HomeMy WebLinkAbout2008 11-18 HCA AGENDA
BROOKLYN CENTER
HOUSING COMMISSION
November 18, 2008
7:00 p.m.
All American Conference Room
Brooklyn Center City Hall
1. Call to Order: 7:00 p.m.
2. Roll Call
3. Approval of Agenda
4. Approval of Minutes October 21, 2008
(minutes will be a handout at the meeting)
5 Chairperson' s Report
6. Council Liaison Report
7. Review Ordinances Approved at November
10, 2008 City Council Meeting 1.Vacant
Building Ordinance 2. Graffiti Ordinance 3.
Inspections Ordinance
8. Update on Comprehensive Plan (including
Housing Element)
9. Other Business
10. Adjournment: 8:30 PM
Memorandum
To: Chairperson 5teve Landis and Housing Commission Members
From: Tom Bublitz, Community Development Specialist
Date: November 13, 2008
Subject: November 18, 2008 Housing Commission Agenda
I did not put the Rental Strategies Program update on the November agenda. After
discussing this with the Assistant to the City manager, Vickie Schleuning, she indicated
she would have more complete information on the status by December. I am planning
on it being a December agenda item.
As follow-up to the October Housing Commission meeting regarding information
contained in the October 17, 2007 memo from Vickie Schleuning and Gary Eitel,
"Vehicle Regulations for Residential Properties", only the "Junk/Inoperable Vehicles"
provisions have been adopted.
A Housing Commission Roster is included in your mailing. The correct number of
commissioners is a Chair and six members.
Please note we are meeting in the All American Conference Room (across the hall from
our usual meeting room). Our usual meeting room is being used as storage for election
ballots and until the Senate race re-count is completed we will not have access.
If you have any questions please call me at 763-569-3433.
NOTICE OF ORDINANCE ADOPTION
CITY OF BROOKLYN CENTER
ORDINANCE NO. 2008-11
AN ORDINANCE AMENDING CHAPTER 12 OF THE CITY CODE OF
ORDINANCES; ADDING NEW SECTIONS RELATING TO THE REGISTRATION
AND REGULATION OF VACANT BUILDINGS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 12 is amended to add the following new Sections:
Section 12-1501. POLICY. The �uroose of sections 12-1501 throu�h 12-1511 is to
protect the nublic health, safetu, and welfare bu establishing a�ro�ram for the
identification and re¢ulation of vacant buildinQs within the Citu. Sections 12-1501,
throu�h 12-1511 also determine the res�onsibilities of owners of vacant buildin�s and
provides for administration, enforcement, and nenalties associated with the same.
Section 12-1502. FINDINGS. Vacant buildin�s are a ma�or cause and source of bli�ht
in residential and non-residential neighborhoods, es�eciallv when Che owner or
resnonsible nartv of the buildin� fails to activel�r maintain and manage the buildinQ to
ensure it does not become a liabilit�� to the nei�hborhood. Vacant buildin�s often attract
transients, homeless oeonle, tresuassers, and criminals, includin� dru� abusers. Ne�lect
of vacant buildin�s, as well as use of vacant buildinQs bv transients and criminals. creates
a risk of fire, exolosion, or floodin� far the vacant buildin� and ad�acent nronerties.
Vacant nroAerties are often used as dumvine �rounds for iunk and debris and are often
over�rown with weeds and �rass. Vacant buildin�s-�e�t that are boarded up to nrevent
entrv bv transients and other lon�-term vacancies discoura�e economic development and
retard appreciation of oronertv values. There is a substantial cost to the citv for
monitorine vacant buildin�s whether or not those buildin�s are boarded un. This cost
should not be borne bv the Qeneral tax�avers of the communitu but rather these costs
should be borne bv those who choose to leave their buildin�s vacant.
ORDINANCE NO. 2008-11
Section 12-1503. DEFINITIONS. The followine definitions shall apnlv in the intemretation and
enforcement of sections 12-1501 throu�h 12-1511.,
1. Com�liance Official the Cit�� Mana�er and #�s the Citv Mana?er's desienated
a�ents authorized to administer and enforce sections 12-1501 throu�h 12-1511 of
this Code.
2. Building a buildina or structure desi�ned for business use or human use or
occunancv.
3. Owner those shown to be the owner or owners on the records of the Hennepin
Countv Denartment of Pronertv Taxation: those identified as the owner or owners
on a vacant buildin� registration form, a holder of an unrecorded contract for deed,
a mort�a�ee or vendee in vossession. a mort�a�or or vendor in �ossession, an
assi�nee of rents, a receiver. an executor, a trustee, a lessee, other �erson, firm or
corooration in control of the freehold of the �remises or lesser estate therein. An
owner also means anu nerson. uartnershiv. association, corooration, or fiduciarv
havin� a le�al or eauitable title or anu interest in the pronertv or buildin�. This
includes anv partner, officer. or director of anu bartnershio, comoration, association
or other lesallv-constituted business entit��. All owners shall have �oint and several
obli�ations for comaliance with the �rovisions of sections 12-1501 through 12-
1511 of this Code.
