2002-03
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BILL NO, 2002-3
AN ORDINANCE RELATING TO THE HOUSING
CODE; AMENDING SECTION 405 OF THE
RICHFIELD CITY CODE
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Section 405.00 of the Richfield City Code is amended by adding a
subsection to read as follows:
405.00. Purpose and policy. The purpose of this section, which will be known as the
housinq maintenance code, is to protect the public health, safety and welfare. This section
a) sets minimum standards for basic eauipment and facilities, Iiaht. ventilation and heating,
and minimum space, use and location requirements; b) determines the responsibilities of
owners, operators, and residents of dwellings; and c) provides for enforcement and
penalties.
Section 2. Subsection 405.03 of the Richfield City Code is amended by to read as
follows:
405.03. Application of section. This section applies to ill! dwellings, dwelling units, rooming
units, rooming houses, and temporary housing :md promicoc located within the city.
Section 3. Section 405.00 is amended by adding subsection 405.04 as follows:
405.04. Conflict of provisions. Subdivision 1. Other city code sections. In any case where
a provision of this section is found to be in conflict with any other provisions of this code,
the provision which establishes the hiqher standard for the promotion and protection of the
health and safety of the people will prevail.
Subd. 2. Minnesota state statutes. Nothing in this section is intended to modify or
abroqate the riqhts of tenants or landlords qranted by Minnesota Statutes, chapter 5048.
The director of public safety may designate, subiect to city council approval, administrators
to carry out the duties assiqned by the court pursuant to said statute.
Section 4. Subsection 405.01 of the Richfield City Code is amended to read as
follows:
105.01. 405.05. Definitions. Subdivision 1. The terms defined in this subsection have the
meanings given them.
Section 5. Subsection 405.01, subdivision 8 of the Richfield City Code is amended
to read as follows:
Subd. 8. "Enforcement officer" means the director of public safety,;, or the director's
des;qnee.
Section 6. Subsection 405.01, subdivision 12 of the Richfield City Code is amended
to read as follows:
Subd. ~.1.1. "Operator" means any person who has charge, care or control of a I
building, or part thereof, in which dwelling units or rooming units are let.
Section 7. Subsection 405.01, subdivision 13 of the Richfield City Code is deleted
in its entirety.
Section 8. Subsection 405.01, subdivision 14 of the Richfield City Code is amended
to read as follows:
Subd. 44 12. "Owner" means any person who, alone or jointly or severally with
others:
(a) has legal title to any dwelling or dwelling unit, with or without accompanying
actual possession thereof; or
(b) has charge, care or control of any dwelling or dwelling unit, as owner or
agent of the owner, survivor of the owner, or as executor, executrix, administrator,
administratrix, trustee or guardian of the estate of the owner. Any SHBfI. person tfH:ffi
representing the actual owner choll be is bound to comply 'Nith Qy the provisions of this
ordin:mce section and bv any ef rules and regulations adopted under this section purcu:mt
thereto to the same extent as if he were the owner.
Section 9. Subsection 405.01, subdivisions 15 through 20 of the Richfield City
Code are amended to read as follows:
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Subd. -% ~. "Plumbing" means and includes all of the following supplied facilities
and equipment: water pipes, garbage disposal units, waste pipes, water closets, sinks,
installed dishwashers, lavatories, bath-tubs, shower baths, installed clothes-washing
machines, catch basins, drains, vents and any other similar supplied fixtures, together with
all connections to water or sewer lines.
Subd. .:t4-,. 14. "Occup:mt" "Resident" means any person over one year of age living,
sleeping, cooking or eating in or having actual possession of a dwelling unit or rooming
unit.
Subd. +e lQ. "Rooming unit" means any room or group of rooms forming a single
habitable unit used or intended to be used for living or sleeping but not for cooking or
eating purposes.
Subd. +7 .12. "Rooming house" means any 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.
Subd. .:;..g. 11. "Rubbish" means combustible and noncombustible waste materials,
except garbage; and the term includes the residue from the burning of wood, coal, coke,
and other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber,
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leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery and
dust.
Subd. 4.Q 18. "Supplied" means paid for, furnished, or provided by or under the
control of the owner or operator.
Subd. ~ 19. "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 utility system on the same premises for more than
30 consecutive days.
Section 10. Subsection 405.05 of the Richfield City Code is amended to read as
follows:
405.07 405.05. Enforcement. Subdivision 1. Inspections. of dwellings, dv.'OIIing units,
rooming unite :md premieee. Subdivicion 1.
@l Generallv. The enforcement officer is authorized and directed to make
inspections to determine the condition of dwellings, dwelling units, rooming units. roominq
houses. and temporary housing :md premises located within a the city in order th3t ho m3Y
porform his duty of to safeguardffig the health and safety of the occup3nts residents of
dwellings and the general public. For the purpose of making such inspections, the
enforcement officer may enter, examine and survey at all reasonable times all dwellings,
dwelling units, rooming units, roominq houses and temporary housing promises after
obtaining consent from the resident of the premises or after the owner has qiven the
resident reasonable prior notice of the inspection. If there is probable cause to believe that
an emergency or a serious health and safety issue exists. the enforcement officer may
inspect without notice to or consent from the owner. manaqer or resident. Tho ownor or
occup3nt of 0'/01)' d'Nolling, dwolling unit or rooming unit, or tho pon:;on in ch3rgo theroof,
eh311 givo tho onforcomont officer froo 3ccose to such dwolling, d'Nolling unit or rooming
unit 3nd its promieoe, 3t 311 ro3eon3blo timos for tho purpoeo of euch inepoction,
oX3min3tion 3nd curvoy, eubject to tho provision of eubdivision 3.The onforcoment officer
ie 3uthorized 3nd diroctod to m3ko inspoctions to dotermino tho condition of d'Nollings,
dwolling unite, rooming unite 3nd premises loc3ted within 3 city in ordor th3t ho m3Y
perform hie duty of c3fogu3rding tho h031th 3nd s3foty of tho occup3nte of dwollingc 3nd of
tho gonor31 public. For tho purpoeo of m3king euch inepectione, tho onforcomont officer
m3Y ontor, oxamino 3nd eurvoy 3t 311 r03eon3ble timoe 311 d'Nollinge, d\\'olling units,
rooming units ~:md promieoe. Tho ownor or occupant of ovory d'Nelling, dv.'OIIing unit or
rooming unit, or the poreon in ch3rgo theroof, sh311 givo tho onforcemont officor froe
3ccese to euch dwolling, dwolling unit or rooming unit 3nd ite promisos, 3t 311 r03son3ble
timoe for tho purpoeo of euch inspoction, oX3min3tion 3nd survoy, eubjoct to tho provieion
of eubdivieion 3.
fQ.l Resident to give access to owner or operator. Upon recelvlnq reasonable
prior notice, e€-very occup:mt resident of a dwelling or dwelling unit must sf1.aU give the
owner thereof, or fHs. the owner's agent or employee, access to any part of such dwelling
or dwelling unit, or its premises, at all reasonable times for the purpose of making weA-
repairs or alterations as are necessary to e#eet bring the dwelling into compliance with tfle
pro'lieione of this section or with any klwM rule or regulation adopted or 3ny I3'Nful ordor
ieeuod pureu:mt to tho provieions of this eubsoction under subdivision 4 of this subsection.
Evory occup=.mt of:J dwolling or d\volling unit sh:J1I give the O'Nnor thoroof, or his :Jgont or
omployoo, :Jccoee to :Jny p:Jrt of euch dwolling or dwolling unit, or ite promisoe, :Jt :JII
rc~son~blo timec for the purposo of m~king cuch rop~irs or ~Iter~tionc ~c ~ro nocoss~ry to I
effoct complbnco with tho provisions of this section or ',Nith ::my 13wful rulo or rogubtion
:Jdopted or ~my 1:J\A..ful ordor issuod pursu:Jnt to tho provisione of thie E:ubsoction.
19. Subd. 2. Search warrant. If consent is refused and if there is probable cause
to believe a violation exists within the particular structure, a search warrant may be
obtained. No warrant is needed for entry where an emerqencv condition or serious health
and safety issue exists and insufficient time is available to obtain a warrant and protect
persons or property. If:Jn occup:Jnt or ownor of :J dwolling or dwolling unit 'Nil I not give
froo :Jccoee to tho hO:Jlth officer, euch officerE: eh:J11 firet obt:Jin :J eO:Jrch w:Jrr:Jnt from :J
court with propor juriediction boforo ontering upon tho promisoe to which :Jocose h:Je boon
doniod.
