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Every rental unit must be maintained in compliance with the building code, dwelling maintenance standards, nuisance ordinance, and noise ordinance of the City of Hoyt Lakes, St. Louis County, and State of Minnesota respectively as now in force and hereafter amended, revised or replaced, and in compliance with all other standards, ordinances, laws and regulations governing use, occupancy, construction and maintenance of property and conduct of persons in or on that property.
(Ord. 236, passed 11-28-2022)
(A) Fire Department personnel, East Range Police Department officers, the City Zoning Officer, City Rental Inspector, City Administrator and their respective designees and representatives, are hereby authorized to make inspections reasonably necessary to the enforcement of this chapter.
(B) All persons authorized herein to inspect shall have the authority to enter, at all reasonable times, any rental unit or structure containing a rental unit, registered or required to be registered, for the purpose of enforcing this chapter.
(C) Written notice of a violation of this chapter may be given to the registration holder by certified mail directed to the address of the registration holder as shown by the Administrator’s registration application file. Said notice may contain a compliance order stating that compliance with this chapter shall be made immediately and, in that case, the notice shall advise the registration holder that the property may be re-inspected in not less than 15 days, unless extended by the Administrator, based on good cause.
(D) A registration holder may appeal to the City Administrator the requirements of any compliance order by filing a written appeal with the office of the City Administrator no later than ten days after the date of issuance of the compliance order. The City Administrator should schedule a hearing within ten days after filing of the notice of appeal. Enforcement of the compliance order shall be stayed pending the decision of the City Administrator on the appeal. The City Administrator may reschedule the hearing as the Administrator determines is necessary.
(Ord. 236, passed 11-28-2022)
(A) It is the responsibility of the registration holder to require and ensure that occupants of the registered premises conduct themselves in such a manner as to not cause the premises to be disorderly or to be used, occupied or maintained in violation of law or ordinance. For purposes of this section, a rental unit is disorderly and in violation of law or ordinance when any of the following activities occur in, on or at the registered premises:
(1) Conduct which constitutes a violation of the Hoyt Lakes City Code relating to nuisances as it now exists or as hereafter amended.
(2) Conduct which constitutes a violation of Hoyt Lakes City Code 130, the noise ordinances as it now exists or as hereafter amended.
(3) Conduct which constitutes disorderly conduct in violation of M.S. § 609.72 as it now exists or as hereafter amended.
(4) Conduct which constitutes a violation of laws relating to possession of controlled substances pursuant to M.S. Chapter 152 as it now exists or as hereafter amended.
(5) Conduct which constitutes a violation of any city ordinance or state law relating to minors possessing or consuming alcohol, or relating to providing, furnishing or serving alcohol to minors, or relating to sale of alcoholic beverages.
(6) Conduct which constitutes a violation of state laws or city ordinances relating to prostitution, indecent exposure or acts related to prostitution as defined by state law.
(7) Conduct which constitutes a violation of city ordinances and state laws relating to weapons or fire arms.
(8) Conduct which constitutes a violation of city ordinances or state laws relating to assault, specifically including domestic assaults and criminal sexual conduct.
(9) Conduct which constitutes a violation of ordinances or laws relating to contributing to the need for protection, services or delinquency of a minor as defined in M.S. § 260.315 as it now exists or as hereafter amended.
(10) Conduct which constitutes a violation of any other federal, state or local ordinance or regulation and which is reasonably likely to threaten, annoy or harass tenants or visitors to rental units, or to residents, visitors or occupants of neighboring properties.
(B) The City Administrator shall administer this section of the chapter and may delegate administration to a designee authorized in writing by the City Administrator.
(C) If the Administrator determines that a violation of this section has occurred, then the Administrator will give notice of the violation to the registration holder and the renters of the rental unit, if known, and will direct that the registration holder take steps to prevent further violations.
(D) If another violation of this section occurs within 90 days of the incident for which notice was given as provided in division (C) above, then the City Administrator will give notice of the violation to the registration holder and the renters of the rental unit, if known, and will direct that the registration holder take steps to prevent further violations. The City Administrator will also, at that time, request that the registration holder submit to the City Administrator, within ten days of the City Administrator’s mailing of the notice of violation provided in this section, a report itemizing all actions taken by the registration holder in response to all notices of violations as to the rental unit within the preceding 90 days.
(E) If a third violation of this section occurs within 90 days after the last of any two or more previous violations for which notices were given pursuant to this section, and the registration holder has not sufficiently taken action to prevent further violations, then the rental unit registration for the premises may be denied, revoked, suspended or not renewed.
(1) Action to deny, revoke, suspend or not renew a rental unit registration may be initiated by the City Administrator who shall give to the registration holder a written notice of hearing before the City Administrator to consider such denial, revocation, suspension or non-renewal.
(2) A notice of intent to deny, revoke, suspend or not renew registration shall specify all violations of this section and shall state the date, time, place and purpose of the hearing provided by this division.
(3) The hearing held pursuant to this division shall occur no later than 30 days after notice.
(4) Following the hearing, the City Administrator may deny, revoke, suspend or not renew registration for all or any part of the registered premises or may grant conditional registration upon such terms and conditions as the Administrator finds necessary to accomplish the purpose of this chapter.
