Ch11.§4-18 · City of Nowthen public records

### A. General Provisions: 1\. Title: This Section shall be known as the Nowthen Residential Housing Maintenance Standards Section and will be hereinafter referred to as "this section." 2\. Scope: All provisions of this section shall apply to all residential properties and structures, occupied or unoccupied, within the City, and shall constitute the minimum standards for safe and sanitary occupancy and maintenance thereof. 3\. Purpose. a. The purpose of this section is to maintain the City's sanitation, public health, safety, morals, and general welfare and attractiveness, by legislation which shall be systematically enforced upon all residential   property to avoid excessive or disproportionate expenditures of public funds for public health and safety, crime prevention, fire protection, and other public services. The City Council finds that the following objectives, among others, are important in achieving the goal of maintaining a safe and healthy community: (1) To protect the character and stability of residential areas within the City; (2) To correct and prevent conditions that adversely affect or are likely to adversely affect the life, safety, general welfare, and health, including the physical, mental and social well being, of persons owning or renting residential facilities within the City; (3) To provide for the sound standards and maintenance of cooking, heating, sanitary, electrical, light, and ventilation systems necessary for health and safety; (4) To prevent the overcrowding of dwellings by providing minimum space standards per occupant for each dwelling unit; (5) To provide minimum standards for the maintenance of existing residential structures to prevent deterioration and blight; (6) To preserve the value of land and structures throughout the City. (7) With respect to rental disputes, and except as otherwise specifically provided by the terms of this Section, it is not the intention of the City Council to intrude upon the fair and accepted contractual relationship between tenant and landlord. The City Council does not intend to intervene as an advocate of either party, nor to act as arbiter, nor to be receptive to complaints from tenant or landlord which are not specifically and clearly relevant to the provisions of this Section. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of city government. Neither, in enacting this Section, is it the intention of the city council to interfere or permit interference with legal rights to personal privacy. b. Every building, as well as its premises, and all occupied premises within the City shall conform to the requirements of this Section,   irrespective of when such building may have been constructed, altered or repaired. 4\. Definitions: For the purposes of this Section, only the following definitions shall apply. Whenever the words "dwelling", "dwelling unit", "premises", "building" or "structure" are used in this Section, they shall be construed as though they were followed by the words "or any part thereof." Accessory Structure: A structure subordinate to the main or principal building which is not used or authorized to be used for living or sleeping by human occupants and which is located on the premises. Approved: Approved as to construction, installation, and maintenance in accordance with applicable statutes of the State and the provisions of the City ordinances. Basement: That portion of a building between floor and ceiling, which is partly below grade but so located that the vertical distance from grade to floor below, is more than the vertical distance from grade to ceiling. Bath: Bath shall mean a bathtub or shower stall. Bedroom: A habitable room within a dwelling unit which is used or intended to be used primarily for the purpose of sleeping, but shall not include any kitchen or dining area. Building: Any structure having a roof built for the shelter or enclosure of persons, animals, or other items. City: City of Nowthen, Anoka County, Minnesota. City Council: The City Council of the City of Nowthen, Anoka County, Minnesota. Clean: The absence of rubbish, garbage, vermin, and other unsightly, offensive, or extraneous matter. Compliance Official: The Nowthen Building/Zoning Official and/or designated agents authorized to administer and enforce this Section. Dwelling: Any building, or portion thereof, that contains one or more dwelling units used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied for living purposes including one-family dwellings, two family dwellings and multiple family dwellings, but not including hotels or motels.   