§ 4-20. Housing code.  


Latest version.
  • (a)

    General provisions. The following general provisions shall apply in the interpretation and enforcement of this section:

    (1)

    Legislative finding. It is hereby found that there exist and may in the future exist, premises, dwellings, dwelling units, rooming units, or parts thereof, which by reason of their structure, equipment, sanitation, maintenance, use, or occupancy affect or are likely to affect adversely the public health, (including the physical, mental, and social well-being of persons and families), safety, and general welfare. To correct and prevent the existence of such adverse conditions, and to achieve and maintain such levels of residential environmental quality as will protect and promote public health, safety, and general welfare, it is further found that the establishment and enforcement of minimum housing standards are required.

    (2)

    Purposes. It is hereby declared that the purpose of this section is to protect, preserve, and promote the physical and mental health and social well-being of the people, to prevent and control incidence of communicable diseases, to regulate privately and publicly owned dwellings for the purpose of maintaining adequate sanitation and public health, and to protect the safety of the people and to promote the general welfare by legislation which shall be applicable to all dwellings now in existence or hereafter constructed. It is hereby further declared that the purpose of this section is to insure that the quality of housing is adequate for protection of public health, safety and general welfare, including: establishment of minimum standards for basic equipment and facilities for light, ventilation, and thermal conditions, for safety from fire and accidents, for the use and location and amount of space for human occupancy, and for an adequate level of maintenance; determination of the responsibilities of owners, operators and occupants of dwellings; and provision for the administration and enforcement thereof.

    (b)

    Definitions. The following terms, as used in this section, shall have the meanings stated:

    Accessory structure: A detached structure located on or partially on any premise which is not used or not intended to be used for living or sleeping by human occupants.

    Appropriate authority: That person within the governmental structure of the corporate unit charged with the administration of the appropriate code.

    Approved: Approved by the city or state authority having such administrative authority.

    Ashes: The residue from the burning of combustible materials.

    Chimney: A vertical masonry shaft of reinforced concrete, or other approved noncombustible, heat resisting material enclosing one or more flues, for the purpose of removing products of combustion from solid, liquid or gas fuel.

    Central heating system: A single system supplying heat to one or more dwelling unit(s) or more than one rooming unit.

    Dormitory: A room in any dwelling used for sleeping purposes by four or more unrelated persons.

    Dwelling: Any enclosed space which is wholly or partly used or intended to be used for living or sleeping by human occupants; provided that temporary housing as hereinafter defined shall not be regarded as a dwelling.

    Dwelling unit: Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating.

    Extermination: The control and elimination of insects, rodents, or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping, or by any other recognized and legal pest elimination methods approved by the city or state authority having such administrative authority.

    Family: One adult person plus one or more persons who are legally related to said person and residing in the same dwelling unit with said person.

    Flush water closet: A toilet bowl flushed with water under pressure with a water sealed trap above the floor level. Such toilet bowls shall have a smooth, easily cleanable surface.

    Garbage: The animal and vegetable waste resulting from the handling, preparation, cooking, serving, and nonconsumption of food.

    Guest: Any person who shares a dwelling unit in a nonpermanent status for not more than 90 days.

    Habitable: A room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, pantries, kitchenettes and utility rooms of less than 50 square feet, foyers, or communicating corridors, stairways, closets, storage spaces, and workshops, hobby and recreation areas in unsealed or uninsulated parts of structure below ground level or in attics.

    Health officer: The legally designated health authority or his authorized representative. (If the legally designated health authority has a title other than "health officer" the title of this authority should be substituted for "health officer" in this subsection and all other subsections of this section.)

    Heated water: Water heated to a temperature of not less than 120 degrees F.

    Household: A family and/or one or more unrelated persons, who shares the same dwelling and uses some or all of its cooking and eating facilities, including servants and not more than two boarders.

    Infestation: The presence within or around a dwelling of any insects, rodents, or other pests.

    Kitchen: Any room containing any or all of the following equipment; or area of a room within three feet of such equipment: sink and/or other device for dishwashing, stove or other device for cooking, refrigerator or other device for cool storage of food, cabinets and/or shelves for storage of equipment and utensils, and counter or table for food preparation.

    Multiple dwelling: Any dwelling containing more than two dwelling units and/or rooming units.

    Occupant: Any person, over one year of age, living, sleeping, cooking, or eating in, or actually having possession of, a dwelling unit or a rooming unit; except that in dwelling units a guest will not be considered an occupant.

    Operator: Any person who has charge, care, control, or management of a building, or part thereof, in which dwelling units or rooming units are let.

    Ordinary summer conditions: A temperature ten degrees below the highest recorded temperature in the locality for the prior ten-year period.

    Ordinary winter conditions: A temperature of 15 degrees F. above the lowest recorded temperature in the locality for the prior ten-year period.

    Owner: Any person who, alone or jointly or severally with others:

    (1)

    Shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof, or,

    (2)

    Shall have charge, care, or control of any dwelling or dwelling unit, as owner or agent of the owner, or an executor, administrator, 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.

