Loading...
Ordinance No. 0673 03-06-1978��, t OP,DINANCE P;O. 673 AN ORDINANCE ESTABLISHINa CHAPTER 220, OF THE FRIDLEY CITY C!1DE, ENTITLED RESIDENTIAL MAINTENANCE CODE, AND REPEALIPlG CHAPTE� 7_0� ENTITLE� P4ULTIPLE DWELLIPIGS The City Counc�l of the City of Fridley does ordain as follows: Chapter 220, Resident�al P9a�ntenance Code, is hereby established. SECTION 220.00 INTRO�UCTIOP! SECTION 220 Ol TITLE This chapter shall be referred to as the "Fridley Residential Main- tenance Code." SECTION 220.02 PREAMBLE It is hereby found and declared that impaired structures harbor conditions dangerous to the public health, safety, and general welfare of the people. It is found that impaired structures exist within the City of Fridley because of faulty design or constructien, failure to keep them in a proper state of repair, lack of adequate lighting or ventilation, inabiltty to properly heat, improper management, or any combination of these factors. It is declared that the improvement of impaired structures and the prevention of occurrence of impaired structures tn the future is in the best interest of the citizens of the City. SECTION 220.03 SCOPE The provtsions of repair, equipment, structures, within to 6uilding codes building permit. SECTION 220.04 PURPOSE this chapter shall apply um formly to the maintenance, use and occupancy of all existing residential the Ctty of Frtdley Th�s chapter shall aoply in effect at the time of the �ssuance of the The purpose of th�s chapter is to maintain the City's san�tation, public health and attractiveness, protect the safety of ihe people, and to promote the general welfare by legislation which shall be systematically enforced upon all re s dent�al rental property and act as a oubl�c service to residents who are home owners. Section 220.08 °Immediate Health and Safety Hazards" is the only section of thts chapter which the City is empowered to enforce against owner- occupied homes. General ob,7ectives are• To protect the character and stabil�ty of residential areas wtthin the C�ty. 2 To correct and prevent conditions that adversely affect or are likely to adversely affect the safety, general welfare, and health of persons owning or renting residential facilities within Fridley. 3 � : � To provtde for sound maintenance of heating, sam tary, electrical and ventilation systems necessary to health and safety To provide basic reauirements fnr the ma�ntenance of existing residential structures. To preserve the valve of ldr�d and structures throughout the City. � � r�i ��t� ORDINANCE N0. 673 (continued) PAGE 2 SECTION 220 05 DEFINITIONS � � � For the purpose of this chapter certain terms and words are defined� 1. APPROVE� shall mean approved as to construction, installation, and maintenance in accordance wtth applicable statutes of the State of'flinnesota, and the provisions of this Code. � 2. BASEMENT shall mean 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 less than the vertical distance from grade to ceiling. 3. BDARDING HOUSE shall mean a building other than a hotel where, compensation by prearrangement for definite per�ods, meals, and/or lodging are provided for persons, not members of the principal family, not to exceed ten (10) persons. 4. CITY INSPECTOR shall mean the City Planager or his authorized representative. 5. CLEAN shall mean the absence of rubbtsh, garbage, vermin, and other unsightly, offensive, or extraneous matter 6. DWELLING shall mean a structure or portion thereof, designed or used predominantly for residential occupancy of a continued nature, including one-family dwellings, two-family dwellings, and multiple-family dwellings of three or more family dwelling units either rental or owner occupied, but not including hotels and motels. 7. �WELLING UNIT shall mean a single unit providing complete tndependent livtng facilities for one or more persons including � permanent provisions for living� sleeping, eating, cooking, and sanitation. 8. EASILY CLEANABLE shall mean 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. 9. ELECTRICAL SYSTEPI shall mean and include any and all methods of transmitting electricity for use to any dwelltng, dwelling unit, or mobile home. 10. EXIT shall mean a continuous and unobstructed means of egress to a public way and shall include intervenir;g doors, doorways, corridors, ramps, stairways, smokeproof enclosures, horizontal exits, exit passageways, exit courts and yards 11. EXTERMINATION sahll mean the control and destruction of insects, rodents, vermin or other pests. 