HomeMy WebLinkAbout2026 03-09 CCP WORKCOUNCIL/EDA WORK SESSION
MEETING
City Hall Council Chambers
March 9, 2026
AGENDA
1.Active Discussion Items
a.Rental License Program Changes
City Council to review proposed ordinance changes to the Chapter 12 of the
City Code of Ordinances regarding the rental licensing program and make
recommendations on additional changes or considerations prior to City staff
initiating the ordinance amendment process.
b.City-Wide Water Meter Changeout Plan: Policy Decision Discussion
2.Adjournment
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Council Regular Meeting
DATE: 3/9/2026
TO: Council/EDA Work Session
FROM: Xiong Thao, Housing and Community Standards Manager
THROUGH: Ginny McIntosh, Planning Manager
BY: Shannon Pettit, City Clerk
SUBJECT: Rental License Program Changes
Requested Council Action:
City Council to review proposed ordinance changes to the Chapter 12 of the City Code
of Ordinances regarding the rental licensing program and make recommendations on
additional changes or considerations prior to City staff initiating the ordinance
amendment process.
Background:
At the January 12, 2026, work study session, staff brought forward recommended
changes to City Council for consideration. Community Development staff prepared a
PowerPoint presentation and asked the Council for feedback on a few items. Based on
the feedback and recommendations from the Council, staff prepared a proposed
ordinance for the Council to review. Based on the feedback from today's discussion, a
final ordinance will be prepared and brought forward to Council for consideration at a
later date. An amendment to the City Code of Ordinances would require a first and
second reading with a public hearing.
Currently, rental licenses are brought to City Council for consideration of approval when
a rental license inspection passes. New rental license expiration dates are based on
the City Council approval date, while license renewals date back to the last active
license. Each license has a different expiration date and licenses are issued on a rolling
calendar basis. To date, there are 551 active rental licenses. This number
does not account for licenses that are expired, pending City Council approval, or are in
other milestones.
The 551 active rental licenses include:
Type I - 3 year license: 338
Type II - 2 year license: 162
Type III - 1 year license: 38
Type IV - 6 month license: 13
The current proposed changes to the rental license program would impact the 338 Type
I licenses, as they would lose one (1) year off their license in order to move to a two (2)
year license program and would need to pay license application fees more frequently.
The Type III (1-year) and Type IV (6-month) rental licenses would transition to a two (2)
year license, which would result in less frequent rental license inspections and payment
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of rental license application fees, and there would be no impact to the Type II (2-year)
rental licenses. The anticipated net change in the number of inspections would increase
by 210 licenses.
For Type III (1-year) and Type IV (6-month) properties that are moved to the two (2)
year rental license, staff anticipates an increase in the number of complaints throughout
the license period and, during the renewal inspection, an increase in the overall number
of property code violations. Historically, these rental license types have had difficulty
maintaining and passing the rental license inspection and it is assumed an improved
license period of two (2) years will make it more difficult for those properties to pass the
rental license inspection.
The following are proposed changes to the rental license ordinance as directed by the
Council:
1. 12-901.1.a – License Required. Changes the language to reflect a two (2) year
rental license. Eliminates the performance-based program requirements, and
removes language requiring City Council approval of all rental licenses.
2. 12-901.b.1 – Removes the rental license exception for an owner who occupies
the property for six months per calendar year because it is difficult to enforce and
document the six-month occupancy requirement.
3. 12-901.1.b.2 – Added language stating that an owner who rents a room must use
the dwelling unit as their primary residence. The owner must submit a notarized
affidavit stating it is their primary residence.
4. 12-901.2 – License Term. This section is deleted since it no longer applies to
the proposed ordinance.
5. 12-901.3 – New License. This section removes the tiered rental license
program language and adds the two-year rental license language.
6. 12-901.4 – License Renewals. Removes language reflecting the tiered rental
license program.
7. 12-901.5 – Failure to Meet License Category Requirements. This section is
deleted.
8. 12-901.6 – Type IV Provisional License. This section is deleted.
9. 12-901.7 – License Category Criteria. This section is deleted.
10. 12-901.8.b – Inspection. The rental license inspection requirement language
has been revised to state that a rental license will be issued prior to completing
an inspection. The rental license inspection must then be completed within 90
days of issuing the rental license.
11. 12-901.8.d – Incomplete Applications or Process. Changes the language to
state that a license is considered "incomplete" if the license process is not
completed within 90 days after the rental license is issued. This reflects the
requirement to pass the inspection 90 days after issuing the license. If the
license process is not completed within 90 days, the rental license application is
considered incomplete and will be canceled. The applicant would then have to
re-apply.
