Subd. 1. Purpose. The purpose of this chapter is to protect the public health, safety, and welfare of the community at large, and the residents of residential properties in the city. The purpose of this chapter is also to ensure that rental housing in the city is decent, safe, and sanitary and is so operated and maintained as not to become a nuisance to the neighborhood or an influence that fosters blight and deterioration, or does not create a disincentive to reinvest in the community. The operation of residential rental properties is a business enterprise that entails certain responsibilities. Owners and operators are responsible for taking such reasonable steps as are necessary to ensure that the citizens of the city who occupy such rental properties may pursue the quiet enjoyment of the normal activities of life in their surroundings that are: safe, secure and sanitary; free from noise, nuisances or annoyances; and free from conditions that endanger the health or safety of persons, and the security of property.
Subd. 2. Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A. APARTMENT BUILDING. A multi-family building containing dwelling units having common walls and floor/ceilings.
B. APPLICANT. The natural person completing the registration form prescribed herein.
C. CALENDAR YEAR. January 1-December 31.
D. DWELLING UNIT. A single unit providing a living space delineated by partitions of any kind for one or more persons.
E. MANDATORY EDUCATIONAL PROGRAM. Session offered by Building Code Division, APD, AFD and HRA and other agencies or groups as needed with approval of the Planning and Zoning Administrator.
F. MULTIPLE RESIDENTIAL BUILDING. A building with any dwelling joined to another dwelling at one or more sides by a party wall or walls, including apartments, townhomes, twinhomes, duplexes or quadhomes.
G. NATURAL PERSON. A human being; an individual that is not a legal person, i.e., corporation or other entity.
H. RENTAL MANAGER. Any natural person or agency who has been delegated by the residential rental property owner the charge, care or control of a residential rental property, and is able to respond in person to issues related to the residential property.
I. RESIDENTIAL RENTAL PROPERTY. A dwelling unit or sleeping room occupied and/or leased by a tenant.
J. RESIDENTIAL RENTAL PROPERTY OWNER. Any person or entity owning residential rental property within the city.
K. RESIDENTIAL TENANT. A person who does not own, but occupies a dwelling unit for residential purposes, for payment of a fee or other compensation to the owner, under a lease or contract, written or verbal.
L. SLEEPING ROOM. Any room or rooms used or intended to be used by a tenant for sleeping purposes with or without meals and not licensed by the Minnesota Department of Health.
Subd. 3. Applicability; Scope.
A. This chapter applies to any dwelling, and any dwelling unit therein, that is a residential rental property as defined herein, including garages, storage buildings and appurtenances. This chapter does not apply to Minnesota Department of Health-licensed rest homes, convalescent care facilities, group homes and nursing homes; hotels, motels; and owner-occupied units or condominium units.
Subd. 4. Rental Manager Required.
A. Each residential property owner shall appoint a rental manager upon whom the city may lawfully serve notices pertaining to the administration of this or any other chapter of the city code or state or federal law, service of which shall be as effective as if made upon such residential rental property owner.
B. The residential rental property owner may serve as the rental manager, provided all requirements of a rental manager prescribed within this chapter are met by the residential rental property owner.
C. Residential Rental Property Owner or manager shall reside within a one-hour drive from the residential rental property.
Subd. 5. Registration.
A. All residential rental properties shall be registered with the city by either the residential rental property owner or rental manager at a date no later than June 30, 2015 or within 30 days of property being under new ownership or management. Registration of each residential rental property shall be made on a separate form provided by the city, and shall include but not be limited to the following information:
1. The name, address and telephone number of the residential rental property owner and rental manager(s);
2. The name, address and telephone number of the natural person completing the registration form;
3. The address of the residential rental property. In the case of an apartment building, the applicant shall provide the address and name for the building, as well as the number of dwelling units contained therein;
4. Whether or not the residential property owner or rental manager conducts a criminal background check on each and every residential tenant;
5. Whether a written lease exists for the residential rental property and each unit dwelling thereon.
B. Upon completion of the registration form and the mandatory educational session, the city shall issue to the registrant a certificate of registration as proof of the registration. Certificates of registration shall be non-transferable and state the following: the date of issuance; the address of the residential rental property and the name, if an apartment building, of the residential rental property owner; the name(s) of the rental manager(s); and the number of dwelling units located within the residential rental property. Within 30 days of a transfer of ownership, change in rental manager, change in the number of rental units, or change in dwelling occupancy from owner occupancy to rental tenant occupancy, the residential rental property owner or rental manager shall complete and submit a registration form for each and every residential rental property affected by the transfer or change.
C. Upon registration, the city shall provide optional lease addendums commonly known as the “Drug Free/Crime Free Lease Addendum” and the “Good Neighbor Policy Addendum.”
D. Renewal of registration shall be required every three years and may be issued on a calendar year basis prior to January 1 of each successive registration period. The city will mail registration forms to rental unit owners or their designated rental managers. Registration forms must be delivered to the city, according to the place and time noted in the form. Failure of the city to mail forms and failure of owners or rental managers to receive a form, does not excuse or waive the registration required by this section.
Subd. 6. Registration Fees.
A. No fee shall be charged for registration except as may be determined each year as set forth in the resolution adopted by the City Council establishing license and miscellaneous operational fees. If a fee is adopted, the registration fee shall be paid at the time any registration form is submitted to the city.
Subd. 7. Enforcement.
A. The department shall enforce this section and administer registrations.
(Ord. 624, passed 12-30-14)