IV.3. Second Reading of Ordinance 2021-1169; Lenz
CITY OF HOPKINS
Memorandum
To: Honorable Mayor and Council Members
From: Ari Lenz, Assistant City Manager
Copy: Mike Mornson, City Manager
Date: August 17, 2021
Subject: Second Reading of Ordinance 2021-1169
_____________________________________________________________________
Staff recommends that the Council approve the following motion: Move to Adopt
Ordinance 2021-1169 An Ordinance Amending Chapter 20, Article III of the Hopkins City
Code Regarding Rental Housing.
No changes have been made to the ordinance since the August 2 first reading.
Attachment:
Ordinance 2021-1169
CITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE 2021-1169
ORDINANCE AMENDING CHAPTER 20, ARTICLE III OF THE HOPKINS CITY CODE
REGARDING RENTAL HOUSING
WHEREAS, a key council goal has been to increase renter engagement and
participation;
WHEREAS, Hopkins is over 65% rental and 41.1% of the community identifies as
non-white or Hispanic. The majority of our diverse community lives in rental housing. The
rental program has a direct impact on communities of color in our community and many
of our residents with the lowest economic status live in rental housing;
WHEREAS, the rental program is a protection for the renters, property owners, the
city and the surrounding community; and
WHEREAS, the proposed ordinance changes will make the rental program m ore
efficient and will retain the quality of service.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY
ORDAINS AS FOLLOWS:
SECTION 1. Section 20-119 of the Hopkins City Code is hereby amended to add the
double-underlined language and delete the stricken language as follows:
Sec. 20-119. - Purpose.
It is the purpose of this article to ensure that rental housing in the city is decent
respectable, 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 certa in responsibilities.
Operators are responsible for taking reasonable steps as necessary to ensure that the
citizens residents 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.
SECTION 2. Section 20-120 of the Hopkins City Code is hereby amended to add the
double-underlined language and delete the stricken language as follows:
Sec. 20-120. - Scope and applicability.
This article 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 wall s, which are on the property.
This article does not apply to state or county department of health and department of
human services licensed rest homes, convalescent care facilities, nursing homes, or
hotels or motels or lodging facilities licensed by the state, county or city.
SECTION 3. Section 20-121 of the Hopkins City Code is hereby amended to add the
double-underlined language and delete the stricken language as follows:
Sec. 20-121. – Definitions
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Apartment building means any building or portion thereof that contains three or
more dwelling units, sleeping rooms, or a combination thereof but not including
condominiums, cooperatives or town homes.
Building official means the building official for the city or his their duly authorized
representatives.
Condominium means 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 their
own unit.
Cooperative, Housing Cooperative or co -op means a residential housing option
that is a corporation whereby owners do not own their units outright, but are
shareholders and have equity in the corporation.
Denial means the refusal to grant a license to a new or r enewing applicant by the
city.
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 Sub stance Act, 21 USC 802, or
possession of drug paraphernalia as defined in M.S.A. § 152.092.
Dwelling, single -family means a building or portion thereof containing one
dwelling unit. 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 nonresidential structure or a dwelling unit offered for rent in a
duplex in which the owner occupies the other dwelling unit.
Dwelling, two-family means a building or portion thereof containing two dwelling
units.
Dwelling unit means a single unit providing complete, independent, living
facilities for one or more persons in one common household, including permanent
provisions for living, sleeping, e ating, cooking and sanitation. any building or portion
thereof that contains living facilities, including provisions for sleeping, eating, cooking
and sanitation, for not more than one family.
Efficiency dwelling unit means a dwelling unit containing only one habitable room
plus bathroom facilities.
Family (see definition of relative).
Fire Chief means the Fire Chief for the city or their duly authorized
representatives.
Lease means an oral or written agreement between a dwelling unit owner and a
tenant fo r temporary use of a rental dwelling unit, usually in exchange for payment of
rent.
License means the formal approval of an activity specified on the certificate of
license issued by the city.
Nuisance means any substance, matter, emission, or thing which creates a
dangerous or unhealthy condition or which threatens the public peace, health, safety,
or sanitary condition of the city or which is offensive or has a blighting influence on the
community and which is found upon, in, being discharged or flowing from any street,
alley, highway, railroad right -of-way, vehicle, railroad car, water, excavation, building,
erection, lot, grounds, or other property located within the city, see chapter 28.
