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The purpose of the PMC is to protect, preserve, and promote the public health, safety, and general welfare of the people of the City; to prevent property conditions that adversely affect or are likely to adversely affect the life, safety, general welfare, and health, including the physical, mental, and social well-being of persons occupying dwellings or other structures within the City; to provide minimum standards for basic equipment and facilities for light, ventilation, and thermal conditions, for safety from fire, for the use and location and amount of space for human occupancy and for an adequate level of maintenance; to preserve the value of land and buildings throughout the City; reduce or eliminate the effects of blight, and to provide for the administration and enforcement thereof. (Amended, Ord. No. 03- 06; 14-02)
The PMC is to be enforced exclusively for the purpose of promoting public, as opposed to private, welfare. Except as may be specifically provided herein or incidental to the enforcement hereof, the PMC is not intended to interfere with personal privacy or with private legal rights and liabilities, including without limitation landlord/tenant and lessor/lessee relationships. In enacting and enforcing the PMC, the City neither expressly nor by implication assumes any obligations or liabilities respecting such private rights or disputes, including those which involve or arise out of the non-conformity of any premises in the City to the provisions of the PMC. (Amended, Ord. No. 03-06; Ord. No. 10-13; Ord. No. 14-02)
A building and its premises used in whole or in part as a residence or as an accessory structure thereof, for a single family or person, and every building used in whole or in part as a residence for two or more persons or families living in separate units, except rest homes, convalescent homes, nursing homes, boarding houses, hotels, and motels, and a building and its premises used in whole or in part for assembly, commercial or office uses must conform to the requirements of the PMC, irrespective of when such building may have been or may be constructed, altered, or repaired. Every residential rental dwelling and its premises shall be inspected on a regular basis as a requirement for licensing. Enforcement action, under the PMC, against owner occupied dwellings, buildings with assembly, commercial or office uses is limited to violations of subsections 425.13, 425.15, and 425.33. This limit does not apply to rental dwellings, rented portions of dwellings or their common areas, including utility areas. These rental dwellings, portions of dwellings and common areas, including utility areas, shall comply with chapter 425 in its entirety and shall be licensed and inspected for compliance with the PMC. Condominium and cooperative housing public areas shall be subject to inspection and licensing if one or more dwellings in such a building is a rental dwelling. The PMC establishes minimum standards for erected dwelling units, accessory structures, and related premises. (Amended, Ord. No. 03- 06; 14-02)
Subdivision 1. For purposes of the PMC, the terms defined in this subsection have the meanings given them. (Amended, Ord. No. 03-06; Ord. No. 14-02)
Subd. 2. Accessory building or use means a subordinate building or subordinate use which is located on the same premises on which the main building or use is situated and which is incidental to the conduct of the primary use of such building or main use.
Subd. 3. Basement means that level of a building where the vertical distance from average grade to the floor below is more than the vertical distance from average grade to the floor next above.
Subd.4. Blighted means more than 50 percent of the building ore related premises is structurally substandard. (Added, Ord. No. 14-02)
Subd. 5. Boarding house means a building or structure or enclosure, or any part thereof, used as, maintained as, or advertised as, or held out to be an enclosure where meals or lunches are furnished to five or more regular boarders, whether with or without sleeping accommodations, for periods of one week or more.
Subd. 6. Building means a structure erected for the support, shelter, or enclosure of persons, animals, chattel, or movable property of any kind.
Subd. 7. Common areas means halls, corridors, passageways, utility rooms, recreational rooms and extensively landscaped areas in or adjacent to a multiple dwelling or building, not under the exclusive control of one person or family. (Amended, Ord. No. 10-13; 14-02)
Subd. 8. Condominium means a form of individual ownership within a multifamily building which entails joint responsibility for maintenance and repairs; in the condominium each apartment or townhouse is owned outright by its occupant.
Subd. 9. Cooperative housing means a multiple family dwelling owned and maintained by the residents: the entire structure and real property is under common ownership as contrasted to a condominium dwelling where individual units are under separate individual occupant ownership.
