HomeMy WebLinkAbout2006 02-21 HCA AGENDA
BROOKLYN CENTER
HOUSING COMMISSION
February 21, 2006
7:00 p.m.
Council/Commission Room
Brooklyn Center City Hall
1. Call to Order: 7:00 p.m.
2. Roll Call
3. Approval of Agenda
4. Approval of Minutes: January 17, 2006
June 6, 2005 (Special Meeting)
5. Chairperson's Report
6. Council Liaison Report
7. Consideration of Memorandum from Councilmember
Diane Niesen Regarding Ordinance #12: Building
Maintenance and Occupancy
8. Discussion: Future Role of Housing Commission
9. Other Business
10. Adjournment: 8:30 p.m.
Memorandum To: Chairperson Judy Thorbus and Housing Commission Members
From: Tom Bublitz, Comxnunity D�velopment Specialist
Subject: Agenda Items For February 21, 2006 Housing Commission Meeting
Date: February 15, 2006
At the February 13, 2006 City Council meeting the City council referred the enclosed
memorandum [copy enclosed] from Councilmember Diane Niesen titled, "Ordinance
#12: Building Maintenance and Occupancy", to the Housing Commission. I am also
enclosing a current copy of Chapter 12 of the City ordinances.
As a housekeeping item, the minutes of a special meeting of the Housing Commission
held on June 6, 2005 are included in your packets. As you may recall the special meeting
was held to obtain the commission's recommendations on an amendment to the City's
rental ordinance in time for the June 13, 2005 City Council meeting. The commission's
recommendations made at the June 6 meeting were conveyed to the City Council at
their June 13, 2005 meeting by memorandum [copy enclosed] with a copy sent to
commission members. After our summer recess I realized I had not prepared a formal set
of minutes.
MEMORANDUM
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TO: Michael J. McCauley, City Manager
FROM: Tom Bublitz Communi Develo ment S ecialist
P P
SUBJECT: Report on Recommendations from Housing Commission Regarding an
Ordinance Relating to Rental Dwellings and Non-Conforming Uses;
Amending City Code Sections 12-901, 12-902 and 35-111
DATE: 7une 7, 2005
At the Mazch 28, 2005 City Council meeting the City Council referred the above titled
ordinance to the Housing Commission for review and comment. Review of the proposed
ordinance was on the Housing Commission's Apri119, 2005 meeting agenda. A quorum
of the Housing Commission was not present at the April 19, 2005 meeting.
Review of the proposed ordinance was on the Housing Commission's May 17, 2005
Housing Commission meetiug agenda. A quorum was present at the May 17, 2005
meeting but the Commission considered other business at the May meeting which did not
'allow time for consideration of the proposed ordinance amendment. At the end of the
May Housing Commission meeting, the, Commission set June 6, 2005 as a special
meeting date to consider the ordinance amendment.
The Housing Commission met on June 6, 2005 to consider the proposed ordinance
amendment. A quorum was present at the June 6�' meeting. After review and discussion
of the proposed ordinance, the Housing Commission unanimously approved the
following recommendations/amendments:
1. Duplexes that are occupied by its owner and/or persons who qualify for a
relative homestead status should not be required to obtain a rental license.
Persons qualifying under this provision would be required to complete a
certification indicating tb.eir relationship regarding homestead or relative
homestead status.
The Commission believes qualifying relatives living in a duplex should not be
required to obtain a rental license. In making this recommendation, the
Commission believes the City should not be concemed whether or not persons
who qualify for a rental license exemption based on relative status actually
make any type of payments to the relative who is the owner of the duplex.
2. In situations where a duplex owner occupant has non related occupants living
in one half of the duplex and not paying rent or other consideration, the M
Commission recommended that these persons should not be required to obtain
a rental license but would be requi�ed to complete a certification as required
by the current proposed ordinance.
3. The Comrnission recommended that if there is a formal rental agreement
executed between qualifying relatives in a duplex, then these persons should
be required to obtain a rental license. In this recommendation, the
Coxnmission believed that a written rental agreement created an explicit
landlord/tenant relationship even if,the owner and tenant were related.
