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No licensee shall evict, threaten to evict or take any other punitive action against any tenant who by reason of good faith makes calls to law enforcement agencies relating to criminal activity, suspected criminal activity, suspicious occurrences or public safety concerns. This section shall not prohibit the eviction of tenants for unlawful conduct of a tenant or invitee of the tenant or violation of any rules, regulations or lease terms other than a prohibition against contacting law enforcement agencies.
(Ord. 2009-3, passed 8-24-2009) Penalty, see § 151.99
Whenever a dwelling is converted to a licensed rental dwelling, the dwelling shall be licensed and inspected for compliance with the minimum standards set forth in § 151.03 of this code. The fee for the conversion required by this section shall be in the amount set by the City Council. This fee shall be in addition to the annual rental license fee. This provision shall not apply to apartment buildings.
(Ord. 2009-3, passed 8-24-2009)
(A) It is the responsibility of the owner/licensee to see that persons occupying a rental dwelling conduct themselves in such a manner as not to cause the premises to be disorderly. For purposes of this section, a rental dwelling is disorderly when any of the following types of conduct occur under any of the following provisions:
(1) A violation of any provision of Chapters 93 and 94 of this code (public health, safety, nuisances, and animals).
(2) A violation of any law relating to the possession of controlled substances as defined in M.S. §§ 152.01 et seq., as may be amended from time to time.
(3) A violation of any law relating to disorderly conduct as defined in M.S. § 609.72, as may be amended from time to time.
(4) A violation of any provision of Chapter 113 of this code (liquor regulations) or laws relating to the sale of intoxicating liquor as defined in M.S. §§ 340A.701, 340A.702 or 340A.703, as may be amended from time to time.
(5) A violation of any law relating to prostitution or acts relating to prostitution as defined in M.S. § 609.321, Subd. 9 and 609.324, as may be amended from time to time, housing individuals engaged in prostitution.
(6) A violation of any law relating to unlawful use or possession of a firearm as defined in M.S. §§ 609.66 et seq., as may be amended from time to time, on the licensed premises.
(7) A violation of any law relating to assaults in M.S. § 609, as may be amended from time to time.
(8) A violation of any law relating to contributing to the need for protection or services or delinquency of a minor as defined in M.S. § 260C, et seq., as may be amended from time to time.
(9) A violation of M.S. § 609.33, as may be amended from time to time, relating to 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.
(10) A violation of M.S. § 609.50, as may be amended from time to time, which prohibits interference with a police officer.
(11) A violation of M.S. § 609.713, as may be amended from time to time, which prohibits terroristic threats.
(12) A violation of M.S. § 609.715, as may be amended from time to time, which prohibits presence of unlawful assembly.
(13) A violation of M.S. § 609.71, as may be amended from time to time, which prohibits riot.
(14) A violation of M.S. §§ 609.226 and 347.56, as may be amended from time to time, relating to dangerous dogs.
(15) A violation of M.S. § 609.78, as may be amended from time to time, which prohibits interfering with "911" phone calls.
(16) A violation of M.S. §§ 609.75 through 609.76, as may be amended from time to time, which prohibits gambling.
(17) A violation of M.S. § 243.166, as may be amended from time to time, (Predatory Offender Registration).
(18) A violation of M.S. § 609.229, as may be amended from time to time, (Crime committed for benefit of a gang).
(19) A violation of M.S. § 609.26, Subd. 1(8), as may be amended from time to time, (causing or contributing to a child being a runaway).
(20) A violation of M.S. § 609.903, as may be amended from time to time, (Racketeering).
(B) Conduct enforcement. The City Administrator and the City Council are responsible for enforcement and administration of this section.
(C) Upon determination by the City Administrator that a rental dwelling was used in a disorderly manner, as described in division (A) of this section, the City Administrator must give notice to the owner/licensee of the violation and direct that steps be taken to prevent further violations.
(D) If a second instance of disorderly use of a rental dwelling occurs within the 12-month period following an incident for which a notice in division (C) of this section was given, the City Administrator must notify the owner/licensee of the violation and must also require the owner/licensee to submit a written report of the actions taken, and proposed to be taken to prevent further disorderly use. This written report must be submitted to the City Administrator within ten business days of receipt of the notice of disorderly use and must detail all actions taken by the owner/licensee in response to all notices of disorderly use within the preceding 12 months.
