HomeMy WebLinkAboutOrdinance 731i
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ORDINANCE NO. 731
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE DELETING IN ITS ENTIRETY CHAPTER 1005 OF THE
MOUNDS VIEW MUNICIPAL CODE PERTAINING TO HOUSING
MAINTENANCE AND MULTIPLE DWELLING LICENSING, ENACTING A NEW
CHAPTER 1005 ADOPTING THE 2003 INTERNATIONAL PROPERTY
MAINTENANCE CODE WITH AMENDMENTS AND ENACTING A NEW
CHAPTER 1012 REGULATING MULTIPLE DWELLING LICENSING
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1: The following shall represent a summary of this ordinance and
shall be published, along with the ordinance title, in lieu of the whole ordinance as
permitted by Mounds View City Charter Section 3.07:
Ordinance 731 adopts the 2003 edition of the Intemational Properly
Maintenance Code, promulgated by the International Code Council
Inc., by reference, and incorporates into the city code in whale as if it
was set out in full, subject to amendments, as the Property
Maintenance Code for the City of Mounds View. A copy of said
Intemational Property Maintenance Code is on file in the office of the
Clerk-Administrator. The Code provides for minimum building,
plumbing, mechanical, electrical and health maintenance
requirements for all residential buildings within the City. The code is
also utilized in conjunction with rental housing licensing programs
and general building upkeep. Provisions regarding the licensing and
regulation of cerfain rental properties were deleted from Chapter
1005 and inserted in a newly created Chapter 1012. The provisions
of Chapter 1012 require that all residential buildings designed or
operated primarily as rental housing with two (2) or more dwelling
units obtain a multiple dwelling license.
•
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` SECTION 2: All text within Chapter 1005 of the Mounds View Municipal
Code is hereby deleted and replaced with the following:
SECTION:
1005.01: Adoption of the International Property Maintenance Code
1005.02: Amendments to the International Property Maintenance Code
1005.01: ADOPTION OF THE INTERNATIONAL PROPERTY MAINTENANCE
CODE
The 2003 International Property Maintenance Code (IPMC), as promulgated by
the International Code Council, Inc., is adopted by reference and incorporated
into the city code in whole as if it were set out in full, subject to the amendments
contained in this chapter. A copy of said International Property Maintenance
Code is on file in the office of the Clerk-Administrator.
1005.02: LOCAL AMENDMENTS TO THE INTERNATIONAL PROPERTY
MAINTENANCE CODE: The following amendments are made to the 2003
• International Property Maintenance Code:
Subd. 1. Section 101.1 Title. These regulations shall be known as the
Property Maintenance Code of the City of Mounds View, hereinafter
referred to as "this code."
Subd. 2. Section 101.2 Legislative Findings. The city council finds that
the existence of dwellings which are substandard in one or more important
features of structure, equipment, maintenance or occupancy adversely
affect public health and safety and lead to the continuation, extension and
aggravation of urban blight. Adequate protection of public health, safety
and welfare therefore requires the establishment and enforcement of
minimum housing standards.
Subd. 3. Section 101.3 Intent and Purpose. Every portion of a building or
premises used or intended to be used for residential purposes shall
comply with the provisions of this code, irrespective of when such building
was constructed. The purpose of this code is to protect the public health,
safety and welfare. Said code (a) Establishes minimum standards for
basic equipment and facilities; for light, ventilation and heating; for safety
from fire; for space, use and location; for safe and sanitary maintenance of
all dwellings; (b) Determines the responsibilities of owners, operators and
occupants of dwellings; (c) Provides, as an incident to the primary
. regulation, for registering the operation of certain dwellings; and (d)
Provides for administration and enforcement.
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Subd. 4. Section 102.3 Application of other codes. Repairs, additions or
alterations to a structure, or changes of occupancy shall be done in
accordance with the procedures and provisions of the Minnesota State
Building Code (MSBC), established pursuant to M.S. §§ 166.59 to 166.75,
as amended, as adopted by the city. Nothing in this code shall be
construed to cancel, modify or set aside any provision of the MSBC or the
City of Mounds View Zoning Code.
Subd. 5. Section 102.7 Referenced codes and standards. The codes and
standards referenced in this code shall be those listed in Chapter 8, and
shall be considered part of the requirements of this code to the prescribed
extent of each such reference. Where differences occur between
provisions of this code and the MSBC, the most restrictive shall apply.
Subd. 6. Section 103.1 General. The Community Development Department
of the City is responsible for administering the provisions of this code, and
the official in charge thereof shall be known as the Code Official.
Subd. 7. Section 103.2 Appointment. Not adopted.
Subd. 8. Section 103.5 Fees. Not adopted.
