Mahtomedi, Minn., City Code ch. 12 § 12.05 (2026) § 12.05

12.05 MINIMUM HOUSING STANDARDS.
1.   Purpose. The purpose of this Section is:

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     A.     To maintain a quality character and stability of residential areas;

     B.     To correct and prevent housing conditions that adversely affect or are
            likely to adversely affect the life, safety, general welfare, and health, of
            persons occupying buildings;

     C.     To provide minimum standards for cooking, heating, and sanitary
            equipment necessary to the health and safety of occupants of buildings;

     D.     To provide minimum standards for light and ventilation, necessary to
            health and safety;

     E.     To prevent the overcrowding of buildings by providing minimum space
            standards for each occupant;

     F.     To provide minimum standards for the maintenance of existing residential
            buildings and to prevent slum and blight; and

     G.     To preserve the value of land and buildings throughout the City of
            Mahtomedi.

2.   Scope. This Section shall apply to every owner-occupied dwelling and every
     rental dwelling and its premises used in whole or in part as a home or residence,
     or as an accessory structure thereof. Dwelling units constructed prior to the
     enactment of this Section on, February 21, 1996, shall comply with said
     regulations if the violation poses a threat to the health, safety, and general welfare
     of the occupant(s). Dwelling units constructed on or after the enactment of this
     Section on, February 21, 1996, shall conform to all requirements of this Section.
     This Section establishes minimum standards for erected owner occupied, rental,
     or leased dwelling units, accessory structures, and related premises.

     Where, in a specific case, any provisions of the State Building Code apply, the
     provisions of the State Building Code shall be applied, and the minimum housing
     standards shall not be applied.

3.   Liability. This section shall not be construed to relieve from or lessen the
     responsibility of any owner or occupier of any building, dwelling unit, or structure
     for any damages to persons or property caused by defects, nor shall the City or its
     agents and employees be held as assuming any such liability by reason of the
     inspections authorized by this Section or any permits or certificates issued under
     this Section.

4.   Disputes. With respect to rental disputes, and except as otherwise specifically
     provided by the terms of this Section, it is not the intention of the City to intrude
     upon the contractual relationship between tenant and landlord. The City does not
     intend to intervene as an advocate of either party, nor to act as an arbiter, nor to be

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     receptive to complaints from tenant or landlord which are not specifically and
     clearly relevant to the provisions of this Section.

5.   Definitions. The following definitions shall apply in the interpretation and
     enforcement of this Section:

     A.     “Accessory Building or Use” means a subordinate building or use which is
            located on the same lot on which the principal building or use is situated
            and which is reasonably necessary and incidental to the conduct of the
            primary use of such building or principal use.

     B.     “Adequate” means of good quality and/or quantity approved by the
            Compliance Official.

     C.     “Apartment Complex” means two (2) or more multiple family dwellings
            grouped in one location, held by owner as herein defined.

     D.     “Approved” means acceptance by the Compliance Official.

     E      “Building” means any structure used or intended for supporting or
            sheltering any use or occupancy.

     F.     “Compliance Official” means the Code Enforcement Officer of the City or
            his/her duly authorized assistant. (3/27/00)

     G.     “Dwelling” means a building or portion thereof, designed or used
            predominantly for residential occupancy of a continued nature, including
            one-family dwellings, two-family dwellings, and multiple family
            dwellings; either owner occupied or rental; but not including hotels and
            motels, boarding or lodging houses, nursing homes, house trailers, or
            mobile homes.

     H.     “Dwelling Unit” means any room or group of rooms located within a
            dwelling which forms a single habitable unit with facilities which are used
            or intended to be used for living, sleeping, cooking, eating, and sanitation.

            i.     “Multiple Family” means a building designed with three (3) or
                   more dwelling units exclusively for occupancy by three (3) or
                   more families living independently but sharing hallways and main
                   entrances or exits.

            ii.    “Single Family” means a dwelling unit designed exclusively for
                   occupancy by one (1) family.

                   a.      “Attached” means a dwelling unit which is joined to one
                           another by a party wall.

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            b.      “Detached” means a dwelling unit which is not attached to
                    another dwelling or structure.

     iii.   “Two-Family (Duplex, Double-Bungalow)” means a structure
            containing two (2) independent residential units (dwellings) which
            is designed for or occupied by two (2) families, and which units
            are separated by a common wall or floor. Also known as a duplex
            or double-bungalow.

I.   “Extermination” means the control and elimination of insects, rodents, or
     other pests by eliminating their harborage places; by removing or making
     inaccessible materials that may serve as their food; by poisoning, spraying,
     fumigating, or trapping or by any other recognized or legal pest
     elimination methods approved.

J.   “Family” means any of the following:

     i.     A person or persons related by blood, marriage, or adoption,
            together with their domestic servants or gratuitous guests, all
            maintaining a common household in a dwelling unit;

     ii.    Group or foster care of not more than ten (10) wards or clients all
            maintaining a common household in a dwelling unit approved and
            certified by the appropriate public agency; or

     iii.   A group of not more than five (5) persons not related by blood,
            marriage or adoption maintaining a common household in a
            dwelling unit.

