HomeMy WebLinkAboutCity Council Packet 05-24-1993 SpecialCITY COUNCIL STUDY SESSION
MONDAY, MAY 249 1993
5:00 P.M.
5:00 P.M. I. HOUSING CODE & RENTAL INSPECTION
H. LICENSING PROGRAM
III. YOUTH CENTER PROPOSAL
Agenda Number:
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
TO: Dwight Johnson, City Manager
FROM: Building Official Jo R n rough Community Development Director
Charles E. Dillerud
SUBJECT: BUILDING CODE COMPLAINTS
DATE: May 20, 1993 For City Council Study Meeting of May 24, 1993
ACTION REQUESTED:
Adoption of the attached Resolution establishing city policy regarding
building code violation complaints on existing buildings; and, adoption of
the attached Ordinance to amend the City Code regarding fees for this
inspection service.
BACKGROUND:
At a recent City Council Forum, a realtor expressed dissatisfaction with the
manner in which the Building Division handles requests from the general
public on issues involving potential code deficiencies of existing
residential dwellings. The realtor felt that the City should be in the
position to provide inspectional services of this nature when such inquiries
are made.
The Council directed staff and the City Attorney to review the issue and
develop recommendations to address the proposal.
DISCUSSION:
In a letter dated December 15, 1992 the City Attorney has concluded that the
City should act when a credible claim of a Building Code violation has been
brought to it's attention. Upon review of the City Attorney's letter,
several other issues surfaced which I felt needed further clarification.
The most significant were:
o The matter in which the City establishes credibility of a claim
that a building is not in conformance with the Building Code.
o Whether the City would be liable if a discovered violation is a
result of a City oversight.
o Whether a correction should be ordered when there is a violation of
today's code but not the code at the time of original construction.
o Whether the City could charge a fee for inspection of property.
On January 20, 1993, the City Attorney responded in writing, suggesting that
the Building Inspection Division consider creating a policy for reviewing and
evaluating complaints prior to conducting actual inspections; and, that such
complaints:
o Be in writing
o Be of sufficient specificity
o Include information regarding the technical aspects of the defect
The opinion further implied that the City would not be liable for any
oversight of a discovered code violation as long as the oversight was not
arbitrary and capricious; that issued corrections of deficient work only
apply to the Building Code sections in place at the time of original
construction; and, that the City may charge a fee for the inspection of
property.
BUDGET IMPACT:
Provision of inspection services regarding Building Code violations in
existing structures was not anticipated in preparation and adoption of the
1993 Building Division Budget. Based on the volume of requests we currently
experience, a minimum of 150 such inspections could be expected. With public
knowledge we are now providing this service, the volume will likely increase.
The service is proposed to be fee -supported. The Uniform Building Code
suggested $30 per hour will be compensatory. During 1993 the revenue from
the service will not be matched by a budget appropriation, however. We will
be required to utilize our "temporary salaries" appropriation for this
purpose. Our personnel contingency will be eroded accordingly - we did not
need to use those funds in 1992, however.
In subsequent budgets we will propose an annual appropriation to match the
anticipated annual revenues for the service.
ALTERNATIVES:
We continue to be concerned with the possibility that this procedure could
result in an unreasonable financial burden on a property owner where a
complaint surfaces and the complaint is inconsequential; or, found to be
invalid upon inspection. Alternatives that would potentially address this
circumstance include the following:
1. Waiver of payment for the inspections where no Code violation is found.
It would remain here a certain risk that City Inspectors would be faced
with implication that they are pressured to find an infraction in order
for the City to collect the inspection fee. Fiscal consequences could
potentially be tied to the integrity of the inspection itself.
2. Requiring inspections to be carried out responsive to this ordinance by
a private sector inspection service. In this case the fee for the
inspection would likely be higher and the option would not be available
to waive the fee should no infraction be found.
RECOMMENDATION:
Based on the response the City Attorney, I recommend that we begin the
implementation of a program to provide services relative to Building Code
complaints. I have attached a policy resolution concerning the handling and
processing of Building Code complaints for review and adoption by the City
Council.
The City Council should consider the alternatives with respect to how the
inspections would take place and how the fee for such inspections could be
handled to provide staff some direction in this regard which can be
incorporated in the ordinance should the process now prescribed therein be
found not to be appropriate.
ATTACHMENTS:
1. Policy Resolution
2. Ordinance to Amend the City Code - Fees
3. Fee Schedule
4. City Attorney Letter of 12/15/92
5. City Attorney Letter of 1/20/93
cc/jr/building)
CITY OF PLYMOUTH
RESOLUTION 93-
A RESOLUTION TO ESTABLISH POLICY FOR THE HANDLING AND PROCESSING OF BUILDING
CODE COMPLAINTS
Whereas, the City Council desires to establish general guidelines for the
handling and processing of Building Code complaints regarding existing
buildings.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL .FOR THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does establish the policy that
the Building Inspection Division operate within the following guidelines when
responding to potential Building Code complaints received from the general
public:
1. Individuals requesting inspectional services by the Building Inspection
Division on matters concerning potential Building Code violations in
existing buildings must submit to the City, in writing, the following
information together with required fee:
o The address of the property.
o The property owner's name and telephone number.
o The complainant's name, address andd h9ne number.
o The nature of the specific problems) in questions.
o How the complainant became aware of the defect(s).
Telephone inquires which appear to be of an immediate hazard, should be
directed to the Assistant Building Official for immediate action.
2. All letters of request are to be submitted to the Assistant Building
Official for review. The Assistant Building Official will determine
whether the request warrants an inspection.
3. The Assistant Building Official will respond in writing to the
complainant informing them of the Building Division determination
regarding the violation of the complaint. If no inspection is
required, the fee will be returned.
4. If an inspection is necessary, the Assistant Building Official will
schedule it.
5. The inspector is to document his/her findings, and forward the
information to the Assistant Building Official.
6. The Assistant Building Official will determine whether any findings
noted are in violation of the code. If so, he will send a letter to
the property owner requesting compliance within a specified time frame.