Subd. 10. Dwelling means a building, or portion thereof, designed or used for residential occupancy, including one-family dwellings, two-family dwellings, and multiple-family dwellings. Whenever the word "dwelling" is used in the PMC, it shall be construed as though it was followed by the words "or any part thereof." (Amended, Ord. No. 03-06; Ord. No. 14-02)
Subd. 11. Dwelling, single-family means a dwelling designed exclusively for occupancy by one family. (Amended, Ord. No. 03-06)
Subd. 12. Dwelling, two-family means a dwelling designed exclusively for occupancy by two families living independently of each other.
Subd. 13. Dwelling, multiple family means a dwelling or portion thereof containing three or more dwelling units.
Subd. 14. Dwelling units means a room or rooms connected together, constituting a separate, independent housekeeping unit for owner occupancy, or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking, toilet and sleeping facilities. Whenever the term "dwelling unit" is used in the PMC, it is to be construed as though it was followed by the words "or any part thereof." (Amended, Ord. No. 03-06; Ord. No. 14-02)
Subd. 15. Enforcement officer means a person designated by the City Manager to administer and enforce the PMC. (Amended, Ord. No. 03-06; Ord. No. 14-02)
Subd. 16. Excessive calls means four or more substantiated nuisance conduct service calls occurring within any 365-day period. (Added, Ord. No. 10-13; Amended, No. Ord. 21-12)
Subd. 17. Exit means a continuous and unobstructed means of egress to the outdoors and includes intervening doors, doorways, corridors, ramps, stairways, smokeproof enclosures, horizontal exists, exit passageways, exit courts and yards.
Subd. 18. Family means one or more persons each related to the other by blood, marriage, or adoption, or a group of not more than four persons not all so related maintaining a common household in a dwelling unit and using common cooking and kitchen facilities.
Subd. 19. Floor area, gross means the sum of the gross horizontal area of the several floors of a structure or structures measured from the exterior faces and exterior walls or from the center line of common walls separating dwelling units and other building types. Basements devoted to storage and off-street parking or either of them are not included. (Amended, Ord. No. 14-02)
Subd. 20. Flush water closet means a toilet bowl flushed with water under pressure with a water sealed trap above the floor level.
Subd. 21. Garbage means putrescible animal and/or vegetable wastes, including those resulting from the handling, preparation, cooking, and consumption of food. (Amended, Ord. No. 10-13)
Subd. 22. Group homes means any group quarter or other residential facility that is licensed by any governmental agency or as determined by the City of Robbinsdale. (Amended, Ord. No. 03-06).
Subd. 23. Habitable room means a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, but excluding bathrooms, water closet compartments, laundries, furnace rooms, pantries, utility rooms, foyers, corridors, stairways, closets, storage spaces, workshops, hobby and recreation areas, and basements lacking required ventilation, required electrical outlets, or required exit facilities.
Subd. 24. Hotel or motel means a building or structure or enclosure, or any part thereof, kept, used as, maintained as, or advertised as, or held out to the public to be an enclosure where sleeping accommodations are furnished to the public and furnishing accommodations for periods of less than one week: the term includes any facility licensed as a hotel or motel by Hennepin County.
Subd. 25. Kitchen means a space used or intended to be used for food preparation, which contains a sink, adequate space for installing cooking and refrigeration equipment, and space for the storage of cooking utensils.
Subd. 26. Nuisance means:
(a) A public nuisance known as such under common law or in equity or recognized by Minnesota Statutes or the City code.
(b) A public nuisance which may prove detrimental to children whether in a building, on the premises of a building, or upon an unoccupied lot. This includes, but is not limited to, any abandoned wells, shafts, basements, or excavations; abandoned refrigerators in a hazardous condition; unlicensed or inoperable motor vehicles; or any structurally unsound fences or structures; or any lumber, garbage, rubbish, fences or debris which may become a hazard for inquisitive minors.
(c) Overcrowding a room or dwelling with occupants. (Amended, Ord. No. 03-06)
(d) Insufficient ventilation or illumination.
(e) Inadequate or unsanitary sewage or plumbing facilities.
(f) Uncleanliness.
(g) Any situation or activity which renders air, food, or drink unwholesome or detrimental to the health of human beings.
(h) Any other activity or situation that is dangerous to human life or is detrimental to health.
