City Council Agenda Packet 06-25-2007 Special
AGENDA
RENTAL LICENSING AND PROPERTY MAINTENANCE CODE WORKSHOP
Monday, June 25'h, 2007
6:00 PM
1. Address questions and concerns that were brought up in the June 11 th council
meeting.
a) Banks - foreclo sed properties
b) Bad Tenants
c) Inspections performed by other entities
2. Review license estimates.
a) Estimated revenue
b) Workload estimate (in hours)
c) Ripple effects
d) Discuss proposal for licensing fee schedule
3. Recap Rental Housing Licensing Provisions ordinance.
4. Review IPMC amendments.
5. Discuss any other questions or concerns.
Rental License Estimates
Number of rental units:
. Duplexes - 24 (48 units)
. Apartment buildings - 50 (741 units)
. Single family homes - 280-415 (estimated 310)
Rental license revenue:
. The proposed fee schedule is; $60.00 per structure + an additional $15.00 per
dwelling unit. Examples: single family home would be 60 + 15 = $75.00
20 unit apt. building would be 60 + (20 xIS) = $360.00
. We will issue 350-490 licenses this year (estimated 375)
. With the proposed fee schedule this will generate $37,000-$47,000 (est. $39,500)
24 Duplexes @ $60ea. + $15 x 2 units
50 Apt. Bldgs. @ $60ea. + 714 Apartments @ $15ea.
=310 Single Family Homes @ $75ea.
Initial license income
= $ 2,160.00
= $ 14,115.00
= $ 23.250.00
= $ 39,525.00
After the initial startup, inspections will be preformed every year starting at the end of
December and running through the middle of March. However, there may be more
inspections if complaints are filed with us and if there are corrections that need to be
followed up with.
Estimated Time Spent on Inspections
The initial inspections may take anywhere from 366 to 475 hours which translates into 12
to 16 weeks for one person. The reason for the broad estimate is the amount of time taken
for inspections can vary based on the amount of violations observed (more violations =
more writing), the amount of questions asked by the tenant and/or owner present at the
inspection, and it is difficult to gage the exact number of single family home being used
as rentals in the city at this time.
. Estimated man-hours for initial inspections = 420 Hours (70 days - 14 weeks)
Anywhere from 70 to 90% of the units inspected will require some sort of follow-up
inspection. This estimate is developed from information received in speaking with other
inspectors with experience in rental housing inspections.
. Estimated man-hours for re-inspections = 210 hours (35 days - 7 weeks)
. Total inspection hours needed = 630 hours (105 days - 21 weeks)
Estimated Time Soent on Administration
Approximately 225 hours would be needed for the initial start up. This time is to include
the set up of a data base, receiving rental applications, setting up inspections, issue rental
certificates, checking for unpaid taxes! utility bills, and setting up a filing system.
Bottom line
Inspection hours..................................................... ...630 hrs
Administrative hours............................................... ....225 hrs
Total hours....... ......... ............ ............... ......... ......... .855 hrs
$ 39,525.00 + 855 hrs = $ 46.23 per hour
RiDDle effects
From the information gathered from inspectors from other cities, the most common thing
they find during inspections is work that was done without permits (basement finishes,
interior remodels, mechanical equipment replacement, etc.). This means that there is a
strong chance that there will also be a spike in building permit activity (more permits,
more plan reviews, more inspections, more follow-up and tracking).
Another thing to consider is that the number of single family and townhome rentals is
increasing at a very rapid rate. This will mean more licenses and more inspections. Many
of the current new residential construction projects are pre-sold to investment companies
who are offering the units on a rent-to-own basis or just renting them out and waiting to
sell the property when there is an upswing in the market. Some builders are following suit
and trying rent-to-own programs themselves in order to boost sales and/or avoid losing
money on unsold vacant housing stock.
Rental Licensing and Inspection Fee Schedule
Rental licensing fees:
$60.00 per structure
$15.00 per dwelling unit
Rental license transfer fee:
$45.00 per structure
Inspection fees: The initial licensing inspection and one follow up inspection are
included with the licensing fee. If the items listed on the compliance order are
not corrected at the re-inspection, any additional inspections will be charged at
the current Building Department inspection rate of $50.00 per hour, charged in
quarter hour increments, with a one hour minimum charge.
