HomeMy WebLinkAbout2022-09-22 Council Work Session Agenda PacketCouncil Work Session Agenda
September 22, 2022 – 5:30 pm
1. Call to Order / Roll Call
2. Rental Ordinance
3. Unscheduled Items
4. Adjournment
*Includes Materials - Materials relating to these agenda items can be found in the house agenda packet
book located by the Council Chambers entrance, or online at the City’s website at www.corcoranmn.gov.
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MEMO
Meeting Date: September 22, 2022
To: City Council
From: Natalie Davis McKeown, Planner
Re: City Code Updates – Rental Dwelling Ordinance
____________________________________________________________________
Creation and adoption of a rental dwelling ordinance was identified as one of the
Council’s “Top 4” priorities to address in the remainder of 2022. Earlier this summer, the
Council expressed a desire to establish a rental dwelling ordinance with the following
concerns in mind:
1.The phenomenon of corporate entities buying up large amounts of homes
(particularly single-family homes, twin-homes, and townhomes) within a
community to convert them into rental properties. The Council was concerned
this pattern runs the risk of reducing homeownership opportunities for local
residents while increasing housing costs.
2.The potential for new neighborhoods developed with homeownership in mind to
be converted into primarily rental neighborhoods. Again, this concern seemed to
be specific to neighborhoods with single-family homes, twin-homes, and
townhomes.
3.The importance of an exemption for property owners renting to a family member.
Since the initial discussions, staff completed a great deal of research and discussion on
rental ordinances which is summarized in the following key findings:
Model Rental Ordinances
The Council directed staff to see if there was a model rental ordinance that could be
adopted with the idea of allowing existing rental properties a brief period to apply for a
license before implementing a moratorium on new rental dwelling licenses. The thinking
behind this approach is the moratorium would provide the City with time to further
strategize methods that address the above-stated concerns. Staff reached out to the
League of MN Cities for a model ordinance. They do not have a model ordinance per
se, but they pointed to Red Wing’s rental licensing ordinance as a good sample
because the Minnesota Supreme Court upheld the language regarding rental
inspections in 2013 after the city amended the code in 2007 to address issues brought
up in a separate lawsuit. The court opinion and the portion of the Red Wing rental
ordinance forwarded by the League are enclosed for reference. The enclosed draft uses
the Red Wing code as a model for the building inspections portion of the ordinance.
Additionally, staff pulled a variety of rental dwelling ordinances throughout Minnesota,
including Apple Valley, Brooklyn Park, Dayton, Duluth, Inver Grove Heights, Little
Canada, Mankato, Moorhead, West St. Paul, and Winona. The wide variety in the
contents of the pulled rental ordinance seem to support the conclusion that a “basic”
rental ordinance is rare – it is a complicated topic with property rights implications that
must be customized to balance the goals of the City with the rights of individuals and
businesses. Therefore, a well-done rental ordinance requires in-depth regulations.
Furthermore, the City Attorney advised that the identified goals of the City should be
careful about focusing on allowing certain groups (i.e. local residents) to own rentals
over others (e.g., a business entity). Typically, the stated purpose of rental ordinances is
focused on regulating maintenance of housing stock to protect public health, safety, and
welfare of all residents.
Apple Valley probably had the simplest ordinance as it was just a registration process –
nothing further. However, discussions with the Police Department (PD) and the City
Attorney suggested modeling our own ordinance after Apple Valley, even as an interim
approach, does not give the City much authority to regulate rental housing or provide a
mechanism to hold landlords accountable for renting to tenants that create a disorderly
environment.
Enclosed to this report is a draft ordinance that picks and chooses from several of the
surveyed cities. Primarily, the draft is based on the ordinances from West St. Paul, Red
Wing, and Moorhead. These rental ordinances are enclosed for reference. There is also
some verbiage within the draft taken from Brooklyn Park and Little Canada.
Prevalence of Rental Homes in Corcoran
While researching, staff found the following resource from the Federal Reserve Bank of
Minneapolis: New property-data tool reveals patterns of investor ownership
(minneapolisfed.org). The tool uses data current as of 2021 and is helpful in providing a
base understanding of how many rentals are estimated to be currently located within
Corcoran. Below are key findings specific to Corcoran:
-Roughly 114 properties (6% of the housing units) in Corcoran are non-
homesteaded.
-This same data estimates that 0.9% (17 properties) of the housing units within
Corcoran are owned by an investor entity that owns at least one other property
within the seven-county Twin Cities area.
- An estimated 0.3% (5 properties) of Corcoran’s housing stock are owned by
investors that own at least three other rental properties within the Twin Cities.
- Data shows there was one rental dwelling within Corcoran that is owned by an
investor that owns 100 or more homes within the Twin Cities as of 2021.
These findings suggest that there is not a particularly urgent need to establish a rental
dwelling ordinance in order to prevent further erosion of homeownership opportunities
within Corcoran. The Council has time to consider exactly how they would like to
establish the rental dwelling ordinance without a need to quickly adopt a “basic”
licensing ordinance just to place a moratorium on issuing new rental licenses later next
year for further study for further amendments to the rental dwelling ordinance. Adopting
what is believed to be the final ordinance (or as final as possible) from the get-go will
provide necessary certainty for the existing rental properties in the City as well as
potential homebuyers, whether they be a person or entity.
Short-Term Rentals
In some areas of the country, investors are purchasing large numbers of single-family
homes to use as short-term rentals. However, staff did not find any short-term rental
properties within Corcoran advertised on Airbnb, MINNeSTAY, or Vrbo. Studies are
finding that investor-owned short-term rentals appear to be more of a concern in core
metro areas (e.g., Minneapolis/St. Paul) as well as vacation towns (e.g., Brainerd). It
appears short-term rentals are unlikely to be a prevalent problem within Corcoran at this
time. It may make sense to focus the rental dwelling ordinance on long-term rentals and
re-visit this topic once there is evidence of short-term rentals within the City. Therefore,
staff did not include verbiage for short-term rentals within the draft ordinance.
Crime Free Ordinances / Disorderly Conduct Provisions
It was a fairly common practice for cities, throughout the country and the Twin Cities, to
include some version of a crime free ordinance within their rental ordinance. These
clauses are growing more controversial over time. Cities are being sued over
discriminatory impacts, and federal guidance from 2016 stated that these ordinances
can violate the Fair Housing Act if there is a discriminatory impact regardless of the
City’s intent at the time of adoption. Planning staff worked with PD to find a compromise
between a controversial crime free ordinance and preventing disorderly houses without
an accountable property owner. PD would like to see a clause that regulates disorderly
conduct on licensed premises, similar to what is implemented in Moorhead and
Mankato. The enclosed draft utilizes the provisions found in Moorhead (see Chapter
118.06). This clause creates a three-strike system for each time the police are called
out to a property by a third-party complaint. Certain offenses will result in a strike to be
placed against the rental license. Once a rental license has three strikes against it within
a 12-month rolling period, then the license can be revoked, suspended, or nonrenewed.
Certain emergency calls would not be a strikable offense, such as calls for help
(including a tenant calling for assistance when they are no longer able to control their
own party) and domestic violence. The City Attorney stressed that the ordinance will
need a clear list of was is considered disorderly conduct, cannot include anything that
could be construed as a limitation on the ability for a victim to call for help, and an
appeals process to ensure due process.
Limiting Ability to Own Multiple Rental Dwellings
Staff understands the concerns driving the implementation of the rental ordinance and
agrees that it is undesirable for companies to erode homeownership opportunities for
local residents. However, we don’t want to be so harsh on business entity ownership
that we take away a substantial market from the City’s homeowners to sell or rent their
homes. When the market is tight, does the City really want to make people have to work
harder to sell their homes? It is important that the rental licensing ordinance accomplish
the City’s desire to curtail investor-owned properties without sacrificing someone else’s
lifeline (e.g., someone struggling financially and needs to sell their home immediately).
Staff believes it is reasonable to further regulate individuals and entities that own more
than three rental dwelling licenses for single-family homes. West St. Paul’s ordinance
includes a clause that limits the issuance of more than three rental dwelling licenses for
single-family homes to a single property owner or entity with some exceptions carved
out. This is what is included in the draft ordinance as a starting point for the Council’s
consideration (see 118.03, subsection A, paragraph 2).
Additionally, the City Attorney warned that entities can circumvent West St. Paul’s
requirement by establishing various LLCs or other entities. Therefore, he offered
additional language (at the end of paragraph 2) to prevent this behavior. It is a fairly
convoluted clause, but the situation is fairly complex. As staff continues to work on fine
tuning the ordinance, it is possible the language will be further simplified.
Limiting Rental Density
Staff found examples of cities that implemented rental dwelling density caps within their
ordinance, such as West St. Paul, Mankato, and Winona. This is an area where the City
must balance the desire to protect homeownership opportunities for residents with the
reality that some homeowners may need to sell or rent their homes. Additional research
suggests these clauses may prove controversial and could potentially cause more
neighborhood blight than they solve. There is an argument that the ability to rent out (or
sell to someone interested in renting out the property) is a fundamental property right.
By setting a 10% cap on rental dwellings per block, such as what is used in the West St.
Paul ordinance, essentially tells the remaining 90% of the block that they have less
property rights. Even if the ordinance is written in a way where the limit can be
bypassed on a case-by-case basis or in certain situations, this can be seen as arbitrary.
There has been at least one lawsuit on this topic. The City of Mankato has a 30% cap
per block implemented and was sued by property owners who struggled to sell their
property during an economic downturn and were not permitted to rent as an alternative.
A final verdict was never reached after the homeowners lost standing – one homeowner
lost his home to the bank, another sold their property after it was on the market for 7
years, and the other plaintiff was finally allowed a license after it was determined the
City incorrectly withheld a license for over two years as her block was not yet at the
30% rental cap as she was repeatedly told.
At the same time, staff did not locate a firm court decision that shows this type of clause
will not be upheld by the courts. It would likely depend on the findings of fact adopted by
the City when establishing the ordinance, and the findings of fact should be supported
by available data. With this in mind, the draft ordinance currently utilizes the density
clause from West St. Paul’s ordinance (see 118.03, subsection I) which includes a
rental density cap of 10% on a given block with the ability for the Council to approve
additional licenses as seen fit. The Council will likely want to consider increasing this
cap as news reports suggested residents find West St. Paul’s rental limit intrusive and
expressed desires to file lawsuits. However, staff does not have a specific density
percentage in mind at this time. The only data staff found to support a specific percent
of density was from a news report that cited a 1987 study which found that homes in
places where more than 30% of properties were renter-occupied sold for less money. It
is important to note that correlation does not equal causation; it is entirely possible
these areas were attractive for renters due to the cheaper home values rather than the
presence of renters driving down the home values.
If the Council would like to proceed with a density cap, what percentage of homes feels
justified to meet the City’s goal of stabilizing housing costs? Staff can use the Council’s
identified density percentage as a starting point for further research and study.
Family Exemption
The proposed draft provides an exemption for most immediate familial relationships
from the rental dwelling license requirements. It does require an affidavit to be filed with
the City and renewed every 10 years. This is similar to how the same issue is handled
in Red Wing’s ordinance. However, based on experience with other exemptions that
require a sworn affidavit within City Code, staff is concerned there is the potential for
this exemption to be abused with little recourse for staff to press the issue. It may make
sense for the Code to detail consequences if a property owner is found to have
committed perjury by lying on a sworn affidavit for a rental license. The hope is this will
help to deter those trying to circumvent the ordinance requirements.
Outstanding Issues
There are several items that need to be fleshed out further before the rental dwelling
ordinance can be adopted. The enclosed draft is meant to be a very rough draft to show
staff’s progress on moving forward with the ordinance and provide an opportunity for
feedback early in the process. The City Attorney and staff will continue to workshop the
draft to remove inconsistencies and duplication while researching legal implications that
may impact the long-term viability of the proposed language. It will be helpful for the City
Council to provide feedback in areas where they feel strongly that components should
be removed or included. Additionally, the Council should provide feedback as to how
staff should address the following items:
1.Adoption of a property maintenance code will be necessary for inspections. Staff
at this time is leaning towards adopting the International Property Maintenance
Code (IPMC) for the sake of simplicity and established resources. It is likely staff
would recommend the IPMC with some amendments to exclude areas that are
covered by our nuisance code. This is similar to how it is handled in Brooklyn
Park’s adopted property maintenance code, which is enclosed to this report.
2.Fee schedule for licenses. Staff will need to complete research of local rental
licensing fees to prepare our own fee schedule for applications, rentals, and
excessive inspections. Staff would also like to include a conversion fee for single-
family homes (potentially twin-homes and townhomes as well) for when a
previously homesteaded property converts to a rental property.
3.Fines. The draft ordinance references a few areas where there would be a fine,
but the amount of the fines will need to be defined before implementation of the
rental dwelling ordinance. PD expressed a need for fines to have teeth in order to
be effective.
4.How much time do we want to give existing rental dwelling owners to bring their
properties into compliance? It may be particularly difficult for rented
manufactured homes and older farm homes to pass property inspections. While
these properties should be brought up to standards, building in a grace period for
properties that were being rented out prior to the adoption of the ordinance (with
the burden of proof on the property owner) seems fair.
5.Should we include an exemption for property owners who are looking to rent their
homes for 6 months or less? This could be desired for residents who live in
warmer states in the winter. A minimum time period could be later added to this
exemption (e.g., no less than one month) if the City decides to regulate short-
term rentals like Airbnb.
6.The density requirement may require software to be able to properly map and
enforce rental license density. The map will be useful if potential property owners
call in to see if they could rent out a property prior to purchasing said property.
The tool would help staff to respond to such inquiries accurately and within a
timely manner.
Attachments
1.Draft Ordinance
2.Red Wing Rental Ordinance Sample
3.West St. Paul Rental Ordinance
4.Moorhead Rental Ordinance
5.Red Wing Property Maintenance Code
6.Brooklyn Park Property Maintenance Code
7.2013 MN Supreme Court Case Decision Involving Red Wing
CHAPTER 118: RENTAL DWELLING LICENSING
118.01: PURPOSE.
It is the purpose of this chapter to protect the public health, safety, and welfare of
residents of Corcoran who live in rental units by adopting a rental dwelling inspection
and maintenance program that corrects substandard conditions and maintain a
standard for existing and newly constructed rental dwellings in the City. The operation of
rental properties is a business enterprise that includes certain responsibilities. Rental
owners, operators, and managers are responsible to take such reasonable steps as are
necessary to ensure that the citizens who occupy such rental units, as well as
neighboring properties, may pursue the quiet enjoyment of the normal activities of life in
surroundings that are safe, secure, and sanitary, free from noise, nuisances, and
annoyances, and free from unreasonable fears about safety of persons or property.
118.02: DEFINITIONS.
Words used in this chapter shall have the following meanings:
ALTERNATIVE INSPECTION REPORT. A rental dwelling inspection report that the
applicant obtains from a building inspector for the purposes of receiving United States
Department of Housing and Urban Development (“HUD”) rental approval.
APARTMENT. A community, complex, or building having a common owner and
containing at least one rental dwelling unit.
BLOCK. An area of land enclosed within the perimeter of streets, watercourses, public
parks, municipally owned lots, and city boundaries.
CITY INSPECTOR’S REPORT or INSPECTION REPORT. A rental dwelling inspection
report prepared and signed by a city inspector.
CITY ADMINISTRATOR. The City of Corcoran City Administrator or their designee.
COMPLEX. The total number of buildings on the license application or contiguous rental
properties under the same ownership.
DWELLING. A building or one or more portions of a building occupied or intended to be
occupied for residential purposes.
FAMILY.
1.An individual or two or more persons legally related by blood, marriage,
domestic partnership, foster care, guardianship, or adoption living together in
a dwelling unit.
OR
2.A group of not more than three persons not related by blood, marriage,
domestic partnership, foster care, guardianship, or adoption living together in
a dwelling unit.
Draft Ordinance
LET FOR OCCUPANCY or to LET or to RENT. To permit possession or occupancy of
a dwelling or rental dwelling unit whether or not compensation is paid by a person who
is not the legal owner of record thereof, pursuant to a written or unwritten lease.
MULTIPLE RESIDENTIAL BUILDING. A building with any dwelling joined to another
dwelling at one or more sides by a party wall or walls, including apartments,
townhomes, twin-homes, duplexes, or quad-homes.
OCCUPANT. Any person living or sleeping in a dwelling unit, or having possession of a
space within a dwelling unit.
OPERATOR or MANAGER. Any person who has charge, care, or control of a structure
or premises that is let or offered for occupancy.
OWNER or LICENSEE. Any person, agent, operator, firm, corporation, or other legal
entity having a legal or equitable interest in the property or recorded in the official state,
county, or city records as holding title to the property or otherwise having control of the
property.
PERSON. May be an individual, corporation, firm, association, company, partnership,
organization, or any other group acting as a unit.
PROPERTIES, PROPERTY OR LOTS. Lots of record.
REINSPECTION. A follow-up inspection that is:
1. Conducted to determine of a code violation has been corrected;
2. Necessary because a licensee, owner, or other responsible party fails to
attend a scheduled inspection;
3. Necessary because a scheduled inspection does not occur or is prevented
from occurring due to an act of a property owner or agent; or
4. Any inspection following an initial inspection.
RENTAL DWELLING. Any dwelling used for residential occupancy by one or more
persons who are not the owner or a member of the owner’s family.
RENTAL DWELLING UNIT. Any room or rooms, or space, in any rental dwelling
designed or used for residential occupancy by one or more persons who are not the
owner or a member of the owner’s family.
118.03: LICENSE REQUIRED
A. Rental Dwelling License.
1. No person, partnership, business entity, or corporation shall operate, let, or
cause to be let, a rental dwelling or rental dwelling unit without a license for
each building.
2. No property owner shall be permitted to license more than three single-family
residences as rental dwellings, unless the property owner:
a. Hires a property management company who is licensed by the
Commerce Department and that license is in good standing; or
b. Is a public housing agency; or
c. Obtains a special exception from the City Council.
Principal owners or controller of legal entities which own one or more rental
dwellings shall be subject to this cap as individual principal owners or
controllers. For illustration, but not limitation, no person or entity may
circumvent this restriction by maintaining ownership interests in multiple
separate owner entities and each such ownership interest shall be counted
toward the cap set forth herein.
3. A rental dwelling license shall be valid for a 1-year cycle beginning on March
1 each year. A current licensee who intends to continue letting rental
dwellings shall apply for a license renewal at least 30 days before the end of
the then-current licensing term.
B. License Exemption
1. The owner of a rental dwelling is exempt from the licensing requirements of
this section if the occupant of the rental dwelling or rental dwelling unit is
related to the owner as a parent, child, sibling, step-sibling, grandparent,
grandchild, step-parent, step-child, step-grandparent, or step-grandchild and
the owner files an affidavit with the City stating that the renter is one of those
relations. The affidavit required in this paragraph must also state the address
of the rental dwelling unit and must be renewed at least every ten years (120
months).
2. The owner must notify the City in writing within 30 days of this exemption
being lost because the occupant is not related to the owner as one of the
above-referenced relations.
3. This chapter does not apply to hotels, motels, hospitals, state-licensed
residential care facilities, assisted living facilities, nursing homes, and high
school dormitories.
4. This chapter does not apply to single-family homes in which the owner
resides within a portion of the building and therefore are a total of no more
than three unrelated persons within the owner’s dwelling unit. In instances of
rental dwellings with more than one unit including townhomes and twin-
homes, only the portion of the building in which the owner resides is exempt.
5. This chapter does not apply in instances where an Interim Use Permit has
been approved for an accessory dwelling unit in conjunction with a single-
family home if the owner occupies the single-family home or the accessory
dwelling unit.
6. This chapter does not apply to manufactured homes that are occupied by the
owner of the home even though the underlying lot may be leased by the
owner occupant.
.
C. Applications. An application for license shall be made on a form provided by the
City. The license application shall contain the following information:
1. Property Owner Information.
a. The name, address, phone number, and complete information of the
property owner if the owner is an individual.
b. The name, address, phone number, and complete information of the at
least one principal officer, manager or director, if the property owner is
a business entity.
i. Business entities seeking a license shall provide a list of all
principal owners, officers, managers, and directors of the entity.
2. Property Contact Information. For single-family rental dwellings, the license
applicant must provide a physical business address and 24-hour contact
information for one person in any of the following categories. For all other
types of rental dwellings, the applicant must provide 24-hour contact
information for two people in any of the following categories.
a. At least one owner of the rental dwelling or rental dwelling unit
b. At least one person, if different from the owner, who is responsible for
compliance with this and any other code requirement pertaining to the
rental dwelling, such as a property manager, who must reside in the
Twin Cities 7-County metropolitan area.
c. Any of the owner’s agents responsible for management of the rental
dwelling, such as a property management company and the name and
contact information of a person at the property management company;
or
d. Any vendors and all vendees, if the rental dwelling is being sold
pursuant to a contract for deed.
