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1989-09BILL NO. 1989 - 9 AMENDMENT TO CHAPTER IV, PART III OP THE ORDINANCE CODE OF THE CITY OF RICHFIELD CITY OF RICHFIELD DOES ORDAIN: Chapter IV of the Ordinance Code of the City of Richfield entitled "Building, Housing and Construction Regulations" is hereby amended in the following respect: I. The City Code is amended by adding new subsection 405.25 to read: 405.25. INSPECTION AND LICENSING OF APARTMENT HOUSES AND RENTAL HOMES. Subd. 1. DEFINITIONS. For the purposes of this subsection and subsection 405.26 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 by persons other than the owner. (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 bf blood, marriage or adoption. The term "family" includes necessary employees. (5) "Housing Code" means subsections 405.01 through 405.23 of this code together with the Uniform Housing Code as adopted by subsection 400.03 of this code, and shall also mean all other codes and regulations of the City pertaining to the occupancy and habitability of the licensed premises. (6) All other definitions contained in subsection 405.01, subdivisions 1-20 are incorporated in this subsection by reference and made a part hereof. (7) "Owner" means, with respect to all matters involving the making of applications and the giving of notices, the individuals or entities holding legal and equitable title to the premises, or the legally constituted agent designated by the Owner Yor such purposes. Subd. 2. LICENSE REQUIRED. (1) General Rule. It is unlawful for any person who is an owner oP 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 subsection. (2) Exceptions. Apartment houses and rental homes which are existing and in operation prior to March 1, 1990 may continue to operate notwithstanding the requirement of paragraph (1) of this Subdivision, provided a complete application therefor has been submitted to the City by March 1, 1990 in accordance with paragraph (1) of Subdivision 3 of this subsection. Such operation may continue until a final determination is made by the City not to issue a license. Subd. 3. LICENSING PROCEDURE. (1) Application: When Made. By March 1, 1990, the owner of an apartment house or owner of a rental home shall apply to the director of public safety for the license required by subdivision 2 of this subsection. Application shall be made on forms provided by the city and accompanied by the initial fee required by subdivision 7 of this subsection. The owner of an apartment house or rental home constructed after said date shall submit a license application prior to actual occupancy of any apartment unit or rental home. (2) Application: Contents. The application shall contain the following information together with such other information as the director of public safety may require to assess compliance with the housing code and this subsection. (a) If the applicant is a partnership, the names and addresses of each partner, (b) If the applicant is a corporation, the names and addresses of the majority shareholder, and the names and addresses of the officers. (e) The names, addresses and telephone numbers of individuals responsible for the maintenance and management of the premises. (d) The names, addresses and telephone numbers of the individuals responsible for keeping and maintaining the tenant registers. (3) Issuance of Licenses. If the director of public safety concludes as a result of the information contained in the application and other information available to the director of public safety, that an apartment house or rental home appears to comply with requirements of the housing code and this subsection, the director of public safety shall issue the license. If the director of public safety concludes as a result of the information contained in the application and other information available to the director of public safety, that an apartment house or rental home appears not to be in compliance with the housing code and this subsection the director of public safety shall order an immediate inspection to determine compliance. If the immediate inspection discloses noncompliance, the applicant shall have a 60 day period from receipt of notice of noncompliance to correct the defects specified in the