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§ 150.43 FAILURE TO GRANT REGISTRATION, REVOCATION, SUSPENSION OR FAILURE TO RENEW REGISTRATION.
   (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)
§ 150.44 SUMMARY ACTION.
   (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 Marshal, City Administrator, or their designated representative. Any person aggrieved by the decision or the action of the City Administrator or Fire Marshal set out in this division, may appeal the decision following the procedures set out in this subchapter. The hearing shall be conducted in the same manner as provided in this subchapter, 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. 2-2018, passed 2-20-2018)
§ 150.45 APPLICABLE LAWS.
   Registration holders are subject to all of the ordinances of the city and State of Minnesota relating to rental dwellings, and this subchapter shall not be construed or interpreted to supersede or limit any other applicable ordinance or law.
(Ord. 2-2018, passed 2-20-2018)
§ 150.46 VIOLATIONS; INJUNCTIVE RELIEF.
   (A)   Nothing in this subchapter 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 subchapter prevents the city from seeking injunctive relief against a property owner or designated property manger who fails to comply with the terms and conditions of this subchapter or to obtain an order closing such rental units until violations of this particular subchapter have been remedied by the property owner or designated property manager.
   (B)   Violation of this subchapter is a misdemeanor. Each separate day on which a continuing violation occurs is a separate violation.
(Ord. 2-2018, passed 2-20-2018)
§ 150.47 WRITTEN NOTICES.
   Notices from the city required by this subchapter shall be effective if personally delivered or if mailed to the addressee by certified mail, return receipt requested, to the address shown in the city file pertaining to the rental unit involved in the notice.
(Ord. 2-2018, passed 2-20-2018)
VACANT BUILDINGS REGISTRATION
§ 150.70 DEFINITIONS.
   For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CITY. The City of Mahnomen, State of Minnesota.
   NEIGHBORHOOD ASSOCIATION. An organization recognized by the city as representing a neighborhood within the city.
   OWNER OF RECORD. The fee owner, contract for deed vendee, mortgagee in foreclosure, holder of a sheriff's certificate, and taxpayer as shown on the real property records of Mahnomen, or the authorized agent of any of the preceding persons.
   SECURE. Includes, but is not limited to, installing locks, repairing windows and doors, boarding windows and doors, posting "no-trespassing" signs, installing exterior lighting or motion detecting lights, fencing the property, and installing a monitored alarm or other security system consistent with M.S. § 463.251.
   UNOCCUPIED BUILDING. A building or portion of a building which is not being used by a person entitled to legal occupancy.
   UNSECURED BUILDING. A building or a portion of a building that is open to entry by unauthorized persons without the use of tools or ladders.
   VACANT BUILDING. A building or a portion of a building that is unoccupied and meets one or more of the following conditions:
      (1)   Records of the Mahnomen Recorder show the property is in lien foreclosure;
      (2)   Windows or entrances to the property are boarded up or closed off, or multiple doors or window are broken and unrepaired;
      (3)   Doors to the property are damaged, smashed through, caved in, broken off, unhinged, or continuously unlocked;
      (4)   The property is without gas, electric, or water service;
      (5)   Rubbish, trash, putrescible materials or debris has accumulated on the property;
      (6)   Law enforcement agencies have received at least two reports of trespass, vandalism or other illegal acts being committed on the property within 12 months;
      (7)   The yards on the property exhibit grass, lawn, weeds, and other vegetation which are not maintained to the standards prevailing in the neighborhood.
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