HomeMy WebLinkAbout2026 04-07 PC Packet
www.gemlakemn.org
4200 Otter Lake Road
Gem Lake, MN 55110
(651) 747 -2790
city@gemlakemn.org
Planning Commission Meeting
April 7, 2026
7:00 p.m.
Heritage Hall
I. Call to Order of the Planning Commission Meeting
By Chair Don Cummings at 7:_____ p.m.
II. Call of Roll
Cummings ______ Farrell _____ Pratt _____ Wippich ______ Epelboim_____
III. Approve Agenda and Minutes
A. Accept the Agenda for the April 7, 2026, Planning Commission Meeting
B. Approve the Minutes of January 6, 2026, Planning Commission Meeting
IV. Public Hearings
V. Old Business
VI. New Business
A. Review Amendments to Ordinance 83 and provide feedback for the City Council
VII. Open Items for Commission Members to Bring Up
VIII. Future Council Meetings
Next City Council Meeting, Tuesday, April 21, 2026
Next Planning Commission Meeting, May 5, 2026
o Attendance Inquiry
IX. Adjournment – The meeting adjourned at ________
Ordinance No. 83 Housing Maintenance Code Page 1 of 15
City of Gem Lake, Ramsey County, Minnesota
Housing Maintenance and Occupancy Code
Ordinance No. 83
AN ORDINANCE CREATING THE GEM LAKE CITY HOUSING CODE
The Gem Lake City Council ordains as follows:
Section 1. Title and Purpose. This Ordinance may be cited as the "GEM LAKE HOUSING MAINTENANCE
AND OCCUPANCY CODE". The purpose of this Ordinance is to protect the public health, safety and general
welfare of the people of the City. These general objectives include, among others, the following:
1. To protect the character and stability of residential areas within the City.
2. To correct and prevent housing conditions that adversely affect or are likely to adversely affect the life,
safety, general welfare and health, including the physical, mental and social well-being of persons
occupying dwellings within the City of Gem Lake.
3. To provide minimum standards for the maintenance and conservation of existing residential buildings, the
rehabilitation of existing substandard residential buildings, thus, to prevent slums and blight.
4. To provide minimum standards for cooking, heating and sanitary equipment necessary to the health and
safety of occupants of buildings.
5. To provide minimum standards for light and ventilation, necessary to health and safety.
6. To prevent overcrowding of dwellings by providing minimum space standards per occupant for each
dwelling unit.
7. To provide a diversity of housing choice and reasonable amount of low- and moderate-income housing in the
City.
8. With respect to rental disputes, and except as otherwise specifically provided by the terms of this
Ordinance, it is not the intention of the City Council to intrude upon the fair and accepted contractual
relationship between tenant and landlord. The City Council does not intend to intervene as an advocate of
either party, nor to act as an arbiter, nor to be receptive to complaints from tenant or landlord which are not
specifically and clearly relevant to the provisions of this ordinance. In the absence of such relevance with
regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are
available to them without the intervention of City government. Neither in enacting this Ordinance is it the
intention of the City Council to interfere or permit interference with legal rights to personal privacy.
9. Any minimum standards shall not exceed the minimum standards provided for new construction by the
Minnesota Building Code, and in the event any minimum standards herein do exceed said Building Code,
the standards of the Minnesota State Building Code shall govern.
Section 2. Applicability of Ordinance. Every building and its premises used in whole or in part as a home or
residence, or as an accessory structure thereof, for a single family or person, and every building used in whole or in
part as a home or residence of two or more persons or families living in separate units shall conform to the
requirements of this Ordinance, irrespective of when such building may have been constructed, altered, or repaired.
This Ordinance establishes minimum standards for erected dwelling units, accessory structures, and related
premises.
Section 3. Definitions. The following definitions shall apply to the interpretation and enforcement of this Ordinance.
1. Accessory Structure. A structure subordinate to the main or principal dwelling or dwellings and which is
Ordinance No. 83 Housing Maintenance Code Page 2 of 15
not used nor authorized to be used for living or sleeping by human occupants and which is located on or
partially on the premises.
2. Building. Any structure erected for the support, shelter, or enclosure of persons, animals, chattels, or
movable property of any kind.
3. Compliance Official. The City Clerk and his designated agents authorized to administer and enforce this
Ordinance.
4. Dwelling. A building, or portion thereof, designed or used predominantly for residential occupancy of a
continued nature, including 1-family dwelling, 2- family dwellings, and multiple family dwellings; but not
including hotels and motels.
5. Dwelling Unit. A single residential accommodation which is arranged, designed, used or, if vacant,
intended for use exclusively as a domicile for one family. Where a private garage is structurally attached, it
shall be considered as part of the building in which the dwelling unit is located.
