CITY OF FRIDLEY
ORDINANCE NO. ____
AN ORDINANCE AMENDING CHAPTER 220 OF THE FRIDLEY CITY CODE RELATED TO
THE RESIDENTIAL RENTAL PROPERTY MAINTENANCE AND LICENSING CODE
(Ref. No. 213, 222, 286, 673, 747, 1033, 1213, 1337)
THE CITY OF FRIDLEY DOES ORDAIN:
One. Amendment. Chapter 220 of the Fridley City Code is amended
as follows. The underlined text shows the proposed additions to the City
Code and the struck-out text shows the deleted wording:
220. RESIDENTIAL RENTAL PROPERTY MAINTENANCE AND
shall be referred to as the "Residential Rental Property Maintenance and
believes that providing for public health, safety, and welfare to its citizens
mandates the existence of a rental property licensing and maintenance program
which corrects substandard conditions and maintains a standard for rental
provided herein, this Chapter applies to all buildings which are rented in
whole or in part as a dwelling for persons other than the property owner. It
includes accessory-structures such as garages and storage buildings, and
appurtenances such as sidewalks and retaining walls, which are on the lot where
the rental property is located.
establishes licensing, inspection and maintenance requirements for rental
Ordinance shall be enforced in a non-discriminatory manner and exclusively for
the purposes of promoting public health, safety and welfare. The City neither
expressly nor by implication assumes any obligations or liabilities respecting
such private rights or disputes, including those which involve or arise out of
the non-conformity of any premises in the City to the provisions of this
Ordinance. Nothing in this Ordinance precludes a Licensee from entering into a
contract for the maintenance, repair, or management of a rental dwelling; in
such cases, however, Licensee will still be held responsible to ensure the
condition of the property conforms with this Chapter.
purpose of this Chapter, certain terms and words are defined. Words not
specifically defined in this Chapter shall have their ordinary meanings within
the context with which they are used. The referenced dictionary of the
governing Building Code shall be considered as providing ordinarily accepted
words "Dwellings", "Dwelling Unit", "Building",
"Structure", or "Premises" are used in this Chapter, they
shall be construed as though they were followed by the words, "or any part
words, terms, and phrases and their derivatives shall be construed as defined
in this section; words used in the singular include the plural and the
singular; words used in the masculine gender include the feminine and vice
1. Accessory Structure or Use.
building or use which is located on the same lot as principal building or use
and is necessary or incidental to the conduct of the principal building or use.
to construction, installation, and maintenance in accordance with all
applicable codes and state statutes.
of a building between floor and ceiling which is partly below grade, but so
located that the vertical distance from grade to floor below is more than the
vertical distance from grade to ceiling.
room within a dwelling unit which is used, or intended to be used, primarily
for the purpose of sleeping, but shall not include any kitchen or dining area.
having walls and a roof, built for the shelter or enclosure of persons,
animals, or property of any kind.
of rubbish, garbage, vermin, and other unsightly, offensive, or extraneous
7. Compliance Official.
designated authority charged with the administration and enforcement of this
code, or his/her duly authorized representative.
containing multiple dwellings in which portions are designated for separate
ownership and the remainder of which is designated for common ownership solely
by the owners of those portions. A building containing multiple dwellings is
not a condominium unless the undivided interests in the common elements are
vested in the unit owners.
A building or
one or more portions of a building occupied or intended to be occupied for
A building or
one or more portions of a building occupied or intended to be occupied for
residential purposes by two (2) or more families living independently of each
11. Dwelling, One-Family.
building designed exclusively for occupancy by one (1) family.
12. Dwelling, Two-Family.
building designed exclusively for occupancy by two (2) families living
independently of each other.
13. Dwelling Unit.
A single unit
providing complete independent living facilities for one (1) or more persons
including permanent provisions for living, sleeping, eating, cooking, and
14. Easily Cleanable.
accessible and of such material and finish, and so fabricated and placed that
residue which may accumulate can be completely removed by normal cleaning
Any and all
methods of transmitting electricity to and within any dwelling or dwelling
and unobstructed means of egress to a public way and shall include intervening
doors, doorways, corridors, ramps, stairways, smoke-proof enclosures,
horizontal exits, exit passageways, exit courts, and yards.
and elimination of insects, rodents, or other pests by eliminating their
harborage places; by removing or making inaccessible materials that may serve
as their food; by poisoning, spraying, fumigating, or trapping, or by any other
recognized or legal pest elimination methods approved.
An individual or
two or more persons related by blood, marriage, or adoption, including foster
children, in a linear relationship such as spouses, grandparents, parents,
children, grandchildren and siblings.
A group of not
more than five (5) persons not related by blood or marriage living together in a dwelling unit.
19. Floor Area, Gross.
The sum of
the gross horizontal area of the several floors of a structure or structures
measured from the exterior faces and exterior walls or from the center line of
common walls separating dwelling units. Basements devoted to storage and/or
off-street parking shall not be included.
physical condition as to safely perform the service or services for which an
item is designed or intended.
21. Governing Building Code.
applicable edition of the Minnesota State Building Code.
A room or,
enclosed floor space used or intended to be used for living, sleeping, cooking
or eating purposes; excluding bathrooms, water closet compartments, laundries,
furnace rooms, unfinished basements, pantries, utility rooms, foyers,
communicating corridors, stairways, closets, storage spaces, and attics.
23. Heated Water.
supplied to plumbing fixtures at a temperature of not less than 110 degrees Fahrenheit.
24. Heating, Ventilating and Air Conditioning Systems.
Any and all
units, equipment, material, and miscellaneous devices used in the process of
heating, ventilating, and air conditioning of any dwelling or dwelling unit.
within or around a dwelling or dwelling unit of any insect, rodent, vermin or
Building Code (I.B.C.).
the code published by the International Code Council, Inc., and any materials
room within a dwelling unit intended to be used for the cooking of food or the
preparation of meals.
Let, Operate, or Rent.
possession or occupancy of a dwelling or dwelling unit, whether or not
compensation is paid, by a person who is not the legal owner of record thereof,
pursuant to a written or unwritten lease.
The owner of
property licensed as a rental dwelling pursuant to this Chapter.
30. Living Room.
room within a dwelling unit which is intended to be used primarily for general
31. Lodging House.
or portion thereof containing not more than five (5) guest rooms where rent is
paid in money, goods, labor, or otherwise.
To keep in a
good state of repair; to preserve from deterioration.
or a combination of materials which complies with the current version of the
Minnesota State Building Code, including the most recent adopted version of the
International Building Code and International Residential Code incorporated
therein by reference.
34. Non-resident Owner.
An owner of a
rental dwelling who does not reside or live in the rental dwelling.
shall be any act as defined in Chapter 110 of the City Code.
for which a structure, or part thereof, is used or intended to be used.
residing in a dwelling or dwelling unit.
Operator, Manager, Caretaker, or Agent
who has charge, care or control of a structure, or part thereof, in which rental
dwelling units are let.
firm, corporation, agent or who alone, jointly or severally with others having a legal or equitable interest in the property
or recorded in the official state, county or city records has holding title to
the property or otherwise having control of the property. .
individual, corporation, firm, association, company, partnership, organization,
or any other legal entity.
