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§ 116.11 INSPECTIONS. 
   (A)   All new and existing licensed rental properties, including owner-occupied licensed units, will be inspected on a regularly scheduled basis. The property may not be rented until final approval as evidenced by the issuance of the license, or renewed if there are life/safety code violations outstanding at the time of renewal. A rental license will be issued after the property is in full compliance with all requirements.
   (B)   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 a dwelling unit, under that person’s control for an inspection pursuant to this chapter, the city may seek a court order authorizing such inspections.
   (C)   Compliance and enforcement. Whenever the City Council determines that any dwelling or dwelling unit fails to meet the provisions of this chapter, the city may issue a compliance order setting forth the violations of the chapter and ordering the owner, agent, operator or occupant to correct such violation. This compliance order shall:
      (1)   Be in writing.
      (2)   Describe the location and nature of the violation.
      (3)   Establish a reasonable time for the corrections of such violation.
      (4)   Be served upon the owner, agent, operator, or occupant. Such notice shall be deemed to be properly served if a copy thereof is:
         (a)   Served upon said owner, agent, operator or occupant; or
         (b)   Sent by mail to the last known address.
      (5)   Upon failure to effect the compliance order through (C)(4)(a) above, said order will be posted at a conspicuous place in or about the affected dwelling or dwelling unit.
   (D)   Inspections upon complaint. Any residential property within the city is subject to investigation upon complaint by any citizen or city employee. Complaints shall be investigated in accordance with the following schedule:
      (1)   Complaints. All complaints shall be investigated within 72 hours of receipt by the city to verify the existence of conditions in violation of this chapter or any other applicable statute, ordinance, code or regulation.
      (2)   Confidentiality. The identities of any person filing a complaint about violations of state law or local ordinance concerning the use of rental property, and any information that would identify such person, is classified as confidential under M.S. § 13.44. No employee shall release or reveal such information except by court order.
(Ord. 236, passed 7-2-2007) Penalty, see §116.99(H)
§ 116.12 EMERGENCY CASES. 
   (A)   Declaration. Any dwelling or dwelling unit which is damaged, decayed, dilapidated, unsanitary, unsafe, infested or which lacks provision of 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 such 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 units.
   (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 chapter.
   (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 State Statutes.
      (2)   The City Clerk shall keep an itemized account of the expense incurred by this jurisdiction in the repair or demolition of any building.
(Ord. 236, passed 7-2-2007)
§ 116.13 RESIDENTIAL DISTRICT.
   (A)   State-licensed residential facility. State-licensed residential facilities are allowed in all residential districts pursuant to Minnesota State Statutes, as amended from time to time. The regulation of residential occupancies in this section shall not apply to a state-licensed residential facility.
   (B)   Residential occupancies. Residential occupancies of single- and 2-family dwellings in the R-1 and R-2 zoning districts shall be limited to Family (Functional) and Family (Traditional) as defined by this chapter. Family (Functional) and Family (Traditional) may have 1 additional person residing with them for non-rental purposes or for the purpose of providing a housekeeping or personal service for the resident(s) therein.
      (1)   R-1 Single Family: 1 family per unit with 1 immediate family member.
      (2)   R-2 2-Family: 1 family per unit with 1 immediate family member.
      (3)   Three-Family: 1 family per unit with 1 immediate family member or 5 (maximum) unrelated adults per building/living unit.
   (C)   Nonconforming uses. Residential rental properties not in compliance with this chapter as of the effective date of the chapter may continue in the nonconforming use, provided that if the property ceases to continue in the nonconforming use for a period of 12 consecutive months, the right of continuing nonconformity will end.
(Ord. 236, passed 7-2-2007)
§ 116.14 PARKING.
   (A)   All new rental units licensed after the effective date of this chapter shall provide off-street parking according to the following:
      (1)   One- and 2-family dwellings in R-1 and R-2 Zoning Districts. For rental units licensed after the effective date of this chapter, 2 off-street parking stalls shall be provided for each dwelling unit.
      (2)   One- and 2-family dwellings in R-3 Zoning Districts. For rental properties licensed after the effective date of this chapter, 1 off-street parking stall shall be provided for each bedroom in a dwelling.
   (B)    Location and design of off-street parking. All new rental units licensed after the effective date of this chapter shall provide required off-street parking in conformance with the following:
      (1)   R-1 and R-2 Zoning Districts. All required off-street parking stalls shall be provided on the zoning lot occupied by the 1- or 2-family dwellings.
      (2)   Off-street parking. Spaces required for all non-1- and 2-family dwellings shall be located on the same lot as the land use activity; provided, however, that when 4 or more parking spaces are required, off-premises parking may be provided on a lot located not more than 500 feet from the main building of the use requiring said parking, provided that the off-premises parking lot is held under the same ownership or leasehold interest as the zoning lot occupied by the building or use to which the parking facilities are accessory.
