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Memo - 2nd Reading Ordinance 2002-890 Memorandum To: Mayor Eugene J. Maxwell and Members of the City Council From: Rick Davidson, Building Official Date: March 26, 2003 Re: Second Reading of Ordinance 2002-890 Staff recommends that the City Council approve the following motion: Move that the Hopkins City Council approve Ordinance 2002-890 for second readinq, approve Summary Ordinance 2002-890, and order Summary Ordinance 2002-890 published. . This is the second reading of an ordinance that amends Section 407 of the Hopkins City Code related to the licensing of rental properties. Since the first reading of the ordinance, which occurred on December 17, 2002, staff members have met three times with the Hopkins Apartment Managers Association (H.A.M.A.) and the Apartment Owners Association. In addition to approximately five hours of meetings with these groups, we have also received numerous written and verbal communications from them or agents for their associations. With one exception, I feel that the managers and owners are comfortable with the ordinance as it is proposed to you tonight. In addition to providing greater incentives to rental property owners to control activity in their rental buildings, the Hopkins Police Department sees this ordinance as an important part of its efforts to reduce calls (Hopkins Police Department 2002 Annual Report). There have been a number of changes made to the ordinance since the first reading largely based on the meetings and correspondence. In section 407.05, subdivision 2 and 3, language was changed at the request of Dan Babcock of Fine Management to clarify issues related to an owner's agent for maintenance and emergency repairs. In section 407.06, language has been deleted that would have required utility bills and real estate taxes to be paid before a license was issued or renewed. This was removed at the request of the H.A.M.A. with the concurrence of staff. There are already means in place to collect delinquent utility bills and taxes, it would take a significant amount of staff time and effort to track this information, and innocent tenants would have been penalized if the license was revoked since they would need to vacate their apartments for reasons beyond their control. 1 March 25, 2003 . In section 407.09, subdivision 2, H.A.M.A. asked that activity that did not occur on their property not be used as a basis for license suspension or revocation. Amendments were made to clarify that intent. In section 407.09, subdivision 2, references to the rental agreement were deleted since this is an issue solely between the landlord and the tenant. Section 407.09, subdivision 2, was revised at the request of Donna Hanbery, an attorney for Highland Management, to clarify that an instance of disorderly conduct could not be based on calls which were on domestic abuse or where a failed eviction occurred. . Section 407.09, subdivision 4, was revised at the request of H.A.M.A. to increase from 5 days to 10 days the time period that owners had to respond to a second notice of disorderly conduct. Section 407.09, subdivision 5, was revised to clarify that the denial, revocation, suspension, or non-renew~1 was an action by the City Council. Section 407.09, subdivision 7, was revised at the request of H.A.M.A. This revision provides an exception to revocation or suspension of a license as long as the licensee is diligently pursuing the eviction process or if the eviction process is not upheld by the courts. Section 407.14 was revised at the request of H.A.M.A. since this issue is already addressed in state law. The revision cites the statute section and more closely follows state law. Section 407.10, subdivisions 3, 4, and 5 have been revised to provide greater direction on the process involved should a hearing become necessary. It further provides that the suspension or revocation would end as soon as the conditions, which caused the suspension or revocation, are corrected. In addition to those changes listed above, there have been a number of editorial changes and corrected typos not listed here. The effective date has been set as July 9,2003 to allow time to send notices to all apartment owners of the new ordinance and to allow some time for them to begin incorporating the new regulations into their leases. This effective date was agreeable to the members of H.A.M.A. Attachments: . Ordinance 2002-890 . Summary of Ordinance 2002-890 2 . . . 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, Sectiqn 407 Rental Registration, is hereby amended to read as follows: Section 407 - Rental R~giotration Licenses 407.01. Purpose. It is the purpose of this Section to assure that rental housing in the City is decent, safe and sanitary and is 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 in the community. The operation of rental dwelling units 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 in surroundings that are: safe, secure and sanitary; free from crimes' and criminal activity, nuisances or annoyances. 