04-06-87 agendaCITY OF RICHFIELD, MINNESOTA
Study Session Letter No. 14
Agenda April 6, 1987
Issue Statement:
Consideration of Disposition of Fees for VFW Loyalty Day Parade
Background:
The VFW has requested permission to conduct a Loyalty Day Parade
on Saturday, May 2. Two issues related to the parade included
the parade route, and the disposition of the cost of parade
related expenses. The route issue appears to have been resolved.
Initially, the VFW wanted the parade to be held on 66th Street. ?.
However, given the normal traffic flow for that particular day
and the absence of a safe alternative routing, they have agreed
to relocate the parade to Lyndale Avenue. It should be noted
that while the 4th of July parade is normally held on 66th
Street, there is significantly less traffic on the 4th of July
than at other times during the year. Allowing the parade to be
held on 66th Street during the time requested by the VFW would
require relocation of well over 1,000 cars per hour onto side
streets.
The second issue, which has not been resolved, is the handling of
parade related expenses. Since this is not a city sponsored
event, the City Council must determine how the parade related
expenses will be handled. If the city agrees to absorb the cost
of all parades, we may be in a position of incurring more
expenses than desirable for the city, since we would be required
to absorb expenses for anyone who wishes a parade, even those
organizations who may not be community centered. Parade related
expenses are expected to be approximately $500. The costs are
related to rental of barriers for that day; rental of barriers is
cost effective when compared with other alternatives to traffic
control.
Recommendation:
Staff has been advised that the city council does not want the
VFW to absorb these costs. The costs can be absorbed within the
city budget. However, it is an unanticipated cost. The city
should develop a policy so that we will not be required to absorb
parade related costs for any parade, nor place ourselves in the
position of discriminating against certain groups for not
absorbing costs of other parades.
Discussion/Decision Mode:
This item will be presented for council discussion at the April
6, 1987 council study session.
Respectf lly submitted,
Jam D. Prosser
Cit Manager
JDP/eja
CITY OF RICHFIELD, MINNESOTA
Study Session Letter No. 13
Agenda April 6, 1987
Issue Statement:
Consideration to Authorize Don Priebe to represent the City of
Richfield at the annual NOISE Conference.
Background:
NOISE is 'a national organization directed at providing a forum
for discussions of issues related to airport noise. NOISE
conducts an annual conference for the purpose of sharing
information relating to efforts to control airport noise. The
NOISE conference will be held at Kenner, Louisiana, May 1 and 2.
Recommendation:
Authorize Don Priebe to attend the NOISE meeting for the City of
Richfield, and reimburse his expenses estimated to be $400.
Basis for Recommendation:
1. Don Priebe is a representative to MASAC for the City of
Richfield.
2. Our other representative to MASAC, Council Member Garcia, has
indicated her support for Don Priebe's attendance at the
meeting.
3. It is critical that the City of Richfield have informed
representation at that meeting, especially considering the
proposed extension of Runway 4-22.
4. Don Priebe is extremely knowledgeable about issues related to
airport noise and is a valuable resource for staff on this
issue.
Alternative Recommendation:
1. Certainly more than one person from the City of Richfield
could attend this meeting. However, from a staff position,
attendance by Don Priebe would be extremely beneficial. Don
Priebe has worked closely with staff on a number of noise
related issues.
Discussion/Decision Mode:
This matter will be presented
session of April 6.
for discussion at the workshop
Jame . Prosser
City Manager
Respectf ly submitted,
JDP/eja
CITY OF RICHFIELD, MINNESOTA
Study Session Letter No. 12
April 6, 1987
Issue Statement:
Discussion concerning proposed revisions to the city's sign
ordinance.
Background:
The regulation of signs is important. Signs are a large part of
the visual environment of the city. They create an image of the
community and if not properly regulated signs can have a
blighting influence on the community. An over abundance of
signs, the lack of the quality in design and construction, and
the improper location of signs can result in the visual
incompatibility of signs with their surroundings, sign clutter,
unsafe signs, traffic safety problems and a poor community image.
Individual business persons also benefit from reasonable sign
regulations. They help improve the image of the business and
create a safer, more comfortable environment for customers and
employees. Good sign regulations allow businesses the
opportunity to advertise their business through signage and can
also make signage more effective with less investment. With
proper regulations, the business person does not have to compete
with the signage around them and can get by with smaller signs.
Good sign regulations benefit all aspects of the community.
The problem we face in Richfield is determining what image we
want to project, what changes need to be made, how should changes
should be made and what the impact of those changes will be on
existing property owners and tenants.
City staff has been discussing revisions to the city's sign
ordinance for a number of years. Attached are draft revisions to
the sign ordinances which have been developed by staff. New
language being proposed is underlined and language to be
eliminated is crossed out.
It is staff's opinion that there are two problem areas in the
city's existing sign regulations. First, there are
administrative problems. The existing ordinance is long, not
well organized, contains conflicting provisions and the standards
for any particular sign are scattered throughout the ordinance.
This makes for difficult understanding and interpreting of the
ordinance by citizens, sign companies and staff. Secondly, we
believe that the ordinance permits unnecessarily excessive
signage.
The intent of the revisions is to clarify and update the city's
existing sign ordinance. Sections have been combined, changed,
or eliminated to simplify interpretation and administration of
the ordinance. Conflicting provisions have been eliminated and
more restrictive standards have been added.
The following is a section by section summary of the provisions
or changes found in the proposed new ordinance:
1. Section 3.47, Definitions Section
The definitions section has been changed to remove standards
from definitions. Definitions have been changed or
eliminated for clarity and to reflect new ordinance
provisions.
Subdivisions concerning permits and licenses have also been
revised to clarify application requirements, exemptions and
applicability.
2. Section 3.48, Traffic Regulations and Sign Location.
The existing Section 3.48 is repealed and a new Section 3.48
added which outlines sign regulations by zoning district.
The new Section 3.48 contains a subdivision outlining signs
which are prohibited in all districts of the city. Signs
which now would be prohibited which were permitted in the
existing ordinance include flashing, motion, roof signs,
portable temporary signs and searchlights.
Signs permitted in all districts include temporary signs
(real estate, garage and estate sale and construction signs).
These signs cannot exceed 6 square feet in area in
residential districts or 32 square feet in commercial
districts. Address, institutional and directional signs are
also permitted in all districts of the city. The existing
ordinance does not specifically mention garage and estate
sale signs, construction signs and directional signs.
Signs permitted in single and two family residential
districts include home occupation or identification signs,
area identification signs and temporary election signs.
Signs permitted in the multifamily residential districts
include identification signs, home occupation signs, area
identification signs, on-site directional signs, temporary
ground signs for churches, schools, nonprofit causes and
veterans organizations and temporary election signs.
Signs permitted in the C-1 limited business district include
identification signs, on-site directional signs, ground
signs, wall, window, canopy and marquee signs and projecting
signs.
Signs permitted in the General Commercial and Industrial
district include those signs permitted in the C-1 district
plus promotional display devices.
Signs permitted in the Planned Unit Development districts are
those which are approved as part of the Planned Unit
Development Plan approval process.
3. Section 3.49, Construction, Design, Location and Maintenance
of Signs
"
Some language has been eliminated and relocated in other
sections for clarity.
The provisions relating to special height and special size
permits have been eliminated. Any sign request for unusual
signs would have to be approved by the City Council.
Language has been added concerning nonconforming signs.
Signs lawfully existing at the time of the passage of the new
ordinance are permitted to remain unless the ownership of the
business changes, and cannot be rebuilt if damaged, unless
damage repair costs are less than 50% of the replacement cost
and cannot be altered unless the alterations are appearance
changes which do not change the area of the sign or the
location of the sign. If the ownership of a business changes
and the new owner wishes to change a nonconforming sign, the
sign must be brought into compliance with the regulations.
Nonconforming signs which are abandoned for two years or more
must be removed.
Outdoor advertising display (billboard) regulations remain
unchanged. The existing roof sign regulations have been
eliminated because they would be prohibited.
10 Temporary ground sign regulations have been added. A permit
would be needed for these signs which would be granted by the
building official rather than requiring all these signs go to
the council for approval. The City would also have the power
to waive fee requirements for nonprofit, civic or religious
institutions or for public bodies.
The major change being proposed is that limits will be placed on
signs on buildings. The existing ordinance has essentially no
limits for signs on a building related to the business within
that building. The new ordinance proposes to prohibit new roof
top signs and limits wall, window, canopy and marquee signs to a
total of 15% of the wall area of the building face they are
attached to. Not included in this 15% restriction are
identification signs (signs listing the address and name of the
business only) and projecting signs. Identification signs and
projecting signs cannot exceed 6 square feet in area. Based on
the new regulations businesses could have the following signs:
1. Wall, window, canopy and marquee signs. The total area of
all these signs together cannot exceed 15% of each face of
the building occupied by the business.
2. One projecting sign not exceeding 6 square feet in area.
3. One identification sign not exceeding 6 square feet in area
per building.
4. In C-1 districts, one fr eestanding sign not exceedi ng 50
squ are feet in area and 27 feet in height would be allowed
for each building. On-site directional signs not exceeding 3
square feet in area or 4 feet in height would also be
permitted.
5. In C-2 districts the total area of all freestanding signs
except directional signs cannot exceed 200 square feet in
area. On-site directional signs cannot exceed 3 square feet
in area or 4 feet in height.
The attached table compares the existing regulations for various
types of signs with those being proposed in the revised
ordinance.
The Planning Commission has been invited to the April 6, 1987
Council Study Session to review and discuss these revisions.
Following this study session, the Planning Commission will be
asked to study the revisions further and make a formal
recommendation to the City Council.
Recommendation:
it is recommended that the City Council and Planning Commission
review and discuss the attached revisions to the city's sign
ordinance, and advise staff if there are other changes which
should be studied or other information which is needed.
Basis of Recommendation:
The basis of the recommendation is that the ordinance revisions
10 are being presented at this time to allow the City Council and
Planning Commission to become familiar with the ordinance
revisions prior to formal public hearings and review of future
meetings.
Alternative Recommendation:
None
Decision Mode:
No formal action is required on the ordinance at this time. A
formal hearing before the Planning Commission is scheduled for
May 19, 1987 and City Council action is tentatively scheduled for
June 8, 1987 and June 22, 1987.
Reyfully submitted,
Ja . Prosser
Ci nager
? ?
•
SIGN ORDINANCES
Final
3/16/87 REVISIONS
3.47. REGULATION OF THE USE OF SIGNS
Subdivision 1. Definitions. The following terms shall have
the meanings ascribed to them in this section and in sections
3.48 and 3.49 of this Code:
(1) "Address Sign" means a sign containing only the
street address of the site or building on which the sign is
located.
(2) "Advertising Sign means a sign the primary
function of which is to direct attention to a commercial product,
commercial service or commercial activity that is sold, offered,
or conducted either elsewhere or upon the premises where such
sign is located, or to which it is affixed.
(3) "Area Identification Sign" means a sign which is
used exclusively to identify any area of common identity such as
a neighborhood, _a multiple residential development, a multiple
commercial or multiple industrial development. The sign may
contain only the name of the neighborhood or multiple residen-
tial, commercial or industrial development.
(4) "Awning" means a hood or cover which is attached
to and projects from a wall of a building which can be retracted,
folded or collapsed.
(5) "Bench Sign" means any sign which is part of or is
affixed to any bench.
{i3}- (6) "Business Sign" means a sign that states the
proper name of the business, organization or institution located
on the premises on which the sign is located.
(7) "Canopy Sign" means a sign which is part of or
attached to any roof-like structure, such as awnings, marquees or
mansard roofs, which is a part of or extends from a building.
(S) "Construction Sign" means a non-illuminated sign
announcing the names of architects, engineers, contractors or
other individuals or firms involved with the financing, construc-
tion, alteration or repair of a building. The sign may also
announce the character of the building enterprise or the purpose
for which the building is intended.
{3}(9) "Sign, Directional Sign," means a sign used
for the purpose of making specific commercial, industrial, or
public and semipublic locations known and to assist in finding
these location.
(10) "Flashing, Traveling or Changing Message Sign"
means a sign with an intermittent or flashing light source, but
excluding those components of signs which give time, date,
temperature, weather or other public service information.
grettnd,&n- rte-own--st-.? -aTd--whieh-4-s--itot - -to. -any
{8}(11) "Ground Sign" means a detaehed sign attached
eeeted-a}lea-o-sxxpo-r#?el--ire-rrrd to the ground on its own
structures and which is not attached to any building.
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(12) "Grade" means the average elevation or level of
the centerline of the closest street which the sign abuts.
(13) "Home Occupation Sign" means a sign identifying
any business operated from a residential dwelling or accessory
structure in a residential zoning district.
(14) "Identification Sign" means a sign identifying the
owner or tenants of a building or portion thereof.
{6}(15) "Illuminated Sign71lluminated" means any sign
}yea-?a i3e --a?-t3-f3 i-a3- ?i-g? -s--e? ?eeteel-e - i4 a--has--art-€eterim
light--_K>ttr- a illuminated either by a light source which is not
part of the sign area (Indirect Illumination) ; or by a source of
light which is part of the sign area (Direct Illumination).
(16) "Institutional Sign" means a round, wall, canopy
or marquee -sign or bulletin board which identifies the public
institution, governmental building, church or other lace of
worship, school, or charitable organization including chartered
veterans organizations located on the site.
(17) "Institutional Directional Sign" means an off-
premise sign directing persons to the location of an institution.
(18) "Motion Sign" means any sign which rotates or has
moving parts, including propeller signs, but excluding banners
and pennants.
(19) "On-site Directional Sign" means a sign used
exclusively to direct pedestrian or vehicle movement on a site.
Such sign may not carry a commercial message.
