HomeMy WebLinkAbout0420 Ord (Housing Code)•
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ORDINANCE NO. 420
THE HOUSING CODE OF THE CITY OF STILLWATER, MIDNESOTA.
HOUSING CODE; An Ordinance to promote Public Health, Establishing and requir-
ing Compliance with Minimum Standards of Housing and Housing Equipment, Appoint-
ment of a Housing Authority and prescribing Penalties for violation thereof.
The City Council of the City of Stillwater Ordains:
All references herein and in this Housing Code Ordinance to the Department of
Health shall be interpreted as synonomous to the city Board of Health of the
City of Stillwater.
A Housing Authority shall be appointed consisting of 5 members, one of which
shall be appointed as chairman and one shall be appointed as Secretary. Their
duties shall be to work with the City Board of Health in the enforcement of the
Housing Code and other duties as requested by the City Council.
Section 1. Declaration of policy. The City Council declares that the pur-
pose of this ordinance is to protect, preserve, and promote the physical and
mental health of the people, investigate and control communicable diseases, reg-
ulate privately and publicly owned dwellings for the purpose of sanitation and
public health, and protect the safety of the people and promote the general wel-
fare by legislation which shall be applicable to all dwellings now in existence
or hereafter constructed and which: (1) establishes minimum standards for basic
equipment and facilities for light, ventilation and heating, for safety from
fire, for the use and location, and amount of space for human occupancy, and
for safe and sanitary maintenance: (2) determines the responsibilities of owners,
operators and occupants of dwellings: and (3) provides for the administration
and enforcement thereof.
Section 2. Title. This ordinance shall be known and may be cited as the
Public Health Housing Code.
Section 3. Interpretation. In interpreting and applying the provisions of
this Ordinance, they shall be held to be the minimum requirements for the promo-
tion of the public health, safety, morals, convenience and general welfare.
w here the provisions of this Ordinance impose greater restrictions than those
of any statute, other ordinance or regulation, the provisions of this Ordinance
shall be controlling. Where the provisions of any statute, other ordinance or
regulation impose greater restriction than this Ordinance, the provisions of such
statute, other ordinance or regulation shall be controlling.
Section 4. Definitions. The following definitions shall apply in the inter-
pretation and enforcement of this ordinance and the following words and terms
wherever they occur in this ordinance are defined as follows:
"Approved" means constructed, installed, and maintained in accordance with
this ordinance or other pertinent ordinances of the City.
"Basement" :.:eans a story of a building or structure located partly under-
ground.
"Dwelling" means any building which is wholly or partly used or intended to
be used for living or sleeping by human occupants, except temporary housing.
"Dwelling Unit" means any room or group of rooms located within :. dwelling
and forming a single habitable unit with facilities which are used or intended
to be used for living, sleeping, cooking, eating and a part of which is exclu-
sively or occa_ionally appropriated to cookery.
"Extermination" means the control and elimination of insects, rodents, vermin
or other pests by eliminating their harborage places; by removing or making in-
accessible materials that may serve as their food; or by poisoning, spraying,
fumigating, trapping or similar means.
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"Garbage" means the animal and vegetable waste resulting from the
handling, preparation, cooking or consumption of food.
"Habitable Room" means a room designed to be used for living, sleep-
ing, eating or cooking, excluding bathrooms, toilet compartments, closets,
halls and storage places.
"Health Officer" means the Health Officer of the City or his deputy.
"Hotel" means any dwelling, or that part of any dwelling, containing
one or more rooming units in which space is let to three or more persons
who are transients or permanent guests.
"Infestation" means the presence, within or around a dwelling, of
insects, rodents, vermin or other pests of such kind or in such numbers
as to cause a hazard to health.
"Multiple Dwelling" means any dwelling containing more than two dwell-
ing units.
"Occupant" means any person over two years of age, living, sleeping,
cooking or eating in, or having actual possession of a dwelling unit or
rooming unit.
"Operator" means any person, whether the owner or not, who manages or
controls any dwelling, or part thereof, in which dwelling units or rooming
units are let.
"Owner" means any person who, alone or jointly or severally with others:
(a) has record legal title to any dwelling or dwelling unit, with
or without accompanying actual possession thereof;
(b) acts as the agent of the person holding the record legal title
of any dwelling nr dwelling unit; or
(c) is the person representative or fiduciary of an estate through
which the record legal title to the real property in which any
dwelling or dwelling unit is administered.
"Person" means a natural person for purposes of the occupancy standards
hereof and for other purposes means a natural person or legal entity.
"Rooming Unit" means any room or group of rooms forming a single habit-
able unit used or intended to be used for living and sleeping, but no part
of which is exclusively or occasionally appropriated to cookery.
"Rooming House" means any dwelling, or that part of any dwelling, con-
taining one or more rooming units in which space is let to three or more per-
sons who are permanent guests.
"Rubbish" means combustible and noncombustible waste materials, house-
hold and yard debris, and ashes.
"Supplied" means paid for, furnir;hed, provided by, or under the control
of the owner or operator.
"Temporary Housing" means any tent, trailer coach, or other structure
used for human shelter which is designed to be transportable and which is
not attached to the ground, to another structure, or to any utilities system,
ur which is situated in a licensed trailer park.
Section 5. Inspection. For the purpose of determining compliance with the
provisions of this article, the Health officer is hereby authorized and di-
rected to make inspections to determine the condition, use and occupancy of
dwellings, dwelling units, rooming units, and the premises upon which the
same are located. For the purpose of making such inspections, the Health Of-
ficer is hereby authorized to enter, examine and survey all dwellings, dwell-
ing units, rooming units and premises upon which the same are located, at
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all reasonable times. The owner, operator and occupant of every dwelling,
dwelling unit, and rooming unit shall give the Health officer free access
to such dwelling, dwelling unit or rooming unit and its premises for the
purpose of such inspection, examination and survey. Every occupant of a
dwelling shall give the owner thereof, or his agent or employee, access to
any part of such dwelling or its premises, at all reasonable times, for the
purpose of making such repair, or alterations as are necessary to effect com-
pliance with the provisions of this ordinance.