K.   “Flush Water Closet” means an approved toilet, with a bowl and trap
     made in one piece, which is connected to the City water and sewer system
     or other approved water supply and approved sewer system.

L.   “Garbage” means all putrescible animal and vegetable wastes resulting
     from the handling, preparation, cooking, and consumption of food.

M.   “Habitable Room” means a room or enclosed floor space used or intended
     to be used for living, sleeping, eating, or cooking purposes, excluding
     bathrooms, flush water compartments, laundries, furnace rooms,
     unfinished basements, pantries, utility rooms of less than fifty (50) square
     feet of floor space, foyers, halls, stairways, closets, storage spaces,
     workshops, hobby and recreation areas in parts of the structure below
     ground level, or in attics and other similar areas.

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N.   “Infestation” means the presence within or around the dwelling of insects,
     rodents, or other pests.

O.   “Kitchen” means a space which contains a sink with counter working
     space, adequate space for installing cooking and refrigeration equipment,
     and adequate space for the storage of cooking utensils.

P.   “Occupant” means any person (including owner or operator) living,
     sleeping, cooking, and eating in a dwelling unit or living and sleeping in a
     rooming unit.

Q.   “Operator” means the owner or his agent who has charge, care, control, or
     management of a building, or part thereof, in which a dwelling or dwelling
     units are leased.

R.   “Or Any Part Thereof” means whenever the words "dwelling," "dwelling
     unit," "rooming unit," "premises," "hotel," "motel," or "structure" are used
     in this Section, they shall be construed as though they were followed by
     the words "or any part thereof."

S.   “Owner” means any person who holds title or is in actual possession of, or
     has charge, care, or control of any dwelling or dwelling unit within the
     city or an employee or agent of the owner. Any such person representing
     the actual owner shall be bound to comply with the provisions of this
     section to the same extent as the owner.

T.   “Permissible Occupancy” means the maximum number of person
     permitted to reside in a dwelling or dwelling unit.

U.   “Plumbing” means all of the following supplied facilities and equipment
     in a dwelling: gas piping, gas burning equipment, water pipes, steam
     pipes, garbage disposal units, waste pipes, water closets, sinks, installed
     dishwashers, lavatories, bathtubs, shower baths, installed clothes washing
     machines, catch basins, drains, vents, and any other similar fixtures and
     the installation thereof, together with all connections to water, sewer, and
     gas lines.

V.   “Premises” means a platted lot or part thereof or unplatted parcel of land,
     either occupied or unoccupied by any dwelling or non-dwelling structure,
     including such building, accessory structure, or other structure thereon.

W.   “Public Hall” means a hall, corridor, or passageway for providing egress
     from a dwelling unit to a public way and not within the exclusive control
     of one (1) dwelling unit.

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     X.     “Refuse” means all putrescible and nonputrescible waste, decomposed
            matter and solids including garbage and rubbish.

     Y.     “Rental Dwelling or Dwelling Unit” means a dwelling or dwelling unit let
            for rent or lease.

     Z.     “Repair” means to restore to a sound and acceptable state of operation,
            serviceability, or appearance.

     Aa.    “Rodent” means a mouse, rat, squirrel, or beaver or similar mammals.

     Bb.    “Rodent Harborage” means any place where rodents can live, nest, or seek
            shelter.

     Cc.    “Rooming House” means a building that is the primary residence of the
            owner and in which a room or group of rooms are provided by the owner,
            for compensation, to adult persons and their children, not related by blood,
            marriage, or adoption to the owner.

     Dd.    “Rooming Unit” means any room or group of rooms forming a single
            habitable unit used or intended to be used for living and sleeping, but not
            for cooking and eating purposes.

     Ee.    “Rubbish” means all nonputrescible solid wastes consisting of both
            combustible and noncombustible wastes, such as paper, cardboard, tin
            cans, grass and shrubbery clippings, wood, glass, brick, plaster, bedding,
            crockery, leaves, dead trees or branches thereof, rags, plastic, and other
            similar materials.

     Ff.    “Safety” means the condition of being relatively free from danger and
            hazards which may cause accidents or disease.

     Gg.    “Substandard Dwelling” means any dwelling which does not conform to
            the minimum standards established by the City Code or the laws and
            regulations of the State of Minnesota.

     Hh.    “Supplied” means paid for, furnished by, provided by, or under the control
            of the owner, operator, or agent of a dwelling.

6.   Responsibilities of Owners. No owner shall lease any dwelling or dwelling unit
     to another person unless it and the premises are clean, sanitary, fit for human
     occupancy, and comply with all applicable City Code provisions and the laws and
     regulations of the State of Minnesota.