notice, but only if the defects do not create an imminent hazard. The director of public safety may, in his discretion, authorize additional time for compliance. From the date that the director has ordered an immediate inspection, no occupancy of dwelling units then vacant, or which become vacant, is permitted until a license has been issued. Apartment units within an unlicensed apartment house for which a license application has been made and which units are determined, based upon a review of the application, and other information available to the director of public safety, to be 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 a final determination on the granting or denial of the license is taken by the city. (4) Denial: Appeal. In any instance where the director of public safety has denied an application for a license the applicant may appeal the decision to the city manager by delivering to the manager a notice of appeal within ten (10) days of receipt by the applicant of notice of the director of public safety's decision. The City Manager shall have ten (10) days from receipt of applicant's notice of appeal to sustain or rescind the action of the director of public safety. In the event the decision of the city manager sustains the decision of the director of public safety in whole or in part, the applicant may appeal such decision to the city council by delivering to the city clerk a notice of appeal within ten (10) days of receipt by the applicant of notice of the city manager's decision. The decision of the city council or any decision by the director of public safety or the city manager which is not appealed in accordance with this paragraph shall be deemed a final determination by the city. Subd.4. LICENSE: RENEWAL: TRANSFER. The term of a license granted under this subsection is one year from the date of issuance. The licensee shall report to the director of public safety any material changes in the identity of the Owner, including a change in the majority shareholder or shareholders and officers in the case of corporations. The license must be renewed annually thereafter. The license is transferable upon application to the director of public safety, 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 3 its issuance, a certificate may be accepted by the city in satisfaction of the requirements of this subsection 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 director of public safety. The approval shall be based upon undue hardship or other extraordinary or exceptional circumstances, provided that no such occupancy constitutes an immediate hazard. Approval shall not be given until the prospective owner or designated agent has filed on forms supplied by the city, a statement of intent to comply with the housing maintenance code. Compliance dates in the statement of intent to comply shall be established by the director of public safety. 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 subdivision. Subd. 6. ADDITIONAL INSPECTIONS. If following the issuance of a certificate, the city finds by complaint or otherwise that the structure may be maintained in a substandard manner, anew inspection will be required in order to satisfy the requirements of this subsection. Subd.7. NO WARRANTY BY CITY. By enacting and undertaking to enforce this subsection neither the city nor its council, agents or employers warrant or guarantee the safety, fitness or suitability of any dwelling in the city, and any representation to the contrary by any person is a misdemeanor. Purchasers or occupants should take whatever steps they deem appropriate to protect their interests, health, safety and welfare prior to purchase or occupancy of the dwelling, without reliance on this certificate. A warning in substantially the foregoing language shall be printed on the face of the certificate. Subd. 8. REPORT. Prior to January 1, 1992, the city manager shall submit to the city council a report on the regulatory activities of the city undertaken pursuant to this subsection. The report shall include: the number of certificates issued; recommended amendments to the ordinance; recommended adjustments to city staff to ensure adequate enforcement; a summary description of enforcement activities undertaken to enforce the provisions of this section; and any other information or comments deemed by the manager to be appropriate. Subd. 9. REMEDIES. Any person who violates the provisions of this subsection, or who makes a knowingly false statement in the application, is guilty of a misdemeanor. In addition, the city may enforce the provisions of this section in any court of competent jurisdiction in law or equity. 