Memo Second Reading of Ordinance 95-764
CITY OF HOPKINS
. MEMORANDUM
DATE: May 3D, 1995
TO: Hopkins city council
FROM: Torn Anderson
SUBJECT: Second Reading of Ordinance #95-764 amending the City's
Rental Registration code
Staff recommends the Council approve the following motion:
Move to approve second readina of ordinance number 95-764 an
ordinance amendina section 405 of the Hopkins City Code Rental
Property Reqistration.
Adoption of this motion will continue the process of adoption of
an ordanance that will amend the city's Rental Registration
Program allowing registration of all rental property in the City.
e There have been no changes to the ordinance since the first
reading.
Attachments
e
ORDINANCE NO. 95 -764
.
An Ordinance relating to Rental Registration; replacing Section 405.21 through 405.31 of
Chapter IV of the Hopkins City Code.
THE CITY COUNCIL OF THE CITY OF HOPKINS DOES ORDAIN:
407.01. Preamble. The City believes that providing for public health, safety and welfare to its
citizens mandates the existence of a residential rental premises registration and maintenance program
which corrects substandn.rd conditions and maintains a standard for residential rental premises.
407.02. Scope. This Section applies to all premises which are rented in whole or in pmt as a
dwelling unit. It includes accessory structures such as garages and storage buildings and
appurtenances such as sidewalks and retaining walls, which are on the premises. This Section does
not apply to Minnesota Department of Health licensed rest homes, convalescent care facilities,
nursing homes, hotels or motels licensed by the City.
407.03. Registration. Subd.1. Required. No person shall operate, let or cause to be let, a rental
dwelling unit which has not been properly registered with the City of Hopkins in the manner required
by this Ordinance. Upon receipt of the properly-executed application for registration, the Code
Official and/or his or her designated agent may cause an inspection to be made of the premises to
e determine whether it is in compliance with Section 405, other Hopkins ordinances and the laws of
the State of Minnesota. Every premises may be reinspected after a renewal application is tiled to
determine if it still conforms to all applicable codes and ordinances.
Subd. 2. Application Filed. A registration application shall be submitted to the Code Official on
forms furnished by the City of Hopkins and must contain the following information:
(a) Name and address of the owner of the premises.
(b) Name and address of a person in addition to the owner who shall be responsible for
compliance with this and any other Code requirement pertaining to the premises; such
person shall reside in the metropolitan area.
(c) Name and address of any owner's agent responsible for the management of the
premlses.
Cd) Name and address of all partners if the owner is a parmership.
(e) Name and address of all officers of a corporation if the owner is a corporation.
(f) Name and address of all vendors and of all vendees. if the premises is being sold
e pursuant to a contract for deed.
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. (g) Name and address of any assignees of either the vendor or the vendee in any such
contract for deed.
(h) Legal address of the premises.
(i) Number and type of dwelling units (one (1) Bedroom, Two (2) Bedroom, etc. . . .)
within each of the premises.
Subd.3 Agent for Emergency Repair Required. No registration shall be issued or renewed for
a nonresident owner of the premises unless such owner designates in writing the name of his/her agent
who is responsible tor maintenance and upkeep and who is authorized to institute emergency repairs
of the premises. The Code Official shall be notified in writing of any changes of such agent
Subd. 4. Changes in Registration or in Premises Registered. A registration is not assignable.
If the name or address of any of the persons required to be provided changes, or if any changes occur
in the ownership or management of the premises, the existing registration shall be amended within
thirty (30) days to correspond to such changes and each such amendment shall be accompanied by
a tee set by Chapter X. If changes are made in the number or type of units registered, such additional
units shall be registered and shall be accompanied by the fee required to be paid for initial registration.
Subd.5. Annual Registration. All residential rental premises shall be registered before being let,
in whole or in pan. Registration for each premises expires annually on October 31. The registration
for each premises must be renewed annually before October 31.
. Subd. 6. Registration Fee. The initial and renewal registration fees are set forth in Chapter X.