7.   Minimum Housing Standards; Rooming Houses, Hotels and Motels. Every
     provision of this Section which applies to dwellings or dwelling units shall also

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     apply to rooming houses, hotels, and motels, except to the extent that any such
     provision may be found in conflict with the laws and regulations of the State of
     Minnesota.

8.   Maximum Density, Minimum Space, Use and Location Requirements. Except for
     owner-occupied dwelling or dwelling units, every dwelling or dwelling unit shall
     comply with the following requirements:

     A.     Permissible Occupancy. The maximum permissible occupancy of any
            dwelling or dwelling unit shall be determined as follows:

            i.     Dwelling Area. For first occupant, two hundred (200) square feet
                   of habitable room floor area shall be required; for every additional
                   occupant thereof, at least one hundred (100) square feet of
                   habitable room floor area must be provided.

            ii.    Sleeping Area. In every dwelling unit of two (2) or more rooms,
                   every room designated as a bedroom or actually used for sleeping
                   purposes by one (1) occupant shall contain at least eighty (80)
                   square feet of floor space exclusive of walls and partitions.

     B.     Minimum Floor Area. Every dwelling unit shall have at least one (1)
            room which shall have not less than one hundred twenty (120) square feet
            of floor area. Other habitable rooms, except kitchens, shall have area of
            not less than eighty (80) square feet.

     C.     Ceiling Heights. In order to qualify as a habitable room, the room must
            have a clear ceiling height of not less than seven (7) feet except that in
            attics or top-half stories used for sleeping, study, or similar activities, the
            ceiling height shall be not less than seven (7) feet over at least one-half of
            the floor area. In calculating the floor area of such rooms in attics or top-
            half stories, only those portions of floor area of the room having a clear
            ceiling height of five (5) feet or more may be included.

     D.     Room Access. No dwelling or dwelling unit containing two (2) or more
            sleeping rooms shall have a room arrangement such that access to a
            bathroom or water closet compartment intended for use by occupants of
            more than one (1) sleeping room can be gained only by going through
            another sleeping room, nor shall the room arrangement be such that access
            to a sleeping room can be gained only by going through another sleeping
            room. A bathroom or water closet compartment shall not be used as the
            only passageway to any habitable room, hall, basement, cellar, or to the
            exterior of any dwelling or dwelling unit.

9.   Basic Equipment and Facilities. No person shall occupy or lease to another for
     occupancy any dwelling or dwelling unit for the purposes of living, sleeping,

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cooking, and eating therein, which does not provide or comply with the following
requirements:

A.     Kitchen Facilities. Within every dwelling or dwelling unit there shall be
       an area where food may be stored, prepared and/or cooked, which contains
       the following:

       i.     An approved kitchen sink in good working condition and property
              connected to an approved water supply and waste system which
              provides, at all times, an adequate amount of heated and unheated
              running water with a pressure of not less than eight (8) P.S.I. at the
              point of discharge, and which is connected to an approved sewer
              system.

       ii.    Cabinets and/or shelves, for the storage of eating, drinking, and
              cooking equipment and utensils and/or food which does not require
              refrigeration, providing a minimum of forty-five (45) cubic feet of
              storage plus an additional fifteen (15) cubic feet per occupant in
              excess of one (1). Cabinets, shelves, countertops, and tables used
              for the storage and preparation of foods shall have a hard non-
              absorbent surface which is easily cleanable and that will not impart
              toxic or deleterious effects to foods.

       iii.   A cook stove and oven for the preparation of food, and a
              refrigerator for the safe storage of food, at or below forty (40)
              degrees Fahrenheit, properly installed with all necessary
              connections. Such items need not be installed when a dwelling or
              dwelling unit is not occupied and when the occupant is expected to
              provide these items at occupancy, in which case, space and
              connections for their installation and operation shall be provided.

B.     Bathroom Facilities. Every dwelling or dwelling unit shall contain a non-
       habitable room which affords privacy to a person within said room and
       which is equipped with toilet facilities, sink, and bathtub or shower in
       good working condition, properly connected to an approved sewer and
       approved water system, meeting the following minimum specifications:

       i.     Toilet facilities shall include a flush water closet, in good working
              order, connected to a water supply of not less than eight (8) P.S.I.
              and an approved drainage system. The flush water closet shall be
              constructed of a smooth porcelain or equal arterial finish without
              cracks or other deficiencies. The room shall be provided with
              natural ventilation by means of windows openable to the exterior.
              The openable area must not be less than one-twentieth (1/20) of the
              floor area of the room. In lieu of such openings mechanical

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            ventilation shall be installed to provide five (5) air changes per
            hour.

     ii.    The sink may be in the same room as the flush water closet, or
            within close proximity to the door leading directly into the toilet
            room. The sink shall be connected to an approved water supply
            system that will provide at all times heated and unheated water at a
            pressure of not less than eight (8) P.S.I. at the point of discharge.
            The sink shall be connected to an approved drainage system.

     iii.   The bathtub and/or shower shall be in good working condition. It
            shall be located in a room with a tight fitting door containing a
            privacy lock or latch. The bathtub and/or shower may be in the
            same room as the flush water closet or in a separate room.
            Ventilation shall be provided the same as required in rooms
            containing flush water closets. Heated and unheated water shall be
            provided from an approved water supply system at not less than
            eight (8) P.S.I. at the point of discharge and shall be connected to
            an approved drainage system.

