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HomeMy WebLinkAboutPCAgenda_04Jan27City of Falcon Heights Planning Commission City Hall 2077 W. Larpenteur Avenue Tuesday, January 27, 2004 7:00 p.m. AGENDA A. CALL TO ORDER: 7 p.m. B. ROLL CALL: Tracy Lukermann Harris Lageson Maher Heideman DeLeo Ryan Ziebarth Council Liaison Lindstrom City Administrator Worthington Staff Liaison Jones • C. APPROVAL OF MINUTES: November 25, 2003 D. AGENDA ITEMS: 1. Election of Chair for 2004 E. INFORMATION AND ANNOUNCEMENTS F. ADJOURN TO WORKSHOP G. WORKSHOP: Falcon Heights City Code, Chapter 9 and Chapter 10 • Planning Commission agenda 012704 MEMORANDUM To: Members of the Planning Commission CC: Heather Worthington, City Administrator; Peter Lindstrom, Council Liaison From: Deb Jones, Staff Liaison Subject: Planning Commission Meeting on January 27 Date: January 23, 2004 Happy New Year! Welcome back to the Planning Commission! The only agenda item is the annual task of electing a chair. Again, we'll adjourn to workshop. Enclosed is Chapter 10, the Housing Code, the last piece of the code you need at present for your ongoing review. You've expressed some curiosity about this chapter, so enjoy! There are definitions that will • also be helpful as we continue working on Chapter 9. I also found a table of contents for Chapter 9. I'm not sure you already have it; if not, it may be useful to add to your binder. November Workshop Discussion Notes: I apologize for not including discussion notes from your last workshop in November. When I went to review my notes, I found that I had taken almost none, and that portion of the meeting was not on video. My recollection is that it was quite brief on account of the impending Thanksgiving holiday. I did note the following: ^ The Commissioners had some general discussion of the economics of zoning compromises -the trade-offs between housing size value versus location/neighborhood character value. Where is the balance between adding value by increasing house size and diminishing value by reducing green space and compromising neighborhood character? ^ Can data about variances and permits, both in Falcon Heights and in other cities, help to shed some light on this issue? Home sale prices in Falcon Heights would seem to indicate that value remains high at present. (Due to other City business, I haven't had time to do any research on this.) We'll take this up again Tuesday evening. If time permits, I would especially like you to look at the sign code (9-13). We've had a lot of "activity" around this section lately, and it needs some work. Rather than saying anything more in advance, I would like to let you form your own impressions! And, as always, if you are unable to attend the meeting, please notify Staff. Thank you! • City of Falcon Heights Planning Commission Minutes • October 28, 2003 Chair Tom Lageson called the meeting to order at 7:05 p.m. PRESENT: Commissioners Tracy, Lageson, Lukermann, Maher, Heideman, DeLeo, Ziebarth. Member Lindstrom. Also present was Staff Liaison Deb Jones. ABSENT: Commissioners De Leo, Harris, Ryan, Council Member Lindstrom The minutes of the October 28, 2003, meeting were approved. INFORMATION AND ANNOUNCEMENTS Staff liaison Deb Jones reported to the Commission on the parking situation on Garden Avenue, as requested by the Commission in May. The number of non-resident cars on the street has not increased this fall and, according to Staff observations, seems to have gone down a little. Twin City Co-op is now offering reasonably priced parking in its north lot, which seems to have taken some of the pressure off. The Mayor's letter (placed on windshields) and the winding up of construction projects on campus may also have had an effect. Parking restrictions on the curves are still under consideration. The Commission did not take any further action on the matter but thanked the Staff for following up. Commissioner Lukermann pointed out that non-residents would probably not be aware of Falcon Heights snow parking regulations and asked if they are getting tagged. Jones replied, yes, all cars • parked illegally during the snow emergency are getting tagged. Ms. Jones reported to the Commission that the City Council reviewed the Farmer's Market's interim use permit at their last meeting. The season went very smoothly. The only complaint turned out not to be related to the Market; all the rest of the feedback received from the community was positive. Commissioner Lukermann asked if the Farmers Market had benefited