Loading...
ORD 21-02Ordinance 21-02 Diver An Ordinance Amending portions of Chapter 30, Article III, Residential Rental Property Standards, of the City of Elk River, Minnesota, City Code The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That Chapter 30, Article III, governing Residential Rental Property Standards, of the City of Elk River Code of Ordinances shall be amended to read as follows: ARTICLE III. - RESIDENTIAL RENTAL PROPERTY STANDARDSw Sec. 30-151. -purpose and intent. (a) Purpose. The epetatief u ose of these procedures is tesidenti l -efi`ft' p f-aper-ti s is a husift steps, as tnfty be , to assure a safe and healthy environment for all occupants of rental properties , , and those residing near such units, may pursue the quiet enjoyment of the normal activities of life in surroundings that are: (1) Safe, secure and sanitary; [� Prolierb maintained and cared for. {2j Free from crimes and criminal activity, noise, nuisances or annoyances; and 44{3) Free from reasonable fears about safety of persons and security of property. Further, it is the intent of this article to regulate and provide for the inspections of rental dwellings to assure that such housing does not become a nuisance or blight to the neighborhood and does not create a disincentive to investment in the community. (Ord. No. 16-12, § 1, 6-6-2016) Sec. 30-152. - Scope of article. (a) Generally. The provisions of this article shall apply to all buildings or portions thereof used, or designed, or intended to be used, for residential rental purposes. I I if they were separate btdldifigs, be ttsed fts ft eamb* ..meiit house hotel, the pi-&visiofts of this attiele shall apply to b _{d) Additions, alterations or repairs. For additions, alterations, or repairs, see the building code. { c Relocation of buildings. Buildings or structures moved into or within the city shall comply with the requirements in this code and the building code for new buildings and structures. {€f d) Continuation of existing use. Rental dwellings in existence at the time of adoption of the ordinance from which this article is derived may have their existing use or occupancy continued if such use or occupancy was legal at the time of adoption of the ordinance from which this article is derived, provided such continued use complies with and is subject to the terms of this article. (Ord. No. 16-12, 5 1, 6-6-2016) Sec. 30-153. - Definitions. The following definitions, and those contained in section 30-1, will be used in interpreting and enforcing this article. Agent. A person designated by the owner of a rental dwelling to act on behalf of the owner. City. The City of Elk River, Minnesota. Disorderly conduct. Disorderly conduct shall be as defined by Minn. Stats. § 609.72 (Disorderly Conduct) as amended. Major life) safety issues. Hazardous conditions that, in the judgment of the fire chief or other code enforcement official, pose an imminent risk to the life and safety of tenants and other occupants. Nuisance call. Any instance where law enforcement officers are called to a property in response to a valid complaint related to a violation of state or local laws or ordinances. Tenant. Any person, excluding the owner or operator, living in a rental dwelling. Valid complaint. A violation that is visible at the time of inspection or proven by credible, substantial evidence to the satisfaction of the city. Wherever the terms "dwelling," "dwelling unit," "premises," and "structure," are used in this article, they shall be construed as though they were followed by the words "or any part thereof". Wherever the designation "Fire Chief' is used in this article. it shall be construed as though it were followed by the words "or their desi�ji ee". (Ord. No. 16-12, § 1, 6-6-2016) DIVISION 1A. - INTERNATIONAL PROPERTY MAINTENANCE CODE. Footnotes: (7) --- Editor's note— Ord. No. 16-12, § 1, adopted June 6, 2016, repealed the former div. 1A., 11 30- 157 30-159, and enacted a new div. L\ as set out herein. The foriner div. 1A pertained to similar subject matter and derived from Ord. No. 06-01, adopted )anuarNl 9, 2006; and Ord. No. 06-10, adopted October 2, 2006. Sec. 30-154. - Property maintenance code. ''�2 The current adojtited version of the International Property Maintenance Code, three copies of which are on file in the office of the city clerk of the City of Elk River, being marked and designated as the International Property Maintenance Code as published by the International Code Council, Inc., is adopted as the property maintenance code of the city for the purposes of this article relative to the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said property maintenance code are hereby referred