HomeMy WebLinkAboutOrd. 515 - Title 9 RepealCITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 515
AN ORDINANCE REPEALLING CITY CODE TITLE 9, CHAPTER 8: RENTAL
HOUSING DWELLINGS AND CITY CODE TITLE 9, CHAPTER 9: HOUSING
MAINTENANCE CODE AND ORDAINING CITY CODE TITLE 9, BUILDING
REGULATIONS, CHAPTER 8: PROPERTY MAINTENANCE STANDARDS
CHAPTER 8
PROPERTY MAINTENANCE STANDARDS
ARTICLE A. IN GENERAL
SECTION:
9-8A-1:
Purpose and Scope
9-8A-2:
Definitions
9-8A-3:
Responsibilities of Owners and Occupants
9-8A-4:
Minimum Standards for Basic Equipment and Facilities
9-8A-5:
Stairways, Porches and Balconies
9-8A-6:
Access to Dwelling Units
9-8A-7:
Door Locks
9-8A-8:
Minimum Standards for Light and Ventilation
9-8A-9:
Minimum Thermal Standards
9-8A-10:
General Requirements
9-8A-11:
Construction Standards
9-8A-12:
Maximum Density, Minimum Space for Rental Units
9-8A-13:
Enforcement and Inspection Authority
9-8A-14:
Inspection Access
9-8A-15:
Unfit for Human Habitation
9-8A-16:
Secure Unfit and Vacant Dwellings
9-8A-17:
Hazardous Building Declaration
9-8A-18:
Compliance Order
9-8A-19:
Right to Appeal
9-8A-20:
City Council's Decision
9-8A-21:
Restriction on Transfer of Ownership
9-8A-22:
Penalties
9-8A-23:
Execution of Compliance Orders of Public Authority
9-8A-1: PURPOSE AND SCOPE
A. Purpose: The purpose of this Chapter is to protect the health,
safety, and the general welfare of the people of the City. These general
objectives include, among others, the following:
To establish the minimum regulations governing the conditions and
maintenance of all property, buildings, and structures within the
City;
2. To protect the character and stability of residential areas within the
City;
To correct and prevent housing conditions that adversely affect or
are likely to adversely affect the life, safety, general welfare, and
health of the people of the City;
4. To provide standards for heating and sanitary equipment and for
light and ventilation necessary to protect the health and safety of
occupants of buildings;
To prevent the overcrowding of dwellings;
To provide standards for the maintenance of existing residential
buildings and accessory structures and to thus prevent substandard
housing and blight;
To preserve the value of land and buildings throughout the City.
With respect to disputes between tenants and landlords, and except as
otherwise specifically provided by the terms of this ordinance, it is not the
intention of the City Council to intrude upon the contractual relationship
between the tenant and landlord. The City Council does not intend to
intervene as an advocate of either party, nor to involve itself in rent
disputes, nor to act as an arbitrator, nor to hear complaints from the tenant
or landlord which are not specifically and clearly relevant to the provisions
of this Chapter.
B. Scope: The provisions of this code shall apply to all existing
residential and non-residential structures and all existing premises. This
Chapter shall constitute the minimum standards for premises, structures,
and facilities for light, ventilation, life safety, safety from fire, and other
hazards and for safe and sanitary maintenance.
9-8A-2: DEFINITIONS: The definitions contained in Section 12-2-2 of this
Code apply herein. Additionally, the following definitions shall apply in the
interpretation and enforcement of this Chapter. In the event of a conflict between
the definitions contained in Section 12-2-2 and this Section, the definitions
contained in this Section shall control.
ACCESSORY USE OR
STRUCTURES: A use or structure subordinate to and serving the
principal use or structure on the same lot and
customarily incidental thereto which is not used for
living or sleeping by human occupants.
ANDOVER BUILDING
CODE: The Minnesota State Building Code, International
Building Code (IBC) and International Residential
Code (I RC) as may be adopted by the City.
BUILDING: Any structure having a roof which may provide shelter
or enclosure for persons, animals, or chattels, and
when said structure is divided by party walls without
openings, each portion of such building so separated
shall be deemed a separate building.
BUILDING OFFICIAL: The designated agent authorized by the City Council
to administer and enforce this chapter.
DWELLING: A building, or one or more portions thereof, occupied
or intended to be occupied for residential purposes,
but not including rooms in motels, hotels, nursing
homes, boarding houses, trailers, tents, cabins or
trailer coaches.
DWELLING UNIT: A single-family dwelling or unit designed to
accommodate one family.
DUPLEX: A building, as referred to as a multi -family dwelling,
designed as a single structure, containing two
separate dwelling units, each of which is designed to
be occupied as a separate permanent residence for
one family on one lot.
FAMILY: A. An individual or two (2) or more persons related by
blood, marriage or adoption living together; or
B. A group of not more than five (5) persons who
need not be related by blood, marriage or adoption,
living together as a single housekeeping unit in a
dwelling unit, exclusive of usual servants.
GARBAGE: Animal and vegetable waste resulting from the
handling, preparation, cooking, marketing or
processing of food, or the non -consumed waste
resulting from animals or humans consuming food.
HABITABLE BUILDING: Any building or part thereof that meets minimum
standards for use as a home or place of abode by one
or more persons.
HABITABLE ROOM: A room with enclosed floor space used or intended to
be used for living, sleeping, cooking, or eating
purposes, excluding bathrooms, water closet
compartments, laundries, furnace rooms, unfinished
basements (those without required ventilation,
required electric outlets and required exit facilities),
pantries, utility rooms of less than fifty (50) square
feet of floor space, foyers, communicating corridors,
stairways, closets, storage spaces, workshops, and
hobby and recreation areas in parts of the structure
below ground level or in attics.
HEATED WATER: Water heated to a temperature of not less than one
hundred ten degrees Fahrenheit (110°F), or such
lesser temperature required by government authority,
measured at faucet outlet.
KITCHEN: A space which contains a sink with counter working
space, space for installing cooking and refrigeration
equipment, and space for the storage of cooking
utensils.
LEASE: A written or oral agreement to rent. For use as a verb,
see rent.
LET: To lease a premises or any portion thereof.
MAINTENANCE: Upkeep of property and equipment in a safe working
condition for which it was installed and/or constructed.
MULTIPLE -FAMILY
DWELLING: A dwelling or portion thereof containing two (2) or
more dwelling units.
OCCUPANT: Any person (including owner operator) living,
sleeping, cooking and eating in a dwelling unit or
living and sleeping in a rooming unit.
OPERATE: To charge rent for the use of a unit in a rooming unit.
OPERATOR: The owner or his/her agent who has charge, care,
control, or management of a building, or part thereof,
in which dwelling units or rooming units are let.
OWNER: Any person, firm or corporation who, alone, jointly, or
severally with others, shall be in actual possession of,
have charge of, care of, or control of any dwelling,
dwelling unit, or rooming unit within the City as owner,
employee or agent of the owner, or as trustee or
guardian of the estate or person of the title holder.
Any person representing the actual owner shall be
bound to comply with the provisions of this chapter to
the same extent as the owner.
PERMISSIBLE
OCCUPANCY: The maximum number of persons permitted to reside
in a dwelling unit or rooming unit.
PERSON: An individual, firm, partnership, association,
corporation, company or joint venture or organization
of any kind.
PLUMBING: All of the following supplied facilities and equipment in
a dwelling: gas pipes, gas burning equipment, water
pipes, steam pipes, garbage disposal units, waste
pipes, water closets, sinks, installed dishwashers,
lavatories, bathtubs, shower baths, installed clothes
washing machines, catch basins, drains, vents and
any other similar fixtures and the installation thereof,
together with all connections to water, sewer and gas
lines.
PREMISES: A platted lot or part thereof or unplatted parcel of land,
and adjacent right-of-way, either occupied or
unoccupied by any dwelling or non -dwelling structure,
including such building or accessory structure.
PUBLIC HALL: A hall, corridor or passageway for providing egress
from a dwelling unit to a public way and not within the
exclusive control of one family.
REFUSE: Personal leavings, trash, garbage.
RENT: Consideration paid for the use of premises, including,
but not limited to, money, services and property. As a
verb, the term "rent' means to receive or allow the
use of premises in return for such consideration or
any combination thereof. The term 'rent' does not
include arrangements whereby a relative occupies a
dwelling and which arrangement is detailed and
sworn to in affidavits filed by each adult occupant of
the dwelling and each person who is an owner of the
dwelling.
RENTAL DWELLING: Any dwelling unit(s) let. Single family residential
properties occupied by a relative shall not be
considered a rental dwelling.
REPAIR: The construction or renewal of any part of an existing
building or its utilities, facilities or equipment for the
purpose of its maintenance.
RODENT HARBORAGE: A place where rodents commonly live, nest, or
establish their habitat.
ROOMING UNIT: Any room or group of rooms forming a single
habitable unit used or intended to be used for living
and sleeping, but not for cooking and eating
purposes.
SAFETY: The condition of being reasonably free from danger
and hazards which may cause accidents or diseases.
SUBSTANDARD
DWELLING: Any dwelling that does not conform to the minimum
standards established by City ordinances.
SUPPLIED: Paid for, furnished by, provided by or under the
control of the owner, operator, or agent of a dwelling.
WATER CLOSET: A toilet with a bowl and trap made in one piece, that is
connected to the City water and sewer system or
other approved water supply and sewer system.