6 III. This ordinance is effective on March 1, 1990. Passed by the City Council of the City of Richfield, Minnesota this 9th day of October, 1989. CITY OF RICI~FIELD By e"ven J. QGary~// Mayor ATTEST: Thomas P. Ferber City Clerk 1 1 7 IlAinnesota Suburban Newspapers City of Richfield AFFIDAVIT OF PUBLICATION ` AmEly~ PART III O OF CITY OF RTC)~'IELD DOES ORU STATE OF MIItINESOTA) (,7ugter'IV of the Ordinance Code of atraetiw Regulations" is hereby ame 3s. I. The Cits~ C°de is amended by ad 406.25, ~ BPECTiO~ AND LI COUNTY OF HENNEPIN) SUbd.1. DEFINITIONS. For the p defined herein have the fonowhlg (1) `Apartment house" m ®r e ~ o r y P t a C ~ n ,being duly sworn vn an oath says that heJshe Js (2). Apalrtanent'; `~ eat or wed the owner. (3J "Rants] Home" means a the publisher or authorized agent and. employe@ of the publisher of the newspaper known as °~' uian the,owner. (4) "Family means one or single, nonprofit housekeeping R i c h f i e l d Sun - C u r r e n fi ,and has full knowledge of the facts which are fraternity or sorority house. excee~ng twee ~ mm~bef; not ly" includes necessary empl (5) "FIousingg Code" moans stated b@I~ the Uniform Iionsing Code as mwan all n4Mn~.nrioc a..~7..e.na., (fi) All Other definitlOAS Con A The news () paper has complied with all of the regwiremerlts const{tuting qualifif~tion as a qualified newspaper in this snbsection by reference " " , ow,fer c~) means, with and the giving of soli the the premises, or the ly aS provided by Minn@sota Statute 331A.02, ~i'tA.07 and Oth@r applkabl@ IaM18 a8 am@nd@d. subd. 2. LICI;+NSE REQUIRE). , , (I) General Rafe. It is unla or an owner of a rental home ~ i l l fd o . 1989- 9 ([3) The printed shat having abtaiiied a ncense on pM r° ~ ~ a li O to N fa t'ch 11x90 m y l)~ this Subdivisio ~ ~ h t mibted t e t9 by March 1 this sulseetion SUCK operation City net to issae a license. Subd. 3. LICENSING PRf)CED which is attached was cut from the columns of said newspapeti; and was printed and published once each week, c1) AppHeation: when mace. owner ofa rental home shams by subdivision 2 of this sUbsee d for one succ@ssiv@ w@eks; it was first published on ~ e d n e s d a Y , ~ is ~y o wn~e~r dogaan apartmen house a ncei>se apphcation prior to a (2) Application: Contents. of October 19 i~ 9 ,and was thereafter printed and published on @very to together with such other inform ~ampnance`with the horsing .(a) If the applicant is a (b) R the appncant is a and inClUding , th@ day Of , 19 ;and prillt@d below is ,shareholder, and the names (c) The names, addresses maintenance and management a espy of the lower case alphabet from A to z, bath inclusiv@, which is her@by acknowledged as t>:@ing the siz@ keap;~ ~a ~~aa (3) Issuance of Licenses. If information contained in the ap posit pU and" kind of type used in the com ion and blication of the notice: quire tints oo ~tile~honsing Cad „ issue the license. If the director ~ - contained in the application and b d~ hi ld that an apartment house or rem a e g f mno ing code and this subsection th ~ sp~~ion to determine complfa>i the appncant Shan have a 00 de rest the defects specified in the hazard. The dhxctor of pnbIlc compliance. From the date TITLE: @ n @ 8 1 M iA n @ L @ (" u"~een~e"has i~ieen ~ ~. A`p~arh,z a license appncation has been m of the application, and other i~ Aeknowledgeai before me on this in compnance with the hoii~ng within the apartment house do of persons in occupied units. ~ day of 0 b e C ~ 9. on the grantingApopredaloniel ~ ]f p ~ on~ r n e ~ ~ 1 a p c t fo a lice s t a delfrvering to the manager a no / cant of notice of the director of `Y`/ (10) days from receipt of appli N the director of public safety. L .. MEl$IC9EL nil. HE~r3L.C3M decision of the director of pub Bach decision to the city council ROTAIRY f~tlBLtC--MItVlVE30TA ' ten (10) days of receipt by the a l~1ENttIEPINP`o®t.iiiiYY r sion of the