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Ordinance 340CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 340 AN ORDINANCE AMENDING CHAPTER 7 OF THE CHANHASSEN CITY CODE CONCERNING PROPERTY MAINTENANCE THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: SECTION 1. Chapter 7 of the Chanhassen City Code is amended by adding Article IV to provide: ARTICLE IV, PROPERTY MAINTENANCE Sec.7-50. General (a) Title. These regulations shall be known as the Property Maintenance Code of the City of Chanhassen, hereinafter referred to as "this code." (b) Scope. The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. (c) Intent. This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. (d) Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. Sec. 7-51, Applicability (a) General. The provisions of this code shall apply to all matters affecting or relating to structures and premises, as set for in Section 7-50. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern. (b) Maintenance. Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and premises. (c) Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Minnesota State Building Code. (d) Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and unsanitary. (e) Workmanship. Repairs, maintenance work, alterations, or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's installation instructions. (f) Historic buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated by the state or local jurisdiction as historic buildings when such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare. (g) Referenced codes and standards. The codes and standards are referenced in this code shall be those that are listed in the Minnesota State Building and Fire Codes and considered part of the requirements of this code to the prescribed extent of each such reference. (h) Requirements not covered by code. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the code official. Sec. 7-52. Department of Property Maintenance Inspection. (a) General. The department of property maintenance inspection is hereby created and the executive official in charge thereof shall be known as the code official. (b) Appointment. The code official shall be appointed by the City Manager. (c) Restriction of employees. An official or employee connected with the • enforcement of this Code, shall not be engaged in, or directly or indirectly connected 2 with, the furnishing or labor, materials or appliances for the construction, alteration or • maintenance of a building, or the preparation of construction documents thereof, unless that person is the owner of the building; nor shall such officer or employee engage in any work that conflicts with official duties or with the interests of the department. (d) Liability. The code official, officer or employee charged with the enforcement of this code, while acting for the jurisdiction, shall not hereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the department of property maintenance inspection, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith. Sec. 7-53. Duties and Powers of the Code Official. (a) General. The code official shall enforce the provisions of this code. (b) Right of entry. The code official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the code official is authorized to pursue recourse as provided by law. (c) Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. (d) Notices and orders. The code official shall issue all necessary notices or orders to ensure compliance with this code. (e) Department records. The code official shall keep official records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records as long as the building or structure to which such records relate remains in existence, unless otherwise provided for by other regulations. Sec.7-54. Approval. (a) Modifications. Whenever there are practical difficulties involved in carrying • out the provisions of this code, the code official shall have the authority to grant modifications for individual cases, provided the code official shall first find that special 3 individual reason makes the strict letter of this code impractical and the modification is isin compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files. (b) Alternative materials, methods and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. (c) Required testing. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction. (d) Test methods. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall approve the testing procedures. • Sec.7-55. Violations. • (a) Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code. (b) Notice of violation. The code official shall serve a notice of violation or order in accordance with Section 7-56. (c) Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 7-56 shall be deemed guilty of a misdemeanor, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. (d) Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 9 (e) Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises. Sec. 7-56. Notices and Orders. (a) Notice to owner or to person or persons responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible therefore in the manner prescribed in Sections 7-56 b. and c. (b) Form. Such notice prescribed in Section 7-56 a. shall be in accordance with all of the following: (1) Be in writing. (2) Include a description of the real estate sufficient for identification. (3) Include a statement of the violation or violations and why the notice is being issued. (4) Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code. (5) Inform the property owner of the right to appeal. (c) Method of service. Such notice shall be deemed to be properly served if a copy thereof is: (1) Delivered personally; (2) Sent by certified or first-class mail addressed to the last known address; or (3) If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. d. Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. 