{4}(20) "Sites on Site Sign" means an advertising
sign which is located upon the premises where the advertised
business activity, use, product, services, entertainment,
commodities are sold, conducted or offered and which does not
come within the definition of outdoor advertising display" as
defined in paragraph (5) of this subdivision. Sites On site
signs identifying industrial uses may also call attention to the
product, goods, or material which is produced, or assembled on
the premises. {B??-X983-b}-?f}4f83
{5}(21) "outdoor Advertising Display" means an
advertising sign which advertises businesses, uses, products,
services, entertainment, commodities or other activities not
primarily or exclusively sold, offered or conducted at the
premises where the sign is located. The term shall not include
the names of businesses, or the products or services offered by
such businesses, having multiple locations under the same
business name if the advertising sign is located on the premises
of the business and does not specifically advertise any other
location. {Bi??-X983-5}-?f?4,c83
4}2}(22) "Pedestal Sign" is a ground sign erected upon
a single post or shaft, or upon two posts or shafts that merge or
touch at the base, or which are not more than 15 feet apart,
center of shaft to center of shaft, with the display portion
mounted thereon. e-te}-theee€-at-feast--€eet-abe?re-tie-saw€aee
e € - -?Y? - s ??eet- -ac??a c•-ert? - tom- -the -'p-r-o-ge?'?.`Y' - e e - -?ri?Yr- -the - -s-i-gr? - ? s
leeatedT--Ito--s3rc r--ei-cc rr-she II- ?e--a--e gpr-area-rtrf - to-r?- k-arr-348
square- -f-a+_-t&rra
0
lee ated- & r--L--premises--*mss--g ege t?*--slr??-1-i-- -R?ese
than-ire- - ?1--stga--a?-j to--eaeh-st?ee? r-Wltiepr-scdeh
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beeinesa-property-abets,-prev ded-thae-en-eael?-street-€ eatae?e-e€
mere - -t4wtn- -1+ 9- --€-&? -c??-additiene-l-?- =?1--sage-?ra?--33e -estab-
-1 €sheel -asd-ft-ra3-nta3sed-oti- -atteh- fro -ege 4-f--&uehr -add tionaI
emeeed-28-equate-feet-3 - a--efi--arty--s-i4e- af&-c o-ee-Bret-have-mere
thee-two-s€des;-{e}-€s-set-xge?e-thee-4-€eet-€a-width-e?-?-€eet-€s
height-ems-the-s€ga-€aee;-{d}-€s-€eeated-at-feast-?-€eet-abe?e-the
set€eee-e€-t-kre--&t-r-ee _-.--4-nr- -14eiir -&f- one
two-separate-s gss- be--i ?--Enr re--lair -po-l-e,--b tt--sttelt-twe
signs-eExtrril--sra3?-?ro-t -exeeed; -s-rr--ar--o-?--crerrsierre? -the
Iimitation
s-ag}??€eab?e-te-a-?-eg3?????-?
pee?esta?--s-igrr--sI?a?- so -designed- as
parts7- z-tr -f *-m&-v Hg-or=- g-44ghts : --3-?r--add€tien-fie--the
geese s tai--s-i-c?r3s-- ?e?trittert'r--by--t?? -,?o?egfri?g--gro??g€erre-?rf--th €s
st?bd€??s?ea;-a-s€gn-ae??e?t#s€?g-a-geb?€e-te?ephese-x?ap-be-?eeated
it--area-aitea? -e€-the -beti+d3sg--&&t+>aec--oft -bke-streetere
€a-wh?eh-seep-peb??e-te?epheae-?s-?eeated:
(23) "Permanent Sign" means any sign designed or
intended to remain at a fixed location for at least three months.
(24) "Portable Sign" means a temporary sign designed to
be moved from one location to another.
{9}(25) "Projecting Sign" means a sign, except a
canopy or roof sign, ether -t+ten-a--we11--si r-ettapen4e&-- n--or
segpe?ted-bp-a-be??d€ng-e?-st?eete?e-and-g?e3eetine?-eet-theme€?ext
which is attached to and projects from a structure or building a
distance greater than twelve inches in any direction.
{-16}(26) "Promotional Display Device" means any beaeen
or -blimp, balloon over 18 inches in the largest dimension,
equipment or vehicle not normally associated with the business,
or similar devices being used in connection with the promotion of
any event or activity.
(27) "Real Estate Sign" means a temporary sign adver-
tising the sale or lease of real property.
(28) "Recreational Si n" means an institutional or
institutional directional sign which identifies or describes a
public facility providing recreational services.
{-19}(29) "Roof Sign" means a sign erected upon or
located above the eave or parapet wall of a building and/or
located within the projected roof area.
{})-(30) "Sign" means a display bedEd;--billbeard;
aereen;-2+-"etere;-p-rejeet-.ems-or-VdT•t *f, used. to announce,
declare, dex?enstate;-d-il-o-rethew€se advertise and attract
the attention of the public. The term includes the sign face and
the sign structure.
wh€eh-tie--?ri -f -ice-pi-mss- eangtaat-€n
?ntens?ty-and-ee?e?-at-a??-t?xtes-when-seep-s€gn-€s-€n-ese-
44:4} (31) "Sign Area" means that area of a sign within
a single continuous perimeter enclosing the extreme limits of the
actual sign surface excluding structural elements outside the
limits of such sign which do not form an integral art of the
display the- -mar-gina€--1-i3}es---o-f--the--surfaee; --wh-ire? -b-rr- -t-he
aeneeeeemeet;-?-,--a6vertisemeet--cam--other- -gee-jee-ge; or in the
case of wall signs, individual character signs, figures, symbols
-3-
or canopy signs sign area
direetlp- be- any -gait-frf- -btz ?e? ag shall be the area which is
included in the smallest rectangle which can be made to circum-
scribe each letter, figure or symbol displayed thereon. For
multi-face si ns,ll the area shall include the maximum number of
sin le display surfaces visible from an ground position at one
time. i
(32) "S' n Face" means the display surface or surfaces
visible from an round position at an time.
(33) "Sign Height" means the vertical distance measured
from grade to thelhighest point of the sign or sign structure.
(34) "Sign Structure" means the footings, supports,
uprights, bracing, framework and surface material of the sign.
(35) "Temporary Election Sign" means a sign promoting a
political candidate or issue appearing on the official ballot of
any public election.
(36) Temporary Ground Sign (Fixed)" means a sign which
is supported by posts imbedded in the ground and is designed so
as to not be readily movable.
4}5}(37I "Temporary Ground Sign (Portable)" means a
sign which rests pon the ground,
JII9?n--eK .&L_- ier3-,', or is mounted on a trailer, eeastrueted--&f
?teta?-e-etke-eeebc?stb?e-x?atea?s; and so designed as to be
readily movable. Abe--ecteh--srr-s?--eed--??--sgtra?--€ee-
area-em-eaeh-side=
(38) "Temporary Sign" means any sign designed or
intended to remain at a fixed location for less than three
months.
(39) "T'affic Signs" means all signs, signals and
markings, includ'?g street identification signs and all signs
authorized or er'itted b Minnesota Statutes, Chapter 169.
(40) 115'11 Sign" means a sign which is attached to or
erected against or painted on the vertical wall of a building or
structure with the exposed face of the sign in a plane approxi-
mately parallel to the face of .said wall.
(41) "Wind Device" means any device which is designed
to move in the wind. Wind devices include banners, pennants and
propellers and baloons 18 inches or less in any dimension.
(42) "Window Sign" means a sign attached to or painted
on either side ofl'ia window which is visible from the exterior of
the building. The term also means a sign located inside the
window which is designed primarily to be visible from the exteri-
or of the buildin'.
Subd. 2. Sian Construction Permit.
(1) Permit Required. Except as provided in paragraph
3 of this subdivision, it is unlawful to install, construct,
erect, alter, revise, reconstruct or relocate any sign, as
defined in these regulations without first obtaining a permit
from the buildingi,official. If the building official finds that
the proposed sign',Iis in compliance with all requirements of this
section, sectionsl113.48 and 3.49 and the zoning provisions of the
city code, a sign construction permit shall be issued. Upon
•
•
•
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application for the sign permit, .the> ap licant shall apply for
any required building and electrical permits.
(2) Application. Application shall be made on forms
provided by the building official. The form shall include the
following information:
(a) The name, address and telephone number of the
applicant.
(b) The name, address and telephone number of the
person, firm, corporation or other organization erecting the
sign.
(c) The name, address, telephone number and
written consent of the owner of the property on which the sign is
to be erected.
(d) The exact location of the sign on the site
including its position relative to buildings, structures, streets
and property lines.
(e) Two copies of sign plans and specifications
showing the followin :
i) number of sign faces
ii) sign colors and construction materials
iii) sign dimensions
iv) type, direction, location and intensity
of sign illumination and name of elec-
trical contractor
v) method of construction
vi) method of attachment to building or
ground
vii) stress sheets and calculations showin
that the structure is designed to meet
the dead load and wind pressure require-
ments of the building code.
(3) Construction Permit Exemptions. The following
types of signs are exem t from the requirement of this subdivi-
sion but are subject to all other requirements and standards
applicable to signs:
(a) Temporary election signs
(b) Home occupation signs
(c) Address signs
(d) Identification signs not exceeding two square
feet in sign area
(e) Traffic signs
(f) Garage sale and Estate sale signs
(g) Real estate signs
(h) Signs erected by governmental agencies in the
discharge of their governmental duties
(i) Signs warning the public of hazards such as
buried cable or high voltage lines
(j) Temporary window signs
(k) Institutoinal Directional Signs not exceeding
four square feet in sign area.
(4) Permit Fee. The application for a sign con-
struction permit shall be accompanied by the fee provided in
Appendix D of this code. The fee required in this paragraph is
-5-
separate from and in addition to any other fees required by this
code.
Subd. 3. Sign Installer License.
(1) License Required. No person shall engage in the
business of erecting signs until licensed by the city council to
do so.
(2) Application. Application for a sign installer's
license shall be made to the city clerk upon such forms as re-
quired by the city. The license fee in the amount hereafter
provided shall accompany the application.
_(3) License Fee. The fee for a sign installer's
license shall be in the amount provided for in paragraph D of
this code.
(4) License Period. The licenses issued under this
subdivision shall be for an annual basis running from July 1
through June 30 of the next year.
(5) Bond. No permit shall be issued until the licens-
ee has filed with the city clerk a bond with corporate surety in
the sum of $1000. The bond shall guarantee that the licensee
will fully and faithfully comply with the provisions of this
ordinance and other applicable city ordinances.
(6) Revocation or Non-renewal of License. The sign
-installer's license may be revoked or not renewed for any vio-
lation of the requirements of this section. The decision to
revoke or not renew a license may be made by the city after
notice to the licensee and a reasonable opportunity for the
licensee to be heard.
Subd. 4. Annual Maintenance Permit.
. (1) Permit Required. All existing signs or signs
hereafter erected which require a permit under the provisions of
subdivision 2 of this section shall be maintained without first
obtaining an annual maintenance permit. No such permit is
required for a sign advertising the business or activity con-
ducted on the, premises on which the sign is located.
(2) Application. Application shall be made to the
building, official on forms supplied by the building official
containing such information as may be required to establish that:
(a) The sign is being kept in a safe condition
and in a state of good repair; and
(b) The sign continues to conform to all stan-
dards and conditions under this ordinance.
The applicant shall certify that the sign has no structural
or maintenance deficiencies. The applicant shall also agree to
indemnify and hold harmless the city, its officers, agents and
employees from any claims, suits, causes of action for personal
injury or property damage caused by or arising out of collapse
disintegration, breaking, electrical shock, falling objects, fire
from all or part of any sign for which such permit is issued.
The indemnification and hold harmless agreement shall be subject
to approval by the city attorney as to form and execution.
(3) Permit Period. The annual permit shall be issued
on a calendar year basis.
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(4) Permit Fee - The fee, .which shall accompany the
application, shall be as provided inAppendix D of this code.
IV. By repealing Section 3.48 thereof
V.. By adding- thereto the following new section to read as
follows:
3.48 DISTRICT REQUIREMENTS
Subdivision 1. Provisions Applicable to All Districts.
(1) Signs Prohibited. The following signs are prohib-
ited in all zoning districts of the city:
(a) Flashing and motion signs
(b) Roof signs, including temporary roof signs,
but excluding promotional display devices
(c) Any sign which obstructs ingress or egress
from any fire escape, window or door
(d) Any sign located and maintained on or over
any public property except traffic signs and
public directional signs, and signs on
benches, bus shelters and telephone booths
(e) Any sign located, designed or maintained in a
manner which is likely_ to cause confusion or
interfere with the visibility of traffic
signs, traffic control devices, crossroads,
driveways or crosswalks.
(f) Temporary ground sign (portable)
_(g) Searchlights
(2) Signs Permitted. The following signs are permit-
ted in all zoning districts of the city subject to all other
applicable requirements contained in the ordinance code:
(a) Temporary Signs.
(i) Real estate signs which do not exceed
six square feet in sign area if located
in residential districts and 32 square
feet in non-residential zoning dis-
tricts. One real estate sign is permit-
ted on the property being offered for
sale or lease. The sign must be removed
within seven days following the sale,
rental or lease of the property. One
additional sign not exceeding six square
feet announcing the open house is
permitted on the property being offered
for sale or lease on the day_ of the open
house.
(ii) Garage sale and estate sale signs
subject to the same conditions and
restrictions as are applicable to real
estate signs.
(iii) Constructions signs which do not exceed
six square feet in sign area in residen-
tial zoning districts and 32 square feet
-7-
in sign area in nonresidential dis-
tricts. One sign is permitted and must
be located on the property where the
construction is occurring. The sign
must be removed upon completion of
construction. The sign may not adver-
tise any product or service and shall
not advertise the property on which it
is located for sale or lease.
(iv) Temporary traffic control or warning
signs.
.
(b) Address Signs. One address sign is required
on each building or portion of a building with separate address.
The sign must be of sufficient size and located to be clearly
visible from the street on which the address is assigned.
(c) Institutional and Recreational Signs.
Permanent Ground signs shall not exceed 50 square feet in sign
area per face and 25 feet in height and shall be set back at
least 10 feet from any street right-of-way. Temporary institu-
tional ground signs shall be subject to the provisions found in
Section 3.49, subdivision 10 of this chapter. Institutional
wall, canopy and marquee signs shall not exceed 24 square feet in
total aggregate sign area. Institutional and recreational signs
may not be illuminated if located in residential zoning districts
between the hours of 11:00 p.m. and 6:00 a.m.
(d) Institutional Directional Signs.
(e) Traffic control and regulation signs and
public directional signals.
(f) Signs permitted pursuant to Section 4.02 of
this Code.