These must accompany the registration application. The registration fee is doubled when an
application is received more than thi.J.ty (30) days after it was due.
Subd. 7. Record Retention. The registration application and all other documents pertinent to a
premises shall be kept on file in the office of the Code Official. A copy shall be furnished to the
owner or other authorized person upon request.
407.04. Posting. The owner of a premises shall post a copy of the "Occupancy Record Card" at the
premises in a place and in a manner approved by the Code Official.
407.05. Inspection The Code Official may set up a schedule of periodic inspections to insure
compliance with this Chapter. The Code 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 dwelling unit shall give
the owner or the owner's agent access to any part of such dwelling unit at reasonable times for the
purpose of effecting inspection, maintenance, repairs or alterations as are necessary to comply with
the provisions of this Ordinance. If any owner, owner's agent or occupant of a dwelling unit fails or
refuses to permit entry to the premises under his/her control for an inspection pursuant to this
Ordinance, the Code Official may seek a Court Order authorizing such inspection.
. 407.06. Revocation. Subd 1. The City Council may revoke the registration of any premises. The
bases for such revocation include, but are not limited to, the following circumstances:
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. (a) The registration was procured by misrepresentation of material facts with regard to
the premises or the ownership of the premises.
(b) The applicant or one acting in hislher behalf made oral or written misstatements
accompanying the application.
(c) The applicant has failed to comply with any condition set fOlth in any other pennits
granted by the City of Hopkins.
Cd) The activities of the owner/agent create or have created a serious danger to the public
health, safety or welfare.
Ce) The premises contains conditions that might injure or endanger the safety, health or
welfare of any member of the public.
Subd. 2. Notification. Before revoking a registration, the Code Official shall notify the owner or
the owner's agent in writing of the basis for the revocation and the date upon which the City Council
shall review the request to revoke the registration. 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 registration application. The Code Official also shall post the
e notice in a conspicuous place at the premises at least seven (7) days before the City Council hearing.
Subd. 3. Hearing. The owner or the owner's representative, Code Official and any other person
whose interests would be affected by revocation of the registration shall be given an opportunity to
be heard.
Subd. 4. The City Council shall issue a written decision regarding the request for revocation no later
than the third regularly-scheduled City Council meeting following the date of the hearing.
407.07. Effect of Revocation. If a registration is revoked 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, dwelling units, until such time as a valid rental registration is obtained for the
premises. Issuance of a new registration after revocation shall be made in the manner provided for
in Section 405.06.
407.08. Posted to Prevent Occupancy, Whenever any premises has been denied initial registration,
had its registration revoked, or is unfi.t for human habitation, it shall be posted by the Code Official
to prevent further occupancy. No person, other than the Code Official or his representative, shall
remove or alter any posting. The Code Official will post the date the premises shall be vacated and
no person shall reside in, occupancy or cause to be occupied that premises until the Code Official
permits it
e 407.09. Penalties. A person who violates the provisions of Section 407 is guilty of a misdemeanor.
Each day that a violation continues shall be deemed a separate offense, The Code Official may post
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the premises by appropriate signs or notices prohibiting occupancy, and may act to cause the premises
-- to be vacated or remain vacant until the Code violations are corrected.
407.10. No Warranty by City. By enacting and undertaking to enforce this Ordinance, neither the
City nor its Council, agents or employees warrant or guaranty the safety. fitness or suitability of any
dwelling in the City. Owners and occupants should take whatever steps they deem appropriate to
protect their interests, health, safety and welfare.
This Ordinance is effective subject to the following:
First Reading: May 2, 1995
Second Reading: June 6, 1995
Date of Publication: June 14, 1995
Effective Date of Ordimmce: July 5, 1995
Charles D. Redepenning, Mayor
Attest:
e
James A Genellie, City Clerk
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Date
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. CITY OF HOPKINS
MEMORANDUM
DATE: June 1, 1995
TO: Honorable Mayor and city council
FROM: Jim Gessele, Engineering Superintendent J TGi
SUBJECT: Ordinance 95-766 Amending city Code
Section 945 - Landfill Gas Control District
Attached you will find Ordinance 95-766 for second reading.
