HomeMy WebLinkAbout2023-04-13 Council Work Session Agenda PacketCouncil Work Session Agenda
April 13, 2023 – 5:30 pm
1. Call to Order / Roll Call
2. Rental Ordinance Discussion*
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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8200 County Road 116 Corcoran, MN 55340
763-420-2288 www.corcoranmn.gov
MEMO
Meeting Date: April 13, 2023
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. 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.
A first draft was shared with the Council at the September 22nd work session. The
following key feedback was provided:
1. Apply a rental license limit to single-family rentals as well as twin-homes and
townhomes.
2. Set the rental density limit within a neighborhood at 25% of the homes on a
block.
3. In applying the rental license limit on the amount of licenses a single individual or
entity can hold, the Council asked to remove a clause that would have allowed
entities with a property management company to bypass the licensing limit.
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4. The Council stated they felt a year to comply with the rental licensing
requirements (including property maintenance) was fair with a carve out for life
saving measures.
5. The Council asked staff to spend one hour on researching ordinances for short-
term rentals (for AirB&B and the like) to see if it was a simple paragraph that
could be added into the draft.
A second draft was shared with the Council at the November 21st work session. The
following key feedback was provided:
1. Further refinement was desired on the special exemption process and the basis
the Council is to review, approve, or deny such requests. It was stated that the
approval should be based on a “net public benefit”.
2. Clarification was desired on how manufactured homes would be treated, and
staff was directed to reach out to the owner of Maple Hill Estates to discuss the
ordinance.
3. Staff was directed to add definitions of apartments, single-family homes, twin-
homes, and townhomes.
4. Staff was directed to clarify the language regarding the requirement to notify the
City once the relative homestead status no longer applies to a property.
5. It was agreed that a licensing process for short-term rentals would be handled as
a separate process.
6. The Council expressed a desire for property maintenance violations to count as a
strike.
7. The Council expressed a desire for the look-back period of violations that count
as strikes to be 18 months instead of 12 months.
8. Public Safety expressed the following concerns:
a. The exemption of owner-occupied units that rent out bedrooms to
unrelated adults was a concern as the police have encountered
problematic properties within the community that would benefit from being
required to comply with the proposed rental licensing provisions.
b. Requested that the requirement for the property manager to live within the
7-county metro area be changed to a radius.
c. Preferred the Code Compliance Official to be in charge of compliance with
the proposed strike system in coordination with the Public Safety Director.
d. Proposed a presumptive revocation of a rental license after a certain
number of violations with the option for a hearing in which an appeal of the
revocation can be requested.
Below is a summary of the work completed since the November 21st work session.
I. Meeting with Operator of Maple Hill Estates
Staff met with Barry Hay, the owner and operator of Maple Hill Estates, to explain the
draft ordinance and work through how this may affect the manufactured home park.
Based on his knowledge of the park, he did not have any concerns with the rental
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license cap that applies to a single entity (since Maple Hill Estates is considered a
medium-density area, the rental density cap per block would not apply). He did not have
a reason to believe that this would negatively affect anyone within the park either. He
only has two units that would qualify as a rental dwelling, and he understood that a
license would be required for each of these units. He was happy to work with staff and
did not express concerns with the rental dwelling ordinance or property maintenance
code as drafted.
II. Third Draft of Rental Dwelling Licensing Ordinance
A third draft of the Rental Dwelling Licensing Ordinance is enclosed for your review.
Several changes were made based on the feedback provided by the City Attorney, City
Council, and Public Safety. Changes in the draft are highlighted in yellow where
possible for easy review. The following is a summary of the key changes:
1. Definitions.
As requested, definitions for the following terms were added:
- Dwelling
- Dwelling, Multiple Family (Apartment)
- Dwelling, Single-Family (Detached)
- Dwelling, Townhome
- Dwelling, Two-Family (Attached)
1. Duplex
2. Twin-home
- Dwelling Unit, Accessory
- Manufactured Home
- Related/Relative
2. Clarifications.
Public Safety ran into a situation recently in which a structure not meant for human
occupancy was being rented out to an individual as a residence. Staff added a
provision (118.03, Subd. A(2)) that clearly prohibits this scenario going forward.
A clarification was added in 118.03, Subd. A(3)(b) that residential facilities licensed
by the state are exempt from the rental license limit applied to a single entity
because the City must be careful from prohibiting these types of homes by
Ordinance as they are protected by state statute. Such facilities would be required to
obtain a rental license, but staff recommends exempting such facilities from the
rental license cap and rental density limits to avoid a conflict with state law. This was
also clarified in the subsequent section pertaining to rental density (118.03, Subd. I).
Clarity was added under 118.03, Subd. B to provide guidance on situations that are
and are not exempt from rental licenses. As requested, language was updated to
clarify what qualifies as a residential homestead and the expectation of notification to
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the City if this status were to change. As a compromise to address Public Safety’s
concerns, an exemption is allowed if a homeowner rents out a single bedroom to up
to two people while living in the home. Additionally, homeowners that rent out rooms
to their immediate family members are also exempt from rental license
requirements. However, property owners that rent out multiple rooms to individuals
unrelated to the property owner as well as the other tenants would be subject to the
rental licensing provisions. There are known situations where this is occurring in the
City, and it is the opinion of staff that renting out a home to this extent justifies
requiring compliance with the proposed rental license standards. Further, it is
clarified that only the owner occupied unit is exempt from rental licensing in
instances of a single-family home with an accessory dwelling unit or a two-family
dwelling under the same ownership (if the non-owner occupied unit is not rented out
to an immediate relative).
3. Radius for Property Managers (118.03, Subd. C(2))
A requirement was added that property managers must live or work within 90 miles
of the rental property (this approximately equates to a two hour drive). This
addresses Public Safety’s concern that there is a responsible party within a
reasonable distance available to respond to issues on a rental property.
4. Strike System (118.06 and 118.07).
In speaking with the City Attorney, it was determined that it would be best to track
property maintenance strikes separately from occupant conduct strikes. A section is
added in the draft that describes a 5-strike system applicable to property
maintenance violations involving the same property and licensee within an 18-month
period. It is a similar process to the occupant conduct strike system, but also
accounts for the fact that failure to mow a lawn may not cause the same degree of
harm to a neighborhood as criminal misconduct.
Additionally, the strike system enforcement procedure was updated to be the
responsibility of the Code Compliance Official as requested by Public Safety.
Further, the look-back period for the strike system was extended from 12 to 18
months as requested by Council.
