City Code

Section 725 - Public Health, Housing and Housing Equipment

725.01 Purpose. The purpose of this Section is to protect, preserve, and promote the physical and mental health of the people, investigate and control communicable diseases, regulate privately and publicly owned dwellings for the purpose of sanitation and public health, and protect the safety of the people and promote the general welfare by legislation which shall be applicable to all dwellings now in existence or constructed in the future and which (i) establishes minimum standards for basic equipment and facilities for light, ventilation and heating, for safety from fire, for the use and location, and amount of space for human occupancy, and for safe and sanitary maintenance; (ii) determines the responsibilities of owners, operators and occupants of dwellings; and (iii) provides for the administration and enforcement of this Section.

725.02 Title. This Section shall be known and may be cited as the Edina Housing Code.

725.03 Terms and Definitions.

Subd. 1 Terms. The following terms have the meanings as stated in Section 850 of this Code:

Basement.

Dwelling Unit.

Subd. 2 Definitions. Unless the context clearly indicates otherwise, the following words and phrases wherever they occur in this Section are defined as follows:

Approved. Constructed, installed, and maintained in accordance with this Section or other pertinent provisions of this Code.

Cellar. That portion of a dwelling between floor and ceiling which is below or partly below grade, the floor of which is more than four feet below the average grade of the adjoining ground.

Dwelling. Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants, except temporary housing.

Extermination. The control and elimination of insects, rodents, vermin or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; or by poisoning, spraying, fumigating, trapping, or similar means.

Habitable Room. A room designed to be used for living, sleeping, eating or cooking, excluding bathrooms, toilet compartments, closets, halls and storage areas, and workshops, hobby and recreation areas accessory to a dwelling unit.

Infestation. The presence, within or around a dwelling, of insects, rodents, vermin or other pests of such kind or in such numbers as to cause a hazard to health.

Multiple Dwelling. Any dwelling containing more than two dwelling units.

Occupant. Any person over two years of age, living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit or rooming unit.

Operator. Any person, whether the owner or not, who manages or controls any dwelling, or part of a dwelling, in which dwelling units or rooming units are let.

Owner. Any person who alone, jointly or severally with others:

1. Has record legal title to any dwelling or dwelling unit, with or without accompanying actual possession of it.
2. Acts as the agent of the person holding the record legal title of any dwelling or dwelling unit.
3. Is the personal representative or fiduciary of an estate through which the record legal title to the real property in which any dwelling or dwelling unit is administered.

Rooming Unit. Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but no part of which is exclusively or occasionally appropriated for cooking food.

Supplied. Paid for, furnished, provided by, or under the control of the owner or operator.

725.04 Inspection. For the purpose of determining compliance with the provisions of this Section, the Sanitarian is authorized to make inspections at such times as the Sanitarian deems necessary, or when facts are known to the Sanitarian that a violation of this Section may or does exist, to determine the condition, use and occupancy of dwellings, dwelling units, rooming units, and the premises upon which the same are located. For the purpose of making such inspections, the Sanitarian is authorized to enter, examine and survey all dwellings, dwelling units, rooming units and premises upon which the same are located, at all reasonable times. The owner, operator and occupant of every dwelling, dwelling unit, and rooming unit shall give the Sanitarian free access to such dwelling, dwelling unit or rooming unit and its premises for the purpose of such inspection, examination, and survey. Every occupant of a dwelling shall give the owner of it, or the owner's agent or employee, access to any part of the dwelling or its premises, at all reasonable times, for the purpose of making the repairs or alterations as are necessary to effect compliance with the provisions of this Section.

725.05 Enforcement of Housing Code.

Subd. 1 Notice of Violation. Whenever the Sanitarian determines that there has been a violation of any one or more provisions of this Section, the Sanitarian shall give notice of such alleged violation to the person or persons who are or may be responsible for it as enumerated in paragraph D. of this Subd. 1. The notice shall:

1. Be in writing.
2. Specify the violation or violations alleged to exist or to have been committed and the repairs or improvements required to bring the dwelling, dwelling unit or rooming unit into compliance with the provisions of this Section.
3. Provide a reasonable time, but not less than ten days in any event, for the correction of the violation or violations specified.
4. Be addressed to and served upon the owner of the property, the operator of the dwelling, and the occupant of dwelling unit or the rooming unit concerned, if the occupant is or may be responsible for the violation.
5. Inform persons concerned of their rights of appeal under this Section.

