HomeMy WebLinkAbout10/08/1991I%~ENDI%
MAPLEWOOD HOUSING AND REDEVELOPMENT AUTHORITY
OCTOBER 8, 1991
7:00 P.M.
CITY HALL
NAPLENOOD ROOM
1. Call to Order
2. Roll Call
3. Approval of Minutes
a. September 10, 1991
4. Approval of Agenda
5. Communications
a. By-laws
6. Unfinished Business
a. Residential Programs (Group Homes)
7. New Business
a. The Cottages of Maplewood West
b. Rental Housing Maintenance Code
c. Metro HRA
8. Date of Next Meeting
a. November 12, 1991
9. Adjournment
HRAAGEND · MEM
H~NUTES OF THE
I~PLEW~OD HOUSING ~ REDEVELOPI~ENT ~UTHORITY
SEPTEHBER L0~ L99L
CALL TO ORDER
Chairperson Fischer called the meeting to order at 7:05 p.m.
ROLL CALL
HRA Commissioners:
city Staff:
Lorraine Fischer, Tom Connelly, Larry
Whitcomb, Lori Tauer
Gary Pearson - present at 7:25 p.m.
Ken Roberts
APPROVAL OF MINUTES
a. July 9, 1991
Commissioner Tauer moved approval of the minutes of
July 9, 1991, as submitted.
Commissioner Whitcomb seconded Ayes--Fischer,
Connelly, Whitcomb,
Tauer
APPROVAL OF AGENDA
Commissioner Fischer moved approval of the amended agenda,
adding item 6. a. - Truth-in-Housing.
Commissioner Connelly seconded
Ayes--Fischer, Connelly,
Whitcomb, Tauer
COMMUNICATIONS
a. Tour Information
Secretary Roberts informed the Commission of the
upcoming fall tour. Chairperson Fischer asked the
Secretary if staff had included any of the group homes
on the tour. Mr. Roberts told the Commission that at
least two group homes would be on the tour.
UNFINISHED BUSINESS
a. Truth-in-Housing
ChairperSon Fischer asked Secretary Roberts if he had
received information about truth-in-housing reports and
the number of listings of properties for sale in
HRA Minutes 9-10-91
-2-
Maplewood. Mr. Roberts told the commission that he had
not received all of the information. The Commission
asked Secretary Roberts to contact the Saint Paul Board
of Realtors to get the number of new listings in
Maplewood in 1991 and the number of listings in
Maplewood in July and August of 1991. The commission
asked the secretary to bring this information to the
October meeting.
NEW BUSINESS
Residential Programs (Group Homes)
Ken Roberts, Associate Planner, presented the staff
report.
The commission discussed the definitions of group
homes, residential programs, day care and foster homes.
Commissioner Whitcomb moved to table this item to allow
staff to gather more information for the Commission.
This information is to clarify the definitions and what
the state does and does not include in the definition
of a residential program.
Commissioner Connelly seconded
Ayes--Fischer,
Connelly, Whitcomb,
Pearson, Tauer
Older Adult Share-a-Home Program
Ken Roberts, Associate Planner, presented the staff
report.
The Commission discussed the history and benefits of
this program.
Commissioner Connelly moved to recommend City Council
support and continue this program.
Commissioner Pearson seconded
Ayes--Fischer,
Connelly, Whitcomb,
Pearson, Tauer
Commissioner Connelly moved to recommend staff research
reasons to support this program and send a letter of
support to City Council via Chairperson Fischer.
Commissioner Fischer seconded
, Ayes--Fischer,
Connelly, Whitcomb,
Pearson, Tauer
HRA Minutes 9-10-91 -3-
DATE OF NEXT MEETING
a. October 8, 1991
ADJOURNMENT
Meeting adjourned at 8:45 p.m.
Section. 1.' 'N~me of Au~d~rity. Tne n~ue of the Authori~ ~hall'be
- ,,~ ~ P~developeunt Authority of ~plewodd, .Minnesota."
Section 2. ~ of Authori~. The seal' of t_ha Authority ~%a]1 be in
form of a circle with th~ s~ol of a l.~ple Leaf in the c~nter and W~ull bear
~ nm~e of ~_he. Aut/ucrlty a~ the year of its crg~-ization.
S~c~ion 3. Office .of Aut/~mrity- ~Ine offices of t/~ Au~_~rit?
at ~.~ City ~]~ in the city of Mapel~x~9, State of ~.~_sota, but the Au~ity
may hold its meetings at such o~--r place or places as it may designate by
resolution. "t-
Section 1. Officers. The officers of tha Authority. shall ~e a
a Vice-~-~an, ~ a Secretary.
Section 2. Chaim~.-~.n. TP--~ C~min?an sb~ll presi~?e at -~_1] ms~s of
Au~ority. E~.~epb as ot~--n~ise au=~rized by re~iu~ion of the Au~_hori~.~,
the .C~{~.an shall sign all contracts, d~eds and other instn_~nts'm~e by
and i~ozm, ati~n as b~_ may consider proper concerning the ~usLness, affairs
Section 3. Vice-C_~in~m_n. ~e V~:e-C~a/x~an shall p=-rfozm the duties
of fha C~sn in th~ absence ~r inca~ity of 'the Cha/nn~; and in case of the
resignati~ or death of t~ Cha/zm~n, t~_ Vice-Chef,mn S~all perfo.~ such
~ati~s as ~'e t'~R°se~ on th~ Ch~-~_~ ='~tLl .such t/me as t~ Au~-~rity
select a new C~i~man.
Sect/on 4. Secretary. T~e Secretazy ~hall perf~m the duties of a
Secretar~ for the $,.,t~x~rity an~ in the absence of th~ Chaizman. ar~ Vice-~h~i~,
shall parf~zm the duty of Chaixman of any ~eeting.
Sectic~ 5. A~dition~l Duties. The officers of the Au~_hority ~m/1
Authority ~r tbs bylaws or rules =~/regulati~-~ of the Authority.
Secretary shall ~e elected at t.~ annual maeting of the Aut/~rity frcm a_-D~g
th~ 'C~,~issi~gr~ s of ~he Authority a~.4 s:~%ll hold office f~r one year or
~ suocessors are el~ an~ qualified.
An ~cutive Director ~ay ~ a.~o/n~_ ~ t~e -~t~ority. Any parson
a~o~nt~d to fill t~e office of ~cutive Director, or any vacancy
's~ll have such te~m as th~_ Au~d~r~ty f/xes, bat no Ommiss~=_r of t~ Au~£~
ten~ of ~ off~ce. ;~n~n the' office of ~ecut/ve Director be~es ~ ~ant,
th~ Au=~orlty ,~y a.opoLn~ a succ~or, as aforesaid.
e~. loy such ~rso~_l as '-'t ~e=~as necessarf to exercise i~s ;=,~r~, ~a~ies
~ fu~.~tions as pr-~ibe~ by the }--k~cipal !~us~.~.g and R~develo_uu~_n~
of I'~esota applicable t.~hereto. The selection_~_nd cc~?~-. ~ation of
personnel (inclu~//~ ~.ny ~'~-~:utive Director) s.~%ll be dete~.,-mined
Au~b~rity subject to the la%~ of ~_h~ State of
Sec~o,n 1. An~.aal Y-~etL~.~. ~ne ~%-mm_l meeting of t_~ Authurity
ke b=~%l~ on ~ 2r~ Tuesday of ~Lar~ at 7:30 p.m. at the reT~lar meetS_ng place
of the Au~_hority.
Section 2. R_~ular :.~etL.~$. ~-~nthly meetings s~] be he/d with)ut
not/ce at tP~ regu/ar ~,-~et/ng place of th.~ Authority on =he 2r~ Tue~.ay of
ea=h mont.h at ?:~0 o'clock p.m. unless the s~,~_ sbmll be a legal holiday, in
~ction 3. .S~Clal F~eti~s. S~cial ==~.~s of the Au~.hority nay be
called by the C~n, or two m~mbers of th~ ~,~thority for tb.~ p~rpose of
transacting any hzs/..ness designated in the call. ~he c~] ] ~r a special .n~eting
may be delivered at ~.ny t/me prior to t~ t/me of the ~opose~ meeting to each
member of the Authority ~r ma~ ~e m~ { ] ed to t.he business or hn~ a~dress of
~ch ~ of the Authority at least ~ (2) days prior to the date of
special m~eting. At such spec{~l meet/rig no business shall be_ consid~_~d
othmr than as designated in t~he c~, but if all of the m~ers of ~ha Aut~hurity
· are ~resent at a sp=---.~al m~et/ng, any and all business may be transacte~ at
Secti=n 4. Quorum. Tne'~z~rs of the Authority' shall be veste~ in
Oa~2~ssioners thereof in office f~ ~ to ti~e. Tbzee C~ssio~ers
=x~ute a qu=nn for th~ F~=pose of conducting its ~usiness ar~ ~rcising
its ~s a~f~or all othsr puxposes, bat a ~maller nu~bar may adj~=-n f~..
time to time until a quorum is obtained. ~ a quo=~m is in att~z~r~e,
action may ~e taken 'by the Aubh~rity ~on a vote of a majority of t~ omni~si~.~rs
~sent.
Section 5. ~er of Busines~ At the regu/ar m~etings of the Aut,~rity
the foll=~ng -~11 be the-order of basiness:
1. -~11 Call.
2. ' Rea..~.ng ~ a..mp-~val of the minutes of' the ~revi=as ma. et/.ng
5. Reports of Ou~ittees.
6. unfinis.~ business.
?. New business
8. Ommissionar Bresentati~
All resolutions sb~]] be in ~=iting an~ st~] be copied Ln the
of ~he proceeaL..-gs of t~_ Authority. -.
Sec~n 6. ~L~nn~-r of Voting. The voting on all questio.-~ ~d~ng b~_fore
the Authority. ~all be by roll 'call, and the_ yeas and nays -~. -hall be ~ntered
upon t~_ minutes o~ such .meeting.
Section ?. Rules to ~vern meetings. P~bert's Rules Jf Or'er
~ts to Bylaws. ~he bylaws of t~- Authority shall be amam~
only with the ~ of at least three of the me, ers of the Authority
a~. a rec~L_~, or a ~ m~tir~.
