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No person shall occupy as owner/occupant 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 habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be 10% of the floor area of the room. Whenever walls or other portions of structures face a window of any such room and the light-obstruction structures are located less than three feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight type window in the top of such room, the total window area of such skylight shall equal at least 10% of the total floor area of such room.
(B) Every habitable room shall have at least one window or skylight which can easily be opened, or such other device as will adequately ventilate the room. The total of openable window area in every habitable room shall be equal to at least 45% of the minimum window area size or minimum skylight type window size, as required in division (A) above, except where there is supplied some other device affording adequate ventilation and approved by the Building Inspector and/or Health Officer.
(C) Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in division (A) and (B) above, except that no window or skylight shall be required in adequately ventilated bathrooms and water closet compartments equipped with a ventilation system which is kept in operation when occupied and approved by the Building Inspector and/or Health Officer.
(D) Where there is electric service available from power lines which are not more than 300 feet away from a dwelling, every habitable room of such dwelling shall contain at least two separate floor or wall-type electric convenience outlets, or one such convenience outlet; and every water closet compartment, bathroom, laundry room, furnace room and public hall shall contain at least one supplied ceiling or wall-type electric light fixture. Every such outlet and fixture shall be properly installed, shall be maintained in good and safe working condition and shall be connected to the source of electric power in a safe manner.
(E) Every dwelling shall have heating facilities which are properly installed, are maintained in safe and good working condition, and are capable of safely and adequately heating all habitable rooms, bathrooms, and water closet compartments in every dwelling unit located therein to a temperature of a least 65 degrees Fahrenheit, at a distance of three feet above floor level, under ordinary minimum winter conditions.
(F) Every public hall stairway in every multiple dwelling containing five or more dwelling units shall be adequately lighted at all times. Every public hall and stairway in structures devoted solely to dwelling occupancy and containing not more than four dwelling units may be supplied with conveniently located light switches, controlling an adequate lighting system which may be turned on when needed, instead of full-time lighting.
(G) Every basement or cellar window used or intended to be used for ventilation, and every other opening to a basement which might provide an entry for rodents, shall be supplied with a screen or such other device as will effectively prevent their entrance.
No person shall occupy as owner/occupant 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 foundation, floor, wall, ceiling, and roof shall be reasonably weather tight, reasonably watertight, and rodent proof; shall be capable of affording privacy; and shall be kept in good repair.
(B) Every window, exterior door, and basement hatchway shall be reasonably weather tight, watertight, and rodent proof; and shall be kept in sound working condition and good repair.
(C) Every inside and outside stair, every porch and every appurtenance thereto shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon; and shall be kept in sound condition and good repair.
(D) Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition, free from defects, leaks, and obstructions.
(E) Every water closet compartment, floor surface and bathroom floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.
(F) Every supplied facility, piece of equipment, or utility which is required under this chapter shall be so constructed or installed that it will function safely and effectively, and shall be maintained in satisfactory working condition.
(G) No owner shall occupy or let to any other occupant any vacant dwelling unit unless it is clean, sanitary, and fit for human occupancy.
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)
(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)
A rental unit registration shall be for up to a three year period. An initial registration shall commence on the date of registration and end on December 31 of the third year. Rental registration renewals shall commence on January 1 of the first year of the renewal and end on December 31 of the third year. The city will mail application forms for registration renewal to registered rental unit owners or to their designated local property managers on or before October 1 of the last year of the registration term. Completed applications for registration renewals must be delivered to the city no later than November 15. Failure of the city to mail registration renewal application forms or failure of an owner or local property manager to receive a registration renewal application form does not excuse or waive the registration required by this subchapter.
