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(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
LODGER. The person obtaining lodging from an operator.
LODGING. The furnishing for a consideration of lodging by a hotel, motel, short term rental, or rooming house, except where the lodging shall be for a continuous period of 30 days or more to the same lodger(s). The furnishing of rooms by religious, educational, or non-profit organizations shall not constitute LODGING for purposes of this section.
OPERATOR. A person who provides a lodging to any person.
RENT. The total consideration valued in money charged for lodging whether paid in money or otherwise, but shall not include any charges for services rendered in connection with furnishing lodging other than the room charge itself.
(B) Imposition of tax. There is hereby imposed a tax of 3% on the rent charged by an operator for providing lodging to any person after 1-15-1988. The tax shall be stated and charged separately and shall be collected by the operator from the lodger. The tax collected by the operator shall be a debt owed by the operator to the city and shall be extinguished only by payment to the city. In no case shall the tax imposed by this section upon an operator exceed the amount of tax which the operator is authorized and required by this section to collect from a lodger.
(C) Collections. Each operator shall collect the tax imposed by this section at the tune the rent is paid. The tax collections shall be deemed to be held in trust by the operator for the city. The amount of tax shall be separately stated from the rent charged for the lodging and those persons paying the tax shall receive a receipt of payment from the operator.
(D) Exemptions. An exemption shall be granted to any person as to whom or whose occupancy it is beyond the power of the city to tax. No exemption shall be granted, except upon a claim therefor made at the time the rent is collected and a claim shall be made in writing and under penalty of perjury on forms provided by the City Clerk. All claims shall be forwarded to the City Clerk when the returns and collections are submitted as required by this section.
(E) Advertising no tax. It is unlawful for any operator to advertise or hold out or state to the public or any customer, directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent or that, if added, it or any part thereof will be refunded. In computing the tax to be collected, amounts of tax less than $0.01 shall be considered an additional cent.
(F) Payment and returns.
(1) The taxes imposed by this section shall be paid by the operator to the City Clerk monthly not later than 25 days after the end of the month in which the taxes were collected. At the time of payment, the operator shall submit a return upon the forms and containing information as the City Clerk may require. The return shall contain the following minimum information:
(a) The total amount of rent collected for lodging during the period covered by the return;
(b) The amount of tax required to be collected and due for the period;
(c) The signature of the person filing the return or that of his or her agent duly authorized in writing;
(d) The period covered by the return; and
(e) The amount of uncollectable rental charges subject to the lodging tax.
(2) The operator may offset against the taxes payable with respect to any reporting period, the amount of taxes imposed by this section previously paid as a result of any transaction the consideration for which became uncollectable during the reporting period, but only in proportion to the portion of the consideration which became uncollectable.
(G) Examination of return, adjustments, notices and demands. The City Clerk shall, after return is filed, examine the same and make any investigation or examination of the records and accounts of the person making the return deemed necessary for determining its correctness. The tax computed on the basis of the examination shall be the tax to be paid. If the tax due is found to be greater than that paid, the excess shall be paid to the City Clerk ten days after receipt of a notice thereof given either personally or sent by registered mail to the address shown on the return. If the tax paid is greater than the tax found to be due, the excess shall be refunded to the person who paid the tax to the City Clerk ten days after determination of the refund.
(H) Refunds. Any person may apply to the City Clerk for a refund of taxes paid for a prescribed period in excess of the amount legally due for that period; provided that, no application for refund shall be considered unless filed within one year after the tax was paid, or within one year from the filing of the return, whichever period is the longer. The City Clerk shall examine the claim and make and file written findings thereon denying or allowing the claim in whole or in part and shall mail a notice thereof by registered mail to the person at the address stated upon the return. If the claim is allowed in whole or in part, the City Clerk shall credit the amount of the allowance against any taxes due under this section from the claimant and the balance of the allowance, if any, shall be paid by the City Clerk to the claimant.
(I) Failure to file a return.
(1) If any operator required by this section to file a return shall fail to do so within the time prescribed, or shall make, willfully or otherwise, an incorrect, false or fraudulent return, the operator shall, upon written notice and demand, file the return or corrected return within five days of receipt of the written notice and shall, at the same time, pay any tax due on the basis thereof. If the person shall fail to file the return or corrected return, the City Clerk shall make a return or corrected return, for the person from the knowledge and information as the City Clerk can obtain, and assess a tax on the basis thereof, which tax (less any payments theretofore made on account of the tax for the taxable period covered by the return) shall be paid upon within five days of the receipt of written notice and demand for the payment. Any return or assessment made by the City Clerk shall be prima facie correct and valid, and the person shall have the burden of establishing its incorrectness or invalidity in any action or proceeding in respect thereto.
(2) If any portion of a tax imposed by this section, including penalties thereon, is not paid within 30 days after it is required to be paid, the City Attorney may institute such legal action as may be necessary to recover the amount due plus interest, penalties, the costs and disbursements of any action.
(3) Upon a showing of good cause, the City Clerk may grant an operator one 30-day extension of time within which to file a return and make payment of taxes as required by this section; provided that, interest during the period of extension shall be added to the taxes due at the rate of 10% per annum.
(J) Penalties.
(1) If any tax imposed by this section is not paid within the time herein specified for the payment, or any extension thereof, there shall be added thereto a specific penalty equal to 10% of the amount remaining unpaid.
(2) In case of any failure to make and file a return within the time prescribed by this section, unless it is shown that the failure is not due to willful neglect, there shall be added to the tax in addition to the 10% specific penalty provided in division (J)(1) above, 10% if the failure is for not more than 30 days with an additional 5% for each additional 30 days or fraction thereof during which the failure continues, not exceeding 25% in the aggregate. If the penalty as computed does not exceed $10, a minimum penalty of $10 shall be assessed. The amount so added to any tax shall be collected at the same time and the same manner and as a part of the tax unless the tax has been paid before the discovery of the negligence, in which case the amount so added shall be collected in the same manner as the tax.
(3) If any person willfully fails to file any return or make any payment required by this section, or willfully files a false or fraudulent return or willfully attempts in any manner to evade or defeat any such a tax or payment thereof, there shall also be imposed as a penalty an amount equal to 50% of any tax (less any amounts paid on the basis of the false or fraudulent return) found due for the period to which the return related. The penalty imposed by this division (J)(3) shall be collected as part of the tax, and shall be in addition to any other penalties provided by this section.
(4) All payments received shall be credited first to penalties, next to interest, and then to the tax due.
(5) The amount of tax not timely paid, together with any penalty provided by this section, shall bear interest at the maximum rate per annum as prescribed by M.S. § 270.0725, as it may be amended from time to time, from the time the tax should have been paid until paid. Any interest and penalty shall be added to the tax and be collected as part thereof.
(K) Administrator of tax. The City Clerk shall administer and enforce the assessment and collection of the taxes imposed by this section. The City Clerk shall cause to be prepared blank forms for the returns and other documents required by this section and shall distribute the same throughout the city and furnish them on application, but failure to receive or secure them shall not relieve any person from any obligation required of him or her under this section.
