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C Rental Licensing7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Ph~3r~-~: 952.227. i i60 F~,;,:: 952.227.i 170 Finance Phona: 952.227.i140 952.227.11i0 Park & Recreation Phon~: 952.227.!120 Fa:,:: 952.227.iti0 ~.. ~,.~ ~ ':: . Phoae: 952.227.1400 952227. i404 Planning & Natural Resources Phons: 952.227.1130 r~. 952.227.1ii0 Public Works 1591 Park Road Phone:952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1 i25 Fax: 952.227.1110 Web Site w~v~','.ci.chanhassen.mn.us TO: FROM: DATE: Todd Gerhardt, City Manager SUB J: Kate Aanenson, AICP, Community Development Director September 4, 2002 t'"' Property Maintenance - Rental Licensing Background At the last City Council meeting where this item was discussed, staff was directed to continue to work on the details of the position as well as provide information to the residents and those affected by the proposed ordinance amendments. Analysis Following is a list of items that have been completed to date since the last discussion with the city council: · Attached is an update on the work of the property maintenance rental-licensing program. · Attached in the draft of a job description. Included in the proposed 2003 budget for the inspections division. The proposed salary of $38,000 benefits of $6,000 and administrative costs of $6,000. The proposed revenues from the rental licensing based on 800 rental units at $50.00 unit would be annual revenue of $40,000. · The assumption rental/licensing program would be that 90 percent of the new position would be related to the rental licensing and the remaining 10 percent will be for citywide property maintenance. The staff will be monitoring the percentages dedicated to the two programs. · Articles about the proposed ordinance have appeared in the Chanhassen Villager and the city newsletter (see attachments). The rental committee has not met again and the only other comments or concerns have been expressed at the Council meeting by Mr. Donald Smith. Action In order for the rental licensing and property maintenance to go forward, the council has to: · Approve the proposed code amendments to Chapter 7 and 10. · Pass a resolution adopting the rental licensing fees. These items would need to be scheduled on a regular city council agenda. The City o! Chanhassen · A OrOl',ri~qO corn.re, unit,,., with clean lakes, quality* schools, a cha,.,mn, ino ........... downtown, thrivino busEnesses, windino trails, and h,, i?,~ ,.,~¢..,-[~, ....... "' o~at place ~o i;,,'" ...... work. a,d play. _ POSITION: DEPARTMENT: JOB DESCRIPTION CITY OF CHANHASSEN Rental Licensing/Property Maintenance Inspector CLASSIFICATION:Non-Exempt Community Development DATE: September 2002 RELATIONSHIPS Reports to: Building Official OBJECTIVE AND SCOPE Coordinates and maintains the City's rental licensing program and conducts inspections of private properties for code compliance. SPECIFIC RESPONSIBILITIES 1. Administers the City's rental unit licensing program. a. Conducts on-site inspections of all rental units within the City on a regular, defined schedule to ensure compliance with licensing requirements as well as state building and housing codes. b. Maintains an up-to-date inventory of rental units within the City. c. Notifies property owners of violations and conducts re-inspections to determine if corrective action has been taken. d. Issues violation orders and tickets if con'ective action has not been taken and assists City Attorney if legal action is needed. e. Manages the collection of rental license fees and ensures that proper documentation is maintained by the City and provided to the property owner. 2. Performs inspections of private property to enforce maintenance codes and other ordinances. a. Investigates complaints filed with the City involving matters of public health, sanitation, or substandard buildings in a timely manner, and takes appropriate action to secure correction of problems. b. Is proactive in investigating potential violations that have not been reported but are possible sources of problems. c. Other inspections as directed. , Meets with owners, tenants, contractors, developers, and businesses to review and explain code requirements and potential violations; conducts educational processes to info,Tn residents of program requirements. , o Maintains documentation related to inspection and enforcement activities; prepares recommendations for amendments and additions to related codes or ordinances, drafts new ordinances to address property maintenance issues. Works with Fire Marshal, Crime Prevention Specialist, Building Official, Sheriff's Department, Planning Division, Community Service Officer, and other officials as needed to maintain and effectively operate inspection programs. 6. Other duties as assigned by supervisor. REQUIREMENTS Two years vocational school or equivalent credits in public administration, housing or construction trades, planning, code enforcement or related fields. Must possess or be able to possess a valid Minnesota driver's license. Requires physical capacity to perform inspections. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA Date Resolution Motion By Seconded By RESOLUTION ESTABLISHING RENTAL HOUSING LICENSING FEES WHEREAS, Section 10-195 of the Chanhassen City Code authorizes the establishment of rental housing licensing fees by resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chanhassen, Minnesota that the following rental housing licensing fees are established: One Family Dwelling $50.00 Two Family Dwelling Condominium Dwelling Unit $50.00 per unit Three or More Family Dwelling $50.00 per building plus $ per rental unit ADOPTED this day of the City of Chanhassen, Minnesota. ,2002, by the City Council of ATTEST: Todd Gerhardt, Clerk/Manager Linda C. Jansen, Mayor 100855.01 RNK:06/03/2002 ~: Uo I have to use maistur~.