Subd. 1. Adoption of the International Property Maintenance Code by reference. Chapters 2, 3, 4, 5, 6, and 7 of the "2012 International Property Maintenance Code," as may be amended, are adopted and incorporated herein and shall be controlling within the city. At least one copy of the code shall be on file in the office of the Compliance Official for use and examination by the public.
Subd. 2. General provisions.
a. Maintenance of shared or public areas. Every owner of a rental dwelling shall maintain in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof.
b. Maintenance of occupied areas. Every occupant of a rental dwelling unit shall maintain in a clean and sanitary condition that part or those parts of the dwelling unit and premises thereof that it occupies and controls.
c. Responsibility of owner and occupant for storage and disposal of garbage and rubbish. Every owner of a rental dwelling shall supply facilities for the sanitary and safe storage and/or disposal of rubbish and garbage. In the case of single-family attached or detached rental dwelling units, it shall be the responsibility of the occupant to furnish the facilities. Every occupant of a rental dwelling unit shall store and dispose of all its rubbish, garbage and organic waste in a clean, sanitary and safe manner as prescribed by Chapter 504 of this code.
d. Responsibility for storm and screen doors and windows. The owner of a rental dwelling unit shall be responsible for providing and hanging all screens and storm doors and storm windows whenever the same are required under the following provisions, except where there is written agreement otherwise between the owner and occupant.
(1) Every window, other than a fixed window or storm window, shall be capable of being easily opened.
(2) Every window, door and frame shall be constructed and maintained in the relation to the adjacent wall construction as to completely exclude rain, wind, cold, vermin and rodents from entering the building.
(3) Every openable window or other device required by this section shall be supplied with 16 mesh screens during the insect season.
e. Responsibility for pest extermination.
(1) Every occupant of a rental dwelling containing a single rental dwelling unit shall be responsible for the extermination of vermin infestations and/or rodents on the premises.
(2) Every occupant of a rental dwelling unit in a dwelling containing more than one rental dwelling unit shall be responsible for the extermination whenever its dwelling unit is the only one infested. Notwithstanding, however, whenever infestation is caused by the failure of the owner to maintain a rental dwelling in a reasonable rodent-proof or reasonable vermin-proof condition, extermination shall be the responsibility of the owner.
(3) Whenever infestation shall exist in two or more of the rental dwelling units in any dwelling, or in the shared or public parts of any rental dwelling containing two or more rental dwelling units, extermination thereof shall be the responsibility of the owner.
f. Rodent harborages prohibited in public areas. No owner of a rental dwelling shall accumulate or permit the accumulation of boxes, lumber, scrap metal or any other similar materials in a manner that may provide a rodent harborage in or about shared or public areas of a rental dwelling or it premises. Materials stored by the owner or permitted to be stored by the owner shall be stacked neatly in piles.
g. Rodent-proof. Every rental dwelling and accessory structure and the premises upon which located shall be maintained in a rodent-free and rodent-proof condition. All openings in the exterior walls, foundations, basements, ground or first floors and roofs which have a one-half inch diameter or larger opening shall be rodent-proofed in an approved manner. Interior floors or basements, cellars and other areas in contact with the soil shall be paved with concrete or other rodent-impervious material.
h. Sanitary maintenance of fixtures and facilities. Every occupant of a rental dwelling unit shall keep all supplied fixtures and facilities therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.
i. Removal of snow and ice. The owner of a multiple-family rental dwelling or dwellings shall be responsible for the removal of snow and ice from parking lots, driveways, steps and walkways on the premises.
(1) Individual snowfalls of three inches or more, or successive snowfalls accumulating to a depth of three inches, shall be removed from parking lots and driveways within 24 hours after cessation of the snowfall.
(2) Individual snowfalls of one inch or more, or successive snowfalls accumulating to a depth of one inch, shall be removed from steps and walkways within eight hours after cessation of the snowfall.
j. Maintenance of driving and parking areas. The owner of a multiple-family rental dwelling or dwellings shall be responsible for providing and maintaining in good condition surfaced and delineated parking areas and driveways for tenants consistent with § 1201.03, Subd. 5 of this code.
k. Maintenance of yards. The owner of a multiple-family rental dwelling or dwellings shall be responsible for providing and maintaining the yard or yards.
l. Facilities to function. Every supplied facility piece of equipment or utility required under city ordinances and the associated chimney flue shall be installed and maintained and shall function effectively in a safe, sound and working condition. Wood-burning fireplaces may be rendered nonoperational if blocked or sealed to prevent use to the satisfaction of the Compliance Official.