to, adopted, and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in section 30-155 of this division. (Ord. No. 16-12, § 1, 6-6-2016) Sec. 30-155. - Revisions to the International Property Maintenance Code. The following sections of the International Property Maintenance Code are hereby revised: Section 101.1. Insert: City of Elk River Section 103.5. Insert: The current year fee schedule adopted by the City Council. Section 302.4: Insert: 8 6 inches. Section 304.14: Insect screens to read " � ear -round' Section 602.3. Insert: October 15 to April 15 Section 602.4. Insert: October 15 to April 15 (Ord. No. 16-12, § 1, 6-6-2016) Sec. 30-156. - Conflict between codes. Where there is any conflict between the provisions of the International Property Maintenance Code and any other applicable code or ordinance enforced by or in the City of Elk River, the more restrictive provisions shall apply. (Ord. No. 16-12, § 1, 6-6-2016) Secs. 30-157-30-170. - Reserved. DIVISION 2. - ADMINISTRATION AND ENFORCEMENT4 Sec. 30-171. - Authority of fire chief; right of entry. (a) The fire chief is hereby authorized and directed to provide for the enforcement of all provisions of this article. The fire chief shall have the power to render interpretations of this article and to adopt procedures as he/she may deem necessary in order to apply the provisions of this article. Such interpretations and procedures shall be in conformity with the intent and purpose of this article. (b) Whenever necessary to make an inspection to enforce any of the provisions of this article, or whenever the fire chief has reasonable cause to believe that there exists in any building or upon any premises subject to this article a condition that constitutes a violation of this Code, including this article, the fire chief, upon notice to the owner or operator, may enter such building or premises at all reasonable times to inspect the building or premises or to perform any duty imposed upon the fire chief by this article; provided that if such building or premises is occupied, he/she shall first present proper credentials and request entry, and if the building or premises be unoccupied, he/she shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. The owner of the premises shall notify tenants of the time and purpose of the inspection. The tenant shall make the premises accessible to the fire chief. If such entry is refused, the fire chief shall have recourse to every remedy provided by law to secure entry. The notice requirements of this section shall not apply if the fire chief has reasonable cause to believe that a violation of the requirements of this article is creating a major life/safety issue which must be addressed without delay. (Ord. No. 16-12, § 1, 6-6-2016) Sec. 30-172. - Appeals. When a person to whom a compliance order is directed by the fire chief alleges that such compliance order is based upon an erroneous interpretation of this article or upon a misstatement or mistake of fact, such person may appeal the order as set forth in article VI, division 2, subdivision II of this chapter. (Ord. No. 16-12, 5 1, 6-6-2016) Sec. 30-173. - Inspections. (a) Generally. All buildings or structures within the scope of this article, and all construction or work for which a permit is required, shall be subject to inspection by the building official in accordance with and in the manner provided by this article and the building code. 0.i} Frequency. Upon receipt of a properly executed new application for a rental license and recei)t of the ap�)ropriate fee., the fire chief shall conduct in initial inspection of the premises to assure con-1 with the cin code. Any rental dwelling will be re -inspected after a renewal application is filed to deteLYnine compliance, unless the fire chief may determine that a renewal inspection of a premises may be deferred based on result of previous inspections. �cL{lb�—Response to complaints. The fire chief shall respond to valid complaints of violations of this article. A valid complaint may be cause for a complete inspection of a unit or building. If an inspection is to be made, the fire chief shall notify the owner/tenant of the inspection. If there are violations, the fire chief shall notify the owner/tenant to correct the problem which prompted the valid complaint. An owner may request an advisory inspection of a unit. (d) Access f or inspection r. 1) The fire chief shall be authorized to make or cause to be made inspections to determine the condition of rental dwellings and premises to safe,zuard the health, safety, morals, and welfare of the public. 2The fire chief shall be authorized to enter any rental dwelling or premises at an reasonable time for the purpose of performing; his/her duties under this article. 