2008-0994Hopkins City Code
City of Hopkins
Ordinance No. 2008-994
(Jan 29, 2008) 407
An ordinance amending Section 407 of the Hopkins City Code.
Be it ordained by the Council of the City of Hopkins that Hopkins
Ordinance Section 407 entitled "Rental Registration" and originally
adopted June 14, 1995 is amended to read as follows:
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.
407.02. Preamble. The City believes that providing for public
health, safety and welfare to its citizens mandates the existence
of a rental dwelling unit license and maintenance program that
corrects substandard conditions and maintains a standard for rental
dwelling units.
407.03. Scope. This Section applies to all dwelling units that are
leased in whole or in part as rental dwelling units. It includes
accessory structures such as garages and storage buildings and
appurtenances such as sidewalks and retaining walls, which are on
the property. 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. Definitions.
~Subd.1. 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 town homes.
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.
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Hopkins City Code (Jan 29, 2008) 407
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, Sing~.e-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.
J
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. 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. 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.
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Hopkins City Code (Jan 29, 2008) 407
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.
407.05. Rental License.
Subd. 1. Required. No person shall operate, let or
cause to be let, a rental dwelling unit, which has not been
properly licensed by 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 a rental license, the building official may cause an inspection
to be made of the 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 rental dwelling unit may
be re-inspected after a renewal application is filed to determine
if it still conforms to all applicable codes and ordinances.
Subd. 2. Criminal Background Check. The licensee shall
conduct criminal background checks on all prospective tenants. The
criminal background check must include the following:
a) A statewide (Minnesota) criminal history check of all
prospective tenants covering at least three years; the
check must be done utilizing the most recent update of the
state criminal history files;
b) A statewide criminal history check from the prospective
tenant's previous state of residence, if available, if the
tenant is moving directly from the previous state;
c) A criminal history check of any prospective tenant in their
previous states of residence, if available, covering the
last three years if they have not resided in Minnesota for
three years or longer;
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Hopkins City Code
(Jan 29, 2008) 407
d) A criminal history check of any prospective tenant must be
conducted in all seven counties in the metro Twin City area
(Hennepin, Ramsey, Anoka, Carver, Dakota, Scott and
Washington) covering at least the last three years
including all misdemeanor, gross misdemeanor, and felony
convictions.
Subd. 3. Disorderly Behavior Lease Provisions. All tenant
leases shall contain crime-free_drug-free provisions or equivalent
that^prohibits the disorderly behavior identified in section
407.13. These lease provisions shall be incorporated into every
new lease for a tenancy beginning February 14, 2008 or the day this
ordinance is officially adopted by the City of Hopkins and all
renewed leases by Januarv'1, 2009.
Subd. 4. Application Filed. A license application shall
be submitted to the building official on forms furnished by
the City of Hopkins and must contain the following
information:
a) Name, address, and telephone number of the owner
of the 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.
b) Name, address, ar~d telephone number of any owner's
agent responsible for the management of the rental
dwelling unit(s).
c) ~ Street address of the rental dwelling
unit (s) .
d) Number and type of dwelling units (one (1)
Bedroom, Two (2) Bedrooms, etc....)
e) Owner shall certify compliance with the
~uirement for conducting background checks on
perspective tenants found in Subd. 2.
f) Owner shall certify compliance with the
requirement to include disorderly behavior lease
provisions required in Subd. 3.
Subd. 5. 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
. Page 4
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Hopkins City Code (Jan 29, 2008) 407
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. 6. Annual Licensing. All rental dwelling units shall be
licensed before being let, in whole or in part. Licenses will
expires annually at midnight on October 31. The license for each
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.
Exemptions: Rental licenses are not required for dwelling units
that an immediate relative occupies. For the purpose o~f this
exemption, relative shall be defined as a husband, wife, father,
mother, son, daughter, brother, sister, grandson, granddaughter,
grandfather, or grandmother.
Subd. 7. License Fee. All license fees required by this
section are set forth by City Council resolution. These must
accompany the license application. The 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. 8. Inspection Fee. Inspection fees will be charged
at the time dwelling units are inspected. Inspection fees
required by this section are set forth by City Council
resolution.
Subd. 9. Record Retention. The license application and all
other documents pertinent to a rental dwelling unit shall be kept
on file in the office of the building official. A copy shall be
furnished to the owner or other authorized person upon request.
407.06. Issuance 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 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
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Hopkins City Code (Jan 29, 2008) 407
and a common property identification number shall be issued a
single license. This ordinance does not require posting of Rental
licenses, however the property owner or agent for the owner must be
able to present the license if asked to do so.
