HomeMy WebLinkAboutOrdinance - 23-92 - Amending City Code Chapter 9 RE: Rental Housing Code - 06/02/1992 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 23-92
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MQNNESOTA,AMENDING CITY
CODE CHAPTER 9 ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES"
BY ADDING SECTION 9.11 RELATING TO RENTAL HOUSING, AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH,AMONG OTHER
THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. Eden Prairie City Code Chapter 9 is amended by adding Section 9.11
to read as follows:
"SECTION 9.11. RENTAL HOUSING.
Subd. 1. Purpose. The purpose of this section is to provide minimum standards to safeguard life or limb,health,
property and public welfare by regulating and controlling the use and occupancy, construction and maintenance of
all residential rental buildings and structures within the City. The provisions contained herein are in addition to
other applicable provisions of the City Code and not in lieu thereof. Any provisions contained herein which are
inconsistent or in conflict with any other provision of the City Code shall supersede such other provisions.
Subd. 2. Scope. The provisions of this Section shall apply to all rental buildings. Where any building or portion
thereof is used or intended to be used as a combination apartment house-hotel, the provisions of this Section shall
apply to the separate portions as if they were separate buildings.
Subd. 3. Enforcement.
A. Authority. The building official is hereby authorized and directed to enforce all of the provisions of this
section.
B. Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this Section,
or whenever the building official or an authorized representative has reasonable cause to believe that there
exists in any building or upon any premises any condition or code violation which makes such building or
premises unsafe, dangerous or hazardous, the building official or an authorized representative may enter
such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon
the building official by this Section. If such building or premises is occupied, the building official or
representative shall first present proper credentials and request entry; if such building or premises is
unoccupied,a reasonable effort shall be made to locate the owner or other persons having charge or control
of the building or premises and request entry. If such entry is refused, the building official or
representative shall have recourse to every remedy provided by law to secure entry.
C. Substandard Buildings. All rental buildings or portions thereof which are determined to be substandard
as defined in this Section constitute a violation of this Section and shall be abated by repair, rehabilitation,
demolition or removal in accordance with the procedures specified in Subdivision 10 of this Section.
D. Modifications. Whenever there are practical difficulties involved in carrying out the provision of this
Section, the building official may grant modifications for individual cases, provided that the modification
is in conformity with the intent and purpose of this Section and that such modification does not reduce the
level of any fire-protection requirements or structural integrity. The details of any action granting
modifications shall be recorded and entered in the files of the building official.
E. Building Code Board of Appeals. Appeals of orders, decisions or determinations made by the building
official relative to the application and interpretation of this Section shall be heard and decided by the
Building Code Board of Appeals. The procedures for review or appeal shall be those set forth in
Subdivision 11 of this Section.
F. Violations. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter,
repair,move,improve,remove,convert or demolish,equip,rent or let to another,use,occupy or maintain
any building or structure or cause or permit the same to be done in violation of this Section.
Subd. 4. Definitions. For the purpose of this Section, certain terms, phrases, words and their derivatives shall
be construed as specified in either this section or as specified in the Uniform Building Code.
A. "Apartment house"is any rental building which is intended or designed to be occupied or which is occupied
as the home or residence of three(3)or more families living independently in separate dwelling units and
doing their own cooking in the rental building.
B. "Building Code" is the Minnesota State Building Code adopted by the City.
C. "Dwelling" is any rental building which is not an apartment house, lodging house or a hotel and which
contains one or more dwelling units.
D. "Dwelling unit" is a single unit situated within a rental building providing complete, independent living
facilities for one(1)or more persons including permanent provisions for living,sleeping, eating, cooking
and sanitation.
E. "Efficiency dwelling unit" is a dwelling unit containing only one (1) habitable room and meeting the
requirements of Section 1208 of the Building Code.
F. "Family" is an individual or two (2) or more persons related by blood, marriage or adoption, including
foster children and bona fide domestic servants employed on a full-time basis.
G. "Guest room" is a habitable space in a hotel or lodging house designed or intended to be used or occupied
or which is used for sleeping purposes by guests.
