This chapter of the Fridley City Code (Code) establishes minimum building and consturciton requirements to safeguard the health, safety and welfare of properties and property owners within the City of Fridley (City).

Building Official: designation by the Council to a City employee who is granted administrative authority for Code administration. The City’s Building Official must be certified pursuant to Minnesota Statute (M.S.) § 326B.133, and hold experience in design, construction and supervision related to building construction requirements.

State Building Code: standards applied statewide for the construction, reconstruction, alteration and repair of buildings and other structures. The State Building Code governs the construction, reconstruction, alteration, repair, and use of buildings and other structures. The State Building Code provides basic and uniform performance standards, establishes reasonable safeguards for the health, safety, welfare, comfort, and security of residents and provides for the use of modern methods, devices, materials, and techniques.

1. Pursuant to M.S. 326B, the City hereby adopts the Minnesota State Building Code.
2. The code enforcement authority of this municipality is designated to the City's Building Official.
3. The issuance of building permits and the collection of fees is authorized in Minnesota Rules Chapter 1300. Permit fees will be assessed for work governed by this Chapter. In addition, a surcharge fee will be collected on all permits issued for work governed by this Chapter in accordance with Minnesota Statutes 326B.148.
4. Violations and Penalties. A violation of the code is a misdemeanor pursuant to M.S. § 326B.082, Subd.16.
5. The Minnesota State Building Code allows the City to adopt by reference and enforce certain optional chapters of the most current edition of the Minnesota State Building Code. Chapter 1306, Special Fire Protection Systems is hereby adopted by the City and incorporated as part of the Code.

In the event of any conflict between the provisions of this Code and applicable provisions of State law, rules or regulations, the more restrictive will prevail.

1. Building Permits must be obtained by every person engaging in the following businesses or work in accordance with the applicable provisions of the Code:

(a) General contractors in the business of nonresidential building construction and residential contractors with an exempt card from the State. (b) Masonry and brick work. (c) Roofing. (d) Plastering, stucco work, or sheetrock taping. (e) Heating, ventilation, and refrigeration. (f) Gas piping, gas services, or gas equipment installation. (g) Oil heating and piping work. (h) Excavations, including excavation for footings, basements, sewer, and water line installations. (i) Wrecking of buildings. (j) Sign erection, construction. and repair, including billboards and electrical signs. (k) Blacktopping and asphalt work. (l) Chimney sweeps. (m) Sanitary Sewer Service Cleaners.

2. The issuance of Building Permits is authorized by M.S. § 326B.121.

3. When a plan or other data are submitted for review, the plan review fee is 65% of the Building Permit fee.

4. Where plans are incorporated or changed so as to require additional plan review, an additional plan review fee may be charged.

5. Applications for which no Building Permit is issued within 180 days following the date of application will expire by limitation and any plans and other data submitted for review may be returned or destroyed. The Building Official may extend the time for action upon request of the applicant once for a period not exceeding 180 days.

6. The Building Official may authorize the refunding of any fee which was erroneously paid or collected. The Building Official may authorize refunding of not more than 80% of the Building Permit fee paid when no work has been done under a permit issued in accordance with this Code. The Building Official may authorize refunding of not more than 80% of the plan review fee paid when an application for a Building Permit is withdrawn or cancelled before any plan reviewing is done. The Building Official may not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of the fee payment.

7. Any building contractor applying for a Building Permit to work in the City must comply with the provisions of the Code, submit evidence of holding public liability insurance of at least $500,000 per occurrence, have a certificates of workers’ compensation insurance as required by State Law and if applicable, list a Minnesota State Tax Identification number.

8. A Building Permit granted to a general contractor under this Section will include the right to perform all of the work included in the general contract. Such license must include any or all of the persons performing the work which is classified and listed in this Code, providing that each person performing such work is in the regular employ of the general contractor, and qualified under State law and the provisions of this Code to perform such work. In these cases, the general contractor will be responsible for all of the work so performed. Subcontractors on any work must be required to comply with the Sections of this Code pertaining to all requirements for their work.

9. The City has the power to suspend or revoke the Building Permit of any person under the regulations of this Chapter whose work is found to be improper or defective or so unsafe as to jeopardize life or property.

10. When a Building Permit issued under this Chapter is suspended, the period of suspension will be no less than 30 days and no more than one year.

11. When any person holding a Building Permit has violated the provisions of this Code a second time within one calendar year, the Building Official will revoke the Building Permit issued. Such person may not apply for a new license for a period of one calendar year following the revocation.

12. The owner of any single-family property may obtain a Building Permit and perform work on property which the owner occupies so long as the work is in accordance with the Code. 29 Item 6.

13. All licensed rental properties in the City must obtain a Building Permit for any work on property which the rental license holder owns.

14. Assumption of Liability. This Section may not be construed to affect the responsibility or liability of any party owning, operating, controlling, or installing the above-described work for damages to persons or property caused by any defect therein. The City may not be held liable by reason of the permitted persons, firms or, corporations engaged in such work.

Should any person begin work of any kind for which a permit from the Building Official is required by this Chapter without having secured the necessary permit such person must immediately apply for a permit to perform the work and will be required to pay an investiagion fee equal to the Building Permit fee and will be subject to all penalities allowed.

1. A re-inspection fee will be assessed for each inspection or re-inspection when the inspector determines the work to be inspected is incomplete or when corrections given during a previous inspection are not made.
2. This Section is not to be interpreted as requiring re-inspection fees the first time a job is rejected for failure to comply with the requirements of this Code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re-inspection.
3. Re-inspection fees may also be assessed when the Building Permit card is not properly posted on the work site, or the approved plans are not readily available for the inspection, or for failure to provide access on the date and time for which inspection is requested, or for deviating from plans previously approved the Building Official.
4. Where re-inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

1. Except for single family residential structures, a Certificate of Occupancy stating that all provisions of this Chapter have been fully complied with, must be obtained from the City:

(a) A temporary Certificate of Occupancy may be issued when the building is approved for occupancy, but the outside development is partially uncompleted. (b) Before any nonconforming use is improved or enlarged.

2. Application for a Certificate of Occupancy must be made to the City when the structure or use is ready for occupancy. The City will inspect the structure or use within 10days of the application. If the structure or use is found to be in conformity with all provisions of this Chapter, the City will sign and issue a Certificate of Occupancy. 3. No Building Permit or license required by the City or other governmental agency may be issued by any department official or employee of the City of such governmental agency, unless the application for such Building Permit or license is accompanied by proof of the issuance of a Certificate of Occupancy or Certificate of Compliance. 4. Change in Occupancy:

(a) The City must be notified of any change in ownership or occupancy at the time the change occurs for all industrial and commercial structures within the City. (b) A new Certificate of Occupancy or Compliance will be issued after notification. A fee will be assessed for this certificate.

5. Existing Structure or Use:

(a) In the case of a structure or use established, altered, enlarged, or moved, upon the issuance and receipt of a Special Use Permit, a Certificate of Occupancy may be issued only if all the conditions of the Building Permit is satisfied. (b) Whenever an inspection of an existing structure or use is required for the issuance of a new Certificate of Occupancy, a fee will be charged. If it is found that such structure or use does not conform to the applicable requirements, the structure or use may not be occupied until the structure or use is brought into compliance with all requirements.

1. Permit Required. Prior to performing any work that includes cutting a curb or excavation or installing a liner for a utility pipe on or under any street or curbing, a contractor or individual must apply for and obtain a permit from the City. The Public Works Department must verify the location of the watermain and sanitary sewer connections before any excavation or grading is permitted on the building site. The permit must specify the location, width, length, and depth of the necessary excavation. It must further state the specifications and conditions of public facility restoration. Such specifications must require the public facilities be restored to at least as good a condition as they were prior to commencement of work. Concrete curb and gutter or any similar street patching must be constructed by the contractor and inspected by the City, unless specified otherwise. 2. Performance Bond Required.

(a) Where plans and specifications indicate that proposed work includes connection to sanitary sewer, a watermain, a curb cut, or any other disruption that may cause damage to the facilities of the City, the application for permit must be accompanied by a performance bond for the value of work within the City right-of-way as a guarantee that all restoration work will be completed and City facilities left in an undamaged condition.

3. Inspections.

(a) The City must be notified to review the conditions of construction prior to any backfilling in an excavation otherwise approved under this division. (b) During and after restoration the Public Works Director or their designee must inspect the work to ensure compliance.

4. Return of Performance Bond. The Public Works Director will authorize a refund of the bond when restoration has been completed to their satisfaction. 5. Forfeiture of Performance Bond. Any person who fails to complete any of the requirements outlined in this Section will forfeit a portion of the bond necessary to pay for completing the unfinished work.

1. General. In addition to the provisions of this Section, all building site requirements in the zoning chapters of the Code, and any additions must be followed before in order for a building permit to be issued.
2. Utilities and Street Required. No building permit will be issued for any new construction unless and until all utilities are installed in the public street adjacent to the parcel of land to be improved and the rough grading of the adjacent street has been completed to the extent that adequate street access to the parcel is available.
3. Manufactured Home Prohibitions. Except in a manufactured home or manufactured home park, the removal of wheels from any manufactured home or the remodeling of a manufactured home through the construction of a foundation or the enclosure of the space between the base of the manufactured home and the ground, or through the construction of additions to provide extra floor space is prohibited.
4. Equipment and Material Storage. No construction equipment or material pertaining to construction may be stored on any property within the City without a valid building permit or prior approval from a property owner and/or the City. When construction is completed and a Certificate of Occupancy has been issued, any construction equipment or materials must be removed within (30) days from the issuance date on the Certificate of Occupancy.
5. Construction Work Hours. It is unlawful for any person or company acting as a contractor to engage in the construction of any building, structure or utility including but not limited to the making of any excavation, clearing of surface land, and loading or unloading materials, equipment or supplies, anywhere in the City before 7:00 a.m. and after 9:00 p.m., Monday through Friday and before 9:00 a.m. and after 9:00 p.m. on Saturdays. It is unlawful to engage in such work or activity on Sunday or any legal holiday. Nothing in this Chapter may be construed to prevent any emergency work necessary to prevent injury to persons or property at any time.
6. Requests for alternate hours must be made, in writing, to the City Engineer or their designee. Requests must state the name of the applicant, their business address, the location of the proposed work, the time(s) of the proposed construction and the reason for seeking an alternate hour accommodation. No such request will be granted unless the applicant can demonstrate that the public welfare will be harmed unless work is performed after hours.
7. Safeguards. Warning barricades and lights must be maintained whenever necessary for the protection of pedestrians and traffic during construction. Temporary roofs over sidewalks must be constructed whenever there is potential for danger to pedestrians from falling articles or materials. to pedestrians. When an existing pedestrian access route is blocked by construction, alteration, maintenance, or other temporary conditions, a Temporary Pedestrian Accessible Route (TPAR) must be provided to assist pedestrians, bicyclists and non-motorized vehicles safe movement within and around the construction zone

Fees for this chapter are set in the Fees Chapter of the Code.

Any person contesting a citation or decision associated with violations of this Chapter may file an appeal pursuant to the Appeals and Administrative Citations Chapter of the Code.

The Fridley City Council (Council) finds that reasonable regulation of swimming pools is necessary to provide for the public health, safety and general welfare in the City of Fridley (City).

Aquatic vessel, swimming pool, pool: A vessel, permanent or temporary, intended for swimming, bathing, or wading and is designed and manufactured to be connected to a circulation system.

Portable vessels 12 inches or less in designed water depth which are drained and filled daily are not considered aquatic vessels.

Building Official: Designation by the Council to a City employee who is granted administrative authority for administration of the Fridley City Code (Code).

Circulation system: The mechanical components that are a part of a recirculation system on an aquatic vessel. Circulation equipment may be, but not limited to, categories of pumps, hair and lint strainers, filters, valves, gauges, meters, heaters, surface skimmers, inlet/outlet fittings, and chemical feeding devices. The components have separate functions, but when connected to each other by piping, perform as a coordinated system for the purpose of maintaining the aquatic vessel’s water in a clear and sanitary condition.

Residential Pool: Any pool connected with a single-family residence or owner-occupied duplex located on private property under the control of the homeowner, the use of which is limited to swimming or bathing by the resident members or their invited guests. A residential pool is not a pool used as part of a business.

1. It is unlawful for any person to construct an aquatic vessel within the City without first having secured a permit. An application for this permit must be accompanied by the following:

(a) Proposed location of aquatic vessel illustrated on a certificate of survey with respect to the boundary lines of property.

(b) The types of equipment to be used in connection with the aquatic vessel including, but not limited to, filter unit, pump, heaters or other related equipment.

(c) Aquatic vessels requiring the excavation or addition of soil will be required to show the existing and proposed changes to the site's grading and drainage plan and must include an erosion control plan.

(d) A copy of the manufacturer's installation instructions for the aquatic vessel and all equipment associated with the aquatic vessel installation.

2. An aquatic vessel that is annually disassembled and assembled does not require a buildingpermit but must comply with the requirements of the Code.

It is unlawful for any person to maintain an aquatic vessel that does not comply with this Code. The Building Official may revoke any permit for failure to comply with this Code. Before a permit is revoked, the aquatic vessel owner must have notice in writing listing and describing the instances of failure to comply with this Code.

1. All aquatic vessels and related equipment must be installed per the manufacturer's printed installation instructions and in compliance with state law.

2. Unobstructed areas of not less than 36 inches wide must be provided to extend entirely around the aquatic vessel. The deck must be designed so as to prevent back drainage into the aquatic vessel. No deck is required for aboveground swimming pools.

3. Aquatic vessels may not be located within any required front yard.

4. Aquatic vessels may only be placed in rear yards

5. Aquatic vessels may not be located within a drainage and utility easement or below any overhead electrical line.

Water discharged from any aquatic vessel may not be discharged into the sanitary sewer system. Water cannot drain onto or across any adjoining property. Erosion control best management practices must be followed when draining into the stormwater system, pursuant to the Erosion Control and Stormwater Management Chapter of the Code.

1. All aquatic vessels must be completely surrounded by a fence or wall not less than four feet in height, which must be constructed so as not to have openings, holes or gaps larger than four inches in vertical or horizontal direction, including doors and gates. A dwelling or accessory building may be used as part of such enclosure.

2. All gates or doors opening through such enclosure must be equipped with a self latching/self-closing device for keeping the gate or door securely closed at all times when not in actual use, and be provided with hardware for locking devices, except that the door of any dwelling which forms a part of the enclosure need not be so equipped. Pool gates must be locked when the pool is not in use.

3. Fences must comply with the Fence Chapter of the Code.

4. Upon completing excavation of an aquatic vessel and in the absence of a permanent barrier or fence, a temporary fence (such as snow fence) may be installed with the approval of the building official. The maximum time allowed for a temporary fence is 30 days.

5. Aquatic vessels which are wholly enclosed within a building or structure are the only exceptions to the requirements set forth in this section.

All mechanical and electrical equipment must be installed meeting the requirements of the manufacturer's printed installation instructions. Separate permits are required for electrical and mechanical installation.

1. The filling of any aquatic vessels from a fire hydrant is prohibited. There may be no crossconnectionsof the City water supply with any other source of water supply for the pool. The line from the City water supply to the pool must be protected against backflow of polluted water by means of either an air gap, vacuum breaker or other adequate device to prevent back siphonage.