7. The Building Division is to maintain a suspense file, route a copy of
the letter to the Assistant Building Official on the day compliance was
requested, and reschedule an inspection of the property.
8. The inspector will again document his/her findings to the Assistant
Building Official.
9 If requested compliance has not been met, the Assistant Building
Official will again inform the property owner in writing, of the need
to obtain compliance. The Building Official is to be copied on this
letter.
10. A re -inspection will again take place on the property to determine
whether compliance has been achieved, following the same steps as
referenced above. The Assistant Building Official will inform the
Building Official if a violation continues to exist.
11. If the preceding steps do not result in a correction of the violation,
the Building Official will provide the City Attorney's office with all
correspondence, requesting that appropriate action be taken.
12. The Building Division staff is to maintain a file of all building code
complaints by chronological date order.
Adopted by the City Council on February 22, 1993.
bu/codecomplaints)
CITY OF PLYMOUTH
ORDINANCE NO. 93 -
AN ORDINANCE AMENDING THE PLYMOUTH CITY CODE RELATING TO PERMIT PROCEDURES AND FEES AS
Section 1. The Plymouth City Code, Section 1015.11 is amended to read:
1015.11. General Rule. Subdivision 1. Building Permits, awd Plan Review and other
Inspection Fees. Building permit and plan review are those set forth in Subdivision 2.
Subd.2. Fees
City Geuneil-
1W591-09W te $2,000.00 $15.00 fer the first $500 -GO plu5 $1.75 fee each additie
r te and i-neluding $2000.00.
2091-900 te $25,000.09 $38.75 fef the fifst r 999-90 plus $7.50 eaeh additi
009.001,000.00 ef fraetien thefeef, ,
25r r r
additienal r
50,^nn
60,991.00 te r r 09 lus 75 fef h
additienal r
100,090.9().
tcla 090 P!
r r r
r g
r r r00ter ,
500901qW1 ther
4,4990,009.00.
andrr r 25 fer the first $1,090,099-00
thadCndns , r
e4(b)Bui1ding Permit Fees. The following schedule of building permit fees shall be
effective beginning January 1, 1988 and remain effective until revoked by action of the
City Council.
Total Valuation Fee
1.00 to $500.00 15.00
501.00 to $2,000.00 15.00 for the first $500.00 plus $2.00 for each additional
100.00 or fraction thereof, to and including $2000.00.
2001.00 to $25,000.00 45 for the first $2,000.00 plus $9.00 each additional
1,000.00 or fraction thereof, to and including $25,000.00
25,001.00 to $50,000.00 252.00 for the first $25,000.00 plus $6.50 for each
additional $1,000.00 or fraction thereof, to and including
50,000.00.
50,001.00 to $100,000.00 414.50 for the first $50,000,.00 plus $4.50 for each
additional $1,000.00 or fraction thereof, to and including
100,000.00.
100,001.00 to $500,000.00 639.50 for the first $100,000.00 plus $3.50 for each
additional $1,000.00 or fraction thereof, to and including
500,000.00.
500,001.00 to $1,000,000.00 $2,039.50 for the first $500,000.00 plus $2.75 for each
additional $1,000.00 or fraction thereof, to and including
1,000,000.00.
1,000,001.00 and up $3,539.50 for the first $1,000,000.00 plus $2.25 for each
additional $1,000.00 or fraction thereof, to and including
500,000.00.
c) Other Inspections and Fees. Fees Required by this section shall be:
Inspections for which no fee is specifically indicated - $30 per Hour
Minimum Charge 1 Hour)
Reinspection Fee - $30 per Hour
Minimum Charge 1 Hour)
Section 3.
City Council.
Effective Date. This Ordinance shall take effect upon approval by the
Adopted by the City Council day of .
ATTEST
City Clerk
Bold - Indicates New Text
Strut - Indicates Deleted Text
File
ord:code.1015)
Mayor
1988 EDITION
TABLE NO.3-A—BUILDING PERMIT FEES
3-A
TOTAL VALUATION FEE
S 1.00 to $500.00 S15.00
5501.00 to S2,000.00 S 15.00 for the first 5500.00 plus 52.00 for each additional
100.00 or fraction thereof, to and including 52.000.00
S2,001.00 to 525,000.00 545.00 for the first 52.000.00 plus 59.00 for each addi-
tional 51,000.00 or fraction thereof. to and including
525,000.00
525,001.00 to $50,000.00 S252.00 for the first 525,000.00 plus 56.50 for each addi-
tional 51,000.00 or fraction thereof, to and including
550,000.00
550,001.00 to $100,000.00 414.50 forthe fins 550.000.00 plus 54.50 foreach addi-
tional 51,000.00 or fraction thereof. to and including
5100,000.00
S100,001.00 to $500,000.00 5639.50 for the first 5100.000.00 plus 53.50 for each
additional S 1,000.00 or fraction thereof
S500.00 1.00 to 52039.50 for the first S500.000.00 plus 53.00 for each
51,000,000.00 additional 51.000.00 or fraction thereof, to and including
1,000.000.00.
S1,000,001.00 and up 53539.50 for the first S 1.000.000.00 plus 52.00 for each
additional $1.000.00 or fraction thereof
Other Inspections and Fees:
I . Inspections outside of normal business hours ..................530.00 per hour*
minimum charge—two hours)
2. Reinspection fees assessed under provisions of
ection 305 ) ..... $30.00 per hour*
3. Inspections for which no fee is specifically
indicated...............................................S;0.00 per hour*
minimum charge --on -half hour
4. Additional plan review required by changes. additions
or revisions to approved plans ..............................530.00 per hour*
minimum charge—one-half hour)
Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include
supervision, overhead, equipment. hourly wages and fringe benefits of the employees
involved.
19
12-15-1992 15:39 612 339 bUUI bLbI.:fLANAOAN H•02
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Mr. Frank Boyles
Acting City Manager
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
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December 15, 1992
BY FACSIMILE
RE: Point of Sale Inspections
Dear Frank:
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Thank you for your recent letter regarding the initiation of
a point of sale inspection program. You have asked us to suggest
ways in which you can continue to serve the residents by
inspecting hazardous structures without, at this point, requiring
point of sale inspections. As an example, you brought up the
situation with Mr. Farrarra, a real estate agent, who brought to
the City's attention a house addition which apparently did not
have a building permit. You also ask us to address liability
issues.
