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Home My WebLink About2002-03 02-06 APSTATE OF MINNESOTA) COUNTY OF HENNEPIN) Gene Carr, being duly sworn on an oath states or affirms, that he is the publisher of the news- paper known as Sun -Post and has full knowledge of the facts stat- ed 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 Wednesday, the 6 day of February 2002, and was thereafter printed and published on every Wednesday to and including Wednesday, the day of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopqrstuvwxyz Subscribed and sworn to osl this 6 day of Not SS. r affirmed' before me 2002. ry Pub{i W V.i a .1v MERIDE M. HEDBLOM NOTARY PUBLIC-MINNESOTA p MY COMM; S ON EXPIRES 1-31-2005 nt (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 BY: RATE INFORMATION 2002; and printed below is a copy of President and Publisher 2.85 per line 6.20 per line 1.40 per line City of Brooklyn Center (Official Publication) CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 25th 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 ih advance. Please notify the Deputy City Clerk at 763569 -3308 to make arrange- ments. ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS OF CHAP- TER 12 OF THE BROOKLYN CENTER CODE OF OR- DINANCES RELATING TO THE LICENSING OF RENTAL PROPERTIES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN FOLLOWS: Section 1. Section 12 -910 is amended as follows: Section 12 -910. LICENSE SUSPENSION, [OR] REVO- CATION AND NON RENEWAL 1. Every operating license issued under the provisions of this [ordinance] Chaucer is subject to suspension or revo- cation by the City Council [should the licensed owner or his duly authorized agent fail to operate or maintain li- censed rental dwellings and units therein consistent with the provisions of the ordinance of the City of Brooklyn Cen- ter 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 there- after 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 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, together with the costs of prosecution. Each day of each violation shall constitute a separate punishable offense. v n r r w license issued under this Chapter upon any of the follow- ing grounds f. -e t.tem- is on licat'on ,r oth r tion or report required by this Chapter to he given by the applicant or licensee 12, failure to pay any application. penalty. reinspection or r ..e., cil resolution, c, _I etoc. td•fi'•c'es note tion in the time specified in the notice, d any other violation of this Chapter g, failur conformity with all applicable state laws and codes and this Code of Ordinances. z 0.,t t_r m 0 es o a- 2. R-voc t' brought under either this Section or Section 12-911. or both. 1 A decision to revoke. suspend. deny or not renew a li- n wri -nn.tie .th• t 0a_ e_ eref.r a th i- cant or licensee will he given an 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 r•:.. riou .1. 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. a :bend or revoke a license only upon written findings. 9, The Council may suspend or revoke a license or not renew a license for part or all of a facility. Licenses m =y be suspended for up to ninety (90) days and may. after the period of suspension. be reinstated sub iect to compliance with this Chanter any conditions im- pg,sed by the City Council at the time of suspension. Li- 'a owner has applied for and secured a new license and com- plied with all conditions imposed at the time of revocation, Upon a decision to revoke a license. no new apnlication 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 de y on 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. Awritten decision to revoke. suspend. deny or not renew A license or apnlication shall specify the part or Darts of the facility to which it r.pnnen. Thereafter. and until a li- cense is reissued or reinstate& 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 li- cense shall not excuse the owner from compliance with 4 terms of state laws and codes and this Code of Ordinances for as lone as any units in the facility are occupied. Fail- ure to comply with all terms of this Chanter during the tern 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. notwithatandinv any limitations on the period of suspension. revocation or non renewal specified in the City Council's written deci- sion or in paragraph 6. of this Section. Section 2. Section 12 -201 paragraph 18 is amended as fol- lows: 18. Dm= a person, agent, firm or corporation having a legal or equitable interest in the property. Ia any corpo- ration or partnership. the term owner includes general partners and corporate officers. 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 vi- olations shall be issued. This compliance order shall: 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 vi- olation 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 prop- erly served upon such owner or agent, or upon any such oc- cupant, if a copy thereof is: a. Served upon owner, agent or occupant personally; or b. Sent by 1st 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. Violations may be cited by the City and prosecuted. and li- cense susoension. revocation or non renewal may un- dertaken 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 pub- lication. Adopted this day of 2002. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Underline indicates new matter, brackets indicate mat ter to be deleted.) (Feb. 6, 2002)P1/Licensing- rental