Subd. 2. Specific District. Regulations. The 'following
signs are permitted only in the districts indicated and shall be
regulated according to the requirements herein set forth:
(1) SINGLE AND TWO FAMILY RESIDENTIAL DISTRICTS (R,
R-1, MR-1):
(a) Home Occupation or Identification Sign. One
non-illuminated home occupation sign not exceeding two square
feet in sign area or one. non-illuminated identification sign not
exceeding two square feet in area.
(b) Area Identification Sign. One non-illumi-
nated sign per abutting street not exceeding 24 square feet in
sign area and not exceeding six feet in height. Such sign must
not be located closer than 10 feet from any street right-of-way.
(c) Temporary election signs subject to the
following regulations:
(i) No sign may exceed eleven square feet in
areas on one side. Signs shall not be
designed to have more than two sides.
(ii)- No sign may be placed earlier than the
Saturday closest to 90 days before the
general, special or school election to which
the sign relates.
-8-
(iii) All signs must be removed from display no
later "than'four' 'days following the election
to which they relate. Signs relating to
unsuccessful primary election candidates
shall be removed within four days following
the primary election.
(iv) In addition to the other remedies available
to the City under this.code, any sign remain-
ing on display beyond the times specified in
subparagraph (iii) of this paragraph is
deemed abandoned to the City and may in the
City's discretion be removed, destroyed or
otherwise disposed of.
(v) It shall be the responsibility of the sign
owner, the property owner, and in the case of
a single family residence, the occupants, to
comply with the provisions of this paragraph.
(vi) No such sign shall be placed or maintained
without the prior approval of the property
owner, and in the case of a single family
residence, the occupant.
(vii) No sign shall be located closer to the
traveled roadway than 10 feet behind the
nearest curb.
(viii) No sign shall be located within the 50 foot
triangle of the street intersection.
(2) MULTIPLE FAMILY RESIDENTIAL DISTRICTS (MR-2,
MR-3):
(a) Identification Signs. One wall sign is
permitted per building not exceeding 12 square feet in sign area.
(b) Home Occupation Signs. One non-illuminated
sign per building not exceeding two square feet in sign area.
(c) Area Identification Signs. One freestanding
sign not exceeding 24 square feet in sign area or 4 feet in
height is permitted per area with 3 or more residential build-
ings. Such signs shall not be closer than 10 feet from any
street right-of-way and not closer than 50 feet from any street
intersection.
(d) On-Site Directional Signs. Such signs may
not exceed three square feet in sign area and if freestanding may
not be more than four feet in height.
(e) Temporary Ground Signs other than those
described in Subd. 1(2)(a) may be located only on property owned
by a church, school, or non-profit cause or veteran's organiza-
tion.
are
eet
the
-9-
(f) Temporary election signs subject to the same
regulations contained in subdivision 3(1)(d) of this section.
(3) NEIGHBORHOOD BUSINESS DISTRICTS (C-1):
(a) Identification Signs. One wall sign is
(b) On-site Directional Signs. Such signs may •
not exceed three square feet in area and if freestanding shall
not exceed four feet in height.
(c) Ground Signs. One freestanding sign not
exceeding 50 square feet in sign area and 27 feet in height is
allowed for each building. This limitation shall include all
types of freestanding signs except traffic and directional signs.
A minimum vertical clearance of 14 feet is required for any such
sign located within 25 feet of any street or driveway inter-
section or at any other location where pedestrian or vehicle
traffic is required to pass under the sign.
(d) Wall, Window, Canopy and Marquee Signs. The
total sign area for all such signs may not exceed 15 percent of
the total area of the face of the building to which they are
attached. In the case of multiple occupancy, the total area of
the signs which each occupant may erect may not exceed 15 percent
of the exterior wall of the portion of the building occupied by
that occupant and to which the sign is affixed.
(e) Projecting Signs. One projecting sign not
exceeding six square feet in sign area may be erected for each
occupant. Such sign shall have a minimum vertical clearance of
eight feet and shall project no more than four feet from any wall
and shall be rigidly affixed to its supports and the building.
If illuminated, such sign may utilize only indirect illumination.
(4) GENERAL COMMERCIAL AND INDUSTRIAL DISTRICTS (C-2,
and I):
(a) Identification Signs. One- wall sign is
permitted per building not exceeding six square feet in sign
area. The sign may identify only the building address and the
names of the businesses located in the building.
(b) On-site Directional-Signs. Directional signs
are permitted which do not exceed three square feet in sign area
and if freestanding do not exceed four feet in height.
(c) Ground Signs. The total sign area for all
freestanding signs except traffic and directional signs on any
property shall not exceed 200 square feet in sign area and not
more than 27 feet in height. A maximum vertical clearance of 14
feet must be maintained below any freestanding sign located
within 25 feet of any intersection of a driveway with street
right-of-way, or at any other location where pedestrian or
vehicle traffic asses under the sign.
. _(d) Wall, Window, Canopy and Marquee Signs. The
total sign area for such signs will not exceed 15 percent of the
total wall area of the portion of the wall of the building to
which they are attached. In the cases of multiple occupancy, the
total area of wall, window, canopy or marquee signs which each
occupant may erect will not exceed 15 percent of the exterior
wall area of the. portion of the building occupied by that occu-
pant and to which the sign is affixed.
_(e) Projecting Signs. One projecting sign not
exceeding six square feet in sign area is permitted on each
business. Such sign must have a minimum vertical height clear-
ance of eight feet, may project no more than four feet from any
-10-
¦,,
A3-f
• wall and shall be rigidly` affixed to its supports and the
building.
(f) Promotional display devices.
(5) PLANNED UNIT DEVELOPMENTS. Only the signs shown
on the approved PUD plan shall be permitted.
3.49 CONSTRUCTION, DESIGN, LOCATION AND MAINTENANCE OF SIGNS.
Subdivision 1. All Signs; Construction, Design, Location
and Maintenance. Every sign shall conform to the standards of
this part whether or not a permit therefor is required, and
nothing contained herein shall be construed as modifying or
repealing any of the provisions of this code relating to zoning.
No sign shall be so located as to obscure or tend to obscure any
existing sign. The following additional requirements are to be
observed:
(1) Each fixed ground sign shall be securely built,
constructed and erected on the ground. tempera ry--gr-x*d--s-i-ms
sha??-be-se-designed-that-tke?*-aye-set-?eae?iiy-e?ae?tt??see?-
{?}--Pie-sign-st?t?ett??e-skaii-be-attaehee?-e?-piaeeel-t?ges
any- building- 3-m--s-ue-h---ariftin re-r- as -?o-?bi?te-t•-aa?-€€?e-eseage--ems
arl?*-WirreleW-e?-e?ee? ; -?e?-shaii-arz?-s€grr-st?tretrr?e-be-attaeheel-te-a
€ire-eseage-
(32) Ne--94?rr--ereete?-toe-for-&- -bYt&-}passage- -o-&-etis part
e?e?isasee-shaii-be-?ebtriit; -aite?ee? ; -e?-?ex?e?ee?-te-a-eery-?eeatierz
witi?etrt--??ei-?g-b?et?gk?-?.rrto--?c??g???-?viti?--tire- r=-?-•- ?==T-e€
this--pert: Except as provided in Section 3.49, subdivision 3,
paragraph 3, all signs which are lawfully erected and located on
the effective date of this section may continue subject to the
following limitations:
(a) No such sign may be expanded, rebuilt,
relocated or altered without being brought into conformity with
the requirements of the code. This provision shall not apply to
the following circumstances if there has been no change in
business ownership:
(i) The rebuilding of a sign which sustains
damage the repair for which in the opinion of
the building official will cost less than 50
percent of the replacement cost of the
physical structure prior to the damage; or
(ii) Nonstructural alterations or modifications
designed to improve the appearance of the
sign which do not change either the location
or sign area.
(b) Any such sign shall be brought into con-
formity with the requirements of this code if there is a change
in business ownership.
(c) Any sign which is not used for its intended
purpose for a period of more than two years shall be deemed
abandoned and must be removed by the owner of the property upon
which it is located.
{4}--Ike--s i-erg-i-erg--s4-gn---el l--+reT-&?Lret--be-rY. =-e& -er
hang-on -o-r--attare? -te-e -}?trrl- -i-arc -- irt-ltirrr-the-,ei-by-,--, ft&-every
streh-s3eg-ft--so--e- - T,--ktrrrg,--ems- at aekeel- x1ifrr--tc3-- -gasgage-e€
-11-
this-pact-*h3eh-3s-tr--?xrf??y-the
€-€rrs}ic3?-gl?a??-be
irmedA:ately--rem?w-ed- -by--t-ke-ewner--Oiere&f-;--car--cltaTtge&-te-eemferm
with-t-he-Teq+Anr is--o-f- t*i-e-part-when-se-mod--b'y--tke-ehie€
inspeeter-
(53) Where portions of a sign are subject to different
classifications, each portion shall meet the requirements of its
classification.
(44) All signs and sign structures shall be maintained
in a safe condition and in a state of good repair at all times.
No sign shall display obscene matter.
{$}--?aeh-saga-sha??-be-esed-ase?-ata?ata?see?-ea??*-tee-the
ataaaer- rt-= Y.? -aad-gtr}?jec -to--t-ire---eoa?€ xs-3 pese?l- -the
bate-the-permit-there€er-wee-graatedT
Subd. 42. Additional Conditions. The following additional
condition shall be observed:
(1) No ground sign {emeept--teatay--get?r?e?--?i-gars-) ;
s e?abea e?-?r--19€??beard shall be located agpeeaeh--a+--aey--po4-nt
nearer than 3 feet to any building unless such sign is placed
parallel to the side of the building; nor shall any such sign be
placed within 6 feet of the side of any lot, nor nearer than 15
feet to any street line where there is no established or custom-
ary building line, nor within 25 feet of any street corner
right-of-way. Whenever the established or customary uniform
building line upon the street where such ground sign is to be
erected is more than 15 feet from the street or property line,
then such sign shall not approach nearer the street than the •
established or customary uniform building line.
(2) The owner, lessee, or occupant of the land on
which the ground sign is located, and the owner of the sign,
shall keep the property on which the sign-is located free of long
grass, weeds or other rank grown, rubbish or debris.
(3) All parts of ground signs, ether- -t4w"r-temperary
e}etisel-s-igrrs-, shall be designed for wind pressure of not less
than 30 pounds per square foot, and permanent ground signs of
wood construction shall have all members which extend into the
ground protected from decay by treatment with a preservative
appreved-by-the-ehiet-iaspeeter as. required by the building code.
{4}--Pde-pe?at?t-sha??-be-g?aatee?-ter-the-?eeat?ea-a€-aap
e??et?ee?-smogs-ha??ae}-a-saga-awe-a€-ate?e-than-48-se?tta?e-€eet; -w?th?a
168--€eet--&f---&Ityl i gle-€a rrl-y-- a ree-,--VrO-i - +_-hat- -the
eet?rte??-stay-??-r?rt -a-ia-1- ge?t€t-ke?e€e?-3?€-t??rrre?--o-€-st?ek
residenee-gives-his-written-eemsent-therete7
(54) Pedestal signs permitted by the zoning regu-
lations of the city and by this part may be located adjacent to
the right-of-way of a street or highway, but no part thereof
shall extend over the right-of-way.
(65) The minimum clearance of any sign from unprotect-
ed electrical conductors (whether poles or other installations)
shall be not less than 36 inches for conductors carrying not over
600 volts, and 48 inches from conductors carrying more than 600
volts.
(6) No wall sign may project more than twelve inches
from the wall in any direction.
-12-
Subd. 83. Outdoor Advertising, -Displays, General Require-
ments and Restrictions.
(1) Permit Required. No new outdoor advertising
display may be established in the city unless a permit is first
obtained. Permits may be issued by the city council only after a
public hearing preceded by the giving of 10 days notice mailed to
the owners and occupants of all properties located in whole or in
part within 660 feet of the proposed outdoor advertising display.
Failure to comply with this notice requirement, however, shall
not invalidate the proceedings. The council may attach con-
ditions upon the granting of any permit.
(2) The following regulations apply to all outdoor
advertising displays within the city:
(a) Outdoor advertising displays are permitted
only in the C-2, PC-2, I and P-1 districts of the city.
(b) An outdoor advertising display may not exceed
750 square feet in sign area per ace.
(c) An outdoor advertising display may have no
more than two sign faces.
(d) All outdoor advertising displays will be
freestanding signs either supported by a single or double column
or some other support which has all structural and support
members screened from view from all directions.
(e) Outdoor advertising displays may not be
located closer than 1,000 feet apart as measured along the same
side of the same roadway.
(f) The sign face of outdoor advertising displays
must not be visible from the boundary of any residentially zoned
property which is located entirely or partially within 300 feet
of the sign face.
(g) Outdoor advertising displays may not be
located within 300 feet of any school or church.
(h) Outdoor advertising displays must comply with
the setback requirements for buildings in the zoning district in
which they are located. Any variance from those requirements
will be subject to the procedure established in the zoning code
for such variances.
(i) No outdoor advertising displays may exceed 27
feet in height above the ground level of the nearest street
towards where it faces. The council may permit an increase in
the allowable height to a maximum of 48 feet in the event that
the following findings are made.
i) As a result of unique circumstances, a
sign 27 feet in height could not be located on the premises so as
to be visible from the abutting street which it faces or that
visibility of the sign from such street could be substantially
obstructed.
ii) The increased height of the sign would
be unlikely to have any adverse or detrimental impact upon
traffic safety, pedestrian safety, aesthetics, or the value of
other properties within the area.
• (j) No outdoor advertising display may exceed 65
feet in length.
-13-
(3) Nonconforming Outdoor Advertising Displays.
Outdoor Advertising Displays lawfully erected and located on the
effective date of this section may continue subject to the
following limitations:
(a) Except as provided in Subdivision 94 of this
ordinance, no nonconforming outdoor advertising display may be
expanded, rebuilt, relocated or altered without being brought
into conformity with the requirements of this ordinance. This
provision shall not apply to the following circumstances:
4B}}}_}983-9}-8f}4483
i) The rebuilding of an outdoor advertising
display which sustains damage the repair of which in the opinion
of the building }asgeet}em official will cost less than 50% of
the replacement cost of physical structure prior to the damage.
ii) Nonstructural alterations or modifica-
tions designed to improve the appearance of the sign and changes
of the sign face.