City Code S 400.01(1) adopts the Minnesota Building Code.
The Minnesota Building Code is set forth in Minnesota Statute$
S 16B.59 through 168.73 and under rules promulgated by the
Commissioner of Administration (Minnesota Rules 1300.0100, et.
seq.). In turn, the state statute adopts the Uniform Building
Code. Although the state code adopts the UHC which is the most
current edition," and the most current edition currently is a
1991 edition, I confirmed with the State Building Inspector that
they continue to use the 1988 UBC. In addition, the City Code has
adopted the 1988 UHC as the basis for the building code. See
Plymouth City Code S 400.01(3) and Minnesota Rules 1300.0400.
Using the City Code, the state statutes and state rules as
our basis, it is clear that the municipality is required to
enforce the building code. Minnesota Statutes S 16B.62(1) states
that all municipalities "shall adopt and enforce the state
building code with respect to new construction within their
respective jurisdictions." The scope of the state building code
12- 1`i i 1":39 612 339 1_3897 t3FSTO1 LANA(jAN P.03
Mr. Boyles
December 15, 1992
Page 2
includes "alterations," "repairs" of any building within the
municipality. Minnesota Rule 1300.1500 and UBC 104(b). The City
Code and UBC makes it unlawful to enlarge or alter any building or
structure in violation of the provisions therein. UBC S 205 and
City Code S 400.09. Therefore, any person who enlarges or alters
their home and fails to obtain a required permit, is in violation
of the City Code and state law and if such violation is brought to
the attention of the City, action should be taken.
The City is not required to inspect homes•simply because
title is changing hands. Even if a realtor or potential buyer
asks the City to inspect a home, it should not do so unless the
City has reason to believe that there is a building code
violation. once the City is notified of a potential violation, it
should act to inspect the property. How that inspection is
conducted and problems corrected, is largely left to the
discretion of the building official. The building official is
required to administer and enforce the municipal codes faithfully
exercising sound judgment. However, courts will not interfere
with the exercise of that discretion unless the discretion is
abused. See McQuillan, Muni-i2al Corporations, S 24.554.
I realize a difficult situation presents itself when the
structure has been completed without the benefit of a building
permit. The City is faced with the difficult decision of whether
the alterations should be wholly or partially dismantled in order
to make sure the building was built in conformance with the
building code. However it is clear that it is the duty of a
builder to cause work to remain accessible and exposed for
inspection purposes. See S 305(a). If work is not done properly,
then the building official has the right and duty to order that
the work be corrected. See S 305(d). As such, the City has the
right to make the owner expose work, if necessary, to insure
compliance with the Code. of course, the City should minimize, as
much as possible, the damages resulting from the inspection.
However it is the owner's failure to obtain the proper permits
that has caused the resulting damage, if any. If the owner fails
to comply with an inspection order, the City has a number of
options available, including criminal charges or requiring the
nonconforming structure be taken down.
By consistently enforcing the building code, we believe the
City, in fact, reduces legal liability concerns. A municipality
is fulfilling its public duty in the course of examining or
inspecting buildings for fire or other hazards dangerous to the
419' 1`i:40 612 339 SHY? C4E`_ I1 ILANAGAN P.04
Mr. Boyles
December 15, 1992
Page 3
public. The City cannot be held liable for negligent examination
or inspection unless special circumstances exist to create a
special duty to individual members of the public. ecraft v,
City of St Louis Park, 279 N.W.2d 801 (Minn. 1979). A conscious
exercise of some selectivity in the enforcement of a municipal
ordinance, based on a rational exercise of policy or prosecutorial
discretion, or even a mere laxity in enforcement, does not itself
establish a constitutional violation. See State v -Va nais,
202 N.W.2d 657 (Minn. 1972). However, an intentional or
deliberate decision by public officials not toenforcemunicipal
ordinance regulations against a class of violators expressly
included within the terms of such regulation constitutes a denial
of the constitutional guaranty of equal protection of the laws.
1,12. And so equal protection issues might be raised if the City
fails to enforce the building code against those persons who fail
to get the necessary building permit and proceeded with
construction, as opposed to those people who have obtained a city
building permit. Simply, the City should consistently apply the
City building code to all residents of the City.
We conclude that the City is at greater legal risk in not
enforcing the building code against those people who proceeded
with a building project without a permit. The City should require
exposure of necessary elements to assure compliance with the
code. Failure to follow the City requests should result in
prosecution or an order that the structure be dismantled.
However, the City is not required to simply inspect the buildings
because a sale is taking place, at least under the current code.
Instead, the City should act when a credible claim of a violation
is brought to its attention.
If you have any questions regarding the above, please don't
hesitate to contact me.
y very truly,
e Meller, Jr.
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BY TELEFAX
Mr. Charles Dillerud
clf. Plannin(1 and Community ty Deve 1 off "Crit
City c'•t itlymouth
34OU Pl ymr uth boulc:vi1 '
Plyn:our.h, 47
F': Point of ,ale Inspections
Dear ChLiCk:
Pc!r our, conversation of this morning, the purpose of this
letter in answer the questions you have raised as a follow up to
t„ December 15, 1992 latter to Frank.
7'he first issue you raise is how the City establishes the
credibility of a claim that a building is nc,t in conformance with
th< C:t.y building code. As is so often the case, the basic:
princihlc which should guide the City i:; to avoid acting
arbitrarily or capriciously. A conscious exercise of some
sele(-'%Avity in entorcement is permitted. (Mata Vadnais, 202
fi.W.2d 657 (19?2)). We suggost that the (:it.y building inspection
departnic:rat create a standard for reviewing complaints of a Code:
violation. That standard can require that information submitted
be of sufficient specificity to allow the City to determine that
there is it likelihood that a violation exists (including
information on the technical aspects of the defect as well as how
the complainant cane to know of the detect) before the City will
go out and do an actual inspection. T was unable to find any
authority for or against requiring the complaint he "certified" by
a licensed private inspector. While the requirement of involving
a private inspector is more likely to be challenged, this office
would (Wand such a requirement as reasonable.
