HomeMy WebLinkAbout2007-008 Council Ordinances1st Reading: 7/23/2007
Published: 8/21/2007
2ntl Reading: 8/13/2007
Effective: 9/20/2007
To County Recorder
Council Member
ordinance:
i ✓1 e r1 -
moved for adoption of the following
CITY OF LINO LAKES
ORDINANCE NO. 08-07
AMENDING THE CITY CODE BY ADDING A NEW CHAPTER 1009 RELATED
TO HOUSING MAINTENANCE CODE
The City Council of The City of Lino Lakes do ordain as follows:
Section 1. That the Lino Lakes Code of Ordinances be amended by adding
thereto a new Chapter 1009 to read as follows:
CHAPTER 1009. HOUSING MAINTENANCE CODE
General Conditions
1009.01 Scope of Chapter.
Every portion of a building or premises used or intended to be used for
residential purposes shall comply with the provisions of this Chapter irrespective of
when the building was constructed, altered, or repaired. Any alterations or changes of
use which may be caused directly or indirectly by the enforcement of this Code shall be
done in accordance with applicable sections of the Building Code and Zoning Code.
Rest homes, convalescent homes, nursing homes, hotels, and motels shall be
exempted from compliance with this Chapter.
1009.02 Assurance of Rental Housing.
It is the purpose of this Chapter to assure that rental housing in the City is
decent, safe and sanitary and is so operated and maintained as not to become a
nuisance to the neighborhood or to become an influence that fosters blight and
deterioration or creates a disincentive to reinvestment in the community. The operation
of rental residential properties is a business enterprise that entails certain
responsibilities. Operators are responsible to take such reasonable steps as are
necessary to assure that the citizens who occupy the units may pursue the quiet
enjoyment of the normal activities of life in surroundings that are: safe, secure and
sanitary; free from crimes and criminal activity, noise, nuisances or annoyances; free
from unreasonable fears about safety of persons and security of property; and suitable
for raising children.
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1009.03 Pre -Existing Dwellings and Multiple Dwellings.
This Chapter establishes minimum standards for the initial and continued
occupancy of all buildings and does not replace or modify standards otherwise
established for the construction, repair, alteration, or use of building equipment or
facilities.
1009.04 Definitions.
Terms not defined in this Section shall be as defined in the Building Code or
Zoning Code. Further, terms not defined in this Section nor in the Building Code or
Zoning Code shall have the ordinary and accepted meanings as the context shall
require. The definitions in this Section shall apply when these words and phrases are
used in this Chapter.
Approved. As applied to a material, device, or method of construction as
approved by the Enforcement Officer under the provisions of this Chapter or approved
by another authority designated by law to give approval in the matter in question.
Basement. That portion of a building that is partly or completely below grade.
Building Code. The State Building Code in its entirety as adopted by the city,
including any future amendments.
Dwelling. Any building that contains dwelling units used, intended, or designed
to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for
living purposes.
Dwelling Unit. A single unit providing complete independent living facilities for
one or more persons, including permanent provisions for living, sleeping, eating,
cooking and sanitation.
Enforcement Officer. A representative of the City responsible for the
enforcement of the provisions of this Chapter.
Exterior Property Areas. Open space on the premises under the control of the
owners or operators of the premises.
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Extermination. The control and elimination of insects, rodents, or other pests by:
(1) Eliminating their harborage places.
(2) Removing or making inaccessible materials that may serve as their feed.
(3) Poison spraying, fumigating, trapping, or another recognized and legal pest
elimination method.
Family. A group of one or more persons occupying a premises and living as a
single housekeeping unit as distinguished from a group occupying a boardinghouse,
lodging house, hotel, or motel.
Grade. The surface of the ground or surface ground after completion of any
change in contour.
Gross Floor Area. The sum of the horizontal areas of the several floors of all
buildings on a lot as measured from the exterior faces of exterior walls or from the
center line of walls separating two buildings.
Habitable Room. A room occupied by one or more persons used or intended for
living, cooking, eating, or sleeping purposes. This definition does not include bathrooms,
closets, water closet compartments, laundries, serving and storage pantries, corridors,
cellars, and spaces that are not used frequently or during extended periods.
Infestation. The presence of insects, rodents, vermin, or other pests within or
contiguous to a multiple dwelling, dwelling unit, rooming house, rooming unit, or
premises.
Multiple Dwelling. A building or portion thereof containing two or more dwelling
units.
Occupant. Any person over one year of age living and sleeping in a dwelling unit
or having actual possession of the dwelling or rooming unit.
Openable Area. That part of a window or door which is available for
unobstructed ventilation and which opens directly to the outdoors.
Operator. Any person who has charge, care, or control of a multiple residence or
rooming house in which dwelling units or rooming units are let or offered for occupancy.
Owner.
(1) Owner or owners of the freehold of the premises or lessor estate therein;
(2) A mortgagor or vendee in possession, assignee of rents, receiver, executor,
trustee, lessee; or
(3) Other person in control of a building, including their managers and agents.
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Plumbing or Plumbing Fixtures. Water heating facilities, water pipes, gas
pipes, garbage disposal units, water closets, waste pipes, sinks, installed dishwashers,
lavatories, bathtubs, shower baths, installed clothes washing machine, or other similar
equipment, catch basins, drains, vents, or other similarly supplied fixtures, together with
all connections to water, gas, sewer, or vent lines.
Premises. A lot, plot, or parcel of land including the building or structures
thereon.
Residence Building. A building in which sleeping accommodations or sleeping
accommodations and cooking facilities as a unit are provided.
Rooming House. A residence building or any part thereof containing one or
more rooming units in which space is let by the owner or operator to persons who are
not the husband, wife, son, daughter, mother, father, sister, or brother of the owner or
operator.
Rooming Unit. Any room or group of rooms forming a single habitable unit which
is used or intended to be used for living and sleeping but not for cooking or eating
purposes.
Supplied. Installed, furnished, or provided by the owner or operator.
Workmanlike state of maintenance and repair. Maintenance and repair shall
be made in a reasonably skillful manner.
Yard. All ground, lawn, court, walk, driveway or other open space constituting
part of the same premises as a residence building.