407.0~~. Preamble. The City believes that providing for public health, safety and welfare to its citizens mandates the existence of a rC8idcnti~1 rcnt~l prcmioc8 rental dwelling unit rcgiotr~tion license and maintenance program ~;hich that corrects substandard conditions and maintains a standard for rcoidcntiol rcnt~l prcmioco rental dwelling units. 407.0~~. Scope. This Section applies to all prcmioc8 ;.hich dwelling units that are rcntcd 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 prcmioco property. This Section does not apply to Minnesota Department of Health licensed rest homesL convalescent care facilities, nursing homes, hotels or motels licensed by the City. 407.04.Definitions. Subd.l. 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. Page 1 of 12 Subd. 2. Building Official: The building official for the City of Hopkins or his/her duly authorized representative(s). Subd. 3. City: Shall mean the City of Hopkins. Subd. 4. City Council: Shall mean the City Council of the City of Hopkins. Subd. 5. 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. 6. Denial: As used in the City of Hopkins Ordinances is the refusal to grant a license to a new or renewing applicant by the City. Subd. 7. 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. 8. Dwelling, Single-Family: A building or portion thereof containing one dwelling unit. For purposes of this Section, a single family dwelling unit includes a free standing single family residence, a single dwelling in a cooperative, an individual condominium or townhouse, a single dwelling unit in a non- residential structure or a dwelling unit offered for rent in a duplex in which the owner occupies the other dwelling unit. Subd. 9. Dwelling, Two-Family: A building or portion thereof containing two dwelling units. Subd. 10. Efficiency Dwelling Unit: A dwelling unit containing only one habitable room plus bathroom facilities. Subd. 11. Lease: An oral or written agreement between a dwelling unit owner and a tenant for temporary use of a rental dwelling unit, usually in exchange for payment of rent. Subd. 12. License: The formal approval of an activity specified on the certificate of license issued by the City of Hopkins. Subd. 13. a rental dwelling cash. Rent: The consideration paid by a tenant to the owner of dwelling unit for temporary and exclusive use of the rental unit by the tenant. The consideration is not limited to . Page 2 of 12 \. . Subd. 14. Rental Dwelling Unit: A dwelling unit or sleeping room occupied and leased by a tenant. Subd. 15. Revoke: To take back a license issued by the City of Hopkins. Subd. 16. Sleeping Room: Any room or rooms used or intended to be used by a tenant for sleeping purposes with or without meals and not licensed by the Minnesota Department of Health. Subd. 17. Suspend: To make a license temporarily inoperative. Subd. 18. Tenant: Any adult person granted temporary use of a rental dwelling unit or sleeping room pursuant to a lease with the owner of the rental dwelling unit. Subd. 19. 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. . 407.03~. Registration Rental License. Subd. 1. Required. No person shall operate, let or cause to be let, a rental dwelling unitL which has not been properly regi8tered licensed ~ Qy the City of Hopkins in the manner required by this Ordinance. A license must be obtained for each residential dwelling unit except, two or more residential dwelling units located within a single building and having a common owner and a common property identification number shall require only a single license. Upon receipt of the properly executed initial application for regiotr~tion a rental license, the Code Offici~l ~nd/or hi8 or her de8ign~ted ~gent building official may cause an inspection to be made of the prcmioc rental dwelling unit(s) to determine whether it is in compliance with Section 405, other Hopkins ordinances, and the laws of the State of Minnesota. Every prcmi8e rental dwelling unit may be rcinopccted re-inspected after a renewal application is filed to determine if it still conforms to all applicable codes and ordinances. Subd. 2. Application Filed. A regiotr~tion license application shall be submitted to the Geee building Bofficial on forms furnished by the City of Hopkins and must contain the following information: . (a) N~me ~nd ~ddreo8 Name, address, and telephone number of the owner of the premioe rental dwelling unit(s). This is the address that all future correspondence from the city will be sent to. Owner shall indicate if the owner is a corporation, partnership, or