- resi:~tant (§~een-board) dr;,waiJ in my bathroom? A: The OHLY place moisture resi~ant d~all is intended to be used is as a base behind tile or wail panels for shower or tub walls. This material was developed as an economical alternative to cement board (a more durable material), and provides no advantages over conventional dr~all on other bathroom wall surfaces. If moisture resistant dr~all is to be used, however, it mu~ HOT be placed over the vapor barrier on an e~erior wall and, if used on a ceiling, must be placed on framing membem no more than 12 inches apa~. For a tile backer board, cement board is recommended. ~: is vinyl sklh~g r~qu~red a weather resistive i~stalled underneath it2 A: ~o~ mainlenaoce-free sidin] ~rod~c~ require l~al some ~pe of weal~er resi~ive b~rrier insl~lled u~der il. In some c~s~, lhe ~uilding s~eat~in] alone may provide l~is tarrier, ~ul addilio~al weal~er ~roles- lion is recommended. The new llale Building ~ode will require a weather r~i~i~e ~rrier under all e~erior finish ~roduc~ The City is moving towards the adoption of a property maintenance code. City staff has provided the City Council with a draft ordinance that adopts a property maintenance code and requires licensing of rental units. The maintenance code is modeled after the nationally recognized 2000 International Property Maintenan.ce Code. As drafted, the code would apply to all existing residential and nonresidential structures and all existing premises. The code establishes 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 sanitary maintenance. The code is intended to ensure public health, safety and welfare insofar as they are affected by the occupancy and maintenance of structures and premises. Most of the requirements in the code are currently part of the building code or required by city ordinance. A property maintenance code, however, provides for more effective enforcement of existing structures than the building code. If adopted, rental properties would have to meet the maintenance code requirements as part of the proposed rental licensing requirements. The city council will be considering the adoption of both rental licensing and property maintenance codes this fall. We will keep you posted. Call Steve Torell at 952-227-1199 for more information. Gas fireplaces and gas fireplace inserts are very popular right now. These units are safe as long as they are properly installed. The Mechanical Code requires that these units be installed per the manufacturer's specifications. The installation manual must be followed exactly to assure that the unit will vent properly and to make sure that all the combustible clearances are met. There are many different brands of fireplaces and most of them have different requirements and clearances. One fireplace may not WOrk in a particular application while another may work just fine. Do some research and find a fireplace to meet your needs. A permit must be obtained before installing the 'fireplace. Call the Building Department at 952-227-1180 for more information. You may be considering using maintenance free (plastic/composite) decking for your new or existing deck. Not all maintenance free decking products are tested and approved for use. If tested and approved, the decking product will have an evaluation report that will include information on the allowable joist spacing, number of fasteners, stair tread and guardrail applications, and other installation requirements. The decking or guardrail system would have to be installed as noted in the report. Using decking that is approved and installed properly will avoid potential problems. A list of approved and unapproved decking products is available at the Building Depaament's counter. The ChanhaSsen Villager [ Pros, cons, of rental conduct code discussed Page 1 of 2 Pros, cons, of rental conduct code discussed Wednesday~ Narch Od~ 2~2 By IVlelissa Gilman, Staff Writer Protecting tenants and the community from landlords who don't take care of problems and giving those landlords legal teeth to evict problem tenants are the goals of a new city code being created. An advisory committee composed of property owners, residents and city staff met last week to discuss the idea of a conduct code. The draft idea is that the city would issue licenses for rental units. If a unit receives three notices of problems (like loud music, yelling or drunken behavior) the city would revoke the landlord's license on that unit for a specific period of time. What makes this code significant is that property owners usually have no problem evicting tenants after they have committed a crime - an action that stands up in court. But they have a much harder time evicting a tenant for nuisance behaviors. This code would force landlords to take care of repeat problem tenants, or risk losing their unit license. Currently, landlords can allow problem tenants to remain living in a unit, even though police may have to respond to calls for service to that unit over and over again. Neither the city nor the police can evict a problem tenant. However, with a conduct on licensed premise code in place, the city could revoke the unit license, essentially evicting the problem tenant. "T envision this code to address situations where you've got a problem building with problem after problem," said Crime Prevention Specialist Beth Hoiseth. "Hopefully you have good management that will get on top of the issues. But if you don't this should help solve the problem." In general, property owners seemed to support the idea of a conduct code during the meeting last week. But they also had concerns about how it would affect their businesses, especially the impact of not being able to rent out a unit. "]:f the city's telling me 'we're going to pull your license' you've put a landlord in a [bad] situation," said _loe Videle of Stuart