Osseo City Zoning Code

CHAPTER 151

PROPERTY MAINTENANCE

§ 151.01 TITLE.

These regulations shall be known as the Property Maintenance Code of the City of Osseo, hereinafter referred to as this chapter or this code.

(Ord. 2009-3, passed 8-24-2009)

§ 151.02 PURPOSE.

The city finds that providing for public health, safety and welfare to its citizens mandates the existence of a residential dwelling unit permitting and inspection program that corrects substandard conditions and maintains a standard for all residential dwelling units.

(Ord. 2009-3, passed 8-24-2009)

§ 151.03 ADOPTION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE.

The 2018 International Property Maintenance Code, as promulgated by the International Code Council, Inc., is adopted by reference and incorporated into the city code in whole as if it was set out in full, subject to the amendments contained in this chapter.

(Ord. 2009-3, passed 8-24-2009; Am. Ord. 2022-02, passed 4-11-2022)

§ 151.04 AMENDMENTS TO INTERNATIONAL PROPERTY MAINTENANCE CODE.

The following amendments are made to the 2006 International Property Maintenance Code (IPMC):

(A) Section 101.1 Title. These regulations shall be known as the Property Maintenance Code of the City of Osseo, hereinafter referred to as "this code."

(B) Section 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy shall be done in accordance with the procedures and provisions of the Minnesota State Building Code (MSBC), established pursuant to M.S. Chapter 326B, as may be amended from time to time, as adopted by the city. Nothing in this code shall be construed to cancel, modify or set aside any provision of the MSBC or the City of Osseo Zoning Code.

(C) Section 102.7 Referenced codes and standards. The codes and standards referenced in this code shall be those listed in Chapter 8 of the IPMC, those listed in the MSBC, and considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply to the extent permitted by law and regulation.

(D) Section 103.1 General. The City Administrator or their designee is responsible for administering the provisions of this code, and the executive official in charge thereof shall be known as the Code Official.

(E) Section 103.2 Appointment. The Code Official shall be appointed by the City Council of the city.

(F) Section 103.5 Fees. The fees for activities and services performed in carrying out responsibilities under this code shall be in amounts set forth by the City Council.

(G) Section 106.4 Violation penalties. Any violation of a provision of this code, or failure to comply therewith, or failure to comply with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day a violation continues after due notice has been served shall be deemed a separate offense.

(H) Section 106.6 Execution of compliance orders by public authority. Upon failure to comply with a compliance order within the time set therein (and no appeal having been taken), or upon failure to comply with a modified compliance order within the time set therein, the criminal penalty established hereunder notwithstanding, the City Council, after due notice to the owner, may by resolution cause the cited deficiency to be remedied as set forth in the compliance order. The cost of such remedy shall be a lien against the subject real estate. Such a lien may be levied and collected as a special assessment in the manner provided by M.S. Chapter 429, as may be amended from time to time. It may be levied for any of the reasons set forth in M.S. § 429.101, Subd. 1, as may be amended from time to time, and specifically for the removal or elimination of public health or safety hazards from private property. It is the intent of this section to authorize the city to utilize all of the provisions of M.S. § 429.101, as may be amended from time to time, to promote the public health, safety and general welfare.

(I) Section 108.4 Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the Code Official shall post on the premises or on defective equipment a placard and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.

(J) Section 111. Not adopted.

(K) Section 112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than collectable by the city code.

(L) Section 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the MSBC and the City of Osseo Zoning Code, such terms shall have the meanings ascribed to them in those codes.

(M) Section 202 General definitions.

CODE OFFICIAL. The official charged with the administration and enforcement of this code, or any duly authorized representative.

UNSANITARY. Failure to maintain a property in such a manner that creates a danger or hazard to the health of persons occupying or frequenting it. Conditions caused by deterioration or improper installation, methods or materials of construction, equipment, lighting, heating, ventilation, or plumbing, or from existing conditions related to trash, debris, or moisture that may cause infestation or mold.

(N) Section 302.4 Weeds. Not adopted.

(O) Section 302.7.1 Gates. In accordance with the MSBC, gates required to be self-closing and self-latching shall be maintained such that, when released, they will positively close and latch.

(P) Section 302.8 Motor vehicles. Not adopted.

(Q) Section 302.9 Defacement of property. Not adopted.