sole proprietorship. Page 3 of 12 (b) N~me ~nd ~ddreoo of ~ peroon in ~ddition to the o.,mer ,;ho oh~ll be reoponoible for eompli~nee .,Ii th thio ~nd ~ny other Code requirement pert~ining to the premioei ouch peroon oh~ll reoide in the metropolit~n ~re~. ~l2l NameL ~ address, and telephone number of any owner's agent responsible for the management of the premioeo rental dwelling unit(s). (d) N~me ~nd ~ddreoo of ~ll p~rtnero if thc mmer io ~ p~rtnerohip. (e) N~me ~nd ~ddreoo of ~ll officero of ~ corpor~tion if the O".mer io ~ eorpor~tion. (f) N~~e ~nd ~ddreoo of ~ll ~endoro ~nd of ~ll ~endeeo, if the premioeo io being oold purou~nt to ~ contr~et for deed. . (g) N~me ond ~ddreoo of ~ny ~ooigneeo of either the ~endor or the ~endee in ~ny ouch eontr~ct for deed. ~ ~ Legal address of the premioe rental dwelling unit(s) . ~ JQl Number and type of dwelling units (one (1) Bedroom, Two (2) Bedroom~, etc....) ."i thin e~ch of the premi:Jeo. Subd. 3. ~gent for Emergency nep~ir nequired. No regiotr~tion :Jh~ll be iooued or renc.;ed for ~ nonreoident o.,mer of the premioe unleoo ouch o.,mer deoign~teo in Hriting the n~me of hio/her ~gent "ho io reoponoible for m~inten~nce ~nd upkeep ~nd ..,ho io ~uthorized to inotitute emergency rep~iro of the premioeo. The Code offici~l oh~ll be notified in ,;riting of ~ny ch~ngeo of oueh ~gent. . Subd. q. Ch~ngeo in negiotr~tion or in rremioeo negiotered Licenocd. ~ regiotr~tion io not ~ooign~ble. If the n~me or ~ddreoo of ~ny of the peroono required to be pro~ided ch~ngeo, or if ~ny ch~ngeo occur in the o..merohip or m~n~gement of the premioeo, the e][ioting regiotr~tion oh~ll be ~mcnded within thirty (30) d~yo to correopond to ouch ch~ngeo ~nd e~ch ouch ~mendment oh~ll be ~ccomp~nied by ~ fce oct by City Council reoolution. If ch~ngeo ~re m~de in the number or type of unite Page 4 of 12 regiotered, ouch ~ddition~l unito oh~ll be regiotered ~nd oh~ll be ~eeomp~nied by the fee required to be p~id for initi~l regiotr~tion. Subd. 3. Changes in Ownership and Amended Licenses. A license is not assignable. Any changes occurring in the ownership of a rental dwelling unit(s) require a new license. The new owner must obtain a new license within thirty (30) days of acquiring the property. The fee paid for the new license shall be the fee required for an initial license. If any changes occur in any information required on the license application, the owner must submit an amended license application to the City within thirty (30) days of the change. If any rental dwelling units are added to a current license, the additional rental dwelling units must be licensed by amendment of the current license and must be accompanied by the fee required for the additional units. . Subd. ~i. Annual negiotr~tion Licensing. All reoidenti~l rent~l premioeo rental dwelling units shall be regiotered licensed before being let, in whole or in part. negiotr~tion Licenses will for e~ch premioe expire~ annually at midnight on October 31. The regiotr~tion license for each premioeo building containing rental dwelling units must be renewed annually on or before October 31. Rental dwelling units must be registered as a sleeping room, a single-family dwelling, a two-family dwelling, or an apartment building. Any unlicensed rental dwelling units are subject to penalties. Subd. -6~. Regiotr~tion License Fee. The initi~l ~nd renc,,~l regiotr~tion All license fees required by this section are set forth by City Council resolution. These must accompany the rcgiotr~tion license application. The regiotration 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. ~~. Record Retention. The regiotr~tion license application and all other documents pertinent to a premioe rental dwelling unit shall be kept on file in the office of the Beee building official. A copy shall be furnished to the owner or other authorized person upon request. . 407.04. rooting. The owner of ~ premioeo oh~ll poot ~ copy of the "Occup~ncy Record C~rd" ~t the premioeo in ~ pl~ce ~nd in ~ m~nner ~ppro~ed by the Code offici~l. Page 5 of 12 407.06. Issuance of Certificate of License. The City shall issue a license if the rental dwelling unit(s) and the application are found to be in compliance with the provisions of this section subject to Section 407.09 and any required license fees are paid. A license will be issued for each residential dwelling unit except, two or more residential dwelling units located within a single building and having a common owner and a common property identification number shall be issued a single license. Rental licenses are not required to be posted, however the property owner or agent for the 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. 