5 Sec. 7-57. Hazardous and Substandard Buildings and Vacant Buildings. (a) Hazardous and substandard buildings. Hazardous and substandard buildings shall be abated in accordance with Minnesota State Statutes 463.15 et. seg. (b) Securing vacant buildings. Vacant buildings may be secured in accordance with Minnesota State Statutes 463.251. Sec. 7-58. Emergency Measures. (a) Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. (b) Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. (c) Closing streets. When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized. (d) Emergency repairs. For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible. (e) Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the city. The city attorney shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs. In addition, to the extent authorized by statute, the city may provide for the collection of the costs as a special assessment against the property benefited • pursuant to Minnesota State Statutes 429.101, subd. 1. Er Sec. 7-59. General definitions. (a) Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter. (b) Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular. (c) Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Fire Code, Minnesota State Plumbing Code, International Mechanical Code, National Electrical Code, such terms shall have the meanings ascribed to them as in those codes. (d) Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. (e) Parts. Whenever the words "dwelling unit," "dwelling," "premises," "building," "rooming house," "rooming unit" or "story" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof." 9 Sec.7-60. Definitions. The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearing indicates a different meaning. Approved. Approved by the code official. Basement. That portion of a building which is partly or completely below grade. Bathroom. A room containing plumbing fixtures including a bathtub or shower. Bedroom. Any room or space used or intended to be used for sleeping purposes, but not a kitchen, bathroom or other non-habitatal space. Code Official The official who is charged with the administration and enforcement of this code, or any duly authorized representative. Condemn. To adjudge unfit for occupancy. Dwelling unit. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. 7 0 Exterior property. The open space on the premises and on adjoining property under the control of owners or operators of such premises. Extermination. The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods. Family. Family means one (1) or more persons occupying a premises and living as a single relatively permanent housekeeping unit, as distinguished from a group occupying a boarding house or a hotel. Garbage. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food. Habitable Space. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces. Imminent danger. A condition which could cause serious or life -threatening injury or death at any time. • Infestation. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests. • Kitchen. A room or an area equipped for preparing and cooking food. Labeled. Devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above -labeled items and by whose label the manufacturer attests to compliance with applicable nationally recognized standards. Legionnaire's Disease. The excess fluids from cooling towers are a known cause of Legionnaire's Disease. The cooling tower fluids shall be monitored and treated so as to prevent any health disease. Let for Occupancy or Let. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land. 0 Occupancy. The purpose for which a building or portion thereof is utilized or occupied. Occupant. Any individual living or sleeping in a building, or having possession of a space within a building. Openable Area. That part of a window, skylight 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 structure or premises which is let or offered for occupancy. Owner. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. Person. An individual, corporation, partnership or any other group acting as a unit. Premises. A lot, plot or parcel of land including any structures thereon. Rodent. Any animals or insects commonly seeking to make their home within the interior of a permanent structure, including birds, bats, bees, wasps, moths, squirrels, mice and rats. Rooming House. A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one or two-family dwelling. Rooming Unit. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. Rubbish. Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials. Structure. That which is built or constructed or a portion thereof. Tenant. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit. 9 Toilet Room. A room containing a water closet or urinal but not a bathtub or . shower. Ventilation. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space. Workmanlike. Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work. Yard. An open space on the same lot with a structure. Sec. 7-61. General Requirements. (a) Scope. The provisions of Section 7-61 through Sec. 7-66 shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. (b) Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements except as otherwise provided for in this code. A person shall not occupy as owner -occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter (exceptions -rubbish and exterminations). Occupants of a dwelling unit are responsible for keeping in a clean, sanitary and safe • condition that part of the dwelling unit or premises which they occupy and control. C7 (c) Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. Sec. 7-62. Exterior Property Areas. (a) Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. (b) Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Exception: Approved retention areas and reservoirs. (c) Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. 10 (d) Weeds. All premises and exterior property shall be maintained free from • weeds or plant growth in excess of 8 inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. (e) Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation. (f) Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant. (g) Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair, and the garage shall be the same color as the principal structure. (h) Gates. Gates which are required to be self -closing and self -latching in accordance with the Building Code shall be maintained such that the gate will positively close and latch when released from a still position of 6 inches from the gatepost. • (i) Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition, and in good repair. • 0) Motor vehicles. Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. (k) Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. 