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HomeMy WebLinkAbout2004-19 09-13 CCOCITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 13th day of September 2004 at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Section 1 -104 of the City Code Relating to the Licensing of Commercial Kennels; Amending Sections 12 -901 and 12 -903 of the City Code Relating to the Licensing of Rental Housing; Adding Section 23- 006.05 to the City Code and Amending Sections 23 -610, 23 -661, 23 -1204, and 23 -2309 of the City Code Relating to General Business Licensing and the Payment of Property Taxes; Repealing Sections 23 -1001 Through 23 -1008 of the City Code Relating to the Licensing of Coin Operated and Self Service Dry Cleaning Machines. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. 2004 -19 AN ORDINANCE AMENDING SECTION 1 -104 OF THE CITY CODE RELATING TO THE LICENSING OF COMMERCIAL KENNELS; AMENDING SECTIONS 12 -901 AND 12 -903 OF THE CITY CODE RELATING TO THE LICENSING OF RENTAL HOUSING; ADDING SECTION 23- 006.05 TO THE CITY CODE AND AMENDING SECTIONS 23- 610, 23 -661, 23 -1204, AND 23 -2309 OF THE CITY CODE RELATING TO GENERAL LICENSING REGULATIONS AND THE PAYMENT OF PROPERTY TAXES; REPEALING SECTIONS 23 -1001 THROUGH 23 -1008 OF THE CITY CODE RELATING TO THE LICENSING OF COIN OPERATED AND SELF SERVICE DRY CLEANING MACHINES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 1 -104 of the Brooklyn Center City Code relating to the licensing of commercial kennels is amended to read: Section 1 -104. APPLICATION PROCEDURES AND ISSUANCE OF LICENSES. Applications for all licenses required by this ordinance shall be made to the City Clerk. 1. Application for Commercial Kennel License. a. Initial application for a commercial kennel license shall be made to the City Clerk. The application shall state the name and address of the applicant, the property address or legal description of the proposed kennel location, a sketch or drawing of the proposed kennel describing construction, operation, and the approximate number of animals to be confined therein, together with their age, breed, and sex, and together with the applicable license fee. ORDINANCE NO. 2004 -19 b. Hearing Required. A commercial kennel license application shall be referred to the Public Health Sanitarian who shall review the kennel design and operation and make a recommendation to the City Council on the adequacy thereof. Applications for commercial kennel license shall be placed on the agenda of the City Council for a public hearing at the regular City Council meeting next following 14 days after the application is received. Not less than seven (7) days before the date of the public hearing, the City Clerk shall mail notice of the hearing to the applicant and to the owners of property within 150 feet of the proposed kennel location. The failure of any owner to receive such notice shall not invalidate the proceedings. c. Council Approval. The City Council may approve the commercial kennel license and may attach to such approval any conditions necessary to insure compliance with this ordinance, with Chapter 19 of City Ordinances, and any other condition necessary to protect the health, safety, welfare, and property values in the immediate area. The City Council may deny a commercial kennel license upon finding that the establishment of the kennel would constitute a public nuisance, or would adversely affect the health, safety, welfare or property values of the person residing, living, or owning property within the immediate area. The form of approval for a license shall be the resolution of approval, a certified copy of which shall be forwarded to the applicant. d. Renewal of License. A copy of the commercial kennel license shall be forwarded to the City Clerk who shall maintain a register of kennel licenses. Subject to any time limitation set by the City Council, the license shall be valid for a period of one year and until October 1 of the then current calendar year and shall be renewable on October 1 of each year thereafter by the City Clerk upon payment of a renewal license fee set forth by City Council resolution, only in the event no complaint regarding the kennel's operation has been received during the license year. In the event that no revocation of the license is made or contemplated by the City Council, the license shall be renewable as set forth in this subdivision. e. License Revocation. In the event a complaint has been received by City officials, a report thereof shall be made to the City Council by the City Clerk and the City Council may direct the applicant to appear to show cause why the license should not be revoked. A license may be revoked for violation of this ordinance, Chapter 19 of the Brooklyn Center Ordinances, or any condition imposed at the time of issuance. f. Condition of License. No license shall be granted or renewed for operation on any property on which taxes, assessments, or other financial claims of the state, county, school district, or city are due, delinquent, or unpaid. 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, ORDINANCE NO. 2004 -19 read: for taxes or any portion thereof which remain unpaid for a period exceeding one (1) year after becoming due. Section 2. Section 12 -901 of the Brooklyn Center City Code is amended to Section 12 -901. LICENSING OF RENTAL UNITS. 