Management (Lake Susan Apartments). Steve Liefschultz of the Remada Company (Lakeview Hills Apartments) said if he was unable to rent out units, thereby collecting no rent, it could jeopardize his mortgage. Hoiseith agreed that the length of time a unit is out of commission should not be excessive. But the loss of revenue is the landlord's problem, she said. This is similar to a restaurant that is shut down for selling bad meat; it's going to lose money while it's out of operation. However, that doesn't mean the restaurant should be allowed to continue selling bad meat. Another point brought up by property owners was the difficulty in proving noncriminal nuisance behavior. "On a practical level the nuisance issues are difficult to act upon," Videle said. For example, in one of his company's complexes outside of Chanhassen there was a tenant who behaved The Chanhassen Villager[Pros, cons, of rental conduct code discussed - - P~ge~2 of 2 improperly. Videle wanted the person evicted. However, when they went to court a neighbor in the complex was afraid to testify against the other tenant and the company couldn't prove the tenant had behaved improperly. Liefschultz said it is easy to handle a tenant when he or she commits a serious crime, but he suggested petty crimes or nuisance behavior result in a police service fee to the property owner rather than being counted as one of the three strikes towards license revocation. Property owners also wondered what would happen if they tried to evict a tenant, but the court found they didn't have enough evidence. Would the city still revoke the license on that unit? Others worried whether good tenants would abstain from calling police for fear of retribution by landlords; and whether landlords would abstain from calling police for fear of losing the unit license. Both Hoiseth and City Attorney Roger Knutson said during the meeting that the city would take into account landlords who work diligently and quickly to resolve problems. The proposed code would make landlords responsible for tenants' and tenants' guests' behavior while on the property. Liefschultz said that although his company performs a criminal background check on potential tenants, it obviously doesn't do background checks on people who are illegally living with tenants. "For sure you can't screen people who don't live there," he said. Nearly half of his tenants are Hispanic, and many do not speak English, he said. There were many people staying at the complex who were not on lease, he said, and because of the language barrier it was even more difficult to explain why they couldn't do that. However, Lakeview Hills Apartments now employs two managers who speak Spanish, which has helped the situation, Liefschultz said. A second meeting will be scheduled once city staff have gained enough feedback to begin constructing a draft, Hoiseth said. Staff will meet with the advisory committee again to get their comments on the code. A recommendation for creating a new city code will then be presented to the Chanhassen City Council, which has final say over its approval. "Revoking a license is like the last step," Hoiseth said, "If things are that bad then I look at this as something like your worst-case scenario... We don't want property owners to be outraged ... but there has to be teeth in the ordinance." Content © 2002 Chanhassen Villager Software © 1998-2002 1up! Software, All Rights Reserved ~ne cnannassen Villager I 'l'all(s continue on rental houang code Page 1 of 3 ~ CLOS~ Talks continue on rental housing code Wednesday, June 26, 2002 By Melissa Gilman, Staff Writer Two codes currently under development by city staff have the potential to affect every property owner and resident in Chanhassen. One code would require all rental housing properties to be licensed. The intent is to make the landlord responsible for tenants' bad behavior. Tf the same tenant in the same unit misbehaves three times within 12 months, the city can revoke the license for that unit for a specific period of time. Empty apartment units don't make money, so the assumption is landlords will be extra attentive and aggressive in dealing with problem tenants. The second code requires all commercial, industrial, and residential properties to maintain a certain standard of maintenance to ensure public health, safety and welfare. Properties that don't comply with these goals must be altered or repaired to provide a minimum level of health and safety. Chanhassen city councilors discussed the proposed codes for the first time in a work session June 24, and directed staff to recommend ways to educate the public about these codes. The codes have not yet been adopted. Crime Prevention Specialist Beth Hoiseth told the council that she has already seen landlords' behavior change since working on these codes. Landlords are taking incidents that occur on their property more seriously, she said, and talking to her about resolving issues. A committee comprising rental property owners, residents, and a senior commissioner volunteered to share opinions and ideas on a Conduct on Licensed Premise code. The group met four times with Hoiseth, Sgt. Dave Potts and City Attorney Roger Knutson. Participants had significant impact on the code. At one point, the conduct code stated that after three offending incidents involving one rental unit, the entire premise would lose its license. Landlords felt that was too harsh, and city staff changed the language. Hoiseth told the council that other cities do shut down entire rental properties for "three strikes." City Manager Todd Gerhardt said the city can first try it this way. "If they want to ignore these codes you can always build up the foundation later," he said. "This is a first draft. I don't think we need to be at the top of the ladder." Licensing of rental properties requires compliance