C.   Electric Circuits, Outlets and Fixtures. Every dwelling or dwelling unit
     and all public and common areas shall be supplied with electric service,
     functioning over current protection devices, electric outlets, and electric
     fixtures which are properly installed, maintained in good and safe working
     conditions, and shall be connected to a source of electric power in a
     manner required by the ordinances of the City or by the laws and
     regulations of the State of Minnesota. The minimum capacity of such
     electric service and the minimum number of outlets and fixtures shall be
     as follows:

     i.     Dwelling units shall have at least the equivalent of sixty (60)
            ampere, three-wire electric service per dwelling unit;

     ii.    Dwelling units shall have at least one (1) branch circuit for each
            six hundred (600) square feet of dwelling unit floor area;

     iii.   Every habitable room shall have at least one (1) floor or wall type
            electric duplex convenience outlet and in no case less than two (2)
            such electric duplex convenience outlets provided, however, that
            one ceiling or wall-type light fixture may be supplied in lieu of one
            (1) required electric duplex convenience outlet;

     iv.    Every flush water closet compartment, bathroom, kitchen, laundry
            room, and furnace room shall contain at least one (1) supplied
            ceiling or wall type electric light fixture. Every bathroom, kitchen,

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            and laundry room shall contain at least one (1) electric duplex
            convenience outlet;

     v.     Every public hall and stairway in every multiple family dwelling
            shall be lighted by natural or electric light at all times. Every
            public hall and stairway in structures containing not more than two
            (2) dwelling units may be supplied with conveniently located light
            switches controlling a lighting system which may be turned on
            when needed, instead of full time lighting. Effective illumination
            in all public halls and stairways shall be a minimum of one (1) foot
            candle power at the floor level.

     vi.    A convenience switch for turning on a light in each dwelling unit
            shall be located near the point of entrance to each unit.

     vii.   If it is determined by the Compliance Official and/or the Electrical
            Inspector that the existing service is overloaded or in a state of
            disrepair, it shall be replaced by not less than a one hundred (100)
            ampere service.

C.   Thermal Standards. All dwellings and dwelling units shall have heating
     facilities which are properly installed and which are maintained in safe
     and good working order. Heating shall be supplied to all habitable rooms,
     bathrooms, and flush water closet compartments within each dwelling unit
     and common space. Gas or electric appliances designed primarily for
     cooking or water heating purposes shall not be considered as heating
     facilities within the meaning of this Section. Unvented appliances and
     portable heating equipment including, but not limited to, electric, catalytic,
     equipment employing a fire in the use of liquid or gas fuel shall not be
     considered as heating facilities.

E.   Doors and Door Locks. All dwellings or dwelling units shall be equipped
     with safe, functioning locking devices on exterior doors. Dwellings shall
     be furnished with door locks as follows:

     i.     For the purpose of providing safety, on all new multiple family
            dwelling construction, an approved security system shall be
            maintained for each multiple family building to control access.
            The security system shall consist of a locked building entrance or
            foyer doors. Dead bolt latch type door locks shall be provided
            with lever latches or door knobs on the inside of building entrance
            doors and with key cylinders on the outside of building entrance
            doors. Building entrance door latches shall be of a type that are
            permanently locked from the outside and permanently unlocked
            from the inside.

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     ii.    All existing multiple family dwellings which contain security
            systems must retain said system unless it is replaced with an
            upgraded system. The operation of these security systems shall be
            maintained for use.

     iii.   Every door that is designed to provide egress for a dwelling unit
            within a multiple family building shall be equipped with an
            approved lock that has a dead locking bolt that can not be retracted
            by any pressure. An approved latch and dead bolt shall be
            provided that shall be openable from the inside without the use of a
            key or special knowledge or effort. Said door shall also contain a
            peep hole for security purposes.

     iv.    Entry doors for single family and two (2) family residences shall
            not contain double keyed dead bolt locks.

F.   Storm and Screen Doors and Windows. All exterior doors and windows
     of dwellings or dwelling units shall be equipped with screens, storm doors,
     and storm windows. The owner of the dwelling or dwelling unit shall be
     responsible for providing and hanging all screens and storm doors and
     storm windows whenever the same are required under the provisions of
     this section, except where there is written agreement otherwise between
     the owner and occupant.