4. Resnonsible nartv means an owner. occu�ant, entitv or verson actin� as an aeent
for the owner who has direct or indirect control or authoritv over the buildin� or
real nronertv unon which the building is located. Ami nartv havin� a leQal or
eQUitable interest in the vronertv. Resvonsible vartv mav include. but is not limited
to, a realtor. service �rovider, mort�a�or, leasin� a�ent, mana�ement companv or
similar nerson or entitv.
5. Vacant buildin� a buildine or structure is vacant if no �erson or persons actuallv
and currentiv conducts a lawful business or lawfull�� resides or lives in anU nart of
the buildine on a oermanent. nontransient basis in accordance with the Citv's
zonin� reeulations.
Section 12-1504. VACANT BUILDING REGISTRATION.,
1. Application. The owner or res�aonsible nartv must register a vacant buildin� with the,
Citv no later than thirt� (301 davs after the buildin� becomes vacant. The re�istration must be,
submitted on a form nrovided bv the Citv and shall include the followin� information su�vlied
bv the owner:
a. The name. address, telephone number, and email address� if annlicable, of each
owner or the owner's revresentative;
ORDINANCE NO. 2008-11
b. The names, addresses, telephone numbers, and email addresses, if avvlicable, of all
i known lien holders and all other oarties with anv le�al interest in the buildin�;
c. The name, address, televhone number, and email address, if aonlicable, of a local
agent or nerson resnonsible for mana�ine or maintainin� the nronertv;
d. The legal descrivtion. tax narcel identification number. and street address of the
premises on which the buildinQ is situated;
e. A descrintion of the nremises, includin� the common address of the pronertv;
f. The date the building became vacant. the �eriod of time the buildin¢ is exnected to
remain vacant, and a nronertv nlan and timetable for returnin� the buildin� to,
anvronriate occuoancv or use and for correctin� code violations and nuisances, or
for demolition of the buildin�;
g. The status of water. sewer, natural �as and electric utilities.,
h. The owner must notifv the comnliance official of anv chan�es in information
sunnlied as uart of the vacant buildine re�istration within thirtv (301 davs of the
chan�e.
2. Pronertv Plan. The nrovertv nlan identified in section 12-1504(11(fl must meet the
followin� reauirements:
a. General nrovisions. The vlan must comvlv with all annlicable re�ulations and meet
the avnroval of the comoliance official. It must contain a timetable reeardin� use or
demolition of the vrovertv. The vlan must be comoleted within 30 da� a
after the buildin� is reQistered.
b. Maintenance of buildine. The Dlan must identifv the means and timetable for
addressine all maintenance and nuisance-related items identified in the a�nlication.
Anv renairs, improvements or alterations to the pronertv must comnlv with the
annlicable buildin� codes and citv reQulations.
c. Plan Chanees. If the nroDertv nlan or timetable for the vacant buildin� is revised in
anv wav, the revisions must meet the a*�nroval of the comoliance official.
d. Demolition Reauired. If a buildine has remained vacant for a period of three
hundred and sixtv-five (3651 consecutive davs, and the comnliance official has not
annroved an alternative schedule in the *�ronertv nlan. the owner must demolish the
buildin� and restore the Qrounds. If the owner does not demolish the buildin�. the
citv mav commence abatement and cost recover�� nroceedines for the abatement of
the violation in accordance with citv code section 19-105.
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ORDINANCE NO. 2008-11
3. Non-comaliance and Notification. If the owner does not comvlv with the nronertv
vlan or maintain or correct nuisance items, the Cit�� mav commence abatement and
recover its costs for correction of those items in accordance with cit�� code section 19-
105. In the case of an absent owner and onQOin� nuisance items, the cit�� need not
nrovide notice of each abatement act to the owner. A sinale notice bv the citv to the
owner that it intends to orovide on�oing abatement until the owner corrects the items.
will be sufficient notice.
4. Exemutions.
a. Fire DamaQe. A building that has suffered fire dama�e is exem�t from the
resistration reauirement for a oeriod of ninetv (901 davs after the date of the fire if the
owner submits a reouest for exemntion in writin� to the comvliance official. A reQUest
for exemntion must be aonroved bv the code official and include the followinQ
information suvplied bv the owner:
i.A description of the premises;
ii. The name and address of owner or owners;
iii. A statement of intent to reoair and reoccuvv the buildin� in an exoeditious
manner and the time frame for completion;
iv. Actions the owner will take to ensure the pronertv does not become a nuisance
for the nei�hborhood.
b. "Snowbirds." Those versons who leave their residential buildinas on a temnorarv
basis for vacation nurooses or to reside elsewhere durin� the winter season and have the
intent to return are exemot from the re�istration re�uirement. Exemntion as a
"snowbird" will be eranted with oroner verification.
