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HomeMy WebLinkAboutCity Council Ordinance 1993-18CITY OF PLYMOUTH ORDINANCE NO. 93-18 AN ORDINANCE ADDING SECTION 405 OF THE PLYMOUTH CITY CODE TO HOUSING MAINTENANCE; REPEALING EXISTING SECTION 410 AND ADDING A NEW SECTION 410 RELATING TO RENTAL DWELLING LICENSES. THE CITY COUNCIL OF THE CITY OF PLYMOUTH DOES HEREBY ORDAIN AS FOLLOWS: Section 1. New Section 405 is hereby added to the Plymouth City Code as follows: Section 405.00. Purpose. The purpose of this ordinance is to protect the public health, safety and the general welfare of the people of the City. These general objectives include, among other, the following: Subd. 1. To protect the character and stability of, residential areas within the City; Subd. 2. To correct and prevent housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health of the occupants or of neighbors; Subd. 3. To provide a minimum standards for heating, lighting, ventilation and sanitary equipment necessary to protect the health and safety of occupants of buildings; Subd. 4. To prevent the overcrowding of dwellings; Subd. 5. To preserve the value of land and buildings throughout the City. Except as otherwise specifically provided by the terms of this ordinance, it is not the intent of the City Council to intrude upon the accepted contractual relationship between tenant and landlord. The City Council does not intend to intervene as an advocate of either party, to act as an arbiter, nor to receive complaints from tenant or landlord which are not specifically and clearly relevant to the provisions of this ordinance. In the absence of such ordinance relevancy, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of the City government. In enacting this ordinance it is not the intention of the City Council to interfere or permit interference with personal privacy rights. Section 405.05. Applicability of Ordinance. This ordinance establishes minimum standards for maintaining dwelling units, accessory structures and related premises. This ordinance is intended to provide standards for rental housing and to provide standards to allow resolution of complaints regarding owner -occupied housing. Section 405.10. Definitions. The following definitions shall apply in the interpretation and enforcement of this ordinance. Subd. 1. Accessory Use or Structures: A non-residential use or structure subordinate to, and serving the principal use or structure on the. same lot and customarily incidental thereto. 1 Subd. 2. Building. Any structure having a roof which may provide shelter or enclosure for persons, animals, or chattel, and when said structure is divided by party walls without openings, each portion of such building so separated shall be deemed a separate building. Subd. 3. Compliance Official. The City Manager and his designated agents authorized to administer and enforce this ordinance. Subd. 4. Dwelling. A building or one or more portions thereof occupied or intended to be occupied for residential purposes; but not including rooms in motels, hotels, nursing homes, boarding houses, trailers, tents, cabins or trailer coaches. Subd. 5. Dwelling Unit. A single family dwelling or unit designed to accommodate one family. Subd. 6. Family. An individual, or two or more persons each related by blood, marriage, adoption, or foster children, living together as a single housekeeping unit; or a group of not more than five (5) persons not so related, maintaining a common household and using common cooking and kitchen facilities. Subd. 7. Flush Water Closet. A toilet with a bowl and trap made in one piece, which is connected to the city water and sewer system or other approved water supply and sewer system. Subd. 8. Garbage. As defined and regulated in Chapter VI of the City Code. Subd. 9. Habitable Building. Any building or part thereof that meets minimum standards for use as a home or place of abode by one or more persons. Subd. 10. Habitable Room. A room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, unfinished basements, (those without required ventilation,- required electrical outlets and required exit facilities), pantries, utility rooms of less than 50 square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces, and workshops, hobby and recreation areas in parts of the structure below ground level or in attics. Subd. 11. Heated Water. Water heated to a temperature of not less than 110 degrees Fahrenheit, or such lesser temperature required by government authority, measured at faucet outlet. Subd. 12. Kitchen. A space intended for food preparation which contains a sink with counter working space, space for installing cooking and refrigeration equipment, and space for the storage of cooking utensils. Subd. 13. Maintain or Maintenance. Upkeep of property in a sanitary condition and upkeep of equipment in a safe working condition for which it was installed and/or constructed. Subd. 14. Multiple Family Dwelling. A dwelling or portion thereof containing two or more dwelling units. 