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HomeMy WebLinkAbout2007-09-05 PACKET 12.AREQUEST OF CITY COUNCIL ACTION COUNCIL MEETING DATE 9/5/07 PREPARED BY: Community Development ORIGINATING DEPARTMENT AGENDA ITEM # ) - 0 , Howard Blin STAFF AUTHOR �,�������,,������������>��.�������������,���,,���� COUNCIL ACTION REQUEST Workshop: Code Enforcement STAFF RECOMMENDATION Workshop: Code Enforcement BUDGET IMPLICATION $N/A $N/A , N/A BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION DATE ❑ PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES/RIGHTS ❑ ECONOMIC DEV. AUTHORITY ❑ SUPPORTING DOCUMENTS REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ � MEMO/LETTER: Memo from Howard Blin dated 8l30/07 ❑ RESO�UTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ❑ OTHER: ADMINISTRATORS COMMENTS APPROVED ❑ ❑ ❑ ❑ ❑ ❑ ❑ DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ � ,;f ,�° �� � �n `.T C'� �^���';: E' �„ " ,�f"'� � � �....�} � R%' City Administrator Date �F 'k %� W 'k * fF 'k :F :F 'k 'k * % %' k * * k * * * * * * * * •k Y: h Y: * 'k fF * :F 'k 'k k * 'k * k k * * * * COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED �OT'HER CITY OF COTTAGE GROVE MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: Howard Blin, Community Development Director DATE: August 30, 2007 RE: Workshop on Code Enforcement On September 5, staff will present an overview of code enforcement and rental housing activi- ties. This will include a discussion of the current priorities in code enforcement, listed below: 1) Respond to Complaints. Inspections staff receive complaints on a daily basis from residents reporting code violations. Inspectors visit the property and contact the prop- erty owner to bring the site into compliance with property maintenance codes. 2) Rental Housing Inspections. Cottage Grove currently has 542 licensed rental units. It is assumed that there are more unlicensed rental properties in the city. To identify all rental units, staff is currently analyzing records of non-homestead property. Through 2008, the goal will be to inspect and license all rental units in the city. 3) Commercial Property Inspection. In 2007 the focus has been on bringing all commer- cial sites into compliance with the Sign Ordinance, particularly in the area of temporary signs. In 2008, commercial property owners will be contacted about deficiencies in landscape maintenance. 4) Public Education. To educate residents about the various requirements for property maintenance, informational pieces will continue to be placed in the Cottage Grove Report, Cottage Grove Monthiy Report, and Iocal cable television programs. To improve enforcement activities, a major update of the Structure and Property Maintenance section of the City Code is proposed. Staff has worked with the City Attorney to draft amend- ments to the existing requirements. A redlined version of the proposed code amendment is attached. The major changes include expanding the reach of the code to commercial and in- stitutional (non-residential) properties and expanding requirements for rental housing units. After initial City Council review at the September 5 workshop, the code revisions are scheduled to be on the September 19 Council agenda for action. Chapter 7 Structure and Property Maintenance Code 9-7-1 Short Title 9-7-2 Policy; Purpose; Objective & Intent A) Policy B) Purpose C) Objective D) Intent 9-7-3 Definitions 9-7-4 Application of Provisions A) Applicability B) Existing Structures 9-7-5 Property Maintenance Code Adopted 9-7-6 Duties off Owners & Occupants A) Sanitation B) Removal of Waste Matter C) Appliances & Equipment D) Pest Extermination E) Heat F) Utilities G) Notice of Maximum Occupancy H) Transfer of Responsibility 9-7-7 Licensir�g of Rental Property A) Purpose & Scope B) IViinimum Standards C} License Required; Expiration D) License Fees E) Compliance with Provisions F) Conditions of Licensing G) Suspension, Revocation or Denial of License 9-7-E Rental Licensing Procedaare A) Application for License B) Inspecfiion Scheduling C} Inspecfions D} Compliance Orders E} Issuance F} Renewai 9-7-9 Minimum Requirements & Implementation Standards A) Minimum Requirements B) Implementation Standards 9-7-10Transfer of Ownership A) Ownership Transfer B) Rental Transfer 9-7-11 Hazardous Conditions; Built in Deficiencies A) Hazardous Conditions B) Built in Deficiencies 9-7-12 Structures Unfit for Human Occupancy or Use A} Inspections, Authority & Evidence B) Declaration of Unfit for Human Habitation C) Correction of Defective Conditions D) Securing of Unfit & Vacated Structures E) Declaration of Hazardous Building F) Compliance Order & Procedure 9-7-13Administration & Enforcement A) Administration & Enforcement Official B) Enforcement Procedures C) Compliance Orders D) Reports; Forms & Records 9-7-14Appeals A) Right of Appeals B) Stay of Proceedings C) Action of Appeal 9-7-1: SHORT TITLE: This Chapter may be cited as THE CITY OF COTTAGE GROVE STRUCTURE and PROPERTY MAINTENANCE CODE or THE STRUCTURE CODE . (1971 Code § 6-30) 9-7-2: POLICY; PURPOSE; O�JECI'I�/�; INTENT: A. Policy: It is the policy of the City to enhance the supply of safe, sanitary and adequate structures for its citizens and to prevent the deterioration of the