5. Fees. The owner must oav an annual re�istration fee. The re�istration fee will be in an,
amount adonted bv resolution bv the Citv Council. The amount of the re�istration fee
shall be reasonablv related to the administrative costs for re�isterine and �rocessin� the
re�istration form and for the costs of the Cit�� in monitorin� the vacant buildin� site.
The fee must be naid in full nrior to the issuance of any buildin� nermits or licenses,
with the excention of a demolition uermit.
6. Waiver of Fee. The reeistration fee mav be waived if the owner or resoonsible nartv
has naid all nast due reQistration fees and all other financial obligations and debts owed
to the Citv that are associated with the vacant pronertv and demonstrates, to the
satisfaction of the comnliance official:
a. that the nronertv is re with the exce*�tion of demolition_ within a oeriod
of time deemed reasonable to the com�liance official: and either
ORDINANCE NO. 2008-11
b. that he or she is in the orocess of demolition, rehabilitation. or other substantial
repair of the vacant buildin�; or
c. that he ar she has a nlan for the �,�e-�«�=t��t�r��a�= demolition,
rehabilitation, or other substantial revair of the vacant buildin� in a ner�od of time
that is deemed reasonable to the comnliance official:.
67. Assessment. If the reQistration fee or an�� nortion is not naid within 60 davs after
billin�, or within 60 davs after anv anDeal becomes final, the Citv Council mavi certifv
the unnaid cost a�ainst the nronertv in accordance with the orocess set forth in section
19-105 of this code.
�8. Issuance of Permit. Uoon comvletion of the reQistration urocess and vavment of the
fee, the Citv will issue a Vacant Buildine Permit to the owner. The owner must
securelv nost the permit on the vacant building. if nossible, on a side entrance door that
is not Qenerallv visible from the nublic street. If no side entrance door is available, the
permit must be securelv nosted on another available entrance door. If the oropertv is
abandoned or the owner or resnonsible uartv fails to comnlete the re�istration vrocess,
the nronertv will be administrativelv reeistered as a vacant nrouertv.
Section 12-1505. CHANGE OF OWNERSHIP. A new ownerlsl must re�ister or re-re�ister a
vacant buildinQ under section 12-1504 within fifteen (151 daus of anv transfer of an ownershi�p
interest in a vacant buildinQ. The new owner(s1 must comnlv with the annroved nronertv plan
and timetable submitted bv the nrevious owner. Anv nronosed chanees in the nrovertv nlan must
be submitted and anproved bv the comnliance official.
Section 12-1506. INSPECTIONS. The comnliance official mav inspect anv vacant buildin� in
the Citv for the nurnose of enforcinQ and assurine comnliance with sections 12-1501 throu�h 12-
1511 and other anplicable re�ulations. Unon the reouest of the comnliance official, an owner or
resvonsible nartv must nrovide access to all interior oortions of the building and the exterior of
the nropertv in order to comnlete an insnection. If the owner or resnonsible nartv is not available
to nrovide access to the interior of the buildinQ, the Citv mav use anv leeal means to �ain
entrance to the buildin� for insnection Durooses. Prior to anv re-occunancv. a vacant buildin�
must be insnected bv the Citv and found to be in comvliance with �hanter 12 of the Citv Code
o,.+;,,.,� cn, c> and all other aonlicable regulations. All annlication and
reinsnection fees must also be naid nrior to anv reoccunancv of the buildin�. All such fees are
set bv Resolution of the Citv Council.
Section 12-1507. MAINTENANCE OF VACANT BUII.DINGS. The owner must complv with
and address the followin� items in the nronertv nlan. as described in section 12-1504(21:
1. Appearance. All vacant buildin�s must be so maintained and kent that thev anAear to
be occupied.
ORDINANCE NO. 2008-11
2. Securin�. All vacant buildin�s must be secured from outside entrv bv unauthorized
persons or �ests. Securitv must be bv the normal buildin� amenities such as windows
n windows must
and doors havinQ adeauate stren�th to resist intrusion. All doors a d
remain locked. There shall be at least one ouerable door into everv buildinS and into
each housing unit. Exterior walls and roofs must remain intact without holes.
a. Architectural �Cosmetic) Structural Panels. Architectural structural panels mav
be used to secure windows. doors and other onenines nrovided thev are cut to fit
the ovenin� and match the characteristics of the buildin�. Architectural �anels mav
be of exterior �rade-finished �lvwood or Medium Densitv Overlaid nlvwood
(MDO) that is Dainted to match the buildin� exterior or covered with a reflective
material such as nlexi-elass to simulate windows.
b. Temnorarv SecurinQ. Untreated nlvwood or similar structural vanels or temnorarv
construction fencing mav be used to secure windows. doors and other ooenin�s for
a maximum period of 14 davs.
c. "Artistic" board-un. With nrior annroval of the comvliance official, artistic
options mav be utilized to secure a vacant buildin�.
d. EmerQencv securine. The comnliance official mav take stens to immediatelv
secure a vacant buildine at his or her discretion in emer�encv circumstances.