12. 12-901.9 – Condition of License. This section is deleted. Fees, Administrative
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Citations, utility costs, or other financial obligations to the city may be specially
assessed and should not cause a delay in issuing a rental license.
13. 12-902.2 – License Fees, Delinquent Payments. Changes the late fee costs for
property owners who fail to renew their rental license. Property owners receive
renewal notices 120, 90, 60, and 30 days prior to the license expiration. In
addition, the language was changed to allow a rental license to be transferred to
a new owner.
14. 12-906 – License Inspection Required. Added additional language stating the
purpose of the inspection and the city will provide reasonable notice to the owner
regarding the date and time of the rental inspection.
15. 12-908 – Rental License Transfer. The language was changed to allow for
rental licenses to be transferable. A license may be transferred if the rental
license was issued within the last 6 months and the inspection has passed.
16. 12-910.3.e – Grounds for License Action. This section is deleted as it no
longer applies.
17. 12-910.3.f — This section is deleted as it no longer applies.
18. 12-913 – Type IV Provisional Licenses. This section is deleted as it no longer
applies.
19. 12-914 – Crime Free Housing Program. This section is deleted.
Next Steps:
Staff will bring the proposed ordinance to the Housing Commission for review at their
regularly scheduled meeting on March 17, 2026. Ordinance changes require a first and
second reading and a public hearing. Given the public hearing noticing requirements,
the earliest staff could bring forward a first reading and public hearing would be at the
April 13, 2026, City Council meeting.
Budget Issues:
None to consider at this time.
Inclusive Community Engagement:
Antiracist/Equity Policy Effect:
Strategic Priorities and Values:
ATTACHMENTS:
1. PowerPoint Presentation — Rental License Program Changes
2. Draft Ordinance Language — Licensing of Rental Units (Chapter 12)
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Page 5 of 45
3/4/2026
1
Rental License Program – Ordinance
Amendment
City Council Meeting, March 9, 2026
Xiong Thao, Housing and Community Standards Manager
Historical Background / Purpose
•Staff met with Council at several work sessions to discuss changes to the
rental license program.
•During the work session meeting on January 12, 2026, staff received feedback
on specific changes to the rental program.
•The purpose of this work session is to go through the requested changes in
the form of a proposed ordinance amendment before bringing forward an
action to amend the rental license ordinance.
2
1
2
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3/4/2026
2
License Information
•Currently, there are 551 Active licenses:
•Type I (3-year) — 338
•Type II (2-year) — 162
•Type III (1- year) — 38
•Type IV (6-month) — 13
•Type I licenses would lose 1-year off their license and pay more frequently while Type III
and IV license gain additional time on their license and pay less frequently.
•Net Change:210 licenses would see an increase in the number of inspections.
•Type III and IV licenses would potentially see an increase in complaints and property
code violations during rental license inspections due to increased time between
inspections.
3
Proposed Ordinance
•Eliminates the performance based rental license program. Implements a
rental license that is valid for two (2) years.
•The rental license will be issued administratively by staff and will no longer go
to City Council for approval.
•Changes the language to issue the rental license prior to passing the rental
license inspection.
•Rental license inspection must pass within 90 days of issuing the rental
license.
•Changes the language in the ordinance to allow for a rental license transfer to
occur within 6 months of issuing the license to the new owner.
4
3
4
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3/4/2026
3
Proposed Ordinance (Cont.)
•Removes the 8-hour Crime Free Housing training requirement.
•Removes the requirement for a Crime Prevention through Environmental
Design (CPTED) inspection requirement.
•Removes the requirement for the submission of an Action or Mitigation Plan.
•Removes police calls for service in determining the license type.
•Proposed amendment would keep Section 12-911, which allows for the
City to enforce conduct on a property. The City would retain the ability to
ask a property owner to act against tenants who continue to violate
Section 12-911.
5
Proposed Ordinance (Cont.)
•Changes the incomplete rental license language to reflect the 90-day
inspection period.
•Rental license renewals will still be sent 120, 90, 60, and 30 days prior to
the license expiring.
•The owner can renew anytime before the license expires and staff will
schedule the inspection.
6
5
6
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3/4/2026
4
Next Steps
•Staff plans to meet with the Housing Commission on March 17 to provide an
overview of the changes to the rental license program.
•At this time, staff has not met or presented the proposed amendments to
rental property owners or tenant advocates.
•Staff will prepare the ordinance and bring it to Council for consideration at a
future City Council meeting. The April 13 City Council meeting is the earliest
an ordinance could be presented given noticing requirements.
•The ordinance amendment will require a 1
st and 2
nd reading with a public
hearing.
•If an ordinance amendment is adopted, the change would go into effect 30
days following newspaper publication of the ordinance language.
7
Questions?
Are there additional changes that Council would like
staff to update or bring forward for consideration?
