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(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)
(A) No person or entity may hereafter occupy, allow to be occupied or rent, lease, let or sub-let a rental unit, to another person or entity for occupancy unless that rental unit is registered for occupancy pursuant to a valid and current rental unit registration issued by the Mahnomen City Administrator.
(B) Each rental unit must have an owner, or local property manager designated by the owner, who resides within 60 miles of the city.
(C) Any person or entity desiring to rent, let, lease or sub-let any rental unit shall apply for registration by using forms furnished by the city for that purpose. The forms must provide information required by the City Administrator, including the following:
(1) Name, address, phone number (and fax number, if owner has one) of the property owner.
(2) Name, address, phone number (and fax number, if manager has one) of a designated local property manager.
(3) The street address of the rental property.
(4) The number and types of units within the rental property (dwelling units or sleeping rooms).
(5) The name, phone number, fax number and address of the person, who resides within the corporate limits of the city and may be authorized to make, or order, repairs or services for the property if in violation of city or state codes, if the person is different than the owner or local property manager and said owner or local property manager does not reside within the corporate limits of the city.
(Ord. 4-2018, passed 3-28-2018)
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