(R) Section 304.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the MSBC or the International Existing Building Code as required for existing buildings:

(1) The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength;

(2) The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects;

(3) Structures or components thereof that have reached their limit state;

(4) Siding and masonry joints including joints between the building envelope and the perimeter of windows, doors and skylights are not maintained, weather resistant or water tight;

(5) Structural members that have evidence of deterioration or that are not capable of safely supporting all nominal loads and load effects;

(6) Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects;

(7) Exterior walls that are not anchored to supporting and supported elements or are not plumb and free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects;

(8) Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects;

(9) Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal loads and resisting all load effects;

(10) Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects;

(11) Overhang extensions or projections including, but not limited to, trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects;

(12) Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guards and handrails, are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects; or

(13) Chimneys, cooling towers, smokestacks and similar appurtenances not structurally sound or not properly anchored, or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects.

(14) Exceptions:

(a) When substantiated otherwise by an approved method.

(b) Demolition of unsafe conditions shall be permitted when approved by the Code Official.

(S) Section 304.14 Insect screens. During the period from May 15 to October 15, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch. Every swinging door shall also have a self-closing device in good working condition.

(T) Section 305.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the MSBC or the International Existing Building Code as required for existing buildings:

(1) The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength;

(2) The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects;

(3) Structures or components thereof that have reached their limit state;

(4) Structural members are incapable of supporting nominal loads and load effects;

(5) Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or are anchored with connections not capable of supporting all nominal loads and resisting all load effects;

(6) Foundation systems that are not firmly supported by footings are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects.

(7) Exceptions:

(a) When substantiated otherwise by an approved method.

(b) Demolition of unsafe conditions shall be permitted when approved by the Code Official.

(U) Section 403.4 Process ventilation. In accordance with the MSBC and the State Fire Code (SFC), where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at its source. Air shall be exhausted to the exterior and not be re-circulated to any space.

(V) Section 403.5 Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems, and shall be exhausted in accordance with the manufacturer's instructions and the State Mechanical Code (SMC).

(W) Section 502.3 Hotels. Not adopted.

(X) Section 504.1 General. All plumbing fixtures shall be properly installed and maintained in working order. They shall be kept free from obstructions, leaks and defects, capable of performing the functions for which they were designed. In accordance with the Minnesota State Plumbing Code (MSPC), all plumbing fixtures shall be maintained in a safe, sanitary and functional condition.

(Y) Section 505.1 Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to a public water system. In accordance with the MSPC, all kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with cold and hot or tempered running water.

(Z) Section 602.1 Facilities required. Heating facilities shall be provided in structures as required by this section and the MSBC.

(AA) Section 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68° F in all habitable rooms, bathrooms and toilet rooms. This is based on the winter outdoor design temperature for the locality indicated in the Minnesota State Energy Code (MSEC). Cooking appliances shall not be used to provide space heating to meet the requirements of this section.

(BB) Section 602.3 Heat supply. During the period from September 15 to May 15, every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a temperature of not less than 68° F in all habitable rooms, bathrooms, and toilet rooms.

EXCEPTION: When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required, provided that the heating system is operating at its full design capacity.

(CC) Section 602.4 Occupiable work spaces. When occupied during the period from September 15 to May 15, indoor occupiable work spaces shall be supplied with heat to maintain a temperature of not less than 68° F.

(DD) Section 603.5 Combustion air. In accordance with the Minnesota State Mechanical Code (MSMC), a supply of air shall be provided for complete fuel combustion and for ventilation of the space containing the fuel-burning equipment.

(EE) Section 604.1 Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section, Section 605 in the IPMC, and the National Electrical Code (NEC) as adopted by the MSBC.

(FF) Section 604.2 Service. In accordance with the NEC, the size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities. Dwelling units shall be served by a three-wire, 120/240-volt, single-phase electrical service with a rating of not less than 60 amperes.

(GG) Section 604.3.1.1 Electrical equipment. Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, surge protectors, molded case circuit breakers, low-voltage fuses, luminaires, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the NEC and the MSBC.

(HH) Section 604.3.2.1 Electrical equipment. Electrical switches, receptacles and fixtures, including furnace, water heating, security system and power distribution circuits, that have been exposed to fire, shall be replaced in accordance with the provisions of the NEC and the MSBC.

(II) Section 701. Scope. Under the provisions of this chapter, the Minnesota State Fire Code (MSFC) shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided.

(JJ) Section 702.2 Aisles. In accordance with the MSFC, the required width of aisles shall be unobstructed.