existing structures in the City. B. Purpose: The purpose of this Chapter is to carry out the policy stated in subsection A o� 4his Section by establishing minimum standards and procedures for their enforcement consistent with the right to personal privacy, for the protection of life, limb, health, property, safety and welfare of the generai public and the owners and occupants of residentiai and non- residential buildings. C. Objective: The objectives of this code include, but are not limited to, the fo�lowing: 1. Protection and preservation of the stability and character of residential and non-residential areas within the City. 2. The prevention and correction of conditions that adversely affect the life, safety, health and general well-being of owners, operators and occupants of residentiai and non-residential structures in the City. 3. The establishment of minimum standards for Iight, space, ventilation, coofing, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for the safe and sanitary maintenance necessary to ensure the health and safety of owners, operators and occupants of residential and non-residential structures. 4. The establishment of minimum standards for the maintenance of residential and multi-family dwellings, both owner-occupied and non-owner occupied dwellings. 5. The establishment of minimum standards for the maintenance of non- residential structures. 6. The prevention of blighted and deteriorating structures in the City. 7. The preservation of the value of land and structures in the City. 8. The establishment of minimum standards for the licensing of single and multi-family non-owner occupied dwellings. D. Intent; Relation to City Code Provisions: The City Council intends that the structure code be an integral part of the City's program of health, safety, building and land use regulation. This code is to be construed liberally in conjunction with other provisions of the City Code to give effect to the policy, purpose and objectives of this Section, but is not to be construed to modify, amend or otherwise alter the provisions of the City Code relating to health, safety, structure or Iand use regulation. (1971 Code § 6-31; amd. 2000 Code) 9-7-3: DEFINITIONS: � Except as expressly provided in this code, words, terms and phrases used in this code have the msanings given them by the City Code. In cases where conflicting definitions of a word, term or phrase make its precise meaning unclear in its application to particular facts, the Gity Administrator is authorized to resolve the definition. For purposes of this code the terms defined in this Section have the meanings given them: BUILDtNG CODE; ZONING CODE: "Bui�ding code" means Title 9 of the City Code; "zoning code" means the Title 19 of the City Code. CODE OR THIS CODE; CIT1' CODE: "Code or this code" means the structure maintenance code; "City Code" means the Cottage Grove City Code of ordinances. COMMON AREAS: Halls, corridors, passageways, utility rooms, recreational/multi-use rooms, along with facility and yard areas not under the exciusive control of one person or family, in or adjacent to a multiple dwelling. DWELLING: A building or a portion of a building designed for residential occupancy. The term includes single family and multi-family dwellings, including hotels, motels and boarding houses. DWELLING UNIT: A. A single-family dweliing; and B. A discrete portion of a dweiling designed for occupancy by one family. HOUSING OFFICIAL: The Building Official or designee in the Department of Community Development Building Inspection Division and other City departments designated by the City Administrator to administer this code. LET: To rent, Iease or grant the use and possession of real property whether or not compensation is paid. MULTI-FAMILY DWELLING: Any residential structure designed to provide occupancy to more than one family unit. OWNER, OWNER-OPERATOR OR OPERATOR: Any person, firm or corporation who alone, jointly, or separately with others is in actual possession of or has charge, care or control of a dwelling or dwelling unit or structure in the City as owner, employee or agent of the owner or as trustee or guardian of the estate of the person who is the title holder, and such person is bound by the provisions of this code to the same extent as the owner. 5 RENTAL: A non-owner occupied single or multi-family dwelling or dwelling unit that i� let to a party other than the registered owner of the property. REPAIR: To restore to a sound, acceptable state of operation, serviceability or appearance. STRUCTURE: That which is built or constructed, an edifice or building of any kind, or any piece of work artificiaily built up or composed of parts joined together in some definite manner. (1971 Code § 6-33; amd. 2000 Code) 9-7-4: APPLICATION OF PROVISIONS: A. Applicability: This code applies to the principal structures, their premises, accessory structures thereto, and dwelling units therein, used or designed to be used for human habitation, occupation or storage. B. Existing Structures: 1. All structures must conform to this code. A buiiding need not be altered or changed to exceed the requirements of the Building Code in effect at the time of its construction, except in the following cases: a. If the structure is altered or enlarged pursuant to the State Building Code; b. If the structure is moved or relocated; c. If the structure is determined to be unsafe or hazardous by the Housing Officiai pursuant to the State Building Code or State law ; d. If a change in use has occurred. 