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HomeMy WebLinkAboutOrdinance 802ORDINANCE NO. 802 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 1000, CHAPTER 1012 OF THE MOUNDS VIEW MUNICIPAL CODE, PERTAINING TO RENTAL DWELLINGS The City of Mounds View ordains: SECTION 1. Chapter 1012, "Multiple Dwelling License" of the Mounds View Municipal Code is hereby amended with the proposed additions underlined and the deletions strE~c-4~~~,t-to read as follows: CHAPTER 1012 e Rental Dwelling License SECTION: i (li 7 nA • \/inl~~inn ~nr! Dnnnl+iac 1012.01: Purpose and Intent 1012.02: Definitions 1012.03: Licensing Provisions 1012.04: Disclosure of Responsible Party for Rental Dwellings 1012.05: Conduct on Licensed Premises 1012.06: Inspections 1012.07: Rooming Houses 1012.08: Violation and Penalties SECTION 2. Chapter 1012, Section 1012.02, "Licensing Provisions" of the Mounds View Municipal Code is hereby deleted with a new Section 1012.03 "Definitions" inserted and language underlined to read as follows: 1012.02: Definitions: Page ] Subd. 1. Dwelling, Single-Family: A building or portion thereof containing one dwelling unit. For the purposes of this Chapter, a single family dwelling unit includes a free standing single family residence, a single dwelling in a cooperative, an individual condominium or townhouse, a single dwelling unit in a non-residential structure or a dwelling unit offered for rent in a duplex in which the owner occupies the other dwelling unit. Subd. 2. Dwelling, Two-Family: A building or portion thereof containing two dwelling units and designed exclusively for occupancy by two families living independently of each other. Subd. 3. Dwelling, Multiple: A building or portion thereof containing two (2) or more dweltinq units exclusively for occupancy by two (2) or more families living independently of each other. Subd. 4. Dwelling Unit: Residential accommodation in any building or portion thereof including complete kitchen facilities, permanently installed, that contains living facilities, provisions for sleeping, eating, cooking, and sanitation, for not more than one (1) family and not more than an aggregate of two (2) roomers or boarders. Subd. 5. Rental Dwelling: Any residential accommodation in any building or portion thereof containing dweltinq units and offered for occupancy in exchange for monetary payment, service, property, or other valuable consideration. Subd. 6. Rental Dwelling Unit: Residential accommodation in any building or portion thereof including complete kitchen facilities, permanently installed, that contains living facilities, provisions for sleeping, eating, cooking, and sanitation, and offered for occupancy in exchange for monetary payment. Subd. 7. Rooming House: Anv residence building containing one (1) or more rooming units in which space is let by the owner or operator to persons who are not related to the owner by blood or marriage. Subd. 8. Rooming Unit: Anv room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping that does not contain permanently installed provisions for cooking. SECTION 3. Chapter 1012, Section 1012.02, "Licensing Provisions", is hereby amended with the proposed additions underlined and the deletions str~sl~-eat-to read as follows: X9-1 ~-9~ 1012.03: LICENSING PROVISIONS: Subd. 1. License Required: No person shall allow to be occupied or let to another for occupancy any rental dweltinq unit unless the owner has Page 2 first obtained a rental dwelling license. ron+~1 r1~e,ouir,n ~~n,f~ in m~ ilfir~lo n fnr inh m~ it+inl~ i-l~einllinrv linnnc•o hoc rent hoon r~~r~~N~l Frlcj-~-vT crrrr~--rrv 9r~T i thn (~nmm~~rii~~i fl~~ rim°ncnl v ri~monf All rnc•irlnntiu ~,~~r~P I I i~~,~ c• h •+ 1 I~n~~~erl ~ m i n 14 i r~ I o r'1 ~ ~~ n I iiTr~ dtit~~Y~tt 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. b. Exceptions: A rental dwelling license is not required for residences occupied by the owner where no more than two sleeping rooms are rented and the renters have access to the entire residence, or for residences occupied only by the owner's children or parents. Subd. 2. Application for rental dwelling license: Before any license required by this ordinance 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. fey-r~ew ~~ - b. Applications shall be signed and submitted by the owner of a t+~e dwe4l+r~c}-rental dwelling if the owner is a natural personi if the owner is a corporation, by an officer thereofi 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. Regular license applications shall include the following information: Page 3 /il\ Alamo ~nrl c+reo4 ~i-l~Jrooc~ of III r»rFnorc if +horor.ic~+r~+r~+ is ~± T.~u ~~~ (1) Legal address of the rental dwelling (2) Number and type of units rented. Page 4 (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) Name and street address of the vendee if the rental dwelling is being sold on a contract for deed. (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 name and address of the corporation, and the name of the chief operating officer. (9) If the owner has appointed 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 aaent 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 loci ~_c~t= Page 5 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 change. Subd. 3. License Fees: An annual fee, established by City Council resolution, shall be paid thirty (30) days prior to the license expiration date. Effective January 1, 2005 the license fee will be reduced according to the following certification levels: Level "C" certification: 20% reduction; Level "B" certification: 33% reduction; Level "A" certification: 50% reduction. Certification in the aforementioned levels is voluntary and shall be pursued by the licensee on forms provided by the City. Any owner or an agent who fails to apply for license renewal in the case of an existing license, prior to the time or date set forth herein shall pay a fee double that required