City of Breckenridge, MN
Wilkin County
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[HISTORY: Adopted by the Council of the City of Breckenridge 3-21-1977 by Ord. No. 328. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 64.
Fire hazards — See Ch. 92, Art. I.
Junk and debris — See Ch. 103.
Littering — See Ch. 108.
[Amended 6-16-1986 by Ord. No. 397]
The Uniform Housing Code adopted from time to time as the Minnesota State Building Code published by the International Conference of Building Officials be and the same hereby is adopted as the Housing Code for the City of Breckenridge, Minnesota, providing minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public and the owners and occupants of residential buildings.
[Amended 5-7-2018 by Ord. No. 499]
Three copies of said Uniform Housing Code, 1976 Edition, have been marked official copies and have been filed for reference and inspection in the office of the City Administrator or his/her designee and are hereby incorporated and made a part of this chapter by reference thereto subject to the exceptions and modifications stated herein to the same extent as if they were fully set out in this chapter.
A. 
The following definitions shall be added to and made a part of Chapter 4, Section 401, of said Uniform Housing Code, 1976 Edition:
BUILT-IN DEFICIENCY
A deficiency existing at the time of adoption of this code, which in and of itself does not reasonably cause a hazard to life or property and which would require major structural modification of the building to correct. A built-in deficiency shall not render a dwelling unsuitable for occupancy, and such deficiency shall not constitute a violation of this code.
HABITABLE ROOM
Any room meeting the requirements of this code, as amended, for sleeping, living, cooking or dining purposes, excluding, however, such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, finished attics, foyers, storage spaces, cellars, utility rooms and similar spaces, not used by persons frequently or during extended periods.
OWNER
Any person, partnership, firm or corporation who alone, jointly or severally with others shall be in actual possession of or have charge, care or control of any dwelling or dwelling unit within the city as owner or as trustee or guardian of the estate of the person of the title holder, and such person shall be bound to comply with the provisions of this code to the same extent as the owner.
PERSON
Includes a corporation, firm, partnership, association, organization and any other group acting as a unit as well as individual. It shall also include an executor, administrator, trustee, receiver or other representative appointed according to state or federal law. Whenever the word "person" is used in any section of this code, prescribing a penalty or fine as to partnerships or association, the word shall include the officers, agents or members thereof who are responsible for any violation of such section.
REPAIR
To restore to a sound acceptable state of operation, serviceability or appearance. Repairs shall be expected to last approximately as long as would the replacement by new items.
REPLACE
To remove an existing item or portion of a system and to construct or install a new item of similar or new quality as an existing item when new. Replacement ordinarily takes place when repair of the item is impractical.
TEMPORARY HOUSING
Any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground in a permanent manner or to another structure or to any utility system on the same premises for more than 10 consecutive days.
B. 
The space and occupancy standards of Chapter 5 of the Uniform Housing Code, 1976 Edition, shall be met, except as hereby modified:
(1) 
Section 503(a) shall be modified and amended to read as follows:
Ceiling heights. Any existing habitable room of less than 90 square feet shall be considered a built-in deficiency and beyond reasonable correction.
(2) 
Section 503(b) shall be modified and amended to read as follows:
Superficial floor area. Any existing habitable room of less than 90 square feet shall be considered a built-in deficiency and beyond reasonable correction.
(3) 
Section 504(a) shall be modified and amended to read as follows:
Natural light and ventilation. All guest rooms, dormitories and habitable rooms within a dwelling unit shall be provided with natural light by means of exterior glazed openings with an area not less than 1/20 of the floor area of such rooms with a minimum of five square feet. All bathrooms, water closet compartments, laundry rooms and similar rooms shall be provided with natural ventilation by means of openable exterior openings with an area not less than 1/20 of the floor area of such rooms with a minimum of 1 1/2 square feet.
All guest rooms, dormitories and habitable rooms within a dwelling unit shall be provided with natural ventilation by means of openable exterior openings with natural ventilation by means of openable exterior openings with an area of not less than 1/20 of the floor area of such rooms with a minimum of five square feet.
C. 
The following chapters shall be added to and made a part of the Uniform Housing Code, 1976 Edition, as hereby adopted:
CHAPTER 17
INSPECTION AND CERTIFICATE OF HEALTH AND SAFETY COMPLIANCE
Sec. 1701. The Codes Administrator shall inspect all rental units within the City of Breckenridge before issuance of a certificate of health and safety compliance as described hereafter. This section shall apply to single-family dwelling rental units which are non-owner-occupied. This section shall not apply to single-family owner-occupied dwellings, hotels, motels, hospitals, nursing homes, or to any multiple dwelling unit(s) licensed by state or federal government, and shall have no effect upon the provisions of law or other ordinances relating to the issuance of building permits. Upon request of the owner or prospective buyer, any dwelling will be inspected.
