HomeMy WebLinkAbout1975-07 03-24 CCO I
CITY OF BROOKLYN CENTER
ORDINANCE N 7 -
O. 5 7
HOUSING MAINTENANCE AND OCCUPANCY ORDINANCE,
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1: Chapter 12 of the City Ordinances is hereby amended by the
addition of the following:
Section 12 -101. PURPOSE.
The purpose of this ordinance is to protect the public health, safety, and the
general welfare of the p eople �f t_hP_ Ci These g e n.Pral objectives include. among_
others, the following:
(1) to protect the character and stability residential areas within the
CSI
(2) to correct and prevent housing 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 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;
(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 ibe 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 wi h regard to rental disputes. it is intended that the contracting
Parties exercise such leg_ al sanctions as are available to them without the intervention
of City government.
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 sinale family or person, and every building
used in whole or in part as a home or residenr,P of two or more persons or families
living in separate un is shall conform to the reauirements of this ordinance, irrespective
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ORDINANCE NO. 75 �7
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.
Section 12 -201. DEFINITIONS.
The following definitions shall apply in the interpretation and enforcement of
this ordinance:
(1) Accessory structure - a structure subordinate to the main or principal
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) Building - anv structure erected for the support, shelter, or enclosure
of persons , animals. chattels. or movable property of any kind.
(3) Compliance Official - the Citv Manager and his designated agents
authorized to administer and enforce this ordinance.
(4) Dwelling - a buildina. or portion thereof, designed or used predomi-
nantly for residential occupancv of a continued nature, including
1- family dwellinas , 2- familv dwellinas , and multiple family dwellings;
but not including hotels or motels.
• (5) 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
dwelliina unit is located.
(6) Family - any of the following definitions shall apply:
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-A person or persons related by blood, marriage or adoption, together
with his or their domestic servants or gratuitous quests, maintaining
a common household in a dwelling unit;
-Group or foster care of not more than five (5) wards or clients by an
authorized person or persons, related by blood, marriaae, or adoption,
together with his or their domestic servants or Gratuitous guests, all
maintaininq 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.
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ORDINANCE NO. 75 -7
Section 12 -201 (c ntinued)
• (7) Flush water closet - a toilet bowl flushed with water under pressure
with a water sealed trap above the floor level.
(8) Garbaae - putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
(9) Habitable building_ - any buildina or part thereof that meets minimum
standards for use as a home or place of abode by one or more persons.
(10) Habitable room - a room or enclosed floor space used or intended to be
used for living, sleepina, cooking, or eatina purposes, excludina
bathrooms, water closet compartments, laundries, furnace rooms,
unfinished basements, (those without floor coverina, ceiling covering,
wall finish, required ventilation, required electric outlets and required
exit facilities) , pantries, utility rooms of less than 50 square feet
of floor space, fovers, communicatina corridors, stairways, closets,
storage spaces. and workshops. hobby and recreation areas in parts of
the structure below around level or in attics.
(11) Heated water - water heated to a temperature of not less than 120
Fahrenheit measured at faucet outlet.
• (12) Kitchen - a space which contains a sink with counter working space,
adequate space for installina cooking and refrigeration equipment, and
adequate space for the storage of cooking utensils.
(13) Multiple family dwelling_ - a dwelling or portion thereof containing three
or more dwelling units.
(14) Occupant - any person (including owner or operator) living, sleeping,
cooking and eating in a dwelling unit.
(15) Operator - the owner or his aaent who has charge, care, control, or
management of a building, or part thereof, in which dwelling units or
rooming units are let.
(16) 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, any dwelling, dwelling unit, or rooming unit within the City
as owner, employee or anent of the owner, or as trustees or guardian of
the estate or person of the title holder. Any such person representing the
actual owner shall be bound to comply with the provisions of this ordinance
to the same extent as the owner.
• (17) Permissible occupancy - the maximum number of persons permitted to
reside in a dwelling unit or roomina unit.
(18) Person - an individual, firm, partnership, association, corporation or
joint venture or organization of any kind.
