2007-25
BILL NO. 2007-25
AN ORDINANCE RELATING TO ENFORCEMENT OF THE
HOUSING CODE; RELATING TO APPEALS OF HOUSING CODE
VIOLATIONS, SANITATION REQUIREMENTS, AND MINIMUM
SPACE AND OCCUPANCY REQUIREMENTS; AMENDING
SUBSECTIONS 405.07, 405.09 AND 405.15 OF THE RICHFIELD
CITY CODE
THE CITY OF RICHFIELD DOES ORDAIN
:
Section 1. Subsection 405.07, subdivision 2 of the Richfield City Code is amended
to read as follows:
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 by United States mail
to the last known address of such person. The mailed notice will give the licensee,
owner, or operator a 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 of a rental property or an owner or resident of a non-rental
property may appeal a determination that a violation of this section exists. The
licensee, owner, or resident must submit a written request for an appeal to the
director of public safety within ten days after receiving 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 incorrectly interpreted;
that the provisions of this section do not apply, that the requirements of this section
are adequately satisfied by other means, or that strict application of a requirement
under this section would cause undue hardship. A hearing 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 hearing official and will consider all
relevant evidence, documents, and verbal presentations submitted during the
hearing by both the licensee, owner, or resident and the building official. The
director of public safety will issue a written decision to the licensee appealing party
and the building official within ten days of the hearing.
(c)Penalty. If a notice of violation has been given to the licensee under paragraph (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.
Sec. 2. Subsection 405.09, subdivision 3 of the Richfield City Code is amended to
read as follows:
Subd. 3. Flush toilet. Every dwelling unit except as otherwise permitted under
subdivision 5 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. A dwellino unit must contain one room meetino the
requirements of this subdivision for each four sleepino rooms (as defined in
subsection 405.15 of this code).
Sec. 3. Subsection 405.15 of the Richfield City Code is amended to read as
follows:
405.15 Minimum space. use and location requirements. Subdivision. 1. Purpose.
This reoulation aims to set occupancy limits for all housino in the City. both rental
and owner occupied. This is necessary to prohibit and deter residence situations
that stress the limits of a home. its neiohbors and all its buildino systems bv havino
too many individuals livino in a structure that was not intended to handle laroe
numbers of occupants and by preventino neoative health impacts on individuals
livino in overcrowded residences. The City Council finds that over occupancy of
residences neoatively impacts the health. safety and welfare of the community.
Subd. 2. 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 f-ollO'vving requirements.;. of this subsection. The total number of
persons occupyino the dwellino or dwellino unit must not exceed the maximum
requirements established by this subdivision. The maximum number of occupants
for any dwellino or dwellino unit shall be determined accordino to Table 1 below.
For purposes of this subsection. a "sleepino room" includes rooms that by desion
and layout are intended as bedrooms. A "sleepino room" does not include kitchens.
bathrooms. hallways. closets or multiple purpose rooms. A multiple purpose room
includes a livino room. dinino room. den or other room that by desion or layout is
not intended as a bedroom. but that is otherwise habitable. For purposes of this
subsection. "occupant" is defined as an individual residino therein.
Table 1:
Room Area in s . ft.
70 or more but less than 120
120 or more but less than 180
180 or more
At least one room 120 or more
unit
Subd. 3. Minimum Requirements
(a) Minimum Area. Every dwelling unit must contain have at least 4aO one
habitable room that must have not less than 120 square feet of oross floor
space for the first resident thereof and at least 100 3dditional square feet of
floor space to be calculated on the basis of total h3bit:lble room area~.:.
(b) Other Rooms. Other habitable rooms must have a qross floor area of not
less than 70 square feet. Kitchens must have not less than 50 square feet of
qross floor area. in every d'Nelling unit of two or more rooms, e'y'ery room
intended as a bedroom or one resident must contain at least 70 square feet
of floor space, and every room intended as a bedroom for more than one
resident must contain at least 50 square feet of floor space for each resident
thereof;
(c) Minimum Dimensions. Habitable rooms must not be less than seven feet in
any horizontal dimension.