Subd. 9 Section 106.3 Violation and Penalties. Any violation of any
• provision of this code shall constitute a misdemeanor. Each day' the
structure is in violation of this code shall be deemed a separate offense. In
addition to the punishment specified in this section, the City may enforce
this code by an appropriate form of civil action and may enjoin violation of
this code and compel obedience thereto by mandatory orders and writs
and cause the abatement of everything existing in violation thereof and
cause the premises to be vacated, if occupied in violation thereof, and to
remain vacant until the court shall find that the violation has ceased, and
for these purposes, any court of competent jurisdiction may render, enter,
make and issue any and every appropriate judgment, decree, writ and
order and cause the same to be executed.
Subd. 10. Section 106.3.1 Legal Authority. The acts, proceedings and
authority of the Code Official shall be treated as prima facie, just and legal
Subd. 11. Section 106.4 Not adopted.
Subd. 12. Section 106.5. Execution of compliance orders by public
authority. Upon failure to comply with a compliance order within the time
set therein (and no appeal having been taken), or upon failure to comply
with a modified compliance order within the time set therein, the criminal
penalty established hereunder notwithstanding, the City Council, after due
notice to the owner, may by resolution cause the cited deficiency to be
• remedied as set forth in the compliance order. The cost of such remedy is
a lien against the subject real estate. Such a lien may be levied and
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cr
collected as a special assessment in the manner provided by M.S.
Chapter 429, as amended. {t may be levied for any of the reasons set
forth in M.S § 429.101, Subd. 1, and specifically for the removal or
elimination of public health or safety hazards from private property. It is
the intent of this section to authorize the city to utilize all of the provisions
of M.S. § 429.101 to promote the public health, safety and general
welfare.
Subd. 13. Section 108.4 Placarding. Upon failure of the owner or person
responsible to comply with the notice provisions within the time given, the
code official may post on the premises or on defective equipment a
placard and a statement of the penalties provided for occupying the
premises, operating the equipment or removing the placard.
Subd. 14. Section 109.2 Summary Abatement. Notwithstanding other
provisions of this code, whenever, in the opinion of the Code Official, there
is imminent danger due to an unsafe condition, the Code Official may
order the necessary corrective actions to be completed without following
the procedures required in Section 107. A good faith effort shall be made
to inform the owner, the owner's agent or the occupant that the action is
being taken.
. Subd. 15. Section 109.2.1 Notice of Summary Abatement. After the
corrective action has been taken and the costs of such action have been
determined, the Code Official shall serve the owner, the owner's agent or
the occupant with a notice of the action, which shall contain a description
of the emergency circumstances; the corrective action taken by the City;
the cost incurred in correcting the emergency; the City's intent to assess
some or all of the costs against the corrected property; and a statement
that the owner, the owner's agent or the occupant may request a hearing
with the City Council to review the Code Official's actions and the possible
assessment of costs. The request for hearing shall be in writing and
submitted to the C{erk-Administrator within ten (10) wocking days of the
date of the notice.
Subd 16. Section 109.5 Costs of Summary Abatement. The cost of the
corrective actions associated with the Summary Abatement is a lien
against the subject real estate. Such a lien may be levied and collected as
a special assessment in the manner provided by M.S. Chapter 429, as
amended. It may be levied for any of the reasons set forth in M.S §
429.101, Subd. 1 and specifically for the removal or elimination of public
health or safety hazards from private property. It is the intent of this
section to authorize the City to utilize all of the provisions of M.S. §
429.101 to promote the public health, safety and general welfare.
• Subd. 17. Section 109.6 Hearing. Not adopted.
Subd. 18. Section 111 Not adopted.
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Subd. 19. Section 201.3 Terms defined in other codes. Where terms are
not defined in this code and are defined in the MSBC and the City of
Mounds View Zoning Code, such terms shall have the meanings ascribed
to them in those codes.
Subd. 20. Section 202 Genera! definitions.
a. CODE OFFICIAL. The official charged with the administration and
enforcement of this code, or any duly authorized representative. For the
purpose of administration and enforcement of this code, the Housing
Inspector, Building Official, or an authorized representative shall be the
Code Official.
b. IMMINENT DANGER. A condition which could cause serious or
life-threatening injury or death. Including but nat limited to; heating
systems that have damaged heat exchangers; rusted or plugged flues;
inadequate venting; lack of temperature or pressure relief valves.
Electrical systems that have damaged or deteriorated equipment; utilize
the improper use of extension cords. Plumbing systems that are
unsanitary due to leaking waste systems; cross connection of potable
water supply; lack of adequate water supply. Walls, ceilings, roofs,
foundations, and floor systems that will not safely carry imposed loads.
Refuse, garbage, human waste, dead vermin or other animals, animal
waste, or other materials causing unsanitary conditions. Infestation of rats,
insects, or other vermin.