8
7
8
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City of Brooklyn Center 12-1 City Ordinance
BR291-16-1080393.v3
CHAPTER 12 – BUILDING MAINTENANCE AND OCCUPANCY ORDINANCE
Section 12-900. PURPOSE. It is the purpose of this Chapter 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 residential
properties is a 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 noise, nuisances or annoyances; free from unreasonable fears about
safety of persons and security of property; and suitable for raising children.
Section 12-901. LICENSING OF RENTAL UNITS.
1. License Required.
a. No person shall operate a rental dwelling without first having obtained a
license to do so from the City of Brooklyn Center. A license will be granted
as a two-year license Type I, Type II, Type III, or Type IV Provisional based
on criteria recommended by the City Manager. and approved by the City
Council.. Any rental license received under this article shall commence upon
the date of issuance and, unless revoked or suspended, shall remain valid until
the next applicable renewal date.
b. Operating without a License. A person who operates a rental dwelling after
the rental license has expired is operating an unlicensed rental dwelling.
Operating a rental dwelling without a rental license is a violation of this
ordinance, and may be subject to administrative citations pursuant to Chapter
18-102 of the Brooklyn Center City Code..
c. License Transfer. Rental licenses may be transferred if the license is within 6-
months of issuance and have passed the rental license inspection. The rental
license may be transferred upon completion of a license transfer application
and payment of the license transfer fee.
a.d. Exceptions. No license shall be required under the following circumstances:
1) A single family dwelling or a dwelling unit in a duplex occupied by
the building owner for a minimum of six months per calendar year.
2) Rented rooms within an owner-occupied dwelling unit who utilizes
the unit as their primary residence. An owner must provide proof of
residency by submitting a notarized affidavit to the City.
3) A residential property owned by a “snowbird” where the property is
Formatted: Indent: Left: 1.5"
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City of Brooklyn Center 12-2 City Ordinance
rented to another person for aa maximum 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. “Snowbird” is defined as: Those persons who
leave their residential buildings on a temporary basis for vacation
purposes or to reside elsewhere for a season and have the intent to
return to their primary residence.
4) Unoccupied dwelling units that have been issued a Vacant Building
Registration.
2. License Term. Licenses will be issued for a time period according to the license
type as indicated in Diagram I. All licenses may be reviewed at any time after the
beginning of the license term to determine whether the property continues to have
the appropriate Type license.
Diagram I
Licensing
Category
Licensing
Period
Min. Inspection
Frequency
Crime Free Housing Plans
Type I 3 year Min. 1 time in 3 years,
upon request, or as needed
as determined by City
Phase I
Recommended
Type II 2 year Min. 1 time in 2 years,
upon request, or as needed
as determined by City
Phase I Required
Type III 1 year Min. 1 time per year, upon
request, or as needed as
determined by City
Phase I, II Required Action Plan
Required
Type IV
Provisional
6 months Min. every 6 months,
upon request, or as needed
as determined by City, or
as otherwise specified by
Mitigation Plan
Phase I, II, and III
Required
Mitigation
Plan
Required
3. New Licenses. Properties that have legally not been required to have a rental license
due to new construction may qualify for a Type II, Type III, or Type IV receive a
two-year License. Properties that have changed from owner occupied to rental may
qualify for a receive a Type II, Type III, or Type IV two-year License. Properties
found operating without a valid rental license from the City or failing to meet City
Code requirements or that have been the subject of enforcement actions such as
criminal prosecution or civil penalties for violation of this Chapter, will only qualify
for a Type III or Type IV License.only qualify for a one-year license.
4. License Renewals. All rental properties are subject to review and may shall be
required to apply and qualify for a different license Type based on the level of
compliancecomply with City Codes and applicable regulations.
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City of Brooklyn Center 12-3 City Ordinance
5. Failure to Meet License Category Requirements. At any time during a license
period, if a rental property does not meet or exceed the criteria established for the
current license Type, the license may be brought forth to the City Council for
consideration of license suspension, revocation, and/or license Type review.
6. Type IV Provisional Licenses. Rental properties under Type IV Provisional
Licensing must meet the requirements set forth in Section 12-913.
7. License Category Criteria. License type will be determined on the basis of
established criteria based on Police incidents and property Code and nuisance
violations as recommended by the City Manager and approved by the City Council
as City policy. A copy of the City policy shall be distributed to each licensee.
a. Police Incidents. Frequency of police calls will be based on the average
number of valid police calls per unit. Police incidences for purposes of
determining licensing categories shall include disorderly activities and
nuisances as defined in Section 12-911 and events categorized as Part I
crimes in the Uniform Crime Reporting System including homicide, rape,
robbery, aggravated assault, burglary, theft, auto theft, and arson. Calls will
not be counted for purposes of determining licensing categories 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).
b. Property Code and Nuisance Violations. Standards for property
maintenance will be based on compliance with City and other applicable
Codes as determined through inspections and investigations.
