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Home My WebLink About09/24/02CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55344 • (763),755-5100, FAX (763) 755 -6923 Andover Planning and Zoning Commission Meeting Agenda September24, 2002 Andover City Hall Council Chambers 7:00 p.m. 1. Call to Order 2. Approval of Minutes = September 10, 2002 3. Variance (02 -10) to vary from side yard setback for existing structure located at 17536 Quay Street NW . 4. PUBLIC HEARING: Lot Split '(02 -09) to create a new, rural residential,; property from property located at 16030 Makah Street NW. 5. PUBLIC .HEARING: Consider amendment to Ordinance 8, Section 4.19 Two Family Horne Conversions and Ordinance 8, Section 7.03 Special Uses to establish requirements for converting attached two' family dwellings to allow separate ownership.;, 6. PUBLIC. HEARING: Consider amendment to Ordinance 8, Section 7.01 and 7.03, to establish that apartments should be removed from Permitted Uses in the Multiple Dwelling (M -1 and M -2) Zoning Districts, and allowed only by Special Use Permit in each of those Zoning Districts. 7. PUBLIC "HEARING: Consider amendment to Ordinance 266. Rental Housing revising property maintenance standards for rental housing. 8. PUBLIC REAIUNG: Consider Ordinance amendment to Ordinance 10, Section 6 Sketch Plan and Section 7 Preliminary Plat to conform with State Statute regarding processing of applications. 9. Adjournrnent . CITY of ANDOVER , TO: Planning' and Zoning Commissioners FROM: Courtney Bednarz, City Planner SUBJECT: Item2., Approval of Minutes - September 10,2002 DATE: September 24,2002 ------------------ CITY of ANDOVER ]JLAlVNINGAND ZONING COMMisSION MEETING-SEPTEMBER 10,2002 The Regular Bi-MontWy Meeting of the Andover Planning and Zomng,Conmrlssion""as called to order by Chairperson Jay Squires on September 10,2002, 8:,05 p.m.; at. the Andover City Hall, 1685 Crosstown BoulevardNW, Andover, Minnesota. Conunissioners present: Chairperson Jay Squires, CoIll,ID.issioners Tim,I<it:choff, Douglas Falk, Tony Gamache, Rex Greenwald, Dean. Daningerand Paqia Larsen. , COmIllissioners absent: ' There were none. Also present: APP/lOVAL OF MINUTES. August 13,2002 , ' Motioh by DaniJ;lger, seconded by Galllache, to approve the minutes as presented. Motion carried on a7.ayes,0-nays, O-present, O-absent vote. ' ' PUBLICHEARING:CONSIDE'R AMENDMENT,'TO SPEClALt!SEPlZRMIT1J7- 03 TO ADJUSTBOUNI>ARIES OFALLOWEDRETAlLTR4DEANDSERVICES IN ANIlVDUSTRIALZONINGDISTR/CT FOR BEBERGLANDSCAPINGAT 13540 HANSONBOULEVARJ) NW. Mr. Bednarz explained that staffrevisiieQtheresolution from the 1997 case and ' discovered that the approvalfor retail sales in an industrial district was given for the entire east half of Let 13,Watts Garden Acres. Noamendlnent to the boundaries of, this , , approval is necessary. He summarized the legal description in the resolutionfrolp 1997, and showed illustrationsofthe area. '. , This was pulled from the agenda. The Commission 'took no action. " Regular Andover Planning and Zoning Commission Meeting Minutes — September 10, 2002 Page 2 • VARJANCE (02 -10): VARJANCE TO ORDINANCE 8, SECTION 4.21 FENCES TO INCREASE FENCE HEIGHT FROM FOUR FEET TO SIX FEET IN THE FRONT YARD FOR PROPERTYLOCATED AT 13540 HANSONBOULEVARD NW. Mr. Bednarz explained that the applicant is seeking a variance to allow a six -foot tall ornamental fence in the front yard of the subject property. He stated a new property is being created for Beberg Landscaping. The new building will face Grouse Street NW. The property will be given a Grouse Street address. Due to the location of the new business on the corner of Grouse Street NW and Station Parkway, the front yard exists on both the west and south sides of the proposed building. Mr. Bednarz showed maps and discussed the Ordinance with the Commission. Commissioner Kirchoff asked if there would still be access from Hanson Boulevard. Mr. Bednarz stated access is shared by Beberg and Roger's Auto Body currently. He stated this access would be gated off and used for delivers; Hanson Boulevard access would no longer be the primary access for the Beberg site. Commissioner Larsen asked how would they account for the visual obstruction created by the fence. Mr. Bednarz stated with all fences and obstructions they look for a clear view triangle and they believe it can be satisfied. He stated they would move the fence • off the property line and curb area to the parking area. Commissioner Gamache asked if this fence did not conform to the ordinance just passed. Mr. Bednarz stated they changed the ordinance from four to six feet in the R -1 and R -2 zoning districts for residential not for commercial. Commissioner Falk asked if there would be room for a sidewalk on Commercial Boulevard. Mr. Bednarz stated there would be. Commissioner Falk asked how far is the property line from the curb. Bednarz stated it is approximately thirteen feet from the property line to the street. Commissioner Daninger stated there was some discussion regarding the maximum and minimum distance between the bars in the fence because of the safety and this does not apply to commercial property but he would like to staff to discuss this with the applicant. He also stated there was another issue about having vines growing on the fence and he would not like that to happen or not allow them to display a banner on the fence. Mr. Bednarz stated signs would be regulated by the temporary sign ordinance and the fence will be located so you would not need to see through the fence for traffic visibility. Commissioner Gamache stated they could be giving a variance for a solid fence. Mr. Bednarz stated the applicant has proposed a wrought iron fence to improve the image of the outside sales area. 0 Regular Andover Planning and Zoning Commission Meeting Minutes — September 10, 2002 Page 3 • Chairperson Squires stated they do not have the authority to attach conditions to the variance. He stated he was not clear on some information in the letter Mr. Beberg wrote to the City. He asked Mr. Beberg what the plans were for the retaining wall. Mr. Beberg stated there is currently a four -foot retaining wall on the corner of Grouse street and it is in the right -of -way and the intersection site above his property at that corner. He stated if the fence were located next to the retaining wall, a person would be able to use the retaining wall to jump over the fence. He stated they wanted to locate the fence further away from the retaining wall to prevent this. Motion by Greenwald, seconded by Kirchoff, to recommend to the City Council a variance to allow an ornament fence as defined by the Cities definition of ornamental as used in the Ordinance for R -1, up to six feet in height in the front yard setback area. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote Mr. Bednarz asked Mr. Beberg if this would be a wrought iron fence. Mr. Beberg stated that it is actually a black steel fence. Mr. Bednarz stated a lot of times they see an aluminum product for the fence because it does not rust and it lasts longer. He stated ornamental might be more appropriate. Commissioner Gamache asked if they should specify ornamental as defined by the Cities definition of ornamental as they used in the previous ordinance for R -1. Mr. Bednarz stated he would be comfortable with that. Mr. Bednarz stated that this item would be before the Council at the October 1, 2002 City Council meeting. PUBLIC HEARING: CONSIDER ESTABLISHING BUNKER LAKE BOULEVARD OVERLAY ZONING DISTRICT. Mr. Bednarz explained that staff was asked to prepare an overlay zoning district to guide future development along Bunker Lake Boulevard. Subsequently a decision was made to continue to utilize the standard Andover Station covenant document that has been a part of the sale of the EDA owned land in the past. Therefore, no overlay district will be needed at this time. This was pulled from the agenda. The Commission did not take any action. PUBLIC HEARING: COMPREHENSIVE PLANAMENDMENT (02 -04) TO CHANGE THE LAND USE DESIGNATION FROM GENERAL COMMERCIAL TO LOW DENSITYRESIDENTIAL FOR PROPERTYLOCA TED NORTHWEST OF THE INTERSECTION OF BUNKER LAKE BOULEVARD AND HANSON BOULEVARD. • Regular Andover Planning and Zoning Commission Meeting Minutes — September 10, 2002 Page 4 • Mr. Bednarz explained the Comprehensive Land Use Plan of the City of Andover was adopted in December of 2001. As required by State Statute, any proposed changes to the Land Use Plan shall be reviewed at a public hearing and approved by the local elected officials. The proposed change is considered a minor amendment of the Comprehensive Plan due to the size being less than 40 acres. The City has developed a master plan for the area known as "Andover Station North" and is recommending that the land use plan be amended to reflect a transitional area of low density residential between the existing residential area and the new commercial development that is expected. Commissioner Kirchoff asked if less than half of the property is buildable. Mr. Bednarz stated the majority of the area is already developed. He showed the Commission the areas that are already developed. Commissioner Greenwald asked if 139 Avenue would connect over to the Jay Street Connection, because if they build an urban low density residential, it would change the dynamics of the existing area. Mr. Bednarz stated there was going to be discussion regarding the pros and cons of making a connection from that neighborhood to this development. He stated there would likely be a connection to the low - density neighborhood, but he did not know if it would go all the way through to the commercial property. Commissioner Greenwald asked what urban low density residential was. Mr. Bednarz stated it is single - family housing. He stated the west side of the property • contains some mature tree stands and wetland areas as opposed to open fields. Commissioner Greenwald asked what was proposed for the urban residential high density area. Mr. Bednarz stated this was unknown and may be an opportunity to blend the high and low density areas together to create a more integrated project. Commissioner Kirchoff stated if this is a high density, they might want to look at the two connections. Mr. Bednarz stated these are the types of issues they would talk about with a developer when a proposal is brought forward. Commissioner Greenwald asked who owned the fifteen -acre land. Mr. Bednarz stated Pov's owns it and the City owns the high - density area of ten acres. Commissioner Greenwald asked if Pov's knew about the Cities plans to rezone the property. Mr. Bednarz stated they did. Chairperson Squires stated the City has the right to rezone property whether the property owner agrees or not. Mr. Bednarz stated Pov's was contacted and is amenable to this change. Motion by Gamache, seconded by Kirchoff, to open the public hearing at 8:29 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Wesley Silinger, 13959 Nightingale Street stated he was not notified about this but was wondering what the City had in mind with the development. He wanted to know if this would be single - family and townhomes and not rental. Mr. Bednarz stated as far as • he knew the City was not going to sell the property for a rental project. Mr. Silinger Regular Andover Planning and Zoning Commission Meeting Minutes — September 10, 2002 Page 5 • asked if the City would sell the property to current residents in order to keep it undeveloped. Mr. Bednarz stated that if there are individuals interested in buying property, the EDA does own the property and the party should contact City Hall and let them know there is interest. He stated from a planning staff view, the City has spent a lot of time and energy and money in reclaiming the property and getting it back to a state in which it could be developed and now is the time to recoup that investment. Mr. Silinger asked if the City wanted to reguide just the Pov's area. Mr. Bednarz stated this was true and that the City wanted to reguide the property from commercial to low density. Mr. Silinger asked what the definition of low density residential is. Bednarz stated low density residential is single - family housing of zero to four units per acre. Motion by Daninger, seconded by Kirchoff, to close the public hearing at 8:33 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Commissioner Gamache stated he sees the ball field being put where the fence is. How far from the fence are they. The dashed line on the plan was not the fence, it was the building setback line from the former landfill. Commissioner Daninger asked if there were any updates on the utility substation. Mr. Bednarz stated he has not heard anything new regarding this. • Chairperson Squires stated as far as the neighbors are concerned to change this to urban low density residential in conjunction with the residential use to the north is a good buffer, without this they would have general commercial butting up to residential which is not ideal. Motion by Gamache, seconded by Kirchoff, to recommend to the City Council the changes to the Comprehensive Plan Amendment 02 -04 to change the land use designation from general commercial to low density residential for property located northwest of the intersection of Bunker Lake Boulevard and Hanson Boulevard. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Commissioner Greenwald asked if it is contingent on the Met Council approval. Mr. Bednarz stated this is a minor plan amendment that the Met Council is aware of and the Council could approve this even while the Met Council is reviewing this. Mr. Bednarz stated that this item would be before the Council at the October 1, 2002 City Council meeting. Regular Andover Planning and Zoning Commission Meeting Minutes — September 10, 2002 Page 6 • PUBLIC HEARING: CONSIDER AMENDMENTS TO ORDINANCE 8, SECTION 6.02 MINIMUM DISTRICT PROVISIONS TO CLARIDYDIMENSIONAL AND S E T B A CK R E Q UI R E MEN T S. Mr. Bednarz explained that staff has revised a table from Section 6.02 of the Zoning Ordinance to clarify various zoning requirements such as lot size, setbacks, minimum house size, etc. This table summarizes requirements from various sections of Ordinance 8 and 10 and is intended to be an easy to read handout to provide information that is frequently requested. Mr. Bednarz further discussed this with the Commission. Chairperson Squires stated this is a clean up task to conform the table to modern day. Mr. Bednarz stated this is primarily the purpose for it but initially they were only going to change the side yard setback from property line adjacent to street but when they got into this and researched the history they found other things. Commissioner Daninger asked who put did the work on the report. Mr. Bednarz stated he prepared most of the report and he worked closely with Mr. Almgren, the Building Official and his staff. He stated all the building inspectors have been a great help. Commissioner Daninger stated he wanted to make sure credit is due were credit is due. • Commissioner Kirchoff stated on the top of the table under family homes, lots created before 1978. He asked if they had any issues since 1978 between the one -acre versus the two and a half acres in the R -2. Mr. Bednarz stated for the vast majority of the lots out there that is correct. He stated that if there is a variance they are individually covered. Motion by Greenwald, seconded by Daninger, to open the public hearing at 8:49 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. There was no public input. Motion by Greenwald, seconded by Falk, to close the public hearing at 8:49 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Commissioner Greenwald stated he thought this made a lot of sense this was cleaned up. Motion by Daninger, seconded by Larsen, to recommend to the City Council approval of the amendments to Ordinance 8, Section 6.02 Minimum District Provisions to clarify dimensional and setback requirements. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Bednarz stated that this item would be before the Council at the October 1, 2002 City Council meeting. • Regular Andover Planning and Zoning Commission Meeting Minutes — September 10, 2002 Page 7 0 OTHER BUSINESS. Mr. Bednarz mentioned that residential development used in preliminary plats need to be approved at the end of December to get work going for next year. The City is also working on rental requirements per the City Council and also to split or condominiumize twin houses and condos or four unit buildings around town to allow an owner occupied situation because typically in those neighborhoods, the housing is dominated by rental housing. Commissioner Greenwald asked regarding the land south of Tanners, would there be housing going in and where are they at on this issue. Mr. Bednarz stated the EDA interviewed five or six builders and developers after Hans Hagen indicated he was no longer interested in a project. Bos Construction was selected as the leading candidate and they were going to construct a project similar to the Hans Hagen proposal. He stated he did not think a final decision has not been made and he did not know if the EDA is going to pursue the project further. The land is still owned by the City and United Properties has an option and the City is marketing it to get someone in there to do a residential proj ect. Commissioner Greenwald asked if it would make more sense for the City to put in more • retail instead of residential in the area. Mr. Bednarz stated this is the plan for the area to the east of the new grocery store but on the south side of Station Parkway, the piece of land is residential. ADJOURNMENT. Motion by Larsen, seconded by Kirchoff, to adjourn the meeting at 8:55 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. 1 rel TO: FROM CC: Planning and Zoning Commissioners Jon Sevald, Planning Intern _�f7 Courtney Bednarz, City Planner` SUBJECT: Public Hearing: Variance (02 -10) for reduction of side yard setback at 17536 Quay Ave. NW for Eddie & Tammy Paris DATE: September 24, 2002 INTRODUCTION The applicant is proposing to build a 24 -foot by 24 -foot addition onto the second level above the existing garage. The home is non - conforming due to its 20 -foot corner side yard setback where 40 feet is the minimum allowable in the R -3 zoning district. A variance is needed to correct the non- conforning status of the existing home to allow the project to move forward. The addition over the garage on the south side of the home will not change the existing setbacks of the home in relation to 176 Avenue. DISCUSSION Applicable Ordinances Ordinance 8 Section 4.03(B) Regulating Non - Conforming Uses and Structures: 1. No Structural alteration shall be made. The resolution has been structured to limit the variance to the life of the existing structure. All future structures must be constructed in conformance with applicable ordinances. ACTION REQUIRED The Commission is asked to recommend approval or denial of the proposed variance. CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US 0 • • Attachments Resolution Location Map Sketch Photo Public Notice RECOMMENDATION It is recommended that Variance (02 -10) be approved based on the reasoning that the home existed prior to the adoption of the 40 foot side yard setback and that the addition will not further encroach upon the corner side yard setback. Respectfully submitted, Jon Sevald Cc: Eddie & Tammy Paris, 17536 Quay St. NW. • -- 2 0 • CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 11 1 1MVa[elt;I A RESOLUTION APPROVING VARIANCE REQUEST OF EDDIE AND TAMMY PARIS TO ALLOW REDUCTION OF THE CORNER SIDE YARD SETBACK FOR PROPERTY LOCATED AT 17536 QUAY STREET NW. WHEREAS, Eddie & Tammy Paris have requested a reduction of the corner side yard setback for property located at 17536 Quay Street NW, and; WHEREAS, the City Council has reviewed the request and has determined that said request does meet the criteria of Ordinance No. 8 Section 5.04, with the following findings; 1. The existing home was constructed prior to adoption of the 40 -foot setback in the R -3 zoning districts. 2. The approval of the variance does not enable further encroachment upon the corner side yard setback. WHEREAS, the City Council finds the request does not have a detrimental effect upon the health, traffic safety, and general welfare of the City of Andover. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the variance request to allow: A twenty (20) foot corner side yard setback for the existing residential structure. Adopted by the City Council of the City of Andover on this_day of , 2002. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria Volk, City Clerk • 1 3- Variance to Side Yard Setback for Existing Structure 17536 Quay Street NW 178TH I IN 3581 I 3521 I 3445 3415 3385 3345 3315 17870 17885 3804 3750 3712 3884 3828 3588 3520 3426& g 0 77762 3385 `m 17845 17757 17752 17753 8 E 17726 v 33e4 3314 � 17700 17731 17726 17733 77725 — 17702 F— 17897 17708 17709 3795 17682 17680 3309 3263 3235 17818 17657 17641 17642 17649 17615 17620 17619 17620 17617 17620 17617 3230 3208 17811 3545 17590 H 17575 17548 77559 77870 = 77559 7537 U 77541 3532 3419 3401 3349 n 3287 3253 3225 17527 17522 17623 17525 m N ° 73470 3470 3416 3400 3350 m 3300 n 3248 n n 3157 17473 3695 3628 m m n m m r 3271 3207 7455 3451 17429 3694 3354 0 0 3156 sa+a sae � � 77447 3627 17361 3539 17438 3386 17438 77437 n '^ p 3155 n 3735 3'25 ,�, $ 17421 17422 17437 17424 17425 3121 17416 3385 77406 sssi �� 17424 17409 1 74 3526 a 04 3213 3754 372; m m m m 3621 1 3558 17384 m M 3232 3212 17387 m m 77327 3123 7362 3691 3679 3687 3655 3551 3531 3511 3455 3435 3415 3349 3329 3309 1 3251 1 3231 3211 3824 3660 3636 3550 3530 3510 3454 3434 3400 3348 3328 3308 3250 3230 3210 17303 3809 3749 3731 3709 r3691 3671 3615 77285 17275 3394 17280 17247 3808 3754 17226 17247 3854 3834 3814 F 17725 N 17274 a 3809 3755 17208 3708 3655 3635 3515 J 17203 F L— 3754 17142 3706 3 t17S T 17151 3172 31 17165 77148 3741 17125 17127 3755 77172 _ — Z E • Project Location Map N W-0 8 Andover Planning ❑ N.C. HOWM AND ASSOCIATES, INC. Q 10731 Mississippi eivd. N.W. Land Surveyors Coon Rapids, MN 55433 Phone 763-421-9462 CERTIFICATE OF SURVEY: EDDIE PARIS - -� 176 TH A VE N, w - - - m Nn - 8D0, 09- 50 9 ° 42'14 `,E '' r r I •'� I Y2 - 5 - F 5 F41 T 84 7 I m ;r1 ®R4,1 m 9 3.7 U1 V) d _ r i� �} 406.04,O - q 1 33 - 306. l0 - 589 044 '114 -' m - 800,09 - t m 0 0 ai 5, T32 R,2¢ SCALE:i 1 inch = 40 feet LEGAL DESCRIPTION: The North 231.94 feet of the South 464.94 feet of the East 306.06 feet of the West 800.0 feet of the North 1/2 of the South- east 1/4 of Section 5, Township 32, Range 24, Anoka County, Minnesota. Subject to an easement for road purposes over the East 33.0 feet thereof. • 0 Denotes Iron found O Denotes Iron set O Denotes spike 1 hereby cenify that this survey, plan, or report was prepared by me or under my direct super- vision and that I out a duly Registered Land Surveyor '`� r jr la s / of the State of Minnesota. _ �f L" August 26, 2002 Re g 1 ,.. 4427 Date INV S` 7907- 281/51 a 3 LI G u1 r' - r N " -S) rJ r U L, v � � , r / f I i I D � - D � r — o v _ e S /1 V I 1 J 4 9 U s L t -r M W a q- N p G 1 f O D N v i L9 I� 7 V tl J N N • r1 LJ • -7- > , , ' - , . . , UNPLA TIED GROW TWP TH N 23 1.94FTOF THE S " 464.94FT OF THE E 306.06 FTOF THEW -880FT, ' ", ,. , OF THE N1/2 OF SE1/4 OF SEC 5, 3224 ANOKA CNTY MIN"N. (SUBJ TO AN EASE FOR ROAD PURPOSES OVER THE E 33 FT THEREOF.) , , ' All written and verbal comments will be received at that time and location. A copy of the proposed application will be availablefor review prior to the meeting at City Hall. Please, " contact Courtney Bednarz, City Planner with any questions at (763) 767-5147. s CURRENT RESIDENT CURRENT RESIDENT 17617 QUAY ST 17620 QUAY ST OVER, MN 55304 ANDOVER, MN 55304 224420005 053224420003 CURRENT RESIDENT CURRENT RESIDENT 3545 176TH AVE 17590 QUAY ST ANDOVER, MN 55304 ANDOVER, MN 55304 053224420010 053224420011 CURRENT RESIDENT CURRENT RESIDENT 17541 TULIP ST 3532 176TH AVE ANDOVER, MN 55304 ANDOVER, MN 55304 053224420012 053224420020 CURRENT RESIDENT CURRENT RESIDENT 3419 175TH LN 3435 175TH LN ANDOVER, MN 55304 ANDOVER, MN 55304 053224420016 053224420015 CURRENT RESIDENT CURRENT RESIDENT 3470 175TH AVE 3470 175TH LN ANDOVER, MN 55304 ANDOVER, MN 55304 224420017 053224420018 CURRENT RESIDENT CURRENT RESIDENT 17455 TULIP ST 3451 174TH LN ANDOVER, MN 55304 ANDOVER, MN 55304 053224430001 053224430002 ROW • —IF-- CURRENT RESIDENT 17619 TULIP ST ANDOVER, MN 55304 053224420009 CURRENT RESIDENT 17559 QUAY ST ANDOVER, MN 55304 053224420006 CURRENT RESIDENT 17536 QUAY ST ANDOVER, MN 55304 053224420014 CURRENT RESIDENT 17525 TULIP ST ANDOVER, MN 55304 053224420021 CURRENT RESIDENT 3416 175TH LN ANDOVER, MN 55304 053224420019 y col TO: FROM: CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US Planning and Zoning Commissioners Courtney Bednarz, City Planne� SUBJECT: PUBLIC HEARING: Lot Split (02 -09) to create two rural residential lots from property located at 16030 Makah Street NW for John Moore. DATE: September 24, 2002 INTRODUCTION The property owner is seeking approval of a proposal to divide the subject property into two rural residential lots with a variance to the 300 foot minimum lot width for one of the lots. It also appears that the property is slightly less than 5 acres in size according to Anoka County records. DISCUSSION The attached drawing is an approximation of the proposed lot split. The property owner is requesting that the lot split be approved prior to a survey being completed. The property owner would not have a survey prepared if the lot split is denied. Staff has asked the applicant to discuss with his neighbors the potential for additional land to be acquired to allow a lot split without variances. The applicant has not indicated whether this has been done. Conformance with Local Ordinances The following table compares the proposal with the regulations for the R -1 Single Family Rural Zoning District (please keep in mind that the dimensions are approximate due to the fact that a survey has not been completed): Proposed Lots Lot with House I New Lot I R -1 Requirements Lot Width 1300 1240 1300 Lot Depth 540 620 150 Lot Area 2.5 acres 2.4 acres 2.5 acres • Ordinance No. 10, Section 17 provides procedure for reviewing variance requests. As a part of reviewing this request, undue hardship resulting from the topography or other physical conditions must be documented. The applicant has provided the following findings to substantiate the variance(s) requested: • 1. The lot width at the front setback is reduced by the curvature of Makah Street NW. 2. Lot splits have been approved in this area of the City in the past with less than 2.5 acres per lot. Pipeline Easement A natural gas pipeline runs diagonally through the property. A fifty foot wide easement exists over the pipeline. There remains sufficient space to locate a house on the new property that would be created if the lot split is approved. Property History It is important to note that a lot split for the subject property was denied by the City Council on July 15, 1997. Resolution R166 -97 and the minutes from that meeting are attached. Staff Recommendation Staff is not recommending in favor of the proposed lot split based on the lack of appropriate findings. The lot width of one of the proposed lots would be significantly below the 300 foot minimum lot width and may set a precedent for similar lot splits in the future. • Attachments Resolution Location Map Lot Split Sketch R166 -97 July 15, 1997 Council Minutes Res7ctfu C urtne Cc: 16030 Makah Street NW i 2 • CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA _ ►6 A RESOLUTION DENYING THE LOT SPLIT REQUEST TO SUBDIVIDE A RURAL RESIDENTIAL LOT INTO TWO RURAL RESIDENTIAL LOTS WITH VARIANCES TO THE MINIMUM LOT WIDTH AND LOT SIZE REQUIREMENTS OF THE SINGLE FAMILY RURAL RESIDENTIAL (R -1) ZONING DISTRICT FOR PROPERTY LOCATED AT 16030 MAKAH STREET NW LEGALLY DESCRIBED AS FOLLOWS: Tract W. Registered Land Survey Number 72, Anoka County, Minnesota WHEREAS, John Moore has requested approval of a lot split to subdivide a rural residential property pursuant to Ordinance No. 40, located at 16030 Makah Street NW; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request does not meet the criteria of Ordinance No. 8 and 40; and WHEREAS, The Planning and Zoning Commission and City Council find that there are not sufficient findings to support variances to the minimum lot width and lot area of the Single Family Rural Residential Zoning District (R -1); and WHEREAS, a public hearing was held pursuant to state statutes; and WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the lot split as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and denies the lot split on said property with the following findings: 1. The lot split would not meet the Minimum District Provisions for Single Family Rural Residential (R -1) lots described in Ordinance 8, Section 6.02. 2. Approval of the proposed lot split would create a precedent that conflicts with the intent of the Single Family Rural Residential (R -1) Zoning District. Adopted by the City Council of the City of Andover on this day of , 2002. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria Volk, City Clerk 0 Lot Split 16030 Makah Street NW Project Location Map " m fr A N W tl Andover Planning 16356 18339 76300 16287 4755 4725 16220 4581 4613 16250 4643 8241 4869 162ND 4756 4726 16200 E46801 4644 4614 16 00 4755 4725 16140 4643 4613 16134 78797 r 18150 4758 4726 16120 16121 4644 4614 18107 4643 4755 4725 16100 4681 4843 4615 16080 16087 78094 18060 4816 L p 4754 16037 16036 16037 16030 78037 16038 16055 16014 18015 16014 18015 16074 15961 4161 F 15961 78018 16002 75968 15959 15958 15959 16005 10611 15984 5960 CL 15952 15944 15935 15934 z 15935 d731 4517 18000 4815 4517 15922 4657 4643 4613 15930 16001 4M 4530 75847 15840 15841 15921 15868 15869 4624 15830 4517 4750 75631 15820 15854 15821 15610 75810 15901 75827 15820 15615 15790 15800 15800 4427 4764 15801 4401 7S 15776 15741 15740 q 15636 5737 4420 4746 15772 15779 Q 15730 44DO 15721 15710 15721 15710 10 5748 15701 15700 15706 4345 15701 15724 15673 15671 - -. 15684 15672 15640 15643 15658 15829 15828 15621 15598 15593 15604 15820 Project Location Map " m fr A N W tl Andover Planning n 0 v zv It <% W O � i�•?J 'z�1' SI • V 140 •b/ pi v o v�, 3N ,w ;Nn tu0o6 � ir � to —�� r -- - - -- ca v N vev 711 Z � � 3 1 W � Lo, LL S D W < m Zs agdl d I • N o 'ga w � y ao ip a MSON AoP /1MN w 3Nn nino5 3 r �.71c 9d.Z N " cc 4fc I cA 3N1"1 H�11i<W ly►.el�i,�i�.Wg o o� �� Zv zo • CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 8166 -97 A RESOLUTION DENYING THE LOT SPLIT\VARIANCE REQUEST OF TARRI AND KEVIN STANTON PURSUANT TO ORDINANCE NO. 40 AND VARYING FROM THE PROVISIONS OF ORDINANCE NO. 8, SECTION 6.02, MINIMUM WIDTH AT FRONT SETBACK REQUIREMENT ON PROPERTY LOCATED AT 16030 MAKAH STREET NW (PIN 18- 32- 24 -31- 0008). WHEREAS, Tarri and Kevin Stanton, have requested to split the northern 2.51 acres of a 5.02 acre tract pursuant to Ordinance No. 40 and to vary from the minimum lot width requirement of 300 feet of Ordinance 8, Section 6.02 by 31 feet on Parcel A, and 30 feet from Parcel at 16030 Makah Street NW legally described as Tract W, Registered Land Survey No. 72. WHEREAS, the Planning and Zoning Commission has reviewed the request and has . determined that said request does not meet the criteria for granting a lot split under Ordinance No. 40 or variance under Ordinance 8, Section 5.04. WHEREAS, the Planning and Zoning Commission finds the request would have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was neighborhood opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the lot splitivariance as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and denies the lot splitivariance on said property for the following reasons: 1. Opposition from neighboring land owners. 2. Lack of a hardship. . 3. The unique and probable devaluation of other homes in the area. 4. Ownership status of the property. Page Two LS \VAR 97 -05 16030 Makah Street NW July 15, 1997 Adopted by the City Council of the City of Andover on this 5j,-t day of,Iuly, 1997. CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk • • � - � m" E. McKelvey, Mayo Regular Andover City Council Meeting Minutes - July 15, 1997 • Page\4 (Public earing: Vacation of Easement /14133 Quince St., Continued) to be va ted is outside the delineated wetland and 100 -year lood lines. Staff is recommending approval. Councilmember Dehn aske who is responsible �f there is a 110 -year flood and the house on th lot is flooded. Mr. Erickson sta the program is to maintain easements u to the 100 - year flood elevation. The City does not have easement for anything over that and it would be the responsibility of the roperty owner. Typically easement i designated on a plat the most e editious way for convenience. It is no realized the additional build' g area is needed, and the request is to ove the line to the 100 -ye r flood elevation. This was excess easement through the lot. Mayor McKelvey opened the hearing for public testim y. 7:49 p.m. rsraarora 't 14161 Quince St et /ddn n't derstand why the area is being vacated. The lot is ver st 1 is also extremely narrow, and he feared the same thing v to be done on that lot. Councilmember Orttel explained t is to obtain easement up to the 100 -year flood. The ease menhat is being vacated to build on it. When drawing the plat, slines were drawn for easement for convenience. The vacation ent over the 100 -year flood levation is necessary to make trger and buildable. Jerr Windschitl Ashford Deve1 stated in order to get the larger house size to work, extr area is n eded. The original drafting was simply an error and they d' n't realize 't was there. Buyers intend to move forward with buildin a house assumin the easement is vacated. Councilmember Dehn asked th something from t engineer or surveyor be given the City for its fi s. Mr. Windschitl /Dewanted the City already has the s veyor's certificate on that lot. son agreed Staff does have a photocopy of the surveyor's cer The Watershed does not ne d to review this unless it encto the 100 -year flood, whic this does not. Councilmember to be sure the letter from he surveyor is with the packeal so the City is aware of who i responsible, preferring tha the Resolution as well. MOTION by K za, Seconded by Dehn, to close the public hearin Motion carried un himously. 7:56 p.m. MOTION Knight, Seconded by Kunza, introducing the Resolution gr nting the v dance. (See Resolution R165 -97) Motion carried unanimo ly. 7:58 M. 16 O T SPLIT /VARIANCE 116030 MAKAH STREET NW/STANTON Mr. Hinzman reviewed the request of Tarri and Kevin Stanton for a lot split and variance at 16030 Makah Street NW. The 5.02 -acre parcel would be split into two 2.51 -acre lots. Variances are requested on the minimum 300 -foot lot width at the front setback. Parcel A would measure _F_ Regular Andover City Council Meeting Minutes - July 15, 1997 • Page 5 (Lot Split /Variance /16030 Makah Street /Stanton, Continued) 269 feet at the front setback and Parcel B would be 270 feet at front setback. The Planning and Zoning Commission voted 3 to 1 to deny the lot split. Many neighbors spoke in opposition of the request citing the five -acre lot size of most homes in the area, the lack of a hardship, the ownership status of the current property, and the unique and probable devaluation of the other homes in the area as recommendations for denial. He noted the City has granted similar requests in 1995 and again in 1996 when the parcels could not be increased to meet the minimum setback requirements. The other parcels in the vicinity are predominantly five -acre tracts. The lot to the north is vacant. Councilmember Orttel felt this is a very unique area, providing some background when it was plated by metes and bounds into five-acre parcels. Some lots have already been subdivided, however, with access onto Seventh Avenue. Kevin Stanton, 16030 Makah Street - stated they made application for the lot split and variance because similar requests have been granted in the past. In figuring the averages of the tract sizes in that vicinity assuming the split of his lot, the average land size is 2.48 acres. He also determined that the average lot frontage without the split is 286 , feet. It would be 271 feet with the split of his lot. He looked at those factors before making the decision to split his lot. Responding to the allegations he is doing this for financial gain and has already sold the lot, he stated he has sold the lot contingent upon approval of the lot split and variance. In reviewing the assessor's records of valuations in that area, the average is $172,000 at the 90- percent level, which makes his parcel above average. With the lot split, the parcels will remain at 2.51 acres, which is above the average size for the 350 feet surrounding his property. The house was built seven years ago. Councilmember Orttel noted the owner of Tract V commented at the Planning Commission that he was told his lot is subdividable. That parcel can be split because of the road abutting that tract to the west. The other parcels that were split to the north were also double frontage lots. It is a very unique area of nice homes and hobby farms, which have different rights. Martin Monroe, 15961 Makah Street - explained the other lot splits were for family members, not for financial gain, and to preserve the Staples Cemetery. He felt that this split is being done only for financial gain and the result will be a drop of his property value. He did not buy and build to split the lot. On the other hand, the Stanton's built on the very south end to be able to split. Also, the Stantons advertised and sold their property on 2 1/2- acres. He was happy the Planning Commission ruled in their favor and asked the Council to do the same. Bill Fudge, 16005 Makah Street - east side of Makah, moved there in 980. It was represented as a five -acre development. He is concerned that if this is allowed, a precedent would be set; and the same thing could happen with all of the other lots along the street. Regular Andover City Council Meeting Minutes - July 15, 1997 • Page 6 (Lot Split /Variance 116030 Makah Street /Stanton, Continued) Dennis Anderson 15952 Makah Tract X - is totally against the request. It is being done just for financial gain, and it will devalue his property. He called the Council's attention to a petition signed by the residents opposing this. Of the 20 owners that were originally on five - acre tracts, 16 of them are opposed. They were unable to contact two of the owners, and one did not want to sign because they knew the people buying the property. Mr. Stanton - clarified he owns 5.02 acres, and he is trying to sell the home. It was sold subject to the lot split. He may or may not build on the other parcel. Ms. Mickelson 16150 Makah Street - feels that allowing the split would set a precedent and would totally ruin the look of the development. Mr. Stanton has proposed no hardship for the variance. They purchased their five acres for the rural setting and would like to have this denied. Carl Spencer, 12180 Magnolia Street NW Coon Rapids owner of Tract V - stated he has a problem because the lot split is requiring a variance. The rules and regulations were put in there for a reason, and he has a , problem with allowing a variance when there is no hardship. The subdivision across the street did not require a variance, and he did not oppose it because it did not increase the density on Makah Street. This split will mean an additional house facing Makah, and there is an unknown as to how that will affect the other properties. That troubles him, and he hoped the City Council will deny the request. Mr. Carlberg explained in the issue of a hardship relating to lot frontage, many times it is recommended the applicant discuss it with adjacent property owners in an attempt to acquire additional land to meet the requirements. Similar variances have been granted noting the hardship is that additional land cannot be acquired. Mr. Stanton has talked with adjacent property owners and hasn't been successful in obtaining additional land to meet the requirements. That has been grounds for variances in the past. Councilmember Knight noted it is a unique neighborhood and street, and he understood the concern for no hardship. Councilmember Dehn opposed the request because of the ambience of the neighborhood and the five - acre tracts. The City always supports more open space. It is also proven that the larger the lots, the less services that are demanded from the City. With the five -acre lots, approving this request would not result in the same ambiance along that street. The other splits did not affect Makah Street. 