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§ 116.07 INSPECTION AUTHORITY.
   (A)   City Building Inspector.
      (1)   The City Building Inspector shall be delegated the authority to administer and enforce the provisions of this chapter.
      (2)   The City Building Inspector is authorized to inspect all rental dwelling units in dwellings, whether having a rental license hereunder or not. The inspection may include the building or structure containing the rental dwelling unit, the land upon which it is located and accessory uses or structures related to the rental dwelling unit. All inspections authorized by this section shall be limited to those which are done for the purpose of seeking compliance with the applicable safety codes, and shall take place only at reasonable hours or as may otherwise be agreed upon by the owner and the City Building Inspector.
   (B)   Inspection criteria. The city may inspect any rental unit if it falls within one or more of the following criteria:
      (1)   Upon the issuance of a rental license.
      (2)   On an annual basis prior to the renewal of rental licenses.
      (3)   Upon receipt of complaint(s) regarding the rental unit.
      (4)   Upon transfer of the property title for a change in ownership.
      (5)   Per the request of the tenant occupying the rental unit upon certification by the tenant that the tenant has attempted to resolve the issue(s) directly with the landlord but has been unsuccessful. The landlord shall receive prior notice of the inspection and shall be notified that a fee for the inspection may be imposed. A fee for such inspection shall be imposed on the tenant only if the Council finds, by a preponderance of the evidence, that the request was made in bad faith.
      (6)   Such unit has been abandoned by the owner or the owner of such unit cannot be found.
      (7)   The rental dwelling unit license has been suspended, revoked or denied.
      (8)   Water, gas, or electric service to such unit has been discontinued as a result of nonpayment for more than 30 continuous days.
      (9)   The unit is on a parcel of land which is on the list of delinquent taxes filed by the County Auditor with the Court Administrator of the District Court pursuant to M.S. § 279.05.
      (10)   The city has probable cause to believe that there exists within such unit one or more violations of the requirements of this section.
      (11)   The unit of property within which the unit is located has, within the preceding six months, renewed a license after suspension or revocation.
      (12)   The unit is the subject of a pending notice of the city’s intent to suspend or revoke the rental license.
   (C)   Inspection access.
      (1)   Property owners and their agents shall permit the Building Inspector to inspect all premises governed by this section. The property owners or their agents shall make reasonable efforts to notify tenants of planned inspections of their rental units to the extent required by state law. If an owner, occupant, or other person in charge of a dwelling fails or refuses to permit free access and entry to the structure or premises, or any part thereof, for an inspection authorized by this section, the city may, upon a showing that probable cause (as the term is defined in Camara v. Municipal Court, 387 U.S. 523 (1967)) exists for the inspection or for the issuance of an order directing compliance with the inspection requirements of this section with respect to such rental dwelling, petition and obtain an order to inspect and/or a search warrant from a court of competent jurisdiction. Except as specifically authorized to the contrary by the court in exigent circumstances, search warrants under this section shall be executed at reasonable times and after reasonable efforts to give the owner (or other person in charge) and the occupant at least five days written notice of the date and time of the inspection authorized by the warrant. Property owners shall cooperate in the execution of all administrative search warrants and court orders, including providing access and entry to rented premises where directed to do so. An authorized representative of the property owner shall be present on the premises during inspections; however, failure of a property owner to comply with this requirement shall not deprive the city of the authority to inspect. Inspections shall be conducted during ordinary business hours unless otherwise requested by the owner or tenant. Inspections are limited to looking for code violations. Inspectors may not open containers, drawers or medicine cabinets without consent from the tenant and no other cabinet or closet may be opened unless reasonably necessary to check for code violations.
      (2)   Information from the inspection may not be disclosed to law enforcement unless required by law, disclosure is necessary to abate a methamphetamine lab or the mistreatment of minors, vulnerable adults, or animals, or disclosure is necessary to obtain police protection for the building inspector, after a threat of bodily harm.
      (3)   Failure of a property owner to obey any of the requirements of this subdivision shall subject the property owner to suspension or revocation of license, in addition to other remedies and/or penalties provided by law. Any such suspension or revocation shall continue until the inspection sought has been completed, any violations satisfactorily remedied, and any outstanding fees or penalties have been paid.
      (4)   The city shall give notice to the owner of any violations of the applicable safety codes which are discovered during any inspection.
   (D)   Vacation of building. Any 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 the public, may be declared unfit for human habitation by the Building Inspector who shall then order the same vacated within a reasonable timeframe and shall post a placard on the rental dwelling unit indicating that it is unfit for human habitation.
   (E)   Reoccupation. It shall be unlawful for a rental dwelling unit to be used for human habitation until the defective conditions have been corrected and written approval has been issued by the Building Inspector. It shall be unlawful for any person to deface or remove the declaration placard from any rental dwelling unit.