    Permissible occupancy: The maximum number of persons permitted to reside in a dwelling unit or rooming unit.

    Plumbing: All of the following supplied facilities and equipment: gas pipes, gas burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar supplied fixtures, together with all connections to water, sewer, or gas lines.

    Privacy: The ability of a person or persons to carry out an activity commenced without interruption or interference, either by sight or sound, by unwanted persons.

    Premises: A platted lot or part thereof or unplatted lot or parcel of land or plot of land, either occupied or unoccupied by any dwelling or nondwelling structure and includes any such building, accessory structure or other structure thereon.

    Refuse: All putrescible and nonputrescible solids (except body wastes) including garbage, rubbish, ashes and dead animals.

    Rooming house: Any dwelling or that part of any dwelling containing one or more rooming units, and/or one or more dormitory rooms.

    Rooming unit: Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking purposes.

    Rubbish: Nonputrescible solid wastes (excluding ashes) consisting of either:

    (1)

    Combustible wastes such as paper, cardboard, plastic containers, yard clippings, and wood; or

    (2)

    Noncombustible wastes such as tin cans, glass and crockery.

    Safety: The condition of being free from danger and hazards which may cause accidents or disease.

    Space heater: A self-contained, heating appliance of either the circulating type or the radiant type and intended primarily to heat only one room.

    Supplied: Paid for, furnished by, provided by, or under the control of the owner or operator.

    Temporary housing: Any tent, trailer, mobile home, or any other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utility system on the same premises for more than 30 consecutive days.

    (c)

    Responsibilities of owners and occupants.

    (1)

    It is unlawful for any person to occupy or let to another person any dwelling or dwelling unit unless it and the premises are clean, sanitary, fit for human occupancy, and comply with all applicable legal requirements of the State of Minnesota and the city.

    (2)

    Every owner of a dwelling containing two or more dwelling units shall maintain in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof.

    (3)

    Every occupant of a dwelling or dwelling unit shall maintain in a clean and sanitary condition that part or those parts of the dwelling, dwelling unit and premises there of that he occupies and controls.

    (4)

    Every occupant of a dwelling or dwelling unit shall store and dispose of all his rubbish in a clean, sanitary and safe manner.

    (5)

    Every occupant of a dwelling or dwelling unit shall store and dispose of all his garbage and any other organic waste which might provide food for insects and/or rodents, in a clean, sanitary and safe manner, and if a container is used for storage pending collection, it shall be rodent proof, insect proof, and water-tight.

    (6)

    Every owner of a dwelling containing three or more dwelling units shall supply facilities or containers for the sanitary and safe storage and/or disposal of rubbish and garbage. In the case of single- or two-family dwellings it shall be the responsibility of the occupant to furnish such facilities or containers.

    (7)

    The owner of a dwelling unit shall be responsible for providing and hanging all screens and double or storm doors and window whenever the same are required under the provisions of this section or any rule or regulation adopted pursuant thereto, except where there is a written agreement between the owner and occupant. In the absence of such an agreement, maintenance or replacement of screens, storm doors and windows, once installed in any one season become the responsibility of the occupant.

    (8)

    Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of insects, and/or rodents, on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a rodent proof or reasonable insect proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner.

    (9)

    Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean, sanitary and operable condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.

    (10)

    In every dwelling unit and/or rooming unit when the control of the supplied heat is the responsibility of a person other than the occupant, a temperature of at least 68 degrees F. shall be maintained in all habitable rooms, bathrooms and water closet compartments at a distance of 18 inches above the floor level.

    (d)

    Minimum standards for basic equipment and facilities. It is unlawful for any person to occupy as owner, occupant or let to another for occupancy any dwelling or dwelling unit, for the purposes of living, sleeping, cooking or eating therein, which does not comply with the following requirements:

    (1)

    Every dwelling unit shall have a room or portion of a room in which food may be prepared and/or cooked, which shall have adequate circulation area, and which shall be equipped with the following:

    a.

    A kitchen sink in good working condition and properly connected to a water supply system which is approved by the appropriate authority and which provides at all times an adequate amount of heated and unheated running water under pressure, and which is connected to a sewer system approved by the appropriate authority.

    b.

    Cabinets and/or shelves for the storage of eating, drinking, and cooking equipment and utensils and of food that does not under ordinary summer conditions require refrigeration for safekeeping; and a counter or table for food preparation; said cabinets and/or shelves and counter or table shall be adequate for the permissible occupancy of the dwelling unit and shall be of sound construction furnished with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food.

    c.

    A stove, or similar device, for cooking food and a refrigerator, or similar device, for the safe storage of food at temperatures less than 50 degrees F., but more than 32 degrees F., under ordinary maximum summer conditions, which are properly installed with all necessary connections for safe, sanitary and efficient operation; provided, that such stove, refrigerator, and/or similar devices need not be installed when a dwelling unit is not occupied and when the occupant is expected to provide same on occupancy, and that sufficient space and adequate connections for the safe and efficient installation and operation of said stove, refrigerator and/or similar devices are provided.

