(A) Findings and purpose statement. The City Council finds that it is in the best interest of the city to use its police powers to protect the public health, safety, and general welfare of its citizens by adoption of these property maintenance regulations. The intent of these regulations is to further the following objectives:
(1) To preserve the value of all properties within the city;
(2) To protect the character and stability of all properties within the city;
(3) To provide minimum standards of maintenance for property within the city and to prevent conditions that adversely affect or are likely to adversely affect the safety, health and welfare of not only persons occupying the property, but all persons who may enter or be exposed to the conditions on the property; and
(4) To correct or abate conditions on property that do not comply with the standards of maintenance established herein and subject persons to unsafe or unhealthy conditions on the property.
(B) Application and scope.
(1) All owners and occupants of property shall comply with the provisions set forth in this section and elsewhere in this code. This section applies to all property located within any commercial, industrial, or residential zoning district, as those terms are defined in this chapter.
(2) This section does not apply to the following:
(a) Unimproved land, which may be allowed to remain in a natural condition, but shall comply with all other provisions of this code;
(b) Vacant buildings, structures, and accessory structures scheduled for demolition or removal, provided they are secured in such a way that they present no public danger; and
(C) Definitions. For purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY STRUCTURE. Shall have the meaning stated in the zoning regulations of this code. Accessory buildings or structures include, but are not limited to: decks, porches, fences, retaining walls, and sheds.
BUILDING. Shall have the meaning stated in the zoning regulations of this code. Buildings include, but are not limited to: dwellings, offices, and stores.
EXTERMINATION. The control and elimination of the infestation of insects, rats, mice, vermin, rodents, bats or other pests by eliminating their harborage places, by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination method.
GARBAGE OR REFUSE. Animal or vegetable waste or other matter resulting from the handling, storage, preparation, cooking, and consumption of food, including the cans, containers, wrappers or other packaging therefrom and any combustible or non-combustible waste materials other than garbage,
including but not limited to: packaging waste of household products; liquid or aerosol hazardous waste, including used or discarded auto oil and fluids, paint, stain and finish products, finish removal products, cleaning chemicals and the like; and unused appliances, furniture, paper, cartons, boxes, wood and wood by products, rubber, leather, tin cans, metals, mineral matter, glass, crockery, tires and other similar materials.
HAZARDOUS BUILDING OR HAZARDOUS PROPERTY OR HAZARDOUS CONDITION. Any building or property, or conditions located therein or thereon, which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition, or abandonment, constitutes a fire risk or a danger or threat to public safety and health.
INFESTATION. The presence, within or contiguous to a structure on the property, of insects, rats, mice, vermin or other pests or rodents in numbers or quantities large enough to be harmful, unhealthy, or unsafe for human habitation.
PESTS. Rodents or insects at any stage of development and other destructive or offensive vermin, including, but not limited to, rats, mice, fleas, roaches or bats.
PROPERTY. Developed land, parcel or platted lot, including any buildings, structures, and accessory structures thereon.
STRUCTURE. Shall have the meaning stated in the zoning regulations of this code.
UNSANITARY CONDITION. An unhealthy or unhealthful condition tending to harbor or spread disease or cause illness or sickness such as an infestation; accumulation of human or animal fecal matter or other waste not properly disposed of; accumulation of garbage, refuse, debris, or other items that hinder the proper ventilation for or the ability to freely access a mechanical or other system or
unit (e.g., utility meter, electrical box, water heater, furnace or other appliance) within a structure or hinder the ability to freely open doors and windows for egress or access stairways; and significant accumulation of unclean food or eating dishware, utensils and cookware, etc.
(D) Maintenance requirements. The owner and occupant of a property shall keep and maintain the property in compliance with the following requirements:
(1) Exterior property areas. Exterior property areas, which means all areas of a property which are exterior and not related to any portion of a building, structure, or accessory structure located on the property, shall be maintained as follows:
(a) The exterior property areas shall be kept and maintained in a clean, safe, and sanitary condition;
(b) The property shall be graded and maintained to prevent the erosion of soil and accumulation of water thereon, or within any building located thereon, except in approved water retention areas; and
(c) Private sidewalks, driveways, and similar areas shall be kept in good repair and maintained free from hazardous conditions.
(2) Exterior of buildings, structures, and accessory structures.
