HomeMy WebLinkAbout2003-10 09-04 APSTATE OF MINNESOTA)
Not ry Public
SS.
Subscribed nd sworn to ,•r affirme before me
this day of 2003.
MERIDEL M. HEDBLOM
NOTARY PUBLIC MINNESOTA
MY COMMISSION EXPIRES 1.31.2005
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AFFIDAVIT OF PUBLICATION
COUNTY OF HENNEPIN)
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Financial Officer of the newspaper known as Sun -Post and has full
knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable
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(B) The printed public notice that is attached was published in the newspaper once each week,
for one successive weeks; it was first published on Thursday, the 4 day of
September 2003, and was thereafter printed and published on every Thursday to and
including Thursday, the day of 2003; and printed below is a copy of the
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Sect ion 12 1 i rvANT BACK GROUND C
1 All licenne s wi conduct riminal background chec s
on all nrosoectiv tenants The crimin ibackgi•ou`d cl kk
must include the following:
(al A statewide( innesota) criminal ist ry the k of all
prospective t Hants covering-at least the last thre years
the.heck must. be don "m person" or by utilizing the most
recent update a the state cam' final hist f les
(bl A ate '(L.1_1 criminal histor7 cheQk fro a ospec
mu' edir 1 om .revi.us to
their previous states of residence covering.the last three
years if thevhave not resided' Minne ota for h e years
or longer;
must be conducted in all seven counties in the metro Twin
ve tl t :_t
tions
2. This ordinance shall become effective after adoption and
upon thirty (30) days following its legal publication.
Adopted this 25th day of 2003.
Mayor Myrna Kragness
ATTEST: City Clerk Sharon Knutson
Date of Publication: September 4, 2003
Effective Date: October 4, 2003
(Underline indicates new matter; brackets indicate mat
ter to be deleted.)
(Sept 4, 2003)P1/Ord 2003 -10
City of`ook Center
(Official Publ
CITY OF BROOKLYN CENTER
NOTICE OF ORDINANCE ADOP17
ORDINANCE Na 2°°3.10
AN ORDINANCE PERTAININ TO TI LI ENS.
ING OF RENTAL KLYN C UNITS ENTER IN T HE CITY OF
THE CITY COUNCIL OF THE C1T 'Y O BROOKLYN
BROO
CENTER DOES ORDAIN AS FOLLOW
Section 1. Chapter 12 is hereby' am en
ded to add new sec-
tion 12-900 as follows:
Section 12- 900. Pi)RPO4E, jt is the purpose of this sec
tionto assure that rental bourne i+tthe ci is decent. .safe
and sanjt ra'and i s so oia?rate and ma i ced as not'to
become a nuisance tatheneighbnrhood or tobecome an in
parts of the facility to which it applies, Thereafter, and
until a license is reissued or reinstated, no rental unite be-
coming vacant in such part or parts of the facility may be
relet or occupied. Revocation, suspenaion or non renewal
of a license shall not excuse the owner from compliance
with all ,terms of state laws and codes and this Chapter for
as long as any units in the facility are occupied.
Failure to comply with all terms of this Cha durin th e
term of revocation, suspension or non renewal is a misde
meanor and grounds for extension of the_term of such re-
vocation or suspension or continuation ofnon- renewal, or
for a decision not to reinstate the license, notwitbstandi
any limitations on the period of suspension, revocation or
Ron renewal specified in the City Council' wr deci-
Mon or in paragraph 8. of this Section.
Section 4. Chapter 12 is hereby amended to add new sec-
tion 12 -912 as follows
yechon 12-912.;I' Q.RETALIATION
disincentive to reinvestment in the community. The oper
ation of' rental residential properties is a bueinees enter
that entailftcertsin responsibilities" Operators are.
responsible to take such reasonable Attila as are necessary
to sashes that the citizen of the citywho occupy such units
play pursue the quiet anjictyment of the normal activities of
life in "eurrouildings that are; safe., secure, and sanitary;
free from noise. nuisances or annoyances: free from un-
reasonable fears about safety of persona and security of
prope rty.: and suitable for raising childrej
Section 2. Section 12 -901. of Chapter 12 is hereby amen
ed as follows;
Section 12-901', LICENSING OF-RENTAL UNITS.
