Loading...
CR2002-198 Ord 890 1st reading ... . December 13, 2002 Council Report No. 2002-198 ORDINANCE AMENDING SECTION 407 OF THE HOPKINS CITY CODE Proposed Action. Staff recommenus that the Council approve the following motion: Move to approve Ordinance 2002-890 for first reading. Overview. Ordinance No. 2002-890 revises various portions of Section 407 Rental Licensing. In addition to editorial changes and relocation of sections for clarity, there are a number of more substantive changes that include: . Changes the focus of the ordinance from registration to licensing. . Exempts dwelling units under the control of the city from paying licensing fces. . Addresses issues related to conduct on residential premises. . Clarifies the section of the code related to suspension or revocation of a license. . Adds a "no retal iation" clause to the ordinance. Primary Issues to consider. . . Impacts of "registration" vs. "licensing". . Matter of controlling conduct on residential properties. . Potential for suspension or revocation of licenses. SUJlPortin2 Documents. . Analysis of the Issues . Ordinance 2002-890 _..~ ( , /J . . -.<;~~. ~~",-"p~ Rick Davidson Building Official Financial Impact: $ Budgetcd: YIN Source: - Related Documents (CIP, ERP, etc.): Notes: . . Council Report 2002-198 Page 2 Analysis of the Issues Impacts of "registration" vs. "licensing". . The focus of the ordinance has been changed from one of registration to one of licensing. This provides greater control in the event that an owner fails to properly maintain their property. An exemption from paying licensing fees has been provided for dwelling units under the control of the city. Matter of controlling conduct on residential properties . With the assistance of the Police Department, new language has been added which addresses issues related to conduct on residential premises. For example, persistent conduct related to manufacture of illegal drugs could result in an owner being prohibited from renting out the property. A "no retaliation" clause has been added to the ordinance to provide some protection to an occupant who reports illegal activity. Potential for suspension or revocation of licenses . The section of the code related to suspension or revocation of a I icense has been . revised to clearly spell out the role of the city and the processes to be followed in the event a suspension or revocation occurs. Alternatives 1. Approve the Ordinance 2002-890 for first reading. 2. Do not approve Ordinance 2002-890 for first reading. Staff recommends Alternative #1. . . CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE 2002-890 AN ORDINANCE AMENDING SECTION 407 OF THE HOPKINS CITY CODE The City Council of the City of Hopkins does hereby ordain: Section 1. The Hopkins City Code, Section 407 Rental Registration, 1S hereby amended to read as follows: Section 407 - Rental Regi~trution Licenses 407.01. Purpose. It 1S the purpose of this Section to assure that rental housing 1n the City 1S decent, safe and sanitary and 1S so operated and maintained as not to become a nuisance to the neighborhood or to become an influence that fosters blight and deterioration or creates a disincentive to reinvestment 1n the community. The operation of residential rental properties is a business enterprise that entails certain responsibilities. Operators are responsible to take such reasonable steps as . are necessary to assure that the citizens of the city who occupy such units may pursue the quiet enjoyment of the normal activities of life 1n surroundings that are: safe, secure and sanitary; free from crimes and criminal activity, nuisances or annoyances. 407.0-1,.2. Preamble. The City believes that providing for public health, safety and welfare to its citizens mandates the existence of a rC8 idcntL:.tl rcnt;:.tl prcmi8c8 rental dwelling unit rcgi8tr;:.ttion license and maintenance program ,Jhich that corrects substandard conditions and maintains a - standard for rC8identiol rented premi:Je:J rental dwelling units. 407.02-3. Scope. This Section applies to all premises IJ hi c h - that are rented leased in whole or in part as a rental - dwelling unit~. It includes accessory structures such as garages and storage buildings and appurtenances such as sidewalks and retaining walls, which are on the premises. This Section does not apply to Minnesota Department of Health licensed rest homes; convalescent care facilities, nursing homes, hotels or motels licensed by the City. . 