In speaking with the City Attorney, he urged that the effective date of a license
revocation due to the strike system not occur until after a hearing with the Council is
held. This is because once the license is revoked, it would be a daily violation for the
tenant to continue living at a rental dwelling unit, so a tenant may be forced to move
out prior to the ability for the revocation to be appealed. As a compromise to honor
due process, a hearing after three strikes is the default and a revocation can
become effective after this hearing. The exception to this rule is when there are life
threatening circumstances which require immediate action to protect public safety.
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Additional language was added regarding calls for assistance from occupants of the
rental dwelling that clarifies that unrelated violations noticed by City representatives
can still be considered a strike against the rental license/property.
III. Public Benefit Standard for Exemptions
Staff was asked to add a net public benefit standard for Council review of rental
license limit exemptions. In speaking with the City Attorney, this is believed to be too
vague of a term to provide standardized review. It is recommended that the review
process be based on a demonstrated ability to comply with the City’s Code. While
we have designed this ordinance to the best of our ability to accomplish public policy
goals, there is concern that an argument could be made that a “net public benefit”
standard expected of private property owners looking to rent out more than 3
properties is a taking of private property rights. For example, what if a property
owner was a resident of Corcoran with 3 other rental properties that tried to sell their
home but was unsuccessful for whatever reason. It could be difficult for them to
prove a net public benefit; however, a home sitting vacant from foreclosure or
otherwise benefits no one. We also want to avoid judging an exemption request on
the applicant versus the application.
The City Attorney recommends making decisions based on the track record of
compliance of the entity requesting the exemption and their ability to maintain the
requested number of rental properties. It may be harder to say no to someone
looking to go from 3 to 5 properties who has a proven track record with the City.
However, the City Council would have the discretion to say that 50 rental properties
dispersed throughout the City is too much for an entity to properly manage without
an on-site manager. If the Council wants to add other standards for the review of an
exemption, then the Council should discuss and define what specific evidence they
need to see from an applicant in order to consider an exemption.
IV. Rental Density Map
Staff attempted to create a draft rental density map but quickly realized that expert
help would be needed for the initial setup of the map in GIS. A quote from Stantec to
create the block boundaries of low-density residential areas and set-up the map is
enclosed for review. Staff will be able to complete ongoing maintenance and
updates to the map once it is established. To offer an example of what the block
boundaries would look like, enclosed are two examples of how the definition in the
ordinance would be applied. One example is of an urban neighborhood and the
other example shows how it would apply to a rural neighborhood. Comments are
appreciated and direction should be provided on whether the Council would like staff
to move forward with Stantec to create the rental density map now or wait until after
official adoption of the ordinance.
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Attachments
1. Third Draft of Rental Dwelling Licensing Ordinance
2. First Draft of Property Maintenance Code
3. Draft Fee Schedule
4. Stantec Proposal for Rental Density Map
5. Examples of Block Boundaries for Rental Density Map
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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.
BLOCK. An area of land enclosed within the perimeter of streets, watercourses, public parks,
municipally owned lots, and City boundaries, unless otherwise depicted on the City’s Rental
Density Map.
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 his/her designee.
COMPLEX. The total number of buildings on the license application or contiguous rental
properties under the same ownership.
DWELLING. A building or portion thereof, designated exclusively for residential occupancy,
but not including hotels, motels, nursing homes, boarding or rooming houses, tents, seasonal
cabins, or motor homes or travel trailers.
DWELLING, MULTIPLE FAMILY (APARTMENT). A building designed with three or
more dwelling units exclusively for occupancy by three or more families living independently of
each other.
DWELLING, SINGLE-FAMILY (DETACHED). A building entirely surrounded by open
space and designed for and occupied exclusively by one family. A single-family dwelling can
include no more than one accessory dwelling unit as defined in this Section.
DWELLING, TOWNHOME. A single-family dwelling unit constructed within a group of
more than two attached units in which each unit extends from the foundation to the roof, has
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direct exterior access, and has open space on at least one side. A townhome is not considered an
apartment or multiple-family dwelling.
DWELLING, TWO-FAMILY (ATTACHED). A building designed for occupancy by two
families or housekeeping units with a physical separation between the two dwelling units.
1. Duplex. A two-family dwelling with one unit above the other and designed as a single
structure on a single lot with each unit occupied as a separate residence for one family.
2. Twin-home. A two-family dwelling with two units side-by-side. Each unit is owned
separately and located on their own lot. The two units are joined along a single lot line, each
of the units are totally separated from the other by an unpierced wall extending from the
ground to the roof. Also referred to as a “double bungalow”.
DWELLING UNIT, ACCESSORY: A separate, self-contained dwelling unit that is clearly
incidental and subordinate to the principal use of a lot. The unit must have bathroom facilities
and kitchen facilities that include a sink with piped water, a range, and a refrigerator. The unit
may take various forms: a detached unit; a unit that is part of an accessory structure, such as a
detached garage; or a unit that is part of an expanded or remodeled dwelling.
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.
MANUFACTURED HOME. A structure, transportable in one or more sections, which is built
on a permanent chassis and is designed for use with or without a permanent foundation when
attached to the required utilities. The term “manufactured home” does not include the term
“recreational vehicle.”
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 identified by Owner who has charge, care, or control
of a structure or premises, and the maintenance and upkeep thereof, that is let or offered for
occupancy and who is designated and empowered to receive service of notice of violations of
this chapter on behalf of Owner.
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 if a code violation has been corrected;
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2. Necessary because a licensee, owner, or other responsible party fails to attend a
scheduled inspection;
3. Necessary because a scheduled inspection of a property does not occur or is
prevented from occurring due to an act of the licensee, owner, or agent; or
4. Any inspection following an initial inspection.
RELATED. Individuals legally related by blood, marriage, domestic partnership, foster care,
guardianship, or adoption. For the purposes of this Chapter, individuals are considered related if
they are immediately related as a parent, child, sibling, grandparent, grandchild, step-parent,
step-child, step-sibling, step-grandparent, or step-grandchild. The terms “related” and “relative”
are used interchangeably in this Chapter.
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 immediate family.
RENTAL DWELLING UNIT (RDU). 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 RDU without a license for each building.
2. No person, partnership, business entity, or corporation shall operate, let, or cause to
be let a structure or portion of a structure as a rental dwelling or rental dwelling unit
that is not designed for residential occupancy (e.g., a shed or garage).
