Mahtomedi, Minn., City Code ch. 12 § 12.05 (2026) § 12.05
Minimum Housing Standards
Operative Text
12.05 MINIMUM HOUSING STANDARDS.
1. Purpose. The purpose of this Section is:
Chapter 12 - 21
A. To maintain a quality character and stability of residential areas;
B. To correct and prevent housing conditions that adversely affect or are
likely to adversely affect the life, safety, general welfare, and health, of
persons occupying buildings;
C. To provide minimum standards for cooking, heating, and sanitary
equipment necessary to the health and safety of occupants of buildings;
D. To provide minimum standards for light and ventilation, necessary to
health and safety;
E. To prevent the overcrowding of buildings by providing minimum space
standards for each occupant;
F. To provide minimum standards for the maintenance of existing residential
buildings and to prevent slum and blight; and
G. To preserve the value of land and buildings throughout the City of
Mahtomedi.
2. Scope. This Section shall apply to every owner-occupied dwelling and every
rental dwelling and its premises used in whole or in part as a home or residence,
or as an accessory structure thereof. Dwelling units constructed prior to the
enactment of this Section on, February 21, 1996, shall comply with said
regulations if the violation poses a threat to the health, safety, and general welfare
of the occupant(s). Dwelling units constructed on or after the enactment of this
Section on, February 21, 1996, shall conform to all requirements of this Section.
This Section establishes minimum standards for erected owner occupied, rental,
or leased dwelling units, accessory structures, and related premises.
Where, in a specific case, any provisions of the State Building Code apply, the
provisions of the State Building Code shall be applied, and the minimum housing
standards shall not be applied.
3. Liability. This section shall not be construed to relieve from or lessen the
responsibility of any owner or occupier of any building, dwelling unit, or structure
for any damages to persons or property caused by defects, nor shall the City or its
agents and employees be held as assuming any such liability by reason of the
inspections authorized by this Section or any permits or certificates issued under
this Section.
4. Disputes. With respect to rental disputes, and except as otherwise specifically
provided by the terms of this Section, it is not the intention of the City to intrude
upon the contractual relationship between tenant and landlord. The City does not
intend to intervene as an advocate of either party, nor to act as an arbiter, nor to be
Chapter 12 - 22
receptive to complaints from tenant or landlord which are not specifically and
clearly relevant to the provisions of this Section.
5. Definitions. The following definitions shall apply in the interpretation and
enforcement of this Section:
A. “Accessory Building or Use” means a subordinate building or use which is
located on the same lot on which the principal building or use is situated
and which is reasonably necessary and incidental to the conduct of the
primary use of such building or principal use.
B. “Adequate” means of good quality and/or quantity approved by the
Compliance Official.
C. “Apartment Complex” means two (2) or more multiple family dwellings
grouped in one location, held by owner as herein defined.
D. “Approved” means acceptance by the Compliance Official.
E “Building” means any structure used or intended for supporting or
sheltering any use or occupancy.
F. “Compliance Official” means the Code Enforcement Officer of the City or
his/her duly authorized assistant. (3/27/00)
G. “Dwelling” means a building or portion thereof, designed or used
predominantly for residential occupancy of a continued nature, including
one-family dwellings, two-family dwellings, and multiple family
dwellings; either owner occupied or rental; but not including hotels and
motels, boarding or lodging houses, nursing homes, house trailers, or
mobile homes.
H. “Dwelling Unit” means any room or group of rooms located within a
dwelling which forms a single habitable unit with facilities which are used
or intended to be used for living, sleeping, cooking, eating, and sanitation.
i. “Multiple Family” means a building designed with three (3) or
more dwelling units exclusively for occupancy by three (3) or
more families living independently but sharing hallways and main
entrances or exits.
ii. “Single Family” means a dwelling unit designed exclusively for
occupancy by one (1) family.
a. “Attached” means a dwelling unit which is joined to one
another by a party wall.
Chapter 12 - 23
b. “Detached” means a dwelling unit which is not attached to
another dwelling or structure.
iii. “Two-Family (Duplex, Double-Bungalow)” means a structure
containing two (2) independent residential units (dwellings) which
is designed for or occupied by two (2) families, and which units
are separated by a common wall or floor. Also known as a duplex
or double-bungalow.
I. “Extermination” means the control and elimination of insects, rodents, or
other pests by eliminating their harborage places; by removing or making
inaccessible materials that may serve as their food; by poisoning, spraying,
fumigating, or trapping or by any other recognized or legal pest
elimination methods approved.
J. “Family” means any of the following:
i. A person or persons related by blood, marriage, or adoption,
together with their domestic servants or gratuitous guests, all
maintaining a common household in a dwelling unit;
ii. Group or foster care of not more than ten (10) wards or clients all
maintaining a common household in a dwelling unit approved and
certified by the appropriate public agency; or
iii. A group of not more than five (5) persons not related by blood,
marriage or adoption maintaining a common household in a
dwelling unit.