3. Fire Safetv.
a. Fire nrotection svstems. Owners of non-residential vacant buildin�s must
maintain all fire nrotection svstems, annliances and assemblies in ooeratine condition
and maintain underwriter laboratories �i�� (ULl monitorin� of all svstems.
b. Removal of hazardous and combustible materials. The owner of am� vacant
buildin�. or vacant nortion thereof. must remove all hazardous material and hazardous
refuse that could constitute a fire hazard or contribute to the spread of fire.
4. Plumbin� fixtures. PlumbinQ fixtures connected to an apnroved water svstem, an
avnroved sewa�e svstem, or an annroved natural eas utilitv svstem must be installed in
accordance with anvlicable codes and be maintained in sound condition and good repair
or removed and the service terminated in the manner �rescribed bv apnlicable codes.
The buildin�'s water svstems must be �rotected from freezin�.
5. Electrical. Electrica] service lines. wirine, outlets or fixtures not installed or
maintained in accordance with a�plicable codes must be re�aired, removed or the
electrical services terminated to the buildin� in accordance with a�nlicable codes.
6. Li�hting. All exterior liQhtin� fixtures must be maintained in 400d repair, and
illumination must be nrovided to the buildin� and all walkwaus in the same manner as
ORDINANCE NO. 2008-11
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vrovided at the time the buildine was last occunied or as otherwise nrovided in the
anuroved vacant buildin� plan. I
7. Heatin�. Heatin� facilities or heatinQ eauinment in vacant buildines must be removed,
rendered inonerable, or maintained in accordance with anplicable codes. I
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8. Termination of utilities. The comnliance official mav reauire that water. sewer,
electricitv, or �as service to the vacant buildin� be terminated or disconnected. Prior to
the termination of anv utilitv service, written notice must be �iven to the owner. No
utilitv mav be restored until consent is eiven bv the comnliance official. Utilities mav
be discontinued at the reouest of the owner or resnonsible nartv as nart of the anvroved
vacant buildins nronertv nlan. The comnliance official mav authorize immediate
ternunation of utilities at his or her discretion in emer�encv circumstances.
9. Signage. Obsolete or unused exterior si�ns and installation hardware must be removed.
Holes and penetrations must be nronerlv natched and nainted to match the buildin�.
Surfaces beneath the signs that do not match the building must be reoaired, resurfaced,
nainted or otherwise altered to be comnatible with the buildin� surfaces.
All signs must be maintained in eood condition and in comvliance with Chanter 34 of
this code. Auction siQns or attention-�etting devices mav be ulaced on a nronertv for no
more than fourteen (141 consecutive davs nrior to the auction date and must be removed
within three (3) davs followin� the auction.
10. Exterior maintenance. The owner must comnlv with all aDnlicable nronertv
maintenance re�ulations and citv codes includine. but not limited to. the followin�:
ro ert that
a. Public nuisances. The owner must eliminate anv activitv on the n n v
constitutes a public nuisance as defined bv section 19-103 of the citv code.
b. Grass and weeds. Anv weeds or �rass must be no ereater than six (61 inches in
hei �ht.
teri r tructure maintenance. The owner must maintain the vacant buildm� m
c. Ex o s
comnliance with sections 12-701 throueh 12-713 as determined to be necessarv bv the
code officiaL
d. Abandoned or iunk vehicles. The owner must remove abandoned and iunk
vehicles from the nropertv. The Citv mav imnound such vehicles consistent with the
reQUirements in Chanter 19 of the citv code.
e. Stora�e and disnosal of refuse. The stora�e and disnosal of refuse must comnlv
with the reauirements of Chanter 7 of the citv code.
f. Animals. The owner must ensure that all animals are removed from the nropertv
and handled in a humane manner.
Diseased. dead or hazardous trees. The owner must remove diseased, dead or
hazardous trees or branches from the vronertv in accordance with Chavter 20 of the citv
code.
h. Gra�ti. The owner must remove all eraffiti from the nrovertv in accordance with
citv ordinance.
ORDINANCE NO. 2008-11
i. Abandoned pools. Swimming nools must be maintained in eood ooerating
condition: treated to urevent nest harborase; or oronerlv drained and emntied.
Swimmin� nools must be secured in accordance with citv code section 19-1402.
11. Removal of �arba�e and refuse. The owner of anv vacant buildin�, or vacant uortion
thereof, must remove all �arba�e, refuse. rubbish. swill. filth, or other materials from
the vacant buildin� and the nronertv uvon which the buildine is located.
12. Police protections svstems. The owner must nronerlv maintain all alann svstems in
anv vacant buildin� or portion thereof in oneratin� condition.
13. Loiterin�. criminal activities. Loitering or enea�ing in criminal activities is not
allowed in the vacant buildin� or on the real vronertv uvon which the vacant buildin� is
located. The owner or resnonsible nartv must not allow these activities and take
immediate actions to eliminate these conditions once notified bv the citv.
