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(A) No license issued under this subchapter is transferable from one party to another. If the property is sold or otherwise transferred to a new owner, the new owner is required to apply for a rental license as provided for in § 175.25. If the property is owned by a partnership or corporation and more than a 10% interest in the property has been transferred to a party that was not previously disclosed on the application for rental license, then the license holder shall apply for a new license as provided under § 175.25.
(B) Contract for deed. Whenever any real estate is sold for a consideration in excess of $1,000, whether by warranty deed, quitclaim deed, contract for deed or any other method of sale, the grantor, grantee or the legal agent of either shall file a certificate of value with the county auditor in the county in which the property is located when the deed or other document is presented for recording. Contract for deeds are subject to recording under M.S. § 507.235, subd. 1 of M.S. § 272.115. A copy of the “Contract for Deed” will have to be submitted to the city within 30 days after filing with Waseca County Recorder’s Office per M.S. § 507.235, subd. 2. Failure will result in the violation of the rental code.
(Ord. 85, passed - -2020)
(A) Notification. Prior to denial, suspension or revocation, the licensee (or his or her designated agent) and all occupants of units potentially subject to denial, suspension, or revocation, shall be notified in writing pursuant to the terms of this subchapter. Any applicant whose license is denied, or any licensee whose license is suspended or revoked shall be entitled to appeal and to a hearing on such appeal. Notice of the hearing shall be provided to all interested parties at least 20 days prior to a hearing.
(B) Hearing. A hearing shall be held with the City Council. The hearing shall be conducted to meet the licensee and occupant’s due process rights, including:
(1) Allowing interested parties, or their attorneys, the right to present evidence, witnesses, and to cross-examine all adverse witnesses; and
(2) Making a complete record of all proceedings, including findings of fact and conclusions of law.
(C) Suspension or revocation.
(1) Every operating license issued under the provisions of this subchapter is subject to suspension or revocation for the entire rental dwelling or for individual rental units, by the City Council, should the licensee fail to properly license and maintain the rental unit.
(2) A rental license may also be denied, suspended, or revoked for any of the following reasons:
(a) The license and/or license application was procured by misrepresentation of material facts, by fraud, by deceit or by bad faith.
(b) The applicant or one acting on his or her behalf made oral or written misstatements or misrepresentations of material facts in or accompanying the application.
(c) The activities of the licensee or the failure to adequately maintain the property to comply with health, safety, building codes and § 175.30(A) through (F).
(D) Effect of denial, suspension or revocation. In the event a rental license is denied, suspended or revoked by the City Council it shall be unlawful for the owner or his or her duly authorized agent to thereafter permit any new occupancies of vacant or thereafter vacated rental units, until such time as a valid rental license is restored to the affected units.
(E) No occupancy. If a license is revoked, suspended, denied, or not renewed by the City Council, it shall be unlawful for the owner, or manager, to thereafter permit the occupancy of the unlicensed rental dwelling of the unit. The city shall send and post a copy of the City Council action on the rental dwelling(s) or unit(s) impacted by action to prevent any further occupancy. No person shall reside in, occupy or cause to be occupied any unlicensed rental dwelling or unit. If the rental, dwelling(s) or unit(s) is occupied at the time the licenses is revoked, suspended, denied, or not renewed, then the owner, or manager, shall inform the tenant(s) that the tenant(s) have 30 days from the date of the City Council action to vacate. Occupation of the rental dwelling or unit after those 30 days is unlawful.
(F) Failure to obtain a license. If it is determined that a rental unit is being operated without a valid license, an immediate inspection shall be conducted. Contracts for deed are subject to recording under M.S. § 507.235, subd. 1. Any property that has been issued a rental license or that is subject to this subchapter, shall also file with the city a copy of the contract for deed within 30 days of the transfer of the property. Failure to file said notice with the city will result in a violation of the rental code.
(Ord. 85, passed - -2020)
(A) It shall be the responsibility of the licensee to take appropriate action following conduct by occupant(s) or guest(s) of the occupant(s) which is in violation of any of the following statutes:
(1) M.S. §§ 609.75 through 609.76, which prohibit gambling.
