HomeMy WebLinkAbout05/11/1993AGENDA
MAPLEWOOD HOUSING AND REDEVELOPMENT AUTHORITY
May 11, 1993
7:00 P.M.
CITY HALL
CONFERENCE ROOM A
(NOTE: Room Change)
1. Call to Order
2. Roll Call
3. Approval of Minutes
a. February 9, 1993
4. Approval of Agenda
5. Communications
a. Carefree Cottages of Maplewood (Cottages of Maplewood West)
6. Unfi_~shed Business
a. 1992 Annual Report
7. New Business
a. Commerdal Property Study
b. Housing Maintenance Codes
c. Manufactured Home Buying Financing - Gary Pearson
8. Date of Next Meeting
a. June 8, 1993
9. Adjournment
HRAAGEND.MEM
m
MINUTES OF THE
MAPI..EWOOD HOUSING AND REDEVELOPMENT AUTHORITY
FEBRUARY 9, 1993
CALL TO ORDER
Chairperson Fischer called the meeting to order' at 7:07 p.m.
ROLL CALL
HRA Commissioners: Lorraine Fischer, Tom Connelly, Gary Pearson, Lori Tauer
City Staff: Ken Roberts
APPROVAL OF MINUTES
a. November 10, 1992
Commissioner Connelly moved approval of the the amended minutes of
November 10, 1992, adding to paragraph 1 on page 2 the following: Ms.
Christofferson said the housing market in Maplewood is extremely healthy and
doing fine, time on the market is in the normal range, and that Maplewood has a
good supply of affordable housing in good condition.
Ayes--Fischer, Connelly, Pearson, Tauer
Commissioner Tauer seconded
APPROVAL OF AGENDA
Commissioner Fischer moved approval of the amended agenda, moving item 7a before
item 5.
Commissioner Connelly seconded
Ayes--Fischer, Connelly, Pearson, Tauer
NEW BUSINESS
a. Affordable Suburban Housing (ASH)
Bill Schatzlein, executive director of ASH, gave a presentation on this program
which helps to provide affordable housing in the suburbs. Mr. Schatzlein said he
is expanding this board and wants to include people from the communities
involved in the program. He said this board wants to encourage a homeowner
with an older home to remodel it rather than to move out of the neighborhood.
When the remodeling project is completed, he wants to promote or publicize it.
Mr. Schatzlein said he has worked in several suburbs, but he has worked a great
deal in Richfield and he explained what his experience there has been. He said
the City of Richfield is buying smaller homes, demolishing them, and making the
land available for new construction. In the past year, Richfield's school district
held a remodeling class where they had construction people available for
HRA Minutes of 2-9-93
-2-
consultation and the community also held a remodeling fair. Mr. Schatzlein said
the goal is to provide a parmership between the HRA and ASH.
5. COMMUNICATIONS
a. Village on Woodlynn
Ken Roberts, Associate Planner, explained that this project recently was
reconsidered by the City Council for financing modifications. Commissioner
Fischer relayed the answers to the questions on this project that the Commission
discussed at a former meeting.
b. Cottages of Maplewood West
Ken Roberts, Associate Planner, updated the Commission on this project. Mr.
Roberts said this project is still planned to begin this year, but it may be delayed
until late summer since the developer has decided to apply for a Community
Development Block Grant. The developer is now planning on building this
project in two phases.
c. 1992 Community Survey Results
The consulting tim's executive summary for this survey was presented by Ken
Roberts and discussed with the Commission.
6. UNFINISHED BUSINESS
There was no unfinished business.
7. NEW BUSINESS
b. 1992 Annual Report
Ken Roberts, Associate Planner, presented a draft copy of the 1992 annual
report. The Commission made changes in the draft and asked Mr. Roberts to
update the report and return for Commission review at the March meeting. It
was decided if no meeting is held in March, staff will submit the report to the
chairperson for review and signature.
8. DATE OF NEXT MEETING
a. March 9, 1993
9. ADJOURNMENT
Meeting adjourned at 9:13 p.m.
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
City Manager
Ken Roberts, Associate Planner
Commercial Property and Major Street Corridor Study
May 5, 1993
The Planning Commission is working on a study of commercial properties and major
street corridors. On April 19, the Commission identified the attached list of prOblems to
study. The HRA and Commtmity Design Review Board should review these prOblems to
see if they have any additions or revisions to the list. This will help us determine what
the City needs to study.
kr/comm4.mem (4.55)
attachment: problems list
WHAT PROBLEMS DOES THE CITY HAVE WITH
COMMERCIAL AREAS OR MAJOR STREET CORRIDORS?
PROTECTING SINGLE DWEII lNG NEIGHBORHOODS FROM COMMERCIAL USES
The City should determine if there are intra-city land use conflicts at the City's
boundaries. An example is the effect of a proposed 1-494 interchange in Woodbury
on traffic and development in Maplewood. Another example, the area of Century
Avenue and Stillwater Road.