41. Plumbing System.
All of the
following supplied facilities and equipment in a dwelling: gas pipes, gas
burning equipment, water pipes, steam pipes, garbage disposal units, waste
pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs,
shower baths, installed clothes washing machines, catch basins, vents, and any
other similar fixtures and the installation thereof, together with all
connections of water, sewer, or gas lines.
A platted lot
or portion thereof or an unplatted parcel of land and adjacent right-of-way
either occupied or unoccupied by a building and/or accessory structure.
All land and
structures and systems therein, platted lots or parts thereof or an unplatted
parcel of land.
44. Proper Connection to an Approved Sewer System.
sewer connection free from defects, leaks or obstructions with sufficient
capacity to drain all fixtures or appliances which feed into it. The sewer
system must be capable of disposing of sewage in a safe, sanitary, and adequate
45. Proper Connection to an Approved Water System.
plumbing connection free from defects, leaks or obstructions providing a potable,
controllable flow of water.
46. Public Areas.
which are normally used by or open to the general public, regardless of access
restriction by a locked exterior door.
47. Reasonable Care.
of all facilities, fixtures, equipment, and structural elements such that
depreciation of these objects and materials is due to their age and normal wear
rather than due to neglect.
Any solid or
liquid waste products or those having the character of solids rather than
liquids in that they will not flow readily without additional liquid and which
are composed wholly or partly of such materials as garbage, swill, sweepings,
cleanings, trash, rubbish, litter, industrial solid wastes or domestic solid
wastes, organic wastes or residue of animals sold as meat, fruit or other
vegetable or animal matter from kitchens, dining rooms, markets, or food
establishments of any places dealing in or handling meat, fowl, grain or
vegetables; offal, animal excrete or the carcass of animals; tree or shrub
trimmings; grass clippings, brick, plaster or other waste matter resulting from
the demolition, alteration or construction of buildings or structures;
accumulated waste materials, cans, containers, tires, junk; or other such
substance which may become a nuisance.
49. Rental Dwelling or Rental Dwelling Unit.
A dwelling or
dwelling unit and accessory structure (if any) let for rent or lease. The term
rental dwelling shall include all dwelling units located within the rental
To restore to
a sound and acceptable state of operation, serviceability or appearance in the
determination of the City.
51. Retaining Wall.
A wall or
structure constructed of stone, concrete, wood, or other materials used to
retain soil, as a slope transition, or edge of a planting area.
52. Rodent Harborage.
where rodents live, nest or seek shelter.
where a structure or any part thereof is protected from rodent infestation by
eliminating ingress and egress openings such as cracks in walls and holes in
screens. For the purpose of this ordinance, the term "rodent-proof"
shall be construed as though it included "insect-proof" and
of being free from danger and hazards which may cause accidents or disease.
of a building included between the upper surface of any floor and the upper
surface of the next floor above it; if there is no floor above it, the space
between the floor and the ceiling above it. A basement is a story for the
purposes of height regulations if one-half (1/2) or more of the basement height
is above the level of the adjoining ground.
constructed or erected which requires location on or under the ground or attached
to something having location on or under the ground.
As applied to
a structure, a condition or combination of conditions which are dangerous or
hazardous to persons or property.
which are dangerous or hazardous to the health of persons.
for which land, a building, or structure is or is to be used or occupied, and
shall include the performance of such activity as defined by the performance
standards of this Chapter.
60. Water Closet.
with a bowl and trap made in one piece, which is connected to the City water
and sewer system or other approved water supply and sewer system.
lawn, court, walk, driveway, or other open space constituting part of the same
premises and on the same lot with a main building.
The owner of
a dwelling or dwelling unit shall be responsible for the maintenance of that
structure and for meeting the provisions of this Chapter. Those
responsibilities may not be abrogated by a private agreement.
operator, or occupant of any dwelling unit shall allow the accumulation or
formation of dirt, filth, refuse, or rodent harborages on the premises which they
occupy or control in a manner that could create a health hazard to the dwelling
occupants or the general public.
owner, operator, or occupant of any dwelling unit shall allow the formation or
presence of any nuisances in or about the premises he/she occupies or controls.
licensed premises: Every owner, operator, or occupant of any dwelling unit
shall conform to the provisions of Section 220.14 of this Chapter.
operator, or occupant shall cause any service, utility, facility, or equipment
which is required under this Chapter, to be removed from or shut off from any
occupied dwelling or dwelling unit except for such temporary interruptions as
may be necessary while actual repairs or alterations are in process or during
1. Minimum Exterior Standards
A. Foundations, exterior walls, and roofs: The
foundation, exterior walls, and exterior roof shall be water tight, rodent
proof, and shall be kept in sound condition and repair. Every window, exterior
door, and hatchway shall be substantially tight and shall be kept in sound
condition and repair. The foundation shall adequately support the building at
all points. Exterior walls shall be maintained and kept free from dilapidation
by cracks, tears, or breaks or from deteriorated plaster, stucco, brick, wood,
or other material that is extensive and gives evidence of long neglect. The
protective surface on exterior walls of a building above ground level shall be
maintained in good repair so as to provide a sufficient covering and protection
of the structural surface underneath against its deterioration. Without
limiting the generality of this section, a protective surface of a building
shall be deemed to be out of repair if:
(1) The protective surface is paint which is blistered to
an extent of more than twenty-five percent (25%) of the area of any plane or
wall or other area including window trim, cornice members, porch railings, and
other such areas;
(2) More than ten percent (10%) of the pointing of any
chimney or twenty-five percent (25%) of the pointing of any brick or stone wall
is loose or has fallen out.
(3) More than twenty-five percent (25%) of the finish coat
of a stucco wall is worn through or chipped away.
Any exterior surface or plane required to be repaired under the
provisions of this section
shall be repaired in its entirety. If a weather resistant surface such as
brick, plaster, or metal is covered with paint that is more than twenty-five
percent (25%) blistered, it shall
unless the defective paint covering is removed in its entirety.
structures supplied by the owner, operator, or occupant on the premises of a
dwelling shall be structurally sound and be maintained in good repair and
appearance. Exterior walls, foundations, roofs, and exits of an accessory structure
shall be maintained in accordance with the standards set forth for principal
C. Fence Maintenance
be maintained in good condition both in appearance and in structure. Wood
material, other than decay resistant varieties, shall be protected against
decay by use of paint or other preservatives. If twenty-five percent (25%) or
more of the painted surface of a fence is determined by the Compliance Official
to be paint blistered, the surface shall be properly scraped and repainted.
walls shall be kept in good condition, repair, and appearance. A retaining wall
shall be deemed out of repair when it has substantially shifted or slumped out
of its original design position.
areas surrounding (or within) a principal or accessory use, including street
boulevards which are not devoted to parking, drives, sidewalks, patios, or
other such uses, shall be landscaped with grass, shrubs, trees, or other
ornamental landscape material and shall be maintained to prevent erosion from
wind and/or water runoff. Such landscaping shall be maintained in good
condition and free of noxious weeds. Grass and weeds may not exceed ten (10)
inches in height at any time.
gutters, leaders, and downspouts shall be maintained in good working condition
as to provide proper drainage of storm water. In no case shall storm water be
channeled into the sanitary sewer system. Neither shall storm water, ice, or
snow be directed into, or channeled across walkways or streets where it is
likely to be a hazard to life or health.
family dwellings, all exterior parking areas shall be provided with an average,
maintained, horizontal illumination of six-tenths (0.6) foot candles. Parking
lot illumination shall not be directed onto a public street or adjoining
Snow and Ice
The owner of
a dwelling containing two (2) or more dwelling units shall be responsible for
cleaning and maintaining all walks, drives, and parking areas, and keeping
steps free of any ice or any snow accumulations of two or more inches within 24
hours of the storm's completion.