(L) Examine records. The City Clerk and those persons acting on behalf of the City Clerk authorized in writing by the City Clerk or the city may examine the books, papers and records of any operator in order to verify the accuracy of any return made or, if no return was made, to ascertain the tax as provided in this section. Every operator is directed and required to give to the person authorized to examine the books, papers and records, the means, facilities and opportunity for the examinations and investigations as are hereby authorized.
(M) Violations. It is unlawful for any person to willfully fail to make a return required by this section; or to fail to pay the tax after written demand for payment; or to fail to remit the taxes collected or any penalty or interest imposed by this section after written demand for the payment; or to refuse to permit the City Clerk or any duly authorized agents or employees to examine the books, records and papers under his or her control; or to willfully make any incomplete, false or fraudulent return.
(N) Use of proceeds. Five percent of the proceeds obtained from the collection of taxes pursuant to this section shall be paid to the City Clerk for costs of collection. Ninety-five percent of the proceeds obtained from the collection of taxes pursuant to this section shall be used in accordance with M.S. § 477A.018, as the same may be amended from time to time, to provide funding to Iron Trail Travel and Convention Bureau for the purpose of marketing and promoting the city as a tourist or convention center.
(O) Appeals.
(1) Any operator aggrieved by any notice, order or determination made by the City Clerk under this section may file a petition for review of such notice, order or determination detailing the operator’s reasons for contesting the notice, order or determination. The petition shall contain the name of the petitioner, the petitioner’s address and the location of the lodging subject to the order, notice or determination.
(2) The petition shall be filed with the City Clerk within ten days after the notice, order or determination for which review is sought has been mailed or served upon the person requesting review.
(3) Upon receipt of the petition, the City Clerk shall set a date and time for a meeting with the petitioner and shall give the petitioner at least five days’ prior written notice of the date, time and place of the meeting.
(4) At the meeting, the petitioner shall be given an opportunity to show cause why the notice, order or determination should be modified or withdrawn. If the meeting does not result in the matter being resolved to the satisfaction of the petitioner, the petitioner may appeal to the Council.
(5) A petitioner seeking to appeal a decision to the Council must file a written notice of appeal with the Council in care of the City Clerk, within ten days after the City Clerk’s decision following the meeting described in division (O)(4) above has been mailed to the petitioner. The matter will thereupon be placed on the Council agenda as soon as is practical. At least five days prior to the hearing before the Council, the City Clerk shall prepare and serve on the petitioner a memorandum of proposed findings of fact and conclusions of law. A copy of the memorandum shall be presented to the Council at the time of the appeal hearing. The Council shall then review the proposed findings of fact and conclusions to determine whether they are correct. Upon a determination by the Council that findings and conclusions are incorrect, the Council may modify, reverse or affirm the decision of the City Clerk based upon an application of this division (O) and the evidence presented.
(Am. Ord. passed 2-14-2023)
(A) No person, co-partnership or corporation shall hereafter use or operate or cause to be used or operated any motor vehicle carrying passengers for hire over or upon any public highway or street in the city, except trunk highways under the control of the state, unless the person, co-partnership or corporation shall first pay the license fee herein prescribed and secure a license from the city so to do in accordance with the provisions of this section.
(B) Application for the operation of a motor vehicle for hire shall be made in writing and filed with the City Clerk and shall state the kind of vehicle to be used, the vehicle identification number and the state license number, the seating capacity of the vehicle, the name of the owner or licensee and the nature of business proposed to be done. Each application shall be duly verified and shall be accompanied by a certificate signed by at least two resident taxpayers of the city, stating that they are acquainted with the applicant and that he or she is a fit and proper person to engage in the business.
(C) No such license shall be issued until the applicant shall obtain a policy of insurance through an insurance company authorized to do business under the laws of the state, insuring the person, co-partnership or corporation operating the vehicles against loss by reason of any damages that may result to any person or persons from the operation of the motor vehicle. The policy of insurance shall insure the operator in at least the minimum amount required by state statutes against claims for damage by reason of injuries to any one person injured or killed through the operation of the motor vehicle. The policy of insurance shall guarantee payment of any final judgment rendered against the owner or licensee of the motor vehicle within the limits hereinbefore provided, because of injury or damage resulting to any person or persons from the negligent operation of the motor vehicle. It shall be in a form satisfactory to the City Council which may require the licensee to replace the policy of insurance if the Council shall, at any time, deem it or the insurer thereon unsatisfactory or insufficient. The default or refusal of the licensee to comply with any such order of the Council shall be ground for revocation of the license of the licensee.
(1) As part of the application process, all parties seeking taxi licensure in the city must pass the state’s Department of Transportation’s annual vehicle inspection. As taxi vehicles do not qualify for a DOT number, they cannot be issued a state inspection decal.
(2) The city shall issue a taxi number identification sticker annually, once the vehicle passes the state safety inspection and provides the proper insurance certificate. This sticker must be adhered to the driver’s side rear window to the vehicle within five days of issuance.
(3) All taxi drivers must be at least 18 years old and pass a criminal background check by the city’s Police Department.
(4) The city shall issue a photo identification card for each driver, which must be displayed in a visible place in the taxi while the driver is on duty.
(5) The city will charge a non-refundable fee, set by City Council resolution, for each background check that is completed for potential taxi drivers.
(D) The insurance policy herein provided or a duly authenticated copy thereof shall be filed with the City Clerk; and shall contain a provision that it cannot be cancelled by the insurer without notice to the city. A current insurance card must be displayed in each taxi.
(Amended 5-1-2012)
(E) License fees.
(1) Annual, non-proratable fees for each taxi license shall be set in accordance with § 6.04.
(2) All taxi licenses shall expire on December 31 of each year.
(F) In any case in which any one person, co-partnership or corporation shall apply for license for more than one such motor vehicle, the person, co-partnership or corporation shall not be required to submit separate policies of insurance for each motor vehicle if it shall file with the city a blanket insurance policy covering all vehicles which gives to the licensee and to any person or persons injured because of the negligent operation of any motor vehicle at least the same amount of protection which is required by the provisions of this section.
(G) Upon compliance with the provisions hereof, the City Council, if it deems the applicant a fit person to engage in the business, may grant the license. Upon the license being granted by the Council, the Clerk shall issue the same and shall furnish to the licensee for each vehicle so licensed containing the number of the license and the period for which the vehicle is so licensed. The license shall, at all times, be displayed on the driver’s side rear window in the motor vehicle. All licensed taxis must be clearly marked as a taxi, with the business name identified on both sides of the vehicle.
(Amended 5-1-2012)
(H) This section shall not apply to the Dial-A-Ride service.
(I) Any license granted hereunder may be revoked by the Council at any time.
(J) (1) Taxi companies found to be in violation of this section within a 24-month period shall be administratively fined as follows:
(a) First offense: $75;
(b) Second offense: $200; and
(c) Third offense: $250 and revocation of license for one year.