2. No aquatic vessels containing sewage, waste or other contaminating or polluting ingredients rendering the water hazardous to health are permitted.

The storage of chemicals must meet the requirements of the Minnesota State Fire Code.

Lights used to illuminate any aquatic vessel must be arranged and shaded so as to reflect light away from adjoining premises.

It is unlawful for any person to make, continue or cause to be made or continued at any aquatic vessel any loud, unnecessary or unusual noise or any noise which annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others. In the operation of an aquatic vessel, the use or permitting the use or operation of any radio, machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing of the person or persons who are in the aquatic vessel premises is prohibited.

The fees for this chapter are set in the Fees Chapter of the Code.

Boulevard Tree: A tree growing within an improved street or alley right-of-way or an easement that has been acquired for an existing improved street or alley. Removal: The cutting of a tree at the trunk to be level with the surrounding ground.

1. No person may operate a tree management service within the City without a valid license from the City, which includes the following requirements:

(a) Business name and address;

(b) Full legal name and address of applicant;

(c) Business phone number;

(d) Number and type of vehicles;

(e) Proof of registry in the Minnesota Department of Agriculture Tree Care Registry; and

(f) Location of brush disposal site.

2. Liability Insurance.

No license or renewal of a license will be granted, nor shall the same be effective, until the applicant has filed with the City Manager or their designee, proof of a general liability insurance policy covering all operations of such applicant under this Chapter for the sum of at least $1 million per occurrence and $2 million annual aggregate and for at least $100,000 against liability for damage or destruction of property. The City must be named and the insurance provided must include the City as an additional party insured. The policy must provide that it may not be cancelled by the insurer except after 10 days written notice to the City, and if such insurance is so cancelled and licensee will fail to replace the same with another policy conforming to the provisions of this Chapter said license will be automatically suspended until such insurance shall have been replaced.

3. Worker's Compensation Insurance.

Each license applicant must file with the City Manager or their designee a Certificate of Insurance evidencing that the applicant carries the statutory amounts of workers' compensation insurance when such insurance is required by State Statute.

4. Chemical Treatment Requirements.

Applicants who propose to use chemical substances in any activity related to treatment or disease control of trees, shrubs or vines must file with the City Manager or their designee proof that the applicant or an employee of the applicant administering such treatment has been certified by the Agronomy Division of the Minnesota Department of Agriculture as a "commercial pesticide applicator". Such certification must include knowledge of tree disease chemical treatment.

5. Fees

The annual license fee is provided in the Fees Chapter of the Code.

The purpose of this section is to protect the public health and safety arising out of the deposit, accumulation, and/or storage of winter snow, deicers, and/or ice on the public streets, sidewalks, bikeways/walkways, and other public or private property and to provide penalties for violations.

Nothing in this Chapter may be construed to prohibit the City of Fridley (City) from conducting snow or ice plowing removal activities.

Base flood: The flood having a one-percent chance of being equaled or exceeded in any given year. “Base flood” is synonymous with the term “regional flood” used in Minnesota Rules, part 6120.5000.

Bulk deicer storage facilities: All temporary and permanent, indoor and outdoor, salt piles, salt bag storage, sand piles and other storage of materials used for deicing and/or traction during winter conditions that are more than two tons in solid form (or 250 gallons in liquid form).

Bulk snow storage: Fallen snow that is trucked, hauled, or moved to a defined location not including incidental accumulations of snow occurring due to routine roadway snow plowing.

Deicer: Any substance used to melt snow and ice or used for its anti-icing effects.

Floodplain: The beds, channel and the areas adjoining a wetland, lake or watercourse, or other source which have been or hereafter may be inundated by the base flood.

Private property: Property owned by a person, firm, voluntary associations or corporations, other than a government body, that is not generally open for use by the public.

Public property: Property that may be used by the public subject to reasonable regulations by a governmental body, including public rights-of-way for streets and highways.

Semi-public property: Private property generally open for use by the public but not owned or maintained by a governmental body. Such property includes without limitation church property, school property, shopping centers and all other property generally used by patrons of a commercial or private business establishment; including private streets and residential areas.

Snow season: The time between the first snowfall after July 1 in a given year until the last snowfall before June 30 in the subsequent year.

1. The City will remove snow and ice from City streets, alleys, walks and trails on public property that it maintains in accordance with its Snow and Ice Control policy.

2. It is unlawful unless specifically approved by the City for any property to place or have placed snow or ice from their property, driveway, or parking area onto or across any public sidewalk, bikeway/walkway, street or highway which results in piles or rows on the paved surface or upon the boulevard or property of another property owner, without prior permission, whether done by themselves or their agent. The Director of Public Works or their designee may give approve for temporary placement of snow from private property onto public property, provided the snow will be removed within 48 hours following its placement on City property.

1. General Requirements

(a) Indoor operations for the bulk storage of deicing materials must be provided wherever possible in order to prevent such materials from dissolving or otherwise transported or affected by rain, snow and melt water.

(b) All salt, sand and other deicing materials stored outdoors must be covered at all times.

(1) When not using a permanent roof, a waterproof impermeable cover must be placed over all storage piles (to protect against precipitation and surface water runoff). The cover must prevent runoff and leachate from being transported from the outdoor storage pile location. The cover must be secured to prevent its removal by wind or other storm events.

(2) Any leaks, tears or damage to roofs or covers should be immediately repaired in a temporary or permanent fashion during winter to reduce the entrance of precipitation. Permanent repairs must be completed prior to the next winter season.

2. Facility Siting

(a) The facility may not be located on or within floodplains, storm drains, manholes, catch basins, wetlands or any other areas likely to absorb runoff.

(b) The facility must be located entirely on an impermeable surface.

(c) The facility must be protected by grading or other appropriate measures to prevent the intrusion of liquids including stormwater runoff.

3. Bulk Snow Storage. Bulk Snow Storage piles must be located downslope from salt and deicer storage areas to prevent the snow melt from flowing through storage areas and carrying material to the nearest drainage system or waterway.

4. Transfer of Materials. Practices must be implemented in order to reduce exposure (e.g., sweeping, diversions, and/or containment) when transferring salt or other deicing material from the facility.

Accumulated deicer and/or material used for traction during winter conditions remaining following snow and/or ice melt must be removed to avoid discharge into the storm sewer system or downstream waterbodies.

1. Every property owner is responsible for ensuring that during the winter snow and ice season that residual snow or ice from the driveway and/or parking area is not placed onto the sidewalk, bikeway/walkway, street or another property without the property owner’s permission during the snow or ice removal activities.

2. Property owners must eliminate any hazardous snow or ice condition by clearing residual snow and ice from walks or trails on adjacent Public Property that are plowed by the City in accordance with its Snow and Ice Control Policy. Such clearing of snow and ice by property owners will occur within 48 hours of cessation of any snowfall and any subsequent snow and ice removal activities performed by or on behalf of the City.

3. The property owner is responsible for any violation of this Chapter whether the violation is the result of their action or that of an agent of the property owner.

1. Violation of this Chapter is a public nuisance as defined by the Public Nuisance Chapter of the Code, and is subject to all penalties and remedies. In addtion, violations of this Chapter are is subject to all penalties and remedies pursuant to Minnesota Statutes Chapter 429.

2. Upon the first violation of this section each Snow Season, the property owner will be issued a warning notice, subsequent violations may result in a civil penalty.

3. The Snow Removal Penalty is outlined in the Fees Chapter of the Code.

The purpose of this Chapter is to control or eliminate stormwater pollution along with soil erosion and sedimentation within the City of Fridley (City) as required by federal and state law. This Chapter establishes standards and specifications for conservation practices and planning activities, which minimize stormwater pollution, soil erosion and sedimentation.

1. Severability. If any section, clause, provision, or portion of this Chapter is judged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Chapter will not be affected.

2. Abrogation and Greater Restrictions. It is not intended by this Chapter to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Chapter imposes greater restrictions, the provisions of this Chapter will prevail. All other Chapters inconsistent with this Chapter are hereby repealed to the extent of the inconsistency only.

3. Minimum Standards. The standards set forth herein and promulgated pursuant to this Chapter are minimum standards. This Chapter does not intend or imply that compliance by any personwill ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants.

4. Responsibility. The City will administer, implement, and enforce the provisions of this Chapter. Any powers granted or duties imposed on the City may be delegated in writing by the City Manager to persons or entities acting in the beneficial interest of, or in the employ of the City.

All land alteration or drainage alteration must meet the requirements of this Chapter and the City’s Public Works General Specifications and Standards.

Applicant: Any person, firm, sole proprietorship, partnership, corporation, company, state agency or political subdivision that applies for a permit from the City proposing or performing a land alteration or drainage alteration. Applicant also means agents, employees, contractors and others acting under the applicant’s direction. Applicant also refers to the permit holder and their agents, employees and others acting under the permit holder’s direction.

Best Management Practices (BMPs): Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing and minimizing the degradation of surface water, including construction-phasing, minimizing the length of time soil areas are exposed, prohibitions and other management practices published by state or designated area-wide planning agencies.

Drainage alteration: An increase in stormwater flows or a change in existing flow route at a property boundary by changing land contours, diverting or obstructing surface or channel flow, or creating a basin outlet.

Erosion: Any process that wears away the surface of the land by the action of water, wind, ice or gravity. Erosion can be accelerated by the activities of people and nature.

Erosion control: Refers to methods employed to prevent erosion. Examples include soil stabilization practices, horizontal slope grading, temporary or permanent cover and construction phasing.

Fully reconstructed: Areas where impervious surfaces have been removed down to the underlying soils. Activities such as structure renovation, mill and overlay projects, and other pavement rehabilitation projects that do not expose the underlying soils beneath the structure, pavement, or activity are not considered fully reconstructed. Maintenance activities such as catch basin repair/replacement, utility repair/replacement, pipe repair/replacement, lighting, and pedestrian ramp improvements are not considered fully reconstructed.

General permit: A permit issued under Minnesota Rules 7001.0210 to a category of owners/operators whose operations, emissions, activities, discharges, or facilities are the same or substantially similar.

Hazardous substances: Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

Illicit connection:

1. Any drain or conveyance, whether on the surface or subsurface, that allows an illicit discharge to enter the storm drainage system including but not limited to sewage, processed wastewater, wash water and any connections to the storm drainage system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or 2. Any drain or conveyance connected from a commercial or industrial land use to the storm drainage system that has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.

Illicit discharge: Any direct or indirect non-stormwater discharge to the storm drainage system, except as exempted by this Chapter.

Impervious surface: A constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than existed prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads. Industrial activity: Activities subject to NPDES Industrial Stormwater Permits as defined in 40 CFR, Section 122.26 (b)(14) titled Storm water discharge associated with industrial activity.

Land disturbance activity: Any land change that may result in soil erosion from water or wind and the movement of sediments into or upon waters or lands within the City, including construction, clearing and grubbing, grading, excavating, transporting, and filling of land. Also referred to as “land alteration.”

Linear project: Construction of new or fully reconstructed roads, trails, sidewalks, or rail lines that are not part of a common plan of development or sale. For example, roads being constructed concurrently with a new residential development are not considered linear projects because they are part of a common plan of development or sale.

Municipal separate storm sewer system (MS4): The system of conveyances, including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains owned and operated by the City and designed or used for collecting or conveying stormwater that is not used for collecting or conveying sewage.

National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit: A permit issued by the Minnesota Pollution Control Agency (MPCA) that authorizes the discharge of pollutants to Waters of the State, whether the permit is applicable on an individual, group, or general area-wide basis.

Non-stormwater discharge: Any discharge to the storm drainage system that is not composed entirely of stormwater.

Permit: Written permission granted by the City for construction, subdivision approval, or land disturbing activities.

Sediment: The product of an erosion process, including solid materials, both mineral and organic, that are in suspension, are being transported, or have been moved by water, wind, or ice, and have come to rest on the earth's surface either above or below water level. Sediment control: The methods employed to prevent sediment from leaving the development site. Examples of sediment control practices are silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drains, pipe slope drains, storm drain inlet protection and temporary or permanent sedimentation basins.

Stormwater (or storm water): Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation.

Stormwater management plan: A document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, or receiving waters to the maximum extent practicable.

Wastewater: Any water or other liquid, other than uncontaminated stormwater, discharged from a premises.

Watercourse: A ditch, stream, creek, or other defined channel intended for the conveyance of water runoff, groundwater discharge, or similar hydraulic or hydrologic purpose.

Waters of the State: All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof as currently defined in Minnesota Statutes (M.S.) §115.01, Subdivision 22.

The following are adopted by reference:

1. The Minnesota Wetland Conservation Act, M.S. §§ 103G.221 - 103G.2372, and its implementing rules, Minnesota Rules 8420.

2. The City’s “Public Works General Specifications and Standards” (most current version to govern).

1. A permit is required for any land alteration within the City that results in:

(a) The creation of 5,000 square feet or more of land disturbance or new or fully reconstructed impervious surface.

(b) The creation of 1,000 square feet or more of land disturbance or movement of 10 cubic yards or more of material within the water quality impact zone as described in the Critical Area Overlay District Chapter of the Code.

(c) The movement of 10 cubic yards or more of material on steep slopes or within the bluff impact zone or shore impact zone as described in the Shoreland Overlay District Chapter of the Code.

(d) The movement of 50 cubic yards or more of material not on steep slopes or within the bluff impact zone or shore impact zone as described in the Shoreland Overlay District Chapter of the Code.

(e) Temporary soil stockpiles of 50 cubic yards or more.

(f) Impacts to wetlands.

(g) Construction of retaining walls that in combination are four feet tall or higher.

(h) Drainage alterations resulting in an increased rate of flow onto adjacent properties.

2. Calculations of areas of land disturbance or movement of material to determine if a permit is required will be based on cumulative project impacts.

3. No land alteration or drainage alteration within the thresholds established in 505.06.01 may occur until a permit is issued by the City.

4. Applications for permits required under this Chapter must submit the following information unless the City Engineer or their designee determines that the information is not needed to determine compliance with this Chapter:

(a) The name and address of the applicant and the location of the activity.

(b) A description of the project including the nature and purpose of the land alteration activity and the amount of grading, utilities, new and reconstructed impervious surface and building construction involved.

(c) A map of the existing site conditions including existing topography, property information, steep and very steep slopes, existing drainage systems/patterns, type of soils, waterways, wetlands, vegetative cover, designation of the site’s areas that have the potential for serious erosion problems, and floodplain boundaries.

(d) A site construction plan that includes the location of the proposed land alteration activities and phasing of construction.

(e) An erosion and sediment control plan meeting the requirements of the City’s Public Works General Specifications and Standards.

(f) A permanent stormwater management plan meeting the requirements of the City’s Public Works General Specifications and Standards.

(g) A wetland management plan meeting the requirements of the City’s Public Works General Specifications and Standards if proposing impacts to wetlands.

(h) Copies of any necessary easements or other property interests concerning the flow of water if drainage is directed off-site.

(i) Copies of any inspection schedules as required by the Minnesota Pollution Control Agency’s (MPCA) NPDES/SDS Construction Stormwater General Permit and meeting the City’s Public Works General Specifications and Standards.

(j) Copies of any necessary easements for maintenance and access meeting the City’s Public Works General Specifications and Standards.

(k) A signed stormwater maintenance agreement meeting the requirements of Section 505.12.

(l) Proof of any necessary permits from other agencies including watershed districts, Minnesota Department of Transportation, Anoka County, or other jurisdictional agencies.