4 OTION by Knight, Seconded by Dehn, to deny the request for the lot plit and variance. (See Resolution R166 -97) Motion carried unanimously. /d 4 ") 0// // RECEIVED s U4,- N OF AN DOV E R 7o � �o�e� 7 T , waew T Y�e Cdurl 4�2 �/ A)7"2� �i U� ` ✓��e -- c2. c r� /?'Ii T 1 'o r� / 1 o '1.e sj ru'l�,Zi a, r-e c Icy f r'ch Uteri z�Ti� T 0--cz 4 � 7�e al�tl 6 19VW14 r z2/Gm &, 711 7 1 - , Ir rx F 0 • es 0 CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commission Members FROM: Will Neumeister, Community Development Director f(� L SUBJECT: PUBLIC HEARING: Consider amendment to Ordinance 8, Section 4.19 Two Family Home Conversions and Ordinance 8, Section 7.03 Special Uses to establish requirements for converting attached dwellings to allow separate ownership. DATE: September 24, 2002 INTRODUCTION The EDA and City Council have had discussions over the past few months that there should be provisions to split duplexes for separate ownership. The Zoning Ordinance allows for it, however the language that is currently in the ordinance needs minor changes to bring it up to date. DISCUSSION Uniform Building and Fire Code requirements (i.e. separation of sewer, water and power) are mandatory requirements. The Building Official and Fire Chief have provided input regarding the minimum changes and conditions that would be required before a two- family units would be allowed to be split, including the following code related requirements/improvements to each unit: Party wall agreements /covenants -- This is needed to provide owners a uniform set of requirements that will tell the future owners how they will maintain the units uniformly (no variance will be allowed to this provision). 2. Separating sewer, water and power service to each living unit —This is needed is to bring the units up to current Uniform Building Code (UBC) (no variance will be allowed to this provision). To enable the units to have separate water services, the City may want to promote the petitioning of a public water line to serve some of the neighborhoods that are older and have well systems. This may be more cost effective than having the owner drill a new well. There are quite a few units on 138` Avenue, as well as on 140 Lane, that have one well serving both units. One -hour hour fire separation between all living units —This is needed is to bring the units up to current Uniform National Fire Code (UNFC) requirements. This will require that the units be separated from the basement all the way through the roof of the unit (no variance will be allowed to this provision). 4. Garage spaces (meeting minimum of 440 square feet for each unit) —This is needed to bring the unit into conformance with the current zoning regulations (variance may be allowed to this provision). 5. Minimum size housing units (meeting minimum of 960 square feet for each unit) -- This is needed to bring the unit into conformance with the current zoning regulations (variance may be allowed to this provision). E 6. Meet minimum lot size requirements for each double unit, with proper setbacks -- This is needed to bring the unit into conformance with the current zoning regulations (no variance will be allowed to this provision). • 7. Basement bedrooms need to be brought up to current UBC and UNFC requirements —There may be existing bedrooms in lower levels that do not meet the current code. If they are not able to be upgraded, they will not be allowed to be used as a bedroom area (no variance will be allowed to this provision). Again, it should be noted that some situations may warrant granting variances to the zoning provisions since the units were built prior to any zoning regulations being created for them. In the event a unit is below the 960 square foot minimum and is more than 50% destroyed, staff would recommend that the unit be rebuilt to meet the minimum of 960 square feet. The proposed revisions in the Ordinance amendment (attached) codifies that these minimum requirements must be made to convert the buildings in order to allow separate owner occupancy. The current code requires the required conversion (improvements) to take place prior to the plan being submitted to the Planning Commission. This is not practical and the ordinance should be amended to indicate the required improvements would be completed by the owner after approval by City Council, but prior to any release of the paperwork approving the splits. It should be noted that the City removed duplexes from the R -1 through R-4 Zoning Districts on August 3, 1999. Currently duplexes that exist in these zones are non - conforming structures. If the property owner would split the duplex units for separate owner occupancy, then the units would become conforming, as they would be considered "single family attached" once the split is properly done. CDBG Grants The changes of these units to allow separate ownership of the units may be quite costly in some cases. To assist in furthering this program, staff could submit an application for CDBG grant funds to Anoka County for next year. Provided Anoka County selects the City for allocation of the grant/approves the program, the City could make these funds available to assist qualified property owners that would be splitting their property (on a first come, first serve basis). Inclusion in Ordinance 8 as a Special Use Lastly, the language in section 4.19 indicates that a two- family conversion (split) is a special use in the residential zones. However, no language exists in section 7.03 that lists them as a special use. It is recommended that section 7.03 have language added allowing them by special use permit (subject to the conditions stated above). ACTION REQUESTED Planning Commission review the ordinance amendment allowing two - family home splits and determine if the suggested changes should be approved. Respectfully submitted, Will Neumeister Attachments i Proposed Resolution Covenant Documents (Sample) - Z - CITY OF ANDOVER COUNTY OF ANOKA • STATE OF MINNESOTA RESOLUTION NO. R- AMENDING THE ORDINANCE 8 OF THE CITY OF ANDOVER, TO ALLOW FOR DIVISION (SPLITS) OF TWO - FAMILY HOMES. The City of Andover does ordain that the following sections of Ordinance 8 be amended as follows (underlining is new language to be added, strike out is language to be removed: Section 4.19 A. Two - Family Home Conversions (Splits). Such conversions (splits) may be permitted following issuance of a Special Use Permit (which shall be reviewed and pertinent data regarding the unit shall be Provided including but not limited to submission of a survey setting out each individual lot and its location alone said party wall). pr-evided th Each dwelling unit shall be provided with individual sewer stubs, individual wells or sources of water, separate Power supply to each living unit, one hour fire separation between living units, and that a party wall agreement and covenant document, including an arbitration clause, shall be entered into by all affected parties. These_ _upgrades to the structure and providing the City a copy of the Party wall agreement and covenant documents by the applicant Sueh eeiwersien must take place prior to release of the resolution approving the two family home split punt to a plan subm4ted to the Planning Gemmissien showing the leea4ion of the sewer- stubs-, ifidividual wells or- seuFees of water-, pai4y wall; smi inelodea suh-MiSsien of said leeafien along said paFty wall. B. In the event a two - familv home is lacking the required garage space and /or the _minimum housing unit size, then the applicant must obtain a variance or bring the unit up to current standards. In the event a unit falls below the 960 square foot minimum and is more than 50% destroyed (as determined by the Building Official), the unit will be required to be rebuilt to meet the minimum of 960 square feet and also have the a garage that meets the minimum size requirement. This would become a standard condition of the any variance to structure size (if it were granted). If the building is improperly located on the lot such that it requires a va riance to setbacks, a variance will be required to be granted or the unit will not be allowed to be split. Section 7.03 Special Uses. Special use permits for uses not listed herein shall not be granted except where the City Council determines that said uses are similar in character to those listed herein. Within any of the following districts, no land or structure shall be used for the following uses by districts except by Special Use Permit and in accordance with the criteria as stated in Section 5.03 (D): • Residential Districts: • Barber Shop • Beauty Shops • Cabinet Making/Wood Working in R -1 District Only • Cemeteries • Christmas Tree Sales • Churches • Clubs and Lodges • Colleges and Similar Institutions • Commercial Dog Kennel License (2.5 acre minimum lot size requirement) • Commercial greenhouse • Craft and antique businesses in R -4 districts in buildings designated as historical sites by a county, state, or nationally recognized historical organization • Day Nurseries (thirteen It 3 } or more children) • Excavations except when a building permit has been issued • Golf Course • Highway Construction Materials (processing and storage) • Home Occupations, on a parcel of land three (3 a.) acres or larger, utilizing an • accessory structure and/or exterior storage • Marinas • Private Dog Kennel License (2.5 acre minimum lot size requirement) • Public utility uses or structures except when located on a public right -of -way • Relocated Dwelling Units • Rest homes • Riding Stables • Storage buildings for boats, snowmobiles, or similar vehicles in R -5 only • Therapeutic Massage Establishment (as a home occupation offering on -site massage services) as regulated by Section 4.30 and Ordinance No. 110. • Two Family Home Conversions (splits) Adopted by the City Council of the City of Andover this day of 2002. CITY OF ANDOVER Attest: Michael R. Gamache — Mayor • Victoria Volk — City Clerk f/_. LJ DECLARATION Oh' COVENANTS AND RESTRICTIONS This Declaration of Covenants and )restrictions is entered into this day of 20. , by (aw[) (" Declarants"). RRCITALS: A. Declarants are the fee owners of real estate ( "Property ") legally described as follows: {Lt r;rrl rlr'v, ripliwi a / +'1 oho I(I!) Parcel A: 1J' i;�r.< <l�•�i rih ?bur r!!'1'rnrr'l, it Parcel B: i Lta ; <r1 (6-me (141101( 14 ho ( B) B. The City of ( "City') has requested Declarants to enter into this • Declaration as part of the approval of a waiver to the City's- subdivision. C. Declarants represent and warrant that Declarants are the fee owners of the Property and that Declarants have the full legal authority and power to enter into this Declaration. D. Declarants are desirous of entering into this Declaration for the purpose of protecting the value of the Property, E. Declarants intend, declare and covenant that the covenants and restrictions set forth in this Declaration govern the transfer of the Property and shall be and are covenants running with the Property and binding upon all subsequent owners of the Property and arc not merely personal covenants of Declarants. NOW, TIJERHF?ORE, in consideration of the City's approval of the waiver of the City's subdivision ordinance and for other good and valuable considerations, Declarants state that the Property shall be owned, sold, and conveyed subject to and hound by the following covenants and restrictions: 0 1 - .J , Lmpm!'- V, fdllt 4 1 , 11'71 , ;N", i.0 i .'h q 1 —�7— Sa t + f, ARTICLE I DEFINITIONS • 'The following words, when used. in this Declaration, unless the context clearly indicates otherwise, shall have the following meanings: "City" shall mean and refer to the City Of : Minnesota. " Declaration" shall mean and refer to this Declaration of Covenants, Conditions, and Restrictions. "Living Unit" shall mean and refer to a portion of the twinhome that is to be constructed on the Properly which is designed and intended for use and occupancy as a residence by a single family. "IAA' shall mean and refer to a portion of the Property upon which one of the two Living Units is situated, whethor or not the same is a platted lot. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of fee simple title to a Lot and the Living Unit situated thereon, including contract vendors and vendecs, but excluding those having an interest merely as a security for the performance of an obligation and excluding those having a lion upon the property by provision or operation of law. . ARTICLE 11 BUILDING AND USE RESTRICTIONS Section 1, Res idential Use No garage shall be used for or occupied as living or sleeping quarters. No trade or business, except. Home Occupations permitted by the City's 'Zoning Code, shall be carried on within a Living Unit or upon a Lot; nor shall any Lot, Living Unit, or any part thereof be leased, sublet, assigned, or suffered to be used for hotel or transient occupancy. Section 2. Prohibition of Certain Activities Nothing shall be done or kept on a Lot or in a Living Unit that would increase the cost of insurance for the Owner of the adjoining Living Unit over what such Owner, but for such activity, would pay, without the prior written consent of said adjoining Owner. Nothing shall be done or kept on any Lot that would be. in violation of any statute, rule; ordinance, regulation, permit. or other validly imposed requirement of any governmental body. No damage to, or waste of, the exterior of the residential building containing the Living Units shall be committed by any Owner or any invitee of any Owner, and each Owner shall indemnify and hold the other Owner harmless for all loss resulting from any such damage or waste caused by his or her invitee(s). No noxious, destructive or offensive activity shall be conducted on any Lot or in any Living Unit; nor shall anything be done thoneont which may be or become an annoyance or nuisance to any other Owner, or to any other Jerson at any time lawfully residing on the Property, or to the public. 0 1 1k1l11..ini II.'.. \'.'I v. �I' n:�., H, I ui, n I1.1 fs k --fir L.�� Section 3. Storage. Outside storage of any items, including but without limiting the generality of the foregoing, sporting equipment, tnyS, outdoor cooking equipment, yard and • garden tools and equipment and trash and garbage containers, shall not he allowed unless screened from view outside the Lot. The storage or collection of rubbish or dcbris of any character whatsoever or any material that emits foul or obnoxious odors: or any unsightly materials; or the growing of any noxious weed or other natural substance; or the harboring of tl,c source of any noise or activity which disturbs the peace, comfort or serenity of other Owner are prohibited. Usual household trash and garbage shall be regularly collected and may be kept outside only if in sanitary containers which are screened from view. Section 4. Signs. No sign of any kind shall be displayed to the public view from a Lot, except that a "For Sale" sign may be displayed if a Living Unit is being offered for sale. Section 5. Animals No cats, dogs, livestock, birds or poultry of any kind shall be raised, bred or kept in a Living Unit or on a Lot, except common household pets, provided that such household pets are not kept, bred, or maintained for any commercial purposes. Section G. Prohibited Stru ctures. No structure of a temporary character, trailer, tent or shack shall be maintained on a Lot. ARTICLE Iii PARTY WALLS Section 1. General Rules of Law to A a)ly Each wall that is built as part of the original construction of a living Unit upon the Property and is located on the dividing line between the • two Lots shall constitute a "party wall ". To the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligent or willful acts or omissions thereto shall apply. Section 2. Share of Repair and Maintenance The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who share the party wall. Section 3. Destruction by Fire or Other Ca sual. If a party wall is destroyed or damaged by fire or other casualty, any Owner who makes use of the wall may restore it, and, if the other Owner thereafter makes use of the wall, (s)hc shall contribute to the cost of restoration thereof in proportion to his/her use, without prejudice, however, to the right of an Owner to call for a larger contribution under any rule of law regarding liability for negligent or willful acts or omissions. Section 4. Wea therproofing , Notwithstanding Lilly other provision of this Article, an Owner, who, by negligent or willful acts, causes the party wall to he exposed to the elements, shall bear the cost of furnishing the necessary protection from the elements and of repairing the damages to the party wall caused by such exposure. Section 5. Right to ibution Runs with L and. The right. of any Owner to contribution from another Owner under this Article shall be appurtenant to the land and shall pass to successors in title. �.r,��Luuinipl�Apit id„fn.Na�. gnPi•tl,il i 17— le Section 6. Mechanics' L iens. An Owner of a Lot, on which work is performed or materials are supplied to make repairs or replacement to said Lot for which said Owner is • responsible, shall indemnify and hold harmless the Owner of the adjoining Lot from any Mechanics' Liens filed against the Property arising from such work or materials. Section 7, Arbitr ation. In the event of any dispute arising concerning a party wall, or under the provisions of this Article, each parry shall choose one arbitrator and such arbitrators shall choose one additional arbitrator and the, decision of a majority of all the arbitrators shall he final and conclusive of the question(s) involved. if either party refuses or fails to promptly appoint an arbitrator, the same may be appointed by any judge of the District Court, County, Minnesota. Arbitration shall be in accordance with the rules of the American Arbitration Association. The cost of Arbitration shall be horns equally by the parties involved in the dispute. ARTICLE IV COVENANTS FOR INSURANCE AND MAINTENANCE Section 1. Maintenance of Insurance Each Owner of a Lot, by acceptance of a decd therefor, whether or not it shall he expressed in any such deed or other conveyance, covenants to carry, maintain, and timely pay the premium or premiums, on a policy of fire, extended coverage, vandalism, and malicious mischief with all risk endorsement insurance. Said insurance is to cover, at minimum, the entire replacement cost of the Living Unit located on each Lot. A copy of said policy of insurance shall be provided by each Owner of a Lot to the Owner of the adjoining Lot. • Section 2. Aamas t or Destruction of .Living Ug nit(s) In the event of damage to, or destruction of a living 13nit, the Owner or such Living Unit shall restore it to its condition immediately prior to the damage or destruction. Section 3. General Mainte nance. Each Owner shall maintain his/her Lot and the cxtcrior of his /her Living Unit in good condition and repair and in a clean and neat condition, and in compliance with all City codes and ordinances and with the provisions of Article V below. ARTICLE V ARCHITECTURAL CONTROL Section 1. Exterior Repair an d Maintenance The Owner of a Living Unit may replace exterior components of his/her living Unit with similar components of the carne design and color and may paint the exterior of his /her Living Unit with paint of the existing color. Section 2. Prohi bt"tions , Unless the written consent of the Owner of the adjoining Living Unit and the City are first obtained, the Owner of a Jiving Unit may not (i) employ different siding or roofing material or a different color scheme on his/her Living Unit, whether in the course or ordinary replacement or remodeling or restoration after damage or destruction; (ii) erect a building, fence, wall or other structure; or (iii) change or alter the exterior of his /her Living Unit or build an addition thereon. The Owner requesting consent shall submit to the Owner of the adjoining Living Unit all plans, specification and/or samples showing, where :I -9- lt F 1.1_. appropriate, the nature, kind, shape, height, materials and location of the same so that they may be reviewed as to harmony of external design and location in relation to surrounding structures • and topography. Section 3. Arbitration Any dispute arising between Owners concerning a request made by an Owner pursuant to Section 2 of this Article shall be resolved by arbitration. Arbitration shall be conducted in the same manner as is described in Article 111, Section 7. The City shall be notified in writing at least thirty days prior to any arbitration hearings conducted pursuant to this Article V and shall have the right, but not the obligation, to present evidence regarding any architectural disputes in order to protect the health, safety and general welfare of the residents of the City and the property values of the neighborhood in which the Property is located. ARTICLE VI MUTUAL EASEMENTS Section 1. Non - exclu Easement: Utilities Each Lot shall, where applicable, be subject to an appurtenant non - exclusive casement in favor of the other Lot for the use, maintenance and repair of utility installations which lie over, under and through such Lot and which benefit the other Lot. Section 2. Cost of R and Main tcgance. The cost of repair and maintenance of utility installations shall be paid by the Owner whose Lot is served by such utility installation, The cost of repair and maintenance of a utility installation serving both Lois shall be shared by the Owners of both Lots equally. Repair and maintenance of decks and retaining walls shall he paid • by the Owner of the Lot upon which the deck or retaining wall is located unless such repair or maintenance affects both Lots, in which case the cost shall be shared by both Owners in proportion to the labor and materials furnished to each Lot. Section 3. Non - e xclusive Pasement: Drivewa Each Lot shall be subject to an appurtenant non - exclusive casement in favor of the other Lot for the use, maintenance, and repair of the driveway serving both Living Units. The cost of repair and maintenance of the driveway shall be sharod by the Owners of both Lots equally. Section 4. Encroachmen If any portion of a Living Unit located on a Lot shall encroach upon the adjoining I.nt, or if such encroachment should hereafter arise; because of settling or shifting of said Living Unit or other cause, there shall be deemed to be an easement in favor of the Owner of the encroaching Living Unit. to the extent of such encroachn,ont so long as the same shall exist. ARTICLE V11 GENERAL PROVISIONS Section 1. Duration Except as otherwise provided in Article VII, the covenants, conditions, restrictions and easements of this Declaration shall be permanent and shall run with the land and shall inure to the benefit of and he enforceable by the Owner of the Lots subject to this Declaration, his /her legal representatives, heirs, successors and assigns. 9 1 ill "'I"n:ini,rw 7— Section 2. Amendments This Declaration may be amended by an instrument signed by 100 percent of the Owners of the Lots herein, and consented to by 100 percent of the mortgagees holding a first mortgage on said Lots. Section 3. Enforcement Enforcement of these covenants, conditions, restrictions and easements may be initiated by any Owner or by the City through a proceeding at law or in equity, or both, against any persons violating or attempting to violate any provision hereof', either to restrain violation or compel compliance, or to recover damages. Failure by any Owner or by the City to enforce any provision hereof shall in no event be deemed n waiver of the right to do so thereafter. Attorney's fees, costs, and expenses of any such actions to restrain violation, compel compliance, or to recover damages shall be assessable against and payable by any person violating the terms contained herein. Section 4. Severabi . Invalidation of any one of these covenants, conditions, restrictions or easements by judgment or court order shall in no way affect any other provision hereof which shall remain in full force and effect. Section 5. Anniicable L aw. This Declaration shall be construed in accordance with and governed by the laws of the State of Minnesota, IN WITNESS WHEREOF the undersigned has executed this instrument the day and date first above mentioned. is IM (!)a-f h7) (IN11 -/d- 0 e s CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Will Neumeister, Director of Community DevelopmentA /� SUBJECT: PUBLIC HEARING: Consider amendment to Ordinance 8, Section 7.01 and 7.03 to establish that apartments should be removed from Permitted Uses in the Multiple Dwelling (M -1 and M -2) Zoning Districts, and allowed only by Special Use Permit in each of those Zoning Districts. DATE: September 24, 2002 INTRODUCTION At the August 20, 2002 Council meeting interest was expressed in making additional changes in the City's Ordinances related to multi - family rental housing, how they are reviewed for approval and the licensing of them. This report provides recommendations to changes to current codes reviewing and regulating multi - family rental housing. Another report before the Planning Commission this evening describes the licensing requirements and how staff would recommend changes in that area also. DISCUSSION • Multi- family residential is land use that typically requires greater control over the site plan, and various architectural details that will make the housing development a desirable place to live and will stand the test of time. In order to allow the City staff, appointed, and elected officials to review the details and provide conditions of approval that are related to the qualities that are expected, the Zoning Ordinance section 7.01 should have Multi- Family Residential removed and made allowable only by Special Use Permit. The draft of the Ordinance amendment reflecting these changes is attached for your review. ACTION REQUESTED The Planning Commission review staff recommendations and recommend to the City Council that the Zoning Ordinance be amended as follows: 1. Apartments should be removed from Permitted Uses in the Multiple Dwelling (M -1 and M -2) Zoning Districts; and 2. Allow apartments only by Special Use Permit in the Multiple Dwelling (M -1 and M -2) Zoning Districts. Respectfully submitted, Will Neumeister • Attachment Proposed Ordinance Amendment CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA i ORDINANCE NO. 8 AN ORDINANCE AMENDING ORDINANCE 8, THE ZONING ORDINANCE OF THE CITY OF ANDOVER, MINNESOTA. The City of Andover does ordain that the Section 7.01 and Section 7.03 of the Ordinance 8 (Zoning Ordinance), shall be amended as follows (underlined words are added, stricken words shall be removed): SECTION 7. USES. 7.01 Permitted Uses. Within any of the following districts, no structure or land shall be used except for one (1) or more of the uses listed by district: (8WW, 10- 06 -87) Permitted Uses In All Districts: Public and private forests and wild life reservations and public parks. Public elementary, junior and senior high schools. Public owned and operated property except as herein amended. Public utility uses for local service when located within public right -of -way. All other public utility uses require a special use permit. Residential Districts: R -1 Single Family Rural District: Agricultural Uses. Any site which has more than five (5) non - domestic animals per acre shall require a special use permit. Single family residential structures. R -2 Single Family Suburban District: Rural Agricultural Uses Outside Metropolitan Urban Service Area Only. (8UUU, 11- 05 -91) Single family residential buildings. Urban Agricultural uses. • -L R -3 Single Family Suburban District: Private sewer and water systems shall only be permitted on every other lot or no more • frequently than one private system for each 40,000 sq. ft. where large lots are established. This shall not apply to lots of record at the time this Ordinance is adopted. On each new plat, the lots are to be developed in accordance with this section and shall be so designated. Rural Agricultural Uses Outside Metropolitan Urban Service Area Only. (8UUU, 11- 05 -91) Single family residential buildings. Urban Agricultural uses. R -4 Single Family Urban District: Private sewer and water systems shall only be permitted on every third lot or no more frequently than one (1) system for each 39,000 sq. ft. where large lots are established. This shall not apply to lots of record at the time this Ordinance is adopted. On each new plat the lots are to be developed in accordance with this section and shall be so designated. Single family residential buildings. Urban Agricultural Uses. • R -5 Manufactured Housing: Mobile homes and modular homes provided they are developed under a "Planned Unit Development" and the complex is a minimum of twenty (20) acres or fifty (50) dwelling units in size. Permitted only in areas with public sanitary sewer and water service. (8C, 10- 17 -78) 11 � IV, MMMAIMMM. —3 • nR 2 Si F A tt e d D U P. x ......4.......4 . - 111 iY Z.Jlll�[` Family 7.03 Special Uses. Special use permits for uses not listed herein shall not be granted except where the City Council determines that said uses are similar in character to those listed herein. Within any of the following districts, no land or structure shall be used for the following uses by districts except by Special Use Permit and in accordance with the criteria as stated in Section 5.03 (D): Residential Districts: Barber Shop (81-1, 7- 01 -80; 8M, 9- 01 -81; 8P, 5- 04 -82) Beauty Shops (81-1, 7- 01 -80; 8M, 9- 01 -81; 8P, 5-04-82), Cabinet Making/Wood Working in R -1 District Only (8KKKKa, 6- 20 -95) • Cemeteries Christmas Tree Sales Churches Clubs and Lodges Colleges and Similar Institutions Commercial Dog Kennel License (2.5 acre minimum lot size requirement) (8PPPPP, 9- 07 -99) Commercial greenhouse Craft and antique businesses in R -4 districts in buildings designated as historical sites by a county, state, or nationally recognized historical organization (BEE, 6- 17 -86; 8GG, 8- 05 -86) Day Nurseries (thirteen {I 3) or more children) (BCC, 2- 04 -86) Excavations except when a building permit has been issued is Golf Course Highway Construction Materials (processing and storage) Home Occupations, on a parcel of land three (3 a.) acres or larger, utilizing an accessory • structure and/or exterior storage. (8MMM, 5- 15 -90) Marinas Private Dog Kennel License (2.5 acre minimum lot size requirement (8PPPPP, 9- 07 -99) Public utility uses or structures except when located on a public right -of -way Relocated Dwelling Units (8VVVV, 2- 18 -97) Rest homes (8M, 9- 01 -81) Riding Stables Storage buildings for boats, snowmobiles, or similar vehicles in R -5 only Therapeutic Massage Establishment (as a home occupation offering on -site massage services) as regulated by Section 4.30 and Ordinance No. 110. (8NNNNN, 6- 01 -99) Multiple Districts: • M -1 Multiple Dwelling: Townhouses not to exceed eight (8) units per building with public sanitary sewer and water service. M -1 Single Family Attached Dwelling Units & Apartments: Single family attached dwelling units and apartments not to exceed eight (8) per building or be more than two (2) stories in height. Must have public sanitary sewer and water. (BBB, 4- 02 -85) M -2 Multiple Dwelling: Multiple dwellings with public sanitary sewer and water service. Townhouses not to exceed eight (8) units per building at a M -1 district designation with public sanitary sewer and water service. M -2 Single Family Attached Dwelling Units & Apartments: Single family attached dwelling units and apartments not to exceed twenty -four (24) • units per building or be more than three (3) stories in height. Must have public sanitary sewer and water. (8BB, 4- 05 -85) _5 All uses permitted by special use in Residential Districts except dog kennels. • Adopted by the City Council of the City of Andover this day of 2002. CITY OF ANDOVER Attest: Victoria Volk — City Clerk L J • Michael R. Gamache — Mayor —C: CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commission Members FROM: Will Neumeister, Community Development Director W41-- SUBJECT: PUBLIC HEARING: Consider amendment to Ordinance 266 Rental Housing revising property maintenance standards and licensing requirements for rental housing. DATE: September 24, 2002 INTRODUCTION The City Council have discussed over the past few months that there should be a detailed review of the City's codes related to rental housing, which is Ordinance 4266. This report will highlight what Andover currently has in place, what Ordinances other cities have for regulating rental housing, and make suggestions for potential changes to the current Ordinance. DISCUSSION Staff has reviewed Andover's as well as four other cities rental housing maintenance standards and licensing requirements. A full copy of each ordinance is attached as an appendix to this report. A brief summary of each code is described below: Andover -6 pages long, 2 definitions, very basic, license renewal every two years. Coon Rapids -20 pages long, 43 definitions, license renewal every four years, sets up basic minimum standards, maintenance requirements, and conduct on premises. Plymouth -14 pages long, 32 definitions, license renewal is annual, the ordinance regulates all rental housing and is strong on maintenance language. Fridley -28 pages long, 62 definitions, license renewal is annual, also strong on maintenance language. Brooklyn Park -16 pages long, 17 definitions, license renewal annually, the ordinance goes into great detail in the following areas: • Detailed application instructions (including name of tenant screening company that will perform background checks on prospective tenants. • Provisional licenses • Mitigation plan • Licensing levels for apartments • Conduct on premises • Revocation, suspension, denial, or non - renewal of licenses In discussing the issue of updating this Ordinance with the City's law enforcement staff, it was recommended that adjustments be made to make it more like Brooklyn Park. As you can see, in reviewing the summary and the full copy of each of those cities Ordinances, it is apparent that the Brooklyn Park Ordinance goes into great detail to assure that the landlords of apartments will be screening tenants, and proactive in limiting incidents and police calls. The Brooklyn Park Ordinance requires that when apartments in their City have high incident and police call rates, they must lend a hand in mitigating the problem or risk losing their rental licenses. The Brooklyn Park Ordinance was adopted June 19, 2002 and has evolved from a need to control over 6,000 rental housing units in their corporate city limits. Andover staff has prepared a "draft" Ordinance 4266A that is patterned after Brooklyn Park and is attached for the Planning Commission's review and continent. It is recommended that the existing ordinance #266 be repealed in its entirety and replaced with the entire new text that is patterned after the Brooklyn Park Ordinance. ACTION REQUESTED Planning Commission review the proposed amendment to Ordinance #266 and determine if the suggested changes should be approved. Again, to provide a consistent Ordinance, staff would recommend repealing the entire Ordinance #266 (pgs. 3 -8 of this report) and replace it with the new language, and adopt the entire new Ordinance #266A (pgs. 9 -24 of this report) containing the licensing requirements