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The purpose of this subchapter is to provide safeguards to protect life, health, property, and public welfare of the citizens of the city by regulating the use, occupancy, location, and upkeep of all residential rental property, buildings and structures within the limits of the city. It is the desire of the city to protect the interests of the property owner, the tenant, adjoining property owners, and the community. Objectives of this subchapter include, but are not limited to the following:
(A) Protect and preserve the stability of residential areas of the city.
(B) The prevention and correction of housing conditions that adversely affect life, safety, health, and general well-being of residents.
(C) The prevention of blighted and deteriorating housing in the city.
(D) The prevention of overcrowding of rental dwellings.
(E) The preservation of the value of land and buildings in the city.
(Ord. 85, passed - -2020)
This subchapter applies to all buildings which are rented in whole or in part as a dwelling for persons other than the property owner’s family as defined herein. It includes accessory structures such as garages and storage buildings. This subchapter does not apply to Waldorf Department of Health licensed rest homes, convalescent facilities, nursing homes or hotels and motels.
(Ord. 85, passed - -2020)
This subchapter shall be enforced in a non-discriminatory manner and exclusively for the purpose of promoting public welfare. The city neither expressly nor by implication assumes any obligations or liabilities respecting such private rights and disputes, including those which involve or arise out of the non-conformity of any premises in the city to the provisions of this subchapter.
(Ord. 85, passed - -2020)
The following terms, as used in this subchapter, shall have the meanings stated.
APPLICANT. Any person making application for a license under this subchapter.
APPLICATION. A form with blanks or spaces thereon, to be filled in and completely by the applicant as his or her request for a license, furnished by the city and uniformly required as a prerequisite to the consideration for the issuance of a license for the rental of residential property.
CONTRACT FOR DEED. Means an executor contract for the conveyance of residential real property under which the seller provides financing for the purchase of the residential real property and under which the purchaser does or has a right to go into possession.
DWELLING. A building, wholly or partly used or intended to be used for living, sleeping, purposes by human occupants; but not including rest homes, convalescent homes, nursing homes, hotels, motels, bed and breakfasts, and the like.
DWELLING, DUPLEX/TWO-FAMILY. A building on one lot with one legal description and one owner, which has been divided into two separate dwelling units with two separate entrances, intended for occupancy by two separate families.
DWELLING, MULTI-FAMILY. A building designed exclusively for occupancy by three or more families living independently of each other, with separate housekeeping and separate cooking facilities for each.
DWELLING, SINGLE-FAMILY. A detached dwelling designed exclusively for occupancy by one family.
DWELLING, TWIN HOME. A building containing two separate dwelling units with a shared or common wall; located on two separate lots with two separate legal descriptions and two separate (different) owners.
DWELLING UNIT. A room or group of rooms within a dwelling, forming a single habitable unit.
EGRESS. An arrangement of exit facilities to assure safe means of exit from a building with specific dimensions as required by the city.
FACILITIES. Licensed by the State of Minnesota as institutional occupancies or dormitories. May also be called a RESIDENCE, RESIDENTIAL FACILITY, or RESIDENTIAL BUILDING.
FAMILY. An individual or two or more persons related by blood, marriage, adoption, and foster children.
FAMILY (FUNCTIONAL). A collective group of unrelated persons residing in a single dwelling unit, limited to not more than two adult persons, together with their traditional family members of any age. (See also the definition for UNRELATED PERSONS.)
FAMILY (TRADITIONAL). One or more persons related by blood or marriage residing in a single dwelling unit.
HEARING EXAMINATION BOARD. Includes rental housing inspector, council member, Zoning Administrator and law enforcement official.
INSPECT ON COMPLAINT. An inspection initiated by a complaint filed by the owner, tenant, neighbor, concerned individual, or the city.
LICENSE. A document issued by the city to an applicant permitting him or her to rent residential property.
LICENSEE. An applicant who, pursuant to his or her application, holds a valid, current, unexpired, and unrevoked license from the city allowing him or her to rent residential property.
LICENSE FEE. The money paid to the city pursuant to an application and prior to issuance of a license to rent residential property.
MANAGER, CARETAKER. Any person who has charge, care or control of a structure, or part thereof, in which rental dwelling units are let.
NUISANCE. For the purpose of this subchapter, a nuisance shall be any of the following:
(1) Any public nuisance known as common law or inequality jurisprudence or recognized by Minnesota Statutes or this city’s ordinances.