(m) For sites with proposed disturbance greater than one acre, any other items necessary to determine compliance with the MPCA’s NPDES/SDS Construction Stormwater General Permit MNR100001.

1. Runoff must not be discharged directly into wetlands except as allowed within the City's Public Works General Specifications and Standards.

2. Wetlands must not be drained, filled, excavated, or otherwise altered except in conformance with the provisions of M.S. §§ 103G.221-103G.2372, Minnesota Rules 8420 and Section 404 of the Federal Clean Water Act.

1. All newly constructed and reconstructed buildings must route roof drain leaders to pervious areas (not natural wetlands) where the runoff can infiltrate whenever practical. The discharge rate must be controlled so that no erosion occurs in the pervious areas. 2. Drainage may not be altered to be directed onto adjacent property in so far as practical except as allowed with a City permit.

1. Prohibition of illicit discharges. No person may throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the MS4 any pollutants or waters containing any pollutants, other than stormwater. The commencement or continuance of any illicit discharge to the storm drainage system is prohibited except as described below:

(a) Discharges from the following sources are exempt from discharge prohibitions established by this Chapter: flows from riparian habitats and wetlands, diverted stream flows, rising groundwater, springs, uncontaminated groundwater infiltration, uncontaminated pumped groundwater, uncontaminated water from foundation or footing drains, crawl space pumps, air conditioning condensate, irrigation water, lawn watering discharge, individual residential car washing, water hydrant flushing or other water treatment or distribution system, discharges from potable water sources, and street wash water.

(b) Discharge of swimming pools, crawl spaces, sump pumps, footing drains, and other sources that may contain sediment or other forms of pollutants may not be discharged directly to a gutter or storm sewer. This discharge must flow over a vegetated area to allow filtering of pollutants, evaporation of chemicals, and infiltration of water consistent with the stormwater requirements of the City.

(c) Discharges or flow from firefighting and other discharges specified in writing by the City as being necessary to protect public health and safety.

(d) Discharges associated with dye testing. This activity requires a verbal notification to the City prior to the start of any testing.

(e) Discharges associated with the necessary use of snow and ice control materials on paved surfaces.

(f) Any non-stormwater discharge permitted under a NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of Minnesota Pollution Control Agency (MPCA), provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drainage system.

2. Prohibition of illicit connections.

(a) The construction, use, maintenance, or continued existence of illicit connections to the storm drainage system is prohibited.

(b) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

(c) A person is considered to be in violation of this Chapter if the person connects a line conveying sewage to the MS4 or allows such a connection to continue.

(d) Connections in violation of this Chapter must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system upon approval of the City.

(e) Any drain or conveyance that has not been documented in plans, maps or similar documents, and which may be connected to the storm sewer system, must be located by the owner or occupant of that property at the owner's or occupant's sole expense upon receipt of written notice of violation from the City requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be determined, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. The results of these investigations must be documented and provided to the City.

3. Notification of Spills

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drain system, or waters, said person must take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials, said person must immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person must notify the City no later than the next business day. Notifications must be confirmed by written notice addressed and mailed to the City within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment must also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records must be retained for at least three years.

4. Management Practices

(a) The City will adopt requirements identifying BMPs for any activity, operation, or premises which may cause or contribute to pollution or contamination of stormwater, the storm drainage system, or waters of the State. The owner or operator of such activity, operation, or premises must provide, at their owner's or operator's sole expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drainage system or watercourses through the use of structural and nonstructural BMPs.

(b) Any person responsible for a property or premises that is, or may be, the source of an illicit discharge, may be required to implement, at said person's sole expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, must be deemed proof of compliance with the provisions of this Section. These BMPs will be part of a Stormwater Management Plan (SWMP) as necessary for compliance with requirements of the NPDES permit.

Every person who owns property through which a watercourse passes, or such person's lessee, must keep and maintain that part of the watercourse within the property free of trash, debris, yard waste, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee must maintain existing privately owned structures at the owner's or lessee's sole expense within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.

1. All erosion and sediment control measures and permanent stormwater BMPs must be inspected by the applicant to ensure integrity and effectiveness as outlined in the City’s Public Works General Specifications and Standards and any approved Maintenance Agreements.

2. The City and its authorized representatives must be allowed to:

(a) Enter upon a site for the purpose of obtaining information, examination of records, conducting investigations, or performing inspections or surveys as often as may be necessary to determine compliance with the Chapter.

(b) Where feasible, the City will give 24-hours advance notice. In cases of emergency or ongoing discharge, the City must be given immediate access.

(c) Unreasonable delay in allowing the City access to the premises is a violation of this Chapter.

(d) The City may seek issuance of an administrative search warrant from any court of competent jurisdiction if it has been refused access to any part of the premises from which storm water is discharged, and

(1) Is able to demonstrate probable cause to believe that there may be a violation of this Chapter;

(2) That there is a need to inspect or sample as part of a routine inspection and such sampling program is designed to verify compliance with this Chapter or any order issued pursuant to it; and

(3) To protect the overall public health, safety and welfare of the City.

(e) Bring equipment on the site as is necessary to conduct any surveys and investigations or require the property owner/discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment must be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality must be calibrated to ensure their accuracy.

(f) Examine and copy any books, papers, records, or memoranda pertaining to activities or records required to be kept under the City’s Public Works General Specifications and Standards.

(g) Inspect the erosion and sediment controls and permanent stormwater BMPs.

(h) Remove any temporary or permanent obstruction to the safe and easy access of an inspection.

(i) Correct deficiencies in stormwater and sediment and erosion control measures

3. The cost of providing access to inspectors and correcting deficiencies must be paid as outlined in Sections 505.13 and 505.15.

1. All erosion and sediment control measures and permanent stormwater BMPs must be inspected by the applicant to ensure integrity and effectiveness as outlined in the City’s Public Works General Specifications and Standards and any approved Maintenance Agreements.

2. The City and its authorized representatives must be allowed to:

(a) Enter upon a site for the purpose of obtaining information, examination of records, conducting investigations, or performing inspections or surveys as often as may be necessary to determine compliance with the Chapter.

(b) Where feasible, the City will give 24-hours advance notice. In cases of emergency or ongoing discharge, the City must be given immediate access.

(c) Unreasonable delay in allowing the City access to the premises is a violation of this Chapter.

(d) The City may seek issuance of an administrative search warrant from any court of competent jurisdiction if it has been refused access to any part of the premises from which storm water is discharged, and

(1) Is able to demonstrate probable cause to believe that there may be a violation of this Chapter;

(2) That there is a need to inspect or sample as part of a routine inspection and such sampling program is designed to verify compliance with this Chapter or any order issued pursuant to it; and

(3) To protect the overall public health, safety and welfare of the City.

(e) Bring equipment on the site as is necessary to conduct any surveys and investigations or require the property owner/discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment must be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality must be calibrated to ensure their accuracy.

(f) Examine and copy any books, papers, records, or memoranda pertaining to activities or records required to be kept under the City’s Public Works General Specifications and Standards.

(g) Inspect the erosion and sediment controls and permanent stormwater BMPs.

(h) Remove any temporary or permanent obstruction to the safe and easy access of an inspection.

(i) Correct deficiencies in stormwater and sediment and erosion control measures

3. The cost of providing access to inspectors and correcting deficiencies must be paid as outlined in Sections 505.13 and 505.15.

1. The applicant must provide a financial security for the performance of the work in conjunction with a permit in the amount outlined in the Fees Chapter of the Code.

2. This security must be available prior to commencing the project. The form of the security must be:

(a) By a cash security deposited to the City for 30% of the total financial security when less than five acres of soil will be simultaneously exposed. When over five acres of soil will be simultaneously exposed to erosion, the cash security increases to the first $5,000 or 10% of the total financial security, whichever is greater.

(b) The remainder of the financial security must be placed either with the City, a responsible escrow agent, or trust company, at the option of the City. Such security must contain money, an irrevocable letter of credit, negotiable bonds of the kind approved for securing deposits of public money or other instruments of credit from one or more financial institutions, subject to regulation by the state and federal government wherein said financial institution pledges that the funds are on deposit and guaranteed for payment. This security must declare the City free and harmless from all suits or claims for damages resulting from the negligent grading, removal, placement, or storage of rock, sand, gravel, soil, or other like material within the City. The type of security must be of a type acceptable to the City.

3. The City may request greater financial security from an applicant if the City determines that the development site is especially prone to erosion or the resource to be protected is especially valuable. If more soil is simultaneously exposed to erosion than originally planned, the amount of security must increase in relation to this additional exposure.

4. If at any time during the work the deposited security amount falls below 50% of the required deposit, the Applicant must make another deposit in the amount necessary to restore the deposit to the required amount within five days. If a deposit is not made, the City may:

(a) Withhold the scheduling of inspections or the issuance of a Certificate of Occupancy.

(b) Revoke any permit issued by the City to the applicant for the site in question and any other of the Applicant’s sites within the City’s jurisdiction.

(c) When more than one-third of the applicant’s maximum exposed soil area achieves final stabilization, the City may reduce the total required amount of the financial security by onethird, if recommended in writing by the City Engineer. When more than two-thirds of the applicant’s maximum exposed soil area achieves final stabilization, the City may reduce the total required amount of the financial security by two-thirds of the initial amount, if recommended in writing by the City Engineer.

(d) Any unspent amount of the financial security deposited with the City for faithful performance of the permit and permit related remedial work must be released not more than one full year after the completion of the installation of all such measures and the establishment of final stabilization.

1. In the following instances, the City may take enforcement actions against the applicant or property owner:

(a) The applicant or property owner ceases land disturbing activities and abandons the work site prior to completion of the permit requirements.

(b) The applicant or property owner fails to conform to this Chapter, the approved permit, City’s Public Works General Specifications and Standards, the approved erosion and sediment control plan, the permanent stormwater management plan, or related supplementary instructions.

(c) The Responsible Party does not follow the approved Maintenance Agreement.

2. When an applicant, property owner, or Responsible Party fails to conform to any provision of this Chapter, the City’s Public Works General Specifications and Standards, an approved permit, or an approved Maintenance Agreement within the time stipulated by the City, the City may take the following actions:

(a) Issue a stop work order, withhold the scheduling of inspections or the issuance of a Certificate of Occupancy.

(b) Suspend or revoke any permit issued by the City to the applicant for the site in question or any other of the applicant’s sites within the City’s jurisdiction.

(c) Perform corrective work to address the violation either utilizing City staff or by a separate contract.

3. Additionally, the City may undertake the following enforcement actions against the property owner for violations related to Section 505.09, Illicit Discharge:

(a) Written warnings. When the City finds that a person has violated a prohibition or failed to meet a requirement of this Chapter and the violation or failure to meet a requirement has no ongoing adverse impact to the MS4 or Waters of the State, City staff may issue a written warning to the violator, provided that it is the person’s first violation or failure to meet a requirement, to obtain voluntary compliance with this Chapter.

(b) Notice of violation. Whenever the City finds that a person has violated a prohibition or failed to meet a requirement of this Chapter, the City may order compliance by written notice of violation to the person. Such notice may require without limitation:

(1) The performance of monitoring, analysis, and reporting;

(2) The elimination of illicit connections or discharges;

(3) That violating discharges, practices, or operations must cease and desist;

(4) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

(5) The implementation of source control or treatment BMPs. If abatement of a violation or restoration of affected property is required, the notice will set forth a deadline within which such remediation or restoration must be completed. Said notice must advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense will be charged to the violator as outlined in Section 505.15;

(c) Suspension due to illicit discharge. The City may suspend MS4 discharge access under the following circumstances:

(1) Suspension due to illicit discharge in emergency situations. The City may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge that presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or Waters of the State. If the violator fails to comply with a suspension order issued in an emergency, the City may take such steps as it deems necessary to prevent or minimize damage to the MS4 or Waters of the State.

(2) Suspension due to detection of illicit discharge. Any person discharging to the MS4 in violation of this chapter may have its MS4 access suspended if such suspension would abate or reduce an illicit discharge. The City will notify the violator of the proposed suspension of its MS4 access. The person may petition the City for reconsideration and hearing. A person commits an offense if the violator reinstates MS4 access to premises suspended pursuant to this Chapter, without the prior approval of the City.

4. The City will begin corrective work under the following schedule:

(a) For failures of erosion and sediment control devices, illicit discharges, and illicit connections:

(1) Except during an emergency action, 48 hours after notification by the City or 72 hours after the failure of erosion and sediment control measures, whichever is less, or the date listed within the notice of violation, the City at its discretion may begin corrective work.

(2) Notification of the need to perform corrective work should be in writing, but if it is verbal, a written notification should follow as quickly as practical. If after making a good faith effort to notify the responsible party or parties the City has been unable to establish contact, the City may proceed with the corrective work.

(b) For failures of permanent stormwater BMPs or failures to comply with an approved maintenance plan, the City will provide the applicant, property owner, or the Responsible Party notice in writing that it intends to correct a violation of the design standards or maintenance plan by performing all necessary work to place the stormwater BMP in proper working condition. The notified party will have 30 days to perform the required maintenance and repair of the BMP in an approved manner. After 30 days, the City may proceed with the corrective work.

(c) If circumstances exist such that noncompliance with this Chapter poses an immediate danger to the public health, safety, and welfare as determined by the City Engineer or theirdesignee, the City may take emergency preventative action. During such a condition the City may take immediate action prior to notifying the applicant and notify the applicant as soon possible after work commences. Any cost to the City may be recovered from the applicant or property owner.

5. Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance as outlined in the Public Nuisances Chapter of the Code.

6. Remedies not exclusive The remedies listed in this chapter are not exclusive of any other remedies, including but not limited to civil action to enjoin or otherwise compel the cessation of any violation of this Chapter, available under any applicable federal, state or local law, and it is within the discretion of the City to seek cumulative remedies. The City may recover all attorneys’ fees, court costs and other expenses associated with enforcement of this Chapter, including sampling and monitoring expenses.

1. All costs incurred by the City during inspection and enforcement actions including but not limited to site access, staff time, contractor fees, and attorney’s fees, must be reimbursed to the City. If payment is not made within 30 days after costs are incurred by the City, payment will be made from the applicant’s financial securities.

2. If there is an insufficient financial amount in the financial securities to cover the costs incurred by the City, or if no financial security was provided, then the City may assess the remaining amount against the property. As a condition of the permit for land disturbance activities, the owner will waive notice of any assessment hearing to be conducted by the City, concurs that the benefit to the property exceeds the amount of the proposed assessment, and waives all rights by virtue of M.S. §429.081 to challenge the amount or validity of the assessment.

The fees for this chapter are set in the Fees Chapter of the Code.

The purpose of this Chapter is to provide a comprehensive and constitutionally-sound sign ordinance providing for the regulations in the City of Fridley (City). Regulation of signs is necessary to prevent traffic hazards and property damage. The purpose of this Chapter is to:

1. Regulate the number, location, size, type, illumination, and other physical characteristics of signs within the City in order to promote the public health, safety, and welfare; 2. Maintain, enhance, and improve the aesthetic environment of the City by preventing visual clutter that is harmful to the appearance of the community; 3. Improve the visual appearance of the City while providing for effective means of communication consistent with constitutional guarantees and the City’s goals of public safety and aesthetics; and 4. Provide for the fair and consistent enforcement of this Chapter.