similar to Brooklyn Park. Respectfully submitted, • Will Neumeister Attachments Ordinance #266 (current) Ordinance #266A (proposed) Appendix: Similar Ordinances from Fridley, Plymouth, Coon Rapids, Brooklyn Park 40 (Current Ordinance #266) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 266 An Ordinance repealing Ordinance No. 99 adopted April 21, 1992. AN ORDINANCE LICENSING AND REGULATING RENTAL HOUSING DWELLINGS IN THE CITY OF ANDOVER. Section 1. Purpose and Intent. It is the purpose of this ordinance to protect the public health, safety and welfare of citizens of the City who have as their place of abode a living unit furnished to them for the payment of a rental charge to another. This ordinance is the initial step in the City's effort to provide a housing maintenance code. It is the intent of this ordinance that uniform standards be established and applicable for all rental dwellings in the City. Section 2. Definitions. The following words and terms used in this ordinance are construed and defined as follows: Rental Dwelling _any dwelling unit with two (2) or more living units for hire. "Rental dwelling" does not include hotels, motels and hospitals. Operate to charge a rental charge for the use of a unit in a rental dwelling. Section 3. License Required. No person, firm or corporation shall operate a rental dwelling in the City without first having obtained a license as hereinafter provided from the Building Official or designee. After expiration of an initial licensing period of less than two (2) years as determined by the Building Official, each such operating license shall be issued biennially and shall expire on the anniversary date of issuance. License renewals shall be filed at least sixty (60) days prior to license expiration. Section 4. License Fees. License fees, as set by City Council resolution, shall be due sixty (60) days prior to the license expiration date. In the case of a new unlicensed dwelling, the license fee shall be due upon issuance of the certificate of occupancy. In the case of licensing periods of less than two (2) • years, license fees shall be prorated monthly. MR (Current Ordinance #266) A delinquency penalty of five (5 %) percent of the license fee for each day of operation without a valid license shall be charged to the operator of the rental dwelling. Once issued, a license is not transferable and the licensee shall not be entitled to a refund of any license fee upon revocation or suspension; however, the licensee shall be entitled to a license refund, prorated monthly, upon proof of transfer of legal control or ownership. A fee as set by City Council resolution, shall be charged for all re- inspections necessary after the first re- inspection. The re- inspection fee(s) will be payable at the time of license renewal for the property. Section 5. Application for License. Applications for licenses shall be made in writing to the Building Official by the owner of the rental units or his/her legally constituted agent. Notification by the rental operator shall be given to the Building Official within five (5) business days with any change of information as required and stated in the initial application. Section 6. Conformance to Laws. No operating license shall be issued or renewed unless the rental dwelling and its premises conform to the ordinances of the City and the laws of the State of Minnesota. Section 7. Inspection Condition. No operating license shall be issued or renewed unless the owner of rental units agrees in his/her application to permit inspections pursuant to Section 13. Section 8. Posting. Every licensee of a multiple rental dwelling shall post the license issued by the Building Official or designee. The license shall be conspicuously posted (in a frame with glass covering) by the licensee in a public corridor, hallway or lobby of the multiple rental dwelling for which the license is issued. Section 9. License Not Transferable. No operating license shall be transferable to another person or to another rental dwelling. Every person holding an operating license shall give notice in writing to the Building Official within five (5) business days after having legally transferred or otherwise disposed of the legal control of any licensed rental dwelling. Such notice shall include the name and address of the person succeeding to the ownership or control of such dwelling or dwellings. Section 10. Maintenance Standards. Every rental unit shall maintain the standards as stated in Ordinance No. 267, the Housing • Maintenance Code. —V— (Current Ordinance #266) Section 11. Landscape Condition. • Each rental dwelling unit shall be maintained by its owner, occupant, operator or agent so that the yards, open spaces and parking facilities are kept in a safe and attractive condition. Where a conditional use permit has been granted, the landscaping shown on the approved landscaping plan shall be considered as minimal and shall be maintained accordingly. Any deviation to species or material shall be equal to or better than originally approved. In addition, adequate lighting faculties shall be provided and operated between the hours of sunset and sunrise; and snow plowing or snow shoveling shall be regularly accomplished to maintain all sidewalks and parking areas in a safe condition. Section 12. Safety from Fire. An owner, operator or agent of a rental dwelling shall be responsible to comply with the applicable provisions of the Fire Code of the City, including the keeping of all fire lanes open for emergency purposes. Section 13. Conduct on Licensed Property. It shall be the responsibility of the licensee to see that persons occupying the licensed premises conduct themselves in a manner as not to cause the premises to be disorderly. For the purpose of this Section, a premises is disorderly at which any of the following activities occur: 1. Violation of the City's Noise Ordinance. 2. Violation to State laws relating to the possession of controlled substances. 3. Violation of Disturbing the Peace. 4. The unlawful sale of liquor. 5. Violation to laws relating to gambling. 6. Violation of State laws relating to acts of prostitution. 7. The unlawful use or possession of a firearm as per State law. The Building Official shall be responsible for enforcement and administration of this Section. Upon determination by the Building Official that a licensed premises was used in a disorderly manner, as described in this Section, the Building Official shall give notice to the licensee of the violation and direct the licensee to take steps to prevent further violations. If another instance of disorderly use of the licensed premises occurs within three (3) months of an incident for which a notice was given by the Building Official, the Building Official 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 premises. This written report shall be submitted to the Building Official within five (5) days of receipt of the notice of disorderly use of the -5'4 (Current Ordinance #266) premises and shall detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding three (3) months. . If another instance of disorderly use of the licensed premises occurs within three (3) months after any two (2) previous instances of disorderly use for which notices were given to the licensee pursuant to this Section, the rental dwelling license for the premises 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 Building Official who shall give to 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 after giving such notice. 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 licensed premises or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this Section. No adverse license action shall be imposed where the instance of disorderly use of the licensed premises 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 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 which will prevent further instances of disorderly use. A determination that the licensed premises have 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, not shall the fact of dismissal or acquittal of such criminal charge operate as a bar to adverse license action under this Section. 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 premises. 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 premises as is authorized by this ordinance or State law. Section 14. Inspections and Investigations. The Building Official or his/her representative is hereby authorized to make inspections reasonably necessary to the enforcement of this ordinance. • — (Current Ordinance #266) Persons inspecting any rental dwelling as provided herein shall notify the license holder of all • violations, if any, by issuing a written Compliance Order. Said Compliance Order shall direct that compliance be made in no more than fifteen (15) days, unless extended by the Building Official based on good cause. Section 15. Revocation or Suspension. Every license or permit issued under this ordinance subject to the right, which is hereby expressly reserved, to suspend or revoke the same should the license holder or their agents, employees, representatives or lessees directly or indirectly operate or maintain rental dwellings contrary to the provisions of this ordinance or any other ordinance of the City or any special permit issued by the City or the laws of the State of Minnesota. The license may be suspended or revoked by the City Council after a written notice is sent to the license holder specifying the ordinance or law violations with which they are charged. This notice shall also specify the date for hearing before the City Council, which shall not be less than ten (10) days from the date of the written notice. At such hearing before the City Council, the license holder or their attorney may submit and present witnesses in their defense. After a hearing the City Council may suspend or revoke the license if they deem it necessary to protect the public health, safety or general welfare. Section 16. 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 Building Official shall have the authority to summarily condemn or close off such area of the rental dwelling. Any person aggrieved by a decision of the Building Official to cease business or revoke or suspend the license or permit shall be entitled to appeal to the City Council immediately by filing a Notice of Appeal. The Building Official shall schedule a date for hearing before the City Council and notify the aggrieved person of the date. The hearing shall be conducted in the same manner as if the aggrieved person had not received summary action. The decision of the Building Official shall not he voided by the filing of such appeal. Only after the City Council has held its hearing will the decision of the Building Official be affected. 0 7_ (Current Ordinance #266) Section 17. Applicable Laws. Licenses shall be subject to all of the ordinances of the City and laws of the State related to rental • dwellings. This ordinance shall not be construed or interpreted to supersede or limit any other such applicable ordinance or law. Section 18. 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 July, 1999. ATTEST: CITY OF ANDOVER Victoria Volk, City Clerk J. E. McKelvey, Mayor • M (Proposed Ordinance #266A) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 266A An Ordinance repealing Ordinance No. 266 adopted July 20, 1999. AN ORDINANCE AMENDING ORDINANCE 266 OF THE CITY OF ANDOVER LICENSING AND REGULATING RENTAL HOUSING DWELLINGS IN THE CITY OF ANDOVER. §266 PURPOSE. It is the purpose of this subchapter to protect the public health, safety and welfare of the community at large and the residents of rental dwellings in the City of Andover and to ensure that rental housing in the city is decent, safe and sanitary and is so operated and maintained as not to become a nuisance to the neighborhood or to become an influence that fosters blight and deterioration or creates a disincentive to reinvestment in the community. The operation of rental residential properties is a business enterprise that entails certain responsibilities. Operators are responsible to take such reasonable steps as are necessary to ensure that the citizens of the city who occupy such units may pursue the quiet enjoyment of the normal activities of life in surroundings that are: safe, secure and sanitary; free from noise, nuisances or annoyances; and free from unreasonable fears about safety of persons and security of property. § 266.01 INTENT. It is the intent of this subchapter that a permanent mode of protecting and regulating the living conditions of citizens of the city be established; and that uniform standards be established and applicable for all rental dwellings in the city. This subchapter is not construed or interpreted to supersede or limit any other such applicable ordinance or law. § 266.02 DEFINITIONS. For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning. 0 (Proposed Ordinance #266A) APARTMENT. A community, complex, or building having a common owner and containing 16 or more living units. CERTIFICATE OF COMPLIANCE. Document issued by the city, stating that the building has been inspected and is in compliance with applicable property maintenance codes and ordinances. CITYADMINISTRA TOR. The City Administrator or the City Administrator's designated agent DWELLING. A building or one or more portions thereof occupied or intended to be occupied for residence purposes; but not including rooms in motels, hotels, nursing homes, boarding houses, trailers, tents, cabins or trailer coaches. GENERAL HOUSING UNIT. A dwelling other than an apartment, including but not limited to a townhouse, condominium, double bungalow, residential zero lot line (split double), single family or tri-plex. L� LET FOR OCCUPANCY or TO LET. To permit possession or occupancy of a dwelling or living unit by a person who is not the legal owner of record thereof, pursuant to a written or unwritten lease, or pursuant to a recorded or unrecorded agreement whether or not a fee is required by the agreement. LIVING UNIT. A single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation. OCCUPANT. Any person living or sleeping in a dwelling; or having possession of a space within a dwelling. OPERATE. To let for occupancy or to let. OPERATORIMANAGER. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy. OWNEMICENSEE. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the • estate of such person if ordered to take possession of real property by a court, or any person representing the actual owner. --(d (Proposed Ordinance #266A) PERSON. An individual, corporation, firm, association, company, partnership, organization or any other group acting as a unit. RENT. To let for occupancy or to let. RENTAL DWELLING. Any apartment or general housing unit let for occupancy. REPORTING PERIOD. The 12 month period ending 60 days before a regular or provisional license expires, SMALL APARTMENT. A community, complex, or building containing four or more or fewer than 16 living units. STRUCTURE. Anything constructed or erected on, or connected to the ground. § 266.03 LICENSE REQUIRED. • (A) It is unlawful to operate a rental dwelling in the city without first having obtained a license from the City. Each general housing unit must register once every two years and each apartment complex must register annually with the City. No license is required under this subchapter when an owner occupies a living unit as a permanent residence. (B) There are two types of licenses: regular and provisional. Provisional licenses apply only to apartments and are defined in § 266.062. All references to licenses in this subchapter are references to regular licenses, unless otherwise stated. (C) Small apartments are not subject to the following provisions of this chapter: § 266.04 LICENSE PERIOD. (A) Apartment licenses, including licenses for small apartments, are valid from July 1 through the last day of June. Provisional licenses are valid for six months, commencing either July 1 or January 1. General housing unit licenses are valid from October 1 through the last day . of September of the second year. (Proposed Ordinance #266A) (B) All licenses, regular and provisional, must comply with all provisions of this subchapter upon its effective date. Apartment licenses that qualify for a regular license upon the effective date of this subchapter shall remain in effect until June 30, 2003. Apartment licenses that qualify only for a provisional license upon the effective date of this subchapter will expire and a provisional license will be issued by the City. All provisional licensees must submit a mitigation plan to the City within 60 days of the effective date of this subchapter. For the first year after the effective date of this subchapter, the City will develop and implement a schedule to review each mitigation plan in the manner provided in § 266.062. § 266.05 FEES. License fees are in the amount set by the Council. Cross - reference. License fees, see Appendix § 266.06 APPLICATION. (A) Applications for licenses must be made in writing to the City by the owner or operator. Failure to complete a license application may result in delay or suspension of the application process. In cases where the owner of a rental dwelling lives outside a 50- mile radius of the rental dwelling, the owner must name an operator living within the 50 -mile radius of the rental dwelling. Registration must be made by the operator. (B) All applications must specify the following: (1) Owner's name, address and telephone number. In cases where the owner is an individual, one of the following is required: driver's license number, state identification number, or date of birth. (2) Operator's name, address, phone number and driver's license number or state identification number or date of birth. (3) Signature of owner or operator /agent. (4) Name, address and phone number of management company, manager or managing • officer. --/2 (Proposed Ordinance #266A) (5) Legal address of the rental dwelling. • (6) Number and type of living units within the rental dwelling. (7) Well and septic system status. (8) Status of all property taxes and special assessments. (9) Date of the most recent certificate of compliance. (10) In the case of Level II and Level III licensees as defined under § 266.061, the name of the tenant screening company that will perform background checks on prospective tenants. Such companies must be approved by the City to perform background checks. (C) An application from a licensee in provisional status under § 266.062 must contain all of the information in division (B) and the following additional information: (1) If the applicant is a corporation, the names and addresses of the majority • shareholders, and the names and addresses of the officers. (2) The names, addresses and telephone numbers of the individuals responsible for keeping and maintaining the tenant registers. (3) A proposed mitigation plan as described in § 266.062. § 266.061 PROVISIONAL LICENSES. (A) Licensed apartments that have a police call rating of at or above .64 calls per dwelling unit during the reporting period are eligible only for provisional licenses. (B) Police calls that are counted in determining whether a provisional license is required include the following types of incidents: 0 (1) Incidents listed in § 266.09; -/3- (Proposed Ordinance #266A) (2) Crimes, disorder, and nuisance calls as categorized by the Police Department. The City will maintain for public inspection a description of the coding system and a list of the codes 40 and crimes included within each of these categories. (3) The City may count multiple police calls made as a result of related incidents, as one call. (C) Incidents will not be counted for purposes of determining whether a provisional license is required where the victim and suspect are "family or household members" as defined in the Domestic Abuse Act, M.S. § 51813.01, Subdivision 2(b) and where there is a report of "domestic abuse" as defined in the Domestic Abuse Act, M.S. § 51813.01, Subdivision 2(a). (D) Incidents will not be counted for purposes of determining whether a provisional license is required where calls are made as defined in M.S. § 504B.205. (E) The city will provide to each licensee or manager, or the designated agent of the licensee, a monthly report of calls described in division (B) above. Such report will contain only data that may be disclosed under the Minnesota Government Data Practices Act. (F) A provisional licensee will be eligible for a regular license for the next licensing period • after police calls are reduced to the level that qualify for a regular license. § 266.062 MITIGATION PLAN. (A) Level III licensees under § 266.063(D), must submit to the City for review a mitigation plan for the license period. The mitigation plan must accompany the license application and must describe steps proposed by the applicant or licensee to reduce the number of police calls described in § 266.061(B), to a level that qualifies for a regular license. The mitigation plan may include, but is not limited to, such steps as: changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, and security personnel. (B) The proposed mitigation plan will be presented to the City. After a meeting with the applicant or licensee, the City will approve, disapprove, or approve with conditions the application and the mitigation plan. If the City disapproves an application and mitigation plan or approves it with conditions, the reasons for doing so must be in writing. (Proposed Ordinance #266A) (C) The licensee must comply with the mitigation plan as approved by the City. The licensee will mail or deliver to the City a written quarterly report describing all steps taken in • furtherance of the mitigation plan. § 266.063 LICENSING LEVELS FOR APARTMENTS. (A) Rental licenses for apartments will fall within one of the following three categories: Level I, Level II, or Level III. (B) Licensed apartments that have a police call rating at or below .49 calls per dwelling unit during the reporting period will be deemed Level I licenses. (C) Licensed apartments that have a police call rating between .50 and .63 per dwelling unit during the reporting period will be deemed Level I1 licenses. All Level H licensees must: (1) Require all prospective tenants 18 years of age or older to complete a tenant application; • 2 Require eve prospective tenant to resent proper photo identification; () q n' P P P P P P > (3) Establish written rental criteria to be provided to each prospective tenant; included in the criteria shall be a statement that rental will be denied if a prospective tenant misrepresents information on the application. The City will provide recommended criteria for application denial to licensees. (4) Conduct criminal background checks on all prospective tenants. The criminal background check by the licensee must including the following: (a) A statewide (Minnesota) criminal history check of all prospective tenants covering at least the last three years; the check must be done "in person" or by utilizing the most recent update of the state criminal history files; (b) A statewide criminal history check from the prospective tenant's previous state of residence if the tenant is moving directly from the previous state;. —4;-- (Proposed Ordinance 4266A) (c) A criminal history check of any prospective tenant in their previous states of residence covering the last three years if they have not resided in Minnesota for three years or • longer; (d) A criminal history check of any prospective tenant must be conducted in all seven counties in the metro Twin City area covering at least the last three years including all misdemeanor, gross misdemeanor, and felony convictions. (5) Assist in conducting resident crime prevention meetings when requested by the police department; (6) Include in its leases the lease addendum for crime -free, drug -free housing as defined by the Minnesota Attorney General's Office. (D) Licensed apartments that have a police call rating of at or above .64 calls per dwelling unit during the reporting period will be deemed Level III licenses. Level III licensees: (1) Must comply with all requirements for Level II licensees in division (C). (2) Are deemed provisional licenses and are subject to all conditions of provisional licenses under §§ 266.061 to 266.062. • § 266.07 LICENSE TRANSFER. No licensee has the right to transfer a license to any other person or property. § 266.08 DISPLAY OF LICENSE. Every registrant of a rental dwelling must post the license issued by the City. The license for each apartment building must be conspicuously posted by the licensee at or near the front entrance, a public corridor, hallway or lobby of the apartment building for which it is issued. The annual license issued for general housing units must be posted within the dwelling. -14 (Proposed Ordinance 4266A) § 266.081 REPORT CHANGES IN OWNERSHIP. L� Licensees must report to the City any changes in the identity of the owner of a rental dwelling, including a change in the majority shareholder or shareholders and officers in the case of corporations. Licensees must report a change in ownership at least 30 days before closing. § 266.082 TENANT REGISTER. Licensees must, as a continuing obligation of a license, maintain a current register of tenants and other persons who have a lawful right to occupancy of rental dwellings within an apartment. In its application, the licensee must designate the person or persons who will have possession of the register and must promptly notify the City of any change of the identity, address or telephone numbers of such persons. The register must be available for inspection by the City at all times. § 266.083 RESPONSIBILITY FOR ACTS OF MANAGER. • Licensees are responsible for the acts or omissions of their managers. § 266.084 NO RETALIATION. No licensee shall evict, threaten to evict or take any other punitive action against any tenant by reason of good faith calls made by such tenant to law enforcement agencies relating to criminal activity, suspected criminal activity, suspicious occurrences or public safety concerns. This section shall not prohibit the eviction of tenants for unlawful conduct of a tenant or invitee of the tenant or violation of any rules, regulations or lease terms other than a prohibition against contacting law enforcement agencies. (Proposed Ordinance #266A) § 266.09 CONDUCT ON LICENSED PREMISES. is (A) It is the responsibility of the licensee to see that persons occupying the licensed premises conduct themselves in such a manner as not to cause the premises to be disorderly. For purposes of this section, a premises is disorderly at which any of the following activities occur: (1) Violation of §§ _._ of this code (noise and public nuisances). (2) Violation of § _._ of this code (noisy parties). (3) Violation of Chapter — of this code (unlawful possession, delivery or purchase) or violation of laws relating to the possession of controlled substances as defined in M.S. §§ 152.01 et seq. (4) Violation of §§ _._ et seq. (disorderly conduct) or violation of laws relating to disorderly conduct as defined in M.S. § 609.72. (5) Violation of §§ _._ through _._ of this code (unlawful sale of intoxicating • liquor or 3.2 malt liquor) or violation of laws relating to the sale of intoxicating liquor as defined in M.S. §§ 340A.701, 340A.702 or 340A.703. (6) Violation of laws relating to prostitution or acts relating to prostitution as defined in M.S. § 609.321, Subdivision 9. (7) Violation of Chapter — of this code (weapons) or violation of laws relating to unlawful use or possession of a firearm as defined in M.S. §§ 609.66 et seq., on the licensed premises. (8) Violations of § _._ of this code (assaults) or laws relating to assault, including domestic assault as defined in M.S. § 609.2242. (9) Violation of laws relating to contributing to the need for protection or services or delinquency of a minor as defined in M.S. § 260C, et. seq.. (B) The City is responsible for enforcement and administration of this subchapter. . ," (Proposed Ordinance #266A) (C) Upon determination by the City that a licensed premises was used in a disorderly manner, as described in division (A) of this section, the City must give notice to the licensee of • the violation and direct the licensee to take steps to prevent further violations. (D) If another instance of disorderly use of the licensed premises occurs within three months of an incident for which a notice in division (C) of this section was given, the City must notify the licensee of the violation and must also require the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use of the premises. This written report must be submitted to the City within five days of receipt of the notice of disorderly use of the premises and must detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding three months. (E) (1) If another instance of disorderly use of the licensed premises occurs within three months after any two previous instances of disorderly use for which notices were given to the licensee pursuant to this section, the rental dwelling license for the premises may be denied, revoked, suspended or not renewed. An action to deny, revoke, suspend, or not renew a license under this section must be initiated by the City who must give to the licensee written notice of a hearing before the City Council to consider such denial, revocation, suspension or non - renewal. Such written notice must specify all violations of this section, and must state the date, time, place and purpose of the hearing. The hearing must be held no less than ten days and no more than 30 days after giving such notice. • (2) Following the hearing, the Council may deny, revoke, suspend or decline to renew the license for all or any part or parts of the licensed premises or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this section. (F) No adverse license action shall be imposed where the instance of disorderly use of the licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or within 30 days of notice given by the 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 unit. Eviction proceedings are not a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an 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 which will prevent further instances of disorderly use. (G) A determination that the licensed premises have been used in a disorderly manner as described in division (A) of this section shall be made upon a fair preponderance of the evidence to support such a determination. It is not necessary that criminal charges be brought in order to support a determination of disorderly use nor does the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this section. 0 (Proposed Ordinance #266A) (H) All notices given by the city under this section must be personally served on the licensee, sent by certified mail to the licensee's last known address or, if neither method of • service effects notice, by posting on a conspicuous place on the licensed premises. (I) Enforcement actions provided in this section are not exclusive, and the City Council may take any action with respect to a licensee, a tenant, or the licensed premises as is authorized by the city code, state or federal law. § 226.10 LANDSCAPE CONDITION. Each rental dwelling must be maintained by its owner, occupant, or operator so that the yards, open spaces and parking facilities are kept in a safe and attractive condition. Where a conditional use permit has been granted, the landscaping shown on the approved landscaping plan is considered as minimal and must be maintained accordingly. Any deviation to species or material shall be equal to or better than originally approved. In addition, adequate lighting facilities must be provided and operated between the hours of sunset and sunrise; and snow plowing or snow shoveling must be regularly accomplished to maintain all sidewalk and parking areas in a safe and passable condition. § 266.11 SAFETY FROM FIRE. An owner or operator of a rental dwelling is responsible to comply with the applicable provisions of the Fire Prevention Code of the city in keeping open all fire lanes established by the city. § 266.12 ENFORCEMENT. (A) Responsibility. It is the responsibility of the owner and operator /agent to be in compliance with this subchapter, other city ordinances and state laws. (B) Maintenance standards. Every rental dwelling must maintain the standards in the city property maintenance code, Chapter 267 of this code, in addition to any other requirement of the ordinances of the city or special permits issued by the city, or the laws of the State of Minnesota. (C) Inspections and investigations. Ll 0 _2-0 (1) The City is authorized to make inspections to enforce this subchapter. (2) All designated agents authorized to inspect have the authority to enter, at all reasonable times, any rental dwelling. Prior to entering a rental dwelling, or premises not otherwise open to the general public, the City must first present proper credentials and request entry. If any owner, operator, occupant or other person(s) in charge of a rental dwelling fails or refuses to permit free access and entry to the structure or premises under the person's control, or any part thereof, with respect to which an inspection authorized by this subchapter is sought to be made, the designated agent may, upon 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 rental dwelling, petition and obtain such order from a court of competent jurisdiction in order to secure entry. (3) Compliance orders must be written in accordance with § 107.00 of the International Property Maintenence Code. (4) There is no fee charged for an initial inspection to determine the existence of a housing maintenance code violation, nor any fee for the first reinspection to determine compliance with an order to correct a housing maintenance code violation. (a) A fee will be charged for each subsequent reinspection occurring after the due date for compliance with an order, as determined by the City. The amount of the reinspection fee will be set by resolution of the council as listed in the Appendix of this code. (b) The reinspection fees prescribed above are to be billed directly to the owner or operator /agent for the property upon completion of any reinspection for which a fee is required. Failure to pay such fees is grounds for revocation, suspension, or non - issuance of a rental dwelling license. This subdivision is not to be considered the exclusive method of collecting reinspection fees and does not preclude collection by other lawful means. (c) Every notice of violation and order to correct housing code violations must contain a clear and conspicuous explanation of the policy in this section requiring reinspection fees for subsequent reinspection. (d) The City may waive a reinspection fee in case of error, mistake, injustice, or other good cause. (5) The City has the authority to inspect records to determine compliance with § 266.063(C) and (D). • (D) Revocation, suspension, denial or non - renewal of license. -, Zi (Proposed Ordinance #266A) (1) After a hearing, the Council may revoke, suspend, deny or decline to renew any license issued under this subchapter for part or all of a facility upon any of the following grounds: (a) False statements on any application or other information or report required by this subchapter to be given by the applicant or licensee; (b) Failure to pay any application, penalty, reinspection or reinstatement fee required either by this section or City Council resolution; (c) Failure to correct deficiencies in the time specified in a compliance order; (d) Failure to reduce police calls to a level that qualifies for a regular license or failure to otherwise comply with the provisions of an approved mitigation plan in the case of provisional licenses; (e) Failure to allow inspection of records under § 266.12(C)(5); (f) Failure to allow an authorized inspection of a rental dwelling; (g) Any other violation of this subchapter. (2) Before a decision to revoke, suspend, deny or not renew a license is made, written notice must be sent to the applicant or licensee setting forth the alleged grounds for the potential action. The notice must also specify a date for a hearing before the Council, which must not be less than ten days from the date of the notice. At the hearing, the licensee may present witnesses in their defense. The Council may give due regard to the frequency and seriousness of 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 deny, not renew, suspend or revoke a license only upon written findings. (3) Upon a decision to revoke, deny or not renew a license, no new application from the current owner for the same facility will be accepted for a period of time specified in the council's decision, not exceeding one year. New applications must be accompanied by a reinstatement fee, in addition to all other required fees. r 1 (4) A decision to revoke, suspend, deny or not renew a license or application will specify the part or parts of the facility to which it applies. Until a license is reissued or reinstated, no rental units becoming vacant in such part or parts of the facility may be relet or occupied. Revocation, suspension or non - renewal of a license will not excuse the owner from compliance with all terms of this section for as long as any units in the facility are occupied. -2z (Proposed Ordinance #266A) (5) Failure to comply with all terms of this section during the term of revocation, suspension or non - renewal is a misdemeanor and grounds for extension of the term of • revocation, suspension or continuation of non - renewal of the license. (E) Failure to comply with an approved mitigation plan will subject the licensee to a licensee fee surcharge, if, as a result of such failure to comply, the city incurs costs above and beyond the normal costs of administering and overseeing the provisional license program. (F) Summary action. (1) When the conduct of any license holder or their agent, representative, employee or lessee or the condition of their rental dwelling is detrimental to the public health, sanitation, safety and general welfare of the community at large or residents of the rental dwelling as to constitute a nuisance, fire hazard or other unsafe or dangerous condition and thus give rise to an emergency, the City has the authority to summarily condemn or close off individual units or such areas of the rental dwelling. Notice of summary condemnation must be posted at the location of the rental dwelling license and at the units or areas affected and shall indicate the units or areas affected. (2) Any person aggrieved by a decision or action of the City to cease business or revoke or suspend all or part of the license or permit shall be entitled to appeal to the Council immediately, by filing a notice of appeal in the office of the City. The City code enforcement staff must schedule a date for hearing before the Council and notify the aggrieved person of the date. (3) The hearing must be conducted in the same manner as if the aggrieved person had not received summary action. (4) The decision of the compliance official is not voided by the filing of such appeal. Only after the Council has held its hearing will the decision or action of the compliance official be affected. (G) Posting of unlicensed properties. Any dwelling found in violation of § 266.03 of this chapter may be posted with a placard near or upon the main entrance of the dwelling and must be substantially in the following form: NOTICE Property Address This property is in violation of Andover Ordinance Section 266.03, License Required. Failure to obtain a rental license will result in legal action. Any unauthorized person removing or defacing this notice will be prosecuted. Division... Designated Agent...Date _Z3-_ (Proposed Ordinance #266A) § 266.13 REMOVAL OF SNOW AND ICE. The owner of any rental dwelling is responsible for the removal of snow and ice from parking lots, driveways, steps and walkways on the premises. Individual snowfalls of three inches or more, or successive snowfalls accumulating to a depth of three inches must be removed from walkways and steps within 48 hours after the cessation of the snowfall. 