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HomeMy WebLinkAbout1991-17 09-23 CCO CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 9th day of September 1991 at 7:15 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 12 extending the housing maintenance and occupancy code to include commercial and industrial properties. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. 91 -17 AN ORDINANCE AMENDING CHAPTER 12 OF THE CITY ORDINANCES EXTENDING THE HOUSING MAINTENANCE AND OCCUPANCY CODE TO INCLUDE COMMERCIAL AND INDUSTRIAL PROPERTIES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 12 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: CHAPTER 12 [HOUSING] BUILDING MAINTENANCE AND OCCUPANCY ORDINANCE Section 12 -101. PURPOSE. The purpose of this ordinance is to protect the public health, safety, and the general welfare of the people of the City. These general objectives include, among others, the following: 1. to protect the character and stability of [residential areas] all buildinas and property within the City; 2. to- correct and prevent [housing] 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 [dwellings] buildinas 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 standards per occupant for each dwelling unit. 6. to provide minimum standards for the maintenance of existing [residential] buildings, and to thus prevent slums and blight; ORDINANCE NO. 91 -17 7. to preserve the value of land and buildings throughout the City. With respect to rental disputes, and except as otherwise specifically provided by the terms of this ordinance, it is not the intention of the city council to intrude upon the fair and accepted contractual relationship between tenant and landlord. The city council does not intend to intervene 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 with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are 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 and its premises used in whole or in part as a home or residence, or as an accessory structure thereof, for a single family or person, and every building used in whole or in part as a home or residence of two or more persons or families living in separate units shall conform to the requirements of this ordinance, irrespective of when such building may have been constructed, altered, or repaired. This ordinance establishes minimum standards for erected dwelling units, accessory structures, and related premises.] Every buildina. as well as its premises. and all occupied premises within Brooklyn Center shall conform to the reauirements of this ordinance. irrespective of when such buildina may have been constructed. altered. or repaired. Section 12 -201. DEFINITIONS. The following definitions shall apply in the interpretation and enforcement of this ordinance: 1. ADDroved acceptable to the jurisdiction havina authority. and meetina all aDDlicable codes. [1]2. Accessory structure a structure subordinate to the main or principal buildinq [dwelling or dwellings and] 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. [2]3. Buildinq any structure [erected for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind] used or intended for suDuortina or shelterina anv use or occuDancv. [3]4. Compliance Official the city manager and his designated agents authorized to administer and enforce this ordinance. ORDINANCE No. 91 -17 [4]5. Dwellina a building, or portion thereof, designed or used predominantly for residential occupancy of a continued nature, including 1- family dwellings, 2- family dwellings, and multiple family dwellings; but not including hotels and motels. [5]6. Dwellina 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. [6]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; -Group or foster care of not more than six (6) wards or clients by an authorized person or persons, 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. [7]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. [8]9. Garbaae putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. [9]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. [10]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 below ground level or in attics. ORDINAMCE N0. 91 -17 [11]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. 12 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. [13]14. Multible family dwellina a dwelling or portion thereof containing three or more dwelling units. 15. Non residential building all other buildings or structures other than dwellinas or dwelling units. [14]16. Occupant any person (including owner or operator) occunvina anv structure. buildina or loart thereof, dwelling. dwellina unit. roomina unit or premise [living, sleeping, cooking and eating in a dwelling unit or living and sleeping in a rooming unit]. [15]17. Operator the owner or agent who has charge, care, control, or management of a building, or part thereof[, in which dwelling units or rooming units are let]. [16]18. Owner [any person, firm or corporation who, alone, jointly, or severally with others, shall be in actual possession of, or have charge, care or control of, dwelling, dwelling unit, or rooming unit within the City as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder. Any such person representing the actual owner shall be }pound to comply with the provisions of this ordinance to the same extent as the owner] a Berson. agent. firm, or corporation having a legal or eauitable interest in the property. [17]19. Permissible [occupancy] occupant load the maximum number of persons permitted to [reside in a dwelling unit or rooming unit] occuov a buildina or space within a building. [18]20. Person an individual, firm, partnership, association, corporation