It is not the purpose or intent of this Chapter to regulate the message displayed on any sign, to regulate any building design or any display not defined as a sign, or to regulate any sign which cannot be viewed from outside a building.

Abandoned Sign: A sign which:

1. Continues to be displayed after expiration of a Sign Permit; 2. Remains after the demolition of a principal structure located on the property where the sign is located.

Any sign meeting this definition will be considered abandoned even if the Sign is legally nonconforming or authorized pursuant to a Special Conditional Use Permit or variance. Address Sign: A sign consisting of numbers or numbers and a street name identifying the address of a building or property. Alteration: Any major change to a sign structure, a sign face, or a sign area. Alteration does not include changes to the sign’s message if the message solely is changed without altering the sign face, sign structure, or the surface of the sign. Area Gateway Sign: A permanent, free-standing sign located near a principal entrance of a residential or commercial property or group of properties sharing a common identity (e.g., plat, neighborhood, development, etc.). Banner: A type of Temporary Sign comprised of any fabric, vinyl, or similar lightweight or non-rigid material, attached on all edges or corners to prevent movement of the material. Banner will include flags with a dimensional ratio exceeding 1.9 as established in this Chapter. Bench Sign: A sign which is attached to the front and rear surfaces of the backrest of a bench. Billboard: A permanent, free-standing sign with a standard sign area of 14 feet by 48 feet. Changeable Message: A message on a sign with characters, letters, pictures, panels, or illustrations that can be changed, rearranged, or replaced electronically or manually without altering the sign face or the sign structure. Commercial Speech: Speech advertising a business, profession, commodity, service, or entertainment. Directional Sign: A permanent, freestanding sign located no closer than 10 feet to a property line or driveway and situated to be readily visible to vehicles and pedestrians accessing a property. Electronic Changeable Message: Programmable electronic message board, or programmable illuminated sign. Flag: Any fabric or similar lightweight material attached at one edge or no more than two corners of the material, usually to a staff or pole, to allow movement of the material, and which has dimensions in a 1.9 ratio or other ratio as prescribed by Executive Order 10834, “The Flag of the United States.” Flashing Sign: A directly or indirectly Illuminated sign with changing light or color effects, or that provides the illusion of intermittent flashing light, zooming, twinkling, or sparkling by means of animation. Free-Standing Sign: A sign which is located on the ground and not attached to any part of a building or structure. Incidental Sign: A small sign with a purpose secondary and accessory to the uses on the property on which it is located. No sign with a message legible off the premises will be considered incidental. Institution: A public or private institution including but not limited to places of worship, schools, hospitals, and medical clinics. Institutional Sign: A sign on the premise of an institution. Interstate 694 Corridor: Any real property immediately adjacent to and within 275 feet of the centerline of Interstate 694 right-of-way. Interstate 694 Primary Sign: A permanent, free-standing sign located within the Interstate 694 Corridor, intended to be visible from Interstate 694, and constructed or erected pursuant to Minnesota Statutes (M.S.). Interstate 694 Secondary Sign: A permanent, free-standing sign located on real property within the Interstate 694 Corridor, intended to be visible from public right-of-way intersecting Interstate 694, and constructed or erected pursuant to M.S. Multiple Use Non-Residential Building: A building designed for multiple occupancy of non-residential tenants. Motion Sign: A sign which revolves, rotates, has moving parts, or gives the illusion of motion. A motion sign does not include walking signs, changeable signs or flashing signs if the sole motion is changing lights or illuminance. A Motion Sign also does not include a Flag as defined and regulated by this chapter. Mural: An image painted or applied to the exterior of a building wall or other permanent structure, and for which no more than five percent of the total area covered by the mural, or 100 square feet (whichever is less), consists of text. Nonconforming Sign: A sign lawfully erected prior to the effective date of this Chapter and which fails to conform to the requirements of this Chapter. Noncommercial Speech: Speech not classified as commercial speech which includes, but is not limited to, messages concerning political, religious, social, ideological, public service, and informational topics. Obsolete Sign Copy: Sign copy that no longer advertises or correctly identifies a use conducted on the property where the sign is located. Permanent Sign: A sign comprised of durable materials and designed to be displayed for an indefinite period of time which is not easily removed or relocated. Sign: Any letter, word, symbol, poster, picture, reading matter, advertisement, announcement, message, or visual communication, whether painted, posted, printed, affixed, or constructed, which is displayed for informational or communicative purposes, including its sign structure. The term sign does not include architectural features or art not intended to communicate information, nor murals, nor flags. Sign Area: The area of a sign, including the border and the surface that bears the message, but excluding the sign structure containing no message. The area of a sign with more than one visible face is calculated by the sum of the area of each sign face divided by two. For signs without a frame, the square footage is calculated as the area within a plane figure or figures bounded by straight lines connecting at right angles connecting the outermost points of the sign, as illustrated in Figure 1.

Figure 1

Sign Face: The surface of a sign upon which the message of the sign is exhibited. Sign Structure: A structure including the supports, uprights, bracing, and framework which supports or is capable of supporting a sign. Special Conditional Use Permit: A Special Use Permit or Conditional Use Permit as defined in the zoning chapters of the Fridley City Code (Code). Static Display Area Signage: A durable, non-moving sign or grouping of signs constructed of plywood, rigid plastic, or similar durable weatherproof materials. Temporary Sign: A sign designed to be erected or displayed for a limited period of time, including but not limited to: banners, pennants, beacons, sandwich or curb signs, walking signs, yard signs and balloons or other air or gas filled structures. Vision Safety Zone: A triangular area of unobstructed vision that is located at the intersection of two streets; a street and an alley; or a street and a driveway. The area is measured by placing two points of the triangle 40 feet from a street corner, 20 feet from the alley intersection and 10 feet from the driveway intersection. The third side of the triangle is a straight line between the two aforementioned points (see Figure 2).

Figure 2

Wall Sign: A sign which is attached to the wall of a building or structure. Walking Sign: A sign held by or attached to a person or animal who stands or walks on the premises of a business or event location. A person or animal dressed in costume, seeking to draw attention to an individual, business, commodity, service, activity, or product is considered a walking sign. Window Sign: A sign attached to the inside of a window for the purpose of viewing from outside the building. A window sign does not include merchandise located in a window.

1. No sign may be erected, constructed, posted, or utilized in the City unless the sign is in compliance with this Chapter and all other provisions of the City Code.

2. No free-standing sign may be placed closer than 10 feet to any property line or driveway, except free-standing temporary signs may be placed on sidewalks in front of businesses or locations otherwise open to the public when the business or location is open. The sign must be placed immediately in front of the entrance and must not violate the Americans with Disabilities Act or otherwise prohibit or impede pedestrian or vehicular traffic. 3. Freestanding signs located within a Vision Safety Zone must have a minimum height of 10 feet from the bottom of the sign to the finished ground grade (see Figure 3).

Figure 3

4. No sign may create a glare that impacts adjacent properties, drivers, or pedestrians.

5. Sign Maintenance

(a) Sign structures and surfaces of all signs must be maintained in a safe and presentable condition at all times, including the replacement of defective parts, painting, repainting, cleaning, and other acts required to prevent the sign and sign structure from becoming unsafe or hazardous. (b) When any permanent sign erected pursuant to a sign permit is removed, the City must be notified, and the entire sign must be removed.

6. Nonconforming Signs. Nonconforming signs will be treated like other nonconforming uses and structures as for provided in the Zoning Title of the Code or M.S. Use of any nonconforming sign may not be continued after the sign is abandoned. 7. No sign may cause a public nuisance. If the City determines a sign is a public nuisance, the City may proceed in accordance with the Violations section of this Chapter and may bill the costs of enforcement to the property owner. The following are deemed to be public nuisances:

(a) Electronic signs which are non-working, have burnt out bulbs, incoherent messages, or are malfunctioning. (b) Signs which have an incoherent message or missing characters.

(c) Signs that due to defective parts or lack of maintenance are deemed unsafe or hazardous. (d) Signs that are dilapidated or damaged. (e) Abandoned signs. (f) Obsolete sign copy that has not been covered or removed within 30 days after written notification from the City. (g) Signs in violation of this Chapter, include but are not limited to, those posted without a sign permit, signs in excess of number limitations, signs exceeding size limitations, signs in violation of setback and location requirements, signs impeding pedestrian or vehicular traffic, signs with changeable messages changing more quickly than allowed, electronic signs exceeding luminance levels, and signs that otherwise are a menace to the general health, safety, and welfare of the public.

1. Address Signs: Each dwelling, business, or building must have a minimum of one address sign that is a minimum size as prescribed in the Building Code. The sign must be illuminated or reflective and visible from the public right-of-way. Where building access is by means of a private road and the building address cannot be viewed from the public right of way, a monument, pole, or other sign must be used to identify the structure. A sign permit is not required for address signs. 2. Bench Signs: Bench signs may be displayed in all districts but may only be placed on benches at transit stops and may not be any larger than or extend beyond any portion of the bench. A bench sign may only be placed on a bench not larger than 42 inches high or more than 30 inches wide or seven feet long overall. No sign permit is required for bench signs. 3. Noncommercial Flags: Non-commercial flags may be displayed in all districts in accordance with state and federal law. Any non-commercial flag may be displayed in lieu of the United States or State of Minnesota flag. No sign permit is required for noncommercial flags. 4. Permanent Free-Standing Sign: Permanent free-standing signs may be displayed in all Districts, subject to all requirements of the District, including permit requirements. 5. Wall Signs: Wall signs may be displayed in all districts but must comply with size and number requirements of the district, including permit requirements. 6. Noncommercial Signs: During a state general election year, there is no permit required or restrictions on size or number of noncommercial signs beginning 46 days before the state primary election until 10 days following the state general election, pursuant to Minnesota Statute Section 211B.045. Such signs are subject to all other restrictions for their sign type and district, including all setback requirements. In the R-1, R-2, R-3, R-4, & R-H districts, noncommercial signs are also allowed as window signs, subject to a maximum sign area of 40 percent of the window area where the sign is placed. 7. Temporary Signs: All other temporary signs may be displayed in all districts, subject to the requirements of the district including permit requirements. 8. Window Signs: Window signs may be displayed in all districts without a permit but must comply with all size and number requirements of the district. 9. Signs may be erected within a public right-of-way in any district provided that such sign is approved by the appropriate governmental agency with authority over the right of way. 10. Incidental Signs: Incidental signs may be displayed without a permit in all districts, subject to all requirements of the district. 11. Signs on Hospital Property: Notwithstanding any provisions to the contrary, due to the necessity of quickly and efficiently finding treatment, the City Council finds that hospital identification and emergency signs on hospital property may be larger than other permanent free-standing signs or wall signs. Consistent with this, signs on a hospital property, including both free-standing and wall signs, may have a maximum sign area of 100 square feet in all districts. A sign permit is required.

1. Signs erected or displayed on any public right-of-way or public property, as defined in the Definitions section of the zoning chapters of the Code, except official or temporary traffic control signs, signals, or devices, unless otherwise permitted by this Chapter or other applicable law. Any sign posted in violation of this Section is deemed abandoned property and the City may seize the sign and immediately destroy it. A violation of this Section is a misdemeanor. The City may file a citation against the individual who placed the sign and may seek the costs of removal. 2. Signs depicting, representing, or constituting obscene material, pursuant to M.S. or other applicable law. 3. Signs which by reason of size, location, movement, content, coloring, or manner of illumination may be confused with the lights of an emergency or road equipment vehicle, a traffic sign, signal, or device, or which hides from view any traffic sign, signal, or device. 4. Motion signs. 5. Flashing signs. 6. Signs obstructing a Vision Safety Zone. 7. Roof signs. 8. Abandoned signs. 9. Signs with obsolete sign copy.

1. The following signs may not be erected, altered, reconstructed, or moved in the City without first securing a sign permit from the City. A sign permit is not required to change the display surface or message on a previously approved and erected sign:

(a) Permanent, free-standing signs, including but not limited to area gateway signs, billboards, institutional signs, and Interstate 694 Corridor signs. (b) Wall signs. (c) Temporary signs not located in an R-1, R-2, or R-H District. (d) Static display area signs.

2. For signs requiring a sign permit, the content of the message or speech displayed on the sign will not be reviewed or considered in determining whether to approve or deny a sign permit. Applications for a sign permit must be made in writing on a form approved by the City and addressed to the City Manager or their designee. Applications must contain the information necessary to approve the permit request. 3. The City or their designee may approve or deny a temporary sign permit within five business days of receiving a complete application. If the City denies the sign permit, the City must provide written reasons for the denial at the time the City denies the sign permit. 4. A temporary sign permit is valid for the time period stated on the approved permit. A temporary sign permit will not exceed 30 days. There must be 30 days between repeated temporary sign permits for the same location. 5. Failure to comply with this Section is a misdemeanor.

(a) If a temporary sign is posted in violation of the permit requirements, the City may issue a citation to the sign owner, remove the sign, and invoice the property owner for the cost of the sign permit and any penalties as provided in the Fees Chapter of the Code.

(b) If a permanent sign is posted in violation of the permit requirements, the City may issue a citation to the property owner, and seek abatement in accordance with the Violations section of this Chapter, including, but not limited to, removal of the sign, and payment of the sign permit, any penalties as provided by the Fees Chapter of the Code, and any enforcement costs.

6. A sign permit for a permanent sign will expire if the work has not been substantially initiated within 180 days or substantially completed within one year of the date of the permit’s issuance. 7. Any sign permit may be revoked by the City on failure of the holder to comply with any provision of this Chapter, the City Code, or with the terms of the permit. A permit holder may appeal a decision to revoke a permit pursuant to the process set forth in the Appeals section of this Chapter. The revocation will be stayed pending a decision on an appeal.

The following table represents the allowable signage and area requirements of a single sign (in square feet) by zoning district. “No” indicates the sign type is not allowed in the district. A Sign Permit is required unless otherwise specified in this Chapter:

1. Area Gateway Signs are allowed under the following parameters:

(a) Maximum of one area gateway sign per development. The development must include at least six parcels or two acres of land, whichever is less, and all properties that comprise the area must consent to the placement of the area gateway sign. (b) The land on which the sign is located must be dedicated for use by easement, plat or other legal and recordable instrument unless such sign would otherwise be permitted. (c) A maintenance agreement must be recorded which, among other things, provides for the long-term responsibility, care, and maintenance of the sign. (d) Maximum sign area of 24 square feet in R-1, R-2, R-4, and R-H Districts, 32 square feet in the R-3 District, and 80 square feet in the B-1, B-2, M-1, M-2, M-3 and M-O Districts.

2. Institutional Signs.

(a) In the R-1, R-2, and R-H Residential Districts, a property which contains a legal nonresidential institutional use authorized by issuance of a Special Conditional Use Permit may display institutional signs under the following parameters:

(1) Institutions may have one permanent freestanding sign per street frontage area. (2) Maximum sign area of 32 square feet, or 80 square feet, if located a minimum distance of 50 feet from any neighboring residential property. (3) Maximum height of 25 feet above the finished ground grade.

(b) Institutions may have wall signs as follows:

(1) Maximum of two walls per institution. (2) Maximum sign area of 15 times the square root of the wall length on which the sign is to be placed.

(c) Institutions may have static display area signs are allowed as follows:

(1) One per street frontage. (2) Maximum size of 32 square feet.

