Excelsior, Minn., Code of Ordinances ch. 8, art. IV § 8-105

Responsibility of owners and occupants

In Force
Verified 11/13/2026 · Next check 2/11/2027
ExcelsiorHabitability & Repair

Operative Text

Excelsior, Minn., Code of Ordinances ch. 8, art. IV § 8-105
(a) Compliance required. No person shall occupy and no owner or agent shall let or allow another to occupy any rental dwelling, rental dwelling unit, or its portion for the purpose of living therein that does not comply with the requirements set forth in this article.
(b) Defacement of property. No person shall willfully or wantonly damage, mutilate, or deface any exterior surface of any rental dwelling or accessory structure on any private or public property by placing thereon any marking, carving, or graffiti. It shall be the responsibility of the property owner to restore any defaced surface to an approved professional state of maintenance and repair.
(c) Foundations, roofs, exterior walls, and surfaces.
(1) All exterior surfaces shall be of a material manufactured or processed specifically for use in such a weather-exposed location, including redwood and other naturally suitable materials, and every exterior wall, chimney, foundation, and roof shall be reasonably weathertight, watertight, and rodentproof, and shall be kept in a professional state of maintenance and repair. Exterior walls shall be reasonably maintained and kept free from dilapidation through a significant number or amount of cracks, tears, or breaks, or from significant deterioration of plaster, stucco, brick, wood, or other structural or protective material, and the exterior walls shall not exhibit reasonable evidence of long neglect as determined by the city building official.
(2) The protective surface on exterior walls of a rental dwelling above ground level shall be maintained in good repair so as to provide a sufficient covering and protection from deterioration of the structural underneath. Without limiting the generality of this section, a protective surface of a rental dwelling shall be deemed to be out of repair if the city building official reasonably determines that:
a. The exterior surface, including window trim, cornice members, porch railings, and other such areas, has a significant amount of paint that is blistered, cracked, flaked, scaled, or chalked away;
b. A significant amount of the pointing of any chimney or the pointing of any brick or stone wall is loose or has fallen out.
(3) Any exterior surface or plane required to be repaired under the provisions of this section shall be repaired in its entirety.
(4) No exterior wall of any rental dwelling or accessory structure shall have a significant amount of paint that is blistered, cracked, flaked, scaled, or chalked away.
(5) No person shall apply any paint on the exterior surface of any rental dwelling or accessory structure unless such paint contains less than 0.06 percent lead.
(d) Interior.
(1) Every interior partition, wall, floor, door, window, trim surface, radiator, and ceiling in every rental dwelling shall be kept in a professional state of repair. In other than owner-occupied dwellings, such components shall be provided with an interior finish material specifically manufactured for, and intended to be used as, an interior finish surface. Walls, floors, and ceilings that are required to be fire rated by new construction regulations shall be maintained and repaired to prevent a lowering of the resistance to fire or the spread of fire. In addition, maintenance and repairs to walls, floors, and ceilings separating dwelling units, or separating dwelling units from public corridors or stairways, shall be done in a manner that will not reduce the sound transmission class of such walls, floors, or ceilings. Dwelling unit doors leading to communal, shared, or public areas, when replaced, shall be replaced with an approved solid core door not less than 1⅜ inches in thickness. For purposes of this section, professional state of repair shall apply to the repair and application of all interior finishes to any surface whatsoever. Interior finished walls shall meet the flame spread classification set forth in the Uniform Building Code or Uniform Fire Code, as adopted by the city, when such interior finishes are hereafter altered, refinished, repaired, or replaced. Bathroom and toilet room floor surfaces shall be reasonably impervious to moisture.
(2) No person shall apply any paint on the interior surface of any rental dwelling or rental dwelling unit, unless such paint contains less than 0.06 percent lead.
(3) No interior wall of any building accessory thereto shall have paint that is blistered, cracked, flaked, scaled, or chalked away.
(e) Rainwater drainage. All rainwater shall be so drained and conveyed from every roof so as not to cause dampness in the walls, ceilings, or floors of any portion of the dwelling, or of any adjacent building or structure. Gutters and downspouts, if provided, shall be kept in a professional state of repair and in compliance with the provisions of this section.
(f) Windows; exterior doors; hatchways. Every window, exterior door, and basement hatchway shall be reasonably weathertight, watertight, and rodentproof, and shall be kept in a professional state of maintenance and repair. Every exterior window shall consist of either double-insulated glass or single strength glass with a storm window, or the equivalent. Every exterior door on a rental dwelling or rental dwelling unit, except those which are required to be out-swinging based on occupant load, shall be provided with a storm door unless the principal door has an "R" value of two or more. All windows in such principal doors shall consist of double-insulated glass. Storm windows and storm doors shall be installed not later than November 1 of each year. The owner or operator shall be responsible for installing all storm windows and storm doors. The following energy conservation measures are required:
(1) Install weatherstripping between exterior operable window sash and frames and between exterior door and frames. (Exception: weatherstripping is not required on storm doors or storm windows.)
