HomeMy WebLinkAboutOrdinance No. 4466 - Second Reading: Repeal & Replace City Code Title 7 relating to Housing Code
ORDINANCE NO___________
AN ORDINANCE REPEALING IN WHOLE CHAPTERS 7-1, 7-2, 7-
3, 7-4, 7-5 AND 7-6 AND REPLACING WITH NEW CHAPTERS 7-
1, 7-2, 7-3, 7-4, 7-5, 7-6 AND CREATING CHAPTERS 7-7, 7-8, 7-
9 AND 7-10 OF TITLE 7 OF THE ROCHESTER CODE OF
ORDINANCES RELATING TO HOUSING CODE.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER ORDAINS:
Section 1. Chapter 7-1 of Title 7 of the Rochester Code of Ordinances is hereby
repealed and replaced to read as follows:
Chapter 7-1. – Definitions
Sec. 7-1-1 - Scope.
Unless otherwise expressly stated, the following terms shall, for the purposes of this code,
have the meanings shown in this chapter.
Sec. 7-1-2 - 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.
Sec. 7-1-3 - Terms defined in other codes.
Where terms are not defined in this code and are defined in the International Building Code,
International Existing Building Code, Inter-national Fire Code, International Fuel Gas Code,
International Mechanical Code, International Plumbing Code, International Residential Code,
International Zoning Code or NFPA 70, such terms shall have the meanings ascribed to them as
stated in those codes.
Sec. 7-1-4 - 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.
Sec. 7-1-5 - Parts.
Whenever the words “dwelling unit,” “dwelling,” “premises,” “building,” “rooming house,”
“rooming unit,” “housekeeping unit” or “story” are stated in this code, they shall be construed as
though they were followed by the words “or any part thereof.”
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Anchored means secured in a manner that provides positive connection.
Apartment means one or more rooms located within a dwelling with facilities, which are used
or intended to be used by a single family for living, sleeping, cooking and eating
Approved means acceptable to the code official.
Basement means that portion of a building that is partly or completely below grade.
Bathroom means a room containing plumbing fixtures including a bathtub or shower.
Bedroom means any room, space used, or intended to be used for sleeping purposes in either
a dwelling or sleeping unit.
Code Official means the official who is charged with the administration and enforcement of this
code, or any duly authorized representative.
Condemn means to adjudge unfit for occupancy.
Cost Of Such Demolition Or Emergency Repairs means the costs shall include the actual costs
of the demolition or repair of the structure less revenue obtained if salvage was conducted prior to
demolition or repair. Costs shall include, but not be limited to, expenses incurred or necessitated
related to demolition or emergency repairs, such as asbestos survey and abatement if necessary;
costs of inspectors, testing agencies or experts retained relative to the demolition or emergency
repairs; costs of testing; surveys for other materials that are controlled or regulated from being
dumped in a landfill; title searches; mailing(s); postings; recording; and attorney fees expended for
recovering of the cost of emergency repairs or to obtain or enforce an order of demolition made by
a code official, the governing body or board of appeals.
Department Of Community Development means the department of community development at
the City.
Detached means when a structural element is physically disconnected from another and that
connection is necessary to provide a positive connection.
Deterioration means to weaken, disintegrate, corrode, rust or decay and lose effectiveness.
Dwelling Unit means a single unit providing complete, independent living facilities for one or
more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
Easement means that portion of land or property reserved for present or future use by a
person or agency other than the legal fee owner(s) of the property. The easement shall be per-
mitted to be for use under, on or above said lot or lots.
Equipment Support means those structural members or assemblies of members or
manufactured elements, including braces, frames, lugs, snugger, hangers or saddles, that transmit
gravity load, lateral load and operating load between the equipment and the structure.
Efficiency Apartment means an apartment consisting of not more than one habitable room
with kitchenette and sanitary facilities.
Exterior Property means the open space on the premises and on adjoining property under the
control of owners or operators of such premises.
Family is defined as:
1. One or more individuals related by blood, marriage, or adoption.
2. A group of not more than five persons, some of all or whom are related by blood, marriage,
or adoption, occupying a single dwelling unit or
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3. Any group of people whose right to live together as a household is protected by the federal
Fair Housing Amendment Act as amended and interpreted by the courts.
Garbage mean the animal or vegetable waste resulting from the handling, preparation,
cooking and consumption of food.
\[Be\] Guard means abuilding component or a system of building components located at or near
the open sides of elevated walking surfaces, which minimize the possibility of a fall from the walking
surface to a lower level.
Grade means the average of the finished ground level at the center of all walls of a building.
In case walls are parallel to and within five feet of a sidewalk, the above ground level shall be
measured at the sidewalk.
Habitable Space means space in a structure for living, sleeping, eating or cooking. Bathrooms,
toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable
spaces.
Historic Building means any building or structure that is one or more of the following:
1. Listed or certified as eligible for listing, by the State Historic Preservation Officer or the
Keeper of the National Register of Historic Places, in the National Register of Historic Places.
2. Designated as historic under an applicable state or local law.
3. Certified as a contributing resource within a National Register or state or locally designated
Historic district.
Housekeeping Unit means a room or group of rooms forming a single habitable space
equipped and intended to be used for living, sleeping, cooking and eating that does not contain,
within such a unit, a toilet, lavatory and bathtub or shower.
Housing Code means the housing code of the City contained in this title, also referred to as
code throughout.
Imminent Danger means a condition that could cause serious or life-threatening injury or death
at any time.
Infestation means the presence, within or contiguous to, a structure or premises of insects,
rodents, vermin or other pests.
Inoperable Motor Vehicle means a vehicle that cannot be driven upon the public streets for
reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair,
or incapable of being moved under its own power.
IPMC means International Property Maintenance Code
Kitchen Or Kitchenette means a room or area intended to store and prepare food and including
the fixtures and appliances required to facilitate the sanitation of food, food preparation areas, and
cooking appliances and utensils. The room or area must include an approved sink, refrigerator,
and cook range and/or microwave oven.
Labeled means equipment, materials or products to which have been affixed a label, seal,
symbol or other identifying mark of a nationally recognized testing laboratory, approved agency or
other organization concerned with product evaluation that maintains periodic inspection of the
production of the above-labeled items and whose labeling indicates either that the equipment,
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material or product meets identified standards or has been tested and found suitable for a specified
purpose.
Let For Occupancy Or Let means to permit, provide or offer possession or occupancy of a
dwelling, dwelling unit, rooming unit, building, premise 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.
Neglect means the lack of proper maintenance for a building or structure.
Occupancy means the purpose for which a building or portion thereof is utilized or occupied.
Occupant means any individual living or sleeping in a building, or having possession of a
space within a building.
Openable Area means that part of a window, skylight or door which is available for
unobstructed ventilation and which opens directly to the outdoors.
Operator mans any person who has charge, care or control of a structure or premises that is
let or offered for occupancy.
Owner means any person, agent, operator, firm or corporation having 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 means an individual, corporation, partnership or any other group acting as a unit.
Pest Elimination means the control and elimination of insects, rodents or other pests by
eliminating their harborage places; by removing or making inaccessible materials that serve as
their food or water; by other approved pest elimination methods.
Plumbing means all of the following supplied facilities and equipment: gas pipes, gas-burning
equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed
dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch
basins, drains, vents, and any other similar supplied fixtures, together with all connections to water,
sewer or gas lines.
Premises means a lot, plot or parcel of land, easement or public way, including any structures
thereon.
Public Way means any street, alley or other parcel of land that: is open to the outside air; leads
to a street; has been deeded, dedicated or otherwise permanently appropriated to the public for
public use; and has a clear width and height of not less than 10 feet (3048 mm).
Rooming House means a building designed as a one-family detached dwelling, containing
habitable units providing sleeping and/or living accommodations but not eating or cooking
accommodations, for three or more individuals who are not members of the owner's or operator's
related family. Meals may or may not be provided as part of the services included for
compensation.
Rooming Unit Or Single Occupancy Unit means permitted if it satisfies all of the following:
(1) The SRO unit must have a habitable room of not less than 120 square feet of superficial
floor area. An additional 50 square feet of superficial floor area must be provided for each
occupant in excess of two.
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(2) The SRO unit shall not contain a kitchen or kitchenette. A refrigerator and/or microwave
oven may be used within the unit. Heat producing food preparation appliances, including, but
not limited to, stoves, hot plates, electric fry pans, crock-pots, and toaster ovens, shall not be
used or stored within the unit.
(3) The SRO unit must be provided with a separate bathroom meeting the requirements of
this chapter or shared facilities in accordance with the fixture requirements of the building code
in effect at the time of issuance of the initial registration certificate.
Rubbish means Combustible and noncombustible waste materials, except garbage; the term
shall include the residue from the burning of wood, coal, coke and other combustible materials,
paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust and other similar materials.
Single Room Occupancy (Sro) Unit means any room or group of rooms forming a single
habitable unit used or intended to be used for living, sleeping, and eating, with a lease period of at
least 30 days.
Sleeping Unit means a room or space in which people sleep, which can also include
permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such
rooms and spaces that are part of a dwelling unit are not sleeping units.
Strict Liability Offense means an offense in which the prosecution in a legal proceeding is not
required to prove criminal intent as a part of its case. 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 means that which is built or constructed.
Tenant means a person, corporation, partnership or group, whether or not the legal owner of
record, occupying a building or portion thereof as a unit.
Superficial Floor Area means The net floor area within the enclosing walls of a room in which
the ceiling height is not less than five feet, excluding area occupied by closets and built-in
equipment such as cabinets, kitchen units, fixtures and appliances.
Temporary Housing means any tent, trailer, or other structure used for human shelter 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 30 consecutive days.
Toilet Room means a room containing a water closet or urinal but not a bathtub or shower.
Ultimate Deformation means the deformation at which failure occurs and that shall be deemed
to occur if the sustain-able load reduces to 80 percent or less of the maximum strength.
Ventilation means the natural or mechanical process of supplying conditioned or unconditioned
air to, or removing such air from, any space.
Water Closet means a room containing a flush toilet.
Workmanlike means executed in a skilled manner; e.g., generally plumb, level, square, in line,
undamaged and without marring adjacent work.
Yard means an open space on the same lot with a structure.
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Section 2. Chapter 7-2 of Title 7 of the Rochester Code of Ordinances is hereby repealed
and replaced to read as follows:
Chapter 7-2. – Preface
The council has investigated and finds the following:
(1) There exist in the city structures used for human habitation which are now or may
become in the future substandard with respect to structure, equipment or maintenance, and such
conditions, together with inadequate provisions for light and air, insufficient protection against fire
hazards, lack of proper heating, unsanitary conditions and overcrowding, constitute a danger to
the public health, safety and welfare of its citizens.
(2) The existence of such conditions, factors or characteristics adversely affect public health
and safety and lead to the extension and aggravation of urban blight.
(3) It is in the best interest of the public health, safety and welfare of the people of the city to
establish and enforce minimum housing standards.
Sec. 7-2-1 – Guiding Documents
This Housing Code was developed using guidance from both the International Property
Maintenance Code and the original City of Rochester Housing Code.
The International Property Maintenance Code (IPMC®) establishes minimum requirements
for the maintenance of existing buildings through model code regulations that contain clear and
specific property maintenance and property improvement provisions.
The International Codes (I-Codes), developed by the International Code Council, are a family
of fifteen coordinated, modern building safety codes, including this International Property
Maintenance Code, which help ensure the engineering of safe, sustainable, affordable and resilient
structures.
The I-Codes are the most widely accepted, comprehensive set of model codes used in the
United States. All fifty states, the District of Columbia, and many other countries have adopted the
I-Codes at the state or jurisdictional level.
Sec. 7-2-2. - Responsibility of the department of community development.
The department of community development is hereby given and assigned the responsibility
for supervising the administration and enforcement of the provisions of this title, referred to as
the "Housing Code of the City of Rochester, Minnesota." Administration and enforcement of the
provisions of the housing code shall be through and by the director of community development
and personnel of the department of community development. The department of community
development is given the additional responsibility of further developing a comprehensive and
coordinated program for the improvement of present housing conditions in the City.
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Sec. 7-2-3. - Applicability and scope.
Every portion of a building or premises used or intended to be used for dwelling purposes,
except hotels, motels, rest homes, convalescent homes, hospitals, and nursing homes, shall
comply with the provisions of the housing code irrespective of when such building has been
constructed, altered or repaired, except as hereinafter provided, and any construction, alteration,
or repair thereof or changes of use therein, which are required by the provisions of the housing
code, shall be done in accordance with applicable provisions of the building code. If any provision
of the housing code is inconsistent with a comparable and applicable provision of the building
code, the provision of the building code shall govern to the extent of such inconsistency. As used
in this section, the term "inconsistent" refers to any provisions which are conflicting or
contradictory, and shall also refer to provisions provided by the building code which are not found
in the housing code.
Sec. 7-2-4. - Pre-existing dwellings.
Buildings built under and in full compliance with the code in force at the time of construction
and properly maintained and used for only such use as originally permitted shall be exempt from
the following provisions of the housing code to the extent indicated:
(1) Minimum floor area requirements in section 7-5-16 are reduced by ten percent.
(2) Existing means of exit or egress shall be acceptable if approved by the director of
community development, notwithstanding the residential building code in accordance with the
applicable provisions of the fire code.
Sec. 7-2-5. - Conflicts; higher standard to prevail.
In any case, where a provision of the housing code is found to be in conflict with a provision
of any zoning, building, fire, safety, or health ordinance or code of the city existing on January
31, 2021 the provision that establishes the higher standard for the promotion and protection of
the health and safety of the people shall prevail.
Sec. 7-2-6. - Nuisance authority to continue.
Nothing in the housing code shall be construed or interpreted in any way to impair or limit
the authority of the city to define and declare nuisances or of the director of community
development, the chief of police, or other governmental officials having jurisdiction within the city
to cause the removal or abatement of nuisances as authorized by law.
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Section 3. Chapter 7-3 of Title 7 of the Rochester Code of Ordinances is hereby repealed
and replaced to read as follows:
Chapter 7-3 – Administration And Enforcement
Sec. 7-3-1 - General.
The Housing and Neighborhood Services inspection is hereby created and the executive
official in charge thereof shall be known as the code official.
Sec. 7-3-2 – Appointment.
The code official shall be appointed by the chief appointing authority of the jurisdiction.
Sec. 7-3-3 - Deputies.
Such employees shall have powers as delegated by the code official. The director of
community development shall enforce the provisions of the housing code. This shall not be
construed to prohibit any other city officer or their authorized representative from enforcing the
provisions of the housing code in the aspects related to their specific functions. All notices served
for violations of the housing code shall be filed with the director of community development.
Sec. 7-3-4 – Liability.
The code official, member of the board of appeals or employee charged with the
enforcement of this code, while acting for the jurisdiction, in good faith and without malice in the
discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby
be rendered civilly or criminally liable personally, and is hereby relieved from all personal
liability for any damage accruing to persons or property as a result of an act or by reason of an
act or omission in the discharge of official duties.
Sec. 7-3-5 -Legal defense.
Any suit or criminal complaint 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 code 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 code.
Sec. 7-3-6 Fees.
The fees for activities and services performed by the department in carrying out its
responsibilities under this code shall be as indicated in the following fee schedule:
Fee Category Amount Explanation
Rental Property Registration Certificate
Fees (each building) $112
Rental Property Registration Certificate
Fees (per unit) $37
Rental Certificate Transfer Fee $20
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Administrative Fine Fee $90
Re-instatement Fee (First Unit) $100
Re-instatement Fee (Each Additional
Unit) $20
Re-inspection fees $75-$125 Dependent on number of units
Missed appointment fee $75
Warning issued first, then increase in fees depending
Unregistered rental Up to $500 on number of occurrences
Fee ladder dependent on number of days since
correction deadline or expiration date, whichever is
Late compliance fee $100-$500 later
Late payment fees Up to $130 Fee ladder dependent on number of days late
Depending on size of building and years remaining
Annual vacant building registration $100-$500 vacant
(1) In addition to such other fees as may be imposed by this Code, a nonrefundable fee of
$56.00 for each building and $19.00 for each apartment unit and the first four rooming units
not occupied by the owner shall be paid when an application for a registration certificate and
annually thereafter on the first of the month of their renewal date.
(2) Rental certificates placed on a one-year inspection cycle for scoring highly upon
reinspection will be charged a penalty fee dependent on the number of units and upon
determination of the inspection cycle as follows:
Properties with 1-4 units – $75
Properties with 5-12 units – $100
Properties with 12+ units – $125
(3) If a rental registration renewal fee is not received by the director prior to the expiration of
the certificate, additional fees will be assessed accumulatively as follows:
1-30 days past due: $30
31-60 days past due: $50
61-90 days past due: $50
(4) In addition to any other fee provided by this section, an owner shall pay an additional
fee of $75.00 if, without reasonable cause, the owner fails to keep a scheduled appointment
or cancels on the day of the scheduled inspection.
(5) There shall be no additional fee charged for an initial inspection to determine the
existence of a housing code violation, nor any fee for the first reinspection to determine
compliance with an order to correct a housing code violation. An additional fee shall be
charged for each subsequent reinspection, including photo or video submissions, occurring
after the due date for compliance with an order. The reinspection fee shall be a flat rate
determined depending on the number of units a property has:
Properties with 1-4 units re-inspected – $75
Properties with 5-12 units re-inspected – $100
Properties with 12+ units re-inspected – $125
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Exception: Maximum re-inspection fee amounts are assessed for rental communities, which
hold multiple rental licenses for each building, but are all owned and managed by the same
agency. Rental communities fitting this description with five or more separate rental licenses
will not be assessed more than the total of $45 per license. For example, a rental community
with 20 buildings has a maximum re-inspection fee assessment of $900.