After discussion of the resolution, Om~ission~--~ ~G!over ~mv~d that saL~
resolution be fi~mlly adopte~ as intorduced and r~.~. The m~tion ~s
by O=~issi~ner N_~ni.'tz. The question being pat upon tha final adoption of said
resolution, the roll %~s called with the foll~_ng result:
A OC=l:Orate seal, in the f~ of a circle an~ with ~ ~ of a Maple
of Maple~x~, F~nnasota" ~nd c~n.~in~ng tP~ year of its organization,
than suhnitt~ to the meeting.. ~e foll~ing resolution was then intr~uced
~t tk~ ~ ~%~!~__~tt-~- to ~ meeting is ~_reby ~ as the ~ of
this $.'~thority an~ t~e .~cretary of t_his Authori~f is her~ au~orizad
directed to i.-%~rint said seal on t-~_ K~rgin of ~=m mJ=~u~s opposite ~hiz
re~olution.
~ter dispassion of t=~ resolution, Ca.~.-nissioner t:enitz moved t_~.at sa'L/
resolution be finslly adopted as introduc~ and r =ea~. The ~'-btion %,~s seco.~_~d
by Cc~nissio'aer Juker. Tb._~ q.~est/nn b=_ing Fat. upon the final adoption of said
resolution, the roll %;~s called-¢~ith t_he following re,alt:
Yeas: ~
I{ays: none
Th~ C~zdzman declared ~ach F.~tion carried ~nd th=_ resolution fi~2k!ly
adopted.
It ~as moved a~nd seconded ~%at th~ m-=eting .adjourn. The ~otion_carri~.
I, Fran Juker, Secretary of th~ Housinu ar~ Redevelo.~-r..~nt Authority of
F~l~c~d, ~-~rm. esota, hereby certify tb~t I have cc~pared and annexed minutes of
a ~etin~ of th~ said Authority h=~ld on th~ 22nd day of April, 1975, containing
Resolutions No. 1, organ/zing sa/d Housing Autt~ity, ~No. 2, adoptir~ byla~ for
said EousLng Authority, a~-~ No. 3, adopting a seal for said Housing Authority,
with th~ origi~]-~ thereof recorded in the official minute book of sa~d AutPmrity
and t~t it /s a correct transcript therefrc~ and of the whole of said original;
that the foregoing minutes of the n~eting at wh/ch said resolutions %~_re adopted
~s a ~ue ~ ca~plete transcript of such minutes and that the foregoing Resolutions
~os. 1, 2, an~ 3 are true, cc~plete and accurate copies of :~. resolutions
at sa/d mo_eting. .
IN ¥~ESS WHEREOF, I have hereunto setl my hand and the said Of said
TO:
FROM:
SUBJECT:
DATE:
City Manager
Ken Roberts, Associate Planner
Residential Programs
October 3, 1991
INTRODUCTION
The City Council asked if the City can require a minimum distance
between homes licensed for residential programs, such as St. Paul
does.
B~CKGROUND
Residential programs include a!l types of State-licensed 24-hour-
a-day supervised living facilities for adults and children. This
includes foster care homes. The State licenses these programs in
single dwellings. A professional staff may supervise residents
in these programs or they may be part of a foster family.
Residential programs do not include day-care centers, programs
for sex offenders, hospices or shelters for battered persons.
Many people describe residential programs as group homes. The
State definition of group homes, however, only applies to
children. There are a total of 65 homes in Maplewood licensed
for residential programs. 45 are foster care homes.
State law prevents cities from regulating residential programs
licensed for six or fewer residents in single-family residential
areas. The City requires a conditional use permit for a
residential program with more than six residents. I have
attached on page 3 a copy of the State statutes about residential
programs.
DISCUSSION
State law states that the State shall not grant a license to any
residential program within 1,320 feet of an existing program
without a conditional use permit from the City. This law only
applies to first class cities (Saint Paul and Minneapolis). The
law also specifically exempts foster care homes from the 1320-
foot spacing rule. The State Attorney General's office and the
Minnesota Department of Human Services told staff that other
cities must allow residential programs for six or fewer persons
anywhere in single family areas. Our City attorney agrees.
However, if first class cities can regulate group homes within
1320 feet of each other, other cities should be able to as well.
Staff surveyed fifteen other cities to see if they regulate the
placement of residential programs in their communities. Most
follow the state rules. However, Maple Grove requires at least
1,320 feet between all residential programs, even in single
family areas. Maple Grove has not had a legal challenge about
their spacing requirement, but they only have one home with a
residential program.
RECOMMENDATION
The Council should send a letter to the League of Cities
proposing that they lobby for a change in the law about
residential programs. The change should allow all cities to
require at least 1,320 feet between residential programs except
foster care homes.
kr/memol9.mem (5.1)
Attachment: Chapter 245A of State Statutes
S692
:ryice trni-in_* proil'll~t
· treatment providers,
~'- 3; and the establish.
c,.... The co~,,mimoner
profit entities and may
t of these Sel~Ces or the
s. The prof21m may
n ser~ces and research
ience studies for adoles.
ftam must be approve~i
to the lesislature by Jan.
.*at and prevent compul.
~693
HUMAN StlVlC~ LJCt,'q$1NG ~A.~
CHAPTER 24SA.
HUMAN SERVICES LICENSING
24~A.01 CiLttzon.
-~4~A.02 De~nmont 24~A. 12 Votunta~
~4~A,~ A~l~llOfl P~U~. ~45A.13 [nvolun~ ~v~tp for
:45A.0~ ~ ofa~h~mn. ~t~ a~.
:~5A.07 ~:ont
~4~A.~S R~ of~l~ for ~ 245A. 16
ilJfl~. 245A. 17 Refom of ~ ~d ~Mtlons
24~A. 1 I S~ co~ntons for P~
24SA.01 CITATION.
Sections 245A.01 to 245A. 16 may be cited u the 'human ser~ces licensing act."
History:. /987 c $$$ s /
24SA.02 DEFINITIONS.
Subdivision 1. Seo~. The terms used in sections 245A.01 to 245A. 16 have the
meanings liven them in this secxion.
Subd. 2. Adair. 'Adult' means a person who is 18 yetrl old or older and who:
( 1 ) has mentaJ illness, mental I~tardation or a r~lated condition, a physicai handi. ·
cap, or a functionni impairment; or
(2) is chemically dependent or abuses chemicals.
Subd. 3. Alq~kmnt. "Applicant" means an individuM, corporation, partnership,
voluntary association, controllinl individual, or other organization that has applied for
licensure under sections 245A.01 to 245A. 16 and the rules of the commissioner.
:. a -ho not
private aaeflciet ncr, uc~:snatea mpruentauve includin[ county aaencies and
Sub~L 5t C ladivid - ' ·
esmdli~ ual Centre mdiv~ ,.
~overnmental a~n~ k,,,~ ...... .. .... ilia[ . dual means a pub,it body,
T -,, ,-~-,,.m =nu~/. omcer, · · · '
~ 'h~s~,~.. ~.,....,_ .,. ....... prolrlm lam~mstrutor, or cLir~or whose
· . . .... , ~uy ur w~l'eCti Delie '
owns an mtetut m a co mu · - · · y' .nctauY
.... fpo on, Partnership, or other busmeu ·
controflinl individual. Contmllinl individual does not include: assoc~auon mat ts a
· ,,~ (,i) a ~ ~vings ~ mm com. may, buildinS and ~oan association, uvin
u man assocmuon, credit unio in ' · · gs
barton, ~'m or ~ .......... n, d.ust~, loan. and ~ company, investment
~ · -~*~m~,~ ~a~rnpmay unzess tee elttltv om-.,,. ..... · __.
or ~u; WhOSe tramacuons are exempt under section ~0A.! $, subdivision 2, clause Co);
3 Attachment 1
(4) an individual who is a member of an orlanL~ation exempt from taxation under
· ' ' '' uaJisaJso?~.oll~.cerordirectorofthe or
exclud~ from the dentition of controtii~ individual an or~antzation that is exempt
from taxation.
Subd. 6. County n~-y. 'County a~en~' means the a$en~ designated by the
county board ofcomm~ioners, human service boards, county welfare boards or multi.
county welfare boards, or departments where those have been established under the
law.
Subd. 6a. l~op"in cMM ea~ Im~vam. 'l~'op"in child ca~ pro.am' metns a non.
r~idential proizzm of cl~id care in which children participate on a one-time only or
occasional basis up to a ma.x~mum of 45 hours per child, per month. A drop"ia child
ca~ proizam must be licensed under Minnesota Rules Ioverninl child care centers.
drop"in child care pro.am must meet one of the foUowinI requ~'ements to qualif~ for
the ~ile exemptions specified in section 245A. 14, sul~Livision 6:
(1) the drop"in child care proizam operates in a child ca~ center which houses no
cl~ld care pro[zam except the drop-in child care pro[ram;
(2) the drop-in ci~ld ca~ proizam operates in the same child ca~ center but not
during the ~ame hours as a ~y scheduled ongoin$ child care pro[zam ~th a stable
enrollment; or
(3) the drop-in child care proiram operates in a child ca~ center at the same time
as a re$ularty scheduled on$oin$ child care pro.am w~th a stable enroUment but the
pro~-am's activities, except for bathroom use and outdoor play, are conducted sepa.
rarely from each other.
Subd. 7. Funetkmnl lmiminnent. For the pm'poses of adult day care or adult foster
ca~, 'functional ~mpamnent- means:
or more ~.s~c..l..~ra._~_e.._nz__ed .bY. s,ubs., tantiaJ d~cul~ in carrym[ out one
· .,--- umju~ a~.~v~tles O! d~]'~ Ii--' ........
, ,,u~ SUCh as ~ tot oneseff, per.
rorm maa walkml, seeU heart speattnL brea nl, learn L
or
~69~
4.
SulxL
parxnership,
or a court
in reszdent~a
Subd.
ter, a mece,
or a lej~l
SulxL
¥icles 24-horn
uon. babflitat
or hospital
~erv~ces for
related Condit:
caJ problem
facility for fou.
ing home or
a proj.,'mm For
process lnd
caJ abu~ prosr
funds for provi,
chapter 254R.
semi-independe
dition that are
History: 19~
$ 40
245A.03 ~ j
Sul~livision
ual corporation,
individuaJ must ~
(1) operate a
(2) receive a
adoption;
(3) help plan
(4) advertise
Subd. 2. Exc~
exempt from faction Under
.~-t.or of the pro,-am or o~s
· ~s:on. T'ms c~ d~ not
~- ~tion th~t is exempt
e ~en~ d~i~at~ by the
may welf~ ~ or multi.