K. “Flush Water Closet” means an approved toilet, with a bowl and trap
made in one piece, which is connected to the City water and sewer system
or other approved water supply and approved sewer system.
L. “Garbage” means all putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking, and consumption of food.
M. “Habitable Room” means a room or enclosed floor space used or intended
to be used for living, sleeping, eating, or cooking purposes, excluding
bathrooms, flush water compartments, laundries, furnace rooms,
unfinished basements, pantries, utility rooms of less than fifty (50) square
feet of floor space, foyers, halls, stairways, closets, storage spaces,
workshops, hobby and recreation areas in parts of the structure below
ground level, or in attics and other similar areas.
Chapter 12 - 24
N. “Infestation” means the presence within or around the dwelling of insects,
rodents, or other pests.
O. “Kitchen” means a space which contains a sink with counter working
space, adequate space for installing cooking and refrigeration equipment,
and adequate space for the storage of cooking utensils.
P. “Occupant” means any person (including owner or operator) living,
sleeping, cooking, and eating in a dwelling unit or living and sleeping in a
rooming unit.
Q. “Operator” means the owner or his agent who has charge, care, control, or
management of a building, or part thereof, in which a dwelling or dwelling
units are leased.
R. “Or Any Part Thereof” means whenever the words "dwelling," "dwelling
unit," "rooming unit," "premises," "hotel," "motel," or "structure" are used
in this Section, they shall be construed as though they were followed by
the words "or any part thereof."
S. “Owner” means any person who holds title or is in actual possession of, or
has charge, care, or control of any dwelling or dwelling unit within the
city or an employee or agent of the owner. Any such person representing
the actual owner shall be bound to comply with the provisions of this
section to the same extent as the owner.
T. “Permissible Occupancy” means the maximum number of person
permitted to reside in a dwelling or dwelling unit.
U. “Plumbing” means all of the following supplied facilities and equipment
in a dwelling: gas piping, gas burning equipment, water pipes, steam
pipes, garbage disposal units, waste pipes, water closets, sinks, installed
dishwashers, lavatories, bathtubs, shower baths, installed clothes washing
machines, catch basins, drains, vents, and any other similar fixtures and
the installation thereof, together with all connections to water, sewer, and
gas lines.
V. “Premises” means a platted lot or part thereof or unplatted parcel of land,
either occupied or unoccupied by any dwelling or non-dwelling structure,
including such building, accessory structure, or other structure thereon.
W. “Public Hall” means a hall, corridor, or passageway for providing egress
from a dwelling unit to a public way and not within the exclusive control
of one (1) dwelling unit.
Chapter 12 - 25
X. “Refuse” means all putrescible and nonputrescible waste, decomposed
matter and solids including garbage and rubbish.
Y. “Rental Dwelling or Dwelling Unit” means a dwelling or dwelling unit let
for rent or lease.
Z. “Repair” means to restore to a sound and acceptable state of operation,
serviceability, or appearance.
Aa. “Rodent” means a mouse, rat, squirrel, or beaver or similar mammals.
Bb. “Rodent Harborage” means any place where rodents can live, nest, or seek
shelter.
Cc. “Rooming House” means a building that is the primary residence of the
owner and in which a room or group of rooms are provided by the owner,
for compensation, to adult persons and their children, not related by blood,
marriage, or adoption to the owner.
Dd. “Rooming Unit” means any room or group of rooms forming a single
habitable unit used or intended to be used for living and sleeping, but not
for cooking and eating purposes.
Ee. “Rubbish” means all nonputrescible solid wastes consisting of both
combustible and noncombustible wastes, such as paper, cardboard, tin
cans, grass and shrubbery clippings, wood, glass, brick, plaster, bedding,
crockery, leaves, dead trees or branches thereof, rags, plastic, and other
similar materials.
Ff. “Safety” means the condition of being relatively free from danger and
hazards which may cause accidents or disease.
Gg. “Substandard Dwelling” means any dwelling which does not conform to
the minimum standards established by the City Code or the laws and
regulations of the State of Minnesota.
Hh. “Supplied” means paid for, furnished by, provided by, or under the control
of the owner, operator, or agent of a dwelling.
6. Responsibilities of Owners. No owner shall lease any dwelling or dwelling unit
to another person unless it and the premises are clean, sanitary, fit for human
occupancy, and comply with all applicable City Code provisions and the laws and
regulations of the State of Minnesota.
7. Minimum Housing Standards; Rooming Houses, Hotels and Motels. Every
provision of this Section which applies to dwellings or dwelling units shall also
Chapter 12 - 26
apply to rooming houses, hotels, and motels, except to the extent that any such
provision may be found in conflict with the laws and regulations of the State of
Minnesota.