G.   Minimum Standards For Light and Ventilation. No person shall occupy as
     owner, occupant 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:

     i.     Habitable Room. Except where there is supplied some other
            device affording adequate ventilation and approved by the
            Compliance Official, every habitable room shall have at least one
            window facing directly outdoors which can be opened easily. The
            minimum total of openable window area in every habitable room
            shall be the greater of ten (10) percent of the floor area of the room
            or ten (10) square feet. One half (1/2) of the required window area
            shall be openable.

     ii.    Uninhabitable Room. Every bathroom and flush water closet shall
            contain a minimum of one and one half (1-1/2) square feet of
            openable windows or a mechanical ventilation system providing
            five (5) air changes per hour.

H.   Dwelling Unit Access and Identification. Access to or egress from each
     dwelling unit shall be provided without passing through any other
     dwelling unit. A safe and unobstructed means of egress shall be provided

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            from each dwelling unit directly to the exterior or to a corridor leading
            directly to the exterior. Individual unit entries need to be clearly marked
            with a unit or identification number. The numbers shall not be less than
            four (4) inches in height and must be of a contrasting color to the base on
            which they are placed.

      I.    Dwelling Identification. All dwellings shall have proper house and
            building numbers attached per Chapter 11 of the City Code.

      J.    Fire Prevention. City ordinances and laws and regulations of the State of
            Minnesota, including the Uniform Fire Code, are applicable to all dwelling
            and dwelling units covered by this Section. All rental properties shall also
            meet the following life safety criteria:

            i.     Every bedroom located in a basement of a rental property shall
                   have an egress window which complies with the current Minnesota
                   State Building Code.

            ii.    Rental dwelling units shall have smoke detectors installed in every
                   bedroom and in areas that provide access to bedrooms. Smoke
                   detectors used to comply with this provision shall be hardwired, or
                   long life battery operated detectors (10 years).

            iii.   Every rental dwelling unit shall have carbon monoxide detectors
                   installed as required by Minnesota Statutes Section 299F.050.
                   Carbon monoxide detectors shall be either hard wired into
                   electrical wiring, directly plugged into an electrical outlet, or
                   battery powered.
            iv.    Every rental dwelling unit shall be provided with at least one, 1A
                   10BC fire extinguisher. The fire extinguisher shall be readily
                   accessible to the occupant at all times.

10.   Maintenance of Property. The following minimum maintenance standards are
      applicable to all dwelling units within the City:

      A.    Sanitary Maintenance. Every occupant of the dwelling or dwelling unit
            shall keep all supplied fixtures and facilities therein in a clean and sanitary
            condition and shall be responsible for the exercise of reasonable care in
            the proper use and operation thereof.

      B.    Maintenance of Shared or Public Areas. Every owner of a dwelling
            containing two (2) or more dwelling units shall maintain in a clean and
            sanitary condition the shared or public areas of the dwelling and premises
            thereof.

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C.   Maintenance of Occupied Areas. Every occupant of a dwelling unit shall
     maintain in a clean, sanitary, and safe condition that part or those parts of
     the dwelling or dwelling unit and premises thereof that he or she occupies
     and controls.

D.   Storage and Disposal of Refuse. Every occupant of a dwelling unit shall
     store and dispose of all refuse in a clean, sanitary, and safe manner.

E.   Storage and Disposal of Garbage and Rubbish. Every owner of a multiple
     family dwelling shall supply facilities for the sanitary and safe storage
     and/or disposal of rubbish and garbage. All garbage or refuse containers
     exceeding seventy-five (75) gallons in size and located on property used
     for multiple family residential purposes shall be contained within a
     building or within an area which has a impermeable floor surface and is
     screened within a ninety percent (90%) or greater opaque wooden or metal
     fence or masonry wall not less than six (6) feet in height having a gate or
     doorway which remains closed except for access purposes.

     In the case of one-family or two-family dwellings, it shall be the
     responsibility of the occupant to furnish such facilities.

F.   Rodent Harborage in Occupied Areas. No occupant of a dwelling unit
     shall accumulate boxes, lumber, scrap metal, or any other similar materials
     in such a manner that may provide a rodent harborage in or about any
     dwelling unit.

G.   Rodent Harborage in Public Areas. No owner of a dwelling containing
     two (2) or more dwelling units shall accumulate or permit the
     accumulation of boxes, lumber, scrap metal, or any other similar materials
     in such a manner that may provide a rodent harborage in or about shared
     or public areas of a dwelling or its premises.

H.   Prevention of Food for Rodents. No owner or occupant of a dwelling or
     dwelling unit shall store, place, or allow to accumulate any materials that
     may serve as food for rodents in a site accessible to rodents.

I.   Pest Extermination. Every occupant of a dwelling unit in a dwelling or
     every occupant of a rooming unit in a rooming house containing more than
     one (1) unit shall be responsible for such extermination whenever his or
     her dwelling unit is the only one infested. Whenever infestation is caused
     by the failure of the owner to maintain a dwelling or rooming house in a
     reasonable rodent proof or reasonable vermin proof condition,
     extermination shall be the responsibility of the owner. Whenever
     infestation exists in two (2) or more of the dwelling units or rooming units,
     or in the shared or public parts of any dwelling or rooming house,
     extermination thereof shall be the responsibility of the owner. Whenever

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     extermination is the responsibility of the owner, the extermination must be
     performed by a licensed pest control contractor.

