Loading...
(A) The provisions of this Code establish minimum standards for maintaining dwellings, accessory structures and premises. Such occupancies in existing buildings may be continued as provided in the Minnesota Uniform Building Code and shall apply to all buildings or portions thereof used, or designed or intended to be used, for human habitation except:
(1) Such structures as are found to be substandard as defined in this Code.
(2) Present and future licensed rental properties not in compliance with this Code or any other code, statute, ordinance or regulation that have not been granted as a valid variance or those considered legally nonconforming.
(3) If continuation of such use presents a clear danger to life, health, property, or public welfare.
(4) Where any building or portion thereof is used or intended to be used as a combination apartment house-hotel, the provision of this Code shall apply to the separate portions as if they were separate buildings.
(B) This Code also applies to all buildings which are rented in whole or in part as a dwelling for persons other than the property owner's family as defined herein. It includes accessory structures such as garages and storage buildings and rooming houses or lodging houses.
(C) This chapter does not apply to Minnesota Department of Health licensed rest homes, convalescent facilities, nursing homes or hotels and motels.
(Ord. 236, passed 7-2-2007)
This chapter shall be enforced in a nondiscriminatory manner and exclusively for the purpose of promoting public welfare. The city neither expressly nor by implication assumes any obligations or liabilities respecting such private rights or disputes, including those which involve or arise out of the non-conformity of any premises in the city to the provisions of this chapter.
(Ord. 236, passed 7-2-2007)
For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine.
APPLICANT. Any person making application for a license under this chapter.
APPLICATION. A form with blanks or spaces thereon, to be filled in and completed by the applicant as his or her request for a license, furnished by the city and uniformly required as a prerequisite to the consideration for the issuance of a license for the rental of residential property.
BASEMENT. The lowest story of any building that does not meet the minimum requirements of a first story as defined herein.
DWELLING. A building, wholly or partly used or intended to be used for living, sleeping, cooking or eating purposes by human occupants; but not including rest homes, convalescent homes, nursing homes, hotels, motels, facilities licensed by the State of Minnesota as institutional occupancies or dormitories. May also be called a residence or residential building.
DWELLING UNIT. A room or group of rooms within a dwelling, forming a single habitable unit.
EGRESS. An arrangement of exit facilities to assure safe means of exit from a building with specific dimensions as required in this Code or any applicable code.
EXIT. A continuous and unobstructed means of egress to a public way. Exit includes intervening doors, corridors, ramps, stairways, and courts.
EXTERMINATION. The control and elimination of insects, rodents or other pests by eliminating their places of harborage; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating; or by any other recognized and legal pest elimination method. EXTERMINATION shall include removing all signs of EXTERMINATION thereafter.
FAMILY. An individual or 2 or more persons related by blood, marriage, adoption, foster children, or a group of not more than 5 unrelated persons, living together as a single housekeeping unit, within a dwelling unit, as distinguished from individuals or a group occupying a hotel, motel, club, lodge, sorority, fraternity, or dormitory.
FAMILY (FUNCTIONAL). A collective group of unrelated persons residing in a single dwelling unit, limited to not more than 2 adult persons, together with their traditional family members of any age.
FAMILY (TRADITIONAL). One or more persons related by blood or marriage residing in a single dwelling unit.
FIRST STORY. The lowest story in a building provided it is not more than 4 feet below grade for more than 50% of its perimeter, or more than 8 feet below grade at any point in its perimeter.
FLOOR AREA, LIVEABLE OR USEABLE. The FLOOR AREA within the enclosing walls of a room, excluding areas occupied by closets, built-in-equipment, base cabinets, fixtures and appliances. Such area shall not include that portion of any room with a sloping ceiling where the floor-to-ceiling measurement is less than 5 feet.
HABITABLE ROOM. A room used or intended to be used for living, sleeping, eating or cooking purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers, corridors, unoccupied cellars. Accessory garages, porches, attics, stairways, bathrooms, closets and storage spaces, and utility and heating areas.