Single and double dwellings around commercial uses are becoming blighted. An
example is the homes west of Duluth Street on County Road C. The City has zoned
them commercial. This discourages property owners from maintaining these homes.
3. Not enough buffer between R-1 (single dwelling) and commercial or multiple
dwellings.
4. Bothersome types of commercial, such as fast food, are too close to single
dwellings. These commercial uses create nuisances, such as litter.
5. The City needs to ease and relieve commercial noise, trespassing, visual impact and
traffic infiltration through single dwelling neighborhoods.
6. Is the City planning transition uses between commercial and single or double
dwellings or following the market?
7. Continuous commercial spread along major streets and around the comer into
residential neighborhoods.
8. Non-conforming commercial uses in residential zones, such as Don John's
commercial business on Stillwater Avenue.
GENERAL COMMERCIAL PROBLEMS
The Mall area is already overdeveloped with commercial uses. Additional
commercial development will create problems for surrounding land uses--traffic
congestion, esthetics, too many signs, too little green area and too many people.
10.
The City does not regulate commercial uses based on intensity of use. The City
should only allow parking ramps to increase green space but not to increase
building area.
11. Commercial and apartment development increase crime and bring in gangs from
outside the City.
. - TRAFFIC
12. Traffic on Hazelwood Avenue from Highway 36 to County Road D.
13. Traffic conflicts at County Road B and White Bear Avenue. (Caused by the Fina
station.) The proposed Community Center will worsen the situation.
14. Traffic around the Mall area as it develops.
15. Do we need a new interchange on 1-694, between Highway 61 and McKrfight
Road? What would be the impact on the Mall?
16. Traffic problems on North St. Paul Road and Ripley Avenue if the School District
builds a high school on Goodrich Golf Course.
17. Road jurisdiction (turn-back of roads to the City). What condition will the City get
these streets in? What will be the cost to Maplewood?
18. Rice Street traffic.
19. Need a bridge over the railroad tracks on Larpenteur Avenue, east of Rice Street.
20. Do the long-range plans for Highway 36 include frontage roads?
21. Can the fence be removed on the BN bridge over Highway 36 so people can use
the bridge?
IMPROVE COMMERCIAL DESIGN
22.
The criteria for new commercial design. Need more green area and landscaping,
maybe based on a percentage of value. Need breaks in parking lots for green areas
and landscaping. Could the City allow a developer to phase in the parking as the
project needs it? The City should review the parking standards in the ordinance.
Sign criteria needs review.
23. Screening is not aesthetic between singl~ dwellings and other uses.
24.
Could builders put commercial mechanical equipment somewhere instead of on the
roof?. Owners do not maintain roof-screening and materials are not attractive.
Consider metal instead of wood slats.
MISCEI I ANEOUS
25.
Fiscal disparity: Does this effect the City's decisions on commercial development?
Is the Metropolitan Council encouraging commercial development in the southwest
and western suburbs by allowing highways and utilities to be built there? Is the
Met Council changing there direction.
26. Is the Farm Zone still valid? Should we limit it to farms? Should F areas be R-l?
The F zones do not reflect the planned land use.
27. Should we use or revise the PUD ordinance to use it as a transition zone and for
small parcels?
28. How to deal with businesses that go out of business and redevelopment of existing
businesses. How can the City control this? Changes in use have an effect on
parking and possibly the surrounding uses. Can we require the new business to be
brought up to current code standards?
TO:
FROM:
SUBJECT:
DATE:
MEMORANDUM
City Manager
Ken Roberts, Assodate Planner
Hon-~ng Maintenance Codes
May 6, 1993
INTRODUCTION
Lorraine FisCher asked me to bring the City's Homing Maintenance Codes to the HRA
for discussion. Specifically, a concern of Ms. Fischer was about the strength of the
Maplewood owner-occupied housing maintenance code. She became interested in this
after the Council's discussion on April 26, 1993 about the house at 934 Evar Street.
DISCUSSION
I talked with Bob Wenger, the Maplewood Environmental Health Officer, about the
City's current owner-occupied housing maintenance ordinance. Mr. Wenger feels that
this ordinance meets the City's needs. However, the ordinance has limits in the areas of
owner-occupied housing that it addresses. It focuses primarily on the exterior areas of
owner occupied housing and the interior areas of' attached owner occupied dwellings
(town houses and condominiums).
The City Council approved an update to the rental housing maintenance code on April
13, 1992. An area of difference between the rental housing ordinance and the owner-
occupied ordinance is about the interior areas of dwellings. The rental housing
ordinance lists several items that the rental property owner must maintain and have in
a rental housing unit. The current owner-occupied maintenance ordinance deals only
with cleanliness, insects, rodents, plumbing and flammable liquids in attached units.
There are no maintenance standards for the interior areas of owner occupied detached
housing units.
The City Council decided to have no rules in the owner-occupied maintenance ordinance
about the interior areas of detaChed housing. The Council decided this in 1981 when
they adopted the owner-occupied maintenance code. They felt that a person's house is
their castle. As such, the Council did not want to tell people how to live inside their
homes. Mr. Wenger told me that the City nuisance ordinance covers garbage houses.