11 Sec. 7-63. Exterior Structure (a) General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. (b) Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. (c) Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals. Numbers shall be a minimum 5 inches high for single family homes and 12 inches high for all other buildings. (d) Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live • loads. (e) Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. (f) Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. (g) Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains; gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. (h) Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. (i) Overhang extensions. All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes, and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from 12 the elements and against decay or rust by periodic application of weather -coating materials, such as paint or similar surface treatment. Q) Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. (k) Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment. (1) Handrails and guards. Every handrail and guard shall be firmly fastened an capable of supporting normally imposed loads and shall be maintained in good condition. (m) Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. (1) Glazing. All glazing materials shall be maintained free from cracks and holes. • (2) Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. (n) Insect screens. During the period from 6/1 to 9/1, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch and every swinging door shall have a self closing device in good working condition. Exception: Screen doors shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. (o) Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guestrooms shall tightly secure the door. (p) Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water. (q) Guards for basement windows. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection • against the entry of rodents. 13 Sec. 7-64. Interior Structure. (a) General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. (b) Structural members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. (c) Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking, or abraded paint shall be repaired, removed, or covered. Cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected. (d) Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. (e) Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. (f) Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. Sec. 7-65. Rubbish and Garbage. (a) Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. (b) Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers. (1) Rubbish storage facilities. The owner of every occupied premises shall supply approved covered containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish. (c) Disposal of Garbage. Every occupant of a structure shall dispose of garage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers. 14 (d) Screening. If required in the zoning district where the property is located, all exterior garbage and recycling containers shall be screened by opaque screening. (e) Curbside collection. Appliance, furniture and similar items shall be left outside for collection and disposal for more than 72 hours before they are collected. Sec.7-66. Extermination. (a) Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation. (b) Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure. (c) Single occupant. The occupant of a one -family dwelling or of a single -tenant nonresidential structure shall be responsible for extermination on the premises. (d) Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for extermination. (e) Occupant. The occupant of any structure shall be responsible for the continued rodent and pest -free condition of the structure. Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for extermination. Sec. 7-67. Light, Ventilation and Occupancy Limitations. (a) Scope. The provisions of Section 7-67 through Section 7-70 shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure. (b) Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner -occupant, or permit another person to occupy, any premises that do not comply with the requirements of this chapter. (c) Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the Building • Code shall be permitted. 15 Sec.7-68. Light. • (a) Habitable spaces. Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than 3 feet from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room. Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet. The exterior glazing area shall be based on the total floor area being served. (b) Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one and two family dwellings, shall be lighted at all times with at least a 60watt standard incandescent light bulb for each 200 square feet of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than 30 feet. In other than residential occupancies, means of egress, including exterior means of egress stairways shall be illuminated at all times the building space . served by the means of egress is occupied with a minimum of 1 foot candle at floors, landings and treads. (c) Other spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures. Sec.7-69. Ventilation. (a) Habitable spaces. Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least 45 percent of the minimum glazed area required in Section 7-68. Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet. The ventilation openings to the outdoors shall be based on a total floor area being ventilated. (b) Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by Section 7-69, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated. 16 • (c) Cooking facilities. Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in a rooming unit or dormitory unit. Exception: Where specifically approved in writing by the code official. (d) Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space. (e) Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance with the manufacturer's instructions. - Sec. 7-70. Occupancy Limitations. (a) Maximum density, minimum space, use and location requirements. No person shall occupy nor permit or let to be occupied any dwelling or dwelling unit for the purpose of living therein, which does not comply with the following requirements. • (b) Permissible occupancy of dwelling unit. With the exception of owners occupying a respective dwelling unit prior to January 1, 2003, and a "family" as defined in Section 7-60 of the Code, the maximum permissible occupancy of any dwelling unit shall be determined as follows: • (1) For the first occupant 150 sq. ft. of habitable room floor space. (2) In no event shall the total number of occupants exceed 2 times the number of habitable room less kitchen, in the dwelling unit. Sec. 7-71. Plumbing Facilities and Fixture Requirements. (a) Scope. The provisions of Section 7-71 through Section 7-77 shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided. (b) Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner -occupant or permit another person to occupy any structure or premises which does not comply with the requirements of Section 7-71 through 7-77. 