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HomeMy WebLinkAboutOrd. 267 - Housing Maintenance Code CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 267 AN ORDINANCE ESTABLISHING A HOUSING MAINTENANCE CODE FOR THE CITY OF ANDOVER. An Ordinance repealing Ordinance No. 100 adopted Apri121, 1992. The City Council of Andover hereby ordains as follows: Section 1. Purpose. The purpose of this Ordinance is to protect the public health, safety a.l1d the general welfare of the people Qfthe City. These objectives include, the follo\\ing: 1. To protect the character and stability of residential areas within the City; 2. To conect and prevent housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health; 3. To provide minimum standards for heating and sanitary equipment and for iight and ventilation necessa.ry to protect the healL1. and safety of occupants of buildings; 4. To prevent the overcrowding of dwellings; 5. To provide minimum standards for the maintenance of existing residential buildings and to thus prevent suhstandard housing and blight; 6. To preserve the value ofland 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 accepted contractual relationship between the tenant and landlord. The City Council does not intend to intervene as an advocate of either party, nor to act as arbiter, nor to be receptive to complaints from tenant or landlord which are not ordinance related. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of City government. In enacting this ordinance it is not the intention of the City Council to interfere or permit interference with legal rights to personal privacy. Section 2. Ap{llicabilitv of Ordinance. This ordinance establishes minimum standards for maintaining dwelling units, accessory structures and related premises. This ordinance is intended to provide standards for rental housing and to provide standards to allow resolution of complaints regarding owner- occupied housing. Section 3. Definitions. The following definitions shall apply in the interpretation and enforcement of this ordinance. Accessorv 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 Buildinf! Code the Minnesota State Building Code adopted by the City. Buildinf! any structure having a roof which may provide shelter or enclosure for persons, animals, or chattel, 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 ordinance. Dwellinf! a building or one (1) 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. Dwellinf! Unit one (1) family. a single fanlily dwelling or unit designed to accommodate Familv 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 house keeping unit in a dwelling unit, exclusive of usual servants. Flush Water Closet a toilet with a bowl and trap made in one (1) piece, which is connected to the City water and sewer system or other approved water supply and sewer system. 2 Garbaf!e animal and vegetable waste, resulting from the handling, preparation, cooking, marketing or processing of food, or the nonconsumed waste resulting from animals or humans consuming food. Habitable Buildin~ any building or part thereof that meets minimum standards for use as a home or place of abode by one (1) or more persons. Habitable Room a room 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, and workshops, 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 110 degrees Fahrenheit, or such lesser temperature required by government autllOrity, measured at faucet outlet. Kitchen a space which contains a sink with counter working space, space for installing cooking with refrigeration equipment, and space for the storage for cooking utensils. Maintenance upkeep of property and equipment in a safe working condition for which it was installed and/or constructed. Multiple Familv Dwellinf! dwelling units. a dwelling or portion thereof containing two (2) or more Occuvant any person (including owner operator) living, sleeping, cooking and eating in a dwelling unit or living and sleeping in a rooming unit. Overate 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, 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 ofthe estate or person of the title holder. Any person representing the actual owner shall be bound to comply with the provisions of this ordinance to the same extent as the owner. 3 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. Plumbinf! 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 nondwelling 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 (1) family. /lefuse as defined and regulated in the Zoning Ordinance. Rental Dwellinf! a dwelling unit for hire. Revair the construction or renewal of any part of an existing building or its utilities, facilities or equipment for the purpose of its maintenance. Rodent Harboraf!e their habitat. a place where rodents commonly live, nest, or establish Roominf! 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 Dwellinf! any dwelling which does not conform to the minimum standards established by City ordinances. Suvvlied paid for, furnished by, provided by or under the control of the owner, operator, or agent of a dwelling. 4 Meaning of certain words. Whenever the words "dwelling", "dwelling unit", "premises", or "structures" are used in this ordinance, they shall be construed as though they were followed by the words "or any part thereof'. Section 4. Responsibilities of Owners and Occunants. No owner or other person shall occupy or let to another person any dwelling, dwelling unit or rooming unit unless it and the premises are fit for human occupancy and comply with all applicable legal requirements of the State of Minnesota and the City, and as set forth specifically in this Section. 