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CHAPTER 4 CONSTRUCTION AND HOUSING REGULATIONS AND
PERMITS
Section 4.01
Building Code Adopted
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4.02
Building Permits Required
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4.03
Housing Maintenance Code
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4.04
Rental Dwelling Licensing Code
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4.05
Unsafe and Hazardous Buildings,
Structures and Excavation
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4.06
Manufactured Home Parks
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4.07
Violation a Misdemeanor
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CHAPTER 4
CONSTRUCTION AND HOUSING
REGULATIONS AND PERMITS
SECTION 4.01. BUILDING CODE ADOPTED. The Minnesota State
Building Code (SBC), including Minnesota Rules Chapter 7080 — Individual
Sewage Treatment Systems, is hereby adopted by reference as though set forth
verbatim herein. One copy of said Code shall be marked CITY OF RED WING -
OFFICIAL COPY and kept on file in the office of the Building Official and open to
inspection and use by the public.
Source: Ordinance No. 349, Third Series
Effective Date: 3-26-04
SECTION 4.02. BUILDING PERMITS REQUIRED. It is unlawful for
any person to erect, construct, enlarge, alter, repair, move, improve, remove,
convert, or demolish any building or structure, or any part or portion thereof,
including, but not limited to, the plumbing, electrical, ventilating, heating or air
conditioning systems therein, or cause the same to be done, without first obtaining
a separate building or mechanical permit for each such building, structure or
mechanical components from the City. (Also see City Code Section 11.70,
Subdivision 3).
Source: City Code
Effective Date: 5-1-85
SECTION 4.03. HOUSING MAINTENANCE CODE.
Subd. 1. Title. This section may be known, cited, and referred to as the
"Red Wing Housing Maintenance Code" or "the HMC."
Subd. 2. Purpose. The purpose of the HMC is to protect, preserve,
and promote the public health, safety, and the general welfare of the people of the
City, to prevent housing conditions that adversely affect or are likely to adversely
affect the life, safety, general welfare, and health, including the physical, mental,
and social well-being of persons occupying dwellings within the City, to provide, to
the extent permitted by state law, for the enforcement of minimum standards for
components or systems of residential structures; to provide for the use and
location and amount of space for human occupancy; and to preserve the value of
land and buildings throughout the City.
Subd. 3. Discrimination and Privacy. The HMC is to be enforced in a
nondiscriminatory manner and exclusively for the purpose of promoting public as
opposed to private welfare. Except as may be specifically provided herein or
incidental to the enforcement hereof, the HMC is not intended to interfere with
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personal privacy or with private legal rights and liabilities, including without
limitation landlord/tenant and lessor/lessee relationships, and in enacting and
enforcing the HMC, 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 the HMC.
Subd.4. Definitions.
A. For purposes of Section 4.03, the definitions below apply.
1. "Abandonment of a Building or Structure" — the consequence of
ceasing to assert or exercise an interest, right, or title to that building
or structure, with the intent of never again resuming or reasserting it.
2. "Accessory Structure" — a structure not greater than 3,000 square
feet in floor area and not over two stories in height, the use of which
is customarily accessory to and incidental to that of the dwelling(s)
and which is located on the same lot.
3. "Adequate" — sufficient.
4. "Basement" — that portion of a Building or Structure located partly
underground, but having less than half its clear floor -to -ceiling height
below the average grade of the adjoining ground.
5. "Building" — a constructed edifice designed to stand more or less
permanently, covering a space of land, designed for occupancy, and
intended for use in one place.
6. "Common Areas" — halls, corridors, passageways, utility rooms,
recreational rooms and extensively landscaped areas in or adjacent
to a multiple dwelling, not under the exclusive control of one person
or family.
7. "Component" — a constituent part.
8. "Condominium" — a form of individual ownership within a multifamily
building which entails joint responsibility for maintenance and
repairs; in the condominium each apartment or townhouse is owned
outright by its occupant.
9. "Corrected" — brought into conformance with all applicable standards
of the HMC.
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10. "Cooperative Housing" — a multiple family dwelling owned and
maintained by the residents: the entire structure and real property is
under common ownership as contrasted to a condominium dwelling
where individual units are under separate individual occupant
ownership.
11. "Damage" — injury or harm.
12. "Degradation" — impairment in respect to some physical property,
including Damage by weakening or loss of some property, quality, or
capability.
13. "Dilapidation" — a condition of decay or partial ruin.
14. "Disaster" — a sudden or great misfortune.
15. "Dwelling Unit" — a single unit providing complete independent living
facilities for one or more persons, including permanent provisions for
living, sleeping, eating, cooking and sanitation.
16. "Exclude Dampness" — to shut out moisture.
17. "Exit" — a continuous and unobstructed means of egress to the
outdoors and includes intervening doors, doorways, corridors,
ramps, stairways, smoke -proof enclosures, horizontal exits, exit
passageways, exit courts and yards.
18. "Extermination" — the control and elimination of insects, rodents or
other pests by eliminating their harborage places; by removing or
making inaccessible materials that serve as their food; by poisoning,
spraying, fumigating, trapping; or by any other recognized and legal
pest elimination methods approved by the Health Officer.
19. "Fire Hazard" — a thing or condition that might operate against Safety
from fire, including a possible source of peril, danger, duress, or
difficulty, or that tends to create or increase the possibility of loss due
to fire.
20. "Garbage" — putrescible animal and vegetable wastes, including
those resulting from the handling, preparation, cooking, and
consumption of food.
21. "Habitable Room" — a room or enclosed floor space used or intended
to be used for living, sleeping, cooking, or eating purposes, but
excluding bathrooms, water closet compartments, laundries, furnace
rooms, pantries, utility rooms, foyers, corridors, stairways, closets,
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storage spaces, workshops, hobby and recreation areas, and
Basements lacking required ventilation, required electrical outlets, or
required Exit facilities.
22. "Hazard" — a thing or condition that might operate against Safety,
including a possible source of peril, danger, duress, or difficulty, or
that tends to create or increase the possibility of loss.
23. "Health Officer" — the legally designated health officer of the City of
Red Wing or his or her authorized representative.
24. "Hotel or Motel" — a building or structure or enclosure, or any part
thereof, kept, used as, maintained as, or advertised as, or held out to
the public to be an enclosure where sleeping accommodations are
furnished to the public and furnishing accommodations for periods of
less than one week.
25. "Inadequate" —means not Adequate.
26. "Infestation" — the presence, within or around a Dwelling, of any
insects, rodents, or pests.
27. "Kitchen" — a space used or intended to be used for food preparation,
which contains a sink, adequate space for installing cooking and
refrigeration equipment, and space for the storage of cooking
utensils.
28. "Maintenance" — preservation from failure or decline.
29. "Maintained" — preserved from failure or decline.
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(a) A public nuisance which may prove detrimental to children
whether in a Building, on the premises of a Building, or upon an
unoccupied lot. This includes, but is not limited to, the
abandonment of any well, cistern, shaft, Basement, or
excavation; the abandonment of any refrigerator or freezer in a
hazardous condition; an unlicensed or inoperable motor vehicle;
or any lumber, Garbage, Rubbish, or debris which may become a
hazard for inquisitive minors; or
(b) Overcrowding a room or portion of a Dwelling with long-term
storage so as to prevent upkeep, maintenance or regular
housekeeping. A room may be considered overcrowded when
storage covers an excessive amount of the floor area of a room,
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constitutes a potential excessive fire load, prevents access to
windows or doors, prevents access to or obstructs mechanical
systems or air movement, effectively eliminates use and access
to required electrical devices, impedes access and movement of
emergency personnel, blocks hallways, limits the operation of
doors or provides potential pest harborage.
31. "Obsolescence" — the process of becoming neglected or the
condition of being nearly neglected or worn out.
32. "Occupant" — any person, over one year of age, (including owner or
operator) living, sleeping, cooking, or eating in, or having actual
possession of, a Dwelling Unit or rooming unit.
33. "Operator or Resident Agent" — the Owner or Owner's agent who has
charge, care, control, or management of a Building, or part thereof,
in which Dwelling Units or rooming units are let or offered for
occupancy.
34. "Owner" — a person who alone, jointly, or severally with others:
(a) shall have legal title to any Dwelling or Dwelling Unit, with or
without accompanying actual possession thereof; or,
(b) shall have charge, care or control of any Dwelling or Dwelling
Unit, as owner or agent of the owner, or as executor, executrix,
administrator, administratrix, trustee or guardian of the estate of
the owner. Any such person thus representing the actual owner
shall be bound to comply with the provisions of this Section, and
of rules and regulations adopted pursuant thereto, to the same
extent as if he were the owner.
35. "Owner -Occupied Dwelling" — a dwelling unit occupied by the
property owner, including for purposes of the HMC, a single-family
dwelling or the discrete portion of a two-family or multi -family
dwelling where the owner resides in one unit.
36. "Premises" — platted lot(s) or unplatted parcel(s) of land, or any
portion thereof, either occupied or unoccupied by any dwelling or
non -dwelling structure, including such building, accessory structure,
or other structure thereon.
37. "Public Areas" — those areas which are normally open to the general
public or the occupants of more than one dwelling unit of a multiple
family dwelling.
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38. "Rental Dwelling or Rental Dwelling Unit" — any dwelling unit not
occupied by the primary homestead owner of record. Such a unit
may be a single-family dwelling, a separate and independent
housekeeping unit within a single-family dwelling, a group home, one
unit of a two-family dwelling or a portion of a multi -family dwelling,
any of which are provided or available for actual or potential
occupancy whether occupied or vacant by lease, by use, by rent or
for any other good and valuable consideration, excluding the portion
of a homestead property occupied by a qualified relative, or
residential property seasonally occupied by what is commonly
referred to as a "house sitter" while the owner of the property is
residing elsewhere for a period not to exceed six (6) months.
Manufactured homes that are occupied by the owner of the home do
not constitute rental Dwelling Units even though the underlying lot
may be leased by the owner occupant.
39. "Rodent Harborage" — a place where rodents are living, nesting, or
seeking shelter, or likely to live, nest, or seek shelter.
40. "Rodent -Proof' — a condition where a structure and all parts thereof
are protected from rodent, insect and vermin Infestation by
eliminating ingress and egress openings such as cracks in walls and
holes in screens. For the purpose of the HMC the term "rodent -
proof' shall be construed as though it included "insect -proof' and
"vermin -proof."
41. "Rooming Unit" — a room or group of rooms forming a single
habitable unit used or intended to be used for living and sleeping, but
not for cooking and eating purposes.
42. "Rubbish" — non-putrescible solid wastes consisting of both
combustible and noncombustible wastes, such as paper, cardboard,
tin cans, grass and shrubbery clippings, wood, glass, brick, plaster,
bedding, crockery, and similar materials.
43. "Safe" — secure from threat of danger, harm or loss, including but not
limited to the treat of Unsafe conditions as defined below.
44. "Safety" —the condition of being Safe.
45. "Sanitary" — free from or effective in preventing or checking an agent
(such as filth or infection) injurious to health.
46. "Supplied" — paid for, furnished, or provided, by or under the control
of, the owner or operator.
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47. "System" — a group of devices or artificial objects or an organization
forming a network especially for distributing something or serving a
common purpose.
48. "Unsafe" — not Safe, and includes but is not limited to the following
applications:
(a) when referring to a building or structure, one that is structurally
unsafe or not provided with adequate egress, that constitutes a
Fire Hazard, or that is otherwise dangerous to human life.
(b) when referring to a use of a building or a structure, a use that
constitutes a Hazard to Safety, health, or public welfare by
reason of Inadequate Maintenance, Dilapidation, Obsolescence,
Fire Hazard, Disaster, Damage, or Abandonment.
(c) when referring to parapet walls, cornices, spires, towers, tanks,
statuary, or other appendages or structural members that are
supported by, attached to, or a part of a building, one that is in
deteriorated condition or otherwise unable to sustain the design
loads that are specified in the Guidelines for Rehabilitation of
Existing Structures as modified by Minn. R. Chapter.
49. "Yard" — all ground, lawn, court, walk, driveway, or other open space
constituting part of the same premises.
B. If a term used in Section 4.03 Subd. 8 is not defined in Section 4.03, but
is defined in an applicable Minnesota Building Code, that term shall
have the meaning as defined in that Code.