3) The owner, operator, or tenant of evert, rental dwelling and premises or the person in charge thereof, shall give the fire chief free access to such rental dwelEng and premises on which it is located at all reasonable tunes for the 12ur2ose of such inspection, examination, and survet . kj Relusal o_l'access for ini4ection. If the owner, operator, person in charge, or tenant shall refuse to consent to the inspection, an administrative search warrant may be obtained, unless an emerrenc-� exists. Sab ect to tenant's rioht to rivac En 7 under this section is subject to Minn. Stat. ; 504B.211 (Residential Tenant's Right to Privacy) as amended. { ) Costs ol'obtainino 2varrant. If the cin finds it necessail to obtain an administrative search warrant to enter the (proper,%- for inspection due to the owner, olerator, person in charge, or tenant's lack of cooperation. said ,person or persons mat, also be charged %i,ith all costs of obtaining; the warrant. including court costs and attorne;-'s fees. (Ord. No. 16-12, § 1, 6-6-2016) Sec. 30-174. - Inspection fee. Inspection fees under this article shall be as established by teselutie ordinance. The inspection fee shall apply to all inspections other than the initial license inspection, and one additional ins/-)ection if needed to follow up for correction found upon initial inspection: to €ehew f21 Rehr;section lees. And re -inspections to verify comjiliance with a previouslt_ noted violation will be conducted at no chaise if all violations have been remedied. If violations remain: inspections are necessitated be a valid complaint;. or subseUuent re -inspections are necessitated because of a previous unsatisfacton- inspection, a fee as set by the cite council max be char =ed. (Ord. No. 16-12, § 1, 6-6-2016) Secs. 30-175-30-190. - Reserved. DIVISION 3. - RENTAL DWELLING LICENSE AND REQUIREMENTSVJ Sec. 30-191. - License required. (a) License. No person, firm, or corporation shall operate a rental dwelling unit without first having obtained a rental dwelling license to do 4o from the city as provided for in this article. Each rental dwelling license shall be issued annually and expire one year after its issuance. Rental dwelling license renewal applications for the following year shall be filed on or before 30 days prior to the expiration of the then current license. Sixty days prior to the expiration of a rental dwelling license, the city shall notify the operator of the upcoming renewal deadline within which to file the rental dwelling license renewal application. (b) Excep ions from rental licensing. (1) Rental property which is licensed as a nursing home or boarding care home by the State of Minnesota Department of Health shall be exempt from the license required under this article. This, exeeption 9hafl not apply if tio provided to the tenafitq, or th with the eity. (2) State licensed residential facilities. {4} A residential property owned by a "snowbird" where the property is rented to another person for a period of less than 120 consecutive days while the owner is residing out of the State of Minnesota. The owner must occupy the property during the remainder of the year. 44)_.:{3 A single-family residential property that has been sold on a contract for deed or has been sold as "rent to own" so long as the purchaser occupies the property and the sale document used to memorialize the sale is in the form of a uniform conveyancing blank or is recorded with the Sherburne County Recorder's office and a copy is provided to the city_ {6. A single-family residential property that is occupied by the owner and two or fewer tenants where the owner and the tenants share all living space within the dwelling. ea. Single-family residential property that is owned by a member of the armed services who is on active duty and the property is rented to another person during the time of active duty. The owner must provide the city with a copy of the owner's military orders upon request and must occupy the property when not on active duty as the owner's primary residence. 