CITY OF FRAZEE MINNESOTA

ORDINANCE NO. 152

AN ORDINANCE REGULATING BUILDING STANDARDS WITHIN THE CITY OF FRAZEE, MINNESOTA

The City Council of Frazee, Minnesota ordains:

9-4-1: FINDINGS AND PURPOSE:

The city council finds that it is in the best interest of the city to protect the public health, safety, and general welfare of its citizens by adoption of these building standards. The intent of this ordinance is to further the following objectives:

A. To preserve the value of buildings within the city;

B. To protect the character and stability of buildings within the city;

C. To provide minimum standards of maintenance for buildings within the city; and

D. To correct building conditions that do not comply with the standards of maintenance established herein.

9-4-2: DEFINITIONS:

A. General:

1. Scope: Unless otherwise expressly stated, the following terms shall, for the purposes of this chapter, have the meanings shown in this section.

2. Interchangeability: Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural the singular.

3. Terms Defined In Other Codes: Where terms are not defined in this section and are defined in the city's building code, fire code, or zoning code, such terms shall have the meanings ascribed to them as in those codes.

4. Terms Not Defined: Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.

5. Parts: Whenever the words "dwelling unit", "dwelling", "premises", or "building" are stated in this chapter, they shall be construed as through they were followed by the words "or any part thereof".

1

B. General Definitions:

APPROVED: Approved by the code official.

BASEMENT: That portion of a building which is partly or completely below grade.

BATHROOM: A room containing plumbing fixtures including a bathtub or shower.

BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy.

CODE OFFICIAL: The official who is charged with the administration and enforcement of this chapter, or any duly authorized representative.

CONDEMN: To adjudge unfit for occupancy.

DWELLING: Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants; provided that temporary housing as hereinafter defined shall not be regarded as a dwelling.

DWELLING UNIT: A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

EXTERMINATION: The control and elimination of insects, rats, or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping, or by any other approved pest elimination methods.

GARBAGE: Any organic waste normally produced from the handling and preparation of foods and decayed and spoiled food from any source. Garbage does not include yard waste or any inorganic rubbish.

GUARD: A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.

IMMINENT DANGER: A condition which could cause serious or life threatening injury or death at any time.

INFESTATION: The presence, within or contiguous to, a building or premises of insects, rats, vermin, or other pests.

LET FOR OCCUPANCY OR LET: To permit, provide, or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premises, or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement, or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.

MANAGER: Any person who has charge, care, or control of a building or premises which is let or offered for occupancy.

2

OCCUPANCY: The purpose for which a building or portion thereof is utilized or occupied.

OCCUPANT: Any individual living or sleeping in a building, or having possession of a space within a building.

OWNER: Any person, agent, operator, firm, or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county, or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

PERSON: An individual, corporation, partnership, or any other group acting as a unit.

PREMISES: A lot, plot, or parcel of land, easement, or public way, including any buildings thereon.

PUBLIC WAY: Any street, alley, or similar parcel of land essentially unobstructed from the ground to the sky.

ROOMING UNIT: Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.

RUBBISH: Inorganic materials such as packaging products, cans, bottles, paper, ashes, sweepings, and other similar inorganic waste.

STRICT LIABILITY OFFENSE: An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case, in which it is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do.

STRUCTURE: That which is built or constructed or a portion thereof.

TEMPORARY HOUSING: Any tent, trailer, or other structure used for human shelter, which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than thirty consecutive days.

TENANT: A person, corporation, partnership, or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.

VENTILATION: The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.

WORKMANLIKE: Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged, and without marring adjacent work.

3

9-4-3: ADMINISTRATION:

A. Applicability:

1. General: The provisions of this chapter shall apply to all matters affecting or relating to buildings and premises. Where, in a specific case, different sections of this chapter specify different requirements, the most restrictive shall govern.

2. Maintenance: Equipment, systems, devices, and safeguards required by this chapter or a previous regulation or code under which the building or premises was constructed, altered, or repaired shall be maintained in good working order. No manager, owner, or occupant shall cause any service, facility, equipment, or utility which is required under this section to be removed from or shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this chapter are not intended to provide the basis for removal of fire protection and safety systems and devices in existing buildings. Except as otherwise specified herein, the owner or the owner's designated agent shall be responsible for the maintenance of buildings and premises.

3. Application of Other Codes: Repairs, additions, or alterations to a building, or changes of occupancy, shall be done in accordance with the procedures and provisions of the city building code. Nothing in this chapter shall be construed to cancel, modify, or set aside any provision of the zoning code.