8. Maximum Density, Minimum Space, Use and Location Requirements. Except for
owner-occupied dwelling or dwelling units, every dwelling or dwelling unit shall
comply with the following requirements:
A. Permissible Occupancy. The maximum permissible occupancy of any
dwelling or dwelling unit shall be determined as follows:
i. Dwelling Area. For first occupant, two hundred (200) square feet
of habitable room floor area shall be required; for every additional
occupant thereof, at least one hundred (100) square feet of
habitable room floor area must be provided.
ii. Sleeping Area. In every dwelling unit of two (2) or more rooms,
every room designated as a bedroom or actually used for sleeping
purposes by one (1) occupant shall contain at least eighty (80)
square feet of floor space exclusive of walls and partitions.
B. Minimum Floor Area. Every dwelling unit shall have at least one (1)
room which shall have not less than one hundred twenty (120) square feet
of floor area. Other habitable rooms, except kitchens, shall have area of
not less than eighty (80) square feet.
C. Ceiling Heights. In order to qualify as a habitable room, the room must
have a clear ceiling height of not less than seven (7) feet except that in
attics or top-half stories used for sleeping, study, or similar activities, the
ceiling height shall be not less than seven (7) feet over at least one-half of
the floor area. In calculating the floor area of such rooms in attics or top-
half stories, only those portions of floor area of the room having a clear
ceiling height of five (5) feet or more may be included.
D. Room Access. No dwelling or dwelling unit containing two (2) or more
sleeping rooms shall have a room arrangement such that access to a
bathroom or water closet compartment intended for use by occupants of
more than one (1) sleeping room can be gained only by going through
another sleeping room, nor shall the room arrangement be such that access
to a sleeping room can be gained only by going through another sleeping
room. A bathroom or water closet compartment shall not be used as the
only passageway to any habitable room, hall, basement, cellar, or to the
exterior of any dwelling or dwelling unit.
9. Basic Equipment and Facilities. No person shall occupy or lease to another for
occupancy any dwelling or dwelling unit for the purposes of living, sleeping,
Chapter 12 - 27
cooking, and eating therein, which does not provide or comply with the following
requirements:
A. Kitchen Facilities. Within every dwelling or dwelling unit there shall be
an area where food may be stored, prepared and/or cooked, which contains
the following:
i. An approved kitchen sink in good working condition and property
connected to an approved water supply and waste system which
provides, at all times, an adequate amount of heated and unheated
running water with a pressure of not less than eight (8) P.S.I. at the
point of discharge, and which is connected to an approved sewer
system.
ii. Cabinets and/or shelves, for the storage of eating, drinking, and
cooking equipment and utensils and/or food which does not require
refrigeration, providing a minimum of forty-five (45) cubic feet of
storage plus an additional fifteen (15) cubic feet per occupant in
excess of one (1). Cabinets, shelves, countertops, and tables used
for the storage and preparation of foods shall have a hard non-
absorbent surface which is easily cleanable and that will not impart
toxic or deleterious effects to foods.
iii. A cook stove and oven for the preparation of food, and a
refrigerator for the safe storage of food, at or below forty (40)
degrees Fahrenheit, properly installed with all necessary
connections. Such items need not be installed when a dwelling or
dwelling unit is not occupied and when the occupant is expected to
provide these items at occupancy, in which case, space and
connections for their installation and operation shall be provided.
B. Bathroom Facilities. Every dwelling or dwelling unit shall contain a non-
habitable room which affords privacy to a person within said room and
which is equipped with toilet facilities, sink, and bathtub or shower in
good working condition, properly connected to an approved sewer and
approved water system, meeting the following minimum specifications:
i. Toilet facilities shall include a flush water closet, in good working
order, connected to a water supply of not less than eight (8) P.S.I.
and an approved drainage system. The flush water closet shall be
constructed of a smooth porcelain or equal arterial finish without
cracks or other deficiencies. The room shall be provided with
natural ventilation by means of windows openable to the exterior.
The openable area must not be less than one-twentieth (1/20) of the
floor area of the room. In lieu of such openings mechanical
Chapter 12 - 28
ventilation shall be installed to provide five (5) air changes per
hour.
ii. The sink may be in the same room as the flush water closet, or
within close proximity to the door leading directly into the toilet
room. The sink shall be connected to an approved water supply
system that will provide at all times heated and unheated water at a
pressure of not less than eight (8) P.S.I. at the point of discharge.
The sink shall be connected to an approved drainage system.
iii. The bathtub and/or shower shall be in good working condition. It
shall be located in a room with a tight fitting door containing a
privacy lock or latch. The bathtub and/or shower may be in the
same room as the flush water closet or in a separate room.
Ventilation shall be provided the same as required in rooms
containing flush water closets. Heated and unheated water shall be
provided from an approved water supply system at not less than
eight (8) P.S.I. at the point of discharge and shall be connected to
an approved drainage system.