Subd. 21. Section 302.4 Weeds. Not adopted.
Subd. 22. Section 303.2 Replace second sentence with the following: "In
accordance with the MSBC, gates required to be self-closing and self-
latching shall be maintained such that, when released, they will positively
close and latch. "
Subd. 23. Section 302.8 Motor vehicles. Not adopted.
Subd. 24. Section 302.9 Defacement of property. Not adopted.
Subd. 25. Section 304.2 Protective Treatment. Third sentence amended to
read as follows, "Pealing, flaking, deteriorated, or chipped paint that
exceeds more than twenty percent (20%) of the area of any plane or wall
or other area shall be eliminated and surfaces repainted."
Subd. 26. Section 304.14 Insect screens. During the period from May 15 to
October 15, every door, window and other outside opening required for
ventilation of habitable rooms, food preparation areas, food service areas,
or any areas where products to be included or utilized in food for human
. consumption are processed, manufactured, packaged or stored, sha{{ be
supplied with approved tightly fitting screens of not less than 16 mesh per
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inch. Every swinging door shall also have aself-closing device in good
working condition.
Subd. 27. Section 304.18.1 Doors Second sentence amended to read,
"Such deadbolt locks shall be operated only by the turning of a knob and
shall have a lock throw of not less than 3/-inch,"
Subd. 28. Section 307.2.2 Refrigerators. Not adopted.
Subd. 29. Section 403.4 Process ventilation. In accordance with the MSBC
and the State Fire Code (SFC), where injurious, toxic, irritating or noxious
fumes, gases, dusts or mists are generated, a local exhaust ventilation
system shall be provided to remove the contaminating agent at its source.
Air shat! be exhausted to the exterior and not be re-circulated to any
space.
Subd. 29. Section 403.5 Clothes dryer exhaust. Clothes dryer exhaust
systems shall be independent of all other systems, and shall be exhausted
in accordance with the manufacturer's instructions and the State
Mechanical Code (SMC).
Subd. 30. Section 502.3 Hotels. Not adopted.
Subd. 31. Section 502.4 Employees' facilities. Not adopted.
Subd. 32. Section 502.4.1 Drinking facilities. Not adopted.
Subd. 33. Section 505.4 Water heating facilities. Amend first sentence to
read, "Water heating facilities shall be properly installed, maintained and
capable of providing an adequate amount of water fo be drawn at every
required sink, lavatory, bathtub, shower and laundry facility at a
temperature of not less than 120°F and not more than 130°F."
Subd. 34. Section 602.2 Residential occupancies. Dwellings shall be
provided with heating facilities capable of maintaining a room temperature
of 68° F, measured at 3 feet above the floor and 3 feet from exterior walls
and windows, in all habitable rooms, bathrooms, and water closets. This is
based on the winter outdoor design temperature for the locality indicated
in the Minnesota State Energy Code (MSEC). Cooking appliances shall
not be used to provide space heating to meet the requirements of this
section.
Subd. 35. Section 602.3 Heat supply. During the period from September 15
to May 15, every owner and operator of any building who rents, leases or
lets one or more dwelling unit, rooming unit, dormitory or guestroom on
terms, either expressed or implied, to furnish heat to the occupants thereof
shall supply heat to maintain a temperature of not less than 68° F in all
habitable rooms, bathrooms, and toilet rooms. EXCEPTION: When the
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~, outdoor temperature is below the winter outdoor design temperature for
the locality, -12°F, maintenance of the minimum room temperature shall
not be required, provided that the heating system is operating at its full
design capacity.
Subd. 36. Section 602.4 Occupiable work spaces. When occupied during
the period from September 15 to May 15, indoor occupiable work spaces
shall be supplied with heat to maintain a temperature of not less than
68°F. EXCEPTION: When the outdoor temperature is below the winter
outdoor design temperature for the locality, -12°F, maintenance of the
minimum room temperature shall not be required, provided that the
heating system is operating at its full design capacity.
Subd. 37. Section 603.5 Combustion air. In accordance with the Minnesota
State Mechanical Code (MSMC), a supply of air shall be provided for
complete fuel combustion and for ventilation of the space containing the
fuel-burning equipment.
Subd. 38. Section 604.1 Facilities required. Every occupied building shall
be provided with an electrical system in compliance with the requirements
of this section, Section 605, and the National Electrical Code (NEC). as
adopted by the MSBC.
• Subd. 39. Section 604.2 Service. 1n accordance with the NEC, the size and
usage of appliances and equipment shall serve as a basis for determining
the need for additional facilities. At a minimum, dwelling units shall be
served by a three-wire, 120/240-volt, single-phase electrical service with a
rating of not less than 60 amperes.
