00-027-O

ORDINANCE NO. __________

AN ORDINANCE AMENDING CHAPTER 29A OF THE DULUTH CITY CODE, 1959, AS AMENDED, TO ADOPT THE INTERNATIONAL PROPERTY MAINTENANCE CODE, AS AMENDED, AS THE HOUSING CODE OF THE CITY.

BY COUNCILOR STENBERG:

The city of Duluth does ordain:

Section 1. That Section 29A-1 of the Duluth City Code, 1959, as amended, is hereby amended to read as follows:

Sec. 29A-1. IPMC adopted.

The city of Duluth does hereby adopt by reference the year 2000 edition of the International Property Maintenance Code, as hereinafter amended pursuant to this ordinance [Article], as the housing code of the city of Duluth.

Sec. 29A-1. Definitions.

For the purpose of this Chapter, the following words and phrases shall have the meanings given to them in this Section.

Basement. A portion of a building located partly underground, but having less than 3/4 of its clear floor-to-ceiling height below the average grade of the adjoining ground. One room may qualify as a basement.

Dwelling. Any building or portion thereof which is designed for or used for residential purposes; provided, that temporary housing as hereinafter defined shall not be regarded as a dwelling.

Dwelling unit. Any room or group of rooms located within a dwelling and forming a single habitable unit equipped and intended to be used for living, sleeping, cooking and eating.

Extermination. The control and elimination of insects, rodents or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food, by poisoning, spraying, fumigating, trapping or by any other recognized and legal pest elimination methods approved by the health officer of the county board of health.

Floor area - dwelling unit. The area inside the exterior or fire walls of a building, exclusive of vent shafts, courts and public areas.

Floor area - room. The next area within the finished walls of a room.

Habitable room. A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, closets, storage spaces or bomb shelters.

Hotel. Every building or structure kept, used, maintained, advertised or held out to the public to be a place where sleeping or rooming accommodations are furnished to the general public for a shorter period of time than one week, with or without meals.

Housekeeping unit. A room or group of rooms forming a single habitable unit equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such unit, a toilet, lavatory and bathtub or shower.

Landlord. An owner, agent of an owner or other person who rents or leases a dwelling, dwelling unit, housekeeping unit or rooming unit to a tenant under a rental agreement.

Multiple dwelling. A building designed for or occupied exclusively by three or more families.

Occupant. Any person, over one year of age, living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit, housekeeping unit or rooming unit.
Operator. Any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.

Owner. Any person who, alone or jointly or severally with others:

(a) Shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or

(b) Shall have charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, prime tenant, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this Article, to the same extent as if such person were the owner.

Person. Any individual, firm, corporation, association or partnership.

Plumbing. All of the following supplied facilities and equipment: Gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar supplied fixtures together with all connections to water, sewer or gas lines.

Rental agreement. An oral or written agreement covering a definite or indefinite period of time of one week or more between a landlord and a tenant for the renting or leasing of a dwelling, dwelling unit, housekeeping unit or rooming unit.

Rental unit. Any dwelling unit or housekeeping unit that is rented or leased or offered for rent or lease under a rental agreement.

Rooming house. Any dwelling or that part of any dwelling housing five or more roomers but not including licensed nursing homes operating under the Laws of Minnesota.

Rooming unit. Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping but not for cooking or eating purposes.

Solid waste. Garbage, refuse or any other discarded solid organic or inorganic materials.

Supplied. Paid for, furnished or provided by or under the control of the owner or operator.

Temporary housing. Any tent, trailer or structure used for human shelter which is designed to be transportable, and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than 30 consecutive days.

Tenant. An occupant who occupies a dwelling, dwelling unit, housekeeping unit or rooming unit pursuant to a written or oral agreement with a landlord covering a definite or indefinite period of one week or more.

Water and sewer system. Whenever the phrase "water and sewer system approved by the building inspector" appears in this Article, it shall be defined to include private wells, public water utility mains, private septic tanks, sewage disposal systems and public sewer mains.

Meaning of certain words. Whenever the words "dwelling," "dwelling unit," "housekeeping unit," "rooming house," "rooming unit" or "premises" are used in this Article, they shall be construed as though they were followed by the words "or any part thereof."

Section 2. That the year 2000 edition of the International Property Maintenance Code adopted by this ordinance is hereby modified by deleting the following sections therefrom: Sections 103.2; 103.3; 103.5; 108.6; 111.2 through 111.8; 302.4; 502.3; 502.4; 502.4.1; and 503.3.