city council or ary 6 ,~~-.. ~ A9~' CaM6A)F8i~i EXPIRES 7-2•ffi2 which is not appealed in acco urination by the city. Subd. 4. LICENSE: RENEWAL: subsection is one. year from the da public safety any material changes RATE INFORMATION majority shareholder ar shareholde must be renwved annually thereafter. of public safety, and payment of the that the apartment ho>~ or rental (1) Lowest classified rate pakl by commercial ~ users $ 1.00 per lin@ shall terminate if renewal or applies for com arable s ace p p (Line, word, or inch rate) of ownership of the apartment h Subd. 5. LICENSES: S[)SPENSI (2) Maximum rate allowed by law for th@ above matter $ li90a per lin@ this subsection may be suspended the director of public safety, and (Un@, WOrd, Or inch rate) a determination by the du~tor of p 3) Rate aetuall ch ~ for the above matter m ( Y ~'9 $ 53.7 p@r line in violation of the Housing Code. U violation, the ncense may be revoked (Lin@, WOrd, Or Inch rate) of this code. The license may also made a materially false statement sfiall be accompanied by an amount - after suspension or revocation shall _ license. Subd. 6. LICENSES: DISPLAY. .... ,ae .,..o....~ - ~ City of Richfield (official > ' 13ILI. NO. 1889-9 AMENDMtt'.NT To CHAPTER rv PART III OF THE GRDDVANCE CODE _ i..n... ~R Ay~~ A ~~~ OF THE CITY QF RICBFHiiI.D inapotnr IV of the Ordinance Code of the City of Ricbfl®Id ent~tled'Bulldfng..Housing and Con- rruaoaDtil Regu~ttons" is hereby amendodm the faIlowing respect: The Cittyy Gode is amendied by adding riew subsection A08.25 to read; 405.9b. II~b9PEGR'ION AND LICENSI11fG OF APARTMENT HOUBES AND.RENTAL HOMES. Subd. L DEFII1tETIONS. Flur the purposes ~ lids ~bsectianand subsecdion 40b.$B the terms defined herein have the following m W `~lparhnem house" nieansbnddhig eon~mug three or more dwelIlr~ units. (2). Apartmem ; `h ent snit" er timit"means a room or ~rnoms -located wIlhin a boil ng and tiar~oag a a(~~mgt~e ~abitable unit with f~aei~vabieh are used ar intended to.be used for Ilving, sleeping, cooking and eathrg by persons other than the owner. (8) "Rental Nome" means a one ~ two-family dwellhig which is occupied by persons other than the owneg (4) "Family" mearffi ors or more p oeettpymg a dveelling unit and living as a singly nonproIlt hoAaekeep' unit' as kEd from a ggrroouupp ceeagaaying a hotel, chi frafermty or sorority house. The term "family" does not inoitide a group ~ individaalls, ea~ thvee in nunitaer, not related IPy blood, marriage ar adoption Th term "farm- ly"' inelu es necessary employees, (5) "Nausing Coda" means sui~seoti©~ 4,01 tBrough 4~i.2S of this code tether wltti the Uniform Rfousing Code as adapted by subsection 400.Q8 of this code, and shall also meanall of codes and reg}ilatta~ns of the Ciyvpertaroing to the oeeitpaney aridhabitabilf- ty of the Ileensed premises. (6) All other detinlCions eontairretl in sul~sectioa 4M.01, subdivision 120 are ineorporatied' in this su}nrection bq rof®ronce a~ made a part hereof. ap add bhe ~~v1ng~~ nobs'[ the in~dusls or ent~ mho d~ ~~eal~an~d~~table tlbio~to 'thepremrses, or the Yegy con4tituted agent designated by ~e Uwner for such purposes. Subd 2. LICI;NBE REQUIttED. (1) Goners! Rate. Itis umawflil for any person who is an owner of an a thouse or an owner of a rental home to operate such apartment house or rental homenwit~out first having obtained a license ~mder the provisions oY this subsection. (2)~ Eaeop~s. Apartment houses aid rental homes which are ~isting~ ra- lion prior to Nf'aSCb 1, f991i may continuk to operate notwithstanding the ent of paragraph W of Q~is Subdivision, provided a eonipiete application therefor bas been sub- mitted to the Cltq by March 1 1990 in accordance with paragraph (i) of Subdivision 3 of this subsection Such operation may eontmue tmtil a final determination is made by the City not to issue a lice~e. - ~ Strbd. 3. LICENSING PROCEDURE. (1)' Application: ~Yhen Made. lay 1~ 1, 1980, the owner of an anarlmo~ $ouso or owner of a rented home shall apply to t~atgg erector of pub;ie safety for the IfCrex~e r~yir~i ' by subdivision 2 of this subsection Application shall be made on forms provided the eitq and accompanied by the initial fee required by subdivision 7 of this subsection The mvner of an apartment house or rental home cors~tructed after said date shall submit a Ileenso;app cation prior to actual occupancy of auy apartment unit or rental home. (2).AppHestion: Contents. The appliration shall contain the following information togetifler with such other information as the director of public safety may to assess complianee'with the housing code anrlitbis subsection. .