Loading...
No person shall occupy or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:
(A) Every dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof and at least 75 additional square feet of floor space for every additional occupant thereof, the floor space to be calculated on the basis of total habitable room area.
(B) In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 60 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 30 square feet of floor space for each occupant thereof.
(C) No dwelling or dwelling unit occupied by more than one family and containing two or more sleeping rooms shall have such room arrangements that access to a bathroom or water closet compartment intended for use by occupants of more than one sleeping room can be had only by going through another sleeping room; nor shall room arrangements be such that access to a sleeping room can be had only by going through another sleeping room or a bathroom or water closet compartment.
(D) At least one-half of the floor area of every habitable room shall have a ceiling height of at least seven feet; and the floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof.
(E) No basement space shall be used as a habitable room or dwelling unit unless approved by the Building Inspector and/or Health Officer or unless:
(1) The floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness.
(2) There is adequate window space sufficient for ventilation and escape.
Owners/occupants shall be responsible for the following:
(A) Every owner of a dwelling containing three or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof.
(B) Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit, and premises thereof which he or she occupies and controls.
(C) Every occupant of a dwelling or dwelling unit shall dispose of all his or her rubbish in a clean and sanitary manner by placing it in the rubbish containers.
(D) Every occupant of a dwelling or dwelling unit shall dispose of all his or her garbage and any other organic waste which might provide food for rodents, in a clean and sanitary manner, by placing it in the garbage disposal facilities or garbage storage containers. It shall be the responsibility of the owner to supply such facilities or containers for all dwelling units in a dwelling containing more than three dwelling units and for all dwelling units located on premises where more than three dwelling units share the same premises. In all other cases, it shall be the responsibility of the occupant to furnish such facilities or containers.
(E) Every occupant of a dwelling or dwelling unit shall be responsible for hanging all screens and double or storm doors and windows whenever the same are required under the provisions of this chapter or of any rule or regulation adopted pursuant thereto, except where the owner has agreed to supply such service.
(F) Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents, or other pests therein or on the premises, and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his or her dwelling unit is the only one infested. Not withstanding the foregoing provisions of this division, whenever infestation is caused by failure of the owner to maintain a dwelling in a rat proof or reasonably insect proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling, or in the shared or public parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner.
(G) Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.
(A) Standards. Any dwelling or dwelling unit which shall be found to have any of the following defects shall be condemned as unfit for human habitation and shall be so designated and placarded by the Building Inspector and/or Health Officer.
(1) One which is so damaged, decayed, dilapidated unsanitary, unsafe or vermin-infested that it creates a serious hazard to the health or safety of the occupants or of the public.
(2) One which lacks illumination, ventilation, or sanitation facilities adequate to protect the health or safety of the occupants or of the public.
(3) One which, because of its general condition or location, is unsanitary, or otherwise dangerous to the health or safety of the occupants or the public.
(B) Vacation of premises. Any dwelling or dwelling unit condemned as unfit for human habitation, and so designated and placarded by the Building Inspector and/or Health Officer, shall be vacated within a reasonable time as ordered by the Building Inspector and/or Health Officer.
(C) Reuse of premises. No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall not again be used for human habitation until written approval is secured from, and such placard is removed by the Building Inspector and/or Health Officer. The Health Officer shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated.
(D) Removal prohibited. No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided in division (C) above.
(E) Hearing. Any person affected by any notice or order relating to the condemning and placarding of a dwelling or dwelling unit as unfit for human habitation, may request and shall be granted a hearing on the matter before the Council, under the procedure set forth in § 150.03 within five days of posting of notice.
In any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, fire, safety, or health ordinance or code of the city, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people, shall prevail.
RENTAL UNIT REGISTRATION
(A) The City Council finds that there is a need for periodic municipal inspection of residential rental units in the city to ensure that such units meet city and state safety, health, fire and zoning codes and to promote the public health, safety and welfare of the community at large and the residents of rental units within this city.
(B) The City Council finds that a municipal registration program is appropriate to effectively enforce residential rental unit maintenance standards and correct or prevent law violations, nuisances and other disturbances and disorders involving residential rental units within this city.
(C) The City Council finds that an effective means of implementing the foregoing findings is registration of all residential rental units within the city and inspection of such units from time to time as determined appropriate in the exercise of discretion by staff and personnel of the city and in response to complaints involving such units.
For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATOR
or
CITY ADMINISTRATOR. The Mahnomen City Administrator, or the Mahnomen Assistant City Administrator in the absence of the City Administrator, or such person as the City Administrator designates, in writing, to carry out the responsibilities of the City Administrator as provided by this subchapter.
DWELLING.
Any building or other permanent or temporary structure, including a manufactured or mobile home which is wholly or partly used, or intended to be used, for living or sleeping by human occupants.
LOCAL PROPERTY MANAGER.
A natural person residing within 60 miles of the city who is authorized by the rental unit owner to make decisions for the owner about rental, occupancy and maintenance of the rental unit.
REGISTRATION HOLDER.
A person or entity to whom registration for a rental unit is issued under this subchapter.
RENT, LEASE, LET
or
SUBLET.
The leasing of a rental unit to a non-owner for a fixed or non-fixed period of time, and shall include lease to buy, contract for deed, installment sales, purchases, and other similar arrangements whereby nonpayment of a periodic payment means the occupants may be evicted without the necessity of either a statutory mortgage foreclosure procedure, a statutory termination of contract for deed procedure, or a statutory repossession procedure.
RENTAL UNIT
or
RESIDENTIAL RENTAL UNIT.
Any house, apartment, condominium, townhouse, room, or group of rooms, constituting or located within, a dwelling and forming a single habitable unit.
SHALL
and
MUST.
As used in this subchapter are each mandatory.
SHOULD and MAY as used in this subchapter are each permissive or directory.
(Ord. 2-2018, passed 2-20-2018)
Loading...