(2) Caulk, gasket, or otherwise seal exterior joints between foundation and rim joist, around window and door frames, between wall and roof, between wall panels, at penetrations for utility services through walls, floors, and roofs, and all other openings in the exterior envelope.
(g) Shades; drapes. Every window of every room let to another for sleeping purposes, and the windows of bath and toilet rooms used in conjunction with such sleeping rooms, shall be supplied with shades, draw drapes, or other devices that, when properly used, will afford privacy to the occupant of the room. However, upon written agreement of the owner and the occupant, such shades, drapes, or devices need not be provided.
(h) Stairways and porches.
(1) Construction and maintenance generally; live load. Every inside and all outside stairways attached to a dwelling, every porch, and every appurtenance thereto, shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon, and shall be kept in a professional state of maintenance and repair. Normal use live load shall be the uniform load as set out in the Uniform Building Code, as adopted by the city.
(2) Handrails. Every inside and all outside stairways attached to a rental dwelling shall comply with the requirements of the Uniform Building Code and the Uniform Fire Code, as adopted by the city, concerning handrails. Handrails that were in existence prior to the effective date of the ordinance from which this article is derived are exempt from these regulations; however, any handrail in a rental dwelling that is remodeled, altered, or repaired after such date shall be required to conform to this subsection.
(3) Required means of egress to be kept clean. Required means of egress that are exposed to the elements shall be kept clear at all times of rubbish, snow, ice, or other obstructions when such egress serves a multiple dwelling.
(i) Guardrails. All accessible doorways, unenclosed floor and roof openings, open stairs, porches, balconies, walkways, and landings of a rental dwelling shall comply with the requirements of the Uniform Building Code and the Uniform Fire Code, as adopted by the city, concerning guardrails. New installations or replacements of guardrails shall be in compliance with the Uniform Building Code and the Uniform Fire Code, as adopted by the city.
(j) Cleanliness. Every occupant of a rental dwelling or rental dwelling unit shall keep in a clean and sanitary condition that part of the rental dwelling or rental dwelling unit, and its premises, which that person occupies or controls.
(k) Rental dwelling and rental dwelling unit storage standards.
(1) Findings. The city finds as follows:
a. The storage of excessive amounts of materials in rental dwellings and rental dwelling units and the disorganized storage of materials in rental dwellings and rental dwelling units has become an important problem in the city.
b. The storage in rental dwellings and rental dwelling units of newspapers, clothing, and many other kinds of materials in excessive quantities upon the floor or in large piles can serve as habitat and a refuge area for rats and other rodents.
c. The storage of excessive amounts of material in a rental dwelling, or rental dwelling unit, and the storage of material on the floor can provide a harborage for cockroaches and many other kinds of arthropods and other pests.
d. The disorganized storage of excessive amounts of material in rental dwellings and rental dwelling units can increase the risk of injury to firefighters, the risk of fires, the magnitude of fires, and the difficulty of rescue in the city.
e. Rental dwellings and rental dwelling units that have excessive amounts of materials stacked within them prevent firefighters from adequately finding their way when the rental dwelling is involved in a fire and prohibit firefighters from reasonable access to doors, windows, walls, and heating appliances within the rental dwelling or rental dwelling unit, and make it difficult to easily move firefighting and rescue equipment through the rental dwelling or rental dwelling unit.
f. The risk of spreading disease is increased by the storage of excessive amounts of materials in rental dwellings and rental dwelling units without providing adequate means of self-inspection for pests.
g. Storage of excessive amounts of materials in rental dwellings and rental dwelling units and the disorganized storage of materials in rental dwellings and rental dwelling units poses a danger to residents therein as a result of infestation by pests, increased fire hazard, and blockage of rescue equipment.
h. It is beneficial to the public health and safety to regulate the manner and quantity of storage within rental dwellings and rental dwelling units in the city, for the purpose of protecting against infestations of rodents, arthropods, and other pests, and the increased danger of fire, the increased magnitude of fire, the increased risk of harm to firefighters, and the increased difficulty of rescue.
(2) Rental dwelling and rental dwelling unit storage standards purpose. The purpose of these storage standards is:
a. To regulate the storage of materials within rental dwellings and rental dwelling units to protect the public health and safety.
b. To prevent the infestation or spread of rodents, arthropods, and other pests by providing storage standards that allow for thorough inspection of rooms within rental dwellings and rental dwelling units by those who reside therein or others and by providing storage standards which limit the amount of materials that can be stored on floors or in piles and thereby make themselves a more likely harborage for rodents, arthropods, and other pests.