SuCh a case also usually involves Ramsey County Social Services.
Mr. Wenger also told me that he wrote an update to the City's garbage and refuse
ordinance. Geoff Olson, the Director of Community Development, should be submitting
this to the Council soon. This update should include standards for exterior storage in
all zoning dis~c~. Mr. Wenger told me that this ordinance update will be a big help to
him in dealing wi~z~ exterior storage and use problems in the City.
RECOMMENDATION
Take no action now.
krkmaintcds.mem
Attachments:
1. April 19, 1993 Staff report about 934 r. var Street
2. Owner Occupied Housing Maintenance Code
3. Rental Housing Maintenance Code
2
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
City Manager
Environmental Health Offidal
934 Evar Street
April 19, 1993
INTRODUCTION
On April 12, the City Council asked for a report on 934 Evar Street. (See the maps on
pages 3 and 4.) Lorraine Syring owns this house. She is elderly and no longer able to
communicate. Ms. Syring lives in the house with her daughter, Barbara Gatzke, and
Ms. Gatzke's five children. The children are between approximately ten and twenty
years old.
I am reporting on the problems outside the house. The police deparUrtent will report
on the problems inside the house, such as animals, garbage and child abuse.
BACKGROUND
This property has a long history of problems. In the past th/rteen years, we have
received reoccurring complaints about junk, garbage, junked cars and problems inside
the house. I have issued many orders to clean the property up. In 1986, I issued a
citation. Ms. Gatzke has always cleaned up the yard after I issued orders to her.
Eventually, however, the yard returns to its usual condition.
[ have twice had the police remove the children because of garbage in the house. After
Ms. Gatzke cleaned up the garbage, the courts and the welfare department returned the
children to the home.
DISCUSSION
I recently inspected the property outside the house. The garage is full of aluminum
cans and bicycle parts, which is not a violation. The house has relatively new
aluminum siding. The deck is deteriorated and in poor condition. I sent Ms. Gatzke a
letter requiring that she repair or remove the deck by this summer. There was one
inoperative car, an old stuffed chair on the deck, some bicycle parts, junk and litter in
the yard. I issued verbal and written orders to Ms. Gatzke to clean up the yard and
remove the car. I issued a citation for the car. She has since removed the car and
started dismantling the deck.
The occupants do not maintain the inside or outside of this house to normal community
standards, nor have I been able to educate them to do so. I will continue to inspect this
property periodically.
3 Attachment 1
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at~achmen£s:
~. Location Map
2. Property Line Map
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LOCATION MAP
5
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Attachment
6
! 9-111
Sec, 9-111.
Apl)eals of
made to the city
made to the board of
l/shed city procedures.
and interpretation of this
instances where the strict
because of cir~m~tance~
consideration, and when it is
in keeping with the spirit
214.210, 6-5-80)
i or variance)/nder this article shall be
If not satis~ed, further appeal may be
and'appeals according to estab-
hear request~ for variance
board may grant variances in
would cause' undue hardship
to the individual property under
~ of this article. (Ord. No. 486, §
See. 9-112.
Any person, firm
sions of this
prosecution. ('
be guilty of a
§ 214.211,
: to comply with the provi-
', and subject to
Secs. 9-113--9-129. Reserved.
ARTIC
HOUSING MAINTENANCE CC
Sec. 9-130. Short title.
This article shall be cited as the owner occupied housing mainte-
nance code. (Ord. No. 496, § 215.010, 1-22-81)
Sec. 9-131. Purpose.
The purpose of this article is to establish minimum standards for
the maintenance of exterior areas of owner occupied housing, as
well as interior areas of attached owner occupied dwellings. The
general objectives shall include the foUowin~.
(1) To protect the character and stability of residential pr,oper-
ties within the city;,
(2) 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 dwellings within the city;
528
7 Attachment 2
BUILDINGS AND BUTLI~ING REGULATIONS [ 9-134
(3)
To provide minimtun standards for the maintenance of ex-
isting residential buildings and to prevent deterioration and
blight. (Ord. No. 496, § 215.020, 1-22-81)
Sec. 9-132. Applicability and scope.
This article shall apply to exteri°r areas of owner occupied dwell-
ings and interior areas of attached owner occupied dwellings. The
construction, repair or alteration of residential property shall com-
ply with the provisions of this article and the building and zoning
cedes. (Ord. No. 496, § 215.030, 1-22-81)
Sec. 9-133. Rules of construction.
For the purposes of this article, the following rules of construc-
tion shall apply:
(1) Words used in the present tense include the future; words in
the masculine gender include the feminine and neuter; the
sing~lR, number includes the plural and the plural the sing~,lRr.
(2) Where terms are not defined in this section and are def'med
in the building bode or zoning code, they shall have the
meanings ascribed to them in the building code or zoning
code.
