HomeMy WebLinkAbout2008 05-20 HCA AGENDA
BROOKLYN CENTER
HOUSING COMMISSION
May 20, 2008
7:00 p.m.
Council/Commission Room
Brooklyn Center City Hall
1. Call to Order: 7:00 p.m.
2. Roll Call
3. Approval of Agenda
4. Approval of Minutes -March 18, 2008 and
April 15, 2008
5. Chairperson's Report
6. Council Liaison Report
7. Presentations by Rental Strategy Teams
8. Other Business
9. Adjournment: 8:30 PM
Cl�' Of
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I�erital Housing Improvement Strategy Report
Draft May 13, 2008
Similar to many cities, Brooklyn Center started to see changes to the char "`rv�- of its residential neighborhoods
including the increase in single family rental properties. A growing nu caf concerns from residents were
being reported to staff, commissions and the City Council. Changes bei� influenced by demographics, the
housing market and foreclosure trends. In response, a multi-de y mgntal tea was established to develop a
strategy to address rental property issues and improve the quality f t`en�al properties.
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In order to determine the scope of issues surrounding renta R `�Ctie data was collected and analyzed to
determine the status and impact of rental propertie on the m��nity and the consumption of city resources.
Four prevailing factors were found to have a hig�t�de "ee of �luence on rental property issues- public policy
and legislation; communication, education and en age and public perception; and standards and
operations. Goals were established to ad se'� t9rs, and strategies and objectives were developed to
meet these goals.
Feedback from citizens, landlord associations, other stakeholders was obtained to ensure a comprehensive i
approach. A summary of the goals and strate ies is provided in this report. Action plans are attached which
further define the tasks required to meet the goals.
Vision:
All Brooklyn Center citizens will enjoy a healthy, safe and beautiful living environment.
Mission Statement:
To foster a cohesive and respectful community for all by insuring that single family and multi-family rer�al
communities are clean, safe, and attractive; valued and appreciated by owners, rental property residents-and
neighbors.
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Goal Two takes into account the importance of communicating community standards and
w expectations, providing education about the benefits associated with a healthy community, and
engaging every community member in being an ambassador for their neighborhood.
W Goal 2 Effective communication and citizen engagement rts will assure that all cultures and
generations of rental property owners, occup nd neighbors embrace community
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Strate 2-1 Modi existin outreac n a ement ro rams to encoura e reater
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citizen participatio .in enhan ental properties and neighborhoods.
Strategy 2-2 Review, enhance a LL op� ethods for communicating community
standards and value la ords, renters and neighbors.
Strategy 2-3 Develop leme n effective citizen reporting and work order system
which se rnal and external purposes.
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Strategy 2-4 De x d�nd implement city-wide multicultural outreach effort,
luding'' t ousing issues.
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Goal Four explores the internal operations of the city from a multi-disciplinary point of view. An in-
depth analysis of ordinances, policies and procedures is conducted with emphasis on achieving the
end and desired result of each action.
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4 Goal 4: City operations, policies and regulations will support and encourage well-cared for rental
01 properties, while promoting accountability and positive actions by owners and occupants.
ill r vi w r vi nd im I m n n ff ive and effi ient rental
Strate 4-1 The Cit w e e e se a e e t a e ect c
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V ro e re ulatory program.
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Strategy 4-2 The City of Brooklyn Center will develop comprehensive standards for
property maintenance.
Strategy 4-3 The City of Brooklyn Center will enhance enforcement efforts for
comprehensive property maintenance standards.
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Action P an
Goa 1- Pub ic Po icy Legis ative
Intentiona y �eft B ank
(Not completed due to lowest ranking priority strategies.)
Action P an
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Goal 2- Communication, Education, Engage
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Effective communication and citizen enga��ment
efforts will assu,r��e��hat all cultures and generations of
rental property ou�ne�r��� occupants, and neighbors
embrace communit�stan� ��1s, values and pride.
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Team Members
Becky Boie
Monique Drier
Tom Bublitz
1
The following is a summary of the analysis of current communicatian engagement efforts
relative to the objective of assuring "all cultures and generations of rental property owners,
occupants and neighbors embrace community standards, values and pride". The following
listing of evaluations is not presented in any specific priority. In the following summary format,
the particular communication and/or engagement is shown by the heading and the "bullet"
sentences represent the evaluation.
2. Effective communication and citizen engagement efforts will ensure that all cultures and
generations of rental owners, occupants, and neighbors embrace community standards,
values, and pride.
2.1. Modify existing outreach and engagement programs to encourage greater citizen
parricipation in enhancing renta/ properties and nei�ghborhoods.
2.1.1 Produce a report identifying and assessrn�g�effectiveness of current communication and
engagement efforts by December 31, 2007
The following is an evaluation of the current methoc�5�of cor�� nication based on the
Community Engagement Team's observations: °es
Association of Rental Managers
Low atter�dar�� at monthly ARM meetings.
Relian�e��n sta#f for organizational support and pro��ramming.
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Purpd �e�`and ob�e�E�ies of ARM not clear.
Single farriil� and mu`lti-cultural rental owners do not participate.
Practical and u�lu� ���'formation is presented at ARM meetings.
Neighborhood Watch Newsletter
Do not know if neig�i����'.hood watch newsletter gets to rental owners/managers.
Need to address issues (�rticles) relevant to rental community, including multi-
cultural owners/tenants
Address issue of translation of newsletter.
Joint Community Police Partnership (1CPP)
Overall JCPP is working effectively.
•"Training" may not reach rental community as much as needed.
Translation of documents is an ongoing need.
New Americans Acaderny (NAA)
Overall NAA is working effectively.
Academies may not be reaching rental communities. Academies could be
targeted to the rental community.
Expand Academies to include rental properties.
2
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Address city code issues at NAA meetings.
Have code enforcement officers at NAA meetings.
o(Currently 1 Session taught regarding city regulations, property codes,
etc.
Q& A Sessions at ESL/ELL Adult Education Center
Q& A sessions are working effectively.
This forum could be a vehicle to reach students regarding rental/tenant issues
including education on tenant responsibilities/rights and city code.
Address information from Police and City funct�c�t�s to educate New Americans.
Address rental and code issues at the Q& A�essions.
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Community Dialogues
Overall community dialogues are effective in educattng,�nulti-cultu�al
communit
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Focus has been on Liberian community. Program could ti"e�xpanded to focus on
additional ethnic groups.
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language line
Language Line is wor �n �ffectively in the police department.
Service not available to rest�off� departments.
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Business Watch a�
Business Watch has not been �'ully�����tve
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Additional businesses should b��ncluded.
Communication needs to be impraued e-mail list created and newsletter done
���a regular basis.
s usi» Watch is not directly linked �o rental community but could have some
relevance�`o� force issues.
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City Watch Newslette�
Cit is ori'��ited to owner occupied housing. Rental community not
mtentio,nally exc�uded but much of City Watch is not relevant to rental
commu;�t��,�r
City WatcF� dcae��not reach residents that do not speak/read English.
Rental Licensing Program
Program is divided with responsibilities between several city departments,
Administration, Police, Community Development, Assessing and Public Utilities.
Communication, understanding, coordination and execution of program
requirements are continuing to improve between the city departments
supporting the program.
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Elements of rental ordinance provisions may be unclear and difficult to inter ret.
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Ordinance requirements must reflect and match existing data (example is
provisional license crime data).
All rental owners/managers have not "bought in" to program requirements.
This is both an enforcement and communication/education issue.
Code Enforcement Program
Overall code enforcement is effective if compliance can be achieved without
court action.
Code enforcement is divided between police department and community
development, with other departments involved where initial complaints are
taken. Need to improve information coordination between all departments
involved including coordination of data bases for accessing and recording
property data.
Tenant/owner responsibilities�regarding code enforcement may sometimes be
unclear as understood by tenantsJowners.
2.1.2 Research options and models of citizen educa' i�pn�nc�engagement programs by
February 1, 2008.
Minneapolis neighborhood plan addresses is ue�`�'within subsection of each
neighborhood;aGea. Each plan deals specifically �rit�t,issues in that area, such as
code iss`ues;'rentals, foreclosures, crime, etc. Each plan is written up with duties
assigne to each re pective City department as well as what the neighbors can
do to improare their`�reas as welJ. Other cities such ag Bkav�nington, fagan,
Crystal, an� S�� Lau�� �ar`k�have similar programs and it seems to improve the
community eng��gement s artcl ds as well as improve the overall
communication b�,een the City��nd the neighborhoods.
It is our recommendatiott�:th.at an ado tion of a lan similar to Minnea olis'. Th
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community engagement t"am found that the reporting methods they used were
thorough and encompassed the elements of the community engagement
activities that we are seeking. We recommend modification more inclusive to
include all necessary City Departments.
2.1.3 Modify or recommend changes to current citizen education and engagement programs
by April 1, 2008.
It is our recommendation that the City hold at least two trainings/workshop per
year specific to rental needs to include licensing issues, inspections, crime, and
other livability issues.
Trainings/workshops to begin with license holders and then expand to tenant
trainings/workshops.
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City to consider providing incentives for attendance at trainings/workshops by
the rental community such as license holder/property owner.
These trainings can be scheduled and mailings can be done advising rental
license holders of the trainings/workshops.
Education will need to encompass diverse property owners. Translators may
need to be used. Documents will need to be translated.
Educate City workers on cultural competency issues as it relates to engaging with
diverse populations.
Break City into manageable areas (16 are proposed) to address issues in each
neighborhood. (Attachment A)
A representative from each City department will be available to address
neighborhood i'ssues at various scheduled meetings.