Section 6. Enforcement of Housing Code.
(a)
Notice of Violation. Except in those instances to which
section 13 hereof is applicable, whenever the Health Officer
determines that there has been a violation of any one or more
provisions of this ordinance he shall give notice of such al-
leged violation to the person or persons who are or may be
responsible therefor, as enumerated in (4) below. Such notice
shall:
(1) be in writing:
(2) particularize the violation or violations alleged to
exist or to have been committed:
(3) provide a reasonable time, but not less than 30 days in
any event, for the correction of the violation or viola-
tions particularized; and
(4) be addressed to and served upon the owner of the property,
the operator of the dwelling, and the occupant of the dwell-
ing unit or the rooming unit concerned, if the occupant is
or may be responsible for the violation.
Service shall be as provided for personal service by the rule of Civil pro-
cedure for courts of record in Minnesota rr by registered or certified mail,
return receipt requested, delivered to the addressee only. If service is made
by registered or certified mail the Health Officer shall make a record giving
details regarding the mailing. If one or more persons to whom the notice is
addressed cannot be found or served after diligent effort so to do, service
may be made upon such person or persons by posting a notice in a conspicuous
place in or about the dwelling affected by the notice, in which event the
Health Officer shall include in the record a statement as to why such posting
was necessary.
(b) Appeal to the City Council. Any person affected by a notice
issued hereunder, who is aggrieved thereby, and who believes
the same to be factually or legally contrary to the ordinances
of the City, may within 15 days after service of the same,
appeal therefrom to the City Council by filing a written appeal
in the office of the City Clerk, and such appeal shall be heard
by the Council within 30 days after it was filed. Notice of the
date, time and place of such hearing shall be given to the appel-
lant in the same manner as notice of the violation.
(c) Effect of Appeal. The taking of an appeal shall, during the pen-
dency thereof, have the effect of restraining the Health Officer
or any other officer of the city from proceeding in any manner
upon the asserted violation or violations.
(d) Hearing. The appellant or his attorney shall have the opportu-
nity to be heard at the hearing, whereupon the Council may:
(1) affirm or deny the existence of any violation or viola-
tions as alleged, in whole or in part; and
(2) if a violation has been found to exist, confirm or modi-
fy the extent of the correction required, and the time
within which the correction must be made.
(e) Correction of Violation by City and Assessment of Cost. In all
cases of violation of this ordinance to which Minnesota Statutes,
Sections 145.22 and 145.23 are applicable, the Health Officer
may proceed as therein provided to abate or remove the violation
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and, if deemed necessary, to have the cost thereof specially assessed against en
the lot or parcel where the violation was located. In suitable cases, said Q
statutory remedies and procedure may be used either concurrently with, or se- D6,
parate from, the procedures prescribed in this ordinance.
Section 7. Minimum Standards for Basic Equipment and Facilities. No
person shall occupy or let to another for occupancy any dwelling unit which
does not comply with the following requirements:
(a) Every dwelling unit shall contain a kitchen sink in good work-
ing condition and properly connected to an approved water and
sewer system.
(b) Every dwelling unit (except as otherwise permitted by para-
graph (e) hereof) shall contain a room which affords privacy
to a person within said room and which is equipped with a
flush water closet in good working condition and properly con-
nected to an approved water and sewer system.
(c) Every dwelling unit (except as otherwise permitted by para-
graph (e) hereof) shall contain within its walls a lavatory
basin in good working condition, properly connected to an
approved water and sewer system and located in the same room
as the required flush water closet, or as near to that room
as practicable.
(d) Every dwelling unit (except as otherwise permitted by para-
graph (e) hereof) shall contain, within a room which affords
privacy to a person within said room, a bathtub or shower in
good working condition and properly connected to an approved
water and sewer system.
(e) The occupants of not more than two dwelling units may share
a single flush water closet, a single lavatory basin and a
single bathtub or shower, provided that the following condi-
tions are satisfied:
(1) Neither of the two dwelling units can accommodate more
than two occupants:
(2) Such water closet, lavatory basin, and bathtub or
shower are in good working condition and properly con-
nected to the water and sewer system, and are accessi-
ble to the occupants of one dwelling unit without
passing through any sleeping room of the other dwelling
unit;
(3) Such dwelling units are in the same building, arranged
so that the occupants of neither unit are required to
go outdoors to reach the facilities.
(f) Every kitche:. sink, lavatory basin and bathtub or shower re-
quired under the provisions of paragraph (a), (c), (d) and (e)
hereof shall be connected with both hot and cold water lines
in an approved manner.
(g) Every dwelling unit shall be supplied with rubbish storage fa-
cilities whose type and location are approved.
(h) Every dwelling unit shall have adequate garbage disposal facil-
ities or garbage storage containers whose type and location are
approved.
(i)
Every dwelling shall have water -heating facilities which are in-
stalled in an approved manner, are maintained and operated in
safe and good working condition, are properly connected with
the hot water lines required under the provisions of paragraph
(f) hereof, and are capable of heating water to such a tempera-
ture as to permit an adequate amount of water to be drawn at
every required kitchen sink, lavatory basin, bathtub or shower
at a temperature of not less than 120 degrees Fahrenheit.
Such water -heating facilities shall be capable of meeting the
reeeirenents of this section when the heating facilities re-
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quired under the provisions of Section 8 (b) are not in
operation.
(j) Every dwelling unit shall have safe and unobstructed means
of egress from the unit or units which comply with the exist-
ing provisions of the current City Building Code (or as amended).
