B Rental Housing Licensing7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227. II10
Building Inspections
?nc, ne: 952.227.1180
Fax: 952.227.1 !90
Engineering
:,,~: :~2.,'2, 1i60
Fz:,:: 952.227~i 170
Finance
952_.227 ii 10
Park & Recreation
Pny'~: 552227. i i29
Fa'.,::
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2310 C:,u~er &,ulevard
F?': a~p P~7 i '-"
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Planning &
Nalural Resources
Ph~n~: 952.227 !130
Fa.,.: 9522271i!0
Public Works
1591 Park Road
Pro,ne: 952.227.1300
Fax: 952.227.1310
Senior Center
?hone: 952.22D 125
r-~
r~x: 952.227.11i0
Web Sile
,',',',",','.ti.cra n hassen..,mn, us
MEMORANDUM
TO:
FROM:
DATE:
SUB J:
Todd Gerhardt, City Manager
Kate Aanenson, AICP, Community Development Director
June 19, 2002
Licensing of Rental Housing
Property Maintenance
Proposed Action
Review the draft for Property Maintenance, Rental Licensing and Licensing Fee.
Staff is looking for direction for the implementation of the ordinance.
Background
Last September staff brought forward to the council an issue paper regarding
maintenance of property and rental licensing. The two issues were developed
independently but have come together in the fact that a condition of the rental
licensing is that the property be maintained. The ordinances are based on models
from other communities and for the property maintenance code the "International
Property Maintenance Code" use by building officials throughout the United
States.
Rental Licensing and Conduct on Premise
Members of the rental housing community and Chanhassen residents made up the
advisory committee that reviewed and provided input on the conduct on premise
portion of the ordinance. Participating staff was Crime Prevention Specialist Beth
Hoiseth, Sgt. Dave Potts and the City Attorney. Staff and committee members
met to resolve concerns with the proposed ordinance. The committee addressed
several concerns to staff. The main concern, under Sec. 10-203, was license
suspension or revocation for the entire premise based on nuisance and disorderly
conduct violations. The second ordinance draft was modified to read that the
license would be suspended or revoked for the apartment unit where the violations
occurred, and/or the unit of the tenant responsible for the violations. The other
concern that generated significant discussion was under Sec. 10-99(a). This
section was amended to limit suspension or revocation to just property
maintenance and not any other city code or laws of the State of Minnesota.
The City of Chanhassen · .4 o_.,'o;:,ing community with clean lakes, qua!ity schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A gear place to live, work. and play.
Todd Gerhardt, City Manager
June 19, 2002
Page 2
Property Maintenance
The licensing of rental properties requires compliance with the property maintenance code. The
property maintenance code requires all property to be maintained not just residential property.
The code was developed using the "International Property Maintenance Code 2000" and making
modifications where appropriate to the City of Chanhassen. The ordinance covers exterior and
interior maintenance. One of the concerns of the review committee was the ability to meet some
of the maintenance standards specifically, ventilation. The code has a modification section that
states "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,
provide 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 that such modifications does not lessen the health, life and fire safety requirements. The
details of actions granting modifications shall be recorded and entered in the department files.
The compliance with older buildings was the concern with the committee. Staff believes that
this section provides a means of relief from the standards that any property would not be able to
meet.
Rental Licensing Fee
The proposed fee for licensing a rental unit is $50.00. The fee charged needs to commiserate
with the administration of the ordinance. Staff is recommending that a building
inspector/property maintenance person be hire to assist in the administration of the ordinances.
The revenue anticipated based on 1000 rental units in 2002 would be $50,000.
Issues
In order to get this program up and running there are significant start up issues. These issues
include educating the city's constitutes regarding licensing and maintenance, the time to
complete the initial inspection of all rental property and hire an inspector to administer the
program. Staff is anticipating a start up or implementation date later this fall or the first of the
year.
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
Date
Motion By
Resolution
Seconded By
RESOLUTION ESTABLISHING
RENTAL HOUSING LICENSING FEES
WHEREAS, Section 10-195 of the Chanhassen
establishment of rental housing licensing fees by resolution.