12 FAMILY shall mean one or more persons each related to the other by blood, marriage, or adoption, or a group of not more than five (5) persons not all so related maintaining a common house- hold in a dwelling unit. ' 13. FLOOR AREA, GROSS shall mean the sum of the gross horizontal area of the several floors of such structure or structures measured from the exterior faces and exterior ells or• from the center line of common walls separattng dwelling units. Basements devoted to storage, and/or off-street parking shall not be tncluded. 14. FUNC7IONING shall mean in such physical condition as to safely perform the service or services for which an item is designed or intended. 15. GARBAGE shall mean and include every accumulation of animal, vegetable or other matter that attends the preparation, consumption, display, dealing in or storage of ineat, fish, fowl, birds, fruit, or vegetables, including the cans, containers or wrap�,ers wasted along with such materials. �� r� � �,i ORDINANCE N0. 673 (continued) - "'' PAGE 3 16. HABITABLE STRUCTURE shall mean any structure or part thereof that meets mintmum standards for use as a home or place of abode by one or more persons. 17 HABITABLE RODM shall mean 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 18. HEATING, VENTILATING, AND AIR CON�ITIONING SYSTEM 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, dutell�ng unit or mubile home. 19 20 21 INFESTATION shall mean the presence within or around a dwelling of any insect, rodent, or other pests. KITCHEN shall mean a habitable room intended to be used for the cookiny of food or the preparatton of ineals. LIVING RODM shall mean a habitable room within a dwelling unit, which is intended to be used, primarily for general living purposes. 22. LOT shall mean a parcel of land of at least suffictent size to meet zontng requirements for use, coverage, and area, and to provide such yards and other open spaces as are required by the C�ty of Fridley Zoning Code. 23. MAINTENANCE shall mean to keep in a good state of repair, to preserve from deterioration. 24. MOBILE HOME shall mean a transportable, sin9le-family dwelling un�t suitable for year-round occupancy and containing the same water supply, waste d�sposal and electrical conveniences as immobile housing and sub,7ect to tax or registration, as such, under the provisions of Minnesota Statutes, Chapters 168 or 273, and having no foundation other than wheels, jacks, support system, or skirtings, This shall not be construed to mean a recreational campin9 vehicle 25 MOBILE HOME P�1RIC shall mean any site, lot, parcel, or tract of land designed, mainta�ned, or intended for the purpose of supplying a location or accommodation for any mobile home and upon which any mobile home is parked and shall include all bu�ldings used or intended for the use as part of the equipment thereof whether a charge is made for the use of a mobile home park and its facilities or not. A mobile home park shall not include automobile or mobile home sales lots on which unoccupied mobile homes are parked for purposes of inspectton and sale. Th�s shall not be construed to mean a recreattonal camping vehicle. 26. MULTIPLE OCCUPANCY shall mean the occupancy of a butldtng that supports, shelters, or encloses more than one distinct use. 27 NON-COMBUSTIBLE shall mean any material or a combination of materials wh�ch will not ignite or support combustion during a five minute exposure. (Refer to 1973 UBC, Section 4151. 28. 29 30. OCCUPANCY shall mean the purpose for which a building, or part thereof, is used or intended to be used OCCUPANT shall mean any person residing in a dwelling unit or rooming unit. OPERATOR shall mean the owners or their agents, who have charge, care, control, or management of a building or part thereof. �^— �� � � OR�INANCE 673 (continued) PAGE 4 * ��a 31. OWNER shall mean any person, firm, or corporation, who alone, ,7ointly, or severally w�th others, shall be in actual possession of, or have charge, care or control of, any facility within the City. 32. PERSON 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. � 33. PLUMBING SYSTEhI shall mean and include all potable water supplies and distribution pipes, all plumbing fixtures and traps, all drainage and vent pipes and all building drains, including their respect�ve ,7oints and connections, devices and appurtenances un th�n the property