Loading...
HomeMy WebLinkAbout1975-07 03-06 AP BROOKLYN CENTER POST • (A continuation of the Brooklyn Center Press) CITY OF BROOKLYN CENTER AFFIDAVIT OF PUBLICATION ORDINANCE NO._ HOUSING MAINTENANCE AND OCCUPANCY ORDINANCE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES STATE OF MINNESOTA ORDAIN AS FOLLOWS: SS. Section 1: chapter 12 of City COUNTY OF HENNEPIN Ordinances is hereby amended d by the r 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 people of the City. These general objectives include, among others, the following: E. C. L'Herault, being duly sworn, on oath says he is and during all The times herein stated has been the President of (1) to protect the character and The Post Publishing Co., publisher and printer of The newspaper known as stability of residential areas BROOKLYN CENTER POST (A Continuation of Brooklyn Center Press) within the City; • ' (2) to correct and prevent housing and has full knowledge of the facts herein stated as follows: conditions that adversely (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent affect or are likely to ad- in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each versely affect the life, safety, week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest To the community general welfare and health, which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, including the physical, mental plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports and social well -being of to serve, has at least 500 copies regularly delivered To paying subscribers, has an average of at least 75 percent of its persons occupying dwellings total circulation currently paid or no more than three months in arrears and has entry as second -class matter in its within Brooklyn Center; local post- office. (5) Said newspaper purports to serve the (3) to provide minimum stag- CITY OF BROOKLYN CENTER � dards for cooking, heating, and sanitary equipment in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open necessary to the health and during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and safety of occupants of maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control buildings, during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each (4) to provide minimum stan- issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions dards for light and ventilation, for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with necessary to health and the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form safety; prescribed by The Secretary of State and signed by the managing officer of said newspaper and sworn to before a / (5) to prevent the overcrowding of notary public stating that the newspaper is a legal newspaper. dwellings by providing , minimum space standards per ° ,, ,,•1, --�, ^.', occupant for each dwellin t� 'G ' ,�- - •- . _ HefurlhersTaTeson oath ihatihe printed ..'.... �..` ::..............: .:-.:........:....,.... ........... /................... unit; J (6)to provide minimum stan- dards for the maintenance of ... ....r...:..,.r... ' ../ r".:... 1�.!.:!:..:'. �� ........................... ............................... existing residential buildings, . . and to thus prevent slums and t blight; hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in (7) to preserve the value of land and buildings throughout the City. �' the English language, once each week, for.:'.... successive weeks; That it was first so published on ....... With respect to rental disputes, and t Y except as otherwise specifically provided by the terms of this or- dinance, it is not the intention of the the..( ...... day of.:..;.' rf....../ : ...... 19.: ��. andwasThereafterprintedandpublishedonevery ..................... City Council to intrude upon the fair and accepted contractual relationship to and including the....... .day of ........................ 19 ...... and That the following is a printed copy of the between tenant and landlord. the City Council does not intend to intervene as t an advocate of either party, nor to act lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in as an arbiter, nor to be receptive to complaints from tenant or landlord - which are not specifically and clearly the composition and publication of said notice, to wit: relevant to the provisions of this or- dinance. In the absence of such relevancy with regard to rental disputes, it is intended that the cog - abcdefghiiklmnopgrstuvwxy7 -5 pt. Sans • iracting parties exercise such legal sanctions as are available to them without the intervention of City government. Section 12 -102. APPLICABILITY OF ORDINANCE. Subscribed and sworn to before - ...........da of .`.:,;..':r .:............A.D., 19.:. me this........... ::. .......................................... u...................................... ..................................... (NOTARIAL SEAL) Notary Public ....... ........................County, Minnesota • My Commission Expires ....... .......................19...... Y No . ................ Affidavit of Publication Or Published in BROOKLYN CENTER POST 5617 Corvallis Ave. N. MINNEAPOLIS, MINNESOTA 55429 DATE OF PUBLICATION ATTORNEY FILED BROOKLYN CENTER POST 1 ., 1 outlets and required exit 15-4 facilities), utility Section 1 ) plaster, bedding, crockery RODENT HAR- rooms of less Than 50 square and similar materials. BO RAGES PROHIBITED IN OC- feet of floor space, foyers, (28)Safety —the condition of being CUPIED AREAS. reasonably free from danger No occupant communicating corridors, and hazards which may cause pant of a dwelling or stairways, closets, storage t dwelling unit shall accumulate boxes, Ever building and its . lumber, scrap metal, or any other used in whole or in part as a Dome or and recreation areas in parts (29) Substandard dwelling —any similar materials in such a manner residence, or as an accessory struc. of the structure below ground dwelling which does not that may provide a rodent harborage ture thereof, for a single family or lev *; or in attics, conform To the minimum person, and every building used in in or about any dwelling or dwelling (11)Heated water —water heated standards established by City unit. Stored materials shall be stacked whole or in part as a home or 10 a temperature of not less neatly in piles. • residence of two or more persons or than 120 degrees Fahrenheit Ordinances. Section 12 -310. RODENT HAR. families living in separate units shall measured at faucet outlet. (30)Supplied—paid for, furnished BORAGES PROHIBITED IN