Relative means individuals with legal, financial or shared caregiving
responsibilities for each other’s welfare including: spouse, domestic partners, parent
(including in-laws), child (including biological, step -child, foster child, adopted ch ild or
adult child or in-laws) sibling, grandchild (including biological, step -child, foster child,
adopted child or adult child), grandparent, any adult with legal guardianship status,
custody or those serving loco parentis and other persons operating in a caretaker roles
relative to the owner of the property.
Rent means 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.
Rental dwelling unit means a dwelling unit or sleeping room occupied and leased
by a tenant.
Revoke means to take back a license issued by the city.
Sleeping room means any room used or intended to be used by a tenant for
sleeping purposes with or without meals and not licensed by the state or county
department of health and department of human services .
Suspend means to make a license temporarily inoperative.
Tenant means 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.
Townhouse means 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 proper ty lines.
SECTION 4. Section 20-122 of the Hopkins City Code is hereby amended to add the
double-underlined language and delete the stricken language as follows:
Sec. 20-122. - Enforcement official.
The building official shall be responsible for enforcement and administration of this
article. Authority to take any action authorized under this section may be delegated to the
building official or fire chief's authorized designee.
SECTION 5. Section 20-123 of the Hopkins City Code is hereby amended to add the
double-underlined language and delete the stricken language as follows:
Sec. 20-123. - Penalties.
A person who violates the provisions of this article may be charged with a
misdemeanor or be subject to the issuance of an administrative citation or both. Each day
that a violation continues shall be deemed a separate offense. The building official or fire
chief 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 this Code violations are corrected.
SECTION 6. Section 20-149 of the Hopkins City Code is hereby amended to add the
double-underlined language and delete the stricken language as follows:
Sec. 20-149. - Required; exceptions.
(a) No person shall operate, let or cause to be let, a rental dwelling unit, which has n ot
been properly licensed by the city in the manner required by this article. A license
must be obtained for each residential dwelling unit, except that 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. All rental
dwelling units shall be licensed before being let, in whole or in part.
(b) Rental dwelling units must be licensed 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.
(c) Rental licenses are not required for dwelling units that an immediate relative occupies.
The term "relative" means individuals with legal, financial or shared caregiving
responsibilities for each other’s welfare including: a spouse, domestic partners,
parent (including in-laws), child (including biological, step-child, foster child, adopted
child, adult child or in-laws), sibling, grandchild (including biological, step-child, foster
child, adopted child or adult child), grandparent, any adult with legal guardianship
status, custody or those serving loco parentis and other persons operating in a
caretaker roles relative to the owner of the property. husband, wife, father, mother,
son, daughter, brother, sister, grandson, granddaughter, grandfather, or
grandmother.
(d) Rental dwelling units owned or under the control of the city must be licensed but are
exempt from paying license fees.
SECTION 7. Section 20-150 of the Hopkins City Code is hereby amended to add the
double-underlined language and delete the stricken language as follows:
Sec. 20-150. - Licensing standards; qualifications for licensure.
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:
(1) The licensee or applicant shall have paid the required license fee.
(2) Rental dwelling units shall not exceed the maximum number of dwelling units
permitted by city zoning regulations.
(3) No rental dwelling or rental dwelling unit shall be over occupied or illegally
occupied in violation of city zoning regulations or the property maintenance code.
(4) The rental dwelling shall not have been used or converted to rooming units in
violation of city zoning regulations.
(5) 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 this
Code, or collect, gather up or haul solid waste more than three times during a
period of 12 24 months or less, it shall be sufficient grounds to deny, revoke,
suspend or refuse to renew a license.
(6) The rental dwelling or any rental dwelling unit therein shall n ot be in substandard
condition.
(7) The licensee or applicant shall have paid the required initial inspection and re -
inspection fees.
(8) The licensee or his their agent shall allow the building official, fire chief or
authorized representative to perform a rental license review inspection(s).
(9) There shall be no delinquent property taxes or assessments on the rental dwelling.
(10) There is no active arrest warrant for a property maintenance code or zoning
regulations 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.
(11) Any persons who has had an interest in two or more licenses revoked or
canceled in Hopkins pursuant to this article 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 years.
(12) No new rental dwelling license shall be issued for the property during the
pendency of adverse license action initiated.
(13) The licensee or applicant must have a current, complete, and accurate rental
dwelling application on file with the housing inspector.
SECTION 8. Section 20-151 of the Hopkins City Code is hereby amended to add the
double-underlined language and delete the stricken language as follows:
Sec. 20-151. - Application.