herein. (1988 Code .93.15) The license fee shall include the initial inspection and one 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. Operation of an unlicensed rental dwelling unit shall be subject to an additional administrative fine, established by City Council resolution. Subd. 4. Issuance of license: The Community Development Department shall issue a +a+~le rental dwelling license if the building is found to be in compliance with the provisions of this Chapter, Chapter 1005 of this code, and the applicable requirements of Minnesota Statute 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 ~~Iti~~e 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 ride 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. Page 6 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 anv 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 have 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 anv violations of Minnesota Rule 1300.0120, subpart 1, related to building permits, at any rental dwelling which it owns or has an ownership interest. (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 Statute Chapter 299F. Subd. 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. 6. Annual renewal of license: . The term of the rental dwelling license is twelve (12) months and expires on September 30' of each year. Subd. 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. ;~:Qed~f~a+~;~^Ea~~~Q-#~an~fc~uc" Page 7 ~}~,nl nhnnrvn of I~I~T~~in nnrl }ha }rnncf~oo ic• nn4 rJicn~~nlifiorJ ~~l~n Yl~j~yy~~~rmirln}n ~ ~r,nn fnil~ ern }n nnnl„ fnr i}~. }r~ncfor r, rinr }n GGT7 1,4..a', .The fee for transfer of a multiple dwelling license shall be established by City Council resolution. Subd 8. No license is transferrable during the pendency of a notice of violation issued pursuant to Chapter 1005 of City Code. SECTION 4. Chapter 1012, Section 1012.02, "Licensing Provisions", is hereby amended with the proposed additions underlined and the deletions s~s4~--e~+t-to read as follows: 1012.04 Disclosure of Local Agent for Rental Dwellings: If the registered owner is not the person or entity authorized to manage the building and collect rents on behalf of the owner, or if the registered owner is not the local agent, then in addition to posting the rental dwelling license as required by Section 1012.03 Subd. 5, the owner in whom is vested either a legal or beneficial interest in the premises shall post a typewritten or printed notification, resistant to weather and other elements, in a conspicuous place at or near the front door, containing the following information: Subd. 1. The name, street address, city and zip code of the person or entity authorized to manage the building and collect rent. Subd. 2. The name street address, city and zip code of the local agent authorized to accept service of process and give receipt for notice and demands. Subd. 3. The information in Subdivision 1 and 2 of this Section plus a telephone number for twenty-four-hour maintenance shall be made available to the tenant in written form at the commencement of the tenancy. SECTION 5. Chapter 1012, Section 1012.02, "Licensing Provisions", is hereby amended with the proposed additions underlined and the deletions ~truc-k-~{rt-to read as follows: 1012.05 Conduct on Licensed Premises 5~~~-~ 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. Page 8 a. For purposes of this Subdivision, a premises is disorderly at-v~f~l~ when any of the following activities occur: (1) Violation of Title 700, Chapter 702, Section 702.01 Subd. 13 h 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. (2) Violation of Title 700, Chapter 702, Section 702.01 Subd. 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 Subd. 1 and 501.02 Subd. 2 of the City Code (General Liquor Provisions) or violation of laws relating to the possession, sale or consumption of liquor or alcoholic beverages as defined in Minnesota Statutes. (4) Violation of laws relating to gambling. (5) Violation of Mounds View Ordinances or Mate Minnesota Statutes relating to prostitution. (6) Violation of Title 700, Chapter 702, Section 702.01 Subd. 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 Statute 609.705 (Unlawful Assembly). (8) Violation of Minnesota Statutes 609.71 (Riot). (9) Violation of Minnesota Statutes 609.713 (Terroristic Threat). (10) Violation of Minnesota Statutes 609.715 (Presence at Unlawful Assembly) b. The Police Department and Community Development Department shall be responsible for enforcement and administration of this Subdivision. Page 9 c. Upon determination by the Police Department that a licensed premises was used in a disorderly manner, as described in S~dfvi~+on~a Section 1012.05 Subdivision 1 a.., 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) 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) months. e. If a third instance of disorderly use of the licensed premises occurs within three (3) months after any two previous instances of disorderly use for which notices were given to the licensee pursuant to th+s--~ubd+v+si~ Section 1012.05 Subdivison 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 a+~ 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 hie has been used in a disorderly manner as described in S~il~~#-~a. Section 1012.05 Subdivison a. 