(KK) Section 702.3 Locked doors. All means of egress doors shall be readily capable of being opened from the side from which egress is to be made, without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the MSBC.

(LL) Section 702.4 Emergency escape openings. Required emergency escape and rescue openings shall be operational from the inside of the room, without the use of keys or tools. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings. However, such devices must provide a minimum net clear opening size that complies with the MSBC. They shall also be releasable or removable from the inside, without the use of a key, tool, or force greater than that required for the normal operation of the escape and rescue opening. Where such bars, grilles, grates or similar devices are installed in existing buildings, smoke detectors shall be installed in accordance with Section 704 in the IPMC.

(MM) Section 704.1 General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the MSBC.

(NN) Section 800. General references. Whenever this code refers to the International Codes, such references shall be deemed to be to the comparable applicable code as adopted by the State of Minnesota. Whenever this code refers to the International Zoning Code, such references shall be deemed to be the City of Osseo Zoning Ordinance.

(Ord. 2009-3, passed 8-24-2009; Am. Ord. 2016-3, passed 3-28-2016; Am. Ord. 2022-02, passed 4-11-2022)

§ 151.20 RENTAL HOUSING INSPECTION PROGRAM.

Sections 151.20 through 151.39 are herein referred to as "this subchapter."

(Ord. 2009-3, passed 8-24-2009)

§ 151.21 PURPOSE.

It is the purpose of this subchapter to protect the public health, safety and welfare of the residents of rental dwellings in the City of Osseo and to assist in providing that rental housing in the city is safe, sanitary and operated and maintained not to become a nuisance to the neighborhood and community. The operation of rental residential properties is a business enterprise that entails certain responsibilities.

(Ord. 2009-3, passed 8-24-2009)

§ 151.22 INTENT.

It is the intent of this subchapter that a mode of protecting and regulating the living conditions of citizens of the city be established; and that uniform standards be established and applicable for all rental dwellings in the city. This subchapter shall not be construed or interpreted to supersede or limit any other such applicable ordinance or law. This subchapter applies to all rental dwellings whether or not a valid license is in effect.

(Ord. 2009-3, passed 8-24-2009)

§ 151.23 DEFINITIONS.

For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.

CERTIFICATE OF COMPLIANCE. Document issued by the city, stating that the building has been inspected and is in compliance with applicable property maintenance codes and ordinances.

CITY. The City of Osseo or any authorized agent, officer, or employee of the City of Osseo.

CITY ADMINISTRATOR. The City Administrator or the City Administrator's designated agent.

DWELLING. A building or one or more portions thereof occupied or intended to be occupied for residence purposes; but not including rooms in motels, hotels, nursing homes, boarding houses, trailers, tents, cabins or trailer coaches.

GENERAL HOUSING UNIT. A dwelling other than an apartment, including but not limited to a townhouse, condominium, double bungalow, residential zero lot line (split double), single family or tri-plex.

LARGE APARTMENT. A community, complex, or building having a common owner and containing ten or more living units.

LET FOR OCCUPANCY or TO LET. To permit possession or occupancy of a dwelling or living unit by a person who is not the legal owner of record thereof, pursuant to a written or unwritten lease, or pursuant to a recorded or unrecorded agreement whether or not a fee is required by the agreement.

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

OCCUPANT. Any person living or sleeping in a dwelling or living unit; or having possession of a space within a dwelling or living unit.

OPERATE. To let for occupancy or to let.

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

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

PERSON. An individual, corporation, firm, association, company, partnership, organization or any other group acting as a unit.

RENT. To let for occupancy or to let.

RENTAL DWELLING. Any apartment or general housing living unit or other living unit let for occupancy.

SMALL APARTMENT. A community, complex, or building having a common owner containing two to nine living units.

STRUCTURE. Anything constructed or erected on, or connected to the ground.

(Ord. 2009-3, passed 8-24-2009)

§ 151.24 LICENSE REQUIRED.

It is unlawful to operate a rental dwelling in the city without first having obtained a license from the city. Each general housing unit and each apartment complex must register annually with the city. No license is required under this subchapter when an owner occupies a living unit as a permanent residence. Failure to obtain a rental license may result in the issuance of administrative citations and fines and any other civil or criminal penalties available to the city.

(Ord. 2009-3, passed 8-24-2009) Penalty, see § 151.99

§ 151.25 LICENSE PERIOD.