~n ~ublish~ under the
~ P~" means a ~on.
~pate on a one-time o~y or
~r month. A d~in child
eminl ch~d c~ centen. A
~u:~men~ to q~ffy ~or
~ion 6:
:~ center ~hich ho~ no
~e ch~d c~ ~nter but not
~ P~ ~ a s~ble
~are center at the same time
] stable enrollment but the
· play, are conducted sepa.
lult day care or adult foster
·culty in carryin~ out one
~ as carin[ for oneself, per.
'eathin& learnins, workins;
~-' zPa~ judsment, behavior,
!' y demands of life and
y the commmioner autho.
a specE~ period of time
'es of the commissioner.
l~dly responsible for the
~tmissioner under sec.
~ is a controilinS indi-
;IM ouuide the person's
<Ih[ adulfotr~aY cam pro.
4~tn'ices lye or moro
.'laied condition or mental
problem that "ecenitates
ased by the conunism'oner
~ handicap that is not
aRhronic condition; and
o;aml in a nunin[ home
hi--se or chemical depen.
doueU f~ pemo~ with
taide of · person's
~69~
~ SrIV~C-F.S LfCE.'~S~G
,~. Subd. ! 1. Person. 'Person' means a child or adult as defined in subdiv~siofls 2 and
Subd. 12. PHvate qency. 'Privat - .
or a co.u: w~!l~ Jurisdiction, that places persons who ca--'--°trier ~nan a. county agency,
in resioentzaz programs, foster cate, or adoptive hom~.~n°r remain tn their own homes
Subd. 13. lndividmJ who is related. "lndividuaJ who is related" means a spouse,
a parent, a natural or adopted child or stepchild, a stepparent, a stepbrother, a steps:s-
tet, a mece, a nephew, an adoptive parent, a grandparent, a sibling, an aunt, an uncle,
or a legal guardian.
Subd. 14. Re,
t~.Residential pro.am' means a program that pro.
wides 24-hour-a-day care, supervision, food, lodging, rehabilitation, training, educa-
tzon. habilitation, or treatment outside a person's own home, including a nursing home
or hospitat that receives public funds, administered by the commissioner, to provide
services for five or more Persons whose primary diagnosis is mental retardatmn or a
related condition or mental illness and who do not have a significant physical or medi.
cai problem that necessitates nursing home care; a pro&,'am in an intermediate care
facility for four or more persons with mental retardation or a related condition; a nurs-
ing home or hospital that was licensed by the commissioner on July 1, 1987, to provide
a program for persons with a physical handicap that is not the result of the normal aging
process and considered to be a chronic con~tion; and chemical dependency or chemz.
cai abuse Programs that are located in a hospital or nursing home and receive public
funds for providing chemical abuse or chemical dependency treatment services under
chapter 254B. Residential programs include home and community, hued services and
semi-independent living services for persons with mental retardation or a related con.
dition that are provided in or outside of a person's own home.
$ 40History:/~7 c $$$ $ 2;/988 c 4//$/,./~;~9 c 282 ~ .~ $ 60.65;/~0 c $~ rtl7 2
24~A.03 WHO MUST BE UCENSED.
Subdivision 1. ~ nqMrM. U,_~_~__~licensed by the commissioner, an individ.
ual, corporation, partnership, volun~tion, other organization, or controtling
individual~
(!) operate a residential or a nonresidential pro.am;
(2) receive a child or adult for care, supervision, or placement in foster care or
adoption;
(3) help ~lan the placement ora child or adult in foster care or adoption; or
,,ua. a. ucmmon lYum ~ Section~ 245A.01 to 245A. 16 do not apply to:
(!) residential or nonresidential prolrams that nrc Provided to a person by an indi-
vidual who is related;
(.2) nonresidentml programs that are provided by an unrelated individual to per.
sons ~om a single related family;.
· (]) residential or nonresidential pmlrams that are Provided to adults who do not
ndency, a men. raj i/lnesa, mentaJ
(4) sheltered workshops or wo-'- .-,~_~...-_.,,~um unpairm.ent, or a pnysical handicap;
nmsioner of jobs and training; ,., a~-uv:ty proErams mat are certified by the com.
.... (5) Projrmns for claldmn enroUed in kinderlm, ten to the 12th trad~ and
.[umerlarten special education PrOlrams that ......... r ~-- pre.
cauon or · school as de,nod in section ~n ,n'~, -?'~-.u~, ~ me. conunmioner ofedu.
~,~ nonmuuentml pro,ams for chiMran that provide -- -
cam or super~ion mr pen.
p .resent on pm tlmt is ' ' · .
perv/ conulnous Mth the
nonresi~.ntial prolram is provided: PhyUcal ~alit,/where the
(7) nursin[ homes or hospitals Licensed by the commissioner of health except as
specked under section 245A.02;
(8) board and lodge t'acLlities licensed by the commissioner of health that provide
services for ave or more persons whose primary ~a~nosis ts ment~ iUness who have
refused an appropriate residential pro,ram offered by a county a~enc~. This exclusion
expi~..s on July 1, 1990;
(9) homes proved·nj programs for persons placed there by a licensed agency for
le~J adoption, unles~ the adoption is not completed W~thin two years;
(10) programs licensed by the commissioner of corrections;
~ (11) recreation programs for children or adults that operate for fewer than ~t cal.
endar days in a calendar yea~,
-~, (12) prolrams whose prima~ purpose is to provide social or recreational activities
for adults or schooi.a~e children, such a~ scoutin& boys clubs, ~rls clubs, sports, or the
arts; except that a program operating in a school building is not excluded unless n ts
approved by the district's school board;
(13) bead start nonresidential proirams which operate for less than 31 days in each
calendar yea~,
(14) nonce~i~ed boarding care homes unless they provide services for ave or more
persons whose pr~nary cLia~nosis ts mental iUness or mental retardation:
--"(15) nonresidential pro.ams for nonl~andicapped cbilcb, en provided for a cumu.
lative total of less ttmn 30 days in any 12-month period;
(16) residential programs for persons w~th mental i~ness, that are located in bospi.
tals, until the comnuss]oner adopts appropriate rules;
(17) the reli~ous inst~ction of school.ale cbild~n; Sabbath or Sunday schools:
or the coni~elate ca~ of children by a church, conire~ation, or reU~ous society during
the period used by the church, conlre~tion, or rel~ous society for its relula~ worsbip:
(18) camps licensed by the commissioner of beaJtb under Minnesota Rules, chap.
ter 463~
(19) mental health outpatient services for adults ~tb mental iUness or children
w~th emotion&l cListm'bance; or
(20) ~dent~ prc~lmS servi~ scbool-~e ckncb, en wbo~e sole purpose is cul.
tm'M or educational exchange, until the comm~ioner adopts approp~ate rules.
Subd. 3. Ualicms~ Im~rama. (a) It is a misdemeanor for an individual, corpora.
tion, pa.'tnen~p, voluntm'y us~mtion, other or~nization, or a contmllln! individual
to provide · residenu,d or non~sidantial pro~'~m w~tbout a license and in mllful cUsre-
~ of sections 24~A.01 to 24:~A. 16 unless the pro.lin is excluded t'mm licensure
under sulxUv~ion 2.
Co) If, alter n~.ivin[ notice that a license is require/, the m~viduaJ, corporation,
partnen~p, volumaP/aa~ocmtion, other or~tnizntion, or contmiUn[ individual bas
fa~ied to apply for a License, the conunu~oner may ask the appropriate county ·nome/
or the attorney ~ to belin p __receea___/nis to secu~ a court order a~amst the contin-
~ operation ofthe pro.am. T'ne county attorney and the attorney ~ene~l have a duty
Hlmm~..J987 ¢ $$$$ $: 1~ c 411 ~ 2: l~g c 2~2 m, t 2 ~ 66-6~: 1990 c $6~ m,~ 2
~ APPLICATION
Subd~v~m~ I. ~ f~' llemsur,. (a) An mdivklual, corporation, panner-
ship, volumaP/naacp-iai·on, other orlanizntion or controlll.n individua~ that is subject
to licensu~ under section 24~A.03 must apply for a Liceme~ T~ ~4icatkm must be
made on the forms and in the manner pr~'nbecl by the commm~n~. The commi~.
sioner stroll provide tl~ applicant ruth instruction in comptetm[ the ~Ucation and
provide information about the ~ and r~lu~monu ofothm' mt~ alenoes that atfect
the
as a
all ~
COl"it
troll
chap
FlOr a
hcen~
other
is re~
fund
CO~
~am.
sion h
to pro
Sr
CO~
accor~
c~min,
is the st
CC
su~n
(2)
(3)
~th ~t
vide pro
in ciau~
~e
lng juvet
pr~r
the five ~
~n~ is
tO this SU
For [
tO ~e eXt~
ve~ to
~ ~n
A StU(
~n~ b~
~ corn-
rd and
s~ature
.'ss, the
re pro.
e envi.
bfe for
veined
oeches
:}Ut DOt
rtment
· nt and
turn of
tiou to
nl as
the
ctioll
rMo.
. me res al.n,;., ___ ,, Peration of a
thom imposed on Other conditional uses more
~met~ zoo; ~h,e aU~/d u~ts ~oe~ al~ ' ...... ' Pr°gram must not be reSidenti, pro.
t or special restrictive than
t. ional COnditions are n uses of residential property the
24SA-Of to245A l,~.k.,,Ldren being Mm.,-, ,- .ecesaary to prot-,-, .k-
sinSe, fa,-. .... · "T~u oe COnstru,.~ .- _ .~. oy t~e p =.,.j ,nc ne~l~ and
..... · ,~ones il- o.k.-..,- ,-,..u excluae o ..... . .re.am. Nothin~
· unlllg i,~,U~tiOl~. '-u"'n.u.a lrorrl
· Subd. ,I. ~ .LOe~lo. of reaid~nrlaj
hcen. M, the comrnmio
ava~abili~ or.__ ncr shall specifi,-.... - .. Iff determiain.