PUBLIC conform to the requirements of this (12) Kitchen —a space which by, provided by or under the AREAS. ordinance, irrespective of when such contains a sink with counter control of the owner, operator, + No owner of a dwelling containing building may have been constructed, + working space, adequate or agent of a dwelling, two or more dwelling units shall ac- altered, or repaired. This ordinance space for installing cooking (31)Meaning of certain words— cumulate or permit the accumulation establishes minimum standards for and refrigeration equipment, whenever the words of boxes, lumber, scrap metal, or any erected dwelling units, accessory and adequate space for the "dwelling," "dwelling unit" other similar materials in such a structures, and related premises. storage of cooking utensils. "premies," or "structure" manner that may provide a rodent Section 12 -201. DEFINITIONS. (13)Multiple family dwelling —a + are used in this ordinance, harborage in or about shared or public r The following definitions shall apply dwelling or portion thereof they shall be construed as areas of a dwelling or its premises. in The interpretation and enforcement containing Three or more though they were followed by Materials stored by the owner or of this ordinance: dwelling units. the words "or any part permitted to be stored by the owner (14)Occupant —any person On- thereof." t shall be stacked neatly in piles. (1)Accessory structure —a cluding owner or operator) Section 12 -301. RESPONSIBILITIES Section 12 -311. PREVENTION OF structure subordinate to the living, sleeping, cooking nd FOOD 7311 RODENTS. 9 OF OWNERS AND OCCUPANTS. 1 main or principal dwelling or eating in a dwelling unit. No owner or other person shall No owner or occupant of a dwelling dwellings and which is not used nor authorized (15)Operator —the owner or his occupy or let to another person any or dwelling unit shall store, place, or for living or sleeping agent who has charge, care, dwelling, dwelling unit or rooming unit allow to accumulate any materials pinn g used by y control, or management of a • unless it and the premises are clean, that may serve as food for rodents in a located on or partially on the human occupants and which 9, or part thereof, in sanitary, fit for human occupancy building, site accessible to rodents. r , premises. which dwelling units or and comply with all applicable legal Section 12 -312. SANITARY (2)Building —any structure rooming units are letrequirements oftheStateofMinnesota MAINTENANCE OF FIXTURES (16) . Owner —any person, firm or and the City f Brooklyn f AND FACILITIES. corporation erected for the support, r Y Y Center, in- Every occupant of unit shelter, or enclosure of per- poration who, alone, cluding the following requirements: ccupan a dwelling jointly, or severally with Section 12 -302. MAINTENANCE OF shall keep all supplied fixtures and sons, animals, chattels, or others, shall be in actual SHARED OR PUBLIC AREAS. facilities therein in a clean and movable property of any kind. sanitary condition and shall be (3) Compliance Official —the City possession of, or have charge, Every owner of a dwelling nits cave or control of, any raining two or more dwelling units responsible for the exercise of Manager and his designated dwelling, dwelling unit, or ♦ shall maintain in a clean and sanitar reasonable care in the proper use and agents authorized to ad- y minister and enforce this rooming unit within the City condition the shared or public areas of operation thereof. as owner, employee or agent the dwelling and premises thereof. Section 12.313. MINIMUM ordinance. of the owner, or as trustees or Section 12 -303. MAINTENANCE OF HEATING CAPABILITY AND (4)D portion g —a building, 0r guardian of the estate or OCCUPIED AREAS. + MAINTENANCE. portmion thereof, designed or + person of the title holder. Any Ever In every dwelling unit or rooming used predominantly for y occu ant P of a dwelling, unit when the control of the supplied residential occupancy of a such person representing the dwelling unit or rooming unit shall heat is the respons ccupant, a son ibility of a person continued nature, including 1- actual owner shall be bound to maintain in a clean and sanitary other than the family dwellings,2- family comply with the provisions of condition That part or those parts otthe o dwellings, and multiple family this ordinance to the same dwelling, dwelling unit and premises perature of at least 68 degrees dwellings; but not including extent as the owner. i thereof that he occupies and controls. Fahreneeil or such lesser temperature hotels or motels. (17)Permissible occupancy —the Section 12 -304. STORAGE AND required by government authority (5)Dwelling unit —a single maximum number of persons DISPOSAL OF RUBBISH. shall be maintained at a distance of y P residential accommodation permitted to reside in a Ever occupant of a dwelling, three feet above the floor in all i which is arranged, designed, + dwelling unit or ramming unit. dwelling unit or rooming unit shall habitable rooms, bathrooms, and used or, if vacant, intended for (18) Person —an individual, firm, store and dispose of all his rubbish in a water closet compartments from use exclusively as a domicile Partnership, association, clean, sanitary, and safe manner as September through May. for one family. Where a corporation or joint venture or prescribed by Chapter 7 of the City Section 12 -314. REMOVAL OF organization of any kind. Ordinances. SNOW AND ICE. privaTegarayeisstructurally (19 )Plumbing-- all ofthefollowing Section 12 -305. STORAGE AND The owner of a multiple family attached, it shall be con- _ supplied facilities and i DISPOSAL OF GARBAGE. dwelling or dwellings shall be sidered as part of the building in which the dwelling unit is equipment in a dwelling: gas Every occupant of a dwelling, responsible for the removal 04 snow located. pipes, gas burning equipment, dwelling unit or rooming unit shall and ice from parking lots, driveways, (6)Family —any of the following water pipes, steam pipes, store and dispose of all his garbage steps and walkways on the premises. defintions shall apply: garbage disposal units, waste and any other organic waste which f Individual snowfalls of three inches or A person or persons related by r pipes, water closets, sinks, might provide food for insects and -or more, or successive snowfalls ac- blood, marriage or option, installed dishwashers, rodents in a clean, sanitary, and safe cumulating to a depth of three inches, ad + together