    (2)

    Within every dwelling unit there shall be a nonhabitable room which affords privacy to a person within said room and which is equipped with a flush water closet in good working condition. Said flush water closet shall be connected to a water system that at all times provides an adequate amount of running water under pressure to cause the water closet to be operated properly and shall be connected to a sewer system which is approved by the appropriate authority.

    (3)

    Within every dwelling unit there shall be a lavatory sink. Said lavatory sink may be in the same room as the flushwater closet, or, if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which said water closet is located. The lavatory sink shall be in good working condition and properly connected to a water supply system which is approved by the appropriate authority and which provides at all times an adequate amount of heated and unheated running water under pressure, and which is connected to a sewer system approved by the appropriate authority.

    (4)

    Within every dwelling unit there shall be a room which affords privacy to a person within said room and which is equipped with a bathtub or shower in good working condition. Said bathtub or shower may be in the same room as the flush water closet or in another room and shall be properly connected to a water supply system which is approved by the appropriate authority and which provides at all times an adequate amount of heated and unheated water under pressure, and which is connected to a sewer system approved by the appropriate authority.

    (5)

    Every dwelling unit shall have one or more approved means of egress, with minimum head room of six feet six inches, leading to safe and open space at ground level and every dwelling unit in a multiple dwelling shall have immediate access to two or more approved means of egress with minimum head room of six feet six inches, leading to safe and open space at ground level, as required by the laws of this state and the city.

    (6)

    Structurally sound hand rails shall be provided on any steps containing five risers or more. If steps are not enclosed, hand rails and balusters spaced no more than six inches apart shall be provided. Porches and/or balconies located more than three feet higher than the adjacent area shall have structurally sound protective hand rails (30—36 inches high) and, if unenclosed, balusters spaced no less than six inches apart.

    (7)

    Each dwelling shall have a suitable facility for the safe storage of drugs and household poisons.

    (e)

    Minimum standards for light and ventilation. It is unlawful for any person to occupy as owner, occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:

    (1)

    Every habitable room shall have at least one window or skylight facing outdoors provided that if connected to a room or area used seasonally (e.g. porch) then adequate daylight must be possible through this inter-connection. The minimum total window or skylight area, measured between stops, for every habitable room shall be at least ten percent of the floor area of such room but if light-obstruction structures are located less than three feet from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area.

    (2)

    Every habitable room shall have at least one window or skylight facing directly outdoors which can easily be opened, or such other device as will adequately ventilate the room provided that if connected to a room or area used seasonally then adequate ventilation must be possible through this interconnection. The total of openable window or skylight area in every habitable room shall be equal to at least ten percent of the minimum window area size or minimum skylight type window size, as required in subsection (e)(1) of this section, except where there is supplied some other device affording adequate ventilation and approved by the appropriate authority.

    (3)

    Every bathroom and water closet compartment, and nonhabitable room used for food preparation, shall comply with the light and ventilation requirement for habitable rooms contained in subsections (e)(1) and (2) of this section, except that no window or skylight shall be required in such rooms if they are equipped with a ventilation system in working condition, which is approved by the appropriate authority.

    (4)

    Where there is usable electric service available from power lines which are not more than 300 feet away from a dwelling, every dwelling unit and all public and common areas shall be supplied with electric service, outlets, and fixtures which shall be properly installed, shall be maintained in good and safe working condition, and shall be connected to a source of electric power in a manner prescribed by the provisions of the City Code, rules and regulations of the city. The capacity of such services and the number of outlets and fixtures shall be as follows:

    a.

    Every habitable room shall have an electric service and outlets and/or fixtures capable of providing at least three watts per square foot of total floor area.

    b.

    Every habitable room, and nonhabitable room used for food preparation, shall have at least one floor or wall-type electric convenience outlet for each 60 square feet or fraction thereof of total floor area, and in no case less than two such outlets.

    c.

    Every water closet compartment, bathroom, and kitchen or kitchenette, laundry room, furnace room, and public hall shall contain at least one supplied ceiling or wall-type electric light fixture.

    d.

    Convenient switches or equivalent devices for adequately lighting each room or passageway shall be located so as to permit the area ahead to be lighted.

    (5)

    Every public hall and stairway in every multiple dwelling shall be adequately lighted by natural or electric light at all times, so as to provide in all parts thereof at least six foot candles of light at the tread or floor level. Every public hall and stairway in structures containing not more than two dwelling units may be supplied with conveniently located light switches controlling an adequate lighting system which may be turned on when needed, instead of fulltime lighting.

    (f)

    Minimum thermal standards. It is unlawful for any person to occupy as owner, occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living therein, which does not comply with the following requirements:

    (1)

    Every dwelling shall have heating facilities which are properly installed, and are maintained in safe and good working condition, and are capable of safely and adequately heating all habitable rooms, bathrooms and water closet compartments in every dwelling unit located therein to a temperature of at least 68 degrees F. at a distance of 18 inches above floor level under ordinary winter conditions.