14. Emergencv Abatement. The comvliance official mav authorize immediate abatement
of anv nublic nuisance or maintenance item if, in the discretion of the com�aliance
official, emer�encv circumstances exist that uresent an imminent threat to the vublic
health and safetv.
15. Other Codes. All other citv codes and anvlicable re�ulations must be comnlied with.
Section 12-1508. NO OCCUPANCY OR TRESPASS. No person mav tresnass, occunv or
reside in, on a temnorarv or nermanent basis, anv vacant buildin� without the owner's consent.
Section 12-1509. VANDALISM OR REMOVAL OF ITEMS PROHIBITED. No verson mav
vandalize or remove items from a vacant buildin� or the nrouertv unon which it is located,
includine. but not limited to, at�pliances, fixtures, electrical wiring. cooner, or other similar items
without the owner's consent.
Section 12-1510. APPEAL. Anv person or resnonsible nartv a�srieved bv a decision under
sections 12-1501 throueh 12-1509 mav aDneal to the Citv Council. The anneal must be in
writin�, must snecifv the erounds for the anneal, and must be submitted to the Citv Mana�er
within ten business davs of the decision that is basis of the anpeal.
Section 12-1511. PENALTIES. Anv person or resnonsible nartv who violates sections 12-1501
throu�h 12-1510 is subiect to the nenaltv as nrovided under section 12-1205 of this code.,
Nothin� in sections 12-1501 through 12-1511, however. is deemed to imvair other remedies or
civil nenalties available to the Citv under this code or state law. including. but not limited to,
Minnesota Statutes Sections 463.15 throu�h 463.261.
Section 2. This ordinance shall become effective after adoption and after thirty (30) days
following its legal publication.
Adopted this 10` day of November, 2008.
ORDINANCE NO. 2008-11
Mayor Tim Willson
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ATTEST: City Clerk Sharon Knutson
Date of Publication: November 20, 2008
Effective Date: December 20, 2008
(Underline indicates new matter; double underline indicates matter added since first reading,
strikeout indicates matter to be deleted.)
NOTICE OF ORDINANCE ADOPTION
CITY OF BROOKLYN CENTER
ORDINANCE NO. 2008-10
AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY CODE OF
ORDINANCES ADDING NEW SECTIONS RELATING TQ THE
ABATEMENT OF GRAFFITI
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 19 is amended to add the following new Sections:
Section 19-3000. FINDINGS AND PURPOSE. The Citu Council of the Citv of Brooklvn
Center is enactin� sections 19-3000 throu�h 19-3006 to help nrevent the spread of �raffiti
vandalism and to establish a nroQram for the removal of graffiti from oublic and nrivate propertv.
The Council finds that �raffiti is a nublic nuisance and destructive of the ri�hts and values of
nropertv owners as well as the entire communitv. Graffiti peroetrators are often associated with
other criminal activities, includinQ violent crimes. Unless the Cit�� acts to remove �raffiti from
public and nrivate nronertv, the graffiti tends to remain. Other oronerties then become the tareet
of �raffiti and entire nei�hborhoods are affected and become less desirable places in which to be,
all to the detriment of the citv.
The Citv Council intends, throu�h the adontion of sections 19-3000 throu�h 19-3006 to orovide
additional enforcement tools to vrotect nublic and nrivate vroAertv from acts of Qraffiti
vandalism and defacement of vublic and nrivate �ronertv. The council does not intend for these
sections to conflict with anv existine anti-Qraffiti state laws or "criminal damage to pronertv"
laws.
Section 19-3001. DEFINITIONS. The followinQ definitions shall apnlv in the interoretation and
enforcement of sections 19-3000 throu�h 19-3006.
1. Aerosol Paint Container means anv aerosol container that is ada�ted or made for the
nurpose of anplvin� svrav paint or other substances canable of defacin� nronertv.
2. Broad-Tinned Marker means anv felt tiv indelible marker or similar imolement with a
flat or an�led writin� surface that. at its broadest width, is �reater than one-fourth of an inch,,
containin� ink or other ni�mented liauid that is not water soluble.
3. Citv Mana�er the Citv Manager of the Citu of Brooklvn Center or the Manaaer's
authorized desi�nee.
4. Etching Eauinment means anv tool, device. or substance that can be used to make
nermanent rnarks on anv natural or man-made surface.
ORDINANCE NO. 2008-10
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5. Graffiti means anv unauthorized inscriution. word, fieure, naintine, svmbol, or other
defacement that is written, marked, etched, scratched, snraved. drawn. nainted, or en�raved
on or otherwise affixed to anv surface of nublic or nrivate nronertv bv anv �raffiti
imnlement, t^ that ��e�€i� was not authorized in advance bv the owner or
occunant of the nronertv. or, desnite advance authorizations. otherwise is deemed a public
nuisance bv the citv council.
6. Graffiti Imnlement means an aerosol naint container, a broad-tinDed marker, gum label,
paint stick or �raffiti stick, etchin� eauinment, brush or anv other device canable of scarring
or leavine a visible mark on anv natural or man-made surface.