3 Subd. 15. Occupant. Any person (including owner or operator) living, sleeping, cooking and/or eating in a dwelling unit or living and sleeping in a rooming unit. Subd. 16. Operate. As used in this ordinance, the term 'operate" means to charge a rental charge or other form of compensation for the use of a unit in a rental dwelling. Subd. 17. Qperator. The owner or his/her agent who has charge, care, control, or management of a building, or part thereof, in which dwelling units or rooming units are let. Subd. 18. Owner. Any person, firm, partnership, corporation or other legal entity which alone, jointly, or severally with others, shall be in actual possession of, or have charge, care or control of, any dwelling, dwelling unit, or rooming unit within the City as owner, employee or agent of the owner, or as trustee or guardian of the estate of person of the title holder. Any person representing the actual owner shall be bound to comply with the provisions of this ordinance to the same extent as the owner. Subd. 19. Permissible Occupancy. The maximum number of persons legally permitted to reside in a dwelling unit or rooming unit. Subd. 20. Person. An individual, firm, partnership, association, corporation, company, joint venture, organization or other legal entity of any kind. Subd. 21. Plumbing. All of the following supplied facilities and equipment in a building: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar fixtures and the installation thereof, together with all connections to water, sewer and gas lines. Subd. 22. Premises. A platted lot or part thereof or unplatted parcel of land, and adjacent right- of-way either occupied or unoccupied by any building, including accessory structures. Subd. 23. Public Hall. A hall, corridor or passageway for providing egress from a dwelling unit to a public way and not within the exclusive control of one family. Subd. 24. Rental Dwelling. As used in this ordinance, is a dwelling for hire, but does not include hotels, motels, hospitals and homes for the aged. Subd. 25. Repair. Is the reconstruction or renewal of any part of an existing building or its utilities, facilities or equipment for the purpose of its maintenance. Subd. 26. Rodent Harborage. A place where rodents commonly live, nest, or establish their habitat. Subd. 27. Rooming Unit. Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes. Subd. 28. Rubbish. As defined and regulated by Chapter VI of the City Code. 3 Subd. 29. Safety. The condition of being reasonably free from danger and hazards which may cause accidents or disease. Subd. 30. Substandard Dwelline. Any dwelling which does not conform to the minimum standards established by City Ordinances. Subd. 31. Supplied. Paid for, furnished by, provided by or under the control of the owner, operator, or agent of a dwelling. Subd. 32. Meaning of Certain Words. Whenever the words "dwelling," "dwelling unit," "premises," or "structure" are used in this ordinance, they shall be construed as though they were followed by the words "or any part thereof. " Section 405.15. General Responsibilities of Owners and Occupants. No owner or other person shall occupy or let to another person any dwelling, dwelling unit or rooming unit unless it and the premises are fit for human occupancy and comply with all applicable legal requirements of the State of Minnesota and the City of Plymouth, and the provisions of the following subdivisions: Subd. 1. Maintenance of Shared or Public Areas. Every owner of a dwelling containing two or more swelling units shall maintain or shall provide for maintenance of the units' shared or public areas of the dwelling and premises thereof. Subd. 2. Maintenance of Occupied Areas. Every occupant of a dwelling, dwelling unit or rooming unit shall maintain that part of the dwelling, dwelling unit and premises thereof that he/she occupies and controls. Subd. 3. Responsibility of Occupant for Storage and Disposal of Garbage and Rubbish. Every occupant of a dwelling, dwelling unit or rooming unit shall store and dispose of all rubbish and garbage and any other organic waste which might provide food for insects and/or rodents in a manner as prescribed by Chapter VI of the City Code. Subd. 4. Responsibility of Owner for Storage and Disposal of Garbage and Rubbish. Every owner of a multiple family dwelling shall supply on-site facilities for the storage and/or disposal of rubbish and garbage. In the case of single or two-family dwellings, it shall be the responsibility of the occupant to furnish such facilities as prescribed by Chapter VI of the City Code. Subd. 5. Responsibility for Storm and Screen Doors and Windows. The owner of a rental dwelling unit or rooming unit shall be responsible for providing, maintaining and hanging all screens and storm doors and storm windows whenever the same are required under the provisions of this ordinance. Subd. 6. Responsibility for Pest Extermination. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of vermin infestations and/or rodents on the premises. Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his/her dwelling unit is the only one infested. Notwithstanding, however, whenever infestation is caused by the failure of the owner to maintain a dwelling in a reasonable rodent -proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more dwelling units in any 4 dwelling or in the shared or public parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner. Subd. 7. Rodent Harborages Prohibited in Occupied Areas. No occupant of a dwelling, dwelling unit or rooming unit shall accumulate boxes, firewood, lumber, scrap metal or any other single materials in such a manner that may provide a rodent harborage in or about any dwelling, dwelling unit or rooming unit. Outside stored materials shall be stacked neatly in piles at least 4 inches off bare soil or ground. Subd. 8. Rodent Harborage Prohibited in Public Areas. No owner of a dwelling containing two or more dwelling units shall accumulate or permit the accumulation of boxes, firewood, lumber, scrap