Subd. 40. Section 605.2 Add the following exception: Exception, One
permanently installed ceiling light fixture may be provided in lieu of one
required receptacle outlet.
Subd 41. Section 701. Scope. Una
MSFC shat{ govern the minimum
relating to structures and exterior
and equipment to be provided.
ier the provisions of this chapter, the
conditions and standards for fire safety
premises, including fire safety facilities
Subd. 42. Section 702.2 Aisles. In accordance with the MSFC, the required
width of aisles shall be unobstructed.
Subd. 43. Section 702.3 Locked doors. All means of egress doors shall be
readily capable of being opened from the side from which egress is to be
made, without the need for keys, special knowledge or effort, except
where the door hardware conforms to that permitted by the MSBC.
Subd. 44. Section 702.4 Emergency escape openings. Required
emergency escape and rescue openings shall be operational from the
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inside of the room, without the use of keys or tools. Bars, grilles, grates or
similar devices are not permitted to be placed over emergency escape
and rescue openings. Emergency escape openings must provide a
minimum net clear opening size that complies with the MSBC.
Subd. 45. Section 704.2 Smoke alarms. Single or multiple-station smoke
alarms shall be installed and maintained in Groups R-2, R-3, R-4 at all of
the following locations:
a. On the ceiling or wall outside of each separate sleeping area in the
immediate vicinity of bedrooms.
b. In each room used for sleeping purposes.
c. In each story within a dwelling unit, including basements and cellars
but not including crawl spaces and uninhabitable attics.
Exception: Dwelling units in existence at the adoption of this code shall
meet smoke alarm location requirement b prior to January 1, 2006.
Subd. 46. Section 800 General references. Whenever this code refers to
the International Codes, such references shall be deemed to be to the
comparable applicable code as adopted by the state. Whenever this code
refers to the International Zoning Code, such references shall 6e deemed
to be the City of Mounds View Zoning Ordinance.
SECTION 3. Anew Chapter 1012 of the Mounds View Municipal code is
hereby enacted which incorporates the original deleted Multiple Dwelling
Registration language, amended with additions underlined and deletions meat
to read as follows:
CHAPTER 1012
MULTIPLE DWELLING LICENSE
SECTION:
1012.01: Purpose and Intent
1012.02: Licensing Provisions
1012.03: Inspections
1012.04: Violation and Penalties
• 1012.01: Purpose and Intent: It is the purpose of this chapter to protect the
public health safety and welfare of the community at large and the residents of
rental dwellings in the City of Mounds View and to ensure that rental housing in
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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 re~onsibilities. Operators are responsible to take
such reasonable steps as are necessary to ensure that the citizens of the city
who occupy such units may pursue the quiet enjoyment of the normal activities of
life in surroundings that are: safe, secure and sanitary; free from noise,
nuisances or annoyances; and free from unreasonable fears about safety of
persons and security of propert1r.
1012.02: LICENSING PROVISIONS:
Subd. 1. ~~~ti#+sate License Required: No person shall allow to be occupied or
(et to another for occupancy rental dwelling units in a multiple dwelling for
which a c~erti#iea}~^~eg;e*~tian multiple dwellin Iq icense has not been
pfewded rg anted by the Community
Development Department. All residential buildings designed or operated
primarily as rental housing with two (2) or more dwelling units shall be
considered a multiple dwelling and shall obtain a multiple dwelling license.
Subd. 2. #~~eg;sTrat-ie+~- S~t~ep~-afl~ Application: - T",° Q~ ~i'ai^^ '^~^°^+i^^
. Before any license required
by this ordinance shall be issued or renewed, the owner shall file an
application with the Community Development Department.
a. An fegist~at~en application ~+^+~e;i must be filed with the g
~.,~.,°..+i^., Il°n.,rFm^n+ Community Development Department ae--m~e
n nin9}~-days thirty (30) days after np 'or to the effective date J~eef
for license renewal in existing buildings; a An r°^i;~ application
si~sen-r°cni shall be filed '"'i+ after
construction is completed but before any units are occupied for new
buildings.
b. o°^i~+r,+i^„ ~+^+^.,~°r,+~ Applications shall be signed and submitted by
the owner of a multiple dwelling if the owner is a natural person, if the
owner is a corporation, by an officer thereof and if the owner is a
partnership, by a partner thereof.
c. The application shall be made on forms provided
by the aiding ~sFeE+i^ ~c-;~a+~epz Community Development
Department. Regular license applications w shall include the following
information:
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• (1) Name and street address of owner of multiple dwelling.
(2) Name and street address of the owner, operator or agent
actively managing said multiple dwelling who shall be designated as the
recipient of notices and personal service_
. If the operator or agent is a business entity,
the application shall state 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 such
services by the manager. Said operator or agent shall be the +ridt~al
r~~,~~n,~;e responsible party on a daily basis in the absence of the owner
for maintaining, repairing, furnishing, renting, letting for lease and
supervising the multiple dwelling.
