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HomeMy WebLinkAboutOrdinance 915 ORDINANCE NO.915 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 1000,CHAPTER 1012 OF THE MOUNDS VIEW CITY CODE RELATING TO RENTAL DWELLING LICENSES The City of Mounds View Ordains: SECTION 1. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1012, Section 1012.02 of the Mounds View Municipal Code by alphabetically adding the underlined definitions as follows: 1012.02: DEFINITIONS: Group Home: A residential accommodation for a small group of unrelated people in need of care, support or supervision. Drug Related Criminal Activity: Illegal manufacturina, sale, distribution, use or possession with the intent to manufacture, sell distribute, or use of a controlled substance or any substance represented to be drugs (as defined in section 102 of the Controlled Substance Act f21.U.S.0 8021) Tenant. Any person living or sleeping in a rental dwelling or having possession of a space within a rental dwelling Enforcement Officer. For purposes of this Chapter, the Enforcement Officer shall be the Housing Code Enforcement Officer, or other person so designated by the City. SECTION 2. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1012, Section 1012.03 of the Mounds View Municipal Code by adding the underlined material and deleting the stricken material as follows: 1012.03: LICENSING PROVISIONS: Subd. 1. License Required: No person shall allow to be occupied or let to another for occupancy any rental dwelling unit unless the owner has first obtained a rental dwelling license. a. Applicability: The provisions of this Chapter shall apply to all multiple dwellings, rental dwellings, rental dwelling units, including rented single-family dwellings, rented condominiums, rented townhouses and rented leasehold cooperative dwelling units. One (1) license shall be issued for each building with rental dwelling units and shall be deemed to cover only such dwelling units under single ownership. Ordinance 915 Page 2 b. Exceptions: (1) A rental dwelling license is not required for single-family dwellings residences occupied by the owner where no more than two (2) sleeping rooms are rented and the renters have access to the entire dwelling. residence, (2) A rental dwelling license is not required er for single-family dwellings residences occupied only by the owner's children or parents. (3) A rental dwelling license is not required for zero-lot-line dwellings in which the units are owned individually and not rented. (4) A rental dwelling license fee and the inspection will be waived by the City for two-family dwellings if both units are occupied by the owner, the owner's children or the owner's parents, subject to annual submission of the Rental License Application form. Subd. 2. Application for Rental Dwelling License: Before any license required by this Section shall be issued or renewed, the owner shall make written application with the Community Development Department for a license to carry on the business of renting residential property. a. An application must be filed with the Community Development Department thirty (30) days prior to the effective date for license renewal in existing buildings. For new buildings an application shall be filed after construction is completed but before any units are occupied. b. Applications shall be signed and submitted by the owner of a rental dwelling if the owner is a natural person; if the owner is a corporation, by an officer thereof; and if the owner is a partnership, by a partner thereof. c. The application shall be made on forms provided by the Community Development Department. License Regular license applications shall include the following information: (1) Legal address of the rental dwelling. (2) Number and type of units rented. (3) Height of building in stories. (4) Construction of the exterior of the building. (5) Total floor area of the building. (6) Total area provided on premises for off-street parking. (7) Names and street address of the vendee if the rental dwelling is being sold on a contract for deed. Ordinance 915 Page 3 (8) Name, business or residence address, telephone number, and date of birth of the owner of the dwelling. If the owner is a partnership the name of the partnership,the name, residence address, and date of birth of the managing partner, and the full name and address of all partners. If the owner is a corporation, the application shall include the name and address of the corporation, and the name of the chief operating officer. (9) If the owner has appointed a property manager, or an agent authorized to accept service of process and to receive and give receipt for notices, the name, business or residence address,telephone number, and date of birth of such agent. (10) Every applicant, whether an individual, partnership, or corporation, shall identify in the application the residence or business street address, telephone number, and date of birth, of a natural person who is actively involved in, and responsible for, the maintenance and management of the premises. Said natural person shall, if other than the owner, shall accept joint and several responsibility with the owner, including any potential criminal, civil, or administrative liability, for the maintenance and management of the premises. A post office box or commercial mail receiving service are not acceptable as an address for such person. The individual designated herein may also be the owner of the dwelling or an agent identified in Section 1012.02, Subdivision 2d. d. Local Agent: No rental dwelling license shall be issued or renewed if the owner does not reside within the eleven (11) county metro area consisting of: Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington and Wright; unless the owner designates in writing the