(d) In all other districts, institutional signs may be allowed by district regulations for applicable sign type (e.g., wall signs, permanent freestanding signs, or static display area signs).

(e) Sign permits are required for institutional signs.

3. Directional Signs.

(a) Directional signs are allowed under the following parameters:

(1) Maximum sign area of four square feet. (2) Minimum 20 feet in any direction between directional signs placed on the same property. (3) Sign permits are not required for directional signs.

4. Wall Signs.

(a) Wall signs are allowed under the following parameters:

(1) For residential properties in the R-1, R-2, R-4, and R-H districts, the maximum wall sign size is three square feet. (2) For permitted nonresidential uses in the R-1, R-2, and R-H Residential Districts, a property which contains a legal nonresidential institutional use authorized by issuance of a Special Conditional Use Permit, two walls may display signs with a maximum sign area of 15 times the square root of the wall length on which the sign is to be placed (see Figure 4)

Figure 4

(3) Wall signs with a maximum sign area of 15 times the square root of the wall length on which the sign is to be placed may be placed on a maximum of two walls of properties in the M-1, M-2, M-3 and M-O Districts, as illustrated in Exhibit 4. (4) Wall signs with a maximum sign area of 15 times the square root of the wall length on which the sign is to be placed may be placed in the B-1 and B-2 Districts, as illustrated in Exhibit 4 above. (5) Sign Permits are required for wall signs.

5. Window Signs.

(a) Window signs are allowed under the following parameters:

(1) Maximum sign area of 40 percent of the window area. (2) In the R-1, R-2, R-3, R-4, and R-H Districts, noncommercial window signs are allowed. (3) Sign permits are not required for window signs.

6. Permanent Freestanding Signs.

(a) Permanent freestanding signs are allowed under the following parameters:

(1) Maximum of one sign per street frontage, not including directional signs, billboards, Interstate 694 primary signs and Interstate 694 secondary signs. (2) Maximum height of 25 feet above the finished ground grade. (3) Minimum distance of 50 feet from any R-1, R-2, R-4, and R-H Residential District. (4) Maximum size of 32 square feet in the R-1, R-2, R-4, and R-H Districts; 32 square feet in the R-3 District; and 80 square feet in the B-1, B-2, M-1, M-2, M-3 and M-O Districts. (5) May have an electronic changeable message provided that the:

(a) Message does not change more than once every eight seconds. (b) Message never flashes or has motion that may distract vehicular traffic. (c) Light level does not exceed three tenths of a foot candle above ambient light as measured from 250 feet.

(6) Sign permits are required for permanent freestanding signs.

7. Billboards.

(a) Billboards are permitted in the B-2, M-1, and M-2 Districts on real property adjoining the public rights-of-way of the Interstate Highway 694 Corridor and must follow the following parameters:

(1) Maximum height of 35 feet above the finished ground grade. (2) Minimum vertical distance between the bottom of the billboard and the ground is 10 feet. (3) Not to exceed two sign faces. Billboards with two sign faces must have the sign faces attached back-to-back at a horizontal angle not to exceed 45 degrees. (4) Minimum of 1,000 linear feet between billboards located on the same side of the public right-of-way. Distance must be measured along the centerline of the right-of-way. (5) Minimum of 2,500 linear feet between billboards located on the same side or the opposite side of the public right-of-way that have an electronic changeable message. Distance must be measured along the centerline of the right-of-way. (6) Minimum of 30 feet from any property line abutting a public right-of-way. (7) Minimum of 10 feet from any other property line. (8) Minimum of 500 feet from any street, ramp, or merging traffic. (9) Minimum of 500 feet from any residential or public zoning district. (10) The sign structure must be all metal or another durable material and be either painted or treated to prevent deterioration. (11) Any lighting must be shielded to prevent beams or rays of light from being directed at any portion of the traveled way of the public rights-of-way, may not be of such intensity or brilliance as to cause glare or to impair the vision of any motor vehicle operator, may not otherwise interfere with any driver’s operation of a motor vehicle, and may not create a nuisance on adjoining property. (12) Billboards may be in addition to, and not in lieu of, permanent free-standing sign allowances. (13). Sign permits are required for billboards.

8. Interstate 694 Corridor Signage.

(a) Interstate 694 Corridor signage is allowed under the following parameters:

(1) Maximum of one Interstate 694 primary sign per property zoned B-1, B-2, M-1, M-2, M-3 and S-2 and located within 275 feet of the centerline of Interstate 694.

(2) Where the property abuts a second public right-of-way, the property may also be allowed an Interstate 694 secondary sign on the frontage adjacent to the second public right-of-way. (3) Interstate 694 primary signs may be up to 35 feet above the finished ground grade. (4) Interstate 694 secondary sign may be up to 25 feet above the finished ground grade. (5) For Interstate 694 primary signs, maximum sign area is determined by the acreage class of the development. The following chart determines the maximum sign area: Acreage Class Sign Size Permitted 35 acres + 500 square feet 10-35 acres 240 square feet 1-10 acres 120 square feet Less than one acre 80 square feet Allowed size by parcel is shown in Figure 5.

Figure 5

(6) Interstate 694 secondary signs may have a maximum sign area of 40 square feet. The maximum sign area can be increased up to 80 square feet if the sign area of the Interstate 694 primary sign is reduced by the equivalent number of square feet (e.g., if the Interstate 694 secondary sign is 72 square feet, the maximum sign area of the Interstate 694 primary sign is reduced by 32 square feet). (7) Interstate 694 Corridor signage is subject to all setback requirements for permanent free-standing signs within the District. (8) Interstate 694 primary signs must be located within the Interstate 694 Corridor. (9) Interstate 694 secondary signs must be located on frontage adjacent to a public right-of-way intercepting Interstate 694. (10) Interstate 694 primary sign and Interstate 694 secondary signs may be in addition to, and not in lieu of, permanent free-standing sign allowances. (11) Interstate 694 primary signs and Interstate 694 secondary signs are subject to all restrictions for permanent free-standing signs within the District not in conflict with this subsection. (12) Sign permits are required for Interstate 694 Corridor signs.

9. Temporary Signs.

(a) Free-standing temporary signs may be placed on sidewalks during the hours that the property placing the temporary sign is open to the public under the following parameters:

(1) The sign must be located immediately in front of the entrance of the property placing the temporary sign. (2) The sign must not violate the Americans with Disabilities Act or otherwise prohibit or impede pedestrian or vehicular traffic. (3) A limit of one sign per property in the R-1, R-2, R-4, and R-H Districts and one per street frontage in all other Districts, except properties with more than 100 linear feet of street frontage may have two temporary signs per street frontage exceeding 100 linear feet. (4) Maximum size of six square feet in the R-1, R-2, R-4, and R-H Districts and 32 square feet in all other Districts. (5) Sign permits are not required for temporary signs in the R-1, R-2, R-4, and R-H Districts. Sign permits are required for temporary signs in other Districts.

10. Incidental Signs.

(a) Incidental signs are allowed under the following conditions:

(1) Signs must be oriented or designed so the sign message is not legible off the premises where the sign is displayed. (2) The sign must be accessory to the use(s) on the property on which it is located. (3) Maximum size of two square feet in the R-1, R-2, R-4, and R-H Districts, four square feet in the R-3 District, and six square feet in all other Districts. (4) A sign permit is not required for incidental signs.

11. Static Display Area Signage.

(a) Static display area signage is allowed under the following parameters:

(1) A manual changeable message may comprise up to 50% of the static display area signage. (2) Signs may not include an electronic changeable message. (3) Signs may not be internally illuminated. (4) A maximum height of six feet for freestanding static display area signage. (5) A maximum size of 32 square feet in the R-1, R-2, R-4, and R-H Districts and 48 square feet in all other Districts. (6) One static display area signage installation is allowed per street frontage. (7) Legal nonconforming real estate signs and construction signs established prior to the effective date of this Chapter will be included in a property’s allowance for static display area signs. (8) Static display area signage will be allowed in addition to other freestanding or wall signs for a property.

1. All owners of multiple use non-residential buildings containing three or more non-residential units must submit a comprehensive sign plan to the City Manager or their designee for approval. 2. All future signs erected within the multiple use non-residential building must conform to the sign plan. 3. Existing signs within the multiple use non-residential building which do not meet the requirements of this Chapter or sign plan are nonconforming signs and will be subject to the restrictions set forth in the Nonconforming Signs Section of this Chapter.

The City Manager or their designee is responsible for the enforcement of this Chapter.

1. Any sign that is unsafe, appears unkempt or neglected, has been constructed or erected in violation of the Code, is a hazard to the health, safety, and/or general welfare of the public, or is in violation of any other section of the Code is hereby declared to be a nuisance and to be in violation of this Chapter. 2. Any person who has erected a sign without first obtaining a sign permit prior to erection, will be, when subsequently securing such sign permit, be required to pay an investigation fee equal to the sign permit fee and is subject to all other penal provisions of this City Code. 3. Notice of violations, hearings, and abatement will be governed by the provisions of the Public Nuisance Chapter providing for the abatement of nuisances. Copies of the notice will be mailed to the property owner. Administrative assessments and penalties may be assessed as provided in Fee Chapter to the property owner. 4. Nothing in this Section or in the Abatement of Exterior Public Nuisances Chapter will be deemed to prevent the City from seeking other relief and penalties, including but not limited to, criminal penalties.

1. To provide for a reasonable interpretation of the provisions of this Chapter, any owner, tenant, applicant, or any other person or business aggrieved by any order, requirement, decision, or determination made by the City or its representatives in the enforcement and interpretation of this Chapter may request a hearing before the Planning Commission. Appeals will be governed by the procedure in the Appeals section of the zoning chapters of the Code. 2. Any owner, tenant, applicant, or any other person or business aggrieved by a final decision of the Planning Commission, pursuant to the procedure in the zoning chapters may seek judicial review within 30 days after the final decision.

Signs containing noncommercial speech are permitted anywhere that signs containing commercial speech are permitted, subject to the same regulations applicable to such signs.

Variances to the strict application of this Chapter may be granted under the provisions established under the Variance requirements of the zoning chapters of the Code.

If any subsection, sentence, clause, or phrase of this section is for any reason held to be invalid by a court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this section. The City Council hereby declares that it would have adopted this Chapter and section in each subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more subsections, sentences, clauses, or phrases were declared invalid.

The City of Fridley (City) believes that providing for public health, safety, and welfare to its citizens mandates the existence of a rental property licensing and maintenance program which corrects substandard conditions and maintains a standard for rental property. This Chapter establishes licensing, inspection and maintenance requirements for rental dwellings.

Except as provided herein, this Chapter applies to all buildings which are rented in whole or in part as a dwelling to persons other than the property owner. It includes all accessory structures and appurtenances on the lot where the rental property is located.

The referenced dictionary of the governing Minnesota State Building Code will be considered as providing ordinarily accepted meanings. Whenever the words "Dwellings," "Dwelling Unit," "Building," "Structure" or "Premises" are used in this Chapter, they will be construed as though they were followed by the words, "or any part thereof.” Accessory Structure or Use: A subordinate building or use located on the same lot as principal building or use which is necessary or incidental to the conduct of the principal building or use. Basement: That portion of a building between floor and ceiling which is partly below grade, but so located that the vertical distance from grade to floor below is more than the vertical distance from grade to ceiling. Bedroom: A habitable room within a dwelling unit which is used, or intended to be used, primarily for the purpose of sleeping, not to include any kitchen or dining area. Building: Any structure having walls and a roof, built for the shelter or enclosure of persons, animals, or property of any kind. Compliance Official: The designated authority charged with the administration and enforcement of the Fridley City Code (Code), or their duly authorized representative. Condominium: A building containing multiple dwellings in which portions are designated for separate ownership and the remainder is designated for common ownership solely by the owners of the separate dwellings. A building containing multiple dwellings is not a condominium unless the undivided interests in the common elements are vested in the unit owners. Dwelling: A building or one or more portions of a building occupied or intended to be occupied for residential purposes. Dwelling, Multiple: A building or one or more portions of a building occupied or intended to be occupied for residential purposes by two or more individuals or families with separate living units. Dwelling, One Family: A detached building designed exclusively for occupancy by one individual or family. Dwelling, Two Family: A detached building designed exclusively for occupancy by two individuals or families with two separate living units. Dwelling Unit: A single unit meant to provide complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.

Easily Cleanable: Readily accessible and of such material and finish, and so fabricated and placed that residue which may accumulate can be completely removed by normal cleaning methods.

Extermination: The control and elimination of insects, rodents, or other pests by eliminating their harborage places, removing or making inaccessible materials that may serve as their food, poisoning, spraying, fumigating, or trapping, or by any other legal pest elimination methods. Family:

1. An individual or two or more persons legally related by blood, marriage, domestic partnership, or adoption, including foster children, in a linear relationship such as spouses, grandparents, parents, children, grandchildren and siblings. 2. A group of not more than five persons not related by blood, marriage, domestic partnership, foster care, guardianship, or adoption living together in a dwelling unit.

Floor Area, Gross: The sum of the gross horizontal area of the several floors of a structure or structures measured from the exterior faces and exterior walls or from the center line of common walls separating dwelling units. Basements devoted to storage or off street parking may not be included. Habitable Room: A room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, unfinished basements, pantries, utility rooms, foyers, communicating corridors, stairways, closets, storage spaces, and attics. Infestation: The presence within or around a dwelling or dwelling unit of an unusually large number of insects, rodents, vermin, or other pests causing damage or distress to the occupants of the dwelling. International Building Code (I.B.C.): The code published by the International Code Council, Inc., and any materials referenced therein. Let, Operate or Rent: To permit possession or occupancy of a dwelling or dwelling unit, whether or not compensation is paid, by a person who is not the legal owner of the dwelling unit, pursuant to a written or unwritten lease.

Licensee: The owner of property licensed as a rental dwelling. Occupancy: The purpose for which a structure, or part thereof, is used or intended to be used. Occupant: Any person residing in a dwelling or dwelling unit. Operator, Manager, Caretaker, or Agent: Any person who has charge, care or control of a structure, or part thereof, in which rental dwelling units are let. Owner: Any person, firm, corporation, or agent who alone, jointly or severally with others having a legal or equitable interest in the property or recorded in the official state, county or City records has holding title to the property or otherwise having control of the property. Person: An individual, corporation, firm, association, company, partnership, organization, or any other legal entity. Plumbing System: All of the following supplied facilities and equipment in a dwelling: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, vents, and any other similar fixtures and the installation thereof, together with all connections of water, sewer, or gas lines. Premises: A platted lot or portion thereof or an unplatted parcel of land and adjacent right of way either occupied or unoccupied by a building and/or accessory structure.

Refuse: Any solid or liquid waste products or those having the character of solids rather than liquids in that they will not flow readily without additional liquid and which are composed wholly or partly of such materials as garbage, swill, sweepings, cleanings, trash, rubbish, litter, industrial solid wastes or domestic solid wastes, organic wastes or residue of animals sold as meat, fruit or other vegetable or animal matter from kitchens, dining rooms, markets, or food establishments of any places dealing in or handling meat, fowl, grain or vegetables; offal, animal excrete or the carcass of animals; tree or shrub trimmings; grass clippings, brick, plaster or other waste matter resulting from the demolition, alteration or construction of buildings or structures; accumulated waste materials, cans, containers, tires, junk; or other such substance which may become a nuisance. Rental Dwelling or Rental Dwelling Unit: A dwelling or dwelling unit and accessory structure (if any) let for rent or lease. The term rental dwelling will include all dwelling units located within the rental dwelling. Retaining Wall: A wall or structure constructed of stone, concrete, wood, or other materials used to retain soil, as a slope transition, or edge of a planting area. Rodent Harborage: Any place where rodents live, nest, or seek shelter. Rodent Proof: A condition where a structure or any part thereof is protected from rodent infestation by eliminating ingress and egress openings such as cracks in walls and holes in screens. For the purpose of this Chapter, the term "rodent proof" may be construed as though it included "insect proof" and "vermin-proof.” Structure: Anything constructed or erected which requires location on or under the ground or attached to something having location on or under the ground.