8. License Process and Renewal.
a. Renewals. License renewals shall be filed at least 90 days prior to the
license expiration date. Within two weeks of receipt of a complete
application and of the license fee required by Section 12-902, the
Compliance Official shall schedule an inspection.
b. Inspection. No After an application for an initial license shall be has been
submitted to the City CouncilCity Manager for approval, the property shall
pass an inspection within 90 days of the rental license issuance. until the
Compliance Official has determined that all life, health safety violations, or
discrepancies have been corrected. In cases where a weather deferral for
repairs has been granted by the Compliance Official, the license may be
brought forward for consideration of granting a license conditioned on
completing repairs. Failure to pass the inspection may result in license
revocation, suspension, cancellation, issuance of an Administrative
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City of Brooklyn Center 12-4 City Ordinance
Citation, or a formal complaint.
c. Transfer of Building Ownership. The new owner of a rental dwelling is
required to obtain a rental permit from the City in order to continue renting
the rental dwelling. When ownership of an affordable housing building is
transferred, the new owner is required to obtain a new rental license for the
property under this Section and comply with Section 12-912D. The new
owner shall include in its application for a new license the affidavit of
having provided notice to the tenants and, if required, having paid relocation
assistance in accordance with Section 12-912D. The new owner shall not
be eligible for a new rental license if it failed to provide the notice or failed
to pay, if required, relocation benefits in accordance with Section 12-912D.
d. Incomplete Applications or Process. If the license application is
incomplete, or the applicant does not meet the requirements of the
licensing process within 120 90 days of the submittal license approval
date, the application will be canceled and the applicant must reapply and
pay for a new license..
9. Condition of License. Licensees with three or more units must be current on the
payment of all utility fees, taxes, assessments, fines, penalties, or other financial
claims due to the City on the licensed property and any other rental real property in
the City owned by the license holder at all times. Licensees with less than three
units must be current on the payment of all utility fees, taxes, assessments, fines,
penalties, or other financial claims due to the City on the licensed property and any
other rental real property in the City owned by the license holder prior to issuance
or renewal of a license. In the event a suit has been commenced under Minnesota
Statutes, Section 278.01-278.03, questioning the amount or validity of taxes, the
City Council may on application waive strict compliance with this provision; no
waiver may be granted, however, for taxes or any portion thereof that remain unpaid
for a period exceeding one (1) year after becoming due.
Section 12-902. LICENSE FEES. License fees, as set forth by City Council resolution,
shall be due 90 days prior to the license expiration date; in the cases of new unlicensed dwellings,
license fees shall be due at the time of application.
1. Residential Rental Conversion Fee. When a residential single-family home or
single family attached property is converted to a rental property, the owner or
applicant shall pay a conversion fee as established by City Council resolution. The
rental conversion fee also applies to residential properties registered as vacant
properties.
2. License Fees, Delinquent Payments. A one-time delinquency penalty of 2550% of
the license fee for each day of operatingon without a valid license shall be charged
operators of rental dwellings. A delinquency penalty of 50% of the license fee for
late rental license renewals shall be charged operators of rental dwellings. Once
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City of Brooklyn Center 12-5 City Ordinance
issued, a license is nontransferable may be transferred pursuant to XXX and the
licensee shall not be entitled to a refund of any license fee. Upon revocation or
suspension or if the applicant withdraws an application, or in the case of an
incomplete application or process, or if an application is canceled, the fee is
nonrefundable.
3. Reinspection Fees. All reinspection fees are set by City Council resolution. If the
reinspection is being performed as part of the licensing process, fees must be paid
prior to the time of license issuance or renewal for the property, in the case of rental
housing and at the time of recertification of occupancy for nonresidential
properties. If a reinspection fee or any portion is not paid within 60 days after
billing, or within 60 days after any appeal becomes final, the City Council may
certify the unpaid cost against the property in accordance with the process set forth
in Section 19-105 of this Code.
4. Transfer Fee.
Section 12-903. OWNER OR AGENT TO APPLY. License application or renewal shall
be made by the owner of rental units or the owner’s legally constituted agent. Application forms
may be acquired from and subsequently filed with the Compliance Official. The applicant shall
supply:
1. First, middle (if any), and last name, address, date of birth, telephone number and
e-mail address of dwelling owner, owning partners if a partnership, corporate
officers if a corporation.
2. Name, address, telephone number, and e-mail address of designated local agent, if
any.
3. Name, address, and telephone number of vendee, if the dwelling is being sold
through a contract for deed.
