Ordinance No. 1033 07-11-1994 ORDINANCE NO. 1033
OFFICIAL TITLE AND SUMMARY
I. TITLE
An ordinance recodifying the Fridley City Code, Chapter 220, entitled
"Residential Rental Property and Condominium Common Area Maintenance", by
repealing and adopting a new Chapter 220, entitled "Residential Rental Property
Maintenance and Licensing Code", and amending Chapter 11, entitled "General
Provisions and Fees".
II. SUMMARY
The City Council of the City of Fridley does hereby ordain as follows:
The proposed ordinance establishes licensing, inspection, and maintenance
requirements for property rented as dwelling units. It identifies minimum
standards for principal structures and fire safety requirements. It requires a
license to rent residential rental property and it requires certain procedures
to obtain a license. The ordinance also enables the City to revoke a license
and mandates certain procedures for adequate due process and hearings. The
ordinance contains requirements and procedures for owners of rental property to
carry out regarding the conduct of occupants on the licensed premises.
The ordinance establishes these standards and requirements in order to provide
for the public health, safety, and welfare of its citizens and to prevent
substandard conditions of residential rental property.
III. NOTICE
This Title and Summary have been published to clearly inform the public of the
intent and effect of the City of Fridley's ordinance requirements for
residential rental properties. A copy of the ordinance, in its entirety, is
available for inspection by any person during regular business hours at the
offices of the City Clerk of the City of Fridley, 6431 University Avenue N.E. ,
Fridley, MN 55432.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THE 11TH DAY OF
JULY, 1994.
WILLIAM J. NEE AYOR
ATTEST:
A . /.A.* / / a• 11.
WILLIAM A. CHAMPA - CITY 1 •
Public Hearing: March 7 and 21, 1994
First Reading: June 20, 1994
Second Reading: July 11, 1994
Publication: July 19, 1994
ORDINANCE NO. 1033
ORDINANCE REPEALING CHAPTER 220 OF THE FRIDLEY CITY
CODE IN ITS ENTIRETY, ENTITLED "RESIDENTIAL RENTAL
PROPERTY AND CONDOMINIUM COMMON AREA MAINTENANCE", AND
ADOPTING A NEW CHAPTER 220, ENTITLED "RESIDENTIAL
RENTAL PROPERTY MAINTENANCE AND LICENSING CODE", AND
AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE, ENTITLED
"GENERAL PROVISIONS AND FEES"
The City Council of the City of Fridley does ordain as follows:
220. RESIDENTIAL RENTAL PROPERTY MAINTENANCE AND LICENSING CODE
(Ref. No. 213, 222, 286, 673, 747)
220.01. TITLE
This Chapter shall be referred to as the "Residential Rental Property
Maintenance and Licensing Code". (Ref. 747)
220.02. PREAMBLE
The City believes that providing for public health, safety, and welfare to its
citizens mandates the existence of a rental property licensing and maintenance
program which corrects substandard conditions, and maintains a standard for
rental property.
220.03. SCOPE
This Chapter applies to all buildings which are rented in whole or in part as
a dwelling for persons other than the property owner's "family" as defined
therein. It includes accessory structures such as garages and storage
buildings, and appurtenances such as sidewalks and retaining walls, which are
on the lot where the rental property is located. This Chapter does not apply
to Minnesota Department of Health licensed rest homes, convalescent care
facilities, and nursing homes, nor to hotels and motels licensed by the City
under Chapter 26.
220.04. PURPOSE
This Chapter establishes licensing, inspection and maintenance requirements
for property rented as dwelling units.
220.05. DISCRIMINATION AND PRIVATE CONTRACTS
This Ordinance shall be enforced in a non-discriminatory manner and
exclusively for the purpose of promoting public welfare. The City neither
expressly nor by implication assumes any obligations or liabilities respecting
such private rights or disputes, including those which involve or arise out of
the non-conformity of any premises in the City to the provisions of this
Ordinance. Nothing in this Ordinance precludes a Licensee from entering into
a contract for the maintenance, repair, or management of a rental dwelling; in
such cases, however, Licensee will still be held responsible to ensure the
condition of the property conforms with this Chapter.
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220.06. DEFINITIONS
For the purpose of this Chapter, certain terms and words are defined. Words
not specifically defined in this Chapter shall have their ordinary meanings
within the context with which they are used. The referenced dictionary of the
governing Building Code shall be considered as providing ordinarily accepted
meanings.
Whenever the words "Dwellings", "Dwelling Unit", "Building", "Structure", or
"Premises" are used in this Chapter, they shall be construed as though they
were followed by the words, "or any part thereof".
The following words, terms, and phrases and their derivatives shall be
construed as defined in this section; words used in the singular include the
plural and the singular; words used in the masculine gender include the
feminine and vice versa.
1. Accessory Building or Use.
A subordinate building or use which is located on the same lot as principal
building or use and is necessary or incidental to the conduct of the principal
building or use.
2. Approved.
Approved as to construction, installation, and maintenance in accordance with
all applicable codes and state statutes.
3. Basement.
That portion of a building between floor and ceiling which is partly below
grade, but so located that the vertical distance from grade to floor below is
more than the vertical distance from grade to ceiling.
4. Bedroom.
A habitable room within a dwelling unit which is used, or intended to be used,
primarily for the purpose of sleeping, but shall not include any kitchen or
dining area.
5. Building.
Any structure having walls and a roof, built for the shelter or enclosure of
persons, animals, or property of any kind.
6. Clean.
The absence of rubbish, garbage, vermin, and other unsightly, offensive, or
extraneous matter.
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7. Compliance Official.
The designated authority charged with the administration and enforcement of
this code, or his/her duly authorized representative.
8. Condominium.
A multiple dwelling in which portions are designated for separate ownership
and the remainder of which is designated for common ownership solely by the
owners of those portions. A multiple dwelling is not a condominium unless the
undivided interests in the common elements are vested in the unit owners.
9. Dwelling.
A residential building, or portion thereof, but not including hotels, motels,
lodging houses, recreational vehicles, tents, rest homes, convalescent homes,
and nursing homes.
10. Dwelling, Multiple.
A residential building, or portion thereof, designed for occupancy by two (2)
or more families living independently of each other.
11. Dwelling, One-Family.
A detached building designed exclusively for occupancy by one (1) family.
12. Dwelling, Two-Family.
A detached building designed exclusively for occupancy by two (2) families
living independently of each other.
13. Dwelling Unit.
A single unit providing complete independent living facilities for one (1)
person including permanent provisions for living, sleeping, eating, cooking,
and sanitation.
14. Easily Cleanable.
Readily accessible and of such material and finish, and so fabricated and
placed that residue which may accumulate can be completely removed by normal
cleaning methods.
15. Electrical System.
Any and all methods of transmitting electricity to and within any dwelling or
dwelling unit.
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16. Exit.
A continuous and unobstructed means of egress to a public way and shall
include intervening doors, doorways, corridors, ramps, stairways, smoke-proof
enclosures, horizontal exits, exit passageways, exit courts, and yards.
17. Extermination.
The control and elimination of insects, rodents, or other pests by eliminating
their harborage places; by removing or making inaccessible materials that may
serve as their food; by poisoning, spraying, fumigating, or trapping, or by
any other recognized or legal pest elimination methods approved.
