City of Red Wing Ord. 18

Ordinance No. 18, Fourth Series

AN ORDINANCE AMENDING CHAPTER FOUR OF THE CITY CODE BY ARRANGING THE ORDINANCE IN LIKE MANNER WITH THE EXISTING CODE, DELETING SUBDIVISIONS 3(A) AND 3(B) OF SECTION 4.05, WHICH REGULATED BUILDINGS THAT WERE UNFIT FOR HUMAN HABITATION, AND CREATING SUBDIVISION 4 IN SECTION 4.05, WHICH CONCERNS BUILDINGS THAT ARE UNFIT FOR HUMAN HABITATION

THE CITY COUNCIL OF THE CITY OF RED WING ORDAINS AS FOLLOWS:

SECTION 1. Certain sections of Chapter 4 of the City Code of the City of Red Wing are hereby amended by deleting the overstruck language and inserting the underlined language as shown below:

SEC. 4.03.HOUSING MAINTENANCE CODE.

Subd. 4.Definitions.

A.For purposes of Section 4.30 4.03, the definitions below apply.

B.If a term used in Section 4.30 4.03 Subd. 8 is not defined in Section 4.30 4.03, but is defined in an applicable Minnesota Building Code, that term shall have the meaning as defined in that Code.

C.Terms that are not defined in Section 4.30 4.03 or (for Subd. 8) in an applicable Minnesota Building Code shall have their ordinary accepted meanings within the context in which they are used, as determined in the following manner:

1.For undefined terms in Section 4.30 4.03 Subd. 8, Webster’s Third New International Dictionary of the English Language, Unabridged, copyright 1986, shall be considered as providing ordinarily accepted meanings.

2.For undefined terms in any other subdivision of Section 4.30 4.03, the on-line version of the Merriam-Webster Collegiate Dictionary, available at www.m-w.com, shall be considered as providing ordinarily accepted meanings.

Subd. 5.Applicability. A Building and its Premises used in whole or in part as a residence, or as an Accessory Structure thereof except rest homes, convalescent homes, nursing homes, Hotels, and Motels, must conform to the requirements of this code. Licensing and inspections of Rental Dwellings and their premises are governed by Section 4.31 4.04. Enforcement action, under the HMC, against Owner Occupied Dwellings is limited to violations of Paragraphs (B) through (F) of Subdivision 9. This limit does not apply to Rental Dwellings, rented portions of Dwellings, Common Areas, or areas that are under the exclusive control of a Rental Dwelling Owner, such as mechanical rooms, storage rooms, or vacant rental units. These Rental Dwellings, portions of Dwellings, Common Areas, areas under the exclusive control of a Rental Dwelling Owner, and vacant Rental Dwelling Units, shall comply with this section in its entirety. Condominium and Cooperative Housing public areas shall be subject to the requirements applicable to Rental Dwellings if one or more Dwellings in such a building is a Rental Dwelling. Except as otherwise provided in this subdivision, the HMC establishes minimum standards for erected Dwelling Units, Accessory Structures, and related Premises.

SEC. 4.04.RENTAL DWELLING LICENSING CODE.

Subd. 1.Inspection and Licensing of Rental Dwellings.

C. Rental Dwelling Inspections.

10.The scope of a Licensing Inspection shall be limited to what is necessary to determine in accordance with this subdivision whether the Unit and its premises conform to the HMC. This shall not preclude the enforcement officer from relying upon observations from a Licensing Inspection in seeking one or more of the remedies provided in Section 4.31 4.04 Subd. 2.

Subd. 2.Administration and Enforcement.

D.Compliance Order.

4.Include information regarding the owner’s right to appeal the order and the procedure to be followed in filing such an appeal pursuant to section 4.31 4.04, subdivision 4 3;

5 E.Emergency Cases. For purposes of subpart 4(c) D(3) above, situations which constitute an imminent peril to life, health, or property include, but are not limited to the following:

(a) 1. Heating systems that are Unsafe as defined in Section 4.30 4.03 Subd. 4 due to: burned out or rusted out heat exchanges (fire box); burned out, or plugged flues; not being vented; being connected with unsafe gas supplies; or being incapable of adequately heating the living space.

(b) 2.Water heaters that are Unsafe as defined in Section 4.30 4.03 Subd. 4 due to: burned out or rusted heat exchanges (fire box); burned out, rusted out, or plugged flues; lack of proper venting; being connected with unsafe gas supplies; or lack of temperature and pressure relief valves.

(c) 3.Electrical systems that are Unsafe as defined in Section 4.30 4.03 Subd. 4 due to: dangerous overloading; damaged or deteriorated equipment; improperly tapped or spliced wiring; improper or overloaded fuses; expose uninsulated wires; distribution systems of extension cords or other temporary methods; ungrounded appliances in a hazardous condition.

(d) 4.Plumbing systems that are Unsanitary as defined in Section 4.30 Subd. 4 due to:

(1) (a) leaking waste systems fixtures and traps;

(2) (b) lack of a water closet;

(3) (c)lack of washing and bathing facilities;

(4) (d) cross connection of pure water supply with fixtures or

sewage lines.

(e) 5. Structural systems, walls, chimneys, ceilings, roofs, foundations, and floor systems that are Unsafe as defined in Section 4.30 4.03 Subd. 4.

(f) 6. Refuse, Garbage, human waste, decaying vermin or other dead animals, animal waste, other materials rendering it that are Unsanitary as defined in Section 4.30 Subd. 4.