from the location change. Jones said she would attempt to find out. There is a public hearing before the City Council tomorrow night on the vacation of portions of the frontage road on the east side of Snelling. There will be permanent access easements across the Dino's/Falcon Crossing portions being vacated. ADJOURNMENT The meeting was adjourned at 7:24 p.m. to a brief workshop on the zoning code. Respectfullyvsubmitted, ~~" ~'~4 Deborah Jones, Staff Liaison • City of Falcon Heights -Planning Commission Meeting of November 25, 2003 -Page 1 of 1 CITY OF FALCON HEIGHTS • TABLE OF CONTENTS CHAPTERS 9 & 10 PLANNING AND DEVELOPMENT Page Nos. Part 1 Purpose, Interim Rules and Definitions 9-1.01 Purposes and Intent 1-2 9-1.02 Rules and Definitions 2.27 Part 2 General Provisions 9-2.01 Application and Interpretation 28 9-2.02 Non-Conforming Uses, Bldgs., Structures 28-33 9-2.03 Lot Provisions 5 9-2.04 Accessory Bldgs. and Structures 5-9 9-2.05 Required Yards and Open Spaces 9-10 9-2.06 Fences 10-11 9-2.07 Height Limitations 11 9-2.07 Telecommunication Towers and Antennas 11-21 9-2.08 Essential Services 21 • 9-2.09 9 2 10 Annexed Territory d 21 - . Lan Reclamation 22 9-2.11 Mining 22 9-2.12 Conformance with Regulations 22 9-2.13 Firewood Storage 22 9-2.14 Land Development Charges 22.23 9-2.15 Uniform Building Code 23-29 Part 3 Zoning Districts and Map 9-3.01 Districts 25 9-3.02 Zoning District Map 25-26 Part 4 One Family Residential District 27_29 Part 5 "R-2" One and Two Family Residential Districts 1 Part 6 "R-3" Low Density Multiple Family Residential District-Townhouses 2-4 Part 7 "R-4" Medium Density Multiple Family Residential District-Apartment Bldgs. 5_g • Part 8 "B-1" Neighborhood Convenience Business District 1-4 Part 9 "B-2" Limited Business District 1-3 Part 10 "B-3 Snelling & Larpenteur Communi Business District tY 1-6 Part 11 Special Purpose Districts 9-11.01 Public Land 1 9-11.02 Manufactured Homes 2 Part 12 Eliminated Part 13 Special Provisions 9-13.01 Signs: General 1-3 9-13.02 Permitted Signs in each Zoning District 4-5 9-13.03 Signs as Traffic Hazards 6-10 9-13.04 Off-Street Parking and Loading 10-19 9-13.05 Off-Street Loading and Unloading Areas 19-21 9-13.06 Automobile Service Stations (Motor Fuel Stations and Drive-In Establishments) 22 9-13.07 Private Automobile Repair and Reconditioning 22 Part 14 Design and Performance Standards 9-14.01 Minimum Standards " 1 • The Principal Building 1 " Exterior Storage 1-2 " Environmental Pollution 2 " Screening 2-3 " Landscaping 3-4 " Reasonable Maintenance & Repairs Required 4 " Lighting, Lighting Fixtures & Glare 4 " Traffic Control 4-5 " Storage of Hazardous Materials & Explosives 5 " Fallout Shelters 5 " Guest Houses 5-6 " Dwelling Units in Commercial Industrial Districts 6 " Coin Operated Machines 6 " Swimming Pools 6-10 " Service Stations 10-11 " Drainage 1 ~ " Access Drives & Access 11-12 " Driveway Design & Construction Standards 12-13 " Tennis Courts 14 " Vegetation Cutting 14-15 " Building Permits & Visual Standards 15 • Quasi-Public Structures 15 ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ Part 15 Adminis 9-15.01 9-15.02 9-15.03 9-15.04 9-15.05 9-15.06 9-15.07 • Part 16 Plannec 9-16.01 9-16.02 9-16.03 9-16.04 9-16.05 9-16.06 9-16.07 9-16.08 9-16.09 9-16.10 Relocated Structures Home Occupations Dwelling Units Prohibited Solar tration and Enforcement Enforcing Officer Appeals Variances Conditional Use Permits Amendments Fees Enforcement, Violations, Penalties l Unit Development (PUD) Purpose Required Use General Requirements & Standards Permitted Uses & Standards Procedure for Processing a PUD Coordination with Subdivision Approval Development Contract Zoning Control of PUD Following Completion Amendment of Plan Part 17 Subdivisions and Platting 9-17.01 Defmitions 9-17.02 Procedures 9-17.03 Procedure for Dividing Existing Lots 9-17.04 Design Standards 9-17.05 Plats and Data 9-17.06 Plans and Data for Pre-Survey 9-17.07 Variances 9-17.08 Fees and Costs CHAPTER 10 HOUSING CODE 15-16 16-18 18 18 1-21 2-3 3-5 5-11 11 13 13-14 1 1 1 1 2 3 3-4 4 4 1 1-4 4-6 7-10 10-13 13 14 14 1-12 • CHAPTER 10 • HOUSING CODE PART 1 Purpose, Intent, and Definitions. 