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Ordinance No. 0747 03-22-1982� �v ( ? � 0�2UI7AN[3: ND. 747 ��•.� � n • � � �• � •��' 1 } 1• ��� •���• li 7i• 1 } i� ' I�y .�� ..��... � � �• 1 N � •� r. �} . M' •��' THE CITY ODUNCIL OF 7HE CITY OF FRIDLEY DOFS OImAIN AS FOI,i,dWS: 220.01 TP17� This Chapter shall be referred to as the "Residential Rental Property and Condominium Conmion Area Nlaintenance Code".(Ref. 747) 220.02 P4Fnuero It is hereby found and declared that impaired and ene[gy inePficient structures harbor oonditions detrimental to the public health, safety and general welfare of the public. it is also found that impaired and energy inefficient structures exist within the City becaUSe of faulty design or construction; failure to keep th�n in a proper state of repair; lack of adequate lighting or ventilation; inability to be properly heated, improper sanagenent; or any combination of these factors. Zt is declared that the improvement of img�ired and esergy inefficient structures and the prevention of the occurrence of impaired and enecgy inef�icient structures in the future is in the best interest of the citizens of the City. 220.03 90DPE The provisions of this chapter shall apply uniformly to the maintenance, reg�ir, equipment, use and occug�ncy of all existing residential rental properties and condominium common areas within the City. This chapter shall apply to lw ilding ca3es in effect at the time of the issuance of the building permit. i �• •�•r�,� The purpose of this chapter fs to maintain and improve the City's sanitation, Fx�blic health, attractiveness and to protect and promote the general welfare of the public by legislation which shall be syst�natically enfoeced upon all residential rental ptoperty and condominium common areas, General objectives are: 1. 7b protect the character and stability of residential areas within ti�e City. 2. To corcect and prevent conditions that adversely arfect or are likely to adversely affect the health. safety and general welfare, of persons renting residential properties within the City. 3. To provide for sound maintenance of heating, sanitary, electrical and ventilation systens necessary to piotect the health, safety and general welfare of persons renting residential properties within the City. 4. To provide basic requirements for the maintenance oi existfng residential rental properties and condominiinn cmmnon areas. 5. To preserve the value of land and structures throughout the City. � ' 1 220.05 For the purpose of this chapter certain terms and words are defined. Words not specifically defined in this chapter shall have the common definition set forth in a standard dictionary. The following words are r3efined as follows: 1. APPROVID shall mean approved as to construction, installation and maintenance in accordance with applicable statutes of the State of Minnesota, and the provisions of this Code. � 2. BASEMENT shall mean that portion of a building between floor and ceiling which is �rtly below grade, but so located that the vertical distance from grade to floor below is less than the vertical distance from - grade to ceiling. ( 3. BIDRO(Ri shall mean a habitable roan within a dwelling unit which is used, or intended to be usec]p primarily for the purpose of sleeping, but shall not include any kitchen or dining area. 4. CLEAN shall mean the absence of rubbish, gacbage, vermin and other unsightly, offensive or extraneous matter. 5. CONDOMINIUM shall mean a multiple dwelling in which portions are designated for separate ownership and the remainder of which is designated for couanon awnership solely by the amers of tl�ose portions. A multiple dwellin9 is not a condomini�un unless the im divided interests in the co�mnon elanents are vested in the unit amers. 6. DWELLING shall mean a structure or portion thereof designed exclusively for residential occupancy including one-family, two-fainily and multiple dwellings, but not including hotels, motels, boarding and lodying houses. 7. Ix+�M�LING UNIT shall mean a single unit pxoviding complete independent living facilities for one or mare persons including permanent provisions � for living, sleeping, eating, cooking and sanitation. B. FASILY CLF�INABLE shall mean readily accessible and of such material and finish, and so fabricated and placed that residue which may acc�unulate can be completely rESnoved by normal cleaning methods. 9. ELECTRICAL SYSTEM shall mean and include any and all methods oY transmitting electricity to and within any dwelling or dwelling �mit. 10. IXIT shall mean a continuous and unobstructed means of egress to a public way and shall include intervening doors, doorways, corridors. � ramps, stairways, smokeproof enclosures. horizontal exits, exit passageways, exit courts and yards. 