Section 3. That the year 2000 edition of the International Property Maintenance Code adopted by this ordinance is hereby amended by modifying the following-denominated sections thereof to read as hereinafter set forth:

101.1 Title. For the purposes of this article, these regulations shall be known as the Property Maintenance Code of the City of Duluth, hereinafter referred to as "this code."

101.2 Scope. The provisions of this code shall apply to all existing residential structures and premises and constitute minimum requirements and standards for premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties.

102.2 Maintenance. Equipment, systems, devices and safe-guards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. Equipment, systems, devices and safe-guards shall not be shut off except as required to facilitate repairs. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this article to be removed from or shut off from or discontinued for any occupied dwelling let or occupied, except for such temporary interruption as may be necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and premises.

102.3 Application of other codes. 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 of the provisions of Chapter 50 of the Duluth City Code, 1959, as amended regulating zoning.

102.7 Referenced codes and standards. 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 provisions of the referenced standards shall apply.

102.8 Requirements not covered by Code. Requirements for the strength, stability or proper operation of an existing fixture, structure or equipment or for the public safety, health and general welfare, not specifically covered by this code, shall be established by the code official, based on appropriate codes pertaining to such existing fixture, structure or equipment. Said determinations of the code official shall be communicated to the owner of the affected property or his or her designated agent in writing upon their request.

103.1 Enforcement. Responsibility for enforcement of this Code shall be vested in the city's building officials office. The city's building official is

hereby appointed as the "code official" for the purposes of this code and employees acting under his or her direction and control shall be deemed to be deputy code officials.

103.6 Fees. The fees for activities and services performed by the department carrying out its responsibilities under this code shall be established pursuant to Section 29A-3 of the Duluth City Code, 1959, as amended.

105.1 Modifications Whenever there are practical difficulties involved in carrying out the provisions of this code, the code official shall have the authority to grant modification s for individual cases, provided the code official shall first find that special and individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modification, including said reasons and said findings, shall be recorded in writing and entered in the department files.

106.3 Prosecution of violation. Subject to applicable court rules, the charging authority may, in the exercise of his or her discretion, charge any person failing to comply with a notice of violation or order served in accordance with Section 107 with an ordinance violation, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official may institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of the code or of the order or direction made pursuant thereto.

108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure may be condemned pursuant to the provisions of this code.

108.5 Prohibited occupancy. Any occupied structure condemned and so designated and placarded by the code official, shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner of any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code.

SECTION 110

Demolition

110.1 General. The code official may order the owner of any premises upon which is located any structure, which in the code official's judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner's option; or where there has been a cessation of normal constructure of any structure for a period of more than two years, to demolish and remove such structure.

110.3 Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official may cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal may be collected by any available legal means including,

but not limited to, being charged against the real estate upon which the structure is located, in which case such charges shall be a lien upon such real estate.

Section 111

Means of Appeal

111.1 Application for Appeal Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed as provided for in Section 10-5 of the Duluth City Code, 1959, as amended.

SECTION 201

GENERAL

201.5 Parts. Whenever the words "dwelling unit", "dwelling", "premises", "building", "rooming house", "rooming unit", "housekeeping unit", or "story" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof."

SECTION 202

GENERAL DEFINITIONS

202.1 Definitions. For the purposes of this Chapter, the following terms shall have the meanings hereinafter ascribed to them:

Approved. Approved by the code official.

Basement. Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein.

Bathroom. A room containing plumbing fixtures including a bathtub or shower.

Bedroom. Any room or space used or intended to be used for sleeping purposes.

Code Official. The official who is charged with the administration and enforcement of this code, or any duly authorized representative.

Condemn. To adjudge unfit for occupancy.

Dwelling. Any building or portion thereof which is designed for or used for residential purposes; provided, that temporary housing as hereinafter defined shall not be regarded as a dwelling.

Dwelling Unit. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Exterior Property. The open space on the premises and on adjoining property under the control of owners or operators of such premises.

Extermination. The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods.

Floor area-dwelling unit. The area inside the exterior or fire walls of a building, exclusive of vent shafts, courts and public areas.

Floor area-room. The next area within the finished walls of a room.

Garbage. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.

Guard. A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.
 

Habitable Space. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.

Hotel. Every building or structure kept, used, maintained, advertized or held out to the public to be a place where sleeping or rooming accommodations are furnished to the general public for a shorter period of time than one week, with or without meals.