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ORDINANCE NO. 7517
Section 12 -201 (continued)
. (19) Plumbing - all of the followina supplied facilities and equipment in a
dwellipcf: gas pipes, aas burning equipment, water pipes, steam pipes„
garbage disposal units. waste pipes. water closets, sinks, installed
dishwashers, lavatories, bathtubs. shower baths, installed clothes
washina machines, catch basins. drains. vents. and any other similar
fixtures and the installation thereof. together with all connections to
water, sewer and qas lines._
(20) Premises - a platted lot or part thereof or unolatted parcel of land,
either occupied or unoccupied by any dwelling or nondwellinq structure,
including such building , accessory structure or other structure thereon.
(21) Public hall - a hall. corridor or passaaewav for providing egress from
a dwelling unit to a public way and not within the exclusive control of
one family.
(22) Refuse - all putrescib.le and noneutrescible waste solids including
garbage and rubbish.
(23) Rental dwelling_ or dwellina unit_ - a dwelling or dwelling unit let for
rent or; lease.
• (24) Repair - to restore to a sound and acceptable state of operation,
serviceability or appearance.
(25) Rodent) harborage - any place where rodents can live, nest, or seek
shelter.
(26) Rooming unit - any room or aroup of rooms forming a single habitable
unit used or intended to be used for living and sleeping, but not for
cookinq and eating purposes.
(27) Rubbish - nonputrescible solid wastes consisting of both combustible
and noncombustible wastes. such as paper, cardboard, tin cans, Grass
and shrubbery clippings, wood, class, brick, plaster, bedding, crockery
and similar materials.
(28) Safety - the condition of beina reasonably free from danger and hazards
which may cause accidents or disease.
(29) Substandard dwelling - anv dwelling which does not conform to the
minimum standards established by City Ordinances.
(30) Supplied - paid for, furnished by, provided by or under the control of
• the owner, operator, or agent of a dwelling.
(31) Meaninq of certain words - whenever the words "dwelling", "dwellinq
unit" , "premises" , or "structure" are used in this ordinance, they shall
be construed as though they were followed by the words "or any part thereof".
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ORDINANCE NO. 75 -7
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• Section 12 -301. RESPONSIBILITIES OF OWNERS AND OCCUPANTS.
No owner or other person shall occupy or let to another person any dwelling,
dwelling unit or rooming unit unless it and the premises are clean, sanitary, 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 containing two or more dwelling units shall maintain
in a clean and sanitary condition the shared or public areas of the dwelling and premises
thereof.
Section 12 -303. MAINTENANCE OF OCCUPIED AREAS.
Every occupant of a dwelling, dwelling unit or rooming unit shall maintain in a
clean and sanitary condition that part or those parts of the dwelling, dwelling unit and
premises thereof that he occupies and controls.
Section 12 -304. STORAGE AND DISPOSAL OF RUBBISH.
Every occupant of a dwelling, dwellina unit or roominq unit shall store and
dispose of all his 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 occupant of a dwelling, dwellina unit or rooming unit shall store and dis-
pose of all his garbag and any other organic waste which miaht 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 dwellina shall sun_ plv facilities for the sanitary
and safe storaae and /or disposal of rubbish and aa_ rbaae. In the case of sinale or two -
family dwellinas, 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 ai rental dwellina unit shell he responsible for providing and hanaina
all screens and storm doors and storm wi ndows when ever the same are required under the
provisions of this ordinance. except whe_ rP_ there_ is written n aareement otherwise between
the owner and occupant.
Section 12 -308. RESPONSIBILITY FOR PEST EXTERMINATION.
Every occupant of a dwelling containing a sinale dwellina unit shall be responsible
for the extermination of vermin infestations and /or rodents on the premises. Every occu-
pant of a dwellinq unit in a dwellina containina more than one dwellina unit shall be
responsible for such extermination whenever his dwellina unit is the only one infested.
Notwithstanding, however, whenever infestation is caused by the failure of the owner
to maintain a dwelling, in a reasonable rodent -proof or reasonable vermin -proof condi-
tion, extermination shall be the responsibility of the owner. Whenever infestation
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ORDINANCE NO. 75 -7
• Section 12 -308 (continued)
exists in two or more of the dwelling units in any dwelling, or in the shared or public
parts of any dwelling containing two or more dwelling units, extermination thereof
shall be the responsibility of the owner.