with the property maintenance code. Community Development Director Kate Aanenson worked with the city attorney to create that code. Flexible One of landlords' primary concerns centered on fear that it would be impossible, physically and financially, to bring the premises up to code. They also worried they wouldn't be given enough time to comply. The Chanhassen Villager]Talks continue o,n rentaihousing Code Page 2 of 3 "Any manager worth his salt is putting a lot of money into his property. I know I am," said landlord ]ames Martin. "I just don't want to be hit for it all at one time." Martin owns two 12-unit buildings called Carver Court Apartments. Knutson discussed that issue with the committee during a June 13 meeting. He said there is flexibility built into the code because it empowers the building inspector to use his or her common sense when deciding what needs to be improved. For example, Steven Liefschultz, owner of Lakeview Hills Apartments, said he was concerned about having to update ventilation systems and windows that were in compliance when they were built some 30 years ago, but probably would not comply with today's codes. "We would need to give him time to look at the property to see what complies, what doesn't and see what can be done about it," Knutson said. While some things may be grandfathered in, others are absolutely necessary. Knutson said a house built in 1900 might not have had a bathroom installed at the time because it wasn't common at the time. However, the city can't allow anyone to live there until a bathroom is installed. "If [the city council needs to] give you a variance we'll work with you on it," Aanenson said. The city's goal is not to get rid of apartments, she said, but to make sure they're safe. The proposed code states that a landlord whose property is not in compliance will receive a written notice of violation. Failure to rectify the violation would be a misdemeanor offense. Liefschultz said he didn't think a misdemeanor was appropriate. What if a whole hallway of lightbulbs needs to be changed, he queried. That could take awhile and shouldn't warrant a misdemeanor, he said. "Good management keeps the lights burning so people don't fall down," Martin said. "It's stinking management not to keep the lights going." Councilor Bob Ayotte asked what kind of responsibility the city has for the health and safety concerns it finds on properties. "The only time we have a liability is if we know there are health and safety problems and we don't do anything about it," Knutson said. Gerhardt said property maintenance issues would still be handled by a complaint-only basis. City staff drives out to the property and investigates only when it receives a complaint. Knutson said cities that have a housing maintenance code don't spend "oodles and oodles of time in court on these issues. Most people voluntarily clean up the mess. We probably get one or two cases a year that litigate." Public involvement Aanenson told the council the city will have to provide education for residents about property maintenance, and could do so through neighborhood associations, Chamber of Commerce meetings, Rotary Club meetings, the city newsletter, and newspapers. City staff and the council will be discussing hiring a building inspector to administer the rental licensing and property maintenance codes, and how to fund that position. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 10 OF THE CHANHASSEN CITY CODE CONCERNING LICENSING OF RENTAL HOUSING THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: SECTION 1. The Chanhassen City Code is amended by adding Article VII to read as follows: ARTICLE VII. RENTAL DWELLING LICENSES Sec. 10-190. Purpose. It is the purpose of this ordinance to protect the public health, safety and welfare of citizens of the City who have as their place of abode a living unit furnished to them for the payment of a rental charge to another by adopting licensing regulations for all rental dwellings in the city. Sec. 10-191. Definitions. For the purposes of Chapter 10, the terms defined in this section shall have the meanings given them in the subdivisions which follow: (1) Compliance Official. As used in this ordinance, the term "Compliance Official" shall mean the City Manager or his or her designee. (2) Rental Dwellin.q. As used in this ordinance the term "rental dwelling" shall mean any rental dwelling with one or more living units. "Rental dwelling" does not include hotels, motels, hospitals and homes for aged. (3) Operate. As used in this ordinance, the term "operate" means to charge a rental charge or other form of compensation for the use of a unit in a rental dwelling. 99495.07 1 RNK:r06/04/2002 Sec. 10-192. License Required. No person, firm, partnership, corporation or other legal entity shall operate a rental dwelling in the City without first having obtained a license. The license is issued each year and is valid until the date of expiration. Sec. 10-193. Application for Licenses. Applications for licenses shall be made in writing on forms provided by the City and accompanied by the fee amounts as established by the City Council. Such application shall be submitted at least sixty (60) days prior to the expiration date of the license, and shall specify the following: (a) Provisional license. Dwellings required to be licensed, which are existing and in operation prior to the effective date of this ordinance, may continue to operate with a provisional license. A provisional license will be issued upon receipt of application and payment of fees. The provisional license shall be valid until a license is issued or it is determined that license requirements have not been met and the city will not issue a license. (b) Name and address of the owner of the rental dwelling. In cases where the owner of a rental dwelling lives outside of Carver