c. To regulate storage so as to protect firefighters and minimize the risk of fire and the magnitude of fire as a result of materials that are stored within rental dwellings and rental dwelling units, to so restrict the storage of material in rental dwellings and rental dwelling units so firefighters can be assured of access to doors, windows, and walls, and access throughout the rental dwelling or rental dwelling unit when they enter the building in a fire situation, and to minimize the size of stacks of materials kept together within a rental dwelling or rental dwelling unit that can be a source of intense heat and also the source of a fire.
d. It is recognized in enacting this section that some lots in the city are narrow and some neighbors are separated by only a few feet. Therefore, it is also the purpose of this section to regulate storage standards within a rental dwelling or rental dwelling unit for the benefit of the health and welfare of adjoining neighbors and other members of the community who would suffer as a result of infestation or fire within a rental dwelling or rental dwelling unit.
(3) Application. This section applies to every rental dwelling or rental dwelling unit, as well as appurtenant porches, decks, and stairways, whether or not enclosed, and to garages which are an accessory use to the rental dwelling or rental dwelling unit.
(4) Storage standards. Subject to the exceptions noted in this section, all stored materials other than furniture shall, when not in actual use, at a minimum and in addition to all other requirements imposed by law, meet each of the following storage standards:
a. All materials must be stored off the floor in shelves, cabinets, or other sturdy storage devices not made of paper or paper products.
b. Storage of materials shall not impede free access to all walls, windows, doors, and heating and other fixtures.
c. Each shelf, cabinet, or other sturdy storage device, other than built-in storage devices, shall have such free space around it so access without moving the material can be obtained and a visual inspection made for combustibility, rodents, arthropods and other pests, and other health and safety hazards.
d. No area being used for storage of such materials shall have a row of shelves, cabinets, or other sturdy storage devices with such materials stored thereon that is more than three feet across at any point along the narrowest horizontal dimension. Each such row shall be at least three feet from any other such row. Free access by foot shall be available to all materials.
(5) Exceptions. The storage standards imposed by this section shall not apply to:
a. The period 30 days before and 30 days after an actual change of principal dwelling by the owner of the subject materials.
b. The first four cubic feet of subject materials in each room, porch, or deck. In order to be counted as a separate room, for the purposes of this section, the enclosed area involved must be able to be closed off completely from other rooms of the rental dwelling or rental dwelling unit.
c. The first 160 cubic feet of subject materials in any garage.
d. The first 250 cubic feet of subject materials in any attic or basement room not ordinarily used or designed for human activity other than storage. In order to be counted as a separate room, for the purposes of this section, the enclosed area involved must be able to be closed off completely from other rooms of the rental dwelling or rental dwelling unit.
(6) Misdemeanor; burden of production. Violation of any provision of these storage standards is a misdemeanor. The defendant in a criminal case shall have the initial burden of production of evidence as to exception.
(l) Supplied plumbing fixtures. Every occupant of a rental dwelling or rental dwelling unit shall keep all supplied plumbing fixtures therein clean and sanitary, and shall be responsible for the exercise of reasonable care in their proper use and operation.
(m) Plumbing fixtures or appliances furnished by occupant. Every plumbing fixture or appliance furnished by the occupant shall be properly installed and shall be maintained in good working condition, shall be clean and sanitary and free from defects, leaks, or obstructions.
(n) Composting.
(1) Definitions.
The following words, terms, and phrases, when used in this subsection (n), shall have the meanings ascribed to them in this subsection (n)(1), except where the context clearly indicates a different meaning:
Composting means a microbial process that converts plant materials to a usable organic soil amendment or mulch.
(2) Compost containers. Composting shall be conducted within an enclosed container not to exceed five feet by five feet by five feet for lots less than 5,000 square feet, two five-foot by five-foot by five-foot containers for lots 5,000 to 10,000 square feet, and three five-foot by five-foot by five-foot containers for lots greater than 10,000 square feet. Containers shall be of a durable material including, but not limited to, sturdy woven wire fencing, rot-resistant wood, or a commercially purchased composting unit which will provide for adequate aeration. Containers shall be constructed and maintained in a structurally sound manner.
(3) Location on property. The compost containers shall be located in the rear yard no closer than one foot to any rear or side property line nor closer than 20 feet to any habitable building, other than an owner-occupied one-family or two-family dwelling.
(4) Compost materials. Only grass clippings, leaves, weeds that have not gone to seed, nondiseased plants, trimmings less than one-fourth inch in diameter, straw, sawdust, wood ashes, fruit or vegetable scraps, coffee grounds, eggshells, and commercially available compost ingredients may be placed in the compost containers. Meat, bones, fat oils, grease, dairy products, feces, plastics, or synthetic fibers shall not be placed in the compost containers.
(5) Maintenance. Compost materials shall be layered, aerated, moistened, turned, managed, and covered during inclement weather to promote effective decomposition of the materials in a safe, secure, and sanitary manner.
(6) Abatement. All compost containers and/or compost materials not in compliance with this section are hereby declared a public nuisance, and are subject to abatement.
Source: Legislative text reproduced verbatim
Plain English