1. License Required. No person shall operate a rental dwelling without first having obtained a license to do so from the City of Brooklyn Center as hereinafter provided. There shall be two types of licenses: regular and provisional. Provisional licenses are defined in Section 12- 913. 2. License Term. Regular licenses will be issued for a period of two years. Provisional licenses will be issued for a period of six months. All licenses, regular and provisional, will be reviewed every six months after the beginning of the license term to determine the license status. 3. License renewal. License renewals shall be filed at least 90 days prior to 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. No application for an initial or renewal license shall be submitted to the city council until the Compliance official has determined that all life, health safety violations or discrepancies have been corrected. 4. Condition of License. Prior to issuance or renewal of a license and at all times during the license term, a license holder must be current on the payment of all utility fees, taxes, and assessments due on the licensed property and any other rental real property in the city owned by the license holder. 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 which remain unpaid for a period exceeding one (1) Year after becoming due. read: Section 3. Section 12 -903 of the Brooklyn Center City Code is amended to Section 12 -903. OWNER OR AGENT TO APPLY. License application or renewal shall be made by the owner of rental units or his 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, and telephone number of dwelling owner, owning partners if a partnership, corporate officers if a corporation. 2. Name, address, and telephone number of designated resident agent, if any. 3. Name, address, and telephone number of vendee, if the dwelling is being sold through a contract for deed. ORDINANCE NO. 2004 -19 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. Every person holding an operating license shall give notice in writing to the compliance official within five business days after any change of this information. Notice of transfer of ownership shall be as described in Section 12 -908. Section 4. The Brooklyn Center City Code is amended by adding a new Section 23- 006.05 relating to general business licensing and the payment of property taxes. Section 23- 006.05 PAYMENT OF PROPERTY TAXES REQUIRED. No license shall be granted or renewed for tobacco related products; bowling alleys; public dancing; filling stations; pawnbrokers; secondhand goods dealers; motor vehicle dealerships; saunas and sauna baths; massage parlors; rap parlors, conversation parlors, adult encounter groups, adult sensitivity groups, escort services, model services, dancing services, or hostess services; amusement devices; or tattoo and body piercing establishments for operation on any property on which taxes, assessments, or other financial claims of the state, county, school district, or city are due, delinquent, or unpaid. 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 which remain unpaid for a period exceeding one (1) year after becoming due. Section 5. Section 23 -610 of the Brooklyn Center City Code relating to the licensing of pawnbrokers is amended to read: Section 23 -610. PLACES INELIGIBLE FOR LICENSES. A license will not be issued or renewed under this section for any place or for any business: 'essrnet is r other }i the City or tl e State seta c r the licensee's -busin .ss premise are delinquent and unpaid:] a. If the premise is located within 300 feet of, or in the same building as, or on the same legally subdivided lot, piece, or parcel of land as any of the following uses: a school, day care center, church, hospital, on -sale liquor establishment, halfway house, currency exchange operation, theater, residence, secondhand goods dealer, tattoo establishment, body piercing establishment, massage parlor, sauna, or another pawnshop; provided however, that a pawnshop and a secondhand ORDINANCE NO. 2004 -19 goods dealer may occupy a single licensed premises in common if both activities are licensed for that premises; b. [e:,] Where operation of a licensed premise would violate zoning ordinances; c. [d.] Where the applicant's present license was issued conditioned upon the applicant making specified improvements to the licensed premise or the property of the licensed premise which improvements have not been completed or; d. [e. Established as a pawnshop after April 2, 1996, which is within ten (10) driving miles of any gambling casino. Section 6. Section 23 -661 of the Brooklyn Center City Code relating to the licensing of secondhand goods dealers is amended to read: Section 23 -661. PLACES INELIGIBLE FOR LICENSES. A license will not be issued or renewed under this section for any place or for any business: [a. ssinents of other ii rncial c tiac ii see`, Isiess t °is nos tit` f t ;ity Of the de(i.nquet t and unpaid b. Where operation of a licensed premise would violate zoning ordinances; or `state of a. [hh.] Within 300 feet of, or in the same building as, or on the same legally subdivided lot piece, or parcel of land as any of the following uses: a school or day care center if the secondhand goods dealer will receive firearms or if located within 300 feet of a pawnshop, tattoo establishment, currency