7. Paint Stick or Graffiti Stick means anv device containinQ a solid form of paint. chalk,
wax, enoxv, or other similar substance canable of bein� annlied to a surface bv nressure and
leaving a mark of at least one-fourth of an inch in width.
8. Owner those shown to be the owner or owners on the records of the Hennepin Countv
Denartment of Provertv Taxation: those identified as the owner or owners on a vacant
buildine re�istration form, a holder of an unrecorded contract for deed. a morteaQee or
vendee in nossession, a mort�agor or vendor in nossession, an assi�nee of rents. a receiver.
an executor, a trustee, a lessee. other nerson. firm or corporation in control of the freehold of
the nremises or lesser estate therein. An owner also means anv nerson, nartnershin,
association, corooration, or fiduciarv having a le�al or eauitable title or anv interest in the
vrovertv or buildinQ. This includes anv nartner. officer, or director of anv nartnershin,
corooration, association or other legallv-constituted business entitv. All owners shall have
ioint and several obliQations for comnliance with the nrovisions of sections 19 throueh
19-3006 of this code.
9. Resnonsible Partv means an owner, occunant. entitv or nerson actine as an a�ent for the
owner who has direct or indirect control or authoritv over the buildine or real vrovertv unon
which the buildine is located, and anv nartv havins a le�al or eauitable interest in the
nrovertv. Resnonsible nartv mav include, but is not limited to, a realtor, service nrovider.
mort�agor, leasin� a�ent, mana�ement comnanv or similar nerson or entitv.
Section 19-3002. PROHIBITED ACTS.
1. Defacement. It is unlawful for anv nerson to annlv Qraffiti to anv natural or man-
made surface on anv vubliclv or Drivatelv-owned nronertv.
2. Possession of graffiti imnlements. Unless otherwise authorized bv the owner or
occupant, it is unlawful for anv nerson to nossess anv �raffiti imnlement while:
a. within 200 feet of anv Qraffiti located in or on a public facilitv, nark,
nlaveround, swimming nool. recreational facilitv_ bridQe, or other nublic buildin� or
structure owned or onerated bv a�overnmental a�encv: or
b. within 200 feet of anv graffiti located in anv nublic nlace or on nrivate
nropertv. between the hours of 10:00 n.m. and 5:00 a.m.
Section 19-3003. GRAFFITI AS NUISANCE.
ORDINANCE NO. 2008-10
1. Declaration. The existence of �raffiti on public or nrivate nronertv is exvresslv
declared to be a nublic nuisance and. therefore, is subiect to the removal and abatement
nrovisions snecified in sections 19-3004 and 19-3005..
2. Dutv of nroaertv owner. It is the dutv of both the owner of the vrouertv to
which the �raffiti has been avnlied and anv resnonsible �artv to at all times keeo the nrovertv
clear of eraffiti.
3. Re�eat violations. If a vronertv is subiect to three or more occurrences of �raffiti
within a vear, anvlication of anti-�raffiti material of a t���e and nature that is acceotable to the
citv mav be reauired for each of the vubliclv viewable surfaces after notification bu the citv, or
imposed durin� imvrovements or construction activities to the site as determined bF� the citv.
Section 19-3004. REMOVAL OF GRAFFITI.
1. Bv pernetrator. The Citv mav reauire anv verson aunlving �raffiti on nublic or
vrivate nronertv to either remove or vav for all costs for removal of the Qraffiti within 24 hours
after notice bv the citv or Aronertv owner. The removal must be oerformed in a manner
prescribed bv the citv, with materials and colors compatible with existin� surfaces, and to a
condition that is comoarable to or imnroved uvon the condition that existed before the �raffiti
anplication, as determined bv the citv. Where �raffiti is aonlied bv a nerson under 18 vears old,
the parents or le�al �uardian will also be resoonsible for such removal or for oavment for the
costs of removal. Failure of anv nerson to remove eraffiti or oav for the removal will constitute
an additional violation of Section 19-3000 throuQh 19-3006 ^r�'
2. Bv nronertv owner or citv. In lieu of the vrocedure set forth in oara�ranh 1, the
citv mav order that the eraffiti be removed b�� the vronertv owner or resoonsible vartv. Graffiti
removal and corrections must be performed with materials and colors com�atible with existin�
surfaces as determined bu the citv. If the nronertv owner or resvonsible nartv fails to remove
offendin� eraffiti within the time soecified bv the citv, the citv mav commence abatement and
cost recoverv vroceedings for the �raffiti removal in accordance with section 19-3005.,
Section 19-3005. ABATEMENT PROCEDURE.
1. Abatement bv citv. If the owner or resoonsible nartv does not comnlv with the notice
within the time snecified, the citv mav abate the Dublic nuisance.