(3) Where terms are not defined in this article or in the building
or zoning code, their common dictionary del'tuitions shall
apply. (Ord. No. 496, § 215.040, 1-22-81)
See. 9-134. Definitions.
For the purposes of this article, the following words, terms and
phrases shall have the meanings respectively ascribed to them by
thi~ section:
Approved, as applied to a material, device or method of construc-
tion, shall mean approved by the enforcement officer under the
provisions of this article, or approved by other authority designated
by law to give approval in the matter in question.
Attached dwellings shall mean two (2) or more dwelling units
physically attached in construction such as condominiums, town-
houses, double dwellings and quads.
529
8
! 9-134 MA.PLEWOOD CODE
Building code _,_h,ll m~an the building code of the city, including
the fire code.
Dwelling unit is a single unit providing complete, independent
living facilities for one or more persons, including permanent provi-
sion* for living, sleeping, eating, cooking and sanitation.
En[orcement officer shall mean the city mam~ger or his author-
ized representative.
Exterior property areas shall mean open space on the premises
under the control of owners of such premises.
Extermination shall mean the control and elimination of rodents,
or other pests by eliminating their harborage places; by removing or
making inaccessible materials that may serve as their feed, by poi-
son spraying, fumigating, trapping or by another recognized and
legal pest elimination method.
Owner shall mean owner or owners of the freehold of the premises
or lessor estate therein.
Premises shall mean a lot, plot or parcel of laud including the
building or structures thereon.
Workmanlike shall mean the standards of the trade or industry
involved. (Ord. No. 496, § 215.040,1-22-81)
Cro~ refer~ne~--Rul~ of comUuction -nd de£mitiom generally, { 1-41 et ~l.
Sec. 9-135. Exterior property areas.
(a) Sanitation. All exterior property areas shall be maintained in
a clean and sanitary condition, free from any accumulation of refuse
or garbage.
(b) Free [rom noxious weeds and pests. All exterior property
areas shall be kept free from species of weeds or plant growth,
rodents, vermin or other pests which are noxious or detrimental to
the public healtl~- (Ord. No. 496, § 215.050, 1-22-81)
Sec. 9-136. Exterior of structures.
(a) The exterior of all structures and accessory structures includ-
ing detached garages, shall be maintained in a workmanlike state of
maintenance and repair.
53O
BUILDIN/~S AND BUILDING REGULATIONS § 9-139
(b) Every exterior wall sh.ll be ~ee of holes, breaks, loose or
rotting boards or timbers, fall/ng or loose stucco or brick, or sub-
stantial amounts of peeling paint.
(c) All doors anc~ windows shall be maintained in good repair, fit
reasonably well within their frames, and be free of open breaks or
holes. (Ord. No. 496, § 215.060, 1-22-81)
Sec. 9-137. Interior areas of attached owner occupied
dwellings.
(a) The interior of every dwelling 8hall be maintained in clean
and sanitary condition, free of accumulations of garbage and refuse.
(b) The interior of every dwelling shall be maintained free from
infestation of noxious insects, rodents and other pests.
(c) All plumbing systems shall be properly installed, connected
and maintained in good working order, and must be kept free from
obstructions, leAl~, and defects.
(d) The storage of hazardous flammable liquids shall be prohib-
ited. (Ord. No. 496, § 215.070,1-22-81)
Sec. 9-138. Vacated dwellings.
The owner of any dwelling which has been declared unfit for
human habitation or which is otherwise vacant for a period of sixty
(60) days or more, shall make 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 such dwelling open at doors
and windows, if unguarded, shall be deemed to be a hazard to the-
health, safety and welfare of the public and a public nuisance within
the meaning of this article. Upon failure of the owner to comply, the
city may have such dwelling made safe and secure and assess the
cost to the owner. (Ord. No. 496, § 215.080,1-22-81)
See. 9-139. Hazardous building declaration.
If a dwelling has been declared unfit for human habitation and
the owner has not remedied the defects within a prescribed reason-
able time, the dwelling may be declared a hazardous building and
treated consistent with the provisions of state law. (Ord. No. 496, §
215.090, 1-22-81)
531
l0
9-140 MAPLEWOOD CODE
Sec. 9-140. Enforcement officer.
It shall be the duty of the enforcement officer to enforce the
provisions of thiA article. (Ord. Bio. 496, § 215.100,1-22-81)
Sec. 9-141. Inspection of dwellings generally.
The enforcement officer shall be authorized to make or cause to
be made inspections to determine the condition of dwellings and
premises in order to safeguard the health, safety and welfare of the
public. The enforcing officer, or his designated representatives, shall,
with the permission of the owner, be authorized to inspect the
exterior areas of any premises and the interior areas of attached
dwellings at any reasonable time for the purpose of performing his
duties under this article. If the owner, operator or person in posses-
sion of the dwelling shall refuse to consent to the inspection and
there is probable cause to believe that a violation exists on that
particular premises, a search warrant may be obtained. (Ord. No.