407.04. Subd 1. Definitions. . Subd. 2. Apartment Building: Any building or portion thereof that contains three or more dwelling units, sleeping rooms, or a combination thereof but not including condominiums or townhomes. Subd. 3 . Building Official: The building official for the City of Hopkins or his/her duly authorized representative(s) . Subd. 4 . City: Shall mean the City of Hopkins. Subd. 5. City Council: Shall mean the City Council of the City of Hopkins. Subd. 6. Condominium: Condominium is a single dwelling unit in a multi-dwelling unit building that is separately owned and may be combined with an undivided interest in the common areas and facilities of the property. Each individual owner may sell or encumber his/her own unit. Subd. 7. Denial: As used in the City of Hopkins Ordinances lS the refusal to grant a license to a new . or renewing applicant by the licensing program administrator. Subd. 8. Dwelling Unit: Any building or portion thereof that contains living facilities, including provisions for sleeping, eating, cooking and sanitation, for not more than one family. Subd. 9. Dwelling, Single-Family: A building or portion thereof containing one dwelling unit. For purposes of this section, each individual condominium or townhome shall constitute a separate single-family dwelling. Subd. 10. Dwelling, Two-Family: A building or portion thereof containing two dwelling units. Subd. II. Efficiency Dwelling Unit: A dwelling unit containing only one habitable room. Subd. 12. Lease: A contract between a property owner . and a tenant for temporary and exclusive use of a . rental dwelling unit in exchange for rent. The contract need not be a written contract. Subd. 13. License: The formnl approval of an activity specified on the certificate of license issued by the City of Hopkins. Subd. 14. Non-Renewal: The decision to decline to re- issue a license as defined in this section. Subd. 15. Rent: The consideration paid by a tenant to the owner of a rental dwelling unit for temporary and exclusive use of the rental dwelling unit by the tenant. The consideration is not limited to cash. Subd. 16. Rental Dwelling Unit: A dwelling unit or sleeping room occupied and leased by a tenant, not the owner or the owner's immediate family. Subd. 17. Revoke: To take back a license issued by the City of Hopkins. Subd. 18. Sleeping Room: Any room or rooms used or . intended to be used by a tenant or guest for sleeping purposes with or without meals and not licensed by the Minnesota Department of Health. Subd. 19. Suspend: To make a license temporarily inoperative. Subd. 20. Tenant: A person granted temporary and exclusive use of a dwelling unit or sleeping room by the owner of the dwelling unit or sleeping room, usually, but not necessarily, in exchange for rent. Subd. 2l. Townhouse: A single-family dwelling constructed in a group of dwellings attached to each other and where each dwelling unit extends from the foundation to the roof and is separated from other dwelling units by property lines. 407.0~5. Rcgi3tration Rental License. Subd. l. Required. No - person shall operate, let or cause to be let, a rental dwelling unit~ which has not been properly rcgi8tcrcd licensed with the City of Hopkins in the manner required by this Ordinance. Upon receipt of the properly executed . initial application for rcgiotrotion a rental license, the Codc Officiol ond/or hi8 or her deoignotcd ogent building . official may cause an inspection to be made of the premises to determine whether it is in compliance with Section 405, other Hopkins ordinances and the laws of the State of Minnesota. Every premises may be reinspected re-inspected after a renewal application 1S filed to determine if it still conforms to all applicable codes and ordinances. Subd. 2. Application Filed. A rcgiotrotion license application shall be submitted to the Ge4e building G~fficial on forms furnished by the City of Hopkins and must contain the following information: (a) Nome ond oddrcoo Name, address, and telephone number of the owner of the premises. This is the address that all future correspondence from the city will be sent to. Owner shall indicate if the uwner 15 a corporation or partnership- (b) Nome ond oddrcoo Name, address, and telephone number of a person in . addition to the owner who shall be responsible for compliance with this and any other Code requirement pertaining to the premisefr; such person shall reside in the metropolitan area. (c) Nome ond oddrcoo of ony o',;ncr' 0 ogent reoponoiblc for the mQnQgement of the prcmi8co. (d) Nome ond c:Lddrcoo of c:Lll portner8 if the O,Jner 18 o PQrtnerohip_ (el N<::lmc <::lnd oddrco8 of .::tll officers of c:L corpor.::ttion if the o',:ner i:.J .::t corpor.::ttion. (f) NJffie Jnd Jddreoo of 0.11 'v"cndoro .::tnd of Lll1 vendeco, if the premioe8 io being 80Id pur:.JuLlnt to o contr<::let for deed. . . (g) N;:tmc ond oddrc:Js of ;:tny oS:Jigncc:J of cithcr the ';endor or the 7endcc in ;:tny such contr;:tct for dccd. +R+ ill Legal address of the premises. +i+ (d) Number and type of dwelling units (one (1 ) Bedroom, Two (2) Bedroom~, etc. . . . ) within each of the premises. Subd. 3 . Agent for Emergency Repair Required. No regi:Jtrotion rental license shall be issued or renewed for a nonresident owner of the premises unless such owner designates in writing the name of his/her agent who is responsible for maintenance and upkeep and who is authorized to institute emergency repairs of the premises. The G-e€le building official shall be notified in writing of any changes of such agent. Subd. 4. Changes in Regi:Jtr.J.tion License or 1n Premises Registered Licensed. A regi:JtrJtion . license is not assignable. If the name or address at any of the persons required to be provided changes, or if any changes occur 1n the ownership or management of the premises, the existing rcgi:JtrJtion license shall be amended within thirty (30) days to correspond to such changes and each such