Service shall be as provided for personal service of a summons in a civil action by the rules of civil procedure for courts of record in Minnesota, or by registered or certified mail, return receipt requested, delivered to the addressee only. If one or more persons to whom the notice is addressed cannot be found or served after diligent effort, service may be made upon such person or persons by posting a notice in a conspicuous place in or about the dwelling affected by the notice, in which event the Sanitarian shall include in the record a statement as to why such posting was necessary.

Subd. 2 Imminent Hazard; Temporary Condemnation. Whenever the Sanitarian finds any dwelling, dwelling unit, or rooming unit which does not conform to the standards established by this Section, and further finds (i) that by reason of such nonconformity it presents an imminent and serious hazard to public health, or to the physical or mental health of the occupants in it, and (ii) that the repairs or improvements required to remove such hazard does not appear reasonably possible within a time which will be adequate to eliminate such imminent hazard, then the written notice of violation provided for in Subd. 1 of this Subsection shall also state that the premises are unfit for human habitation and shall order that the dwelling, dwelling unit or rooming unit be vacated either immediately or after such period of time as the Sanitarian shall find reasonable in view of the circumstances, pending the completion of action to eliminate such hazard. In such case the notice shall be served by delivering a copy to the person in real or apparent charge and control of the dwelling unit and by posting the same at a conspicuous place upon the structure. In the case of a hazard which affects more than one unit in a multiple dwelling residence, service shall be made upon such an occupant of each unit, except that the failure to make service upon an occupant of one unit shall not affect the validity or effect of service of notice upon an occupant of other units. Such notice shall also state that persons aggrieved may appeal such notice.

Subd. 3 Failure to Correct Deficiencies. Whenever notice has been given in accordance with Subd. 1 of this Subsection and the person or persons responsible have failed to correct the deficiencies specified in Subd. 1 of this Section within the time allowed, the Sanitarian may either:

1. Extend the time for correction of the deficiencies, or
2. Serve upon the owner and occupant a written notice requiring that the dwelling, dwelling unit, or rooming unit be vacated because it is unfit for human habitation.

The notice shall (i) state the violation or violations which remain uncorrected, and (ii) provide a reasonable time, but not less than ten days within which to vacate the premises. The written extension of time or notice to vacate may be served personally or by registered mail in accordance with the procedures set forth in Subd. 1 of this Subsection.

Subd. 4 Appeal. Any person aggrieved by a notice issued under Subd. 1, 2, or 3 of this Subsection, may within ten days after service of the same, appeal to the Council by filing a written notice of appeal with the Clerk. In the case of an appeal from a notice to vacate pending elimination of imminent hazards issued pursuant to Subd. 2 of this Subsection, the appeal shall be heard as soon as possible after the time of filing. In the case of appeals from other notices, the appeal shall be heard at such time as may be established by the Council, but the taking of an appeal from a notice other than one to vacate pending the elimination of imminent hazards issued under Subd. 2 of this Subsection shall, during the pendency of such appeal, restrain the City and its officers from proceeding in any manner to enforce such notice.

Subd. 5 Decision of the Council. All appeals under this Subsection shall be heard by the Council. The Council may affirm in whole or in part or deny the existence of a violation of this Section, and if the violation is found to exist, confirm or modify the corrective action to be taken or the order requiring vacation of the premises and the time allowed for it.

Subd. 6 Correction of Violation by City; Assessment of Cost. In all cases of violation of this Section to which M.S. 145A.03 through 145A.09 are applicable, the Sanitarian may proceed as provided in M.S. 145A.03 through 145A.09 to abate or remove the violation and to have the cost of it specially assessed against the lot or parcel where the violation was located. In suitable cases, said statutory remedies and procedure may be used either concurrently with, or separate from, the procedures prescribed in this Section.