Ventilation. The process of supplying and removing air by natural or mechanical
means to or from any space.
Zoning Code. Zoning ordinances as adopted by the city including any future
amendments.
1009.05. Enforcement Officer.
City personnel or their designees shall be responsible for enforcement of the
provisions of this Chapter. Authorized representatives include but are not limited to the
Building Official, Fire Chief or designee and Police Chief or designee.
1009.06. Inspection of Dwellings.
(1) The Enforcement Officer shall be authorized to make inspections to
determine the condition of dwellings, multiple dwellings, dwelling units, rooming houses,
rooming units, and premises in order to safeguard the health, safety, morals, and
welfare of the public.
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(2) The Enforcement Officer, or the Officer's designated representative, shall be
authorized to enter any dwelling, dwelling unit, multiple dwelling, rooming house, or
premises at any reasonable time to perform the duties prescribed under this Chapter.
The owner, operator, or occupant shall give the Enforcement Officer free access to the
entire area for the purpose of completing an inspection, examination, or survey. The
license shall be revoked if the Enforcement Officer is not permitted access.
(3) A search warrant may be obtained when the occupant refuses to consent to
the inspection where:
(a) There is probable cause to believe a violation exists within the
particular structure; or
(b) A determination has been made to conduct periodic inspections of
certain areas of the City.
(4) No warrant is needed for entry where an emergency condition exists which
endangers persons or property and insufficient time is available to obtain a warrant and
protect endangered persons or property.
(5) Entry under this Section is subject to Minnesota Statutes, Section 5046.211.
1009.07. Annual Inspections of Multiple Dwellings.
The Enforcement Officer shall inspect the premises of all multiple dwelling
buildings at least once a year to insure compliance with this Chapter.
1009.08. Access by Owner of Multiple Dwellings.
Every occupant of a dwelling unit or rooming unit shall give the owner or operator
access to any part of the dwelling unit, rooming unit, or its premises at reasonable times
for inspections, maintenance, and making such repairs or alterations as may be
necessary to comply with the provisions of this Chapter.
1009.09. Notice of Violation.
(1) Written Notice. When any violation of this Chapter shall come to the attention
of the Enforcement Officer, written notice shall be provided to the licensee or if no
license has been issued, notice shall be provided to the owner, operator, or occupant of
the premises. Notice shall be by United States mail at the last known address of such
person and notice shall also be posted in at least one conspicuous place upon the
premises where the violation exists.
(2) Time to Correct. The notice shall give the alleged violator a specified number
of days, not exceeding thirty days, to correct the violation. The Enforcement Officer shall
have the authority to extend the time to correct the violation upon good cause being
shown.
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(3) Prosecution. Prosecution for any violation of this Chapter shall not be
commenced unless the notice as provided in this Section has been provided and the
cited violation has not been remedied within the time specified. Failure to receive the
notice shall not be a defense in any prosecution.
(4) Re -inspection Fee. A fee shall be charged for all re -inspections required
because of a violation that is not corrected by the time specified in the written notice.
The fee shall be established in the annually adopted city fee schedule.
Minimum Standards
1009.20. Exterior Property Areas.
(1) Compliance. No person shall occupy as owner -occupant or let to another for
occupancy any dwelling unit, multiple dwelling, rooming house, rooming unit, or portion
thereof for the purpose of living, sleeping, cooking, or eating therein which does not
comply with the provisions of this Division.
(2) Sanitation. All exterior property areas shall be maintained in a clean and
sanitary condition free from any accumulation of rubbish or garbage.
(3) Grading and Drainage. All premises shall be graded and maintained to
prevent the accumulation of stagnant water on the premises or within any building or
structure located thereon.
(4) Noxious Weeds. All exterior property areas shall be kept free from species
of weeds or plant growth that are noxious or detrimental to the public health.
(5) Insect and Rodent Harborage.
(a) Every owner and occupant of a structure containing two or more
dwelling units shall be responsible for the extermination of insects, rodents,
vermin, or other pests in all exterior areas of the premises. The owner shall be
responsible for extermination when infestation exists in the shared or public parts
of the premises.
(b) In the case of a single family structure, the occupant shall be
responsible for the extermination of insects, rodents, and vermin in all exterior
property areas.
(6) Accessory Structures. All accessory structures including detached garages
shall be maintained, structurally sound, and in good repair.
(7) Unoccupied Structure. The owner of every unoccupied dwelling or multiple
dwelling shall be responsible for the maintenance of exterior property areas required
under this Division.
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1009.21 Exterior of Structures.
(1) Compliance. No person shall occupy as owner -occupant or let to another for
occupancy any dwelling unit, multiple dwelling, rooming house, rooming unit, or portion
thereof for the purpose of living, sleeping, cooking, or eating therein that does not
comply with the provisions of this Division.
(2) Foundations, Walls, and Roofs. Every foundation, exterior wall, roof, and all
other exterior surfaces shall be maintained in a workmanlike state of maintenance and
repair.
(a) The foundation elements shall adequately support the building at all
points.
(b) Every exterior wall shall be free of holes, breaks, loose or rotting
boards or timbers, falling or loose stucco or brick, and any other conditions that
might admit rain or dampness to the interior portions of the walls or to the exterior
spaces of the multiple dwelling.
(c) The roof shall be tight and have no defects that admit rain. Roof
drainage shall be adequate to prevent rain water from causing dampness in the
walls.
(3) Stairs, Porches, and Railings.
(a) Every outside stair, porch, and appurtenance attached thereto shall be
constructed so as to be safe for use and capable of supporting a load as
determined in the Building Code. These areas shall be kept in sound condition
and good repair.
(b) Every flight of stairs shall have hand rails that are located as provided
by the Building Code.
(c) Every porch which is more than thirty inches above grade shall have
rails so located and capable of restraining a horizontal pressure as determined
by the Building Code.
(d) Every rail and balustrade shall be firmly fastened and maintained in
good condition.
(4) Windows, Doors, and Hatchways. Every window, exterior door, and
basement hatchway shall be substantially tight and shall be kept in sound condition and
repair.
(a) Every window shall be fully supplied with window panes that are
without open cracks or holes.
(b) Every window sash shall be in good condition and fit reasonably tightly
within its frame.