18. Family.
An individual or two (2) or more persons related by blood, marriage, or
adoption, including foster children, and bonafide domestic servants, subject
to the following conditions:
A. More than five (5) unrelated persons living in a dwelling unit
shall not constitute a family.
B. A group home which is a federal tax exempt, non-profit
organization shall constitute a family whether or not the total
persons other than the live-in staff or principal occupant exceeds
five (5) .
19. Floor Area, Gross.
The sum of the gross horizontal area of the several floors of a
structure or structures measured from the exterior faces and exterior walls or
from the center line of common walls separating dwelling units. Basements
devoted to storage and/or off-street parking shall not be included.
20. Functioning.
In such physical condition as to safely perform the service or services for
which an item is designed or intended.
21. Governing Building Code.
The applicable edition of the Minnesota State Building Code.
22. Habitable Room.
A room or enclosed floor space used or intended to be used for living,
sleeping, cooking or eating purposes; excluding bathrooms, water closet
compartments, laundries, furnace rooms, unfinished basements, pantries,
utility rooms, foyers, communicating corridors, stairways, closets, storage
spaces, and attics.
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23. Heated Water.
Heated water supplied to plumbing fixtures at a temperature of not less than
110 degrees Fahrenheit.
24. Heating, Ventilating and Air Conditioning Systems.
Any and all units, equipment, material, and miscellaneous devices used in the
process of heating, ventilating, and air conditioning of any dwelling or
dwelling unit.
25. Infestation.
The presence within or around a dwelling or dwelling unit of any insect,
rodent, vermin or other pests.
26. Kitchen.
A habitable room within a dwelling unit intended to be used for the cooking of
food or the preparation of meals.
27. Licensee.
The owner or designated agent or operator of the rental dwelling who is issued
a rental dwelling license for purposes of this Code.
28. Living Room.
A habitable room within a dwelling unit which is intended to be used primarily
for general living purposes.
29. Lodging House.
Any building or portion thereof containing not more than five (5) guest rooms
where rent is paid in money, goods, labor, or otherwise.
30. Maintenance.
To keep in a good state of repair; to preserve from deterioration.
31. Multiple Occupancy.
The occupancy of a structure that supports, shelters or encloses more than one
distinct use.
32. Non-combustible.
Any material or a combination of materials which complies with the most recent
edition of the U.B.C.
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33. Non-resident Owner.
An owner of a rental dwelling who does not reside or live in the rental
dwelling.
34. Nuisance.
A nuisance shall be any act as defined in Chapter 110 of the City Code.
35. Occupancy.
The purpose for which a structure, or part thereof, is used or intended to be
used.
36. Occupant.
Any person residing in a dwelling or dwelling unit.
37. Operate.
As used in this Chapter, the term means to charge a fee or other form of
monetary compensation for the use of a unit in a rental dwelling or for the
use of an accessory structure.
38. Operator, Manager, Caretaker, or Agent.
Any person who has charge, care or control of a structure, or part thereof, in
which condominiums exist or rental dwelling units are let.
39. Owner.
Any person, firm, corporation, agent or condominium association who alone,
jointly or severally with others shall be in actual possession of, or have
charge, care or control of any dwelling, dwelling unit or condominium within
the City.
40. Person.
A natural person, that person's heirs, executors, administrators or assigns,
and also a firm, partnership or corporation, its or their successors or
assigns, or the agent of any of the aforesaid.
41. Plumbing System.
All of the following supplied facilities and equipment in a dwelling: gas
pipes, gas burning equipment, water pipes, steam pipes, garbage disposal
units, waste pipes, water closets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clothes washing machines, catch basins,
vents, and any other similar fixtures and the installation thereof, together
with all connections of water, sewer, or gas lines.
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42. Premises.
A platted lot or portion thereof or an unplatted parcel of land and adjacent
right-of-way either occupied or unoccupied by a building and/or accessory
structure.
43. Property.
All land and structures and systems therein, platted lots or parts thereof or
an unplatted parcel of land.
44. Proper Connection to an Approved Sewer System.
A functioning sewer connection free from defects, leaks or obstructions with
sufficient capacity to drain all fixtures or appliances which feed into it.
The sewer system must be capable of disposing of sewage in a safe, sanitary,
and adequate manner.
45. Proper Connection to an Approved Water System.
A functioning plumbing connection free from defects, leaks or obstructions
providing a potable, controllable flow of water.
46. Public Areas.
Those areas which are normally used by or open to the general public,
regardless of access restriction by a locked exterior door.
47. Reasonable Care.
The treatment of all facilities, fixtures, equipment, and structural elements
such that depreciation of these objects and materials is due to their age and
normal wear rather than due to neglect.
48. Refuse.
Any solid or liquid waste products or those having the character of solids
rather than liquids in that they will not flow readily without additional
liquid and which are composed wholly or partly of such materials as garbage,
swill, sweepings, cleanings, trash, rubbish, litter, industrial solid wastes
or domestic solid wastes, organic wastes or residue of animals sold as meat,
fruit or other vegetable or animal matter from kitchens, dining rooms,
markets, or food establishments of any places dealing in or handling meat,
fowl, grain or vegetables; offal, animal excreta or the carcass of animals;
tree or shrub trimmings; grass clippings, brick, plaster or other waste matter
resulting from the demolition, alteration or construction of buildings or
structures; accumulated waste materials, cans, containers, tires, junk; or
other such substance which may become a nuisance.
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49. Rental Dwelling or Rental Dwelling Unit.
A dwelling or dwelling unit and accessory structure (if any) let for rent or
lease.
50. Repair.
To restore to a sound and acceptable state of operation, serviceability or
appearance in the determination of the City.
51. Retaining Wall.
A wall or structure constructed of stone, concrete, wood, or other materials
used to retain soil, as a slope transition, or
edge of a planting area.
52. Rodent Harborage.
Any place where rodents live, nest or seek shelter.
53. Rodent-Proof.
A condition where a structure or any part thereof is protected from rodent
infestation by eliminating ingress and egress openings such as cracks in walls
and holes in screens. For the purpose of this ordinance, the term "rodent-
proof" shall be construed as though it included "insect-proof" and "vermin-
proof".
54. Safe.
The condition of being free from danger and hazards which may cause accidents
or disease.
55. Story.
That portion of a building included between the upper surface of any floor and
the upper surface of the next floor above it; if there is no floor above it,
the space between the floor and the ceiling above it. A basement is a story
for the purposes of height regulations if one-half (1/2) or more of the
basement height is above the level of the adjoining ground.
56. Structure.
Anything constructed or erected which requires location on or under the ground
or attached to something having location on or under the ground.
57. Uniform Building Code (U.B.C.) .
Shall mean the code published by the International Conference of Building
Officials, and any materials referenced therein.
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58. Unsafe.
As applied to a structure, a condition or combination of conditions which are
dangerous or hazardous to persons or property.
59. Unsanitary.
Conditions which are dangerous or hazardous to the health of persons.
60. Use.
The purpose for which land, a building, or structure is or is to be used or
occupied, and shall include the performance of such activity as defined by the
performance standards of this Chapter.
61. Water Closet.
A toilet, with a bowl and trap made in one piece, which is connected to the
City water and sewer system or other approved water supply and sewer system.
62. Yard.
All ground, lawn, court, walk, driveway, or other open space constituting part
of the same premises and on the same lot with a main building.