(b) Any outdoor advertising display which is not
used for advertising purposes for a period of more than two years
shall be deemed abandoned and must be removed by the owner of the
parcel on which it is located.
4B}}}-4983-8}-2f44f83
Subd. 94. Signs Along Freeways. Except as otherwise provid-
ed in this part, b}}}beards outdoor advertising displays shall
not be closer than 660 feet from the right-of-way of any freeway •
within the city (including Highways 35-W, 494, 62 and 77). No
"traveling" or changing message signs shall be located so as to
face any freeway or be visible from the freeway. Any b}}}beard
outdoor advertising displays legally located within 660 feet of
any such freeway at the time of adoption of this provision may be
replaced, subject to compliance with the other provisions of this
part and subject to the limitations hereinafter contained, either
in the same location or at another location along any such
freeway provided that such alternate location is first approved
by the council. The council may approve a relocation if its
finds that the relocation will lessen any adverse impact of the
sign upon traffic safety and aesthetics. If the b}}}beard
outdoor advertising display is not used for advertising purposes
for a period of more than two years, the use shall be deemed
abandoned and shall terminate. 4B}}}-}983_4$}_}}f88?88
Subd. -165. Special Commercial Uses. In addition to the
signs permitted by the provisions of the foregoing subdivision
94, a motel, restaurant, hospital or shopping center located on
property having frontage upon a freeway may have directional
signs on other property abutting upon a freeway if the council
grants special permits therefor. The council shall not grant
such a special permit unless it determines (1) that the sign is
directionally only, announcing an exit at the next intersection
or interchange; (2) that it is impractical to put a business sign
on the premises of the use advertised in such a way as to allow
safe traffic turning movement, for reasons other than the fact
that another sign has screened or blocked the view; (3) that the
-14-
.4-4 5, directional sign will not be bigger than a sign regularly permit-
ted for the use; (4) that the business sign on the premises being
advertised is no more than 80 square feet in sign area; (5) that
there is not other such directional sign on the same side of the
freeway within 1,000 feet; (6) that it is not practicable to give
the same directional information safely by other means such as a
larger sign or a reduced setback or greater building height for
the activity or use involved; (7) that the design of the sign and
the lettering thereof will be simple and easily read, containing
16not more than three or four words with no unnecessary decora-
tion or pictures; (8) that the directional sign will not conceal,
obscure or dwarf legitimate uses, buildings or signs in its
vicinity, either because of location, size or design; (9) the
directional sign will not detract from neighboring property or
depreciate existing development.
Subd. -1-16. Application for Permit. The application for
such a special permit shall be accompanied by such information as
to establish the conditions necessary for the granting thereof.
Subd. 438. Public Hearing. No such permit shall be granted
unless the applicant has given all private property owners within
500 feet of the proposed directional sign written notice of the
date, time and place at which the council shall hold a hearing on
the question of granting such permit.
. Subd. 438. Projection Signs; Construction and Design. The
following standards shall be maintained for all projection signs:
(1) All portions of projection signs shall be designed
for a wind pressure of not less than 30 pounds per square foot.
(2) Such signs shall not project over public street
right-of-way, but may project over sidewalks located on private
property such as shopping center sidewalks. No such sign shall
be less than 12 feet above the level of the sidewalk; provided
that such signs which do not exceed four square feet, and which
do not project more than two feet over the sidewalk may be eight
or more feet above the sidewalk. Pie-roj-e?i-orr-?-i-gar-ra33
pre 3ee t- 4>eyond- -a--e [ neff- --tkam- -i Yr?-€eet--*_ any
private-sidewal#-
{3}--There- s? -be--to--meffe- twit-,twv--feet --&f--spaee
bet`aeee-tine-3ime-r-edgetire-€aee-e€-the-` d-1-
€retm--wh4eh-4-t- the- eete -o-f- tote--ei-ge-be
r?e?e-then-e?e}ht-€eet-€?est-tie-€aee-e€-the-6aa??-
{4} (3) The building or structure from which any such
sign projects and all attachments or fastenings must be so
constructed as to safely resist the dead load and the wind load
added by the attached sign. The sign must be rigidly attached to
its supports.
{5} (4) All such signs shall be of non-combustible
materials, or of met- -less a --o-rte•- txr--€€ a-- -i-s i e fire
retardant construction.
--- The
€e??e?a€met-stame?a?e?s-ska€?-be-eta€mta€mee?-€e?-a??-gee€-s€e}ms-
-15-
{}}--Ne-reef- sag-n-Arai-? 4D-e-4-ceet-e-_ -d--+ ? -b-fa -S-feet
frem- the--ou b-9-_L e mil--te a -whieh-3-t--faee-s-,--rrei--em-_? --a-5 -feet
fn-height-abe?e-the-ree€-?e*ae?-ef-the-btrf?dfng-trnfess-eenstrtxeted
fategraI--wi-ter-the--bu-i4&irng -er--st?tret -pre 3eet
beyend-the- edge- e f- rites-roadter:--arty- P&I--€ke-purpesee
ef--t-}ri.-s--st i ff s-i-o -,--ffgkt9-att-ae ie st-zftet-itre--and
lights- --to--ter-bit}?dfrtg-
strtzetttre-sha??-be-seas#dered-gait-ef-the-sfgrt-strtrettrre-
{?}--??er?*-streh-sign-sha??-be-either-meta;-metal-egad;
frteextbtrst?b?e ; -?peir-wire-?--ages-?ret?-r3--aigtr,--e?cee}?--t-tt?-se?e3?
sfgrt-stay-ha*ae-fetters ; -ffgttres ; -eharaeters ; -er-herders-ef-weed-f€
atieh- de s- d?-irot--emvcad -frou-L- =Tteh e-s- ift -wi4tk,--and -stteh-weed en
letteffs ; -ffgeres-e-r-tT -ie-r-s--ele- ixrt- -cove-ri-i* -H3ai-r -2-S4-e€-the
area-of-stzeh-sign; -p?e*a3e?ee1-tit-fs-g?aee-ef-s?teet-nteta?; -9crbstf-
tutf en-may- ffmaee-frf-ire--iB-1-s-:---tentgereel-press eel
weed-eT-Vt4in -s-rttrlmatt- t-efi-a•la--agpreved lie-ekfef-f:t9peete ;
having-egsa4-}p-repe-rt-ies--as-+o--&tT-e r r,--aft& me€sttrre-resf9-
tartee-
{3}--Ne-stteh-sfgrt-sha??-be-se-p?aeed-as-te-pre?*ertt-free
passage-ef-gersens-€next-es-e-part-ef-the-ree€-te-anether-
{4}--The-btii,lding-e-r--&t-rti-r-e-*tporr-At-icar-sitc4--srga-fs
plaeed7-a-nd---13 -ate ,im n?-o_IC--€as-tt i-rsg6s- -xtttt-be-se-eeristrueted
as-te-safely- es3st-
the 4ee-d- 4-oed aTr&-th}e--.*i-e&-?o-acf-adc a -by-the
attaeked--s-i-c?rt•,--a?tel--€?r--sir-xtaarter--+as--to--cette-e-damage--to--the
btrf?dfag-er-strtrettxre-art-whfeh-streh-sign-fs-g?aeed-
{ 6 } - - A; e - ree-€- s?ig-rr- -s?-t-1?- -b e- -r??- ?? -err -€eet - f a - ? e rt g t l?
aer-sfie33- i-t--e•*tezt& -mere=+fai-r- 2rr-€fiat-above-+h-e--sut-f-&c-e--&f--tote •
reef- of-t-he- -i3d rrg-s - ri r- - '? -.r ? .--moo-ree€-saga-seta}}
extend- a e--t xrr--4?- fee-t abe?e tote a?*e agse- rotrrrd- e- that
part-ef -the-street-toward-whf eft-ft-f aees-
Subd. 169. Wall Signs; Construction and Design. The
following standards shall be maintained for all wall signs:
(1) No wall sign shall have a projection over a
private sidewalk or an established building line of more than 12
inches.
(2) The materials, construction and attachment of any
such sign shall meet-the-saute-stsaels-Ord-riT-*i*t-=_-ag roof
signs conform to the requirements of the building code.
Subd. -1610. Wind Devices, Promotional Display Devices and
Fixed Temporary Ground Signs. The following standards shall be
maintained for all banners, promotional display devices, and
temporary ground signs:
(1) Fixed Temporary ground signs and banners wind
devices attached to any structure, vehicle, equipment or
inventory building and constructed of canvas, plastic material,
cloth, rubber or other combustible material with or without
framework; shall be strongly constructed and shall be securely
attached to their supports. They shall be removed (including all
framework and supports) as soon as damaged or torn and in no case
later than 6830 days after erection.
be--large-r
(2) Temporary- -sag-ms-?rf--shall-net •
- ti?a?--2-o-- - feet- rt--area- €or--eae?r-??--feed-e€
-16-
buiId€mg-- ref°ttagge. There shall not:' be more than one fixed
temporary ground sign on any building frontage.
(3) No fixed temporary round sign wind device or
promotional display device a€--cel?txai-l??e--zTm-inn shall
project over public property or right-of-way7-4D't -n?-extend--
x?a?€r?t?-a€-s??-€aekes-€rex?-tke-€aee-a€-tke-btu€?d€ag
{4}--Tempera ry-s4gss--e f-haI I
?e as•-te- --e-i r_-part a9: gyp--E>r- -cxP.1et-&1Y6-any
deer;-w€adeW;-er-ages€ag-rege??red-€er-?er?t€?at?ea-
(5) PFe--ree€--s€ga--sea??--be--Mere--tae--eebttstb?e
xtatera?s;--nNo fixed temporary ground sign, wind device or
promotional display device shall be located ea-arty--ffm-1'_3V4e-
res€deeee;-eemmeae€a4-ee-?r7eltts in the city without
first obtaining a speeia€ permit therefor from the building
officer eeune€l. If the eeuneil building official determines to
grant an application for a special permit €er-aar-se-t-r?o-re
s€ga-e - n r- -ng-,--o-r- rip--etrek-tex?gerar?- g oet??I--s-i n, -it he may
impose conditions upon the granting thereof including the size of
such sign or device, and it shall be unlawful to locate or
maintain any such sign or banner€ng or device for a longer period
or in a different manner than that specified in the sgee€al
permit. No such sgee€al permit shall be for a period of more
than 697 days. No more than 3 such permits shall be issued to
any business organization or institution within any calendar
year. No such spee€a-l permit shall be granted, however, where
such temporary signs or banners devices are prohibited by other
provisions of this code. The fee required under Section 3.47,
subdivision 2, paragraph (4) for the sign construction permit may
be waived by the city manager if the sign, or device is to be
erected by non-profit civic or religious institutions or by
public bodies. Permits required by this subdivision are subject
to the minimum fee contained in Appendix D.
SUM-. -1-7. Agga€eat€ea--cry--9tker-
?Pex?gerarp-grettnd-s€gas-as-de€€?ied-€a-Seet€ea-3-4?;
e€-tk€s-gart; -ska??-eex?g€?-`v?th-tl?e-gre??s?eas-a€-Stxbd??is?ee ?6
Subd. 1911. Approval of Sign Permit Applications. Upon
presentation of application, permit fee, plans and specifications
and other required information, the sign construction permit
shall be issued by the manager, or his representative, except as
provided in Subdivision 19 12 of this section.
Subd. 1912. Special Approval from Council. In the case of
an application for a sign requiring a special permit;-or--wh-i-ch
or of unusual height, siee;
design; or location, the manager shall refer such sign to the
council for approval. No permit for any such sign, so referred,
shall be issued without first obtaining the approval of the
council.
Subd. 2913. Variance from Terms of Approval Prohibited. No
sign shall be erected, used or maintained in a manner at variance
from the provisions of this code or different from that approved
-17-
by the council. Ne--bu-inlrd-i m--er- - i?-a- -permit-4&1--a--s-i-gn
9?a??-be-g?aeteel-?tat??-tie-e?g?s-ge??t-?iae-l?ee?-a}?g?e?eel-
Subd. 2114. Future Permits. A permit shall not be issued
for any new 9111beard outdoor advertising display or advertising
sign located off the premises where the advertised product is
sold, if such billbeard outdoor advertising display or sign would
be within 300 feet of any other such bi-I-Ibearel outdoor adver-
tising display or sign already in existence in the interior of
the same city block or its equivalent area. Permits may be
issued for directional or identification signs. Any bi-I-Ibearel
outdoor advertising display removed under the provisions of
Subdivision .2-2 17 of this section shall not be reissued. Any
billbeard outdoor advertising display destroyed by storms or acts
of God may be rebuilt within 90 days, if complying with this
part.
Subd. 2216. Uniform Enforcement and Appeals Procedure. Any
and all orders or rules and regulations adopted or issued or
issued by the city enforcement officials pursuant to the pro-
visions of this part shall be enforced in the manner provided in
Sec. 3.13 of Part I of this chapter. Similarly, persons ag-
grieved by any order or rule or regulation may appeal in accor-
dance with the provisions of Sec. 3.13 or Part I of this chapter.
A:347.TXT
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CITY OF RICHFIELD, MINNESOTA
Study Session Letter No. 11
Study Session April 6, 1987
Issue Statement:
Consideration of an ordinance to license rental units including
apartments, duplexes, and rented single family homes and point_of
sale inspections for owner occupied homes for the purpose of
assuring compliance with the housing maintenance ordinance.
Background:
In response to growing concerns from citizens and the city
council about the health and safety and compliance with the
current housing maintenance ordinance, the Inspection Division
has reviewed an ordinance relating to property maintenance. The
city has previously adopted a property maintenance code which
provides general guidelines for assuring compliance with good
maintenance standards. The ordinance is not an "aesthetics"
ordinance. That is, it does not require or dictate specific
types of decorating to make sure property is maintained to an
aesthetically pleasing state, but rather assures that the houses
are generally in safe, sound and sanitary condition.
Copies of the property maintenance code are attached for council
review.
Attached to this letter is a memorandum from the Fire Division to
the City Manager providing a general discussion of the housing
maintenance issues for Richfield.