H. "Habitable space" is a space or room in a rental building for living, sleeping, eating or cooking.
Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, are not
considered habitable space.
I. "Hotel" is any rental building or portion thereof containing six (6) or more guest rooms.
J. "Hot water" is water supplied to plumbing fixtures at a temperature of not less than 110 degrees F.
K. "Lodging house" is any rental building containing not more than five(5)guest rooms.
L. "Rental building"is any building or structure or portion thereof used, designed, or intended to be used for
human habitation and for which use the owner receives, is entitled to receive or will receive consideration
in the form of money, goods, labor, or otherwise. Consideration does not include compensation received
by a family member from another family member living in the same dwelling unit.
Subd. 5. Owner and Occupant Responsibilities.
A. Owner.
1. Owners of rental buildings shall construct and maintain said buildings in accordance with the
requirements of this Section.
2. No persons shall willfully or wantonly damage, mutilate or deface any exterior surface of any
rental building by placing thereon any marking, carving, or graffiti. It shall be the responsibility
of the owner to restore said surface to an approved professional state of maintenance and repair.
3. No person shall let to another for occupancy any rental building or dwelling unit which does not
comply with the applicable fire prevention provisions.
B. Occupants.
1. Each occupant of a rental building shall keep in a clean and sanitary condition that part of the
dwelling unit and premises thereof which that person occupies or controls.
2. Every occupant of a rental building shall dispose of garbage and rubbish in a clean and sanitary
manner by placing it in the disposal facilities.
3. No person shall occupy any rental building or dwelling unit which does not comply with the
applicable fire prevention provisions.
Subd. 6. Space and Occupancy Standards.
A. Light and Ventilation.
1. Each habitable space in a rental building shall be provided with:
a. Natural light by means of exterior glazed openings with an area not less than one-tenth
of the floor area of such rooms with a minimum of ten(10) square feet, and
b. Natural ventilation by means of openable exterior openings with an area of not less than
one-twentieth of the floor area of such rooms with a minimum of five(5) square feet.
2. Bathrooms,water closet compartments, laundry rooms and similar rooms within a rental building
shall be provided with natural ventilation by means of openable exterior openings having an area
not less than one-twentieth of the floor area of such rooms with a minimum of 1-1/2 square feet.
3. Exterior glazed openings required for natural light and exterior openings required for ventilation
shall open directly to the outside. Windows may open into a roofed porch where the porch:
a. Abuts a street, yard, or court; and
b. Has a ceiling height of not less than seven (7) feet; and
C. Has the longer side at least sixty-five percent(65%) open and unobstructed.
4. For the purpose of determining light and ventilation requirements, any habitable space may be
considered as a portion of an adjoining habitable space when one-half of the area of the common
wall is open and unobstructed and provides an opening of not less than one-tenth of the floor area
of the interior room or twenty-five(25) square feet, whichever is greater.
5. Mechanical Ventilation. In lieu of exterior openings for natural ventilation, a mechanical
ventilation system connected directly to the outside maybe provided.
a. Such system shall be capable of providing two (2) air changes per hour for each room
in habitable space. One-fifth of the air supply shall be taken from the outside.
b. In bathrooms,water closet compartments, laundry rooms and similar rooms a mechanical
ventilation system capable of providing five(5)air changes per hour shall be provided.
B. Sanitation.
1. Dwelling Units and Lodging Houses. Every dwelling unit and every lodging house shall be
provided with a bathroom equipped with facilities consisting of a water closet,lavatory,and either
a bathtub or shower.
2. Hotels. Where private water closets, lavatories and baths are not provided in a hotel,there shall
be provided on each floor for each sex at least one(1)water closet and lavatory and one(1)bath
accessible from a public hallway. Additional water closets,lavatories and baths shall be provided
on each floor for each sex at the rate of one(1)for every additional ten(10)guests, or fractional
number thereof in excess of ten (10). Such facilities shall be clearly marked for "Men" or
"Women."
