Staples, Minn., City Code ch. 103, art. IV § 103-88

(a) Title. This article shall be known as the "Rental Housing Maintenance Code of the City of Staples."
(b) Scope. The provisions of this Code shall apply to all residential rental housing structures and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties.
(c) Findings. The council finds there exists in the city numerous rental housing properties that are substandard in one or more important features of structure, equipment, maintenance, or occupancy. Such conditions adversely affect public health and safety and lead to the continuation, extension, and aggravation of blight. Adequate protection of public health, safety and welfare therefore requires the establishment and enforcement of minimum rental housing maintenance standards.
(d) Intent. It is not the intention of the city to intrude upon the fair and contractual relationship between landlord and tenant. The city shall not intervene as an advocate of either party, or act as an arbiter, nor be receptive to complaints from tenant or landlord, which are not specifically and clearly relevant to the provisions of this article.
(e) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Approved means approved by the housing inspector pursuant to applicable provisions of this Code and other ordinances and regulations.
Attic story means any story situated wholly or partly in the roof, so designed, arranged or built as to be used for business, storage or habitation.
Basement means any area of a structure, including crawl spaces, having its floor or base sub-grade (below ground level) on at least three sides, regardless of the depth of excavation below ground level.
Bath means a bathtub or shower bath.
Bedroom means a habitable room within a dwelling unit which is used, or intended to be used, primarily for the purpose of sleeping, but shall not include any kitchen or dining room.
Clean means the condition of being free from readily noticeable dirt, soil, stains, leftover food particles, or other material not intended to be a part of the object in question.
Communal means used or shared by, or intended to be used or shared by, the occupants of two or more rooming units.
Communicable disease. The following diseases, for the purposes of this article, are deemed communicable: (1)
Chicken pox;
(2) Diphtheria;
(3) Hepatitis;
(4) Poliomyelitis;
(5) Smallpox;
(6) Tuberculosis;
(7) Typhoid fever;
(8) Fevers with rash; and
(9) Any other illness designated communicable by the Centers for Disease Control (CDC) or county health department.
Dead bolt locks means a locking bolt which, when in the locked position, can only be moved positively by turning a knob, key, sliding bolt, or by a mechanism activated by working a combination.
Dining room means a habitable room used or intended to be used for the purpose of eating but not for cooking or the preparation of meals.
Dwelling means any building or structure, or portion thereof, except temporary housing, which is wholly or partly used or intended to be used for living or sleeping by human occupants. There are three principal types, as follows: (1)
Single-family: A freestanding (detached) residence structure designed for or occupied by one family only.
(2) Two-family: A residence designed for or occupied by two families only, with separate housekeeping and cooking facilities for each, referred to commonly as a duplex.
(3) Multiple-family: Three or more dwelling units in one structure.
Dwelling unit means a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation, or a single unit used by one or more persons for sleeping and sanitation pursuant to a work practice or labor agreement.
Dwelling unit, single room , means a single rooming unit.
Efficiency unit means a dwelling unit with one primary room which doubles as a living room, kitchen, and bedroom.
Emergency means any condition or combination of conditions which, in the opinion of the county health authority, housing inspector, or the fire chief, requires immediate action for the protection of health, safety, or welfare of the occupants of a dwelling or of the public.
Extermination means the control or elimination of insects, rodents, vermin or other pests.
Family means two or more persons each related to the other by blood, marriage, adoption, or foster care, or a group of not more than four persons not so related maintaining a common household and using common cooking and kitchen facilities.
Fire chief means the legally authorized fire chief or authorized representative.
Fire escape means an emergency means of egress. A fire escape shall not constitute a required stairway.
Fire-resistive construction means construction to resist the spread of fire, details of which are specified in the state building code as adopted in section 103-22.
Garbage means and includes organic refuse resulting from the preparation of food, and decayed and spoiled matter from any source.
Habitable floor area means an area that has a ceiling height of seven feet throughout. However, on floors above the first floor, the habitable area shall have a minimum ceiling height of seven feet over 50 percent or more of its area, and no part of any floor having a ceiling height of less than five feet shall be considered as part of the habitable floor area; and further, dwellings shall have a minimum ceiling height of not less than seven feet over 50 percent of the floor area. See section 103-94 (b) for ceiling height exceptions.
Habitable room means any room meeting the requirements of this code for sleeping, living, cooking or dining purposes excluding such enclosed spaces as closets, pantries, bath or toilet rooms, service rooms, recreation rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms and similar spaces.
Hand lavatory means a sink or basin, with a trap, which is connected to the city water and sewer system or other approved water supply and sewer system.
Hazardous heating installations means all heating installations except those which conform with the applicable laws regulating the installation of such space heating in effect now or at the time of installation and which have been maintained in good repair and working condition and are being used in a safe manner.