The director, or the director's designee, may waive the reinspection fee in case of an error or
other reasonable cause, including an extension of time granted for compliance, an unclear or
incorrect correction order, or a change of ownership during the time allotted for compliance.
All fees collected under this chapter shall be paid to the city director of finance.
(6) Penalty fees will be assessed when a certificate has been non-compliant and expired
beyond 60 days. This would be applied for rental certificates beyond 60 days from renewal
date or the correction deadline per the notice of violation issued at the most recent inspection:
whichever is later.
Additional fees will be assessed based on the number of units accumulatively per the fee
schedule until the certificate is in compliance:
1-4 units 5-12 units 12+ units
91-120 days $100 $150 $250
121-150 days $125 $250 $500
151-180 days $150 $500 $750
181 days or more Referred to City attorney for legal action
Fees will not be applied if an extension of time is granted for compliance, an unclear or
incorrect correction order, or a change of ownership during the time allotted for compliance
occurs.
(7) An administration fee of $90.00 will be charged for all contract work arranged by the
department of community development for the abatement of a public health or safety hazard,
including, but not limited to provisions of Section 7-4-54 through 7-4-60. The administration
fee will be charged to the property owner in addition to all other costs incurred by the
department abating the public health and safety hazard.
(8) Failure to register. Every person required for registering a dwelling, apartment, or rooming
unit under the provisions of chapter 7-8-1, and who fails to do so, or who allows the property
to be occupied when the registration certificate or right to receive such registration certificate
is revoked or suspended, shall be guilty of a violation of this Code. Each day that a property
is rented out without a valid rental registration certificate on file for that property is a separate
violation. A violation of this section shall be penalized as such:
For new use customers that have no other rental units
1. Written warning
2. Notice of violation- $250.00 fee
3. Final notice- $500.00 fee
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4. Refer for legal action- misdemeanor punishable by up to a $1,000.00 fine, 90 days in jail,
or both.
For existing customers that do have existing rentals
1. Notice of violation- $250.00 fee
2. Final notice- $500.00 fee
3. Refer for legal action- misdemeanor punishable by up to a $1,000.00 fine, 90 days in jail,
or both.
(9) Within 30 days, the new owner or their agent who transfers the title to a property
registered under this chapter shall make application to transfer the registration certificate to
the new owner. A rental certificate transfer fee of $20.00 must be paid at the time that the
application for transfer is submitted to the director. In the case of an option contract where the
holder of the option is collecting rents and/or is paying on the mortgage to the property while
the option remains unexercised, the holder of the option shall be deemed to be the owner of
the property for purposes of this section and shall be required to apply for a rental registration
certificate in his name. The date the option contract is created shall be deemed to be the date
the holder of the option becomes the owner for purposes of this section.
(10) All fees collected under this chapter shall be paid to the city director of finance.
Sec. 7-3-7 – General.
The code official is hereby authorized and directed to enforce the provisions of this code.
The code official shall have the authority to render interpretations of this code and to adopt
policies and procedures in order to clarify the application of its provisions. Such interpretations,
policies and procedures shall comply with the intent and purpose of this code. Such policies and
procedures shall not have the effect of waiving requirements specifically provided for in this
code.
Sec. 7-3-8 – Inspections of dwellings.
The director of community development shall make inspections at reasonable times as
hereinafter provided to determine the condition of dwellings, and premises located within the city
in order to perform the duty of safeguarding the health and safety of the occupants of dwellings
and of the public. For the purpose of making such inspections, the director of building safety is
hereby authorized to enter, examine, and survey at all reasonable times all dwellings and
premises, except that inspection of owner-occupied, single-family dwellings shall only be made
when permitted by the owner, or in an emergency endangering life or property, or when authorized
by court order, warrant, or other judicial process. Inspection of dwellings, other than owner-
occupied single-family dwellings, shall be a condition of the business of leasing or renting such
dwellings to others, and the owner, occupant, or the person in charge of such dwellings shall give
the director of community development free access to such dwellings and its premises, at all
reasonable times, for the purpose of such inspection, examination and survey. No registration
certificate required by the housing code shall be issued if admittance for inspecting the premises
is refused by the owner, occupant, or person in charge.
Sec. 7-3-9 - Identification.
The code official shall carry proper identification when inspecting structures or premises in
the performance of duties under this code.
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Sec. 7-3-10 - Notices and orders.
Whenever the director of community development or designee determines that there are
reasonable grounds to believe that there has been a violation of any provisions of the housing
code, the director or designee shall give notice of such alleged violation to the person responsible
therefor as hereinafter provided. Such notice shall:
(1) Be in writing;
(2) include a description of the real estate sufficient for identification;
(3) Include a statement of the violation for which the notice is being issued;
(4) Specify a reasonable time for the performance of any act it requires; and
(5) Be served upon the owner, or the operator, or the occupant as the case may require.
Such notice shall be deemed to be properly served upon such owner, operator, or
occupant if personally served on any of them, or by delivering electronically to a confirmed
contact such as the owner, operator, or occupant, or if a copy is left at the owner's usual
place of abode with a person of suitable age and discretion, the resident therein, or by
depositing in the United States Post Office, the notice addressed to the owner at the
owner's last known address with postage prepaid thereon, or if service cannot be made
by any one of the above means, then such notice shall be deemed served if a copy of
such notice be posted and kept posted for 48 hours in a conspicuous place on the
premises affected by such notice. Such notice may contain an outline of remedial actions
which, if taken, will effect compliance with the provisions of this title.
Sec. 7-3-11 - Department records.
The code official shall keep official records of all business and activities of the department
specified in the provisions of this code. Such records shall be retained in the official records for the
period required for retention of public records.
Sec. 7-3-12. - Access by owner.
Every occupant of a dwelling, rooming unit or apartment shall give the owner thereof, or
owner's agent or employee, access to any part of such dwelling, rooming unit or apartment, or its
premises, at all reasonable times for the purpose of making such repairs or alterations as are
necessary to effect compliance with the provisions of the housing code or any lawful order issued
pursuant to the provisions of the housing code.
Sec. 7-3-13 - Modifications.
Whenever there are practical difficulties involved in carrying out the provisions of this code,
the code official shall have the authority to grant modifications for individual cases upon
application of the owner or owner's authorized agent, provided the code official shall first find
that special individual reason makes the strict letter of this code impractical, the modification is
in compliance with the intent and purpose of this code and that such modification does not
lessen health, life and fire safety requirements. The details of action granting modifications
shall be recorded and entered in the department files.
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Sec. 7-3-14 - Alternative materials, methods and equipment.
The provisions of this code are not intended to prevent the installation of any material or to
prohibit any method of construction not specifically prescribed by this code, provided that any
such alternative has been approved. An alternative material or method of construction shall be
approved where the code official finds that the proposed design is satisfactory and complies with
the intent of the provisions of this code, and that the material, method or work offered is, for the
purpose intended, at least the equivalent of that prescribed in this code in quality, strength,
effectiveness, fire resistance, durability and safety. Where the alternative material, design or
method of construction is not approved, the code official shall respond in writing, stating the reasons the
alternative was not approved.
Sec. 7-3-15 - Required testing.
Whenever there is insufficient evidence of compliance with the provisions of this code or
evidence that a material or method does not conform to the requirements of this code, or in order
to substantiate claims for alternative materials or methods, the code official shall have the authority
to require tests to be made as evidence of compliance at no expense to the jurisdiction.
Sec. 7-3-16 - Test methods.
Test methods shall be as specified in this code or by other recognized test standards. In the
absence of recognized and accepted test methods, the code official shall be permitted to approve
appropriate testing procedures performed by an approved agency.
Sec. 7-3-17- Test reports.
The code official shall retain reports of tests for the period required for retention of public
records.
Sec. 7-3-18 - Used material and equipment.
The use of used materials that meet the requirements of this code for new materials is
permitted. Materials, equipment and devices shall not be reused unless such elements are in good
repair or have been reconditioned and tested where necessary, placed in good and proper working
condition and approved by the code official.
Sec. 7-3-19 - Approved materials and equipment.
Materials, equipment and devices approved by the code official shall be constructed and
installed in accordance with such approval.
Sec. 7-3-20- Research reports.
Supporting data, where necessary to assist in the approval of materials or assemblies not
specifically provided for in this code, shall consist of valid research reports from approved sources.
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Sec. 7-3-21 - 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 code.
Sec. 7-3-22 - Notice of violation.
The code official shall serve a notice of violation
Sec. 7-3-23 - Prosecution of violation.
Any person failing to comply with a notice of violation or order served in accordance with
Sections 1-3-26 through 7-3-31 shall be deemed guilty of a misdemeanor or civil infraction as
determined by the local municipality, 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 structure in violation of the provisions of this code
or of the order or direction made pursuant thereto.
Any action taken by the authority having jurisdiction on such premises shall be charged
against the real estate upon which the structure is located and shall be a lien upon such real estate.
Sec. 7-3-24 - Violation penalties.
Any person who shall violate a provision of this code, or fail to comply therewith, or with any
of the requirements thereof, shall be prosecuted within the limits provided by state or local laws.
Each day that a violation continues after due notice has been served shall be deemed a separate
offense.
Sec. 7-3-25- Abatement of violation.
The imposition of the penalties herein prescribed shall not preclude the legal officer of the
jurisdiction from instituting appropriate action to restrain, correct or abate a 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.
Sec. 7-3-26- Notice to person responsible.
Whenever the code official determines that there has been a violation of this code or has
grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in
Sections 7-3-27 and 7-3-28 to the person responsible for the violation as specified in this code.
Notices for condemnation procedures shall also comply with Section Sect. 7-3-40.
(1) Whenever the director of community development finds that an emergency exists which
requires immediate action to protect the public health or and safety, the director may, without
notice or hearing, issue to the owner of the property an order reciting the existence of such
an emergency and requiring the owner to take such action as the director deems necessary
to meet the emergency. Notwithstanding the other provisions of the housing code, such order
shall be effective immediately and any person to whom such order is directed shall comply
therewith immediately, but upon petition to the director of community development shall be
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afforded a hearing in the manner prescribed in Sections 7-5-12 through 7-5-23. After such
hearing, the board shall continue such order in effect, or modify it, or revoke it.
(2) The abatement procedure in Section 7-3-25 shall apply if the property owner fails to comply
with the emergency order within the timelines established above.
Sec. 7-3-27 - Form.
Such notice prescribed in Section 7-3-26 shall be in accordance with all of the following:
(1) Be documented on paper or electronically.
(2) Include a description of the real estate sufficient for identification.
(3) Include a statement of the violation or violations and why the notice is being issued.
(4) Include a correction order allowing a reasonable time to make the repairs and
improvements required to bring the dwelling unit or structure into compliance with the
provisions of this code.
(5) Inform the property owner or owner's authorized agent of the right to appeal.
(6) Include a statement of the right to file a lien in accordance with Section 7-3-23.
Sec. 7-3-28 - Method of service.
Such notice shall be deemed to be properly served if a copy thereof is:
(1) Delivered in-person or electronically; or
(2) Sent by certified or first-class mail addressed to the last known address;
Sec. 7-3-29 - Unauthorized tampering.
Signs, tags or seals posted or affixed by the code official shall not be mutilated, destroyed
or tampered with, or removed without authorization from the code official.
Sec. 7-3-30 - Penalties.
Penalties for noncompliance with orders and notices shall be as set forth in Section 7-3-24.
Sec. 7-3-31 - Transfer of ownership.
It shall be unlawful for the owner of any dwelling unit or structure 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 structure to another until the
provisions of the compliance order or notice of violation have been complied with, or until such
owner or the owner's authorized agent 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.
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Sec. 7-3-32 - General.
When a structure or equipment is found by the code official to be unsafe, or when a structure
is found unfit for human occupancy, or is found unlawful, such structure shall be condemned
pursuant to the provisions of this code.
Sec. 7-3-33 - Unsafe structures.
An unsafe structure is one that is found to be dangerous to the life, health, property or safety
of the public or the occupants of the structure by not providing minimum safeguards to protect or
warn occupants in the event of fire, or because such structure 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.
Sec. 7-3-34 - Unsafe equipment.
Unsafe equipment includes any boiler, heating equipment, electrical wiring or device,
flammable liquid containers or other equipment on the premises or within the structure 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 structure.
Sec. 7-3-35- Structure unfit for human occupancy.
A structure is unfit for human occupancy whenever the code official finds that such structure
is unsafe, unlawful or, because of the degree to which the structure 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 code, or because the location of the structure constitutes a hazard to the occupants of the
structure or to the public.
Sec. 7-3-36 - Unlawful structure.
An unlawful structure is one found in whole or in part to be overcrowded if occupied by more
persons than permitted under this code, or was erected, altered or occupied contrary to
law.
Sec. 7-3-37 - Dangerous structure or premises.
any or all of the
For the purpose of this code, any structure or premises that has
conditions or defects described below
shall be considered dangerous:
(1) Any door, aisle, passageway, stairway, exit or other means of egress that does not conform
to the approved building or fire code of the jurisdiction as related to the requirements for
existing buildings.
The minimum existing stair headroom for a rental dwelling is 6’-4” serving all levels containing
habitable/occupied space.
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(2) The walking surface of any aisle, passageway, stairway, exit or other means of egress
is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means
of egress.
(3) Any portion of a building, structure or appurtenance that has been damaged by fire,
earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other
cause to such an extent that it is likely to partially or completely collapse, or to become
detached or dislodged.
(4) Any portion of a building, or any member, appurtenance or ornamentation on the
exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached
or fastened in place to be capable of resisting natural or artificial loads of one and one-half
the original designed value.
(5) The building or structure, or part of the building or structure, because of dilapidation,
deterioration, decay, faulty construction, the removal or movement of some portion of the
ground necessary for the support, or for any other reason, is likely to partially or completely
collapse, or some portion of the foundation or underpinning of the building or structure is
likely to fail or give way.
(6) The building or structure, or any portion thereof, is clearly unsafe for its use and
occupancy.
(7) The building or structure is neglected, damaged, dilapidated, unsecured or abandoned
so as to become an attractive nuisance to children who might play in the building or
structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or
enables persons to resort to the building or structure for committing a nuisance or an
unlawful act.
(8) Any building or structure has been constructed, exists or maintained in violation of any
specific requirements or prohibition applicable.
(9) A building or structure, used or intended to be used for dwelling purposes, because of
inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement,
inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined
by the code official to be unsanitary, unfit for human habitation or in such a condition that is
likely to cause sickness or disease.
(10) Any building or structure, because of a lack of sufficient or proper fire-resistance-rated
construction, fire protection systems, electrical system, fuel connections, mechanical system,
plumbing system or other cause, is determined by the code official to be a threat to life or
health.
(11) Any portion of a building remains on a site after the demolition or destruction of the
building or structure or whenever any building or structure is abandoned to constitute such
building or portion thereof as an attractive nuisance or hazard to public.
Sec. 7-3-38 - Closing of vacant structures.
If the structure 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 structure closed up so as not to be an attractive nuisance. Upon failure of
the owner or owner's authorized agent 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 structure is located and shall be a lien upon such
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real estate and shall be collected by any other legal resource. A vacant building or structure must
comply with Sec. 4-6-4.
Sec. 7-3-39 - Authority to disconnect service utilities.
The code official shall have the authority to authorize disconnection of utility service to the
building, structure or system regulated by this code and the referenced codes and standards
set forth in Section 7-1-1-6.in case of emergency where necessary to eliminate an immediate
hazard to life or property or where such utility connection has been made without approval. The
code official shall notify the serving utility and, whenever possible, the owner or owner’s authorized
agent and occupant of the building, structure or service system of the decision to disconnect prior
to taking such action. If not notified prior to disconnection the owner, owner's authorized agent or
occupant of the building structure or service system shall be notified in writing as soon as practical
thereafter.
Sec. 7-3-40 - Notice.
Whenever the code official has condemned a structure or equipment under the provisions of
this section, notice shall be posted in a conspicuous place in or about the structure affected by
such notice and served on the owner, owner's authorized agent or the person or persons
responsible for the structure or equipment in accordance with Section 7-3-26
(1) If the notice pertains to equipment, it shall be placed on the condemned equipment. The
notice shall be in the form prescribed in Section 7-3-27.
Sec. 7-3-41 - Placarding.
Upon failure of the owner, owner's authorized agent or person responsible to comply with
the notice provisions within the time given, the code official shall post on the premises or on
defective 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.
Sec. 7-3-42- 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 code.
Sec. 7-3-43 - Prohibited occupancy.
Any occupied structure condemned and placarded by the code official shall be vacated
as ordered by the code official. Any person who shall occupy placarded premises or shall
operate placarded equipment, and any owner, owner's authorized agent or person responsible
for the premises who shall let anyone occupy placarded premises or operate placarded
equipment shall be liable for the penalties provided by this code.
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Sec. 7-3-44 - Abatement methods.
The owner, owner’s authorized agent, operator or occupant of a building, premises or
equipment deemed unsafe by the code official shall abate or cause to be abated or corrected
such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective
action. Written permission must be gained by the code official before abatement methods may
begin to clarify the timing and party conducting abatement methods.