2. Occupancy in structures Iawfully existing under the buiiding code may be continued under this code. (1971 Code § 6-34; amd. 2000 Code) •� • '•�. � s �: ,', ' y „ : � � . :� �.� � ` .. -� The International Property Maintenance Code, 2003 Edition, published by the International Conference of Building Officials, is, except as modified or amended herein, adopted by reference and is made a part of this code as if fully set out at length. One copy of the International Property Maintenance Code together with a copy of this code, each marked "Official Copy", musf be kept on file in the office of the Chief Buildmg Official and available for public inspection. The Buiiding Official must keep a reasonable number of additional copies of the International Praperty IVlaintenance Code and this code available for use and inspection by the public at reasonable times. . References to Plumbing, Mechanicai, Fire and Electrical codes shail be replaced by c�,�rrent Miranesota Stafe adapted Plumbing, .NlechanicaP, Fire and Electrical codes. 9-7-6: DUTIES OF OWNERS AND OCCUPANTS: A. Sanitation: 1. The occupant of a s4ructure must maintain their occupied part of the structure and yard in a clean and sanitary condition, and is responsible for the occupanYs own misuse of any common areas. 2. The owner or operator of a multi-family dwelling must maintain the shared or pubtic areas of the complex in a clean and sanitary cond€tion. 3. The occupant of a dwelling unit must keep all mechanical equipment and appliances, including furnace, water heater, plumbing fixtures, air conditioner, stove, refrigerator, dishwasher, and the like, in a clean and sanitary condition and is responsible for the exercise of reasonable care in their proper use and operation. B. Removai of Waste Matter: 1. The occupant of a structure must dispose of rubbish, debris, garbage and other organic waste in a clean and sanitary manner as provided by subsection 4-2-58 of the City Code. 2. The owner or operator of a multiple dwelling is responsible for the clean and sanitary maintenance of common storage or disposal facilities and must dispose of rubbish in a clean and sanitary manner as provided in subsection 4-2-58 of the City Code. C. Appliances and Equipment: The owner or operator of all structures must make all necessary provisions for the safe operation or repair of all faulty or inoperable mechanicai equipment and appiiances. This incBudes smoke detectors and carbon monoxide detectors. D. Pest Extermination: 1. The occupant or owner of a structure is responsible for the extermination of insects, vermin infestations or rodents on the premises. 2. The owner of any multi-family dwelling is responsible for such e�ctermination when in the opinion of the hiousing Official, the dwelling unit is infested or requires extermination. 3. After extermination, it is the r� responsibility of the owner to correct such maintenance or other problems as designated by the Housing Official to elirninate the source of the infestation. E. Heat: The owner or operator of a building containing one or more dwelling units must supply facilities capable of providing adequate heat to every habitable room therein; for the purposes of this subsection, "adequate heat" means heat sufficient to maintain a temperature of seventy degrees Fahrenheit (70°F) at a height of three feet (3') above the floor in all habitable rooms, bathrooms and water closet compartments. F. Utilities: Except as otherwise provided by law, an owner, operator or occupant may not cause service equipment or utility service that is required by this code to be removed, shut off or discontinued for any occupied structure let or occupied by that person, except for such temporary interruption as may be necessary while actual repairs or alterations are in process or during temporary emergencies. G. Notice of Maximum Occupancy: An owner or operator must advise the occupant, in writing, by insertion in the lease between the parties or otherwise, of the maximum number of occupants permitted. H. Transfer of Responsibility: A contract between owner and operator, operator and occupant, or owner and occupant, with regard to compliance with this code, does not relieve the owner or operator of a duty imposed by this code. (1971 Code § 6-35; amd. 2000 Code) 9-7-7: LICENSING OF RENTAL PROPERTY: A. Purpose and Scope: This Chapter is intended to provide standards for licensed rental housing and to allow resolution of complaints regarding licensed rental housing. Rental dwellings are required to conform to the requirements of this Chapter, without regard to when it was constructed, altered or repaired. B. Minimum Standards: This Chapter establishes minimum standards for maintaining rental dwellings, their accessory structures and related premises. C. License Required: Expiration: No person shall be aliowed to occupy or rent to another for occupancy any dwelling unit unless the owner has first obtained a rental dwelling license. This license shall be issued