(Ord. 2-2018, passed 2-20-2018)
Every new owner of a rental unit, whether fee owner or contract purchaser, shall furnish to the City Administrator the new owner's name, address, phone number and fax number and the name, address, phone number and fax number of the new owner's designated local property manager within 60 days of taking possession of the rental property upon closing of the transaction. No new registration fee is be required of the new owner during the year in which such possession takes place, provided that the previous owner has paid all registration fees and has complied with all requirements of this subchapter and any violations of health, zoning, fire or safety codes of the city. If any change in the type of occupancy as originally registered is contemplated by the new owner, a new registration application will be required.
Each rental unit registration holder must post the rental unit registration in a conspicuous spot near the front entry to the rental unit in a public corridor, hallway or lobby if the rental unit is in a multi unit building. In the event a rental unit is a single family home, or is three units or less, delivery of a copy of the rental unit registration in person or by mail to the tenant is required. Failure to post or deliver the registration and keep the registration posted, if required, is a petty misdemeanor, but is not grounds for termination of registration.
Every rental unit must be maintained in compliance with the Building Code, dwelling maintenance standards, nuisance ordinance and noise ordinance of the city as set forth in Mahnomen City Ordinances, respectively as now in force and hereafter amended, revised or replaced, and in compliance with all other standards, ordinances, laws and regulations governing use, occupancy, construction and maintenance of property and conduct of persons in or on that property.
(A) Fire Department personnel, police officers, the City Health Officer, City Building Inspector, City Administrator and their respective designees and representatives, are hereby authorized to make inspections reasonably necessary to the enforcement of this subchapter.
(B) All persons authorized herein to inspect shall have the authority to enter, at all reasonable times, any rental unit or structure containing a rental unit, registered or required to be registered, for the purpose of enforcing this subchapter.
(C) Written notice of a violation of this subchapter may be given to the registration holder by certified mail directed to the address of the registration holder as shown by the Administrator's registration application file. The notice may contain a compliance order stating that compliance with this subchapter shall be made immediately and, in that case, the notice shall advise the registration holder that the property may be re-inspected in not less than 15 days, unless extended by the Administrator, based on good cause.
(D) A registration holder may appeal to the City Council the requirements of any compliance order by filing a written appeal with the office of the City Administrator no later than ten days after the date of issuance of the compliance order. The City Administrator should schedule a hearing within ten days after filing of the notice of appeal. Enforcement of the compliance order shall be stayed pending the decision of the City Council on the appeal. The City Council may reschedule the hearing as the Council determines is necessary.
(Ord. 2-2018, passed 2-20-2018)
(A) No owner or other person shall occupy or let to another person any rental unit unless it and the premises are clean, sanitary, fit for human occupancy, and comply with all applicable legal requirements of the state and the city.
(B) For every rental building the rental unit owner shall provide for garbage pickup service.
(C) For every rental building of three or more units, the rental unit owner shall provide garbage or refuse cans and bulk storage containers sufficient to meet the needs of the occupants of the units.
(D) For every rental unit the owner shall provide for city water and sewer service.
(E) The owner of a rental unit shall be responsible for providing and hanging all screens and storm windows and storm doors whenever the same are required under the provisions of this subchapter or any rule or regulation adopted pursuant thereto, except where there is a written agreement between the owner and the occupant. In the absence of such an agreement, maintenance, or replacement of screens, storm doors, and windows, once installed in any one season becomes the responsibility of the occupant. The occupant's responsibility shall be exclusive to his or her dwelling unit.
(F) In every dwelling unit when the control of the supplied heat is the responsibility of a person other than the occupant, a temperature of at least 65 degrees Fahrenheit shall be maintained in all habitable rooms, bathroom, and water closet compartments at a distance of 36 inches above the floor level.
(G) Every owner of a dwelling unit shall provide and maintain the dwelling unit free from hazards to health due to the presence of toxic substances as determined by the appropriate authorities.
(H) The City Administrator shall administer this section of the subchapter and may delegate administration to a designee authorized in writing by the City Administrator.
(I) If the Administrator determines that a violation of this section has occurred, then the Administrator will give notice of the violation to the registration holder and will direct that the registration holder to take steps to prevent further violations.