3. Number and Type of Rental Dwelling Units. The number of units and types of
units (condominium, apartment, townhome, twin-home, single-family home,
and the like) within the rental dwelling.
4. Principal Tenants. The name, telephone numbers, and addresses of principal
tenants, if any are required.
5. Resident Agent Required. An operating license may not be issued or renewed
for a nonresident owner of rental dwelling units (one who does not reside in
any of the following Minnesota or Wisconsin counties: Goodhue, Dakota,
Rice, Wabasha, Hennepin, Washington, Ramsey, Olmsted, Pierce, and St.
Croix) unless such owner designates in writing to the Code compliance
Official the name, address, and telephone number of his resident agent
(someone who does resides in any of the following Minnesota or Wisconsin
counties: Goodhue, Dakota, Rice, Wabasha, Hennepin, Washington,
Ramsey, Olmstead, Pierce, and St. Croix) who is responsible for
maintenance and upkeep and who is legally constituted and empowered to
receive service of notice of violation of the provision of the City Code and to
receive orders or process pursuant to law. The enforcement officer must be
notified in writing of any change of resident agent or agent address or
telephone number change within 10 days. This requirement may be waived if,
in the Code Compliance Official’s determination, the owner not living in one of
the above specific counties is nonetheless sufficiently accessible for the
purposes of maintenance.
D. Changes.
1. The Code Compliance Official must be notified in writing of any changes to
the name(s) and contact information provided on the application.
2. A license is non-transferable. If there is a change in the ownership of the
rental dwelling or rental dwelling unit, a new license is required.
3. If changes are made in the number of type of units, the owner shall amend its
license.
E. Fees.
1. The application fee shall be determined by the City Council from time to time
by Resolution and shall be paid at the time of application.
2. Renewal license fees, as set forth by City Council resolution, shall be due
prior to the license expiration date.
3. In the cases of new, unlicensed dwellings, license fees shall be due upon
issuance of the certificate of occupancy.
4. In the case of initial licensing, license fees shall be due prior to issuance of
the respective license and are due within 30 days of the date of the invoice.
5. In the case of licensing period of less than one (1) year, license fees may be
prorated as set forth by City Council resolution.
6. The license fee shall include the initial inspection and one (1) follow-up
inspection. A fee, established by City Council ordinance, shall be charged for
any reinspection or attempted reinspection required, whether due to the
failure of the reinspection, the Rental Housing Inspector’s inability to gain
access to the dwelling at the time of attempted reinspection, or otherwise, and
must be paid before a license will be issued.
7. Failure to submit an affidavit as required by this Chapter or an operating
license, will subject the owner of a dwelling unit to an administrative service
charge up to $250.00.
8. A license fee paid later than ten working days after the prescribed date is
subject to an additional administrative service charge up to $250.00.
9. Once issued, a license is nontransferable and the license is not entitled to a
refund or any license fee upon revocation or suspension, or transfer of
ownership.
F. Tenant Register. As a condition of the license, the applicant must, as a
continuing obligation, maintain a current register of tenants and other persons
who have a lawful right to occupancy of a rental dwelling unit. In its application,
the applicant must designate the name of the person or persons who will have
possession of the register and must promptly notify the Code Compliance Official
of any change in the identity, address, or telephone numbers of such person. The
register must be available for inspection by city officials at all times.
G. Notification Requirements for Public Hearings. The owner must, as a continuing
obligation of the license, provide written notice to tenants or in the alternative,
post the written notice in the lobby or common area of the rental dwelling for any
public hearing received by the owner that pertains to the property on which the
rental dwelling is located or any adjacent right-of-way.
H. Display of License Certificate. The license certificate must be exhibited in a
conspicuous place at or near the entrance to the rental dwelling or rental dwelling
unit. For buildings containing more than three rental dwelling units, the certificate
must be displayed in the rental office or other common area accessible to all
tenants of the licensed building.
I. Rental Density for Single-Family, Townhome, and Twin-Home Rental Dwellings.
1. In a low-density residential zoning district (5 units or less per acre), no more
than 10% of the lots on any block shall be eligible to obtain a rental license,
unless a temporary license is granted by the City Council as provided herein.
Table 1 indicates how many lots per block are able to be licensed as a rental
property based on the lots that existing on the block.
Table 1
Lots/Block Rental Dwelling Units Allowed
1-14 1
15-24 2
25-34 3
35-44 4
45-54 5
55-64 6
65-74 7
75-84 8
85-94 9
2. The following guidelines shall apply to determine eligible blocks and lots.
a. If a block contains more than one type of zoning district, only the lots
within the low-density residential zoning district shall be included in the
calculation of the total number of lots per block.
b. Commercial or industrial uses located within or adjacent to a low-
density residential zoning district shall not be included in the
calculation of the total number of lots per block.
c. If the number of rental dwelling units meet or exceed the permitted
number of rental dwelling units per defined block on or after the
effective date of this chapter, no additional rental licenses shall be
approved for the block, unless a temporary license is granted by the
City Council as provided herein. Existing rental licenses may be
renewed; however, should a rental license not be renewed, or if the
rental license is revoked or lapses, the rental license shall not be
reinstated unless it is in conformance with this subchapter and other
applicable sections of the City Code.
d. If the number of rental properties meets or exceeds the permitted
number of rental properties per defined block on the effective date of
this chapter, a property owner may request a temporary license to
allow an additional rental property for that block. The Council may
grant or deny a temporary license in its sole discretion. Persons
requiring a temporary license must make an annual application to the
City. No property owner shall hold a temporary license for the same
property for more than two consecutive years.
J. Tenant background checks and lease agreements. Upon request, the applicant
must provide a copy of third party or comparable background checks for tenants
and a copy of the lease.
K. Contracts for deed. A property sold pursuant to a contract for deed must be
recorded against the property or the property will be deemed a rental property
and a license will be required.
L. Investigations.
1. For all new applications, a background investigation will be conducted on the
property owner listed on the application. The City may request additional
information from the license applicant regarding all property owners, if the
property is owned by individuals or regarding all officers, managers or
directors, if the property is owned by a business entity, and may conduct
additional background investigations as it deems necessary. The application
shall pay a background investigation fee for each background investigation
conducted.
2. For renewal applications, background investigations are not required and no
background investigation fee shall be required; however, the Police
Department or other city staff may conduct a background investigation at is
sole discretion.
118.04: RESPONSIBILITY FOR ACTS OF MANAGER
Licensees are responsible for the acts or omissions of their managers as it pertains to
the rental dwelling.
118.05: MAINTENANCE STANDARDS.
A. Every rental dwelling shall be maintained in accordance with the building
standards of Chapter 40 of Title IV and Chapters 80-82 of Title VIII in the City
Code.
B. It is the responsibility of the licensee to assure that every rental dwelling and
rental dwelling unit is maintained in compliance with all city ordinances and state
laws.
C. License hearing. Upon the occurrence of 5 violations of the above-stated
provisions multiplied by the total number of rental dwelling units per complex
within a 12-month period, or a violation of an established mitigation plan, the City
Council may hold a license hearing pursuant to Section 118.07 for consideration
of suspension, revocation, or conversion to a provisional license. Depending on
the circumstances, nature and severity of the violation, the City Council may hold
a license hearing for fewer than 5 violations, if deemed appropriate.
D. Inspections. No operating license may be issued or renewed unless the City
determines, following an inspection conducted pursuant to this section, that the
rental dwelling unit and its premises conform to the City’s Property Maintenance
Code (“PMC”). As more specifically provided below, the Code Compliance
Official and their designees may cause inspections, follow-up inspections, and
reinspections on rental dwelling units on all classes of property within the City on
a scheduled basis, and on rental dwelling units on all classes of property when
reason exists to believe that a violation of an applicable subdivision of the PMC
exists, has been, or is being committed.
1. The Code Compliance Official and their designees are authorized to contact
owners, tenants, and managers of rental dwellings to schedule inspections of
rental dwellings at reasonable times. They are also authorized to conduct
those inspections once scheduled. These scheduled inspections will be
conducted to determine whether the rental dwelling unit and its premises
conform to the PMC and all other applicable City Code so as to inform the
City’s decision of whether to issue an operating license. The authority to
schedule and to conduct these inspections is available even if the owner or
owner’s agent holds a temporary or provisional license, and without regard to
whether the owner or owner’s agent has filed an application for an operating
license.
2. Upon receipt of a properly executed application for an operating license, the
Code Compliance Official shall cause an inspection to be made of the
premises to determine whether the structure is in compliance with the PMC.
Inspections performed pursuant to the authority in paragraph 1 and paragraph
2 of this subsection are hereinafter described as “Licensing Inspections.”
3. The Code Compliance Official and their designees are authorized to conduct
inspections of rental dwelling units on all classes of property when reason
exists to believe that a violation of an applicable subdivision of the PMC
exists, has been, or is being committed. A complaint or complaints from a
tenant of a rental dwelling unit shall be an adequate basis for a reinspection
of an rental dwelling unit.
4. To increase the awareness by owners of the likely timing of requested
inspections and to conserve public resources, the Code Compliance Official
may schedule and conduct inspections pursuant to paragraph 1 according to
the area of the City in which the unit is located, dividing the City into zones
and endeavoring to perform inspections pursuant to paragraph 1 in one zone
before beginning them in a different zone.
5. If a structure or rental dwelling unit is not in compliance, one or more follow-
up inspections or reinspections may be conducted to verify that conditions
and any corrections conform to the provisions to the PMC.
6. When the basis for the inspection pursuant to this section is information
observed or obtained during a Licensing Inspection, such reinspection or
follow-up inspections shall be conducted on a scheduled basis.
7. When scheduling Licensing Inspections pursuant to this chapter, the Code
Compliance Official or their designee will seek the consent of the owner of the
property (if not already received) to inspect those areas outside of the rental
dwelling unit that are not accessible to the general public (including any
internal rooms that are inaccessible to the public, such as storage or
mechanical rooms) and to unrented dwelling units, and the consent of the
primary tenant of the rental dwelling unit (if not already received) to inspect
the Unit. If the property owner demonstrates to the satisfaction of the Code
Compliance Official or their designee that one more tenants have consented
in writing to the inspection of their units, individual contact by the City with
those tenants may be deemed unnecessary.
a. For the purposes of satisfying paragraph 7, owners of rental dwelling
units shall report to the City the full names, telephone numbers, and
addresses of the principal tenant of all rental dwelling units under their
ownership or control, and update such information as needed to
ensure that it is accurate and current.
8. If the City is unsuccessful in securing consent for an inspection pursuant to
this chapter, the City shall seek permission, from a judicial officer through an
administrative warrant, for its Code Compliance Official and their designees to
conduct an inspection. Nothing in this Code shall limit or constrain the
authority of the judicial officer to condition or limit the scope of the
administrative warrant.
9. The scope of a Licensing Inspection shall be limited to what is necessary to
determine in accordance with this chapter whether the rental dwelling unit and
its premises conform to the PMC and other applicable City Code. This shall
not preclude the enforcement officer from relying upon observations from a
Licensing Inspection in seeking one ore more of the remedies provided in
Chapter 118.
10. A Licensing inspection must be scheduled during ordinary business hours or
as otherwise arranged with the owner or tenant. Owners and their agents and
tenants may at their option request that Licensing Inspections above take
place only when they are present, so long as the request identified at least
one date or time within the two weeks following the date of the request when
the requesting party agrees to be present.
11. During inspections conducted pursuant to an administrative warrant,
photographs and video recordings may not be taken of areas inside the
building, absent further court permission or consent of the tenant (for areas
inside the unit) or the landlord (for areas inside the building but outside a
tenant’s unit, and areas inside an unoccupied unit).
12. Inspectors are not authorized to open containers, drawers, or medicine
cabinets, unless the containers, drawer, or medicine cabinets are opened with
the consent of the tenant (for areas inside the rental dwelling unit) or the
landlord (for areas inside the building but outside a tenant’s unit, and areas
inside an unoccupied unit). For purposes of this paragraph, a medicine
cabinet is a covered cabinet located above a sink in a dwelling unit’s
bathroom.
13. Inspectors are authorized to open cabinets (other than medicine cabinets) or
closets only when because of their location, those closets or cabinets, when
unopened, appear to contain one or more water or waste water pipes, or
fuses, or exposed electrical wiring, and it is reasonably necessary in order to
inspect for the existence of one or more conditions that violations the PMC, or
when the cabinets or closets are opened with the consent of the tenant (for
areas inside the unit) or the landlord (for areas inside the building but outside
a tenant’s unit, and areas inside an unoccupied unit).
14. The information regarding the condition of the unit or its occupants that
inspectors retain after recording it in any inspection logs or forms shall be
limited to descriptions of conditions constituting a violation of the PMC.
Inspectors may record a list of conditions that the landlord or tenant is
encouraged to repair or change but which do not constitute a violation of the
PMC, if that list is not retained by the inspector or City bit is instead simply
given to the landlord or tenant.
15. The City may not upload to a GIS system any data regarding the results of
inspections conducted pursuant to this Chapter.
16. The City will not share information regarding the condition of the unit or its
occupants obtained through inspections conducted pursuant to this Chapter
with any current member of the Corcoran Police Department or former
member of that Department not service as a housing inspector for the City,
any sheriff’s office, or any law enforcement agency of another jurisdiction, or
enable their discovery by such person or agency, unless
a. Such disclosure is required by law, or
b. Such disclosure to such person or agency is needed to abate an active
or inactive methamphetamine lab, mistreatment of one or more minors
in violation of Minn. Stat. Section 609.377 or .378, mistreatment of one
or more vulnerable adults in violation of Minn. Stat. Section 609.23
through .233, or mistreatment of one or more animals in violation of
Minn. Stat. Section 343.21; or
c. If an owner or occupant of a unit has made an express or implied
threat of bodily harm, causing the inspector to be concerned for his or
her welfare, and the disclosure is made for the purpose of enabling
gone or more law enforcement officers to accompany the inspector in
the completion of the inspection or the full performance of their duties.
17. The City will not share information regarding the condition of the unit or its
occupants obtained through inspections conducted pursuant to this Chapter
with any current or former member of a non-law enforcement agency (not
including the Corcoran City Government, Corcoran City Attorney, or a court),
or enable their discovery by such person or agency, unless such disclosure is
required by law.
E. Inspection Not Required. Inspection for the issuance or renewal of a license may
be waived by the City if the owner of a dwelling unit proves that within the
previous 12 months the dwelling unit passed an inspection required by the City,
State, or Federal regulations that is at least as stringent as the inspection
required under this Chapter. The City has sole discretion to determine when an
inspection program is at least as stringent as the inspection required under this
Chapter. Inspections conducted as the result of a complaint made to the City
may not be waived under this provision.
118.06: CONDUCT ON LICENSED PREMISES
A. For purposes of this section, a premise is disorderly at which any of the following
activities occur:
1. Conduct which constitutes a violation of Chapter 82:04, Subd. 5 of this
code relating to noisy parties and other unnecessary and loud noises.
2. Conduct which constitutes a violation of laws relating to the possession of
controlled substances, as defined in Minnesota statutes 152.01 et seq.
3. Conduct which violates laws relating to disorderly conduct as defined in
Minnesota statutes 609.72.
4. Conduct which violates laws relating to consumption of alcohol under the
age of 21 as defined in Minnesota Statue 340A.503, or violation of laws
relating to the sale of intoxicating liquor as defined in Minnesota statutes
340A.701 – 340A.703.
5. Conduction which constitutes a violation of laws relating to prostitution or
acts related to prostitution as defined in Minnesota statutes 609.321,
Subdivision 9.
6. Conduct which constitutes a violation of Minnesota statutes 609.595
relating to criminal damage to property.
7. Conduct which constitutes a violation of laws relating to terroristic threats
as defined in Minnesota statute 609.713.
B. A premise is not considered disorderly in instances where a tenant calls for
emergency assistance.
C. The Code Compliance Official is responsible for administration of this section.
The authority to take any action authorized under this section may be delegated
to the Code Compliance Official’s authorized designee or designees.
D. Upon determination by the Code Compliance Official that a rental dwelling or
rental dwelling unit was used in a disorderly manner, as described in subsection
A of this section, the Code Compliance Official or his/her designee, shall give
notices to the licensee and the renters of the rental dwelling unit affected, of the
violation and direct the licensee to take steps to prevent further violations.
E. If another instance of disorderly use of the rental unit registered premises occurs
within 12 months of an incident for which a notice in subsection D was given, the
Code Compliance Official, or his/her designee, shall notify the licensee and the
renters of the affected rental dwelling unit of the violation and shall require the
licensee to submit a written report of the actions taken, and actions proposed to
be taken, by the registration holder to prevent further disorderly use of the
premises. This report shall be submitted to the Code Compliance Official, or
his/her authorized designee, within 5 days of receipt of the notice of disorderly
use of the premises, and shall detail all action taken by the licensee in response
to all notices of disorderly use of the premises within the preceding 12 months.
F. If a third instance of disorderly use of a rental dwelling unit occurs within 12
months, the rental dwelling license for the rental dwelling may be denied,
revoked, suspended, or not renewed if the actions proposed to be undertaken by
the licensee pursuance to subsection E of this section are inadequate and/or are
not being diligently pursued. An action to deny, revoke, suspend, or not renew a
license under this section shall be initiated by the Code Compliance official, or
his/her designee, pursuant to the procedures set out in Chapter 118.07 of this
Code.
G. A determination that the registered premises have been used in a disorderly
manner as described in subsection A of this section shall be made upon a fair
preponderance of the evidence to support such a determination. It shall not be
necessary that criminal charges be brought in order to support a determination of
disorderly use, but the incident must have resulted in the police being called to
the rental dwelling unit and a police report being prepared.
H. For purposes of this chapter, “disorderly use of the rental dwelling unit” shall
mean disorderly use in the particular rental unit by the renters, occupants, or
guests or conduct by the tenants which constitutes disorderly use anywhere on
the property of the apartment building, home, or mobile park in which the rental
unit is situated.
I. No adverse license action shall be imposed where the instance of disorderly use
of the licensed rental dwelling unit occurred during the pendency of eviction
proceedings (unlawful detailer), or within 30 days of notice give by the licensee to
a tenant to vacate the premises where the disorderly use was related to conduct
by that tenant or by other occupants or guests of the tenant’s unit. Eviction
proceedings shall be a bar to adverse license action however, if the eviction
proceedings are not diligent pursued by the licensee. Further, an action to deny,
revoke, suspend, or not renew a license based upon violations of this section
may be postponed of discontinued at any time if it appears that the licensee has
taken appropriate measures which will prevent further instances of disorderly
use.
118.07: LICENSE DENIAL, SUSPENSION, OR REVOCATION
A. The City reserves the right not to license a rental dwelling unless the rental
dwelling or rental dwelling units for which licensing is sought complies with the
requirements of this chapter.
B. Any license issued under this chapter is subject to the right, which is hereby
expressly reserved by the City, to suspend, revoke, or fail to renew the same
should the licensee or their agents, employees, representatives, or lessees
directly or indirectly operate or maintain the rental dwellings contrary to the
provisions of this chapter, other than chapter 118.06, or any other ordinance of
the city or any special permit issued by the city, or the laws of the state.
Provided, however, a license shall not be suspended, revoked, or failed to be
renewed if the registration holder complies with a compliance order or orders in a
timely manner.
C. The Code Compliance Official or his/her designee, shall notify, in writing, the
applicant that his/her license has been denied, or the licensee that his/her license
is being suspended, removed, or nonrenewed. The suspension revocation or
nonrenewal shall occur 35 days after the date of the order, or at such later date
as set out in the order. The notice shall be served by mailing a copy of the order
to the property owner, and the designated local property manager, if any, as
indicated in the records on file with the City.
D. The licensee, or designated agent, shall have the right to request a hearing
before the City Council by filing a written appeal from the order at the office of the
City Clerk within 15 days of the date of the order. The timely filing of the written
appeal shall stay the enforcement of the order until the appeals process is
completed.
E. The licensee shall receive at least 7 days’ written notice of the hearing date
before the Council and, at the hearing, the licensee, the local managing agent, or
an attorney representing the licensee may present evident. After the hearing, the
Council may uphold the decision of the Code Compliance Official, or his/her
designee, reverse the decision of the Code Compliance Official, or his/her
designee, or enter a different order with different conditions if the City Council
deems it necessary to protect the public health, sanitation, safety, or general
welfare of the community at large or the residents of rental dwellings in the City.
