HomeMy WebLinkAbout6.b. Building and Property Maintenance Ordinance , ' CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: APRIL 4, 1995
AGENDA ITEM: BUILDING AND PROPERTY MAINTENANCE AGENDA SECTION:
ORDINANCE NEW BUSINESS
PREPARED BY: DAVID MCKNIGHT, CODE ENFORCEMENT AGENDA N��� �
OFFICER
ATTACHMENTS: DRAFT ORDINANCE APPR VE BY:
Attached is a draft of the proposed Building and Property Maintenance Ordinance prepared by
the Community Development Department. This ordinance �egulates the condition of all
buildings and properties in the city. The goal of the ordinance is to regulate the exterior
portions of buildings.
The City has been considering this type of ordinance since 1990, either through residential
request/complaint or city induced research. This ordinance is based largely on both ordinances
already in place in other metro area cities, including Apple Valley and Mounds View, and the
needs of Rosemount.
The ordinance lists five "public nuisances" which would be considered violations of this
ordinance. The conditions that would constitute a nuisance are detailed in this ordinance. The
draft ordinance was reviewed by city council and staff members for their review and
recommendations.
City staff recommends approval of the ordinance as written.
RECOMMENDED ACTION:
Motion to approve the Building and Property Maintenance Ordinance'
COUNCIL ACTION:
!
BUII,DING AND PROPERTY MAINTENANCE ORDINANCE
CHAPTER ONE
GENERAL PROVISIONS
1-1-1 Titie: Chapter One, Section 1-1-1 through 1-1-10 herein, shall be known and may be
cited as the "Building and Properry Maintenance Ordinance" or "this ordinance" hereafter.
1-1-2 Legislative Finding: It is hereby found that there exists and may in the future exist in the
City, structures used for human habitation which for reasons of their structure, equipment,
sanitation, maintenance, use, or occupancy affect or are likely to affect adversely the public health
(including the physical, mental, and social well-being of persons and families), safety, and general 'i
welfare. To correct and prevent the existence of such adverse conditions, to achieve and '
maintain such levels of residential, commercial, and industrial environmental quality as will protect
and promote public health, safety, and general welfare, it is found that the establishment and
enforcement of minimum building and properry standards are required.
1-1-3 Purpose: The purpose of this code is to protect, preserve and promote the public health,
safety, and the general welfare of the people of the city, to prevent building 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 promote and encourage properry lawn maintenance, and set standards for an adequate
level of maintenance to preserve the value of land and buildings throughout the city; and to
provide for the administration and enforcement thereof.
1-1-4 Discrimination and Privacy: This code is to be enforced in a non-discriminatory 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, this code is not
intended to interfere with personal policy or with private legal rights and liabilities, including
without limitation landlord/tenant and lessor/lessee relationships, and in enacting and enforcing
this code, 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 this code.
1-1-5 Definition: For the purpose of this code, the terms defined in this section have the
meanings given to them.
A. Building means a structure erected for the support, shelter, or enclosure of persons,
animals, chattel, or movable property of any kind.
B. Dwelling means a building, or portion thereof, designed or used for residential or
business occupancy, including one-family dwellings, two-family dwellings, and multi-
famil dwellin s. Whenever the word "dwellings" is used in this code, it shall be
Y g
1
construed as though it was followed by the words"or any part thereof."
C.Dwelling Uait means one room or rooms connected together constituting a separate,
independent housekeeping unit for owner occupancy, or rentai or lease on a weekly,
monthly, or longer basis, and physically separated from any other rooms or dwelling units
which ma.q be in the same structure, and containing independent cooking, toilet and
sleeping faciliries. Whenever the term "dwetling units" is used in this code it is to be
construed as though it was followed by the words "or any part thereof.°
D. Enforcement Officer means a person designated by the City Administrator to
administer and enforce this code, or his or her designee.
E. Garbage means putrescible animal and vegetable wastes, including those resulting
from the handling, preparation, cooking, and consumption of food.
F. Habitable means fit to be lived in.
G.Nuisance means:
1. A public nuisance known as such under common law or in equity or recognized
by Minnesota Statutes or the City Code.
2. 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 , any abandoned wells, shafts, basements, or excavations;
abandoned refrigerators in a hazardous condition;unlicensed or inoperable motor
vehicles; or any structurally unsound fences or structures; or any lumber, garbage,
rubbish, fences, or debris which may become a hazard for inquisirive minors.