License application late fee: All applications received after the deadline, as defined in
city ordinance sections 3-16-6 (C) and (D) will be subject to a late fee of$60.00.
ORDINANCE NO.
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE ADOPTING THE INTERNATIONAL
PROPERTY MAINTENANCE CODE WITH AMENDMENTS
AND ESTABLISHING A RENTAL HOUSING LICENSE PROGRAM,
AMENDING TITLE 3 OF THE CITY CODE BY ADDING A NEW
CHAPTER 16 AND TITLE 4 BY ADDING A NEW CHAPTER 4
THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA, ORDAINS:
SECTION 1. Title 3 of the Code ofthe City of Monticello is amended by adding the following
Chapter 16.
3-16-1
3-16-2
3-16-3
3-16-4
3-16-5
3-16-6
3-16-7
3-16-8
3-16-9
3-16-10
3-16-11
3-16-1:
CHAPTER 16
RENTAL HOUSING LICENSE PROVISIONS
PURPOSE
APPLICABILITY; SCOPE
DEFINITIONS
ENFORCEMENT OFFICER
RESPONSIBILITY OF OWNER (LANDLORD)
GENERAL LICENSING PROVISIONS
INSPECTIONS
CONDUCT ON LICENSED PREMISES
CONDITION OF LICENSED PREMISES
HEARING PROCEDURE
MISDEMEANOR
PURPOSE.
It is the purpose ofthis Chapter to protect the public health, safety and welfare of the community
at large and the residents of rental dwellings in the City of Monticello and to ensure that rental
housing in the city is decent, safe and sanitary and is so operated and maintained as not to
become a nuisance to the neighborhood or to become an influence that fosters blight and
deterioration or creates a disincentive to reinvestment in the community. The operation of rental
residential properties is a business enterprise that entails certain responsibilities. Owners and
operators are responsible to take such reasonable steps as are necessary to ensure that the citizens
of the city who occupy such units may pursue the quiet enjoyment of the normal activities oflife
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in surroundings that are: safe, secure and sanitary; free from noise, nuisances or annoyances; and
free from unreasonable fears about safety of persons and security of property.
3-16-2:
APPLICABILITY; SCOPE.
This Chapter applies to all existing and new rental dwellings in the City, including any accessory
structures on the premises upon which the rental dwelling is located, such as garages and storage
buildings and appurtenances, such as sidewalks and retaining walls. This Chapter does not apply
to Minnesota Department of Health licensed rest homes; convalescent care facilities; nursing
homes; hotels; motels; or owner-occupied units.
3-16-3:
DEFINITIONS.
"Chief Building Officiar' means the Chief Building Official or designated agent.
"City" means the City of Monticello.
"City Administrator" means the City Administrator or the City Administrator's designated agent.
"International Property Maintenance Code" means the International Property Maintenance
Code, 2006 Edition as published by the International Code Council.
"Multiple Family Dwelling" means a rental dwelling containing three (3) or more units.
"Occupant" means any person living or sleeping in a rental dwelling unit, or having possession
of a space within a rental dwelling unit.
"Owner" means, with respect to all matters involving the making of applications and the giving
of notices, the individuals or entities holding legal and equitable title to the premises.
"Premises" means a lot, plot, or parcel ofland including the building or structures thereon.
"Rental Dwelling" means a building or premises, or portion thereof, containing one or more units
used or intended to be used for residential rental purposes.
"Unit' means a single unit within a rental dwelling providing complete, independent living
facilities for one or more persons including permanent provisions for living, sleeping, eating,
cooking and sanitation.
3-16-4:
ENFORCEMENT OFFICER.
The City's Chief Building Official is authorized and directed to enforce all provisions of this
Chapter. The Chief Building Official may designate other City Employees to enforce the
provisions of this Chapter.