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 units shared along with all public areas of the dwelling and premises thereof. Housekeening of Occupied Areas. Every occupant of a dwelling, dwelling unit or rooming unit shall properly housekeep the dwelling unit and premises thereof that he/she occupies and controls. Storage and Disposal of ~efuse. Every occupant of a dwelling, dwelling unit or rooming unit shall store and dispose of all his/her refuse and garbage and any other organic waste which might provide food for insects and/or rodents in a manner approved by the city. The City requires that refuse and garbage be disposed of by a garbage hauler. Responsibility for Storage and Disposal of Garbage and Refuse. Every o\vnerofa multipie 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 the City ordinance. Responsibility for Storm and Screen Doors and Windows. The owner of a rental dwelling unit shall be responsible for providing, maintaining a..'ld hanging all screen and storm doors and storm windows whenever the same are required under the provisions of this ordinance. Responsibility for Pest Extermination. Every occupant of a dwelling containing a single 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 dwelling containing more than one (1) dwelling unit shall be responsible for such extermination whenever his/her dwelling unit is the only one infested. Notwithstanding, however, whenever infestation is caused by the failure of the owner to maintain a dwelling in a reasonable rodent-proof condition, extermination shall be the responsibility of the owner. Whenever, infestation exists in two (2) or more of the dwelling units in any dwelling or in the shared or public parts of any dwelling containing two (2) or more dwelling units, extermination thereof shall be the responsibility of the owner. 5 Rodent Harborages Prohibited in Occupied Areas. No occupant of a dwelling or dwelling unit shall accumulate boxes, firewood, lumber, scrap metal or any other similar materials in such a manner that may provide a rodent harborage in or about any dwelling or dwelling unit Outside stored materials shall be stacked neatly in plies at least four (4) inches of bare soil or ground. Rodent Harborages Prohibited in Public Areas. No owner of a dwelling containing two (2) or more dwelling units shall accumulate or permit the accumulation of boxes, lumber, scrap metal or any other similar materials in such a manner that may provide a 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 plies at least four (4) 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 or occupant ofa dwelling unit shall maintain all supplied plumbing fixtures and facilities therein. Minimum Heating Capability and Maintenance. In every dwelling urltt or rooming unit when the control of the supplied heat is the responsibility of a person other tharl the occupant, a temperature of at least seventy (70) degrees Fahrenheit or such lesser temperature required by government authority shall be maintained atfloor level, when the outdoor temperature is twenty (20) degrees below zero Fahrenheit. Removal of Snow and Ice. The owner of any rental dwelling shall be responsible for the removal of snow and ice from parking lots and/or driveways, steps and walkways on the premises. Individual snowfalls of three (3) inches or more or successive snowfall accumulations to a depth of three (3) inches shall be removed from walkways and steps within forty-eight (48) hours after cessation of the snowfall. Minimum Exterior Lighting. The owner of a rental dwelling or dwellings shall be responsible for providing and maintaining in good conditions paved and delineated parking areas and driveways for tenants. Maintenance of Drivewav and Parking Areas. The owner of a multiple family dwelling or dwellings shall be responsible for providing and maintaining in good condition paved and delineated parking areas and driveways for tenants. Section 5. Minimum Standards for Basic Eauipment and Facilities. No person shall 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 comply with the following minimum standards for basic equipment and facilities. 6 Kitchen Sink. Provide a kitchen sink in good working condition which is 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 City ordinance. Cabinets/Shelves. Provide 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. Said 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. Cooking Facilities. Provide a stove or similar device for cooking food and a refrigerator similar device 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 .efficien.t operation. Such stove, refrigerator or similar devices need not be installed when a dwelling unit is not occupied and when which case sufficient space and adequate connections for the installation and operation of said stove, refrigerator or similar device must be provided. Toilet Facilities. Within every dwelling unit there shall be a nonhabitable 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 heater closet to be operated properly, and all shall be connected to a sewer system in compliance with City ordinance. Lavatory Sink. Within every dwelling unit there shall be a lavatory sink. Said lavatory sink may be in the same room as the flush water closet, or 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 provide at all times an adequate amount of heated and unheated running water under pressure and shall be connected to an approved sewer system in compliance with City ordinance. Bathtub or Shower. Within every dwelling unit there shall be a nonhabitable 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 an approved sewer system in compliance with City ordinance. 7 Section 6. Stairways. Porches and Balconies. Every stairway, inside or outside of a dwelling, and every porch or balcony shall be kept in safe condition and sound repair. Stairs and handrails shall conform to the Andover Building Code standards. Every porch, balcony or deck which is thirty (30) inches or more above grade shall have a guardrail and 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 supports. 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. Section 7. Access to Dwellinl! Units. Access to or egress from each dwelling unit shall be provided without passing through any other dwelling unit. Section 8. Door Locks. No O\'il1er shall let or rent to another for occupancy any dwelling or dwelling unit unless all exterior doors Qfthe dwelling or dwelling units are equipped with safe, functioning locking devices. Rental dwellings shall be furnished with door locks as follows: 1. 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 doors 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 key cylinders on the outside of the building entrance doors. Building entrance doors latches shall be of type that are permanently locked. 2. 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. 3. 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 Section 8( 1). 8 Section 9. Minimum Standards for Lie:ht and Ventilation. No person shall occupy as owner, occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not comply with the following minimum standards for light and ventilation. 