or joint venture or organization of any kind. [19]21. Plumbina all of the following supplied facilities and equipment in a [dwelling] 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. [20]22. Premises a platted lot or part thereof or unplatted parcel of land, either unoccupied or [un]occupied by any [dwelling ORDINANCE NO 91 -17 or nondwelling] structure[, including such building, accessory structure or other structure] thereon. [21]23. Public Corridor a hall, corridor or passageway for providing egress from [a dwelling] an occupied [unit] area to a public way and not within the exclusive control of one [family] occupant. [22]24. Refuse all putrescible and nonputrescible waste solids including garbage and rubbish. [23]25. Rental dwellina or dwellina unit a dwelling or dwelling unit let for rent or lease. [24]26. Repair to restore to a sound and acceptable state of operation, serviceability or appearance. [25]27. Rodent harborage any place where rodents can live, nest, or seek shelter. [26]28. Roomina 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. [27]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 similar materials. [28]30. Safety 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 buildina of anv kind. or anv piece of work artificially built up or composed of parts Joined together in some definite manner. [29]32. Substandard dwelling any dwelling which does not conform to the minimum standards established by City Ordinances. [30]33. Supplied paid for, furnished by, provided by or under the control of the owner, operator, or agent of a [dwelling] building. [31]34. Meanina of certain words whenever the words "dwelling "dwelling unit "premises buildina". 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 -301. RESPONSIBILITIES OF OWNERS AND OCCUPANTS. No owner or other person shall occupy or let [to] another person occupy any buildinq, [dwelling, dwelling unit or rooming unit] unless ORDINANCE NO. 91 -17 it and the remises are clean sanitary, p i ary, .fit for human occupancy, and comply with all 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 [dwelling] buildinq [containing two or more [dwelling units] shall maintain in a clean [and] sanitary and safe condition, the shared or public areas of the [dwelling] buildina and premises thereof. Section 12 -303. MAINTENANCE OF OCCUPIED AREAS. [Every] All occupants of a building, [dwelling, dwelling unit or rooming unit] shall maintain in a clean [and] sanitary and safe condition that part or those parts of the buildinq,� [dwelling, dwelling unit] and premises thereof that s1he occupies and controls. Section 12 -304. STORAGE AND DISPOSAL OF RUBBISH. [Every] All occupants of a buildinq, [dwelling, dwelling unit or rooming unit] shall store and dispose of all [his] 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. [Every] All occupants of a building., [dwelling, dwelling unit or rooming unit] shall store and dispose of all [his] their garbage and any other organic waste which might provide food for insects and /or 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 AND RUBBISH. Every owner of a multiple family dwelling or non residential buildina shall supply facilities for the sanitary and safe storage and[ /or] 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. Section 12 -307. RESPONSIBILITY FOR STORM AND SCREEN DOORS AND WINDOWS. The 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 non residential buildina containina a sinale unit shall be responsible for the extermination of vermin infestations 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 non residential buildina containina more than one unit shall be responsible for such extermination whenever [his] their [dwelling] unit is the only one infested. Notwithstanding, however, whenever infestation is caused by the failure of the owner to maintain a ORDINANCE N0. 91 -17 [dwelling] building in a reasonable rodent -proof or reasonable vermin -proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the [dwelling] units in any [dwelling containing two or more dwelling units] building, extermination thereof shall be the responsibility of the owner. Whenever extermination is the responsibility of the owner. the extermination must be performed by a licensed pest control contractor. Section 12 -309. RODENT HARBORAGES PROHIBITED IN OCCUPIED AREAS. No occupant of a [dwelling or dwelling unit] 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 or) dwelling unit or building. Stored materials shall be stacked neatly [in piles].. Section 12 -310. RODENT HARBORAGES PROHIBITED IN PUBLIC AREAS. No owner of a [dwelling containing two or more dwelling units] buildina 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 g P areas of a [dwelling] buildinq or its premises. Materials stored by the owner or permitted to be stored by the owner shall be stacked neatly [in piles]. Section 12 -311. PREVENTION OF FOOD FOR RODENTS. No owner or occupant of a [dwelling or dwelling unit] buildina 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 FACILITIES. Every occupant of a [dwelling unit] buildina 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 all habitable rooms, bathrooms, and water closet compartments from September through May. Non residential buildings shall meet State of Minnesota reaulations and statute reauirements. 