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:
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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
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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
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(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
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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
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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