Subd. 1. Unfit for human habitation.
a. Any rental dwelling or rental dwelling unit, which is damaged, decayed, dilapidated, unsanitary, unsafe, vermin or rodent infested or which lacks provision for basic illumination, ventilation or sanitary facilities to the extent that the defects create a hazard to the health, safety or welfare of the occupants or of the public may be declared unfit for human habitation. Whenever any rental dwelling or rental dwelling unit has been declared unfit for human habitation, the Compliance Official shall order same vacated within a reasonable time and shall post a placard on same indicating that it is unfit for human habitation and any license previously issued for the dwelling shall be revoked.
b. It shall be unlawful for the rental dwelling or rental dwelling unit to be used for human habitation until the defective conditions have been corrected and written approval has been issued by the Compliance Official. It shall be unlawful for any person to deface or remove the declaration placard from any rental dwelling or rental dwelling unit.
Subd. 2. Secure unfit and vacated dwellings. The owner of any rental dwelling or rental dwelling unit which has been declared unfit for human habitation, or which is otherwise vacant for a period of 60 days or more, shall make same safe and secure so that it is not hazardous to the health, safety and welfare of the public and does not constitute a public nuisance. Any vacant dwelling open at doors, or windows, if unguarded, shall be deemed to be a hazard to the health, safety and welfare of the public and a public nuisance.
Subd. 3. Hazardous building declaration. In the event that a rental dwelling has been declared unfit for human habitation and the owner has not remedied the defects within a prescribed reasonable time, the dwelling may be declared a hazardous building and be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in M.S. §§ 463.15 et seq., related to hazardous and substandard buildings.
Subd. 4. Compliance order.
a. Whenever the Compliance Official determines that any rental dwelling, or rental dwelling unit, or the premises surrounding any of these, fails to meet the provisions of this chapter, he or she may issue a compliance order setting forth the violations of the ordinance and ordering the owner, occupant, operator or agent to correct the violations.
b. This compliance order shall:
(1) Be in writing;
(2) Describe the location and nature of the violations of this chapter;
(3) Establish a reasonable time for the correction of the violation and notify of appeal recourse; and
(4) Be served upon the owner or its agent or the occupant, as the case may require, and the notice shall be deemed to be properly served upon the owner or agent, or upon any occupant, if a copy thereof is:
(a) Served upon the owner, agent or occupant personally;
(b) Served upon the property; or
(c) Sent by first class mail to the owner's, agents', or occupant's last known address.
Subd. 5. Right of appeal. When it is alleged by any person to whom a compliance order is directed that the compliance order is based upon erroneous interpretation of this chapter, the person may appeal the compliance order to the City Council sitting as a Board of Appeals. The appeals must be in writing, must specify the grounds for the appeal, must be accompanied by a filing fee, as set forth by resolution of the City Council, from time to time, in cash or cashier's check, and must be filed with the Planning Department within ten business days after service of the compliance order. The filing of an appeal shall stay all proceedings in furtherance of the action appealed from, unless a stay would cause imminent peril to life, health or property.
Subd. 6. Board of Appeals decision. Upon receipt of an appeal of a compliance order a hearing shall be held before the City Council, serving as the Board of Appeals, at a regularly scheduled meeting. The Board of Appeals shall make a determination concerning the validity of the appeal. The Board of Appeals may reverse, modify or affirm, in whole or in part, the compliance order and may order return of all or part of the filing fee if the appeal is upheld.
Subd. 7. Restrictions on transfer of ownership. It shall be unlawful for the owner of any rental dwelling, or rental dwelling unit, upon whom a pending compliance order has been served to sell, transfer, mortgage, lease or otherwise dispose thereof to another person until the provisions of the compliance order have been complied with, unless the owner shall furnish to the grantee, lessee or mortgagee a copy of any notice of violation or compliance order and shall obtain and possess a receipt of acknowledgment. Anyone securing an interest in the rental dwelling, or rental dwelling unit, who has received notice of the existence of a violation compliance order shall be bound by same without further service of notice upon the person and shall be liable to all penalties and procedures provided by this chapter.
Subd. 8. License suspension or revocation. A license issued under the provisions of this chapter shall be subject to suspension or revocation by the City Council for violation of any provisions of the Shorewood City Code or laws of the state as outlined in § 1004.03 Subd. 10 of this chapter. In the event that a license is suspended or revoked by the City Council for just cause, it shall be unlawful for the owner or its duly authorized agent to thereafter permit any new occupancy of a vacant or thereafter vacated rental unit until the time as a valid license may be restored by the City Council.
Subd. 9. Alternative sanctions. Whenever the Compliance Official determines that any rental dwelling, or rental dwelling unit, or the premises surrounding any of these fails to meet the requirements set forth in this chapter, the Compliance Official may issue a violation letter summoning the responsible person into court or request the issuance of a criminal complaint and arrest warrant.
Subd. 10. Conflicts. Any conflict between any provisions of this chapter and any term of a contractual relationship between a landlord and a tenant shall be resolved in favor of this chapter.
Subd. 11. Penalties. Failure to comply with a compliance order after right of appeal has expired or violation of any of the provisions of this chapter shall be a misdemeanor. Each day that a violation continues shall be deemed a separate punishable offense.
Subd. 12. Separability. Every section, provision or part of this chapter is declared separable from every other section, provision or part to the extent that if any section, provision or part of the ordinance shall be held invalid, it shall not invalidate any other section, provision or part thereof.
(1987 Code, § 1004.06) (Ord. 272, passed 4-12-1993; Am. Ord. 533, passed 9-26-2016; Am. Ord. 546, passed - -2017) Penalty, see § 104.01