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 (1) window facing directly outdoors which can be opened easily. The minimum total of openable window area in every habitable room shall be greater often (10) percent of the floor area of the room, with a minimum often (10) square feet. Nonhabitable Room Ventilation. Every bathroom and water closet compartment, and every laundry and utility room shall be provided with natural ventilation by means of windows, or skylights having an area of not less than ten (10) percent of the floor area of such rooms, with a minimum ofthree (3) square feet, except that no windows shall be required if such rooms are equipped with a ventilation system which is approved by the Building Official. Electric Service. Outlets and Fixtures. Every dwelling 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 ordinance, rules and regulations of the City and by 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 (1) or two (2) dwelling units shall have at least the equivalent of 100 ampere, three-wire electric service per dwelling unit. 2. Each dwelling unit shall have at least one (1) branch electric circuit for each 600 square feet of dwelling unit floor area. 3. Every habitable room shall contain one (1) electrical convenience outlet for each twelve (12) lineal feet, or major fraction thereof, measured horizontally around the room at the baseboard line, provided that in each one (1) ceiling-type electric light fixture may be substituted for one (1) of the required electrical convenience outlets. 4. 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 5. Every public hall and public stairway in every multiple dwelling shall be adequately lighted to provide at least ten (10) foot candles of illumination 9 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 provided 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. 6. 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. Section 10. Minimal Thermal Standards. No person shall occupy as owner, occupant or let to another for occupancy any dwelling or dwelling 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 temperature of at least seventy (70) degrees Fahrenheit or such lesser temperature required by government authority to be maintained at floor level, when the outdoor temperature is twenty (20) degrees below zero Fahrenheit. 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. Portable heating equipment employing flame and the use of liquid fuel does not meet the requirement of this Section and is prohibited. 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. Section 11. General Requirements. No person shall occupy as owner, occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not comply with the following requirements: 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 10 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 approximately twenty-five (25) percent or more of the total 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 approximately twenty-five (25) percent or more of the total exterior surface of the pointing of any brick, block or stone wall is loose or has fallen out, the surface shall be prepared. Windows, Doors. and Screens. Every window, exterior door and hatch way 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 and closed. 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. 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. Rodent Proof. Buildings found to be rodent infested shall be made rodent resistant. All openings in the exterior walls, foundations, basements, ground or first floors and roofs which have 1/2 foot diameter or larger opening shall be rodent proofed in an approved maimer. Interior floors or basements, cellars and other areas in contact with the soil shall be paved with concrete or other rodent impervious materiaL 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 materials. 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. Accessorv 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. Safe Building Elements. Every foundation, roof, floor exterior and interior wall, ceiling, inside and outside stair, every porch and balcony, and every appurtenance thereto, shall be safe to use and capable of supporting normal structural loads. 11 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. Section 12. Maintenance Standards. Every dwelling within the City shall conform to the Uniform Building Code. Section 13. Maximum Densitv. Minimum Space. for Rental Units. No person shall permit or let to be occupied any rental dwelling for the purpose of living therein which does not comply with the following requirements: 1. Permissible Occuoancv of Dwelling Unit. The maximum permissible occupancy of any rental dwelling unit shall be determined as follows: A. For the first occupant, 150 square feet of habitable room floor space and for every additional occupant thereof, at least 100 square feet of habitable room floor space. B. In no event shall the total number of occupants exceed two (2) times the number of habitable rooms, less kitchen, in the dwelling unit. 2. One (1) Familv Per Dwelling Unit. Not more than one (1) family, except for temporary guests, shall occupy a dwelling unit. Section 14. Enforcement and Ins{lection Authoritv. The Building Official shall administer and enforce the provisions of this ordinance when reason exists to believe that a violation of the provisions of this ordinance has been or is being committed. Inspections shall be conducted during reasonable hours and the Building Official shall present evidence of his /her official capacity to the owner or occupant in charge of the dwelling unit. The Building Official shall keep confidential all evidence, exclusive of the inspection record, which he/she may discover or obtain in the course of an inspection made pursuant to this Section and such evidence shall be considered privileged. 