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 (dwellings) a non residential 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 ORDINANCE NO. 91 -17 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. MINIMUM EXTERIOR LIGHTING. The owner of a [multiple family dwelling or dwellings] building shall be responsible for providing and maintaining effective illumination in all exterior parking lots and walkways. Section 12 -316. MAINTENANCE OF DRIVING AND PARKING AREAS. The owner of a [multiple family dwelling or dwellings] buildina 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. Section 12 -317. MAINTENANCE OF YARDS. The owner of a [multiple family dwelling or dwellings] buildina shall be responsible for providing and maintaining premises' yards consistent with Section 12 -711. 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 unit, 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 shall 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 abbroved 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 shall be adequate for the permissible occupancy of the dwelling unit and shall be of sound construction furnished with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food. 3. A stove or similar device for cooking food, and a refrigerator or similar device for the safe storage of food at or below 40 dearees Fahrenheit, which are properly installed with all necessary connections for safe, sanitary and efficient operation. Provided that ORDINANCE NO. 91 -17 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 all times an adequate amount of heated and unheated running water under pressure, and shall be connected to an approved sewer system. Section 12 -405. BATHTUB OR SHOWER. Within every dwelling unit there shall be a nonhabitable room which is equipped with a 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, shall be kept in safe condition and sound repair. [Every flight of stairs and every porch and balcony floor shall be free of deterioration. Every stairwell and every flight of stairs which is more than four risers high shall have handrails approximately 30 inches high, measured vertically from the nose of the stair tread to the top of the handrail. Every porch which is more than four risers high and every balcony shall have handrails approximately 30 inches above the floor of the porch or balcony.] Stairs and handrails shall conform to the Uniform Building Code standards. Every deck. Aorch and balconv which is 30 inches or more above grade shall have a auardrail that conforms to the Uniform Building Code standards. Every handrail and [balustrade] auardrail shall be firmly fastened and maintained in g ood condition. No flight of stairs shall have settled out of its intended position or have pulled away from the ORDINANCE NO. 91 -17 supporting or adjacent structures enough to cause a hazard. No flight of stairs shall have rotting, loose, or deteriorating supports. Excepting spiral and winding stairways, the treads and risers of every flight of stairs shall be uniform in width and height. Stairways shall be capable of supporting a live load of 100 pounds per square foot of horizontal projection. Section 12 -407. ACCESS TO DWELLING UNIT. Access to or egress from each dwelling unit shall be provided without passing through any other dwelling unit. Section 12 -408. DOOR LOCKS. No owner shall occupy nor let to another for occupancy any dwelling or dwelling unit unless all exterior doors of the dwelling or dwelling unit are equipped with safe, functioning locking devices. Multiple family dwellings shall be furnished with door locks as follows: 1. For the purpose of providing a reasonable amount of safety and general welfare for persons occupying multiple family dwellings constructed after May 5, 1969, an approved security system shall be maintained for each multiple family building to control access. The security system shall consist of locked building entrance or foyer doors, and locked doors leading from hallways into individual dwelling units. Dead -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 shall 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. Section 12 -501. MINIMUM 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 official, every habitable room shall 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 [4%] 10% of the floor area of the room or [four] ten square feet. One half of the required ORDINANCE NO. 91 -17 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 shall 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 FIXTURES. 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 ood and safe working conditions, g g ions, and shall 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 State 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 shall have at least the equivalent of 60- ampere, three -wire electric service per dwelling unit [as a condition of sale]; 2. Dwelling units shall 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 compartment, 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; 5. Every public [hall] 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 [hall] 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 ORDINANCE NO. 91 -17 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 [dwelling or dwelling unit for the purpose of living therein] buildina 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 therein to a temperature of at least 68 degrees Fahrenheit. or such lesser temperature reauired by aovernment authority. at a distance of three feet above floor level and three feet from exterior walls [at an outside temperature of -25 degrees Fahrenheit]. Gas or electric appliances designed primarily 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 shall install, operate or use a space heater employing a flame that is not vented outside the structure in an approved manner. Section 12 -701. GENERAL REQUIREMENTS. No person shall occupy as owner, occupant or let to another for occupancy any [dwelling or dwelling unit, for the purpose of living therein,] buildina 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 shall be kept in sound condition and repair. The foundation element shall adequately support the building at all points. Every exterior wall 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 [dwelling] buildina. 