9-8A-3: RESPONSIBILITIES OF OWNERS AND OCCUPANTS: No owner
or other person shall occupy or let to another person any dwelling, dwelling unit,
rooming unit, building, or structure unless it and the premises are fit for human
occupancy and comply with all appropriate legal requirements of the State of
Minnesota, and the City of Andover as set forth specifically in the following
subsections:
A. Maintenance of Shared or Public Areas: Every owner of a dwelling
containing two (2) or more dwelling units shall maintain or shall
provide for maintenance of the shared public areas of the dwelling
and premises thereof.
B. Housekeeping of Occupied Areas: Every occupant of a dwelling,
dwelling unit, or rooming unit shall properly housekeep that part of
the dwelling, dwelling unit, and premises thereof that he/she
occupies and controls.
C. Storage and Disposal of Refuse:
Every occupant of a dwelling, dwelling unit, rooming unit,
building or structure shall store and dispose of all his/her
refuse and garbage and any other organic waste which
might provide food for insects, rodents and/or vermin as
required by Title 4 of this Code.
2. Every owner of a multiple -family dwelling shall supply
facilities for the storage and/or disposal of refuse and
garbage. In the case of single- or two-family dwellings, it
shall be the responsibility of the occupant to furnish such
facilities as prescribed by City ordinance.
D. Responsibility for Storage and Disposal of Garbage and Refuse:
Every owner of a multiple -family dwelling shall supply facilities for
the storage and/or disposal of refuse, garbage, and recycling
materials. All garbage, waste material, debris, and recyclables shall
be kept in an enclosed building or contained in a closed container
designed for such purposes.
Owners shall provide for refuse enclosures to screen all containers
that are visible from a public street or alley. Such enclosure shall
have a concrete floor base. Gates may not be required if properly
oriented on the site. The design of such enclosures shall be
reviewed and approved by City staff prior to issuing a building
permit.
Provisions for storage and disposal of garbage and refuse
consistent with this chapter must be provided for multifamily
buildings upon obtaining a building permit costing more than
$5,000.00. In the case of single-family dwellings, it shall be the
responsibility of the occupant to adequately provide for the storage
and disposal of garbage and refuse.
E. Responsibility for the Storm and Screen Doors and Windows: The
owner of any dwelling unit shall be responsible for providing,
maintain and hanging all screen and storm doors and storm
windows whenever the same are required under the provisions of
this ordinance.
F. Responsibility for Pest Extermination: Every occupant of a single-
family dwelling unit shall be responsible for the extermination of
vermin infestations and/or rodents on the premises. Every occupant
of a dwelling unit in a building containing more than one dwelling
unit shall be responsible for such extermination whenever his/her
dwelling unit is the only one infested, except when infestation is
caused by the failure of the owner to maintain a dwelling in a
reasonably rodent -proof condition; then, extermination shall be the
responsibility of the owner. When infestation exists in two or more
of the dwelling units in any building or in the shared or public parts
of any dwelling containing two or more dwelling units, extermination
shall be the responsibility of the owner.
G. Rodent Harborage Prohibited in Occupied Areas: No occupant of a
dwelling shall accumulate boxes, firewood, lumber, scrap metal, or
any other similar materials in such a manner that may provide
rodent harborage in or about any dwelling. Outside stored materials
shall be stacked neatly in piles at least four inches off bare soil or
ground.
H. Rodent Harborage Prohibited in Public Areas: No owner or
occupant of a dwelling shall accumulate or permit the accumulation
of boxes, lumber, scrap metal, or any other similar materials in such
a manner that may provide rodent harborage in or about shared or
public areas of a dwelling or premises. Materials stored outside by
the owner or permitted to be stored by the owner shall be stacked
neatly in piles at least four inches above bare soil or ground.
Prevention of Food for Rodents: No owner or occupant of a
dwelling unit shall store, place, or allow to accumulate any
materials that may serve as food for rodents in a site accessible to
rodents.
Maintenance of Plumbing Fixtures and Facilities: The owner of a
dwelling unit, rooming unit, building or structure shall maintain all
supplied plumbing fixtures and facilities therein in good working
order.
K. Minimum Heating Capability and Maintenance: In every dwelling
unit or rooming unit when the control of the supplied heat is the
responsibility of a person other than the occupant, a room
temperature of at least 68 degrees Fahrenheit shall be maintained
from October 15th through April 15th.
L. Removal of Snow and Ice: The owner of any building or structure
shall be responsible for the removal of snow and ice from parking
lots, driveways, steps, and walkways on the premises, as well as
from abutting sidewalks. The owner of any building or structure
shall additionally be responsible for ice control measures. Individual
snowfalls of three inches or more or successive snowfall
accumulations to a depth of three inches shall be removed from
walkways, steps and public sidewalks within 48 hours after
cessation of the snowfall. The City's policy to assist in snow
removal does not exempt any property owner from meeting these
requirements.
M. Minimum Exterior Lighting. The owner of a rental dwelling or
dwellings shall be responsible to provide and maintain effective
illumination in all exterior parking areas and walkways.
N. Maintenance of Driveway and Parking Areas. The owner of a
multiple -family dwelling or dwellings shall be responsible to provide
and maintain in good condition paved and delineated parking areas
and driveways for tenants. Each driveway and parking area on any
multiple -family property existing on or before October 21, 1970
shall be paved with asphalt, concrete, brick, or similar dust -free
surface at such time as a building permit may be taken for either
remodeling or improvements costing more than $5,000.00.
9-8A-4: MINIMUM STANDARDS FOR BASIC EQUIPMENT AND
FACILITIES: No person shall occupy, rent or let to another for occupancy any
dwelling or dwelling unit for the purposes of living, sleeping, cooking, and eating
therein which does not provide the following:
A. Kitchen Sink: A sink in good working condition and properly
connected to an approved water supply system and which provides
at all times an adequate amount of heated and unheated running
water under pressure and which is connected to an approved
sewer system per Andover City Code.
B. Food Storage: Cabinets and/or shelves for the storage of eating,
drinking, and cooking equipment and utensils, and of food that does
not require refrigeration for safekeeping and a counter or table for
food preparation. The cabinets and/or shelves and counter or table
shall be of sound construction furnished with surfaces that are
easily cleanable and that will not impart any toxic or deleterious
effect to food.
C. Stove and Refrigerator: A stove for cooking food and a refrigerator
for the safe storage of food at or below forty (40) degrees
Fahrenheit, which are properly installed with all necessary
connections for safe, sanitary, and efficient operation. Such stove
and refrigerator need not be installed when a dwelling unit is not
occupied or when the occupant is expected to provide same on
occupancy, in which case sufficient space and adequate
connections for the installation and operation of the stove and
refrigerator must be provided.
D. Toilet Facilities: Within every dwelling unit there shall be a non -
habitable room which is equipped with a flush water closet in
compliance with the Minnesota State Plumbing Code. Such room
shall have an entrance door which affords privacy. Said flush water
closet shall be equipped with easily cleanable surfaces, shall be
connected to an approved water system that at all times provides
an adequate amount of running water under pressure to cause the
water closet to be operated properly, and all shall be connected to
a sewer system in compliance with Andover City Code.
E. Lavatory Sink: Within every dwelling unit there shall be a lavatory
sink. The sink may be in the same room as the flush water closet,
but if located in another room, the lavatory sink shall be located in
close proximity to the door leading directly into the room in which
said water closet is located. The lavatory sink shall be in good
working condition and shall be properly connected to an approved
water system and shall provide at all times an adequate amount of
heated and unheated running water under pressure and shall be
connected to a sewer system which complies with Andover City
Code.
F. Bathtub or Shower: Within every dwelling unit there shall be a non -
habitable room which is equipped with a bathtub or shower in good
working condition. Such room shall have an entrance door which
affords privacy. Said bathtub or shower may be in the same room
as the flush water closet, or in another room, and all shall be
properly connected to an approved water supply system and shall
provide at all times an adequate amount of heated and unheated
water under pressure and shall be connected to a sewer system
which complies with Andover City Code.
9-8A-5: STAIRWAYS, PORCHES AND BALCONIES: The owner shall
keep every stairway, inside or outside of a building, and every porch or balcony
in safe condition and sound repair, including but not limited to the following: stairs
and handrails; every porch, balcony, or deck which is 30 inches or more above
grade shall have a guardrail; every handrail and guardrail shall be firmly fastened
and maintained in good condition; no flight of stairs shall have settled out of its
intended position or have pulled away from the supporting or adjacent structures
enough to cause hazard; no flight of stairs shall have rotting, loose, or
deteriorating support; excepting spiral and winding stairways, the treads and
risers of every flight of stairs shall be essentially uniform in width and height;
stairways shall be capable of supporting a live load of 100 pounds per square foot
of horizontal projection.
9-8A-6: ACCESS TO DWELLING UNITS: Access or egress from each
dwelling unit shall be provided without passing through any other dwelling unit.
9-8A-7: DOOR LOCKS: No owner shall let or rent to another for occupancy
any dwelling or dwelling unit unless all exterior doors of the dwelling or dwelling
units are equipped with safe, functioning locking devices. Rental dwellings shall
be furnished with door locks as follows:
A. Building Access: For the purpose of providing a reasonable amount
of safety and general welfare for persons occupying multiple -family
dwellings with common areas, an approved security system shall
be maintained for each multiple -family building to control access.
The security system shall consist of locking building entrance or
foyer doors, and locked door leading from hallways into individual
dwelling units. Dead -latch type door locks shall be provided with
releasable lever knobs (or doorknobs) on the inside of building
entrance doors and with locking devices on the outside of the
building entrance doors. Building entrance door latches shall be of
a type that are permanently locked.