Dwelling Unit: A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. Where a private garage is structurally attached, it shall be considered as part of the building in which the dwelling unit is located. Easily Cleanable: Readily accessible and of such material and finish and so fabricated and placed that residue which may accumulate can be completely removed by normal cleaning methods. Egress Window: A window which is sized and constructed so as to provide an emergency means of exit from a sleeping room or basement, and which complies with the Sate Building Code. Exit: A continuous and unobstructed means of egress to a public or private way and shall include intervening doors, doorways, corridors, ramps, stairways, smoke proof enclosures, horizontal exits, exit passageways, exit courts and yards. Family: a. An individual, or group of persons related by blood, marriage, or adoption, including foster children, living together as a single housekeeping unit; b. Residents of a State licensed community residential facility as defined and authorized by State law. Functioning: In such physical condition as to safely perform the service or services for which an item is designed or intended. Garbage: Includes all putrescent animal, vegetable, or other matter that attends the handling, preparation, cooking, consumption, display, dealing in or storage of food, including the cans, containers or wrappers wasted along with such materials. Habitable Building: Any building or part thereof that meets minimum standards for use as a dwelling or place of abode by one or more persons. Habitable Room: 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, unfinished basements (those without required ventilation, required electrical outlets and required exit facilities), pantries, utility rooms, foyers, communicating corridors, stairways, closets, storage spaces, workshops, hobby and recreation areas.   Heated Water: Water heated to a temperature of not less than 120 degrees Fahrenheit, or such lesser temperature as may be required from time to time by governmental authority, measured at the faucet outlet. Infestation: The presence within or around a dwelling of any insect, rodent, or other pests. IBC: International Building Code IRC: International Residential Code Kitchen: A habitable room intended to be used for the cooking of food or the preparation of meals, which includes a sink with adequate water, counter working space, and adequate space for cooking and refrigeration equipment. Maintenance: To keep in a good state of repair; to preserve from deterioration. Noncombustible: Any material or combination of materials which will not ignite or support combustion during a five (5) minute exposure (refer to State Building and Fire Codes) NFPA: National Fire Protection Association. Occupancy: The purpose for which a building, or part thereof, is used or intended to be used. Occupant: Any person residing in a structure, building, dwelling, dwelling unit, rooming unit, or premises, or any part thereof. Operator: The owners or their agents who have charge, care, control, or management of a building or part thereof. Owner: Any person, group, partnership, corporation, or other entity, alone, jointly or severally with others, who shall have a legal or equitable interest in the property and/or be in actual possession of, or have charge, care or control of, any building or a portion thereof within the City as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder. Any such person representing the actual owner shall be bound to comply with the provisions of this Section to the same extent as the owner. Permissible Occupant Load: The maximum number of individuals permitted to occupy a building or space within a building.   Person: An individual, firm, partnership, association, corporation, or joint venture or organization of any kind. Pests: Rodents, insects, at any stage of development, and other destructive or offensive vermin including, but not limited to, rats, mice, flies, roaches, and fleas. Plumbing: All of the following supplied facilities and equipment in a building: Gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste drain & vent pipes, water closets, sinks, dishwashers, lavatories, bathtubs, shower baths, clothes washers, catch basins, and other similar fixtures and the installation thereof, together with all connections to water, sewer, and gas lines. Refuse: All solid waste products or those having the character of solids rather than liquids in that they will not flow readily without additional liquid and which are composed wholly or partly of such materials as garbage, swill, sweepings, cleanings, trash, rubbish, litter, industrial or domestic solid wastes, organic wastes or residue from animals sold as meat, fruit or other vegetable or animal matter from kitchen, dining room or any place dealing in or handling meat, fowl, fruit, grain or vegetables offal, animal excreta, or the carcass of animals; trees or shrub trimmings, or other waste matter resulting from the demolition, alteration, repair or construction of buildings or structures, accumulated waste materials, cans, containers, junk vehicles, ashes, tires, junk or other such substance which may become a nuisance. Rental Dwelling or Rental Dwelling Unit: A dwelling or dwelling unit let for rent or lease. Rental Facility: A residential building or development containing one or more units where the building and/or units are intended