3. No property owner shall be permitted to license more than three rental dwellings that
qualify as a single-family residence, a twin-home, and/or townhome, unless the
property owner:
a. Is a public housing agency; or
b. Operates residential facilities and is licensed by the State; or
c. Obtains a special exception from the City Council.
i. Property owners seeking a special exemption shall file a written
request for such consideration with the City Clerk, in a form specified
by the City. The request shall set forth the reasons for requesting the
special exemption and the means by which the requester will ensure
individual property oversight and maintenance of code compliance on
all owned rental dwellings within the City.
ii. In order to be eligible for a special exemption, the City Council must
find that the requester demonstrated a capacity and presented a plan
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which suggest that it is probable that the requester will maintain
compliance with the City Code on all rental dwellings within the City.
iii. The decision to grant an exemption will be at the Council’s sole
discretion. The Council’s decision to permit a requester to exceed this
cap may include reasonable and related conditions and is subject to
revocation at any time, due to non-compliance with those conditions or
the City Code. Any special exemption granted shall not be a
permanent entitlement of the requester, and application for such
exemption must be renewed during each licensing cycle. No requester
shall be entitled to a presumption of renewal of the exemption. This
special exemption shall apply only to the provisions of this section
118.03 A(2) and all rental dwellings shall comply with all provisions
of this chapter.
Principal owners or controllers 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.
4. A rental dwelling license shall be valid for a 1-year cycle beginning on April 1 each
year. A current licensee who intends to continue letting a rental dwelling shall apply
for a license renewal at least thirty (30) days before the end of the then-current
licensing term.
5. A residential rental property owner owning residential rental property at the time of
the adoption of this chapter shall have 180 days to comply with the licensing requires
of this chapter. Rental property owners shall have 365 days to comply with the
provisions of Chapter 87 (Property Maintenance Code) based on the dated notice
identifying any violations confirmed at the initial license inspection. However, if the
Code Compliance Official determines there is a life-threatening violation of the
Property Maintenance Code (e.g., inoperable smoke alarms), the property owner
and/or licensee shall address such violations within 30 days of the dated notice
identifying such a violation.
B. License Exemption
1. The owner of a rental dwelling or RDU is exempt from the licensing requirements of
this section if the property qualifies and is registered with Hennepin County as a
relative homestead. In order to qualify for a relative homestead, the person living in
the rental dwelling unit must be related to the property owner.
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a. The property owner must notify the City in writing within 30 days of the
property no longer qualifying as a relative homestead.
2. This chapter does not apply to hotels, motels, hospitals, and high school dormitories.
3. This chapter does not apply to single-family homes and townhomes in which the
owner resides within the dwelling and lets a room or rooms within a dwelling to a
relative as defined by this Chapter.
4. This chapter does not apply to single-family homes and townhomes in which the
owner resides within the dwelling and lets a single room to up to two individuals who
are not related to the owner or lets multiple rooms to individuals related to each other
but not related to the owner. However, a license shall be required in the event an
owner lets more than one room to individual tenants unrelated to the owner and to
each other.
5. In instances of single-family dwellings with an accessory dwelling unit or two-family
dwellings in which both units are under the same ownership, only the dwelling unit in
which the owner resides is exempt from rental licensing, and only to the extent such
exemption is applicable, per this Chapter.
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. Designation of Property Manager, Contact Information. For all rental dwelling
licenses, the license applicant must designate and provide a physical business hours
address and 24-hour contact information for the Manager of the rental dwelling, as
defined in this chapter. The Manager may be the owner of the rental dwelling or
another person who has been provided authority and assigned the duty to exercise
control over the rental dwelling and ensure compliance with the City Code. For all
rental dwellings which are not single-family rental dwellings, the applicant must also
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identify and provide a physical business hours address and 24-hour contact
information for a second Manager for such rental dwellings. All rental dwelling
Managers must reside or have an office address within 90 miles of the rental dwelling
unit. The Owner of a rental dwelling must notify the City, in writing, immediately
upon any change of Manager. Owner agrees that his/her Manager of record with the
City shall be authorized to accept all notices, including formal service of documents,
on behalf of the Licensee.
3. Number and Type of rental dwellings. 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.
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, a new license is required.
3. If changes are made in the number or type of units, the owner shall apply to amend its
license.
E. Fees.
1. The application fee shall be determined by the City Council from time to time and
made a part of the City’s fee schedule. The application fee shall be paid at the time of
application.
2. Renewal license fees, as set forth within the City’s fee schedule, shall be due at the
time of renewal and 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 a licensing period of less than one (1) year, license fees may be prorated
as set forth by City Council action, and in the City Council’s sole discretion.
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6. The license fee shall include the initial inspection and one (1) follow-up inspection. A
fee, established by the City Council, 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. An owner of a rental dwelling or RDU who fails to obtain an operating license or
approval of an affidavit certifying an applicable exemption, will be subject to an
administrative service charge set by the City Council, in addition to any other
penalties contemplated within this chapter.
8. A license fee paid later than ten working days after the prescribed date is subject to an
additional administrative service charge set by the City Council.
9. Once issued, a license is nontransferable and the license is not entitled to a refund of
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. 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 licensee 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 rental dwelling 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. For buildings containing more than
three RDUs, 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
25% of the lots on any block shall be eligible to obtain a rental license and the
number of rental licenses shall be capped as set forth in the table below, unless an
exemption is granted by the City Council as provided herein or the rental dwelling
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qualifies as a residential facility licensed by the state. Table 1 indicates how many
lots per block are able to be licensed as a rental property based on the lots that exist
on the block.
Table 1
Lots/Block Rental Dwellings Allowed
1-14 3
15-24 6
25-34 8
35-44 11
45-54 13
55-64 16
65-74 18
75-84 21
85-94 23
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 dwellings meets or exceeds the permitted number of
rental dwellings per defined block on or after the effective date of this chapter,
no additional rental licenses shall be approved for the block, unless an
exemption is granted by the City Council as provided herein or the rental
dwelling qualifies as a residential facility licensed by the state. Bona fide
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 an exemption to allow an additional rental
property for that block. The Council may grant or deny an exemption from the
block density limit in its sole discretion. Persons requiring an exemption must
make an annual application to the City Council.
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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 City may conduct a
background investigation, at its sole discretion, at the City’s cost. The results of a
discretionary background check may be used to enforce the provisions of this Chapter
the same as the results of mandatory background checks.
118.04: RESPONSIBILITY FOR ACTS OF MANAGER
Licensees are responsible for the acts or omissions of their Manager(s) as it pertains to the rental
dwelling and compliance with this chapter and City Code.
