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11.1 SR 10-02-2023 Request for Action To Item Number Mayor and City Council 11.1 Agenda Section Meeting Date Prepared by Work Session October 2, 2023 Mark Dickinson, Fire Chief, and Suzanne Fischer, Env. Services/Special Projects Director Item Description Reviewed by Vacant Building and Business Registration Programs Jared Shepherd, City Attorney Reviewed by Cal Portner, City Administration Action Requested Receive information, discuss and provide staff direction regarding the implementation of Vacant Building and Business Registration programs. Background/Discussion Vacant buildings often attract transients, trespassers, and criminal activity. Neglect of vacant buildings creates risks of fire, explosion or flooding for the building and adjacent properties. They are often used as dumping grounds for junk, debris, drug activity, and have unmaintained yards, discouraging economic development and negatively impacting property values. Staff amended Sec. 30-90, Substandard Buildings, to include a Vacant Building Ordinance and Registration Program. A correlating program is a Business Registration Program which provides useful information when a new business moves in or relocates. The program gives fire, police, and the building official the ability to review a business before they move in and assist them with city processes that may be necessary. It would also provide general contact, emergency contact, key holder, and hazardous materials information to be on file with the Fire and Police Departments. The goal is to have all businesses registered within the city. Numerous communities have one or both of these program in place. Increased public safety is the basis on which staff drafted these documents for your review and consideration. Financial Impact TBD Mission/Policy/Goal Help, not hinder, citizen quality of life. Attachments  Amended Sec. 30-90 of Division 3 Substandard Buildings  Amended Sec. 38-31 of Art. II. Business Licenses and Business Permits The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity. Updated: January 2023 DIVISION 3. - SUBSTANDARD BUILDINGS At. 1 Footnotes: -(3)- State Law reference-- Hazardous and substandard buildings, Minn. Stats. § 463.15 et seq. Editor's note-- Ord. No. 16-12, § 2, adopted June 6, 2016, redesignated art. Ill, div. 4, § 30-221 and§§ 30-231- 30-239 as art. II, div. 3, § 30-90 and§§ 30-95 -30-103. Subdivision I. - In General Sec. 30-90. - Substandard buildings designated. {a) Generally. Any building or portion thereof which is determined to be an unsafe building in accordance with the building code; or any building or portion thereof, including any dwelling unit, guestroom, or suite of rooms, or the premises on which the room is located, in which there exists any of conditions listed in subsections (b) through (n) of this section, to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof, shall be deemed and hereby is declared to be a substandard building. (b) Pursuant to authority provided in M.S. § 463.26, permitting cities to enact and enforce ordinances regarding vacant hazardous buildings, and in order to enhance livability and preserve the tax base and property values of buildings within the city, and because of the need to assure that buildings which are capable of rehabilitation are promptly rehabilitated and buildings which are not capable of rehabilitation be promptly addressed under the provisions of Chapter 30, Article II, Division 3. Substandard Buildings, demolished, the city hereby establishesdeclares that it is the a policy of the city to promote identification and rehabilitation of vacant and unoccupied buildings, and to assure a prompt process for demolition or razing of hazardous buildings consistent with the provisions of Chapter 30, Article II, Division 3. Substandard Buildings. through a procedure fixing appropriate responsibility in accordance with due process requirements. (c) Inadequate sanitation. Inadequate sanitation shall include but not be limited to the following: {1) Lack of or improper water closet, lavatory, bathtub, or shower in a dwelling unit. {2) Lack of or improper kitchen sink in a dwelling unit. {3) Lack of hot and cold running water to plumbing fixtures in a dwelling unit. {4) Lack of adequate heating facilities. (5) Lack of or improper operation of required ventilating equipment. (6) Lack of minimum amounts of natural light and ventilation required by this Code. {7) Room and space dimensions less than required by the Code. {8) Lack of required electrical lighting. {9) Dampness of habitable rooms. {10) Infestation of insects, vermin, or rodents. 1 (11) General dilapidation or improper maintenance. (12) Lack of connection to required sewage disposal system . (13) Lack of adequate garbage and rubbish storage and removal facilities. {14) Lack of adequate doors, windows, and locks. {15) Noncompliance with exterior premises requirements . {d) Structural hazards. Structural hazards shall include but not be limited to the following: {1) Deteriorated or inadequate foundations. (2) Defective or deteriorated flooring or floor supports. (3) Flooring or floor supports of insufficient size to carry imposed loads with safety . (4) Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration. {5) Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety. (6) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration. {7) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety. {8) Fireplace chimneys which list, bulge, or settle due to defective material or deterioration. {9) Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety. (e) Nuisances. Any nuisance as defined by this