Section 12 -309. RODENT HARBORAGES PROHIBITED IN OCCUPIED AREAS.
No occupant of a dwelling or dwelling unit 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. 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 shall accumulate
or permit the accumulation of boxes, lumber, scrap metal, or any other similar materials
in such a manner that may provide a rodent harborage in or about shared or public areas
of a dwelling 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 shall store, place, or
allow to accumulate any materials that may serve as food for rodents in a site accessible
to rodents.
Section 12-31L. SANITARY MAINTENANCE OF FIXTURES AND FACILITIES.
Every occupant of a dwellina unit shall keep all supplied fixtures and facilities
therein in a clean andi 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"
Fahrenheit or such lesser temperature reauired by aovernment authority shall be maintained
at a distance of three feet above the floor in all habitable rooms, bathrooms, and water
�joset compartments from September throuah May.
Section 12 -314. REMOVAL OF SNOW AND ICE.
The owner of a multiple family dwelling or dwellings shall be responsible for
the removal of snow and ice from parking lots, driveways, steps and walkways on the
premises. Individual snowfalls of three inches or more, or successive snowfalls
accumulating to a depth of three inches, shall be removed from parking lots and drive-
ways within 24 hours after cessation of the snowfall. Individual snowfalls of one inch
or more, or successi e snowfalls accumulating to a depth of one inch, shall be removed
from steps and walkways within eight hours after cessation of the snowfall.
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ORDINANCE NO. 75x7
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Section 12 -315. MINIMUM EXTERIOR LIGHTING.
• The owner of a! multiple family or dwellinas shall be responsible for
providing and maintalinina effective illumination in all exterior parking lots and walkways.
Section 12 -31 MAINTENANCE OF DRIVING AND PARKING AREAS.
The owner of a multiple family dwellina or dwellinas 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 dwellina or dwellinas shall be responsible for
providing and maintalinina in reasonably a_o_ o_ d condition vards consistina of arass lawn,
trees and shrubs.
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 dwellina unit, for the purposes of livina, sleepina, 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 anV(?r coo and which shall have adeauate circulation area, and which
shall be equipped with the following:
• (1) A kitchen sink in aood workina 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 fbod 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 dwellina unit and shall be of sound con-
struction 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 cookina food, and a refrigerator or similar
device for the safe storage of food, which are properly installed with
all necessary connections for safe, sanitary and efficient operation.
Provided that such stove, refriaerator, or similar devices need not be
installed when a dwellina unit is not occupied and when the occupant is
expected to provide same on occupancy. in which case sufficient space
and a 4quate connections for the installation and operation of said stove,
refriq ator or similar device must be provided.
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ORDINANCE NO. I 75 -7
Section 12 -403. TOILET FACILITIES.
Within every dwelling unit there shall be a nonhabitable room with an entrance
door which affords privacv to a person within said room and which room is equipped
with a flush Ovate closet in aood workina condition. Said flush water closet shall be
equipped with easily cleanable surfaces. shall be connected to an approved water
system that at all times provides an adeauate amount of runninq 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 a lavatory sink. Said lavatory sink
may be in the same room as the flush water closet. or if located in another room, the
lavatory sink shall be located in close proximity to the door leading directly into the
room in which said water closet is located. The lavatory sink shall be in good working
condition and shall be properly connected to an approved water supply system and shall
Provide at all times an adeauate amount of heated and unheated runninq water under
Pressure. and shall be connected to an approved sewer system.
Section 12 -405. BATHTUB OR SHOWER.
Within every dwellinq unit there shall be a room which affords privacy to a
person within said room and which is eaui Aped with a bathtub or shower in good working,
condition. Said bathtub or shower may be in the same room as the flush water closet,
or in another roo and shall be properly connected to an approved water supply system
and shall provide at all times an adeauate amount of heated and unheated water under
• pressure, and shall be connected to an approved sewer system.