Hazardous plumbing means all plumbing except that which conforms with the applicable laws regulating the installation of such plumbing in effect now or at the time of installation and which has been maintained in good condition and which is free of cross connections and siphonage between fixtures.
Hazardous wiring means all wiring except that which conforms with the applicable laws regulating the installation of such wiring in effect now or at the time of the installation, and which has been maintained in good condition and is being used in a safe manner.
Housing inspector means the legally authorized city housing inspector or his authorized representative.
Infestation means the presence of any insects, rodents, vermin, or other pests within a dwelling or on the dwelling premises.
Kitchen means a habitable room used or intended to be used for cooking or the preparation of meals.
Lessee means a person who holds the lease of a property or dwelling; a tenant.
Lessor means a person who leases or lets a property or dwelling to another; a landlord.
Let means to allow someone to have the use of a room, dwelling or property in return for regular payments; rent.
License actions means one of the following: (1)
Approve: License issued.
(2) Deny: Withhold or refuse to grant a license.
(3) Revoke: Take back, withdraw, annul, or cancel the license.
(4) Suspend: Prohibit, for a period of time, the privilege of the use of the license.
Living room means a habitable room within a dwelling unit, which is used or intended to be used primarily for general living purposes.
Non-dwelling structure means any structure, except a dwelling, used or intended to be used for the shelter or enclosure of any animal or property of any kind.
Occupant means any person over one year of age, including an owner or operator, living, sleeping, cooking or eating in, or having actual possession of a dwelling, dwelling unit or rooming unit.
Operator means any person who has charge, care or control of a building, or part thereof, in which dwelling units, or rooming units are let.
Owner means the person who is the last owner of record or the fee owner or the contract purchaser or the agent of the aforementioned person.
Plumbing system means the plumbing system of a building and includes the water supply distributing pipes; the fixtures and fixture traps; the soil, waste and vent pipes; the building drain and building sewer; the stormwater drainage, with its devices and appurtenances; and connections within the building and outside the building within the property line.
Premises means a platted lot or part thereof or unplatted lot or parcel of land or plot of land, either occupied or unoccupied by any dwelling or non-dwelling structure.
Professional or professional state of maintenance and repair means that maintenance and repair shall be made in a reasonably skillful manner.
Public way means a street, alley, or other parcel of land open to the outside air leading to a street, that has been deeded, dedicated to or otherwise appropriated to the public for public use and which has a clear width and height of not less than ten feet.
Recyclables or recyclable materials means former items of rubbish, which have been cleaned so as not to cause health or nuisance problems. The term "recyclables" shall include the following: paper, glass, plastic containers (with a neck), aluminum cans, metal cans, and other materials defined by agreement between the hauler and city. Collection of recyclables shall be made at least twice a month. The hauler shall be responsible for picking up and disposing of recyclable materials at an approved recycling center. Any of the above items which are not properly cleaned, prepared or stored such that they pose the threat of health, environmental or nuisance problems shall remain the responsibility and property of the individuals or household from which the materials originated.
Rehabilitation center means a center operated by a lawfully established and existing philanthropic or charitable organization or agency operating on a statewide or national basis and which employs personnel of demonstrated competency in the fields of social, spiritual and physical rehabilitation, and has and operates under its own charter, regulations, rules and standards. In order to qualify, such agency must furnish adequate proof of the soundness of its governing charter, regulations and code and of its prior successful existence and practice. A rehabilitation center must maintain and be in compliance with any and all required state licenses.
Rent or rental charge means any consideration paid, either monetary, including payment of utilities (in all or in part), or in lieu of payments such as, but not limited to, maintenance or repair (cutting grass, shoveling snow, painting, etc.). A usually fixed periodical return made by the tenant or occupant for the possession and use thereof in whole or in part of the dwelling unit. Exception: Rental license registration is not required for occupancy of dwelling units by immediate family members/relatives, defined as spouse, parent, child, brother, sister, grandparent, or grandchild. The requirement for this exception is to have the premises to have homestead or relative homestead classification at Todd County or Wadena County.
Residential means a dwelling designed for people to live in.
Roomer means an occupant of a roominghouse who is not a member of the family of the operator of that roominghouse, and shall also mean an occupant of a dwelling unit who is not a member of the family occupying the dwelling unit. This shall not be construed as to include temporary non-paying guests of the operator.
Roominghouse means any dwelling, or that part of any dwelling, containing one or more rooming units, with or without meals.
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 of meals.
Rubbish means and includes all inorganic refuse matter such as tin cans, glass, paper, ashes, sweepings, and similar substance.
Sanitary means the condition of being clean, free from infective, physically hurtful, diseased, poisonous, unwholesome, or otherwise unhealthful substances or influence and being completely free from rodents or arthropods, from the traces of either, and from an environment conducive to the growth of either.