4. Existing Remedies: The provisions in this chapter shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any building, which is dangerous, unsafe, and unsanitary.

5. Workmanship: Repairs, maintenance work, alterations, or installations, which are caused directly or indirectly by the enforcement of this chapter, shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's installation instructions.

6. Historic Buildings: The provisions of this chapter shall not be mandatory for existing buildings officially designated as historic buildings when such buildings are judged by the code official to be safe and in the public interest of health, safety, and welfare.

7. Conflict of Regulations: In any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, fire, safety, or health ordinance or code of the city, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people, shall prevail.

B. Code Official, Maintenance Inspections:

1. Appointment: The city council shall appoint a code official to administer this chapter.

4

2. Designees: The code official shall have the authority to appoint designees to carry out the inspections and to enforce the provisions of this chapter. Whenever code official is stated in this chapter, it includes all designees of the code official.

3. Liability: The code official, officer, or employee charged with the enforcement of this chapter, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this chapter shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit, or proceeding that is instituted in pursuance of the provisions of this chapter; and the code official, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions by reason of any act or omission in the performance of official duties in connection therewith.

4. Fees: The fees for activities and services performed by the code official or appointed designees under this chapter shall be set by the city council through approval and adoption of a fee schedule. The most current adopted fee schedule shall be used.

C. Duties and Powers of Code Official:

1. General: The code official shall enforce the provisions of this chapter.

2. Rule Making Authority: The code official shall have authority as necessary in the interest of public health, safety, and general welfare to: adopt and promulgate rules and procedures; interpret and implement the provisions of this chapter; secure the intent thereof; and designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this chapter, or of violating accepted engineering methods involving public safety.

3. Inspections: The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.

4. Right of Entry: The code official is authorized to enter the building or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the code official is authorized to pursue recourse as provided by law.

5. Identification: The code official shall carry proper identification when inspecting buildings or premises in the performance of duties under this chapter.

6. Required Testing: The owner is required to present proper evidence that any material or methods used conforms to the requirements of this code. The code official designated by the

5

city council to enforce this chapter shall have the authority to require test reports or investigations as evidence of compliance. The cost of all tests, reports, and investigations shall be paid by the owner.

7. Notices and Orders: The code official shall issue all necessary notices or orders to ensure compliance with this chapter.

8. Records: The code official shall keep official records of all business and activities specified in the provisions of this chapter. Such records shall be retained in the official records pursuant to the document retention policy of the city.

9. Coordination of Inspections: Whenever the enforcement of this chapter or another code or ordinance, the responsibility of more than one code official of the jurisdiction is involved, it shall be the duty of the code officials involved to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the building shall not be subjected to visits by numerous inspectors or multiple or conflicting orders.

9-4-4: STANDARDS FOR THE EXTERIOR OF ALL BUILDINGS:

A. General:

1. Scope: The provisions of this section shall apply to all buildings within the city.

2. Responsibility: The owner shall be responsible for compliance with the requirements of this section.

B. Standards:

1. General: The exterior of any building shall be maintained in good repair so as not to pose a threat to the public health, safety, or welfare.

2. Treatment: All exterior surfaces, including, but not limited to, doors, door and window frames, cornices, porches, and trim, shall be maintained in good condition. Exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking, and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and watertight.

3. Address Numbers: Buildings shall have approved address numbers, building numbers, or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numbers or alphabetic letters. Numbers shall be a minimum of four inches (102 mm) high with a minimum stroke width of one half inch (12.7 mm). Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole, or other sign or means shall be used to identify the building.

6

4. Structural Members: All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.

5. Foundation Walls: All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents.

6. Exterior Walls: All exterior walls shall be free from holes, breaks, loose, or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.

7. Roofs and Drainage: The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the building. All gutters and downspouts shall be functional on every building such that full and complete drainage away from the building occurs.

8. Decorative Features: All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.

9. Overhang Extensions: All canopies, marquees, signs, metal awnings, fire escapes, standpipes, exhaust ducts, and similar overhang extensions shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment. All soffit and fascia areas shall be reasonably weathertight, watertight and rodent-proof; and shall be kept in a workmanlike state of maintenance and repair.

10. Stair and Walking Surfaces: Every stair, ramp, balcony, porch, deck, or other walking surface shall be kept in a proper state of repair and maintained free from hazardous conditions.

11. Stairways, Decks, Porches, and Balconies: Every exterior stairway, deck, porch, and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.

