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HomeMy WebLinkAboutOrdinance 19-06 Amending Chapters 14 and 105 Fire InspectionsORDINANCE NO. 19-06 CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTERS 14 AND 105 OF THE FALCON HEIGHTS CITY CODE THE CITY COUNCIL OF FALCON HEIGHTS ORDAINS:   SECTION 1 Section 14-1 is amended as follows. Additions are shown with an underline, and deletions are shown with a strikethrough.  Sec. 14-1. - Business license requirements and regulations. (a)  Business licenses . No person shall operate a business within the city without obtaining and maintaining a business license as provided herein. (b)  Licensing procedures and regulations . (1)  Issuance . Each owner of a business to be located within the city shall complete an application for a business license on forms provided by the city clerk, containing such information as is requested on the form. Business licenses shall be issued upon receipt of the completed application and appropriate license fee (as established by city council), after review by city staff; provided that the operation of the business at the proposed location complies with this Code and other applicable laws (i.e., Uniform Fire Code and Uniform Building Code, the state fire and building codes), passes an inspection, and approval by the city council. (2)  Revocation . A business license may be revoked by the city council after a hearing at which the council finds that operation of the business is inconsistent with the information provided on the license application, operation of the business violates any part of this Code or state or federal law, and/or operation of the business has resulted in repeated violations of this Code or state or federal law. At least ten days prior to such a revocation hearing, notice shall be mailed to the owner of the business license, indicating the nature of the hearing. A majority vote of the council shall be sufficient to sustain revocation of a business license. (32)  Renewal . Business licenses granted hereunder may be renewed upon submission to the city clerk of the appropriate license renewal fee and a completed renewal application, indicating any changes from the previous license application. Licenses will be renewed only if the business has been operated in compliance with all applicable laws, including this Code, during the preceding license term. All renewals must be approved by the city council. (43)  Condition of premises . Premises used in connection with any licenses business must be kept clean, in good repair, and free and clear of any trash, rubbish or debris. (4) Ownership changes. Changes that result in a 25% change in ownership of a business requires a new license. The new owner(s) must submit an application for a new license within thirty calendar days of acquiring the property. Businesses that are listed on a stock exchange are exempt from section 14-1(b)(4). SECTION 2 Section 14-2 is added as follows. Additions are shown with an underline.  Sec. 14-2 – Inspection requirements (a) Inspection required. A satisfactory pass of an inspection is a condition of approval for a business license. (b) Inspection scope. The city clerk or designated representative is authorized to inspect all buildings where a business is located. The inspection may include the building or structure, the land upon which it is located and accessory uses or structures. All inspections authorized by this chapter shall be limited to those which are done for the purpose of seeking compliance with applicable safety codes, and shall take place only at reasonable hours or as may otherwise be agreed upon by the owner and the city clerk or designated representative. An inspection is required every 24 months. (c) Notice of violations. The city clerk or designated representative shall give written notice to the owner, or any known interested parties, of any violations of the applicable safety codes which are discovered during any inspection. The violations must be remedied and pass a re-inspection as a condition of license approval. (d)  Access and warrant. The city clerk or designated representative may enter, examine and survey at all reasonable times all businesses and premises after obtaining consent from an occupant of the premises. The city may also, upon receipt of a creditable third party complaint or a complaint by residents with reasonable concerns, require an inspection of a business. In the event that an occupant of the premises does not consent to entry by the city clerk or designate representative, and if there is probable cause to believe that an inspection is warranted, then application may be made to the court for an administrative or other search warrant for the purpose of inspecting the premises. (e) Inspection fees. The city council shall establish the fee for inspections and re-inspection related to issuing business licenses. SECTION 3 Section 14-3 is added as follows. Additions are shown with an underline. Sec. 14-3. - Revocation, suspension, and civil fines. (a)  Violations. The following actions by property owners or license holders are misdemeanors and are subject to civil penalties, may constitute the basis for revocation of licenses and/or may result in injunctive action by the city. The property owner shall be responsible for the conduct of its agents or employees while engaged in normal business activities on the