County limits, the registration shall be made by an operator who shall be legally responsible for compliance with this and other ordinances and such operator shall live in Carver County. (c) dwelling. Name and address of any operator or agent actively managing said rental (d) Name and address of all partners if the registrant is a partnership. (e) Name and address of all officers of the corporation if the registrant is a corporation. (f) Name and address of the vendee if the rental dwelling is owned or being sold on a contract for deed. (g) Legal address of the rental dwelling. (h) Number and kind of units within the rental dwelling classified as dwelling units, tenement units, or rooming units or other. (i) Name and address of on site operating manager if any. Sec.10-194. Application, Execution. The application shall be subscribed and sworn to be the applicant before an officer duly qualified to take oaths and shall be made by the owner if such owner is a natural person; if the owner is a corporation by an officer thereof; if a partnership by one of the partners; and if an unincorporated association, by the manager or managing officer thereof. 99495.07 2 RNK:r06/04/2002 Sec. 10-195. License Renewal. Notwithstanding the application signature requirements of Section 10-194, renewals of the license as required annually by this code may be made by filling out the required renewal form furnished by the City Manager to the owner, operator or agent of a rental dwelling and mailing said form together with the required registration fee to the City Manager. Sec. 10-196. License Fees. Such license fees shall be in the amount set by the Council from time to time. Sec. 10-197. Posting. Every registrant of a rental dwelling shall post the annual license issued by the City Manager. The annual license shall be conspicuously posted (in a frame with a glass covering) by the registrant, in a public corridor, hallway or lobby of the rental dwelling for which they are issued. Sec, 10-198. Maintenance Standards, Every rental dwelling shall maintain the standards in Chapter 7, Housing Maintenance Code in addition to any other requirement of the ordinance of the City or special permits issued by the City, or the laws of the State of Minnesota. Sec. 10-199. Revocation or Suspension. (a) Every license or permit issued under this ordinance is subject to the right, which is hereby expressly reserved, to suspend or revoke the same should the license holder or their agents, employees, representatives or lessees directly or indirectly operate or maintain rental dwellings contrary to the provisions of this Ar[icle or any other City Code provision, or any permit issued by the City or the laws of the State of Minnesota. (b) The license may be suspended or revoked by the City Council after a written notice is sent to the license holder specifying the ordinance or law violations with which they are charged. This notice shall also specify the date for hearing before the City Council, which shall not be less than 10 days from the date of the notice. (c) At such hearing before the City Council, the license holder or their attorneys may submit and present witnesses on their behalf. (d) After a hearing the City Council may suspend or revoke the license if they deem it necessary to protect the public health, safety or general welfare. 99495.07 3 RNK:r06/04/2002 Sec. 10-200. Summary Action. (a) When the condition of the rental dwelling of any license holder or their agent, representative, employee or lessee is detrimental to the public health, safety and general welfare as to constitute a nuisance, fire hazard or other unsafe or dangerous condition and thus give rise to an emergency, the Compliance Official shall have the authority to summarily condemn or close off such area of the rental dwelling. (b) Any person aggrieved by a decision of the Compliance Official to cease business or revoke or suspend the license or permit shall be entitled to appeal to the City Council immediately, by filing a Notice of Appeal. The Manager shall schedule a date for hearing before the City Council and notify the aggrieved person of the date. (c) The hearing shall be conducted in the same manner as if the aggrieved person had not received summary action. (d) The decision of the Compliance Official shall not be voided by the filing of such appeal. Only after the City Council has held its hearing will the decision of the Compliance Official be affected. Sec. 10-201. Applicable Laws. Licenses shall be subject to all of the ordinances of the City and the State of Minnesota relating to rental dwellings; and this ordinance shall not be construed or interpreted to supersede or limit any other such applicable ordinance or law. Sec. 10-202. Rental dwelling licenses; Conduct on licensed premises. It shall be the responsibility of the rental license holder to take appropriate action to prevent conduct by tenants or their guests on the licensed premises which is hereby deemed to be disorderly, in violation of any of the following statutes or ordinances: (a) Minnesota Statutes, Sections 609.75 through 609.76, which prohibit gambling; (b) Minnesota Statutes, Section 609.321 through 609.324, which prohibits prostitution and acts relating thereto; (c) Minnesota Statutes, Sections 152.01 through 152.025, and Section 152.027, Subdivisions 1 and 2, which prohibit the unlawful sale or possession of controlled substances; (d) Minnesota Statutes, Section 340A.401, which prohibits the unlawful sale of alcoholic beverages; (e) Chapter 13, Article I of this Code, which prohibits nuisances; 99495.07 RNK:r06/04/2002 (f) Minnesota Statutes, Sections 97B.021, 97B.045, 609.66 through 609.67 and 624.712 through 624.716, and Section 930 of this Code, which prohibit the unlawful possession, transportation, sale or use of a weapon; or (g) Minnesota Statutes, Section 