12. Chimneys and Towers: All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment.

13. Exhaust Vents: Pipes, ducts, conductors, fans, or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors, or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.

14. Handrails and Guards: Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.

15. Window, Skylight, Door, and Frames: Every window, skylight, door, and frame shall be kept in sound condition, good repair, and weathertight.

7

a. Openable Windows: Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.

16. Insect Screens: During the appropriate season, every window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged, or stored, shall be supplied with approved tightly fitting screens.

17. Doors: All exterior doors, door assemblies, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units, and guestrooms shall tightly secure the door.

18. Basement Hatchways: Every basement hatchway shall be maintained to prevent the entrance of rodents, rain, and surface drainage water.

9-4-5: STANDARDS FOR THE INTERIOR OF ALL DWELLINGS:

A. General:

1. Scope: The provisions of this section shall apply to all dwellings within the city.

2. Responsibility: Unless otherwise stated, the owner shall be responsible for compliance with the requirements of this section. An owner or manager shall not permit another person to occupy dwellings which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter.

B. Minimum Standards for Basic Equipment and Facilities: No person shall occupy as owner/occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking, or eating therein, which does not comply with the following requirements:

1. Kitchen Sink: Every dwelling unit shall contain a kitchen sink in good working condition and properly connected to a water and sewer system.

2. Toilets: Every dwelling unit shall contain a room which affords privacy to a person within said room and which is equipped with a flush water closet and a lavatory basin in good working condition and properly connect to a water and sewer system.

3. Bath: Every dwelling unit shall contain, within a room which affords privacy to a person within said room, a bathtub or shower in good working condition and properly connected to a water and sewer system.

4. Water: Every kitchen sink, lavatory basin, bathtub, shower, and laundry facilities required under the provisions of this chapter shall be properly connected with both hot and cold water lines in good working order. If served by private wells, the water shall be tested annually. A copy of the results of the test shall be filed with the city and posted on the site.

5. Rubbish and Garbage: Every dwelling unit shall have adequate disposal facilities or storage containers for rubbish, garbage, and recyclables in accordance with the requirements of

8

applicable city ordinances. Rubbish and garbage shall be collected and disposed of in accordance with the requirements of applicable city ordinances.

6. Smoke Detector: Smoke detectors shall be installed in hallways or areas giving access to each separate sleeping area. Where sleeping rooms are on the upper level only, the detector shall be placed at the center of the ceiling directly above the stairway. Smoke detectors shall also be installed in the basement of a dwelling unit having a stairway which opens from the basement into the dwelling unit.

7. Fire Extinguisher. Every dwelling unit shall be equipped with a fire extinguisher with a minimum rating of 2A10BC.

8. Carbon Monoxide Alarm: A carbon monoxide alarm shall be installed outside and not more than 10 feet from each separate sleeping area or bedroom. An alarm shall be installed on each level containing sleeping areas or bedrooms.

9. Hot Water: Every dwelling shall have supplied water-heating facilities which are properly installed, are maintained in safe and good working condition, are properly connected with hot water lines required under the provisions of this chapter, and are capable of heating water to such temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub, or shower at a temperature of not less than 120°F. Such supplied water-heating facilities shall be capable of meeting the requirements of this chapter when the dwelling or dwelling unit heating facilities required are not in operation.

10. Exits:

a. Every dwelling unit shall have safe, unobstructed means of egress leading to safe and open space at ground level as required by the laws of this state.

b. No basement or cellar area or room may be tenant occupied for sleeping purposes unless a properly sized and installed second emergency exit is present and approved.

C. Minimum Standards for Light, Ventilation, and Heating: No person shall occupy as owner/occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:

1. Emergency Exit: Every habitable room used for sleeping purposes shall have at least one openable window, second door, or other opening facing directly to the outdoors or leading directly to a room that has an opening directly outdoors. The minimum openable area of the window or other area shall be sufficient in size to allow for emergency egress; it being the intent of this provision to ensure that there are two means of escape from all habitable rooms used for sleeping. The window or other opening shall have a minimum net clear openable width of 20 inches, a minimum net clear openable height of 24 inches, and the finished sill height shall not be more than 44 inches above the floor. The minimum total area shall not be less than 5.7 square feet. Escape windows or other openings with finished sill heights below the adjacent ground level shall have a window well that is at least as deep as the window sill, extends at least 36 inches from the building, and allows the opening of the window to a full 90 degrees. Existing emergency exits that fail to meet the standards contained in this subsection, shall, at a

9

minimum, meet the standards specified in the building code that was in effect at the time of construction or alteration/modification.