Shared bath dwelling means a dwelling unit which does not contain a water closet and a hand lavatory and a bathtub or shower for the exclusive use of the occupants of the unit.
Solid waste means discarded materials other than fluids.
Story means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused under floor space is more than six feet above grade, as defined herein, for more than 50 percent of the total perimeter, or is more than 12 feet above grade, as defined herein, at any point, such basement, cellar or unused under floor space shall be considered a story.
Story, first, means the lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet below grade, as defined herein, for more than 50 percent of the total perimeter, or more than eight feet below grade, as defined herein, at any point.
Superficial floor area means clear floor space, exclusive of fixed or built-in cabinets or appliances.
Supplied means furnished, provided by, or under the control of, the owner, operator or agent.
Temporary housing means any tent, trailer, or other structure used for human shelter which is designed to be transportable and which is not permanently attached to the ground or to another structure.
Water closet means a 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 sewer system.
Wood frame construction , as applied to dwellings, means that type of construction in which the load bearing portions of the exterior walls or a portion thereof are of wood.
(f) Meanings of certain terms.
(1) Whenever the term "dwelling," "dwelling unit," "shared bath dwelling," "shared bath unit," "roominghouse," "rooming unit" or "premises" is used, it shall be construed as though it was followed by the words "or any part thereof."
(2) Whenever the term "professional state of maintenance and repair" is used, it shall mean that such maintenance and repair shall be made in a reasonably skillful manner.
(3) Whenever the term "properly installed," "properly maintained," "properly connected" or "properly constructed" is used, it shall mean in conformance with such ordinances of the city applicable now or at the time of such installation which governed such installations, maintenance connections or construction.
(g) Temporary housing prohibited; exceptions.
(1) Unless otherwise provided in this article, no camp car, house trailer, automobile, tent, or other temporary structure may be parked or placed upon any public street or on any public or private premises or street in the city and used as a shelter or enclosure of persons and their effects for the purpose of living therein. Exception: A camp car, house trailer, automobile, tent or other temporary structures may be parked in designated campgrounds.
(2) The housing inspector may issue a permit to allow for temporary housing when a specified emergency creates the need to allow for such housing. A permit may be issued only when the emergency creating the need is an act of nature, a technological failure or malfunction, a terrorist incident, a public health emergency, an industrial accident, a hazardous material accident, or destruction caused by a civil disturbance.
(3) When the housing inspector issues a permit to allow for temporary housing, the housing inspector shall provide that the permit will expire after a specific period of time, not to exceed six months. The housing inspector shall attempt to set the expiration date to coincide with the elimination of the need for temporary housing. The housing inspector may grant one six-month extension of this permit.
(4) The housing inspector may set conditions on the use of the permit to mitigate the negative impacts of the permit. These conditions may include compliance with applicable statutes, ordinances and/or rules, including, but not limited to, the city fire code, county health code, city building code, city rental housing maintenance code, and the city zoning chapter. In addition, the housing inspector may impose any additional appropriate conditions to the use of the temporary housing permit.
(5) The housing inspector may revoke the permit if the need for such temporary housing ends, or if the permit holder fails to comply with the conditions set by the housing inspector as to the use of the temporary housing permit.
(h) Continuing violations. Each day's continuance of any violation of the rental housing maintenance code after due notice has been served in accordance with the terms and provisions of this article shall be deemed a separate offense.
(i) Enforcement by suit.
(1) In addition to the punishments provided in this Code, the city through the officer charged with the enforcement of the various provisions of the housing maintenance code, or any person with standing to sue may seek enforcement thereof in any court of competent jurisdiction by any appropriate form of civil action and may seek enjoinment of any continued violation thereof and seek to compel obedience thereto by mandatory orders and writs.
(2) No tenancy of a dwelling, dwelling unit, two-family dwelling or multiple dwelling covered by the housing maintenance code may be terminated because of the commencement of an action pursuant to this section or because of the report to the proper code enforcement authorities of a condition believed to be in violation of the housing maintenance code. In any action brought for the restitution of premises covered by the housing maintenance code, the lessee may show that notice of termination was received subsequent to the making of a violation report to the proper enforcement authorities or subsequent to the commencement of an action pursuant to this section. Such evidence shall be prima facie proof that the tenancy was terminated in violation of this section. The lessor may rebut the presumption of illegal termination through proof that the termination was for other good cause, including non-payment of rent, or by showing that in fact no report of a violation was made or an action commenced, prior to notice to terminate being given.
(j) Powers declared additional. The powers conferred on the housing inspector shall be in addition to the power already conferred upon said housing inspector and shall not be construed as in any way limiting these powers.