0 C� i Appendix 0 / i�iper`Y FRIDLEY CITY CODE • CHAPTER 220. RESIDENTIAL RENTAL PROPERTY MAINTENANCE AND LICENSING CODE (Ref. No. 213, 222, 286, 673, 747,1033) 220.01. TITLE This Chapter shall be referred to as the "Residential Rental Property Maintenance and Licensing Code ". 220.02. PREAMBLE The City believes that providing for public health, safety, and welfare to its citizens mandates the existence of a rental property licensing and maintenance program which corrects substandard conditions, and maintains a standard for rental property. 220.03. SCOPE This Chapter applies to all buildings which are rented in whole or in part as a dwelling for persons other than the property owner's "family" as defined therein. It includes accessory- structures such as garages and storage buildings, and appurtenances such as sidewalks and retaining walls, which are on the lot where the rental property is located. This Chapter does not apply to Minnesota Department of Health licensed rest homes, convalescent care facilities, and nursing homes, nor to hotels and motels licensed by the City under Chapter 26. 220.04. PURPOSE This Chapter establishes licensing, inspection and maintenance requirements for property rented as dwelling units. 220.05. DISCRIMINATION AND PRIVATE CONTRACTS This Ordinance shall be enforced in a non - discriminatory manner and exclusively for the purpose of promoting public welfare. The City neither expressly nor by implication assumes any obligations or liabilities respecting such private rights or disputes, including those which involve or arise out of the non - conformity of any premises in the City to the provisions of this Ordinance. Nothing in this Ordinance precludes a Licensee from entering into a contract for the maintenance, repair, or management of a rental dwelling; in such cases, however, Licensee will still be held responsible to ensure the condition of the property conforms with this Chapter. 220.06. DEFINITIONS For the purpose of this Chapter, certain terms and words are defined. Words not specifically defined in this Chapter shall have their ordinary meanings within the context with which they are used. The referenced dictionary of the governing Building Code shall be considered as providing ordinarily accepted meanings. Whenever the words "Dwellings ", "Dwelling Unit ", "Building ", "Structure ", or "Premises" are used in this Chapter, they shall be construed as though they were followed by the words, "or any part thereof'. `l Fridley City Code Chapter 220 Section 220.06.8. The following words, terms, and phrases and their derivatives shall be construed as defined in this section; words used in the singular include the plural and the singular; words used in the masculine gender include the feminine and vice versa. 1. Accessory Building or Use. A subordinate building or use which is located on the same lot as principal building or use and is necessary or incidental to the conduct of the principal building or use. 2. Approved. Approved as to construction, installation, and maintenance in accordance with all applicable codes and state statutes. 3. Basement. That portion of a building between floor and ceiling which is partly below grade, but so located that the vertical distance from grade to floor below is more than the vertical distance from grade to ceiling. :-• X111 A habitable room within a dwelling unit which is used, or intended to be used, primarily for the purpose of sleeping, but shall not include any kitchen or dining area. 5 Building. Any structure having walls and a roof, built for the shelter or enclosure of persons, animals, or property of any kind. 6. Clean. The absence of rubbish, garbage, vermin, and other unsightly, offensive, or extraneous matter. 7. Compliance Official. The designated authority charged with the administration and enforcement of this code, or his/her duly authorized representative. 8. Condominium. A multiple dwelling in which portions are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. A multiple dwelling is not a condominium unless the undivided interests in the common elements are vested in the unit owners. is _Z_ Fridley City Code Chapter 220 Section 220.06.17. 9. Dwelling. A residential building, or portion thereof, but not including hotels, motels, lodging houses, recreational vehicles, tents, rest homes, convalescent homes, and nursing homes. 10. Dwelling, Multiple. A residential building, or portion thereof, designed for occupancy by two (2) or more families living independently of each other. 11. Dwelling, One - Family. A detached building designed exclusively for occupancy by one (1) family. 12. Dwelling, Two - Family. A detached building designed exclusively for occupancy by two (2) families living independently of each other. 13. Dwelling Unit. A single unit providing complete independent living facilities for one (1) person including permanent provisions for living, sleeping, eating, cooking, and sanitation. 14. Easily Cleanable. Readily accessible and of such material and finish, and so fabricated and placed that residue which may accumulate can be completely removed by normal cleaning methods. 15. Electrical System. Any and all methods of transmitting electricity to and within any dwelling or dwelling unit. 16. Exit. A continuous and unobstructed means of egress to a public way and shall include intervening doors, doorways, corridors, ramps, stairways, smoke -proof enclosures, horizontal exits, exit passageways, exit courts, and yards. 17. Extermination. The control and elimination of insects, rodents, or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, or trapping, or by any other recognized or legal pest elimination methods approved. 0 —I- Fridley City Code Chapter 220 Section 220.06.24. • 18. Family. An individual or two (2) or more persons related by blood, marriage, or adoption, including foster children, and bona fide domestic servants, subject to the following conditions: A. More than five (5) unrelated persons, living in a dwelling unit shall not constitute a family. B. A group home which is a federal tax exempt, non- profit organization shall constitute a family whether or not the total persons other than the live -in staff or principal occupant exceeds five (5). 19. Floor Area, Gross. The sum of the gross horizontal area of the several floors of a structure or structures measured from the exterior faces and exterior walls or from the center line of common walls separating dwelling units. Basements devoted to storage and/or off - street parking shall not be included. 20. Functioning. In such physical condition as to safely perform the service or services for which an item is designed or intended. 21. Governing Building Code. The applicable edition of the Minnesota State Building Code. 22. Habitable Room. A room or, 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, pantries, utility rooms, foyers, communicating corridors, stairways, closets, storage spaces, and attics. 23. Heated Water. Heated water supplied to plumbing fixtures at a temperature of not less than 110 degrees Fahrenheit. 24. Heating, Ventilating and Air Conditioning Systems. Any and all units, equipment, material, and miscellaneous devices used in the process of heating, ventilating, and air conditioning of any dwelling or dwelling unit. 0 IrA Fridley City Code Chapter 220 Section 220.06.34. • 25. Infestation. The presence within or around a dwelling or dwelling unit of any insect, rodent, vermin or other pests. 26. Kitchen. A habitable room within a dwelling unit intended to be used for the cooking of food or the preparation of meals. 27. Licensee. The owner or designated agent or operator of the rental dwelling who is issued a rental dwelling license for purposes of this Code. 28. Living Room. A habitable room within a dwelling unit which is intended to be used primarily for general living purposes. 29. Lodging House. Any building or portion thereof containing not more than five (5) guest rooms where rent is paid in money, goods, labor, or otherwise. 30. Maintenance. To keep in a good state of repair; to preserve from deterioration. 31. Multiple Occupancy. The occupancy of a structure that supports, shelters or encloses more than one distinct use. 32. Non - combustible. Any material or a combination of materials which complies with the most recent edition of the U.B.C. 33. Non - resident Owner. An owner of a rental dwelling who does not reside or live in the rental dwelling. 34. Nuisance. A nuisance shall be any act as defined in Chapter 110 of the City Code. —br— Fridley City Code Chapter 220 35. Occupancy. The purpose for which a structure, or part thereof, is used or intended to be used. 36. Occupant. Any person residing in a dwelling or dwelling unit. 37. Operate. Section 220.06.43. As used in this Chapter, the term means to charge a fee or other form, of monetary compensation for the use of a unit in a rental dwelling or for the use of an accessory structure. 38. Operator, Manager, Caretaker, or Agent. Any person who has charge, care or control of a structure, or part thereof, in which condominiums exist or rental dwelling units are let. 39. Owner. Any person, firm, corporation, agent or condominium association who alone, jointly or severally with others shall be in actual possession of, or have charge, care or control of any dwelling, is dwelling unit or condominium within the City. 40. Person. A natural person, that person's heirs, executors, administrators or assigns, and also a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid. 41. Plumbing System. 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, vents, and any other similar fixtures and the installation thereof, together with all connections of water, sewer, or gas lines. 42. Premises. A platted lot or portion thereof or an unplatted parcel of land and adjacent right -of -way either occupied or unoccupied by a building and/or accessory structure. 43. Property. All land and structures and systems therein, platted lots or parts thereof or an unplatted parcel of land. _6 Fridley City Code Chapter 220 Section 220.06.51. . 44. Proper Connection to an Approved Sewer System. A functioning sewer connection free from defects, leaks or obstructions with sufficient capacity to drain all fixtures or appliances which feed into it. The sewer system must be capable of disposing of sewage in a safe, sanitary, and adequate manner. 45. Proper Connection to an Approved Water System. A functioning plumbing connection free from defects, leaks or obstructions providing a potable, controllable flow of water. 46. Public Areas. Those areas which are normally used by or open to the general public, regardless of access restriction by a locked exterior door. 47. Reasonable Care. The treatment of all facilities, fixtures, equipment, and structural elements such that depreciation of these objects and materials is due to their age and normal wear rather than due to neglect. 48. Refuse. Any solid or liquid waste products or those having the character of solids rather than liquids in that they will not flow readily without additional liquid and which are composed wholly or partly of such materials as garbage, swill, sweepings, cleanings, trash, rubbish, litter, industrial solid wastes or domestic solid wastes, organic wastes or residue of animals sold as meat, fruit or other vegetable or animal matter from kitchens, dining rooms, markets, or food establishments of any places dealing in or handling meat, fowl, grain or vegetables; offal, animal excrete or the carcass of animals; tree or shrub trimmings; grass clippings, brick, plaster or other waste matter resulting from the demolition, alteration or construction of buildings or structures; accumulated waste materials, cans, containers, tires, junk; or other such substance which may become a nuisance. 49. Rental Dwelling or Rental Dwelling Unit. A dwelling or dwelling unit and accessory structure (if any) let for rent or lease. 50. Repair. To restore to a sound and acceptable state of operation, serviceability or appearance in the determination of the City. 51. Retaining Wall. A wall or structure constructed of stone, concrete, wood, or other materials used to retain soil, as a slope transition, or edge of a planting area. -17- Fridley City Code Chapter 220 Section 220.60. 52. Rodent Harborage. Any place where rodents live, nest or seek shelter. 53. Rodent - Proof. A condition where a structure or any part thereof is protected from rodent infestation by eliminating ingress and egress openings such as cracks in walls and holes in screens. For the purpose of this ordinance, the term "rodent- proof' shall be construed as though it included "insect- proof' and "vermin- proof'. 54. Safe. The condition of being free from danger and hazards which may cause accidents or disease. 55. Story. That portion of a building included between the upper surface of any floor and the upper surface of the next floor above it; if there is no floor above it, the space between the floor and the ceiling above it. A basement is a story for the purposes of height regulations if one -half (1 /2) or more of the basement height is above the level of the adjoining ground. 56. Structure. Anything constructed or erected which requires location on or under the ground or attached to something having location on or under the ground. 57. Uniform Building Code (U.B.C.). Shall mean the code published by the International Conference of Building Officials, and any materials referenced therein. 58. Unsafe. As applied to a structure, a condition or combination of conditions which are dangerous or hazardous to persons or property. 59. Unsanitary. Conditions which are dangerous or hazardous to the health of persons. 60. Use. The purpose for which land, a building, or structure is or is to be used or occupied, and shall • include the performance of such activity as defined by the performance standards of this Chapter. MA Fridley City Code Chapter 220 61. Water Closet. Section 220.10.1.A. A toilet, with a bowl and trap made in one piece, which is connected to the City water and sewer system or other approved water supply and sewer system. 62. Yard. All ground, lawn, court, walk, driveway, or other open space constituting part of the same premises and on the same lot with a main building. 220.07. RESPONSIBILITY OF OWNERS The owner of a dwelling or dwelling unit shall be responsible for the maintenance of that structure and for meeting the provisions of this Chapter. Those responsibilities may not be abrogated by a private agreement. 220.08. JOINT RESPONSIBILITIES OF OCCUPANTS AND OWNERS 1. No owner, operator, or occupant of any dwelling unit shall allow the accumulation or. formation of dirt, filth, refuse, or rodent harborages on the premises which he occupies or controls in a manner that could create a health hazard to the dwelling occupants or the general public. • 2. Nuisances: No owner, operator, or occupant of any dwelling unit shall allow the formation or presence of any nuisances in or about the premises he /she occupies or controls. 3. Conduct on licensed premises: Every owner, operator, or occupant of any dwelling unit shall conform to the provisions of Section 220.14 of this Chapter. 220.09. REMOVAL OF EQUIPMENT AND DISCONTINUANCE OF BASIC SERVICES No owner, operator, or occupant shall cause any service, utility, facility, or equipment which is required under this Chapter, to be removed from or shut off from any occupied dwelling or dwelling unit except for such temporary interruptions as may be necessary while actual repairs or alterations are in process or during temporary emergencies. 220.10. MINIMUM STANDARDS FOR PRINCIPAL STRUCTURES 1. Minimum Exterior Standards A. Foundations, exterior walls, and roofs: The foundation, exterior walls, and exterior roof shall be water tight, rodent proof, and shall be kept in sound condition and repair. Every window, exterior door, and hatchway shall be substantially tight and shall be kept in sound condition and repair. The foundation shall adequately support the building at all . points. Exterior walls shall be maintained and kept free from dilapidation by cracks, tears, or breaks or from deteriorated plaster, stucco, brick, wood, or other — F._ Fridley City Code Chapter 220 Section 220.10. LE. material that is extensive and gives evidence of long neglect. The protective surface on . exterior walls of a building above ground level shall be maintained in good repair so as to provide a sufficient covering and protection of the structural surface underneath against its deterioration. Without limiting the generality of this section, a protective surface of a building shall be deemed to be out of repair if: (1)The protective surface is paint which is blistered to an extent of more than twenty -five percent (25 %) of the area of any plane or wall or other area including window trim, cornice members, porch railings, and other such areas; (2) More than ten percent (10 %) of the pointing of any chimney or twenty -five percent (25 %) of the pointing of any brick or stone wall is loose or has fallen out. (3) More than twenty -five percent (25 %) of the finish coat of a stucco wall is worn through or chipped away. Any exterior surface or plane required to be repaired under the provisions of this section shall be repaired in its entirety. If a weather resistant surface such as brick, plaster, or metal is covered with paint that is more than twenty -five percent (25 %) blistered, it shall be repainted unless the defective paint covering is removed in its entirety. B. Accessory Structure Maintenance . Accessory structures supplied by the owner, operator, or occupant on the premises of a dwelling shall be structurally sound, and be maintained in good repair and appearance. Exterior walls, foundations, roofs, and exits of an accessory structures shall be maintained in accordance with the standards set forth for principal structures. C. Fence Maintenance Fences shall be maintained in good condition both in appearance and in structure. Wood material, other than decay resistant varieties, shall be protected against decay by use of paint or other preservatives. If twenty -five percent (25 %) or more of the painted surface of a fence is determined by the Compliance Official to be paint blistered, the surface shall be properly scraped and repainted. D. Retaining Walls Retaining walls shall be kept in good condition, repair, and appearance. A retaining wall shall be deemed out of repair when it has substantially shifted or slumped out of its original design position. E. Yard Cover All exposed areas surrounding (or within) a principal or accessory use, including street boulevards which are not devoted to parking, drives, sidewalks, patios, or other such Fridley City Code Chapter 220 Section 220.10.2. uses, shall be landscaped with grass, shrubs, trees, or other ornamented. landscape • material and shall be maintained to prevent erosion from wind and/or water runoff. Such landscaping shall be maintained in good condition and free of noxious weeds. Grass and weeds may not exceed ten (10) inches in height at any time. F. Cutters and Downspouts Existing gutters, leaders, and downspouts shall be maintained in good working condition as to provide proper drainage of storm water. In no case shall storm water be channeled into the sanitary sewer system. Neither shall storm water, ice, or snow be directed into, or channeled across walkways or streets where it is likely to be a hazard to life or health. G. Exterior Lighting For multiple family dwellings, all exterior parking areas shall be provided with an average, maintained, horizontal illumination of six -tenths (0.6) foot candles. Parking lot illumination shall not be directed onto a public street or adjoining property. H. Snow and Ice Removal The owner of a dwelling containing two (2) or more dwelling units shall be responsible for cleaning and maintaining all walks, drives, and parking areas, and keeping steps free of any ice or any snow accumulations of two or more inches within 24 hours of the . storm's completion. I. Driving 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 occupants consistent with the City Code. J. Facilities for Storage and Disposal of Refuse Every owner of a residential property shall be responsible for providing and maintaining facilities for the storage and disposal of refuse and for arranging for the collection of this material as required by the City Code. K. Grading and Drainage. Every yard, court, or passageway on the premises on which a dwelling stands must be maintained in a way to prevent the excessive accumulation of standing water which constitutes a detriment to the health and safety of the occupants or the general public. 2. Minimum Plumbing Standards • All plumbing in every dwelling unit and all shared or public areas shall be properly installed and maintained in a sanitary, safe, and functioning condition, and shall be properly connected to an approved sanitary system. -lr- Fridley City Code Chapter 220 Section 220.10.3.F. A. Every fixture, facility, or piece of equipment requiring a sewer connection shall have a functioning connection, free from defects, leaks, or obstructions, and shall possess sufficient capacity to drain all other fixtures, facilities, or pieces of equipment which feed into it. The sewer system must be capable of conveying all sewage into the municipal sanitary sewer system. B Every fixture, facility, or piece of equipment requiring a water connection shall have a functioning connection, free from defects, leaks, or obstructions. Each water connection shall possess sufficient capacity to adequately supply all fixtures, facilities, or pieces of equipment to which connected with an uncontaminated, controllable flow of water. 3. Minimum Electrical Standards: Every dwelling unit and all public and public areas shall be supplied with electric service, functioning and safe circuit breakers or fuses, electric outlets, and electric fixtures which are properly installed and maintained in a safe working condition. The minimum capacity of such electric service and the minimum number of electric outlets and fixtures shall be as follows: A. Dwellings containing one or two dwelling units shall have at least the equivalent of sixty (60) ampere, electric service per dwelling unit; B. Dwelling units shall have at least one fifteen (15) ampere branch electric circuit for each six hundred (600) square feet of dwelling unit floor area; C. Every habitable room shall have at least one floor or wall -type electric convenience outlet for each sixty (60) square feet or fraction thereof of total floor area, and in no case less than two such electric outlets. Temporary wiring, extension cords, or drop cords shall not be used as permanent wiring. In cases where more than two outlets are required, one ceiling or wall -type light fixture may be substituted for one required outlet. Required outlets shall, insofar as possible, be spaced equal distances apart; D. Every water closet compartment, bathroom, kitchen, laundry room, and furnace room shall contain at least one supplied ceiling or wall -type electric light fixture and every bathroom and laundry room shall contain at least one electric convenience outlet; E. Every public hall and stairway in every multiple family dwelling shall be adequately lighted by natural or electric light at all times, so as to provide illumination having an intensity of not less than one foot candle at floor level to all parts thereof. The lights in the public hall and stairway of dwellings containing not more than two dwelling units may be controlled by conveniently located switches instead of full -time lighting; F. A convenient switch for turning on a light in each dwelling unit shall be located near the principal point of entrance to such unit. A patio door entrance may be exempt if it is not a principal entrance. —l2 — Fridley City Code Chapter 220 Section 220.10.6. G. If provided, exterior electrical outlets shall be weather proofed. No electrical drop cords, extension cords, or electrical wires shall extend across a walkway or driveway, or otherwise create a hazard to pedestrians or vehicles. 4. Minimum Heating Standards A. All dwellings shall have primary heating facilities which are properly installed and maintained in a safe, efficient working condition and which are capable of maintaining a minimum indoor temperature of 68 degrees F. at an outside temperature of -20 degrees F. at 36 inches above the floor in all habitable rooms, bathrooms, and water closet compartments in every dwelling unit located therein. B. Gas or electric appliances designed specifically for cooking or water heating purposes, and portable heating equipment, shall not be considered primary hearing facilities within the meaning of this section. C. No owner or occupant shall install, operate, or use a heater employing a flame that is not installed and maintained in accordance with manufacturer's specifications and applicable City and State Codes. D. Whenever the occupant lacks direct control over the primary heating facility to his/her dwelling unit, it shall be the responsibility of the owner to maintain minimum heating standards as set forth above. is 5. Water Heating Standards: Every dwelling unit shall have supplied water heating facilities which are installed in an approved manner, properly maintained, and which are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub, shower, and laundry facilities, or other similar units at a temperature of not less than one hundred ten degrees (110) Fahrenheit, forty -six degrees (46) Celsius, at any time needed. Water temperatures shall comply with but not exceed the standards stipulated in the most recently adopted Minnesota Energy Code. 6. Minimum Natural Light and Ventilation Standards: Every habitable room shall have window area of no less than eight percent (8 %) of the floor area and at Ieast one window facing directly outdoors which can be opened easily. At minimum, the total openable window area of every habitable room shall be four percent (4 %) of the floor area of the room, and in no case less than four (4) square feet. In lieu of natural ventilation, a mechanical ventilating system may be provided which is capable of providing two air changes per hour, with twenty percent (20 %) of the air supply taken from the outside. Every bathroom and water closet compartment shall have at least fifty percent (50 %) of the openable window requirement otherwise appropriate for the floor area, except that no windows shall be required if such rooms are equipped with an exhaust fan connected directly to the outside, capable of providing five (5) air changes per hour. For the purpose of determining light and ventilation requirements, any room may be considered as a portion of an adjoining room when one -half of the area of the common wall is open and • unobstructed and provides an opening of not less than one -tenth of the floor area of the interior room or twenty -five (25) square feet, whichever is greater. Windows shall not be required in _(3 Fridley City Code Chapter 220 Section 220.10.7.C. kitchens of dwelling units when such kitchen has an opening of at least twenty (20) square feet . into an adjoining habitable room and when such kitchen is provided with an approved mechanical ventilation system. In addition, the window area of the adjoining habitable room referred to above shall be of sufficient size so as to provide for the light and ventilation requirements of the kitchen area as well as for said adjoining habitable room. 7. Minimum Structural Standards A. Floors, Interior Walls, and Ceilings: Every floor, interior wall, and ceiling shall be adequately protected against the passage and harborage of vermin, rodents, and insects. Every floor shall be free of loose, warped, protruding, or rotted flooring materials and all floor covering shall be maintained in good condition. Every interior wall and ceiling shall be free of holes and large cracks, loose plaster, and blistered paint and shall be maintained in good condition. Lead based paints classified toxic to children shall not be used on wall or molding surfaces. Every toilet room, bathroom, and kitchen floor surface shall be easily cleanable and maintained in good condition. B. 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. Every flight of stairs and every porch and balcony floor shall be free of structural deterioration. Every stairwell and every flight of stairs which is more than three risers high shall have at least one handrail approximately thirty to thirty -eight (30 -38) inches high, measured vertically from the nose of the stair tread to the top of the handrail. All unenclosed floor and roof • openings, open and glazed sides of landings and ramps, balconies or porches which are more than thirty (30) inches above grade or floor below, and roofs used for other than service of the building shall be protected by a guardrail; guardrails shall be not less than thirty -six (36) inches in height. Open guardrails and open stair railings on unenclosed stairways shall have intermediate rails such that a sphere six (6) inches in diameter cannot pass through. Every handrail and balustrade shall be firmly fastened and maintained in good condition. A flight of stairs which has settled out of its intended position, or pulled away from the supporting or adjacent structures enough to cause a hazard, must be repaired. 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 uniform in width and height. Stairways shall be capable of supporting loads that normal use may cause to be placed thereon. The minimum dimensions that will be accepted for existing stairways are as follows: rise not to exceed eight (8) inches in height, run of treads to be not less than nine (9) inches in depth. C. Windows, Doors, and Screens: Every window, exterior door, and hatchway shall be substantially tight and shall be kept in sound condition and repair. Every window other than a fixed window or storm window, shall be capable of being easily opened. Every window or other device with openings to outdoor space which is used or intended to be used for ventilation shall be supplied with sixteen (16) -mesh screens. All windows on basement and first floor levels shall have proper locking devices to prevent opening from the outside. All doors and door and window frames shall be free of blistered paint and • shall be maintained in good condition. All door and window hardware and locks shall be functional and be maintained in good condition. —/4L_ Fridley City Code Chapter 220 Section 220.10.8.A.(i) D. Safe Building Elements: Every roof, floor, every porch and balcony, stairway, and every appurtenance thereto, shall be safe to use and capable of supporting loads that normal use may cause to be placed thereon. E. Access to Dwellings: Access to and egress from each dwelling shall be provided by at least one doorway that is a minimum of thirty -six (36) inches wide and eighty (80) inches high and otherwise complies with the fire exit provisions of the City's Fire Code. F. Minimum Ceiling Height: The ceiling height of any habitable room shall be at least seven (7) feet; except that in any habitable room under a sloping ceiling, at least one -half of the floor area shall have a ceiling height of at least seven (7) feet, and the floor area of that part of such a room where the ceiling height is less than five (5) feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy. G. Rooms Below Grade: A room located partly or wholly below grade may be used as a habitable room of a dwelling unit provided all of the requirements of this Ordinance are met. If a room below grade is used for sleeping purposes, an emergency escape or egress must be provided. Acceptable means of egress include: (1) Escape or rescue window with a minimum net clear openable area of 5.7 square feet. The minimum net clear openable height dimension shall be 24 inches. The minimum net clear openable width dimension shall be 20 inches. The finished sill height shall not exceed 44 inches above the floor. (2) Exterior -type door or hatch meeting the same minimum requirements as specified in 220.10.07. (G). (I). H. Door Locks and Security: All doors leading to public or shared areas from all dwelling units shall be provided with a single cylinder deadbolt lock, which must be capable of being locked from the exterior of said unit. For the purpose of this section, a "deadbolt lock" is a locking bolt, which, when in the locked position, can only be moved positively by turning a knob, key, or sliding bolt. Deadbolt locks having a bolt moved by turning a key shall be of the five -pin tumbler type or an approved equivalent. Lock throw shall be not less than three- quarters inch (3/4 "). Locks shall meet the requirements of the most current U.B.C. 8. Minimum Interior Standards A. Kitchen Facilities: Every kitchen in every dwelling unit shall include the following: (1) A kitchen sink in good working condition and properly connected to an approved water supply system. It shall provide at all times an adequate amount of heated and unheated running water under pressure and be connected to an approved sewer system. — /S- Fridley City Code Chapter 220 Section 220.10.9. (2) 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, adequate for the permissible occupancy of the dwelling unit and shall be of sound construction furnished with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food. (3) A stove and a refrigerator which are properly installed with all necessary connections for safe, sanitary, and efficient operation. Provided that such stove, refrigerator, or similar devices need not be installed when a dwelling unit is not occupied and when the occupant is expected to provide same on occupancy, in which case sufficient space and adequate connections for the installation and operation of said stove, refrigerator, or similar devices must be provided. B. Toilet Facilities: Within every dwelling unit, there shall be a nonhabitable room with an entrance door which affords privacy to a person within said room and which room is equipped with a flush water closet in good working condition. 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 shall be connected to an approved sewer system. C. 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 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 an approved sewer system. D. Bathtub or Shower: Within every dwelling unit, there shall be a nonhabitable room which affords privacy to a person within said room and which is equipped with a bathtub or shower in good working condition. Said bathtub or shower may be in the same room as the flush water closet, or in another room, and 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. 9. Minimum Standards for Pest Extermination A. All openings in the exterior walls, foundations, basements, ground or first floors, and roofs shall be rodent - proofed in a manner approved by the Compliance Official. _/6*._ Fridley City Code Chapter 220 Section 220.10.10.G. B. All windows used or intended to be used for ventilation, all other openings, and all exterior doorways which might provide an entry for rodents and insects, shall be supplied with adequate screens or such other devices as will effectively prevent the entrance of rodents and insects into the structure. C. All sewers, pipes, drains, or conduits and openings around such pipes and conduits shall be constructed to prevent the ingress or egress of rodents and insects to or from a building. D. Interior floors of basements, cellars, and other areas in contact with the soil shall be rodent - proofed in a manner approved by the Compliance Official. E. The owner or operator of a dwelling unit shall be responsible for the extermination of rodents, insects, or other vermin on the premises. 