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§ 150.039 RESPONSIBILITY FOR ACTS OF MANAGER.
   Licensees are responsible for the acts or omissions of their managers as it pertains to the rental dwelling.
(2001 Code, § 435.09) (Ord. 06-16, passed - - ; Ord. 15-09, passed 9-14-2015)
§ 150.040 MAINTENANCE STANDARDS.
   (A)   It is the responsibility of the licensee to assure that every rental dwelling and rental dwelling unit is maintained in compliance with all city ordinances and state laws. A violation of any of the following laws and ordinances constitutes a public nuisance:
      (1)   Building Code (§§ 150.001 through 150.008);
      (2)   International Property Maintenance Code (§§ 150.020 through 150.023);
      (3)   Animal regulations (Chapter 90);
      (4)   Fire Prevention Code (Chapter 91);
      (5)   Repeat nuisance service calls (§§ 34.15 through 34.19);
      (6)   Parked or stored motor vehicles (§ 72.05(D)); and
      (7)   Public nuisance regulations (Chapter 94).
   (B)   License hearing. Upon the occurrence of .5 violations of the above-stated provisions multiplied by the total number of dwelling units per complex within a 12-month period, or a violation of a Category C mitigation plan as defined in § 150.041(B), the City Council may hold a license hearing pursuant to § 110.12 for consideration of suspension, revocation or conversion to a provisional license. Depending upon the circumstances, nature and severity of the violation, the City Council may hold a license hearing for fewer than .5 violations, if deemed appropriate.
   (C)   Inspections. The Building Official, Building Inspector, Rental Housing Inspector, Fire Department personnel, police officers and their respective representatives, are authorized to make inspections reasonably necessary to enforce this subchapter. All authorized inspectors have the authority to enter any rental dwelling or rental dwelling unit at all reasonable times. Each occupant of a rental dwelling or rental dwelling unit shall give the owner, the owner’s agent or authorized city official access to any part of such rental dwelling or rental dwelling unit at reasonable times for the purpose of inspection, maintenance, repairs or alterations as are necessary to comply with the provisions of this subchapter. If any owner, owner’s agent or occupant of a rental dwelling or rental dwelling unit fails or refuses to permit entry to a rental dwelling or rental dwelling unit for an inspection pursuant to this subchapter, the inspector may seek an administrative search warrant authorizing such inspection.
(2001 Code, § 435.11) (Ord. 06-16, passed - -; Ord. 15-09, passed 9-14-2015)
§ 150.041 TIERED FEE SYSTEM.
   (A)   License categories. Licenses will be issued based on a tiered fee system according to license type as indicated in Table 1. The fees shall be set by City Council resolution. The period of time used to determine the tiered fee is the 12-month period ending two months before the commencement of the license term.
Table 1
Category Type
Property Code Violations and Validated City Service Calls per Complex
Table 1
Category Type
Property Code Violations and Validated City Service Calls per Complex
Category A
Less than 3 dwelling units:
   No validated city service calls/code violations per complex in a preceding 12-month period.
More than 3 dwelling units:
   Less than .25 validated city service calls/code violations multiplied by the total number of dwelling units per complex in a preceding 12- month period.
Category B (includes all new rental license applicants)
Less than 3 dwelling units:
   1-3 validated city service calls/code violations multiplied by the total number of dwelling units per complex in a preceding 12-month period.
More than 3 dwelling units:
   .25 to .5 validated city service calls/code violations multiplied by the total number of dwelling units per complex in a preceding 12-month period.
Category C
Less than 3 dwelling units:
   Over 3 validated city service calls/code violations multiplied by the total number of dwelling units per complex in a preceding 12-month period.
More than 3 dwelling units:
   Over .5 validated city service calls/code violations multiplied by the total number of dwelling units per complex in a preceding 12-month period.
 
   (B)   Category C requirements. Rental license applicants who meet the definition of Category C may be issued a provisional license and must pay a provisional license fee set by the City Council. In addition, the applicant must provide a written mitigation plan to reduce the number of city service calls/code violations. If the property owner violates the mitigation plan, City Council may hold a license hearing, as defined in § 150.040(B).
   (C)   Qualifying city service calls/code violations. Licensed dwellings that have generated city service calls or code violations as indicated in the fee resolution in a preceding 12-month period as specified in this section shall be subject to the tiered fee system.
      (1)   City service calls and code violations that are used to determine the appropriate tiered fee system category include the following types of calls or events:
         (a)   City service calls and code violations listed in § 150.040(A).
         (b)   City service calls or events categorized as part one crimes in the uniform crime reporting system, including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson.