407.07. Minimum Inspection Standards. The minimum standard to be
used for inspections, pursuant to section 407.09, for compliance
with the Property Maintenance Code for buildings as adopted and
amended by Hopkins Ordinance Section 405, et seq., and shall
include the inspection of the building exterior, the common areas
and the basement. In addition, if there are ten (10) or fewer
individual dwelling units in the building, minimum inspection
requirements include_ inspecting fifty (50) percent of the
individual dwelling units, with a minimum of at least one (1)
dwelling unit. If there are between eleven (11) and twenty-four
(24) individual dwelling units, inclusive, in the building, minimum
inspection requirements include inspecting five (5) individual
dwelling units in the building. If there are twenty-five (25) or
more individual dwelling units in the building, minimum inspection
requirements include inspecting twenty (20) percent of the
individual dwelling units. The specific individual dwelling units
to be chosen for inspection shall be determined pursuant to
inspection division polio.
If the rental dwelling structure is considered to be "substandard"
as defined by section 407.10, the building official or authorized
representative may inspect additional units, up to all of the units
in the building.
407.08. Inspection guidelines,. The Building Official shall adopt a
policy for inspecting all rental dwellings, which are required to
be licensed under this article, consistent with inspection
procedures set forth in this section. The policy shall contain
objectives for the systematic inspection of all rental dwellings
and priorities for the use of scarce inspection resources. The
guidelines may be based upon any. of the following factors and any
other factors deemed by the director to promote an efficient
inspections program:
(a) _Geographic distribution and concentration of rental
dwellings.
(b) Rental dwellings with delinquent property taxes.
(c) Property identified by the inspections division as having an
excessive number of housing code violations or a history of
noncompliance or slow compliance with housing inspection orders.
(d) Rental dwellings for which no license has been obtained.
Page 6
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Hopkins City Code (Jan 29, 2008) 407
(e)Rental dwellings with an excessive number of police calls for
drug offenses, prostitution, crimes of force or violence, and
loud disturbances or parties.
(f)Sale of the equitable interest in a rental dwelling property.
(g)Conversion of homesteaded dwelling units to rental dwellin
units.
407.09. Licensing standards, The following minimum standards and
conditions shall be met in order to hold a rental dwelling license
under this article. Failure to comply with any of these standards
and conditions shall be adequate grounds for denial, refusal to
renew, revocation, or suspension of a rental dwelling license.
(a) The licensee or applicant shall have paid the required license
fee.
(b) Rental dwelling units. shall not exceed the maximum number of
dwelling units permitted by the zoning ordinance.
(c) No rental dwelling or rental dwelling unit shall be over
occupied or illegally occupied in violation of the zoning ordinance
or the Property Maintenance Code.
(d) The rental dwelling shall not have been used or converted to
rooming units in violation of the zoning ordinance.
(e) The owner shall not allow weeds, vegetation, junk, debris, or
rubbish to accumulate repeatedly on the exterior of the premises so
as to create a nuisance condition. If the city is required to
abate such nuisance conditions under section 605.02 of the City
Code, or collect, gather up or haul solid waste more than three (3)
times during a period of twelve (12) months or less, it shall be
sufficient grounds to deny, revoke, suspend or refuse to renew a
license.
(f) The rental dwelling or any rental dwelling unit therein shall
not be in substandard condition, as defined in section 407.10.
(g) The licensee or applicant shall have paid the required initial
inspection and reinspection fees.
(h) The licensee or his or her agent shall allow the building
official or authorized representative to perform a rental license
review inspection as set forth in section 407.12.
(i) There shall be no delinquent property taxes or assessments on
the rental dwelling.
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Hopkins City Code (Jan 29, 2008) 407
(j) There is no active arrest warrant for a Property Maintenance
Code or Zoning Ordinance violation pertaining to any property in
which the licensee, applicant or property manager has a legal or
equitable ownership interest or is involved in management or
maintenance.
(k) Any person(s) who has had an interest in two (2) or more
licenses revoked pursuant to this article or canceled pursuant to
section 407.14 or a combination of revocations or cancellations
shall be ineligible to hold or have an interest in a rental
dwelling license for a period of five (5) years.
(1) No new rental dwelling license shall be issued for the property
during the pendency of adverse license action initiated pursuant to
section 407.14,
(m) The licensee or applicant must have a current, complete, and
accurate rental dwelling application on file with the housing
inspector in accord with the provisions of section 407.05.
407.10. Substandard dwelling. A rental dwelling structure shall be
considered substandard if:
(a) At least one dwelling unit within the structure scores twenty-
five (25) or more points; or
(b) The entire structure scores more than the points shown below
based on the number of units within the structure:
TABLE INSET:
Number of Units Total Points
1 25
2 30
3 35
4 40
5 or more 10 oints per unit; or
(c) Any major violation within the dwelling remains uncorrected.
Any single violation scoring six (6) or more points is considered a
ma~i or violation .
For purposes of the point calculation in this section, an
combination of four (4) rooming units or shared bath units shall
constitute one (1) dwelling unit. Points for a violation in a
common area of the structure outside a dwelling unit will not be
cumulative on a unit-by-unit basis. However, twenty-five (25) or
more points in the common areas of a structure, including, but not
limited to, the entryways, corridors, community rooms, exterior
walls and roof, will constitute a substandard structure.