Section 8. Minimum Standards for Light, Ventilation and Heating.
No person shall occupy or let to another for occupancy any
dwelling or dwelling unit for the purpose of living therein,
which does not comply with the following requirements:
(a) Every habitable room in a dwelling or dwelling unit shall be pro-
vided with light and ventilation in accordance with the City
Building Code. In addition, every public hall or stairway in or
leading into every multiple dwelling shall have a minimum of 10
foot candles of illumination, measurable with a standard light
meter at floor level in halls and tread levels on stairways, at
all times when the structure is occupied.
(b) Every dwelling and dwelling unit shall have heating facilities
which are installed in an approved manner and are maintained in
safe and good working condition. and are capable of safely and
adequately heating all habitable rooms, bathrooms and water
closet compartments located therein to a temperature of at least
70 degrees Fahrenheit at a distance three feet above floor level.
when the temperature outside is minus 20 degrees Fahrenheit.
Such heating equipment shall be operated as reasonably necessary
to maintain a temperature in all habitable rooms of 70 degrees
Fahrenheit.
(c) Every dwelling shall be supplied with electricity and shall meet
the requirements established by the current City Electrical Code.
(d) During the portion of each year when the Health Officer finds it
necessary to protect against mosquitos, flies and other insects,
which are of such kind and occur in such numbers as to cause a
hazard to health, every door opening directly from a dwelling to
outdoor space shall have a screen door with a self -closing device,
and every window or other device with openings to outdoor space
used or intended to be used for ventilation, shall likewise be
supplied with screens.
Section 9. General Requirements Relating to the Safe and Sanitary Main-
tenance of Parts of Dwellings and Dwelling Units. No person
shall occupy or let to another for occupancy any dwelling or
dwelling unit which does not comply with the following require-
ments:
(a) Every foundation, exterior wall and roof shall be substantially
weathertight, water -tight, and rodent proof and shall be kept
in sound condition and good repair.
(b) Every floor, interior wall and ceiling shall be kept in sound
condition and good repair.
(c) Every window, exterior door, and basement hatchway shall be
reasonably watertight, weathertight, and rodent proof and shall
be kept in sound working condition and good repair.
(d) Every inside and outside stairway shall be maintained in safe
and sound condition and good repair.
(e) Every plumbing fixture and water and waste pipe shall be installed
in an approved manner and maintained in good sanitary working con-
dition, free from defects, leaks and obstructions.
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(f) Every water closet compartment floor surface and bathroom
floor surface shall be constructed and maintained so as to
be reasonably impervious to water and so as to permit such
floor to be easily kept in a clean and sanitary condition.
(g) Every facility, piece of equipment, or utility which is re-
quired under this ordinance shall be so constructed and in-
stalled that it will function safely and effectively, and
shall be maintained in satisfactory working condition.
(h) No owner, operator, or occupant shall cause any service, fa-
cility, equipment or utility which is required under this
ordinance to be removed from, shut off, or discontinued in
any occupied dwelling or dwelling unit except for such tem-
porary interruption as may be necessary while actual repairs
or alterations are in process, or during temporary emergen-
cies.
Section 10. Minimum Space, Use and Location Requirements.
(a)
No person shall occupy or let to another for occupancy any
dwelling or dwelling unit which does not comply with the follow-
ing requirements;
(1) It shall contain at least 150 square feet of floor
area for the first occupant thereof and at least
100 additional square feet of floor space for every
additional occupant thereof, the floor space to be
calculated on the basis of total habitable rocs,
area, provided that non -habitable area shall be
counted in determining the maximum permissible oc-
cupancy up to ten percent of the total habitable area.
(2) At least one-half of the floor area of every habit-
able room shall have a ceiling height of at least
seven feet; and the floor area of that part of any
room where the ceiling height is less than five feet
shall not be considered as part of the floor area in
computing total floor area of the room for the pur-
pose of determining the maximum permissable occu-
pancy thereof.
(b) No basement space shall be let as an habitable room and no
basement space shall be used as a dwelling unit or rooming
unit unless:
(1) The floor and walls are impervious to leakage of
underground and surface runoff water.
(2) The total amount of light furnished in each room is
equal to at least the minimum amount of light as re-
quired in the City Electrical Code, and
(3) The facilities for ventilation in each room are equal
to at least the minimum as required in the City of
Stillwater Building Code.
Section 11. Responsibilities of Owners and Occupants.
(a) Every owner of a dwelling containing two or more dwell-
ing units shall be responsible for maintaining in a
clean and sanitary condition the shared or public areas
of the dwelling and premises thereof.
(b) Every occupant of a dwelling or dwelling unit shall
keep in a clean and sanitary condition that part of the
dwelling, dwelling unit and premises thereof which he
occupies and controls.
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(c) Every occupant of a dwelling or dwelling unit shall dispose of
all his garbage and other organic waste which might provide food
for insects and rodents, in a clean and sanitary manner, by plac-
ing it in the garbage disposal facilities or garbage storage con-
tainers required by Section 7, paragraph (h).
(d) Every occupant of a dwelling unit shall keep all plumbing there-
in in a clean and sanitary condition and shall be responsible
for the exercise of reasonable care in the proper use and opera-
tion thereof.
(e) Every occupant of a dwelling containing a single dwelling unit
shall be responsible for the extermination of any insects, rodents,
or other pests therein or on the premises; and every occupant of
a dwelling unit in a dwelling containing more than one dwelling
unit shall be responsible for such extermination whenever his
dwelling unit is the unit primarily infested. Notwithstanding the
foregoing provisions of this paragraph, whenever infestation is
caused by a failure of the owner or operator to maintain a dwell-
ing in a ratproof or reasonably insect proof condition, extermina-
tion shall be the responsibility of the owner and operator. When-
ever infestation exists in two or more of the dwelling units in
any dwelling, or in the shared or public parts of any dwelling,
containing two or more dwelling units, extermination thereof shall
be the responsibility of the owner and operator.