(a) Tf the appIleam is a panne the n~*nes and addresses of each partner, (b) R file applicant is a c on, the names and addresses of the ma,Tority shareholder, and Qie names and a of the officers. (c) The names, addresses and teteghone numbers ~ individual responsible for the maimtenanee and management of the promises. (d) The names, addresses and telephone numbers of the individuals responsible for keeping and maintaining the tenant registers. (3)' Issuance of Licenses. If the director of public safety concludes as a result m the informetion contained ni the appication and other information available to the director of ~ribIlc safety that an apartment house or rental home appears to comply with re- quu'ements of tie housing cede and this subsection, the director of .pubfle safety"shaIl tsstie the license. If the director ~ prdiIlc safety concludes as a result of the information - containedm the appIli~tion aryl other~niormation available to the director of public safety, that an apartment house or rental home appears not to be in eompIlance with the hous- ing code and this subsection the direetgr of public safety shall order an rmmediate in- spection to determine compliance. If the~immediate inspection discloses noacampIlanees, the ~pplfcant shall have a 8(i day period from receipt of notice of noncompIlaace to cor- rect the d~eets specifiedm the notice, but.only if the defects do net create an inunin~t hazard. The director of ~btic safety map, m ins discretion, authorize additional time for comp]lance. From tare date that the director has ordered as immediate ~#ion, no occupancy of dwelling units then vacant, or which became vacant' is pe until a Ilcemge has been issued Apartment units within an milteeaseda eathouse for which -a license appIleation bas been made and which units are determbased upon areview ~ the application, and other information avaihibke to the dhector of publte safety, to in compliance with the hou.~urg code msy be cecapied provided that non-eompIying uait~ withn lbe apartment home do rat er~te an imminent hazard to the health amt safety m persons in occupied units. Such oceu~ancy mayy continue until a final determination an the granting or denial of the Ilcenge, is taken b the (4) Denial: Appea In any i~tance where the director of public safety~as domed an adpplfo won /mr~a_ lieelnse the aplr3feant y a lha decisiam to the dty mana~ cant of notice of motor ofhubliea~ ~ (~) ~~ of receipt bq the ap~p~ p lys decision The City 14Iaaager shag have (1D) days from receipt of applicant's notice of appeal to sustain or rescind file action of the director of public safety. m the evem the decision of the city manager sustains the decosion of the director of pubIIe safeettyy in whole or in part, the ap~Ilcant may ap such decision to the c councd by deHyeriug to the oily ei®rk a notice of a'pp~l thin. ten (IO) days of reee~'pt by the applicant of a0tice of the caty s decision The d~a~ sloe of the city eouneil or arty decision by the dk~ector of pubifcros sty or the city manager which is not appealed in accordance wi~h tills paragraph shall be deemed a final deter- mination by the city. Subd 4 LICENSE: RENEWAL: TRANRFEIi. The term of a Ilcense granted wader this subsection is one year from the date of issuance. The licensee shall report to the director of public safety arty material m the identity of the Owner, iachrding a change m the niajorftiy sbareitoider or sharmr~rs and officers m the case of corporations. The liieve@ mustbe renewed annually thenaa£ter, The tic~hse is tramgferableupon application to thedfQectsr m public safety, and payment of the license tran9fer fee by the prospective awn~rr,, provided that the apartment house or rental home is in compliance with the housing code. R7te Ilcenge shall termroateff renewal or application for tramgfer is not made within 30 days after ta~amgfer of ownership of the apartment home. Subd g. LiCENBES: 