ORDINANCE NO. 263 THE SCOPE OF THE RENTAL HOUSING ORDINANCE, AND TO ADD LANGUAGE CONCERNING THE LICENSING PERIOD DEADLINE, RENTAL INSPECTION FEES, QUALIFICATIONS OF RENTAL HOUSING INSPECTORS, REINSPECTION FEES, FINES AND ASSESSMENTS, DEFINITION OF SUBSTANDARD PROPERTY CONDITION, SUBSTANDARD PROPERTY CITATION AND DEFINITION OF EXCESSIVE CLUTTER.

ORDINANCE NO. 263

AN ORDINANCE AMENDING

LESTER PRAIRIE MUNICIPAL CODE TO AMEND SECTION 5.7.1.2, THE SCOPE OF THE RENTAL HOUSING ORDINANCE, AND TO ADD

LANGUAGE CONCERNING THE LICENSING PERIOD DEADLINE, RENTAL INSPECTION FEES,

QUALIFICATIONS OF RENTAL

HOUSING INSPECTORS,

REINSPECTION FEES, FINES AND

ASSESSMENTS, DEFINITION OF

SUBSTANDARD PROPERTY

CONDITION, SUBSTANDARD

PROPERTY CITATION AND

DEFINITION OF EXCESSIVE CLUTTER.

Section 1:

The City Council of the City of Lester Prairie ordains Section 1, Section 5.7.1.2 shall be deleted and there shall be inserted in its place the following language:

“Scope. The provisions of this ordinance shall apply to all buildings or portions thereof used, or designed or intended to be rented, leased, or let for human habitation. All provisions of this ordinance shall apply to dwellings in existence at the time of adoption of this ordinance. Rest homes, convalescent homes, nursing homes, hotels, motels and units rented, let or leased to direct family members of the property owner are exempt from the provisions of this ordinance.”

Section 2:

The following Section 5.7.3.3.1 shall be added to the Lester Prairie Municipal Code:

“5.7.3.3.1 Licensing Period Deadline. The licensing period deadline shall be March 31, of even years. All properties required to be licensed by this Ordinance shall have applied for licensing with the City Office, shall have paid the required fee or fees, and shall have satisfactorily completed the required Rental Housing Inspection by the deadline date. Failure to comply with this section could result in fines and/or denial of a Rental Housing License for the property in violation.”

Section 3:

The following section 5.7.3.5.1 shall be added to the Lester Prairie Municipal Code:

“5.7.3.5.1“ Additional Fees. The City shall have the right, and just cause, to bill or to assess the responsible party for additional costs associated with:

1. Required additional Follow up Rental Inspections, beyond the prescribed number allowed, for a single Rental Inspection cycle.

2. Failure of the responsible party to appear for a scheduled inspection without prior notification of the inspector.

3. After hour, weekend or holiday inspections.”

Section 4:

The following section 5.7.3.5.2 shall be added to the Lester Prairie Municipal Code:

“5.7.3.5.2 Inspection Required. Prior to the issuance of, and as a prerequisite to, the Rental Housing License, It shall be required that the property be inspected by a qualified representative of the City and certified as being in substantial compliance with the provisions of this ordinance. Both initial, and any required follow up inspections, must be accomplished with all repairs completed or issues addressed prior to the licensing deadline defined elsewhere in this ordinance.”

Section 5:

The following section 5.7.3.6.1 shall be added to the Lester Prairie Municipal Code:

“5.7.3.6.1 Substandard Property Condition:

1. When during the course of a Rental Housing Inspection or complaint investigation, the inspector encounters or observes a condition or conditions that are considered dangerous to life, safety, health or the welfare of the occupants, the inspector shall, if the situation warrants, issue a Substandard Property Condition Citation.

2. Prior to, or immediately after, the issuance of the Substandard Property Condition Citation, the inspector will be required to notify the City of the posting and the reason for the posting.

3. The inspector shall have the authority to require immediate evacuation of the premises in the event of immediate danger to life or safety.

4. The removal or defacing of, or tampering with, a Substandard Property Condition Citation posting shall be punishable as a criminal offense and subject to the provisions of State Statutes regulating misdemeanors as outlined in this ordinance.

5. The Property shall remain unoccupied until such time as the condition is, or conditions are, corrected and satisfactorily reinspected.”

Section 6:

The following section 5.7.3.6.2 shall be added to the Lester Prairie Municipal Code:

“5.7.3.6.2 Sequence of Enforcement and Penalty Criteria: If upon completion of an initial rental housing inspection and subsequent reinspection, with appropriate and documented notification of the property owner or agent, a property is found to remain in a state of noncompliance, the property owner or agent shall be given written notification of the remaining infraction(s) and shall be informed of the following:

1. The exact date and time of the second follow up inspection not to exceed 14 days from the first reinspection.

2. Upon completion of the second follow up inspection: If the infractions have been satisfactorily addressed or corrected:

The city will, at their discretion, levy a reinspection fee of $ 40.00 to cover the cost of the second follow up inspection.

If the infraction(s) remain(s), Section 5.7.2.5.3.1 shall be imposed including:

a. A $50.00 fine. b. The assessment of $5.00 per day that the alleged violation(s) remain(s).

C. The $5.00 per day will be enforced through the day that a satisfactory follow up inspection is conducted.

3. The $50.00 fine and subsequent $5.00 per day assessment must be paid in full to the city within 14 days of the satisfactory follow up inspection or, pursuant to Section 5.7.3.4 the City shall have the right and just cause to revoke or deny licensing the property as Rental Housing Property.

4. The property owner or agent shall be notified in writing of Section 5.7.3.4, indicating their right of appeal.”

Section 7:

The following Section 5.7.3.6.3 shall be added to the Lester Prairie Municipal Code:

“5.7.3.6.3 Substandard Property Condition Citation shall be issued in the event of a ‘SUBSTANDARD BUILDING’ and shall, upon posting of the citation, prohibit the occupancy of the building until such time as corrections are made and verified by inspection.”

Section 8:

The following Section 5.7.4 shall be added to the Lester Prairie Municipal Code:

“5.7.4 Definitions of Excessive Clutter. Buildings, occupancies or rooms where the state of order or clutter is such that a health, safety, fire or egress issue exists, shall be deemed substandard as defined by this ordinance.”

Section 9:

This ordinance shall take force and be in effect from and after its passage and publication.

Adopted this 13th day of November, 2006.

CITY OF LESTER PRAIRIE

By Eric Angvall, Its Mayor

ATTEST:

By Marilyn L. Pawelk, Its City Clerk

Published in the Herald Journal Nov. 20, 2006.


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