(Ord. 2-2018, passed 2-20-2018)
It shall be the responsibility of the licensee to see that persons occupying the licensed premises conduct themselves in such a manner as not to cause the premises to be disorderly.
(A) For purposes of this subchapter, a premises is disorderly at which any of the following activities occur:
(1) Conduct which constitutes a violation of the city code relating to the city public nuisance procedures;
(2) Conduct which constitutes a violation of the city code and state statute relating to noisy parties and other unnecessary and loud noises M.S. § 609.72, as it may be amended from time to time, and § 92.18 of this code of ordinances;
(3) Conduct which constitutes a violation of laws relating to the possession of controlled substances, as defined in M.S. §§ 152.01 et seq., as they may be amended from time to time;
(4) Conduct which constitutes a violation of the city code relating to disorderly conduct or creating a breach of the peace, or violation of laws relating to disorderly conduct as defined in M.S. § 609.72, as it may be amended from time to time;
(5) Conduct which constitutes a violation of the city code relating to minor possessing or consuming alcohol relating to providing alcohol to minors, or violation of M.S. §§ 340A.701 and 340A.702, as they may be amended from time to time, relating to sale of intoxicating liquor;
(6) Conduct which constitutes a violation of the city code relating to prostitution and indecent exposure, or a violation of laws relating to prostitution or acts related to prostitution as defined in M.S. §§ 609.321 through 609.324, as they may be amended from time to time;
(7) Conduct which constitutes a violation of the city code relating to weapons, or laws relating to unlawful use or possession of a firearm as defined in M.S. § 609.66, as it may be amended from time to time, on the registered premises;
(8) Conduct which constitutes a violation of the city code relating to assaults, including domestic assaults, as defined in M.S. § 609.224, as it may be amended from time to time;
(9) Conduct which constitutes a violation of laws relating to contributing to the need for protection or services or delinquency of a minor, as defined in M.S. § 260B.007, as it may be amended from time to time; and
(10) Conduct which constitutes a violation of any other federal law, state law or local ordinance which would be likely to threaten, annoy or harass other tenants or other neighbors to the residential rental unit.
(B) The City Administrator shall be responsible for administration of this subchapter. The authority to take any action authorized under this subchapter may be delegated to the City Administrator authorized designee or designees.
(C) Upon determination by the City Administrator or his or her designee that a rental unit registered premises was used in a disorderly manner, as described in the city code, the City Administrator or his or her designee, shall give notice to the registration holder and the renters of the rental unit affected, of the violation and direct the registration holder to take steps to prevent further violations. This subchapter does not apply to the property owner who has taken action to prevent disorderly use of the premises as described in division (H) below.
(D) If another instance of disorderly use of the rental unit registered premises occurs within three months of an incident for which a notice in division (C) above was given, the City Administrator, or his or her designee, shall notify the registration holder and the renters of the affected unit of the violation and shall request the registration holder to take action. This action will be asked to be submitted to the City Administrator, or his or her authorized designee, within five days of receipt of the notice of disorderly use of the premises, and shall detail all actions taken by the registration holder in response to all notices of disorderly use of the premises within the preceding three months.
(E) (1) If another instance of disorderly use of the rental unit registered premises occurs within three months after any two previous instances of disorderly use for which notices were given to the registration holder, and the renters of the affected unit, pursuant to this subchapter, and the rental property owner has not taken action to prevent disorderly use of the premises, the rental dwelling license for the premises may be denied, revoked, suspended or not renewed. An action to deny, revoke, suspend or not renew a license under this subchapter shall be initiated by the City Administrator who shall give to the licensee written notice of a hearing before the City Council to consider such denial, revocation, suspension or non-renewal. Such written notice shall specify all violations of this subchapter. and shall state the date, time, place and purpose of the hearing. The hearing shall be held no less than 30 days after giving such notice.
(2) Following the hearing, the Council may deny, revoke, suspend or decline to renew the license for all or any part or parts of the licensed premises or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this subchapter.
