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City Council Ordinance 464 (not signed)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 of the City of Monticello is amended by adding the following Chapter 16. CHAPTER 16 RENTAL HOUSING LICENSE PROVISIONS 3-16-1 PURPOSE 3-16-2 APPLICABILITY; SCOPE 3-16-3 DEFINITIONS 3-16-4 ENFORCEMENT OFFICER 3-16-5 RESPONSIBILITY OF OWNER (LANDLORD) 3-16-6 GENERAL LICENSING PROVISIONS 3-16-7 INSPECTIONS 3-16-8 CONDUCT ON LICENSED PREMISES 3-16-9 CONDITION OF LICENSED PREMISES 3-16-10 HEARING PROCEDURE 3-16-11 MISDEMEANOR 3-16-1: PURPOSE. It is the purpose of this 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 of life 130189 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 Official" 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 of land 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. 2 130189 3-16-5: 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. 3-16-6: 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. If the 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: 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 130189 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 14th, 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 of the effective date of this Ordinance shall apply for the initial license by October 1St, 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 of the effective date of this Ordinance, if the 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 of the 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 of the 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 of license transfer fee. (H) REGISTER OF OCCUPANCY. The owner shall keep a current register of occupancy for each rental dwelling. This register of occupancy maybe reviewed by the City at any time. Said register of occupancy shall contain, at a minimum, the following information: Address(es) of the rental dwelling; 2. Number of bedrooms of each unit; 4 130189 3. Number of units in each building; and 4. Number of adults and children (under 18) currently occupying each unit. 3-16-7: INSPECTIONS. (A) ROUTINE LICENSE INSPECTIONS. After the initial inspection and issuance of the initial license, the owner of a rental dwelling shall permit access by the City to perform a minimum of one inspection every two years of the 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 shall 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 shall respond to complaints of violations of this Chapter. A complaint maybe cause for a complete inspection of a unit or building. If an inspection is to be made, the Chief Building Official shall notify the owner/tenant of the inspection. If there 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 of the inspection shall 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 of license renewal. 3-16-8: CONDUCT ON LICENSED PREMISES. (A) OWNER RESPONSIBLE. It shall be the responsibility of the 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 following activities occur: Violation of Minnesota Statutes sections 609.755 through 609.76 as maybe amended from time to time, relating to gambling; 2. Violation of laws 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 maybe amended from time to time, relating to the unlawful sale or possession of controlled substances; 5 130189 4. Violation of Minnesota Statutes sections 340A.401 and 340A.503 as maybe 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 maybe 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 maybe 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 maybe amended from time to time, relating to disorderly conduct; 8. Violation of City Code Title 7, Chapter 1, 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) of this 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 12 months of an incident for which a notice in division (B) of this 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 of the 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. 6 130189 (D) THIRD VIOLATION. If another instance of disorderly use of the licensed premises occurs within 12 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 hearing, 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 a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or not renew a license based upon violations of this 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, maybe either personally served on the licensee, sent 7 130189 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. 3-16-9: 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 maybe 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 of the 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. 3-16-10: 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 8 130189 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 of a 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. 9 130189 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 101. 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 S. 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 defined 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. 10 130189 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 of the 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]10. of the City of Monticello Zoning code. Section 304.14 Insect screens. Amended to read: During the period from April 1 to October 31, every door, window and other outside opening in a commercial establishment 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 aself-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 304.1 S.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. 11 130189 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 ]Lliriim~im ,4roa Requirements M inimum area ins uare feet Space 1-2 occu ants 3-5 occu ants 6 or more occu ants Living room''Z No re uirements 120 150 Dining room1r2 No re uirements 80 100 Kitchen2 50 50 60 Bedrooms Shall com ly with Section 404.4.1 1. See Section 404.5.2 for combined living room/dmmg room spaces. 2. See Section 404.5.1 for limitations on determining the minimum occupancy area for sleeping purposes. 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. 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 SOS.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 68° F in all habitable rooms, bathrooms and toilet rooms when the outdoor temperature is -20° 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 1 to May 31 to maintain a temperature of not less than 68° F in all habitable rooms, bathrooms, and toilet rooms. Exceptions: 12 130189 1. When the outdoor temperature is below -20° 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. 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 13 130189 ATTEST: Jeff O'Neill, City Administrator 14 130189 .. j ,~`, ~~.~ 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 of the City of Monticello is amended by adding the following Chapter 16. CHAPTER 16 RENTAL HOUSING LICENSE PROVISIONS 3-16-1 PURPOSE 3-16-2 APPLICABILITY; SCOPE 3-16-3 DEFINITIONS 3-16-4 ENFORCEMENT OFFICER 3-16-5 RESPONSIBILITY OF OWNER (LANDLORD) 3-16-6 GENERAL LICENSING PROVISIONS 3-16-7 INSPECTIONS 3-16-8 CONDUCT ON LICENSED PREMISES 3-16-9 CONDITION OF LICENSED PREMISES 3-16-10 HEARING PROCEDURE 3-16-11 MISDEMEANOR 3-16-1: PURPOSE. It is the purpose of this 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 of life in surroundings that are: safe, secure and sanitary; fr and°eCUritSeof property.or annoyances; and free from unreasonable fears about safety of persons Y 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 Official" 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 of land 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. 