City Code (cont.)
__________
*Cross
references: Buildings
and building regulations, ch. 18.
State
law references: Authority
to provide for fire prevention and protection, M.S.A. § 412.221, subd. 17
__________
(a)
Adopted. A certain document, one copy of which is on file in the
office of the city clerk, being marked and designated as the Minnesota Uniform
Fire Code dated March 1997 and amendments, is adopted as the fire code for the
city for the purpose of prescribing regulations governing conditions hazardous
to life and property from fire or explosion, except such portions as are
modified or amended by subsection (c) of this section, and is made a part of
this section the same as if fully set forth in this section.
(b)
Limits of districts in which storage of flammable or combustible
liquids in outside aboveground tanks prohibited. The limits referred to in
section 79.501 of the uniform fire code adopted in subsection (a) of this
section in which storage of flammable or combustible liquids in outside
aboveground tanks is prohibited are established as zoning districts R-1, R-2,
R-3, R-O, B-1, B-2, B-3 and I-1.
(c)
Amendments. The uniform fire code adopted in subsection (a) of
this section is amended and changed in the following respects:
Section
2.303, Board of appeals,
is added in its entirety.
(d)
Permits required. It is unlawful for any person to erect or
install permanent flammable or combustible liquid storage tanks or automatic
fire sprinkler systems without first obtaining a permit from the inspection
division.
(e)
Permit fees. Fees for permits required under this chapter shall be
determined by the council and fixed by resolution, a copy of which shall be in
the office of the inspection division and uniformly enforced.
(f)
Violations. It is unlawful for any person to violate any of the
provisions of the fire code adopted in this section or to fail to comply
therewith, to violate or fail to comply with any order made thereunder or to
build in violation of any detailed statement of specifications or plans
submitted and approved thereunder and from which no appeal has been taken or to
fail to comply with such an order as affirmed or modified by the board of
appeals or by a court of competent jurisdiction.
(g)
Penalties.
(1)
The imposition of one penalty for any violation shall not excuse the
violation or permit it to continue. Any and all such persons in violation shall
be required to correct or remedy such violations or defects within a reasonable
time, and, when not otherwise specified, each day that prohibited conditions are
maintained shall constitute a separate offense.
(2)
The application of the penalty in subsection (g)(1) of this section shall
not be held to prevent the enforced removal of prohibited conditions.
(Code
1980, § 10.11; Ord. No. 63, 3d, § 1, 3-24-03)
State
law references: State
uniform fire code, M.S.A. § 299F.011.
(a)
Any burning of rubbish, trash, leaves, brush, or other material within
the city limits is prohibited.
(b)
Violation of this section is a petty misdemeanor punishable by a fine not
to exceed $300.00. Each day that burning occurs shall constitute a separate
offense.
(Code
1980, § 10.23; Ord. No. 65, 3d, § 2, 3, 4-28-03)
__________
*Cross reference(s)--Buildings
and building regulations, ch. 18.
__________
Secs.
34-1--34-25. Reserved.
(a)
Whenever the terms "dwelling," "dwelling unit,"
"rooming," "rooming unit," "premises" are used in
this article, they shall be construed as though they were followed by the phrase
"or any part thereof."
(b)
The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
Basement
means that portion of a building located partly underground, but having less
than half its clear floor-to-ceiling height below the average grade of the
adjoining ground or having one sidewall area two-thirds exposed and above the
average grade of the adjoining ground and the two walls adjoining the above side
having one-third or more of wall area above the average grade of the adjoining
ground.
Building
means any structure used or intended for supporting or sheltering any use or
occupancy.
Cellar
means that portion of the building partly underground having half or more than
half of its clear height below the average grade of the adjoining ground.
Dwelling
means any building which is wholly or partly used or intended to be used for
living or sleeping by human occupants, provided that temporary housing, as
defined in this section, shall not be regarded as a dwelling.
Dwelling
unit means 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
means 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 a
representative of the city health office.
Garbage
means discarded material resulting from the handling, preparation or consumption
of food.
Habitable
room means 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,
pantries, foyers or communicating corridors, closets and storage spaces.
Housing
inspector means the person
so designated by the city manager or any authorized representative of the
housing inspector, including the public works director, a representative of the
city health office or fire chief.
Infestation
means the presence, within or around a dwelling, of any insects, rodents or
other pests.