(3) No adverse license action shall be imposed where the instance of disorderly use of the licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or within 30 days of notice given by the licensee to a tenant to vacate the premises where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend or not renew a license based upon violations of this subchapter may be postponed or discontinued at any time if it appears that the licensee has taken appropriate action which will prevent further instances of disorderly use.
(F) A determination that the registered premises have been used in a disorderly manner as described in division (A) above shall be made upon a fair preponderance of the evidence to support such a determination. It shall not be necessary that criminal charges be brought in order to support a determination of disorderly use, but the incident must have resulted in the police being called to the rental unit registered premises and a police report being prepared.
(G) For purposes of this subchapter, DISORDERLY USE OF THE RENTAL UNIT REGISTERED PREMISES shall mean disorderly use in the particular rental unit by the renters, occupants or quests or conduct by the tenants which constitutes disorderly use anywhere on the property of the apartment building, or home or mobile home park in which the rental unit is situated.
(H) (1) For the purpose of this chapter, participation and compliance by the rental property owner to the provisions of the Mahnomen City Rental Property Owners Partnership Program shall meet requirements for the rental owner "taking action to prevent further disorderly use of the premises."
(2) The City Administrator shall determine compliance of rental owners to the Mahnomen City Rental Owners Partnership Program and thereby taking action to prevent further disorderly use of the premises.
(I) Notwithstanding any other language of this subchapter to the contrary, conduct which otherwise constitutes disorderly use for purposes of this subchapter will not be deemed to be disorderly use for purposes of this subchapter if the police discovered the domestic abuse or other conduct as a result of a call by a tenant of the rental unit in which the disorderly use is occurring, or if the use is occurring outside the specific rental unit by a tenant of the rental unit which would have otherwise received notice of disorderly use pursuant to the terms of this subchapter.
(Ord. 2-2018, passed 2-20-2018)
(A) The city reserves the right to not register a rental unit unless it complies with the requirements of this subchapter.
(B) Any registration issued under this subchapter is subject to the right, which is hereby expressly reserved by the city, to deny, suspend, revoke or not renew the same should the registration holder or their agents, employees, representatives or lessees directly or indirectly operate or maintain the rental dwellings contrary to the provisions of this subchapter or any other ordinance of the city or any special permit issued by the city, or the laws of the State of Minnesota. Provided, however, registration shall not be denied, suspended, revoked or not renewed if the registration holder complies with a compliance order or orders in a reasonable timely manner as determined by the City Administrator.
(C) The City Administrator shall notify the applicant that registration has been denied, or the registration holder that registration is being suspended, revoked or not-renewed. The suspension, revocation or non-renewal shall occur 35 days after the date of the notification order, or at such later date as set out in the notification.
(D) A determination by the City Administrator to deny, suspend, revoke or not renew registration of a rental unit may be appealed to the City Council by filing with the City Administrator a written notice of appeal within 15 days of the date on which the City Administrator mails such determination to the applicant or registration holder. In that event, the appeal will be heard by the City Council at its next meeting occurring at least 15 days after the filing of the notice of appeal.
(E) At any appeal of a determination by the City Administrator under this subchapter, the registration holder or applicant, local property manager for the registration holder or applicant, or an attorney representing them, may appear and make a presentation to the City Council. The City Administrator shall present to the City Council the basis for the determination being appealed. After the hearing, the Council may uphold, reverse or modify the decision of the City Administrator based upon the provisions of this subchapter and upon the protection of the public health, sanitation, safety or general welfare of the community at large or the residents of rental units within the city. The City Council shall issue written findings and determination within 31 days of the hearing, unless the Council extends that time for good cause.
(F) A decision of the City Council made as provided in this section may be appealed by Writ of Certiorari to the Court of Appeals of the State of Minnesota pursuant to its Rules of Civil Appellate Procedure.