3. Kitchen. Each dwelling unit shall be provided with a kitchen. Every kitchen shall be provided
with a kitchen sink.Wooden sinks or sinks of similarly absorbent material shall not be permitted.
4. Fixtures. All plumbing fixtures in rental buildings shall be connected to a sanitary sewer or to
an approved private sewage disposal system. Said plumbing fixtures shall be connected to an
approved system of water supply and provided with hot and cold running water necessary for its
normal operation. Said plumbing fixtures shall be of an approved glazed earthenware type or of
a similarly nonabsorbent material.
5. Room Separations. Every water closet, bathtub or shower required by this section shall be
installed in a room which will afford privacy to the occupant. A room in which a water closet
is located shall be separated from food preparation or storage rooms by a tight-fitting door.
Subd. 7. Mechanical Requirements.
A. Heating. Each rental building shall be provided with heating facilities capable of maintaining a room
temperature of seventy degrees F. in each habitable space at a point three(3) feet above the floor. Said
facilities shall be installed and maintained in a functional and safe condition.
B. Electrical. Where there is electrical power available within three hundred(300)feet of any rental building,
said rental building shall be connected to such electrical power. Every habitable room shall contain at least
two(2)electrical convenience outlets or one(1)convenience outlet and one(1)electric light fixture. Every
water closet compartment,bathroom,laundry room, furnace room and public hallway shall contain at least
one(1) electric light fixture.
C. Ventilation. Where mechanical ventilation is provided in lieu of the natural ventilation required by
Subdivision 5 of this Section, such mechanical ventilating system shall be maintained in operation during
the occupancy of any rental building or portion thereof. Ventilation systems in parking garages under
apartments shall be installed in conformance with the Building Code and maintained and operated as
installed. The entire ventilation system must be maintained in proper working order at all times.
Subd. 8. Exits. Every dwelling unit or guest room shall have access directly to the outside or to a public
corridor. Every guest room and habitable space intended for use as or used for sleeping shall have at least one(1)
operable window or exterior door approved for emergency escape or rescue. Such doors or windows shall be
operable from the inside to provide a full, clear opening without the use of separate tools.
Subd. 9. Substandard Buildings.
A. General. Any rental building or portion thereof,including any dwelling unit,guest room or suite of rooms,
or the premises on which the same is located, in which there exists any of the following listed conditions
to an extent that endangers the life,limb,health,property, safety or welfare of the public or the occupants
thereof shall be deemed and hereby is declared to be a substandard rental building in violation of this
Section.
B. Inadequate Light and Ventilation. Inadequate light and ventilation shall include but not be limited to the
following:
1. Lack of, or improper operation of required ventilating equipment in a rental building.
2. Lack of minimum amounts of natural light and ventilation required by this section.
3. Lack of required electrical lighting in a rental building.
• C. Inadequate Sanitation. Inadequate sanitation shall include but not be limited to the following:
1. Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodging
house.
2. Lack of, or improper water closets, lavatories and bathtubs or showers per number of guests in
a hotel.
3. Lack of, or improper kitchen sink in a dwelling unit.
4. Lack of hot and cold running water to plumbing fixtures in a hotel.
S. Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house.
6. Lack of adequate heating facilities in a rental building.
7. Dampness of habitable space.
8. Infestation of insects, vermin or rodents.
9. General dilapidation or improper maintenance of a rental building.
10. Lack of connection to required sewage disposal system.
11. Lack of adequate garbage and rubbish storage and removal facilities as determined by the building
official.
D. Structural Hazards. Structural hazards shall include but not be limited to the following:
1. Deteriorated or inadequate foundations.
2. Defective or deteriorated flooring or floor supports.
3. Flooring or floor supports of insufficient size to carry imposed loads with safety.
4. Members of walls, partitions or other vertical supports that split, lean, list or buckle due to
defective material or deterioration.
S. Members of walls, partitions or other vertical supports that are of insufficient size to carry
imposed loads with safety.
6. Members of ceilings,roofs,ceiling and roof supports or other horizontal members which sag,split
or buckle due to defective material or deterioration.
7. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of
insufficient size to carry imposed loads with safety.