407.0~8. Inspection. The Geee building Gofficial may set up a schedule of periodic inspections to insure compliance with this Ch~ptcr Section. The Beae building 8Qfficial 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 rental dwelling unit shall give the owner or the owner's agent access to any part of such rental 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 occuPQnt tenant of a rental dwelling unit fails or refuses to permit entry to the prcmioc rental dwelling unit under his/her control for an inspection pursuant to this .Ordinance7 ~!he Geee building official may seek a Court Order authorizing such inspection. 407.09. Disorderly Behavior at Licensed Rental Dwelling Units. Subd. 1. Responsibility. It shall be the licensee's responsibility to assure that the tenants, the tenants' family members and the guests of any tenant or tenant's family member not engage in disorderly behavior in the rental dwelling unit. For the purposes of this section, rental dwelling unit shall include common areas in the building where the rental dwelling unit is located. Subd.2. Disorderly Behavior. For the purposes of this section, disorderly behavior may include but is not limited to the following: . a. Drug-related illegal activity in the rental dwelling unit. "Drug-related illegal activity" means the illegal possession, manufacture, sale, distribution, purchase, use, or possession with intent to manufacture, sell, or distribute a controlled substance (as defined in the Controlled Substance Act [21 D.S.C. 802]) or possession of drug paraphernalia (MS 152.092). Page 6 of 12 A tenant shall be deemed to be in possession of a controlled substance if any amount is located in the tenant's rental dwelling unit even if the tenant claims not to know the controlled substance was present unless the tenant provides a sworn statement by a person, other than another tenant or tenant's family member, that the controlled substance was theirs and the tenant had no knowledge of the controlled substance. b. Acts of violence or threats of violence including but not limited to discharge of firearms, prostitution, intimidation, or any other act that otherwise jeopardizes the health, safety or welfare of the licensee, his agents or tenants. c. Violation of Minnesota Statute, Section 609.72 (Disorderly Conduct) d. Violation of Minnesota Statutes 609.74 and 609.745 (Public Nuisance) e. Violation of Minnesota Statutes 609.66, Subd.la, 609.67 or 624.713 (Unlawful use or possession of a firearm or weapon) . f. Violation of Minnesota Statute 609.50 (Obstructing Legal Process) ) g. Violation of Hopkins Code 2005.01, Subd. 1 or Subd. 2, (Firearms) . h. Violation of Hopkins Code 2005.59, Subd. 8 or Subd. 12 (Nuisances) i. Violation of Hopkins Code 2005.61 (Noise) Exceptions: 1. 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 "Family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B 01, Subd.2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B 01, Subd. 2 (a). 2. Calls will not be counted for purposes of determining whether a license will be denied, suspended, non-renewed or revoked where the call is a result of a tenant, a member of a tenant's household, or guest taking action to seek emergency assistance that is protected by Minnesota State Statute 504B.205, Residential tenant's right to seek police and Page 7 of 12 emergency assistance. . Subd. 3. First Instance. Upon determination by the building official that a rental dwelling unit was the location of disorderly behavior, the building official shall notify by first class mail the licensee and tenant of the violation and direct the licensee to take steps to prevent further violations. Subd. 4. Second Instance. If a second instance of disorderly behavior occurs at a rental dwelling unit within three (3) months of the time a notice was sent for previous disorderly behavior at the same unit, the building official shall notify by first class mail the licensee and the tenant of the violation and direct the licensee to submit, within ten (10) days of the date of the notice, a written report of all actions taken by the licensee since the first violation notice and actions the licensee intends to take to prevent further disorderly behavior. Subd. 5; Third Instance. If a third instance of disorderly behavior occurs at a rental dwelling unit within three (3) months after the first of two previous notices of disorderly behavior at the same unit, the rental dwelling unit license may be revoked, suspended or not renewed by the City Council upon the recommendation of the building official. The building official shall make his/her decision to recommend revocation, suspension or non-renewal of the license and submit his/her recommendation to the City Council within 10 days of the third instance of disorderly behavior. Subd. 6. For purposes of this Section, second and third instances of disorderly ~ behavior shall be those which: a. Occur at the same rental dwelling unit; or b. Involve tenants at the same rental dwelling unit; or c. Involve guests or invitees at the same rental dwelling unit; or d. Involve guests or invitees of the same tenant; or Involve the same tenant. Subd. 7. Postponing License Action. No .adverse license action shall be imposed where the instance of disorderly behavior occurred during pending eviction proceedings (unlawful detainer) or within thirty (30) days of notice given by the licensee to a tenant to vacate the rental dwelling unit. However, adverse license action may proceed when the licensee fails to diligently pursue the eviction process. 