      (3)   Private and public sidewalks, boulevards and other portions of the public right-of-way shall not be used to satisfy off-street parking requirements.
      (4)   For 1- and 2-family dwellings, all off-street parking stalls, enclosed or unenclosed, shall have minimum dimensions of 8 feet x 18 feet, exclusive of required drives and accesses.
      (5)   For a 1-family dwelling, the unenclosed parking space located immediately adjacent to the entrance of a garage may be considered 1 off-street parking space provided the space has a minimum dimension of 8 feet x 18 feet and conforms to all other regulations. The enclosed garage space may also be considered an off-street parking stall for the purpose of satisfying the parking requirements, provided the enclosed parking space has a minimum dimension of 8 feet x 18 feet.
        (6)   All newly constructed rental property(s) shall have their driveways and parking surfaces hard-surfaced within 1 year after issuance of a new rental license. Acceptable hard-surfacing does not include recycled asphalt or recycled concrete. Failure to hard-surface within 1 year shall result in the revocation of the rental license. Existing rental property(s) at the time of this chapter’s adoption are required to provide adequately designed parking for vehicular weight that is aesthetically appealing.
       (7)   Tandem parking. Notwithstanding any of the above or as otherwise permitted in this chapter, tandem parking arrangements shall not be allowed in order to satisfy the parking requirements of this chapter.
   (C)   Nonconforming off-street parking. Rental units in operation prior to the adoption of this chapter shall be required to provide additional off-street parking for the purpose of satisfying the requirements of this section, if adequate off-street parking spaces are not presently provided for the occupants. This requirement shall only apply to rental properties containing yard areas that may be used for additional parking in conformance with the location and design regulations of division (B) above.
(Ord. 236, passed 7-2-2007)
§ 116.99 PENALTY.
   (A) Any person, firm or corporation who violates any provision of this Code for which another penalty is not specifically provided shall, upon conviction, be guilty of a misdemeanor. The penalty which may be imposed for any crime which is a misdemeanor under this Code, including Minnesota State Statutes specifically adopted by reference, shall be a sentence of not more than 90 days or a fine of not more than $1,000, or both.
   (B)   It is a misdemeanor for any person to prevent, delay or provide false information to any city officials or his or her representatives, while they are engaging in the performance of their duties as set forth in this chapter.
   (C)   In addition to bringing criminal charges for violation of this chapter, the City of Madison Lake may seek a civil injunction against any licensee or occupant who violate any terms of this chapter.
   (D)   Any person, firm, or corporation who violates any provision of this Code, including Minnesota Statutes specifically adopted by reference, which is designated to be a petty misdemeanor shall, upon conviction, be guilty of a petty misdemeanor. The penalty which may be imposed for any petty offense which is a petty misdemeanor shall be a sentence of a fine of not more than $300.
   (E)   In either the case of a misdemeanor or a petty misdemeanor, the costs of prosecution may be added. A separate offense shall be deemed committed upon each day during which a violation occurs or continues to occur.
   (F)   The failure of any officer or employee of the city to perform any official duty imposed by this Code shall not subject the officer or employee to the penalty imposed for a violation.
   (G)   In addition to any penalties provided for in this section, if any person, firm, or corporation fails to comply with any provision of this Code, the Council, or any city official designated by Council, may institute appropriate proceedings at law or at equity to restrain, correct, or abate the violation.
   (H)   The following penalties shall apply to § 116.11, Inspections:
      (1)   Penalty for retaliation. It is a misdemeanor for any person to take retaliatory action against, harass or intimidate any person who makes a good-faith complaint against real property within the city.
      (2)   Penalty of filing a false or malicious complaint. It shall be a misdemeanor for any person to file a false or malicious complaint of violations of state law or local ordinance concerning the use of real property.
      (3)   Penalties for failure to allow inspections. The City Council shall establish administrative penalties for intentional failure without good cause; to appear for scheduled rental inspections or re-inspections or for intentional avoidance or delay in scheduling inspections when requested. Administrative penalties may also be imposed for failure to correct code violations after proper notice. Administrative fees shall be assessed in accordance with a schedule approved by the City Council. Administrative penalties are in addition to any criminal charges and/or fines.
   (I)   All applicants must include in any lease (written or oral) a copy of this chapter and must further advise all tenants that a violation of this chapter by the applicant/licensee (landlord) or any occupant of the premises could result in termination or revocation of the rental license and immediate eviction of all tenants.
(Ord. 236, passed 7-2-2007)