(2) Any public nuisance which may prove detrimental to children whether in a building, on the premise of a building, or upon an unoccupied lot. This includes, but is not limited to, any abandoned wells, shafts, basements, or excavations; abandoned refrigerators and other appliances; unlicensed or inoperable motor vehicles; or any structurally unsound fences or structures; or any lumber, garbage, rubbish, or debris which may become a hazard for inquisitive minors.
(3) Any other activity or situation that is dangerous to human life, detrimental to health, or illegal.
OCCUPANT. Any person residing in a dwelling or dwelling unit.
OWNER. Any person, firm, corporation, or agent, who alone, jointly, or severally with others shall be in actual possession of, or have charge, care, or control of any dwelling or dwelling unit.
RENT. Any consideration paid for the exclusive use of the dwelling unit, including, but not limited to, money, services, or a combination thereof, paid or delivered at fixed intervals periodically agreed upon.
RENTAL HOUSING INSPECTOR. The person appointed by the city to inspect residential rental property for compliance purposes.
RENTAL PROPERTY. Shall include living units rented on a month to month basis or greater. Such property may include single-family homes, duplexes, triplexes, or multi-family units. Exempt from such definition shall be motels, hotels, boarding houses, bed and breakfast facilities and any facility exempt from city regulation due to state or federal rules and regulations.
RESIDENTIAL REAL PROPERTY. Means real property occupied, or intended to be occupied, by one to four families, if the purchaser intends to occupy the real property. RESIDENTIAL REAL PROPERTY does not include property subject to a family farm security loan or a transaction subject to M.S. §§ 583.20 to 583.32.
UNRELATED PERSONS. Two or more individuals who are not related by blood, marriage, or adoption. For the purpose of this subchapter, RELATED BY BLOOD shall mean whole or half relations between a common ancestor or descendent, husband, wife, son, daughter, father, mother, brother, sister, uncle, aunt, niece, nephew, stepchildren, legally adopted children, grandmother, grandfather, state assigned foster children, first cousin or any combination of the above persons.
(Ord. 85, passed - -2020)
All persons or entities that own property in the city and that desire to rent that property, must obtain from the city a valid rental license, prior to renting or leasing any property. All applications shall be made in writing on a form approved by the City Council and submitted to the City Clerk-Treasurer. All applications must provide verification to the city that there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the property to be rented. If the applicant(s) is unable to provide such certification, the rental license shall be denied. All applications shall be accompanied by a fee as set by motion of the City Council. No property may be rented or leased until the application has been approved by the City Council.
(A) All applications shall be made at the Office of the City Clerk-Treasurer.
(B) All applications must be subscribed and sworn to and shall contain the following information:
(1) The property owner’s name, mailing address, telephone number and e-mail address. If there are multiple owners or if applicant is a corporation, partnership, or company, include the name, mailing address, telephone number and e-mail address of all owners of or the corporation’s officers.
(2) The name, mailing address, telephone number and e-mail address of the property manager or caretaker (if applicable).
(3) The name, mailing address, telephone number and e-mail address of the primary contact person.
(4) The rental property address and the name of the rental complex (if applicable).
(5) Emergency (24-hour) phone number.
(6) Such other information as the City Council may deem necessary.
(C) It is unlawful for any applicant to intentionally make any false or misleading statement or omission in regards to preparing this application. Any false or misleading statement or omission shall work as an automatic refusal of the license and void any previously issued license.
(D) The City Clerk-Treasurer shall upon receipt of the completed application, forward the application to the rental housing inspector. The rental housing inspector may request that the applicant provide information to verify the information in the application. Failure to cooperate with the rental housing inspector may be grounds for denial of application.
(E) The City Council may by motion approve an abbreviated manner and forms for the renewal of the license.
(Ord. 85, passed - -2020)
Upon receipt of a completed application and payment of the application fee, the city shall commence with the investigation of the application and evaluation of the property and proposed use, said investigation shall be completed within 30 days, at which time the city shall either issue the license or state in writing the reasons for the denial of the application. All residential rental properties must obtain a license by March 1. All licenses issued by the city shall be valid for a period of two years, unless canceled or revoked pursuant to this subchapter. Licenses may not be transferred and if there is a change in ownership of the property or the ownership of the entity that owns the property, the license holder is required to apply for a new license as required under § 175.25.
(Ord. 85, passed - -2020)
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