City Code authorizes the
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
Two Family Dwelling
Condominium Dwelling Unit
Three or More Family Dwelling
$50.00
,
$50.00 per unit
$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
TO:
FROM:
DATE:
RE:
....... 4UU~
Officer Beth.Hoiseth ...... -" ' ~-" '-"
Sgt. David P°ttS, carver CoUnW,:Shehff!s..office
c/o City of ch'anhassen'. 'i !' '.-, .7...':.':i,.,;':-.- ' . ..viaFax: 952-227-I 190
Joe Videle and'Steve'Liefschultz:: i':~':''':'''''-'''':':''';" "';""'"':. ' ' '
: i ..'-. ,. -'...'...i;.: ""/.~:.': "' '
- .
March 27, 2002' . .'-.. ,-.,.":.-'i;':: -, ~'.';'. ,.''.."
·
Draft Ordinance ' -
..
Dear Beth and Dave: ' ":"'"' '" -"
We have done a preliminary reView of'the draft'0rdiiiance.- ':'Wh/Ie there are nmnerous
issues, we feel the following ~"of most'c~on'~"i'i'i'~:!:::"i:.!"'i:.7~".i.i"i:.''I.::':'' . ' '
i. As we discussed' previouslY, we do'.n6t::feel:th~i~ianybody'Should have their license
the unit revoked on :a.Permanent'bas'iSiforl;~i6i'at{0nSi'"6'f-:the"itiws regm'ding nuisance
and/or disorderlY cOnduct, ForSUre'imot~.SdV:~lS'0Uid :tiave'thelicense for their entire.
prem/ses revoked as tlX~ resu..lt:'o~.'Scc~e'n¢~-in~'°l,/~ng nuisance a~d/or d~sorderl¥'
'~onduct, We had suggested:.'~hatif:an':unt~.WfUl!detaifler proceeding is started, that
~lteviate this issue: Your.'att0m~':h/~d'rfid/cated'.i~e".~ aS" going to require tim'ee
convictions on theSe subjects'in ord~r't~:i:h4~;'~/'SuSPenSi0n:c0~e into play. That is
rn/ssing from this draft. - ....
2. It is important that the time Wen .t0e~'~t'!'~r!h'~';'a:.tenant'v01dntarity vacate be t_k~
~.f~ul_L~l~ months so.aS, to be.lin.c0ifipS;~e'~,vi~h-':mos~'.°f..'Ottr leases, Fm:ther, the,
~language do'er~o~cate' thatif ,.tbr§'~i'g::done~('i. hfiYM°l~fiOn:iSY'-,a family member:
roommate or a guest ofa':tenanttha:tia~:ialread~-:.beefi.,~gi~te~..Should they be w~th a
tenant from a d/~ferent:.mii];.'WoUld'.b~ab~a~ii;i'6~9:,~(~fl~: ~t~kh:starts the ticker again
for the first time;:;'{::""
3. The most surprisin~.an'd' m0st'U~:~C~';i~'i;'-.'l~g~:'~g~ ii~:the."-d!':aft is that which rel.ates
to other ordinancea 'specifically;anY.'.dii'~'dt!i'0i',ifi~edt':acti0n'.that violates any other
2iry ordinance, spacial:,tUe'...:.o'r:Stat~d~;!'e'6~:a;;~s'fi'i:f:i:ihYgireViS'¢"ation of the license for
[he entire prem/s~s. M0reover;--i[ii~ii~:g'3~!i'~'-'~ii:d~hti~bnln'6t":by going to a district
court trial, but merely tkr0Ugh.i~urii~i~'hl-¢d';~'dii?:~'ti'~i::-Odr':dnderstanding of the
passage of the proposed licensin'g}'6i~dh~'dlb':)~d?.'~'C~p~'~inrmaintenance
ord/nance was to help 1,'mdlords,getYrid'-i.6f':!~l~:~irabie' (en~tSl and to serve as an
irnaetus to those lancttords"Wh° are st0W ?[°.,..r~ii&.:-:.iThe PbS,-sibility of losing a license
on'an entire property as a result ¢f'thelX)}6iafi0fi':0faiY'.ord/nance of any kind is so
over-broad as to be shocking on its.face~.'-..'.i,-: '..:'" '
. . ... - ...---;'~'-:! .-.-.-.