(2) If the business gets their license back and receives another violation, the license will be revoked permanently. Failure to pay the fine within 30 days will result in suspension of license. Before any license is suspended or revoked under this section, the licensee shall be given notice of the accused violation and shall be given the right to request a hearing on the matter and to appeal the findings of the hearing on suspension or revocation. In the case of an administrative penalty, the hearing for the penalty may be the same as for the suspension or revocation.
(Amended 5-1-2012)
(K) This section shall be in force and effect from and after 1-1-2000. All licenses issued under any other ordinance of the city to any person to operate any motor vehicle for hire within the city shall be and hereby are revoked on that date.
(Adopted 12-14-1999)
(A) License required.
(1) No person or entity shall operate a TNC within the city without first having obtained a TNC license in accordance with this chapter.
(2) No vehicle shall be used as a TNC vehicle within the city except by a TNC endorsed driver authorized by a licensed TNC.
(3) A TNC vehicle shall be in compliance with all applicable requirements of this section at all times when its operator is active on the digital network.
(4) A TNC vehicle operated by a driver endorsed by a TNC not licensed by the city may enter the city to discharge passengers whose trip originated outside city limits.
(5) A TNC license issued pursuant to this section is non-transferable and terminates upon the sale, transfer, change of ownership or bankruptcy of the TNC.
(B) License application. An application for a TNC license or renewal of a TNC license shall be filed with the City Clerk upon forms provided by the city. Such applications shall be verified by the applicant or its duly authorized agent under oath and shall include, without limitation, the following information:
(1) If an individual or sole proprietorship: the name, address, telephone number and email address of the applicant.
(2) If a partnership, corporation, limited liability company or other entity: the name, business address, telephone number and email of the applicant, along with the name, address, telephone number and email for the applicant’s authorized agent as defined by this section.
(3) A description of the distinctive trade dress TNC vehicles shall display at all times while active on the TNC dispatch system, along with verification that the trade dress satisfies the requirements of division (T) of this section.
(4) Such further information as the Chief of Police or his or her licensing designee may reasonably require.
(C) License issuance. Before a TNC license is issued to any person or entity by the City Clerk, the application shall first be submitted to the City Clerk for approval or denial. The City Clerk shall not deny a license except for good cause. If the application is denied by the City Clerk, the applicant may, within ten days, appeal such denial to the City Council, which may by resolution approve the issuance of the license.
(D) License fees; expiration dates.
(1) Annual, non-proratable fees for each TNC license shall be set in accordance with § 6.04 of this chapter.
(2) All TNC licenses shall expire on December 31 of each year.
(E) Insurance required.
(1) TNC and TNC endorsed drivers shall be in compliance with the insurance requirements of M.S. § 65B.472, as it may be amended from time to time, at all times while providing prearranged rides or operating pursuant to any TNC license issued by the city.
(2) Prior to issuance of any TNC license under this chapter, the licensee shall submit proof of insurance to the licensing official showing satisfaction of the requirements of this section and applicable state law.
(3) TNC drivers shall carry proof of insurance satisfying this section at all times while engaged in providing prearranged rides, and shall produce proof of said insurance upon demand of an officer of the law.
(F) Transportation Network Company agents; appointment of City Clerk for service process.
(1) All TNCs must maintain a duly-authorized agent, as defined in this chapter, for service of process and receipt of any required notices from the city.
(2) TNCs shall provide current and updated contact information for the designated agent or agents responsible for receiving service of process and official notices from the city, responding to service-related investigations or complaints, cooperating with law enforcement investigations or inquiries, and managing record or audit requests from the licensing official in accordance with this chapter.
(G) Vehicle standards and inspection.
(1) Minimum vehicle standards; quality control. TNCs shall solicit feedback on vehicle quality after each trip. The TNC must implement a policy of evaluating and investigating negative feedback received about the condition of a vehicle and provide the licensing official with a copy of such policy. A TNC vehicle shall not be authorized or endorsed to provide prearranged rides within the city unless the vehicle is in compliance with all applicable local, state and federal laws respecting motor vehicles.
(2) All vehicles shall, without limitation, further comply with the following:
(a) Be in a thoroughly safe condition for the transportation of passengers. Every vehicle shall comply with all local, state and federal regulations relating to vehicle equipment, maintenance and safety. Further, all vehicles shall have a model year of ten years or less or 150,000 miles (as measured from June 30 of the calendar year following the model year);
(b) Be equipped with the prominently displayed and distinctive trade dress required by this section;
(c) Be equipped with at least four doors and meet all applicable federal motor vehicle safety standards for vehicles of its size, type and proposed use;
(d) Be equipped with a manufacturer’s rated seated capacity of seven persons or less, including the TNC driver;
(e) Be maintained in a clean and sanitary condition with regard to both the interior and exterior of the vehicle;
(f) Be substantially free from damage, dents, defects or unpainted or rusted metal. Any vehicle that is damaged, whether due to negligence, intentional conduct or other event, shall within 30 days of such damaging event, be repaired and restored to the standards set forth herein;
(g) Be equipped with windows in the rear and side of the vehicle complying with all applicable state or federal laws regulating size, dimensions and clarity;
(h) Be equipped with seat belts for all seating positions, which seat belts shall be openly displayed and readily available for use by occupants; and
(i) Be in compliance with the vehicle safety requirements set forth in M.S. §§ 169.46 through 169.75, as they may be amended from time to time, if applicable and as may be amended.
1. Annual inspection. Every TNC endorsed vehicle shall be inspected annually by an Automotive Service Excellence (ASE) certified mechanic to ensure compliance with the requirements of this section.
2. Inspection reports. The Chief of Police shall approve a TNC vehicle inspection report for use in completing the annual inspections required by this section. The report shall designate a category of equipment and body defects as “out of service” defects. TNCs shall not permit the provision of prearranged rides in vehicles bearing “out of service” defects until the defects are corrected.
(H) Seating capacity; passengers to ride on seats only. The passenger seating capacity of any TNC vehicle licensed under this section shall be no more than seven. No TNC driver shall carry any passengers or permit any passengers to ride anywhere except on the seats of the vehicle.
(I) Maximum passenger load. No person operating a TNC vehicle shall carry a greater number of passengers than the manufacturer’s rated seating capacity for such vehicle.
(J) Receiving and discharging passengers. No TNC vehicle shall take on or discharge passengers while in motion. All passengers shall be received and discharged at the curb or as near thereto as the vehicle can approach. Passengers shall be allowed to alight or board a TNC vehicle on the curb side only.
(K) Discrimination, refusal to transport orderly person prohibited; accessibility.
(1) No TNC driver shall refuse to transport any orderly person or persons.
(2) The TNC shall adopt a policy of non-discrimination on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity with respect to riders and potential riders and notify TNC drivers of such policy.
(3) TNC drivers shall comply with all applicable laws regarding non-discrimination against riders or potential riders on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity.
(4) TNC drivers shall comply with all applicable laws relating to accommodation of service animals.
(5) A TNC shall not impose additional charges for providing services to persons with physical disabilities because of those disabilities.