6. Family. Any of the following definitions shall apply:
1. A person or persons related by blood, marriage, or adoption, together with his or their domestic servants
or gratuitous guests, all maintaining a common household in a dwelling unit approved and certified by
the appropriate public agency.
2. Group or foster care of not more than six (6) wards of clients by an authorized person or persons,
related by blood, marriage, or adoption, together with his or their domestic servants or gratuitous
guests, all maintaining a common household in a dwelling unit approved and certified by the
appropriate public agency.
3. A group of not more than five (5) persons not related by blood, marriage or adoption maintaining a
common household in a dwelling unit.
7. Flush Water Closet. A toilet, with a bowl and trap made in one piece, which is connected to the City water
system and sewer system or other approved water supply and sewer system.
8. Garbage. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and
consumption of food.
9. Habitable Building. Any building or part thereof that meets minimum standards for use as a home or place
of abode by one or more persons.
10. Habitable Room. A room or enclosed floor space used or intended to be used for living, sleeping, cooking,
or eating purposes, including bathrooms, water closet compartments, laundries, furnace rooms, unfinished
basements, (those without required ventilation, required electric outlets and required exit facilities),
pantries, utility rooms of less than 50 square feet of floor space, foyers, communicating corridors, stairways,
closets, storage spaces and workshops, hobby and recreation areas in parts of the structure below ground
level or in attics.
11. Heated Water. Water heated to a temperature of not less than 120o Fahrenheit, or such lesser temperature
required by government authority, measured at faucet outlet.
12. Kitchen. 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.
13. Multiple Family Dwelling. A dwelling or portion thereof containing three or more dwelling units.
14. Occupant. Any person (including owner or operator) living, sleeping, cooking and eating in a dwelling
unit or living and sleeping in a rooming unit.
Ordinance No. 83 Housing Maintenance Code Page 3 of 15
15. Operator. The owner or agent who has charge, care, control, or management of a building, or part
thereof, in which dwelling units or rooming units are let.
16. Owner. Any person, firm or corporation who, alone, jointly, or severally with others, shall be in actual
possession of, or have charge, care or control of, any dwelling, dwelling unit, or rooming unit within the
City as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the
title holder. Any such person representing the actual owner shall be bound to comply with the provisions
of this Ordinance to the same extent as the owner.
17. Permissible Occupancy. The maximum number of persons permitted to reside in dwelling unit or
rooming unit.
18. Person. An individual, firm, partnership, association, corporation or joint venture or organization of any
kind.
19. Plumbing. All of the following supplied facilities and equipment in a dwelling: gas pipes, 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.
20. Premises. A plated 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.
21. Public Hall. A hall, corridor or passageway for providing egress from a dwelling unit to a public way
and not within the exclusive control of one family.
22. Refuse. All putrescible and non-putrescible waste solids including garbage and rubbish.
23. Rental Dwelling or Dwelling Unit. A dwelling or dwelling unit let for rent or lease.
24. Repair. To restore to a sound and acceptable state of operation, serviceability or appearance.
25. Rodent Harborage. Any place where rodents can live, nest, or seek shelter.
26. Rooming Unit. 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.
27. Rubbish. 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 and similar materials.
28. Safety. The condition of being reasonably free from danger and hazards which may cause accidents or
diseases.
29. Substandard Dwelling. Any dwelling which does not conform to the minimum standards established by
City Ordinance.
30. Supplied. Paid for, furnished by, provided by or under the control of the owner, operator, or agent of a
dwelling.
Ordinance No. 83 Housing Maintenance Code Page 4 of 15
31. Meaning of Certain Words. Whenever the words "dwelling", "dwelling unit", "premises", or
"structure" are used in this Ordinance they shall be construed as though they were followed by the words
"or any part thereof".
Section 4. Responsibilities of Owners and Occupants. No owner or other person shall occupy or let to another
person any dwelling, dwelling unit or rooming unit unless it and the premises are clean, sanitary, fit for human
occupancy, and comply with all applicable legal requirements of the State of Minnesota, and the City of Gem Lake,
including the following requirements:
1. Maintenance of Shared or Public Areas. Every owner of a dwelling containing more than two dwelling
units shall maintain in a clean and sanitary condition the shared or public areas of the dwelling and
premises thereof.
2. Maintenance of Occupied Areas. Every occupant of a dwelling, dwelling unit or rooming unit shall
maintain in a clean and sanitary condition that part or those parts of the dwelling, dwelling unit and
premises thereof that he occupies and controls.
3. Storage and Disposal of Rubbish. Every occupant of a dwelling, dwelling unit or rooming unit shall store
and dispose of all his rubbish in a clean, sanitary, and safe manner as prescribed by the City Ordinances.