You next ask whether the City would be liable if the
discovered violation is the result of a City oversight:. The
issuance of a building permit does not tllake the City an insurer
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January 20, 1993 -
BY TELEFAX
Mr. Charles Dillerud
clf. Plannin(1 and Communityty Deve 1 off "Crit
City c'•t itlymouth
34OU Pl ymr uth boulc:vi1 '
Plyn:our.h, 47
F': Point of ,ale Inspections
Dear ChLiCk:
Pc!r our, conversation of this morning, the purpose of this
letter in answer the questions you have raised as a follow up to
t„ December 15, 1992 latter to Frank.
7'he first issue you raise is how the City establishes the
credibility of a claim that a building is nc,t in conformance with
th< C:t.y building code. As is so often the case, the basic:
princihlc which should guide the City i:; to avoid acting
arbitrarily or capriciously. A conscious exercise of some
sele(-'%Avity in entorcement is permitted. (Mata Vadnais, 202
fi.W.2d 657 (19?2)). We suggost that the (:it.y building inspection
departnic:rat create a standard for reviewing complaints of a Code:
violation. That standard can require that information submitted
be of sufficient specificity to allow the City to determine that
there is it likelihood that a violation exists (including
information on the technical aspects of the defect as well as how
the complainant cane to know of the detect) before the City will
go out and do an actual inspection. T was unable to find any
authority for or against requiring the complaint he "certified" by
a licensed private inspector. While the requirement of involving
a private inspector is more likely to be challenged, this office
would (Wand such a requirement as reasonable.
You next ask whether the City would be liable if the
discovered violation is the result of a City oversight:. The
issuance of a building permit does not tllake the City an insurer
Mr. Charles E. Dillerud
January 20, 1993
page 2
against def.ecLive construction. ( of ert v. Ow 1'q_wne
Mn.tc l, Iri.j, 199 N.W.2d 158 (1972)). This is true even if: the
City charges for inspections. As such, Lhe city would not be
linhlc for an oversight so long as the oversight is not the result
of a program which is overall defective (i.e., capricious and
arbitrary).
what if a condition i.s a violation under today's Code, but_
was not a violation at the time of constructi.on7 Building codes
only apply to construction which takes place after tiiE adoption of
the: building code. (Pangol.3s...v. _Cly t., 297 N.W. •741 (1941)) .
The constructionmust be viewed in Lerms of t:hc 1Codc sections in
pl.Ie:e- at the time of construction. As you mentioned, the cods
chanyc: all of tile: time and ma»y current: buildings arc! not. in
conformance with current building standards. Any new
c:ol,struc;Lion, including rie-mode ling Or rebuilding would h vc to be
in conformance with the current building code.
rhe City can charge a Lee for inspection of property. Who
should be charged Lhe tee is a closer call. perhaps the charge
could be made against Lhe property owner if a violation is found
and against the complainant if no violation is found. I would
like to get your thouqhts on LhaL. obviously, it is more
difficult to collect. a feee from a complainant if he himself is not
a property owner.
Once you have had jj chance Lo review the above, please don't
hesitate to call 'It(: with any question:; or c:onunents. Bob
apologizes for being unable to talk with you directly an he has
bee--ri in dr.:positions .
Sincerely yours,
Paul E. Kaminski
PEK/kd/7276K
cc: Mr. Robert L. Meller, Jr.
Mr. Frank Boyles
Agenda Number:
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
TO: Dwight Johnson, City Manager
FROM: Housing Inspector Warren Kulesa through Community Development
Director Charles E. Dillerud
SUBJECT: RENTAL HOUSING LICENSING AND INSPECTION PROGRAM
DATE: May 20, 1993 For City Council Study Meeting of May 24, 1993
1. NO OF RENTAL HOUSING UNITS
During the February 22 Council Meeting several members of the Council
requested that staff undertake the project to determine an exact number of
single family rental properties within the City. Through the use of a
survey it was determined that there are approximately 175 single family
homes in the City of Plymout!i which are rental properties. In addition,
staff also took a look at the other numbers concerning rental properties
within the City. Currently there are 32 two-family dwellings; 16 3/4 -family
dwellings; and, approximately 154 multi -family buildings containing 5,078
rental units.
2. SHOULD THIS PROGRAM BE SELF-SUFFICIENT?
Several Councilmembers questioned the goal of self-sufficiency for this
program. Up to the Council meeting fees had been calculated with the goal of
self-sufficiency in mind. Fees also had been calculated using the
assumption that there are approximately 1,180 single family rental
dwellings. Using the current number of rental dwellings as compiled by
staff and applying those to the old fee schedules, the program will fall
quite short of self-sufficiency.
In looking at the proposed fees by the Focus Group the program would have a
self-sufficiency shortfall of $59,025. In looking at the proposed fees by
staff the program would fall short by $37,135.
To obtain self-sufficiency fees would have to be raised dramatically from
the current proposed fees. Single family fees would go from $55 to $125;
two-family dwelling fees would go from $75 to $150; 3/4 -family dwelling fees
would go from $100 to $175; and, multi -family building fees would go from
100 to $175 with each multi -family unit fee changing from $5 per unit to $7
per unit. Using the new fees a surplus of $221 would be obtained.
In contacting other cities with similar programs it is common that the
program through fees recovers anywhere from 50 to 75 percent of its total
costs. Only the cities of Brooklyn Park and Richfield have programs which
are currently self-supporting through fees.
3. COMPLAINT BASED PROGRAM
Currently there are no other programs which include licensing of rental
properties that conduct inspections on a complaint basis only. The reason
behind this is that housing maintenance programs are seen as programs that
are designed to maintain all property within the City at a certain level,
especially those properties which are rental in nature. In addition a
complaint based system will only work if tenants are very diligent in
reporting problems that occur at their properties. Due to several reasons
such as very low rent or simply the ability to move out of the unit tenants
may forego reporting problems rather than reporting them. A complaint based
system also lends itself to allowing properties to become run down to such a
state where the only solution is to demolish the property. Under a
maintenance program all properties within the City are held to a certain
level of expectation as to their condition.