C. Electric Circuits, Outlets and Fixtures. Every dwelling or dwelling unit
and all public and common areas shall be supplied with electric service,
functioning over current protection devices, electric outlets, and electric
fixtures which are properly installed, maintained in good and safe working
conditions, and shall be connected to a source of electric power in a
manner required by the ordinances of the City or by the laws and
regulations of the State of Minnesota. The minimum capacity of such
electric service and the minimum number of outlets and fixtures shall be
as follows:
i. Dwelling units shall have at least the equivalent of sixty (60)
ampere, three-wire electric service per dwelling unit;
ii. Dwelling units shall have at least one (1) branch circuit for each
six hundred (600) square feet of dwelling unit floor area;
iii. Every habitable room shall have at least one (1) floor or wall type
electric duplex convenience outlet and in no case less than two (2)
such electric duplex convenience outlets provided, however, that
one ceiling or wall-type light fixture may be supplied in lieu of one
(1) required electric duplex convenience outlet;
iv. Every flush water closet compartment, bathroom, kitchen, laundry
room, and furnace room shall contain at least one (1) supplied
ceiling or wall type electric light fixture. Every bathroom, kitchen,
Chapter 12 - 29
and laundry room shall contain at least one (1) electric duplex
convenience outlet;
v. Every public hall and stairway in every multiple family dwelling
shall be lighted by natural or electric light at all times. Every
public hall and stairway in structures containing not more than two
(2) dwelling units may be supplied with conveniently located light
switches controlling a lighting system which may be turned on
when needed, instead of full time lighting. Effective illumination
in all public halls and stairways shall be a minimum of one (1) foot
candle power at the floor level.
vi. A convenience switch for turning on a light in each dwelling unit
shall be located near the point of entrance to each unit.
vii. If it is determined by the Compliance Official and/or the Electrical
Inspector that the existing service is overloaded or in a state of
disrepair, it shall be replaced by not less than a one hundred (100)
ampere service.
C. Thermal Standards. All dwellings and dwelling units shall have heating
facilities which are properly installed and which are maintained in safe
and good working order. Heating shall be supplied to all habitable rooms,
bathrooms, and flush water closet compartments within each dwelling unit
and common space. Gas or electric appliances designed primarily for
cooking or water heating purposes shall not be considered as heating
facilities within the meaning of this Section. Unvented appliances and
portable heating equipment including, but not limited to, electric, catalytic,
equipment employing a fire in the use of liquid or gas fuel shall not be
considered as heating facilities.
E. Doors and Door Locks. All dwellings or dwelling units shall be equipped
with safe, functioning locking devices on exterior doors. Dwellings shall
be furnished with door locks as follows:
i. For the purpose of providing safety, on all new multiple family
dwelling construction, an approved security system shall be
maintained for each multiple family building to control access.
The security system shall consist of a locked building entrance or
foyer doors. Dead bolt latch type door locks shall be provided
with lever latches or door knobs on the inside of building entrance
doors and with key cylinders on the outside of building entrance
doors. Building entrance door latches shall be of a type that are
permanently locked from the outside and permanently unlocked
from the inside.
Chapter 12 - 30
ii. All existing multiple family dwellings which contain security
systems must retain said system unless it is replaced with an
upgraded system. The operation of these security systems shall be
maintained for use.
iii. Every door that is designed to provide egress for a dwelling unit
within a multiple family building shall be equipped with an
approved lock that has a dead locking bolt that can not be retracted
by any pressure. An approved latch and dead bolt shall be
provided that shall be openable from the inside without the use of a
key or special knowledge or effort. Said door shall also contain a
peep hole for security purposes.
iv. Entry doors for single family and two (2) family residences shall
not contain double keyed dead bolt locks.
F. Storm and Screen Doors and Windows. All exterior doors and windows
of dwellings or dwelling units shall be equipped with screens, storm doors,
and storm windows. The owner of the dwelling or dwelling unit shall be
responsible for providing and hanging all screens and storm doors and
storm windows whenever the same are required under the provisions of
this section, except where there is written agreement otherwise between
the owner and occupant.
G. Minimum Standards For Light and Ventilation. No person shall occupy as
owner, occupant or let to another for occupancy any dwelling or dwelling
unit, for the purpose of living therein, which does not comply with the
following requirements:
i. Habitable Room. Except where there is supplied some other
device affording adequate ventilation and approved by the
Compliance Official, every habitable room shall have at least one
window facing directly outdoors which can be opened easily. The
minimum total of openable window area in every habitable room
shall be the greater of ten (10) percent of the floor area of the room
or ten (10) square feet. One half (1/2) of the required window area
shall be openable.
ii. Uninhabitable Room. Every bathroom and flush water closet shall
contain a minimum of one and one half (1-1/2) square feet of
openable windows or a mechanical ventilation system providing
five (5) air changes per hour.
H. Dwelling Unit Access and Identification. Access to or egress from each
dwelling unit shall be provided without passing through any other
dwelling unit. A safe and unobstructed means of egress shall be provided
Chapter 12 - 31
from each dwelling unit directly to the exterior or to a corridor leading
directly to the exterior. Individual unit entries need to be clearly marked
with a unit or identification number. The numbers shall not be less than
four (4) inches in height and must be of a contrasting color to the base on
which they are placed.