to be rented or let to tenants even if the owner occupies one or more of the units. Repair: To restore to a sound and acceptable state of operation, serviceability, or appearance in the determination of the Building Official. Residential Building: A structure containing one or more dwelling units. Rodent Harborage: Any place where rodents live, nest or seek shelter. Rooming Unit: Any room or group of rooms forming a single unit used or intended to be used for living and sleeping, but not for cooking and eating purposes. Rubbish: All solid waste consisting of both combustible and noncombustible waste including, but not limited to paper, cardboard, tin cans, grass and shrubbery clippings, wood, glass, brick, plaster, bedding, crockery, and similar materials.   Safety: The condition of being reasonably free from danger and hazards which may cause injury or disease. Sewer System: A functioning sewer connection free from defects, leaks or obstructions with sufficient capacity to drain all fixtures or appliances which feed into it. The sewer system, be it municipal or private, must be capable of disposing of sewage in a safe, sanitary, and adequate manner. Single-Family Dwelling: A residential structure containing one dwelling unit. State Building Code: The Minnesota State Building Code as adopted by the State of Minnesota, which includes the International Residential Code and the International Building Code, along with Minnesota amendments. Structure: That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which is permanently or temporarily supported on the ground. Substandard Dwelling: Any dwelling that does not conform to the minimum standards established by State or local laws and ordinances. Two-Family Dwelling: A residential structure containing two dwelling units having a single wall in common. Unsafe: As applied to a structure, a condition or combination of conditions which is dangerous or hazardous to persons or property. Unsanitary: As applied to a structure, conditions which are dangerous or hazardous to the health of persons. Water Closet: An enclosed room with a toilet, with a bowl and trap made in one piece, which is connected to an approved water supply and sewer system. Water Supply: A functioning plumbing connection free from defects, leaks or obstructions providing a potable, controllable flow of water. ### 5. Occupancy: a. No person shall occupy or permit another person to occupy any residential or non-residential structure, building, or premises, or any part thereof, unless the structure, building, or premises is clean, sanitary, conductive to a safe and healthy environment, and in   compliance with all applicable Federal, State, and local laws and ordinances. b. Residing in accessory structures, trailers, fish houses, tents, recreation vehicles, trucks, automobiles, or partially constructed or partially demolished buildings of any kind is prohibited. 6\. Administration: a. The Building Official shall administer and enforce the provisions of this Section and they are hereby authorized to cause inspections on a scheduled basis or when reason exists to believe that a violation of this Section has been or is being committed. b. When the Building Official determines a violation, the Building Official's written evaluation of the deficiencies shall be considered prima facie evidence in any subsequent litigation of a violation under this Section. C. If any owner, occupant, or other person in charge of a dwelling unit fails or refuses to permit free access and entry to the structure or premises under that person's control for an inspection pursuant to this Section, the Building Official may seek a court order authorizing such an inspection. B. General Regulations: 1\. Responsibility of Owners: The owner of a dwelling shall be responsible for the maintenance of that structure and for meeting the provisions of this Section. Those responsibilities may not be abrogated by a private agreement. 2\. Removal of Basic Equipment or Facilities: No owner, operator, or occupant shall cause any facility or equipment which is required under this Section to be removed from or shut off from any occupied building or dwelling unit except for such temporary interruptions as may be necessary while such repairs or alterations are in progress, or during temporary emergencies. C. Minimum Standards for Services and Utilities: No person shall occupy or permit another person to occupy, any dwelling or dwelling unit for the purpose of living, sleeping, cooking and eating therein which do not comply with the following requirements: 1\. Permissible Occupancy: Except for families as defined herein, the number of occupants of a rental dwelling unit shall not exceed two (2) times the   number of bedrooms in the dwelling unit. No more than one (1) family shall occupy a dwelling unit for more than sixty (60) days. 2\. Plumbing. All plumbing in every dwelling unit shall be properly installed and maintained in a sanitary, safe, and functioning condition and shall be connected to an approved sewer system. 