609.72, which prohibits disorderly conduct, when the violation disturbs the peace and quiet of the occupants of at least one unit on the licensed premises or other premises, other than the unit occupied by the person(s) committing the violation. Sec. 10-203. Disorderly Use Violations. (a) Upon determination by the Compliance Official that a Disorderly Use Violation occurred on the licensed premises, as described in Sec. 10-202 above, the City shall notify the licensee by certified mail of the violation and direct the licensee to take appropriate action to prevent further violations. (b) If a second Disorderly Use Violation occurs on the licensed premises by the same tenant, a family member, a roommate, or a guest of the tenant occurs within twelve (12) months of an incident for which the notice in Sec. 10-202(a) above was given, the City shall notify the licensee by certified mail of the violation and shall also require the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use of the premises. This written report shall be submitted to the City within seven (7) days of receipt of the notice (excluding holidays) of disorderly use of the premises. (c) If a third Disorderly Use Violation occurs on the licensed premises by the same tenant, a family member, a roommate, or a guest of the tenant occurs within twelve (12) months after the second of any two (2) previous instances of disorderly use for which notices were sent to the licensee pursuant to this section, the rental dwelling license for the unit occupied by the involved tenant shall be suspended by the City Council. The initial suspension shall be for up to sixty (60) days. If another disorderly use violation occurs on the licensed premises by the same tenant, a family member, a roommate, or a guest of the tenant within twelve (12) months after the end of a suspension period, the City Council may suspend the rental dwelling license for the unit occupied by the involved tenant for up to one hundred twenty (120) days. In lieu of a suspension, the City Council may impose a fine equivalent to the rent for the suspension period. (d) It shall not be considered an instance of disorderly use if the tenant is evicted or voluntarily vacates the licensed premises prior to the hearing before the City Council and within two (2) full calendar months after the 99495.07 RNK:r06/04/2002 _ determination by the Compliance Official that disorderly use has occurred and notice of the determination has been sent to the licensee. Sec. 10-204. Multiple Suspensions. If the license of more than one dwelling unit in a licensed premises is suspended within twelve (12) months, the period of suspension for the second and subsequent dwelling units licensed that are suspended may be doubled for the suspension period specified in Section 10-203 above. SECTION 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this day of City Council of the City of Chanhassen, Minnesota. ,2OO2, by the ATTEST: Todd Gerhardt, Acting City Manager Linda C. Jansen, Mayor (Published in the Chanhassen Villager on ,2002). 99495.07 6 RNK:r06/04/2002 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 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. 100848.01 RNK:06/03/2002 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. 100848.01 2 RNK:06/03/2002 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 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. (a) (b) premises at Duties and Powers of the Code Official. General. The code official shall enforce the provisions of this code. Right of entry. The code official is authorized to enter the structure or 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 100848.01 3 RNK:06/03/2002 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 individual reason makes the strict letter of this code impractical and the modification is in 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 est 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 ~oo848.o~ 4 RNK:06/03/2002 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. (e) Abatement of v/o/at/on. 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: (2) (3) (4) (5) Be in writing. Include a description of the real estate sufficient for identification. Include a statement of the violation or violations and why the notice is being issued. 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. 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) (2) (3) Delivered personally; Sent by certified or first-class mail addressed to the last known address; or 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 100848.01 RNK:06/03/2002 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. 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 seq. (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 bause to be posted at each entrance to such structure a notice reading substantially 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. 100848.01 RNK:06/03/2002 6 (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. 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 "stow" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof." Sec. 7-60. Definitions. The following words, terms, and phases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: Approved means approved by the code official. Baseme~t means that portion of a building which is partly or completely below grade. Bathroom. means a room containing plumbing fixtures including a bathtub or shower. Bedroo~ means any room or space used or intended to be used for sleeping purposes, but not a kitchen, bathroom or other non-habitatal space. ~oo848.ol 7 RNK:06/03/2002 Code Official means the official who is charged with the administration and enforcement of this code, or any duly authorized representative. Condemn means to adjudge unfit for occupancy. Dwelling Unit means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Exterior Property means the open space on the premises and on adjoining property under the control of owners or operators of such premises. Extermination means 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 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 means the animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food. Habitable Space means 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. hnminent Danger means a condition which could cause serious or life-threatening injury or death at any time. Infestation means the presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests. Kitchen means a room or an area equipped for preparing and cooking food. Labeled means 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. 