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3-16-5:
3-16-6:
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RESPONSIBILITY OF OWNER (LANDLORD).
(A) OWNER RESPONSIBILITY. Every owner of a rental dwelling is
responsible for violations of duties and obligations imposed by this
Chapter, applicable provisions of the City Code and the International
Property Maintenance Code.
(B) CLEANLINESS. Every owner of a rental dwelling is responsible for
keeping the rental dwelling in a clean, sanitary and safe condition in
conformance with this Chapter, applicable provisions of the City Code and
the International Property Maintenance Code.
(C) DISPOSAL OF RUBBISH. Every owner of a rental dwelling shall have
all rubbish, garbage and waste stored and disposed of in a clean, sanitary
and safe manner.
(D) OBTAIN LICENSE: The owner must obtain a license and pay all license
fees as required by this Chapter before the rental dwelling may be rented.
GENERAL LICENSING PROVISIONS.
(A) LICENSE REQUIRED. It is unlawful to own or operate a rental dwelling
in the City without first having obtained a license from the City. An
owner must obtain a license for each rental dwelling. Ifthe rental
dwelling contains two or more units, and has a common owner and a
common property identification number, the owner shall obtain a single
license for the rental dwelling.
(B) LICENSE APPLICATION. The owner of a rental dwelling must submit
an application for a license on forms and in the format provided by the
City. The owner must give notice, in writing, to the City within five (5)
business days of any changes to the information contained in the license
application. The application must include:
1. the owner's name, address, and telephone number, owning partners
if a partnership, corporate officers if a corporation;
2. legal address of the rental dwelling;
3. the type and number of units within the rental dwelling; and
4. the type of structure to be licensed (i.e., single-family, duplex,
Multi-Family).
(C) LICENSE FEES. The owner must pay an annual license fee, the amount
of which will be determined by the City Council. The owner must submit
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the required fee along with the application for a new or renewal license.
Applications for a renewal license submitted after December 31 are
subject to an additional late fee, which shall be determined from time to
time by the City Council.
(D) LICENSE PERIOD. The initial license period begins upon issuance by
the city and ends on March 14'\ 2009. Thereafter, the license period is for
one year and runs from March 15th to March 14th. The license must be
renewed annually. All rental dwellings existing as ofthe effective date of
this Ordinance shall apply for the initial license by August 1, 2007.
(E) LICENSE ISSUANCE.
1. Preliminary Inspection and Investigation. Prior to issuing an initial
license, the Chief Building Official will inspect the rental dwelling
to determine compliance with this Chapter, the City Code and the
International Property Maintenance Code. The Chief Building
Official will review the application for completeness. All real
estate taxes and municipal utilities must be paid and current.
2. Compliance Order. As to any rental dwelling existing as ofthe
effective date ofthis Ordinance, ifthe rental dwelling is not in full
compliance with paragraph (1), the City may issue the initial
license and provide the owner with a compliance order pursuant to
Section 3-16-9.
(F) POSTING OF LICENSE. The owner shall post a copy ofthe license in
the rental dwelling in a conspicuous place approved by the Building
Official. In multiple dwelling units requiring a single license, the license
shall be posted in a common area ofthe building such as a corridor,
hallway or lobby. The posted license shall be framed and covered with
clear glass or plastic.
(G) TRANSFER OF LICENSE. Licenses are transferable. Any changes in
the ownership of the rental dwelling require submittal of application and
payment oflicense transfer fee.
(H) REGISTER OF OCCUPANCY. The owner shall keep a current register
of occupancy for each rental dwelling. This register of occupancy may be
reviewed by the City at any time. Said register of occupancy shall
contain, at a minimum, the following information:
1. Address( es) of the rental dwelling;
2. Number of bedrooms of each unit;
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3-16-7:
3-16-8:
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3. Number of units in each building; and
4. Number of adults and children (under 18) currently occupying
each unit.
INSPECTIONS.