C. Terms that are not defined in Section 4.03 or (for Subd. 8) in an
applicable Minnesota Building Code shall have their ordinary accepted
meanings within the context in which they are used, as determined in
the following manner:
1. For undefined terms in Section 4.03 Subd. 8, Webster's Third New
International Dictionary of the English Language, Unabridged,
copyright 1986, shall be considered as providing ordinarily accepted
meanings.
2. For undefined terms in any other subdivision of Section 4.03, the
on-line version of the Merriam -Webster Collegiate Dictionary,
available at www.m-w.com, shall be considered as providing
ordinarily accepted meanings.
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Subd. 5. Applicability. A Building and its Premises used in whole or in
part as a residence, or as an Accessory Structure thereof except rest homes,
convalescent homes, nursing homes, Hotels, and Motels, must conform to the
requirements of this code. Licensing and inspections of Rental Dwellings and their
premises are governed by Section 4.04. Enforcement action, under the HMC,
against Owner Occupied Dwellings is limited to violations of Paragraphs (B)
through (F) of Subdivision 9. This limit does not apply to Rental Dwellings, rented
portions of Dwellings, Common Areas, or areas that are under the exclusive
control of a Rental Dwelling Owner, such as mechanical rooms, storage rooms, or
vacant rental units. These Rental Dwellings, portions of Dwellings, Common
Areas, areas under the exclusive control of a Rental Dwelling Owner, and vacant
Rental Dwelling Units, shall comply with this section in its entirety. Condominium
and Cooperative Housing public areas shall be subject to the requirements
applicable to Rental Dwellings if one or more Dwellings in such a building is a
Rental Dwelling. Except as otherwise provided in this subdivision, the HMC
establishes minimum standards for erected Dwelling Units, Accessory Structures,
and related Premises.
Subd. 6. General Responsibilities of Owners.
A. The owner of a Structure is responsible for ensuring that it meets the
applicable provisions of the HMC. The duty to comply with the HMC
cannot be transferred to another person. A contract purporting to
transfer the duty of compliance with the HMC to another person does
not relieve the owner, operator or occupant of any duty imposed by the
HMC.
Subd. 7. Smoke and Carbon Monoxide Detection.
A. Definitions.
1. Those terms defined in Minn. Stat. § 299F.362, Subd. 1 shall also
carry those meanings when they appear below in smoke detector
regulations.
2. Those terms defined in Minn. Stat. § 299F.50 shall also carry those
meanings when they appear below in carbon monoxide detector
regulations.
3. For purposes of Subd. 7 only, the phrases "single-family home" and
"single-family dwelling unit" mean a dwelling unit occupied by:
(a) A person living alone, or any of the following groups living
together as a single nonprofit housekeeping unit and sharing
common living, sleeping, cooking, and eating facilities-
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(1) Any number of people related by blood, marriage, adoption,
guardianship or other duly -authorized custodial relationship;
(2) Three unrelated people; or
(3) Two unrelated people and any children related to either of
them.
4. When inspecting for compliance with Subd. 7, City inspectors shall
presume that any dwelling with only one dwelling unit is a
single-family home and a single-family dwelling unit for purposes of
Subd. 7, and will not inquire regarding the relationships between
occupants, but this presumption may be rebutted by information
volunteered by an owner or occupant.
B. In Single -Family Homes or Single -Family Dwellings.
1. Single and multiple -station smoke alarms shall be installed in the
following locations:
(a) In each room used for sleeping purposes.
(b) On the ceiling or wall outside of each separate sleeping area in
the immediate vicinity of bedrooms.
(c) In each story within a dwelling unit, including basements, but not
including crawl spaces and uninhabitable attics. In dwellings or
dwelling units with split levels and without an intervening door
between the adjacent levels, a smoke alarm installed on the
upper level shall suffice for the adjacent lower level provided that
the lower level is less than one full story below the upper level.
2. Smoke detectors improperly located or mounted may be required to
be relocated or remounted.
3. The dwelling must have an approved and operational carbon
monoxide alarm installed within ten feet of each room lawfully used
for sleeping purposes.
C. In Residential Structures Other Than Single -Family Homes.
1. For every other dwelling unit within an apartment house or within a
dwelling that is not a single-family home-
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(a) Each dwelling unit must be provided with a smoke detector
meeting the requirements of the State Fire Code, Minn. R.
Ch. 7511.
(b) Smoke detectors must be mounted in the location or locations set
forth in section (b) (i) of this subdivision.
(c) When actuated, the detector must provide an alarm in the
dwelling unit.
(d) Where the occupant is not the owner of the dwelling unit, the
owner is responsible for maintenance of the smoke detectors.
The occupant of a dwelling unit must inform the owner of the
dwelling unit of a nonfunctioning smoke detector within 24 hours
of discovering that the smoke detector in the dwelling unit is not
functioning.
2. Effective August 1, 2009, the following regulations apply to
multifamily dwellings:
(a) Subject to the exception in subpart 2 below, Every dwelling unit in
a multifamily dwelling must satisfy at least one of these two
standards:
(1) It must have an approved and operational carbon monoxide
alarm installed within ten feet of each room lawfully used for
sleeping purposes; or
(2) It must have approved and operational carbon monoxide
alarms installed between 15 and 25 feet of carbon monoxide -
producing central fixtures and equipment, provided there is a
centralized alarm system or other mechanism for responsible
parties to hear the alarm at all times.
(b) An owner of a multifamily dwelling that contains minimal or no
sources of carbon monoxide may be exempted from the
requirements of subpart 1 above, provided that such owner has
certified to the commissioner of public safety that such multifamily
dwelling poses no foreseeable carbon monoxide risk to the health
and safety of the dwelling units.
Subd. 8. Conditions of Components or Systems of Existing Residential
Structures.
A. Scope. Subd. 8 shall govern the conditions of Components and
Systems of existing residential Structures.
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B. Certified Historic Structures. In a Certified Historic Structure as defined
in Minn. R. 1311.0301, the requirements of this subdivision are subject
to modifications specifically set forth in Chapter 6 of the Guidelines for
Rehabilitation of Existing Buildings as modified by Minn. R.
Chapter 1311.
C. Modifications. Where there are practical difficulties involved in carrying
out the provisions of Subd. 8, the City may accept compliance
alternatives or grant modifications for individual cases. The City shall
first find that a special individual reason makes the strict letter of Subd. 8
impractical, and that the compliance alternative or modification is in
conformance with the intent and purpose of Subd. 8 and that such
compliance alternative or modification does not lessen health, life and
the intent of any fire -safety requirements or any degree of structural
integrity. The details of any action granting modification or the
acceptance of a compliance alternative shall be recorded and entered in
City files.
D. Safe and Sanitary Condition Required. All buildings and structures and
all parts thereof shall be Maintained in a Safe and Sanitary condition.
E. Additional Requirements Applicable to Electrical Components or
Systems.
1. The electrical service, lines, switches, outlets, fixtures, and fixture
coverings, and supports in every building or structure shall be in
good repair.
2. Broken, loose, frayed, inoperative, defective, or missing portions of
Electrical Components or Systems shall be repaired or replaced.
3. All Unsafe conditions shall be Corrected.
F. Additional Requirements Applicable to Plumbing Components or
Systems.
1. Leaking drain or supply lines shall be repaired or replaced.
2. All Unsafe conditions shall be Corrected.
3. Any cross -connections or siphonage between fixtures shall be
Corrected.
G. Additional Requirement Applicable to Mechanical Systems. Mechanical
systems shall have any Unsafe conditions Corrected.
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H. Means of Egress. The Structure must meet those requirements of
Sections 403.1 through 403.18 of GREB as modified by Minn. Rules
Chapter 1311 that, by their wording or phrasing, apply to existing
structures without regard to whether alteration, repair or other work is
being performed on the Structure.
Boiler/Central Heating Plant Equipment Rooms and Storage Rooms. In
residential occupancies containing more than two dwelling units
(including apartment buildings):
1. Rooms containing boilers or central heating plants, and storage
rooms with floor area exceeding 100 square feet in size, shall be
separated from the rest of the building by not less than a one -hour
occupancy separation.
2. When approved by a building official, existing wood lath and plaster
in good condition or '/2 inch (12.7 mm) gypsum wallboard may be
accepted where one -hour occupancy separations are required.
(a) In a Certified Historic Structure as defined in Minn. R. 1311.0301,
where the existing wall and ceiling finish is wood lath and plaster,
1-hour fire-resistant construction is not required and need not be
provided.
3. A separation need not be provided for such rooms with equipment
serving only one dwelling unit.
J. Structural Safety.
1. The minimum design loads for the structure shall be the loads
applicable at the time the building was constructed, provided that no
dangerous condition is created. Structural members that are found
to be unsound or dangerous shall comply with the applicable
requirements of the Minnesota State Building Code for new
construction.
2. A building, structure, or an individual structural member that has any
of the conditions or defects described below, as determined by a
licensed design professional, shall be replaced or strengthened
when:
(a) The stress in any materials, member, or portion thereof, due to all
dead and live loads, is more than one and one-half the working
stress or stresses allowed in the Minnesota State Building Code
for new buildings of similar structure, purpose, or location.
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(b) Any portion of the building, structure, or member has been
damaged by fire, earthquake, wind, flood, or by any other cause,
to such an extent that its structural strength or stability is
materially less than it was before the catastrophe and is less than
the minimum requirements of the Minnesota State Building Code
for new buildings of similar structure, purpose, or location.
(c) Any portion of the building, structure, or member has wracked,
warped, buckled, or settled to such an extent that walls or other
structural portions have materially less resistance to winds or
earthquakes than is required in the case of similar new
construction.
(d) The building or structure, or any portion of it, is likely to partially
or completely collapse because of (i) dilapidation, deterioration,
or decay; (ii) faulty construction; (iii) the removal, movement, or
instability of any portion of the ground necessary for the purpose
of supporting such building; (iv) the deterioration, decay, or
Inadequacy of its foundation; or (v) any other cause.
(e) The exterior walls or other vertical structural members list, lean,
or buckle to such an extent that a plumb line passing through the
center of gravity does not fall inside the middle one-third of the
base.
(f) The building or structure, exclusive of the foundation, shows
33 percent or more damage or deterioration of its supporting
member or members, or 50 percent damage or deterioration of its
nonsupporting members, enclosing or outside walls, or coverings.
(g) Any building or structure, which, whether or not erected in
accordance with all applicable laws and ordinances, has in any
nonsupporting part, member, or portion less than 50 percent, or
in any supporting part, member, or portion less than 66 percent of
the (i) strength, (ii) fire -resisting qualities or characteristics, or
(iii) weather -resisting qualities or characteristics required by law
in the case of newly constructed building or like area, height, and
occupancy in the same location.
K. Weather Protection.
1. Every building shall be weather protected to provide shelter for the
occupants against the elements and to Exclude Dampness.
2. The roof of every building or structure shall provide weather
protection for the building.
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3. All devices that were provided or are required to prevent ponding or
flooding or to convey the roof water shall be capable of fulfilling that
purpose.
4. All weather -exposed surfaces of every existing building or structure
shall provide weather protection.
L. Maintenance and Degradation.
1. All systems, devices, or safeguards that were required by a
Minnesota Building Code under which the building was constructed
shall be Maintained in conformance with the requirements of that
Code.
2. Failure to correct Degradation of any system, device or equipment
that a Minnesota Building Code required at the time of its
construction is prohibited.
Subd.9. Conditions of Residential Housing Other than Components
and Systems.
A. Scope. Subd. 9 shall govern the conditions in residential housing other
than components and systems of a Structure.
B. Accumulation of Dirt, Filth, Rubbish, or Garbage.
1. An Owner, Operator or Occupant of a Dwelling Unit may not allow
the accumulation of dirt, filth, Rubbish, or Garbage on the Premises
occupied or controlled in a manner that could create a health hazard
to the Dwelling Occupants or the general public.
C. Rodent Harborages in Occupied Areas.
1. Joint Responsibility. An Owner, Occupant or Operator may not allow
formation of Rodent Harborages in or about the premises he or she
occupies or controls.