Code shall be considered a substandard condition. (f) Hazardous electrical wiring. Electrical wiring which was installed in violation of code requirements in effect at the time of installation or electrical wiring not installed in accordance with generally accepted construction practices in areas where no codes were in effect, or which has not been maintained in good condition or which is not being used in a safe manner shall be considered substandard. {g) Hazardous plumbing. Plumbing which was installed in violation of code requirements in effect at the time of installation or plumbing not installed in accordance with generally accepted construction practices in areas where no codes were in effect, or which has not maintained in good condition, or which is not free of cross connections or siphonage between fixtures shall be considered substandard. {h) Hazardous mechanical equipment. Mechanical equipment which was installed in violation of code requirements in effect at the time of installation or mechanical equipment not installed in accordance with generally accepted construction practices in areas where no codes were in effect, or which has not been maintained in good and safe condition shall be considered substandard. {i) Faulty weather protection. Faulty weather protection shall include but not be limited to the following: a. Deteriorated, crumbling, or loose plaster. 2 b. Deteriorated or ineffective waterproofing of exterior walls, roof, foundations, or floors, including broken windows or doors. c. Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering. d. Broken, rotted, split, or buckled exterior wall coverings or roof coverings. {j) Fire hazards. Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation which, in the opinion of the chief of the fire department or his deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause shall be considered a substandard condition. {k) Faulty materials of construction. All materials of construction except those which are specifically allowed or approved by this Code and the building code, and which have been adequately maintained in good and safe condition, shall be considered a substandard condition. {l) Hazardous or unsanitary premises. Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rat harborages, stagnant water, combustible materials and similar materials or conditions constitute fire, health, or safety hazards shall be considered substandard. {m) Inadequate exits. Except for those buildings or portions thereof which have been provided with adequate exit facilities conforming to the provisions of this Code, buildings, or portions thereof whose exit facilities were installed in violation of building code requirements in effect at the time of their construction or whose exit facilities have not been increased in number or width in relation to any increase in occupant load due to alterations, additions, or change in use or occupancy subsequent to the time of construction shall be considered substandard. Notwithstanding compliance with Code requirements in effect at the time of their construction, buildings, or portions thereof shall be considered substandard when the building official finds that an unsafe condition exists through an improper location of exits, or a lack of an adequate number or width of exits, or where other conditions exist which are dangerous to human life. {n) Inadequate fire protection or firefighting equipment. All buildings or portions thereof which are not provided with the fire resistive construction or fire extinguishing alarm and detection systems or equipment required by this Code or the building code, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire resistive integrity and fire extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration, or addition, or any change in occupancy, shall be considered substandard. {o) Improper occupancy. All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes which were not designed or intended to be used for such occupancies shall be considered substandard. 3 (Code 1982, § 1007.20; Ord. No. 06-10, 10-2-2006; Ord. No. 16-12, § 2, 6-6-2016) Editor's note- See editor's note for Div. 3. Secs. 30-91-30-94. - Reserved. Sec. 30-91 Vacant Building Identification and Regulation Subd. 1 - Purpose and findings: A. The purpose of this section is to protect the public health, safety, and welfare by establishing a program for the identification and regulation of vacant and abandoned buildings within the city. This section also determines the responsibilities of owners of vacant buildings and provides for administration, enforcement, and penalties. associated with the same. B. The City Council finds that vacant buildings are a major cause and source of blight in residential and non- residential neighborhoods, especially when the owner or party responsible for a building fails to maintain and manage the building to ensure it does not become a liability to the neighborhood. Vacant buildings often attract transients, trespassers, and criminals. Neglect of vacant buildings and the use of vacant buildings by transients and criminals creates a risk of fire, and other structural damage of the vacant building and adjacent properties. Vacant properties are often used as dumping grounds for junk and debris and are frequently overgrown with weeds and tall grass. Vacant buildings that are boarded to prevent entry by transients and other long-term vacancies are unsightly, discourage economic development and inhibit the increase of property values. There is a substantial cost to the city in monitoring vacant buildings which should be . This cost should not be borne by the general taxpayers but