0. Residential homestead. Qualift�ing relatives include parent stepparent, child, stepchild, o andparen,t grandchild, brother, sister, uncle, aunt. nephew, or niece of the owner, bN blood or marriage. (Ord. No. 16-12, § 1, 6-6-2016) Sec. 30-192. - Application for license. (a) The owner or the owner's agent shall submit a written application for a rental dwelling license on forms provided by the city. (Ord. No. 16-12, § 1, 6-6-2016; Ord. No. 19-22, 5 1, 12-2-2019) Sec. 30-193. - Agent required. Any owner who does not live in the state shall appoint, on the rental dwelling license application, an agent residing within 50 miles of the rental dwelling upon whom the city may serve notices pertaining to the licensed rental dwelling. ' (Ord. No. 16-12, 5 1, 6-6-2016) Sec. 30-194. - Initial license issuance. No rental dwelling license shall be issued under this article unless the rental dwelling and its premises conform to the ordinances of the city and laws of the state. An inspection of the rental dwelling shall be conducted prior to issuance of an initial rental dwelling license. (Ord. No. 16-12, � 1, 6-6-2016) Sec. 30-195. - Fee. To obtain a rental dwelling license required by the provisions of this division, a person shall pay to the city the fee established by f-esahifien ordinance. (Ord. No. 16-12, § 1, 6-6-2016) Sec. 30-196. - Renewal of license. (a) All renewed and new rental dwelling licenses shall be valid for a period of up to one year. (b) All rental dwelling license renewal applications and required fees shall be submitted to the city on an annual basis and prior to the issuance of a renewed rental dwelling license. (c) Information on the rental dwelling license renewal form must be updated to reflect current conditions. —.1-1 dwelling tnay be eondueted pr-ief- to issttaftee of a renewed rental dwe4ing lieense. (Ord. No. 16-12, � 1, 6-6-2016) Sec. 30-197. - Transfer of license. A rental dwelling license is nontransferable and shall automatically tenninate within 30 days of closing on the sale of the licensed building unless, within 30 days of said closing, the new owner applies for and is granted a rental dwelling license for said building in accordance with this article. (Ord. No. 16-12, 5 1, 6-6-2016) Sec. 30-198. RESERVED- . Addressed in 30-173 _pqpjp ME NO -- -------- kr NOW - OWNS (Ord. No. 16-12, 5 1, 6-6-2016) Sec. 30-199. - License suspension, revocation, denial and non -renewal. (a) Process for consideration of license suspension, invocation, denial or non -renewal. (1) No action will be taken by the city council to revoke, suspend, deny, or not renew a rental dwelling license without a public hearing and written notice of that hearing is sent to the owner and affected tenants a minimum of ten days prior to the hearing. (2) The city council shall give due regard to the frequency and seriousness of the violations, the ease with which such violations could have been cured or avoided and good faith efforts to comply. (3) The city council shall issue a decision to revoke, suspend, deny or not renew a rental dwelling license only upon written findings. (4) Upon a decision to revoke, suspend, deny or not renew a license, no new application for the same facility will be accepted for a period of time specified in the city council's written decision, not exceeding one year. Such new applications shall be accompanied by a reinstatement fee as required by this article. (5) The city council may suspend, revoke, deny or not renew a license for part or all of a facility. (6) A written decision to revoke, suspend, deny or not renew a rental dwelling license or application for part of a facility shall specify the part or parts of the facility to which it applies. Thereafter, and until a rental dwelling license is reissued or reinstated, no rental dwellings becoming vacant in such part or parts of the facility may be re -let or occupied. a. Revocation, suspension, denial or non -renewal of a rental dwelling license shall not excuse the owner from compliance with all terms of this article for as long as any units in the facility are occupied. b. Failure to comply with all terms of this article during the term of revocation, suspension, denial or non -renewal is a misdemeanor and grounds for extension of the term of such revocation or suspension or continuation of non -renewal, or for a decision not to reinstate the license, notwithstanding any limitations on the period of suspension, revocation, denial or non -renewal specified in the city council's written decision. (b) Suspension. (1) The city council may suspend a rental dwelling license under the following circumstances: a. Failure to.correct deficiencies noted in notices of violation within the time specified in the notice. b. Failure to pay any rental dwelling license, inspection or reinstatement fee required by this article. C. Any other violation of the building code or the property maintenance, zoning, environmental or utility chapters of the city code. d. Any specific provisions of the city ordinances that include suspension as a remedy (i.e. nuisance calls, etc.). (2) Additional standards related to suspension of a rental dwelling license: a. A reinstatement fee as established by the city council shall be paid prior to reinstatement of a rental dwelling