4. Storage and Disposal of Garbage. Every occupant of a dwelling, dwelling unit or rooming unit shall store
and dispose of all his garbage and any other organic waste which might provide food for insects and/or
rodents in a clean, sanitary, and safe manner as prescribed by the City Ordinances.
5. Responsibility for 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. In
the case of single or two-family dwellings, it shall be the responsibility of the occupant to furnish such
facilities.
6. Responsibility for Storm and Screen Doors and Windows. The owner of a rental dwelling containing
more than two dwelling units 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 Ordinance, except where
there is written agreement otherwise between the owner and occupant.
7. Responsibility for Pest Extermination. Every occupant of a dwelling containing a single dwelling unit
shall be responsible for the extermination of vermin infestations and/or rodents 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 his dwelling unit is the only one infested. Notwithstanding, however,
whenever infestation is caused by the failure of the owner to maintain a dwelling in a reasonable rodent-
proof or reasonable vermin-proof condition, extermination shall be the responsibility of the owner.
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 thereof shall be the
responsibility of the owner.
8. Rodent Harborages Prohibited in Occupied Areas. No occupant of a dwelling or 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 or dwelling unit. Stored materials shall be stacked neatly in piles.
9. Rodent Harborages Prohibited in Public Areas. No owner of a dwelling containing two 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. Materials stored by the owner or permitted to be stored by the owner shall be
stacked neatly in piles.
10. 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.
Ordinance No. 83 Housing Maintenance Code Page 5 of 15
11. Sanitary Maintenance of Fixtures and Facilities. Every occupant of a 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.
12. Minimum Heating Capability and Maintenance. In every dwelling unit or rooming unit when the control
of the supplied heat is the responsibility of a person other than the occupant, a temperature of at least 68o
Fahrenheit or such lesser temperature required by government authority shall be maintained at a distance of
three feet above the floor and three feet from exterior walls in all habitable rooms, bathrooms, and water
closet compartments from September through May.
13. Removal of Snow and Ice. The owner of a multiple family dwelling or dwelling containing more than two
dwelling units shall be responsible for the removal of snow and ice from parking lots, driveways, steps and
walkways on the premises. Individual snowfalls of three inches or more, or successive snowfalls
accumulating to a depth of three inches, shall be removed from parking lots and driveways within 24 hours
after cessation of the snowfall. Individual snowfalls of one inch or more, or successive snowfalls
accumulating to a depth of one inch, shall be removed from steps and walkways within eight hours after
cessation of the snowfall.
14. Minimum Exterior Lighting. The owner of a multiple family dwelling or dwelling containing more than
two dwelling units shall be responsible for providing and maintaining effective illumination in all exterior
parking lots and walkways.
15. Maintenance of Driving and Parking Areas. The owner of a multiple family dwelling containing more
than two dwelling units shall be responsible for providing and maintaining in good condition paved and
delineated parking areas and driveways for tenants.
16. Maintenance of Yards. The owner of a multiple family dwelling or dwellings containing more than two
dwelling units shall be responsible for providing and maintaining premises yards.
Section 5. Minimum Standards for Basic Equipment and Facilities. No person shall occupy as owner, occupant,
or let to another for occupancy and dwelling or dwelling unit, for the purposes of living, sleeping, cooking and
eating therein, which does not comply with the following requirements:
1. Kitchen Facilities. Every dwelling unit shall have a room or portion of a room in which food may be
prepared and/or cooked and which shall have adequate circulation area, and which shall be equipped with
the following:
1. A kitchen sink in good working condition and properly connected to an approved water supply
system and which provides at all times an adequate amount of heated and unheated running water
under pressure, and which is connected to an approved sewer system.
2. Cabinets and/or shelves for the storage of eating, drinking, and cooking equipment and utensils and
of food that does not require refrigeration for safekeeping, and a counter or table for food preparation.
Said cabinets and/or shelves and counter or table shall be adequate for the permissible occupancy of
the dwelling unit and shall be of sound construction furnished with surfaces that are easily cleanable
and that will not impart any toxic or deleterious effect to food.
3. A stove or similar device for cooking food, and a refrigerator or similar device for the safe storage of
food, which are properly installed with all necessary connections for safe, sanitary and efficient
operation. Provided that such stove, refrigerator, or similar devices need not be installed when a
dwelling unit is not occupied and when the occupant is expected to provide same on occupancy, in
which case sufficient space and adequate connections for the installation and operation of said stove,
refrigerator or similar device must be provided.
2. Toilet Facilities. Within every dwelling unit there shall be an uninhabitable room which is equipped with
Ordinance No. 83 Housing Maintenance Code Page 6 of 15
a flush water closet in good working condition. In a rental dwelling unit, such room shall have an entrance
door which affords privacy. Said flush water closet shall be equipped with easily cleanable surfaces, shall
be connected to an approved water system that at all times provides an adequate amount of running water
under pressure to cause water closet to be operated properly, and shall be connected to an approved sewer
system.