@ Entry under this section is subiect to Minnesota Statutes, section 504B.211.
Subd. 2. Violations.
(a) Notice. If a violation of this section has occurred, or the enforcement officer
has reasonable grounds to believe that a violation has occurred, notice will be given to the
licensee. or if there is no license, to the owner, operator, or resident of the premises.
Notice of the violation must be in writing and sent bv United States mail to the last known
address of such person. The mailed notice will qive the licensee, owner, or operator a I
specified number of days, UP to 30 days to correct the violation. The enforcement officer
has the authority to extend the time period to correct a violation if, in the discretion of the
enforcement officer, good cause has been shown.
(b) Appeal. A licensee may appeal a determination that a violation of this
section exists. The licensee must submit a written request for an appeal to the director of
public safety within 10 days after receivinq a notice of violation under paragraph (a). A
request for an appeal must be based on a claim that the true intent of this section or rule
adopted hereunder have been incorrectlv interpreted; that the provisions of this section do
not applv, that the requirements of this section are adequatelv satisfied by other means, or
that strict application of a requirement under this section would cause undue hardship. A
hearinq will be held within 20 days after the director of public safety receives the written
request for an appeal. The director of public safety will act as the hearinq official and will
consider all relevant evidence, documents, and verbal presentations submitted durinq the
hearing bv both the licensee and the buildinq official. The director of public safety will
issue a written decision to the licensee and the building official within 10 days of the
hearinq.
( c) Penalty. if a notice of violation has been given to the licensee under
paraqraph (a) and the violation has not been corrected within the number of days specified
in the notice, the licensee may not let dwelling units then vacant. or which become vacant,
until all violations within the same dwelling have been corrected.
Subd. 3. Prosecution and reinspection fee.
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fill Prosecution for any violation of this section will not be commenced unless
notice under subdivision 2 of this subsection has been mailed and the violation has not
been remedied within the time specified to correct the violation or within the time granted
under any extension of such period. Failure to receive notice is not a defense in any
prosecution under this section.
[Ql A fee. as set in appendix 0 of this code. will be charged for all reinspections
required because of violations that are not corrected either by the time specified in the
notice of violation or by the expiration of the extension qranted by the enforcement officer.
Subd. 4. Subd. 3. Adoption of rules and requlations by the enforcement officer. The
enforcement officer may make and adopt written rules and regulations as are necessary
for the proper enforcement of the provisions of this section subject to the provisions for
public he3ring in subdivision 1; provided that the rules and regulations are not in conflict
with the provisions of this section, this code or any other applicable law. The enforcement
officer sflaU will file a certified copy of the rules and regulations with the city clerk. The
rules and regulations sRaU will have the same force and effect as the provisions of this
section, and the penalty for violation thereof sRaU will be the same as the penalty for
violation of the provisions of this section.
Subd. 5. Subd. 1. Public h03rinq. Approval by council. Prior to the adoption of rules
and regulations pursuant to subdivision 1,. ~, 3 public h03ring sh311 bo hold bof-ore the b03rd of
h031th city council for tho presont3tion of 3ny must approve the proposed rules or regulations.
Notice of tho public h03ring sh311 bo publishod 3t I03st two wooks bofore tho h03ring.
Section 11. Subsection 405.07 of the Richfield City Code is deleted in its entirely.
Section 12. Subsection 405.09, of the Richfield City Code is amended to read as
follows:
405.09. Minimum standards for basic equipment and facilities. Subdivision 1. General rule.
No person may 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 requirements of this subsectiondivicion.
Subd. 2. Kitchen sink. Every dwelling unit sRaU must contain a kitchen sink in good
working condition and properly connected to a water and sewer system approved by the
enforcement officer.
Subd. 3. Flush toilet. Every dwelling unit except as otherwise permitted under
subdivision 5 sflaU must contain a room which affords privacy to a person within said 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 approved by the
enforcement officer.
Subd. 4. Bath. Every dwelling unit except as otherwise permitted under subdivision 5
&J:l.aU must contain, within a room which affords privacy to a person within said room, a
bathtub or shower in good working condition and properly connected to a water and sewer
system approved by the enforcement officer.
Subd. 5. Shared facilities. The occupcmte residents of not more than two dwelling
units may share a single flush water closet, a single lavatory basin and a single bathtub or
shower if:
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(a) neither of the two dwelling units contains more than two rooms; provided
that, for the purposes of this subdivision, a kitchenette or an efficiency kitchen with not
more than 60 square feet of floor area sRaU will not be counted as a room; and
(b) the habitable area of each of the dwelling units sRaU equal~ not more than
250 square feet of floor area; and
(c) the water closet, lavatory basin and bathtub or shower sRaU must be in good
working condition and properly connected to a water and sewer system approved by the
enforcement officer.
Subd. 6. Connections. Every kitchen sink, lavatory basin and bathtub or shower
required under the above provisions sRaU must be properly connected with both hot and
cold water lines.,....and in qood workinq condition.
Subd. 7. Rubbish storaqe. Every dwelling unit eh311 must be supplied with adequate
rubbish storage facilities, the type and location of which are approved by the enforcement
officer.
Subd. 8. Garbaqe disposal. Every dwelling unit eh311 must be supplied with
adequate garbage disposal facilities or garbage storage containers, the type and location I
of which are approved by the enforcement officer.
Subd. 9. Water heatinq. Every dwelling sRaU must have supplied water-heating
facilities which are properly installed, maintained in safe and good working condition,
properly connected with the hot water lines required under the provisions of subdivision 6,
and capable of heating water to such a temperature as to permit an adequate amount of
hot water to be drawn at every required kitchen sink, lavatory basin, bathtub, or shower.:. at
3 tompor3tura of not loeE: th3n 120 dograoe F3hronhoit. The supplied water-heating
facilities sRaU must be capable of meeting the requirements of this subdivision when the
dwelling or dwelling unit heating facilities required under subsection 405.11 are not in
operation.
Subd. 10. Egress. Every dwelling unit sRaU must have safe, unobstructed means of
egress leading to safe and open space at ground level, as required by the laws of this
state and this code.
Section 13. Subsection 405.11 of the Richfield City Code is amended to read as
follows:
405.11. Minimum standards for Iiqht. ventilation and heatinq. Subdivision 1. General rule. I
No person may 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
requirements of this subsection.
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Subd. 2. Windows, air and Iiqht. Every habitable room sRaU must have at least one
window or skylight facing directly to the outdoors. The minimum total window glazed area
for every habitable room ch311 be is eight percent of the floor area of such room. Whenever
walls or other portions of structures face a window of any room and the 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 a window is sRaU not ee deemed to face directly to the
outdoors and sRaU will 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 sRaU must equal at least 4.e fifteen
percent of the total floor area of such room.
Subd. 3. Windows: specifications. Every habitable room sRaU must have at least
one window or skylight which can easily be opened, or other device which will adequately
ventilate the room. The total of openable window area in every habitable room sRaU must
be equal to at least 45 percent of the minimum window area size or minimum skylight-type
window size, as required by subdivision 2, except where there is supplied some other
device affording adequate ventilation and approved by the he31th offioer or c3nit3rbn.
enforcement officer.
Subd. 4. Bath: windows. Every bathroom and water closet compartment sRaU must
comply with the light and ventilation requirements of habitable rooms contained in
subdivisions 1 and 2, except that no window or skylight ch311 be is required in adequately
ventilated bathrooms and water closet compartments equipped with a ventilation system
which is kept in continuous operation and approved by the enforcement officer.
Subd. 5. Electrical outlets. 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 sRaU must 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
figurec; and every water closet compartment, bathroom, laundry room, furnace room, and
public hall sRaU must contain at least one supplied ceiling or wall-type electric light fixture.
Every outlet and fixture sRaU must be properly installed, sh311 be maintained in good and
safe working condition, and ch311 be connected to the source of electric power in a safe
manner.
Subd. 6. Heating. Every dwelling sRaU must 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, under ordin3ry minimum
winter conditions.
Subd. 7. Stairways: liqhts. Every public hall and stairway in every multiple dwelling
containing five or more dwelling units sRaU must be adequately lighted at all times. Every
public hall and stairway in structures devoted solely to dwelling occupancy and containing
not more than four dwelling units may be supplied with conveniently located light switches,
controlling an adequate lighting system which may be turned on when needed, instead of
full-time lighting.