metal or other similar materials in such a manner that may provide a rodent harborage in or about shared or public areas of a dwelling or its premises. Materials stored outside by the owner or permitted to be stored by the owner shall be stacked neatly in piles at least 4 inches off bare soil or ground. Subd. 9. Prevention of Food for Rodents. No owner or occupant of a dwelling, dwelling unit or rooming unit shall store, place or allow to accumulate any materials that may serve as food for rodents in a site accessible to rodents. Subd. 10. Maintenance of Plumbing Fixtures and Facilities. The owner and/or occupant of a dwelling unit shall maintain all supplied plumbing fixtures and facilities therein. Subd. 11. Minimum Heating Capability and Maintenance. In every dwelling unit or rooming unit when the control of the supplied heat is the responsibility of a person other than the occupant, a temperature of at least 68 degrees Fahrenheit or such lesser temperature required by government authority shall be maintained at a distance of three feet above the floor and three feet from exterior walls in all habitable rooms, bathrooms and water closet compartments from September 15 to May 1. Subd. 12. Removal of Snow and Ice. The owner of any rental dwelling shall be responsible for the removal of snow and ice from parking lots and/or driveways, steps and walkways on the premises. Individual snowfalls of three inches or more or successive snowfalls accumulating to a depth of three inches shall be removed from walkways and steps within 48 hours after cessation of the snowfall. Subd. 13. Minimum Exterior Lighting. The owner of a rental dwelling or dwellings shall be responsible for providing and maintaining effective illumination in all exterior parking areas and walkways. Subd. 14. Maintenance of Driving and Parking Areas. The owner of a multiple family dwelling or dwellings shall be responsible for providing and maintaining in good condition, paved and delineated parking areas and driveways for tenants. Section 405.20. Equipment and Facility Standards for Rental Dwellings or Dwelling Units. No person shall rent or let to another for occupancy, any dwelling or dwelling units for the purposes of living, sleeping, cooking and eating therein which does not comply with the following requirements: 5 Subd. 1. Kitchen Sink Provide a kitchen sink in good working condition, which is properly connected to an approved water supply system, which provides at all times an adequate amount of heated and unheated running water under pressure and which is connected to an approved sewer system in compliance with Chapter VII of the City Code. Subd. 2. Cabinets/Shelving. Provide cabinets and/or shelves for the storage of eating, drinking and cooking equipment and utensils and for food that does not require refrigeration; and a counter or table for food preparation. Said cabinets and/or shelves and counter or table shall be of sound construction furnished with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food equipment or utensils. Subd. 3. Stove/Refrieg rator. Provide a stove or similar device for cooking food and a refrigerator or similar device for the safe storage of food which requires refrigeration, which are properly installed with all necessary connections for safe, sanitary and efficient operation. Such stove, refrigerator or similar devices need not be installed when a dwelling unit is not occupied and when the occupant is expected to provide same on occupancy, in which case sufficient space and adequate connections for the installation and operation of said stove, refrigerator or similar device must be provided. Subd. 4. Toilet Facilities. Within every dwelling unit there shall be a nonhabitable room which is equipped with a flush water closet in compliance with the Minnesota State Plumbing Code. Such room shall have an entrance door which affords privacy. Said flush water closet shall be equipped with easily cleanable surfaces, shall be connected to an approved water system that at all times provides an adequate amount of running water under pressure to cause the water closet to be operated properly, and shall be connected to a sewer system in compliance with Chapter VII of the City Code. Subd. 5. Lavatory Sink. Within every dwelling unit there shall be a lavatory sink. Said lavatory sink may be in the same room as the flush water closet, or if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which said water closet is located. The lavatory sink shall be in good working condition and shall be properly connected to an approved water system and shall provide at all times an adequate amount of heated and unheated running water under pressure and shall be connected to a sewer system in compliance with Chapter VII of the City Code. Subd. 6. Bathtub or Shower. Within every dwelling unit there shall be a nonhabitable room which is equipped with a bathtub or shower in good working condition. Such room shall have an entrance door which affords privacy. Said bathtub or shower may be in the same room as the flush water closet, or in another room, and shall be properly connected to an approved water supply system and shall provide at all times an adequate amount of heated and unheated water under pressure and shall be connected to a sewer system in compliance with Chapter VII of the City Code. Subd. 7. Permissible Occupancy of Dwelling Unit. The maximum permissible occupancy of any rental dwelling unit shall be determined as follows: a. For the first occupant, 150 