with his ad their lavatories, bathtubs, shower manner as prescribed by Chapter 7 of shall be removed from parking lots domestic servants or baths, installed clothes the City Ordinances. and driveways within 24 hours after gratuitous guests, main- washing machines, catch Section 12 -306. RESPONSIBILITY cessation of the snowfall. Individual basins, drains, vents, and any r FOR STORAGE AND DISPOSAL OF snowfalls of one inch or more, or raining a common household other similar fixtures and the GARBAGE AND RUBBISH. successive snowfalls accumulating to r in a dwelling unit; installation thereof, to ether Every owner of a multiple family a depth of one inch, shall be removed Group or foster care of not with all connections to water, dwelling shall supply facilities for the from steps and walkways within eight more than five (5) wards or sewer and gas lines. sanitary and safe storage and -or + hours after cessation of the snowfall. clients by authorized 1 (20)Premises —a platted lot or disposal of rubbish and garbage. I n the Section 12 -315. MINIMUM EX- , marriage, or adoption, blood or persons, related by part thereof or unplatted case of single or two - family dwellings, TERIOR LIGHTING. blood, together with his or their Parcel of land, either occupied it shall be the responsibility of the The owner of a multiple family domesic servants or or unoccupied by any dwelling occupant to furnish such facilities. dwelling or dwellings shall be gratuitous guests, all main- or nondwelling structure, Section 12 -307. RESPONSIBILITY responsible for providing and main- taining a common household including such building, ac- ' FOR STORM AND SCREEN DOORS laining effective illumination in all f in a dwelling unit approved cessory structure or other AND WINDOWS. exterior parking lots and walkways. and certified by the ap- structure thereon. The owner of a rental dwelling unit Section 12 -316. MAINTENANCE OF propriate public agency; (21)Public hall--a hall, corridor or shall be responsible for providing and DRIVING AND PARKING AREAS. A group of not more than five Passageway for providing hanging all screens and storm doors • The owner of a multiple family (5) persons not related by 0 egress from a dwelling unit to and storm windows whenever the dwelling or dwellings shall be blood, marriage or adoption a public way and not within same are required under The responsible for providing and main - maintaining a common the exclusive control of one provisions of this ordinance, except taining in good condition paved and household in a dwelling unit. family. where there is written agreement delineated parking areas and (7)Flush water closet - -a Toilet (22) Refuse —all putrescible and otherwise between the owner and driveways for tenants consistent with bowl flushed with water under nonputrescibde waste solids + occupant. Chapter 35 of the City Ordinances. ° pressure with a water sealed - including garbage and rub- Section 12 -308. RESPONSIBILITY Section 12 -317. MAINTENANCE OF trap above the floor level. bish. FOR PEST EXTERMINATION. < YARDS. (8)Garbage— putrescible animal (23)Rental dwelling or dwelling Every occupant of a dwelling con- The owner of a multiple family and vegetable wastes unit —a dwelling or dwelling taining a single dwelling unit shall be + dwelling or dwellings shall be ) unit let for rent or lease. responsible for the extermination of responsible for providing and main - resulting sepia g from the handling, ration, cooking and (24)Repair —to restore to a sound vermin infestations and-or rodents on taining in reasonably good condition consumption of food. and acceptable state of the premises. Every occupant of a yards consisting of grass lawn, trees (9) Habitable building —any operation, serviceability or dwelling unit in a dwelling containing and shrubs. building or part thereof that appearance. more than one dwelling unit shall be Section 12 -401, MINIMUM STAN - meets minimum standards for ( Rodent harborage— anyplace ♦ responsible for such extermination DARDS FOR BASIC EQUIPMENT where rodents can live, nest, whenever his dwelling unit is the only + use e a home or place of AND FACILITIES. No p erson shall occu abode by one or more persons. or seek shelter. one infested. Notwithstanding, P as owner, (26)Rooming unit —any room or however, whenever infestation is occupant, or let to another for oc- enclosed floor space a ace usetl or cu anc an dwellin (10) ble roam room or group of forming by 1 P Y Y g or dwelling unit, e v. rooms orming a cause y the failure of the owner To intended To be used for living, single habitable unit used or maintain a dwelling in a reasonable for the purposes of living, sleeping, sleeping, cooking, or eating intended To be used for living rodent -proof or reasonable vermin- cooking and eating therein, which does purposes, excluding and sleeping, but not for proof condition, extermination shall, be not comply with the following bathrooms, water closet cooking and eating purposes. the responsibility of the owner. requirements: (27)Rubbish— nonputrescibde solid Whenever infestation exists in two or Section 12 -402. KITCHEN compartments, laundries, wastes consisting of both v more of the dwelling units in any FACILITIES. sem an basements, (Those without e rooms, unfinished ba combustible d non- dwelling, or in the shared or public Every dwelling unit shall have a basem room or portion of a room in which floor covering, ceiling combustible wastes, such as rintrng two o food may be prepared and -or cooked covering, wall finish, required paper, cardboard, tin cans, more dwelling units, extermination ventilation, required electric + grass and shrubbery clip- thereof shall be the responsibility of M and which shall have adequate cir- pings, wood, glass, brick, the owner. culation area, and which shall be equipped with the following: (1) A kitchen sink in good working fastened and maintained in good laws of the State of Minnesota. The an or wood surfaces, other than minimum capacity of such electric decay � condition and properly con- condition. No flight of stairs shall have , netted to an approved water decay resistant woods, shall be '�•.w stem and which settled out of its intended position or service and the minimum number of protected from the elements and supply system provides t all times an have pulled away from the supporting electric outlets and fixtures shall be as decay by paint or other protective adequate amount heated or adjacent structures enough to cause follows: covering or