Housekeeping Unit. A room or group of rooms forming a single habitable unit equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such unit, a toilet, lavatory and bathtub or shower.

Imminent Danger. A condition which could cause serious or life-threatening injury or death at any time.

Infestation. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests.

Labeled. Devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol or other identifying mark of nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and by whose label the manufacturer attests to compliance with applicable nationally recognized standards.

Landlord. An owner, agent of an owner or other person who rents or leases a dwelling unit, housekeeping unit or rooming unit to a tenant under a rental agreement.

Let for Occupancy or Let. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, housekeeping unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.

Multiple dwelling. A building designed for or occupied exclusively by three or more families.

Occupancy. The purpose for which a building or portion thereof is utilized or occupied.

Occupant. Any individual living or sleeping in a building, or having possession of a space within a building.

Openable Area. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.

Operator. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

Owner. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

Person. An individual, corporation, partnership or any other group acting as a unit.

Plumbing. All of the following supplied facilities and equipment: Gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar supplied fixtures together with all connections to water, sewer or gas lines.

Premises. A lot, plot or parcel of land including any structures thereon.

Rental agreement. An oral or written agreement covering a definite or indefinite period of time of one week or more between a landlord and a tenant for the renting or leasing of a dwelling, dwelling unit, housekeeping unit or rooming unit.

Rental unit. Any dwelling unit, housekeeping unit or rooming unit that is rented or leased or offered for rent or lease under a rental agreement.

Rooming house. Any dwelling or any part of any dwelling housing five or more roomers but not including licensed nursing homes operated under the Laws of Minnesota.

Rooming Unit. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.

Rubbish. Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.

Solid Waste. Garbage, refuse or any other discarded solid organic or inorganic materials.

Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under-floor space is more than 6 feet (1829 mm) above grade, as defined herein, for more than 50 percent of the total perimeter or is more than 12 feet (3658 mm) above grade, as defined herein, at any point, such usable or unused under-floor space shall be considered as a story.

Story, First. The lowest story in a building that qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than 4 feet (1219 mm) below grade, as defined herein, for more than 50 percent of the total perimeter, or not more than 8 feet (2438 mm) below grade, as defined herein, at any point.

Strict Liability Offense. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do.

Structure. That which is built or constructed or a portion thereof.

Supplied. Paid for, furnished or provided by or under the control of the owner or operator.

Temporary Housing. Any tent, trailer or structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than 30 consecutive days.

Tenant. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.

Toilet Room. A room containing a water closet or urinal but not a bathtub or shower.

Ventilation. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.

Water and Sewer System. Whenever the phrase "water and sewer system approved by the code official" appears in the code, it shall be defined to include private well, public water utility mains, private septic tanks, sewage disposal systems and public sewer mains.

Workmanlike. Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without adjacent work.

Yard. An open space on the same lot with a structure.

SECTION 301

GENERAL

301.2 Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control.

SECTION 302

EXTERIOR PROPERTY AREAS

302.7.1 Gates. Gates which are required to be self-closing and self-latching in accordance with the Minnesota state building code shall be maintained such that the gate will positively close and latch when released from a still position of 6 inches (152 mm) from the gatepost.

303.14 Insect screens. During the period from May 15 to October 15, 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 (16 mesh per 25 mm) and every swinging door shall have a self-closing device in good working condition.

Exception:  Screen doors shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.

SECTION 304

INTERIOR STRUCTURE

304.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in sanitary condition. Every occupant shall keep that part of the structure which such occupant occupies or controls in a clean and sanitary condition. Every owner of a structure containing a rooming house, a dormitory, two or more dwelling units, rooming units or housekeeping units shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.

304.3 Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking, or abraded paint shall be repaired, removed, or covered. Cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected. See Section 503.4 for additional requirements for toilet room floor surfaces.

SECTION 305

RUBBISH AND GARBAGE

305.1 Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage in accordance with the provisions of this Section and Chapters 24, 28 and 30 of the Duluth City Code, 1959, as amended.

SECTION 404

OCCUPANCY LIMITATIONS

404.1 Privacy. Dwelling units, rooming units, housekeeping units and dormitory units shall be arranged to provide privacy and be separate from adjoining spaces.

404.3 Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than 7 feet (2134 mm).

Exceptions:

1. In one- and two-family dwellings, beams or girders spaced not less than 4 feet (1219 mm) on center and projecting not more than 6 inches (152 mm) below the required ceiling height.

2. Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than 6 feet 8 inches (2033 mm) with not less than 6 feet 4 inches (1932 mm) of clear height under beams, girders, ducts and similar obstructions.

3. Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least 7 feet (2134 mm) over not less than one-third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of 5 feet (1524 mm) or more shall be included.

4. Dwelling units approved at 6 feet 9 inches under previous code editions prior to the adoption of this code.

SECTION 502

REQUIRED FACILITIES

502.2 Rooming houses and Housekeeping units. At least one water closet, lavatory and bathtub or shower shall be provided for each four rooming or housekeeping units.

SECTION 503

TOILET ROOMS

503.2 Location. Toilet rooms and bathrooms serving dwelling units, rooming units, house keeping units or dormitory units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway.

SECTION 602

HEATING FACILITIES

602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68oF ( 20oC) in all habitable rooms, bathrooms and toilet rooms using -21o F (-29 o C) as the winter outdoor design temperature. Cooking appliances shall not be used to provide space heating to meet the requirements of this section.

602.3. Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, house keeping unit, dormitory or guest room on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 15 to May 15 to maintain a temperature of not less than 68o F ( 20o C) in all habitable rooms, bathrooms, and toilet rooms.

Exception: When the outdoor temperature is below -21o F (-29 o C), maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity.

602.4. Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from October 15 to May 15 to maintain a temperature of not less than 68o F (20o C) during the period the spaces are occupied.

Exceptions:

1. Processing, storage and operation areas that require cooling or special temperature conditions.

2. Areas in which persons are primarily engaged in vigorous physical activities.

SECTION 604

ELECTRICAL FACILITIES

604.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the ICC Electrical Code. Dwelling units shall be served by a three-wire, 120-240 volt, single phase electrical service having a rating of not less than 60 amperes.

Exception: Legally installed, existing 50 ampere services for dwelling units in dwellings containing three or more units.

CHAPTER 7

FIRE SAFETY REQUIREMENTS

702.4 Emergency escape Openings. Every sleeping room located below the third story in residential and group home occupancies shall have at least one openable window or exterior door approved for emergency egress or rescue, or shall have access to not less than two approved independent exits. Required emergency and escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles, grates, or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the Minnesota State Building Code and such devices shall be releasable or removable from the inside without the use of a key, tool, or force greater than that which is required for normal operation of the escape and rescue opening. Where such bars, grilles, grates, or similar devices are installed in existing buildings, smoke detectors shall be installed in accordance with Section 704.

CHAPTER 8

REFERENCED STANDARDS

800 General References. When ever this code refers to the International Building Code, the ICC Electrical Code, the International Fire Code, the International Mechanical Code, or the International Plumbing Code, such references shall be deemed to the comparable applicable code as adopted by the State of Minnesota. Whenever this code shall refer to the International Zoning Code, such references shall be deemed to be to Chapter 50 of the Duluth City Code, 1959, as amended.

Section 4. That the Year 2000 Edition of the International Property Maintenance Code adopted by this Ordinance is hereby by amended by adding the following-denominated sections thereof which read as follows:

108.4.1 Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code.

303.18 Building security. Doors, windows or hatchways for dwelling units, rooming units or housekeeping unit shall be provided with devices designed to provide security for the occupants and property within.

303.18.1 Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented or leased shall be equipped with a dead bolt lock meeting specifications set forth herein. Such dead bolt locks shall be operated only by the turning of a knob or a key and shall have a lock throw of not less than one inch. For the purpose of this section, a sliding bolt shall not be considered an acceptable dead bolt lock. Such dead bolt locks shall be installed according to manufacturers specifications and maintained in good working order. All dead bolt locks required by this section shall be designed and installed in such a manner so as to be operable from the inside of the dwelling unit or rooming unit without the use of a key, tool, combination or any other special knowledge or effort.

303.18.2 Windows. Operable windows located in whole or in part within 12 feet above ground level or a walking surface below providing access to a dwelling unit, rooming unit and housekeeping unit that is rented or leased shall be equipped with window sash locking devices.

303.18.3 Basement hatchways. Basement hatchways providing access to a dwelling unit, rooming unit and housekeeping unit that is rented or leased shall be equipped with a device that secures the unit from unauthorized entry.

503.4 Floor surface. Every toilet room floor surface and bathroom floor surface shall be constructed and maintained to be impervious to water and to permit such floor to be easily kept in a clean and sanitary condition.