I. Dwelling Identification. All dwellings shall have proper house and
building numbers attached per Chapter 11 of the City Code.
J. Fire Prevention. City ordinances and laws and regulations of the State of
Minnesota, including the Uniform Fire Code, are applicable to all dwelling
and dwelling units covered by this Section. All rental properties shall also
meet the following life safety criteria:
i. Every bedroom located in a basement of a rental property shall
have an egress window which complies with the current Minnesota
State Building Code.
ii. Rental dwelling units shall have smoke detectors installed in every
bedroom and in areas that provide access to bedrooms. Smoke
detectors used to comply with this provision shall be hardwired, or
long life battery operated detectors (10 years).
iii. Every rental dwelling unit shall have carbon monoxide detectors
installed as required by Minnesota Statutes Section 299F.050.
Carbon monoxide detectors shall be either hard wired into
electrical wiring, directly plugged into an electrical outlet, or
battery powered.
iv. Every rental dwelling unit shall be provided with at least one, 1A
10BC fire extinguisher. The fire extinguisher shall be readily
accessible to the occupant at all times.
10. Maintenance of Property. The following minimum maintenance standards are
applicable to all dwelling units within the City:
A. Sanitary Maintenance. Every occupant of the dwelling or dwelling unit
shall keep all supplied fixtures and facilities therein in a clean and sanitary
condition and shall be responsible for the exercise of reasonable care in
the proper use and operation thereof.
B. Maintenance of Shared or Public Areas. Every owner of a dwelling
containing two (2) or more dwelling units shall maintain in a clean and
sanitary condition the shared or public areas of the dwelling and premises
thereof.
Chapter 12 - 32
C. Maintenance of Occupied Areas. Every occupant of a dwelling unit shall
maintain in a clean, sanitary, and safe condition that part or those parts of
the dwelling or dwelling unit and premises thereof that he or she occupies
and controls.
D. Storage and Disposal of Refuse. Every occupant of a dwelling unit shall
store and dispose of all refuse in a clean, sanitary, and safe manner.
E. Storage and Disposal of Garbage and Rubbish. Every owner of a multiple
family dwelling shall supply facilities for the sanitary and safe storage
and/or disposal of rubbish and garbage. All garbage or refuse containers
exceeding seventy-five (75) gallons in size and located on property used
for multiple family residential purposes shall be contained within a
building or within an area which has a impermeable floor surface and is
screened within a ninety percent (90%) or greater opaque wooden or metal
fence or masonry wall not less than six (6) feet in height having a gate or
doorway which remains closed except for access purposes.
In the case of one-family or two-family dwellings, it shall be the
responsibility of the occupant to furnish such facilities.
F. Rodent Harborage in Occupied Areas. No occupant of a dwelling unit
shall accumulate boxes, lumber, scrap metal, or any other similar materials
in such a manner that may provide a rodent harborage in or about any
dwelling unit.
G. Rodent Harborage in Public Areas. No owner of a dwelling containing
two (2) or more dwelling units shall accumulate or permit the
accumulation of boxes, lumber, scrap metal, or any other similar materials
in such a manner that may provide a rodent harborage in or about shared
or public areas of a dwelling or its premises.
H. Prevention of Food for Rodents. No owner or occupant of a dwelling or
dwelling unit shall store, place, or allow to accumulate any materials that
may serve as food for rodents in a site accessible to rodents.
I. Pest Extermination. Every occupant of a dwelling unit in a dwelling or
every occupant of a rooming unit in a rooming house containing more than
one (1) unit shall be responsible for such extermination whenever his or
her dwelling unit is the only one infested. Whenever infestation is caused
by the failure of the owner to maintain a dwelling or rooming house in a
reasonable rodent proof or reasonable vermin proof condition,
extermination shall be the responsibility of the owner. Whenever
infestation exists in two (2) or more of the dwelling units or rooming units,
or in the shared or public parts of any dwelling or rooming house,
extermination thereof shall be the responsibility of the owner. Whenever
Chapter 12 - 33
extermination is the responsibility of the owner, the extermination must be
performed by a licensed pest control contractor.
J. Heating Capability. In every dwelling unit when the control of the
supplied heat is the responsibility of a person other than the occupant, a
temperature of at least sixty-eight (68) degrees Fahrenheit, or such lesser
temperature required by law, shall be maintained at a distance of three (3)
feet above the floor and three (3) feet from exterior walls in all habitable
rooms, bathrooms, and flush water closet compartments. Heat shall be
provided from September 1 through May 31 or from the time that the
average daily temperature falls below sixty-eight (68) degrees Fahrenheit
to such time that the average daily exterior temperature exceeds sixty-
eight (68) degrees Fahrenheit or whichever is more restrictive.
