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Subd. 1. Notice.
Upon determination by the city manager that a licensed rental dwelling was used in violation of the excessive call provisions listed in sections 425.31, subdivision 14(c), the city manager shall cause written notice to be made to the owner of the violation(s). The written notice must be given as specified in Section 927.07 (including right to appeal as specified in Section 927.09). (Added, Ord. No. 10-13; Amended, Ord. No. 21-12)
Subd. 2. In addition to procedural requirements specified in Section 927.07, property owners must take action to resolve nuisance conduct at their rental properties as follows:
(a) After the first and second occurrence of nuisance conduct within any 365-day period at the same unit or involving the same tenant, the city shall notify the owner and tenant of the nuisance conduct by first class mail and by sending an email to the property manager contact. Such notice shall direct the owner to take steps to prevent further nuisance conduct.
(b) After the third occurrence of nuisance conduct within any 365-day period at the same unit or involving the same tenant, the city shall notify the owner and the tenant of the nuisance conduct by first class mail and by sending an email to property manager contact. Within 10 days of the date of the notice, the owner must supply a written report of all actions taken by the owner since the first and second occurrence of nuisance conduct and actions the owner intends to take to prevent further nuisance conduct.
(c) After the occurrence of excessive calls at the same unit or involving the same tenant, if the property owner fails to diligently pursue correction of the situation, the City Council may fine, suspend, revoke, or not renew the rental license for the rental unit. The hearing before the City Council after the occurrence of excessive calls is a civil hearing, and the Council will make its determination based on a “fair preponderance of the evidence.” It is not necessary that criminal charges be filed in order for the city to fine, suspend, revoke, or not renew a rental license and a dismissal or acquittal of criminal charges does not prohibit the city from taking action against a license. (Added, Ord. No. 21-12)
Additional nuisance service fees as outlined in section 927 (repeat nuisance service calls) shall be assessed to the property, if applicable, as well as any other legal remedies as noted in Section 927.11. Any outstanding fees must be paid prior to the City renewing a rental license for the licensed property. Special assessment of the prior year’s fees as a result of non-payment does not qualify as a fee payment. (Added, Ord. No. 10-13; Amended, Ord. No. 21-12)
Subd. 3. Recovery of fees. Any unpaid fees resulting from violations of this section, may be collected by appropriate legal means. (Added, Ord. No. 10-13; Amended, Ord. No. 21-12)
Subdivision 1. Administration and enforcement.
The enforcement officer administers and enforces the provisions of the PMC and may cause inspections on rental dwelling units on all classes of property within the City on a scheduled basis, whether on rental dwelling units or owner-occupied residential units on all classes of property when reason exists to believe that a violation of the code exists, has been or is being committed. The enforcement officer may cause inspections on non-residential buildings and structures when reason exists to believe that a violation of the code exists, has been or is being committed. (Amended, Ord. No. 03-06; Ord. No. 14-02)
Subd. 2. Authority.
In the absence of a timely appeal under the PMC or any other applicable provision of law, the enforcement officer is the final authority in the determination of a violation under the PMC. (Amended, Ord. No. 03-06; Ord. No. 14-02)
Subd. 3. Inspection access.
The occupant of any property must give the owner or operator thereof, or agent or employee, access to any part of such building, or its premises, at reasonable times for the purpose of effecting inspection, maintenance, repairs, or alterations as are necessary to comply with the provisions of this section. If any owner, occupant, or other person in charge of a building or related premises fails or refuses to permit free access and entry to the structure or premises under control of that person for an inspection pursuant to the PMC, the enforcement officer take appropriate legal action including but not limited to the issuance of a citation and a court order authorizing such inspection. (Amended, Ord. No. 03-06; Ord. No. 14-02)
Subd. 4. Compliance order.