10-1.01 Purpose and Intent Subdivision 1. The purpose and intent of this Chapter is to: a. Protect, preserve and promote the physical and mental health of the people; b. Investigate and control communicable diseases; c. Regulate privately and publicly owned dwellings for the purpose of sanitation and public health; and d. Protect the safety of the people and promote the general welfare by legislation which shall be applicable to all dwellings now in existence or constructed in the future which: . (1) Establishes minimum standards for basic equipment and facilities for light, ventilation, and heating, for safety from fire, for the use and location, and amount of space for human occupancy, and for safe and sanitary maintenance; (2) Determines the responsibilities of owners, operators, and occupants of dwellings; and (3) Provides for the administration and enforcement of this Chapter. 10-1.02 Definitions. Subdivision 1. Definitions a. Approved. Constructed, installed, and maintained in accordance with this chapter or other pertinent division of this Code. b. Basement. A floor level of a building which is located partly or completely underground. c. Cellar. That portion of a dwelling between floor and ceiling which . is below or partly below grade, the floor of which is more than four feet below the average grade of the adjoining ground. 174 d. Compliance Official. The Building Inspector and his designated agents authorized to administer and enforce this chapter. e. Dwelling. A building, or portion thereof, designed or use predominantly for residential occupancy of a continued nature, including one-family dwellings, two-family dwellings, and multiple-family dwellings, but not including hotels or motels. f. Dwelling Unit. A single residential accommodation which is arranged, designed, used or, if vacant, intended for living, sleeping, cooking, and eating. Where a private garage is structurally attached, it shall be considered as part of the building in which the dwelling unit is located. g. Extermination. The control and elimination of insects, rodents, vermin, other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; or by poisoning, spraying, fumigating, trapping, or similar means. h. Flush Water Closet. A toilet bowl flushed with water under pressure with awater-sealed trap above the first level. • i. Garbage. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food. j. Habitable Room. A room designed to be used for living, sleeping, eating, or cooking, excluding bathrooms, toilet compartments, closets, halls, and storage areas, and workshops, hobby, and recreation areas accessory to a dwelling unit. k. Kitchen. A space which contains a sink with counter space, adequate space for installing cooking and refrigeration equipment, and adequate space for the storage of cooking utensils. Multiple Family Dwelling. A dwelling or portion thereof containing three or more dwelling units. m. Occupant. Any person over two years of age including owner or operator living, sleeping, cooking, and eating in a dwelling unit. n. Operator. The owner or his agent who has charge, care, control, or management of a building, or part thereof, in which dwelling units are let. • o. Owner. Any person, firm, or corporation who alone, jointly, or severally with others shall be in actual possession of, or have 175 charge, care or control of, any dwelling or dwelling unit as owner, employee or agent 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 chapter to the same extent as the owner. p. Person. An individual, firm, partnership, association, corporation, or joint venture or organization of any kind. q. Plumbing. All of the following supplied facilities and equipment in a dwelling: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar features and the installation thereof, together with all connections to water, sewer, and gas lines. r. Premises. A platted lot or part thereof or unplatted parcel of land, either occupied or unoccupied by any dwelling or nondwelling structure, including such building, accessory structure, or other structure thereon. . s. Public Hall. A hall, corridor, or passageway for providing egress from a dwelling unit to a public way and not within the exclusive control of one dwelling unit. t. Refuse. All putrescible and nonputrescible waste solids including garbage and rubbish. u. Repair. To restore to a sound and acceptable state of operation, serviceability, or appearance. v. Rubbish. Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, grass and shrubbery clippings, wood, glass, brick, plaster, bedding, crockery, and similar materials. w. Safety. The condition of being reasonably free from danger and hazards which may cause accidents or disease. x. Supplied. Paid for, furnished by, provided by or under the control of the owner, operator, or agent of a dwelling. • PART 2 MINIMUM HOUSING STANDARDS 10-2.01 Minimum Standards for Basic Equipment and Facilities 176 • Subdivision 1. No person shall occupy or let to another for occupancy any dwelling unit which does not comply with the following requirements: a. Kitchen Sink. Every dwelling unit shall contain a kitchen sink in good working condition and property connected to an approved water and sewer system. b. Kitchen Refrigerator. Every dwelling unit shall contain a working refrigerator which provides for the safe storage of food at temperatures less than 50 degrees but more than thirty-two (32) degrees Fahrenheit under outside temperature conditions of 100 degrees Fahrenheit. c. Kitchen Stove. Every dwelling unit shall contain a stove for the safe cooking of food which is in good working condition and properly connected to an approved electrical or gas service. d. Privacy Room. Every dwelling unit shall contain a room which affords privacy to a person within said room and which is equipped with a flush water closet in good working condition and property connected to an approved water and sewer system. e. Lavatory Basin. Every dwelling unit shall contain a lavatory basin in good working condition, property connected to an approved water and sewer system, and located in the same room as the required flush water closet, or as near to that room as practicable. f. Bathtub. Every dwelling unit shall contain, within a room which affords privacy to a person within said room, a bathtub or shower in good working condition and property connected to an approved water and sewer system. g. Hot and Cold Water Lines. Every kitchen, sink, lavatory basin, and bathtub or shower under the provisions of this subsection shall be connected with both hot and cold water lines in a manner meeting the requirements of the applicable sections of this code. h. Refuse Disposal. Every dwelling unit shall have adequate refuse disposal facilities or storage containers whose type and location meet the requirements of this code. i. Water Heating Facilities. Every dwelling shall have water heating facilities which are installed in an approved manner, are maintained and operated in safe and good working condition, are • properly connected with water lines, and are capable of heating water to such as temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, 177 bathtub or shower at a temperature of no less than 120 degrees • Fahrenheit. j. Egress. Every dwelling unit in a one or two story dwelling shall have at least one (1) approved means of egress leading to a safe and open space at ground level. Every dwelling unit in a multiple dwelling shall have immediate access to two (2) or more approved means of egress leading to a safe and open space at ground level. k. Door Locks. The doors of every dwelling unit shall be equipped with safe, functioning lock devices, including at least one (1) dead bolt locking device that cannot be retracted by end pressure, provided, however, that such door shall be operable from the inside without the use of key or any special knowledge or training. 10-2.02 Minimum Standards for Light, Ventilation, and Heating Subdivision 1. No person shall occupy or let to another for occupancy any dwelling unit which does not comply with the following requirements: a. Window or Skylight. Every habitable room in a dwelling unit shall have at least one window or skylight facing directly to the outside. At least one-half of each window or skylight shall be easily opened unless some other comparable method of ventilating the room is provided. Windows and skylights are not required in non-habitable rooms such as bathrooms, water closet compartments, and laundry rooms if said rooms are equipped with a ventilation system approved by the Building Official. b. Heating Facilities. Every dwelling and dwelling unit shall have heating facilities which are installed in an approved manner, are maintained in safe and good working condition, and are capable of safely and adequately heating all habitable rooms, bathrooms, and water closet compartments located in the dwelling unit to a temperature of at least 68 degrees Fahrenheit at a distance three feet above floor level, when the temperature outside is minus 20 degrees Fahrenheit. Such heating equipment shall be operated to maintain a temperature in all habitable rooms of not less than 68 degrees Fahrenheit. c. Lighting in Public Hallways and Stairways. Every public hall or stairway in or leading into every multiple dwelling shall have a minimum of 10 foot-candles of illumination, measurable with a standard light meter at floor level in halls and at tread levels on stairways, at all times when the structure is occupied. 