,.,,,~.~ _'_? '~ommufl/tv .....~___ '~'.'ycorlsiaertk .... -o '-ucmer tO
d--"~a prom-am. ;_ .,_ - ..*, --;cs, aD,', ,k_ _ - "~ YYPU~tinn .~ .... "'
vi,N'tat~ ~ r~i,4...=_, - -,,.-u, rrlunj¢i..~;... _ ~-- -no size of e~,;oo~ .... - .a~ pl~,
~DV s.f.;,~ .... .~,~u&mj pf~ .~._ s.~ny, or COUflty iff Wk;-L .:_,~a.n~ llcerlsed
· -.--.Kn[~ . · ..c ¢ommi · u.,.. me a ' *
,n~ res~,~--.:-, prolrlm 'fthe ,.,~.4 ..... sslofler shall n,,, ---* PPUcint seeks t~
,...~ --~i p~ is !,~'-.--' :-""~- m the t-O/IOWin .... .7.'""' ',J~O feet or'an
~&l [fie tOwll -----* * "~,~ma l~l a hO~,~;*-, ,' · wilglllO~ a~.j ......
· ,.,,..,..._. ., ,-um,~paiity, or ....... ~,,~m ,CenMd b th ¥~,.y; (ij ~e
.'??,,,e. ,r. pe, ,t, r. r.
u,e orpro --- v,,,Wdm iS ' -- ,,c am .
~__ perry Under sut~.- .... considered · ....... ~ t~s
Sul~L $ ,'~- - ....... ~ ar~ exempt ~rom -,--'-
.
su'- ..... or mom f~oup ,--~., .... .-,stmUaL (a) Bef'om $ .......
umR tO U~e '~,u~nual p . . eouary l,
· kub%~CQ ~lOn. ---~ ,mesznj ItS O~l ,I.- _ w, umof~ CLOt .~'___ ----
~am · 'vlramt mumc~ · · . ~ shal/,o/mt . . P mi-
_ J)OpU~ltloILt, and ..t.___ P&/ltles hlvlfl- k:.k,_ the PirUcInati,~.
cOnCel]trl,,~,- -- ~.vocaC~ a~,~V.. ,,_ _ · ,,~my COncell,,,..., _ ._ - ....
_ [m, metw k..-'__ "" i,,. rot We ,,,, ..... "--~ rmaenti~]
· '~ore -arm[ · PO . . ,--,i~;Ics orth~ . . . ~ fi.v-
· Penom that ..... pulatlon ,n ---~-, ..... Wbd/vm,~n
PWin..4;--..__ -~a~ Oae. l~llfOr___ .,~,ucnrlaf prom.nm ..... --'
--' -,m~r, rative mlxUvisio~,: '"' ~a~auon of · ~
ins the roflo,~n~ rmt;~,.~._m.,e. purpo~.s tnd ~quU~,.o - the ?. mmmioner
rtl · fM'WOmm, u .... m~VlSlOfl inrJu,4_
fi' . r' ~ ~u ~qqrll]
LT~d · . ~ ~ven or more
id~ . .l~U~distrietorotlm, .. . PenOW must not .
ntiaf Wosrams is k;.~,.. ~ admmlstrauve subd/vi.,,,- ?.,.o_t be located m any recto.
nye PbC~nent; ~ ~mplement~d that "m'"-'~ ..u · rmuit oftkis ha. ira
($) iftbel:danpro.~ ..... ""mroranlCCEl:~ljt~l~
-,m rot the relocat/oa of ruideatiIJ Prqmnu, the relocadm
245A.11 SPF.~'I~ ,.... ~ sta~cts ....
mo s
efiU or no~ . ~ zoninl Or~n~ ~tl~ or me sm~ t '
~dentf~ su~un~--- ~ or O~er f~d ..... ~a~ ~ns s~ not
~'~. ~ ~tmns f~m ~e ~n.
$u~ 2. P~ia~ si
""-- ~ or er ~ns s~ _ ... R~ldcnt/~ _ .
Pm~ny for the ..... ~ consme~. ~_. P~s MtA a
~u-n. munici~, or ~unt- qfY mi~n~ m =
licen~ c · y zonin . · U~ , --- ~atzons.
trans. A to~ ~ o~ pm~ny ~or t.- ::~n sn~f ~ consi--:~ ~ ~th a
~oU~ty ZOOj-- .... u~zO~l~ add O
"~ -umomy ma ..... ~er
· ,~mm a ~ndition~ u~ or
MIA. II Ifl, rMAN S[IViCT. S UL'T. NSING
~ ?01
eot ~ ~, ~e ~m~uioeet sb~ s~te the ~ns, ~d the coua~
mi~ a p~ mee~ to Comply ~tb the ~ui~ments of the ~mmmioaer.
(c) ~et ]~y 1,198~, the commissioner may ~u~ ~ts under ~oe 2a~.73
to a couaty ~m~ to ~ve an app~v~ plae under P~pb (a) ff the ~uaty d~
not have a p~ app~v~ by the comm~ioaet or if~e couaty a~s
~d of its app~v~ pl~. ~e couat~ ~atd hM the n~t to ~ P~d~ ~th advice
notice aad to ap~ the commiutonet's d~istoa. W the county ~u~ts a beafinl
~tbt~ ~0 ~ys of the noU~t~oe of infect to r~uce ~, the commiuioeet sb~l eot
c~ni~ any r~u~ion in ~ts until a he~nl is condu~ ~d a d~isioa made m
ac~t~ce ~th the ~nt~t~ ~ pro~sions of chapter 14.
Su~. 6. H~et~ exempO~. R~ideati~ p~ms l~t~ in h~pi~s
exemp~ from the pm~siom of this ~tioa.
H~t~ 1987 c 333 s 12:1988 c 411 s 6: 19~c ~ art 2 s 47
24~A.12 VOLley ~~H~ FOR ~E~ P~~.
Su~i~sion 1. ~~. For pu~ of ~ ~o~ ~d ~ion 245A. 13, the
foHo~n~ te~ have the me~m~ ~ven them.
(a) 'ContmUin~ indi~d~~ hu ~e me~inl m ~ion 245A.02, su~sion
~en u~ in this ~ton and ~ion 245A. 13, it me~s o~y th~ in~d~s contel.
li~ ~e ~tdenti~ p~ prior to the commencement of the ~eive~p
(b) 'Physi~ pi~t" me~s the buildinl or bu~din~ in w~ch a ~ident~
~ is l~t~; ~ ~uipment ~ to the bu~l ~d not ~y subj~ m t~sf~
u s~ in ~e bu~dinl and ~ ~uipment ~bl~ of ~e d~tion ~delin~:
~d a~i~ bu~ in the ~tu~ of ~. ~ ~d sto~ buil~ I~t~
on ~e ~e site ~ ~ for pu~ ~lat~ to ~id~t ~.
(c) 'Re~t~ ~" m~s a ~n who is a ci~ m~ve ora
~d~ ~up; ~ ~ ora pm~ or a p~t ~up; a cl~ ~ve of~
of a p~ ot ~d~ ~up; or ~ ~iate of a cl~ ~aOve of
~ ot pm~ ~up. For ~e pu~ of ~ ~p~ ~e foHo~ t~ ~ve
· e m~ ~ven ~em.
(1) "~' m~ a ~n ~t ~y, or m~y ~ one or mo~
m~~ ~ ~ ~ ~n~u~ ~, or ~ un~ ~n ~n~l ~ ~o~
(2) 'P~n' m~ ~ ~~, a ~tion, a ~~p, ~ ~on, a
t~, ~ ~~m~ o~on, or a ~~t ot ~ ~on.
(3) "O~ m~ of~ ~ ora pm~ ot p~ ~u~' ~ ~ m~-
~d~ ~ ~o~p ~ ~ ~, or ~pOon m ~ m~d~
~ to a ~ ota ~t ~u~ is no mo~ ~mo~ ~
(4) 'Con~' ~d~ ~ ~ '~n~H~' '~n~ ~,' ~d '~ ~m-
mon ~n~ ~" ~ ~ ~ ~ion, ~ ot m~ of
ot ~ ~ ~on of ~ ~m~L o~o~ ot ~ of a ~n,
~ ~ ~a of m~ ~~ b~ ~n~ or o~.
(5) '~ ~ ~ ~up' m~ ~ li~ hoi~ ot ~n~ m~d.
~ ~ m ~ ~ ~ of ~ ~i~.
~ ~ ~y ~ ~y ~e ~ ~e ~~net m ~ o~oon of~
d~ ~ ~ ~m~nt of a ~v~. ~ ~ ~ ~ f~ a
~iv~, ~ ~~~ ~y ~ mm ~ ~t ~ a ~ of~n~
receiver
a~reeme
ership p~
the resicl,
siOner. R
8, sh~! ~
ual ora res
~r recel ye
,nent of the
~ams that
~nor to the
rece~venh~p
Su~. 6~
receive~h~P
arose from m~
enh~p · 7'
assum~ this
Su~. 7.
a~g agent oft~
o[ the r~dent~
mence~ent of
ti~ n~~'v
of th~ .._' ' ~
~ ne cOntrol/me ~
~U~
~nable and n
~bl~tions ....
to the com~~' any
o~t~o~?Ceme
to the -- ~-tne ~i
~ontmllin~ i~
~ment.
Su~ 8 Phn
~d ~'"mencement
or the
~) If the
of the
8 ~
TO:
FROM:
SUBJECT:
DATE:
MEMORANDUM
City Manager ,
Director of Community Development
The Cottages of Maplewoo~ West
October 3, 1991
The developers of the Cottages of Maplewood West project have
requested time to discuss their project with the HRA. This
project is for senior housing on the north side of Gervais
Avenue, west of the.Maple Ridge Shopping Center. The developers
are requesting a change in the City's comprehensive plan, a
conditional use permit for a planned unit development, Community
Design Review Board approval, tax-exempt financing and tax-
increment financing. The project would be similar in concept to
The Village on Woodlynn senior project, east of the Maplewood
Mall. The developers have not submitted a complete application,
including plans, so there is no staff report yet. The developers
want to discuss the concept of this project with the HRA before
submitting detailed plans at their November 12 meeting.
go/memoll.mem (section 10)
POND
~ M~2'IIwo0~
,-,j ~
;I
GRANO~E'W
VIKING
Knuckle Head Lake
COPE ~"*'--~, "'~*-~ *, COP~
LAURIE
~ KOHLM~N t,V J
,.
co ~ RO I "C"
TZ9N,R22W
:'H[L RD IOjll
NORTH
;ERVAIS AV ~
RIE RD
AV
N
ION MAP
: '!