licensed premises. Any violation of this chapter shall be considered an act of the property owner or license holder for purposes of imposing a civil penalty or license revocation. If a license is revoked it is unlawful for the owner to permit new occupancy of any vacant unit, or any units that become vacant during license injunction. (b)  Basis for sanctions. The city council may revoke, suspend, deny or decline to renew any license issued under this chapter for part or all of a property upon any of the following grounds: (1)  Leasing without a license. Leasing business units without a license is subject to license suspension or revocation; (2)  Violation of codes. Violation of the city maintenance code, building code, fire code, or state or federal law; (3)  Hazardous or uninhabitable units. Leasing units that are deemed hazardous or uninhabitable or units within a building that are deemed hazardous or uninhabitable; (4)  Commission of a felony. Commission of a felony related to the licensed activity by the property owner or business owner; (5)  Consideration of suspension or revocation. At any time during a license period, if a property does not meet or exceed the criteria established for the current license, the license may be brought forth to the city council for consideration of license suspension or revocation; (6)  Updated application requirement. Failure to provide an updated application with current information within 30 days of application renewal request from the city; (7)  False statements. False statements on any application or other information or report required by this chapter to be given by the applicant or licensee; (8)  Fees. Failure to pay any application, inspection, penalty, reinspection or reinstatement fee required either by this section or city council resolution. Fee amounts are subjected to change through the city fee schedule; (9)  Correction of deficiencies. Failure to correct dwelling deficiencies in the time specified in a compliance order; (10)  Inspection. Failure to schedule an inspection within 90 days of application filed and/or allow an authorized inspection; (11)  Delinquent taxes or fines. Real estate or personal property taxes or municipal utilities have become delinquent or have unpaid fines. (c)  Penalties. (1)  Revocation. Any violation of this chapter may be grounds to revoke a license. Any civil penalty, revocation or combination thereof under this section does not preclude criminal prosecution under this chapter or Minnesota statutes. All fines are cumulative and revocation periods will run consecutively. (2)  Violation. Any person that maintains a business without having a property registered or after the registration for the property has been revoked or suspended or who permits new occupancy in violation is guilty of a misdemeanor and upon conviction is subject to a fine and imprisonment as prescribed by state law. a.  First violation: City clerk will give notice to the licensee of the violation, request fine payment and direct the licensee to take steps to prevent further violations. b.  Second violation: If a second violation occurs within 60 days of a first violation the city clerk will give notice to the licensee of the violation, request fine payment and direct the licensee to take steps to prevent further violations. c.  Third or more violation: If another instance of violations occurs within 60 days of the calendar year the city clerk will give notice to the licensee of the violation, request fine payment and direct the licensee to take steps to prevent further violations. If a fourth or subsequent violation occurs, suspension of the license will be pending until a hearing. (3)  Suspension. The city council may temporarily suspend a license pending a hearing on the suspension or revocation when, in its judgment, the public health, safety, and welfare is endangered by the continuance of the licensed activity. (4)  Civil fines. The city council may impose civil fines in addition to revocation or suspension for violations of any provision of this chapter as follows: Within One Calendar Year Fine Per Unit/Common Building  First Violation $300.00  Second Violation 600.00  Third or more within a 12-month period 900.00  Operating a business without a license after 30 days' notice shall be subject to $1,000.00 fine per unit and also be a misdemeanor offense.   SECTION 4 Section 14-4 is added as follows. Additions are shown with an underline. Sec. 14-4. - Hearing on penalties, revocation, violation, suspension and civil fines. (a)  Hearing. Following receipt of a notice of denial or nonrenewal or a notice of a violation and penalty issued under section 14-3 of this chapter, an applicant or license holder may request a hearing before the city council. A request for a hearing shall be made by the applicant or license holder in writing and filed with the city clerk within ten days of the mailing of the notice of denial or alleged violation. Following receipt of a written request for hearing, the applicant or license holder shall be afforded an opportunity for a hearing before the city council. A hearing will be conducted before the city council at a public meeting, or the city council may retain an administrative hearing officer or other impartial third party to conduct the public hearing. The licensee shall have the right to be represented by counsel, the right to