2. Occupant Responsibility for Extermination. The occupant of a
Dwelling containing a single Dwelling Unit is responsible for the
Extermination of rodents, insects or vermin on the premises. Every
Occupant of a Dwelling unit in a Dwelling containing more than one
Dwelling Unit is responsible for such Extermination whenever the
Dwelling Unit is the only one Infested.
3. Owner Responsibility for Extermination. Whenever Infestation is
caused by the failure of the Owner to maintain a Dwelling in a
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reasonable Rodent -Proof condition, Extermination is also the
responsibility of the Owner. Whenever Infestation exists in two or
more of the Dwelling Units in any Dwelling, or in the shared or public
parts of any Dwelling containing two or more Dwelling Units,
Extermination thereof is also the responsibility of the Owner.
4. Standard: Where subparts b or c of this subdivision give rise to a
duty to undertake Extermination, it is a violation of this code if the
inspection does not demonstrate that such Extermination has been
undertaken at least to a degree that is proportionate to the need for
it.
D. Nuisance. An Owner, Operator or Occupant of any Dwelling Unit may
not allow the formation or presence of any Nuisance in or about the
Premises.
E. Yard Cover. Exposed areas surrounding (or within) a principal or
Accessory Structure, including street boulevards which are not devoted
to parking, drives, sidewalks, patios or other such uses, must be
landscaped with grass, shrubs, trees, or other ornamented landscape
material. Such landscaping shall be maintained in good condition and
free of noxious weeds. Weeds, including tall grass, may not exceed six
inches in height.
F. Snow, Ice, and Stormwater Management.
1. Property Owners and Occupants shall be responsible to abate the
snow and ice from the public sidewalk located on the City boulevard
that abuts or fronts their property within 12 hours after such snow or
ice has ceased to be deposited.
2. In no case may storm water be channeled into the sanitary sewer
system. Storm water, ice, or snow may not be directed onto, or
channeled across walkways or streets where it is likely to be a safety
hazard.
G. Minimum Temperature Standards for Rental Properties.
1. When the temperature outside the structure is below 60 degrees
Fahrenheit, it is the responsibility of the Owner that a minimum
temperature of 68 degrees Fahrenheit be maintained in a Dwelling
Unit at a point 3 feet above the floor and 2 feet from exterior walls in
all habitable rooms, unless the Occupant of that unit chooses to
maintain a lower temperature. The installation of one or more
portable space heaters shall not be used to achieve compliance with
this section.
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H. Electrical Cords in Rental Properties. Temporary wiring, extension
cords or drop cords may not be used as permanent wiring.
Discontinuance of Basic Services or Utilities in Rental Properties. An
Owner, Operator, or Occupant may not permit any service or utility
needed for a furnace to provide heat to be shut off from or discontinued
for any occupied Dwelling or Dwelling Unit let or occupied, except for
such temporary interruptions as may be necessary while actual repairs
or alterations are in process, or during temporary emergencies.
Occupancy Standards. The maximum permissible occupancy of a
rental Dwelling Unit is determined as follows:
Minimum space. For the first two 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.
2. Maximum occupancy. The total number of Occupants may not
exceed two times the number of Habitable Rooms, less Kitchen, in
the Dwelling Unit.
SECTION 4.04. RENTAL DWELLING LICENSE CODE.
Subd. 1. Purpose. The purpose of the Rental Dwelling License Code is to
protect, preserve, and promote the public health, safety, and the general welfare of the
people of the City; to prevent housing conditions that adversely affect or are likely to
adversely affect the life, safety, general welfare, and health, including physical, mental,
and social well-being of persons occupying Rental Dwellings within the City; to provide, to
the extent permitted by state law, for the enforcement of minimum standards for
components or systems of residential structures; and to preserve the value of land and
Buildings throughout the City.
Subd.2. Definitions.
A. Where applicable, and unless otherwise defined in this section, the definitions
in Section 4.03 apply to this section.
B. Operating License means an annual license issued by the City for Rental
Dwelling Units that pass inspections once every three years. Operating
License also means the license issued by the City for Rental Dwelling Units per
Ordinance No. 153, Fourth Series, that is valid until December 31, 2021. Also
referred to herein as "license."
C. Temporary License means an initial license issued by the City prior to Rental
Dwelling Units passing inspections for the first time as part of the rental license
start-up described in Subd. 3, paragraph C(4). Also referred to herein as
"license."
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D. Temporary Permit means the permit issued by the City for Rental Dwelling
Units per Ordinance No. 153, Fourth Series, that is valid until December 31,
2021. Temporary Permit also means the permit issued pursuant to Subd. 3,
paragraph C(8). Also referred to herein as "permit."
E. Tenant means any person granted temporary use of a Rental Dwelling Unit,
other than the Owner of the Rental Dwelling Unit and/or immediate family of
that Owner (as described in Subd. 3, paragraph B), pursuant to a lease or
other agreement, whether or not reduced to writing.
Subd. 3. Inspection and Licensing of Rental Dwellings.
A. Rental Dwelling License. No person may maintain, operate, let, or cause to be
let, a Rental Dwelling Unit without first having obtained an Operating License
to do so from the City as hereinafter provided.
An Operating License will be valid for one year from the date of issuance
and shall expire at the end of the one year. License fees shall be due
annually. License fees shall be as established by the City Council. See
Subd. 3, paragraph C(4) for information regarding the rental license
program start-up.
2. A license renewal application and corresponding license fee shall be filed
at least 30 days prior to license expiration date, unless the City has already
renewed that license based upon a scheduled inspection conducted
pursuant to paragraph C below. The license renewal application must be
submitted to the City on the form furnished by the City as outlined in Subd.
3, paragraph E. The renewal of a license will be handled in the same
manner as the original application.
B. License Exemption.
The Owner of a Rental Dwelling Unit is exempted from the licensing
requirements of this section if the renter of the Rental Dwelling Unit is
related to the Owner as a parent, child, sibling, grandparent, grandchild,
step-parent, step -child, step -grandparent, or step -grandchild and the
Owner files an affidavit with the City stating that the renter is one of these
relations.
2. The Owner must notify the City in writing within 30 days of this exemption
being lost because the renter is not related to the Owner as one of the
above -referenced relations.
3. The following properties are exempt from the licensing requirements of this
section: retail/commercial/industrial properties; nursing homes; assisted
living facilities; group homes; and similar properties.
4. An Owner who rents single rooms or basements in their Owner -Occupied
Dwelling to a renter for less than twelve (12) months at a time is exempted
from the licensing requirements of this section.
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C. Rental Dwelling Inspections. No Operating License may be issued or renewed
unless the City determines, following a required inspection conducted pursuant
to this section, that the Rental Dwelling Unit and its Premises conform to the
Housing Maintenance Code ("HMC").
1. Scheduled Inspections. The City enforcement officer and his or her agents
are authorized to contact Owners, Tenants, and Operators or Resident
Agents of Rental Dwellings to schedule inspections of Rental Dwellings at
reasonable times. The City enforcement officer is also authorized to
conduct those inspections once scheduled. These scheduled inspections
will be conducted to determine whether the Rental Dwelling Unit and its
Premises conform to the HMC so as to inform the City's decision of
whether to issue or renew an Operating License.
2. Inspections on Applications for New Rental Dwellings. In addition, upon
receipt of a properly executed application for an Operating License, the
City enforcement officer may cause an inspection to be made of the Rental
Dwelling Unit and its Premises to determine whether they are in
compliance with the HMC so as to inform the City's decision of whether to
issue an Operating License. Inspections performed pursuant to the
authority in paragraph C(1) or paragraph C(2) are hereinafter described as
"License Inspections."
3. Complaint Inspections. In addition, the City enforcement officer is
authorized to conduct inspections on Rental Dwelling Units when reason
exists to believe that a violation of an applicable subdivision of the HMC
exists, has been, or is being committed. A complaint or complaints from a
Tenant of a Rental Dwelling Unit shall be an adequate basis for an
inspection or a follow-up inspection of a Rental Dwelling Unit. Inspections
performed pursuant to the authority in paragraph C(3) are hereinafter
described as "Complaint Inspections."
4. The City enforcement officer will determine the schedule of scheduled
inspections. To increase the awareness by Owners of the likely timing of
requested inspections and to conserve public resources, the City
enforcement officer may schedule and conduct inspections pursuant to
paragraph C(1) according to the area of the City in which the Rental
Dwelling Unit is located, dividing the City into zones.
(a) Rental License Start -Up Zones. Rental inspections will occur during a
three-year period between January 1, 2022 and December 31, 2024.
During that time, there will be four zones for inspections: Zone 1, Zone
2, Zone 3, and Zone 4. City staff will develop these zones and make
information on the zones and inspections available to Owners and
Tenants. The City will conduct inspections in Zone 1 from January 1,
2022 through December 31, 2022. The City will conduct inspections in
Zone 2 from January 1, 2023 through December 31, 2023. The City
will conduct inspections in Zone 3 from January 1, 2024 through
December 31, 2024. Zone 4 will include multiple unit Rental Dwellings
with a higher number of Rental Dwelling Units, which may be inspected
as scheduled within one of the three annual inspection time periods.
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Some variation from this schedule may be necessary to accomplish
implementation requirements, as determined by City staff.
(b) Temporary License then Operating License after Inspection. During the
start-up phase of rental inspections, the City, upon receipt of an
application, may issue an Owner of a Rental Dwelling Unit, regardless
of zone, a Temporary License to rent the property. All Owners who
intend to maintain, operate, let, or cause to be let, a Rental Dwelling
Unit, including all Owners who have valid Operating Licenses or
Temporary Permits that expire on December 31, 2021, must apply for a
Temporary License as part of the start-up by January 1, 2022. No
inspection is necessary for a Temporary License. The application must
be submitted to the City on the form furnished by the City as outlined in
Subd. 3, paragraph E. Rental Dwelling Units in Zone 1 may be issued
a one-year Temporary License. Rental Dwelling Units in Zone 2 may
be issued a two-year Temporary License. Rental Dwelling Units in
Zone 3 may be issued a three-year Temporary License. Thereafter, a
one-year Operating License may be issued after a Rental Dwelling Unit
passes its inspection during the initial start-up three-year period. After
a Rental Dwelling Unit receives an Operating License, it will be subject
to an ongoing once -every -three -years inspection cycle. Inspections will
occur within three years of the date of last inspection.
(c) License Fees. During the rental license start-up three-year period,
license fees are due annually for Temporary Licenses, even for those
Rental Dwelling Units that receive two-year or three-year Temporary
Licenses. License fees for Temporary Licenses are due by the
beginning of each program year — January 1. After a Rental Dwelling
Unit receives an Operating License, license fees are due December 1
each year for annual license renewals. See Subd. 3, paragraphs A and
H for more information.
5. If a Rental Dwelling Unit or its Premises are not in compliance, one or more
follow-up inspections may be conducted to verify that conditions and any
corrections conform to the provisions of the HMC. Owners will not be
charged an additional fee for the first follow-up inspection of their Rental
Dwelling Unit. If a second or third follow-up inspection is required, Owners
will be charged a follow-up inspection fee as established by the City
Council. If a Rental Dwelling Unit, after scheduling an inspection, is not
made available for inspection on the scheduled date, the Owner may be
subject to an additional fee as established by the City Council.
6. When the basis for the inspection pursuant to this section is information
observed or obtained during a License Inspection, such follow-up
inspection shall be scheduled consistent with paragraph C(10).
7. When scheduling License Inspections or Complaint Inspections (except
inspections under Minnesota Statutes section 504B.185, as amended)
pursuant to this section, the City enforcement officer or his or her agents
will seek the consent of the Owner or Operator or Resident Agent of the
property (if not already received) to inspect those areas outside of Rental
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Dwelling Units that are not accessible to the general public (including all
common areas, garages, any internal rooms that are inaccessible to the
public, such as storage, utility, or mechanical rooms), and to inspect
unoccupied/vacant Rental Dwelling Units. The Owner must notify the
Tenant at least 72 hours before such inspection(s). If the property Owner
or_Operator or Resident Agent demonstrates to the satisfaction of the City
enforcement officer or his or her agents that one or more Tenants have
been notified of and consented to the inspection of their Rental Dwelling
Units, individual contacts by the City with those Tenants may be deemed
unnecessary. Without such demonstration by the Owner or Operator or
Resident Agent, the City will contact the Tenant in order to obtain consent
for an inspection at least 72 hours before such inspection(s). The Owner
or Operator or Resident Agent must be present for the License Inspections,
unless it is a Complaint Inspection.