9U3PENBIDN: REVOCATION. A Ileenge issued or renewed under this subsection may be suspended a £mding of norNeompliance with this subsection by the director of public safety, and written gotice to the licensee, Noncompliance shall inelade a determination by the director of public following inspection, that the premises are in violation of the Rousing Code. Upon fail~~ the Ilcensee to complyy with Cho notice of vto~tion, the Ilcense may be revelled or m the manner providedbysnbseetion I0~21 of this code. The license may aL~o be revs opkedsuspeaded upon a tladmg that Cite licensee made a materially false statement in the appIlcation Reinstatement of a suapeaded Ilce~e shall be accompanied by an amount equal to 90% of the Ilceffie fee. Issuance of a new Ilcense after s¢spension or revocation shall be made in the manner provided for obtaining an initial LICENSES: DISPLAY. I.icensev issued under this sutisectien shall be displayed on the premises of the apartment hoses or nxital home, wherever feasible and produced uuppoon demand of a prospective tempt, the director of pnble safety or his authorised represesfative. Except as otherwtae previded in this subsection all provisions9 of subsections 1005.11 to 1805.23 of thus code are applicable to licenses ugsued under this subsectios. Subd. 7. TENANT REGISTER. The licensee shall, as a continuing obligation of its license, maintain a current register of tenants and other persons who have a lawful right to occupan- cy of apartments within the apartment house. In its application, the licensee shall d to the person or ns who will have possession of the register; and shalt promptly no~tho director of lie safety of any change of the identity, add or telephone numbers of such teens. The rater shall be available for,inapection by the director of pubIIc safety, or his m, at all times. Subd. 8. INSPECTION. The Hcensee or the applicant, if the application is pending, shall permit the duector of public safety or h7s~le9ignate to enter upon the ltce»sed premises, ~follow- mg reasonable advance notice, for the purpose of conducting in.9 ens to verltq compliance with the housing code. Said inspections shall be made at such try entice as the director of pubyic safety shall, is his sole 'udgment, deem apppropriate and necessary. ' Sulxl. 9. FEES. The fees for I~censes required by this subsection are in the amounts estab- lished in Appendix D of Chia code. A &cense fee, or license transfer fee which is not paid os the date due sha11 be increased by a 10%. penalty for each month or portion thereof'durhlg which said fee remains unpaid. Subd. 10. COMI'LiANCE WITH MINNESOTA STgTUTE, Nothing in this subsection is in- tended to modify or abrogate the rights of tenanffi of apartments tells or owners of apart- ment houses granted by Miimesota Statate Sections 588.18 to 586.33. The city manager may d let srbject to city council approval, administrators to carry out the duties assigned by the court pursuant to said statutes. Subd. ll. REMEDIIESS. An9 person who violates the provisioffi of this subsec8on or who i makes a materially false statement in the Iapplfeation, rs guilty of a misdemeanor. In addf- I tier, the dty may enforce the provisions of tltrs subsection in any scurf of competent jurisdis- I lion in law or equity. Suhd.12. REPORT. Prior to January 1,1992, fhe dty meaeger shall submit to the d croimcil I a report on regulatory activities of the dry undertaken pursuant to this subsection. Tile report i shallmclade: the number of licenses granted; the number of rental homes, apartments and apartment units licensed; recommended mmendmenis to the ordinance; recommended ad- justments to dry staff to engtae satisfactory enforcement; a summary description of enforce meat activities undertakes to enforce the previsions of this sabsestton; and any other infor- mation or cemmeaffi deemed bb~~ the manager to be appropriate. II. The city trade is amended b9 adding new Subsection 405.E to read: 405.28 CERTIFICATE OF HOUSING MAWTENANCE COMPLIANCE FOR SINGLE AND TW0.FAMH.Y HOMES. Subd. L CERTIFICATE REQUIRED. (1) No single or two family structure or dwelling unit which is a part of a multiple dwelling lesated within the city may be veluntarily~eo~eyed for co deration by deed or contrast for deed after Mareh 