The owner of
a multiple family dwelling or dwellings shall be responsible for providing and
maintaining in good condition paved and delineated parking areas and driveways
for occupants consistent with the City Code.
J. Facilities for Storage and Disposal of Refuse
of a residential property shall be responsible for providing and maintaining
facilities for the storage and disposal of refuse and for arranging for the
collection of this material as required by the City Code.
court, or passageway on the premises on which a dwelling stands must be
maintained in a way to prevent the excessive accumulation of standing water
which constitutes a detriment to the health and safety of the occupants or the
2. Minimum Plumbing Standards
systems in every dwelling unit and in all shared or public areas shall be
properly installed and maintained in a sanitary, safe, and functioning
condition, and shall be properly connected to an approved sanitary system.
A. Every fixture, facility, or piece of equipment
requiring a sewer connection shall have a functioning connection, free from
defects, leaks, or obstructions, and shall possess sufficient capacity to drain
all other fixtures, facilities, or pieces of equipment which feed into it. The
sewer system must be capable of conveying all sewage into the municipal
sanitary sewer system.
B. Every fixture, facility, or piece of equipment requiring a water
connection shall have a functioning connection, free from defects, leaks, or
obstructions. Each water connection shall possess sufficient capacity to
adequately supply all fixtures, facilities, or pieces of equipment to which
connected with an uncontaminated, controllable flow of water.
Electrical Standards: Every dwelling unit and all public and private areas shall be supplied with electric service, functioning
and safe circuit breakers or fuses, electric outlets, and electric fixtures
which are properly installed and maintained in a safe working condition. The
minimum capacity of such electric service and the minimum number of electric
outlets and fixtures shall be as follows:
A. Dwellings containing one or two dwelling units shall
have at least the equivalent of sixty
electric service per dwelling unit;
B. Dwelling units shall have at least one fifteen (15)
ampere branch electric circuit for each six hundred (600) square feet of
dwelling unit floor area;
C. Every habitable room shall have at least one floor or
wall-type electric convenience outlet for each sixty (60) square feet or
fraction thereof of total floor area, and in no case less than two such
electric outlets. Temporary wiring, extension cords, or drop cords shall not be
used as permanent wiring. In cases where more than two outlets are required,
one ceiling or wall-type light fixture may be substituted for one required
outlet. Required outlets shall, insofar as possible, be spaced equal distances
D. Every water closet compartment, bathroom, kitchen,
laundry room, and furnace room shall contain at least one supplied ceiling or
wall-type electric light fixture and every bathroom and laundry room shall
contain at least one electric convenience outlet;
E. Every public hall and stairway in every multiple
family dwelling shall be adequately lighted by natural or electric light at all
times, so as to provide illumination having an intensity of not less than one
foot candle at floor level to all parts thereof. The lights in the public hall
and stairway of dwellings containing not more than two dwelling units may be
controlled by conveniently located switches instead of full-time lighting;
F. A convenient switch for turning on a light in each
dwelling unit shall be located near the principal point of entrance to such
unit. A patio door entrance may be exempt if it is not a principal entrance.
G. If provided, exterior electrical outlets shall be
weather proofed. No electrical drop cords, extension cords, or electrical wires
shall extend across a walkway or driveway, or otherwise create a hazard to
pedestrians or vehicles.
4. Minimum Heating Standards
shall have primary heating facilities which are properly installed and
maintained in safe, efficient working condition and which are capable of
maintaining a minimum indoor temperature of not less than 68 degrees F at a
point 3 feet above the floor in all habitable rooms, bathrooms and water closet
compartments in every dwelling unit location therein, during the period from
October 15 through April 15, consistent with the Minnesota Cold Weather Rule.
Gas or electric
appliances designed specifically for cooking or water heating purposes, and
portable heating equipment, shall not be considered primary heating facilities for
the purposes of this Section.
No owner or
occupant shall install, operate, or use a heater employing a flame that is not
installed and maintained in accordance with the manufacturer’s specifications
and applicable City and State Codes.
occupant lacks direct control over the primary heating facility to his/her
dwelling unit, it shall be the responsibility of the owner to maintain minimum
heating standards as set forth above.
5. Water Heating Standards: Every dwelling unit shall
have supplied water heating facilities which are installed in an approved
manner, properly maintained, and which are capable of heating water to such a
temperature as to permit an adequate amount of water to be drawn at every
required kitchen sink, lavatory basin, bathtub, shower, and laundry facilities,
or other similar units at a temperature of not less than one hundred ten
degrees (110) Fahrenheit, forty-six degrees (46) Celsius, at any time needed.
Water temperatures shall comply with but not exceed the standards stipulated in
the most recently adopted Minnesota Energy Code.
6. Minimum Natural Light and Ventilation Standards: Every
habitable room shall have window area of no less than eight percent (8%) of the
floor area and at least one window facing directly outdoors which can be opened
easily. At minimum, the total openable window area of every habitable room
shall be four percent (4%) of the floor area of the room, and in no case less
than four (4) square feet. In lieu of natural ventilation, a mechanical
ventilating system may be provided which is capable of providing two air
changes per hour, with twenty percent (20%) of the air supply taken from the
outside. Every bathroom and water closet compartment shall have at least fifty
percent (50%) of the openable window requirement otherwise appropriate for the
floor area, except that no windows shall be required if such rooms are equipped
with an exhaust fan connected directly to the outside, capable of providing
five (5) air changes per hour. For the purpose of determining light and
ventilation requirements, any room may be considered as a portion of an
adjoining room when one-half of the area of the common wall is open and
unobstructed and provides an opening of not less than one-tenth of the floor
area of the interior room or twenty-five (25) square feet, whichever is
greater. Windows shall not be required in
dwelling units when such kitchen has an opening of at least twenty (20) square
feet into an adjoining habitable room and when such kitchen is provided with an
approved mechanical ventilation system. In addition, the window area of the
adjoining habitable room referred to above shall be of sufficient size so as to
provide for the light and ventilation requirements of the kitchen area as well
as for said adjoining habitable room.
7. Minimum Structural Standards
Walls, and Ceilings: Every floor, interior wall, and ceiling shall be
adequately protected against the passage and harborage of vermin, rodents, and
insects. Every floor shall be free of loose, warped, protruding, or rotted
flooring materials and all floor covering shall be maintained in good
condition. Every interior wall and ceiling shall be free of holes and large
cracks, loose plaster, and blistered paint and shall be maintained in good
condition. Lead based paints classified toxic to children shall not be used on
wall or molding surfaces. Every toilet room, bathroom, and kitchen floor
surface shall be easily cleanable and maintained in good condition.