;
~'~--GERVAIS~_ AVENUE :: . ,._,,~, . % GERVAIS COURT
TO:
FROM:
SUBJECT:
DATE:
City Manager
Director of Community Development
Rent&l Propert~ Lioens~ng &n~ Inspection
October 4, 1991
XNTRODUCTION
The City Council asked staff and the HRA to investigate a
licensing and inspection program for rental housing. The City
does not require a license to operate rental housing. The
Council thought licensing might be an alternative to requiring
code compliance through the truth-in-housing program for these
buildings.
BACKGROUND
Housinq Complaints
Most of the housing complaints received by the City are about
single dwellings, rather than apartments. Over the past five
years, we have received 493 single-dwelling complaints and only
77 complaints about apartments. Part of this is because there
are more single dwellings in the City than apartment units.
However, there is a higher proportion of complaints about single
dwellings than apartments. Only 14% of all complaints received
were about apartments, while they account for about 25% of the
City's housing units. One of the reasons for the lower rate of
complaints in apartments may be the annual inspections by the
Fire Marshal's office.
Most of the single-dwelling complaints are about keeping the yard
clean. The following is a breakdown of complaints by type over
the last five years:
Garbaae & Refuse Junk Vehicles Grass & Weeds Miscellaneous
251 118 67 57
Most complaints about apartments deal with problems in the units,
such as water leaks, broken windows, fire alarms, broken
appliances or no heat. The three apartment projects with the
highest number of complaints over the last five years are:
1. The County Road B and Barclay Apartments - nine complaints;
®
Larpenteur East Apartments (Larpenteur Avenue and 1-35E) -
eight complaints;
The Canary Hills Apartments (Century Avenue, north of
Maryland Avenue) - six complaints.
We have not had many complaints from any apartments over the last
two years. We have had only an average of about one complaint a
year from each of the three apartment projects listed above. A
recent complaint from the Larpenteur East Apartments has resulted
in court action against the owner by the City. This project has
many housing code violations.
Current Inspection program
The Fire Marshal's office inspects each rental building with
three or more units once a year. Their inspections are only in
the common areas, such as halls, storage rooms and boiler rooms.
They do not inspect individual units. The Environmental Health
Officer does inspect individual units or the common areas when he
gets a complaint. He also inspects individual units in problem
buildings when time permits, usually during the winter. In
addition, the Metro HRA does a yearly inspection of the unit of
each tenant that is on the Section 8 rental program. There are,
however, only thirteen tenants on this program in Maplewood.
The City's truth-in-housing program requires an inspection of the
common areas and some of the units before owners can sell their
apartment buildings. The City based the number of units required
for inspection on the number of units in the building. On March
11, 1991, the Council approved the following inspection schedule
for rental buildings:
No. of units in a building
% of units that must be inspected
1 - 8 100
9 - 16 50
17 - 48 25
49 or more 10
The truth-in-housing inspections are done by private inspectors.
These inspectors must file their inspection reports with the
City, noting any code violations. A City inspector will require
correction of any code violations.
ALTERNATIVES (from least to most restrictive)
me
Do not require licensing of rental housing, but continue the
current inspection programs.
®
Require a City license to operate rental housing. The City
could deny the license if the owner did not correct code
violations found in our current inspection program. The
license fees would help the City pay for current inspection
costs.
Require a City license to operate rental housing, subject to
passing an annual City inspection of the yard and all or
part of the building. This is similar to the programs that
Saint Paul and Minneapolis use. (See the reference section
on page 5 for more information about the rental licensing
and inspection programs in these cities.)
D~BCUBBZON
Licensina and Inspections
There are two reasons to license apartments. The first reason is
to get money to hire a housing inspector to do more inspections
of apartment buildings, including individual units. The city
already has a limited inpection program. There is not enough
need to do more inspections of individual apartment units. Most
of our housing problems are with single dwellings. Property
owners would pass the cost of a license on to the tenants through
rent increases.
The second reason for licensing is to give the City more power in
enforcing the housing code. Rather than sending housing
violations to the court, the City could use the threat of pulling
a license to enforce the Code. The City, however, has not had a
problem with the courts enforcing the housing code. We have only
had to send three cases in five years to the courts. The Court
issued a fine on one, one was against a tenant who disappeared
and the last is the current case against Larpenteur East
Apartments.
Licensing has more value for St. Paul and Minneapolis. They have
many more and older apartments with more code violations. The
City may want to consider licensing in the future, if housing
code violations in apartments increase as buildings get older.
Until then, the Council should approve alternative one. This
would be the most cost effective.
Truth-in-housina
The City should continue the truth-in-housing program for rental
buildings. This program helps protect the buyers of rental
buildings as it does for home buyers. Rental property buyers may
not be more knowledgeable about building conditions than home
buyers. Many of the people buying rental housing are investors
without knowledge of housing problems.
The inspections by private inspectors will help the City by
supplementing staff inspections at no cost to the City. This is
a good time to get Code compliance, since there is money changing
hands.
Housing Code
One of the problems we have had with housing inspections is the
City's housing maintenance code. The City Council adopted the
rental housing maintenance code on June 5, 1980. There are
several items not covered by the code that staff feels should be.
Much of the language in the code is out-dated. If the City
strengthened and up-dated the code, it would help staff and the
City in dealings with rental housing problems. Areas of concern
with the code include the maintenance of landscaping and yards,
driveways, parking areas, fences and exterior storage. The
maintenance requirements should include requirements for interior
areas on removing graffiti, the repair of the provided
appliances, refuse and garbage disposal, window locks and
screens. The Fire Marshal has also requested an update to the
sections of the code about fire safety. I have attached a
revised code.
RECOMMENDATION
Do not require licensing but continue our present inspection
program, including special inspections of individual units
in problem buildings as time permits (Alternative One}.
Continue to require compliance with the rental housing code
as part of the City's truth-in-housing program.
Adopt the attached ordinance which updates the rental
housing maintenance code.
4
REFERENCE
Saint Paul uses a certificate of occupancy program for buildings
with three or more rental housing units. Saint Paul has a
provision in their City Code requiring rental properties to meet
all Code requirements or they may revoke the certificate of
occupancy. This includes the Fire, Zoning, Housing and Building
Codes before the City will renew a certificate of occupancy.
Saint Paul must approve a building's certificate of occupancy
once every two years. This is done by having an inspector from
the Fire Marshal's office do an inspection of the property. This
inspection is done at least one time every two years. In
Minneapolis, every rental dwelling (including single dwellings
and rental units in duplexes) must have a rental license issued
by the City. Minneapolis began their program on January 1, 1991
so they are just getting it under way. Minneapolis issued all
rental properties a temporary license until the City can make an
inspection of each property.
In Saint Paul, if the City revokes a building's certificate of
occupancy, the property owner cannot legally operate the building
as a rental property. This system motivates the owners of rental
property to correct the problems without displacing tenants.
That is, the rental property owners know that they must meet the
codes or the City may revoke their certificate of occupancy.
Saint Paul may condemn the violating units or the entire building
if they revoke a certificate of occupancy and the owner does not
correct the problems.
In Minneapolis, rental properties must pass an inspection by a
City inspector to keep their rental license. A point system from
the Housing Maintenance Code is the basis for this. If a
property in Minneapolis does not have a rental housing license,
the owner cannot legally use it as a rental property. Thus if
the City revokes, suspends or does not renew a rental housing
license, the City must give orders to have the affected units
vacated. The City is to do this while giving the tenants a
reasonable time to find new housing and to move out.
kr/memo18.mem (5.5)
Attachments
1. Rental Housing Maintenance Code Ordinance Amendment
2. Saint Paul Building and Housing Ordinance Section 33.05
(Certificate of Occupancy)
ORDINANCE NO.
AN ORDINANCE REVISING THE RENTAL HOUSING MAINTENANCE CODE.
THE MAPLEWOOD CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:
(I have crossed out the deletions and underlined the additions.)
Section 1. The City Council changes Article VI of Chapter 9 as
follows:
ARTICLE VI. RENTAL HOUSING MAINTENANCE CODE
Sec. 9-91 9--9~. Purpose; o~jcctiv=u .and goals.
The purpose of this article is to protect the public health,
safety and welfare by enacting a rental housing maintenance code.
This code sets the ese~me--eminimum level of maintenance
standards ~..d~- Icvclo o~. m~.~ntcn~n.~.~, for rental housing~--%he
e~-y. The general ~ goals 6f this code are: ~hall
~-~"~ ~ following; ~
(1)
(2)
(3)
(4)
(5)
To protect the character, value and stability of residential
To correct and prevent housing conditions that adversely
affect or arc ~,.A~.. ~
...... = -~ may adversely affect the .residents'
lives, safety, general welfare and or healthT. This
includes their including thc physical, mental and social
well-being, of porsons occupying ~ .... ~ ...... ~,,~A
......... ~ ............. oity.
To provide minimum standards for cooking, heating and
sanitary equipment necessary for to the health and safety of
occupants of the buildings.
To provide minimum standards for light and ventilation
necessary for health and safety.
To provide minimum standards fo~ the maintenance of existing
--~ to thus prevent deterioration and
residential buildings, ....
blight. '~-~ ..~,,~. ~-=
~ ~ ~-5-~0)
Sec. 9-92 9-9~. Applicability and scope.
"~ to rental housing only
This article shall apply in. t~_..A --' -~"
including any. Th~ construction, repair or alteration. ~ ~ ~ty ~ ~ ~ i '"~ - ~v~-~-
....... shall be
6 Attachment
done'-' ~----A--~----A '-'~ accordinq to ---l~-~bl .... ~A-- As the
building -vd-~ c and zoning code~. The owner shall be responsible
for meetinq the requirements of this article. (Ord. No. 486,
§214.030, 6-5-80)
For
% .,.. i
(s)
Sec. 9-93 ~ Definitions.
Where this article does not define a term and the building code
or zoninq code defines the term, the term shall have the meaninq
given to it in the buildinq code or zoning code. For the
purposes of this article, the following words,
~-- ~ meanings:
shall have the following --- ~
Approved- -^ -
ocnstructicn, skall mcan Approved by the enforcement officer
authority designated by law to give approval in the matter in
question.