name of a local agent who resides within the eleven (11) county metro area. The Community Development Department shall be notified in writing of any change of local agent. e. In the event that any of the information required to be provided by this Subdivision changes, the applicant or licensee shall, within fourteen (14) days, notify in writing the Community Development Department of the changes. f. Group Homes licensed by the State or Ramsey County must submit a completed rental dwelling license application but shall be exempt from license fees, conversion fees and inspection requirements. Subd. 3. License Fees: An annual fee, established by City Council resolution, shall be paid thirty (30) days prior to the license expiration date. License fees may be reduced by voluntary participation in the Crime Free Rental Housing Program as outlined in Section 1012.08. - - .. , !! , -- ' - - - -- . . . • . . _ . -- following certification levels: Level "C" certification: twenty percent (20%) reduction; Level "B" certification: thirty three percent (33%) reduction; Level "A" certification: fifty percent (50%) reduction. Certification in the aforementioned levels is voluntary and . . . - • - . -- - • - -• - - •. . . Any owner or an agent who fails to apply for license renewal in the case of an existing license,prior to the time Ordinance 915 Page 4 or date set forth herein shall pay a fee double that required herein a penalty as established by City Council resolution. The license fee shall include the initial inspection and one (1) follow-up inspection. A fee, established by City Council resolution, shall be charged for any reinspections or attempted reinspections required, whether due to the failure of the reinspection, the Enforcement Officer's inability to gain access to the multiple dwelling at the time of attempted reinspection, or otherwise, and must be paid before a license will be issued. a, The Qoperation of an unlicensed rental dwelling unit shall be subject to an additional administrative fine, as established by City Council resolution. Subd. 4. Conversion Fees: When a dwelling is converted to a rental dwelling or has been unlicensed for more than a year, it must be inspected for compliance with the Housing Maintenance Code. The fee for this conversion and inspection shall be established by City Council resolution. This fee can be reduced if the owner engages the services of a management company or presents proof of participation in an applicable education program. The conversion fee is in addition to the annual license fee. Buildings that are owned by a nonprofit entity or are newly constructed are exempt from the conversion fee. Subd. 5 4. Issuance of License: The Community Development Department shall issue a rental dwelling license if the building is found to be in compliance with the provisions of this Chapter 1012, Chapter 1005 of this Code, and the applicable requirements of Minnesota Statutes, 299F, as amended, provided however,that all real estate taxes and utility bills for the premises which are due have been paid. a. The license shall state that the rental dwelling has been inspected and complies with the requirements of this Chapter and Title 1000, Chapter 1005, Housing Code. Additionally, the license shall contain contact information for maintenance and management requests and a statement that tenants of the rental dwelling may contact the attorney general for information regarding the rights and obligations of the owners and tenants under state law. The statement shall include the telephone number and address of the attorney general. b. The following minimum standards and conditions shall be met in order to hold a rental dwelling license under this Chapter. Failure to comply with any of these standards and conditions shall be adequate grounds for the denial, refusal to renew, revocation, or suspension of a rental dwelling license. (1) The licensee or applicant has paid the required license fees. (2) Rental dwelling units shall not exceed the maximum number of dwelling units permitted by the zoning code. (3) An owner shall not have any violations of Minnesota Rule 1300.0120, subpart 1, related to building permits, at any rental dwelling which it owns or has an ownership interest. Ordinance 915 Page 5 (4) Failure to complete required corrections to maintain the property in compliance with Chapter 1001 (Building Code), Chapter 1002 (Fire Code), and Chapter 1005 (Housing Code) of the City Code and the applicable requirements of Minnesota Statutes, Chapter 299F. (5) All tenants must sign a lease agreement, except for state or county licensed residential facilities, subject to all preemptory state and federal laws. The lease agreement shall contain a Crime Free Housing Addendum with the following language: a. Resident, any members of the resident's household, or a guest or other person affiliated with the resident, shall not engage in criminal activity, including drug related criminal activity, on or near the premises. b. Resident, any members of a resident's household, or a guest or other person affiliated with resident, shall not engage in any act intended to facilitate criminal activity, including drug related criminal activity, on or near the premises. c. Resident or member of the household will not permit the dwelling unit to be used for or to facilitate criminal activity, including drug related criminal activity, regardless of whether the individual engaging in the criminal activity is a member of the household or guest. d. Resident, any members of the resident's household, or a guest or other person affiliated with the resident, shall not engage in the unlawful manufacturing, selling, using, storing, keeping, or giving of a controlled substance at any locations, whether on or near the premises or otherwise. e. Violation