118.05: MAINTENANCE STANDARDS
A. It is the responsibility of the licensee to assure that every rental dwelling and RDU is
maintained in compliance with all applicable city ordinances and state and federal laws
including, but not limited to:
1. MN State Building Code
2. The Corcoran Property Maintenance Code
3. MN State Fire Code
4. Corcoran City Code
(Collectively the “Maintenance Codes”)
B. 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 and its
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premises conform to the Maintenance Codes. As more specifically provided below, the
Code Compliance Official and their designees may cause inspections, follow-up
inspections, and re-inspections on rental dwellings or RDUs on all classes of property
within the City on a scheduled basis, and on rental dwellings, RDUs, owner-occupied
residential units on all classes of property when reason exists to believe that a violation of
an applicable portion of the Maintenance Codes 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 and its premises conform to the Maintenance Codes 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 Maintenance Codes.
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 on rental dwellings, RDUs, or owner-occupied residential units on all
classes of property when reason exists to believe that a violation of an applicable
portion of the Maintenance Codes exists, has been, or is being committed. A
complaint or complaints from a tenant of a rental dwelling shall be an adequate basis
for an inspection of a rental dwelling.
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 is not in compliance, one or more follow-up
inspections or re-inspections may be conducted to verify that conditions and any
corrections conform to the provisions to the Maintenance Codes.
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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, whenever possible.
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 RDUs 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 RDU (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 RDUs shall report to the
City the full names, telephone numbers, and addresses of the principal tenant
of all RDUs under their ownership or control, and update such information as
needed to ensure that it is accurate and current. Licensees are responsible for
the accuracy and completeness of this information and the City shall be
permitted to rely on the same when determining appropriate notice.
8. If the City is unsuccessful in securing consent for an inspection pursuant to this
chapter, the City may seek permission, from a judicial officer through an
administrative warrant, for its Code Compliance Official, Building Official, Fire
Marshal and their applicable 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 or applicable RDU and its
premises conform to the Maintenance Codes. This shall not preclude the applicable
inspector from relying upon observations made during a Licensing Inspection in
seeking one or more of the remedies provided in this chapter.
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 identifies a reasonable, feasible and expedient
time(s) for such inspection following the date of the request when the requesting
party agrees to be present.
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11. 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 RDU) or the Owner (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.
12. 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 Maintenance Codes, or when the cabinets or
closets are opened with the consent of the tenant (for areas inside the unit) or the
Owner (for areas inside the building but outside a tenant’s unit, and areas inside an
unoccupied unit).
C. Inspection Not Required. Inspection for the issuance or renewal of a license may be
waived by the City, in its sole discretion, 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 and the City is not aware of any evidence of violations occurring or
present subsequent to that alternative inspection. 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: COMPLIANCE ORDERS
A. Upon the identification of a violation of the Maintenance Codes, the City shall provide
written notice of the violation to the Owner or Manager. Notice may be personally
served on or otherwise directly provided to the Owner or Manager or delivered by U.S.
mail to the Owner or Manager at the address on record with the City in the license. The
notice shall articulate the violation and the time by which the violation must be corrected.
B. Should the Licensee fail to correct the noticed violation within the time provided, the
City may pursue any or multiple remedies contemplated in this chapter.
C. The notice provisions herein shall not apply to, and nothing in this section shall prohibit
the City from taking immediate action to address an emergency as contemplated in
Section 118.09.
D. If a fifth or subsequent violation of Corcoran’s Maintenance Codes, involving the same
property and licensee, occurs within 18 months of any four previous properly noticed
violations pursuant to paragraph A, a revocation hearing will be required and the City
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Council may take action to deny, revoke, suspend, or not renew the license. Failure for a
licensee or designated property manager to appear at the hearing will be grounds for
automatic revocation of the rental license. The effective date of a license revocation or
suspension will be determined by the City Council at the hearing unless the Official finds
life threatening conditions at the property that create a public safety emergency. In such
an instance, the rental license can be revoked or suspended prior to the hearing date, but
the City Council can choose to reinstate the license if extenuating circumstances outside
of the control of the licensee are shown at the hearing.
118.07: LICENSEE RESPONSIBLE FOR CONDUCT OF OCCUPANTS OR GUESTS
A. Conduct on the licensed premises. It shall be the responsibility of the licensee to take
appropriate action following conduct by occupant(s) or guest(s) of the occupant(s) which
is in violation of any of the following statutes or ordinances:
1. Minn. Stat. § 609.72 relating to disorderly conduct.
2. Minn. Stat. § 609.74 and Subd. 5 of Chapter 82.04 of the City Code related to public
nuisances and noise nuisances.
3. Minn. Stat. § 340A.701-340A.703 relating to the sale of intoxicating liquor.
4. Minn. Stat. § 609.321, Subd. 9 relating to prostitution or acts related to prostitution.
5. Minn. Stat. § 609.221 et seq. relating to assaults as defined in Minn. Stat. § 609.224.
6. Minn. Stat. § 609.595 relating to criminal damage to property.
B. Enforcement and Administration
1. The Code Compliance Official in coordination with the Director of Public Safety or
their designee(s) shall be responsible for enforcement and administration of this
section.
2. Upon a determination by the Code Compliance Official or his/her designee (the
“Official”) that a licensed rental dwelling was involved in a violation of paragraph A
above, the Official shall notify the licensee by U.S. mail of the violation and direct
the licensee to take steps to prevent further violations. A copy of the notice shall also
be sent to a tenant in violation of paragraph A.
3. Upon a second violation of the provisions of paragraph A within 18 months involving
the same tenant or occupant or a guest of the same tenant or occupant, notice of the
violation shall be provided as set forth in paragraph B2 above, and shall require the
licensee to submit a written report of action taken to prevent further violations on the
licensed premises. The written report shall be submitted to the Official within 10
business days of the request for the same and shall detail all actions taken by the
licensee in response to all notices regarding violations to paragraph A occurring
within the preceding 18 months. If the licensee fails to comply with the requirements
of this paragraph, the City Council may take action on the license, after providing an
opportunity for a hearing to contest the allegations of non-compliance with this
paragraph.
Page 14 of 17
4. If a third or subsequent violation of paragraph A, involving the same tenant or
occupant or a guest of the same tenant or occupant, occurs within 18 months of any
two previous properly noticed violations pursuant to paragraph A, a revocation
hearing will be required and the City Council may take action to deny, revoke,
suspend, or not renew the license. Failure of a licensee or designated property
manager to appear at the hearing will be grounds for automatic revocation of the
rental license. The effective date of a license revocation or suspension will be
determined by the City Council at the hearing unless the Official finds life threatening
conditions at the property that create a public safety emergency. In such an instance,
the rental license can be revoked or suspended prior to the hearing date, but the City
Council can choose to reinstate the license if extenuating circumstances outside of the
control of the licensee are shown at the hearing.
