Subdivision 1. Rental dwelling license.
No person may operate, let, or cause to be let, a rental dwelling without first having obtained a license to do so from the City as hereinafter provided. Upon receipt of a properly executed application for licensing, the enforcement officer shall cause an inspection to be made of the premises to determine whether the structure is in compliance with the PMC, other City ordinances, and the laws of the state. No operating license may be issued or renewed unless the rental dwelling and its premises conform to the ordinances and law. In addition, no license shall be issued or renewed until such time as all real estate taxes and City utility bills for the premises which are due have been paid. Real estate taxes will not be considered to be due and unpaid for purposes of this section while a proper and timely appeal of such taxes is pending and is diligently pursued to completion by the landowner. Each such operating license shall be issued biennially and shall expire at the end of the second year. A license renewal application shall be filed at least 60 days prior to license expiration date. Every rental dwelling will be reinspected after a renewal application. If a structure or dwelling unit is not in compliance, a reinspection may be ordered to verify that conditions and any corrections conform to the provisions of this section or any other applicable ordinance. (Amended, Ord. No. 03-06; Ord. No. 08-10; Ord. No. 10-13; Ord. 14-02)
Subd. 2. Initial/conversion rental housing owner training required.
All property owners converting any single unit to rental use must attend a training session within six months of obtaining a rental license. This training shall review rental property regulations and owner obligations including, but not limited to, utility billing which can be assessed to the property and repeat nuisance call fees. Where the owner designates a local manager representative to attend the meeting, written materials will be sent to the owner who must certify that the material has been read and understood. (Added, Ord. No. 10-13)
Subd. 3. Training/certification required.
The owner of a rental dwelling may not operate, let, or cause to be let, a rental dwelling without first having scheduled the required housing owner/manager training program offered by the City. A shorter training session will be available to those who have completed a comparable program containing all of the components in subdivision 3(b) of this section in another Minnesota municipality but not Robbinsdale-specific training. Any owner who has completed a comparable program containing all of the components in subdivision 3(b) of this section in another Minnesota municipality and who has completed the initial/conversion rental housing owner training (subdivision 2 of this section) may be excused from this training. Failure to start or complete required training is not an excuse for failure to follow requirements under city code or applicable law. (Added, Ord. No. 10-13; Amended, Ord. No. 21-12)
(a) Training schedule. The community development department and the police department shall provide quarterly training session opportunities. (Added, Ord. No. 10-13; Amended, Ord. No. 21-12)
(b) Training curriculum. The training will be a course, not to exceed four hours, which is approved by the city manager. Components of the program shall include, but not be limited to, the following subject matter: (Added, Ord. No. 10-13)
(1) Rental applications and housing discrimination;
(2) Screening and background checks;
(3) Lease and lease addendums;
(4) Unlawful detainer and eviction;
(5) Manager/owner policies and roles;
(6) Data privacy;
(7) Narcotics and organized groups engaging in criminal activity;
(8) Section 8 housing;
(9) Rental licensing; and
(10) Repeat nuisance service fees.
(Added, Ord. No. 10-13; Amended, Ord. No. 21-12)
(c) Mandatory training certification. Upon successful completion of training, the community development department shall make note of this fact and satisfactory completion of the training shall remain valid until such time a new owner and/or operator becomes responsible for managing the property. (Added, Ord. No. 10-13; Amended, Ord. No. 21-12)
Subd. 4. Failure to complete training. Failure to complete the required initial/conversion rental housing owner training within six months shall subject the owner to a service fee (set forth in Appendix B) for each month that training is not completed for a maximum of three months. If the training has not been completed within this timeframe, the rental license(s) is subject to suspension or revocation by the City Council. (Added, Ord. No. 10-13; Amended, Ord. No. 21-12)
Subd. 5. License fees. The license fees are due 60 days prior to the license expiration date; in the cases of new unlicensed dwellings, license fees are due upon issuance of the certificate of occupancy; in the cases of licensing periods of less than two years, license fees will be pro-rated monthly. A license fee paid later than ten working days after the prescribed date is subject to an additional administrative service charge set by Appendix B. Once issued, a license is nontransferable and the licensee is not entitled to a refund of any license fee upon revocation or suspension; however, within 72 hours after having legally transferred or otherwise disposed of the legal control of any licensed rental dwelling, and submission of the transfer and the name and address of the person or entity succeeding to the ownership or control of such rental dwelling or dwellings on a form supplied by the City, the licensee shall be entitled to a license fee refund, prorated monthly, less a $50.00 administrative fee. The license fee is set by appendix B. (Amended, Ord. No. 06-02; Ord. No. 07-18; Ord. No. 08-10; Ord. No. 10-13)
Subd. 6. Owner or agent to apply. License application or renewal must be made by the owner of rental units. A new owner must register a building within ten days after acquiring it. Licenses are not transferable. The enforcement officer must be notified of any address change or other contact information changes including primary phone number(s), within ten days. Application forms may be acquired from and subsequently filed with the enforcement officer. The applicant must supply: (Amended, Ord. No. 03-06; Ord. No. 07-18; Ord. No. 10-13)
(a) Name, address, and telephone number of dwelling owner, owning partners if a partnership, corporate officers if a corporation;
(b) Name, address, and telephone number of designated resident agent, if any;
(c) Name, address, and telephone number of vendor, if the dwelling is being sold through a contract for deed;
(d) Legal address of the dwelling;
(e) Number of dwelling units within the dwelling;
(f) At least one emergency telephone number; and
(g) Copy of Training Certification (425.31, subd. 3) (Added, Ord. No. 10-13; Amended, Ord. No. 21-12)