Building code:....-~ .... ..._~.. ~-~.._ The state building code as defined
~.~- Section~ .~-~ ~ -~ ~ -~~'' ~--~"~-~ ~- ~-~ ~
Clean: The absence of dirt, grease, filth, refuse, rubbish,
garbage, insects, vermin, junk, abandoned vehicles, dangerous or
offensive odors or other unsightly, offensive or extraneous
matter.
Common areas: The halls, corridors, passageways, utility and
recreational rooms and exterior, landscaped areas and yards in or
around a rental residential building.
Dead bolt lock: A locking bolt which a person moves by knob,
handle or other similar device on the interior side of a door. A
person must also be able to lock the dead bolt lock from the
exterior. Such a bolt shall have a minimum projection of ona
inch. The City requires metal strike plates for all locking
devices with a minimum thickness of 0.062 inches (1.5 mm). The
owner shall mount these plates with a minimum of two No. 8 size
screws.
Dwelling unit: is a A single unit providing complete,
independent living facilities for one or more persons, including
permanent provisions for living, sleeping, eating, cooking and
sanitation.
Enforcement officer: -~ .... ~A The City manager or his or
her authorized representative.
Extermination: -~q_..~._ .... ...~.. ~A~..~ c~-t. vl~.. -A and The elimination of
insects, rodents or other pests. This may be done by eliminating
their harborage places, by removing or making inaccessible
materials that may serve as their feeds. This may also be done
by poison spraying, fumigating, trapping or by another recognized
and legal pest elimination method.
Functioning: The ability of any structure, any part of a
structure, or any fixture or facility or equipment in a structur~
to perform the service or function for which the manufacturer or
builder designed, intended and constructed it.
~arbaqe: Animal or vegetable waste resulting from the handling,
preparation, cooking or consumption of food.
~rade: The vertical location of the ground surface.
8
Infestation:~.._..-~ .... ...__.. ,~A~.._ The presence, within or contiguous
to a dwelling or premises, of noxious insects, rodents, vermin or
other pests.
Maintenance or maintain:
a workmanlike condition,
The upkeep of property and equipment in
occupancy: The purpose for which people use or the owner
intended people to use a building or structure or part of a
building or structure.
Occupied: Being leased or rented for livinq purposes by an
occupant.
Occupant: shall mcan any Any person living or sleeping in a
dwelling unit or h~v~ .... ~"~ ....... ~-- ~ ~~ ~"~-- or
rooming unit.
Openable area: =hall mcan that That part of a window or door
which is available for unobstructed ventilation and which opens
directly to the outdoors.
Operator: shall mcan any Any person who has charge, care or
control of a .... It~l~ rental residential buildin~ or
Permissible occupancy: The number of persons the City permits to
live in or occupy a dwelling unit or'rooming unit.
Plumbing or plumbing fixtures: =hall mcan '-Jatcr Water heating
facilities, water pipes, gas pipes, garbage disposal units,
toilets ~a~-~. ~._~..,-~-~- waste pipes, sinks, installed dishwashers,
lavatoriesT. This also means bathtubs, shower baths, installed
clothes-washing machines or other similar equipment, catch
basins, drains, vents, stacks or other similarly supplied
fixtures, together with all connections to water, gas, sewer or
vent lines.
Premises:~k~l~ . ...-can a -~-,~A~ ~-~.-~A' v. ....... ~.~_.' A lot or parcel of
land-r which includes a rental residential building. "--'~--~'-~ ~-~-^
b~id...~.~ cr-~t.~t---~ u-~-.~ thereon.
Reasonable care: The treatment of all facilities, fixtures,
equipment and structural elements such that depreciation of thesm
objects and other materials is due to their age and normal wear
through use, rather than due to abuse, misuse or neglect.
Refuse: Waste materials, except garbage, such rubbish as DaDer,
rags, cardboard, boxes, cans, metal, yard clippings or trimmings
and tree branches. The City shall also consider waste wood,
rubber, leather, glass, brick, plaster, sheetrock, bedding,
crockery and similar materials as refuse.
Repair: The reconstruction or renewal of any part of a building
or its utilities, facilities or equipment.
Rental resi4ential bui14ing: ~ Any building or portion
of a building ~ .... ~ "~-~. ~- ~-~--~~ ~-~-~-~
............ ~ .... , ch s ren or eased
-~..v~ ~-..~ ............ ~-~-_~ for residential purposes.
Rodent Harborage:: A place where rodents are likely to live,
nest, seek shelter or make their habitat.
Rooming house: hull m~-- _..= Any rental --~~ .....
u ~ ~.. ~-" .~.d .... a building,
....... ~ ~ .... ~ containing one or more rooming units. ~ .... ~-
..... ~ t d ~" ~ .....
Rooming unit: uhall mcan any Any room or group of rooms forming
a single habitable unit that the owner or occupant uses or
intends to rent or lease ....-~-~ -~-- ~..~..-~."-~-~ ~.~ -~ used for living
and sleepingT. A rooming unit does not include standard kitchen
facilities ~--~ -~ ~--~-- -~-~ '-~- ~~-
Safe: The condition of being free from danger and hazards which
may cause accidents or disease.
Sanitary: Bactericidal treatment effective in destroying micro-
organisms, including pathogens.
Supplied: shall mcan Installed, furnished or provided by the
owner or operator.
Ventilation: chall mcan thc The process of supplying and
removing air by natural or mechanical means to or from any space.
maintcnancc -h~ ii
......... m ~ ~ VC.nv
Workmanlike: In a safe, working condition that meets the
standards of the associated trade or industry or is in the
originally intende.d condition.
Yard:-..~-~ ..... ...~.. _~.~1 All ground, lawn, court, walk, driveway or
..... t~t_t~..~ which is on ~t ~ the same
other open space .... ~ "~ ......
premises as a rental rcsidcncc building.
Sec. 9-94
th
(i)
Cleanliness ~ .......----~- -- All
yards shall be maintainc~ in a clean and sanitary.
(2)
Grading drainage.
and ~11 .... ~-~- shall ~ .... ~
'- ~ There shall be no
accumulation of stagnant water, except in natural
approved pending areas~-~- ~d ~.~..~_.~- There shall also be
no surface water entering e~==~Jxt-k~ any building or
structure
iccatcd ~
(3)
and ice ~ 1 =
Removal of snow ........ ~-. ~ f~ ....... ~ ........ ~ j
~ .... ~1~---~ ............... ~ ~ ........ ~ ~ There
shall be no snow and ice from on parking lots, driveways,
steps and walkways~..~ ~..~ ..... ~....~ ~-, which may create a
hazard ~ ~ .... ~i~
(4)
Free from noxious weeds ' ~ ~~"~-~ --
~^ ~-~ ~-~ ' ....... ;~- ~ The yard shall be free from
noxious weeds ~ and tall qrass plant
no ..... or d_t ........ t~I ~ th~ - h~Ith.as re red in
Section 19-7(8) o~ Code.
(5)
Insects and rodents
--C ~n-~ C
~ sp" ~.bl ~-- ~ --.crmi--.i-- -~ The owner shall
exterminate all noxious insects, rodents, vermin or other
pests ~- ~ .....~ ~ ........ = ~ ..... ~.A_ that
causing a nuisance.
(6)
&to.ss.fy structures. Ail accessory structures, including
detached garages,-~ ~^ -~ ~-A fences,
............. nt ..... d, signs and
retaining walls, shall be structurally sound and in good
repair. The owner shall protect all accessory structures,
fences, signs and retaining walls aqainst the elements and
~ecay by non lead-based paint or other appropriate
protective coverings '~ ~ ~.~ ~o~ ~ ~ ~-=_on~
(7)
Parking lots and driveways. Ail parking lots and driveways
shall be paved and kept in good condition with no pot holes.
(8)
Yards and landscaped areas. Maintain all yards and
landscaping and replace all damaged or dead plants required
by the City.
(9)
Exterior storage. The owner shall not allow th~
accumulation or storage of building materials, firewood,
boxes, machinery,.scrap metal, refuse, or garbage anywher~
on the premises.
Sec. 9-95 9~9-~. Exteriors of structures.
Foundations, walls and roofs. Every foundation, exterior
wall, roof and all other exterior surfaces shall be
-~-~-~ in a workmanlike t~t~ ~ ~
condition:
The foundation clcncnts shall~m.~-~ .... '"~"~.~ support the
building at all points.
Every foundation, exterior wall and roof shall be free
of holes, breaks, loose orlrotting boards or timbers,
or falling or loose stucco~or brickT .. The owner shall
protect every exterior surface from vermin and rodents.
Every exterior surface shall also be free from ~arge
amounts of peeling paint. Every exterior surface shall
also be free from
~.b~t~..t.al
~ ~ ...... ~ palnt
~-~ .... conditions which might admit moisture to the
interior pcrticn~ of the walls or to the interior
......-~ of the dwelling.
Ail exterior wood surfaces, other than decay-resistant
woods, s~all be covered with nonlead-based paint or
other protective coverinqs or treatments.
The roof shall be tight and have no defects which admit
'-~ .... 4: Roof drainage shall be
rain or moisture.T ........
adequate to prevent rain water from causing dampness in
the walls.
Ail building exterior surfaces shall meet Section 9-7
of the City Code.
(Z) Stairs, porches, decks, balconies and railings.
Every outside stair, every porch, deck, balcony or
............. ~tt~h~d
railinq shall be ~ .... ~ .....
th t h ii -~ - :n
~..~.1~. .... ~ --~ shall ~- ~--~ in ..... ~ a wor~anlike
condition ~"~ -~-~ .... ~ -
Every flight of stairs which is more than four (4)
risers high and every porch shall have guard han~ rails
1 ~t d ..... required by
b ilding de ........... ~ "~:-~ : .....
the u co ; .... d ....... F.. _~ = ~ ....................
(3)
Windows, doors and hatchways. Every window, exterior door
and hatchway shall be~~..~-"~-~-~11" tight and ~..~-~11 ~ kept
in workmanlike sound condition --~ .... ~-
Every exterior window, door and hatchway shall be in
workmanlike condition and fit tiqhtly within its frame.
be
wind hall ha ~^ 4:_11 ....... l~m ._.~
Every ow s ve~ .... ~ ~ .................
panes which are without open cracks or holes·
Every openable window
shall- ~ ..... ~1~ ~4: ~'-~
h
1_~. Open easily.