B. Unit Access: Every door that provides ingress or egress for a
dwelling unit within a multiple -family building shall be equipped with
an approved lock that has a deadlocking bolt that cannot be
retracted by end pressure, provided however, that such door shall
be openable from the inside without the use of a key or any special
knowledge or effort.
C. Existing Buildings: All multiple -family dwellings in existence prior to
April 21, 1992, which were not previously required to have an
approved security system. Shall not be subject to the requirements
of Subsection A of this section.
9-8A-8: MINIMUM STANDARDS FOR LIGHT AND VENTILATION: No
person shall occupy as owner, occupant or let to another for occupancy any
dwelling or rooming unit which does not comply the following requirements:
A. Habitable Room Ventilation: Except where there is supplied some
other device affording ventilation and approved by the Building
Official, every habitable room shall have at least one window facing
directly outdoors which can be opened easily.
B. Electric Service, Outlets, and Fixtures. Every dwelling and rooming
unit and all public and common areas shall be supplied with electric
service, functioning over -current protection devices, electric outlets,
and electric fixtures which are properly installed, which shall be
maintained in a safe working condition, and shall be connected to a
source of electric power in a manner prescribed by ordinances,
rules, and regulations of the City of Andover and by the laws of the
State of Minnesota. The minimum capacity of such electric service
and the minimum number of electric outlets and fixtures shall be as
follows:
1. A dwelling containing one or two dwelling units shall have at
least the equivalent of 100 ampere, three -wire electric service per
dwelling unit.
2. Every habitable room shall contain at least one (1) electrical
convenience outlet.
3. Every water closet compartment, bathroom, kitchen, laundry
room, and furnace room shall contain at least one (1) supplied
ceiling -type or wall -type electric convenience outlet.
4. Every public hall and public stairway in every multiple dwelling
shall be adequately lighted to provide at least ten (10) foot candles
of illumination of all parts thereof at all times by means of properly
located electric light fixtures; provided that such electrical lighting
may be omitted from sunrise to sunset where there are windows or
skylights opening directly to the outside and where the total window
or skylight area is at least one -tenth (1/10) of the combined
horizontal area of the floor and stairway of each such public hallway
and where such windows or skylight provide adequate natural light
to all parts of each public hallway. Every public hall and stairway in
dwellings containing two (2) dwelling units shall be supplied with
convenient light switches, controlling an adequate lighting system
that will provide at least ten (10) foot candles of illumination on all
parts thereof, which may be turned on when needed.
5. A convenient switch or equivalent device for turning on a light in
each dwelling unit shall be located near the point of entrance to
such unit.
9-8A-9: MINIMAL THERMAL STANDARDS:
A. No person shall occupy as owner or let to another for occupancy
any dwelling or rooming unit, for the purpose of living therein which
does not have heating facilities which are properly installed and
maintained in a safe and working condition and which are capable
of safely heating all habitable rooms, bathrooms, and water closet
compartments in every dwelling unit located therein to a room
temperature of at least 68 degrees Fahrenheit to be maintained
from October 15th through April 15th.
B. Gas or electric appliances designed primarily for cooking or water
heating purposes shall not be considered as heating facilities within
the meaning of this section.
C. Portable heating equipment employing flame and the use of liquid
fuel does not meet the requirement of this section and is prohibited.
D. No owner or occupant shall install, operate, or use a space heater
employing a flame that is not vented outside the structure in an
approved manner.
9-8A-10: GENERAL REQUIREMENTS: No person shall occupy as owner,
occupant or let to another for occupancy any dwelling or rooming unit for the
purpose of living therein which does not comply with the following requirements:
A. Foundations, Exterior Walls, and Roofs: The foundation, exterior
walls, and exterior roof shall be substantially water tight and
protected against vermin and rodents and shall be kept in sound
condition and repair. The foundation element shall adequately
support the building at all points. Every exterior wall shall be free of
structural deterioration or any other condition which might admit
rain or dampness to the interior portion of the walls or to the interior
spaces of the dwelling. The roof shall be tight and have no defects
which admit rain and roof drainage and shall be adequate to
prevent rain water from causing dampness in the walls. All exterior
surfaces, other than decay resistant materials, shall be protected
from the elements and decay by paint or other protective covering
or treatment. If the exterior surface is unpainted or lacks protective
coating or is determined by the Building Official to be deteriorated,
the surface shall have a protective covering applied. If the exterior
surface of the pointing of any brick, block, or stone wall is loose or
has fallen out, the surface shall be repaired.
B. Windows, Doors, and Screens: Every window, exterior door, and
hatchway shall be substantially tight and shall be kept in repair.
Every window, other than a fixed window or storm window, shall be
capable of being easily opened. Every window, door, and frame
shall be constructed and maintained in such relation to the adjacent
wall construction as to completely exclude rain, vermin and rodents
from entering the building.
C. Floors, Interior Walls, and Ceilings: Every floor, interior wall, and
ceiling shall be protected against the passage and harborage of
vermin and rodents and shall be kept in sound condition and good
repair. Every floor shall be free of loose, warped, protruding, or
rotting flooring materials. Every interior wall and ceiling shall be
maintained in a tight waterproof condition. Toxic paints or materials
with a lasting toxic effect shall not be used. Every toilet room and
bathroom floor surface shall be capable of being easily maintained.
D. Rodent Proof: Buildings found to be rodent infested shall be made
rodent resistant. All opening in the exterior walls, foundations,
basements, ground, or first floors, and roofs which have 1/4"
diameter or larger openings shall be rodent proofed in an approved
manner. Interior floors or basements, cellars, and other areas in
contact with the soil shall be paved with concrete or other rodent -
impervious material.
E. Fence Maintenance: All fences supplied by the owner on the
premises and all fences erected by an occupant on the premises
shall consist of metal, wood, masonry, or other decay -resistant
material. Fences shall be maintained in good condition. Materials,
other than decay resistant varieties, shall be protected against
decay by use of paint or other preservatives.
F. Accessory Structure Maintenance: Accessory structures shall be
structurally sound and be maintained in good repair. The exterior of
such structures shall be made weather resistant through the use of
decay -resistant materials such as paint or other preservatives.
G. Safe Building Elements: Every foundation, roof, floor exterior and
interior wall, ceiling, inside and outside stair, porch and balcony,
and appurtenance thereto shall be safe to use and capable of
supporting normal structural loads.
H. Facilities to Function: All equipment or utilities required under City
ordinances and every chimney and flue shall function effectively in
a safe and working condition.
Grading and Drainage: Every yard, court, or passageway on the
premises on which a dwelling stands shall be graded and drained
so as to be free of standing water that constitutes a detriment to
health and safety.
Yard Cover: Every yard of a premises on which a dwelling stands
shall be maintained to prevent dust and erosion.
9-8A-11: CONSTRUCTION STANDARDS: All new construction and
repair/renovation of existing structures within the City shall conform to the
Minnesota State Building Code as the building code for the City.
9-8A-12: MAXIMUM DENSITY, MINIMUM SPACE, FOR RENTAL UNITS:
No person shall permit or let to be occupied any rental dwelling or rooming unit
for the purpose of living therein which does not comply with the following
requirements:
A. Permissible Occupancy of Dwelling Unit. The maximum permissible
occupancy of any rental dwelling or rooming unit shall be
determined as follows:
1. For the first occupant, 150 square feet of habitable floor space
and for every additional occupant thereof, at least 100 square feet
of habitable room floor space.
2. In no event shall the total number of occupants exceed two times
the number of habitable rooms, less kitchen, in the dwelling or
rooming unit.
B. One Family Per Dwelling Unit. Not more than one family, except for
temporary guests, shall occupy a dwelling unit.
9-8A-13: ENFORCEMENT AND INSPECTION AUTHORITY:
A. The Building Official or his/her designee shall administer and
enforce the provisions of this Chapter. Inspections shall be
conducted during reasonable hours and the City Administrator or
his/her designee shall present evidence of his/her official capacity
to the owner or occupant in charge of the property.
B. The identities of individuals who register complaints with the City
concerning violations of State law or local ordinance concerning the
use of real property shall be classified as confidential data pursuant
to Minnesota Statutes, Section 13.03, Subd. 3., which states that
such data is not public and is not accessible to the individual
subject of the data. All other code violation records pertaining to a
particular parcel of real property and the buildings, improvements,
and dwelling units located on that property that are kept by the City
shall be public data unless collected as part of an active civil
investigation or legal action pursuant to Minnesota Statutes Section
13.99, or collected as part of an active criminal investigation
pursuant to Minnesota Statutes Section 13.82, Subd. 7.
9-8A-14: INSPECTION ACCESS: If any owner, occupant, or other person in
charge of a dwelling, dwelling unit, rooming unit, multiple dwelling or building fails
or refuses to permit free access and entry to the structure or premises under
his/her control, or any part thereof for purpose of an inspection authorized by this
chapter, the City Administrator or his/her designee may petition the court for an
order for such inspection.
9-8A-15: UNFIT FOR HUMAN HABITATION:
A. Any dwelling, dwelling unit, rooming unit, building or portion thereof
which is damaged, decayed, dilapidated, moldy, unsanitary, unsafe,
vermin or rodent infested, or which lacks provision for basic
illumination, ventilation, or sanitation facilities, or has been used for
the clandestine manufacture of illegal substances, to the extent that
the conditions of the dwelling, dwelling unit, rooming unit, building
or portion thereof poses a hazard to the health, safety, or welfare of
the occupants or to the public may be declared unfit for human
habitation. Whenever any dwelling, dwelling unit, rooming unit, or
building has been declared unfit, the City Administrator of his/her
designee shall order the same vacated within a reasonable time
and shall post a placard on the same indicating that it is unfit for
human habitation, and any operating license previously issued for
such dwelling shall be revoked.