Sec. 7-3-45 - Record.
The code official shall cause a report to be filed on an unsafe condition. The report shall
state the occupancy of the structure and the nature of the unsafe condition.
Sec. 7-3-46 - Imminent danger.
When, in the opinion of the code official, there is imminent danger of failure or collapse of
a building or structure that endangers life, or when any structure or part of a structure has
fallen and life is endangered by the occupation of the structure, or when there is actual or
potential danger to the building occupants or those in the proximity of any structure 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 structure a notice reading as follows:
"This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official." It shall
be unlawful for any person to enter such structure except for the purpose of securing the
structure, making the required repairs, removing the hazardous condition or of demolishing the
same.
Sec. 7-3-47 - Temporary safeguards.
Notwithstanding other provisions of this code, 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 structure
temporarily safe whether or not the legal procedure herein described has been instituted;
and shall cause such other action to be taken as the code official deems necessary to meet
such emergency.
Sec. 7-3-48- Closing streets.
When necessary for public safety, the code official shall temporarily close structures and
close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places
adjacent to unsafe structures, and prohibit the same from being utilized.
Sec. 7-3-49 - 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.
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Sec. 7-3-50- 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
or owner's authorized agent where the unsafe structure is or was located for the recovery of such
costs.
Sec. 7-3-51- Hearing.
Any person ordered to take emergency measures shall comply with such order forthwith. Any
affected person shall thereafter, upon petition directed to the appeals board, be afforded a hearing
as described in this code.
Sec. 7-3-52 - General.
The code official shall order the owner or owner's authorized agent of any premises upon
which is located any structure, which in the code official's or owner's authorized agent
judgment after review is so deteriorated or dilapidated or has become so out of repair as to be
dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such
that it is unreasonable to repair the structure, to demolish and remove such structure; or if
such structure is capable of being made safe by repairs, to repair and make safe and sanitary,
or to board up and hold for future repair or to demolish and remove at the owner's option; or
where there has been a cessation of normal construction of any structure for a period of more
than two years, the code official shall order the owner or owner's authorized agent to demolish
and remove such structure, or board up until future repair. Boarding the building up for future
repair shall not extend beyond one year, unless approved by the building official.
Sec. 7-3-53 - Notices and orders.
Notices and orders shall comply with Sections 7-3-26 through 7-3-31.
Sec. 7-3-54 - Failure to comply.
If the owner of a premises or owner’s authorized agent fails to comply with a demolition order
within the time prescribed, the code official shall cause the structure 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 structure is located and shall be a lien upon such real estate.
Sec. 7-3-55 - Salvage materials.
When any structure 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. 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, for 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.
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Sec. 7-3-56 - Authority.
Whenever the code official finds any work regulated by this code being performed in a manner
contrary to the provisions of this code or in a dangerous or unsafe manner, the code official is
authorized to issue a stop work order.
Sec. 7-3-57 - Issuance.
A stop work order shall be in writing and shall be given to the owner of the property, to the
owner's authorized agent, or to the person doing the work. Upon issuance of a stop work order,
the cited work shall immediately cease. The stop work order shall state the reason for the order
and the conditions under which the cited work is authorized to resume.
Sec. 7-3-58- Emergencies.
Where an emergency exists, the code official shall not be required to give a written notice
prior to stopping the work.
Sec. 7-3-59 - Failure to comply.
Any person who shall continue any work after having been served with a stop work order,
except such work as that person is directed to perform to remove a violation or unsafe
condition, shall be liable to an administrative fine of $90.00 for all contract work arranged by the
department of community development for the abatement of a public health or safety hazard,
including, but not limited to, Sections 7-4-54 through 7-4-60. The administration fee will be charged
to the violator in addition to all other costs incurred by the department abating the public health and
safety hazard.
Section 4. Chapter 7-4 of Title 7 of the Rochester Code of Ordinances is hereby
repealed and replaced to read as follows:
CHAPTER 7-4- GENERAL REQUIREMENTS
Sec. 7-4-1 – Scope.
The provisions of this chapter shall govern the minimum conditions and the responsibilities
of persons for maintenance of structures, equipment and exterior property.
Sec. 7-4-2 – Responsibility.
The owner of the premises shall maintain the structures and exterior property in compliance
with these requirements, except as otherwise provided for in this code. A person shall not occupy
as owner-occupant or permit another person to occupy premises that are not in a sanitary and
safe condition and that do not comply with the requirements of this chapter. Occupants of a
dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary
and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which
they occupy and control.
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Vacant structures and land.
Sec. 7-4-3 –
Vacant structures and premises thereof or vacant land shall be maintained in a clean, safe,
secure and sanitary condition as provided herein so as not to cause a blighting problem or
adversely affect the public health or safety.
Definitions.
Sec. 7-4-4 –
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter,
have the meanings indicated in this section.
Dangerous Structure means a structure, which is potentially hazardous to persons or
property, including, but not limited to:
(1) A structure, which is in danger of partial or complete collapse;
(2) A structure with any exterior parts which are loose or in danger of falling; or
(3) A structure with any parts, such as floors, porches, railings, stairs, ramps, balconies or
roofs, which are accessible and which are either collapsed, in danger of collapsing or unable
to support the weight of normally imposed loads.
Secured By Other Than Normal means a building secured by means other than those used
in the design of the building.
Unoccupied means a building, which is not being used for a legal occupancy
Unsecured means a building or portion of a building, which is open to entry by unauthorized
persons without the use of tools or ladders.
Vacant Building means a building or portion of a building, which is:
1) Unoccupied and unsecured.
2) Unoccupied and secured by other than normal means.
3) Unoccupied and a dangerous structure.
4) Unoccupied and condemned.
5) Unoccupied and has multiple housing or building code violations.
6) Condemned and illegally occupied.
7) Unoccupied for a period of time over three hundred sixty-five (365) days and during which
time the enforcement officer has issued an order to correct nuisance conditions.
Vacant building registration.
Sec. 7-4-5 –
1) The owner shall register with the code official no later than thirty (30) days after any building
in the city becomes a vacant building, as defined in Sect. 7-4-4.
2) The registration shall be submitted on forms provided by the code official and shall include
the following information supplied by the owner:
a. A description of the premises;
b. The names and addresses of the owner or owners;
22
c. The names and addresses of all known lienholders and all other parties with an
ownership interest in the building;
d. The period of time the building is expected to remain vacant; and a plan and timetable
for returning the building to appropriate occupancy or use and/or for demolition of the
building.
3) For all vacant buildings, the owner shall submit a plan and timetable, which must meet the
approval of the code official. The code official shall require completion of the plan within a
reasonable period of time, up to three hundred sixty-five (365) days. Any repairs, improvements
or alterations to the property must comply with any applicable housing or building codes.
4) All applicable laws and codes shall be complied with by the owner. The owner shall notify
the enforcement officer of any changes in information supplied as part of the vacant building
registration within thirty (30) days of the change. If the plan or timetable for the vacant building is
revised in any way, the revisions must meet the approval of the code official.
5) The owner and the subsequent owners shall keep the building secured and safe and the
building and ground properly maintained until the rehabilitation or demolition has been completed.
6) Failure of the owner or any subsequent owner to maintain the building and premises that
result in a summary abatement completed by the city shall be grounds for revocation of the
approved plan and shall be subject to any applicable penalties provided by law.
7) The new owner(s) shall register or re-register the vacant building with the enforcement
officer within thirty (30) days of any transfer of an ownership interest in a vacant building. The new
owner(s) shall comply with the approved plan and timetable submitted by the previous owner until
any proposed changes are submitted and meet the approval of the code official.
8) Vacant building fees:
a. For a single-family or two-family residential building, the first-year annual fee shall be $100;
for other residential not exceeding 10,000 square feet, the first-year annual fee shall be $200; for
multifamily residential or commercial buildings exceeding 10,000 square feet, the first-year annual
fee shall be $300. For each year that a building remains a vacant building, the annual registration
fee shall increase by the amount of the first-year annual fee, but not to exceed $500.
The registration fee is intended to at least partially recoup, and shall be reasonably related
to the administrative costs for registering and processing the vacant building owner registration
form and for the costs of the city in monitoring the vacant building site.
b. The first annual fee shall be paid no later than thirty (30) days after the building becomes
vacant. If the fee is not paid within thirty (30) days of being due, the owner shall be subject to
prosecution.
c. The fee shall be paid in full prior to the issuance of any building permits, with the exception
of a demolition permit.
d. All delinquent fees shall be paid by the owner prior to any transfer of an ownership interest
in any vacant building. If the fees are not paid prior to any transfer, the new owner shall pay the
annual fee no later than thirty (30) days after the transfer of ownership and subsequent annual
fees shall be due on the original anniversary date.
e. The annual registration fee may be waived or held in abeyance for the current year, for new
vacant building registrations or upon the anniversary date of the vacancy, if the owner follows
through with a written restoration agreement. The restoration agreement (RA) is a contract between
the City and the owner of a vacant property . It provides the owner and the City with clear
timeframes, work orders, and cost estimates for the complete rehabilitation of a property. It provides
the financial penalties associated with failure to adhere to the specifications included in the
document. By signing the agreement, the owner agrees to compete the work and accept all
conditions, including the penalties and forfeiture of any required deposits or escrows.
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Exemptions.
Sec. 7-4-6 –
1) Fire damaged structures fee exemption. In order to encourage the prompt renovation of
property, the owner of a fire damaged building may be exempt from paying vacant building fees
required under the chapter; provided, that within thirty (30) days from the date of the fire, the owner
at the time of the fire, submits a request for an exemption in writing to the enforcement officer.
This request shall include the following information supplied by the owner:
a. A description of the premises.
b. The names and address of the owner or owners.
c. A statement of intent to repair and reoccupy the building in an expedient manner.
d. An exemption granted under this section shall be valid for no more than six (6) months.
In the event that the owner of the property at the time of the fire who received an exemption under
this section should, at any time after the fire, transfer to another person any ownership interest in
the subject property, the exemption under this section is immediately void and any new owner(s)
shall be responsible for paying any required vacant building fees.
2) Buildings owned by the Olmsted County Housing and Redevelopment Authority (OCHRA).
Buildings owned by the HRA are regularly monitored and maintained by the County. Therefore,
these buildings are exempt from the registration requirements outlined in Sect. 7-4-5.
Inspections.
Sec. 7-4-7 –
The code official shall inspect any premises in the city for the purpose of enforcing and
assuring compliance with the provisions of this chapter. Upon the request of the code official, an
owner shall provide access to all interior portions of an unoccupied building in order to permit a
complete inspection.
The Minnesota Department of Health and acting agency, Olmsted County, shall defer Adult
Foster Care Homes or Community Residential Setting license inspections to the Community
Development department for verification of compliance with Chapter 7 of the R.C.O. Olmsted
County reserves the right to defer the inspection to Community Development when a site does not
successfully pass the review of 245D.22 Subd. 1 of Minnesota Statue. The Community
Development department will assess a $45 inspection fee for the referral. The Adult Foster Care
provider will be required to correct issues within 30 days of notice or be assessed an additional
$45 fee. Corrections not resolved in a timely matter could impact the facility’s license with the
Minnesota Department of Health.
Vacant Property Registry.
Sec. 7-4-8 –
The Community Development department shall maintain a current registry, updated monthly
of all vacant properties which have become known to the code official, as well as a registry of all
previously declared vacant properties which are no longer subject to the provisions of this chapter.
The vacant property registry shall be public as and to the extent provided by law. A copy of the
registry shall be available for review in the office of Development Services and Infrastructure
Center as the case may be.
Collection of unpaid fees.
Sec. 7-4-9 –
1) Written notice.
a. Written notice of fees. The department of community development shall in addition to any
other action the department may undertake, serve written notice of the fees in conformance with
the requirements set forth in this chapter.
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b. Notice for collection of fees shall include the amount of the vacant building fee that is the
responsibility of the building owner and a statement that the fee shall be paid within the time
period(s) identified in the notice.
(2) Fee and liability. The City shall be entitled to collect the costs of vacant building registration
and monitoring. The fees associated with the vacant building program shall be a debt owed to the
city and unpaid costs shall be collected by special assessment under the authority in Minnesota
Statutes. Action under this section does not preclude any other civil or criminal enforcement
procedure.
Sec. 7-4-10 – Sanitation.
Exterior property and premises shall be maintained in a clean, safe and sanitary condition.
The occupant shall keep that part of the exterior property that such occupant occupies or controls
in a clean and sanitary condition.
Sec. 7-4-11 – Grading and drainage.
Premises shall be graded and maintained to prevent the erosion of soil and to prevent the
accumulation of stagnant water thereon, or within any structure located thereon.
Exception: Approved retention areas and reservoirs.
Sec. 7-4-12 – Sidewalks and driveways.
Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be level with
a smooth transition between surfaces, in a proper state of repair, and maintained free from
potholes, settlements, gaps, trip hazards greater than one inch, or other hazardous conditions.
Rodent harborage.
Sec. 7-4-13 –
Structures and exterior property shall be kept free from rodent harborage and
infestation. Where rodents are found, they shall be promptly exterminated by approved
processes that will not be injurious to human health. After pest elimination, proper precautions
shall be taken to eliminate rodent harborage and prevent re-infestation.
Exhaust vents.
Sec. 7-4-14 –
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.
Accessory structures.
Sec. 7-4-15 –
Accessory structures, including detached garages, fences, retaining walls, and walls, shall
be maintained structurally sound and in good repair.
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Motor vehicles.
Sec. 7-4-16 –
Except as provided for in other regulations, no inoperative or unlicensed motor vehicle
shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state
of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of
vehicles is prohibited unless conducted inside an approved spray booth.
Exception: A vehicle of any type is permitted to undergo major overhaul, including
bodywork, provided that such work is performed inside a structure or similarly enclosed area
designed and approved for such purposes.
Defacement of property.
Sec. 7-4-17 –
No person shall willfully or wantonly damage, mutilate or deface any exterior surface of
any structure or building on any private or public property by placing thereon any marking,
carving or graffiti.
It shall be the responsibility of the owner to restore said surface to an approved state of
maintenance and repair.
Sec. 7-4-18 – General.
The exterior of a structure shall be maintained in good repair, structurally sound and sanitary
so as not to pose a threat to the public health, safety or welfare.
Sec. 7-4-19 – Unsafe conditions.
The following conditions shall be determined as unsafe and shall be repaired or replaced to
comply with the International Building Code or the International Existing Building Code as required
for existing buildings:
1. The nominal strength of any structural member is exceeded by nominal loads, the load
effects or the required strength;
2. The anchorage of the floor or roof to walls or columns, and of walls and columns to
foundations is not capable of resisting all nominal loads or load effects;
3. Structures or components thereof that have reached their limit state;
4. Siding and masonry joints including joints between the building envelope and the
perimeter of windows, doors and skylights are not maintained, weather resistant or water tight;
5. Structural members that have evidence of deterioration or that are not capable of safely
supporting all nominal loads and load effects;
6. Foundation systems that are not firmly supported by footings, are not plumb and free from
open cracks and breaks, are not properly anchored or are not capable of supporting all nominal
loads and resisting all load effects;
7. Exterior walls that are not anchored to supporting and supported elements or are not
plumb and free of holes, cracks or breaks and loose or rotting materials, are not properly
anchored or are not capable of supporting all nominal loads and resisting all load effects;
8. Roofing or roofing components that have defects that admit rain, roof surfaces with
inadequate drainage, worn roofing material, or any portion of the roof framing that is not in good
repair with signs of deterioration, fatigue or without proper anchorage and incapable of
supporting all nominal loads and resisting all load effects;
26
9. Flooring and flooring components with defects that affect serviceability or flooring
components that show signs of deterioration or fatigue, are not properly anchored or are incapable of
supporting all nominal loads and resisting all load effects;
10. Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features
not properly anchored or that are anchored with connections not capable of supporting all nominal
loads and resisting all load effects;
11. Overhang extensions or projections including, but not limited to, trash chutes, canopies,
marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not properly anchored or
that are anchored with connections not capable of supporting all nominal loads and resisting all
load effects;
12. Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto,
including guards and handrails, are not structurally sound, not properly anchored or that are
anchored with connections not capable of supporting all nominal loads and resisting all load
effects; or
13. Chimneys, cooling towers, smokestacks and similar appurtenances not structurally
sound or not properly anchored, or that are anchored with connections not capable of
supporting all nominal loads and resisting all load effects.
Exceptions:
1. Where substantiated otherwise by an approved method.
2. Demolition of unsafe conditions shall be permitted where approved by the code official.
Sec. 7-4-20 – Protective treatment.
Exterior surfaces, including but not limited to, doors, door and window frames, cornices,
porches, trim, balconies, decks and fences, 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 conditions
which extend more than 25 percent of the surface area of any plane or wall or other area shall be
eliminated and surfaces repainted. 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 water tight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such
rust and corrosion, and surfaces with rust or corrosion shall be stabilized and coated to inhibit
future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces
designed for stabilization by oxidation are exempt from this requirement.
Sec. 7-4-21 – Premises identification.
Buildings shall have approved address numbers placed in a position to be plainly legible and
visible from the street or road fronting the property. These numbers shall contrast with their
background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be not
less than 4 inches (102 mm) in height with a minimum stroke width of 0.5 inch (12.7 mm). The
entrance door to every apartment or rooming unit in any dwelling must be plainly marked on the
outside, either numerically or alphabetically.