should be borne by those who leave their buildings vacant. C1. Pursuant to authority provided in M.S. § 463.26, permitting cities to enact and enforce ordinances regarding vacant hazardous buildings, and in order to enhance livability and preserve the tax base and property values of buildings within the city, and because of the need to assure that buildings which are capable of rehabilitation are promptly rehabilitated and buildings which are not capable of rehabilitation be promptly addressed under the provisions of Chapter 30, Article II, Division 3. Substandard Buildings, demolished, the city hereby establishesdeclares that it is the a policy of the city to promote identification and rehabilitation of vacant and unoccupied buildings, and to assure a prompt process for demolition or razing of hazardous buildings consistent with st the provisions of Chapter 30, Article II, Division 3. Substandard Buildings. Moved to 1 pagethrough a procedure fixing appropriate responsibility in accordance with due process requirements. (A) Vacant Building Registration Application. . a. The owner or responsible party shall register a vacant building with the city no later than ten (10) thirty (30) days after the building becomes vacant. The registration shall be submitted on a form provided by the city. and shall include the following information supplied by the owner: i. The name, address, telephone number and email address of each owner and each owner's representative. ii. The tax parcel identification number and street address of the premises on which the building is situated. iii. The names, addresses, telephone numbers and email addresses of all known lien holders and all other parties with any legal interest in the building. iv. The name, address, telephone number and email address of a local agent or person responsible for 4 managing or maintaining the property. v. The status of water, sewer, natural gas, and electric utilities; and vi. The date the building became vacant, the period of time the building is expected to remain vacant, and a property plan and timetable for returning the building to appropriate occupancy or use and correcting code violations and nuisances or for demolition of the building. b. The owner shall notify the City Administrator or their designee within 30 days of changes in any of the information supplied as part of the vacant building registration and shall continue to do so on an ongoing basis during vacancy. (B) Property Plan. The property plan shall meet the following requirements: a. General provisions. The plan shall comply with all applicable regulations and meet the approval of the City Administrator or their designee. It shall contain a timetable regarding the use or demolition of the property. The plan shall be completed within thirty (30) days after the building is registered. b. Maintenance of building. The plan shall identify the means and timetable for addressing all maintenance and nuisance-related items identified in the application. Any repairs, improvements or alterations to the property shall comply with building code provisions and applicable city and state regulations. c. Plan changes. If the property plan or timetable for the vacant building is revised in any way for any purpose, the revisions shall meet the approval of the City Administrator or their designee. (C). Noncompliance and Nnotification. If the owner does not comply with the property plan, or maintain or correct nuisance violations, the city may commence abatement and recover its costs for correction of those items. In the case of an absent owner and ongoing nuisance issues, the city need not provide notice of each abatement act to the owner. A single notice by the city to the owner is determined to be sufficient notice that it intends to provide ongoing abatement until the owner corrects the violations. (D) Exemptions. a. Casualty damage. A building that has suffered casualty damage is exempt from the registration requirement for a period of thirty (30) days after the date of the casualty event if the owner submits a request for exemption in writing to the City Administrator or their designee. An exemption request for review by the City Administrator or their designee shall include the following information supplied by the owner: I. A description of the premises. II. The name and address of the owner or owners. III. A statement of intent to repair and reoccupy the building in an expeditious manner and the timeframe for completion; and IV. Action the owner will take to ensure the property does not become a nuisance. b. Snowbirds. Those persons who leave their residential buildings on a temporary basis (6 mos. or less) for vacation purposes or to reside elsewhere during the winter season and have the intent to return are exempt from the registration requirement. 