17 Sec. 7-72. Required Facilities. (a) Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory. (b) Rooming Houses. At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units. (c) Hotels. Where private water closets, lavatories, and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each ten occupants. (d) Employees' facilities. A minimum of one water closet, one lavatory and one drinking facility shall be available to employees. (1) Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler, or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms. • Sec. 7-73. Toilet Rooms. (a) Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling. (b) Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway. Sec. 7-74. Plumbing Systems and Fixtures. (a) General. All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition. (b) Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning. (c) Plumbing system hazards. Where it is found that a plumbing system in a • structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, backsiphonage, improper installation, iE:3 deterioration or damage or for similar reasons, the code official shall require the defects ito be corrected to eliminate the hazard. Sec. 7-75. Water System. (a) General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the Plumbing Code. (b) Contamination. The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood -level rim of the fixture as required by the Minnesota State Plumbing Code. Shampoo basin faucets, janitor sink faucets, and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric -type vacuum breaker or an approved permanently attached hose connection vacuum breaker. (c) Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks. • (d) Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 120OF (490C). A gas -burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure -relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. Sec. 7-76. Sanitary Drainage System. (a) General. All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system. (b) Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects. Sec. 7-77. Storm Drainage. (a) General. Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public • nuisance. 19 Sec. 7-78. Mechanical and Electrical Requirements. • (a) Scope. The provisions of Section 7-78 through Section 7-84 shall govern the minimum mechanical and electrical facilities and equipment to be provided. E (b) Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner -occupant or permit another person to occupy any premises which does not comply with the requirements of this section. Sec. 7-79. Heating Facilities. (a) Facilities required. Heating facilities shall be provided in structures as required by this section. (b) Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 680F in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature required for the locality by the Minnesota State Building Code. (c) Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 1 to May 1 to maintain a temperature of not less than 680F in all habitable rooms, bathrooms, and toilet rooms. (d) Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from October 1 to May 1 to maintain a temperature of not less than 680F during the period the spaces are occupied. Exceptions: (1) Processing, storage and operation areas that require cooling or special temperature conditions. (2) Areas in which persons are primarily engaged in vigorous physical activities. (e) Room temperature measurement. The required room temperatures shall be measured 3 feet above the floor near the center of the room and 2 feet inward from the center of each exterior wall. Sec. 7-80. Mechanical equipment. (a) Mechanical appliances. All mechanical appliances, fireplaces, solid fuel -burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. 20 (b) Cooking and heating equipment. All cooking and heating equipment, • components and accessories in every heating, cooking and water heating device shall be maintained free from leaks and obstructions. (1) Cooking equipment. Cooking appliances shall not be used to provide space heating to meet the minimum requirements in Section 7-79. (2) Fireplaces. Fireplaces shall not be used to provide space heating to meet the minimum requirements in Section 7-79. (3) Cooking equipment not permitted in garage. (4) Cooking equipment including kitchen range or stove shall not be installed and maintained in a garage. (c) Removal of combustion products. All fuel -burning equipment and appliances shall be connected to an approved chimney or vent. Exception: Cooking appliances listed and labeled for unvented operation. (d) Clearances. All required clearances to combustible materials shall be maintained. (e) Safety controls. All safety controls for fuel -burning equipment shall be maintained in effective operation. (f) Combustion air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel -burning equipment shall be provided for the fuel -burning equipment. (g) Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel -burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping there from, shall not be installed unless labeled for such purpose in compliance with manufacturers listing and the installation is specifically approved. Sec. 7-81. Electrical Facilities. (a) Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section 7-82. (b) Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with NFPA 70. Every dwelling shall be served by main service that is not less than 60 amps, three wires, 120/240-volt ac nominal. (c) Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or • installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. 21 • Sec. 7-82. Electrical Equipment. (a) Installation. All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner. (b) Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded -type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. (c) Lighting fixtures. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain at least one electric lighting fixture. Sec. 7-83. Elevators, Escalators and Dumbwaiters. (a) General. Elevators, dumbwaiters and escalators shall be maintained to sustain safely all imposed loads, to operate properly, and to be free from physical and fire hazards. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter; or the certificate shall be available for public inspection in the office of the building operator. (b) Elevators. In buildings equipped with passenger elevators, at least one elevator shall be maintained in operation at all times when the building is occupied. Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing. Sec. 7-84. Duct Systems. Duct systems shall be maintained free of obstructions and shall be capable of performing the required function. Sec. 7-85. Fire Safety Requirements. (a) Scope. The provisions of Section 7-85 through Section 7-89 shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises; including fire safety facilities and equipment to be provided. (b) Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupy as owner -occupant or permit another person to occupy any premises that do not comply with the requirements of this section. 