(A) ROUTINE LICENSE INSPECTIONS. After the initial inspection and
issuance 0 fthe initial license, the owner of a rental dwelling shall permit
access by the City to perform a minimum of one inspection every two
years ofthe common space and every dwelling unit. The Chief Building
Official may perform or require additional inspections if deemed
necessary by the Chief Building Official or by the request of a tenant. The
owner shaH notify the tenant or tenants of the time when the City
inspection will be conducted and provide access to the units..
(B) RESPONSE TO COMPLAINTS. The Chief Building Official shaH
respond to complaints of violations ofthis Chapter. A complaint may be
cause for a complete inspection of a unit or building. If an inspection is to
be made, the Chief Building Official shaH notify the owner/tenant of the
inspection. Ifthere are violations, the Chief Building Official shall notify
the owner/tenant pursuant to 3-16-9 to correct the problem which
prompted the complaint. The cost ofthe inspection shaH be paid by the
owner if the City's inspection reveals actual deficiencies as described by
the occupant, and the payment of such cost shall be a condition oflicense
renewal.
CONDUCT ON LICENSED PREMISES.
(A) OWNER RESPONSIBLE. It shaH be the responsibility ofthe owner to
see that persons occupying the rental dwelling conduct themselves in such
a manner as not to cause the premises to be disorderly. For purposes of
this section, a rental dwelling is disorderly at which any of the foHowing
activities occur:
1. Violation of Minnesota Statutes sections 609.755 through 609.76
as may be amended from time to time, relating to gambling;
2. Violation oflaws relating to prostitution or acts relating to
prostitution as defined in Minnesota Statutes section 609.321;
3. Violation of Minnesota Statutes sections 152.01 through 152.027
as may be amended from time to time, relating to the unlawful sale
or possession of controHed substances;
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4. Violation of Minnesota Statutes sections 340A.401 and 340A.503
as may be amended from time to time, relating to the unlawful
commercial sale and underage consumption of alcoholic
beverages;
5. Violation of Minnesota Statutes section 609.33 as may be amended
from time to time, which prohibits owning, leasing, operating,
managing, maintaining or conducting a disorderly house, or
inviting or attempting to invite others to visit or remain in a
disorderly house;
6. Violation of Minnesota Statutes sections 97B.021, 97B.045,
609.66 through 609.67,624.712 through 624.716,624.719,
624.731 through 624.732 as may be amended from time to time,
relating to the unlawful possession, transportation, sale or use of
weapons;
7. Violation of City Code or violation of Minnesota Statutes section
609.72 as may be amended from time to time, relating to
disorderly conduct;
8. Violation of City Code Title 7, Chapter I, relating to nuisances.
9. Violation of City Code Title 5, Chapter 4, relating to recreational
fires.
10. Violation of City Code Title 6, Chapters 2 and 3, relating to animal
controL
(B) FIRST VIOLATION. Upon determination by the Chief Building Official
that a licensed premises was used in a disorderly manner, as described in
paragraph (A) ofthis section, the Chief Building Official must give notice
to the licensee of the violation and direct the licensee to take steps to
prevent further violations.
(C) SECOND VIOLATION. If another instance of disorderly use of the
licensed premises occurs within three months of an incident for which a
notice in division (B)ofthis section was given, the Chief Building Official
must notify the licensee of the violation and must also require the licensee
to submit a written report of the actions taken, and proposed to be taken,
by the licensee to prevent further disorderly use ofthe premises. This
written report must be submitted to the Chief Building Official within five
days of receipt of the notice of disorderly use of the premises and must
detail all actions taken by the licensee in response to all notices of
disorderly use of the premises within the preceding three months.
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(D) THIRD VIOLATION.
1. If another instance of disorderly use of the licensed premises
occurs within three months after any two previous instances of
disorderly use for which notices were given to the licensee
pursuant to this section, the rental dwelling license for the premises
may be denied, revoked, suspended or not renewed. An action to
deny, revoke, suspend, or not renew a license under this section
must be initiated by the Chief Building Official who must give to
the licensee written notice of a hearing before the City Council to
consider such denial, revocation, suspension or non-renewal. Such
written notice must specify all violations of this section, and must
state the date, time, place and purpose of the hearing. The hearing
must be held no less than ten days and no more than 30 days after
giving such notice.