220.07. RESPONSIBILITY OF OWNERS
The owner of a dwelling or dwelling unit shall be responsible for the
maintenance of that structure and for meeting the provisions of this Chapter.
Those responsibilities may not be abrogated by a private agreement.
220.08. JOINT RESPONSIBILITIES OF OCCUPANTS AND OWNERS
1. No owner, operator, or occupant of any dwelling unit shall allow the
accumulation or formation of dirt, filth, refuse, or rodent harborages
on the premises which he occupies or controls in a manner that could
create a health hazard to the dwelling occupants or the general public.
2. Nuisances: No owner, operator, or occupant of any dwelling unit shall
allow the formation or presence of any nuisances in or about the
premises he/she occupies or controls.
3. Conduct on licensed premises: Every owner, operator, or occupant of any
dwelling unit shall conform to the provisions of Section 220.14 of this
Chapter.
220.09. REMOVAL OF EQUIPMENT AND DISCONTINUANCE OF BASIC SERVICES
No owner, operator, or occupant shall cause any service, utility, facility, or
equipment which is required under this Chapter, to be removed from or shut off
from any occupied dwelling or dwelling unit except for such temporary
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interruptions as may be necessary while actual repairs or alterations are in
process or during temporary emergencies.
220.10. MINIMUM STANDARDS FOR PRINCIPAL STRUCTURES
1. Minimum Exterior Standards
A. Foundations, exterior walls, and roofs: The foundation, exterior
walls, and exterior roof shall be water tight, rodent-proof, and
shall be kept in sound condition and repair. Every window,
exterior door, and hatchway shall be substantially tight and shall
be kept in sound condition and repair. The foundation shall
adequately support the building at all points. Exterior walls
shall be maintained and kept free from dilapidation by cracks,
tears, or breaks or from deteriorated plaster, stucco, brick,
wood, or other material that is extensive and gives evidence of
long neglect. The protective surface on exterior walls of a
building above ground level shall be maintained in good repair so
as to provide a sufficient covering and protection of the
structural surface underneath against its deterioration. Without
limiting the generality of this section, a protective surface of a
building shall be deemed to be out of repair if:
(1) The protective surface is paint which is blistered to an
extent of more than twenty-five percent (25%) of the area of
any plane or wall or other area including window trim,
cornice members, porch railings, and other such areas;
(2) More than ten percent (10%) of the pointing of any chimney
or twenty-five percent (25%) of the pointing of any brick or
stone wall is loose or has fallen out.
(3) More than twenty-five percent (25%) of the finish coat of a
stucco wall is worn through or chipped away.
Any exterior surface or plane required to be repaired under the
provisions of this section shall be repaired in its entirety. If
a weather resistant surface such as brick, plaster, or metal is
covered with paint that is more than twenty-five percent (25%)
blistered, it shall be repainted unless the defective paint
covering is removed in its entirety.
B. Accessory Structure Maintenance
Accessory structures supplied by the owner, operator, or occupant on the
premises of a dwelling shall be structurally sound, and be maintained in
good repair and appearance. Exterior walls, foundations, roofs, and
exits of an accessory structures shall be maintained in accordance with
the standards set forth for principal structures.
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C. Fence Maintenance
Fences shall be maintained in good condition both in appearance and in
structure. Wood material, other than decay resistant varieties, shall
be protected against decay by use of paint or other preservatives. If
twenty-five percent (25%) or more of the painted surface of a fence is
determined by the Compliance Official to be paint blistered, the surface
shall be properly scraped and repainted.
D. Retaining Walls
Retaining walls shall be kept in good condition, repair, and appearance.
A retaining wall shall be deemed out of repair when it has substantially
shifted or slumped out of its original design position.
E. Yard Cover
All exposed areas surrounding (or within) a principal or accessory use,
including street boulevards which are not devoted to parking, drives,
sidewalks, patios, or other such uses, shall be landscaped with grass,
shrubs, trees, or other ornamented landscape material and shall be
maintained to prevent erosion from wind and/or water runoff. Such
landscaping shall be maintained in good condition and free of noxious
weeds. Grass and weeds may not exceed ten (10) inches in height at any
time.
F. Gutters and Downspouts
Existing gutters, leaders, and downspouts shall be maintained in good
working condition as to provide proper drainage of storm water. In no
case shall storm water be channeled into the sanitary sewer system.
Neither shall storm water, ice, or snow be directed into, or channeled
across walkways or streets where it is likely to be a hazard to life or
health.
G. Exterior Lighting
For multiple family dwellings, all exterior parking areas shall be
provided with an average, maintained, horizontal illumination of six-
tenths (0.6) foot candles. Parking lot illumination shall not be
directed onto a public street or adjoining property.
H. Snow and Ice Removal
The owner of a dwelling containing two (2) or more dwelling units shall
be responsible for cleaning and maintaining all walks, drives, and
parking areas, and keeping steps free of any ice or any snow
accumulations of two or more inches within 24 hours of the storm's
completion.
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I. Driving and Parking Areas
The owner of a multiple family dwelling or dwellings shall be
responsible for providing and maintaining in good condition paved and
delineated parking areas and driveways for occupants consistent with the
City Code.
J. Facilities for Storage and Disposal of Refuse
Every owner of a residential property shall be responsible for providing
and maintaining facilities for the storage and disposal of refuse and
for arranging for the collection of this material as required by the
City Code.
K. Grading and Drainage.
Every yard, court, or passageway on the premises on which a dwelling
stands must be maintained in a way to prevent the excessive accumulation
of standing water which constitutes a detriment to the health and safety
of the occupants or the general public.
2. Minimum Plumbing Standards
All plumbing in every dwelling unit and all shared or public areas shall be
properly installed and maintained in a sanitary, safe, and functioning
condition, and shall be properly connected to an approved sanitary system.
A. Every fixture, facility, or piece of equipment requiring a sewer
connection shall have a functioning connection, free from defects,
leaks, or obstructions, and shall possess sufficient capacity to
drain all other fixtures, facilities, or pieces of equipment which
feed into it. The sewer system must be capable of conveying all
sewage into the municipal sanitary sewer system.
B. Every fixture, facility, or piece of equipment requiring a water
connection shall have a functioning connection, free from defects,
leaks, or obstructions. Each water connection shall possess
sufficient capacity to adequately supply all fixtures, facilities,
or pieces of equipment to which connected with an uncontaminated,
controllable flow of water.
3. Minimum Electrical Standards: Every dwelling unit and all public and
public areas shall be supplied with electric service, functioning and
safe circuit breakers or fuses, electric outlets, and electric fixtures
which are properly installed and maintained in a safe working condition.
The minimum capacity of such electric service and the minimum number of
electric outlets and fixtures shall be as follows:
A. Dwellings containing one or two dwelling units shall have at least
the equivalent of sixty (60) ampere, electric service per dwelling
unit;
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B. Dwelling units shall have at least one fifteen (15) ampere branch
electric circuit for each six hundred (600) square feet of
dwelling unit floor area;
C. Every habitable room shall have at least one floor or wall-type
electric convenience outlet for each sixty (60) square feet or
fraction thereof of total floor area, and in no case less than two
such electric outlets. Temporary wiring, extension cords, or drop
cords shall not be used as permanent wiring. In cases where more
than two outlets are required, one ceiling or wall-type light
fixture may be substituted for one required outlet. Required
outlets shall, insofar as possible, be spaced equal distances
apart;
D. Every water closet compartment, bathroom, kitchen, laundry room,
and furnace room shall contain at least one supplied ceiling or
wall-type electric light fixture and every bathroom and laundry
room shall contain at least one electric convenience outlet;
E. Every public hall and stairway in every multiple family dwelling
shall be adequately lighted by natural or electric light at all
times, so as to provide illumination having an intensity of not
less than one foot candle at floor level to all parts thereof.