Section 12. Rooming Houses. No person shall operate a rooming house. or
shall occupy or let to another for occupancy any rooming unit,
except in compliance with all the applicable provisions of this
article and the following provisions:
(a) There shall be supplied at least one flush water closet, lavatory
basin, and bathtub or shower, properly connected to a water and
sewer system in an approved manner and maintained in good working
condition, for each eight persons, or fraction thereof. including
the operator's family wherever they share the use of the said fa-
cilities. However, in a rooming house where rooms are let only to
males, flush urinals may be substituted for not more than one-
half of the required number of flush water closets. All such fa-
cilities shall be so located within the dwelling as to be reason-
ably accessible from a common hall or passageway to all persons
sharing such facilities. Every lavatory basin and bathtub or
shower shall be supplied with hot water at all times.
gib) The operator of every rooming house shall supply and change bed
linen and towels therein at least once each week, and prior to
the letting of any room to an occupant. The operator shall be
responsible for the maintenance of all supplied bedding in a clean
and sanitary manner.
(c) Every room occupied for sleeping purposes by one person shall con-
tain at least 70 square feet of floor space and every room occu-
pied for sleeping purposes by more than one person shall contain
at least 50 square feet of floor space for each occupant thereof.
(d) Every room unit shall have approved safe, unobstructed means of
egress leading to safe and open space at ground level.
(e) The operator of every rooming house shall be responsible for the
sanitary maintenance of all walls, floors and ceilings, and for
maintenance of a sanitary condition in every other part of the
rooming house and the premises thereof.
(f) Every provision of this ordinance which applies to rooming houses
shall also apply to hotels, and in addition, every hotel where both
sexes are accommodated shall be provided with separate rooms with
toilet located in the building which shall be conspicuously marked
for each sex.
Section 13. Designation of Unfit Dwellings and Order Requiring Vacation.
(a) Designation. Whenever the Health Officer finds any dwelling,
dwelling unit, or rooming unit which does not conform to the
standards established by this ordinance, and which by reason of
such non -conformity presents an imminent hazard to public
health, or to the physical or rental health of the occupants
therein, the Health Officer may, without prior notice or hear-
ing, designate such dwelling, dwelling unit or rooming unit as
unfit for human habitation.
(b) Placardinq: Order to Vacate.
(c)
Any dwelling, dwelling unit, or rooming unit designated as un-
fit for human habitation by the Health Officer shall be appro-
priately placarded as such and shall be vacated by the occupants
thereof within the time specified in such placard. Such placard
shall be deemed an order directing vacating, and shall permit
not less than 10 days from the date of such placarding for the
vacating of such dwelling, dwelling unit, or rooming unit unless
a lesser time is stated in the order in view of the facts of the
situation and the hazard involved, as in the judgment of the
Health Officer is reasonable and proper.
Correction of Defects.
No dwelling, dwelling unit, or rooming unit which has been desig-
nated as unfit for human habitation and placarded as such shall
again be used for human habitation until written approval is se-
cured from and such placarding is removed by, the Health Officer.
The Health Officer shall remove such placard whenever the defect
or defects upon which the designation and placarding action were
based have been eliminated and the dwelling, dwelling unit, or
rooming unit has been made to conform to the standards established
by this ordinance.
(d) Unlawful to Deface Placard.
It shall be unlawful for any person to deface, remove or ob-
scure any placard affixed under the provisions of this ordinance.
(e) Appeal to City Council.
Any person aggrieved by the designation of any dwelling. dwelling
unit, or rooming unit as unfit for human habitation who believes
the designation to be factually or legally contrary to the ordi-
nances of the City may appeal from the same to the City Council,
in the same manner as appeal may be taken from a notice of viola-
tion under section 6 of this ordinance.
(f) The procedure prescirbed in this section may be used concurrently
with or separate from the procedure in cases of violation set
forth in section 6 of this ordinance.
Section 14. penalty.
Any person who fails to correct any violation of this ordinance
after notification thereof by the Health Officer within the time
fixed by him or the City Council, or who fails within the time
specified to vacate any premises designated as unfit for human
habitation under section 13 of this ordinance, or who defaces.
removes or obscures any placard put up under said Section 13,is
guilty of a misdemeanor, and shall be subject to a penalty of a
fine of not exceeding $100.00 or imprisonment in the county jail
for a period of not exceeding 90 days.
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The above ordinance was introduced at a regular meeting of the Stillwater City
Council held on August 15, 1967, and given its first reading on August 15, 1967,
its second reading on December 12, 1967, and adopted by the following vote:
Ayes: 3
Nays: 2 (Councilmen Nolde and Wohlers)
Approved: December 12, 1967
Published: December 14, 1967
Attest:(1-1:-'w-1-v-tr,-
City Clerk
Mayor
7r..iPi�
ORDINANCE NO. 421
AN ORDINANCE PROVIDING FOR THE PERMANENT REGISTRATION OF QUALIFIED VOTERS IN
THE CITY OF STILLWATER.
The City Council of the City of Stillwater, Washington County, Minnesota, does
ordain as follows:
Section 1. Registration system adopted. The system for the permanent
registration of voters provided for by Minnesota Statutes, Chapter 201, is
hereby adopted for the City of Stillwater.
Section 2. Voters must be registered. No person shall be permitted to
vote at any election held in the City of Stillwater unless he shall have reg-
istered as provided in said Act.
Section 3. Effective date. This Ordinance shall be in full force and
effect from and after its passage and publication according to law.