(L) TNC vehicle; commercial advertising. No TNC or TNC driver shall place commercial advertising material on or about any TNC vehicle in such a manner so as to obstruct the operator’s vision or otherwise interfere with the safe operation of the vehicle.
(M) Solicitation prohibited. No TNC driver shall solicit business for any hotel or motel, or attempt to divert patronage from one hotel or motel to another.
(N) Smoking, sale of liquor and use of TNC vehicle for prostitution prohibited. At any time while engaged in providing a prearranged ride, no person operating a TNC vehicle shall:
(1) Smoke, or permit the smoking of, a pipe, cigar, cigarette or electronic cigarette (e-cigarette). “Smoking” means inhaling or exhaling smoke or vapor from any lighted pipe, cigar, cigarette, e-cigarette or any other lighted or vaporized liquid, tobacco or plant product. Smoking also includes carrying a lighted or active cigar, cigarette, pipe, e-cigarette or any other lighted or active liquid, tobacco or plant product intended for inhalation;
(2) Sell or offer to sell any alcoholic beverages to any person; and
(3) Solicit business for any house of ill repute or permit any person to occupy or use his or her vehicle for the purpose of prostitution, or direct or transport or offer to direct or transport any person with knowledge or having reasonable cause to know that such directing or transporting is for the purposes of prostitution.
(O) Street hails, use of taxicab stands prohibited. TNC drivers shall not solicit or accept street hails or occupy or use taxicab stands established pursuant to the city code, as may be amended.
(P) Zero tolerance for drug or alcohol use.
(1) No TNC driver shall operate a TNC vehicle while under the influence of alcohol or a narcotic drug, and no TNC driver shall drink, ingest or be in possession of any alcoholic beverage or narcotic drug while engaged in such operation.
(2) The TNC shall implement a zero drug and alcohol tolerance policy regarding a TNC driver’s activities while active on the TNC dispatch network or engaged in supplying prearranged rides. The zero tolerance policy shall address the use of drugs or alcohol while a TNC driver is providing prearranged rides or is logged onto the TNC’s digital network but is not providing prearranged rides, and the TNC shall provide notice of this policy on its website, as well as procedures to report a complaint about a driver with whom a rider was matched and whom the rider reasonably suspects was under the influence of drugs or alcohol during the course of the trip.
(3) Upon receipt of a credible rider complaint alleging a violation of the zero tolerance policy, the TNC shall immediately suspend such TNC driver’s access to its digital network, and shall conduct an investigation into the reported incident. The suspension shall last the duration of the investigation and be made permanent upon a finding of any violation of this section.
(4) The TNC shall maintain records relevant to the enforcement of this requirement for a period of at least three years from the date that a rider complaint is received by the TNC.
(Q) TNC driver requirements; license, identity and endorsement required prior to start. No person shall drive a TNC vehicle, and no person or entity holding a TNC license or TNC vehicle license shall permit the TNC vehicle covered by such license to be driven, unless the driver of such TNC vehicle shall have then in force a valid driver’s license.
(R) Criminal background check; driving record and offenses.
(1) Before allowing a driver to accept trip requests through a TNC’s digital network:
(a) The individual shall submit information to the TNC including, at a minimum, information regarding his or her past and present legal name or names, address, age, driver’s license status, driving history, motor vehicle registration, automobile liability insurance, and any other information required by the TNC or the provisions of this section;
(b) The TNC shall conduct, or have a third party conduct, a local and national criminal background check for each driver that shall include searches of:
1. The offenses listed and described in M.S. § 299C.67, subd. 2, as it may be amended from time to time;
2. The applicant’s driving record in all states where the applicant has held a driver’s license in the past five years;
3. A multi-state/multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation (primary source search); and
4. A national sex offender registry database.
(c) The TNC shall obtain and review a driving history and criminal background check report or reports for all applying drivers reflecting the results of the above search(es).
(2) The TNC shall not permit an individual to act as a TNC driver on its digital network who:
(a) Has had more than three moving violations in the prior three-year period, or one major violation in the prior three-year period (including, but not limited to, attempting to evade the police, reckless driving, or driving on a suspended or revoked license);
(b) Has been convicted, within the past seven years, of driving under the influence of drugs or alcohol, fraud, sexual offenses, use of a motor vehicle to commit a felony, a crime involving property damage, and/or theft, acts of violence, or acts of terror;
(c) Is a match in the national sex offender registry database;
(d) Does not possess a valid driver’s license;
(e) Does not possess proof of registration for the motor vehicle(s) used to provide prearranged rides;
(f) Does not possess proof of automobile liability insurance for the motor vehicle(s) used to provide prearranged rides; or
(g) Is not at least 19 years of age.
(S) Identification of TNC vehicles and drivers. A TNC’s mobile application or website shall display a picture of the TNC driver and identify the make and model of the TNC vehicle, including license plate number, that the TNC driver will use to supply the prearranged ride before the prearranged ride begins.
(T) Distinctive trade dress.
(1) A TNC vehicle shall display consistent and distinctive signage or emblem at all times while the driver is active on the TNC dispatch system or engaged in supplying prearranged rides. The distinctive signage or emblem shall be sufficiently large and color contrasted:
(a) As to be readable during daylight hours at a distance of at least 50 feet; and
(b) Reflective, illuminated or otherwise patently visible so as to be seen in darkness.
(2) Acceptable forms of distinctive signage include, but are not limited to, symbols or signs on vehicle doors, roofs, windshield, or grilles. Magnetic or other removable distinctive signage is acceptable. Licensees shall file an illustration of their distinctive trade dress with the City Clerk.
(3) No TNC or TNC driver shall operate or permit the operation of any TNC vehicle unless the trade dress satisfies the minimum requirements of this section and matches the information supplied with the TNC application.
(4) With the written approval of the City Clerk, subject to review by the City’s Chief Administrative Officer, a TNC may amend its previous application form to update the information provided in satisfaction of the requirements of this section.
(U) TNC service charges and fare rates; receipts.
(1) Fares; pre-ride estimates. Transportation network vehicles shall be for hire at a fare rate or structure that is available to the passenger for review in advance of requesting the trip. The TNC must provide a passenger with the total fare, or a means to obtain a fare estimate under the current fare structure, inclusive of any dynamic pricing, that will be applied to the trip prior to the passenger’s acceptance.
(2) Within a reasonable period of time following the completion of a trip, a TNC shall transmit an electronic receipt to the rider or riders listing:
(a) The origin and destination of the trip;
(b) The total time and distance of the trip;
(c) An itemization of the total fare paid, including base fare and any additional charges, if applicable;
(d) The driver’s first name;
(e) The vehicle license plate number; and
(f) A means of contacting the TNC for customer service.
(V) Records, city authority to audit.