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 [25% or more of] the exterior surface is unpainted or determined by the compliance official to be paint blistered, the surface shall be painted. If [25% or more of] 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 [hatchway] other exterior openinas 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 ORDINANCE N0. 91 -17 from entering the building. Every openable window [or other device required by Section 12 -502] shall be supplied with 16 -mesh screens during the insect season. and shall be eauibbed with an approved lock if located less than 6 feet above adjacent arade. Section 12 -704. FLOORS, INTERIOR WALLS AND CEILINGS. Every floor, interior wall, and ceiling shall 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 shall be free of holes and large cracks and loose plaster and shall be maintained in a tight, weatherproof condition. Toxic paint and materials with a lasting toxic effect shall not be used. The floor of every toilet room [and) bathroom [floor surface] and kitchen shall have a smooth. hard. non absorbent surface and shall be capable of being easily maintained in a clean and sanitary condition. Section 12 -705. RODENT PROOF. Every [dwelling] structure [and accessory 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 walls, 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 [supplied by the owner or agent on the premises and all fences erected or caused to be erected by an occupant on the premises] shall consist of metal, 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- 12 -702. Section 12 -707. ACCESSORY STRUCTURE MAINTENANCE. Accessory structures or buildinas [supplied by the owner, agent or tenant occupant on the premises of a dwelling] shall be structurally sound, and be maintained in good repair and appearance. The exterior of such structures shall 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 [that normal use may cause to be laced there r on eauired by t P he occubancv. Section 12 -709. FACILITIES TO FUNCTION. Every supplied facility, piece of equipment or utility required under City Ordinances and every chimney and flue shall be installed and i ORDINANCE NO. 91 -17 maintained and shall function effectively in a safe, sound, and working condition. Section 12 -710. GRADING AND DRAINAGE. During the period May through October every yard, court, passageway, and other portions [in] of the premises on which a [dwelling] buildina stands shall 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 [dwelling] buildinq 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. Non residential sites shall be maintained in accordance with an approved Citv landscape plan and shall be supplied with an irrigation system. Section 12 -712. DISCONTINUANCE 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 [dwelling or dwelling unit let or occupied by him] buildina or portion thereof, except for such temporary interruptions as may be necessary while actual repairs or alter[n]ations are in process, or during temporary emergencies. Section 12 -713. SCREENING. All outside trash disposal facilities. recvclina containers, and outside or rooftop mechanical equipment shall be screened from view by an opaaue fence or wall high enough to completely screen the eauipment. Section 12 -801. MAXIMUM DENSITY, MINIMUM SPACE, USE AND LOCATION REQUIREMENTS. No person shall occupy nor permit or let to be occupied any dwelling or dwelling unit for the purpose of living therein, which does not comply with the following requirements: Section 12 -802. PERMISSIBLE OCCUPANCY OF DWELLING UNIT. 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 square feet of habitable room floor space and for every additional occupant thereof, at least 100 square feet of habitable 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 UNIT. Not more than one family, except for temporary guests, shall occupy a dwelling ORDINANCE NO. 91 -17 unit. Section 12 -804. MINIMUM CEILING HEIGHT. In order to qualify as habitable, rooms shall have a clear ceiling height of not less than [six] 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 [six] 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. Section 12 -805. ACCESS THROUGH SLEEPING ROOMS AND BATHROOMS. No dwelling unit built after 1940 and containing 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. Section 12 -901. LICENSING OF RENTAL UNITS. From and after June 1, 1975, 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. After expiration of an initial licensing period of less than two years as determined by the compliance official, each such operating license shall be issued biennially and shall expire on the anniversary date of issuance. License renewals shall be filed at least 60 days prior to license expiration date. Section 12 -902. LICENSE FEES. License fees, as set forth by city council resolution, shall be due 60 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; in the cases of licensing periods of less than two years, license fees shall be prorated monthly: 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 entitled to a license fee refund, prorated monthly, upon proof of transfer of legal control or ownership. A fee, as set by City Council resolution. shall be charged for all re- inspections necessary after the first re- inspection. The re- inspection fee(s) will be pavable at the time of license renewal for the property, in the case of rental housing and at the time of recertification of occupancy for non residential nronerties., ORDINANCE NO_ 91 -17 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. Name, address, 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 are to be processed. 