(A) City Building Inspector.
(1) The City Building Inspector shall be delegated the authority to administer and enforce the provisions of this chapter.
(2) The City Building Inspector is authorized to inspect all rental dwelling units in dwellings, whether having a rental license hereunder or not. The inspection may include the building or structure containing the rental dwelling unit, the land upon which it is located and accessory uses or structures related to the rental dwelling unit. All inspections authorized by this section shall be limited to those which are done for the purpose of seeking compliance with the applicable safety codes, and shall take place only at reasonable hours or as may otherwise be agreed upon by the owner and the City Building Inspector.
(B) Inspection criteria. The city may inspect any rental unit if it falls within one or more of the following criteria:
(1) Upon the issuance of a rental license.
(2) On an annual basis prior to the renewal of rental licenses.
(3) Upon receipt of complaint(s) regarding the rental unit.
(4) Upon transfer of the property title for a change in ownership.
(5) Per the request of the tenant occupying the rental unit upon certification by the tenant that the tenant has attempted to resolve the issue(s) directly with the landlord but has been unsuccessful. The landlord shall receive prior notice of the inspection and shall be notified that a fee for the inspection may be imposed. A fee for such inspection shall be imposed on the tenant only if the Council finds, by a preponderance of the evidence, that the request was made in bad faith.
(6) Such unit has been abandoned by the owner or the owner of such unit cannot be found.
(7) The rental dwelling unit license has been suspended, revoked or denied.
(8) Water, gas, or electric service to such unit has been discontinued as a result of nonpayment for more than 30 continuous days.
(9) The unit is on a parcel of land which is on the list of delinquent taxes filed by the County Auditor with the Court Administrator of the District Court pursuant to M.S. § 279.05.
(10) The city has probable cause to believe that there exists within such unit one or more violations of the requirements of this section.
(11) The unit of property within which the unit is located has, within the preceding six months, renewed a license after suspension or revocation.
(12) The unit is the subject of a pending notice of the city’s intent to suspend or revoke the rental license.
(C) Inspection access.
(1) Property owners and their agents shall permit the Building Inspector to inspect all premises governed by this section. The property owners or their agents shall make reasonable efforts to notify tenants of planned inspections of their rental units to the extent required by state law. If an owner, occupant, or other person in charge of a dwelling fails or refuses to permit free access and entry to the structure or premises, or any part thereof, for an inspection authorized by this section, the city may, upon a showing that probable cause (as the term is defined in Camara v. Municipal Court, 387 U.S. 523 (1967)) exists for the inspection or for the issuance of an order directing compliance with the inspection requirements of this section with respect to such rental dwelling, petition and obtain an order to inspect and/or a search warrant from a court of competent jurisdiction. Except as specifically authorized to the contrary by the court in exigent circumstances, search warrants under this section shall be executed at reasonable times and after reasonable efforts to give the owner (or other person in charge) and the occupant at least five days written notice of the date and time of the inspection authorized by the warrant. Property owners shall cooperate in the execution of all administrative search warrants and court orders, including providing access and entry to rented premises where directed to do so. An authorized representative of the property owner shall be present on the premises during inspections; however, failure of a property owner to comply with this requirement shall not deprive the city of the authority to inspect. Inspections shall be conducted during ordinary business hours unless otherwise requested by the owner or tenant. Inspections are limited to looking for code violations. Inspectors may not open containers, drawers or medicine cabinets without consent from the tenant and no other cabinet or closet may be opened unless reasonably necessary to check for code violations.
(2) Information from the inspection may not be disclosed to law enforcement unless required by law, disclosure is necessary to abate a methamphetamine lab or the mistreatment of minors, vulnerable adults, or animals, or disclosure is necessary to obtain police protection for the building inspector, after a threat of bodily harm.
(3) Failure of a property owner to obey any of the requirements of this subdivision shall subject the property owner to suspension or revocation of license, in addition to other remedies and/or penalties provided by law. Any such suspension or revocation shall continue until the inspection sought has been completed, any violations satisfactorily remedied, and any outstanding fees or penalties have been paid.
(4) The city shall give notice to the owner of any violations of the applicable safety codes which are discovered during any inspection.
(D) Vacation of building. Any rental dwelling unit which is damaged, decayed, dilapidated, unsanitary, unsafe, vermin or rodent-infested, or which lacks provision for basic illumination, ventilation or sanitary facilities to the extent that the defects create a hazard to the health, safety or welfare of the occupants or the public, may be declared unfit for human habitation by the Building Inspector who shall then order the same vacated within a reasonable timeframe and shall post a placard on the rental dwelling unit indicating that it is unfit for human habitation.
(E) Reoccupation. It shall be unlawful for a rental dwelling unit to be used for human habitation until the defective conditions have been corrected and written approval has been issued by the Building Inspector. It shall be unlawful for any person to deface or remove the declaration placard from any rental dwelling unit.
(F) Secure units and vacated dwellings. The owner of any rental dwelling unit which has been declared unfit for human habitation, or which is otherwise vacant for a period of 60 days or more, shall make the premises safe and secure so that it is not hazardous to the health, safety or welfare of the public and a public nuisance within the meaning of this chapter.
(G) Hazardous building declaration. In the event that a rental dwelling unit has been declared unfit for human habitation and the owner has not remedied the defects within the prescribed time, the dwelling may be declared a public health nuisance and treated consistent with the provisions of M.S. § 145A.04 or successor statutes.
(H) Malicious complaints. The Building Inspector may charge back to the complainant the costs of investigating complaints made on any rental dwelling unit if it is determined that the complaint is invalid.
(Ord. 08-04, passed 10-14-08; Am. Ord. 12-03, passed 8-8-12)