When scheduling Complaint Inspections, if the request for inspection falls
under Minnesota Statutes section 504B.185, as amended, the City will
comply with that statute.
8. If the City is unsuccessful in securing consent for an inspection pursuant to
this section, the City shall seek permission, from a judicial officer through
an administrative warrant, for its enforcement officer to conduct an
inspection. Nothing in this Code shall limit or constrain the authority of the
judicial officer to condition or limit the scope of the administrative warrant.
If the City is unsuccessful in obtaining an administrative warrant, the City
may issue a Temporary Permit. If the City conducts an inspection during
the permitting period and determines that the Rental Dwelling Unit and its
Premises conform to the HMC, an Operating License may be issued. If the
City conducts an inspection during the permitting period and determines
that the Rental Dwelling Unit and its Premises do not conform to the HMC,
the City enforcement officer may issue a compliance order and/or
recommend that the permit be suspended or revoked consistent with this
section. In any event, a Temporary Permit will only be valid for one year
from the date of issuance and shall expire at the end of the one year,
unless it expires at an earlier date because the permit is suspended,
revoked, or because an Operating License is issued. An Owner of a
Rental Dwelling Unit must apply for an Operating License from the City at
least 60 days prior to the Temporary Permit expiration date if the Owner
intends to continue to maintain, operate, let, or cause to be let the Rental
Dwelling Unit.
9. The scope of a License Inspection shall be limited to what is necessary to
determine in accordance with this subdivision whether the Rental Dwelling
Unit and its Premises conform to the HMC. This shall not preclude the City
enforcement officer from relying upon observations from a License
Inspection in seeking one or more of the remedies provided in Section
4.04, Subd. 4. Inspections may include all exterior structures and exterior
property areas. Each Rental Dwelling Unit in a multiple unit Rental
Dwelling will be inspected.
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10. A License Inspection must be scheduled during ordinary business hours (or
may be otherwise arranged with the Owner or Tenant). Owners or their
Operators or Resident Agents must be present for the License Inspection.
Owners or their Operators or Resident Agents may identify at least three
dates and times when they agree to be present within the two weeks
following the date they were notified that an inspection would occur, if the
pre -scheduled date provided by the City is not feasible.
11. During inspections conducted pursuant to an administrative warrant,
photographs and video recordings may not be taken of areas inside the
Building, absent further court permission or consent of the Tenant (for
areas inside the Rental Dwelling Unit) or the Owner (for areas inside the
Building but outside a Tenant's Rental Dwelling Unit, and areas inside an
unoccupied/vacant Rental Dwelling Unit).
12. Inspectors are not authorized to open containers, drawers, or medicine
cabinets, unless the containers, drawers, or medicine cabinets are opened
with the consent of the Tenant (for areas inside the Rental Dwelling Unit) or
the Owner (for areas inside the Building but outside a Tenant's Rental
Dwelling Unit, and areas inside an unoccupied/vacant Rental Dwelling
Unit). For purposes of this paragraph, a medicine cabinet is a covered
cabinet located above a sink in a Rental Dwelling Unit's bathroom.
13. Inspectors are authorized to open cabinets (other than medicine cabinets)
or closets only when because of their location, those closets or cabinets,
when unopened, appear to contain one or more water or waste water
pipes, or fuses, or exposed electrical wiring, and it is reasonably necessary
in order to inspect for the existence of one or more conditions that
potentially violates the HMC, or when the cabinets or closets are opened
with the consent of the Tenant (for areas inside the Rental Dwelling Unit) or
the Owner (for areas inside the Building but outside a Tenant's Rental
Dwelling Unit, and areas inside an unoccupied/vacant Rental Dwelling
Unit).
14. The information regarding the condition of the Building or Rental Dwelling
Unit, or its Owners or Tenants that inspectors retain after recording it in any
inspection logs or forms shall be limited to descriptions of conditions
constituting a violation of the HMC. Inspectors may record a list of
conditions that the Owner or Tenant is encouraged to repair or change but
which do not constitute a violation of the HMC, if that list is not retained by
the inspector or City but is instead simply given to the Owner or Tenant.
15. The City may not upload to a GIS system any data classified under
Minnesota law as private, nonpublic, or confidential regarding the results of
inspections conducted pursuant to this section.
16. The City will not share information regarding the condition of the Building or
Rental Dwelling Unit, or its Owners or Tenants obtained through
inspections conducted pursuant to this section with any current member of
the Red Wing Police Department or former member of that Department not
serving as a housing inspector for the City, any sheriff's office, or any law-
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enforcement agency of another jurisdiction, or enable their discovery by
such person or agency, unless:
(a) such disclosure is required by law; or
(b) such disclosure to such person or agency is needed to abate an active
or inactive methamphetamine lab, mistreatment of one or more minors
in violation of Minn. Stat. sections 609.377 or 609.378, or chapter 260E,
mistreatment of one or more vulnerable adults in violation of Minn. Stat.
sections 609.23 through 609.233, 626.557, or mistreatment of one or
more animals in violation of Minn. Stat. section 343.21; while such
disclosures are permitted, the City is not obligated to disclose such
information unless disclosure is required by law; or
(c) if an Owner or Tenant of a Building or Rental Dwelling Unit has made
an express or implied threat of bodily harm, causing the inspector to be
concerned for his or her welfare, and the disclosure is made for the
purpose of enabling one or more law enforcement officers to
accompany the inspector in the completion of the inspection or the full
performance of his or her duties.
The City will not share information regarding the condition of the Building or
Rental Dwelling Unit, or its Owners or Tenants obtained through
inspections conducted pursuant to this section with any current or former
member of a non -law -enforcement agency (not including the Red Wing City
Government, Red Wing City Attorney, or a court), or enable their discovery
by such person or agency, unless such disclosure is required by law.
Notwithstanding the foregoing, the City may, as permitted by law, share
health and safety information regarding the conditions of the Building and
Rental Dwelling Unit, and its Owners and Tenants obtained through
inspections conducted pursuant to this section with the Goodhue County
public health division.
D. Inspection Not Required. Inspection for the issuance or renewal of a license
may be waived by the City if the Owner of a Rental Dwelling Unit is the Red
Wing Housing and Redevelopment Authority with inspections required by State
or Federal regulations and with inspections that are at least as stringent as the
inspection required under this section. For newly constructed or reconstructed
Rental Dwelling Units, inspection for the issuance or renewal of a license may
be waived by the City if the Owner proves that within the previous 36 months
the Rental Dwelling Unit passed an inspection required by the City that is at
least as stringent as the inspection required under this section. For newly
constructed or reconstructed Rental Dwelling Units, the date from which the
City issued a Temporary or Final Certificate of Occupancy (CO) shall establish
the 36-month period. A CO issued within six months after January 1 shall
begin on the previous January 1, and a CO issued within six months prior to
January 1 shall begin on the following January 1. The City has sole discretion
to determine when an inspection is at least as stringent as the inspection
required under this section. Inspections conducted as the result of a complaint
made to the City may not be waived under this provision.
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E. Application Contents. Owners of one or more Rental Dwelling Units who have
not yet received an Operating License are responsible for applying with the
City for an Operating License. An application (including a renewal application)
must be submitted to the City on the form furnished by the City. Before any
portion of a property is used as a Rental Dwelling Unit, the Owner must first
secure an Operating License. With the application, the Owner must supply the
following information, and update such information within ten days of any
change to ensure that it is accurate and current:
Name, address, telephone number,
Unit Owner, owning partners if a
partnership), corporate officers if
corporation);
and e-mail address of Rental Dwelling
partnership (and indicate that it is a
corporation (and indicate that it is a
2. Name, address, telephone number, and e-mail address of designated
Operator or Resident Agent, if any;
3. Name, address, and telephone number of vendor, if the Rental Dwelling
Unit is being sold through a contract for deed;
4. Legal address of the Rental Dwelling Unit;
5. Number of Rental Dwelling Units within the Building, including unit size and
number of bedrooms and number of bathrooms for each Rental Dwelling
Unit; and
6. At least one emergency telephone number.
F. Following Acquisition. An Owner must register a newly acquired Rental
Dwelling Unit within ten days after acquiring it by applying for an Operating
License.
G. Following Conversion. An Owner of an Owner -Occupied Dwelling or a
Dwelling Unit that has been converted into a Rental Dwelling Unit must register
the newly converted Rental Dwelling Unit within ten days after converting it by
applying for an Operating License.
H. License Fees. License fees shall be filed with the application or renewal
application. A license fee paid later than 30 business days after the prescribed
date is subject to an additional administrative service charge as determined by
the City Council. The licensee is not entitled to a refund of any license fee
upon revocation or suspension, or transfer of ownership of the Rental Dwelling
Unit. License fees shall be as established by the City Council.
Resident Agent Required. A license or permit may not be issued or renewed
for a nonresident Owner of Rental Dwelling Units (one who does not reside in
any of the following Minnesota or Wisconsin counties: Goodhue, Dakota, Rice,
Wabasha, Hennepin, Washington, Ramsey, Olmsted, Pierce, or St. Croix)
unless such Owner designates in writing to the City enforcement officer the
name, address, telephone number, and e-mail address of his Resident Agent
(one who does reside in any of the following Minnesota or Wisconsin counties:
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Goodhue, Dakota, Rice, Wabasha, Hennepin, Washington, Ramsey, Olmsted,
Pierce, or St. Croix) who is responsible for maintenance and upkeep and who
is legally constituted and empowered to receive service of notice of violation of
the provisions of the City Code and to receive orders or process pursuant to
law. The City enforcement officer must be notified in writing of any change of
Resident Agent or Resident Agent address, telephone number, or e-mail
address within 10 days of the change. This Resident Agent requirement may
be waived if, in the City enforcement officer's determination, the Owner not
living in one of the above specified counties is nonetheless sufficiently
accessible for the purposes of the HMC.
Additional Requirements. The City may require educational training or
participation in programs related to the license.
K. Posting of Permit or License. The current permit or license of a multiple unit
Rental Dwelling Unit, or a legible copy thereof, must be conspicuously posted
in the main entry way or a conspicuous exterior location of the respective
multiple unit Rental Dwelling Unit. In the case of one -family and two-family
Rental Dwelling Units, a legible copy of the current permit or license must be
given to the renter(s) of each Rental Dwelling Unit.
L. License Not Transferable. A permit or license is not transferable to another
person, entity, or to another Rental Dwelling. Every person or entity holding a
permit or license must give notice in writing to the City enforcement officer
within ten days after having legally transferred or otherwise disposed of the
legal control of any permitted or licensed Rental Dwelling. The notice must
include the name, address, and telephone number of the person succeeding to
the ownership or control of such Rental Dwelling(s). The person succeeding to
the ownership or control of the Rental Dwelling(s) must obtain an Operating
License in order to continue operating the Rental Dwelling(s).
M. Violation. Any person or entity that maintains, operates, lets, or causes to be
let a Rental Dwelling Unit without having a valid permit or license, or permits
new occupancy in violation of this subdivision, shall, upon conviction thereof,
be guilty of a misdemeanor and subject to a fine and imprisonment as
prescribed by state law. In addition to, or in lieu of, charging a misdemeanor,
the City may impose administrative fees in amounts set in the City Fee
Schedule. An administrative fee may be appealed pursuant to Subd. 4,
paragraph F of this section. Upon the loss of an appeal or the failure to appeal
an administrative fee within ten business days after receipt of the invoice
documenting the administrative fee, the City may post the Rental Dwelling Unit
as illegal for habitation. Thereafter, the Dwelling Unit may not be occupied by
anyone other than the primary homestead Owner and that person's immediate
family (as described in Subd. 3, paragraph B) until (a) the administrative fee
has been paid and (b) a rental license is obtained or the City is satisfied that
the Dwelling Unit will not be used as a Rental Dwelling Unit. Each day of each
violation constitutes a separate offense.
Subd. 4. Administration and Enforcement.
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A. Administration and Enforcement. The City enforcement officer and his or her
agents administer and enforce the provisions of the HMC. They may enforce
the standards of the HMC through the license programs set forth in Subd. 3
and, where appropriate, through the powers set forth below.