Rental housing licenses are valid from April 1 through March 31 of the following year.

(Ord. 2009-3, passed 8-24-2009; Am. Ord. 2022-02, passed 4-11-2022)

§ 151.26 FEES.

License fees are in the amount set by the Council.

(Ord. 2009-3, passed 8-24-2009)

§ 151.27 APPLICATION.

All applications must specify the following:

(A) Property owner's name, mailing address, email address, telephone number, owning partners if a partnership, and corporate officers if a corporation.

(B) Operator, property management company, property manager, or property managing officer (if applicable) name, mailing address, email address, and telephone number.

(D) The street address and unit numbers, if applicable, of the rental dwelling.

(E) The number and type of living units within the rental dwelling.

(F) The type of structure to be licensed.

(Ord. 2009-3, passed 8-24-2009; Am. Ord. 2022-02, passed 4-11-2022)

§ 151.28 LICENSE TRANSFER.

No licensee has the right to transfer a license to any other person or property.

(Ord. 2009-3, passed 8-24-2009) Penalty, see § 151.99

§ 151.29 DISPLAY OF LICENSE.

Rental licenses must be posted in every rental dwelling. The license for each apartment building must be conspicuously posted at or near the front entrance, a public corridor, hallway or lobby of the apartment building for which it is issued. The annual license for general housing units must be posted within the dwelling.

(Ord. 2009-3, passed 8-24-2009) Penalty, see § 151.99

§ 151.30 REPORT CHANGES IN OWNERSHIP.

Licensees must report to the city any change in the identity of the owner of a rental dwelling, including a change in the majority shareholder or shareholders and officers in the case of corporations. Licensees must report a change in ownership within 30 days of such change or changes.

(Ord. 2009-3, passed 8-24-2009) Penalty, see § 151.99

§ 151.31 TENANT REGISTER.

Licensees must, as a continuing obligation of a license, maintain a current register of tenants and other persons who have a lawful right to occupancy of rental dwellings within an apartment. In its application, the licensee must designate the person or persons who will have possession of the register and must promptly notify the city of any change of the identity, address or telephone numbers of such persons. The register must be available for inspection by the city at all times.

(Ord. 2009-3, passed 8-24-2009) Penalty, see § 151.99

§ 151.32 RESPONSIBILITY FOR ACTS OF MANAGER.

Licensees are responsible for the acts or omissions of their managers and operators.

(Ord. 2009-3, passed 8-24-2009)

§ 151.33 NO RETALIATION.

No licensee shall evict, threaten to evict or take any other punitive action against any tenant who by reason of good faith makes calls to law enforcement agencies relating to criminal activity, suspected criminal activity, suspicious occurrences or public safety concerns. This section shall not prohibit the eviction of tenants for unlawful conduct of a tenant or invitee of the tenant or violation of any rules, regulations or lease terms other than a prohibition against contacting law enforcement agencies.

(Ord. 2009-3, passed 8-24-2009) Penalty, see § 151.99

§ 151.34 POINT OF CONVERSION INSPECTION.

Whenever a dwelling is converted to a licensed rental dwelling, the dwelling shall be licensed and inspected for compliance with the minimum standards set forth in § 151.03 of this code. The fee for the conversion required by this section shall be in the amount set by the City Council. This fee shall be in addition to the annual rental license fee. This provision shall not apply to apartment buildings.

(Ord. 2009-3, passed 8-24-2009)

§ 151.35 CONDUCT ON RENTAL PROPERTY.

(A) It is the responsibility of the owner/licensee to see that persons occupying a rental dwelling conduct themselves in such a manner as not to cause the premises to be disorderly. For purposes of this section, a rental dwelling is disorderly when any of the following types of conduct occur under any of the following provisions:

(1) A violation of any provision of Chapters 93 and 94 of this code (public health, safety, nuisances, and animals).

(2) A violation of any law relating to the possession of controlled substances as defined in M.S. §§ 152.01 et seq., as may be amended from time to time.

(3) A violation of any law relating to disorderly conduct as defined in M.S. § 609.72, as may be amended from time to time.

(4) A violation of any provision of Chapter 113 of this code (liquor regulations) or laws relating to the sale of intoxicating liquor as defined in M.S. §§ 340A.701, 340A.702 or 340A.703, as may be amended from time to time.

(5) A violation of any law relating to prostitution or acts relating to prostitution as defined in M.S. § 609.321, Subd. 9 and 609.324, as may be amended from time to time, housing individuals engaged in prostitution.