respond to the charged violations, and the right to present evidence through witnesses. The rules of evidence do not apply to the hearing and the city council may rely on all evidence it determines to be reasonably credible. The determination to suspend or revoke the license shall be made upon a preponderance of the evidence. It is not necessary that criminal charges be brought in order to support a suspension or revocation of a license violation nor does the dismissal or acquittal of such a criminal charge operate as a bar to suspension or revocation. (b)  Decision basis. The council shall give due regard to the frequency and seriousness of violations, the ease with which such violations could have been cured or avoided and good faith efforts to comply and shall issue a decision to deny, not renew, suspend or revoke a license only upon written findings. (c)  Findings. If after the hearing the applicant or license holder is found ineligible for a license, or in violation of this chapter, the council may affirm the denial, impose a civil penalty, suspend, or revoke a license or impose any combination thereof. (d)  Default. If the applicant or license holder has been provided written notice of the denial, nonrenewal, or violation and if no request for a hearing is filed within the ten-day period, then the denial or revocation take immediate effect by default. The city clerk shall mail notice of the denial, fine, suspension, or revocation to the applicant or license holder. The city clerk shall investigate compliance with the denial or revocation. (e)  Penalties for default. Failure to comply with all terms of this section during the term of revocation, suspension or nonrenewal is a misdemeanor and grounds for extension of the term of revocation, suspension or continuation of nonrenewal of the license. (f)  Affected facility. The council may suspend or revoke a license or not renew a license for part or all of a facility. (g)  Suspension. Licenses may be suspended for up to 90 days and may, after the period of suspension, be reinstated subject to compliance with this chapter and any conditions imposed by the city council at the time of suspension including, but not limited to, receivership or city obtaining control to manage the property temporarily. (h)  Written decision, compliance. A written decision to revoke, suspend, deny, or not renew a license or application shall specify the part or parts of the facility to which it applies. Thereafter, and until a license is reissued or reinstated, no units becoming vacant in such part or parts of the facility may be relet or occupied. (i)  Continuing obligations, penalty. Revocation, suspension or nonrenewal of a license shall not excuse the owner/licensee from compliance with all terms of this chapter, this Code, and state or federal laws for as long as any units in the facility are occupied. Failure to comply with all terms of this chapter during the term of revocation, suspension or nonrenewal is a misdemeanor and grounds for extension of the term of such revocation or suspension or continuation of nonrenewal, or for a decision not to reinstate the license, notwithstanding any limitations on the period of suspension, revocation or nonrenewal specified in the city council's written decision. (j)  New licenses prohibited. A person who has a business license revoked may not receive a business license for another property within the city for a period of one year from the date of revocation. The person may continue to operate other currently licensed properties if the properties are maintained in compliance with city codes and other applicable regulations. SECTION 5 Section 14-5 is added as follows. Additions are shown with an underline. Sec. 14-5. - Summary action. (a)  When the condition of the property of any license holder or their agent, representative, employee or lessee is detrimental to the public health, safety and general welfare as to constitute a nuisance, fire hazard or other unsafe or dangerous condition and thus give rise to an emergency, the city clerk shall have the authority to summarily condemn or close off such area of the property. (b)  Any person aggrieved by a decision of the city clerk to cease business or revoke or suspend the license or permit shall be entitled to appeal to the city council immediately, by filing a notice of appeal. The city clerk shall schedule a date for hearing before the city council and notify the aggrieved person of the date. (c)  The hearing shall be conducted in the same manner as if the aggrieved person had not received summary action. (d)  The decision of the city clerk shall not be voided by the filing of such appeal. Only after the city council has held its hearing will the decision of the compliance official be affected. SECTION 6 Section 14-6 is added as follows. Additions are shown with an underline. Sec. 14-6. - Applicable laws. Licenses shall be subject to all of the ordinances of the city and the State of Minnesota relating to businesses; and this chapter shall not be construed or interpreted to supersede or limit any other such applicable ordinance or law. SECTION 7 Section 14-7 is added as follows. Additions are shown with an underline. Sec. 14-7. - Multiple suspensions. If the license of more than one unit in a licensed premises is suspended within 12 months, the period of suspension for the second and subsequent dwelling units licensed that are suspended may be doubled for the suspension period specified in this chapter. SECTION 8 Sec. 14-2 - Contractors license requirements and regulations is renumbered to 14-8. SECTION 9 Sec. 105-86 is amended as follows. Additions are shown with an underline. Sec. 105-86. - Purpose. It is the purpose of this article to protect the public health, safety and welfare of citizens of the city who have as their place of abode a living unit furnished to them for the payment of a rental charge to another by adopting licensing regulations for all rental dwellings and multifamily rental dwellings in the city. SECTION 10 Sec. 105-87 is amended as follows. Additions are shown with an underline, and deletions are shown with a strikethrough.  