Passed: January 16, 1968
Published: January 22, 1968
Attest:
City Clerk
Mayor
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ORDINANCE NO. 420 "Infestation" means the presence, ing the'mailing.
wiIf one or More
thin or around a dwelling, of in- persons to whom the notice is ad-
sects, rodents, vermin or other dressed cannot be found or served
pests of such kind or in such num- after diligent effort so to do, ser-
hers as to cause a hazard to health. vice may be made upon such per-
The Housing Code son or persons by posting a notice
. "Multiple Dwelling" means any in a conspicuous place in or about
of the dwelling containing more than two the dwelling affected by the notice,
dwelling units. in which event the Health Officer
of C L t shall include in the record a state-
. $tltIwater, "Occupant" means any person over ment as to why such posting was
two years of age, living, sleeping, necessary.
Minnesota. cooking or eating in, or having ac-
tual possession of, a dwelling unit or (b) Appeal to the City Connell.
is-
HOUSING CODE: An Ordinance to rooming unit. Any person affected by a notice is-
promote Pubilc Health; Establishing sued hereunder, who isaggrieved
and requiring Compliance with Min- "Operator" means anyt, person,- thereby, and who believesllthe same
imum Standards of Housing and whether the owner or not, who man- to be factually or legally contrary
Housing Equipment, Appointment of ages or controls any dwelling, or to the ordinances of the City, may
Part thereof, in which dwelling units within 15 days after service of the
a Housing Authority and prescrib-
ing Penalties for violation thereof. or rooming units are let. same, appeal therefrom to the City
Council by filing a written appeal
"Owner" means any person who, in the office of the City Clerk, and
The.City Council of the City of Still- alone or jointly or severally with such appeal shall be heard by the
water Ordains: others: Council within 30 days after it was
filed. Notice of the date, time and
All references herein and in this (a) has record legal title to any place of such hearing shall be given
Housing Code Ordinance to the De- dwelling or dwelling unit, with or to the appellant in the same man-
parttnent of Health shall be inter- without accompanying actual posses- ner as notice of the violation.
preted as synonomous to the City sion thereof;
Board of Health of the City of Still- (c) Effect of Appeal. The talc-
water. (b) acts as the agent of the per- ing of an appeal shall, during the
son holding the record legal title of pendency thereof, have the effect of
A Housing Authority shall be ap- any dwelling or dwelling unit; or restraining the Health Officer or
pointed consisting of 5 members, any other officer of the City from
one of which shall be appointed as (c) is the person representative proceed ng in any manner upon the
chairman and one shall be appoint- or fiduciary of an estate through asserted violation or violations.
ed as Secretary. Their duties shall which the record legal title to the
be to work with the City Board of real property in which any dwelling (d) Hearing. The appellant or his
Health in the enforcement of _the or dwelling unit is administered, attorney shall have the opportunity
Housing Code and other duties as thehearing,
requested by the City Council. . "Person" means a natural to be heard at person to b the Councilt may:
where-
for purposes of the occupancy stand-
Section 1. Declaration of policy. ards hereof and for other purposes (1) affirm or dcrriy the existence
The City Council declares that the means a natural person or legs en- of any violation or violations as a1-
purpose of this ordinance is to pro- tity• leged, in whole or in part; and
tett, preserve, and promote the phy- "Rooming Unit" means any room
sical and mental health of the peo- (2) if a violation has been found
or group of rooms forming a single
pie, investigate and control corn- habitable unit used or intended to be to exist, confirm or modify the ex-
municable diseases, regulate private-s for used_for living and sleeping, but no tent of the correction required, and
the the and
publiclyasanitationowned andpub- Part of which_.is exclusively or oc- tion mast be e made.hin hich the correc-
lic health, and protect the safety casionally appropriated to cookery. .
of the people and promote the gen- ••Rooming House" means any (e) Correction of Violation by City
eral welfare by legislation which dwelling, or that part of any dwell- and Assessment of Cost. In ail cas-
shatl be applicable to all dwellings ing, containing one or more rooming es of violation of this ordinance to
now in existence or hereafter con.- units in which space is let to three which Minnesota Statutes, Sections
minimum and which:for est equip- or more persons who are permanent 145.22 and 145.23 are applicable, the
atand standards basic equip- guests. Health Officer may proceed as
menu facilities for light, ven- therein provided to abate or remove
illation and heating, for safety fromag "Rubbish" means combustible and the violation and, if deemed neces-
fire, for the use and location, and noncombustible waste materials, Baryto have the cost thereof spec-
amount of spaceor for human sanitaryoccu- household and yard debris, and ash- jelly'assessed against the lot or par-
pancy, and for safe and par-
cel where the violation was locat-
maintenance; (2) determines the re- es. ed. In suitable eases, said statutory
sponsibilities" of owners, Operators "Supplied" means paid for, fur- remedies and procedure may be used
and occupants of dwellings: and (3) coshedprovided by, or under the either concurrently with, or sepa-
provides for the administration and ,-control of the owner or operator. rate fr"m. the procedures prescrib-
enforcement thereof. ed in this ordinance.
"Temporary Housing" means any
Section 2. Title. This ordinance tent, trailer coach, or other strut- Section 7. Minimum Standards for
shall be known and may be cited as ture used for human shelter which Basic Equipment and F"o'sties. No
the Public Health Housing Code. is designed to be transportable and person shall occupy or let to anoth-
which is not attached to the ground, er for occupancy any dwelling unit
Section 3. Interpretation In in- to another structure, or to any util- which does not c•ornniy with the
terpreting and applying the provi- ities system, or which is situated in following requirements:
sions of this Ordinance, they -shall a licensed trailer park.
