Fergus Falls, Minn., Mun. Code Ch. 117 (2026) § 117.09

(A) Registration holders obligations and codes adopted.


(1) It is the responsibility of the registration holder to ensure that every rental residential building and rental dwelling unit is maintained in compliance with all city ordinances and state and federal laws. The city’s Property Maintenance Code, Building Code, and Fire Code are, in their entirety, except as modified or amended in this code, adopted by reference and are made a part of this chapter as if fully set out at length. Failure to maintain the property in compliance may result in registration suspension, revocation or denial.


(2) Upon denial, suspension, revocation or other enforcement action of a registration, the city will notify all affected tenants of the action against the registration by posting a notice to tenants on the main entrance of the rental residential building or rental dwelling unit. If the registration is revoked or suspended the registration holder may not let, rent or allow to be occupied any vacant dwelling units, or dwelling units that become vacant during the revocation or suspension period.


(B) Unfit for human habitation.


(1) Any building, premises, dwelling unit, or portion thereof that is unsafe, unlawful or, because of the degree to which the property is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities, or other essential utilities services and equipment required by this code, or because the location of a structure constitutes a hazard to the occupants of the property or to the public may be declared unfit for human habitation. Whenever any building, premises, or dwelling unit has been declared unfit for human habitation, the City Administrator or designee shall order same vacated within a reasonable time and shall post a placard on same indicating that it is unfit for human habitation, and any operating registration previously issued for such building, premises, or dwelling unit shall be suspended or revoked.


(2) It shall be unlawful for such building or portion thereof to be used for human habitation until the defective conditions have been corrected and written approval has been issued by the City Administrator or designee. It shall be unlawful for any person to deface or remove the declaration placard from any such building.


(C) Hazardous building declaration. If a building has been declared unfit for human habitation and the owner has not remedied the defects within a prescribed reasonable time, the building may be declared a hazardous building and treated consistent with the provisions of the state statutes. The City Administrator or designee will post the date the rental residential building or rental dwelling unit shall be vacated, and no person shall reside in, occupy or cause to be occupied that rental residential building or rental dwelling unit until the city administrator or City Council permits it.


(D) Compliance order. Whenever the City Administrator or designee determines that any building or portion thereof, or the premises surrounding any of these, fails to meet the provisions of this chapter, a compliance order setting forth the violations of this chapter and ordering the owner, occupant, operator, or agent to correct such violations shall be issued. This compliance order shall:


(1) Be in writing;


(2) Include a description of the real estate sufficient for identification;


(3) Include a statement of the violation(s) and why the notice is being issued;


(4) Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code;


(5) Inform the property owner or owner’s authorized agent of the right to appeal the issuance of the compliance order as set forth in this chapter;


(6) Include a statement of the right to levy an assessment in accordance with M.S. § 429.101, as it may be amended from time to time;


(7) Be served upon the owner or agent or occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon any such occupant, if a copy thereof is:


(a) Served upon owner, agent or occupant personally;


(b) Sent by first class mail to his/her last known address; or


(c) Upon failure to provide notice through subsections (a) and (b) above, posted at a conspicuous place in or about the building, or portion thereof, that is affected by the notice.


(8) State that violations may be cited by the city and prosecuted, and registration suspension, revocation or nonrenewal and other civil remedies may be undertaken by the city whether or not a compliance order has been issued.


(E) Action plan. The compliance official may require an action plan to be completed by the registration holder, manager, or local agent in a designated time frame that indicates the steps taken to correct identified violations and the measures to be taken to ensure ongoing compliance with city ordinances and applicable codes.


(F) Right of appeal. When it is alleged by any person to whom a compliance order is directed that such compliance order is based upon erroneous interpretation of this chapter, such person may appeal the compliance under this chapter.


(Ord. 86, Seventh Series, passed 10-7-2019)