The following words, terms and phrases, when used in this chapter,
shall have the meaning ascribed to them in this section, except where
the context clearly indicates a different meaning. Whenever the terms
"dwelling unit," "premises" or "structure" are used in this chapter,
they shall be construed as though they were followed by the words
"or any part thereof."
A subordinate building or portion of the main building which
is located on the same lot as the principal building, the use of which
is incidental and accessory to the use of the principal building.
A use that:
Is incidental and subordinate in area, extent, and purpose to
the principal use;
Contributes to the comfort, convenience, or necessity of the
principal use;
Is located on the same lot or within the same building and within
the same zoning district as the principal use by the same party as
the principal use; and
Will not alter the character of the area or be detrimental thereto.
Bound by the authority having jurisdiction as meeting all
applicable laws and codes.
The portion or portions of a building that is/are partly
or completely below grade.
Any room or space intended to be used for sleeping purposes.
A building other than a hotel or motel where, for compensation
and by prearrangement for definite periods, meals and/or lodging are
provided for persons not members of the principal family, not to exceed
10 persons.
Any structure erected for the support, shelter, or enclosure
of persons, animals, chattels, or movable property of any kind.
The City Administrator or the City Administrator's authorized
representative.
The absence of rubbish, garbage, vermin, and other unsightly,
offensive, or extraneous matter.
A structure or portion thereof designated or used predominantly
for residential occupancy of a continued nature, including one-family
dwellings, two-family dwellings, and multiple-family dwellings of
three or more family dwelling units either rental or owner-occupied,
but not including hotels and motels.
A single unit providing complete independent living facilities
for one or more persons including permanent provisions for living,
sleeping, eating, cooking, and sanitation.
Any and all methods of transmitting electricity for use to
any dwelling, dwelling unit, or manufactured home.
A continuous and unobstructed means of egress to a public
or private way and shall include intervening doors, doorways, corridors,
ramps, stairways, smokeproof enclosures, horizontal exits, exit passageways,
exit courts and yards.
An individual, or a group of persons related by blood, marriage,
or adoption, including foster children, living together as single
housekeeping unit.
Residents of a state-licensed community residential facility
as defined and authorized by state law.
A group of not more than six persons who need not be related
by blood, marriage, or adoption, living together as a single housekeeping
unit.
The sum of the gross horizontal area of the several floors
of such structure or structures measured from the exterior faces and
exterior walls or from the center line of common walls separating
dwelling units. Basement devoted to storage and/or off-street parking
shall not be included.
In such a physical condition as to safely perform the service
or services for which an item is designed or intended.
The large overhead door or sliding or swinging doors on an
attached or detached garage that allow a vehicle to enter.
Every accumulation of animal, vegetable or other matter that
attends the preparation, consumption, display, dealing or storage
of meat, fish, fowl, birds, fruit, or vegetables, including the cans,
containers or wrappers wasted along with such materials.
A building component or a system of building components located
at or near the open sides of an elevated walking surface that minimizes
the possibility of a fall from the walking surface to a lower level.
A building or part thereof that meets minimum standards for
use as a dwelling or place of abode by one or more persons.
A room or enclosed floor space used or intended to be used
for living, sleeping, cooking, or eating purposes, excluding bathrooms,
water closet compartments, laundries, furnace rooms, unfinished basements
(those without required ventilation, required electric outlets, and
required exit facilities), pantries, utility rooms with less than
50 square feet of floor space, foyers, communicating corridors, stairways,
closets, storage space, workshops, hobby and recreation areas, and
parts of the structure below ground level or in attics.
Any and all units, equipment, material and miscellaneous
devices used in the process of heating, ventilating, and air conditioning
of any dwelling, dwelling unit or structure.
Any structure that contains conditions dangerous to the public
health, safety, and general welfare of the citizens or due to deterioration
and lack of maintenance may reasonably be expected to cause a blighting
effect upon surrounding properties. Impaired structures include, but
are not limited to, those having or exhibiting faulty design or construction,
failure to keep them in a proper state of repair, lack of adequate
lighting or ventilation, inability to properly heat, improper management,
or any combination of these factors.
The presence within or around a dwelling of any insects,
rodents, or other pests.
A space containing a sink with counter working space, adequate
space for installing cooking and refrigeration equipment, and adequate
space for the storage of cooking utensils.
