HomeMy WebLinkAbout2026-02 CCOCity of Brooklyn Center 12-1 City Ordinance
BR291-16-1080393.v5
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 26 day of May, 2026, at 7:00
p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway,
to consider an ordinance amending Chapter 12, Sections 12-901-902, 12-906, 12-908-12-910,
12-911-916, and Section 12-1504(4)(b) of the Brooklyn Center Code of Ordinances regarding
Rental Licensing and Vacant Property Exceptions within the City of Brooklyn Center.
Auxiliary aid for handicapped persons are available upon request at least 96 hours in advance.
Please contact the City Clerk at 763-569-3300 to make arrangements.
ORDINANCE NO. 2026-02
AN ORDINANCE AMENDING CHAPTER 12 OF THE CITY OF BROOKLYN CENTER
REGARDING RENTAL LICENSING
The City Council of the City of Brooklyn Center does ordain as follows:
Article 1. Brooklyn Center City Code, Chapter 12, Sections 12-901and 12-902 are amended as
follows:
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-
months6 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:
City of Brooklyn Center 12-2 City Ordinance
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.
12)Rented rooms within an owner-occupied dwelling unit (no more
than two sleeping rooms) who utilizes the unit as their primary
residence. An owner must provide proof of residency by submitting
a notarized affidavit to the City. (See Chapter 35, Section 35-4103.)
23)A residential property owned by a “snowbird” an individual or
individuals where the property is rented to or occupied by 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. This
circumstance shall be referred to as “Seasonal Leave.” “Seasonal
Leave” 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.”
3)As defined in Chapter 35, Section 35-9200 of this code, Accessory
Dwelling Units (ADU) shall not require a rental license and shall
comply with Section 35-4403.
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
City of Brooklyn Center 12-3 City Ordinance
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.
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
City of Brooklyn Center 12-4 City Ordinance
Codes as determined through inspections and investigations.
58.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
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 of Brooklyn Center 12-5 City Ordinance
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 AND PENALTIES. 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 Penalties. Operating without a rental license
is subject to a delinquency penalty pursuant to the fee schedule adopted by the City
Council. Late payment of a rental license fee or rental license renewal is subject to
a delinquency penalty pursuant to the fee schedule adopted by the City Council.
Once issued, a license may be transferred pursuant to Section 12-901(1)(c) and the
licensee shall not be entitled to a refund of any license fee. Upon revocation, or
suspension, or if the application nt withdrawal,s an application, or in the case of an
incomplete application or application process, or or if an application is canceled
application cancellation, the fee is nonrefundable. A 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 issued, a license is nontransferable may be transferred 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. Rental License Transfer Fees are subject to the fee schedule adopted
by the City Council.
Article 2. Brooklyn Center City Code, Chapter 12, Section 12-906 is amended as follows:
City of Brooklyn Center 12-6 City Ordinance
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.
Article 3. Brooklyn Center City Code, Chapter 12, Sections 12-908-12-910 are amended as
follows:
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 12-9089. 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.
City of Brooklyn Center 12-7 City Ordinance
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.
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 12-90910. 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,
City of Brooklyn Center 12-8 City Ordinance
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
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
City of Brooklyn Center 12-9 City Ordinance
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
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
City of Brooklyn Center 12-10 City Ordinance
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.
Article 4. Brooklyn Center City Code, Chapter 12, Sections 12-911-916 are amended renumbered
as follows:
Section 12-9101. CONDUCT ON LICENSED PREMISES.
Section 12-9112A. NO RETALIATION.
Section 12-912AB. FALSELY REPORTING VIOLATIONS.
Section 12-912BC. TENANT RESPONSIBILITIES.
Section 12-912CD. TENANT PROTECTIONS.
Section 12-912D3. TYPE IV PROVISIONAL LICENSES.
Section 12-9134. CRIME FREE HOUSING PROGRAM.
Section 12-9145. CRIME FREE/DRUG FREE HOUSING LEASE ADDENDUM
REQUIREMENTS.
Section 12-9156. TENANT BACKGROUND CHECKS.
Article 5. Brooklyn Center City Code, Chapter 12, Section 12-1504(4)(b) is amended as follows:
Section 12-1504. VACANT BUILDING REGISTRATION.
4. Exemptions.
a.Fire Damage. A building that has suffered fire damage is exempt from the
registration requirement for a period of ninety (90) days after the date of the fire if
the owner submits a request for exemption in writing to the Compliance Official.
A request for exemption must be approved by the Code official and include the
following information supplied by the owner:
City of Brooklyn Center 12-11 City Ordinance
i. A description of the premises;
ii.The name and address of owner or owners;
iii.A statement of intent to repair and reoccupy the building in an expeditious
manner and the time frame for completion;
iv.Actions the owner will take to ensure the property does not become a
nuisance for the neighborhood.
b. “Snowbirds.” Those persons who leave their residential buildings on a
temporary basis for vacation purposes or to reside elsewhere during the winter
season and have the intent to return are exempt from the registration
requirement. Exemption as a “snowbird” will be granted with proper
verification. “Seasonal Leave.” 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.”
Article 6.. This ordinance shall take effect and be in force after its passage and publication in
accordance with Section 3.09 of the City Charter and applicable State law.
Passed and adopted this 13 day of April, 2026, by the City Council of the City of Brooklyn Center
Date Teneshia Kragness, Mayor Pro Tem
ATTEST: ____________________
Shannon Pettit, City Clerk
First Reading: April 13, 2026
Second Reading: May 26, 2026
April 13, 2026
City of Brooklyn Center 12-12 City Ordinance