1. License Require:], No person shall operate a rental cans per dwelling unit in a precsd;ng one year period as
dwelling without first having obtained a license to do so
from the City-of Brooklyn Center as hereinafter provided,
Thera shall be two types of licenses: regular and prove
spend. [Each such operating:license. shall be issued hien
nially and shall expire on the anniversary date of is-
suance] Provisional licenses are defined in Section 12-
913
2. License Term. Regale' licenses will be iseued.for a pe-
riod of two years. Provisional licenses will be issued for a
period of six months., riroyisinn.
al wl be raviewad -ev ry six m n ha aft• r the bi loin
of the license term to determine thelicense status
3. License Renewal. License renewals shall be filed, at
least 90 days prior to license expiration date. Within two,-
weeks ofreceipt ofacompleteapplication and Of the license
fee requi by Section. 12 -902, the CompliancedOf&cial
ahelt schedule an inspection. No applteatlonfor an.imtial
or renewal license shall be submitted to the city couucil
until the Compliance, Official has determined that all life,
health safety violations or discrepancies have been cor-
rested.
Section 12 -910, LICENSE SUSPENSION LORI, REVD
CATION, DENIM, AND PION- RRNEWAL
L Every [operating) license issued underthept it'ovfaeoy ns the of
this Chapter is subject to suspension or revoca
City Council..
2, In the event that rill loperatangl license m s uspended
or revolted by the City Council, it shall be unlawful for the
own rental units er or the owner's duly atame authorized awd agent to thereafter
pe any new occtil un cosuch pancies;nvictiof vacant or thereafter ,000) or vacagl li-
t
alid [opera
cease moraybe and restored by than the on City Council.
cad d Anyp sting thias on ecti
e thousanonshallbeguiltyofamshed.
is-
emeanf shall be"
by a fine ofnot more dollars ($1
by imprisonment notto exceed ninety (90) days prb to-
gether with costs:of prosecution. Each d of each'viola-
1 (M —n 15 092)
Section 3 Secti
on 12 810 of Chapter 12 is hereby amend
ed as follows:
lion shall constitute a separate punishable offense..
4 Th Council may revoke, suspend or decline to renew
an license is sued' under this Chapter upon any of the fol-
lowing grounds:'
a. false statements on any application or other'lnforma-
lion or report req b t hi s C hapter to be given by the
ap plicant or li censee.
b. failure to p any application, penalty, rein�geetiafi or
reinstatement fee required bythib Chapter and City Coun-
cil resolution.
c. failure to corre deficiencies no in notices of viola
don in the time specified in the notice.:
d. [any other violation of this Chapter.] failure to comply
with the provisions of an approved mitigation plan in the
case of provisional licenses,
e. failure to oPerate or maintain the licensed premises in
conformity with all applicable state laws and codes and
this Code of Ordinances.
f anyother violatinnof this Chapter
[2.1 Revocation suspension and non renewal`may be
brou ght under either this Section or Section 12 -911, or
both.
[3.] 6. A regular license may be rervn><r ,et the of any,
six -month y�v i ew penodr as desciabedtp )9Q1
rinred to constitute a m or issnce other disorderly conduct
(jl palls or events listed* Sectton.12 -91 t:
ail Ca lls or events categorized as partene crimes in the
Un Crime Reporting System. including homicide,
tape aaggravated assault_Mirylerv` theft auto
(itt)cells or events categorized by the police department as
punitive action against any tenant by reason of good faitlj
eons made by such tenant to law enforcement agencies re-
lating crimieel activity suspected criminal activity. sus
Dicinue o rrnrrenopa or public safety concerns. This section
�ll'not prohibit[heviation of tena n ts from -a doe ling
unitfor unlawful conduct of a tenant ornvitee or violation
ofanv riles regulations or lease terms other than a pro
Whiten against contacting law enforcement agencies,
Section 5. Chapter 12 is hereby amended to add new sec
lion 12 -913 as follows:
Secti 12 -913. PROVISIONAL, LICENSES
L Licensed mLfinla dwellings, with fide or'more un_ita_
thatheve generated an average of.65or'more police er fire
a) ra i 6Q 609.67)
b) Wegponsltlangernuewea Stat 699.02 subd 6
609.86) City Oivlinence 02' ,1
Yt� Te ma i e in a
d) j,oud Dersnnx City Ordinance -1201
e Gambling ce 19- 1201,02 -03
Minn Stat. 609 755. &`609 76)
f)Land parties City Ordinance 197,1-:140:,.. 1201
g),` prostitution (Minn Stat. 609,321)
h) Nofsa— cara/does City Ordinances he
an
h. Calls will not be counted fo
a_• ••41i!
to y.. 4, a ,:n .%A
i :.1
.�s
lire calls. In evaluating a mitigation Man submitted by an
amL; ani heady and r ali_myisinnal Ii as ti a Co +nc;l
will also consider the effectiveness of awesome identified
c
Add
for difr'erent or additional measures to reduce. police and
fir calls,
Y.