The City Council shall issue written findings of fact and its order within 20 days of
the hearing.
F. A reinstatement fee will be charged to the owner of a rental property where the
license has been revoked. Before issuing a license, any code violations or
deficiencies must be corrected prior to inspection and any outstanding fees must
be paid in full.
G. Violations. A violation of this chapter is a misdemeanor. However, the City may
issue an administrative citation.
H. Notification of tenants. Upon suspension, revocation, or denial of a license, or if
the rental dwelling is not licensed, the City will notify all affected tenants.
118.08: SUMMARY ACTION
A. Emergency. When the conduct of any owner or owner’s agent, representative,
employee or lessee, or the condition of the rental dwelling or rental dwelling unit,
or the property in or on which it is located, is detrimental to the public health,
sanitation, safety and general welfare of the community, or residents of the rental
dwelling or rental dwelling unit so as to constitute a nuisance, fire hazard, or
other unsafe or dangerous condition and thus give rise to an emergency, the
Code Compliance Official has the authority to summarily condemn or close
individual rental dwelling units or areas of the rental dwelling as the Code
Compliance Official deems necessary.
B. Notice. Notice of summary action will be posted at the units or areas affected and
will describe the units or areas affected. No person shall remove the posted
notice, other than the Code Compliance Official or Building Official or their
designee.
C. Appeal. Any personal aggrieved by a decision or action of the Code Compliance
Official or their designee to condemn all or part of a rental dwelling shall be
entitled to appeal to the Council by filing a notice of appeal with the City
Administrator. The Administrator must schedule a date for hearing before the
Council and notify the aggrieved person of the date.
118.09: POSTED TO PREVENT OCCUPANY.
Whenever any rental dwelling or rental dwelling unit is found to be unfit for human
habitation, it shall be posted by the Code Compliance Official or their designee on the
door of the rental dwelling or rental dwelling unit, whichever the case may be, to prevent
further occupancy. No person, other than the Code Compliance Official or their
designee, shall remove or alter any posting. The Code Compliance Office or their
designee will post the date the rental dwelling or rental dwelling unit shall be vacated,
and no person shall reside in, occupy, or cause to be occupied that rental dwelling or
rental dwelling unit until the Code Compliance Official or Council permits it.
118.10: NO WARRANTY BY CITY.
By enacting and undertaking to enforce this chapter, neither the City, nor its Council,
agents, or employees warrant or guaranty the safety, fitness or suitability of any rental
dwelling or rental dwelling unit in the City. Owners and occupants should take
appropriate steps to protect their interests, health, safety, and welfare.
maintainalowertemperature. Theinstallationofoneormore
portablespaceheatersshallnotbeusedtoachievecompliancewith
thissection.
H. ElectricalCordsinRentalProperties. Temporarywiring, extension
cordsordropcordsmaynotbeusedaspermanentwiring.
I. Discontinuance ofBasicServicesorUtilitiesinRentalProperties. An
Owner, Operator, orOccupantmaynotpermitanyserviceorutility
neededforafurnacetoprovideheat tobeshutofffromordiscontinued
foranyoccupiedDwellingor Dwelling Unitletoroccupied, exceptfor
suchtemporaryinterruptionsasmaybenecessarywhileactualrepairs
oralterationsareinprocess, orduringtemporaryemergencies.
J. OccupancyStandards. Themaximum permissibleoccupancy ofa
rentalDwellingUnitisdeterminedasfollows:
1. Minimumspace. ForthefirsttwoOccupants, 220squarefeetof
HabitableRoomfloorspaceandforeveryadditional Occupant
thereof, atleast100squarefeetofHabitableRoomfloorspace.
2. Maximumoccupancy. Thetotalnumberof Occupantsmaynot
exceedtwotimesthenumberofHabitableRooms, lessKitchen, in
theDwellingUnit.
SECTION 4.04. RENTALDWELLINGLICENSINGCODE.
Subd. 1. InspectionandLicensingofRentalDwellings.
A. Rentaldwellingslicense. Nopersonmayoperate, let, orcausetobelet,
arentalDwellingUnitwithoutfirsthavingobtained anoperating license
ortemporarypermittodosofromtheCityashereinafterprovided.
1. TheownerofarentalDwellingUnitmustobtainatemporary permitif
theyhavenotreceivedanoperatinglicense. Thereisnofeeandno
inspectionisnecessaryforatemporarypermit. Atemporarypermit
issuedbeforepublicationofthisordinanceisvaliduntilanoperating
licenseisobtained, orten years (120 months) afteritsissuance,
whicheverisearlier. Atemporarypermitissuedafterpublicationof
thisordinance expiresafter24months (subjecttotheenforcement
officer’sauthoritytoextendthedeadline). Innocaseisatemporary
permit validformorethantenyears (120months).
2. Eachoperatinglicenseshall bevalidforaperiodoften years (120
months) andshallexpireattheendofthetenyears (120months).
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Red Wing Sample Ordinance
3. Alicenserenewalapplication shallbefiledatleast60dayspriorto
licenseexpirationdate, unlesstheCityhasalreadyrenewedthat
licensebaseduponascheduledinspection conductedpursuantto
section3(a) below.
B. PermitandLicenseExemption.
1. TheownerofarentalDwellingUnitisexemptedfromthepermitting
andlicensing requirements ofthissectioniftherenteroftheDwelling
Unitisrelatedtotheownerasaparent, child, sibling, grandparent,
grandchild, step-parent, step-child, step-grandparent, orstep-
grandchild andtheowner filesanaffidavit withtheCitystatingthatthe
renterisoneoftheserelations. Theaffidavitrequiredinthis
paragraph mustalsostatetheaddressofthedwellingandmustbe
renewedatleasteverytenyears (120months).
2. TheownermustnotifytheCityinwritingwithin 30daysofthis
exemptionbeinglostbecausetherenterisnotrelatedtotheowner
asoneoftheabove-referenced relations.
C. RentalDwellingInspections. Nooperatinglicensemay beissuedor
renewedunlesstheCitydetermines, followinganinspection conducted
pursuanttothissection, thattheRentalDwelling Unitanditspremises
conformtotheHousingMaintenance Code (“HMC”). Asmore
specificallyprovidedbelow, theenforcementofficerandhisorher
agentsmaycauseinspections, follow-upinspections, andreinspections
onRentalDwellingUnitsonallclassesofpropertywithintheCityona
scheduledbasis, andonRentalDwellingUnitsorowner-occupied
residentialunitsonallclasses ofpropertywhenreasonexiststobelieve
thataviolationofanapplicablesubdivisionoftheHMCexists, hasbeen,
orisbeingcommitted.
1. TheCityenforcementofficerandhisorheragentsareauthorized to
contactowners, tenantsandmanagers ofrentaldwellingsto
scheduleinspectionsofrentaldwellings atreasonabletimes. They
arealsoauthorizedtoconductthoseinspectionsoncescheduled.
Thesescheduledinspectionswillbeconductedtodeterminewhether
theUnitanditspremisesconformtotheHMCsoastoinformthe
City’sdecisionofwhether toissueanoperatinglicense. The
authoritytoschedule andtoconducttheseinspections isavailable
eveniftheownerorowner’sagentholdsatemporarypermit, and
withoutregardtowhethertheownerorowner’sagenthasfiledan
application foranoperatinglicense.
2. Inaddition, uponreceiptofaproperly executedapplicationforan
operatinglicense, theenforcement officershallcauseaninspection
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tobemadeofthepremisestodeterminewhetherthestructureisin
compliancewiththeHMC. Inspectionsperformed pursuanttothe
authorityinsubsection (a) orsubsection (b) arehereinafterdescribed
as “Licensing Inspections.”
3. Inaddition, theCityenforcementofficerandhisor heragentsare
authorizedtoconductinspectionsonRentalDwellingUnitsorowner-
occupiedresidentialunitsonallclassesofproperty whenreason
existstobelievethataviolation ofanapplicablesubdivision ofthe
HMCexists, hasbeen, orisbeingcommitted. Acomplaintor
complaints fromatenantofaRentalDwelling Unitshallbean
adequatebasisforareinspection ofaRentalDwellingUnit.
4. Toincreasetheawarenessbyownersofthelikelytimingof
requestedinspectionsandtoconservepublicresources, theCity
enforcement officermayscheduleandconductinspectionspursuant
tosubsection (a) accordingtotheareaoftheCityinwhichtheunitis
located, dividingtheCityintozonesandendeavoring toperform
inspectionspursuant tosubsection (a) inonezonebeforebeginning
theminadifferentzone.
5. IfastructureorRentalDwellingUnitisnotincompliance, oneor
morefollow-upinspectionsorreinspectionsmaybeconductedto
verifythatconditionsandanycorrectionsconform totheprovisions
oftheHMC.
6. Whenthebasisfortheinspectionpursuanttothissectionis
information observedorobtainedduringaLicensingInspection, such
reinspectionorfollow-upinspectionshallbeconductedona
scheduledbasis.
7. Ownersof RentalDwellingUnitsshallreporttotheCitythefull
names, telephonenumbersandaddressesoftheprincipaltenantof
allRentalDwellingUnitsundertheirownershiporcontrol, and
updatesuchinformation asneededtoensurethatitisaccurateand
current.
8. WhenschedulingLicensingInspections pursuanttothissection, the
Cityenforcementofficerorhisorheragentswillseektheconsentof
theowneroftheproperty (ifnotalreadyreceived) toinspectthose
areasoutsideofRentalDwellingUnitsthatarenotaccessible tothe
generalpublic (includinganyinternalroomsthatareinaccessibleto
thepublic, suchasstorageormechanicalrooms) andtounrented
DwellingUnits, andtheconsentoftheprimarytenantoftheRental
DwellingUnit (ifnotalreadyreceived) toinspectthatUnit. Ifthe
propertyownerdemonstrates tothesatisfaction oftheCity
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enforcement officerorhisorheragentsthatoneormoretenants
haveconsentedinwriting totheinspectionoftheirunits, individual
contacts bytheCitywiththosetenantsmaybedeemed
unnecessary.
9. IftheCityisunsuccessful insecuringconsentforaninspection
pursuanttothissection, theCityshall seekpermission, froma
judicialofficerthroughanadministrative warrant, forits enforcement
officerorhisorheragentstoconductaninspection. Nothinginthis
Codeshalllimitorconstraintheauthorityofthejudicialofficerto
conditionorlimitthescopeoftheadministrative warrant.
10. ThescopeofaLicensingInspectionshallbelimited towhatis
necessarytodetermineinaccordancewiththissubdivisionwhether
theUnitanditspremisesconform totheHMC. Thisshallnot
precludetheenforcement officerfromrelyinguponobservationsfrom
aLicensingInspectioninseekingoneormoreoftheremedies
providedinSection4.04Subd. 2.
11. ALicensingInspectionmustbescheduledduringordinarybusiness
hours (orasotherwisearrangedwiththeownerortenant). Owners
andtheiragents, andtenants, mayattheiroptionrequestthat
LicensingInspections abovetakeplaceonlywhentheyarepresent,
solongastherequestidentifies atleastonedateortimewithinthe
twoweeksfollowingthedateoftherequestwhentherequesting
partyagreestobepresent.
12. Duringinspectionsconductedpursuanttoanadministrativewarrant,
photographsandvideorecordings maynotbetakenofareasinside
thebuilding, absentfurthercourtpermission orconsentofthetenant
forareasinsidetheunit) orthelandlord (forareasinsidethebuilding
butoutsideatenant’sunit, andareasinsideanunoccupiedunit).
13. Inspectors arenotauthorizedtoopencontainers, drawers, or
medicinecabinets, unlessthecontainers, drawers, ormedicine
cabinetsareopenedwiththeconsentofthetenant (forareasinside
theunit) orthelandlord (forareasinsidethebuildingbutoutsidea
tenant’sunit, andareasinsideanunoccupied unit). Forpurposesof
thisparagraph, amedicinecabinetisacoveredcabinetlocated
aboveasinkinadwellingunit’sbathroom.
14. Inspectorsareauthorizedtoopencabinets (otherthanmedicine
cabinets) orclosetsonlywhen becauseoftheirlocation, those
closetsorcabinets, whenunopened, appeartocontainoneormore
waterorwastewaterpipes, orfuses, orexposed electricalwiring,
anditisreasonablynecessaryinordertoinspectfortheexistenceof
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oneormoreconditionsthatviolatestheHMC, orwhenthecabinets
orclosetsareopened withtheconsentofthetenant (forareasinside
theunit) orthelandlord (forareasinsidethebuildingbutoutsidea
tenant’sunit, andareasinsideanunoccupiedunit).
15. Theinformationregarding theconditionoftheunitoritsoccupants
thatinspectorsretain afterrecordingitinanyinspectionlogsorforms
shallbelimitedtodescriptions ofconditionsconstituting aviolationof
theHMC. Inspectors mayrecordalistofconditionsthatthelandlord
ortenantisencouragedtorepairorchangebutwhichdonot
constituteaviolationofthe HMC, ifthatlistis notretainedbythe
inspectororCitybutisinsteadsimplygiventothelandlordortenant.
16. TheCitymaynotuploadtoaGISsystemanydataregardingthe
results ofinspectionsconducted pursuant tothisSection.
17. TheCitywillnotshareinformationregardingtheconditionoftheunit
oritsoccupants obtainedthroughinspections conducted pursuantto
thisSectionwithanycurrentmemberoftheRedWingPolice
DepartmentorformermemberofthatDepartmentnotservingasa
housinginspector fortheCity, anysheriff’soffice, oranylaw-
enforcementagencyofanotherjurisdiction, orenabletheirdiscovery
bysuchpersonoragency, unless
a) suchdisclosureisrequiredbylaw, or
b) suchdisclosuretosuchpersonoragencyisneededtoabatean
activeorinactivemethamphetamine lab, mistreatmentofoneor
moreminorsinviolationofMinn. Stat. Section609. 377or .378,
mistreatment ofoneormorevulnerableadultsinviolationof
Minn. Stat. Section609.23through .233, ormistreatmentofone
ormoreanimalsinviolationofMinn. Stat. Section343. 21; or
c) ifanowneroroccupantofaunithasmadeanexpressorimplied
threatofbodilyharm, causingtheinspectortobeconcernedfor
hisorherwelfare, andthedisclosureismade forthepurposeof
enablingoneormorelawenforcement officerstoaccompany the
inspectorinthecompletionoftheinspectionorthefull
performanceofhisorherduties.
TheCitywillnotshareinformationregardingtheconditionoftheunit
oritsoccupantsobtained throughinspectionsconductedpursuantto
thisSectionwithanycurrentorformer memberofanon-law-
enforcement agency (notincludingtheRedWingCityGovernment,
RedWingCityAttorney, oracourt), orenabletheirdiscoveryby
suchpersonoragency, unless suchdisclosureisrequiredbylaw.
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D. Inspection NotRequired. Inspectionfortheissuanceorrenewalofa
licensemaybewaivedbytheCityiftheownerofadwellingunitproves
thatwithintheprevious12monthsthedwellingunitpassedan
inspectionrequiredbytheCity, State, orFederalregulationsthatisat
leastasstringentastheinspectionrequiredunderthissection. TheCity
hassolediscretiontodetermine whenaninspectionprogramisatleast
asstringent astheinspection requiredunderthissection. Inspections
conductedastheresultofacomplaintmadetotheCitymaynotbe
waivedunderthisprovision.
E. Application Contents. Owners ofoneormore RentalDwellingUnits
whohavenotyetreceived a temporary permit oroperating licenseare
responsible forapplyingwiththeCityforeitheratemporarypermitoran
operatinglicense. Beforeanyportion ofapropertyisusedasaRental
DwellingUnit, theownermustfirstsecureeitheratemporarypermitor
anoperating license. Witheitherapplication, theownermustsupply:
1. Name, address, andtelephone numberofdwellingowner, owning
partnersifapartnership, corporateofficersifacorporation;
2. Name, address, andtelephonenumberofdesignatedresidentagent,
if any;
3. Name, address, and telephonenumberofvendor, iftheswellingis
beingsoldthroughacontractfordeed;
4. Legaladdressofthedwelling;
5. Numberofdwellingunitswithinthedwelling;
6. Atleastoneemergencytelephone number;
7. Thenames, telephonenumbersandaddressesofprincipal tenants,
ifany, arerequiredinSection3above.
F. Following Acquisition. Anewownermustregisteranewlyacquired
rentalresidentialpropertywithintendaysafteracquiringit, byapplying
foreitheratemporarylicenseoranoperatinglicense. Theenforcement
officermustbenotifiedofanyaddresschangewithintendays.
G. AdministrativeCharge. Failuretoobtain eitheratemporarypermitas
requiredbythissection, oranoperatinglicense, willsubjecttheowner
ofadwellingunittoanadministrative servicechargeupto $250.00.
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H. LicenseandInspectionFees. Thelicenseandinspectionfeesare
chargedatthetimeoftheissuanceoftherespective licenseandare
duewithin30days ofthedateoftheinvoice; inthecasesofnewly
constructedresidentialunlicensedRentalDwellingUnits, licensefees
aredueuponissuanceofthecertificateofoccupancy; inthecasesof
licensingperiodsoflessthantwoyears, licensefeeswillbepro-rated
monthly. Alicensefeepaidlaterthantenworkingdaysafterthe
prescribeddateissubject toanadditional administrativeservice charge
doubletheamountofthelicense. Onceissued, alicenseis
nontransferable andthelicenseeisnotentitledtoarefundofany
licensefeeuponrevocationorsuspension, ortransferofownership.
LicenseandinspectionfeesshallbeasestablishedbytheCityCouncil.
I. ResidentAgentRequired. Anoperatinglicensemaynotbeissuedor
renewedforanonresidentownerofrentaldwellingunits (onewhodoes
notresideinanyofthefollowingMinnesotaorWisconsincounties:
Goodhue, Dakota, Rice, Wabasha, Hennepin, Washington, Ramsey,
Olmsted, PierceandSt. Croix) unlesssuchownerdesignatesinwriting
totheenforcementofficerthename, address, andtelephonenumber of
hisresidentagent (onewhodoesresideinanyofthefollowing
Minnesota orWisconsincounties: Goodhue, Dakota, Rice, Wabasha,
Hennepin, Washington, Ramsey, Olmsted, PierceandSt. Croix) whois
responsibleformaintenance andupkeepandwhoislegallyconstituted
andempoweredtoreceiveserviceofnotice ofviolationoftheprovisions
oftheCityCodeandtoreceiveordersorprocesspursuanttolaw. The
enforcementofficermustbenotifiedinwritingofanychangeofresident
agentoragentaddress ortelephonenumberchangewithin10days.
Thisrequirementmaybewaivedif, intheenforcement officer’s
determination, theownernotlivinginoneoftheabovespecified
counties isnonetheless sufficiently accessibleforthepurposesofthe
HMC.
J. ParticipationinCrime-Free Multi-HousingProgram. Allowners of
RentalDwellingUnitsmustparticipate intheCrime-FreeMulti-Housing
Program. Participation isacondition precedentto therenewalofan
operatinglicense. Forthepurposesofthissection, “participation”
meansdocumented attendance ataCity-approvededucationalprogram
thataddresses crimepreventionandhousingissues.
K. PostingofPermitorLicense. Thecurrenttemporary permitoroperating
licenseofamultipledwellingunit, oralegiblecopythereof, mustbe
conspicuously postedinthemainentry wayoraconspicuousexterior
locationoftherespective multipledwellingunit. Inthecaseofone-
familyandtwo-family dwellingunits, alegiblecopyofthecurrent
temporarypermitoroperatinglicensemustbegiventotherenterof
eachunit.
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L. LicenseNotTransferable. Atemporarypermitoroperatinglicenseis
nottransferable toanotherpersonortoanotherrentaldwelling. Every
personholdingatemporarypermitoroperatinglicensemustgivenotice
inwritingtotheenforcementofficerwithin72hoursafterhavinglegally
transferredorotherwise disposedofthelegalcontrolofanypermittedor
licensedrentaldwelling. Thenoticemustincludethenameandaddress
ofthepersonsucceedingtotheownershiporcontrolofsuchrental
dwelling ordwellings. Thepersonsucceeding totheownership or
controloftherentaldwellingordwellingsmustobtainatemporary
permitoroperating licenseinordertocontinueoperatingtherental
dwelling ordwellings. Aninspectionisnotrequiredtoobtainthis
temporarypermitoroperating licenseunlesstherentaldwellingor
dwellingshavenotbeeninspectedwithinten years (120 months) ofthe
transferofownership orcontrol.