Sec. 105-87. - Definitions. For the purposes of this article, the terms defined in this section shall have the meanings given them as follows: Compliance official means the city administrator or his or her designee. Operate means to charge a rental charge or other form of compensation for the use of a unit in a rental dwelling/multifamily rental dwelling. Rental dwelling means any single-family dwelling, duplex dwelling or triplex dwelling, which is rented for more than four consecutive months in any calendar year. "Rental dwelling" does not include hotels, motels, hospitals, or homes for the aged. Rental dwelling does not include Minnesota Department of Health–licensed rest homes, convalescent care facilities, nursing homes, hotels, motels, managed home-owner associations, cooperatives, or on-campus college housing. Multifamily rental dwelling means any building or portion thereof, including the real property upon which it is located and which surrounds it, that contains four or more dwelling units that may be attached side-by-side, stacked floor-to-ceiling, and/or have a common entrance and have a common owner that are being rented out. Multifamily rental dwelling does not include Minnesota Department of Health–licensed rest homes, convalescent care facilities, nursing homes, hotels, motels, managed home-owner associations, cooperatives, or on-campus college housing. SECTION 11 Section 105-88 is amended as follows. Additions are shown with an underline. Sec. 105-88. - License required. No person, firm, partnership, corporation or other legal entity shall operate a rental dwelling or multifamily rental dwelling in the city without first obtaining a license. The license is issued annually and is valid until the date of expiration. Changes that result in a 25% change in ownership of a property requires a new license. The new owner(s) must submit an application for a new license within thirty calendar days of acquiring the property. Property owners that are listed on a stock exchange are exempt from section 105-88. SECTION 12 Section 105-89 is amended as follows. Additions are shown with an underline, and deletions are shown with a strikethrough.  Sec. 105-89. - Application for licenses. Applications for licenses shall be made in writing on forms provided by the city and accompanied by the fee amounts as established in the City Code by the City Council. Such application shall be submitted at least 60 days prior to the expiration date of the license, and shall specify the following: (1)  Name and address of the owner of the rental dwelling/multifamily rental dwelling. (2)  Name and address of any agent actively managing the rental dwelling/multifamily rental dwelling. The agent must live within the Seven County Metropolitan area and must have a background check conducted by the police department. (3)  Name and address of all partners if the registrant is a partnership. (4)  Name and address of all officers of the corporation if the registrant is a corporation. (5)  Name and address of the vendee if the rental dwelling/multifamily rental dwelling is owned or being sold on a contract for deed. (6)  Legal address of the rental dwelling/multifamily rental dwelling. (7)  Number and kind of units within the rental dwelling/multifamily rental dwelling classified as dwelling units, tenement units, or rooming units or other. (8)  Name and address of on-site operating manager, if any. SECTION 13 Section 105-91 is amended as follows. Additions are shown with an underline, and deletions are shown with a strikethrough.  Sec. 105-91. - License renewal. Notwithstanding the application signature requirements, renewals of the license as required annually by this Code may be made by filling out the required renewal form furnished provided by the compliance official city to the owner, operator or agent of a rental dwelling/multifamily rental dwelling and mailing said form together with the required registration fee to the compliance official. Failure to file the completed application with the city at least 60 days prior to the expiration of the license is a violation of this article. SECTION 14 Section 105-92 is amended as follows. Additions are shown with an underline, and deletions are shown with a strikethrough.  Sec. 105-92. - License fees. The license fees shall be in the amount established in this Code by the City Council. Failure to pay the license fee for renewal of a license is a violation of this article. SECTION 15 Section 105-93 is amended as follows. Additions are shown with an underline.  