Section 1 -406. STAIRWAYS. PORCHES AND BALCONIES.
Every stai way, inside or outside of a dwellinq and every porch or balcony,
shall be kept in safe condition and sound repair. Every fliqht of stairs and every porch
and balconv floor shall be free of deterioration. Every stairwell and every fliqht of
stairs which is more than four risers high shall have handrails approximately 30 inches
hiqh, measured vertically from the nose of the stair tread to the top of the handrail.
Every porch which is more than four risers hiah and every balconv shall have handrails
approximately 30 inches above the floor of the porch or balconv. Every handrail and
balustrade shall be firmly fastened and maintained in good condition. No flight of
stairs shall have (settled out of its intended position or have pulled awav from the
supporting or adiacent structures enonah to cause a hazard. No fliaht of stairs shall
have rotting, loose, or deterio_ratina supports. Excepting spiral and windina stairways,
the treads and riders of every flight of stairs shall be uniform in width and heiqht.
Stairways shall be capable of SUDDortina a live load of 100 pounds per square foot of
horizontal proiection.
Section 12 -407. ACCESS TO DWELLING UNIT.
Access to or egress from each dwelling unit shall be provided without passinq
through any other dwellinq unit.
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ORDINANCE NO. 75 -7
Section 12 -408. DOOR LOCKS.
OC S.
• No owner (shall occupv nor let to another for occupancy any dwelling or
dwelling unit unl ss all exterior doors of the dwelling or dwelling unit are equipped
with safe, funct2nina locking devices. Multiple family dwellinas shall be furnished
with door locks a follows:
(1) For the purpose of providina a reasonable amount of safety and
aelneral welfare for persons occupvina 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 dwellina units. Dead -latch type door locks shall
be provided with lever knobs (or doorknobs) on the inside of
buildina entrance doors and with key cvlinders on the outside
of building entrance doors. Building entrance door latches
shall be of a type that are permanently locked from the out -
side and permanently unlocked from the inside.
(2) Every door that is desianed to provide inaress or eqress for a
dwelling unit within a multiple family building shall be equipped
with an approved lock that has a deadlocking bolt that cannot be
refracted by end pres sure , provided, however, that such door
shall be openable from the inside without the use of a key or any
• sp'ecial knowledge or effort.
Section 1 -501. MINIMUM STANDARDS FOR LIGHT AND VENTILATION.
No person) shall occupv as owner, occupant or let to another for occupancy
any dwelling or dwelling unit. for the purpose of livina therein, which does not comply
with the following requirements:
Section 122 -502. HABITABLE ROOM VENTILATION.
Except where there is supplied some other device affordinq 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% of the floor_
area of the room or four square feet.
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 good
and safe working conditions, and shall be connected to a source of electric power
in a manner prescribed by the ordinances, rules and regulations of the City of
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ORDINANCE NO. 75 -7
Section 12 -504 (continued)
• 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 follow, s:
(1) dwellings containina 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 and laundry
room shall contain at least one electric convenience outlet;
(5) every public hall and stairway in every multiple family dwelling
shall be adequately lighted by natural or electric light at all times,
so as to provide effective illumination in all parts thereof. Every
public hall and stairway in structures containing not more than two
dwelling units may be supplied with conveniently located light
svIitches controlling an adequate lighting system which may be
turned on when needed, instead of full -time liahtinai
(6) a i convenient switch or equivalent device for turning on a light in
each dwelling unit shall be located near the points 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 l.ivina therein, 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 safelv and adeauately heatina all habitable rooms,
bathrooms, and mater closet compartments in every dwelling unit located therein to a
temperature of at least 68 Fahrenheit at a distance of three feet above floor level and
three feet from exterior walls at an outside temperature of -25 Fahrenheit. Gas or
electric appliances designed primarily for cooking or water heating purposes shall not
be considered as heatina facilities within the meanina of this section. Portable heating
. equipment employing flame and the use of liquid fuel does not meet the requirements of
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ORDINANCE NO. 75 -7
Section 12 -601 (continued)
• this section and is pr No owner or occupant shall install, operate or use a
space heater emplovina 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 nit, for the purpose of living therein, which does not comply with
the following requireitents:
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 ex-
terior 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. 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 of such a wood
structure is unpainted or determined by the Compliance Official to be paint blistered,
. the surface shall be painted.