(3) Name and street address of all other operators or agents
actively managing said multiple dwelling.
(4) Name and street address of all partners if the registrant is a
partnership.
(5) Name and street address of all officers of the corporation if the
registrant is a corporation.
i (6) Name and street address of the vendees if the multiple dwelling
is being sold on a contract for deed.
(7) Legal address of the multiple dwelling.
(8) Number of toilet and bath facilities that are shared by the
occupants of two (2) or more units.
(9) Number and kinds of units within the multiple dwelling.
(10) Height of multiple dwelling in stories.
(11) Construction of the exterior of the building.
(12) Total floor area of the building.
(13) Total area provided on premises for off-street parking.
d. The certificate shall state that the structure has been inspected and is in
compliance with the requirements of this Chapter. (Ord. 572, 2-26-
96)
• ~ rcnoinforl nnnv nF +he norFifir..+~o of r i+i +r~finn renoivor~ frnm_~h
Page 10
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2-26-96)
• nn &~~~
~j~ ~i~r~+hlc inr n f°° r,f ~fFc°n rlr.ll.~rc•
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,
T(~d7) AlVTV4T7n'fG°'TJI~~~'ir~~0•TLj 5~.L-"d~v)
Subd. 6: 3. ~°n,e~r°~inn ~°°~. License Fees: An annual fee, established by City
Council resolution, shall be paid thirty (30) days prior to the license
expiration date
r°,.,,ir°,~ „r,rlcr +hi~. ~'h.~r.+°r• Effective January 1, 2005, the license fee will
be reduced according to the following certification levels: Level "C"
certification: 20% reduction- Level "B" certification: 33°lo reduction• Level
• "A" certification: 50°lo reduction. Certification in the aforementioned levels
is vo{untarV and shall be pursued by the licensee on forms provided by the
Cif Any owner or an agent who fails to apply for license renewal in the
case of an existing license, ~~~+'~a#+ee prior to the time or date set forth
herein shalt pay a fee double that required herein. (1988 Code 93.15) The
license fee shall include the initial inspection and one follow-up inspection.
A fee, established by City Council resolution, shall be charged for any
reinspections or attempted reinspections required, whether due to the
failure of the reinspection, the Enforcement Officer's inability to fain
access to the multiple dwe{ling at the time of attempted reinspection, or
otherwise, and must be paid before a license will be issued.
Subd. 4. Issuance of license: The Community Development Department shall
issue a multiple dwelling license if the building is found to be in
compliance with the provisions of this Chapter, Chapter 1005 of this code,
and the applicable requirements of Minnesota Statute 299F, as amended,
provided however. that all real estate taxes and utility bills for the premises
which are due have been paid.
a. The license shall state that the multiple dwelling has been inspected
and complies with the requirements of this Chapter and Title 1000
Chapter 1005, Housing Code. Additionally, the license shall contain a
statement that tenants of the multiple dwelling may contact the attorney
• general for information regarding the rights and obligations of the owners
Page 11
• and tenants under state law The statement shall include the telephone
number and address of the attorney general.
Subd 5 Postinq~ Every licensee shall make available the receipted copy of the
license in the following manner:
a Buildings with four (4) or more dwelling units: The license shall be
conspicuously posted in a frame with a glass covering in a public corridor,
hallway or lobby of the multiple dwelling for which it is issued.
b Buildings with three (3) or less dwelling units shall provide a copy of the
receipted rental license to prospective tenants at the time of lease signing
for the subject property.
_Subd 6 Annual renewal of license The license period for each license issued
under the provisions of this Chapter shall commence on September 30
and will be issued for a period of twelve (12) months.
Subd 7 Transfer of Registration A license is transferable to any person who
has actually acquired legal _ownershig of a licensed building for the
unexpired portion of the term for which it was issued or reissued; provided,
that the application to transfer such license is filed with the Community
• Development Department 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 its transfer prior to change of legal ownership. The fee
for transfer of a multiple dwelling license shall be established by City
Council resolution.
Subd 8 Conduct on Licensed Premises It shall be the res ponsibility of the
_
licensee to see that persons occup ying the licensed p remises conduct
themselves in such_ a_manner as not to cause the premises to be
disorderly.
a For purposes of this Subdivision a premises is disorderly at which any
of the following activities occur:
i1) Violation of Title 700 Chapter 702 Section 702.01 Subd. 13 h
of the City Code (Crimes Against Public Safety and Health) or
violation of laws relating to possession of controlled substances as
defined in Minnesota Statutes, Section 152.01 et. seq.