2. Following the hearina, the City Council may deny, revoke,
suspend or decline to renew the license for all or any part or parts
of the licensed premises or may grant a license upon such terms
and conditions as it deems necessary to accomplish the purposes of
this section.
(E) NO ADVERSE ACTION PENDING EVICTION. No adverse license
action shall be imposed where the instance of disorderly use of the
licensed premises occurred during the pendency of eviction proceedings
(unlawful detainer) or within 30 days of notice given by the licensee to a
tenant to vacate the premises where the disorderly use was related to
conduct by that tenant or by other occupants or guests of the tenant's unit.
Eviction proceedings are not ~ bar to adverse license action, however,
unless they are diligently pur~ued by the licensee. Further, an action to
deny, revoke, suspend, or notl renew a license based upon violations ofthis
section may be postponed or discontinued at any time if it appears that the
licensee has taken appropriate measures which will prevent further
instances of disorderly use.
(F) FINDING OF DISORDERLY CONDUCT. A determination that the
licensed premises have been used in a disorderly manner as described in
paragraph (A) of this section shall be made upon a fair preponderance of
the evidence to support such a determination. It is not necessary that
criminal charges be brought in order to support a determination of
disorderly use nor does the fact of dismissal or acquittal of such a criminal
charge operate as a bar to adverse license action under this section.
(G) SERVICE OF NOTICES. All notices given by the City under this section,
at the City's option, may be either personally served on the licensee, sent
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3-16-9:
3-16-10:
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by regular mail to the licensee at the address listed on the application, or
by posting on a conspicuous place on the licensed premises.
(H) ENFORCEMENT ACTIONS. Enforcement actions provided in this
section are not exclusive, and the City Council may take any action with
respect to a licensee, a tenant, or the licensed premises as is authorized by
the City Code, state or federal law.
CONDITION OF LICENSED PREMISES.
(A) COMPLIANCE ORDER. Whenever the Chief Building Official
determines that the condition of any rental dwelling or the premises
surrounding it fails to meet the provisions of this Chapter, other applicable
City Code provisions or the International Property Maintenance Code, he
or she may issue a compliance order setting forth the specific violations
and ordering the owner to correct such violations.
(B) LICENSE ACTION. If the violations listed in the compliance order are
not remedied by the owner within the specified time given in the order, the
license for the rental dwelling may be denied, suspended, revoked, or not
renewed by the City. An administrative fine in an amount set forth from
time to time by the City Council by resolution may also be imposed. If the
City decides that it will be denying, suspending, revoking or not renewing
a license or imposing an administrative fine pursuant to this Section, the
City shall send a notice of the proposed action to the owner of the rental
dwelling. The proposed action by the City shall be heard by the City
Council pursuant to the procedure set forth in Section 3-16-10 of this
Chapter.
(C) APPEAL. When it is alleged by the owner that the compliance order is
based upon the erroneous interpretation of this Chapter, other applicable
City Code provisions or the International Property Maintenance Code, the
owner may appeal the compliance order to the City Council. Such appeal
shall be in writing, must specify the grounds for the appeal, must be
accompanied by a filing fee, as set forth by resolution ofthe City Council,
from time to time, and must be filed with the City within five (5) business
days after service of the compliance order. The appeal shall be heard by
the City Council pursuant to the procedure set forth in Section 3-16-10 of
this Chapter. The filing of the 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.
HEARING PROCEDURE.
(A) SCHEDULING OF HEARING. If the City makes a determination that it
will be denying, suspending, revoking or not renewing a license pursuant
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to Sections 3-16-8 or 3-16-9 of this Chapter, or if the owner is appealing
the compliance order pursuant to Section 3-16-9 of this Chapter, the City
Council shall conduct a hearing on the matter. The hearing shall be
scheduled at the next regular City Council meeting following the date of
the notice or receipt of the owner's notice of appeal ofa compliance order.
