2002-890
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE 2002-890
AN ORDINANCE AMENDING SECTION 407 OF THE HOPKINS CITY CODE
The City Council of the City of Hopkins does hereby ordain:
Section 1. The Hopkins City Code, Section 407 Rental Registration,
is hereby amended to read as follows:
Section 407 - Rental RegisEFaEion 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 ~ 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 reoidential rental premioeo rental dwelling unit rcgiotration
license and maintenance program ',;hich that corrects substandard
conditions and maintains a standard for reoidential rental premioeo
rental dwelling units.
407.0~~. Scope. This Section applies to all premioeo ,;hich dwelling
units that are rented leased in whole or in part as a rental
dwelling unit~. It includes accessory structures such as garages and
storage buildings and appurtenances such as sidewalks and retaining
walls, which are on the premises 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.
unit owner
usually in
4ease: An oral or written agreement between a dwelling
and a tenant for temporary use of a rental dwelling unit,
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.
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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.
407.0~~. 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 regiDtered licensed ~ eY 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 regiotration a rental license, the
Code Official and/or hiD or her deoi~nated agent building official
may cause an inspection to be made of the premioe 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 premioe rental dwelling unit may be reinDpected 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 regiDtration license application
shall be submitted to the eeae building G~fficial on forms
furnished by the City of Hopkins and must contain the following
information:
(a) Name nnd nddrcoo 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.
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(b) Name o.nd addreoo of a poroon iR addition to thc
mmcr ,.rho ohall be rcoponoible for compliance '.:ith
thio and any othcr Codc rcquirement pertaining to thc
premioc, ouch pcrson shall rcoidc in the metropolitan
area.
~(b) NameL aHfi address, and telephone number of any
owner's agent responsible for the management of the
premioeo rental dwelling unit(s).
(d) Name ans. as.s.rcss of all part nero if the mmer io a
partncrohip.
(c) Namc and addreoo of all officers of a corporation if
thc O\:ncr io a corporation.
(f) Name and addreoo of 0.11 'Jcndors and of all yendeeo, if
the premioes is beiRg sold purouant to 0. contract for
deed.
(g) Name and addrcoo of o.ny o.ooigneeo of eithcr thc vcndor
or the yeRdcc in any such contract for deed.
+fl} ~ Legal address of the premioe rental dwelling
unit (s)
~ 13l Number and type of dwelling units (one (1)
Bedroom, Two (2) Bedroom~, etc....) ,:ithin cach of
thc premioeo.
Cubd. 3. l',gent for Emergency Repair Rcquircd. No regiotration
ohall be iooued or rene'.:ed for 0. nORresidcnt mmer of the
prcmise unleoo ouch o'.:ner deoigno.tes in ,.rriting the name of
hio/hcr agent ,:ho io reoponsiblc for maintenance and up][CCP and
',:ho io authorizcs. to inotitute emergency rcpairo of thc
prcmiscs. The Code official ohall bc notified in '..rri ting of any
changcs of ouch agent.
CubS.. 1. ChangeD in RegiotratioR or in Premioeo Regiotered
Licenoed. A regiotration is not aooignable. If thc namc or
addreoo of any of the peroono required to be provided changeD,
or if any changeD occur in the mmcrship or management of the
prcmisco, thc exioting regiotration shall be amended '..ri thin
thirty (30) days to corrcopond to ouch changcs and each ouch
amcndmcnt ohall be o.ccoffipanicd by a fee oct by City Council
reoolution. If changes arc made in thc number or typc of unito
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rcgiotcrcd, such additiono.l unito oho.ll be regiotcrcd and ohall
bc accompanicd by the fee required to be paid for initial
regiotration.