square feet of habitable room floor space and for every additional occupant thereof, at least 100 square feet of habitable room floor space. b. In no event shall the total number of occupants exceed two times the number of habitable rooms, less kitchen, in the dwelling unit. C. Not more than one family, except for temporary guests, shall occupy a dwelling unit. An Owner or Operator may adopt standards that reduce the maximum allowed occupancy of a dwelling unit from the standards set forth herein. Section 405.25. Equipment and Facility Standards for Rental Dwellings Dwelling Units or Rooming Units. Subd. 1. Door Locks. No person shall rent or let to another for occupancy any dwelling, dwelling unit or rooming unit unless all exterior doors of the dwelling, dwelling unit, or rooming unit are equipped with safe, functioning locking devices. Multiple family dwellings shall have a security system which maintains locked building entrances or foyer doors and locked doors leading from hallways into individual dwelling units. Dead -latch type door locks shall be provided with releasable lever knobs (or doorknobs) on the inside of building entrance doors and with key cylinders on the outside of building entrance doors. Building entrance door latches shall be of a type that are permanently locked. Every door that provides ingress or egress for a dwelling unit within a multiple family dwelling shall be equipped with a lock that has a deadlocking bolt that cannot be retracted by end pressure, provided, however, that such door shall be openable from the inside without the use of a key or any special knowledge or effort. All multiple family dwellings in existence at the time this chapter is adopted; which were not previously required to have such a security system, shall not be subject to the requirements of this Section. Subd. 2. Access to Dwelling Unit or Rooming Unit. Access to or egress from each dwelling unit shall be provided without passing through any other dwelling unit. Access to each rooming unit shall be provided without passing through any other rooming unit. Subd. 3. Safety from Fire. An owner, operator or agent of a rental dwelling shall be responsible to comply with the applicable provisions of the Fire Prevention Code of the city in keeping open all fire lanes established by the City. Section 405.30. Equipment and Facility Standards for Dwellings and Rooming Units Rented or Owner -Occupied. No person shall occupy as owner, occupant or let to another person for occupancy any dwelling, dwelling unit or rooming unit, for the purposes of living therein, which does not comply with the following requirements. Subd. 1. Stairways Porches and Balconies. Every stairway, inside or outside of a dwelling, and every porch or balcony shall be kept in safe condition and sound repair. Every flight of stairs and every porch and balcony floor shall be free of deterioration. Every stairwell and every flight of stairs which is more than three risers high shall have handrails installed 30 to 34 inches high, measured vertically from the nose of the stair tread to the top of the handrail. Every porch, balcony or deck which is more than 30 inches high shall have a guardrail at least 36 inches above the floor of the porch or balcony. Every handrail and guardrail shall be firmly fastened and maintained in good condition. No flight of stairs shall have settled out of its intended position or have pulled away from the supporting or adjacent structures enough to cause a hazard. No flight of stairs shall have rotting, loose or deteriorating supports. Except spiral and winding stairways, 7 the treads and risers of every flight of stairs shall be essentially uniform in width and height. Stairways shall be capable of supporting a live load of 100 pounds per square foot of horizontal projection. Subd. 2. Habitable Room Ventilation. Except where there is supplied some other device affording ventilation and approved by the Compliance Official, every habitable room shall have at least one window facing directly outdoors which can be opened easily. The minimum total of openable window area in every habitable room shall be the greater of 4 % of the floor area of the room or four square feet. Subd. 3. Nonhabitable Room Ventilation. Every bathroom and water closet compartment, and every laundry and utility room shall contain at least 50% of the ventilation requirements for habitable rooms contained in Subdivision 1 above, except that no windows shall be required if such rooms are equipped with a ventilation system which is approved by the Compliance Office. Subd. 4. Electric Service. Outlets and Fixtures. Every dwelling unit and rooming unit and all public and common areas shall be supplied with electric service, functioning overcurrent protection devices, electric outlets, and electric fixtures which are properly installed, which shall be maintained in a safe working condition, and shall be connected to a source of electrical power in a manner prescribed by the ordinances, rules and regulations of the City and by the laws of the State of Minnesota. The minimum capacity of such electric service and the minimum number of electric outlets and fixtures shall be as follows: a. A dwelling containing one or more dwelling units shall have at least the equivalent of 60 ampere, three -wire electric service per dwelling unit. b. Each dwelling unit shall have at least one branch electric circuit for each 600 square feet of dwelling unit floor area. C. Every habitable room shall have at least