Have hardware that will hold the window in an open
or closed position.
3. Have a functioninq lock.
13
Have a tiqht-fittinq screen that is not qreater
than 16-mesh Der inch.
d. h. Every exteriOr door .... ; - ~t _ ~ .... ~ ~ ~'
.... l_blc as an A--; ;
1. Open easily from the inside without a key.
2. Have a functioninq dead-bolt lock.
Have a tiqht-fittinq screen door with a screen that is
not qreater than 16-mesh per inch.
Sec. 9-96 9-9~. Interior of structures.
(1)
Basements. "-~- '--- ~ ....... All ii~,
..... basements and
crawl spaces shall be dry -~ ~'-~ ~'-A~-~-~-- ~-~ ~: .....
(2)
Structural members. The supporting structural members shall
lly .... '
be maintaincd structura sound and have ,
no evidence of deter oration.~.,~ ~,,~A~ ...... ~~ ~ bcar~n9
........ ~ ccdo.
(3) Interior stairs and railings.
~ ..... t~ ,~d in workmanlike
All in.crier stairs shall be --in ~in~
..... ~,,~ condition ~,.---~ ~--~-~ rcpair. The owner shall ~y
rcplacing replace treads and risers that show evidence
]4
(4)
(5)
(6)
(7)
o__f excessive wear or are broken, warped or loose·
~ ...... 4---.~ -~--'--..a~ ii ~ ..... ~v ----v..~~----~-~ ~
Every stairwell and every flight of stairsT-~Wa~-i~
more than four (4) risers hight shall have handrails or
railing required by i tc~ '
thc --evasions -~ the building code
c. Every handrail or railing mus. shall be firmly fastened
and __4_ _4__~ in workmanlike ~__d condition· ~ ..... ~
The owner shall properly place secured railingsT on the
open portions of stairs, balconies, landings and
stairwells. These railings must be able to bear capablc
_~ ~___4__ normally imposed loads as determined by the
ildi g .......... ~
bu n code~ , ........ ~ ............. ~.. ~ ........
Bathroom floors. Every toilet ~oom and bathroom floor
surface --~ ~-~---- ~ ....... =~-- shall be----~-"-~-~ --~
__4_._4__~ .... ~- ~ ....... ~ ~ '~-~-- impervious to water·
These floor surfaces shall be constructed to permit a person
in a clean them and keep them in a and sanitary condition.
Sanitation. The interior shall be --~- _4__
....... t .....d in a clean and
sanitary condition ~--- ~ ........... ~. 4-- -~ ~
~arba~e. The owner shall provide appropriate Storage
facilities for refuse, garbage and rubbish.
Insect and rodent harborage The owner of
shall ~ ........ ~'~- ~-- ~ ......~ 4_.~,-- -~ exterminate
all noxious insects, rodents, ve~in or other suck pests.
...~ ......... ~-f--t-t~ ..... ~_~_ ~_ ~_ ~_
Interior walls, floors, ceilings an~ woo4work. All interior
walls, floors, ceilings and assOciated woodwork or trim must
t hall be in ......... ~4~4 .... ~ ~_ _
workmanlike condition _~__4_ These surfaces shall be clean
and free of graffiti. Floors shall be free of loose,
warped, protruding, ripped or rotten materials and
coverings. All walls and ceilings shall be free of holes,
large cracks and loose plaster and in a tight weatherproof
Sec. 9-97. 9-99~ Basic facilities.
The following facilities shall be._~_..--4--~ in every occupied
15
dwelling unit and rooming house, except as stated in Section 9-
102. ~ ~ ~-- ~ ~~
· a.t..lc:
(1)
Kitchen facilities.
the following:
kitchen which shall include~
ae
A functioning kitchen sink.
Cabinets or shelves for the storage of eating, drinking
and cooking equipment~ an~ utensils and for food that
does not require refrigeration. ...... ~ ..... f~kc--~_~.n~, .... ..... ~ -
There shall also be a counter or table for food
preparation. Said cabinets or shelves and counter or
table shall be large enough to accommodate the number
of people livnq in the dwelling unit -~ .... ~- ~-~ ~-
~-~-'~- ............ ~ th- ~"-~ ..... ~ '--~ They
shall also be of workmanlike sound construction,
finished with surfaces that are easily cleanable and
that will not impart any toxic or - - c-' ....
d_l~t .~_~ harmful
effect to food.
Ce
A functioning stove ~ -;-; '
food
and ~ refrigerator large enough to meet the needs of
the resident~- -;--'i~ ~A--"~- ~ ~--~ ~ .....
...... ' ' - .... ~ officiant
-"-"~'- ~^""--- d t ii d
~ ...... ~ .............. ;~ .................. ~... ~. ~, The owner shall provide
enough ; .... "'~-'" ....... '~"'~'-;^--"- space and a=e---a~eu qu ~
connections for the installation and operation of said
stove and refrigerator -~-; .... -'
~- d~..cc ..... t bo
~-~.-.~;~-~. The resident or owner shall provide said
stove and refrigerator.
(2)
Toilet ' .. :: ~' un iL
There
shall
be a nonhabitable room with an entrance door which gives
affords privacy to a person within said room. This room
shall have a functioning toilet in wor~anlike condition and
~-~ with easily cleanable surfaces~, shall bc to an
16
(3)
(4)
Lavatory sink. '"; 4-~ ~' ....... d Ii "-; 4- ~ A--A
........... Z L'C ~'---- -- ......... There shall
be a lavatory sink in qood working condition. It gaid
lavat:ry sin:: may be in the, same room as the toilet, flu=h
.... .~ --~A--A4- ~r ~ a cc~ If the lavato~ sink is in
another room, ......... = ........
' - it shall be near the door leading directly into
! thc room ~ with a toilet. ~aid ';~'-- -I -t ~-
't~ ~r d
prc~u .......
Water inlets for lavatory sinks' shall be iccatc~ above the
overflow rim of the sink. *~- ~'~'~-
shower '"~ 4-~ ~ --"---' ~'"~ ~" ..... ; 4- .~--A There
Bathtub or .............. = ........
shall be a room which affords privacy to a person within
said room and" ~'- '
.h~h~ ..... ~~d~-D~ .~.. which has a bathtub or
shower, It shall be in good working condition and = Said
bathtub or chc~cr may be in the 'same room as the toilet
in another
~1 ,,.~ ..~&-~ _1 ~.~ or room. --~
........ ~ .......... ~- %-atcr Water inlets for bathtubs shall
be l~t~d above the overflow rim of *~---
.... ~ ................ the
bathtub.
17
(5)~.,'"'Connection to water and sewer system. Every kitchen sink,
b ..... sink, ~-
lavatory ---'- bathtub~ ~ shower and toilet shall connect
~ i t th
~ ~~ --n-~-. public water and sanita~ sewer
system. These facilities may connect or to an approved private
water and sewer system if no public utility system is available.
These plumbing facilities --~ -~ ~ ...... ~ "~ shall have
an ade~ate amount of~ hot and cold running water. The heated
water shall be at a minimum temperature of 120 degrees and a
maximum of 165 degrees.
~-'~ '-~' ''-" ' "~ ' --' Ev~-y ~'-'~ ~ '~~' ~h~ll h_.~ supplied
ting _ ". app
.nct~ll~d ~-
~n roved
(6)(9)Heating system.~e~m~ee~ Every rental residential
building ~ ....
......... ~ shall have an approved and functioning
heating system. ~--~4~4^. m~ ......... ~ --4~
-~ - ~ '' ~ shall ~e
~--~ ..... "~ ~.d~tzon This system ° 4~
.... ~- ~--~^~ .... ~ -d .... tel-- ~-~4 .... safely heat all
habitable rooms, bathrooms and toilet rooms
in the building. This system must provide to a temperature
consistent with state and federal guidelines at three (3)
feet above the floor at all tim~s, when occupied. The City
shall not consider gas or electric appliances designed
primarily for cooking or water heating purposes as heating
facilities. The City prohibits the use of portable heating
equipment which uses flame and liquid fuel as heating
equipment for this Section. No owner or occupant shall
install, or use a space heater using a flame which is not
vented to the,outside of the structure. This venting shall
only be done with City approval.
18
(7)(1"'
.,Refuse and garbage storage and removal. The owner shall
supply approved containers with tight-fitting covers for the
storage of refuse and qarbage. The owner shall have the
refuse and garbage removed from the premises at least once a
week.
Sec. 9-98
(i)
Plumbing and heating equipment. ~ The owner shall
~vcr ...... 4---
maintain the plumbinq and heatinq equipment. ~ j .....
.... 4- ~'~ "~-4- This equipment sh~ll be free from
obstructions, leaks and defects.' Heating equipment shall
include cooking, water heating and space heating equipment.
(2)+4+Electrical service, outlets, f~xtures. All dwelling units
and rooming units shall have adequatd and safe electrical
service 4-
acccrdancc '.'~ ~ --~--~-~ .... ~ ~- ~"~---~ Every
electrical outlet and fixture shall connect
-~-'~--~ --~ ...... '-~ to the source of electrical powerT .
Ail dwelling units and roominq units shall have an a~e~ate
number of electrical outlets and electrical lighting fixtures for
19
(3)(5)All facilities and e~ulpment._,,''' ,_~,,__;-A~ cTaipncnt and
~-----..=~"~ .... ~--~-. All housing facilities shall be maintaincd
~- ~ i nit ry diti
.... clean and n a sa a con on.
Sec. 9-9~9--~. Light and ventilation.
(1)
Natural light in dwellings. Every dwelling unit and rooming
unit shall have at least one window of approved size facing
directly to the outdoors or to a court; ..... ~ ~
~ .... d~d that, if ~
If the dwelling unit or rooming unit is connected to a room
or area used seasonably (e.g. porch), then adequate daylight
must be possible through this connection. ~-4- ........ ~-
(2) Light ~ ~ ~ ~---
in nonhabitable work space. ~ .... ~ ~ .....
every Every furnace room~ and all similar nonhabitable work
space shall have one ..... ~
..~ml~d functioning electric light.
(3) Light in p=~llo halls and stairways. Every~_,-'-~-,~ hall and
inside stairway shall have ~ ~-~*-~ ~4- all 4-~ ....., ~'~ ~
,ll~m .... t .... of at least five (5) lumens per square foot of
light in the darkest part portion of the normally travclcd
(4)
Sleeping space in basements. No person shall sleep in a
basement unless there is natural light from windows. Thes~
windows shall meet all building code requirements. At least
one-half of the required window area shall be openable to
provide natural ventilation.