(c) Every window, other than a fixed window, shall be capable of being
easily opened and shall be held in an open or closed position by window
hardware.
(d) Every exterior door, door hinge, and door latch shall be in good
condition.
(e) When closed, every exterior door shall fit reasonably well within its
frame.
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(f) Every window, door, and frame shall be constructed and maintained in
such relation to the adjacent wall construction as to completely exclude rain and
substantially exclude wind from entering the dwelling or multiple dwelling.
(g) Every basement hatchway shall be constructed and maintained so as
to prevent the entrance of rodents, rain, and surface drainage water into the
dwelling or multiple dwelling.
(h) Every door available as an exit shall be capable of being opened easily
and without the use of a key from the inside.
1009.22 Interior Structures.
(1) Compliance. No person shall occupy as owner -occupant or let to another for
occupancy any dwelling, multiple dwelling, rooming house, rooming unit, or portion
thereof for the purpose of living, sleeping, cooking, or eating therein which does not
comply with the provisions of this Division.
(2) Free from Dampness. All cellars, basements, and crawl spaces shall be
maintained reasonably free from dampness to prevent conditions conducive to decay or
deterioration of the structure.
(4) Structural Members. The supporting structural members shall be maintained
structurally sound and show no evidence of deterioration. The load bearing capability
shall be as required by the Building Code.
(5) Interior Stairs and Railings.
(a) All interior stairs shall be maintained in sound condition and good
repair by replacing treads and risers that evidence excessive wear or are broken,
warped, or loose. Every inside stair shall be so constructed and maintained as to
be safe to use and capable of supporting a load as determined by the Building
Code.
(b) Every stairwell and every flight of stairs shall have hand rails or railings
as required by the Building Code.
(c) Every hand rail or railing must be firmly fastened and must be
maintained in good condition. Properly balustraded railings capable of bearing
normally imposed loads as determined by the Building Code shall be placed in
the open portions of the stairs, balconies, landings, and stairwells.
(6) Bathroom Floors. Every toilet room floor surface and bathroom floor surface
shall be constructed and maintained to be impervious to water and to permit the floor to
be easily kept in a clean and sanitary condition.
(7) Sanitation. The interior shall be maintained in a clean and sanitary condition
and free from accumulation of rubbish or garbage.
(8) Insect and Rodent Harborage.
(a) Every owner of a structure containing two or more dwelling units shall
be responsible for the extermination of insects, rodents, vermin, or other pests
wherever infestation exists in two or more dwelling units or in the shared or public
parts of the structure.
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(b) The occupant of a dwelling unit in a dwelling or multiple dwelling shall
be responsible for extermination within that unit when it is the only one infested.
(c) Whenever infestation of rodents is caused or permitted by failure of the
owner to maintain the dwelling or multiple dwelling in a rodent proof condition,
extermination of the rodents shall be the responsibility of the owner.
(9) Interior Walls, Floors, Ceiling, and Woodwork. All interior walls, floors,
ceilings, and associated woodwork or trim must be maintained in a sound condition and
workmanlike repair.
1009.23. Basic Facilities.
(1) Compliance. No person shall occupy as owner -occupant or let to another for
occupancy any dwelling unit, multiple dwelling, rooming house, rooming unit, or portion
thereof for the purpose of living, sleeping, cooking, or eating that which does not comply
with the provisions of this Division.
(2) Water Closet. Every dwelling unit shall contain within its walls a room that
affords privacy and is equipped with a water closet and is separate from the habitable
rooms.
(3) Lavatory. Every dwelling unit shall contain a lavatory that, when a water
closet is required, shall be in the same room with the water closet.
(4) Bathtub or Shower. Every dwelling unit shall contain a room that affords
privacy to a person in the room and that is equipped with a bathtub or shower.
(5) Kitchen Sink. Every dwelling unit shall contain a kitchen sink apart from the
lavatory requirement in Section 1009.23, subd 3.
(6) Connection to Water and Sewer System. Every required kitchen sink,
lavatory basin, bathtub, shower, and water closet shall be properly connected to either a
public water and sewer system or to an approved private water and sewer system and
shall be supplied with hot and cold running water.
(7) Water Heating Facilities. Every dwelling or unit shall be supplied with water
heating facilities which shall be:
(a) Installed in an approved manner, properly maintained, and properly
connected with hot water lines.
(b) Capable of heating and delivering water to such a temperature as to
permit an adequate amount of water to be drawn at every required kitchen sink,
lavatory basin, bathtub, shower, and laundry facilities or other similar units at a
temperature of not less than 130 degrees Fahrenheit (54 degrees Celsius) at any
time needed.
(8) Heating Facilities.
(a) Every dwelling and multiple dwelling unit shall have heating facilities.
(b) The owner shall be required to see that the heating facilities are
properly installed, safely maintained, and in good working condition.
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(c) The owner shall ensure that the facilities are capable of safely and
adequately heating all habitable rooms, bathrooms, and toilet rooms to a
temperature of at least eighty degrees Fahrenheit (27 degrees Celsius) with an
outside temperature of minus twenty degrees Fahrenheit (minus 29 degrees
Celsius). The heating facilities shall be capable of maintaining a minimum room
temperature of sixty-eight degrees Fahrenheit (20 degrees Celsius) at three feet
above the floor in all habitable rooms including bathrooms and toilets at all times
when rented.
(9) Operation of Heating Facility and Incinerator. Every heating or water heating
facility must be installed and operated in accordance with the requirements of the
Building Code.
1009.24. Installation and Maintenance.
(1) Compliance. No person shall occupy as owner -occupant or let to another for
occupancy any dwelling, multiple dwelling, rooming house or rooming unit, or portion
thereof for the purpose of living, sleeping, cooking, or eating therein that does not
comply with the provisions of this Division.
(2) Plumbing Fixtures. Every water line, plumbing fixture, and drain shall be:
(a) Properly installed, connected, and maintained in working order;
(b) Kept free from obstructions, leaks, defects; and
(c) Capable of performing the function for which it was designed.
(d) Repairs and installations shall be made in accordance with the
provisions of the Building Code.
(3) Plumbing Systems.