Unsafe: As applied to a structure, a condition or combination of conditions which are dangerous or hazardous to persons or property. Water Closet: A toilet, with a bowl and trap made in one piece, which is connected to the City water and sewer system or other approved water supply and sewer system. Yard: All ground, lawn, court, walk, driveway, or other open space constituting part of the same premises and on the same lot with a main building.

The owner of a dwelling or dwelling unit is responsible for the maintenance of the structure and for meeting the provisions of this Chapter. These responsibilities may not be abrogated by a private agreement.

1. No owner, operator, or occupant of any dwelling unit should allow the accumulation or formation of dirt, filth, refuse or rodent harborages on the premises they occupy or control. 2. No owner, operator or occupant of any dwelling unit may allow the formation or presence of any nuisances in or on the premises they occupy or control.

No owner, operator or occupant may cause any service, utility, facility or equipment required under this Chapter to be removed from or shut off from any occupied dwelling or dwelling unit except for such temporary interruptions as may be necessary during repairs or alterations.

1. Minimum Exterior Standards

(a) Foundations, exterior walls, and roofs. The foundation, exterior walls, and exterior roof must be water-tight, rodent-proof, and be kept in sound condition and repair. Every window, exterior door, and hatchway must be substantially tight, and must be kept in sound condition and repair. The foundation must adequately support the building at all points. Exterior walls must be maintained and kept free from dilapidation by cracks, tears, or breaks or from deteriorated plaster, stucco, brick, wood or other material that is extensive and gives evidence of long neglect. The protective surface on exterior walls of a building above ground level must be maintained in good repair so as to provide a sufficient covering and protection of the structural surface underneath against its deterioration. Without limiting the generality of this section, a protective surface of a building will be deemed to be out of repair if:

(1) The protective surface is paint which is blistered to an extent of more than 25% of the area of any plane or wall or other area including window trim, cornice members, porch railings, and other such areas; (2) More than 10% of the pointing of any chimney or 25%) of the pointing of any brick or stone wall is loose or has fallen out. (3) More than 25% of the finish coat of a stucco wall is worn through or chipped away. Any exterior surface or plane required to be repaired under the provisions of this section must be repaired in its entirety. If a weather-resistant surface such as brick, plaster or metal is covered with paint that is more than 25% blistered, it must be repainted unless the defective paint covering is removed in its entirety.

(b) Accessory Structure Maintenance. Accessory structures supplied by the owner, operator or occupant on the premises of a dwelling must be structurally sound, and be maintained in good repair and appearance. Exterior walls, foundations, roofs and exits of accessory structures must be maintained in accordance with the standards set forth for principal structures. (c) Fence Maintenance. Fences must be maintained in good condition both in appearance and in structure. Wood material, other than decay-resistant varieties, must be protected against decay by use of paint or other preservatives. If 25% or more of the painted surface of a fence is determined by the Compliance Official to be paint blistered, the surface must be properly scraped and repainted. (d) Retaining Walls. Retaining walls must be kept in good condition, repair, and appearance. A retaining wall will be deemed out of repair when it has substantially shifted or slumped out of its original design position. (e) Yard Cover. All exposed areas surrounding (or within) a principal or accessory use, including street boulevards, which are not devoted to parking, drives, sidewalks, patios, or other such uses, must be landscaped with grass, shrubs, trees, or other ornamented landscape material, and must be maintained to prevent erosion from wind and water runoff. Such landscaping must be maintained in good condition and free of noxious weeds. Grass and weeds may not exceed 10 inches in height at any time. (f) Gutters and Downspouts. Existing gutters, leaders and downspouts must be maintained in good working condition as to provide proper drainage of storm water. In no case may storm water be channeled into the sanitary sewer system. In no case may storm water, ice, or snow be directed into, or channeled across walkways or streets where it is likely to be a hazard to life or health. (g) Exterior Lighting. For multiple family dwellings, all exterior parking areas must be provided with an average, maintained, horizontal illumination of six tenths foot candles. Parking lot illumination may not be directed onto a public street or adjoining property. (h) Snow and Ice Removal. The owner of a dwelling containing two or more dwelling units is responsible for cleaning and maintaining all walks, drives, and parking areas, and keeping steps free of any ice or any snow accumulations of two or more inches within 24 hours of the storm's completion. (i) Driving and Parking Areas. The owner of a multiple family dwelling or dwellings is responsible for providing and maintaining all paved and delineated parking areas and driveways in good condition for occupants. (j) Facilities for Storage and Disposal of Refuse. Every owner of a residential property is responsible for providing and maintaining facilities for the storage and disposal of refuse and for arranging for the collection of refuse. (k) Grading and Drainage. Every yard, court or passageway on a rental property must be maintained to prevent the excessive accumulation of standing water.

2. Minimum Plumbing Standards. All plumbing systems in every dwelling unit and in all shared or public areas must be properly installed and maintained in a sanitary, safe and functioning condition, and must be properly connected to an approved sanitary system.

(a) Every fixture, facility, or piece of equipment requiring a sewer connection must have a functioning connection, free from defects, leaks or obstructions, and must possess sufficient capacity to drain all other fixtures, facilities or pieces of equipment which feed into it. The sewer system must be capable of conveying all sewage into the municipal sanitary sewer system. (b) Every fixture, facility or piece of equipment requiring a water connection must have a functioning connection, free from defects, leaks or obstructions. Each water connection must possess sufficient capacity to adequately supply all fixtures, facilities, or pieces of equipment to which connected with an uncontaminated, controllable flow of water.

3. Minimum Electrical Standards. Every dwelling unit and all public and private areas must be supplied with electric service, functioning and safe circuit breakers or fuses, electric outlets, and electric fixtures which are properly installed and maintained in a safe working condition. The minimum capacity of such electric service and the minimum number of electric outlets and fixtures are as follows:

(a) Dwellings containing one or two dwelling units must have at least the equivalent of 60 ampere electric service per dwelling unit; (b) Dwelling units must have at least one 15 ampere branch electric circuit for each 600 square feet of dwelling unit floor area; (c) Every habitable room must have at least one floor or wall-type electric convenience outlet for each 60 square feet or fraction thereof of total floor area, and in no case less than two such electric outlets. Temporary wiring, extension cords or drop cords may not be used as permanent wiring. In cases where more than two outlets are required, one ceiling or wall type light fixture may be substituted for one required outlet. Required outlets must, insofar as possible, be spaced equal distances apart; (d) Every water closet compartment, bathroom, kitchen, laundry room and furnace room must contain at least one supplied ceiling or wall type electric light fixture and every bathroom and laundry room must contain at least one electric convenience outlet; (e) Every public hall and stairway in every multiple family dwelling must be adequately lit by natural or electric light at all times, so as to provide illumination having an intensity of not less than one foot candle at floor level to all parts thereof. The lights in the public halls and stairways of dwellings containing not more than two dwelling units may be controlled by conveniently located switches instead of full time lighting; (f) A convenient switch for turning on a light in each dwelling unit must be located near the principal point of entrance to such unit. A patio door entrance may be exempt if it is not a principal entrance; (g) If provided, exterior electrical outlets must be weather proofed. No electrical drop cords, extension cords, or electrical wires may extend across a walkway or driveway, or otherwise create a hazard to pedestrians or vehicles.

4. Minimum Heating Standards

(a) All dwellings must have primary heating facilities which are properly installed and maintained in a safe, efficient working condition and which can maintain a minimum indoor temperature of not less than 68 degrees F at a point three feet above the floor in all habitable rooms, bathrooms and water closet compartments in every dwelling unit location therein, pursuant to Minnesota Statute (M.S.) § 216B.096, commonly referred to as the Minnesota Cold Weather Rule. (b) Gas or electric appliances designed specifically for cooking or water heating purposes, and portable heating equipment, are not considered primary heating facilities for the purposes of this Section. (c) Whenever the occupant lacks direct control over the primary heating facility to their dwelling unit, it is the responsibility of the owner to maintain minimum heating standards as set forth above.

5. Water Heating Standards: Every dwelling unit must have supplied water heating facilities which are installed in an approved manner, properly maintained, and which are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub, shower, and laundry facilities, or other similar units at a temperature of not less than 110 degrees Fahrenheit, 46 degrees Celsius, at any time needed. Water temperatures must comply with but not exceed the standards stipulated in the most recently adopted Minnesota Energy Code. 6. Minimum Natural Light and Ventilation Standards: Every habitable room must have window area of no less than eight percent of the floor area and at least one window facing directly outdoors which can be opened easily. At minimum, the total openable window area of every habitable room must be 4% of the floor area of the room, and in no case less than four square feet. In lieu of natural ventilation, a mechanical ventilating system may be provided which is capable of providing two air changes per hour, with 20% of the air supply taken from the outside. Every bathroom and water closet compartment must have at least 50% of the openable window requirement otherwise appropriate for the floor area, except that no windows may be required if such rooms are equipped with an exhaust fan connected directly to the outside, capable of providing five air changes per hour. For the purpose of determining light and ventilation requirements, any room may be considered as a portion of an adjoining room when one half of the area of the common wall is open and unobstructed and provides an opening of not less than one tenth of the floor area of the interior room or 25 square feet, whichever is greater. Windows may not be required in kitchens of dwelling units when such kitchen has an opening of at least 20 square feet into an adjoining habitable room and when such kitchen is provided with an approved mechanical ventilation system. In addition, the window area of the adjoining habitable room referred to above may be of sufficient size so as to provide for the light and ventilation requirements of the kitchen area as well as for said adjoining habitable room. 7. Minimum Structural Standards

(a) Floors, Interior Walls, and Ceilings. Every floor, interior wall and ceiling must be adequately protected against the passage and harborage of vermin, rodents, and insects. Every floor must be free of loose, warped, protruding, or rotted flooring materials and all floor covering must be maintained in good condition. Every interior wall and ceiling must be free of holes and large cracks, loose plaster, and blistered paint and must be maintained in good condition. Lead based paints classified toxic to children must not be used on wall or molding surfaces. Every toilet room, bathroom, and kitchen floor surface must be easily cleanable and maintained in good condition. (b) Stairways, Porches, and Balconies. Every stairway, inside or outside of a dwelling, and every porch or balcony, must be kept in safe condition and sound repair. Every flight of stairs and every porch and balcony floor must be free of structural deterioration. Every stairwell and every flight of stairs which is more than three risers high must have at least one handrail approximately 30-38 inches high, measured vertically from the nose of the stair tread to the top of the handrail. All unenclosed floor and roof openings, open and glazed sides of landings and ramps, balconies or porches which are more than 30 inches above grade or floor below, and roofs used for other than service of the building must be protected by a guardrail; guardrails must be not less than 36 inches in height. Open guardrails and open stair railings on unenclosed stairways must have intermediate rails such that a sphere four inches in diameter cannot pass through. Every handrail and balustrade must be firmly fastened and maintained in good condition. A flight of stairs which has settled out of its intended position, or pulled away from the supporting or adjacent structures enough to cause a hazard, must be repaired. No flight of stairs may have rotting, loose or deteriorating supports. Excepting spiral and winding stairways, the treads and risers of every flight of stairs must be uniform in width and height. Stairways must be capable of supporting loads that normal use may cause to be placed thereon. The minimum dimensions that will be accepted for existing stairways are as follows: rise not to exceed eight inches in height, run of treads to be not less than nine inches in depth. (c) Windows, Doors, and Screens. Every window, exterior door, and hatchway must be substantially tight and must be kept in sound condition and repair. Every window other than a fixed window or storm window, must be capable of being easily opened. Every window or other device with openings to outdoor space which is used or intended to be used for ventilation must be supplied with 16 mesh screens. All windows on basement and first floor levels must have proper locking devices to prevent opening from the outside. All doors and door and window frames must be free of blistered paint and must be maintained in good condition. All door and window hardware and locks must all be functional and be maintained in good condition. (d) Safe Building Elements. Every roof, floor, porch, balcony, stairway, and every appurtenance thereto, must be safe to use and capable of supporting loads that normal use may cause to be placed thereon. (e) Access to Dwellings. Access to and egress from each dwelling must be provided by at least one doorway that is a minimum of 36 inches wide and 80 inches high and otherwise complies with the fire exit provisions of the Code. (f) Minimum Ceiling Height. The ceiling height of any habitable room must be at least seven feet; except that in any habitable room under a sloping ceiling, at least one half of the floor area may have a ceiling height of at least seven feet, and the floor area of that part of such a room where the ceiling height is less than five feet may not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy. (g) Rooms Below Grade. A room located partly or wholly below grade may be used as a habitable room of a dwelling unit provided all of the requirements of this Chapter are met. If a room below grade is used for sleeping purposes, an emergency escape or egress must be provided. Acceptable means of egress include:

(1) Escape or rescue window with a minimum net clear openable area of 5.7 square feet. The minimum net clear openable height dimension will be 24 inches. The minimum net clear openable width dimension must be 20 inches. The finished sill height may not exceed 44 inches above the floor. (2) Exterior type door or hatch meeting the same minimum requirements as specified in this Chapter.

(h) Door Locks and Security. All doors leading to public or shared areas from all dwelling units must be furnished with a single cylinder deadbolt lock openable from the interior without the use of a key or tool. Deadbolt, night latch, or chain locks must be mounted at a height not to exceed 48 inches from the finished floor and a minimum of 34 inches from the finished floor. The deadbolt must be capable of being locked from the exterior of the unit. Manually operated flush bolts or surface bolts are not permitted.

8. Minimum Interior Standards

(a) Kitchen Facilities. Every kitchen in every dwelling unit must include the following:

(1) A kitchen sink in good working condition and properly connected to an approved water supply system. It must provide at all times an adequate amount of heated and unheated running water under pressure and be connected to an approved sewer system. (2) Cabinets or shelves for the storage of eating, drinking, and cooking equipment and utensils, and of food that does not require refrigeration for safekeeping; and a counter or table for food preparation. Said cabinets or shelves and counter or table must be, adequate for the permissible occupancy of the dwelling unit and must be of sound construction furnished with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food. (3) A stove and a refrigerator which are properly installed with all necessary connections for safe, sanitary, and efficient operation. The stove, refrigerator, or similar devices need not be installed when a dwelling unit is not occupied or when the occupant has agreed, in a written lease, to provide the devices on occupancy, in which case sufficient space and adequate connections for the installation and operation of said stove, refrigerator, or similar devices must be provided.