(1) A TNC shall maintain the following records applicable to the operation of its digital network within the city for a minimum of three years:
(a) Individual trip records for prearranged rides originating within the city;
(b) TNC vehicle inspection reports obtained from ASE certified mechanics pursuant to the requirements of this section;
(c) Documentation evidencing insurance coverage obtained pursuant to the requirements of this section;
(d) Records reflecting complaints received by the TNC in relation to any of its endorsed drivers supplying a majority of his or her prearranged rides within the city including, without limitation, complaints resulting in an investigation in according with division (X) of this section, temporary or permanent removal of the driver from the TNC’s network, or other corrective action; and
(e) Records reflecting the TNC’s suspension or termination of its relationship with any endorsed drivers supplying a majority of his or her prearranged rides within the city for violations of any of the provisions of this chapter or any other applicable local, state or federal law.
(2) A TNC shall maintain records obtained pursuant to the requirements of divisions (Q) and (Q)(1) of this section at all times during a TNC driver’s affiliation with the TNC and, thereafter, for a minimum of three years following the date on which the driver’s affiliation with the TNC ends.
(3) Upon request, any or all records listed herein shall be submitted for inspection to the city’s designated licensing official at such times, and in such format and manner, as may be prescribed by the licensing official.
(4) The licensee agrees to provide the city, with ten business days from the date of request or appropriate service of process, if applicable, any and all records pertaining to specific complaints, criminal or administrative proceedings arising out of a TNC or TNC driver’s operations within the city.
(5) Data provided to the city pursuant to this section is governed by the provisions of the Minnesota Government Data Practices Act, being M.S. Ch. 13, as it may be amended from time to time. To the extent permitted by law, data provided by the licensee to the city pursuant to this section shall be deemed not public data.
(W) License suspension and revocation.
(1) The Chief Administrative Officer of the city is hereby given authority to suspend any license issued under this section for cause for a period of not more than 30 days. A hearing upon five days’ notice to the licensee shall be required prior to such a suspension.
(2) The Chief Administrative Officer of the city is hereby given authority to revoke any license issued under this section for cause after hearing upon five days’ notice to the licensee. The licensee may, within 30 days, appeal the revocation to the City Council, which shall give the licensee an opportunity to be heard at its next regular meeting following the appeal. The City Council may, at such meeting, reinstate the license by resolution.
(3) Sufficient cause for suspension or revocation shall include, but not be limited to, the following:
(a) Violation of any of the provisions of this section by a TNC; and
(b) Violation of any other local, state or federal law that relates to the licensed business by a TNC.
(X) Complaint investigation.
(1) Prior to TNC license suspension or revocation affecting all TNC endorsed drivers operating in the city, the Chief Administrative Officer may, but is not required to, at his or her discretion, request a licensee to investigate whether a complaint or service-related issue may be resolved, in accordance with the provisions of this section or a TNC’s own internal policies and procedures, by suspending the access of one or more endorsed drivers from the TNC’s digital network or other appropriate means.
(2) Within ten business days from receipt of a complaint or request from the city’s Chief Administrative Officer seeking investigation pursuant to this section, a TNC shall provide the city with written notice of its determination.
(3) Each TNC shall provide the city with contact information for the duly-authorized agent designated to receive and respond to requests under this section.
(Y) Enforcement.
(1) Any person violating any section of this chapter shall be guilty of a misdemeanor and may be fined as provided in § 6.43(J). All city approvals and licenses shall be suspended until the violation(s) of this chapter are corrected. Nothing in this section shall preclude the city from concurrently seeking the enforcement of the provisions of this chapter in a court of competent jurisdiction by civil action to enjoin any continuing violation(s) in accordance with subsection (2) below;
(2) A violation of this chapter is deemed a per se public nuisance authorizing the city to seek abatement through injunctive relief or any other appropriate remedy from a court of competent jurisdiction. All city approvals and licenses shall be suspended until abatement of the nuisance condition(s). Nothing in this section shall preclude the city from concurrently seeking the enforcement of the provisions of this chapter by criminal prosecution or administrative fine.
(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
EMPLOYEE. A person who is paid an hourly wage by a licensee for performing work in licensee’s massage establishment.
MASSAGE.
(a) Scientific manipulation of the soft tissue of the body of one person with the hands of another person for the purpose of relaxation or therapy.
(b) The practice of
MASSAGE is declared to be distinct from the practice of medicine, surgery, osteopathy, chiropractic, nursing, physical therapy or podiatry by persons duly licensed or registered in the state to practice such, and does not include athletic directors and trainers employed by a school or bona fide athletic team, beauty culturists or barbers.
MASSAGE ESTABLISHMENT. Any business establishment having a fixed place of business where any person engages in, or permits another person to be engaged in, the massage of clients, including health clubs, beauty salons, saunas and steam baths that offer massage therapy, but excluding residential premises where massage therapy if practiced as a home occupation.
(B) License required. No person shall engage in the business of operating a massage establishment either exclusively or in connection with any other business enterprise without first obtaining a license for each massage establishment.
(C) Application for license. Application for a massage establishment license shall be made to the City Clerk on forms supplied by the Clerk. It shall contain the following information:
(1) A description of services to be provided;
(2) A description and location of the premises to be licensed;
(3) The full names and addresses of the property owner, business owner, lessee and manager, operator and the date of birth of each;
(4) If applicant is a corporation, the names and residence addresses of each of the officers and directors of the corporation and of each stockholder owning more than 10% of the stock of the corporation, and the address of the corporation itself, if different from the address of the massage establishment;
(5) If applicant is a partnership, the names and residence addresses of each of the partners, including limited partners, and the address of the partnership itself, if different from the address of the massage establishment;
(6) Whether any of the aforementioned individuals have ever been convicted of any crime or offense other than a traffic offense and, if so, a description of the offense as to time, place, date and disposition;
(7) Whether any of the aforementioned individuals has ever held a license to run a massage establishment or similar business in another jurisdiction and, if so, whether the license was ever revoked, suspended or denied; and
(8) The method of payment under which massage therapists are paid and the economic basis upon which massage therapists are paid.
(D) License fee and license year; separate license required for each place of business; display of license. The annual license fee shall be set at $50. A separate license shall be obtained for each place of business. The licensee shall display the license in a prominent place on the licensed premises at all times. A license, unless revoked, is for the one year, or part thereof, for which it has been issued.
(E) Issuance.
(1) No license under this section shall be issued unless it is approved by the City Clerk upon advice from the Police Department and unless the establishment has passed fire and health inspections. The City Clerk shall not approve any license if he or she has reasonable grounds to believe:
(a) The granting of the license would result in violations of the law;
(b) The license application contains false or misleading statements; and
(c) Other good cause exists for denying the license.
(2) If the Chief of Police or City Clerk finds that they do not have adequate information to evaluate a license application, they may hold the application for up to 30 days for further investigation. During this period they may direct the applicant, manager or agent to appear at any reasonable time and place to give, under oath, information concerning the application. No license shall be granted to any applicant who refuses to appear and cooperate with the investigation.
(F) Massage therapists; employment relationships; licenses required.
(1) No massage establishment licensee shall permit any person to perform a massage in the licensee’s massage establishment unless the person is an employee of the licensee and unless the person is licensed as a massage therapist as provided herein. No person shall massage another for compensation unless the person has obtained a massage therapist license as provided herein and unless the person is the licensee of the massage establishment or an employee of the licensee of the massage establishment or is lawfully engaging in a massage practice as a home occupation.
