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HomeMy WebLinkAbout2003-10 08-07 APSTATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief August Size and kind of type used in the composition and Subscribed and swor this Nota RauMA6wvwAnn abcdefghijklmno or affirm 'd before me 03. (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged newspapers AFFIDAVIT OF PUBLICATION Sun -Post and has full Financial Officer of the newspaper known as 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 laws, as amended. (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 7 day of 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 lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the BY CFO RATE INFORMATION e notice: MERIDEL M. HEDBLOM NOTARY PUBLIC MINNESOTA MY COMMISSION EXPIRES 1312005 2.85 per line 6.20 per line 1.40 per line City of Brooklyn Center (Official Publication) CITY OF BROOKLYN CENTER Ntitice is heretiygiven thata public hearing will, be held t the 25th day of.August 2003, at 7:00 p.m. at City Hall, 63( Shingle Creek Parkway, to consider an amendment Chapter 12 creating a provisional rental license. Auxiliary aids for handicapped persons are available upc request at least 96 hours in advance. Please notify tl Deputy City Clerk at 763- 569 -3303 to make a rang meats: ORDINANCE NO. AN ORDINANCE PERTAINING TO THE LICENSIN OF RENTAL UNITS IN THE CITY OF BROOKLYN CEP TER THE CITY COUNCIL OF THE CITY OF BROOKLY. CENTER. DOES ORDAIN AS FOLLOWS: Section 1. Chapter 12 is hereby amended to add new se tion 12 -900 as follows: Section 12 -900. PURPOSE. It is the purpose of this se 'Non r: ss t 1 housin in 't is d sal and sanitary and is so operated and maintained as not t become a nuisance to the neighborhood or to become an ix fluence that fosters blight and deterioration or creates disincentive to reinvestment in the community. The ope tion of -ntal r 'dential o ie- is bu in s enter ise that .ils;c rt.in res +o 'ties 0. -rat.r az es.. sible e- suchr•onableste :,s a e ecess to assure that the citizens ofthe city who occupy such unit may pursue the quiet enjoyment of the normal activities life in .surroundings that are: -safe; secure and sanitan free from noise. nuisances or annoyances: free from ur reasonable fears about safety of persons and security i Section 2, Section 12 -901 of Chapter. 12 is hereby amen ed as follows.' Section 12 -901. LICENSING OF RENTAL UNITS. L L ceas Reg Fred No person shall operate a rent dwelling without first having obtained a license to do s from the City of Brooklyn Center as hereinafter providei Tha s all tw. -s of h lar sional. [Each such operating license shall be issued bier nially and shall expire on the anniversary date of silence.) P .vi ional a +efrns+ in i.n'li .1. 2. License Term. Reeder licenses will be issued for a pc ri+ of two r,.. r+visional lic-n A be issued. for- period of six months. All licenses, regular and provision. al. will be reviewed every six months after the beginnin e license `t. determine he li`- ce st•tus. 3. License Renewal. License renewals shall be filed a least 90 days prior to license expiration date. Within t ip weeks of receipt of-a complete application and of the licens fee required by Section 12 -902, the Compliance Officio shall schedule an inspection. No application for an initia or renewal license shall be'subnutted to the city` toun until the Compliance Official has determined that t- all lift health safety violations or discrepancies have been cox rected. Section 3, Section 12 -910 of Chapter 12 is hereby' amend ed as follows: Section 12-910. LICENSE SUSPENSION 101N.REVO CATION. DENIAL AND NON- REidEWAL. 1. Every [operating] license issued under the provisions o this Chapter is subject to suspension or revocation by the City Council_ 2. In the event that alnl [operating] license is sospende or revoked by the City Council. it shall be unlawful for th owner or the owner's duly authorized agent to thereafte permit any new occupancies ofvacant or thereafter vacat ed rental units until such time as a valid 'operating) li cease may be restored by the City Council 3. Any person violating this section shall be guilty of a mis- demeanor, and upon conviction thereof shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed ninety (90) days or both, to- gether with costs of prosecution. Each day of each viola- tion shall constitute a separate punishable offense. 