be held to be the minimum require- (a) Every dwelling unit shall con-
•ments for the promotion of the pub- Section 5. Inspection. For the tain a kitchen sink in good working
iic health, safety, morals, conven- purpose of determining compliance corditon and pronerly connected to
tence and general welfare. Where -with the provisions of this article, an a
the provisions of this Ordinance-im- the Health Officer is hereby author- tem.pproved water and sewer sys-
>
pose greater restrictions than those ized and directed to make inspec-
of any statute, other ordinance or tions to determine the condition, use (b) Every dwelling unit (except
regulation, the provisions of this Or- and occupancy of dwellings, dwell- as otherwise permitted by paraereeh
dinance shall be controlling. Where ing units, rooming units, and the (el here"f) shall contain a room
the provisions of any statute, other premises upon which the same are which affords privacy to a person
ordinance• or regulation imp •"e located. For the purpose of making within said room and which is
greater restriction than this Ordi- such inspections, the Health Officer equipped with a flush water closet
mance, the provisions of such stat- is hereby authorized to enter, ex- in good week n' condition and prop-
ute, other ordinance or regulation amine and survey all dwe,l.ngs, erly connected to an approved wa-
shall be controlling. dwelling units, rooming units an l ter and sewer system.
premises upon which the same are
Section 4. Definitions. The fol- located, at all reasonable times. The (c) Every dwelling unit (except
-lowing definitions shall apply in the owner, operator and occupant of ev- as otherwise permitted by nal. ^^a-in
interpretation and enforcement of ery dwelling, dwelling unit. and (e) hereof) shall contain within its
this ordinance and the following rooming unit shall give the Health va,iG reof) shall cin i^ snw•v^-kits
words and terms wherever they oc- Officer free access to such dwelling, condition. pronerly connected_to an
cur in this ordinance are defined as dwelling unit or rooming unit and approved water and sewer system
follows: its premises for the purpose of such and located in the same room as
inspection, examination and snr ev. the required f lien water ^^,.t it
"Approved" means constructed, in- Every occupant of a dwelling shall
stalled, and maintained in accord- give the owner thereof, or his agert as near to that room as practi"ahle
ance with this ordinance or other or employee, access to any part of
pertinent ordinances of the City. such dwelling or its premises, at all (d) Every dwelling unit (except
reasonable times, for the purpose of as otherwise permitted by pare graph
"Basement" means a story of a making such repairs or alterations (e) hereof) shall contain. within a
building or structure located partly as are necessary to effect compli- room which affords privacy to a
underground. ance with the provisions of this or- person within said roomn.e a cobathtub^clition
dinance. or ^irower in good wo ki
"Dwelling" means any building and properly connected to on ap-
which its wholly or partly used or preyed water and sewer system.
intended to be used for living or Section 6. Enforcement of Nous-
sleeping by h"man occupants, except ing Code. (e) The occupants of not more
temporary housing. (a) Notice of Violation. Except than two dwePine units may share
in those instances to which section a single flush water closet, a single
"Dwelling Unit" means any room 13 hereof is applicable, whenever the lavatory basin, and a single bathtub
or group of rooms located within a Health Officer determines that there l rh c the fn>>^w-
-dwelling and forming a single habit- has been a violation of any one or or shower provid ing conditions are satisfied:
able unit with facilites which are more provisions of this ordinance (1) Neither of two dwelling -
used or intended to be used for liv- he shall give notice of such alleged units Neither
of theate more than
-fug, sleeping, cooking. eating, and a violation to the person or persons two occupants;
part of which is exclusively or oc- who are or may be responsible there- two occupants;
casionally appropriated to cookery. for as enumerated in (4) below. (?) Such water closet. lavatory
Such notice shall: basin, and bathtub or shower are in
- "Extermination" means the con-
trol and elimination of insects, by connected to the water and sewer(1) be in writing; good working condition and properly
dents, vermin or other pests by system, and are access ble to the
eliminating their harborage places; (2) part.cularizellegethe violation or occupants of one dwelling unit with-
-materials
by removing or making inaccessible violations alleged to exist or to out passing through env ct wit -
materials that may. serve_ as their have been committed: - room of the other dwelling unit;
g
food; or by poisoning, spraying,
fumigating, trapping, . .or ,similar `(3) provide a reasonable time, but (3) Such dwelling units.are in the
Means. not less than 30 days in any event,
, for the correction of the violation or same building, arranged so that the
Garbage" means the animal andviolatoris particularized; and .(occupants -of neither unit are re:
vegetable waste resulting from. the quired to go outdoors to reach the
handling; preparation, cooking, or _-- faoilafes•
Consumption of food. -..„ • (4) be,addressed to and served •
upon the owner of the property, the (f) Every kitchen sink, lavatory
"Habitable Room" 'means a room operator of the dwelling, and the oc- basin and bathtub or shower requir-
desigited to be used for living, sleep- i cupant of the dwelling unit or the ed under the provisions of paragraph
ing, eating" or cooking, excluding I, rooming unit concerned, if the oc- (a), (c). (d) and.(el hereof shall h
bathrooms, toilet compartments, f cupant.is or may be responsible for connected with both hot and cold
closets, halls and storage.places. I the violation: -water lines in a.n approved manner.
(g) Every dwelling unit shall he
"Heaitli_"Officer.'_' means the Health ' Service shall be as provided for surplied with rubbish storage far
Officer of the-City or his deputy, n," >>-' service by the rules of cilities whose type-and.docation-. . 1
Civil procedure for courts of recor I mfid'" " "' ..,
"Hotel" means any dwelling, or in Minnesota or by registered or cer-
that part of any dwelling, contai: 1 fled email, return receipt requested, (h) Every dwelling unit shall have
lug one or more rooming units i delivered to the addressee only. If adequate garbage 'disposal'facilities
which space is let to three or more service is made by registered or cer- or garbage storage containers whose
persons who are transients or p 'tined mail. the Health Officer shall type hn'd location are approved._.-
. -rnanent guests. make a record giving details regard?