11. �TERMINATION shall mean the control and destruction of insects, rodents, vermin or other pests. 12. E'[JNCPIONING shall mean in such physical condition as to safely perform the service or services for which an item is desi9ned or intended, 13. HABITABLE ROOM shall mean a room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes; excluding bathroans, watet closet compartments, laundries, furnace rooms, unfinished basements, pantries, utility rooms, foyers, communicating corridors, stairways, closets, storage spaces and attics. � 14. HEATING, VENTILATING AND AIR CONDITIONING SYSTEMS shall mean and include 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. . 15. INF'ESPATION shall mean the presence within or around a dwellin9 or dwelling unit of any insect, rod�t, vennin or other pests. 16. ..���,r,..� si,ull mea�� a i�abitable roan within a dwelling unit intended to be used for the cooking of food or the preparation of ineals. ♦ �� �. �� vv 17. LIVING R70M shall mean a habitable room within a dwelling unit which is intended to be used primarily for general living purposes. 1B. MAIN1'E�IANCE shall mean to keep in a good state of reg3ir; to preserve fran deterioration. 19. MULTIPLE DWII,LING shall mean any dwelling or structure containing therein two or more dwelling units whether used solely or exclusively for residential purposes. 20. MULTIPLE OCCUPANCY shall mean the occupancy of a structure that suppoets, shelters or encloses mo�e than one distinct use. 21. NON-COT�IDUSPIBLE shall mean any material or a combination of materials which complies with Section 415 of the 1979 UEC. � 22. OCCUPANCY shall mean the purpose for which a structure, or part thereof, is used or intended to be used. 23. OCCUPANT shall mean any person residing in a dwelling or dwelling unit. 24. OPERA�R shall mean any person who has charge, care or control oi a structure, or g�rt thereof, in which condomini�uns exist or rental dwelling units are let. , " 25, qaNER shall mean any person, firm, corporation, agent or condominium association wha alone, jointly or severally with others shall be in actual possession of, or have charge, care or wntrol of any dwelling, dwelling unit or condominium within the City. � 26. PF.R�SOfI shall mean a natural person, that person's heirs, executors, administrators or assigns, and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid. 27. PLUMBING SYSrEM shall mean and include all potable water supplies and distribution pipes; all waste fixtures, traps, drainage and vent pipes, and all building drains; and including the respective joints, connections, devices and appurtenances within the propetty lines and shall include - potable water treatment or using equipment. 28. PROPERTY shall mean all land and structures and systems therein, platted lots or parts theceof or an unplatted parcel of land. 29. PRpPER O�NNT��CPION 70 AN APPRWID SEWER SYSTII�1 shall mean a functioning sewer connection free from defects, leaks or obstructions with sufficient capacity to drain al.l fixtures or agpliances which feed into it. The sewer system, be it municig3l or private, must be capable of disposing of sewage in a safe, sanitary and adequate manner. 30. PROPER CONNDCPION 'IC) AN APPRCNID WATER SXSTEM shall mean a functioning plumbing connection free from defects, leaks or obstructions providing a potable, controllable flow of water. 31. PUBLIC AREAS shall mean those areas which are normally used by or apen ( to the general public. 32. REASONABLE CARE shall refer to the treatment of all facilities, fixtt�res, er;ui�ent and structural elements such that depreciation of these objects ard materials is due to their age and normal wear rather than due to neglect. 33. REFUSE shall mean all solid waste products or those having the � character of solids rather than Iiquids; in that they will not flow readily without additional liquid and which are composed wholly or partly of such �terials as garbage, swill, sweepings, cleanings, trash, rubbish, litter, industrial solid wastes or domestic solid wastes, organic wastes or residue of aninals sold as meat, fruit or othet vegetable or animal matter from kitchen, dinirx; room, market, food eskablishment of any places dealing in or handling meat, fawZ, grain or vegetables; offal, animal excreta or the carcass of at�iY��ais; tree or shrub trimmings; grass clippings, brick, plaster or other waste matter resulting from the demolition, alteration or construction of buildings or structuces; acc�ulated waste materials, cans, containers, tires, junk or other such substance which may become a nuisance. / 34. REPAIR shall mean to restore to a sound an� acceptable state of operation, serviceability or appearance in the determination of the City. 35. RODFS]T HP.RBORAGE shall mean any place where rodents live, nest or seek shelter. 