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 the licensee has taken appropriate measures which will prevent further instances of disorderly behavior which may include a failed eviction process. Page 8 of 12 Subd. 8. Determining Disorderly Behavior of a License. A determination that the rental dwelling unit has been the location of disorderly behavior shall be made upon substantial evidence to support such a determination. It shall not be necessary that criminal charges be brought in order to support a determination of disorderly behavior, 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 in this section shall not be exclusive, and the city council may take any action with respect to a licensee, a tenant, or the licensed rental dwelling unit(s) as is authorized by this ordinance or state law. 407.~10. Rc~ocation Revoking, Suspending, Denying or Not Renewing a License. Subd. 1. The City Council may revoke, the rcgiotr~tion of ~ny prcmioeo. suspend, deny or decline to renew any license issued under this Section. In buildings containing more than one rental dwelling unit, the revocation, suspension, denial or declination may apply to ~ portion of the regiotr~tion co~ering one or more rental dwelling units or it ffi~Y ~pply to the entire building at the discretion of the Council.' The basis for such revocation, suspension, denial or non-renewal includes, but are not limited to, any of the following circumstances: (a) The regiotrntion license was procured by misrepresentation of material facts with regard to the premioeo rental dwelling unit or the ownership of the preffiioeo rental dwelling unit. (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 premioe rental dwelling unit 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 violations of Hopkins City Code section 405 (Property Maintenance Code) in the time period specified in the notice of violation and correction. Page 9 of 12 (h) Following the third instance of disorderly behavior specified in section 407.09 that is not subject to the exception set forth in subdivision 2(i), Section 407.09, or the circumstances set forth in subdivision 7, Section 407.09. (i) Violation of any regulation or provision of the code applicable to the activity to which the license has been granted, or any regulation or law of the state so applicable. (j) Failure to continuously comply with any condition required of the applicant for the approval or maintenance of the license. (k) Any violation of this Section. . Subd. 2. Notification. Before revoking ~ regi8tr~tion, !he Geee building BQfficial 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 regiotr~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 regiotr~tion license application. It shall be the responsibility of the owner or the owner's agent to notify the tenant in writing of the hearing date, time and place. Subd. 3. Hearing. The owner or the owner's repreoent~tive, agent and the building Beee BQfficial ~nd ~ny other peroon ~hooe intereoto ~ould be ~ffected by revoc~tion of the regiotr~tion shall be given an opportunity to be heard. The owner may be represented by council. Both sides may be permitted to examine the other side's witness (es) . The Council shall hear all relevant evidence and arguments and shall review all testimony, documents, and other evidence submitted. The Council shall record the hearing and keep a record of documentary evidence submitted. . Subd. 4. Decision. The City Council shall make findings based on the evidence and shall make a decision on the recommendation to revoke, suspend, deny, or non-renew a license based on the findings. The City Council shall issue a written decision regarding the requeot recommendation of the building official for no l~ter th~n the third regul~rly ocheduled City Council meeting within 30 days following the date of the hearing and shall notify the appellant of the decision by first class mail with a duplicate copy to the building official. The decision shall specify the rental dwelling unit or units to which it Page 10 of 12 . applies. Thereafter, and until a license is reissued or reinstated, no rental dwelling units that have had their rental