100848.01 8 RNK:06/03/2002 Let for Occupancy or Let means 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. Occupancy means the purpose for which a building or portion thereof is utilized or occupied. Occupant means any individual living or sleeping in a building, or having possession of a space within a building. Openable Area means that part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors. Operator means any person who has charge, care or control of a structure or premises which is let or offered for occupancy. Own. er means 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 means an individual, corporation, partnership or any other group acting as a unit. Premises means a lot, plot or parcel of land including any structures thereon. Rodent means 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 means a building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one or two-family dwelling. ROOll~rilZg Unit means 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 means 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, 100848.01 9 RNK:06/03/2002 leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials. Structure means that which is built or constructed or a portion thereof. Tenant means a person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit. Toilet Room means a room containing a water closet or urinal but not a bathtub or shower. Ventilation means the natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space. Workmanlike means executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work. Yard means 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. (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. 100848.01 10 RNK:06/03/2002 (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. (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. (j) 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. 100848.01 RNK:06/03/2002 11 (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 the surface to an approved state of maintenance and repair. 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 or alphabet letters. Numbers shall be a minimum 5 inches. (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. 100848.01 12 RNK:06/03/2002 (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 the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. (j) 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. Ail 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. (I) 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. (2) Glazing. All glazing materials shall be maintained free from cracks and holes. 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/I, 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. 100848.01 13 RNK:06/03/2002 (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. 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. 100848.01 14 RNK:06/03/2002 (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. (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. ~oo84g.o~ 15 RNK:06/03/2002 (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. 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 100848.01 RNK:06/03/2002 16 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, (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, m/n/mum 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 the effective date of this Ordinance 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) (2) For the first occupant 150 sq. ft. of habitable room floor space. 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. 100848.01 17 RNK:06/03/2002 (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. Sec. 7-72. Required Facilities. (a) Dwelling units. Every dwelling unit shali 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) Drinkil~g 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. 100848.01 18 RNK:06/03/2002 (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, deterioration or damage or for similar reasons, the code official shall require the defects to 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 fac/I/ties. 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 120°F (49°C). 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. 100848.01 19 RNK:06/03/2002 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. · 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. (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 68°F 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 68°F 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 68°F 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. ~oo848.o~ 20 RNK:06/03/2002 (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. (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) (2) (3) (4) Cooking appliances shall not be used to provide space heating to meet the minimum requirements in Section 7-79. Fireplaces shall not be used to provide space heating to meet the minimum requirements in Section 7-79. Cooking equipment not permitted in garage. Cooking equipment including kitchen range or stove shall not be installed and maintained in a garage. (c) Removal of combustion products. All fuel-burning appliances shall be connected to an approved chimney or vent. equipment and 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. (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. 