4. Legal address of the dwelling.
5. Number of dwelling units within the dwelling.
6. Description of procedure through which tenant inquiries and complaints are to be
processed.
7. Status of utility fees, property taxes, and other assessments on the dwelling and
other rental real property in the city owned by the applicant.
8. The number of tenants.
9. The legal name of the designated local agent.
Formatted: No underline
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City of Brooklyn Center 12-6 City Ordinance
10. At least one 24-hour property contact information for an available property owner,
local agent, or other designated responsible agent.
11. Any other information as requested by the City.
Every person holding an operating license shall give notice in writing to the Compliance
Official within ten business days after any change of this information. Depending on the
nature of changes, the City may require a new property inspection. Notice of transfer of
ownership shall be as described in Section 12-908.
Section 12-904. LOCAL AGENT REQUIRED.
1. Local Agent. No operating license shall be issued or renewed for a nonresident
owner of rental dwelling units (one who does not reside in any of the following
Minnesota counties: Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, or
Washington) unless such owner designates in writing to the Compliance Official
the name of the owner’s local agent (one who does reside in any of the following
Minnesota counties: Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, or
Washington) who is responsible for maintenance and upkeep and who is legally
constituted and empowered to receive service of notice of violation of the
provisions of the City Code of Ordinances, to receive orders and to institute
remedial action to effect such orders and to accept all service or process pursuant
to law. The Compliance Official shall be notified in writing of any change of
resident agent.
2. Responsibility for Acts of Manager, Operator, or Local Agent. Licensees are
responsible for the acts or omissions of their managers, operators, local agent, or
other authorized representative.
Section 12-905. CONFORMANCE TO LAWS. No operating license shall be issued or
renewed unless the rental dwelling and its premises conform to the Code of Ordinances of
Brooklyn Center and the laws of the State of Minnesota.
Section 12-906. LICENSE INSPECTION REQUIRED. No operating license shall be
issued or renewed unless the owner of rental units agrees in his application to permit inspections
pursuant to Section 12-1001. Licensed rental dwellings are subject to the Compliance Official’s
right to inspect the rental dwelling and dwelling units to determine whether they are in compliance
with the code and state law. The Compliance Official will provide reasonable notice to the owner
or operator of the date and time of the inspection.
Section 12-907. POSTING OF LICENSE. Every licensee of a rental dwelling with more
than four units shall conspicuously post the current license certificate in the main entryway or other
conspicuous location. For rental dwellings of four or fewer units, the licensee must provide a copy
of the license certificate to each tenant by attaching a copy to the tenant’s copy of the executed
lease agreement.
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City of Brooklyn Center 12-7 City Ordinance
Section 12-908. Rental licenses may be transferred if the license is within 6-months of
issuance and have passed the rental license inspection. The rental license may be transferred upon
completion of a license transfer application and payment of the license transfer fee. LICENSE
NOT TRANSFERABLE. No operating license shall be transferable to another person or to
another rental dwelling. Every person holding an operating license shall give notice in writing to
the Compliance Official within ten (10) business days after having legally transferred or otherwise
disposed of the legal control of any licensed rental dwelling. Such notice shall include the name
and address of the person succeeding to the ownership or control of such rental dwelling or
dwellings.
Section 12-909. OCCUPANCY REGISTER REQUIRED.
1. Every owner of a licensed rental dwelling shall keep, or cause to be kept, a current
register of occupancy for each dwelling unit that provides the following
information:
a. Dwelling unit address.
b. Number of bedrooms in dwelling unit and the maximum number of
occupants.
c. Legal names and date of birth of adult occupants and number of adults and
children (under 18 years of age) currently occupying the dwelling units.
d. Dates renters occupied and vacated dwelling units.
e. A chronological list of complaints and requests for repair by dwelling unit
occupants, which complaints and requests are related to the provisions of
this Code of Ordinances.
f. A similar chronological list of all corrections made in response to such
requests and complaints.
Such register shall be made available for viewing or copying by the Compliance
Official at all reasonable times.
2. All nonresidential properties (commercial, industrial, and similar) shall keep, or
cause to be kept, a current register of occupancy for each building that provides the
following:
a. Building address.
b. List of all tenants occupying building.
c. Nature of business conducted by each tenant in building.
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City of Brooklyn Center 12-8 City Ordinance
d. Contact person for each tenant.
e. Gross floor area leased by each tenant.
Such register shall be made available for viewing or copying by the Compliance
Official at all reasonable times.
Section 12-910. LICENSE SUSPENSION, REVOCATION, DENIAL AND NON-
RENEWAL.
1. Applicability. Every license issued under the provisions of this Chapter is subject
to suspension or revocation by the City Council.