496, § 215.110, 1-22-81)
Sec. 9-142. Compliance order.
Whenever the enforcement officer determines that any dwelling
or the premises, fails to meet the provisions of this article, he may
issue a compliance order setting forth the violations of the article
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
article;
(3) Establish a time for the correction of such violation and
notify of appeal recourse;
(4) Be served upon the owner. Such notice shall be deemed to be
properly served upon such owner if a copy thereof is:
a. Served upon him personally; or
b. Sent by registered or certified mail; or
c. Upon failure to effect notice through a. and b. as set out
in this section, posted at a conspicuous place in or about
the dwelling which is affected by the notice. (Ord. No.
496, § 215.120,1-22-81)
532
BUILDLNGS AND BUILDING REGULATIONS
§ 9-161
Sec. 9-143. Variance.
Appeals of interpretation or variance shall be made to the city
manager. If not satisfied, further appeal may be made to the board
of adjustments and appeals according to established city proced-
utes. The board will hear requests for variance and interpretation of
this article. The board may grant variances in instances where the -
strict enforcement would cause undue hardship because of circum-
stances unique to the individual property under consideration, when
it is demonstrated that such action will be in keeping with the spirit
and intent of this article. (Ord. No. 496, § 215.130, 1-22-81)
Sec. 9-144. Violations.
Any person failing to comply with the provisions of this article
shall be guilty of a misdemeanor and subject to prosecution. (Ord.
No. 496, § 215.140,1-22-81)
Sees. 9-145--9-160. Reserved.
ARTICLE VIII. CONTRACTORS AND
SUBCONTRACTORS
Sec. 9-161. General types of work requiring license or
registration--Generally.
Before any person, firm or corporation shall engage in the busi-
ness of doing or performing in the city any of the following vario{ls
types of work listed in this section, he shall first obtain a license or
register to do so as provided in this article:
(1) Cement work, cement block work, cement block laying or
brick work.
(2) General construction, including erection, alteration or repair
of buildings.
(3) The moving or wrecking of buildings.
(4) Plastering, outside stucco work or lathing.
(5) Plumbing, including installation of outside sewage disposal
pla ts.
533
ORDINANCE NO. 701
AN ORDINANCE REVISING THE RENTAL HOUSING I~AINTENANCE CODE.
THE MAPLEWOOD CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council changes Article VI of Chapter 9 as follows:
ARTICLE VT. RENTAL HOUSING tlAINTENANCE CODE
Sec. 9-gl. Purpose and goals.
The purpose of this article is to protect the public health, safety and
welfare by enacting a rental housing maintenance code: This code sets the
minimum level of maintenance standards for rental housing. The general goals
of this code are:
(1) To protect the character, value and stability of residential properties.
(2) To correct and prevent housing condit-lons that adversely affect or may
adversely affect residents' lives, safety, general welfare or health.
(3) To provide minimum standards for cooking, heating and sanitary equipment
necessary for the health and safety of occupants of the buildings.
(4) To provide minimum standards for light and ventilation necessary for health
and safety.
(5) To provide minimum standards for the maintenance of existing residential
buildings, to prevent deterioration and blight.
Sec. 9-92. Applicability and scope.
This article shall apply to rental housing only including any construction,
repair or alteration. Any changes shall be done according to and zoning
codes. The owner shall be responsible for meeting the requirements of this
article.
Sec. 9-93 Definitions.
Where this article does not define a term and the building code or zoning code
defines the term, the term shall have the meaning given to it in the building
code or zoning code. For the purposes of this article, the following words
shall have the following meanings:
Approved: Approved by the enforcement officer or by other authority
designated by law to give approval in the matter in question.
13 Attachment 3
Butldtng code: The state building code as defined in Section 9-21.
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 one 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.
Dwelltng unit: 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: The City manager or his or her authorized
representative.
Extermination: The elimination of insects, rodents or other pests. This may
be done by eliminating their harborage places or by removing or making
inaccessible materials that may serve as their feed. This may also be done by
poison spraying, fumigating, trapping orby 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 structure to perform the service or
function for which the manufacturer or builder designed, intended and
constructed it.
6arbage: Animal or vegetable waste resulting from the handling, preparation,
cooking or consumption of food.
6fade: The vertical location of the ground surface.
Znfestatton: The presence, within or contiguous to a dwelling or premises, of
noxious insects, rodents, vermin orother pests.
Maintenance or maintain: The upkeep of property and equipment in a
professional-like condition.
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 living purposes by an occupant.
14
Occupant: Any person living or sleeping in a dwelling unit or rooming unit.
Openable area: That part of a window or door which is available for
unobstructed ventilation and which opens directly to the outdoors.
Operator: Any person who has charge, care or control of a rental residential
building or yard.
Permissible occupancy: The number of persons the City permits to live in or
occupy a dwelling unit or rooming unit.
Plumbing or plumbing fixtures: water heating facilities, .water pipes, gas .
pipes, garbage disposal units, toilets, waste pipes, sinks, installed
dishwashers, lavatories. 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: A lot or parcel of land which includes a rental residential
building.