4, The Council may revoke, suspend or decline to renew any License issued under this Chapter upon any of the fol- lowing grounds: a. false statements on any application or other informa- tion or report required by this Chapter to be given by the applicant or licensee. b. failure to pay any application, penalty, reinspection or reinstatement fee required by this Chapter and City Coun- cil resolution. c. failure to correct deficiencies noted in notices of viola- tion in the time specified in the notice. d. [any other violation of this Chapter.] failure to complY'' with 1 ,vi -io s_ of an .ro e• o e '1 v n of e. failure to operate or maintain the licensed premises in conformity with all applicable state laws and codes and this Code of Ordinances. f any other violation of this Chapter. 12.1 3. Revocation, suspension and non renewal may be brought under either this Section or Section 12 -911, or both. [3.) 6. A regular license may be revoked at the end of any six-m nth r- vi -w'. ri.d'`: .e: i 'on 12 or at the end of the two -year term upon a finding that the licensed premises are only eligible for a provisional license as provided in Section 12-913. [4.1 7_ decision to revoke, suspend, deny or not renew a license shall be preceded by written notice to the applicant or licensee of the alleged grounds therefor and the appli- cam ornccensee will be gi %Pf opportunity for a hearing before the City Council before final action to revoke. sus- pend. deny or not renew a license. The Council shall give due reg ard to the trequeneyand seriousness of violations. the ease with which such violations could have been cured or avoided and good faith efforts to comply and shall issue a decision to deny, not renew, suspend or revoke a license only upon written findings. 15.1$, The Council may suspend or revoke a license or not renew a license for part or all of a facility. [6.11 Licenses may be suspended for up to ninety (90) days and may, after the period of suspension, be reinstat- ed subject to compliance with this Chapter and any condi- tions imposed by the City- Council at the time of suspen- sion. 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 revo• cation. Upon a decision to revoke, deny or not renew a li- cense, no new application for the same facility will be ac- cepted for the period of time specified in the Council's writ- ten decision, which shall not exceed one year. All new ap- plications must be accompanied by a reinstatement fee, as specified by Council resolution, in addition to all other fees required by this Chapter. 13. 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 of reinstated, no rental units be- coming vacant in such part or parts of the facility may be relet 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 Chapter 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 misde- meanor and grounds for extension of the term of such re- vocation 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 deci- sion or in paragraph 8. of this Section. Section 4, Chapter 12 is hereby amended to add new sec- tion 12-912 as follows: Section 12 -912. NO RETAT.TATION an No 1' sees -vict punitive action against any tenant by reason of good faith calls made by such tenant to law enforcement agencies re- 1, 1 to c rill a activi suspect crimi activ'td c is- picious 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 pro- hibition against contacting law enforcement agencies Section 5. Chapter 12 is hereby amended to add new sec- tion 12 as follows: to or t Secti•n 'RSV 1e dw• Ii wt f r u that have generated an average of .65 or more police or fire calls per dwelling unit in a preceding one vear period as specified below are eligible only for provisional licenses. Properties with provisional licenses may qualify for a reg- ular license only after a one year period with fewer than .65 police or fire calls per dwelling unit a. Police and fire calls that are counted in determining whether a provisional license is required include the fol- lowing types of calls or events: calls or events listed in Section 12 -911: calls or events categorized as part one crimes in the Uniform Crime Reporting SvStenl. including homicide ben av c t b 1 theft