36. SAFE shall mean the wndition of being free from danger and hazards which may cause accidents or disease. C 37. STRUCP[JRE shall mean anything constructed or erected having location on or under the 9round or attached to something having location on or under the ground. � 3B. UNSAFE shall mean, as applied to a structure, a condition or combination of conditions which are dangerous or hazardous to persons or property. 39. UNSANITARY shall mean conditions which are dan9erous or hazardous to the health of persons, 40. USE shall mean the purpose or activity for which the land or structure is designated, ar intended, or far which it is occupied, utilized, or maintained, and shall include tl�e performance of such activity as defined by the perfoxmancy standards of this chapter. 41. WATER CIASET shall mean a toilet, with a bowl and trag made in one piece, which is connected to the City water and sewer system or other approved water supply and sewer systen. � 220.06 BASIC REQUIRF7�7I'S PERTAII�TIt+�', '10 TEE MJIZNTENANCE OF RESIDEN'I'IAL RENPAL PROPEFlPY AND ODrIDOMII�Y[44 COt��ON ARFAS - 220.061 Responsibility of OWners The owner of a dwelling or dwelling unit shall be cesponsible for the l maintenance of that structure and for meeting the provisions of this chapter. Those responsibilities may not be abrogated by a private � agreenent, 220.062 Rc�naval of Basic f7quipment or Facilities � � f No owner, agent, operator or occupant shall cause any facility or equiFxnent which is required under this chapter, to be removed fram 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 energencies. 220.063 PRdVISION AtID 1+T7�I27PFY�NCE OF BASIC SEftVICES At�ID VPILl'1'IFS 1. Plwnbing, Heating, Ventilating and Electrical Services: Ebery owner shall be responsible for providing and maintaining, in a safe, good working condition, all the plumbing, heating, ventilating and electrical services to and throughout each dwelling or dwelling unit. 2. Minimum Plumbing Standards: All plumbing in every dwelling or dwelling unit shall be properly installed and maintained in a sanitary, safe and functioning condition, and shall be properly connected to an approved water and sewer system. 3. Minimum Aeating Standards: A. All dwellings shall have primary heating facilities which are properly installed and maintained in a safe, good working condition and which are capable of safely maintaining a minimum indoor te�ngerature of 68�F, at an outside temperature of -20� F. at 36 inches above the floor in all habitable rooms, bathtooms and water closet compartments in every dwelling �it located tl�erein. J eJ � (; �r B. Gas or electric appliances desiqned specifically for cooking or water heating purposes or portable heating equipment shall not be consideced as primary heating facilities within the meaning of this section. C. No owner or occupant shall install, r�perate or use a heatec .�np1..1ing u flame that is ��ot installed and maintained in accordance with manufacturers specifications and applicable City and State Codes. D. Whenever the occupant lacks direct wntrol over the supplied heat to a dwelling unit, it shall be the responsibility of the owner to maintain minimum heating standards as set forth above. E. When facilities for interior climate control (heating, cooling and/oz humidity control) are integral functions of sttuctures containing dwelling units, it shall be the responsibility of the owner that such facilities are maintained and operated in a continuous manner and in accordance with the designed capacity of the installed equipment. 4. Minim�un Electrical Standards: Ewery dwelling or dwelling unit and all public and common areas supplied with electrical service, functioning overcurrent protection devices, electric outlets and electric fixtures shall be maintained in a good and safe working con8ition and shall be connected to a source of electric power in a manner prescribed by the ordinances, rules and regulations of the City and the laws of the State of Minnesota. � i.• •• ro-is •• r.� 9�• M" 1. Ritchen Facilities: Ritchen Facilities in every dwelling unit shall be maintained in the following manner: A. A kitchen sink shall be in 9ood repair, in good working condition and properly connected to an approved water supply system which provides at all times potable, heated and unheated running water under pressure, and which is oonnected to an appcoved sewer systan. B. Cabinets, shelves, counters and/or tables shall be in good repair, of so�nd construction and furnished with surfaces that are easiiy cleanable and that will not impart any toxic or deleterious effect on food. C, A stove or similar device for cooking food and a refrigerator or similar device for the safe storage of food, shall be provided and properly maintained with all necessary connections for a safe, sanitary and efficient operation. 