Porches, and Balconies: Every stairway, inside or outside of a dwelling, and
every porch or balcony, shall be kept in safe condition and sound repair. Every
flight of stairs and every porch and balcony floor shall be free of structural
deterioration. Every stairwell and every flight of stairs which is more than
three risers high shall have at least one handrail approximately thirty to
thirty-eight (30-38) inches high, measured vertically from the nose of the
stair tread to the top of the handrail. All unenclosed floor and roof openings,
open and glazed sides of landings and ramps, balconies or porches which are
more than thirty (30) inches above grade or floor below, and roofs used for
other than service of the building shall be protected by a guardrail;
guardrails shall be not less than thirty-six (36) inches in height. Open
guardrails and open stair railings on unenclosed stairways shall have intermediate
rails such that a sphere four (4) inches in diameter cannot pass through. Every
handrail and balustrade shall be firmly fastened and maintained in good
condition. A flight of stairs which has settled out of its intended position,
or pulled away from the supporting or adjacent structures enough to cause a
hazard, must be repaired. No flight of stairs shall have rotting, loose or
deteriorating supports. Excepting spiral and winding stairways, the treads and
risers of every flight of stairs shall be uniform in width and height.
Stairways shall be capable of supporting loads that normal use may cause to be
placed thereon. The minimum dimensions that will be accepted for existing
stairways are as follows: rise not to exceed eight (8) inches in height, run of
treads to be not less than nine (9) inches in depth.
and Screens: Every window, exterior door, and hatchway shall be substantially
tight and shall be kept in sound condition and repair. Every window other than
a fixed window or storm window, shall be capable of being easily opened. Every
window or other device with openings to outdoor space which is used or intended
to be used for ventilation shall be supplied with sixteen (16)-mesh screens.
All windows on basement and first floor levels shall have proper locking
devices to prevent opening from the outside. All doors and door and window
frames shall be free of blistered paint and shall be maintained in good
condition. All door and window hardware and locks shall be functional and be
maintained in good condition.
D. Safe Building Elements: Every roof, floor, every porch
and balcony, stairway, and every appurtenance thereto, shall be safe to use and
capable of supporting loads that normal use may cause to be placed thereon.
E. Access to Dwellings: Access to and egress from each
dwelling shall be provided by at least one doorway that is a minimum of
thirty-six (36) inches wide and eighty (80) inches high and otherwise complies
with the fire exit provisions of the City's Fire Code.
Height: The ceiling height of any habitable room shall be at least seven (7)
feet; except that in any habitable room under a sloping ceiling, at least
one-half of the floor area shall have a ceiling height of at least seven (7)
feet, and the floor area of that part of such a room where the ceiling height
is less than five (5) feet shall not be considered as part of the floor area in
computing the total floor area of the room for the purpose of determining the
maximum permissible occupancy.
Grade: A room located partly or wholly below grade may be used as a habitable
room of a dwelling unit provided all of the requirements of this Ordinance are
met. If a room below grade is used for sleeping purposes, an emergency escape
or egress must be provided. Acceptable means of egress include:
(1) Escape or rescue window with a minimum net clear
openable area of 5.7 square feet. The minimum net clear openable height
dimension shall be 24 inches. The minimum net clear openable width dimension
shall be 20 inches. The finished sill height shall not exceed 44 inches above
(2) Exterior-type door or hatch meeting the same minimum
requirements as specified in
H. Door Locks and Security: All doors leading to public
or shared areas from all dwelling units shall be provided with a single
cylinder deadbolt lock, which must be openable from the interior without the
use of a key or tool. Deadbolt, night
latch or chain locks must be mounted at a height not to exceed 48” from the
finished floor and minimum of 34” from the finished floor. The deadbolt must be capable of being locked
from the exterior of the unit. Manually
operated flush bolts or surface bolts are not permitted.
8. Minimum Interior Standards
Facilities: Every kitchen in every dwelling unit shall include the following:
(1) A kitchen sink in good working condition and properly
connected to an approved water supply system. It shall provide at all times an
adequate amount of heated and unheated running water under pressure and be
connected to an approved sewer system.
(2) Cabinets and/or shelves for the storage of eating,
drinking, and cooking equipment and utensils, and of food that does not require
refrigeration for safekeeping; and a counter or table for food preparation.
Said cabinets and/or shelves and counter or table shall be, adequate for the
permissible occupancy of the dwelling unit and shall be of sound construction
furnished with surfaces that are easily cleanable and that will not impart any
toxic or deleterious effect to food.
(3) A stove and a refrigerator which are properly
installed with all necessary connections for safe, sanitary, and efficient
operation. Provided that such 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, in which case sufficient space and
adequate connections for the installation and operation of said stove,
refrigerator, or similar devices must be provided.
Facilities: Within every dwelling unit, there shall be a nonhabitable room with
an entrance door which affords privacy to a person within said room and which
room is equipped with a flush water closet in good working condition. Said
flush water closet shall be equipped with easily cleanable surfaces, shall be
connected to an approved 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 connected to an approved sewer system.
C. Lavatory Sink: Within every dwelling unit, there shall
be a lavatory sink. Said 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 said
water closet is located. The lavatory sink shall be in good working condition
and shall be properly connected to an approved water system and shall provide
at all times an adequate amount of heated and unheated running water under
pressure, and shall be connected to an
approved sewer system.
Shower: Within every dwelling unit, there shall be a nonhabitable room which
affords privacy to a person within said room and which is equipped with a
bathtub or shower in good working condition. Said bathtub or shower may be in
the same room as the flush water closet, or in another room, and shall be
properly connected to an approved water supply system and shall provide at all
times an adequate amount of heated and unheated water under pressure, and shall
be connected to an approved sewer system.
and water closet compartment shall have at least fifty percent (50%) of the
openable window requirement otherwise appropriate for the floor area, except
that no windows shall be required if such rooms are equipped with an exhaust
fan connected directly to the outside, capable of providing five (5) air
changes per hour.
9. Minimum Standards for Pest Extermination
All openings in
the exterior walls, foundations, basements, ground or first floors, and roofs
shall be rodent-proofed in a manner approved by the Compliance Official.
B. All windows used or intended to be used for
ventilation, all other openings, and all exterior doorways which might provide
an entry for rodents and insects, shall be supplied with adequate screens or
such other devices as will effectively prevent the entrance of rodents and
insects into the structure.
C. All sewers, pipes, drains, or conduits and openings
around such pipes and conduits shall be constructed to prevent the ingress or
egress of rodents and insects to or from a building.
of basements, cellars, and other areas in contact with the soil shall be
rodent-proofed in a manner approved by the Compliance Official.
The owner or
operator of a dwelling unit shall be responsible for the extermination of
rodents, insects, or other vermin on the premises. Anyone who controls pests in
a structure must have a pest control license.