B. Authority. In the absence of a timely appeal under Subd. 4, paragraph F or
any other applicable provision of law, the City enforcement officer is the final
authority in the determination of a violation under the HMC, with the exception
of permit or license denials, nonrenewals, suspensions, and revocations. The
City Council is the final authority with regard to permit or license denials,
nonrenewals, suspensions, and revocations.
C. Compliance Order. Whenever a City enforcement officer determines that any
Rental Dwelling Unit, or the Premises surrounding any of these, fails to meet
the provisions of the HMC, the City enforcement officer may issue a
compliance order setting forth the violations of the HMC and ordering the
Owner, Occupant, or Operator or Resident Agent to correct such violations.
The compliance order must:
1. Be in writing;
2. Describe the location and nature of the violations of the HMC;
3. Establish a reasonable time, not to exceed 45 days and any extensions
granted by the City (the total time period allowed may not exceed 90 days),
for the correction of such violations, except as outlined below.
(a) When a violation of the HMC constitutes an imminent peril to life,
health, or property, an immediate and exact time for the correction of
the violation constitutes a "reasonable time" for correction for purposes
of this paragraph 3. When this is the case, no stay of proceedings in
furtherance of action will be granted on appeal.
(b) A reasonable time may be longer than 90 days if correction is not
possible because of prevailing weather conditions or other unusual
circumstances;
4. Include information regarding the Owner's right to appeal the order and the
procedure to be followed in filing such an appeal pursuant to Section 4.04,
Subd. 4, paragraph F;
5. State that if the violations are not corrected within the time set in the
compliance order, the license or permit may be suspended or revoked, the
Operating License may be not renewed, or the necessary work may be
performed by the City at the expense of the Owner and if the Owner does
not pay for the expense, the cost of the work will be assessed against the
property; and
6. Be served on the Owner or his Operator or Resident Agent or the
Occupant, as the case may require. Such notice shall be deemed to be
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properly served on such Owner or Operator or Resident Agent, or on any
such Occupant, if a copy thereof is:
(a) Served personally; or
(b) Deposited in the U.S. Post Office addressed to his or her last known
address with postage prepaid; and
(c) In addition to paragraphs 6(a) or 6(b), the notice may be posted at a
conspicuous place in or about the Rental Dwelling Unit or the Premises
which is affected by the notice.
D. Emergency Cases. For purposes of paragraph C(3) above, situations
which constitute an imminent peril to life, health, or property include, but
are not limited to the following:
1. Heating systems that are Unsafe as defined in Section 4.03, Subd. 4
due to having burned out or rusted out heat exchanges (fire box);
having burned out or plugged flues; not being vented; being connected
with unsafe gas supplies; or being incapable of adequately heating the
living space.
2. Water heaters that are Unsafe as defined in Section 4.03, Subd. 4 due
to having burned out or rusted out heat exchanges (fire box); having
burned out, rusted out, or plugged flues; not being properly vented;
being connected with unsafe gas supplies; or lacking temperature and
pressure relief valves.
3. Electrical systems that are Unsafe as defined in Section 4.03, Subd. 4
due to: dangerous overloading; damaged or deteriorated equipment;
improperly tapped or spliced wiring; improper or overloaded fuses;
exposed uninsulated wires; unsafe distribution systems of extension
cords or other temporary methods; ungrounded appliances located in a
hazardous condition.
4. Plumbing systems that are not Sanitary due to:
(a) leaking waste systems fixtures and traps;
(b) lack of a water closet (toilet);
(c) lack of washing and bathing facilities; or
(d) cross connection of a pure water supply with fixtures or sewage
lines.
5. Structural systems, walls, chimneys, ceilings, roofs, foundations, and
floor systems that are Unsafe as defined in Section 4.03, Subd. 4.
6. Refuse, garbage, human waste, decaying vermin or other dead
animals, animal waste, and other materials that are not Sanitary.
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7. Infestation of rodents, insects, and other vermin.
E. Follow-up Inspection. At the end of the period allowed for the correction of
a violation specified in the compliance order, the City enforcement officer
shall make a follow-up inspection of the Rental Dwelling Unit and/or its
Premises to determine whether corrective actions have been sufficient to
bring the violation(s) into compliance.
1. If the Rental Dwelling Unit and its Premises are in compliance with the
requirements of this section at the time of the follow-up inspection as
determined by the City enforcement officer, a license may be issued in
accordance with the requirements of Section 4.04.
2. If the City enforcement officer determines that the violation(s) has not
been corrected and the Rental Dwelling Unit(s) has not been vacated,
the City enforcement officer may recommend that the City Council
suspend or revoke any existing permit or license or not renew any
existing Operating License, and the City Council may suspend or
revoke said permit or license or decline to renew said Operating
License. The City enforcement officer also may issue a citation,
pursuant to Section 1.12, Subd. 2, or may file a formal complaint
summoning the responsible party into court. The citation shall reiterate
the charge and the ordinance section(s) violated. The City may also
take action to correct violations under the provisions of Section 4.04,
Subd. 4, paragraph G.
F. Appeal of Compliance Order.
Right of Appeal. Any person aggrieved by a compliance order may
appeal the compliance order to the City Council. Such appeals must be
in writing, must specify the grounds for the appeal, must be
accompanied by a filing fee in cash or cashier's check, and must be
filed with the City Clerk within ten business days after service of the
compliance order. If an appeal is not filed within the timelines and in
the manner specified herein, the City enforcement officer's decision
shall be final. The filing fee is set by City Code Section 6.04 and
Council resolution pursuant to that section. The filing of an appeal shall
stay all proceedings in furtherance of the action appealed from, unless
such a stay would cause imminent peril to life, health, property or public
safety.
2. City Council Decision. Upon at least five business days' notice to the
appellant of the time and place for hearing the appeal, and within
30 days after said appeal is filed, the City Council or the individual or
committee designated by the Council as the appeal body, must hold a
hearing thereon, at which there will be a presentation of evidence by
the City or its representative to support the compliance order and the
appellant and their representative may appear and present evidence as
to why the compliance order, or any portion thereof, should not be
issued. If an individual or committee other than the City Council hears
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the appeal, it shall make a recommendation to the City Council. The
City Council shall issue a written decision on the appeal. The City
Council may reverse, modify, or affirm, in whole or in part, the
compliance order and shall order return of all or part of the filing fee if
the appeal is upheld. The City Council or appeal committee or
individual may postpone a hearing and hold the hearing at a later date,
not to exceed 60 days after the appeal is filed, for good cause.
G. Execution of Compliance Orders by Public Authority. Upon the failure to
comply with a compliance order within the time set therein, the Rental
Dwelling Unit(s) not being vacated, and no appeal having been taken or an
appeal having been lost, the criminal penalty established hereunder
notwithstanding, the City Council may by resolution direct the City
enforcement officer to remedy the deficiency (deficiencies) cited in the
compliance order. The cost of such remedy shall be a lien against the
subject real estate and may be levied and collected as a special
assessment in the manner provided by Minnesota Statutes, Chapter 429.
Such action will not be taken, however, without a good faith effort on the
part of the City to provide the property Owner with advance notice of its
intention to proceed with repairs and assessment of the costs of repairs to
taxes.
H. Penalties. Any person who fails to comply with a compliance order within
the time limits specified therein shall, upon conviction thereof, be guilty of a
misdemeanor and subject to a fine or, in severe cases, imprisonment as
prescribed by state law. Each day of such failure to comply constitutes a
separate offense.
Permit or License Denial, Nonrenewal, Suspension, and Revocation
Generally. In the event that a license is denied by the City Council, or a
license or permit is suspended or revoked by the City Council, or an
Operating License expires without renewal, it is unlawful for the Owner
or his duly authorized Operator or Resident Agent to thereafter permit
any new occupancy of vacant or thereafter vacated Rental Dwelling
Units until such time as a valid license or permit may be obtained or
restored by the City Council.
2. Denial or Nonrenewal. A City enforcement officer may recommend
denial of a license to the City Council or nonrenewal of an Operating
License to the City Council. A denial of a license or nonrenewal of an
Operating License does not prevent an Owner from applying or
reapplying for a license for that same Rental Dwelling Unit. A denial or
nonrenewal may, however, state conditions of reapplication. The
process for denial of a license or nonrenewal of an Operating License
based on an outdated, incomplete, or inaccurate application is to inform
the Owner of the issue and to provide the Owner with a reasonable
opportunity to submit a current, complete, and accurate application.
3. Suspension or Revocation. A City enforcement officer may recommend
suspension or revocation of a permit or license to the City Council. At
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any time during a permitting or licensing period, if a Rental Dwelling
Unit does not comply with the requirements of this section, the permit or
license may be brought forth to the City Council for consideration of
suspension or revocation.
(a) Licenses and permits may be suspended for up to 90 calendar
days. After the period of suspension, a license or permit may be
reinstated or issued by the City Council subject to compliance with
this section and all conditions imposed by the City Council at the
time of suspension. After a suspension, the Owner may pay a
follow-up inspection fee and request a follow-up inspection and
reinstatement or issuance of a license or permit. If, after the follow-
up inspection, the City Council determines that the violation(s) has
been corrected and the Rental Dwelling Unit(s) and its Premises
comply with the HMC, the license or permit may be reinstated or
issued. Fees for a follow-up inspection may apply as outlined in the
City Fee Schedule.
(b) Licenses that are revoked will not be reinstated until the Owner has
applied for and secured a new license consistent with this section
and has complied with all conditions imposed at the time of
revocation. Permits that are revoked may be reinstated by the City
Council subject to compliance with this section and all conditions
imposed by the City Council at the time of revocation. Upon a
decision to revoke, no approval for any license or permit for the
same Rental Dwelling Unit will be effective until after the period of
time specified in the City Council's revocation, which shall not
exceed one year. The City Council shall specify in its revocation
the date when an application for a new license will be accepted for
processing or a permit may be issued.
4. Grounds. The City Council may deny any license, suspend or revoke
any permit or license, or decline to renew any Operating License upon
any of the following grounds. The following list is not exhaustive or
exclusive:
(a) Failure to provide a current, complete, and accurate application.
Failure to provide updated application information during the permit
or license period.
(b) False statements, misrepresentations, or fraudulent statements on
any application or other document required by this section to be
given by the applicant, permitee, or licensee.
(c) Failure to pay any fees or penalties required by this section or
Council resolution.
(d) Failure to pay any delinquent real estate taxes, property taxes,
assessments, or utility charges owed to the City; any outstanding
fees, fines, or penalties owed to the City; and any other financial
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claims due to the City as required by the City Code or Council
resolution.
(e) Leasing Rental Dwelling Units without a valid Temporary Permit,
Temporary License, or Operating License or leasing Rental
Dwelling Units that have suspended or revoked licenses or permits.
(f) Failure of a Rental Dwelling Unit or its Premises to comply with the
provisions of the HMC, the City Code, and the laws of the State of
Minnesota or failure to operate, let, cause to be let, or maintain a
Rental Dwelling Unit and its Premises consistent with the provisions
of the HMC, the City Code, and the laws of the State of Minnesota.
(g) Failure to correct violations of the HMC in the time period specified
in the compliance order.
(h) Failure to continuously comply with any condition required of the
applicant, permitee, or licensee for the approval or maintenance of
a permit or license.
(i) Failure to eliminate imminent perils to life, health, or property as
determined by the City, leasing Rental Dwelling Units that are
deemed hazardous or unsafe, or leasing Rental Dwelling Units
within a Building that is deemed hazardous or unsafe.
0) Any other violation of this section.
5. Written Notice. Prior to a denial, nonrenewal, suspension, or
revocation by the City Council, the City enforcement officer shall send
written notice to the Owner specifying the grounds upon which the
proposed denial, nonrenewal, suspension, or revocation is based; the
facts supporting those grounds; the Code or law violations with which
the Owner is accused; and the affected Rental Dwelling Unit. The
notice shall also specify that the proposed denial, nonrenewal,
suspension, or revocation will be considered at an upcoming hearing;
the place, time, and date for the hearing before the City Council or the
individual or committee designated by the Council as the hearing body,
which shall be not less than ten days from the date of the notice; and
specify the Owner's right to be present and represented by counsel.
The written notice shall be served as provided in Subd. 4, paragraph
C(6).