5. Bona fide calls for assistance made by occupants of a rental dwelling or RDU shall
not, in and of themselves, count as a violation of paragraph A including, but not
limited to, tenants calling the police for assistance with a gathering of people that has
become a nuisance at a rental dwelling or RDU and instances of domestic assault.
However, City representatives who observe separate violations when responding to a
call for assistance may determine a violation exists which may be counted as a
violation of this Chapter 118.07 or a violation of Chapter 118.06.
6. The City Council may stay or terminate any adverse licensing action if the triggering
violation occurred during the pendency of an eviction proceeding to remove the
offending tenant or occupant, and that proceeding is being diligently pursued by the
licensee.
6. A determination that the licensed premises has been used in violation of paragraph A
shall be made upon substantial evidence to support such determination. It shall not be
necessary that criminal charges be filed or proven to support such a determination.
Further, imposition of other enforcement actions, penalties, administrative offense
tickets, criminal charges, or other actions on the license shall not act as a bar to any
other action on the license pursuant to this chapter.
C. Appeal
1. Upon notice of a violation of paragraph A, or upon a notice of a failure to comply
with paragraph B3, the licensee or tenant in violation may file a written appeal of
such asserted violation with the City Clerk, within 10 days of the notice, after which
any appeal shall be deemed to have been waived. Upon receipt of notice of such
appeal, the City shall schedule and notice a hearing before the City Council to hear
evidence to determine if substantial evidence exists to support such asserted
violation.
2. Upon rendering a decision, the City Council shall provide notice to the appellant of
the Council’s decision. Should the Council uphold the appeal, the violation shall be
Page 15 of 17
removed from the property file and shall not be considered when determining the
number of license violations at the rental dwelling.
118.08: LICENSE DENIAL, SUSPENSION, OR REVOCATION, VIOLATIONS
A. Violations. A violation of this chapter is a misdemeanor. Each day a person fails to
comply with a compliance order or other provision of this chapter shall constitute a
separate offense. In addition to enforcement of criminal remedies, the City may issue
administrative offense tickets, and/or take action on a license, or pursue any other remedy
at law or in equity available to the City. The City’s remedies shall be cumulative and
may be pursued against multiple parties. The City’s election to pursue any one remedy
set forth herein shall not act as a bar to any other remedial action.
B. Assessment of unpaid administrative penalties. Any unpaid administrative penalty for
failure to comply with the rental licensing provisions in this Chapter may be assessed
against the property in the manner set forth in City Code.
C. Grounds for denial, suspension, or revocation. The City Council may deny, revoke, or
suspend a license pursuant to this Section. 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 found to be otherwise ineligible.
1. A license issued pursuant to this chapter may be denied, revoked, or suspended upon
a finding of noncompliance with the provisions of this chapter. Further, non-
disclosure, misrepresentation or misstatement of material fact in any application for a
license shall be a prima facie showing of cause for revocation, suspension, or other
such action restricting the privileges of a licensee, as determined by the City Council.
Reinstatement of a suspended or revoked license shall be accompanied by a fee in an
amount set by the City Council. Issuance of a new license after suspension or
revocation shall be made in the manner provided for obtaining an initial license. Any
Owner or principal of an Owner entity who has an interest in two or more licenses
revoked pursuant to this chapter shall be ineligible to hold or have an interest in a
license for a period of at least five years.
2. The City Council may, for cause, deny, revoke, or suspend a license or take other
action restricting the privileges of a license subject to the following requirements:
a. The City shall provide written notice to the licensee containing a
statement of reasons or causes for the proposed action together with a
notice of a hearing.
b. The City Council shall conduct a hearing on the proposed action and
hear relevant evidence the applicable City representatives and from the
licensee or affected tenant, if any is offered. The City Council shall
Page 16 of 17
consider such evidence and provide findings of fact together with a
statement of action taken, along with any applicable conditions of any
such action or other action restricting the privileges of the licensee.
c. The City shall forward the findings and statement of action taken to
the licensee by mailing the same to the address of record in the license.
D. Notification of tenants. Upon suspension, revocation, or denial of a license, or if the RDU
is not licensed, the City will make reasonable efforts to notify all affected tenants.
118.09: 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 RDU, 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 RDU 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 or Building Official has the authority to summarily and
immediately condemn or close rental dwellings or individual RDUs or areas of the rental
dwelling as the Code Compliance Official or Building Official deem 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, within 10 days. The
Administrator must schedule a date for hearing before the Council and notify the
appellant of the date.
118.10: POSTED TO PREVENT OCCUPANY.
Whenever any rental dwelling or RDU 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
RDU, 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 RDU shall be vacated, and no
person shall reside in, occupy, or cause to be occupied that rental dwelling or RDU until the
Code Compliance Official or Council permits it.
118.11: 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 RDU in
the City. Owners and occupants should take appropriate steps to protect their interests, health,
safety, and welfare.
Page 17 of 17
118.12: SEVERABILITY AND SAVINGS CLAUSE
If any section or portion of this chapter shall be found unconstitutional or otherwise invalid or
unenforceable by a court of competent jurisdiction, that finding shall not service as an
invalidation or effect the validity and enforceability of any other section or provision of this
Code.
Page 1 of 10
CHAPTER 87: PROPERTY MAINTENANCE CODE
87.01: ADOPTION OF THE INTERNATIONAL PROPERTY MAINTENACE CODE
The 2021 International Property Maintenance Code (IPMC), as promulgated by the International
Code Council, Inc., is adopted by reference and incorporated in the City Code in whole as if it
was set out in full, subject to the amendments contained in this Chapter.
87.02: AMENDMENTS TO INTERNATIONAL PROPERTY MAINTENACE CODE
A. Section 101.1 Title. These regulations shall be known as the Property Maintenance Code
of the City of Corcoran, hereinafter referred to as “this code.”
B. Section 102.1 General Applicability. Where there is a conflict between a general
requirement and a specific requirement, the specific requirements shall govern. Where
differences occur between provisions of this Code and the referenced standards, the
provisions of this code shall apply. Where there are conflicts with this code and other
provisions of the City Code, the City Code provisions will prevail. Where, in a specific
case, different sections of this code specify different requirements, the most restrictive
shall govern.
C. 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 Minnesota
Statutes 16B.59 – 16B.75, as amended from time to time, and 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 Corcoran City Code.
D. Section 102.8 Referenced Code and Standards. The codes and standards referenced in this
code shall be those listed in Chapter 8 of the IPMC and shall be considered part of the
requirements of this code to the prescribed extent of each such reference. Where
differences occur between provisions of this Code and the MSBC, the most restrictive
shall apply.