Each neighborhood, through the watch captain, will receive a separate report to
clarify and find solutions to problems�in each of the 16 areas.
Propose five neighborhood area rneetings per year. Neighborhoods will be
ranked according to calls for service rental issues, code issues, foreclosure issues
and neighbor concerns. ��H���
New Americans Academy—organize and�faci� tate in collaboration with property
managers this model at larger apartmen� ctar�plexes in the City.
Work with appropriate staff to develop mode��or ARM organization and
structure
Work with�designated lead staff to develop mode7�or communication of Rental
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Prograrrt`aimed at�:andlords.
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Develop plan for cool-�dinating departmental roles in code enforcement.
Create c�;�nforcem.e.nt communications for landlords and tenants.
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2.1.4 Ir�a ement recommended changes to prog�am by September 1, 2008.
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2.2 Review andei�eu,elop methods for communicating community standards and values to
landlords, renters; pnd neighbor5 �h:
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2.2.1 Identify and assess effectiveness of current programs by December 31, 2007.
See above assessment under program headings for effectiveness of each
respective program.
2.2.2 Research options and models of citizen education and engagement programs by
February 1, 2008.
See above assessment under program headings for effectiveness of each
respective program.
5
2.2.3 Implement recommended changes for new and enhanced communications and
education programs by Apri) 1, 2008.
See above assessment under program headings for effectiveness of each II
respective program.
2.3 Develop and implement an effective citizen reporting and work order system which serves
both interna/ and externa! purposes.
2.3.1 Research available software programs and chose a sys#em by October 1,1007.
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GovQA is the program that permits mari��sages th internally and externally,
from service requests to frequently asked questions�FtiA4's). It will also allow us
to send newsletters and other information through t�is�site.
2.3.2 Implement program for internal use by February 15, 2008 y
GovQA—will start Ma =��8 for a soft roll out.
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2.3.3 Launch program for public use b.Apnl 1,�°'ZOp8,
Soft roll out is May 1, 2008
Public is June 2008. �y
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Propose to add all communicatian�fforts/reports of neighborhood meeting on
�h.e website.
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Please�r�o�e that the evaluations presented in this document represent the observations of the
Commu�r�a"��'y Engagement S� ategy Team members based on their assessment. While some of
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the evalua'tidn� may include i;r���t from city person�nel involved in administering and managing
the programsJcommunications �i�ed, no objective evaluation tools or standardized
measurement tools �rvere created or used in the evaluations included here. The team members
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also realize that the p�ro,grams/communications listed here are continually changing and
evolving and that this evaluationymay not capture all activities or elements contained in them.
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Action Plan
Draft May 14, .2008
Goal 3- Image Public Perception
Brooklyn Center will be recognized for it's diverse high quality
rental housing in an attractive,maintained, and well-managed
city.
Ima�e Public Perceation Action Team
John Harlow
Kristi Commers
Susan Myles
The following findings and recommendations are a summary and analysis of research,
interviews and statistics collected by the Image and Perception Strategy Team; their
assessment of the strategies: "maintain and improve public property and infrastructure in a
safe, clean and appealing condition" and "encourage positive and constructive media coverage
of Brooklyn Center and its housing market".
Maintain and improve public property and infrastructure in a safe, clean and appealing
condition.
Finding:
Public areas of high visibility where image'concerns were noted are identified in two
categories, aesthetics and law enforcement. The areas comprise lands, buildings and
infrastructure owned by the City of Brooklyn Center as well as other public entities e.g.
Hennepin County, Minnesota Department of Transportatiorr, Metropolitan Council and
School Districts. Aesthetic concerns include`. mowing/landscape maintenance,
trash/litter, painting/repair, graffiti/vandalism, lighting, trails/sidewalks. Law
Enforcement concerns include: police calls for serviceJcrime statistics,
enforcement violations and established Neighbor.hood Watch groups. Tfi:ese areas of
focus are depicted on map attachment #1.
Recommendation:
Aesthetics research and interviews with public infrastructure stakeholders identified
that all city areas, county buildings, transit hub and schoo) district properties were
maintained at high leve(s of service; weekly maintenance. A medium level of
Knaintenance vv�s providec��at park and �rideJbus stop�s.locations; random or bi-weekly
and the lowest'level of service on property and rights- of- way owned by Hennepin
County and Minnesota Departrnent of Transportation; bi-annual. To bring�the medium
group to a fiigher level, city staff can communicate our goals and the need to provide
better mainterrance with each entity's management staff, if no improvement is
achieved, formal channels witfi elected officials may need to be pursued. With regard to
entities with the lowest level of service, they state they are providing the best service
level their staffing and budget allows; the city has been proactive in these areas by
supplementing maintenance in the form of mowing and trash pickup. However, if a
need to further increase maintenance is required, the city could formally request a
partnership or monetary'consideration from the other government entities, but if
denied, may take an "the additional maintenance and expense by using city staff
overtime, increasing use of private contractors or expanding the contractual use of
Sentence to Service crews. Currently, a city general fund budget line item exists in the
amount of $40,000 for these types of activities. Depending on the expansion of city
maintained areas, in conjunction with the need to provide additional service to areas
owned by other government entities, an increase of this budget item could easily reach
or exceed $10,000.
A final aesthetic image issue became evident in reviewing team research information,
that being the image and condition of the hub of city government, namely city hall and
its grounds. To set an example for other property owners, both public and private, the
1
city hall complex should convey a high quality image. To achieve this end, several areas
for improvement were identified: creating a more formal entrance with a canopy
vestibule and accessories, refurbishment of the pond/pergola area, re-establishing the
formal gardens and general upgrade and replacement of aged plantings and trees. The
aforementioned improvements could be accomplished through a joint effort of staff
employees/equipment, in conjunction with contractors and the services of a gardener.
If fully implemented the cost would be approximately $50,000.
Identify areas city-wide with highest and lowest livability quotient
Finding:
To define "livability quotient", criterion were established for comparison of one area of
the city with another. The criteria used in this examination include: security (e.g. police
patrols/surveillance, graffiti/vandalism, noise, traffic), infrastructure/hardscape (e.g.
streets, lighting, sidewalks, signage, landscape design), active neighborhood watch
group, recreational facilities (e.g. parks, trails), housing stock (e.g. single family,
apartment, multi-family, rental), natural attributes (e.g. lakes, creeks, ponds, open
spaces), condition of public buildings and land. These criteria were used as a basis for
questions in a random resident survey and overlaid �ith additional statistics on police
crime data, code enforcement violations, housing stock and public works maintenance
requests; an evaluation of all data formed a general profile that could be numerically
applied to secfiors ofthe�community. The sectors were selected from established
geographic areas used for recording statistical data collected by multiple city
departments. For mapping;purposes, five `geographic sectors have been designated:
Northeast, Southeast, Northwest, Southwest and Central. The characteristics of the
pr.ope►°ties within the sectors fall into two general types; sectors Northeast, Southeast,
Northwest and Southwest'are predominately residential, while the Central sector is
comprised of mostly<commer�ial and industrial properties. Using the� profile data and
sector designations, a numerical"livability quotient" rating (1 high to 5 low) was
assigned to the sectors by the team. See "livability map" Attachment #2.
Recommendation:
The sector "livability quotient" rating is the view of the team, numerically averaging
information from the random resident survey, along with documented statistical data.
The "livability quotient" should be considered a general overview and not a substitute
for a more scientific study.
2
Establish a multi-department Pre-Design Team to incorporate environmental design I
initiatives into development and redevelopment projects
Finding:
The team conducted research and interviews with department staff presently involved
in review of development project design. Currently, Brooklyn Center has a design
review process that is thorough, works effectively and is similar to the processes used in
other communities. The present system incorporates input from Community
Development, Public Works and Administration departments, reviewing established
codes, ordinances, engineering and environmental specifications; which research has
found to be based on sound principals.
Recommendation:
To expand on the current system and further address environmental design, the
addition of a pre-design review team prior to the current review process may be
beneficial. The pre-design team would include the current department,representatives
with the addition of representatives from Fire, Police and Finance. The new pre-design
team would meet and review the:initial proposal when submitted by the developer; in
order to assess the proposal and provide the developer with specific direction to
proactively lead the development in a desired direction, as opposed to reacting to their
plan. To make the pre-design team efficient and effective, the team should be
comprised of specific department representatives, be as small in number as possible
and have each representative focused on their specific area of expertise.
Establish .system and process to routinely collect and share positive news and
communications through employees, citizen groups and community stakeholders
Finding:
At this time the city has no formal process for the collection of positive news within the
organization. Presently, news collected emanates by word of mouth from various
departments at the department head level. The news collected is then disseminated
and released via the city Public Information Officer (PIO) to media organizations e.g.
newspaper, television and intra-city publications.
Recommendation:
Establishment of a formal process to collect and share positive news would be beneficial
in proactively promoting the image of the city. Instituting this process will require a
staff designee to coordinate a network of collaborative sources to provide positive
information. The frequency or schedule for collection of information will have to be
determined relative to need or through trial and error; for efficiency, the possible
collec�tion frequency could be on a monthly or quarterly basis to coincide with prior
scheduled staff/collaborator meetings. The selection of collaborators from whom
positive news can be collected is diverse, the collaborator network could include: city
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staff, Chamber of Commerce, Rotary Club, Lion's Club, Brooklyn Center Business
Association, faith community, ethnic organizations, other public entities e.g. county,
state, Met Council. Research has indicated several signi�cant points to consider ir�
establishing this positive news collection process. First, contacts with some of the
aforementioned organizations already exist, with city staff in the ranks of inembership.