10. Minimum Energy Standards Weatherization Requirements: All dwellings which are renter occupied during all or a portion of the months of November through April shall comply with the following weatherization requirements: A. Install weatherstripping between exterior operable window sash and frames and between exterior doors and frames. Weatherstripping is not required on storm doors or storm windows. B. Caulk, gasket, or otherwise seal accessible exterior joints between foundation and rim joist; around window and door frames; between wall and roof; between wall panels; at penetrations for utility services through walls, floors and roofs, and all other openings in the exterior envelope. C. Install storm windows on all single glazed exterior window units enclosing conditioned space. D. Install storm doors on all exterior door openings into conditioned spaces unless a single door, enclosed porch, vestibule, or other appurtenance provides a double door effect or provides an "R" value of two (2) or more. E. Install positive shut -offs for all fireplaces or fireplace stoves, unless an existing damper provides a positive shut -off. F. Install insulation in accessible attics to achieve a minimum total 'R" value of the insulation of R -19. If there is insufficient space for the installation of the recommended "R" value, then the available space shall be insulated to capacity. G. Install insulation in accessible walls and floors enclosing conditioned spaces to achieve a minimum total 'R" value of the insulation of R -11 when there is no insulation _/7 Fridley City Code Chapter 220 Section 220.11.7. in a substantial portion of the exterior walls or floors over an unconditioned space. Accessible walls shall not include above grade foundation walls of basements. If there is insufficient space for the installation of the recommended "R " value, then the available space shall be insulated to capacity. 11. Occupancy Standards Notwithstanding any private agreements between the landlord and occupant providing for more restrictive occupancy standards, the maximum occupancy standards shall be: A. No more than one family shall occupy a dwelling unit; and B. The maximum number of occupants in any rental dwelling unit shall not exceed the total of two times the number of bedrooms and the living room. 220.11. HAZARDS The following are considered immediate hazards to the health, safety, and general welfare of the occupant. 1. Heating systems that are unsafe due to: burned out or rusted out heat exchangers (fire box); burned out, rusted out, or plugged flues; not being properly vented; being connected with unsafe gas piping; or failing to meet the minimum heating standards set forth in Section 220.10.04. • 2. Water heaters that are unsafe due to: burned out or rusted out beat exchangers (fire box); burned out, rusted out or plugged flues; not being properly vented; being connected with unsafe gas piping; or lack of a properly installed and maintained temperature and pressure relief valve. 3. Electrical systems that are unsafe due to: dangerous overloading; damaged or deteriorated equipment; improperly taped or spliced wiring; exposed uninsulated wires; distribution systems of extension cords or other temporary methods; or ungrounded systems or appliances. 4. Plumbing systems that are unsanitary due to: sewer backups; leaking waste system fixtures and traps; lack of water closet; lack of washing and bathing facilities; or cross connections of potable water supply and sewer lines. 5. Structural systems, walls, chimneys, ceilings, roofs, foundations and floor systems that will not safety carry imposed loads. 6. Refuse, garbage, human waste, decaying vermin, or other dead animals, or other materials rendering it unsanitary for human occupancy. 7. Infestation of rodents, insects, vermin, and/or other pests. _/7- Fridley City Code Chapter 220 • 220.12. FIRE SAFETY 1. Fire Exits. Section 220.12.3. A. All dwellings shall have required fire exits, maintained in fully operable condition, and readily accessible to occupant, as per the governing Building Code. B. All exit stairways in multiple dwellings or condominiums having more than two (2) occupied levels shall be separated from each other by a substantial separation of at least a one hour fire resistance rating as detailed in the most recent edition of the U.B.C., or other approved one hours assembly. C. All multiple dwellings or condominiums having more than one two (2) levels and the lowest level is at an elevation less than grade and having the exit at grade level shall provide a substantial barrier constructed and placed so as to prevent a person from proceeding down the stairs to a level lower than the level of exit. D. All multiple dwellings or condominiums with 25 or more dwelling units shall provide emergency lighting in the exit ways, corridors, And systems in accordance with Chapter 5 -1021 of the N.F.P.A. Std. 101. 2. Automatic Alarms. • A. All multiple dwellings and condominiums having an excess of four (4) dwelling units shall provide a manually operated fire alarm system capable of alerting all the occupants of the structure. Each such alarm system shall be activated by a manual pull station located at each exit door and by an automatic device located in the utilities and/or room in which the primary heating system is located. Such device shall be a smoke detector, detecting products of combustion other than heat, and bearing the approval of the Underwriters Laboratories or Factory Mutuals Testing Service for such service, or the International Conference of Building Officials. B. Every dwelling unit with a dwelling or condominium shall be provided with a smoke detector, detecting products of combustion other than heat, and conforming to the requirements of the Underwriters, Laboratories or approved by the International Conference of Building Officials. When actuated, the detector shall provide an alarm in the dwelling unit. 3. Fire Protection System. All fixed and portable fire protection systems and appliances must be accessible and maintained for immediate emergency use. 11 —/%— Fridley City Code Chapter 220 Section 220.13.3.D. i 4. Prohibiting Inside Connection of External Appliances. It shall be unlawful for an owner of a residential rental property or condominium to allow electrical drop cords, extension cords or any electrical wire to run from any electrical outlet from inside the dwelling or dwelling unit for service to an electrical appliance outside of the dwelling or dwelling unit. 220.13. LICENSING 1. No person shall operate, let, or cause to be let, a rental dwelling unit without first having obtained a license to do so from the City of Fridley as hereinafter provided. Upon receipt of a properly executed application -for licensing, the Compliance Official and/or his/her designated agent may cause an inspection to be made of the premises to determine whether the structure is in compliance with this Ordinance, other Fridley ordinances, and the laws of the State of Minnesota. Each such operating license shall be issued annually and shall expire on the anniversary date of issuance. License renewal shall be filed at least thirty (30) days prior to license expiration date. Every rental dwelling may be reinspected after a renewal application is filed to determine if the premises still conforms to all applicable ordinances and codes. 2. Conformance No operating license shall be issued or renewed unless the residential rental property or condominium conforms to the provisions of this Chapter, the ordinances of the City, and the laws and regulations of the State of Minnesota. 3. Fees A. The annual license fee shall be as provided in Chapter 11 of the City Code. B. At the time that a third inspection of a dwelling or dwelling unit is needed for an uncorrected violation, a reinspection fee shall be charged to the owner. The reinspection fee shall be sixty dollars ($60.00) for each reinspection needed after the initial inspection and the second inspection. No license shall be issued until all outstanding reinspection fees have been paid. If a dwelling or dwelling unit is licensed, the license may be revoked or suspended in the manner described in Section 220.13.09. C. In order to restore a license for a rental dwelling or dwelling unit which has had its license revoked or suspended, the license application shall be accompanied by the license fee equal to one hundred and fifty percent (150 %) of the annual license fee as provided in Chapter 11. D. A fee of twenty -five dollars ($25.00) shall be paid when filing the license Transfer Form as required in Section 220.13.08. Fridley City Code Chapter 220 Section 220.13.6. 0 4. Owner, Agent, or Operator to Apply. License application or renewal shall be made by the owner of rental units or a legally constituted agent or operator. Application forms may be acquired from and subsequently filed with the Compliance Official. The applicant shall supply the following: A. Name, address, and telephone number of the dwelling owner; partners of a partnership; corporate officers of a corporation. The City must be notified in writing within five (5) days of any change of address. B. Name, address, and telephone number of designated agent or operator. The City must be notified in writing within five (5) days of any change of address. C. Name, address, and telephone number of vendee if dwelling is being purchased through a contract for deed or mortgage (name of lender or financial institution holding mortgage). D. Legal description and address of dwelling. E. Number of units in each rental dwelling and the type of units (one (1) bedroom, two (2) bedroom, etc.) within each of the rental dwellings. F. The number of paved off - street parking spaces available (e.g. enclosed parking spaces, exterior parking spaces, and handicap parking spaces). G. Description of procedure through which tenant inquires and complaints are to be processed. 5. Agents for Emergency Repairs Required. No operating license shall be issued or renewed for a nonresident owner of rental dwelling units unless such owner designates in writing to the Compliance Official the name of his/her resident agent or operator who is responsible for maintenance and upkeep and who is legally constituted and empowered to institute emergency repairs of the rental dwelling unit. The Compliance Official shall be notified in writing of any change of resident agent. 6. Inspection. The Inspection Department shall set up a schedule of periodic inspections to ensure City-wide compliance with this Chapter. The Compliance Official shall provide reasonable notice to the owner or operator as to the date and time of the inspection. Every occupant of a dwelling unit. shall give the owner or operator thereof, or his/her agent or employee, access to any part of such dwelling unit, or its premises, at reasonable times for the purpose of effecting inspection, maintenance, repairs, or alterations as are necessary to comply with the provisions of this Ordinance. If any owner, operator, occupant, or other person in charge of a dwelling or dwelling unit fails or refuses to permit free access and entry to the structure or premises under his/her control for an inspection pursuant to this Ordinance, the Compliance Official may seek a court order authorizing such inspection. —U— Fridley City Code Chapter 220 is 7. Posting of License. Section 220.13.9.C.(2) Every license of a multiple dwelling shall cause to be conspicuously posted in a frame with transparent protective covering in the main entry way or other conspicuous location therein the current license for the respective multiple dwelling. 8.. License Transferability. No operating license shall be transferable to another person or to another rental dwelling without written approval of the Compliance Official. A license issued hereunder is transferable providing that the new owner, partners, or corporate officers submit to the Compliance Official within five (5) business days after legally acquiring ownership of the licensed rental dwelling(s), a License Transfer Form (supplied by the City), along with the required transfer fee. Failure to submit the license transfer form and the transfer fee shall result in the termination of the rental license. 9. License Suspension or Revocation. A. Notification. Prior to suspension or revocation, the licensee (or his/her designated agent) and all occupants of units potentially subject to suspension or revocation, shall be notified in writing pursuant to Section 220.15 of this Chapter at least twenty (20) days prior to a hearing on the matter. B. Hearing. A hearing shall be held before the Council or a hearing examiner appointed by the Council. The hearing shall be conducted to meet the licensee and occupant's due process rights, including: (1) Allowing interested parties the right of legal representation, the right to present evidence, witnesses, and to cross - examine all adverse witnesses, and (2) Making a complete record of all proceedings, including findings of fact and conclusions of law. C. Suspension or Revocation. Every operating license issued under the provisions of this ordinance is subject to suspension or revocation for the entire rental dwelling or for individual rental dwelling units, by the City Council, should the licensee fail to operate or maintain the licensed rental dwelling(s) and dwelling units therein consistent with the provisions of this Chapter, all applicable ordinances of the City, and the laws and regulations of the State of Minnesota. An operating license may also be suspended or revoked for any of the following reasons: (1) The license was procured by misrepresentation of material facts, by fraud, by deceit, or by bad faith. (2) The applicant or one acting in his/her behalf made oral or written misstatements or misrepresentations or material facts in or accompanying the application. Fridley City Code Chapter 220 Section 220.13.12. (3) The licensee or applicant has failed to comply with any condition set forth in any other permits granted by the City of Fridley. (4) The activities of the licensee in the licensed activity create or have created a serious danger to the public health, safety, or welfare. (5) The licensed business, or the way in which said business is operated, maintains or permits conditions that injure, annoy, or endanger the safety, health, morals, comfort, or repose of any member of the public. E. Effect of Suspension or Revocation. In the event that an operating license is suspended or revoked by the City Council under Sections 220.7 to 220.12, it shall be unlawful for the owner or his /her duly authorized agent to thereafter permit any new occupancies of vacant, or thereafter vacated rental units, until such time as a valid operating license is restored to the affected units. Issuance of a new license after suspension or revocation shall be made in the manner provided for obtaining an initial license. 10. Posted to Prevent Occupancy. Whenever any dwelling or dwelling unit has been denied a license, has had its operating license suspended or revoked pursuant to Section 220.14, or is unfit for human habitation, it shall be posted with a placard by the Compliance Official to prevent further occupancy. No person, other than the Compliance Official or his /her representative, shall remove or tamper with any placard used for posting. The Compliance Official will post on the placard the date that the vacancy shall become effective. On or after the placard vacancy date, no person shall reside in, occupy, or cause to be occupied any dwelling or dwelling unit which has been posted to prevent occupancy. 11. Failure to Obtain License. If it is determined that a rental dwelling unit is being operated without a valid license, an immediate inspection shall be conducted. It shall be unlawful for an owner, designated agent or operator, after notice sent first class mail, to continue operation of a rental dwelling unit without submitting an application for a license under this Chapter, along with the necessary license fee. Once an application has been made, it shall be unlawful for the owner, or his/her duly authorized agent, to .permit any new occupancies of vacant, or thereafter vacated rental units until such time as the license is issued. 12. Issuance of Rental License. If the rental dwelling is in compliance with all applicable ordinances of the City and the laws and regulations of the State of Minnesota, a license shall be issued to the present owner or his/her designated agent. If the City finds that the circumstances of the occupancy following the issuance of the license involve possible Code violations, substandard maintenance, or abnormal wear and tear, the City may reinspect the premises during the licensing period. —23 Fridley City Code Chapter 220 220.14. CONDUCT ON LICENSED PREMISES Section 220.14.4. 1. It shall be the responsibility of the licensee to take appropriate action following conduct by occupant(s) or guests of the occupant(s) which is in violation of any of the following statutes or ordinances: A. Minn. Stat. SS 609.75 through 609.76, which prohibit gambling. B. Minn. Stat. SS 609.321 through 609.324 which prohibit prostitution and acts relating thereto; C. Minn. Stat. SS 152.01 through 152.025, and S 152.027, subds.l and 2, which prohibit the unlawful sale or possession of controlled substances; D. Minn. Stat. S 340A.401, which regulates the unlawful sale of alcoholic beverages; E. Minn. Stat. S 609.33, which prohibits 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; F. Minn. Stat. SS 97B.021, 97B.045, 609.66 through 609.67 and 624.712 through 624.716 and Chapter 103 of the City Code, which prohibit the unlawful possession, transportation, sale or use of weapon; or G. Minn. Stat. S 609.72, which prohibits disorderly conduct. H. Fridley City Code 124.07, prohibiting public nuisance noises, and Chapter 110 of the City Code prohibiting public nuisances. I. Minn. Stat. SS 609.221, 609.222, 609.223, 609.2231, and 609.224 regarding assaults in the first, second, third, fourth, and fifth degree. 2. The Public Safety Director or his/her designee shall be responsible for enforcement and administration of this section. 3. Upon determination by the Public Safety Director that a licensed premises or a dwelling unit was involved in a violation of subsection (1), the Public Safety Director shall notify the licensee by first class mail of the violation and direct the licensee to take steps to prevent further violations. A copy of said notice shall be sent by first class mail to the occupant in violation of subsection (1). 4. Upon a second violation within twelve (12) months of subsection (1) involving a guest of or an occupant of a dwelling unit, the notice provided under subsection 3 of this section shall require the licensee to submit a written report of the action taken to prevent further violations on the premises. This written report shall be submitted to the Public Safety Director within five (5) days of request of said report and shall detail all actions taken by the licensee in response to all -2-4 Fridley City Code Chapter 220 Section 220.15.2.C. notices regarding violations to subsection (1) within the preceding twelve (12) months. If the licensee fails to comply with the requirements of this subsection, the rental dwelling license for the individual rental unit, 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 Council at the request of the Public Safety Director in the manner described in Section 220.13.09. 5. If a third or subsequent violation of subsection (1) involving a guest of or an occupant of a dwelling unit occurs within twelve (12) months after any two (2) previous instances for which notices (pursuant to this section) were sent to the licensee regarding the same dwelling unit, the rental dwelling license for the individual rental unit, 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 Council at the request of the Public Safety Director in the manner described in Section 220.13.09. 6. No adverse license action shall be imposed if the violation to subsection (1) occurred during the pendency of eviction proceedings (unlawful detainer) or within thirty (30) days of notice given by the licensee to an occupant to vacate the premises, where the violation was related to conduct by that occupant, other occupants, or the occupant's guests. Eviction proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an 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 appear that the licensee has taken appropriate measurers which will prevent further violations to subsection (1). 7. A determination that the licensed premises or dwelling unit has been used in violation of subsection (1) shall be made upon substantial evidence to support such a determination. It shall not be necessary that criminal charges be brought to support a determination of violation to subsection (1), nor shall the fact of dismissal or acquittal of criminal charges operate as a bar to adverse license action under this section. 220.15. COMPLIANCE 1. The City Manager shall designate the Compliance Official to administer and to enforce the provisions of this Chapter. The Compliance Official is hereby authorized to cause inspections on a scheduled basis and/or when reason exists to believe that a violation of this Chapter has been or is being committed. 2. Whenever the city.determines that any dwelling or dwelling unit fails to meet the provisions of Section 220.07 through 220.12 of this Chapter, the city may issue a compliance order setting forth the violations of this Chapter and ordering the owner, agent, operator, or occupant to correct such violation. This compliance order shall: A. Be in writing. B. Describe the location and nature of the violation in this Chapter. C. Specify a reasonable time in which violations must be corrected. —2.5- Fridley City Code Chapter 220 Section 220.18.1. D. Be served on licensee. Service shall be sufficient if personally served, posted in a conspicuous place on or about the premises, or if mailed by first class mail to the licensee's last known address on file pursuant to Section 220.13.04. 3. The Compliance Official may investigate complaints relating to the rental dwelling or dwelling unit. The Compliance Official shall contact the owner or agent to verify that the owner or agent is aware of the complaint. If deemed necessary by the Compliance Official, an inspection of the unit may be conducted to determine if there are violations to this Chapter and other applicable ordinances of the city and the laws and regulations of the State of Minnesota. If the inspection reveals that an ordinance or code violation exists, the Compliance Official shall notify the owner or agent pursuant to subsection (2). Unless the correction or repair is an emergency case as regulated in Section 220.17, the owner or agent shall comply with the timeframes established in the Compliance Order; it is not expected that repairs or corrections are completed within twenty -four (24) hours. 220.16. EMERGENCY CASES When a violation of Section 220. 11 of this Chapter constitutes an imminent peril to life, health, safety, or property, the City may require immediate compliance and, if necessary, take appropriate action to correct the violation. 220.17. COLLECTION OF RECYCLABLES Every owner of a multiple dwelling of 13 or more units or other units not serviced under the City contract for recycling services shall arrange and contract for at least monthly collection of recyclables to include at least newsprint, glass (food and beverage), aluminum, steel, and tin cans, and corrugated cardboard. A copy of the owner's contract for recycling services shall be submitted to the City in conjunction with the annual renewal of the rental license. 220.18. UNFIT FOR HUMAN HABITATION 1. Declaration. Any structure dwelling or dwelling unit which is damaged, decayed, dilapidated, unsanitary, unsafe, infested, or which lacks provision for illumination, ventilation, or sanitary facilities to the extent that the defects create a hazard to the health, safety, or general welfare of the occupants or to the public may be declared unfit for human habitation. Whenever any structure dwelling or dwelling unit has been declared unfit for human habitation, the City shall order same vacated within a reasonable time and shall post a placard on same indicating that it is unfit for human habitat -ion, and any operating license previously issued for such structure dwelling or dwelling unit shall be revoked. WIM Fridley City Code Chapter 220 2. Vacated Dwelling. Section 220.21. It shall be unlawful for a vacant structure dwelling or dwelling unit, which has been declared unfit for human habitation, as provided above, to be used for human habitation until the defective conditions have been corrected and written approval has been issued by the City. It shall be unlawful for any person to deface or remove the declaration placard from any such structure dwelling or dwelling unit. 3. Secure Unfit and Vacated Dwellings. The owner of any structure dwelling or dwelling unit, which has been declared unfit for human habitation, or which is otherwise vacant for a period of 60 days or more, shall make same safe and secure so that it is not hazardous to the health, safety, or general welfare of the public and does not constitute a public nuisance. Any vacant dwelling or dwelling unit open at doors or windows, if unguarded, shall be deemed to be a hazard to the health, safety, and general welfare of the public and a public nuisance within the meaning of this Chapter. 4. Hazardous Building Declaration. In the event that a dwelling or dwelling unit has been declared unfit for human habitation and the owner has not remedied the defects within a prescribed reasonable time, then it may be declared a hazardous building and treated consistent with the provisions of Minnesota Statutes, Section 463.15- 463.261. 220.19. EXECUTION OF COMPLIANCE CODES Upon failure to comply with a compliance within the time set and no appeal having been taken, 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 placed against the subject property and may be levied and collected as a special assessment in the manner provided by Minnesota Statutes, Chapter 429. 220.20. APPEAL 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 Chapter, such person may appeal the compliance order as provided under Chapter 6 of the City Code. The filing of an appeal shall stay all proceedings, unless such a stay would cause imminent peril to life, health, safety, or property. 220.21. TRANSFER OF OWNERSHIP Anyone securing an interest in the dwelling or dwelling until which has received a violation tag or compliance order shall be bound by the same without further service of notice and shall be liable to all penalties and procedures under this Chapter. —7-7 Fridley City Code Chapter 220 Section 220.24. 220.22. NO WARRANTY BY CITY By enacting and undertaking to enforce this ordinance, neither the city nor its council, agents, or employees warrant or guarantee the safety, fitness, or suitability of any dwelling in the City, and any representation to the contrary by any person is a misdemeanor. Owners or occupants should take whatever steps they deem appropriate to protect their interests, health, safety, and welfare. A warning in substantially the foregoing language shall be printed on the face of the license. 220.23. SEVERABILITY Every section, provision, or part of this Chapter is declared separable from every other section, provision, or part to the extent that if any section, provision, or part of this Chapter shall be held invalid, such holding shall not invalidate any other section, provision, or part thereof. 220.24. PENALTIES Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 of this Code. It is a misdemeanor for any person to prevent, delay, or provide false information to the Compliance Official, or his /her representative, while they are engaged in the performance of duties set forth in this Chapter. 0 i MAR-11.2002 4 :22PM PLYMOUTH PUB WORKS Plymouth City Code 405.00 Section 405 - Housing Maintenance NO.523 P.2/14 405.00. Pumose. The purpose of this ordinance is to protect the public health, safety and the general welfare of the people of the City. These general objectives include, among other, the following: Subd. 1. To protect the character and stability of, residential areas within the City; Subd. 2. To correct and prevent housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health of the occupants or of neighbors; Subd. 3. To provide minimum standards for heating, lighting, ventilation and sanitary equipment necessary to protect the health and safety of occupants of Buildings; Subd. 4. To prevent the overcrowding of dwellings; Subd. S. To preserve the value of land and Buildings throughout the City. Except as otherwise specifically provided by the terms of this ordinance, it is not the intent of the City Council to intrude upon the accepted contractual relationship between tenant and landlord. The City Council does not intend to intervene as an advocate of either party, to act as an arbiter, nor to receive complaints from tenant or landlord which are not specifically and clearly relevant to the provisions of this ordinance. In the absence of such ordinance relevancy, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of the City government. In enacting this ordinance, it is not the intention of the City Council to interfere or permit interference with personal privacy rights. 405.05. _AmlicabiIity of Ordinance This ordinance establishes minimum standards for maintainin 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. 405.10. Definitions The following definitions shall apply in the interpretation and enforcement of this ordinance. Subd. 1. Accessory Use or Structures A non - residential use or structure subordinate to, and serving the principal use or structure on the same lot and customarily incidental thereto. Subd. 2. B�1 g . 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. • Subd. 3. Compliance Official The City Manager and his designated agents authorized to administer and enforce this ordinance. t MRR..11.2002 4 :23PM PLYMOUTH PUB WORKS NO.523 P.3/14 Plymouth City Code 405.10, Subd. 3(a) Subd. 3.(a) Condominium DweMnng Unit A unit in a Dwelling in which there are two or more units where each unit is separately owned and each unit owner holds a proportional interest in certain common areas. For purposes of Section 405, Wherever the term "dwelling unit" is used, it shall also include a Condominium Dwelling Unit. (Ord 95 .13, 021111,93) Subd. 4. 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. Subd 5. Dwelli family. ng family Unit A single dwelling or unit designed to accommodate one Subd, 6. Family An individual, or two or more persons each related by blood, p adoption, or foster children, living together as a single housekeeping unit; or a group of not more than five (5) persons not so related, maintaining a common household and using common cooking and kitchen facilities. Subd. 7. Flush Water Closet. A toilet with a bowl and trap made in one piece, which is connected to the city water and sewer system, or other approved water supply and sewer system. Subd. 8. G_ arbag_. As defined and regulated in Chapter VI of the City Code. Subd. 9. Habitable D n . Any Building or part thereof that meets minimum standards for use as a home or place of abode by one or more persons, Subd. 10. Habitable Room. Aroom or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, waxer closet Compartments, laundries, furnace rooms, unfinished basements, (those without required ventilation, required electrical outlets and required exit facilities), pantries, utility rooms of less than 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. Subd. 11. Heate____ d Water Water heated to a temperature of not less than 110 degrees Fahrenheit, or such lesser temperature required by government authority, measured at faucet outlet, Subd. 12. Kitchen A space intended for food preparation which contains a sink with counter working space, space for installing cooking and refrigeration equipment, and space for the storage of cooking utensils. Subd. 13. Maintain or Upkeep ofproperty in a sanitary condition and upkeep of equipment in a safe working condition for which it was installed and/or constructed. Subd. 14. Multi le Famil Dwellin . A dwelling or portion thereof containing two or more dwelling units. 0 —2— �M,. - -- MAR-11.2002 4:23PM PLYMOUTH PU3 WORKS NO.523 P.4/14 Plymouth City Code 405.10, Subd. 15 Subd. 15, Occuvant Any person (including owner or operator) living, sleeping, cooling ' and/or eating in a dwelling unit or living and sleeping in a rooming unit. � Subd 16. Qperate. As used in this ordinance, the term "operate" means to charge a rental charge or other form of compensation for the use of a unit in a rental dwelling. Subd. 17. OnM- I r , The owner or his/her agent who has charge, care, control, or management of a Building, or part thereof, in which dwelling units or roo units are let. Subd, 18. Owner Any person, fun, partnership, corporation or other legal entity which alone, jointly, or severally with others, shall be in actual possession of or have charge, care 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 of 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 owaeL Subd. 19. Permissible Occamcv. The maximum number of persons legally permitted'to reside in a dwelling unit or rooming unit. Subd. 20. Person An individual, firm, partnership, association, corporation, company, joint venture, organization or other legal entity of any kind. is Subd. 21. Plumbing All of the following supplied facilities and equipment in a Building; gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower b;Ltbs, 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. Subd. 22. Premises A platted lot or part thereof or unplatted parcel of land, and adjacent right -of -way either occupied or unoccupied by any Building, including accessory structures. Subd. 23. 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. Subd. 24. Rental Dwell* *+¢ As used in this ordinance, is a dwelling for hire, but does not include hotels, motels, hospitals and homes for the aged. Subd. 25. Rfair Is the reconstruction or renewal of any part of an existing Building or its utilities, facilities or equipment for the purpose of its maintenance. Subd. 26. Rodent Harborage A place Where rodents commonly live, nest, or establish their habitat. Subd. 27. Root. Any room or group of rooms forming single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes. Subd. 28. Rubbish As defined and regulated by Chapter VI of the City Code. °3 — MAR-11.2002 4:23PM PLYMOUTH PUB WORKS NO. 523 P. 5/14 Plymouth City Code 405.10, Subd. 29 Subd. 29. Safety The condition of being reasonably free from danger and hazards which may cause accidents or disease. Subd. 30. Substandard Dwellino Any dwelling which does not conform to the nynimum standards established by City Ordinances. Subd, 31. Supplied Paid for, fi=ished by, provided by or under the control of the owner, Operator, or agent of a dwelling. Subd. 32. Meaning of Certain Wo whenever the words "dwelling," "dwelling unit," "premises," or "structure" are used in this ordinance, they shall be construed as though they were Mowed by the words "or any part thereof." 405.15.. General Responsibilities of Owners and Oco ants 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 of Plymouth, and the provisions of the following subdivisions: Subd 1. Maintenance of Shared or Public Areas Every owner of a dwelling con taining two or more swelling units shall maintain or shall provide for maintenance of the units' shared or public areas of the dwelling and premises thereof. �. Subd. 2. Maintenance of Occupied Areas Every occupant of a dwelling, dwelling wait or rooming unit shall maintain that part of the dwelling, dwelling unit and premises thereof that he /she occupies and controls. Subd. 3. Responsibility of Occupant for Storaee and Disposal of Garbaae and Rubbish Every occupant of a dwelling, dwelling unit or rooming unit shall store and dispose of all rubbish and garbage and any other organic waste which might provide food for insects and/or rodents in a manner as prescribed by Chapter VI of the City Code. Subd. 4. Responsibift of Owner for St a and Disposal of Garba a and Rubb Every owner of a multiple family dwelling shall supply on-site facilities for the storage and/or disposal of rubbish and garbage. Ih the case of single or two - family dwellings, it shall be the responsibility of the occupant to furnish such facilities as prescribed by Chapter VI of the City Code. Subd. 5. Responsibility for Storm and Screen Doors and windows The owner of a rental dwelling unit or rooming unit shall be responsible for providing, maintaining and hanging an screens and storm doors and storm windows whenever the Same are required under the provisions of this ordinance. Subd. 6. Responsibility for Pest Ea Every occupant of a dwelling co ntaining 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 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 MRR.11.2002 4:24PM Plymouth City Code PLYMOUTH PUB WORKS NO. 523 405.15 Subd. 6 P. 6/14 owner to maintain a dwelling in a reasonable rodent-proof condition, extermination shall be the f responsibility of the owner. Whenever infestation exists in two or more dwelling units in any dwelling or in the steed or public parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner. Subd. 7. Rodent Harborage$ Prohibited in Occupied Areas No occupant of a dwelling, dwelling unit or rooming unit shall accumulate boxes, firewood, lumber, scrap metal or any other single materials in such a manner that may provide a rodent harborage in or about any dwelling, dwelling unit or rooming unit. Outside stored materials shall be stacked neatly in piles at least 4 inches off bare soil or ground. Subd. 8. Rodent Harborage Prohibited in Public Areas No owner of a dwelling containing two or more dwelling units shall accumulate or permit the accumulation of boxes, firewood, lumber, scrap metal or other similar materials in such a manner that may provide a rodent harborage in or about shared or public areas of a dwelling or its premises. Materials stored outside by the owner or permitted to be stored by the owner shall be stacked neatly in piles at least 4 inches off bare soil or ground. Subd. 9. Prevention of Food for Rodents No owner or occupant of a dwelling, dwelling limit or rooming unit shall store, place or allow to accumulate any materials that may serve as food for rodents in a'site accessible to rodents. Subd. 10. Maintenance of Plumbing Fixtures and Facilities The owner and/or occupant of a+ dwelling unit shall maintain all supplied plumbing fixtures and facilities therein. Subd. 11. 