E. Section 103.1 Creation of Agency. The Zoning and Land Use Division is hereby created
and the official in charge thereof shall be known as the Code Compliance Official,
hereinafter referred to as the “code official.” The function of the agency shall be the
implementation, administration, and enforcement of the provisions of this code.
F. Section 104.1 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 107.1 General Means of Appeal. In order to hear and decide appeals of orders,
decisions, or determinations made by the code official relative to the application and
interpretation of this code, the City Council shall serve as the Board of Appeals and
Page 2 of 10
Adjustments and shall hold office at its pleasure. The board shall adopt rules of procedure
for conducting its business and shall render all decisions and findings in writing to the
appellant with a duplicate copy to the code official.
H. Section 107.3 Qualifications. Not adopted.
I. Section 108.1 Membership of Board. Not adopted.
J. Section 109.4 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.
K. Section 111.9 Restoration or Abatement. The structure or equipment determined to be
unsafe by the code official is permitted to be restored to a safe condition. The owner,
owner’s authorized agent, operator or occupant of a structure, premises or equipment
deemed unsafe by the code official shall abate or cause to be abated or corrected such
unsafe conditions either by repair, rehabilitation, demolition, or other approved corrective
action. To the extent that repairs, alterations, or additions are made or a change of
occupancy occurs during the restoration of the structure, such repairs, alterations,
additions, or change of occupancy shall comply with the requirements of the MSBC.
L. Section 201.3 Terms Defined in Other Codes. Where terms are not defined in this code
and are defined in the MSBC, Minnesota State Fire Code (MSFC), Minnesota Fuel Gas
Code, Minnesota Mechanical Code, Minnesota Plumbing Code, International Residential
Code, International Zoning Code, or NFPA 70, such terms shall have the meanings
ascribed to them as stated in those codes.
M. Section 201.4 Terms Not Defined. Where terms are not defined through the methods
authorized by this section, the Merriam-Webster’s Collegiate Dictionary Tenth Edition
shall be used to define such terms.
N. Section 202 Code Official Definition. The City’s Code Compliance Official will serve as
the code official as defined in this code. The code official is charged with the
administration and enforcement of this code, or any duly authorized representative.
O. Section 302.4 Weeds. Not adopted.
P. Section 302.7 Motor Vehicles. Not adopted.
Q. Section 303.2 Enclosures. Not adopted.
Page 3 of 10
R. Section 304.14 Insect Screens. 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 minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect
control shall have a self-closing device in good working condition.
1. Exception: Screens shall not be required where other approved means, such as air
curtains or insect repellent fans, are employed.
S. Section 306.1.1 Component Serviceability Unsafe Conditions. Where any of the following
conditions cause the component or system to be beyond its limit state, the component or
system shall be determined as unsafe and shall be repaired or replaced to comply with the
MSBC as required for existing buildings:
1. Soils that have been subjected to any of the following conditions:
1.1 Collapse of footing or foundation system.
1.2 Damage to footing, foundation, concrete or other structural element due to
soil expansion.
1.3 Adverse effects to the design strength of footing, foundation, concrete or
other structural element due to a chemical reaction from the soil.
1.4 Inadequate soil as determined by a geotechnical investigation.
1.5 Where the allowable bearing capacity of the soil is in doubt.
1.6 Adverse effects to the footing, foundation, concrete, or other structural
element due to the ground water table.
2. Concrete that has been subjected to any of the following conditions:
2.1 Deterioration.
2.2 Ultimate deformation.
2.3 Fractures.
2.4 Fissures.
2.5 Spalling.
2.6 Exposed reinforcement.
2.7 Detached, dislodged or failing connections.
3. Aluminum that has been subjected to any of the following conditions:
3.1 Deterioration.
3.2 Corrosion.
3.3 Elastic deformation.
3.4 Ultimate deformation.
3.5 Stress or strain cracks.
3.6 Joint fatigue.
3.7 Detached, dislodged or failing connections.
Page 4 of 10
4. Masonry that has been subjected to any of the following conditions:
4.1 Deterioration.
4.2 Ultimate deformation.
4.3 Fractures in masonry or mortar joints.
4.4 Fissures in masonry or mortar joints.
4.5 Spalling.
4.6 Exposed reinforcement.
4.7 Detached, dislodged or failing connections.
5. Steel that has been subjected to any of the following conditions:
5.1 Deterioration.
5.2 Elastic deformation.
5.3 Ultimate deformation.
5.4 Metal fatigue.
5.5 Detached, dislodged or failing connections.
6. Wood that has been subjected to any of the following conditions:
6.1 Ultimate deformation.
6.2 Deterioration.
6.3 Damage from insects, rodents, and other vermin.
6.4 Fire damage beyond charring.
6.5 Significant splits and checks.
6.6 Horizontal shear cracks.
6.7 Vertical shear cracks.
6.8 Inadequate support.
6.9 Detached, dislodged or failing connections.
6.10 Excessive cutting and notching.
7. Exceptions:
7.1 Where substantiated otherwise by an approved method.
7.2 Demolition of unsafe conditions shall be permitted where approved by the
code official.
T. Section 308.1: Accumulation of Rubbish or Garbage. Exterior property and premises, and
the interior of every structure, shall be free from any accumulation of rubbish or garbage
pursuant to the nuisance provisions of the City Code.
U. Section 502.5: Public Toilet Facilities. Public toilet facilities shall be maintained in a safe,
sanitary, and working condition in accordance with the Minnesota Plumbing Code. Except
for periodic maintenance or cleaning, public access and use shall be provided to the toilet
facilities at all times during occupancy of the premises.
Page 5 of 10
V. Section 505.1: General Water System. 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 to an approved private water system. Kitchen sinks, lavatories,
laundry facilities, bathtubs, and showers shall be supplied with hot or tempered and cold
running water in accordance with the Minnesota Plumbing Code.
W. Section 602.3: Heat Supply. Every owner and operator of any building who rents, leases,
or lets one or more dwelling units or sleeping units on terms either expressed or implied,
to furnish heat to the occupants thereof shall supply heat during the period from October 1
to April 30 to maintain a minimum temperature of 68-degrees Fahrenheit (20-degrees
Celsius) in all habitable rooms, bathrooms, and toilet rooms.
Exceptions:
1. 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. The
winter outdoor design temperature for the locality shall be as indicated in the
Minnesota Plumbing Code.
2. In areas were the average monthly temperature is above 30-degrees Fahrenheit (-
1-degree Celsius), a minimum temperature of 65-degrees Fahrenheit (18-degrees
Celsius) shall be maintained.
