Winona, Minn., City Code ch. 33A (2026) § 33A.02
Enforcement
Operative Text
33A.02 - ENFORCEMENT
(a) Authority. The building official is hereby authorized and directed to enforce or
cause the enforcement of all of the provisions of this chapter. For such purposes,
the building official or his/her designated representative shall have the powers of
a law enforcement officer. The building official shall have the power to render
interpretations of this chapter. Such interpretations shall be in conformity with the
intent and purpose of this chapter.
(b) Right of Entry. When it is necessary to make an inspection to enforce the
provisions of this chapter, or when the Building Official or Building Inspector has
reasonable cause to believe that there exists in a building or upon a premises a
condition that is contrary to or in violation of this chapter, the Building Official or
Building Inspector may enter the building or premises at reasonable times to
inspect or to perform the duties imposed by this chapter, provided that if such
building or premises are occupied that credentials be presented to the occupant
and entry requested. If such building or premises is unoccupied, the building
official shall first make a reasonable effort to locate the owner or other person
having charge or control of the building or premises and request entry. If entry is
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refused, the Building Official or Building Inspector shall have recourse to the
remedies provided by law to secure entry.
(c) Responsibilities Defined. Owners remain liable for violations of duties imposed
by this chapter even though an obligation is also imposed on the occupants of
the building, and even though the owner has, by agreement, imposed on the
occupant the duty of furnishing required equipment or of complying with this
chapter.
Buildings and structures and parts thereof shall be maintained in a safe and
sanitary condition. The owner or the owner’s designated agent shall be
responsible for such maintenance. To determine compliance with this subsection,
the building may be re-inspected.
Owners, in addition to being responsible for maintaining buildings in a sound
structural condition, shall be responsible for keeping that part of the building or
premises which the owner occupies or controls in a clean, sanitary and safe
condition, including the shared or public areas in a building containing two or
more dwelling units.
Owners shall, when required by this chapter, health laws or the Building Official,
furnish and maintain such approved sanitary facilities as required, and shall
furnish and maintain approved devices, equipment or facilities for the prevention
of insect and rodent infestation, and when infestation has taken place, shall be
responsible for any insects, rodents or other pests when such extermination is
not specifically made the responsibility of the occupant by law or ruling.
Occupants of a dwelling unit, in addition to being responsible for keeping in a
clean, sanitary and safe condition that part of the dwelling or dwelling unit or
premises which they occupy and control, shall dispose of their recyclables,
rubbish, garbage and other organic waste in a manner required by city
ordinance.
Occupants shall, when required by this chapter or city ordinance furnish and
maintain approved devices, equipment or facilities necessary to keep their
premises safe and sanitary.
(d) Substandard Buildings. Buildings or portions thereof that are determined to be
substandard as defined in this chapter are hereby declared to be public
nuisances and shall be abated by repair, rehabilitation, demolition or removal in
accordance with the procedure specified in this chapter.
(e) Appeals. Any person aggrieved by an order, requirement, decision or
determination made by the Building Official or Building Inspector pursuant to this
chapter may, within 10 days of the decision, appeal to the Board of Appeals in
accordance with Section 22.24 of this Code.
(f) Violations. A violation of this chapter is a misdemeanor. Each day the property is
in violation is a separate violation.
(g) Inspection Access. If an owner, occupant or other person in charge of a
dwelling, dwelling unit or a multiple dwelling fails or refuses to permit free access
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and entry to the structure or premises, or any part thereof, for an inspection
authorized by this chapter, the Building Official or the Building Inspector may,
upon a showing that probable cause exists for the inspection or for the issuance
of an order directing compliance with the inspection requirements of this chapter
with respect to such dwelling, dwelling unit or multiple dwelling, petition and
obtain an order to inspect and/or search warrant from a court of competent
jurisdiction.Winona City Code Ch. 33A § 33A.02 establishes how the city's rental housing rules are enforced. The building official holds broad authority to inspect properties, interpret the chapter, and pursue legal remedies—including court-issued warrants—when access is denied. Property owners bear ongoing responsibility for safe and sanitary conditions regardless of any agreements shifting duties to tenants, and violations of the chapter are treated as misdemeanors, with each day of noncompliance counting as a separate offense.
Plain English — not legal advice.
Under § 33A.02, property owners in Winona remain legally responsible for maintaining safe, sanitary, and structurally sound buildings even when lease agreements assign certain maintenance duties to tenants. Compliant operators generally keep shared areas clean, address pest infestations promptly, maintain required sanitary facilities, and cooperate with building official inspections by presenting credentials and granting reasonable access. Because each day of a continuing violation constitutes a separate misdemeanor under § 33A.02(f), operators typically resolve identified deficiencies as quickly as possible and document corrective actions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 33A.02 of Winona's City Code makes clear that owners—not tenants—bear primary liability for building-wide safety and sanitation, even when a lease tries to shift that responsibility. Tenants who believe their landlord is failing to meet these standards may contact the Winona building official's office to request an inspection, since § 33A.02 authorizes officials to enter and investigate conditions that appear to violate the chapter. Anyone aggrieved by a building official's decision also has the right under § 33A.02(e) to appeal to the Board of Appeals within 10 days, and tenant-rights organizations can help explain what options are available in a given situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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