100848.01 21 RNK:06/03/2002 Every dwelling shall be served by main service that is not less than 60 amps, three wires, 120/140-volt ac nominal. (c) Electrical system hazards. Where it is found that the electrical'system in a str'ucture 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. Sect. 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. 100848.01 22 RNK:06/03/2002 (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. 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) Corridor Enclosure. All corridors serving an occupant load greater than 30 and the openings therein shall provide an effective barrier to resist the movement of smoke. All transoms, louvers, doors and other openings shall be closed or shall be self-closing. Exceptions. 1. Corridors in occupancies, other than high-hazard occupancies, which are equipped throughout with an automatic sprinkler system. 2. Patient room doors in corridors in health care occupancies where smoke barriers are provided in accordance with the fire prevention code, are not required to be self-closing. 3. Corridors in educational occupancies where each room that is occupied for instruction or assembly purposes has at least one-half of the required means of egress doors opening directly to the exterior of the building at ground level. 4. Corridors that are in compliance with the building code. (g) Dead-End Travel D/stance. All corridors that serve more than one exit shall provide direct connection to such exits. The length of a dead-end corridor shall not exceed 20 feet. 100848.01 23 f RNK:06/03/2002 Exception. Dead ends that are in compliance with the building code. (h) Aisles. Arrangements of chairs or tables and chairs shall provide for ready access by aisle accessways and aisles to each egress door. The minimum clear width of each aisle in assembly, educational and health care occupancies shall be maintained in accordance with the requirements of the building code. In all other occupancies, aisles shall have a minimum required clear width of 44 inches where serving an occupant Icad greater than 50, and 36 inches where serving an occupant Icad of 50 or less. The clear width of aisles shall not be obstructed by chairs, tables or other objects. (i) 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 a handrail on at least one side of the stair. 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. Handrails shall not be less than 34 inches nor more than 38 inches high, measured vertically above the nosing of the tread or above the finished floor of the landing or walking surface. Guards shall not be less than 42 inches high above the floor of the landing, balcony, porch, deck, ramp or other walking surface. Exception. Guards are not required at any location where guards are exempted by the building code. (j) 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. (k) 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. (1) Locks Permitted. Locks or fasteners shall not be installed on egress doors except in accordance with the following conditions' a. In mental, penal or other institutions where the security of inmates is necessary, in which case properly trained supervisory personnel shall be continuously on duty and approved provisions are made to remove occupants safely in case of fire or other emergency. 100848.01 RNK:06/03/2002 24 b, In problem security areas, special-purpose door alarms or locking devices shall be approved prior to installation. Manually operated edge or surface-molded flush bolts are prohibited. C! Where the door hardware conforms to that permitted by the building code. (m) Emergency Escape. Every sleeping room located below the fourth stow in residential and group home occupancies shall have at least one openable window or exterior door approved for emergency egress or rescue. 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. in proper operating condition at all times. Fire suppression systems shall be maintained (c) Standpipe Systems. Standpipe systems shall be maintained in proper operating condition at all times. Hose connections shall be unobstructed. 100848.01 25 RNK:06/03/2002 (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.~ A minimum of one approved single-station or multiple-station smoke detector Shall be installed in each guestroom, suite or sleeping area in residential and group home occupancies, and in dwelling units in the immediate vicinity of the bedrooms in occupancies in one- and two-family dwellings and multifamily dwellings. In all residential occupancies, smoke detectors shall be reqUired on every stow of the dwelling unit, including basements. In dwelling units with split levels and without an intervening door between the adjacent levels, a smoke detector installed on the upper level shall suffice for the adjacent lower level, provided that the lower level is less than one full stow below the upper level. (1) (2) (3) Installation: All detectors shall be installed in accordance with the building code and the manufacturer's instructions. When actuated, the smoke detectors shall provide an alarm suitable to warn the occupants within the individual room or dwelling unit. Power Source: The power source for smoke detectors shall be either an AC primary power source or a monitorized battery primary power source. Tampering: Anyone tampering or interfering with the effectiveness of a smoke detector shall be in violation of this code. (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 day of by the City Council of the City of Chanhassen, Minnesota. ., 2O02, ATTEST: Todd Gerhardt, City Manager Linda C. Jansen, Mayor (Published in the Chanhassen Villager on ., 2002). 100848.0! RNK:06/03/2002 26