27
Sec. 7-4-22 – Structural members.
Structural members shall be maintained free from deterioration, and shall be capable of
safely supporting the imposed dead and live loads.
Sec. 7-4-23 – Foundation walls.
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 and other pests.
Sec. 7-4-24 – Exterior walls.
Exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained
weatherproof and properly surface coated where required to prevent deterioration.
Sec. 7-4-25 – 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
structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from
obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
Sec. 7-4-26 – Decorative features.
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.
Sec. 7-4-27 – Overhang extensions.
Overhang extensions including, but not limited to, canopies, marquees, signs, metal awnings,
fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly
anchored so as to be kept in a sound condition. Where 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.
Stairways, decks, porches and balconies.
Sec. 7-4-28 –
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.
Chimneys and towers.
Sec. 7-4-29 –
Chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained
structurally safe and sound, and in good repair. 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. More than ten percent of the pointing of any
28
masonry chimney or more than 25 percent of the pointing of any masonry wall is loose, has fallen
out, or otherwise does not exist.
Handrails and guards.
Sec. 7-4-30 –
Every handrail and guard shall be firmly fastened and capable of supporting normally
imposed loads and shall be maintained in good condition.
Window, skylight and door frames.
Sec. 7-4-31 –
Every window, skylight, door and frame shall be kept in sound condition, good repair and
weather tight.
Glazing.
Sec. 7-4-32 –
Glazing materials shall be maintained free from cracks and holes.
Openable windows.
Sec. 7-4-33 –
Every window, other than a fixed window, shall be easily openable and capable of being held
in position by window hardware.
Insect screens.
Sec. 7-4-34 –
During the period from June 1 to October 15, every door, 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 of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for
insect control shall have a self-closing device in good working condition.
– Basement screens.
Sec. 7-4-35
Every basement or grade-level window used or intended to be used for ventilation, and every
other opening to a basement or grade-level that might provide an entry for rodents, must be
supplied with a screen or such other device as will effectively prevent their entrance all year long.
Doors.
Sec. 7-4-36 –
All building exit doors must be operable from the inside without the use of a key, or special
knowledge or effort. Exit doors must not be locked, chained, bolted, barred, latched or otherwise
rendered unusable. All locking devices must be of an approved type.
(b) Notwithstanding anything in Sections 7-8-3 through 7-8-7 to the contrary, exit doors from
individual dwelling units having an occupant load of ten or less may be provided with a night latch,
dead bolt or security chain, provided such devices are operable from the inside without the use of
a key or tool, and mounted at a height not to exceed 48 inches above the finished floor.
29
Basement hatchways.
Sec. 7-4-37 –
Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and
surface drainage water.
Guards for basement windows.
Sec. 7-4-38 –
Every basement window that is openable shall be supplied with screens, rodent shields, storm
windows or other approved protection against the entry of rodents.
Building security.
Sec. 7-4-39 –
Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be
pro- vided with devices designed to provide security for the occupants and property within.
Doors.
Sec. 7-4-40 –
Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented,
leased or let shall be equipped with a deadbolt lock designed to be readily openable from the side
from which egress is to be made without the need for keys, special knowledge or effort and shall
have a minimum lock throw of 1 inch (25 mm). Such deadbolt locks shall be installed according
to the manufacturer's specifications and maintained in good working order. For the purpose of this
section, a sliding bolt shall not be considered an acceptable deadbolt lock.
Windows.
Sec. 7-4-41 –
Operable windows located in whole or in part within 6 feet (1828 mm) above ground level or
a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit
that is rented, leased or let shall be equipped with a window sash locking device. If the original is
equipped with a locking mechanism, it must remain intact.
Basement hatchways.
Sec. 7-4-42 –
Basement hatchways that provide access to a dwelling unit, rooming unit or housekeeping
unit that is rented, leased or let shall be equipped with devices that secure the units from
unauthorized entry.
Gates.
Sec. 7-4-43 –
Exterior gates, gate assemblies, operator systems if provided, and hardware shall be
maintained in good condition. Latches at all entrances shall tightly secure the gates.
General.
Sec. 7-4-44 –
The interior of a structure and equipment therein shall be maintained in good repair,
structurally sound and in a sanitary condition. Occupants shall keep that part of the structure that
30
they occupy or control in a clean and sanitary condition. Every owner of a structure containing a
rooming house, housekeeping units, two or more dwelling units, or two or more nonresidential
occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the
structure and exterior property.
Unsafe conditions.
Sec. 7-4-45 –
The following conditions shall be determined as unsafe and shall be repaired or replaced
to comply with the International Building Code or the International Existing Building Code as
required for existing buildings:
1. The nominal strength of any structural member is exceeded by nominal loads, the load
effects or the required strength;
2. The anchorage of the floor or roof to walls or columns, and of walls and columns to
foundations is not capable of resisting all nominal loads or load effects;
3. Structures or components thereof that have reached their limit state;
4. Structural members are incapable of supporting nominal loads and load effects;
5. Stairs, landings, balconies and all similar walking surfaces, including guards and
handrails, are not structurally sound, not properly anchored or are anchored with connections
not capable of supporting all nominal loads and resisting all load effects;
6. Foundation systems that are not firmly supported by footings are not plumb and free from
open cracks and breaks, are not properly anchored or are not capable of supporting all nominal
loads and resisting all load effects.
Exceptions:
1. Where substantiated otherwise by an approved method.
2. Demolition of unsafe conditions shall be permitted when approved by the code official.
Structural members.
Sec. 7-4-46 –
Structural members shall be maintained structurally sound, and be capable of supporting
imposed loads.
Interior surfaces.
Sec. 7-4-47 –
Interior surfaces, including windows and doors, shall be maintained in good, clean and
sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or
covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall
be corrected.
Stairs and walking surfaces.
Sec. 7-4-48 –
Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained
in sound condition and good repair.
31
Handrails and guards.
Sec. 7-4-49 –
Every handrail and guard shall be firmly fastened and capable of supporting normally imposed
loads and shall be maintained in good condition.
Interior doors.
Sec. 7-4-50 –
Every interior door shall fit reasonably well within its frame and shall be capable of being
opened and closed by being properly and securely attached to jambs, headers or tracks as
intended by the manufacturer of the attachment hardware.
General.
Sec. 7-4-51 –
The components of a structure and equipment therein shall be maintained in good repair,
structurally sound and in a sanitary condition.
Unsafe conditions.
Sec. 7-4-52 –
Where any of the following conditions cause the component or system to be beyond its limit
state, the component or system shall be determined as unsafe and shall be repaired or replaced
to comply with the International Building Code or the International Existing Building Code as
required for existing buildings:
1. Soils that have been subjected to any of the following conditions:
1.1. Collapse of footing or foundation system;
1.2. Damage to footing, foundation, concrete or other structural element due to soil
expansion;
1.3. Adverse effects to the design strength of footing, foundation, concrete or other
structural element due to a chemical reaction from the soil;
1.4. Inadequate soil as determined by a geotechnical investigation;
1.5. Where the allowable bearing capacity of the soil is in doubt; or
1.6. Adverse effects to the footing, foundation, concrete or other structural element due
to the ground water table.
2. Concrete that has been subjected to any of the following conditions:
2.1. Deterioration;
2.2. Ultimate deformation;
2.3. Fractures;
2.4. Fissures;
2.5. Spalling;
2.6. Exposed reinforcement; or
2.7. Detached, dislodged or failing connections.
3. Aluminum that has been subjected to any of the following conditions:
3.1. Deterioration;
3.2. Corrosion;
3.3. Elastic deformation;
3.4. Ultimate deformation;
32
3.5. Stress or strain cracks;
3.6. Joint fatigue; or
3.7. Detached, dislodged or failing connections.
4. Masonry that has been subjected to any of the following conditions:
4.1. Deterioration;
4.2. Ultimate deformation;
4.3. Fractures in masonry or mortar joints;
4.4. Fissures in masonry or mortar joints;
4.5. Spalling;
4.6. Exposed reinforcement; or
4.7. Detached, dislodged or failing connections.
5. Steel that has been subjected to any of the following conditions:
5.1. Deterioration;
5.2. Elastic deformation;
5.3. Ultimate deformation;
5.4. Metal fatigue; or
5.5. Detached, dislodged or failing connections.
6. Wood that has been subjected to any of the following conditions:
6.1 Ultimate deformation;
6.2 Deterioration;
6.3 Damage from insects, rodents, birds, and other vermin;
6.4 Fire damage beyond charring;
6.5 Significant splits and checks;
6.6 Horizontal shear cracks;
6.7 Vertical shear cracks;
6.8 Inadequate support;
6.9 Detached, dislodged or failing connections; Or
6.10 Excessive cutting and notching.
Exceptions:
1. Where substantiated otherwise by an approved method.
2. Demolition of unsafe conditions shall be permitted where approved by the code official.
Handrails and Guardrails.
Sec. 7-4-53 –
Every exterior and interior flight of stairs having four or more risers shall have a handrail on
one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other
walking surface that is more than 30 inches (762 mm) above the floor or grade below shall have
guards. Handrails shall be not less than 34 inches in height or more than 38 inches in height
measured vertically above the nosing of the tread or above the finished floor of the landing or
walking surfaces. Guards shall be not less than 36 inches in height above the floor of the landing,
balcony, porch, deck, or ramp or other walking surface.
Exception: Guards shall not be required where exempted by the adopted building code.
Accumulation of rubbish or garbage.
Sec. 7-4-54 –
Exterior property and premises, and the interior of every structure, shall be free from any
accumulation of rubbish or garbage.
33
Disposal or rubbish.
Sec. 7-4-55 –
Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner
by placing such rubbish in approved containers.
Rubbish storage facilities.
Sec. 7-4-56 –
The owner of every occupied premises shall supply approved covered containers for rubbish,
and the owner of the premises shall be responsible for the removal of rubbish. While being
accumulated and stored for collection and transportation to a permitted disposal facility, solid
waste must be stored in reusable, covered containers (e.g., cans, dumpsters, compactors, roll off
containers) that are rust, impact, vermin and leak resistant. Solid waste may be stored for
collection no longer than the length of scheduled collection or one week, whichever is shorter.
Occupants utilizing the services of a commercial hauler may place acceptable containers of solid
waste, recyclable materials or yard waste at the curb or collection site no sooner than the evening
prior to scheduled collection and must remove the empty containers the same day as collection.
Refrigerators.
Sec. 7-4-57 –
Refrigerators and similar equipment not in operation shall not be discarded, abandoned or
stored on premises without first removing the doors.
Disposal of garbage.
Sec. 7-4-58–
Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by
placing such garbage in an approved garbage disposal facility or approved garbage containers.
Garbage facilities.
Sec. 7-4-59 –
The owner shall supply such facilities or containers for all apartments in a dwelling containing
more than three apartments and for all apartments located on premises where three or more
apartments share the same premises. In all other cases, it shall be the responsibility of the
occupant to furnish such facilities or containers unless the owner furnishes such facilities or
containers or has agreed to furnish them.
The responsible party of every dwelling shall supply an
approved leak-proof, covered, outside garbage container.
Containers.
Sec. 7-4-60 –
The operator of every establishment producing garbage all times cause to be utilized, approved leak,
rust, impact, and vermin resistant containers provided with close-fitting covers for the storage of
such materials until removed from the premises for disposal. Occupants utilizing the services of a
commercial hauler may place acceptable containers of solid waste, recyclable materials or yard
waste at the curb or collection site no sooner than the evening prior to scheduled collection and
must remove the empty containers the same day as collection.
34
Infestation.
Sec. 7-4-61 –
Structures shall be kept free from insect and rodent infestation. Structures in which insects
or rodents are found shall be promptly exterminated by approved processes that will not be
injurious to human health. After pest elimination, proper precautions shall be taken to prevent re-
infestation.
Owner.
Sec. 7-4-62 –
The owner of any structure shall be responsible for pest elimination within the structure prior
to renting or leasing the structure.
Single occupant.
Sec. 7-4-63 –
The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall
be responsible for pest elimination on the premises.
Multiple occupancy.
Sec. 7-4-64 –
The owner of a structure containing two or more dwelling units, a multiple occupancy, a
rooming house or a nonresidential structure shall be responsible for pest elimination in the public
or shared areas of the structure and exterior property. If infestation is caused by failure of an
occupant to prevent such infestation in the area occupied, the occupant and owner shall be
responsible for pest elimination.
Occupant.
Sec. 7-4-65 –
The occupant of any structure shall be responsible for the continued rodent and pest-free
condition of the structure.
Exception: Where the infestations are caused by defects in the structure, the owner shall be
responsible for pest elimination.
Section 5. Chapter 7-5 of Title 7 of the Rochester Code of Ordinances is hereby repealed
and replaced to read as follows:
Chapter 7-5 Light, Ventilation And Occupancy Limitations
Scope.
Sec. 7-5-1 –
The provisions of this chapter shall govern the minimum conditions and standards for light,
ventilation and space for occupying a structure.
Responsibility.
Sec. 7-5-2 –
The owner of the structure shall provide and maintain light, ventilation and space conditions
in compliance with these requirements. A person shall not occupy as owner-occupant, or permit
another person to occupy, any premises that do not comply with the requirements of this chapter.
35
Alternative devices.
Sec. 7-5-3 –
In lieu of the means for natural light and ventilation herein prescribed, artificial light or
mechanical ventilation complying with the International Building Code shall be permitted.
Habitable spaces.
Sec. 7-5-4 –
Every habitable space shall have not less than one window of approved size facing directly
to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8
percent of the floor area of such room. Wherever walls or other portions of a structure face a
window of any room and such obstructions are located less than 3 feet (914 mm) from the window
and extend to a level above that of the ceiling of the room, such window shall not be deemed to
face directly to the outdoors nor to a court and shall not be included as contributing to the required
minimum total window area for the room.
Exception: Where natural light for rooms or spaces without exterior glazing areas is provided
through an adjoining room, the unobstructed opening to the adjoining room shall be not less than
2
8 percent of the floor area of the interior room or space, but a minimum of 25 square feet (2.33 m).
The exterior glazing area shall be based on the total floor area being served.
Common halls and stairways.
Sec. 7-5-5 –
Every public hall and stairway in every apartment house containing five or more apartments
must be lighted at all times so as to provide illumination of at least two footcandles on every part
of such areas. Instead of full-time lighting, a public hall and stairway in structures devoted solely
to dwelling occupancy and containing not more than four apartments may be supplied with
conveniently located light switches controlling an adequate lighting system that may be turned
on when needed.
Other spaces.
Sec. 7-5-6 –
All other spaces shall be provided with natural or artificial light sufficient to permit the
maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the
appliances, equipment and fixtures.
Habitable spaces.
Sec. 7-5-7 –
Every habitable space shall have not less than one openable window. The total openable
area of the window in every room shall be equal to not less than 45 percent of the minimum glazed
area required in Section 7-5-4.
Exception: Where rooms and spaces without openings to the outdoors are ventilated through
an adjoining room, the unobstructed opening to the adjoining room shall be not less than 8 percent
2
of the floor area of the interior room or space, but not less than 25 square feet (2.33 m). The
ventilation openings to the outdoors shall be based on a total floor area being ventilated.
36
Bathrooms and toilet rooms.
Sec. 7-5-8 –
Every bathroom and toilet room shall comply with the ventilation requirements for habitable
spaces as required by Section 7-5-7, except that a window shall not be required in such spaces
equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system
from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated within
a structure.
Cooking facilities.
Sec. 7-5-9 –
Unless approved through the certificate of occupancy, cooking shall not be permitted in any
rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be
present in the rooming unit or single room occupancy.
Exceptions:
1. Where specifically approved in writing by the code official.
2. Devices such as coffee pots, refrigerators, microwave ovens shall not be considered
cooking appliances.
Process ventilation.
Sec. 7-5-10 –
Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a
local exhaust ventilation system shall be provided to remove the contaminating agent at the
source. Air shall be exhausted to the exterior and not be recirculated to any space within a
structure.
Clothes dryer exhaust.
Sec. 7-5-11 –
Clothes dryer exhaust systems shall be independent of all other systems and shall be
exhausted outside the structure in accordance with the manufacturer's instructions. Vinyl ducting
is prohibited.
Exception: Listed and labeled condensing (ductless) clothes dryers.
Privacy.
Sec. 7-5-12 –
Dwelling units, housekeeping units, and rooming units shall be arranged to provide privacy
and be separate from other adjoining spaces.
Minimum room widths.
Sec. 7-5-13 –
A habitable room, other than a kitchen, shall be not less than 7 feet (2134 mm) in any plan
dimension. Kitchens shall have a minimum clear passageway of 3 feet (914 mm) between counter
fronts and appliances or counter fronts and walls.
Minimum-ceiling heights.
Sec. 7-5-14 –
Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable
basement areas shall have a minimum clear ceiling height of 7 feet (2134 mm).
37
Exceptions:
1. In one- and two-family dwellings, beams or girders spaced not less than 4 feet (1219 mm)
on center and projecting a maximum of 6 inches (152 mm) below the required ceiling height.
2. Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study
or recreation purposes, having a minimum ceiling height of 6 feet 4 inches (1932 mm) with a
minimum clear height of 6 feet 4 inches (1932 mm) under beams, girders, ducts and similar
obstructions.
3. Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped
ceiling over all or part of the room, with a minimum clear ceiling height of 7 feet (2134 mm) over
not less than one-half of the required minimum floor area. In calculating the floor area of such
rooms, only those portions of the floor area with a minimum clear ceiling height of 5 feet (1524
mm) shall be included.
Bedroom and living room requirements.
Sec. 7-5-15 –
Every bedroom and living room shall comply with the requirements of Sections 7-5-16 through
7-
5-21.
Room area.
Sec. 7-5-16 –
Every single dwelling or apartment must contain at least 150 square feet of floor area for the
first occupant thereof and at least 100 additional square feet of floor area for every additional
occupant thereof. Floor space must be calculated on the basis of total habitable room area.
Access from bedrooms.
Sec. 7-5-17 –
Bedrooms shall not constitute the only means of access to other bedrooms or habitable
spaces and shall not serve as the only means of egress from other habitable spaces.
Exception: Units that contain fewer than two bedrooms.
Water closet accessibility.
Sec. 7-5-18 –
Every bedroom shall have access to not less than one water closet and one lavatory without
passing through another bedroom. Every bedroom in a dwelling unit shall have access to not less
than one water closet and lavatory located in the same story as the bedroom or an adjacent story.
Prohibited occupancy.
Sec. 7-5-19 –
Kitchens and nonhabitable spaces shall not be used for sleeping purposes
Other requirements.
Sec. 7-5-20 –
Bedrooms shall comply with the applicable provisions of this code including, but not limited
to, the light, ventilation, room area, ceiling height and room width requirements of this chapter; the
38
plumbing facilities and water-heating facilities requirements of Chapter 7-6; the heating facilities
and electrical receptacle requirements of Chapter 7-7; and the smoke detector and emergency
escape requirements of Chapter 7-8.
Sleeping area.
Sec. 7-5-21 –
In every apartment of two or more rooms, every room occupied for sleeping purposes by
one occupant must contain at least 70 square feet of floor area. Every room occupied for sleeping
purposes by more than one occupant must contain at least 50 square feet of floor area for each
occupant thereof.
Efficiency unit.
Sec. 7-5-22–
Nothing in this section shall prohibit an efficiency living unit from meeting the following
requirements:
1. A unit occupied by not more than one occupant shall have a minimum clear floor area of
2
120 square feet (11.2 m). A unit occupied by not more than two occupants shall have a minimum
2
clear floor area of 220 square feet (20.4 m). A unit occupied by three occupants shall have a
2
minimum clear floor area of 320 square feet (29.7 m). These required areas shall be exclusive
of the areas required by Items 2 and 3.
2. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities,
each having a minimum clear working space of 30 inches (762 mm) in front. Light and ventilation
conforming to this code shall be provided.
3. The unit shall be provided with a separate bathroom containing a water closet, lavatory
and bathtub or shower.
4. The maximum number of occupants shall be three.
Food preparation.
Sec. 7-5-23–
All spaces to be occupied for food preparation purposes shall contain suitable space and
equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate
facilities and services for the sanitary disposal of food wastes and refuse, including facilities for
temporary storage.
Section 6. Chapter 7-6 of Title 7 of the Rochester Code of Ordinances is hereby
repealed and replaced to read as follows:
Chapter 7-6 Plumbing Facilities And Fixture Requirements
Scope.
Sec. 7-6-1 –
The provisions of this chapter shall govern the minimum plumbing systems, facilities and
plumbing fixtures to be provided.
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Responsibility.
Sec. 7-6-2 –
The owner of the structure shall provide and maintain such plumbing facilities and plumbing
fixtures in compliance with these requirements. A person shall not occupy as owner occupant or
permit another person to occupy any structure or premises that does not comply with the
requirements of this chapter.
Dwelling units.
Sec. 7-6-3 –
Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen
sink that shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in
the same room as the water closet or located in close proximity to the door leading directly into the
room in which such water closet is located. A kitchen sink shall not be used as a substitute for the
required lavatory.
Rooming houses.
Sec. 7-6-4 –
At least one water closet, lavatory and bathtub or shower shall be supplied for a maximum of
four rooming units.
Public toilet facilities.
Sec. 7-6-5 –
Public toilet facilities shall be maintained in a safe, sanitary and working condition in
accordance with the International Plumbing Code. Except for periodic maintenance or cleaning,
public access and use shall be provided to the toilet facilities at all times during occupancy of the
premises.
Sec. 7-6-6 – Privacy.
Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway
to a hall or other space, or to the exterior. A door and interior locking device shall be provided for
all common or shared bathrooms and toilet rooms in a multiple dwelling.
Sec. 7-6-7 – Location.
Toilet rooms and bathrooms, rooming units or dormitory units or housekeeping units, shall
have access by traversing not more than one flight of stairs and shall have access from a common
hall or passageway.
Sec. 7-6-8 – Floor surface.
In dwelling units, every toilet room floor shall be maintained to be a smooth, hard,
nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition.
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Sec. 7-6-9 – General.
Plumbing fixtures shall be properly installed and maintained in working order, and shall be
kept free from obstructions, leaks and defects and be capable of performing the function for which
such plumbing fixtures are designed. Plumbing fixtures shall be maintained in a safe, sanitary and
functional condition.
Sec. 7-6-10 – Fixture clearances.
Plumbing fixtures shall have adequate clearances for usage and cleaning.
Sec. 7-6-11 – Plumbing system hazards.
Where it is found that a plumbing system in a structure constitutes a hazard to the occupants
or the structure by reason of inadequate service, inadequate venting, cross connection,
backsiphonage, improper installation, deterioration or damage or for similar reasons, the code
official shall require the defects to be corrected to eliminate the hazard.
Sec. 7-6-12 – General.
Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing
fixture shall be properly connected to either a public water system or to an approved private water
system. Kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied
with hot or tempered and cold running water in accordance with the Minnesota Plumbing Code.
Sec. 7-6-13 – Contamination.
The water supply shall be maintained free from contamination, and all water inlets for
plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets,
janitor sink faucets, bidets, shower heads using vacuum breakers, and other hose bibs or faucets
to which hoses are attached and left in place, shall be protected by an approved atmospheric-type
vacuum breaker or an approved permanently attached hose connection vacuum breaker.
Sec. 7-6-14 – Supply.
The water supply system shall be installed and maintained to provide a supply of water to
plumbing fixtures, devices and appurtenances in sufficient volume and at pressures
adequate to enable the fixtures to function properly, safely, and free from defects and leaks.
Sec. 7-6-15 – Water heating facilities.
Water heating facilities shall be properly installed, maintained and capable of providing an
adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and
laundry facility at a minimum temperature of 110°F (43°C). A gas-burning water heater shall not
be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed,
unless adequate combustion air is provided. An approved combination temperature and
pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on
water heaters.
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Sec. 7-6-16 – Nonpotable water reuse systems.
Nonpotable water reuse systems and rainwater collection and conveyance systems shall be
maintained in safe and sanitary condition. Where such systems are not properly maintained, the
systems shall be repaired to provide for safe and sanitary conditions or the systems shall be
abandoned in accordance with Section 7-6-17.
Sec. 7-6-17 – Abandonment of systems.
Where a nonpotable water reuse system or rainwater collection and distribution system is
not maintained or the owner ceases use of the system, the system shall be abondoned in
accordance with Section 1301.10 of the International Plumbing Code.
Sec. 7-6-18 – General.
Plumbing fixtures shall be properly connected to either a public sewer system or to an
approved private sewage disposal system.
Sec. 7-6-19 – Maintenance.
Every plumbing stack, vent, waste and sewer line shall function properly and be kept free
from obstructions, leaks and defects.
Sec. 7-6-20 – Storm Drainage.
Drainage of roofs and paved areas, yards and courts, and other open areas on the premises
shall not be discharged in a manner that creates a public nuisance.
Section 7. Chapter 7-7 of Title 7 of the Rochester Code of Ordinances is hereby created
to read as follows:
Chapter 7-7. –
Mechanical And Electrical Requirements
Sec. 7-7-1 – Scope.
The provisions of this chapter shall govern the minimum mechanical and electrical facilities
and equipment to be provided.
Sec. 7-7-2 – Responsibility.
The owner of the structure shall provide and maintain mechanical and electrical facilities and
equipment in compliance with these requirements. A person shall not occupy as owner-occupant
or permit another person to occupy any premises that does not comply with the requirements of
this chapter.
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Sec. 7-7-3 – Facilities required.
Heating facilities shall be provided in structures as required by this section.
Sec. 7-7-4 - Residential occupancies.
Dwellings shall be provided with heating facilities capable of maintaining a room temperature
of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor
design temperature for the locality indicated in Appendix D of the International Plumbing Code.
Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be
used, as a means to provide required heating.
Sec. 7-7-5 - Heat supply.
Every owner and operator of any building who rents, leases or lets one or more dwelling units
or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof
shall supply heat during any date where the outside air temperature, as measured at the Rochester
International Airport, falls below 50 degrees Fahrenheit to maintain a minimum temperature of
68°F (20°C) in all habitable rooms, bathrooms and toilet rooms.
Sec. 7-7-6 - Room temperature measurement.
The required room temperatures shall be measured 3 feet (914 mm) above the floor near
the center of the room and 2 feet (610 mm) inward from the center of each exterior wall.
Sec. 7-7-7 – Mechanical appliances.
Mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and
water heating appliances shall be properly installed and maintained in a safe working condition,
and shall be capable of performing the intended function.
Sec.7-7-8 – Removal of combustion products.
Fuel-burning equipment and appliances shall be connected to an approved chimney or
vent.
Exception: Fuel-burning equipment and appliances that are labeled for unvented
operation.
Sec. 7-7-9 – Clearances.
Required 3’ clearances to combustible materials shall be maintained.
Sec. 7-7-10 – Safety controls.
Safety controls for fuel-burning equipment shall be maintained in effective operation.
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Sec. 7-7-11 – Combustion air.
A supply of air for complete combustion of the fuel and for ventilation of the space
containing the fuel-burning equipment shall be provided for the fuel-burning equipment.
Sec. 7-7-12 – Energy conservation devices.
Devices intended to reduce fuel consumption by attachment to a fuel-burning
appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not
be installed unless labeled for such purpose and the installation is specifically approved.
Sec. 7-7-13 – Facilities required.
Every occupied building shall be provided with an electrical system in compliance with the
requirements of this section and Sections 7-7-20 through 7-7-23.
Sec. 7-7-14 – Service.
The size and usage of appliances and equipment shall serve as a basis for determining the
need for additional facilities in accordance with NFPA 70. Dwelling units shall be served by a
three-wire, 120/240 volt, single-phase electrical service having a minimum rating of 60 amperes.
Sec. 7-7-15 – Electrical system hazards.
Where it is found that the electrical system in a structure constitutes a hazard to the
occupants or the structure by reason of inadequate service, improper fusing, insufficient
receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for
similar reasons, the code official shall require the defects to be corrected to eliminate the hazard.
Sec. 7-7-16 –Abatement of electrical hazards associated with water exposure.
The provisions of this section shall govern the repair and replacement of electrical systems
and equipment that have been exposed to water.
Sec. 7-7-17 – Electrical equipment.
Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable,
flexible cords, receptacles, attachments plugs, flanged surface devices, panel boards, wiring
devices, ground fault circuit interrupters, arc-fault circuit interrupters, surge protectors, molded
case circuit breakers, low-voltage and medium-voltage fuses and fuse holders, luminaires, lamp
holders and retrofit kits, listed low-voltage lighting systems or a lighting system assembled from listed
parts, fire pump controllers, ballasts, motors and electronic control, signaling, equipment that
provides branch-circuit ground-fault protection, low-voltage power circuit breaker electronic trip
units, and communication equipment that have been exposed to water shall be replaced in
accordance with the provisions of the International Building Code.
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Exception: The following equipment shall be allowed to be repaired where an inspection
report from the equipment manufacturer or approved manufacturer's representative indicates that
the equipment has not sustained damage that requires replacement:
1. Enclosed switches, rated a maximum of 600 volts or less;
2. Busway, rated a maximum of 600 volts;
4. Switchboards, rated a maximum of 600 volts;
6. Manual and magnetic motor controllers;
7. Motor control centers;
8. Alternating current high-voltage circuit breakers;
10. Protective relays, meters and current trans- formers;
11. Low- and medium-voltage switchgear;
12. Liquid-filled transformers;
13. Cast-resin transformers;
14. Wire or cable that is suitable for wet locations and whose ends have not been exposed
to water;
15. Wire or cable, not containing fillers, that is suitable for wet locations and whose ends
have not been exposed to water;
17. Motors;
18. Electronic control, signaling and communication equipment.
Sec. 7-7-18 –Abatement of electrical hazards associated with fire exposure.
The provisions of this section shall govern the repair and replacement of electrical systems
and equipment that have been exposed to fire.
Sect 7-7-19 – Electrical equipment.
Electrical switches, receptacles and fixtures, including furnace, water heating, ground-fault
circuit interrupters, arc-fault circuit-interrupters, equipment that provides branch-circuit ground-
fault protection, , low-voltage and medium-voltage fuses and fuseholders, molded-case circuit
breakers, low-voltage power circuit breaker electronic trip units, attachments plugs, cord
connectors, and flanged survace devices, panelboards, luminaires, lampholders and retrofit
kids, listed low-voltage lighting systems or a lighting system assembled from listed parts, fire
pump controllers, security system and power distribution circuits, that have been exposed to fire,
shall be replaced in accordance with the provisions of the International Building Code.
Exception: Electrical switches and fixtures that shall be allowed to be repaired where an
inspection report from the equipment manufacturer or approved manufacturer's representative
indicates that the equipment has not sustained damage that requires replacement.
Sec. 7-7-20 – Installation.
Electrical equipment, wiring and appliances shall be properly installed and maintained in a
safe and approved manner. A mechanical permit and inspection must be completed to ensure
approval of installation.
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Sec. 7-7-21 – Receptacles.
All electrical equipment, wiring and appliances must be properly installed and maintained
in a safe and approved manner. Two receptacles in kitchens serving countertop space(s) must be
supplied. Per the National Electrical Code the proper number and type of circuits prescribed by the
prevailing Code at the time of construction will be required in kitchens. Every public hall, interior
stairway, toilet room, kitchen, bathroom, laundry room, boiler and furnace room must contain at
least one electric lighting fixture.
Sec. 7-7-22 – Light fixtures.
Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler
room and furnace room shall contain not less than one electric luminaire.
Sec. 7-7-23 – Wiring.
Flexible cords shall not be used for permanent wiring, or for running through doors,
windows, or cabinets, or concealed within walls, floors, or ceilings.
Sec. 7-7-24 – General.
Duct systems shall be maintained free of obstructions and shall be capable of
performing the required function.
Section 8. Chapter 7-8 of Title 7 of the Rochester Code of Ordinances is hereby
created to read as follows:
Chapter 7-8 Fire Safety Requirements
USER NOTE:
This chapter establishes fire safety requirements for existing structures by containing
requirements for means of egress, including path of travel, required egress width, means of
egress doors and emergency escape openings, and for the maintenance of fire-resistance-rated
assemblies, fire protection systems, and carbon monoxide alarm and detection systems. The
chapter references other resources such as the National Fire Protection Agency (NFPA) and the
International Fire Code.
Sec. 7-8-1 – Scope.
The provisions of this chapter shall govern the minimum conditions and standards for fire
safety relating to structures and exterior premises, including fire safety facilities and equipment to
be provided.
Sec. 7-8-2 – Responsibility.
The owner of the premises shall provide and maintain such fire safety facilities and equipment
in compliance with these requirements. A person shall not occupy as owner-occupant or permit
46
another person to occupy any premises that do not comply with the requirements of this chapter.
Sec. 7-8-3 – General.
A safe, continuous and unobstructed path of travel shall be provided from any point in a
building or structure to the public way. Means of egress shall comply with the International Fire
Code.
Sec. 7-8-4 – Aisles.
The required width of 3’ (36”) aisles in accordance with the International Fire Code shall be
unobstructed.
Sec. 7-8-5 – Locked doors.
Means of egress doors shall be readily openable from the side from which egress is to be
made without the need for keys, special knowledge or effort, except where the door hardware
conforms to that permitted by the International Building Code.
Sec. 7-8-6 – Emergency escape openings.
Required Emergency escape or rescue openings should be provided in all sleeping rooms in
accordance with the most current building code in effect. The escape opening must provide:
(1) A minimum 24-inch clear, opening height;
(2) A minimum 20-inch clear, opening width;
(3) A minimum five-square-foot clear opening; and
(4) A finished sill height not more than 44 inches above the floor.
Required emergency escape and rescue openings shall be operational from the inside of the
room without the use of keys or tools. Bars, grilles, grates or similar devices are permitted to
be placed over emergency escape and rescue openings provided that the minimum net clear
opening size complies with the most current building code in effect and such devices shall be
releasable or removable from the inside without the use of a key, tool or force greater than
that which is required for normal operation of the escape and rescue opening.
Sec. 7-8-7 – Fire-resistance-rated assemblies.
The provisions of this chapter shall govern maintenance of the materials, systems and
assemblies used for structural fire resistance and fire-resistance-rated construction
separation of adjacent spaces to safeguard against the spread of fire and smoke within a
building and the spread of fire to or from buildings.
Sec. 7-8-8 –Unsafe conditions.