annually and shall expire on the 31 day of December of the year of issuance. D. License Fees: Rental dwelling owners shail pay an annual license fee as set by resolution adopted by the Cottage Grove City Council. License fees are due sixty (60) days prior to the license expiration date and are due upon the new rentals of a dwelling unit. The license fee is not refundable. E. Compiiance with Provisions: An operating license will not be issued or renewed unless the rental dwelling unit and it� prernises conform to this Chapter, the ordinances of the City and the laws of the State. F. Conditions of License: 1. Transfers: a. A license is nontransferable. b. The licensee must give notice in writing to the Housing Official within five (5) business days after having legally transferred or otherwise disposed of the effective control of licensed rental dwelling. The notice must include the name and address of the person succeeding to the ownership or control of the rental dwelling or dwellings. 2. Inspections: An operating license will not be issued or renewed unless the owner of the rental unit agrees in the application to permit inspections pursuant to subsection 9-7-88 & C. All inspections for the purpose of licensing shall be conducted on a biennial basis. 3. Posting of License: The owner of a building containing three (3) or more dwelling units must conspicuously post the current license in the main entryway or other conspicuous location in a frame with a glass or plastic cover. 4. Proof of �icense Required: Upon execution of a lease, the owner of a structure containing non-owner occupied dwelling units must furnish a copy of the current rental license to the occupant. 5. Failure to Provide Rental License Prohibited: It is unlawful for an owner to allow occupancy of a dwelling without providing to the occupant a copy of the rental license. A prospective tenant may not occupy a dwelling unit that is the subject of a compliance order until the corrective action has been compieted and approved. If the owner or buyer files an affidavit with the Housing Official setting forth the date by which the corrective action directed by the compliance order will be completed, occupancy is permitted pending compietion of the corrective action specified in the compliance order unless the dwelling unit has been declared unfit for human habitation. 6. Resident Agent Required: a. An operating license will not be issued or renewed for a nonresident owner of rental dwelling units (an owner who does not reside in any of the foilowing Minnesota counties: Hennepin, Ramsey, Anoka, Carver, Dakota, Scott or Washington) unless the owner designates in writing the name of a 0 resident agent (an agent who does reside in the following Minnesota counties: Hennepin, Ramsey, Anoka, Carver, Dakota, Scott or Washington) who is: (1) Responsible for maintenance and upkeep; (2) Legally constituted and empowered to receive service of notice of violation of the provisions of the City ordinances, to receive orders and to institute remedial action to effect such order; and (3) To accept service or process pursuant to law. b. The Housing Official must be notified in writing by the owner of a change of resident agent. (1971 Code § 6-38; amd. 2000 Code) G. Suspension, Revocation or Denial of License: 1. An operating license is subject to suspension, revocation, or denial by the Housing Official if the licensed owner fails to operate or maintain licensed rental dwellings and units therein consistent with this Chapter. 2. If an operating license is suspended, revoked or denied, it is unlawful for the owner to permit occupancy untii a valid operating license is issued by the City. 3. if compliance with the compliance order pursuant with this Chapter has not been completed by the licensing standards, the owner shall be sent by registered mail a notification of suspension, revocation, or denial. The notice shall include the foilowing: a. The Housing Official has determined that the dwelling fails to comply with the licensing standards in this Chapter; b. The specific reasons why the dweliing fails to meet the licensing standards, with copies of all compliance orders and any other pertinent correspondence; c. That the Flousing Official has referred the matter to the City Administrator, Mayor & Council with a recommendation to suspend, deny, or revoke the current license; d. That the City Council will suspend, deny, or revoke the current license unless the owner appeals the Council determination within fifteen (15) days after the receipt of the notice as specified in Section 9-7-14 of this Chapter; � e. That after the suspension, denial, or revocation, the dwelling may be ordered vacated upon determination that the dwelling is non-complian4 with the applicable standards 9-7-12 regarding hazardous/substandard housing, and shall not be reoccupied until a new license has been issued; f. A description of the procedure in which to file an appeal as specified in Section 9-7-14 of this Chapter; g. The deadline in which this dwelling shall be vacated; and h. That further information may be obtained upon request. 