Multiple
dwelling means any
dwelling containing more than two dwelling units.
Occupant
means any person living, sleeping, cooking or eating in or having actual
possession of a dwelling unit or rooming unit.
Operator
means any person who has charge, care or control of a building or part thereof
in which dwelling units or rooming units are let.
Owner
means any person who, alone or jointly or severally with others, shall have
title to any dwelling or dwelling unit, with or without accompanying actual
possession thereof, which entitles him to the charge, care, control or right of
management of any dwelling or dwelling unit, either as owner or agent of the
owner or as executor, administrator, trustee or guardian of the estate of the
owner. All such persons shall be bound to comply with this article.
Plumbing
includes all of the following supplied facilities and equipment: water pipes,
garbage disposal units, waste pipes, water closets, sinks, installed
dishwashers, lavatories, bathtubs, showerbaths, installed clothes-washing
machines, catchbasins, drains, vents, and any other similar supplied fixtures,
together with all connections to water, sewer, or gas lines.
Refuse
means putrescible and nonputrescible solid wastes, including garbage, rubbish,
ashes, incinerator ash, incinerator residue, street cleanings, and market and
industrial wastes and including municipal treatment wastes which do not contain
free moisture.
Rooming
unit means any room or
group of rooms forming a single habitable unit or intended to be used for living
and sleeping, but not intended for cooking purposes.
Roominghouse
means any hotel, motel or dwelling or that part of any dwelling containing one
or more rooming units, in which space is let by the owner or operator to three
or more persons who are not husband or wife, son or daughter, mother or father,
or sister or brother of the owner or operator.
Supplied
means paid for, furnished or provided by or under the control of the owner or
operator.
Temporary
housing means any tent,
trailer or 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 utilities system on the same premises for more than 30 consecutive days.
(Code
1980, § 4.20, subd. 3)
Cross
references: Definitions
generally, § 1-2.
The
purpose of this article is to:
(1)
Establish minimum standards which shall govern the condition and
maintenance of dwellings and make dwellings safe, sanitary and fit for human
habitation;
(2)
Fix certain responsibilities and duties of owners and occupants of
dwellings;
(3)
Authorize the inspection of dwellings and the condemnation of dwellings
unfit for human habitation; and
(4)
Fix penalties for violations.
(Code
1980, § 4.20, subd. 1(A))
A
housing inspector, designated by the city manager, shall have the duty of
enforcing this article.
(Code
1980, § 4.20, subd. 1(B))
It
is unlawful for any person to refuse entrance or impede an inspector in the
performance of his duties, and all such inspectors shall have the right to
enter, examine and survey all dwellings and premises at all reasonable times to
make necessary repairs or alterations to effect compliance with this article.
(Code
1980, § 4.20, subd. 1(C))
If
the person served with notice under this article fails to comply with the notice
within a reasonable time, the city manager shall be authorized to employ the
necessary labor and materials to perform emergency repairs or any demolition to
the damaged building, dwelling or dwelling unit or portion thereof as may be
deemed necessary for the general public health and safety. The city shall cause
such expenses thus incurred in the repair or demolition of buildings or
dwellings to be a lien upon such real estate. The city clerk shall certify to
the county auditor a statement of the amount of the cost incurred by the city.
Such amount together with interest shall be entered as a special assessment
against such lot or parcel of land and shall be collected in the same manner as
real estate taxes.
(Code
1980, § 4.20, subd. 1(D))
(a)
Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this article may request and shall be
granted a hearing on the matter before the board of zoning appeals. This hearing
and appeals therefrom and actions thereon shall be held and conducted according
to provisions governing the board of zoning appeals. Any order of the housing
inspection shall be stayed pending disposition of the appeal.
(b)
Upon application, the board of zoning appeals shall hear appeals from and
review any order of requirements or determination made by the housing inspector
and shall determine whether there are practical difficulties or unnecessary
hardships in the way of carrying out the strict letter of this article. The
board may recommend that the council vary or modify any of the provisions
relating to minimum housing standards, in a given instance on a temporary basis,
so that substantial justice may be done and the intent of this article carried
out. No variance shall be granted for a period to exceed two years.