2. Windows, Doors and Screens: A, Every windaa, exterior door ar�d hatchway shall be substantially tight, caulked and weatherstripped and shall be kept in sound condition and qood repair, B. EVery window, othe� than a fixed window o� stonn window, shall be cap3ble of being easily opes�ed, C. Any openable window, sliding glass door or storm-door, when present, shall be providec3 and maintainec3 with sereens that are tight fittirag and without holes. 3. Minimum Water Aeating Standards: Every dwelling shall have water heating facilities which are instalied in an approved manner; are maintained and operated in a safe and good working condition; and are properly connected with watez lines which provide every dwelling unit with an adequate supply of water heated to a minimum te�nperature of 120� F. � � � 4. Units at or Below Grade: A. All windows located at or near ground level used or intended to be used for ventilation; all other openings located at or near ground lev^�� ana all exter�Qr doe�ways which might provide an entty for any insects, rodents, vermin or other pests shall be supplied with adequate screens or such other devices that wi11 prevent their entrance into the structure. B. All sewers, pipes, drains, vents or wnduits and openings around then shall be constructed to prevent the entrance of any insects, � rodents, vecmin or other pests into the structure. C. Floors, basements and other areas in contact with the soil shall be Lodent-proofed to prevent the entrance of rodents into the structure. 5. Floors, Walls and Ceilings: Every floor, wall and ceiling shal! be kept in sound condition and good repair. E�ery floor shall be free of loose, warped, protruding or rotted flooring materials. Every �+*all and ceiling shall be free of holes, large cracks, loose plaster and shail be maintained in a tight weatherproof condition. 6. Stainaays, Porches and Balconies: Every stairway, inside or outside of a dwelling and every porch or balcony, shall be kept in a safe condition and in good repair. 7. Door Locks and Security: All doors leadin9 to public or shared areas fran all dwelling units shall be provided with a single cylinder dea�olt Iock. which must be cag3ble of being locked from the exterior of said unit. For the purpose of this section a"deacmolt lock" is a locking bolt, which, when in the locked � position, can only be moved positively by turning a knob� key or sliding bolt. Deacibolt locks having a bolt moved hy turning a key shall be of the five-pin tumblec type or an approved equivalent. Lock thraa sha11 be not less than thcee-quarters inch (3/4"). Locks shall meet the requirements of the 1979 UBC Section 3303 (c). B. Illumination of Public Halls and Stairways: Every public hall and stainaay in every residential rental dwel]ing and condominium shall be adequately lighted by natural or electric light at all times so as to provide effective illumination in all parts thereof. EVery public hall and stairway in dwellings oontaining not more than two dwelling units may be supplied with con�eniently located light switches, controlling an adequate lighting system which may be turned on when needed, ins�ead of fu12-time Iighting. 9. Facilities for Storaqe and Disposal of Refuse: �ery aaner of a residential rental property shall be responsible for providing and maintaining facilities for the storage and disposal of refuse and for arranging for the weekly collection of this material. 10. Rodent Harborages in Occupiec3 Areas: It shall be the responsibility of the owner of a dwelling to prevent the � formation of rodent i�aeborages in or aba�t the pr�nises. It shall further be the responsibility of said awner to prevent the storage of materials that may serve as food for rodents in a manner that is accessible to rodents. 11. Znfestation Extermination: The amer of a dwelling shall be responsible �or the extermination of any infestations on the premises. �� � � M1 12. Snow Renoval: The amer of a dwelling shall be responsible for cleaning and maintaining all walks, drives and steps free of any ice or any snavr accianulations of 2 or more inches within 24 hours of the stoxms c3ompletion. 1 .� 1b�1i� U�:•!/' o-y � D. y� yY:.:�K ::�.� 1. All c3wellings wnstructec3 prior to January 1, 1976, which are renter occupied during all or a portion of the months of November through April shall be in canpliance with the Minnesota Energy Agency mandatory energy efficie�cy standards as enumerated in 6 MCAR Section 2.2503 Subdivision B, 1& 2 which are listed below: A. Install weatherstripping betwePS� exterior operable window sash � and frames and between exterior doors and frames. Weatherstripping is not required on storm c3oors or storm windaws. 