Every stack, waste, and sewer line shall be installed and maintained so as to function
properly and be kept free from obstructions, leaks, and defects to prevent structural
deterioration or a health hazard. All repairs and installations shall be made in
accordance with provisions of the Building Code.
(4) Heating Equipment.
Every space heating, cooking, and water heating device located in a dwelling or multiple
dwelling shall be properly installed, connected, maintained, and capable of performing
the function for which it was designed in accordance with the provisions of the Building
Code.
(5) Electrical Service, Outlets, and Fixtures.
(a) All residential structures and dwelling units shall be supplied with
electrical service that is adequate to safely meet the electrical needs of the
structure and dwelling units in accordance with the provisions of the Building
Code.
(b) Every electrical outlet and fixture shall be installed, maintained, and
connected to the source of electrical power in accordance with the provisions of
the Building Code.
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(6) Maintenance of Facilities and Equipment.
(a) All required equipment and all building space and parts in all dwelling
units shall be constructed and maintained to properly and safely perform their
intended function in accordance with the provisions of the Building Code.
(b) All housing facilities shall be maintained in a clean and sanitary
condition so as to not breed insects and rodents or produce dangerous or
offensive gases or odors.
1009.25. Light and Ventilation.
(1) Light and Ventilation. No person shall occupy as owner -occupant or let to
another for occupancy any dwelling, multiple dwelling, rooming house, or rooming unit,
or portion thereof for the purpose of living, sleeping, cooking, and eating therein that
does not comply with the provisions of this Division.
(2) Natural Light in Habitable Rooms.
(a) Every habitable room shall have at least one window of approved size
facing directly to the outdoors or to a court. If the room is connected to a room or
area used seasonally, such as a porch, then adequate daylight must be possible
through this inter -connection.
(b) The minimum total window area measured between stops for every
habitable room shall be eight percent of the floor area of the room.
(c) Whenever walls or other portions of like obstructions are located less
than three feet from the window and extend to a level above that of the ceiling of
the room, the window shall not be deemed to face directly to the outdoors and
shall not be included as contributing to the minimum total window area.
(3) Natural Light in Non -Habitable Rooms. Every room, other than a habitable
room, used or occupied by persons shall comply with the provisions of this Section. This
Section shall not apply to a room with infrequent occupancy.
(a) The room shall be provided with at least one window opening directly
onto a street, court or be equipped with ventilating skylights which comply with
the requirements of this Article; or
(b) The room shall be provided with an approved means of mechanical
ventilation.
(4) Light in Non -Habitable Work Space. Every laundry, furnace room, and
similar non -habitable work space shall have at least one functioning electric light fixture
available at all times.
(5) Light in Public Halls and Stairways. Every public hall and inside stairway
shall be adequately lighted at all times with an illumination of at least one foot candle
per square foot in the darkest portion of the normally traveled stairs and passageways.
(6) Electric Outlets Required. Every habitable room, kitchen, public hall, water
closet compartment, bathroom, laundry room, and furnace room shall have the
minimum number of electrical outlets and electrical lighting fixtures as provided for in
the Building Code.
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(7) Adequate Ventilation_ Every habitable room shall have at least one window
which can be easily opened or such other device as will adequately ventilate the room.
A total openable window area in every habitable room shall be equal to at least fifty
percent of the minimum window area size required in Section 1009.25 except where
mechanical ventilation is provided in accordance with the provisions of the Building
Code.
(8) Bathrooms and Water Closets. Every bathroom and water closet
compartment shall comply with the light and ventilation requirements for habitable
rooms contained in Sections 1009.25, subd 3 and 7 except that no window shall be
required in bathrooms or water closet compartments equipped with an approved
ventilation system.
1009.26. Fire Safety.
(1) Compliance. No person shall occupy as owner -occupant or shall let to
another for occupancy any dwelling, multiple dwelling, rooming house, rooming unit, or
portion thereof for the purpose of living, sleeping, cooking, or eating therein that does
not comply with the applicable provisions of the City's Fire Prevention Code and the
following additional standards for safety.
(2) Flammable Liquid Prohibited. No residence building or rooming unit shall be
located within a building containing a business that handles, dispenses or stores
flammable liquids with a flash point of 110 degrees Fahrenheit (43 degrees Celsius) as
defined by the National Board of Fire Underwriters.
(3) Exits. Compliance with the exit provisions of the Building Code is required
(4) Cooking and Heating Equipment. All cooking and heating equipment,
components, accessories, and devices shall be maintained free from leaks and
obstructions and kept functioning properly to be free from fire, health, and accident
hazards. All installations and repairs shall be made in accordance with the regulations
of the Building Code.
1009.27 Occupant Responsibilities.
(1) Cleanliness. Every occupant of a dwelling unit shall keep that part of the
dwelling unit and premises which the occupant occupies, controls, or uses in a clean
and sanitary condition.
(2) Disposal of Rubbish. Every occupant of a dwelling unit shall dispose of all
rubbish in a clean and sanitary manner.
(3) Use and Operation of Supplied Plumbing Fixtures. Every occupant of a
dwelling unit shall keep the supplied plumbing fixtures clean and sanitary and shall be
responsible for the exercise of reasonable care in the proper use and operation of the
fixtures.
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(4) Plumbing Fixtures Furnished by Occupant. Every plumbing fixture furnished
by the occupant shall be properly installed and maintained in good working condition.
The fixtures shall be clean, sanitary, and free from defects, leaks, or obstructions.
1009.28. Rooming Houses.
(1) Compliance. No person shall operate a rooming house or shall occupy or let
to another for occupancy a rooming unit in a rooming house except in compliance with
the provisions of this Division.
(2) Water Closet, Hand Lavatory, and Bath Facilities.
(a) At least one water closet, lavatory basin, and bathtub or shower shall
be supplied for each four rooms within a rooming house wherever these facilities
are shared.
(b) The facilities shall be properly connected to an approved water and
sewer system and shall be maintained in good working condition.
(c) Every lavatory basin and bathtub or shower shall be supplied with hot
and cold water at all times.
(d) All shared facilities shall be located within the residence building being
served and shall be directly accessible by all persons sharing the facilities from a
common hallway or passageway.