4. The Housing Official shall post notification of the current status on the dwelling in a conspicuous area. 9-7-8: RENTAL LICENSING PROCEDURE: A. Application for License: 1. Applications for a Rental License must be signed by the dwelling owner or owner's agent. Application forms are filed with the Housing Official. The application must supply: a. The name, address and telephone number of the dwelling owner, owning partners if partnership, corporate officers if a corporation; b. The name, address and telephone number of the designated resident agent, if any; c. The legal address or parcel number of the dwelling; d. The number of dweliing units within the dweliing; and e. The description of the procedure by which tenant inquiries and complaints are to be processed. 2. The licensee must give notice in writing to the Fiausing Officiai within five (5) business days after any change of the information in the application. Notice of transfer of ownership is governed by subsection 9-7-10 of this Chapter. B. Inspection Scheduling: 1. The owner or the owner's agent is responsible for scheduling all required inspections with the �uilding Department staff. 11 2. If an owner or the owner's agent in charge of a dwelling unit licensed under this Seetion fails to schedule a required inspecfion within 7 days of the rental license application receipting, the Housing Official may suspend, revoke or deny the Bicense per Section 9-7-7G or may issue administra4ive penalties as described in Title1, Chapter 4 of this city code. (1971 Code § 6- 38; amd C. Inspections: 1. Except in the case of emergency, inspections must be conducted during normal City working hours. The Flousing Official must present evidence of official authority to the occupant in charge of a licensed dwelling unit. (Ord. 668, 7-21-1999) 2. If an owner, occupant or the owner's agent in charge of a dwelling unit licensed under this Section fails or refuses to permit free access and entry for inspection purposes, the Housing Official may administer re-inspection fees or may suspend, revoke or deny the license per Section 9-7-7G or may issue administrative penalties as described in Title1, Chapter 4 of this city code. D. Compliance orders: 1. A compiiance order documenting corrective actions with a 15 day compliance date wilB be sent to the owner within 15 days of the inspection as required. The owner is responsible for assuring the proper corrective actions are identified by the compliance order. The owner is responsible for assuring aIi corrective actions are made by the compiiance date and a re-inspection is scheduled. 2. If an owner or the owner's agent in charge of a dwelling unit licensed under this Section fails to make corrective actions listed in the compliance order or fails to schedule a re-inspection by the compliance date, the Housing Official may suspend, revoke or deny the license per Section 9-7-7G or may issue administrative penaities as described in Titie1, Chapter 4 of this city code or administer abatement as described in Title 4, Chapter 1 of this city code,. (1971 Code § 6-38; amd E. Issuance: The Housing Official must issue a rental license to the owner within fifteen (15) days after gaining access to the interior of all structures on the subject property when: a. The owner or the owner's authorized agent has scheduled an inspection with the Building Department staff, giving consent to such inspection, and the owner or owner's agent has agreed to a time during normal City working hours at which the subject property wiBi be available for inspection. 12 b. The Housing Official has inspected the structure and property and has not found any conditions which are in violatian of the City Code. F. Renewal: 1. An application for license renewal must be filed at least sixty (60) days prior to the license expiration date. 2. Upon failure to comply with this provision, a Better will be sent to the owner informing them that a Bate fee equal to fifty percent (50%) of the annual renewal fee is due in addition to the annual renewal registration fee within fifteen (15) calendar days. The letter wili also inform the owner that iP the Iate fee and renewal fee are not received after fifteen (15) days, the rental property wili be assessed for the renewal and late fee. 9-7-9: MINIMUM REQUIREMENTS AND IMPLEMENTATION STANDARDS; A. Minimum Requirements: The minimum requirements imposed by this code include those standards or requirements in effect on the date of the construction of a building subject to this code. It is not the intention of this code to require aIl buildings to be upgraded to meet all requirements of the present building code. B. Implementation Standards: In administering this code, the Housing Official will treat the following as conditions constituting an immediate hazard to health and safety and must be corrected by the compliance date stated in the compliance order: 1. Smoke & Carbon Monoxide detectors sha(I be required as follows: a. One smoke detector shall be installed in each sleeping room. b. One smoke detector shall be installed on each Bevel near the sie2ping rooms and stairways. AII battery operated smoke detectors shall be installed as per the manufacturer's instructions. During any remodeling, (excluding minor remodeling as determined by the Housing Official) all smoke detectors shail be hardwired and irrferconnected. c. Effective August 1, 2008, ali existing single famiiy dwellings shali be equipped with an approved Carbon Manoxide detec4or located within 10 feet of each sleeping room. d. Effective August 1, 2009, all multifamily or apartment dwelling units shafl be equipped with an approved Carbon Monoxide detector located within 10 feet of each sleeping room. 13 Exception: Multifamily dwellings may have approved and operational carbon monoxide alarms installed between 15 and 25 feet of carbon monoxide producing central fixtures provided there is a centralized alarm system or o4her mechanism for responsible parties ta hear the alarm at all times. 