(1) Every dwelling shall have (a) No person shall occupy or let shall contain at least 70 square feet
water-heating facilities which are to another for occupancy any dwell- of floor space and every room oc-
installed in an approved manner, are lag or dwelling unit which does not cupied for sleeping purposes by
maintained and operated in safe and comply with the following require- more than one person shall contain
good working condition, are properly enents: at least 50 square feet of floor
connected with the hot water lines space for each occupant thereof.
required under the provisions of (1) It shall contain at least 150
paragraph (f) hereof, and are cap- square feet of floor area for the (d) Every room unit shall have
able of heating water to such a first occupant thereof and at least approved safe, unobstructed means
temperature as to permit an ade- 100 additional square feet of floor of egress leading to safe and open
quate amount of water to he drawn space for every additional occupant space at ground level.
at every required kitchen sink, lay- thereof, the floor space to be cal-
atory basin, bathtub or shower at a Cu lated on the basis of total habi-
temperature of not less than 120 de- table room area, provided that non- (e) The operator of every rooming
grees Fahrenheit. Such water-heat- habitable area shall he counted in house shall be responsible for the
ing facilities shall be capable of determining the maximum perms- sanitary maintenance of all walls,
meeting the requirements of this sible occupancy up to ten percent floors, and ceilings, and for main-
section when the heating facilities of the total habitable area. tenance of a sanitary condition in
required under the provisions of every other part of the rooming
Section 8 (b) are not in operation. (2) At least one-half of the floor house and the premises thereof.
(j) Every dwelling unit shall have area of every habitable-room shall
unobstructedumeans of have a ceiling height of at least (f) Every. provision of this ordi-
safesaf
egress and the unitunits which seven feet; and the floor area of nance which applies to rooming
complygresswith neit orn that part of any room where the houses shall also apply to hotels,
of the. witcurh,the City Building provisions
ceiling height is less than five feet and in additon, every hotel where
(or amended). shall not be considered as part of both sexes are accommodated shall
the floor area in computing total be provided with separate rooms
Section 8. Minimum Standards for floor area of the room for the pur- with toilet located in the building
Light, Ventilation, and Heating. pose of determining the maximum which shall he conspicuously mark-
No uerson shall occupy or let to permissable occupancy thereof. ed for each sex.
another for occupancy any dwelling (b) No basement space shall be Section 13. Designation of Unfit
or dwelling unit for the purpose of let as an habitable room and no Dwellings and Order Requiring Va-
living therein, which ,foes not com- basement space shall be used as a Cation•
ply with the following requirements: dwelling unit or rooming unit unless:
(a) Designation. Whenever the
(a) Every habitable room in a (1) The floor and walls are tm- Health Officer finds any dwelling,
dwelling' or dwelling unit shall be pervious to leakage of underground dwelling unit, or rooming unit
provided with light and ventilation and surface runoff water. which does not conform to the stand-
in accordance with the City Building ards established by this ordinance,
Code. In addition, every public hall (2) The total amount of light and which by reason of such non-
or stairway in or leading into every furnished in each room is equal to conformity presents an imminent
multiple dwelling shall have a mini- at least the minimum amount of hazard to public health, or to the
mum of 10 foot candles of illumina- light as required in the City Electri- physical or mental health of the oc-
tion, measurable with a standard cal Code, and cupants therein, the Health Officer
light meter at floor level in halls may, without prior notice or hear-
and tread levels on stairways, at all (3) The facilities for ventilation ing, designate such dwelling, dwell-
times when the structure is occu- in each room are equal to at least ing unit, or rooming unit as unfit
pied. the minimum as required in the City for human habitation.
of Stillwater Building Code.
(b) Every dwelling and dwelling (b) Placarding; Order to Vacate.
unit shall have heating facilities Section 11. Responsibilities of Any dwe ling, dwelling unit, or
which are installed in an approved Owners and Occupants. rooming unit designated as unfit
manner and are maintained in safe for human habitation by the Health
and good working condition. and are (a) Every owner of a dwelling Officer shall be appropriately p'a-
capable of safely and adequately containing two or more dwelling carded as such and shall be vacated
heating all habitable rooms, bath- units shall be responsible for main- by theoccupants thereof within the
rooms, and water closet compart- taining in a clean and sanitary con- time specified in such placard. Such
merits located therein to a tempera- dition the shared or public areas of placard shall be deemed an order di-
ture of at least 70 degrees Fahren- the dwelling and premises thereof. recting vacating, and shall permit
heit at a distance three feet above not less than 10 days from the date
floor level, when the temperature (b) of such palcarding for the vacating
20 Every occupant of a dwell-
outside is minus degrees Farren- ing or dwelling unit shall keep in a of such dwelling. dwelling unit, s
heit. Such heating equipment shall clean and sanitary condition that rooming unit unless a lesser time is
be operated as reasonably necessa- stated in the order in view of the
part of the dwelling, dwelling unit,
ry to maintain a temperature in all and premises thereof which he occu- facts of the situation and the haz-
habitable rooms of 70 degrees Fah- pies and controls. and involved, as in the judgment of
renheit. the Health Officer is reasonable and
proper.
(c) Every dwelling shall be sup- (c) Every occupant of a dwelling
plied with electricity and shall meet or dwelling unit shall dispose of all (c) Correction of Defects. No
the requirements established by the his garbage and other organic waste dwelling, dwelling unit, or rooming
current City Electrical. Code. which might provide food for insects unit which has been designated as
and rodents, in a clean and sanitary unfit for human habitation and
(d) During the portion of each manner, by placing it in the garbage placarded as such shall again be.
year when the Health Officer finds disposal facilities or garbage stor- use'1 for human habitation until
it necessary to protect against mos- age containers required by Section 7, written approval is secured from,
quitos, flies, and other insects, Paragraph (h), and such placarding is removed by,
which are of such kind and occur the Health Officer. The Health Or-
in such numbers as to cause a haz- (d) Every occupant of a dwelling fiver shall remove such placard
and to hes1th, every door opening di- unit shall keep all plumbing there- whenever the defect or defects up-
rectly from a dwelling to outdoor in in a clean and sanitary condition on which the designationbased have and plac-
apace shsii have a screen don* with and shall be responsible for the ex- arding action were -been
a self-closing device, and every-win- ercise of reasonable care in the prop- eliminated and the dwelling, dwell-
dow or other device with openings er use and operation thereof. ing unit, or rooming unit has been
to outdoor space used or intended to made to conform to the standards
be used for ventilation, shall like- (e) Every occupant of a dwelling established by this ordinance.
wise be supplied with screens. containing a single dwelling unit
shall be responsible for the exter- (d) Unlawful to Deface Placard.