Professional-like: In a safe, working condition that meets the standards of
the associated trade or industry or is in the originally intended condition.
Reasonable care: The treatment of all facilities, fixtures, equipment and
structural elements such that depreciation of these objects and other
materials is due to their age and normal wear through use, rather than due to
abuse, misuse or neglect.
Refuse: Waste materials, except garbage, such rubbish as paper, rags,
cardboard, boxes, cans, metal, yard clippings or trimmings and tree branches.
The City shall also consider waste wood, rubber, leather, glass, brick,
plaster, sheetrock, bedding, crockery and similar materials as refuse.
Repair: The reconstruction or renewal of any part of a building or its
utilities, facilities or equipment.
Rental residential building: Any building or portion of a building which is
rented or leased for residential purposes.
Rodent Harborage: A place where rodents are likely to live, nest, seek
shelter or make their habitat.
Rooming house: Any rental building, containing one or more rooming units.
Rooming unit: Any room or group of rooms forming a single habitable unit
that the owner or occupant uses or intends to rent or lease for living and
sleeping. A rooming unit does not include standard kitchen facilities.
Safe: The condition of being free from danger and hazards which may cause
accidents or disease.
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Sanitary: Bactericidal treatment effective in destroying micro-organisms,
Including pathogens.
Supplied: Installed, furnished or provided by the owner or operator.
Yenttlatton: The process of supplying and removing atr by natural or
mechanical means to or from any space.
Yard: All ground, lawn, court, walk, driveway or other open space which is on
the same premises as a rental building.
Sec.
0-94. Yards.
Cleanliness. All yards shall be clean and sanitary.
Srading and drainage. There shall be no accumulation of stagnant water,
except in approved pondtng areas. There shall also be no surface water
entering any butldtng or structure.
(3) Removal of snow and ice. There shall be no snow and ice on parking lots,
driveways, steps and walkways whtch may create a hazard.
(4)
(s)
(6)
(7)
Free from noxious weeds. The yard shall be free from noxious weeds and
tall grass as required in Section 19-7(8) of Code.
Insects and rodents. The owner shall' exterminate all noxious insects,
rodents, vermin or other pests that are causing a nuisance.
Accessory structures. All accessory structures, including detached
garages, fences, signs and retaining walls, shall be structurally sound
and in good repair. The owner shall protect all accessory structures,
fences, signs and retaining walls against the elements and decay by non
lead-based paint or other appropriate protective coverings.
Parking lots and driveways. All parking lots and driveways shall be
paved and kept in good condition with no pot holes. Driveways for single
and double dwellings are exempt from the pavement requirement but shall
be kept in good condition.
(8) Yards and landscaped areas. The owner shall maintain all yards and
landscaping and replace all damaged or dead plants required by the City.
(9). Extertor storage. The owner shall not allow the accumulation or storage
of building materials, firewood, boxes, machinery, scrap metal, refuse,
or garbage anywhere on the premises.
Sec. 9-95. Exteriors of structures.
(1) Foundations, walls and roofs. Every foundation, exterior wall, roof and
all other exterior surfaces shall be in a professional-like condition:
a. The foundation shall support the building at all points.
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Every foundation, exterior wall and roof shall be free of holes,
breaks, loose or rotting boards or timbers, or falling or loose
stucco or brick. The owner shall protect every exterior surface
from vermin and rodents. Every exterior surface shall also be free
from graffiti and large amounts of peeling paint. Every exterior
surface shall also be free from. conditions which might admit
moisture to the interior of the walls or to the interior of the
dwelling.
Ce
All exterior wood surfaces and lead-based paints, other than decay-
resistant woods, shall be covered or replaced with nonlead-based
paint or other protective coverings or treatments, as required by
State law.
de
The roof shall be tight and have no defects which admit rain or
moisture. Roof drainage shall be adequate to prevent rain water from
causing dampness in the walls.
All building exterior surfaces shall meet Section 9-7 of the City
Code.
(2) Stairs, porches, decks, balconies and railings.
(3)
Every outside stair, porch, deck, balcony or railing shall be in a
professional-like condition.
Every flight of stairs which is more than three (3) risers high and
every porch shall have guard rails as required by the building code.
Windows, doors and hatchways. Every window, exterior door and hatchway
shall be tight and kept in professional-like condition.
Every exterior window, door and hatchway shall be in professional-
like condition and fit tightly within its frame.
Every window shall have panes which are without open cracks or
holes.
c. Every openable window, shall:
1. Open easily.
Have hardware that wtll hold the window in an open or closed
position.
3. Have a functioning lock.
For single and double dwellings have a tight-fitting screen
that is not greater than 16-mesh per inch.
d. Every exterior door shall:
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Open easily from the inside without a key.
Have a functioning dead-bolt lock.
Sec. g-gs.
For single and double dwellings, have a tight-fitting screen
door with a screen that is not greater than 16-mesh per inch.