(b) Toilet Facilities. Within every dwelling unit there must be a non habitable room with an entrance door which affords privacy to a person within room. The room must be equipped with a flush water closet in good working condition. The flush water closet must have easily cleanable surfaces, must be connected to an approved water system that at all times provides an adequate amount of running water under pressure to cause the water closet to operate properly, and must be connected to an approved sewer system. (c) Lavatory Sink. Within every dwelling unit there must be a lavatory sink. The lavatory sink may be in the same room as the flush water closet, or if located in another room, the lavatory sink must be located in close proximity to the door leading directly into the room where water closet is located. The lavatory sink must be in good working condition, properly connected to an approved water system, provide an adequate amount of heated and unheated running water under adequate pressure, and must be connected to an approved sewer system. (d) Bathtub or Shower. Within every dwelling unit, there must be a non-habitable room which affords privacy and which is equipped with a bathtub or shower in good working condition. The bathtub or shower may be in the same room as the flush water closet or in another room must be properly connected to an approved water supply system, provide an adequate amount of heated and unheated water under adequate pressure and must be connected to an approved sewer system. (e) Every bathroom and water closet compartment must have least 50% of the openable window requirement otherwise appropriate for the floor area, except that no windows may be required if such rooms are equipped with an exhaust fan connected directly to the outside, capable of providing five air changes per hour.

9. Minimum Standards for Pest Extermination

(a) All openings in the exterior walls, foundations, basements, ground or first floors, and roofs must be rodent proofed in a manner approved by the Compliance Official. (b) All windows used or intended to be used for ventilation, all other openings, and all exterior doorways which might provide an entry for rodents and insects, must be supplied with adequate screens or such other devices as will effectively prevent the entrance of rodents and insects into the structure. (c) All sewers, pipes, drains, conduits, and openings around such pipes and conduits must be constructed to prevent the ingress or egress of rodents and insects to or from a building. (d) Interior floors of basements, cellars, and other areas in contact with the soil must be rodent proofed in a manner approved by the Compliance Official. (e) The owner or operator of a dwelling unit is responsible for the extermination of rodents, insects, or other vermin on the premises. Anyone who is contracted to eliminate pests must have a pest control license.

10. Minimum Energy Standards. All dwellings which are renter-occupied during all or a portion of the months of November through April must comply with the following weatherization requirements:

(a) Install weatherstripping between exterior operable window sash and frames and between exterior doors and frames. Weatherstripping is not required on storm doors or storm windows. (b) Caulk, gasket, or otherwise seal accessible exterior joints between foundation and rim joist; around window and door frames; between wall and roof; between wall panels; at penetrations for utility services through walls, floors and roofs, and all other openings in the exterior envelope. (c) Install storm windows on all single glazed exterior window units enclosing conditioned space. (d) Install storm doors on all exterior door openings into conditioned spaces unless a single door, enclosed porch, vestibule, or other appurtenance provides a double door effect or provides an "R" value of two or more. (e) Install positive shut offs for all fireplaces or fireplace stoves unless an existing damper provides a positive shut off. (f) Install insulation in accessible attics to achieve a minimum total "R" value of the insulation of R 19. If there is insufficient space for the installation of the recommended "R" value, then the available space must be insulated to capacity. (g) Install insulation in accessible walls and floors enclosing conditioned spaces to achieve a minimum total "R" value of the insulation of R 11 when there is no insulation in a substantial portion of the exterior walls or floors over an unconditioned space. Accessible walls may not include above grade foundation walls of basements. If there is insufficient space for the installation of the recommended "R " value, then the available space must be insulated to capacity.

11. Occupancy Standards. Notwithstanding any private agreements between the landlord and occupant providing for more restrictive occupancy standards, the maximum occupancy standards are:

(a) No more than one family may occupy a dwelling unit; and (b) The maximum number of occupants in any rental dwelling unit may not exceed the following formula: number of bedrooms x 2 + 1= maximum occupancy.

The following are considered immediate hazards to the health, safety and general welfare of the occupants of a dwelling unit.

1. Heating systems that are unsafe due to burned out or rusted out heat exchangers (fire box); burned out, rusted out, or plugged flues; improper ventilation; unsafe gas piping connection; or failure to meet minimum heating standards set forth in this Chapter. 2. Water heaters that are unsafe due to burned out or rusted out heat exchangers (fire box); burned out, rusted out or plugged flues; improper ventilation; unsafe gas piping connection; or lack of a properly installed and maintained temperature and pressure relief valve. 3. Electrical systems that are unsafe due to dangerous overloading; damaged or deteriorated equipment; improperly taped or spliced wiring; exposed uninsulated wires; distribution systems of extension cords or other temporary methods; or ungrounded systems or appliances. 4. Plumbing systems that are unsanitary due to sewer backups; leaking waste system fixtures and traps; lack of water closet; lack of washing and bathing facilities; or cross connections of potable water supply and sewer lines. 5. Structural systems, walls, windows, chimneys, ceilings, roofs, foundations and floor systems that cannot safely carry imposed loads or provide safe living conditions. 6. Refuse, garbage, human waste, decaying vermin, other dead animals, or other materials rendering it unsanitary for human occupancy. 7. Infestation of rodents, insects, vermin, or other pests. 8. Missing or non-functioning smoke detectors and carbon monoxide detectors. 9. Using a room or rooms with no proper egress as a bedroom. 10. A dwelling unit that is not serviced with functioning utilities.

1. Fire Exits

(a) Pursuant to the Minnesota State Building Code, all dwellings must have required fire exits maintained in fully operable condition and readily accessible to occupant. (b) All exit stairways in multiple dwellings or condominiums which have more than two occupied levels must be separated from each other by a substantial separation of at least a one-hour fire resistance rating as detailed in the most recent edition of the I.B.C., or other approved one hour assembly. (c All multiple unit dwellings or condominiums having more than two levels and where the lowest level is at an elevation less than grade and having the exit at grade level must provide a substantial barrier constructed and placed so as to prevent a person from proceeding down the stairs to a level lower than the level of exit. (d) All multiple unit dwellings or condominiums with 25 or more dwelling units must provide emergency lighting in the exit ways, corridors, and systems in accordance with standards of the National Fire Protection Association.

2. Automatic Alarms

(a) All multiple dwellings and condominiums having an excess of four dwelling units must provide a manually operated fire alarm system capable of alerting all the occupants of the structure. Each such alarm system must be activated by a manual pull station located at each exit door and by an automatic device located in the utilities or room in which the primary heating system is located. Such devices must be a smoke detector, detecting products of combustion other than heat, and bearing the approval of the Underwriters Laboratories or Factory Mutual Testing Service for such service, or the International Conference of Building Officials. (b) Every dwelling unit within a dwelling or condominium must be provided with a smoke detector, detecting products of combustion other than heat, and conforming to the requirements of the Underwriters Laboratories or approved by the International Conference of Building Officials. When actuated, the detector must provide an alarm in the dwelling unit.

3. Fire Protection System. All fixed and portable fire protection systems and appliances must be accessible and maintained for immediate emergency use. 4. Prohibiting Inside Connection of External Appliances. No owner of a rental dwelling may allow electrical drop cords, extension cords or any electrical wire to run from any electrical outlet from inside the dwelling or dwelling unit for service to an electrical appliance outside of the dwelling or dwelling unit.

1. License Requirement

(a) Except as otherwise provided herein, no person may operate, let, or cause to be let, a rental dwelling or rental dwelling unit without first having obtained a rental license from the City. Upon receipt of a properly executed initial application for a rental license, the Compliance Official or their designee will inspect the property to determine whether the structure is in compliance with this Chapter, other chapters of the Code and the laws and rules of the State of Minnesota. Each rental license will be issued annually and expires 12 months from the date of issuance. Renewal applications must be filed at least 30 days prior to the license expiration date. Every rental dwelling, including all rental units, may be inspected after a renewal license application is filed to determine if the premises still conforms to all applicable codes. (b) Any owner of a rental dwelling who does not reside within the eleven-county metro area comprising of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright counties must appoint a designated agent residing within the eleven-county area. The designated agent must be listed on the application and empowered by the property owner to perform maintenance, upkeep, and emergency repairs for the rental dwelling. The Compliance Official must be notified in writing within 10 business days of any change in designated agent.

2. Conformance. No rental license may be issued or renewed unless the rental dwelling conforms to the provisions of this Chapter, the Code, and the laws, rules, and regulations of the State of Minnesota. 3. Fees

(a) The annual license fee for a rental license, and for reinspection, is provided in the Fees Chapter of the Code. (b) Any rental inspection requiring three or more inspections or attempts for an inspection will be assessed an additional inspection fee. This fee will be charged starting on the third inspection and will include prior inspections and subsequent inspections or attempted inspections. No license may be issued or renewed until all outstanding fees and fines pursuant to this Chapter have been paid, other than those which may be assessed against the property. (c) In order to restore a license for a rental dwelling or individual dwelling unit which has had its license denied at the time of renewal or revoked or suspended, the license application must be accompanied by the license fee as provided in the Fees Chapter of the Code. (d) Failure to obtain a rental license prior to letting or operating a rental dwelling or allowing a rental license to expire will result in a 25% addition to the rental license fee. Continued noncompliance with the licensing requirements may result in a criminal citation.

4. Application Requirements and Process

(a) Application Requirements. License application must be made by the owner of record of the property. Application forms may be acquired from and filed with the Compliance Official. The applicant must supply the following information as well as all other information requested on the rental license application:

(1) Name, address, telephone number and email address of the property owner or managing agent. The City must be notified in writing within 10 days of any change of address or other requested information for the owner. (2) Name, address, telephone number and email address of a designated agent or operator, if different from the owner. The City must be notified in writing within 10 days of any change of address or other requested information for the designated agent or operator. (3) Name, address, and telephone number of vendee if dwelling is being purchased through a contract for deed or mortgage (name of lender or financial institution holding mortgage). Proof of recording the contract for deed in Anoka County must be provided with the application. (4) Legal address of the property where the rental dwelling is located. (5) Number of units in each rental dwelling and the types of units that exist within each of the rental dwellings. (6) The number of paved off street parking spaces available to tenants, if requested. (7) Description of procedure for tenant inquiries and complaints, if requested.

(b) Inspection Required. Licensed rental dwellings are subject to the Compliance Official’s right to inspect the rental dwelling and dwelling units to determine whether they are in compliance with the Code and state law. The Compliance Official will set up a schedule of periodic inspections to ensure City-wide compliance with this Chapter. The Compliance Official will provide reasonable notice to the owner or operator of the date and time of the inspection. Every occupant of a dwelling unit must give the owner or operator or their agent or employee, access to any part of the dwelling unit at reasonable times for the purposes of effecting inspection, maintenance, repairs, or alterations as necessary. If any owner, operator, occupant, or other person in charge of a dwelling or dwelling unit fails or refuses to permit access and entry to the premises under their control for an inspection pursuant to this Chapter, the Compliance Official may seek a court order authorizing an inspection. The submission of a rental license application or the possession of a rental license issued by the City will constitute agreement to such inspection by the owner identified on the rental license.

5. Posting of License. Licensees must conspicuously post a copy of the rental license for the rental dwelling in a frame with transparent protective covering in the main entry way of the rental dwelling or other conspicuous location. 6. License Transferability. Rental licenses may be transferred upon completion of a license transfer application, payment of the license transfer fee, and written approval by the Compliance Official. 7. License Suspension, Revocation or Conversion to Provisional License. The City may revoke, suspend, convert to a provisional license, deny, or decline to renew any rental license applied for or issued under this Chapter.

(a) Suspension, Revocation, or Conversion to Provisional License. Every rental license issued under the provisions of this Chapter is subject to suspension, revocation, or conversion to a provisional license for the entire rental dwelling or for individual rental dwelling units by the City Council (Council) if the licensee fails to operate or maintain the licensed rental dwelling(s) and dwelling units in compliance with the provisions of this Chapter, the Code and M.S. (b) A rental license may also be suspended, denied, converted to a provisional license, not renewed or revoked for any of the following reasons:

(1) The license was obtained by misrepresentation of material facts, fraud, deceit or bad faith. (2) The licensee or applicant has failed to comply with any condition set forth in any permits granted by the City related to the rental dwelling. (4) The activities of the licensee on the rental dwelling premise have created a serious danger to the public health, safety or welfare. (5) The rental dwelling contains conditions that might injure or endanger the safety, health or welfare of any member of the public. (6) Failure to continuously comply with any condition required of the applicant for the approval or maintenance of the rental license. (7) Failure to include the Crime Free/Drug Free Lease Addendum in all leases as required by this Chapter. (8) A violation of any other term and condition of the rental license or of this Chapter.

(c) Hearing. Upon violation of any of the terms and conditions of a rental license, the Council may hold a hearing to consider the suspension, revocation or conversion to a provisional license. At this hearing, the licensee will be provided with due process, including:

(1) Interested parties may be represented by an attorney, present evidence, witnesses, and cross examine all adverse witnesses, and (2) The City will make a complete record of all proceedings, including findings of fact and conclusions of law.

(d) Notification. The Compliance Officer must send written notice to the licensee of the date and time of a hearing before the Council regarding any license application or any potential revocation, suspension or conversion to a provisional license. Notice must be sent to the owner’s and/or agent’s address on file with the City not less than 10 days from the date of the hearing. (e) Effect of Suspension or Revocation. In the event that a rental license is suspended or revoked by the Council for any violation under the provisions of this Chapter, it will be unlawful for the owner or their duly authorized agent to permit any new occupancies in vacant rental units until a valid operating license is restored to the affected units. Issuance of a new license after suspension or revocation will be made in the same manner as provided for obtaining an initial license. (f) Terms of Provisional License. At the time of approval of the provisional license, the Council may approve a mitigation plan to address and prevent future license violations. The mitigation plan may include adding security measures, improving the exterior of the property, reducing or changing the hours of operation, holding neighborhood meetings, or taking other measures that the Council deems appropriate.

8. Posted to Prevent Occupancy. Whenever any dwelling or individual dwelling unit has been denied a license, has had its license suspended or revoked pursuant to this Chapter, or is unfit for human habitation, it will be marked with a placard by the Compliance Official to prevent further occupancy. No person, other than the Compliance Official or their designee, may remove or tamper with any placard. The Compliance Official will post on the placard the date that the vacancy will become effective. On or after the placard vacancy date, no person may reside in, occupy, or cause to be occupied any dwelling or dwelling unit which has been posted to prevent occupancy. 9. Failure to Obtain License. If it is determined that a rental dwelling or rental dwelling unit is being operated without a valid license, an immediate inspection will be conducted. It is unlawful for an owner, designated agent, or operator, after notice sent by first class mail, to continue operation of a rental dwelling unit without submitting an application for a license under this Chapter along with the necessary license fee. Once an application is made, it is unlawful for the owner, or their agent, to permit any new occupancies of vacant rental units until the license is issued. 10. Issuance of Rental License. If the rental dwelling is in compliance with this Chapter, the Code and the laws and regulations of the State, a license will be issued to the present owner or their designated agent. If the City finds that the circumstances of the occupancy following the issuance of the license involve possible Code violations, substandard maintenance, or abnormal wear and tear, the City may reinspect the premises during the licensing period. 11. Additional License Conditions

(a) Licensees must, as a continuing obligation of a license, maintain a current register of tenants and other person(s) who have lawful right to occupancy of rental properties. In their application, the licensee must designate the person(s) who will have possession of the register and must promptly notify the City of any change of the identity, address or telephone number of such person(s). The register must be made available for inspection by the City at all times. (b) Licensees are responsible for the acts or omissions of their managers and operators. (c) The licensee or manager is required to complete one educational course of the Crime-Free/Drug Free-Rental Housing Program, or similar course, as approved by the City Manager or their designee. The certification must be complete within one year of the initial license issuance and repeated once every five years. Program attendees are required to pay a participation fee in an amount determined to cover the cost of the program. (d) The licensee or manager must provide all tenants with a written lease which must include the City approved Crime Free/Drug Free Lease Addendum. The lease and addendum must be made available for review by the City Manager or their designee upon request. (e) All licensees or managers must complete a criminal background check on all occupants of a dwelling and provide proof of completion of said background check at the request of the City Manager or their designee. (f) Licensees must comply with State law regarding completion of background checks on all managers, caretakers, and agents.