4. NUMBER OF INSPECTIONS TO BE CONDUCTED
At the Council meeting several Councilmembers, as well as speakers,
questioned the amount of service they would receive especially the number of
multi -family units which would be inspected. Now that staff has learned
that they are approximately 175 rental homes in the City it is much easiertodeterminethenumberofrentalunitsthatcouldbeinspectedeachyear.
Due to the sheer size 5,078 rental units it would be impossible for one
inspector to inspect each unit every year. However, staff is confident that
approximately 1/3 of all the multi -family rental units could be gone through
each year, setting up the multi -family properties on a 3 -year inspection
cycle.
5. PROPERTY TAX BURDEN
The subject of property taxes and the amount
pay in comparison to homesteaded properties w
Currently multi -family rental properties have
This compares to 2.5 percent which is charged
townhouse and single family properties which w
another element involving the property tax bu
property.
that multi -family properties
is brought up several times.
a tax rate of 3.4 percent.
to non -homesteaded duplexes,
Auld all be rental. However,
den is the valuation of the
A very good example of this would be Sunrise Bay Condominiums and Medicine
Lake Apartments, both located within the City of Plymouth, located directly
across the street from one another and very similar in amenities as well as
construction. A non -homesteaded rental condo unit at Sunrise Bay would have
a tax value of approximately $50,000 while an apartment unit at Medicine
Lake Apartments would have a tax value of $25,000. The condo unit, with its
tax rate of 2.5 percent, would pay $1,250 in taxes, while the apartment unit
with a tax rate 3.4 percent would pay $850 in property taxes. Therefore, on
very similar properties, the rental condo unit would pay approximately 1/3
more in taxes than would the apartment unit. In addition, the movement of
the Legislature has been to slowly bring down the tax rate on multi -family
rental properties to bring it more in line with other non -homestead
properties.
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MEMO I—A
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: February 16, 1993 For City Council Meeting of February 22, 1993
TO: Dwight Johnson, Cit Manager
Joe R an through Community Development DirectorFROM: Buildin ci 1 Jo y g y
Charles E. i erud
SUBJECT: RENTAL SING LICENSING AND INSPECTION PROGRAM
ACTION REQUESTED: Adoption of the attached ordinances consisting of a
Housing Maintenance Code; a Rental Dwelling License Code; and, a Fee
Schedule for Rental Dwelling Licenses.
BACKGROUND:
Responsive to direction of the City Council earlier this year, Housing
Inspector Warren Kulesa and I have prepared a customized Housing Maintenance
Code that is focused on our needs in Plymouth and is designed to replace
current Section 410 of our City Code.
Model ordinance provisions from several neighboring communities were used
during the preparation and design of our proposed ordinances. The contents
and requirements contained in our proposed code sections are similar to
those of other municipalities whose ordinances we reviewed.
On December 21, 1992, we mailed a letter to all apartment owners within the
City advising them of the City's intent to adopt a formal Housing
Maintenance and Rental Licensing Code early in 1993. A draft version of
each proposed ordinance was enclosed with the letter; and, apartment owners
were invited to attend an informational meeting on January 6, 1993 to
discuss the various provisions contained in each ordinance as well as to
discuss the process by which the City proposed to administer the program. A
tentative schedule for the implementation and administration of the programs
was also included.
At the meeting of January 6, 1993, a focus committee was formed from the
group to receive input, share information, and discuss various code
provisions.
Two subsequent meetings were held with members of the focus group and,
responsive to their concerns, various revisions to the draft ordinance were )
prepared by the City Attorney's office.
On January 21, 1993, a letter was mailed to all apartment owners which
identified the members of the focus group, and contained updated information
concerning the progress of our meetings.
On January 26, 1993, we met for the last time with members of the focus
group. The purpose of this meeting was to discuss the proposed fee schedule
for the Rental Housing License Program. Members of the focus group were
provided with my memo of August 4, 1992, which was used in anticipation of
the 1993 budget, together with a copy of the 1993 adopted budget for the
Protective Inspection Program.
DISCUSSION:
As provided for in my letter of December 21, 1992, we are on schedule to
begin the implementation and administration of the programs, which is as
follows:
By the end of March, 1993 - Notify all possible apartment owners (listed as
non -homestead" in the assessor's record) of the existence of the Housing
Maintenance Code and Rental Licensing Administrative Program. Rental owners
would be given 60 days to either advise us that their property is no longer
rented, even though it is listed as "non -homestead", or submit a simple
first year rental housing licensing application and the fees established in
the City Code.
Beginning in June, 1993 - Inspections of rental dwellings will begin with
the order of inspection (and resulting license anniversary date) being
established by a lottery selecting among the first year rental licenses that
are issued. The purpose of the lottery is to spread the inspection load
over the 12 month period.
Beginning in June, 1993 and extended to June, 1994 - Once the Housing
Inspector has completed his inspection and generated a list of deficiencies
the property owner will be provided approximately 12 months to correct those
deficiencies - the date in 1994 upon which his/her initial rental license
expires.
BUDGET IMPACT:
The members of the focus group raised concern regarding the proposed fee
amounts and felt that the fees should be reduced since the total operating
budget approved by the City Council was less than originally proposed.
The consensus of the focus group was that the program should be self-
supporting, and further implied that the proposed fee for multi -family
buildings should be reduced, since apartment complex owners already pay more
taxes than single family property owners in the City.
The focus group recommended the proposed fee schedule (as indicated in my
memo of August 2, 1992) be revised as follows:
Staff Focus Group
Proposal Proposal
1 family dwelling $ 75.00 $ 75.00
2 family dwelling $100.00 $ 75.00
3 or 4 family dwelling $125.00 $100.00
5 or more family dwelling $125.00 + $6.00 $100.00
per unit
Based on the total number of dwelling units estimated by my memo of August
4, 1992, the estimated total amount of revenue generated by license fees as
recommended by the focus group would equal $96,850, which is greater than
the 1993 adopted budget amount of $91,400.
