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(A) (1) The City has adopted the International Property Maintenance Code (IPMC), a national model code that addresses maintenance requirements for the interior and exterior of structures. It is not meant to replace other city ordinances being enforced by the city (e.g. zoning, nuisances, inoperable vehicles, signs, parking, and the like). The IPMC also contains requirements for plumbing, heating, fire, and electrical systems in existing buildings. This document is consistent and comprehensive and is a compatible property maintenance document that is meant to be used with other codes as adopted by the State of Minnesota.
(2) The adoption of this document will clarify the city’s expectations to property owners in the areas of providing safe, structurally sound, well maintained facilities for all buildings in the city.
(B) New rental license. Applications for a residential rental property license will be made to the City Clerk-Treasurer. The completed application will be forwarded to the Zoning Administrator who shall review the application for conflicts with zoning ordinances and parking requirements. If approved, the application will be assigned to the appointed rental housing inspector for inspection on compliance with this code and any other applicable statute, ordinance, code, or regulation. A rental license will be issued after the property is in full compliance with all requirements. The property may not be rented until final approval as evidenced by the issuance of the license.
(C) Inspection upon complaint. Any residential property within the city is subject to investigation upon complaint by any citizen or city employee. Complaints shall be investigated in accordance with the following schedule.
(1) All complaints shall be investigated within 72 hours of receipt by the city rental housing inspector, or their designee, shall inspect the property to verify the existence of conditions in violation of this subchapter or any other applicable statute, ordinance, code or regulation.
(2) Tenant requested inspection. A tenant may at any time request an inspection of the rental property in which they currently reside. A fee for such inspection shall be imposed on the tenant only if the hearing examiner board finds, by a preponderance of the evidence that the request was made in bad faith.
(D) Administrative penalties for failure to allow inspection. The City Council shall establish administrative penalties for intentional failure, or failure without good cause; to appear for scheduled rental inspections or re-inspections or for intentional avoidance or delay in scheduling inspection(s) when requested. Administrative penalties may also be imposed for failure to correct code violations after proper notice. Administrative penalties are in addition to any criminal charges and/or fines.
(E) Confidentiality of complainant’s name(s). The identities of any person filing a complaint about violations of state law, or local ordinance, concerning the use of real property, and any information that would identify such person, is classified as confidential under M.S. § 13.44. No employee or agent of the city shall release or reveal such information except by court order.
(F) Penalty for retaliation against complainant. It is a misdemeanor for any person to take retaliatory action against, harass or intimidate any person who makes a good-faith complaint against real property within the city.
(G) Penalty of filing a false or malicious complaint. It shall be a misdemeanor for any person to file a false or malicious complaint of violations of state law or local ordinance concerning the use of real property.
(Ord. 85, passed - -2020)
(A) The property owner will be required to pay all outstanding invoices from the city associated with the enforcement of the residential rental property ordinance. Cost and fees will be determined by the city fee schedule and a per hour basis of the contracted rental housing inspector’s hourly fee. Payment will be considered past due 30 days after the date of the invoice.
(B) Any outstanding bills or invoices related to the enforcement of the residential rental property ordinance will have a lien against the property being serviced and the City Clerk-Treasurer shall certify to the Waseca County Auditor’s Office the amount of the delinquent balance, which amount shall be added to taxes and assessments due and payable against the property.
(Ord. 85, passed - -2020)
(A) All new rental units licensed after the effective date of this subchapter shall provide two off-street parking spaces for each dwelling unit.
(B) Location and design of off-street parking. All new rental units licensed after the effective date of this subchapter shall provide required off-street parking in conformance with the following:
(1) All required off-street parking spaces for single family and two-family dwellings shall be provided on the same lot as the dwelling.
(2) Off-street parking spaces for multi-family dwellings (three-family or more) may be provided on a lot located not more than 500 feet from the main building, provided that the off-premises parking lot is held under the same ownership or leasehold interest as the lot on which the multi-family dwelling is located.
(3) Private and public sidewalks, boulevards and other portions of the public right-of-way shall not be used to satisfy off-street parking requirements.
(4) For one and two-family dwellings, all off-street parking spaces, enclosed or unenclosed, shall have minimum dimensions of ten feet by 20 feet, exclusive of required drives and accesses.
(5) For a single-family dwelling, the unenclosed parking space located immediately adjacent to the entrance of a garage may be considered one off-street parking space provided the space has a minimum dimension of ten feet by 20 feet and conforms to all other regulations. The enclosed garage space may also be considered an off-street parking space for the purpose of satisfying the parking requirements, provided the enclosed parking space has a minimum dimension of ten feet by 20 feet.