lines of the premises and shall �nclude potable water � , treatment or using equipment. � , 34. PROPERTY shall mean all land and structures and systems there�n, platted lot or part thereof or an unplatted parcel of land. 35. PROPER CONNECTION TO AN APPROVED SE6JER SYSTEP1 shall mean a functio m ng sewer connection free fror� defects, leaks, or obstructions with sufficient capacity to drain all fixtures or appliances which feed into it. The sewer system (be it municipal or private) must be capable of disposing of sewage in a safe, sanitary, and adequate manner 36. PROPER CONNECTION TO AN APPROVED WATER SYSTEM shall mean a function�ng plumbing connection free from defects, leaks, or obstructions provid�ng an uncontaminated, controllable flow of cold or heated water. 37. PUBLIC AREAS shall mean those areas which are normally occupied or open to the general public 38. REASONABLE CARE shall refer to the treatment of all facilities, fix- tures, equipment, and structural elements such that depreciation of these ob�ects and matertals ts due to thelr age and normal wear rather than due to neglect. 39. REFUSE shall mean all solid waste products or those having the character of soltds rather than liquids, in that they will not flow readily without additional liqu�d and which are composed wholly or partly of such materials as garbage, sw�ll, svaeepings, cleanings, trash, rubbish, litter, �ndustrial solid wastes or domesttc solld wastes, oryanic wastes or res�due of an�mals sold as meat, fruit or other vegetable or animal matter from kitchen, dinrng room, market, food establishment of any places dealing in or handlina meat, fowl, grain, or vegetables, offal, animal excreta, or the carcass of animals; tree or shrub trimmings, grass cl�ppings, brick, plaster or other waste matter resulting from the demolition, alteration or constructton of buildings or structures, accumulated waste materials, cans, cnntainers, tires, ,7unk, or other such su6stance which may become a nulsance. 40. REPAIR shall mean to restore to a sound and acceptable state of operation, serviceability, or appearance rn the determinat�on of the Building Inspector. 41. RODENT HARBORAGE shall mean any place where rodents l�ve, nest, or seek shelter. 42. RUB&ISH shall include wood, leaVes, trimmings from shrubs, dead trees or branches thereof, shavings, sawdust, excelsior, wooden ware, printed matter, paper, paper board, paste board, grass, rags, straw, boots, shoes, hats and all other combusttbles not included under the term garbage. 43. SAFE shall mean the conditton of being free from danger and hazards whtch may cause accidents or disease. 44. STRUCTURE shall mean that which ts butlt or constructed, an edifice or building or any kind, or any p�ece of work artif�cally built up or composed of parts ,7oined together in some definite manner 3�a `- ' OR�INANCE N0. 673 (continued) ; ., � Page 5 45 UNSAFE shall mean, as appiied to a structure, a condition or comb�nation of conditions which are dangerous or hazardous to persons or property. 46. UNSANITARY shall mean, as applied to a structure, conditions which are dangerous or hazardous to the health of persons. 47. USE shall mean the purpose or activity for which the 7and or build�ng is des�gnated, or intended, or for which it is occupied, utilized, or maintained, and shall tnclude the performance of such acttvity as defined by the performancy standards of this chapter. 48. 4JATER CLOSET shall mean a toilet, with a bawl and trap made in one piece, urhich is connected to the City water and seN:er system or other approved water supply and sewer system. SECTION 022 06 BASIC REQUIREP�IENTS PERTAIPdING TO THE PIAINTENANCE OF R-1, R-2, R-3 AND R-4 PROPERTIES 220 061 Responstb�lities of Owners The owner of a dwelling sha71 6e responsible for the maintenance of that structure and for meeting the provisions of th�s chapter. Those responsibilities may not be abrogated by a private agreement. 22D.062 Removal of Basic Equipment or Faciltties No owner, operator, or occupant shall cause any facility or equ�pment which is requ�red under this chapter to be removed from or shut off from any occupied building or dwelltng unit except for such temporary interruptions as may be necessary while actual repairs or alterations are in process, or during temporary emergenctes. 220.063 P1aintenance of Heating Fac�lities Every heating facility shall be maintained in a safe and good work�ng condition, and shall comply with all of the followinq requirements l, 2. 