X. Section 602.4: Occupiable Work Spaces. Indoor occupiable work spaces shall be supplied
with heat during the period from October 1 to April 30 to maintain a minimum
temperatures of 65-degree Fahrenheit (18-degree Celsius) during the period the spaces are
occupied.
Exceptions:
1. Processing, storage, and operation areas that require cooling or special
temperature conditions.
2. Areas in which persons are primarily engaged in vigorous physical activities.
Y. 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 MSBC.
Exception: The following equipment shall be allowed to be repaired where an
inspection report from the equipment manufacturer or approved manufacturer’s
representative indicates that the equipment has not sustained damage that requires
replacement:
1. Enclosed switches, rated not more than 600 volts or less.
Page 6 of 10
2. Busway, rated not more than 600 volts.
3. Panelboards, rated not more than 600 volts.
4. Switchboards, rated not more than 600 volts.
5. Fire pump controllers, rated not more than 600 volts.
6. Manual and magnetic motor controllers.
7. Motor control centers.
8. Alternating current high-voltage circuit breakers.
9. Low-voltage power circuit breakers.
10. Protective relays, meters, and current transformers.
11. Low- and medium-voltage switchgear.
12. Liquid-filled transformers.
13. Cast-resin transformers.
14. Wire or cable that is suitable for wet locations and whose ends have not been
exposed to water.
15. Wire or cable, not containing fillers, that is suitable for wet locations and whose
ends have not been exposed to water.
16. Luminaires that are listed as submersible.
17. Motors.
18. Electronic control, signaling, and communication equipment.
Z. 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
MSBC.
Exception: Electrical switches, receptacles, and fixtures that shall be allowed to be
repaired where an inspection report from the equipment manufacturer or approved
manufacturer’s representative indicates that the equipment has not sustained damage
that requires replacement.
AA. Section 701.2: General Means of Egress. A safe, continuous, and obstructed 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 MSBC.
BB. Section 702.2: Aisles. The required width of aisles in accordance with the Minnesota
State Fire Code shall be unobstructed.
CC. Section 702.3: Locked Doors. 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.
DD. Section 702.4: Emergency Escape and Rescue Openings. Required emergency escape
and rescue openings shall be maintained in accordance with the code in effect at the
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time of construction, and both of the following:
1. Required emergency escape and rescue openings shall be operational from the
inside of the room without the use of keys or tools.
2. Bars, grilles, grates or similar devices are permitted to be placed over emergency
escape and rescue openings provided that the minimum net clear opening size
complies with the code that was in effect at the time of construction and the unit is
equipped with smoke alarms installed in accordance with the MSBC. Such devices
shall be releasable or removable from the inside without the use of a key, tool, or
force greater that which is required for normal operation of the escape and rescue
opening.
EE. Section 703.2: Unsafe Conditions Fire-Resistance Ratings. Where any components are
not maintained and do not function as intended or do not have the fire resistance
required by the code under which the building was constructed or altered, such
components or portions thereof shall be deemed unsafe conditions in accordance with
the MSFC. Components or portions thereof determined to be unsafe shall be repaired or
replaced to conform to that code under which the building was constructed or altered.
Where the condition of components is such that any building, structure, or portion
thereof presents an imminent danger to the occupants of the building, structure, or
portion thereof, the fire code official shall act in accordance with the MSFC.
FF. Section 703.7 Vertical Shafts. Interior vertical shafts, including stairways, elevator
hoistways, and service and utility shafts, which connect two or more stories of a building
shall be enclosed or protected as required in the MSFC. New floor openings in existing
buildings shall comply with the MSBC.
GG. Section 704.1 Inspection, Testing and Maintenance. Fire Protection and life safety
systems shall be maintained in accordance with the MSFC in an operative condition at
all times, and shall be replaced or repaired where defective.
HH. Section 704.1.2 Required Fire Protection and Life Safety Systems. Fire protection and
life safety systems required by this code, the MSFC or the MSBC shall be installed,
repaired, operated, tested, and maintained in accordance with this code. A fire protection
and life safety system for which a design option, exception, or reduction to the
provisions of this code, the MNFC or the MNBC has been granted shall be considered to
be a required system.
II. Section 704.1.3 Fire Protection Systems. Fire protection systems shall be inspected,
maintained, and tested in accordance with the following MSFC requirements:
1. Automatic sprinkler systems, see Section 903.5.
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2. Automatic fire-extinguishing systems protecting commercial cooking systems, see
Section 904.12.
3. Automatic water mist extinguishing systems, see Section 904.11.
4. Carbon dioxide extinguishing systems, see Section 904.8.
5. Carbon monoxide alarms and carbon monoxide detection systems, see Section
915.6.
6. Clean-agent extinguishing systems, see Section 904.10.
7. Dry-chemical extinguishing systems, see Section 904.6.
8. Fire alarm and fire detection systems, see Section 907.8.
9. Fire department connections, see Sections 912.4 and 912.7.
10. Fire pumps, see Section 913.5.
11. Foam extinguishing systems, see Section 904.7.
12. Halon extinguishing systems, see Section 904.9.
13. Single- and multiple-station smoke alarms, see Section 907.10.
14. Smoke and heat vents and mechanical smoke removal systems, see Section 910.6.
15. Smoke control systems, see Sections 909.3 and 909.20.
16. Wet-chemical extinguishing systems, see Section 904.5.
JJ. Section 704.4.2 Removal of Existing Occupant-Use Hose Lines. The fire code official is
authorized to permit the removal of existing occupant-use hose lines where all the
following apply:
1. The installation is not required by the MSFC or MSBC.
2. The hose line would not be utilized by trained personnel or the fire department.
3. The remaining outlets are compatible with local fire department fittings.
KK. Section 704.4.3 Termination of Monitoring Service. For fire alarm systems required to
be monitored by the MSFC, notice shall be made to the fire code official whenever
alarm monitoring services are terminated. Notice shall be made in writing by the
provider of the monitoring service being terminated.
LL. Section 704.5.1 Fire Department Connection Access. Ready access to fire department
connections shall be maintained at all times and without obstruction by fences, bushes,
trees, walls, or any other fixed or movable object. Access to fire department connections
shall be approved by the fire chief.
Exception: Fences, where provided with an access gate equipped with a sign complying
with the legend requirements of Section 912.5 of the MSFC and a means of emergency
operation. The gate and the means of emergency operation shall be approved by the fire
chief and maintained operational at all times.