J.   Heating Capability. In every dwelling unit when the control of the
     supplied heat is the responsibility of a person other than the occupant, a
     temperature of at least sixty-eight (68) degrees Fahrenheit, or such lesser
     temperature required by law, shall be maintained at a distance of three (3)
     feet above the floor and three (3) feet from exterior walls in all habitable
     rooms, bathrooms, and flush water closet compartments. Heat shall be
     provided from September 1 through May 31 or from the time that the
     average daily temperature falls below sixty-eight (68) degrees Fahrenheit
     to such time that the average daily exterior temperature exceeds sixty-
     eight (68) degrees Fahrenheit or whichever is more restrictive.

K.   Windows, Doors and Screens. Every window, screen, exterior door, and
     other exterior openings shall be substantially tight and shall be in sound
     condition and repair. Every window, other than a fixed window or storm
     window, shall be capable of opening without any special knowledge or
     effort. Those windows located within six (6) feet of the adjacent grade
     shall contain a latching mechanism for security. Every window, door, and
     frame shall be constructed and maintained in such relation to the adjacent
     wall construction as to completely exclude rain, wind, vermin, and rodents
     entering the building. Every openable window or other devices required
     for ventilation shall be supplied with 16-mesh screens during the insect
     season. The mesh screen, if reinstalled on an annual basis, should be
     installed by May 1.

L.   Floors, Interior Walls and Ceilings. Every floor, interior wall, and ceiling
     shall be protected against the passage and harborage of vermin and
     rodents, and shall be kept in sound condition and good repair. Every floor
     shall be free of loose, warped, protruded, or rotted flooring materials.
     Every interior wall and ceiling shall be free of holes and cracks or loose
     plaster and shall be maintained in a tight, weatherproof condition. Toxic
     paint and materials with a lasting toxic effect shall not be allowed. Every
     toilet room and bathroom floor surface shall be covered with a smooth
     non-absorbent material that is easily maintained in a clean and sanitary
     condition.

M.   Basement Floors. Interior floors or basement, cellars, and other areas in
     contact with the soil, shall be paved with concrete or other impervious
     material approved by the Compliance Official.

N.   Foundations, Exterior Walls and Roofs. The foundation, exterior walls,
     and exterior roof shall be kept in sound condition and repair to protect
     against the entrance of water, vermin, rodents, and other exterior elements.
     The foundation shall support the building at all points. The foundation’s

Chapter 12 - 34
     walls shall be maintained plumb and free from open cracks and breaks and
     shall be kept in such condition so as to prevent the entry of rodents and
     other pests. All structural members shall be maintained free from
     deterioration, and shall be capable of safely supporting the imposed dead
     and live loads. Every exterior wall shall be free of deterioration, holes,
     breaks, loose or rotting boards or timbers, and any other condition which
     might admit rain or dampness to the interior portion of the walls or to the
     exterior spaces of the dwelling. All exterior surfaces, including but not
     limited to, doors, door and window frames, cornices, porches, trim,
     balconies, decks, and fences shall be maintained in good condition.
     Exterior wood surfaces, other than decay resistant woods, shall be
     protected from the elements and decay by painting or other protective
     covering or treatment. Peeling, flaking, and chopped paint shall be
     eliminated and surfaces repainted. All siding and masonry joints as well as
     those between the building envelope and the perimeter of windows, doers,
     and skylights shall be maintained weather resistant and water tight. All
     metal surfaces shall be coated to inhibit rust and corrosion. The roof and
     flashings shall be tight with no defects which admit rain. Roof drainage
     shall be adequate to prevent rain water from causing dampness in the
     walls. Roof drains, gutters, and downspouts shall be maintained in good
     repair and free from obstructions. Roof water shall not be discharged into
     the sanitary sewer system in a manner that creates a public nuisance.

O.   Stairways, Porches and Balconies. Every stairway, inside or outside of a
     dwelling and every porch or balcony, shall be kept in a safe condition and
     sound repair. Every stairway, step, stoop, porch, and balcony shall be free
     of deterioration and/or loose or rotting supports. Stairways more than
     three (3) risers and serving individual dwelling units and all other stairs of
     two (2) or more risers shall have handrails located thirty (30) to thirty-
     eight (38) inches measured vertically from the nose of the stair tread to the
     top of the handrail. Stairs requiring a forty-four (44) inch width must have
     handrails on both sides. Every porch and/or balcony, which is thirty (30)
     inches or more above adjacent grade or more than three (3) risers high,
     shall have a guardrail thirty-six (36) inches above the floor. All handrails,
     balustrades and guardrail shall be firmly fastened and maintained in good
     condition. No stairway, porch, or balcony shall settle out of its intended
     position or pull away from the supporting or adjacent structures. With
     exception of spiral or winding stairways, the treads and risers of every
     flight of stairs shall be uniform in depth and height. All stairways shall be
     capable of supporting a live load of one hundred (100) pounds per square
     foot.