B. It shall be unlawful for such dwelling, dwelling unit, or rooming unit,
or portion thereof, to be used for human habitation until the
defective conditions have been corrected and written approval has
been issued by the Building Official or his/her designee. No person
other than the Building Official or his/her designee shall deface or
remove the declaration placard from any such dwelling unit.
9-8A-16: SECURE UNFIT AND VACANT DWELLINGS: The owner of any
dwelling, dwelling unit, rooming unit or building which has been declared unfit for
human habitation or which is otherwise vacant for a period of sixty (60) days or
more shall immediately make the same safe and secure so that it is not
hazardous to the health, safety, and welfare of the public and does not constitute
a public nuisance. Any vacant dwelling open at doors, windows, or wall opening,
if unguarded, shall be deemed to be a hazard to the health, safety, and welfare of
the public and is a public nuisance within the meaning of this ordinance.
9-8A-17: HAZARDOUS BUILDING DECLARATION: In the event that a
dwelling, dwelling unit, rooming unit or building has been declared unfit for
human habitation and the owner has not remedied the defects within a
prescribed reasonable time, the dwelling may be declared a hazardous building
and may be removed, razed, or corrected pursuant to the provisions of
Minnesota Statutes.
9-8A-18: COMPLIANCE ORDER: Whenever the City Administrator or
his/her designee determines that any dwelling, dwelling unit, or rooming unit, or
portion thereof, is in violation of this or any other ordinance, he/she may issue a
Compliance Order according to the City of Andover Code Violation Procedure.
9-8A-19: RIGHT TO APPEAL: Any person who believes that a compliance
order issued under this chapter is based upon erroneous interpretation of this
chapter, or upon a misstatement or mistake of fact, such person may appeal the
Compliance Order to the City Council. Such appeals must be in writing, must
specify the grounds for the appeal, and must be accompanied by a filing fee as
determined by the City Council and be submitted to the City Administrator within
ten (10) business days after service of the Compliance Order. The filing of an
appeal shall stay all proceedings in furtherance of the action appealed from
unless such stay would cause imminent peril to life, health, or property.
9-8A-20: CITY COUNCIL'S DECISION: Upon at least five (5) business days'
notice to the appellant of the time and place for hearing the appeal and within
thirty (30) days after appeal is filed, the City Council shall hold a hearing thereon
at which the City Council shall dismiss, modify or affirm the order in whole or in
part.
9-8A-21: RESTRICTION ON TRANSFER OF OWNERSHIP: It shall be
unlawful for the owner of any dwelling, dwelling unit, rooming unit, or building
upon whom a pending Compliance Order has been served to sell, transfer,
mortgage, or lease, or otherwise dispose thereof to another person until the
provisions of the Compliance Order have been complied with, unless such owner
shall furnish to grantee, lessee, or mortgagee a true copy of any notice of
violation or Compliance Order and shall obtain and possess a receipt of
acknowledgment. Anyone with an interest in the dwelling, dwelling unit, rooming
unit, or building who has received notice of the existence of a Compliance Order
shall be bound by same without further service of notice upon him/her and shall
be liable for all penalties and procedures provided by this ordinance.
9-8A-22: PENALTIES: Any person who fails to comply with a Compliance
Order after a right of appeal has expired and any person who fails to comply with
a modified Compliance Order within the time set therein, upon conviction thereof,
shall be guilty of a misdemeanor and upon conviction shall be subject to the
penalties set forth in Minnesota Statutes.
9-8A-23: EXECUTION OF COMPLIANCE ORDERS OF PUBLIC
AUTHORITY: Upon failure to comply with a Compliance Order within the time set
therein, and no appeal having been taken, or upon failure to comply with a
modified Compliance Order within the time set therein, the criminal penalty
established hereunder notwithstanding, the City Council may by resolution cause
the cited deficiency to be remedied as set forth in the Compliance Order. The
cost of such remedy shall be a lien against the subject real estate and may be
levied and collected as a special assessment in the manner provided by
Minnesota Statutes, for any of the reasons set forth in Minnesota Statutes, and
specifically for the removal and elimination of public health or safety hazards
from private property, but the assessment shall be payable in a single
installment. It is the intent of this section to authorize the City to utilize Minnesota
Statutes to promote the public's health, safety, and general welfare.
CHAPTER 8
PROPERTY MAINTENANCE STANDARDS
ARTICLE B. RENTAL LICENSING
Section:
9-86-1:
Purpose and Intent
9-86-2:
Definitions
9-86-3:
License Required
9-813-4:
Application for Licensing
9-813-5:
Agent Required
9-86-6:
Initial License Issuance
9-813-7:
Renewal of License
9-86-8:
Transfer of License
9-86-9:
Inspections of Dwellings
9-813-10:
License Suspension, Revocation, Denial and Non -Renewal
9-86-11:
Display of License
9-813-12:
Fees
9-813-13:
Conditions of License Issuance
9-813-14:
Disorderly Conduct and Nuisance Police Calls for Service
9-813-15:
Trash Removal for Rental Properties
9-813-16:
No Retaliation
9-86-17:
Summary Action
9-813-18:
Severability Clause
9-813-19:
Violations and Penalties
9-813-1: PURPOSE AND INTENT: The operation of rental residential
properties is a business enterprise that gives rise to certain opportunities.
Operators are responsible to take reasonable steps, as may be necessary, to
assure that the citizens of the City who occupy such units, and those residing
near such units, may pursue the quiet enjoyment of the normal activities of life in
surroundings that are: (1) Safe, secure and sanitary; (2) Free from crimes and
criminal activity, noise, nuisances or annoyances; and (3) Free from reasonable
fears about safety of persons and security of property.
Further, it is the intent of this Article to regulate and provide for the inspections of
rental housing to assure that such housing does not become a nuisance or blight
to the neighborhood and does not create a disincentive to investment in the
community.
This Article establishes standards that are applicable to all rental dwellings in the
City. It does not apply to the portion of a rental dwelling that is occupied by a
personal owner or relatives of the personal owner.
Finally, the City Council finds that repeated police calls to certain rental dwellings
in the City occupied by persons with criminal histories have taxed law
enforcement resources. The City Council also finds that persons residing in
rental dwellings who engage in disorderly conduct or cause nuisance conditions
create a hostile environment for others living in close proximity, thereby
threatening the public safety. In order to preserve and protect the City's
neighborhoods and to promote public safety, the City Council enacts a Crime
Free Rental Program into the City Code. Any licenses issued by the City of
Andover prior to the adoption of this Ordinance shall comply with the
requirements listed herein at the time of next license renewal and shall still
comply with the terms in which the licensed was originally issued until renewal
occurs.
9-813-2: DEFINITIONS: The following definitions, and those contained in
Article I will be used in interpreting and enforcing this Article.
Agent: A person designated by the Owner of a rental
property to act on behalf of the Owner.
City: The City of Andover, Minnesota.
Disorderly Conduct: For the purposes of this section, disorderly conduct
may include, but is not limited to the following:
1. Drug related illegal activity
2. Acts of violence or threats of violence including but
not limited to, discharge of firearms, intimidation or
any other act that otherwise jeopardizes the health,
safety, or welfare of the owner, manager, agent, other
tenants, tenant's family members, guests or
neighboring property owners.
3. Creating, or allowing to continue, any hazardous or
physically offensive condition which serves no
legitimate purpose.
4. Repeated unfounded calls to police.
5. Violation of M.S. § 609.72 (Disorderly conduct), as
it may be amended from time to time.
6. Violation of M.S. §§ 609.66, subd.1a, 609.67 or
624.713 (Unlawful use or possession of a firearm or
weapon), as they may be amended from time to time.
7. Violation of M.S. § 609.50 (Obstructing legal
process), as it may be amended from time to time.
8. Violation of M.S. § 609.74 and 609.745 (Public
nuisance), as they may be amended from time to
time.
9. Violation of M.S. § 145A.02, subd. 17 (Public health
nuisance), as it may be amended from time to time.
10. Violation of M.S. § 609.321, 609.322, and
609.324, (Solicitation, inducement, and promotion of
prostitution, housing individuals engaged in
prostitution) as they may be amended from time to
time.
11. Violation of M.S. § 609.282, 609.283, 609.284,
(Labor and sex trafficking crimes), as they may be
amended from time to time.
12. Violation of M.S. § 609.33, relating to owning,
leasing, operating, managing, maintaining or
conducting a disorderly house or inviting or attempting
to invite others to visit or remain in a disorderly house.
13. Violation of M.S. § 609.713, (Threats of violence),
as they may be amended from time to time.
14. Violation of M.S. § 609.715, (Unlawful Assembly),
as it may be amended from time to time.
15. Violation of M.S. § 609.71, (Riot), as it may be
amended from time to time.
16. Violation of Title 5, Chapter 1 of the Andover City
Code pertaining to restrictions on animals.
17. Violation of Title 5, Chapter 6 of the Andover City
Code (Noise Control).
18. Violation of Title 5, Chapter 4 of the Andover City
Code (Weapons).
19. The unlawful sale of liquor.
Drug Related
Illegal Activity: Means the illegal possession or constructive
possession, manufacture, sale, distribution, purchase,
use or possession with intent to manufacture, sell, or
distribute a controlled substance as defined in the
Controlled Substance Act [21 U.S.C. 802], or
possession of drug paraphernalia per Minnesota
Statutes.
Immediate Family: Direct descendants, parents, grandparents, sibling or
any such person of traditional or blended family.