(6) A violation of any law relating to unlawful use or possession of a firearm as defined in M.S. §§ 609.66 et seq., as may be amended from time to time, on the licensed premises.

(7) A violation of any law relating to assaults in M.S. § 609, as may be amended from time to time.

(8) A violation of any law relating to contributing to the need for protection or services or delinquency of a minor as defined in M.S. § 260C, et seq., as may be amended from time to time.

(9) A violation of M.S. § 609.33, as may be amended from time to time, relating to owning, leasing, operating, managing, maintaining or conducting a disorderly house or inviting or attempting to invite others to visit or remain in a disorderly house.

(10) A violation of M.S. § 609.50, as may be amended from time to time, which prohibits interference with a police officer.

(11) A violation of M.S. § 609.713, as may be amended from time to time, which prohibits terroristic threats.

(12) A violation of M.S. § 609.715, as may be amended from time to time, which prohibits presence of unlawful assembly.

(13) A violation of M.S. § 609.71, as may be amended from time to time, which prohibits riot.

(14) A violation of M.S. §§ 609.226 and 347.56, as may be amended from time to time, relating to dangerous dogs.

(15) A violation of M.S. § 609.78, as may be amended from time to time, which prohibits interfering with "911" phone calls.

(16) A violation of M.S. §§ 609.75 through 609.76, as may be amended from time to time, which prohibits gambling.

(17) A violation of M.S. § 243.166, as may be amended from time to time, (Predatory Offender Registration).

(18) A violation of M.S. § 609.229, as may be amended from time to time, (Crime committed for benefit of a gang).

(19) A violation of M.S. § 609.26, Subd. 1(8), as may be amended from time to time, (causing or contributing to a child being a runaway).

(20) A violation of M.S. § 609.903, as may be amended from time to time, (Racketeering).

(B) Conduct enforcement. The City Administrator and the City Council are responsible for enforcement and administration of this section.

(C) Upon determination by the City Administrator that a rental dwelling was used in a disorderly manner, as described in division (A) of this section, the City Administrator must give notice to the owner/licensee of the violation and direct that steps be taken to prevent further violations.

(D) If a second instance of disorderly use of a rental dwelling occurs within the 12-month period following an incident for which a notice in division (C) of this section was given, the City Administrator must notify the owner/licensee of the violation and must also require the owner/licensee to submit a written report of the actions taken, and proposed to be taken to prevent further disorderly use. This written report must be submitted to the City Administrator within ten business days of receipt of the notice of disorderly use and must detail all actions taken by the owner/licensee in response to all notices of disorderly use within the preceding 12 months.

(E) (1) If a third instance of disorderly use of a rental dwelling occurs within the 12-month period following any two previous instances of disorderly use for which notices were given, the City Administrator must notify the owner/licensee of the violation and must also require the owner/licensee to submit a written report of the actions taken, and proposed to be taken, to prevent further disorderly use. The 12-month period begins on the date of the police report generated in response to the first instance of disorderly use. The written report must be submitted to the City Administrator within ten business days of receipt of the notice of disorderly use and must detail all actions taken in response to all notices of disorderly use within the preceding 12 months.

(2) After the third instance of disorderly use, the City Administrator may deny, revoke, suspend or not renew the license for the premises. Before such an action, the City Administrator must give to the owner/licensee written notice of a hearing before the City Council to consider such denial, revocation, suspension or non-renewal. Such written notice must specify all violations of this section, and must state the date, time, place and purpose of the hearing. The hearing must be held no less than ten days and no more than 30 days after giving such notice.

(3) Following the hearing, the city may deny, revoke, suspend or decline to renew the license for all or any part or parts of the rental dwelling or may grant a license upon such terms and conditions as is deemed necessary to accomplish the purposes of this section.

(4) Appeal. Following receipt of a decision by the city to deny, revoke, suspend, or not renew a license, the owner/licensee may request a hearing before the City Council. The request must be made in writing to the City Administrator within ten days of the city's decision.

(5) Upon a decision to revoke, suspend, deny or not renew a license for violations of this section, the owner/licensee will not be eligible for any new rental licenses for a period determined by the City Administrator, but not to exceed one year. Any person who has had two or more licenses revoked, suspended, denied or not renewed for violations of this section, will not be eligible for any new rental licenses for a period determined by the City Administrator, but not to exceed two years.

