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RENTAL HOUSING LICENSING
It is the purpose of this subchapter to protect the public health, safety, and welfare of the community at large and the residents of rental dwellings in the city and to ensure that rental housing in the city is decent, safe, and sanitary and is so operated and maintained as not to become a nuisance to the neighborhood or to become an influence that fosters blight and deterioration or creates a disincentive to reinvestment in the community. The operation of rental residential properties is a business enterprise that entails certain responsibilities. Owners and operators are responsible to take such reasonable steps as are necessary to ensure that the citizens of the city who occupy such units may pursue the quiet enjoyment of the normal activities of life in surroundings that are: safe, secure, and sanitary; free from noise, nuisances, or annoyances; and free from unreasonable fears about safety of persons and security of property.
(Prior Code, § 3-16-1)
(A) This subchapter applies to all existing and new rental dwellings in the city, including any accessory structures on the premises upon which the rental dwelling is located, such as garages and storage buildings and appurtenances, such as sidewalks and retaining walls.
(B) This subchapter does not apply to the state’s Department of Health licensed rest homes; convalescent care facilities; nursing homes; hotels; motels; or owner-occupied units.
(Prior Code, § 3-16-2)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHIEF BUILDING OFFICIAL. The Chief Building Official or designated agent.
CITY. The City of Monticello.
CITY ADMINISTRATOR. The City Administrator or the City Administrator’s designated agent.
INTERNATIONAL PROPERTY MAINTENANCE CODE. The International Property Maintenance Code, 2018 edition, as published by the International Code Council.
MULTIPLE-FAMILY DWELLING. A rental dwelling containing three or more units.
OCCUPANT. Any person living or sleeping in a rental dwelling unit, or having possession of a space within a rental dwelling unit.
OWNER. With respect to all matters involving the making of applications and the giving of notices, the individuals or entities holding legal and equitable title to the premises.
PREMISES. A lot, plot, or parcel of land, including the building or structures thereon.
RENTAL DWELLING. A building or premises, or portion thereof, containing one or more units used or intended to be used for residential rental purposes.
UNIT. A single unit within a rental dwelling providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation.
(Prior Code, § 3-16-3)
(A) Owner responsibility. Every owner of a rental dwelling is responsible for violations of duties and obligations imposed by this subchapter, applicable provisions of the city code, and the International Property Maintenance Code.
(B) Cleanliness. Every owner of a rental dwelling is responsible for keeping the rental dwelling in a clean, sanitary, and safe condition in conformance with this subchapter, applicable provisions of the city code and the International Property Maintenance Code.
(C) Disposal of rubbish. Every owner of a rental dwelling shall have all rubbish, garbage, and waste stored and disposed of in a clean, sanitary, and safe manner.
(D) Obtain license. The owner must obtain a license and pay all license fees as required by this subchapter before the rental dwelling may be rented.
(Prior Code, § 3-16-5) Penalty, see § 112.99
(A) License required. It is unlawful to own or operate a rental dwelling in the city without first having obtained a license from the city. An owner must obtain a license for each rental dwelling. If the rental dwelling contains two or more units, and has a common owner and a common property identification number, the owner shall obtain a single license for the rental dwelling.
(B) License application. The owner of a rental dwelling must submit an application for a license on forms and in the format provided by the city. The owner must give notice, in writing, to the city within five business days of any changes to the information contained in the license application. The application must include:
(1) The owner’s name, address, and telephone number, owning partners if a partnership, corporate officers if a corporation;
(2) Legal address of the rental dwelling;
(3) The type and number of units within the rental dwelling;
(4) The type of structure to be licensed (i.e., single-family, duplex, multi-family); and
(5) Pursuant to M.S. § 270C.72, subd. 4, as it may be amended from time to time, the owner’s Social Security number and/or state business identification number.
(C) License fees. The owner must pay an annual license fee, the amount of which will be determined by the City Council. The owner must submit the required fee along with the application for a new or renewal license. Applications for a renewal license submitted after December 31 are subject to an additional late fee, which shall be determined from time to time by the Council.