2. Unoccupied or Vacated Rental Units. In the event that a license is suspended,
revoked, or not renewed by the City Council, it shall be unlawful for the owner or
the owner’s duly authorized agent to thereafter permit any new occupancies of
vacant or thereafter vacated rental units until such time as a valid license may be
restored by the City Council.
3. Grounds for License Action. The Council may revoke, suspend, or decline to renew
any license issued under this Chapter upon any of the following grounds:
a. false statements, misrepresentations, or fraudulent statements on any
application or other information or report required by this Chapter to be given
by the applicant or licensee.
b. failure to pay any application fee, fine or penalty, reinspection fees,
reinstatement fee, special assessments, real estate taxes, or other financial
claims due to the City as required by this Chapter and City Council
resolution.
c. failure to continuously comply with any property maintenance, zoning,
health, building, nuisance, or other City Codes; or failure to correct
deficiencies noted in Compliance Notices in the time specified in the notice.
d. failure to comply with the provisions of an approved mitigation plan or not
submitting an action plan as required.
e. failure to qualify for the type of license held or applied for.
f. excessive police calls for service in accordance with criteria determined by
the City Manager and approved by the City Council as City policy, based
on the number and nature of the calls when, after owner notification, the
owner has failed to supply an appropriate written action plan to reduce the
police calls for service
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City of Brooklyn Center 12-9 City Ordinance
g. failure to actively pursue the eviction of tenants who have violated the
provision of this Chapter or Crime Free Lease Addendum or have otherwise
created a public nuisance in violation of City, state, or applicable laws.
h. the failure to eliminate imminent health and life safety hazards as
determined by the City, or its authorized representatives.
i. conviction of any crime related to the business or entity licensed and failure
to show by competent evidence the rehabilitation and ability to perform the
duties of the business.
j. the abandonment of the property by the property owner as determined by
the inability to make contact with the owner or his/her manager or local
agent due to inaccurate or invalid contact information.
k. failure to operate or maintain the licensed premises in conformity with all
applicable state and local laws and Ordinances.
4. License Action Sections. Revocation, suspension, and non-renewal may be
brought under either this Section or Section 12-911, or both. Each section
provides an independent basis on which to take a license action and only the
procedures required of the particular Section being relied upon must be followed
to pursue the action.
5. Notification, Hearing, and Decision Basis.
a. Written Notice, Hearing. A decision to revoke, suspend, deny, or not renew
a license shall be preceded by written notice to the applicant or licensee of
the alleged grounds therefor and the applicant or licensee will be given an
opportunity for a hearing before the City Council before final action to
revoke, suspend, deny, or not renew a license.
b. Decision Basis. The Council shall give due regard to the frequency and
seriousness of violations, the ease with which such violations could have
been cured or avoided and good faith efforts to comply and shall issue a
decision to deny, not renew, suspend or revoke a license only upon written
findings.
6. Affected Facility. The Council may suspend or revoke a license or not renew a
license for part or all of a facility.
7. License Actions, Reapplication.
a. Suspension. Licenses may be suspended for up to ninety (90) days and may,
after the period of suspension, be reinstated subject to compliance with this
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City of Brooklyn Center 12-10 City Ordinance
Chapter and any conditions imposed by the City Council at the time of
suspension.
b. Revocation, Denial, Nonrenewal. Licenses that are revoked will not be
reinstated until the owner has applied for and secured a new license and
complied with all conditions imposed at the time of revocation. Upon a
decision to revoke, deny or not renew a license, no approval of any
application for a new license for the same facility will be effective until after
the period of time specified in the Council’s written decision, which shall
not exceed one year. The Council shall specify in its written decision the
date when an application for a new license will be accepted for processing.
A decision not to renew a license may take the form of a suspension or
revocation. A decision to deny an initial application for a new facility will
not take the form of a suspension or revocation unless false statements have
been made by the applicant in connection with the application. A decision
to deny an initial application shall state conditions of reapplication.
c. Reinstatement Fees. All new applications must be accompanied by a
reinstatement fee, as specified by Council resolution, in addition to all other
fees required by this Chapter.
8. Written Decision, Compliance. A written decision to revoke, suspend, deny, or not
renew a license or application shall specify the part or parts of the facility to which
it applies. Thereafter, and until a license is reissued or reinstated, no rental units
becoming vacant in such part or parts of the facility may be re-let or occupied.
Revocation, suspension or non-renewal of a license shall not excuse the owner from
compliance with all terms of state laws and Codes and this Code of Ordinances for
as long as any units in the facility are occupied. Failure to comply with all terms
of this Chapter during the term of revocation, suspension 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 or
non-renewal specified in the City Council’s written decision or in paragraph 6 of
this Section.