Sec. 105-93. - Furnish license. Every registrant of a rental dwelling/multifamily rental dwelling shall be given a copy of the license. The license shall contain a statement that the tenant or tenants may contact the attorney general for information regarding the rights and obligations of owners and tenants under state law. The statement shall include the telephone number and address of the attorney general. SECTION 16 Section 105-94 is amended as follows. Additions are shown with an underline, and deletions are shown with a strikethrough.  Sec. 105-94. - City inspections. (a)  Rental units dwellings shall be inspected by the compliance official or designated representative in their entirety every 24 months. An application and payment is required annually on a continuous basis. Rental units dwellings that fail their first inspection will be subjected to additional inspections until an inspection certificate is given by the compliance official. Rental units dwellings that fail their first inspection will be subjected to an inspection the subsequent year. (b) Multifamily rental dwellings shall be inspected by the compliance official or designated representative every 24 months. An inspection will be made of the common areas of the property. An application and payment is required annually on a continuous basis. Multifamily rental dwellings that fail their first inspection will be subjected to additional inspections until an inspection certificate is given by the compliance official. Multifamily rental dwellings that fail their first inspection will be subjected to an inspection the subsequent year. (bc)  Pursuant to this section, the compliance official shall make inspections to determine the condition of rental dwellings/multifamily rental dwellings located within the city for the purpose of enforcing the rental licensing standards. The compliance official or designated representative may enter, examine and survey at all reasonable times all rental dwellings/multifamily rental dwellings and premises after obtaining consent from an occupant of the premises. In the event that an occupant of the premises does not consent to entry by the compliance official or designate representative, and if there is probable cause to believe that an inspection is warranted, then application may be made to the court for an administrative or other search warrant for the purpose of inspecting the premises. (d) The city may, upon receipt of a creditable third party complaint or a complaint by residents with reasonable concerns, require an inspection of rental dwellings/multifamily rental dwellings. A complaint-based inspection may require individual dwelling units to be inspected. (de)  The owner's rental housing license may be suspended, revoked or denied renewal for failing to maintain the licensed building in compliance with the property maintenance code as set forth in chapter 105, article III of this Code or otherwise failing to comply with the requirements of the City Code or applicable state or federal law. SECTION 17 Section 105-95 is amended as follows. Additions are shown with an underline.  Sec. 105-95. - Maintenance standards. (a)  Every rental dwelling/multifamily rental dwelling shall maintain the standards in chapter 105, article III, housing code, and chapter 22, blight, in addition to any other requirement of the ordinance of the city or special permits issued by the city, or the laws of the State of Minnesota. (b)  Any code violation noted by the city must be remedied in a timely fashion by the property owner and reinspected for compliance by the city. SECTION 18 Section 105-97 is amended as follows. Additions are shown with an underline.  Sec. 105-97. - Revocation, suspension, and civil fines. (a)  Violations. The following actions by property owners or license holders are misdemeanors and are subject to civil penalties, may constitute the basis for revocation of licenses and/or may result in injunctive action by the city. The property owner shall be responsible for the conduct of its agents or employees while engaged in normal business activities on the licensed premises. Any violation of this article shall be considered an act of the property owner or license holder for purposes of imposing a civil penalty or license revocation. If a license is revoked it is unlawful for the owner to permit new occupancy of any vacant rental unit, or any units that become vacant during license injunction. (b)  Basis for sanctions. The compliance official may revoke, suspend, deny or decline to renew any license issued under this article for part or all of a rental dwelling/multifamily rental dwelling upon any of the following grounds: (1)  Leasing without a license. Leasing residential units without a license is subject to license suspension or revocation; (2)  Violation of codes. Violation of the city maintenance code, building code, or fire code; (3)  Hazardous or uninhabitable units. Leasing units that are deemed hazardous or uninhabitable or units within a building that are deemed hazardous or uninhabitable; (4)  Commission of a felony. Commission of a felony related to the licensed activity by the property owner or manager; (5)  Consideration of suspension or revocation. At any time during a license period, if a rental property does not meet or exceed the criteria established for the current license, the license may be brought forth to the city council for consideration of license suspension or revocation; (6)  