K. Windows, Doors and Screens. Every window, screen, exterior door, and
other exterior openings shall be substantially tight and shall be in sound
condition and repair. Every window, other than a fixed window or storm
window, shall be capable of opening without any special knowledge or
effort. Those windows located within six (6) feet of the adjacent grade
shall contain a latching mechanism for security. Every window, door, and
frame shall be constructed and maintained in such relation to the adjacent
wall construction as to completely exclude rain, wind, vermin, and rodents
entering the building. Every openable window or other devices required
for ventilation shall be supplied with 16-mesh screens during the insect
season. The mesh screen, if reinstalled on an annual basis, should be
installed by May 1.
L. Floors, Interior Walls and Ceilings. Every floor, interior wall, and ceiling
shall be protected against the passage and harborage of vermin and
rodents, and shall be kept in sound condition and good repair. Every floor
shall be free of loose, warped, protruded, or rotted flooring materials.
Every interior wall and ceiling shall be free of holes and cracks or loose
plaster and shall be maintained in a tight, weatherproof condition. Toxic
paint and materials with a lasting toxic effect shall not be allowed. Every
toilet room and bathroom floor surface shall be covered with a smooth
non-absorbent material that is easily maintained in a clean and sanitary
condition.
M. Basement Floors. Interior floors or basement, cellars, and other areas in
contact with the soil, shall be paved with concrete or other impervious
material approved by the Compliance Official.
N. Foundations, Exterior Walls and Roofs. The foundation, exterior walls,
and exterior roof shall be kept in sound condition and repair to protect
against the entrance of water, vermin, rodents, and other exterior elements.
The foundation shall support the building at all points. The foundation’s
Chapter 12 - 34
walls shall be maintained plumb and free from open cracks and breaks and
shall be kept in such condition so as to prevent the entry of rodents and
other pests. All structural members shall be maintained free from
deterioration, and shall be capable of safely supporting the imposed dead
and live loads. Every exterior wall shall be free of deterioration, holes,
breaks, loose or rotting boards or timbers, and any other condition which
might admit rain or dampness to the interior portion of the walls or to the
exterior spaces of the dwelling. All exterior surfaces, including but not
limited to, doors, door and window frames, cornices, porches, trim,
balconies, decks, and fences shall be maintained in good condition.
Exterior wood surfaces, other than decay resistant woods, shall be
protected from the elements and decay by painting or other protective
covering or treatment. Peeling, flaking, and chopped paint shall be
eliminated and surfaces repainted. All siding and masonry joints as well as
those between the building envelope and the perimeter of windows, doers,
and skylights shall be maintained weather resistant and water tight. All
metal surfaces shall be coated to inhibit rust and corrosion. The roof and
flashings shall be tight with no defects which admit rain. Roof drainage
shall be adequate to prevent rain water from causing dampness in the
walls. Roof drains, gutters, and downspouts shall be maintained in good
repair and free from obstructions. Roof water shall not be discharged into
the sanitary sewer system in a manner that creates a public nuisance.
O. Stairways, Porches and Balconies. Every stairway, inside or outside of a
dwelling and every porch or balcony, shall be kept in a safe condition and
sound repair. Every stairway, step, stoop, porch, and balcony shall be free
of deterioration and/or loose or rotting supports. Stairways more than
three (3) risers and serving individual dwelling units and all other stairs of
two (2) or more risers shall have handrails located thirty (30) to thirty-
eight (38) inches measured vertically from the nose of the stair tread to the
top of the handrail. Stairs requiring a forty-four (44) inch width must have
handrails on both sides. Every porch and/or balcony, which is thirty (30)
inches or more above adjacent grade or more than three (3) risers high,
shall have a guardrail thirty-six (36) inches above the floor. All handrails,
balustrades and guardrail shall be firmly fastened and maintained in good
condition. No stairway, porch, or balcony shall settle out of its intended
position or pull away from the supporting or adjacent structures. With
exception of spiral or winding stairways, the treads and risers of every
flight of stairs shall be uniform in depth and height. All stairways shall be
capable of supporting a live load of one hundred (100) pounds per square
foot.
P. Exterior Lighting. The owner of a multiple family dwelling or dwellings
shall be responsible for providing and maintaining illumination in all
exterior parking lots, stairways, and walkways consistent with the
requirements of this Code. At all exterior entryway, lighting shall be
Chapter 12 - 35
provided which provides a minimum of .5 foot candles measured at a
distance of five (5) feet from the entry door.
Q. Removal of Snow and Ice. The owner of a multiple family dwelling or
dwellings shall be responsible for the removal of snow and ice from
parking lots, driveways, steps, and walkways on the premises. Individual
snowfalls of three (3) inches or more, or successive snowfalls
accumulating to a depth of three (3) inches or more, shall be removed
from parking lots and driveways within twenty-four (24) hours after
cessation of the snowfall. Individual snowfalls of one (1) inch or more, or
successive snowfalls accumulating to a depth of one (1) inch or more,
shall be removed from steps and walkways within eight (8) hours after
cessation of the snowfall.