M. Violation. Anypersonthatmaintains arentaldwellingunitwithout
havingeitheravalid temporarypermitoravalidoperatinglicense, or
permits newoccupancyinviolationofthissubdivision, isguiltyofa
misdemeanor, anduponconvictionissubjecttoafineandimprisonment
asprescribedbystatelaw. Inaddition to, orinlieuof, charginga
misdemeanor, theCitymayimposeanadministrative feeinanamount
setintheCityFeeSchedule. Anadministrativefeemaybeappealed
pursuanttosubdivision3ofthissection. Uponthefailuretoappealan
administrativefeewithintheperiodestablished insubdivision3ofthis
section, theCitymaypostthedwelling unitasillegalforhabitation.
Thereafter, thedwelling unitmaynotbeoccupiedbyanyone otherthan
theprimaryhomesteadownerandthatperson’simmediatefamilyuntil
a) theadministrativefeehasbeenpaidand (b) arentallicenseis
obtainedortheCityissatisfied thatthedwellingunitwillnotbeusedas
arentaldwellingunit. Eachdayofeachviolationconstitutes aseparate
offense.
Subd. 2. Administration andEnforcement.
A. Administration andEnforcement. Theenforcementofficerandhisorher
agentsadministerandenforcetheprovisions oftheHMC. Theymay
enforcethestandards oftheHMCthroughthelicensingandinspection
programs setforthinSubd. 1and, whereappropriate, throughthe
powerssetforthbelow.
B. Authority. In the absenceofatimelyappeal undertheHMCorany
otherapplicableprovisionoflaw, theenforcementofficeristhefinal
authorityinthedeterminationofaviolationundertheHMC.
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C. LicenseSuspensionandRevocation. Atemporarypermitoroperating
licenseissubjecttosuspensionorrevocationbytheCityCouncilifthe
holderfailstooperateormaintainpermittedorlicensedrentaldwellings
andunitsthereinconsistentwiththeprovisionsoftheCityCodeandthe
lawsoftheStateofMinnesota. Intheeventthatapermitorlicenseis
suspended orrevokedbytheCityCouncil, orexpireswithoutrenewal, it
isunlawfulfortheownerorhisdulyauthorizedagenttothereafterpermit
anynewoccupancyofvacantorthereaftervacatedRentalDwelling
Unitsuntilsuchtimeasavalidlicensemaybeobtained orrestoredby
theCityCouncil.
D. ComplianceOrder. Wheneveranenforcementofficerdeterminesthat
anyrentaldwellingunit, orthepremisessurroundinganyofthese, fails
tomeettheprovisionsoftheHMC, theofficermayissueacompliance
ordersettingforththeviolations ofthecodeandorderingtheowner,
occupant, operator, oragenttocorrectsuchviolations. Thecompliance
ordermust:
1. Beinwriting;
2. DescribethelocationandnatureoftheviolationsoftheHMC;
3. Establishareasonabletime, nottoexceed90days, forthe
correctionofsuchviolations.
a) WhenaviolationoftheHMCconstitutesanimminent periltolife,
health, orproperty, animmediateandexacttimeforthe
correctionoftheviolationconstitutesa “reasonable time” for
correctionforpurposesofthissubpart. Whenthisisthecase, no
stayofproceedingsinfurtherance ofactionwillbegrantedon
appeal.
b) Areasonable timemaybelongerthan90daysifcorrectionisnot
possiblebecauseofprevailingweatherconditions;
4. Includeinformationregarding theowner'srighttoappealtheorder
andtheprocedure tobefollowedinfilingsuchanappealpursuantto
section4.04, subdivision 3;
5. Statethatintheeventtheviolationsarenotcorrectedwithinthetime
setinthecompliance order, thelicensemaybesuspendedorthat
thenecessaryworkmaybe performedbytheCityattheexpenseof
theownerandthat iftheownerdoesnotpayfortheexpense, the
costoftheworkwillbeassessedagainsttheproperty.
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6. Beservedupontheowner orhisagentortheoccupant, asthecase
mayrequire. Suchnoticeshallbedeemedtobeproperlyserved
uponsuchowneroragent, oruponanysuchoccupant, ifacopy
thereofis:
a) Servedpersonally, or
b) Deposited intheU.S. PostOfficeaddressedtotheownerathis
lastknownaddresswithpostageprepaid, or
c) Uponfailuretoaffectnoticebypersonalserviceorbymail,
postedataconspicuousplaceinoraboutthedwellingwhichis
affectedbythenotice.
E. EmergencyCases. ForpurposesofsubpartD(3) above, situations
whichconstituteanimminentperiltolife, health, orpropertyinclude,
butarenotlimitedtothefollowing:
1. Heatingsystems thatareUnsafeasdefinedinSection4.03
Subd. 4dueto: burnedoutorrustedoutheatexchanges (fire
box); burnedout, orplugged flues; notbeingvented; being
connected withunsafegassupplies; orbeing incapableof
adequatelyheatingthelivingspace.
2. WaterheatersthatareUnsafeasdefinedinSection4.03 Subd. 4
dueto: burnedoutorrustedoutheatexchanges (fire box);
burnedout, rusted out, orpluggedflues; lackofproperventing;
beingconnected withunsafegassupplies; orlackoftemperature
andpressurereliefvalves.
3. ElectricalsystemsthatareUnsafe asdefinedinSection4.03
Subd. 4dueto: dangerousoverloading; damagedordeteriorated
equipment; improperlytappedorsplicedwiring; improperor
overloadedfuses; exposeuninsulatedwires; distribution systems
ofextension cordsorothertemporarymethods; ungrounded
appliances inahazardouscondition.
4. Plumbing systemsthatareUnsanitary dueto:
a) leakingwastesystemsfixturesandtraps;
b) lackofawatercloset;
c) lackofwashingandbathingfacilities;
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d) crossconnectionofpurewatersupplywithfixturesorsewage
lines.
5. Structuralsystems, walls, chimneys, ceilings, roofs, foundations,
andfloor systemsthatareUnsafeasdefinedinSection4.03
Subd. 4.
6. Refuse, garbage, humanwaste, decaying verminorotherdead
animals, animalwaste, andothermaterialsthatareUnsanitary.
7. Infestationofrodents, insects, andothervermin.
F. Follow-upInspection. Attheendoftheperiodallowedforthe
correction ofaviolationspecified inthecomplianceorder, the
enforcementofficershallmake, orattempttomake, afollow-up
inspectionofthepremisestodetermine whethercorrectiveactions
havebeensufficienttobringtheviolation(s) intocompliance.
1. Ifthepremisesareincompliance withtherequirementsofthis
sectionatthetimeofthefollow-upinspection, a licensemaybe
issuedinaccordancewiththerequirements ofsection4.04.
2. Iftheenforcementofficerdetermines thattheviolation(s) hasnot
beencorrectedandtherentalunit(s) hasnotbeenvacated, the
enforcementofficershallsuspendanyexistinglicense. The
enforcementofficeralsomayissueacitationormayfileaformal
complaintsummoningtheresponsible partyintocourt. The
citationshallreiteratethechargeandtheordinancesection(s)
violated. TheCitymayalsotakeactiontocorrectviolations
undertheprovisionsofSection4.04, subdivision2, paragraphG.
3. Afterasuspension, thepropertyownermaypayareinspection
feeandrequest areinspection andreinstatementofthelicense.
Iftheenforcementofficerdetermines thattheviolation(s) has
beencorrected andtherentalunit(s) andbuildingcomplywith
HMC, thelicenseshallbereinstated. Feesforareinspection
mayapplyasoutlinedintheCityFeeSchedule.
G. ExecutionofComplianceOrdersbyPublic Authority. Uponthe
failuretocomplywithacomplianceorderwithinthetimesettherein,
therentalunit(s) notbeingvacated, andnoappealhavingbeen
taken, thecriminalpenaltyestablishedhereundernotwithstanding,
theCityCouncilmaybyresolutiondirecttheenforcementofficerto
remedythedeficiency (deficiencies) citedinthecomplianceorder.
Thecostofsuchremedyshallbealienagainstthesubjectreal
estateandmaybeleviedandcollected asaspecialassessment in
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themanner provided byMinnesota Statutes, Chapter429. Such
actionwillnotbetaken, however, withoutagoodfaitheffortonthe
partoftheCitytoprovidethepropertyownerwithadvancenoticeof
itsintentiontoproceedwithrepairsandassessment ofthecostsof
repairstotaxes.
H. NoWarrantybyCity. Byenactingandundertakingtoenforcethe
HMCneithertheCitynoritsCouncil, agentsoremployeeswarrantor
guaranteethesafety, fitnessorsuitabilityofanydwellingintheCity.
Ownersoroccupantsshouldtakewhatever stepstheydeem
appropriatetoprotect theirinterests, health, safetyandwelfare. A
warninginsubstantially theforegoinglanguageshallbeprintedon
thefaceofthelicense.
Subd. 3. Appeals.
A. RightofAppeal. Anypersonaggrieved byacomplianceordermay
appealthecomplianceordertotheCityCouncil. Suchappealsmust
beinwriting, must specifythegrounds fortheappeal, mustbe
accompanied byafilingfeeincashorcashier'scheck, andmustbe
filedwiththeCityClerkwithintenbusinessdaysafterserviceofthe
compliance order. Ifanappealisnotfiled within the timelines and
in the manner specified herein, theenforcementofficer’sdecision
shallbefinal. ThefilingfeeissetbyCityCodeSection6.04and
councilresolutionpursuanttothatsection. Thefilingofanappeal
shallstayallproceedingsinfurtheranceoftheactionappealedfrom,
unlesssuchastaywould causeimminentperiltolife, health,
propertyorpublicsafety.
B. CityCouncilDecision. Uponatleastfivebusinessdays’ noticetothe
appellantofthetimeandplace forhearingtheappeal, andwithin
30daysaftersaidappealisfiled, theCityCouncilortheindividualor
committeedesignatedbytheCouncilas theappealbody, musthold
ahearingthereon, atwhichtheapplicantmayappearandpresent
evidence astowhythecomplianceorder, oranyportionthereof,
shouldnotbeissued. Ifanindividualorcommittee otherthanthe
CityCouncilhearstheappeal, itshallmakearecommendationtothe
CityCouncil. TheCityCouncilmayreverse, modifyoraffirm, in
wholeorinpart, thecomplianceorderandshallorderreturnofallor
partofthefilingfeeiftheappealisupheld. TheCityCouncilor
appealcommittee orofficermaypostponeameetingandhold
hearingatalaterdate, nottoexceed60daysaftertheappealis
filed, whenitisnecessary todoso.
Subd. 4. Penalties. Anypersonwhofailstocomplywithacompliance
orderwithinthetimelimitsspecifiedthereinshall, uponconvictionthereof, be
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guiltyofamisdemeanorandsubjecttoafineorimprisonmentasprescribedby
statelaw. Eachdayofsuchfailuretocomplyconstitutes aseparateoffense.
SECTION4.05. UNSAFEAND HAZARDOUS BUILDINGS,
STRUCTURES ANDEXCAVATION.
Subd. 1. Hazardous BuildingAndExcavationsProhibited. Itisunlawful
fortheownerofpremisestoallow ahazardousbuildingorhazardousexcavation
thereon. Eachdaysuchconditionispermittedshallconstitute aseparateoffense.
Forthepurpose ofthisSection, theterms “owner,” “hazardousbuilding," and
hazardousexcavation" shallhavethemeanings andusagesascribedtothemin
MinnesotaStatutes, Sections 463.15through 463.261andassetforth inthis
Section. Provided, thatthisSectionshallnotbetheexclusiveremedy, buttheCity
mayproceedastheCitydeemsappropriate undersaidstatutory sectionsfor
abatement and other remedies therein set forth, or underprovisionsofthe
CityCode. Thefilingofcriminalchargeshereunderortheconviction thereof shall
notprohibit, void, ornullifyanyabatementproceedingsorotherremediesavailable
totheCity.
Subd. 2. UnsafeBuildingsAndStructures.
A. DefinitionandAbatement. Allstructures, whetherthesamebebuildings
orotherwise, includinghazardousbuildingsasdefinedinMinn.
Stat.§ 463.15, whicharestructurallyunsafeor, whenapplicable, not
providedwithadequateingressandegress, orwhichconstituteafire
hazard, orareotherwisedangeroustohumanlife, orwhichinrelationto
existinguseconstituteahazard tosafetyorhealth, orpublic welfare, by
reason ofinadequate maintenance, dilapidation, unsanitaryconditions,
physicaldamage, obsolescence, firehazard, orabandonment; as
specifiedintheStateBuildingCode, anotherprovisionoftheCityCode,
oranyotherlaworregulation; are, forthepurposeofthisSection,
unsafestructures. Allsuchunsafestructuresareherebydeclaredtobe
publicnuisancesandshallbeabatedbyrepair, rehabilitation,
demolition, orremovalinaccordancewiththeprocedurespecified
herein.
B. NoticetoOwner. TheBuildingOfficialordesigneeshallcausetobe
examined everystructureorportionthereofwhichisdangerousor
damagedand, ifsuchisfoundtobeanunsafestructure, theCityshall
givetotheownerofsuchstructurewrittennoticestatingthedefects
therein, andshall, indetail, indicatetheimprovementsorrepairstobe
madeandmaystatethatifrepairsandimprovements areimpractical
andnoteconomicallyfeasiblesoastoultimatelyprovideforthepublic
safetyandhealth, thatsuchstructureshallberemoved. Thisnotice
mayrequiretheownerorpersoninchargeofthestructure orpremises,
within 48hours, tocommenceeithertherequiredrepairsor
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RENTAL DWELLINGS
§ 150.035 PURPOSE.
It is the purpose of this subchapter to protect the public health, safety and welfare of citizens of the city who live in rental
units by adopting a rental dwelling inspection and maintenance program that corrects substandard conditions and maintains
a standard for existing and newly constructed rental dwellings in the city. The operation of rental properties is a business
enterprise that includes certain responsibilities. Rental owners, operators and managers are responsible to take such
reasonable steps as are necessary to ensure that the citizens who occupy such rental units, as well as neighboring
properties, may pursue the quiet enjoyment of the normal activities of life in surroundings that are safe, secure, and sanitary,
free from noise, nuisances and annoyances, and free from unreasonable fears about safety of persons and property.
(Ord. 15-09, passed 9-14-2015)
§ 150.036 DEFINITIONS.
Words used in this subchapter shall have the following meanings unless otherwise defined in this subchapter.
ALTERNATIVE INSPECTION REPORT. A rental dwelling inspection report that the applicant obtains from a building
inspector for the purposes of receiving United States Department of Housing and Urban Development (“HUD”) rental
approval.
APARTMENT. A community, complex or building having a common owner and containing at least one rental dwelling unit.
CITY INSPECTOR’S REPORT or INSPECTION REPORT. A rental dwelling inspection report prepared and signed by a
city inspector.
CITY MANAGER. The West St. Paul City Manager or his or her designee.
COMPLEX. The total number of buildings on the license application or contiguous rental properties under the same
ownership.
DWELLING. A building or one or more portions of a building occupied or intended to be occupied for residential purposes.
FAMILY.
(1) An individual or two or more persons legally related by blood, marriage, domestic partnership, foster care,
guardianship or adoption; or
(2) A group of not more than three persons not related by blood, marriage, domestic partnership, foster care,
guardianship or adoption living together in a dwelling unit.
HIGH SCHOOL DORMITORY. A dormitory that is located on the site of a secondary education institution and is owned,
operated and used by the institution for living and sleeping quarters for the students attending the institution.
LET FOR OCCUPANCY or to LET or to RENT. To permit possession or occupancy of a dwelling or rental dwelling unit
whether or not compensation is paid by a person who is not the legal owner of record thereof, pursuant to a written or
unwritten lease.
OCCUPANT. Any person living or sleeping in a dwelling unit, or having possession of a space within a dwelling unit.
OPERATOR or MANAGER. Any person who has charge, care or control of a structure or premises that is let or offered for
occupancy.
OWNER or LICENSEE. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property
or recorded in the official state, county or city records as holding title to the property or otherwise having control of the
property.
PERSON . May be an individual, corporation, firm, association, company, partnership, organization or any other group
acting as a unit.
REINSPECTION. A follow-up inspection that is:
(1) Conducted to determine if a code violation has been corrected;
(2) Necessary because a licensee, owner or other responsible party fails to attend a scheduled inspection;
(3) Necessary because a scheduled inspection does not occur or is prevented from occurring due to an act of a
property owner or agent; or
(4) Any inspection following an initial inspection.
RENTAL DWELLING. Any dwelling used for residential occupancy by one or more persons who are not the owner or a
member of the owner’s family.
RENTAL DWELLING UNIT. Any room or rooms, or space, in any rental dwelling designed or used for residential
occupancy by one or more persons who are not the owner or a member of the owner’s family.
West St. Paul Ordinance
(2001 Code, § 435.03) (Ord. 06-16, passed - -; Ord. 07-04, passed - -; Ord. 08-25, passed - -; Ord. 15-09, passed 9-14-
2015; Ord. 21-002, passed 1-25-2021)
§ 150.037 LICENSE REQUIRED.
(A) General rule. No person, partnership, business entity, or corporation shall operate a rental dwelling or rental dwelling
unit in the city without a license for each building pursuant to Chapter 110. No property owner shall be permitted to license
more than three single-family residences as rental properties, unless the property owner:
(1) Hires a property management company who is licensed by the Commerce Department; or
(2) Is a public housing agency; or
(3) Obtains a special exception from the City Council.
(B) Applications. In addition to the application information requirements of § 110.03, the license application must contain
the following information:
(1) Property owner information.
(a) The name, address and complete information of the property owner, if the property owner is an individual.
(b) The name, address and complete information of at least one officer, manager or director, if the property owner is a
business entity.
(2) Property contact information. For single-family residential dwellings, the license applicant must provide 24 hour
contact information for one person in any of the following categories. For all other types of dwellings, the license applicant
must provide 24 hour contact information for two people in any of the following categories:
(a) At least one owner of the rental dwelling or rental dwelling unit;
(b) At least one person, if different from the owner, who is responsible for compliance with this and any other code
requirement pertaining to the rental dwelling or rental dwelling unit, such as a property manager, who must reside in the
Twin Cities 7-County metropolitan area;
(c) Any of the owner’s agents responsible for management of the rental dwelling or rental dwelling unit, such as a
property management company and the name and contact information of a person at the property management company;
or
(d) Any vendors and all vendees, if the rental dwelling or rental dwelling unit is being sold pursuant to a contract for
deed.
(e) The City Clerk must be notified in writing of any changes to the name(s) provided on the application.
(3) Number and type of units. The license application must contain the number of units and types of units
(condominium, apartment, town home and the like) within the rental dwelling.
(4) Inspection report. The license application must be accompanied by a satisfactory city approved inspector’s report or
an alternative inspection report.
(a) For owners with one to three dwelling units, the inspection report is required every 36 months and due upon
annual renewal of the license. Alternative inspection reports must be dated within the 36 months preceding the application
date. For owners with one to three dwelling units, an inspection is required if there is a change in ownership and the
inspection report is dated more than 18 months prior to the date of the application.
(b) For owners with more than three dwelling units, the inspection report is required every 12 months and due upon
annual renewal of the license. Alternative inspection reports must be dated within the 12 months preceding the application
date. An owner with more than three dwelling units shall submit annual inspection reports for at least one-fourth of the total
number of dwelling units for each building. Every four years, all dwelling units in each building must have undergone an
inspection. An inspection is required if there is a change in ownership and the inspection report is dated more than six
months prior to the date of application for owners with more than three dwelling units.
(5) Inspection scheduling. The City Clerk or designee shall schedule the initial inspection for all new and renewal
applications. A property owner or agent is required to be onsite during the scheduled inspection. A property owner or agent
may cancel or re-schedule an inspection no less than 24 hours of the scheduled inspection time or a re-inspection fee will
apply.
(C) Investigations.
(1) For all new applications, a background investigation will be conducted on the property owner listed on the
application, pursuant to § 110.03(C)(5). The city may request additional information from the license applicant regarding all
property owners, if the property is owned by individuals or regarding all officers, managers or directors, if the property is
owned by a business entity, and may conduct additional background investigations as it deems necessary. The applicant
shall pay a background investigation fee for each background investigation conducted.
(2) For renewal applications, background investigations are not required and no background investigation fee shall be
required, however, the Police Department or other city staff may conduct a background investigation at its sole discretion.
(D) Changes in ownership. A license is non-transferable. If there is a change in the ownership of the rental dwelling or
rental dwelling unit, a new license is required.
(E) Changes in the rental dwelling or rental dwelling unit. If changes are made in the number or type of units, the owner
shall amend its license.