3. Overcrowding a room with occupants.
4. Insu�cient ventilation or illumination.
5. Inadequate or unsanitary sewage or plumbing facilities.
6. Uncleanliness.
7. Any situation or activity which renders air, food, or drink unwholesome or
detrimental to the health of human beings.
8. Any conditions which are offensive or has a blighting influence on the �'i
community. I
2
9. Any other a.ctivity or situation that is dangerous to human life or is detrimentai
to health.
� Occupancy means a taking or possessing of something.
L Owner means a person who, alone,jointly, or severally with others, shall be in actual
possession o� or have charge, care, or control o� any dwelling or dwelling unit within the
City as owner, employee, or agent of the owner, or as trustee or guardian of the estate of
person of the title holder. A person representing the actual owner must comply with the
provisions of this code to the same extent as the owner.
J. Public Area means those areas which are normally open to the general public or the
occupants of more than one dwelling unit of a multiple family dwelling.
K.Refuse means putrescible and nonpetrescible solids including garbage and rubbish.
L.Residence means a place of habitat.
M. Responsible Party means a party who is one or more of the following:
1. Agent;
2. Designee or collector of rents;
3. Holder of a contract for deed;
4. Receiver, executer, or trustee;
5. Lessee;
6. 4ther person, firm, or corporation exercising control over a party.
N.Rodent Harborage means a place where rodents are liable to live, nest, or seek
shelter.
O. Rodents mean an infestation of vermines such as rats, mice, skunks, snakes,bats,
grackles, starlings, pigeons,bees, wasps, cockroaches, or flies.
P. Rubbish means nonputrescible 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, cement, and similar materials.
Q. Structure means anything erected, the use of which requires more or less permanent
3
location on the ground; or attached to something having a permanent location an the
ground. Whenever the word "structure" is used in this code, it shall be construed as
though it was followed by the words "or any part thereof."
R Yard means all ground, lawn, court, walk, driveway, or other space constituting part
of the same premises.
1-1-6 Responsibility of Owners and Occupants: The owner of a dwelling is responsible for the
maintenance of structures and for meeting the provisions of this code, unless otherwise noted.
A Joint Responsibility of Occupants and Owner
1. An owner, agent or occupant of a dwelling may not allow the accumulation of
dirt or filth on the premises occupied or controlled in a manner that could create a
health hazard to the dwelling occupants or the general public.
2. An owner, agent or occupant of a dweiling may not allow the accumulation of
rubbish or garba�e on the premises occupied or controlled in a manner that could
create a health hazard to the dwelling occupants or the general public. The area of
rubbish control and disposal is covered in the Rosemount City Code, section 5-1-2
through 5-1-7, it requires that gaxbage be collected at least once a week from
residences and it also requires that all solid waste be stored in containers between
times of pickup.
3. An owner, agent or occupant may not allow formation of rodent harborage in or
about the premises occupied or controlled.
4. The occupant of a dwelling containing a single dwelling unit is responsible for
the externunation 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. Notwithstanding, however,whenever infestation is caused by the failure
of the owner to maintain a dwelling in a reasonable rodent-proof condition,
extermination is 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, e�ernunation thereof is the
responsibility of the owner.
1-1-7 Public Nuisance Defined: Whoever by an act or failure to perform a legal duty
intentionally does any of the following is guilty of violating this ordinance. -
. A.Maiatains or permits an unfavorable building appearance or level of
maintenance.
4
. �:���:.
1. Buildings, structures and fences which have been so poorly maintained that their
physical condition and appearance detract from the surrounding neighborhood aze
declared to be public nuisances because they(a) decrease adjaining landowners
and occupants enjoyment of their property and neighborhood and(b) may
adversely affect properry values and neighborhood patterns.