3. Lavatory Sink. Within every dwelling unit there shall be a lavatory sink. Said lavatory sink may be in the
same room as the flush water closet, or if located in another room, the lavatory sink shall be located in
close proximity to the door leading directly into the room in which said water closet is located. The
lavatory sink shall be in good working condition and shall be properly connected to an approved water
supply system and shall provide at all times an adequate amount of heated and unheated water under
pressure and shall be connected to an approved sewer system.
4. Bathtub or Shower. Within every dwelling unit there shall be an uninhabitable room which is equipped
with a bathtub or shower in good working condition. In a rental dwelling unit, such room shall have an
entrance door which affords privacy. Said bathtub or shower may be in the same room as the flush water
closet, or in another room, and shall be properly connected to an approved water supply system and shall
provide at all times an adequate amount of heated and unheated water under pressure and shall be
connected to an approved sewer system.
5. Stairways, Porches and Balconies. Every stairway, inside or outside of a dwelling, and every porch or
balcony, shall be kept in safe condition and sound repair. Every flight of stairs and every porch and
balcony floor shall be free of deterioration. Every stairwell and every flight of stairs which is more than
four risers high shall have handrails not less than 30 inches high nor more than 34 inches from the nose of
the stair tread to the top of the handrail. Every porch which is more than four risers high, and every
balcony shall have handrails 30 inches high and every balcony and landing shall have guardrails not less
than 36 inches in height and intermediate rails each 9 inches. Every handrail and balustrade shall be
firmly fastened and maintained in good condition. No flight of stairs shall have settled out of its intended
position or have pulled away from the supporting or adjacent structures enough to cause a hazard. No
flight of stairs shall have rotting, loose, or deteriorating supports. Excepting spiral and winding stairways,
the treads and risers of every flight of stair shall be uniform in width and height. Stairways shall be
capable of supporting a live load of 100 pounds per square foot of horizontal projection.
6. Access to Dwelling Unit. Access to or egress from each dwelling unit shall be provided without passing
through any other dwelling unit.
7. Door Locks. No owner shall occupy nor let to another for occupancy and dwelling or dwelling unit unless
all exterior doors of the dwelling or dwelling unit are equipped with safe, functioning locking devices.
Multiple family dwellings shall be furnished with door locks as follows:
1. For the purpose of providing a reasonable amount of safety and general welfare for persons
occupying multiple family dwellings constructed after May 5, 1969, an approved security system
shall be maintained for each multiple family building to control access. The security system shall
consist of locked building entrance or foyer doors and locked doors leading from hallways into
individual dwelling units. Dead-latch type door locks shall be provided with lever knobs (or
doorknobs) 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.
2. Every door that is designed to provide ingress or egress for a dwelling unit within a multiple family
building shall be equipped with an approved lock that has a deadlocking bolt that cannot be retracted
by end pressure, provided, however, that such door shall be open able from the inside without the use
of a key or special knowledge or effort.
Ordinance No. 83 Housing Maintenance Code Page 7 of 15
Section 6. 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:
1. Habitable Room Ventilation. 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 with an area of not less than 10% of the floor area
with a minimum of 10 square feet.
2. Nonhabitable Room Ventilation. Every bathroom and water closet compartment, and every laundry and
utility room shall contain at least the ventilation requirement for habitable rooms contained in Section 7-1,
except that no windows shall be required if such rooms are equipped with a ventilation system capable of
providing for five air changes per hour.
3. Electric Service, Outlets and Fixtures. Every 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, which shall be maintained in good and safe working condition, and
shall be connected to a source of electric power in a manner prescribed by the Ordinance, rules and
regulations of the City of Gem Lake and by the laws of the State of Minnesota. The minimum electric
outlets and fixtures shall be as follows:
1. Dwelling containing one or two dwelling units shall have at least the equivalent of 60-ampere, three-
wire electric service per dwelling unit as a condition of sale.
2. Dwelling units shall have at least one branch electric circuit for each 600 square feet of dwelling unit
floor space.
3. Every habitable room shall have at least one floor or wall- type electric convenience outlet for each
60 square feet or fraction thereof of the total floor space, and in no case less than two such electric
outlets, provided, however, that one ceiling or wall-type light fixture may be supplied in lieu of one
required electric outlet.
4. Every water closet compartment, bathroom, kitchen, laundry room, and furnace-room, shall contain at
least one supplied ceiling or wall-type electric light fixture and every bathroom, kitchen, and laundry
room shall contain at least one electric convenience outlet.
5. Every public hall and stairway in every multiple family dwelling shall be adequately lighted by
natural or electric light at all times, so as to provide effective illumination in all parts thereof. Every
public hall and stairway in structures containing not more than two dwelling units may be supplied
with conveniently located light switches controlling an adequate lighting system which may be turned
on when needed, instead of full-time lighting.