Whenever the enforcement officer determines that any building, dwelling, dwelling unit, or rooming unit, or the premises surrounding any of these, fails to meet the provisions of the PMC, the officer may issue a compliance order setting forth the violations of the code and ordering the owner, occupant, operator, and/or agent to correct such violations. The compliance order must: (Amended, Ord. No. 03-06; Ord. No. 14-02)
(a) Be in writing;
(b) Describe the location and nature of the violations of the PMC; (Amended, Ord. No. 03- 06; Ord. No. 14-02)
(c) Establish a time for the correction of such violations;
(d) Include information regarding the owner's right to appeal the order and the procedure to be followed in filing such an appeal pursuant to subsection 425.35;
(e) Be served upon the owner or owner’s agent or the occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon any such occupant, if a copy thereof is:
(1) Served personally, or
(2) Deposited in the U.S. Post Office addressed to the owner at owner’s last known address with postage prepaid, or
(3) Upon failure to effect notice by personal service or by mail, posted at a conspicuous place in or about the building or dwelling which is affected by the notice. (Amended, Ord. No. 14-02)
Subd. 5. Emergency cases.
When a violation of the PMC constitutes an imminent peril to life, health, or property, the enforcement officer may specify an immediate and exact time for the correction of the violation. When this is the case, no stay of proceedings in furtherance of action will be granted on appeal. Situations which constitute an imminent peril to life, health, or property include, but are not limited to the following: (Amended, Ord. No. 03-06; Ord. No. 14-02)
(a) Heating systems that are unsafe due to: burned out or rusted out heat exchanges (fire box); burned out, or plugged flues; not being vented; being connected with unsafe gas supplies; or being incapable of adequately heating the living space.
(b) Water heaters that are unsafe due to: burned out or rusted out heat exchanges (fire box); burned out, rusted out, or plugged flues; lack of proper venting; being connected with unsafe gas supplies; or lack of temperature and pressure relief valves.
(c) Electrical systems that are unsafe due to: dangerous overloading; damaged or deteriorated equipment; improperly tapped or spliced wiring; improper or overloaded fuses; expose uninsulated wires; distribution systems of extension cords or other temporary methods; ungrounded appliances in a hazardous condition. If overloading is suspected, the enforcement officer may require inspection and certification of all or part of the electrical system by a state licensed electrician.
(d) Plumbing systems that are unsanitary due to: leaking waste systems fixtures and traps; lack of a water closet; lack of washing and bathing facilities; or cross connection of pure water supply with fixtures or sewage lines.
(e) Structural systems, walls, chimneys, ceilings, roofs, foundations, and floor systems, that will not safely carry imposed loads.
(f) Refuse, garbage, human waste, decaying vermin or other dead animals, animal waste, other materials rendering it unsanitary for human occupancy, including lack of light and air.
(g) Infestation of rodents, insects, and other vermin.
(h) Lack of operational smoke detectors. (Added, Ord. No. 07-18)
Subd. 6. (Deleted, Ord. No. 07-18)
Subd. 7. Execution of compliance orders by public authority. Upon failure to comply with a compliance order within the time set therein and no appeal having been taken, the criminal penalty established hereunder notwithstanding, the City Council may by resolution direct the enforcement officer to remedy the deficiency (deficiencies) cited in the compliance order. The cost of such remedy shall be a lien against the subject real estate and may be levied and collected as a special assessment in the manner provided by Minnesota Statutes, chapter 429. Such action will not be taken, however, without a good faith effort on the part of the City to provide the property owner with advance notice of its intention to proceed with repairs and assessment of the costs of repairs to taxes.
Subd. 8. Built-in deficiencies.
Certain specific deficiencies may be deemed to be beyond reasonable correction by the enforcement officer and therefore waived from meeting the requirements of this section. Deficiencies which will be waived will be those that the enforcement officer finds to have been in conformance with all existing applicable codes at the time that the work was done and that are not causing adverse affects on the health or safety of the occupants of the unit. Other deficiencies which will be waived from meeting the requirements of this section shall be limited to the following:
(a) Ceiling heights.
Any existing habitable room with a ceiling height of between six feet six inches to seven feet shall be considered a built-in deficiency which is beyond reasonable correction.