3, 4. 5, No fuel burm ng heater shall be of a portable type. Every fuel burning heater shall be properly vented to a chimney or duct leading bo outdoor space. Every fuel burning heater shall have a fire resistdnt panel beneath it. Every heater located withtn three feet of a wall shall be equ�pped with �nsulation sufficient to prevent overheating of the wall during periods of maximum operat�on. Every heater smoke ptpe shall be equipped with guards p�°operly constructed of non-flammable materlal at the point where the ptpe goes through a wall, ceiling, or partition. 220.064 Basic Health Requirements for Ser�n ces and Util�ties 1 Minimum Plumbing Standards Al1 plumbing in every dwelling unit shall be prooerly installed and matntained in a sanitary, safe, and funct�o m ng condition, and shall be connected to an approved utility system 2. M�n�mum Heating Standards: All structures shall have heating facilities which are properly installed, and which are maintained in safe and good working condition, and which are capable of safely � � � � r�� � � ���� _ ��__ OROINANCE NQ. 673 (continued) PAGE 6 maintalm ng a minimum indogr temperature of 68° at an outside temperature of -?_0 F, below zero at �6 inches a6ove the floor in all habitable rooms, bathrooms, and water closet compartments in every dwelling unit located therein Gas or electric appltances designed pr�marily for cooking or water heating purposes shall not be considered as heating facilittes within the meam ng of th�s sectton. Portable heating equ�pment employing flame and the use of liqu�d fuel does not meet the requ�rements of thts section and is prohibtted. No owner or occupant shall install, operate or use a heater employing a flame that is not vented out- side the structure in an approved manner. 3. Minimum Water Heating Standards• Every dwelling shall have water heating facilit�es which are installed tn an approved manner, are mainta�ned and operated in safe and good working condition, are properly connected with the hot water lines, and are capable of allowtng heated water to be drat�n at every required fixture at a minimum temperature of 120 F. 4. Units at or Below Grade a) A1l windows located at or near ground level used or intended to be used for ventilation, all other openings located at or near ground level, and all exterior doorways whtch m�ght provide an entry for rodents, shall 6e supplied w�th adequate screens or such other devlces as �nll prevent the entrance of rodents into the structure. b) All sewers, pipes, drains or conduits and openings around such pipes and condu�ts shall be constructed to prevent the ingress or egress of rodents to or from a building c) Interior floors or basements, and other areas in contact with the soil shall be rodent-proofed to prevent the entrance of rodents into the structure 5 Factlitles for Storage and �Jisposal of Rubbish and (;arbage• [� � 7 Every owner of a multiple family dwelling shall be responsible for providing and ma�ntaining faciltties for the storage and disposal of rubb�sh and garbage, and for arranging for the collection of this material. In the case of single or two family dwell�ngs, these responsibilities shall be the occupants. Rodent Harborages in Occupied Areas It shall be the responsibil�ty of the owner of a dwelling um t to prevent the formation of rodent harborages in or about the premises. It shall further be the respon- st6ility of said owner to prevent the placement or accumulation of materials that may serve as food for rodents in a site accessi6le to rodents in these areas. Pest/Vermin Extermination: The owner of a dwelltng or dwzlling unit shall be responsible for the extermination of pest/vermin �nfestations on the premises. x_� `, L � ., ORDINANCE 673 (continued) PAGE 7 SECTION 220 07 6ASIC SAFETY REQU�REMEPITS FOR IPlTERIOR T�1AIhlTENAPJCE l. I:itchen Fac�l�ties I<itchen facilrties in every dwell�ng unit shall be maintained in the following manner� A. Fl k�tchen sink sha77 be in good work�ng condition and oroperly connected to an approved water supply system which provides at all times heated and unheated running water under pressure, and which is connected to an an approved sewer system. B Cabinets and/or shelves and counter or table shall be of sound construction furnished with surfaces that are easily cleanable and thai will not impart any toxic or deleterious effect on food. C. A stove or s�milar