(B) HEARING. At the hearing, the City Council shall hear all relevant
evidence and arguments and shall review all testimony, documents and
other evidence submitted. The owner shall have the opportunity to
address the City Council at the hearing.
(C) FINDINGS. After the hearing is concluded, the City Council shall make
its decision on whether to uphold the compliance order or to revoke,
suspend, deny or not renew the license or impose an administrative fine.
(D) NO OCCUPANCY. If a license is revoked, suspended, denied or not
renewed by the City Council, it shall be unlawful for the owner to
thereafter permit the occupancy of the rental dwelling or the unit. A
notice of the action shall be posted by the Building Official on the rental
dwelling or the unit in order to prevent any further occupancy. No person
shall reside in, occupy or cause to be occupied that rental dwelling or unit
until a license is obtained or reinstated by the owner.
(E) APPEAL. An owner may appeal the decision of the City Council as
allowed under state law.
3-16-11:
MISDEMEANOR.
Failure by an owner to comply with a compliance order after the right of appeal has expired or
violation of any of the provisions of this Chapter shall constitute a misdemeanor. Each day that a
violation continues shall be deemed a separate punishable offense.
SECTION 2. Title 4 of the Code of the City of Monticello is amended by adding the following
Chapter 4.
CHAPTER 4
ADOPTION OF THE INTERNATIONAL
PROPERTY MAINTENANCE CODE
4-4-1:
ADOPTION.
The International Property Maintenance Code, 2006 Edition, as published by the International
Code Council, is adopted by reference in its entirety except as amended in this Chapter.
4-4-2:
APPLICATION.
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The provisions of this Chapter shall apply to all existing residential and non-residential structures
and all existing premises.
4-4-3:
AMENDMENTS.
The International Property Maintenance code, 2006 Edition is adopted with the following
amendments:
Section 101.1 Title. Amended to read: These regulations shall be known as the Property Maintenance
code of the City of Monticello, hereinafter referred to as "this code."
Section 102.1 General. Amended to read: The provisions of this code shall apply to all matters affecting
or relating to structures and premises, as set forth in Section 10 1. Where, in a specific case, different
sections of this code specify different requirements, or if there is a conflict between the requirements of
this code and other ordinances of the city, the most restrictive shall govern.
Section 102.3 Application of other codes. Amended to read: Repairs, additions or alterations to a
structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the
Minnesota State Building Code. Nothing in this code shall be construed to cancel, modify or set aside any
provision of the City of Monticello Code of Ordinances.
Section 102.7 Referenced codes and standards. Amended to read: The codes and standards referenced in
this code shall be those that are listed in Chapter 8 and considered part of the requirements of this code to
the prescribed extent of each such reference. Where differences occur between provisions of this code and
the referenced standards, the most restrictive shall apply.
Section 103.2 Appointment. Amended to read: The Chief Building Official shall serve as the "code
official"
Section 103.5 Fees. Amended to read: The fees for activities and services performed by the department in
carrying out its responsibilities under this code shall be as indicated in the City of Monticello Fee
Schedule Ordinance.
Section 107.2 Form. Subpart 5. Deleted.
Section 107.2 Form. Subpart 6. Deleted.
Section 111.6.3 Limitations of authority. Amended by adding new section to read: The board of appeals
shall have no authority to waive fire and life safety requirements or to approve a condition that would
create a violation of the Minnesota State Building Code.
Section 201.3 Terms defined in other codes. Amended to read: Where terms are not defined in this code
and are defmed in the Minnesota State Building Code or elsewhere in the City of Monticello Ordinances,
such terms shall have the meanings ascribed to them as stated in those codes.
Section 202 General Definitions. Amended by adding: Junk Vehicle: A vehicle without a valid current
license, or without a valid current registration (if applicable), or which is apparently inoperable
located outside an enclosed building in a residential area including, but not limited to ,
automobiles, trucks, motorcycles, snowmobiles, trailers, all-terrain vehicles and watercraft.
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Inoperative Motor Vehicle. Deleted.