(5)
Adequate ventilation. Every dwelling shall have at least
one window which can be easily 9pened or such other device
as will adequately ventilate the dwelling.
(6)
Ventilation and light in bathroom. --' ---~-- -,---~
...... ~-"-~ Every bathroom and room with a toilet ~
-~ ~-~ ...... ~-~-~ shall have at least one openable window
~ or an approved ventilation system. '~-~ ~,- ~
Z0
Sec. 9-100.
safety standards.
(1)
Exclusion of rental =uci=unc= building from storing
flammable liquid. No dwelling unit or rooming unit shall be
located within a building containing any business handling,
dispensing or storing flammable liquids with a flash point
of one hundred (100) degrees Fahrenheit, ac . This is
defined by the I~7~ ~44-~A_ ~ 4-~ .... ~ .4~ S~f~4-~ C=do
~ Uniform Building Code (U.B.C.) and the Uniform Fire
Code (U.F.C.).
~/
Smoke alarms. There shall be approved, functional smoke
alarms in all rental dwellings as required by state law.
Sec. 9-101 9.--l-G~. Maintenance responsibilities.
(1) Maintenance of private areas. Occupants Evcry occupant of a
~"~-- shall keep in a clean and sanitary condition that
part of the dwelling and premises 4-~ .... ' which they
occupy, control or use...~ ~ ....... ~.~.~,4-- ~..t.~l--~- -- - ~.~- uccc.
(2) Maintenance of shared or pUblic areas. Every owner cf a
21
maintain in a clean and sanitary condition all tko shared or
public areas on As the "- -in- -~ ....
v~ d.~l~ ~ .... premises th .... f.
(3) Disposal of garbage and refuse. Occupants and owners
.... ........ ~ ...... ~ -~~- dwA~II~-~-- shall dispose of their a--11 kio
~ -~ in a clean and sanitary manner
garbage and refuse
consistent with Chapter 16 of this Code. Occupants shall
put their garbage and refuse in the containers provided by
the owner.
(4) Use and operation of..~..__'~-~ plumbing fixtures. Every
occupantv.-~ ~ d~clling shall keep the ~..~ plumbing
fixtures thcrcin clean and sanitary and shall ~ ........
......... sc ~. use reasonable care in their proper use
and operation.
Sec. 9-102. ~ Rooming houses.
any
(:[)
"-'---''--' ~--' lavatory and bath facilities. A~
Toilet, ........... ,
There shall be at least one functioning toilet
b ..... sink and bathtub or shower,
lavatory - - -' .......
..... ,.;___A_~.~__ -~-'' ~- ..... ~-~ for each four (4) rooms
within a rooming house. This is wherever persons share said
facilities. '-'~ ......... ~ ~ f-~.l.t., arc
............. --~ ~ ~-s ........ The owner
shall locate all...'''. such facilities ~h~ll- b~ located within
the residence building se~ed and be directly accessible
from a co. on hall or passageway to all persons sharing such
facilities. The owner shall supply every ~ lavatory
sink --~- -- bathtub or shower -~-~ ~ ...... ~ ~-~ with hot
and cold water ~ - ~ ~ ~ ~
(2)
A kitchen is not required in a rooming house. If a common
kitchen is provided, it shall be clean and sanitary.
(2)
FA%
Sec. 9-103 9-~0~. Vacant aa~--~a~ dwellings.
The owner of any unoccupied rental building, dwelling unit or
roominq unit shall board up or close and lock any open doors or
windows '
(60)~ 2~a"r--- ---- -~-~--"-- ...... ;- --~ ......... ~- ~ :~ ~'~
bcon dcc!arcd "-~"& for ~ ..... ~_u~.~ ...... ~. ~ ~ ...... ~ .... ~
23
Sec. 9-104 .9.--~-9~. Access By owner or operator.
Every occupant ~ ~ ~"-~ "-~ ~ ~ -"~""-..~-- 4-~- article shall
give the owner or operator 4-~ .... ' '- ~' ..... ~ ..... 1
access to any part of such dwelling unit, rooming unit or its
premises~ . This access is to be at reasonable times, for thc
purpcsc of affecting inspection and maintenance, making such
repairs, or making .... ~ ~it~-~ ~-s
'-'~ thc ..... ~-~ .... ~ chanqes to follow this article. '~-~
Sec. 9-105 $---~1-0. Compliance orders.
Whenever the enforcement officer determines that any dwelling,
li it i it ~- ~ ~4-.. ..-~A~ ~_
dwel ng un or room ng un ... ~ . th.. ~-~-~A'
the premises surrounding any of these, fails to meet the
provisions of this ar{icle, he or she may issue a compliance
order. This order shall state .~t4-...~ ~-'~
-- ~-~ . ..... the violations of
the article and .... ~--
~.d ..... ~ order the owner, occupant or operator e~
a~cnt to correct such violations. This compliance order shall:
(1)
(2)
Be in writing.
Describe the location and nature of the violations of this
24
article.
(3)
~t~bl~h Set the required corrective action and a time for
the completion of the correction of such violation. This
compliance order shall also let the owner or operator know
~-~ -~" of appeal recourse.
(4)
Be served upon the owner, his agent or the occupant, as
follows: ~- ~ ............. -'-~ °---~ -~-'~-~ ~ ~
a. Served upon him personally, or
Sent by ~" ......... ~"~"~ mail to his last known
rc~ ~t~ ~d ...........
address, or
.... ~ ~--~ "- ~" .... ~ ~' ~- Posted__at conspicuous
place in or about the dwelling which the notice
affects ""~-~ ~" ~ -~"-~ '~ ~'~ *~
Sec. 9-106 9--A-1-t. Variances.
A person shall make appeals A~ of interpretation or variance
under this article -~-~ ~ -~ ~ ~ --'~ ......... to the
Director of Community Development. If not satisfied, a person
may make further appeal nay ~^-~ ~ ~ ~-~ ~ ~-'
--~ appcals to the City Council according to established
City procedures. The board City Council will hear re~ests for
variance and interpretation of this article. The board City
Council may grant variances in instances where the strict
enforcement would cause undue hardship because of circumstances
~-~ The
unite to the individual property under consideration,
City Council must also find ---~-...~.. ~ ~- ~...~..~ ~ ..... ~-~~~ that such
action will be in keeping with the spirit and intent of this
article ,~_~ ,,~ ~o~ ~,~ ~,~ ~_=_~
Sec. 9-107 9--X--X-E-,- Violations.
Any person, firm or corporation failing to follow .... ~-- w~4~h ~
provisions of this article shall be guilty of a misdemeanor~ and
shall be su ect to prosecution. ~ ........... , . _~
~ 5-5-$0
Secs. 9-108 9-~-1-~--9-129. Reserved.
Section 2. This ordinance shall take effect after its passage.
Passed by the Maplewood City Council on
, 1991.
mb/ord/rent a 12
25
MEMOI~ANDUM
TO:
FROM:
SUBJECT:
DATE:
City Manager
Ken Roberts, AssoCiate Planner
Metropolitan Housing and Redevelopment Authority
October 2, 1991
INTRODUCTION
The Maplewood Housing and Redevelopment Authority (HRA) asked
staff to investigate the status of the Metropolitan Housing and
Redevelopment Authority (Metro HRA). The HRA made this request
after reading an editorial article in the September 9, 1991 Saint
Paul Pioneer Press written by Steven Dornfeld. I have attached a
copy of the article on page 2. This story is about the
Metropolitan Council and it's plans to revitalize and refocus
their actions.
DISCUSSION
A part of this article is about the Met Council's plans about the
Metro HRA. The article says that the Met Council is looking at
whether it needs to run the Metro HRA. The Met Council may
decide to turn the functions of the Metro HRA over to the
counties or another regional agency. This possible change is a
concern to staff and the HRA. The City is now participating in
three programs run by the Metro HRA. These are the Revolving and
Rehabilitation Loan Programs for owner occupied homes and the
Section 8 Rental Subsidy Program. These three programs helped
177 Maplewood residents in 1990 at no cost to the City. If the
Met Council moves or drops the Metro HRA, a concern is there will
be a reduction to or a loss in available programs and services.
I talked to Kathy Kline at the Metro HRA about the article. She
told me that the study of the Metro HRA is a part of the 1992 Met
Council work program. This work program is just getting under
way at the Met Council. Ms. Kline suggested that the City write
a letter to Mary Anderson about our concerns about the Metro HRA.
Ms. Anderson is the Chairperson of the Met Council. The city
should send this letter soon so the Met Council considers our
concerns early in their study of the Metro HRA. I have attached
a draft letter on page 3 that the City may want to use.
RECOMMENDATION
Direct staff to write the Metropolitan Counoil about Maplewood's
concerns about the future of the Metropolitan HRA.
~ttachments:
1. 9-9-91 Articl9
2. Draft letter
from St. Paul Pioneer Press
kr\memo51.mem
October 8, 1991
Ms. Mary Anderson, Chairperson
Metropolitan Council
Meats Park Centre
230 East 5th Street
Saint Paul, MN. 55101-1634
METROPOLITAN HOUSING AND REDEVELOPMENT AUTHORITY
I am writing you about the future of the Metropolitan Housing and
Redevelopment Authority (Metro HRA). We understand that the Met
Council in its 1992 work program will be reviewing its mission
and actions. As a part of this, we understand that the Council
will be looking at the purpose and role of the Metro HRA. This
study may include whether the Met Council should continue to run
the Metro HRA or if the Council should turn the functions of the
Metro HRA over to the counties or another regional agency.
A concern of Maplewood is about changes in operating the Metro
HRA. Many Maplewood residents get help through several of the
programs run by the Metro HRA. Maplewood wants to continue in
these programs without losing any of the programs or services.
We hope that the programs that the Metro HRA now offer can be
continued in the future. We believe that these programs and
services are best run by the Metro HRA. Please see that the
Metropolitan Council keeps the Metro HRA as regional agency to
deal with housing issues.
Please call me at 777-5037 if you have any questions.
Lorraine B. Fisoher
Chairperson, Maplewood Housing and Redevelopment Authority
kr/memo52.mem