Interior of structures.
(1) Basements. All basements and crawl spaces shall be dry.
(2) Structural members. The supporting structural members .shall
structurally sound and have no evidence of deterioration.
be
(3) Interior stairs and railings.
All stairs shall be in professional-like condition. The owner shall
replace treads and risers that show evidence of excessive wear or
are broken, warped or loose.
Every stairwell and every flight of stairs more than three (3)
risers high shall have handrails or railings as required by the
building code.
Ce
Every handrail or railing shall be firmly fastened and in
professional-like condition. The owner shall properly place secured
railings on the open portions of stairs, balconies, landings and
stairwells. These railings must be able to bear normally imposed
loads as determined by the building code.
(4)
(5)
Bathroom floors. Every toilet room and bathroom floor surface shall be
impervious to water. These floor surfaces shall be constructed to permit
a person to easily clean them and keep them in a sanitary condition.
Sanitation. The interior shall be in a clean and sanitary condition.
The owner shall provide appropriate storage facilities for refuse,
garbage and rubbish.
(6) Insect and rodent harborage. The owner shall exterminate all noxious
insects, rodents, vermin or other pests.
(7)
Interior walls, floors, ceilings and woodwork. All interior walls,
floors, ceilings and associated woodwork or trim shall be in a
professional-like condition. These surfaces Shall be clean and free of
graffiti. Floors shall be free of loose, warped, protruding, ripped or
rotten materials and coverings. All walls and ceilings shall be free of
holes, large cracks and loose plaster and in a tight weatherproof
condition.
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Sec. 9-97, Bastc facilities.
The following facilities shall be tneveryoccupied dwelling unit and rooming
house, except as stated tn Section g-lOZ:
(1) Kitchen facilities. A kitchen which includes the following:
a. A functioning kitchen sink.
bo
Cabinets or shelves for the storage of eating, drinking and cooking
equipment, utensils and food that does not require refrigeration.
There shall also be a counter or table for food preparation. Said
cabinets or shelves and counter or table shall be large enough to
accommodate the number of people living in the dwelling unit. They
shall also be of professional-like construction, finished with
surfaces that are easily cleanable and that will not impart any
toxic or harmful effect to food.
Co
A functioning stove and refrigerator large enough to meet the needs
of the resident. The owner shall provide enough space and adequate
connections for the installation and operation of said stove and
refrigerator. The resident or owner shall provide said stove and
refrigerator.
(2)
Toilet. There shall be a nonhabitable room with an lentrance door which
gives privacy to a person within said room. This room shall have a
functioning toilet in professional-like condition with easily cleanable
surfaces.
(3)
Lavatory sink. There shall be a lavatory sink in good working condition.
It may be in the same room as the toilet. If the lavatory sink is in
another room, it shall be near the door leading directly into a room with
a toilet. Water inlets for lavatory sinks shall be above the overflow rim
of the sink.
(4)
Bathtub or shower. There shall be a room which affords privacy to a
person within said room which has a bathtub or shower. It shall be in
good working condition and may be in the same room as the toilet or in
another room. Water inlets for bathtubs shall be above the overflow rim
of the bathtub.
(s)
Connection to water and sewer system. Every kitchen sink, lavatory stnk,
bathtub, shower and totlet shall connect to a public water and sanitary
sewer system. These facilities may connect to an approved private water
and sewer system if no publtc uttltty system is available. These
plumbing facilities shall have an adequate amount of hot and cold running
water. The heated water shall be at a minimum temperature of 120 degrees
and a maximum of 165 degrees.
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(6)
(7)
Heattng system. Every rental residential butlding shall have an approved
and functioning heating system. Thts system shall safely heat all
habitable rooms, bathrooms and toilet rooms in the building. This system
must provide a temperature consistent with state and federal guidelines
at three (3) feet above the floor when occupied. The City shall not
consider gas or electrtc 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.
Refuse and garbage storage and removal. The.owner shall supply approved.
containers with tight-fitting covers for the storage of refuse and
garbage. The owner shall have the refuse and garbage removed from the
premises at least once a week.
Sec. 9-98. #atntenance.
(])
Plumbing and heating equipment. The owner shall maintain the plumbing and
heating equipment. This equipment shall be free from obstructions, leaks
and defects. Heating equipment shall include cooking, water heating and
space heating equipment.
(2)
(3)
Electrical servtce, outlets, fixtures. All dwelltng units and rooming
units shall have adequate and safe electrical service. Every electrical
outlet and fixture shall connect to the source of electrical power. A11
dwelltng untts and rooming untts shall have an adequate number of
electrical outlets and electrical ltghttng fixtures for normal usage.
All facilities and equipment. All housing facilities shall be clean and
in a sanitary condition.
Sec. 9-99. Ltght and ventilation.
(1)
Natural 11ght 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. If the dwelltng 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.
(z)
Ltght tn nonhabttable work space.. Every furnace room and all similar
nonhabttable work space shall have at least one functioning electric
l'tght.