12 Section 15. Inspection Access. If any owner, occupant, or other person in charge of a dwelling, dwelling unit, rooming unit, or of a multiple dwelling fails or refuses to permit free access and entry to the structure or premises under his control, or any part thereof, with respect to which an inspection authorized by this ordinance is sought to be made, the Building Official may, upon a showing that probable cause exists for the inspection and for the issuance of an order directing compliance with the inspection requirements of this section with respect to such dwelling, dwelling unit; rooming unit, or multiple dwelling, petition and obtain such order from a court of competent jurisdiction. Section 16. Unfit for Human Habitation. Any dwelling, dwelling unit or rooming unit or portion thereof which is damaged, decaying, dilapidated, unsanitary, unsafe, vermin or rodent infested or which lacks provision for basic illumination, ventilation or sanitary facilities to the extent that the defects create a hazard to the health, safety or welfare of the occupants or of the public may be declared unfit for human habitation. Whenever any dwelling, dwelling unit or rooming unit has been declared unfit, the Building Official shall order same vacated within a reasonable time and shall post a placard on same indicating that it is unfit for hlilllan habitation, and any operating license previously issued for such dwelling shall be revoked pursuaIlt to law. It shall be unlawf,ll 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 It shall be unlawful for any person to deface or remove the declaration placard from any such dwelling unit Section 17. Secure Unfit and Vacant Dwellings. The owner of any dwelling, dwelling unit or rooming unit which has been declared unfit for human habitation or which is otherwise vacant for a period of sixty (60) days or more shall 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. Section 18. Hazardous Buildin!! Declaration. In the event that a dwelling 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, Section 463.15 to 463.26. 13 Section 19. ComDliance Order. Whenever the Building Official determines that and 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 setting forth violations of the ordinance and ordering the owner, occupant, operator or agent to correct such violations. This Compliance Order shall: 1. Be in writing. 2. Describe the location and nature of the violations of this ordinance. 3. Establish a reasonable time frame, not to exceed sixty (60) days, to correct such violation and notify the owner of his appeal recourse. 4. Be served upon the owner, operator and occupant, or any of them, provided that such notice shall be deemed to be properly served upon such owner, operator, or occupant, if a copy thereof is: A. Served to he/she personally; or B. Sent by registered mail to hislher last known address; C. Upon failure to effect notice through (a) or (b) as set out in this section, service may be made pursuant to Minnesota Statutes 463.17, Subd. 2, which reads as follows: This order shall be served upon the owner of record, of his agent is in charge of the building, and upon the occupying tenant, if there is one, and upon all lien holders of record, in the manner provided for service of a summons in a civil action. If the owner cannot be found, the order shall be served upon him by posting it at the main entrance to the building and by four weeks publication in the official newspaper of the municipality if it has one, otherwise in a legal newspaper in the County."; or D. Pursuant to Minnesota Statutes, Section 145.22. Section 20. Ril!ht to ADpeal. When it is alleged by any person to whom a Compliance Order is directed that such Compliance Order is based upon erroneous interpretation of this ordinance, or upon a misstatement or mistake of fact, such person may appeal the Compliance Order to the City Council. Such appeal, must be accompanied by a filing fee as designated by City Council in cash or cashier's check and must be filed with the Building Official within five (5) business days after service of the Compliance Order. The filing of an appeal shall 14 stay all proceedings in furtherance of the action appealed from unless such stay would cause imminent peril to life, health or property. Section 21. Board of Ap{Jeal's Decision. Upon at least five (5) business days notice to the appellant the time and place for hearing the appeal and within thirty (30) days after said appeal is filed, the City Council shall hold a hearing thereon. The City Council shall fmd that the order be reversed, modified or affirmed in whole or in part. Section 22. Restrictions or Transfer or Ownership. It shall be unlawful for the owner of any dwelling, dwelling unit or rooming unit 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 securing an interest in the dwelling, dwelling unit or rooming unit 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 to all penalties and procedures provided by this ordinance. Section 23. Pena~Jjes. 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. Section 24. Execution of Compliance Orders bv Public Authoritv. 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 after due notice to the owner 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 Chapter 429, for any reasons set forth in Section 429.101, Subd. 1, 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 Section 429.101 of the Minnesota Statutes to promote the public's health, safety and general welfare. 15 Section 25. Severability Clause. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Adopted by the City Council of the City of Andover on this 20th day of Julv. 1999. CITY OF ANDOVER ATTEST: ~ tJy/L Victoria V olk, City Clerk 16 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 267 SUMMARY AN ORDINANCE ESTABLISHING A HOUSING MAINTENANCE CODE FOR THE CITY OF ANDOVER. STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500- 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. Policy The purpose of this ordinance is to provide minimum standards for the maintenance of rental dwelling units in the City. The housing maintenance code is hereby adopted to protect the character and stability of residential areas within the City and prevent substandard housing and blight. Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement The Building Official or his/her designees shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provision of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. Abrogation and Greater Restrictions It is not the intent of this ordinance to repeal, abrogate, or impair any existing easement, covenants or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. A printed copy of this ordinance is available for inspection by any person during regular office hours of the City Clerk and at the Andover Branch of the Anoka County Library. Adopted by the City Council of the City of Andover on this 3rd day of August, 1999. ATTEST: CITY OF ANDOVER ~dtb Victoria V olk, City Clerk . t RJc/{L