(2) M.S. §§ 609.321 through 609.324, which prohibit prostitution and acts relating thereto.
(3) M.S. §§ 152.01 through 152.025, and 152.027, subd. 1 and 2, which prohibit the unlawful sale, possession of and manufacturing of controlled substances.
(4) M.S. §§ 340A.401 which regulates the unlawful sale of alcoholic beverages.
(5) M.S. § 609.33, which prohibits owning, leasing, operating, managing, maintaining, or conducting a disorderly house, or inviting or attempting to invite others to visit or remain in a disorderly house.
(6) M.S. § 609.72, which prohibits disorderly conduct.
(B) It shall be the responsibility of the licensee to take appropriate action to curb inappropriate actions of the tenant, occupants, or guests of the property which are in violation of any ordinance of the city, including, but not limited to, noise ordinances and nuisance property ordinances.
(C) The Waseca County Sheriff’s Department shall be responsible for enforcing and administration of this section.
(D) Upon determination by the Waseca County Sheriff’s Department that a licensed premises or a dwelling unit was involved in a violation of Subsection 1 above, the Waseca County Sheriff's Department shall notify the licensee by certified mail of the violation and direct the licensee to take steps to prevent further violations. A copy of said notice shall be sent by first class mail to the occupant of said property.
(E) Upon a second violation within 12 months of Subsection 1 of this section, involving a guest or an occupant of a dwelling unit, the notice provided under Subsection 3 of this section shall require the licensee to submit a written report of the action taken to prevent further violations on the premises. This written report shall be submitted to the Waseca County Sheriff’s Department within five days of the request of said report and shall detail all actions taken by the licensee in response to all notices regarding violations to Subsection 1 of this section within the preceding 12 months. If the licensee fails to comply with the requirements of the Subsection, the rental dwelling license for the individual dwelling may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend or not renew a license under this section shall be initiated by the Hearing Examination Board at the request of the Waseca County Sheriff’s Department.
(F) If a third or subsequent violation of Subsection 1 of this section involving a guest of or an occupant of a dwelling unit occurs within 12 months after any two previous instances for which notices were sent to the licensee regarding the same dwelling unit, the rental dwelling license for the individual rental unit, may be denied, revoked, suspended or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the Hearing Examination Board at the request of the Waseca County Sheriff’s Department.
(G) No adverse license action shall be imposed if the violation to Subsection 1 of this section occurred during the pendency of eviction proceedings (unlawful detainer) or within 30 days of notice given by the licensee to an occupant to vacate the premises, where the violation was related to conduct by that occupant, other occupants, or the occupant’s guests. Eviction proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, nor not renew a license based upon violations of this section may be postponed or discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent further violations to Subsection 1 of this section.
(H) A determination that the licensed premises or dwelling unit has been used in violation of Subsection 1 of this section shall be made by the City Council upon substantial evidence to support such a determination. It shall not be necessary that criminal charges be brought to support a determination of violation to Subsection 1 of this section, nor shall the facts of dismissal or acquittal of criminal charges operate as a bar to adverse license action under this section.
(Ord. 85, passed - -2020)
(A) State licensed residential facility. State licensed residential facilities are allowed in all residential districts pursuant to Minnesota State Statutes, as amended from time to time. The regulation of residential occupancies in this section shall not apply to a state licensed residential facility.
(B) Residential occupancies. Residential occupancies of single- and two-family dwellings in the R-1 zoning districts shall be limited to Family-Functional and Family-Traditional as defined by this subchapter. Family-Functional and Family-Traditional may have one additional person residing with them for non-rental purposes or for the purpose of providing a housekeeping or personal service for the resident(s) therein.
(C) Non-conforming uses. Residential rental properties not in compliance with this subchapter as of the effective date of the subchapter may continue in the non-conforming use provided that if the property ceases to continue in the non-conforming use for a period of 12 consecutive months, the right of continuing non-conformity will end.
(Ord. 85, passed - -2020)
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