Section 302.4 Weeds. Amended to read: All premises and exterior property shall be maintained free from
weeds or plant growth in excess of six (6) inches in height. All noxious weeds shall be prohibited. Weeds
shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however,
this term shall not include cultivated flowers and gardens.
Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a
notice of violation, they shall be subject to prosecution in accordance with section 7-1-4 ofthe Monticello
City Ordinances.
Section 302.8 Motor vehicles. Amended to read: except as provided in other regulations, no junk vehicle
shall be parked, kept or stored on any premises unless within a totally enclosed structure. No vehicle
shall at any time be in a state of major disassembly, disrepair or in the process of being stripped or
dismantled. Spray painting of vehicles is prohibited unless conducted inside an approved spray booth.
Exception: Any vehicle is permitted to undergo major overhaul, including body work, provided
that such work is performed inside a structure or similarly enclosed area designed and approved
for such purposes. Automotive maintenance and repair shall be limited to the owners/occupants
who reside at that address.
Section 303.2 Enclosures. Amended and replaced with Section 3-2[F]IO. of the City of Monticello
Zoning code;
3-2 fFl10. All swimming pools, hot tubs, spas, and other water tanks exceeding 24 inches in depth
must be completely fenced in.
a. Residential swimming pool fences shall be constructed as follows:
i. Residential swimming pool fences must be at least 48 inches in height. The
fence must not permit the passage of a 4-inch sphere through openings in the
fence. Fences must be constructed of durable, corrosion- and decay- resistive
materials. Openings below the fence to grade must not exceed 4 inches.
ii. Where an above-ground pool structure has walls that are at least 4 feet in
height, the pool wall may serve to meet the fencing requirements; however, the
access to the pool must provide equivalent protection to prevent unauthorized
entry.
iii. Fences for swimming pools must include a self-closing, self-latching device on
all gates. Latches must be installed at least 3 feet 6 inches above grade.
Gates must not exceed 4 feet in width and must meet the same construction
requirements as fences. You must provide temporary fencing during
installation if your yard is not fenced. Building permits are required for fences
exceeding 6 feet 6 inches in height.
b. Commercial swimming pool fences shall be not less than 5 feet in height and
constructed as required by the Minnesota Department of Health.
(#305, 1/12/98)
Section 304.14 Insect screens. Amended to read: During the period from April I to October 31, every
door, window and other outside opening required for ventilation of habitable rooms, food preparation
areas, food service areas or any areas where products to be included or utilized in food for human
consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly
fitting screens of not less than 16 mesh per inch and every screen door used for insect control shall have a
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self-closing device in good working condition. Screens used for insect control must be maintained in
good condition, securely held in place, and free from holes or tears.
Exception. Deleted.
Section 304.15.1 Landings. Amended by adding new section to read: Exterior doors, other than storm
doors, must swing over a floor or landing of at least the width of the door opening, extending from the
threshold for a distance of at least equal to the door width, and must not be more than eight inches below
the height of the door threshold.
Section 305.7 Food preparation. Amended by adding new section to read: All spaces to be occupied for
food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in
a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes
and refuse, including facilities for temporary storage.
Section 308.1 Infestation. Amended by adding: Once exterminated, all carcasses, offal material, fecal
matter, etc. must be removed and all surfaces and materials shall be cleaned and sanitized at the direction
of the code official.
Section 308.2 Owner. Amended by adding: The owner is also responsible for maintaining the exterior
envelope of the structure by sealing or repairing all defects, cracks, gaps, holes and other openings in the
foundation and/or other building materials that may allow pests to enter the structure.
Section 401.3 Alternative devices. Amended to read: In lieu of the means for natural light and ventilation
herein prescribed, artificial light or mechanical ventilation complying with the Minnesota State Building
Code shall be permitted.
Section 404.4.1 Room Area. Amended to read: Every bedroom occupied by one person shall contain at
least 70 square feet of floor area, and every bedroom occupied by more than one person shall contain at
least 50 square feet of floor area for each occupant thereof. Every living room shall comply with Table
404.5.