(b) Superficial floor area.
Any existing habitable room of less than 70 square feet shall be considered a built-in deficiency and beyond reasonable correction.
(c) Natural light and ventilation.
Any existing habitable room with window area less than 8% of the floor area shall be considered a built-in deficiency beyond reasonable correction but in no case shall the required window area be less than 5% of the floor area, or less than required for sleeping rooms by subsection 425.27.
(d) Entry doors.
Any existing dwelling which does not have at least one doorway that is at least 36 inches wide and at least 80 inches high, providing access to and egress from said dwelling, shall be considered a built-in deficiency, provided there is at minimum, one access/egress doorway is at least 32 inches wide and at least 80 inches high.
(e) Stairways.
An existing stairway that does not meet the standards for maximum rise and minimum run may be considered a built-in deficiency if it is not considered hazardous by the enforcement officer.
(f) Landings.
An existing stair landing that does not meet the minimum required length and width of three feet may be considered a built in deficiency if it is not considered hazardous by the enforcement officer. (Added, Ord. No. 03-06)
Subd. 9. Reinspection.
At the end of the period allowed for the correction of a violation specified in the compliance order, the enforcement officer may reinspect the premises to determine whether those corrective actions have been sufficient to bring the violations into compliance. If the premises are in substantial compliance with requirements of this section as of the time of the inspection or reinspection, the enforcement officer may issue the license in accordance with the requirements of section 425.31. (Amended, Ord. No. 03-06)
Subd. 10. Reinspection-non-compliance.
If after the period allowed for compliance has elapsed, the enforcement officer determines on the basis of a reinspection that the violation has not been corrected, the enforcement officer may issue a citation or may file a formal complaint summoning the responsible party into court. The citation shall reiterate the charge and the section(s) violated. The City may also take action to correct violations under the provisions of subdivision 7. Fees for reinspection may apply as outlined in appendix B. (Amended, Ord. 99-13)
Subd. 11. No warranty by City.
By enacting and undertaking to enforce the PMC neither the City nor its council, agents or employers warrant or guarantee the safety, fitness or suitability of any building in the City, and any representation to the contrary by any person is a misdemeanor. Owners or occupants should take whatever steps they deem appropriate to protect their interests, health, safety and welfare. A warning in substantially the foregoing language shall be printed on the face of the rental dwelling license. (Amended, Ord. No. 03-06; Ord. No. 14-02)
Subd. 12. Administrative Fee.
An administrative fee shall be due and payable by the property owner for when a required rental inspection when more than 30 days has elapsed without a required rental inspection during the inspections assigned month. This fee is in addition to any other fee or fine that may result from uncorrected PMC violations. Fees shall be as established by Appendix B. (Added, Ord. No. 07-18; Ord. No. 14-02)
Subdivision 1. Right of appeal.
Any person aggrieved by a compliance order may appeal the compliance order to the City Council. Such appeals must be in writing, must specify the grounds for the appeal, must be accompanied by a filing fee in cash or cashier's check, and must be filed with the City Clerk within ten business days after service of the compliance order. The filing fee is set forth in Appendix B. The filing of an appeal shall stay all proceedings in furtherance of the action appealed from, unless such a stay would cause imminent peril to life, health, property or public safety. (Amended, Ord. No. 2018-02)
Subd. 2. Board of appeals decision.
Upon at least five business days notice to the appellant of the time and place for hearing the appeal, and within 30 days after said appeal is filed, the City Council must hold a hearing thereon, at which the applicant may appear and present evidence as to why the compliance order, or any portion thereof, should not be issued. The City Council may reverse, modify or affirm, in whole or in part, the compliance order and shall order return of all or part of the filing fee if the appeal is upheld. The City Council may postpone a meeting and hold hearing at a later date, not to exceed 60 days after the appeal is filed, when it is necessary to do so.