2. Ventilation: Every habitable room shall have at least one window or skylight which can easily be opened or such other means to adequately ventilate the room as approved by the city. Whenever the only window in a room is a skylight-type window in the top of such room, the total window area of such skylight shall equal at least 15% of the total floor area of such room. Existing habitable rooms that fail to meet the standards contained in this subsection, shall, at a minimum, meet the standards specified in the building code that was in effect at the time of construction or alteration/modification.

3. Bathroom Light and Ventilation: Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in this section except that no window or skylight shall be required in adequately ventilated bathrooms and water closet compartments equipped with ventilation.

4. Electric Outlets: Every habitable room of a dwelling shall contain at least two separate floor or wall-type electric convenience outlets or one such convenience outlet and one supplied ceiling type electric light fixture; and every water closet compartment, bathroom, laundry room, furnace room, and public hall shall contain at least one supplied ceiling or wall-type electric light fixture. Every such outlet and fixture shall be properly installed, shall be maintained in good and safe working condition, and shall be connected to the source of electric power in a safe manner. Every dwelling unit must have access to the fuse or circuit boxes serving that unit for safety purposes. Any outlet located within six feet of a water source shall be GFCI protected.

5. Heating Facilities: Every dwelling shall have heating facilities which are properly installed, are maintained in safe and good working condition, and are capable of safely and adequately heating all habitable rooms, bathrooms, and water closet compartments in every dwelling unit located therein to a temperature of at least 70°F, at a distance of three feet above floor level, under ordinary minimum winter conditions. Every dwelling unit must have access at all times to the heating thermostat controls for its heating supply.

6. Lighting Halls and Stairways: Every hallway and stairway in every multiple dwelling containing five or more dwelling units shall be adequately lighted at all times. Every hallway and stairway in buildings devoted solely to dwelling occupancy and containing not more than four dwelling units may be supplied with conveniently located light switches, controlling an adequate lighting system which may be turned on when needed, instead of full-time lighting.

7. Rodent protection: Every basement or cellar window used or intended to be used for ventilation and every other opening to a basement which might provide an entry for rodents shall be supplied with a screen or such other device as will effectively prevent their entrance.

D. General Requirements Relating to the Safe and Sanitary Maintenance of Dwelling and Dwelling Units: No person shall occupy as owner/occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:

10

1. Foundation, Floor, Wall, Ceiling, and Roof: Every foundation, floor, wall, ceiling, and roof shall be reasonably weathertight, watertight, and rodent-proof, shall be capable of affording privacy, and shall be kept in good repair.

2. Structural Members: All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.

3. Exterior Opening: Every window, exterior door, and basement hatchway shall be reasonably weathertight, watertight, and rodent-proof and shall be kept in sound working condition and good repair.

4. Stairs and Porches: Every inside and outside stair, every porch, and every appurtenance thereto shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon and shall be kept in sound condition and good repair. Properly installed and maintained handrails are required on all stairs with four risers or more. Guardrails shall be present to prevent any opening from being over four inches on all porches, balconies, stairs, or landings which are higher than 30 inches off the ground. Guardrails may not be less than 36 inches in height. Existing stairs and porches that fail to meet the standards contained in this subsection, shall, at a minimum, meet the standards specified in the building code that was in effect at the time of construction or alteration/modification.

5. Plumbing Fixtures: Every plumbing fixture and water waste pipe shall be properly installed and maintained in good sanitary working condition, free from defects, leaks, and obstructions.

6. Floor Surfaces: Every water closet compartment floor surface, bathroom floor surface, kitchen floor surface, and kitchen counter surfaces shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.

7. Supplied Facilities: Every supplied facility, piece of equipment, or utility, which is required under this section, shall be so constructed or installed that it will function safely and effectively and shall be maintained in satisfactory working condition.

8. Continuous Service of Facilities: No owner, operator, or occupant shall cause any service, facility equipment, or utility, which is required under this section, to be removed from or shut off from or discontinued for any occupied dwelling let or occupied by the owner, operator, or occupant, except for such temporary interruption as may be necessary while actual repairs or alterations are in process.

9. Fitness for Occupancy: No owner shall occupy or let to any other occupant any vacant dwelling unit unless it is clean, sanitary, and fit for human occupancy.