(E) (1) If a third instance of disorderly use of a rental dwelling occurs within the 12-month period following any two previous instances of disorderly use for which notices were given, the City Administrator must notify the owner/licensee of the violation and must also require the owner/licensee to submit a written report of the actions taken, and proposed to be taken, to prevent further disorderly use. The 12-month period begins on the date of the police report generated in response to the first instance of disorderly use. The written report must be submitted to the City Administrator within ten business days of receipt of the notice of disorderly use and must detail all actions taken in response to all notices of disorderly use within the preceding 12 months.
(2) After the third instance of disorderly use, the City Administrator may deny, revoke, suspend or not renew the license for the premises. Before such an action, the City Administrator must give to the owner/licensee written notice of a hearing before the City Council to consider such denial, revocation, suspension or non-renewal. Such 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 such notice.
(3) Following the hearing, the city may deny, revoke, suspend or decline to renew the license for all or any part or parts of the rental dwelling or may grant a license upon such terms and conditions as is deemed necessary to accomplish the purposes of this section.
(4) Appeal. Following receipt of a decision by the city to deny, revoke, suspend, or not renew a license, the owner/licensee may request a hearing before the City Council. The request must be made in writing to the City Administrator within ten days of the city's decision.
(5) Upon a decision to revoke, suspend, deny or not renew a license for violations of this section, the owner/licensee will not be eligible for any new rental licenses for a period determined by the City Administrator, but not to exceed one year. Any person who has had two or more licenses revoked, suspended, denied or not renewed for violations of this section, will not be eligible for any new rental licenses for a period determined by the City Administrator, but not to exceed two years.
(F) No adverse license action shall be imposed where the instance of disorderly use occurred during the pendency of eviction proceedings (unlawful detainer) or within 30 days of notice given 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.
(G) A determination that a rental dwelling has been used in a disorderly manner as described in division (A) of this section 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 such a criminal charge operate as a bar to adverse license action under this section.
(H) All notices given by the city under this section must be personally served on the owner/licensee, sent by certified mail to the owner/licensee's last known address or, if neither method of service effects notice, by posting on a conspicuous place on the rental dwelling.
(I) Enforcement actions provided in this section are not exclusive, and the city may take any action with respect to a licensee, a tenant, or a rental dwelling as is authorized by the City Code, state or federal law. The city may postpone or discontinue any enforcement action, including an action to deny, revoke, suspend, or not renew a license, if it appears that the owner/licensee has taken appropriate measures to prevent further instances of disorderly use.
(Ord. 2009-3, passed 8-24-2009) Penalty, see § 151.99
Each rental dwelling must be maintained by its owner, occupant, or operator so that the yards, open spaces and parking facilities are kept in a safe and attractive condition. Where a conditional use permit has been granted, the landscaping shown on the approved landscaping plan is considered as minimal and must be maintained accordingly. Any deviation to species or material shall be equal to or better than originally approved. In addition, adequate lighting facilities must be provided and operated between the hours of sunset and sunrise; and snow plowing or snow shoveling must be regularly accomplished to maintain all sidewalk and parking areas in a safe and passable condition.
(Ord. 2009-3, passed 8-24-2009) Penalty, see § 151.99
An owner or operator of a rental dwelling is responsible to comply with the applicable provisions of Chapter 91 of this Code in keeping open all fire lanes established by the city.
(Ord. 2009-3, passed 8-24-2009) Penalty, see § 151.99
(A) Responsibility. It is the responsibility of the owner and operator/manager to be in compliance with this subchapter, other city ordinances and state laws.
(B) Maintenance standards. Every rental dwelling must maintain the standards in this property maintenance chapter, in addition to any other requirement of the ordinances of the city or special permits issued by the city, or the laws of the State of Minnesota.
(C) Inspections and investigations.
(1) The City Administrator is authorized to make inspections to enforce this subchapter.
(2) All designated agents authorized to inspect have the authority to enter, at all reasonable times, any rental dwelling. Prior to entering a rental dwelling, the designated agent must first present proper credentials and request entry. If any owner, operator, occupant or other person(s) in charge of a rental dwelling fails or refuses to permit access and entry to the rental dwelling, or any part thereof, the designated agent may, upon showing that probable cause exists for the inspection and for the issuance of an order directing compliance with the inspection requirements of this section, petition and obtain such order from a court of competent jurisdiction in order to secure entry.
(3) Compliance orders must be written in accordance with § 151.03 of this Code.
(4) There shall be no fee charged for an initial inspection to determine the existence of a housing maintenance code violation, nor any fee for the first re-inspection to determine compliance with an order to correct a housing maintenance code violation.
(a) A fee shall be charged for each subsequent re-inspection occurring after the due date for compliance with an order, as determined by the city. The amount of the re-inspection fee will be set by resolution of the Council.