and arson c,1: ueven cc •iteooriz -db t olr c ear:m• one of the following' a) Fi -arms 5 r 1St t. 6'9.66 600.67 b;) Weapons/dangerous weapons (Minn Sit- 609.02 subd.6 609 -66i City Ordinance 1 c) Drug irat pherm ili.,'MimiStat, 102.092 (1) Loud persons City Ordinance 19 -1201 of Gambling )1tIinn Stat: 609.755 D loud parties City Ordinance 19-1201 g) Prostitution Minn t. Stat. 609 321 h) Noise cars /does City Ordinance 1- 110- horns /radios City 'Ordinance 19- 1201.02.03 i) Fights City Ordinance 19-203 j) Drugs/narcotics and/or narcotic precursors (Minn Stat. 152,01) k) Alluwingcurfew /status offenses /underage drinking City Ordinance 19- 301,19-304 '1) Disorderly conduct (Minn Stat. 609.72) m). Pt-warty damage City Ordnance 19.211 n) Assaul s 5th d ree non on 204 o) Public disturbance City Ordinance 19 -202 p) Fire alar t O finance -112 q) Interference with a peace officer (Minn Stat. 609.50) 1 to •'n.1 r) f 19 -1105 s) Presence at unlawful assembly (Minn Stat. 609.175) t) Terrorist threats (Minn Stat. 609.713) u) Loitering City Ordinance 19 -201 list Yi i e rmin ci- dents shall be counted as a single call in appropriate cases b. Calls will not be counted for purposes of determining w.e. v'_ ion i e edwherethevi and suspect are "Family or household members"' as defined in the Domestic Abuse Act. Minnesota Statutes. Section 5185.01. Subd. 2 (b) and where there is a report of "Do- mestic Abuse as define• in the Domestic Abuse Act. Min= n• •cti•n 1:B• S 2 a. .1_17 t. The Period of time used to determine whether a provi- sign: ir-_'- e tw• v• 1 .eriod ending two months fore the six-month review period de- scribed in section 12- 901(2). C.L. The City will provide by mail to each licensee a month- b.ve. 2. The applicant for a provisional license must submit for Council review 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 de- scribed in paragraph (1) (a) to a level that oualifies for a regular license. The mitigation plan may include such steps as: ch: ges in tenant screening procedures.' changes in lease terms. security measures. rules and regulations •r, -pan .7._. •c- ••r-o el. The application with a proposed mitigation plan will be presented to the City Council together with a recom- men. the ace r d As to the disposition thereof. After giving the applicant an t t. 1 r- -n he in ell shall approve. disapprove. or approve with conditions the application and the mitigation plan If the Council disan proves an application and mitigation plan or approves it ith on it it sh t- i re •ns f• r •'1 in writing. In evaluating a mitigation plan. the Council will consider among other things the facili y. its management practices the r. and seriousness of causes for police fr id th- ff tiven- o identified in the plan to reduce the number of police and 1• v h atin .1. 1 u itt 11 am an un a _•r. 7 li s• 1 e unc v n ide tified ous mitigationplan: and the need oil cn' r1•• in th applic: nt's prey f rn fi f re 1 e n 4 The licensee shall comply with the mitigation plan as r +vs.. .r r 7 1 s he each calendar month. the licensee shall 't M scribing all steps taken in furtherance of the mitigation plan during the preceding month tenth day afte -r tic w'11 on all prospective to u •f. Section 6. Chapter 12 is hereby amended to add new sec- tion 12;914 as follows: 12- Adopted this day of Mayor ATTEST: City Clerk ants. The criminal background check (a) A statewide )Minnesota) criminalhistory check of all .r• iv• ;1•n_ •v' t ea tth 1 t e ears th check must be done "in person" or by utilizing the most d e rimin •4 iz -7 :1 (b) 4 t wig r l.' ch tive tenant's previous state of residence if the tenant is proving directly from the previous state; (c) '71'.:. h 'c their previous states of resit. ence covering the last three years if they have not resided in Minnesota for three years or longer (d) A criminal history check of any prospective tenant must be conducted in all seven counties in the metro Twin City area covering at least the last three years including all misdemeanor, gross misdemeanor, and felony convictions. 2. This ordinance shall become effective after adoption and tipon thirty (30) clays following its legal publication. 2003. Date of Publication: Effective Date: (Underline indicates new matter; brackets indica to be deleted.) (Aug 7, 200311 Units e matter