9. New Licenses Prohibited. A person who has a rental license revoked may not
receive a rental license for another property within the City for a period of one year
from the date of revocation. The person may continue to operate other currently
licensed rental properties if the properties are maintained in compliance with City
Codes and other applicable regulations.
Section 12-911. CONDUCT ON LICENSED PREMISES.
1. Conduct, Disorderly Activities, Nuisances Defined. It shall be the responsibility of
the licensee to see that persons occupying the licensed premises conduct themselves
in such a manner as not to cause the premises to be disorderly. For purposes of this
Page 19 of 45
City of Brooklyn Center 12-11 City Ordinance
Chapter, disorderly activities are considered nuisances and defined as follows:
a. Noise – cats/dogs City Code Section 1-110; horns/radios – City Code
Sections 19-1201, 1202, and 1203
b. Violation of City Code Section 19-1121 (Unlawful Possession, Delivery, or
Purchase) or violation of laws relating to the possession of controlled
substances as defined in Minnesota Statutes, Section 152.01, Subdivision 4,
and drug paraphernalia as defined in Minnesota Statutes, Section 152.092.
c. Public disturbance – City Code Section 19-202.
d. The unlawful sale of intoxicating liquor or 3.2 percent malt liquor.
e. Violation of laws relating to gambling.
f. Violation of laws relating to prostitution as defined in Minnesota Statutes,
Section 609.321, Subdivision 9, or acts relating to prostitution.
g. Unlawful use or possession of a weapon. Violation of Minnesota Statutes,
Sections 609.66, Subdivision 1a; 609.67; 609.02, Subdivision 6; or
624.713; and City Code Section 19-402.
h. Loud parties/persons – City Code Section 19-1201.
i. Fights – City Code Section 19-203.
j. Allowing curfew/status offenses/underage drinking – City Code Sections
19-301 and 19-304.
k. Disorderly conduct (Minnesota Statutes, Section 609.72).
l. Property damage – City Code Section 19-211.
m. Assaults 5th degree non-domestic – City Code Section 19-204.
n. Interference with a peace officer (Minnesota Statutes, Section 609.50).
o. Unlawful assembly (Minnesota Statutes, Section 609.705) – City Code
Section 19-1105.
p. Presence at unlawful assembly (Minnesota Statutes, Section 609.175).
q. Terrorist threats (Minnesota Statutes, Section 609.713).
r. Loitering – City Code Section 19-201.
Page 20 of 45
City of Brooklyn Center 12-12 City Ordinance
2. Violations, Actions. Upon determination by the City Manager or the Manager’s
authorized designee that a licensed premises was used in a disorderly manner, as
described in paragraph 1, the City Manager shall take the following actions:
a. For a first instance of disorderly use of licensed premise a notice shall be
provided to the licensee of the violation directing the licensee to take steps
to prevent further violations.
b. If a second instance of disorderly use of the licensed premises occurs within
a twelve (12) month time period for the same tenancy, the City Manager or
the Manager’s authorized designee shall notify the licensee of the violation
and require the licensee to submit a written report of the actions taken, and
proposed actions to be taken by the licensee to prevent further disorderly
use of the premises. The licensee shall submit a written report to the City
Manager or the Manager’s authorized designee within five (5) days of
receipt of the notice of disorderly use of the premises and shall detail all
actions taken by the licensee in response to all notices of disorderly use of
the premises.
c. If a third instance of disorderly use of the licensed premises occurs within a
twelve (12) month time period from the first disorderly violation for the
same tenancy, the rental dwelling license for the premises may be denied,
revoked, suspended, or not renewed. An action to deny, revoke, suspend,
or not renew a license under this Section shall be initiated by the City
Manager or the Manager’s authorized designee who shall give the licensee
written notice of a hearing before the City Council to consider such denial,
revocation suspension, or nonrenewal. The written notice shall specify all
violations of this Section, and shall state the date, time, place, and purpose
of the hearing.
3. Hearing. The hearing shall be held no less than ten (10) days and no more than
forty-five (45) days after giving such notice.
Following the hearing, the Council may deny, revoke, suspend, or decline to renew
the license for all or any part or parts of the licensed premises, or may grant a license
upon such terms and conditions as it deems necessary to accomplish the purposes
of this Section.
4. Eviction Actions. No adverse license action shall be imposed where the instance
of disorderly use of the licensed premises occurred during the pendency of eviction
proceedings (unlawful detainer) or within thirty (30) days of notice given by the
licensee to a tenant to vacate the premises where the disorderly use was related to
conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction
Formatted: Indent: Left: 0.5", Hanging: 0.5"
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Formatted: Indent: Left: 0.5", Hanging: 0.5"
Page 21 of 45
City of Brooklyn Center 12-13 City Ordinance
proceedings shall not be a bar to adverse license action, however, unless they are
diligently pursued by the licensee. 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 it appears that the licensee has taken appropriate
measures which will prevent further instances of disorderly use.