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 penetzations for utility services through wa21s, floors and roofs and all other openings in the exterior �velope. 2. EPfective July 1, 1983, all dwellings constructed prior to January 1, 1976, which are renter occupiec3 during all or a portion of the months of Novenber through April shall be in campliance with the Minnesota Energy Agency mandatory ene�gy efficiency standards as enumerated in 6 MCAR Section 2.25D3 Subdivision B, 3-B which are listed below: A. Install stoim windows on all single glazed exterior window units enclosing wnditionec3 space. '. B. Install storm doors on all exterior door openings into conditioned sg3ces unless a single door, enclosed porch, vestibule or other appurtenance pravides a double door effect or provides an "R" value of 2 or more. C, Install positive shut-offs ior all fireplaces or fireplace � stoves, unless an existing damper provides a positive shut-off. D. 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 recommenaation by the City shall be based on installing insulation to fil! the available space, providing for appropriate ventilation. E. Install insulation in all accessible rim joist areas to achieve minimum total "R" value of the insulation of R-11. if there is insufficient space for the installation of the recormnended "R" value, then the recommendation by the City shall be based on installing insulation to fill the available space. F, 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 in a substantial portion of the exterior walls or floors over an unconditioned space. Accessible walls shall include above grade foundation walls of iaasemcnts or crawl spsces. If i:here is insufficient space for the installation o£ the recommended "R" value, then the recommendation by the City shall be based on installing insulation to fill the available space. 3. Compliance with the �ergy ef-ficiency standards shall be mandatory � unless proven to be economically in feasible in accordance with Minnesota Statutes 116H.129. f � � 22o.os �7�e �r,�, st►�rsr � c��nr, w�ea[� eAZn�s '� `' Y'he following are considered inonediate hazards to the health, safety and general welfaie of the occugsnt: 1. Heatin9 systans that are im safe due to: burned out or n�sted out heat exchangers (fire box); burneu ou�, rusLrd oui or p�agged flues; not being properly vented; being connected with unsafe gas piping; or failing to meet the minimum heating standards set forth in Section 220.063, Slibdivision 3. 2. Water heaters that are imsafe 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 lack of a p�operly installed and maintained te�mperature and pressure relief valve. 3. Electrical syst�ns that are unsafe due to: dangerous overloading; damaged or deteriorated equignent; improperly taped or spliced wiring; e�cposed uninsulated wires; distribution systems of extension cords or other tesnporary methods; ungrounded syst�ns or appliances. - 4. Plumbing systems that are imsanitary due to: sewer backups; leaking waste system fixtures and traps; lack of watec closet; lack of washing and bathing facilities; or ccoss oonnection of potable water supply and sewage lines. 5. Structural systens, walls, chimneys, ceilings, roofs, foundations and floor systems that will not safely carry inq�osed loads.- 6. Re£use, garbage, h�nnan waste, animal vraste, 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. 220.09 FIRE SAFEPY 1. Fire Exits: � A, All dwellings shall be equipped with fire exits. No fire exit shall be so far r�noved from any dwelling unit or in such condition as to be deened unsafe or dangerous and not fit for the purpose. B. All exit stainaays in multiple dwellings or condominiums having more than two occupied Ievels shall be se�xrated fcan each other by a substantial segaration of at Ieast a one hour fire resistance rating as detailed in 1979 UBC Table 43-8, item 76, or other appxoved one hour assembly. C, All multiple dwellings or condominiums having more than two levels and the laaest 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 clown the stairs to a level larer than the level of exit. D. All Trultiple dwellings or condaminiums with 25 or more dwelling units shall provide �netgency lighting in the exitways, corridors and systems in accordance with Chapter 5-1021 of the N.F.P.A. Std. 101. 