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.
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.
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 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.