Licensee: A person, firm or corporation that obtains a rental
license from the City. For the purposes of this Article,
"Licensee" and "Property Owner" may be considered
one -in -the -same, and the terms "Licensee" and
"Property Owner" may be used interchangeably when
it makes sense to do so.
Major Life/Safety Issues: Hazardous conditions that pose a risk to the life and
safety of occupants including, but not limited to, faulty
or malfunctioning smoke detectors, handrails,
guardrails and egress.
Multi -Family
Rental License: A rental license established for any rental dwelling
with two (2) or more dwelling units subject to interior
and exterior inspections.
Nuisance call: Any instance where law enforcement officers are
called to a property in response to a valid complaint
related to disorderly conduct.
Operate: To charge a rental fee for the use of a dwelling unit
within a rental dwelling.
Rental Lease: A written contract between an owner, agent, or
manager and a tenant(s), whereby the tenant makes
rent payments or other form of compensation in order
to occupy the rental dwelling. The rental lease also
includes language that relates to the obligations of
both parties to the contract and has the same
meaning as a rental agreement.
Rental License: A permit granted by the City that grants the property
owner the right to rent.
Rental Dwelling: Any dwelling or dwelling unit used for residential
occupancy by one or more persons who are not the
owner or a member of the owner's immediate family.
"Rental dwelling" does not include the exemptions
contained in Section 9-813-3 of this Article.
Single Family
Rental license: A rental license established for any rental dwelling
with less than two (2) dwelling units which is subject
to exterior inspections only, with the exception of
interior inspections in the event of emergency or life -
threatening situations as determined by the Building
Official, Fire Chief, and/or their designated
representative.
Tenant(s): A person or persons who rent a rental dwelling.
Valid complaint: A violation that is visible at the time of inspection or
proven by credible, substantial evidence to the
satisfaction of the City.
Meaning of
certain words: Wherever the terms "dwelling," "dwelling unit,"
"premises," and "structure," are used in this Article,
they shall be construed as though they were followed
by the words "or any part thereof'.
9-8B-3: LICENSE REQUIRED:
A. License: No person, firm or corporation shall operate a rental
dwelling unit without first having obtained a license to do so from
the City as provided for in this Article. Each license shall be issued
for a two (2) year term and expire two (2) years from the issuance.
B. Types of Licenses Required: There shall be two (2) types of
licenses: multi -family and single-family.
C. Exemptions from Rental Licensing:
Rental property which is listed as a Nursing Home, Assisted
Living, or Boarding Care home by the State of Minnesota
Department of Health shall be exempt from the license
required under this Article. This exception shall not apply if
no services are provided to the occupants, or the services
are incidental to, or independent of, the landlord/occupant
relationship.
2. State licensed residential facilities that do not provide
overnight residential services.
3. A single-family dwelling or a dwelling unit occupied by the
Property Owner for a minimum of six (6) consecutive months
per calendar year.
4. A residential property owned by a `snowbird' where the
property is rented to another person for a period of less than
120 consecutive days while the Owner is residing out of the
State of Minnesota. The Property Owner must occupy the
property during the remainder of the year.
A single-family residential property that has been sold on a
contract for deed or has been sold as "rent to own" so long
as the purchaser occupies the property and the sale
document used to memorialize the sale is in the form of a
uniform conveyancing blank or is recorded with the Anoka
County Recorder's office and a copy is provided to the City
upon request.
6. A single-family residential property that is occupied by the
Owner and two or less occupants where the Owner and the
occupants share all living space within the dwelling.
7. Single family residential property that is owned by a member
of the armed services who is on active duty and the property
is rented to another person during the time of active duty.
The Owner must provide the City with a copy of the Owner's
military orders and must occupy the property when not on
active duty as the Owner's primary residence.
8. Hotels, motels or medical facilities as defined by Andover
City Code.
9-813-4: APPLICATION FOR LICENSE:
A. The rental Property Owner or the Owner's designated agent shall
submit a written application for a rental license on forms prescribed
by the City.
B. Prior to issuance or renewal of a rental license, the following
information shall be submitted:
Name, address, email address, and phone number of the
Property Owner.
Name, address, email address, and phone number of the
Property Manager if different from the property owner.
Name, address, email address, and phone number of the
designated agent if applicable.
4. The street address and/or property identification number of
the property.
5. Number of units offered for rent.
6. A blank copy of any written lease to be used for occupants
including the following lease addendums:
a. Crime Free/Drug Free Addendum.
b. Lead Free informational materials for pre-1978
properties, including all information as may be
required by Federal law.
9-86-5: AGENT REQUIRED: Any Property Owner who does not live in the
state shall appoint, on the license application, an agent residing within the State
of Minnesota upon whom the City may serve notices pertaining to the licensed
dwelling unit(s).
9-813-6: INITIAL LICENSE ISSUANCE: No license shall be issued under
this Ordinance unless the rental dwelling and its premises conform to the
Ordinances of the City and laws of the State. An inspection of the dwelling unit
may be conducted prior to issuance of an initial rental license.
9-813-7: RENEWAL OF LICENSE:
A. All renewed rental licenses shall be valid for a period of up to two
(2) years.
B. All rental license renewal applications and required fees shall be
submitted to the City on a biannual basis and prior to the issuance
of a rental license.
C. Information on the rental license application must be updated to
reflect current conditions at time of renewal.
D. No license shall be renewed under this Ordinance unless the rental
dwelling and its premises conform to the Ordinances of the City and
laws of the State. An inspection of the dwelling unit may be
conducted prior to issuance of a renewed rental license.
9-813-8: TRANSFER OF LICENSE: A rental license is nontransferable and
shall automatically terminate within thirty (30) days of closing on the sale of the
licensed building unless, within thirty (30) days of said closing, the new Owner
applies for and is granted a new rental license for said building in accordance
with this Article.
9-813-9: INSPECTIONS OF DWELLINGS:
A. New licenses: Upon receipt of a properly executed new application
for licensing and receipt of the appropriate fee, the City
Administrator or his/her designee shall conduct an initial inspection
of the premises to assure compliance with the City Code.
B. License renewal: Any rental dwelling may be re -inspected after a
renewal application is filed to determine compliance.
C. Additional Inspections: The City shall inspect every rental unit at
least once every two (2) years. The City may inspect any rental unit
if it falls within one or more the following criteria:
The unit has been abandoned by the Owner or the Owner of
such unit cannot be found.
2. Water, gas, or electric services to such unit has been
discontinued as a result of nonpayment.
The unit is on a parcel of land that is on the County's
delinquent tax list.
4. The City has probable cause to believe that there exists
within such unit one or more violations of the requirements of
the Andover City Code.
5. The property owner of the rental unit has, within the
preceding six (6) months, renewed a license after
suspension or revocation.
6. The unit is the subject of a pending notice of the City's intent
to suspend or revoke the rental license.
7. An occupant or neighboring Property Owner files a valid
complaint with the City relative to the condition of the unit or
premises.
8. The unit has not been inspected in the preceding two (2)
years.
9. Upon receipt of an initial or renewal license application.
D. Access for Inspections:
The City Administrator or his/her designee shall be
authorized to make or cause to be made inspections to
determine the condition of dwellings, multiple dwellings,
dwelling units, rooming houses, rooming units, and premises
in order to safeguard the health, safety, morals, and welfare
of the public.
2. The City Administrator, or his/her designee, shall be
authorized to enter any dwelling, multiple dwelling, dwelling
unit, rooming house, rooming unit, or premises at any
reasonable time for the purpose of performing his/her duties
under this Article.
The owner, operator, or occupant of every dwelling, multiple
dwelling, dwelling unit, rooming house, rooming unit, and
premises, or the person in charge thereof, shall give the City
Administrator, or his/her designee, free access to such
dwelling, multiple dwelling, dwelling unit, rooming house,
rooming unit and premises on which it is located at all
reasonable times for the purpose of such inspection,
examination and survey.
E. Interior Inspections: An inspection of the interior and exterior of the
property shall be required for all multi -family rental properties. An
inspection of the exterior only of the property shall be required for
all single-family rental properties. In emergency and/or life -
threatening situations as deemed necessary by the Building
Official, Fire Chief, and/or designated representative, inspections
may be conducted on single-family rental properties to include the
interior and exterior portions of the rental dwelling and without
permission from the property owner after reasonable attempts to
contact the owner have failed.
F. Refusal of Access for Inspection: If the owner, operator, person in
charge, or occupant shall refuse to consent to the inspection, an
administrative search warrant may be obtained where there is
probable cause to believe a violation exists within the particular
structure or property.
G. Emergency Conditions: No administrative search warrant is needed
where an emergency condition exists which endangers persons or
property and insufficient time is available to obtain the warrant and
protect such endangered persons or property.
H. Subject to Occupant's Right to Privacy: Entry under this Section is
subject to Minnesota Statutes, Sections 504B.211 (Residential
Tenant's Right to Privacy) as amended.
Costs of Obtaining Warrant: If the City finds it necessary to obtain
an administrative search warrant to enter the property for inspection
due to the Property Owner, operator, or person in charge, or
occupant's lack of cooperation, said person or persons may also be
charged with all costs of obtaining the warrant, including court costs
and attorney's fees.
9-BB-10: LICENSE SUSPENSION, REVOCATION, DENIAL AND NON -
RENEWAL:
A. Process for consideration of license suspension, revocation, denial
or non -renewal:
No action will be taken by the City Council to revoke,
suspend, deny, or not renew a rental license without a public
hearing and written notice of that hearing being sent to the
property owner and affected occupants a minimum of ten
(10) days prior to the hearing.