6. Hearing. At the hearing before the City Council or the individual or
committee designated by the Council as the hearing body, there will be
a presentation of evidence by the City or its representative to support
the proposed denial, nonrenewal, suspension, or revocation. This
includes presenting evidence through witnesses and confronting and
cross-examining opposing witnesses. The Owner or their
representative will be given an opportunity to respond to the proposed
denial, nonrenewal, suspension, or revocation and may submit and
present evidence on the Owner's behalf. This includes presenting
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evidence through witnesses and confronting and cross-examining
opposing witnesses. If an individual or committee hears the matter, it
shall make a recommendation to the City Council. The City Council
shall issue a written decision on the matter, including the reasons for its
decision, based on the evidence adduced at the hearing. The Council
may reverse, modify, or affirm, in whole or in part, the proposed denial,
nonrenewal, suspension, or revocation. The Council, hearing
committee, or individual may postpone a hearing and hold the hearing
at a later date, not to exceed 60 days after the scheduled hearing date,
for good cause.
J. No Warranty by City. By enacting and undertaking to enforce the HMC,
neither the City nor its Council, agents or employees warrant or guarantee
the safety, fitness or suitability of any Rental Dwelling Unit in the City.
Owners and Tenants 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
permit and license.
SECTION 4.05. UNSAFE AND HAZARDOUS BUILDINGS,
STRUCTURES AND EXCAVATION.
Subd. 1. Hazardous Building And Excavations Prohibited. It is unlawful
for the owner of premises to allow a hazardous building or hazardous excavation
thereon. Each day such condition is permitted shall constitute a separate offense.
For the purpose of this Section, the terms "owner," "hazardous building," and
"hazardous excavation" shall have the meanings and usages ascribed to them in
Minnesota Statutes, Sections 463.15 through 463.261 and as set forth in this
Section. Provided, that this Section shall not be the exclusive remedy, but the City
may proceed as the City deems appropriate under said statutory sections for
abatement and other remedies therein set forth, or under provisions of the
City Code. The filing of criminal charges hereunder or the conviction thereof shall
not prohibit, void, or nullify any abatement proceedings or other remedies available
to the City.
Subd. 2. Unsafe Buildings And Structures.
A. Definition and Abatement. All structures, whether the same be buildings
or otherwise, including hazardous buildings as defined in Minn.
Stat.§ 463.15, which are structurally unsafe or, when applicable, not
provided with adequate ingress and egress, or which constitute a fire
hazard, or are otherwise dangerous to human life, or which in relation to
existing use constitute a hazard to safety or health, or public welfare, by
reason of inadequate maintenance, dilapidation, unsanitary conditions,
physical damage, obsolescence, fire hazard, or abandonment; as
specified in the State Building Code, another provision of the City Code,
or any other law or regulation; are, for the purpose of this Section,
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unsafe structures. All such unsafe structures are hereby declared to be
public nuisances and shall be abated by repair, rehabilitation,
demolition, or removal in accordance with the procedure specified
herein.
B. Notice to Owner. The Building Official or designee shall cause to be
examined every structure or portion thereof which is dangerous or
damaged and, if such is found to be an unsafe structure, the City shall
give to the owner of such structure written notice stating the defects
therein, and shall, in detail, indicate the improvements or repairs to be
made and may state that if repairs and improvements are impractical
and not economically feasible so as to ultimately provide for the public
safety and health, that such structure shall be removed. This notice
may require the owner or person in charge of the structure or premises,
within 48 hours, to commence either the required repairs or
improvements or demolition and removal of the structure or portions
thereof, and all such work shall be completed within a reasonable period
of time as so stipulated in the notice by the City. Such notice may
require the structure, or portion thereof, to be vacated forthwith and not
reoccupied until the required repairs and improvements are completed,
inspected, and approved by the City.
Proper service of such notice shall be by personal service upon the
owner of record or by registered or certified mail, return receipt
requested. The designated period within which said owner is required to
comply with the order of the City shall begin as of the date of delivery
shown upon the return receipt, or the affidavit of service. If, in the event
of an emergency situation the City determines that to protect the public
interests of health and safety, precautions and/or repairs or removal must
be conducted immediately, the City shall order the immediate cordoning
off of any or all areas surrounding such structure causing the emergency
condition and shall notify the owner of record forthwith and order repairs
to be commenced immediately. In the event notice cannot be made
effective in sufficient time for the owner to abate the condition or properly
cordon off the area, the Building Official or designee shall order any
necessary precautions to protect the public and notice of such actions
shall be made on the owner of record forthwith. It is unlawful for any
person owning or controlling a structure within the City to deny access to
the City for purposes of this Section nor shall the City be liable for
trespass but the right of entry for the City shall be presumed to exist; and
if need be, the Building Official or designee is authorized to obtain a
search warrant or other court order mandating entry for the purposes of
this Section.
C. Hearing Procedure. Within twenty (20) days from the date of service,
any person upon whom the order is served may request a hearing by
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the City Council in compliance with such provisions relating to
administrative appeals contained in the City Code and by making such
request in writing to the Building Official or designee. If such a hearing
is requested, the execution of the order prepared by the City shall be
stayed and the time period as provided in the notice shall not commence
until such hearing has taken place and the order of the Council given.
(The requirements of this Subdivision, however, shall not infringe upon
the rights of the City in the event of an emergency as described in
Paragraph B of this Subdivision). If an emergency situation exists as
referenced in Paragraph B of this Subdivision, the hearing shall be held
forthwith and demand for such hearing must be made within fourteen
(14) days by the person upon whom notice is served following receipt of
such notice.
D. Posting of Signs. After the hearing or expiration of the time to request a
hearing, if requested by the owner, or in the event of an emergency
situation, the City shall cause to be posted at each entrance to said
structure, if any, and at other points the City deems appropriate, a notice
to read: DO NOT ENTER, UNSAFE TO OCCUPY, CITY OF RED
WING. Such notice shall remain posted until the required repairs,
demolition, or removal are completed. Such notice shall not be removed
without written permission of the Building Official or designee and no
person shall enter the structure except for the purpose of making the
required repairs or demolishing the structure.
E. Right to Demolish. In case the owner shall fail, neglect, or refuse to
comply with the notice to repair, rehabilitate, or to demolish and remove
said building or structure or portion thereof, the Council may order the
owner of the structure prosecuted for violation of the provisions of this
Section, or order the Building Official or designee to proceed with the
work specified in such notice or the demolition of such structure, or both.
F. Costs. The Building Official or designee shall keep an accurate account
of the expenses incurred in carrying out the order and of all other
expenses theretofore incurred in connection therewith. Such costs shall
be charged and assessed to the owner of the premises involved as a
special assessment and shall be collected in the manner ordered by the
Council provided for by special assessments.
G. Unlawful Act. It is unlawful for the owner of any property to suffer or
permit an unsafe building as defined herein to remain thereon. Each
day such condition is suffered or permitted shall constitute a separate
offense. In cases of multiple or corporate ownership, any person or
persons exercising ownership control, either individually or with others,
who refuses to order the action required herein shall be deemed to be
the owner causing the violation and subject to prosecution and
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conviction hereunder.
H. Secure Vacated Buildings. The owner of any dwelling, dwelling unit, or
rooming unit which is vacant for a period of six days or more, must make
same safe and secure so that it is not hazardous to the health, safety, or
welfare of the public and does not constitute a public nuisance. Any
vacant dwelling open at doors or windows, if unguarded, shall be
deemed a hazard to the health, safety, and welfare of the public and a
public nuisance within the meaning of this ordinance, and may be
secured by the City under the provisions of Minnesota Statutes, Section
463.251.
Standards for Boarded Openings. All boarding over windows, doors or
other openings shall be covered with '/2" or thicker CDX plywood that is
primed and painted to a light or matching color. The board(s) shall be
the minimum number of pieces needed to cover the opening, well cut to
fit and placed so there are no protruding edges. The board(s) shall be
mounted in such a manner or sealed at edges so that rainwater is shed
away from interior structural components. Fasteners shall be
galvanized or anodized finish and shall be placed at board corners and
then no further than 12 inches apart around the board perimeter.
Subd.3. Hazardous Excavations. If an excavation for building
purposes is left open for more than two months without proceeding with the
erection of a building thereon, whether or not completed, or if any excavation or
basement is not filled to grade or otherwise protected after a building is destroyed,
demolished, or removed, the City Council may order such excavation to be filled or
protected or in the alternative that erection of a building must begin forthwith if the
excavation is for building purposes. The order shall be served upon the owner by
personal service or by registered or certified mail, return receipt requested. If the
owner of the land fails to comply with the order within 15 days after the order is
served, the City Council shall order the excavation to be filled to grade or
protected. The Building Official or designee shall keep an accurate account of the
expenses incurred in carrying out the orders and of all other expenses theretofore
incurred in connection therewith. Such costs shall be charged and assessed to
the owner of the premises involved as a special assessment and shall be collected
in the manner ordered by the Council provided for by special assessments.
Subd. 4. Unfit for Human Habitation. Under the Local Public Health
Act, the Goodhue County Community Health Board (or its agent) has the
responsibility to order an owner or occupant of a property to remove or abate a
threat to the public health which is found on the property, such as a public health
nuisance (i.e., a garbage house), source of filth, or cause of sickness. Minn Stat.
§§ 145A.01-.17.
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SECTION 4.06. MANUFACTURED HOME PARKS.
Subd. 1. Definitions. The following terms, as used in this Section, shall
have the meanings stated:
A. "Closure Statement" — a statement prepared by the park owner
clearly stating that the park is closing, addressing the availability,
location, and potential costs of adequate replacement housing within
a 25 mile radius of the park that is closing and the probable
relocation costs of the manufactured homes located in the park.
B. "Displaced Resident" — a resident of an owner -occupied
manufactured home who rents a lot in a manufactured home park,
including the members of the resident's household, as of the date the
park owner submits a closure statement to the Planning
Commission.
C. "Lot" — an area within a manufactured home park, designed or used
for the accommodation of a manufactured home.
D. "Manufactured Home" — a structure transportable in one or more
sections, which in the traveling mode, is eight body feet or more in
width or 40 body feet or more in length, or, when erected on site, is
320 or more square feet, and which is built on a permanent chassis
and designed to be used as a dwelling with or without a permanent
foundation when connected to the required utilities, and includes the
plumbing, heating, air conditioning, and electrical systems contained
in it, and which complies with the manufactured home building code.
E. "Manufactured Home Park" — any site, lot, field or tract of land upon
which two or more occupied manufactured homes are located, either
free of charge or for compensation, and includes any building,
structure, tent, vehicle or enclosure used or intended for use as part
of the equipment of the manufactured home park, but do not include
facilities which are open only during three or fewer seasons of the
year.
F. "Manufactured Home Lot" — a parcel of land within a manufactured
home park for the placement of a manufactured home and the
exclusive use of its occupants.
G. "Manufactured Home Stand" — that part of a manufactured home lot
which has been reserved and designed for the placement of a
manufactured home and accessory structures.
H. "Accessory Service Building" — any structure erected or used for
residential purposes ancillary to the manufactured home.
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I. "Permit" — a written permit issued by the City allowing the
construction, alteration and extension of a manufactured home park
pursuant to provisions of this Section.
J. "Non -Conforming Uses" — a use lawfully in existence when it was
established and is not conforming in accordance with the current
regulations. Such use is not non -conforming if it could be authorized
under a Special Use Permit.
K. "Park Owner" — the owner of a manufactured home park and any
person acting on behalf of the owner in the operation or
management of a manufactured home park.
L. "Person" — any individual, corporation, firm, partnership, incorporated
and unincorporated association, or any other legal or commercial
entity.
Subd. 2. Other Provisions. In the construction, alteration or extension
of a manufactured home park all provisions of this Section and any other
applicable provisions of the City Code shall be met.
Subd. 3. Unlawful Acts. It is unlawful for any person to:
A. Park any manufactured home on any street, highway or other public
place.
B. Occupy any manufactured home located outside of a State licensed
manufactured home park where a licensed manufactured home park is
reasonably available in the general area, unless adequate sanitary and
water facilities are provided for occupants' use 24 hours each day. This
section shall not apply to manufactured home parks under Minnesota
Statutes, Section 327.23, Subd. 2.