2. Standards:
a. Any building, structure, or fence is a public nuisance if it does not
comply with the following requirements:
i. No part of any exterior surface shall have deterioration, holes,
breaks, gaps, loose or rotting boards or timber.
u. Every e}rterior surface which has had a surface finish such as
paint applied shall be maintained to avoid noticeable deterioration
of the finish. No wall or other exterior surface shall have peeling,
cracked, chipped, or otherwise deteriorated surface finish on more
than twenty(20) percent of:
aa. Any one wall or other flat surface;
bb. All door and window moldings, eaves, gutters, and
similar projections on any one side or surface.
iu.No glass, including windows and exterior light fixtures, shall be
broken or cracked and no seams shall be torn or separated from
moldings.
iv. All exterior doors and shutters shall be hung properly and have
an operable mechanism to keep them securely shut or in place.
v. All cornices, moldings, lintels, sills, bay or dormer windows, and
similar projections shall be kept in good repair and free from cracks
and defects which make them hazardous or unsightly.
vi. Roof structures shall be tight and have no defects which admit
water. All roof drainage systems shall be secured and hung
properly.
vii. Chimney, antennae, air vents, and other similar projections shall
be structurally sound and in good repair. Such projections shall be
secured properly, where applicable, to an e�rterior wall or roof
5
�
,
B. Maintains or permits buildings or structures which endanger public safety,
health or property within t6e City.
1. Any building or structure in the City which is found by the City Building
Inspectors or Fire Marshall , or their designee, to be dangerous to public safety,
health or property by reason of:
a. Damage by fire;
b.Defective chimneys or stovepipes;
c. Dilapidated condition or decay;
d. Defective electrical wiring;
e. Defective gas installations;
f. Defective heating apparatus;
g. Defective sewage disposal system or plumbing;
h. Any other defect endangering the public safety,health, or other
ProPem'•
are hereby declared to be a public nuisance.
2. Any building which is damaged, decayed, dilapidated, unsanitary, unsafe,vermin
or rodent infested, or which lacks provisions for basic illumination, ventilation,
or sanitary facilities to the extent that the defects create a hazard to the health,
safety, or welfare to the occupants or of the public, may be declared unfit for
human habitation. Whenever any building has been declared unfit for human
habitation, the enforcement officer shall order same vacated within a reasonable
time and shall post a placard on the property which shall(1)be in writing, (2)
include a description of the properry sufficient for identification, (3) include a
statement of a reason or reasons why it is being issued, (4) include a description of
the repairs and improvements required to bring the dwelling into compliance with
the provisions of this ordinance, and (5) include a statement of time allowed to
correct the vialations.
C. Maintains or permits garbage or refuse to be placed or stored in yards.
1. To enhance the safery of residents, no gaxbage,junk or debris shall be placed in
yards or properties in the city. The city zoning ordinance states that except as
specifically authorized by the zoning ordinance, all equipment, merchandise,
materials, supplies, unlicensed vehicles,junk vehicles, trash and junk, and finished
and semi-finished products sha11 be stored within structures as defined in the
zoning ordinance. Violation of such provisions of the city zoning ordinance is a
violation of this ordinance.
D. Special Provision-Lawn Maintenanee
6
i
l. Preamble: There are a variety of landscapes in the City which diversify and add a
richness to the quality of life. Certain areas in the city have been left, or allowed to
go, unmaintained. They have been accepted by the vast majority of the city
residents as appropriate and as part of the unique quality of life in this community.
There are community expectations, however, that once an azea has been disturbed,
landscaped, or otherwise maintained, that area will continue to be maintained in a
consistent manner. When vegetation in that area is not continually maintained, it
becomes aesthetically unpleasing and violates community standards. Froperty
which appears neglected may decrease the value of adjacent properties. In
addition, if vegetation is not properly maintained, there may be the following
adverse impacts on public health, safety, and welfare:
a. Undesirable vegetation such as common buckthorn, quackgrass, and
other weeds may invade and threaten to supplant other more desirable
vegetation.
b. Vegetation which causes allergic reactions, such as ragweed,may
develop.
c. Tall vegetation along driveways and public roads may impair visibility
when entering or exiting public roads.
2. Definitions: For the purpose of this section the following words shall have the
meanings specified below:
a. Meadow Vegetation is grasses and flowering and broad leaf plants
which are native to, or adopted to, the State of Minnesota, which are
commonly found in meadow and prairie plant communities, except weeds.
b. Nozious Weeds shall be those plants which are determined from time to
time to be noxious weeds pursuant to Minnesota Statute 18.171,
subdivision 5.
c. Regularly Cut means mowing or otherwise cutting the vegetation so
that it does not exceed 8 inches.
d. Turf Grasses are grasses commonly used in regularly cut lawn areas,
such as bluegrass, fescue, and rye grass blends, and non-woody vegetation
interspersed with them.
e. Weeds include all no�ous weeds, buffalobur, common cocklebur, crabgrass,
dandelions,jimsonweed, quackgrass, common and giant ragweed, field sanbur,
velvetleaf, and wild sunflower. Weeds also include anything that is horticulturally
7
out of place. For example, a tree seedling is a weed in a vegetable garden. A
property owner may establish that a plant or plants are not horticulturally out of
place by providing a written landscape plan for the area in question, complete with
a listing and locations of plant species. The plants specifically listed above may not
be included within the landscape plan. Vegetation which does not comply with
this plan are weeds.