2. The Council shall give due regard to the frequency and
seriousness of the violations, the ease with which such
violations could have been cured or avoided and good faith
efforts to comply.
The Council shall issue a decision to revoke, suspend, deny
or not renew a rental license only upon written findings.
4. Upon a decision to revoke, suspend, deny or not renew a
license, no new application for the same facility will be
accepted for a period of time specified in the Council's
written decision, not exceeding one (1) year. Such new
applications shall be accompanied by a reinstatement fee as
required by this Article.
5. The Council may suspend, revoke, deny or not renew a
license for part or all of a facility.
6. A written decision to revoke, suspend, deny or not renew a
license or application for part of a facility shall specify the
part or parts of the facility to which it applies. Thereafter, and
until a license is reissued or reinstated, no rental units
becoming vacant in such part or parts of the facility may be
re -let or occupied.
a. Revocation, suspension, denial or non -renewal
of a license shall not excuse the owner from
compliance with all terms of this Article for as
long as any units in the facility are occupied.
b. Failure to comply with all terms of this Article
during the term of revocation, suspension,
denial or non -renewal is a misdemeanor and
grounds for extension of the term of such
revocation or suspension or continuation of
non -renewal, or for a decision not to reinstate
the license, notwithstanding any limitations on
the period of suspension, revocation, denial or
non -renewal specified in the City Council's
written decision.
B. Suspension:
The City Council may suspend a rental license under any of
the following circumstances:
Failure to correct deficiencies noted in Compliance
Orders within the time specified in the notice.
Failure to pay any license, inspection or reinstatement
fee required by this Article.
C. Any other violation of the Andover City Code.
Any specific provisions of the City ordinances that
include suspension as a remedy (i.e. nuisance calls,
etc.).
2. Additional standards related to suspension of a rental
license:
A reinstatement fee as established by the City Council
shall be paid prior to reinstatement of a rental license
that has been suspended.
In addition to the reinstatement fee, the City may
issue a citation for the applicable violations.
C. While under suspension, the Property Owner cannot
lease the affected unit and/or facility to a new
occupant.
The suspension shall be for a period of up to six (6)
months unless otherwise regulated by this Article.
C. Revocation:
The City Council may revoke a rental license under the
following circumstances:
a. When a Property Owner has not complied with
reinstatement criteria.
b. When it is found that a Property Owner has given
false statements on any application or other
information or report required by this Article to be
given by the applicant or licensee.
C. When it has been determined through an inspection
that major life/safety issues exist on the property.
d. When the Property Owner or designated agent has
been convicted of a crime related to the type of
business licensed and failure to show, by competent
evidence, rehabilitation and present fitness to perform
the duties of the business.
e. Operating or allowing the rental property to be used in
such a manner as to constitute a breach of the peace,
a menace to health, safety and welfare of the public
or a disturbance of the peace or comfort of the
residents of the City, upon recommendation by the
County Sheriff.
f. Failure to schedule and/or allow rental or building
inspections of the licensed premises, for the purpose
of ensuring compliance with rental licensing
requirements, City Code requirements, State building
codes, or other applicable State or Federal law.
Real estate or personal property taxes on the
business have become delinquent and the Property
Owner and the applicant are the same person or
entity or have any common ownership where they are
a different person or entity.
Failure to actively pursue the eviction of occupants
who have violated the provisions of the Crime Free
Lease Addendum.
Any specific provisions of the City Ordinances that
include revocation as a remedy (i.e. nuisance calls,
etc.)
j. Other good cause as determined by the City Council.
2. Additional standards related to revocation of a rental license:
a. A reinstatement fee as established by the City Council
shall be paid prior to reinstatement of a rental license
that has been revoked.
b. In addition to the reinstatement fee, the City may
issue a citation for the applicable violations.
C. While under revocation, the Property Owner cannot
extend the lease of an existing occupant and cannot
lease the affected unit to a new occupant.
d. The revocation shall be for a period of up to one (1)
year.
9-813-11: DISPLAY OF LICENSE: Licenses issued under this Article must be
conspicuously posted in a public corridor or front entrance of rental dwellings with
four or more units. All rental Property Owners must produce a copy of the rental
license upon demand of a prospective occupant or City official.
9-86-12: FEES:
A. License Fees: Fees Established and Due Date: Rental license fees
and reinstatement fees shall be set by the City Council and shall be
due with submission of a new or renewal application.
B. Reinspection Fees: An initial inspection shall be required at the
time of application, the cost of which shall be included in the license
application fee. A reinspection to verify compliance will be
conducted at no charge. A fee, as set by the City Council, may be
charged for any subsequent reinspection necessitated by receipt of
a valid complaint or as a result of a previous unsatisfactory
inspection.
9-86-13: CONDITIONS OF LICENSE ISSUANCE:
A. Compliance with Chapter: The City shall issue a rental dwelling
license if the building and the application are found to be in
compliance with the provisions of this chapter.
B. Conformance to Laws: No rental dwelling license shall be issued or
renewed unless the rental dwelling and its premises conform to the
Andover City Code; and the laws of the State of Minnesota; and all
applicable fees have been paid.
9-813-14: DISORDERLY CONDUCT AND NUISANCE POLICE CALLS FOR
SERIVCE: During the term of the rental license, and any re-licensure, whereby
nuisance calls related to the property occur in any consecutive twelve (12) month
period following the first nuisance call, the following shall apply:
A. First Nuisance Call: Upon determination by the City that a dwelling
unit was used in a disorderly manner, as described in this section,
the City shall give notice to the licensee of the violation and direct
the licensee to take steps to prevent further violations. The
disorderly manner shall be as defined in this section.
B. Second Instance: If a second instance of disorderly use of the
dwelling unit occurs within three (3) months of an incident for which
a notice was given as specified in this Section, the City shall notify
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 dwelling unit. This written report shall be submitted to the
City within five (5) days of receipt of the notice/report of disorderly
use of the dwelling unit and shall detail all actions taken by the
licensee in response to all notices of disorderly use of the dwelling
unit within the preceding three (3) months.
C. Third Instance: If a third instance of disorderly use of the dwelling
unit occurs within three (3) months after a second instance of
disorderly use for which a notice was given to the licensee pursuant
to Subsections of this section, the rental dwelling license for the
rental dwelling may be denied, revoked, suspended or not
renewed. An action to deny, revoke, suspend, or not renew a
license under this section shall be initiated by the City, who shall
give the licensee written notice of a hearing before the City Council
to consider such denial, revocation, suspension or nonrenewal.
Such written notice shall specify all violations of this section, and
shall state the date, time, place and purpose of the hearing. The
hearing shall be held no less than ten (10) days and no more than
thirty (30) days from the date of such notice.
D. Action Of The City Council: Following the hearing, the City Council
may deny, revoke, suspend or decline to renew the license for all or
any part or parts of the rental dwelling or may grant a license upon
such terms and conditions as it deems necessary to accomplish the
purposes of this section.
E. Council Action Not Exclusive: Enforcement actions provided in this
section shall not be exclusive, and the City Council may take any
action with respect to a licensee, a tenant, or the licensed rental
dwelling as is authorized by this chapter, other sections of the
Andover City Code Ordinance, or state law.
F. Eviction Proceedings: No adverse license action shall be imposed
where the instance of disorderly use of the dwelling unit occurs
during the pendency of eviction proceedings (unlawful detainer) or
within thirty (30) days of notice given by licensee to a tenant to
vacate the premises where the disorderly use was related to
conduct by that tenant or by other occupants or guests of the
tenant's dwelling unit. Eviction proceedings shall not be a bar to
adverse license action, however, unless they are diligently pursued
by the licensee. Further, any action to deny, revoke, suspend, or
not renew a license based upon violations of this section may be
postponed or discontinued at any time if it appears that the licensee
has taken appropriate measures to prevent further instances of
disorderly use.
G. Evidence of Disorderly Manner: A determination that the rental
dwelling unit has been used in a disorderly manner as described in
this section shall be made upon substantial evidence to support
such determination. It shall not be necessary that criminal charges
be brought in order to support a determination of disorderly use, nor
shall the fact of dismissal or acquittal of such criminal charge
operate as a bar to adverse license action under this section.
H. Serving Notice: All notices given by the City under this section shall
be personally served on the licensee, sent by certified mail to
licensee's last known address or, if neither method of service
effects notice, by posting on a conspicuous place on the licensed
rental dwelling.
An action to deny, revoke, suspend, or not renew a license based
upon violation of this section may be postponed or discontinued at
any time if it appears that the Licensee has taken appropriate
measures which will prevent further nuisance calls.
9-813-15: TRASH REMOVAL FOR RENTAL PROPERTIES:
A. Rental properties must have regularly scheduled recycling and
trash pick-up.
B. If the trash and/or recycling has not been removed within seven (7)
days of the normally scheduled pick-up, the trash may be removed
under emergency abatement procedures.
C. If the lack of trash and/or recycling service becomes a recurring
problem, refuse service will be authorized by the City and will be
assessed as a lien on the subject property.
9-86-16: NO RETALIATION: No Licensee shall evict, threaten to evict, or
take any other punitive action against any occupant who, by reason of good faith,
calls City officials related to public safety or property maintenance concerns. This
Section shall not prohibit the eviction of occupants from a rental dwelling for
unlawful conduct of an occupant or invitee for violations of any rules, regulations,
or lease terms other than a prohibition against contacting City officials.
9-8B-17: SUMMARY ACTION: When the conduct of any Licensee or their
agent, representative, employee or lessee or the condition of their dwelling 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 City shall have the authority to summarily condemn or post
for no occupancy such area of the rental dwelling.