Adoption of this ordinance amends section 945 of the city Code to
include a small triangular shaped tract of land to the boundary
description of the landfill gas control district. This tract is
part of a larger 0.70 acre parcel purchased from Rutledge
construction in 1994. No revisions have been made on the original
as submitted to Council at its May 16 meeting.
. The action requested is to adopt Ordinance 95-766 for second
reading and ordered published.
Attachment
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. CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 95-766
AN ORDINANCE AMENDING SECTION 945 HOPKINS CITY CODE RELATING TO A
LANDFILL GAS CONTROL DISTRICT
THE CITY COUNCIL OF THE CITY OF HOPKINS, MINNESOTA DOES ORDAIN:
section 1. The Hopkins City Code, Section 945, is hereby amended by
substituting the following paragraphs to read as follows:
945.03. Definitions. subd.3. Landfill: The former 7th Street
Landfill located in the Northwest Quarter of the Southwest Quarter of
Section 25, Township 11.7, Range 22, Hennepin County, Minnesota.
945.05. Prooertv Included In District. The following described
property is included within the designated Landfill Gas Control
District:
That part of the Northwest Quarter of the Southwest Quarter of Section
25, Township 117, Range 22, Hennepin County, Minnesota, described as
follows:
e Commencing at the northeast corner of the Northwest Quarter of
the Southwest Quarter; thence southerly, along the east line of
said Northwest Quarter of the Southwest Quarter to its
intersection with a line drawn parallel with and distant 33.00
feet south of the north line of said Northwest Quarter of the
southwest Quarter and said point of intersection being the
point of beginningj thence westerly, along said described
parallel line to its intersection with the southeasterly
right-of- way line of the Soo Line Railroad Company (formerly
known as the Chicago, Milwaukee,St.Paul, and Pacific Railroad) ;
thence southwesterly, along said southeasterly right-of-way line
to its intersection with the west line of said Northwest Quarter
of the Southwest Quarter; thence southerly, along said west line
of the Northwest Quarter of the Southwest Quarter to the
southwest corner thereof;thence easterly, along the south line
of said Northwest Quarter of the Southwest Quarter to the
southwest corner of Outlot A, WESTBROOKE PATIO HOMESJ according
to the recorded plat thereof, Hennepin County, Minnesota; thence
northerly, along the west line of said WESTBROOKE PATIO
HOMES to the southwest corner of Outlot B of said WESTBROOKE
PATIO HOMESj thence easterly, along the south line of said
Outlot B to its intersection with the east line of said
Northwest Quarter of the Southwest Quarterjthence northerly,
along said east line of the Northwest Quarter of the Southwest
e Quarter to the point of beginning and there terminating.
e Together with that part of the Northwest Quarter of the Southwest
Quarter of said Section 25 described as follows:
Beginning at the point of intersection of the north line
of the Northwest Quarter of the Southwest Quarter of
section 25 with the southeasterly right-of-way line of
the Soo Line Railroad company (formerly known as the
Chicago, Milwaukee, st. Paul, and Pacific Railroad); thence
southwesterly, along said southeasterly right-of-way line,
a distance of 54.64 feet to its intersection with a line
drawn parallel with and distant 33.00 feet south of said
north line of the Northwest Quarter of the Southwest
Quarter of section 25; thence easterly, along said
parallel line, a distance of 68.56 feet to its
intersection with a line drawn perpendicular to said
southeasterly right-of-way line from said point of
beginning; thence northwesterly, along said perpendicular
line, a distance of 41.40 feet, to the point of beginning.
Section 2. This ordinance is effective subject to the following:
First Reading May 16, 1995
e Second Reading June 6, 1995
Date of Publication June 14,1995
Effective Date of Ordinance Juy 4, 1995
Charles D.Redepenning, Mayor
Attest:
James A.Genellie, City Clerk
Approved As To Form and Legality:
e
city Attorney Date
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