license revoked, suspended, denied, or non-renewed may be re- let or occupied. Revocation, suspension, denial, or non-renewal of a license shall not excuse the owner from compliance with all terms of this Section for as long as any rental dwelling units in the building are occupied. Subd. 5. License Process after Revocation, Suspension, Denial or Renewal Declination. After the City Council revokes, suspends, denies or declines to renew a license, no license will be issued for the affected rental dwelling unit(s) until the building official determines that the applicant/licensee has remedied the conditions identified by the City Council as the basis for its action. An application to obtain a license for a rental dwelling unit after the City Council has revoked, suspended, denied or declined to renew a .license for the same rental dwelling unit(s) must be accompanied by all fees required by this section. 407.Gfll. Effect of Revocation. , Suspension, Denial, or Non- Renewal. If a rcgiotr~tion license is revoked, suspended, denied or not renewed by the City Council.L 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 unit(s), until such time as a valid rental rcgiotr~tion license is obtained for the prcmioc rental dwelling unit(s). Issuance of a new rcgiotr~tion license after revocation, suspension, denial or non-renewal shall be made in the manner provided for in Section 407.0~5. 407.~12. Posted to Prevent Occupancy. Whenever any prcmioc rental dwelling unit has been denied an initial rcgiotr~tion license, had its rcgiotr~tion licensee revoked, suspended, denied or not renewed or io unfit for hum~n h~bit~tion, it shall be posted by the Becle building BQfficial to prevent further occupancy. No person, other than the Becle building BQfficial or hiD rcprcocnt~ti~c, shall remove or alter any posting. The Geee building BQfficial will post the date the prcmioc rental dwelling unit shall be vacated and no person shall reside in, occup~ncy occupy or cause to be occupied that prcmioco rental dwelling unit until the Becle building Bofficial permits it. 407.G913. Penalties. A person who violates the provisions of Section 407 io guilty of ~ miodcmc~nor. may be charged with a misdemeanor or be subject to the issuance of an administrative citation as provided in Section 355 or both. Each day that a violation continues shall be deemed a separate offense. The €ecle building BQfficial may post the prcmioco rental dwelling unit by appropriate signs or notices prohibiting occupancy, and may act to cause the prcmioco rental Page 11 of 12 . dwelling unit to be vacated or remain vacant until the Code violations are corrected. 407.14 No Retaliation: Per Minnesota State Statute Section 504B.205, Subd. 2, Emergency calls permitted. (a) A landlord may not: (1) bar or limit a residential tenant's right to call for police or emergency assistance in response to domestic abuse or any other conduct; or (2) impose a penalty on a residential tenant for calling for police or emergency assistance in response to domestic abuse or any other conduct. (b) A residential tenant may not waive and a landlord may not require the residential tenant to waive the residential tenant's right to call for police or emergency assistance. 407.*G15. No Warranty by City. By enacting and undertaking to enforce this Ordinance, neither the CitYL nor ita City Council, its agentsL er and employees do not 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 d~te of ninety (90) days after publication. First Reading: December 17, 2002 Second Reading: April 1, 2003 Date of Publication: April 10, 2003 Date Ordinance Takes Effect: July 9, 2003 Gene Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date Page 12 of 12 CITY OF HOPKINS COUNTY OF HENNEPIN SUMMARY OF ORDINANCE NO. 2002-890 AN ORDINANCE REVISING VARIOUS SECTIONS OF THE CITY CODE RELATED TO RENTAL LICENSING The following is a summary of the major revisions of the ordinance: . Chapter 407 Rental Licensing . Changes the focus of the ordinance from registration to licensing. . Exempts dwelling units under the control of the city from paying licensing fees. · Places responsibility for certain types of disorderly conduct on rental property on licensees. . Provides a list of activities considered to be disorderly behavior that can be used as a basis for suspension, revocation or non-renewal of a rental license. . Provides a more defined process for suspension or revocation of a license. . Adds a "no retaliation" clause to the ordinance. A printed copy of the entire ordinance is available from the City Clerk and at the Hopkins library. First Reading of Ordinance 2002-890 Second Reading of Ordinance 2002-890 Publication of Summary Ordinance 2002-890 Effective Date of Ordinance 2002-890 December 17, 2002 April 1, 2003 April 1 0, 2003 July 9, 2003 .