(3) Bathroom Enclosures. Every water closet, flush urinal, lavatory basin, and
bathtub or shower required by Section 1009.23 shall be located within the rooming
house in a room or area that:
(a) Affords privacy and is separate from the habitable rooms; and
(b) Is accessible from a common hall without going outside the rooming
house.
(4) Minimum Floor Area for Sleeping Purposes. Every room occupied for
sleeping purposes by one person shall contain at least seventy square feet of floor area.
Every room occupied for sleeping purposes by two or more persons shall contain at
least fifty square feet of floor area for each occupant.
(5) Bed Linens and Towels. The operator of a rooming house shall change the
supplied bed linens and towels at least once a week and prior to the letting of any room
to another occupant. The operator shall be responsible for the maintenance of all
supplied bedding in a clean and sanitary manner.
(6) Window Coverings. The window of each rooming unit shall be supplied with
shades, drawn drapes, or other devices or materials that will afford privacy to the
occupant of the rooming unit when properly used.
(7) Responsibilities of Operator. The operator of a rooming house shall be
responsible for:
(a) The sanitary maintenance of all walls, floors, and ceilings and every
other part of the rooming house.
(b) The sanitary maintenance of the entire premises when the entire
structure or building is leased or occupied by the operator.
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Licenses
1009.40. Required.
No person shall allow to be occupied or let to another for occupancy units in a
multiple dwelling for which a license has not been granted by the City. There shall be
two types of licenses: regular and provisional.
1009.41. Application.
(1) Before any license shall be issued or renewed, the owner shall complete an
application. The following persons shall be authorized to sign and submit the
application:
(a) If the owner is a natural person, by the owner thereof.
(b) If the owner is a corporation, by an officer thereof.
(c) If the owner is a partnership, by a partner thereof.
(2) Application shall be made on forms prescribed by the City and shall include:
(a) The name and address of the owner of the multiple dwellings.
(b) The name and address of any operator or agent actively managing the
multiple dwelling.
(c) If the operator or agent is a business entity, the application shall
include the names, telephone numbers, and addresses of individuals who will be
involved in such management, together with a description of the scope of
services and manner of delivering these services by the manager.
(d) If the registrant is a partnership, the name and address of all partners.
(e) If the registrant is corporation, the name and address of all officers.
(f) If the multiple dwelling is being sold on a contract for deed, the name
and address of the vendees.
(g) The legal address of the multiple dwelling.
(h) The number of toilet and bath facilities shared by the occupants of two
or more units.
(i) The number and kinds of units within the multiple dwelling.
(j) The height of the multiple dwelling in stories.
(k)The construction of the exterior of the building.
(I) The total floor area of the building.
(m) The total area provided on premises for off-street parking.
(n) An application for a provisional license shall include information as
required by Section 1009.47.
1009.42. License Fees.
The license fees shall be as provided in the fee schedule ordinance. The license
fees shall be established by resolution.
(1) A license fee shall be collected for each unit in a multiple dwelling.
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(2) If an application is made less than 45 days before the beginning date of the
license period applied for then the fee shall be accompanied by an additional amount
equal to 100 percent of such license fee. The additional amount shall be a penalty for a
late application.
(3) The license fee will be reduced for participation in the Safer Tenants and
Rentals Program at the following rates:
Level "C" certification — 25%
Level "B" certification — 50%
Level "A" certification — 75%
1009.43. License Issuance.
The City shall issue a license if the building and the application are found to be in
compliance with the provisions of this Chapter provided that all real estate taxes and
municipal utility bills for the premises have been paid. Real estate taxes will not be
considered to be due and unpaid for purposes of this Section while a proper and timely
appeal of such taxes is pending and is diligently pursued to completion by the
landowner.
1009.44. Posting of License.
The licensee shall post the receipted copy of the license in a conspicuous public
corridor or hallway or lobby of the licensed multiple dwelling. The license shall be
displayed in a frame with a glass covering.
1009.45. Renewal of License.
The license period shall commence either on March 1 or September 1. A regular
license will be issued for a period of one year. A provisional license shall be issued for a
period of six months.
1009.46. Transfer of License.
A license is transferable for a fee to any person who has actually acquired legal
ownership of licensed premises. The transfer shall be effective for the unexpired portion
of the license period provided that the transfer application is filed with the City prior to
the actual change of legal ownership and the transferee is not disqualified from holding
the license due to prior revocation or suspension of a license. The license shall
terminate upon failure to apply for a transfer prior to change of legal ownership. The fee
for the transfer shall be established by resolution.
1009.47. Provisional License.
(1) Police or Fire Calls. Licensed multiple dwellings that have generated an
average of over .5 police or fire calls per dwelling unit in a preceding six month period
as specified in this Section shall be eligible only for a provisional license.
15
(a) Police and fire calls that are counted in determining whether a
provisional license is required include the following types of calls or events:
i. Calls or events listed in Section 1009.47, subd (ii) and (iii) and 1009.49,
subd 1.
ii. Calls or events categorized as part one crimes in the Uniform Crime
Reporting System, including homicide, rape, robbery, aggravated assault,
burglary, theft, auto theft and arson.
iii. Calls or events categorized by the Public Safety Department:
miscellaneous juvenile status crimes, liquor offenses or curfew violations;
disturbing the peace or harassing communications; property damage;
criminal damage to property or trespass; domestic incidents; fire alarms;
public disturbance or disorderly conduct; loud party or noise complaints;
disorderly juveniles; assault in the fifth degree or non-domestic related
assaults. The Director of Public Safety shall maintain for public inspection
a description of the coding system and a list of the codes and crimes
included within each of these categories of calls or events.
iv. The Director of Public Safety may determine that multiple incidents
shall be counted as a single call in appropriate cases.
(b) Calls will not be counted for purposes of determining whether a
provisional license is required where the victim and suspect are "Family or
household members" as defined in the Domestic Abuse Act, Minnesota Statutes,
Section 518B.01, Subdivision 2(b) and where there is a report of "Domestic
Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section
518B.01, Subdivision 2(a).
(c) The period of time used to determine whether a provisional license is
required is the six month period ending two months before the commencement of
the license term, either December 31 or June 30.
(d) The City will provide by mail to each licensee a monthly report of calls
described in Section 1009.47, subd A, section (ii) and (iii) and Section 1009.49,
subd. 1.