12. Exemptions. No rental license is required for the following:

(a) Hotels (b) Motel(c) Hospitals (d) State-licensed residential care facilities (e) Assisted living facilities (f) Nursing homes (g) Single-family homes or duplexes in which the owner resides within a portion of the single-family home or duplex, and if the building is a duplex, only that portion of the building in which the owner resides is exempt. The other portion of the duplex requires a rental license.

1. It is the responsibility of the licensee to see that residents, guests or other persons affiliated with the resident occupying a premises avoid engaging in illegal conduct so as not to cause the premises to be disorderly. For purposes of this Section, a premises is disorderly when illegal conduct occurs on the premises. 2. Where there is a report of domestic abuse as defined in the Domestic Abuse Act or where the tenant is the victim of an order for protection violation under M.S. § 518B.01, subd. 14, the incident will not be considered “Disorderly Use” of the premises for purposes of requiring owners to proceed against a tenant who is the victim in such situations under the Crime Free/Drug Free Lease Addendum. 3. The Public Safety Director or their designee is be responsible for determining when there has been an incident of illegal conduct that constitutes disorderly use of the licensed premises. 4. Upon determination by the Public Safety Director or their designee that a licensed premises or an individual dwelling unit was used in a disorderly manner, as described in this Chapter, or otherwise used in violation of the Crime Free/Drug Free Lease Addendum, the Public Safety Director or their designee must notify the licensee of the violation and direct the licensee or their legally constituted agent or operator to take steps to prevent further violations. Notice may be personally delivered to the licensee, agent or operator, sent by certified mail to the licensee’s, agent, or operator’s last known address, or, if the licensee, agent, or operator does not acknowledge receipt of the notice, by posting the notice in a conspicuous place on the rental unit and mailing a copy of the notice of the violation by first class mail. The notice will direct the licensee to take steps to prevent further violations. A copy of the notice must also be sent by first class mail to the occupant. The owner must notify the tenant or tenants within 10 days of the notice of violation of the disorderly use constituting a violation of the Crime Free/Drug Free Lease Addendum. The owner must further take steps to prevent further disorderly use violations. 5. Upon a second violation within 12 months of any one previous instance of disorderly use of a rental dwelling or dwelling unit, notice of the disorderly use violation will be sent to the licensee, agent, or operator. The notice will require the licensee to submit a written report of the actions taken or to be taken to prevent further disorderly use violations. This written report must be submitted to the Public Safety Director or their designee within 10 business days of receipt of the notice, and must detail all actions taken in response to the notices within the preceding 12 months. If no written report is received, the rental license for the property or the individual dwelling unit may be denied, revoked, suspended, not renewed, or converted to a provisional license. An action to deny, revoke, suspend, convert to a provisional license, or not renew a license under this Section will be initiated by the Council at the request of the Public Safety Director. The licensee, agent, or operator must notify the tenant or tenants within 10 days of the notice of violation of the disorderly use constituting a violation of the Crime Free/Drug Free Lease Addendum, and the owner must take steps to prevent further disorderly use violations. 6. If a third or subsequent violation in an individual dwelling unit occurs within 12 months after the first of two previous instances for which notices were sent to the licensee, the rental license may be denied, revoked, suspended, converted to a provisional license or not renewed. An action to deny, revoke, suspend, convert to a provisional license, or not renew a license under this Chapter may be initiated by the Council at the request of the Public Safety Director or their designee. 7. No adverse license action may be imposed if the violation occurred during the pendency of eviction proceedings or within 30 days of notice given by the licensee to an occupant to vacate the premises, where the violation was related to conduct by that occupant or their guests. Eviction proceedings will not be a bar to adverse license action unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, convert to a provisional license, or not renew a license based upon violations of this Section may be postponed or discontinued at any time if the licensee has taken appropriate measures to prevent further disorderly use of the premises. The owner must notify the tenant or tenants within 10 days of the notice of violation of the disorderly use constituting a violation of the Crime Free/Drug Free Lease Addendum, and the owner shall take steps to prevent further disorderly use violations. 8. A determination that the licensed premises or dwelling unit has been used in violation of this Chapter will be made on a preponderance of the evidence to support the determination. It is not necessary for criminal charges to be brought to support a determination of violation, nor will a dismissal or acquittal of criminal charges operate as a bar to adverse license action under this Chapter.

1. The City Manager will designate a Compliance Official to administer and enforce the provisions of this Chapter. The Compliance Official is authorized to cause inspections on a scheduled basis or when reason exists to believe that a violation of this Chapter has been or is being committed. 2. Whenever the Compliance Official determines that any dwelling or dwelling unit fails to meet the provisions of this Chapter, the City may issue a compliance order setting forth the violations of this Chapter and ordering the owner, agent, operator, or occupant to correct such violation. This compliance order must:

(a) Be in writing. (b) Describe the location and nature of the violation in this Chapter. (c) Specify a reasonable time in which violations must be corrected. (d) Be provided to the licensee. The compliance order must be personally delivered, posted in a conspicuous place on or about the premises, or mailed by first class mail to the licensee’s last known address on file.

3. The Compliance Official may investigate complaints related to the rental dwelling or dwelling unit. The Compliance Official must contact the owner or agent to verify that the owner or agent is aware of the complaint. If deemed necessary by the Compliance Official, an inspection of the unit may be conducted to determine if there are violations to this Chapter and other applicable ordinances of the City and State laws and regulations. If the inspection reveals that a Code violation exists, the Compliance Official must notify the owner or agent of the violation. Unless the correction or repair is an emergency case, the owner or agent must comply with the timeframes established in the Compliance Order.

When a violation of this Chapter constitutes an imminent peril to life, health, safety, or property, the City may require immediate compliance and, if necessary, take appropriate action to correct the violation. The City may bill the costs of repair to the owner of the property and, in the case of nonpayment, may assess the cost of the repairs to the property.

Every owner of a multiple dwelling of 13 or more units or other units not serviced under the City contract for recycling services must arrange and contract for at least monthly collection of recyclables to include at least newsprint, glass (food and beverage), aluminum, steel, tin cans, and corrugated cardboard. A copy of the owner’s contract for recycling services must be submitted to the City in conjunction with the annual renewal of the rental license.

1. Declaration. Any structure dwelling or dwelling unit which is damaged, decayed, dilapidated, unsanitary, unsafe, infested, or lacks provision for illumination, ventilation, or sanitary facilities to the extent that the defects create a hazard to the health, safety, or general welfare of the occupants or to the public may be declared unfit for human habitation by the City Manager or their designee, or the applicable state authority. Whenever any structure, dwelling, or dwelling unit has been declared unfit for human habitation, the City will order the dwelling vacated within a reasonable time and must post a placard on same indicating that it is unfit for human habitation, and any operating license previously issued for such structure dwelling or dwelling unit will be revoked. 2. Vacated Dwelling. It is unlawful for a vacant dwelling or dwelling unit that has been declared unfit for human habitation to be used for human habitation until the defective conditions have been corrected and written approval has been issued by the City. 3. Secure Unfit and Vacated Dwellings. The owner of any dwelling or dwelling unit that has been declared unfit for human habitation or is otherwise vacant for a period of 60 days or more, must secure the unit so that it is not hazardous to the health, safety, or general welfare of the public and does not constitute a public nuisance. Any vacant dwelling or dwelling unit with unguarded open doors or windows is considered hazard to the health, safety, and general welfare of the public and a public nuisance within the meaning of this Chapter and the Public Nuisances Chapter of the Code. 4. Hazardous Building Declaration. In the event that a dwelling or dwelling unit has been declared unfit for human habitation and the licensee, agent, or operator has not remedied the defects within a prescribed reasonable time, then it may be declared a hazardous building and treated consistent with the provisions of M.S. §§ 463.15-463.261.

Upon failure to abide by a compliance order within the given time, the Council may, by resolution, cause the cited deficiency to be remedied as set forth in the compliance order. The cost of such remedy will be placed against the subject property and may be levied and collected as a special assessment in the manner provided by M.S. Chapter 429.

1. Any person contesting a citation or decision associated with violations of this Chapter may file an appeal pursuant to the Appeals and Administrative Citations chapter of the Code. 2. Within 14 business days of a determination by the Hearing Examiner, any person contesting that decision may appeal to the Council by submitting a written appeal to the City Clerk. At its next regular meeting following the Hearing Examiner's decision, the Council will affirm, repeal, or modify that decision. 3. The filing of an appeal will stay all proceedings, unless such a stay would cause imminent peril to life, health, safety or property.

Anyone securing an interest in a dwelling or dwelling until that has received a violation tag or compliance order is bound by the order without further service of notice and is liable to all penalties and procedures under this Chapter.

By enacting and undertaking to enforce this Chapter, neither the City nor its Council, agents, or employees warrant or guarantee the safety, fitness, or suitability of any dwelling in the City, and any representation to the contrary by any person is a misdemeanor. Owners or occupants should take whatever steps they deem appropriate to protect their interests, health, safety, and welfare. A warning in substantially the foregoing language will be printed on the face of the license.

In view of the peculiar nature and problems presented by the closure or conversion of manufactured home parks, the City Council finds that the public health, safety, and general welfare will be promoted by requiring compensation to displaced residents of manufactured home parks. The purpose of this ordinance is to require park owners to pay displaced residents reasonable relocation costs and to require purchasers of manufactured home parks to pay any additional compensation, pursuant to Minnesota Statutes (M.S.) § 327C.095.

Closure statement: A statement prepared by the manufactured home park owner clearly stating that the park is closing, addressing the availability, location, and potential costs of adequate replacement housing within a 25-mile radius of the park that is closing and the probable relocation costs of the manufactured homes located in the park. Displaced resident: A resident of an owner-occupied manufactured home who rents a lot in a manufactured home park, including the members of the resident's household, as of the date the park owner submits a closure statement to the City's Planning Commission.

Lot: An area within a manufactured home park designed and used for the accommodation of a manufactured home. Manufactured home: A structure which is not affixed to or part of real estate, transportable in one or more sections, which in its traveling mode is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in it. Park closure: A closure, conversion of use, or termination of use, whether in whole or in part, of a manufactured home park. For purposes of this definition, use shall mean any use related to the manufactured home park and related services. Park owner: The owner of a manufactured home park and any person acting on behalf of the owner in the operation or management of the park. Person: Any individual, corporation, firm, partnership, incorporated and unincorporated association, or any other legal or commercial entity. Purchaser: The person buying the manufactured home park from the park owner. In the event that the park owner intends to retain ownership and convert the park to a different use, all references to the “purchaser” refer to the park owner. Relocation cost: The reasonable cost of relocating a manufactured home due to the conversion of all or a portion of a manufacture home park to another use, the closure of a manufactured home park, or cessation of use of land as a manufactured home park as further detailed in M.S. § 327C.095.

If all or a portion of a manufactured home park is to be converted to another use, or is being closed or will cease being used as a manufactured home park, the park owner must prepare a closure statement and provide a copy of the statement to the Commissioners of Health and the Minnesota Housing Finance Agency, the City’s Planning Commission and a resident of each manufactured home where the residential use is being converted at least 12 months before the conversion or closure. The closure statement must include the following language in a font no smaller than 14 point: “YOU MAY BE ENTITLED TO COMPENSATION FROM THE MINNESOTA MANUFACTURED HOME RELOCATION TRUST FUND ADMINISTERED BY THE MINNESOTA HOUSING FINANCING AGENCY.”

The City's Planning Commission must submit the closure statement to the City Council and request that the City Council schedule a public hearing. The City will mail a notice to residents of each manufactured home in the park at least 10 days prior to the public hearing, stating the time, place, and purpose of the public hearing. The park owner shall provide the City with a list of the names and addresses of at least one resident of each manufactured home in the park at the time when the owner submits the closure statement to the City's Planning Commission.

A public hearing will be held by the City Council within 90 days of receipt of the closure statement to review the closure statement and evaluate any impact the park closing may have on the displaced residents and the park owner. At the time of, and in the notice for, the public hearing, displaced residents must be informed that they may be eligible for payments from the Minnesota manufactured home relocation trust fund under M.S. § 462A.35 as compensation for reasonable relocation costs. The City Council may also require that other parties, including the City, but excluding the park owner or its purchaser, involved in the park closing provide additional compensation to residents to mitigate the adverse financial impact of the park closing upon the residents. At the public hearing, the City Council will determine if any ordinance was in effect on May 26, 2007, that would provide compensation to displaced residents and provide this information to the third-party neutral to determine the applicable amount of compensation.

At the public hearing, the City Council must appoint a qualified neutral third party, to be agreed upon by both the manufactured home park owner and manufactured home owners, whose hourly cost must be reasonable and paid from the Minnesota manufactured home relocation trust fund. The neutral third party will act as a paymaster and arbitrator, with decision-making authority to resolve any questions or disputes regarding any contributions or disbursements to and from the Minnesota Manufactured Home Relocation Trust Fund by either the manufactured home park owner or the manufactured home owners. If the parties cannot agree on a neutral third party, the City Council may determine who will act as the neutral third party.

No person may construct, establish, conduct, operate or maintain a manufactured home park as defined in Minnesota Statutes (M.S.), §327.14, subd. 3, within the City of Fridley (City), without first obtaining a special permit as provided for in this Chapter.

1. Generally. A special permit to construct, establish, conduct, maintain and operate a manufactured home park may be issued when approved by the Fridley City Council (Council) after a finding by the Council that such manufactured home park complies with the standards, regulations, and requirements applicable thereto as established by the Department of Health and regulations applicable to manufactured home parks enacted by the City and State law. Any manufactured home park established in the City must be licensed by the Minnesota Department of Health. 2. Considerations. The Council, in making its permitting determination, may consider the effect of the manufactured home park on public health, safety and general welfare, the effect on community planning, aesthetic considerations for the neighborhood and property values. 3. Recommendations Required. An application for a manufactured home park permit must be made upon forms provided by the City and, when presented to the Council, must include the review and recommendations of the City Manager or their designee. 4. Site Size. Each site in a manufactured home park must have a minimum of 3,500 square feet for each trailer or manufactured home.

1. After the permit is issued, and the applicant’s manufactured home park license is approved by the Department of Health, no additional permit or fee may be required by the City. 2. The operation of a manufactured home park in the City without a valid permit issued by the City, a valid license issued by the Department of Health, or in violation of any law, regulation or standard is a violation of this Chapter. Each day a violation continues is a separate offense.

Violation of any law, regulation or standard applicable to any such manufactured home parks is cause for the suspension or revocation of their permit by the Council. Such violation will authorize the City to request the Department of Health suspend, revoke and deny the existing State license. Before the City moves forward with suspension or revocation of the permit, the City must give the licensee an opportunity to be heard during a hearing held by the Council. The licensee must be given at least 10 days prior notice of the hearing stating the alleged violation(s) and the action being considered.