. . , .' ...... · ' . 'el. '
?n short: mese are our most serious concerns aeyand, a..number c)r. others we will reserve
for the actu~ mesting:
1. Nobody should e'%r..'face:'ti!%P~0_tOfifii~:fi, i~i~.~e.' !li%.~i~'~i:.%~ni~eir entire _~remJses as
a resalt of nuisanCe, or dismc~r!?%~d'fi~:~i. Oi:~fi:on~.....-i~,.. :'-'-!-'i:: ~- '
- ' ' ': :-'- '. :. :':.:)', 2 . '. ." ): ~: · ~ .' ' -- :~: -. ~.
~2-~1I the ~oss~h;~,- ~' ,~ .... '~',;~:'. '~ '= ..... "~-' '-- .- ..... - .'
conduct problems. · ..:- q-.........--:'..' .... mcu0ns:,or ~e. nu]smnce aha ~soraerly
3. The proposed language of ~e °r~n~ce:.~t~:sUgg~Sts;~:that ~ en~e complex could
lose its hcense by ~, c°unCil'acfi6n~tf6~?16i'~fi6n;}~'~ ci,:Or~n~y? ~ ci,
special use or ~ ~esotalaW,-is..ov~klg:br6ad~and.;~fi~e :to ~e e~tent ~at we
not believe that it woUtd'be'cOnsfitus'~'~'?}.:;.: ~:'' :..'-.::.:.' :, .:..;.
THE REMADA COMPANY
12400 WHIT~AT~ DRIVE, SUITE 140
MINNETO~, MN 55343
(952) 908-0811 · FAX (952) 908-0822
MEMORA1Nq)UM
City of Chanhassen
Steven B. Liefschultz and Joe Videle
DATE: June 13, 2002
Licensing and Property Maintenance Ordinances
The following are the key issues which ,are of concern regarding the proposed ordinances:
1. As was discussed before with respect to the rental dwelling licenses ordinance, the
inclusion in 10-198 and 10-199 of the "catchall" which allows for revocation of the
license to the entire rental premises for the violation, _directly or indirect]x, of any
ordinance or any code provision or any permit or any law of the State o~ Minnesota, is
not acceptable. To do so would make development, financing, refinancing and any
other type of lending almost impossible. We would strongly recommend that the
stiffest penalty be that of an increasing fine depending on the nature and amount of
offenses. We seem to have been in agreement on this concept when we were
discussing only the disorderly use ordin~ce. If it has now been reinserted because of
the addition of a property rrminten~ce ordinance, then this is even more alarming
because it is inconceivable that one would permanently lose their license to operate an
entire rental premises over not being timely with respect to a correction order. We
would proposed the following:
A. With respect to disorderly use, that revocation of the license for any particul~ unit
be kept as part of the ordin~ce and, if necessary, increasingly large fines
thereafter.
B. With respect to the property maintenance ordinance, we would expect that parts of
the premises, including cm't~n units, could be closed down or have a suspension of
their license and, thereafter, have fines instituted in an incre~ing amount.
C. With respect to property maintenance, we would also respectfully request that there
be a certain amount of offenses that are either petty misdemeanors or simply subject
to fine phor to having a misdemeanor. Further, the ordinance appears to read that
the person legally responsible would be the resident manager on site who might be
the only one living within Carver County.
We cannot emphasize enoug1~ how difficult it will be to do any refinancing,
improvement refin~cing, rehab refinancing or any development with any lenders based
upon a law that would allow the complete revocation of an entire rental premise license
for indirectly or directly violating any city or state law. We are all very active in the real
estate lending field, and we might also add that Steve Liefschultz is the owner of a
bank, and to consider lending where such a licensing ordinance would call for such a
huge penalt3' based upon discretiongy enforcement for violation of any law, regardless
of the severity of the offense or whether it was direct or indirect)±s ±neonce±vab:ke.
June 13, 2002
Page 2
2. P~agraph 10-203 of the disorderly use ordinance, subsect/on (d), should require two
full calend,xr months regardless of when the city council meeting would take place.