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. Section 12 -904. RESIDENT AGENT REQUIRED. No operating license shall be issued or 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 shall 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 12 -907. POSTING OF LICENSE. Every licensee of a multiple dwelling shall cause to be conspicuously posted in the main ORDINANCE NO. 91 -17 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 are related to the provisions of this ordinance; and 6. A similar chronological list 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 all reasonable times. All non residential properties shall keep, or cause to be kept. a current register of occupancy for each building which provides the following: 1. Building address: 2. List of all tenants occupvina building: 3. Nature of business conducted by each tenant in building: 4. Contact person for each tenant; 5. Gross floor area leased.bv each tenant; Section 12 -910. LICENSE SUSPENSION OR REVOCATION. Every operating license issued under the provisions of this ordinance is ORDINANCE NO. 91 -17 subject to suspension or revocation by the city council should the licensed owner or his duly authorized resident agent fail to operate or maintain licensed rental dwellings and units therein consistent with the provisions of the ordinance of the City of Brooklyn Center and the laws of the State of Minnesota. In the event that an operating license is suspended or revoked by the city council for just cause, it shall be unlawful for the owner or his duly authorized agent to thereafter permit any new occupancies of vacant or thereafter vacated rental units until such time as a valid operating license may be restored by the city council. Any person violating this provision shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than seven hundred dollars ($700) 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. Section 12 -911. CONDUCT ON LICENSED PREMISES. 1. It shall be the responsibility of the licensee to see that persons occupvina the licensed premises conduct themselves in such a manner as not to cause the premises to be disorderlv. For purposes of this Section. a premises is disorderlv at which anv of the followina 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. C. Violation of Section 19 -202 (Disturbing the Peace). d. The unlawful sale of intoxicating liauor or nonintoxicating malt liauor. e. Violation of laws relating to aamblina. f. Violation of laws relating to prostitution as defined in Minnesota Statutes. Section 609.321, Subdivision 9, or acts relatina to prostitution. g_ Unlawful use or possession of a firearm in violation of Minnesota Statutes, Section 609.66, Subdivision la. 609.67. or 624.713. 2. The Citv Manaaer shall be responsible for enforcement and administration of this ordinance. Authoritv to take anv action authorized under this section may be deleaated to the Citv Manager's authorized designee. 3. Upon determination by the Citv Manaaer that a licensed ORDINANCE NO. 91 -17 premises was used in a disorderly manner. as described in Daraaraph 1. the Citv Manaaer shall aive 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 Dremises occurs within three (3) months of an incident for which a notice in Daraaraph 3 was given. the City Manager shall notifv the licensee of the violation and shall also reauire 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 Dremises. This written report shall be submitted to the City Manaaer 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 response to all notices of disorderlv use of the premises within the Drecedina three (3) months. 5. If another instance of disorderly use of the licensed Dremises occurs within three (3) months after anv two Drevious instances of disorderly use for which notices were aiven 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 denv. 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 non renewal. Such written notice shall specify all violations of this section, and shall state the date. time. place and purpose of the hearing. The hearina shall be held no less than ten (10) days and no more than thirty (30) days after giving such notice. Followina the hearina. the Council may denv. revoke. suspend or decline to renew the license for all or anv Dart 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 Droceedinas (unlawful detainer) or within thirty (30) days of notice given by the licensee to a tenant to vacate the Dremises -where the disorderly use was related to conduct by that tenant or by other occupants or auests of the tenant's unit. Eviction Droceedinas shall not be a bar to adverse license action. however. unless thev are diligently pursued by the licensee. Further. an action to deny. revoke. suspend. or not renew a license based upon violations of this section may be DostDoned or ORDINANCE NO. 91 -17 discontinued at anv 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 uremises have been used in a disorderlv manner as described in paraaraph 1 shall be made upon substantial evidence to support such a determination. It shall not be necessary that criminal charaes be brouaht in order to support a determination of disorderly use, nor shall the fact o f dismissal or acquittal of such a criminal charae operate as a bar to adverse license action under this section. 