5 (E) Fees. The owner shall pay an annual registration fee as provided in the city’s official fee schedule, which is renewed on an annual basis. The owner shall pay an annual registration fee. The registration fee will be an amount Formatted: Font: 10 pt, Font color: Red adopted by ordinance by the City Council. The amount of the registration fee shall be reasonably related to the administrative costs for registering and processing the registration form and for the costs of the city in monitoring the vacant building site. The fee shall be paid in full prior to the issuance of any building permits or licenses, with the exception of a demolition permit. (F) Assessment. If the registration fee or any portion thereof is not paid within 30 days after billing or within 30 days after any appeal becomes final, the City Council may certify the unpaid fees against the property. (G) Failure to register. If the property is abandoned or the owner or responsible party fails to complete the registration process, the property will be registered administratively as a vacant property and the registration fee shall be assessed against the property. Failure to complete the registration process does not excuse property owners from the penalties or processes under this chapter. Change of Ownership A new owner shall register or re-register a vacant building within 10 days of any transfer of an ownership interest in a vacant building. The new owner shall comply with the approved property plan and timetable submitted by the previous owner or shall submit a revised or amended property plan to the City Administrator or their designee for review and approval. For the purposes of this section, the new owner is an owner as defined in this section if the new owner has purchased the vacant building since its registration by the previous owner or has otherwise succeeded to all rights of the previous owner. Inspections The Inspector, also known as the City Administrator or their designee, may conduct inspections on any vacant building in the city for the purpose of enforcing and ensuring compliance with this section and other applicable regulations in accordance with due process requirements. Upon the request of the City Administrator or their designee, the owner or responsible party shall provide access to all interior portions of the building and the exterior of the property in order to complete an inspection. If the owner or responsible party is not available, is unresponsive, or refuses to provide access to the interior of the building, the city may use any legal means to gain entrance to the building for inspection purposes. Prior to any re-occupancy, the owner or responsible party shall request an inspection of the vacant building by the City Administrator or their designee to determine compliance with this chapter and all other applicable regulations. All application and re-inspection fees also shall be paid prior to building occupancy. Sec. 30-92. Maintenance of Vacant Buildings The owner shall comply with and address the following items in the property plan: A. Appearance: All vacant buildings shall be maintained and kept so that they appear to be occupied. B. Securing: All vacant buildings shall be secured from outside entry by unauthorized persons or pests in manner approved by the City Administrator or his designee. Security shall be ensured by normal building amenities such as windows and doors having adequate strength to resist intrusion. All doors and windows shall remain locked. There shall be at least one operable door into every building and into each dwelling unit. Exterior walls and roofs shall remain intact without holes. 6 a. Architectural (cosmetic) structural panels: Architectural structural panels may be used to secure windows, doors and other openings provided they are cut to fit the opening and match the characteristics of the building. Architectural panels may be of exterior grade-finished plywood or Medium Density Overlaid plywood (MDO) that is painted to match the building exterior or covered with a reflective material such as plexiglass to simulate windows. Do we want to limit this to 90 days also? b. Temporary securing: Untreated, exterior grade (CDX) plywood or similar structural panels may be used to secure windows, doors, and other openings for a maximum period of 90 days. c. Failure to secure: If the city identifies a vacant building that is open to trespass and has not been secured under these requirements, and could be made safe by securing the building, the city council may order the building to become secured or otherwise deem the building as a substandard or hazardous building under Chapter 30, Article II, Division 3. Substandard Buildings. In accordance with Minn. Stat. § 463.251, nNotice of any order to secure shall be served upon the owner of record of the premises or their agent, the taxpayer identified in the property tax records for that parcel, the holder of the mortgage or sheriff's certificate, and any neighborhood association for the neighborhood in which the building is located that has requested notice. Service by mail is complete upon mailing. Costs of securing the building shall be assessed against the property. C. Emergency securing: If the City Administrator or their designee deems a vacant building poses an immediate danger to the health and safety of community members, the city may issue an ordinance for the emergency security of that building under Minn. Stat. § 463.251, subd.4. D. The Inspector may take immediate steps to secure a vacant building at his or her discretion in emergency circumstances. Fire Safety: Fire protection systems: 901.6Inspection, testing and maintenance. Fire detection and alarm systems, emergency alarm systems, gas detection systems, fire-extinguishing systems, mechanical smoke exhaust systems and smoke and heat vents shall be maintained in an operative condition at all times and shall be replaced or repaired where defective. Nonrequired fire protection systems and equipment shall be inspected, tested, and maintained or removed. Owners of non-residential vacant buildings shall maintain all fire protection systems, appliances and assemblies in operating condition and maintain underwriter laboratories (UL) monitoring of all systems. at all times and in accordance with the Minnesota and International Fire Codes. Removal of hazardous and combustible materials: The owner of any vacant building shall remove all hazardous material and hazardous refuse that could constitute a fire hazard