C. A special permit may be issued for the temporary use of a manufactured
home as an office for a period not to exceed 180 days in connection with
legal construction of a continuing nature in accordance with a valid
building permit on that site. Not more than two such permits shall be
issued for the same location or site, except upon special permission of
the City Clerk upon a showing of good cause.
D. Construct, alter or extend any manufactured home park without a permit
for the proposed activity issued by the Council.
E. Operate or allow to exist any area for the use of dependent
manufactured homes, transient manufactured homes, travel trailers or
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campers in conjunction with a manufactured home park.
F. Use any part of any manufactured home park for non-residential
purposes, except such uses that are required for the direct servicing and
well being of manufactured home park residents and for the
management and maintenance of the manufactured home park.
G. Sell, or offer for sale, manufactured homes in any manufactured home
park without following the requirements of Minnesota Statutes, Sections
327.32, 327C.07, and all other applicable laws.
H. This Subdivision shall not be construed to prohibit the use of a
manufactured home as an accessory building as specified in the Zoning
Chapter as an interim conditional use.
Subd. 4. Manufactured Home Park Requirements.
A. Caretaker. A responsible attendant or caretaker shall be in charge of
every manufactured home park at all times and the duty of said
attendant or caretaker shall be to maintain the manufactured home park,
its facilities, and equipment in a clean, orderly, and sanitary condition.
The caretaker or attendant shall be the owner or operator of the
manufactured home park or the camping area, or that person's
appointed representative. In any manufactured home park containing
more than 50 lots, the attendant, caretaker, or other responsible park
employee shall be readily available at all times in case of emergency.
B. Conditions. Condition of soil, ground water level, drainage and
topography shall not create hazards to the property or the health or
safety of the occupants. The site shall not be exposed to objectionable
smoke, noise, odors or other adverse influences, and no portion subject
to unpredictable or sudden flooding, subsidence or erosion shall be
used for any purpose which would expose persons or property to
hazards.
C. Site Planning. Site planning should adapt to individual site conditions,
reflect advances in site planning techniques, and be adopted to the
trends in design of the manufactured home itself. An informal park type
of site planning which conforms to existing terrain, existing trees, shrubs
and rock formations is preferred and other natural site features shall be
preserved to the extent practical. Favorable views or outlooks should be
emphasized by the plan. Service facilities throughout the manufactured
home park such as recreation buildings, laundry facilities, drying yards,
storage facilities and recreation areas shall be arranged on a functional
basis to provide convenient access from all manufactured home stands.
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D. Design. The site, including manufactured home stands, patios,
structures and all site improvements shall be harmoniously and
efficiently organized in relation to topography, the shape of the plot and
the shape, size and position of structures and common facilities and with
full regard to use, appearance and livability. Special attention should be
given to new manufactured home designs and the common
appurtenances that are available.
E. Ground Area. Exposed ground surfaces in all parts of every
manufactured home park shall be protected with a vegetable growth, or
covered with stone screenings, or paved, or covered with other solid
material that is capable of preventing soil erosion and of eliminating
objectionable dust. The manufactured home site shall be sodded.
F. Drainage. The ground surface in all parts of every manufactured home
park shall be graded and equipped to drain all surface water in a safe,
efficient manner. No wastewater from manufactured homes shall be
deposited on the surface of the ground.
G. Number. There shall be a maximum of five manufactured homes per
gross acre of manufactured home park area. An accessory structure
such as an awning, cabana, storage cabinet, carport, windbreak, or
porch which has a floor area exceeding 25 square feet, and has a top or
roof, shall, for purposes of all separation requirements or covered land
area be considered to be part of the manufactured home.
H. Park Size. There shall be a minimum area requirement of 20 acres with
a minimum width of 200 feet for any manufactured home park and a
maximum of 55 acres for any manufactured home park. No
manufactured home park shall be contiguous to or abutting another
manufactured home park.
Recreation. In all manufactured home parks accommodating or
designed to accommodate 25 or more manufactured homes there shall
be constructed and maintained one or more recreation areas which shall
be easily accessible to all park residents. The size of such recreation
areas shall be based upon a minimum standard of 500 square feet for
each manufactured home. Recreation areas shall be so located as to
be free of traffic hazards and should when the topography permits, be
centrally located, shall provide suitable recreation equipment and shall
be kept in good repair. Laundry or service buildings are not considered
part of recreation facilities unless specifically equipped for recreation
purposes. Facilities in recreation areas shall be provided for both active
and passive functions.
J. Boundary Lines. All manufactured homes shall be located at least 30
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feet from any manufactured home park boundary line, including ones
abutting upon a public street or highway.
K. Distance. There shall be a minimum distance of 25 feet between an
individual manufactured home and adjoining pavement of a
manufactured home park street, or common parking area or other
common areas.
L. Landscape. All manufactured home parks shall be provided with
landscape screening such as fences or natural growth along any
property boundary line sufficient to permit complete privacy for the
residents of the manufactured home park and to protect interests of
adjacent landowners.
M. Separation. Manufactured homes shall be separated from each other
and from other buildings and structures by at least fifteen feet provided
that manufactured homes placed end -to -end may have a clearance of
ten feet where opposing rear walls are staggered. (This requirement
may be waived or relaxed by the Council to permit grouping of
manufactured homes into courts or other appropriate arrangements.)
N. Accessory Structure. Any accessory structure which has a horizontal
area exceeding 25 square feet, is attached to a manufactured home or
located within ten feet of its window, and has a top or roof that is higher
than the nearest window shall, for purposes of all separation and
covered area requirements, be considered to be part of the
manufactured home.
O. Sanitary Sewers. All sewage and other water carried wastes shall be
discharged into a municipal sewage system whenever available. When
a municipal sewage system is not available, a sewage disposal system
acceptable to the state commissioner of health shall be provided. Each
manufactured home stand shall be treated as a separate service in
calculating sanitary sewer connection and service charges.
P. Access. Access to manufactured home parks shall be designed to
minimize congestion and hazards at the entrance or exit and allow free
movement of traffic on adjacent streets. The entrance road connecting
the manufactured home park streets with a public street or road shall
have a minimum road pavement width of 40 feet. Where only one
access road is provided an emergency access shall be provided to
permit ingress or egress of emergency fire and ambulance equipment in
the event the main access is blocked. No parking shall be permitted on
the manufactured home park entrance street for a distance of 100 feet
from its point of intersection with the public street.
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Q. Streets. Internal streets shall be hard surface of adequate width to
accommodate anticipated traffic and shall meet the following minimum
requirements:
1. All streets shall have a minimum width of 30 feet back to back on
curb.
2. Dead end streets shall have cul-de-sac having an outside diameter
of at least 75 feet. Such streets shall not exceed 150 feet in length
not including the turn -around.
3. All manufactured home parks shall be furnished with lighting units so
placed and equipped with luminaries placed at such mounting
heights as will provide the following average levels of illumination for
the safe movement of pedestrians and vehicles at night: (a) All parts
of the manufactured home park street systems: 0.2 foot-candle; (b)
Service buildings and other general use areas: 0.4 foot-candle; (c)
Potentially hazardous locations, such as major street intersections
and steps or stepped ramps: 0.6 foot-candle; (d) Interior walkway
areas: 0.1 foot-candle.
4. All streets shall be provided with a paved concrete or bituminous
surface of sufficient quality to meet the standards of the Minnesota
Highway Department Specifications for a seven ton axle load. All
streets shall be equipped with concrete curb and gutter specification
B-618 of the Minnesota Highway Department Standards. All streets,
walks, water lines, sewer mains, recreation areas and other general
use facilities within the manufactured home park shall remain the
property of the manufactured home park owner for the purposes of
cleaning, snow removal, repair, replacement and maintenance.
5. All streets established in any manufactured home park shall be
subject to the applicable traffic and safety statutes and ordinances of
any governmental body having jurisdiction and shall be subject to the
control of the police enforcement power of the State, County and
City.
R. Parking. Off-street parking areas shall be provided in all manufactured
home parks for the use of park occupants and guests and required
vehicle parking spaces shall be so located as to provide convenient
access to the manufactured home. Such areas shall be furnished at the
rate of at least two car spaces for each manufactured home lot.
Additional off-street parking spaces shall be provided at the office,
laundry building, recreation building, and other general use sites within
the manufactured home park.
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S. Storage. All boats, boat trailers, hauling trailers, snowmobiles and other
equipment not stored within the manufactured homes or the utility
enclosure that may have been provided shall be stored in a separate
place provided by the manufactured home park owner and not upon the
lots occupied by manufactured homes or upon the streets within the
manufactured home park.
T. Walks. A walk system shall be provided and maintained between
locations where pedestrian traffic is concentrated and to community use
areas. In addition a walkway shall be provided from the vehicle parking
place to each manufactured home stand.
U. Manufactured Home Stands and Lots.
1. All manufactured homes must comply with the requirements of the
Manufactured Home Building Code.
2. At least one shade tree (minimum of a 6' whip) shall be placed and
maintained near each manufactured home stand.
3. Enclosed storage lockers for garden tools and other such equipment
may be provided by either the manufactured home owner or the
State licensee adjacent to the manufactured home or at such other
place in the manufactured home park as to be convenient to the unit
for which it is provided. These lockers shall be no larger than 63
square feet, and shall be compatible with the surroundings and
adjacent structures.
4. Cooking shelters, barbecue pits, fireplaces, wood -burning stoves,
and incinerators shall be so located, constructed, maintained and
used as to minimize fire hazards and smoke nuisances both on the
property on which used and on neighboring property. Incinerators
shall be of a type acceptable to the Minnesota Pollution Control
Agency. No open fire shall be permitted except in facilities provided.
No open fire shall be left unattended. No fuel shall be used or
material burned which emits dense smoke or objectionable odors.
Nothing in this Subdivision is to be construed to permit open burning.
5. A patio shall be constructed on the ground beside each
manufactured home stand. This patio shall be no less than 200
square feet in area and constructed of concrete with 4" minimum
thickness or an alternative material approved by the Building Official.
V. Structural Requirements.
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1. All manufactured homes shall meet the construction, plumbing,
electrical and mechanical standards of the State of Minnesota and
the City.
2. No manufactured home may be inhabited by a greater number of
occupants than that for which it was designed.
3. Skirting shall be used on all manufactured homes and shall be
compatible with the manufactured home design.
4. Each manufactured home owner shall provide each manufactured
home with a fire marshal approved extinguisher, kept in constant
usable condition.
W. Utilities.
1. All utilities shall be provided through underground service, including
water, electricity, telephone, television cable, and fuel for heating.
No outside tanks or overhead wiring shall be permitted.
2. Water facilities and sewage collection facilities shall be installed and
maintained by the manufactured home park owner and shall be
constructed in accordance with the laws of the State of Minnesota,
the recommendation of the State Health Department and the
requirements of the City Code. For purposes of water and sewer
service, each manufactured home stand shall be regarded as a
separate unit.
3. Fire hydrants meeting standards of the City shall be provided and
shall be located within 500 feet of any manufactured home, service
building, or other structure in the manufactured home park. Water
mains within the manufactured home park shall be of sufficient size
to provide adequate water for firefighting purposes.
X. Responsibilities of the Manufactured Home Park Management.
1. The State licensee of a manufactured home park shall operate the
manufactured home park in compliance with this Section and shall
provide adequate supervision to maintain the manufactured home
park and its facilities and equipment in good repair and in a clean
and sanitary condition.
2. The manufactured home park management shall notify
manufactured home park occupants of all applicable provisions of
this Section and inform them of their duties and responsibilities under
this Section.
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3. The manufactured home park management shall supervise the
placement of each manufactured home on its manufactured home
stand which includes securing its stability and installing all utility
connections.
4. The manufactured home park management shall maintain a register
containing the names of all park occupants. Such register shall be
available to any authorized person inspecting the manufactured
home park.
5. The manufactured home park management shall notify Goodhue
County Public Health immediately of any suspected communicable
or contagious disease within the manufactured home park.
Y. Responsibilities of Manufactured Home Park Occupants.
1. The manufactured home park occupant shall comply with all
applicable requirements of the City Code and shall maintain their
manufactured home lot, its facilities and equipment in good repair
and in a clean and sanitary condition.
2. The park occupant shall be responsible for proper placement of their
manufactured home on its manufactured home stand and proper
installation of all utility connections in accordance with the
instructions of the park management.
