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In addition to any of the preceding provisions which may be of application to nonresidential, industrial and institutional uses, the following sections apply to all such uses. If one of the sections or provisions which follow conflict with any of the preceding provisions, the provision most favorable to the expressed intent of this chapter shall apply.
(A) Scope. The provisions of this section shall govern the minimum conditions and responsibilities of owners or occupants of commercial property for the maintenance of structures, equipment and exterior property.
(B) Responsibility. The owner or occupants of the commercial premises shall maintain the structures and exterior property in compliance with this chapter. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this section. Owner or occupants of a commercial premises are responsible for maintaining the premises in a clean, sanitary and safe condition.
(C) Sanitation. All exterior property areas shall be maintained free from any accumulation of refuse, municipal solid waste, solid waste, rubbish, garbage, litter, animal feces, or refuse.
(D) Insect and rodent infestations. It shall be the responsibility of the owner to exterminate any infestation of rodents, insects, vermin, or other pests in all exterior areas and accessory structures on the premises.
(E) Accessory structures. All accessory structures, including but not limited to detached garages, sheds, and fences, shall be structurally sound and maintained in good repair. All exterior surfaces shall be maintained in a state of good repair.
(F) Stored materials. It shall be unlawful to accumulate and store building material, lumber, boxes, cartons, or other containers, machinery, scrap metal, junk, raw material, fabricated goods and other items in such manner as to constitute a nuisance or rodent harborage.
(G) Obscuring fences.
(1) It shall be unlawful to maintain outdoor storage abutting a residential district or a property occupied by a 1, 2, 3, or 4 dwelling unit, townhouse or multiple-family dwelling which constitutes a nuisance. Upon a determination that a violation of this section exists, the enforcement officer may cause the nuisance to be abated by requiring the installation of a 6 foot high obscuring fence or landscape screening at an equal or lesser cost than a fence.
(2) Upon receipt of a notarized petition alleging the existence of a public nuisance and signed by 2/3 of the property owners located in an area 1 block in any direction of the subject property, the enforcement officer shall inspect the property. In the event the enforcement officer determines that the outdoor storage constitutes a violation, the enforcement officer may cause the nuisance to be abated by requiring the installation of a 6 foot high obscuring fence or appropriate landscape screening.
(H) Refrigerators and accessible containers. It shall be unlawful to permit a refrigerator or other container, sufficiently large to retain a child and with doors which fasten automatically when closed, to be exposed and accessible to children without removing the doors, lids, hinges or latches.
(I) Foundations, walls, roofs and other exterior surfaces. Every foundation, exterior wall, roof and all other exterior surfaces shall be maintained in a professional state of maintenance and repair.
(1) The foundation elements shall adequately support the building at all points.
(2) Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers and any other conditions which admit dampness to the interior portions of the walls or to the interior spaces.
(3) All exterior wood surfaces, other than decay-resistant woods and previously painted non-wood surfaces, shall be protected from the elements and decay by paint which is not lead-based paint or by other protective covering or treatment.
(4) The roof shall be tight and have no defects which admit rain and roof drainage shall be adequate to prevent rainwater from causing dampness in the walls.
(J) Windows, doors and hatchways. Every window, exterior door and basement hatchway shall be substantially tight and shall be kept in sound condition and repair.
(1) Windows shall be fully supplied with windowpanes which are without open cracks or holes, sashes shall be in sound condition and fit reasonably tight within the frame.
(2) Every exterior door and its hardware shall be in sound condition and fit reasonably well within its frame.
(3) Every basement hatchway shall be so constructed and maintained as to prevent the entrance of rodents, rain and surface drainage water into the structure.
(K) Sidewalks and driveways. All sidewalks, walkways, driveways, parking spaces and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions.
(L) Motor vehicles. No inoperative or unlicensed motor vehicles or junk vehicles shall be parked, kept, or stored on any commercial premises and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped and dismantled unless such unlicensed or inoperable vehicles are on the premises of junk yards and automobile graveyards that are defined, maintained, and licensed in accordance with state law.
(M) Dangerous machinery. Accumulation of discarded or disused, dangerous machinery, automobile bodies, or other material or equipment in a manner creating fire or safety hazards from such accumulation.
(N) Other materials. All materials not intended for or a part of landscaping or functionability of the property shall be stored inside a structure suitable for storage or concealed from public view.
(O) Unlawful acts. It shall be unlawful for a person, firm, corporation or its agents to be in conflict with or in violation of any of the provisions of this chapter.
(P) Notice of violation. The ordinance official shall serve notice of violation, order or citation in accordance with § 95.13.
(Q) Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with § 95.13 shall be deemed guilty of a misdemeanor, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the ordinance official shall institute the appropriate proceeding at law or equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this chapter or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
(R) Violation penalties. Any person who shall violate a provision of this chapter, or fail to comply therewith, or with any of the requirements thereof, shall be guilty of a misdemeanor and prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(S) Enforcement. The remedies provided in this chapter are not exclusive. They are in addition to and do not supersede or preempt other remedies such as injunctive relief, hazardous building condemnation, elimination of public health and safety hazards under Minnesota Statutes, or criminal charges for violation of substantive provisions of any city or state ordinance relating to housing maintenance, health, fire safety, building or zoning. Further, the remedies in this chapter do not supersede or affect the legal rights or remedies of the tenants provided under state law or other ordinance provisions.
(T) Abatement of violation. The imposition of the penalties herein described in this chapter shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
(Ord. 336, passed 6-6-2016) Penalty, see § 95.99