device for cooking food, and a refr�gerator or similar device for the safe storage of food, shall be properly maintained with all necessary connections fior safe, sanitary, and efficient operat�on. 2. W�ndows, Doors, and Screens Every window, exterior door, and hatchway shall be su6stantially tight and shall be kept in sound condition and repair. Ever,/ w�ndow, other than a fixed window or storm window, shall 6e capable of being easily opened 3. Liahti All electric light fixtures shall be kept in a good state of repair � , 4. P1in�mum Electrical Standards Every dwelling unit and a71 public and common areas supplied with electric service, functiontng overcurrent protection devices, electric outlets, and electric fixtures ahll be ma�ntained in good and safe working conditions, and shall be connected to a source of electric power in a manner prescrtbed by the ordinances, rules and regulations of the City of Fridley and by the laws of the State of Plinnesota. 5. Floors, Interior Walls, and Ceilings Every floor, interior wall, and ceilina shall be ke�;t in sound condition and good repair. Every floor shall be free of loose, warped, protrudrng or rotted flooring materials. Every interior wall and ceiling shall be free of holes and large cracks and loose plaster and shall be maintained in a tight weatherproof condition. 6 Sta�rways, Porches, and Balcon�es � �y � Every stairway, �nside or outside of a dweilrng and every porch or balcony, shall be kept �n safe condition and sound repair. � 7. Doors Locks and Security No owner shall occupy nor let to another for occupancy any dwelling or dwelling unit unless all exterior doors of the dvae771na and dwell�ng unit are equipped w�th safe, functioning locking devices. � � I I , , ORDINANCE 673 (continued) PAGE 8 SECTION 220.08 IPIMEDIATE HEALTH AND SAFETY HAZARDS � �°. The following are considered immed�ate hazards to health and safety for human occupancy• 1. Heating systems that are unsafe due to: 6urned out or rusted out heat exchanges (fire box), burned out, or plugged flues; not being vented, being connected with unsafe gas supplies, failing to meet the mim mum heating standards set forth in Section 220.064. 2. Water heaters that are unsafe due to: burned out or rusted out heat exchanges (ftre box); burned out, rusted out, or plugged flues, not being vented, being connected with unsafe gas supplies; or lack of temperature and pressure relief valves. 3 Electrical systems that are unsafe due to: dangerous over- loading; damaged or deteriorated equipment; improperly taped or spliced wiring; exposed uninsulated wires; distribution systems of extension cords or other temporary methods; ungrounded systems, ungrounded appliances in contact with earth. 4. Plumbing systems that are unsanitary due to: leaking waste systems fixtures and traps, lack of a water closet, lack of washing and bathing facilities, or cross connection of pure water supply with fixtures or sewage lines 5. Structural systems, walls, ch�mneys, ceilings, roofs, foundations, and floor systems, that will not safely carry imposed loads. 6. Refuse, garbage, human waste, decaying vermin or other dead animals, animal waste, other materials rendering it unsanitary for human occupancy. 7. Infestation of rodents, insects, vermin, and/or other pests. SECTION 220.09 BASIC REQUI ENTS PERTAINING TO THE MAINTENANCE OF R-3 220.091 Provisions and Maintenance of Basic Services and Utilities 1. Plumbing, Heating, and Electrical Service Every owner shall be responsible for the provision and maintenance of plumbing, heating, electrical, and ventilating service to each dwelling unit. Z. Suppl�ed Heat to Non-controlling Occupant• Whenever the occupant lacks direct control over the supplied heat to a dwelling unit or rooming unit, it shall be the respons�biltty of the owner to maintain minimum heattng standards as set forth in Section 220 064. 3. Climate Control as Integral Function• When facilities for interior climate control (heating, cooling, and/or humidity control) are integral functions of structures containing dwelling units or rooming units, it shall be the responsibiltty of the owner that such facilities are maintained and operated in a continuous manner and in acccrdance w�th the designed capacity of the tnstalled equipment. During instances when the integral equipment �s inoperative because of power or mecham cal failure, alternative provis�ons for fresh air ventilation of each dwelling or rooming unit shall be the responsibility of the owner. 