2. Automatic Alarms: ' A. All multiple clwellings and condominiums having in excess of four � chvelling units shall provide a manually operated fire alarm system capable of alerting all the occu�nts of the structure. Each such alarm syst�n shall be activated by a manual pull station located at each exit door and by an autanatic device located in the utilities � and/or room in which the heat supply is located. Such device shall be a smoke detector, detecting products of combustion other than heat, bearing the approval of the Underwriters Laboratories or Factory Mutuals Testing Service for such service, or the , International Conference of Building Officials, u R � �� t S. Et�ery dwelling imit within 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 imit. 3. Fire Protection S�sten: All fixed and portable fire protection systems and appliances must be accessible and maintained for imi�ediate energency use. 4. Frohibiting inside Connection of Fkternal Appliances: It shall be imlawful for an owner of a residential rental pcoperty or condominium to allow electrical drop cords, extension cords or any electrical wize to run fran an,y electrical outlet from inside the dwelling or dwelling unit €or service to an electrical appliance outside of the dwelling or dwelling unit. 1 1 > 1 1.' '?. U} •� Y. ••,�'7�'/ �!I •• 11• i 1� 1, To allow for a systematic enfotcement of this ordinance upon cesidential rental property and condaminiums, no pecson shall operate a residential cental property or condominium without first having obtained a license to do so from the City as hereinafter provided, License renewals shall be filed at Ieast 30 days prior to the license expiration date. 2. No operating license shall be issued or renewed unless the residential rental property or condominium confocros to the ordinances of the City and the laws of the State of Minnesota. 3. License Fees: The annual license fee and,expiration date shall be as provided in Chapter 11 of the City Code. 4, Owner or Agent to Apply: License application or renewal shall be made by the ownec or his legally constituted agent. Application forms may be acquired irom and subsequently filed with the City. 5. Agent Required: No operating license shall be issued to an owner who does not reside in either Hennepin, Ramsey, Anoka, Carver, Dakota, Scott or Washington County unless the aaner designates in writing, to the City, the name of an agent who resides in eithez Hennepin, Ramsey, Anoka, Catver, Dakota, Scott or Washington County. The designated agent shall be responsible for maintenance and upkeep; legally constituted and anpowered to receive any notification of City ordinance violations; autfiorized to institute r�nedial action to effect such orders; and accept all service or process pursuant to law. This requirement may be waived if, in the City's detennination, the aaner not living in one of the aforementioned counties, is nonetheless sufficiently accessible for the purposes of this Chapter. 'Pt�e City shall be notified in writing of any change of agent. 6. Agreement to Allaa I�spection: No operating license shall be issued oc renewed unless the amer agrees in the applicatian ta permit inspections pursuant to Section 220.11 of this chapter. 7. Posting of License: Every licensee shall cause to be conspicuously posted in the main entry way of the dwelling, or other conspicuous location therein, the current license for the dwelling. 8. License Not Transferable: No operating license shall be transfecable. Every person holding an operating license shall give notice in writing to the City within five business days after having legally conveyed or otherwise disposed of the ( 1e9a1 control of any licensed property. Such notice shall include the name and address of the person succeeding to the awnership or control of such residential rental property or condamini�nn. � � �' �- � eJ 9. License Suspension or Revocation: Every operating Zicense issued under the provisions of this chapter is subject to suspension or revocation by the City Council should the licensee or the duly authorized agent fail to operate or maintain the licensed resiuential rental property or condominium �.I�e� '�. . ,is;.�nt with the provisions of the codes of the City and the laws of the State of Minnesota. In the event that an operating license is suspended or revoked by the City Council for just cause, it shall be unlawful for the owner or duly authorized agent to theceafter permit any new occupancies of vacant or thereafter vacated dwellings or dwelling units until such time as a valid operating license may be restored by the City Council. � 220.11 At7MI23ISPRATI�7 'I'he City Manager and/or his designated agent shall administer and enforce the provisions of this chapter and are 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 corrnnitted. 