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. 5i. Annual Rcgiotration Licensing. All reoidential rcntal
premioeo rental dwelling units shall be registcrcd licensed before
being let, in whole or in part. Rcgiotration Licenses will for cach
premioe expires annually at midnight on October 31. The rcgiotration
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. <;5. Regiotration License Fee. The initial and renmJal
regiotration All license fees required by this section are set
forth by City Council resolution. These must accompany the
regiotration 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 rcgistration license
application and all other documents pertinent to a premioe
rental dwelling unit shall be kept on file in the office of the
eeae building official. A copy shall be furnished to the
owner or other authorized person upon request.
107.01. Pesting. The Q\mer of 0. premioeo shall poot a copy of the
"Occupancy Record Co.rd" o.t the preffiiocs in a placc and in a manncr
approved by the Code official.
Page 5 of 12
407.06. Issuance of CeFtifieaEe af 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.
407.058. Inspection. The Ge4e building Gofficial may set up a
schedule of periodic inspections to insure compliance with this
Chaptcr Section. The Ge4e building G~fficial shall provide
reasonable notice to the owner or the owner's agent as to the date
and time of the inspection. Each occupant of a 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 occupant tenant of a rental dwelling unit
fails or refuses to permit entry to the premioc rental dwelling unit
under his/her control for an inspection pursuant to this Ordinance.
~!he Ge4e 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 activityU 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
U.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.1a, 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 takinq action to seek emerqency
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. RC7ocatioR Revoking, Suspending, Denying or Not Renewing a
License. Subd. 1. The City Council may revoke, the rcgiotrution of
any premioco. 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 a portion of the regiotration coycring one or more rental
dwelling units or it may apply to the eRtirc 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 rcgiotration license was procured by misrepresentation of
material facts with regard to the prcmioeo rental dwelling unit
or the ownership of the premioeo 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 premioc rental dwelling unit contains conditions that
might injure or endanger the safety, health or welfare of any
, .
member of the publlc.
(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.
P~e9cl12
(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. Defore re';oJdng a registration, The eeae
building G~fficial shall notify the owner or the owner's agent
in writing of the basis for the revocation, suspension, denial
or non-renewal and the date upon which the City Council shall
review the request to revoke, suspend, deny, or not renew the
regiotration 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 regiotration license application. It shall be the
responsibility of the owner or the owner's aqent to notify the
tenant in writing of the hearing date, time and place.
Subd. 3. Hearing. The owner or the owner's repreoentative,
agent and the building Gede Gofficial and o.ny other peroon
',:hooe intereoto ,;auld be affected by re'Jocation of the
regiotration 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 lo.tcr tho.n the third regulnrly 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.~11. Effect of RevocationT , Suspension, Denial, or Non-
Renewal. If a regiotration license is revoked, suspended, denied or
not renewed by the City CouncilTL 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 rcgiotration license is obtained for the
prcmioc rental dwelling unit(s). Issuance of a new rcgistration
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 premioc rental
dwelling unit has been denied an initial regiotration license, had
its regiotro.tion licensed revoked, suspended, denied or not renewed
or is unfit for human haaitation, it shall be posted by the Gede
building G~fficial to prevent further occupancy. No person, other
than the eeae building G~fficial or hio repreoentative, shall remove
or alter any posting. The Gede building G~fficial will post the date
the premioe rental dwelling unit snall be vacated and no person
shall reside in, occupancy occupy or cause to be occupied that
prcmioco rental dwelling unit until the Gede building Gofficial
permits it.
407.~13. Penalties. A person who violates the provisions of Section
407 io guilty of 0. miodemeaRor. 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 Gede building G~fficial may post the
premioeo rental dwelling unit by appropriate signs or notices
prohibiting occupancy, and may act to cause the premioeo 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 r~sponse 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.~15. No Warranty by City. By enacting and undertaking to
enforce this Ordinance, neither the CitYL nor ito 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 thc dnte of
sixty(60) days after publication.
First Reading: December 17, 2002
Second Reading: May 6, 2003
Date of publication: May 15, 2003
Date Ordinance Takes Effect: July 14, 2003
~/~
Gene Maxwell, Mayor
LEGALITY:
6-~at"' ~ '3
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