or contribute to the spread of fire. E. Plumbing Fixtures: Plumbing fixtures connected to an approved water system, an approved sewage Formatted: Font: 10 pt, Font color: Red system, or an approved natural gas utility system shall be installed in accordance with applicable codes and be maintained in sound condition and good repair or removed and the service terminated in the Formatted: Font: 10 pt manner prescribed by applicable codes. The building's water systems shall be protected from freezing. F. Electrical: Electrical service lines, wiring, outlets, or fixtures not installed or maintained in Formatted: Font: 10 pt accordance with applicable codes shall be repaired, removed or the electrical services terminated to the building in accordance with applicable codes. G. Lighting: All exterior lighting fixtures shall be maintained in good repair, and illumination shall be provided to the building and all walkways in the same manner as provided at the time the building was last occupied 7 or as otherwise provided in the approved vacant building plan. H. Heating. Heating facilities or heating equipment in vacant buildings shall be removed, rendered inoperable, or maintained in accordance with applicable codes. I. Termination of utilities: The City Administrator or their designee may require the water, sewer, electricity, or gas service to the vacant building be terminated or disconnected. Prior to the termination of any utility service, the city will provide written notice to the owner as provided in city Code of Ordinances. No utility may be restored until consent is given by the City Administrator or their designee. Utilities may be disconnected at the request of the owner or responsible party as part of the approved vacant building property plant. The City Administrator or their designee may authorize immediate termination of utilities at his or her discretion in emergency circumstances and provide subsequent notice to the owner or responsible party. J. Signs: On non-residential properties, obsolete or unused exterior signs and installation hardware shall be removed. Holes and penetrations sha)I be properly patched and painted to match the building. Surfaces beneath the signs that do not match the building shall be repaired, resurfaced, painted, or otherwise altered to be compatible with the building surfaces. All signs remaining on the property shall be maintained in good condition and comply with the provisions of this code. K. Exterior maintenance: The owner shall comply with all applicable property maintenance regulations and city codes including, but not limited to, the following: a. Nuisances: The owner shall eliminate any activity on the property that constitutes a nuisance as defined by this code or state statute. b. Grass and weeds: Any weeds or grass shall be maintained at a height of no greater than eight inches and in accordance with city code. c. Exterior structure maintenance: The owner shall maintain the vacant building in a manner so that it does not constitute a nuisance or as otherwise determined to be necessary by the City Administrator or their designee to protect public health and safety. d. Abandoned or junk vehicles: The owner shall keep the property free of unlicensed, inoperable, abandoned or junk vehicles. The city may cause such vehicles to be removed. e. Animals: The owner shall ensure that all animals, including domestic, exotic, and feral, are removed from the property and handled in a humane manner. f. Diseased, dead, or hazardous trees: The owner shall remove diseased, dead or hazardous trees or branches from the property as required for public health and safety. g. Graffiti: The owner shall keep the property free from graffiti. h. Abandoned swimming pools: Swimming pools shall be covered and secured to prevent accidental entry, treated to prevent pest harborage, and properly drained, and winterized. L. Removal of garbage and refuse: The owner of any vacant building shall keep the building and property free of all junk and refuse pursuant to the city code and otherwise in accordance with public health and safety. M. Police protectionAlarm systems: All alarm systems in any vacant building or portion thereof shall be maintained in operating condition. N. Loitering, criminal activities: Loitering or engaging in criminal activities is prohibited in the vacant building 8 or on the real property upon which the vacant building is located. The owner or responsible party shall not allow these activities and shall take immediate actions to eliminate these conditions upon notification by the city or upon discovery. O. Emergency abatement: The City Administrator or their designee may authorize immediate abatement of any public nuisance or correction of any maintenance items if the City Administrator or their designee determines that conditions exist that present an imminent threat to public health and safety. P. Other codes: The property owner or responsible party shall comply with all other city codes and applicable regulations. No Occupancy or Trespass No person may trespass, occupy, or reside, on a temporary or permanent basis, in any vacant building, registered or not, without the owner's consent. Vandalism or removal of items prohibited No person may damage or remove items from a vacant building or the property upon which it is located, including, but not limited to, appliances, fixtures, electrical wiring, copper, or other similar items without the owner's consent. Sec. 30-93 Appeal Any person or responsible party aggrieved by a decision rendered under this chapter by the City Administrator or their designee may appeal to the City Council. The appeal shall be made