A license application shall be submitted to the building official, fire chief or
authorized representative on forms furnished by the city and must contain the following
information:
(1) Name, address, email and telephone number of the owner of the rental dwelling
units. This is the address that all future correspondence from the city will be sent
to. The owner shall indicate if the owner is a corporation, partnership, or sole
proprietorship.
(2) Name, address, and telephone number of any owner's agent responsible for the
management of the rental dwelling units.
(3) Street address of the rental dwelling units.
(4) Number and type of dwelling units, including number of sleeping rooms.
(5) The owner shall certify compliance with the requirement for conducting
background checks on perspective tenants.
(6) The owner shall certify compliance with the requirement to include disorderly
behavior lease provisions.
SECTION 9. Section 20-153 of the Hopkins City Code is hereby amended to add the
double-underlined language and delete the stricken language as follows:
Sec. 20-153. - Inspection.
Upon receipt of the properly executed initial application for a rental license, the
building official, fire chief or authorized representative may cause an inspection to be
made of the rental dwelling units to determine whether it is in compliance with this Code
and state law. 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.
SECTION 10. Section 20-155 of the Hopkins City Code is hereby amended to add the
double-underlined language and delete the stricken language as follows:
Sec. 20-155. - Criminal background check.
The licensee shall conduct criminal background checks on all prospective tenan ts.
The criminal background check must include the following:
(1) 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;
(2) 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;
(3) 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;
(4) 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.
(5) Property Owners have the final decision on accepting a tenant after completion of
the background check.
SECTION 11. Section 20-157 of the Hopkins City Code is hereby amended to add the
double-underlined language and delete the stricken language as follows:
Sec. 20-157. - Term, renewal.
Licenses will expire annually at midnight on October 31 December 31st. The license
for each building containing rental dwelling units must be renewed annually on or before
October 31 December 1st.
SECTION 12. Section 20-159 of the Hopkins City Code is hereby amended to add the
double-underlined language and delete the stricken language as follows:
Sec. 20-159. - Records 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, fire chief or authorized
representative. A copy shall be furnished to the owner or other authorized person upon
request.
SECTION 13. Section 20-188 of the Hopkins City Code is hereby amended to add the
double-underlined language and delete the stricken language as follows:
Sec. 20-188. - Grounds.
The basis for revocation, suspension, denial or non -renewal includes, but is not
limited to, any of the following circumstances:
(1) The license was procured by misrepresentation of material facts with regard to
the rental dwelling unit or the ownership of the rental dwelling unit.
(2) The applicant or one acting in his their behalf made oral or written misstatements
accompanying the application.
(3) The applicant has failed to comply with any condition set forth in any other permits
granted by the city.
(4) The activities of the owner or agent create or have created a danger to the public
health, safety or welfare.
(5) The rental dwelling unit contains conditions that might injure or endanger the
safety, health or welfare of any member of the public.
(6) Failure to pay any application, penalty or reinstatement fee required by this article
and city council resolution.
(7) Failure to correct violations of the property maintenance code in the time period
specified in the notice of violation and correction.
(8) Three instances of disorderly behavior that is not subject to an exception or
exemption under this article.
(9) 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.
(10) Failure to continuously comply with any condition required of the applicant f or
the approval or maintenance of the license.
(11) Any violation of this article.
SECTION 14. Section 20-189 of the Hopkins City Code is hereby amended to add the
double-underlined language and delete the stricken language as follows:
Sec. 20-189. - Notice.
(a) The building official, fire chief or authorized representative 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 of the hearing under this sub division. The notice shall be served
upon the owner or the owner's agent at least 20 days before the hearing. A copy of
the notice will also be sent to the rental unit addressed general to “renter or current
occupant”.
(b) Service shall be deemed sufficient if the notice is sent to the owner or, the owner's
agent and the address of the rental unit addressed to “renter or current occupant” 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
hear date, time and place.
SECTION 15. Section 20-190 of the Hopkins City Code is hereby amended to add the
double-underlined language and delete the stricken language as follows:
Sec. 20-190. - Hearing.
The owner or the owner's agent and the building official, fire chief or authorized
representative 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
witnesses. 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.
SECTION 16. Section 20-191 of the Hopkins City Code is hereby amended to add the
double-underlined language and delete the stricken language as follows:
Sec. 20-191. - Final determination; written decision.