Anyone who uses a restricted use pesticide must have a pesticide license
to apply pesticides, in accordance with the requirements of the Department of
Agriculture. If proper heat treatments
are being used to eradicate bed bugs and the heat treatment is performed by the
owner of the property and they are not using pesticides and are not charging
the renter for the treatment, no license is required by the Department of
10. Minimum Energy Standards
Requirements: All dwellings which are renter-occupied during all or a portion
of the months of November through April shall comply with the following
weatherstripping between exterior operable window sash and frames and between
exterior doors and frames. Weatherstripping is not required on storm doors or
Caulk, gasket, or
otherwise seal accessible exterior joints between foundation and rim joist;
around window and door frames; between wall and roof; between wall panels; at
penetrations for utility services through walls, floors and roofs, and all
other openings in the exterior envelope.
C. Install storm windows on all single glazed exterior
window units enclosing conditioned space.
doors on all exterior door openings into conditioned spaces unless a single
door, enclosed porch, vestibule, or other appurtenance provides a double door
effect or provides an "R" value of two (2) or more.
shut-offs for all fireplaces or fireplace stoves, unless an existing damper
provides a positive shut-off.
insulation in accessible attics to achieve a minimum total "R" value
of the insulation of R-19. If there is insufficient space for the installation
of the recommended "R" value, then the available space shall be
insulated to capacity.
G. Install insulation in accessible walls and floors
enclosing conditioned spaces to achieve a minimum total "R" value of
the insulation of R-11 when there is no insulation in a substantial portion of
the exterior walls or floors over an unconditioned space. Accessible walls
shall not include above grade foundation walls of basements. If there is
insufficient space for the installation of the recommended "R "
value, then the available space shall be insulated to capacity.
11. Occupancy Standards
any private agreements between the landlord and occupant providing for more
restrictive occupancy standards, the maximum occupancy standards shall be:
No more than one
family shall occupy a dwelling unit; and
B. The maximum number of occupants in any rental dwelling
unit shall not exceed the total of two times the number of bedrooms and the
are considered immediate hazards to the health, safety, and general welfare of
the occupants of a dwelling unit.
1. Heating systems that are unsafe due to: burned out or
rusted out heat exchangers (fire box); burned out, rusted out, or plugged
flues; not being properly vented; being connected with unsafe gas piping; or
failing to meet the minimum heating standards set forth in Section 220.10.04.
2. Water heaters that are unsafe due to: burned out or
rusted out beat exchangers (fire box); burned out, rusted out or plugged flues;
not being properly vented; being connected with unsafe gas piping; or lack of a
properly installed and maintained temperature and pressure relief valve.
3. 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; or ungrounded systems or appliances.
4. Plumbing systems that are unsanitary due to: sewer
backups; leaking waste system fixtures and traps; lack of water closet; lack of
washing and bathing facilities; or cross connections of potable water supply
and sewer lines.
5. Structural systems, walls, windows, chimneys,
ceilings, roofs, foundations and floor systems that will not safely carry
imposed loads or provide safe living conditions.
6. Refuse, garbage, human waste, decaying vermin, or
other dead animals, or other materials rendering it unsanitary for human
7. Infestation of rodents, insects,
vermin, and/or other pests.
8. Missing or non-functioning smoke
detectors and carbon monoxide detectors.
9. Using a room or rooms with no proper
egress for sleeping.
10. A dwelling unit that is not serviced
with functioning utilities.
1. Fire Exits.
shall have required fire exits, maintained in fully operable condition, and
readily accessible to occupant, as per the governing Building Code.
stairways in multiple unit dwellings or condominiums having more than two (2)
occupied levels shall be separated from each other by a substantial separation
of at least a one hour fire resistance rating as detailed in the most recent
edition of the I.B.C., or other approved one hours assembly.
C. All multiple unit dwellings or condominiums having
more than two (2) levels and where the
lowest level is at an elevation less than grade and having the exit at grade
level shall provide a substantial barrier constructed and placed so as to
prevent a person from proceeding down the stairs to a level lower than the
level of exit.[BMN1]
All multiple unit
dwellings or condominiums with 25 or more dwelling units shall provide
emergency lighting in the exit ways, corridors, And systems in accordance with
Chapter 5-1021 of the N.F.P.A. Std. 101.
2. Automatic Alarms.
dwellings and condominiums having an excess of four (4) dwelling units shall
provide a manually operated fire alarm system capable of alerting all the
occupants of the structure. Each such alarm system shall be activated by a
manual pull station located at each exit door and by an automatic device
located in the utilities and/or room in which the primary heating system is
located. Such device shall be a smoke detector, detecting products of
combustion other than heat, and bearing the approval of the Underwriters
Laboratories or Factory Mutual Testing Service for such service, or the
International Conference of Building Officials.
B. Every dwelling unit within a dwelling or condominium
shall be provided with a smoke detector, detecting products of combustion other
than heat, and conforming to the requirements of the Underwriters, Laboratories
or approved by the International Conference of Building Officials. When
actuated, the detector shall provide an alarm in the dwelling unit.
3. Fire Protection System.
All fixed and
portable fire protection systems and appliances must be accessible and
maintained for immediate emergency use.
Inside Connection of External Appliances.
It shall be
unlawful for an owner of a rental dwelling to allow electrical drop cords,
extension cords or any electrical wire to run from any electrical outlet from
inside the dwelling or dwelling unit for service to an electrical appliance
outside of the dwelling or dwelling unit.
1. License Requirement.
Except as otherwise provided
herein, no person shall operate, let, or cause to be let, a rental dwelling or
rental dwelling unit without first having obtained a rental license from the
City of Fridley. Upon receipt of a properly executed initial application for a
rental license, the Compliance Official and/or his/her designated agent shall cause
an inspection to be made of the premises to determine whether the structure is
in compliance with this chapter, other Fridley ordinances, and the laws and
rules of the State of Minnesota. Each rental license shall be issued annually
and shall expire twelve months from the date of issuance. Renewal applications
shall be filed at least thirty (30) days prior to the license expiration date.
Every rental dwelling including all rental units may be inspected after a
renewal license application is filed to determine if the premises still
conforms to all applicable ordinances and codes.
No rental license
shall be issued or renewed unless the rental dwelling conforms to the
provisions of this Chapter, the ordinances of the City, and the laws, rules and
regulations of the State of Minnesota.
The annual license fee for a rental license shall be
as provided in Chapter 11 of the City Code.
A. Any rental inspection which requires three or more
inspections or attempts for an inspection will be assessed an additional
inspection fee. This fee will be charged starting on the third inspection and
will include attempts to inspect and for each subsequent inspection or attempt.
The reinspection fee shall be as provided in Chapter 11 of the City Code for
each reinspection needed after the initial inspection and the second
inspection. No license shall be issued or renewed until all outstanding fees and
fines in section 220.15, Subd. 3 have been paid, other than those which may be
assessed against the Property. If a rental dwelling has been licensed, the
license may be denied at the time of renewal or may be revoked or suspended in
the manner described in Section 220.13.07. (Ref Ord 1337)
B. In order to restore a license for a rental dwelling or
individual dwelling unit which has had its license denied at the time of renewal
or revoked or suspended, the license application shall be accompanied by the
license fee as provided in Chapter 11 of the City code. (Ref Ord 1213)
C. A fee as provided in Chapter 11 of the City Code shall
be paid when filing the license Transfer Form as required in Section 220.13.06.
