Emily, Minn., Mun. Code Ch. 150 (2026) § 150.22

(A) General. The Housing Official administers and enforces the provisions of this section. The Housing Official may inspect on a biannual basis or by complaint. Inspections must be conducted during reasonable daylight hours. The Housing Official must present evidence of official authority to the occupant in charge of a registered rental dwelling. The Housing Official shall have the authority to issue petty misdemeanors.


(B) Notices and orders. The Housing Official shall issue all necessary notices or orders to enter the structure or premises at reasonable times to inspect. Prior to entering into a space not otherwise open to the general public, the Housing Official shall make a reasonable effort to locate the owner or other person having charge or control of the structure or premises, present proper identification and request entry. If requested entry is refused or not obtained, the Housing Official shall pursue recourse as provided by law.


(C) Right of entry. Upon receipt of a written complaint, the Housing Official is authorized to enter the structure or premises at reasonable times to inspect prior to entering into a space not otherwise open to the general public, the Housing Official shall make reasonable effort to locate the owner or other person having charge or control of the structure or premises, present proper identification and request entry. If requested entry is refused or not obtained, the Housing Official shall pursue recourse as provided by law.


(D) Access by owner or operator. Every occupant of a structure or premises shall give the owner or operator thereof, or agent or employee, access to any part of such structure or its premises at reasonable times for the purpose of making such inspection, maintenance, repairs or alterations as are necessary to comply with the provisions of this chapter.


(E) Identification. The Housing Official shall carry proper identification when inspecting structure on premises in the performance of duties under this chapter.


(F) Coordination of enforcement. Inspection of premises, the issuance of notices and orders and enforcement thereof shall be the responsibility of the Housing Official so charged by the jurisdiction. Whenever inspections are necessary by any other department, the Housing Official shall make reasonable effort to arrange for the coordination of such inspections so as to minimize the number of visits by inspectors, and to confer with the other departments for the purpose of eliminating conflicting orders before any are issued. A department shall not, however, delay the issuance of any emergency orders.


(G) Rule making authority. The City Council shall have power as necessary, in the interest of public health, safety and general welfare, to adopt and promulgate rules and regulations to interpret and implement the provisions of this chapter to secure the intent thereof and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements, specifically provided for in this chapter of violating accepted engineering practice involving public safety. Upon determination by the city that a registered premises was used in a disorderly manner, the city shall give notice to the registrant and occupant of the violation and direct the registrant and occupant to take steps to prevent further violations.


(H) Organization. The City Council shall appoint such number of officers, technical assistants, inspectors and other employees as shall be necessary for the administration of this chapter and as authorized to designate an employee as deputy who shall exercise all the powers of the Housing Official during the temporary absence or disability of the Housing Official.


(I) Relief from personal responsibility. The Housing Official, officer or employee charged with the enforcement of this chapter, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of any act required or permitted in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this chapter shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The Housing Official or any subordinate shall not be liable for costs in any action, suit or proceeding that is instituted in pursuance of the provisions of this chapter; and any officer of the Department of Housing Inspection, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.


(J) Official records. An official record shall be kept by the city of all business and activities of the department specified in the provisions of this chapter, and all such records shall be open to public inspection at all appropriate times and according to reasonable rules to maintain the integrity and security of such records.


(Ord. passed - -2012)