The premises as stated in the application for an approved
rental license, together with the rental dwelling unit or units, communal,
shared, or public areas within a building containing the unit or units,
and external common areas providing amenities to a building containing
the unit or units, including but not limited to, common open space,
yards, drives, garages, and parking areas, whether owned by the licensee,
an association, or a third party.
A habitable room within a dwelling unit which is intended
to be used primarily for general living purposes.
A parcel of land of at least sufficient size to meet zoning
and platting requirements for use, coverage, and area, and to provide
such yards and other open spaces as are required by the City Zoning
and Subdivision Ordinances.
To keep in a good state of repair; to preserve from deterioration
and blight.
As defined in the City Zoning Ordinance and shall include
all buildings used or intended for use as part of the equipment of
the manufactured home, whether a charge is made for the use of a manufactured
home park and its facilities or not. A "manufactured home" shall be
considered a dwelling under the provision of this chapter.
The occupancy of a building that supports, shelters, or encloses
more than one distinct use.
A building or portion thereof containing three or more dwelling
units.
Any material or a combination of materials which will not
ignite or support combustion during a five-minute exposure. (Refer
to UBC.[1])
A building or structure other than a dwelling or dwelling
unit.
The purpose for which a building, or part thereof, is used
or intended to be used.
Any person residing in a dwelling, dwelling unit, rooming
unit or manufactured home.
For dwelling units, those areas designated and utilized as
habitable space, as well as nonhabitable space, which are easily accessible
and normally utilized by the occupant.
The owners or their agents, who have charge, care, control,
or management of a building or part thereof.
Any person who, alone, jointly, or severally with others,
shall be in actual possession of, or have charge, care or control
of, any building or a portion thereof within the City as owner, employee
or agent of the owner, or a trustee or guardian of the estate or person
of the title holder. Any such person representing the actual owner
shall be bound to comply with the provisions of this chapter to the
same extent as the owner.
The maximum number of individuals permitted to occupy a building
or space within a building.
Includes a natural person, that person's heirs, executors,
administrators or assigns, and also including a firm, partnership
or corporation, its or their successors or assigns or the agent of
any of the aforesaid.
All potable water supplies and distribution pipes, all plumbing
fixtures and traps, all drainage and vent pipes, and all building
drains, including their respective joints and connections, devices,
and appurtenances within the property lines of the premises and shall
include potable water treatment or using equipment.
A platted lot or part thereof or unplatted parcel of land,
either occupied or unoccupied or any dwelling or nondwelling structure,
including such building, accessory structure, or other structure thereof.
A functioning sewer connection free from defects, leaks,
or obstructions with sufficient capacity to drain all fixtures or
appliances which feed into it. The sewer system (be it municipal or
private) must be capable of disposing of sewage in a safe, sanitary,
and adequate manner.
A functioning plumbing connection free from defects, leaks
or obstructions providing an uncontaminated, controllable flow of
cold or heated water.
Those areas which are normally occupied or open to the general
public.
A hall, court, or passageway for providing ingress to or
egress from a dwelling unit, which is not within the exclusive control
of one family.
All putrescible and nonputrescible waste solids including
garbage and rubbish.
A residential or nonresidential building or development containing
one or more units under single ownership where the building and/or
unit are intended to be rented or let to tenants even if the owner
occupies one or more of the units. "Rental facility" also includes
a mobile home or similar development where the mobile homes are individually
owned and the home site and surrounding premises are leased to the
mobile home owner, but the remainder of the development is owned and
controlled by a person.
To restore to a sound and acceptable state of operation,
serviceability, or appearance in the determination of the City Inspector.
A structure containing a dwelling unit.
Any place where rodents live, nest, or seek shelter.
Any room or group of rooms forming a single unit used or
intended to be used for living and sleeping but not for cooking.
Wood, leaves, trimmings from shrubs, dead trees or branches
thereof, shavings, sawdust, excelsior, wooden ware, printed matter,
paper, paperboard, pasteboard, grass, rags, straw, boots, shoes, hats
and all other combustibles not included under the term "garbage."
The condition of being free from danger and hazards which
may cause accidents or disease.
A residential or nonresidential building or development containing
one or more units where the units and surrounding premises are intended
to be separately owned and which does not include any commonly owned
interior or exterior areas.
A residential structure containing one dwelling unit where
the structure and surrounding premises are held in single ownership.