license that has been suspended. b. In addition to the reinstatement fee, the city may issue a citation for the applicable violations. C. While under suspension, the owner cannot lease the affected unit and/or facility to a new tenant. d. The suspension shall be for a period of up to six months unless otherwise regulated by this article. (c) Revocation. (1) The city council may revoke a rental dwelling license under the following circumstances: a. When an owner has not complied with reinstatement criteria. b. When it is found that an owner has given false statements on any application or other information or report required by this article to be given by the applicant or owner. C. When it has been determined through an inspection that major life/safety issues exist on the property. d. When the owner or agent has been convicted of a crime related to the type of business licensed and failure to show, by competent evidence, rehabilitation and present fitness to perform the duties of the business. e. Operating or allowing the rental property to be used in such a manner as to constitute a breach of the peace, a menace to health, safety, and welfare of the public or a disturbance of the peace or comfort of the residents of the city, upon recommendation by the police chief. f. Failure to schedule and/or allow rental or building inspections of the licensed premises, for the purpose of ensuring compliance with rental dwelling license requirements, city code requirements, state building codes, or other applicable state or federal law. g. Real estate or personal property taxes on the business have become delinquent and the owner and the applicant are the same person or entity, or have any common ownership where they are a different person or entity. h. Failure to actively pursue the eviction of tenants who have violated the provisions of the crime free lease addendum. i. Any specific provisions of the city ordinances that include revocation as a remedy (i.e. nuisance calls, etc.). j. Other good cause as determined by the city council. (2) Additional standards related to revocation of a rental dwelling license: a. A reinstatement fee as established by the city council shall be paid prior to reinstatement of a rental dwelling license that has been revoked. b. In addition to the reinstatement fee, the city may issue a citation for the applicable violations. C. While under revocation, the owner cannot extend the lease of an existing tenant and cannot lease the affected unit to a new tenant. d. The revocation shall be for a period of up to one year. (Ord. No. 16-12, § 1, 6-6-2016) Sec. 30-200. - Display of license; fees. Rental dwelling licenses issued under this article must be conspicuously posted in a frame with a transparent cover in a public corridor or front entrance of rental dwellings with four or more units. All owners must produce a copy of the rental dwelling license upon demand of a prospective tenant or city official. (1) Ticense fees. a. Fees established and due date. Rental dwelling license fees and reinstatement fees shall be set by the city council and shall be due with submission of a new or renewal application. I b. Filing due date and penalty. If a renewal application is made less than 30 days before the beginning date of the renewal license period applied for, then the fee shall be accompanied by an additional amount equal to 100 percent of such license fee. The additional amount shall be a penalty for a late application. In no case shall there be a lapse in the rental dwelling license period. ors - - - •.��i . .�r� ....... WIN. ; ORION , ON M1 Mill III (Ord. No. 16-12, 5 1, 6-6-2016) (Ord. No. 16-12, § 1, 6-6-2016) Sec. 30-202. - Reserved. Sec. 30-203. - Trash removal for rental properties. (a) Rental properties must have regularly scheduled recycling and trash pick-up. (b) If the trash and/or recycling has not been removed within seven days of the normally scheduled pick-up, the trash may be removed by the city under emergency abatement procedures. (c) If the lack of trash and/or recycling removal becomes a recurring problem, refuse service will be authorized by the city and will be assessed on the property's utility bill. (Ord. No. 16-12, 5 1, 6-6-2016) Sec. 30-204. - No retaliation. No owner shall evict, threaten to evict, or take any other punitive action against any tenant who, by reason of good faith, calls city officials related to public safety or property maintenance concerns. This section shall not prohibit the eviction of tenants from a rental dwelling for unlawful conduct of a tenant or invitee for violations of any rules, regulations, or lease terms other than a prohibition against contacting city officials. (Ord. No. 