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Every person required to register a dwelling, apartment or rooming unit offered for rent under the provisions of this subchapter and who fails to do so, or who allows the property to be occupied when the registration certificate or right to receive the registration certificate is revoked or suspended, shall be guilty of a violation of this code. Each day that a property is rented out without a valid rental registration certificate on file for that property is a separate violation.
(Prior Code, § 28-9) (Ord. 800, passed - -)
(A) Registration certificates will initially be required on or before 7-1-2004. All registration certificates shall expire on June 30 of the year following its issuance and must be renewed annually. All information required by § 96.21(B) of this chapter must be submitted at the time of renewal.
(B) Every person who transfers title to property registered under this chapter shall provide the City Administrator with the name, residence address, telephone number and date of the transfer of title to the new owner within ten days of the date of the transfer. Within 30 days of the date of the transfer, the new owner shall apply for a new registration certificate. In the case of an option contract where the holder of the option is collecting rents and/or is paying on the mortgage to the property while the option remains unexercised, the holder of the option shall be deemed to be the owner of the property for purposes of this section and shall be required to apply for a rental registration certificate in his or her name. The date the option contract is created shall be deemed to be the date the holder of the option becomes the "owner" for purposes of this section.
(C) Registration certificates may not be transferred or assigned.
(Prior Code, § 28-10) (Ord. 800, passed - -)
(A) Any registration certificate issued by the city pursuant to the provisions of this subchapter may be suspended or revoked upon a finding that the certificate holder, during the term of the certificate, failed to comply with any provision of this subchapter.
(B) A person's right to apply and receive a registration certificate may be suspended or revoked upon a finding that the applicant has let to another for occupancy any dwelling, or any apartment or rooming unit in any dwelling, without first obtaining a registration certificate as required by this subchapter and, during such time, the premises were involved in a disorderly use, as defined below.
(C) Whenever it appears to the Council that adequate grounds may exist for the suspension or revocation of a registration certificate, or the right to receive a registration certificate, the Council shall by resolution specify the nature of the alleged grounds and order that a hearing on the matter be held as provided below.
(D) No suspension or revocation shall be effective until the license or permit holder has been afforded an opportunity for a hearing under §§ 14.57 to 14.70 of the State Administrative Procedure Act.
(E) Upon a finding that the registration certificate holder or applicant has violated this subchapter, the Council may invoke any of the sanctions provided in this subchapter.
(Prior Code, § 28-11) (Ord. 800, passed - -)
(A) In addition to other fees as may be imposed by this code, a nonrefundable fee in an amount to be determined by City Council for each dwelling building containing less than four units, a fee in an amount to be determined by City Council for each dwelling building containing four to eight units, a fee in an amount to be determined by City Council for each dwelling building containing nine or more units, plus a fee in an amount to be determined by City Council for each apartment unit and each of the first four rooming units not occupied by the owner shall be paid when an application for a registration certificate or renewal is filed with the City Administrator as required by this subchapter. If an application for renewal is not made prior to the expiration of the certificate, an additional fee in an amount to be determined by City Council per day shall be charged for each day thereafter up to 20 days or until the application is filed, whichever occurs first. The fees set forth above may be adjusted from time to time by resolution of the City Council.
(B) The per-unit fee shall be waived for any premises actively enrolled/currently certified in the crime free multi-housing program conducted by the Police Department. At the time of registration, proof of enrollment is required in the form of a current crime free multi-housing gold certificate issued by the Police Department or a letter issued and signed by the officer assigned to the Police Department Crime Prevention Unit, indicating the premises' status in the program.
(Prior Code, § 28-12) (Ord. 800, passed - -)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPROPRIATE ACTION. The action which a reasonable rental property owner would take based upon the facts and circumstances of each case so as to prevent a reoccurrence of the disorderly use.
CRIME FREE MULTI-HOUSING or CRIME FREE MULTI-HOUSING PROGRAM. The program offered by the Police Department and conducted according to nationally recognized standards.
DISORDERLY or DISORDERLY USE. Conduct occurring on the "licensed premises" or "premises" which violates a provision of § 96.31(B).
LICENSE. A registration certificate or the right to receive a registration certificate as required by this subchapter.
LICENSED PREMISES or PREMISES. The property owned, operated or managed by a rental property owner and shall refer to an individual unit within a multi-unit complex when applicable.
RENTAL PROPERTY OWNER. One who holds the license or who is otherwise obligated to obtain and maintain the license as required by this subchapter.