Subd. 8. Insects: screening. During th::lt portion of o::lch YO::lr whon tho onforcomont
officor doome it nocose::ll)' f{)r protoction ::lg::linet moequitooc, flios or other ineocts, Eevery
door oponing window or other device with openings directly from a dwelling unit to outdoor I
space or used or intended to be used for ventilation sRaU must be supplied with screens.:.
This subdivision applies onlv to apartment houses and rental homes. ::lnd ::l eelf c10eing
dovico; ::lnd ovory window or othor dO'.'ico 'Nith oponings to outdoor Sp::lCO, used or
intondod to bo usod for vontil::ltion, sh::lll ~ likowiso bo supplied with ccreone; providod
th::lt tho ccreone eh::lll not bo required during cuch poriod in rooms doomod by tho hO::llth
officor or e::lnit::lrbn to bo loc::ltod high onough in tho uppor ctorioc of buildingc ::lC to bo
froe from cuch insocte, ::lnd in roome loc::ltod in ::lrO::lC of tho city 'Nhich ::lre doomod by tho
hO::llth officer or e::lnit::lri::ln to h::lvO co faw insoctc ::lS to rendor ccroone unnocoee::ll)'.
Subd. 9. Basements: screens. 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, insects or other pests, sRaU must be supplied with a screen or such other
device as will effectively prevent their entrance.
Section 14. Subsection 405.13 of the Richfield City Code is amended to read as
follows:
405.13. Minimum standards for Goner::ll reQuiremonts robtinq to tho safe and sanitary
maintenance of parts of dwellinqs and dwellinq units. Subdivision 1. General rule. It is
unlawful 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 I
requirements of this subsection:
Subd. 2. Structure. Foundations, floors, walls, ceilings and roofs sHaU must be
reasonably weathertight, watertight and rodent proof; sh::lll bo capable of affording privacy;
and eh::lll be kept in good repair.,. and sound working condition.
Subd. 3. Windows. entries. Windows, exterior doors and basement hatchways sHaU
must be reasonably weathertight, watertight and rodent proof; and sh::lll bo kept in sound
working condition and good repair.
Subd. 4. Exterior structures. Inside and outside stairs, porches and appurtenances
thereto sHaU must 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 eh::lll bo kept in sound condition
and good repair.
Subd. 5. Plumbing fixtures. Plumbing fixtures and water and waste pipes sHaU must
be properly installed and maintained in good sanitary working condition, free from defects,
leaks and obstructions.,. and in qood repair.
Subd. 6. Water closets. floor surfaces. Water closet compartment floor surfaces and I
bathroom floor surfaces sHaU must 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.,. and in Qood repair.
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Subd. 7. Supply facilities. Supplied facilities, pieces of equipment or utilities which
are required under this subsection sRa>> must be so constructed or installed that they
function safely and effectively, and sh:lll be maintained in satisfactory working condition.
Subd. 8. Discontinued or removed facilities. No owner, operator, or occup:lnt
resident may cause any service, facility, equipment or utility which is required under this
section to be removed from or shut off from or discontinued from any occupied dwelling let
or occupied by that person, except for :l ~ temporary interruption :lS m:lY ba is
permissible if it is necessary while actual repairs or alterations are in process, or during
temporary emergencies.:. when discontinu:lnce of service ic :lppro'lcd by the enforcement
officer. If the supply of heat is interrupted for more than 24 consecutive hours durinq the
month of November. December. January, February. or March. the property owner.
operator or resident must provide an alternative heat source for the unit.
Subd. 9. B:lsement 'Nindowc. B:lsement or cell:lr \\'indm...s used or intended to be
uced for 'Jentibtion, :lnd every other opening to :l b:lcement 'Nhich might provide :In entry
for rodentc, ch:lll be cupplied '....ith :l ccrcan or other device which will affectivaly prevent
their entr:lnce.
Section 15. Subsection 405.15 of the Richfield City Code is amended to read as
follows:
405.15. Minimum space, use and location requirements. General rule. No person may
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 requirements:
(a) every dwelling unit sRa>> must contain at least 150 square feet of floor space
for the first occup:lnt resident thereof and at least 100 additional square feet of floor space
to be calculated on the basis of total habitable room area;
(b) in every dwelling unit of two or more rooms, every room intended as a
bedroom for occupied for cleeping purposes by one occup:lnt ch:lll resident must contain
at least 70 square feet of floor space, and every room intended as a bedroom occupied for
cleeping purpocec by more than one occup:lnt sRa>> resident must contain at least 50
square feet of floor space for each occup:lnt resident thereof;
(c) no dwelling or dwelling unit containing two or more sleeping rooms sflaU may
have such room arrangements that access to a bathroom or water closet compartment
intended for use by occup:lnts residents of more than one sleeping room can be had only
by going through another sleeping room; nor sRaU will 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;
(d) at least one-half of the floor area of every habitable room sRaU must 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 sRaU will 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; and
(e)
unless:
no basement space sHaU may be used as a habitable room or dwelling unit
(1) the floor and walls are impervious to leakage of underground and I
surface runoff water and are insulated against dampness;
(2) the total window area in each room is equal to at least the minimum
window area sizes as required in subsection 405.11; and
(3) the total of open able window area in each room is equal to at least the
minimum as required under subsection 405.11, except where there is supplied some other
device affording adequate ventilation and approved by the enforcement officer.
Section 16. Subsection 405.17 of the Richfield City Code is amended to read as
follows:
405.17. Responsibilities of owners and occup~mts residents.
(a) The owner of a dwelling containing two or more dwelling units is responsible
for maintaining in a clean and sanitary condition the shared or public areas of the dwelling
and premises thereof.
(b) The occup::mt resident of a dwelling or dwelling unit sHaU must keep in a
clean and sanitary condition that part of the dwelling, dwelling unit and premises thereof
occupied and controlled by the occup::mt resident.
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(c) The occupant resident of a dwelling or dwelling unit sHaU must dispose of all
fHs. rubbish and orqanic waste in a clean and sanitary manner by placing it in the rubbiE:h
containers garbage disposal facilities or garbage storage containers required by
subsection 405.09, subdivision 8.
(d) The occupant of a dwelling or dwelling unit chall ~ dicpoce of all hiE:
garbage and any other organic 'Naste 'Nhioh might provide f-ood for rodents, in a clean and
canitarj manner, by placing it in the garbage dispocal facilities or garbage ctorage
containers required by subsection 405.09, subdi'JiE:ion 8. It is the recponsibility of t Ihe
owner te must supply SHffi garbaqe disposal facilities or qarbaqe storage containers for all
dwelling units in a dwelling containing more than four dwelling units and for all dwelling
units located on premises where more than four dwelling units share the same premises.
In all other cases it is the responsibility of the occupant resident to furnish facilities or
containers.
(e) The occupant resident of a dwelling or dwelling unit is responsible for
hanging all screens and double or storm doors and windows whenever the same are
required under thic provision of this section or under at any rule or regulation adopted
under this section purcuant thereto, except where the owner has agreed to supply the
service.
(f) The occupant resident of a dwelling containing a single dwelling unit is
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 dvvelling containing more than one
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d'Nolling unit ic rocponsiblo f-or cuch oxtormin:::ltion 'Nhonovor his dwolling unit is tho only
one inf-osted. Notwithst:::lnding tho f-orogoing pro'.'isions of this p:::lr:::lgr:::lph, ~honovor
infost:::ltion ic c:::lusod by biluro of tho ovmor to m:::lint:::lin :::l d\\'olling in :::l rodont proof or
ro:::lson:::lbly incoct proof condition, In every other case. extermination is the responsibility of
the owner. \^.'honovor infost:::ltion oxists in two or moro of tho dwolling unit~ in :::lny dwolling,
or in tho ch:::lrod or public p:::lrts of :::lny dwolling cont:::lining t'lIO or moro d'....olling unit~,
extermin:::ltion thoreof is tho rosponsibility of tho owner. This paragraph does not prohibit
the owner from charqing the resident of the dwelling unit if the owner deems the resident
responsible for the infestation.
(g) The occup:::lnt resident of a dwelling unit sRaU must keep all plumbing fixtures
thoroin in a clean and sanitary condition and ch:::lll bo rosponsiblo for tho must exercise at
reasonable care in their: proper use and operation thoroof.
Section 17. Subsection 405.21 of the Richfield City Code is amended to read as
follows:
"105.21. 405.19 Security devices. Subdivision 1. Purpose. The purpose of this subsection
is to require security devices in cort:::lin buildings throughout the city as a safety, burglary
and theft prevention measure.