(F) No adverse license action shall be imposed where the instance of disorderly use occurred during the pendency of eviction proceedings (unlawful detainer) or within 30 days of notice given to a tenant to vacate the premises where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction proceedings are not a bar to adverse license action, however, unless they are diligently pursued by the licensee.

(G) A determination that a rental dwelling has been used in a disorderly manner as described in division (A) of this section shall be made upon a fair preponderance of the evidence to support such a determination. It is not necessary that criminal charges be brought in order to support a determination of disorderly use nor does the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this section.

(H) All notices given by the city under this section must be personally served on the owner/licensee, sent by certified mail to the owner/licensee's last known address or, if neither method of service effects notice, by posting on a conspicuous place on the rental dwelling.

(I) Enforcement actions provided in this section are not exclusive, and the city may take any action with respect to a licensee, a tenant, or a rental dwelling as is authorized by the City Code, state or federal law. The city may postpone or discontinue any enforcement action, including an action to deny, revoke, suspend, or not renew a license, if it appears that the owner/licensee has taken appropriate measures to prevent further instances of disorderly use.

(Ord. 2009-3, passed 8-24-2009) Penalty, see § 151.99

§ 151.36 LANDSCAPE CONDITION.

Each rental dwelling must be maintained by its owner, occupant, or operator so that the yards, open spaces and parking facilities are kept in a safe and attractive condition. Where a conditional use permit has been granted, the landscaping shown on the approved landscaping plan is considered as minimal and must be maintained accordingly. Any deviation to species or material shall be equal to or better than originally approved. In addition, adequate lighting facilities must be provided and operated between the hours of sunset and sunrise; and snow plowing or snow shoveling must be regularly accomplished to maintain all sidewalk and parking areas in a safe and passable condition.

(Ord. 2009-3, passed 8-24-2009) Penalty, see § 151.99

§ 151.37 SAFETY FROM FIRE.

An owner or operator of a rental dwelling is responsible to comply with the applicable provisions of Chapter 91 of this Code in keeping open all fire lanes established by the city.

(Ord. 2009-3, passed 8-24-2009) Penalty, see § 151.99

§ 151.38 ENFORCEMENT.

(A) Responsibility. It is the responsibility of the owner and operator/manager to be in compliance with this subchapter, other city ordinances and state laws.

(B) Maintenance standards. Every rental dwelling must maintain the standards in this property maintenance chapter, in addition to any other requirement of the ordinances of the city or special permits issued by the city, or the laws of the State of Minnesota.

(1) The City Administrator is authorized to make inspections to enforce this subchapter.

(2) All designated agents authorized to inspect have the authority to enter, at all reasonable times, any rental dwelling. Prior to entering a rental dwelling, the designated agent must first present proper credentials and request entry. If any owner, operator, occupant or other person(s) in charge of a rental dwelling fails or refuses to permit access and entry to the rental dwelling, or any part thereof, the designated agent may, upon showing that probable cause exists for the inspection and for the issuance of an order directing compliance with the inspection requirements of this section, petition and obtain such order from a court of competent jurisdiction in order to secure entry.

(3) Compliance orders must be written in accordance with § 151.03 of this Code.

(4) There shall be no fee charged for an initial inspection to determine the existence of a housing maintenance code violation, nor any fee for the first re-inspection to determine compliance with an order to correct a housing maintenance code violation.

(a) A fee shall be charged for each subsequent re-inspection occurring after the due date for compliance with an order, as determined by the city. The amount of the re-inspection fee will be set by resolution of the Council.

(b) The re-inspection fees prescribed above are to be billed directly to the owner or operator/manager for the property upon completion of any re-inspection for which a fee is required. Failure to pay such fees is grounds for revocation, suspension, or non-issuance of a rental dwelling license. This subdivision is not to be considered the exclusive method of collecting re-inspection fees and does not preclude collection by other lawful means.

(c) Every notice of violation and order to correct housing code violations must contain a clear and conspicuous explanation of the policy in this section requiring re-inspection fees for subsequent re-inspection.

(d) The City Administrator may waive a re-inspection fee in case of error, mistake, injustice, or other good cause.

(D) Revocation, suspension, denial or non-renewal of license.

