
5, First floor, floor system """""""."
6, Beams and columns , , , , , ' , , , , ' , ' , , , , , , .
ELECTIUCAL SERVICE(S)# of SeI'\oices . ,
7, Service size:
Amps: 30_60_100_150_0ther_
Volts: U5 _ U5/220_
BASEMENT ONLY,
8, Electrical seI'\oice installationJgrounding , , , , ,
9, Electrical wiring, outlets and fixtures, ' , , , , ,
PLUMBING SYSTEM
10, Floor drain(s) (basemem) , , , , . , , , ' , , , , , , ,
11. Waste and vent piping (all floors), , , , , , ' , , '
12, Water piping (all floors) , , ' . , ' , , , . , , ' , , , ,
13, Gas piping (all floors) """,.,.""""
]4, Water heater(s), installation, ' , , , ' , , ' , , , , .
15, Warerheater(s), venting".""".".""
16, Plumbing fixtures (basement) , , . , . . , , ' , , , ,
REATINGSYSTEM(S) lIof"".""",
17, Heatingplant(s): Type: _ Fuel: _
a, Installation and visible condition , , , , , , . , , ,
b, Viewed in operation, , , ' , , , , ' , , , , , , ' , , , ,
c. Combustion venting. . . . . . . . . . . . . . . . . . . .
The Evaluator is not required to ignite the heating plant(s), except
during heating season., between October 15 and Aprll15.
18, Additional heating unites) Type: _ Fuel:
a, Installation and ,isible condition , , , ' , , , , , ,
b, Viewed in operatiou , ' , , , , , , ' , , , , , . , , ' , '
c. Combustion venting. . . . . . . . . . . . . . . . . . . .
19, AJ>DITIONAL COMMENTS (1 through 18)
EV1,LUATOR:
Item #
Comments
Specify location(s), where necessary
DATE:
8
Page of
Rev 1/1/2002
Property Address:
See Page I for fulting Key Item # Comments
Where there are multiple rooms to a category, the Evaluator must specifY tlle room to which a Comment is related.
KITCHEN
20, Walls and ceiling, ' , , , , , . ' , , , , ' , , , , , , ' ,
21. Floor condition and ceiling height, , , , , , , ' ,
22, Evidence of dampness or staining ""","
23, Electrical outlets and l'b.:tures , . , , , ' , , , , , , .
24, Plumbing fixtures ,"""',',",""','
25, Water flow, , , , . . ' , , , , , , , , , . , ' , , , , , , , ,
26, Window size/openable area/mechanical exhaust
27, Condition of doorsl"indows/mech, exhaust, ' ,
LIVING AND DINING ROOM(S)
28, Walls and ceiling, , , , , , , , ' , , , , . , , ' , , , , ,
29, Floor condition and ceiling height, , ' , , , , , ,
30, Evidence of dampness or staining ",...",
31. Electrical outlets and fi"1ures , , , , , , , , , , , ' ,
3 2, Window size and openable area , , , , , ' , , , , ,
33, Window and door condition ""',""'"
HALLWAYS, STAIRS AND ENTRIES
34, Walls, ceilings and floors """",",,'
35. Evidence of dampness or staining .........
36, Stairs and handrails to upper floors """,'
37, Electrical outlets and fi"1ures , ' , , , . , , , ' , ' ,
38, Window and door condition "",',,"'"
39, Smoke detector(s) """".'""""."
Properly located , ' , , , . , , , ' , , , , , , , . ' , ' , ,
Hard-"ired , , , ' , , , , , ' , , ' , , , . , , , , ' , , , , ,
BA THROOM(S)
40, Walls and ceiling, , , , , , , , , ' , , , , , , , , , , , '
41. Floor condition and ceiling height, , , , ' , , , ,
42, E\idence of dampness or staining ,""'"
43, Electrical outlets and fi"1ures ' , , , ' , , , , , , ' ,
44, Plumbing fh1ures "",',"""""',"
45, Water flow, , ' , , , , , , , ' , , , , , , , , ' , , , , , . ,
46, Window size/openable area/mechanical exhaust
47, Condition of"indows/doors/mech, exhaust, ,
SLEEPING ROOM(S)
48, Walls and ceiling, , ' , , , , , ' , , , ' , , , , . , , , ,
49, Floor condition, area, and ceiling height ,'"
50, Evidence of dampness or staining ,,""'"
51. Electrical outlets and fi"1ures , , , , , , , , , , , , '
52, Window size and openable area , , , . . , , , ' , ,
53, Window and door condition ..""""".
ENCLOSED PORCHES AND OTHER ROOMS
54. Walls and floor condition ,"""',',""
55, E\idence of dampness or staining ,""""
56, Electrical outlets and fi"1ures , , , , , , , , , , , , ,
57, Window and door condition "",',,"'"
ATTIC SPACE (Visible Areas)
58, Roofboards and rafters ..""",.""",
59, E\idence of dampness or staining .,."""
60, Electrical wiringloutletslfi"1ures ,,',"""
61. Ventilation """"",..""""",.,
62, ADDmONAL COMMENTS (20 through 61)
EVALUATOR:
DATE:
Page_of_
Rev 1/1/2002
9
Property Address:
See Page I for Rating Key
EXTERIOR (Visible Areas)
63, Foundation , ' , , , , , , , , , , ' , , , , , , , , , '
64, Basement/cellar windows ,,"",","'"
65, Drainage (grade) """,."""""""