9-813-18: SEVERABILITY CLAUSE: If any section, subsection, sentence,
clause or phrase of this Article is for any reason held to be invalid, such decision
shall not affect the validity of the remaining portions of this Article.
9-813-19: VIOLATIONS AND PENALTIES: Any person violating any
provision of this Article is guilty of a misdemeanor and upon conviction shall be
subject to the penalties set forth in Minnesota Statutes.
Sections:
9-8C-1:
9-8C-2:
9-8C-3:
9-8C-4:
9-8C-5:
9-8C-6:
9-8C-7:
9-8C-8:
9-8C-9:
9-8C-10:
9-8C-11:
9-8C-12:
9-8C-13:
9-8C-14:
9-8C-15:
9-8C-16:
CHAPTER
PROPERTY MAINTENANCE STANDARDS
ARTICLE C. SOBER HOUSING LICENSING
Purpose and Intent
Definitions
License Required
Application for License
Inspections of Dwellings
Agent Required
Length and Renewal of License
Transfer of License
License Suspension,
Display of License
Fees
No Retaliation
Summary Action
Severability Clause
Revocation. Denial and Non -Renewal
Violations and Penalties
Reasonable Accommodations
9-8C-1: PURPOSE AND INTENT: It is the purpose of this Article to assure
that sober housing in the City of Andover is habitable, safe, and sanitary and is
so operated and maintained as not to detract from the neighborhood or to
become an influence that fosters blight and deterioration or creates a disincentive
to reinvestment in the community.
It is the intent of this Article to establish uniform standards that are applicable to
all sober house dwellings in the City.
To the extent not otherwise inconsistent with this Article, Title 9, Chapter 8,
Article II of the City of Andover City Code shall be applicable to sober houses.
Any inconsistencies between Article II and this Article shall be resolved in favor
of this Article.
9-8C-2: DEFINITIONS: The definitions contained in Article I, of this Chapter
apply herein. Additionally, the following definitions shall apply in the interpretation
and enforcement of this Article.
Agent: A person designated by the owner of a sober house
to act on behalf of the owner.
Multiple Dwelling: A building or portion thereof containing two or more
dwelling units.
Rooming House: A residence unit or any part thereof containing one or
more rooming units in which space is let by the owner
operator to two or more persons.
Sober House: A dwelling unit occupied by a group of not more than
five (5) unrelated individuals, unless a reasonable
accommodation allowing more than 5 unrelated
individuals to occupy a dwelling unit is granted, all of
whom are in recovery from chemical dependency and
considered disabled under the Federal Fair Housing
Act Amendments of 1988 wherein the dwelling unit
provides a non -institutional residential environment in
which the occupants willingly subject themselves to
rules and conditions intended to encourage and
sustain their recovery. The residents of a sober house
are similar to a family unit and share kitchen and
bathroom facilities and other common areas of the
unit. Sober houses are financially self-supporting.
This definition does not include facilities that receive
operating revenue from governmental sources or
those that provide on -site supportive services to
residents, including but not limited to the following:
mental health services; clinical rehabilitation services,
social services; legal services; medical, dental,
nutritional, and other health care services; financial
management services; legal services; vocational
services; and other similar supportive services.
9-8C-3: LICENSE REQUIRED: No person, firm or corporation shall allow
the use of a sober house in the City until a license has been applied for and
issued by the City of Andover. Any sober houses existing prior to the adoption of
this Article must also follow and abide by the requirements set forth in this Article.
A license is not required for those entities that are licensed by State or County
government agencies affording the same safeguards and protections as set forth
in this Article.
9-8C-4: APPLICATION FOR LICENSE: Applications for a sober house
license shall be made in writing to the City by the owner of the sober house
dwelling unit(s) or his/her designated agent. Prior to issuance or renewal of a
sober house license, the owner shall submit a completed application to the
Planning Department, pay an application fee as determined by City Council, and
comply with all inspection requirements.
A. The following persons shall be authorized to sign and submit a
sober house license application:
If the owner is a natural person, by the owner thereof.
If the owner is a corporation, by an officer thereof.
If the owner is a partnership, by a partner thereof.
B. Before any license required by this Article shall be issued or
renewed, the owner shall submit the following information on forms
provided by the City:
Name, address and phone number of the property owner.
Name, address and phone number of the property manager
if different from the property owner.
Name, address and phone number of the designated agent
(if applicable).
4. The street address and property identification number of the
property.
Description of the number of units and number of bedrooms
in each unit.
An acknowledgement that the owner or designated agent
has received a copy of this ordinance.
A management plan for the facility found to be acceptable by
the City to ensure the legitimacy of the sober house.
A floor plan showing dimensions and locations of bedrooms,
common areas, kitchen, bathrooms, exits and any other
rooms requested by the City.
A Crime Free/Drug Free Lease Addendum signed by and
applicable to all occupants of the Sober House.
9-8C-5: INSPECTIONS OF DWELLINGS: Upon receipt of a properly
executed application for licensing and receipt of the appropriate fee, the City
Administrator or his/her designee shall complete an initial inspection of the
premises to determine whether the property is in compliance with this Chapter.
Any sober house dwelling may be re -inspected after a renewal application or
transfer of license is filed to determine compliance. The City Administrator or
his/her designee shall further have the right to re -inspect the premises at any
time it is deemed necessary to assure compliance with this Chapter.
A. The City Administrator or his/her designee shall be authorized to
make or cause to be made inspections to determine the condition
of dwellings, multiple dwellings, dwelling units, rooming houses,
rooming units, and premises in order to safeguard the health,
safety, morals, and welfare of the public. The City Administrator, or
his/her designee, shall be authorized to enter any dwelling, multiple
dwelling, dwelling unit, rooming house, rooming unit, or premises at
any reasonable time for the purpose of performing his/her duties
under this Article. The owner, operator, or occupant of every
dwelling, multiple dwelling, dwelling unit, rooming house, rooming
unit, and premises, or the person in charge thereof, shall give the
City Administrator or his/her designee free access to such dwelling,
multiple dwelling, dwelling unit, rooming house, rooming unit and
premises on which it is located at all reasonable times for the
purpose of such inspection, examination and survey.
B. If the owner, operator, person in charge, or occupant shall refuse to
consent to the inspection, a search warrant may be obtained. If the
City finds it necessary to obtain an administrative search warrant to
enter the property for inspection due to the owner, operator, person
in charge or occupant's lack of cooperation, said person or persons
may also be charged with all costs of obtaining the warrant
including court costs and attorney's fees.
C. No warrant is needed where an emergency condition exists which
endangers persons or property and insufficient time is available to
obtain a warrant and protect such endangered persons or property.
D. Entry under this Section is subject to Minnesota Statutes, Section
50413.211 (Residential tenant's right to privacy) as amended.
9-8C-6: AGENT REQUIRED: Any property owner who does not live in the
state shall appoint, on the license application, an agent residing within the State
of Minnesota upon which agent the City may serve notices pertaining to the
administration of this Article or any provisions of the City Code pertaining to such
dwelling unit.
9-8C-7: LENGTH AND RENEWAL OF LICENSE: The license period shall
commence upon issuance of the license. A sober house license shall be issued
for a period of one (1) year.
9-8C-8: TRANSFER OF LICENSE: A sober house license is transferable to
any person who has actually acquired legal ownership of a licensed building for
the unexpired portion of the term for which it was issued or reissued; provided,
that the application to transfer such registration is filed with the City within thirty
(30) days of closing and the transferee is not disqualified from holding a license
due to prior revocation, suspension, or denial of a sober house license. The
sober house license shall terminate upon failure to apply for its transfer within
thirty (30) days of closing.
9-8C-9: LICENSE SUSPENSION, REVOCATION, DENIAL AND NON -
RENEWAL:
A. The City Council may revoke, suspend, deny or decline to renew
any sober house license issued under this Article upon any of the
following grounds:
False statements on any application or other
information or report required by this Article to be
given by the applicant or licensee.
Failure to pay any license or reinstatement fee
required by this Article.
Failure to correct deficiencies noted in notices of
violation in the time specified in the notice.
4. Any other violation of the property maintenance,
zoning, environmental, and utility chapters of City
Code.
B. No action will be taken by the City Council to revoke, suspend,
deny, or decline renewal of a sober house license without a public
hearing and written notice of that hearing being sent to the property
owner, agent, and affected tenants a minimum of ten days prior to
the hearing.
C. The City Council shall give due regard to the frequency and
seriousness of the violations, the ease with which such violations
could have been cured or avoided, and good faith efforts to comply
and shall issue a decision to revoke, suspend, deny, or decline
renewal of a license only upon written findings.
D. The City Council may revoke, suspend, deny or decline renewal of
a license for part or all of a facility.
E. Upon a decision to revoke, suspend, deny or decline renewal of a
license, no new application for the same facility will be accepted for
a period of time as specified in the City Council's written decision,
which time shall not exceed one year. All new applications shall be
accompanied by a reinstatement fee as required by this Article.
F. A written decision to revoke, suspend, deny or decline renewal of a
license or application shall specify the part or parts of the facility to
which it applies. Thereafter, and until a license is reissued or
reinstated, no units becoming vacant in such part or parts of the
facility may be re -let or occupied. Revocation, suspension, denial or
non -renewal of a license shall not excuse the owner from
compliance with all terms of this Article for as long as any units in
the facility are occupied. Failure to comply with all terms of this
Article during the term of revocation, suspension, denial or non -
renewal is a misdemeanor and grounds for an extension of the term
of such revocation, suspension, or non -renewal, or for a decision
not to reinstate the license, notwithstanding any limitations on the
period of suspension, revocation, denial or non -renewal specified in
the City Council's written decision or in paragraph E of this Section.