178 d. Electricity. Every dwelling unit shall be supplied with electricity and shall meet the following requirements: 1. Every habitable room shall contain one electrical convenience outlet for each 20 lineal feet, or major fraction thereof, measured horizontally around the room at the baseboard line, provided that in each room one ceiling-type electric light fixture may be substituted for one of the required electrical convenience outlets. 2. Every water closet compartment, bathroom, laundry room, furnace room, and public hall shall contain at least one ceiling or wall-type electric light fixture. 3. Every outlet and fixture shall be installed in an approved manner and maintained in good and safe working condition. 10-2.03 General Requirements for Maintenance of Dwellings and Dwelling Units. Subdivision 1. No person shall occupy or let to another for occupancy any dwelling unit which does not comply with the following requirements: a. Exterior Wall, Foundation, and Roof. Every foundation, exterior • wall, and roof shall be substantially weathertight, watertight, and rodent proof. The following conditions shall be promptly repaired or replaced: 1. Deteriorated, crumbling, or loose plaster. 2. Deteriorated, or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors. 3. Defective, or lack of, weather protection including lack of paint, or weathering due to lack of paint or other protective covering. If more than 25% of the exterior surface of a wood structure is unpainted or unprotected or as determined by the Building Official to be paint blistered and in need of protection, it shall be painted or protected. 4. Broken, rotted, split, or buckled exterior walls or roof coverings. b. Interior Walls, Ceilings, and Floors. Every floor, interior wall, and ceiling shall be kept in sound condition and good repair. c. Windows, Exterior Doors, and Basement Hatchways. Every window, exterior door, and basement hatchway shall be • reasonably watertight, weathertight, and rodent proof and shall be kept in sound working condition and good repair. 179 d. Stairways. Every inside and outside stairway shall be maintained in safe and sound condition and good repair. e. Plumbing. Every plumbing fixture and water and waste pipe shall be installed in compliance with this chapter and shall be maintained in working condition, free from defects, leaks, and obstructions. f. Floor Material. Every water closet compartment floor surface and bathroom floor surface shall be constructed and maintained so as to be reasonable impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition. g. Equipment, Facilities, and Utilities. Every facility, piece of equipment, or utility which is required under this chapter shall be so constructed and installed that it will function safely and effectively, and shall be maintained in satisfactory working condition. • h. Continuity of Facilities, Utilities, and Eauipment. No owner, operator, or occupant shall cause any service, facility, equipment or utility which is required under this chapter to be removed from, shut off, or discontinued in any occupied dwelling or dwelling unit, except for such temporary interruption as may be necessary while actual repairs or alterations are in process, or during temporary emergencies. 10-2.04 Minimum Space, Use, and Location Requirements. Subdivision 1. Space Requirements. No person shall occupy or let to another for occupancy any dwelling or dwelling unit which does not comply with the following requirements: a. It shall contain at least 150 square feet of floor area for the first occupant and at least 100 additional square feet of floor space for every additional occupant, with floor space calculated on the basis of total habitable room area. C b. At least one-half of the floor area of every habitable room shall have a ceiling height of at least seven feet, and the floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum possible occupance of the dwelling unit. Subdivision 2. Basement Requirements. No basement space shall be let 180 as a habitable room and no basement space shall be used as a dwelling unit unless: a. The floor and walls are impervious to leakage of underground and surface water runoff and are free from dampness; b. The total amount of light furnished in each room is equal to at least the minimum amount of light as required in Section 10-2.02 subd. 1 (a). c. The facilities for ventilation in each room are equal to at least the minimum required under Section 10-2.02 subd. 1 (al and subd. 1 (b-. Subdivision 3. Cellar Space. No cellar space shall be used as a habitable room or as a dwelling unit. PART 3 RESPONSIBILITIES OF OWNERS AND OCCUPANTS 10-3.01 Responsibilities of Owners and Occupants Subdivision 1. Responsibilities for Maintenance a. Shared or Public Areas. Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining in • a clean and sanitary condition the shared or public areas of the dwelling and premises. b. Occupant Responsibility. Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit, and premises which the occupant occupies and controls. c. Occupant Waste Control. Every occupant of a dwelling or dwelling unit shall dispose of all refuse of such occupant and other organic waste which might provide food for insects and rodents, in a clean and sanitary manner, by placing it in the refuse disposal facilities or containers required by Section 10-2.01 subd. 1 (h). d. Occupant Plumbing Responsibility. Every occupant of a dwelling unit shall keep all plumbing in the dwelling unit in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation of all plumbing. e. Extermination Control. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents, or other pests in the dwelling unit or on the premises. Every occupant in a dwelling containing more than one dwelling unit shall be responsible for such extermination 181 whenever such occupant's dwelling unit is the unit primarily infested. Notwithstanding the foregoing provisions, whenever infestation is caused by a failure of the owner or operator to maintain a dwelling in a rodent proof or reasonably insect proof condition, extermination shall be the responsibility of the owner and operator. Whenever infestation exists in two or more of the dwelling units in any dwelling, or in the share of public parts of any dwelling containing two or more dwelling units, extermination of the infested areas shall be responsibility of the owner. PART 4 ADMINISTRATION AND ENFORCEMENT 10-4.01 Enforcement of Housing Code. Subdivision 1. Inspections Authorized. a. Compliance officials shall enforce the provisions of this code and are hereby authorized to make inspections when reason exists to believe that violation of this chapter has been or is being committed. For the purpose of make such inspections, the compliance official is authorized to enter, examine, and survey all • dwellings, dwelling units, and premises upon which the same are located, at all reasonable times. The owner, operator, and occupant of every dwelling and dwelling unit shall give the compliance official free access to such dwelling or dwelling unit and its premises for the purpose of such inspection, examination, and survey. Every occupant of a dwelling shall give the owner of it, or the owner's agent or employee, access to any part of the dwelling or its premises, at all reasonable times, for the purpose of make the repairs or alterations as are necessary to comply with the provisions of this code. Subdivision 2. Enforcement of Housing Code. a. Notice of Violation. Whenever the compliance official determines that there has been a violation of any provision of this code, he shall give notice of such alleged violation to the person or persons who are or may be responsible for it as enumerated in Section 10-4.01 subd. 2 la) (4). The notice shall: (1) Be in writing; • (2) Specify the violation(s) alleged to exist or to have been committed and the repairs or improvements necessary to bring the dwelling or dwelling unit into 182 compliance with the provisions of this code; (31 Provide a reasonable time, but not less than 10 days in any event, for the correction of the violation(s) specified; (4) Be addressed to and served upon the owner of the property, the operator of the dwelling, and the occupant of the dwelling unit, if the occupant is or may be responsible for the violation. (5) Inform persons concerned of their rights of appeal under this chapter. Notice shall be served on the owner, operator, agent, or occupant of the dwelling either personally or by certified mail, addressed to the last known place of residence of the owner, occupant, operator, or agent. If upon attempt to locate owner, occupant, operator, or agent none can be found, notice may be posted on or near the dwelling or dwelling unit or premises described in the notice. b. Imminent Hazard; Temporary Condemnation. Whenever the compliance official finds