(Ref Ord 1213)
D. Failure to obtain a rental license prior to letting or
operating a rental dwelling or allowing a rental license to expire will result
in a twenty five percent (25%) addition to the rental license fee. Continued
noncompliance with the licensing requirements may result in a criminal
4. Application Requirements and Process.
Requirements. License applications shall
be made by the owner of record of the property. Application forms may be
acquired from and subsequently filed with the Compliance Official within the
Community Development Rental Licensing/Inspection Division. The applicant shall
supply the following information as well as all other information requested on
the Rental License application:
Name, address, telephone
number and email address of the property owner if an individual and if an
entity, the same information for at least one officer, manager, or director of
the entity. The City must be notified in writing within ten (10) days of any
change of address or other requested information for the owner.
(2) Name, address, telephone number, and email address of a
designated agent or operator. The City must be notified in writing within ten
(10) days of any change of address or other requested information for the
designated agent or operator.
(3) Name, address, and telephone number of vendee if
dwelling is being purchased through a contract for deed or mortgage (name of
lender or financial institution holding mortgage). Contract for deed
documentation and/or proof of filing in Anoka County must be provided with the
(4) Legal address of the property where the rental
dwelling is located.
(5) Number of units in each rental dwelling and the type
of units (one (1) bedroom, two (2) bedroom, etc.) within each of the rental
(6) The number of paved off-street parking spaces
available (e.g. enclosed parking spaces, exterior parking spaces, and handicap
(7) Description of procedure through which tenant inquires
and complaints are to be processed.
(8) Each owner of a rental dwelling within the city, when the
owner does not reside within the eleven-county metro area compromising of
Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne,
Washington and Wright counties, must appoint a designated agent residing within
the eleven-county area. The designated
agent must be listed on the application and empowered by the property owner to
perform maintenance and upkeep and empowered to institute emergency repairs for
the rental dwelling. The Compliance
Official shall be notified in writing within ten (10) business days of any
change in the designated agent.
B. Inspection Required. Licensed rental dwellings are at all times
subject to the Compliance Official’s right to inspect the rental dwelling and
dwelling units to determine whether they are in compliance with the City Code
and State law. The Inspection Department
shall set up a schedule of periodic inspections to ensure City-wide compliance
with this Chapter. The Compliance
Official shall provide reasonable notice to the owner or operator as to the
date and time of the inspection. Every occupant
of a dwelling unit shall give the owner or operator thereof, or his/her agent
or employee, access to any part of such dwelling unit, or its premises, at
reasonable times for the purpose of effecting inspection, maintenance, repairs,
or alterations as are necessary to comply with the provisions of this Ordinance. If any owner, operator, occupant, or other
person in charge of a dwelling or dwelling unit fails or refuses to permit free
access and entry to the structure or premises under his/her control for an
inspection pursuant to this Chapter, the Compliance Official may seek a court
order authorizing such inspection. The
submission of a Rental License Application or the possession of a Rental
License issued by the City shall constitute agreement to such inspections by
the Owner identified on the rental license.
Licensees shall cause a copy of
the Rental License for the rental dwelling to be conspicuously posted in a
frame with transparent protective covering in the main entry way of the rental dwelling
or other conspicuous location therein.
Rental licenses may be
transferred upon completion of a License Transfer Application, payment of the
License Transfer fee, and written approval by the Compliance Official.
Suspension, Revocation, or Conversion to Provisional License.
The City Council may revoke, suspend, convert to a
provisional license, deny, or decline to renew any Rental License applied for
or issued under this Chapter as detailed here.
A. Notification. The Compliance Officer shall send
written notice to the licensee of the date and time of a hearing before the
City Council regarding any license application or any potential revocation, suspension, or conversion to a provisional
license. Such notice shall be sent to
the Owner’s and/or Agent’s address on file with the City and shall be sent not
less than twenty (20) days from the date of any license-related hearing.
violation of any of the terms and conditions of a rental license, the City
Council may hold a license hearing for consideration of the suspension,
revocation, or conversion to a provisional license. At any such hearing, the
licensee shall be provided with due process, including:
(1) Allowing interested parties the right of legal
representation, the right to present evidence, witnesses, and to cross-examine
all adverse witnesses, and
Making a complete
record of all proceedings, including findings of fact and conclusions of law.
C. Suspension, Revocation, or Conversion to Provisional
License. Every Rental License issued under the provisions of this Chapter is
subject to suspension, revocation, or conversion to a provisional license for
the entire rental dwelling or for individual rental dwelling units, by the City
Council, should the licensee fail to operate or maintain the licensed rental
dwelling and dwelling units therein in compliance with the provisions of this
Chapter, all applicable ordinances of the City, and the laws and regulations of
the State of Minnesota.
D. A Rental License may also be
suspended, denied, converted to a provisional license, not renewed, or revoked
for any of the following reasons:
The license was
procured by misrepresentation of material facts, by fraud, by deceit, or by bad
(2) The applicant or one acting on his/her behalf made
oral or written misstatements or misrepresentations of material facts in or
accompanying the application.
The licensee or
applicant has failed to comply with any condition set forth in any other
permits granted by the City of Fridley.
The activities of
the licensee in the licensed activity create or have created a serious danger
to the public health, safety, or welfare.
Dwelling, the building of which such dwelling is a part, or any portion
thereof, contains conditions that might injury or endanger the safety, health
or welfare of any member of the public.
continuously comply with any condition required of the applicant for the
approval or maintenance of the Rental License.
include the crime free/drug free lease addendum in all leases as required by
A violation of
any other term and condition of the Rental License or of this Chapter.
E. Effect of Suspension or Revocation. In the event that a Rental License
is suspended or revoked by the City Council for any violation under the
provisions of Chapter 220, it shall be unlawful for the owner or his/her duly
authorized agent to thereafter permit any new occupancies of vacant, or
thereafter vacated rental units, until such time as a valid operating license
is restored to the affected units. Issuance of a new license after suspension
or revocation shall be made in the manner provided for obtaining an initial
F. Terms of Provisional
License. At the time of approval of the
provisional license, the City Council shall approve a mitigation plan to
address and prevent future license violations.
The mitigation plan may include adding security measures, improving the
exterior of the property, reducing or changing the hours of operation, holding
neighborhood meetings, or other steps the Council deems appropriate.
8. Posted to Prevent Occupancy.
dwelling or individual dwelling unit has been denied a license, has had its license
suspended or revoked pursuant to Section 220.13, or is unfit for human
habitation, it shall be posted with a placard by the Compliance Official to
prevent further occupancy. No person, other than the Compliance Official or
his/her representative, shall remove or tamper with any placard used for
posting. The Compliance Official will post on the placard the date that the
vacancy shall become effective. On or after the placard vacancy date, no person
shall reside in, occupy, or cause to be occupied any dwelling or dwelling unit
which has been posted to prevent occupancy.
9. Failure to Obtain License.
If it is
determined that a rental dwelling or rental dwelling unit is being operated
without a valid license, an immediate inspection shall be conducted. It shall
be unlawful for an owner, designated agent or operator, after notice sent first
class mail, to continue operation of a rental dwelling unit without submitting
an application for a license under this Chapter, along with the necessary
license fee. Once an application has been made, it shall be unlawful for the
owner, or his/her duly authorized agent, to permit any new occupancies of
vacant, or thereafter vacated rental units until such time as the license is
10. Issuance of Rental License.
If the rental
dwelling is in compliance with all applicable ordinances of the City and the
laws and regulations of the State of Minnesota, a license shall be issued to
the present owner or his/her designated agent. If the City finds that the
circumstances of the occupancy following the issuance of the license involve
possible Code violations, substandard maintenance, or abnormal wear and tear,
the City may reinspect the premises during the licensing period.