Although the recommended fee amounts proposed by the focus group appear to
generate enough revenue to support the program, we feel that the figures
used may be somewhat deceiving in that the 1,180 non -homestead single family
dwellings may not all be rental properties. Since an unknown percentage of
these properties are either vacant or in a transition of a sale, the fee
schedule proposed by the focus group may not generate enough revenue for the
program to be self-supporting as originally desired by the City Council.
I have revised the original fee schedule which reduces the dollar amounts in
each of the categories of rental properties as follows:
Estimated Revenues $127,918.00 $96,850.00 $96,440.00
The total revenues from both the current staff proposal and the focus group
are nearly identical. The current staff proposal relies more on multi-
family buildings than single family rentals for revenue due to the
uncertainty regarding the true of single family rentals that exist.
The attached comparison of fees with other communities shows that our
proposed fee schedule places us near the average of fees charged on a
comparable basis by other communities.
RECOMMENDATION:
Based on the revisions made by the City Attorney, I recommend the City
Council adopt new sections 405 (Housing Maintenance) and 410 (Rental
Dwelling Licenses) of the City Code and adopt the revised fee schedule
ORIGINAL FOCUS GROUP
RENTAL CATEGORIES STAFF PROPOSED PROPOSED PROPOSED FEES
1 Family Dwelling 75.00 75.00 55.00
2 Family Dwelling 100.00 75.00 75.00
3 or 4 Family Dwelling 125.00 100.00 100.00
5 or More Family Dwelling 125.00 + $6.00 100.00 100.00
per unit 5.00 per unit
Estimated Revenues $127,918.00 $96,850.00 $96,440.00
The total revenues from both the current staff proposal and the focus group
are nearly identical. The current staff proposal relies more on multi-
family buildings than single family rentals for revenue due to the
uncertainty regarding the true of single family rentals that exist.
The attached comparison of fees with other communities shows that our
proposed fee schedule places us near the average of fees charged on a
comparable basis by other communities.
RECOMMENDATION:
Based on the revisions made by the City Attorney, I recommend the City
Council adopt new sections 405 (Housing Maintenance) and 410 (Rental
Dwelling Licenses) of the City Code and adopt the revised fee schedule
provided to offset our administrative costs to provide the delivery of such
services. An ordinance amendment to accomplish this is also attached.
ATTACHMENTS:
1. Ordinance to Amend the City Code Regarding Housing Maintenance and
Rental Licensing
2. Ordinance to Amend the City Code Regarding Fees for Rental Licensing
3. Communications with Apartment Owners of January 21, 1993 and December
21, 1992
4. City Council Minutes of December 21, 1992
cc/jr/housing)
CITY OF PLYMOUTH
ORDINANCE NO. . .
AN ORDINANCE AMENDING SECTION 1010.01 OF THE PLYMOUTH CITY CODE RELATING TO
LICENSE FEES
THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS:
Section 1. Subsection 1010.01 Subdivision 10 of the Plymouth City Code
is added to read:
Subd. 10. Rental Dwellings.
One Family Dwelling 55.00
Two Family Dwelling 75.00
Three or Four FamilyDwelling 100.00
Five or More Family Dwelling 100.00, plus $5.00 per unit
Section 2. Effective Date. This Ordinance is effective upon approval by
the City Council of the City of Plymouth.
Adopted by the City Council this 22nd day of February 1993.
ATTEST
City Clerk
Mayor
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CITY OF PLYMOUTH
ORDINANCE NO. 93- . .
AN ORDINANCE ADDING SECTION 405 OF THE PLYMOUTH CITY CODE RELATING 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. I. 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 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 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. ¢pr)licability 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. .
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. Dwel11n . 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. B. GarbaQe. 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
electric 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.
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. ORerator. 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.
Subd. 29. Safety. The condition of being reasonably free from danger
and hazards which may cause accidents or disease.
Subd. 30. Substandard Dwelling. 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 Occupant. 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 dwelling 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 organicwastewhichmightprovidefoodforinsectsand/or rodents in a manner as
prescribed by Chapter VI of the City Code.
Subd. 4. Responsl 01ip V OT n T I is --' ------
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 thehof case of
the
occupants
or
to furnishsh
two-family dwellings
faci 1 i ti es
task
responsibilityall
be the
prescribed
by Chapter VI of the City Code.
Subd. 5. Responsibility for Storm and Screen Doors and 4 nArtwc 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 of the dwelling units in any 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 similar 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. B. 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 any 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 I.
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.
Sued. 13. Minimum Exteriorr Lighting.
providing
owner of dwelling or
dwellings shall be responsiblefor andmaintaining 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. EGUIpment angIi I TV YEWn T 1
Dwelling Units. No person shall rent or let to another for occupancy, any
dwelling or dwelling unit for the purposes of living, sleeping, cooking and
eating therein which does not comply with the following requirements:
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/Refrigerator. 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 Faci 1 i ti es . 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 waand shall
r under beessure to
connected
ctose the
a
sewerater systemoint
compliance rwith
properly,
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 and 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
the
dwelling shall
Preventi on
responsible
odeof the
comply
cicity i n
hthe
keepikeeping open all
provisions
fire lanes
t
established by the City.
Section 405.30. Ecluipment angtaciiuv ZOILCITIUCLI
Units Rented or Owner -Occupied. 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 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 i
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. Excepting spiral and winding stairways, 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
directlyiwindow
rareah
i
nh
can be oened
every habita room lshal 1The the
minimum
openable
great
total
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 requirement for habitable rooms contained in
Subdivision qabove,
wi
thexcept
that no
venti 1 ati on
windows
system
shall
whi ch bi s
requiredpproved i
by
Such
the
rooms are equipped
Compliance Official.
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 be have a 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 lightswitchescontrollinganadequatelightingsystemwhichmaybe
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 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
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 'Buildina 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 premise 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 provision 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 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 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 Ownershim. 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 by
resolution cause the cited deficiency to be remedied as set forth in the
Correction Order. The cost of such remedy shall be a lien 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
shall not affect
of this ordinance
validity of the
reason
remaining
obe
portions
invalid,
this
decisionn shall
ordinance.