any dwelling or dwelling unit which does not conform to the standards established by this chapter, and • further finds (i) that by reason of such nonconformity it presents an imminent and serious hazard to public health, or to the health of the occupants in it, and (ii) that the repairs or improvements required to remove such hazard does not appear reasonably possible within a time which will be adequate to eliminate such imminent hazard, then the written notice of violation provided for in Section 10-4.01 subd. 1 (a) of this section shall also state that the premises are unfit for human habitation and shall order that the dwelling or dwelling unit be vacated either immediately or after such period of time as the compliance official shall find reasonable in view of the circumstances, pending the completion of action to eliminate such hazard. In such case the notice shall be served by delivering a copy to the person in real or apparent charge and control of the dwelling unit and by posting the same at a conspicuous place upon the structure. In the case of a hazard which affects more than one unit in a multiple dwelling residence, service shall be made upon such an occupant of each unit, except that failure to make service upon one unit shall not affect the validity or effect of service of notice upon an occupant of other units. Such notice shall state that persons aggrieved may appeal such notice. c. Failure to Correct Deficiencies. Whenever notice has been given • in accordance with Section 10-4.01 subd. 1 (a) of this subsection and the person(s) responsible have failed to correct the deficiencies specified within the time allowed, the compliance 183 official may either: 11) Extend the time for correction of the deficiencies; or (2) Serve upon the owner and occupant a written notice requiring that the dwelling or dwelling unit be vacated because it is unfit for human habitation. The notice requiring vacation shall (i) state the violation(s) which remain uncorrected, and (ii) provide a reasonable time, but not less than ten days within which to vacate the premises. The written extension of time or notice to vacate may be served personally or by registered mail, return receipt requested, delivered to the addressee only. If upon attempt to locate owner and occupant none can be found, notice requiring vacation of the premises may be posted on or near the dwelling, dwelling unit, or premises described in the notice. d. Secure Unfit and Vacated Dwellings. The owner, operator, or agent of a dwelling or dwelling unit which has been declared unfit for human habitation or which is otherwise vacant for a period of thirty (30) 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 . or dwelling unit open at doors or windows if unguarded, shall be deemed to be a hazard to health, safety or welfare of the public and a public nuisance within the meaning of this chapter. e. Appeal. Any person aggrieved by a notice issued under this chapter may within ten days after service of same appeal to the City Council by filing a written notice of appeal with the City Clerk. In the case of an appeal from a notice to vacate pending elimination of imminent hazards issued under Section 10-4.01 subd. 1 (b), the appeal shall be heard as soon as possible after the time of filing. In the case of appeals from other notices, the appeal shall be heard at the time of the next scheduled city council meeting. The taking of an appeal, other than one to vacate pending the elimination of imminent hazards shall, during the pendency of such appeal, restrain the City from proceeding in any manner to enforce such notice. f. Decision of the Council. All appeals under this chapter shall be heard by the city council, who may affirm in whole or in part or deny the existence of a violation of this chapter. If a violation is found to exist, the council may confirm or modify the corrective action to be taken or the order requiring vacation of the premises • and the time allowed for it. g. Correction of Violation by City; Assessment of Cost. In all cases 184 of violation of this Section to which M.S. 145A.03 through 145A.09 are applicable, the compliance official may proceed as provided in M.S. 145A.03 through 145A.09 to abate or remove the violation and to have the cost of it specially assessed against the lot or parcel where the violation was located. In suitable cases, said statutory remedies and procedure may be used either concurrently with, or separate from, the procedures prescribed in this chapter. 185