(i) Overcrowding a room or portion of dwelling with long-term storage so as to prevent upkeep, maintenance or regular housekeeping. A room may be considered overcrowded when storage covers an excessive amount of the floor area of a room, constitutes a potential excessive fire load, prevents access to windows or doors, prevents access to or obstructs mechanical systems or air movement, effectively eliminates use and access to required electrical devices, impedes access and movement of emergency personnel, blocks hallways, limits the operation of doors or provides potential pest harborage. (Added, Ord. No. 03-06)
(j) An illegal occupancy by a person of any residential, or non-residential structure, building, or premises, or portion thereof, that is not in compliance with all applicable building codes, fire codes, local laws and ordinances. (Added, Ord. No. 16-07).
(k) Discharge onto a public right-of-way, sidewalk or alley from a sump pump or drain tile which can result in hazardous ice conditions, standing water that could create a possible insect breeding area and or erosion that would degrade a public right-of-way. (Added, Ord. No. 16-15).
Subd. 27. Nuisance conduct shall have the meaning given in section 927 of the code to the extent the call involves police services. (Added, Ord. No. 10-13; Amended, Ord. No. 21-12)
Subd. 28. Occupant means a person (including owner or operator) living, sleeping, cooking, eating or working in a building. (Amended, Ord. 14-02)
Subd. 29 . Openable area means that part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.
Subd. 30. Operator means the owner or owner's agent who has charge, care, control, or management of a building, or part thereof, including but not limited to those buildings in which dwelling units or rooming units are let or offered for occupancy. (Amended, Ord. No. 14-02)
Subd. 31. Owner or owner of record means the fee owner of the building, dwelling, dwelling unit or rooming unit, and includes vendees under a recorded contract for deed. For purposes of this section the term includes any agent of owner designated in writing by owner for such purposes. (Amended, Ord. No. 03-06; 10-13; 14-02)
Subd. 32. Owner-occupied dwelling means a dwelling unit occupied by the property owner, including for purposes of the PMC, a single-family dwelling or the discrete portion of any two-family or multi-family dwelling where the owner resides in one dwelling unit. (Amended, Ord. No. 03-06; Ord. No. 14-02)
Subd. 33. Paint blistered means a surface area where paint is cracked, flaked, chipped, or loose.
Subd. 34. Plumbing means the following supplied facilities and equipment in a dwelling: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar fixtures and the installation thereof, together with all connections to water, sewer, or gas lines.
Subd. 35. Premises means platted lot(s) or unplatted parcel(s) of land, or any portion thereof, either occupied or unoccupied by any dwelling or nondwelling structure, including such building, accessory structure, or other structure thereon.
Subd. 36. Proper connection to an approved sewer system means a functioning sewer connection free from defects, leaks, illegal modifications or obstructions with sufficient capacity to drain all fixtures or appliances which feed into it. The sewer system (be it municipal or private) must be capable of disposing of sewage in a safe, legal, sanitary, and adequate manner. (Amended, Ord. No. 03-06)
Subd. 37. Proper connection to an approved water system means a functioning plumbing connection free from defects, leaks, or obstructions providing an uncontaminated, controlled flow of water.
Subd. 38. Public areas means those areas which are normally open to the general public or the occupants of more than one dwelling unit of a multiple family dwelling.
Subd. 39. Public hall means a corridor, or passageway for providing egress from a commercial, office, or dwelling unit to the outdoors and not within the exclusive control of one business or family. (Amended, Ord. 14-02)
Subd. 40. Refuse means putrescible and nonputrescible waste solids including garbage and rubbish.
Subd. 41. Rental dwelling or rental dwelling unit means any dwelling unit not occupied by the owner of record regardless of familial relationship or whether rent or other compensation is paid to the owner. (Amended, Ord. No. 03-06; Ord. No. 10-13)
Subd. 42. Retaining wall means a wall or structure constructed of stone, concrete, wood, or other materials, used to retain soil, as a slope transition, or edge of a planting area.
Subd. 43. Rodent harborage means a place where rodents are liable to live, nest, or seek shelter.
Subd. 44. Rodent-proof means a condition where a structure and all parts thereof are protected from rodent, insect and vermin infestation by eliminating ingress and egress openings such as cracks in walls and holes in screens. For the purpose of the PMC the term "rodent-proof" shall be construed as though it included "insectproof" and "vermin-proof." (Amended, Ord. No. 03-06; Ord. No 14-02)
Subd. 45. Rooming unit means a room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes.