Secondly, to promote the free sharing of information between collaborators and the
city, it may be beneficial to make the exchange of information a"two-way" process.
Opportunities may arise, or can be developed, for city staff personnel that are current
members of organizations to make brief presentations of city activities and
developments at the organizations meetings, enhancingthe development of a"two-
way" news sharing process. Once the news gathering process has been established, a
staff designee will need to be assigned to presenf #he positive news to the appropriate
media outlet.
Provide media and communication training for management
Finding:
At present, formal media and Gommunicationtraining has been conducted for a limited
number of city management sfaff. Staff currently trained includes: Public Information
Officers (PIO) in Administration (Assistant to the City Manager) and Police Department
(Commander of Investigation), plus several other upper level Police Department staff.
The police department has the ability to contract a professional media consultant to
review material for release and coach the PIO.:prior to,presentation of material to the
media.
Recommendation:
Designate a staff media and communicatian coordinator to oversee the development
and tlirection of management training; possible staff choices include the Human
Resources Director or Administration Public Information Officer. Following the
designation of a staff coordinator, review the number of management staff that may be
candidates for training. Subsequently, upon determining the appropriate staff requiring
training, establish the level of training suitable for the staff position, the coordinator
may then choose training materials and instructors. There may be barriers to consider
in the administration of the media training process, the barriers being, the availability of
either or both staff time and funding. Possible solutions to these barriers could be hiring
a media consultant to perform the training and making an adjustment to the budget to
fund the activity. The approximate cost of consultant services can run from $100 to
$1000 per hour, depending on the scope of training and the qualifications of the
trainer.
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Provide general communication training for positive and effective communications for
employees throughout the organization
Finding:
Currently, the city does not have a formal program to provide communication training
for line employees. It is likely however, some employees may have attended a
condensed communication training session through departmental functions or while
participating at a seminar or school.
Recommendation:
A process for training line employees in effective communications can be addressed in a
format similar to management training. The staff communication coordinator
designated in the management training process tan oversee the coordination, schedule
and selection of material for line employee training, and, determine the capability of
the city to conduct the training in house or'using a consultant. Research indicates the
need for line employee training that gives the staff the tools to communicate on an
effective day to day basis. The type of training session most beneficial for all employees
should be "customer service" oriented, secontlly, a session in "verbal judo", focusing on
dealing with argumentative ar emotionally charged customers would benefit a number
of employees; those whose jobs may involve encounters in contentious situations.
Line employee training could be achieved by bringing a trainer in house, using shared
resources with oth�r city Human'Resource departments, orthrough hiring a consultant.
The cost to implement the employee �rogram can range from $25 per employee in a
large in house;group session� to severalthousand dotlars to bring in a full service
consultant.
Establish means of communicating internal messages throughout the organization from the
City Manager's office
Finding:
The present process of communicating internal messages throughout the city from the
City Manager's office consists of a variety of inethods: the most ofFicial and consistent
method currently established is the printed edition of "BC Briefs" employee newsletter,
another is the Employee Action Committee (EAC) meeting minutes, other sources less
formal and not as widely received by the entire organization are; Sun newspaper,
department head staff meetings, "City Watch" newsletter, on to random word of
mouth.
Recommendation:
Interviews and research have indicated that employees would benefit from receiving a
consistent unified message, available to everyone throughout all city departments. The
preferred method for employees to receive communications and messages from the
City Manager's office is from the City Manager in person. As principal administrator of
all city staff, a briefing directly from the manager holds the highest level of credibility.
5
The frequency of these suggested briefings could be scheduled either on an annual or
semi-annual basis, if possible in conjunction with other city wide functions or
gatherings. To communicate in this method will present several challenges: scheduling
how to get the message to all employees may require multiple briefings at different
times of day to accommodate day and evening shifts, logistics where to hold the
briefings at different times of day, and finally, coordinating the manager's schedule with
the aforementioned challenges. Another possible method for the manager to
communicate, or to augment a manager's briefing, could be an enhanced version of the
"BC Briefs" with an informational article from the City Manager, included with
employee paychecks.
6
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CHAPTER 12 BUILDING MAINTENANCE AND OCCUPANCY ORDINANCE
Section 12-101. PURPOSE. The ect fh u lic health
purpose of tlus Ordinance is to prot e p b
safety, and the general welfare of the people of the City. These general objectives include, among
others, the following:
1. To protect the chazacter and stability of a11 buildings and property within the City.
2. To correct and prevent conditions that adversely affect or are likely to adversely
affect the life, safety, general welfare and health, including the physical, mental and
social well-being of persons occupying buildings within Brooklyn Center.
3. To provide minimum standards for cooking, heating, and sanitary equipment
necessary to the health and safety of occupants of buildings.
4. To provide minimum standards for light and ventilation, necessary to health and
safety.
5. To prevent the overcrowding of dwellings by providing minimum space standazds
per occupant for each dwelling unit.
6. To provide minimum standards for the maintenance of existing buildings, and to thus
prevent slums and blight.
7. To preserve the value of land and buildings throughout the City.
With res ect to rental dis utes and exce t as otherwise s ecificall rovided b the terms of
P P� P P YP Y
this Ordinance, it is not the intention of the City Council to intrude upon the fair and accepted
contractual relationshi between tenant and landlord. The Ci Council does not intend to intervene
P t3'
as an advocate of either party, nor to act as an arbiter, nor to be receptive to complaints from tenant
or.landlord which are not specifically and clearly relevant to the provisions of this Ordinance. In the
absence of such relevancy wrth regazd to rental disputes, it is intended that the contracting parties
exercise such legal sanctions as aze available to them without the intervention of City government.
Neither in enacting this Ordinance is it the intention of the City Council to interfere or permit
interference with legal rights to personal privacy.
Section 12-102. APPLICABILITY OF ORDINANCE. Every building, as well as its
premises, and all occupied premises within Brooklyn Center sha11 conform to the requirements of j
this Ordinance, irrespective of when such building may have been constructed, altered, or repaired.
I
I
�ty of Brooklyn Center 12-1 Ciry Ordinance I
Section 12-201. DEFINITIONS. The following definitions shall appiy in the interpretation
and enforcement of this Ordinance:
1. Approved accepta.ble to the jurisdiction having authority and meeting a11 applicable
codes.
2. Accessorv structure a structure subordinate to the main or principal building which
is not used nor authorized to be used for living or sleeping by human occupants and
which is located on or partially on the premises.
3. Buildine any structure used or intended for supporting or sheltering any use or
occupancy.
4. Comnliance Official the City Manager and his designated agents authorized to
administer and enforce this Ordinance.
5. Dwellin� a building, 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; but not including hotels and motels.
6. Dwellin� unit
A dwelling or dwelling unit let for occupancy or
occupied by someone other than the owner of record regardless of familial
relationship or whether rent or other compensation is paid.
7. Familv any of the following definitions shall apply:
—A person or persons related by blood, marriage, or adoption, ��r
The
definition
of family
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—A group of not more than five (5) persons not related by blood, marriage or
adoption maintaining a common household in a dwelling unit.
8. Flush water closet an approved toilet, with a bowl and trap made in one piece,
which is connected to the City water and sewer system or other approved water
supply and sewer system.
Ci o Brookl n Center 12-2 Ci Ordinance
�f y
DeEinition
of
Garbage,
Refuse and 9. Garba�e putrescible animal and vegetable wastes resulting from the handling,
bishi
er to prepazation, cooking and consumption of food.
Chapter 19
Make 10. Habitable building any building or part thereof that meets minimum standards for
use as a home or place of abode by one or more persons.
11. Habitable room a room or enclosed floor space used or intended to be used for
living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet
compartments, laundries, furnace rooms, unfinished basements, (those without
required ventilation, required electric outlets and required exit facilities), pantries,
uti�ity rooms of less than 50 square feet of floor space, foyers, communicating
corridors, stairways, closets, storage spaces, and workshops, hobby and recreation
azeas in parts of the structure below ground level or in attics.
12. Heated water water heated to a temperature of not less than 120 degrees Fahrenheit,
or such lesser temperature required by government authority, measured at faucet
outlet.
13. Kitchen a space which contains a sink with counter working space, adequate space
for installing cooking and refrigeration equipment, and adequate space for the storage
of cooking utensils.
14. Multivle familv dwellin� a dwelling or portion thereof containing three or more
dwelling units.
15. Nonresidential building all other buildings or structures other than dwellings or
dwelling units.
16. Occunant any person (including owner or operator) occupying any structure,
building or part thereof, dwelling, dwelling unit, rooming unit or premise.
17. Oberator the owner or agent who has charge, care, control, or management of a
building, or part thereof.
18. Owner a person, agent, firtn, or corporation having a legal or equitable interest in
the property. In any corporation or partnership, the term owner includes general
partners and corporate officers.
19. Permissible occunant load tl�e maximum number of persons permitted to occupy a
building or space within a building.
20. Person an individual, firm, partnership, association, corporation or joint venture or
organization of any kind.
City of Brooklyn Center 12-3 City Ordinance
21. Plumbins all of the following supplied facilities and equipment in a building: gas
pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste
pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths,
installed clothes washing machines, catch basins, drains, vents, and any other similar
fixtures and the installation thereof, together with all connections to water, sewer and
gas lines.
22. Premises a platted lot or part thereof or unplatted parcel of land, either unoccupied
or occupied by any structure thereon.
23. Public Corridor a hall, corridor or passageway for providing egress from an
occupied azea to a public way and not within the exclusive control of one occupant.