6. A convenient switch or equivalent device for turning on a light in each dwelling unit shall be located
near the point of entrance to such unit.
Section 7. Minimum Thermal Standards. 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 have heating facilities
which are properly installed, and which are maintained in safe and good working condition, and which are capable
of safely and adequately heating all habitable rooms, bathrooms and water closet compartments in every dwelling
unit located therein to a temperature of at least 68o Fahrenheit at a distance of three feet above floor level and three
feet from exterior walls at an outside temperature of -25o Fahrenheit. 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. Portable heating equipment employing flame and the use of liquid fuel does not meet the requirements of
this section and is prohibited. No owner or occupant shall install, operate or use a space heater employing a flame
Ordinance No. 83 Housing Maintenance Code Page 8 of 15
that is not vented outside the structure in an approved manner.
Section 8. General Regulations. No person shall occupy as owner, occupant or let to another for occupancy any
dwelling or dwelling unit, for the purposes of living therein, which does not comply with the following
requirements:
1. Foundations, Exterior Walls and Roofs. The foundation, exterior walls and exterior roof shall be
substantially water tight and protected against vermin and rodents and shall be kept in sound condition
and repair. The foundation element shall adequately support the building at all points. Every exterior
wall shall be free of deterioration, holes, breaks, loose or rotting Councils or timbers, and any other
condition which might emit rain or dampness to the interior portion of the walls or to the exterior spaces
of the dwelling. The roof shall be tight and have no defects which admit rain, and roof drainage shall be
adequate to prevent rain water from causing dampness in the walls. All exterior wood surfaces, other
than decay resistant woods, shall be protected from the elements and decay by paint or other protective
covering or treatment. If 25% or more of the exterior surface of such wood surface is unpainted or
determined by the Compliance Official to be paint blistered, the surface shall be painted. If 25% or more
of the exterior surface of the pointing of any brick, block or tone wall is loose or has fallen out, the
surface shall be repaired.
2. Windows, Doors and Screens. Every window, exterior door, and hatchway shall be substantially tight
and shall be kept in sound condition and repair. Every window, other than a fixed window or storm
window, shall be capable of being easily opened. 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 from entering the building. Every open able window or other device required by
Section 7-1, shall be supplied with 16-mesh screens during the insect season.
3. Floors, Interior Walls and Ceilings. Every floor, interior wall, and ceiling shall be adequately
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, protruding or rotted flooring materials. Every
interior wall and ceiling shall be free of holes and large cracks and loose plaster and shall be maintained
in a tight weatherproof condition. Toxic paint and materials with a lasting toxic effect shall not be used.
Every toilet room and bathroom floor surface shall be capable of being easily maintained in a clean and
sanitary condition.
4. Rodent Proof. Every dwelling and accessory structure and the premises upon which located shall be
maintained in a rodent-free and rodent-proof condition. All openings in the exterior walls, foundations,
basements, ground or first floors, and roofs which have a ½" diameter or larger opening shall be rodent-
proofed in an approved manner. Interior floors or basements, cellars and other areas in contact with the
soil shall be paved with concrete or other rodent impervious material.
5. Fence Maintenance. All fences supplied by the owner or agent on the premises and all fences erected by
an occupant on the premises shall consist of metal, wood, masonry, or other decay resistant material.
Fences shall be maintained in good condition both in appearance and in structure. Wood materials, other
than decay resistant varieties, shall be protected against decay by use of paint or other preservatives.
6. Accessory Structure Maintenance. Accessory structures supplied by the owner, agent or tenant
occupant on the premises of a dwelling shall be structurally sound and be maintained in good repair and
appearance. The exterior of such structures shall be made weather resistant through the use of decay-
resistant materials such as paint or other preservatives.
7. Safe Building Elements. Every foundation, roof, floor, exterior and interior wall, ceilings, inside and
outside stair, every porch and balcony, and every appurtenance thereto, shall be safe to use and capable
of supporting loads that normal use may cause to be placed thereon.
8. Facilities to Function. Every supplied facility piece of equipment of utility required under City
Ordinances and every chimney and flue shall be installed and maintained and shall function effectively
Ordinance No. 83 Housing Maintenance Code Page 9 of 15
in a safe, sound and working condition.
9. Grading and Drainage. During the period May through October, every yard, court, passageway, and
other portions in the premises on which a dwelling stands\ shall be graded and drained so as to be free of
standing water that constitutes a detriment to health and safety.
10. Yard Cover. Every yard of a premises on which a dwelling stands shall be provided with lawn or
combined ground cover of vegetation, garden, hedges, shrubbery, and related decorative materials and
such yard shall be maintained consistent with prevailing community standards.