2. Notice and Hearin¢. The followin� notification must be conducted nrior to citv
abatement of the nublic nuisance. Whenever it is determined that a�ublic nuisance is bein�
maintained or exists on a pronertv, the Citv Manager must Qive seven (71 davs' written notice,
throu�h service bv mail. bv postine a notice on the oronertv, or bv nersonal deliverv to the owner
or resnonsible vartv of the nroDertv on which the oublic nuisance is located. When the propertv
is occuvied, service uoon the occunant is deemed service uoon the owner. Where the pronertv is
unoccunied or abandoned. service mav be bv mail to the last known owner of record of the
nronertv or bv nostin� on the nronertv. The notice must state:
a. A descrintion of the public nuisance;
ORDINANCE NO. 2008-10
b. That the �ublic nuisance must be corrected within 7 da��s of the service of the
notice;
c. That if the vublic nuisance is not vronerlv removed or corrected as ordered, the
uublic nuisance will be abated bv the citv and the costs of abatement will be sveciallv
assessed to the propertv taxes;
d. That the owner or responsible nartv of the nronertv on which the nublic nuisance
is located mav in writin� reauest a hearin� before the Citv Mana�er.
3. Hearin�. Action. If a hearinQ is re�uested durinQ the 7-dau veriod, the Citv
Mana�er must nromntiv schedule the hearin�, and no further action on the abatement of the
nublic nuisance mav be taken until the Manager's decision is rendered. At the conclusion of the
scheduled hearin�, the Manaeer mav il cancel the notice to remove or correct the !�ublic
nuisance, ii) modifv the notice, or iiil affirm the notice to remove or correct the public nuisance.
If the notice is modified or affirmed. the vublic nuisance must be disvosed of in accordance with
the citv's written order.
4. Summarv abatement. The enforcing officer ma�� nrovide for abatinQ a aublic
nuisance without followin� the nrocedure reauired in nara�ranh 2 when:
a. there is an immediate threat to the public health or safetv;
b. there is an immediate threat of serious �ronertv dama�e;
c. a oublic nuisance has been caused bu Drivate uarties on oublic nrouertv; or
d. anv other condition exists that violates state or local law and that is a
nublic health or safetv hazard.
A reasonable attemnt must be made to notifu the owner, occunant, or other resnonsible
vartv of the intended action and the ri�ht to a�aneal the abatement and cost recoverU at the next
reeularlv-scheduled Citv Council meetin�.
5. Cost recoverv. The owner of oronertv on which a nuisance has been abated by
the citv, or a nerson who has caused a public nuisance on nronertv not owned bv that verson, is
personall� liable to the citv for the cost of the abatement, includinQ administrative costs. As,
soon as the work has been com�leted and the cost determined, the city will nrenare a bill for the
cost and mail it to the owner or other res�onsible vartv. The amount is immediatelv due and
navable to the citv.
6. Assessment. If the cost, or an�� vortion of it, has not been vaid within 30 davs
after the date of the bill, the council mau certifv the unnaid cost a�ainst the oronertv to which the
cost is attributable in accordance with the vrocess set forth in section 19-105 of this Code.
Section 19-3006. PENALTIES.
l. Anv violation of sections 19-3000 throueh 19-3006 is a misdemeanor, �unishable
in accordance with state law. The Citu is not, however. vrecluded from seeking other remedies
ORDINANCE NO. 2008-10
or civil nenalties available under this code or state law. A nrivate nronertv owner mav also seek
additional nenalties or remedies.
Section 2. This ordinance shall become effective after adontion and unon thirtv (30) davs
followin� its leeal nublication.
Adopted this 10` day of November, 2008.
Mayor Tim Willson I
ATTEST: City Clerk Sharon Knutson I I,
I
Date of Publication: November 20, 2008
Effective Date: December 20, 2008
(Underline indicates new matter; strikeout indicates matter to be deleted, double underline
indicates new matter since first reading.)
3.
NOTICE OF ORDINANCE ADOPTION
CITY OF BROOKLYN CENTER
ORDINANCE NO. 2008-12
AN ORDINANCE AMENDING CHAPTER 12 RELATED TO INSPECTIONS
AND NOTIFICATION
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section l. Chapter 12 is amended as follows:
Section 12-201. DEFINITIONS. The following definitions shall apply in the
interpretation and enforcement of this Chanter where not otherwise defined within a
section.
l. Approved acceptable to the jurisdiction having authority and meeting all
applicable codes.
2. Accessory 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. Building any structure used or intended for supporting or sheltering any use or
occupancy.
4. Compliance Official the City Manager and his designated agents authorized to
administer and enforce this Ordinance.
5. Dwelling 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. Dwelling unit a single residential accommodation which is arranged, designed,
used or, if vacant, intended for use exclusively as a domicile for one family.
Where a private garage is structurally attached, it shall be considered as part of
the building in which the dwelling unit is located.