(Prior Code, § 28-13) (Ord. 800, passed - -)
(A) Any rental property owner shall be responsible to take appropriate action against persons occupying specific units in the licensed premises or premises who conduct themselves in a manner as to cause the premises to be disorderly in violation of the statutes or ordinances listed in division (B) below. For purposes of this subchapter, the term
PERSONS OCCUPYING THE PREMISES shall include residential tenants as defined by M.S. § 504B.001, as may be amended from time to time, and those persons on the licensed premises whose presence the tenant has invited or to which the tenant has acquiesced. Violations of this section apply to individual units within buildings or complexes containing multiple units when the conduct occurs within a unit. Violations of this section by persons occupying specific units that occur within a common area of the licensed premises shall apply both to the individual and the common area of the licensed premises.
(B) The following ordinances and statutes are applicable to this section:
(1) M.S. §§ 609.321 through 609.3241, as may be amended from time to time, prohibiting prostitution;
(2) M.S. § 609.33, as may be amended from time to time, which prohibits participation in a disorderly house;
(3) M.S. §§ 617.23 through 627.299, as may be amended from time to time, prohibiting obscenity;
(5) M.S. §§ 609.75 through 609.76, as may be amended from time to time, which prohibit gambling;
(6) M.S. §§ 152.01 through 152.025 and § 152.027, Subds. 1 and 2, as may be amended from time to time, which prohibit the unlawful sale or possession of controlled substances;
(7) M.S. Ch. 340A, as may be amended from time to time, which prohibits the unlawful sale, use or possession of alcohol beverages;
(8) M.S. §§ 97B.021, 97B.045, 609.66 through 609.67 and 624.712 through 624.716, as may be amended from time to time, which prohibit the unlawful possession, transportation, sale, or use of weapon;
(9) M.S. § 609.72, as may be amended from time to time, which prohibits disorderly conduct; or
(10) M.S. §§ 609.221, 609.222, 609.223, 609.2231 and 609.224, as may be amended from time to time, which prohibit assaults, except that domestic assaults, as the same are defined by state law, are not included herein.
(C) The police or the City Administrator shall be charged with the responsibility of enforcing division (B) above.
(D) Upon determination by the police or City Administrator that the licensed premises were involved in a disorderly use, the police shall notify the license holder by certified mail of the violation and direct the license holder to take appropriate action to prevent further violations. Notice shall be effective if mailed to the license holder at that person's last known address. This and subsequent notices are collectively referred to as disorderly use notices.
(E) If another instance of disorderly use on the premises occurs within 12 months of an incident for which a prior disorderly use notice was given, the license holder shall be notified of the instance of disorderly use and shall also be required to submit a written report of appropriate actions taken by the rental property owner to prevent further disorderly use of the premises. This written report shall be submitted to the police in writing within five days of the notice of disorderly use of the premises within the preceding 12 months. Failure to submit the written report as required herein shall be a basis for the imposition of a fine and the revocation or suspension of the license or right to receive the license for the specific unit or units located on the licensed premises as otherwise provided for in this subchapter.
(F) If another instance of disorderly use of the premises occurs within 12 months of two or more prior disorderly use notices, the license or right to obtain a license may be revoked or suspended for a specific unit or units located on the licensed premises. If the notice of violation has been issued with respect to a common area of a building or complex of buildings, then the license or right to obtain such license as to all units in the building or complex may be suspended or revoked.
(G) If another instance of disorderly use of the premises occurs within 12 months of the expiration of a prior suspension issued pursuant to the provision of this subchapter, the license or right to obtain a license may be revoked or suspended for the specific unit or units located on the licensed premises. If the notice of violation has been issued with respect to a common area of a building or complex of buildings then the license or right to obtain a license as to all units in the building or complex may be suspended or revoked.
(H) No suspension or revocation or other sanctions shall be imposed where one or more of the three required disorderly use notices were mailed or delivered to the landlord after the rental property owner has filed an unlawful detainer action with the district court for the particular unit or units identified in the disorderly use notice. Calls to police made by rental property owners shall not be considered incidents of disorderly use in the implementation of divisions (D) through (G) above. The initiation of an unlawful detainer action shall not be a bar to sanctions, however, unless the action is diligently pursued by the rental property owner. Notice of and a copy of the unlawful detainer action shall be delivered to the Police Department. A determination that the licensed premises have been involved in a disorderly use as described in division (B) above shall be made upon a preponderance of the evidence. It shall not be necessary that criminal charges be brought to support a determination of disorderly use, nor shall the fact of dismissal or acquittal of a criminal charge operate as a bar to adverse license action under this section.