   (F)   Secure units and vacated dwellings. The owner of any 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 the premises safe and secure so that it is not hazardous to the health, safety or welfare of the public and a public nuisance within the meaning of this chapter.
   (G)   Hazardous building declaration. In the event that a rental dwelling unit has been declared unfit for human habitation and the owner has not remedied the defects within the prescribed time, the dwelling may be declared a public health nuisance and treated consistent with the provisions of M.S. § 145A.04 or successor statutes.
   (H)   Malicious complaints. The Building Inspector may charge back to the complainant the costs of investigating complaints made on any rental dwelling unit if it is determined that the complaint is invalid.
(Ord. 08-04, passed 10-14-08; Am. Ord. 12-03, passed 8-8-12)
§ 116.08 COMPLIANCE ORDER.
   (A)   Issuance. Whenever the Building Inspector determines that any rental dwelling unit, or the premises surrounding any rental dwelling, fails to meet the provisions of this chapter, a compliance order may be issued setting forth the violations and ordering the owner, occupant, operator or agent to correct the violation. This compliance order shall be in writing, describe the location and nature of the violations of this chapter and establish a reasonable timeframe for the correction of the violation and notify of appeal recourse. Be served upon the owner and occupant. The notice shall be deemed to be properly served upon the owner and occupant, if a copy of the order is:
      (1)   Served personally;
      (2)   Sent by registered mail to last known address; or
      (3)   Upon failure to place notice through subsections (1) and (2), posted at a conspicuous place in or about the dwelling that is affected by the order.
   (B)   Right of appeal. When it is alleged by any person to whom a compliance order is directed that the compliance order is based upon an erroneous interpretation of this chapter, the person may appeal the compliance order to the City Council within 30 days of the receipt of a compliance order.
   (C)   Reinspection. The Building Inspector shall reinspect the property to determine if the owner has complied with the compliance order. If compliance has not been completed upon reinspection, the owner or occupant shall be assessed a reinspection fee, in an amount determined by the City Council for that reinspection and each subsequent reinspection for compliance. Failure to pay the reinspection fee shall constitute a failure to comply with this chapter.
   (D)   Execution of compliance orders. Upon the failure to comply with a compliance order within the time set and no appeal having been taken, or upon failure to comply with a modified compliance order within the time set, any criminal penalty notwithstanding, the City Council may cause the cited deficiency to be remedied as set forth in the compliance order. If the cost of cleanup is not paid, the City Council may certify to the County Auditor-Treasurer by November 30 all unpaid, outstanding costs of cleanup, including staff costs of operating machinery and materials needed to complete a cleanup and a description of the lands against which the costs arose. It shall be the duty of the County Auditor-Treasurer, upon order of the City Council, to extent the assessments with interest not to exceed the interest rate provided for in M.S. § 279.03, Subdivision 1; or successor statutes, upon the tax roles of the county for the taxes of the year in which the assessment is filed. For each year ending November 30, the assessment with interest shall be carried into the tax becoming due and payable in January of the following year, and shall be enforced and collected of real and/or personal property taxes in accordance with the provisions of the laws of the state. The assessment, if not paid, shall become delinquent and be subject to the same penalties and the same rate of interest as the taxes under the general laws of the state. This action shall not preclude the City Council from seeking civil or criminal penalties from persons responsible.
(Ord. 08-04, passed 10-14-08)
§ 116.09 EMERGENCY ORDERS.
   Whenever the Building Inspector finds that an emergency exists which requires immediate action to protect the public’s health, it may, without notice or hearings, issue an order reciting the existence of an emergency and require that such action be taken as deemed necessary to meet the emergency. Notwithstanding the other provisions of this chapter, the order shall be effective immediately. Any person to whom an emergency order is directed shall comply therewith immediately.
(Ord. 08-04, passed 10-14-08)
§ 116.99 PENALTY.
   (A)   Any person, firm or corporation who violates any of the provisions of this chapter or who fails, neglects or refuses to comply with the provisions of this chapter, including violations of conditions, safeguards compliance orders or emergency orders, or who knowingly makes any material false statement or knowing omission in any document required to be submitted under the provisions hereof, shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not to exceed $1,000 or by imprisonment not to exceed 90 days, or both. Each day that a violation exists shall constitute a separate offense.
   (B)   In the event of a violation or threatened violation of this chapter, the Building Inspector may, in addition to other remedies, initiate appropriate civil action or proceedings to prevent, prosecute, restrain, correct or abate such violations or threatened violations. It shall be the duty of the City Attorney to commence such action.
(Ord. 08-04, passed 10-14-08)