    (2)

    No owner or occupant shall install, operate or use an unvented space heater employing a flame.

    (g)

    General requirements relating to the safe and sanitary maintenance of parts of dwellings and dwelling units. It is unlawful for any person to occupy as owner, occupant or let to another for occupancy, any dwelling or dwelling unit for the purpose of living therein, which does not comply with the following requirements:

    (1)

    Every foundation, roof and exterior wall, door, skylight and window shall be reasonably weather-tight, water-tight, and damp-free, and shall be kept in sound condition and good repair. Floors, interior walls and ceilings shall be sound and in good repair. All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by paint or other protective covering or treatment using nontoxic materials where readily accessible to children. Walls shall be capable of affording privacy for the occupants. Every premises shall be graded, drained, free of standing water, and maintained in a clean, sanitary and safe condition.

    (2)

    Every window, exterior door and basement hatchway or similar devices, shall be kept rodent-proof and reasonably water-tight and weather-tight, and shall be kept in working condition and good repair.

    a.

    During that portion of the year when there is a need for protection against mosquitoes, flies and other flying insects, every door opening directly from a dwelling unit to outside space shall have supplied properly fitting screens having at least 16 mesh and self-closing device; and every window or other device with openings to outdoor space, used or intended to be used for ventilation, shall likewise be supplied with screens.

    b.

    Every window located at or near ground level used or intended to be used for ventilation, and every other opening located at or near ground level which might provide an entry for rodents, shall be supplied with adequate screen or such other devices as will effectively prevent their entrance.

    (3)

    Every dwelling, multiple dwellings, rooming house or accessory structure and the premises on which located shall be maintained so as to prevent and eliminate rodent harborage.

    (4)

    All fences provided by the owner or agent on the premises and/or all fences erected or caused to be erected by an occupant shall be constructed of manufactured metal fencing material, wood, masonry, or other inert material. Such fences shall be maintained in good condition, uniform in height throughout, and any wood materials shall be protected against decay by use of paint or other preservative. Such fences shall be maintained in good repair. The permissible height and other characteristics of all fences shall conform to the appropriate statutes, ordinances and regulations of the city and State of Minnesota. Wherever any egress from the dwelling opens into the fenced area, there shall be a means of egress from the premises to any public way adjacent thereto.

    (5)

    Accessory structures present or provided by the owner, agent, or tenant occupant on the premises of a dwelling shall be structurally sound, be designed to prevent rodent harborage, and be maintained in good repair and free of vermin by the owner, agent, or occupant, or such structures shall be removed from the premises. The exterior of such structures shall be made weather resistant through the use of decay resistant materials or the use of paint or other preservatives.

    (6)

    Every foundation, roof, floor, exterior and interior wall, ceiling, inside and outside stair, every porch, and every appurtenance thereto, shall be safe to use and capable of supporting the loads that normal use may cause to be placed thereon; and shall be kept in sound condition and good repair. Every inside and outside stair or step shall have uniform risers and treads.

    (7)

    Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition.

    (8)

    Every water closet compartment, bathroom and kitchen floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.

    (9)

    Every plumbing fixture and pipe, every chimney, flue, and smoke pipe, and every other facility, piece of equipment, or utility which is present in a dwelling or dwelling unit, or which is required under this section, shall be constructed and installed in conformance with the appropriate statutes, ordinances and regulations of the city and State of Minnesota.

    (10)

    No owner, operator, or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued for any occupied dwelling or dwelling unit let or occupied by him, except for such temporary interruption as may be necessary while actual repairs or alterations are in process, or during temporary emergencies when discontinuance of service is approved by the appropriate authority.

    (11)

    All construction and materials, ways and means of egress, and installation and use of equipment shall conform to applicable State and city laws dealing with fire protection.

    (h)

    Maximum density, minimum space, use and location requirements. It is unlawful for any person to occupy or let to be occupied any dwelling or dwelling unit, for the purpose of living therein, unless there is compliance with the following requirements:

    (1)

    The maximum density of occupancy of any dwelling unit by persons shall not exceed either:

    a.

    For first occupant 150 square feet of floor space and at least 100 square feet of floor space for every additional occupant thereof, the floor space to be calculated on the basis of total habitable room area.

    b.

    A total number of occupants equal to two times the number of its habitable rooms.

    (2)

    Not more than one family, plus two occupants unrelated to the family, except for guests or domestic employees, shall occupy a dwelling unit unless a permit for a rooming house has been granted by the appropriate authority.

    (3)

    The ceiling height of any habitable room shall be at least seven feet; except that in any habitable room under a sloping ceiling at least one-half of the floor area shall have a ceiling height of at least six feet eight inches, and the floor area of that part of such a room where the ceiling height is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy.

    (4)

    No space located partially or totally below grade shall be used as a habitable room of a dwelling unit unless approved by the health officer in writing and unless:

    a.

    The floor and those portions of the walls below grade are of water-proof and damp-proof construction.

    b.