11. Discontinuance of Service or Facilities. No owner, operator, or occupant shall cause any service,
facility, equipment or utility which is required under this Ordinance, to be removed from or shut off from
or discontinued for any occupied dwelling or dwelling unit let or occupied by him, except for such
temporary interruptions as may be necessary while actual repairs or alterations are in process, or during
temporary emergencies.
Section 9. Maximum Density, Minimum Space, Use and Location Requirements. No person shall occupy nor
permit or let to be occupied any dwelling or dwelling unit for the purpose of living therein, which does not comply
with the following requirements:
1. Permissible Occupancy of Dwelling Unit. With the exception of owners occupying a respective dwelling
unit prior to June 1, 1975, the maximum permissible occupancy of any dwelling unit shall be determined as
follows:
1. For the first occupant, 150 square feet of habitable room floor space and for every additional occupant
thereof, at least 100 square feet of habitable room floor space.
2. In no event shall the total number of occupants exceed 2 times the number of habitable rooms, less
kitchen, in the dwelling unit.
2. Maximum Occupancy. Not more than one family, except for temporary guests, shall occupy a dwelling
unit. The maximum occupancy of any house in Gem Lake is determined by the number of bedrooms. Each
bedroom can be occupied by two adults or three children.
3. Minimum Ceiling Height. In order to qualify as habitable, rooms shall have a clear ceiling height of not
less than 7 feet, 6 inches, except that in attics or top-half-stores used for sleeping, study, or similar
activities, the ceiling height shall be not less than 7 feet, 6 inches over at least 40% of the floor area. In
calculating the floor area of such rooms in attics or top-half-stores, only those portions of the floor area in
the room having a clear ceiling height of 5 feet or more may be included.
4. Access through Sleeping Rooms and Bathrooms. No dwelling unit built after 1940 and containing two 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 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 or cellar or to the exterior of any
dwelling unit.
Section 10. Licensing of Rental Units. From and after January 1, 2008, no person shall operate a rental dwelling
without first having obtained a license to do so from the City of Gem Lake as hereinafter provided. The license shall
be issued for a period of one (1) calendar year. Licenses which have less than one (1) year remaining on this term
shall pay one half of the license fee.
1. License Fees. Fees for rental unit licenses shall be as set forth by the City Council in a fee schedule, which
the Council shall pass by ordinance from time to time. The fees shall be due 60 days prior to the license
expiration date; in the cases of new unlicensed dwellings, license fees shall be due upon issuance of the
Ordinance No. 83 Housing Maintenance Code Page 10 of 15
certificate of occupancy; in the cases of licensing periods of less than one (1) year, license fees shall be
prorated monthly:
1. A delinquency penalty of 5% of the license fee for each day of operation without a valid license shall
be charged operators of rental dwellings. Once issued, a license is nontransferable, and the licensee
shall not be entitled to a refund of any license fee upon revocation or suspension.
2. License Renewals. Every operating license up for renewal will be subject to a police call report of the last
twelve (12) months. The city receives police report information from the White Bear Lake Police
Department monthly. This information will be a factor when reviewing for approval of the renewal of a
rental operating license.
1. More than one police call or more than one code violation(s) at a rental address can be considered
when determining whether a rental license should be issued, renewed or revoked.
3. Owner or Agent to Apply. License application or renewal shall be made by the owner of rental units or
his legally constituted agent. Application forms may be acquired from and subsequently filed with the
Compliance Official. The applicant shall supply:
1. Name, address, and telephone number of dwelling owner, owning partners if a partnership, corporate
officers if a corporation.
2. Name, address, and telephone number of designated resident agent, if any.
3. Name, address and telephone number of vendee, if the dwelling is being sold through a contract for
deed.
4. Legal address of the dwelling.
5. Number of dwelling units within the dwelling.
6. Description of procedure through which tenant inquiries and complaints are to be processed.
4. Resident Agent Required. No operating license shall be issued or renewed for a non-resident owner of
rental dwelling units (one who does not reside in any of the following Minnesota Counties: Hennepin,
Ramsey, Anoka, Carver, Dakota, Scott, or Washington) unless such owner designates in writing to the
Compliance Official the name of his resident agent (one who does reside in any of the following Minnesota
Counties: Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, or Washington) who is responsible for
maintenance and upkeep and who is legally constituted and empowered to receive service of notice of
violation of the provisions of the City Ordinance, to receive orders and to institute remedial action to effect
such orders and to accept all service or process pursuant to law. The Compliance Official shall be notified
in writing of any change of resident agent.
5. Conformance to Laws. No operating license shall be issued or renewed unless the rental dwelling and its
premises conform to the Ordinances of the City of Gem Lake and the laws of the State of Minnesota.