P.   Exterior Lighting. The owner of a multiple family dwelling or dwellings
     shall be responsible for providing and maintaining illumination in all
     exterior parking lots, stairways, and walkways consistent with the
     requirements of this Code. At all exterior entryway, lighting shall be

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     provided which provides a minimum of .5 foot candles measured at a
     distance of five (5) feet from the entry door.

Q.   Removal of Snow and Ice. The owner of a multiple family dwelling or
     dwellings shall be responsible for the removal of snow and ice from
     parking lots, driveways, steps, and walkways on the premises. Individual
     snowfalls of three (3) inches or more, or successive snowfalls
     accumulating to a depth of three (3) inches or more, shall be removed
     from parking lots and driveways within twenty-four (24) hours after
     cessation of the snowfall. Individual snowfalls of one (1) inch or more, or
     successive snowfalls accumulating to a depth of one (1) inch or more,
     shall be removed from steps and walkways within eight (8) hours after
     cessation of the snowfall.

R.   Driving and Parking Areas. The owner of a multiple family dwelling or
     dwellings shall be responsible for providing and maintaining in good
     condition paved and delineated parking areas and driveways for tenants
     consistent with the requirements of this Code. All multiple family
     dwellings of eight (8) dwelling units or more shall provide stop signs at all
     driveway exits leading to the public right-of-way.

S.   Fence Maintenance. Every fence shall be constructed in a substantial,
     workman like manner and of substantial material reasonably suited for the
     purpose for which the fence is proposed to be used. Every fence shall be
     maintained in a condition of reasonable repair and shall not by reason of
     age, decay, accident, or otherwise allowed to become and remain in a state
     of disrepair so as to be or tend to be which is dangerous by reason of its
     construction or state of disrepair or is otherwise injurious to the public
     health safety and welfare is a nuisance; and any such fence which has
     become or tends to be a nuisance shall upon order of a competent court be
     repaired or removed as necessary to abate the nuisance caused.

T.   Accessory Structure Maintenance. It shall be the responsibility of the
     property owner to ensure that:

     i.     Every exterior wall, foundation, and roof of any accessory building
            or structure shall be reasonably watertight, weather tight, and
            rodent proof and shall be kept in a good state of maintenance and
            repair. Exterior walls shall be maintained free from extensive
            dilapidation due to cracks, tears or breaks of deteriorated plaster,
            stucco, brick, wood, and other material.

     ii.    All exterior wood surfaces other than decay resistant woods, shall
            be protected from the elements of decay by painting or other
            protective covering treatment.       A protective surface of an
            accessory building or structure shall be deemed to be out of repair

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                     if more than twenty-five (25) percent of the exterior surface area is
                     unpainted or paint blistered. The surface shall then be repainted.
                     If twenty-five (25) percent or more of the exterior surface of the
                     pointing of any brick, block, or stone wall is loose or has fallen
                     out, the surface shall then be repaired.

      U.     Grading and Drainage. Every yard, court, passageway, or other portions
             of the premises on which a dwelling is erected, shall be graded and
             drained consistent with Chapter 11 of the City Code.

      V.     Yard Cover. Every yard of a premises on which a dwelling is erected
             shall be provided with lawn or combined ground cover of vegetation,
             garden, hedges, shrubbery, and/or related decorative materials consistent
             with Chapter 11 of the City Code.

11.   Discontinuance of Services or Facilities. Except as authorized by the laws and
      regulations of the State of Minnesota, no owner, operator, or occupant shall cause
      any service, facility, equipment, or utility which is required under this Section, to
      be removed from or shut off from or discontinued for any occupied dwelling or
      dwelling unit except for such temporary interruptions as may be necessary while
      actual repairs or alterations are in process.

12.   Enforcement and Inspection Authority. The Compliance Official, who is the
      Code Enforcement Officer of the City, or his/her authorized assistant, shall
      administer and enforce the provisions of this Section and is hereby authorized to
      cause inspections on a scheduled basis for rental units, or otherwise when reason
      exists to believe that a violation of this section has been or is being committed.
      Inspections shall be conducted during reasonable daylight hours, except in the
      case of an emergency or when a night time inspection is required, and the
      Compliance Official shall present evidence of official capacity to the occupant in
      charge of a respective dwelling or dwelling unit.

13.   Inspection Access. Any owner, occupant, or other person in charge of a dwelling
      unit may refuse to permit free access and entry to the structure or premises under
      his or her control for inspection pursuant to this section, whereupon the
      Compliance Official may seek a court order or warrant authorizing such
      inspection.