Page 8
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Hopkins City Code (Jan 29, 2008) 407
'The Building Official shall cause to be prepared and shall keep on
file for public inspection a rental licensing inspection deficiency
point system used in the point calculation procedure set forth
herein. The Building Official or authorized representative shall
assign points according to the severity of each code violation on a
scale from one up to the maximum points possible for such
violation. Except when otherwise provided by state law, conditions
in the design or structure of a building, such as, but not limited
to, the size and dimension of rooms and windows and the electrical
and plumbing systems that were legal under existing codes when
built shall not be violations as long as they are maintained in
good repair. A violation shall receive maximum points when a
required item is completely absent, completely fails to perform its
function, or is imminently hazardous to the health or safety of the
occupants.
407.11. 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.
407.12. Inspection. The Building Official may set up a schedule of
periodic inspections to insure compliance with this Section. The
building official 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
tenant of a rental dwelling unit fails or refuses to permit entry
to the rental dwelling unit under his/her control for an inspection
pursuant to this Ordinance the building official may seek a Court
Order authorizing such inspection.
407.13. Disorderly Behavior at Licensed Rental Dwelling Units.
Subd. 1. Responsibility. It shall be the licensee's
responsibility to ensure 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
Page 9
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Hopkins City Code (Jan 29, 2008) 407
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 U.S.C. 802]) or possession of
drug paraphernalia (MS 152.092). 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 Mi~.nesota 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. An "emergency call," within the definition
of Minnesota Statutes section 609.78, Subd. 3, will not be
considered an instance of disorderly behavior 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) .
Page 10
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Hopkins City Code (Jan 29, 2008) 407
2. An "emergency call," within the definition of Minnesota
Statutes section 609.78, subd. 3, will not be considered an
instance of disorderly behavior 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 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 t~-r-~e-~~- twelve
(12) 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 twelve (12 )
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 +^~ ' ~ ~ ` fifteen (15 ) 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
Page 11
Hopkins City Code (Jan 29, 2008) 407
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.
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 by a preponderance of the
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.
407.14. Revoking, Suspending, Denying or Not Renewing a License.
Subd. 1. The City Council may revoke, 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 one or
more rental dwelling units at the discretion of the Council. The
basis for such revocation, suspension, denial or non-renewal
includes, but is not limited to, any of the following
circumstances:
a) The license was procured by misrepresentation of material
facts with regard to the rental dwelling unit or the
ownership of the 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 rental dwelling unit contains conditions that might
injure or endanger the safety, health or welfare of any
member of the public.
Page 12
Hopkins City Code
(Jan 29, 2008) 407
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.
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. The building official 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 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 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 agent and the
building official shall be given an opportunity to be heard. The
owner may be represented by counsel. 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 recommendation of the building
Page 13
Hopkins City Code (Jan 29, 2008) 407
official 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
applies, the duration of the revocation, suspension, denial or
non-renewal, and the conditions that must be met before the
license may be reissued or reinstated. 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.
407.15. Effect,of'Revocation:- Suspension, Denial, or Non-Renewal.
If a 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 unit(s), until such time as a
valid rental license is obtained for the rental dwelling unit(s).
Issuance of a new license after revocation, suspension, denial or
non-renewal shall be made in the manner provided for in Section
4 0 7 . 0~-5 .
407.16. Posted to Prevent Occupancy. Whenever any rental dwelling
unit has been denied an initial license, had its licensed revoked,
suspended, denied or not renewed it shall be posted by the building
official to prevent further occupancy. No person, other than the
building official shall remove or alter any posting. The building
official will post the date the rental dwelling unit shall be
vacated and no person shall reside in, occupy or cause to be
occupied that rental dwelling unit until the building official
permits it.
407.17. Penalties. A person who violates the provisions of Section
407 may be charged with a misdemeanor or be subject to the issuance
of an administrative citation as provided in Section 355 or both.
Page 14
Hopkins City Code (Jan 29, 2008) 407
Each day that a violation continues shall be deemed a separate
offense. The building official may post the rental dwelling unit by
appropriate signs or notices prohibiting occupancy, and may act to
cause the rental dwelling unit to be vacated or remain vacant until
the Code violations are corrected.
407.18 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 tenan+t'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.
407.19. No Warranty by City. By enacting and undertaking to enforce
this Ordinance, the City, City Council, its agents, e-~ and
employees do not warrant or guarantee 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) (Amended by Ord. 2002-890)
By:
G e axwell, Mayo
ATTEST
~ ~_
~ .~..
,~ .-.
~~ rry ~ ~rmaier, City Clerk
.~
First Reading
Second Reading:
Date of Publication:
January 15, 2008
February 4, 2008
February 14, 2008
Date Ordinance Takes Effect:-February 14, 2008
Page 1'S
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