3. Maintenance Standard: The minimum standard in this section applies to property which
has been developed with a building as defined in the Building Gode, including vacant
property combined with developed property for this purpose, and a parcel of property
which has been completely or partially disturbed by demolition, grading or other means in
prepaxation for development or redevelopment.
a. All turf grasses and weeds must not exceed a height of 8 inches, measured from
the base at ground level to the tip of each stalk, stem, blade, or leaf.
b. This requirement does not apply to the following:
i. A wetland or floodplain designated on the official zoning map or any
other available wetland inventory maps on file with the City.
u. A drainage pond or ditch which stores or conveys stormwater.
iu. A pasture which is(a) currently being used for the exercise or feeding of
domestic hoofed animals, (b) physically sunounded by a permanent fence
which separates the pasture from property used for other purposes, (c) at
lea.st one-half acre in size, and (d)undeveloped with any habitable
buildings.
iv. An area in which the land and vegetation appeax not to have been
graded, landscaped, mowed, ar otherwise disturbed by human or
mechanical means at any time. Determination of what constitutes this type
of area will be based on a reasonable judgement of the present appearance
of the area. The recent history of the area may be relevant to this
determination.
v. An area established with meadow vegetation if:
aa.. The prior vegetation is eliminated and the meadow vegetation is
planted through transplants or seed by human or mechanical means.
bb. The area is cut at least once per yeax to a height of 8 inches, if
weeds cover more than 25% of the area.
8
cc. A siga is posted on the properry in a location likely to be seen
by the public, advising that a meadow or prairie is being established.
The sign is required only if the vegetation is in an area likely to be
seen by the public. This sign shall be in addition to any sign
permitted by the sign ordinance but shatl be no smatler than ten{10)
inches square, no larger than one(1) square foot, and no higher
than three(3)feet tall. The sign is no longer required when weeds
cover 25% or tess of the area.
c.Noxious weed controt is covered under the Rosemount City Code, section 5-2-
2. This ordinance states that notwithstanding, any provision of this Chapter to the
contrary, noxious weeds growing upon any lot or pazcel of properry, regardless of
height, zoning classification or area on the parcel upon which they are growing, are
hereby declared to be a nuisance and dangerous to the health and safety of the
City.
E. Special Provision-Parking Maintenance
l. It shall be the joint responsibility of the operator and owner of any principal use
to maintain, in a neat and aestheric manner, the parking space, accessway,
. driveway, landscaping and required fences and walls: Violation of section 5-2-2 is
a violation of this ordinance.
1-1-8 Violation of Provisions
A. Any person violating any provision of this ordinance shall be guilty of a misdemeanor.
B. For the purpose of safeguarding the health and safety of the general public and of the
occupants of dwellings, it is the duty of the appropriate city official, or his or her
designee, to enforce this ordinance, and, this official is hereby authorized and directed to
conduct inspections to deternune the condition of dwellings, residences, and premises
located within the City. For the purpose of making such inspections, the appropriate City
official is hereby authorized to enter, examine and survey, between the hours of 7:30 a.m.
and 4:00 p.m., all dwellings, residences, and premises. The appropriate City officia1, prior
to making such inspection, shall inform the occupant of the dwelling by letter postmarked
not less than 72 hours prior to the time such inspection is made. After such written notice
shall have been given, the owner or occupant of such dwelling shall give the appropriate
City official free access to such dwelling, during such time, for the purpose of such
inspection, examination or survey; provided that such inspection, examination or survey
shall not have for its purpose the hazassment of such owner or occupant and that such
inspection, examination, or survey shall be made so as to cause the least amount of
inconvenience to the owner or occupant, consistent with an efficient performance of the
duties of the appropriate City official provided that the purpose of such inspection,
9
examination, or survey shall not be for the procurement of evidence to be used in any
criminal proceeding; provided, that nothing in this section shall be construed to prohibit
the entry of the appropriate City official. The required notice is waved when
1. At any time when in the opinion of the appropriate City official an actual
emergency tending to create an immediate danger to public health and safety
exists; or
2. At any time when such inspection, examination, or survey may be requested by
the owner or tenant.