(2) Massage therapist licenses shall be issued by the City Clerk after approval by the Chief of Police. Applicant must be 18 years of age or over, of good moral character and eligible for a license under the terms of M.S. Ch. 364, as it may be amended from time to time, and the provisions of this section. The applicant must also have successfully completed a course of study in massage of not less than 500 hours from a recognized school where the theory, method, profession or work of massage is taught; except that, any person licensed as a massage therapist before 7-15-2001 may continue to receive a license notwithstanding the fact the therapist has less than 500 hours of training. The applicant shall submit a diploma, certificate or other written proof of educational attainment with the application, including the name and address of the school.
(3) An application for the license shall be filed with the City Clerk, which application shall state the name, address, date of birth, criminal record and other pertinent information as required by the Chief of Police. Upon receipt of the application, the Chief of Police shall cause all necessary investigations to be made so that he or she may approve or disapprove of the license.
(4) The fee for the license shall be set in accordance with division (D) above. The license year shall be from January 1 to December 31 and shall not be prorated.
(G) Prohibited acts.
(1) No massage establishment shall:
(a) Remain open between 1:00 a.m. and 6:00 a.m. on any day;
(b) Hire as a massage therapist any person who is not licensed pursuant to this section;
(c) Require or permit any massage therapist to pay any fee, rent or sum of money for the right to perform massages in the massage establishment or require massage therapists to pay any other fee as a term or condition of employment;
(d) Allow any alcoholic beverages to be kept, sold, dispensed or consumed on the premises; and
(e) Permit massages to be given in any cubicle, room or booth with a locking door.
(2) No massage therapist shall:
(a) Massage or offer to massage the genital area of any customer; and/or
(b) Perform or offer to perform any act prohibited by the city code.
(H) Massage therapists not to live on licensed premises.
(1) No massage therapist shall maintain his or her living quarters on the licensed premises of any massage establishment.
(2) No license shall be granted to any massage therapist who does not maintain separate living quarters from the rooms where massages are performed, unless the massage therapist is lawfully engaging in a massage practice as a home occupation.
(I) License to maintain order on premises. The licensee, or, in the case of a corporate licensee, the manager of any massage establishment, shall personally supervise the business operations and shall have a non-delegable duty to ensure that no acts of prostitution, sexual misconduct or other violations of this section occur on the licensed premises. To this end, every act done in violation of this section on the licensed premises by an employee, manager or agent of the licensee, shall also be deemed to be an act of the licensee.
(J) Suspension and revocation of licenses. The City Clerk may revoke or suspend any license issued pursuant to this section if, after giving the licensee an opportunity to be held on the matter, he or she finds:
(1) The licensee has violated a provision of this section or any other law relating to the conduct of its operation including, but not limited to, state, federal or local laws on morals, prostitution, health, fire safety or liquor;
(2) The licensee secured the license through misrepresentation or fraud or misstated any material fact in the application;
(3) Failure of the licensee to cooperate with police, fire or health officers in any investigation relating to their operations or failure to admit police officers into the establishment at any time when people are present in the establishment;
(4) The establishment is operated in such a way as to endanger public health or safety; and/or
(5) The establishment is operated in such a way as to constitute a public nuisance.
(K) Appeals. Any person aggrieved by a licensing decision of the City Clerk under this section may appeal the decision to the City Council by filing written notice of appeal with the City Clerk within 15 days after the decision is rendered.
(Adopted 2-22-2005)
(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
AUTHORIZED AGENT. An individual with legal authority and capable of executing documents for the sale of the buildings and authority over the proceeds of such sale.
BUILDING. Any structure intended for supporting or sheltering any use or occupancy, including the land surrounding the structure. If the building is a multi-unit residential dwelling, a hotel or motel, or a commercial or office building, the term “building” means only the portion of the building within or outside the structure in which a nuisance is maintained or permitted; such as a dwelling unit, room, suite of rooms, office, common area, storage area, garage, or parking area.
COMMERCIAL BUILDING. Any nonresidential structure, the surrounding land and accessory use structures.
FIRE CERTIFICATE OF OCCUPANCY. A document or emblem issued by the City Fire Chief indicating the existing structure complies with all state and local safety codes allowing its use as a commercial building or for residential occupancy.
FIRE CHIEF. The City Fire Chief and his or her designee, including any enforcement officer under his or her supervision or direction, or other duly authorized representative. The fire certificate of occupancy program shall be issued under the authority of the Fire Chief.
INTERESTED PARTY. Any known lessee or tenant of a building or affected portion of a building; or any known agent of an owner, lessee, or tenant; or any other known person.
NUISANCE ACTIVITY. Acts constituting a nuisance under M.S. § 617.81, subd. 2, or two or more violations within a period of 12 months of nuisance provisions of this code.
OWNER. The person, firm, corporation or other entity listed in the records on file in the Recorder’s office as holding fee title to the building. For purposes of notice only, the term “owner” includes the owner’s authorized agent or other person in control of the premises.
OWNER-OCCUPIED. Residential dwellings which are the principal residence of the owner of the building and in which the owner resides.
PARTIAL FIRE CERTIFICATE OF OCCUPANCY. A document issued by the City Fire Department indicating that a portion of an existing structure complies with all state and local safety codes allowing its use as a commercial building or for residential occupancy. The partial fire certificate of occupancy shall describe specifically which portion of the building is approved for occupancy.
PROPERTY MANAGER. An individual with the legal authority to make and act on decisions of tenancy, building maintenance and repairs relating to applicable safety codes.
RECORDER’S OFFICE. The county department of property records and taxation, or its division which maintains title and property records, and any successor agency or department thereof.
RENTAL DWELLING UNIT. Any room, or space, in any dwelling designed or used for residential occupancy by one or more persons who are not the owner.
RESIDENTIAL OCCUPANCY. Occupancy in a building or portion thereof, for residential purposes, used or intended to be used for living, sleeping, or cooking or eating purposes.
SAFETY CODE. Any fire, housing, health, safety, zoning, property maintenance, or other similar code, law and ordinance, promulgated or enacted by the United States, the state, the county and the city, or any lawful agency or department thereof, which are applicable to a building in such city.
(B) Required; violations constitute misdemeanor.
(1) Except as otherwise provided in this section, all buildings in the city that are utilized to conduct business or commerce are required to have and maintain a fire certificate of occupancy, issued by the Fire Chief or his or her designee. The certificate shall be an indication that the building meets, at the time of issuance and approval, all relevant safety codes to maintain the health, safety and welfare of the building’s occupants and the general public.
(a) Owner-occupied single-family houses, owner-occupied portions of duplexes, and owner-occupied condominium units shall be exempted from the requirement to have and maintain a fire certificate of occupancy.
(b) A building or portion thereof which receives a certificate of occupancy from the city’s building official upon completion of construction or major rehabilitation shall simultaneously receive a fire certificate of occupancy from the Fire Chief if its use or occupancy so requires.