Section 12 -703. WINDOWS, DOORS AND SCREENS.
Every window' exterior door, and hatchway shall be substantially tight and shall
be kept in sound condition and repair. Every window, other than a fixed window or storm
window, shall be capable of being easily opened. Every window, door and frame shall be
constructed and maintained in such relation to the adjacent wall construction as to com-
pletely exclude rain, (wind, vermin and rodents from entering the building. Every window
or other device with openings to outdoor space which is used or intended to be used for
ventilation shall be supplied with 16 -mesh screens during the insect season.
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 shall not be used where readily accessible to children. Every toilet room
and bathroom floor surface shall be capable of being easily maintained in a clean and
sanitary condition.
ORDINANCE NO. 75 7
• Section 12 -70,5. RODENT PROOF.
Every dwellin j and accessory structure and the premises upon which located
shall be maintained i a rodent -free and rodent -proof condition. All openings in the
exterior walls, found 3tions, basements, ground or first floors, and roofs which have
a 1/2" diameter or la ger 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 con-
dition 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.
Section 12 -70'7. ACCESSORY STRUCTURE MAINTENANCE.
Accessory structures 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.
Section 12- 70 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 loads that normal use may cause to be placed thereon.
Section 12 -709. FACILITIES TO FUNCTION.
Every supplied facility . piece of equipment or utility, and every chimney and flue
shall be installed an shall be maintained and shall function effectively in a safe, sound
and working condition.
Section 12 -7110. GRADING AND DRAINAGE.
Every yard, court, passageway, and other portions of a premises on which a
dwelling stands shall be graded and drained so as to be free of standing water within 24
hours after termination of rainfall during the period May through October.
Section 12 -711. YARD COVER.
Every yard of a premises on which a dwelling stands shall be provided with lawn
or combined ground cover of veqetation, garden, hedges, and shrubbery and such yard
shall be maintained consistent with prevailing neighborhood standards.
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, except
• for such temporary interruption as may be necessary_ while actual repairs or alterations
are in process, or during temporary emergencies.
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ORDINANCE NO., 75 -7
Section 12 -801. MAXIMUM DENSITY, MINIMUM SPACE, USE AND
LOCATION REQUIREMENTS.
• No Person shall occupy nor permit or let to be occupied any dwellinq or
dwellinq unit for the purpose of living_ therein. which does not comply with the
following requirements:
Section 112 -802. PERMISSIBLE OCCUPANCY OF DWELLING UNIT.
The maximum permissible occupancy of any dwellinq unit shall be determined
as follows:
(1) For the first occupant, 150 square feet of habitable room floor space
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a d for every additional occupant thereof, at least 100 square feet of
h ;bitable room floor space;
(2) In no event shall the total number of occupants exceed 2 times the
number of habitable rooms, less kitchen, in the dwellinq unit.
Section 12 -803. ONE FAMILY PER DWELLING UNIT.
Not more (than one family, except for temporary quests, shall occupy a
dwellinq unit.
Section 1 804. MINIMUM CEILING HEIGHT.
In order to qualify as habitable, rooms shall have a clear ceilinq height of
not less than 6 feet, 6 inches. except that in attics or top- half - stories used for
sleeping, study, or similar activities. the ceiling heiaht shall be not less than
6 feet, 6 inches over at least 1/2 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 heiaht of 5 feet or more may be included.
Section 1 805. PERMISSIBLE OCCUPANCY OF SLEEPING ROOMS.
In every Lellina unit every room occupied for sleeping purposes shall have
a minimum floor 4rea of 70 square feet. Every room occupied for sleeping purposes
by more than two occupants shall contain at least 50 square feet of floor area for
each occupant thereof. The floor area of closets within sleepinq rooms may be
credited to minimum floor area requirements.
Section 12 -806. ACCESS THROUGH SLEEPING ROOMS AND BATHROOMS.