a 4% a
II n
al
licensed n 86 ,o p
panroviLgd'n eetIre 2 -913
[4.1 ZrA deciisionto revoke, suspend, deny or not`_+new:
license. shall be preceded by written notice to the applicant
or licenses, of the alleged grounds therefor and.the;apph
cant or lieensee will he given an opportunityfor ahearmg
before the City Counoilbefore final action to revoke, rut
pend den or not renew a license, The Council shall give,"
due re to the frequency and aeriotldnofviola
the ease with which such violations could have been
or avoided and good faith efforts to comply and shall
a decision to deny, not renew, suspend or revoke a license
only upon written findings.
15.1 at The Council may suspend or revoke a license or not
renew a license for part or all of a facility,
[6a 3 Licenses may be suspended for up to nineti�f90
d ays; a n d ma after the period of suspension, be reinatat-
ed subj ect to compliance with this Chapter enjany co
tions imposed by the City Council at the tune of suepen-
lion. Licenses that are revoked will not be reinstated until
the owner has applied for and secured anew license and
complied with all conditions imposed at the time of re
cation. Upon a decision to revoke. deny or not ren li
tense= no new application for the same facility will be as
ceptedfor the period of time;specifiei in the Council'swr e-
ten decision, which sha)1 not exceed oneyear. All new ap-
plicatio must be accompanied by a reinstatement fee, as
specifiedby Council re solution, in additionto another fees
required by this Chapter
IQ, A written decision tp:;revoke, suspend, deny or not
renew a -license or application shall specify the Pert or
rhea wi n royiainnal lit naea may q ,phi for a re¢
WS* license only. after a one year period with =fewer,th
65 police or fire mile per dwelling unit,.
whether a provisional license is required include the fol.
rns/radio
C
C) ity Frights Ordin City Ordinance 19-203
j I n gWnarcn and/or narcotic precursors (Mien Stet;
152.01)
k)4 o ncl'few /status off ees/u d d
Ci nanis 301;.19-.304 ,.9, a
1) Disorderly conduce (MinnStat. 609.72),
m) Froperty damage City O divance 19 -211
n) Qasaulta 5th degree non domestic City Ordinance 1
o) Public disturbance Cit) :Ordinance 19 -202
P) alarms City Ordinance 5 -112:
9) 4 4 h..., -u •f .1
r) l lnlawfiil assembly (Minn $tat. 609.705) City Ordinance
19 -11(15
s) Presence at unlawful miserably (Minn Stat. 609.175).
t) Terrorist threats (Minn'.Stat. 609.7131
u) Loitering City Ordinance 19 -201:
(ixl The City Manager msty.determine that multiple rote
purpRses of determining
§18B 01 Subd 2 (h) and where there is a report of "Do-
mestic Abuse' as defined in the Domestic Abuse Act Min-
nesota Statutes. Section 51615.01. Subd. 2 (a),
c, Tha period of ime Land to dete rmine whether a brovf
,ire4i ha'ine twelve (i4, moors
ending two menthe before tlesix month review period de-
acfibed in section 12- 901(2).
The City will provide by mail to each licensee amonth-
ly report of rolls described in paragraph (1) (a) above
2. The applicantfor a provisional license mustsubmit for
Council review a mitigation plan for the license period.
The n>_i "vati^n lac hen d arribe sty re pro o by the
gnplicenf number of police and fire calls de-
r s in h (1l gl a level' ha cmalifiee for g
rem license: The mitigation plan. may include such
ate a3: Chan�aii tenant:ecrlwning procedures. chews
`a�+rity mea_a rag_ riles and isonlatinns
d, pn soli; t� with± anpppos i ;aptim lac 'ii
be presented t together with a,recwmy
pnendataon by the the City M City m.iager or.t a Manager's designee
wa fn ♦i: t ;ti,v, lmrer A#1dr f ins he annlicani an
to bebeerd and present evidence the Council
i1 sp !Hear nm Improve ve. or prove with conditions the
gppjjca an tier mitigation plan. if the c arme n dimap-
tnove a+? a nlii tiro. pod mitigat plan er annmvee it
with i nonditions it shall state its .reaeona for an doin 311
wrt in l ,a il mlti_dation plAn, he Co ,n '1 'il
A fi` 71 d ti- eznecled effect of "menu:
.i h c
tenth day after each calendar month. the licensee shall
t rid t r to he v Manager awritten report de
scribing all steps taken in furtherance, of the mit;g
:clan diwinrr. hao
flan 12-914 as follows:
Legals continued on next pag