702.5 Handrails. Every exterior and interior flight of means of egress stairs serving any building or portion thereof having more than two risers shall have a handrail on at least one side of the stair. Handrails shall comply with the requirements of the state building code.

702.6 Guards. Every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Guards shall not be less than 36 inches (914 mm) high above the floor of the landing, balcony, porch, deck, ramp or other walking surface.

Exceptions:

1. The top of guardrails for stairways, exclusive of their landings, may have a height as specified in section 702.5 for handrails.

2. Existing guards a minimum of 30 inches (762mm) high above the floor of the landing, balcony, porch, deck, ramp or other walking surface that were legally installed in accordance with a previous building code that are in good repair.


Section 4. That Section 29A-2 of the Duluth City Code, 1959, as amended, is hereby amended to read as follows:

Sec. 29A-2. Applicability of article.

This Article shall apply to dwellings, dwelling units, house keeping units, rooming units, rental units and premises located within the city, except that it shall not apply to suites and sleeping rooms in hotels which are let to the public for periods of less than one week nor to common areas in such hotels.

Section 5. That Section 29A-3 of the Duluth City Code, 1959, as amended, is hereby amended to read as follows:
Sec. 29A-3. Inspections; enforcement; fees.

(a) For the purposes of attaining uniform acceptable housing standards in the city and enforcing this Chapter the building official is hereby authorized to enter, examine and survey, between the hours of 8:00 a.m. and 5:00 p.m. all dwellings, dwelling units, housekeeping units, rooming units and premises. The building official, prior to making such inspection, shall inform the owner or their agent occupants of the dwelling or dwelling units, housekeeping units, rooming units or premises to be inspected of the date and time of the his inspection by letter postmarked not less than 96 72 hours prior to the time such inspection is made. After such written notice hasshall have been given, the owner or occupant of such dwelling, dwelling unit, housekeeping unit or rooming unit, or the person in charge thereof, shall give the building official free access to such dwelling, dwelling unit, housekeeping unit or rooming unit and its premises, during such time, for the purpose of such inspection, examination or survey; provided, that such inspection, examination or survey shall not have for its purpose the harassment of such owner or occupant and that such inspection, examination or survey shall be made so as to cause the least amount of inconvenience to the owner or occupant, consistent with an efficient performance of the duties of the building official; provided, that nothing in this Section shall be construed to prohibit the entry of the building official:

(1) At any time when in the opinion of the health officer an actual emergency tending to create an immediate danger to public health and safety exists; or

(2) At any time when such inspection, examination or survey may be requested by the owner or occupant;

(b) When an order to correct a condition constituting a violation of this Chapter has been issued, the building official is hereby authorized to enter and reinspect all dwellings, dwelling units, housekeeping units, rooming units and premises for the purpose of determining compliance with the mandates of such order. The reinspection shall be made under the direction of the building official, by the building official, or by a team composed of public officers as deemed appropriate under the circumstances by the building official which may be composed of a public health representative, a building inspection department representative and a representative of the city fire department. The owner or occupant of the dwelling, dwelling unit, housekeeping unit and rooming unit, or the person in charge thereof, shall give free access to such dwelling, dwelling unit, housekeeping unit or rooming unit and its premises for the purpose of such inspection, examination or survey;

(c) Every occupant of a dwelling, dwelling unit or house keeping unit shall give the owner thereof, or the owner's agent or employee, access to any part of such dwelling or dwelling unit, housekeeping unit or its premises, at all reasonable times, for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this Article or any lawful order issued pursuant to the provisions of this Article;

(d) There shall be no charge on inspections made in response to complaints. Fees for licensing inspections and other inspections done pursuant to contract shall be established, from time to time, by resolution of the council.as provided in the respective licensing ordinance or contract. Fees for all other inspections shall be as follows:

family dwelling $50;

Two family dwelling $55;

Multiple dwellings $50 per building, plus $6 for each of the first 20 dwelling units in such building, and $5 for each dwelling unit in excess of 20;

Rooming houses $50 per building, plus $4 per bed.


Section 6. That Section 29A-4 of the Duluth City Code, 1959, as amended, is hereby amended to read as follows:

Sec. 29A-4. Service of notices and orders.
(a) Issuance; form of notice. Whenever the building official determines that there are reasonable grounds to believe that there has been a violation of any provisions of this Article, he shall give notice of such alleged violation shall be given to the person responsible therefore, as hereinafter provided.