treatment. If 25 percent or a hazard. No flight of stairs shall have and unheated running water (1) dwellings containing one or more of the exterior surface of such a t under pressure, and which is rotting, loose, or tleteriorating sup- , two dwelling units shall have wood structure is unpainted or ports. Excepting spiral and v 19 at least the equivalent of 60- determined by the Compliance Official connected to an approved stairways, the treads and ri sewer system. every flight of stairs shall be u.. ..'m ampere, three -wire electric to be paint blistered, the surfaceshall (2)Cabinets and -or shelves for in width and heightirways shall be service per dwelling unit as a be ecton 2 . Sta 703 WINDOWS, DOORS, the storage of eating, + capable of supporting a live load of 100 condition of sale; i )dwelling units shall have at AND SCREENS. drinking, and cooking pounds per square foot of horizontal (2 equipment and utensils and of projection. least one branch electric Every window, exterior door, and food that does not require Section 12 -407. ACCESS TO circuit for each 600squ yet hatchway shall be substantially condition refrigeration for safekeeping; DWELLING UNIT. of dwelling unit floor and shall be kept in sound condition Access to or egress from each (3)every habitable room ..call epair. Every window, other than dwelling unit shall be provided without have at least one floor or wall- d window or storm window, shall Type electric convenience E capable of being easily opened. and a counter or table for food passing through any other dwelling r outlet for each 60 square feet Every window, door and frame shall preparation. Said cabinets unit and-or shelves and counter or Section 12.406. DOOR LOCKS. floor area, and to fraction thereof case total less relation to the adjacent wall con - constructed and maintained to such table shall be adequate for the + No owner shall occupy nor let •a fl tr a re p than two such electric outlets, struction as to completely exclude permissible occupancy of the another for occupancy any dwelling or , dwelling unit ano shall be of dwelling unit unless all exterior doors provided, however, that one rain, wind, vermin and rodents from sound furnished entering the building. Every window nd construction sou surfaces that are easily of the dwelling or dwelling unit are or other device with openings to equipped with safe, functioning ceiling or wall -TYpe light outdoor space which is used or in- cleanable and that will not impart any toxic or locking devices. Multiple family fixture may be supplied in lieu tended to be used for ventilation shall deleterious effect to food. dwellings shall be furnished with door of one required electric outlet; be supplied with 16 -mesh screens (3)A stove or similar device for locks as follows: ' l4)every water closet com- s during the insect season. cooking food, and a (1) Forthe purpose of providing a partment, bathroom, kitchen, Section 12 -704 FLOORS, INTERIOR refrigerator or similar device reasonable amount of safety laundry room, and furnace ' WALLS AND CEILINGS. for the safe storage of food, and general welfare for room, shall contain at least Every floor, interior wall, and which are properly one supplied ceiling or wall- ceiling shall be adequately protected ro i P P y installed persons occupying m••' • ple family dwellings con ^ • type electric light fixture and against the passage and harborage of with all necessary connections for safe, sanitary and efficient after May 5 s 1 every bathroom and laundry vermin and rodents, and shall be kept e operation. Provided that such security system an a, m shale be room shall contain at least one in sound condition and good repair. stove, refrigerator, or similar maintained for each multiple electric convenience outlet; Every floor shall be free of loose, devices need not be installed family building to control `ry Public hall and stairway warped, protruding or rotted flooring when a dwelling nit is not access. The security system every multiple family materials. Every interior wall and g .,welling shalt be adequately ceiling shall be free of holes and large occupied and when the prov shall consist f locked building lighted by natural or electric a r —cks and loose plaster and shall be same is expected to provide entrance or foyer doors, and li at all times, so as to tained in a tight weatherproof" same s occupancy, to which t locked into al d welling m hall g case sufficient space and ways into individual dwelling effective illumination ,lion. Toxic paint and materials P in all parts thereof. Every snail not be used where readily ac- adequate connections for the units. Dead -latch type door public hall and stairway in cessible to children. Every toilet room installation and o erato of locks shall (o k and bathroom floor surface shall be p provided with lever knobs (or doornobs)on structures containing not said stove, refrigerator or o dwelling units two w similar device must be the inside of building entrance more capable of being easily maintained in provided. doors and with key cylinders may be supplied with con- a clean and sanitary condition. on the outside of building / veniently located light swit• Section 12 -705. RODENT PROOF, entrance doors. Building Section 12 -403. TOILET ches controlling an adequate Every dwelling and accessory FACILITIES. entrance door latches shall be lighting system which may be 1 structure and the premises upon which Within every dwelling unit there of a type that are permanently f turned on when needed, in- located shall be maintained in a shall be a nonhabitable room with a � l stead of full -time lighting; rodent -free and rodent -proof con- entrance door which affords privacy ' (6) a convenient switch or dition. All openings in the exterior permaneocked from the outside unlocked from tside and a person within said room and whirl. the inside. equivalent device for turning walls, foundations, basements, ground room is equipped with a flush water on a light in each dwelling unit or first floors, and roofs which have a (2) Every door that is designed to closet in good working condition, Said shall W located near the ,. diameter or larger opening shall flush water closet shall be equipped provide ingress h egress fora ants of entrance to such unit. q pped dwelling unit within a multiple Po be rodent - proofed in an approved with easily cleanable surfaces, shall Section 12 -601. MINIMUM THER- manner. Interior floors or basements,. 