(a) General. The exterior of any building, structure, or accessory structure shall be maintained in good repair so as not to pose a threat to the public health, safety, or welfare. All accessory building and structure exterior surfaces shall be constructed and maintained with protective covering or treatment as to protect the surfaces from the weather elements and decay. Exterior wood surfaces shall be protected and maintained with either exterior paint or stain or other protective covering or treatment such as siding. All roofs shall be maintained and properly protected with singles, tin roofing or other products deemed acceptable under the Minnesota State Building Code to provide the building weather-resistant and water tight. For all accessory buildings constructed by conventional methods, the exterior wall surfaces and roof shall have protective covering as is otherwise required for residential homes under the Minnesota State Building Code.
(b) Exterior surfaces. Exterior wood surfaces shall be protected from the elements and decay by maintained paint, stain or other protective covering or treatment. Peeling, flaking and chipped paint shall be removed and the surfaces repainted or otherwise covered by other protective wood covering. Joints in siding materials and between siding and other features shall be maintained weather-resistant. Metal surfaces subject to rust or corrosion shall be stabilized and treated to inhibit future rust or corrosion. For purposes of this section, if 20% or more of a wall or other surface area, such as: fascia, soffits, rake, has the protective coating peeling, flaking, chipping, or deteriorated, then the wall or surface area shall be restored to a protected condition.
(c) Structural members. Structural members shall be maintained free from deterioration and shall be of a condition that is capable of safely supporting the imposed loads.
(d) Exterior walls. Exterior walls shall be free from holes, breaks, and loose, missing or rotting materials.
(e) Roofs and drainage. The roof and flashing shall be maintained weather-resistant so as not to allow moisture to enter the building. Roof drainage systems shall be maintained in good working order to perform the intended function. Roof water shall not be discharged in a manner that creates a public nuisance.
(f) Stairways, decks, porches, and balconies. Stairways, decks, porches, and balconies, and attachments thereto, shall be maintained structurally sound, in good repair, capable of supporting the imposed loads, able to perform the intended function and maintained weather-resistant.
(g) Chimneys, flues, and vents. Chimneys, flues, vents, and other similar features shall be maintained in good and safe repair and structurally sound. Exposed surfaces of metal or wood shall be maintained and protected from rust or decay according to the requirements of this chapter.
(h) Windows, skylights, and doors. Windows, skylights, and doors of the principal use buildings shall be kept in good repair and weather tight. Glazing materials with cracks, holes, or similar damage and missing glazing shall be replaced with approved glazing materials.
(i) Safety features. Safety features that are placed on property shall be maintained in good condition and repair and structurally sound to perform the intended function.
(j) Premises identification. Approved numbers or addresses shall be displayed on all residential and commercial buildings in such a position as to be plainly visible and legible from the street or road fronting the property. These numbers shall be a minimum of four inches in height, have a minimum stroke width of one-half inch, and shall contrast with the surface on which they are mounted.
(3) Interior areas. The owner and occupant of a building or accessory structure shall maintain the interior area of the building in compliance with the following requirements:
(a) General. The interior of any building or accessory structure on the property shall be maintained in good repair, structurally sound, and in a sanitary condition. The occupant shall keep that part of the building or accessory structure on the property which the occupant occupies or controls in good repair, structurally sound, and in a sanitary condition.
(b) Good repair and structurally sound.
1. All buildings, accessory structures and any portion of any building or accessory structure, including mechanical, electrical, plumbing and other building systems, previously constructed or installed in accordance with city and state fire and building codes shall be maintained in conformance with the requirements of the code in effect at the time of the construction or installation. All mechanical, electrical, plumbing and other systems or fixtures within the building or accessory structure shall be properly installed and maintained in working order and functional condition in accordance with the state building code regulations in effect at the time the building was originally constructed. All systems and fixtures shall be kept free from obstructions, leaks, or defects and be capable of performing the function for which such fixture or system is designed and shall be maintained in a safe, sanitary and functional condition. All structural components and members of the building's interior shall be maintained in good repair and structurally sound condition capable of supporting the imposed loads. A vacant or unoccupied building or unit therein may have water, electric or natural gas services discontinued so long as:
a. The Minnesota State Building Code or the Minnesota State Fire Code does not require continued utility service(s) for the building or unit; or
b. The safety and welfare of the other units in the building are not adversely affected by the discontinued utility service.