THE REMADA COMPANY
12400 WHITEWATER DRIVE, SUITE 140
MI1N~O~, MN 55343
(952) 908-0811 · FAX (952) 908-0822
MEMORANDUM
TO: City of Chanhassen
FROM: Steven B. Liefschultz
DATE: June 13, 2002
RE: Property Maintenance Ordinance
On June 12, 2002, I spoke to Steve Ton'ell and advised him of the following questions and
concerns regarding the property maintenance ordinance:
1. 7-50 (c) seems to imply that structures that were in compliance with the building code at
the time of construction could be considered' to be in violation in the event they don't
meet the requirements set forth in the ordinance. I'would view that as unconstitutional
and my understanding is the city did not intend to do that. The concerns I have are with
respect to all requirements, but especially those with respect to screening, lights,
ventilation and mechanical.
2. 7-56 (4) would be best served by having modifying language dealing with the
reasonableness in view of difficulty and cost.
3. 7-58, regarding emergency measures, should provide that either the city or the tenant be
allowed time to get expert opinion as to whether or not the opinion of the code official
is substantiated. My understanding is that this is what the City of Chanhassen does
currently.
4. 7-62 (j) should provide for a person living in a rent,xl premises without garages to be
allowed to disassemble an auto if it is not disassembled overnight, assuming it is
operative and licensed.
5. 7-63 (b), dealing with "watertight," should not include condensation which may result
for many reasons, including tenant use, even if the premises are water fight.
6. As mentioned previously, 7-63 (n) is somewhat ambiguous and Mr. Tmrell has
indicated that he is going to look into this in more detail to make sm'e that people do not
need screen doors when in fact it would pre2~ent more of a nuisance tha_n a help.
7. 7-68 and 7-69, concerning light and ventilation, are ambiguous, hard to understand and
may very well not grandfather in certain existing conditions on rental buildings which
were per the building code at the time of construction. Mr. Torrell has indicated he
would walk our premises with us when he returns from vacation for pm-poses of'
ascertaining whether or not we are in compliance, because he has indicated it is the
city's intention not to have a situation arise as a result of not ~andfathering it in.
8. 7-70 concerning occupancy limits is ambiguous and Mr. Torrell ind/cated that he was
going to try to have it interpreted so we understand just how it would apply to different
June 13, 2002
Page 2
types of structures, especially structures where there are smd/o apartm6nts, albeit large
ones, such as at Lakeview Hills Apartments.
SBL/dsc
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.
Article IV to provide:
Chapter 7 of the Chanhassen City Code is amended by adding
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
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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
RNK:06/03/2002 2
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) L/ability. The code official, officer or employee charged with the
enforcement of this code, while acting for the jurisdiction, shall not hereby be rendered
liable personally, and is hereby relieved from all personal liability for any damage
accruing to persons or property as a result of an act required or permitted in the
discharge of official duties.
Any suit instituted against any officer or employee because of an act performed by that
officer or employee in the lawful discharge of duties and under the provisions of this
code shall be defended by the legal representative of the jurisdiction until the final
termination of the proceedings. The code official or any subordinate shall not be liable
for costs in an action, suit or proceeding that is instituted in pursuance of the provisions
of this code; and any officer of the department of property maintenance inspection,
acting in good faith and without malice, shall be free from liability for acts performed
under any of its provisions or by reason of any act or omission in the performance of
official duties in connection therewith.
Sec. 7-53.
Duties and Powers of the Code Official.
General. The code official shall enforce the provisions of this code.
(b) Right of entry. The code official is authorized to enter the structure or
premises at reasonable times to inspect subject to constitutional restrictions on
unreasonable searches and seizures. If entry is refused or not obtained, the code
official is authorized to pursue recourse as provided by law.
(c) Identification. The code official shall carry proper identification when
inspecting structures or premises in the performance of duties under this code.
(d) Notices and orders. The code official shall issue all necessary notices or
orders to ensure compliance with this code.
(e) Department records. The code official shall keep official records of all
business and activities of the department specified in the provisions of this code. Such
100848.01
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
100848.01
RNK:06/03/2002 4
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 violation. The imposition of the penalties herein prescribed
shall not preclude the legal officer of the jurisdiction from instituting appropriate action to
restrain, correct or abate a violation, or to prevent illegal occupancy of a building,
structure or premises, or to stop an illegal act, conduct, business or utilization of the
building, structure or premises.