The lights in the public hall and stairway of dwellings containing
not more than two dwelling units may be controlled by conveniently
located switches instead of full-time lighting;
F. A convenient switch for turning on a light in each dwelling unit
shall be located near the principal point of entrance to such
unit. A patio door entrance may be exempt if it is not a
principal entrance.
G. If provided, exterior electrical outlets shall be weather proofed.
No electrical drop cords, extension cords, or electrical wires
shall extend across a walkway or driveway, or otherwise create a
hazard to pedestrians or vehicles.
4. Minimum Heating Standards
A. All dwellings shall have primary heating facilities which are
properly installed and maintained in a safe, efficient working
condition and which are capable of maintaining a minimum indoor
temperature of 68 degrees F. at an outside temperature of -20
degrees F. at 36 inches above the floor in all habitable rooms,
bathrooms, and water closet compartments in every dwelling unit
located therein.
B. Gas or electric appliances designed specifically for cooking or
water heating purposes, and portable heating equipment, shall not
be considered primary heating facilities within the meaning of
this section.
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C. No owner or occupant shall install, operate, or use a heater
employing a flame that is not installed and maintained in
accordance with manufacturer's specifications and applicable City
and State Codes.
D. Whenever the occupant lacks direct control over the primary
heating facility to his/her dwelling unit, it shall be the
responsibility of the owner to maintain minimum heating standards
as set forth above.
5. Water Heating Standards: Every dwelling unit shall have supplied water
heating facilities which are installed in an approved manner, properly
maintained, and which are capable of heating water to such a temperature
as to permit an adequate amount of water to be drawn at every required
kitchen sink, lavatory basin, bathtub, shower, and laundry facilities,
or other similar units at a temperature of not less than one hundred ten
degrees (110) Fahrenheit, forty-six degrees (46) Celsius, at any time
needed. Water temperatures shall comply with but not exceed the
standards stipulated in the most recently-adopted Minnesota Energy Code.
6. Minimum Natural Light and Ventilation Standards: Every habitable room
shall have window area of no less than eight percent (8%) of the floor
area and at least one window facing directly outdoors which can be
opened easily. At minimum, the total openable window area of every
habitable room shall be four percent (4%) of the floor area of the room,
and in no case less than four (4) square feet. In lieu of natural
ventilation, a mechanical ventilating system may be provided which is
capable of providing two air changes per hour, with twenty percent (20%)
of the air supply taken from the outside. Every bathroom and water
closet compartment shall have at least fifty percent (50%) of the
openable window requirement otherwise appropriate for the floor area,
except that no windows shall be required if such rooms are equipped with
an exhaust fan connected directly to the outside, capable of providing
five (5) air changes per hour. For the purpose of determining light and
ventilation requirements, any room may be considered as a portion of an
adjoining room when one-half of the area of the common wall is open and
unobstructed and provides an opening of not less than one-tenth of the
floor area of the interior room or twenty-five (25) square feet,
whichever is greater. Windows shall not be required in kitchens of
dwelling units when such kitchen has an opening of at least twenty (20)
square feet into an adjoining habitable room and when such kitchen is
provided with an approved mechanical ventilation system. In addition,
the window area of the adjoining habitable room referred to above shall
be of sufficient size so as to provide for the light and ventilation
requirements of the kitchen area as well as for said adjoining habitable
room.
7. Minimum Structural Standards
A. Floors, Interior Walls, and Ceilings: Every floor, interior wall,
and ceiling shall be adequately protected against the passage and
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harborage of vermin, rodents, and insects. Every floor shall be
free of loose, warped, protruding, or rotted flooring materials
and all floor covering shall be maintained in good condition.
Every interior wall and ceiling shall be free of holes and large
cracks, loose plaster, and blistered paint and shall be maintained
in good condition. Lead based paints classified toxic to children
shall not be used on wall or molding surfaces. Every toilet room,
bathroom, and kitchen floor surface shall be easily cleanable and
maintained in good condition.
B. Stairways, Porches, and Balconies: Every stairway, inside or
outside of a dwelling, and every porch or balcony, shall be kept
in safe condition and sound repair. Every flight of stairs and
every porch and balcony floor shall be free of structural
deterioration. Every stairwell and every flight of stairs which
is more than three risers high shall have at least one handrail
approximately thirty to thirty-eight (30-38) inches high, measured
vertically from the nose of the stair tread to the top of the
handrail. All unenclosed floor and roof openings, open and glazed
sides of landings and ramps, balconies or porches which are more
than thirty (30) inches above grade or floor below, and roofs used
for other than service of the building shall be protected by a
guardrail; guardrails shall be not less than thirty-six (36)
inches in height. Open guardrails and open stair railings on
unenclosed stairways shall have intermediate rails such that a
sphere six (6) inches in diameter cannot pass through. Every
handrail and balustrade shall be firmly fastened and maintained in
good condition. A flight of stairs which has settled out of its
intended position, or pulled away from the supporting or adjacent
structures enough to cause a hazard, must be repaired. No flight
of stairs shall have rotting, loose, or deteriorating supports.
Excepting spiral and winding stairways, the treads and risers of
every flight of stairs shall be uniform in width and height.
Stairways shall be capable of supporting loads that normal use may
cause to be placed thereon. The minimum dimensions that will be
accepted for existing stairways are as follows: rise not to
exceed eight (8) inches in height, run of treads to be not less
than nine (9) inches in depth.
C. Windows, Doors, and Screens: Every window, exterior door, and
hatchway shall be substantially tight and shall be kept in sound
condition and repair. Every window, other than a fixed window or
storm window, shall be capable of being easily opened. Every
window or other device with openings to outdoor space which is
used or intended to be used for ventilation shall be supplied with
sixteen (16)-mesh screens. All windows on basement and first
floor levels shall have proper locking devices to prevent opening
from the outside. All doors and door and window frames shall be
free of blistered paint and shall be maintained in good condition.
All door and window hardware and locks shall be functional and be
maintained in good condition.
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D. Safe Building Elements: Every roof, floor, every porch and
balcony, stairway, and every appurtenance thereto, shall be safe
to use and capable of supporting loads that normal use may cause
to be placed thereon.
E. Access to Dwellings: Access to and egress from each dwelling
shall be provided by at least one doorway that is a minimum of
thirty-six (36) inches wide and eighty (80) inches high and
otherwise complies with the fire exit provisions of the City's
Fire Code.
F. Minimum Ceiling Height: The ceiling height of any habitable room
shall be at least seven (7) feet; except that in any habitable
room under a sloping ceiling, at least one-half of the floor area
shall have a ceiling height of at least seven (7) feet, and the
floor area of that part of such a room where the ceiling height is
less than five (5) feet shall not be considered as part of the
floor area in computing the total floor area of the room for the
purpose of determining the maximum permissible occupancy.