3-16-5: 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. 3-16-6: 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. If the 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 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 14th, 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 of the effective date of this Ordinance shall apply for the initial license by October 1St, 2007. (E) LICENSE ISSUANCE. 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 of the effective date of this Ordinance, if the 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 of the 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 of the 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 of license transfer fee. (H) REGISTER OF OCCUPANCY. The owner shall keep a current register of occupancy for each rental dwelling. This register of occupancy maybe 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; 3. Number of units in each building; and 4. Number of adults and children (under 18) currently occupying each unit. 3-16-7: INSPECTIONS. (A) ROUTINE LICENSE INSPE theOwner of a rental dwelling shall permit issuance of the mrtial license, access by the City to perform a minimum of one inspection every two years of the common space and every dwelling unit. The Chief Building Official may perform or require additional inspections if deemed necessary by the Chief Building Offani is of the time when the City ant. The owner shall notify the tenant or to inspection will be conducted and provide access to the units.. (B) RESPONSE TO COMPLAINTS. The Chief Building Official shall respond to complaints of violations of this Chapter. A complaint maybe cause for a complete inspection of a unit or building. If an inspection is to be made, the Chief Building Official shall notify the owner/tenant of the inspection. If there are violation6, 9 to cori'ecBt the p oblemcwhi h 11 notify the owner/tenant pursuant to 3 1 prompted the complaint. The cost of the inspection shall be paid by the owner if the City's inspectio nt of uch cost shall be a condition f license the occupant, and the payme renewal. 3-16-8: CONDUCT ON LICENSED PREMISES. (A) OWNER RESPONSIBLE. It shall be the responsibility of the owner to see that persons occupying the rental dwelling conduct themselves in such a manner as not to cause the Pis disorderleatiwhchlany ofthe followi g this section, a rental dwelling Y activities occur: 1, Violation of Minnesota Statutes sections 609.755 through 609.76 as maybe amended from time to time, relating to gambling; 2. Violation of laws 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 maybe amended from time to time, relating to the unlawful sale or possession of controlled substances; 4, Violation of Minnesota Statutes sections 340A.401 and 340A.503 as maybe 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 maybe 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 maybe 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 maybe amended from time to time, relating to disorderly conduct; g. Violation of City Code Title 7, Chapter 1, 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) of this 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 12 months of an incident for which a notice in division (B) of this 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 of the 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. (D) THIRD VIOLATION. If another instance of disorderly use of the licensed premises occurs within 12 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 hearing, 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 a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or not renew a license based upon violations of this 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, maybe either personally served on the licensee, sent 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. 3-16-9: 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 maybe 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 of the 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. 3-16-10: 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 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 of a compliance order. (B) HEARING. At the hearing, the City Council shall hear all relevant evidence and arguments and se owners shall havelthe op~poortum y to and other evidence submitted. Th address the City Council at the hearing. (C) FINDINGS. After the hearing ld the comeiance order or to revokemake its decision on whether to upho p 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 o do usepo benoccupied that~ental dwelling or un t shall reside in, occupy 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 ora 1 constitute a ml sdemepanorh Each da y that a violation of any of the provisions of this Chapter sh 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. 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 101. 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 S. Deleted. Section 107.2 Form. Subpart 6. Deleted. Section 111.6.3 Limitations of eufherand lAfeesafety requirements or tol approve a condition that would shall have no authority to wai 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 defined 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. 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 of the 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]10. of the City of Monticello Zoning code; ~ ' Section 304.14 Insect screens. Amended to read: During the period from April 1 to October 31, every door, window and other outside opening in a commercial establishment 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 aself-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 suitfac lrtpescand services fortthe sanit ry d sposalof food wastes a sanitary manner. There shall be adequate and refuse, including facilities for temporary storage. Section 308.1 Infestation. Amended by addiannga Oaterials sha 1 becleaned and sanitized at the direct on matter, etc. must be removed and all surfaces 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 Re uirements Minimum area ins uare feet Space 1-2 occu ants 3-5 occu ants 6 or more occu ants 120 150 Living room''2 No re uirements 80 100 Dining room''Z No re uirements 60 50 Kitchen2 50 Bedrooms Shall com ly with Section 404.4.1 1. See Section 404.5.2 for combined living room/dining room spaces. p g oses. 2. See Section 404.5.1 for limitations on determining the minimum occupancy area for slee in pure Section 404. S.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. 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 SO5.1 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 68° F in all habitable rooms, bathrooms and toilet rooms when the outdoor temperature is -20° 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 su F in all habitable rooms, bathroomsp and toilet rooms.31 to maintain a temperature of not less than 68 Exceptions: 1. When the outdoor temperature is below -20° 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. 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