(g) 7. Infestation of rodents, insects, and other vermin.

6. F.Follow-up Inspection.

(a) 1.If the premises are in compliance with the requirements of this section at the time of the follow-up inspection, a license may be required in accordance with the requirements of section 4.31 4.04.

(b) 2.If the enforcement officer determines that the violation(s) has not been corrected and the rental unit(s) has not been vacated, the enforcement officer shall suspend any existing license. The enforcement officer also may issue a citation or may file a formal complaint summoning the responsible party into court. The citation shall reiterate the charge and the ordinance section(s) violated. The City may also take action to correct violations under the provisions of Section 4.31 4.04, subdivision 2, paragraph 9 G.

(c) 3.. . .

7. G.Execution of Compliance Orders by Public Authority.

8. H.No Warranty by City.

Subd. 3. Appeals.

1. A. Right of Appeal.

2. B.City Council Decision.

SEC. 4.05. UNSAFE AND HAZARDOUS BUILDINGS, STRUCTURES AND EXCAVATION.

Subd. 1.Hazardous Building And Excavations Prohibited.

Subd. 2.Unsafe Buildings And Structures.

A.Definition and Abatement.

B.Notice to Owner.

C.Hearing Procedure.

D.Posting of Signs.

E.Right to Demolish.

F.Costs.

G.Unlawful Act.

Subd. 3.Unfit for Human Habitation.

A.Declaration. The Building Official or his designee shall order any building or portion of a building to be vacated if its continued use is dangerous to life, health, or safety of the occupants. Such place shall be considered “unfit for human habitation” for purposes of this subdivision. Whenever any dwelling, dwelling unit, or rooming unit has been declared unfit for human habitation, the enforcement officer shall order same vacated within a reasonable time and shall post a placard on same which shall: (i) be in writing, (ii) include a description of the property sufficient for identification, (iii) include a statement of a reason or reasons or building code why it is being issued, (iv) include a description of the repairs and improvements required to bring the dwelling or multiple dwelling into compliance with the provisions of this ordinance, and (v) include a statement of time to correct the violations.

B.Vacated building. It is unlawful for such dwelling, dwelling unit, or rooming unit to be used for human habitation until the defective conditions have been corrected and written approval has been issued by the enforcement officer. It is unlawful for any person to deface or remove the declaration placard from any such dwelling, dwelling unit, or rooming unit.

CH. Secure unfit and vVacated bBuildings. The owner of any dwelling, dwelling unit, or rooming unit which has been declared unfit for human habitation, or which is otherwise vacant for a period of six days or more, must make same safe and secure so that it is not hazardous to the health, safety, or welfare of the public and does not constitute a public nuisance. Any vacant dwelling open at doors or windows, if unguarded, shall be deemed a hazard to the health, safety, and welfare of the public and a public nuisance within the meaning of this ordinance, and may be secured by the City under the provisions of Minnesota Statutes, Section 463.251.

DI. Standards for bBoarded oOpenings. All boarding over windows, doors or other openings shall be covered with ½” or thicker CDX plywood that is primed and painted to a light or matching color. The board(s) shall be the minimum number of pieces needed to cover the opening, well cut to fit and placed so there are no protruding edges. The board(s) shall be mounted in such a manner or sealed at edges so that rainwater is shed away from interior structural components. Fasteners shall be galvanized or anodized finish and shall be placed at board corners and then no further than 12 inches apart around the board perimeter.

Subd. 4 3.Hazardous Excavations.

Subd. 4.Unfit for Human Habitation. Under the Local Public Health Act, the Goodhue County Community Health Board (or its agent) has the responsibility to order an owner or occupant of a property to remove or abate a threat to the public health which is found on the property, such as a public health nuisance (i.e., a garbage house), source of filth, or cause of sickness. Minn. Stat. §§ 145A.01-.17.

SEC. 4.06.MANUFACTURED HOME PARKS.

Subd. 1.Definitions. The following terms, as used in this Section, shall have the meanings stated:

1. A.“Closure Statement” . . .

2. B.“Displaced Resident” . . .

3. C. “Lot” . . .

4. D.“Manufactured Home” . . .

5. E.“Manufactured Home Park” . . .

6. F.“Manufactured Home Lot” . . .

7. G.“Manufactured Home Stand” . . .

8. H.“Accessory Service Building” . . .

9. I.“Permit” . . .

10. J.“Non-Conforming Uses” . . .

11. K.“Park Owner” . . .

12. L.“Person” . . .

SEC.4.07 VIOLATION OF A MISDEMEANOR.Every person violates a section, subdivision, paragraph or provision of this Chapter when he performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful or fails to act when such failure is prohibited or declared unlawful by a Code adopted by reference by this Chapter, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. A violation of one or more standards of Section 4.30 4.03 (the Housing Maintenance Code) does not constitute a “violation” within the meaning of this Section.

SECTION 2: Effective Date. This ordinance shall be in full force and effect after its adoption and publication in accordance with the City Charter.

Introduced the 26th day of September, 2011.

Adopted this 10th day of October, 2011.

s Ralph Rauterkus

Ralph Rauterkus, Council President

ATTEST:

s Kathy Seymour Johnson_

Kathy Seymour Johnson, MCMC, City Clerk

(Seal)

Presented to the Mayor at 9:44 pm. on this 10th day of October, 2011.

Approved this 10th day of October, 2011.

s Dennis Egan_

Dennis Egan, Mayor

Oct. 15

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