G. Rooms Below Grade: A room located partly or wholly below grade
may be used as a habitable room of a dwelling unit provided all of
the requirements of this Ordinance are met. If a room below grade
is used for sleeping purposes, an emergency escape or egress must
be provided. Acceptable means of egress include:
(1) Escape or rescue window with a minimum net clear openable
area of 5.7 square feet. The minimum net clear openable
height dimension shall be 24 inches. The minimum net clear
openable width dimension shall be 20 inches. The finished
sill height shall not exceed 44 inches above the floor.
(2) Exterior-type door or hatch meeting the same minimum
requirements as specified in 220.10.07. (G) . (1) .
H. Door Locks and Security: All doors leading to public or shared
areas from all dwelling units shall be provided with a single
cylinder deadbolt lock, which must be capable of being locked from
the exterior of said unit. For the purpose of this section, a
"deadbolt lock" is a locking bolt, which, when in the locked
position, can only be moved positively by turning a knob, key, or
sliding bolt. Deadbolt locks having a bolt moved by turning a key
shall be of the five-pin tumbler type or an approved equivalent.
Lock throw shall be not less than three-quarters inch (3/4") .
Locks shall meet the requirements of the most current U.B.C.
8. Minimum Interior Standards
A. Kitchen Facilities: Every kitchen in every dwelling unit shall
include the following:
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(1) A kitchen sink in good working condition and properly
connected to an approved water supply system. It shall
provide at all times an adequate amount of heated and
unheated running water under pressure and be connected to an
approved sewer system.
(2) Cabinets and/or shelves for the storage of eating, drinking,
and cooking equipment and utensils, and of food that does
not require refrigeration for safekeeping; and a counter or
table for food preparation. Said cabinets and/or shelves
and counter or table shall be adequate for the permissible
occupancy of the dwelling unit and shall be of sound
construction furnished with surfaces that are easily
cleanable and that will not impart any toxic or deleterious
effect to food.
(3) A stove and a refrigerator which are properly installed with
all necessary connections for safe, sanitary, and efficient
operation. Provided that such stove, refrigerator, or
similar devices need not be installed when a dwelling unit
is not occupied and when the occupant is expected to provide
same on occupancy, in which case sufficient space and
adequate connections for the installation and operation of
said stove, refrigerator, or similar devices must be
provided.
B. Toilet Facilities: Within every dwelling unit, there shall be a
nonhabitable room with an entrance door which affords privacy to a
person within said room and which room is equipped with a flush
water closet in good working condition. Said flush water closet
shall be equipped with easily cleanable surfaces, shall be
connected to an approved water system that at all times provides
an adequate amount of running water under pressure to cause the
water closet to be operated properly, and shall be connected to an
approved sewer system.
C. Lavatory Sink: Within every dwelling unit, there shall be a
lavatory sink. Said lavatory sink may be in the same room as the
flush water closet, or if located in another room, the lavatory
sink shall be located in close proximity to the door leading
directly into the room in which said water closet is located. The
lavatory sink shall be in good working condition and shall be
properly connected to an approved water system and shall provide
at all times an adequate amount of heated and unheated running
water under pressure, and shall be connected to an approved sewer
system.
D. Bathtub or Shower: Within every dwelling unit, there shall be a
nonhabitable room which affords privacy to a person within said
room and which is equipped with a bathtub or shower in good
working condition. Said bathtub or shower may be in the same room
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as the flush water closet, or in another room, and shall be
properly connected to an approved water supply system and shall
provide at all times an adequate amount of heated and unheated
water under pressure, and shall be connected to an approved sewer
system.
9. Minimum Standards for Pest Extermination
A. All openings in the exterior walls, foundations, basements, ground
or first floors, and roofs shall be rodent-proofed in a manner
approved by the Compliance Official.
B. All windows used or intended to be used for ventilation, all other
openings, and all exterior doorways which might provide an entry
for rodents and insects, shall be supplied with adequate screens
or such other devices as will effectively prevent the entrance of
rodents and insects into the structure.
C. All sewers, pipes, drains, or conduits and openings around such
pipes and conduits shall be constructed to prevent the ingress or
egress of rodents and insects to or from a building.
D. Interior floors of basements, cellars, and other areas in contact
with the soil shall be rodent-proofed in a manner approved by the
Compliance Official.
E. The owner or operator of a dwelling unit shall be responsible for
the extermination of rodents, insects, or other vermin on the
premises.
10. Minimum Energy Standards
Weatherization Requirements: All dwellings which are renter occupied during
all or a portion of the months of November through April shall comply with the
following weatherization requirements:
A. Install weatherstripping between exterior operable window sash and
frames and between exterior doors and frames. Weatherstripping is
not required on storm doors or storm windows.
B. Caulk, gasket, or otherwise seal accessible exterior joints
between foundation and rim joist; around window and door frames;
between wall and roof; between wall panels; at penetrations for
utility services through walls, floors and roofs, and all other
openings in the exterior envelope.
C. Install storm windows on all single glazed exterior window units
enclosing conditioned space.
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D. Install storm doors on all exterior door openings into conditioned
spaces unless a single door, enclosed porch, vestibule, or other
appurtenance provides a double door effect or provides an "R"
value of two (2) or more.
E. Install positive shut-offs for all fireplaces or fireplace stoves,
unless an existing damper provides a positive shut-off.
F. Install insulation in accessible attics to achieve a minimum total
"R" value of the insulation of R-19. If there is insufficient
space for the installation of the recommended "R" value, then the
available space shall be insulated to capacity.
G. Install insulation in accessible walls and floors enclosing
conditioned spaces to achieve a minimum total "R" value of the
insulation of R-11 when there is no insulation in a substantial
portion of the exterior walls or floors over an unconditioned
space. Accessible walls shall not include above grade foundation
walls of basements. If there is insufficient space for the
installation of the recommended "R" value, then the available
space shall be insulated to capacity.
11. Occupancy Standards
Notwithstanding any private agreements between the landlord and occupant
providing for more restrictive occupancy standards, the maximum occupancy
standards shall be:
A. No more than one family shall occupy a dwelling unit; and
B. The maximum number of occupants in any rental dwelling unit shall
not exceed the total of two times the number of bedrooms and the
living room.
220.11. HAZARDS
The following are considered immediate hazards to the health, safety, and
general welfare of the occupant.
1. Heating systems that are unsafe due to: burned out or rusted out heat
exchangers (fire box) ; burned out, rusted out, or plugged flues; not
being properly vented; being connected with unsafe gas piping; or
failing to meet the minimum heating standards set forth in Section
220.10.04.
2. Water heaters that are unsafe due to: burned out or rusted out 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 properly installed and maintained temperature and pressure relief
valve.
Page 20 - Ordinance No. 1033
3. Electrical systems that are unsafe due to: dangerous overloading;
damaged or deteriorated equipment; improperly taped or spliced wiring;
exposed uninsulated wires; distribution systems of extension cords or
other temporary methods; or ungrounded systems or appliances.
4. Plumbing systems that are unsanitary due to: sewer backups; leaking
waste system fixtures and traps; lack of water closet; lack of washing
and bathing facilities; or cross connections of potable water supply and
sewer lines.
5. Structural systems, walls, chimneys, ceilings, roofs, foundations and
floor systems that will not safety carry imposed loads.