(2) Resident Manager. Provisional licenses shall only be issued for facilities that
have a manager or managers certified in accordance with Section 1009.48. Managers
must be resident managers or on site managers who are on site or available 24 hours a
day.
(3) Mitigation Plan. The applicant for a provisional license must submit a
mitigation plan for the license period for review to the City Council. The mitigation plan
shall describe steps proposed by the applicant to reduce the number of police and fire
calls described in Section 1009.47, subd 1 to a level that qualifies for a regular license.
The mitigation plan may include such steps as: changes in tenant screening
procedures, changes in lease terms, security measures, rules and regulations for tenant
conduct, and security personnel.
(4) Decision of City Council. The application and a proposed mitigation plan will
be presented to the City Council together with a disposition recommendation by the City
Administrator. After giving the applicant an opportunity to be heard and present
evidence, the City Council shall approve, disapprove, or approve with conditions the
16
application and the mitigation plan. If the City Council disapproves an application and
mitigation plan or approves it with conditions, it shall state its reasons for so doing in
writing.
(5) Monthly Reports. The licensee shall comply with the approved mitigation plan.
No later than the tenth day after each calendar month, the licensee shall mail or deliver
to the City a written report describing all steps taken in furtherance of the mitigation plan
during the preceding month.
1009.48. Manager Certification.
(1) To qualify for a provisional license, the applicant must provide and maintain at
least one resident manager or on site managers who are on site or available 24 hours a
day and who are certified by this Section.
(2) A person may be certified as a resident or on site manager after successfully
completing the training program provided or specified by the City.
(3) A license may be granted to an applicant who does not currently have a
certified resident or on site manager, and a license may continue in effect on the
departure of a certified resident manager, on the condition that a resident manager or
on site manager shall register for and complete the training program as promptly as is
reasonably possible.
1009.49. Conduct on Licensed Premises.
(1) Disorderly Premises. The licensee shall be responsible for ensuring that
persons occupying the licensed premises conduct themselves in such a manner as not
to cause the premises to be disorderly. For purposes of this Section, a premises is
disorderly at which any of the following activities occur:
(a) Violation of laws relating to the possession of controlled substances as
defined in Minnesota Statutes Section 152.01, Subdivision 4.
(b) Violation of Minnesota Statutes, Section 609.72 (Disorderly Conduct)
(c) The unlawful sale of intoxicating liquor or 3.2 percent malt liquor.
(d) Violation of laws relating to gambling.
(e) Violation of laws relating to prostitution as defined in Minnesota
Statutes, Section 609.321, Subdivision 9, or acts relating to prostitution.
(f) Unlawful use or possession of a firearm or weapon in violation of
Minnesota Statutes, Section 609.66, Subdivision Ia, 609.67 or 624.713.
(g) Violation of Minnesota Statutes, Section 609.506 (False Info to Police
Officer).
(h) Violation of Minnesota Statutes, Section 609.705 (Unlawful Assembly).
(i) Violation of Minnesota Statutes, Section 609.71 (Riot).
(j) Violation of Minnesota Statutes, Section 609.713 (Terrorist Threat).
(k) Violation of Minnesota Statutes, Section 609.715 (Presence at
Unlawful Assembly).
(I) Violation of Minnesota Statutes, Section 609.487 (Fleeing, Other Than
Vehicle).
17
(2) Enforcement Authority. The City Administrator shall be responsible for
enforcement and administration of this Chapter. Authority to take any action authorized
by this Chapter may be delegated to the City Administrator's authorized designee.
(3) Notice of Violation. Upon determination by the City that a licensed premises
was used in a disorderly manner notice of the violation shall be given to the licensee.
The notice shall include a directive for the licensee to take steps to prevent further
violations. The disorderly manner shall be as defined in Section 1009.49, subd. 9.
(4) Second Instance. If a second instance of disorderly use of the licensed
premises occurs within three months of an incident for which a notice was provided as
specified in Section 1009.49, subd. 3, the City shall notify the licensee of the violation
and shall also require the licensee to submit a written report of the actions taken and
proposed to be taken by the licensee to prevent further disorderly use of the premises.
This written report shall be submitted to the City within five days of receipt of the notice
of disorderly use of the premises and shall detail all actions taken by the licensee in
response to all notices of disorderly use of the premises within the preceding three
months.
(5) Third Instance. If a third instance of disorderly use of the licensed premises
occurs within three months after any two previous instances of disorderly use for which
notices were provided as specified in Section 1009.49, subd 3 and 4, the rental dwelling
license for the premises may be denied, revoked, suspended, or not renewed. An action
to deny, revoke, suspend, or not renew a license under this Subsection shall be initiated
by the City by giving written notice to the licensee of a hearing before the City Council to
consider such denial, revocation, suspension or non -renewal. The written notice shall
specify all violations and shall state the date, time, place and purpose of the hearing.
The hearing shall be held no less than ten days and no more than thirty days after
giving the notice.
(6) Action of the City Council. Following the hearing, the City Council may deny,
revoke, suspend, or decline to renew the license for all or any part or parts of the
licensed premises or may grant a license upon such terms and conditions as it deems
necessary to accomplish the purposes of this Section.
(7) Instances Defined. For purposes of this Section, second and third instances
of disorderly use shall be those which:
(a) Occur at the same rental unit; or
(b) Involve tenants at the same rental unit; or
(c) Involve guests or invitees at the same rental unit; or
(d) Involve guests or invitees of the same tenant; or
(e) Involve the same tenant.
(8) Eviction Proceedings. No adverse license action shall be imposed where the
instance of disorderly use of the licensed premises occurred during the pendency of
eviction proceedings (unlawful detainer) or within thirty days of notice given by the
licensee to a tenant to vacate the premises where the disorderly use was related to
conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction
proceedings shall not be a bar to adverse license action, however, unless they are
18
diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or not
renew a license based upon violations of this Section may be postponed or
`-- discontinued at any time if it appears that the licensee has taken appropriate measures
which will prevent further instances of disorderly use.
