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(A) Every dwelling unit other than a long-term hotel dwelling unit or a rooming house dwelling unit shall have a room or portion of a room in which food may be prepared and cooked, which shall have adequate circulation area, and which shall be equipped with the following:
(1) A kitchen sink in good working condition and properly connected to water supply system which is approved by the City of Wells and which provides at al times an adequate amount of heated and unheated running water under pressure, and which is connected to a sewer system approved by the City of Wells;
(2) Cabinets or shelves for the storage of eating, drinking, and cooking equipment and utensils and of food that does not in ordinary summer condition require refrigeration for safe keeping; and a counter or table for food preparation; the cabinet or shelves and counter or table shall be of sound construction furnished with surfaces that are easily cleanable and that will not impart any toxic or harmful effect to food; and
(3) A stove, or similar device, for cooking food, and a refrigerator, or similar device, for the safe storage of food at temperatures less than 45°F but more than 32°F under ordinary maximum summer conditions, which are properly installed with all necessary connection for safe, sanitary, and efficient operation; provided that the stove, refrigerator, or similar devices need not be installed when a dwelling unit is not occupied and when the occupant is expected to provide same on occupancy.
(B) Within every dwelling unit, other than a long-term hotel dwelling unit or rooming house dwelling unit, there shall be provided a water closet, lavatory sink, and bathing facilities, equipped as follows:
(1) A non-habitable room which affords privacy to a person within the room and which is equipped with a flush water closet in good working condition. The flush water closet shall be equipped with easily cleanable surfaces, be properly connected to a water system that at all times provides an adequate amount of running water under pressure to cause the water closet to be operated properly, and shall be properly connected to a sewer system which is approved by the City of Wells. The room shall have an operable window or mechanical ventilation sufficient to provide the equivalent of 5 air exchanges per hour;
(2) A lavatory sink. The lavatory sink may be in the same room as the flush water closet, or, if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which the water closet is located. The lavatory sink shall be in good working condition and properly connected to a water supply which is approved by the appropriate authority and which provides at all times and adequate amount of heated and unheated running water under pressure, and which is properly connected to a sewer system approved by the appropriate authority; and
(3) A room which affords privacy to a person within the room and which is equipped with a bathtub or shower in good working condition. The bathtub of shower may be in the same room as the flush water closet or in another room and shall be properly connected to a water supply system which is approved by the appropriate authority and which provides at all times an adequate amount of heated and unheated water under pressure, and which is connected to a sewer system approved by the appropriate authority.
(C) Every long-term hotel dwelling unit and rooming house dwelling unit shall have access to a water closet, lavatory sink, and bathing facilities equipped within the specifications of division (B) above. Each of these facilities may be available or used by no more than 2 long-term hotel or rooming house dwelling units.
(D) Every dwelling unit, long-term hotel dwelling unit, and rooming house dwelling unit shall have at least 2 means of egress leading to safe and open space at ground level, and which meet all requirements of Chapter 8 of the Uniform Housing Code. Every dwelling of a multiple dwelling shall have immediate access to 2 or more approved means of egress leading to safe and open space at ground level. Bedrooms located below the first floor shall be provided with an exterior door or window of the dimensions and construction as to be used as a means of emergency egress.
(E) Structurally sound hand rails shall be provided on any steps containing 3 or more risers. Porches, patios, or balconies located more than 30 inches higher than the adjacent area shall have structurally sound protective guardrails.
(F) Access to and from each dwelling unit, long-term hotel dwelling unit, and rooming house dwelling unit shall be provided without passing through any other dwelling unit, long-term hotel dwelling unit, or rooming house dwelling unit.
(G) No person shall let to another for occupancy any dwelling unit, long-term hotel dwelling unit, or rooming house dwelling unit unless all exterior doors and windows of the dwelling unit are equipped with appropriate, functioning locking devices.
(H) Every foundation, roof and exterior wall, door, skylight and window shall be reasonably weather-tight, water-tight and damp free, and shall be kept in sound condition and good repair. Floors, interior walls and ceilings shall be sound and in good repair. All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by paint which is not lead-based paint or other protective covering or treatment.
(I) Every window, exterior door, and hatchway or similar device shall be so constructed to exclude insects during that portion of the year when there is a need for protection against mosquitoes, flies, and other flying insects.
(J) Accessory structures present or provided by the owner, agent, or tenant occupant on the premises of a dwelling shall be structurally sound and be maintained in good repair and free of insects and rodents, or the structures shall be removed from the premises. The exterior of the accessory structures shall be made weather resistant through the use of decay-resistant materials or the use of lead-free paint or other preservative.
(K) Every plumbing fixture and all water and waste pipes shall be properly installed and maintained in good sanitary working condition. All waste system clean-out plugs must be easily accessible.
(L) Every water closet compartment, bathroom and kitchen floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit the floor to be easily kept in a clean and sanitary condition.
(M) Every plumbing fixture and pipe, every chimney, flue and smoke pipe, every mechanical and electrical fixture and component, and every other facility, piece of equipment, or utility which is present in a dwelling unit, long-term hotel dwelling unit, or rooming house dwelling unit which is required under this chapter, shall be constructed and installed in conformance with the appropriate statutes, ordinances, and regulations of the Uniform Housing Code, City of Wells, and the State of Minnesota.
(N) 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 from any occupied dwelling unit, long-term hotel dwelling unit, or rooming house dwelling unit; except for the temporary interruption as may be necessary while actual repairs or alterations are in process, or during temporary emergencies when discontinuance of service is approved by the appropriate authority.
(O) Every dwelling shall be equipped with smoke detectors as required by Minnesota State Building Code.