(F) Annual license. Persons wishing to let rental dwellings or rental dwelling units must make an annual application to the
city, provide the information required by this subchapter and pay the applicable license fee, as set forth in § 150.041.
Renewal applications that qualify for a license in Category A, as defined in § 150.041, may be approved administratively by
the Community Development Director. All other license applications must be approved by the City Council.
(G) License term. The term of the license is a 12-month rolling calendar. For renewal applicants, the license period shall
commence on the first day of the month after the expiration of the previous license period, as determined by the City Clerk,
or for new applicants, the license period shall commence on the first day of the month after the license is approved by the
City Council. All licenses expire at the end of each 12-month period.
(H) Tenant register. As a condition of the license, the applicant must, as a continuing obligation, maintain a current
register of tenants and other persons who have a lawful right to occupancy of rental dwellings or rental dwelling units. In its
application, the applicant must designate the name of the person or persons who will have possession of the register and
must promptly notify the City Manager of any change in the identity, address or telephone numbers of such person. The
register must be available for inspection by city officials at all times.
(I) Notification requirements for public hearings. The owner must, as a continuing obligation of the license, provide written
notice to tenants or in the alternative, post the written notice in the lobby or common area of the rental dwelling for any
public hearing received by the owner that pertains to the property on which the rental dwelling is located or any adjacent
rights-of-way.
(J) Display of license certificate. Pursuant to § 110.08, the license certificate must be exhibited in a conspicuous place at
or near the entrance to the rental dwelling. One license certificate must be displayed for each building. For buildings
containing one to three dwelling units, the certificate must be visible from the street. For buildings containing more than
three dwelling units, the certificate must be displayed in the rental office or other common area accessible to all tenants of
the licensed building.
(K) Compliance with Minn. Stat. § 211B.20, as it may be amended from time to time. Owners must comply with the
requirements of Minn. Stat. § 211B.20, as it may be amended from time to time, and allow access to candidates who have
filed for election to public office and seek admittance to the rental dwelling solely for the purpose of campaigning.
(L) Rental density for single-family rental dwellings.
(1) In an R-1 Zoning District, no more than 10% of the single-family lots on any block shall be eligible to obtain a rental
license, unless a temporary license is granted by the City Council as provided herein. Table 1 indicates how many single-
family lots per block are able to be licensed as a rental property based on the number of lots that exist in a block.
Table 1
Lots/Block Rental Units Allowed
Table 1
Lots/Block Rental Units Allowed
1-14 1
15-24 2
25-34 3
35-44 4
45-54 5
55-64 6
65-74 7
75-84 8
85-94 9
(2) The following guidelines shall apply to determine eligible blocks and lots.
(a) For the purposes of this subchapter, a BLOCK shall be defined as an area of land enclosed within the perimeter
of streets, watercourses, public parks, municipally owned lots and city boundaries.
(b) This subchapter shall apply to legally conforming lots of record and legally nonconforming lots of record. For the
purposes of this subchapter, lots of record may also be referred to as PROPERTIES, PROPERTY or LOTS .
(c) If a block contains more than one type of zoning district, only R-1 Zoning District lots shall be included in the
calculation of the total number of lots per block.
(d) Legal nonconforming rental property shall not be included in the calculation of the total number of lots per block,
but shall be allowed to continue as long as the legal nonconforming use complies with § 153.006 of the Zoning Code.
(e) Commercial or industrial uses located in an R-1 Zoning District shall not be included in the calculation of the total
number of lots per block.
(f) Properties that are exempt pursuant to § 150.038 shall not be included in the calculation of the total number of lots
per block.
(3) If the number of rental properties meets or exceeds the permitted number of rental properties per defined block on
the effective date of this subchapter, no additional rental licenses shall be approved for the block, unless a temporary license
is granted by the City Council as provided herein. Existing rental licenses may be renewed; however, should a rental license
not be renewed, or if the rental license is revoked or lapses, the rental license shall not be reinstated unless it is in
conformance with this subchapter and other applicable sections of the city code.
(4) If the number of rental properties meets or exceeds the permitted number of rental properties per defined block on
the effective date of this chapter, a property owner may request a temporary license to allow an additional rental property for
that block. The property owner must hire a licensed professional property management company to manage the property.
The Council may grant or deny a temporary license in its sole discretion. Persons requesting a temporary license must make
an annual application to the city. No property owner shall hold a temporary license for the same property for more than two
consecutive years.
(M) Crime-Free Lease Addendum. As a condition of the license, the applicant must use the Minnesota Crime-Free Lease
Addendum or its equivalent, as part of its leases.
(N) Phase One - Management Training. As a condition of the license, the applicant or manager of each licensed building
must complete Phase One - Management Training of the three phases of the Minnesota Crime Free Rental-Housing
program, as defined in § 150.042(A)(1)(e), within 12 months of City Council approval of the rental license.
(O) Tenant background checks and lease agreements. Upon request, provide a copy of third party or comparable
background checks for tenants and a copy of the lease.
(P) Contracts for deed. A property sold pursuant to a contract for deed must be recorded against the property or the
property will be deemed rental property and a license will be required.
(2001 Code, § 435.05) (Ord. 06-16, passed - -; Ord. 11-12, passed - -; Ord. 15-09, passed 9-14-2015)
§ 150.038 EXEMPTIONS.
This subchapter does not apply to the following:
(A) Hotels
(B) Motels
(C) Hospitals
(D) State-licensed residential care facilities
(E) Assisted living facilities
(F) Nursing homes
(G) High school dormitories
(H) Single-family homes or duplexes in which the owner resides within a portion of the building and there are a total of no
more than three unrelated persons within the owner’s dwelling unit. If the building is a duplex, only that portion of the
building in which the owner resides is exempt. The other portion of the duplex requires a rental license.
(2001 Code, § 435.07) (Ord. 06-16, passed - -; Ord. 08-25, passed - -; Ord. 08-26, passed - -; Ord. 15-09, passed 9-14-
2015)
§ 150.039 RESPONSIBILITY FOR ACTS OF MANAGER.
Licensees are responsible for the acts or omissions of their managers as it pertains to the rental dwelling.
(2001 Code, § 435.09) (Ord. 06-16, passed - - ; Ord. 15-09, passed 9-14-2015)
§ 150.040 MAINTENANCE STANDARDS.
(A) It is the responsibility of the licensee to assure that every rental dwelling and rental dwelling unit is maintained in
compliance with all city ordinances and state laws. A violation of any of the following laws and ordinances constitutes a
public nuisance:
(1) Building Code (§§ 150.001 through 150.008);
(2) International Property Maintenance Code (§§ 150.020 through 150.023);
(3) Animal regulations (Chapter 90);
(4) Fire Prevention Code (Chapter 91);
(5) Repeat nuisance service calls (§§ 34.15 through 34.19);
(6) Parked or stored motor vehicles (§ 72.05(D)); and
(7) Public nuisance regulations (Chapter 94).
(B) License hearing. Upon the occurrence of .5 violations of the above-stated provisions multiplied by the total number of
dwelling units per complex within a 12-month period, or a violation of a Category C mitigation plan as defined in §
150.041(B), the City Council may hold a license hearing pursuant to § 110.12 for consideration of suspension, revocation or
conversion to a provisional license. Depending upon the circumstances, nature and severity of the violation, the City Council
may hold a license hearing for fewer than .5 violations, if deemed appropriate.
(C) Inspections. The Building Official, Building Inspector, Rental Housing Inspector, Fire Department personnel, police
officers and their respective representatives, are authorized to make inspections reasonably necessary to enforce this
subchapter. All authorized inspectors have the authority to enter any rental dwelling or rental dwelling unit at all reasonable
times. Each occupant of a rental dwelling or rental dwelling unit shall give the owner, the owner’s agent or authorized city
official access to any part of such rental dwelling or rental dwelling unit at reasonable times for the purpose of inspection,
maintenance, repairs or alterations as are necessary to comply with the provisions of this subchapter. If any owner, owner’s
agent or occupant of a rental dwelling or rental dwelling unit fails or refuses to permit entry to a rental dwelling or rental
dwelling unit for an inspection pursuant to this subchapter, the inspector may seek an administrative search warrant
authorizing such inspection.
(2001 Code, § 435.11) (Ord. 06-16, passed - -; Ord. 15-09, passed 9-14-2015)
§ 150.041 TIERED FEE SYSTEM.
(A) License categories. Licenses will be issued based on a tiered fee system according to license type as indicated in
Table 1. The fees shall be set by City Council resolution. The period of time used to determine the tiered fee is the 12-month
period ending two months before the commencement of the license term.
Table 1
Category Type Property Code Violations and Validated City Service Calls
per Complex
Table 1
Category Type Property Code Violations and Validated City Service Calls
per Complex
Category A Less than 3 dwelling units:
No validated city service calls/code violations per complex in
a preceding 12-month period.
More than 3 dwelling units:
Less than .25 validated city service calls/code violations
multiplied by the total number of dwelling units per complex in a
preceding 12- month period.
Category B (includes all new
rental license applicants)Less than 3 dwelling units:
1-3 validated city service calls/code violations multiplied by
the total number of dwelling units per complex in a preceding
12-month period.
More than 3 dwelling units:
.25 to .5 validated city service calls/code violations multiplied
by the total number of dwelling units per complex in a
preceding 12-month period.
Category C Less than 3 dwelling units:
Over 3 validated city service calls/code violations multiplied
by the total number of dwelling units per complex in a
preceding 12-month period.
More than 3 dwelling units:
Over .5 validated city service calls/code violations multiplied
by the total number of dwelling units per complex in a
preceding 12-month period.
(B) Category C requirements. Rental license applicants who meet the definition of Category C may be issued a
provisional license and must pay a provisional license fee set by the City Council. In addition, the applicant must provide a
written mitigation plan to reduce the number of city service calls/code violations. If the property owner violates the mitigation
plan, City Council may hold a license hearing, as defined in § 150.040(B).
(C) Qualifying city service calls/code violations. Licensed dwellings that have generated city service calls or code
violations as indicated in the fee resolution in a preceding 12-month period as specified in this section shall be subject to the
tiered fee system.
(1) City service calls and code violations that are used to determine the appropriate tiered fee system category include
the following types of calls or events:
(a) City service calls and code violations listed in § 150.040(A).
(b) City service calls or events categorized as part one crimes in the uniform crime reporting system, including
homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson.
(c) City service calls or events categorized by the Police Department: miscellaneous juvenile status crimes, liquor
offenses or curfew violations; disturbing the peace or harassing communications; property damage; criminal damage to
property or trespass; domestic incidents (except as provided in § 150.041(C)(2)); fire alarms; fire code; public disturbance or
disorderly conduct; loud party or noise complaints; disorderly juveniles; assault in the fifth degree or non-domestic related
assaults. The Police Chief shall maintain for public inspection a description of the coding system and a list of the codes and
crimes included within each of these categories of calls or events.
(d) The Police Chief may determine that multiple incidents shall be counted as a single call in appropriate cases.
(2) Calls will not be counted for purposes of determining the appropriate tiered fee system Category when the victim
and suspect are “family” or “household members” as defined in the Domestic Abuse Act, Minn. Stat. § 518B.01, Subd. 2(b),
as it may be amended from time to time, and when there is a report of “Domestic Abuse” as defined in the Domestic Abuse
Act, Minn. Stat. § 518B.01, Subd. 2(a), as it may be amended from time to time, or when the tenant is the victim of an order
for protection violation under Domestic Abuse Act, Minn. Stat. § 518B.01, Subd. 14, as it may be amended from time to time,
except when the victim consented to a violation of a court order and the violation resulted in the city service call.
(Ord. 15-09, passed 9-14-2015)
§ 150.042 STAR PROGRAM.
To promote crime-free housing, the city encourages rental property owners to voluntarily participate in Level 1 or Level 2
of the STAR Program. A STAR Program application form must be completed and submitted with the license application in
order for an owner to participate in the STAR Program.
(A) More than three dwelling units. For owners with more than three dwelling units, the following criteria set forth the
STAR requirements for each participation level.
(1) Level 1. To qualify for Level 1, owners or managers shall comply with the following:
(a) Provide the city a copy of rental criteria regarding tenants with criminal backgrounds.
(b) Actively pursue the eviction of noncompliant tenants.
(c) Attend 25% of Responsible Owners and Managers Association (ROMA) meetings.
(d) Have no unresolved City Code violations.
(e) Within 12 months of joining the STAR Program, complete Phase 2 or Phase 3 of the Minnesota Crime-Free
Rental-Housing program. The phases of the Minnesota Crime-Free Rental- Housing program are:
1. Phase One- Management Training. Resident managers and/or owners attend an eight-hour seminar presented
by police, fire, public housing and others.
2. Phase Two- Security Assessment. This phase will certify that the rental property has met the security
requirements for the tenant’s safety.
3. Phase Three- Resident Training. A meeting is held for the residents where crime watch and crime prevention
techniques are discussed.
(2) Level 2. To qualify for Level 2, owners and managers shall achieve Level 1 and add the following:
(a) Within 12 months of joining the STAR Program, complete Phase 2 and Phase 3 of Crime-Free Rental-Housing
training and receive a certificate of completion by the city, as defined in § 150.042(A)(1)(e).
(b) Attend 50% of ROMA meetings.
(B) One to three dwelling units. For owners with one to three dwelling units, the following criteria set forth the STAR
requirements for each participation level.
(1) Level 1. To qualify for Level 1, owners and managers shall comply with the following.
(a) Actively pursue the eviction of noncompliant tenants.
(b) Have no unresolved city code violations.
(2) Level 2. To qualify for Level 2, owners and managers shall achieve Level 1 and add the following:
(a) Within 12 months of joining the STAR Program, complete Phase 2 and Phase 3 of the Crime-Free Rental-
Housing training and receive a certificate of completion by the city, as defined in § 150.042(A)(1)(e).
(b) Attend 50% of ROMA meetings.
(2001 Code, § 435.13) (Ord. 06-16, passed - -; Ord. 15-09, passed 9-14-2015)
§ 150.043 LICENSE DENIAL, SUSPENSION OR REVOCATION.
(A) Grounds for denial, suspension or revocation. The City Council may deny, revoke or suspend a license pursuant to §
110.12. During a suspension, the property for which the suspension occurred shall be included for purposes of calculating
the number of eligible lots per block, unless it is otherwise ineligible pursuant to § 150.037(L).
(B) Violations. A violation of this subchapter is a misdemeanor. However, the city may issue an administrative citation
pursuant to § 10.98.
(C) Notification to tenants. Upon suspension, revocation or denial of a license, or if the dwelling unit is not licensed, the
city will notify all affected tenants.
(2001 Code, § 435.15) (Ord. 06-16, passed - - ; Ord. 15-09, passed 9-14-2015)
§ 150.044 SUMMARY ACTION.
(A) Emergency. When the conduct of any owner or owner’s agent, representative, employee or lessee, or the condition of
the rental dwelling or rental dwelling unit, or the property in or on which it is located, is detrimental to the public health,
sanitation, safety and general welfare of the community, or residents of the rental dwelling or rental dwelling unit so as to
constitute a nuisance, fire hazard or other unsafe or dangerous condition and thus give rise to an emergency, the Building
Official has the authority to summarily condemn or close individual rental dwelling units or areas of the rental dwelling as the
Building Official deems necessary.
(B) Notice. Notice of summary action will be posted at the units or areas affected and will describe the units or areas
affected. No person shall remove the posted notice, other than the Building Official or a designated representative.
(C) Appeal. Any person aggrieved by a decision or action of the Building Official to condemn all or part of a rental
dwelling shall be entitled to appeal to the Council by filing a notice of appeal with the City Manager. The Manager must
schedule a date for hearing before the Council and notify the aggrieved person of the date.
(2001 Code, § 435.17) (Ord. 06-16, passed - -; Ord. 11-12, passed - - ; Ord. 15-09, passed 9-14-2015)
§ 150.045 POSTED TO PREVENT OCCUPANCY.
Whenever any rental dwelling or rental dwelling unit is found to be unfit for human habitation under § 150.040, it shall be
posted by the Building Official on the door of the rental dwelling or rental dwelling unit, whichever the case may be, to
prevent further occupancy. No person, other than the Building Official, shall remove or alter any posting. The Building
Official will post the date the rental dwelling or rental dwelling unit shall be vacated and no person shall reside in, occupy or
cause to be occupied that rental dwelling or rental dwelling unit until the Building Official or Council permits it.
(2001 Code, § 435.19) (Ord. 06-16, passed - - ; Ord. 15-09, passed 9-14-2015)
§ 150.046 NO WARRANTY BY CITY.
By enacting and undertaking to enforce this subchapter, neither the city, nor its Council, agents or employees warrant or
guaranty the safety, fitness or suitability of any rental dwelling or rental dwelling unit in the city. Owners and occupants
should take appropriate steps to protect their interests, health, safety and welfare.
(2001 Code, § 435.21) (Ord. 06-16, passed - - ; Ord. 15-09, passed 9-14-2015)
9-7-10: MAINTENANCE STANDARDS:
A. Every rental unit, other than a manufactured home lot, shall be maintained in accordance with the building standards
of chapter 2 of this title, the fire code adopted in chapter 5 of this title, the building code adopted in chapter 1 of this title, and
in a manner so as not to create a nuisance pursuant to title 3, chapter 3 of this code.
B. Every rental unit which is a manufactured home lot shall be maintained in accordance with the requirements of title 3,
chapter 10 of this code, and in a manner so as not to create a nuisance pursuant to title 3, chapter 3 of this code. (Ord. 96-
10, 5-6-1996)
9-7-12: CONDUCT ON REGISTERED PREMISES:
A. For purposes of this section, a premises is disorderly at which any of the following activities occur:
1. Conduct which constitutes a violation of sections 3-3-2 and 3-3-3 of this code relating to public nuisances.
2. Conduct which constitutes a violation of section 4-4-2 of this code relating to noisy parties and other unnecessary
and loud noises.
3. Conduct which constitutes a violation of laws relating to the possession of controlled substances, as defined in
Minnesota statutes 152.01 et seq.
4. Conduct which constitutes a violation of section 4-4-1 of this code relating to disorderly conduct or creating a breach
of the peace or violation of laws relating to disorderly conduct as defined in Minnesota statutes 609.72.
5. Conduct which constitutes a violation of subsection 2-3-14C of this code relating to minors possessing or consuming
alcohol, subsection 2-3-14B of this code relating to providing alcohol to minors, or violation of Minnesota statutes 340A.701,
340A.702 or 340A.703, relating to the sale of intoxicating liquor.
6. Conduct which constitutes a violation of subsection 4-4-11A or 4-4-11B of this code relating to prostitution or
indecent exposure, or a violation of laws relating to prostitution or acts related to prostitution as defined in Minnesota
statutes 609.321, subdivision 9.
7. Conduct which constitutes a violation of section 4-4-12 of this code relating to weapons, or laws relating to unlawful
use or possession of a firearm as defined in Minnesota statutes 609.66 et seq., on the registered premises.
8. Conduct which constitutes a violation of section 4-4-9 of this code relating to assaults, or 609.221 et seq., of the
Minnesota statutes relating to assaults, including domestic assaults, as defined in Minnesota statutes 609.224.
9. Conduct which constitutes a violation of 609.595 of the Minnesota statutes relating to criminal damage to property.
10. Conduct which constitutes a violation of 609.713 of the Minnesota statutes relating to terroristic threats.
B. The city manager shall be responsible for administration of this section. The authority to take any action authorized
under this section may be delegated to the city manager's authorized designee or designees.
C. Upon determination by the city manager or his/her designee that a rental unit registered premises was used in a
disorderly manner, as described in subsection A of this section, the city manager or his/her designee, shall give notice to the
registration holder and the renters of the rental unit affected, of the violation and direct the registration holder to take steps
to prevent further violations.
D. If another instance of disorderly use of the rental unit registered premises occurs within twelve (12) months of an
incident for which a notice in subsection C of this section was given, the city manager, or his/her designee, shall notify the
registration holder and the renters of the affected unit of the violation and shall require the registration holder to submit a
written report of the actions taken, and actions proposed to be taken, by the registration holder to prevent further disorderly
use of the premises. This report shall be submitted to the city manager, or his/her authorized designee, within five (5) days
of receipt of the notice of disorderly use of the premises, and shall detail all actions taken by the registration holder in
response to all notices of disorderly use of the premises within the preceding twelve (12) months.
E. If another instance of disorderly use of the rental unit registered premises occurs within twelve (12) months after any
two (2) previous instances of disorderly use for which notices were given to the registration holder and the renters of the
affected unit, pursuant to this section, the rental dwelling license for the rental unit may be denied, revoked, suspended or
not renewed if the actions proposed to be undertaken by licensee pursuant to subsection D of this section are inadequate
and/or are not being diligently pursued. An action to deny, revoke, suspend or not renew a license under this section shall
be initiated by the city manager, or his/her designee, pursuant to the procedures set out in section 9-7-13 of this chapter.