Such notice shall:

(1) Be put in writing;

(2) Include a statement of the points of noncompliance with this Article;

(3) Allow a reasonable time for the performance of any act it requires. In determining a reasonable time for performance the building official shall consider along with all other pertinent factors the nature and extent of the work involved, the season of the year, and the existence of any immediate danger to public health and safety;

(4) Be served upon the owner or the owner's his agent and the occupant as the case may require; provided, that such notice shall be deemed to be properly served upon such owner or agent and upon such occupant if a copy thereof is served personally, or if a copy thereof is sent by United Statescertified mail, postage prepaid, to the last-known address, or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice, or if a copy there of is served by any other method authorized or required under the Laws of Minnesota;

(5) Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Article.;

(b) Notices served pursuant to this Section automatically become an order; exception. Any notice served pursuant to Subsection (1) of this Section shall automatically become an order if a written petition for a hearing is not filed in the office of the building official within 15 days after such notice is served. All orders shall be complied with; provided, that in the alternative, except for condition or situation amounting to a condemnation order, the use of the premises may be discontinued as a place of human habitation;

(c) Issuance of emergency orders without notice. Whenever the building official finds that an emergency exists which requires immediate action to protect the public health and safety, he or she may, without notice or hearing, issue an order declaring reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency notwithstanding the other provisions of this Article. Such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately.

Section 7. The Sections 29A-6 through 29A-15 of the Duluth City Code, 1959, as amended, are hereby repealed in their entirety.

Section 8. That Section 29A-27 of the Duluth City Code, 1959, as amended, is hereby amended to read as follows:

Sec. 29A-27. Definitions.

The definitions contained in Sections 201 and 202 of the year 2000 edition of the International Property Maintenance Code, as adopted by Section 29A-1 of this Chapter, shall apply to this Article.

Section 9. That Section 29A-28 of the Duluth City Code, 1959, as amended, is hereby amended to read as follows:
Sec. 29A-28. License required.

No person, whether an owner, manager, agent or sublessor, shall operate or and no owner shall permit the operation of a multiple dwelling, structure or rooming house or rent or lease or offer to rent or lease any rental unit unless such dwelling, structure, rooming house, housekeeping unitestablishment or rental unit has been granted a license or temporary certificate from the building official as provided herein. No owner of any dwelling shall permit or allow any rental unit in such dwelling to be rented or leased unless such unit is licensed as provided herein. If, during the licensing period, the number of dwelling units in a dwelling or beds in a rooming house is increased, no person shall rent or cause to be rented such additional units or beds, or permit the same to be occupied, until the building official has inspected the premises and approved them for occupancy. If found to be renting or causing to be rented a dwelling, dwelling unit, housekeeping unit, rooming unit or rental unit without a proper license, an investigation fee as established by resolution of the city council shall be paid by the owner whether or not the dwelling, dwelling unit, housekeeping unit, rooming unit or rental unit is subsequently licensed.

Section 10. That Section 29A-29 of the Duluth City Code, 1959, as amended, is hereby amended to read as follows:
Sec. 29A-29. Licenses--application, procedure.

(a) All licenses shall be issued by the building official.

Applications for licenses shall be made by the owner or manager of the dwelling to the building official upon forms provided by such official, and such applications shall be accompanied by the required license fee. Applications for renewals of licenses and licenses for new dwellings shall be made at least 60 days prior to the time the current license will expire or the units will be offered for rent. Upon receipt of a completed an application and fees the building official shall issue a temporary license certificate permitting the temporary rental of the dwelling until such dwelling has been inspected by the building official. New dwellings, dwelling units, housekeeping units, rooming units or rental units buildings which comply with the State Building Code shall be issued given a license upon completion of construction inspections by the building official and issuance of a certificate of occupancy by the building official. Buildings which comply with the State Building Code and have been completed and certified for occupancy by the building official within one year of the certification of occupancy and receipt of a completed application and fees by the building official effective date of this ordinance shall also be issued given a license for the initial licensing period without further inspection. All other multiple dwellings, rooming houses and rental units shall be inspected before receiving a license is issued. If the inspection by the building official discloses that there are violations in the building, the temporary licensecertificate may be extended for a reasonable period of time, not to exceed 120 days, so that the violations can be corrected and the building reinspected by the building official. The building official shall may not extend a temporary license certificate more than twice. No license shall be issued unless the premises or portions of the premises to be licensed have been found by the building official to comply with the provisions of this Chapter and all other applicable ordinances of the city. If only a portion of a building is licensed, no unlicensed portion shall be rented. Renting and renting of any unlicensed portion of a building shall result in be grounds for revocation of the entire license and issuance of a notice to vacate the building;

(b) If, after issuance of a temporary license certificate for an establishment, the building official is denied access to such establishment, or any portion thereof, at any reasonable time while attempting to inspect the premises, the building official may revoke such temporary license certificate upon written notice to the applicant, subject to the applicant's right to appeal as provided in this Article.