Subd. 2. Definitions. For tho purposos of thic cubcoction,:::l A "dead bolt lock"
means a locking bolt which, when in the locked position, can only be moved positively by
turning a knob, handle, key, sliding bolt, or mechanism activated by working a
combination. A lock bolt moved by a skeleton-type key is excluded from this definition.
Subd. 3. Locks required: futuro buildings. Dead bolt locks sRaU must be installed on
all buildings constructed :::lftor July 1, 1972, which :::lro designed for occupancy as living
quarters or :::lS bucinocc or inductri::11 ost:::lblichmonts.
Subd. 4. Locks required: certain existinq buildings. By January 1, 1973 dead bolt
locks shall be installed on (I)each multiple residence unit; (ii) each hotel or motel rental
unit; (iii)each nursing home, home for the elderly, patient care home, boarding house or
other, similar establishment where living quarters are provided; (iv)within any of the
foregoing establishments, each unit which is designed for occupancy as an independent
living unit. This requirement does not apply to one-family dwelling structures in existence
on July 1, 1972.
Subd. 5. Place of installation. Dead bolt locks required to be installed under the
provisions of this subsection sRaU must be installed on all entrance doors to the particular
unit or building involved. Where there is a double door at an entrance, one of which is a
storm door, the dead bolt lock sRaU must be installed on the year-round door rather than
the storm door.
Subd. 6. Persons responsible. Tho rosponsibility for compli::1nco with this subsoction
sh:::lll bo th:::lt of t Ihe owner and the manager, operator or agent in charge of any building
or structure within tho purviow of this subsoction. is responsible for compliance with this
subsection.
Subd. 7. Security enforcement. The enforcement officer is authorized and directed
to administer and enforce the provisions of this subsection.,--l=4e and may disapprove dead
bolt locking devices that do not meet the requirements of this subsection.
Subd. 8. Docign locks on cort3in dwellinq unite. D03d bolt locks of tho "h3ndlo" typo
sh31l bo inst31lod on 311 indopondont living unite doeignod for occup3ncy by tho oldorly.
Section 18. Subsection 405.19 of the Richfield City Code is amended to read as
follows:
SECTION 406-ROOMING HOUSES
105.19. 406.01. Roominq houses. Subdivision 1. General rule. No person may operate a
rooming house or occupy or let to another for occupancy any rooming unit in any rooming
house, except in compliance with the provisions of this SH9section.
Subd. 2. Permit required. No person may operate a rooming house without a valid
rooming house permit issued by the enforcement officer in the name of the operator and
for the specific dwelling or dwelling unit. The operator sRaU must apply to the enforcement
officer for the permit, which sRaU will be issued by the enforcement officer upon
compliance by the operator with the applicable provisions of this SH9section and of any
rules and regulations adopted pursuant thereto. This permit sRaU must be displayed in a
conspicuous place within the rooming house at all times. Ne-p Permit~ sh31l bo are not
transferable. Every person holding a permit sRaU must give notice in writing to the
enforcement officer within 24 hours after being sold, transferred, given away, or otherwise
disposed of ownership of, interest in or control of any rooming house. The notice sRaU
must include the name and address of the person succeeding to the ownership or control
of the rooming house. Every rooming house permit sRaU expire~ at the end of one year
following its date of issuance, unless sooner suspended or revoked as hereinafter
provided.
Subd. 3. Appeal of denial of permit. A person whose application for a permit to
operate a rooming house has been denied may appeal the denial. A written notice of
appeal must be filed with the director of public safety within ten days of the denial of the
permit. If a notice is not filed with the director of public safety within ten days of the denial,
the council has the discretion to accept or reiect the appeal. Appeals under this section will
be heard by the city council. At a hearing under this section. the enforcement officer and
the applicant may present evidence. includinq witness testimony. relevant to the permit
denial. roquost 3nd sh31l bo gr3ntod 3 h03ring on tho m3ttor boforo tho onforcomont officer
undor tho procodure providod by coction 320. The council may affirm or reverse the permit
denial or issue conditions which must be met before a permit will be issued.
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Subd. 4. Notice of violation. Whenever upon inspection of any rooming house the
enforcement officer finds that conditions or practices exist which are in violation of any
provision of this SH9section or of any rule or regulation adopted pursuant thereto, the I
enforcement officer sRaU will give notice in writing to the operator of such rooming house
that unless the conditions or practices are corrected within a reasonable period, to be
determined by the enforcement officer, the operator's rooming house permit will be
suspended. At the end of the period the enforcement officer sRaU will reinspect the
rooming house, and if ho finde th3t the conditions or practices have not been corrected, He
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notice sRaU will be given notice in writing to the operator that the latter's permit has been
suspended. Upon receipt of notice of suspension, the operator sRaU must immediately
cease operation of such rooming house, and no person may occupy for sleeping or living
purposes any rooming unit therein.
Subd. 5. Appeal of suspension of permit. A person whose permit to operate a
rooming house has been suspended, or who has received notice from the h081th officor
enforcement officer that fMs. the permit is to be suspended unless existing conditions or
practices at fMs. the rooming house are corrected , may request :md sh811 be gr:mted 8
he8ring on the m8tter before the enforcement officer or their desiqnee under the procedure
provided by section 320, providod th8t if no petition for such he8ring is filod within ten
d8Ys f-ollowing the d8Y of v.'hich such permit W8S suspended, such permit sh811 be deemed
to h8'1e been 8utom8tic811y revoked. appeal the suspension. The appeal will be made in
the manner provided in subdivision 3 of this subsection.
Subd. 6. Bathroom requirements. At least one flush water closet, lavatory basin,
and bathtub or shower, properly connected to a water and sewer system approved by the
enforcement officer and in good working condition, sRaU must be supplied for each eight
persons or fr8ction thereof residing within a rooming house, including members of the
operator's family wherever they share the use of said facilities; provided 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. The facilities sRaU must be sa located
within the dwelling as to be reasonably accessible from a common hall or passageway to
all persons sharing such facilities. Every lavatory basin and bathtub or shower sRaU must
be supplied with hot water at all times. No facilities sRaU may be located in a basement
except by written approval of the enforcement officer.
Subd. 7. Bed linens. The oper8tor of every rooming house sh811 ch8nge cupplied
bed linens 8nd to'.'Iels therein 8t le8st once e8ch week, 8nd prior to the letting of 8ny room
to 8ny occup8nt. The oper8tor sh811 be responsible for the m8inten8nce of 811 cupplied
bedding in 8 cle8n 8nd s8nit8ry m8nner.
Subd. I 8. Sleepinq room floor space. Every room intended as a bedroom for
occupied for sleeping purposes by one person sRaU must contain at least 70 square feet of
floor space, and every room intended as a bedroom for occupied f-or cleeping purposes by
more than one person sRaU must contain at least 50 square feet of floor space for each
occup8nt resident.
Subd. ~ 9. Egress requirement. Every room unit sRaU must have ~ safe,
unobstructed means of egress leading to safe and open space at ground level, as required
by the laws of this state and this city.
Subd. ~ 44. Maintenance. The operator of a rooming house sh811 be is responsible
for the sanitary maintenance of all walls, floors.!. aM ceilings, doors and windows and for
maintenance of a sanitary condition in every other part of the rooming house; and He sRaU
be further is responsible for the sanitary maintenance of the entire premises where the
entire structure or building is leased or occupied by the operator.
'105.23. Conflict of provisions. In 8ny C8ce 'J.'here 8 pro'.'ision of this section is found to be
in conflict with 8ny other provicions of this code, the provision 'Nhich ost8blishes the higher
ct~nd~rd for tho promotion ~nd protoction of tho ho~lth ~nd c~foty of tho pooplo E>h~11
prov~il.
Section 19. Subsection 405.25 of the Richfield City Code is amended by adding a I
new section to read as follows:
SECTION 407 - INSPECTION AND LICENSING OF APARTMENT HOUSES AND RENTAL HOMES
407.00. Purpose. It is the purpose of this section to assure that rental housinq in the city
is decent. safe and sanitary and is so operated and maintained as not to become a
nuisance to the neiqhborhood or to become an influence that fosters blight and
deterioration or creates a disincentive to reinvestment in the community. The operation of
rental residential properties is a business enterprise that entails certain responsibilities.
Operators are responsible to take such reasonable steps as are necessary to assure that
the citizens of the city who occuPY such units may pursue the quiet enioyment of the
normal activities of life in surroundinqs that are: safe. secure and sanitary; free from noise.
nuisances or annoyances; and free from unreasonable fears about safety of persons and
security of property.