of the above provisions shall be material and irreparable violation of the lease and good cause for immediate termination of tenancy. f. Non-exclusive remedies. The Crime Free Housing Addendum language is in addition to all other terms of the lease and does not limit or replace any other provisions. g. Upon determination by the Police Department or the Community Development Department that a licensed premises or a unit within a licensed premises was used in violation of the Crime Free Housing Addendum, the Police Department or Community Development Department shall notify the owner and property manager of the violation. The owner or property manager shall notify the tenant(s) within ten (10) days of the notice of violation of the Crime Free Housing Addendum language and proceed with the termination of tenancy of all tenants occupying the unit. The owner shall not enter into a new lease with the evicted tenant for a period of one year after the eviction. If the owner or property manager fails to comply with this section,the Community Ordinance 915 Page 6 Development Department may initiate action to deny, revoke, suspend, or not renew the license as outlined in Section 1012.05, Subd. 1(e) Subd. 6 5. Posting: Every licensee shall make available the receipted copy of the license in the following manner: a. Buildings with four (4) or more dwelling units: The license shall be conspicuously posted, in a frame with a glass covering in a public corridor, hallway or lobby of the multiple dwelling for which it is issued. b. Buildings with three (3) or less dwelling units shall provide a copy of the receipted rental license to prospective tenants at the time of lease signing for the subject property. Subd. 7 6. Annual Renewal of License: The term of the rental dwelling license is twelve (12) months and expires on September 30th of each year. Subd. 8 7. Transfer of Registration: A license is transferable to any person who has actually acquired legal ownership of a licensed building for the unexpired portion of the term for which it was issued or reissued. The licensee must give written notice to the Community Development Department within five (5) business days after having legally transferred or otherwise disposed of the legal control of any licensed rental dwelling. Such notice must include the name and address of the person succeeding to the ownership or control of such rental dwelling or dwellings. The fee for transfer of a multiple rental dwelling license shall be established by City Council resolution. Subd. 9$. No license is transferrable during the pendency of a notice of violation issued pursuant to Chapter 1005 of the City Code. SECTION 3. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1012, Section 1012.05, Subd. 1, of the Mounds View Municipal Code by adding the underlined material and deleting the stricken material as follows: 1012.05: CONDUCT ON LICENSED PREMISES: Subd. 1. Conduct on Licensed Premises: It shall be the responsibility of the licensee to see that persons occupying the licensed premises conduct themselves in such a manner as not to cause the premises to be disorderly. a. For purposes of this Subdivision, a premises is disorderly when any of the following activities occur: (1) Violation of Title 700, Chapter 702, Section 702.01, Subdivision 13h of the City Code (Crimes Against Public Safety and Health) or violation of laws relating to possession of controlled substances as defined in Minnesota Statutes. Ordinance 915 Page 7 (2) Violation of Title 700, Chapter 702, Section 702.01, Subdivision 14 of the City Code (Public Misconduct or Nuisance) or violation of laws relating to disorderly conduct as defined in Minnesota Statutes, Sections 609.72 and 609.74. (3) Violation of Title 500, Chapter 501, Section 501.02, Subdivision 1 and Section 501.02, Subdivision 2 of the City Code (General Liquor Provisions) or violation of laws relating to possession, sale, or consumption of liquor or alcoholic beverages. (4) Violation of laws relating to gambling. (5) Violation of Mounds View Ordinances or Minnesota Statutes relating to prostitution. (6) Violation of Title 700, Chapter 702, Section 702.01, Subdivision 13b(2) of the City Code (Dangerous Weapons) or violation of laws relating to unlawful use or possession of a firearm. (7) Violation of Minnesota Statutes, Section 609.705 (Unlawful Assembly). (8) Violation of Minnesota Statutes, Section 609.71 (Riot). (9) Violation of Minnesota Statutes, Section 609.713 (Terroristic Threat). (10) Violation of Minnesota Statutes, Section 609.715 (Presence at Unlawful Assembly). (11) Violation of Mounds View Ordinance 607.08 (Loud or unnecessary noises). (12) Violation of Minnesota Statutes, Section 609.50 (Interference with a police officer). (13) Violation of Minnesota Statutes, Sections 609.221-2224 relating to assault. (14) Violation of Minnesota Statutes, Section 609.226 (Dangerous Dogs). (15)Violation of Minnesota Statutes, Section 609.78 (Interference with a 911 Call). (16) Violation of Minnesota Statutes, Section 243.166 (Predatory Offender Registration. (17) Violation of Minnesota Statutes, Section 609.26 Subd. 1(8) (Contributing to a child being a runaway). (18) Violation of Minnesota Statutes, Section 609.595 (Criminal damage to property). Ordinance 915 Page 8 b. The Police Department and Community Development Department shall be responsible for enforcement and administration of this Subdivision. c. Upon determination by the Police Department that a licensed premises was used in a disorderly manner, as described in Section 1012.05, Subdivision la, the Police Department shall cause notice to be made to the licensee of the violation and direct the licensee to take steps to prevent further violations. d. If a second instance of disorderly use of the licensed premises