F. A determination that the registered premises have been used in a disorderly manner as described in subsection A of
this section shall be made upon a fair preponderance of the evidence to support such a determination. It shall not be
necessary that criminal charges be brought in order to support a determination of disorderly use, but the incident must have
resulted in the police being called to the rental unit registered premises and a police report being prepared.
G. For purposes of this chapter, "disorderly use of the rental unit registered premises" shall mean disorderly use in the
particular rental unit by the renters, occupants or guests or conduct by the tenants which constitutes disorderly use
anywhere on the property of the apartment building or home or mobile home park in which the rental unit is situated.
H. No adverse license action shall be imposed where the instance of disorderly use of the licensed rental unit occurred
during the pendency of eviction proceedings (unlawful detainer), or within thirty (30) days of notice given by the licensee to a
Moorhead Ordinance Clips
tenant to vacate the premises where the disorderly use was related to conduct by that tenant or by other occupants or
guests of the tenant's unit. Eviction proceedings shall not be a bar to adverse license action however, if the eviction
proceedings are not diligently pursued by the licensee. Further, an action to deny, revoke, suspend or not renew a license
based upon violations of this section may be postponed or discontinued at any time if it appears that the licensee has taken
appropriate measures which will prevent further instances of disorderly use.
I. Notwithstanding any other language of this section to the contrary, conduct which otherwise constitutes disorderly use
for purposes of this section will not be deemed to be disorderly use for purposes of this section if the police discovered the
domestic abuse or other conduct as a result of a call by a tenant of the rental unit in which the disorderly use is occurring, or
if the use is occurring outside the specific rental unit, by a tenant of the rental unit which would have otherwise received
notice of disorderly use pursuant to the terms of this section. (Ord. 2014-18, 9-8-2014)
9-7-13: FAILURE TO GRANT REGISTRATION, REVOCATION, SUSPENSION OR FAILURE TO RENEW
REGISTRATION:
A. The city reserves the right not to register a unit unless the rental unit or units for which registration is sought complies
with the requirements of this chapter.
B. Any registration issued under this chapter is subject to the right, which is hereby expressly reserved by the city, to
suspend, revoke or fail to renew the same should the registration holder or their agents, employees, representatives or
lessees directly or indirectly operate or maintain the rental dwellings contrary to the provisions of this chapter, other than
section 9-7-12 of this chapter, or any other ordinance of the city or any special permit issued by the city, or the laws of the
state. Provided, however, registration shall not be suspended, revoked or failed to be renewed if the registration holder
complies with a compliance order or orders in a timely manner.
C. The city manager or his/her designee, shall notify, in writing, the applicant that his/her registration has been denied, or
the registration holder that his/her registration is being suspended, removed or nonrenewed. The suspension, revocation or
nonrenewal shall occur thirty five (35) days after the date of the order, or at such later date as set out in the order. The
notice shall be served by mailing a copy of the order to the property owner, and the designated local property manager, if
any, as indicated in the records on file in the housing division of the fire department of the city.
D. The registration holder, or designated local manager, shall have the right to request a hearing before the city council
by filing a written appeal from the order at the office of the city clerk within fifteen (15) days of the date of the order. The
timely filing of the written appeal shall stay the enforcement of the order until the appeals process is completed.
E. The registration holder shall receive at least seven (7) days' written notice of the hearing date before the council and,
at the hearing, the registration holder, the local managing agent, or an attorney representing the registration holder may
present evidence. After the hearing, the council may uphold the decision of the city manager, or his/her designee, reverse
the decision of the city manager, or his/her designee, or enter a different order with different conditions if the city council
deems it necessary to protect the public health, sanitation, safety or general welfare of the community at large or the
residents of rental units in the city. The city council shall issue written findings of fact and its order within twenty (20) days of
the hearing.
F. The decision of the city council may be appealed by the registration holder by filing an appeal or an appropriate writ
with the Clay County district court within fifteen (15) days of the date of the order of the city council.
G. A reinstatement fee will be charged to the owner of a rental property the rental registration of which has been revoked.
Before issuing a registration certificate any code violations or deficiencies must be corrected prior to inspection and any
outstanding fees must be paid in full. (Ord. 2014-18, 9-8-2014)
CHAPTER 4
CONSTRUCTION AND HOUSING
REGULATIONS AND PERMITS
SECTION 4.01. BUILDING CODE ADOPTED. The Minnesota State
Building Code (SBC), including Minnesota Rules Chapter 7080 — Individual
Sewage Treatment Systems, is hereby adopted by reference as though set forth
verbatim herein. One copy of said Code shall be marked CITY OF RED WING -
OFFICIAL COPY and kept on file in the office of the Building Official and open to
inspection and use by the public.
Source: Ordinance No. 349, Third Series
Effective Date: 3-26-04
SECTION 4.02. BUILDING PERMITS REQUIRED. It is unlawful for
any person to erect, construct, enlarge, alter, repair, move, improve, remove,
convert, or demolish any building or structure, or any part or portion thereof,
including, but not limited to, the plumbing, electrical, ventilating, heating or air
conditioning systems therein, or cause the same to be done, without first obtaining
a separate building or mechanical permit for each such building, structure or
mechanical components from the City. (Also see City Code Section 11.70,
Subdivision 3).
Source: City Code
Effective Date: 5-1-85
SECTION 4.03. HOUSING MAINTENANCE CODE.
Subd. 1. Title. This section may be known, cited, and referred to as the
Red Wing Housing Maintenance Code" or "the HMC."
Subd. 2. Purpose. The purpose of the HMC is to protect, preserve,
and promote the public health, safety, and the general welfare of the people of the
City, to prevent housing conditions that adversely affect or are likely to adversely
affect the life, safety, general welfare, and health, including the physical, mental,
and social well-being of persons occupying dwellings within the City, to provide, to
the extent permitted by state law, for the enforcement of minimum standards for
components or systems of residential structures; to provide for the use and
location and amount of space for human occupancy; and to preserve the value of
land and buildings throughout the City.
Subd. 3. Discrimination and Privacy. The HMC is to be enforced in a
nondiscriminatory manner and exclusively for the purpose of promoting public as
opposed to private welfare. Except as may be specifically provided herein or
incidental to the enforcement hereof, the HMC is not intended to interfere with
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Red Wing Property Maintenance Code
personal privacy or with private legal rights and liabilities, including without
limitation landlord/tenant and lessor/lessee relationships, and in enacting and
enforcing the HMC, the City neither expressly nor by implication assumes any
obligations or liabilities respecting such private rights or disputes, including those
which involve or arise out of the non -conformity of any premises in the City to the
provisions of the HMC.
Subd.4. Definitions.
A. For purposes of Section 4.03, the definitions below apply.
1. "Abandonment of a Building or Structure" — the consequence of
ceasing to assert or exercise an interest, right, or title to that building
or structure, with the intent of never again resuming or reasserting it.
2. "Accessory Structure" — a structure not greater than 3,000 square
feet in floor area and not over two stories in height, the use of which
is customarily accessory to and incidental to that of the dwelling(s)
and which is located on the same lot.
3. "Adequate" — sufficient.
4. "Basement" — that portion of a Building or Structure located partly
underground, but having less than half its clear floor -to -ceiling height
below the average grade of the adjoining ground.
5. "Building" — a constructed edifice designed to stand more or less
permanently, covering a space of land, designed for occupancy, and
intended for use in one place.
6. "Common Areas" — halls, corridors, passageways, utility rooms,
recreational rooms and extensively landscaped areas in or adjacent
to a multiple dwelling, not under the exclusive control of one person
or family.
7. "Component" — a constituent part.
8. "Condominium" — a form of individual ownership within a multifamily
building which entails joint responsibility for maintenance and
repairs; in the condominium each apartment or townhouse is owned
outright by its occupant.
9. "Corrected" — brought into conformance with all applicable standards
of the HMC.
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Updated 09-11-2021)
10. "Cooperative Housing" — a multiple family dwelling owned and
maintained by the residents: the entire structure and real property is
under common ownership as contrasted to a condominium dwelling
where individual units are under separate individual occupant
ownership.
11. "Damage" — injury or harm.
12. "Degradation" — impairment in respect to some physical property,
including Damage by weakening or loss of some property, quality, or
capability.
13. "Dilapidation" — a condition of decay or partial ruin.
14. "Disaster" — a sudden or great misfortune.
15. "Dwelling Unit" — a single unit providing complete independent living
facilities for one or more persons, including permanent provisions for
living, sleeping, eating, cooking and sanitation.
16. "Exclude Dampness" — to shut out moisture.
17. "Exit" — a continuous and unobstructed means of egress to the
outdoors and includes intervening doors, doorways, corridors,
ramps, stairways, smoke -proof enclosures, horizontal exits, exit
passageways, exit courts and yards.
18. "Extermination" — the control and elimination of insects, rodents or
other pests by eliminating their harborage places; by removing or
making inaccessible materials that serve as their food; by poisoning,
spraying, fumigating, trapping; or by any other recognized and legal
pest elimination methods approved by the Health Officer.
19. "Fire Hazard" — a thing or condition that might operate against Safety
from fire, including a possible source of peril, danger, duress, or
difficulty, or that tends to create or increase the possibility of loss due
to fire.
20. "Garbage" — putrescible animal and vegetable wastes, including
those resulting from the handling, preparation, cooking, and
consumption of food.
21. "Habitable Room" — a room or enclosed floor space used or intended
to be used for living, sleeping, cooking, or eating purposes, but
excluding bathrooms, water closet compartments, laundries, furnace
rooms, pantries, utility rooms, foyers, corridors, stairways, closets,
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storage spaces, workshops, hobby and recreation areas, and
Basements lacking required ventilation, required electrical outlets, or
required Exit facilities.
22. "Hazard" — a thing or condition that might operate against Safety,
including a possible source of peril, danger, duress, or difficulty, or
that tends to create or increase the possibility of loss.
23. "Health Officer" — the legally designated health officer of the City of
Red Wing or his or her authorized representative.
24. "Hotel or Motel" — a building or structure or enclosure, or any part
thereof, kept, used as, maintained as, or advertised as, or held out to
the public to be an enclosure where sleeping accommodations are
furnished to the public and furnishing accommodations for periods of
less than one week.
25. "Inadequate" —means not Adequate.
26. "Infestation" — the presence, within or around a Dwelling, of any
insects, rodents, or pests.
27. "Kitchen" — a space used or intended to be used for food preparation,
which contains a sink, adequate space for installing cooking and
refrigeration equipment, and space for the storage of cooking
utensils.
28. "Maintenance" — preservation from failure or decline.
29. "Maintained" — preserved from failure or decline.
1011 i101M 1i
a) A public nuisance which may prove detrimental to children
whether in a Building, on the premises of a Building, or upon an
unoccupied lot. This includes, but is not limited to, the
abandonment of any well, cistern, shaft, Basement, or
excavation; the abandonment of any refrigerator or freezer in a
hazardous condition; an unlicensed or inoperable motor vehicle;
or any lumber, Garbage, Rubbish, or debris which may become a
hazard for inquisitive minors; or
b) Overcrowding a room or portion of a Dwelling with long-term
storage so as to prevent upkeep, maintenance or regular
housekeeping. A room may be considered overcrowded when
storage covers an excessive amount of the floor area of a room,
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constitutes a potential excessive fire load, prevents access to
windows or doors, prevents access to or obstructs mechanical
systems or air movement, effectively eliminates use and access
to required electrical devices, impedes access and movement of
emergency personnel, blocks hallways, limits the operation of
doors or provides potential pest harborage.
31. "Obsolescence" — the process of becoming neglected or the
condition of being nearly neglected or worn out.
32. "Occupant" — any person, over one year of age, (including owner or
operator) living, sleeping, cooking, or eating in, or having actual
possession of, a Dwelling Unit or rooming unit.
33. "Operator or Resident Agent" — the Owner or Owner's agent who has
charge, care, control, or management of a Building, or part thereof,
in which Dwelling Units or rooming units are let or offered for
occupancy.
34. "Owner" — a person who alone, jointly, or severally with others:
a) shall have legal title to any Dwelling or Dwelling Unit, with or
without accompanying actual possession thereof; or,
b) shall have charge, care or control of any Dwelling or Dwelling
Unit, as owner or agent of the owner, or as executor, executrix,
administrator, administratrix, trustee or guardian of the estate of
the owner. Any such person thus representing the actual owner
shall be bound to comply with the provisions of this Section, and
of rules and regulations adopted pursuant thereto, to the same
extent as if he were the owner.
35. "Owner -Occupied Dwelling" — a dwelling unit occupied by the
property owner, including for purposes of the HMC, a single-family
dwelling or the discrete portion of a two-family or multi -family
dwelling where the owner resides in one unit.
36. "Premises" — platted lot(s) or unplatted parcel(s) of land, or any
portion thereof, either occupied or unoccupied by any dwelling or
non -dwelling structure, including such building, accessory structure,
or other structure thereon.
37. "Public Areas" — those areas which are normally open to the general
public or the occupants of more than one dwelling unit of a multiple
family dwelling.
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38. "Rental Dwelling or Rental Dwelling Unit" — any dwelling unit not
occupied by the primary homestead owner of record. Such a unit
may be a single-family dwelling, a separate and independent
housekeeping unit within a single-family dwelling, a group home, one
unit of a two-family dwelling or a portion of a multi -family dwelling,
any of which are provided or available for actual or potential
occupancy whether occupied or vacant by lease, by use, by rent or
for any other good and valuable consideration, excluding the portion
of a homestead property occupied by a qualified relative, or
residential property seasonally occupied by what is commonly
referred to as a "house sitter" while the owner of the property is
residing elsewhere for a period not to exceed six (6) months.
Manufactured homes that are occupied by the owner of the home do
not constitute rental Dwelling Units even though the underlying lot
may be leased by the owner occupant.
39. "Rodent Harborage" — a place where rodents are living, nesting, or
seeking shelter, or likely to live, nest, or seek shelter.
40. "Rodent -Proof' — a condition where a structure and all parts thereof
are protected from rodent, insect and vermin Infestation by
eliminating ingress and egress openings such as cracks in walls and
holes in screens. For the purpose of the HMC the term "rodent -
proof' shall be construed as though it included "insect -proof' and
vermin -proof."
41. "Rooming Unit" — a 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.
42. "Rubbish" — non-putrescible solid wastes consisting of both
combustible and noncombustible wastes, such as paper, cardboard,
tin cans, grass and shrubbery clippings, wood, glass, brick, plaster,
bedding, crockery, and similar materials.
43. "Safe" — secure from threat of danger, harm or loss, including but not
limited to the treat of Unsafe conditions as defined below.
44. "Safety" —the condition of being Safe.
45. "Sanitary" — free from or effective in preventing or checking an agent
such as filth or infection) injurious to health.
46. "Supplied" — paid for, furnished, or provided, by or under the control
of, the owner or operator.
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47. "System" — a group of devices or artificial objects or an organization
forming a network especially for distributing something or serving a
common purpose.
48. "Unsafe" — not Safe, and includes but is not limited to the following
applications:
a) when referring to a building or structure, one that is structurally
unsafe or not provided with adequate egress, that constitutes a
Fire Hazard, or that is otherwise dangerous to human life.
b) when referring to a use of a building or a structure, a use that
constitutes a Hazard to Safety, health, or public welfare by
reason of Inadequate Maintenance, Dilapidation, Obsolescence,
Fire Hazard, Disaster, Damage, or Abandonment.
c) when referring to parapet walls, cornices, spires, towers, tanks,
statuary, or other appendages or structural members that are
supported by, attached to, or a part of a building, one that is in
deteriorated condition or otherwise unable to sustain the design
loads that are specified in the Guidelines for Rehabilitation of
Existing Structures as modified by Minn. R. Chapter.
49. "Yard" — all ground, lawn, court, walk, driveway, or other open space
constituting part of the same premises.
B. If a term used in Section 4.03 Subd. 8 is not defined in Section 4.03, but
is defined in an applicable Minnesota Building Code, that term shall
have the meaning as defined in that Code.
C. Terms that are not defined in Section 4.03 or (for Subd. 8) in an
applicable Minnesota Building Code shall have their ordinary accepted
meanings within the context in which they are used, as determined in
the following manner:
1. For undefined terms in Section 4.03 Subd. 8, Webster's Third New
International Dictionary of the English Language, Unabridged,
copyright 1986, shall be considered as providing ordinarily accepted
meanings.
2. For undefined terms in any other subdivision of Section 4.03, the
on-line version of the Merriam -Webster Collegiate Dictionary,
available at www.m-w.com, shall be considered as providing
ordinarily accepted meanings.
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Subd. 5. Applicability. A Building and its Premises used in whole or in
part as a residence, or as an Accessory Structure thereof except rest homes,
convalescent homes, nursing homes, Hotels, and Motels, must conform to the
requirements of this code. Licensing and inspections of Rental Dwellings and their
premises are governed by Section 4.04. Enforcement action, under the HMC,
against Owner Occupied Dwellings is limited to violations of Paragraphs (B)
through (F) of Subdivision 9. This limit does not apply to Rental Dwellings, rented
portions of Dwellings, Common Areas, or areas that are under the exclusive
control of a Rental Dwelling Owner, such as mechanical rooms, storage rooms, or
vacant rental units. These Rental Dwellings, portions of Dwellings, Common
Areas, areas under the exclusive control of a Rental Dwelling Owner, and vacant
Rental Dwelling Units, shall comply with this section in its entirety. Condominium
and Cooperative Housing public areas shall be subject to the requirements
applicable to Rental Dwellings if one or more Dwellings in such a building is a
Rental Dwelling. Except as otherwise provided in this subdivision, the HMC
establishes minimum standards for erected Dwelling Units, Accessory Structures,
and related Premises.
Subd. 6. General Responsibilities of Owners.
A. The owner of a Structure is responsible for ensuring that it meets the
applicable provisions of the HMC. The duty to comply with the HMC
cannot be transferred to another person. A contract purporting to
transfer the duty of compliance with the HMC to another person does
not relieve the owner, operator or occupant of any duty imposed by the
HMC.
Subd. 7. Smoke and Carbon Monoxide Detection.
A. Definitions.
1. Those terms defined in Minn. Stat. § 299F.362, Subd. 1 shall also
carry those meanings when they appear below in smoke detector
regulations.
2. Those terms defined in Minn. Stat. § 299F.50 shall also carry those
meanings when they appear below in carbon monoxide detector
regulations.
3. For purposes of Subd. 7 only, the phrases "single-family home" and
single-family dwelling unit" mean a dwelling unit occupied by:
a) A person living alone, or any of the following groups living
together as a single nonprofit housekeeping unit and sharing
common living, sleeping, cooking, and eating facilities-
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1) Any number of people related by blood, marriage, adoption,
guardianship or other duly -authorized custodial relationship;
2) Three unrelated people; or
3) Two unrelated people and any children related to either of
them.
4. When inspecting for compliance with Subd. 7, City inspectors shall
presume that any dwelling with only one dwelling unit is a
single-family home and a single-family dwelling unit for purposes of
Subd. 7, and will not inquire regarding the relationships between
occupants, but this presumption may be rebutted by information
volunteered by an owner or occupant.
B. In Single -Family Homes or Single -Family Dwellings.
1. Single and multiple -station smoke alarms shall be installed in the
following locations:
a) In each room used for sleeping purposes.
b) On the ceiling or wall outside of each separate sleeping area in
the immediate vicinity of bedrooms.
c) In each story within a dwelling unit, including basements, but not
including crawl spaces and uninhabitable attics. In dwellings or
dwelling units with split levels and without an intervening door
between the adjacent levels, a smoke alarm installed on the
upper level shall suffice for the adjacent lower level provided that
the lower level is less than one full story below the upper level.
2. Smoke detectors improperly located or mounted may be required to
be relocated or remounted.
3. The dwelling must have an approved and operational carbon
monoxide alarm installed within ten feet of each room lawfully used
for sleeping purposes.
C. In Residential Structures Other Than Single -Family Homes.
1. For every other dwelling unit within an apartment house or within a
dwelling that is not a single-family home-
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a) Each dwelling unit must be provided with a smoke detector
meeting the requirements of the State Fire Code, Minn. R.
Ch. 7511.
b) Smoke detectors must be mounted in the location or locations set
forth in section (b) (i) of this subdivision.
c) When actuated, the detector must provide an alarm in the
dwelling unit.
d) Where the occupant is not the owner of the dwelling unit, the
owner is responsible for maintenance of the smoke detectors.