14.   Unfit for Human Habitation.

      A.     Any dwelling or dwelling unit which is damaged, decayed, dilapidated,
             unsanitary, unsafe, vermin or rodent infested, or which lacks provision for
             basic illumination, ventilation, or sanitary facilities to the extent that the
             defects create a hazard to the health, safety, or welfare of the occupants or
             of the public, may be declared unfit for human habitation by the
             Compliance Official. Whenever any dwelling or dwelling unit has been

Chapter 12 - 37
             declared unfit for human habitation, the Compliance Official shall order
             same vacated within a prescribed time and shall post a placard on same
             indicating that it is unfit for human habitation, and any operating license
             previously issued for such dwelling shall be revoked.

      B.     It shall be unlawful for such dwelling or dwelling unit to be used for
             human habitation until the defective conditions have been corrected and
             written approval has been issued by the Compliance Official. It shall be
             unlawful for any person to deface or remove the declaration placard from
             any such dwelling or dwelling unit.

15.   Secure Unfit and Vacated Dwellings. The owner of any dwelling or dwelling unit
      which has been declared unfit for human habitation, or which is otherwise vacant,
      shall make the same safe and secure so that it is not hazardous to the health,
      safety, and welfare of the public and does not constitute a public nuisance. Any
      vacant dwelling which is unsecured at the doors, windows, and other exterior
      openings shall be deemed to be a hazard to the health, safety, and welfare of the
      public and a public nuisance within the meaning of this Section.

16.   Hazardous Building Declaration. In the event that a dwelling has been declared
      unfit for human habitation and the owner has not remedied the defects within a
      prescribed time, the dwelling may be declared a hazardous building and treated
      consistent with the provisions of Minnesota Statutes.

17.   Compliance Order. Whenever the Compliance Official determines that any
      dwelling or dwelling unit, or the premises surrounding any of these, fails to meet
      the provisions of this Section, the Compliance Official may issue a compliance
      order setting forth the violations of the section and ordering the owner, occupant,
      operator, or agent to correct such violations. This compliance order shall:

      A.     Be in writing.

      B.     Describe the locations and nature of the violations of this section.

      C.     Establish a prescribed time of the correction of such violation and notify
             of appeal recourse.

      D.     Be served upon the owner or his or her agent, or the 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:

             i.      Served personally, or

             ii.     Sent by registered mail to the last known address, or

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             iii.    Upon failure to effect notice through (i) and (ii) above by posting
                     at a conspicuous place in or about the dwelling which is affected
                     by the notice.

18.   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
      Section, such person may appeal the compliance order to City Administrator
      within five (5) days after service of the compliance order. Such appeals must be
      in writing specifying the grounds of appeal. The City Administrator shall review
      said request and either approve or deny the appeal. If the appeal is denied by the
      City Administrator, the applicant may appeal the decision to the City Council
      sitting as a Board of Appeals. Such appeals must be in writing, must specify the
      grounds for appeal, must be accompanied by a filing fee of sixty ($60.00) dollars
      in cash or cashier's check, and must be filed with the City of Mahtomedi within
      five (5) days after service of the City Administrator's ruling. The filing of an
      appeal shall stay all proceedings in furtherance of the action appealed from,
      unless such a stay would cause imminent peril to life, health, or property.

19.   Board of Appeals Decision. Upon at least five (5) business days a written notice
      will be sent to the appellant of the time and place for hearing the appeal and
      within thirty (30) days after said appeal is filed, the City Council shall hold a
      hearing thereon, taking into consideration any advice and recommendation from
      the Compliance Official and the City Administrator. The City Council may
      reverse, modify, or affirm, in whole or in part, the compliance order and the City
      Administrator's ruling. The Council may order return of all or part of the filing
      fee if the appeal is upheld.

20.   Restrictions on Transfer or Ownership. It shall be unlawful for the owner of any
      dwelling or dwelling unit, upon whom a pending compliance order have been
      served, to sell, transfer, mortgage, lease, or otherwise dispose thereof to another
      person until the provisions of the compliance order has been complied with,
      unless such owner shall furnish to the grantee, lessee, or mortgagee a true copy of
      any compliance order and shall obtain and possess a receipt of acknowledgment.
      Anyone securing an interest in the dwelling or dwelling unit who has received
      notice of a compliance order shall be bound by same without further service of
      notice upon him or her and shall be liable to all penalties and procedures provided
      by this section.

21.   Penalties. Any person who violates any provision of this Section or who fails to
      comply with a compliance order after right of appeal has expired, and any person
      who fails to comply with a modified compliance order within the time set therein,
      is guilty of a misdemeanor.

22.   Alternative Sanctions. Notwithstanding the availability of the foregoing
      compliance procedures and the penalties, whenever the Compliance Official
      determines that any dwelling or dwelling unit or the premises surrounding any of

Chapter 12 - 39
         these fails to meet the requirements set forth in this section, the Compliance
         Official may issue a citation, summoning the responsible person into court or
         request the issuance of a criminal complaint and arrest warrant. (2/12/96)