Section 20. Subsection 405.23 of the Richfield City Code is deleted in its entirety.
Section 21. Subsection 405.25 of the Richfield City Code is amended to read as
follows:
407.03. 405.25. Inspoction ~nd licom:inq of ~p~rtment hOUE>oC ~nd ront~1 homoc.
SubdiviE>ion 1. Definitions. For the purposes of this s.tt9section ~nd E>ubsoction 405.26 the
terms defined herein have the following meanings:
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(a) "Apartment house" means a building containing three or more dwelling units.
(b) "Apartment", "apartment unit" or "dwelling unit" means a room or group of
rooms located within a building and forming a single habitable unit with facilities which are
used or intended to be used for living, sleeping, cooking and eating by persons other than
the owner.
(c) "Rental home" means a one or two-family dwelling which is occupied by
persons other than the owner.
(d) "Family" means one or more persons occupying a dwelling unit and living as
a single, nonprofit housekeeping unit, as distinguished from a group occupying a hotel,
club, fraternity or sorority house. The term "family" does not include a group of individuals,
exceeding three in number, not related by blood, marriage or adoption. The term "family"
includes necessary employees.
(e) "Housing maintenance code" means subsections 405.01 through 405.19 of I
this code togothor with tho Uniform HouE>ing Codo~ ~E> ~doptod by E>ubE>oction 400.03 of
thic code, and sRaU also mean~ all other codes and regulations of the city pertaining to the
occupancy and habitability of the licensed premises.
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(f) All other definitions contained in subsection 405.01, subdivisions I-~ ~ are
incorporated in this SHbsection by reference and made a part hereof.
(g) "Owner" means, with respect to all matters involving the making of
applications and the giving of notices, the individuals or entities holding legal and equitable
title to the premises, or the legally constituted agent designated by the owner for such
purposes.
407.05. Subd.2. License required. fat Gonor:J1 Rule. It is unlawful for any person who is
an owner of an apartment house or an owner of a rental home to operate such apartment
house or rental home without first having obtained a license under the provisions of this
SHbsection. There are two types of licenses: regular and provisional. Provisional licenses
are defined in subsection 407.13. All references to licenses in this section are references
to regular licenses, unless otherwise stated.
(b) Exceptions. .^,partmont houses :Jnd rent:J1 homos which :Jro exicting :Jnd in
oper:Jtion prior to October 1, 1990 m:JY continue to oper:Jto notwithct:Jnding the
requirement of p:Jr:Jgr:Jph (1 )of thic Subdivision, providod :J comploto :Jpplic:Jtion thorefor
h:JS been submittod to tho city by Octobor 1, 1990 in :Jccord:Jnco 'Nith p:Jr:Jgr:Jph (1 )of
Subdivision 3 of this subsoction. Such opor:Jtion m:JY continue until :J fin:J1 detormin:Jtion is
m:Jdo by the city not to issue :J license. (J\mendod, Bill NO.1 090 3)
407.07. Subd. 3. Licensing procedure.
(0) /\pplic:Jtion: \Nhen M:Jdo. By October 1, 1900, the owner of an :Jp:Jrtment
houso or owner of :J ront:J! homo ch:J1I :Jpply to tho director of public s:Jfoty for tho licom:o
roquired by subdivision 2 of this eubsoction. /\pplic:Jtion sh:J1I bo m:Jdo on forme providod
by the city :Jnd :Jccomp:Jniod by tho initi:J1 fee requirod by subdivision 7 of thie eubcoction.
Tho owner of :In :Jp:Jrtment houee or rent:J1 home conetructed :Jftor e:Jid d:Jte sh:J1I submit :J
Licenco :Jpplic:Jtion prior to :Jctu:J1 occup:Jncy of :Jny :Jp:Jrtment unit or ront:J1 home.
(/\mondod, Bill NO.1 990 3)
Subdivision 1. ~ Application: contents.
(a) Reqular licenses. The application sfl..all must contain the following information
together '....ith such and any other information as that the director of public safety may require to
assess compliance with the housing maintenance code and this wasection: the names,
addresses and telephone numbers of the individuals responsible for the maintenance and
manaqement of the premises.
(b) Provisional licenses. An application from a licensee in provisional status under
section 407.13 must contain the followinq information and any other information that the
director of public safety may require to assess compliance with the housinq maintenance code
and this section:
fat Wlf the applicant is a partnership, the names and addresses of each
partner,.:.
fB1 12.1 If the applicant is a corporation, the names and addresses of the
majority shareholder, and the names and addresses of the officers.
f6t.Ql The names, addresses and telephone numbers of individuals responsible
for the maintenance and management of the premises.
fG1.L4l The names, addresses and telephone numbers of the individuals I
responsible for keeping and maintaining the tenant registers.
(5) If the applicant is an owner of multiple dwellinQs, multiple apartment houses. or
multiple rental homes, the leoal address of each dwellino, apartment house or rental home
owned by the applicant located within the city of Richfield.
Subd. 2. ~ Issuance of licenses.
fill If the director of public safety concludes as a result of the information
contained in the application aOO or other available information :.1v:.1ibblo to tho director of
public c:.lf-oty, that an apartment house or rental home appears to comply with
requirements of the housing maintenance code and this SHbsection, the director of public
safety sRaU will issue the license.
{Q.l If the director of public safety concludes as a result of the information
contained in the application aOO or other available information 3v:.libblo to tho diroctor of
public c:.lfoty, that an apartment house .,.or rental home appears not to be in compliance
with the housing maintenance code and this SHbsection the director of public safety sRaU
will order an immodbto inspection to determine compliance. The licensee or applicant
must notify the residents of the apartment house or rental home of the inspection and must
permit the director of public safety to enter upon the premises for the purpose of I
conducting the inspection to verify compliance with the housinq maintenance code. If the
immodbto inspection discloses noncompliance, the applicant sRaU will have a 60 d:.lY
desiqnated time period, to be determined by the director of public safety, from receipt of
notice of noncompliance to correct the defects specified in the notice, but only if the
defects do not create an imminent hazard. The director of public safety may in hiE:
diccrotion, authorize additional time for compliance.
{Ql From the date that the director has ordered an immedbte inspection under
paraqraph (b), no occupancy of dwelling units then vacant, or which become vacant, is
permitted until a license has been issued. Apartment units within an unlicensed apartment
house for which a license application has been made and which units are determined,
b:.1E:od upon :.1 revim... of the :.lpplic:.ltion, :.lnd other inform:.ltion :.l\':.1il:.lble to Q.y the director of
public safety, to be in compliance with the housing maintenance code may be occupied
provided that non-complying units within the apartment house do not create an imminent
hazard to the health and safety of persons in occupied units. Such occupancy may
continue until a final determination on the granting or denial of the license is taken by the
city.
Subd. 3. Denial. suspension. revocation, non-renewal.
(a) The council may revoke, suspend, deny or decline to renew any license issued
under this section upon any of the following qrounds:
(1) false statements on any application or other information or report
required by this section to be given by the applicant or licensee.
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(2) failure to pav anv application. penaltv. reinspection or reinstatement
fee required either bv this section or citv council resolution.
(3) failure to correct deficiencies noted in notices of violation in the time
specified in the notice.
(4) failure to comply with the provisions of an approved mitiqation plan in
the case of provisional licenses.
(5) any other violation of this section.
(b) Revocation. suspension and non-renewal mav be brouqht under either this
subsection or under subsection 407.15.
(c) Regular licenses will be revoked, if at mid term. or not renewed. if at the end
of a term, upon a finding that the premises are onlv eliqible for a provisional license as
provided in subsection 407.13.
(d) Before a decision to revoke. suspend. deny or not renew a license is made.
the council must provide written notice to the applicant or licensee settinq forth the alleqed
grounds for the potential action. Before final action to revoke. suspend, deny or not renew
a license is taken, the applicant or licensee may appeal as set forth in subdivision 4 of this
subsection. A decision to denv. not renew. suspend or revoke a license mav onlv be
made upon written findings. The council mav consider the frequencv and seriousness of
violations, the ease with which such violations could have been cured or avoided and good
faith efforts to complv.
(e) The council mav suspend or revoke a license or not renew a license for part
or all of a facilitv.
(f) Upon a decision to revoke. denv or not renew a license. no new application
from the current owner for the same facilitv will be accepted for a period of time specified
in the council's written decision, not exceeding one vear. New applications must be
accompanied bv a reinstatement fee. as specified in appendix 0 of this code, in addition to
all other fees required bv this section.