7. Family any of the following definitions shall apply:
—A person or persons related by blood, marriage, or adoption, together with his or
their domestic servants or gratuitous guests, maintaining a common household in
a dwelling unit;
ORDINANCE NO. 2008-12
—Group or foster care of not more than six (6) wards or clients by an authorized
person or persans, related by blood, marriage, or adoption, together with his or
their domestic servants or gratuitous guests, all maintaining a common household
in a dwelling unit approved and certified by the appropriate public agency;
—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.
9. Garbage putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
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,
utility rooms of less than 50 square feet of floor space, foyers, communicating
corridors, stairways, closets, storage spaces, and workshops, hobby and recreation
areas in parts of the structure belo.w 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. Multiple family dwelling� 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. Occupant any person (including owner or operator) occupying any structure,
building or part thereof, dwelling, dwelling unit, rooming unit or premise.
17. Operator the owner or agent who has charge, care, control, or management of a
building, or part thereof.
ORDINANCE NO. 2008- I2
18. Owner a person, agent, firm, 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 occupant load the ma�cimum 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.
21. Plumbing all of the following supplied facilities and equipment in a building:
gas pipes, gas burning equipment, water pipes, steam pipes, garbage clisposal
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 area 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. Reinsnection- a follow-un inspection conducted to determine if a code violation
has been corrected; a scheduled inspection that a licensee. owner or other
resnonsible nartv fails to attend; or a scheduled insnection that does not occur or
is nrevented due to anv act of a licensee. owner or resnonsible nartv.
�26. Rental dwelling or dwelling unit a dwelling or dwelling unit let for rent or lease.
�27. Repair to restore to a sound and acceptable st�te of operation, serviceability or
appearance.
?�28. Rodent harborage any place where rodents can live, nest, or seek shelter.
�829. 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.
?330. 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 similar materials.
ORDINANCE NO. 2008-12
f �931. Safety the condition of bein reasonabl free fr
g y om danger and hazards which
may cause accidents or disease.
�-32. Structure that wliich 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.
�33. Substandard dwelling any dwelling which does not conform to the minimum
standards established by City Ordinances.
�34. Supplied paid for, furnished by, provided by or under the control of the owner,
operator, or agent of a building.
�435. Meaning of certain words whenever the words "dwelling", "dwelling unit",
"premises", "building", or "structure" are used in this Ordinance, they shall be
construed as though they were followed by the words "or any part thereof".
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.
A delinquency penalty of 5% of the license fee for each day of operation without a valid
license shall 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 entitIed 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 incuned by the City in connection with receiving and processing
the application
All reinsnection fees are �s set by City Council resolution ��-�-6��;�
If �the -reinspection is bein� nerformed as
part of the licensin� nrocess, fee(s) must be naid Drior to the time of license
issuance or renewal for the property in the case of renta] housing �and at the time of
recertification of occupancy for nonresidential properties. If a reinsnection fee or anv Aortion is
not paid within 60 davs after billinQ, or within 60 davs after anv anneal becomes final, the Citv
Council mavi certifv the unnaid cost aeainst the pronertv in accordance with the process set forth
in Section 19-105 of this code.
Section 12-911. CONDUCT ON LICENSED PREMISES.
8. All notices given by the City under this section shall lie personally served on the
licensee, sent by �egi��e�e� First Class mail to the licensee's last known address
ORDINANCE NO. 2008-12
or, if neither method of service effects notice, by posting on a conspicuous place
on the licensed premises.
Section 2. This ordinance shall become effective after adontion and unon thirtv (30) davs
followinQ its leQal publication.
Adopted this 10` day of November, 2008.
Mayor Tim Willson
ATTEST: City Clerk Sharon Knutson
Date of Publication: November 20, 2008
Effective Date: December 20, 2008
(Underline indicates new matter; strikeout indicates matter to be deleted; double underline and
double strikeout indicates new matter and deletions since first reading.)
Tom Bublitz
om: Tom Bublitz
nt: Wednesday, November 12, 2008 3:29 PM
'Steve Landis'
Subject: November Housing Agenda
Hello Steve:
I am preparing the November 18 Housing Commission Agenda which I plan to get in the mail by tomorrow Nov. 13
Please let me know what you think (by tomorrow AM) regarding the following as agenda items:
Defer report on status of Rental Strategy program to December meeting. Vickie S. indicated she would have
more complete info on the status by December.
Review three ordinances passed at the November 10 City Council Meeting RE: 1. Vacant Properties 2. Graffiti
3. Re-inspection fees. These were the three ordinances distributed at the October Housing Commission
meeting.
Update on Comp Plan (brief staff report)
Other items?
Regarding the roster, I confirmed we are authorized for a Chair and six commissioners so we are down only one
commissioner.
Regarding the info contained in the October 18 2007 memo from Vickie S, and Gary E., RE: "Vehicle Regulations for
�sidential Properties", only the "Junk/Inoperable Vehicles" provisions have been adopted.
Thanks.
Tom Bublitz
Community Development Specialist
City of Brooklyn Center
763-569-3433 Phone
763-569-3360 FAX
tbublitzC«�ci.brooklvn-center.mn.us
WEB: CityofBrooklynCenter.org
i