2. Heating systems, dryer venting, wood burning stoves, fireplaces and oil burners that are unsafe due to: burned out or rusted heat exchangers (fire box), burned out, rusted or plugged flues or drip tees, improper fiue pitch, improper flue clearances, improper venting, improper gas piping or gas valve installation or being incapable of adequately heating the living space. 3. Dryer exhaust ducts shall be metaf and instalied per the current Mechanical Code. 4. Electrical systems that are unsafe due to: expased busbar at panei, dangerous overloading, damaged or deteriorated equipment, improperly tapped or spliced wiring, exposed un-insulated wires, distribution systems of extension cords or other temporary methods, and ungrounded systems. Ground-fault circuit-interrupter (GFCI) protection must be provided for all receptacle outlets in bathrooms, garages, grade level portions of unfinished accessory buildings, unfinished basements, kitchen counter tops, wet bars and the exterior. 5. Plumbing systems that are unsafe or unsanitary due to: leaking or improper waste and venting of fixtures and traps, lack of water closet or washing and bathing facilities, or cross-connection of the potable water supply. Ali potable water systems shall be protected against backfiow and back siphonage by providing an air gap and/or backflow prevention. Water heaters that are unsafe due to: burned or rusfed heat exchangers (fire box}, burned, rusted, improper�y pitched or piugged venting, improper f(ue clearance, leaking tanks, improper gas piping, or gas valve installation or leaking/corroded connections and temperaturelpressure reBief valves. 6. Structural systems, walis, chimneys, ceilings, roofs, foundations and fioor systems that will not safely carry imposed loads. 7. Refuse, garbage, human and animal waste, decaying vermin or other dead animals, and other materials rendering the dwelling and property i� unsanitary for human occupancy or use. 8. Infestation of rats, insects and other vermin. 9. Stairways, guardrails and handrails shall be rrraintained in a safe compliant manner. Should corrective measures be required, alI aifected components shall be repaired compliant with current codes and standards 14 10. Below grade escape wells: Below grade escape welis shall be free of �bsiructions, constructed and mairatained in a safe and code compliant manner. Window wells with a vertical depth greater than 44" below adjacent ground level shall be equipped with a permanently affixed ladder or steps usable with the window in the fully apen position. 11. Foundation: The foundation shall be substantially watertight and protected against vermin and rodents and shall be kept in sound condition and repair. Tne foundation element shall adequately support the building at aIl points. 12. Sidewalks, stoop and concrete steps shall be maintained free of large cracks and breaks. Ail exterior concrete snali pitch away from the structure. 13. Exterior Walls, Soffit & Fascia and Roof: The exterior walls and roof shall be substantially watertight and protected against vermin and rodents and shall be kept in sound condition and repair. Every exterior wall shall be free of deterioration, holes, breaks, loose or rotting boards or timbers, and any other condition, which might allow water intrusion within the interior portion of the walls or to the exterior spaces of the structure. The roof shall be tight and have no defects, which allow water intrusion. Roof drainage shall be adequate to prevent moisture from causing dampness within the walls. All e�erior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by paint ar other protective cavering or treatment. 14. Exterior poors, Windows, and Insect Screens: Every window, exterior door and other exterior opening shall be substantially tight and shall be kept in sound condition and repair. Every operable window shall be capable of being easily opened. Every window, door, and frame shall be to completely exclude water intrusion, wind, vermin, and rodents from entering the building. Insect screens shall be installed on all operable windows and shall be maintained in a sound condition and repair. Garages, attached or detached, shall have a fully operational overhead or barn-type door which must be kept in sound condi4ion and repair. 15. Yards: All trees, shrubs and brush growing against any building or fence which represents a hazard to the structural integrity of any structure shali be removed or trimmed to prevent damage. All yards shail be maintained so as not to affect the character of the immediate residential area. (1971 Code § 6- 39; amd. 2000 Code) 16. Grading and Drainage. A!I premises shall be graded and maintained to prevent the erosion of soii and fo prevent the accumulation of stagnant water. All surface water shall drain away from the foundation waBls of all dweliings. Damaged gutters and dawnspouts shall be repaired or remaved. 