MM. Section 704.6.4 Smoke Detection System. Smoke detectors listed in accordance with UL
268 and provided as part of the building’s fire alarm system shall be an acceptable
alternative to single- and multiple-station smoke alarms and shall comply with the
following:
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1. The fire alarm system shall comply with all applicable requirements in Section 907
of the MSFC.
2. Activation of a smoke detector in a dwelling or sleeping unit shall initiate alarm
notification in the dwelling or sleeping unit in accordance with Section 907.5.2 of
the MSFC.
3. Activation of a smoke detector in a dwelling or sleeping unit shall not activate alarm
notification appliances outside of the dwelling or sleeping unit, provided that a
supervisory signal is generated and monitored in accordance with Section 907.6.6 of
the MSFC.
NN. Section 705.1 General Carbon Monoxide Alarms and Detection. Carbon monoxide
alarms shall be installed in dwellings in accordance with Section 1103.9 of the MSFC.
OO. Section 8 – ICC Referenced Standards.
ICC referenced standards were replaced with the following Minnesota standards:
MSBC-20 Minnesota State Building Code
MSFC-20 Minnesota State Fire Code
MFGC-22 Minnesota Fuel Gas Code
MMC-20 Minnesota Mechanical Code
MPC-20 Minnesota Plumbing Code
PP. Section A101 Boarding Standard. Appendix A of the International Property
Maintenance Code is adopted by reference and incorporated in the City Code in whole
as if it was set out in full, subject to the following amendments:
1. Section A102.1 Boarding Sheet Material. Boarding sheet material shall be minimum
½-inch thick (12.7 mm) wood structural panels complying with the MSBC.
2. Section A102.2 Boarding Framing Material. Boarding framing materials shall be
minimum nominal 2-inch by 4-inch (51 mm by 102 mm) solid sawn lumber
complying with the MSBC.
3. Section A102.3 Boarding Fasteners. Boarding fasteners shall be a minimum strength
and size to adequately affix the material to the building while preventing entry.
4. Section A103 Installation. Not adopted.
5. Section A104 Referenced Standard. Not adopted.
QQ. Section B101 Board of Appeals. Appendix B of the International Property Maintenance
Code is adopted by reference and incorporated in the City Code in whole as if it was set
out in full, subject to the following amendments:
Page 10 of 10
1. Section B101.1 Scope. The City of Corcoran’s Board of Appeals and Adjustments
will serve as the board of appeals for the purpose of hearing application for
modification of this code pursuant to the provisions of Section 107 (Means of
Appeals). The board shall operate in accordance with this section, and shall be
authorized to hear evidence from appellants and the code official pertaining to the
application and intent of this code for the purpose of issuing orders pursuant to these
provisions.
2. Section B101.2 Application for Appeal. Any person shall have the right to appeal a
decision of the code official to the board. A written appeal request shall be based on
a claim that the intent of this code or the rules legally adopted hereunder have been
incorrectly interpreted, the provisions of this code do not fully apply, or an equally
good or better form of construction is proposed. The written request shall be filed
with the code official within 30 days after the notice was mailed.
3. Section B101.3 Membership of The Board. Not adopted.
Rental Fee Schedule (Draft)
Dwelling Type License Fee Re-inspection Fee Conversion Fee
Single-family homes,
twin-homes, and
townhomes
$100 per unit $75 per unit $100
Apartments $200 per building
plus $15 per unit
$75 per unit Not Applicable
Penalty Type Fee
Penalty for renewal applications filed
and fees paid after December 1st
(renewal date)
$25 for each 30 days after December
1, but no more than 60 days
Filing fee for appeal of compliance
order
$50
Reinstatement fee $50
Illegal Rental Operation/Let of Property
- First violation $100
- Second violation within 24-
months
$250
- Third and subsequent violation
within 24-months
$500
April 6, 2023
Kevin Mattson, PE
Public Works Director
9100 County Road 19
Corcoran, MN 55340
Dear Kevin:
Reference: Web Mapping Applications – Rental Density and Zoning
We appreciate the opportunity to present this scope of work to provide Web Mapping Applications for the
City of Corcoran’s Planning Department
Project Understanding
The City of Corcoran is looking to implement two Web Mapping Applications for the planning department.
The first application would be a Rental Density Map. The application would identify the “block” boundaries
and display in a pop up the number of lots/block, current rentals in each block and available rentals per
block.
The second application would be a Zoning Application. We would create internal and external facing zoning
applications. The internal application would be for City Staff to view property information and to update
zoning classifications. The external application would be for Corcoran residents to view zoning
classifications and property information. The two applications would be linked together, if changes are made
to the internal application they will be reflected on the external application. The external would not be able to
make changes.
Scope of Work
Task 100 – Rental Density Application
Stantec would work with the planning department to create the “block” boundaries that the application would be
based off. Stantec will setup two virtual meetings with planning staff to create the block boundaries, Stantec will
create the boundaries in GIS based off City Staff input. Areas identified as Rural/Ag Residential, Existing
Residential and Low Density Residential in the 2040 Future Land Use Plan will be created into blocks. Once the
blocks have been established, Stantec will populate the blocks with the number of lots, the number of rentals
allowed for each block, and the current number of rentals in that block. We will also create a GIS layer in the
application with the current rental locations and applicable attributes.
Task 200 – Zoning Application
Stantec would create two zoning applications, an internal zoning application that would allow City Staff to edit the
zoning designations and an external zoning application that would allow public to view zoning designations and
property information. The zoning applications will be using the GIS Zoning Information provided by the City, we
will not be modifying the zoning layer as part of this task.
Task Cost
Task 100 – Rental Density Application $ 6,000
Task 200 – Zoning Application $ 2,000
Total $ 8,000
April 6th, 2023
Kevin Mattson PE
Public Works Director
Page 2 of 2
Reference: Web Mapping Applications – Rental Density and Zoning
Closing
We hope this letter defines the of scope work and the estimated fee of services to your satisfaction. Stantec will
complete this scope of work according to the Master Services Agreement and previous practices with the City of
Corcoran. On behalf of our Stantec team, we thank you for this opportunity to be of service to your community.
Regards,
Stantec Consulting Services Inc.
Kent Torve PE (MN, TX, SD), LEED AP
City Engineer/ Principal
Phone: 612.209.7919
Kent.torve@stantec.com
Jordan Shuck
GIS Manager
Phone: 952-807-3527
jordan.shuck@stantec.com
By signing this proposal, City of Corcoran authorizes Stantec to proceed with the services herein
described and the work will be completed in accordance with the existing Master Service Agreement.
This proposal is accepted and agreed on the ___________ day of _________,_________ .
Per: __________________________
_____________________________ __________________________
Print Name & Title Signature