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 temperature of at least 68 degrees Fahrenheit or such lesser temperature required by government authority shall be maintained at a distance of three feet above the floor and three feet from exterior walls in all habitable rooms, bathrooms and water closet compartments from September 15 to May 1. Subd. 12. 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 inches or more or successive snowfalls accumulating to a depth of three inches shall be removed from walkways and steps within 48 hours after cessation of the snowfall. Subd. 13. Minimum Exterior Lighting The owner of a rental dwelling or dwellings shall be responsible for providing and maintaining effective illumination in all exterior parking areas and walkways. Subd. 14. Maintenance of Driving and Parkinng 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. —5-- MHK.11.2002 4 :24PM PLYMOUTH PUB WORKS Plymouth City Code 405.20 NO.523 P.7/14 405.20. Equipment and Facility Standards for Rental Dwellings or D Units No person shall rent or let to another for occupancy, any dwelling or dwelling units for the purposes of living, sleeping, cooking and eating therein which does not comply with the following requirements: Subd. 1. Kitchen Sink Provide a kitchen sink in good working condition, which is properly connected to an approved water supply system, 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 in compliance with Chapter VIE[ of the City Code, Subd. 2. Cabinet0helving Provide cabinets and/or shelves for the storage of eating, drinking and cooking equipment and utensils and for food that does not require refrigeration; 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 equipment or utensils. Subd. I Stove/Refri erator Provide a stove or similar device for cooking food and a refrigerator or similar device for the safe storage of food which requires ref gerration, which are properly installed with all necessary connections for safe, sanitary and efficient operation. Such stove, refrigerator or similar devices need not be installed when a dwelling unit is not occupied and when the occupant is expected to provide same on occupancy, in which case sufficient space and adequate connections for the installation and operation of said stove, refrigerator or similar device t � must be provided. Subd. 4. 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 PIumbing 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 an times provides an adequate amount of running water under pressure to cause the water closet to be operated properly, and shall be connected to a sewer system in compliance with Chapter VII of the City Code: Subd. 5. Lavatory Sink Within every dwelling unit theme 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 sball 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 nmaing water under pressure and shall be connected to a sewer system in compliance with Chapter VII of the City Code. Subd. 6. 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 shall be properly connected to an approved water supply system and shall provide at all times an adequate amount of heated and unheated water � "0 -_IK MAR.11.2002 4 :25PM PLYMOUTH PUB WORKS No.523 P.Bi14 Plymouth City Code 40520, Subd. 6 under pressure and shall be connected to a sewer system in compliance with Chapter VII ofthe City Code. Subd. 7. Permissible Occupancy 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 times the number of habitable rooms, less kitchen, in the dwelling unit. (c) Not more than one family, except for temporary guests, shall occupy a dwelling unit. An Owner or Operator may adopt standards that reduce the maximum allowed occupancy of a dwelling unit from the standards set forth herein. 40525. Equipment and Facility Standards for Rental Dwe s Dwelling Units or Rooming Units Subd. 1. Door Locks No person shall rent or let to another for occupancy any dwelling, dwelling unit or rooming unit unless all exterior doors of the dwelling, dwelling unit, or rooming unit are equipped with safe, functioning looking devices. Multiple family dwellings shall have a security • system which maintains locked building entrances 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 building entrance doors. Building entrance door latches shall be of a type that are permanently locked. Every door that provides ingress or egress for a dwelling unit within a multiple family dwelling shall be equipped with a 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. All multiple family dwellings in existence at the time this chapter is adopted; which were not previously required to have such a security system, shall not be subject to the requirements of this Section. Subd. 2. Access to Dwelling-Unit or Roomi g Unit Access to or egress from each dwelling unit shall be provided without passing through any other dwelling unit. Access to each rooming unit shall be provided without passing through any other rooming unit Subd. 3. Safety from Fire An owner, operator or agent of a rental dwelling shall be responsible to comply with the applicable provisions of the Fire Prevention Code of the city in keeping open all fire lanes established by the City. 40530. Equipment and Facility Standards for Dwellings and Rooming Units. Rented or Owner - Occupied No person shall occupy as owner, occupant or let to another person for occupancy any dwelling, dwelling unit or rooming unit, for the purposes of living therein, which does not comply with the following requirements. -7— MRR.11.2002 4:25PM PLYMOUTH PUB WORKS N0.523 P.9/14 . Plymouth City Code 40530, Subd. 1 Subd. I. 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. Every flight of stairs and every porch and balcony floor shall be free of deterioration. Every stairwell and every flight of stairs which is more than three risers high shall have handrails installed 30 to 34 inches high, measured vertically from the nose of the stair tread to the top of the handrail. Every porch, balcony or deck which is more than 30 inches high shall have a guardrail at least 36 inches above the floor of the porch or balcony. 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 a hazard. No flight of stairs shall have rotting, loose or deteriorating supports. Except 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 ofhorizontal projection. Subd. 2. Habitable Room Ventilation Except where there is supplied some other device affording ventilation and approved by the Compliance Official, every habitable rooms shall have at least one window facing directly outdoors which can be opened easily. The minimum total of operable window area in every habitable room shall be the greater of 4% of the floor area of the room or four square feet, Subd. 3. Nonbabitable Room Ventilation Every bathroom and water closet compartment, and every laundry and utility room shall contain at least 50% of the ventilation requirements for habitable rooms contained in Subdivision 1 above, except that no windows shall be required if such rooms are equipped with a ventilation system which is approved by the Compliance Office, Subd. 4. Electric Service, Outlets and Fixtures Every dwelling unit and rooming unit and all public and common areas shall be supplied with electric service, functioning overcunrent 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 electrical power in a manner prescribed by the ordinances, rules and regulations of the City and by the laws of the Stage of Minnesota, The minimum capacity of such electric service and the minimum number of electric outlets and fixtures shall be as follows: (a) A dwelling containing one or more dwelling units shall have at least the equivalent of 60 ampere, three -wire electric service per dwelling unit. (b) Each dwelling unit shall have at least one branch electric circuit for each 600 square feet of dwelling unit floor area. (c) Every habitable room shall have at least one floor or wall type electric convenience outlet for each 60 square feet or fraction thereof of total floor area, and in no case less than two such electric outlets, provided, however, that one ceiling or wail -type light fixture maybe supplied in lieu of one required electric outlet. FA .^m .1 1P 11 .1.11 MRR.11.Z002 4:25FM Plymouth City Code F'LYMUU I H t-Ulj WUKKS r+v. xz 405.30, Subd. 4(d) r..Lw/ i� • (d) Every water closet compartment, bathroom, kitchen, laundry room and furnace room shall contain at least one supplied ceiling or wall type electric light fixture and every bathroom, kitchen and laundry room shall contain at least one electric convenience outlet. (e) Every public hall and stairway in every rental dwelling shall be adequately lighted by natural or electric light at all times, so as, to provide effective illumination. Every public hall and stair in structures containing not more than two dwelling units may be supplied with conveniently located light switches controlling an adequate lighting system which may be turned on when needed, instead of full -time light. (f) A convenient switch or equivalent device for turning on a light in each dwelling unit or roo unit shall be located near the point of entrance to such unit. Subd. S. Minimum Thermal- Standards No person shall occupy as owner, occupant or let to another for occupancy any dwelling, dwelling unit, or rooming unit for the purpose of living therein, which does not have heating facilities which are properly installed and maintaine in safe and working condition and which are capable of safely heating all habitable rooms, bathrooms and water closet compartments in every dwelling unit located thereinto a temperature of at least 68 degrees Fahrenheit at a distance of three feet above floor level and three feet from exterior walls at nominal weather condition. ("Jas 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 or the use of portable electric heaters does not meet the requirements 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. Subd. 6. Foundations, Exterior Walls and Roofs The foundation, exterior walls and exterior roof shall be substantially water fight 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 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 25% or more of the total exterior surface is unpainted or lacks a protective coating or is determined by the Compliance Official to be deteriorated, the surface shall have a protective covering applied. If approximately 25% or more of the total exterior surface of the pointing of any brick, block or stone wail is loose or has fallen out; the surface shall be repaired Subd. 7. 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. —7-- MAR.11.2002 4:26PM PLYMOUTH PUB WORKS NU.Si�J r.11/14 Plymouth City Code 405.30, Subd. 8 Subd. 8. Floors. Interior Walls and Ceilings Every floor, interior wall and ceilings 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 rotted flooring materials. Every interior wall and ceiling shall be maintained m a tight weatherproof condition. Toxic paint and materials with a lasting toxic effect shall not be used. Every toilet room and bathroom floor surface shall be capable of being easily maintained. Subd. 9. 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 roof which have a 112" diameter or larger opening shall be rodent-proofed in an approved manner. Interior floors or b asemen ts, ea ts, cellars and other areas in contact with the soil shall be paved with concrete or other rodent impervious material. Subd. 10. 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. Subd. 11. Accessory Structure Maintenance Accessory structures shall be structurally sound and be maintained in good repair. The exterior of such structures shall be made weather resigtant through the use of decay - resistant materials such as paint or other preservatives. Subd. 12. Safe Building Elements Every fopndation roof, floor, exterior and interior wall, ceilings, inside and outside stair, every parch and balcony, and every appurtenance thereto, shall be safe to use and capable of supporting nominal structural loads. Subd. 13. Facilities to Function AU equipment or utilities required under City Ordinances and every chimney and flue shall function effectively in a safe and yvorlang condition. Subd. 14. 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. Subd. 15. Yard Cover Every yard of a premises on which a dwelling stands shall be maintained to prevent dust andprosion. Subd. 16. Landscape Condition Each dwelling shall be maintained by its owner, occupant, operator or agent so that the yards, open spaces and parking facilities are kept in a safe and attractive condition. Where a conditional use permit has been granted, the landscaping shown on the approved landscaping plan shall be considered as minimal and shall be maintained accordingly. Any deviation to species or material shall be equal to or better than originally approved. 405.35. Enforcement an d bi VectionAutho ri , The Compliance Official shall administer and enforce the provisions of this ordinance. Inspections shall be conducted during reasonable hours and the Compliance Official shall present evidence of his/her off dal capacity to the owner or occupant in charge of a dwelling unit at the time of inspection. The Compliance Official shall —/0— MRR.11.2002 4 :26PM PLYMOUTH PUB WORKS M0.523 P.12/14 Plymouth City Code 405.35 . 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. 405.40. 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/her control, or any part thereof; with respect to which an inspection authorized by this ordinance is sought to be made, the Compliance Official may, upon a showing that probable cause exists for the inspection and fbr 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. 405.45. Unfit for Human Habitati on . Subd. 1. Any dwelling, dwelling unit or roo unit or portion #hereof which is damaged, decayed, dilapidated, unsanitary, unsafe, vermin or rodent infested or which lacks provisions 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 dwelIing, dwelling unit or rooming unit has been declared unfit for human habitation, the Compliance Official shall order same vacated within a reasonable time and shall post a placard on same indicating that it is unfit for human habitation, and any operating license previously'issued for such dwelling shall be revoked pursuant to law. • Subd. 2. It shalt 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 Compliance Official. It shall be unlawful for any person to deface or remove the declaration placard from any such dwelling, dwelling unit or rooming unit. 405.50. Secure Unfit and Vacated Dwelling The owner of any dwelling, dwelling unit, or roosting unit which has been declared unfit for human habitation or which is otherwise vacant for a period of thirty (30) 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 a public nuisance within the meaning of this ordinance. 405.55. Hazardous Buildise 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. 405.60. Correction Order Whenever the Compliance Official determines that any dwelling, dwelling unit or rooming unit or portion thereof is in violation of this or any other ordinance, helshe may issue a Connection Order setting forth the violations of the ordinance and ordering the owner, occupant, operator or agent to correct such violations. This Correction Order shall: • Subd. 1. Be in writing. kfM n. 'MMn .r. 1n MRR.11.2002 4:27PM PLYMOUTH PUB WORKS NO.523 P.13/14 Plymouth City Code 405.60, Subd. 2 Subd. 2_ Describe the location and nature of the violations of this ordinance. Subd. 3. Establish a reasonable time for the correction of such violation and notify the owner of his/her appeal recourse. Subd. 4. Be served upon the owner or his/her agent or the occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon any such occupant, if a copy thereof is: (a) Served upon him/herpersonally; or (b) Sent by registered mail to his/her last known address; or (c) Upon failure to effect notice through (1) or (2) as set out in this section, service may be made pursuant to Minnesota Statutes 463.17, Subd, 2, which reads as follows: "Service. This order shall be served upon the owner of record, or the owner's agent if an agent is in charge of the Building or property, and upon the occupying tenant, if there is one, and upon all 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 the owner by posting it at the main entrance to the Building or, if there is no Building, in a conspicuous place on the property, and by four weeks' publication in the official newspaper of the municipality if it has one, otherwise in a legal newspaper in the county." 405.65. Right ofAppeal When it is alleged by any person to whom a Correction Order is directed that such Correction Order is based upon erroneous interpretation of this ordinance, or upon a misstatement or mistake of fact, such person may appeal the Correction Order to a Board of Zoning Adjustments and Appeals as established by Section 305.07 of the City Code, The Board as an advisory body shall forward their recommendation to the City Council. Such appeals must be in writing, must specify the grounds for the appeal, must be accompanied by a Sling fee as designated by the City Council in cash or cashier's check, and must be filed with the Compliance Official within five (5) business days after service of the Correction Order. The filing of an appeal shall , stay all proceedings in furtherance of the action appealed from unless such a stay would cause imminen peril to life, health or property. 405.70. Board of Appeal's Decision Upon at least five (5) business days' mailed notice to the appellant and to all owners of property located within one hundred (100) feet of the boundaries of the property which is the subject ofthe appeal of the time and place fnr hearing the appeal and within 30 days after said appeal is filed, the Board ofAppeals shall hold a hearing thereon. The Board of Appeals may recommend to the City Council that the order be reversed, modified or affirmed in whole or-in part (Ord. 95 -5, 01/17/9S) 405.75. Restrictions on Transfer of Ownership. It shall be unlawful for the owner of any dwelling, dwelling unit or rooming unit upon whom a pending Correction Order has been served to sell, transfer, mortgage or lease or otherwise dispose thereof to another person until the provisions of the Correction Order have been complied with, unless such owner shall furnish to -17- Mnn 44 nmm1 MRR.11.2002 4 :27PM PLYMOUTH PUB WORKS NO. 523 P.14/14 Plymouth City Code 405.75 0 grantee, lessee or mortgagee a true copy of any notice of violation or Correction 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 existerc a of the Correction Order shall be bound by same without further service of notice upon him and shall be liable to all penalties and procedures provided by this ordinance. 405.80. Penalties Any person who fails to comply with a Correction Order after a right of apps has expired and any person who fails to comply with a modified Correction Order within the time set therein, upon conviction therefor, shall be guilty of a misdemeanor. Each day of such failure to comply shall constitute a separate punishable offense. 0 405.85. Execution of Correction Orders by Public Authority Upon failure to comply with a Correction Order within the time set therein, and no appeal having been taken, or upon failure to comply with a modified Correction Order within the time set therein, the criminal penalty established hereunder notwithstanding, the City Council after due notice to the owner may be resolution cause the cited, deficiency to be remedied as set forth in the Correction 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 of the reasons set forth in Section 429.101, Subd. 1, and specifically for the removal or elimination of public health or safety hazards from private property, but the assessment shall be payable in a single instailment. It is the intent of this section to authorize the City to utilize all of the provisions of Section 429.101 to promote the Public's health, safety and general welfare. 405.90. 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 oftbis ordinance. F • CHAPTER 12 -300 BUILDING MAINTENANCE AND OCCUPANCY CODE 12 -301 Pu�=ose. The City Council recognizes that improperly maintained structures and premises and the unreasonable overcrowding of dwellings has an adverse affect on the public health, safety, morals, and general welfare of the citizens of this community and, further, that such conditions contribute to the unnecessary, excessive, and disproportionate expenditures of public funds for public health, public safety, crime prevention, fire protection, and other public services. In order to address those and other, similar concerns, the City Council finds that the following objectives are important in achieving the goal of maintaining a safe and healthy community: (1) To protect the character and stability of all buildings and property within the City. (2) To correct and prevent conditions that adversely affect or are likely to adversely affect the life, safety, general welfare, and health, including the physical, mental, and social well being of persons occupying buildings within the City. (3) To provide minimum standards for heating, sanitation, ventilation, light, and maintenance necessary to the health and safety of occupants of buildings. (4) To prevent, to the extent reasonably possible, the overcrowding of dwellings by providing minimum space standards per occupant for each dwelling unit. (5) To provide minimum standards for the maintenance of existing buildings and thus prevent slums and blight. (6) To preserve the value of land and buildings throughout the City. The City Council further finds that the enactment of this Chapter is essential to the public interest and it is intended that this Chapter be liberally construed to effectuate its purposes as stated herein. The City Council, however, declares that, except as otherwise specifically provided by the terms contained in this Chapter, it is not the intention of the City to interfere with or intrude upon the rights of landlord and tenant to enter into fair and accepted contractual relationships. In the case of a dispute, the City will not intervene as an advocate of either party, nor act as arbiter, nor be receptive to complaints from landlord or tenant which are not specifically and clearly relevant to thek provisions of this Chapter. In the absence of such relevancy, the City intends that rental disputes be resolved through established legal proceedings without City intervention. The City Council further declares that it is not the intention of the City to interfere with or permit the interference with legal rights to personal privacy. 12 -302 Scope The provisions of this Chapter shall to all residential and nonresidential structures and premises in the City, occupied or unoccupied, and shall constitute the minimum standards for safe and sanitary occupancy and maintenance. 12 -300 -1 a = 12 -303 Applicability. The provisions of this Chapter shall apply to all matters affecting or relating to the maintenance and occupancy of structures and premises in the City except that where the provisions of this Chapter may conflict with other provisions of this Code, the most restrictive provisions shall govern. . These provisions shall apply to all existing structures and premises unless otherwise specifically provided herein. 12 -304 Definitions. For the purposes of this Chapter only, the following definitions shall apply: (1) Approved. Bound by the authority having jurisdiction as meeting all applicable laws and codes. (2) Accessory Structure. A structure subordinate to the main or principal building which is not used or authorized to be used for living or sleeping by human occupants and which is located on or partially on the premises. (3) . Bedroom. Any room or space intended to be used for sleeping purposes. (4) Building..- Any structure having a roof built for the shelter or enclosure of persons, animals, or chattels. When a private garage is structurally attached to a dwelling, it shall be considered as part of the building in which the dwelling unit is located. (5) Common Interest Facility. A residential or nonresidential development including one or more buildings in which individual units are intended to be separately owned and interior and exterior common areas are owned and controlled by an association comprised of the owners. (6) Compliance Official. The City Manager or the Manager's designated agents authorized to administer and enforce this Chapter. (7) Dwelling. A building, or portion thereof, designed or used for residential occupancy of a continued nature, including single - family dwellings, two - family dwellings, and multiple family dwellings, but not including, hotels, motels, boarding or rooming houses, nursing homes, bed and breakfasts, recreational vehicles, or tents. (8) Dwelling Unit. A single residential accommodation that is arranged, designed, used, or, if vacant, intended for use exclusively as . a domicile for one family. (9) Family. (a) An individual, or a group of persons related by blood, marriage, or adoption, including foster children, living together as single housekeeping unit. (b) Residents of a State licensed community residential facility as defined and authorized by State law. (c) A group of not more than six persons who need not be related by blood, marriage, or adoption, living together as a single housekeeping unit. (10) Flush Water Closet. An approved toilet, with a bowl . and trap made in one piece, which is connected to the City water and sewer system or other approved water supply and sewer_. system. (11) Garbage. Animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food, and decayed and spoiled food from any source. 12 -300 -2 (12) Habitable Building. Any building or part thereof that meets minimum standards for use as a dwelling or place of abode by one or more persons. (13) Habitable Room. A room or 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 with less.than 50 square feet of floor space, foyers, communicating corridors, stairways, closets, storage space, workshops, hobby and recreation areas, and parts of the structure below ground level or in attics. (14) Heated Water. Water heated to a temperature of not less than 120 degrees Fahrenheit, or such lessor temperature as may be required from time to time by governmental authority, measured at faucet outlet. (15) Infestation. The presence in large numbers, within or contiguous to a structure or premises, of insects, rats, vermin, or other pests. (16) Kitchen. A space which contains a sink with counter working space, adequate space for installing cooking and refrigeration equipment, and adequate space for the storage of cooking utensils. (17) Nonresidential Building. A building or structure other than a dwelling or dwelling unit. (18) Occupant. • A person (including, if applicable, owner or operator) occupying any structure, building, dwelling, dwelling unit, rooming unit, or premises, or any part thereof. (19) Operator. The owner or agent who has charge, care, control, or management of any structure or building, or part thereof. (20) Owner. A person having a legal or equitable interest in a property as evidenced by records on file with Anoka County. (21) Permissible Occupant Load. The maximum number of individuals permitted to occupy a building or space within a building. (22) Person. An individual, firm, partnership, association, corporation, or joint venture or organization of any kind. (23) Pests. Rodents, insects at any stage of development, and other destructive or offensive vermin including, but not limited to, rats, mice, flies, roaches, and fleas. (24) Plumbing. All of the following supplied facilities and equipment in a building: 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. (25) Premises. A platted lot or part thereof or unplatted parcel of land, either occupied or unoccupied by any structure thereon. _ (26) Prohibited Conduct. For the purposes of this Chapter, the term "prohibited conduct" shall include, but not be limited to, any one or more of the following: 12 -300 -3 (a) Acts of prostitution or prostitution related offenses. (b) Acts of gambling or gambling related offenses. (c) Acts of disorderly conduct or assault. (d) Unlawful sale or possession of controlled substances. (e) Unlawful sales of alcoholic beverages. (f) Unlawful use, sale, or possession of a firearm. (g) Violation of any City Code provisions relating to noise, including animal noise. (h) The keeping or harboring of a dangerous or potentially dangerous animal in violation of State or local laws and ordinances. (i) Violation of any laws relating to contributing to the need for protection or services or delinquency of a minor as defined in Minnesota Statutes Section 260.315. (27) Public or Common Areas. Those portions of a building and its premises that are open to the public and /or shared by residents and occupants and which are owned and controlled by a single person or an association of owners. (28) Refuse. All organic and inorganic waste solids including garbage and rubbish. (29) Rental Dwelling or Rental Dwelling Unit. A dwelling or dwelling unit let for rent or lease. (30) Rental Facility. A residential or nonresidential building or development containing one or more units under single ownership where the building and /or unit are intended to be rented or let to tenants even if the owner occupies one or more of the units. "Rental facility" shall also include a mobile home or similar development where the mobile homes are individually owned and the home site and surrounding premises are leased to the mobile home owner, but the remainder of the development is owned and controlled by a single person. (31) Repair. To restore to a sound and acceptable state of operation, serviceability, or appearance. (32) Residential Building. A structure containing a dwelling or dwelling unit. (33) Rooming Unit. Any room or group of rooms forming a single unit used or intended to be used for living and sleeping, but not for cooking and eating purposes. (34) Rubbish. All inorganic solid waste consisting of both combustible and noncombustible waste including, but not limited to, paper, cardboard, tin cans, grass and shrubbery clippings, wood, glass, brick, plaster, bedding, crockery, and similar materials. (35) Safety. The condition of being reasonably free from danger and hazards which may cause injury or disease. (3 6) Single - family Dwelling. A residential structure containing one dwelling unit .where the structure and surrounding premises are held in single ownership. (37) Single Occupancy Facility. A residential or nonresidential building or development containing one or more units where the units and surrounding premises are intended- to, be separately owned and which does not include any commonly owned interior or exterior areas. 12 -300 -4 (38) Structure. That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. (39) Substandard Dwelling. Any dwelling which does not conform to the minimum standards established by State or local laws and ordinances. (40) Supplied. Paid by, furnished by, provided by, or under the control of the owner, operator, or agent of a.building. (41) Two - family Dwelling. A residential structure containing two dwelling units having a single wall in common where the structure and surrounding premises are held in single ownership provided, however, that property containing a two - family dwelling may be subdivided in accordance with Chapter 11 -700, Low Density Residential District (LDR -2) standards, of this Code. . (42) Unit. One or more rooms intended for the use of a single occupant. (43) Meaning of certain words. Whenever the words "dwelling," "dwelling unit," "premises," "building," or "structure" are used in this Chapter they shall be construed as though they were followed by the words "or any part thereof." 12 -305 Occupancy. No person shall occupy or permit another person to occupy, any residential or nonresidential structure, building, or premises, or any part thereof, unless the structure, building, or premises is clean, sanitary, conducive to a safe and healthy environment, and in compliance with all applicable Federal, State, and local laws and ordinances. 12 -306 Minimum Standards: Unless otherwise specifically provided by Federal, State or local laws and ordinances, no person shall occupy or permit another person to occupy, any common interest, rental, or single occupancy facility, or any part thereof, which does not comply with the following requirements: (1) Foundations, Exterior Walls, Roofs. The foundation, exterior walls, and exterior roof shall be substantially water tight and shall be kept in sound condition and repair. The foundation shall adequately support the building at all points. Every exterior wall shall be free of deterioration, holes, breaks, loose or rotting boards or timbers, and any other condition that might admit rain or dampness to the interior portion of the walls or to the exterior spaces of the building. Exterior walls must be free of graffiti and advertising except as allowed by the Chapter 11 -2100, Sign Regulations, of this Code. All exterior wood .surfaces, other than decay resistant materials, shall be protected from the elements and decay by paint or other protective covering or If the exterior surface is unpainted or the paint is blistered or peeling over 25 percent of the surface area, the affected surface shall be painted with a color which matches the unaffected surface or the entire surface shall be painted a consistent color. If.the exterior surface of the pointing of' brick, block, or stone wall is loose or has fallen out, the surface shall be repaired. (2) Grading and Drainage. Except for wetland and approved ponds, every yard, court, walkway, driveway, and other portions of 12 -300 -5 the premises on which a building stands must be graded and drained so as to be free of standing water. The water must not be drained onto adjacent properties except as provided in legally recorded easements or other documents. (3) Windows, Doors, and Screens. Every window, exterior door, and other exterior opening shall be substantially tight and shall be kept in sound condition and 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 exclude rain, wind, and pests from entering the building. Every openable window in a rental facility or unit shall be supplied with screens of not less than 16 mesh per inch during the insect season and every openable window in .a residential rental unit shall also be equipped with an approved lock if located less than six feet above the adjacent grade. (4) Landings at Doors. There shall be a floor or a landing on each side of a door having a width not less than the width of the door or, in the case of 'a sliding door or atrium door, a width not less than six feet, and a length measured in the direction of travel of not less than 36 inches for residential facilities and 44 inches for nonresidential facilities. Landing surfaces more than 30 inches above the grade below require a guardrail complying with the Minnesota State Building Code. (5) Floors, Interior Walls, and Ceilings. Every floor, interior wall, and ceiling shall be kept in sound condition and . good repair. Every floor shall be free of loose, warped, protruding, or rotting floor materials. Every interior wall and ceiling shall be free of holes and cracks and loose plaster and shall he maintained in a tight, waterproof condition. Paints with a lasting toxic effect shall not be used. The floor of every toilet room, bathroom, and kitchen shall have a smooth, hard, nonabsorbent surface and shall be capable of being easily maintained in a clean and sanitary condition. Nothing herein shall prevent the use of carpeting in such rooms provided that the underlying floor complies with the requirements of this subsection. (6) Heating. No person shall occupy or permit another person to occupy, any building or any part thereof that does not have heating facilities which are properly installed, which are maintained in safe and good working condition, and which are capable of safely and adequately heating all habitable rooms, bathrooms, and water closet compartments in every dwelling unit located therein to a temperature of at least 68 degrees Fahrenheit, or such lesser temperature as may be required from time to time by governmental authority, at a distance of three feet above floor level and three feet from exterior walls from October through May. Gas or electric appliances designed primarily for cooking or water heating purposes shall not be considered as heating facilities within the meaning of this subsection. Portable heating equipment employing flame and the use of liquid fuel does not meet the requirements of this subsection and is prohibited. No owner or • occupant shall install, operate, or use a space heater employi-ng a flame that is not vented outside the structure in an approved manner. Nonresidential buildings shall meet all State laws and regulations. 12 -300 -6 0 ell, eg�eiQ67 (7) Electrical Service in Dwellings. 