8. Fireplaces or chimneys which list, bulge or settle, due to defective material or deterioration.
9. Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with
safety.
E. Hazardous Electrical Wiring. Electrical wiring hazards shall include but not be limited to the following:
Electrical wiring which was installed in violation of laws in effect at the time of installation or electrical
wiring not installed in accordance with generally accepted construction practices in areas where no laws
were in effect or which has not been maintained in good condition or which is not being used in a safe
manner.
F. Hazardous Plumbing. Plumbing which was installed in violation of laws in effect at the time of installation
or plumbing not installed in accordance with generally accepted construction practices in areas where no
laws were in effect or which has not been maintained in good condition or which is not free of cross-
connections or siphonage between fixtures.
G. Hazardous Mechanical Equipment. Mechanical equipment which does not comply with the mechanical
requirements of this Section and which was installed in violation of laws in effect at the time of installation
or mechanical equipment not installed in accordance with generally accepted construction practices in areas
where no laws were in effect or which has not been maintained in good and safe condition.
H. Faulty Weather Protection, which shall include but not be limited to the following:
1. Deteriorated, crumbling or loose plaster.
2. Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including
broken windows or doors.
3. Defective or insufficient weather protection for exterior wall coverings, including lack of paint,
or weathering due to lack of paint or other approved protective covering.
4. Broken, rotted, split or buckled exterior wall coverings or roof coverings.
I. Faulty Materials of Construction. All materials of construction except those which are specifically allowed
or approved under the applicable laws and which have been adequately maintained in good and safe
condition.
J. Hazardous or Unsanitary Premises. Premises on which an accumulation of weeds, vegetation,junk,dead
organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar
materials or other conditions exist.
K. Improper Occupancy. All buildings or portions thereof occupied for living, sleeping, cooking or dining
purposes which were not designed or intended to be used for such occupancies.
Subd. 10. Notices and Orders of Building Official.
A. Notice. Whenever the building official determines that a rental building is a substandard building,or that
any other violation exists under this Section,or that there are reasonable grounds to believe that a violation
exists, notice shall be given to the person or persons responsible therefore. Such notice shall:
1. Be in writing. 40
2. Include a description of the real estate sufficient for identification.
3. Describe the conditions found to constitute the violation.
4. Specify the remedial action required.
5. Require that any permits necessary to effectuate remedial action be secured and the work
physically commenced within twenty (20) days and completed within such time as the building
official shall determine is reasonable under the circumstances.
6. State that a motion for summary enforcement of the order will be made to the District Court
unless, within twenty(20)days,work is physically commenced or an answer is filed as provided
for in Minnesota Statutes, 1990, Section 463.18.
B. Emergency Orders. Whenever the building official finds that an emergency exists in relation to the
enforcement of the provisions of this Section which requires immediate action to protect the health, safety
or welfare of occupants of any rental building, the building official may issue an order reciting the
existence of such emergency and requiring that such action be taken as deemed necessary to meet the
emergency, notwithstanding any other provision of this Section. When any such emergency shall be
declared to exist the building official immediately shall report the same in writing to the city council.
Every notice of emergency shall include the following language:
"If you do not comply with this Order by the above date, the City may remedy the
violation and assess the costs to you or allow the occupants to make the repairs and
deduct the expense from the occupant's rent."
Subd. 11. Appeal.
A. Right to Appeal. Any person entitled to service under this Section may appeal from any notice and order
served by the building official. The appeal shall constitute an answer to the notice and order as provided
for in Minnesota Statutes, 1990, Section 463.18.
B. Procedure. Appeal shall be made to the building official within fifteen(15)days after the notice and order
is served. The appeal shall be made in writing and contain a brief statement of the relief sought and the
reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside.
C. Scheduling and Noticing Appeal for Hearing. As soon as practicable after receiving the written appeal,
the building official shall fix a date, time and place for hearing of the appeal by the Building Code Board
of Appeals. Written notice of the time and place of the hearing shall be given at least ten(10)days prior
to the date of the hearing to each appellant by the Board either by causing a copy of such notice to be
delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the
appellant at his address shown on the appeal.