6. Refuse, garbage, human waste, decaying vermin, or other dead animals, or
other materials rendering it unsanitary for human occupancy.
7. Infestation of rodents, insects, vermin, and/or other pests.
220.12. FIRE SAFETY
1. Fire Exits.
A. A11 dwellings shall have required fire exits, maintained in fully
operable condition, and readily accessible to occupant, as per the
governing Building Code.
B. All exit stairways in multiple dwellings or condominiums having
more than two (2) occupied levels shall be separated from each
other by a substantial separation of at least a one hour fire
resistance rating as detailed in the most recent edition of the
U.B.C. , or other approved one hours assembly.
C. All multiple dwellings or condominiums having more than one two
(2) levels and the lowest level is at an elevation less than grade
and having the exit at grade level shall provide a substantial
barrier constructed and placed so as to prevent a person from
proceeding down the stairs to a level lower than the level of
exit.
D. All multiple dwellings or condominiums with 25 or more dwelling
units shall provide emergency lighting in the exit ways,
corridors, and systems in accordance with Chapter 5-1021 of the
N.F.P.A. Std. 101.
2. Automatic Alarms.
A. All multiple dwellings and condominiums having an excess of four
(4) dwelling units shall provide a manually operated fire alarm
system capable of alerting all the occupants of the structure.
Each such alarm system shall be activated by a manual pull station
located at each exit door and by an automatic device located in
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the utilities and/or room in which the primary heating system is
located. Such device shall be a smoke detector, detecting
products of combustion other than heat, and bearing the approval
of the Underwriters Laboratories or Factory Mutuals Testing
Service for such service, or the International Conference of
Building Officials.
B. Every dwelling unit with a dwelling or condominium shall be
provided with a smoke detector, detecting products of combustion
other than heat, and conforming to the requirements of the
Underwriters Laboratories or approved by the International
Conference of Building Officials. When actuated, the detector
shall provide an alarm in the dwelling unit.
3. Fire Protection System.
All fixed and portable fire protection systems and appliances must be
accessible and maintained for immediate emergency use.
4. Prohibiting Inside Connection of External Appliances.
It shall be unlawful for an owner of a residential rental property or
condominium to allow electrical drop cords, extension cords or any electrical
wire to run from any electrical outlet from inside the dwelling or dwelling
unit for service to an electrical appliance outside of the dwelling or
dwelling unit.
220.13. LICENSING
1. No person shall operate, let, or cause to be let, a rental dwelling unit
without first having obtained a license to do so from the City of
Fridley as hereinafter provided. Upon receipt of a properly executed
application for licensing, the Compliance Official and/or his/her
designated agent may cause an inspection to be made of the premises to
determine whether the structure is in compliance with this Ordinance,
other Fridley ordinances, and the laws of the State of Minnesota. Each
such operating license shall be issued annually and shall expire on the
anniversary date of issuance. License renewal shall be filed at least
thirty (30) days prior to license expiration date. Every rental
dwelling may be reinspected after a renewal application is filed to
determine if the premises still conforms to all applicable ordinances
and codes.
2. Conformance
No operating license shall be issued or renewed unless the residential rental
property or condominium conforms to the provisions of this Chapter, the
ordinances of the City, and the laws and regulations of the State of
Minnesota.
Page 22 - Ordinance No. 1033
3. Fees
A. The annual license fee shall be as provided in Chapter 11 of the
City Code.
B. At the time that a third inspection of a dwelling or dwelling unit
is needed for an uncorrected violation, a reinspection fee shall
be charged to the owner. The reinspection fee shall be sixty
dollars ($60.00) for each reinspection needed after the initial
inspection and the second inspection. No license shall be issued
until all outstanding reinspection fees have been paid. If a
dwelling or dwelling unit is licensed, the license may be revoked
or suspended in the manner described in Section 220.13.09.
C. In order to restore a license for a rental dwelling or dwelling
unit which has had its license revoked or suspended, the license
application shall be accompanied by the license fee equal to one
hundred and fifty percent (150%) of the annual license fee as
provided in Chapter 11.
D. A fee of twenty-five dollars ($25.00) shall be paid when filing
the license Transfer Form as required in Section 220.13.08.
4. Owner, Agent, or Operator to Apply.
License application or renewal shall be made by the owner of rental units or a
legally constituted agent or operator. Application forms may be acquired from
and subsequently filed with the Compliance Official. The applicant shall
supply the following:
A. Name, address, and telephone number of the dwelling owner;
partners of a partnership; corporate officers of a corporation.
The City must be notified in writing within five (5) days of any
change of address.
B. Name, address, and telephone number of designated agent or
operator. The City must be notified in writing within five (5)
days of any change of address.
C. Name, address, and telephone number of vendee if dwelling is being
purchased through a contract for deed or mortgage (name of lender
or financial institution holding mortgage) .
D. Legal description and address of dwelling.
E. Number of units in each rental dwelling and the type of units (one
(1) bedroom, two (2) bedroom, etc. . .) within each of the rental
dwellings.
F. The number of paved off-street parking spaces available (e.g.
enclosed parking spaces, exterior parking spaces, and handicap
parking spaces) .
Page 23 - Ordinance No. 1033
G. Description of procedure through which tenant inquires and
complaints are to be processed.
5. Agents for Emergency Repairs Required.
No operating license shall be issued or renewed for a nonresident owner of
rental dwelling units unless such owner designates in writing to the
Compliance Official the name of his/her resident agent or operator who is
responsible for maintenance and upkeep and who is legally constituted and
empowered to institute emergency repairs of the rental dwelling unit. The
Compliance Official shall be notified in writing of any change of resident
agent.
6. Inspection.
The Inspection Department shall set up a schedule of periodic inspections to
ensure City-wide compliance with this Chapter. The Compliance Official shall
provide reasonable notice to the owner or operator as to the date and time of
the inspection. Every occupant of a dwelling unit shall give the owner or
operator thereof, or his/her agent or employee, access to any part of such
dwelling unit, or its premises, at reasonable times for the purpose of
effecting inspection, maintenance, repairs, or alterations as are necessary to
comply with the provisions of this Ordinance. If any owner, operator,
occupant, or other person in charge of a dwelling or dwelling unit fails or
refuses to permit free access and entry to the structure or premises under
his/her control for an inspection pursuant to this Ordinance, the Compliance
Official may seek a court order authorizing such inspection.
7. Posting of License.
Every license of a multiple dwelling shall cause to be conspicuously posted in
a frame with transparent protective covering in the main entry way or other
conspicuous location therein the current license for the respective multiple
dwelling.
8. License Transferability.
No operating license shall be transferable to another person or to another
rental dwelling without written approval of the Compliance Official. A
license issued hereunder is transferable providing that the new owner,
partners, or corporate officers submit to the Compliance Official within five
(5) business days after legally acquiring ownership of the licensed rental
dwelling(s) , a License Transfer Form (supplied by the City) , along with the
required transfer fee. Failure to submit the license transfer form and the
transfer fee shall result in the termination of the rental license.
9. License Suspension or Revocation.
A. Notification. Prior to suspension or revocation, the licensee (or
his/her designated agent) and all occupants of units potentially
subject to suspension or revocation, shall be notified in writing
Page 24 - Ordinance No. 1033
pursuant to Section 220.15 of this Chapter at least twenty (20)
days prior to a hearing on the matter.
