2015-12 BILL NO. 2015-12
AMENDMENT TO RICHFIELD CITY CODE RELATED TO HOUSING
MAINTENANCE
AMENDING Subsection 405.04, Subdivisions 2; Subsection 405.05,
Subdivision 8; Subsection 405.07, Subdivision 2 (a) and (b) and
Subdivision 3 (a); Subsection 405.11, Subdivision 6; Subsection 405.13,
Subdivision 5; Subdivision 405.15, Subdivision 3; Subsection 405.17;
Subsection 406.01, Subdivision 3; Subsection 407.09, Subdivisions 2, 3, 4,
and 5; Subsection 407.13, Subdivisions 1(b) and 1(d); Subsection 408.01,
Subdivision 2 (b) and Subdivision 6; and repealing Subsection 405.17 (b)
(c) (d) (e) (f) and (g).
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1 Subsection 405.04, Subdivision 2 of the Richfield City Code is
amended to read as follows:
Subd. 2. Minnesota state statutes. Nothing in this section is
intended to modify or abrogate the rights of tenants or landlords
granted by Minnesota Statutes, chapter 405B. The director of
community development may designate, subject to the city council
approval, administrators to carry out the duties assigned by the
court pursuant to said statute.
Section 2 Subsection 405.05, Subdivision 8 of the Richfield City Codes is
amended to read as follows:
Subd. 8. "Enforcement officer" means the director of community
development or the director's designee.
Section 3 Subsection 405.07, Subdivision 2 (a) of the Richfield City Codes 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, or
may be posted on the property where the violation exists. 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.
Section 4 Subsection 405.07, Subdivision 2 (b) of the Richfield City Codes is
amended to read as follows:
Subd. 2. Violations. (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 community development 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 requirement
under this section would cause undue hardship. A hearing will be
held within 20 days after the director of community development
receives the written request for an appeal. The director of
community development or the director's designee 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 enforcement officer or other
city staff. The director of community development or the director's
designee will issue a written decision to the appealing party ande
build- e#icial within ten days of the hearing.
Section 5 Subsection 405.07, Subdivision 3 (a) of the Richfield City Codes is
amended to read as follows:
Subd. 3. Prosecution and reinspection fee.
(a) Prosecution for any violation of this section will not be
commenced unless notice under subdivision 2 of this subsection
has been mailed or posted on the property where the violation
exists 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.
Section 6 Subsection 405.11, Subdivision 6 of the Richfield City Codes is
amended to read as follows:
Subd. 6. Heating. Every dwelling 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 68 degrees Fahrenheit, at a distance three
feet above floor level and three feet from an exterior wall.
Section 7 Subsection 405.13, Subdivision 5 of the Richfield City Codes is
amended to read as follows:
Subd. 5. Plumbing fixtures. Plumbing fixtures and water and waste
pipes must be properly installed and maintained in good, sanitary
working condition, free from defects, leaks and obstructions,
properly vented and in good repair.
Section 8 Subsection 405.15, Subdivision 3 of the Richfield City Codes is
amended to read as follows:
Subd. 3. (d) Minimum Height. Habitable rooms, hallways, and
bathrooms, and basements must have a ceiling height of not less
than seven feet. Habitable basements must have a ceiling height
of no less than 6 feet 4 inches. Beams may project not more than
six inches below the required ceiling height. Not more than 50
percent of the required floor area is permitted to have a sloped
ceiling less than seven feet in height with no portion of the required
floor area less than five feet in height. The building official may
approve a reduced ceiling height for existing buildings.
Section 9 Subsection 405.17 of the Richfield City Codes is amended to read
as follows:
405.17. Responsibilities of owners and-residents.
Section 10 Subsection 406.01, Subdivision 3 of the Richfield City Codes is
amended to read as follows:
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 community development within ten dayus fo
the denial of the permit. If a notice is not filed with the director of
public safety community development within ten days of the denial,
the council has the discretion to accept or reject 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, including witness testimony,
relevant to the permit denial. The council may affirm or reverse the
permit denial or issue conditions which must be met before a permit
will be issued.
Section 11 Subsection 407.09, Subdivision 2 of the Richfield City Codes is
amended to read as follows:
Subd. 2. Local Property Manager Required. The licensee must
have a local manager for the property. The local manager must
reside within the seven-county metro area (Hennepin, Ramsey,
Anoka, Dakota, Carver, Washington, or Scott). The licensee must
provide current contact information for the local manager to the
director and report any change in local manager within three
business days.
Section 12 Subsection 407.09, Subdivision 3 of the Richfield City Codes is
amended to read as follows:
Subd. 2. 3. Display. Licenses issued under this subsection must
be displayed on the premises of the apartment house or rental
home, wherever feasible and produced upon demand of a
prospective or current tenant or the director.
Section 13 Subsection 407.09, Subdivision 4 of the Richfield City Codes is
amended to read as follows:
Subd. &4. Tenant register. The licensee must, 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
dwelling units within the apartment house or rental home. In its
application, the licensee must designate a person or person who
will have possession of the register; and must promptly notify the
director of any change of the identity, address or telephone
numbers of such person. The register must be available for
inspection by the director at all times.
Section 14 Subsection 407.09, Subdivision 5 of the Richfield City Codes is
amended to read as follows:
Subd. 4. 5. Fees The fees for licenses required by this
subsection, as well as any penalties, are in the amounts
established in appendix D of this code.