E. Minimum Standards for Space, Use, and Location: No person shall occupy or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:

1. Living Space: Every dwelling unit shall contain for use as living space at least 150 square feet of floor space of habitable room floor space for the first occupant thereof and at least 100

11

additional square feet of habitable room floor space for every additional occupant thereof. Sleeping space to be contained within a dwelling unit shall be a separate requirement in accordance within this section and shall not be counted in the calculation of living space to be contained in the unit under this section.

2. Sleeping Space: In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of habitable room floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 40 square feet of habitable room floor space for each occupant thereof.

3. Access to Toilet Facilities: No dwelling or dwelling unit used for rental purposes containing two or more sleeping rooms shall have such room arrangements that access to a bathroom or water closet compartment intended for use by occupants of more than one sleeping room can be had only by going through another sleeping room, nor shall room arrangements be such that access to a sleeping room can be had only by going through another sleeping room or a bathroom or water closet compartment.

4. Ceiling Height: The floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof.

5. Basements: No basement space shall be used as a habitable room or dwelling unit unless:

a. It shall comply with this chapter.

b. The floor and walls must be constructed so as to reasonably prevent leakage of underground and surface runoff water. Proper drainage must be provided away from the building, and floors and walls must be protected against dampness.

c. There is adequate window space sufficient for ventilation and escape.

F. Responsibilities of Owners and Occupants:

1. Public Areas: Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof.

2. Cleanliness: Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit, and premises thereof which the occupant controls.

3. Rubbish: Every occupant of a dwelling or dwelling unit shall dispose of all rubbish in a clean and sanitary manner by placing it in the rubbish or recycling containers as required by city ordinance.

4. Garbage: Every occupant of a dwelling or dwelling unit shall dispose of all garbage and any other organic waste which might provide food for rodents in a clean and sanitary manner by placing it in the garbage disposal facilities or garbage storage containers required by this chapter. It shall

12

be the responsibility of the owner to supply such facilities or containers for all dwelling units in a dwelling containing more than four dwelling units and for all dwelling units located on premises where more than four dwelling units share the same premises. In all other cases, it shall be the responsibility of the occupant to furnish such facilities or containers.

5. Extermination of Pests: Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents, or other pests therein or on the premises, and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever the dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this section, whenever infestation is caused by failure of the owner to maintain a dwelling in a rodent or reasonably insect-proof condition, extermination shall be 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, extermination thereof shall be the responsibility of the owner.

6. Plumbing Fixtures: Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.

9-4-6: ENFORCEMENT:

A. Violations:

1. Unlawful Acts: It shall be unlawful for a person, firm, or corporation to be in conflict with or in violation of any of the provisions of this chapter.

2. Notice of Violation: The code official shall serve a notice of violation or order in accordance with subsection B of this section.

3. Prosecution of Violation: Any person failing to comply with a notice of violation or order served in accordance with subsection B of this section shall be deemed guilty of a misdemeanor, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building in violation of the provisions of this chapter or of the order or direction made pursuant thereto. Any action taken by the city shall be charged against the real estate upon which the building is located and shall be a lien upon such real estate.

4. Violation of Provisions; Penalties: Any person who shall violate a provision of this chapter, or fail to comply therewith, or with any of the requirements thereof, may be prosecuted within the limits provided by state or city code. Violation shall be deemed a misdemeanor. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The penalty provisions of title 1, chapter 4 of the city code also apply.

5. Abatement of Violation: The imposition of the penalties herein prescribed shall not preclude the legal officer of the city from instituting appropriate action to restrain, correct, or abate a

13

violation, or to prevent illegal occupancy of a building, structure, or premises, or to stop an illegal act, conduct, business, or utilization of the building, structure, or premises.

B. Notices and Orders:

1. Notice to Person Responsible: Whenever the code official determines that there has been a violation of this chapter or has grounds to believe that a violation has occurred, notice shall be given to the person responsible in the manner prescribed in subsections B2 and B3 of this section.

2. Form: Such notice prescribed in subsection B1 of this section shall be in accordance with all of the following:

a. Be in writing.

b. Include a description of the real estate sufficient for identification.

c. Include a statement of the violation or violations and why the notice is being issued.

d. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or building into compliance with the provisions of this chapter.

3. Method of Service: Such notice shall be deemed to be properly served if a copy thereof is:

a. Delivered personally;

b. Sent by certified or first class mail addressed to the last known address of the person responsible; or

c. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the building affected by such notice.

4. Penalties: Penalties for noncompliance with orders and notices shall be as set forth in subsection A4 of this section.