(2) Violation of Title 700 Chapter 702 Section 702.01 Subd. 14 of
the City Cade (Public Misconduct or Nuisance) or violation of laws
• relating to disorderly conduct as defined in Minnesota Statutes,
Sections 609.72 and 609.74.
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• (3) Violation of Title 500, Chapter 501, Section 501.02 Subd. 1 and
501.02 Subd. 2 of the City Code (General Liquor Provisions) or
violation of laws relating to possession, sale, or consumption of
liquor or alcoholic beverages.
(4) Violation of laws relating to gambling
U Violation of Mounds View ordinances or Minnesota Statutes
relating to prostitution and sex crimes.
(6) Violation of Title 700, Chapter 702, Section 702.01 Subd.
13b(2) of the City Code (Dangerous Weapons) or violation of
Minnesota Statutes relating unlawful use or possession of a
firearm.
~7~ Violation of Minnesota Statute 609.705 (Unlawful Assembly).
(8) Violation of Minnesota Statute 609.71 (Riot).
(9) Violation of Minnesota Statutes 609.713 (Terroristic Threat).
(10) Violation of Minnesota Statute 609.715 (Presence at Unlawful
• Assembl
b. The Police Department and Community Development Department shall
be responsible for enforcement and administration of this Subdivision
c. Upon determination by the Police Department that a licensed premises
was used in a disorderly manner, as described in Subdivision 8a., the
Police Department shall cause notice to be made to the licensee of the
violation and direct the licensee to take steps to prevent further violations.
d. If a second instance of disorderly use of the licensed premises occurs
within three (3) months of an incident for which a notice in Subdivision 9c.
was given, the Police Department 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 Police Department within five (5) days of the 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 (3) months.
e. If a third instance of disorderly use of the licensed premises occurs
within three (3) months after any two previous instances of disorderly use
• for which notices were given to the licensee pursuant to this Subdivision,
the license for the premises may be denied, revoked, suspended. or not
Page 13
• renewed Any action to denyL revoke suspend or not renew a license
shall be initiated by the Police Department and Community Development
Department who shall give to the licensee written notice of a hearing
before the City Council to consider such denial revocation, suspension or
non-renewal Such written notice shall specify all violations of this
Subdivision and shall state the date time lace and ur ose of the
hearing The hearing shall be held no less than ten (10) days and no more
than thirty X30) days after giving such notice. Following the hearing, the
city council may den1r 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 Subdivision.
11 For the purposes of ...this Subdivision. second and third
instances of disorderly use shall be those which occur at the same
rental unit, involve tenants at the same rental unit, involve Guests or
invitees at the same rental unit involve quests or invitees of the
same tenant or involve the same tenant.
f A determination that the licensed premises have been used in a
disorderly manner as described in Subd. $a. shall be made upon
substantial evidence to support such a determination. It shall not be
necessary that criminal charges be brought in order to support a
• determination of disorderly use nor shall the fact of dismissal or acquittal
of such a criminal charge operate as a bar to adverse license action under
this Subdivision.
q No adverse license action shall be imposed where the instance of
disorderly use of the premises occurred during the pendency of an
eviction action or within thirty (30) 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 occupants or guests of the tenants unit.
Eviction proceedings shall not be a bar to adverse license action,
however unless they are diligently pursued by the licensee. Further, an
action to deny revoke suspend or not renew a license based upon
violations of this Subdivision may be postponed or discontinued at any
time if it appears that the licensee has taken appropriate measures that
will prevent further instances of disorderly use.
h All notices given by the City under this Subdivision shall be personally
served on the licensee sent by certified mail to the licensee's last known
address or if the last known address is unknown, by posting on a
conspicuous place on the licensed premises.
i Enforcement actions provided in this Subdivision shall not be exclusive,
• and the Cit rL Council may take any action with respect to a licensee, a
tenant or the licensed premises as is authorized by the City Code, state
or federal law.
Page 14
Subd. 9. License suspension, revocation, denial and non-renewal: The Citv
Council may suspend, revoke, deny, or not renew any license issued
under this Chapter upon anY of the following grounds:
a. False statements on anv applicatian or other information or report
required by this Chapter to be Given by the applicant or licensee.
b. Failure to pay anv license, penalty, reinspection or reinstatement fee
required by this Chapter and City Council resolution.
c. Failure to correct deficiencies noted in a notice of violation issued
pursuant to Chapter 1005 of this code, within the time specified in the
notice.
d. Any other violation of this Chapter.
(1) Suspension, revocation, denial and non-renewal may be
brought under this Subdivision, Subdivision 9, or both.
e. A decision to suspend, revoke, 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 oiven the
opportunity for a hearing before the City Council before final action to
suspend. revoke, deny, or not renew a license. The Council shall give due
regard to the freauency and seriousness of violations, the ease with which
such violations could have been remedied or avoided, and good faith
efforts to comply and shall issue a decision to suspend, revoke, deny or
not renew a license only upon written findings.
f. The City Council may suspend, revoke, deny or not renew a license for
part or all of a facility.