(Ord. 2-2018, passed 2-20-2018)
(A) As a condition of receiving rental unit registration, each registration holder is presumed to agree and consent that when the conduct of any registration holder or registration holder's agent, representative, employee or lessee, or the condition of their rental unit, or the property in or on which it is located, is detrimental to the public health, sanitation, safety and general welfare of the community at large, or residents of the rental units so as to constitute a nuisance, fire hazard, or other unsafe or dangerous condition and thus give rise to an emergency, the City Administrator shall have the authority to summarily condemn or close individual rental units or such areas of the rental dwelling as the Administrator deems necessary. Notice of summary condemnation shall be posted at the units or areas affected and shall describe the units or areas affected. No person shall remove the posted notice, other than the Fire Marshal, City Administrator, or their designated representative. Any person aggrieved by the decision or the action of the City Administrator or Fire Marshal set out in this division, may appeal the decision following the procedures set out in this subchapter. The hearing shall be conducted in the same manner as provided in this subchapter, however, the date of the hearing may be expedited with the consent of the registration holder.
(B) The decision of the City Administrator set forth in this division is not voided by the filing of such appeal. Only after the hearing by the City Council has been held will the decision or action of the City Administrator be affected.
(Ord. 2-2018, passed 2-20-2018)
(A) Nothing in this subchapter prevents the city from taking enforcement action under any of its fire, housing, zoning, health safety or other codes, ordinances and state laws for violations thereof, or to seek injunctive relief and criminal prosecution for violations of any ordinance, code or law. Nothing contained in this subchapter prevents the city from seeking injunctive relief against a property owner or designated property manger who fails to comply with the terms and conditions of this subchapter or to obtain an order closing such rental units until violations of this particular subchapter have been remedied by the property owner or designated property manager.
(B) Violation of this subchapter is a misdemeanor. Each separate day on which a continuing violation occurs is a separate violation.
(Ord. 2-2018, passed 2-20-2018)
Notices from the city required by this subchapter shall be effective if personally delivered or if mailed to the addressee by certified mail, return receipt requested, to the address shown in the city file pertaining to the rental unit involved in the notice.
(Ord. 2-2018, passed 2-20-2018)
VACANT BUILDINGS REGISTRATION
For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY.
The City of Mahnomen, State of Minnesota.
NEIGHBORHOOD ASSOCIATION.
An organization recognized by the city as representing a neighborhood within the city.
OWNER OF RECORD.
The fee owner, contract for deed vendee, mortgagee in foreclosure, holder of a sheriff's certificate, and taxpayer as shown on the real property records of Mahnomen, or the authorized agent of any of the preceding persons.
SECURE.
Includes, but is not limited to, installing locks, repairing windows and doors, boarding windows and doors, posting "no-trespassing" signs, installing exterior lighting or motion detecting lights, fencing the property, and installing a monitored alarm or other security system consistent with M.S. § 463.251.
UNOCCUPIED BUILDING.
A building or portion of a building which is not being used by a person entitled to legal occupancy.
UNSECURED BUILDING.
A building or a portion of a building that is open to entry by unauthorized persons without the use of tools or ladders.
VACANT BUILDING.
A building or a portion of a building that is unoccupied and meets one or more of the following conditions:
(1) Records of the Mahnomen Recorder show the property is in lien foreclosure;
(2) Windows or entrances to the property are boarded up or closed off, or multiple doors or window are broken and unrepaired;
(3) Doors to the property are damaged, smashed through, caved in, broken off, unhinged, or continuously unlocked;
(4) The property is without gas, electric, or water service;
(5) Rubbish, trash, putrescible materials or debris has accumulated on the property;
(6) Law enforcement agencies have received at least two reports of trespass, vandalism or other illegal acts being committed on the property within 12 months;
(7) The yards on the property exhibit grass, lawn, weeds, and other vegetation which are not maintained to the standards prevailing in the neighborhood.