(b) The re-inspection fees prescribed above are to be billed directly to the owner or operator/manager for the property upon completion of any re-inspection for which a fee is required. Failure to pay such fees is grounds for revocation, suspension, or non-issuance of a rental dwelling license. This subdivision is not to be considered the exclusive method of collecting re-inspection fees and does not preclude collection by other lawful means.
(c) Every notice of violation and order to correct housing code violations must contain a clear and conspicuous explanation of the policy in this section requiring re-inspection fees for subsequent re-inspection.
(d) The City Administrator may waive a re-inspection fee in case of error, mistake, injustice, or other good cause.
(D) Revocation, suspension, denial or non-renewal of license.
(1) The City Administrator may revoke, suspend, deny or decline to renew any license issued under this subchapter for part or all of a rental dwelling upon any of the following grounds:
(a) False statements on any application or other information or report required by this subchapter to be given by the applicant or licensee;
(b) Failure to pay any application, penalty, re-inspection or reinstatement fee required either by this section or City Council resolution;
(c) Failure to correct deficiencies in the time specified in a compliance order;
(d) Failure to allow an authorized inspection of a rental dwelling;
(e) Violation of an owner's duties under M.S. §§ 299C.66 to 299C.71, as may be amended from time to time, ("Kari Koskinen Manager Background Check Act");
(f) Any other violation of this subchapter.
(2) Before the City Administrator may revoke, suspend, deny or not renew a license, written notice must be sent to the applicant or owner/licensee setting forth the alleged grounds for the potential action. The notice must also specify a date for a hearing before the City Council, which must not be less than ten days from the date of the notice. At the hearing, the owner/licensee may present witnesses in their defense.
(3) After revocation, denial or non-renewal of a license, the owner/licensee will not be eligible for any new rental license for a period determined by the City Administrator, but not to exceed one year.
(4) A decision to revoke, suspend, deny or not renew a license or application will specify the part or parts of the rental dwelling to which it applies. Until a license is reissued or reinstated, no rental unit becoming vacant in such part or parts of the rental dwelling may be relet or occupied. Revocation, suspension or non-renewal of a license will not excuse the owner/licensee from compliance with all terms of this section for as long as any unit in the rental dwelling is occupied.
(5) Failure to comply with all terms of this section during the term of revocation, suspension or non-renewal is a misdemeanor and grounds for extension of the term of revocation, suspension or continuation of non-renewal of the license.
(6) Appeal. Following receipt of a decision by the City Administrator to deny, revoke, suspend, or not renew a license, the owner/licensee may request a hearing before the City Council. The request must be made in writing to the City Administrator within ten days of the City Administrator's decision.
(E) [Reserved].
(F) Summary action.
(1) When the conduct of any owner/licensee or their agent, representative, employee or lessee or the condition of their rental dwelling is detrimental to the public health, sanitation, safety and general welfare of the city at large or residents of the rental dwelling as to constitute a nuisance, fire hazard or other unsafe or dangerous condition and thus give rise to an emergency, the City Administrator has the authority to summarily condemn or close off individual units or such areas of the rental dwelling. Notice of summary condemnation must be posted at the location of the rental dwelling license and at the units or areas affected and shall indicate the units or areas affected. Upon notice of summary condemnation, the City Administrator may deny, revoke, suspend or decline to renew the license for all or any part or parts of the rental dwelling or may impose terms and conditions as necessary to remedy the nuisance, fire hazard, or other unsafe or dangerous condition.
(2) Any person aggrieved by a decision or action of the City Administrator under division (F) shall be entitled to appeal to the City Council by filing a notice of appeal in the office of the City Administrator. The appeal must be filed within ten days of the City Administrator's decision. The City Administrator will schedule a date for a hearing before the City Council and notify the aggrieved person of the date.
(3) The hearing must be conducted in the same manner as if the aggrieved person had not received summary action.
(4) The decision of the City Administrator is not voided by the filing of such appeal. Only after the Council has held its hearing will the decision or action of the City Administrator be affected.
(G) Posting of unlicensed properties. Any dwelling found in violation of § 151.23 of this subchapter may be posted with a placard near or upon the main entrance of the dwelling and must be substantially in the following form:
NOTICE
Property Address
This property is in violation of Osseo Ordinance Section 151.24, License Required. Failure to obtain a rental license will result in legal action. Any unauthorized person removing or defacing this notice will be prosecuted.
City of Osseo...Designated Agent, Title...Date
(Ord. 2009-3, passed 8-24-2009)
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