Sec. 7-56. Notices and Orders.
(a) Notice to owner or to person or persons responsible. Whenever the code
official determines that there has been a violation of this code or has grounds to believe
that a violation has occurred, notice shall be given to the owner or the person or
persons responsible therefore in the manner prescribed in Sections 7-56 b. and c.
(b) Form. Such notice prescribed in Section 7-56 a. shall be in accordance
with all of the following:
(~)
(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)
copy thereof
Method of service. Such notice shall be deemed to be properly served if a
is:
(~)
(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
~ooa48.o~ 5
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 e~ se__e_q.
(b) Securing vacant buildings. Vacant buildings may be secured in
accordance with Minnesota State Statutes 463.251.
Sec. 7-58. Emergency Measures.
(a) Imminent danger. When, in the opinion of the code official, there is
imminent danger of failure or collapse of a building or structure which endangers life, or
when any structure or part of a structure has fallen and life is endangered by the
occupation of the structure, or when there is actual or potential danger to the building
occupants or those in the proximity of any structure because of explosives, explosive
fumes or vapors or the presence of toxic fumes, gases or materials, or operation of
defective or dangerous equipment, the code official is hereby authorized and
empowered to order and require the occupants to vacate the premises forthwith. The
code official shall cause to be posted at each entrance to such structure a notice
reading 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.
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(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.
Basement 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.
Bedroom. means any room or space used or intended to be used for sleeping
purposes, but not a kitchen, bathroom or other non-habitatal space.
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Code Official means the official who is charged with the administration and
enforcement of this code, or any duly authorized representative.
Conde~nn 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.
bnminent Danger means a condition
life-threatening injury or death at any time.
which could cause serious or
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 monitore0 and
treated so as to prevent any health disease.
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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
possession of a space within a building.
a building, or having
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.
Owner 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.
Perxon 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.
Rooming 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,
~00s4s.0~ 9
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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.
Work¢n. anlike 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.
1 O0848.01
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(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.
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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.
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(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. 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.
(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.
(1) Glazing. All glazing materials shall be maintained free from cracks and
holes.
(2) Openable windows. Every window, other than a fixed window, shall be
easily openable and capable of being held in position by window
hardware.
(n) Insect screens. During the period from 6/1 to 9/1, every door, window and
other outside opening required for ventilation of habitable rooms, food preparation
areas, food service areas, or any areas where products to be included or utilized in food
for human consumption are processed, manufactured, packaged or stored, shall be
supplied with approved tightly fitting screens of not less than 16 mesh per inch and
every swinging door shall have a self closing device in good working condition.
Exception: Screen doors shall not be required where other approved means,
such as air curtains or insect repellent fans, are employed.
(o) Doors. All exterior doors, door assemblies and hardware shall be
maintained in good condition. Locks at all entrances to dwelling units, rooming units and
guestrooms shall tightly secure the door.
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(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
structurally sound, and be capable of supporting the imposed loads.
be maintained
(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
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(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.
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(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
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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, minimum space, use and location requirements. No
person shall occupy nor permit or let to be occupied any dwelling or dwelling unit for the
purpose of living therein, which does not comply with the following requirements.
(b) Permissible occupancy of dwelling unit. With the exception of owners
occupying a respective dwelling unit prior to 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'
(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
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17
(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 shall contain its own bathtub or
shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary,
safe working condition. The lavatory shall be placed in the same room as the water
closet or located in close proximity to the door leading directly into the' room in which
such water closet is located. A kitchen sink shall not be used as a substitute for the
required lavatory.
(b) Rooming houses. At least one water closet, lavatory and bathtub or
shower shall be supplied for each four rooming units.
(c) Hotels. Where private water closets, lavatories, and baths are not
provided, one water closet, one lavatory and one bathtub or shower having access from
a public hallway shall be provided for each ten occupants.
(d) Employees' facilities. A minimum of one water closet, one lavatory and
one drinking facility shall be available to employees.