(D) License period. The license period is for one year and all licenses shall expire on March 14 in each year.
(E) License issuance.
(1) Preliminary inspection and investigation. Prior to issuing an initial license, the Chief Building Official will seek consent from the owner for an inspection of the rental dwelling and conduct an inspection to determine compliance with this subchapter, the city code, and the International Property Maintenance Code. The Chief Building Official will review the application for completeness. All real estate taxes and municipal utilities must be paid and current.
(2) Compliance order. As to any rental dwelling existing as of the effective date of this subchapter, if the rental dwelling is not in full compliance with division (E)(1) above, the city may issue the initial license and provide the owner with a compliance order pursuant to § 112.09.
(F) Posting of license. The owner shall post a copy of the license in the rental dwelling in a conspicuous place approved by the Building Official. In multiple-dwelling units requiring a single license, the license shall be posted in a common area of the building such as a corridor, hallway, or lobby. The posted license shall be framed and covered with clear glass or plastic.
(G) Transfer of license. Licenses are transferable. Any changes in the ownership of the rental dwelling require submittal of application and payment of license transfer fee.
(H) Register of occupancy. The owner shall keep a current register of occupancy for each rental dwelling. This register of occupancy may be reviewed by the city at any time. The register of occupancy shall contain, at a minimum, the following information:
(1) Address(es) of the rental dwelling;
(2) Number of bedrooms of each unit;
(3) Number of units in each building; and
(4) Number of adults and children (under 18) currently occupying each unit.
(Prior Code, § 3-16-6) (Ord. 611, passed 2-9-2015) Penalty, see § 112.99
(A) Routine license inspections. No operating license may be issued or renewed unless the city determines, following an inspection conducted pursuant to this section, that the dwelling unit complies with this code. The owner of a dwelling unit shall contact the Chief Building Official or his or her agents to arrange an inspection at a reasonable time. The Chief Building Official and his or her agents are authorized to conduct an inspection, provided the owner or tenant consented to the inspection. A rental dwelling unit, including any common space areas, must be inspected a minimum of one time every two years. Nothing shall prohibit the city from requesting additional inspections if deemed necessary or if requested by a tenant of a rental dwelling unit. The owner shall notify the tenant or tenants of the time when the city inspection will be conducted and provide access to the units.
(B) Response to complaints. The Chief Building Official shall respond to complaints of violations of this subchapter. A complaint may be cause for a complete inspection of a unit or building. If an inspection is to be made, the Chief Building Official shall notify the owner or tenant of the inspection and request permission to inspect from the owner or tenant. If the owner or tenant does not consent, the city may pursue an administrative search warrant to conduct the inspection, unless a lawful exception to conduct an inspection without a warrant exists. If there are violations, the Chief Building Official shall notify the owner or tenant pursuant to § 112.09 to correct the problem which prompted the complaint. The cost of the inspection shall be paid by the owner if the city’s inspection reveals actual deficiencies as described by the occupant, and the payment of the cost shall be a condition of license renewal.
(C) Right to refuse entry. The owner, occupant, tenant, or person in charge of any property or rental unit possesses the right to deny entry to any unit or property by the Chief Building Official for purposes of compliance with this subchapter. However, nothing in this subchapter shall prohibit the Chief Building Official from asking permission from an owner, occupant, tenant, or person in charge of property for permission to inspect the property or rental unit for compliance with this subchapter and all other applicable laws, regulations, and codes. Nothing in this subchapter shall prohibit the city from seeking a search warrant or from entering a property or rental unit if a lawful exception to the warrant requirement exists.
(D) Scope of inspection.