3\. Toilet Facilities. Within every dwelling unit there shall be a non-habitable room that is equipped with a flush water closet in good working condition. Such flush water closet shall be equipped with easily cleanable surfaces, shall be properly connected to an approved water supply 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 an approved sewer system. 4\. Lavatory Sink. Within every dwelling unit there shall be a lavatory sink. Such lavatory sink may be in the same room as the flush water 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 the flush water closet is located. The lavatory sink shall be in good working condition and shall be properly connected to an approved water supply system and shall provide at all times an adequate amount of heated and unheated running water under pressure and shall be connected to an approved sewer system. 5\. Bathtub or Shower. Within every dwelling unit there shall be a non- habitable room, which is equipped with a bathtub or shower in good working condition. Such bathtub or shower may be in the same room as the flush water closet, or in another room, and shall be properly connected to an approved water supply system and shall provide at all times an adequate amount of heated and unheated running water under pressure and shall be connected to an approved sewer system. 6\. Bedrooms. All habitable rooms used for sleeping must have a minimum floor area of seventy (70) square feet, and must be provided with an emergency escape/rescue window which must meet the following requirements: a. The window must have a clear net opening area of five and seven- tenths (5.7) square feet; b. The minimum clear net open width of twenty (20) inches horizontally, and twenty-four (24) inches vertically; and, C. The sill must be not more than forty-four (44) inches above the floor.   7\. Access Through Bedrooms and Bathrooms. No dwelling unit containing two (2) or more bedrooms shall have a room arrangement such that access to a bathroom or water closet compartment intended for use by occupants of more than one (1) bedroom can be gained only by going through a bedroom, nor shall the room arrangement be such that access to a bedroom can be gained only by going through another bedroom. A bathroom or water closet compartment shall not be used as the only passageway to any habitable room, hall, basement or cellar or to the exterior of the dwelling unit. 8\. Heating. All dwelling units shall have heating facilities which are properly installed and which are maintained in safe and good working condition and which are capable of safely maintaining a minimum indoor temperature of 68 degrees Fahrenheit at an outside temperature of 20 degrees below zero Fahrenheit at 36 inches above the floor in all habitable rooms, bathrooms, and water closet compartments. Gas or electric appliances designed primarily for cooking or water heating purposes shall not be considered as heating facilities within the meaning of this Section. Portable heating equipment employing flame and the use of liquid fuel does not meet the requirements of this Section and is prohibited. No owner or occupant shall install, operate or use a heater employing a flame that is not vented outside the structure in an approved manner. Every fuel-burning heater shall be properly vented to a chimney or duct leading to outdoor space and have a fire-resistant panel or noncombustible floor beneath it. Every heater must be properly installed according to its listing, and in compliance with the State Building Code. 9\. Water Heating: Every dwelling unit shall have water heating facilities which are installed in an approved manner, are maintained and operated in a safe and good working condition, are properly connected to the plumbing system and are capable of allowing heated water to be drawn at every required fixture at a minimum temperature of one hundred twenty (120) degrees Fahrenheit. 10\. Electrical: Every dwelling unit and all public and common areas shall be supplied with electric service, functioning over-current protection devices, electric outlets, and electrical fixtures which are properly installed, which are maintained in safe and good working condition in compliance with the edition of the National Electrical Code in effect as of the date of construction or improvements thereto, and which are connected to a source of electric power in a manner prescribed by State and local laws, ordinances, rules and regulations. 11\. Ceiling Height: In order to qualify as habitable, rooms shall have a clear ceiling height of not less than seven feet except that in attics or top half   stories used for sleeping, study, or similar activities, the ceiling height shall not be less than seven feet over at least half of the floor area. 12\. Light and Ventilation: a. Habitable Room Light and Ventilation: Except where there is supplied some other device affording adequate ventilation and approved by the Building Official, every habitable room shall have at least one window facing directly outdoors which can be opened easily. The minimum total openable window area in every habitable room shall be per State Building Code. b. Non-habitable Room Ventilation: Every bathroom and water closet compartment shall contain at least one openable window or an approved mechanical ventilation system. 