(A) Any building which becomes unsecured or vacant may be deemed hazardous. If the hazardous condition could be abated by securing the building, the City Council may order the building secured and shall cause notice of the order to be served by United States Mail on the record owner at its last known address and upon any neighborhood association consistent with M.S. § 463.251, Subd. 2. The notice must be in writing and must include, at a minimum, a statement that:
(1) Informs the owner of record that it has 12 days to secure the building or provide the Council with a reasonable plan and schedule to comply with the order and that costs may be assessed against the property if the person does not secure the building.
(2) Provides the owner of record with a copy of M.S. § 582.031 (right of entry by holder of mortgage or sheriff's certificate to protect the premises from waste and trespass).
(B) Service by mail is completed upon mailing.
Pursuant to M.S. § 463.251, Subd. 4, when the City Council or the Council's authorized representative determines that a vacant or unsecured building poses an immediate threat to the health or safety of persons in the community and the immediate securing of a building is required to protect health and safety, all notice requirements herein are waived and the building may be secured by the city, provided that:
(A) The conditions showing the existence of an immediate threat are documented in a written report.
(B) A copy of the written report and the city action taken are mailed immediately to the owner of record and any neighborhood association.
The owner of record of a vacant building shall register such structure with the City's Development Director no later than 30 days after the building becomes a vacant building, as defined in this subchapter. The registration of vacant building shall be submitted on forms provided by the city, and shall contain, at a minimum, the following:
(A) The legal description and property address of the vacant building.
(B) The names and addresses of all owners of the vacant building.
(C) The names and addresses of all known lien holders and mortgagees of the vacant building.
(D) The period of time which the building is expected to remain vacant.
(E) A plan and timetable for returning the building to appropriate occupancy and/or making the structure compliant with all city ordinances or for demolition of the building. The plan must be approved by the City Development Director and shall require completion of the plan within a reasonable period of time not to exceed 365 days. Such plan shall include all conditions that are to be corrected, the estimated value of the project(s) required to complete the plan and a plan for continued care and upkeep of the property consistent with this subchapter.
(F) Other information deemed necessary by the city to process the registration.
The owner of record shall comply with all applicable state laws and city ordinances and shall notify the city's Development Director of any changes in the information supplied as part of the vacant building registration, within 30 days of the change. Any change in the vacant building registration must be approved by the city's Development Director. The following additional requirements shall apply:
(A) The owner of record shall keep the vacant building secured and shall keep the building and grounds maintained until the rehabilitation or demolition of the building has been completed. Residential vacant buildings shall not be used for storage.
(B) Failure of the owner of record to maintain the vacant building and grounds such that abatement of violations by the city is required, shall be grounds for revocation of the vacant building registration plan and the owner of record shall be subject to any applicable penalties provided by law.
(C) In the event of a sale of the building or grounds by the owner of record to a purchaser, the purchaser shall re-register the vacant building with the city's Development Director within 30 days of the transfer of ownership or interest in the vacant building. The new owner of record shall comply with the approved vacant building registration plan and timetable unless any proposed changes in the plan are submitted to and approved by the city's Development Director.
The owner of a vacant building, with the exception of a vacant building owned or operated by a governmental entity, shall pay an annual registration fee as established by the City Council. This fee is imposed to defray the administrative costs for registering and processing the vacant building registration form and the costs of the city in monitoring the vacant building site.
(A) The first annual registration fee shall be paid no later than 30 days after the building becomes vacant. Subsequent annual registration fees shall be due on the anniversary date of initial vacancy.
(B) The registration fee shall be paid in full prior to the issuance of any building permits, with the exception of a demolition permit.
(Ord. 3-2018, passed 3-28-2018)
Any owner of record who is aggrieved by a decision or order of the Development Director may appeal to the City Council. Such appeal must be in writing on forms provided by the city, must specify the grounds for the appeal, and must be accompanied by a filing fee in an amount determined by the City Council. The appeal must be submitted to the City Clerk by personal service or United States mail within 30 days from the date of the decision or order from which the appeal is taken.