No dwelling unit built after 1940 and containina two or more sleeping rooms
shall have a room arranaement such that access to a bathroom or water closet
compartment intended for use by occupants of more than one sleepinq room can be
qained only by goina through another sleepina room, nor shall the room arrangement
be such that access to a sleepinq room can be qained only by goinq throuqh another
sleeping room. A bathroom or water closet compartment shall not be used as the
only Passagewav Ito any habitable room, hall, basement or cellar or to the exterior
of an dwellinq unit.
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ORDINANCE NO. 75 -7
Section 12 -901. LICENSING OF RENTAL UNITS.
From and after Tune 1, 1975 no person shall operate a rental dwelling without
first having obtained 3 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 leas 60 days prior to license expiration date.
Section 12 -902. LICENSE FEES.
The following ilicense fees 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 occupancv; in the cases of licensing_ periods of less than two years,
license fees shall be prorated monthly:
(1) For each single family dwelling_ rented, the biennial license fee shall
be $12.
(2) For the first unit rented within a two- family dwelling, the biennial
license fee shall be $12 , for the second unit $6.
(3) For each multiple family dwelling, the bienrial license fee shall
be $15 per building, plus $4 per dwelling unit.
S A delinauencv, 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 anv 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.
Section 12 -90 . OWNER OR AGENT TO APPLY.
License application or renewal shall be made by the owner of rental units or
his legally constituted aaent. 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 anvl
(3) Name, address, and telephone number of vendee, if the dwelling is
being sold through a contract for deed;
(4) Legal ddress of the dwelling;
(5) Number of dwelling units within the dwelling;
(6) Description of procedure throuah which tenant inquiries and complaints
are to be processed.
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ORDINANCE NO. 75 -�
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, !�amsey, Anoka, Carver, Dakota, Scott, or Washington) unless
such owner designate in writing to the Compliance Official the name of his resident
agent (one who does eside 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 o 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 applica l ion to permit inspections pursuant to Section 12 -1001.
Section 12 -90 POSTING OF LICENSE.
• Every licensed of a multiple dwellina shall cause to be conspicuously posted in
the main entry way on 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 pers an holding an operating license shall dive notice in writing to the
Compliance Official within 72 hours after having legally transferred or otherwise disposed
of the legal control o ' any licensed rental dwelling. Such notice shall include the name
and address of the pe son 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 fo lowing 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.
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ORDINANCE NO. 5 -7
Section 12 -909 (continued)
• (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
re, ated to the provisions of this ordinance; and
(6) A imilar chronological list of all corrections made in response to
such requests and complaints.
Such register shall be made avai l.a_b_ 1 P for viewina or copvina by the Compliance Official
at all reasonable times.
Section 12 -910. LICENSE SUSPENSION OR REVOCATION.
Every operating license issued under the provisions of this ordinance is
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 Citv Council for iust cause, it shall
be unlawful for the owner or his dulv authorized agent to thereafter permit any new
occupancies of vacant or thereafter vacated rental units until such time as a valid
operating license'lmav 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 three hundred (5300) dollars and by imprisonment
not to exceed ninety (90) days. Each day of each vio lation shall constitute a separate
Punishable offense.
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 and /or when reason exists to
believe that a vio�lation of this ordinance has been or is being committed.
Section 12 -1002. INSPECTION ACCESS.
If any owner, occupant or other person in charae of a dwelling or dwelling unit
fails or refuses to permit free access and entry to the structure or premises under his
control for an inspection pursuant to this ordinance, 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 which is damaged, decayed
dilapidated, insanitary, unsafe, vermin or rodent infested, or which
lacks provision for basic illumination, ventilation or sanitary facilities
• to ithe 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
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ORDINANCE NO. 75 -7
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. Section 12 -1101 (continued)
human habitation. Whenever anv dwellinq, dwelling unit, or rooming
unit 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 indicatinq 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
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. I
Section 12 -1102. SECURE UNFIT AND VACATED DWELLINGS.