exchange operation, massage parlor, body piercing establishment, sauna, or another secondhand goods dealer; provided however, that a pawnshop and a secondhand goods dealer may occupy a single licensed premises in common if both activities are licensed for that premises; c. [di Where the applicant's present license was issued conditioned upon the applicant making specified improvements to the licensed premise or the property of the licensed premise which improvements have not been completed. Section 7. Section 23 -1204 of the Brooklyn Center City Code relating to the licensing of motor vehicle dealerships is amended to read: Section 23 -1204. CONDITIONS IN, OF AND FOR MOTOR VEHICLE DEALER LICENSES. No motor vehicle dealer's license shall be issued except under the following conditions: ORDINANCE NO. 2004 -19 a. No Class A motor vehicle dealer license shall be issued to any person who does not possess and operate under a new car franchise or contract in and for the City of Brooklyn Center, except that such license may be issued to any person not operating under such new car franchise if such licensee operates and maintains in Brooklyn Center an enclosed garage, showroom or other car display or rental structure on the land, which structure shall have a true and full City Assessor's value equal to at least twice the true and full value of land used by such licensee in the sale of new and used cars. b. Every Class A licensee shall provide, operate and maintain in the City of Brooklyn Center at least one equipped and manned repair shop or facility capable of repairing the motors, engines, brakes, lights, tires, electrical and other operating equipment of any motor vehicle sold by such dealer. c. No motor vehicle dealer license of any class shall be issued for any place or business 1o:n. which[ any taxes are delinquent on the reed ds of the office of the Hennepin County .Audit :e orl which is not zoned therefore. d. Each licensee shall provide sufficient parking space on licensee's premises for all motor vehicles repaired or processed by such licensee. e. The applicant for any license required under this ordinance shall file an application for plan approval with the Secretary of the Brooklyn Center Planning Commission. Such application shall be accompanied by a detailed map, plat or drawing of the place of business for which such license is to be issued showing among other information, the address, location and dimensions thereof; the location, type and dimensions of any building, fence, and lighting equipment thereon; the intended plan of all vehicle parking, the location and dimensions of processed car storage space; all curb openings; all driveways and alleyways therein and thereon; and a certificate by the City Engineer approving the drainage and paving on such place of business. Unless changes are thereafter made, the same plan or map and other information need not be resubmitted for any renewal. f. The payment of the fees hereinafter set forth. g. The approval and filing of the bond as hereinafter set forth for Class A licenses. h. The obedience to all of the other conditions and provisions, governing such business or operation set forth in this ordinance, other ordinances of Brooklyn Center, and the laws of the State of Minnesota. Section 8. Section 23 -2309 of the Brooklyn Center City Code relating to the licensing of tattoo and body piercing establishments is amended to read: ORDINANCE NO. 2004 -19 Section 23 -2309. PLACES INELIGIBLE FOR LICENSE [a ATTEST: No lice f.S s:l 'ill. be :ranted. or renewed fbr operat::io >n an operty on which. Li.xes, assessments ts r fiiinanu l claims of' the ;tale, county., I district; or city c; du_ delinquent, or urrp lid. 1 tlr e. Grit a s it i s s been e°oinflict ce l under Minnesota esota Statutes, Section 278.01-27 .(3:) questions the atrt writ t G ficiit :if taYC 's, th.c City C:`ou.n.cil may on. application waive strict compliance rvitl tbi l r< isit ta. no waiver e' granted. howev=er, t:or Mixes or an p rt1 tl e ec�l. -hicl reo ain unpaid for 'a. period execed.ing one (1 ea.:° a 1 r becotnin 2 due.] a. [b.] No license shall be granted or renewed if the property is not properly zoned or does not qualify as a legal nonconforming use for tattooing and/or body piercing establishments. b. [e.] Premises Licensed For Alcoholic Beverages. No license shall be granted or renewed if the premises is licensed for the furnishing of alcoholic beverages or is an adult establishment pursuant to Section 35 -2182. c. [d,] No license shall be granted if the premises is within 300 feet of, or in the same building as, or on the same legally subdivided lot, piece, or parcel of land as any of the following uses: a church, school, day care center, hospital, on -sale liquor establishment, halfway house, currency exchange operation, theater, residence, pawnshop, secondhand goods dealer, massage parlor, sauna, or another tattoo or body piercing establishment. Section 9. Sections 23 -1001 through 23 -1008 of the City Code relating to coin operated and self service dry cleaning machines are hereby repealed. Section 10 This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this 13 day of September, 2004. City Clerk Date of Publication: September 23, 2004 Effective Date: October 23, 2004 (Brackets indicate matter to be deleted, underline indicates new matter.)