Upon decision to suspend. revoke, deny or not renew a license. no
new application for the same facility will be accepted for a period specified
in the Council's written decision, not exceeding one year. Such new
applications must be accompanied by a reinstatement fee, as established
by City Council Resolution, in addition to all other fees reauired by this
Chapter.
h. A written decision to suspend. revoke. 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 maw be relet or
occupied. Suspension, revocation, denial 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. Failure to comply with all
terms of this Chapter during the term of such suspension, revocation,
Page 15
denial or non-renewal is a misdemeanor and grounds for extension of the
term of such suspension revocation denial or continuation of non-
renewai or for a decision not to reinstate the license, notwithstanding anv
limitations of the period of suspension revocation denial or non-renewal
specified in the City Council's written decision..
. ,
s~+spe~s+en-~
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1012.03: INSPECTIONS:
Subd. 1. Inspections: The Enforcement Officer shall be authorized to make or
cause to be made inspections to determine the condition of {icensed
premises in order to safeguard the health, safety morals and welfare of
the public The Enforcement Officer or authorized representatives, shall
be authorized to enter anv licensed premises at any reasonable time for
the purpose of performing the officer's duties under this Chapter. The
owner operator or the person in charge of the licensed premises sha11
give the Enforcement Officer free access to such licensed premises at a{I
reasonable times for the purpose of such inspection examination and
• survey If the owner operator or person in charge thereof shall refuse to
consent to the inspection the license may be suspended, revoked, denied
Page 16
S or non-renewed pursuant to Section 1012.02 Subdivision 9 of this
Chapter. If the occupant refuses to consent to the inspection, a search
warrant may be obtained where there is probable cause to believe that a
violation exists within the particular structure. 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
such endangered persons or property.
1012.04: VIOLATION AND PENALTIES:
Subd 1 Violation and Penalties: Any violation of any provision of this Chapter
sha{I constitute a misdemeanor. Each day the structure is in violation of
this Chapter shall be deemed a separate offense. In addition to the
punishment specified in this subdivision, the City may enforce this code by
an appropriate form of civil action and may enjoin violation of this chapter
and compel obedience thereto by mandatory orders and writs and cause
the premises to be vacated, if occupied in violation thereof, and to remain
vacant until the court shall find that the violation has ceased, and fior these
purposes any court of competent jurisdiction may render, enter, make and
issue any and every appropriate Ludgment, decree, writ and order and
cause the same to be executed.
r~
SECTION 4. This Ordinance becomes effective thirty (30) days after its
publication in the official City newspaper.
•
Page 17
ti ~
First read by the City Council of the City of Mounds View on this 8th day of
March, 2004.
Read and adopted by the City Council of the City of Mounds View this 22"a
day of March, 2004.
ATTEST:
(SEAL)
•
Page 18
urt Ulrich, City Clerk-Administrator
APPROVED AS TO FORM:
., °.
Level "A" Certification
All the requirements of Level "C" and "B" certification with the following additions.
1. The additional items will be added to those established in level "B" certification
section 4, criminal background investigations.
a. Statewide MN covering the previous 3 years history.
b. Previous states of residence for previous 3 years history.
2. The property is Certified as "Crime Free Multi Housing" as defined by the
International Crime Free Association; Crime Free Multi Housing Program. Said
certification involves the following.
a. The property has implemented the 7 minimum requirements of the Crime
Prevention Through Envirorunental Design (OPTED) as prescribed by the
International Crime Free Association, Crime Free Multi Housing Program.
Tlus shall be evidenced by submission of invoices showing repairs completed,
work orders, and other documentation. Additionally, an evaluation of the
premises may be completed to verify this component of certification.
b. The property has established a community crime watch, as prescribed by the
International Crime Free Association, Crime Free Multi Housing Program.
•
•
Level "B" Certification
All the requirements of Level "C" certification, with the following additions.
1. The property owner or designated representative shall attend a minimum of 50% of
New Brighton/Mounds View Property Managers' Coalition meetings. @ 12 meetings
per year 50%=6 meetings
2. No required reinspections for the property in the multiple dwelling licensing
program--One initial inspection and one follow up inspection.
3. The property owner or designated representative shall attend and complete none-day
(8 hour) training course as prescribed by the International Crime Free Association;
Crime Free Multi Housing Program. The information contained in the seminar is a
compilation of experience and proven methods from professional rental property
managers, lawyers, and police officers. Evidence of completion of this course shall be
provided in the form of a certificate of completion. Certificate should be dated witlun
the past 5 years or a refresher course is recommended.