B. Hearing. A hearing shall be held before the Council or a hearing
examiner appointed by the Council. The hearing shall be conducted
to meet the licensee and occupant's due process rights, including:
(1) Allowing interested parties the right of legal
representation, the right to present evidence, witnesses,
and to cross-examine all adverse witnesses, and
(2) Making a complete record of all proceedings, including
findings of fact and conclusions of law.
C. Suspension or Revocation. Every operating license issued under
the provisions of this ordinance is subject to suspension or
revocation for the entire rental dwelling or for individual rental
dwelling units, by the City Council, should the licensee fail to
operate or maintain the licensed rental dwelling(s) and dwelling
units therein consistent with the provisions of this Chapter, all
applicable ordinances of the City, and the laws and regulations of
the State of Minnesota.
An operating license may also be suspended or revoked for any of
the following reasons:
(1) The license was procured by misrepresentation of material
facts, by fraud, by deceit, or by bad faith.
(2) The applicant or one acting in his/her behalf made oral or
written misstatements or misrepresentations or material
facts in or accompanying the application.
(3) The licensee or applicant has failed to comply with any
condition set forth in any other permits granted by the City
of Fridley.
(4) The activities of the licensee in the licensed activity
create or have created a serious danger to the public
health, safety, or welfare.
(5) The licensed business, or the way in which said business is
operated, maintains or permits conditions that injure,
annoy, or endanger the safety, health, morals, comfort, or
repose of any member of the public.
E. Effect of Suspension or Revocation. In the event that an
operating license is suspended or revoked by the City Council
under Sections 220.7 to 220.12, it shall be unlawful for the owner
or his/her duly authorized agent to thereafter permit any new
occupancies of vacant, or thereafter vacated rental units, until
Page 25 - Ordinance No. 1033
such time as a valid operating license is restored to the affected
units. Issuance of a new license after suspension or revocation
shall be made in the manner provided for obtaining an initial
license.
10. Posted to Prevent Occupancy.
Whenever any dwelling or dwelling unit has been denied a license, has had its
operating license suspended or revoked pursuant to Section 220.14, or is unfit
for human habitation, it shall be posted with a placard by the Compliance
Official to prevent further occupancy. No person, other than the Compliance
Official or his/her representative, shall remove or tamper with any placard
used for posting. The Compliance Official will post on the placard the date
that the vacancy shall become effective. On or after the placard vacancy
date, no person shall reside in, occupy, or cause to be occupied any dwelling
or dwelling unit which has been posted to prevent occupancy.
11. Failure to Obtain License.
If it is determined that a rental dwelling unit is being operated without a
valid license, an immediate inspection shall be conducted. It shall be
unlawful for an owner, designated agent or operator, after notice sent first
class mail, to continue operation of a rental dwelling unit without submitting
an application for a license under this Chapter, along with the necessary
license fee. Once an application has been made, it shall be unlawful for the
owner, or his/her duly authorized agent, to permit any new occupancies of
vacant, or thereafter vacated rental units until such time as the license is
issued.
12. Issuance of Rental License.
If the rental dwelling is in compliance with all applicable ordinances of the
City and the laws and regulations of the State of Minnesota, a license shall
be issued to the present owner or his/her designated agent. If the City finds
that the circumstances of the occupancy following the issuance of the license
involve possible Code violations, substandard maintenance, or abnormal wear
and tear, the City may reinspect the premises during the licensing period.
220.14. CONDUCT ON LICENSED PREMISES
1. It shall be the responsibility of the licensee to take appropriate
action following conduct by occupant(s) or guests of the occupant(s)
which is in violation of any of the following statutes or ordinances:
A. Minn. Stat. SS 609.75 through 609.76, which prohibit gambling.
B. Minn. Stat. SS 609.321 through 609.324 which prohibit prostitution
and acts relating thereto;
C. Minn. Stat. SS 152.01 through 152.025, and S 152.027, subds. 1 and
2, which prohibit the unlawful sale or possession of controlled
substances;
Page 26 - Ordinance No. 1033
D. Minn. Stat. S 340A.401, which regulates the unlawful sale of
alcoholic beverages;
E. Minn. Stat. S 609.33, which prohibits owning, leasing, operating,
managing, maintaining, or conducting a disorderly house, or
inviting or attempting to invite others to visit or remain in a
disorderly house;
F. Minn. Stat. SS 97B.021, 97B.045, 609.66 through 609.67 and 624.712
through 624.716 and Chapter 103 of the City Code, which prohibit
the unlawful possession, transportation, sale or use of weapon; or
G. Minn. Stat. S 609.72, which prohibits disorderly conduct.
H. Fridley City Code 124.07, prohibiting public nuisance noises, and
Chapter 110 of the City Code prohibiting public nuisances.
I. Minn. Stat. SS 609.221, 609.222, 609.223, 609.2231, and 609.224
regarding assaults in the first, second, third, fourth, and fifth
degree.
2. The Public Safety Director or his/her designee shall be responsible for
enforcement and administration of this section.
3. Upon determination by the Public Safety Director that a licensed
premises or a dwelling unit was involved in a violation of subsection
(1) , the Public Safety Director shall notify the licensee by first class
mail of the violation and direct the licensee to take steps to prevent
further violations. A copy of said notice shall be sent by first class
mail to the occupant in violation of subsection (1) .
4. Upon a second violation within twelve (12) months of subsection (1)
involving a guest of or an occupant of a dwelling unit, the notice
provided under subsection 3 of this section shall require the licensee
to submit a written report of the action taken to prevent further
violations on the premises. This written report shall be submitted to
the Public Safety Director within five (5) days of request of said
report and shall detail all actions taken by the licensee in response to
all notices regarding violations to subsection (1) within the preceding
twelve (12) months. If the licensee fails to comply with the
requirements of this subsection, the rental dwelling license for the
individual rental unit, may be denied, revoked, suspended, or not
renewed. An action to deny, revoke, suspend, or not renew a license
under this section shall be initiated by the City
Council at the request of the Public Safety Director in the manner
described in Section 220.13.09.
5. If a third or subsequent violation of subsection (1) involving a guest
of or an occupant of a dwelling unit occurs within twelve (12) months
after any two (2) previous instances for which notices (pursuant to this
section) were sent to the licensee regarding the same dwelling unit, the
Page 27 - Ordinance No. 1033
rental dwelling license for the individual rental unit, may be denied,
revoked, suspended, or not renewed. An action to deny, revoke, suspend,
or not renew a license under this section shall be initiated by the City
Council at the request of the Public Safety Director in the manner
described in Section 220.13.09.
6. No adverse license action shall be imposed if the violation to
subsection (1) occurred during the pendency of eviction proceedings
(unlawful detainer) or within thirty (30) days of notice given by the
licensee to an occupant to vacate the premises, where the violation was
related to conduct by that occupant, other occupants, or the occupant's
guests. Eviction proceedings shall not be a bar to adverse license
action, however, unless they are diligently pursued by the licensee.
Further, an action to deny, revoke, suspend, or not renew a license
based upon violations of this section may be postponed or discontinued
at any time if it appears that the licensee has taken appropriate
measures which will prevent further violations to subsection (1) .