(9) Evidence of Disorderly Manner. A determination that the licensed premises
have been used in a disorderly manner as described in Section 1009.49, subd 1 shall
be made upon substantial evidence to support this determination. It shall not be
necessary that criminal charges be brought in order to support a determination of
disorderly use nor shall the fact or dismissal or acquittal of such a criminal charge
operate as a bar to adverse license action under this Section.
(10) Serving of Notice. All notices given by the City under this Section shall be
personally served on the licensee, sent by registered mail to the licensee's last known
address, or, if neither method of service effects notice, by posting the notice in a
conspicuous place on the licensed premises .
(11) Council Action Not Exclusive. Enforcement actions provided in this Section
shall not be exclusive. The City Council may take any action with respect to a licensee,
a tenant, or the licensed premises as is authorized by the City Code or State law
1009.50. Suspension, Revocation, Denial and Non -Renewal of a License.
(1) Reason for Action. The Council may revoke, suspend, deny or decline to
renew any license issued under this Chapter upon any of the following grounds :
(a) False statements on any application or other information or report
required by this Chapter to be given by the applicant or licensee.
(b) Failure to pay any application, penalty, re -inspection, or reinstatement
fee required by this Chapter and resolution.
(c) Failure to correct deficiencies noted in notices of violation in the time
specified in the notice.
(d) Failure to comply with the provisions of an approved mitigation plan in
the case of provisional licenses.
(e) Any other violation of this Chapter.
(2) Applicable Sections. Revocation, suspension, and non -renewal may be
brought under either this Section or Section 1009.49, subd 6, or both.
(3) Regular License. A regular license shall be revoked, if at mid term, or not
renewed, if at the end of a term, upon a finding that the premises are only eligible for a
provisional license as provided in Section 1009.47.
(4) Written Notice. A decision to revoke, suspend, deny or not renew a license
shall be preceded by written notice to the applicant or licensee of the alleged grounds •
therefore and the applicant or licensee will be given an opportunity for a hearing before
the City Council before final action to revoke, suspend, deny, or not renew a license.
(5) Action of City Council. The City Council shall give due regard to the frequency and
seriousness of violations, the ease with which such violations could have been cured or
avoided and good faith efforts to comply and shall issue a decision to deny, not renew,
19
suspend, or revoke a license only upon written findings. The City Council may suspend
or revoke a license or not renew a license for part or all of a facility .
(6) Reinstatement of License. Upon a decision to revoke, deny, or not renew a
license, no new application for the same facility will be accepted for a period of time
specified in the written decision of the City Council, not exceeding one year. Such new
applications must be accompanied by a reinstatement fee, as specified by ordinance, in
addition to all other fees required by this Chapter.
(7) No New Rentals. A written decision to revoke, suspend, deny, or not renew a
license or application shall specify the part or parts of the facility to which it applies.
Thereafter, and until a license is reissued or reinstated, no rental units becoming vacant
in such part or parts of the facility may be re -let or occupied. Revocation, suspension or
non -renewal of a license shall not excuse the owner from compliance with all terms of
this Chapter for as long as any units in the facility are occupied.
(8) Failure to Comply. Failure to comply with all terms of this Chapter during the
term of revocation, suspension, or non -renewal is a misdemeanor and grounds for
extension of the term of such revocation or suspension or continuation of non -renewal,
or for a decision not to reinstate the license, notwithstanding any limitations on the
period of suspension, revocation or non -renewal specified in the City Council's written
decision or in Section 1009.50, subd 6.
1009.51. No Retaliation.
No licensee shall evict, threaten to evict, or take any other punitive action against
any tenant by reason of good faith calls made by such tenant to law enforcement
agencies relating to criminal activity, suspected criminal activity, suspicious
occurrences, or public safety concerns. This Section shall not prohibit the eviction of
tenants from a dwelling unit for unlawful conduct of a tenant or invitee or violation of any
rules, regulations or lease terms other than a prohibition against contacting law
enforcement agencies.
1009.52. Recycling Services Required.
Owners of multiple dwellings licensed under this Article must provide recycling
collection services to all residents of the dwelling. Such collection services must include
acceptance of all materials designated as recyclable. Licensees must ensure that all
recyclables are delivered to a recycling facility for the purpose of recycling. Licensees
must provide information regarding recycling collection services as required by the City.
Security Devices
1009.60 Key Boxes.
(1) Purpose. In cases of fire, medical or public safety emergencies, it is vital that
police officers be able to gain access to locked areas of multiple dwelling buildings
whether or not a caretaker is present. In an emergency response situation there is
insufficient time to locate a person serving as a key holder. Use of key boxes will
20
minimize the damage to doors and windows and provide a more efficient means of
emergency access to locked buildings by public safety personnel, thereby enhancing
the safety and security of the building's occupants.
(2) Requirements. Where access to a multiple dwelling building is restricted
because of secured entrances, the Department of Public Safety is authorized to require
a key box to be properly installed and maintained in an accessible location as close as
possible to the main entrance door. The key box must not be located at a height over
six (6) feet above the finished grade but high enough to prevent water and snow from
entering or blocking it. The key box installation must be approved by the Department of
Public Safety. The key box shall be of an approved type and shall contain keys to gain
access as required by the Director of Public Safety.
Effective Date
1009/0. Effective Date and Enforcement. The provisions of this Chapter shall be
effective thirty (30) days after publication for all new construction. All existing buildings
within the City to which this Chapter applies must be in compliance with its terms within
six (6) months of its effective date.
7�tte�t: Julianne Bell, City Clerk
Adopted by the Lino Lakes City Council thisj3r�'day of -'tu� , 2007.
The motion for the adoption of the foregoing ordinance was duly seconded by Council
Member S -ib It and upon a vote being taken thereon, the following voted in favor
thereof:
lie' net+, ' -h✓ l tz , r i S Gv1 , ery..s c n
The following voted against same:
r\ one t-- 0-) 00 .1 vt-e )
Whereupon said ordinance was declared duly passed and adopted.