One existing problem identified is the need for regular
inspections of rental property and also periodic inspections of
single family owner/occupied property. Based on experiences of
other communities, rental property appears to be more problemsome
in terms of assuring proper maintenance and compliance with the
basic property maintenance code, it is recommended that the city
license rental properties for the purpose of allowing periodic
inspections of those properties. If the inspection reveals a
need for revisions to bring the property into compliance,
property owners will be provided an adequate opportunity to
correct those deficiencies which are not an immediate safety or
health concern. It should be noted that this procedure reduces
the potential for serious conflict at the same time it does
permit the city to take swift action in those cases where there
are life threatening situations uncovered.
The ordinance would also require point of sale inspections of
owner/occupied homes. Again, the purpose is to provide an
inspection at one point in time of single family owner/occupied
homes to assure complian.ce with the basic property maintenance
code. Since single owner/occupied homes are less of'a problem,
but still can be problemsome regarding compliance with the basic
property maintenance code there is a need to periodically inspect
these residences. Again, the same criteria for enforcement of
the code would be applied. Those items which are not immediate
health and safety violations would be noted for correction either
by the current owner or by agreement with the new owner.
A significant portion (but not all) of the homes within the
community are already inspected under more stringent VA and FHA
inspections. However, the city does not take part in those
inspections, and it would be advisable for us to assure that our
codes are being met since we cannot directly, or indirectly,
observe the results of the VA or FHA inspections, and the VA/FHA
inspection may use criteria different from the city.
Recommendation:
Authorize the drafting of a final ordinance which would allow
licensing of rental property and require point of sale
inspections of single family property.
Basis for Recommendation:
1. To develop a basis to assure continued quality of good
housing stock within the City of Richfield.
2. To identify and eliminate any safety or health violations
within the community.
3. To provide a firm basis for maintaining a strong housing
stock within the City of Richfield.
4. To maintain confidence within the community that housing
will be maintained at a safe, sanitary and sound condition.
Alternative Recommendation:
1. A number of communities across the country have adopted
ordinances similar to the one proposed in Richfield. In the
Minneapolis area, St. Louis Park has a similar ordinance.
Additionally, the City Manager has had previous experience
with such an ordinance in the community of Hazel Crest,
Illinois. A number of communities in the Chicago area have
adopted similar ordinances. While the results of these
ordinances have all been positive, a number of changes to
the ordinance do occur prior to its adoption. These
criticisms include:
A. The enactment of the ordinance will increase
the cost of housing within the community. This has not
been found to be the case in the communities that have
adopted the ordinance. For the most part, the types of
improvements that may be noted under the property
maintenance inspection, are those types of improvements
that should be made in any case. In a few cases,
serious safety violations have been uncovered. In other
situations, costly deficiencies have been identified by
the inspection. If these deficiencies were not
identified by the inspection, the new property owner may
have ended up taking possession of the property and not
having sufficient funds to live safely within the
property. That has a negative impact upon the community
as well as the residents of that particular house.
- 10
However, in most cases it is found that the improvements
the inspection indicate few or minor violations which
cost the resident little money. In the event costly
improvements are required, the city will assist the owner
in identifying potential financial aid.
B. Residents fear that they will be required to bring their
house into compliance with the most updated version of
the city code. Again, this is not the case. The code
that would be enforced by the City of Richfield is the
basic property maintenance code that has been on the
books of the City of Richfield for a number of years.
The property maintenance code does not require compliance
of the most current construction code. Rather, it
requires compliance with general safety, health and
welfare types of requirements. If the house was built
under code, and maintained under code during the
period of its life, it is unlikely that any violations
will be uncovered. However, if the house was not built
to code initially, which is unlikely, or if illegal
additions or modifications were made to home that would
indicate serious safety or health violations, corrections
would be noted for improvement.
C. Enforcement of this ordinance would add greatly to the
• cost of living within the community. Again, this has
not been found to be the case in communities that have
developed this ordinance.
D. The ordinance will entail delays in the sale of homes. A
thorough education program with realtors and residents of
the community will avoid any delays in the sale of homes.
Additionally, the ordinance provides flexibility to
allow occupancy with agreement to correct
deficiencies at a later date. Again, the experience of
communities adopting this type of ordinance indicates
that after its implementation, and some initial
resistance, realtors and other property professionals
indicate positive results rather than negative results
from adoption of the property maintenance, point of
sale and rental inspections.
E. The city may be exposed to excessive liability in the
event inspections do not uncover an existing hazardous
or costly violation. Minnesota state law reasonably
protects the city from any such liability. Certainly
there will be "political" liability from purchasers who
believe city employees should have uncovered a particular
problem. This cannot be fully avoided. Both types of
potential liability must be weighed against the benefit
of the inspection program.
In the final analysis it is clear that adoption of this ordinance
is a serious policy decision of the city council. It is a policy
decision that reflects upon the philosophy of the city in regard
to the need to address in a constructive and pro-active fashion
the assurance of proper property maintenance within the
community. Implementation of this ordinance will require
significant modifications to the existing inspection procedures.
It is anticipated that an additional two and one-half people will
be required to administer the ordinance. The funds for the
additional two and one-half personnel will be derived from the
cost of inspections. Cost of inspections have been reasonably
set and are believed to be competitive with other cost of
inspections provided by other communities.
Discussion/Decision Mode:
This matter will be presented for discussion at the April 6, 1987
City Council Study Session.
Respe fully submitted,
Ja s . Prosser
Ci y Manager
0 JDP/eja
BILL NO. 1987 -
AMENDMENT TO CHAPTER III, PART III OF
THE ORDINANCE CODE OF THE CITY OF RICHFIELD
CITY OF RICHFIELD DOES ORDAIN:
Chapter III, Part III of the Ordinance Code of the City
of Richfield entitled "Housing - Health and Sanitation
Regulation"is hereby amended in the following respect:
I. Section 3.22 of the City Code entitled "Board of
Health" is renumbered as Section 3.24.
II. The City Code is amended by adding new section, Section
3.22, to read:
3.22. INSPECTION AND LICENSING OF APARTMENT HOUSES AND
RENTAL HOMES. Subdivision 1. DEFINITIONS. For the
purposes of this Section the terms defined herein have
the following meanings:
(1) "Apartment house" means a building containing
three or more dwelling units.
• (2) "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.
(3) "Rental Home" means a one or two-family dwelling
which is occupied by persons other than the owner.
(4) "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.
(5) "Housing Code" means section 3.21 of this code
together with the Uniform Housing Code as adopted
by section 3.02 of this code.
(6) All other definitions contained in section 3.21,
subdivision 1, are incorporated in this section by
is reference and made a part hereof.
X7`02 -G
Subd. 2. LICENSE REQUIRED. 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 section.
Subd. 3. LICENSING PROCEDURE.
(1) Within 90 days after
the owner of an apartment house or owner of a
rental home shall apply to the building
official for the license required by
subdivision 2 of this section. Application
shall be made on forms provided by the city
and accompanied by the initial fee required
by subdivision 7 of this section. The owner
of an apartment house or rental home
constructed after the date specified herein
shall submit a license application prior to
actual occupancy of any apartment unit or
rental home.
(2) Application: Contents and Inspection. The
application shall contain such information as
the building official may require to assess
compliance with the housing code of this
section. After receiving an application and
prior to granting a license the building
official is authorized to require such
inspections as are necessary to assure
compliance with the housing code and this
section.
(3) Issuance of Licenses. If the building
official finds that an apartment house or
rental home complies with requirements of the
housing code and this section, the building
official shall issue the license. If an
apartment house or rental home is not in
compliance with the housing code and this
section the building official shall deny the
license, specifying in writing the defects,
and shall notify the applicant. The appli-
cant shall have a 60 day period from receipt
of such notice to correct the defects speci-
fied, but only if the defects do not create
an imminent hazard. The building official
may, in his discretion, authorize additional
time for compliance. If the license is
denied, 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 in compliance with the
• housing 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
final action on the granting or denial of the
license is taken by the building official.
In any instance where the building official
has denied an application for a license the
applicant may appeal his decision to the
director of public safety.
Subd. 4. LICENSE: RENEWAL: TRANSFER. The term
of a license granted under this section is one year,
expiring on June 30. The license must be renewed
annually thereafter. The license is transferable upon
application to the building official, and payment of
the license transfer fee by the prospective owner,
provided that the apartment house or rental home is in
compliance with the housing code. The license shall
terminate if renewal or application for transfer is not
made within 30 days after transfer of ownership of the
apartment house.
Subd. 5. LICENSES: SUSPENSION: REVOCATION. A
license issued or renewed under this section may be
suspended upon a finding of noncompliance with this
section by the building official, and written notice to
the licensee. Upon failure of the licensee to comply
with the notice of violation, the license may be
revoked or suspended in the manner provided by section
5.14 of this code. Reinstatement of a suspended
license shall be accompanied by an amount equal 50% of
the license fee. Issuance of a new license after
suspension or revocation shall be made in the manner
provided for obtaining an initial license.
Subd. 6. LICENSES: DISPLAY. Licenses issued
under this section shall be displayed on the premises
of the apartment house or rental home, wherever
feasible and produced upon demand of a prospective
tenant, the building official or his authorized repre-
sentative. Except as otherwise provided in this
section all provisions of sections 5.08 to 5.15 of this
code are applicable to licenses issued under this
section.
Subd. 7. FEES. The fees for licenses required by
this section are in the amounts established in Appendix
D of this code. A license fee, or license transfer fee
which is not paid on the date due shall be increased by
a 10% penalty for each month or portion thereof during
which said fee remains unpaid.
Subd. 8. COMPLIANCE WITH MINNESOTA STATUTES.
Nothing in this section is intended to modify or
abrogate the rights of tenants of apartment units or
owners of apartment houses granted by Minnesota Stat-
utes, sections 566.18 to 566.33. The city manager. may
designate, subject to city council approval, adminis-
trators to carry out the duties assigned by the court
pursuant to said statutes.
Subd. 9. REMEDIES. Violation of the provisions
of this section is a misdemeanor. In addition the city
may designate, subject to city council approval,
administrators to carry out the duties assigned by the
court pursuant to said statutes.
Subd. 10. This ordinance is effective on
The initial license fees required by
Subd. 3 and 7 shall be prorated for the period
to June 30, 198-."
III. The city code is amended by adding new Section 3.23 to
read:
3.23. CERTIFICATE OF HOUSING MAINTENANCE COMPLIANCE
FOR SINGLE AND TWO-FAMILY HOMES. Subdivision 1.
• CERTIFICATE REQUIRED.
(1) After July 1, 1987, whenever the ownership of
any single or two-family structure located within the
city changes, the person relinquishing ownership, or
any agent designated by the person relinquishing
ownership, shall make application for the certificate
of housing maintenance compliance.
(2) This section shall not apply to any mul-
tiple-dwelling structure licensed under section 3.22 of
this code, and shall have no effect upon the provisions
of law or other ordinances related to the issuance of
building permits.
Subd. 2. APPLICATION AND INSPECTION.
(1) Application for the certificate of housing
maintenance compliance shall be executed upon forms
provided by the city and accompanied by the initial fee
established in Appendix D of this code.
(2) Upon receipt of a properly executed applica-
tion the building official shall cause an inspection to
be made of the premises to ensure that the structure is
in compliance with the housing maintenance code,
section 3.21, subdivisions 8 and 10 of this code.
G`
?- l
Subd. 3. ISSUANCE OF CERTIFICATE. If the struc-
ture is in compliance with the requirements of the
housing maintenance code, a certificate shall 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 section without the need
for a second inspection.
Subd. 4. OCCUPANCY PROHIBITED. The person
relinquishing ownership or their designated agent shall
obtain the certificate from the city prior to transfer
of ownership. The prospective owner shall not occupy
the structure prior to issuance of the certificate,
except pursuant to subdivision 5.
Subd. 5. OCCUPANCY. A person may be granted
permission to occupy a dwelling prior to issuance of
the certificate upon the approval of the building
official. The approval shall be based upon undue
hardship or other extraordinary or exceptional circum-
stances, provided that no circumstances shall consti-
tute an immediate hazard. Approval shall not be given
until the prospective owner or designated agent has
is filed on forms supplied by the city, a statement of
intent to comply with the building official. Compli-
ance dates in the statement of intent to comply shall
be established by the building official. Failure to
make the required corrections by the compliance dates
shall constitute a violation of this code and shall
render void any approval given pursuant to this subdi-
vision.
Subd. 6. If following the issuance of a certifi-
cate, the city finds by complaint or otherwise that the
structure may be maintained in a substandard or
deferred manner, a new inspection will be required in
order to satisfy the requirements of this section.
0055BI87.F54
0
R
0
MEMORANDUM
TO: CLL
FROM: MFS
DATE: March 23, 1987
SUBJECT: Apartment Licensing/Point of Sale Inspections
City of Richfield
Attached is a redraft of the proposed ordinance requir-
ing apartment licensing and point of sale inspections in the
City of Richfield. In addition to renumbering, I made the
following changes:
a. In some instances I replaced the word "dwelling"
with "structure" in the event there are combined
residential and commercial structures in the city.
b. Moved all fee references to Appendix D where all
fees are located.
0
C. Defined Housing Maintenance Code in terms of
applicable code sections.
d. With regard to structures subject to point of sale
inspections, allowed the building official to
inspect on a complaint basis or otherwise, for
substandard or deferred maintenance.
e. Changed the phrase "necessary servants" to "neces-
sary employees".
f. Provided that the building official can inspect a
structure prior to approval of a license.
•
I reviewed the authorities and chatted briefly with
Paul Rasmussen regarding potential challenges to the pro-
posed ordinance. There do not appear to be any problems
with respect to the City's authority to adopt such ordinanc-
es. Paul indicated similar ordinances have been adopted by
municipalities throughout the country and none have been
struck down.
As you are aware, there are always potential problems
arising from enforcement of the ordinance (due process,
equal protection). I don't anticipate problems in this area
since all residential units are affected and the ordinance
has a well defined appeals procedure.
46?? -/4
-?1
K
• Paul raised one possible but somewhat remote inverse
condemnation issue which could arise if a rental structure
which has a revoked or suspended license and is involved in
a condemnation proceeding.