13\. Foundations, Exterior Walls, Roofs. The foundation, exterior walls, and exterior roof shall be substantially watertight and shall be kept in sound condition and repair. The foundation shall adequately support the building at all points. Every exterior wall shall be free of deterioration, holes, breaks, loose or rotting boards, and any other condition that might admit rain or dampness to the interior portion of the walls or spaces of the building. All exterior wood surfaces other than decay resistant materials, shall be protected from the elements and decay by paint or other protective covering or treatment. If the exterior surface is unpainted or determined by the compliance official to be paint blistering, the surface shall be painted. If the exterior surface of the pointing of any brick, block or stone wall is loose or has fallen out, the surface shall be repaired. The roof shall be tight and have no defects which admit rain, and roof drainage shall be adequate to prevent rainwater from causing dampness in the walls of the dwelling unit. 14\. Grading and Drainage. Except for wetlands and approved ponds, the area surrounding any structure, and all walkways, driveways and other portions of the premises on which a building stands shall be graded and drained so as to be reasonably free of standing water. The water must not be drained onto adjacent properties except as provided in legally recorded easements or other documents. 15\. Facilities for Storage and Disposal of Rubbish and Garbage. Every owner of a dwelling unit shall be responsible for providing and maintaining facilities for the sanitary and safe storage and disposal of rubbish, garbage, and recyclable materials and for arranging for the collection of this material. 16\. Pests and Extermination. All structures and exterior property shall be free from rodent harborage and infestation. Materials and food sources for pests shall not be allowed to accumulate either inside or outside structure in a   manner that attracts an infestation of pests. All openings with a diameter of one half (1/2) inch or more shall be sealed in an approved manner so as not to permit an infestation of pests. The occupant of a unit shall be responsible for the extermination of any infestation of pests within the unit or on the premises under the immediate control of the occupant. ### D. Basic Safety Requirements for Interior and Exterior Maintenance: 1\. Kitchen Facilities. Every dwelling unit shall have a room or portion of a room in which food may be prepared and/or cooked and which is connected to an approved sewer system. Kitchen facilities in every dwelling unit shall be maintained in the following manner: a. A kitchen sink shall be in good working condition and properly connected to an approved water supply system which provides at all times heated and unheated running water under pressure, and which is connected to an approved sewer system. b. Cabinets and/or shelves and counters or tables shall be of sound construction furnished with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect on food. C. A stove for cooking and a refrigerator for the safe storage of food shall be properly maintained with all necessary connections for safe, sanitary, and efficient operation. 2\. Windows, doors and screens. Every window, exterior doorway, and other exterior opening shall be substantially tight and shall be kept in sound condition and repair. Every window, other than a fixed window or storm window, shall be capable of being easily opened. Every window, door, and frame shall be constructed as to exclude rain, wind, and pests from entering the building. Every openable window shall be provided with screens during insect season. 3\. Floors, interior walls, and ceilings. Every floor, interior wall and ceiling shall be kept in sound condition and good repair. Floors shall be free of loose, warped, protruding or rotted flooring material. Walls and ceilings shall be free of holes and large cracks, and shall be maintained in a tight, waterproof condition. 4\. Stairways, porches, decks and balconies. Every stairway, inside or outside of a dwelling, and every porch, balcony or deck shall be kept in a safe condition and sound repair, and conform to the Minnesota State Building Code requirements.   ### E. Immediate Health and Safety Standards. The following are considered immediate hazards to health and safety for human occupancy: 1\. Heating systems that are unsafe due to: Burned out or rusted out heat exchangers (fire box); burned out or plugged flues; lack of proper venting; unsafe connections to gas supplies; failing to meet the minimum heating standards set forth in Section 11-4-18.C.8 of this Section. 