1 be connected to an a family building sh be approved water id ith an al ed MAl `TANDARDS. cellars and other areas in contact with equipped w system that at all times provides an lock that has a deadlu-King N son shall occupy as owner, the soil shall be paved with concrete or adequate amount of running waters , Wit that cannot be retracted op erated occL or let to another for oc- other rodent impervious material. + under pressure to cause the water cupancy any dwelling or dwelling unit, Section 12 -706. FENCE MAIN - closet to be o by end pressure, provided, p properly, and however, that such door shall fo not have h of heating facilities which TE which All s supplied by the owner shall be connected to an approved be openable from the inside does not have heating facities l fence es without the use of key sewer system. are properly installed, and which are anent on the premises and all fences of any Section 12.404. LAVATORY SINK. maintained in safe and good working `ed or caused to be erected by an Within every dwelling unit there special knowledge or effort. condition, and which are capable of rant on the premises shall consist shall be a lavatory sink. Said lavatory Section 12 -501. MINIMUM STAN- safely and adequately heating all , o, ,petal, wood, masonry, or other • sink may be in the same room as the DARDS FOR LIGHT AND V EN- habitable rooms, bathrooms, and decay resistant material- Fences shall flush water closet, or if located in TILATION. water closet compartments in every be maintained in good condition both another room, the lavatory sink shall ' No person shall occupy as owner, dwelling unit located therein to a r in appearance and in structure. Wood be located in close proximity to the occupant or let to another for oc- temperature of at least 68 degrees material, other than decay resistant door leading directly upancy any dwelling o, y into the room in dlli r dwelling unit protected against Fahrenheit at a distance of three feet varieties, shall be which said water closet is located. The for the purpose of living therein, which above floor level and three feet from decay by use of paint or other lavatory sink shall be in good working does not comply with the following exterior walls at an outside tem- preservatives. condition and shall be properly con- requirements: perature of •25 degrees Fahrenheit. Section 12 -707. ACCESSORY netted to an approved water sup Section 12.502. HABITABLE ROOM Gas or electric appliances designed STRUCTURE MAINTENANCE. system and shall provide at all ti VENTILATION. n primarily for cooking or water heating. Accessory structures supplied by e an adequate amount of heated Except where there is supplied some purposes shall not be considered as the owner, agent or tenant occupant on unheated running water under other device affording adequate heating facilities within the meaning + the premises of a dwelling shall be pressure, and shall be connected to an ventilation and approved r '4e of this section. Portable heating structurally sound, and be maintained i approved sewer system. t Compliance Official, every h " equipment employing flame and the in good repair and appearance. The Section 12 -405. BATHTUB OR room shall have at least one w use of liquid fuel does not meet the exterior of such structures shall be SHOWER. facing directly outdoors which can be requirements of this section and is made weather resistant through the Within every dwelling unit there opened easily. The minimum total of P. ed. No owner or occupant shall use of decay- resistant materials such shall be a room which affords privacy openable window area in every ,n iperate or use a space heater as paint or other preservatives. to a person within said room and which habitable room shall be the greater of emp..,ying a flame that is not vented Section 12 -708. SAFE BUILDING is equipped with a bathtub or shower 4 percent of the floor area of the room outside the structure in an approved # El EMENTS. • in good working condition. Said or four square feet. manner. wry foundation, roof, floor, ex- bathtub or shower may be in the same Section 12 -503. NONHABITABLE Section 12 -701. GENERAL and interior wall, ceilings, in- room as the flush water closet, or in ` ROOM VENTILATION. REQUIREMENTS. s,..e and outside stair, every porch and , another room, and shall be properly • Every bathroom and water closet No person shall occupy as owner, balcony, and every appurtenance connected to an approved water compartment, and every laundry and occupant or let to another for oc- thereto, shall be safe to use and supply system and shall provide at all utility room shall contain at least 50 cupancy any dwelling or dwelling unit, capable of supporting loads that times an adequate amount of heated percent of the ventilation requirement for the purpose of living therein, which normal use may cause To be placed and unheated water under pressure, for habitable rooms contained in does not comply with the following thereon. and shall be connected to an approved Section 12 -502, except that no windows requirements: Section 12 -709. FACILITIES TO sewer system. shall be required if such rooms are Section 12 -702. FOUNDATIONS, , FUNCTION. Section 12.406. STAIRWAYS, equipped with a ventilation system EXTERIOR WALLS AND ROOFS. Every supplied facility, piece of PORCHES AND BALCONIES. which is approved by the Compliance The foundation, exterior walls and . equipment or utility, and every Every stairway, inside or outs Official. exterior roof shall be substantially chimney and flue shall be installed and a dwelling and every porch or balc,...y, I Section 12 -504. ELECTRIC SER- water tight and protected against shall be maintained and shall function shall be kept in safe condition and VICE, OUTLETS AND FIXTURES. vermin and rodents and shall be kept effectively in a safe, sound and sound repair. Every flight of stairs Every dwelling unit and all public in sound condition and repair. The working condition. and every porch and balcony floor and common areas shall be supplied foundation element shall adequately Section 12 -710. GRADING AND shalt be free of deterioration. Every with electric service, functi -ing support the building at all points. DRAINAGE. stairwell and every flight of stairs overcurrent protection d $, Ev^-v exterior wall shall be free of Every yard, court, passageway, and which is more than four risers high electric outlets, and electric i es it ration, holes, breaks, loose or other port - ions of a premises on which i shall have handrails approximately. 