R. Driving and Parking Areas. The owner of a multiple family dwelling or
dwellings shall be responsible for providing and maintaining in good
condition paved and delineated parking areas and driveways for tenants
consistent with the requirements of this Code. All multiple family
dwellings of eight (8) dwelling units or more shall provide stop signs at all
driveway exits leading to the public right-of-way.
S. Fence Maintenance. Every fence shall be constructed in a substantial,
workman like manner and of substantial material reasonably suited for the
purpose for which the fence is proposed to be used. Every fence shall be
maintained in a condition of reasonable repair and shall not by reason of
age, decay, accident, or otherwise allowed to become and remain in a state
of disrepair so as to be or tend to be which is dangerous by reason of its
construction or state of disrepair or is otherwise injurious to the public
health safety and welfare is a nuisance; and any such fence which has
become or tends to be a nuisance shall upon order of a competent court be
repaired or removed as necessary to abate the nuisance caused.
T. Accessory Structure Maintenance. It shall be the responsibility of the
property owner to ensure that:
i. Every exterior wall, foundation, and roof of any accessory building
or structure shall be reasonably watertight, weather tight, and
rodent proof and shall be kept in a good state of maintenance and
repair. Exterior walls shall be maintained free from extensive
dilapidation due to cracks, tears or breaks of deteriorated plaster,
stucco, brick, wood, and other material.
ii. All exterior wood surfaces other than decay resistant woods, shall
be protected from the elements of decay by painting or other
protective covering treatment. A protective surface of an
accessory building or structure shall be deemed to be out of repair
Chapter 12 - 36
if more than twenty-five (25) percent of the exterior surface area is
unpainted or paint blistered. The surface shall then be repainted.
If twenty-five (25) percent or more of the exterior surface of the
pointing of any brick, block, or stone wall is loose or has fallen
out, the surface shall then be repaired.
U. Grading and Drainage. Every yard, court, passageway, or other portions
of the premises on which a dwelling is erected, shall be graded and
drained consistent with Chapter 11 of the City Code.
V. Yard Cover. Every yard of a premises on which a dwelling is erected
shall be provided with lawn or combined ground cover of vegetation,
garden, hedges, shrubbery, and/or related decorative materials consistent
with Chapter 11 of the City Code.
11. Discontinuance of Services or Facilities. Except as authorized by the laws and
regulations of the State of Minnesota, no owner, operator, or occupant shall cause
any service, facility, equipment, or utility which is required under this Section, to
be removed from or shut off from or discontinued for any occupied dwelling or
dwelling unit except for such temporary interruptions as may be necessary while
actual repairs or alterations are in process.
12. Enforcement and Inspection Authority. The Compliance Official, who is the
Code Enforcement Officer of the City, or his/her authorized assistant, shall
administer and enforce the provisions of this Section and is hereby authorized to
cause inspections on a scheduled basis for rental units, or otherwise when reason
exists to believe that a violation of this section has been or is being committed.
Inspections shall be conducted during reasonable daylight hours, except in the
case of an emergency or when a night time inspection is required, and the
Compliance Official shall present evidence of official capacity to the occupant in
charge of a respective dwelling or dwelling unit.
13. Inspection Access. Any owner, occupant, or other person in charge of a dwelling
unit may refuse to permit free access and entry to the structure or premises under
his or her control for inspection pursuant to this section, whereupon the
Compliance Official may seek a court order or warrant authorizing such
inspection.
14. Unfit for Human Habitation.
A. Any dwelling or dwelling unit which is damaged, decayed, dilapidated,
unsanitary, unsafe, vermin or rodent infested, or which lacks provision for
basic illumination, ventilation, or sanitary facilities to the extent that the
defects create a hazard to the health, safety, or welfare of the occupants or
of the public, may be declared unfit for human habitation by the
Compliance Official. Whenever any dwelling or dwelling unit has been
Chapter 12 - 37
declared unfit for human habitation, the Compliance Official shall order
same vacated within a prescribed time and shall post a placard on same
indicating that it is unfit for human habitation, and any operating license
previously issued for such dwelling shall be revoked.
B. It shall be unlawful for such dwelling or dwelling unit to be used for
human habitation until the defective conditions have been corrected and
written approval has been issued by the Compliance Official. It shall be
unlawful for any person to deface or remove the declaration placard from
any such dwelling or dwelling unit.
15. Secure Unfit and Vacated Dwellings. The owner of any dwelling or dwelling unit
which has been declared unfit for human habitation, or which is otherwise vacant,
shall make the same safe and secure so that it is not hazardous to the health,
safety, and welfare of the public and does not constitute a public nuisance. Any
vacant dwelling which is unsecured at the doors, windows, and other exterior
openings shall be deemed to be a hazard to the health, safety, and welfare of the
public and a public nuisance within the meaning of this Section.
