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All buildings or portions thereof shall be provided with the degree of fire resistive construction as required by the Building Code for the appropriate occupancy, type of construction, and location on property; and shall be provided with the appropriate fire extinguishing systems or equipment required by Chapter 38 of the Building Code.
(Ord. 148, passed 9-11-1989) Penalty, see § 10.99
(A) Generally. Any building or portion thereof which is determined to be an unsafe building in accordance with § 203 of the Building Code; or any building or portion thereof, including arty dwelling unit, guest room or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building.
(B) Inadequate sanitation. Inadequate sanitation shall include, but not be limited to, the following:
(1) Lack of, or improper water closet, lavatory, bathtub, or shower and dwelling unit or lodging house;
(2) Lack of, or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel;
(3) Lack of, or improper kitchen sink in a dwelling unit;
(4) Lack of hot and cold running water to plumbing fixtures in a hotel;
(5) Lack of hot and cold running water to plumbing fixtures in a dwelling unit of lodging house;
(6) Lack of adequate heating facilities;
(7) Lack of, or improper operation of, required ventilating equipment;
(8) Lack of minimum amounts of natural light and ventilation required by this subchapter;
(9) Room and space dimensions less than required by this subchapter;
(10) Lack of required electrical lighting;
(11) Dampness of habitable rooms;
(12) Infestation of insects, vermin, or rodents as determined by the Health Officer;
(13) General dilapidations or improper maintenance;
(14) Lack of connection to required sewage disposal system; and
(15) Lack of adequate garbage and rubbish storage and removal facilities as determined by Health Officer.
(C) Structural hazards. Structural hazards shall include, but not be limited to, the following:
(1) Deteriorated or inadequate foundations;
(2) Defective or deteriorated flooring or floor supports;
(3) Flooring or floor supports of insufficient size to carry imposed loads with safety;
(4) Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration;
(5) Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety;
(6) Members ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration;
(7) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety;
(8) Fireplaces or chimneys which list, bulge, or settle, due to defective material or deterioration; and
(9) Fireplaces or chimneys which are in insufficient size or strength to carry imposed loads with safety.
(D) Nuisance. Any nuisance as defined in this subchapter.
(E) Hazardous electrical wiring. Electrical wiring which was installed in violation of code requirements in effect at the time of installation or electrical wiring not installed in accordance with generally accepted construction practices in areas where no codes were in effect or which has not been maintained in good condition or which is not being used in a safe manner shall be considered substandard.
(F) Hazardous plumbing. Plumbing which was installed in violation of code requirements in effect at the time of installation or plumbing not installed in accordance with generally accepted construction practices in areas where no codes were in effect or which has not maintained in good condition or which is not free of cross-connections or siphonage between fixture shall be considered substandard.
(G) Hazardous mechanical equipment. Mechanical equipment which was installed in violation of code requirements in effect at the time of installation or mechanical equipment not installed in accordance with generally accepted construction practices in areas where no codes were in effect or which has not been maintained in good and safe condition shall be considered substandard.
(H) Faulty weather protection. Which shall include but not be limited to the following:
(1) Deteriorated, crumbling, or loose plaster;
(2) Deteriorated or ineffective waterproofing of exterior walls, roof, foundations, or floors, including broken windows or doors;
(3) Defective or lack of weather protection for exterior wall covering, including lack of paint, or weathering due to lack of paint or other approved protective covering; and
(4) Broken, rotted, split, or buckled exterior wall covering or roof covering.
(I) Fire hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation which, in the opinion of the chief of the Fire Department or his or her deputy, is in such a condition as to cause a fire or explosion or provide ready fuel to augment the spread and intensity of fire or explosion arising from any cause.
(J) Faulty materials of construction. All materials of construction except those which are specifically allowed or approved by this subchapter and the Building Code, and which have been adequately maintained in good and safe condition.
(K) Hazardous or unsanitary premises. Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions constitute fire, health, or safety hazards.
(L) Inadequate exits. Except for those buildings or portions thereof which have been provided with adequate exit facilities conforming to the provisions of this subchapter, buildings or portions thereof whose exit facilities were installed in violation of code requirements in effect at the time of their construction or whose exit facilities have not been increased in number or width in relation to any increase in occupant load due to alterations, additions, or change in use or occupancy subsequent to the time of construction shall be considered substandard. Notwithstanding compliance with code requirements in effect at the time of their construction, buildings or portions thereof shall be considered substandard when the Building Official finds that an unsafe condition exists through an improper location of exits, a lack of an adequate number or width of exit, or where other conditions exist which are dangerous to human life.