30 which are properly installed, which n. , boards or timbers, and any a dwelling stands shall be graded and inches high, measured vertically from i shall be maintained in good and safe other condition which might admit • drained so as to be free of standing I nose of the stair tread to the top of working cond'ntions, and shall, be rain or dampness to the interior water within 24 hours after ter - ihe handrail. Every porch which is d connected to a source of electric power portion of the walls or to the exterior mination of rainfall during the period r more than four risers high and every in a manner prescribed by the or- spaces of the dwelling. The roof shall May through October. balcony shall have handrails ap- dinances, rules and regulations of the be tight and have no defects which -tion 12 -711. YARD COVER. proximately 30 inches above the floor City of Brooklyn Center and by the admits rain, and roof drainage shall be pry yard of a premises on which a of the porch or balcony. Every han. adequate to prevent rain water from u. ,ding stands shall be provided with drail and balustrade shall be firmly causing dampness in the walls. All lawn or combined ground cover of S oo' piration date; in the cases of new succeeding to the ownership or control unlicensed dwellings; license fees of such rental dwelling or dwellings. (2) It shall be unlawful for such shall be due upon issuance of the Section 12 -909. OCCUPANCY dwelling, dwelling unit, or vegetation, garden, hedges, and certificate of occupancy; in the cases rooming unit to be used for shrubbery and such yard shall be of licensing periods of less than two REGISTER REQUIRED. human habitation until the Every owner of a licensed rental 1 defective conditions have been ► maintained consistent with prevailing years, license fees shall be prorated corrected and written ap- Section 12 -712. DISCONTINUANCE (1) - neighborhood standards. monthly: dwelling containing three or more + For each single family dwel dwelling units shall keep, or cause to + proval has been issued by The OF SERVICE OR FACILITIES. ling rented, the biennial !i- be kept, a current register of oc- + Compliance Official. It shall No owner, operator, or occupant cense tee shall be $12. cupancv for each dwelling unit which be unlawful for any person to shall cause any service, facility, (2) For the first unit rented within Provides the following information: deface or remove The declara- equipment or utility which is r (1) Dwelling unit address; tion placard from an such squired atwo- family dwelling, the bi• y ► (2) Number of bedrooms in dwelling dwelling, dwelling unit or under This f To removed ennial license fee shall be $12, unit; rooming unit. from or shut t off from from or discontinued continued for the second unit 86. (3) Names of adult occupants and Section 12 -1702. SECURE UNFIT for any occupied dwelling or dwelling (3) For each multiple family number of adults and children ' AND VACATED DWELLINGS. t unit let or occupied by him, except for dwelling, the biennial license (under 78 years of age) cur- The owner of any dwelling, dwelling such temporary interruption as may fee shall be $15 per building, rently occupying the dwelling unit, or rooming unit which has been al necessary while actual repairs or plus S4 per dwelling unit. units. declared unfit for human habitation, alterations are in process, or during A delinquency penalty of 5 per cent (4) Dates renters occupied and va- or which is otherwise vacant for a temporary emergencies. of the license fee for each day of cated dwelling units; period of 60 days or more, shall make Section 12 -801. MAXIMUM DEN- operation without a valid license shall (5) A chronological fist of complaints same safe and secure so that it is not SITY, MINIMUM SPACE, USE AND be charged operators of rental TION REQUIREMENTS. dwellings. Once issued a license is + and requests for repair by hazardous to the health, safety and ,terson shall occupy nor permit nontransferable and the licensee shall dwelling unit occupants, welfare of the public and does not o. — to be occupied any dwelling or not be entitled to a refund of any which complaints and re- constitute a public nuisance. Any • dwelling unit for the purpose of living license fee upon revocation or quests are related to the pro- vacant dwelling open at doors or visions of this ordinance; and windows, if unguarded, shall be thereon, which does not comply with suspension; however, the licensee the following requirements: shall t t (6) A similar chronological list of all deemed to be a hazard to the health, , a license fee refund, Section 12 -802. PERMISSIBLE prorated monthly, upon proof corrections made in response safety and welfare of the public and a h trans- to such requests and com- c nuisance within the meaning of OCCUPANCY OF DWELLING UNIT. � ter of legal control or ownership. � bli i ithi g The maximum ermissible oc- plaints. this ordinance. D Section 12 -903. OWNER OR AGENT cuDancy of any dwelling unit shall be TO APPLY. Such register shall be made Section 12 -1103. HAZARDOUS License application + + available for viewing orcopyngbythe BUILDING DECLARATION. cen determined as follows: pp ation or renewal shall Compliance Official at all reasonable I n the event that a dwelling has been be made by the owner of rental units or (1)For the first occupant, 150 times. declared unfit for human habitation - A agent. p square feet of habitable room his legally constituted a Section 72 -910. LICENSE and the owner has not remedied the floor space and for every plication forms may be acquired from SUSPENSION OR REVOCATION. additional occupant thereof, and subsequently filed with the Com- defects within prescribed reasonable at least 100 square feet of pliance Official. The applicant shall time, the dwelling may be declared a supply: hazardous building and treated con - habitable room floor space; (7) Name, address, and telephone Every operating license issued sistent with the provisions of Min - n (2) event shall the total number of dwelling owner, under the provisions of this ordinance nesota Statutes. number of occupants exceed 2 owning partners if a partner is subfect to suspension or revocation Section 12 -1201. COMPLIANCE rooms, times the number of habitable ship, corporate officers if a by the City Council should the licensed ORDER. rooms, less kitchen, in the dwelling unit. corporation; owner or his duly authorized resident Whenever the Compliance Official - (2) Name, address, and telephone agent fail To operate or maintain determines