amendment shall be accompanied by a fee set by City Council resolution. If changes are made 1n the number or type of units registered licensed, such additional units shall be rcgi:Jtered licensed and shall be accompanied by the fee payment required to be p;Jid tor an - initial rcgi:Jtrotion license. Subd. 5. Annual TIegleJtr.J. tion Licensing. All rC:Jidcnti;JI rent,)l premi:Jcs rental dwelling units or sleeping rooms shall be rcgi:Jtcrcd licensed before being let, in whole or in part. Rcgi:Jtr.J.tion Licenses for each premises expires annually at midnight on October 31. The rcgi:JtrJtion license for each prcmi:Je:J rental dwelling unit must be renewed annually on or before October 31. Residential rental premises must be . registered as a sleeping room, a single-family dwelling, a two~family dwelling, or an apartment . building. For purposes of this section, a single- family dwelling includes a condominium or townhouse, a single dwelling unit In d non-residential structure, or a dwelling unit otfered for rent in a duplex where the building owner live:=: In the other dwelling unit. All outstanding citations must be brought current before the renewal rental license will be issued. Any unlicensed rental properties are subject to penalties. Subd. 6. Rcgi:Jtrotion License Fee. The initial and renewal rcgi::JtrJtion license fees are set forth by City Council resolution. These must accompany the rcgi:Jtrotilln license application. The rcgi:Jtrotion license fee is doubled when an application is received more than thirty (30) days after it was due. Exception: Rental dwelling units owned or under the control of the City must be licensed but are exempt from paying license fees. Subd. 7. Record Retention. The regi:JtrOotion license application and all other documents . pertinent to a premises shall be kept on file in the office of the Code building official. A copy shall be furnished tu the owner or other authorized person upon request. 407.04. rooting. The o',:ner of J preffil8c::J 8holl pO:Jt J copy of thc "OccupJncy Rccord COord" ot thc prcmi:Jco in J plocc Llnd in J ffiJnnCr oppro7cd by thc Codc officiol. 407.06. Issuance of Certificate of License. The City shall issue a license if the building and the application are found to be in compliance with the provisions of this section subject to Section 407.08 (on grounds for licensing, suspension, revoking, and non-renewal) provided all real estate taxes and City utility bills for the premises, which are due, have been paid. Real estates taxes will not be considered to be due and unpaid for purposes of this section while a proper and timely appeal of such taxes is pending ano lS diligently pursued to completion by the landowner. Rental licenses are not required to be posted on the premises, however the property owner must be able to present the license if asked to do . so. - . 407.07. Authority. The building official shall be responsible for enforcement and administration of this ordinance. Authority to take any action authorized under this section may be delegated to the building official's authorized designee. 407.0-58. Inspection. The Geae building Gofficial may set up - a schedule of periodic inspections to insure compliance with this Ch~ptcr Section. The Geae building G~fficial shall provide reasonable notice to the owner or the owner's agent as to the date and time of the inspection. Each occupant of a dwelling unit shall give the owner or the owner's agent access to any part of such dwelling unit at reasonable times for the purpose of effecting inspection, maintenance, repairs or alterations as are necessary to comply with the provisions of this Ordinance. If any owner, owner's agent or occupant of a rental dwelling unit fails or refuses to permit entry to the premises under his/her control for an inspection pursuant to this Ordinance. !fthe - Geae building official may seek a Court Order authorizing such inspection. Section 407.09. Conduct on Licensed Premises. Subd. 1. . Responsibility. It shall be the responsibility of the licensee to see that persons OccupYlng the licensed premises as well as members of the resident's household or a guest or other person under the resident's control, conduct themselves In such a manner as not to cause the premises to be disorderly. Subd.2. Disorderly Behavior. For the purposes of this section, disorderly behavior may include but is not limited to the following: 1. Illegal activity, including drug-related illegal activity, on or near the said premises. "Drug-related illegal activity" means the illegal manufacture, sale, distribution, purchase, use or possession with intent to manufacture, sell, distribute, or use of a controlled substance (as defined in the Controlled Substance Act [ 21 U.S.C. 802] ) or possession of drug paraphernalia. 2. Acts intended to facilitate illegal activity. . 3. Acts of violence or threats of violence including but not limited to discharge of firearms, prostitution, . intimidation, or any other breach of the rental agreement that otherwise jeopardizes the health, safety or welfare of the licensee, his agents or tenants. 