D. Effect of Failure to Appeal. Failure of any person to file an appeal in accordance with the provisions of
this Section shall constitute a waiver of the right to an administrative hearing and administrative
adjudication of the notice and order or to any portion thereof.
Subd. 12. Enforcement of the Order of the Building Official or the Building Code Board of Appeals.
A. Compliance. After any order of the building official or Building Code Board of Appeals made pursuant
to this Section shall have become final, no person to whom any such order is directed shall fail, neglect,
or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of
a misdemeanor.
B. Failure to Obey Order. If,after any order of the building official or Building Code Board of Appeals made
pursuant to this Section has become final, the person to whom such order is directed shall fail,neglect or
refuse to obey such order, the building official may '(1) cause such person to be prosecuted under
subsection 1 of this subdivision or(2) commence an appropriate action in District Court."
Section 2. City Code Chapter 1, entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and Section 9.99, entitled
"Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though
repeated verbatim herein.
Section 3. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on
June 2 19 9? and finally read and adopted and ordered published at a regular
meeting of the City Council of said City on the 16 day of June , 1992.
ouglas B. Tenpas, Mayor
ATTEST:
��J,.e,—
Joh e, City Clerk
PUBLISHED in the Eden Prairie News on the 25th day of June, 1992
Amending Chapter 9 City Code
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 23-92
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CHAP i'F;R 9
REGARDING A RENTAL HOUSING CODE AND ADOPTING BY REFRERENCE CITY CODE
CHAPTER I AND SECTION 9.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance amends Chapter 9 of the City Code by adding a section relating to rental
housing.
Effective Date: This Ordinance shall take effect the day after publication.
WTTEST:
/s/ John D. Frane /s/Douglas B. Tenpas
City Clerk Mayor
PUBLISHED in the Eden Prairie News on the 25th day of June 71992.
(A full copy of the text of this Ordinance is available from City Clerk.)
0
Affidavit of Publication
Southwest Suburban Publishing
Amending Chapter 9 City Code
CITY OF EDEN PRAIRIE
IIE ORDINAPIN NCOUNTY,O.23-92 ISOTA State of Minnesota )
AN ORDINANCE OF THE CITY OF
EDEN PRAIRIE,MINNESOTA, )SS.
AMENDING CHAPTER County of Hennepin )
REGARDING A RENTAL HOUSING
CODE AND ADOPTING BY Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of the
REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99,WHICH, newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated as follows:
AMONG OTHER THINGS, A This newspaper has coin lied with the requirements constituting ualification as a legal newspaper,
CONTAIN PENALTY PROVISIONS ( ) P ,3 g 9 a
THE C[I'Y COUNCIL OF THE CITY as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended.p
OF EDEN PRAIRIE, MINNESOTA, (B)The printed public notice that is attached to this Affidavit and identified as No.67 9" / ,was
ORDAINS: published on the date or dates and in the newspaper stated in the attached Notice,and said Notice is
Summary' This ordinance amends hereby incorporated as part of this affidavit. Said notice was cut from the columns of the newspaper
Chapter 9 of the City Code by adding a specified.Printed below is a copy of the lower case alphabet from A to Z,both inclusive,and is hereby
section relating to rental housing. acknowledged as being the kind and size of type used in the compos"" and publication of the Notice: •
Effective Date:This Ordinance shall
take effect the day after publication. abcdefghijklmnopgrstuv� z
ATTEST:
/s/John D.Frane
City Clerk
/s/Douglas B.Tenpas
Mayor By:
(A full copy of the text of this Ordinance Stan Rolfsrud,General Dlanager
is available from City Clerk.)
(Published in the Eden Prairie News Subscribed and sworn before me on
ursday,June 25,1992;No.6499)
this�day of ,1992
4otaryvPublic
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space ........ $13.50 per column inch
Maximum rate allowed by law for the above matter....................................$13.50 per column inch
Rate actually charged for the above matter....................................................$6.13 per column inch