4. The property completes criminal background investigations on residents who are
completing a rental application and/or will be occupying the premises. Criminal
• background investigations shall include the following elements.
a. Must be done "in person" or recent update.
b. MN seven county metro previous 3 years history.
•
4
S Level "C" Certification
1. Property owner or a designated representative shall attend a minimum of 25% of New
Brighton/Mounds View Property Managers' Coalition meetings. @ 12 meetings per
year 25%=3 meetings.
2. Licensee or applicant shall have paid the required license fee in a timely manner, as
defined in the ordinance.
3. Rental dwelling units shall not exceed the maximum number of dwelling units
permitted by the zoning code.
4. The owner shall not allow weeds, vegetation, junk, debris, or rubbish to accumulate
repeatedly on the exterior of the premises so as to create a nuisance condition under
Chapter 607 of the City Code. Issuance of three or more notice-of-violations during
the previous licensing period regarding violations of Chapter 607 of the City Code is
to be used as a basis for determination of compliance with of this requirement.
•
•
•
State of 1Vgnnnesota ~ SS
Couanty off' Rarrnsey
Keri Solseth ,being duly sworn, on oath, says that
•
he/she is the publisher or authorized agent and employee of the publisher of the newspaper known
as NEW RRICTHT(~N BT TT,T,RTTN ,and has full knowledge of the facts which are
stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printed ORDINANCE
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for 1 successive weeks; it was first published on WED. ,the 31ST day of
l~'lAR• 20 04 ,and was thereafter printed and published on every to and including
the day of , 20 ;and printed below is a copy of the lower case alphabet
from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the
composition and publication of the notice:
*ABCDEFGHIJKLMNOPORSTUVWXYZ
*ABCDEFGHIJKLMNOPORSTUV W XYZ
*abcdefghijklmnopgrstuvwxyz
' ACCOUNTING ASSOCIATE
•
Subscribed and sworn to before me on
sT MAR 04 IL~
this 31 day f , 20
Notary Public
''Alphpbet should be in the same size and kind of type as the notice.
^
IYOFkRY~k.EC-HNte~a~k~4TA RATE INFORMATION
~9f:oerrn ~irea.tan. 3t, 20M1.~ ~
a
(1) Lowest classified rate paid by
commercial users for comparable space ......................................
(2) Maximum rate allowed by law for the above matter...........
BY:
(3) Rate actually charged for the above matter ..............
.$24.00 per col. inch
....................$20.49 per col. inch
............$ per col. inch
1 /04
•
Mounds View
ORDINANCE N0.731
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF AAINNESOTA
AiJ `t)RbINdtNCE' ~DetE1'ING W ^ RS
ENTIRETY,i~i~~:~~`81Kt3f~b TAE
MOUNDS ;X~)M ~~'~`;~OQE
~
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PERTAINING ,,,TQ~,.",,,MQIlS
MAINTENANCE A'ND MUL E
DWELLMdG LICENSING, ENACTING A
NEW CHAPTER 1005 ADOPTING THE
2003 INTERNATIONAL PROPERTY
MAINTENANCE CODE WITH
AMENDMENTS AND ENACTING A
NEW CHAPTER 1012 REGULATWG
MU4TIPLP, lJWELLING LICENSING
THE CITY AF MOUNDS VIEW
ORDAINS:
SECTION 1: The following shall
~: reprq§ent a sumrr~ry of this ordinance
:::8nd'shall be published, along with the
ordinance title, in -lieu of the.. whole
ordinance as permitted by Mounds vew •
CHy Charter $ectlon 3.07:
Ordinance 731 adopts the 2003 edition
of the International Property Maintenance
Code, promu~ated by the Mlemational
Code Coundl inc., by reference, and
incorporates into the city code in whole
as if it was set out in full, sub%ect to
amendments, as the Property
Maintenance Code for the City of Mounds
View. A copy of said International
Property Maintenance Code is on file in
the Office of the Clerk-Administrator.. The
,Code provides for minimum .building,
plumbing, mechanical, electrical and
~ health maintenance ntqui-ements for ell
residential buildings within the City. The
code is also utilized in con%unct/on With
rental housing licensing programs and
genera! building upkeep. Provisions
regarding the licensing and regulation of
..certain rental properties were deleted
from Chapter 1005 and inserted in a
newly cleated Chapter f012. The
provisioi-s of Chapter 1012 raequire thy'
all residential buildings desigrted~•,t ~
operated primadly as rental house
.two: (2) or more dwelling units
multiple dwelling license. ~
b
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e ~
~
The fuH ordinance can
HaH or on the City's we O~
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htto://www.cl
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(Bulletin: Mar. 31~6~, '~
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