(1) The City Administrator may revoke, suspend, deny or decline to renew any license issued under this subchapter for part or all of a rental dwelling upon any of the following grounds:

(a) False statements on any application or other information or report required by this subchapter to be given by the applicant or licensee;

(b) Failure to pay any application, penalty, re-inspection or reinstatement fee required either by this section or City Council resolution;

(d) Failure to allow an authorized inspection of a rental dwelling;

(e) Violation of an owner's duties under M.S. §§ 299C.66 to 299C.71, as may be amended from time to time, ("Kari Koskinen Manager Background Check Act");

(f) Any other violation of this subchapter.

(2) Before the City Administrator may revoke, suspend, deny or not renew a license, written notice must be sent to the applicant or owner/licensee setting forth the alleged grounds for the potential action. The notice must also specify a date for a hearing before the City Council, which must not be less than ten days from the date of the notice. At the hearing, the owner/licensee may present witnesses in their defense.

(3) After revocation, denial or non-renewal of a license, the owner/licensee will not be eligible for any new rental license for a period determined by the City Administrator, but not to exceed one year.

(4) A decision to revoke, suspend, deny or not renew a license or application will specify the part or parts of the rental dwelling to which it applies. Until a license is reissued or reinstated, no rental unit becoming vacant in such part or parts of the rental dwelling may be relet or occupied. Revocation, suspension or non-renewal of a license will not excuse the owner/licensee from compliance with all terms of this section for as long as any unit in the rental dwelling is occupied.

(5) Failure to comply with all terms of this section during the term of revocation, suspension or non-renewal is a misdemeanor and grounds for extension of the term of revocation, suspension or continuation of non-renewal of the license.

(6) Appeal. Following receipt of a decision by the City Administrator to deny, revoke, suspend, or not renew a license, the owner/licensee may request a hearing before the City Council. The request must be made in writing to the City Administrator within ten days of the City Administrator's decision.

(E) [Reserved].

(F) Summary action.

(1) When the conduct of any owner/licensee or their agent, representative, employee or lessee or the condition of their rental dwelling is detrimental to the public health, sanitation, safety and general welfare of the city at large or residents of the rental dwelling as to constitute a nuisance, fire hazard or other unsafe or dangerous condition and thus give rise to an emergency, the City Administrator has the authority to summarily condemn or close off individual units or such areas of the rental dwelling. Notice of summary condemnation must be posted at the location of the rental dwelling license and at the units or areas affected and shall indicate the units or areas affected. Upon notice of summary condemnation, the City Administrator may deny, revoke, suspend or decline to renew the license for all or any part or parts of the rental dwelling or may impose terms and conditions as necessary to remedy the nuisance, fire hazard, or other unsafe or dangerous condition.

(2) Any person aggrieved by a decision or action of the City Administrator under division (F) shall be entitled to appeal to the City Council by filing a notice of appeal in the office of the City Administrator. The appeal must be filed within ten days of the City Administrator's decision. The City Administrator will schedule a date for a hearing before the City Council and notify the aggrieved person of the date.

(3) The hearing must be conducted in the same manner as if the aggrieved person had not received summary action.

(4) The decision of the City Administrator is not voided by the filing of such appeal. Only after the Council has held its hearing will the decision or action of the City Administrator be affected.

(G) Posting of unlicensed properties. Any dwelling found in violation of § 151.23 of this subchapter may be posted with a placard near or upon the main entrance of the dwelling and must be substantially in the following form:

NOTICE

Property Address

This property is in violation of Osseo Ordinance Section 151.24, License Required. Failure to obtain a rental license will result in legal action. Any unauthorized person removing or defacing this notice will be prosecuted.

City of Osseo...Designated Agent, Title...Date

(Ord. 2009-3, passed 8-24-2009)

§ 151.39 REMOVAL OF SNOW AND ICE.

The owner of any rental dwelling is responsible for the removal of snow and ice from parking lots, driveways, steps and walkways on the premises and from sidewalks adjacent to or abutting the premises. Individual snowfalls of three inches or more, or successive snowfalls accumulating to a depth of three inches must be removed from parking lots and driveways within 48 hours after the cessation of the snowfall. All snow and ice must be removed from steps and walkways on the premises and from sidewalks adjacent to or abutting the premises within 24 hours of the deposit of the snow or ice.

(Ord. 2009-3, passed 8-24-2009; Am. Ord. 2010-5, passed 10-25-2010) Penalty, see § 151.99

§ 151.99 PENALTY.

Any violation of any provision of §§ 151.20 et seq. is a misdemeanor. Each day a violation continues shall be a separate offense.