one floor or wall type electric convenience outlet for each 60 square feet or fraction thereof of total floor area, and in no case less than two such electric outlets, provided, however, that one ceiling or wall -type light fixture maybe supplied in lieu of one required electric outlet. d. Every water closet compartment, bathroom, kitchen, laundry room, and furnace room shall contain at least one supplied ceiling or wall type electric light fixture and every bathroom, kitchen and laundry room shall contain at least one electric convenience outlet. e. Every public hall and stairway in every rental dwelling shall be adequately lighted by natural or electric light at all times, so as, to provide effective illumination. Every public hall and stair in structures containing not more than two dwelling units may be supplied with conveniently located light switches controlling an adequate lighting system which may be turned on when needed, instead of full-time light; f. A convenient switch or equivalent device for turning on a light in each dwelling unit or rooming unit shall be located near the point of entrance to such unit. Subd. 5. Minimum Thermal -Standards. No person shall occupy as owner, occupant or let to another for occupancy any dwelling, dwelling unit, or rooming unit for the purpose of living 8 therein, which does not have heating facilities which are properly installed and maintained in safe and working condition and which are capable of safely heating all habitable rooms, bathrooms and water closet compartments in every dwelling unit located therein to a temperature of at least 68 degrees Fahrenheit at a distance of three feet above floor level and three feet from exterior walls at normal weather condition. Gas or electric appliances designed primarily for cooking or water heating purposes shall not be considered as heating facilities within the meaning of this section. Portable heating equipment employing flame and the use of liquid fuel or the use of portable electric heaters does not meet the requirements of this section and is prohibited. No owner or occupant shall install, operate or use a space heater employing a flame that is not vented outside the structure in an approved manner. Subd. 6. Foundations, Exterior Walls and Roofs. The foundation, exterior walls and exterior roof shall be substantially water tight and protected against vermin and rodents and shall be kept in sound condition and repair. The foundation element shall adequately support the building at all points. Every exterior wall shall be free of structural deterioration or any other condition which might admit rain or dampness to the interior portion of the walls or to the interior spaces of the dwelling. The roof shall be tight and have no defects which admit rain and roof drainage shall be adequate to prevent rain water from causing dampness in the walls. All exterior surfaces, other than decay resistant materials, shall be protected from the elements and decay by paint or other protective covering or treatment. If approximately 25% or more of the total exterior surface is unpainted or lacks a protective coating or is determined by the Compliance Official to be deteriorated, the surface shall have a protective covering applied. If approximately 25 % or more of the total exterior surface of the pointing of any brick, block or stone wall is loose or has fallen out, the surface shall be repaired. Subd. 7. Windows. Doors and Screens. Every window, exterior door and hatchway shall be substantially tight and shall be kept in repair. Every window other than a fixed window or storm window shall be capable of being easily opened. Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction as to completely exclude rain, vermin and rodents from entering the building. Subd. 8. Floors, Interior Walls and Ceilings. Every floor, interior wall and ceilings shall be protected against the passage and harborage of vermin and rodents and shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or rotted flooring materials. Every interior wall and ceiling shall be maintained in a tight weatherproof condition. Toxic paint and materials with a lasting toxic effect shall not be used. Every toilet room and bathroom floor surface shall be capable of being easily maintained. Subd. 9. Rodent Proof. Buildings found to be rodent infested shall be made rodent resistant. All openings in the exterior walls, foundations, basements, ground or fust floors and roof which have a 112" diameter or larger opening shall be rodent -proofed in an approved manner. Interior floors or basements, cellars and other areas in contact with the soil shall be paved with concrete or other rodent impervious material. Subd. 10. Fence Maintenance. All fences supplied by the owner on the premises and all fences erected by an occupant on the premises shall consist of metal, wood, masonry or other decay resistant material. Fences shall be maintained in good condition. Materials, other than decay resistant varieties, shall be protected against decay by use of paint or other preservatives. E Subd. 11. Accessory Structure Maintenance. Accessory structures shall be structurally sound and be maintained in good repair. The exterior of such structures shall be made weather resistant through the use of decay -resistant materials such as paint or other preservatives. Subd. 12. Safe Building Elements. Every foundation, roof, floor, exterior and interior wall, ceilings, inside and outside stair, every porch and balcony, and every appurtenance