Where any components are not maintained and do not function as intended or do not
have the fire resistance required by the code under which the building was constructed or
altered, such components or portions thereof shall be deemed unsafe conditions in
47
accordance with Section 111.1.1 of the International Fire Code. Components or portions
thereof determined to be unsafe shall be repaired or replaced to conform to that code under
which the building was constructed or altered. Where the condition of compo- nents is such
that any building, structure or portion thereof presents an imminent danger to the occupants
of the building, structure or portion thereof, the fire code official shall act in accordance with
Section 111.2 of the International Fire Code.
Sec. 7-8-9 –Maintenance.
The required fire-resistance rating of fire-resistance-rated construction, including walls,
firestops, shaft enclosures, partitions, smoke barriers, floors, fire-resistive coatings and
sprayed fire-resistant materials applied to structural members and joint systems, shall be
maintained. Such elements shall be visually inspected annually by the owner and repaired,
restored or replaced where damaged, altered, breached or penetrated. Records of
inspections and repairs shall be maintained. Where concealed, such elements shall not be
required to be visually inspected by the owner unless the concealed space is accessible by
the removal or movement of a panel, access door, ceiling tile or entry to the space. Openings
made therein for the passage of pipes, electrical conduit, wires, ducts, air transfer and any
other reason shall be protected with approved methods capable of resisting the passage of
smoke and fire. Openings through fire-resistance-rated assemblies shall be protected by self-
or automatic-closing doors of approved construction meeting the fire protection requirements
for the assembly.
Sec. 7-8-10 – Fire blocking and draft stopping.
Required fire blocking and draft stopping in combustible concealed spaces shall be
maintained to provide continuity and integrity of the construction.
Sec. 7-8-11 - Smoke barriers and smoke partitions.
Required smoke barriers and smoke partitions shall be maintained to prevent the passage
of smoke. Openings protected with approved smoke barrier doors or smoke dampers shall be
maintained in accordance with NFPA 105.
Sec. 7-8-12 - Fire walls, fire barriers, and fire partitions.
Required firewalls, fire barriers and fire partitions shall be maintained to prevent the passage
of fire. Openings protected with approved doors or fire dampers shall be maintained in
accordance with NFPA 80.
Sec. 7-8-13 - Opening protectives.
Opening protectives shall be maintained in an operative condition in accordance with NFPA
80. The application of field-applied labels associated with the maintenance of opening protectives
shall follow the requirements of the approved third-party certification organization accredited for
listing the opening protective. Fire doors and smoke barrier doors shall not be blocked or
obstructed, or otherwise made inoperable. Fusible links shall be replaced whenever fused or
damaged. Fire door assemblies shall not be modified.
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Sec. 7-8-14 – Signs.
Where required by the code official, a sign shall be permanently displayed on or near each
fire door in letters not less than 1 inch (25 mm) high to read as follows:
1. For doors designed to be kept normally open: FIRE DOOR – DO NOT BLOCK.
2. For doors designed to be kept normally closed: FIRE DOOR – KEEP CLOSED.
Sec. 7-8-15 – Hold-open devices and closers.
Hold-open devices and automatic door closers shall be maintained. During the period that
such a device is out of service for repairs, the door it operates shall remain in the closed position.
Sec. 7-8-16– Door operation.
Swinging fire doors shall close from the full-open position and latch automatically. The door
closer shall exert enough force to close and latch the door from any partially open position.
Sec. 7-8-17 – Ceilings.
The hanging and displaying of salable goods and other decorative materials from acoustical
ceiling systems that are part of a fire-resistance-rated horizontal assembly shall be prohibited.
Sec. 7-8-18 – Testing.
Horizontal and vertical sliding and rolling fire doors shall be inspected and tested annually to
confirm operation and full closure. Records of inspections and testing shall be maintained.
Sec. 7-8-19 – Vertical shafts.
Interior vertical shafts, including stairways, elevator hoist ways and service and utility shafts,
which connect two or more stories of a building shall be enclosed or protected as required in
Chapter 11 of the International Fire Code. New floor openings in existing buildings shall comply
with the International Building Code.
Sec. 7-8-20 - Opening protective closers.
Where openings are required to be protected, opening protectives shall be maintained self-
closing or automatic-closing by smoke detection. Existing fusible-link-type automatic door-closing
devices shall be replaced if the fusible link rating exceeds 135°F (57°C).
Sec. 7-8-21 - Inspection, testing and maintenance.
Fire detection, alarm and extinguishing systems, mechanical smoke exhaust systems, and
smoke and heat vents shall be maintained in accordance with the International Fire Code in an
operative condition at all times, and shall be replaced or repaired where defective.
Sec. 7-8-22 - Installation.
Fire protection systems shall be maintained in accordance with the original installation
standards for that system. Required systems shall be extended, altered or augmented as
necessary to maintain and continue protection where the building is altered or enlarged.
Alterations to fire protection systems shall be done in accordance with applicable standards.
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Sec. 7-8-23 - Required fire protection systems.
Fire protection systems required by this code, the International Fire Code or the International
Building Code shall be installed, repaired, operated, tested and maintained in accordance with
this code. A fire protection system for which a design option, exception or reduction to the
provisions of this code, the International Fire Code or the International Building Code has been
granted shall be considered to be a required system.
Sec. 7-8-24 - Fire protection systems.
Fire protection systems shall be inspected, maintained and tested in accordance with the
following International Fire Code requirements.
1. Automatic sprinkler systems, see Section 903.5.
2. Automatic fire-extinguishing systems protecting commercial cooking systems, see
Section 904.12.5.
3. Automatic water mist extinguishing systems, see Section 904.11.
4. Carbon dioxide extinguishing systems, see Section 904.8.
5. Carbon monoxide alarms and carbon monoxide detection systems, see Section 915.6.
6. Clean-agent extinguishing systems, see Section 904.10.
7. Dry-chemical extinguishing systems, see Section 904.6.
8. Fire alarm and fire detection systems, see Section 907.8.
9. Fire department connections, see Sections 912.4 and 912.7.
10. Fire pumps, see Section 913.5.
11. Foam extinguishing systems, see Section 904.7.
12. Halon extinguishing systems, see Section 904.9.
13. Single- and multiple-station smoke alarms, see Section 907.10.
14. Smoke and heat vents and mechanical smoke removal systems, see Section 910.5.
15. Smoke control systems, see Section 909.20.
16. Wet-chemical extinguishing systems, see Section 904.5.
Sec. 7-8-25 - Standards.
Fire protection systems shall be inspected, tested and maintained in accordance with the
referenced standards listed in Section 7-8-26 and as required in this section.
Sec. 7-8-26 – Table – Fire Protection System Maintenance Standards.
SYSTEM STANDARD
Portable fire extinguishers NFPA 10
Fire alarm systems NFPA 72
Sec. 7-8-27 – Records.
Records shall be maintained of all system inspections, tests and maintenance required by
the referenced standards.
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Sec. 7-8-28 – Records information.
Initial records shall include the: name of the installation contractor; type of components
installed; manufacturer of the components; location and number of components installed per floor;
and manufacturers’ operation and maintenance instruction manuals. Such records shall be
maintained for the life of the installation.
Sec. 7-8-29 – Systems out of service.
Where a required fire protection system is out of service, the fire department and the fire
code official shall be notified immediately and, where required by the fire code official, either the
building shall be evacuated or an approved fire watch shall be provided for all occupants left
unprotected by the shutdown until the fire protection system has been returned to service. Where
utilized, fire watches shall be provided with not less than one approved means for notification of
the fire department and shall not have duties beyond performing constant patrols of the protected
premises and keeping watch for fires. Actions shall be taken in accordance with Section 901 of
the International Fire Code to bring the systems back in service.
Sec. 7-8-30 – Emergency impairments.
Where unplanned impairments of fire protection systems occur, appropriate emergency
action shall be taken to minimize potential injury and damage. The impairment coordinator shall
implement the steps outlined in Section 901.7.4 of the International Fire Code.
Sec. 7-8-31 – Removal of or tampering with equipment.
It shall be unlawful for any person to remove, tamper with or otherwise disturb any fire
hydrant, fire detection and alarm system, fire suppression system or other fire appliance required
by this code except for the purposes of extinguishing fire, training, recharging or making necessary
repairs.
Sec. 7-8-32 – Removal of or tampering with appurtenances.
Locks, gates, doors, barricades, chains, enclosures, signs, tags and seals that have been
installed by or at the direction of the fire code official shall not be removed, unlocked, destroyed
or tampered with in any manner.
Sec. 7-8-33 –Removal of existing occupant-use hose lines.
The fire code official is authorized to permit the removal of existing occupant-use hose lines
where all of the following apply:
1. The installation is not required by the International Fire Code or the International
Building Code.
2. The hose line would not be utilized by trained personnel or the fire department.
3. The remaining outlets are compatible with local fire department fitting.
Sec. 7-8-34 – Termination of monitoring service.
For fire alarm systems required to be monitored by the International Fire Code, notice shall
be made to the fire code official whenever alarm monitoring services are terminated. Notice shall
be made in writing by the provider of the monitoring service being terminated.
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Sec. 7-8-35 – Fire department connection.
Where the fire department connection is not visible to approaching fire apparatus, the fire
department connection shall be indicated by an approved sign mounted on the street front or on
the side of the building. Such sign shall have the letters “FDC” not less than 6 inches (152 mm)
high and words in letters not less than 2 inches (51 mm) high or an arrow to indicate the location.
Such signs shall be subject to the approval of the fire code official.
Sec. 7-8-36 – Fire department connection access.
Ready access to fire department connections shall be maintained at all times and without
obstruction by fences, bushes, trees, walls or any other fixed or movable object. Access to fire
department connections shall be approved by the fire chief.
Exception: Fences, where provided with an access gate equipped with a sign complying
with the legend requirements of Section 912.5 of the International Fire Code and a means
of emergency operation. The gate and the means of emergency operation shall be approved
by the fire chief and maintained operational at all times.
Sec. 7-8-37 – Clear space around connections.
A working space of not less than 36 inches (914 mm) in width, 36 inches (914 mm) in
depth and 78 inches (1981 mm) in height shall be provided and maintained in front of and to
the sides of wall-mounted fire department connections and around the circumference of free-
standing fire department connections.
Sec. 7-8-38 –Single- and multiple-station smoke alarms.
Single- and multiple-station smoke alarms shall be installed in existing Group I-1 and R
occupancies in accordance with Sections 7-8-39 through 7-8-45.
Sec. 7-8-39 –Where required.
Existing Group I-1 and R occupancies shall be provided with single-station smoke alarms in
accordance with Sections 7-8-40 through 7-8-43. Interconnection and power sources shall be in
accordance with Sections 7-8-44 and 7-8-45.
Exceptions:
1. Where the code that was in effect at the time of construction required smoke alarms
and smoke alarms complying with those requirements are already provided.
2. Where smoke alarms have been installed in occupancies and dwellings that were not
required to have them at the time of construction, additional smoke alarms shall not be required
provided that the existing smoke alarms comply with requirements that were in effect at the time
of installation.
3. Where smoke detectors connected to a fire alarm system have been installed as a
substitute for smoke alarms.
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Sec. 7-8-40 –Group R-1.
Single- or multiple-station smoke alarms shall be installed in all of the following locations in
Group R-1
1. In sleeping areas.
2. In every room in the path of the means of egress from the sleeping area to the door
leading from the sleeping unit.
3. In each story within the sleeping unit, including basements. For sleeping units with
split levels and without an intervening door between the adjacent levels, a smoke alarm installed
on the upper level shall suffice for the adjacent lower level provided that the lower level is less
than one full story below the upper level.
Sec. 7-8-41 – Groups R-2, R-3, R-4 and I-1.
Single- or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-
3, R-4 and I-1 regardless of occupant load at all of the following locations:
1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity
of bed- rooms.
2. In each room used for sleeping purposes.
3. In each story within a dwelling unit, including basements but not including crawl
spaces and uninhabitable attics. In dwellings or dwelling units with split-levels and without an
intervening door between the adjacent levels, a smoke alarm installed on the upper level shall
suffice for the adjacent lower level provided that the lower level is less than one full story below
the upper level.
Sec. 7-8-42 – Installation near cooking appliances.
Smoke alarms shall not be installed in close proximity to cooking appliances noted in the
following locations unless this would prevent placement of a smoke alarm in a location required
by Section 7-8-40 or 7-8-41.
1. Ionization smoke alarms shall be installed a minimum of 20 feet (6096 m)
horizontally from a permanently installed cooking appliance.
2. Ionization smoke alarms with an alarm-silencing switch shall be installed a minimum
of 10 feet (3048 mm) horizontally from a permanently installed cooking appliance.
3. Photoelectric smoke alarms shall be installed a minimum of 6 feet (1829 mm)
horizontally from a permanently installed cooking appliance.
Sec. 7-8-43 – Installation near bathrooms.
Smoke alarms shall be installed a minimum of 3 feet (914 mm) horizontally from the door or
opening of a bathroom that contains a bathtub or shower unless this would prevent placement of
a smoke alarm required by Section 7-8-40 or 7-8-41.
Sec. 7-8-44 – Interconnection.
Where more than one smoke alarm is required to be installed within an individual dwelling or
sleeping unit, the smoke alarms shall be interconnected in such a manner that the activation of
one alarm will activate all of the alarms in the individual unit. Physical interconnection of smoke
alarms shall not be required where listed wireless alarms are installed and all alarms sound upon
activation of one alarm. The alarm shall be clearly audible in all bedrooms over background noise
levels with all intervening doors closed.
Exceptions:
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1. Interconnection is not required in buildings that are not undergoing alterations, repairs or
construction of any kind.
2. Smoke alarms in existing areas are not required to be interconnected where alterations
or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure,
unless there is an attic, crawl space or basement available that could provide access for
interconnection without the removal of interior finishes.
Sec. 7-8-45 – Power source.
Single-station smoke alarms shall receive their primary power from the building wiring
provided that such wiring is served from a commercial source and shall be equipped with a battery
backup. Smoke alarms with integral strobes that are not equipped with battery backup shall be
connected to an emergency electrical system. Smoke alarms shall emit a signal when the
batteries are low. Wiring shall be permanent and with- out a disconnecting switch other than as
required for over- current protection.
Exceptions:
1. Smoke alarms are permitted to be solely battery operated in existing buildings
where construction is not taking place.
2. Smoke alarms are permitted to be solely battery operated in buildings that are not
served from a commercial power source.
3. Smoke alarms are permitted to be solely battery operated in existing areas of buildings
undergoing alterations or repairs that do not result in the removal of interior walls or ceiling finishes
exposing the structure, unless there is an attic, crawl space or basement available that could pro-
vide access for building wiring without the removal of interior finishes.
Sec. 7-8-46 – Smoke detection system.
Smoke detectors listed in accordance with UL 268 and provided as part of the building’s fire
alarm system shall be an acceptable alternative to single- and multiple-station smoke alarms and
shall comply with the following:
1. The fire alarm system shall comply with all applicable requirements in Section 907 of the
International Fire Code.
2. Activation of a smoke detector in a dwelling or sleeping unit shall initiate alarm notification
in the dwelling or sleeping unit in accordance with Section 907.5.2 of the International Fire Code.
3. Activation of a smoke detector in a dwelling or sleeping unit shall not activate alarm
notification appliances outside of the dwelling or sleeping unit, provided that a supervisory signal
is generated and monitored in accordance with Section 907.6.6 of the International Fire Code.
Sec. 7-8-47 –Single- and multiple-station smoke alarms.
Single- and multiple-station smoke alarms shall be tested and maintained in accordance with
the manufacturer’s instructions. Smoke alarms that do not function shall be replaced. Smoke
alarms installed in one- and two-family dwellings shall be replaced not more than 10 years from
the date of manufacture marked on the unit, or shall be replaced if the date of manufacture cannot
be determined.
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Sec. 7-8-48 – General.
Carbon monoxide alarms shall be installed in dwellings in accordance with Section 915.2 of
the Minnesota Fire Code:
Sec. 7-8-49 – Dwelling units.
Carbon monoxide detection shall be installed in dwelling units outside of each separate area
within 10 feet of the bedrooms. Where a fuel-burning appliance is located in a bedroom or its
attached bathroom, carbon monoxide detection shall be installed within the bedroom.
Sec. 7-8-50 – Sleeping units.
Carbon monoxide detection shall be installed in sleeping units.
Exception: Carbon monoxide detection shall be allowed to be installed outside of each
separate sleeping area within 10 feet of the sleeping unit if its attached sleeping unit does not
contain a fuel-burning appliance and is not served by a fuel-burning, forced air furnace.
Sec. 7-8-51 – Carbon monoxide alarms and detectors.
Carbon monoxide alarms and carbon monoxide detection systems shall be maintained in
accordance with NFPA 720. Carbon monoxide alarms and carbon monoxide detectors that
become inoperable or begin producing end-of-life signals shall be replaced.
Section 9. Chapter 7-9 of Title 7 of the Rochester Code of Ordinances is hereby
created to read as follows:
Chapter 7-9 Rental Unit Registration
Sec. 7-9-1. - Registration certificate required.
(1) Except as permitted in subsection (2) or (3) of this section, no owner shall allow another
person to occupy, nor shall any person rent or offer to rent to another for occupancy, any dwelling,
or any apartment or rooming unit in any dwelling, without first obtaining a registration certificate
as provided in this chapter. This registration certificate is also referred to within this chapter as a
rental license or license. Any registration certificate obtained pursuant to this section shall be
issued in the name of the owner. In the case of a multiple unit dwelling, a registration certificate
issued pursuant to this section includes and applies to both the entire dwelling as well as each
individual rental unit within the dwelling. Any suspension or revocation of the registration
certificate or the right to receive a registration certificate may involve the entire dwelling or an
individual unit within the dwelling.