[Amended 1-9-2016 by Ord. No. 491]
In conducting the inspection, the Housing Inspector will review the dwelling unit as it currently exists. Any past work or condition will be inspected and judged as it exists at the time of the inspection. Any work in place will be evaluated regardless of who did the work, when it was done or whether any permits or inspection were obtained.
No dwelling unit will be held vacant due to needed minor corrections not creating an immediate health or safety hazard as defined in Section 1801 or other built-in deficiencies beyond reasonable correction.
The City Codes Administrator's inspection shall be made to ensure that the structure is in compliance with the minimum requirements of this Housing Code. Such inspection shall be based upon requirements of the Housing Code only and shall not be used to discriminate against any person on the basis of race, color, sex, income level or any other basis not contained in the Housing Code. Minimum requirements for purposes of this chapter mean those requirements or standards which were generally in effect at the date of construction of the building, and the immediate health and safety hazards as enumerated in Chapter 18. Minimum requirements do not include those subsequent changes or additions to the State Building Code which reflect present-day standards for new construction. Minimum requirements do include any condition constituting an immediate hazard to health and safety. It is not the purpose of inspections under this chapter to require all buildings to be upgraded to satisfy the standards of the current Building Code.
Sec. 1702. Issuance of certificate. If the structure is in compliance with the minimal requirements of the Housing Code as determined by the Codes Administrator's inspection, the City Codes Administrator shall cause a certificate of health and safety compliance to be issued to the present occupant or owner, which shall state that the structure has been inspected and is in compliance with the minimum requirements of the Housing Code.
Sec. 1703. All rental units not specifically exempted under Section 1701 shall be inspected by the City Codes Administrator before September 1, 1977, and prior to the rental of any such units from and after September 1, 1977, said units shall be in compliance with this Code as evidenced by a certificate of health and safety compliance issued by the City Codes Administrator. Each nonexempt rental unit shall be inspected at least once every five years for compliance with this code. The rental of a unit for which a certificate of health and safety compliance has not been issued or which is not current under this section shall be a violation of this code, as provided in Chapter 14 hereof.
[Amended 1-9-2016 by Ord. No. 491]
One certificate may be issued for several rental units located within the same building. Said certificate shall be displayed in a conspicuous place upon the premises of a rental unit.
Sec. 1704. The fee for the inspection and certificate of health and safety compliance shall be determined from time to time by resolution of the City Council.
CHAPTER 18
IMMEDIATE HEALTH AND SAFETY HAZARDS
Sec. 1801. Immediate health or safety hazards are hereby defined to mean those conditions of a structure which are in such a state of disrepair, dilapidation or condition so as to render the structure or unit so unsafe that to permit human occupancy thereof would expose the occupant to a high or unreasonable risk of death, injury or serious property damage. The following conditions are hereby deemed to constitute immediate health or safety hazards.
1.
Heating systems that are unsafe due to burned out or rusted heat exchanges (fire box); burned out or plugged flues; not being vented; being connected with unsafe fuel supplies.
2.
Water heaters that are unsafe due to burned out or rusted out heat exchanges (fire box); burned out, rusted out or plugged flues; not being vented; being connected with unsafe gas supplies; or lack of temperature and pressure relief valves.
3.
Electrical systems that are unsafe due to dangerous overloading; damaged or deteriorated equipment; improperly taped or spliced wiring; exposed uninsulated wires; distribution systems consisting of extension cords or other temporary methods; ungrounded systems; ungrounded appliances in contact with earth.
4.
Plumbing systems that are unsanitary due to leaking waste systems fixtures and traps; lack of a water closet; lack of washing and bathing facilities; or cross connection of pure water supply with fixtures or sewage lines.
5.
Structural systems, walls, chimneys, ceilings, roofs, foundations and floor systems that will not safely carry imposed loads or loads which may reasonably be anticipated so as to render the structure liable to collapse.
6.
Refuse, garbage, human waste, decaying vermin or other dead animals, animal waste, other materials rendering it unsanitary for human occupancy, including light and air.
7.
Serious infestation of rats, insects, and other vermin.
Should an immediate health or safety hazard be found to exist, the building owner shall be ordered to forthwith and within 30 days correct the hazard, and any person currently residing within the structure shall be ordered to vacate said structure immediately. Said order(s) shall be written and shall be signed by the Codes Administrator. Should any person fail to obey the order of the Codes Administrator pursuant to this section, he or she shall, upon conviction thereof, be guilty of a misdemeanor. The procedures provided for in this section are independent of and in addition to the procedure provided for in Chapter 11 of the Uniform Housing Code, 1976 Edition.
CHAPTER 19
APPEAL
Sec. 1901. All appeals taken pursuant to this chapter shall comply with Chapter 12 of the Uniform Housing Code, 1976 Edition, except that all appeals shall be made directly to the City Council, which body shall act as a board of appeals for these matters.
Section 1204 of Chapter 12 shall be modified and amended to read as follows:
Sec. 1204. Except for vacation orders made pursuant to Section 1102 and orders issued pursuant to Chapter 17, enforcement of any notice and order of the Building Official issued under this code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.