(3)
(4)
Light in halls and stairways. Every hall and inside stairway shall have
at least five (5) lumens per square foot of light in the darkest part.
Sleeptng space tn basements. No person shall sleep tn a basement unless
there ts natural 11ght from windows. These windows shall meet all
butlding code requirements. At least one-half of the required window
area shall be openable to provtde natural ventilation.
20
(5)
Adequate ventilation. Every dwelllng shall have at least one wtndow
whtch can be eastly opened or such other device as will adequately
ventilate the dwelling.
(6)
Ventilation and 11ght tn bathroom. Every bathroom and room wtth a totlet
shall have at least one openable window or an approved ventilation
system.
Sec. 9-100. Ftre safety standards.
(1)
Exclusion of rental butldtng from stortng flammable 11qutd. No dwelllng
untt or roomtng untt shall be' located wtthtn a buildtng containing any
bustness handling, dispensing or stortng flammable 11qutds wtth a flash
potnt of one hundred (]00) degrees Fahrenheit. Thts ts deftned by the
Untform Bulldtng Code (U.B.C.) and the Untform Ftre Code (U.F.C.).
(2) Smoke alarms. There shall be approved, functional smoke alarms
rental residential buildtng and rooming houses as required by state law.
Sec. 9-101. #atntenance responsibilities.
(1)
#atntenance of prtvate areas. Occupants shall keep tn a clean and
santtary condition that part of the dwelling and premises which they
occupy, control or use.
(2)
#atntenance of shared or publlc areas. Every owner, containing two (2)
or more dwelling untts, shall matnt~in tn a clean and sanitary condition
all shared or publlc areas on the premises.
(3)
Otsposal of garbage and refuse. Occupants and owners shall d~spose of
thetr garbage and refuse tn a clean and sanitary manner consistent w~th
Chapter 16 of thts Code. Occupants shall put thetr garbage and refuse tn
the containers provided by the owner.
(4)
Use and operation of plumbtng fixtures. Every occupant shall keep the
plumbtng fixtures clean and sanitary and shall use reasonable care in
thetr proper use and operation.
Sec. 9-102. Roomtng houses.
Totlet, lavatory and bath facilities. There shall ~e at least one
functioning totlet, lavatory stnk and bathtub or shower for each four (4)
roomtng untts withtn a roomtng house. Thts ts wherever persons share
satd facilities. The owner shall locate all such facilities wtth~n the
residence butldtng served and be dtrectly accessible from a common hall
or passageway to all persons shartng such facilities. The owner shall
supply every lavatory stnk bathtub or shower with hot and cold water.
(2) A kttchen ts not requtred tn a roomtng house. If a common kttchen ts
provided, tt shall be clean and sanitary.
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Sec. 9-103. Vacant dwellings.
The owner of any unoccupied rental building, dwelling unit or rooming unit
shall board up or close and lock any open doors or windows.
Sec. 9-104. Access by owner or operator.
Every occupant shall give the owner or operator, or his agent or employee,
access to any part of such dwelling unit, rooming unit or its premises. This
access is to be at reasonable times, for affecting inspection and maintenance,
making such repairs, or making changes to follow this article.
Sec. 9-105. Compliance orders.
Whenever the enforcement officer determines that any dwelling, dwelling unit
or rooming unit, or the premises surrounding any of these, fails to meet the
provisions of this article, he or she may issue a compliance order. This
order shall state the violations of the article and order the owner, occupant
or operator to correct such violations. This compliance order shall:
(1) Be in writing.
(2) Describe the location and nature of the violations of this article.
(3)
Set the required corrective action and a time for the completion of the
correction of such violation. This compliance order shall also let the
owner or operator know of appeal recourse.
(4) Be served upon the owner, his agent or the occupant, as follows:
a. Served upon him or her personally, or
b. Sent by mail to his or her last known address, or
Ce
Posted at a conspicuous place in or about the dwelling which the
notice affects.
Before taking any court action, the enforcement officer shall send a
registered or certified copy of the notice to the owner.
Sec. 9-106. Variances.
A person shall make appeals of interpretation or variance under this article
to the Director of Communtty Development. If not satisfied, a person may make
further appeal to the City Council according to established City procedures.
The City Council will hear requests for variance and interpretation of this
article. The City Council may grant variances in instances where the strict
enforcement would cause undue hardship because of circumstances unique to the
individual property under consideration. The City Council must also find that
such action will be in keeping with the spirit and intent of this article.
22
Sec. 0-107 Violations.
Any person, ftrm or corporation failing to follow this article shall be guilty
of a misdemeanor and shall be subject to prosecution.
secs. 9-1o8 - 9-129. Reserved.
Section 2. This ordinance shall take effect after its passage.
Seconded by C o u n c I I m · m b · r
Ayes - all
R o s s b a c h
Passed by the City Council of the
City of Maplewood, Minnesota,
on the 13th day of April, 1992
Ayes- 5
Nays - 0
Mayor
ATTEST:
City Clerk
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