4. Violation of Minnesota Statute, Section 609.72 (Disorderly Conduct) 5. Violation of Minnesota Statutes 609.74 and 609.745 (Public Nuisance) 6. Violation of Minnesota Statutes 609.66, Subd.1a, 609.67 or 624.713 (Unlawful use or possession of a firearm or weapon) 7 . Violation of Minnesota Statute 609.50 (Obstructing Legal Process) 8. Violation of Hopkins Code 2005.01, Subd. 2, Subd. 3, Subd. 4 (Firearms) 9. Violation of Hopkins Code 2005.59 Subd. 1, Subd. 8, Subd. 12 (Nuisances) . 10. Violation of Hopkins Code 2005.61 (Noise) Exception: Calls will not be counted for purposes of determining whether a license will be denied, suspended, non-renewed or revoked where the victim and suspect are nFamily or household membersu as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B 01, Subd.2 (b) and where there is a report of nDomestic Abuseu as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B 01, Subd. 2 (a) . Subd. 3. First Instance. Upon determination by the building official that a licensed premises was used in a disorderly manner, as described in Section 407.08., the building official shall give notice to the licensee of the violation and direct the licensee to take steps to prevent further violations. Subd. 4. Second Instance. If a second instance of disorderly use of the licensed premises occurs within three (3 ) months of an incident for which a notice ln . Section 407.08. Subd. 3 was glven, the building official shall notify the licensee of the violation and shall also . require the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use of the premises. This written report shall be submitted to the building official within five (5 ) days of receipt of the notice of disorderly use of the premises and shall detail all actions taken by the licensee in response to all notices of disorderly use ot the premlses within the preceding three (3) months. Subd. 5. Third Instance. If a third instance of disorderly use of the licensed premises occurs within three (3) months after ilny two previous instances of disorderly use for which notices were given to the licensee pursuant to this section, the rental dwelling license for the premises may be denied, revoked, suspended or not renewed. Subd. 6. For purposes of this Section, second and third instances of disorderly use shall be those which: (i) occur at the same rental unit; or . (ii) involve tenants at the same rental unit; or (iii) involve guests or invitees at the same rental unit; or (iv) involve guests or invitees of the same tenant; or (v) involve the same tenant. Subd. 7. Postponing License Action. No adverse license action shall be imposed where the instance of disorderly use of the licensed premises occurred during pending eviction proceedings (unlawful detainer) or within thirty (30) days of notice given by the licensee to a tenant to vacate the premises where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction proceedings shall not" be a bar to adverse license action, however, unless the licensee diligently pursues them. Further, an action to deny, revoke, suspend, or 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 instances of . disorderly use. . Subd_ 8. Determining Disorderly Use of a License. A determination that the licensed prem1ses have been used 1n a disorderly manner as described in Section 407.08. Subd. 2 shall be made upon substantial evidence to support such a determination. It shall not be necessary that criminal charges be brought 1n order to support a determination of disorderly use, nor shall the fact or dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this section. Subd. 9. Enforcement. Enforcement actions provided 1n this section shall not be exclusive, and the city council may take any action with respect to a licensee, a tenant, or the licensed premises as is authorized by this ordinance or state law. 407.% 10. Revocation Revoking, Suspending, Denying or - Not Renewing a License. Subd. 1. The City Council may revoke, thc rcgi:;trQtion of Qny prcmi:Jc:J. suspend, deny or decline to renew any license issued under this Section. In buildings containing more than one rental dwelling unit, the revocation, suspenslon, denial or . declination may apply to a portion of the registration covering one or more rental dwelling units or it may apply to the entire building at the discretion of the Council. The basis for such revocation, suspens1on, denial or non-renewal include, but are not limited to, the following circumstances: (a) The registration was procured by misrepresentation of material facts with regard to the premises or the ownership of the premises. (b) The applicant or one acting in his/her behalf made oral or written misstatements accompanying the application. (c) The applicant has failed to comply with any condition set forth in any other permits granted by the City of Hopkins. . . (d) The activities of the owner/agent create or have created a danger to the public health, safety or welfare. (e) The premises contains conditions that might injure or endanger the safety, health or welfare of any member of the public. (f) Failure to pay any application, penalty or reinstatement fee required by this Section and City Council resolution. (g) Failure to correct deficiencies noted in notices of violation In the time specified in the notice. (g) Any violation