24. Refuse all putrescible and nonputrescible waste solids including garbage and
rubbish.
25. Rental dwellin� or dwellin� unit a dwelling or dwelling unit let for rent or lease.
26. Repair to restore to a sound and acceptable state of operation, serviceability or
appearance.
27. Rodent harborase any place where rodents can live, nest, or seek shelter.
28. Rooming unit any room or group of rooms forming a single habitable unit used or
intended to be used for living and sleeping, but not for cooking and eating purposes.
29. Rubbish nonputrescible solid wastes consisting of both combustible and
noncombustible wastes, such as paper, cardboard, tin cans, grass and shrubbery
clippings, wood, glass, brick, plaster, bedding, crockery and similaz materials.
30. Safetv the condition of being reasonably free from danger and hazards which may
cause accidents or disease.
31. Structure that which is built or constructed, an edifice or building of any kind, or
any piece of work artificially built up or composed of parts joined together in some
definite manner.
32. Substandard dwellins any dwelling which does not conform to the minimum
standards established by City Ordinances.
33. Supplied paid for, furnished by, provided by or under the control of the owner,
operator, or agent of a building.
City of Brooklyn Center 12-4 City Ordinance
34. Meaning of certain words, whenever the words "dwelling", "dwelling unit",
""building", or "structure" are used in this Ordinance, they shall be
premises
construed as though they were followed by the words "or any part thereof'.
nce
�ity of Brooklyn Center 12-5 City Ordtna
Section 12-301. RESPONSIBILITIES OF OWNERS AND OCCUPANTS. No owner or
other person shall occupy or let another person occupy any building, unless it and the premises are
clean, sanitary, fit for human occupancy, and comply with a11 applicable legal requirements of the
State of Minnesota and the City of Brooklyn Center, including the following requirements.
Section 12-302. MAINTENANCE OF SHARED OR PUBLIC AREAS. Every owner of a
building sha11 maintain in a clean, sanitary and safe condition, the shared or public areas of the I
building and premises thereof.
Section 12-303. MAINTENANCE OF OCCUPIED AREAS. All occupants of a building,
shall maintain in a clean, sanitary and safe condition that part or those parts of the building, and
premises thereof that she/he occupies and controls.
Section 12-304. STORAGE AND DISPOSAL OF RUBBISH. All occupants of a building,
sha11 store and dispose of all their rubbish in a clean, sanitary, and safe manner as prescribed by
Chapter 7 of the City Ordinances.
Section 12-305. STORAGE AND DISPOSAL OF GARBAGE. All occupants of a building,
sha11 store and dispose of a11 their garbage and any other organic waste which might provide food for
insects andlor rodents in a clean, sanitary, and safe manner as prescribed by Chapter 7 of the City
Ordinances.
Section 12-306. RESPONSIBILITY FOR STORAGE AND DISPOSAL OF GARBAGE,
RUBBISH, AND RECYCLABLE MATERIALS. Every owner of a multiple family dwelling or
nonresidential building sha11 supply facilities for the sanitary and safe storage and disposal of rubbish
and garbage. In the case of single- or two-family dwellings, it shall be the responsibility of the
occupant to furnish such facilities. Every owner of a multifamily dwelling containing more than
eight units must comply with the requirements of Section 7-113 of the City Ordinances.
Section 12-307. RESPONSIBILITY FOR STORM AND SCREEN DOORS AND
WINDOWS. T'he owner of a rental dwelling unit shall be responsible for providing and hanging all
screens and storm doors and storm windows whenever the same are required under the provisions of
this Ordinance, except where there is written agreement otherwise between the owner and occupant.
Section 12-308. RESPONSIBILITY FOR PEST EXTERMINATION. Every occupant of a
dwelling containing a single dwelling unit or an occupant of a nonresidential building containing a
single unit sha11 be responsible for the extermination of vermin infesta.tions and/or rodents on the
premises. Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit or
an occupant of a nonresidential building containing more than one unit sha11 be responsible for such
extermination whenever their unit is the only one infested. Notwithstanding, however, whenever
infestation is caused by the failure of the owner to maintain a building in a reasonable rodent-proof
or reasonable vermin-proof condition, extermination sha11 be the responsibility of the owner.
Whenever infestation exists in two or more of the units in any building, extermination thereof shall
be the responsibility of the owner. Whenever extermination is the responsibility of the owner, the
exte}mination must be performed by a licensed pest control contractor.
Ciry of Brooklyn Center 12-6 City Ordinance
Section 12-309. RODENT HARBORAGES PROHIBITED IN OCCUPIED AREAS. No
occupant of a building shall accumulate boxes, lumber, scrap metal, or any other similar materials in
such a manner that may provide a rodent harborage in or about any dwelling unit or building. Stored
materials shall be stacked neatly.
Section 12-310. RODENT HARBORAGES PROHIBITED IN PUBLIC AREAS. No owner
of a building shall accumulate or permit the accumulation of boxes, lumber, scrap metal, or any other
similar materials in such a manner that may provide a rodent harborage in or about shared or public
areas of a building or its premises. Materials stored by the owner or permitted to be stored by the
owner shall be stacked neatly.
Section 12-311. PREVENTION OF FOOD FOR RODENTS. No owner or occupant of a
building shall store, place, or allow to accumulate any materials that may serve as food for rodents in
a site accessible to rodents.
Section 12-312. SANITARY MAINTENANCE OF FIXTURES AND FACILI'I�S. Every
occupant of a building shall keep all supplied fixtures and facilities therein in a clean and sanitary
condition and shall be responsible for the exercise of reasonable care in the proper use and operation
thereof.
Section 12-313. MINIMUM HEATING CAPABILITY AND MAINTENANCE. In every
dwelling unit or rooming unit when the control of the supplied heat is the responsibility of a person
other than the occupant, a temperature of at least 68 degrees Fahrenheit, or such lesser temperature
required by government authority, shall be maintained at a distance of three feet above the floor and
three feet from exterior walls in a11 habitable rooms, bathrooms, and water closet compartments from
September through May. Nonresidential buildings shall meet State of Minnesota regulations and
statute requirements.
Section 12-314. REMOVAL OF SNOW AND ICE. Every occupant of a dwelling
containing a single dwelling unit, and the owner of a multiple family dwelling or a nonresidential
building shall be responsible for the removal of snow and ice from parking lots, driveways, steps,
and walkways on the premises. Individual snowfalls of three inches or more, or successive snowfalls
accumulating to a depth of three inches, shall be removed from parking lots and driveways within 24
hours after cessation of the snowfall. Individual snowfalls of one inch or more, or successive
snowfalls accumulating to a depth of one inch, shall be removed from steps and walkways within
eight hours after cessation of the snowfall.
Section 12-315. MINIMLJM EXTERIOR LIGHTING. The owner of a building sha11 be
responsible for providing and maintaining effective illumination in all exterior parking lots,
doorways and walkways.
Section 12-316. MAINTENANCE OF DRIVING AND PARKIl�IG AREAS. The owner of a
building shall be responsible for providing and maintaining in good condition paved and delineated
parking areas and driveways for tenants consistent with Chapter 35 of the City Ordinances.
City of Brooklyn Center 12-7 City Ordinance
i
Section 12-317. MAINTENANCE OF YARDS. The owner of a building shall be
responsible for providing and maintaining premises' yards consistent with Section 12-711.
City of Brooklyn Center 12-8 Ciry Ordinance
Section 12-401. MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES. No
person shall occupy as owner, occupant, or let to another for occupancy any dwelling or dwelling
wut, for the purposes of living, sleeping, cooking, and eating therein, which does not comply
with the following requirements.
Section 12-402. KITCHEN FACILITIES. Every dwelling unit sha11 have a room or portion
of a room in which food may be prepared and/or cooked and which shall have adequate circulation
area, and which shall be equipped with the following:
1. An approved kitchen sink in good working condition and properly connected to an
approved water supply system and which provides at all times an adequate amount of
heated and unheated running water under pressure, and which is connected to an
approved sewer system.
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 sha11 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 or similar device for cooking food, and a refrigerator or similar device for the
safe storage of food at or below 40 degrees Fahrenheit, which are properly installed
with all necessary connections for safe, sanitary and efficient operation. Provided
that such stove, refrigerator, or similar devices need not be installed when a dwelling
unit is not occupied and when the occupant is expected to provide same on
occupancy, in which case sufficient space and adequate connections for the
installation and operation of said stove, refrigerator or similar device must be
provided.
Section 12-403. TOILET FACILITIES. Within every dwelling unit there shall be a
nonhabitable room which is equipped with an approved flush water closet in good working
condition. In a rental dwelling unit, such room shall have an entrance door which affords privacy.
Said flush water closet shall be equipped with easily cleanable surfaces, shall be connected to an
approved water system that at 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.
Section 12-404. LAVATORY SINK. Within every dwelling unit there shall be an approved
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 supply system and shall provide at a11 times an
adequate amount of heated and unheated running water under pressure, and shall be connected to an
approved sewer system.
City of Brooklyn Center 12-9 City Ordinance
Section 12-405. BATHTUB OR SHOWER. Within every dwelling unit there sha11 be a
nonhabitable room which is equipped with an approved bathtub or shower in good working
condition. In a rental dwelling unit, such room shall have an entrance door which affords privacy.
Said bathtub or shower may be in the same room as the flush water closet, or in another room, and
shall be properly connected to an approved water supply system and shall provide at all times an
adequate amount of heated and unheated water under pressure, and shall be connected to an
approved sewer system.