220.092 Illuminatton; Public Halls and Stairways 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 effective illumination �n all parts thereof. Every publtc hall and stairway in structures contaim ng 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 lighting. _?�� ORDINANCE 673 (continued) '� �. .�� PAGE 9 22D.093 Fire Safety 1. Fire Exits: None of which are so far removed from any dwelling unit or in such condition as to be deemed unsafe or dangerous and not fit for the purpose. a) All exit stairways in multiple dwellings having more than two occupied levels shall be separated from each other hy a substantial separation of at least a one hour fire resistance ratin9 as detailed in UBC Table 43-B, item 76, or other approved one hour assembly. b) All multiple dwellings having more than two levels and the lowest level is at an elevation less than grade and having the exit at grade level shall provide a substantial barrier c�n�tructed and placed so es to prevent a person from proceeding down thp stairs to a level lower than the level of exit. c) Every apartment building with 25 or more living units shall provide emergency l�ghting in the exitways, corridors and systems in accordance with Chapter 5-1021 of N.F P.A. Std 101. 2. Automatic Alarm a) All multiple dwellings having in excess of four dwelling units shall provide a manually operated 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 heat supply is located. Such device shall be a products of combustion detector 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. b) Every dwelling unit within an apartment house, lodging house or hotel and every guest room in a lodging house or hotel used for sleeping shall be provided with a smoke detector detecting pruducts of com6ustion 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 or guest room c) Compliance with all the provisions of the above shall not be later than January 1, 1980. 3. Fire Protection System All fixed and portable fire protection systems and appliances must be accessible and maintained for immediate emergency use. 4. Prohibiti�� Inside Connection of External Appliances It shall be unlawful for any owner of arty multiple develling to allow electrical drop cords, extension cords or am/ electrical wire to run from any electrical nutlet from inside the mwltiple dwell�ng for service to an electrical appliance outside of a multiple dwell�na. ISI IC SERVICES AND 1. Plumbing, Heattng and Electrical Service: Every owner of a ' mok�ile home park shall be responsible for the provision and maintenance of plumbing, heating, and electrical service to each mobile home All utilities shall be constructed, installed and maintained in accordance with the laws of the State of Minnesota, the recommendations of the State Health Department, and the ordinances and requirements of the City of Fr�dley. 2. Every public hall and statrway �n every mobile park community building shall be adequately lighted by natural or electric l�ght at all times so as to provide effective illumination in all parts thereof. y �� r� . _ ORDINANCE N0. 673 (continued) PAGE 10 SECTION 220.11 LICENSING OF RENTAL UNITS To allow for a systematic enforcement of �his ordinance upon rental daaellings, no person on or folloi��ing thesl;xiiethday after the enactment of thts ordtndnae shall operate a rental dwelling without first having obtained a license to do so from the City of Fridley, as hereinafter prov�ded. At the discretion of the City Inspector, all initial 1icenses issued w�thin 180 days of the � enactment of this ordinance may be for a period of less than one year for the purpose of providing staggered licensing In all other tnstances, each such operating license shall be issued annually and shall expire on the anniversary date of issuance. License renewals shall be filed at least 60 days prior to the license expiration date If an impairment shou1d occur in an owner-occupied dwell�ng that threatens the health, safety, and welfare of the occupants or ad�acent property owners/renters, and if the impairment is a violation of Section 220.08, the City of Fridley is empowered to exercise the enforcement of this ordinance. No operating license shall be issued or renewed unless the rental dwe7ling and its premises conform to the ordtnances of Fridley and the laws of the Sta�e of Minnesota 220.111 L�cense Fees The annual license fee and expiration date shall be as