(1) Neither the city nor any employee thereof assumes liability for the accuracy or quality of any property inspected pursuant to this subchapter at the request of the owner. The issuance of a rental license shall not be construed to represent a warranty or guarantee by or on behalf of the city nor shall the issuance of any certificate, license, or approval be construed to imply or warrant that a unit or property is: safe or free of any dangers or hazards to the occupants or general public; free and clear of any violations of this subchapter or any other laws, regulations, or codes; and free and clear of any defects.
(2) The issuance of any rental license shall not be construed to represent any warranties or guarantees by or on behalf of the city, nor shall the issuance of any certificates or approvals be construed to imply that the property is:
(a) Completely safe or free of any dangers or hazards to the occupants or general public;
(b) Completely free and clear of any violations of this subchapter or any other codes; or
(c) Completely free and clear of any defects related to any structural, fire protection, fire prevention, building utilities, or any other features of the property.
(Prior Code, § 3-16-7) (Ord. 611, passed 2-9-2015)
(A) Owner responsible. It shall be the responsibility of the owner to see that persons occupying the rental dwelling conduct themselves in a manner as not to cause the premises to be disorderly. For purposes of this section, a rental dwelling is disorderly at which any of the following activities occur:
(1) Violation of M.S. §§ 609.755 through 609.76, as they may be amended from time to time, as may be amended from time to time, relating to gambling;
(2) Violation of laws relating to prostitution or acts relating to prostitution as defined in M.S. § 609.321, as it may be amended from time to time;
(3) Violation of M.S. §§ 152.01 through 152.027, as may be amended from time to time, relating to the unlawful sale or possession of controlled substances;
(4) Violation of M.S. §§ 340A.401 and 340A.503, as may be amended from time to time, relating to the unlawful commercial sale and underage consumption of alcoholic beverages;
(5) Violation of M.S. § 609.33, as may be amended from time to time, 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) Violation of M.S. §§ 97B.021, 97B.045, 609.66 through 609.67, 624.712 through 624.716, 624.719, or 624.731 through 624.732, as may be amended from time to time, relating to the unlawful possession, transportation, sale, or use of weapons;
(7) Violation of city code or violation of M.S. § 609.72, as may be amended from time to time, relating to disorderly conduct;
(9) Violation of §§ 95.30 through 95.36 relating to recreational fires.
(B) First violation. Upon determination by the Chief Building Official that a licensed premises was used in a disorderly manner, as described in division (A) above, the Chief Building Official must give notice to the licensee of the violation and direct the licensee to take steps to prevent further violations.
(C) Second violation. If another instance of disorderly use of the licensed premises occurs within 12 months of an incident for which a notice in division (B) above was given, the Chief Building Official must notify the licensee of the violation and must also require the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use of the premises. This written report must be submitted to the Chief Building Official within five days of receipt of the notice of disorderly use of the premises and must detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding three months.
(D) Third violation.
(1) If another instance of disorderly use of the licensed premises occurs within 12 months after any two previous instances of disorderly use for which notices were given to the licensee pursuant to this section, 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 section must be initiated by the Chief Building Official who must give to the licensee written notice of a hearing before the City Council to consider such denial, revocation, suspension, or non-renewal. The written notice must specify all violations of this section, and must state the date, time, place, and purpose of the hearing. The hearing must be held no less than ten days and no more than 30 days after giving the notice.
(2) Following the hearing, the City 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 section.
(E) No adverse action pending eviction. 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 are not 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 instances of disorderly use.
(F) Finding of disorderly conduct. A determination that the licensed 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 is not necessary that criminal charges be brought in order to support a determination of disorderly use, nor does the fact of dismissal or acquittal of a criminal charge operate as a bar to adverse license action under this section.
(G) Service of notices. All notices given by the city under this section, at the city’s option, may be either personally served on the licensee, sent by regular mail to the licensee at the address listed on the application, or by posting on a conspicuous place on the licensed premises.
(H) Enforcement actions. Enforcement actions provided in this section are not exclusive, and the City Council may take any action with respect to a licensee, a tenant, or the licensed premises as is authorized by the city code, state law, or federal law.
(Prior Code, § 3-16-8)
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