thereto, shall be safe to use and capable of supporting normal structural loads. Subd. 13. Facilities to Function. All equipment or utilities required under City Ordinances and every chimney and flue shall function effectively in a safe and working condition. Subd. 14. Grading and Drainage. Every yard, court, or passageway on the premises on which a dwelling stands shall be graded and drained so as to be free of standing water that constitutes a detriment to health and safety. Subd. 15. Yard Cover. Every yard of a premises on which a dwelling stands shall be maintained to prevent dust and erosion. Subd. 16. Landscape Condition. Each dwelling shall be maintained by its owner, occupant, operator or agent so that the yards, open spaces and parking facilities are kept in a safe and attractive condition. Where a conditional use permit has been granted, the landscaping shown on the approved landscaping plan shall be considered as minimal and shall be maintained accordingly. Any deviation to species or material shall be equal to or better than originally approved. Section 405.35. Enforcement and Inspection Authority. The Compliance Official shall administer and enforce the provisions of this ordinance. Inspections shall be conducted during reasonable hours and the Compliance Official shall present evidence of his/her official capacity to the owner or occupant in charge of a dwelling unit at the time of inspection. The Compliance Official shall keep confidential all evidence, exclusive of the inspection record, which he/she may discover or obtain in the course of an inspection made pursuant to this section and such evidence shall be considered privileged. Section 405.40. Inspection Access. If any owner, occupant, or other person in charge of a dwelling, dwelling unit, rooming unit, or of a multiple dwelling fails or refuses to permit free access and entry to the structure or premises under his/her control, or any part thereof, with respect to which an inspection authorized by this ordinance is sought to be made, the Compliance Official may, upon a showing that probable cause exists for the inspection and for the issuance of an order directing compliance with the inspection requirements of this section with respect to such dwelling, dwelling unit, rooming unit, or multiple dwelling, petition and obtain such order from a court of competent jurisdiction. Section 405.45. Unfit for Human Habitation. Subd. 1. Any dwelling, dwelling unit or rooming unit or portion thereof which is damaged, decayed, dilapidated, unsanitary, unsafe, vermin or rodent infested or which lacks provisions for basic illumination, ventilation or sanitary facilities to the extent that the defects create a hazard to the health, safety or welfare of the occupants or of the public may be declared unfit for human habitation. Whenever any dwelling, dwelling unit or rooming unit has been declared unfit for human habitation, the Compliance Official shall order same vacated within a reasonable time and to shall post a placard on same indicating that it is unfit for human habitation, and any operating license previously issued for such dwelling shall be revoked pursuant to law. Subd. 2. It shall be unlawful for such dwelling, dwelling unit or rooming unit or portion thereof to be used for human habitation until the defective conditions have been corrected and written approval has been issued by the Compliance Official. It shall be unlawful for any person to deface or remove the declaration placard from any such dwelling, dwelling unit or rooming unit. Section 405.50. Secure Unfit and Vacated Dwelling. The owner of any dwelling, dwelling unit, or rooming unit which has been declared unfit for human habitation or which is otherwise vacant for a period of thirty (30) days or more shall make the same safe and secure so that it is not hazardous to the health, safety and welfare of the public and does not constitute a public nuisance. Any vacant dwelling open at doors, windows, or wall opening, if unguarded shall be deemed to be a hazard to the health, safety and welfare of the public and a public nuisance within the meaning of this ordinance. Section 405.55. Hazardous Building Declaration. In the event that a dwelling has been declared unfit for human habitation and the owner has not remedied the defects within a prescribed reasonable time, the dwelling may be declared a hazardous building and may be removed, razed or corrected pursuant to the provisions of Minnesota Statutes, Sections 463.15 to 463.26. Section 405.60. Correction Order. Whenever the Compliance Official determines that any dwelling, dwelling unit or rooming unit or portion thereof is in violation of this or any other ordinance, he/she may issue a Correction Order setting forth the violations of the ordinance and ordering the owner, occupant, operator or agent to correct such violations. This Correction Order shall: Subd. 1. Be in writing. Subd. 2. Describe the location and nature of the violations of this ordinance. Subd. 3. Establish a reasonable time for the correction of such violation and notify the owner of his/her appeal recourse. Subd. 4. Be served upon the owner or his/her agent or the occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon any such occupant, if a copy thereof is: a. Served upon him/her personally; or b. Sent by registered mail to his/her last known address; or C. Upon failure to effect notice through (1) or (2) as set out in this section, service may be made pursuant to Minnesota Statutes 463.17, Subd. 