Subd. 46. Rubbish means nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, grass and shrubbery clippings, wood, glass, brick, plaster, bedding, crockery, and similar materials.
Subd. 47. Story means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above or the ceiling or roof next above such floor. A basement shall not be counted as a story.
Subd. 48. Structurally substandard means a building
(1) that was inspected by the applicable governing body and cited for one or more housing, maintenance, or building code violations involving one or more of the following:
(a) a roof and roof framing element;
(b) support walls, beams and headers;
(c) foundation, footings and subgrade conditions;
(d) lights and ventilation;
(e) fire protection, including egress;
(f) internal utilities including electricity, gas and water;
(g) flooring and flooring elements; or
(h) walls, insulation and exterior envelope; and
(2) where such housing, maintenance or building code violation(s) have not been corrected after two notices to correct the violation(s) and the cot to correct the violation(s) exceeds 50 percent of the estimated market value of the building, excluding land value as determined under Minnesota Statutes, Section 273.11 for property taxes payable in that year. (Added, Ord. No. 14-02)
Subd. 49. Structure means anything erected, the use on which requires more or less permanent location of the ground; or attached to something having a permanent location on the ground. Whenever the word "structure" is used in the PMC, it shall be construed as though it was followed by the words "or any part thereof." (Amended, Ord. No. 03-06; Ord. No. 10-13; Ord. No. 14-02)
Subd. 50. Tenant means any individual named as such in any lease, or in non-lease situations, any individual obligated to owner for the payment of rent. If there is no lease, and no rent is payable, the term means all occupants of the rental dwelling. (Added, Ord. No. 10-13)
Subd. 51. Townhome means a single family dwelling unit constructed in a group of three or more attached units in which each unit extends from foundation to roof and with open space on at least two sides. (Added, Ord. No. 08-08)
Subd. 52. Use means the purpose or activity for which the land or building is designated, or intended, or for which it is occupied, utilized, or maintained, including the performance of such activity as defined by the performance standards of this chapter.
Subd. 53. Ventilation means the process of supplying and removing air by natural or mechanical means to or from any space.
Subd. 54. Waste system means that part of the plumbing system which drains waste water from individual fixtures to the sewer system.
Subd. 55. Yard means all ground, lawn, court, walk, driveway, or other open space constituting part of the same premises.
Subdivision 1. Responsibilities of owners.
The owner of a building is responsible for the maintenance of that structure and for meeting the provisions of the PMC. (Amended, Ord. No. 03-06; 14-02)
(a) No transfer of responsibility.
A contract between owner and operator, or owner and occupant, with regard to compliance with the PMC, does not relieve the owner, operator or occupant of any duty imposed by the PMC. (Added, Ord. No. 03-06; Ord. 14-02)
Subd. 2. Responsibilities of occupants and owners.
(a) An owner, agent or occupant of a building may not allow the accumulation of dirt or filth on the premises occupied or controlled in a manner that could create a health hazard to the dwelling occupants or the general public. (Amended, Ord. No. 14-02)
(b) An owner, agent or occupant of a building may not allow the accumulation of rubbish or garbage on the premises occupied or controlled in a manner that could create a health hazard to the dwelling occupants or the general public. (Amended, Ord. No. 14-02)
(c) Rodent harborages in occupied areas. An owner, occupant or agent may not allow formation of rodent harborages in or about the premises occupied or controlled. (Amended, Ord. No. 10-13)
(d) The occupant of a dwelling containing a single dwelling unit is responsible for the extermination of rodents, insects or vermin on the premises. Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit is responsible for such extermination whenever the dwelling unit is the only one infested. Notwithstanding, however, whenever infestation is caused by the failure of the owner to maintain a dwelling in a reasonable rodent-proof condition, extermination is the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two or more dwelling units, extermination thereof is the responsibility of the owner.
(e) An owner, agent or occupant of any building may not allow the formation or presence of any nuisance in or about the premises. (Amended, Ord. No. 14-02)
(f) Leasing, subleasing or subletting a residential, or non-residential structure, building, or premises or portion thereof, by an occupant to another occupant or third party is prohibited. (Amended, Ord. No. 16-07)
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