1995-764
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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 substandard 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 part 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 urnt 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
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 filed 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
premises.
(d) Name and address of all partners if the owner is a partnership.
(e) Name and address of all officers of a corporation if the owner is a corporation.
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Name and address of all vendors and of all vendees, if the premises is being sold
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 hislher agent
who is responsible for maintenance and upkeep and who is authorized to institute emergency repairs
of the premises. The Code Official shall be ~otified in writing of any changes of such agent
Subd.4. Changes in Regjstration 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 fee 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 iQitial registration.
Subd.5. Annual Regjstration. All residential rental premises shall be registered before being let,
in whole or in part. 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 thirty (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 hislher 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 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 serious danger to the public
health, safety or welfare.
(e) 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 frrst class
mail at the address provided in the registration application. The Code Official also shall post the
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 unfit 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
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:
Second Reading:
Date of Publication:
Effective Date of Ordinance:
May 2, 1995
June 6, 1995
June 14, 1995
July 5, 1995
Attest:
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