The owner of any dwelling, dwelling unit, or rooming unit which has been declared
unfit for human habitation, or which is otherwise vacant for a period of 60 days or more,
shall make same safe and secure so that it is not hazardous to the health, safety and
welfare of the public and does not constitute a public nuisance. Any vacant dwelling
open at doors or windows, if unguarded, shall be deemed to be a hazard to the health,
safety and welfare of the public and a public nuisance within the meaning of this
• ordinance.
Section 12 -1103. HAZARDOUS BUILDING DECLARATION.
In the event that a dwelling has been declared unfit for human habitation and the
owner has not remedied the defects within a prescribed reasonable time, the dwelling
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 dwelling, dwelling unit,
or rooming unit, or the premises surrounding any of these, fails to meet the provisions
of this ordinance, he issue a Compliance Order setting forth the violations of the
ordinance and orderin( T ay
the owner, occupant, operator, or agent to correct such violations.
This Compliance Order shall:
(1) Be in whiting.
(2) Describe the location and nature of the violations of this ordinance.
(3) Establish a reasonable time for the correction of such violations.
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ORDINANCE NO. i 75 -7
Section 12 -1201 ( (continued)
• (4) Be served upon the owner or his aaent or the occupant, as
the case may require. Such notice shall be deemed to be
pr'perly served upon such owner or agent , or upon any such
occupant, if a copy thereof is
a. Served upon him 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 which is affected by the notice.
Section 12 -1202. RIGHT OF APPEAL.
When it ip alleaed 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 filina fee of $15 in cash or cashier's check, and must be
filed with the Department of Plannina 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 -he action appealed from._ unless such a stay cause imminent
peril to life, health, or Property.
Section 12 -1203. BOARD OF APPEALS DECISION.
Upon at least 5 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 Housina Commission. The Board of Appeals may reverse, modify,
or affirm, in whole or in part, the compliance order and may return of all or part
of the filing fee i the appeal is upheld.
Section 1�'-1204. RESTRICTIONS ON TRANSFER OF OWNERSHIP.,
It shall be unlawful for the owner of any 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 mortaaaee 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 dwellina , 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 crdinance.
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ORDINANCE NO. 7� -7
Section 12 -1295. PENALTIES.
Any person who fails to comply with a compliance order after right of ap peal
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 $300 or by imprisonment not to exceed 90 days or both. Each day of such
failure to comply sh 11 constitute a separate punishable offense.
Section 12 -1296. EXECUTION OF COMPLIANCE ORDERS BY PUBLIC AUTHORITY.
Upon failure to comply with a compliance order within the time set therein and
no appeal having been taken, or upon failure to comply with a modified compliance
order within the time set therein, the criminal penalty established hereunder notwith-
standing, 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. Chap_ ter 429. but the assessment shall be
payable in a single installment.
Section 12 -1301. ALTERNATIVE SANCTIONS.
Notwithstandina the availabilitv of the foreaoina compliance procedures and
the penalties, whenever the Com_oliance Official determines that any dwelling, dwelling
unit, or rooming or the premises surro undina any of these fails to meet the require-
ments set forth in th:Ls ordinance, the C_ ompliance 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 violatina any of the provisions of this ordinance by doing any act
or omitting to do anv� act which constitutes a breach of any section of this ordinance„
shall, upon convicti n thereof by lawful authoritv. , be punished by a fine not to exceed
three hundred ($300) dollars or by imprisonment not to exceed ninety (90) days or both.
Each day that a violation continues shall be deemed a separate punishable offense.
No provision of this ordinance desianatina the duties of any official or emplovee of the
City shall be so construed as to make such official or employee liable for the penalty
provided in this section because of failure to perform such duty, unless the intention
of the City Council to impose such penalty on such official or employee is specifically
and clearly expressed in the section creating the duty.
Section 12 -1491. 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.
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ORDINANCE NO. 75 -7
Section 2: This ordinance shall become effective June 1, 1975.
• Adopted this ?4th day of March 19 75
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Mayor
ATTEST:
Clerk
Published in the Official Newspaper March 6, 1975
Effective Date June 1, 1975
(Underline indicates new matter.)
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