Subd. 1. Purpose. The purpose of this chapter is to protect the public health, safety and the general welfare of the rental population of the city. These general objectives include, among others, the following:
a. To maintain a quality character and stability of rental dwelling units within the city;
b. To correct and prevent rental housing conditions that adversely affect, or are likely to adversely affect the life, safety, general welfare and health of persons occupying rental dwellings within the city;
c. To provide minimum standards for cooking, heating and sanitary equipment necessary to the health and safety of occupants of rental buildings;
d. To provide minimum standards of light and ventilation necessary to health and safety;
e. To provide minimum standards for the maintenance of existing rental buildings and to thus prevent slums and blight; and
f. To preserve the value of land and buildings throughout the city.
Subd. 2. Intent. It is not the intention of the City Council to intrude upon the fair and accepted contractual relationship between tenant and landlord. The City Council does not intend to intervene as an advocate of either party, nor to act as an arbiter, nor to be receptive to complaints from tenant or landlord which are not specifically and clearly relevant to the provisions of this chapter.
Subd. 3. Application of requirements. Every rental dwelling unit and its premises used in whole or in part as a home or residence, or as an accessory structure thereof, for a single-family or person shall conform to the requirements of this chapter, irrespective of when the building may have been constructed, altered or repaired. This chapter establishes minimum standards for erected rental dwelling units, accessory structures and related premises.
(1987 Code, § 1004.01) (Ord. 272, passed 4-12-1993; Am. Ord. 546, passed - -2017)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Whenever the words "dwelling," "dwelling unit," "premises," or "structure" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof."
ACCESSORY STRUCTURE. A subordinate building or use, whether attached or detached, that is located upon the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of the building or main use.
APPROVED. When used in reference to the design and capabilities of physical systems of a dwelling, approved shall mean having passed the inspection of the Compliance Official. The basis for passage of the inspection shall be an analysis of the effective state codes and an analysis of the degree to which the systems meet the standards established by the codes. It shall be the objective of the Compliance Official, unless otherwise specified, to establish minimum qualifications for approval of the system, which qualifications can maintain substantial compliance with the effective state codes and can be achieved in a reasonably economical and practical manner.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
COMPLIANCE OFFICIAL. The Building Official and his or her designated agents authorized to administer and enforce this chapter.
DWELLING. A building or portion thereof, designated exclusively for residential occupancy, including one-family, two-family and multiple-family dwellings, but not including hotels, motels and boarding houses.
DWELLING - MULTIPLE-FAMILY (APARTMENTS). A building designed with three or more dwelling units exclusively for occupancy by three or more families living independently of each other, but sharing hallways and main entrances and exits.
DWELLING - SINGLE-FAMILY. A dwelling designed exclusively for occupancy by one family.
a. ATTACHED. A dwelling which is joined to another at one or more sides by a party wall.
b. DETACHED. A dwelling unit not attached to another dwelling or structure.
DWELLING - TWO-FAMILY. A dwelling designed exclusively for occupancy by two families living independently of each other.
a. DOUBLE BUNGALOW. A two-family dwelling with two units side by side.
b. DUPLEX. A two-family dwelling with one unit above the other.
DWELLING UNIT. A residential building or portion thereof intended for occupancy by one family, but not including hotels, motels, lodging establishment, nursing homes, boarding or rooming houses or recreational vehicles.
FAMILY. See HOUSEHOLD.
FLUSH WATER CLOSET. A toilet, with a bowl and trap made in one piece, which is connected to the city water and sewer system or other approved water supply and sewer supply.
GARBAGE. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
HABITABLE BUILDING. Any building or part thereof that meets minimum standards for use as a home or place of abode by one or more persons.
HABITABLE ROOM. A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, unfinished basements (those without required ventilation, required electric outlets and required exit facilities), pantries, utility rooms of less than 50 square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces and workshops, hobby and recreation areas in parts of the structure below ground level or in attics.
HEATED WATER. Water heated to a temperature of not less than 120°F, or the lesser temperature required by government authority, measured at faucet outlet.
HOUSEHOLD. The following are included in the term HOUSEHOLD as the term is used in this chapter:
a. An individual; or
b. A group of not more than three individuals, none of whom are related by blood, marriage, adoption or foster care, but all of whom are maintaining a common residence and using common cooking and kitchen facilities; or
c. Up to two adult individuals, whether related or unrelated, residing in the same dwelling unit and maintaining a common residence and common cooking and kitchen facilities and the dependent child(ren) of each, if any; or
d. The combination of paragraphs a. and c. above.
KITCHEN. A space which contains a sink with counter working space, adequate space for installing cooking and refrigeration equipment and adequate space for the storage of cooking utensils.
LEASE. An agreement to rent. (For use as a verb, see RENT.)
OCCUPANT. Any person (including owner or operator) sleeping, cooking and eating in a dwelling unit.