HEALTH OFFICER. The legally designated head of the Department of Health of this jurisdiction.
INFESTATION. The presence of insects, rodents or other pests within or around the buildings on the premises.
LICENSE. A document issued by the city to an applicant permitting him or her to rent residential property.
LICENSEE. An applicant who, pursuant to his or her application, holds a valid, current, unexpired and unrevoked license from the city allowing him or her to rent residential property.
LICENSE FEE. The money paid to the city pursuant to an application and prior to issuance of a license to rent residential property.
MECHANICAL CODE. The Uniform Mechanical Code promulgated jointly by The International Conference of Building Officials and the International Association of Plumbing and Mechanical Officials, as adopted by this jurisdiction.
MINNESOTA BUILDING CODE. The Uniform Building Code promulgated by the International Conference of Building Officials, as adopted by this jurisdiction.
NONCONFORMING USE. A use of land or occupancy that does not comply with the regulations of this chapter, but which did conform to regulations in effect at the time of original occupancy or licensing.
NUISANCE. The following shall be defined as nuisances:
(1) Any public nuisance known at common law or in equity jurisprudence.
(2) Any attractive nuisance which may prove detrimental to children whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements, or excavations; abandoned refrigerators and motor vehicles; or any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive minors.
(3) Whatever is dangerous to human life or is detrimental to health, as determined by the Health Officer.
(4) Overcrowding a room with occupants.
(5) Insufficient ventilation or illumination.
(6) Inadequate or unsanitary sewage or plumbing facilities.
(7) Uncleanliness, as determined by the Health Officer.
OCCUPANT. Any person residing in a dwelling or dwelling unit.
OPERATOR, CARETAKER, MANAGER. Any person who has charge, care or control of a structure, or part thereof, in which rental dwelling units are let.
OWNER. Any person, firm, corporation or agent, who alone, jointly or severally with others shall be in actual possession of, or have charge, care or control of any dwelling or dwelling unit. Any owner living more than 50 miles from the city is required to have an on-site or local caretaker.
PLUMBING CODE. The Uniform Plumbing Code promulgated by the International Association of Plumbing and Mechanical Officials.
PREMISES. The dwelling and its land and all buildings thereon.
RENTAL INSPECTOR. A person appointed by the City Council to conduct annual inspections according to this chapter and the Minnesota Building Code adopted by this jurisdiction.
RENTAL PROPERTY. Shall include living units rented on a month-to-month basis or greater. Such property may include single-family homes, duplexes, triplexes or multi-family units. Exempt from such definition shall be motels, hotels, boarding houses, bed-and-breakfast facilities and any facility exempt from city regulation due to state or federal rules and regulations.
ROOMING UNIT. A room or group of rooms forming a habitable unit used or intended to be used for living and sleeping, but not for cooking purposes, along with private or shared sanitation facilities.
UNRELATED PERSONS. Two or more individuals who are not related by blood, marriage or adoption.
(Ord. 236, passed 7-2-2007)
This section shall apply to any and all persons operating residential rental property.
(A) Applications.
(1) New and renewals. All applications shall be made at the office of the City Clerk, upon forms which have been approved by motion of the City Council. Applications for renewal licenses may be made on abbreviated forms.
(2) Forms. All such applications must be subscribed, sworn to, and include, but not be limited to, the following:
(a) Applicant(s) full name and dateof birth. In those cases where the owner is a corporation or partnership, the application must include the full names and dates of births of the principals.
(b) Applicant(s) present address and phone number.
(c) Applicant(s) address for 3 years prior to the date of the application.
(d) Address of property to be rented.
(e) Number of off-street parking spaces on the property.
(f) Number of rental units.
(g) Number of bedrooms per rental unit.
(h) Name of on-site/local person (if other than applicant(s)) responsible for the rental unit.
(i) Whether or not the rental unit is owner-occupied.
(j) Whether or not the applicant(s) has ever been convicted of a felony, or misdemeanor, including violation of a City of Madison Lake ordinance, excluding traffic violations except alcohol-related violations, and, if so, the nature of the offense and date and place of conviction.
