(A) No person shall occupy, allow to be occupied, or let to another for occupancy any rental property in the city for which a license has not been properly issued by the Compliance Officer. No rental property shall be issued a license by the city unless it complies with the ordinances of the city and the statutes of the state, which pertain to such properties. A rental dwelling unit solely occupied by the owner is exempt from this requirement.
(B) The rental of a lot, where the occupant owns the manufactured home, is not subject to this chapter.
(1) License fee. The City Council may establish a licensing fee schedule for each dwelling unit or sleeping room in each rental property. The schedule may include a separate fee for licenses, inspections, and delinquencies. Said license fees shall be payable at the time of application for licensing or renewal of a license and shall be a prerequisite to the issuance of the required license. Once issued, a licensee shall not be entitled to a refund on any license fee upon suspension or revocation.
(a) Rental property which is licensed as a “curing home” (nursing home) or a “boarding establishment” by the State Department of Health pursuant to M.S. Ch. 157, as it shall be amended from time to time, shall be exempt from the registration fee required under this section. This exception shall not apply if no services are provided to the tenants, or the services are incidental to, or independent of, the landlord/tenant relationship.
(b) If the license fee required hereunder is paid after expiration date of current license, penalties shall be imposed as established by the licensing fee schedule.
(c) All licenses shall expire on July 31, on the second calendar year after the license was issued, regardless of the date of issuance. The application for any renewal of a license in which an inspection is required shall be filed at least 60 days prior to expiration. For cause, the Compliance Officer may waive the application deadline for an applicant.
(d) If an applicant for a license renewal is delinquent or applies for renewal less than 30 days before a license expires, the license fee is doubled due to the increased administrative costs and enforcement costs.
(2) Manner of application. The license application shall be made by the owner, if such owner is a natural person; if the owner is a corporation, cooperative, or limited liability company, by an officer thereof; if a partnership, by one of the partners; and if an unincorporated association, by the manager or managing officer thereof, on the appropriate form available from the Compliance Officer.
(3) License application.
(a) Name, residence address, and phone number of the owner of any rental property, or property manager authorized by the owner to accept service of process and to receive and give receipt for notices. In cases where the owner of any rental property lives outside the city, the license application shall be made by an agent who shall be legally responsible for compliance with this and other city ordinances. Such agent shall live within the state;
(b) Name, address, and phone number of any agent actively managing the rental property;
(c) Street address of the rental property;
(d) Tax parcel number of the rental property or manufactured home park in which the rental property is located;
(e) Number and description of units within the rental property (dwelling units, manufactured homes, or sleeping rooms), including square footage of each room in unit;
(f) Name, address, and phone number of the person authorized to make or order repairs and/or service to the rental property, to provide required services necessary to protect the health, safety, and welfare of the occupants, or are able to contact the person so authorized; and
(g) Maximum number of people permitted per dwelling unit, manufactured home, rooming house, or sleeping room pursuant to § 153.04(D)(7).
(4) Inspection.
(a) All rental units will be subject to a biennial inspection conducted by the Compliance Officer, or his or her authorized representative, prior to issuance of the license. The Compliance Officer may grant a license contingent on an inspection being completed within 30 days, if all other requirements, including payment of the license fees, are met. After 30 days, the license shall expire unless the Compliance Officer has certified the required inspection. All inspections shall be completed on or before July 31 of the year required. The owner of the rental property, or their authorized agent, who is not the tenant, shall be present at the inspection to ensure compliance with city ordinances and state statutes. It is the owner of the rental property’s responsibility to notify tenants of planned inspections. The owner or authorized agent shall sign and acknowledge any violation(s) that require remedy. The owner of the rental property shall remedy any violation(s) before any rental license is issued or renewed.
(b) Failure to comply with the inspection process by the owner of the rental property will result in suspension or revocation of license, in addition to other remedies and/or penalties provided by city ordinance and state statute. Any such suspension or revocation shall continue until the inspection process is complete, any violations are remedied to the satisfaction of the inspector, and any outstanding fees and penalties have been paid.
(c) The inspection must be conducted in a manner that demonstrates that the heating system is in operation and fully functioning.
(d) Compliance Officer, after inspection, shall determine timeline for fixing violations and meeting city rental code.
(5) License before occupancy. All rental property required to be licensed pursuant to the provisions of this chapter shall be licensed prior to occupancy or the letting to another for occupancy, and thereafter all licenses of such rental property shall be renewed pursuant to division (B)(1)(c) above.
(6) Transfers. Every new owner of a rental property (whether as fee owner, contract purchaser, or otherwise entitled to possession) shall apply for and obtain a license under this chapter before taking possession.
(7) Certification of taxes paid. Prior to approving an application for any city rental license, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, unpaid utility charges certified for payment as taxes, interest, or city utility fees due upon the property to be licensed.
(Ord. passed 4-6-2016; Ord. 2019-05, passed 6-5-2019; Ord. 2024-04, passed 4-3-2024) Penalty, see §
10.99