16-12, 5 1, 6-6-2016) Sec. 30-205. - Summary action. When the conduct of any owner or their agent, representative, employee or tenant or the condition of their rental dwelling is detrimental to the public health, safety and general welfare as to constitute a nuisance, fire hazard, or other unsafe or dangerous condition and thus give rise to an emergency, the city shall have the authority to summarily condemn or post for no occupancy such area of the rental dwelling. (Ord. No. 16-12, § 1, 6-6-2016) Sec. 30-206. - Severability clause. If any section, subsection, sentence, clause or phrase of this article is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this article. (Ord. No. 16-12, § 1, 6-6-2016) Sec. 30-207. - Violations and penalties. Any person violating any provision of this article is guilty of a misdemeanor and upon conviction shall be subject to the penalties as set forth in Minnesota Statutes. (Ord. No. 16-12, § 1, 6-6-2016) Secs. 30-208-30-290. - Reserved. SECTION 2. That this ordinance, amending portions of Chapter 30, Article III, Residential Rental Property Standards, shall take effect upon adoption and the notice of Summary Publication shall be published in the City's official newspaper. PASSED BY THE CITY COUNCIL OF THE CITY OF Elk River, Minnesota this 1" day of Feb 1 W) hn . Dietz, . ayor V T,ity Clerk ,J AFFIDAVIT OF PUBLICATION J CITY OF ELK RIVER RESOLUTION 21- 6 STATE OF MINNESOTA ) Councilmember Westgaard ss COUNTY OF SHERBURNE introduced the following resolution and moved its adoption: A Resolution of the City of Elk Diane Erickson being duly sworn on an oath, River Approving Notice of Sum - states or affirms that he/she is the Publisher's mart' Publication of Ordinance Designated Agent of the newspaper(s) known 21-2 Amending Chapter #30 - Ar- ticle III, Residential Rental Prop - as: arty Standards, of the City of Elk River, Minnesota, City Code Star News WHEREAS, on February 4, 2021, the Elk River City Council adopted Ordinance 21-2 amending with the known office of issue being located Chapter 30, Article III, governing in the county of: Residential Rental Property Stan- SHERBURNE dards of the Elk River Code of Or - with additional circulation in the counties of: WHEREAS, the following is a WRIGHT summary of the changes made to and has full knowledge of the facts stated the ordinance: below: • adjust fees for new and re - (A) The newspaper has complied with all of Hewed rental licenses, • reduce inspections for land - the requirements constituting qualifica- lords/property management com- tion as a qualified newspaper as provided panies in good standing, by Minn. Stat. §331A.02. • streamline the application pro- (B) This Public Notice was printed and pub- cess, . change payments to online or lished in said newspaper(s) once each cashier's check only. week, for 1 successive week(s); the first WHEREAS, a copy of the full insertion being on 02/06/2021 and the last text of the ordinance is available insertion being on 02/06/2021. for inspection by any person at the office of the Elk River City Clerk, 13065 Orono Parkway, during reg- MORTGAGE FORECLOSURE NOTICES ular business hours; and Pursuant to Minnesota Stat. §580.033 NOW, THEREFORE, BE IT RE- relating to the publication of mortgage SOLVED by the City Council, by at least four -fifths vote, authorizes the foreclosure notices: The newspaper complies publication of the title and summa- with the conditions described in §580.033, ry of Ordinance 21-2. subd. 1, clause (1) or (2). If the newspapers The motion for adoption of the known office of issue is located in a countY foregoing resolution was duly sec- onded by Councilmember Chris - adjoining the county where the mortgaged tianson, and upon vote being tak- premises or some part of the mortgaged en thereon, the following voted in premises described in the notice are located, favor thereof: Mayor Dietz, Coun- a substantial portion of the newspapers cilmembers Christianson, West - gaard. Beyer. and Wagner and the circulation is in the latter county. following against: none, whereupon said resolution was declared duly passed and adopted. The following 'members were By present: Mayor Dietz, Councilmem- Designated Agent hers Christianson. Westoaard. Bey er. and Wagner and the following absent: none. Subscribed and sworn to or affirmed before Passed and adopted this 1st me on 02/06/2021 by Diane Erickson. day of February 2021. John J. Dietz, Mayor ATTEST Tina Allard, City Clerk Published in the Star News J February 6, 2021 1113297 Notary Public DARLENE MARIE MACPHERSON NOTAROUBLIC - MINNESOTA My CammissW E)0res Jan 31, 2024 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $23.00 per column inch Ad ID 1113297