66, Exteriorwalls .."""",..'",..'""
67, Doors (fnunes/storms/screens) ,",',"'"
68, Windows (frames/storms/screens) , , , , ' , , , ,
69. Open porches, stairways and decks ,""'"
70, Cornice and trim "'."""""""",,
71. Roof structure and covering, , ' , , , , , ' , , , , ,
72, Gutters and downspouts ' , , , , ' , ' , . , , ' , , , ,
73, Chimneys ,',"""",',","',,"'"
74, Outlets, fi:\1:Ures and service entrance, , , , , , ,
Item #
Comments
GARAGE
75, Roof structure and covering, , , ' , , , ' , , , , ' ,
76, Wall structure and covering, , ' , , , ' , , , , , , ,
77, Slab condition ",.""""""""""
78, Garage doors , , , , ' , , , ' , , ' , , , , , , . . . . . , '
79, Garage opener- (see important notice #6) , , , ,
80, Electrical wiring, outlets and fixtures ,"'"
81. ADDITIONAL COMMENTS (62 through 80)
FIREPLACEIWOODSTOVES # of
82, Dampers installed in fireplaces ",,""'"
83, Installation ,,"""""',""""""
84, Condition """""""""""..,,'
SUPPLEMENTAL INFORMATIONNo determlIlJ1tion is made
whether items meet minimum standards (YIN, NA, NY, onlv)
INSULATION YIN Type IncheslDepth
85, Attic Insulation
86, Foundation Insulation
87. Kneewall Insulation
88, Rim Joist Insulation
89, ADDITIONAL COMMENTS (81 through 88)
I hereby certify that the ahove report is made in compliance with the Maplewood City Code, and that I have utilized the care and
diligence, reasonable and ordinary, for meeting the certification standards prescribed by the Truth-in-Sale of Housing Ordinance
Article XII of Chapter 9, I have found no instance of non-compliance with the items listed ahove as of the date of this report,
except those designated herein,
Evaluator Signature
Printed Name:
Phone Number
Date
Page_of_
Rev 1/112002
IMPORTAN'T NOTICES
1. RainIeaders connected to the sanitary sewer system must be disconnected,
2, Any house huilt before 1950 may have lead paint oulIn it. If children eat lead paint, they can be poisoned, For more
information call the Environmental Health Officer, (651) 249-2300,
3, The CilJ' of Maplewood or the Evaluator are not responsible for the determination of the presence of airborne particles
such as asbestos, nODOUS gases, such as radon or other conditions of tbe air quality that may be present, nor the
conditions which may cause the above.
4. Automatic garage door openers should reyerse upon striking an object. If it does not reverse, it poses a serious hazard
and should be repaired or replaced immediately,
10
Attachment 3
CITY OF MAPLEWOOD
1830 County Road BEast
Maplewood, MN 55109
(651) 249-2300 Fax (651) 249-2319
TRUTH-IN-SALE OF HOUSING
SELLER'S DISCLOSURE REPORT
This report is NOT VALID unless the following declarations are signed on the original copy submitted to the
buyer,
I, the seller or legal representative of the seller, declare, as of this date, the following information for the
property at (address):
1, The following is a listing of the nature, extent, causes and damage of any water seepage, flooding or
sewer backup due to flooding of any portion of this residential property:
2, There are _ are not _ city code violations or pending housing orders from the City for this
property, If there are any orders, list the date and nature of these orders or attach a copy of the
order(s) to this report, -
3, This property does _ does not _ have a current homestead classification as of
(date), For further information, contact Ramsey County Taxation and Records, Administration
Department.
4, The following is a listing of the deed restrictions and covenants that apply to this property (attach a
copy if necessary):
5, This property is _ is not _ subject to the Maplewood pipeline, shoreland, or flood plain
ordinances, If so, the City's Community Development Department should be contacted at 651-249-
2300 for special development restriction information,
Page 1 of 2
(over)
11
6, The location of all known wells on the property, the date the well water was last tested, if the well(s)
are in use, or abandoned and sealed (State law requires abandoned wells to be sealed under certain
conditions by a licensed water-well contractor), Please contact the Minnesota Department of Health
for more information, The following is a description of where all known wells on the property are
located (attach a map if necessary):
7, This residential property is _ is not _ connected to and served by municipal sanitary sewer
service, If the property is not served by municipal sanitary sewer service, the following information is
about the individual sewage treatment system on or serving this property:
a, Description of system (type and number of parts in system):
b, The system is _ is not _ now in use,
c, The system meets the applicable sewage treatment laws and rules,
d,
The septic tank was last pumped on
(date),
e, The attached map shows the approximate location of the septic tank, drain fields and other
parts of the system on the property to the best of the seller's knowledge,
8, This property is _ is not _ next to high voltage (69,000 volts or more) transmission lines, If the
subject property is located next to a high-voltage electrical transmission line, purchasers should be
aware that there is ongoing research on adverse exposure to a magnetic field generated by high-
voltage lines, As of May 1990, no risk assessments have been made by scientific or health officials to
resolve the health effects of long or short term exposures to magnetic fields, Purchasers with
concerns about the exposures should contact competent medical or health inspectors or agencies for
current risk assessment information,
Please contact Xcel, Electrical Engineering Department, at 779-3100 for more information,
Signature of the seller or seller's designated representative:
Address
Date
Page 2 of 2
12