(Code
1980, § 4.20, subd. 2)
(a)
Defects for determination. Any building, dwelling or dwelling unit
which shall be found to have any of the defects stated in this subsection shall
be condemned as unfit for human habitation and shall be do designated and
placarded. All inmates and occupants shall be required to vacate the building,
dwelling or dwelling unit, and safeguards shall be taken to prevent the public
from entering the building, dwelling or dwelling unit as ordered by the housing
inspector. An unfit building, dwelling or dwelling unit is one which:
(1)
Is so damaged, decayed, dilapidated, unsanitary, unsafe, vermin-infested
or so located that it creates a serious hazard to the health or safety of the
occupants.
(2)
Lacks illumination, ventilation, is structurally unstable, constitutes a
fire hazard, lacks exit and sanitation facilities adequate to protect the health
or safety of the occupants or of the public.
(b)
Notice of condemnation. Notice of an unfit building, dwelling or
dwelling unit shall be given as provided in section 34-30.
(c)
Vacation of premises. Any building, dwelling or dwelling unit
condemned as unfit for human habitation or which is structurally unsafe and so
designated and placarded by the housing inspector shall be vacated within a
reasonable time as ordered by the housing inspector.
(d)
Restoration. A building or structure or a portion thereof declared
unsafe by the housing inspector may be restored to a safe condition for
continued occupancy. However, if the damage or cost of reconstruction or
restoration is in excess of 50 percent of the county assessor's market value of
the structure on the premises, such building or structure, if reconstructed or
restored, shall be made to conform to all provisions of this Code regulating the
construction of the type of building to be rebuilt. The restriction on the cost
of restoration shall only apply to structural changes, wiring and plumbing and
shall not apply to fixtures and appurtenances to the basic structure.
(e)
Approval for use as human habitation. No dwelling or dwelling unit
which has been condemned and placarded as unfit for human habitation shall again
be used for human habitation until written approval is secured from and such
placard is removed by the housing inspector. The housing inspector shall remove
such placard whenever the defects upon which the condemnation and placarding
action were based have been eliminated. No other person shall deface or remove
the placard from any dwelling or dwelling unit.
(f)
Demolition. Any dwelling declared as unfit for human habitation
and which is not restored within a period of six months shall be considered a
nuisance and unsafe building and shall be removed as provided by this article or
chapter 18.
(Code
1980, § 4.20, subd. 9)
Secs.
34-33--34-55. Reserved.
(a)
Every owner of a dwelling containing two or more dwelling units shall be
responsible for maintaining in a clean and sanitary condition the shared or
public areas of the dwelling and premises thereof.
(b)
Every occupant of a dwelling or dwelling unit shall keep in a clean and
sanitary condition that part of the dwelling, dwelling unit and premises thereof
which he occupies and controls.
(c)
Every occupant of a dwelling or dwelling unit shall dispose of all his
rubbish in a clean and sanitary manner by placing it in the rubbish containers
required by subsection 34-57(5).
(d)
Every occupant of a dwelling or dwelling unit shall dispose of all his
garbage and any other organic waste, which might provide food for rodents, in a
clean and sanitary manner by placing it in the garbage disposal facilities or
garbage containers required by subsection 34-57(6). It shall be the
responsibility of the owner to supply such facilities or containers for all
dwelling units located on premises where more than four dwelling units share the
same premises. In all other cases it shall be the responsibility of the occupant
to furnish such facilities or containers.
(e)
Every occupant of a dwelling or dwelling unit shall be responsible for
hanging all screens and double or storm doors and windows wherever the screens,
doors and windows are required under the provisions of this article or of any
rule or regulation adopted pursuant to this article, except where the owner has
agreed to supply such service.
(f)
Every occupant of a dwelling containing a single dwelling unit shall be
responsible for the extermination of any insects, rodents or other pests therein
or 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. However,
whenever infestation is caused by failure of the owner to maintain a dwelling in
a ratproof or reasonably insectproof 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 shall be the responsibility
of the owner.
(g)
Every occupant of a dwelling unit shall keep all plumbing fixtures in the
dwelling unit in a clean and sanitary condition and shall be responsible for the
exercise of reasonable care in the proper use and operation thereof.
(Code
1980, § 4.20, subd. 8)
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, sleeping,
cooking or eating therein, which does not comply with the following:
(1)
Every dwelling unit shall contain a kitchen sink in good working
condition and properly connected to a water and sewer system.
