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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 as set forth in Mahnomen City Ordinances, 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.
(A) Fire Department personnel, police officers, the City Health Officer, City Building Inspector, City Administrator and their respective designees and representatives, are hereby authorized to make inspections reasonably necessary to the enforcement of this subchapter.
(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 subchapter.
(C) Written notice of a violation of this subchapter 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. The notice may contain a compliance order stating that compliance with this subchapter 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 Council 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 Council on the appeal. The City Council may reschedule the hearing as the Council determines is necessary.
(Ord. 2-2018, passed 2-20-2018)
(A) No owner or other person shall occupy or let to another person any rental unit unless it and the premises are clean, sanitary, fit for human occupancy, and comply with all applicable legal requirements of the state and the city.
(B) For every rental building the rental unit owner shall provide for garbage pickup service.
(C) For every rental building of three or more units, the rental unit owner shall provide garbage or refuse cans and bulk storage containers sufficient to meet the needs of the occupants of the units.
(D) For every rental unit the owner shall provide for city water and sewer service.
(E) The owner of a rental unit shall be responsible for providing and hanging all screens and storm windows and storm doors whenever the same are required under the provisions of this subchapter or any rule or regulation adopted pursuant thereto, except where there is a written agreement between the owner and the occupant. In the absence of such an agreement, maintenance, or replacement of screens, storm doors, and windows, once installed in any one season becomes the responsibility of the occupant. The occupant's responsibility shall be exclusive to his or her dwelling unit.
(F) In every dwelling unit when the control of the supplied heat is the responsibility of a person other than the occupant, a temperature of at least 65 degrees Fahrenheit shall be maintained in all habitable rooms, bathroom, and water closet compartments at a distance of 36 inches above the floor level.
(G) Every owner of a dwelling unit shall provide and maintain the dwelling unit free from hazards to health due to the presence of toxic substances as determined by the appropriate authorities.
(H) The City Administrator shall administer this section of the subchapter and may delegate administration to a designee authorized in writing by the City Administrator.
(I) 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 will direct that the registration holder to take steps to prevent further violations.
(Ord. 2-2018, passed 2-20-2018)
It shall be the responsibility of the licensee to see that persons occupying the licensed premises conduct themselves in such a manner as not to cause the premises to be disorderly.
(A) For purposes of this subchapter, a premises is disorderly at which any of the following activities occur:
(1) Conduct which constitutes a violation of the city code relating to the city public nuisance procedures;
(2) Conduct which constitutes a violation of the city code and state statute relating to noisy parties and other unnecessary and loud noises M.S. § 609.72, as it may be amended from time to time, and § 92.18 of this code of ordinances;
(3) Conduct which constitutes a violation of laws relating to the possession of controlled substances, as defined in M.S. §§ 152.01 et seq., as they may be amended from time to time;
(4) Conduct which constitutes a violation of the city code relating to disorderly conduct or creating a breach of the peace, or violation of laws relating to disorderly conduct as defined in M.S. § 609.72, as it may be amended from time to time;
(5) Conduct which constitutes a violation of the city code relating to minor possessing or consuming alcohol relating to providing alcohol to minors, or violation of M.S. §§ 340A.701 and 340A.702, as they may be amended from time to time, relating to sale of intoxicating liquor;
(6) Conduct which constitutes a violation of the city code relating to prostitution and indecent exposure, or a violation of laws relating to prostitution or acts related to prostitution as defined in M.S. §§ 609.321 through 609.324, as they may be amended from time to time;
(7) Conduct which constitutes a violation of the city code relating to weapons, or laws relating to unlawful use or possession of a firearm as defined in M.S. § 609.66, as it may be amended from time to time, on the registered premises;
(8) Conduct which constitutes a violation of the city code relating to assaults, including domestic assaults, as defined in M.S. § 609.224, as it may be amended from time to time;
(9) Conduct which constitutes a violation of laws relating to contributing to the need for protection or services or delinquency of a minor, as defined in M.S. § 260B.007, as it may be amended from time to time; and
(10) Conduct which constitutes a violation of any other federal law, state law or local ordinance which would be likely to threaten, annoy or harass other tenants or other neighbors to the residential rental unit.