that any dwelling. Section 12 -803. ONE FAMILY PER number of designated resi• licensed rental dwellings and units dwelling unit, or rooming unit, or the DWELLING UNIT. dent agent, if any; therein consistent with the provisions premises surrounding any of these, Not morethan one family, except for (3) Name address, and lephone of the ordinance of the City of fails to meet the provisions of this , te temporary guests, shall occupy a+ number of vendee, if the dwel- Brooklyn Center and the laws of the ordinance, he may issue a Compliance dwelling unit. State of Minnesota. In the event that Order setting forth the violations of the Section 12 -804. MINIMUM CEILING ling is being sold through a an contract for deed; operating license is suspended or ordinance and ordering the owner, HEIGHT. revoked by the City Council for just occupant, operator, or agent to correct In order to qualify as habitable, (4) Legal address of the dwelling; cause, it shall be unlawful for the such violations, This Compliance the dwelling; rooms shall have a clear ceiling height (5) Number dwelling units within owner or his duly authorized agent to Order shalt: of not less than 6 feet, 6 inches, except thereafter permit any new oc- (6) Description of procedure Through (1) Be in writing. that in attics or top- half - stories used which tenant inquiries and cupancies of vacant or thereafter (2) Describe the location and nature for sleeping, study, or similar ac- vacated rental units until such time as of the violations of this ordi- tivities, the ceiling height shail be not complaints are To be proc- a valid operating license may be less than 6 feet, 6 inches over at least . essed. nonce. Section 12 -904. RESIDENT AGENT restored by the City Council. Any (3) Establish a reasonable time for ': of the floor area. In calcuating the REQUIRED. person violating this provision shall be - the correction of such viola - floor area of such rooms in attics or No operating license shall be issued guilty of a misdemenaor, and upon tions. top half on ly th e those portions of or renewed for a nonresident owner of conviction thereof shall be punished by (4) Be served upon the owner or his the floor area of the room having a a fine of not more than three hundred rental dwelling units (one who does not' agent or the occupant, as the clear ceiling height of 5 feet or more reside in an of the following Min- dollars and by imprisonment case my require. Such notice y not t may be included. not to exceed ninety (90) days. Each Section 12 -805. PERMISSIBLE nesota counties: Hennepin, Ramsey, day of each violation shall constitute a shall deemed c be properly . OCCUPANCY OF SLEEPING Anoka, Carver, Dakota, Scott, or served d upon such owner or separate punishable offense. ROOMS. Washington) unless such owner agent, or upon any such occu- gna In every dwelling unit every room desitesinwritingtotheCompliance A Th personal- Section INSPECTION AUTHORITY. 7. ENFORCEMENT a. Served upon him ant, if a copy thereof is occupied for sleeping purposes shall Official the name of his resident agent The City Manager and his ly, or have a minimum floor area of 70 (one who does reside in any of the designated agents shall be the Com- square feet. Every room occupied for following Minnesota counties: Hen- b. Sent by registered mail sleeping purposes by more than two rtepin, Ramsey, Anoka, Carver, pliance Official who shall administer to his last known address, or and enforce the provisions of this occupants shall contain at least 50 Dakota, Scott, or Washington) who is c. Upon failure to effect no- square feet of floor area for each responsible for maintenance and ordinance and who hereby tice through (a) and (b) as 'occupant thereof. The floor area of upkeep and who is legally constituted authorized to cause inspections on a set out in this section, past - scheduled basis and -or when reason ed at a conspicuous place and em closets within sleeping rooms may be powered to receive service of exists to believe that a violation of this credited to minimum floor area notice of violation of the provisions of in or about the dwelling requirements. , the City Ordinances, To receive orders ordinance has been or is being com- which is affected by the miffed. + notice. Section 12 -806. ACCESS THROUGH and to institute remedial action to Section 12 -1002. INSPECTION Section 12 -1202. RIGHT OF AP- SLEEPING ROOMS AND effect such orders and to accept all ACCESS. BATHROOMS. 'service or process pursuant to law. If any owner, occupant or other PEAL. No dwelling unit built after 1940 and The Compliance Official shall be When it is alleged by any person to containing two or more sleeping rooms notified in writing of any change of Person in charge of a dwelling or whom a compliance order is directed shaft have a room arrangement such resident agent. free access and entry to the structure dwelling unit fails or refuses to permit that such compliance order is based that access to a bathroom or water Section 72 -905. CONFORMANCE TO upon erroneous interpretation of this closet compartment intended for use LAWS. or premises under his control for an ordinance, such person may appeal by occupants of more than one No operating license shall be issued inspection pursuant to this ordinance, the compliance order to the City sle y y g court t ord er a eping room can be gained onl b or renewed unless the rental dwelli the o a Official may seek uthorizing such in- - Council sitting as a Board of Appeals. rd going through another sleeping room, and its premises conform to the or- 7 Such appeals must be in writing, must nor shall the room arrangement be I d)nances of Brooklyn Center and the spection. specify the grounds for the appeal, Section 12 -1101. UNFIT FOR must be accompanied by a filing fee of such that access a sleeping room laws of the Stale Minnesota. HUMAN HABITATION. $15 in cash or cashier's check, and can be gained only y going through Section 12 -906. 