(1) Drinking facilities. Drinking facilities shall be a drinking fountain, water
cooler, bottled water cooler, or disposable cups next'to a sink or water dispenser.
Drinking facilities shall not be located in toilet rooms or bathrooms.
Sec. 7-73. Toilet Rooms.
(a) Privacy. Toilet rooms and bathrooms shall provide privacy and shall not
constitute the only passageway to a hall or other space, or to the exterior. A door and
interior locking device shall be provided for all common or shared bathrooms and toilet
rooms in a multiple dwelling.
(b) Location. Toilet rooms and bathrooms serving hotel units, rooming units
or dormitory units, shall have access by traversing not more than one flight of stairs and
shall have access from a common hall or passageway.
Sec. 7-74. Plumbing Systems and Fixtures.
(a) General All plumbing fixtures shall be properly installed and maintained
in working order, and shall be kept free from obstructions, leaks and defects and be
capable of performing the function for which such plumbing fixtures are designed. All
plumbing fixtures shall be maintained in a safe, sanitary and functional condition.
100848.01
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(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 facilities. Water heating facilities shall be properly installed,
maintained and capable of providing an adequate amount of water to be drawn at every
required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less
than 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.
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t¢
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) Fac/lit/es required. Heating facilities shall be provided in structures as
required by this section.
(b) Res/dent/al 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.
100848.01
RNK:06/03/2002 20
(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)
maintained.
Clearances. All required clearances to combustible materials shall be
(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.
~ooa4a.ot 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
structure constitutes a hazard to the occupants or the structure by reason of inadequate
service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or
installation, deterioration or damage, or for similar reasons, the code official shall
require the defects to be corrected to eliminate the hazard.
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
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(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.
the Building Code.
All buildings shall be provided with exits as required by
(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.
~oo,4~.o~ 23
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,
C,
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.
Where the door hardware conforms to that permitted by the building
code.
(m) Emergency Escape. Every sleeping room located below the fourth story
in residential and group home occupancies shall have at least one openable window or
exterior door approved for emergency egress or rescue.
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
RN K:06/03/2002
25
(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
story 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 story 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.
., 2002,
ATTEST:
Todd Gerhardt, City Manager
Linda C. Jansen, Mayor
(Published in the Chanhassen Villager on
100848.01
RNK:06/03/2002 26
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.
read as follows:
The Chanhassen City Code is amended by adding Article VII to
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.
99495.08
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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.
VlUlll~l IVV~ ~[llU ~UVll V~VI~Vl ~I I~II llVU ill
(c)
dwelling.
Name and address of any operator or agent actively managing said rental
(d)
(e)
corporation.
Name and address of all partners if the registrant is a partnership.
Name and address of all officers of the corporation if the registrant is a
(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.
99495.08
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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 .......
operate or maintain rental dwellings contrary to the provisions of this Article or Chapter
7 of the City Code concerninq property maintenance..,,,,o~"'.~ ~th~,~,.,,..,_,. rity,_, r~
o~,,, ,',~'it ~o°' .,-,a h,, the r;t,, ,-,~ th,-, ~o,^,o of the eto+,~ ,-,f
(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 !aw 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.
99495.08 (RL~
RNK:r06/14/2002
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
152.027, Subdivisions 1
controlled substances;
Statutes, Sections 152.01 through 152.025, and Section
and 2, which prohibit the unlawful sale or possession of
(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;
99495.08 (RL~
RN K:r06/14/2002 4
(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 in writinq by certified mai! of the
violation and direct the licensee to take appropriate action to prevent
further violations.
(b)
(c)
(d)
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.
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.
It shall not be considered a first or second-an instance of disorderly use if
the tenant is evicted or voluntarily vacates the licensed premises prior to
the he°~''''-' ~':'~'-'~'~ ~"~ City r'-~, ,~,,-.~ a,-,,a within two (2) full calendar months
I,.,.4, I I I I ~ J.,~ '..z I V I g ~,1 IV V ,,,.,/ q~,4 i i T,.,/ i I
99495.08 (RL)
RN K:r06/14/2002
after the 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).
99495.08 (RL~
RNK:r06/14/2002 6