1, 1890, unleav the relinquishing ownership or the agent of sash pe~se~n has fIISL applied for asd~~nseeured a certificate of housing maintenance compliance. (2) This subsection shall not apply to aqy apartment ltouae or rental home llseassd under subsection 485.25 of this code, and shall have no effect apes the provisions of law or other ordlmnceg related to the issuance of ltuiddtng permits. Subd. 2. APPLICATION AND INSPECTION, (1) Application for life certifimte of horsing maintenance compliances shall ba ~- esuted open forms provided by fire city and accompanied by the initial fee established is Appendix D of finis coda (2) upon receipt of a properly exerted agplisatlon fhe du+esinr of public safety shall cause an tier to be made of the premises to ensure that the structure is in con- . ppHansa with applicable provisions of suhaecttore 405.91 through 465.23 of this code (the henina mahtterranee code). ~~ Subd, 3. ISSUANCE OF.CERT(FICATE, if the structure is in eomp]}once with the te- griremenffi of the honehtg maintenance code, a certificate shall be issued to the person relin- quishing ovmersirip or the agent thereof, stating that the strnetare has been iIIapested•and 1 ai ilr compliance witir the ho~ca;nv maintenance soda During the period of one year following its isauanee, a certificate maybe accepted IiY the dty in satisfaction of the requiremenffi of tills subsection without the need for a second inspection. Subd. 4. OCCUPANCY PI3OHHIITED The person relinquishing ownership or their designated agent shaII obtain the certificate from the cityprior to trat>afer oP ownership The prospective owner shall not occupy the structure prior to issuance of the certificates excxtpt' pursuaIIt to subdivision 5. Sulxi. 5.Ofri;I[)PANCY. Aper~on may be granted permission to occupy a dwelling prior to issuance of the certificate upon the approval of the director of public safety. The approval shall be based upon undue hardship or o er extra or ese~tional eircnmatancay, pro- vlded that no sash occupancy eo~titutes an immediate pproval shall not be given until the prespgctive owner or designated agent has filed onforms supplied by the dry, a state meat of intent to comply with the h maintenance erode. Comp once dates In the state-. .• meat of intent to comply shall be establls ed by the director of Hs safe Failure to make the required coirectiong by the comphance dates shall eoffitltut~.e a violati n of this cxttYe and shall tertian void nm er...........i .a_.__ _..~-_.. . . IIe$ a 1ieVP i1l8pCEtlOn Will bC --'-"d ••.•• -"..,........aa,u a auwJVAltuar(i mane required in order to satisfy tits enffi of this sabsection: 9ubd. 7. NO WARRANTY RY CITY. By enacting and an~evi~ng to enforce this sutuec- tion ne}that the dry nor its eonncil, agenffi or employers warrant or guarantee the safety, ~ ffitness or suilablllty of any dwelling lit the tits, and aqy rbpreaentation to the con by aqy person is a mtsdemeano>: Hrrchaseis or occupants shhould take whatever steps they appropriate toprotest ~ interests, health, safety and Welfare prior to of the dwe>~, without reliance on this ser~3fieate, A warning ffi subs the fo~ragoipg language he printed on the face of the certificate, Subd, 8. REPORT. Prior to Janua~ 1,1982, the city manager shall submit to trite dry eoun- dl areport on the regulatory adivi es of the tits untie s pursuant to this aubsectioa. The report shall include: the norther of certificate issued; ~reeommended amendments 20 the ordinance; recommended adjnatmenffi to city staff to ensure ad to enforcement• a summary deasrtptioa of enforcement activities undertaken to enforce the provisions of t~tia ~ ,: section; and aqy other information or eommenffi deemed I+y the pger to be a roprlate. Subd. 9 REMEDIES. Aqy poison who.violatea the provlsioitatitis aubseottin, or Who makes a knowugly false statement in the application; i8 guilty of a misdemeanor` In addi- tier, the tits may effiorce the provietoiis of dtia section in arty court of competent jrriedictlon in IoW or equity. ~' III. This ordinance ffi effective on March 1990. Passed by ~ City Council of the City of Richfield, Minnesota this 9th day of October; 19q. CITY OF RICIII~7FII.D ' - liy STBYEN 3 QUAM ATTEST: Mayor THOMAS P. FEBBER City Clerk (Oct. 18, 1989)-RICH