    The minimum window area is equal to at least that required in subsection (e)(1) of this section; and such window area is located entirely above the grade of the ground adjoining such window area, or if windows are located wholly or partly below grade, there be constructed a properly drained window well whose open area is equal to or greater than the area of the masonry opening for the window, the bottom of the window well is below the top of the impervious masonry construction under this window, and the minimum horizontal distance at a right angle from any point of the window well is equal to or greater than the vertical depth of the window well as measured from the bottom of the masonry opening for the window; except where there is supplied adequate artificial illumination.

    c.

    The total openable window area in each room is equal to at least the minimum as required under subsection (e)(2) of this section, except where some other approved devices affording adequate ventilation and humidity control are supplied.

    d.

    There are no pipes, ducts or other obstructions less than six feet, eight inches above the floor level which interfere with the normal use of the room or area.

    (5)

    In every dwelling unit of two or more rooms, every room occupied for sleeping purposes shall contain at least 60 square feet of floor space for the first occupant, and at least 40 square feet of floor space for each additional occupant thereof.

    (6)

    No dwelling or dwelling unit containing two or more sleeping rooms shall have such room arrangements that access to a bathroom or water closet compartment intended for use by occupants of more than one sleeping room can be had only by going through another sleeping room; nor shall room arrangements be such that access to a sleeping room can be had only by going through another sleeping room or a bathroom or water closet compartment.

    (7)

    Every dwelling unit shall have at least four square feet of floor-to-ceiling height closet space for the personal effects of each permissible occupant; if it is lacking, in whole or in part, an amount of space equal in square footage to the deficiency shall be subtracted from the area of habitable room space used in determining permissible occupancy.

    (i)

    Rooming house, dormitory rooms, rooming units. It is unlawful for any person to operate a rooming house, or to occupy or let to another for occupancy any dormitory room and/or rooming unit in any rooming house, which is not in compliance with the provisions of this section except the provisions of subsections (c), (d), and (h)(1), (2), (5) and (7) of this section. No owner or other person shall occupy or let to another person any rooming unit or dormitory room unless it is clean and sanitary, and complies with all applicable requirements, including the following:

    (1)

    No person shall operate a rooming house unless he holds a valid rooming house permit issued by the appropriate authority in the name of the operator and for the specific dwelling or dwelling unit. The operator shall apply to the appropriate authority upon compliance by the operator with the applicable provisions of this section and of any rules and regulations adopted pursuant thereto. This permit shall be displayed in a conspicuous place within the house at all times. No such permit shall be transferable. Every person holding such a permit shall give notice in writing to the appropriate authority within seven days after having sold, transferred, given away, or otherwise disposed of ownership of, interest in, or control of any rooming house. Such notice shall include the name and address of the person succeeding to the ownership or control of such rooming house. Every rooming house permit shall expire at the end of one year following its date of issuance, unless sooner suspended, or revoked as hereinafter provided.

    (2)

    At least one flush water closet, lavatory basin and bathtub or shower, properly connected to a water and sewer system approved by the health officer and in good working condition, shall be supplied for each six persons or fraction thereof residing within a rooming house, including members of the operator's family wherever they share the use of the said facilities, provided:

    a.

    That in a rooming house where rooms are let only to males, flush urinals may be substituted for not more than one-half the required number of water closets.

    b.

    That all such facilities shall be so located within the dwelling as to be reasonably accessible from a common hall or passageway to all persons sharing such facilities.

    c.

    That every lavatory basin and bathtub or shower shall be supplied with heated and unheated water under pressure at all times.

    d.

    That no such facilities shall be located in a basement.

    (3)

    The following provisions shall apply in all rooming houses:

    a.

    Cooking in dormitory rooms and rooming units is prohibited.

    b.

    Communal cooking and dining facilities in a rooming house are prohibited, except as approved by the health officer in writing.

    c.

    Access doors to rooming unit shall have operating locks to insure privacy.

    (4)

    Unless exempted by the health officer in writing, the operator of every rooming house shall change supplied bed linen and towels therein at least once a week, and prior to the letting of any room to any occupant, and the operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner.

    (5)

    Every room in a rooming house used for living or sleeping purposes shall comply with all the requirements of this section pertaining to a habitable room.

    a.

    Every room occupied for sleeping purposes by one person shall contain at least 72 square feet of floor space, and every room occupied for sleeping purposes by more than one person shall contain at least 68 square feet of floor space for each occupant thereof; every such room shall also contain at least four square feet of floor-to-ceiling height closet space per occupant thereof, or if it is lacking, in whole or in part, an amount of space equal in square footage to the deficiency shall be subtracted from the area of habitable room space used in determining permissible occupancy except that in a dormitory room said closet or closet space may be provided in another portion of the rooming house.

    (6)

    Every rooming unit shall have immediate access to two or more safe, unobstructed means of egress, with minimum head room of six feet six inches, leading to safe and open space at ground level, as required by the law of this state and the city.

