Ordinance 593 Rental

CITY OF CAMBRIDGE
ORDINANCE 593
Title IX General Regulations, Chapter 99 Requests for Rental Housing Inspection
The City of Cambridge City Council does hereby amend the Cambridge City Code Title IX General Regulations by adding Chapter 99 Requests for Rental Housing Inspections:
99.01 PURPOSE
It is the purpose of this subchapter to provide a mechanism for a Tenant, Owner, or Neighborhood Association to request the City of Cambridge to inspect a Rental Dwelling or Living Unit for let for occupancy for compliance with building code, fire code, and the Citys housing maintenance code so as not to become a nuisance to the neighborhood and/or community.
99.02 DEFINITIONS.
For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
CITY ADMINISTRATOR. The City Administrator or the City Administrators designee.
LET FOR OCCUPANCY or TO LET. To permit possession or occupancy of a dwelling or living unit by a person who is not the legal Owner of record thereof, pursuant to a written or unwritten lease, or pursuant to a recorded or unrecorded agreement whether or not a fee is required by the agreement.
LIVING UNIT. A single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.
NEIGHBORHOOD ASSOCIATION (Housing Related). Housing-related neighborhood organization means a nonprofit corporation incorporated under chapter 317A that:
(1) designates in its articles of incorporation or bylaws a specific geographic community to which its activities are limited; and
(2) is formed for the purposes of promoting community safety, crime prevention, and housing quality in a nondiscriminatory manner.
For purposes of this chapter, an action taken by a Neighborhood Association with the written permission of a residential Tenant means, with respect to a building with multiple dwelling units, an action taken by the neighborhood organization with the written permission of the residential Tenants of a majority of the occupied units.
NO OCCUPANCY ORDER. The rental dwelling cannot be used for sleeping, eating, cooking, or living.
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, or any person representing the actual Owner.
RENTAL DWELLING. Any apartment, general housing unit, or single family dwelling let for occupancy.
TENANT. Tenant means a person who is occupying a dwelling in a residential building under a lease or contract, whether oral or written, that requires the payment of money or exchange of services, all other regular occupants of that dwelling unit, or a resident of a manufactured home park.
VIOLATION. A deficiency of any state or city health, safety, housing, building, fire prevention, or housing maintenance code applicable to the building.
99.03 INSPECTIONS AND FEES
(A) Responsibility. It is the responsibility of the Owner to be in compliance with City ordinances and State laws.
(B) Maintenance standards. Every rental dwelling must maintain the standards in the City Housing Code Chapter 97, in addition to any other requirement of the ordinances of the City or the laws of the State of Minnesota.
(C) Inspections and Fees.
(1) The City Administrator is authorized to make inspections at the request of a Tenant, Owner, or Neighborhood Association to ensure compliance with building code requirements, fire code requirements, and city ordinances such as the Citys Housing Code.
(2) All designated agents authorized to make the requested inspection may enter at reasonable times any rental dwelling with the Tenants or Owners permission. If any Owner, operator, occupant or other person(s) in charge of a rental dwelling refuses to permit access and entry to the rental dwelling, or any part thereof, the designated agent may, upon showing that probable cause exists for the inspection, seek a court order directing compliance with the inspection in order to secure entry.
(3) The requested inspection will be conducted and a fee charged in accordance with the Citys Licenses, Fees, and Permits Ordinance.
(a) If violations are not corrected and reinspections are required, a fee will be charged for each subsequent re-inspection occurring after the due date for compliance with an order. The amount of the re-inspection fee will be set by ordinance of the City Council.
(b) The violation and/or re-inspection fees prescribed above are to be billed directly to the Owner of the property.
(c) The City Administrator may waive a re-inspection fee in case of error, mistake, injustice, or other good cause.
(d) Failure to attend a scheduled inspection date or failure to pay any fees associated with inspections may have additional penalties and/or fines as outlined in Chapter 38 of the City Code.
99.04 Summary Action Remedies
When the conduct of any Owner/licensee or their agent, representative, employee or lessee or the condition of their rental dwelling is detrimental to the public health, sanitation, safety and general welfare of the community at large or residents of the rental dwelling as to constitute a nuisance, fire hazard or other unsafe or dangerous condition and thus give rise to an emergency, the City Administrator has the authority to issue a No Occupancy Order or close off individual units or such areas of the rental dwelling.
Notice of No Occupancy Order must be posted at the location of the rental dwelling and at the units or areas affected and shall indicate the units or areas affected. Upon notice of a No Occupancy Order, the City Administrator may impose terms and conditions as necessary to remedy the nuisance, fire hazard, or other unsafe or dangerous condition.
99.05 Owners Right to Appeal
Any person aggrieved by a decision or action of the City Administrator shall be entitled to appeal to the City Council by filing a notice of with the City Administrator. The appeal must be filed within ten (10) days of the City Administrators decision. The City Administrator will schedule a date for a hearing before the City Council and notify the aggrieved person of the date.
The hearing must be conducted in the same manner as if the aggrieved person had not received summary action. The decision of the City Administrator is not voided by the filing of such appeal. Only after the Council has held its hearing will the decision or action of the City Administrator be affected.
99.06 ASSESSMENT OF UNPAID FEES OR FINES
Any unpaid violation fine or reinspection fees may be assessed against the property in the manner set forth in 38.07 of the City Code.
Adopted by the Cambridge City Council this 16th day of September, 2013.
Marlys A. Palmer, Mayor
ATTEST:
Lynda J. Woulfe, City Administrator
Published in the
Isanti County News
September 25, 2013
26005

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