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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)
(A) (1) The City has adopted the International Property Maintenance Code (IPMC), a national model code that addresses maintenance requirements for the interior and exterior of structures. It is not meant to replace other city ordinances being enforced by the city (e.g. zoning, nuisances, inoperable vehicles, signs, parking, and the like). The IPMC also contains requirements for plumbing, heating, fire, and electrical systems in existing buildings. This document is consistent and comprehensive and is a compatible property maintenance document that is meant to be used with other codes as adopted by the State of Minnesota.
(2) The adoption of this document will clarify the city’s expectations to property owners in the areas of providing safe, structurally sound, well maintained facilities for all buildings in the city.
(B) New rental license. Applications for a residential rental property license will be made to the City Clerk-Treasurer. The completed application will be forwarded to the Zoning Administrator who shall review the application for conflicts with zoning ordinances and parking requirements. If approved, the application will be assigned to the appointed rental housing inspector for inspection on compliance with this code and any other applicable statute, ordinance, code, or regulation. A rental license will be issued after the property is in full compliance with all requirements. The property may not be rented until final approval as evidenced by the issuance of the license.
(C) Inspection upon complaint. Any residential property within the city is subject to investigation upon complaint by any citizen or city employee. Complaints shall be investigated in accordance with the following schedule.
(1) All complaints shall be investigated within 72 hours of receipt by the city rental housing inspector, or their designee, shall inspect the property to verify the existence of conditions in violation of this subchapter or any other applicable statute, ordinance, code or regulation.
(2) Tenant requested inspection. A tenant may at any time request an inspection of the rental property in which they currently reside. A fee for such inspection shall be imposed on the tenant only if the hearing examiner board finds, by a preponderance of the evidence that the request was made in bad faith.
(D) Administrative penalties for failure to allow inspection. The City Council shall establish administrative penalties for intentional failure, or failure without good cause; to appear for scheduled rental inspections or re-inspections or for intentional avoidance or delay in scheduling inspection(s) when requested. Administrative penalties may also be imposed for failure to correct code violations after proper notice. Administrative penalties are in addition to any criminal charges and/or fines.
(E) Confidentiality of complainant’s name(s). The identities of any person filing a complaint about violations of state law, or local ordinance, concerning the use of real property, and any information that would identify such person, is classified as confidential under M.S. § 13.44. No employee or agent of the city shall release or reveal such information except by court order.
(F) Penalty for retaliation against complainant. It is a misdemeanor for any person to take retaliatory action against, harass or intimidate any person who makes a good-faith complaint against real property within the city.
(G) Penalty of filing a false or malicious complaint. It shall be a misdemeanor for any person to file a false or malicious complaint of violations of state law or local ordinance concerning the use of real property.
(Ord. 85, passed - -2020)
(A) The property owner will be required to pay all outstanding invoices from the city associated with the enforcement of the residential rental property ordinance. Cost and fees will be determined by the city fee schedule and a per hour basis of the contracted rental housing inspector’s hourly fee. Payment will be considered past due 30 days after the date of the invoice.
(B) Any outstanding bills or invoices related to the enforcement of the residential rental property ordinance will have a lien against the property being serviced and the City Clerk-Treasurer shall certify to the Waseca County Auditor’s Office the amount of the delinquent balance, which amount shall be added to taxes and assessments due and payable against the property.
(Ord. 85, passed - -2020)
(A) All new rental units licensed after the effective date of this subchapter shall provide two off-street parking spaces for each dwelling unit.
(B) Location and design of off-street parking. All new rental units licensed after the effective date of this subchapter shall provide required off-street parking in conformance with the following:
(1) All required off-street parking spaces for single family and two-family dwellings shall be provided on the same lot as the dwelling.
(2) Off-street parking spaces for multi-family dwellings (three-family or more) may be provided on a lot located not more than 500 feet from the main building, provided that the off-premises parking lot is held under the same ownership or leasehold interest as the lot on which the multi-family dwelling is located.
(3) Private and public sidewalks, boulevards and other portions of the public right-of-way shall not be used to satisfy off-street parking requirements.
(4) For one and two-family dwellings, all off-street parking spaces, enclosed or unenclosed, shall have minimum dimensions of ten feet by 20 feet, exclusive of required drives and accesses.
(5) For a single-family dwelling, the unenclosed parking space located immediately adjacent to the entrance of a garage may be considered one off-street parking space provided the space has a minimum dimension of ten feet by 20 feet and conforms to all other regulations. The enclosed garage space may also be considered an off-street parking space for the purpose of satisfying the parking requirements, provided the enclosed parking space has a minimum dimension of ten feet by 20 feet.
(6) All newly constructed rental property shall have the driveway and parking surface hard surfaced within one year after issuance of a new rental license. Acceptable hard surfacing does not include recycled asphalt or recycled concrete. Failure to hard surface within one-year shall result in the revocation of the rental license. Existing rental property at the time of this subchapter’s adoption are required to provide adequately designed parking for vehicular weight that is aesthetically appealing.
(7) Notwithstanding any of the above or as otherwise permitted in this subchapter tandem parking arrangements shall not be allowed to satisfy the parking requirements of this subchapter.
(C) Non-conforming off-street parking. Rental units in operation prior to the adoption of this subchapter shall be required to provide additional off-street parking for the purpose of satisfying the requirements of this section if adequate off-street parking spaces are not presently provided for the occupants. This requirement shall only apply to rental properties containing yard areas that may be used for additional parking in conformance with the location and design regulations of division (B).
(Ord. 85, passed - -2020)
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