OPERATOR. The person or enterprise, or its agent, who is owner or proprietor of a rental dwelling or rental dwelling unit, whether in the capacity of owner, lessor, lessee, sublessee, mortgagee in possession, licensee, or any other capacity. Where the operator performs their functions through a rental agent, the managing agency or the rental agent has the same duties as the principal.
OWNER. Any person, firm or corporation who, alone, jointly or severally with others, shall be in actual possession of, or have charge, care or control of, any dwelling or dwelling units within the city as title holder, employee or agent of the title holder or as trustee or guardian of the estate or person of the title holder. Any person representing the actual title holder shall be bound to comply with the provisions of this chapter to the same extent as the title holder.
PERMISSIBLE OCCUPANCY. The maximum number of persons permitted to reside in a dwelling unit.
PERSON. An individual, firm, partnership, association, corporation or joint venture or organization of any kind.
PLUMBING. All of the following supplied facilities and equipment in a dwelling: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar fixtures and the installation thereof, together with all connections to water, sewer and gas lines.
PREMISES. A platted lot or part thereof or unplatted parcel of land occupied by any dwelling or non-dwelling structure, including any building, accessory structure or other structure thereon.
PUBLIC HALL. A hall, corridor or passageway for providing egress from a dwelling unit to a public way and not within the exclusive control of one family.
REFUSE. All putrescible and non-putrescible waste solids, including garbage and rubbish.
REMUNERATION. Compensation, money, or other consideration given in return for occupancy, possession, or use of real property.
RENT. The consideration or remuneration charged whether or not received, for the occupancy or use of another's property as a rental dwelling or rental dwelling unit, valued in money, whether to be received in money, goods, labor, or otherwise, including all receipts, cash, credits, property, or services of any kind. Rent may include consideration or remuneration received pursuant to an option to purchase whereby a person is given the right to possess the property for a term of less than 30 days.
RENTAL DWELLING. A dwelling let for rent or lease.
RENTAL DWELLING UNIT. A dwelling unit let for rent or lease.
REPAIR. To restore to a sound and acceptable state of operation, serviceability or appearance.
RODENT HARBORAGE. Any place where rodents can live, nest or seek shelter.
RUBBISH. Non-putrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, grass and shrubbery clippings, wood, glass, brick, plaster, bedding, crockery and similar materials.
SAFETY. The condition of being reasonably free from danger and hazards which may cause accidents or disease.
SHORT-TERM RENTAL UNIT. Any structure, any portion of any structure, rental dwelling or rental dwelling unit that is rented to a transient for less than 30 consecutive days in a residential district or residential planned unit development district.
SUBSTANDARD DWELLING. Any dwelling which does not conform to the minimum standards established by city ordinances.
SUPPLIED. Paid for, furnished by, provided by or under the control of the owner, operator or agent of a dwelling.
TRANSIENT. Any person who, at their own expense or at the expense of another, exercises occupancy or possession, or is entitled to occupancy or possession, by reason of any rental agreement, concession, permit, right of access, option to purchase, license, time sharing arrangement, or any other type of agreement for a period of less than 30 consecutive calendar days.
(1987 Code, § 1004.02) (Ord. 272, passed 4-12-1993; Am. Ord. 533, passed 9-26-2016; Am. Ord. 546, passed - -2017)
Subd. 1. Issuance and renewal. No person shall operate a rental dwelling without first having obtained a license to do so from the City Council as hereinafter provided. Each license shall be valid for three years and shall expire on December 31 following the issuance thereof. Application for license renewals for the following years shall be filed on or before November 1 prior to the license expiration date.
Subd. 2. Conformance to laws. No license shall be issued or renewed unless the rental dwelling and its premises conform to the Shorewood City Code and the laws of the state.
Subd. 3. License fees. Applications and fees for license renewals shall be due on November 1 immediately prior to the license expiration date. In cases of new unlicensed dwellings, license fees shall be due upon application for a license.
a. The licensee shall not be entitled to a refund of any license fee upon denial, revocation or suspension of the license.
b. The fees and charges for the license application required by this chapter are set forth in the City of Shorewood Fee Schedule.
Subd. 4. License not transferable. No license shall be transferable to another person or to another rental dwelling. Every person holding a license shall give notice, in writing, to the Compliance Official within 72 hours after having legally transferred or otherwise disposed of the legal control of any licensed rental dwelling. The notice shall include the name and address of the person succeeding to the ownership or control of the rental dwelling or dwellings. If rental activity is proposed to continue under the new owner, a new license application shall be required immediately upon notice of the property transfer.