Subd. 7. Resident agent required. An operating license may not be issued or renewed for a nonresident owner of rental dwelling units (one who does not reside in any of the following Minnesota counties: Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, Washington or Wright) unless such owner designates in writing to the enforcement officer the name of owner’s resident agent (one who does reside in any of the following Minnesota counties: Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, Washington or Wright) who is responsible for maintenance and upkeep and who is legally constituted and empowered to receive service of notice of violation of the provisions of the City code and to receive orders or process pursuant to law. The enforcement officer must be notified in writing within ten days of the following changes: resident agent, agent address, and/or agent phone number(s). This requirement may be waived if, in the enforcement officer's determination, the owner not living in one of the above specified counties, is nonetheless sufficiently accessible for the purposes of the PMC. (Amended, Ord. No. 03-06; Ord. No. 07-18; Ord. No. 10-13; Ord. No. 14-02)
Subd. 8. Conformance to laws. An operating license will not be issued or renewed unless the rental dwelling and its premises conform to City ordinances and state law. This requirement includes responsible operation of the property rental business as evidenced by addressing nuisance conduct at the property. (Amended, Ord. No. 10-13; Amended, Ord. No. 21-12)
Subd. 9. Inspection condition. An operating license may not be issued or renewed unless the owner of rental units agrees in the application to permit inspections pursuant to subsection 425.33. The owner or agent is required to accompany the enforcement officer at either the inspection or a reinspection of the property at least once during the license period. It is the responsibility of the owner or agent to schedule the required rental inspection with the City of Robbinsdale and to notify the renter of the inspection in a reasonable period of time at least 24 hours prior to all inspections or reinspections. (Amended, Ord. No. 03-06; Ord. No. 10-13)
Subd. 10. Posting of license. The licensee of a multiple dwelling must cause to be conspicuously posted in the main entry way or other conspicuous location therein, the current license for the respective multiple dwelling. In the case of one and two family dwellings, a copy of the license shall be given to the renter also. (Amended, Ord. No. 03-06; Ord. No. 10-13)
Subd. 11. Provision of information to tenants. The licensee shall provide each new tenant a copy of the City of Robbinsdale's solid waste program information (for those in 1 to 4 unit dwelling units) and a copy of the repeat nuisance call for service fee (City code section 927). (Added, Ord. No. 10-13)
Subd. 12. An operating license is not transferable to another person or to another rental dwelling. Every person holding an operating license must give notice in writing to the enforcement officer within 72 hours after having legally transferred or relinquished legal control of any licensed rental dwelling. The notice must include the name and address of the person succeeding to the ownership or control of such rental dwelling or dwellings. (Amended, Ord. No. 10-13; Ord. No. 22-05)
Subd. 13. License suspension or revocation. An operating license is subject to suspension or revocation, for the entire rental dwelling or for individual rental dwelling units, by the City Council if the licensed owner or duly authorized resident agent fails to permit any rental inspection required under this code, or fails to operate or maintain the licensed rental dwellings and units therein consistent with the provisions of the City code and the laws of the state of Minnesota.
(a) Suspension or revocation with continued occupancy by current tenants. In the event that an operating license is suspended or revoked by the City Council, other than as further specified in subdivision 14(b) or 14(c), it is unlawful for the owner or owner’s duly authorized agent, with respect to the rental dwellings subject to such revocation or suspension, to thereafter permit any new occupancies of vacant or thereafter vacated rental units until such time as a valid operating license may be restored by the City Council. An accurate, current list of such vacant dwelling units shall be provided to the City and maintained onsite by the owner of the property, suitable for the purposes of identification and inspection under section 425.33 by the enforcement officer until such time as a valid operating license may be restored by the City Council. Whenever any multiple-dwelling or dwelling unit has been denied a license, has had its operating license suspended or revoked, it shall be posted with a placard by the city manager to prevent further occupancy. No person, other than the city manager, shall remove or tamper with any placard used for posting. The city manager will post on the placard the date that the vacancy shall become effective. On or after the placard vacancy date, no person shall reside in, occupy, or cause to be occupied any dwelling or dwelling unit which has been posted to prevent occupancy. Any person violating this provision is guilty of a misdemeanor, and upon conviction is subject to a fine and imprisonment as prescribed by state law. Each day of each violation constitutes a separate offense. (Amended, Ord. No. 07-18; Ord. No. 10-13; Amended, Ord. No. 21-12)
(b) Suspension or revocation due to property being unfit for human habitation. In the event that an operating license is suspended or revoked by the City Council due to being unfit for human habitation, it is unlawful for the owner or owner's duly authorized agent, with respect to the rental dwellings subject to such revocation or suspension, to thereafter permit any new or continued occupancies of said rental units until such time as a valid operating license may be restored by the City Council. Whenever any multiple- dwelling or dwelling unit is unfit for human habitation, it shall be posted with a placard by the city manager to prevent further occupancy. No person, other than the city manager, shall remove or tamper with any placard used for posting. The city manager will post on the placard the date that the vacancy shall become effective. On or after the placard vacancy date, no person shall reside in, occupy, or cause to be occupied any dwelling or dwelling unit which has been posted to prevent occupancy. Any person violating this provision is guilty of a misdemeanor, and upon conviction is subject to a fine and imprisonment as prescribed by state law. Each day of each violation constitutes a separate offense.
(Added, Ord. No. 10-13; Amended, Ord. No. 21-12)
(c) License suspension or revocation for excessive calls. An operating license for individual rental dwelling units is subject to suspension or revocation by the City Council if there have been excessive calls (as outlined in City code sections 927
and 425.32
, subd. 2.) within a 365-day period (Added, Ord. No. 10-13; Amended, Ord. No. 21-12)