The occupant of a dwelling unit must inform the owner of the
dwelling unit of a nonfunctioning smoke detector within 24 hours
of discovering that the smoke detector in the dwelling unit is not
functioning.
2. Effective August 1, 2009, the following regulations apply to
multifamily dwellings:
a) Subject to the exception in subpart 2 below, Every dwelling unit in
a multifamily dwelling must satisfy at least one of these two
standards:
1) It must have an approved and operational carbon monoxide
alarm installed within ten feet of each room lawfully used for
sleeping purposes; or
2) It must have approved and operational carbon monoxide
alarms installed between 15 and 25 feet of carbon monoxide -
producing central fixtures and equipment, provided there is a
centralized alarm system or other mechanism for responsible
parties to hear the alarm at all times.
b) An owner of a multifamily dwelling that contains minimal or no
sources of carbon monoxide may be exempted from the
requirements of subpart 1 above, provided that such owner has
certified to the commissioner of public safety that such multifamily
dwelling poses no foreseeable carbon monoxide risk to the health
and safety of the dwelling units.
Subd. 8. Conditions of Components or Systems of Existing Residential
Structures.
A. Scope. Subd. 8 shall govern the conditions of Components and
Systems of existing residential Structures.
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B. Certified Historic Structures. In a Certified Historic Structure as defined
in Minn. R. 1311.0301, the requirements of this subdivision are subject
to modifications specifically set forth in Chapter 6 of the Guidelines for
Rehabilitation of Existing Buildings as modified by Minn. R.
Chapter 1311.
C. Modifications. Where there are practical difficulties involved in carrying
out the provisions of Subd. 8, the City may accept compliance
alternatives or grant modifications for individual cases. The City shall
first find that a special individual reason makes the strict letter of Subd. 8
impractical, and that the compliance alternative or modification is in
conformance with the intent and purpose of Subd. 8 and that such
compliance alternative or modification does not lessen health, life and
the intent of any fire -safety requirements or any degree of structural
integrity. The details of any action granting modification or the
acceptance of a compliance alternative shall be recorded and entered in
City files.
D. Safe and Sanitary Condition Required. All buildings and structures and
all parts thereof shall be Maintained in a Safe and Sanitary condition.
E. Additional Requirements Applicable to Electrical Components or
Systems.
1. The electrical service, lines, switches, outlets, fixtures, and fixture
coverings, and supports in every building or structure shall be in
good repair.
2. Broken, loose, frayed, inoperative, defective, or missing portions of
Electrical Components or Systems shall be repaired or replaced.
3. All Unsafe conditions shall be Corrected.
F. Additional Requirements Applicable to Plumbing Components or
Systems.
1. Leaking drain or supply lines shall be repaired or replaced.
2. All Unsafe conditions shall be Corrected.
3. Any cross -connections or siphonage between fixtures shall be
Corrected.
G. Additional Requirement Applicable to Mechanical Systems. Mechanical
systems shall have any Unsafe conditions Corrected.
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H. Means of Egress. The Structure must meet those requirements of
Sections 403.1 through 403.18 of GREB as modified by Minn. Rules
Chapter 1311 that, by their wording or phrasing, apply to existing
structures without regard to whether alteration, repair or other work is
being performed on the Structure.
Boiler/Central Heating Plant Equipment Rooms and Storage Rooms. In
residential occupancies containing more than two dwelling units
including apartment buildings):
1. Rooms containing boilers or central heating plants, and storage
rooms with floor area exceeding 100 square feet in size, shall be
separated from the rest of the building by not less than a one -hour
occupancy separation.
2. When approved by a building official, existing wood lath and plaster
in good condition or '/2 inch (12.7 mm) gypsum wallboard may be
accepted where one -hour occupancy separations are required.
a) In a Certified Historic Structure as defined in Minn. R. 1311.0301,
where the existing wall and ceiling finish is wood lath and plaster,
1-hour fire-resistant construction is not required and need not be
provided.
3. A separation need not be provided for such rooms with equipment
serving only one dwelling unit.
J. Structural Safety.
1. The minimum design loads for the structure shall be the loads
applicable at the time the building was constructed, provided that no
dangerous condition is created. Structural members that are found
to be unsound or dangerous shall comply with the applicable
requirements of the Minnesota State Building Code for new
construction.
2. A building, structure, or an individual structural member that has any
of the conditions or defects described below, as determined by a
licensed design professional, shall be replaced or strengthened
when:
a) The stress in any materials, member, or portion thereof, due to all
dead and live loads, is more than one and one-half the working
stress or stresses allowed in the Minnesota State Building Code
for new buildings of similar structure, purpose, or location.
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b) Any portion of the building, structure, or member has been
damaged by fire, earthquake, wind, flood, or by any other cause,
to such an extent that its structural strength or stability is
materially less than it was before the catastrophe and is less than
the minimum requirements of the Minnesota State Building Code
for new buildings of similar structure, purpose, or location.
c) Any portion of the building, structure, or member has wracked,
warped, buckled, or settled to such an extent that walls or other
structural portions have materially less resistance to winds or
earthquakes than is required in the case of similar new
construction.
d) The building or structure, or any portion of it, is likely to partially
or completely collapse because of (i) dilapidation, deterioration,
or decay; (ii) faulty construction; (iii) the removal, movement, or
instability of any portion of the ground necessary for the purpose
of supporting such building; (iv) the deterioration, decay, or
Inadequacy of its foundation; or (v) any other cause.
e) The exterior walls or other vertical structural members list, lean,
or buckle to such an extent that a plumb line passing through the
center of gravity does not fall inside the middle one-third of the
base.
f) The building or structure, exclusive of the foundation, shows
33 percent or more damage or deterioration of its supporting
member or members, or 50 percent damage or deterioration of its
nonsupporting members, enclosing or outside walls, or coverings.
g) Any building or structure, which, whether or not erected in
accordance with all applicable laws and ordinances, has in any
nonsupporting part, member, or portion less than 50 percent, or
in any supporting part, member, or portion less than 66 percent of
the (i) strength, (ii) fire -resisting qualities or characteristics, or
iii) weather -resisting qualities or characteristics required by law
in the case of newly constructed building or like area, height, and
occupancy in the same location.
K. Weather Protection.
1. Every building shall be weather protected to provide shelter for the
occupants against the elements and to Exclude Dampness.
2. The roof of every building or structure shall provide weather
protection for the building.
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3. All devices that were provided or are required to prevent ponding or
flooding or to convey the roof water shall be capable of fulfilling that
purpose.
4. All weather -exposed surfaces of every existing building or structure
shall provide weather protection.
L. Maintenance and Degradation.
1. All systems, devices, or safeguards that were required by a
Minnesota Building Code under which the building was constructed
shall be Maintained in conformance with the requirements of that
Code.
2. Failure to correct Degradation of any system, device or equipment
that a Minnesota Building Code required at the time of its
construction is prohibited.
Subd.9. Conditions of Residential Housing Other than Components
and Systems.
A. Scope. Subd. 9 shall govern the conditions in residential housing other
than components and systems of a Structure.
B. Accumulation of Dirt, Filth, Rubbish, or Garbage.
1. An Owner, Operator or Occupant of a Dwelling Unit may not allow
the accumulation of dirt, filth, Rubbish, or Garbage on the Premises
occupied or controlled in a manner that could create a health hazard
to the Dwelling Occupants or the general public.
C. Rodent Harborages in Occupied Areas.
1. Joint Responsibility. An Owner, Occupant or Operator may not allow
formation of Rodent Harborages in or about the premises he or she
occupies or controls.
2. Occupant Responsibility for Extermination. The occupant of a
Dwelling containing a single Dwelling Unit is responsible for the
Extermination of rodents, insects or vermin on the premises. Every
Occupant of a Dwelling unit in a Dwelling containing more than one
Dwelling Unit is responsible for such Extermination whenever the
Dwelling Unit is the only one Infested.
3. Owner Responsibility for Extermination. Whenever Infestation is
caused by the failure of the Owner to maintain a Dwelling in a
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reasonable Rodent -Proof condition, Extermination is also 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 is also the responsibility of the Owner.
4. Standard: Where subparts b or c of this subdivision give rise to a
duty to undertake Extermination, it is a violation of this code if the
inspection does not demonstrate that such Extermination has been
undertaken at least to a degree that is proportionate to the need for
it.
D. Nuisance. An Owner, Operator or Occupant of any Dwelling Unit may
not allow the formation or presence of any Nuisance in or about the
Premises.
E. Yard Cover. Exposed areas surrounding (or within) a principal or
Accessory Structure, including street boulevards which are not devoted
to parking, drives, sidewalks, patios or other such uses, must be
landscaped with grass, shrubs, trees, or other ornamented landscape
material. Such landscaping shall be maintained in good condition and
free of noxious weeds. Weeds, including tall grass, may not exceed six
inches in height.
F. Snow, Ice, and Stormwater Management.
1. Property Owners and Occupants shall be responsible to abate the
snow and ice from the public sidewalk located on the City boulevard
that abuts or fronts their property within 12 hours after such snow or
ice has ceased to be deposited.
2. In no case may storm water be channeled into the sanitary sewer
system. Storm water, ice, or snow may not be directed onto, or
channeled across walkways or streets where it is likely to be a safety
hazard.
G. Minimum Temperature Standards for Rental Properties.
1. When the temperature outside the structure is below 60 degrees
Fahrenheit, it is the responsibility of the Owner that a minimum
temperature of 68 degrees Fahrenheit be maintained in a Dwelling
Unit at a point 3 feet above the floor and 2 feet from exterior walls in
all habitable rooms, unless the Occupant of that unit chooses to
maintain a lower temperature. The installation of one or more
portable space heaters shall not be used to achieve compliance with
this section.
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CHAPTER 106: PROPERTY MAINTENANCE
Section
106.01 Adoption of the International Property Maintenance Code
106.02 Amendments to International Property Maintenance Code
§ 106.01 ADOPTION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE.
The 2012 International Property Maintenance Code (IPMC), as promulgated by the International Code Council, Inc., is
adopted by reference and incorporated into the city code in whole as if it was set out in full, subject to the amendments
contained in this chapter.
(Ord. 2001-955, passed 8-13-01; Am. Ord. 2009-1104, passed 9-8-09; Am. Ord. 2016-1207, passed 9-12-16)
§ 106.02 AMENDMENTS TO INTERNATIONAL PROPERTY MAINTENANCE CODE.
The following amendments are made to the 2012 International Property Maintenance Code:
(A) Section 101.1 Title. These regulations shall be known as the Property Maintenance Code of the City of Brooklyn
Park, hereinafter referred to as “this code.”
(B) Section 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy
shall be done in accordance with the procedures and provisions of the Minnesota State Building Code (MSBC), established
pursuant to M.S. §§ 326B.101 to 326B.194, as adopted by the city. Nothing in this code shall be construed to cancel, modify
or set aside any provision of the MSBC or the City of Brooklyn Park Zoning Code.
(C) Section 102.7 Referenced codes and standards. The codes and standards referenced in this code shall be those
listed in Chapter 8, those listed in the MSBC, and considered part of the requirements of this code to the prescribed extent
of each such reference. Where differences occur between provisions of this code and the referenced standards, the
provisions of this code shall apply to the extent permitted by law and regulation.
(D) Section 103.1 General. The City Manager or his or her designee is responsible for administering the provisions of this
code, and the executive official in charge thereof shall be known as the Code Official.
(E) Section 103.2 Appointment. The Code Official shall be appointed by the chief appointing authority of the jurisdiction.
(F) Section 103.5 Fees. The fees for activities and services performed in carrying out responsibilities under this code shall
be in amounts set forth by the City Council.
(G) Section 106.4 Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or
with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day a
violation continues after due notice has been served may be deemed a separate offense.
(H) Section 106.6 Execution of compliance orders by public authority. Upon failure to comply with a compliance order
within the time set therein (and no appeal having been taken), or upon failure to comply with a modified compliance order
within the time set therein, the criminal penalty established hereunder notwithstanding, the City Council, after due notice to
the owner, may by resolution cause the cited deficiency to be remedied as set forth in the compliance order. The cost of
such remedy is a lien against the subject real estate. Such a lien may be levied and collected as a special assessment in the
manner provided by M.S. Chapter 429. It may be levied for any of the reasons set forth in M.S § 429.101, Subd. 1, and
specifically for the removal or elimination of public health or safety hazards from private property. However, the assessment
must be payable in a single installment. It is the intent of this section to authorize the city to utilize all of the provisions of
M.S. § 429.101 to promote the public health, safety and general welfare.
(I) Section 108.4 Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within
the time given, the code official shall post on the premises or on defective equipment a placard and a statement of the
penalties provided for occupying the premises, operating the equipment or removing the placard.
(J) Section 111. Not adopted.
(K) Section 112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work
order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a
fine of not less than collectable by the city charter but less than 100%.
(L) Section 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the MSBC
and the City of Brooklyn Park Zoning Code, such terms shall have the meanings ascribed to them in those codes.
(M) Section 202 General definitions.
CODE OFFICIAL. The official charged with the administration and enforcement of this code, or any duly authorized
representative. For the purpose of administration and enforcement of this code, the Building Official shall be the CODE
OFFICIAL.
UNSANITARY. Failure to maintain a property in such a manner that creates a danger or hazard to the health of persons
occupying or frequenting it. Conditions caused by deterioration or improper installation, methods or materials of construction,
Brooklyn Park
equipment, lighting, heating, ventilation, or plumbing, or from existing conditions related to trash, debris, or moisture that
may cause infestation or mold.
(N) Section 302.4 Weeds. Not adopted.
(O) Section 304.19 Gates. In accordance with the MSBC, gates required to be self-closing and self-latching shall be
maintained such that, when released, they will positively close and latch.
(P) Section 302.8 Motor vehicles. Not adopted.
(Q) Section 302.9 Defacement of property. Not adopted.
(R) Section 304.3 Premises identification. Buildings shall have approved address numbers placed in a position to be
plainly legible and visible from the street or road fronting the property. These numbers shall: contrast with their background,
be Arabic numerals or alphabet letters, and be a minimum of six inches high with a minimum stroke width of one-half inch.
(S) Section 304.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or
replaced to comply with the MSBC or the International Existing Building Code as required for existing buildings:
1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required
strength;
2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of
resisting all nominal loads or load effects;
3. Structures or components thereof that have reached their limit state;
4. Siding and masonry joints including joints between the building envelope and the perimeter of windows, doors and
skylights are not maintained, weather resistant or water tight;
5. Structural members that have evidence of deterioration or that are not capable of safely supporting all nominal loads
and load effects;
6. Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks,
are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects;
7. Exterior walls that are not anchored to supporting and supported elements or are not plumb and free of holes, cracks
or breaks and loose or rotting materials, are not properly anchored or are not capable of supporting all nominal loads and
resisting all load effects;
8. Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any
portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and
incapable of supporting all nominal loads and resisting all load effects;
9. Flooring and flooring components with defects that affect serviceability or flooring components that show signs of
deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal loads and resisting all load
effects;
10. Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not properly anchored or
that are anchored with connections not capable of supporting all nominal loads and resisting all load effects;
11. Overhang extensions or projections including, but not limited to, trash chutes, canopies, marquees, signs, awnings,
fire escapes, standpipes and exhaust ducts not properly anchored or that are anchored with connections not capable of
supporting all nominal loads and resisting all load effects;
12. Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guards and
handrails, are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting
all nominal loads and resisting all load effects; or
13. Chimneys, cooling towers, smokestacks and similar appurtenances not structurally sound or not properly anchored,
or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects.
Exceptions:
1. When substantiated otherwise by an approved method.
2. Demolition of unsafe conditions shall be permitted when approved by the code official.
(T) Section 304.14 Insect screens. During the period from May 15 to October 15, every door, window and other outside
opening required for ventilation of habitable rooms, food preparation areas, food service areas, or any areas where products
to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be
supplied with approved tightly fitting screens of not less than 16 mesh per inch. Every swinging door shall also have a self-
closing device in good working condition.
(U) Section 305.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or
replaced to comply with the MSBC or the International Existing Building Code as required for existing buildings:
1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required
strength;
2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of
resisting all nominal loads or load effects;
3. Structures or components thereof that have reached their limit state;
4. Structural members are incapable of supporting nominal loads and load effects;
5. Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally
sound, not properly anchored or are anchored with connections not capable of supporting all nominal loads and resisting all
load effects;
6. Foundation systems that are not firmly supported by footings are not plumb and free from open cracks and breaks,
are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects.
Exceptions:
1. When substantiated otherwise by an approved method.
2. Demolition of unsafe conditions shall be permitted when approved by the code official.
(V) Section 403.4 Process ventilation. In accordance with the MSBC and the State Fire Code (SFC), where injurious,
toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to
remove the contaminating agent at its source. Air shall be exhausted to the exterior and not be re-circulated to any space.
(W) Section 403.5 Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems, and
shall be exhausted in accordance with the manufacturer’s instructions and the State Mechanical Code (SMC).
(X) Section 502.3 Hotels. Not adopted.
(Y) Section 504.1 General. All plumbing fixtures shall be properly installed and maintained in working order. They shall be
kept free from obstructions, leaks and defects, capable of performing the functions for which they were designed. In
accordance with the Minnesota State Plumbing Code (MSPC), all plumbing fixtures shall be maintained in a safe, sanitary
and functional condition.
(Z) Section 505.1 Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be
properly connected to either a public water system or an approved private water system. In accordance with the MSPC, all
kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with cold and hot or tempered running
water.
(AA) Section 602.1 Facilities required. Heating facilities shall be provided in structures as required by this section and the
MSBC.
(BB) Section 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a
room temperature of 68° F in all habitable rooms, bathrooms and toilet rooms. This is based on the winter outdoor design
temperature for the locality indicated in the Minnesota State Energy Code (MSEC). Cooking appliances shall not be used to
provide space heating to meet the requirements of this section.
(CC) Section 602.3 Heat supply. During the period from September 15 to May 15, every owner and operator of any
building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either expressed
or implied, to furnish heat to the occupants thereof shall supply heat to maintain a temperature of not less than 68° F in all
habitable rooms, bathrooms, and toilet rooms.
EXCEPTION: When the outdoor temperature is below the winter outdoor design temperature for the locality,
maintenance of the minimum room temperature shall not be required, provided that the heating system is operating at its full
design capacity.
(DD) Section 602.4 Occupiable work spaces. When occupied during the period from September 15 to May 15, indoor
occupiable work spaces shall be supplied with heat to maintain a temperature of not less than 68° F.
(EE) Section 603.5 Combustion air. In accordance with the Minnesota State Mechanical Code (MSMC ), a supply of air
shall be provided for complete fuel combustion and for ventilation of the space containing the fuel-burning equipment.
(FF) Section 604.1 Facilities required. Every occupied building shall be provided with an electrical system in compliance
with the requirements of this section, Section 605 of the IPMC, and the National Electrical Code (NEC) as adopted by the
MSBC.
(GG) Section 604.2 Service. In accordance with the NEC, the size and usage of appliances and equipment shall serve as
a basis for determining the need for additional facilities. Dwelling units shall be served by a three-wire, 120/240-volt, single-
phase electrical service with a rating of not less than 60 amperes.
(HH) Section 604.3.1.1 Electrical equipment. Electrical distribution equipment, motor circuits, power equipment,
transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, surge protectors, molded case circuit
breakers, low-voltage fuses, luminaires, ballasts, motors and electronic control, signaling and communication equipment that
have been exposed to water shall be replaced in accordance with the provisions of the NEC and the MSBC.
(II) Section 604.3.2.1 Electrical equipment. Electrical switches, receptacles and fixtures, including furnace, water heating,
security system and power distribution circuits, that have been exposed to fire, shall be replaced in accordance with the
provisions of the NEC and the MSBC.
(JJ) Section 701. Scope. Under the provisions of this chapter, the SFC shall govern the minimum conditions and
standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be
provided.
(KK) Section 702.1 General. A safe continuous and unobstructed path of travel shall be provided from any point in a
building or structure to the public way. Means of egress shall comply with the Minnesota State Building Code.
(LL) Section 702.2 Aisles. In accordance with the SFC, the required width of aisles shall be unobstructed.
(MM) Section 702.3 Locked doors. All means of egress doors shall be readily openable from the side from which egress
is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that
permitted by the MSBC.
(NN) Section 702.4 Emergency escape openings. Required emergency escape and rescue openings shall be operational
from the inside of the room, without the use of keys or tools. Bars, grilles, grates or similar devices are permitted to be
placed over emergency escape and rescue openings. However, such devices must provide a minimum net clear opening
size that complies with the MSBC. They shall also be releaseable or removeable from the inside, without the use of a key,
tool, or force greater than that required for the normal operation of the escape and rescue opening. Where such bars, grilles,
grates or similar devices are installed in existing buildings, smoke detectors shall be installed in accordance with Section
704 of the IPMC.