Section 12-406. STAIRWAYS, PORCHES AND BALCONIES. Every stairway, inside or
outside of a dwelling and every porch or balcony, sha11 be kept in safe condition and sound repair.
Stairs and handrails shall conform to the Uniform Building Code standazds. Every deck, porch and
balcony which is 30 inches or more above grade shall have a guardrail that conforms to the Uniform
Building Code standazds. Every handrail and guardrail shall be firmly fastened and maintained in
good condition. No flight of stairs sha11 have settled out of its intended position or have pulled away
from the supporting or adjacent structures enough to cause a hazard. No flight of stairs sha11 have
xeview rotting, loose, or deteriorating supports. Excepting spiral and winding stairways, the treads and risers
sectio of every flight of stairs shall be uniform in width and height. Stairways sha11 be capable of
n 12 supporting a live load of 100 pounds per square foot of horizontal projection.
407,
to
accomm Section 12-407. ACCESS TO DWELLING tJNIT. Access to or egress from each dwelling
odate unit sha11 be provided without passing through any other dwelling unit.
multi-
f' ly Section 12-408. DOOR LOCKS. No owner shall occupy nor let to another for occupancy
1 any dwelling or dwelling unit unless all exterior doors of the dwelling or dwelling unit are equipped
such safe, functioning locking devices. Multiple family dwellings shall be fixrnished with door locks
as as follows:
Double
s and 1. For the purpose of providing a reasonable amount of safety and general welfare for
triple persons occupying multiple family dwellings constructed after May 5, 1969, an
Xes a roved securi s stem shall be maintained for each multi le famil buildin to
Addres pp y P Y g
S control access. The security system sha11 consist of locked building entrance or foyer
"mothe doors, and locked doors leading from hallways into individual dwelling units. Dead-
r_ latch type door locks shall be provided with lever knobs (or doorknobs) on the inside
of building entrance doors and with key cylinders on the outside of building entrance
doors. Building entrance door latches sha11 be of a type that are permanently locked
from the outside and permanently unlocked from the inside.
2. Every door that is designed to provide ingress or egress for a dwelling unit within a
multiple family building shall be equipped with an approved lock that has a
deadlocking bolt that cannot be retracted by end pressure, provided, however, that
such door shall be openable from the inside without the use of a key or any special
knowledge or effort.
City of Brooklyn Center 12-10 Ciry Ordinance
Section 12-501. MIl�iIMtJM STANDARDS FOR LIGHT AND VENTILATION. No person
shall occupy as owner, occupant or let to another for occupancy any dwelling or dwelling unit, for
the purpose of living therein, which does not comply with the following requirements.
Section 12-502. HABITABLE ROOM LIGHT AND VENTILATION. Except where there
is supplied some other device affording adequate ventilation and approved by the compliance
o�cial, every habitable room sha11 have at least one window facing directly outdoors which can be
opened easily. The minimum total of openable window area in every habitable room shall be the
greater of 10% of the floor area of the room or ten square feet. One half of the required window area
shall be openable.
Section 12-503. NONHABITABLE ROOM VENTILATION. Every bathroom and water
closet compartment, and every laundry and utility room shall contain at least 50% of the ventilation
requirement for habitable rooms contained in Section 12-502, except that no windows sha11 be
required if such rooms are equipped with a ventilation system which is approved by the compliance
official.
Section 12-504. ELECTRIC SERVICE, OUTLETS AND FIXTLTRES. Every dwelling unit
and all public and common areas shall be supplied with electric service, functioning overcurrent
protection devices, electric outlets, and electric fixtures which are properly installed, which shall be
maintained in good and safe working conditions, and sha11 be connected to a source of electric power
in a manner prescribed by the Ordinances, rules and regulations of the City of Brooklyn Center and
by the laws of the Sta.te of Minnesota. The minimum capacity of such electric service and the
minimum number of electric outlets and fixtures shall be as follows:
1. Dwelling containing one or two dwelling units sha11 have at least the equivalent of
60-ampere, three-wire electric service per dwelling unit.
2. Dwelling units sha11 have at least one branch electric circuit for each 600 square feet
of dwelling unit floor area.
3. Every habitable room shall have at least one floor or wall-type electric convenience
outlet for each 60 square feet or fraction thereof of total floor area, and in no case less
than two such electric outlets provided, however, that one ceiling or wall-type light
fixture may be supplied in lieu of one required electric outlet.
4. Every water closet compartrnent, bathroom, kitchen, laundry room, and furnace room
shall contain at least one supplied ceiling or wall-type electric light fixture and every
bathroom, kitchen, and laundry room shall contain at least one electric convenience
outlet.
City of Brooklyn Center 12-11 City Ordinance
5. Every public corridor and stairway in every multiple family dwelling shall be
adequately lighted by natural or electric light at all times at one foot candle at floor
level, so as to provide effective illumination in all parts thereof. Every public
corridor and stairway in structures containing not more than two dwelling units 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.
6. A convenient switch or equivalent device for turning on a light in each dwelling unit
shall be located near the point of entrance to such unit.
Section 12-601. MINIMUM THERMAL STANDARDS. No person shall occupy as owner,
occupant or let to another for occupancy any building or portion thereof, which does not have heating
facilities which are properly installed, and which are maintained in safe and good working condition,
and which are capable of safely and adequately heating all habitable rooms, bathroom, and water
closet compartments in every dwelling unit located #herein to a temperature of at least 68 degrees
Fahrenheit, or such lesser temperature required by government authority, at a distance of three feet
above floor level and three feet from exterior wa11s. Gas or electric appliances designed primazily for
cooking or water heating purposes shall not be considered as heating facilities within the meaning of
this section. Portable heating equipment employing flame and the use of liquid fuel does not meet
the requirements of this section and is prohibited. No owner or occupant sha11 install, operate or use
a space heater employing a flame that is not vented outside the structure in an approved manner.
City of Brooklyn Center 12-12 City Ordinance
Section 12-701. GENERAL REQUIlZEMENTS. No person sha11 occupy as owner, occupant
or let to another for occupancy, any building or portion thereof which does not comply with the
following requirements, unless specifically exempt.
Section 12-702. FOUNDATIONS, EXTERIOR WALLS AND ROOFS. The foundation,
exterior walls, and exterior roof shall be substantially water tight and protected against vermin and
rodents and sha11 be kept in sound condition and repair. The foundation element shall adequately
support the building at all points. Every exterior wa11 shall be free of deterioration, holes, breaks,
loose or rotting boards or timbers, and any other condition which might admit rain or dampness to
the interior portion of the walls or to the exterior spaces of the building. The roof shall be tight and
have no defects which admits rain, and roof drainage shall be adequate to prevent rain water from
causing dampness in the walls. All exterior wood surfaces, other than decay resistant woods, shall
be protected from the elements and decay by paint or other protective covering or treatment. If the
exterior surface is unpainted or determined by the compliance official to be paint blistered, the
surface shall be painted. If the exterior surface of the pointing of any brick, block or stone wall is
loose or has fallen out, the surface shall be repaired.
Section 12-703. WINDOWS, DOORS AND SCREENS. Every window, exterior door, and
other exterior openings shall be substantially tight and shall be kept in sound condition and repair.
Every window, other than a fixed window or storm window, shall be capable of being easily opened.
Every window, door and frame shall be constructed and maintained in such relation to the adjacent
wall construction as to completely exclude rain, wind, vermin and rodents from entering the
building. Every openable window sha11 be supplied with 16-mesh screens during the insect season,
and sha11 be equipped with an approved lock if located less than six feet above adjacent grade.
Section 12-704. FLOORS, INTERIOR WALLS AND CEILINGS. Every floor, interior wall,
and ceiling sha11 be adequately protected against the passage and harborage of vermin and rodents,
and shall be kept in sound condition and good repair. Every floor shall be free of loose, warped,
protruding or rotted flooring materials. Every interior wall and ceiling sha11 be free of holes and
large cracks and loose plaster and shall be maintained in a tight, weatherproof condition. To�c paint
and materials with a lasting toxic effect shall not be used. The floor of every toilet room, bathroom,
and kitchen shall have a smooth, hard, nonabsorbent surface and shall be capable of being easily
maintained in a clean and sanitary condition.
Section 12-705. RODENT PROOF. Every structure and the premises upon which it is
located shall be maintained in a rodent-free and rodent-proof condition. All openings in the exterior
wa11s, foundations, basements, ground or first floors, and roofs which have a 1/2" diameter or larger
opening shall be rodent-proofed in an approved manner. Interior floors or basements, cellars and
other areas in contact with the soil shall be paved with concrete or other rodent impervious material.
Section 12-706. FENCE MAINTENANCE. All fences shall consist of inetal, wood,
masonry, or other decay resistant material. 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. Paint shall be maintained consistent with
Section 12-702.
City of Brooklyn Center 12-13 City Ordinance
Section 12-707. ACCESSORY STRUCTURE MAINTENANCE. Accessory structures or
buildings shall be structurally sound, and be maintained in good repair and appearance. The e�cterior
of such structures sha11 be made weather resistant through the use of decay-resistant materials such as
paint or other preservatives. Paint shall be maintained consistent with Section 12-702.
Section 12-708. SAFE BUILDING ELEMENTS. Every foundation, roof, floor, exterior and
interior wall, ceilings, inside and outside stair, every porch and balcony, and every appurtenance
thereto, shall be safe to use and capable of supporting loads required by the occupancy.