6, INSPECTION (1) Any dwelling, dwelling unit, or must be filed with the Department of another sleeping room. . A bathroom o CONDITION. rooming unit which is damag- Planning and Inspection within five used as the only passageway to any or rene,wed wed water closet compartment shall not be e No fn license shall be issued „ ed, decayed dilapidated, in- (5) business days after service of the unll ess the owner of rental unsafe, vermin or habitable room, hall, basement or units agrees in his application permit sanitary, compliance order- The filing of an cellar or to the exterior of any dwelling inspections pursuant to Section 12- rodent infested, or which lacks appeal shall stay all proceedings in unit. 1001. provision for basic illumina- furtherance of the action appealed Section 72 - 901. LICENSING OF ahe extent that ventilation or sanitary f t o RENTAL UNITS, Section 72 -907. POSTING OF + from, unless such a stay would cause facil the LICENSE. imminent peril To life, health, or From and after June 1, 7975 no the defects create a hazard to p erson shall operate a rental dwelli Every licensee of a multiple y p the health, safet or welfare p welling shall cause to be eon- of the oc cu p ants or of the Section without first having obtained a licens CISI BOARD OF AP- e P PEALS DECISION. spieuously posted in the main entry to do so from the City of Brooklyn way or other conspicuous location public may be declared unfit Upon at least 5 business days notice Center as hereinafter provided. After therein the current license for the for human habitation. When- to the appellant of the time and place . expiration of an initial licensing periotl ever any dwelling, dwelling respective multiple Dwelling. for hearing the appeal, and within 30 of less than two years as determined c or rooming unit has been days after said appeal is tiled, the Section 1 LICENSE NOT declared unfit for human hob- by the Compliance Official, each such TRANSFERABLE. del . Board of Appeals shall hold a hearing operating license shelf be issued N o itation, the Compliance Of- r thereon, taking into consideration any operating license shall trans- ficial shall order same va- biennially and shall expire on the tera ble to another person or to a another advice and recommendation from The rental dwelling. Eve anniversary date of issuance. License g- ry person holding cated within a reasonable Advisory Housing Commission. The renewals shall be filed at least 60 days an operating license shall Board of A prior to license expiration date. p give notice time and shall post a placard Appeals may reverse, P P in writing to o the Compliance Official on same indicating that it is � modify, or affirm, in whole or in part, Section 12.902. LICENSE FEES. within 72 hours after having legally unfit for human habitation, the compliance order and may order The following license fees shall be transferred or otherwise disposed of and any operating license return of all or part of the filing fee if due 60 days prior to the license ex- the legal control of any licensed rental Previously issued for such the appeal is upheld. dwelling. Such notice shall include The dwelling shall be revoked. name and address of the person Section 12 -1204. RESTRICTIONS ON 'Y TRANSFER OF OWNERSHIP. established hereunder notwith- It shall be unlawful for the owner of standing, the City Council may by any dwelling, dwelling unit, or resolution cause the cited deficiency to rooming unit upon whom a pending be remedied as set forth in the com- compliance order has been served to plianceorder.Thecostof such remedy sell, transfer, mortgage, lease or shall be a lien against the subject real otherwise dispose thereof to another estate and may be levied and collected person until the provisions of the tag or , as a special assessment in the manner compliance order have been complied provided by Minnesota Statutes, with, unless such owner shall furnish Chapter 429, but the assessment shall to the grantee, lessee, or mortgagee a be payable in a single installment. true copy of any notice of violation or Section 12 -1301. ALTERNATIVE compliance order and shall obtain and SANCTIONS. possess a receipt of acknowledging. Notwithstanding the availability of Anyone securing an interest in the the foregoing compliance procedures dwelling, dwelling unit, or rooming and the penalties, whenever the unit who has received notice of the Compliance Official determines that existence of a violation tag or com- . any dwelling, dwelling unit, or pliance order shall be bound by same rooming unit of the premises without further service of notice upon surrounding any of these fails to meet him and shall be liable to all penalties the requirements set forth in this and procedures provided by this or- ordinance, the Compliance Official dinance. I may issue a violation tag summoning Section 12 -1205. PENALTIES. the responsible person into court or Any person who fails to comply with request the issuance of a criminal a compliance order after right of complaint and arrest warrant. appeal has expired, and any person Section 12 -1302. PENALTIES. who fails to comply with a modified , Any person violating any of the compliance order within the time set provisions of this ordinance by doing therein, upon conviction therefor shall any act or omitting to do any act which be punished by a fine not to exceed constitutes a breach of any section of 5300 or by imprisonment not to exceed this ordinance, shall, upon conviction 90 days or both. Each day of such thereof by lawful authority, be failure to comply shall constitute a punished by a fine not to exceed three separate punishable offense. hundred ($300) dollars or by im• Section 12 -1206. EXECUTION OF prisionment not to exceed ninety (90) COMPLIANCE ORDERS BY PUBLIC days or both. Each day that a violation AUTHORITY. continues shall be deemed a separate Upon failure to comply with a punishable offense. No provision of compliance order within the time set this ordinance designating the duties therein and no appeal having been of any official or employee of the City taken, or upon failure to comply with a shall be so construed as to make such modified compliance order within the official or employee liable for the time set therein, the criminal penalty penalty provided in this section because of failure to perform such duty, unless the intention of the City Council to impose such penalty on such . official or employee is specifically and clearly expressed in the section creating the duty. Section 12 -1401. SEPARABILITY. Every section, provision, or part of this ordinance is declared separable from every other section, provision, or part to the extent that if any section, provision or part of the ordinance shall be held invalid, it shall not invalidate any other section, provision or part thereof. Section 2: This ordinance shall become effective June 1, 1975. Adopted thi day of 19_. Mayor ATTEST: Clerk Published in the Official Newspaper_ Effective Date (Boldface indicates new matter.) (Published in The Brooklyn Center Post March 6, 1975).