15 9-7-10: TRANSFER OF OWNERSHIP: A. Ownership Transfer: It is unlawful for the owner of a structure, dwelling, dwelling unit or rooming unit upon whom a compliance order has been served to sell, transfer, mortgage, lease or otherwise dispose of the structure, dwelling, dwelling unit or rooming unit to another person until the compliance order has been sa4isfied, unless the owner furnishes to the grantee, Iessee or mortgagee a true copy of any notice of violation or compliance order and obtains and possesses a receipt of acknowledgement. A person obtaining an interest in the dwelling, dwelling unit or rooming unit who has received notice of the exisfence of a compliance order is bound by the order without further notice and is subject to the penalties and procedures provided by this Chapter. (1971 Code § 6-44) B. Rental Transfer: The licensee must give notice in writing to the Housing Officiai within five (5) business days after having �ega�ly transferred or otherwise disposed of the effective control of Iicensed rental dwelling. The notice must include the name and address of the person succeeding to the ownership or control of the rental dwelling or dwellings. 9-7-11: HAZARDOUS CONDIT(ONS; BUILT- IN DEFICIENCIES: A. Hazardous Conditions: If the Housing Official determines that a condition within a building exists that constitutes an immediate hazard as defined in Minnesota Statutes, the Housing Officiai may: 1. Issue a compliance order requiring immediate compliance if the condition can reasonably be corrected; 2. Proceed against the building pursuant to applicable State laws relating to hazardous or unsafe structures; or 3. Recommend that the City Council proceed to correct the condition by abating it as a nuisance under Minnesota Statutes, and this clause is to be construed as authorizing the imposition and billing of charges for the cost thereof and the assessment of unpaid charges against the property on which the building is located in the manner provided by current Minnesota Statutes. B. Built-In Deficiencies: It is determined that certain conditions within existing buildings, lawful at the time of the construction of the building, may not comply with the minimum requirements of this code. Such conditions are herein referred to as built-in deficiencies, and the Housing Official, in administering this code, must consider the following built-in deficiencies as being beyond reasonable correction: 1. Ceiling Heights: An existing habitable room with less than a seven foot six inch (7'6") ceiling height. 16 2. Superficial Floor Area: An existing habitable room of less than seventy (70) square feet. 3. Natural �ight and Ventilation: An existing habitable room with window area less than-ten percent (10°/o) of the floor area; provided, however, that in no case may the required area of light and ventilation be less than five percent (5%) of the floor area. (1971 Code § 6-41; amd. 2000 Code) 9-7-12: Sl"�2t1�'TttE2ES UNFIT FOR OCCU�AIVGY OR t1SE 41 : A. Inspections, Authority; Evidence: Except in the case of emergency, inspections must be conducted during reasonable hours. The Housing Official must present evidence of authority to the owner or occupant in charge of a dwelling unit. Subject to the provisions of Iaw, the Housing Official must keep evidence, exclusive of the inspection records, discovered or obtained in the course of an inspection confidential. B. Unfit for Human Occupancy or Use: A structure, dwelling, dwelling unit, rooming unit or portion thereof that is damaged, decayed, dilapidated, unsanitary, unsafe, vermin or rodent infested, deemed a fire hazard or which lacks provision for basic illumination, ventilation or unsanitary facilities to the extent that the defects create a hazard to the health, safety and welfare of the occupants or of the public may be deciared unfit for human occupancy or use. If a structure, dwelling, dwelling unit or rooming unit has been declared unfit for occupancy or use, the Housing Official must order the same vacated within a reasonable time and post a piacard indicating that it is unfit for occupancy or use. If a rental license had previously been issued for such structure or dwelling, the rental license will be revoked pursuant to subsection 9-7-7G of this Chapter. C. Correction of Defective Conditions: It is unlawful for a structure, dwelling, dwelling unit or rooming unit or portion thereof to be used for occupancy or use until the defective conditions have been corrected and written approval has been issued by the Housing Officiai. It is uniawful to deface or remove the declaration placard from a structure, dweiling, dwelling unit or rooming unit. D. Securing Unfit and Vacant Structures: The owner of a s4ructure, dwelling, dwelling unit, or rooming unit that has been deciared unfit for occupancy or use or that is othervuise vacant for a period of sixty (60) days or more must 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. A vacant structure open at doors, windows, or wall opening, if unguarded, is deemed to be a hazard to the health, safety and welfare of the public and a public nuisance within the meaning of this section. 