1-1-9 Enforcement
A It shall be the duty of the City Council to enforce the provisions of this ordinance and
the City Council may delegate to other officers or agencies, power to enforce particular
provisions of this section, includin�the power to inspect private premises, and xhe officers
charged with the enforcement, or his or her designee, of this ordinance shall ta.ke all
reasonable precautions to prevent the commission and maintenance of public nuisances.
1-1-10 Abatement Procedure �
A. Abatement: Whenever the officer who is charged with enforcement determines that a
public nuisance is being maintained or e�sts on property in the City, the officer shail notify
in writing the property owner and occupant or other responsible party of that fact and
order that the nuisance be terminated and abated. Notice shall be served in person or
by mail. Notice to the owner shall be satisfied by return receipt from the person listed
as the taxpayer on the County's taY record. If the property is not occupied, the oumer is
unknown, or no other responsible party can be reasonably identified, notice may be served
by posting it on the property. The written notice shall specify the steps to be taken to
abate the nuisance and the time, not exceeding 20 days, within which the nuisance is to be
abated with the first notice, l0 days with the second notice, and 5 days with the final
notice. If the owner, occupant, or other responsible party does not comply with the notice
within the time specified, the City Council may, after notice to the owner and occupant or
other responsible party, provide for abating the nuisance by the City. The notice shall be
served in the same manner as notice by the enforcing off cer and shall be at least ten days
before the date stated in the notice when the Council will consider the matter. If notice is
given by posting, at least 45 days sha11 elapse between the day of posting and the hearing,
2. Summary Abatement: The enforcement officer, or his or her designee, may provide for
abating a public nuisance without following the procedures required in para�raph one
above when:
A. There is an immediate threat to the public health or safety.
10
B. There is an immediate threat of serious property damage.
C. A public nuisance has been caused by priva�te parties on public property.
If the enforcement officer abates the nuisance pursuant to this section, the offcer must
reasonably attempt to notify the owner, occupant, or other responsible party of the
intended action and the right to appeal the abatement and any cost recovery at the next
regularly scheduled City Council meeting.
3. Hazardous and Substandard Buildings: In appropriate cases the City may elect to
enforce the provisions of this ordinance pursuant to 1Vlinnesota Statues, Section 463.15-
462.26.
4. Cost Recovery: The owner of properry on which a nuisance has been abated by the
City, or a person who has caused a public nuisance on property not owned by that person,
shall be personally responsible to the City for the cost of abatement, including
administrative costs and any other expenses incurred by the City while performing the
work. As soon as the work has been completed and the cost determined, the City Clerk or
other official designated by the Council shall prepare a bill for the cost and ma,il it to the
owner or other responsible party. Thereupon, the amount shall be immediately due and
payable at the office of the City Clerk.
5. Assessment: If the cost, or any portion of it, has not been paid under Subdivision 4,
within 30 days after the date of the bill, the unpaid cost may be certified against the
properry to which the cost is attributable in accordance with 1Vrnnesota Statutes, Chapter
429. Before the unpaid costs are certified against the properry, the property owner must
be given notice and hearing as required by 1V�nnesota Statute 429.Ob9.
6. Penalty: Any person in violation of any of the provisions in this Chapter shall be guilty
of a misdemeanor. Each day on which such violation continues shall constitute a separate
offense.
7. Hinderance: Any person hindering the efforts of City officials to investigatepossible
violations of this ordinance shall be guilty of a misdemeanor.
8. Conflict of Ordinance: In any case where a provision of this Chapter is found xo be in
conflict with a provision of any zoning, building, fire, safety, or health ordinance or code
in this City, the provision which establishes the higher standard for the promotion and
protection of the health and safety of the people shall prevail. In any case where a
provision of this chapter is found to be in conflict with a provision of any other ordinance
or code of the City existing on the effective date of this Chapter which established a lower
standard for the promotion and protection of the health and safety of the people, the
provision of this Chapter shall be deemed to prevail. The determination of the
applicability of this Chapter in light of the above rules of interpretation shall be made by
11