(2)
Every dwelling unit shall contain a room which affords privacy to a
person within the room and which is equipped with a flush water closet and a
lavatory basin in good working condition and properly connected to a water and
sewer system.
(3)
Every dwelling unit shall contain, within a room which affords privacy to
a person within the room, a bathtub or shower in good working condition and
properly connected to a water and sewer system.
(4)
Every kitchen sink, lavatory basin and bathtub or shower required under
this article shall be properly connected with hot and cold water lines.
(5)
Every dwelling unit shall be supplied with adequate refuse containers
with provision for adequate pickup and disposal.
(6)
Every dwelling unit shall have adequate garbage disposal facilities or
garbage containers, with provision for adequate pickup and disposal.
(7)
Every dwelling shall have supplied water heating facilities which are
properly installed, which are maintained in safe and good working condition,
which are properly connected with plumbing fixtures and which are capable of
heating water to a temperature to permit an adequate amount of water to be drawn
at every required kitchen sink, lavatory basin, bathtub or shower at a
temperature of not less than 120 degrees Fahrenheit. Such supplied water heating
facilities shall be capable of meeting the requirements of this subsection where
the dwelling or dwelling unit heating facilities are not in operation.
(8)
Every dwelling unit shall have safe, unobstructed means of egress leading
to safe and open space at ground level.
(9)
No variance from the requirements of this section shall be granted to any
person who lets dwellings or dwelling units for occupancy except in extreme
cases of emergency.
(Code
1980, § 4.20, subd. 4)
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:
(1)
Every habitable room shall have at least one window or skylight facing
directly to the outdoors. The minimum total window area, measured between stops,
for every habitable room shall be eight percent of the floor area of such room.
Whenever walls or other portions of structures face a window of any such room
and such light-obstructing structures are located less than three feet from the
window and extend to a level above that of the ceiling of the room, such a
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. Whenever the
only window in a room is a skylight-type window in the top of such room, the
total window area of such skylight shall equal at least 15 percent of the total
floor area of such room.
(2)
Every habitable room shall have at least one window or skylight which can
easily be opened or such other device as will adequately ventilate the room. The
total of openable window area in every room shall be equal to at least 45
percent of the minimum window area size or minimum skylight-type window size,
except where there is supplied some mechanical device affording adequate
ventilation and approved by the housing inspector.
(3)
Every bathroom and water closet compartment shall comply with the light
and ventilation requirement for habitable rooms contained in subsections (1) and
(2) of this section, except that no window or skylight shall be required in an
adequately ventilated bathroom and a water closet compartment equipped with a
ventilation system which is approved by the housing inspector.
(4)
Where there is electric service available from power lines which are not
more than 300 feet away from a dwelling, every habitable room of such dwelling
shall contain at least two separate floor- or wall-type electric convenience
outlets or one such convenience outlet and one supplied ceiling-type electric
light fixture; and every water closet compartment, bathroom, laundry room,
furnace room and public hall shall contain at least one supplied ceiling- or
wall-type electric light fixture. Every such outlet and fixture shall be
properly installed, shall be maintained in good and safe working condition and
shall be connected to the source of electric power in a safe manner. Plug fuses
of the Edison-base type shall be used only for replacements in existing
installations where there is no evidence of overfusing or tampering.
(5)
Every dwelling shall have heating facilities which are properly
installed; 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
70 degrees Fahrenheit at a distance three feet above floor level when the
outside temperature is 20 degrees Fahrenheit below zero.
(6)
Every public hall and stairway in every multiple dwelling containing five
or more dwelling units shall be adequately lighted at all times. Every public
hall and stairway in structures containing not more than four dwelling units may
be supplied with conveniently located light switches controlling an adequate
lighting system which may turned on when needed, instead of full-time lighting.
(7)
During the portion of each year when the housing inspector deems it
necessary for protection against mosquitoes, flies and other insects, every door
opening directly from a dwelling unit to outdoor space shall have supplied
screens and a 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. However, such screens shall not be required
during such period in rooms deemed by the housing inspector to be located high
enough in the upper stories of buildings as to be free from such insects and in
rooms located in areas of the city which are deemed by the housing inspector to
have so few such insects as to render screens unnecessary.
(8)
Every basement or cellar window used or intended to be used for
ventilation and every other opening to a basement which might provide an entry
for rodents shall be supplied with a screen or such other device as will
effectively prevent their entrance.