17 E. Declaration of Hazardous Building: If a structure has been declared unfit for occupancy or use and the owner has not remedied the defects within a prescribed reasonable time, the structure may be declared a hazardous buiiding and may be removed, razed or corrected pursuant to the provisions of Minnesota Statutes sections 463.15 and 463.26. F. Compliance Order and Procedure: If the Housing Official determines that a structure, rentai dwelling, rentai dwelling unit or rooming unit or portion thereof is deemed unfit for occupancy or use, the Housing Official may issue a compliance order setting forth the violations of such and ordering the owner occupant, operator or agent to correct such violation. The compliance order must: 1. Be in writing; 2. Describe the location and nature of the violations of this Section; 3. Establish a reasonable time for the correction of the violation and notify the owner of appeal procedures; 4. Be served upon the owner, owner's agent, or the occupant, as the case may be. The notice is deemed to be properiy served upon owner or agent, or upon any such occupant, if a copy thereof is: a. Served upon the owner or agent; or b. Sent by registered maii to the owner or agenYs last known address; or c. Upon failure to effect notice through subsection F4a or F4b above, service may be made pursuant to Minnesota Statutes section 463.17, subdivision 2, which reads as foliows: 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, and upon the occupying tenant, if there is one, and upon all lien holders of record, in the manner provided for service of a summons in a civil action. If the owner cannot be found, the order shail be served upon the owner by posting if at the main entrance to the building and by four weeks' publication in the official newspaper of the municipality if it has one, othervvise in a legal newspaper in the County,• or d. Pursuant to Minnesota Statutes section 145A.04. (1971 Code § 6-42; arnd. 2000 Code) 9-7-13: ADMINISTRATION & ENFORCEMENT: � A. Administration and Enforcement Official: The Community Development Director is responsible for the administration and enforcernent of this code and the supervision of the Nousing Official. The Housing Official administers and enforces the provisions of this Chapter. B. Enforcement Procedures: The Flousing Official may inspect on complaint, change in ownership, or otherwise when reason exists to believe that a violation of this Chapter has been or is being committed. (1971 Code § 6-37; amd. 2000 Code} C. Compliance Orders: 1. When the Nousing Official determines that there has been a violation of this Chapter, a compliance order listing corrective actions will be submitted to the owner or agent within 15 working days of the inspection date. Depending upon the severity of the violation, compBiance with the correction action may be required within 30 days. 2. Failure Yo correct the violation will result in any of the following actions as determined appropriate by the Housing Official: administrative penalties as described in Title 1, Chapter 4 of this city code or abatement as described in Title 4, Chapter 1 of this city code. D. Reports; Forms; Records: 1. The Housing Official must prepare forms and certificates necessary to carry out the provisions of this code. 2. The Housing Official must design appropriate systems of accumulating or organizing and cataloging data relating to the rental licensing standards and housing conditions of residentiai housing in the City and must report on these matters from time to time to the EDA at its request. The Housing Official's report must also contain recommendations for modifications in the provisions of this code and its administration. (1971 Code § 6-40; amd. 2000 Code) E. Violations: It is unlawful to erect, construct, enlarge, alter, repair, move, improve, equip, use, occupy or maintain any building or structure within the City contrary to the provisions of this code. Failure to comply with a lawfully issued compliance order is a violation of this code. (1971 Code § 6-45) 9-7-14: APPEALS: A. Right Of Appeal; Procedure: When it is alleged by a person to whom a compiiance order is directed that the compliance order is based upon erroneous interpretation of this Chapter or upon a misstatement or mistake of 19 fact, that person may appeal the compliance order to the City Administrator or tris/her designee. The appeal: 1. Must be in writing; 2. Must specify the grounds for the appeai; and 3. Must be filed with the Housing Official within five (5) business days after service of the compliance order. B. Stay of Proceedings: The filing of an appeal stays proceedings in furtherance of the action appealed, unless such a stay in the judgment of the Housing Official would cause imminent peril to Iife, health or property. C. Action on Appeal: The City Administrator or designee must act promptly on the Housing Official's recommendation, and the Housing Official's recommendation may be reversed, modified or affirmed in whole or in part by the City Administrator. The City Administrator's disposition of the appeal is finai. (1971 Code § 6-43; amd. 2000 Code)