Any person who fails to comply with a compliance order within the time limits specified therein and any person who violates any of the provisions of the PMC by doing any act or omitting to do any act which constitutes a breach of any section of the PMC shall, upon conviction thereof, be guilty of a misdemeanor and subject to a fine or imprisonment, and may be subject to administrative penalties and civil action as prescribed by state law and city code. Each day of such failure to comply constitutes a separate offense. (Amended, Ord. No. 03-06; Ord. No. 14-02)
Subdivision 1. Declaration and Purpose.
(a) The United States Constitution directs a decennial census count of all persons living in the United States.
(b) Complete, accurate census data is of critical importance to all residents of Robbinsdale for equal political representation, fair distribution of federal and state funding, and sound planning and investment in infrastructure, real estate, business development, and public policies and programming.
(c) During the decennial census, the United States Census Bureau conducts Non-Response Follow-Up Operations (NRFU), when employees of the United States Census Bureau visit households that have not yet submitted a completed census form.
(d) Renters and others who live in multi-unit housing structures have historically been at a higher risk of being undercounted in the decennial census, with the number of renter households in an area being the most influential variable affecting the area’s census self- response rate; in other words, the more renters in an area, the lower the self-response rate of that area tends to be.
(e) The risk of an undercount is compounded in areas with high concentrations of communities that have been consistently undercounted in the past and who are more likely to be renters, including low income households, communities of color, Native American/American Indian communities, immigrants and refugees, and young people.
(f) Multi-unit housing structures can be difficult for Census Bureau employees to enter due to security barriers.
(g) It is critical that Census Bureau employees have access to multi-unit housing structures during the decennial census, so they can reach households that have not yet participated.
(h) 13 U.S. Code § 223 authorizes Census Bureau employees to access “any hotel, apartment house, boarding or lodging house, tenement, or other building.”
Subd. 2. Access required. It is unlawful for a person, either directly or indirectly, to deny access to an apartment building, nursing home, or other multi-unit structure which is used as a residence, or any area in which one or more single-family dwellings are located on private roadways, to employees of the United States Census Bureau who displays current, valid Census Bureau credentials and who are engaged in official census counting operations during the Census Bureau’s standard operational hours of 9:00 a.m. to 9:00 p.m. (local time) during the decennial census.
Subd. 3. Written materials. Census Bureau employees granted access must be permitted to leave census materials in an orderly manner for residents at their doors, except that the manager of a nursing home may direct that the materials be left at a central location within the facility. The census materials shall not be removed by anyone other than the residents or their agent for: 1) if left at the door, at least three (3) days; or 2) if left at a central location in a nursing home, at least five (5) days.
Subd. 4. Permitted denial. This section does not prohibit: 1) denial of admittance into a particular apartment, room, or personal residential unit; 2) denial of permission to visit certain persons for valid health reasons, in the case of a nursing home or a registered housing with services establishment providing assisted-living services meeting the requirements of Minnesota Statutes, section 1440.03, subdivision 2; 3) limiting visitors to a reasonable number of census employees; 4) requiring a prior appointment or notification to gain access to the structure; or 5) denial of admittance to or expulsion of an individual employee from a multi -unit housing structure for good cause.
(Added, Ord. No. 20-02)
Subdivision 1. The Robbinsdale city council is enacting this section to help prevent the spread of graffiti vandalism and to establish a program for the removal of graffiti from public and private property.
Subd. 2. The city council finds that graffiti is a public nuisance and destructive of the rights and values of property owners as well as the entire community. Graffiti perpetrators are often associated with other criminal activities, including violent crimes. Unless the city acts to remove graffiti from public and private property, the graffiti tends to remain. Other properties then become the target of graffiti and entire neighborhoods are affected and become less desirable places in which to be, all to the detriment of the city.
Subd. 3. The city council intends, through the adoption of this section, to provide additional enforcement tools to protect public and private property from acts of graffiti vandalism and defacement of public and private property. The council does not intend for this chapter to conflict with any existing anti-graffiti state laws or “criminal damage to property” laws.
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