(Ord. 231, passed 9-8-1997) Penalty, see § 10.99
Permissible occupancy of a dwelling unit. The maximum permissible occupancy of any dwelling unit shall be deemed as follows:
(A) Minimum space. For the first 2 occupants, 220 square feet of habitable room floor space and for every additional occupant thereof, at least 100 square feet of habitable room floor space;
(B) Maximum occupancy. In no event shall the total number of occupants exceed 2 times the number of habitable rooms, less kitchen, in the dwelling unit; and
(C) Occupancy of sleeping rooms. In every dwelling unit of 2 or more rooms, every room occupied for sleeping purposes shall have the following minimum habitable room floor space: 70 square feet for 1 person; 90 square feet for 2 persons; and required habitable room floor space shall be increased at the rate of 50 square feet for each occupant in excess of 2.
(Ord. 231, passed 9-8-1997; Am. Ord. passed 8-22-2005) Penalty, see § 10.99
Each owner of a dwelling within the city that is rented or offered for rent for residential purposes shall maintain a register of occupancy for each dwelling unit, long-term hotel dwelling unit and rooming house dwelling unit, which register shall be available for examination by city officials, and shall include the following information:
(A) The address of each dwelling unit, long-term hotel dwelling unit, and rooming house dwelling unit;
(B) The number of bedrooms in each dwelling unit, long-term hotel dwelling unit, and rooming house dwelling unit;
(C) The names of the current occupants off each dwelling unit, long-term dwelling unit, and rooming house dwelling unit; and
(D) The telephone numbers of the current occupants of each dwelling unit, long-term hotel dwelling unit, and rooming house dwelling unit.
(Ord. 231, passed 9-8-1997) Penalty, see § 10.99
When the owner of a dwelling within the city, rented or offered for rent for residential purposes, does not reside within Faribault County, the owner shall, by a written document executed and acknowledged by the owner, appoint an agent residing within Faribault County, Minnesota, upon which agent the city may serve notices pertaining to the administration of this ordinance or of any provisions of the city code pertaining to the dwelling, which service shall be as effective as if made upon the owner.
(Ord. 231, passed 9-8-1997) Penalty, see § 10.99
Each license issued pursuant to this section may be transferred to another party, provided that any licensee shall give written notice of the transfer to the city at least 48 hours prior to the transfer of the licensed premises, which notice shall include the name and address of the transferee.
(Ord. 231, passed 9-8-1997)
(A) The license holder shall be responsible to cause persons occupying the dwelling to conduct themselves in a manner as to not cause the premises to be disorderly (conduct as would violate ordinance(s) of the city code or criminal statutes of the State of Minnesota), to be used in connection with the illegal sale or distribution of alcoholic beverages, or possession of contraband.
(B) The Wells Police Department shall be charged with the responsibility of enforcing division (A) above.
(C) Upon determination by the Wells Police Department that disorderly conduct has occurred on the licensed premises, the Housing Inspector shall notify the license holder and each individual tenant by regular mail of the violation and direct the license holder to take steps to prevent further violations.
(D) If another instance of disorderly conduct on the premises occurs within 12 months of an incident for which notice in division (C) above was given, the license holder and each individual tenant shall be notified by regular mail of the instance of disorderly use. The license holder shall also be required to respond in writing as to the steps taken to prevent further violations of this subdivision.
(E) If a third instance of disorderly conduct on the premises occurs within 12 months after receipt of notices as pursuant to divisions (C) and (D) above, the rental license may be revoked or suspended for the dwelling unit, long-term hotel dwelling unit, or rooming house dwelling unit. The suspension or revocation may be for all dwelling units, long-term hotel dwelling units, or rooming house dwelling units in a given building or complex of buildings. If the notice of violation has been with respect to a common area of a building or complex of buildings, then the license as to all dwelling units, long-term hotel dwelling units or rooming house dwelling units in the building or complex of buildings may be suspended or revoked. Upon suspension or revocation, a license holder shall pay to the city a reinstatement fee equal to $100 for the first dwelling unit, long-term hotel dwelling unit, or rooming house dwelling unit re-licensed, and $20 for each additional dwelling unit, long-term hotel dwelling unit or rooming house dwelling unit re-licensed. A suspension may be stayed subject to payment of the applicable reinstatement fees and no further violations of this section for a period of 1 year.
(F) No suspension or revocation shall be imposed where the instance of disorderly conduct on the premises occurred during the pendency of eviction proceedings (unlawful detainer) or within 30 days of notice given by the license holder to a tenant to vacate the premises where the eviction proceedings were undertaken or notice to vacate was given. Eviction proceedings shall not be a bar to sanctions, however, unless they are diligently pursued by the license holder.
(G) All written leases for licensed premises executed after 1-1-1998, shall contain a clause providing that conduct which would be violative or division (A) above shall constitute a material breach of the lease and grounds for termination of the lease.
(H) It shall be irrelevant to proceedings hereunder that the license holder or others were not criminally prosecuted or were acquitted of criminal charges for the incidents serving as the basis of the suspension or revocation.
(I) This chapter becomes effective 1-1-1998. All existing dwelling units, rooming house dwelling units, and long-term hotel dwelling units will be licensed prior to 6-1-1998.
(Ord. 231, passed 9-8-1997)
(J) (1) Failure to comply with any or all parts of this chapter will result in a yearly fine of $300 per unit of rental dwellings. If parties have not made application and paid the rental ordinance fee within 30 days of the implementation date of this chapter they will be fined $300 yearly until properties are brought into compliance.
(2) Upon passage of this amendment and proper publication, rental unit owners have until 10-1-1998 to make application to the City of Wells for their rental license. If application has not been made, owners will be fined $300 yearly until compliance is met.
(Am. Ord. passed 8-10-1998)