2. Any vacant or unoccupied building or unit therein that has water services not discontinued during winter months as to put the safety and welfare of the other units in the building at risk of damage or injury (e.g., frozen water lines) may be deemed a public nuisance.
(c) Accumulation of garbage. All interior areas of the building or accessory structure on the property shall be free from any excessive accumulation of garbage or refuse. Accumulation of garbage or refuse shall be deemed to be excessive if such accumulation hinders the proper ventilation for or the ability to freely access a mechanical or other system or unit (e.g., utility meter, electrical box, water heater, furnace or other appliance) within the structure or hinders the ability to freely access stairways or to open doors and windows for egress or is of such quantity to cause or be cause for the attraction or infestation of pests and rodents on the property. All garbage and refuse shall be stored and disposed of in accordance with the regulations governing storage and disposal of garbage elsewhere in this code.
(d) Infestation. All buildings and accessory structures shall be free from rodent or pest infestation. The owner and occupant shall not permit the accumulation of garbage, refuse or other material as to provide shelter to or serve as a food source for rodents or pests.
(e) Unsanitary conditions. The owner and occupant shall not allow the building or accessory structure to be maintained in an unsanitary condition, including, but not limited to: the accumulation of human or animal fecal matter or other similar waste; the unlawful accumulation and storage of garbage; the accumulation of unclean and unsanitary food preparation and consumption cookware, dishes, eating utensils, and other similar ware.
(f) Hazardous building or condition. No property, building or accessory structure shall be maintained as a hazardous building or in a hazardous condition.
(E) Other code provisions. The maintenance requirements set forth herein are not exclusive and are in addition to all other provisions of this code or state law that regulate the condition or use of property, including, but not limited to: storage of garbage or refuse, junk vehicles or appliances; weed and pest control; building, fire and plumbing code requirements; individual sewage treatment systems; and prescribed public nuisances.
(F) Public nuisance declared. A violation of any provision in this section shall constitute a public nuisance. It shall be the primary responsibility of the property owner and occupant to abate any public nuisance as declared in this section which exist on the owner's or occupant's property. The abatement of any public nuisance and the cost thereof shall be governed by the general public nuisance regulations elsewhere in this code.
(G) Enforcement. Any Apple Valley peace officer or other designated city official shall have the power to enforce any provision of this section and to determine whether a public nuisance, as declared herein, exists or is being maintained on the property. The city further authorizes, at the request of and in cooperation with any Apple Valley peace officer or other designated city official, any designated employee of Dakota County public health or human services agency(s) to undertake the responsibilities of enforcing the provisions of this section.
(1) Notice of violation. Whenever a peace officer, other designated city official, or Dakota County public health or human services agent (hereinafter "official") determines a public nuisance exists or is being maintained on a property, the owner of record or occupant, or both of the property shall be notified in writing that a public nuisance exists and that it shall be abated within a reasonable time as determined by the official. The notice of violation shall specify each of the existing public nuisances, the necessary repairs, if any, or other work necessary to abate each nuisance, a reasonable time deadline to abate the public nuisances, and the city's authority to abate the public nuisance if the owner or occupant fails to do so and to collect the city's costs thereof as permitted by state law. The notice shall be served upon the occupant of the property at the property address and upon the owner of record, if different than the occupant. The notice may be served in person or by U.S. mail; service upon the owner of record who is not the occupant of the property shall be mailed to the last known address of the owner as provided by the Dakota County property tax records.
(2) Entry upon property. If the owner or occupant of the property refuses consent to an official to enter the property for purposes of enforcement of this section, the official is authorized to take any and all necessary steps to obtain a warrant or other order from the court authorizing entry.
(3) Abatement of nuisance. The official enforcing the provisions of this section shall be authorized to contract services of a third party to abate any public nuisance on a property when the property owner or occupant has provided written consent. If the owner or occupant does not voluntarily abate the public nuisance or provide written consent to the city to abate the public nuisance, then the city may proceed with any other legal remedies available to cause the abatement of the declared public nuisances and the collection of its costs for said abatement as provided by the provisions in this code and Minnesota state law.
(Ord. 694, passed 6-14-01; Am. Ord. 854, passed 2-12-09; Am. Ord. 888, passed 5-13-10; Am. Ord. 1061, passed 5-9-19)