in writing, shall specify the grounds for the appeal and shall be submitted to the City Clerk's office with the required filing fee, not exceeding ten days from the date of mailing of the decision that is basis of the appeal. Penalty Any person or responsible party who violates the any provisions of this chapter is guilty of a misdemeanor. Nothing in this section, however, is deemed to limit other remedies or civil penalties available to the city under this code or state law as they may be amended from time to time. Sec. 30-94 Reserved 9 At (Code 1982, § 700.06) At. 2 ARTICLE II. - BUSINESS LICENSES AND BUSINESS PERMITS Sec. 38-31. - Application; issuance. Unless otherwise provided in this Code, every application for a license shall be made to the city clerk on a form provided by the city clerk. It shall be accompanied by payment to the city clerk of the prescribed fee. If, after investigation, the city clerk is satisfied that all requirements of law and this Code have been met, the city clerk shall present the application to the council for action or, if the license or permit does not require council approval, the city clerk or another appropriate official shall issue the license or permit. (Code 1982, § 700.02) Sec. 38-32. - Fees generally. (a) Amount. License fees are in the amounts established by resolution or as otherwise provided in this Code. (b) Proration. License fees shall not be prorated unless otherwise specified in this Code or required by law. (c) Refunds. License fees shall not be refunded in whole or in part unless otherwise specified in this Code or required by law. (Code 1982, § 700.04) Sec. 38-33. - Term. Unless otherwise specified in this Code, a license shall be valid for a calendar year or the part of the year for which it is issued and shall expire on December 31. Sec. 38-34. - Duties of license holders. Unless otherwise specified in this Code, every license holder in the city shall: (1) Permit all reasonable inspections of the premises, pursuant to the provisions of section 38-35(a) and (b), for the purpose of ascertaining compliance with state law, this chapter, or any other ordinance of the city. (2) Post and maintain such license upon the licensed premises in a conspicuous place where it may be always seen. (3) Not loan, sell, give, or assign a license to another person. (Code 1982, § 700.08) Sec. 38-35. - Inspections; suspension or revocation of license. (a) Right of entry. Consistent with the law, any city official or employee having a duty to perform with reference to a license under this Code and any police officer may inspect and examine any licensed business or premises to enforce compliance with applicable provisions of this Code. Subject to the provisions of subsection (b) of this section, such authorized person may at any reasonable time enter any licensed premises or business for which a license is required to enforce compliance with this Code. At (Code 1982, § 700.06) At. 2 (b) Refusal to allow inspection. Any license may be revoked if a city officer or city employee charged with the duty of enforcing this Code is denied access to the licensed premises for the purpose of inspecting. (c) Grounds for suspension or revocation. Every license issued under this chapter or any other ordinance of the city is subject to the right, which is hereby expressly reserved, of the council to suspend or revoke the license should the holder or the holder's agents , employees, representatives or lessees, directly or indirectly, fail to comply with the provisions of the particular license, this chapter, or any other law, ordinance or regulation pertaining directly or indirectly to the operation or conduct of the licensed activities. (d) Procedure for suspension or revocation. Except where a different procedure is provided by a particular ordinance or state law, the following procedure shall apply to suspensions and revocations of licenses under this section: (1) Notice. Prior to the suspension or revocation of any license granted by the city, written notice shall be mailed by registered or certified mail to the licensee at the address listed in the license. The notice shall contain: a. A statement of the alleged violation of the terms of the license and any corrections required by the city. b. A statement of the grounds upon which the proposed suspension or revocation will be issued. c. A statement that within 30 days after receipt of the notice the licensee may demand in writing a hearing before the city council and that such demand shall be delivered to the city clerk. d. A statement that failure to request a hearing shall be cause for automatic suspension or revocation of the license. If the notice described in this subsection (1) states corrections required by the city, the notice shall also state that failure to comply with such corrections within ten days of receipt of the notice shall be grounds for suspension or revocation of the license. (2) Request for hearing. If the licensee wishes to have a hearing about the proposed suspension or revocation of the license, such licensee must demand such a hearing in writing within 30 days of receipt of the notice described in subsection (1) of this subsection on. The demand shall be delivered to the city clerk. Failure to request such a hearing shall be cause for automatic suspension or revocation of the license. (3) Conduct of hearing. If a public hearing is requested, written notice of the date and time of such public hearing shall be sent to the licensee at least ten days prior thereto. Public hearings shall be before the council, at which time evidence of any alleged violation or grounds upon which the proposed suspension or