(a) 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.
(b) The city council shall issue a written decision regarding the recommendation of the
building official, fire chief or authorized representative 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, fire chief or authorized representative.
The decision shall specify the rental dwelling unit 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. A copy of the notice will also
be sent to the rental unit addressed general to “renter or current occupant” and
include materials necessary to assist the renter in understanding the impact of the
decision.
(c) Thereafter, and until a license is reissued or reinstate d, the rental dwelling units
affected may not be rented or occupied.
SECTION 17. Section 20-192 of the Hopkins City Code is hereby amended to add the
double-underlined language and delete the stricken language as follows:
Sec. 20-192. - Requirements for license after revocation, suspension, denial or non-
renewal.
(a) After the city council revokes, suspends, denies or declines to renew a license, no
license will be issued for the affected rental dwelling units until the b uilding official,
fire chief or authorized representative determines that the applicant/licensee has
remedied the conditions identified by the city council as the basis for its action.
(b) An application to obtain a license for a rental dwelling unit afte r the city council has
revoked, suspended, denied or declined to renew a license for the same rental
dwelling units must be accompanied by all fees required by this section.
SECTION 18. Section 20-195 of the Hopkins City Code is hereby amended to add the
double-underlined language and delete the stricken language as follows:
Sec. 20-195. - Posted to prevent occupancy.
Whenever any rental dwelling unit has been denied an initial license, had its license
revoked, suspended, denied or not renewed it shall be posted by the building official, fire
chief or authorized representative to prevent further occupancy. No person, other than
the building official, fire chief or authorized representative shall remove or alter any
posting. The building official, fire chief or authorized representative 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 , fire chief or authorized
representative permits it.
SECTION 19. Section 20-195 of the Hopkins City Code is hereby amended to add the
double-underlined language and delete the stricken language as follows:
Sec. 20-214. - Policy and guidelines to be established by building official, fire chief
or authorized representative.
The building official, fire chief or authorized representative shall prepare a policy for
inspecting all rental dwellings that are required to be licensed under this article. 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 community services director, fire
chief or authorized representative to promote an efficient inspections program:
(1) Geographic distribution and concentration of rental dwellings.
(2) Rental dwellings with delinquent property taxes, utility bills or other city
charges/fees.
(3) 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.
(4) Rental dwellings for which no license has been obtained.
(5) Rental dwellings with an excessive number of police calls for drug offenses,
prostitution, crimes of force or violence, and loud disturbances or parties.
(6) Sale of the equitable interest in a rental dwelling property.
(7) Conversion of homesteaded dwelling units to rental dwelling units.
SECTION 20. Section 20-215 of the Hopkins City Code is hereby amended to add the
double-underlined language and delete the stricken language as follows:
Sec. 20-215. - Periodic inspection schedule may be established by building official,
fire chief or authorized representative.
The building official, fire chief or authorized representative may set up a schedule of
periodic inspections to ensure compliance with this article.
SECTION 21. Section 20-216 of the Hopkins City Code is hereby amended to add the
double-underlined language and delete the stricken language as follows:
Sec. 20-216. - Notice of intent to inspect; access for inspection.
The building official, fire chief or authorized representative shall provide
reasonable notice to the owner or the owner's agent as to the date and time of the
inspection.
SECTION 22. Section 20-217 of the Hopkins City Code is hereby amended to add the
double-underlined language and delete the stricken language as follows:
Sec. 20-217. - Access for 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 article. 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 their control for an
inspection pursuant to this article, the building official , fire chief or authorized
representative may seek a court order authorizing such inspection.
SECTION 23. Section 20-218 of the Hopkins City Code is hereby amended to add the
double-underlined language and delete the stricken language as follows:
Sec. 20-218. - Minimum inspection standards.
(a) The minimum standard to be used for inspections for compliance with the property
maintenance code shall include the inspection of the building exterior and the
common areas and the basement. In addition:
(1) If there are ten 24 or fewer individual dwelling units in the building, minimum
inspection requirements include inspecting 50 25 percent of the individual
dwelling units, with a minimum of at least one dwelling unit.
(2) If there are between 11 and 24 individual dwelling units, inclusive, in the build ing,
minimum inspection requirements include inspecting five individual dwelling units
in the building.
(3) If there are 25 or more individual dwelling units in the building, minimum inspection
requirements include inspecting 20 percent of the individual dwelling units.