Section 12-709. FACILITIES TO FtJNCTION. Every supplied facility, piece of equipment
or utility required under City Ordinances and every chimney and flue shall be installed and
maintained and sha11 function effectively in a safe, sound, and working condition.
Section 12-710. GR.ADING AND DRAINAGE. During the period May through October
every yard, court, passageway, and other portions of the premises on which a building stands sha11 be
graded and drained so as to be free of standing water that constitutes a detriment to health and safety.
Section 12-711. YARD COVER. Every yard of a premises on which a building stands shall
be provided with lawn or combined ground cover of vegetation, garden, hedges, shrubbery, and
related decorative materials and such yard shall be maintained consistent with prevailing community
standards. Nonresidential sites shall be maintained in accordance with an approved City landscape
plan and shall be supplied with an irrigation system.
5ection 12-712. DISCONT`INUANCE OF SERVICE OR FACILITIES. No owner, operator,
or occupant shall cause any service, facility, equipment or utility which is required under this
Ordinance, to be removed from or shut off from or discontinued for any occupied building or portion
thereof, except for such temporary interruptions as may be necessary while actual repairs or
alterations are in process, or during temporary emergencies.
Section 12-713. SCREENIlVG. All outside trash disposal facilities, recycling containers, and
outside or rooftop mechanical equipment shall be screened from view by an opaque fence or wall
high enough to completely screen the equipment.
City ofBrooklyn Center 12-14 City Ordinance
Section 12-801. MAXIMLTM DENSITY, MINIMLJM SPACE, USE AND LOCATION
REQUIREMENTS. No person shall occupy nor permit or let to be occupied any dwelling or
dwelling urut for the purpose of living therein, which does not comply with the following
requirements.
Section 12-802. PERMISSIBLE OCCUPANCY OF DWELLING LTNIT. With the
exception of owners occupying a respective dwelling unit prior to June 1, 1975, the maximum
permissible occupancy of any dwelling unit shall be determined as follows:
1. For the first occupant, 150 squaze feet of habitable room floor space and for every
additional occupant thereof, at least 100 square feet of habita.ble room floor space.
2. In no event shall the total number of occupants exceed two times the number of
habitable rooms, less kitchen, in the dwelling unit.
Section 12-803. ONE FAMILY PER DWELLING LJNIT. Not more than one family, except
for temporary guests, shall occupy a dwelling unit.
Section 12-804. MINIMUM CEILING HEIGHT. In order to qualify as habitable, rooms
shall have a clear ceiling height of not less than seven feet, six inches, except that in attics or top-half
stories used for sleeping, study, or similar activities, the ceiling height shall be not less than seven
feet six inches over at least one-half of the floor area. In calculating the floor area of such rooms in
attics or top-half stories, only those portions of the floor area of the room having a clear ceiling
height of five feet or more may be included. Review this section to reference basements.
Section 12-805. ACCESS THROUGH SLEEPING ROOMS AND BATHROOMS. No
dwelling unit built after 1940 and conta.ining two or more sleeping rooms shall have a room
arrangement such that access to a bathroom or water closet compartment intended for use by
occupants of more than one sleeping room can be gained only by going through another sleeping
room, nor shall the room arrangement be such that access to a sleeping room can be gained only by
going through another sleeping room. A bathroom or water closet compartment shall not be used as
the only passageway to any habitable room, hall, basement or cellar or to the exterior of any dwelling
unit. Should we address what is a"legal" bedroom?
City ofBrooklyn Center 12-15 City Ordinance
Section 12-900. PURPOSE. It is the purpose of this section to assure that rental housing in
the City is decent, safe and sanitary and is so operated and maintained as not to become a nuisance to
the neighborhood or to become an influence that fosters blight and deterioration or creates a
disincentive to reinvestment in the community. The operation of rental residential properties is a 'I
business enterprise that entails certain responsibilities. Operators are responsible to take such
reasonable steps as aze necessary to assure that the citizens of the City who occupy such units may
pursue the quiet enjoyment of the normal activities of Iife in surroundings that are: safe, secure and
sanitary; free from noise, nuisances or annoyances; free from unreasonable fears about safety of
persons and security of property; and suitable for raising children.
Section 12-901. LICENSING OF RENTAL tTNITS.
1. License Required. No person shall operate a rental dwelling without first having
obtained a license to do so from the City of Brooklyn Center as hereinafter provided.
There sha11 be two types of licenses: regular and provisional. Provisional licenses
are defined in Section 12-913.
2. License Term. Regular licenses will be issued for a period of two years. Provisional
licenses will be issued for a period of six months. All licenses, regular and
provisional, will be reviewed every six months after the beginning of the license term
to determine the license status.
3. License renewal. License renewals shall be filed at least 90 days prior to license
expiration date. Within two weeks of receipt of a complete application and of the
license fee required by Section 12-902, the Compliance official shall schedule an
inspection. No application for an initial or renewallicense sha11 be submitted to the
City Council until the Compliance official has deterniined that a11 life, health safety
violations or discrepancies have been conected.
4. Condition of License. Prior to issuance or renewal of a license and at a11 times during
the license term, a license holder must be current on the payment of a11 utility fees,
taxes, and assessments due on the licensed property and any other rental real property
in the City owned by the license holder. In the event a suit has been commenced
under Minnesota Statutes, Section 278.01-278.03, questioning the amount or validity
of taxes, the City Council may on application waive strict compliance with this
provision; no waiver may be granted, however, for taaces or any portion thereof which
remain unpaid for a period exceeding one (1) year after becoming due.
Section 12-902. LICENSE FEES. License fees, as set forth by City Council resolution, shall
be due 90 days prior to the license expiration date; in the cases of new unlicensed dwellings, license
fees shall be due upon issuance of the certificate of occupancy.
City of Brooklyn Center 12-16 City Ordinance
A delinquency penalty of 5% of the license fee for each day of operation without a valid
license sha11 be charged operators of rental dwellings. Once issued, a license is nontransferable and
the licensee shall not be entitled to a refund of any license fee upon revocation or suspension;
however, the licensee shall be entitled to a license fee refund, prorated monthly, upon proof of
transfer of legal control or ownership. If an applicant withdraws an application prior to issuance of a
license, the fee shall be refunded after deducting the costs of inspection and any other costs and
expenses incurred by the City in connection with receiving and processing the application
A fee, as set by City Council resolution, shall be charged for all reinspections necessary after
the first reinspection. The reinspection fee(s) will be payable at the time of license renewal for the
properry, in the case of rental housing and at the time of recertification of occupancy for
nonresidential properties.
Section 12-903. OWNER OR AGENT TO APPLY. License application or renewal shall be
made by the owner of rental units or his legally constituted agent. Application forms may be
acquired from and subsequently filed with the compliance official. The applicant shall supply:
1. First, middle (if any), and last name, address, date of birth, and telephone number of
dwelling owner,.owning partners if a partnership, corporate officers if a corporation.
2. Name, address, and telephone number of designated resident agent, if any.
3. Name, address, and telephone number of vendee, if the dwelling is being sold
through a contract for deed.
4. Legal address of the dwelling.
5. Number of dwelling units within the dwelling.
6. Description of procedure through which tenant inquiries and complaints aze to be
processed.
7. Status of utility fees, property ta��es, and other assessments on the dwelling and other
rental real property in the city owned by the applicant.
Every person holding an operating license shall give notice in writing to the compliance
official within five business days after any change of this information. Notice of transfer of
ownership shall be as described in Section 12-908.
City of Brooklyn Center 12-17 City Ordinance
I
Section 12-904. RESIDENT AGENT REQUIRED. No operahng license shall be issued or
i renewed for a nonresident owner of rental dwelling units (one who does not reside in any of the
following Minnesota counties: Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, or Washington)
unless such owner designates in writing to the compliance official the name of his resident agent
(one who does reside in any of the following Minnesota counties: Hennepin, Ramsey, Anoka,
Carver, Dakota, Scott, or Washington) who is responsible for maintenance and upkeep and who is
legally constituted and empowered to receive service of notice of violation of the provisions of the
City Ordinances, to receive orders and to institute remedial action to effect such orders and to accept
all service or process pursuant to law. The compliance official sha11 be notified in writing of any
change of resident agent.
Section 12-905. CONFORMANCE TO LAWS. No operating license shall be issued or
renewed unless the rental dwelling and its premises conform to the Ordinances of Brooklyn Center
and the laws of the State of Minnesota.
Section 12-906. INSPECTION CONDITION. No operating license shall be issued or
renewed unless the owner of rental units agrees in his application to permit inspections pursuant to
Section 12-1001.
Section I2-907. POSTING OF LICENSE. Every licensee of a multiple dwelling shall cause
to be conspicuously posted in the main entryway or other conspicuous location therein the current
license for the respective multiple dwelling.
Section 12-908. LICENSE NOT TRANSFERABLE. No operating license shall be
transferable to another person or to another rental dwelling. Every person holding an operating
license shall give notice in writing to the compliance official within five business days after having
legally transferred or otherwise disposed of the legal control of any licensed rental dwelling. Such
notice shall include the name and address of the person succeeding to the ownership or control of
such rental dwelling or dwellings.
Section 12-909. OCCUPANCY REGISTER REQUIRED. Every owner of a licensed rental
dwelling containing three or more dwelling units shall keep, or cause to be kept, a current register of
occupancy for each dwelling unit which provides the following information:
1. Dwelling unit address.
2. Number of bedrooms in dwelling unit.
3. Names of adult occupants and number of adults and children (under 18 years of age)
currently occupying the dwelling units.
4. Dates renters occupied and vacated dwelling units.
5. A chronological list of complaints and requests for repair by dwelling unit occupants,
which complaints and requests aze relafed to the provisions of this Ordinance.