(OO) Section 704.1 General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or
control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the
MSBC.
(PP) Section 800 General references. Whenever this code refers to the International Codes, such references shall be
deemed to be to the comparable applicable code as adopted by the state. Whenever this code refers to the International
Zoning Code, such references shall be deemed to be the City of Brooklyn Park Zoning Ordinance.
(Ord. 2001-955, passed 8-13-01; Am. Ord. 2009-1104, passed 9-8-09; Am. Ord. 2016-1207, passed 9-12-16)
1
STATE OF MINNESOTA
IN SUPREME COURT
A10-0332
Court of Appeals Page, J.
Concurring, Anderson, Paul H., J.
Robert McCaughtry, et al.,
Appellants,
vs. Filed: May 31, 2013
Office of Appellate Courts
City of Red Wing,
Respondent.
________________________
Anthony B. Sanders, Lee U. McGrath, Institute for Justice Minnesota Chapter,
Minneapolis, Minnesota; and
Dana Berliner, Institute for Justice, Arlington, Virginia, for appellants.
John M. Baker, Kathryn N. Hibbard, Katherine M. Swenson, Greene Espel PLLP,
Minneapolis, Minnesota, for respondent.
Teresa Nelson, American Civil Liberties Union of Minnesota, Saint Paul, Minnesota, for
amicus curiae American Civil Liberties Union of Minnesota.
Patrick J. Kelly, Patrick J. Kelly Attorney at Law, P.A., Saint Paul, Minnesota; and
Bennett Evan Cooper, Steptoe & Johnson LLP, Phoenix, Arizona, for amici curiae Cato
Institute, Reason Foundation, Minnesota Free Market Institute at the Center of the
American Experiment, Electronic Frontier Foundation, and Libertarian Law Council.
Susan L. Naughton, League of Minnesota Cities, Saint Paul, Minnesota, for amicus
curiae League of Minnesota Cities.
2
Jarod M. Bona, Ann A. Parmley, DLA Piper LLP, Minneapolis, Minnesota, for amicus
curiae Saint Paul Association of Responsible Landlords.
Nicole L. Concordia, Concordia Law Group PLLC, Minnetonka, Minnesota, for amicus
curiae Wiebesick Rental.
________________________
S Y L L A B U S
1. A facial challenge to the constitutionality of a rental property inspection
ordinance on the ground that the ordinance authorizes inspections without individualized
suspicion of a housing code violation fails unless it can be shown that the ordinance is
unconstitutional in all of its applications.
2. Appellants have failed to show that the rental property inspection ordinance
at issue in this case is unconstitutional in all of its applications.
Affirmed.
O P I N I O N
PAGE, Justice.
This case involves a facial challenge to the constitutionality of respondent City of
Red Wing’s rental property inspection ordinance. Appellants are nine landlords and two
tenants who brought suit seeking a declaration that the City’s ordinance violates Article I,
Section 10, of the Minnesota Constitution. The district court granted summary judgment
in favor of the City, concluding that appellants lacked standing and that the state
constitutional claim failed on the merits. Agreeing with the district court that appellants
lacked standing, the court of appeals affirmed. We reversed, holding that appellants’
facial challenge presented a justiciable controversy. McCaughtry v. City of Red Wing,
3
808 N.W.2d 331 (Minn. 2011) (McCaughtry I). On remand, the court of appeals again
affirmed the district court, this time concluding that the City’s ordinance did not violate
the Minnesota Constitution. Because appellants have not satisfied their burden in a facial
challenge to show that the ordinance operates unconstitutionally in all of its applications,
we affirm.
In February 2005, the City enacted a rental inspection and licensing ordinance as
part of its Housing Maintenance Code (HMC) and Rental Dwelling Licensing Code
(RDLC).1 See Red Wing, Minn., City Code §§ 4.03–.04 (2012). The HMC establishes
minimum standards to which all residential buildings (with certain limited exceptions)
must conform. See id. § 4.03, subd. 5. The RDLC, in turn, prohibits any person from
operating or leasing a rental dwelling unit without first having obtained an operating
license from the City, although landlords may obtain temporary permits allowing them to
lease property for which an operating license has not yet been issued. Id. § 4.04, subd.
1(A) & 1(A)(1). Operating licenses are valid for 7 years. Id. § 4.04, subd. 1(A)(2). But
the City may not issue or renew an operating license unless it determines that the rental
property conforms to the HMC. Id. § 4.04, subd. 1(C).
The RDLC grants the City authority to inspect residential property under certain
circumstances. First, the City may inspect all residential property, whether rental
property or owner-occupied property, “when reason exists to believe that a violation of an
1 We previously summarized the factual and procedural background of this case in
McCaughtry I and we need not recount that entire background here. Instead, we recite
only those facts relevant to our decision.
4
applicable subdivision of the HMC exists, has been, or is being committed.” Id. § 4.04,
subd. 1(C) & 1(C)(3). Second, the City may also inspect rental property (1) “upon
receipt of a properly executed application for an operating license,” id., § 4.04, subd.
1(C)(2), or (2) “on a scheduled basis,” id. § 4.04, subd. 1(C) & 1(C)(1). The ordinance
refers to inspections performed on a scheduled basis or upon receipt of an application for
an operating license as “Licensing Inspections.” Id. § 4.04, subd. 1(C)(2).
When the City conducts a Licensing Inspection, it must first seek consent to
inspect from the owner and tenant. Id. § 4.04, subd. 1(C)(8). If consent cannot be
obtained, the “City shall seek permission, from a judicial officer through an
administrative warrant, for its enforcement officer or his or her agents to conduct an
inspection.” Id. § 4.04, subd. 1(C)(9). The ordinance does not describe the procedures
for seeking a warrant or the conditions under which a warrant should be granted. Rather,
the ordinance simply provides that “[n]othing in this Code shall limit or constrain the
authority of the judicial officer to condition or limit the scope of the administrative
warrant.” Id.
After adoption of the rental inspection and licensing ordinance, the City contacted
appellants seeking consent to inspect their rental properties. But appellants refused to
consent, and the City sought administrative warrants against them in Goodhue County
District Court. Appellants opposed the warrant applications and brought two declaratory
judgment actions challenging the RDLC on several grounds. In particular, appellants
claimed that the RDLC’s warrant procedure violated Article I, Section 10, of the
Minnesota Constitution because it authorized the City to obtain a search warrant without
5
individualized suspicion of a housing code violation on appellants’ property. Appellants
acknowledged that, in Camara v. Municipal Court, 387 U.S. 523 (1967), the Supreme
Court held that the Fourth Amendment does not require that a warrant to conduct a
housing code inspection be based on knowledge of the particular dwelling to be
inspected. Id. at 538. But appellants argued that the Minnesota Constitution should be
interpreted more broadly than its federal counterpart so as to require individualized
suspicion before a court may issue an administrative warrant. Appellants’ declaratory
judgment actions were consolidated with the City’s administrative warrant applications.
The City moved for summary judgment, challenging both the merits of appellants’
constitutional claim and their standing to assert the claim.
The district court denied the City’s warrant applications on federal constitutional
grounds not relevant here. But the court granted summary judgment to the City on the
declaratory judgment claims. The court concluded that, because appellants had not yet
had an administrative warrant issued against them, they had “not suffered an injury that is
actual or imminent.” The district court also noted that “per the plain language of the
RDLC,” a judge reviewing an application for an administrative warrant “is specifically
authorized to condition or limit the scope of the warrant as appropriate.” Thus, the
district court concluded that an application for an administrative warrant “might possibly
be approved in such a manner” that no constitutional violation occurs. But, in the interest
of judicial economy, the district court nonetheless considered the merits of appellants’
constitutional claim under Article I, Section 10, and denied that claim on the merits.
6
Appellants appealed, challenging the district court’s ruling on both standing and
the merits of their claim under the Minnesota Constitution. The court of appeals affirmed
on standing grounds and did not address the merits of the constitutional claim. See
McCaughtry v. City of Red Wing, No. A10–0332, 2010 WL 3744638, at *3–4 (Minn.
App. Sept. 28, 2010). We granted review and reversed, determining that, because the
relevant issue was “when” suit could be brought rather than “who” could bring it, the
issue was one of ripeness, not standing. McCaughtry I, 808 N.W.2d at 338. We held that
appellants’ constitutional claim was ripe because they brought a purely legal, facial
challenge to the RDLC that does not depend on the development of a factual record. Id.
at 339. We therefore remanded the matter to the court of appeals for consideration of the
merits of the constitutional challenge. Id. at 341. On remand, the court of appeals
affirmed on the merits. McCaughtry v. City of Red Wing, 816 N.W.2d 636 (Minn. App.
2012).
The sole issue in this case is whether, on its face, the RDLC’s Licensing
Inspections provision violates Article I, Section 10, of the Minnesota Constitution, which
prohibits unreasonable searches and seizures. Constitutional interpretation presents a
legal question, which we review de novo. State v. Brooks, 604 N.W.2d 345, 348 (Minn.
2000). We exercise our power to declare laws unconstitutional “with extreme caution
and only when absolutely necessary.” In re Haggerty, 448 N.W.2d 363, 364 (Minn.
1989). A city “ordinance [is] presumed constitutional, and the burden of proving that [it
is] unconstitutional is on the appellants.” Minn. Voters Alliance v. City of Minneapolis,
766 N.W.2d 683, 688 (Minn. 2009).
7
Because an administrative warrant has not yet been issued against them, appellants
challenge the City’s ordinance on its face, rather than as applied. We have stated that “in
a facial challenge to constitutionality, the challenger bears the heavy burden of proving
that the legislation is unconstitutional in all applications.” Id. at 696; see also United
States v. Salerno, 481 U.S. 739, 745 (1987) (a facial challenge is “the most difficult
challenge to mount successfully, since the challenger must establish that no set of
circumstances exists under which the Act would be valid”); McCaughtry I, 808 N.W.2d
at 339 (stating that a “facial challenge asserts that a law ‘always operates
unconstitutionally’ ” (quoting Black’s Law Dictionary 261 (9th ed. 2009)). The Supreme
Court explained the rationale for this heavy burden:
Facial challenges are disfavored for several reasons. Claims of facial
invalidity often rest on speculation. As a consequence, they raise the risk
of premature interpretation of statutes on the basis of factually barebones
records. Facial challenges also run contrary to the fundamental principle of
judicial restraint that courts should neither anticipate a question of
constitutional law in advance of the necessity of deciding it nor formulate a
rule of constitutional law broader than is required by the precise facts to
which it is to be applied. Finally, facial challenges threaten to short circuit
the democratic process by preventing laws embodying the will of the
people from being implemented in a manner consistent with the
Constitution.
Wash. State Grange v. Wash. State Republican Party, 552 U.S. 442, 450-51 (2008)
(citations omitted) (internal quotation marks omitted). Thus, if we identify a single
situation in which the RDLC’s Licensing Inspection provision might be applied
constitutionally, appellants’ facial challenge fails. See Minn. Voters Alliance, 766
N.W.2d at 694 (stating that “[i]n a facial challenge, once a constitutional application is
identified, it is inappropriate to speculate regarding other hypothetical circumstances that
8
might arise”); Michael C. Dorf, Facial Challenges to State and Federal Statutes, 46 Stan.
L. Rev. 235, 241 (1994) (“Under the ‘no set of circumstances’ test, the government need
only produce an example in which the statute could be applied constitutionally to defeat
the facial challenge.”).
The crux of appellants’ constitutional challenge is that the ordinance allows the
City to obtain warrants to conduct Licensing Inspections without any individualized
suspicion of a housing code violation. Whether the Minnesota Constitution requires
individualized suspicion for housing code searches is an unsettled question. As discussed
above, in order for us to resolve that question in the context of a facial challenge,
appellants must first show that resolution of the question in their favor would render the
ordinance unconstitutional in all of its applications. Stated differently, appellants must
demonstrate that every warrant to conduct a Licensing Inspection under the RDLC will
be issued without individualized suspicion. If a situation in which individualized
suspicion might be required for a Licensing Inspection can be identified, then, even under
appellants’ interpretation of the constitution, the ordinance would not be unconstitutional
in all its applications and their facial challenge would fail.
Appellants argue that we endorsed the use of a facial challenge to the ordinance in
our ruling in McCaughtry I. Appellants also argue that they can meet their burden in this
case “because the text of the ordinance itself plainly authorizes ‘administrative warrants’
9
instead of warrants requiring traditional probable cause.”2 The City argues that
appellants cannot meet their heavy burden because the RDLC does not preclude a judge
from requiring individualized suspicion before issuing a warrant and thus, even under
appellants’ interpretation of Article I, Section 10, the ordinance is capable of being
applied in a constitutional fashion.
We begin with appellants’ claim that our decision in McCaughtry I is dispositive.
In McCaughtry I, we held that appellants’ claim was ripe because their facial challenge
presented “a purely legal question that does not require the development of a factual
record.” 808 N.W.2d at 339. Because their challenge raised a “constitutional issue that
. . . is neither hypothetical nor abstract,” we concluded that “there [wa]s no reason to
delay resolution of the constitutional question[].” Id. at 339-40. We also rejected the
City’s argument that the case was not ripe because a judge acts as gatekeeper for the
issuance of an administrative warrant:
In arguing that appellants’ claims here are not justiciable, the City also
relies on the fact that “a judge always stands between the City and its
2 Appellants’ facial challenge asserts that the RDLC is unconstitutional because it
does not comply with probable cause requirements. But the term “probable cause” in this
context is imprecise. In Camara, the Supreme Court held under the federal constitution
that administrative search warrants must be based on “probable cause,” but that the
probable cause required in this context means only that “reasonable legislative or
administrative standards for conducting an area inspection are satisfied with respect to a
particular dwelling.” 387 U.S. at 538. According to the Court, probable cause does “not
necessarily depend upon specific knowledge of the condition of the particular dwelling.”
Id. Therefore, the most accurate understanding of appellants’ complaint is not that the
RDLC is unconstitutional because Licensing Inspections lack “probable cause” (as that
term is defined in Camara), but because Licensing Inspections are conducted without
individualized suspicion (i.e., traditional probable cause). Therefore, we use the phrase
“individualized suspicion” throughout this opinion rather than “probable cause.”
10
ability to conduct any inspection of Plaintiffs’ properties.” However, there
is no probable cause or other standard set out in the ordinance, and the City
essentially is arguing that appellants must wait and hope that a judge will
“write in” the correct constitutional limitations on the warrant power. The
possibility that a judge might in the future limit the City’s administrative
warrant application to ensure that the warrant comports with the Minnesota
Constitution does not make the challenge here premature.
Id. at 341.
But McCaughtry I dealt with the specific issue of whether appellants’ claims were
unripe because a warrant had not yet been issued against them. Ripeness goes to the
issue of justiciability, which is a threshold question in every case because it determines
whether a court has jurisdiction to pass on the constitutionality of a law and issue a
declaratory judgment. See Kennedy v. Carlson, 544 N.W.2d 1, 6 (Minn. 1996) (“A
justiciable controversy must exist before Minnesota courts have jurisdiction to issue a
declaratory judgment regarding the constitutionality of a statute.”); see also Warth v.
Seldin, 422 U.S. 490, 498 (1975). Because the issue of justiciability goes to a court’s
power to hear a case at all, it is a separate and distinct question from the merits of the
suit. We recognized this in McCaughtry I when we stated that, “[b]ecause the issue
raised in this court is one of justiciability, ‘we need not reach the merits of the underlying
controversy at this time.’ ” 808 N.W.2d at 341 (quoting Holiday Acres No. 3 v. Midwest
Fed. Sav. & Loan Ass’n of Minneapolis, 271 N.W.2d 445, 447 (Minn. 1978)). Therefore,
our statement in McCaughtry I that “there [wa]s no reason to delay resolution of the
constitutional question[]” must be read in context. Likewise, although we held in
McCaughtry I that the ability of a judge to limit the issuance of a warrant did not render a
court without power to consider a facial challenge to the ordinance, we did not hold that
11
appellants could or would be able to meet the requirements for a successful facial
challenge on the merits. Accordingly, we reject appellants’ argument that McCaughtry I
is dispositive and controls here.
The present appeal is the first time that we have examined the merits of the facial
challenge, and the first time we have considered the question of whether appellants can
show that the RDLC is unconstitutional in all of its applications. Therefore, we turn to
appellants’ argument based on the text of the ordinance itself. The RDLC distinguishes
between two types of inspections. First, both rental and owner-occupied property may be
inspected for cause “when reason exists to believe that a violation of an applicable
subdivision of the HMC exists, has been, or is being committed.” Red Wing, Minn., City
Code § 4.04, subd. 1(C) & 1(C)(3). Second, rental property may also be subjected to
Licensing Inspections “on a scheduled basis,” id. § 4.04, subd. 1(C) & 1(C)(1), or “upon
receipt of a properly executed application for an operating license,” id. § 4.04, subd.
1(C)(2). The RDLC explicitly requires that inspections for cause be based on
individualized suspicion of a housing code violation, whereas Licensing Inspections
contain no similar textual requirement. From this structure, appellants argue that the
RDLC clearly contemplates that Licensing Inspections will occur without individualized
suspicion. Moreover, appellants note that the RDLC uses the term “administrative
12
warrant,” which they argue is, by definition, a warrant issued without individualized
suspicion.3
But the fact that the ordinance does not expressly require individualized suspicion
for Licensing Inspections is not determinative of appellants’ facial challenge. Appellants
must show that all warrants to conduct Licensing Inspections are issued without
individualized suspicion. This they cannot do because, although the ordinance does not
require individualized suspicion, it does not preclude a district court from requiring that
the City establish individualized suspicion before a warrant will issue. On the contrary,
as the City points out, the ordinance expressly provides that “[n]othing in this Code shall
limit or constrain the authority of the judicial officer to condition or limit the scope of the
administrative warrant.” Red Wing, Minn., City Code § 4.04, subd. 1(C)(9). The
reference to the district court’s authority to “condition . . . the administrative warrant”
demonstrates that—regardless of whether the ordinance authorizes suspicionless
searches—the court retains the power to require individualized suspicion in any given
case. And if a court may require individualized suspicion in a particular case, then we
cannot, applying appellants’ constitutional standard, say that the ordinance is
3 Black’s Law Dictionary defines an “administrative warrant” as “[a] warrant issued
by a judge at the request of an administrative agency . . . sought to conduct an
administrative search.” Black’s Law Dictionary 1722 (9th ed. 2009). An “administrative
search” is defined in turn as “[a] search of public or commercial premises carried out by a
regulatory authority to enforce compliance with health, safety, or security regulations.
The probable cause required for an administrative search is less stringent than that
required for a search incident to a criminal investigation.” Id. at 1468.
13
unconstitutional in all of its applications. See McCaughtry I, 808 N.W.2d at 339-40;
Minn. Voters Alliance, 766 N.W.2d at 694-96.
Appellants argue that their facial challenge should not fail “simply because a judge
might disregard the ordinance’s text and impose requirements beyond those actually in
the law.” We disagree. Contrary to appellants’ characterization, a district court that
requires individualized suspicion would not be disregarding the text of the ordinance, but
rather would be exercising its authority under the ordinance to “condition . . . the
administrative warrant.” In analyzing a facial challenge, we may “presume any
narrowing construction or practice to which the law is ‘fairly susceptible.’ ” City of
Lakewood v. Plain Dealer Pub. Co., 486 U.S. 750, 770 n.11 (1988) (citation omitted); see
also Reno v. Am. Civil Liberties Union, 521 U.S. 844, 884 (1997). We do so because a
facial challenge circumvents the opportunity for individual courts interpreting a law to
apply “a limiting construction to avoid constitutional questions.” See Wash. State
Grange, 552 U.S. at 450. In this case, the RDLC’s text is susceptible to a limiting
construction that allows district courts to require individualized suspicion in any given
case.
In sum, we conclude that the RDLC’s warrant mechanism for Licensing
Inspections can be applied constitutionally, even under appellants’ view of the law,
because a district court may require individualized suspicion before issuing a warrant in a
particular case. Because the law can be applied constitutionally, appellants’ facial
challenge fails and we must affirm the court of appeals. We need not decide the unsettled
question of whether the Minnesota Constitution prohibits the issuance of an
14
administrative warrant under the Red Wing Licensing Inspection ordinance absent some
individualized suspicion of a housing code violation, and we express no opinion on
whether appellants’ argument could succeed on an as-applied basis.
Affirmed.