Loading...
HomeMy WebLinkAbout2003-10 08-25 CCOCITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 25 day of August 2003, at 7:00 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 12 creating a provisional rental license. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the Deputy City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. 2003 -10 AN ORDINANCE PERTAINING TO THE LICENSING OF RENTAL UNITS IN THE CITY OF BROOKLYN CENTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 12 is hereby amended to add new section 12 -900 as follows: Section 12 -900. PURPOSE. It is the purpose of this section 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 2. Section 12 -901 of Chapter 12 is hereby amended as follows: 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. [Each such operating license shall be issued biennially and shall expire on the anniversary date of issuance.] 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. ORDINANCE NO. 2003 -10 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. Section 3. Section 12 -910 of Chapter 12 is hereby amended as follows: Section 12 -910. LICENSE SUSPENSION [OR], REVOCATION, DENIAL AND NON RENEWAL. 1. Every [operating] license issued under the provisions of this Chapter is subject to suspension or revocation by the City Council. 2. In the event that a[n] [operating] license is suspended or revoked 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 [operating] license may be restored by the City Council. 3. Any person violating this section shall be guilty of a misdemeanor, 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, together with costs of prosecution. Each day of each violation 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 following grounds: a. false 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, penalty, reinspection or reinstatement fee required by this Chapter and City Council resolution. c. failure to correct deficiencies noted in notices of violation 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. ORDINANCE NO. 2003 -10 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. [2.] 5. 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 -month review period, as described in section 12- 901(2) 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.] 7. 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. 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. [5.] 8. The Council may suspend or revoke a license or not renew a license for part or all of a facility. [6.] 9. 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. 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 new application for the same facility will be accepted for the period of time specified in the Council's written decision, which shall not exceed one year. 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. ORDINANCE NO. 2003 -10 10. 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 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 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 8. of this Section. Section 4. Chapter 12 is hereby amended to add new section 12 -912 as follows: Section 12 -912. 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. Section 5. Chapter 12 is hereby amended to add new section 12 -913 as follows: Section 12 -913. PROVISIONAL LICENSES. 1. Licensed multiple dwellings, with five or more units, that have generated an average of .65 or more police or fire calls per dwelling unit in a preceding one year period as specified below are eligible only for provisional licenses. Properties with provisional licenses may qualify for a regular 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 following types of calls or events, all of which are hereby declared to constitute a nuisance or other disorderly conduct: ORDINANCE NO. 2003 -10 Cu calls or events listed in Section 12 -911; (ii) calls or events categorized as part one crimes in the Uniform Crime Reporting System, including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson; (iii) calls or events categorized by the police department as one of the following: a) Firearms (Minn Stat. 609.66 609.67) b) Weapons /dangerous weapons (Minn Stat. 609.02 subd.6 609.66) City Ordinance 19- 402 c) Drug paraphernalia (Minn Stat. 152.092) d) Loud persons City Ordinance 19 -1201 e) Gambling (Minn Stat. 609.755 609.76) f) Loud parties City Ordinance 19 -1201 g) Prostitution (Minn Stat. 609.321) h) Noise cars /dogs 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) Allowing curfew /status offenses /underage drinking City Ordinance 19- 301,19 -304 1) Disorderly conduct (Minn Stat. 609.72) m) Property damage City Ordinance 19 -211 n) Assaults 5th degree non- domestic City Ordinance 19 -204 o) Public disturbance City Ordinance 19 -202 p) Fire alarms City Ordinance 5 -112 q) Interference with a peace officer (Minn Stat. 609.50) r) Unlawful assembly (Minn Stat. 609.705) City Ordinance 19 -1105 s) Presence at unlawful assembly (Minn Stat. 609.175) t) Terrorist threats (Minn Stat. 609.713) u) Loitering City Ordinance 19 -201 (iv) The City Manager may determine that multiple incidents shall be counted as a single call in appropriate cases. ORDINANCE NO. 2003 -10 b. Calls will not be counted for purposes of determining whether a provisional license is required 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). c. The period of time used to determine whether a provisional license is required is the twelve (12) month period ending two months before the six -month review period described in section 12- 901(2). d. The City will provide by mail to each licensee a monthly report of calls described in paragraph (1) (a) above. 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 described in paragraph (1) (a) to a level that qualifies for a regular license. The mitigation plan may include such steps as: changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, and security personnel. 3. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire calls and the expected effectiveness of measures identified in the plan to reduce the number of police and fire calls. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police and fire calls. ORDINANCE NO. 2003 -10 4. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Section 6. Chapter 12 is hereby amended to add new section 12 -914 as follows: Section 12 -914. TENANT BACKGROUND CHECKS. 1. All licensees will conduct criminal background checks on all prospective tenants. The criminal background check must include the following: (a) A statewide (Minnesota) criminal history check of all prospective tenants covering at least the last three years; the check must be done "in person" or by utilizing the most recent update of the state criminal history files (b) A statewide criminal history check from the prospective tenant's previous state of residence if the tenant is moving directly from the previous state; (c) A criminal history check of any prospective tenant in their previous states of residence 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 upon thirty (30) days following its legal publication. Adopted this 25 day of August 2003. AT EST: \441111 City Clerk Date of Publication: September 4, 2003 Effective Date: October 4, 2003 (Underline indicates new matter; brackets indicate matter to be deleted.)