(k) Such other information as the Council may deem necessary considering the nature of the use for which the license application is made.
(B) False application. It is unlawful for any applicant to intentionally make false statements or omissions upon any application form. Any false statement in such application, or any willful omission to state any information called for on such application form, shall, upon discovery of such falsehood work an automatic refusal of license or, if already issued, shall render void any license or permit issued pursuant thereto.
(C) Approval. Upon receipt of a completed application and payment of all license fees, the application will be forwarded to the Rental Inspector, who shall review the application for conflicts with zoning ordinances, parking requirements, and any other applicable statute, ordinance, code or regulation. A rental license will be issued after the property is in full compliance with all requirements. The property may not be rented until final approval as evidenced by the issuance of the license.
(D) Reissuance of a rental license. Any property with a cancelled rental license shall be handled as if the property were a new license. Such issuance will require the property to comply with all codes in effect at the time of the new license application.
(Ord. 236, passed 7-2-2007; Am. Ord. 2011-02, passed 3-21-2011)
(A) Obtaining license. No person shall operate a residential rental property without first having obtained a license to do so from the city.
(B) Property conforms. No operating license shall be issued or renewed unless the residential rental property conforms to city ordinances and State of Minnesota laws.
(C) Verification of fees paid. The applicant(s) shall provide verification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the parcel of land to which the application relates. If the applicant(s) is unable to provide such certification, the rental license shall be denied.
(D) Expiration. Rental licenses shall expire on the 30th day of October immediately following such issuance.
(E) License fees. The annual license fee shall be established by Council resolution and due by the expiration date of the license.
(F) License not transferable. Rental licenses may not be transferred without proper application being made to the City Clerk. Every person holding an operating license shall give notice in writing to the city within 5 business days after having legally conveyed or otherwise disposed of the legal control of any licensed property. Such notice shall include the name and address of the person succeeding to the ownership or control of such residential rental property therein consistent with the provisions of the ordinances of the city and the State of Minnesota laws. In the event that an operating license is suspended or revoked by the City Council for just cause, is shall be unlawful for the owner or duly authorized agent to thereafter permit any new occupancies of vacant or vacated dwellings or dwelling units until such time as a valid operating license may be restored by the City Council.
(G) Posting. All licensees must post on the rental premises a copy of their rental license.
(H) Exemption. No rental license is required for an owner’s immediate family--spouse, child, father, mother, brother, sister, stepchildren, legally adopted children, state-assigned foster children, or any combination of the above persons.
(Ord. 236, passed 7-2-2007; Am. Ord. 2011-04, passed 3-21-2011)
(A) Notification. Prior to denial, suspension or revocation, the licensee or his or her designated agent and all occupants of units potentially subject to denial, suspension or revocation, shall be notified in writing pursuant to the terms of this chapter. Any applicant whose license is denied, or any licensee whose license is suspended or revoked, shall be entitled to appeal and to a hearing on such appeal. Notice of the hearing shall be provided to all interested parties at least 20 days prior to a hearing.
(B) Hearing. A hearing shall be held before the City Council or a Hearing Examiner appointed by the City Council. The hearing shall be conducted to meet the licensee and occupant's due process rights, including:
(1) Allowing interested parties, or their attorneys, the right to present evidence, witnesses, and to cross-examine all adverse witnesses; and
(2) Making a complete record of all proceedings, including findings of fact and conclusions of law.
(C) Suspension or revocation. Every operating license issued under the provisions of this chapter is subject to suspension or revocation for the entire rental dwelling or for individual rental units, by the City Council, should the licensee fail to properly license and maintain the rental unit. A rental license may also be denied, suspended or revoked for any of the following reasons:
(1) The license and/or license application was procured by misrepresentation of material facts, by fraud, by deceit or by bad faith.
(2) The applicant or duly authorized agent acting on his or her behalf made oral or written misstatements or misrepresentations of material facts in or accompanying the application.