I have one comment with regard to the point of sale
inspection requirement. Currently the ordinance is drafted
so that maintenance is regulated. I believe that requiring
compliance with the housing code would be a more comprehen-
sive approach and would bring the section into a position
which more closely parallels the apartment licensing provi-
sions.
cc: Paul Rasmussen
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CITY OF RICHFIELD, MINNESOTA
MEMORANDUM
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March 21, 1987
TO: James Prosser, City Manager
FROM: Patrick Coughlin,
Fire Division Commander
SUBJECT: PROPOSED RENTAL LICENSING ORDINANCE
Atached is the rental licensing ordinance we wish to propose to
the city council for consideration.
The ordinance is one part of our response to concerns raised by
council members and citizens regarding the condition of property
in the city. Our objective is to systematically develop a set of
ordinances designed to control deterioration of Richfield's
housing stock, since such deterioration increases the risk of
health and safety problems for our residents. We will be
presenting further recommendations in the near future on
revisions to other ordinances and changes in our enforcement
methods.
BACKGROUND
The City of Richfield has enforced housing maintenance ordinances
since 1968. The ordinances are based upon nationally recognized
standards for housing. They are designed to ensure that homes and
apartments are maintained in compliance with the building code
after they are built. Our ordinances require the minimum safety,
hygiene and space standards needed to allow our citizens to live
in a safe environment.
We enforce the housing maintenance ordinances by responding to
complaints generated by citizens, usually neighbors or renters
who become aware of a violation and cannot get it resolved. The
ordinances require that we notify the violator in writing and
give him ten days to comply with the ordinance.
We have concluded from our analysis of the problem that our
present housing maintenance standrds are adequate; we will not be
recommending that we add new standards or make our existing ones
more restrictive. We have identified the problem as the process
we use to enforce those standards.
The rental licensing ordinance is designed to change our
enforcement procedure. It will allow us to identify problems
sooner by looking for violations on routine periodic inspections,
rather than wait until the problem becomes so serious that
someone notifies us.
The present method of enforcement requires that someone notify us
of a violation before we investigate. We find that in most
instances people will tolerate a violation for a long period of
time before calling us. They do so for several reasons. For
instance, people often hope that the violator will correct the
problem voluntarily, and don't want to risk offending the
violator by complaining. We are all aware of a host of neighbor
feuds which started with such a complaint. In the case of
renters, they usually have notified the owner and don't call us
until they feel the owner's work wasn't effective or he is taking
an unreasonable amount of time to respond to their request.
The time delay, for whatever reason, means that the violations
have become more serious by the time we investigate. That
complicates the enforcement process because more serious
violations are more expensive to remedy and take longer to
correct. Meanwhile the renter or neighborhood is exposed to a
health or safety risk for a longer period of time.
About half of the property maintenance complaints we receive
annually are from rental occupancies, although rental units
comprise only a third of all living units in the city.
The enforcement problem is being aggravated by the rapid increase
in rented one family homes. The number of these homes has more
than doubled in the past ten years. The 1977 housing survey noted
200 homes which were not owner-occupied. The most recent count
notes 500 homes in this category.
Historically, absentee landlords have been the most difficult
types of violators to deal with. The inspection records show that
they are less likely to maintain their property than owner-
occupied homes, and thus generate a higher rate of complaints. We
have difficulty in locating the landord to discuss the problems,
as many of them use a post office box to collect rents and do not
make their home address or phone number readily available. When
we do contact them it usually takes several contacts to get any
cooperation.
Other cities in Minnesota and around the country have implemented
rental licensing ordinances to help resolve the health and safety
problems brought on by deteriorating housing. A list of Minnesota
cities which regulate rental units and levy fees is attached.
FEATURES OF RENTAL LICENSING ORDINANCE
The ordinance would require every owner of rental living units,
be they apartments, duplexes or one family homes, to apply for a
license to operate. It would not apply to homeowners who live in
their home and rent out a room.
The license would be annually renewable and subject to revocation
if the property does not comply with the housing maintenance
ordinance. A fee would be charged, and the revenues would pay for
two and one half new positions in the Inspection Division. A
housing inspector would be hired to perform the more complex and
technical inspections, such as electrical and heating systems.
A firefighter would be hired to work a 40 hour per week schedule
to perform the routine housing inspections. A half-time
secretary would be added to handle apointments and scheduling for
both inspectors as well as the license applications, record
keeping and correspondence.
Hiring persons specifically for those duties would allow us to
select persons who can use common sense and diplomacy in
enforcing the housing ordinance, as we realize that those
characteristics are important for gaining compliance in a
cooperative spirit. Training would be ongoing to ensure that they
• maintain a high level of technical and communication skills.
ADVANTAGES OF RENTAL LICENSING ORDINANCE
The rental licensing ordinance will allow us to inspect each
rental unit periodically to ensure that it is being maintained in
compliance with the housing code. We will be able to spot
potential problems and inform the owner before a violation
occurs. For example, we can point out a screen door that isn't
shutting properly so the owner can repair it before it becomes an
opening for mice or insects; at present we do not become aware of
the problem until the building needs pest control measures. We
will be able to point out minor violations and get them corrected
before they become a serious health and safety threat. Lastly, we
will be taking on the responsibility for noting the violations to
the owners instead of leaving it to the tenants and neighbors.
This will serve to keep relations between them smoother and
reduce tensions caused by having to inform us of violations.
Minnesota Cities With Rental Licensing Ordinances
Bloomington (levies a housing inspection fee)
Brooklyn Center
Hopkins (called a registration ordinance)
Rochester
St. Anthony
St. Cloud
St. Louis Park (called a certificate of compliance fee)
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CHAPTER III
PART III. HOUSING - HEALTH AND SANITATION REGULATION
CROSS -REFERENCE: See Chap. III, Part I, for provisions relating
to general construction standards.
3.21. REGULATION OF SUPPLIED FACILITIES; MAINTENANCE AND OCCUPANCY OF
DWELLINGS AND DWELLING UNITS.
Subdivision 1. Definitions. The following terms shall have the meanings
ascribed to them in this section:
(1) "Basement" means a portion of a building located partly undergound,
but having less than half its clear floor-to-ceiling height below the average
grade of-the adjoining ground.
(2) Repealed. Bill 198475 (2/27/84)
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(3) "Dwelling" shall mean any building which is wholly or partly used or
intended to be used for living or sleeping by human occupants; provided that
temporary housing as hereinafter defined shall not be regarded as a dwelling.
(4) "Dwelling Unit" shall mean any room or group of rooms located within
a dwelling and forming a single habitable unit with facilities which are used
or intended to be used for living, sleeping, cooking and eating.
(5) "Extermination" shall mean the control and elimination of insects,
rodents or other pests by eliminating their harborage places; by removing or
making inaccessible materials that may serve as their food; by poisoning,
spraying, fumigating, trapping; or by any other recognized and legal pest elim-
ination methods approved by the health officer.
(6) "Garbage" shall mean the animal and vegetable waste resulting from
the handling, preparation, cooking and consumption of food.
(7) "Habitable Room" shall mean a room or enclosed floor space used or
intended to be used for living, sleeping, cooking, or eating purposes, ex-
cluding bathrooms, water closet compartments, laundries, pantries, foyers, or
communicating corridors, closets and storage spaces.
(8) "Health Officer" means the legally designated health authority of the
City, or his authorized representative.
(9) "Infestation" means the presence, within or around a dwelling, of any
insects, rodents, or other pests.
(10) "Multiple Dwelling" means any dwelling containing more than two
dwelling units.
(11) "Occupant" shall mean any person, over 1 year of age, living, sleeping,
cooking, or eating in, or having actual possession of, a dwelling unit or
rooming unit.
(12) "Operator" shall mean any person who has charge, care, or control of a
building, or part thereof, in which dwelling units or rooming units are let.
(13) "Ordinary Minimum Winter Conditions" means the temperature 15 degrees F
above the lowest recorded temperature for the previous 10-year period.
(14) "Owner" means any person who, alone or jointly or severally with
others:
(a) Shall have legal title to any dwelling or dwelling unit, with or
without accompanying actual possession thereof; or
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ORDINANCE CODE 50 CITY OF RICHFIELD, MINNESO rA
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(b) Shall have charge, care, or control of any dwelling or dwelling unit;
as owner or agent of the owner, or as executor, executrix, administrator, ad-
ministratrix, trustee, or guardian of the estate of the owner. Any such
person thus representing the actual owner shall be bound to comply with the
provisions of this ordinance, and of rules and regulations adopted pursuant
thereto, to the same extent as if he were the owner.
(15) "Person" shall mean and include any individual, firm, corporation,
association, or partnership.
(16) "Plumbing" shall mean and include all of the following supplied fa-
cilities 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. Bill 1984-5 (2/27/84)
(17) "Rooming Unit" means any room or group of rooms forming a single
habitable unit used or intended to be used for living and sleeping, but not
for cooking or eating purposes.
(18) "Rooming House" shall mean 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.
(19) "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, leather, tree branches; yard trimmings, tin cans, metals, mineral
matter, glass crockery and dust.
(20) "Supplied" means paid for, furnished, or provided by or under the
control of, the owner or operator.
(21) "Temporary Housing" shall mean 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 utilities system on
the same premises for more than 30 consecutive days.
Subd. 2. Inspection of Dwellings Dwelling Units, Rooming Units and Premises.
The health officer or sanitarian is hereby authorized and directed to make in-
spections to determine the condition of dwellings, dwelling units, rooming
units and premises located within the city in order that he may perform his
duty of safeguarding the health and safety of the occupants of dwellings and
of the general public. For the purpose of making such inspections the health
officer or sanitarian is hereby authorized to enter, examine and survey at all
reasonable times all dwellings, dwelling units, rooming units and premises.
The owner or occupant of every dwelling, dwelling unit and rooming unit, or
the person in charge thereof, shall give the health officer or sanitarian free
access to such dwelling, dwelling unit or rooming unit and its premises, at
all reasonable times for the purpose of such inspection, examination and survey,
subject to the provision of Subdivision 3. Every occupant of a dwelling or
dwelling unit shall give the owner thereof, or his agent or employee, access
to any part of such dwelling or dwelling unit, or its premises, at all reason-
able times for the purpose of making such repairs or alternations as are nec-
essary to effect compliance with the provisions of this section or with any
lawful rule or regulation adopted or any lawful order issued pursuant to the
provisions of this section.
ORDINANCE CODE
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51 CITY OF RICHFIELD, MINNESOtA
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Subd. 3. Search Warrant - When Necessary. If any occupant or owner of a
dwelling or dwelling unit will not give free access to the health officer or
sanitarian, such officers shall first obtain a search warrant from a court
with proper jurisdiction before entering upon the premises to which access
has been denied.
Subd. 4. Adoption of Rules and Regulations by the Health Officer or Sanitarian.'
The health officer or sanitarian is hereby authorized to make and, to adopt
such written rules and regulations as may be necessary for the proper enforce-
ment of the provisions of this section subject to the provisions for public
hearing in Subdivision 5 of this section; provided that such rules and regu-
lations shall not be in conflict with the provisions of this section, this
code or any other applicable law. The health officer or sanitarian shall file
a certified copy of all rules and regulations which he may adopt with the
clerk. Such rules and regulations shall have the same force and effect as the
provisions of this section, and the penalty for violation thereof shall be the
same as the penalty for violation of the provisions of this section.
Subd. 5. Public Hearing. Prior to the adoption of rules and regulations
pursuant to Subdivision 4 of this section, a public hearing shall be held be-
fore the board of health created in section 3.22 of this chapter for the pre-
sentation of any proposed rules or regulations. Notice of such public hearing
shall be published at least two (2) weeks before the hearing.
46.1
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Subd. 6. Minimum Standards for Basic Equipment and Facilities. No person
shall 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 following requirements:
(1) Every dwelling unit shall contain a kitchen sink in good working con-
dition and properly connected to a water and sewer system approved by the
health officer or sanitarian.
(2) Every dwelling unit except as otherwise permitted under paragraph (4)
of this subdivision, shall 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 health officer or sanitarian.
(3) Every dwelling unit except as otherwise permitted under paragraph (4)
of this subdivision shall 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 health officer
or sanitarian.
(4) The occupants 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;
(a) Neither of the two dwelling units contains more than two rooms;
provided that, for the purposes of this paragraph, a kitchenette or an effi-
ciency kitchen with not more than 60 square feet of floor area shall not be
counted as a room; and that
(b) The habitable area of each of such dwelling units shall equal not
more than 250 square feet of floor area; and that
(c) Such water closet, lavatory basin and bathtub or shower shall be in
good working condition and properly connected to a water and sewer system
approved by the health officer or sanitarian.
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ORDINANCE CODE 52 CITY OF RICHFIELD, MINNESOTA
(5) Every kitchen sink, lavatory basin and bathtub or shower required
under the above provisions shall be properly connected with both hot and cold
water lines.
(6) Every dwelling unit shall be 'supplied with adequate rubbish storage
facilities, type and location of which are approved by the health officer or
sanitarian.
(7) Every dwelling unit shall have adequate garbage disposal facilities
or garbage storage containers, type and location of which are approved by the
health officer or sanitarian.
(8) Every dwelling shall have supplied water-heating facilities which are
properly installed, are maintained in safe and good working condition, are
properly connected with the hot water lines required under the provisions of
paragraph (5) of this subdivision, and are capable of heating water to such a
temperature as to permit an adequate amount of water to be drawn at every
required kitchen sink, lavatory basin, bathtub, or shower at a temperature of-
not less than 120 degrees F. Such supplied water-heating facilities shall be
capable of meeting the requirements of this subdivision when the dwelling or
dwelling unit heating facilities.required under the provisions of paragraph
(6) of this subdivision are not in operation.
(9) Every dwelling unit shall 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.