21
STAFF ORIGINATOR: David J. Pecchia, Chief of Police
DATE
TOPIC
August 13, 2007
Second Reading of Ordinance No. 08 - 07 City
of Lino Lakes Crime Free Housing Code
and Lino Lakes Police Department Safer
Tenants and Rental (STAR) Program
VOTES REQUIRED: Simple Majority
I I
'BACKGROUND I
I I
Background
The City of Lino Lakes is committed to proactively addressing
crime. Preventing problems is always more effective than trying
to deal with them after they occur. Police records in neighboring
communities show that rental -housing properties have had higher
crime rates than owner -occupied homes. Rental properties place
larger numbers of people into more dense areas, thereby
increasing crime opportunities. It is found that adequate
protection of public health, safety and general welfare will
improve in those rental developments that are certified under the
Safer Tenants And Rentals program.
The purpose of this program is to protect, preserve and promote
the public health, safety and general welfare of The City of Lino
Lakes, and to prevent crime in the City and to provide for the
administration and enforcement of the STAR program.
STAR CERTIFICATION LEVELS
In order to be certified under any level of the STAR program, the
criteria listed under that level must be met.
Level "C" rated criteria
Statewide (Minnesota) Criminal History check of all
applicants covering at least the last seven years. The
checks must be completed "in-person" or by utilizing the
most recent update of the state criminal history files.
- Statewide Criminal History checks from the applicant's
previous state of residence if the applicant is moving
directly from the previous state.
- Any company that the owner contracts with to conduct
Criminal History checks most meet the standards
established by the Public Safety Department.
Must have written "denial criteria" that must be provided
to each applicant at the time of application.
- The criteria established for denial of applicants must
apply equally to all persons regardless of race, color,
creed, religion, national origin, sex, sexual
orientation, disability, age, marital status, or status
with regard to public assistance.
All managers must attend eight hours of annual STAR
training.
Management must assist the Police Department in
conducting resident crime prevention meetings when
requested.
Every prospective tenant eighteen (18) years of age or
older shall be required to complete a tenant application.
Every applicant shall submit proper photo identification,
which must be either a current driver's license or state
issued identification card. If the identification card is
from another state other than the State of Minnesota, the
lessee must require verification of the applicant's
social security number.
Applicants should be denied rental if the applicant
misrepresents information on the application. If
misrepresentations are found after a rental agreement is
executed, the licensee should terminate the rental
agreement.
Level "B" rated criteria
All criteria listed under Level C must be complied with.
Statewide Criminal History checks of any applicant in
their previous states of residence covering the last
seven years if they have not resided in Minnesota for
three years or longer.
Criminal History checks of all applicants conducted in
all seven counties in the metro Twin City area covering
at least the last seven years including all misdemeanor,
gross misdemeanor, and felony convictions.
�- Level "A" rated criteria
- All the criteria listed under Levels B & C must be
complied with.
- Criminal History checks in all counties the applicant has
resided in for the past seven years or since turning
eighteen years of age.
Basic Physical Security Requirements
- Single cylinder dead bolt looks on external doors
- High security strike plates with 3" screws.
180 degree eye viewers installed on front doors.
Adequate security lighting on property.
- Proper trimming of bushes and shrubs.
Anti lift/slide devices on ground level windows and
sliding glass doors.
Business address prominently displayed and each unit
number on every door.
Approved video surveillance of underground parking.
Telephones capable of dialing 911 in "common" areas
(without requiring money deposit).
Secure access to common areas. i.e. building entry,
internal parking, pool/group activity areas.
If permanent grill structures constructed they must be at
least 15 feet from a structure
Applicants include all prospective tenants eighteen years of age
or older.
Rental owners must provide documentation of compliance with all
of the criteria in order to be certified. This does not include
the actual results of the criminal history check, as this is not
permissible under the Fair Credit Reporting Act.
Criminal History checks on immigrants only need to be conducted
in areas in the United States where the immigrant resided prior
to applying for rental housing in Lino Lakes, not foreign
countries.
Tenant Screening Companies
Listed below are the criteria for any company the Owner contracts
with to perform tenant applicant Criminal History checks.
- Company must be bonded and/or insured.
Criminal History checks can be subcontracted, but the
company must have a process, with documentation, that
conducts periodic, random verifications of criminal
history checks conducted by subcontractors.
Criminal History checks must go back a minimum of seven
(7) years.
Company must comply with legal requirements of the Fair
Credit Reporting Act.
- The screening company must provide verification to the
City of Lino Lakes that it complies with these criteria.
Discrimination and Privacy
This program shall be enforced in a non-discriminatory manner and
exclusively for the purpose of promoting public safety as opposed
to private welfare. Except as may be specifically provided herein
or incidental to the enforcement hereof, this program is not
intended to interfere with the personal privacy or with private
legal rights and liabilities, including, without limitation,
landlord/tenant and landlord/lessee relationships. In enacting
and enforcing this program, The City of Lino Lakes neither
expressly nor by implication assumes any obligations or
liabilities respecting such private rights or disputes, including
those which involve or arise out of the nonconformity of any
premises in the City to the provisions of this Ordinance.
Criteria for Application Denial
The owner of rental housing developments must establish criteria
for denial of rental applicants and provide the denial criteria
to applicants prior to submittal of the application. The City of
Lino Lakes does not establish "denial criteria", but does provide
a list of recommended denial criteria. Below is a list of
recommended denial criteria:
Conviction of any violent related Felony within the last
seven years.
Two or more violent -related Gross Misdemeanor convictions
within the past seven years.
Three or more violent -related or disorderly conduct
Misdemeanor convictions within the last seven years.
Any conviction for selling a controlled substance within
the last seven years.
Two or more convictions for possession of a controlled
substance within the last seven years.
Any eviction from a prior rental unit within the last
three years for criminal behavior, disorderly conduct,
public nuisance or related activity.
- Any convictions for a sex-related offense with the last
"seven years. This includes "indecent exposure", "window
peeping", "sexual assault", "child molestation", and
"child pornography".
- False "personal" information on the application, i.e.
name, date of birth, social security number, prior
addresses.
Enforcement and Inspection Authority
The Director of Public Safety and his/her designated agents
and/or the Director of Community Development and his/her
designated agents shall be the Compliance Official who shall
\,.. administer and enforce the provisions of this program and who is
hereby authorized to inspect records to ensure compliance with
program provisions.
I I
'OPTIONS '
I I
1. Motion to Approve - 2nd Reading
2. Motion to Deny
'RECOMMENDATION
OPTION 1 - Approve