(F) No adverse registration action may be imposed where the violation of this section occurred during the pendency of unlawful detainer eviction proceedings brought under M.S. Chapter 566, as it may be amended from time to time, or within 30 days of notice given by the registration holder to a tenant to vacate the premises at which the violation occurred. Unlawful detainer eviction proceedings or a notice to vacate the premises, will not, however, bar adverse registration action unless diligently pursued by the registration holder. Action to deny, revoke, suspend or not renew registration for violation of this section may be postponed or dismissed by the City Administrator at any time if it appears to the Administrator that the registration holder has taken appropriate remedial action.
(G) The standard of proof to be used in determinations by the City Administrator as to conduct constituting violations under this section is a fair preponderance of evidence in support of such a determination. It is not necessary that criminal charges be brought to support a determination of violation of this section or a determination that conduct constituting a violation of this section has occurred. It is necessary, in determining a violation of this section, that law enforcement officers be called to the rental unit in response to a complaint and that a police report and investigation of the same be prepared.
(H) For the purpose of this chapter, a violation under this section includes violations by the rental unit renters or occupants, or by their visitors or guests, in or at the rental unit of the renters or tenants, or in, at or upon its curtilage, including anywhere on the property grounds and premises of an apartment building, home or mobile home park at which the rental unit is situated.
(I) Failure of a registration holder to respond to notices provided in this section is not, by itself alone, a violation of this chapter.
(Ord. 236, passed 11-28-2022)
(A) The city reserves the right to not register a rental unit unless it complies with the requirements of this chapter.
(B) Any registration issued under this chapter is subject to the right, which is hereby expressly reserved by the city, to deny, suspend, revoke or not renew the same should the registration holder or their agents, employees, representatives or lessees directly or indirectly operate or maintain the rental dwellings contrary to the provisions of this chapter or any other ordinance of the city or any special permit issued by the city, or the laws of the State of Minnesota. Provided, however, registration shall not be denied, suspended, revoked or not renewed if the registration holder complies with a compliance order or orders in a reasonably timely manner as determined by the City Administrator.
(C) The City Administrator shall notify the applicant that registration has been denied, or the registration holder that registration is being suspended, revoked or not renewed. The suspension, revocation or non-renewal shall occur 35 days after the date of the notification order, or at such later date as set out in the notification.
(D) A determination by the City Administrator to deny, suspend, revoke or not renew registration of a rental unit may be appealed to the City Council by filing with the City Administrator a written notice of appeal within 15 days of the date on which the City Administrator mails such determination to the applicant or registration holder. In that event, the appeal will be heard by the City Council at its next meeting occurring at least 15 days after the filing of the notice of appeal.
(E) At any appeal of a determination by the City Administrator under this chapter, the registration holder or applicant, local property manager for the registration holder or applicant, or an attorney representing them, may appear and make a presentation to the City Council. The City Administrator shall present to the City Council the basis for the determination being appealed. After the hearing, the Council may uphold, reverse or modify the decision of the City Administrator based upon the provisions of this chapter and upon the protection of the public health, sanitation, safety or general welfare of the community at large or the residents of rental units within the city. The City Council shall issue written findings and determination within 31 days of the hearing, unless the Council extends that time for good cause.
(F) A decision of the City Council made as provided in this section may be appealed by Writ of Certiorari to the Court of Appeals of the State of Minnesota pursuant to its Rules of Civil Appellate Procedure.
(Ord. 236, passed 11-28-2022)
(A) As a condition of receiving rental unit registration, each registration holder is presumed to agree and consent that when the conduct of any registration holder or registration holder’s agent, representative, employee or lessee, or the condition of their rental unit, or the property in or on which it is located, is detrimental to the public health, sanitation, safety and general welfare of the community at large, or residents of the rental units so as to constitute a nuisance, fire hazard, or other unsafe or dangerous condition and thus give rise to an emergency, the City Administrator shall have the authority to summarily condemn or close individual rental units or such areas of the rental dwelling as the Administrator deems necessary. Notice of summary condemnation shall be posted at the units or areas affected and shall describe the units or areas affected. No person shall remove the posted notice, other than the Fire Chief, East Range Police Chief, City Administrator, or their designated representative. Any person aggrieved by the decision or the action of the City Administrator or Fire Marshall set out in this division, may appeal the decision following the procedures set out in this chapter. The hearing shall be conducted in the same manner as provided in this chapter, however, the date of the hearing may be expedited with the consent of the registration holder.
(B) The decision of the City Administrator set forth in this division is not voided by the filing of such appeal. Only after the hearing by the City Council has been held will the decision or action of the City Administrator be affected.
(Ord. 236, passed 11-28-2022)
(A) Nothing in this chapter prevents the city from taking enforcement action under any of its fire, housing, zoning, health safety or other codes, ordinances and state laws for violations thereof, or to seek injunctive relief and criminal prosecution for violations of any ordinance, code or law. Nothing contained in this chapter prevents the city from seeking injunctive relief against a property owner or designated property manager who fails to comply with the terms and conditions of this chapter or to obtain an order closing such rental units until violations of this particular chapter have been remedied by the property owner or designated property manager.
(B) Violation of this chapter is a misdemeanor. Each separate day on which a continuing violation occurs is a separate violation.
(Ord. 236, passed 11-28-2022)
The initial registration provisions of this chapter do not become effective until April 1, 2023 to allow rental unit owners to complete the process of registration. The initial registration covers a period of time from the date of issue through December 31, 2023.
(Ord. 236, passed 11-28-2022)