@ Minimum Heiqht. Habitable rooms, hallways, bathrooms, and basements
must have a ceilinq heiqht of not less than seven feet.. Beams may proiect
not more than six inches below the required ceilinq heiqht. Not more than 50
percent of the required floor area is permitted to have a sloped ceilinq less
than seven feet in heiqht with no portion of the required floor area less than
five feet in heiqht. The buildinq official may approve a reduced ceilinq heiqht
for existinq buildinqs.
!m Minimum Arranqements. No dwelling or dwelling unit containing two or more
sleeping rooms may have sooA- room arrangements such that access to a
bathroom or water closet compartment intended for use by residents of more
than one sleeping room can be had only by going through another sleeping
room; nor wi>> may room arrangements be such that access toa 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 must have a ceiling
height of at least seven feet; and the floor area of that part of any room
'",hero the ceiling height is less than five feet 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 .
ill Basement Space. Ne No basement space may be used as considered a
habitable sleepinq room or dwelling unit unless:
(1) the floor and 'Nalls are impervious to leakage of underground and
surface runoff water and arc insulated against dampness. The room
has an emerqency escape openinq which is maintained in accordance
with the code in effect at the time the sleepinq room was created.
Basement sleepinq rooms in existence prior to April 8, 1968 shall have
at least one exterior door. or window that complies with the followinq:
@l provides a minimum net clear openinq of not less than 5 square
feet with no dimension less than 22 inches; and
fQl the sill heiqht is not over 48 inches above the floor.
(2) The total window afea in each room is equal to at least the minimum
window area sizes as required in subsection 405.11; and
(3) The total of openable 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.
Subd. 4. Exception. A child aqed two years or younqer is not considered a
person or occupant for the purposes of calculatinq maximum occupancy under this
subsection.
Section 3. This ordinance is effective ,in accordance with Section 3.09 of the
Richfield City Charter.
Passed by the City Council of the City of Richfield, Minnesota this 11th day of
December 2007.
~<~U4J)
e bie Goettel, Mayor
ATTEST:
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newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
Richard Hendrickson, being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper known as
Richfield Sun-Current
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. S331A.02, S331A.07,
and other applicable laws as amended.
(8) The printed public notice that is attached
was published in the newspaper once
each week, for _.9.D~__ successive
week(s); it was first published on Thurs-
day, the ~ day of December ,
2007, and was thereafter printed and
published on every Thursday to and in-
cluding Thursday, the _____ day of
,2007; and printed
below is a copy of the lower case alpha-
bet 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:
abcdefghijkl mnopq rstuvwxyz
~
CFO
Subscribed and sworn to or affirmed
before me on this ~ day of
December ,2007.
f1g~
~ Notary Public
MARY ANN CARLSON
NOTARY PUBUC - MINNESOTA
MY COMMISSION EXPIRES 1-3H19
RATE INFORMATION
(1) Lowest classified rate paid by
commercial users $ 2.85 per line
for comparable space
(2) Maximum rate allowed by law
$ 6.20 per line
(3) Rate actually charged
$ 1.30 per line
City of Richfield
(Official Publication)
SUMMARY PUBLICATION
BILL NO. 2007-25
AN ORDINANCE RELATING TO ENFORCEMENT OF
THE HOUSING CODE; RELATING TO APPEALS OF
HOUSING CODE VIOLATIONS, SANITATION
REQUIREMENTS, AND MINIMUM SPACE AND
OCCUPANCY REQUIREMENTS; AMENDING
SUBSECTIONS 405.07, 405.09 AND 405.15 OFTHE
RICHFIELD CITY CODE
On December 11, 2007, the Richfield City Council
adopted an ordinance designated as Bill No. 2007-25, the
title of which is stated above. This summary of the ordi-
nance is published pursuant to Section 3.12 of the Rich-
field City Charter. The ordinance establishes maximum
occupancy limits for residential dwellings based in gener-
al upon the size and number of sleeping rooms in the
dwelling. The ordinance establishes minimum dimensions
in area and height for habitable rooms. It requires egress
windows for basement sleeping rooms and a half bath for
every four sleeping rooms in a dwelling. Copies of the or-
dinance are available for public inspection in the office of
the City Clerk during normal business hours or upon re-
quest by calling 612-861-9800 of the Public Safety De-
partment.
Adopted by the City Council of the City of Richfield,
Minnesota this 11th day of December, 2007.
/s/ Nancy Gibbs, City Clerk
(Dec. 20,2007) d2-Bill 2007-25