5. Transfer of Ownership: It shall be unlawful for the owner of any dwelling unit or building who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease, or otherwise dispose of such dwelling unit or building to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee, or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee, or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.

14

C. Unsafe Buildings and Equipment:

1. General: When a building or equipment is found by the code official to be unsafe, or when a building is found unfit for human occupancy, or is found unlawful, such building shall be condemned pursuant to the provisions of this subsection.

a. Unsafe Buildings: An "unsafe building" is one that is found to be dangerous to the life, health, property, or safety of the public or the occupants of the building by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such building contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation, that partial or complete collapse is possible.

b. Unsafe Equipment: Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers, or other equipment on the premises or within the building which is in such disrepair or condition that such equipment is a hazard to life, health, property, or safety of the public or occupants of the premises or building.

c. Building Unfit for Human Occupancy: A building is unfit for human occupancy whenever the code official finds that such building is unsafe, unlawful or, because of the degree to which the building is in disrepair or lacks maintenance, is unsanitary, vermin, or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities, or other essential equipment required by this chapter, or because the location of the building constitutes a hazard to the occupants of the building or to the public.

d. Unlawful Building: An unlawful building is one found in whole or in part to be occupied by more persons than permitted under this chapter, or was erected, altered, or occupied contrary to law.

2. Closing of Vacant Buildings: If the building is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the building closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the building is located and shall be a lien upon such real estate and may be collected by any other legal resource.

3. Notice: Whenever the code official has condemned a building or equipment under the provisions of this subsection, notice shall be posted in a conspicuous place in or about the building affected by such notice and served on the owner or the person or persons responsible for the building or equipment in accordance with subsection B3 of this section. If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in subsection B2 of this section.

4. Placarding: Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective

15

equipment a placard bearing the word "condemned" and a statement of the penalties provided for occupying the premises, operating the equipment, or removing the placard.

a. Placard Removal: The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this section.

5. Prohibited Occupancy: Any occupied building condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this section.

D. Emergency Measures:

1. Imminent Danger: When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any building or part of a building has fallen and life is endangered by the occupation of the building, or when there is actual or potential danger to the building occupants or those in the proximity of any building because of explosives, explosive fumes, or vapors or the presence of toxic fumes, gases, or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such building a notice reading as follows: "This Building is Unsafe and Its Occupancy Has Been Prohibited by the Code Official". It shall be unlawful for any person to enter such building except for the purpose of securing the building, making the required repairs, removing the hazardous condition, or of demolishing the same.

2. Temporary Safeguards: Notwithstanding other provisions of this section, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such building temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause other such action to be taken as the code official deems necessary to meet such emergency.

3. Closing Streets: When necessary for the public safety, the code official shall temporarily close buildings and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe buildings, and prohibit the same from being utilized.

4. Emergency Repairs: For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.

5. Costs of Emergency Repairs: Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe building is or was located for the recovery of such costs.

16

6. Hearing: Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the city council, be afforded a hearing as described in subsection F.

E. Demolition:

1. General: The code official shall order the owner of any premises upon which is located any building, which in the code official's judgment is so old, dilapidated, or has become so out of repair as to be dangerous, unsafe, unsanitary, or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the building, to demolish and remove such building; or if such building is capable of being made safe by repairs, to repair and make safe and sanitary, or to demolish and remove at the owner's option.

2. Notices and Orders: All notices and orders shall comply with subsection B of this section.

3. Failure to Comply: If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the building to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the building is located and shall be a lien upon such real estate.

4. Salvage Materials: When any building has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, to the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.

F. Appeals: Any person directly affected by a decision of the code official or a notice or order issued under this chapter shall have the right to appeal to the city council, provided that a written request for appeal is filed within 15 days after the day the decision, notice, or order was served. A request for appeal shall be based on a claim that the true intent of this chapter or the rules, legally adopted thereunder, have been incorrectly interpreted, the provisions of this chapter do not fully apply, or the requirements of this chapter are adequately satisfied by other means. Enforcement of the notice or order (other than an imminent danger notice) shall be stayed during the appeals process. The appeal will be heard by the city council at its next meeting, occurring at least 15 days after the filing of the request for appeal, at which time the appellant or the appellant’s representative, may appear and make a presentation to the city council. After the hearing, the council may uphold, reverse, or modify the requirements of the notice or order based upon the provisions of this chapter and upon the protection of the public health, sanitation, safety, or general welfare of the community at large. The city council shall issue written findings and determination within 31 days of the hearing.

17