Subd. 7 Unlawful to Resume Occupancy. No dwelling, dwelling unit or rooming unit which has been designated as unfit for human habitation and placarded as such shall again be used for human habitation until written approval is secured from, and such placarding is removed by, the Sanitarian. The Sanitarian shall remove such placard whenever the defect or defects upon which the designation and placarding action were based have been eliminated and the dwelling, dwelling unit or rooming unit has been made to conform to the standards established by this Section.

Subd. 8 Unlawful to Deface Placard. It shall be unlawful for any person to deface, remove or obscure any placard posted under the provisions of this Section.

725.06 Minimum Standards for Basic Equipment and Facilities. No person shall occupy or let to another for occupancy any dwelling unit which does not comply with the following requirements:

Subd. 1 Kitchen Sink. Every dwelling unit shall contain a kitchen sink in good working condition and properly connected to an approved water and sewer system.

Subd. 2 Privacy Room. Every dwelling unit, except as otherwise permitted by Subd. 5 of this Subsection, shall contain a room which affords privacy to a person within said room and which is equipped with a flush water closet in good working condition and properly connected to an approved water and sewer system.

Subd. 3 Lavatory Basin. Every dwelling unit, except as otherwise permitted by Subd. 5 of this Subsection, shall contain a lavatory basin in good working condition, properly connected to an approved water and sewer system and located in the same room as the required flush water closet, or as near to that room as practicable.

Subd. 4 Bathtub. Every dwelling unit, except as otherwise permitted by Subd. 5 of this Subsection, shall contain, within a room which affords privacy to a person within said room, a bathtub or shower in good working condition and properly connected to an approved water and sewer system.

Subd. 5 Shared Privacy Room. The occupants of not more than two dwelling units may share a single flush water closet, a single lavatory basin, and a single bathtub or shower, provided that the following conditions are satisfied:

1. Neither of the two dwelling units can accommodate more than two occupants.
2. Such water closet, lavatory basin, and bathtub or shower are in good working condition and properly connected to the water and sewer system, and are accessible to the occupants of one dwelling unit without passing through any sleeping room of the other dwelling unit.
3. Such dwelling units are in the same building, arranged so that the occupants of neither unit are required to go outdoors to reach the facilities.

Subd. 6 Hot and Cold Water Lines. Every kitchen sink, lavatory basin and bathtub or shower under the provisions of Subd. 1, 3, 4, and 5 of this Subsection shall be connected with both hot and cold water lines in a manner meeting the requirements of the applicable provisions of this Code.

Subd. 7 Refuse Disposal. Every dwelling unit shall have adequate refuse disposal facilities or storage containers whose type and location meet the requirements of this Code.

Subd. 8 Water Heating Facilities. Every dwelling shall have water heating facilities which are installed in an approved manner, are maintained and operated in safe and good working condition, are properly connected with the hot water lines required under the provisions of Subd. 6 of this Subsection, and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120 degrees Fahrenheit. Such water heating facilities shall be capable of meeting the requirements of this Subdivision when the heating facilities required under the provisions of Subd. 4 of Subsection 725.07 are not in operation.

Subd. 9 Egress. Every dwelling unit shall have a safe, unobstructed means of egress. Every dwelling unit located above the first floor, and every basement dwelling unit, shall have at least two independent egress stairways which shall be located remote from each other, and one of such stairways shall be an inside stairway. Every such egress stairway serving units above the first floor shall comply with the following requirements:

1. It shall be easily accessible from every dwelling unit located on the specified floor without passing through any room other than a public hall.
2. It shall lead directly to a street or alley, or open court connected with a street or alley.
3. It shall be kept in good order and repair.
4. It shall be unobstructed at all times.
5. All doors used in connection with such egress must be easily opened from the inside, and remain unlocked or be of a type which can be unlocked from the inside without the use of a key. Where multiple dwellings have more than five dwelling units sharing the same means of egress, the doors serving such shared means of egress shall swing outward and be self-closing.
6. No window shall be considered a proper means of egress to a required stairway.
7. All inside stairway exits shall lead to an exit door.
8. All exit stairways of three or more risers shall have at least one hand rail, and all stairways which are three feet six inches or more in width, or which are open on both sides shall have a hand rail on each side.
9. Risers of stairs shall not exceed eight inches and treads shall not be less than nine inches.
10. All hand rails shall be not less than 34 inches or more than 38 inches vertically above the nose of the stair treads or stairway landings.
11. The minimum width of all existing required egress stairways shall be 36 inches measured at the face of tread.
12. All multiple dwellings shall have a stairway or stairway fire escape with an exit directly to the stairway or stairway fire escape from a public hall located within 150 feet from the exit at each dwelling unit above the first floor if such multiple dwelling is of non-fireproof construction, or within 200 feet from such exit if such building is of fireproof construction.

Fire escapes are emergency means of egress and as such do not constitute a required stairway. All fire escapes shall be kept in good order and repair, and all iron shall be kept painted and free from rust. All doors opening into a fire escape of any multiple dwelling having three or more stories shall be of fire proof construction and shall be self-closing. Vertical ladders shall not be considered a required fire escape. No fire escape shall pass a window unless such window is of fireproof construction (wire glass and metal frame). All fire escapes shall terminate at ground level or shall have properly constructed and maintained counter-balanced steps for the last flight.

725.07 Minimum Standards for Light, Ventilation, and Heating. No person shall occupy 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.

Subd. 1 Window or Skylight. Every habitable room in a dwelling or dwelling unit shall have at least one window or skylight facing directly to the outside, and shall have a minimum of 50 foot-candles of daylight illumination, measurable at the epicenter of the room 30 inches above floor level, with a standard light meter facing the light source at noon Central Standard Time, with the sky of normal brightness.

Subd. 2 Openable Window or Skylight. At least one-half of the window or skylight required by Subd. 1 of this Subsection shall be easily opened unless some other comparable method of ventilating the room is provided.

Subd. 3 Bathroom Light. Every bathroom and water closet compartment shall have at least one window or skylight facing directly to the outside in order to provide adequate ventilation. The Sanitarian may approve some other acceptable method of ventilation.

Subd. 4 Heating Facilities. Every dwelling and dwelling unit shall have heating facilities which are installed in an approved manner, are maintained in safe and good working condition, and are capable of safely and adequately heating all habitable rooms, bathrooms, and water closet compartments located in the dwelling unit to a temperature of at least 68 degrees Fahrenheit at a distance three feet above floor level, when the temperature outside is minus 20 degrees Fahrenheit. Such heating equipment shall be operated to maintain a temperature in all habitable rooms of not less than 68 degrees Fahrenheit.

Subd. 5 Public Hallways and Stairways. Every public hall or stairway in or leading into every multiple dwelling shall have a minimum of 10 foot-candles of illumination, measurable with a standard light meter at floor level in halls and tread levels on stairways, at all times when the structure is occupied.

Subd. 6 Electricity. Every dwelling shall be supplied with electricity and shall meet the following requirements:

1. Every habitable room shall contain one electrical convenience outlet for each 20 lineal feet, or major fraction thereof, measured horizontally around the room at the baseboard line, provided that in each room one ceiling-type electric light fixture may be substituted for one of the required electrical convenience outlets.
2. Every water closet compartment, bathroom, laundry room, furnace room, and public hall shall contain at least one ceiling or wall-type electric light fixture.
3. Every outlet and fixture shall be installed in an approved manner and maintained in good and safe working condition.

Subd. 7 Screens. During the portion of each year when the Sanitarian finds it necessary to protect against mosquitoes, flies, and other insects, which are of such kind and occur in such numbers as to cause a hazard to health, every door opening directly from a dwelling to outdoor space shall have a screen door with a self-closing device; and every window or other device with openings to outdoor space used or intended to be used for ventilation, shall likewise be supplied with screens.