of this Section. Subd. 2. Notification. Before revoking~ suspending, denying or not renewlng a rcgi:Jtrotion license, the GeBe building G~fficial . shall notify the owner or the owner's agent in writing of the basis for the revocation~ suspension, denial or non-renewal and the date upon which the City Council shall review the request to revoke, suspend, deny, or not renew the rcgi:Jtro.tion license. The notice required by this section shall be served upon the owner or the owner's agent at least twenty (20 ) days before the City Council hearing. Service shall be deemed sufficient if the notice is sent to the owner or the owner's agent by first class mail at the address provided In the rcqi:Jtro.tion license application. The GeBe building Gofficial also shall post the notice in a consplcuoUS place at the premises at least seven (7 ) days before the City Council hearing. Subd. -J 4 . Hearing. The owner or the owner's - representative, GeBe building 8~fficial and any other person whose interests would be affected by revocation, suspension, denial or non-renewal of the rcgi:JtrJtion licen:::;e shall be given an opportunity to be heard. . . Subd. 1- Subd. 5 Decision. The City Council shall issue a written decision regarding the request for rC'v'OCJ t ion to revoke, suspend or non-renew a license no later than the third regularly scheduled City Council meeting following the date of the hearing. The decision shall specify the part or parts of the facility to which it applies. Thereafter, and until a license is reissued or reinstated, no rental units becoming vacant in such part or parts of the facility may be re-let or occupied. Revocation, suspension or non-renewal of a license shall not excuse the owner from compliance with all terms of this Section for as long as any units in the facility are occupied. Subd. -&. 6. Re-applying. Upon a decision to revoke, deny or not renew a license, no new application for the same facility will be accepted for a period of time specified 1n the Council's written decision, not exceeding one year. Such new applications must be accompanied by a reinstatement fee, as specified by Council . resolution, in addition to all other fees required by this Section. 407.G-+11. Effect of Revocation~ , Suspension, Denial, or Non-Renewal. If a rcgi:;trotion license is revoked.!- suspended, denied or not renewed by the City Council~ it shall be unlawful for the owner or the owner's agent to thereafter permit the occupancy of the then vacant or, thereafter vacated, rental dwelling units, until such time as a valid rental rcgi:JtrJtion license is obtained for the premises. Issuance of a new rcgi:;trJtion license after revocation, suspension, denial or non-renewal shall be made in the manner provided for 1n Section 407.0~4. ~ 407.-9-S 12. Posted to Prevent Occupancy. Whenever any premises has been denied initial rcgi:;trJtion license, had its rcgi:;trJtion licensed revoked, suspended, denied or not renewed or is untit for human habitation, it shall be posted by the Ge4e building G~fficial to prevent further occupancy. No person, other than the Ge4e building Gofficial or hi:; rcprc:JcntJtivc, shall remove or alter any - posting. The GeBe building 8~fficial will post the date the . premises shall be vacated and no person shall reside in, . occupcmcy occupy or cause to be occupied that premises until the Ge4e building G~fficial permits it. 407.M 13. Penalties. A person who violates the provisions - of Section 407 l.:J guilty of .J. mi.:JdcmcJnor. may be charged with a misdemeanor or be subject to the issuance of an administrative citation as provided in Section 355. Each day that a violation continues shall be deemed a separate offense. The Ge4e building G~fficial may post the premises by appropriate signs or notices prohibiting occupancy, and may act to cause the premises to be vacated or remain vacant until the Code violations are corrected. 407.14 No Retaliation. No licensee shall evict, threaten to evict or take any other punitive action against any tenant by reason of good faith calls made by such tenant to law enforcement agencies relating to criminal acti vi ty, suspected criminal activity, suspicious occurrences or public safety concerns. This section shall not prohibit the eviction of tenants from a dwelling unit for unlawful conduct of a tenant or invitee or violation of any rules, regulations or lease terms other than a prohibition against contacting law enforcement agencies. . 407.-l-G 15. No Warranty by City. By enacting and undertaking - to enforce this Ordinance, neither the City nor its Council, agents or employees warrant or guaranty the safety, fitness or suitability of any dwelling in the City. Owners and occupants should take whatever steps they deem appropriate to protect their interests, health, safety and welfare. (This section was added through Ord. No. 95-764) Section 3. The effective date of this ordinance shall be the date of publication. First Reading: December 17, 2002 Second Reading: January 7, 2003 Date of Publication: January 16, 2003 Date Ordinance Takes Effect: January 16, 2003 . Gene Maxwell, Mayor ---- ---- . ATTEST: Terry Obermaier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date . .