(c) Buildings which have a change in use or occupancy shall become subject to the fire certificate of occupancy requirement.
(d) Commercial buildings and residential occupancies shall be subject to the ongoing requirement to maintain a fire certificate of occupancy. These buildings shall be issued fire certificates of occupancy and shall be subject to regular inspection, based on the date of the building’s last complete certificate of occupancy inspection, subject to the terms of this section.
(2) It is a misdemeanor to rent or lease, or permit the occupancy of, a building or structure or portion thereof for use as a commercial building which does not have a fire certificate of occupancy.
(C) Illegal occupancy. No business shall occupy any building which does not have a fire certificate of occupancy.
(D) Other city licenses and permits. An ongoing failure to comply with any requirement of this section shall provide a sufficient basis for the denial of any license or permit otherwise required under this code.
(E) Appeal to Administrative Review Board. Orders of the Fire Chief or his or her designee relating to fire certificates of occupancy are subject to the procedures for appeal set forth in this code.
(F) Applicability of other laws. Nothing in this section is intended to waive, replace or amend the applicability or enforcement of any other law, ordinance or regulation applicable to commercial buildings and residential dwellings, including, but not limited to, zoning, nuisance abatement, or licensing ordinances.
(G) Issuance and renewal.
(1) Information and application. Owners or interested parties of all buildings subject to the fire certificate of occupancy requirement shall apply for a fire certificate of occupancy. The application shall be provided by the Fire Chief and includes, at a minimum, the following information:
(a) A description of the building;
(b) The name, address and 24-hour telephone numbers of the owners;
(c) The name, address and telephone numbers of the property managers and their 24-hour telephone numbers; and
(d) Such additional property and property management-related information as will promote effective enforcement of this section, as required by the Fire Chief.
(2) Inspection. Prior to obtaining a fire certificate of occupancy, all buildings shall obtain a code compliance inspection to determine whether the building is in compliance with all safety codes.
(3) Issuance. Upon a finding of no violations of the provisions of state and local safety codes, the fire chief shall issue a fire certificate of occupancy that shall contain the following:
(a) The type of occupancy with occupancy load, including number of businesses, dwelling, rooming or guest units;
(b) The address of the building;
(c) The name and address of the owners and property managers;
(d) A description of that portion of the building for which the certificate is issued;
(e) A statement that the described portion of the building has been inspected for compliance with the requirements of state and local safety codes for the group and division of occupancy and the use for which the proposed occupancy is classified; and
(f) The name of the Fire Chief.
(4) Smoke and carbon monoxide alarms required. Where required, no fire certificate of occupancy shall be issued unless such building has proper, adequate and operable smoke alarms and carbon monoxide alarms.
(5) Posting. The fire certificate of occupancy provided by the Fire Chief shall be posted in a conspicuous place on the building and shall not be removed except by the Fire Chief.
(6) Effect of issuance. Issuance of a fire certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid.
(7) Renewal. All fire certificates of occupancy shall be renewed every calendar year.
(H) Owner’s duties and responsibilities.
(1) Notice. The owner or interested party for which a fire certificate of occupancy has been issued is under a continuing obligation to give written notice to the Fire Chief of any changes in the information supplied as part of the application for the certificate. This includes any changes or modifications of ownership of the building, and any change in use or occupancy status of the building.
(2) New owner. A new owner of a building with a fire certificate of occupancy shall file with the Fire Chief a written application for a modification of the certificate if such premises is still being used or occupied under an existing certificate. Such application shall be filed within 30 days after such new owner obtains new ownership in the building, whether or not such interest has been recorded.
(3) Change of use. Changes in the use of a building shall not be made without the approval of the Fire Chief or his or her designee, and the building may be occupied for other purposes provided the new or proposed use is less hazardous, based on life and fire risk, than the existing use. If the use or occupancy of a fire certificate of occupancy premises changes, it shall immediately be required to meet all requirements of law, including the requirement for a certificate of occupancy, before being used for such new or changed use. No change in the existing occupancy classification of a building or structure or portion thereof shall be made until the Fire Chief or his or her designee has issued a fire certificate of occupancy therefore as provided herein. Dwelling units located within a commercial structure shall be exempted from this requirement if the residence is less than 50% of the overall structure. Properties occupied by an owner shall be exempted from this requirement if the residence contains one or two dwelling units. The term “owner” means a natural person, and does not include a corporation, partnership or other entity.
(4) Posting. The fire certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the Fire Chief or his or her designee.
(I) Fees.
(1) The city shall be entitled to collect its costs and assessed fee regarding fire certificate of occupancy inspections and reinspection. The fees associated with the fire certificate of occupancy program shall be a debt owed to the city, and unpaid costs shall be collected by special assessment under the authority in M.S. § 429.101 and as provided in this code. Action under this section does not preclude any other civil or criminal enforcement procedure available to the city.
(2) If charges assessed under this section are not paid by the owner or interested party in a timely fashion, the city shall collect such costs by assessment against the real property receiving these inspections and reinspection services.
(J) Inspections.
(1) Scope of inspection. The Fire Chief or his or her designee is authorized, in conformity with this chapter, to inspect all buildings, whether having a fire certificate of occupancy hereunder or not. The inspection may include the building or structure, the land upon which it is located and accessory uses or structures. All inspections authorized by this chapter shall be limited to those which are done for the purpose of seeking compliance with applicable safety codes, and shall take place only at reasonable hours or as may otherwise be agreed upon by the owner and the Fire Chief or his or her designee.
(2) Notice of violations. The Fire Chief or his or her designee shall give written notice to the owner, or any known interested parties, of any violations of the applicable safety codes which are discovered during any inspection.
(3) Administrative search warrant. Access during reasonable times shall not be denied by any owner, occupant or other person in charge of the premises. The Fire Chief may obtain a search warrant where probable cause exists to believe that the premises are in violation of this section; provided, however, that no search warrant is needed for entry where an emergency condition exists and sufficient time to obtain a warrant is unavailable.
(K) Notice of violation; reinspection; correction orders.
(1) When the Fire Chief or his or her designee conducts an initial inspection of a building and determines that violations of safety codes under the jurisdiction of the Fire Chief exist, the Fire Chief shall, in addition to any other action that the Fire Chief or his or her designee may undertake, serve written notice of the violation in conformance with the requirements set forth in this section.
(2) The Fire Chief or his or her designee may require an inspection following a complaint or referral. If the Fire Chief finds a violation of safety codes during a referral or complaint-related inspection, the fire chief will issue correction orders. If the violation is not corrected by the compliance date provided in the notice of violation, the building owners shall be assessed fees for any necessary reinspections.
(3) Fees for the fire certificate of occupancy inspection and associated reinspections are the responsibility of the building owner and shall be paid within the time periods identified in the notice of violation.
(L) Other penalties. A violation of, or failure to comply with, any section, provision or requirement in this section shall be a misdemeanor. This section is a part of the city health, safety, housing, building, fire prevention and housing maintenance codes, and a violation shall be deemed to be a violation for purposes of state statutes allowing escrow of rent to remedy violations.