(I) No suspension or revocation or other sanctions shall be imposed where one or more of the three required disorderly use notices were mailed or delivered to the landlord after the rental property owner has enrolled the premises in the crime free multi-housing program and is actively working with the Police Department to resolve the issues indicated in the disorderly use notices. This division (I) will not apply to any premises that was enrolled in the program, but failed to complete and maintain certification in all three phases within the time frame agreed upon by the property owner and the Police Department Crime Prevention Unit.
(J) This section applies to all leases, whether written or oral, and a landlord may consider any tenant's conduct listed in division (B) above to be both a material breach of the lease and grounds for termination in any unlawful detainer action. Additionally, all written leases executed after 10-1-2003, shall contain a clause providing that conduct that violates division (B) above constitutes both a material breach of the lease and grounds for termination of the lease.
(K) This subchapter is not intended to supersede criminal sanctions that may be applied to the individual who violates the statutes and ordinances listed in division (B) above.
(Prior Code, § 28-14) (Ord. 800, passed - -)
(A) Upon a determination that a license or right to obtain the license may be suspended or revoked, or that a fine or other sanctions may be imposed, a public hearing shall be held before a body to be known as the Rental Housing Complaint Board. The Rental Housing Complaint Board shall consist of one City Council member, one member of the Police Department and one member who shall be a rental property owner. The members of the Rental Housing Complaint Board shall be appointed annually by the City Council. All parties shall be afforded an opportunity to appear at the hearing after receiving reasonable notice. The notice shall state the time, place and issues involved. At this hearing, rental property owners may present evidence of mitigating circumstances showing the absence of any need for a public hearing before the Council to consider the revocation or suspension of the license or right to receive a license, or the imposition of fines or other sanctions. The Board shall, in good faith, hear and consider this evidence in making a determination regarding whether or not to hold a public hearing. At the conclusion of the hearing, the Board shall make a recommendation to the Council regarding whether a need exists for a public hearing. The Board's recommendation must be submitted to the City Council for consideration. If the Council determines to call for a public hearing to consider the issue of suspension or revocation, or the imposition of a fine, the Council shall follow the procedures described in division (B) below.
(B) No suspension or revocation shall be effective until the rental property owner has been afforded an opportunity for a hearing under §§ 14.57 to 14.70 of the State Administrative Procedure Act. Should the City Council hold a public hearing pursuant to the recommendation of the Rental Housing Complaint Board, all parties shall be afforded an opportunity to appear at the hearing after receiving reasonable notice. The notice shall state the time, place and issues involved. At this hearing, license holders may present evidence of mitigating circumstances that would allow a rental property owner to retain his or her license or the right to obtain a license. The City Council shall, in good faith, hear and consider this evidence in making a determination to revoke or suspend the license or right to receive a license, impose civil penalties or impose other reasonable conditions based upon violations of this subchapter. The City Council may postpone or discontinue the proceedings if it appears that the licensee has taken appropriate measures that will prevent further instances of disorderly use.
(C) The City Council reserves the right to impose any of the following sanctions for violations of § 96.31(B):
(1) Suspend the license or right to receive a license for up to 60 days;
(2) Revoke the license or right to receive a license and establish the time period after which an application for a new certificate for the premises may be made;
(3) Impose a civil fine not to exceed an amount equal to one-month rent for each violation found as a result of the hearings; and
(4) Impose other reasonable conditions intended to limit future incidents of disorderly use (including but not limited to requiring the property owner(s) and manager(s) to attend at least one phase 1 session for crime free multi-housing.
(D) Upon expiration of the suspension or revocation period, a license holder shall pay to the city a reinstatement fee equal in an amount to be determined by City Council for the first unit re-licensed and a fee in an amount to be determined by City Council for each additional unit. These fees may be adjusted periodically by resolution of the City Council.
(Prior Code, § 28-15) (Ord. 800, passed - -)
(A) The City Council has determined that there are persons residing in rental property in the city engaging in disorderly conduct which results in a hostile environment for other city citizens living in or close to the rental property. It is the declared purpose and intent of this section to protect and preserve the city's neighborhoods and the public health, safety, welfare and morals of its citizens by providing a system at the local level for criminal history/background investigations of prospective tenants.
(B) Any owner of rental property may request that the Police Department conduct a criminal history/background investigation of a prospective tenant. The request shall be on a form provided by the Police Department. The rental applicant shall pay an investigation fee as established by resolution of the City Council.
(Prior Code, § 28-16) (Ord. 800, passed - -)
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