22 Sec. 7-86. Means of Egress. • (a) General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. (b) Exit Capacity. The capacity of the exits serving a floor shall be sufficient for the occupant load thereof as determined by the Building Code. (c) Number of Exits. All buildings shall be provided with exits as required by the Building Code. (d) Arrangement. Exits from dwelling units, rooming units, guestrooms and dormitory units shall not lead through other such units, or through toilet rooms or bathrooms. (e) Exit Signs. All means of egress shall be indicated with approved "Exit" signs where required by the building code. All "Exit" signs shall be maintained visible and all illuminated "Exit" signs shall be illuminated at all times that building is occupied. (f) Corridors shall be maintained in accordance with the Building Code. (g) Aisles. Aisles shall be maintained in accordance with the Fire Code. • (h) Stairways, Handrails and Guards. Every exterior and interior flight of means of egress stairs serving any building or portion thereof and having more than one riser shall have handrails as required by the Building Code. Every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches above the floor or grade below shall have guards as required by the Building Code. (i) Stairway Identification. A sign shall be provided at each floor landing in all interior stairways more than three stories above grade, designating the floor level above the floor of discharge. All elevator lobby call stations on all floor levels shall be identified by approved signs in accordance with the requirements for new buildings in the Building Code. Exception. The emergency sign shall not be required for elevators that are part of an accessible means of egress complying with the Building Code. 0) Locked Doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except as provided for in the Building Code. (k) Emergency Escape. Every sleeping room located below the fourth story in residential and group home occupancies shall have at least one openable window or • exterior door approved for emergency egress or rescue in accordance with the Building Code. 23 0 Sec. 7-87. Accumulations and Storage. (a) Accumulations. Rubbish, garbage or other materials shall not be stored or allowed to accumulate in stairways, passageways, doors, windows, fire escapes or other means of egress. (b) Hazardous Material. Combustible, flammable, explosive or other hazardous materials, such as paints, volatile oils and cleaning fluids, or combustible rubbish, such as wastepaper, boxes and rags, shall not be accumulated or stored unless such storage complies with the applicable requirements of the building code and the fire prevention code. Sec. 7-88. Fire Resistance Ratings. (a) General. The fire resistance rating of floors, walls, ceilings, and other elements and components required by the building code shall be maintained. (b) Maintenance. All required fire doors and smoke barriers shall be maintained in good working order, including all hardware necessary for the proper operation thereof. Fire doors shall not be held open by doorstops, wedges and other unapproved hold -open devices. • Sec. 7-89. Fire Protection Systems. (a) General. All systems, devices, and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the fire prevention code. (b) Fire Suppression System. Fire suppression systems shall be maintained in proper operating condition at all times. (c) Standpipe Systems. Standpipe systems shall be maintained in proper operating condition at all times. Hose connections shall be unobstructed. (d) Fire Extinguishers. All portable fire extinguishers shall be visible, provided with ready access thereto, and maintained in an efficient and safe operating condition. Extinguishers shall be of an approved type. (e) Smoke Detectors. Existing Group R occupancies not already provided with single -station smoke alarms shall be provided with approved single -station smoke alarms. 1. Installation: Approved single -station smoke alarms shall be installed in existing dwelling units, congregate residences, and hotel and lodging house guestrooms. Installation shall be in accordance with the Building Code and Fire Code. • 2. Power Source: In Group R occupancies, single -station smoke alarms shall be battery operated or shall receive their primary power from the building wiring provided that such wiring is served from a commercial source. When power is provided by the building wiring, the wiring shall be permanent and without a disconnecting switch other than those required for overcurrent protection. (f) Fire Alarm Systems. Fire alarm systems shall be in proper operating condition at all times. SECTION 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 14th day of October 2002, by the City Council of the City of Chanhassen, Minnesota. ATT T: I �A T dd Gerhardt, City Manager Linda C. Jansen, May • (Summary Ordinance Published in the Chanhassen Villager on October 31, 2002). Is 25 Affidavit of Publication Southwest Suburban Publishing State of Minnesota) )SS. County of Carver ) Stan Rolfsrud, being duly sworn, on oath says that he is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Villager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as CITY OF CHANHASSEN CARVER AND HENNEPIN amended. �/;�2� (B) The notice that is attached to this Affidavit identified V� COUNTIES, MINNESOTA SUMMARY OF ORDINANCE printed public and as No. was published on the date or dates and in the newspaper stated in the attached Notice and said This ordinance amends City Code Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both Chapter 7 to regulate Property Maintenance and Chapter 10 concerning inclusive, and is hereby acknowledged as being the kind and size of type used in the composition licensing of Rental Properties within the and publication of the Notice: City of Chanhassen. A printed copy of the ordinance is abcdefghijklmnopgrstuv x available for inspection by my person during regular office hours at the office of By. the City Manager/Clerk. PASSED, ADOPTED, AND Stan Rolfsrud, Gene Manager APPROVED FOR PUBLICATION this or his designated agent 14' day of October, 2002, by the City Council of the City of Chanhassen, Subscribed and sworn before me on Minnesota. CITY OF CHANHASSEN�� Todd Gerhardt, City r Manager��'� this day of&11-0,'eJAe-C,-2002 ivy. i" AOUE7 (Published in the Chanhassen Villager on Thursday, November 7, 2002, No. 4830) ,r-`p,'FN *' x: t.dp , �Y r'Utii_14: h.iM dhlSUi 1 • ..' 1 , Notary Public ✓� RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $20.00 per column inch Maximum rate allowed by law for the above matter ................................ $20.00 per column inch Rate actually charged for the above matter ................................................ $10.23 per column inch