(q) A written decision to revoke. suspend, deny or not renew a license or
application will specify the part or parts of the facilitv to which it applies. Until a license is
reissued or reinstated, no rental units becominq vacant in such part or parts of the facilitv
may be relet or occupied. Revocation, suspension or non-renewal of a license will not
excuse the owner from compliance with all terms of this section for as lonq as anv units in
the facilitv are occupied.
(h) Failure to complv with all terms of this section durinq the term of revocation.
suspension or non-renewal is a misdemeanor and qrounds for extension of the term of
revocation, suspension or continuation of non-renewal of the license.
Subd. 4. (4) Denial: Appeal. In any instance where the director of public safety has
denied. revoked. suspended. or not renewed ::m ::1pplic::1tion for a licenseJ. the applicant or
licensee may appeal the decision to the city m::1n::1ger by delivering to the m::1n::1ger ::1 notice
of ::1p pe::1 I within ten d::1Yc of receipt by the ::1pplic::1nt of notice of the director of public
s3foty'c docision. Tho city m3n3gor sh311 h3vo ton d3Ys from rocoipt of 3pplic3nt's notico of
3pp031 to cuct3in or roccind tho 3ction of tho diroctor of public s3f.cty. In tho ovont tho
dooicion of tho city managor cuctainc tho dooicion of tho direotor of publio cafoty in 'Nholo I
or in p3rt, tho 3pplic3nt m3Y 3ppe31 such decision to the city council by delivering to the
city clerk a notice of appeal within ten days of receipt by the applicant or licensee of notice
of the city m3n3gor's decision by the director of public safety. The applicant or licensee will
be given an opportunity for a hearinq before the city council. The decision of the city
councilor any decision by the director of public safety or tho city m3n3gor which is not
appealed in accordance with thi~ paragraph sh311 bo is deemed a final determination by
the city.
Subd. 5. Subd. 1. Liconco: Renewal: Tr3nsfor. The term of a license granted under
this subsection is January 1 to December 31 one Y03r from tho d3to of issu3nco. +He
liconseo ch311 roport to tho diroctor of public s3f.oty 3ny m3torbl ch3ngos in tho idontity of
tho ownor, including 3 chango in tho m3jority sh3roholdor or ch3roholdorc 3nd officors in
tho C3S0 of corpor3tions. Tho I bicense~ must bo are renewed annually thoro3ftor. As a
requirement of renewal of a license, the enforcement officer may direct that all dwellings
owned bv the licensee be inspected to ensure compliance with the housinq maintenance
code. The licensee must give notice of the annual inspection to all residents of dwellings
owned bv the licensee.
Subd. 6. Transfer. A +He license is transferable upon application to the director of
public safety, and payment of the license transfer fee by the prospective owner, providod
th3t tho ap3rtmont houco or rontal homo ic in complbnco 'Nith tho housing codo. The
license sRaU terminate~ if renewal or application for transfer is not made within 30 days
aftef before transfer of ownership of the apartment house or rental home. (Corroction, 10
29 90).
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Subd. 5. Liconco: Sucponcion: Rovocation. ^ license issuod or roncwod undor this
cubsoction may bo cucpondod upon 3 finding of noncomplbnco '.^.lith this subcoction by tho
diroctor of public c3f-oty, 3nd writton notico to the liconcoo. Noncomplbnco sh311 includo. 3
dotormin3tion by tho diroctor of public s3f-ety, follmA..ing inspoction, th3t tho promisos 3ro in
viol3tion of tho Houcing Codo. Upon hiluro of tho Licensoo to comply with tho notico of
viol3tion, tho liconso m3Y bo revokod or suspendod in tho m3nnor provided by subsection
1005.21 of thic codo. Tho Liconco m3Y 31so bo rovokod or suspondod upon 3 finding th3t
tho Iiconcoo m3do 3 m3torblly blso ct3toment in tho 3pplic3tion. Roinst3tomont of 3
suspondod Liconso ch311 bo 3ccomp3niod by 3n 3mount oqu31 to 50%of tho Liconso fee.
Iccu3nco of 3 now Liconso 3ftor cusponsion or rovoc3tion sh311 bo m3do in tho m3nnor
providod for obt3ining 3n initi3/liconsc.
407.09. Obligations of licensee. Subdivision 1. Report chanqes in ownership. The
licensee must report to the director of public safety any chanqes in the identity of the
owner, includinq a chanqe in the maiority shareholder or shareholders and officers in the
case of corporations. The licensee must report a change in ownership at least 30 days
before c1osinq.
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Subd. 2. Subd. 6. Liconsos: Displav. Licenses issued under this subsection sfl.a.U
must be displayed on the premises of the apartment house or rental home, wherever
feasible and produced upon demand of a prospective tenant, or the director of publiC
safety. or hic 3uthorizod roprosont3tivo. Excopt 3S other\vico providod in thic cubsoction 311
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provicions of cubcoctionc 1005.11 to 1005.23 of thic coda ::lre ::lpplic::lblo to liconcoc iE:cuod
undor thic subcoction.
Subd. 3. Subd. 7. Tenant reqister. The licensee must sHall, as a continuing
obligation of its license, maintain a current register of tenants and other persons who have
a lawful right to occupancy of apartments within the apartment house or rental home. In its
application, the licensee sHall must designate the person or persons who will have
possession of the register; and sHall must promptly notify the director of public safety of
any change of the identity, address or telephone numbers of such persons. The register
sHall must be available for inspection by the director of public safety, or his docign::lto, at all
times.
Subd. 8. Inspoction. Tho Iiconsoo or tho ::lpplic::lnt, if tho ::lpplic::ltion iE: ponding, sh::lll
pormit tho diroctor of public eaffity or hie docign::lto to ontor upon tho liconcod promicoc,
follo'Ning rO::lcon::lblo ::ldv::lnco notico, for tho purpoco of conducting incpootions to vorify
complbnco with tho houcing codo. S::lid inspoction!:: E:h::lll bo m::ldo ::It cuch frequoncioc ::lS
the diroctor of public c::lfoty sh::lll, in his solo judgmont, doom ::lpproprbto ::lnd nOOOCC::lry.
Subd. 4. Subd. 9. Fees. The fees for licenses required by this subsection. as well as
any penalties. are in the amounts established in AElPpendix 0 of this code. /\ Iiconco f-oe,
or Iiconco tr::lncror f-oo 'Nhioh ic not p::lid on tho d::lto duo ch::lll ~ bo incro::leod by ::l 10 1Qn
percont pon::llty for o::lch month or portion thoroof during whioh c::lid foo rom::linc unp::lid.
Subd. 10. Complbnco with Minnosot::l St::ltutos. Nothing in this subeoction 15
intondod to modify or ::lbrog::lto tho rightc of ton::lnts of ::lp::lrtmontc units or O'NnOrE: of
::lp::lrtment houeoc gr::lntod by Minnosot::l St::ltutoc Soctionc 566.18 to 566.33. Tho city
m::ln::lgor m::lY docign::lto, cubjoct to city council ::lpprov::lI, ::ldminietr::ltore to C::lrry out tho
dutioc ::lccignod by tho court pureu::lnt to c::lid st::ltutOE:.
407.11. Penalty. Subd. 11. Romodios. Any person who violates the provisions of this
SH9section or who makes a materially false statement in tHe a license application, is guilty
of a misdemeanor. In ::lddition, t Ihe city may enforce the provisions of this SH9section in
any court of competent jurisdiction in law or equity.
Subd. 12. Report. Prior to J::lnu::lry 1, 1992, tho city m::ln::lgor E:h::lll cubmit to tho city
council ::l roport on regul::ltory ::lctivitios of tho city undort::lken pursu::lnt to thiE: E:ubcoction.
Tho roport sh::lll includo: tho numbor of liconcod gr::lntod; tho number of ront::ll homm:,
::lp::lrtmontc ::lnd ::lp::lrtmont unitc liconcoc; recommondod ::lmondmonte to tho ordin::lnco:
recommondod ::ldjuctmonts to city st::lft to onE:uro c::ltisK1ctorj onforcomont; ::l E:umm::ll)'
doscription of onforcomont ::lctivitioc undort::lkon to enforco tho proviE:ionE: of this
subsection; ::lnd ::lny other inform::ltion or comrr.ontc doomod by tho m::ln::lger to bo
::lpproprbto. (/\ddod, Subsoction 105: 25, Bill NO.1 989 9)
Section 22. Subsections 407.13 and 407.15 of the Richfield City Code are added to
read as follows:
407.13. Provisional Licenses. Subdvision 1. When required. Licensed multiple dwellings
that have qenerated an average of over .5 police or fire calis per dwellinq unit in a
precedinq six month period as specified below are eliqible only for provisional licenses.