(Code
1980, § 4.20, subd. 5)
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:
(1)
Every foundation, floor, wall, ceiling and roof shall be reasonably
weathertight, watertight and rodentproof; shall be capable of affording privacy;
and shall be kept in good repair. All exterior wood or other material which is
susceptible to deterioration by the action of weather must be protected by paint
or a similar protective seal unless woods of natural resistance to decay or
treated lumber are used. Those areas where the paint is extensively bubbled,
cracked or peeled must be scraped and repainted. Woods of natural resistance to
decay or treated lumber, if previously painted, must be refinished if the paint
is bubbled, cracked or peeling. All interior walls and the ceiling finish must
be in good condition.
(2)
Every window, exterior door and basement hatchway shall be reasonably
weathertight, watertight and rodentproof and shall be kept in sound working
condition and good repair.
(3)
Every inside and outside stair, every porch and every appurtenance
thereto shall be so constructed as to be safe to use and capable of supporting
the load that normal use may cause to be placed thereon and shall be kept in
sound condition and good repair.
(4)
Every plumbing fixture and water and waste pipe shall be properly
installed and maintained in good sanitary working condition, free from defects,
leaks and obstructions.
(5)
Every water closet compartment floor surface and bathroom 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.
(6)
Every supplied facility, piece of equipment or utility which is required
under this article shall be so constructed or installed that it will function
safely and effectively and shall be maintained in satisfactory working
condition.
(7)
No owner, operator or occupant shall cause any service, facility,
equipment or utility which is required under this article to be removed from or
shut off from or discontinued for any occupied dwelling 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 necessary.
(8)
No owner shall occupy or let to any other occupant any vacant dwelling
unit unless it is clean, sanitary and fit for human occupancy.
(Code
1980, § 4.20, subd. 6)
It
is unlawful for any person to occupy or let to another for occupancy any
dwelling or dwelling unit for the purpose of living therein which does not
comply with the following:
(1)
Every dwelling unit shall contain at least 150 square feet of floor space
for the first occupant thereof and at least 100 additional square feet of floor
space for every additional occupant thereof, the floor space to be calculated on
the basis of total habitable room area.
(2)
In every dwelling unit of two or more rooms, every room occupied for
adult sleeping purposes by one occupant shall contain at least 70 square feet of
floor space, and every room occupied for sleeping purposes by more than one
adult occupant shall contain at least 45 square feet of floor space for each
occupant thereof. In dwelling units of two or more rooms, every room occupied
for sleeping purposes by more than one occupant under ten years of age shall
contain at least 35 square feet of floor space for each occupant thereof.
(3)
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 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. However, single-family dwellings may be exempted from this
requirement.
(4)
At least one-third of the floor area of every habitable room shall have a
ceiling height of at least seven feet, and the floor area of that part of any
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 thereof.
(5)
No cellar space shall be used as a habitable room or dwelling unit. In
single-family residences, a bedroom will be allowed in the cellar when it meets
the following requirements:
a.
The floors and walls are impervious to leakage of underground and surface
runoff water and are insulated against dampness.
b.
The total window area in the bedroom is equal to at least the minimum
window area sizes as required in section 34-58.
c.
Such required minimum window area will be in conformance with the
schematic of such area, which is on file and available in the city offices.
d.
The total of openable window area in each room is equal to at least the
minimum as required under the schematic of such area, which is on file and
available in the city offices.
e.
All levels of smoke detection, as outlined in NFPA 101, is achieved plus
an additional smoke detector placed in the cellar bedroom.
f.
The bedroom will be separated from the rest of the basement by walls
constructed of not less than one-half-inch gypsum wall board on both sides of a
two-by-four stud wall, with a door assembly with a 1 3/8-inch solid core bonded
wood door.
(6)
No basement space shall be used as a habitable room or dwelling unit
unless:
a.
The floor and walls are impervious to leakage of underground and surface
runoff water and are insulated against dampness;
b.
The total of window area in each room is equal to at least the minimum
window area sizes as required in subsection 34-58(1);
c.
Such required minimum window area is located entirely above the grade of
the ground adjoining such window area; and
d.
The total of openable window area in each room is equal to at least the
minimum as required under subsection 34-58(2), except where there is supplied
some other device affording adequate ventilation and approved by the housing
inspector.
(Code
1980, § 4.20, subd. 7)