revocation would be based shall be presented to the council. The licensee may be represented by counsel and shall be given an opportunity to be heard. At (Code 1982, § 700.06) At. 2 (4) Decision. If, after the hearing, the council determine that the proper grounds exist to suspend or revoke the license in question, the council shall state those grounds for the record and suspend or revoke such license. No suspension shall be for longer than 60 days. Suspension or revocation shall not prejudice the city's right to bring criminal charges in connection with the same case. (e) Summary action. When the conduct of any license holder or his agent, employee, representative or lessee is so inimical to the public health, safety, or general welfare as to constitute a nuisance and thus give rise to an emergency, the city clerk shall have authority to summarily order the cessation of business and the closing of the premises or to suspend or revoke the license subject to the following: (1) Any person aggrieved by a decision of the city clerk to cease business or to suspend or revoke the license shall be entitled to appeal by requesting in writing a hearing before the council within 30 days of the date of such decision by delivery of such request to the city clerk. (2) (3) If a public hearing is requested as provided in this subsection, written notice of the date and time of the public hearing shall be sent to the licensee at least ten days prior thereto. The hearing shall be conducted in the same manner as if the aggrieved person had not been subject to summary action. (4) The decision of the city clerk shall not be stayed pending such appeal. {Code 1982, § 700.1O) ARTICLE III. BUSINESS REGISTRATION CERTIFICATE Sec. 38-621. Purpose. The purpose of this article is to establish a process for the city to obtain and maintain current information on all businesses located in the city. The obtained information will allow the city to be informed as to current occupancy and occupancy changes within buildings, permit the city to update and review records regarding emergency contact lists, fire preplan, inspection, and hazardous materials. The information will permit the city to verify that any business intending to operate within the city shall comply with the state building code, the state fire code, and local Code requirements. The city fire and police department will be notified of any hazards or security issues that may affect the community's health, safety, and welfare. Sec. 38-62. General requirements. (a) Certificate. No person or entity shall operate any business in the city without first obtaining a business registration certificate (BRC) issued by the city. (b) Application. The applicant shall provide such information as required on forms furnished by the city. The completed form shall be submitted to the city. The application shall be filed with the city 30 days prior to any business's intended occupancy, or 30 days prior to the existing BRC's expiration date. (c) Term. A BRC shall be effective from January 1 to December 31 of each year, unless At (Code 1982, § 700.06) At. 2 otherwise provided in this Code. (d) Renewal. No BRC shall be automatically renewed. Applications for renewal shall be submitted to the zoning administrator prior to the BRC's expiration date. (e) Display. Any person to whom a BRC is issued pursuant to this article shall be required to display the BRC at the business or entity in public view. (f) Fees. None. When an existing BRC holder changes its name but does not substantially change its business operations, the applicant shall reapply for a new BRC, however no additional BRC fee shall be required. Any business licensed under the provisions of this Code shall be exempt from such fee. Sec. 38-63. Modifications. An owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert, or replace any gas, mechanical, electrical, plumbing system, or other equipment, the installation of which is regulated by the code; or cause any such work to be done, shall first make application to the building official and obtain the required permit. MN State Building Code P1-Ch1300 Sec. 1300.0120. Sec. 38-64. Required application information. (a) The application for a BRC shall contain the following information: (1) Name of proposed business. (2) Address of business (including suite number, if applicable). (3) Phone number of business. (4) Business website/email address. (5) Reserved. (6) Key holder contact information. (7) Type of business operation. (8) Building owner’s name, address, and phone numbers. (9) Amount of flammable/combustible liquid storage on the business site. (10) Amount of hazardous materials storage on the business site. (11) Amount of explosive material or ammunition on the business site. (12) Reserved (13) Hours of operation. (14) Name of alarm company serving the business site. (15) Type of alarm system on the business site (water flow, burglar, glass break). (16) Any other information the city may find necessary to accomplish the purpose of this article. (b) Applications must be returned to the zoning administrator within 30 days of receipt of the At (Code 1982, § 700.06) At. 2 application. Applicants who do not return application within the required time will be considered in violation of this article and guilty of a petty misdemeanor. Sec. 38-65. - Issuance of business registration certificate. Upon completion and approval of the following, the city will issue a BRC to the business:  Receipt of a complete BRC application.  City reviews the BRC application; and  Verification that the business complies with this Code, state building code, and the state fire code. Secs. 38. 66-110. Reserved.