A.
Administration and enforcement. The City Inspector
or the City Inspector's designate agents shall administer and enforce
the provisions of this chapter, and they are hereby authorized to
cause inspections on a scheduled basis or when reason exists to believe
that a violation of this chapter has been or is being committed.
B.
Authority. When a City Inspector determines a violation,
the Inspector's written evaluation of deficiencies shall be considered
prima facie evidence in any subsequent litigation of a violation under
this chapter.
C.
Inspection access. If any owner, occupant, or other
person in charge of a dwelling, dwelling unit or manufactured home
fails or refuses to permit free access and entry to the structure
or premises under that person's control for an inspection pursuant
to this chapter, the City Inspector may seek a court order authorizing
such inspection.
[Amended 2-17-2009 by Ord. No. 452; 5-3-2011 by Ord. No. 509]
A.
Required; period; renewal; enforcing against owner-occupant. To allow for the systematic enforcement of this chapter upon all dwellings, including rental dwellings, no person shall, after the enactment of this chapter, operate a rental dwelling without first having obtained a license to do so from the City, as provided in Chapter 253, Rental Dwellings, of the Isanti City Code of Ordinances. Each such operating license shall be issued every two years and shall expire on December 31 of every other year. License renewals shall be filed at least 60 days prior to the license expiration date. If impairment should occur in an owner-occupied dwelling that threatens the health, safety, and welfare of the occupants or surrounding neighbors and property owners/renters, the City is empowered to enforce this chapter.
B.
Posting of license. Every licensee of a rental dwelling
shall cause to be conspicuously posted in the main entryway or other
conspicuous location therein the current license for the respective
dwelling unit.
A.
Compliance order. Whenever the City Inspector determines
that any rental dwelling or unit fails to meet the provisions of this
chapter, or if any owner-occupied dwelling fails to meet provisions,
the City may issue a compliance order setting forth the violations
of the chapter and ordering the owner or agent to correct such violations.
This compliance order shall:
B.
Penalty for violation of chapter. Failure to meet the requirements of the compliance order is a violation of this chapter and a misdemeanor and is subject to all penalties provided for such violation under the provisions of this Code of ordinances in § 1-1, Violations and penalties. Each day the violation continues in existence shall be deemed a separate violation and pay an additional penalty of $5.
[Amended 2-17-2009 by Ord. No. 452]
C.
Emergency cases. When a violation constitutes an imminent
peril to life, health, or property, the City Inspector may require
immediate compliance, and if necessary, take appropriate action to
protect that life, health, or property.
D.
Unfit for human habitation.
(1)
Declaration. Any dwelling, dwelling unit, or rooming
unit or manufactured home, which is damaged, decayed, dilapidated,
unsanitary, unsafe, vermin- or rodent-infested, or which lacks provision
for illumination, ventilation, or sanitary facilities to the extent
that the defects create a hazard to the healthy, safety, or welfare
of the occupants or of the public may be declared unfit for human
habitation. Whenever and dwelling, dwelling unit, rooming unit or
manufactured home has been declared unfit for human habitation, the
City Inspector shall order same vacated within a reasonable time and
shall post a placard on same indicating that it is unfit for human
habitation, and any operating license previously issued for such dwelling
shall be revoked.
(2)
Vacated building. It shall be unlawful for a vacant
dwelling, dwelling unit, rooming unit or manufactured home which has
been declared unfit for human habitation to be used for human habitation
until the defective conditions have been corrected and written approval
has been issued by the City Inspector. It shall be unlawful for any
person to deface or remove the declaration placard from any such dwelling,
dwelling unit, rooming unit or manufactured home.
(3)
Securing unfit and vacated dwellings. The owner of any dwelling, dwelling unit, rooming unit, or manufactured home which has been declared unfit for human habitation, or which is otherwise vacant for a period of 60 days or more, shall make same safe and secure so that it is not hazardous to the health, safety, and welfare of the public and does not constitute a public nuisance. Any vacant dwelling open at doors, windows, garage doors, or hatchways if unguarded, shall be deemed to be a hazard to the health, safety, and welfare of the public and a public nuisance within the meaning of this chapter and under the provisions § 216-2, Public nuisances affecting health, of the Code of the City of Isanti.
[Amended 5-3-2011 by Ord. No. 509]
(4)
Hazardous building declaration. If a dwelling has
been declared unfit for human habitation and the owner has not remedied
the defects within a prescribed reasonable time, the dwelling may
be declared a hazardous building and treated consistent with the provisions
of Minnesota statute.
E.
Execution of compliance orders by public authority.
Upon failure to comply with a compliance order within the time set
and no appeal having been taken, the Council may, by resolution, cause
the cited deficiency to be remedied as set forth in the compliance
order. The cost of such remedy shall be placed against the subject
property and may be levied and collected as a special assessment in
the manner provided by Minnesota statute.
F.
Right of appeal. When it is alleged by any person
to whom a compliance order is directed that such compliance order
is based upon erroneous interpretation of this chapter, such person
may appeal the compliance order to the Council as a Board of Appeals.
The filing of an appeal shall stay all proceedings, unless such a
stay would cause imminent peril to life, health or property.
G.
Liability of ownership transferee. Anyone securing
an interest in the dwelling, dwelling unit, rooming unit, or manufactured
home which has received a violation tag or compliance order shall
be bound by same without further service of notice upon such person
and shall be subject to all penalties and procedures prescribed by
this chapter.
[Amended 5-3-2011 by Ord. No. 509]