(M) Inadequate fire projection or firefighting equipment. All buildings or portions thereof which are not provided with the fire resistive construction or fire extinguishing systems or equipment required by this subchapter, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire resistive integrity and fire extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupancy load, alteration, or addition, or any change in occupancy.
(N) Improper occupancy. All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes which were not designed or intended to be used for the occupancies.
(Ord. 148, passed 9-11-1989) Penalty, see § 10.99
(A) Generally. The City Clerk-Treasurer and/or his or her designated agent shall administer the provisions this subchapter and are hereby authorized to cause inspections on a scheduled basis and/or when reason exists to believe that a violation of this subchapter has been or is being committed.
(B) Authority. When the City Council determined that a violation exists, a written evaluation of deficiencies shall be considered prima facie evidence in any subsequent litigation of a violation under this subchapter.
(C) Inspection access. If any owner, agent, operator, occupant, or other person in charge of a dwelling or dwelling unit fails or refuses to permit free access and entry to the dwelling or dwelling unit, under that persons control for an inspection pursuant to this subchapter, the city may seek a court order authorizing the inspection.
(Ord. 148, passed 9-11-1989)
(A) Whenever the City Council determines that any dwelling or dwelling unit fails to meet the provisions of this subchapter, the city may issue a compliance order setting forth the violations of the subchapter and ordering the owner, agent, operator, or occupant to correct the violations. This compliance order shall:
(1) Be in writing;
(2) Describe the location and nature of the violations of this subchapter;
(3) Establish a reasonable time for the corrections of the violation; and
(4) Be served upon the owner, agent, operator, or occupant; the notice shall be deemed to be properly served if a copy thereof is:
(a) Served upon the owner, agent, operator, occupant;
(b) Sent by mail to the last known address; or
(c) Upon failure to effect the compliance order through divisions (A)(4)(a) or (A)(4)(b) above, the order will be posted at a conspicuous place in or about the affected dwelling or dwelling unit.
(B) Failure to meet the requirements of the compliance order is a violation of this subchapter and a misdemeanor.
(Ord. 148, passed 9-11-1989) Penalty, see § 10.99
(A) Declaration. Any dwelling or dwelling unit, which is damaged, decayed, dilapidated, unsanitary, unsafe, infested, or which lacks provision for illumination, ventilation, or sanitary facilities to the extent that the defects create a hazard to the health, safety, or general welfare of the occupants or to the public, may be declared unfit for human habitation. Whenever any dwelling or dwelling unit has been declared unfit for human habitation, the City Council shall order same vacated within a reasonable time and shall post a placard on same indicating that it is unfit for human habitation and any operating license previously issued for the dwelling or dwelling units shall be revoked.
(B) Vacated dwelling. It shall be unlawful for a vacant dwelling or dwelling unit, which has been declared unfit for human habitation as provided above, to be used for human habitation until the defective conditions have been corrected and written approval has been issued by the city. It shall be unlawful for any person to deface or remove the declaration placard from any such dwelling or dwelling unit.
(C) Secure unfit and vacated dwellings. The owner of any dwelling or dwelling unit which has been declared unfit for human habitation, or which is otherwise vacant for a period of 60 days or more, shall make same safe and secure so that it is not hazardous to the health, safety, or general welfare of the public and a public nuisance within the meaning of this subchapter.
(D) Hazardous building declaration.
(1) In the event that a dwelling or dwelling unit has been declared unfit for human habitation and the owner has not remedied the defects within a prescribed reasonable time, then it may be declared a hazardous building and treated consistent with the provisions of Minnesota Statutes.
(2) The City Clerk-Treasurer shall keep an itemized account of the expense incurred by this jurisdiction in the repair or demolition of any building done pursuant to the provisions of this subchapter. Upon the completion of the work of repair or demolition, the City Clerk-Treasurer shall prepare the itemized and total cost of the work, a description of the real property upon which the building or structure was located, and the names and addresses of the persons entitled to notice.
(3) The City Clerk-Treasurer shall present it to the City Council of the City of Madison Lake for consideration. The City Council shall fix a time, date, and place for hearing the report, and any protests or objections.
(Ord. 148, passed 9-11-1989)
Upon failure to comply with a compliance order within the time set and no appeal having been taken, the City Council may, by resolution, cause the cited deficiency to be remedied as set forth in the compliance order. The cost of the remedy shall be placed against the subject property and may be levied and collected as a special assessment in the manner provided by M.S. Chapter 429, as it may be amended from time to time.
(Ord. 148, passed 9-11-1989)
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