    (7)

    Structurally sound hand rails shall be provided on any steps containing five risers or more. If steps are not enclosed hand rails and balusters spaced no more than six inches apart shall be provided. Porches and/or balconies located more than three feet higher than the adjacent areas shall have structurally sound protective hand rails (30—36 inches) high and if unenclosed balusters spaced no more than six inches apart shall also be provided.

    (j)

    Adoption of plans of inspection by the appropriate agency. The housing inspector is hereby authorized and directed to develop and adopt plans for the inspection of dwelling units subject to the provisions of this section, including:

    (1)

    A plan for the periodic inspection of multiple dwellings and rooming houses subject to the provisions of the City Code, governing the licensing of the operation of such dwellings;

    (2)

    A plan for the systematic inspection of dwelling units contained in such contiguous areas within the city as may from time to time be designated by the housing inspector.

    (k)

    Inspections: powers and duties of the appropriate authority.

    (1)

    The housing inspector is hereby authorized and directed to make inspections pursuant to one or more of the plans for inspection authorized by subsection (j) of this section; or in response to a complaint that an alleged violation of the provisions of this section or of applicable rules or regulations pursuant thereto has been committed; or when the housing inspector has valid reason to believe that a violation of this section or any rules and regulations pursuant thereto has been committed.

    (2)

    The housing inspector is hereby authorized to enter and inspect between the hours of 8:00 o'clock a.m. and 5:00 o'clock p.m. all dwellings, dwelling units, and rooming houses, rooming units, and dormitory rooms subject to the provisions of this section for the purpose of determining whether there is compliance with its provisions.

    (3)

    The housing inspector is hereby authorized to inspect the premises surrounding dwellings, dwelling units, rooming units, rooming houses, and dormitory rooms subject to this section for the purpose of determining whether there is compliance with its provisions.

    (4)

    The housing inspector and the owner, occupant or other person in charge of a dwelling, dwelling unit, rooming unit, rooming house or dormitory room subject to this section may agree to an inspection by appointment at a time other than the hours provided by this section.

    (5)

    The owner, occupant or other person in charge of a dwelling, dwelling unit, rooming unit, rooming house or dormitory room upon presentation by the housing inspector of proper identification, a copy of any relevant plan of inspection pursuant to which entry is sought, and a schedule of the specific areas and facilities to be inspected shall give the housing inspector entry and free access to every part of the dwelling, dwelling unit, rooming unit or dormitory room or to the premises surrounding any of these. Before making inspections within a contiguous area pursuant to a plan authorized in subsection (j) hereof, the housing inspector shall first consult with organizations representative of property owners and other residents of such contiguous area, if any such organizations exist.

    (6)

    The housing inspector shall keep confidential all evidence not related to the purposes of this section and any rules and regulations pursuant thereto which he may discover in the course of the inspection. Such evidence shall be considered privileged, and shall not be admissible in any judicial proceeding, without the consent of the owner, occupant, or other person in charge of the dwelling unit or rooming unit so inspected.

    (7)

    If any owner, occupant, or other person in charge of a dwelling, dwelling unit or rooming unit, or a multiple dwelling or rooming house subject to the provisions of section 6.44 of the City Code, refuses, impedes, inhibits, interferes with, restricts, or obstructs entry and free access to every part of the structure or premises where inspection authorized by this section is sought, the housing inspector may seek in a court of competent jurisdiction an order that such owner, occupant or other person in charge cease and desist with such interference.

    (l)

    Rules and regulations. The housing inspector is hereby authorized to make, adopt, revise and amend such rules and regulations as he deems necessary for the carrying out of the purposes of this section.

    (m)

    Notice of violation.

    (1)

    Whenever the housing inspector determines that any dwelling, dwelling unit, or rooming unit, or the premises surrounding any of these, fails to meet the requirements set forth in this section, or in applicable rules and regulations issued pursuant thereto, he shall issue a notice setting forth the alleged failures, and advising the owner, occupant or other person in charge that such failures must be corrected. This notice shall:

    a.

    Be in writing;

    b.

    Set forth the alleged violations of this section or of applicable rules and regulations issued pursuant thereto;

    c.

    Describe the dwelling, dwelling unit or rooming unit where the violations are alleged to exist or to have been committed;

    d.

    Provide a reasonable time, not to exceed 60 days, for the correction of any violation alleged;

    e.

    Be served upon the owner, occupant or other person in charge of the dwelling, dwelling unit, or rooming unit personally, or by registered mail, return receipt requested, addressed to the last known place of residence of the owner, occupant or other person in charge. If one or more persons to whom such notice is addressed cannot be found after diligent effort to do so, service may be made upon such person or persons by posting a notice in or about the dwelling, dwelling unit or rooming unit described in the notice, or by causing such notice to be published in a newspaper of general circulation for a period of 30 consecutive days;

    f.

    Be served upon a resident agent for the receipt of such service of notice; or

    g.

    Be served upon the housing inspector where he has been designated agent for such service.

    (2)

    At the end of the period of time allowed for the correction of any violation alleged, the housing inspector shall reinspect the dwelling, dwelling unit or rooming unit described in the notice.