11. Additional License Conditions.
A. Licensees must, as a continuing obligation of a license, maintain a
current register of tenants and other person(s) who have lawful right to
occupancy of rental properties. In its
application, the licensee must designate the person(s) who will have possession
of the register and must promptly notify the City of any change of the identity,
address or telephone number of such person(s). The register must be made
available for inspection by the City at all times.
B. Licensees are responsible for the acts or omissions of their
managers and operators.
C. The Licensee or Manager is required to complete one educational
course of the Crime-Free-Rental Housing Program, or similar course, as approved
by the City Manager. The certification
must be complete within one (1) year of initial license issuance and repeated
once every five (5) years. Program
attendees will be required to pay a participation fee in an amount determined
to cover the direct cost of the program.
Licensee or Manager must provide all tenants with a written lease which must
include the City approved crime free rental housing addendum. The lease and addendum must be made available
for review by the City Manager or their designee upon request.
Licensee or Managers must complete a criminal background check on all occupants
of a dwelling and provide proof of completion of said background check at the
request of the City Manager or their designee.
shall comply with state statutes regarding completion of background checks on managers,
caretakers or agents.
license is required for the following:
State-licensed residential care facilities
Assisted living facilities
G. Single-family homes or
duplexes in which the owner resides within a portion of the single family home
or duplex, and if the building is a duplex, only that portion of the building in
which the owner resides is exempt. The
other portion of the duplex requires a rental license.
It shall be the
responsibility of the licensee to see that residents, guests, or other persons
affiliated with the resident occupying a premises conduct themselves in such a
manner and avoid engaging in illegal conduct so as not to cause the premises to
be disorderly. For purposes of this
section, a premises is disorderly when illegal conduct occurs on the premises,
including any of the following types of illegal conduct in violation of the
Minn. Stat. SS
609.75 through 609.76, which prohibit gambling.
Minn. Stat. SS
609.321 through 609.324 which prohibit prostitution and acts relating thereto;
Minn. Stat. SS
152.01 through 152.025, and S 152.027, subds.1 and 2, which prohibit the
unlawful sale or possession of controlled substances;
Minn. Stat. S
340A.401, which regulates the unlawful sale of alcoholic beverages;
Minn. Stat. S
609.33, which prohibits owning, leasing, operating, managing, maintaining, or
conducting a disorderly house, or inviting or attempting to invite others to
visit or remain in a disorderly house;
F. Minn. Stat. SS 97B.021, 97B.045, 609.66 through 609.67 and 624.712
through 624.716 and Chapter 103 of the City Code, which prohibit the unlawful
possession, transportation, sale or use of weapon;
G. Minn. Stat. S 609.72, which prohibits disorderly
H. Fridley City Code 124.07, prohibiting public nuisance
noises, and Chapter 110 of the City Code prohibiting public nuisances;
I. Minn. Stat.
SS 609.221, 609.222, 609.223, 609.2231, and 609.224 regarding assaults in the
first, second, third, fourth, and fifth degree;
J. Minn. Stat. SS
609.50 which prohibits interference with police officer;
K. Minn. Stat.
SS 609.713 which prohibits terroristic threats;
L. Minn. Stat.
SS 609.715 which prohibits presence of unlawful assembly;
M. Minn. Stat.
SS 609.71 which prohibits riot;
Stat. SS 609.226 and 347.56, relating to
O. Minn. Stat. SS 609.78 which prohibits interfering with
“911” phone calls;
P. Minn. Stat.
SS 609.229 which prohibits crime committed for benefit of a gang;
Q. Minn. Stat. SS
609.26, subdivision 1(8) which prohibits causing or contributing to a child
being a runaway;
R. Minn. Stat.
SS 609.903 which prohibits racketeering;
Stat. SS 617.23 which prohibits indecent
T. Minn. Stat.
SS 609.595 which prohibits criminal damage to property;
U. Minn. Stat.
SS 152.027 subd.4. which prohibits unlawful sale or possession of small amounts
V. Minn. Stat. SS
260B.425 which prohibits contributing to the delinquency of a child).
Incidents where the victim and suspect are “family” or
“household” members as defined in the Domestic Abuse Act, found in Minn. Stat.
S 518.01 and there is a report of “Domestic Abuse” as defined in the Domestic
Abuse Act or where the tenant is the victim of an order for protection
violation under Minn. Stat. S 518B.01, subd. 14, shall not be considered “Disorderly
Use” of the premises for purposes of requiring owners to proceed against a
tenant who is the victim in such situations under the Crime Free/Drug Free
2. The Public Safety Director or designee shall be
responsible for determining when there has been an incident of illegal conduct
that constitutes disorderly use of the licensed premises.
3. Upon determination by the Public Safety Director or
designee that a licensed premises or an individual dwelling unit was used in a
disorderly matter, as described in subsection (1), or otherwise used in violation
of the crime free lease addendum, the Public Safety Director or designee shall
notify the licensee of the violation and direct the licensee or a legally
constituted agent or operator to take steps to prevent further violations. Notice may be personally served on the
licensee or legally constituted agent or operator, sent by certified mail to
the licensee and legally constituted agent or operator’s last known address,
or, if neither method of service effects notice, by posting on a conspicuous
place on the rental unit and mailing a copy of the notice of the violation by
first class mail. The notice shall direct the licensee to take steps to prevent
further violations. A copy of said notice shall be sent by first class mail to
the occupant in violation of subsection (1). The owner shall notify the tenant
or tenants within ten (10) days of the notice of violation of the disorderly
use constituting a violation of the crime free lease addendum, and the owner
shall take steps to prevent further disorderly use violations.
4. Upon a second violation within twelve (12) months of any
one previous instance of disorderly use of a rental dwelling or dwelling unit
as described in subsection (1), notice
of the disorderly use violation shall be sent to the property owner. The notice
shall require the licensee to submit a written report of the actions taken, and
proposed to be taken, to prevent further disorderly use violations. This
written report shall be submitted to the Public Safety Director or designee within
ten (10) business days of receipt of such notice and shall detail all actions
taken in response to all notices regarding violations of subsection (1) within
the preceding twelve (12) months. If no written report is received within the
required timeframe for response, the rental license for the property or the
individual dwelling unit may be denied, revoked, suspended, not renewed, or converted
to a provision license. An action to deny, revoke, suspend, convert to a
provisional license, or not renew a license under this section shall be
initiated by the City Council at the request of the Public Safety Director in
the manner described in Section 220.13.07.
The owner shall notify the tenant or tenants within ten (10) days of the
notice of violation of the disorderly use constituting a violation of the crime
free lease addendum, and the owner shall take steps to prevent further
disorderly use violations.