Section 11. That Section 29A-30 of the Duluth City Code, 1959, as amended, is hereby amended to read as follows:
Sec. 29A-30. Fees.

Fees for rental licenses shall be established by resolution of the city council.

(a) The fee for such license shall be as follows:

New buildings and buildings completed and certified for occupancy within one year of the effective date of this ordinance -- $15.

Dwellings -- $50 per building, plus $6 for each of the first 20 dwelling units in such building, and $5 for each dwelling unit in excess of 20.

Rooming houses -- $50 per building, plus $4 per bed;

(b) For the purpose of computing fees required by this Section, any multiple dwellings owned by the same person and situated in whole or part within 500 feet of one common point shall be considered one multiple dwelling.

Section 12. That Section 29A-32 of the Duluth City Code, 1959, as amended, is hereby amended to read as follows:
Sec. 29A-32. Licenses--terms and conditions.
(a) Each license shall be displayed in a conspicuous place within the common way or entrance of the dwelling and shall state the name and address of the owner and the person or managing agency which is managing the dwelling. No license shall be transferred to another dwelling or rental unit;

(b) If there is a change in either ownership or management of a dwelling, the person or managing agency which is managing such dwelling prior toafter such change in ownership or management shall, within five business days after such change, give written notice of the name and address of the new owner and/or manager such change to the building official. Such notice shall include the name and address of the new owner and/or manager. A new license shall be issued to the dwelling for the remainder of such license period with the name of the new manager and/or owner upon the payment of a $5 fee and the submission of all required application forms.

(c) A new license shall be issued to the dwelling for the remainder of the license period with the name of the new manager and/or owner upon payment of the required fee and submission of all required application forms.

Section 13. That Section 29A-33 of the Duluth City Code, 1959, as amended, is hereby amended to read as follows:
 
Sec. 29A-33. Inspections of licensed premises--suspensions.
(a) All premises licensed or holding temporary certificates pursuant to this Article shall be made available for inspection by the building official at any reasonable time. If the building official is denied access to any licensed premises, such official may suspend the license of the dwelling or rental unit upon written notice to the licensee, subject to the right to appeal as provided in this Article, and any such suspension shall remain in effect until inspection has been permitted;

(b) If, upon inspection of a licensed rental units for which the license has been suspended, the building official finds that any of such rental units does not comply with the provisions of this Article, or other applicable ordinances of the city, he shall serve a written notice shall be served by the building official upon the licensee stating informing him of the nature of any the violation and stating a reasonable time, not to exceed 90 days, in which the violations must be corrected or the affected premises vacated. At the end of said time, the building official shall reinspect the premises. If the premises are not vacated or the violations are is not corrected, the building official may suspend the license of the dwelling or any rental units therein, subject to licensee's right of appeal as provided in this Article. The licensee may, after such suspension, pay a re-inspection fee and request reinspection and reinstatement of his license with respect to the entire dwelling or to rental units within the dwelling not affected by the violation. If the building official inspects the premises and determines that the violations have been corrected, the license for the entire structure shall be reinstated upon payment of a reinstatement fee. The building official shall so reinstate such license for the entire dwelling upon payment of a fee of $25 by the licensee to the building official if upon reinspection he determines that the violation has been corrected. In case of request for partial reinstatement, the license shall be reinstated upon vacation of the premises affected by the violation and upon payment of a fee of $15 by the licensee to the building official;

(c) In any case where the building official suspends a license pursuant to this Section, he shall serve written notice of such suspension shall be served on the licensee and posted a notice of such suspension in a conspicuous place in the dwelling or rental unit, and both such notices shall order the vacation of the dwelling or rental unit within a reasonable time. After receipt of such notice, and if no appeal is taken within the period for appeals, it shall be unlawful for the licensee to rent or lease any rental unit or bed until his license for said unit is reinstated. Licensee shall, within ten days after receiving such notice of suspension, give notice in writing to his tenants stating the contents of the vacation order issued by the building official.