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 are maintained in safe and good working condition in compliance with the edition of the National Electric Code in effect as of the date of construction or improvements thereto, and which are connected to a source of electric power in a manner prescribed by State and local laws, ordinances, rules, and regulations. (8) Light and Ventilation. No person shall occupy or permit another person to occupy, any dwelling or dwelling unit which does not comply with the following requirements: (a) Habitable Room Light and Ventilation. Except where there is supplied some other device affording adequate ventilation and approved by the Compliance Official, every habitable room shall have at least one window facing directly outdoors which can be opened easily. The-minimum total of openable window area in every habitable room shall be the greater of ten percent of the floor area of the room or ten square feet. At least one half of the required window area must be openable. (b) Non- habitable Room Ventilation. Every bathroom and water closet compartment and every laundry and utility room shall contain at least 50 percent of the ventilation required for habitable rooms contained in paragraph (a) above, except that no windows 'shall be required if such rooms are equipped with a ventilation system which is approved by the Compliance official. (c) Public Corridor and Stairway Light. Every public corridor and stairway in every common interest or rental facility shall be adequately lighted by natural or electric light at all times at one foot - candle at floor level, so as to provide effective illumination in all parts thereof. Every public corridor and stairway in structures containing not more than two dwelling units shall be supplied with conveniently located light switches controlling the adequate lighting system which may be turned on when needed, instead of full time lighting. (9) Door Locks. No person shall occupy or permit another person to occupy, any dwelling or dwelling unit unless all exterior /exit doors of the dwelling or dwelling unit are equipped with safe, functioning locking devices. Residential common interest and rental facilities with common entrances shall be furnished with door locks as follows: (a) An approved security system shall be maintained for each building constructed after the date of this ordinance to control access. The security system shall consist of locked building entrance or foyer doors, and locked doors leading from hallways into individual.. dwelling units. Dead - latched door locks shall be provided with lever knobs (or door knobs) on the inside of building entrance doors and- with -.key cylinders on the outside of building entrance doors. Building entrance door latches shall be of a type that are permanently locked from the outside and permanently unlocked from the inside. Any building with a security system on the date of 12 -300 -7 this ordinance shall maintain that system in good working order. Any upgrade of an existing security system shall be in conformance with this provision to the extent reasonably possible as determined by the City. (b) Every door that is designed to provide ingress or egress for a dwelling unit within a common interest or rental facility shall be equipped with an approved lock that has a dead locking 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. (10) Kitchen. Every dwelling unit shall have a room, or portion of a room, in which food may be prepared or cooked, which shall have an adequate circulation area, and which shall be equipped with the following: (a) A kitchen sink in good working condition and properly connected to an approved water supply system, 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. (b) Cabinets or shelves for the storage of eating, drinking, and cooking equipment and utensils and for food that does not require refrigeration for safe keeping, and a counter or table for food preparation. Such cabinets or shelves and counter or table shall be adequate for the permissible occupancy of the dwelling unit and shall be of sound construction furnished with surfaces that are easily cleanable and that will not impart any toxic or deleterious affect to food. (c) A stove or similar device for cooking food and a refrigerator for the safe storage of food at or below 40 degrees Fahrenheit, which are properly installed with all necessary connections for safe, sanitary, and efficient operation. Provided that such stove, refrigerator, or similar devices need not be installed when a dwelling unit is not occupied or when the occupant is expected, per written agreement, to provide such appliances on occupancy, in which case sufficient space and adequate connections for the installation and operation of a stove, refrigerator, or similar devices must be provided. All appliances supplied by the owner must be maintained in proper operating condition at all times by the owner. (11) Toilet Facilities. Within every dwelling unit there shall be a non - habitable room which is equipped with a flush water closet in good working condition. In a rental dwelling unit, such room shall have an entrance door which affords privacy, unless the facilities are accessed only through a bedroom which does have such an entrance door. Such flush water closet shall be equipped with easily cleanable surfaces, shall be properly 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 shall be connected to an approved sewer system. (12) Lavatory Sink. Within every dwelling unit there shall be a lavatory sink. Such lavatory sink may be in the same room as 12 -300 -B =/11MX 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 the.fiush water closet -is located. The lavatory sink shall be in good working condition and shall be properly connected to an approved water supply system 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. (13) 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. In a rental dwelling unit, such room shall have an entrance door which affords privacy, unless the facilities are accessed only through a bedroom which does have such an entrance door. Such bathtub or shower may be in the same room as the flush water closet, or in another room, and 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. (14) Bedrooms. All habitable rooms used for sleeping must be provided with an emergency escape /rescue window which must meet the following requirements: (a) the window must have a net clear area of 5.7 square feet, (b) the minimum opening dimensions must be: 20 inches horizontally and. 24 inches vertically, and (c) the sill must be not more than 44 inches above the floor. (15) Stairways, Porches, and Balconies. Every stairway, inside or outside of a dwelling, and every porch, balcony, and deck shall be kept in safe and structurally sound condition. Stairs, guardrails, and handrails shall conform to the Minnesota State Building Code requirements. Every porch, balcony, and deck which is 30 inches or more above grade shall have a guardrail that conforms to the Minnesota State Building Code requirements. Except in a single occupancy residential facility, stairways having two or more risers must be provided with handrails on both sides. (16) Access. Access to or egress from each dwelling unit shall be provided without passing through any other dwelling unit. (17) All outside trash disposal facilities, recycling containers, and outside or roof top mechanical equipment at single occupancy, common interest and rental facilities, and nonresidential properties shall meet the applicable requirements of Title 8, Health, Safety, and Sanitation, and Title 11, Land Development Regulations, of this Code. (18) Exterior Lighting. The association of a common interest facility or the owner of a residential rental facility containing three or more units or the owner of a nonresidential building after building, except that this provision shall not apply to accessory structures subordinate to single- and two - family dwellings shall be responsible for providing and maintaining effective illumination on all exterior parking areas and walkways. Effective illumination shall mean a minimum of one foot- candle at grade level and shall be in compliance with all other provisions of this Code. 12 -300 -9 (19) Drives and Parking Areas. The association of any common interest, facility or the - owner of any rental facility or the owner of a nonresidential building, shall be responsible for providing and maintaining in good condition paved and delineated parking areas and drives for residents or users consistent with all applicable provisions of Chapter 11 -1800, General District Standards, of this Code. In addition, the owner or association shall be responsible for the installation and maintenance of all necessary street and direction signs on private drives within a facility, and of all fire lane signs required in that facility. Except as otherwise permitted by this Code, no vehicle, - recreational vehicle, trailer, truck, truck tractor, semi trailer, or special mobile equipment as defined -by Section 11- 1827(2), may be driven, towed or parked off a paved surface at any common interest, rental, or non - residential single occupancy facility. The parking and storage if vehicles, recreation vehicles, truck tractors, and trailers at any residential single occupancy facility shall be consistent with all applicable provisions of Title 11, Land Development Regulations of this Code. Parking shall be prohibited within the front and side yards except on improved surfaces. (20) Yards. Every yard that is part of a premises on which a building is located shall be provided with lawn or combined ground cover of vegetation, garden, hedges, shrubbery, and related ground cover in accordance with the requirements of Title 11, -Land Development Regulations, of this Code or any approved development plans. The owner of - the building, or the association in the case of a common interest facility, shall be responsible for the installation and maintenance of yards. (21) Discontinuance of Service or Facilities. No owner, association, operator, or occupant shall cause any service, facility, equipment, or utility which is required under this Code to be removed from or shut off from or discontinued for any occupied building or portion thereof, except for such temporary interruptions as may be necessary while actual repairs or alterations are in process, or during temporary emergencies, or in accordance with State and local laws and ordinances. (22) Existing Structures and Units. Any structure or unit existing prior to the adoption of this Chapter shall be deemed conforming if it was in conformance with all applicable laws and ordinances when it was constructed or last reconstructed, remodeled, repaired, or altered, except as follows: (a) Any reconstruction, remodeling, repair, or altering of a structure or unit following adoption of this Chapter shall be in conformance with this Chapter. (b) Subsections (10), (11), (12), (13), and (14) shall 7. apply to all rental facilities from and after the adoption of this Chapter. (c) Subsections (6) , (9) , and (18) shall apply to all common interest and rental facilities from and after the adoption of this Chapter. • (d) Subsections (19) and (20) shall apply to.al,l common interest, rental, and single occupancy facilities from and after the adoption of this Chapter. 12- 300 -10 • (23) Site Plans and Building Permits. All buildings, structures, and premises subject to the provisions of this Section shall at all times comply with the provisions and conditions of any approved site plan and building permit. (24) Responsibilities. The association of a common interest facility; the owner, either directly or through the owner's agent, operator, or manager, of a rental or single occupancy facility; the owner of a rooming unit; and the owner of a nonresidential property shall be responsible for ensuring that the building and premises are in compliance with the provisions of this Section. 12 -307 Pests. (1) Harborage. All structures and exterior property shall be free from rodent harborage and infestation. Boxes, lumber, scrap metal, and similar materials shall not be allowed to accumulate either in or outside a structure in a manner that attracts an infestation of pests. Materials permitted and approved for exterior storage shall be neatly stacked. (2) Food Source. Any materials that may serve as a food source for pests, whether within a structure or on the premises, shall be appropriately stored so as not to attract an infestation of pests. (3) Structures. All openings with a diameter of one half inch or more in the exterior walls, foundations, basements, • cellars, ground or first floors, and roofs of a structure shall be sealed or capable of being sealed in an approved manner so as to not permit an infestation of pests. The interior floors of basements, cellars, and other areas in direct contact with the soil shall be paved with concrete or other approved materials that will not permit the infestation of pests. (4) Responsibilities for Pest Extermination. Responsibilities for the extermination of pests shall be as follows: (a) Common Interest Facility. (i)• The occupant of a unit shall be responsible for the extermination of any infestation of pests within the unit or on the premises under the immediate control of the occupant. (ii) The association shall be responsible for the extermination of an infestation of pests within all common areas. (b) Rental Facility other than a Single Occupancy Facility. (i) The owner, either directly or through the owner's agent, operator, or manager shall be responsible for the extermination of an infestation of pests within any dwelling unit. (ii) The owner, either directly or through the owner's agent, operator, or manager, shall be responsible • for the extermination of an infestation of pegts.within all common areas. (c) Single Occupancy Facility. The occupant shall be responsible for the extermination of an infestation of pests within the structure and on the premises. 12- 300 -11 • (d) Rooming Unit. The owner of a rooming unit, or the owner's agent, operator, or manager, shall be responsible for the extermination of an infestation of pests. 12 -308 Garbage Rubbish and Recyclable Ma eriala (1) All garbage, rubbish, and recyclable materials shall be stored and disposed of in a clean, sanitary, and safe manner in accordance with Chapter 8 -100, Nuisances; Chapter 8 -200, Collection and Disposal of Garbage and Rubbish; and Chapter 11 -1800, General District Standards, of this Code. (2) The occupant of a unit shall be responsible for supplying containers or other approved methods for the proper storage of such materials within the unit and on the premises under the immediate control of the occupant. The owner of a rental facility or rooming unit, either directly or through the owner's agent, operator, or manager, shall, be responsible for supplying containers or other approved methods for the common storage of such materials. 12 -309 Maintenance R cTuirements (1) Screens and Storm Windows. The owner of a residential rental facility, either directly or through the owner's agent, operator, or manager, shall be responsible for providing and installing all screens and storm windows as required under this Chapter or Minnesota State Statutes or Rules. (2) Sanitary Fixtures. Every occupant of a building shall keep all fixtures within the unit or area of the building under the • occupant's control in'a clean and sanitary condition and shall be responsible to exercise reasonable care and the proper use thereof. (3) Snow and Ice. The association of a common interest facility, and the owner of a rental facility, either directly or through the owner's agent, operator, or manager, shall be .responsible for removing snow and ice from parking areas, drives, steps, and walkways on the premises. Individual snowfalls of one inch or more, or successive snowfalls accumulating to a depth of one inch or more, shall be removed from walkways and steps within eight hours of cessation of the snowfall. Individual snowfalls of three inches or 'more, or successive snowfalls accumulating to a depth of three inches or more shall be removed from parking aisles and drives within 24 hours of cessation of the snowfall. (4) Fences. All fences shall consist of metal, wood, masonry, or other decay resistant material. Fences, retaining walls, kennels, and other exterior structures shall be maintained in good condition both in appearance and in structure. Wood material, other than wood decay resistant varieties, shall be protected against decay by use of paint or other preservatives. Paint shall be maintained consistent with Section 12- 306(1) of this Code. (5) Accessory Structures. Accessory structures or buildings shall be structurally sound, and be maintained in good repair and appearance. The exterior of such structures shall be made weather resistant through the use of decay resistant materials such as • paint or other preservatives. Paint shall be maintained - consistent with Section 12- 306(1) of this Code. (6) Safe Building. Every foundation, roof, floor, exterior and interior wall, ceiling, inside and outside stairs, porch and 12- 300 -12 • balcony, and every appurtenance thereto, shall be safe to use and capable of supporting loads required by the occupancy. (7) Facilities to Function. Every supplied facility, fixture, piece of equipment, or utility required under this Code and every chimney and flue shall be installed and maintained and shall function effectively in a safe, sound, and working condition. (8) Responsibilities. The association of a common interest facility, and the owner, either directly or through the owner s agent, operator, or manager, of a rental or single occupancy facility shall responsible for insuring that the building and premises are in compliance with the provisions of this Section. 12 -310 Minimum Reauirementq for Dw lli and DwP11;ng L7�. No person shall occupy or permit another person to occupy, any dwelling or dwelling unit for the purpose of living therein which does not comply with the following requirements: (1) Permissible Occupancy of Rental Dwelling Unit.. Except for families as defined by Section 12- 304(9)(a), the number of occupants of a rental dwelling unit shall not exceed two times the number of bedrooms in the dwelling unit. (2) one family per dwelling unit. No more than one family shall occupy a dwelling unit for the purpose of living therein. (3) Minimum Ceiling Height. In order to qualify as habitable, rooms shall have a clear ceiling height of not less than seven feet six inches, except that in attics or top half stories used for sleeping, study, or similar activities, the ceiling. height shall be not less than seven feet six inches over at least one half of the floor area. In calculating the floor area of such rooms and attics or top half stories, only those portions of the floor area of the room having a clear ceiling height of five feet or more shall be included. (4) Access through Bedrooms and Bathrooms. No dwelling unit containing two or more bedrooms shall have a room arrangement such that access to a bathroom or water closet compartment intended for use by occupants of more than one bedroom can be gained only by going through one bedroom, nor shall the room arrangement be such that access to a bedroom can be gained only by going through another bedroom. .A bathroom or water closet compartment shall not be used as the only passage way to any habitable room, hall, basement, or cellar or to the exterior of the dwelling unit. 12 -311 Licensing of n al p w 11;nq n; (1) License Required. No person shall operate a rental dwelling or rental dwelling unit without first having obtained a license to do so from the City. (2) Expiration of License. Licenses shall be issued every four years and shall expire on the anniversary date of the license. (3) Fees. License fees shall be established from time to time by resolution of the City Council. All required fees shall accompany an initial or renewal application. A delinquency penalty of five percent of the license•fea shall be charged for each day of operation without a valid license up to 90 days. Thereafter the City may take appropriate action to prevent the continued use of the affected dwelling unit or units in accordance with State and local laws and ordinances. 12- 300 -13 Z2 '000�/ p 'v • A licensee shall not be entitled to a refund of any license fee upon revocation or suspension. However, the licensee shall be entitled' to a license fee refund, prorated monthly, upon proof of transfer of legal ownership or control. A reinspection fee established from time to time by the City Council shall be charged for each reinspection required after the follow -up inspection to the initial inspection. Reinspection fees shall be payable at the time of license renewal and no renewal license shall be issued unless all inspection fees are paid. (4) Application. Application for an initial or renewal license shall be made by the owner of rental units or by the owner's legally constituted agent to the Compliance Official on forms provided by the City. Applications shall include at a minimum: (a) Name, address, telephone number, and date of birth of the dwelling owner, principal partners if a partnership, or corporate officers if a corporation. (b) Name, address, telephone number, and date of birth of the designated local agent, if any. (c) Name, address, telephone number, and date of birth of the vendee if the dwelling is being sold through a contract for deed. (d) Local address of the dwelling. (e) Number of dwelling units within the dwelling. (f) Description of procedure through which tenant • inquiries and complaints are to be processed. Every person holding a license shall give notice in writing to the Compliance Official within five business days after any change of any of the required information. Application for license renewal shall be filed at least 90 days prior to the license expiration date. Within two weeks of receipt of the completed application and required license fees, the Compliance Official shall schedule an inspection. No application for an initial or renewal license shall be issued until the Compliance Official has determined that the licensed premises is in conformance with all State and local laws and ordinances. (5) Issuance. All initial and renewal licenses shall be issued by the Compliance Official unless the Compliance Official determines there may be grounds for denial in which case the application shall be submitted to the City Council for consideration at its next available regular meeting. (6) Local Agent. No license shall be issued or renewed if the owner does not reside within 50 miles of the rental dwelling units unless such owner designates in writing the name of a local agent who resides within 50 miles of the rental units, who is responsible for the maintenance upkeep of the building, and who is legally constituted and empowered to receive service of notice of violation of the provisions of the City Code, to receive orders, to institute remedial action to effect such orders, and to accept all service of process pursuant to law. The Compliance Official shall be notified in writing of any change of local agent. (7) Inspection. No license shall be issued or renewed unless the City has been given permission to inspect the dwelling as provided for in application. 12- 300 -14 Crflc ��1�5 • (8) Posting License. Every licensee of a residential rental facility containing three or more dwelling units shall cause to be conspicuously posted in the main entryway or other - conspicuous location therein the current license for the. dwelling. Every licensee of a single occupancy facility, shall provide to the occupant of the dwelling unit a certified copy of the current license for the dwelling. (9) License not Transferrable. No license shall be transferrable to another person or to another rental dwelling or rental dwelling unit. Every person holding a license shall give notice in writing to the Compliance Official within five business days after having legally transferred or otherwise disposed of the legal control of any licensed rental dwelling. Such notice shall include the name and address of the person succeeding to the ownership or control of such rental dwelling or dwellings. (10) Conduct on Licensed Premises. (a) The licensee shall take appropriate action following conduct by any tenant or guest of a tenant on the licensed premises which is determined to be prohibited conduct as defined by this Chapter. For the purposes of this Section "licensed premises" shall include a rental dwelling unit; communal, shared, or public areas within a building containing one or more rental dwelling units; and external common areas providing amenities to a building containing one or more • rental dwelling units, including, but not limited to, common open space, yards, drives, garages, and parking areas whether owned by the licensee or a third party or association. (b) The Compliance Official upon determining that a licensed premises has been used in a manner that constitutes prohibited conduct, shall notify the licensee or local agent by mail of the violation and direct the licensee to take steps to prevent further violation. (c) If a second incident of prohibited conduct occurs at the same licensed premises or rental dwelling unit within three months after notice of a prior incident has been given, the Compliance Official shall notify the licensee or local agent personally or by certified mail of the violation and shall also require the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further use of the premises for the prohibited conduct. The written report shall be submitted to the Compliance Official within five business days of receipt of the second notice of prohibited conduct on the premises and shall detail all actions taken by the licensee in response to all prior notices of such use of the premises within the preceding three months. (d) If a third incident of prohibited conduct occurs at the same licensed premises or rental unit within three months after the notice of the second occurrence as provided in (c) above, the license of the premises may be denied, revoked, suspended, or not renewed. An action to deny,- -revoke, suspend, or not renew a license shall be initiated by the Compliance Official in a manner prescribed in subsection (11) and the effect of any denial, nonrevocation, suspension or non - renewal resulting therefrom shall be that the affected 12- 300 -15 • building or unit shall not be occupied until the licensee has complied to the satisfaction of the City Council with all the conditions established by the Council for reoccupancy. (e) In order for paragraphs (c) or (d) to apply, any second or subsequent behavior incidents must be separate incidents and must consist of conduct: (i) anywhere on the licensed premises by the same tenant or lessee, or persons acting in conjunction with or under the control of the same tenant or lessee; (ii) by any person or persons within the same rental unit while occupied by the same tenant or lessee or within two or more rental units while occupied by the same tenant or lessee; or (iii) by the owner of the leased premises or persons acting in conjunction with or under the control of the owner. (f) No adverse license action shall be imposed where the instance of prohibited conduct on a licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or within 60 days of notice given by the licensee to a tenant-to vacate the premises, and the unlawful conduct was related to the conduct by that tenant or other occupants or guests of the tenant's unit. Eviction proceedings shall not be a bar to adverse license action, however, unless the eviction proceedings 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 which will prevent further instances of use of the premises for prohibited conduct. (g) A determination that the licensed premises has been used in a manner which constitutes prohibited conduct shall be made upon clear and convincing evidence to support such a determination. It shall not be necessary that criminal charges be brought in order to support a determination of prohibited conduct nor shall the fact of dismissal or acquittal of such criminal charges operate as a bar to adverse license action under this Section. (h) The definition of prohibited conduct in Section 12- 304(26) is in no way intended to exclude or prevent the appropriate enforcement of illegal activities not included in that definition. (i) The enforcement actions provided for 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 premises as authorized by Federal, State, or local laws and ordinances. (11) Suspension, Revocation, Penalties. Every license issued under this Section, and every licensee, is subject to license suspension, revocation and other penalties as provided in this paragraph if the licensee or the licensee's duly authorized agent • fails to operate or maintain the licensed premises in'accordance with the provisions of applicable Federal, State or local laws and ordinances. In the event a license is suspended or revoked for just cause, it shall be unlawful for the licensee or the licensee's 12- 300 -16 • duly authorized agent to thereafter permit any new occupation of the affected.vacant or thereafter vacated rental unit or rental units until such time as a valid license is restored for that unit or units. (a) Procedure for suspension or revocation. (i) The licensee is notified in writing of the nature of the charges or violations and of the date of a public hearing before the City Council. (ii) The notice may be personally served or served. by certified mail. (iii) The public hearing shall be conducted before the City Council not less than 10 nor more than 20 days after service of the notice. Service shall be considered complete upon personal service or upon deposit of the notice in the U.S. Mail. (iv) The licensee may appear at the public hearing either with or without legal counsel and presents such evidence or argument as may be relevant. (b) Suspension. No suspension of a license under this paragraph shall be for more than twelve months following the date of suspension provide, however, if at any time during the suspension the City determines that further violations regarding the suspended unit or units have occurred, the City Council, following another public hearing as provided in subsection (a) , extend the suspension for an additional period, or may revoke the license as to the affected unit or units. No extension or revocation shall be for longer than twelve months following the date of the most recent violation. Upon the expiration of a suspension, the license is reinstated as to the suspended unit or units without further action of the City Council. (c) Revocation. The revocation of a license as to a unit or units shall remain in effect until such time as the City Council reinstates the license as to the affected unit or units. The Council may establish a period of time, not to exceed twelve months from the date of revocation, during which the Council will not hear a request for reinstatement. No revocation may extend beyond twelve months unless the City Council, following a pubic hearing as provided in subsection (a) , determines that further violations relating to the unit or units under revocation have occurred. No additional revocation period shall extend beyond twelve months after the date of the most recent violation. (d) Misdemeanor. In addition to the suspension or revocation of a license, any person who violates this Section is guilty of a misdemeanor. Each day of each violation shall constitute a separate punishable offense. 12 -312 Vacant Buildincrs, The owner of any building or any • part thereof which is vacant for a period of 60 days or more, shall make the building and the premises safe and secure so as.tg not be hazardous to the health, safety, and welfare of the public and so as to not constitute a public nuisance. Any vacant building open at windows or doors, if unguarded, shall be deemed to be a hazard to the health, safety, and welfare of the public and a public 12- 300 -17 • nuisance within the meaning of this Section and shall be made safe and secure immediately by boarding the openings. Boarding must be done with sound materials which are securely _fastened to the building and painted with a color consistent with the adjacent surfaces, except that openings on walls facing street frontages shall be covered with clear acrylic plastic sheets only. Nonresidential buildings which become vacant must remove exterior signage on the vacant portions of the building, except that signage which is used for sale or lease of the building as allowed by the Chapter 11 -2100, Sign Regulations, of this Code. The premises of a vacant building shall be maintained in an appropriate. manner including, but not limited to, mowing of yard areas; removal of weeds from parking areas, drives, medians, and landscaping; collection and removal of debris; and watering and maintaining landscaping and yard. 12 -313 Buildings Unfit f Or Human Habi (1) Any building or portion thereof which is damaged, decayed, dilapidated, unsanitary, unsafe, pest infested, or which lacks provision for basic illumination, heat, 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 building or premises has been declared unfit for human habitation, the Compliance Official shall order the building or affected dwelling unit or units vacated within a reasonable time and shall post a placard on the building or dwelling units indicating that the building or unit is unfit for human habitation, and any license previously issued for such building, dwelling, or occupancy shall be revoked. An order issued pursuant to this Section shall be served on the owner, operator, or owner's agent and upon any occupants in the same manner as a notice under Section 12- 315(3). The appeal process for Section 12- 315(4) shall apply to orders issued under this Section except that the Compliance Official may order the vacation of the building or any part thereof pending an appeal upon a finding that continued occupancy poses an immediate and substantial threat to health and safety. (2) It shall be unlawful for such building or any part thereof to be used for human habitation until the defective conditions have been corrected and written approval has been issued by the Compliance Official and a license issued for the affected building or units. It shall be unlawful for any person to deface or remove the declaration placard from any such building or dwelling unit. (3) No rents shall be collected from the tenant of any affected dwelling unit which has been placarded, from the date of placarding, until the placard has been removed by the City. 12 -314 Hazardous Building In the event that a building has been declared unfit for human habitation and the owner has not remedied the defects within a prescribed reasonable time, the • building may be declared a hazardous building arid. treated consistent with the provisions of Minnesota statutes. I 12- 300 -18 6.0M 12 -315 Enforcem n . (1) Inspection Authority. Except as otherwise provided herein, the Compliance Official shall administer and enforce the provisions of this Chapter and is hereby authorized to cause inspections on a scheduled basis for rental dwelling units, and other buildings when reason exists to believe that a violation of State or local laws and ordinances have been or are being committed. Inspections shall be conducted during reasonable daylight hours, and the Compliance Official shall present evidence of official capacity to the occupant in charge of a respective dwelling unit. This Section shall not apply to investigations conducted by the Police Department regarding prohibited conduct or other similar illegal activities. (2) Compliance Order. Whenever the Compliance Official determines that any building or any part thereof or the premises surrounding any building, fails to meet the provisions of this Chapter a compliance order setting forth the violations and ordering the. owner, occupant, operator, or agent to correct such violations shall be issued. This compliance order shall: (a) be in writing, (b) describe the location and nature of the violations, (c) establish a reasonable time for the correction of such violations, (d) provide notice of appeal rights, and (e) be served upon the owner, operator, agent, or occupant, as appropriate. (3) Service of Notice. Except as otherwise provided in this Chapter, all notices given by the City relating to violations under this Chapter shall be personally served on the appropriate party or sent by certified mail to the party's last known address. If service cannot be made personally or by certified mail, it can be made by posting the notice in a conspicuous place on the licensed premises. Except where the City has reasonable cause to believe an emergency exists, notice shall be given to the owner, operator, manager, representative or local agent, and any affected occupant at least five business days before any inspection. Inspection notices shall be in writing and may be personally delivered or mailed by regular mail. (4) Right to Appeal. Any person to whom a compliance order is directed who believes such order is based upon an erroneous interpretation of law or ordinance, may appeal the order of the Compliance Official to the Board of Zoning Adjustment. Such appeal must be in writing, specify the grounds for the appeal, and be filed with the Compliance Official within ten business days after service of the compliance order. The decision of the Board of Zoning Adjustment may be appealed to the City Council in accordance with Section 11 -334 of the City Code. The filing of an appeal shall stay all proceedings and furtherance of the action appealed from, unless such a stay would cause imminent peril to life, health, or property. (5) Restrictions on Transfer of Ownership. The owner of -.any building, or any part thereof, upon whom a pending compliance order has been served may not sell, transfer, mortgage, lease, or otherwise dispose of the building or any part thereof, to another person until the provisions of the compliance order have been 12- 300 -19 complied with, unless such owner shall furnish to the 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 building, or any part thereof, who has received notice of the existence of a violation or compliance order shall be bound by such violation or order without further service of notice and shall be liable for all penalties and procedures provided by this Chapter. (6) Execution of Compliance Order. Upon failure to comply with a compliance order within the time set out therein and no appeal having been taken, and upon failure to comply with a modified compliance order within the date set therein, the City Council, in addition to any other criminal or civil remedies provided for in this Chapter, may, by resolution, following a hearing upon not less than ten days notice to the owner, 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 State law. (7) Additional Penalties. Any person who fails to comply with a compliance order after the right of appeal has expired, and any person who fails to_ comply with a modified compliance order within the time set therein, shall be guilty of a misdemeanor. Every day of such failure to comply shall constitute a separate punishable offense. In addition, a license may be suspended or revoked or not renewed for any dwelling unit subject to the order. (8) Authority to Issue Citations. The Compliance Official, City building inspectors,- and community service officers are hereby authorized to issue citations for any violation of this Chapter. 