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HomeMy WebLinkAbout2002-03 03-25 CCOCITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 25 day of February 2002, at 7:00 p.m. at the West Fire Station, 6250 Brooklyn Boulevard, to consider an amendment to city code provisions relating to licensing of rental properties. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the Deputy City Clerk at 763 -569 -3308 to make arrangements. ORDINANCE NO. 2002-03 AN ORDINANCE AMENDING SECTIONS OF CHAPTER 12 OF THE BROOKLYN CENTER CODE OF ORDINANCES RELATING TO THE LICENSING OF RENTAL PROPERTIES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 12 -910 is amended as follows: Section 12 -910. LICENSE SUSPENSION, [OR] REVOCATION AND NON RENEWAL. 1. Every operating license issued under the provisions of this [ordinance] Chapter is subject to suspension or revocation by the City Council [should the licensed owner or his duly authorized agent fail to operate or maintain licensed rental dwellings and units therein consistent with the provisions of the ordinance of the City of Brooklyn Center and the laws of the State of Minnesota]. In the event that an operating license is suspended or revoked by the City Council [for just cause], it shall be unlawful for the owner or [his] 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. Any person violating this [provision] 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 the costs of prosecution. Each day of each violation shall constitute a separate punishable offense. 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. e. failure to operate or maintain the licensed premises in conformity with all applicable state laws and codes and this Code of Ordinances. ORDINANCE NO. 2002-03 2. Revocation, suspension and non renewal may be brought under either this Section or Section 12 -911, or both. 3. 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. 4. The Council may suspend or revoke a license or not renew a license for part or all of a facility. 5. 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 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 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. 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. 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. 6. 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 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 license, notwithstanding any limitations on the period of suspension, revocation or non renewal specified in the City Council's written decision or in paragraph 5. of this Section. Section 2. Section 12 -201 paragraph 18 is amended as follows: 18. Owner a person, agent, firm or corporation having a legal or equitable interest in the property. In any corporation or partnership, the term owner includes general partners and corporate officers. ORDINANCE NO. 2002 -03 Section 3. Section 12 -1201 is amended as follows: Section 12 -1201. COMPLIANCE ORDER. Whenever the compliance official determines that any building or portion thereof, or the premises surrounding any of these, fails to meet the provisions of this Chapter, a compliance order setting forth the violations of the ordinance and ordering the owner, occupant, operator, or agent to correct such violations shall be issued. This compliance order shall: Violations may be cited by the City and prosecuted, and license suspension, revocation or non renewal may be undertaken by the City whether or not a compliance order has been issued. Section 4. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 25 day of March 2002. City Clerk Date of Publication: April 3, 2002 Effective Date: May 3, 2002 1. Be in writing. 2. Describe the location and nature of the violations of this ordinance. 3. Establish a reasonable time for the correction of such violation and notify of appeal recourse. 4. Be served upon the owner or agent or occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon any such occupant, if a copy thereof is: a. Served upon owner, agent or occupant personally; or b. Sent by 1 class mail to his/her last known address; or c. Upon failure to effect notice through (a) and (b) as set out in this section, posted at a conspicuous place in or about the building, or portion thereof, which is affected by the notice. Mayor (Underline indicates new matter; brackets indicate matter to be deleted.)