    (3)

    If upon reinspection the violations alleged are determined by the housing inspector not to have been corrected, he shall issue a second notice of violation which shall constitute an order requiring that the then existing failures to meet the requirements of this section or of applicable existing rules or regulations issued pursuant thereto, shall be corrected within a reasonable time allowed, but not to exceed 60 days after the date of such reinspection, if the person served with such notice does not request a reconsideration or petition for a hearing on the matter in the manner hereinafter provided.

    (4)

    The housing inspector shall cause a copy of the second notice to be posted in a conspicuous place in or about the dwelling, dwelling unit or rooming unit where the violations are alleged to exist, and shall serve it in the manner provided in this subsection.

    (5)

    The housing inspector, after the expiration of time granted the person served with such notice to seek reconsideration or a hearing in the manner hereinafter provided by this section, or after a final decision adverse to such person served has been rendered by the council or by a court of competent jurisdiction to which an appeal has been taken, shall cause the second notice to be recorded with the county recorder.

    (6)

    All subsequent transferees of the dwelling, dwelling unit or rooming unit in connection with which a second notice has been so recorded shall be deemed to have notice of the continuing existence of the violations alleged, and shall be liable to all penalties and procedures provided by this section and by applicable rules and regulations issued pursuant thereto to the same degree as was their transferor.

    (n)

    Repairs; demolition; revolving fund.

    (1)

    Repairs.

    a.

    Whenever an owner or other person in charge of a dwelling, dwelling unit or rooming unit fails, neglects or refuses to make repairs called for by a second order or notice of violation issued pursuant to subsection (m) of this section, the housing inspector may undertake such repairs, when in his judgment a failure to make them will endanger the public health, safety or welfare, and the cost of such repairs will not exceed 50 percent of the fair market value of the structure to be repaired.

    b.

    Notice of the intention to make such repairs shall be served upon the owner or other person in charge pursuant to subsection (m) of this section; or upon the housing inspector as designated agent for service; or upon the resident agent of the owner, as designated agent for service.

    c.

    Every owner or other person in charge of a dwelling, dwelling unit or rooming unit who has received notice of the intention of the housing inspector to make repairs shall give entry and free access to the agent of the housing inspector for the purpose of making such repairs. Any owner or other person in charge of a dwelling, dwelling unit or rooming unit who refuses, impedes, interferes with, hinders or obstructs entry by such agent pursuant to a notice of intention to make repairs shall be subject to a civil penalty of $25.00 for each such failure to comply with this subsection.

    d.

    When repairs are made at the direction of the housing inspector cost of such repairs shall constitute a debt in favor of the city against the owner of the repaired structure. In the event such owner fails, neglects or refuses to pay the city the amount of this debt, it shall be recoverable in a civil action, against the owner or his successor, brought in a court of competent jurisdiction by the city which shall possess all rights of a private creditor.

    (2)

    Demolition.

    a.

    Any dwelling, dwelling unit or rooming unit shall be declared unfit for human habitation when, in the judgment of the housing inspector it is so damaged, decayed, dilapidated, insanitary, unsafe or vermin-infested as to create a hazard to the health, safety and welfare of the occupants or of the public, and where the structure is determined by the housing inspector not to warrant repair under subsection (n)(1)a. of this subsection.

    b.

    Any vacant building shall be declared unfit for human habitation, when its existence, in the judgment of the housing inspector is detrimental to the public health, safety or welfare.

    c.

    The owner of any structure which has been determined unfit for human habitation, whether such structure is occupied or vacant, shall be given notice of this determination in the manner provided for service of notice in subsection (m) of this section, and shall be given a reasonable time, not to exceed 90 days, to remove such structure.

    d.

    The owner of any dwelling, dwelling unit or rooming unit contained in any structure which has been determined unfit for human habitation and which has been vacated shall not cause or permit such vacated dwelling, dwelling unit or rooming unit to be reoccupied pending removal of the structure.

    e.

    Any owner aggrieved by the notice to demolish may within 30 days seek a reconsideration of the matter in the manner hereinafter provided, and may seek a formal hearing in the manner provided in subsection (p) of this section.

    f.

    When the owner fails, neglects or refuses to remove the unfit structure within the requisite time, the housing inspector may apply to a court of competent jurisdiction for a demolition order. The court may grant such order when no reconsideration or hearing on the matter is pending. The cost of such demolition shall create a debt in favor of the city against such owner, and shall be recoverable in a civil action brought by the city which shall possess all the rights of a private creditor.

    g.

    All demolition, whether carried out by the owner or by the housing inspector shall include the filling in of the excavation remaining on the property on which the demolished structure was located, in such manner as to eliminate all potential danger to the public health, safety or welfare arising from such excavation.

    (3)

    Revolving fund.

    a.

    There is hereby created a revolving fund for the purpose of supporting the cost of repairs or demolition made by the housing inspector pursuant to subsection (n) of this section. Into this fund shall be paid:

    1.

