City of Isanti, MN Article II Administration and Enforcement

§ 256-6 Inspections.

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.

§ 256-7 Licensing of rental units.

A. License required. To allow for the systematic enforcement of this chapter upon all dwellings, including rental dwellings, no person shall 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. Rental dwellings shall follow all regulations set forth within Chapter 253. 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.

[Amended 12-20-2022 by Ord. No. 781; 2-20-2024 by Ord. No. 805]

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.

§ 256-8 Compliance and enforcement; violations and penalties.

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:

(1) Be in writing;

(2) Describe the location and nature of violations of this chapter;

(3) Establish a reasonable time for the correction of such violations; and

(4) Be served upon the owner or agent. Such notice shall be deemed to be properly served upon such owner or agent, if a copy thereof is:

(a) Served upon such person;

(b) Sent by registered mail to the last known address; or

(c) Upon failure to effect notice through Subsection A(4)(a) or (b), as set out in this section, posted at a conspicuous place in or about the dwelling which is affected by the notice.

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 Isanti City Code.

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 building, dwelling, dwelling unit, 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 health, safety, or welfare of the occupants or of the public may be declared unfit for human habitation. Whenever any 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.

[Amended 2-20-2024 by Ord. No. 805]

(2) Vacated building. It shall be unlawful for a vacant building, 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 and buildings. The owner of any building, 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 or building with 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 of § 216-2, Public nuisances affecting health, safety, comfort or repose, of the Code of the City of Isanti.

(4) Hazardous building declaration. If a building or 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.