8. All notices aiven by the Citv under this section shall be personally served on the licensee. sent by registered mail to the licensee's last known address or. if neither method of service effects notice. by postina on a conspicuous place on the licensed premises. 9. Enforcement actions provided in this section shall not be exclusive. and the Citv Council may take anv action with respect to a licensee. a tenant. or the licensed premises as is authorized by this Code or state law. Section 12 -1001. ENFORCEMENT AND INSPECTION AUTHORITY. The city manager and his designated agents shall be the compliance official who shall administer and enforce the provisions of this ordinance and who is hereby authorized to cause inspections on a scheduled basis for rental dwellina units, and other buildinas [or otherwise] 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 [dwelling or dwelling unit] 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. UNFIT FOR HUMAN HABITATION. 1. Any [dwelling, dwelling unit, or rooming unit] 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 [dwelling, dwelling unit, or rooming unit] buildina or ORDINANCE N0. 91 -17 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 [dwelling, dwelling unit, or rooming unit] buildina 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 shall be unlawful for any person to deface or remove the declaration placard from any such [dwelling, dwelling unit or rooming unit] building. Section 12 -1102. SECURE UNFIT AND VACATED [DWELLINGS] BUILDINGS. The owner of any [dwelling, dwelling unit, or rooming unit] 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 [dwelling] buildina 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 [dwelling] buildinq has been declared unfit for human habitation and the owner has not remedied the defects within a prescribed reasonable time, the [dwelling] buildina may be declared a hazardous building and treated consistent with the provisions of Minnesota Statutes. Section 12 -1201. COMPLIANCE ORDER. Whenever the compliance official determines that any buildina or portion thereof. [dwelling, dwelling unit, or rooming unit,] or the premises surrounding any of these, fails to meet the provisions of this ordinance, [he may issue] 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 [his] agent or [the] occupant, as the case may require. Such notice shall be ORDINANCE NO. 91 -17 deemed to be properly served upon such owner or agent, or upon any such occupant, if a copy thereof is a. Served upon [him] owner. aaent or occupant personally, or b. Sent by registered mail to his 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 [dwelling] buildina. or Dortion thereof, which is affected by the notice. Section 12 -1202. RIGHT OF APPEAL. When it is alleged by any person to whom a compliance order is directed that such compliance order is based upon erroneous interpretation of this 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 [of $15] as set forth Der 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 shall stay all 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 five business days notice to the appellant of the time and place for hearing the appeal, and within 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 all or part of the filing fee if the appeal is upheld. Section 12 -1204. RESTRICTIONS ON TRANSFER OF OWNERSHIP. It shall be unlawful for the owner of any buildinq, or Dortion thereof. [dwelling, dwelling unit, or rooming unit] 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 tag 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 Dortion thereof. [dwelling, dwelling unit, or rooming unit] who has received notice of the existence of a violation tag or compliance order shall be bound by same without further service of notice [upon him] and shall be liable to all penalties and procedures provided by this ordinance. Section 12- 1205. PENALTIES. An person who fails to comply Y P P Y ORDINANCE NO. 91 -17 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 $700 or by imprisonment not to exceed 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 pp al haven been taken or upon failure to g P comply with a modified compliance order within the time set therein, the criminal penalty established hereunder notwithstanding, the city council may, by resolution, cause the cited deficiency to be remedied as set forth in the compliance order. The cost of such remedy shall be a lien against the subject real estate and may be levied and collected as a special assessment in the manner provided by Minnesota Statutes, Chapter 429, but the assessment shall be payable in a single installment. Section 12- 1301. ALTERNATIVE SANCTIONS. Notwithstanding the availability f the foregoing compliance procedures and the y liance g g P P penalties, whenever the compliance official determines that any building or bortion thereof. (dwelling, dwelling unit, or rooming unit] 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 her of b lawful authority, be punished P nished b Y Y. P Y a fine not to exceed seven hundred dollars 700 or imprisonment dollars $700) Y P not to exceed ninety (90) days or both, together with the costs of prosection. Each day that a violation continues shall 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. i 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 shall not invalidate any other section, provision or part thereof. ORDINANCE NO. 91 -17 Section 2. This ordinance shall become effective after adoption and upon thirty 0 days following its legal Y( Y g publication. 5 P Adopted this 23rd day of September 1991. Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication August 21, 1991 Effective Date September 23, 1991 (Brackets indicate matter to be deleted, underline indicates new matter.)