6. Inspection Condition. No operating license shall be issued or renewed unless the owner of rental units
agrees in his application to permit inspections pursuant to Section 10.
1. The initial inspection and first re-inspection will not incur an additional fee; however, if the city has to
conduct additional inspections to bring a rental property into compliance, the additional fees will
apply:
1. 2nd re-inspection - $200.00 fee;
Ordinance No. 83 Housing Maintenance Code Page 11 of 15
2. 3rd or more re-inspections - $500.00 fee
2. If your rental property has already been identified as being contingent upon passing a required monthly
inspections / monthly grounds inspection, monthly inspections will not incur an additional fee;
however, if the city has to conduct additional inspections between the required monthly inspections to
bring a rental property into compliance, the additional fees will apply:
1. 2nd re-inspection - $200.00 fee;
2. 3rd or more re-inspections - $500.00 fee
7. Posting Of License. Every licensee of a multiple dwelling shall cause to be conspicuously posted in the
main entry way or other conspicuous location therein the current license for the respective multiple
dwelling.
8. License Not Transferable. No operating license shall be transferable to another person or to another rental
dwelling. Every person holding an operating license shall give notice in writing to the Compliance Official
within 72 hours after having legally transferred or otherwise disposed of the legal control of any licensed
rental dwelling. Such notice shall include the name and address of the person succeeding to the ownership
or control of such rental dwelling or dwellings.
9. Occupancy Register Required. Every owner of a licensed rental dwelling containing three or more
dwelling units shall keep, or cause to be kept, a current register of occupancy for each dwelling unit which
provides the following information:
1. Dwelling unit address.
2. Number of bedrooms in dwelling unit.
3. Names of adult occupants and number of adults and children (under 18 years of age) currently
occupying the dwelling units.
4. Dates renters occupied and vacated dwelling units.
5. A chronological list of complaints and request for repair by dwelling unit occupants, which complaints
and requests are related to the provisions of this Ordinance, and
6. A similar chronological list of all corrections made in response to such requests and complaints.
Such register shall be made available for viewing or copying by the Compliance Official at all reasonable
times.
10. License Suspension or Revocation. Every operating license issued under the provisions of this Ordinance
is subject to suspension or revocation by the City Council should the licensed owner or his duly authorized
resident agent fail to operate or maintain licensed rental dwellings and units therein consistent with the
provisions of the Ordinances of the City of Gem Lake and the laws of the State of Minnesota. In the event
that an operating license is suspended or revoked by the City Council for just cause, it shall be unlawful for
the owner of his duly authorized agent to thereafter permit any new occupancies of vacant or thereafter
vacated rental units until such time as valid operating license may be restored by the City Council. Any
person violating this provision shall be guilty of a violation of this Ordinance.
Ordinance No. 83 Housing Maintenance Code Page 12 of 15
Section 11. Enforcement and Inspection Authority. The City Clerk and his designated agents shall be the
Compliance Official who shall administer and enforce the provisions of this Ordinance and who are hereby
authorized to cause inspections on a scheduled basis for rental units, or otherwise when reason exists to believe that
a violation of this Ordinance has been or is being committed. Inspections shall be conducted during reasonable
daylight hours and the Compliance Official shall present evidence of official capacity to the occupant in charge of a
respective dwelling unit.
1. Right of Entry. Where it is necessary to make an inspection to enforce the provisions of this code, or
whenever the code official has reasonable cause to believe that there exists in a structure or upon a
premises a condition in violation of this ordinance, the code official is authorized to enter the structure or
premises at reasonable times to inspect or perform the duties imposed by this ordinance, provided that if
such structure or premises is occupied the code official shall present credentials to the occupant and request
entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to
locate the owner, owner’s authorized agent or other person having charge or control of the structure or
premises and request entry. If entry is refused, the code official may seek a court order authorizing such
inspections.
2. Identification. The code official shall carry proper identification when inspecting structures or premises in
the performance of duties under this ordinance.
Section 12. Unfit for Human Habitation. Any dwelling, dwelling unit, or rooming unit which is damaged, decayed,
dilapidated, unsanitary, unsafe, vermin or rodent infested, or other 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. Whenever any dwelling, dwelling unit, or
rooming unit has been declared unfit for human habitation, the Compliance Official shall order same vacated within
a reasonable 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.
It shall be unlawful for such dwelling, dwelling unit, or rooming 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, dwelling unit or
rooming unit.
1. Secure Unfit and Vacated Dwellings. The owner of any dwelling, dwelling unit, or rooming unit which
has been declared unfit for human habitation, or which is otherwise vacant for a period of 60 days or
more, shall make 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 open at doors or windows, if
unguarded, 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 Ordinance.
2. 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 reasonable time, the dwelling
may be declared a hazardous building and treated constant with the provisions of Minnesota Statutes.
Section 13. Compliance Order.