Subd. 7. Minimum Standards for Light, Ventilation and Heating. No person
shall 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 following requirements:
(1) Every habitable room shall have at least one window or skylight facing
directly to the outdoors. The minimum total window glazed area for every
habitable room shall be 8 percent of the floor area of such room. Whenever
walls or other portions of structures face a window of any such room and
such light-obstruction structures are located less than 3 feet from the
window and extend to a.level above that of the ceiling of the room, such a
window shall not be deemed to face directly to the outdoors and shall 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 shall equal at least 15 percent of
the total floor area of such room. Bill 1984-5 (2/27/84)
(2) Every habitable room shall have at least one window or skylight which
can easily be opened, or such other device as will adequately ventilate the
room. The total of openable window area in every habitable room shall be equal
to at least 45 percent of the minimum window area size or minimum skylight-type
window size, as required by paragraph (1) of this subdivision, except where
there is supplied some other device affording adequate ventilation and approved
by the health officer or sanitarian.
(3) Every bathroom and water closet compartment shall comply with the light
and ventilation requirements of habitable rooms contained in paragraphs (1) and
(2) of this subdivision, except that no window or skylight shall be required in
adequately ventialted bathrooms and water closet compartments equipped with a
ventilation system which is kept in continuous operation and approved by the
health officer or sanitarian.
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ORDINANCE CODE
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(4) 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 shall contain at least two separate floor or wall-type electric con-
venience outlets, or one such convenience outlet and one supplied ceiling-type
electric light fixture; and every water closet compartment, bathroom, laundry
room, furnace room, and public hall shall contain at least one supplied ceiling
or wall-type electric light fixture. Every such outlet and fixture shall be
properly installed, shall be maintained in good and safe working condition, and
shall be connected to the source of electric power in a safe manner.
(5) Every dwelling shall have heating facilities which are properly in-
stalled, 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 P, at a distance three feet above floor level, under
ordinary minimum winter conditions.
(6) Every public hall and stairway in every multiple dwelling containing
five or more dwelling units shall be adequately lighted at all itmes. Every
public hall and stairway in structures devoted solely to dwelling occupancy
and containing not more than four dwelling units may be supplied with conven-
iently located light switches, controlling an adequate lighting system which
may be turned on when needed, instead of full-time lighting.
(7) During that portion of each year when the health officer or sanitarian
deems it necessary for protection against mosquitoes, flies and other insects,
every door opening directly from a dwelling unit to outdoor space shall be
supplied screens and a self-closing device; and every window or other device
with openings to outdoor space, used or intended to be used for ventilation,
shall likewise be supplied with screens; provided that such screens shall not
be required during such period in rooms deemed by the health officer or san-
itarian to be located high enough in the upper stories of buildings as to be
free from such insects, and in rooms located in areas of the city which are
deemed by the health officer or sanitarian to have so few such insects as to
render screens unnecessary.
(8) Every basement or cellar window used or intended to be used for ven-
tilation, and every other opening to a basement which might provide an entry
for rodents, shall be supplied with a screen or such other device as will
effectively prevent their entrance.
Subd. 8. General Requirements Relating to the Safe and Sanitary Maintenance
of Parts of Dwellings and Dwelling Units. No person shall 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 following re-
quirements:
(1) Every foundation, floor, wall, ceiling and roof shall be reasonably
weathertight, watertight and rodent proof; shall be capable of affording
privacy; and shall be kept in good repair.
(2) Every window, exterior door and basement hatchway shall be reasonably
weathertight, watertight and rodent proof; and shall be kept in sound working
condition and good repair.
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ORDINANCE CODE 54 CITY OF RICHFIELD, MINNESO fA
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(3) Every inside and outside stair, every porch and every appurtenance
thereto shall 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 shall be kept in
sound condition and.good repair.
(4) Every plumbing fixture and water and waste pipe shall be properly in-
stalled and maintained in good sanitary working condition, free from defects,
leaks and obstructions.
(5) Every water closet compartment floor surface and bathroom floor surface
shall 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 con-
dition,
(6) Every supplied facility, piece ofequipment or utility which is re-
quired under this section shall be so constructed or installed that it will
function safely and effectively, and shall be maintained in satisfactory
working condition.
(7) No owner, operator, or occupant shall cause any service, facility,
equipment or utility which is required under this section to be removed from'
or shut off from or discontinued for any occupied dwelling let or occupied by
him, except for such temporary interruption as may be necessary while actual
repairs or alterations are in process, or during temporary emergencies when
discontinuance of service is approved by the health officer or sanitarian.
(8) No owner shall - occupy or let to any other occupant any vacant dwelling
unit unless it is clean, sanitary and fit for human occupancy.
Subd. 9. Minimum Space, Use and Location Requirements. No person shall
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:
(1) Every dwelling unit shall contain at least 150 square feet of floor
space for the first occupant thereof and at least 100 additional square feet of
floor space to be calculated on the basis of total habitable room area.
(2) In every dwelling unit of two or more rooms, every room occupied for
sleeping purposes by one occupant shall contain at least 70 square feet of
floor space, and every room occupied for sleeping purposes by more than one
occupant shall contain at least 50 square feet of floor space for each occu-
pant thereof.
(3) No dwelling or dwelling unit containing two or more sleeping rooms
shall have such room arrangements that access to a bathroom or water closet
compartment intended for use by occupants of more than one sleeping room can
be had only by going through another sleeping room; nor shall room arrange-
ments 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.
(4) At least one-half of the floor area of every habitable room shall have
a ceiling height of at least 7 feet; and the floor area of that part of any
room where the ceiling height is less than 5 feet shall 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.
(5) Repealed. Bill 1984-5 (2/27/84)
(6) No basement space shall be used as a habitable room or dwelling unit
unless:
2/27%84 ,
ORDINANCE CODE 55 CITY OF RICHFIELD, MINNESO fA
(a) The floor and walls are impervious to leakage of underground and
surface runoff water and are insulated against dampness;
(b) The total of window area in each room is equal to at least the
minimum window area sizes as required in paragraph (1) of subdivision 7 of
this section;
(c) Repealed. Bill 1984-5 (2/27/84)
(d) The total of openable window area in each room is equal to at least
the minimum as required under paragraph (2) of subdivision 7 of this section,
except where there is supplied some other device affording adequate ventilation
and approved by the health officer or sanitarian.
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Subd. 10. Responsibilities of Owners and Occupants.
(1) Every owner of a dwelling containing two or more dwelling units is re-
sponsible for maintaining in a clean and sanitary condition the shared or
public areas of the dwelling and premises thereof.
(2) Every occupant of a dwelling or dwelling unit shall keep in a clean
and sanitary condition that part of the dwelling, dwelling unit and premises
thereof which he occupies and controls.
(3)- Every occupant of a dwelling or dwelling unit shall dispose of all his
rubbish in a clean and sanitary manner by placing it in the rubbish containers
required by paragraph (6) of subdivision 6 of this section.
(4) Every occupant of a dwelling or dwelling unit shall dispose of all his
garbage and any other organic waste which might provide food for rodents, in a
clean and sanitary manner, by placing it in the garbage disposal facilities or
garbage storage containers required by paragraph (7) of subdivision 6 of this
section. It is the responsibility of the owner to supply such facilities or,
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 re-
sponsibility of the occupant to furnish such facilities or containers.
(5) Every occupant 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 this provision of this section or of any rule or regulation
adopted pursuant thereto, except where the owner has agreed to supply such
service.
(6) Every occupant of a dwelling containing a single dwelling unit is re-
sponsible for the extermination of any insects, rodents, or other pests therein
or on the premises; and every occupant of a dwelling unit in a dwelling contain-
ing more than one dwelling unit is responsible for such extermination whenever
his dwelling unit is the only one infested. Notwithstanding the foregoing pro-
visions of this subsection, whenever infestation is caused by failure of the
owner to maintain a dwelling in a rodent proof or reasonably insect proof con-
dition, extermination is the responsibility of the owner. Whenever infestation
exists in two or more of the dwelling units in any dwelling, or in the shared
or public parts of any dwelling containing two or more dwelling units, exter-
mination thereof is the responsibility of the owner.
(7) Every occupant of a dwelling unit shall keep all plumbing fixtures
therein in a clean and sanitary condition and shall be responsible for the
exercise of reasonable care in the proper use and operation thereof.
ORDINANCE CODE
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56 CITY OF RICHFIELD, MINNESO rA
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CROSS-REFERENCE: See Chap. IV, Sec. 4.01, for general littering
regulations.
Subd. 11. Rooming Houses. No person shall operate a rooming house or shall
occupy or let to another for occupancy any rooming unit in any rooming house,
except in compliance with the provisions of this section, except the pro-
visions of subdivision 6 and subdivision 10.
(I) No person shall operate a rooming house unless he holds a valid rooming
house permit issued by the health officer or sanitarian in the name of the op-
erator and for the specific dwelling or dwelling unit. The operator shall
apply to the health officer or sanitarian for such permit, which shall be
issued by the health officer or sanitarian upon compliance by the operator
with the applicable provisions of this section and of any rules and regula-
tions adopted pursuant thereto. This permit shall be displayed in a conspic-
uous place within the rooming house at all times. No such permit shall be
transferable. Every person holding such a permit shall give notice in writing
to the health officer or sanitarian within 24 hours after having sold, trans-
ferred, given away, or otherwise disposed of ownership of, interest in or
control of any rooming house. Such notice shall include the name and address.
of the person succeeding to the ownership or control of such rooming house.
Every rooming house permit shall expire at the end of one year following its
date of issuance, unless sooner suspended or revoked as hereinafter provided.
(2) Any person whose application for a permit to operate a rooming house
has been denied may request and shall be granted a hearing on the matter be-
fore the health officer or sanitarian, under the procedure provided by sub-
division 5 of this section.
(3) Whenever upon inspection of any.rooming house the health officer or
sanitarian finds that conditions or practices exist which are in violation
of any provision of this ordinance or of any rule or regulation adopted pur-
suant thereto, the health officer or sanitarian shall give notice in writing
to the operator of such rooming house that unless such conditions or practices
are corrected within a reasonable period, to be determined by the health
officer or sanitarian, the operator's rooming house permit will be suspended.
At the end of such period the health officer or sanitarian shall reinspect
such rooming house, and if he finds that such conditions or practices have
not been corrected, he shall give notice in writing to the operator that the
latter's permit has been suspended. Upon receipt of notice of suspension,
such operator shall immediately cease operation of such rooming house, and no
person shall occupy for sleeping or living purposes any rooming unit therein.
(4) Any person whose permit to operate a rooming house has been suspended,
or who has received notice from the health officer that his permit is to be
suspended unless existing conditions or practices at his rooming house are
corrected, may request and shall be granted a hearing on the matter before the
health officer or sanitarian under the procedure provided by subdivision 5 of
this section, provided that if no petition for such hearing is filed within
10 days following the day of which such permit was suspended, such permit
shall be deemed to have been automatically revoked.
(5) At least one flush water closet, lavatory basin, and bathtub or shower,
properly connected to a water and sewer system approved by the health officer
or sanitarian and in good working condition, shall be supplied for each eight
persons or fraction thereof residing within a rooming house, including members
ORDINANCE CODE
4/8/68
57 CITY OF RICHFIELD, MINNESOTA
1
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of the operator's family wherever they share the use of said facilities; pro-
vided 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. All such facilities shall be so 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 shall be supplied
with hot water at all times. No such facilities shall be located in a basement
except by written approval of the health officer or sanitarian.
(6) The operator of every rooming house shall change supplied bed linens
and towels therein at least once each week, and prior to the letting of any
room to any occupant. The operator shall be responsible for the maintenance
of all supplied bedding in a clean and sanitary manner.
(7) Every room occupied for sleeping purposes by one person shall contain
at least 70 square feet of floor space, and every room occupied for sleeping
purposes by more than one person shall contain at least 50 square feet of
floor space for each occupant thereof.
(8) Every room unit shall 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.
(9) The operator of every rooming house shall be responsible for the sani-
tary maintenance of all walls, floors and ceilings, and for maintenance of a
sanitary condition in every other part of the rooming house; and he shall be
further responsible for the sanitary maintenance of the entire premises where
the entire structure or building is leased or occuped by the operator.
Subd. 12. Conflict of Provisions. 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 higher standard for the promotion and pro-
tection of the health and safety of the people shall prevail.
3.22. BOARD OF HEALTH.
Subdivision 1. Creation of Board. Pursuant to Minnesota Statutes 145.01,
there is hereby created a City of Richfield Board of Health.
Subd. 2. Council to Constitute Board. The board shall consist of the city
council and a physician who is the health officer of the city.
Subd. 3. Powers and Duties of Board. The board shall have the following
powers and duties:
(1) To investigate and make such reports and obey such directions concerning
communicable diseases as the State Board of Health may require or give.
(2) To cause all laws and regulations relating to the public health, in-
cluding any and all health regulations contained in this code, to be obeyed and
enforced.
Subd. 4. Inspection and Enforcement. The board and all officers or employees
of the board shall have the right to enter into any building, conveyance, or
place where contagion, infection, filth, or other source or cause of preventa-
ble disease exists or is reasonably suspected subject to the provisions of
section 3.21, subdivision 3.
4/8/68
ORDINANCE CODE 58 CITY OF RICHFIELD, MINNESO fA
Subd. 5. Uniform Enforcement and Appeals. Any and all orders or rules and
regulations adopted or issued by the board shall be enforced in the manner
provided in section 3.13 of part I of this chapter. Similarly, persons ag-
grieved by any order or rule or regulation of the board may appeal in accord-
ance with the provisions of section 3.13 of part I of this chapter.
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ORDINANCE CODE
4/8/68
58.1 CITY OF RICHFIELD, MINNESOTA
CITY OF RICHFIELD, MINNESOTA
Study Session Letter No. 10
April 6, 1987
Issue Statement:
Discussion of Energy Awareness Commission Activities 1986/1987
Background:
The past year the Energy Awareness Commission has been involved
in the following activities:
1. Reviewed and submitted written comments on the Hennepin
County Solid Waste Master Plan
2. Discussed the Exxon Overcharge Oil issue and supported
a letter with comments written by the Suburban Energy
Task Force. This letter was sent to the Governor.
3. Reviewed and attended public hearings on the proposed
Motor Oil Reclassification Rulemaking Process.
4. Invited area legislators and representatives from the
Pollution Control Agency to commission meetings to
discuss solid waste concerns.
. 5. Studied the local and national recyclable market
situation and attend School Board meetings to discuss
the importance of supporting recyclable markets.
6. Reviewed Hennepin County Ordinance #13 on Solid Waste
Source Separation. Commission's comments were
successful in exempting nonprofit volunteer groups from
licensing requirements.