occurs within three (3) twelve (12) months of an incident for which a notice in Subdivision 9c, was given, the Police Department shall notify the licensee of the violation and shall also require the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use of the premises. This written report shall be submitted to the Police Department within five (5) days of the receipt of the notice of disorderly use of the premises and shall detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding three (3)twelve (12)months. e. If a third instance of disorderly use of the licensed premises occurs within three (3) twelve (12) months after any two (2) previous instances of disorderly use for which notices were given to the licensee pursuant to Section 1012.05, Subdivision 1, the license for the premises may be denied, revoked, suspended, or not renewed. Any action to deny, revoke, suspend, or not renew a license shall be initiated by the Police Department or Community Development Department who shall give to the licensee written notice of a hearing before the City Council to consider such denial, revocation, suspension or non- renewal. Such written notice shall specify all violations of this subdivision, and shall state the date, time, place and purpose of the hearing. The hearing shall be held no less than ten (10) days and no more than thirty (30) days after giving such notice. Following the hearing, the City Council may deny, revoke, suspend or decline to renew the license for all or any part or parts of the licensed premises or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this subdivision. (1) For the purposes of this subdivision, second and third instances of disorderly use shall be those which occur at the same rental unit, involve tenants at the same rental unit, involve guests or invitees at the same rental unit, involve guests or invitees of the same tenant, or involve the same tenant. f. A determination that the licensed premises has been used in a disorderly manner as described in Section 1012.05, Subdivision 1 shall be made upon substantial evidence to support such a determination. It shall not be necessary that criminal charges be brought in order to support a determination of disorderly use, nor shall the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this subdivision. Ordinance 915 Page 9 g. No adverse license action shall be imposed where the instance of disorderly use of the premises occurred during the pendency of an eviction action or within thirty(30) days of notice given by the licensee to a tenant to vacate the premises where the disorderly use was related to conduct by that tenant or by occupants or guests of the tenants unit. (1) Exceptions: Eviction proceedings do not preclude license suspension or revocation unless the eviction proceedings are being diligently pursued by the licensee. Further, an action to deny, revoke, suspend or not renew a license based upon violations of this subdivision may be postponed or discontinued by the City at any time if it appears that the licensee has taken appropriate measures that will prevent further instances of disorderly use. h. All notices given by the City under this Subdivision shall be personally served on the licensee, sent by certified mail to the licensee's last known address or, if the last known address is unknown or personal service is ineffective,by posting on a conspicuous place on the licensed premises. i. Enforcement actions provided in this Subdivision shall not be exclusive, and the City Council may take any action with respect to a licensee, a tenant, or the licensed premises as is authorized by the City Code, state or federal law. SECTION 4. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1012, Section 1012.06, of the Mounds View Municipal Code by adding the underlined material and deleting the stricken material as follows: 1012.06: INSPECTIONS: Subd. 1. Inspections: The Enforcement Officer shall be authorized to make or cause to be made inspections to determine the condition of licensed premises in order to safeguard the health, safety, morals and welfare of the public. The Enforcement Officer, or authorized representatives, shall be authorized to enter any licensed premises at any reasonable time for the purpose of performing the officer's duties under this Chapter. The owner, operator or the local agent of the licensed premises shall be present for inspections and shall give the Enforcement Officer free access to such licensed premises at all reasonable times for the purpose of such inspection, examination and survey. If the owner, operator or person in charge thereof shall refuse to consent to the inspection, the license may be suspended, revoked, denied or non-renewed pursuant to Section 1012.05, Subdivision 2 of this Chapter. If the occupant refuses to consent to the inspection, a search warrant may be obtained where there is probable cause to believe that a violation exists within the particular structure. No warrant is needed for entry where an emergency condition exists which endangers persons or property and insufficient time is available to obtain a warrant and protect such endangered persons or property. Ordinance 915 Page 10 SECTION 5. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1012, Section 1012.08, of the Mounds View Municipal Code by adding the underlined material and deleting the stricken material as follows: 1012.08: Crime Free Rental Housing Program Voluntary Certification: The City has established a voluntary program providing property owners and managers an opportunity to learn, train, and work hand in hand with law enforcement as well as the Community Development Department to ensure that the City of Mounds View rental housing stock maintains a crime and drug free environment. Based on the desired level of certification requested by the property and the completion of the requirements for each level, the license fee can be reduced as follows. Subd. 1. Level "C" Certification (20%reduction in license fees): a. Property owner or a designated representative shall attend three or more meetings of the New Brighton/Mounds View Property Managers' Coalition meetings per year. b. Licensee or applicant shall have paid the required license fee in a timely manner, as defined in the Mounds View City Code. c. No buildings shall exceed the maximum number of dwelling units allowed in that zoning district as set by the Mounds View Zoning Code. d. The owner shall not allow weeds, vegetation,junk, debris, or rubbish to accumulate repeatedly on the exterior of the premises so as to create a nuisance condition under Chapter 607 of the City Code. Issuance of three or more Notices of Violation during the previous licensing period regarding violations of Chapter 607 of the City Code is to be used as a basis for determination of compliance with of this requirement. e. The Crime-Free/Drug-Free Addendum shall be issued with every lease/tenant. Subd. 2. Level "B" Certification shall include all of the requirements of Level "C" certification plus following(33%reduction in license fees): a. The property owner or designated representative shall attend four or more meetings of the New Brighton/Mounds View Property Managers' Coalition meetings per year. b. Property shall not cause additional inspections other than one annual inspection and one follow-up inspection. c. The property owner or designated representative shall attend and complete a one-day (8 hour)training course as prescribed by the International Crime Free Association; Crime Free Multi Housing Program. The information contained in the seminar is a compilation of experience and proven methods from professional rental property managers, lawyers, and police officers. Evidence of completion of this course shall be provided in the form of a certificate of completion. Certificate shall be dated within the past five years. Ordinance 915 Page 11 d. Property owner shall complete criminal background investigations which cover the seven-county metro area going back at least three years on all rental applicants who will be occupying the premises. Rental applicants must apply in person and show valid ID. Criminal background investigations shall be conducted by an agency that is approved by the City. Subd. 3. Level "A" Certification shall include all of the requirements of"B"certification plus the following(50%reduction in license fees): a. Property owner shall complete criminal background investigations which cover the entire state of Minnesota going back at least three years on all rental applicants who will be occupying the premises. Rental applicants must apply in person and show valid ID. If the tenant has resided in another state in the last three years, background check must cover the last three years of residence in that state. Criminal background investigations shall be conducted by an agency that is approved by the City. b. The property owner or designated representative shall attend five or more meetings of the New Brighton/Mounds View Property Managers' Coalition meetings per year. c. Crime Free Security Assessment: The property must be Certified as "Crime Free Multi Housing" as defined by the International Crime Free Association., Crime Free Multi Housing Program. Subd. 4. Exclusion From Penalties: The Crime Free Rental Housing Program is Voluntary therefore is excluded from the Penalties outlined in the following Section 1012.09. SECTION 6. The City Council of the City of Mounds View hereby amends Title 1000, Chapter 1012, Section 1012.09, of the Mounds View Municipal Code by adding the underlined material as follows: 1012.09: VIOLATION AND PENALTIES: Subd. 1. Violation and Penalties: Any violation of any provision of this Chapter shall constitute a misdemeanor. Each day the rental dwelling or premise is in violation of this Chapter shall be deemed a separate offense. In addition to the punishment specified in this subdivision, the City may enforce this Code by an appropriate form of civil action and may enjoin violation of this Chapter and compel obedience thereto by mandatory orders and writs that cause the premises to be vacated, if occupied in violation thereof, and to remain vacant until the court shall find that the violation has ceased, and for these purposes, any court of competent jurisdiction may render, enter, make and issue any and every appropriate judgment, decree, writ and order and cause the same to be executed. Ordinance 915 Page 12 SECTION 7. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On June 13, 2016, the City Council adopted Ordinance 915 that amends Chapter 1012 of the Mounds View City Code relating to Rental Dwelling Licenses. The revisions add clarification to the "exceptions" provisions, the license fees and the conversion fees; and provides additional information on potential license fee reductions available through voluntary participation in the City's Crime Free Rental Housing Program. Additional clauses have been added regarding disorderly conduct on licensed premises. Finally, the time period for which disorderly conduct on licensed premises is reviewed has increased from three months to one year. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available on line at the City's web site located at www.ci.mounds-view.mn.us. SECTION 8. This ordinance shall take effect and be in force 30 days from and after its passage and publication,in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on May 23,2016. Second Reading and Adoption by the Mounds View City Council on June 13,2016. Publication Date: June 24, 2016. e Flaherty, Mayr Attest: James Ericson City Administrator (seal)