Section 9. General Requirements mination of any insects, rodents, or It shall be unlawful for any person
Relating to the Safe and Sanitary other pests therein or on the preen- to deface, remove or obscure any
Maintenance of Parts of Dwellings ises; and every occupant of a dwell- placard affixed under the provisions
ani '+.v""ir^'*Tits ,T,, per--•n -h..'1 ing unit in a dwelling containing of this ordinance.
occupy or let to another for occu- more than one dwelling unit shall he
pa.ncv any dwelling or dwelling unit responsible for Such extermination (e) Appeal to City Council. Any
which does not comply with the fol- whenever his dwelling unit is the person aggrieved by the designation
lowing requirements: unit primarily infested. Notwith- of any dwelling, dwelling unit, or
standing the foregoing provisions of rooming unit as unfit for human hab-
(a) Every foundation. exterior this paragarph, whenever infestation itation who believes the designation
wall and roof shall he substantial'y is caused by a failure of the owner to be factually or legally contrary to
weathertight. water-tight. and ro- or operator to maintain a dwelling the ordinances of the City may appeal
dent proof and shall he kept in in a ratproof or reasonably insect from the same to the City Council,
sound condition and good repair. proof condition, extermination shall in the same manner as appeal may
be the responsibility of the owner be taken from a notice of violation
(b) Every floor, interior Nl all and and operator. Whenever infestati n under section 6 of this ordinance.
ceiling shall be kept in sound condi- exists in two or more of the dwell-
tior and good repair. ing units in any dwelling, or in the
P (f) The procedure prescribed in
shared or public parts of any dwell- this se'-tion may he used concurrent-
(c) Every window, exterior door, ing containing two or more dwelling ly with, or separate from. the pro-
and basement hatchway shall be rea- units, extermination thereof shall be cedures in cases of violation set
sonably wete'-ti"ht weotherti,l,t, the responsibility of the owner and forth in section 6 of this ordinance.
and rodent proof and shall be kept operator.
in sound working condition and good
repair. Section 12. Rooming Houses No Section 14. Penalty Any person
person shall operate a rooming who fails to correct any violation of
(d) Every inside and outside house, or shall occupy or let to an- this ordinance after notification
stairway shall be maintained in ssfe other for occupancy any rooming thereof by the Health Officer with-
and sound condition and good repair. unit, except in compliance with all in the time fixed by hire or the City
the applicable provisions of this az- Council, or who fails within the time
tide and the followin specified to vacate any premises
(e) Every plumbing fixture and g provisions:
wane- a+,r7 waste nipe shall be in-
itation
as unfit for human or-
stalledhaS-
in an approved manner and (a) There shall be supplied at nation under sectiondefa 13 of this
dinance,scuror who , removes or
maintained in good, sanitary work- least one flush water closet, lava- obscures any placard pot up under
ing condition. free from defects, tory basin, and bathtub or shower, said Section 13, is guilty of a mis-
leaks and obstructions. properly connected to a water and demeanor, and shall he subieot to a
sewer system in an approved manner penalty of a fine of not exceeding
(f) Every water closet compart- r ' ,. .tet-,ined in rood working $100.00 or imprisonment in the
ment floor surface and bathroom condition, for each eight persons, or County jail for a period of not ex-
po ---- -- she'l he constructed fraction thereof, including the op- ceeding 90 days.
and maintained so as to be rea- , f.-1, y wherever they share
sonably imnervious to water and so the use of the said facilities. How- -
as to permit such floor to be easily ever in a rooming house where The above ordinance was introduc-
kept in a clean and sanitary condi- rooms are let only to males, flush ed at a regular meeting of the Still-
tion. urinals may be substituted for not water City Council held on August
m re than one-half the required
15. 1967. and given its first reading
(g) Every facility, piece of equip- number of flush water closets. Ail on August 15, 1967, its second read-
ment "- ntii.'fv which is renuired- such facilities shall be so located ing on Dec. 12. 1967. and adopted
under this ordinance shall be so within the dwelling as to be reason- by the following vote:
'constructed sea instal',? flint it <, -, ably accessible from a common ball
function -safely and effectively. and or passagewayto all persona shar- Ayes: 3
ppNays: 2 (councilmen Nolde &
sha" he msi'tained in satisfactory ing such facilities. Everyer
lavatory
working condition. basin and bath tub or shower shall Wohi-Ap
he supplied with hot water at all -Approved:
(h) No owner, operator, or oc- times. William Ii. Powell
cupant shall cause any service. fa-
cility, equipment or utility which is (b) The operator of every room-
required
Mayor
under this ordinance to be ing house shall supply and change
Attest:
removed from, shut off, or discon- bed '.inen and towels therein at least Lester R. Brower
tinned in any occupied dwelling or once each week, and prior to the let-
dwelling unit, except for such te-,_ ting of any room to an occupant. city Clerk
porary interruption as may be nor The operator shall be responsible
essary while actual repairs or - for the maintenance of all supplied - - -
terations are in process, or dur9°'t bedding in a clean and sanitary
temporary emergencies. manner. -
Section 10. Mnimum Space, Use (c) Every room occupied for
and Location Requirements. i sleeping purposes by one person •