7. A determination that the licensed premises or dwelling unit has been
used in violation of subsection (1) shall be made upon substantial
evidence to support such a determination. It shall not be necessary
that criminal charges be brought to support a determination of violation
to subsection (1) , nor shall the fact of dismissal or acquittal of
criminal charges operate as a bar to adverse license action under this
section.
220.15. COMPLIANCE
1. The City Manager shall designate the Compliance Official to administer
and to enforce the provisions of this Chapter. The Compliance Official
is hereby authorized to cause inspections on a scheduled basis and/or
when reason exists to believe that a violation of this Chapter has been
or is being committed.
2. Whenever the City determines that any dwelling or dwelling unit fails to
meet the provisions of Sections 220.07 through
220.12 of this Chapter, the City may issue a compliance order setting
forth the violations of the Chapter and ordering the owner, agent,
operator, or occupant to correct such violations. This compliance order
shall:
A. Be in writing.
B. Describe the location and nature of the violations of this
Chapter.
C. Specify a reasonable time in which violations must be corrected.
D. Be served on licensee. Service shall be sufficient if personally
served, posted in a conspicuous place on or about the premises, or
if mailed by first class mail to the licensee's last known address
on file pursuant to Section 220.13.04.
Page 28 - Ordinance No. 1033
3. The Compliance Official may investigate complaints relating to the
rental dwelling or dwelling unit. The Compliance Official may request
the occupant to notify the owner or agent about the compliant. The
Compliance Official shall contact the owner or agent to verify that the
owner or agent is aware of the complaint. If deemed necessary by the
Compliance Official, an inspection of the unit may be conducted to
determine if there are violations to this Chapter and other applicable
ordinances of the City and the laws and regulations of the State of
Minnesota. If the inspection reveals that an ordinance or code
violation exists, the Compliance Official shall notify the owner or
agent pursuant to subsection (2) . Unless the correction or repair is an
emergency case as regulated in Section 220.17, the owner or agent shall
comply with the timeframes established in the Compliance Order; it is
not expected that repairs or corrections are completed within twenty-
four (24) hours.
220.16. EMERGENCY CASES
When a violation of Section 220.11 of this Chapter constitutes an imminent
peril to life, health, safety, or property, the City may require immediate
compliance and, if necessary, take appropriate action to correct the
violation.
220.17. COLLECTION OF RECYCLABLES
Every owner of a multiple dwelling of 13 or more units or other units not
serviced under the City contract for recycling services
shall arrange and contract for at least monthly collection of recyclables to
include at least newsprint, glass (food and beverage) , aluminum, steel, and
tin cans, and corrugated cardboard. A copy of the owner's contract for
recycling services shall be submitted to the City in conjunction with the
annual renewal of the rental license.
220.18. UNFIT FOR HUMAN HABITATION
1. Declaration.
Any structure dwelling or dwelling unit which is damaged, decayed,
dilapidated, unsanitary, unsafe, infested, or which lacks provision for
illumination, ventilation, or sanitary facilities to the extent that the
defects create a hazard to the health, safety, or general welfare of the
occupants or to the public may be declared unfit for human habitation.
Whenever any structure dwelling or dwelling unit has been declared unfit for
human habitation, the City shall order same vacated within a reasonable time
and shall post a placard on same indicating that it is unfit for human
habitation and any operating license previously issued for such structure
dwelling or dwelling unit shall be revoked.
2. Vacated Dwelling.
It shall be unlawful for a vacant structure dwelling or dwelling unit, which
Page 29 - Ordinance No. 1033
has been declared unfit for human habitation, as provided above, to be used
for human habitation until the defective conditions have been corrected and
written approval has been issued by the City. It shall be unlawful for any
person to deface or remove the declaration placard from any such structure
dwelling or dwelling unit.
3. Secure Unfit and Vacated Dwellings.
The owner of any structure dwelling or dwelling unit, which has been declared
unfit for human habitation, or which is otherwise vacant for a period of 60
days or more, shall make same safe and secure so that it is not hazardous to
the health, safety, or general welfare of the public and does not constitute a
public nuisance. Any vacant dwelling or dwelling unit open at doors or
windows, if unguarded, shall be deemed to be a hazard to the health, safety,
and general welfare of the public and a public nuisance within the meaning of
this Chapter.
4. Hazardous Building Declaration.
In the event that a dwelling or dwelling unit has been declared unfit for
human habitation and the owner has not remedied the defects within a
prescribed reasonable time, then it may be declared a hazardous building and
treated consistent with the provisions of Minnesota Statutes, Sections 463.15-
463.261.
220.19. EXECUTION OF COMPLIANCE CODES
Upon failure to comply with a compliance order within the time set and no
appeal having been taken, the City Council may, by resolution, cause the cited
deficiency to be remedied as set forth in the compliance order. The cost of
such remedy shall be placed against the subject property and may be levied and
collected as a special assessment in the manner provided by Minnesota
Statutes, Chapter 429.
220.20. APPEAL
When it is alleged by any person to whom a compliance order is directed that
such compliance order is based upon erroneous interpretation of this Chapter,
such person may appeal the compliance order as provided under Chapter 6 of the
City Code. The filing of an appeal shall stay all proceedings, unless such a
stay would cause imminent peril to life, health, safety, or property.
220.21. TRANSFER OF OWNERSHIP
Anyone securing an interest in the dwelling or dwelling unit which has
received a violation tag or compliance order shall be bound by the same
without further service of notice and shall be liable to all penalties and
procedures under this Chapter.
Page 30 - Ordinance No. 1033
220.22. NO WARRANTY BY CITY
By enacting and undertaking to enforce this ordinance, neither the City nor
its council, agents, or employers warrant or guarantee the safety, fitness, or
suitability of any dwelling in the City, and any representation to the
contrary by any person is a misdemeanor. Owners or occupants should take
whatever steps they deem appropriate to protect their interests, health,
safety, and welfare. A warning in substantially the foregoing language shall
be printed on the face of the license.
220.23. SEVERABILITY
Every section, provision, or part of this Chapter is declared separable from
every other section, provision, or part to the extent that if any section,
provision, or part of this Chapter shall be held invalid, such holding shall
not invalidate any
other section, provision, or part thereof.
220.24. PENALTIES
Any violation of this Chapter is a misdemeanor and is subject to all penalties
provided for such violations under the provisions of Chapter 901 of this Code.
It is a misdemeanor for any person to prevent, delay, or provide false
information to the Compliance Official, or his/her representative, while they
are engaged in the performance of duties set forth in this Chapter.
11. GENERAL PROVISIONS AND FEES
11.10. FEES
License and permit fees shall be as follows:
CODE SUBJECT FEE
220 Rental Dwelling Unit Single rental unit - $25
Two rental units - $50
Three units - $75
Four units - $100
Five or more units - $100
plus $5 per unit.
Reinspection Fee: $60.00
Transfer Fee: $25.00
License Fee after 150% times the annual license
Revocation or fee
Suspension:
Page 31 - Ordinance No. 1033
IIIPASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11TH DAY OF
JULY, 1994. .--X)P-°4?
WILLIAM J. NEE - OR
ATTEST:
A)A.Li/1.^. a . CIO/1p'.
WILLIAM A. CHAMPA - CITY 4LERIC
Public Hearing: March 7 and 21, 1994
First Reading: June 20, 1994
Second Reading: July 11, 1994
Publish: July 19, 1994
III
III