08-13-08 Council Workshop Minutes

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MINUTES CITY COUNCIL AUGUST 13, 2008 The Administrator felt that was a reasonable approach and gave the complexes a period of time to obtain certification. McGraw asked where rented condo units would fit into the ordinance. The Administrator suggested that they would be considered single-family. With regard to adoption of a property maintenance code, the City Attorney noted that the City of Morris had problems in that it adopted a housing maintenance code that had different inspection standards fi•om the requirements of the State Building Code. The court ruled that State Building Code supersedes all municipal codes, and cities cannot enforce building code provisions that are stricter than the State Building Code. Keis asked about enforcement of property maintenance matters such as trash in a yard. The City Attorney noted that in this instance the City's enforcement powers would come from the nuisance code. The City Attorney felt that adoption of the International Property Maintenance Code should not be a problem for the City as it was drafted by the same organization that drafted the State Building Code. The City Administrator reported that the League of Minnesota Cities will be working with the Legislature on the issue of property maintenance codes. However, adoption of the International Property Maintenance Code at this time will give the City a tool to utilize to address these types of issues. Blesener stated that he agreed with adoption of a property maintenance code as long as the City was not too tough on enforcement. The City Administrator indicated that a housing maintenance code will give the City some additional leverage in enforcement actions. Peilen expressed concern with some of the offenses listed in the "Three Strikes and You're Out" section of the licensing ordinance. She noted that it can get a little tricky when a landlord is held responsible for the actions of tenants or guests, and evictions are not always aslam-dunk. Peilen pointed out the offenses listed include DUI as well as embezzlement. If these offenses are committed off-premises, it would not be possible to hold the landlord responsible. The City Attorney agreed that the list of offenses will need to be trimmed. He suggested that the Statute be reviewed relative to tenant leases as a reference for the types of offenses that can be used in the licensing ordinance. With regard to the property maintenance code, the City Administrator again stated that adoption of the 2003 International Property Maintenance Code is the safest option for the City.