(a) Police and fire calls that are counted in determininq whether a
provisional license is required include the followinq types of calls or events:
ill Calls or events listed in subsection 407.15. subdivision 1;
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ill Calls or events cateqorized as part one crimes in the Uniform
Crime Reportinq System. including homicide. rape. robbery.
agqravated assault. burglary. theft. auto theft and arson;
.Q.l Calls or events cateqorized by the police department as:
miscellaneous iuvenile status crimes. liquor offenses or curfew
violations; disturbinq the peace or harassinq communications;
property damage; criminal damage to property or trespass; fire
alarms as desiqnated by the fire chief; public disturbance or
disorderly conduct loud party or noise complaints; disorderly
iuveniles; assault in the fifth degree or non-domestic related
assaults. The director of public safety will maintain for public
inspection a description of the coding system and a list of the
codes and crimes included within each of these cateqories of
calls or events;
f1l The director of public safety has the discretion to count multiple
incidents as a sinqle call and to exclude certain incidents in
appropriate cases.
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(b) Calls will not be counted for purposes of determining whether a
provisional license is required where the victim and suspect are "family or household
members" as defined in the Domestic Abuse Act. Minnesota Statutes. section 5188.01,
subdivision 2 (b) and where there is a report of "domestic abuse" as defined in the
Domestic Abuse Act. Minnesota Statutes. section 5188.01. subdivision 2 (a).
(c) Calls will not be counted for purposes of determininq whether a
provisional license is required where calls are made as defined in Minnesota Statutes.
section 5048.205.
(d) The city will provide by mail to each licensee a monthly report of calls
described in subdivision 1 (a) above.
(e) A provisional licensee will be eliqible to apply for a regular license
after police and fire calls are reduced to the level that qualify for a reqular license and have
been maintained at that level for at least 12 consecutive months.
Subd. 2. Mitigation plan.
(a) The applicant for a provisional license must submit for council reviewal
mitiqation plan for the license period. The mitigation plan must describe steps proposed
by the applicant to reduce the number of police and fire calls described in subdivision 1.
paraqraph (a), to a level that qualifies for a reqular license. The mitiqation plan may
include. but is not limited to, such steps as: changes in tenant screeninq procedures.
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chanqes in lease terms, security measures, rules and regulations for tenant conduct, and
security personnel.
(b) The application with a proposed mitiqation plan will be presented to the city
council toqether with a recommendation by the director of public safety as to the
disposition of the plan. After givinq the applicant an opportunity to be heard and present
evidence, the council will approve, disapprove, or approve with conditions the application
and the mitigation plan. If the council disapproves an application and mitigation plan or
approves it with conditions, it will state its reasons for so doing in writinq.
(c) The licensee must comply with the mitigation plan as approved or modified
by the council. No later than the tenth day after each calendar month, the licensee will
mail or deliver to the Richfield director of public safety a written report describing all steps
taken in furtherance of the mitiqation plan durinq the preceding month.
Subd. 3. Manager certification.
(a) To qualify for a provisional license, the applicant must provide and maintain
at least one resident manager or on-site manager who is trained under this subsection. To
qualify for a provisional license, the applicant must also provide the name of at least one
responsible party who will be available as a contact 24 hours a day.
(b) Persons may be trained as a resident manaqer or on-site manager who
successfully completes the phase one portion the Crime Free Multi-Housinq Program
provided by a certified law enforcement aqency.
(c) Provisional licenses may be granted to applicants who are not currently
providinq a certified resident or on-site manaqer, and licenses may continue in effect on
the departure of a certified resident manager, on the condition that a resident manaqer or
on-site manaqer reqister for and complete the traininq proqram within 90 days.
407.15. Conduct on licensed premises. Subdivision 1. Disorderly conduct.
(a) It is the responsibility of the licensee to see that persons occupyinq the
licensed premises conduct themselves in such a manner as not to cause the premises to
be disorderly or to take reasonable remedial action when disorderly conduct does occur.
For purposes of this subsection, a premises is disorderly at which any of the following
activities occur:
(1) Violation of laws relatinq to the possession of controlled substances
as defined in Minnesota Statutes, section 152.01, subdivision 4.
(2) Violation of Minnesota Statutes, section 609.72 (disorderly conduct)
and section 925.01, subdivision 3 of this code (public nuisances).
(3) The unlawful sale of intoxicating liquor or 3.2 percent malt liquor.
(4) Violation of Minnesota Statutes, sections 609.755 and 609.76 (laws
relatinq to gambling).
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(5) Violation of laws relatinq to prostitution as defined in Minnesota
Statutes. section 609.321 and acts relatinq to prostitution.
(6) Unlawful use or possession of a firearm or weapon in violation of
Minnesota Statutes. sections 609.66, 609.67. 624.713 or section 920 of this
code.
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(7) Violation of Minnesota Statutes, section 609.50 (interference with a
peace officer).
(8) Violation of Minnesota Statutes, section 609.705 (unlawful assemblv).
(9) Violation of Minnesota Statutes. section 609.71 (riot).
(10) Violation of Minnesota Statutes. section 609.713 (terroristic threat).
(11) Violation of Minnesota Statutes, section 609.715 (presence at
unlawful assemblv).
(12) Violation of the followinq sections of this code: 930.13 (motor
vehicles), 930.15 (doqs), 930.19 (horns), 930.21 (radios) and 930.29 (noisy
gatherings) .
Subd. 2. Enforcement and administration.
(a) The director of public safety is responsible for enforcement and I
administration of this section. The director of public safety may deleqate authority to take
any action authorized under this section.
(b) Upon determination bv the director of public safety that a licensed premises
was used in a disorderlv manner, as described in subdivision (1). the director of public
safety will qive notice to the licensee of the violation and direct the licensee to take steps
to prevent further violations.
(c) If a second instance of disorderlv use of the licensed premises occurs within
three months of an incident for which a notice in paraqraph (b) was qiven. the director of
public safety will notify the licensee of the violation and will require the licensee to submit a
written report of the actions taken, and proposed to be taken, by the licensee to prevent
further disorderly use of the premises. This written report must be submitted to the
director of public safety within five days of receipt of the notice of disorderly use of the
premises and must detail all actions taken by the licensee in response to all notices of
disorderly use of the premises within the preceding three months.
(d) If a third instance of disorderlv use of the licensed premises occurs within
three months after any two previous instances of disorderly use for which notices were
qiven to the licensee pursuant to this subsection. the rental dwellinq license for the
premises may be denied. revoked, suspended or not renewed. The director of public I
safety will initiate an action to deny. revoke, suspend. or not renew a license under this
section. The director of public safety will qive written notice to the licensee of a hearing
before the city council to consider such denial. revocation. suspension or nonrenewal.
Such written notice will specify all violations of this section and state the date. time, place
and purpose of the hearinq. The hearing will be held no less than ten days and no more
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than 30 days after qivinq such notice. Followinq the hearinq. the council may deny,
revoke. suspend or decline to renew the license for all or any part or parts of the licensed
premises or may grant a license upon such terms and conditions as it deems necessary to
accomplish the purposes of this section.
(e) After a third instance of disorderly use of the licensed premises as defined in
paragraph (d), the director of public safety may place the rental dwelling license into
provisional license status under section 407.13. A licensee may request the director of
public safety to reconsider the determination to place the license into provisional status if
the licensee disputes the occurrence of a third instance of disorderly use of the licensed
premises. A request for reconsideration must be submitted in writinq to the director of
public safety within 10 days after the licensee has received notice that the license will be
placed into provisional status.
(f) If a licensee brinqs an eviction action aqainst a resident as a result of
disorderly conduct as defined in this section, and the licensee does not prevail in the
eviction action, the instance of disorderly conduct will be excluded by the director of public
safety for enforcement purposes under this subdivision.
(g) For purposes of this subsection. second and third instances of disorderly use
will be those which:
ill occur at the same rental unit; or
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involve residents at the same rental unit; or
involve guests or invitees at the same rental unit; or
ffi involve quests or invitees of the same resident; or
ill.l involve the same resident.