City of BrookZyn Center 12-18 City Ordinance
6. A similaz chronologicallist of all corrections made in response to such requests and
complaints.
Such register shall be made available for viewing or copying by the compliance official at a11
reasonable times.
All nonresidential properties shall keep, or cause to be kept, a cunent register of occupancy
for each building which provides the following:
1. Building address.
2. List of all tenants occupying building.
3. Nature of business conducted by each tenant in building.
4. Contact person for each tenant.
5. Gross floor area leased by each tenant.
Section 12-910. LICENSE SUSPENSION, REVOCATION, DENIAL AND NON-
RENEWAL.
1. Every license issued under the provisions of this Chapter is subject to suspension or
revocation by the City Council.
2. In the event that a license is suspended or revoked by the City Council, it shall be
unlawful for the owner or the owner's duly authorized agent to thereafter permit any
new occupancies of vacant or thereafter vacated rental units until such time as a valid
license may be restored by the City Council.
3. Any person violating this section sha11 be guilty of a misdemeanor, and upon
conviction thereof shall be punished by a fine of not more than one thousand dollazs
($1,000) or by imprisonment not to exceed ninety (90) days or both, together with the
costs of prosecution. Each day of each violation shall constitute a separate
punishable offense.
4. The Council may revoke, suspend or decline to renew any license issued under this
Chapter upon any of the following grounds:
a. false statements on any application or other information or report required by
this Chapter to be given by the applicant or licensee.
b. failure to pay any application, penalty, reinspection or reinstatement fee
required by this Chapter and City Council resolution.
City ofBrooklyn Center 12-19 City Ordinance
c. failure to correct deficiencies noted in notices of violation in the time
specified in the notice.
d. failure to comply with the provisions of an approved mitigation plan in the
case of provisional licenses.
e. failure to operate or maintain the licensed premises in conformity with all
applicable state laws and codes and this Code of Ordinances.
f. any other violation of this Chapter.
5. Revocation, suspension and non-renewal may be brought under either this Section or
Section 12-911, or both.
6. A regulaz license may be revoked at the end of any six-month review period, as
described in section 12-901(2) or at the end of the two-year term upon a finding that
the licensed premises are only eligible for a provisional license as provided in Section
12-913.
7. A decision to revoke, suspend, deny or not renew a license shall be preceded by
written notice to the applicant or licensee of the alleged grounds therefor and the
applicant or licensee will be given an opportunity for a hearing before the City
Council before final action to revoke, suspend, deny or not renew a license. The
Council shall give due regard to the frequency and seriousness of violations, the ease
with which such violations could have been cured or avoided and good faith efforts
to comply and shall issue a decision to deny, not renew, suspend or revoke a license
only upon written findings.
8. The Council may suspend or revoke a license or not renew a license for part or all of
a facility.
9. Licenses may be suspended for up to ninety (90) days and may, after the period of
suspension, be reinstated subj ect to compliance with this Chapter and any conditions
imposed by the City Council at the time of suspension. Licenses that aze revoked
will not be reinstated until the owner has applied for and secured a new license and
complied with all conditions imposed at the time of revocation. Upon a decision to
revoke, deny or not renew a license, no new application for the same facility will be
accepted for the period of time specified in the Council's written decision, which
shall not exceed one year. A decision not to renew a license may take the form of a
suspension or revocation. A decision to deny an initial application for a new facility
will not take the form of a suspension or revocation unless false statements have been
made by the applicant in connection with the application. A decision to deny an
initial application shall state conditions of reapplication. All new applications must
be accompanied by a reinstatement fee, as specified by Council resolution, in
addition to all other fees required by this Chapter.
City of Brooklyn Center 12-20 City Ordinance
10. A written decision to revoke, suspend, deny or not renew a license or application
sha11 specify the part or parts of the faciliTy to which it applies. Thereafter, and until
a license is reissued or reinstated, no rental units becoming vacant in such part or
parts of the facility may be relet or occupied. Revocation, suspension or non-renewal
of a license shall not excuse the owner from compliance with a11 terms of state laws
and codes and this Code of Ordinances for as long as any units in the facility aze
occupied. Failure to comply with a11 terms of this Chapter during the term of
revocation, suspension or non-renewal is a misdemeanor and grounds for extension
of the term of such revocation or suspension or continuation of non-renewal, or for a
decision not to reinstate the license, notwithstanding any limitations on the period of
suspension, revocation or non-renewal specified in the City Council's written
decision or in paragraph 8 of this Section.
Section 12-911. CONDUCT ON LICENSED PREMISES.
1. It shall be the responsibility of the licensee to see that persons occupying the licensed
premises conduct themselves in such a manner as not to cause the premises to be
disorderly. For purposes of this Section, a premises is disorderly at which any of the
following activities occur:
a. Violation of Section 19-1202 (Noise Abatement).
b. Violation of Section 19-1121 (Unlawful Possession, Delivery or Purchase) or
violation of laws relating to the possession of controlled substances as
defined in Minnesota Statutes Section 152.01, Subdivision 4, and drug
paraphernalia as defined in Minnesota Statutes Section 152.092.
c. Violation of Section 19-202 (Disturbing the Peace).
d. The unlawful sale of intoxicating liquor or 3.2 percent malt liquor.
e. Violation of laws relating to gambling.
f. Violation of laws relating to prostitution as defined in Minnesota Statutes,
Section 609.321, Subdivision 9, or acts relating to prostitution.
g. Unlawful use or possession of a€r�ea�, weapon. Violation of any �vea�ex�
of Minnesota Statutes, Section 609.66, Subdivision 1 a, 609.67,
609.02, subd. 6 or 624.713, and City Ordinance 19-402.
h. Loud persons City Ordinance 19-1201
i. Loud parties City Ordinance 19-1201
j. Noise cars/dogs City Ordinance 1-110- hornshadios City
City of Brooklyn Center 12-21 City Ordinance
i
ordinance 19-1201,02,03.
k. Fights City Ordinance 19-203
1. Allowing curfew/status offenses/underage drinking City Ordinance
19-301, and 19-304.
m. Disorderly conduct (Minn Stat. 609.72)
n. Property damage City Ordinance 19-211
o. Assaults Sth degree non-domestic City Ordinance 19-204
p. Public disturbance City Ordinance 19-202
q. Fire alarms City Ordinance 5-112
r. Interference with a peace officer (Minn Stat. 609.50)
s. Unlawful assembly (Minn Stat. 609.705) City Ordinance 19-1105
t. Presence at unlawful assembly (Minn Stat. 609.175)
u. Terrorist threats (Minn Stat. 609.713)
v. Loitering City Ordinance 19-201
2. The City Manager shall be responsible for enforcement and administration of this
Ordinance. Authority to take any action authorized under this section may be
delegated to the City Manager's authorized designee.
3. Upon determination by the City Manager that a licensed premises was used in a
disorderly manner, as described in paragraph 1, the City Manager shall give notice to
the licensee of the violation and direct the licensee to take steps to prevent further
violations.
4. If another instance of disorderly use of the licensed premises occurs within #�ee{-�
twelve (12) months of an incident for which a notice in paragraph 3 was given, the
City Manager shall notify the licensee of the violation and shall also require the
licensee to submit a written report of the actions taken, and proposed to be taken, by
the licensee to prevent further disorderly use of the premises. This written report
shall be submitted to the City Manager within five (5) days of receipt of the notice of
disorderly use of the premises and shall detail all actions taken by the licensee in
City of Brooklyn Center 12-22 City Ordinance
I
response to all notices of disorderly use of the preriuses within the preceduig three (3)
months.
5. If another instance of disorderly use of the licensed premises occurs within fi�r•ee{�}
twelve (12) months after any two previous instances of disorderly use for which
notices were given to the licensee pursuant to this section, the rental dwelling license
for the premises may be denied, revoked, suspended or not renewed. An action to
deny, revoke, suspend, or not renew a license under this section shall be initiated by
the City Manager who shall give to the licensee written notice of a hearing before the
City Council to consider such denial, revocation suspension or nonrenewal. Such
written notice shall specify all violations of this section, and sha11 state the date, time,
place and purpose of the hearing. The hearing shall be held no less than ten (10) days
and no more than thirty (30) days after giving such notice.
Following the hearing, the council may deny, revoke, suspend or decline to renew the
license for all or any part or parts of the licensed premises or may grant a license
upon such terms and conditions as it deems necessary to accomplish the purposes of
this section.
6. No adverse license action shall be imposed where the instance of disorderly use of
the licensed premises occurred during the pendency of eviction proceedings
(unlawful detainer) or within thiriy (30) days of notice given by the licensee to a
tenant to vacate the premises where the disorderly use was related to conduct by that
tenant or by other occupants or guests of the tenant's unit. Eviction proceedings sha11
not be a bar to adverse license action, however, unless they aze diligently pursued by
the licensee. Further, an action to deny, revoke, suspend, or not renew a license
based upon violations of this section may be postponed or discontinued at any time if
it appears that the licensee has taken appropriate measures which will prevent further
instances of disorderly use.
7. A determination that the licensed premises have been used in a disorderly manner as
described in paragraph 1 shall be made upon substantial evidence to support such a
determination. It shall not be necessary that criminal charges be brought in order to
support a determination of disorderly use, nor shall the fact of dismissal or acquittal
of such a criminal charge operate as a bar to adverse license action under this section.