(6) All newly constructed rental property shall have the driveway and parking surface hard surfaced within one year after issuance of a new rental license. Acceptable hard surfacing does not include recycled asphalt or recycled concrete. Failure to hard surface within one-year shall result in the revocation of the rental license. Existing rental property at the time of this subchapter’s adoption are required to provide adequately designed parking for vehicular weight that is aesthetically appealing.
(7) Notwithstanding any of the above or as otherwise permitted in this subchapter tandem parking arrangements shall not be allowed to satisfy the parking requirements of this subchapter.
(C) Non-conforming off-street parking. Rental units in operation prior to the adoption of this subchapter shall be required to provide additional off-street parking for the purpose of satisfying the requirements of this section if adequate off-street parking spaces are not presently provided for the occupants. This requirement shall only apply to rental properties containing yard areas that may be used for additional parking in conformance with the location and design regulations of division (B).
(Ord. 85, passed - -2020)
(A) Authority.
(1) The City Clerk-Treasurer, or their designee, is hereby authorized and directed to enforce all the provisions of this subchapter.
(2) The City Clerk-Treasurer, or their designee, shall have the power to render interpretations of this subchapter and to adopt and enforce rules and supplemental regulations to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this subchapter.
(B) Right of entry.
(1) When it is necessary to make an inspection to enforce the provisions of this subchapter, or when the city has reasonable cause to believe that there exists in a building or upon a premise a condition which is contrary to or in violation of this subchapter, they may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this subchapter, provided that if such building or premises is occupied that credentials will be presented to the occupant and entry requested. If such building or premises is unoccupied, they shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the city's rental housing inspector, shall have recourse to the remedies provided by law to secure entry.
(2) Exception. Licensed rental properties are subject to inspection for purposes of this subchapter at any time without requirement for warrant.
(C) Responsibilities defined.
(1) Owners remain liable for violations of duties imposed by this subchapter even though an obligation is also imposed on the occupants of the building and even though the owner has, by agreement, imposed on the occupant the duty of furnishing required equipment or of complying with this subchapter.
(2) Buildings, structures, and parts thereof shall be maintained in a safe and sanitary condition. The owner or the owner’s designated agent shall be responsible for such maintenance. To determine compliance with this division, the building may be re-inspected.
(3) Owners, in addition to being responsible for maintaining the buildings in a sound structural condition, shall be responsible for keeping that part of the building or premises which the owner occupies or controls in a clean, sanitary and safe condition, including the shared or public areas in a building containing two or more dwelling units.
(4) Owners shall, when required by this subchapter or any other applicable code, ordinance, regulation or statute, furnish and maintain such approved sanitary facilities required, and shall furnish and maintain approved devices, equipment or facilities for the prevention of insect and rodent infestation, and when infestation has taken place, shall be responsible for the extermination of any insects, rodents, bats or other pests when such extermination is not specifically made the responsibility of the occupant by law or ruling.
(5) Occupants of a dwelling unit, in addition to being responsible for keeping it in a sanitary and safe condition that part of the dwelling or dwelling unit or premises which they occupy and control, shall properly dispose of their rubbish, garbage and other organic waste in a manner required by this subchapter, or any other applicable code, ordinance, regulation or statute.
(6) Occupants shall, when required by this subchapter, or any other applicable code, ordinance, regulation, or statute, furnish and maintain approved devices, equipment, or facilities necessary to keep their premises safe and sanitary.
(Ord. 85, passed - -2020)
(1) Any violation of §§ 175.01 through 175.06 shall be a basis for the suspension or revocation of the permit for the property or building in or on which the adult use is located. In the event the City Council proposes to revoke or suspend a permit, the property owner shall be notified in writing of the basis for such proposed suspension or revocation. The City Council shall hold a hearing for the purpose of determining whether to revoke or suspend the permit, which hearing shall be within 30 days of the date of the notice.
(2) The City Council shall determine whether to revoke or suspend the permit within 30 days after the close of the hearing or within 60 days of the dates of the notice, whichever is sooner, and shall notify the property owner of its decision within the period.
(3) All applicants must include in any lease (written or oral) a copy of §§ 175.20 through 175.37 and must further advise all tenants that a violation of §§ 175.20 through 175.37 by the applicant (landlord) or any occupant of the premises could result in termination or revocation of the rental license and immediate eviction of all tenants.
(Ord. passed 7-10-2006; Ord 85, passed - -2020)