(h) A license may not be denied. revoked. suspended or not renewed when the
instance of disorderly use of the licensed premises occurred durinq the pendency of
eviction proceedinqs (unlawful detainer) or within thirty days of notice given by the
licensee to a resident to vacate the premises when the disorderly conduct was by that
resident or by other occupants or guests of the resident's unit. An action to deny. revoke.
suspend. or not renew a license based upon violations of this section may be postponed
or discontinued at any time if the director of public safety determines that the licensee has
taken reasonable and appropriate measures in an attempt to prevent further instances of
disorderly use.
(i) A determination that the licensed premises have been used in a disorderly
manner as described in subdivision 1 will be made upon substantial evidence to support
such a determination. It is not necessary that criminal charqes be brought in order to
support a determination of disorderly use. Dismissal or acquittal of a criminal charqe is not
a bar to denial. revocation, suspension or non-renewal of a license under this section.
(i) All notices given bv the city under this section will be personally served on
the licensee, sent by registered mail to the licensee's last known address, or. if neither
method of service effects notice, by posting on a conspicuous place on the licensed
premIses.
(k) Enforcement actions provided in this section are not exclusive. and the city
council may take any action with respect to a licensee. a resident. or the licensed
premises as is authorized by this code or state law.
Section 23. Subsection 405.26 of the Richfield City Code is amended to read as
follows:
Section 408 - Certificate of housing maintenance compliance for sinqle and two
family homes
408.01 105.26. Cortific3to of housinq m3inton3nco complbnco Tor single 3nd two
bmily homoc. Subdivision 1. Certificate required.
(a) No single or two-family structure or dwelling unit which is a part of a multiple
dwelling located within the city may be voluntarily conveyed for consideration by deed or
contract for deed after October 1. 1990, unless the person relinquishing ownership or the
agent of such person has first applied for and secured a certificate of housing
maintenance compliance. (/\monded, Bill NO.1 990 3)
(b) This Stffisection sRaU does not apply to any apartment house or rental home
licensed under Stffisection 105.25 407 of this code, and ch311 h3ve has no effect upon the
provisions of law or other ordinances related to the issuance of building permits.
Subd. 2. Application and inspection.
(a) Application for the certificate of housing maintenance compliance sRaU must
be executed upon forms provided by the city and accompanied by the initial fee
established in appendix D of this code.
(b) Upon receipt of a properly executed application the director of public safety
sRaU will cause an inspection to be made of the premises to ensure the structure is in
compliance with applicable provisions of subsections 405.01 through 405.19 of this code
(the housing maintenance code).
Subd. 3. Issuance of certificate. If the structure is in compliance with the
requirements of the housing maintenance code, a certificate sRaU will be issued to the
person relinquishing ownership or the agent thereof, stating that the structure has been
inspected and is in compliance with the housing maintenance code. During the period of
one year following its issuance, a certificate may be accepted by the city in satisfaction of
the requirements of this Stffisection without the need for a second inspection.
Subd. 4. Appeal. A determination that the structure is not in compliance with the
housinq maintenance code may be appealed in the manner provided in section 405.05,
subd. 2(b).
Subd. Q 4. Occupancy prohibited. The person relinquishing ownership or their
designated agent sRaU must obtain the certificate from the city prior to transfer of
ownership. The prospective owner sRaU may not occupy the structure prior to issuance of
the certificate. except pursuant to subdivision ~Q.
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Subd. Q a. Occupancy. A person may be granted permission to occupy a dwelling
prior to issuance of the certificate upon the approval of the director of public safety. The
approval sRaU may be based upon undue hardship or other extraordinary or exceptional
circumstances, provided that no such occupancy constitutes an immediate hazard.
Approval sRaU will not be given until the prospective owner or designated agent has filed
on forms supplied by the city, a statement of intent to comply with the housing
maintenance code. Compliance dates in the statement of intent to comply sRaU will be
established by the director of public safety. Failure to make the required corrections by the
compliance dates sh.3/1 constitute is a violation of this code and sRaU will render void any
approval given pursuant to this subdivision.
Subd. Z e. Additional inspections. If following the issuance of a certificate, the city
finds by complaint or otherwise that the structure may be maintained in a substandard
manner, a new inspection will be required in order to satisfy the requirements of this
stffisection.
Subd. ~ +. No warranty by city. By enacting and undertaking to enforce this
stffisection neither the city nor its council, agents or employers warrant or guarantee the
safety, fitness or suitability of any dwelling in the city, and any representation to the
contrary by any person is a misdemeanor. Purchasers or occupants should take whatever
steps they deem appropriate to protect their interests, health, safety and welfare prior to
purchase or occupancy of the dwelling, without reliance on this certificate. A warning in
substantially the foregoing language sRaU will be printed on the face of the certificate.
Subd. 8. Report. Prior to J.3nu.3ry 1, 1992, the city m.3n.3ger sh.311 submit to the city
council .3 report on the regul.3tory .3ctivitieE of the city undert.3ken purcu.3nt to this
subsection. The report sh.311 include: the number of certific.3tes issued; recommended
3mendments to the ordin.3nco; recommended .3djuEtments to city st.3ft to ensure .3dequ.3te
enforcement; .3 summ.3ry deccription of enforcement .3ctivitiec undort.3ken to enforce the
provisions of this section; .3nd .3ny other inform.3tion or comments deemed by the m.3n.3gcr
to be .3ppropri.3te.
Subd. 9. Remedies. Any person who violates the provisions of this stffisection, or
who makes a knowingly false statement in the application, is guilty of a misdemeanor. In
addition, the city may enforce the provisions of this section in any court of competent
jurisdiction in law or equity. (^dded, Subsection 105.26, Bill NO.1 989 9)
Section 24. This ordinance is effective in accordance with Section 3.09 of the
Richfield City Charter.
Passed by the City Council
January, 2002.
of the City of Richfield, Minnesota this 8th day of
~d~N W
Martin J. k.l~eh, Mayor
ATTEST: LA :U
'--11.r.vv,-,< /( A' / ~L./
Nancy Gibbs,~ity Clerk
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SUMMARY PUBLICATION
Bill NO. 2002-3
The City Council of the City of Richfield has adopted Ordinance No. 2002-3. The ordinance
amends Section 405 of the Richfield City Code. The Ordinance provides a housing
maintenance code which sets minimum standards for housing within the City in order to
protect the public health, safety and welfare. The ordinance also sets standards for
inspection and licensing of rental housing. The full text of Ordinance No. 2002-3 is available
for inspection at Richfield City Hall during regular business hours.
Passed by the City Council of the City of Richfield, Minnesota this Str.1a ayy \' '(If g ~ary, 2002.
~A)~
Martin J. Kirss;b.(Mayor
ATTEST:
ClaY
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1
newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Gene Carr, being duly sworn on an oath states or affirms, that he is the publisher of the news-
paper known as Sun-Current , and has full knowledge of the facts stat-
ed below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. ~331A.02, ~331A.07, and other applicable
laws, as amended.
(B) The printed public notice that is attached was published in the newspaper once each week,
for ~ successive weeks; it was first published on Wednesday, the -1L day of
January , 2002, and was thereafter printed and published on every Wednesday to and
including Wednesday, the _ day of , 2002; and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being
the size and kind of type used in the composition and publication of the notice:
'~
d:J
abcdefghijklmno pqrstuvwxyz
BY:
President and Publisher
Subscribed and sworn to or affirmed before me
, r
o. n this ~ day of ..1'2002.
'~ 'X (
Notl~tb:~~~~0Nt~;"N'^:'(~ uoJ
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RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
$
2.85 per line
(2) Maximum rate allowed by law
$
6.20 per line
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(3) Rate actually charged
$
1.40 per line
I' City of Richfield
I (Official Publication)
f - SUMMARY PUBLICATION
I Bill NO. 2002-3 I
I The City Council of the City of Richfield has adopted Or. I ,
dinance No. 2002.3. The ordinance amends Section 405 of
I the Richfield City Code. The Ordinance provides a hOUS')
ing maintenance code which sets minimum standards for.
housing within The City in order to protect the public.
health, safety and welfare. The ordinance also sets stan.'
dards for inspection and licensing of rental housing. The
full text of Ordinance No. 2002.3 is available for inspection
at Richfield City Hall during regular business hours.
,
Passed by the City Council of the City of Richfield, Min.'J I
nesota this 8th day of January, 2002. i
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Martin J. Kirsch, Mayor
ATTEST:
Nancy Gibbs, City Clerk
(<!an. 16, 2002)D2/2002.3