2\. Water heaters that are unsafe due to: burned out or rusted out heat exchangers or burners; burned out, rusted out or plugged flues; lack of proper venting; unsafe connections to electric or gas supplies; missing or defective temperature and pressure relief valve. 3\. Electrical systems that are unsafe due to: dangerous over-loading; damaged or deteriorated equipment; improperly spliced wiring; exposed or non-insulated wiring; improper use of extension cords; improper grounding of appliances and/or equipment. 4\. Plumbing systems that are inoperable or unsanitary due to: leaking waste, drain or vent piping; lack of a water closet; lack of washing and bathing facilities; cross connections; or other system failure. 5\. Structural systems, walls, chimneys, ceilings, roofs, foundations, and floor systems that will not safely carry imposed loads. 6\. Rubbish, garbage, human waste, decaying animal carcasses, animal waste, other materials rendering it unsanitary for human occupancy. 7\. Infestation of rodents, insects, vermin, and other pests. 8\. Water supply that is inoperable or unsanitary due to: leaking water pipes, fixtures, and traps, or system failure. F. Unfit for Human Habitation: 1\. Declaration. Any dwelling unit which is damaged, decayed, dilapidated, unsanitary, unsafe, pest infested, or which lacks provision for illumination, ventilation, or sanitary facilities to the extent that the defects create a hazard to the health, safety, or welfare of the occupants or of the public may be declared unfit for human habitation. Whenever any premises, building, or dwelling unit has been declared unfit for human habitation, the Building Official shall order the building or affected dwelling unit vacated within a reasonable time and shall post a placard on same indicating that it is unfit for human habitation.   2\. Use of Vacated Building. It shall be unlawful for a vacated dwelling unit which has been declared unfit for human habitation as provided in Section 11-4-18.E.1 to be used for human habitation until the defective conditions have been corrected and inspected and approved by the Building Official, and a Certificate of Occupancy has been issued. It shall be unlawful for any person to deface or remove the placard from any such dwelling. 3\. Hazardous Building Declaration. In the event that a dwelling unit has been declared unfit for human habitation, and the owner has not remedied the defects within a reasonable time, the dwelling unit may be declared a hazardous building and treated consistent with the provisions of Minnesota State Statutes. ### G. Vacant Buildings: 1\. Securing of Vacant Buildings. The owner of any dwelling unit which has been declared unfit for human habitation, or which is otherwise vacant for a period of sixty (60) days or more, shall make the same safe and secure so that it is not hazardous to the health, safety, and welfare of the public and does not constitute a public nuisance. Any vacant dwelling open at doors or windows, if unguarded, shall be deemed to be a hazard to the health, safety, and welfare of the public and a public nuisance within the meaning of this Section, and shall be made safe and secure immediately by boarding the openings. Boarding must be done with sound materials that are securely fastened to the building. The premises of a vacant building shall be maintained in an appropriate manner including, but not limited to: mowing of yard areas; removal of weeds from driveways, landscaping, parking areas, etc; collection and removal of garbage and debris; watering and maintaining landscaping. ## H. Administration and Enforcement: 1\. Officials Designated; Conduct of Inspections. The compliance official shall administer and enforce the provisions of this Section and is hereby authorized to cause inspections on a scheduled basis for rental dwelling units and other buildings which reason exists to believe that a violation of this Section has been or is being committed. Inspections shall be conducted during reasonable daylight hours, and the compliance official shall present evidence of official capacity to the occupant in charge of a respective dwelling unit. This Section shall not apply to investigations conducted by the Police or Sheriff's Department regarding prohibited conduct or other similar illegal activities. 2\. Access Restrictions. Any owner, occupant, or other person in charge of a building may refuse to permit free access and entry to the structure or premises under his control for inspection pursuant to the Section,   whereupon the compliance official may seek a court order authorizing such inspection. 