Section 15 Subsection 407.13, Subdivision 1 (b) of the Richfield City Codes is
amended to read as follows:
Subd. 1 (b) Failure of licensee to renew rental license by February
15.
Section 16 Subsection 407.13, Subdivision 1 (d) of the Richfield City Codes is
amended to read as follows:
Subd. 1 (d) Knowingly operating a rental property in violation of
the provisions of the housing maintenance code or the zoning
regulations of the city, eincluding, without limitation occupancy
requirements.
Section 17 Subsection 408.01, Subdivision 2 (b) of the Richfield City Codes is
amended to read as follows:
Subd. 2. (b) Upon receipt of a properly executed application, the
director of public safety community development, or his/her
designee, will cause an inspection to be made of the premises to
ensure the structure is in compliance with applicable provisions of
subsections 105.01 through 405.23 Section 405 of this code (the
housing maintenance code).
Section 18 Subsection 408.01, Subdivision 6 of the Richfield City Codes is
amended to read as follows:
Subd. 6. 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 community development, or
his/her designee. The approval may be based upon undue
hardship or other extraordinary or exceptional circumstances,
provided that no such occupancy constitutes an immediate hazard,.
as determined by the director or his/her designee. Approval 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 and submitted the required escrow.
Compliance dates in the statement of intent to comply will be
established by the director of community
development, or his/her designee.
Section 19 The Richfield City Code is amended by repealing Subsection
405.17, Subdivisions (b), (c), (d), (e), (f), and (g) are repealed.
Section 20 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 27th day of
October, 2015.
r
lebbie Goettel, Mayor
ATTEST:
Elizabeth Van o•se, City Clerk
AFFIDAVIT OF PUBLICATION City of Richfield
(Official Publication)
STATE OF MINNESOTA )ss SUMMARY PUBLICATION
COUNTY OF HENNEPIN BILL NO.2015-12
AN ORDINANCE AMENDING
Charlene Vold being duly sworn on an oath, SUBSECTIONS 405A4,
g y SUBDIVISIONS 2;SUBSECTION
states or affirms that he/she is the Publisher's 405.05,SUBDIVISION 8;
Designated Agent of the newspaper(s)known SUBSECTION 405.07,
as: SUBDIVISION 2(A)AND(B)AND
SUBDIVISION 3(A);SUBSECTION
405.11,SUBDIVISION 6;
SC Richfield SUBSECTION 405.13,
SUBDIVISION 5;SUBDIVISION
with the known office of issue being located 405.15,SUBDIVISION 3;
in the county SUBSECTION 405.17;
y of: SUBSECTION 406.01,
HENNEPIN SUBDIVISION 3;SUBSECTION
with additional circulation in the counties of: 407.09,SUBDIVISIONS 2,3,4,
HENNEPIN AND 5;SUBSECTION 407.13,
and has full knowledge of the facts stated SUBDIVISIONS NAND
g 1(D);SUBSECTION 408.01,
below: SUBDIVISION 2(B)AND
(A)The newspaper has complied with all of SUBDIVISION 6;AND
the requirements constituting qualifica REPEALING SUBSECTION 405.17
tion as a qualified newspaper as provided (B)(C)(D)A (F) AND(G).
q p RELATED TO
by Minn. Stat.§331A.02. HOUSING MAINTENANCE
(B)This Public Notice was printed and pub- This summary of the ordinance is
lished in said newspaper(s) once each published pursuant to Section 3.12
week, for 1 successive week(s); the first of the Richfield City Charter.
insertion being on 11/05/2015 and the last This ordinance revises rules re-
g lated the administration of Hous-
insertion being on 11/05/2015. ing Maintenance. In general,these
changes primarily address minor
MORTGAGE FORECLOSURE NOTICES technical issue and clarify existing
Pursuant to Minnesota Stat. §580.033 language related s to portions of the
City Code relating to the regulation
relating to the publication of mortgage and administration of housing in-
foreclosure notices: The newspaper complies spections.
with the conditions described in §580.033, Summary proposed changes:
(1) or(2). If the newspaper's •Replasa of references to"ditoctof
subd. 1, clause
( ) ( ) of public safety" with "director of
known office of issue is located in a county community development"or"direc-
adjoining the county where the mortgaged tor of community development, or
premises or some part of the mortgaged the director's deests een
•Include posting of notice of vio-
premises described in the notice are located, lation on the property for service of
a substantial portion of the newspaper's notice.
circulation is in the latter county. • Clarification of minimum stan-
dards for basic equipment and in-
stallation.
B V D for sc
• Update of minimum standards
for basic equipment and installation
By: to reflect current State Codes.
Designated Agent •Clarification of Responsibilities
of owners and residents.
Subscribed and sworn to or affirmed before • Require a local property man-
me on 11/05/2015 by Charlene Vold. ager for all rental properties.
• Clarification of occupancy re-
lating to the certificate of housing
maintenance compliance for single-
and two-family homes.
J a F `i -``— Copies of the ordinance are
available for public inspection in
Notary Public the City Clerk's office during normal
business hours or upon request by
calling the Department of Commu-
nity Development at(612)861-9760.
wwvV VVVVVV., /g/
°``0` '•o DARLENE MARIE MACPHERSON` Elizabeth VanHoose,City Clerk
"`` I 11/5/15,3SC2,
,r 7= Notary Public-Minnesota
\. a = ry Bill No.2015-12,468368
*•ri., , My Commission Expires Jan 31,2018
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