3. No owner or person in charge of a dog, cat or other pet animal shall
permit it to run at large or to commit any nuisance within the limits of
any manufactured home lot.
Z. Shelters. In the case of a manufactured home park with less than ten
manufactured homes, each manufactured home park must have a plan
for the sheltering or the safe evacuation to a safe place of shelter of the
residents of the manufactured home park in times of severe weather
conditions, such as tornadoes, high winds, and floods. The shelter or
evacuation plan shall be developed with the assistance and approval of
the City Council and shall be posted at conspicuous locations
throughout the manufactured home park. The park owner shall provide
each resident with a copy of the approved shelter or evacuation plan, as
provided by Minnesota Statutes, Section 327C.01, Subd. 1c.
A manufactured home park with ten or more manufactured homes,
licensed prior to March 1, 1988, shall provide a safe place of shelter for
residents or a plan for the evacuation of residents to a safe place of
shelter within a reasonable distance of the manufactured home park for
use by residents in times of severe weather including tornadoes and
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high winds. The park owner shall provide each resident with a copy of
the approved shelter or evacuation plan, as provided by Minnesota
Statutes, Section 327C.01, Subd. 1 c.
A manufactured home park with ten or more manufactured homes,
receiving an initial license after March 1, 1988, must provide the type of
shelter required by Minnesota Statutes, Section 327.205, except that for
manufactured home parks established as temporary, emergency
housing in a disaster area declared by the President of the United
States or the Governor, an approved evacuation plan may be provided
in lieu of a shelter for a period not exceeding 18 months.
Subd. 5. Permits For Construction
A. All applicants for permits to construct, alter, or extend manufactured
home parks shall hold a pre -application conference with the City
Engineer and the City Planner to review the proposed project and
applicable City Code provisions.
B. All applications for permits shall be made to the City Clerk and shall
contain the following:
1. Name and address of the applicant.
2. Legal relationship of the applicant to the manufactured home park.
3. Location and legal description of the manufactured home park.
4. Five copies of complete engineering plans and specifications of the
manufactured home park approved by a registered professional
engineer, architect, or by a recognized designing firm showing:
(a) The area and dimensions of the tract of land.
(b) The number, location and size of all manufactured home lots.
(c) The location and width of roadways and walkways.
(d) The location of service buildings and any other proposed
structures and park and recreation areas.
(e) Plans and specifications of the water supply and refuse and
sewage collection systems.
(f) Plans and specifications of all buildings constructed or to be
constructed within the manufactured home park.
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(g) The location and details of lighting and electrical systems.
(h) Complete landscaping and drainage plans.
(i) A map of the general area and property adjacent to the
manufactured home park at a scale of 1" to 50'. Such map shall
show-
(1) The park name, date, north point and scale.
(2) Area of the proposed park to the nearest tenth of an acre.
(3) Location of all area subject to inundation or storm water
overflow and the location, width, and direction of all water
causes and existing drainage channels and structures.
(4) Contour lines of the entire property, indicating topography
showing intervals not greater than five feet.
(5) Location, names and existing width of all adjoining and
continuous highways, streets and ways.
(6) Proposed plan for drainage, showing direction of flow and
improvements.
(7) Wooded areas showing location and size of existing trees.
(8) Number and dimension of all park spaces and an enlarged
detail of each typical space.
(9) Location, width, direction of traffic flow and type of
construction of all roadways within the proposed park.
(10) Location of shelters, laundry facilities, drying yards, garbage
disposal areas, storage areas and service yards.
(11) Location of all pedestrian walkways.
5. Location, size, height and design of a site sign.
C. All applications for permits shall be accompanied by a payment of a fee
to be established by ordinance.
D. All applications for permits shall be filed with the City Clerk who shall
refer it to the Planning Commission. It shall study and investigate such
application, hold such conferences and public hearings as may be
necessary to ascertain the suitability of the location and the plan. It
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shall, within 60 days after its first meeting following receipt of the
application, make recommendations to the Council approving or
disapproving the application in whole or in part, together with detailed
comments thereon.
E. The Council shall review the recommendations of the Planning
Commission and shall grant or deny the permit and may attach
whatever conditions it shall deem necessary to the granting of such
permit.
Subd. 6. Inspections.
A. The Building Official or other City officials are hereby authorized to make
such inspections as are necessary to determine satisfactory compliance
with this Section and regulations issued hereunder and may, with
consent, pursuant to a warrant, or as otherwise provided by the law,
enter at reasonable times upon any private or public property for that
purpose.
Subd. 7. Notices, Hearing And Orders.
A. Whenever upon inspection or complaint it is found that there are
reasonable grounds to believe that there has been a violation of any
provision of this Section or other applicable laws, written notice of such
alleged violation shall be given to the person to whom the permit was
issued. Such notice shall include a statement of the reasons for its
issuance, contain a description of necessary remedial action, allow a
reasonable time for the performance of any act it requires, be served
upon the owner or the owner's agent by sending a copy thereof to their
last known address, or by personal or substituted service. At the end of
such period, such manufactured home park shall be inspected and, if
such conditions or practices have not been corrected, the permit shall
be suspended with written notice of such suspension as provided
herein. Upon receipt of notice of such suspension, such person shall
cease operation of such manufactured home park except as provided
herein.
B. Any person affected by any notice issued in connection with the
enforcement of this Section or other applicable law may request and
shall be granted a hearing on the matter before the Council. Such
person shall file with the City Clerk a written petition requesting such
hearing and setting forth a brief statement of the grounds therefor within
ten days after the notice was served. The filing of the request for a
hearing shall operate as a stay of the notice and of the suspension
except in the case of an order issued under this Subdivision. When no
petition for such hearing shall have been filed within ten days following
the day on which notice of suspension was served, such permit shall be
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deemed to have been automatically revoked at the expiration of such
ten-day period.
C. Upon receipt of such petition, a time and place for such hearing shall be
set and the petitioner shall be given written notice thereof. At such
hearing the petitioner shall be given an opportunity to be heard and to
show why such notice should be modified or withdrawn. The hearing
shall be commenced not later than fourteen days after the day on which
the petition was filed unless continued for good cause upon request of
petitioner.
D. After such hearing, the Council shall make findings as to compliance
with the provisions of this Section and shall issue an order in writing
sustaining, modifying or withdrawing the notice which shall be served.
Upon failure to comply with any order sustaining or modifying a notice,
the permit of the manufactured home park affected by the order shall be
revoked.
E. A summary of the proceedings at such a hearing, including the findings
and decision of the Council together with a copy of every notice and
order related thereto shall be entered as a matter of public record but a
transcript of the proceedings need not be taken. Any person aggrieved
by the decision may seek relief therefrom in any court of competent
jurisdiction, as provided by the laws of this State.
F. Whenever it is found that an emergency exists which requires
immediate action to protect the public health, the Building Official shall
notify Goodhue County Public Health.
Subd.8. Non -Conforming Uses. Any lawful non -conforming use of
land may be continued, except that any non -conforming use or buildings may not
be: (1) changed to another non -conforming use; (2) re-established after
discontinuance for one year if it involves a substantial building; or after
discontinuance for any period in other cases; (3) extended; or, (4) rebuilt after
damage exceeding 50 percent of its value.
Subd. 9. Manufactured Home Park Closure.
A. Notice of Closing. If a manufactured home park is to be closed,
converted in whole or in part to another use or terminated as a use of
the property, the park owner shall, at least nine (9) months prior to the
closure, conversion to another use or termination of use, provide a copy
of a closure statement to the State Commissioner of Health and the
Minnesota Housing Finance Agency, the Planning Commission and a
resident of each manufactured home in the park where the use is being
converted. The closure statement must include the following language
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in a font no smaller than 14 point: "YOU MAY BE ENTITLED TO
COMPENSATION FROM THE MINNESOTA MANUFACTURED HOME
RELOCATION TRUST FUND ADMINISTERED BY THE MINNESOTA
HOUSING FINANCE AGENCY."
B. Notice of Public Hearing: Proposed Change in Land Use. If the
planned conversion or cessation of operation requires a variance or
zoning change, the City must mail a notice at least ten days before the
hearing to a resident of each manufactured home in the manufactured
home park stating the time, place, and purpose of the public hearing.
The park owner shall provide the City with a list of the names and
addresses of at least one resident of each manufactured home in the
manufactured home park at the time application is made for a variance
or zoning change.
C. Notice of Public Hearing; Closure. The Planning Commission shall
submit the closure statement to the City Council with any comments
and/or recommendations the Commission deems appropriate. The City
Council shall schedule a public hearing. The City shall mail a notice at
least ten days prior to the public hearing to a resident of each
manufactured home in the manufactured home park stating the time,
place and purpose of the hearing. The park owner shall provide the City
with a list of the names and addresses of at least one resident of each
manufactured home in the manufactured home park at the time the
closure statement is submitted to the Planning Commission.
D. Public Hearing. A public hearing shall be held before the City Council
for the purpose of reviewing the closure statement and evaluating any
impact that the manufactured home park closing or conversion of the
manufactured home park to another use may have on the displaced
residents and the park owner. At the time of, and in the notice for, the
public hearing, displaced residents must be informed that they may be
eligible for payments from the Minnesota manufactured home relocation
trust fund under Minnesota Statutes, Section 462A.35 as compensation
for reasonable relocation costs under Minnesota Statutes, Section
327C.095, Subd. 13, paragraphs (a) and (e).
At the public hearing, the City Council shall appoint a neutral third party,
to be agreed upon by both the manufactured home park owner and
manufactured home owners, whose hourly costs must be reasonable
and paid from the Minnesota manufactured home relocation trust fund.
The neutral third party shall act as a paymaster and arbitrator, with
decision -making authority to resolve any questions or disputes regarding
any contributions or disbursements to and from the Minnesota
manufactured home relocation trust fund by either the manufactured
home park owner or the manufactured homeowners. If the parties
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cannot agree on a neutral third party, the City Council will make a
determination.
E. Vacation Requirements. A resident may not be required to vacate until
sixty (60) days after the conclusion of the public hearing required under
(D) of this subdivision. If a lot is available in another section of the
manufactured home park that will continue to be operated as a
manufactured home park, the park owner must allow the resident to
relocate the home to that lot unless the home, because of its size or
local ordinance, is not compatible with that lot.
F. Manufactured Home Park Conversions. If the planned cessation of
operation is for the purpose of converting the part of the manufactured
home park occupied by the resident to a common interest community
pursuant to Minnesota Statutes, Chapter 515B, the requirements in
Minnesota Statutes, Section 327C.095, Subd. 5, apply.
G. Relocation Payments to Displaced Residents.
Payments to displaced residents by the manufactured home park
owners or its purchaser are governed by Minnesota Statutes, Section
327C.095.
H. Violation.
1. Violation of this Subdivision is a misdemeanor.
2. Any provisions of this subdivision may be enforced by injunction or
other appropriate civil remedy.
3. No Building Permit, Re -Zoning, platting, conditional use permit, or
planned development application shall be approved for the proposed
re -use of a park until all provisions of this subdivision have been met
by the owner of the park.
Subd.10. Administration. This Section shall be administered and
enforced by the Building Official and other City officials as may be designated.
The Building Official may institute in the name of the City any appropriate actions
or proceedings against a violator as provided by law.
Subd. 11. Minnesota Department Of Health. The requirements
contained in this ordinance are intended to be comparable to the Minnesota
Department of Health Standards and are intended to meet the minimum
requirements set forth by the Minnesota Department of Health. Whenever the
Minnesota Department of Health amends regulations or adopts new regulations
setting higher standards than the ones established in this ordinance, the standards
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set by the Minnesota Department of Health shall govern and will be considered in
the enforcement procedure as part of this ordinance.
Subd. 12. Compliance With Other Laws, Ordinances, And Regulations.
Any manufactured home park in the City limits must be in compliance with all other
federal, state, and local laws, ordinances and regulations as they pertain to such
facility.
SECTION 4.07. VIOLATION A MISDEMEANOR. Upon conviction of
violating this Chapter, a person shall be punished for a misdemeanor except as
otherwise stated in specific provisions hereof. A violation of one or more
standards of Section 4.03 (the Housing Maintenance Code) does not constitute a
"violation" within the meaning of this Section or Section 1.09.
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