(2) The offer to rent to another may be extended prior to issuance of a registration
certificate provided an application for a registration certificate has been properly filed with the
director. An application may be classified as pending for up to 90 days without payment of all
fees. All applicable fees must be paid before an inspection can be scheduled.
(3) The property is confirmed as a homestead property through tax records, is documented
under a trust, or is a recorded contract for deed through property tax records.
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(4) The occupancy or rental of any dwelling, or any apartment or rooming unit in any
dwelling for which a registration certificate is required, need not be interrupted or suspended for
lack of a registration certificate if the same is due to the inability of the director to process the
application in a timely manner, or if the owner is in the process of complying with a notice of
deficiencies from the director within the period of time authorized by the director.
(5) For purposes of this chapter, the term "director" means the director of the community
development department or the director's designee.
(6) When the owner of the dwelling is not a resident or does not maintain a corporate office
in the state, the owner must appoint a resident agent residing in the state to accept service of
process or any other document in any action or proceeding related to the dwelling. In addition,
when the owner of the dwelling is not a resident of Houston, Winona, Fillmore, Olmsted, Goodhue,
Dodge, Mower or Wabasha County, the owner must appoint a property manager residing in one
of the above counties to act as the owner's agent in managing and supervising the dwelling. The
resident agent and the property manager may be the same person. The resident agent and the
property manager must sign the application for the registration certificate. The owner may not
change the identity or the location of the resident agent or property manager without first obtaining
an amended registration certificate reflecting the changed information.
(7) Not withstanding any provision of this section to the contrary, an owner who allows a
person to occupy a vacant dwelling that is on the real estate market for sale in order to provide
property maintenance services is not required to obtain a registration certificate. The term
"property maintenance services" means dwelling caretaking and maintenance duties, including,
but not limited to, yard maintenance, snow removal, turning on necessary utility services, turning
off unnecessary utility services, and the prevention of intruders, vandals and trespassers.
(8) An owner seeking to rely on subsection (6) of this section in order to be exempted from
the registration certificate requirement must comply with all of the following conditions:
a. The owner must list the vacant dwelling for sale in the multiple listing service real estate
market.
b. The owner must contract with a licensed real estate company registered to do business
in the state that performs property maintenance services for dwellings listed for sale.
c. The owner and the real estate company performing property maintenance services must
register with, and obtain an exemption from registration from, the community development
department. The registration and exemption is valid for six months and may be renewed.
d. The dwelling must be a single-family dwelling, or a single unit of condominium or
townhouse.
e. An owner, other than a lending institution selling foreclosed properties, is permitted one
exemption.
Sec. 7-9-2. - Application for registration certificate.
An application for a registration certification shall be filed by the owner or the owner's agent
with the director. An application for any dwelling to be converted to a use requiring a registration
certificate shall be made and filed with the director at least 30 days prior to such conversion.
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Sec. 7-9-3. - Application forms.
The director must supply application forms for registration certificates.
Sec. 7-9-4. - Applications.
Each application for registration certificate shall contain the following information:
(1) Name, residence address, telephone number, date of birth and signature of the owner
of the dwelling. In lieu of the owner's signature, the owner may provide a certification authorizing
the property manager to execute documents on the owner's behalf. If the owner is a partnership,
the name of the partnership, and the name, residence address, telephone number, and date of
birth of the managing partner. If the owner is a corporation, the name and address of the
corporation, and the name, address, telephone number, and date of birth of the chief operating
officer. If the dwelling is being sold on a contract for deed, the name and address of the contract
vendee must appear. Where the term "owner" is used in any part of the city housing code, it shall
include all persons as outlined in this section.
(2) Name, residence address, telephone number, date of birth and signature of any agent
appointed by the owner to accept service of process and to receive or give receipt for notices.
(3) Name, residence address, telephone number, date of birth and signature of any
property manager, operator or agent actively involved in maintenance or management of said
dwelling.
(4) Legal street address of the dwelling.
(5) Complete details of the number and kind of units offered for rent, classified as to the
type of unit on the application, and the facilities incorporated in such rental units.
(6) Any person making application for a rental registration certificate must provide proof of
identification by the use of a driver's license, state-issued identification card, military identification
card, or such other identification as is acceptable to the director. The identification provided must
set forth the full name and date of birth of the person making the application.
(7) An acknowledgment that the applicant has reviewed and understands the provisions of
this chapter, intends to abide by the provisions and will include reference to this chapter in any
written lease used in renting the property.
Sec. 7-9-5. - Registration certificate standards.
(1) No person may be issued a registration certificate unless they satisfy the standards
provided in this section. Failure to comply with any of these standards at any time shall be
adequate grounds for the denial, refusal to renew, suspension or revocation of a registration
certificate, or the imposition of a fine upon the licensee or applicant consistent with section 7-9-
18 (4)(c). Except where specifically noted, it is not necessary for a criminal conviction to exist in
order to support a determination that a violation of a standard has occurred. Any suspension or
revocation sanction imposed pursuant to this section must be limited to the licensee's or
applicant's registration certificate, or the licensee's or applicant's right to obtain a registration
certificate, for the noncompliant property.
(2) As used in this chapter, the term "licensee or applicant" means:
a. An owner of property who possesses or applies for a registration certificate;
b. An owner of property seeking to renew a registration certificate; and
c. Either of those persons' agents, employees or representatives.
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(3) A registration certificate shall be issued if:
(4) The licensee's or applicant's application form contains facts that permit issuance of the
certificate in compliance with all applicable state laws and city ordinances.
(5) The licensee or applicant has paid the required license or reinspection fee.
(6) The licensee or applicant has not intentionally made inaccurate or incorrect
representations of material facts on the application form. The licensee or applicant has not
intentionally made inaccurate or incorrect oral or written representations to a city official regarding
the rental dwelling unit or the ownership of the rental dwelling unit.
(7) Rental dwelling units do not exceed the maximum number of dwelling units permitted
by this Code.
(8) No rental dwelling or rental dwelling unit is over occupied or illegally occupied in
violation of this Code.
(9) The licensee or applicant has not allowed weeds, vegetation, junk, debris or rubbish to
accumulate repeatedly on the exterior of the dwelling so as to create a nuisance condition under
chapter 8-3. The term "repeatedly" refers to those situations when the city was required to abate
such nuisance under chapter 8-3 more than two times during a 12-month period.
(10) The dwelling complies with all federal, state and city laws and ordinances.
(11) The licensee or applicant allows the city to perform a rental inspection.
(12) The licensee or applicant maintains a current register of all tenants and other persons
with a lawful right of occupancy to a dwelling unit and the corresponding floor number, and unit
number and/or letter and/or designation of such unit within the building. The register is kept current
at all times. The licensee has designated the person who has possession of the register and shall
inform the director of the location at which the register is kept. The register is available for review
by the director or his authorized representatives at all times.
(13) The licensee or applicant has no delinquent property taxes or assessments on the
rental dwelling, and is not delinquent on any financial obligations owing to the city unless
reasonable payment arrangement has been reached.
(14) The licensee or applicant is not the subject of a pending administrative or criminal
proceeding initiated pursuant to this chapter.
(15) The licensee or applicant has no direct personal or financial interest in a registration
certificate that is currently suspended pursuant to this chapter.
(16) The licensee or applicant has no legal or equitable interest in a person whose right to
apply and receive a registration certificate is currently suspended or revoked pursuant to this
chapter.
(17) The licensee or applicant has no legal or equitable interest in two or more registration
certificates revoked, suspended or any combination thereof, pursuant to this chapter, during the
past five years.
(18) The licensee or applicant has not had within the past two years four violations of
section 7-9-1(1) (allowing a dwelling to be occupied or rented without first obtaining a registration
certificate).
(19) The licensee's or applicant's actions have not created a threat or danger to the public's
health, safety or welfare as it relates to the property.
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(20) The licensee or applicant has not allowed the dwelling to be used in such a manner
as to constitute a breach of the peace, a menace to the public's health, safety or welfare, or an
unreasonable disturbance to the peace and comfort of the city's residents as it relates to the
property.
(21) The licensee or applicant has not intimidated or retaliated, or made any threat of
eviction or retaliation, against a tenant solely and exclusively because the tenant made or filed,
or threatened to make or file, a complaint with the community development, police or fire
departments regarding the rental dwelling unit and any matter within either of the department's
jurisdiction.
(22) The licensee or applicant has completed either the landlord public safety seminar or
phase I of the crime free multi-housing program, or has submitted a comparable certificate from
a crime free multi-housing program from another jurisdiction. A licensee or applicant satisfies this
requirement by proof that its management company has completed this program. Existing license
holders must satisfy this requirement by October 31, 2011.
Sec. 7-9-6. - Compliance with zoning requirements.
A certificate issued by the zoning administrator indicating that the dwelling's proposed use
is in compliance with all city zoning requirements must accompany every application for a
registration certificate.
Sec. 7-9-7. - Investigation.
The director shall investigate all applications for the registration certificate to verify that the
dwellings, apartments, or rooming units that are non-owner occupied comply with the provisions
of this Code, including any provision of the zoning, building, fire safety, or health ordinances
applicable in Sections 7-2-3 and 7-2-5.
Sec. 7-9-8. - Issuance and posting of registration certificate.
The director must issue a registration certificate whenever the investigation of an
application indicates that the dwellings, apartments, or rooming units offered for rent comply
with all provisions of this Code, including any provisions of the zoning, building, fire safety, or
health ordinances applicable in Sections 7-2-3 and 7-2-5. Every registrant of a dwelling,
apartment or rooming unit offered for rent shall post the registration certificate in a conspicuous
place.
Sec. 7-9-9. - Notice of violation.
The director must serve notice to the applicant, as required by Sections 7-3-26 through 7-
3-31, whenever the director's investigation of an application for registration certificate indicates
that the dwelling, apartment or rooming unit that is non-owner occupied does not comply with
the provisions of this Code. Additionally, owners of rental property must give notice of
outstanding violations under Section 7-9-18 to purchasers of such property.
Sec. 7-9-10. - Rejection of application.
Whenever the investigation of an application for a registration certificate indicates that the
dwelling, apartment or rooming unit does not comply with the provisions of this Code, and from
the nature of the violations, the dwelling, apartment or rooming unit cannot be brought up to
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meet the minimum requirements, the director shall return the application to the applicant stating
the reasons for the rejection of the application.
Sec. 7-9-11. - Appeals.
Any applicant whose application for registration certificate has been rejected by the
director, may request and shall be granted a hearing in the matter before the board of appeals
under the procedures found in chapter 1-4.
Sec. 7-9-12. - Failure to register.
Every person required to register a dwelling, apartment, or rooming unit under the
provisions of this chapter, and who fails to do so, or who allows the property to be occupied
when the registration certificate or right to receive such registration certificate is revoked or
suspended, shall be guilty of a violation of this Code. Each day that a property is rented out
without a valid rental registration certificate on file for that property is a separate violation. A
violation of this section shall be penalized as noted in Section 7-3-6(8).
Sec. 7-9-13. - Certificate renewal and transferability.
(a) Registration certificates will be placed on one-year, two-year, three-year, or four-year
cycle pending the last inspection scoring, which is determined upon number and priority of
violations. All information required by section 7-9-2 must be submitted at the time of renewal.
(b) Every person who transfers title to property registered under this chapter shall provide
the director with the name, residence address, telephone number, and date of the transfer of title
to the new owner within ten days of the date of such transfer. Within 30 days of the date of such
transfer, the new own er or their agent shall make application to transfer the registration certificate to the
new owner. A rental certificate transfer fee of $20.00 must be paid at the time that the application
for transfer is submitted to the director. In the case of an option contract where the holder of the
option is collecting rents and/or is paying on the mortgage to the property while the option remains
unexercised, the holder of the option shall be deemed to be the owner of the property for purposes
of this section and shall be required to apply for a rental registration certificate in his name. The
date the option contract is created shall be deemed to be the date the holder of the option
becomes the owner for purposes of this section.
Sec. 7-9-14. - Suspension or revocation of registration certificate.
(1) Any registration certificate issued by the city may be denied, allowed to expire without
renewal, suspended or revoked, or the licensee or applicant may be fined consistent with section
7-9-18(4)(c), upon a finding, based upon a preponderance of the evidence presented at a public
hearing, that the certificate holder, during the term of the certificate, failed to comply with any
provision of this title or chapter 8-2, any applicable federal or state statute or administrative rule,
or any other city or county ordinance. The failure to obtain an amended registration certificate
showing the changed name or location of a resident agent or property manager, as required by
section 7-9-1(5) and the failure to comply with any of the registration certificate standards provided
in section 7-9-5 are also a basis for any of the actions provided for in this section.
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(2) The council may postpone or discontinue an action to deny, not renew, revoke or
suspend a registration certificate, or to fine a licensee or applicant, if it appears the licensee or
applicant has taken appropriate measures, including a failed eviction process, which will correct
the violation.
(3) This section applies to individual units within buildings or complexes containing multiple
units when the noncompliance occurs within a unit. This section applies to a public area covered
by a registration certificate when the noncompliance occurs within a public area. For purposes of
this chapter, the term "public area" shall have the meaning provided in section and the
7-4-18
term "applicable federal or state statute or administrative rule, or any other city or county
ordinance" means any such law or ordinance that involves the protection and security of the
public's health, welfare or safety.
(4) A person's right to apply and receive a registration certificate may be suspended or
revoked upon a finding, based upon a preponderance of the evidence presented at a public
hearing, that the applicant has allowed a person to occupy, or has rented or has offered to rent to
another for occupancy, any dwelling, or any apartment or rooming unit in any dwelling, without
first obtaining a registration certificate as required by this chapter. The council may postpone or
discontinue an action to deny, not renew, revoke or suspend a registration certificate, or to fine a
licensee or applicant, if it appears the licensee or applicant has taken appropriate measures,
including a failed eviction process, which will correct the violation.
(5) Upon the community development director's determination that a reasonable basis
exists to seek the suspension or revocation of a registration certificate, right to obtain a certificate,
or to seek the imposition of a fine or other sanction, the director shall cause a hearing to be held
before the rental housing complaint board. This board consists of the common councilmember
representing the ward in which the noncompliance occurred, the common council president and
the mayor. All parties must be given an opportunity to appear at the hearing after receiving
reasonable notice. The notice must state the time, place and issues involved. At the hearing, the
certificate holder may present evidence of mitigating circumstances showing the absence of any
need for a public hearing before the common council to consider the revocation or suspension of
the certificate, the right to obtain a certificate, or the imposition of fines or other sanctions. The
board must, in good faith, hear and consider this evidence in making its recommendation as to
the need for a public hearing.
(6) At the conclusion of the hearing, the board must make a recommendation to the
common council as to whether there is a need for a public hearing to consider the suspension or
revocation of the certificate or the right to obtain a certificate. The board's recommendation must
be submitted to the council for its consideration. If the council determines there is a need for the
council to hold a public hearing to consider the suspension or revocation of a certificate, or the
right to obtain a certificate, or the imposition of a fine or other sanction, the council must follow
the procedure provided in subsection (g) of this section.
(7) No such suspension or revocation shall be effective until the certificate holder has been
afforded an opportunity for a hearing under Minn. Stats. §§ 14.57—14.69. All parties must be
given an opportunity to appear at the hearing after receiving reasonable notice. The notice must
state the time, place and issues involved. The certificate holder may present evidence of
mitigating circumstances that would allow the certificate holder to retain the certificate or the right
to obtain a certificate. The common council must, in good faith, hear and consider this evidence
in arriving at its final order.
(8) Upon a finding that the certificate holder, licensee or applicant has violated any such
statute, rule or ordinance, the common council may impose any of the following sanctions:
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a. Suspend the registration certificate, or the right to obtain a certificate, for a period of
time not to exceed two years. From the time the suspension expires until the time the certificate
is scheduled to expire, if applicable, the certificate holder will be on probation subject to
compliance with all federal, state and local laws and ordinances. If the certificate holder violates
any such law or ordinance during the time of probation, the council must hold another hearing to
consider the revocation of the certificate.
b. Revoke the rental registration certificate, or the right to obtain a certificate, and establish
a time after which the certificate holder or applicant may apply for a new certificate for the
premises in question. The revocation period may not exceed five years.
c. Impose a civil fine not to exceed $1,000.00 for each violation that occurred.
d. Place the certificate holder or applicant on probation for a time period not to exceed one
year. During the probation, the certificate holder or applicant must comply with all federal, state
and local laws and ordinances as well as any other reasonable condition imposed by the council
designed to gain compliance with applicable laws. If the certificate holder or applicant violates any
of the terms of probation, the council must hold a hearing to consider the suspension or revocation
of the certificate or the right to obtain a certificate.
(9) Upon expiration of a suspension or probation time period, a certificate holder must pay
to the city a re-instatement fee of $100.00 for the first unit or public area to be re-inspected and
re-licensed and $20.00 for each additional unit or public area to be re-inspected and re-licensed.
Sec. 7-9-15. - Legislative intent.