12 -316 Notice of Accents Oneratorc Managers, and officers. (1) The association of any common interest facility shall notify the City in writing of the name, address, and telephone number of the association president, or other authorized contact individual, and shall renotify the City in writing of any change in the identity, address., or telephone number of that individual. (2) The owner of any rental facility, including single occupancy facility, shall notify the City in writing of the name, address, and telephone number of any agent, operator, manager, or other authorized contact individual responsible for the facility, and shall renotify the City in writing of any change in the identity, address, or telephone number of that individual. 12 -317 Severability. If any section or any portion of any section of this Chapter is deemed invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the other sections or portions of sections of this Chapter. 12- 300 -20 Brooklyn Park, MN Code of Ordinances TITLE XI: BUSINESS REGULATIONS E CHAPTER 117: LODGING AND HOUSING ESTABLISHMENTS § 117.40 PURPOSE. It is the purpose of this subchapter to protect the public health, safety and welfare of the community at large and the residents of rental dwellings in the City of Brooklyn Park and to ensure that rental housing in the city is decent, safe and sanitary and is so operated and maintained as not to become a nuisance to the neighborhood or to become an influence that fosters blight and deterioration or creates a disincentive to reinvestment in the community. The operation of rental residential properties is a business enterprise that entails certain responsibilities. Operators are responsible to take such reasonable steps as are necessary to ensure that the citizens of the city who occupy such units may pursue the quiet enjoyment of the normal activities of life in surroundings that are: safe, secure and sanitary; free from noise, nuisances or annoyances; and free from unreasonable fears about safety of persons and security of property. § 117.41 INTENT. It is the intent of this subchapter that a permanent mode of protecting and regulating the living conditions of citizens of the city be established; and that uniform standards be established and applicable for all rental dwellings in the city. This subchapter is not construed or interpreted to supersede or limit any other such applicable ordinance or law. § 117.42 DEFINITIONS. For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning. APARTMENT. A community, complex, or building having a common owner and containing 16 or more living units. CERTIFICATE OF COMPLIANCE. Document issued by the city, stating that the building has been inspected and is in compliance with applicable property maintenance codes and ordinances. Arlo�4-/�— CITYMANAGER. The City Manager or the City Manager's designated agent DWELLING. A building or one or more portions thereof occupied or intended to be occupied for residence purposes; but not including rooms in motels, hotels, nursing homes, boarding houses, trailers, tents, cabins or trailer coaches. GENERAL HOUSING UNIT. A dwelling other than an apartment, including but not limited to a townhouse, condominium, double bungalow, residential zero lot line (split double), single family or tri -plex. LET FOR OCCUPANCY or TO LET. To permit possession or occupancy of a dwelling or living unit by a person who is not the legal owner of record thereof, pursuant to a written or unwritten lease, or pursuant to a recorded or unrecorded agreement whether or not a fee is required by the agreement. LIVING UNIT. A single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation. OCCUPANT. Any person living or sleeping in a dwelling; or having possession of a space within a dwelling. 0 OPERATE. To let for occupancy or to let. OPERATOR/MANAGER. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy. OWNER/LICENSEE. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property, or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court, or any person representing the actual owner. PERSON. An individual, corporation, firm, association, company, partnership, organization or any other group acting as a unit. RENT. To let for occupancy or to let. 0 RENTAL DWELLING. Any apartment or general housing unit let for occupancy. _.2 ,try. MA- REPORTING PERIOD. The 12 month period ending 60 days before a regular or provisional license expires. SMALL APARTMENT. A community, complex, or building containing four or more or fewer than 16 living units. STRUCTURE. Anything constructed or erected on, or connected to the ground. § 117.43 LICENSE REQUIRED. (A) It is unlawful to operate a rental dwelling in the city without first having obtained a license from the City Manager. Each general housing unit must register once every two years and each apartment complex must register annually with the City Manager. No license is required under this subchapter when an owner occupies a living unit as a permanent residence. (B) There are two types of licenses: regular and provisional. Provisional licenses apply only to apartments and are defined in § 117.462. All references to licenses in this subchapter are . references to regular licenses, unless otherwise stated. (C) Small apartments are not subject to the following provisions of this chapter: §§ I I7.46(B)(10); 117.46(C); 117.461; 117.462; 117.463; 117.52(C)(5); 117.52 (D)(1)(d) — (e); and 117.52(E). § 117.44 LICENSE PERIOD. (A) Apartment licenses, including licenses for small apartments, are valid from July 1 through the last day of June. Provisional licenses are valid for six months, commencing either July 1 or January 1. General housing unit licenses are valid from October 1 through the last day of September of the second year. (B) All licenses, regular and provisional, must comply with all provisions of this subchapter upon its effective date. Apartment licenses that qualify for a regular license upon the effective date of this subchapter shall remain in effect until June 30, 2003. Apartment licenses that qualify only for a provisional license upon the effective date of this subchapter will expire and a provisional license will be issued by the City Manager. All provisional licensees must submit a mitigation plan to the City Manager within 60 days of the effective date of this subchapter. For the first year after the effective date of this subchapter, the City Manager will develop and implement a schedule to review each mitigation plan in the manner provided in § 117.462. —3 § 117.45 FEES. 0 License fees are in the amount set by the Council. Cross - reference: License fees, see Appendix § 117.46 APPLICATION. i (A) Applications for licenses must be made in writing to the City Manager by the owner or operator. Failure to complete a license application may result in delay or suspension of the application process. In cases where the owner of a rental dwelling lives outside a 50- mile radius of the rental dwelling, the owner must name an operator living within the 50 -mile radius of the rental dwelling. Registration must be made by the operator. (B) All applications must specify the following: (1) Owner's name, address and telephone number. In cases where the owner is an individual, one of the following is required: driver's license number, state identification number, or date of birth. (2) Operator's name, address, phone number and driver's license number or state identification number or date of birth. (3) Signature of owner or operator /agent. (4) Name, address and phone number of management company, manager or managing officer. (5) Legal address of the rental dwelling. E (6) Number and type of living units within the rental dwelling. (7) Well and septic system status. (8) Status of all property taxes and special assessments. —'fZ— Wam (9) Date of the most recent certificate of compliance. (10) In the case of Level II and Level III licensees as defined under § 117.463, the name of the tenant screening company that will perform background checks on prospective tenants. Such companies must be approved by the City Manager to perform background checks. (C) An application from a licensee in provisional status under § 117.461 must contain all of the information in division (B) and the following additional information: (1) If the applicant is a corporation, the names and addresses of the majority shareholders, and the names and addresses of the officers. (2) The names, addresses and telephone numbers of the individuals responsible for keeping and maintaining the tenant registers. (3) A proposed mitigation plan as described in § 117.463. 0 § 117.461 PROVISIONAL LICENSES. (A) Licensed apartments that have a police call rating of at or above .64 calls per dwelling unit during the reporting period are eligible only for provisional licenses. (B) Police calls that are counted in determining whether a provisional license is required include the following types of incidents: (1) Incidents listed in § 117.49; (2) Crimes, disorder, and nuisance calls as categorized by the Police Department. The City Manager will maintain for public inspection a description of the coding system and a list of the codes and crimes included within each of these categories. (3) The City Manager may count multiple police calls made as a result of related incidents, as one call. I (C) Incidents will not be counted for purposes of determining whether a provisional license is required where the victim and suspect are "family or household members" as defined in the � � A Domestic Abuse Act, M.S. § 518B.01, Subdivision 2(b) and where there is a report of " mestic abuse" as defined in the Domestic Abuse Act, M.S. § 518B.01, Subdivision 2(a). (D) Incidents will not be counted for purposes of determining whether a provisional license is required where calls are made as defined in M.S. § 504B.205. (E) The city will provide to each licensee or manager, or the designated agent of the licensee, a monthly report of calls described in division (B) above. Such report will contain only data that may be disclosed under the Minnesota Government Data Practices Act. (F) A provisional licensee will be eligible for a regular license for the next licensing period after police calls are reduced to the level that qualify for a regular license. § 117.462 MITIGATION PLAN. (A) Level III licensees under § 117.463(D), must submit to the City Manager for review a mitigation plan for the license period. The mitigation plan must accompany the license application and must describe steps proposed by the applicant or licensee to reduce the number of police calls described in § 117.461(B), to a level that qualifies for a regular license. The mitigation plan may include, but is not limited to, such steps as: changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, and security personnel. (B) The proposed mitigation plan will be presented to the City Manager. After a meeting with the applicant or licensee, the City Manager will approve, disapprove, or approve with conditions the application and the mitigation plan. If the City Manager disapproves an application and mitigation plan or approves it with conditions, the reasons for doing so must be in writing. (C) The licensee must comply with the mitigation plan as approved by the City Manager. The licensee will mail or deliver to the City Manager a written quarterly report describing all steps taken in furtherance of the mitigation plan. § 117.463 LICENSING LEVELS FOR APARTMENTS. (A) Rental licenses for apartments will fall within one of the following three categories: Level I, Level II, or Level III. —.6— (B) Licensed apartments that have a police call rating at or below .49 calls per dwe ijig unit during the reporting period will be deemed Level I licenses. (C) Licensed apartments that have a police call rating between .50 and .63 per dwelling unit during the reporting period will be deemed Level H licenses. All Level II licensees must: (1) Require all prospective tenants 18 years of age or older to complete a tenant application; (2) Require every prospective tenant to present proper photo identification; (3) Establish written rental criteria to be provided to each prospective tenant; included in the criteria shall be a statement that rental will be denied if a prospective tenant misrepresents information on the application. The City Manager will provide recommended criteria for application denial to licensees. (4) Conduct criminal background checks on all prospective tenants. The criminal background check by the licensee must including the following: (a) A statewide (Minnesota) criminal history check of all prospective tenants covering at least the last three years; the check must be done "in person" or by utilizing the most recent update of the state criminal history files; (b) A statewide criminal history check from the prospective tenant's previous state of residence if the tenant is moving directly from the previous state; (c) A criminal history check of any prospective tenant in their previous states of residence covering the last three years if they have not resided in Minnesota for three years or longer; (d) A criminal history check of any prospective tenant must be conducted in all seven counties in the metro Twin City area covering at least the last three years including all misdemeanor, gross misdemeanor, and felony convictions. (5) Assist in conducting resident crime prevention meetings when requested by the police department; (6) Include in its leases the lease addendum for crime -free, drug -free housing as defined by the Minnesota Attorney General's Office. -7- ��. (D) Licensed apartments that have a police call rating of at or above .64 calls nerd elling unit during the reporting period will be deemed Level III licenses. Level III licensees: (1) Must comply with all requirements for Level II licensees in division (C). (2) Are deemed provisional licenses and are subject to all conditions of provisional licenses under §§ 117.461 to 117.462. § 117.47 LICENSE TRANSFER No licensee has the right to transfer a license to any other person or property. § 117.48 DISPLAY OF LICENSE. Every registrant of a rental dwelling must post the license issued by the City Manager. The license for each apartment building must be conspicuously posted by the licensee at or near the front entrance, a public corridor, hallway or lobby of the apartment building for which it is issued. The annual license issued for general housing units must be posted within the dwelling. § 117.481 REPORT CHANGES IN OWNERSHIP. Licensees must report to the City Manager any changes in the identity of the owner of a rental dwelling, including a change in the majority shareholder or shareholders and officers in the case of corporations. Licensees must report a change in ownership at least 30 days before closing. § 117.482 TENANT REGISTER. Licensees must, as a continuing obligation of a license, maintain a current register of tenants and other persons who have a lawful right to occupancy of rental dwellings within an apartment. In its application, the licensee must designate the person or persons who will have possession of the register and must promptly notify the City Manager of any change of the identity, address or telephone numbers of such persons. The register must be available for inspection by the City 8' Manager at all times. 0 § 117.483 RESPONSIBILITY FOR ACTS OF MANAGER. Licensees are responsible for the acts or omissions of their managers. § 117.484 NO RETALIATION. No licensee shall evict, threaten to evict or take any other punitive action against any tenant by reason of good faith calls made by such tenant to law enforcement agencies relating to criminal activity, suspected criminal activity, suspicious occurrences or public safety concerns. This section shall not prohibit the eviction of tenants for unlawful conduct of a tenant or invitee of the tenant or violation of any rules, regulations or lease terms other than a prohibition against contacting law enforcement agencies. § 117.49 CONDUCT ON LICENSED PREMISES. 0 (A) It is the responsibility of the licensee to see that persons occupying the licensed premises conduct themselves in such a manner as not to cause the premises to be disorderly. For purposes of this section, a premises is disorderly at which any of the following activities occur: (1) Violation of §§ 92.05 and 92.06 of this code (animal noise and public nuisances). (2) Violation of § 134.03 of this code (noisy parties). (3) Violation of Chapter 135 of this code (unlawful possession, delivery or purchase) or violation of laws relating to the possession of controlled substances as defined in M.S. §§ 152.01 et seq. (4) Violation of §§ 134.15 et seq. (disorderly conduct) or violation of laws relating to disorderly conduct as defined in M.S. § 609.72. (5) Violation of §§ 112.030 through 112.069 of this code (unlawful sale of intoxicating liquor or 3.2 malt liquor) or violation of laws relating to the sale of intoxicating liquor as defined in M.S. §§ 340A.701, 340A.702 or 340A.703. —g— X/*04 A (6) Violation of laws relating to prostitution or acts relating to prostitution as define (Fin M.S. § 609.321, Subdivision 9. (7) Violation of Chapter 136 of this code (weapons) or violation of laws relating to unlawful use or possession of a firearm as defined in M.S. §§ 609.66 et seq., on the licensed premises. (8) Violations of § 134.01 of this code (assaults) or laws relating to assault, including domestic assault as defined in M.S. § 609.2242. (9) Violation of laws relating to contributing to the need for protection or services or delinquency of a minor as defined in M.S. § 260C, et. seq.. (B) The City Manager is responsible for enforcement and administration of this subchapter. (C) Upon determination by the City Manager that a licensed premises was used in a disorderly manner, as described in division (A) of this section, the City Manager must give notice to the licensee of the violation and direct the licensee to take steps to prevent further violations. (D) If another instance of disorderly use of the licensed premises occurs within three months of an incident for which a notice in division (C) of this section was given, the City Manager must notify the licensee of the violation and must also require the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use of the premises. This written report must be submitted to the City Manager within five days of receipt of the notice of disorderly use of the premises and must detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding three months. (E) (1) If another instance of disorderly use of the licensed premises occurs within three months after any two previous instances of disorderly use for which notices were given to the licensee pursuant to this section, the rental dwelling license for the premises may be denied, revoked, suspended or not renewed. An action to deny, revoke, suspend, or not renew a license under this section must be initiated by the City Manager who must give to the licensee written notice of a hearing before the City Council to consider such denial, revocation, suspension or non - renewal. Such written notice must specify all violations of this section, and must state the date, time, place and purpose of the hearing. The hearing must be held no less than ten days and no more than 30 days after giving such notice. (2) Following the hearing, the Council may deny, revoke, suspend or decline to renew the license for all or any part or parts of the licensed premises or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this section. _/01- (F) No adverse license action shall be imposed where the instance of disorderly use of the . licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or within 30 days of notice given by the 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 unit. Eviction proceedings are not a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an 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 which will prevent fiurther instances of disorderly use. (G) A determination that the licensed premises have been used in a disorderly manner as described in division (A) of this section shall be made upon a fair preponderance of the evidence to support such a determination. It is not necessary that criminal charges be brought in order to support a determination of disorderly use nor does the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this section. (H) All notices given by the city under this section must be personally served on the licensee, sent by certified mail to the licensee's last known address or, if neither method of service effects notice, by posting on a conspicuous place on the licensed premises. (1) Enforcement actions provided in this section are not exclusive, and the City Council may take any action with respect to a licensee, a tenant, or the licensed premises as is authorized by the city code, state or federal law. § 117.50 LANDSCAPE CONDITION. Each rental dwelling must be maintained by its owner, occupant, or operator so that the yards, open spaces and parking facilities are kept in a safe and attractive condition. Where a conditional use permit has been granted, the landscaping shown on the approved landscaping plan is considered as minimal and must be maintained accordingly. Any deviation to species or material shall be equal to or better than originally approved. In addition, adequate lighting facilities must be provided and operated between the hours of sunset and sunrise; and snow plowing or snow shoveling must be regularly accomplished to maintain all sidewalk and parking areas in a safe and passable condition. § 117.51 SAFETY FROM FIRE. ® An owner or operator of a rental dwelling is responsible to comply with the applicable provisions of the Fire Prevention Code of the city in keeping open all fire lanes established by the city. • § 117.52 ENFORCEMENT. (A) Responsibility. It is the responsibility of the owner and operator /agent to be in compliance with this subchapter, other city ordinances and state laws. (B) Maintenance standards. Every rental dwelling must maintain the standards in the city property maintenance code, Chapter 106 of this code, in addition to any other requirement of the ordinances of the city or special permits issued by the city, or the laws of the State of Minnesota. (C) Inspections and investigations. (1) The City Manager is authorized to make inspections to enforce this subchapter. (2) All designated agents authorized to inspect have the authority to enter, at all reasonable times, any rental dwelling. Prior to entering a rental dwelling, or premises not otherwise open to the general public, the City Manager must first present proper credentials and request entry. If any owner, operator, occupant or other person(s) in charge of a rental dwelling fails or refuses to permit free access and entry to the structure or premises under the person's control, or any part thereof, with respect to which an inspection authorized by this subchapter is sought to be made, the designated agent may, upon 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 rental dwelling, petition and obtain such order from a court of competent jurisdiction in order to secure entry. (3) Compliance orders must be written in accordance with § 107.00 of the International Property Maintenence Code. (4) There is no fee charged for an initial inspection to determine the existence of a housing maintenance code violation, nor any fee for the first reinspection to determine compliance with an order to correct a housing maintenance, code violation. (a) A fee will be charged for each subsequent reinspection occurring after the due date for compliance with an order, as determined by the City Manager. The amount of the reinspection fee will be set by resolution of the council as listed in the Appendix of this code. (b) The reinspection fees prescribed above are to be billed directly to the owner or operator /agent for the property upon completion of any reinspection for which a fee is required. Failure to pay such fees is grounds for revocation, suspension, or non - issuance of a rental &P u � 14 dwelling license. This subdivision is not to be considered the exclusive method of collectin reinspection fees and does not preclude collection by other lawful means. (c) Every notice of violation and order to correct housing code violations must contain a clear and conspicuous explanation of the policy in this section requiring reinspection fees for subsequent reinspection. (d) The City Manager may waive a reinspection fee in case of error, mistake, injustice, or other good cause. (5) The City Manager has the authority to inspect records to determine compliance with 117.463(C) and (D). (D) Revocation, suspension, denial or non - renewal of license. (1) After a hearing, the Council may revoke, suspend, deny or decline to renew any license issued under this subchapter for part or all of a facility upon any of the following grounds: (a) False statements on any application or other information or report required by this subchapter to be given by the applicant or licensee; 0 (b) Failure to pay any application, penalty, reinspection or reinstatement fee required either by this section or City Council resolution; (c) Failure to correct deficiencies in the time specified in a compliance order; (d) Failure to reduce police calls to a level that qualifies for a regular license or failure to otherwise comply with the provisions of an approved mitigation plan in the case of provisional licenses; (e) Failure to allow inspection of records under § 117.52(C)(5); (f) Failure to allow an authorized inspection of a rental dwelling; (g) Any other violation of this subchapter. (2) Before a decision to revoke, suspend, deny or not renew a license is made, written notice must be sent to the applicant or licensee setting forth the alleged grounds for the potential action. The notice must also specify a date for a hearing before the Council, which must not be _/S — �lt tt less than ten days from the date of the notice. At the hearing, the licensee may present Witnesses in their defense. The Council may give due regard to the frequency and seriousness of 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 deny, not renew, suspend or revoke a license only upon written findings. (3) Upon a decision to revoke, deny or not renew a license, no new application from the current owner for the same facility will be accepted for a period of time specified in the council's decision, not exceeding one year. New applications must be accompanied by a reinstatement fee, in addition to all other required fees. (4) A decision to revoke, suspend, deny or not renew a license or application will specify the part or parts of the facility to which it applies. Until a license is reissued or reinstated, no rental units becoming vacant in such part or parts of the facility may be relet or occupied. Revocation, suspension or non - renewal of a license will not excuse the owner from compliance with all terms of this section for as long as any units in the facility are occupied. (5) Failure to comply with all terms of this section during the term of revocation, suspension or non - renewal is a misdemeanor and grounds for extension of the term of revocation, suspension or continuation of non - renewal of the license. (E) Failure to comply with an approved mitigation plan will subject the licensee to a licensee fee surcharge, if, as a result of such failure to comply, the city incurs costs above and beyond the normal costs of administering and overseeing the provisional license program. (F) Summary action. (1) When the conduct of any license holder or their agent, representative, employee or lessee or the condition of their rental dwelling is detrimental to the public health, sanitation, safety and general welfare of the community at large or residents of the rental dwelling as to constitute a nuisance, fire hazard or other unsafe or dangerous condition and thus give rise to an emergency, the City Manager has the authority to summarily condemn or close off individual units or such areas of the rental dwelling. Notice of summary condemnation must be posted at the location of the rental dwelling license and at the units or areas affected and shall indicate the units or areas affected. (2) Any person aggrieved by a decision or action of the City Manager to cease business or revoke or suspend all or part of the license or permit shall be entitled to appeal to the Council immediately, by filing a notice of appeal in the office of the City Manager. The Manager must schedule a date for hearing before the Council and notify the aggrieved person of the date. (3) The hearing must be conducted in the same manner as if the aggrieved person had not received summary action. /fL . (4) The decision of the compliance official is not voided by the filing of such appeal. Only after the Council has held its hearing will the decision or action of the compliance official be affected. (G) Posting of unlicensed properties. Any dwelling found in violation of § 117.43 of this chapter may be posted with a placard near or upon the main entrance of the dwelling and must be substantially in the following form: NOTICE Property Address This property is in violation of Brooklyn Park Ordinance Section 117:43, License Required. Failure to obtain a rental license will result in legal action. Any unauthorized person removing or defacing this notice will be prosecuted. Division—Designated Agent ... Date § 117.53 REMOVAL OF SNOW AND ICE. The owner of any rental dwelling is responsible for the removal of snow and ice from parking lots, driveways, steps and walkways on the premises. Individual snowfalls of three inches or more, or successive snowfalls accumulating to a depth of three inches must be removed from walkways and steps within 48 hours after the cessation of the snowfall. �5 *( A) CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Planning and Zoning Commissioners FROM: Courtney Bednarz, City Plann4 SUBJECT: PUBLIC HEARING: Consider Ordinance amendment to Ordinance 10, Section 6 Sketch Plan and Section 7 Preliminary Plat to conform with State Statute regarding processing of applications. DATE: September 24, 2002 INTRODUCTION Staff is proposing to adjust language within Ordinance 10 to ensure that plat review is conducted in compliance with State Statute 462.358 Procedure for plan effectuation; subdvision. DISCUSSION State Statute provides requirements for municipalities to follow during the review of plats. These requirements dictate that cities respond to the applicant within ten days of a plat submittal to establish whether a submittal is complete or not. Cities have 60 days to review and act on plat submittals. The review period can be extended by the City to 120 days provided there is some justification for the extension. Only the applicant can extend the review period beyond 120 days. Ordinance 10 requires a sketch plan to be completed prior to review of a preliminary plat. Sketch plan review consists of staff, Planning Commission and City Council review. This level of review takes a minimum of 45 days. Plat review follows a similar process, although a much greater amount of time is spent on staff review as the applicant and staff work through the details of the proposal to ensure compliance with City Ordinances. As you can see, the current process will not allow plats to be acted upon by the City within the 60 days allowed by state Statute. Given that Cities are not allowed to automatically extend review of applications to 120 days, an adjustment needs to be made. As a result, it is necessary to modify Ordinance 10 to ensure that the City's platting process conforms with State Statutes. The City Attorney has suggested a minor adjustment to the Sketch Plan language, to make it permissive rather than mandatory, as shown below: SECTION 6. SKETCH PLAN. Prior to platting any tract of land, the subdivider sh" may prepare a subdivision sketch plan for review by the Andover Review Committee (ARC), Planning and Zoning Commission and the City Council. Such sketch plan will be considered as having been submitted for review and discussion between the subdivider and the Andover Review Committee (ARC), Planning and Zoning Commission and the City Council. No fee shall be required of the subdivider for the submission of a sketch plan. However, review time by the ARC shall be billed towards the project provided the project continues beyond the sketch plan phase to the review of the preliminary plat. (1 ODD, 8 -3 -99; l OEE, 6 -6 -00) W 6.02 Procedure. The sketch plan shall may be submitted and reviewed in accordance with the following procedures: (I ODD, 8 -3 -99) A. The subdivider shall submit ten (10) copies of the sketch plan to the Community Development Director for review by the Andover Review Committee. The ARC shall review and comment on the sketch plan within ten (15) days of the submittal by the subdivider. (1 ODD, 8 -3 -99) (1 OFF 7- 16 -02) B. Upon ARC review and comment, the sketch plan shall be placed on the next available agenda of the Planning and Zoning Commission, but no sooner than ten (10) days after being reviewed by the ARC. (1 ODD, 8 -3 -99) Notification shall be sent to adjacent property owners within three hundred fifty feet (350') ten (10) days prior to the meeting of the Planning and Zoning Commission. Failure to receive such notification shall not invalidate the proceedings. (I ODD, 8 -3 -99) C. Upon Planning and Zoning Commission review and comment, the sketch plan shall be placed on the next available City Council agenda, but no sooner than ten (10) days after being reviewed by the Planning and Zoning Commission. (TODD, 8 -3 -99) This adjustment makes the sketch plan optional. By doing this, the sketch plan is not considered a requirement of the platting process. This would conceivably allow the platting process to be completed within the 60 days allowed by State Statute. If the sketch plan were to continue to be a requirement, the City's platting process would continue to be out of compliance with State Statute because the process could not be completed within 60 days. It is important to note that, with this adjustment, projects may be submitted as preliminary plats without going through the sketch plan process. Staff Recommendation Staff recommends in favor of the proposed Ordinance amendment. Attachments Proposed Ordinance Amendment r1 lJ • CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 10 AN ORDINANCE ESTABLISHING THE CITY COUNCIL AS THE PLATTING AUTHORITY OF THE CITY, ESTABLISHING REGULATIONS AND PROCEDURES FOR THE SUBDIVISION AND PLATTING OF LAND WITHIN THE CITY, AND PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE. THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: SECTION 6. SKETCH PLAN. Prior to platting any tract of land, the subdivider shag may prepare a subdivision sketch plan for review by the Andover Review Committee (ARC), Planning and Zoning Commission and the City Council. Such sketch plan will be considered as having been submitted for review and discussion between the subdivider and the Andover Review Committee (ARC), Planning and Zoning Commission and the City Council. No fee shall be required of the subdivider for the submission of a sketch plan. However, review time by the • ARC shall be billed towards the project provided the project continues beyond the sketch plan phase to the review of the preliminary plat. (I ODD, 8 -3 -99; 10EE, 6 -6 -00) 6.01 On the basis of the subdivision sketch plan, the ARC, Planning and Zoning Commission and the City Council will advise the subdivider of the extent to which the plan conforms to the Comprehensive Plan, design standards of this Ordinance and to other Ordinances of the City, County, and State will discuss possible modification necessary to secure approval of the plan. (TODD, 8 -3 -99; IOEE, 6 -6 -00) 6.02 Procedure. The sketch plan sha# may be submitted and reviewed in accordance with the following procedures: (TODD, 8 -3 -99) A. The subdivider shall submit ten (10) copies of the sketch plan to the Community Development Director for review by the Andover Review Committee. The ARC shall review and continent on the sketch plan within Fifteen (15) business days of the submittal by the subdivider. (TODD, 8 -3 -99) (TOFF, 7 -16 -2002) B. Upon ARC review and comment, the sketch plan shall be placed on the next available agenda of the Planning and Zoning Commission, but no sooner than ten (10) days after being reviewed by the ARC. (TODD, 8 -3 -99) • C. Notification shall be sent to adjacent property owners within three hundred fifty feet (350') ten (10) days prior to the meeting of the Planning and Zoning Commission. Failure to receive such notification shall not • invalidate the proceedings. (TODD, 8 -3 -99) D. Upon Planning and Zoning Commission review and comment, the sketch plan shall be placed on the next available City Council agenda, but no sooner than ten (10) days after being reviewed by the Planning and Zoning Commission. (1 ODD, 8 -3 -99) Adopted by the City Council of the City of Andover on this day of , 2002. CITY OF ANDOVER Michael R. Gamache, Mayor ATTEST: Vicki Volk, City Clerk • • "`I(-