Section 2. Repealing existing Section 410 in its entirety:
Struek Out - Indicates 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
publ i c heal th, safety and wel fare of ci ti tens of the Ci ty who have as . thei rplaceofabodealivingunitfurnishedtothemforthepaymentofarentalchargetoanotherbyadoptinglicensingregulationsforallrentaldwellings
in the City.
Section 410.05. Definitions. for
the terms defined in this section
subdivisions which follow:
the purposes of Section 410.00 et. seq.,
shall have the meanings given them in the
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.
a rental chargechargesor
othered
in iformdofacompensationnce. the mforpthetusemofna
to charge
unit in a rental dwelling.
Section 410.10. License Required. No person, firm, partnership, corporation
other legal entity license. The licenseis issued each year an
al dwellinin the Cited
iswithout
firstfirst having obtained
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
amount as
least i xt
i she y the Cit(
60) days
prioril.
to the expi ration
i
date
hall be
of the
submitted at s y
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.
Subd. 5. Name and address of the vendee if the rental dweiling 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. B. Name and address of on site operating manager if any.
Section 410.20. Application. Execution. The application shall be subscribed
and sworn to by 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. Postina. 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.
Subd. 4. After a hearing the City Council 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. Agplicable Laws. Licenses shall be subject to all of the
ordinances of the City an 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
ATTEST
City Clerk
22nd day of February , 1993.
Mayor
i
PCI*TyF
January 21, 1993 PLYMOUTR
Dear Apartment Owners:
Per my earlier letter of December 21, 1992, an informational meeting took
place on January 6, 1993 with apartment owners to discuss the various
provisions contained within the draft Housing Maintenance and Rental Licensing
Ordinance, as well as to discuss the process by which the City proposes to
administer the program.
During the meeting, a Focus Committee was formed from the group to receive
input, share information and discuss various code provisions. The
subcommittee members include:
Steven Schachtman, President, Steven Scott Management Inc. - 544-5228
Sam St. Pierre, Regional Property Manager, Dominion Inc. - 559-1495
George E. Warner, Jr., General Counsel, Minnesota Multi Housing
Association - 927-8602
Mary Langum, Project Manager, Stonehill Apartments - 557-1673
Wayne A. Bachman, Vice President, Carew Properties Inc. - 881-3623
Erwin Stobbe - 545-4176
The focus committee has met twice since the initial meeting of January 6,
1993. Upon review of the draft ordinance, members of the focus committee
recommended various revisions be made to the draft ordinance provisions which
in part included the following:
Removal of former Section 410.50 (Conduct on licensed
premises)
Adding additional language under former Section 405.55 Subd.
1 (Permissible Occupancy of Dwelling Unit) which would allow
an owner or operator to adopt standards that reduce the
maximum allowed occupancy of a dwelling unit from the
standards set forth in this provision of the code.
Responsive to the concerns raised, a revised draft ordinance was prepared by
the City Attorney's office which I have enclosed for your use.
The only other apparent issue for our group to discuss is relative to the
proposed fee schedule. We intend to meet with the focus committee on January
26, 1993 to share information and receive input on the committee's position of
the proposed fee schedule prior to the preparation of a staff report to the
City Council for the meeting of February 22, 1993 in which we will recommend
the adoption of the Housing Maintenance Code and Rental Housing Administration
Program.
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
I
Any comments or suggestions you have concerning the draft ordinance provisions
or proposed fee schedule should be directed to one of the focus committee
members referenced on page one.
If you have any questions or if I may be of any further assistance please feel
free to contact me at 550-5031.
Sincerely,
aJoe Ryan
Building Official
cc: Charles E. Dillerud, Community Development Director
Warren Kulsea, Housing Inspector
File
PCITVICOF
PLYMOUTFF
December 21, 1992
To Whom it May Concern:
The Plymouth City Council will be adopting a formal Housing Maintenance and
Rental Licensing Code early in 1993 responsive to their decision to proceed
with such a program earlier in 1992.
Our office has completed a draft of City Code revisions which I have enclosed
for your review, and on whicT—we would like to receive your input.
For this reason, I have scheduled an informational meeting with all apartment
owners to be held at the Plymouth City Center on January 6th at 1:30 p.m. to
discuss the various provisions contained within the draft ordinance, as well
as to discuss the process by which the City intends to administer the program.
During this meeting I hope to form a focus committee from this group to
receive input, share information and discuss various code provisions.
In addition I have also developed a tentative schedule for the implementation
and administration of the programs, which is as follows:
1. January 13, 1993 - Meet with the focus committee to obtain and
share information concerning the proposed code provisions and
program design.
2. By the end of January, 1993 - Receive final comments from the focus
committee regarding the proposed code provisions and program
design.
3. By the end of February, 1993: City Council adoption of the Housing
Maintenance Code and approval of the Housing Maintenance Code and
Rental Housing Administration Program.
4. By the end of March, 1993 - Notify all possible apartment owners
listed as "non -homestead" in the assessor's record) of the
existence of the Housing Maintenance Code and Rental Licensing
Administration Program. Rental owners would be given 60 days to
either advise us that their property is no longer rented, even
though it is listed as "non -homestead", or submit a simple first
year rental housing licensing application and the fees established
in the City Code.
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
5. Beginning in June, 1993 - Inspections of rental dwellings will
begin with the order of inspection (and resulting license
anniversary date) being established by a lottery selection among
the first year rental licenses that are issued. The purpose -of the
lottery is to spread the inspection load over the 12 month period.
6. Beginning in June, 1993 and extended to June, 1994 - Once the
Housing Inspector has completed his inspection and generated a list
of deficiencies the property owner will be provided approximately
12 months to correct those deficiencies - the date in 1994 upon
which his/her initial rental license expires.
As indicated above, our first meeting will be held at the Plymouth City Center
on January 6, 1993 at 1:30 p.m.
If you have any further questions, you may contact me at 550-5031.