(3) The activities of the licensee or the failure to adequately maintain the property to comply with health, safety, building codes and this chapter.
(D) Effect of denial, suspension or revocation. In the event a rental license is denied, suspended or revoked by the City Council, it shall be unlawful for the owner or his or her duly authorized agent to thereafter permit any new occupancies of vacant or thereafter vacated rental units, until such time as a valid rental license is restored to the affected units.
(E) Failure to obtain a license. If it is determined that a rental unit is being operated without a valid license, an immediate inspection shall be conducted. It shall be unlawful for an owner, designated agent, or operator, after notice has been sent certified mail, to continue operation of a rental dwelling unit without submitting an application for a license under this chapter, along with the necessary fee. Once an application for a license has been made, it shall be unlawful for the owner, or his or her duly authorized agent, to permit any new occupancies of vacant or thereafter vacated rental units until such time as the license is issued.
(Ord. 236, passed 7-2-2007)
(A) It shall be the responsibility of the licensee to take appropriate action following conduct by occupant(s) or guest(s) of the occupant(s) which is in violation of any of the following statutes:
(1) M.S. §§ 609.75 through 609.76, which prohibit gambling.
(2) M.S. §§ 609.321 through 609.324, which prohibit prostitution and acts relating thereto.
(3) M.S. §§ 152.01 through 152.025, and § 152.027 subdivisions 1 and 2, which prohibit the unlawful sale, possession of and manufacturing of controlled substances.
(4) M.S. § 340A.401, which regulates the unlawful sale of alcoholic beverages.
(5) M.S. § 609.33, which prohibits owning, leasing, operating, managing, maintaining, or conducting a disorderly house, or inviting or attempting to invite others to visit or remain in a disorderly house.
(6) M.S. § 609.72, which prohibits disorderly conduct.
(B) The Chief of Police or his/her designee shall be responsible for enforcing and/or administration of this section.
(C) Upon determination by the Chief of Police that a licensed premises or a dwelling unit was involved in a violation of division (A) above, the Chief of Police shall notify the licensee by certified mail of the violation and direct the licensee to take steps to prevent further violations. A copy of said notice shall be sent by first-class mail to the occupant in violation of § 116.09(A).
(D) Upon a second violation within 12 months of division (A) of this section, involving a guest or an occupant of a dwelling unit, the notice provided under division (C) of this section shall require the licensee to submit a written report of the action taken to prevent further violations on the premises. This written report shall be submitted to the Chief of Police within 5 days of the request of said report and shall detail all actions taken by the licensee in response to all notices regarding violations to division (A) of this section within the preceding 12 months. If the licensee fails to comply with the requirements of division (A), the rental dwelling license for the individual dwelling may be denied, revoked, suspended or not renewed. An action to deny, revoke, suspend or not renew a license under this section shall be initiated by the City Council at the request of the Chief of Police.
(E) If a third or subsequent violation of division (A) of this section involving a guest of or an occupant of a dwelling unit occurs within 12 months after any 2 previous instances for which notices were sent to the licensee regarding the same dwelling unit, the rental dwelling license for the individual rental unit may be denied, revoked, suspended or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City Council at the request of the Chief of Police.
(F) No adverse license action shall be imposed if the violation to division (A) of this section occurred during the pendency of eviction proceedings (unlawful detainer) or within 30 days of notice given by the licensee to an occupant to vacate the premises, where the violation was related to conduct by that occupant, other occupants, or the occupant's guests. Eviction proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or not renew a license based upon violations of this section may be postponed or discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent further violations to division (A) of this section.
(G) A determination that the licensed premises or dwelling unit has been used in violation of division (A) of this section shall be made by the City Council upon substantial evidence to support such a determination. It shall not be necessary that criminal charges be brought to support a determination of violation to division (A) of this section, nor shall the facts of dismissal or acquittal of criminal charges operate as a bar to adverse license action under this section.
(Ord. 236, passed 7-2-2007)
Loading...