16. Hazardous Building Declaration. In the event that a dwelling has been declared
unfit for human habitation and the owner has not remedied the defects within a
prescribed time, the dwelling may be declared a hazardous building and treated
consistent with the provisions of Minnesota Statutes.
17. Compliance Order. Whenever the Compliance Official determines that any
dwelling or dwelling unit, or the premises surrounding any of these, fails to meet
the provisions of this Section, the Compliance Official may issue a compliance
order setting forth the violations of the section and ordering the owner, occupant,
operator, or agent to correct such violations. This compliance order shall:
A. Be in writing.
B. Describe the locations and nature of the violations of this section.
C. Establish a prescribed time of the correction of such violation and notify
of appeal recourse.
D. Be served upon the owner or his or her agent, or the occupant, as the case
may require. Such notice shall be deemed to be properly served upon such
owner or agent, or upon any such occupant, if a copy thereof is:
i. Served personally, or
ii. Sent by registered mail to the last known address, or
Chapter 12 - 38
iii. Upon failure to effect notice through (i) and (ii) above by posting
at a conspicuous place in or about the dwelling which is affected
by the notice.
18. Right of Appeal. When it is alleged by any person to whom a compliance order is
directed that such compliance order is based upon erroneous interpretation of this
Section, such person may appeal the compliance order to City Administrator
within five (5) days after service of the compliance order. Such appeals must be
in writing specifying the grounds of appeal. The City Administrator shall review
said request and either approve or deny the appeal. If the appeal is denied by the
City Administrator, the applicant may appeal the decision to the City Council
sitting as a Board of Appeals. Such appeals must be in writing, must specify the
grounds for appeal, must be accompanied by a filing fee of sixty ($60.00) dollars
in cash or cashier's check, and must be filed with the City of Mahtomedi within
five (5) days after service of the City Administrator's ruling. The filing of an
appeal shall stay all proceedings in furtherance of the action appealed from,
unless such a stay would cause imminent peril to life, health, or property.
19. Board of Appeals Decision. Upon at least five (5) business days a written notice
will be sent to the appellant of the time and place for hearing the appeal and
within thirty (30) days after said appeal is filed, the City Council shall hold a
hearing thereon, taking into consideration any advice and recommendation from
the Compliance Official and the City Administrator. The City Council may
reverse, modify, or affirm, in whole or in part, the compliance order and the City
Administrator's ruling. The Council may order return of all or part of the filing
fee if the appeal is upheld.
20. Restrictions on Transfer or Ownership. It shall be unlawful for the owner of any
dwelling or dwelling unit, upon whom a pending compliance order have been
served, to sell, transfer, mortgage, lease, or otherwise dispose thereof to another
person until the provisions of the compliance order has been complied with,
unless such owner shall furnish to the grantee, lessee, or mortgagee a true copy of
any compliance order and shall obtain and possess a receipt of acknowledgment.
Anyone securing an interest in the dwelling or dwelling unit who has received
notice of a compliance order shall be bound by same without further service of
notice upon him or her and shall be liable to all penalties and procedures provided
by this section.
21. Penalties. Any person who violates any provision of this Section or who fails to
comply with a compliance order after right of appeal has expired, and any person
who fails to comply with a modified compliance order within the time set therein,
is guilty of a misdemeanor.
22. Alternative Sanctions. Notwithstanding the availability of the foregoing
compliance procedures and the penalties, whenever the Compliance Official
determines that any dwelling or dwelling unit or the premises surrounding any of
Chapter 12 - 39
these fails to meet the requirements set forth in this section, the Compliance
Official may issue a citation, summoning the responsible person into court or
request the issuance of a criminal complaint and arrest warrant. (2/12/96)Mahtomedi City Code Ch. 12 § 12.05 establishes comprehensive minimum housing standards that apply to virtually all residential dwellings in the city, covering physical conditions, equipment, maintenance, and occupancy limits. The section sets baseline requirements for kitchens, bathrooms, heating, electrical systems, fire safety, and structural upkeep. Dwellings that fall short of these standards may be declared unfit for habitation, and violations can result in misdemeanor charges or citations.
Plain English — not legal advice.
Under § 12.05, compliant operators ensure every rental unit is clean, sanitary, and fully equipped before leasing—including functioning plumbing, adequate heating, proper electrical service, smoke and carbon monoxide detectors, and fire extinguishers. Owners of multi-family properties also maintain shared areas, exterior lighting, snow removal, and pest control. When a compliance order is issued, owners generally address violations within the prescribed timeframe and avoid transferring the property without disclosing the order to any new party.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 12.05 gives tenants the benefit of enforceable minimum standards covering heat, sanitation, structural safety, and fire protection. If conditions fall below these standards, the City's Compliance Official is authorized to inspect and issue compliance orders. Tenants who believe a violation exists may contact the City's Code Enforcement Office; those who receive a compliance order themselves may appeal first to the City Administrator and then to the City Council within the timeframes specified in § 12.05.
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
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.