    All civil penalties collected for violations of this section.

    2.

    All license fees collected pursuant to section 6-44 of chapter 6.

    3.

    All judgments collected in actions to recover costs of repair and demolition, pursuant to subsections (n)(1)d. and (n)(2)f. of this section.

    4.

    Such other revenues as the city may from time to time authorize to be paid into this fund.

    5.

    All donations and grants designed to promote the purposes of this section, from public or private sources. The housing inspector is hereby declared to be the authorized agency of the city to apply for and receive all grants, loans and gifts of funds to promote the purposes of this section.

    (o)

    Collection and dissemination of information. The housing inspector is hereby authorized to collect and disseminate information concerning techniques of maintenance, repair, and sanitation in housing, and concerning the requirements of this section and applicable rules and regulations issued pursuant thereto.

    (p)

    Applications for reconsideration; conferences; hearings; appeals.

    (1)

    Application for reconsideration.

    a.

    Any person aggrieved by a notice of the housing inspector issued in connection with any alleged violation of this section or of applicable rules and regulations issued pursuant thereto, or by any order requiring repair or demolition pursuant to subsection (n) of this section, may apply for a reconsideration of such notice or order within 21 days after it has been issued.

    b.

    The housing inspector shall set a time and place for an informal conference on the matter within ten days of the receipt of such application, and shall advise the applicant of such time and place in writing.

    c.

    At the informal conference, the applicant shall be permitted to present his grounds for believing that the order should be revoked or modified to one or more representatives of the housing inspector.

    d.

    Within ten days following the close of the informal conference, the housing inspector shall advise the applicant whether or not he will modify or set aside the notice or order issued by the housing inspector.

    (2)

    Hearings.

    a.

    Any person aggrieved by a notice of the housing inspector issued in connection with any alleged violation of the provisions of this section or of any applicable rules and regulations pursuant thereto, or by any order requiring repair or demolition pursuant to subsection (n) of this section, may file with the council a petition setting forth his reasons for contesting the notice or order.

    b.

    Such petition shall be filed within 21 days after the notice or order is served on petitioner in the manner prescribed by subsection (m) of this section.

    c.

    Upon receipt of a valid petition, the council shall either grant or deny the hearing requested, and shall advise petitioner of its decision in writing within ten days of the day on which his petition was received.

    d.

    When the council determines to hold a hearing, it shall serve petitioner with notice of its decision in the manner provided for service of notice in subsection (m) of this section. Such notice shall be served within ten days of the receipt of the petition.

    e.

    At the hearing, the petitioner shall be given an opportunity to show cause why the notice or order should be modified or withdrawn, or why the period of time permitted for compliance should be extended.

    f.

    The council shall have the power to affirm, modify or revoke the notice or order, and may grant an extension of time for the performance of any act required of not more than three additional months, where the council finds that there is practical difficulty or undue hardship connected with the performance of any act required by the provisions of this section or by applicable rules or regulations issued pursuant thereto, and that such extension is in harmony with the general purpose of this section to secure the public health, safety and welfare.

    g.

    The council may grant variances from the provisions of this section or from applicable rules and regulations issued pursuant thereto when the council finds that there is practical difficulty or unnecessary hardship connected with the performance of any act required by this section and applicable rules and regulations pursuant thereto; that strict adherence to such provisions would be arbitrary in the case at hand; that extension would not provide an appropriate remedy in the case at hand, and that such variance is in harmony with the general purpose of this section to secure the public health, safety and welfare.

    (3)

    Any person aggrieved by the final decision of the council may obtain judicial review by filing in a court of competent jurisdiction within 30 days of the announcement of such decision a petition praying that the decision be set aside in whole or in part. A copy of each petition so filed shall be forthwith transmitted to the council which shall file in court a record of the proceedings upon which it based its decision. Upon the filing of such record, the court shall affirm, modify, or vacate the decision complained of in whole or in part. The findings of the council with respect to questions of fact shall be sustained if supported by substantial evidence on the record, considered as a whole.

    (q)

    Emergencies.

    (1)

    Whenever, in the judgment of the housing inspector an emergency exists which requires immediate action to protect the public health, safety or welfare, he may, without notice, conference or hearing issue an order directing the owner, occupant, or other person in charge of the structure to which the provisions of this section or applicable rules and regulations pursuant thereto apply to take such action as is necessary to correct or abate the emergency; or if circumstances warrant, may himself act to abate or correct it.

    (2)

    The owner, occupant or other person in charge of such structure shall be granted a conference on the matter upon his request, as soon as practicable, but such conference shall in no case stay the abatement of correction of such emergency.

    (r)

    Opt out of regulations for temporary family health care dwellings.

    (1)

    Pursuant to authority granted by Minnesota Statutes, Section 462.3593, subdivision 9, the City of International Falls opts out of the requirements of Minn. Stat. § 462.3593, which defines and regulates Temporary Family Health Care Dwellings.

(Code of 1979; Ord. No. 17, 5th series, eff. 8-10-16)