5. Determining Disorderly Conduct. A determination that the licensed premises have
been used in a disorderly manner as described in paragraph 1 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 use,
nor shall the fact of dismissal or acquittal of such a criminal charge operate as a bar
to adverse license action under this Section.
6. Notices. All notices given by the City under this Section shall be personally served
on the licensee, sent by First Class mail to the licensee's last known address or, if
neither method of service effects notice, by posting on a conspicuous place on the
licensed premises.
7. 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, guests,
or the licensed premises as is authorized by this Code or state law.
Section 12-912A. NO RETALIATION. No licensee shall evict, threaten to evict, or take
any other punitive action against any tenant by reason of good faith calls made by such tenant to
law enforcement agencies relating to criminal activity, suspected criminal activity, suspicious
occurrences, or public safety concerns. This Section shall not prohibit the eviction of tenants from
a dwelling unit for unlawful conduct of a tenant or invitee or violation of any rules, regulations, or
lease terms other than a prohibition against contacting law enforcement agencies.
[PROVISIONS REMOVED FOR EASE OF READING]
Section 12-913. TYPE IV PROVISIONAL LICENSES.
1. Eligibility. Rental properties that meet the provisional licensing criteria as described
in Section 12-901 are eligible only for provisional licenses.
2. Monthly Report. The City will provide by mail to each licensee a monthly report of
any police and fire calls and incidents and applicable property Code violations as
described in Section 12-901.
3. Mitigation Plan. The applicant for a provisional license must submit for
Compliance Official review and approval a mitigation plan for the license period.
The mitigation plan shall describe steps proposed by the applicant to reduce the
number of police and fire calls and/or the property Code issues described in Section
12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The
mitigation plan may include such steps as changes in tenant screening procedures,
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Page 22 of 45
City of Brooklyn Center 12-14 City Ordinance
changes in lease terms, security measures, rules and regulations for tenant conduct,
security personnel, and time frame to implement all phases of the Crime Free
Housing Program. The Compliance Official may require modifications to the
proposed mitigation plan to ensure if effectively addresses the issues that resulted
in the applicant not being eligible for a different type of license. An applicant may
appeal the Compliance Official’s decision regarding the mitigation plan by filing a
written appeal within 10 days of the date of the decision. The appeal must state the
reasons for the appeal, the alleged error, and the relief being sought from the appeal.
4. Council Consideration. The Council shall act on whether to approve the
application. Approval of the license shall be conditioned on compliance with the
mitigation plan as approved by the Compliance Official. If the applicant filed a
timely appeal of the Compliance Official’s decision regarding the mitigation plan,
the Council shall hear the appeal and may uphold, overturn, or amend the
Compliance Official’s decision.
5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation
plan as approved or as modified by the Council as a result of an appeal. Failure to
implement and comply with the mitigation plan shall constitute sufficient grounds
for a license action under Section 12-910.
Section 12-914. CRIME FREE HOUSING PROGRAM. For the purpose of this Chapter,
the Crime Free Housing Program shall mean the nationally recognized program, unless otherwise
indicated. The phases of the program include, but are not limited to, the conditions set forth
below.
1. Phase I. For license categories other than Type I, an owner, manager, or local agent
responsible for the operation of the rental property must complete the Phase I
training of the Crime Free Housing Program or a similar course approved by the
City Manager. Certification as a rental property manager may also satisfy this
requirement. Phase I includes the following:
a. Attend an eight-hour crime-free housing course presented by police, fire,
public housing and others.
b. Use a written lease including the Minnesota Crime Free Housing Lease
Addendum.
c. Check the criminal background of all prospective tenants and, upon request,
provide a copy of Third Party Background Check procedures for Tenants.
d. Actively pursue the eviction of tenants who violate the terms of the lease
and/or the Crime Free Lease Addendum.
2. Phase II. Includes Phase I plus the following:
a. Complete a Security Assessment and complete the security improvements
Page 23 of 45
City of Brooklyn Center 12-15 City Ordinance
recommended. This phase will certify that the rental property has met the
security requirements for the tenant’s safety.
3. Phase III. Includes Phases I and II plus the following:
a. For properties with more than four units, conduct resident training annually
for the residents where crime watch and crime prevention techniques are
discussed.
b. For properties with more than four units, hold regular resident meetings.
c. For a property that has received consecutive Type IV rental licenses, the
applicant, owner, or local agent is required to schedule and attend an
inspection consultation at the property.
Page 24 of 45
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