Section 404.5 Overcrowding. Amended to read: Dwelling units shall not be occupied by more occupants
than permitted by the minimum area requirements of Table 404.5. The number of persons occupying a
dwelling unit shall not create conditions that, in the opinion of the code official, endanger the life, health,
safety or welfare of the occupants.
Table 404.5
Minimum Area Requirements
Minimum area in square feet
Space 1-2 occupants 3-5 occupants
Living room!.' No requirements 120
Dining room'.' No requirements 80
Kitchen' 50 50
Bedrooms Shall complv with Section 404.4.1
1. See Section 404.5.2 for combined living room/dining room spaces.
2. See Section 404.5.1 for limitations on determining the minimum occupancy area for sleeping purposes.
6 or more occuoants
150
100
60
Section 404.5.1 Sleeping area. Amended by adding new section to read: The minimum occupancy area
required by Table 404.5 shall not be included as a sleeping area in determining the minimum occupancy
area for sleeping purposes. All sleeping areas shall comply with Section 404.4.
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Section 404.5.2 Combined spaces. Amended by adding new section to read: Combined living room and
dining room spaces shall comply with the requirements of Table 404.5 if the total area is equal to that
required for separate rooms and if the space is located so as to function as a combination living
room! dining room.
Section 505.1 General. Amended by replacing "International Plumbing Code" with "Minnesota State
Plumbing Code."
Section 602.2 Residential occupancies. Amended to read: Dwellings shall be provided with heating
facilities capable of maintaining a minimum room temperature of 680 F in all habitable rooms, bathrooms
and toilet rooms when the outdoor temperature is _200 F or warmer. Cooking appliances shall not be used
to provide space heating to meet the requirements of this section.
Exception: Deleted.
Section 602.3 Heat supply. Amended to read: Every owner and operator of any building who rents, leases
or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat
to the occupants thereof shall supply heat during the period from September I to May 31 to maintain a
temperature of not less than 680 F in all habitable rooms, bathrooms, and toilet rooms.
Exceptions:
I. When the outdoor temperature is below _200 F, maintenance of the minimum room
temperature shall not be required provided that the heating system is operating at its full
design capacity.
2. Deleted.
Section 602.4 Occupiable work spaces. Deleted.
Section 603.1.1 Appliance testing. Amended by adding new section to read: Central heating appliances
shall be tested by a licensed mechanical contractor to verify that the appliance is in a safe working
condition when evidence of malfunction, corrosion, deterioration or excessive interior carbon monoxide is
suspected.
Section 603.2 Removal of combustion products. Amended to read: All fuel-burning equipment and
appliances intended for heating shall be connected to an approved chimney or vent to the exterior of the
structure.
Section 604.2 Service. Amended by replacing "ICC Electrical Code" with "Minnesota State Electrical
Code."
Section 702.1 General. Amended by replacing "International Fire Code" with "Minnesota State Fire
Code."
Section 702.2 Aisles. Amended by replacing "International Fire Code" with "Minnesota State Fire Code."
Section 702.3 Locked doors. Amended by replacing "International Building Code" with "Minnesota State
Building Code."
Section 704.1 General. Amended to read: All systems, devices and equipment to detect a fIre, actuate an
alarm, or suppress or control a fIre or any combination thereof shall be installed and maintained in an
operable condition at all times in accordance with the Minnesota State Building Code.
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Section 704.2 Smoke alarms. Amended by replacing "International Fire Code" with "Minnesota State
Fire Code."
Chapter 8 ICC references. All references to the International Building, Fire, Fuel Gas, Mechanical,
Plumbing, and Electrical Codes shall mean the applicable chapters of the Minnesota State Building Code.
All references to the International Zoning Code shall mean the applicable chapters of the City of
Monticello Zoning Code.
SECTION 3. EFFECTIVE DATE. This ordinance shall be effective upon passage and
publication and shall apply to all new and existing rental dwellings.
ADOPTED by the Monticello City Council this _ day of
,2007.
CITY OF MONTICELLO
By:
Clint Herbst, Mayor
ATTEST:
Jeff O'Neill, City Administrator
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