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. Page 10 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 revoceation unless the eviction proceedings are being diligently pursued by the licensee _~.r~~~,~thro~i r+ro ~-lilirvor~ll~i r~i ~rci ~orl h~~ ~h~ k~~ee. Further, an action to deny, revoke, suspend or not renew a license based upon violations of this Subdivision may be postponed or discontinued 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. ~fk~cl-g. Subd. 2. License suspension, revocation, denial and non-renewal: The City Council may suspend, revoke, deny, or not renew any license issued under this Chapter upon any of the following grounds: a. False statements on any application or other information or report required by this Chapter tc~-be g+v2n and supplied by the applicant or licensee. b. Failure to pay any license fee, penalty, reinspection or reinstatement fee required by this Chapter and City Council resolution. c. Failure to correct deficiencies noted in a notice of violation, issued pursuant to Chapter 1005 of this code, within the time specified in the notice. d. Any other violation of this Chapter e. A decision to suspend, revoke, deny or not renew a license shall be preceded by written notice to the applicant or licensee of the alleged grounds Page 11 therefore and the applicant or licensee will be given the opportunity for a hearing before the City Council before final action to suspend, revoke, deny, or not renew a license. The Council shall give due regard to the frequency and seriousness of violations, the ease with which such violations could have been remedied or avoided, and good faith efforts to comply and shall issue a decision to suspend, revoke, deny or not renew a license only upon written findings. f. The City Council may suspend, revoke, deny or not renew a license for part or all of a #ae-+t+ty rental dwelling. g. Upon decision to suspend, revoke, deny or not renew a license, no new application for the same facility will be accepted for a period specified in the Council's written decision, not exceeding one year. Such new applications must be accompanied by a reinstatement fee, as established by City Council Resolution, in addition to all other fees required by this Chapter. h. A written decision to suspend, revoke, 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 rental units becoming vacant in such part or parts of the facility may be relet or occupied. Suspension, revocation, denial or non-renewal of a license shall not excuse the owner from compliance with all terms of this Chapter for as long as any units in the facility are occupied. Failure to comply with all terms of this Chapter during the term of such suspension, revocation, denial or non-renewal is a misdemeanor and grounds for extension of the term of such suspension, revocation, denial or continuation of non-renewal, or for a decision not to reinstate the license, notwithstanding any limitations of the period of suspension, revocation, denial or non-renewal specified in the City Council's written decision. SECTION 6. Chapter 1012, Section 1012.03, "Inspections", is hereby amended with the proposed additions underlined and the deletions ~; ~ ~-a~~~G~to read as follows: ' n'~o-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 persc~fr~-~~a~ge local agent of the licensed premises 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 Page 12 thereof shall refuse to consent to the inspection, the license may be suspended, revoked, denied or non-renewed pursuant to Secti~ ' n-Tom;-x:02 S~.~b~l+~ision-9 Section 1012.05 Subdivison 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. SECTION 7. Chapter 1012 is hereby amended by the creation of a newly created Section 1012.07, "Rooming Houses", with language underlined to read as follows: 1012.07: ROOMING HOUSES: No person shall own or operate a rooming house or shall occupy or let to another for occupancy any rooming unit in any rooming house, except in compliance with the provisions of every subdivision of this Section. Subd. 1. Water Closet, Hand Lavatory and Bath Facilities: a. At least one (1) water closet, lavatory basin and bathtub or shower shall be supplied for each two (2) rooming units within a rooming house, wherever said facilities are shared. b. Every water closet. lavatory basin and bathtub or shower required by Subdivision 1a. shall be located within the rooming house and within rooms which afford privacy and are separate from the habitable rooms and are accessible from a common hall without going outside the rooming house structure. Subd. 2. Shades, Drapes, Etc: Every window of every rooming unit shall be supplied with shades, drawn drapes or other devices or materials which, when properly installed and used afford privacy to the occupant of the rooming unit. Subd. 3. Sanitary Maintenance: The owner of every rooming house shall be responsible for the sanitary maintenance of all walls, floors, and ceiling in common areas. SECTION 8. Chapter 1012 is hereby amended by the creation of a newly created Section 1012.08, "Violations and Penalties" with language underlined to read as follows: 1012.08: VIOLATION AND PENALTIES: Page 13 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. SECTION 9. 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 January 28, 2008 Second Reading and Adoption by the Mounds View City Council on February 25, 2008. Published on March 5, 2008. ~ ~.,~ . L.,c , ~ Rob Marty, Mayor ATTEST: Jim Ericson, Interim City Clerk Administrator (S~:A! ) Page 14 ORDINANCE SUMMARY ORDINANCE NO. 802 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 1000, CHAPTER 1012 OF THE MOUNDS VIEW MUNICIPAL CODE, PERTAINING TO RENTAL DWELLINGS On February 25, 2008, the Mounds View City Council adopted an ordinance which requires owners of residential rental dwellings to obtain a rental dwelling license. Ordinance 802 prohibits owners of residential rental dwellings from offering for rent residential rental dwellings where no rental dwelling license has first been obtained. Existing language required owners of rental dwellings with two or more dwelling units to obtain a multiple dwelling license. Ordinance 802 expands this requirement to include rented single-family dwellings, rented condominiums, rented townhouses, and rented leasehold cooperative dwelling units. The ordinance is on file and available for public viewing at the office of the Clerk Administrator. The ordinance is posted in its entirety on the City's website, located at www.ci.mounds-view.mn.us. James Ericson, Interim Clerk-Administrator