5. If a third or subsequent violation of subsection (1)
involving residents, guests, or other persons affiliated with the resident
occupying an individual dwelling unit occurs within twelve (12) months after the
first of two (2) previous instances for which notices (pursuant to this
section) were sent to the licensee, the rental license may be denied, revoked,
suspended, converted to a provisional license or not renewed. An action to
deny, revoke, suspend, convert to a provisional license, or not renew a license
under this section shall be initiated by the City Council at the request of the
Public Safety Director in the manner described in Section 220.13.07.
6. No adverse license action shall be imposed if the
violation of subsection (1) occurred during the pendency of eviction
proceedings (unlawful detainer) or within thirty (30) days of notice given by
the licensee to an occupant to vacate the premises, where the violation was
related to conduct by that occupant, other occupants, or the occupant's guests.
Eviction proceedings shall not be a bar to adverse license action, however,
unless they are diligently pursued by the licensee. Further, an action to deny,
revoke, suspend, convert to a provisional license, or not renew a license based
upon violations of this section may be postponed or discontinued at any time if
it appears that the licensee has taken appropriate measures which will prevent
further disorderly use of the premises. The owner shall notify the tenant or
tenants within ten (10) days of the notice of violation of the disorderly use
constituting a violation of the crime free lease addendum, and the owner shall
take steps to prevent further disorderly use violations.
7. A determination that the licensed premises or dwelling
unit has been used in violation of subsection (1) shall be made upon a
preponderance of the evidence to support such a determination. It shall not be
necessary that criminal charges be brought to support a determination of
violation to subsection (1), nor shall the fact of dismissal or acquittal of
criminal charges operate as a bar to adverse license action under this section.
The City Manager
shall designate the Compliance Official to administer and to enforce the
provisions of this Chapter. The Compliance Official is hereby authorized to
cause inspections on a scheduled basis and/or when reason exists to believe
that a violation of this Chapter has been or is being committed.
Whenever the city
determines that any dwelling or dwelling unit fails to meet the provisions of
Section 220.07 through 220.14 of this Chapter, the city may issue a compliance
order setting forth the violations of this Chapter and ordering the owner,
agent, operator, or occupant to correct such violation. This compliance order
Be in writing.
location and nature of the violation in this Chapter.
reasonable time in which violations must be corrected.
D. Be served on licensee. Service shall be sufficient if
personally served, posted in a conspicuous place on or about the premises, or
if mailed by first class mail to the licensee’s last known address on file
pursuant to Section 220.13.04.
Compliance Official may investigate complaints relating to the rental dwelling
or dwelling unit. The Compliance Official shall contact the owner or agent to verify
that the owner or agent is aware of the complaint. If deemed necessary by the
Compliance Official, an inspection of the unit may be conducted to determine if
there are violations to this Chapter and other applicable ordinances of the
city and the laws and regulations of the State of Minnesota. If the inspection
reveals that an ordinance or code violation exists, the Compliance Official
shall notify the owner or agent pursuant to subsection (2). Unless the
correction or repair is an emergency case as regulated in Section 220.16, the
owner or agent shall comply with the timeframes established in the Compliance
Order; it is not expected that repairs or corrections are completed within
twenty-four (24) hours.
violation of Section 220.11 of this Chapter constitutes an imminent peril to
life, health, safety, or property, the City may require immediate compliance
and, if necessary, take appropriate action to correct the violation.
Every owner of
a multiple dwelling of 13 or more units or other units not serviced under the
City contract for recycling services shall arrange and contract for at least
monthly collection of recyclables to include at least newsprint, glass (food
and beverage), aluminum, steel, and tin cans, and corrugated cardboard. A copy
of the owner's contract for recycling services shall be submitted to the City
in conjunction with the annual renewal of the rental license.
dwelling or dwelling unit which is damaged, decayed, dilapidated, unsanitary,
unsafe, infested, or which lacks provision for illumination, ventilation, or
sanitary facilities to the extent that the defects create a hazard to the
health, safety, or general welfare of the occupants or to the public may be
declared unfit for human habitation. Whenever any structure dwelling or
dwelling unit has been declared unfit for human habitation, the City shall
order same vacated within a reasonable time and shall post a placard on same
indicating that it is unfit for human habitat-ion, and any operating license
previously issued for such structure dwelling or dwelling unit shall be
2. Vacated Dwelling.
It shall be
unlawful for a vacant structure dwelling or dwelling unit, which has been
declared unfit for human habitation, as provided above, to be used for human
habitation until the defective conditions have been corrected and written
approval has been issued by the City. It shall be unlawful for any person to
deface or remove the declaration placard from any such structure dwelling or
3. Secure Unfit and Vacated Dwellings.
The owner of
any structure dwelling or 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 same safe and secure so that it is not hazardous to the health,
safety, or general welfare of the public and does not constitute a public
nuisance. Any vacant dwelling or dwelling unit open at doors or windows, if unguarded,
shall be deemed to be a hazard to the health, safety, and general welfare of
the public and a public nuisance within the meaning of this Chapter and Chapter
In the event
that a dwelling or dwelling unit has been declared unfit for human habitation
and the owner has not remedied the defects within a prescribed reasonable time,
then it may be declared a hazardous building and treated consistent with the
provisions of Minnesota Statutes, Section 463.15-463.261.
Upon failure to
comply with a compliance within the time set and no appeal having been taken,
the city council may, by resolution, cause the cited deficiency to be remedied
as set forth in the compliance order. The cost of such remedy shall be placed
against the subject property and may be levied and collected as a special
assessment in the manner provided by Minnesota Statutes, Chapter 429.
When it is
alleged by any person to whom a compliance order is directed that such
compliance order is based upon erroneous interpretation of this Chapter, such
person may appeal the compliance order as provided under Chapter 6 of the City
Code. The filing of an appeal shall stay all proceedings, unless such a stay
would cause imminent peril to life, health, safety, or property.
securing an interest in the dwelling or dwelling until which has received a
violation tag or compliance order shall be bound by the same without further
service of notice and shall be liable to all penalties and procedures under
and undertaking to enforce this ordinance, neither the city nor its council,
agents, or employees warrant or guarantee the safety, fitness, or suitability of
any dwelling in the City, and any representation to the contrary by any person
is a misdemeanor. Owners or occupants should take whatever steps they deem
appropriate to protect their interests, health, safety, and welfare. A warning in substantially the foregoing
language shall be printed on the face of the license.
provision, or part of this Chapter is declared separable from every other
section, provision, or part to the extent that if any section, provision, or
part of this Chapter shall be held invalid, such holding shall not invalidate
any other section, provision, or part thereof.
of this Chapter is a misdemeanor and is subject to all penalties provided for
such violations under the provisions of Chapter 901 of this Code.
It is a
misdemeanor for any person to prevent, delay, or provide false information to
the Compliance Official, or his/her representative, while they are engaged in
the performance of duties set forth in this Chapter.
Section Two. Effective Date.
This Ordinance shall be effective following its adoption and publication
according to law.
PASSED AND ADOPTED BY THE CITY COUNCIL
OF THE CITY OF FRIDLEY THIS ___ DAY OF __________________, 2018.
J. Lund, Mayor
Debra A. Skogen, City Clerk
Public Hearing: 11-26-18
First Reading: 11-26-18
Second Reading: 12-10-18
all changes have been captured.