The Energy Awareness Commission has approved two resolutions -
Resolution No. 20, Recommending Citywide Curbside Recycling if
feasible and Resolution No. 22, Recommending Preferential
Government Procurement of Recycled Products..... specifically
recommending that the city purchase recycled paper and other
goods at a rate of 15% of total paper purchases.
The Energy Awareness Commission is now, and will continue to work
with Hennepin County on the Solid Waste Source Separation. The
Commission will be relaying some concerns about this ordinance to
the council at the study session. Among these concerns are:
1. Apartment recycling - present recycling program does not
include apartment buildings with more than four units.
2. Increasing participation - how can this be done?
3. Yard waste - is there a cost effective way to capture
and recycle yard waste?
=/7/ /_ /
• 4. Total solid waste stream - how can Richfield's total
volume of solid waste be calculated?
5. Garbage collection - should the city investigate the
various forms of organized garbage collection?
Recommendation:
The Energy Awareness Commission is looking for council direction.
The Council can advise the Commission to seek out energy,
recycling and solid waste policy issues and to advise the council
on appropriate action. Specifically, the Council may urge the
EAC to advise the Council on issues raised by the increasing
recycling rates mandated in Hennepin County Ordinance #13. In
particular, the methods and costs of reaching these goals.
Basis for Recommendation:
1. The Energy Awareness Commission was appointed by the City
Council to advise the City Council on matters relating to
energy conservation and usage.
Alternative Recommendation:
1. The topics of energy, recycling and solid waste contain a
wide variety of public policy issues. This is a good
opportunity for the Council to suggest any of these issues
which they feel may be important.
• Discussion/Decision Mode:
No formal action will be taken at the April 6 study session.
Respec ully submitted,
Jam D. Prosser
Cit Manager
JDP/eja
40
SUMMARY
Ordinance Number 13
Solid Waste Source Separation
For Hennepin County
•
This published material is only a summary of the Ordinance. The full printed text is
available for public inspection during regular office hours at the office of the Clerk
of the County Board, A--2400 Government Center, Minneapolis, MN 55487.
An ordinance regulating the separation of recyclable materials from mixed
municipal solid waste by generators, before collection of such materials within
Hennepin County; designating responsibility for establishment, implementation,
and enforcement of municipal ordinances; establishing reporting requirements;
.and outlining procedures and penalties for non-compliance.
GENERAL PROVISIONS - Each municipality within Hennepin County is responsible
for adopting, implementing and enforcing an ordinance
relating to separation of recyclables from mixed
municipal solid waste at the point of generation.
The goal of this ordinance is a 16% reduction in the amount
of mixed municipal solid waste landfilled, centrally
processed, composted and/or incinerated during calendar year
1990. Each municipality is required to implement a
source-separation recycling program.by January 1, 1988.
The goal of said program(s) shall be a 16% reduction in the
amount of mixed municipal solid waste during calendar year
1990.
is
•
REPORTING - Each municipality shall report tonnages of recyclables.
REQUIREMENTS collected within its boundaries to Hennepin County
Department of Environment and Energy on an annual basis.
FAILURE TO COMPLY - If a municipality fails to implement a program or if the
program fails to achieve specified goals, the County may
implement a source separation recycling program as to persons
who are owners, lessees and occupants of buildings within the
boundaries of that municipality.
SOURCE SEPARATION -
PROVISIONS
VIOLATION AND -
PENALTY
If the County does implement a source separation recycling
program within a municipality, the County will designate
the materials that are to be separated and how these
materials are to.be prepared for collection; also the type,,
condition and location of containers for recyclables.
The County shall establish the time, route and method
of recyclables collection, and individuals authorized
to make such collection.
Any person who fails to comply with the provisions of
this ordinance may be charged with a violation not
exceeding a misdemeanor.
COSTS AND - The County may recover costs incurred resulting from
SPECIAL ASSESSMENTS non-compliance with this ordinance from individuals
and/or municipalities within Hennepin County.
ENFORCEMENT - The Department of Environment and Energy, Hennepin
County and any of its duly authorized representatives
shall have the power to issue warnings and citations
for violations of this Ordinance.
[HUSCHKE] SUMMARY
ORDINANCE NUMBER THIRTEEN
SOLID WASTE SOURCE SEPARATION
FOR HENNEPIN COUNTY
An ordinance regulating the separation of recyclable materials from mixed
municipal solid waste by generators, before collection of such materials within
Hennepin County;. defining the geographic area and the types of materials subject
to designation; establishing procedures and principles to be followed by the
various municipalities located in Hennepin County in order to reduce the volume
of solid waste generated in the County as specified herein; in order to promote
the health, welfare and safety of the public pursuant to Laws of Minnesota 1949,
Chapter 847, and Kim. Stat. Section 473.801, et. seq.
WHEREAS,. the Metropolitan Council, by state statute, has established a
source-separation goal of at least sixteen (16%) percent for Hennepin County; and
WHEREAS, in accordance with Minnesota Statutes,.Hennepin County is required
to establish source-separation goals for each city in Hennepin County; and
WHEREAS, said sixteen.(16%) percent source-separation goal is hereby
established for each city-in Hennepin County; and
WHEREAS, the County desires to 'provide financial incentives for cities to
establish source-separate programs to meet their city!s source-separation goals
and contribute toward meeting County source-separation goals; and
WHEREAS, the County desires to establish a further inducement to cities to
develop source-separation programs which meet source-separation goals by adopting
a County source-separation ordinance requiring the separation of mixed municipal
waste by generators, before collection, of materials which can be readily
• separated for use or re-use, and
WHEREAS, the County desires to support local source-separation programs by
establishing a facility or facilities to receive, store, process and/or prepare
for sale, reuse, or otherwise dispose of recyclable materials.
The County Board of Hennepin County, Minnesota, does ordains
SECTION J DEFINITIONS
The following words and phrases, when used in this ordinance, unless the
context clearly indicates otherwise, shall have the meanings ascribed to them in
this section.
b
Subsection 1 "Aluminum Recyclables" shall be deemed to include all
disposable containers fabricated primarily of aluminum and commonly used for.
soda, beer, or other beverages.
Subsection 2 "Can.Recyclables" shall be deemed to include all disposable
containers fabricated primarily of metal or tin.
Subsection 3 "Cities" means statutory and home rule charter cities and
towns authorized to plan under sections 462.351 to 462.364.
1
J
Subsection 19 "Person" means any human being, any municipality or other
public agency, any public or private corporation, any partnership, any firm,,
association, or other organization, any receiver,. trustee,'assignee, agent or
other legal representative of any of the foregoing or any other legal entity.
Subsection 20 "Political' Subdivision" means any municipal corporation,
governmental subdivision of the statee local government unit,- or special district.
Subsection 21 "Recyclable'Materials" means all items-.of 'refuse designated
by the Hennepin County Department of Environment and Energy to be part of an
authorized recycling program and which are intended for,transportation,
processing and remanufacturing or reuse.
Subsection 22 "Recycling" means the process of collecting and preparing
recyclable materials and reusing the materials 'in their original'form or using
them in manufacturing processes.
Subsection 23 "Source Separation" means the separation'of recyclable
materials from mixed municipal solid waste at the source of generation
Subsection 24 "Solid Waste" has the meaning given it in Minn. Stat. Section
116.06, Subdivision 10.
Subsection 25 "Recyclable Materials Processing Facility" means a facility
established and used for the receiving, storage; preparing and/or processing of
recyclable materials for sale or reuse.
Subsection 26"Waste Tire" means a pneumatic tire or solid tire for motor
vehicles as defined in Minn.'Stat. 169.01. and included in the Solid Waste
Management Plan pursuant to Minn. Stat. 115A.46.
SECTION II GENERAL PROVISIONS
Subsection 1 It shall be the responsibility'of each municipality to'adopt
an ordinance or ordinances relating to the separation of recyclables within the
boundaries of the municipality, the purpose of said ordinance being to reduce the
amount of solid waste generated within the municipality by at least 16% during
calendar year 1990 which is an amount established by the Metropolitan Council,and
adopted by the Hennepin County Board as set forth in Hennepin County Solid Waste
Master Plan.
Subsection 2 The implementation and enforcement of said ordinance shall be
_ the .responsibility of each respective municipality. If a municipality should
fail to implement a program`by January 1, 1988, or implement a program which
fails to meet the 16% waste reduction percentage during calendar year 1990, as
set forth in Subsection 1, the provisions appearing in Section.v of this
Ordinance shall come into effect. This ordinance shall not prohibit a
municipality or municipalities from `entering into agreements relating to any
facet of source separation of recyclables
• 3
d.) Can recyclables shall be clean of all contents.
Can recyclables shall not be placed in plastic bags.
All aluminum, glass and can recyclables shall be placed into containers and
not mixed with other forms of solid waste or mixed municipal' solid waste in a
manner consistent with the rules, regulations- and procedures adopted by the
County Board.
Subsection 2 Container Requirements Containers shall be provided by all
persons who are owners, fees, or occupants of any building, cowwrcial or
residential, and shall be:
a.) maintained in a clean and sanitary condition in accordance
with all pertinent health statutes, ordinances, rulesand
regulations;
b.) located in such a manner so as to prevent them from being
overturned or obstructing pedestrian or motor vehicle
traffic or being in violation of any statute, ordinance,
rule or regulation; and
c.) adequate and substantial enough to contain the recyclables therein.
Such further specifications relating to containers may be adopted by the
County Board.
Subsection 3 Collection. The collection, removal and disposal of
• recyclables shall be supervised by the County Board, which shall have. the power
to establish the time, method and routes of service. Special times for large-
item pick-up may also be established: Collection provisions shall include but
not be limited to the following:
a.) Notice of dates and times of collection will be published
or otherwise made available to persons affected herein.
b.) The Department may establish drop-off or collection sites
where any person may deposit recyclables at such times and
locations as determined.
C.) It shall be unlawful for any person other than employees of
the Department, or authorized persons, collectors or haulers
to distribute, collect, remove or dispose of recyclable
materials after said materials have been placed or deposited
for collection.
d.) Nothing in this Ordinance shall abridge the right of any
person to give or sell their recyclable materials to any
recycling program.lawfully operated for profit, non-profit
or charitable purposes.
adoption, implementation, administration and enforcement of a
source-separation ordinance within the boundaries of ? local unit.'
C. ENFORCEMENT
Subsection 1 Warnings. The Department or any of its duly authorized
representatives and collectorsand haulers of recyclables, ma issue
notice to any person observed not in compliance with any' Y a warning
provision of this
Ordinance.
a.) The warning notice shall be on such form(s) as provided by the
Department,
b.) Forms shall be provided to collectors and haulers who may issue
such warning notices by placing or attaching them to waste
containers or on the premises where the violation occurs.
c•) A copy of any warning notice as issued by a collector or hauler
shall be forthwith sent to the Department.'
Subsection 2 Collection Refusal. A collector or hauler may, upon
issuance of a warning notice for noncompliance, not accept for collection the
noncomplying waste materials.
Subsection 3 Costs for Compliance. A collector or hauler may, upon
issuance of a warning for noncompliance, undertake to render any noncomplying
recyclables placed for collection to be in compliance and a reasonable fee for
undertaking shall be allowed and reported to the Department. The Department
may certify the fee as costs to the county Auditor as a special tax to be
assessed against the real property of the
person in noncompliance.
Subsection 4 Citations. The Department or any
of
its
resen author
duly
p tatives shall have the l authorized
re power to issue citations: for violations of
this Ordinance, but this shall not permit such representatives to physically
arrest or take into custody any violator except on warrant duly issued.
a.) Form of Citations: Citations shall contain at
least the
following:
(1) The name and address of the person charged with the
violation or the owner or person in charge' o
f th
e
premises at which the violation occurs.
I
(2) The date and place of the violation.
(3) A short description of the violation followed by the
section of this Ordinance violated.
(4) The date and place at which the person receiving the
citation shall appear and a notice that if such
person does not respond, a warrant may be issued
for such person's arrest.
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7
•
RESOLUTION NO. 20
ENERGY.AWARENESS COMMISSION
CITY WIDE CURBSIDE RECYCLING RECOMMENDATION
WHEREAS, State Legislation has been passed that landfills
will close in the Metropolitan area by 1990; and
WHEREAS, source separation will reduce the volume of solid
waste taken to the landfills; and
WHEREAS, Hennepin County and the Metropolitan Council have
established source separation goals of sixteen (16%) percent;. and
WHEREAS, in accordance with Minnesot Statutes, Hennepin
County has established source separation goals for each city in
Hennepin County; and
WHEREAS, Hennepin County desires to provide financial
incentives for cities with source-separation programs to meet
their city's source-separation goals and contribute towards
meeting County source separation goals.
BE IT RESOLVED, THEREFORE, by this Energy Awareness
Commission of Richfield, Minnesota, as follows:
That the Energy Awareness Commission encourages the City
Council to consider Curbside recycling of glass, paper, aluminum,
batteries and oil city-wide for the 1987 budget if it is at all
economically feasible.
Passed by the Energy Awareness Commission of the City of
Richfield, Minnesota this 15th day of July, L986.
1z
Si-matey R. Sanfbrd,
?-
RESOLUTION NO. 22
ENERGY AWARENESS COMMISSION
PREFERENTIAL GOVERNMENT PROCUREMENT
PROGRAMS FOR RECYCLED PRODUCTS
WHEREAS, historically, governmental policies have favored
the development of natural resources over scrap and recyclables,
and
WHEREAS, increasing.•the supply of recyclables without
simultaneously increasing the demand for those materials will
quickly discredit recycling, and
WHEREAS, local and state.governments can make a large impact
by purchasing recyclable products, and increasing the
availability of recycled products.
BE IT RESOLVED, THEREFORE, by this Energy Awareness
Commission of Richfield, Minnesota, that the following actions be
taken
1.. We suggest that the City of Richfield use recycled
products, at least as fifteen (15X) percent or more of each
recycled product, and
2. That the City of Richfield encourage cooperative buying
groups in which it participates to purchase recycled materials,
Passed by the Energy Awareness Commission of the City of
Richfield this 16th day of December, 1986.
Sidn y. M. anfor , hairman
Paul G. ea o.y, Secretary
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