(1) It is declared to be the purpose and intent of sections 7-9-15 through 7-9-18 to protect
and preserve this city's neighborhoods and the public health, safety, welfare and morals of those
who live there. The common council determined that:
a. There are persons residing in rental property in the city engaging in disorderly conduct
which results in a hostile environment for other citizens living close to the rental property;
b. There is currently no city ordinance which provides a formal procedure by which the city
can notify a rental property owner or manager of the disorderly conduct occurring on the property;
c. There is currently no procedure by which the city can require a rental property owner or
manager to respond to and resolve the occurrences of disorderly conduct occurring on his rental
property and to take administrative action against his rental registration certificate or right to obtain
a rental registration certificate should he fail to do so.
(2) Accordingly, it is the intent of sections 7-9-15 through 7-9-18 to address the serious
and, at times, life-threatening problems posed by the occurrence of disorderly conduct to the
health and safety of all city residents in all portions of the city. At the same time, the common
council recognizes, acknowledges, and complies with all due process and property rights enjoyed
by those who own or manage rental property as well as those who reside in such property. This
title represents the city's good faith effort to balance those competing and legitimate interests.
Sec. 7-9-16. - Definitions.
The following words, terms and phrases, when used in this title, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
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Appropriate action means that action which a reasonable rental property owner would take
based upon the facts and circumstances of each case so as to prevent a reoccurrence of the
disorderly use.
Disorderly or disorderly use means that conduct occurring on the licensed premises, which
violates a provision of section 7-9-17(2).
License means a registration certificate or the right to receive a registration certificate as
required by this chapter.
Licensed premises or premises means the property owned, operated, or managed by a
rental property owner and shall refer to an individual unit within a multi-unit complex when
applicable.
Rental property owner means one who holds the license or who is otherwise obligated to
obtain and maintain the license as required by this chapter.
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Sec. 7-9-17. - Conduct on licensed premises.
(1) Any rental property owner shall be responsible to take appropriate action against
persons occupying specific units in the licensed premises who conduct themselves in such a
manner as to cause the premises to be disorderly in violation of the statutes or ordinances listed
in subsection (2) of this section. For purposes of this section, the term "persons occupying the
premises" includes tenants and those persons on the licensed premises whose presence the
tenant has invited or to which the tenant has acquiesced. Violations of this section apply to
individual units within buildings or complexes containing multiple units when the conduct occurs
within a unit. Violations of this section by persons occupying specific units that occur within a
common area of the licensed premises shall apply both to the individual unit and to the common
area of the licensed premises.
(2) The following ordinances and statutes are applicable to this section:
a. Minn. Stats. § 609.324 prohibiting prostitution;
b. Section 8-7-1 prohibiting indecent conduct;
c. Section 8-7-6 prohibiting participation in a disorderly house;
d. Minn. Stats. §§ 617.23—617.299 prohibiting obscenity;
e. Section 8-7-8 prohibiting loud parties or gatherings or other unnecessary loud
noises;
f. Chapter 7-5 and Sections 7-2-26 through 7-2-27 prohibiting overcrowding;
g. Minn. Stats. §§ 609.75—609.76, which prohibit gambling;
h. Minn. Stats. §§ 152.01—152.025 and 152.027, subds. 1 and 2, which prohibit the
unlawful sale or possession of controlled substances;
i. Minn. Stats. ch. 340A, which prohibits the unlawful sale, use or possession of
alcoholic beverages;
j. Minn. Stats. §§ 97B.021, 97B.045, 609.66—609.67 and 624.712—624.716, which
prohibit the unlawful possession, transportation, sale, or use of a weapon;
k. Minn. Stats. § 609.72, which prohibits disorderly conduct; or
l. Minn. Stats. §§ 609.221, 609.222, 609.223, 609.2231, and 609.224, which prohibit
assaults, except that domestic assaults, as the same are defined by state law, are not
included herein.
(3) The police or director shall be charged with the responsibility of enforcing subsection
(2) of this section.
(4) Upon determination by the police or housing inspector that the licensed premises were
involved in a disorderly use, the police shall notify the license holder by regular mail of such
violation and direct the license holder to take appropriate action to prevent further violations.
Notice shall be effective if mailed to the license holder at that person's last-known address. This
and subsequent notices are collectively referred to as disorderly use notices.
(5) If another instance of disorderly use on the premises occurs within 12 months of an
incident for which a prior disorderly use notice was given, the license holder shall be notified of
the instance of disorderly use and shall also be required to submit a written report of appropriate
actions taken by the rental property owner to prevent further disorderly use of the premises. This
written report shall be submitted to the police within five days of the notice of disorderly use of the
premises and shall, in addition to the report of appropriate actions to be taken, detail all actions
taken by the rental property owner in response to all notices of disorderly use of the premises
within the preceding 12 months. Failure to submit the written report as required herein shall be a
basis for the imposition of a fine and the revocation or suspension of the license or right to receive
the license for the specific units located on the licensed premises as otherwise provided for in this
chapter.
(6) If another instance of disorderly use of the premises occurs within 12 months of two or
more prior disorderly use notices, the license or right to obtain such license may be revoked or
suspended for a specific unit located on the licensed premises. If the notice of violation has been
issued with respect to a common area of a building or complex of buildings, then the license or
right to obtain such license as to all units in such building or complex may be suspended or
revoked.
(7) If another instance of disorderly use of the premises occurs within 12 months of the
expiration of a prior suspension issued pursuant to the provisions of this section, the license or
right to obtain such license may be revoked or suspended for the specific units located on the
licensed premises. If the notice of violation has been issued with respect to a common area of a
building or complex of buildings, then the license or right to obtain such license as to all units in
such building or complex may be suspended or revoked.
(8) No suspension or revocation or other sanctions shall be imposed where one or more
of the three required disorderly use notices were mailed or delivered to the landlord after the rental
property owner has filed an unlawful detainer action with the district court for the particular unit
identified in the disorderly use notice. Calls to police made by rental property owners shall not be
considered incidents of disorderly use in the implementation of subsections (4) through (6) of this
section. The initiation of an unlawful detainer action shall not be a bar to sanctions, however,
unless the action is diligently pursued by the rental property owner. Notice of and a copy of the
unlawful detainer action shall be delivered to the police department. A determination that the
licensed premises have been involved in a disorderly use as described in subsection (b) of this
section shall be made upon a preponderance of the evidence. It shall not be necessary that
criminal charges be brought to support a determination of disorderly use, nor shall the fact of
dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under
this section.
(9) This section applies to all leases, whether written or oral, and a landlord may consider
any tenant's conduct listed in subsection (2) of this section to be both a material breach of the
lease and grounds for termination in any unlawful detainer action. Additionally, all written leases
executed after August 31, 1995, shall contain a clause providing that conduct that violates
subsection (b) of this section constitutes both a material breach of the lease and grounds for
termination of such lease.
(10) This section is not intended to supersede criminal sanctions that may be applied to
the individual who violates the statutes and ordinances listed in subsection (b) of this section.
(11) A purchaser of rental property against which there is an outstanding first or second
disorderly use notice takes the property subject to that notice. The purchaser may petition the
common council to have one or both of those notices stricken. In considering the petition, the
common council shall consider the recommendations of the crime prevention unit and community
development department, and shall strike one or both of the previous disorderly use notices if
such action promotes the public's health, welfare and safety interests. Examples of actions that
promote the public's health, welfare and safety include, but are not limited to:
a. The need for a change in ownership of rental property that has a history of ordinance or
state law violations;
b. The implementation of new and positive rental practices, operations or policies;
c. The attendance at the crime free multi-housing program; and
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d. The use of beneficial lease agreement terms (such as requiring background checks and
allowing for eviction upon the occurrence of a disorderly use).
e. Consistent with Minn. Stats. § 504B.205, subd. 3, nothing in this section:
f. Requires an eviction after a specified number of calls by a residential tenant for police or
emergency assistance in response to domestic abuse or any other conduct; or
g. Provides that calls by a residential tenant for police or emergency assistance in response
to domestic abuse or any other conduct may be used to penalize or assess a fine to a landlord.
Sec. 7-9-18. - License suspension and revocation.
(1) Upon a determination that a license or right to obtain such a license may be suspended
or revoked, or that a fine or other sanctions may be imposed, a public hearing shall be held before
a body to be known as the rental housing complaint board. The rental housing complaint board
shall consist of the common councilmember from the ward in which the licensed premises is
located, the common council president, and the mayor. All parties shall be afforded an opportunity
to appear at such hearing after receiving reasonable notice. The notice shall state the time, place,
and issues involved. At this hearing, rental property owners may present evidence of mitigating
circumstances showing the absence of any need for a public hearing before the council to
consider the revocation or suspension of the license or right to receive such a license, or the
imposition of fines or other sanctions.
a. Mitigating circumstances may include, but are not limited to, the following:
(1) The license holder has initiated action to remove or evict the tenant;
(2) The license holder has participated in the police department's crime free multi-
housing program;
(3) The license holder was not the property owner at the time the disorderly use
notices were issued;
(4) The license holder has taken action to update the lease consistent with this
chapter's requirements;
(5) The license holder has initiated background checks of potential tenants; or
(6) The license holder has taken other action to monitor or positively impact the
tenant's conduct.
(2) The board shall, in good faith, hear and consider this evidence in making a
determination to hold a public hearing. At the conclusion of the hearing, the board shall make a
recommendation to the common council regarding whether a need exists for a public hearing.
The board's recommendation must be submitted to the common council for its consideration. If
the council determines to call for a public hearing to consider the issue of suspension or
revocation, or the imposition of a fine, the council shall follow the procedures described in
subsection (d) of this section.
(3) No suspension or revocation shall be effective until the rental property owner has been
afforded an opportunity for a hearing under Minn. Stats. §§ 14.57—14.69. Should the common
council hold a public hearing pursuant to the recommendation of the rental housing complaint
board, all parties shall be afforded an opportunity to appear at such hearing after receiving
reasonable notice. The notice shall state the time, place, and issues involved. At this hearing,
license holders may present evidence of mitigating circumstances that would allow a rental
property to retain its license or the right to obtain such a license. The common council shall, in
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good faith, hear and consider this evidence in making a determination to revoke or suspend the
license or right to receive a license, impose civil penalties, or impose other reasonable conditions
based upon violations of this chapter. The common council may postpone or discontinue such
proceedings if it appears that the licensee has taken appropriate measures that will prevent further
instances of disorderly use.
(4) The common council reserves the right to impose any of the following sanctions for
violations of section 7-9-17(2):
a. Suspend the license or right to receive a license for up to 60 days;
b. Revoke the license or right to receive a license and establish the time period after
which an application for a new certificate for the premises may be made;
c. Impose a civil fine not to exceed an amount equal to one months' rent for each
violation found as a result of the hearings; or
d. Impose other reasonable conditions intended to limit future incidents of disorderly
use.
The council may also stay the suspension or revocation of a license or right to receive
a license upon the license holder's compliance with the terms of the council's order.
(5) Upon expiration of the suspension or revocation period, a license holder shall pay to
the city a reinstatement fee equal to $100.00 for the first unit re-licensed and $20.00 for each
additional unit.
(6) Upon the expiration of the suspension or revocation period and the license holder's
compliance with such other sanctions imposed, the disorderly use notices that formed the basis
for the sanctions shall be stricken and not considered in any subsequent proceeding under this
section.
Sec. 7-9-19. - Prospective tenant background investigations.
(1) The common council has determined that there are persons residing in rental property
in the city engaging in disorderly conduct which results in a hostile environment for other citizens
living in or close to the rental property. It is the declared purpose and intent of this section to
protect and preserve the city's neighborhoods and the public health, safety, welfare and morals
of its citizens by providing a system at the local level for criminal history/background investigations
of prospective tenants.
(2) Any owner of rental property may request that the police department conduct a criminal
history/background investigation of a prospective tenant as provided under Section 2-12-3. Such
request shall be on a form approved or provided by the police department. The applicant shall
pay an investigation fee as established by resolution of the common council.
Sec. 7-9-20. - Declaration of nuisance.
(1) Minn. Stats. § 412.221, subd. 23 states that a city council has the power, by ordinance,
to define nuisances and to provide for their prevention or abatement. Minn. Stats. § 410.33
extends this authority to a home rule city, including the City of Rochester. In addition, Section
1.00, subd. 3 of the City of Rochester Home Rule Charter allows the city to utilize the authority
found at Minn. Stats. § 412.221, subd. 23.
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(2) The common council invokes the authority described in subsection (a) of this section
and hereby declares the repeated violation of this title and chapter 8-2 to be a nuisance.
(3) For purposes of this section, the term "repeated violation" means three or more
convictions for one property address, or six or more convictions for multiple property addresses,
involving this title and chapter 8-2, occurring within a 24-month period.
(4) In addition to any other relief provided by this chapter, the city attorney may apply to a
court of competent jurisdiction for injunctive relief to prohibit the continuation of any nuisance as
declared by this section. Such application for relief may include seeking a temporary restraining
order, temporary injunction or permanent injunction.
Section 10. Chapter 7-10 of Title 7 of the Rochester Code of Ordinances is hereby
created to read as follows:
Chapter 7-10 – Short Term Rental Hosting Platforms
Sec. 7-10-1 – Definitions.
Whenever used in this chapter the following words shall have the meanings indicated.
Building inspector means the director of community development or any of his authorized
representatives and assistants.
License means a short-term rental hosting platform license.
Short-term rental hosting platform means a person or entity that participates in the short-
term rental business by providing, and collecting or receiving a fee for, booking services through
which an owner may offer a dwelling unit, or a portion thereof, for tourist or transient use.
Hosting platforms usually, though not necessarily, provide booking services through an online
platform that allows an owner to advertise the dwelling unit through a website provided by the
hosting platform and the hosting platform conducts a transaction by which potential tourist or
transient users arrange tourist or transient use and payment, whether the tourist or transient
pays rent directly to the owner or to the hosting platform.
Short Term Rental- Owner Occupied means a dwelling unit, or a portion of a dwelling unit,
rented for less than 30 days, in which at least one of the owners, is occupying the site during the
rental period, and is registered as an owner-occupied short-term rental with the City of Rochester.
Short Term Rental- Non-Owner Occupied means a dwelling unit, or a portion of a dwelling
unit, rented for less than 30 days, in which the owner is not present during the rental period, and
holds a short-term rental certificate with the City of Rochester.
Sec. 7-10-2 – License required.
(1) No person shall engage in the activity of a short-term rental in the city without obtaining a
registration certificate as provided in chapter 7-8-1. Single-family owner occupied short term
rentals are required to be registered only. All other short-term rental are required to be registered
and inspected per Section 7-9-12.
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(2) Short term rentals in multi-family buildings with three or more (3+) units would be
prohibited as a primary use (these would be considered hotels). Structures with three or more
(3+)units require building code classification change from an “apartment building” where
occupants are primarily permanent in nature to “hotel/transient housing”. Structures with five or
more (5+) beds would be classified by the Department of Health as “lodging” or “hotel” and require
a lodging license.
# of STR Rental State Building Building or
Lodging
State
Dwelling Registration Property Code portion thereof
Property Type Accessibility
License
Units Required Inspection Occupancy Reclassification
Requirements
Required
Allowed Required Classification Required
Single Family
Building or
Unit– attached
(townhouse) IRC-1,
or detached 1 Yes No IRC-3, or No None
(Owner R-3
Occupied,
includes
Condominium)
Lodging
Single Family
license
Building or
IRC-1, required if
Unit– attached
1 Yes Yes IRC-3, or No None structure
(townhouse)
R-3 rents five or
or detached
more (5+)
beds
Lodging
license
Duplex required if
IRC-2, or
2
Building 2Yes Yes No None structure
R-3
rents five or
more (5+)
beds
Lodging
license
Triplex required if
1,2
Building 2Yes Yes R-2 No None structure
rents five or
more (5+)
beds
Lodging
license
Four-Plex
required if
1,2
Building 2Yes Yes R-2 No None
structure has
five or more
(5+) beds
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Building with Lodging
No
1,2
more than 2Yes Yes R-2 None license
Four Units required
Building with 2% Lodging
Yes, R-1
more than 25% of Yes Yes R-2 Accessible license
Four Units dwelling Units required
1
units
1
If more than number stated is requested, Community Development would consider this
change to be a change of use (due to modifying more than 25% of the units), and would require
the project to go through the applicable change of use review process.
2
For the purposes of this table it is assumed that the number of occupants within the two
dwelling unit does not exceed 10 total.
Sec. 7-10-3 - Short-term rental and short-term rental hosting platform license fee.
(1) All other short-term rentals are required to be registered and inspected per Chapter 7-9.
(2) The annual fee for the issuance or renewal of a short-term rental hosting platform license
shall be as is listed in the fee schedule. The building inspector may, through the fee schedule,
impose a lesser annual fee for a short-term rental hosting platform that lists or will list no more
than one-hundred fifty (150) dwelling units at any given time. The license fee shall be paid as a
precondition to issuance or renewal of the license.
Sec. 7-10-4 - Short-term rental application.
All short-term rental applicants are required to adhere to requirements of Section 7-9-4.
Sec. 7-10-5 - Short-term rental qualifications for license.
All short-term rental applicants are required to adhere to requirements of Section 7-9-5(1)
Sec. 7-10-6 - Short-term rental, investigation and issuance.
All short-term rentals are required to adhere to requirements of Section 7-9-6.
Sec. 7-10-7 - Adverse license action.
All short-term rentals are required to adhere to requirements of Section 7-9-17.
Section 11. This ordinance shall become effective on September 1, 2022.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2022.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2022.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Ord20/Title 7.Repeal&Replace.docx
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