1. Whenever the Compliance Official determines that any dwelling, dwelling unit, or rooming unit, or the
premises surrounding any of these, fails to meet the provisions of this Ordinance, he may issue a
Compliance Order setting forth the violations of the Ordinance and ordering the owner, occupant,
operator, or agent to correct such violations. This Compliance Order shall:
1. Be in writing.
2. Describe the location and nature of the violations of this Ordinance.
3. Establish a reasonable time for the correction of such violation and notify of appeal recourse.
Ordinance No. 83 Housing Maintenance Code Page 13 of 15
4. Be served upon the owner or his 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:
1. Served upon him personally, or
2. Sent by registered mail to his last known address, or
3. Upon failure to effect notice through (1) and (2) as set out in this Section, posted at a conspicuous
place in or about the dwelling which is affected by the notice.
2. 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 Ordinance, such person may appeal the
compliance order to the City Council sitting as a Board of Appeals and Adjustments. Such appeals must
be in writing, must specify the grounds for the appeal, must be accompanied by a filing fee as established
by the City Council in cash or cashier’s check, and must be filed with the City Clerk within five (5)
business days after service of the compliance order. 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.
3. Board of Appeals Decision. Upon at least five (5) business days’ notice to the appellant of the time and
place for hearing the appeal, and within thirty (30) days after said appeal is filed, the Board of Appeals and
Adjustments shall hold a hearing thereon. The Board of Appeals and Adjustments may reverse, modify, or
affirm, in whole or in part, the compliance order and may order return of all or part of the filing fee if the
appeal is upheld.
4. Restrictions on Transfer of Ownership. It shall be unlawful for the owner of any dwelling, dwelling
unit, or rooming unit upon whom a pending compliance order has been served to sell, transfer, mortgage,
lease or otherwise dispose thereof to another person until the provision of the tag or compliance order
have been complied with unless such owner shall furnish to the grantee, lessee, or mortgagee a true copy
of any notice of violation or compliance order and shall obtain and possess a receipt of acknowledgement.
Anyone securing an interest in the dwelling, dwelling unit, or rooming unit who has received notice of the
existence of a violation tag or compliance order shall be bound by same without further service of notice
upon him and shall be liable to all penalties and procedures provided by this Ordinance.
5. Penalties. Any person 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, upon
conviction therefore shall be punished as hereinafter provided for conviction of violation of this
Ordinance.
6. Execution of Compliance Orders by Public Authority. Upon failure to comply with a compliance order
within the time set therein and no appeal having been taken, or upon failure to comply with a modified
compliance order within the time set therein, the criminal penalty established hereunder notwithstanding,
the City Council may by resolution cause the cited deficiency to be remedied as set forth in the
compliance order. The cost of such remedy shall be a lien against the subject real estate and may be levied
and collected as a special assessment in the manner provided by Minnesota Statutes, Chapter 429, but the
assessment shall be payable in a single installment.
Section 14. Alternative Sanctions. Notwithstanding the availability of the foregoing compliance procedures and
the penalties, whenever the Compliance Official determines that any dwelling, dwelling unit, or rooming unit or
the premises surrounding any of these fails to meet the requirements set forth in this Ordinance, the Compliance
Official may issue a violation tag summoning the responsible person into court or request the issuance of a
criminal complaint and arrest warrant.
Section 15. Penalties. In addition to any fines, costs, or assessments provided for by this Ordinance or other City
Ordinances, the City may prosecute a violation of any provision of this Ordinance as a misdemeanor, and a person,
Ordinance No. 83 Housing Maintenance Code Page 14 of 15
if convicted, may be punished by the maximum fine and term of imprisonment provided by Minnesota Statutes §
609.02, subd. 3, as that statute may be amended from time to time.
Section 16. Severability. Should any section, subdivision, clause or other provision of this Ordinance be held to
be invalid by any court of competent jurisdiction, such decision shall not affect the validity of the Ordinance as a
whole, or of any part thereof, other than the part held to be invalid.
Section 17. Effective Date. This Ordinance shall take effect and be in force from and after its passage and
publication.
Dated: July 18, 2023
APPROVED: ATTEST: Gretchen Artig-Swomley Melissa Lawrence
Gretchen Artig-Swomley, Mayor Melissa Lawrence, Acting City Clerk
Ordinance No. 83 Housing Maintenance Code Page 15 of 15
City of Gem Lake, Ramsey County, Minnesota
Housing Maintenance and Occupancy Code
Ordinance No. 83
Ordinance Description Enactment
83 Section 10, changed the licensing period for rental properties from 2
years to 1 year.
18 July 2023
83 Section 9, changed the language for occupancy limits.
Section 10, added language on license renewals and inspection
conditions. Section 11, changed language regarding the right of entry
19 November 2024