1. Authority: When the City determines that a violation exists, a written evalation of deficiencies shall be considered prima facie evidence in any subsequent litigation of a violation �der this chapter. � 2. Inspection Access: if any owner, agent, operator, occupant or other person in charge of a dwelling or dwelling unit fails or refuses to permit free access and entry to the dwelling or dwelling unit, under that person!S control for an inspection pursuant to this chapter, the City may seek a court order authorizing such inspection. 1 �!� _: iM' : ��� }�ISl� I.M?uli.lY 1. Whenever the City determines that any dwelling or dwelling unit fails � to meet the provisions of this chapter, the City may issue a compliance or8er setting forth the violations of the chapter and ordering the owner, agent, operator or occug3nt to correct such violations. This compliance order sball: A. Be in writing. B. Describe the location and nature oi the violations of this ordinance. C. Establish a reasonable time foX the cor�ection of such violations. D. Re served upon the owner, agent, operator or occupant; such notice shall he dee�ned to be properly served if a copy thereof ( is: (1) Served upon said owner, agent, operator or occupant (2) Sent by mail to the last known address, or (3) Upon Pailure to effect the compliance order through (1) or (2), said orde� will Be posted at a conspicuous place in or about the affected clwelling or dwelling unit. 2. Penalty for Violation of Code: � Failure to meet the �equirenents of the compliance order is a violation o£ this chapter and a misd�neanor, and is subject to all penalties provided for such violation under the provisions of Chapter 901 of the City Code. Each day the violation continues in existence shall be deemed a separate violation. � 47 � C � f "��I� ?..M 's_tiJ� When a violation of Section 220.08 of this chapter constitutes an imminent peril to life, health, safety or pcoperty the City may require immediate compliance and if necessary take appropriate action to correct the Vl�� 3t10II. 1 1 1' •• 7 1� �� V• � 1. Declaration: Any 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 genetal welfare of the occupants or to the public, may be declared unfit for ixIInan habitation. Whenever any dwelling or dwelling unit has been declared unfit fot human habitation, the City shall order s�ne 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 or dwelling ur�it shall be revoked. 2. vacated Dwelling: It shall be unlawful for a vacant dwelling or dwelling unit, which has been declared unfit fot human habitation, as provided above, to be used for human habitation until the defective conditions have been corrected and written approval has t�een issued by the City. It shall 6e unlawful for any person to deface or renove the declaration placard from any such dwelling or dwelling unit. 3. Secure Unfit and Vacated Dwellings: The c�,aner of any dwelling or dwelling unit, which has been declared unfit for human habitation, or which is otheiwise 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 ar 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 deelned 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 clwelling unit has been dxlared 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 Section 463.15 of the Minnesota Statutes. /�1� �.i�tl �. 6' l�.I• :._' �:��ib. :f G1: :_i�:�.L44' Upon failure to oomply with a compliance order appeal having been taken, the City Council may cited deficiency to be remedied as set forth i cost of such rpnecly shall be placed against th be levied and collected as a special assessmen hsinnesota Statutes, Chapter 429. 220.16 RI(�P OF APPFI�L within the timz set and no , by resolution, cause the n the compliance order. The e subject property and may t in the manner provided by When it is alleged by any person to wham a compliance order is directed that such compliance order is based upon erroneous inteLpretation of this chapter, such person may appeal the compliance order as provided under Chapter 6.Z4 of the City Code. The filing of an appeal shall stay all pcoceedings, unless such a stay would cause imminent peril to life, health, safety or property. � � ' 1 � � � � �1� Vti� f� � � � �1\�f�a�i��� Anyone securing an interest in the dwelling or dwelling unit which has recPived a violation_t�aq or compliance order shall be bound by same witnout further serv�ce or notice and shall be liabie �o all penalties and procedures by this chapter. ., 220.18 RP�FAI. Chapter 220 of the Fridley City Code as it existed prior to the adoption of this Ordinance is hereby repealed. PASSID AND ADDPTID BP 7HE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22ND DAY OF MAR(73, 1982 ATPESP: ��,�� �,""�'��_ SIDNEY C. INMAN — CITY CZII2R First Reading: Second Reading: Publish: 3/11 February 22, 1982 March 22, 1982 N�arch 31, 1982 . � G{:, a����:������. — ����. ���--� WILLIAM J. N� --MAYOR , V i �