(4) The specific individual dwelling units to be chosen for inspection shall be
determined pursuant to inspection division policy.
(b) If the rental dwelling structure is considered to be substandard, the building official ,
fire chief or authorized representative may inspect additional units, up to all of the
units in the building.
SECTION 24. Section 20-245 of the Hopkins City Code is hereby amended to add the
double-underlined language and delete the stricken language as follows:
Sec. 20-245. - Deficiency point system to be established by building official, fire
chief or authorized representative.
(a) The building official, fire chief or authorized representative 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 provided in this article. He 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.
(b) 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 windo ws
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.
(c) 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.
SECTION 25. Section 20-246 of the Hopkins City Code is hereby amended to add the
double-underlined language and delete the stricken language as follows:
Sec. 20-246. - Determining whether dwelling is substandard; points required; major
violations.
(a) A rental dwelling structure shall be considered substandard if at least one dwelling
unit within the structure scores 25 or more points or the entire structure scores more
than the points shown below based on the number of units within the structure:
Number of Units Points
1 25
2 30
3 35
4 40
5 or more 10 per unit; or
(b) Any single violation scoring six or more points is considered a major violation.
(c) For the purposes of the point calculation in this section, any combination of four
rooming units or shared bath units shall constitute one 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, 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.
SECTION 26. Section 20-273 of the Hopkins City Code is hereby amended to add the
double-underlined language and delete the stricken language as follows:
Sec. 20-273. - Acts constituting disorderly behavior.
Disorderly behavior under this division includes, but is not limited to, the following:
(1) Drug-related illegal activity in the rental dwelling unit. 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.
(2) 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 their agents or tenants.
(3) Violation of M.S.A. § 609.72, disorderly conduct.
(4) Violation of M.S.A. §§ 609.74 and 609.745, public nuisance.
(5) Violation of M.S.A. § 609.66, subd. 1(a), 609.67 or 624.713, unlawful use or
possession of a firearm or weapon.
(6) Violation of M.S.A. § 609.50, obstructing legal process.
(7) Violations of this Code related to firearms, noise or nuisances.
SECTION 27. Section 20-275 of the Hopkins City Code is hereby amended to add the
double-underlined language and delete the stricken language as follows:
Sec. 20-275. - Enforcement procedure.
(a) First offense. Upon determination by the building official, fire chief or authorized
representative that a rental dwelling unit was the location of disorderly behavior, the
building official, fire chief or authorized representative shall notify the licensee and
tenant by first class mail of the violation and direct the licensee to take steps to
prevent further violations.
(b) Second offense. If a second instance of disorderly behavior occurs at a rental dwelling
unit within 12 months of the time a notice was sent for previous disorderly behavior
at the same unit, the building official, fire chief or authorized representative shall notify
the licensee and the tenant by first class mail of the violation and direct the licensee
to submit, within ten 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.
(c) Third offense. If a third instance of disorderly behavior occurs at a rental dwelling unit
within 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, fire chief or
authorized representative. The building official, fire chief or authorized representative
shall make his their decision to recommend revocation, suspension or non -renewal
of the license and submit his their recommendation to the city council within 15 days
of the third instance of disorderly behavior.
(d) Determination of repeat offenses. For the purposes of this section, second and third
instances of disorderly behavior shall be those that:
(1) Occur at the same rental dwelling unit;
(2) Involve tenants at the same rental dwelling unit;
(3) Involve guests or invitees at the same rental dwelling unit;
(4) Involve guests or invitees of the same tenant; or
(5) Involve the same tenant.
SECTION 28. In accordance with Section 3.03 of the City Charter and Minn. Stat. §
412.191, subd. 4, due to the significant length of this Ordinance, City staff shall have the
following summary printed in the official City newspaper in lieu of the complete ordinance:
On August 17, 2021, the Hopkins City Council adopted Ordinance 2020-1169 an
Ordinance Amending Chapter 20, Article III of the Hopkins City Code Regrading
Rental Housing.
A printed copy of the ordinance is available for inspection during regular business
hours at Hopkins City Hall and is available online at the City’s web site located at
www.hopkinsmn.com.
SECTION 29. The effective date of this ordinance shall be the date of publication.
First Reading: August 2, 2021
Second Reading: August 17, 2021
Date of Publication: August 26, 2021
Date Ordinance Takes Effect: August 26, 2021
By:
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Jason Gadd, Mayor
ATTEST:
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Amy Domeier, City Clerk