provided in Chapter 11 of the Fridley City Code. 220 112 Owner or Agent to Apply License appl�cation or renewal shall 6e made by the owner of rental um ts or his legally constltuted agent Application � forms may be acquired from and subsequently filed with the City Inspector 220.113 Resident Agent Requ�red No operating license shal7 be issued or renewed for a non- resident owner of rental dwelling units (one who does not reside in any of the following Minnesota counties, Hennepin, P,amsey, Anoka, Carver, Dakota, Scott, or Washington) unless such owner designates in writing to the City Inspector the name of his resident agent (one who does reside in any of the following counties, Hennepin, Anoka, Carve�°, Dakota, Scott, or UJashington) who is responsible for maintenance and upkeep and who ts legall� 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 orders and to accept all service or process pursuant to law The City Inspector shall be notified in wrtting of any change of resident agent. This requirement may be waived if, in the C�ty Inspector's determinat�on, the owner not 1iving in one of the above snecified counties, is nonetheless sufftctently accessible for the purposes of this chapter. 220.114 Agreement to Allow Inspect7on No operating license shall 6e issued or renewed unless the ' owner of rental units agrees in the appl�cation to permit inspections pursuant to Section 220.12 of this chapter, 220.115 Postrn4 af License Every licensee of a rental dwelling shall cause to be conspicuoulsy posted in the main entry way or other conspicuous location therern the current ltcense for the respective rental dH!ell�ng. ���r� ��'-'�'� OR�INANCE N0. 673 (continued) PAGE 11 220 116 L�cense Not Transferable P!o operat7ng ltcense shall be transferable to another rental dwelling. No operating license shall be transfenabbe to another person without approval of the Ci�y Counc�l. Every person hold�ng an operating license shallgive notice in writing to the City Inspector wtth�n five bus�ness days after having legally t�ran�fEVrred or otherwise disposed of the legal control of any licensed rental dwel]ing. Such notice shall include the name and address of the oerson succeedtng to the ownership or control of such rentai dwelling or dwelTings. 220 117 License Suspension or Revocation Every operat�ng l�cense issued under the provisions of this chapter is sub,7ect to suspension or revocation by the City Counc�l should the licensed owner, or the duly authorized resident agent, fail to operate or mainta�n licensed rental dwellings antl units therein consistent with the provisions of the codes of the City of Fridley and the 7aws of the State of Minnesota. In the event that an operating l�cense is suspended or revoked by the Cit,y Council for �ust cause, it sha11 be unlawful for the owner or duly authorized agent to thereafter permit any new occupanctes of vacant or thereafter vacated rental units until such time as a- valid operating license may be restored by the C�ty Council SECTION 220 12 ADMINISTRATION The C�ty Inspector and/or designated agents shall admim ster and enforce the prov�stons of this chapter and are hereby authorized to cause inspec��ons on a scheduled basis and/or when reason exists to belteve that a v�olat�on of this chapter has been or is 6eing committed 220 121 Authority When a City Inspector determines a violation, the Insoector's a�ritten evaluation of def7ciencies shall be considered prima facie evidence in any subsequent litigat�on of a violation under this chapter. 220.122 Inspection Access If any owner, occupant, or other person in charge of a dwelling, dwelling unit or mobile home, fails or refuses to permit free access and entry to the structure or prem�ses under that person's control for an tnspection nursuant to th�s chapter, the City Inspector may seek a court order authoriz�ng such inspection. SECTION 22D.13 COMPLIANCE AND ENFORCEMENT A. l�Jhenever the C�ty Inspector determines that any rentaT dwelling or un�t fails to meet the provisons of this chapter, or if any owner-occupied dwellrng fails to meet the provis�ons of Section 220 08 "ImmedTate Health and Safety Hazards," the City Inspector may issue a compl�ance order setting forth the violat�ons of the chapter and order�ng the owner or agent to correct such violations This compl�ance order shall; 1 2 3 Be in writing. Describe the location and nature of the violat�ons of this ordinance. Establish a reasonable t�me for the correct�on of such violations. � � � ' � �� ' i�� y � � ' � i OR�INANCE N0. 