(A) When required.
(1) No person shall operate a rental dwelling unless the owner thereof shall have first obtained a rental license for such rental dwelling as provided for in this chapter, and paid all fees outstanding associated with the rental license. Any rental license received under this chapter shall commence upon the date of issuance and, unless revoked or suspended, shall remain valid until the next applicable annual renewal date, provided no rental license shall extend for more than a 12 month period. A person who is operating a rental dwelling after the rental license has expired is operating an unlicensed rental dwelling.
(2) Exceptions. A rental dwelling is not subject to inspections if it is being rented to a qualifying relative or within a hotel, motel, hospital or nursing home, assisted living, group home, or independent living facility, or board and lodging home licensed and inspected by the State of Minnesota for compliance with state building and/or fire codes.
(B) What the rental license covers. There shall be 1 Rental license for each rental dwelling unit. The city shall have authority to exercise its licensing powers under this section, including the power to issue, renew, deny, revoke, and suspend rental licenses, with respect to an entire building or only a portion of a building.
(C) Fees. There shall be inspection fees and an annual license fee for each rental license. Such fees shall be in the amount established by the City Council pursuant to City Code. There shall be no proration of rental license fees for a rental license that extends for less than 12 months. The amount of the rental license fee shall be based on the number of dwelling units located in the building(s) that is the subject of a rental license and/or whether the city or the State of Minnesota is performing the inspections of the dwelling units. The City Council shall establish a fee for each inspection that is performed by the city or its designee in accordance with this chapter to determine the existence of any violations of the City Code at a dwelling unit/rental dwelling whether: (1) an initial inspection; (2) an inspection and/or follow-up inspection associated with an alleged or determined violation; (3) an inspection to restore a rental license that has been revoked or suspended; (4) a scheduled inspection that occurs every three years; or (5) for any other reason an inspection may be required under this chapter. The Code Official may waive a reinspection fee in event of an error or other reasonable cause determined by the Code Official, including extension of time granted for compliance. All fees will be charged to the owner, unless the inspection arises from a complaint provided to the Code Official and the Code Official determines that the person bringing the complaint did so in bad faith, in which case the person bringing the bad faith complaint will be liable for the inspection fee.
(D) Application. Application for a rental license shall be made in writing on forms promulgated by The City Administrator or his/her designee and accompanied by the fee amount. In the case of a license renewal, such application shall be submitted at least 30 days prior to the expiration date of the then existing rental license. If the application for a license renewal is not received by the city at least 30 days prior to the expiration date of the existing rental license, the applicant shall pay a late fee in the amount established by the City Council. The Code Official may waive the late fee in event of an error or other reasonable cause determined by the Code Official. All applications shall specify the following:
(1) Name, address, and telephone number of the owner of the rental dwelling, including name of the contact person if the owner is a legal entity.
(2) Name, address, and telephone number of any property manager actively managing said rental dwelling.
(3) Name and address of the vendee if the Rental Dwelling is owned or being sold on a contract for deed.
(4) Legal address of the rental dwelling.
(5) Number of rental dwellings that are the subject of the application if the application involves a building in which 2 or more rental dwellings are located and all such rental dwellings are owned by the same owner.
(6) Name, address and telephone number of on-site operating manager, if any.
(7) Any other information requested by the Code Official to establish compliance under this chapter.
(8) If the owner identified in the application is a legal entity, the applicant shall submit, upon request of the Code Official, the name and address of all partners, shareholders or interest holders.
(E) Resident agent required. No rental license shall be issued for a rental dwelling unless:
(1) The owner thereof resides within the counties of Carver, Dakota, Scott, Rice, Le Sueur, Sibley, Hennepin, Ramsey or Washington; or
(2) The owner designates in writing an agent or property manager residing or located within such counties who is responsible for maintenance and upkeep of the Rental Dwelling and who is authorized to provide the code official access to the rental dwelling, to receive service of notice of violations of the City Code, to receive orders from the Code Official and to institute remedial action to affect such orders and to accept all service of process pursuant to law.
(F) Posting. All Apartment Buildings shall post the Rental License issued for that building. The rental license shall be conspicuously posted (in a frame with a protective covering), in a common area, hallway or lobby. All other rental dwellings shall have a copy of the rental license on the premises.
(G) Applicable laws. Rental licenses shall be subject to the applicable provisions of the City Code and state law relating to rental dwellings.
(H) Transfer of license. No rental license under this chapter is transferable.
(1) If any owner holding a rental license transfers ownership or legal control of the rental dwelling that is the subject of the rental license.
(2) If appoints or changes the agent required under this chapter, and/or
(3) If authorizes a property manager to manage the rental dwelling (other than a property manager identified in the application for the rental license), then the owner shall provide the Code Official written notice of such event within 72 hours thereafter. Such notice shall include, as applicable:
(a) The name and address of the person succeeding to the ownership or control of such rental dwelling;
(b) The name and address of the appointed agent; and
(c) The name and address of the authorized property manager. Any new owner shall apply for a new rental license within 45 days after its acquisition of the rental dwelling, or upon expiration of the rental license, whichever comes first.
(Ord. 2017-07, passed 1-2-2018; Am. Ord. 2021-04, passed 3-15-2021)