2, which reads as follows: "Service. This order shall be served upon the owner of record, or the owner's agent if an agent is in charge of the building or property, and upon the occupying tenant, if there is one, and upon all lien holders of record, in the manner provided for service of a summons in a civil action. If the owner cannot be found, the order shall be served upon the owner by posting it at the main entrance to the building or, if there is no building, in a conspicuous 11 place on the property, and by four weeks' publication in the official newspaper of the municipality if it has one, otherwise in a legal newspaper in the county." Section 405.65. Right of Appeal. When it is alleged by any person to whom a Correction Order is directed that such Correction Order is based upon erroneous interpretation of this ordinance, or upon a misstatement or mistake of fact, such person may appeal the Correction Order to a Board of Zoning Adjustments and Appeals as established by Section 305.07 of the City Code. The Board as an advisory body shall forward their recommendation to the City Council. Such appeals must be in writing, must specify the grounds for the appeal, must be accompanied by a filing fee as designated by the City Council in cash or cashier's check, and must be filed with the Compliance Official within five (5) business days after service of the Correction Order. The filing of an appeal shall stay all proceedings in furtherance of the action appealed from unless such a stay would cause imminent peril to life, health or property. Section 405.70. Board of Appeal's Decision. Upon at least five (5) business days' notice to the appellant of the time and place for hearing the appeal and within 30 days after said appeal is filed, the Board of Appeals shall hold a hearing thereon. The Board of Appeals may recommend to the City Council that the order be reversed, modified or affirmed in whole or in part. Section 405.75. Restrictions on Transfer of Ownership. It shall be unlawful for the owner of any dwelling, dwelling unit or rooming unit upon whom a pending Correction Order has been served to sell, transfer, mortgage or lease or otherwise dispose thereof to another person until the provisions of the Correction Order have been complied with, unless such owner shall furnish to grantee, lessee or mortgagee a true copy of any notice of violation or Correction Order and shall obtain and possess a receipt of acknowledgment. Anyone securing an interest in the dwelling, dwelling unit or rooming unit who has received notice of the existence of the Correction Order shall be bound by same without further service of notice upon him and shall be liable to all penalties and procedures provided by this ordinance. Section 405.80. Penalties. Any person who fails to comply with a Correction Order after a right of appeal has expired and any person who fails to comply with a modified Correction Order within the time set therein, upon conviction therefor, shall be guilty of a misdemeanor. Each day of such failure to comply shall constitute a separate punishable offense. Section 405.85. Execution of Correction Orders by Public Authority. Upon failure to comply with a Correction Order within the time set therein, and no appeal having been taken, or upon failure to comply with a modified Correction Order within the time set therein, the criminal penalty established hereunder notwithstanding, the City Council after due notice to the owner may be resolution cause the cited deficiency to be remedied as set forth in the Correction Order. The cost of such remedy shall be alien against the subject real estate and may be levied and collected as a special assessment in the manner provided by Minnesota Statutes Chapter 429, for any of the reasons set forth in Section 429.101, Subd. 1, and specifically for the removal or elimination of public health or safety hazards from private property, but the assessment shall be payable in a single installment. It is the intent of this section to authorize the City to utilize all of the provisions of Section 429.101 to promote the public's health, safety and general welfare. Section 405.90, Severability Clause. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. 12 Section 2. Repealing existing Section 410 in its entirety: MON M• • ■ (S - Indicated Deleted Text) Section 3. A new Section 410 is hereby added to the Plymouth City Code as follows: Section 410.00. Purpose. It is the purpose of this ordinance to protect the public health, safety and welfare of citizens of the City who have as their place of abode a living unit furnished to them for the payment of a rental charge to another by adopting licensing regulations for all rental dwellings in the City. Section 410.05. Definitions. For the purposes of Section 410.00 et. seg., the terms defined in this section shall have the meanings given them in the subdivisions which follow: Subd. 1. Rental Dwelling. As used in this ordinance the term "rental dwelling" shall mean any rental dwelling with one or more living units. "Rental dwelling" does not include hotels, motels, hospitals and homes for aged. Subd. 2. 