725.08 General Requirements for Maintenance of Parts of Dwellings and Dwelling Units. No person shall occupy or let to another for occupancy any dwelling unit which does not comply with the following requirements:

Subd. 1 Exterior Wall, Foundation and Roof. Every foundation, exterior wall and roof shall be substantially weathertight, watertight, and rodent proof. The following conditions shall be promptly repaired or replaced:

1. Deteriorated, crumbling or loose plaster.
2. Deteriorated, or ineffective waterproofing of exterior walls, roof, foundations or floors including broken windows or doors.
3. Defective, or lack of, weather protection including lack of paint, or weathering due to lack of paint or other protective covering.
4. Broken, rotted, split, or buckled exterior walls or roof coverings.

Subd. 2 Interior Walls, Ceilings, and Floors. Every floor, interior wall and ceiling shall be kept in sound condition and good repair.

Subd. 3 Windows, Exterior Doors, and Basement Hatchways. Every window, exterior door, and basement hatchway shall be reasonably watertight, weathertight, and rodent proof and shall be kept in sound working condition and good repair.

Subd. 4 Stairways. Every inside and outside stairway shall be maintained in safe and sound condition and good repair.

Subd. 5 Plumbing. Every plumbing fixture and water and waste pipe shall be installed in compliance with this Code and shall be maintained in working condition, free from defects, leaks and obstructions.

Subd. 6 Floor Material. Every water closet compartment floor surface and bathroom floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.

Subd. 7 Equipment, Facilities, and Utilities. Every facility, piece of equipment, or utility which is required under this Section shall be so constructed and installed that it will function safely and effectively, and shall be maintained in satisfactory working condition.

Subd. 8 Continuity of Facilities, Utilities and Equipment. No owner, operator, or occupant shall cause any service, facility, equipment or utility which is required under this Section to be removed from, shut off, or discontinued in any occupied dwelling or dwelling unit, except for such temporary interruption as may be necessary while actual repairs or alterations are in process, or during temporary emergencies.

725.09 Minimum Space, Use and Location Requirements.

Subd. 1 Space Requirements. No person shall occupy or let to another for occupancy any dwelling or dwelling unit which does not comply with the following requirements:

1. It shall contain at least 150 square feet of floor area for the first occupant and at least 100 additional square feet of floor space for every additional occupant, the floor space to be calculated on the basis of total habitable room area, provided that the non-habitable area shall be counted in determining the maximum permissible occupancy up to ten percent of the total habitable area.
2. At least one-half of the floor area of every habitable room shall have a ceiling height of at least seven feet, and the floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy of the room.

Subd. 2 Basement Requirements. No basement space shall be let as a habitable room and no basement space shall be used as a dwelling unit or rooming unit unless:

1. The floor and walls are impervious to leakage of underground and surface runoff water and are free from dampness;
2. The total amount of light furnished in each room is equal to at least the minimum amount of light as required in Subd. 1 of Subsection 725.07; and
3. The facilities for ventilation in each room are equal to at least the minimum as required under Subd. 1 and 2 of Subsection 725.07.

Subd. 3 Cellar Space. No cellar space shall be used as a habitable room or dwelling unit.

725.10 Responsibilities of Owners and Occupants.

Subd. 1 Shared or Public Areas. Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises.

Subd. 2 Occupant Responsibility. Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit, and premises which occupant occupies and controls.

Subd. 3 Occupant Waste Control. Every occupant of a dwelling or dwelling unit shall dispose of all refuse of such occupant and other organic waste which might provide food for insects and rodents, in a clean and sanitary manner, by placing it in the refuse disposal facilities or storage containers required by Subd. 7 of Subsection 725.06.

Subd. 4 Occupant Plumbing Responsibility. Every occupant of a dwelling unit shall keep all plumbing in the dwelling unit in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation of all plumbing.

Subd. 5 Extermination Control. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents, or other pests in the dwelling unit or on the premises. Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever such occupant's dwelling unit is the unit primarily infested. Notwithstanding the foregoing provisions, whenever infestation is caused by a failure of the owner or operator to maintain a dwelling in a rodent proof or reasonably insect proof condition, extermination shall be the responsibility of the owner and operator. Whenever infestation exists in two or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two or more dwelling units, extermination of the infested areas shall be the responsibility of the owner and operator.