m. Discontinuance of service of facilities. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this chapter to be removed from or shut off from or discontinued for any occupied rental dwelling or rental dwelling unit let by the owner or operator, except for the temporary interruptions as may be necessary when actual repairs or alterations are in process or during temporary emergencies.
n. Yard cover. Every yard of a premises on which a dwelling stands shall be provided with lawn or combined ground cover of vegetation, garden, hedges, shrubbery and related decorative materials and the yard shall be maintained consistent with prevailing community standards.
o. One family per dwelling unit. Not more than one family, except for temporary guests, shall occupy a rental dwelling unit.
p. Accessory structure maintenance. Accessory structures supplied by the owner, agent or tenant occupant on the premises of a rental dwelling shall be structurally sound and be maintained in good repair and appearance. The exterior of the structures shall be made weather resistant through the use of decay-resistant materials such as paint or other preservatives.
q. Smoke detectors and carbon monoxide detectors required. All rental dwelling units shall be provided with approved smoke detectors and carbon monoxide detectors and shall be installed in accordance with the State Building Code.
r. Drinking water. The property owner of rental dwelling units having domestic water supplied by a private well must provide a test result of the water from a lab certified by the Minnesota Department of Health at the time of application for initial license and retested with each license renewal every three years thereafter or earlier upon change of property ownership. The domestic water supply must meet the standards as established by Minn. Rules 4720.0350 for arsenic, nitrates, and coliform bacteria.
s. Maintenance of exterior siding and paint. The exterior of each building shall be kept in good repair, weather-tight and shall not be in a dilapidated condition. Painted surfaces shall be kept in good condition. Facades with paint that is peeling, chipping or otherwise not adhering to the applied surface shall be repainted with colors consistent and compatible with the remainder of the building and as follows:
(1) Facades where less than 10% of the surfaces are affected, but the affected areas are concentrated, the affected areas shall be repainted.
(2) Facades where 10% or more of the surfaces are affected shall be repainted in their entirety.
t. Maintenance of interior paint. The interior paint of each building shall be kept in good repair and shall not have paint that is peeling, chipping or otherwise not adhering to the applied surface shall be repainted or, in the case of exposed lead paint, remediated according to Minn. Rules Chapter 4761.
Subd. 3. Pre-existing structural deficiencies exempt. The following are pre-existing deficiencies and shall be exempt from compliance with the code; provided, that the pre-existing deficiencies were in compliance with a building code at the time of construction or do not pose a hazard. The pre-existing deficiencies shall include, but are not limited to:
a. Ceiling height. Any existing habitable room with less than a seven and one-half foot ceiling height shall be considered a pre-existing deficiency which is beyond reasonable correction.
b. Superficial floor areas. Any existing habitable room of less than 90 square feet shall be considered a pre-existing deficiency and beyond reasonable correction.
c. Natural light and ventilation. Any existing habitable room with window area less than 10% of the floor area shall be considered a pre-existing deficiency beyond reasonable correction but in no case shall the required natural light and ventilation be less than 5% of the floor area.
Subd. 4. Correction of immediate hazards. No occupancy shall be permitted of any dwelling unit if vacant and an immediate hazard exists. If the dwelling unit is occupied and an immediate hazard exists, immediate corrective action shall be taken by the occupant, owner, agent of the owner or other responsible persons. The dwelling unit may be ordered vacated if no immediate corrective action is taken and the occupant, owner, agent of the owner or other responsible person fail to comply with any order to correct any immediate hazard. Immediate hazards to health and safety for human occupancy shall include but not be limited to the following:
a. Heating systems that are unsafe due to burned out or rusted heat exchangers (fire box); burned out or plugged flues; no vent; connection with unsafe gas supplies; or lack of temperature and pressure relief valves;
b. Water heaters that are unsafe due to burned out or rusted heat exchangers (fire box); burned out, rusted or plugged flues; no vent; connection 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 taped or spliced wiring; exposed uninsulated wires; distribution systems of extension cords or other temporary methods; ungrounded systems;
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; cross connection of pure water supply with fixtures or sewage lines; or the lack of water;
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 residential buildings and structures unsanitary for human occupancy, including lack of light and air;
g. Infestation of rats, insects and other vermin; and
h. Domestic water used primarily for consumption which exceeds the safe drinking water standards contained in Minn. Rules Part 4720.0350 as may be amended from time to time for arsenic, nitrates, and coliform bacteria, must be brought into compliance by the property owner before a rental license is issued.
(1987 Code, § 1004.04) (Ord. 272, passed 4-12-1993; Am. Ord. 479, passed 8-22-2011; Am. Ord. 546, - -2017; Am. Ord. 598, passed 4-10-2023)