Excelsior Code of Ordinances ch. 8, art. IV § 8-105 establishes a broad set of maintenance and habitability standards that apply to rental dwellings and their occupants. Owners are responsible for keeping exteriors, interiors, structural elements, windows, doors, stairways, and drainage systems in sound, professional repair, while occupants must maintain cleanliness and proper use of plumbing fixtures. The provision also regulates storage practices inside units to reduce fire and pest hazards, restricts the use of lead-containing paint, and sets rules for on-site composting.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 13, 2026

Plain English — not legal advice.

For Property Managers

Under § 8-105, compliant rental property operators generally ensure that all exterior surfaces, roofs, foundations, and walls are weathertight and free from significant deterioration, and that interior finishes, stairways, guardrails, and drainage systems are kept in a professional state of repair. Operators also verify that any paint applied—inside or out—contains less than 0.06 percent lead, that storm windows and doors are installed by November 1 each year, and that units meet the storage standards designed to limit fire and pest risks. Maintaining documentation of inspections, repairs, and materials used supports ongoing compliance with this article.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 8-105 gives tenants a basis to expect that their rental dwelling meets structural, weatherproofing, and habitability standards maintained by the owner. Tenants who observe conditions such as deteriorating walls, faulty drainage, or missing storm windows may report concerns to the Excelsior city building official or a local housing authority. Tenant-rights organizations can help identify available options, including raising a violation under this provision as a defense in relevant proceedings.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated November 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

No inbound references recorded yet for this provision.

Related Rules

§ 244.260
Compliance required
§ 14.567
ADOPTED BY REFERENCE
§ 244.340
Sewer and water connections

Source Information