That which is built or constructed, an edifice or building
of any kind, or any piece of work artificially built up or composed
of parts joined together in some definite manner.
Any dwelling which does not conform to the minimum standards
established by state or local laws and ordinances.
Paid for, furnished by, provided by or under the control
of the owner, operator or agent thereof, of a building or portion
thereof.
A residential structure containing two dwelling units having
a single wall in common where the structure and surrounding premises
are held in single ownership.
One or more rooms intended for the use of a single occupant.
As applied to a "structure," a condition or combination of
conditions which is dangerous or hazardous to persons or property.
As applied to a "structure," conditions which are dangerous
or hazardous to the health of persons.
The purpose or activity for which the land or building is
designated or intended, or for which it is occupied, utilized or maintained,
and shall include the performance of such activity as defined by the
performance standards of this chapter.
A toilet, with a bowl and trap made in one piece, which is
connected to the City water and sewer system or other approved water
supply and sewer system.
[1]
Editor's Note: See the Minnesota State Building Code.
It is hereby found and declared that impaired structures contain
conditions that may be dangerous or result in property blight and
deterioration and impairment of property values, which adversely affect
the public health, safety, and general welfare of the citizens of
the City. It is found that impaired structures exist within the City
due to, but not limited to, faulty design or construction, failure
to keep them in a proper state of repair, lack of adequate lighting
or ventilation, inability to properly heat, improper management, and/or
a combination of these factors. It is declared that the improvement
of impaired structures and the prevention of existence of impaired
structures in the future is in the best interest of the citizens of
the City.
[Amended 2-20-2024 by Ord. No. 805]
A.
The City Council recognizes that improperly maintained structures
and premises and the unreasonable overcrowding of dwellings has an
adverse effect on the public health, safety, morals, and general welfare
of the citizens of this community and, further, that such conditions
contribute to the unnecessary, excessive, and disproportionate expenditures
of public funds for public health, public safety, crime prevention,
fire protection, and other public services. In order to address those
and other, similar concerns, the City Council finds that the following
objectives are important in achieving the goal of maintaining a safe
and healthy community:
(1)
To protect the character and stability of all buildings and property
within the City.
(2)
To correct and prevent 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
buildings within the City.
(3)
To provide minimum standards for heating, sanitation, ventilation,
light, and maintenance necessary to the health and safety of occupants
of buildings.
(4)
To prevent, to the extent reasonably possible, the overcrowding of
dwellings by providing minimum space standards per occupant for each
dwelling unit.
(5)
To provide minimum standards for the maintenance of existing buildings
and thus prevent slums and blight.
(6)
To preserve the value of land and buildings throughout the City.
B.
The City Council further finds that the enactment of this chapter
is essential to the public interest and it is intended that this chapter
be liberally construed to effectuate its purposes as stated herein.
This chapter applies to all residential and nonresidential structures
and premises in the City, occupied or unoccupied, and constitutes
the minimum standards for safe and sanitary occupancy and maintenance.
A.
This chapter applies to all matters affecting or relating to the
maintenance and occupancy of structures and premises in the City,
provided, where the provisions of this chapter conflict with other
provisions of this Code, the most restrictive provisions govern. These
provisions apply to all existing structures and premises unless otherwise
specifically provided herein.
B.
Meaning of certain words. Whenever words such as "dwelling," "dwelling
unit," "premises," "building," "facility," or "structure" are used
in this chapter, they are to be construed as though they were followed
by the words "or any part thereof."
C.
Maintenance requirement. Whenever this chapter requires construction,
reconstruction, modification, or repair to occur, it must be accomplished
and maintained in accordance with all applicable building and occupancy
codes.
D.
Responsibility for performance. The owner of the property is responsible
for performance under this code; provided, other jointly responsible
parties include, but are not limited to:
(1)
With respect to violations concerning the maintenance of common areas
within a common interest facility, the association of that facility;
(2)
With respect to violations concerning fixtures on the property, the
owner or installer of those fixtures;
(3)
With respect to violations concerning personal items on the property,
the owner or any person in actual or legal control of those items;
(4)
With respect to violations concerning specific areas or parts of
the property under an occupant's or other person's exclusive control,
that occupant or person.
E.
Violations a misdemeanor. In addition to other civil penalties specified
herein, a person who violates any provision of this chapter is guilty
of a misdemeanor. Each day of each violation constitutes a separate
punishable offense.