012erate. As used in this ordinance, the term 'operate" means to charge a rental charge or other form of compensation for the use of a unit in a rental dwelling. Section 410.10. License Required. No person, firm, partnership, corporation or other legal entity shall operate a rental dwelling in the City without first having obtained a license. The license is issued each year and is valid until the date of expiration. Section 410.15. Application for Licenses. Applications for licenses shall be made in writing on forms provided by the City and accompanied by the fee amounts as established by the City Council. Such application shall be submitted at least sixty (a60) days prior to the expiration date of the license, and shall specify the following: Subd. 1. Name and address of the owner of the rental dwelling. In cases where the owner of a rental dwelling lives outside of Hennepin County limits, the registration shall be made by an operator who shall be legally responsible for compliance with this and other ordinances and such operator shall live in Hennepin County. Subd. 2. Name and address of any operator or agent actively managing said rental dwelling. Subd. 3. Name and address of all partners if the registrant is a partnership. Subd. 4. Name and address of all officers of the corporation if the registrant is a corporation. 13 Subd. 5. Name and address of the vendee if the rental dwelling is owned or being sold on a contract for deed. Subd. 6. Legal address of the rental dwelling. Subd. 7. Number and kind of units within the rental dwelling classified as dwelling units, tenement units, or rooming units or other. Subd. 8. Name and address of on site operating manager if any. Section 410.20. AATnlication, Execution. The application shall be subscribed and sworn to be the applicant before an officer duly qualified to take oaths and shall be made by the owner if such owner is a natural person; if the owner is a corporation by an officer thereof; if a partnership by one of the partners; and if an unincorporated association, by the manager or managing officer thereof. Section 410.25. License Renewal. Notwithstanding the application signature requirements of Section 410.20, renewals of the license as required annually by this code may be made by filling out the required renewal form furnished by the City Manager to the owner, operator or agent of a rental dwelling and mailing said form together with the required registration fee to the City Manager. Section 410.30. License Fees. Such license fees shall be in the amount set by the Council from time to time. Section 410.35. Posting. Every registrant of a rental dwelling shall post the annual license issued by the City Manager. The annual license shall be conspicuously posted (in a frame with a glass covering) by the registrant, in a public corridor, hallway or lobby of the rental dwelling for which they are issued. Section 410.40. Maintenance Standards. Every rental dwelling shall maintain the standards in Chapter 405 Housing Maintenance Code in addition to any other requirement of the ordinance of the City or special permits issued by the City, or the laws of the State of Minnesota. Section 410.45. Revocation or Suspension. Subd. 1. Every license or permit issued under this ordinance is subject to the right, which is hereby expressly reserved, to suspend or revoke the same should the license holder or their agents, employees, representatives or lessees directly or indirectly operate or maintain rental dwellings contrary to the provisions of this ordinance or any other ordinance of the City or any special permit issued by the City or the laws of the State of Minnesota. Subd. 2. The license may be suspended or revoked by the City Council after a written notice is sent to the license holder specifying the ordinance or law violations with which they are charged. This notice shall also specify the date for hearing before the City Council, which shall not be less than 10 days from the date of the notice. Subd. 3. At such hearing before the City Council, the license holder or their attorneys may submit and present witnesses on their behalf. 14 Subd. 4. After a hearing the City Councit may suspend or revoke the license if they deem it necessary to protect the public health, safety or general welfare. Section 410.50. Summary Action. Subd. 1. When the condition of the rental dwelling of any license holder or their agent, representative, employee or lessee is detrimental to the public health, safety and general welfare as to constitute a nuisance, fire hazard or other unsafe or dangerous condition and thus give rise to an emergency, the Compliance Official shall have the authority to summarily condemn or close off such area of the rental dwelling. Subd. 2. Any person aggrieved by a decision of the Compliance Official to cease business or revoke or suspend the license or permit shall be entitled to appeal to the City Council immediately, by filing a Notice of Appeal. The Manager shall schedule a date for hearing before the City Council and notify the aggrieved person of the date. Subd. 3. The hearing shall be conducted in the same manner as if the aggrieved person had not received summary action. Subd. 4. The decision of the Compliance Official shall not be voided by the filing of such appeal. Only after the City Council has held its hearing will the decision of the Compliance Official be affected. Section 410.55. Applicable Laws. Licenses shall be subject to all of the ordinances of the City and the State of Minnesota relating to rental dwellings; and this ordinance shall not be construed or interpreted to supersede or limit any other such applicable ordinance or law. Section 4. Effective Date. This ordinance is effective upon approval by the City Council of the City of Plymouth. Adopted by the City Council this 1st day of November. 1993. ATTEST City Clerk Published: Plymouth Sailor 12-22-93. mayor 15