Section 14. That Section 29A-34 of the Duluth City Code, 1959, as amended, is hereby amended to read as follows:

Sec. 29A-34. Notices.

No license shall be issued pursuant to this Section unless the applicant designates in writing to the building official at an address located in the city of Duluth where notices issued by the building official may be delivered. All notices issued by the building official regarding a particular license shall be sent by first class certified mail or personally delivered to the address specified by the licensee, and for purposes of this Article delivery by such means shall constitute service of such notice on the licensee.

Any person who receives an order from the building official denying, suspending or revoking ahis temporary certificate or license may appeal such denial, suspension or revocation to the building appeal board under the procedures set forth in Section 10-5 of the Duluth City Code, 1959, as amended. Request for such appeal shall must be made in writing to the building official within 15 ten days after the day the notice was served. If an appeal is filed, no denial, suspension or revocation shall take effect until after the appeal is heard and determined as provided herein. The building official shall then set a time and place for such appeal to be heard and notify the appellant of said time and place. No appeal shall be set for hearing less than ten days or later than 40 days from the date the appeal is filed. At the hearing, appellant may be represented by counsel, may produce witnesses, and may testify in his own behalf. The building appeal board may administer oaths, take testimony and subpoena witnesses and papers at such hearing. After hearing all the evidence and arguments, and after due deliberation, the building appeal board shall affirm, reverse or modify the action of the building official. Notice of the building appeal board's decision shall be served on the appellant within 48 hours after such decision is rendered. Any action taken by the board shall be final.

Section 15. That Section 29A-35 of the Duluth City Code, 1959, as amended, is hereby amended to read as follows:
Sec. 29A-35. Statement of purpose; scope.

It is the purpose of this Article to protect and promote the general health, safety and welfare of the citizens of Duluth by providing ensuring that tenants have an effective remedy against loss of heat, water, electricity, gas, security or basic fire and life safety. This Article shall apply to all units enumerated in Section 29A-2 of this Chapter which are rented or held out for rent to another.

Section 16. That Section 29A-36 of the Duluth City Code, 1959, as amended, is hereby amended to read as follows:
Sec. 29A-36. Emergency conditions, loss of heat, water, electricity, etc.
(a) If, contrary to the rental agreement, the landlord fails to provide heat as required by Section 602 of the Code, adopted by Section 29A-1 above29A-7(c), running hot and cold water, electricity, gas or operable toilet or bathing facilities as required by law, the tenant may immediately notify the landlord and the building official, either orally or in writing, of the condition. The building official shall, as soon as possible thereafter, inspect the premises to ascertain whether such violation exists. If the building official finds the violation to exist, he shall immediately notify the landlord orally of the condition and cause written notice of the violation to be sent. If the landlord has not remedied the situation within 24 hours after receiving notice of the deficiency from the building official, the tenant may then correct the deficiency by paying a utility bill or causing the necessary repairs or corrections to be made, and may then deduct the amount of money actually used to correct the deficiency from future rent. All repairs made shall be made in conformance with applicable codes by persons who are licensed to perform the required work. In cases involving major repair or replacement of a heating plant, electric service, water service or sewer, where the apparent cost of the work exceeds $500, the landlord shall have the right to approve the method of repair and to choose the contractor if, and only if, the landlord supplies temporary heat, water or electricity to the dwelling unit in accordance with this Chapter and if a written repair contract is signed within seven days after notice is given by the building official;

(b) If the landlord fails to provide deadbolt locks or smoke detectors as required by law, the tenant may notify the landlord and the building official in accordance with Subsection (a) above and the building official shall inspect and notify the landlord of violations in accordance with said subsection. If the landlord fails to provide required deadbolt locks or smoke detectors within five days after receiving notice from the building official, the tenant may cause the corrections to be made and deduct the cost of such corrections from the rent as provided in said Subsection (a).

Section 17. This ordinance shall take effect on January 1, 2001.

STATEMENT OF PURPOSE: The purpose of this ordinance is to adopt in substance the International Property Maintenance Code, with minimal amendments, for administration and enforcement of a city housing code which promotes the general health, safety and welfare of the citizens of Duluth by establishing minimum acceptable standards for facilities that provide for health, sanitation, preservation of property, and fire and life safety within residential properties and includes provisions for a rental housing inspection and licensing program.