         (c)   City service calls or events categorized by the Police Department: miscellaneous juvenile status crimes, liquor offenses or curfew violations; disturbing the peace or harassing communications; property damage; criminal damage to property or trespass; domestic incidents (except as provided in § 150.041(C)(2)); fire alarms; fire code; public disturbance or disorderly conduct; loud party or noise complaints; disorderly juveniles; assault in the fifth degree or non-domestic related assaults. The Police Chief shall maintain for public inspection a description of the coding system and a list of the codes and crimes included within each of these categories of calls or events.
         (d)   The Police Chief may determine that multiple incidents shall be counted as a single call in appropriate cases.
      (2)   Calls will not be counted for purposes of determining the appropriate tiered fee system Category when the victim and suspect are “family” or “household members” as defined in the Domestic Abuse Act, Minn. Stat. § 518B.01, Subd. 2(b), as it may be amended from time to time, and when there is a report of “Domestic Abuse” as defined in the Domestic Abuse Act, Minn. Stat. § 518B.01, Subd. 2(a), as it may be amended from time to time, or when the tenant is the victim of an order for protection violation under Domestic Abuse Act, Minn. Stat. § 518B.01, Subd. 14, as it may be amended from time to time, except when the victim consented to a violation of a court order and the violation resulted in the city service call.
(Ord. 15-09, passed 9-14-2015)
§ 150.042 STAR PROGRAM.
   To promote crime-free housing, the city encourages rental property owners to voluntarily participate in Level 1 or Level 2 of the STAR Program. A STAR Program application form must be completed and submitted with the license application in order for an owner to participate in the STAR Program.
   (A)   More than three dwelling units. For owners with more than three dwelling units, the following criteria set forth the STAR requirements for each participation level.
      (1)   Level 1. To qualify for Level 1, owners or managers shall comply with the following:
         (a)   Provide the city a copy of rental criteria regarding tenants with criminal backgrounds.
         (b)   Actively pursue the eviction of noncompliant tenants.
         (c)   Attend 25% of Responsible Owners and Managers Association (ROMA) meetings.
         (d)   Have no unresolved City Code violations.
         (e)   Within 12 months of joining the STAR Program, complete Phase 2 or Phase 3 of the Minnesota Crime-Free Rental-Housing program. The phases of the Minnesota Crime-Free Rental- Housing program are:
            1.   Phase One- Management Training. Resident managers and/or owners attend an eight-hour seminar presented by police, fire, public housing and others.
            2.   Phase Two- Security Assessment. This phase will certify that the rental property has met the security requirements for the tenant’s safety.
            3.   Phase Three- Resident Training. A meeting is held for the residents where crime watch and crime prevention techniques are discussed.
      (2)   Level 2. To qualify for Level 2, owners and managers shall achieve Level 1 and add the following:
         (a)   Within 12 months of joining the STAR Program, complete Phase 2 and Phase 3 of Crime-Free Rental-Housing training and receive a certificate of completion by the city, as defined in § 150.042(A)(1)(e).
         (b)   Attend 50% of ROMA meetings.
   (B)   One to three dwelling units. For owners with one to three dwelling units, the following criteria set forth the STAR requirements for each participation level.
      (1)   Level 1. To qualify for Level 1, owners and managers shall comply with the following.
         (a)   Actively pursue the eviction of noncompliant tenants.
         (b)   Have no unresolved city code violations.
      (2)   Level 2. To qualify for Level 2, owners and managers shall achieve Level 1 and add the following:
         (a)   Within 12 months of joining the STAR Program, complete Phase 2 and Phase 3 of the Crime-Free Rental-Housing training and receive a certificate of completion by the city, as defined in § 150.042(A)(1)(e).
         (b)   Attend 50% of ROMA meetings.
(2001 Code, § 435.13) (Ord. 06-16, passed - -; Ord. 15-09, passed 9-14-2015)
§ 150.043 LICENSE DENIAL, SUSPENSION OR REVOCATION.
   (A)   Grounds for denial, suspension or revocation. The City Council may deny, revoke or suspend a license pursuant to § 110.12. During a suspension, the property for which the suspension occurred shall be included for purposes of calculating the number of eligible lots per block, unless it is otherwise ineligible pursuant to § 150.037(L).
   (B)   Violations. A violation of this subchapter is a misdemeanor. However, the city may issue an administrative citation pursuant to § 10.98.
   (C)   Notification to tenants. Upon suspension, revocation or denial of a license, or if the dwelling unit is not licensed, the city will notify all affected tenants.
(2001 Code, § 435.15) (Ord. 06-16, passed - - ; Ord. 15-09, passed 9-14-2015)
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