Subd. 5. Owner or agent to apply.
a. Application. License application or renewal shall be made by the owner of the rental units or its legally constituted agent. Application forms may be acquired from and subsequently filed with the Compliance Official.
b. Required information. The applicant shall supply:
(1) Name, address and telephone number of dwelling owner, owning partners if a partnership, and corporate officers if a corporation;
(2) Name, address and telephone number of designated resident agent, if any;
(3) Name, address and telephone number of management representative;
(4) Name, address and telephone number of vendee, if the dwelling is being sold through a contract for deed;
(5) Legal address of the dwelling;
(6) Type of dwelling;
(7) Type and number of dwelling units within the building;
(8) Description of procedure through which tenant inquiries and complaints are to be processed;
(9) Test results for domestic water supplied by a private well from a lab certified by the Minnesota Department of Health;
(10) Test results (within 30 days) for the furnace performed by a certified mechanical contractor bonded with the Minnesota Department of Labor and Industry; and
(11) Chimney report for operational wood-burning fireplaces.
c. Zoning compliance. Upon application for a license the applicant must demonstrate to the satisfaction of the Compliance Official that the rental dwelling complies with one of the following:
(1) The property is currently zoned for the intended use pursuant to Chapter 1201 of this code;
(2) The structure was granted a special use permit for a two-family dwelling between January 21, 1965 and September 24, 1973; or
(3) The structure has been continually and lawfully used as a two-family dwelling since January 21, 1965.
Subd. 6. Resident agent required. No license shall be issued or renewed for a nonresident owner of rental dwelling units (one who does not reside within the counties of Hennepin, Ramsey, Anoka, Carver, Dakota, Scott or Washington) unless the owner designates, in writing, to the Compliance Official the name of its resident agent (a person who does reside within the aforesaid referred counties) 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 ordinances, to receive orders and to institute remedial action to effect the orders and to accept all service of process pursuant to law. The Compliance Official shall be notified, in writing, of any change of resident agent.
Subd. 7. Posting of license. Every licensee of a multiple rental dwelling shall cause to be conspicuously posted in the main entryway or other conspicuous location therein the current license for the respective multiple rental dwelling. Licenses for one- and two-family rental dwellings shall be conspicuously posted near the electrical service box for each unit.
Subd. 8. Inspection access.
a. No license shall be issued or renewed unless the owner of a rental unit agrees in its application to permit inspections as provided in § 1004.05 of this chapter.
b. Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the Compliance Official or his or her authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes the building or premises unsafe, dangerous or hazardous, the Compliance Official or his or her authorized representative may enter the building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this code; provided, that if the building or premises are occupied, he or she shall first present proper credentials and request entry; and if the building or premises are unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If the entry is refused, the Compliance Official or his or her authorized representative shall have recourse to every remedy provided by law to secure entry.
Subd. 9. Occupancy register required.
a. Every owner of a licensed rental dwelling unit in Shorewood shall keep, or cause to be kept, a current register of occupancy for each dwelling unit which provides the following information:
(1) Dwelling unit address;
(2) Number of bedrooms in dwelling unit;
(3) Names of adult occupants and number of adults and children (under 18 years of age) currently occupying each dwelling unit; and
(4) Dates renters occupied and vacated each dwelling unit.
b. The register shall be made available for viewing or copying by the Compliance Official at all reasonable times.
Subd. 10. Denial, suspension, revocation or non-renewal of license.
a. The Compliance Official may revoke, suspend, deny, or decline to renew any license for all or part of a building issued under this chapter upon any of the following grounds:
(1) The license applicant has not submitted all the required materials or requested an inspection of the premises within 30 days of the initial application;
(2) False statements made on the license application or any other information required by this section;
(3) The Compliance Official has not been permitted to inspect the premises proposed to be licensed;
(4) The license applicant has failed to correct deficiencies listed in a violation or correction notice in the time specified;
(5) The license applicant has not met the requirements of the International Property Maintenance Code or City Code or other applicable state laws;
(6) The City of Shorewood has previously suspended or revoked a rental license for the same property and all the conditions of suspension or revocation have not been corrected;
(7) The license applicant or their agent has violated any requirement of this chapter;
(8) Granting the license would be contrary to public health, safety or general welfare so as to create a public nuisance; or
(9) The license applicant, licensee, their agent or tenant(s) has/have failed to conform to other applicable requirements of City Code, state statute or criminal code.
b. If an application for a license is denied, a written statement specifying the reasons for the denial will be transmitted to the applicant.
Subd. 11. Appeal. If the City of Shorewood denies a license application, the applicant may file a written appeal to the City Council (acting as a Board of Appeals) requesting a hearing before the City Council. The appeal must be received within ten days of the denial notice and would be processed as outlined in § 1004.07 Subd. 6. of this Chapter. The City Council may affirm, modify or reverse the decision and state the reasons for such action.
(1987 Code, § 1004.03) (Ord. 272, passed 4-12-1993; Am. Ord. 546, passed - -2017; Am. Ord. 598, passed 4-10-2023)
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