(M) Grounds for revocation. The Fire Chief or his or her designee may, by written notice to the owners, and to interested parties known to the Fire Chief or his or her designee, deny, suspend or revoke a fire certificate of occupancy when:
(1) The certificate was issued in error, or on the basis of incorrect information supplied;
(2) The owners and/or interested parties have submitted a false, incomplete or inaccurate statement as a part of the application for certificate;
(3) The owner or interested party has failed or refused to pay fees to the city for inspections or certificates;
(4) It is found, upon inspection of the Fire Chief or his or her designee, that the building or occupancy is in violation of provisions of this or other applicable safety codes, ordinances, rules and regulations;
(5) The owner, in a material matter, fails to comply with the regulations in this chapter and with other applicable regulations in other chapters of this code, or in situations where the Fire Chief or his or her designee, after a good faith effort, cannot identify an owner or interested party;
(6) The nonresidential building or structure becomes unoccupied; or
(7) There is evidence of nuisance activity subject to the procedure provided below.
(N) Form of notice of suspension, revocation or denial. When the Fire Chief or his or her designee revokes, suspends or denies a fire certificate of occupancy for safety code violations, the notice issued by the Fire Chief shall include the following:
(1) The specific reasons for the city’s suspension, revocation or denial of the fire certificate of occupancy;
(2) The effective date of the revocation, suspension or denial of the fire certificate of occupancy;
(3) A statement that the commercial building or residential occupancy, or portion thereof, shall not again be used or occupied until such time as the certificate is issued or renewed or suspension lifted following inspection and a determination by the Fire Chief or his or her designee that the commercial building or residential occupancy, or portion thereof, is in compliance with applicable safety codes under the jurisdiction of the Fire Chief; and
(4) A statement indicating that the suspension, revocation, or denial may be appealed to the Legislative Hearing Officer within ten days of issuance.
(O) Nuisance activity prohibited; abatement procedure. When the Fire Chief or his or her designee determines, in consultation with the City Attorney, that he or she has evidence of nuisance activity as described in M.S. § 617.81, subd. 2, or other violations of nuisance provisions of this code are maintained or permitted in the jurisdiction he or she serves, the Fire Chief shall provide the written notice by personal service or certified mail, return receipt requested, to the owner or interested parties known to the Fire Chief. Notice under this section shall:
(1) State that a nuisance is maintained or permitted in the building or structure and specify the kind of nuisance being maintained or permitted;
(2) Summarize the evidence that a nuisance is being maintained or permitted in the building or structure, including the dates on which the nuisance-related activity is alleged to have occurred;
(3) Inform the recipient that failure to abate the conduct constituting the nuisance or to otherwise resolve the matter with the Fire Chief or his or her designee by entering into an agreed-upon abatement plan within 30 days of service of the notice will result in recommending the suspension or revocation of the fire certificate of occupancy to the City Council, or referring the matter to the prosecuting attorney who serves in the jurisdiction for remedies in accordance with M.S. § 617.80 et seq. which could result in enjoining the use of the building or structure for any purpose for one year, or in the case of a tenant, could result in cancellation of the lease; and
(4) Inform the owner or interested party of the options available under M.S. § 617.85, which provides that the owner of the building which is subject to a district court abatement proceeding may file a motion before the court that has jurisdiction over the abatement proceeding to cancel the lease or otherwise secure restitution of the premises from the tenant or lessee who has maintained or conducted the nuisance. The owner or interested party may assign to the prosecuting attorney the right to file this motion.
(a) If the recipient of a notice under this section either abates the conduct constituting a nuisance or enters into an agreed-upon abatement plan within 30 days of service of the notice and complies within the stipulated time period, the Fire Chief may not take action to suspend or revoke the fire certificate of occupancy on the specified property regarding the nuisance activity described in the notice.
(b) If the recipient fails to abate the nuisance within 30 days of service of the notice, or fails to comply with the agreed-upon abatement plan, the Fire Chief or his or her designee will refer the matter to the City Council recommending suspension or revocation of the fire certificate of occupancy or refer the matter to the prosecuting attorney in accordance with M.S. § 617.80 et seq.
(P) Effect of voluntary vacation of premises. No suspension, revocation or denial of the fire certificate of occupancy shall be imposed upon any owner or interested party who serves written notice upon the city stating an intent to permanently vacate the premises within 30 days of the receipt of the notice of suspension, revocation or denial. Written notice of intention to vacate, which must include the date of vacation, must be filed with the Building Official within ten days from the receipt of the notice and shall include proof that notice of eviction was served upon the occupants of the premises if other than the owner.
(Q) Stay pending appeal.
(1) Enforcement proceedings on the suspension, revocation or denial of the fire certificate of occupancy, or orders to correct violations, shall be held in abeyance if the owner shall file an appeal to the legislative hearing officer within ten days of receiving the written order issued by the enforcement officer, except in the case of an order to vacate a structure which is deemed to be in an unsafe condition and dangerous to life or limb, the enforcement officer shall proceed to order the building vacated until it is made safe or a final determination is made by the legislative hearing officer allowing reoccupancy of the building. This decision shall be presented to the City Council for ratification at its next available public hearing.
(2) Abeyance of enforcement proceedings shall continue until such time as the hearing officer shall have issued a final determination or in the event the owner should not prosecute the appeal in a timely fashion.
(R) Reinstatement and occupancy following suspension or revocation.
(1) First suspension or revocation. If a fire certificate of occupancy is suspended or revoked for a building, or portion thereof, that building, or portion thereof, shall not be occupied until such time as the fire certificate of occupancy is reinstated.
(2) Second suspension or revocation. If a fire certificate of occupancy is suspended or revoked for a second time within a two-year time period under the same ownership, the building for which it was issued shall not again be occupied until such time as the Fire Chief or his or her designee has determined that the building is in compliance with applicable safety codes and the owner has posted a $5,000 performance deposit or bond to offset potential city expenses associated with abating nuisance conditions. The deposit shall be returned to owner upon completion of two years with no code violations requiring city abatement.
(3) Third suspension or revocation. If a fire certificate of occupancy is suspended or revoked for a third time within a three-year time period under the same ownership, the building for which it was issued shall not again be occupied until a nuisance abatement plan is developed by the property owner, reviewed by the Code Official and approved by the City Council. If a nuisance abatement plan is not developed and approved, the premises for which the fire certificate of occupancy was issued shall not again be used or occupied for a period of six months.
(Ord. passed 10-22-2019)
Cross-reference:
Board of Appeals, see § 2.30
§§ 6.47 THROUGH 6.98 RESERVED FOR FUTURE EXPANSION.
Every person violates a section, division, paragraph or provision of this chapter when he or she performs an act thereby prohibited or declared unlawful, or fails to act when the failure is thereby prohibited or declared unlawful and, upon conviction thereof, shall be punished as for a misdemeanor, except as otherwise stated in specific provisions hereof.