8. All notices given by the City under this section shall be personally served on the
licensee or operator, sent by ��g�e�e� certified mail to the licensee's last known
address or, if neither method of service effects notice, by posting on a conspicuous
place on the licensed premises.
9. Enforcement actions provided in this section shall not be exclusive, and the City
Council may take any action with respect to a licensee, a tenant, or the licensed
premises as is authorized by this Code or state law.
City of Brooklyn Center 12-23 City Ordinance
i
Section 12-912. NO RETALIATION. No licensee shall evict, threaten to evict or take any I
other punitive action against any tenant by reason of good faith calls made by such tenant to law
enforcement agencies relating to criminal activity, suspected criminal activity, suspicious occurrences
or public safety concerns. This section sha11 not prohibit the eviction of tenants from a dwelling unit
for unlawful conduct of a tenant or invitee or violation of any rules, regulations or lease terms other
than a prohibition against contacting law enforcement agencies.
City of Brooklyn Center 12-24 Ciry Ordinance
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City of Braoklyn Center 12-25 City Ordinance
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City af Brooklyn Center 12-26 City Ordinance
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Section 12-914. TENANT BACKGROUND CHECKS.
1. All licensees will conduct criminal background checks on all prospective tenants.
The criminal background check must include the following:
(a) A statewide (Minnesota) criminal history check of all prospective tenants
covering at least the last three years; the check must be done "in person" or
by utilizing the most recent update of the state criminal history files;
(b) A statewide criminal history check from the prospective tenant's previous
state of residence if the tenant is moving directly from the previous state;
(c) A criminal history check of any prospective tenant in their previous states of
residence covering the last three years if they have not resided in Minnesota
for three years or longer;
(d) A criminal history check of any prospective tenant must be conducted in a11
seven counties in the metro Twin City area covering at least the last three
years including all misdemeanor, gross misdemeanor, and felony convictions.
(e) Licensees will retain criminal history check information far at least one year
after the date of the check or, if the subject of the check becomes a tenant of
the licensed premises, one year after the subject of the check has ceased to be
a tenant. Such information shall be available for inspection upon demand by
the City Manager or the City Manager's designee, during normal business
hours.
City of Brooklyn Center 12-27 City Ordinance
i
i
Section 12-1001. ENFORCEMENT AND INSPECTION AUTHORITY. The City Manager
and his designated agents shall be the compliance official who sha11 administer and enforce the
provisions of this Ordinance and who is hereby authorized to cause inspections on a scheduled basis
for rental dwelling units, and other buildings when reason exists to believe that a violation of this
Ordinance has been or is being committed. Inspections shall be conducted during reasonable
daylight hours, and the compliance official shall present evidence of official capacity to the occupant
in charge of a respective dwelling unit.
Section 12-1002. INSPECTION ACCESS. Any owner, occupant, or other person in charge
of a building may refuse to permit free access and entry to the structure or premises under his control
for inspection pursuant to this Ordinance, whereupon the compliance official may seek a court order
authorizing such inspection.
Section 12-1101. LTNFIT FOR HLJMAN HABITATION.
1. Any building or portion thereof, which is damaged, decayed, dilapidated, insanitary,
unsafe, vermin or rodent infested, or which lacks provision for basic illumination,
ventilation or sanitary facilities to the extent that the defects create a hazard to the
health, safety or welfare of the occupants or of the public may be declared unfit for
human habitation. Whenever any building or premises has been declared unfit for
human habitation, the compliance official shall order same vacated within a
reasonable time and shall post a placard on same indicating that it is unfit for human
habitation, and any operating license previously issued for such dwelling shall be
revoked.
2. It shall be unlawful for such building or portion thereof to be used for human
habitation until the defective conditions have been corrected and written approval has
been issued by the compliance official. It sha11 be unlawful for any person to deface
or remove the declaration placard from any such building.
Section I2-1102. SECURE i1NFIT AND VACATED BUILDINGS. The owner of any
building or portion thereof, 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 and welfare of the public and does not constitute a public nuisance.
Any vacant building open at doors or windows, if unguarded, shall be deemed to be a hazard to the
health, safety and welfare of the public and a public nuisance within the meaning of this Ordinance
and shall be made safe and secure immediately.
Section 12-1103. HAZARDOUS BUILDING DECLARATION. In the event that a building
has been declazed unfit for human habitation and the owner has not remedied the defects within a
prescribed reasonable time, the building may be declared a hazardous building and treated consistent
with the provisions of Minnesota Statutes.
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Section 12-1201. COMPLIANCE ORDER. Whenever the compliance official determines
that any building or portion thereof, or the premises surrounding any of these, fails to meet the
provisions of tlus Chapter, a compliance order setting forth the violations of the Ordinance and
ordering the owner, occupant, operator, or agent to correct such violations shall be issued. This
compliance order shall:
1. Be in writing.
2. Describe the location and nature of the violations of this Ordinance.
3. Establish a reasonable time for the correction of such violation and notify of appeal
recourse.
4. Be served upon the owner or agent or occupant, as the case may require. Such notice
shall be deemed to be properly served upon such owner or agent, or upon any such
occupant, if a copy thereof is:
a. Served upon owner, agent or occupant personally; or
b. Sent by l class mail to his/her last known address; or
c. Upon failure to effect notice through (a) and (b) as set out in this section,
posted at a conspicuous place in or about the building, or portion thereof,
which is affected by the notice.
Violations may be cited by the City and prosecuted, and license suspension, revocation or
non-renewal may be undertaken by the City whether or not a compliance order has been issued.
Section 12-1202. RIGHT OF APPEAL. When it is alleged by any person to whom a
compliance order is directed that sueh compliance order is based upon erroneous interpretation of
this Ordinance, such person may appeal the compliance order to the City Council sitting as a board
of appeals. Such appeals must be in writing, must specify the grounds for the appeal, must be
accompanied by a filing fee as set forth per council resolution, in cash or cashier's check, and must
be filed with the department of planning and inspection within five (5) business days after service of
the compliance order. The filing of an appeal sha11 stay a11 proceedings in furtherance of the action
appealed from, unless such a stay would cause imminent peril to life, health, or property.
Section 12-1203. BOARD OF APPEALS DECISION. Upon at least fi�e (5) business days
notice to the appellant of the time and place for hearing the appeal, and within thirty (30) days after
said appeal is filed, the board of appeals shall hold a hearing thereon, taking into consideration any
advice and recommendation from the advisory housing commission. The board of appeals may
reverse, modify, or affirm, in whole or in part, the compliance order and may order return of a11 or
part of the filing fee if the appeal is upheld.
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Section 12-120�. RESTRICTIONS ON TRANSFER OF OWNERSHIP. It sha11 be unlawfial
for the owner of any building, or portion thereof, upon whom a pending compliance order has been
served to sell, transfer, mortgage, lease or otherwise dispose thereof to another person until the
provisions of the ta.g or compliance order have been complied with, unless such owner shall furnish
to the grantee, lessee, or mortgagee a true copy of any notice of violation or compliance order and
shall obtain and possess a receipt of acknowledging. Anyone securing an interest in the building, or
portion thereof, who has received notice of the existence of a violation tag or compliance order sha11
be bound by same without further service of notice and shall be liable to all penalties and procedures
provided by this Ordinance.
Section 12-1205. PENALTIES. Any person who fails to comply with a compliance order
after right of appeal has expired, and any person who fails to comply with a modified compliance
order within the time set therein, upon conviction therefor shall be punished by a fine not to exceed
one thousand dollars ($1,000) or by imprisonment not to exceed ninety (90) days or both, together
with the costs of prosecution. Each day of such failure to comply shall constitute a separate
punishable offense.
Section 12-1206. EXECUTION OF COMPLIANCE ORDERS BY PUBLIC AUTHORITY.
Upon failure to comply with a compliance order within the time set therein and no appeal having
been taken, or upon failure to comply with a modified compliance order within the time set therein,
the criminal penalty established hereunder notwithstanding, the CiTy Council may, by resolution,
following a hearing upon not less than ten (10) days notice to the landowner cause the cited
deficiency to be remedied as set forth in the compliance order. The cost of such remedy shall be a
lien against the subject real estate and may be levied and collected as a special assessment in the
manner provided by Minnesota Sta.tutes, Chapter 429, but the assessment shall be payable in a single
insta.11ment.
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Section 12-1301. ALTERNATNE SANCTIONS. Notwithstanding the availability of the
foregoing compliance procedures and the penalties, whenever the compliance official determines that
any buildmg, or portion thereof, or the premises surrounding any of these fails to meet the
requirements set forth in this Ordinance, the compliance official may issue a violation tag
summoning the responsible person into court or request the issuance of a criminal complaint and
arrest warrant.
Section 12-1302. PENALTIES. Any person violating any of the provisions of this
Ordinance by doing any act or omitting to do any act which constitutes a breach of any section of this
Ordinance, shall, upon conviction thereof by lawful authority, be punished by a fine not to exceed
one thousand dollars ($1,000) or by imprisonment not to exceed ninety (90) days or both, together
with the costs of prosecution. Each day that a violation continues sha11 be deemed a separate
punishable offense. No provision of this Ordinance designating the duties of any official or
employee of the City shall be so construed as to make such official or employee liable for the penalty
provided in this section because of failure to perform such duty, unless the intention of the City
Council to impose such penalty on such official or employee is specifically and clearly expressed in
the section creating the duty.
Section 12-1401. SEPARABILITY. Every section, provision, or part of this Ordinance is
declared separable from every other section, provision, or part to the extent that if any section,
provision or part of the Ordinance shall be held invalid, it sha11 not invalidate any other section,
provision or part thereof.
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