3\. Compliance Order. Whenever the Building Official and/or Fire Official determines or has reasonable grounds to believe that any building or portion thereof, or the premises surrounding any of the buildings fails to meet the provisions of this Section, the Building Official shall give notice of such alleged violation in the form of a Compliance Order setting forth the violations of this Section and ordering the owner, occupant, operator, or agent to correct such violations shall be issued. Such order shall: a. Be in writing. b. Include a description of the real estate sufficient for identification. C. Describe in sufficient detail the location and nature of each violation of this Section. d. Contain an outline of remedial action that, if taken, will effect compliance with the provisions of this Section. e. Establish a reasonable time, not to exceed sixty (60) days for the performance of any act required. f. Be served upon the owner, agent, operator or occupant as the case may require. Such notice shall be deemed to be properly served if a copy thereof is: (1) Served personally upon said owner, agent or occupant, (2) Sent by certified mail to the last known address of the owner, agent, operator or occupant; or (3) Upon failure to serve the Compliance Order through (a) or (b) above, said order will be posted at a conspicuous place in or about the affected dwelling unit. 4\. Penalties. Failure to meet the requirements of the Compliance Order shall be a violation of this Section and a misdemeanor and is subject to all penalties as provided by State Statute. Each day the violation continues in existence shall be deemed a separate violation. No provision of this Section designating the duties of any official or employee of the city shall be so construed as to make such official or employee liable for the penalty provided in this section because of failure to perform such duty, unless the intention of the city council to impose such penalty on such official or employee is specifically and clearly expressed in the section creating the duty.   5\. Execution of Compliance Orders. Upon failure to comply with a Compliance Order within the time set and no appeal having been taken, the Council may, by resolution, cause the cited deficiency to be remedied as set forth in the Compliance Order. The cost of such remedy shall be levied against the subject property and may be levied and collected as a special assessment in the manner provided by Minnesota State Statutes. 6\. Appeals. When it is alleged, by any person to whom a Compliance Order is directed that such Compliance Order is based upon erroneous interpretation of this Section, such person may appeal the Compliance Order to the City Council sitting as a board of appeals as set forth below. The filing of an appeal shall stay all proceedings, unless such a stay would cause imminent peril to life, health, safety or property. a. The City Council shall serve as the Board of Appeals. b. An appeal shall only be applicable to the administration of the provisions of this Section. C. An appeal from the ruling of the City Building Official shall be initiated in writing by the property owner or their agent within five (5) days of the date of the Building Official's written Order. d. The written notice of appeal must state the specific grounds upon which the appeal is made. Said written application shall be accompanied by a fee as established by Section 1-1-2 of the City Code. e. The Board of Appeals shall make its decision by adopting a resolution stating findings of fact within a timeframe as prescribed by Minnesota Statutes Section 15.99. The board of appeals may reverse, modify, or affirm, in whole or in part, the compliance order, and may order return of all or part of the filing fee if the appeal is upheld. 7\. Emergency Cases. When a violation of this Section constitutes an imminent peril to life, health, safety or property, the City may require immediate compliance and, if necessary, may take appropriate action to correct the violation. 8\. Restrictions on Transfer of Ownership. The owner of any building, or any part thereof, upon whom a pending Compliance Order has been served, may not sell, transfer, mortgage, lease, or otherwise dispose of the building or any part thereof, to another person until the provisions of the Compliance Order have been complied with, unless such owner shall furnish to the   grantee, lessee, or mortgagee a true copy of any notice of violation or Compliance Order and shall obtain and possess a receipt of acknowledgement. Anyone securing an interest in the building, or any part thereof, who has received notice of the existence of a violation or Compliance Order shall be bound by such violation or Order without further service of notice and shall be liable for all penalties and procedures provided by this Section. I. Existing Structures and Units: Any structure or unit existing prior to the adoption of this Section shall be deemed conforming if it was in conformance with all applicable laws and ordinances when it was constructed or last reconstructed, remodeled, repaired or altered. J. Severability. Should any portion of this Section be found to be in violation of any provisions of the Constitution of the State of Minnesota or the United States of America, such a finding will affect only such portion and the remainder of this Section shall continue in full force and effect. (Ordinance #3, adopted November 9, 2010)

Ch.11 § 4-18

Amendment history