673 (continued) PAGE 12 4, Be served upon the ovaner or agent; such notice shall be deemed to be properly served upon such owner or agent, if a copy thereof is a) Served upon said persons, or 6) Sent by registered mail to the last known address, or c) Upon failure to effect notice through a or b as set out in this section, posted at a conspicuous place in or about the dwelling which is affected by the not�ce. B. Penalty for Violation of Code Failure to meet the requirements of the compliance order is a violation of this chapter and a m�sdemeanor and is subject to all penalties provided for such violat�on under the provis�ons of Chapter 901 of the Fridley C�hy Code. Each day the violat�on continues in existence shall be deemed a separate v�olat�on 220.131 Emergency Cases When a violation of Section 220 08 of this chapter constitutes an imminent peril to life, health, or property, the City Inspector may require immediate compliance, and if necessary take appropriate action to protect that life, health, or property 220.132 Unfit for hiuman Nabitation 1 Declaration Any dwelling, dwell7ng unit, or mobile home, which is damaged, decayed, dilapidated, unsanttary, unsafe, vermin or rodent infested, or which lacks provision for illumination, ventilation, or san�tary fac�lities to the extent that the defects create a hazard to the health, safety, or welfare of the occupants or of t�e publtc may 6e declared unfit for human habitation. 4lhenever any dwell�ng, dwelling unit, rooming un�t or mobile home, has been declared unfit for human habitation, the City Inspector 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. 2. Vacated Bu�ldtng• It shall be unlawful for a vacant dwelling, dwelling unit, or mobile home, which has been declared unfit for human habitation as provided in Subdivision 1 above, to be used for human habitatton until the defecttve conditions have been corrected and written approval has been issued by the C�ty Inspector. It shall be unlawful for any person to deface or remove the declaration placard from any such dwelling, dwelling unit or mobile home. 3. Secure Unfit and Vacated Dwell�ngs. The owner of any dwelling, dwelling unit, or mobile hame whtch has been declared unfit for human habitation, or which ts otherwise vacant for a period of 60 days or more, shall make same safe and secure so that �t 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 or windows if unguarded, shall be deemed to be a hazard to the healtFi, sa�ety, and welfare of tlie public and a public nuisance within the meaning of th�s chapter 4. Hazardous Building Declaration� In the event that a dwelling has been declared unfit fer human habitation and the owner has not remedied the defects within a prescribed reasonable ttme, the dwelling may be declared a hazardous bu�lding and treated consistent with the provistons of Section 463.15 of the P��nnesota Statutes. °� S �� r� ORDINANCE No 673 (continued) � `-' ' PAGE 13 220.133 Execution of Compliance Orders bV Public Authori Upon failure to comply with a compliance order within the time set and no appeal having 6een taken, the City Council may, by resolution, cause the cited deficiency to 6e remedied as set forth �n the compliance order. The cost of such remedy shall be placed against the sub,7ect property and may be levied and collected as a special assessment in the manner provided by Minnesota Statutes, Chapter 429. 220 134 Riqht of Appeal When �t 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 6.14 of the Fridley City Code. The filing of an appeal shall stay all proceedings, unless such a stay would cause imminent peril to life, health or property. 220 135 Transfer of Ownershi Anyone securing an interest in the dwelling, dwelling um t or mobile home which has received a violation tag or compliance order shall be bound by same w�thout further service of notice upon him/her and shall be liable to all penalties and procedures by this chapter. SECTION 220.14 REPEAL Chapter 209 entitled "Multiple Dwellings" of the Fridley City Code is hereby repealed. ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 6TH ��lY OF MARCH , 1978. / / �L p J � '� ^ _ „ (/V ��a.Kn, �i (x.� MAYOR - WILLIAPI J. NEE ATTEST. .� �-'2/1 c�.�-�.�,.:�,, ,' — �.�,r..�.�.�r CITY CLERK - MARVIN C. GRUNSELL First Reading • February 6, 1978 Second Reading• P1arch 6, 1978 Publish .. ... P9arch 15, 1978