Updated application requirement. Failure to provide an updated application with current information within 30 days of application renewal request from the city; (7)  False statements. False statements on any application or other information or report required by this article to be given by the applicant or licensee; (8)  Fees. Failure to pay any application, inspection, penalty, reinspection or reinstatement fee required either by this section or city council resolution. Fee amounts are subjected to change through the city fee schedule; (9)  Correction of deficiencies. Failure to correct dwelling deficiencies in the time specified in a compliance order; (10)  Inspection. Failure to schedule an inspection within 90 days of application filed and/or allow an authorized inspection of a rental dwelling/multifamily rental dwelling; (11)  Violation of statute. Violation of an owner's duties under Minn. Stats. §§ 299C.66 to 299C.71 ("Kari Koskinen Manager Background Check Act"); (12)  Delinquent taxes or fines. Real estate or personal property taxes or municipal utilities have become delinquent or have unpaid fines. (c)  Penalties. (1)  Revocation. Any violation of this article may be grounds to revoke a license. Any civil penalty, revocation or combination thereof under this section does not preclude criminal prosecution under this article or Minnesota statutes. All fines are cumulative and revocation periods will run consecutively. (2)  Violation. Any person that maintains a rental dwelling/multifamily rental dwelling without having a property registered or after the registration for the property has been revoked or suspended or who permits new occupancy in violation is guilty of a misdemeanor and upon conviction is subject to a fine and imprisonment as prescribed by state law. a.  First violation: Compliance official will give notice to the licensee of the violation, request fine payment and direct the licensee to take steps to prevent further violations. b.  Second violation: If a second violation occurs within 60 days of a first violation the compliance official will give notice to the licensee of the violation, request fine payment and direct the licensee to take steps to prevent further violations. c.  Third or more violation: If another instance of violations occurs within 60 days of the calendar year compliance official will give notice to the licensee of the violation, request fine payment and direct the licensee to take steps to prevent further violations. If a fourth or subsequent violation occurs, suspension of the license will be pending until a hearing. (3)  Suspension. The city council may temporarily suspend a license pending a hearing on the suspension or revocation when, in its judgment, the public health, safety, and welfare is endangered by the continuance of the licensed activity. (4)  Civil fines. The city council may impose civil fines in addition to revocation or suspension for violations of any provision of this article as follows: Within One Calendar Year Fine Per Unit/Common Building  First Violation $300.00  Second Violation 600.00  Third or more within a 12-month period 900.00  Renting without a license after 30 days' notice shall be subject to $1,000.00 fine per unit and also be a misdemeanor offense   SECTION 19 Section 105-99 is amended as follows. Additions are shown with an underline.  Sec. 105-99. - Summary action. (a)  When the condition of the rental dwelling/multifamily rental dwelling of any license holder or their agent, representative, employee or lessee is detrimental to the public health, safety and general welfare as to constitute a nuisance, fire hazard or other unsafe or dangerous condition and thus give rise to an emergency, the compliance official shall have the authority to summarily condemn or close off such area of the rental dwelling/multifamily rental dwelling. (b)  Any person aggrieved by a decision of the compliance official to cease business or revoke or suspend the license or permit shall be entitled to appeal to the city council immediately, by filing a notice of appeal. The administrator shall schedule a date for hearing before the city council and notify the aggrieved person of the date. (c)  The hearing shall be conducted in the same manner as if the aggrieved person had not received summary action. (d)  The decision of the compliance official shall not be voided by the filing of such appeal. Only after the city council has held its hearing will the decision of the compliance official be affected. SECTION 20 Section 105-100 is amended as follows. Additions are shown with an underline.  Sec. 105-100. - Applicable laws. Licenses shall be subject to all of the ordinances of the city and the State of Minnesota relating to rental dwellings/multifamily rental dwellings; and this article shall not be construed or interpreted to supersede or limit any other such applicable ordinance or law. SECTION 21 This ordinance shall be effective upon its passage and a summary published in the official newspaper.   ADOPTED this 11th day of September, 2019, by the City Council of the City of Falcon Heights, Minnesota.   - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - Moved by: Approved by: ________________________ Randall Gustafson Mayor GUSTAFSON ___ In Favor Attested by: ________________________ HARRIS Sack Thongvanh LEEHY ___ Against City Administrator MIAZGA Vacant