Sincerely,
Joe Ryan
Building Official
cc: Charles E. Dillerud, Community Development Director
Warren Kulesa, Housing Inspector
File
b>jr/owners
CITY OF PLYMOUTH
PROTECTIVE INSPECTIONS DIVISION
AGENDA
JANUARY 6, 1993
HOUSING MAINTENANCE CODE AND RENTAL LICENSING
I. WELCOME/INTRODUCTION OF STAFF MEMBERS - Why we have a licensing program.
II. GENERAL OVERVIEW OF DRAFT ORDINANCE PROVISIONS - Discuss the need to create a
focus committee to review the individual provisions of each ordinance at the
next meeting date of January 13, 1993.
III. ADMINISTRATION AND ENFORCEMENT OF THE HOUSING MAINTENANCE AND RENTAL LICENSING
PROGRAMS
NOTIFICATION PROCESS - By the end of March 1993 rental owners will be given 60
days to advise the City whether their property is rental, and if so, the need
to submit a license application and fees.
ISSUANCE OF THE FIRST YEAR LICENSE BASED ON A LOTTERY - The lottery will be
based on the total number of licenses received for each type of dwelling (i.e.
a separate lotter for single family, duplexes, three-four plexes and
apartment complexes .
Initial licenses will be issued for 12 months beginning June 1993
through May 1994, depending on lottery selection date.
Inspections of properties will occur during the same month as the
anniversary date of the issued license.
IV. INSPECTION PROCESS - During the first year, all properties will be inspected
and owners will be given a period up to one year to correct any deficiencies
noted.
Every dwelling unit will be subject to inspection by the City. Property
owners will be notified by the City of the designated units to be
inspected. For apartment complexes, five percent (5%) of all habitable
units will be inspected, with a minimum of five (5) dwelling units per
complex.
If numerous violations are encountered during the inspection of the
dwelling units, the City shall have the option to inspect additional
units.
V. PROPOSED FEE SCHEDULE
VI. QUESTIONS AND DISCUSSION
VII. ESTABLISH MEMBERS OF THE FOCUS GROUP
VIII. SET THE NEXT MEETING DATE
info:h>agenda/1-6:tw)
section. Portable heating equipment employing flame and the use of
liquid fuel or the use of portable electric heaters does not meet the
requirement 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 257: 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 first floors and roofs 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.
Regular Council Meeting
December 21, 1992
Page 478
Motion carried on a roll call vote, four ayes.
Public Works Director Moore sented the proposed ordinance regulating back yard
composting activities. He st d that the ordinance would be used as a tool in those
instances where staff is con ted to deal with a nuisance complaint. It has been drafted to
afford some degree of obj ivity to the officer responding to a neighbor complaint, and
will provide a guideline i etermining whether or not action can be taken. He stated that
education through broch es, the Plymouth News, newspapers, and cable television on the
proper techniques for c posting, as well as the promotion of leaving grass clippings on
the lawns, are part of t City's plan for the 1993 Yard Waste Program. He stated that
staff intends to respon to violations only on a complaint basis.
Mayor Bergman state he has received calls from residents about the odor of composting
piles on adjacent pr erties. He supports the proposed ordinance because the staff needs
an objective means#f enforcing nuisance complaints relating to compost piles. He stated
that during the buck et study sessions, the Council discussed whether to continue accepting
grass clippings at fie yard waste site. He has not been informed that any Councilmember
wants to spend aiproximately $50,000 to continue accepting grass clippings at the yard
waste site in 199A for the few property owners it serves.
MOTION was Inade by Mayor Bergman, seconded by Councilmember Tierney to adopt
ORDINANCE 92-32 RELATING TO YARD WASTE DISPOSAL AND
COMPOSTING.
Councilmepler Vasiliou stated she supports the ordinance, but asked whether grass
clippings obuld be accepted at the yard waste site for spring and fall cleanup.
Director.Moore stated that grass would be accepted at the yard waste site in 1993 for a
specifie4 time for spring and fall cleanup. Bags of green grass would not be accepted.
Councilmember Vasiliou stated that she had received a phone call from a resident
complaining of a neighbor's compost pile. She stated the odor is offensive to the adjacent
pro rty owners and they support the ordinance.
Jour avpq
ITEM 7-I-1 STATUS OF PROTECTIVE INSPECTION PROGRAM
Community Development Director Dillerud presented the staff report on the status of
establishing the proposed protective inspection program. He asked the Council to advise
staff if the direction is not consistent with what the Council anticipated for a rental housing
licensing and inspection program. Following completion of the draft ordinance by the City
Regular Council Meeting
December 21, 1992
Page 479
Attorney, staff will conduct focus groups with affected property owners and provide a
report and recommendation to the City Council.
Councilmember Edson stated that it would be useful for the Council to review neighboring
cities' ordinances for comparison when considering the draft ordinance.
Director Dillerud stated the ordinances from neighboring communities have been used in
drafting the proposed Plymouth ordinance.
Councilmember Vasiliou suggested that staff show the tape produced by Northwest Cities
regarding protective inspection programs at the focus group meetings.
MOTION was made by Councilmember Vasiliou, seconded by Councilmember Edson, to
accept the staff report.
Motion carried, four ayes.
Acting Manager Boyles review the list of pending and completed City Council
directives, and updated sever pending directives.
Councilmember Tierney pr vided an update on Directive 92-51. She has received a letter
from one athletic associa n regarding the need for space for storage of equipment and
concerns relating to ad uacy and permanency of the space. She will discuss the issue
with the other athletic ssociations and report back to the Council. She suggested that the
issue then be referred o the Park and Recreation Advisory Commission for consideration.
ITEM 7-1-3 COUNCIL'-OALS AND OBJECTIVES
Acting Managettoyles reviewed and updated the status of the City Council's Goals and
Objectives. r
Councilmer er Edson suggested that the items relating to the Financial Advisory
Committe be separated to reflect those that have been completed and those in process.
Mayor ergman stated he would like to receive minutes from the Financial Advisory
Comrr tttee. He stated this committee is similar to PRAC, Planning Commission, etc., and
the C1muncil should be provided minutes of the meetings in order to review the members'
Manager Boyles stated that staff will update the Council Goals and Objectives, and