(B) The City Administrator shall be responsible for administration of this subchapter. The authority to take any action authorized under this subchapter may be delegated to the City Administrator authorized designee or designees.
(C) Upon determination by the City Administrator or his or her designee that a rental unit registered premises was used in a disorderly manner, as described in the city code, the City Administrator or his or her designee, shall give notice to the registration holder and the renters of the rental unit affected, of the violation and direct the registration holder to take steps to prevent further violations. This subchapter does not apply to the property owner who has taken action to prevent disorderly use of the premises as described in division (H) below.
(D) If another instance of disorderly use of the rental unit registered premises occurs within three months of an incident for which a notice in division (C) above was given, the City Administrator, or his or her designee, shall notify the registration holder and the renters of the affected unit of the violation and shall request the registration holder to take action. This action will be asked to be submitted to the City Administrator, or his or her authorized designee, within five days of receipt of the notice of disorderly use of the premises, and shall detail all actions taken by the registration holder in response to all notices of disorderly use of the premises within the preceding three months.
(E) (1) If another instance of disorderly use of the rental unit registered premises occurs within three months after any two previous instances of disorderly use for which notices were given to the registration holder, and the renters of the affected unit, pursuant to this subchapter, and the rental property owner has not taken action to prevent disorderly use of the premises, the rental dwelling license for the premises may be denied, revoked, suspended or not renewed. An action to deny, revoke, suspend or not renew a license under this subchapter shall be initiated by the City Administrator who shall give to the licensee written notice of a hearing before the City Council to consider such denial, revocation, suspension or non-renewal. Such written notice shall specify all violations of this subchapter. and shall state the date, time, place and purpose of the hearing. The hearing shall be held no less than 30 days after giving such notice.
(2) Following the hearing, the Council may deny, revoke, suspend or decline to renew the license for all or any part or parts of the licensed premises or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this subchapter.
(3) No adverse license action shall be imposed where the instance of disorderly use of the licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or within 30 days of notice given by the licensee to a tenant to vacate the premises where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. 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 subchapter may be postponed or discontinued at any time if it appears that the licensee has taken appropriate action which will prevent further instances of disorderly use.
(F) A determination that the registered premises have been used in a disorderly manner as described in division (A) above shall be made upon a fair preponderance of the evidence to support such a determination. It shall not be necessary that criminal charges be brought in order to support a determination of disorderly use, but the incident must have resulted in the police being called to the rental unit registered premises and a police report being prepared.
(G) For purposes of this subchapter, DISORDERLY USE OF THE RENTAL UNIT REGISTERED PREMISES shall mean disorderly use in the particular rental unit by the renters, occupants or quests or conduct by the tenants which constitutes disorderly use anywhere on the property of the apartment building, or home or mobile home park in which the rental unit is situated.
(H) (1) For the purpose of this chapter, participation and compliance by the rental property owner to the provisions of the Mahnomen City Rental Property Owners Partnership Program shall meet requirements for the rental owner "taking action to prevent further disorderly use of the premises."
(2) The City Administrator shall determine compliance of rental owners to the Mahnomen City Rental Owners Partnership Program and thereby taking action to prevent further disorderly use of the premises.
(I) Notwithstanding any other language of this subchapter to the contrary, conduct which otherwise constitutes disorderly use for purposes of this subchapter will not be deemed to be disorderly use for purposes of this subchapter if the police discovered the domestic abuse or other conduct as a result of a call by a tenant of the rental unit in which the disorderly use is occurring, or if the use is occurring outside the specific rental unit by a tenant of the rental unit which would have otherwise received notice of disorderly use pursuant to the terms of this subchapter.
(Ord. 2-2018, passed 2-20-2018)
(A) The city reserves the right to not register a rental unit unless it complies with the requirements of this subchapter.
(B) Any registration issued under this subchapter 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 subchapter 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 reasonable 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 subchapter, 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 subchapter 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. 2-2018, passed 2-20-2018)
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