9-8C-10: DISPLAY OF LICENSE: Licenses issued under this Article must be
displayed on the premises of sober house dwellings. All property owners must
produce a copy of the sober house license upon demand of a prospective tenant
or City official.
9-8C-11: FEES: Sober house license fees and reinstatement fees are to be
determined by the City Council.
9-8C-12: NO RETALIATION: No licensee shall evict, threaten to evict, or
take any other punitive action against any tenant who, by reason of good faith,
calls City officials related to public safety or property maintenance concerns. This
Section shall not prohibit the eviction of tenants from a sober house dwelling for
unlawful conduct of a tenant or invitee for violations of any rules, regulations, or
lease terms other than a prohibition against contacting City officials.
9-8C-13: SUMMARY ACTION: When the conduct of any license holder or
their agent, representative, employee or lessee or the condition of their dwelling
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 City shall have the authority to summarily condemn or post
for no occupancy such area of the rental dwelling.
9-8C-14: SEVERABILITY CLAUSE: If any section, subsection, sentence,
clause or phrase of this Article is for any reason held to be invalid, such decision
shall not affect the validity of the remaining portions of this Article.
9-8C-15: VIOLATIONS AND PENALTIES: Any person violating any
provision of this Article is guilty of a misdemeanor and upon conviction shall be
subject to the penalties set forth in Minnesota Statutes.
9-8C-16: REASONABLE ACCOMMODATIONS: It is the policy of the City,
pursuant to the Federal Fair Housing Amendments Act of 1988, to provide
reasonable accommodations in the application of its zoning regulations for
persons with disabilities seeking fair and equal access to housing. Reasonable
accommodation means providing an individual with a disability or developers of
housing for an individual with a disability flexibility in the application of land use
and zoning regulations or policies, including the modification or waiver of certain
requirements, when it is necessary to eliminate barriers to housing opportunities.
The purpose of this subdivision is to establish a process for making and acting
upon requests to reasonable accommodation.
A. Any person who requests reasonable accommodation in the form of
modification in the application of a zoning regulation which may act
as a barrier to fair housing opportunities due to the disability of
existing or proposed residents may do so on an application form
provided by the City. 'Person" includes any individual with a
disability, his or her representative or a developer or provider of
housing for an individual, with a disability. The application shall
include a detailed explanation of why the modification is reasonably
necessary to make the specific housing available to the person(s),
including information establishing that the applicant is disabled
under applicable laws, as well as other information required by the
City to make the determination. If the project for which the request
is being made also requires an additional land use review or
approval, the applicant shall file the request concurrently with the
land use review.
B. The City shall review the request and make a recommendation to
the City Council. The request shall be evaluated under the following
factors:
Whether there is a qualifying disability;
2. Whether the request is needed to allow a disabled person
equal opportunity to use and enjoy a dwelling or to live in a
particular neighborhood as a person without disabilities;
3. Whether the request is reasonable, considering the potential
impact on surrounding uses, the extent to which the
accommodation meets the stated need, and other
alternatives that may meet that need;
4. Whether the request would constitute a fundamental
alternation of the City's regulations, policies, or procedures;
5. Whether the request would impose an undue financial or
administrative burden on the City; and
6. Any other factor that may have a bearing on request, as
determined by the City
C. The City Council shall consider the request following receipt of the
recommendation of the City staff. Notice of the meeting at which
the City Council will evaluate the request shall be mailed at least 10
days before the meeting to the owner of all properties located within
350 feet of the property subject to the request.
D. An approved request is granted only to an individual and does not
run with the land unless the City determines that the
accommodation is physically integrated into the residential structure
and cannot easily be removed or altered or the accommodation is
to be used by another individual with a disability.
E. No sober house granted a reasonable accommodation shall be
located within 1,320 feet of another sober house that has been
granted a reasonable accommodation, as measured from the
property lines closest to one another.
By adoption of this Ordinance, the City Council authorizes the City Clerk to make
any minor administrative adjustments to the City Code including renumbering of
chapters or sections necessitated by adoption of the Ordinance.
Adopted by the City Council of the City of Andover on this 2"d day of February
2021.
ATTEST:
Mic elle Hartner, Deputy City Clerk
CITY OF rr •
r �_
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 515
AN ORDINANCE AMENDMENDING CITY CODE 1-7-3 ESTABLISHING PERMIT FEES, SERVICE
CHARGES, AND VARIOUS OTHER FEES TO BE COLLECTED BY THE CITY OF ANDOVER.
Administration:
Administrative Fee: (non -project related activity)
15% of total charges for overhead costs
Advertising:
Ice Arena
Wall Banner —4x8
$600.00 per year
Wall Banner — 8x8
$1,000.00 per year
Dasher Board — 3x8
$500.00 per year
In Ice Ad
$1,200.00 per year
Zamboni — side panel
$600.00 per year
Scoreboard — lighted
$1,000.00 per year
Scoreboard — non -lighted
$750.00 per year
Field House
Wall Banner —4x8
$600.00 per year
Wall Banner — 8x8
$1,000.00 per year
Scoreboard — 2x8
$350.00 per year
Parks
Fence Banner
$240.00 per a two-year sign agreement
ApprovaVRecording of Deeds:
Abstract & Torrens Properties
$100.00
Bad Check Fee:
$30.00
Building Lease Damage Deposit:
$500.00 (If deposit is used for a repair, it must be made whole for the
duration of the lease.
Canvasser/Solicitor License:
Investigation Fee $25.00 per individual — 30 day license Ord 352
City Code Amendment:
$500.00
City Publications:
Budget
$25.00
Financial Statements
$25.00
Comp Plan
$25.00
Compliance Order Appeal
$50.00
Convenience Fee —Online Permits
3.95% plus $2.00 rounded up to the nearest dollar
Copies: (per sheet)
Up to 8 %:" x 14"
$0.35
Oversize
$0.50
18"x24"
$3.00
24"x36"
$4.00
Larger Sizes
$7.00
Surveys
$3.00
Surveys Requested by Owner
$1.25
City Code — paper co
$50.00
Dog Licensing:
Yearly License
$6.00 per year
Commercial Kennel (more than 3 dogs)
$380.00 - includes mailing labels
Commercial Kennel Recording Fees
Abstract and Torrens
$100.00
Private Kennel (more than 3 dogs)
$200.00 Includes mailing labels
Annual Kennel Renewals
$25.00
RENTAL HOUSING LICENSE FEES:
Single -Family Rental Housing
License
Two -Year Rental License & Inspection Fee
$50.00 per unit
SEE ORDINANCE
Multifamily Rental Housing
Two -Year Rental License & Inspection Fee -
$75.00 per licensed unit
License
Structure without fire suppression systems
(except owner occupied)
(SEE ORDINANCE)
Two -Year Rental License & Inspection Fee -
$52.00 per licensed unit
Structure with fire suppression systems
(except owner occupied)
Single Family &
Re -inspection — Fee Per Valid Complaint
$50.00 per re -inspection
Multifamily
Single Family & Multifamily
License Reinstatement After Revocation,
Reinstatement Fee
Suspension, Denial or Non -Renewal by the City
$1,000.00 per dwelling unit
Council
[OUSE LICENSE FEES:
Sober House License
(SEE ORDINANCE)
One -Year License & Inspection Fee
$75.00 per unit
Sober House License
Re -inspection —Fee Per Valid Complaint
$50.00 per re -inspection
Sober House License
License Reinstatement After Revocation,
Reinstatement Fee
Suspension, Denial or Non -Renewal by the City
$1,000.00 per dwelling unit
Council
Adopted by the City Council of the City of Andover this 2" day of February 2021.
Attest:
is elle Harmer —Deputy City Clerk
CITY OF ••
'. .
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 515 SUMMARY
AN ORDINANCE REPEALLING CITY CODE TITLE 9, CHAPTER 8: RENTAL HOUSING
DWELLINGS AND CITY CODE TITLE 9, CHAPTER 9: HOUSING MAINTENANCE CODE AND
ORDAINING CITY CODE TITLE 9, BUILDING REGULATIONS, CHAPTER 8: PROPERTY
MAINTENANCE STANDARDS
STATUTORY AUTHORIZATION AND POLICY
Statutory Authorization
This ordinance amendment is adopted pursuant to the authorization and policies contained in Minnesota
Statute 412.
Policy
The purpose of the Ordinance is to protect the public health, safety, morals and welfare of residents of the City
of Andover. The Ordinance repeals the existing City Code 9-8: Rental Housing Dwellings and City Code 9-9:
Housing Maintenance Code and replaces it with City Code 9-8: Property Maintenance Standards. The
Ordinance also makes amendments to City Code 1-7-3 in order to align the City's Fee Schedule with the newly
adopted Ordinance. Rental license holders will be notified of any changes impacting their license at the time
of rental license renewal.
GENERAL PROVISIONS AND DEFINITIONS
Jurisdiction
The provisions of this ordinance shall apply to the City of Andover.
Enforcement
The City Administrator or his/her designee shall have the authority to enforce the provisions of this
ordinance.
Interpretation
Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be
liberally construed in the favor of the governing body.
A printed copy of this ordinance is available for inspection by any person during regular hours of the City
Clerk.
Adopted by the City Council of the City of Andover on this 2nd day of February 2021.
ATTEST: CITY OF ANDOVER
i l
Mlle Harmer, Deputy City Clerk Sheri Bu ' a, Mayo