A copy of the original proposed ordinance amendment is included with this
memorandum.
1 Date: January 20, 2006
To: Brooklyn Center Mayor and City.Councilmembers; City Manager
From: Councilmember Diane Niesen
Re Ordinance #12: Building Maintenance and Occupancy
Over the last yeaz and a half I have put forth information and opinions related to the above noted City
Ordinance. This memo outlines areas of requested review and action with supporting rationales. I believe
that with these limited number of changes, the comments I presented to the Council in mid-2005 (07-25 and
8-8) would be addressed in full. I think it is fair to ask that comments and recommendations from the
Housing Commission be completed and submitted to Council within a three-month timeframe from date of
receipt.
Terms
Rental dwelling or dwelling unit: A non-homesteaded Rl or R2 dwelling or dwelling unit for rent or
lease.
Rationale: This law is enforceable and supportive of people's legal privacy rights. The homestead status of
a property is public record.
Duplex: Two dwelling units located on one lot that do not share common walls or floors. (Initial proposal
of a description; no need then for mother-in-law apartment definition.)
Mother Apartments
Recognition of the permissibility of mother-in-law apartments.
Rationale: Commonly known and accepted housing configuration that supports families and extended
families and rights to their individual privacy.
Ref: Star Tribune, 07-31-04 article in Homes: Aiming for the Stars, by Neal Gendler.
"Before becoming a Realtor eight years ago, he (Terry Eggan) was a builder who
cautioned clients against designing something too unusual, lest few people want it at
sale time. But he's sure the observatory and an in-law apartment on the ground
level add marketability... A bigger priority at the time was incorporating space for
Eggan's parents into the home... An obvious requirement for the in-law apartment
was that it have no stairs. Another was to give each couple their own home. "I don't
even know that they're there most of the time," Eggan said. "They don't have to ask
us for anything,° which is important with two households under one roof... "If you
have it set up so they have their own space, it works beautifuily. If you have them
sharing the kitchen or bathrooms, you're asking for trouble."... he expects
increasing demand for in-law apartments. He said at least three people who saw
the house subsequently built in-law apartments."
1/31/2006 page 1 of 2
Penalties/Remedies
Review for appropriateness, fairness, and likeliness ofcourt support keeping citizen-friendly outcome-based
results in perspective, and consider separating penalties for`Rl and R2 violations vs multi-family.
Ordinance Organization (table of contents)
12-900: OIf this continues to be the lead-in section for rental properties, offer more explanatory text than
solely: "Purpose." Perhaps shift this to beneath the section titled: Licensing of Rental Units. (12-901)
The sections numbered within the sequence: 12-9xx end at 12-914 Tenant Background Checks. If
subsequent sections also apply to the Licensing of Rental tlnits, renumber to keep them in this same
sequence (12-9xx vs. 12-1001 [Enforcement and Inspection Authority], etc.).
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Ordinance�
Chapter 12
CHAPTER 12 BIJILDING MAINTENANCE AND OCCUPANCY ORDINANCE
Section 12-101. PURPOSE. Tt�e purpose of this Ordinance is to protect the public health,
safety, and the general welfaze of the people of the City. These general objectives include, among
others, the following:
1. To protect the chazacter and stability of all buildings and property within the City.
2. To correct and prevent conditions that adversely affect or are likely to adversely
affect the life, safety, general welfaze and health, including the physical, mental and
social well-being of persons occupying buildings within Brooklyn Center.
3. To provide minimum standards for cooking, heating, and sanitary equipment
necessary to the health and safety of occupants of buildings.
4. To provide minimum standards for light and ventilation, necessary to healtti and
safety.
5. To prevent the overcrowding of dwellings by providing minimum space standazds
per occupant for each dwelling unit.
6. To provide nunimum standards for the maintenance of existing buildings, and to thus
prevent slurns and blight.
reserve the value of land and buildings throughout the City.
7. To p
With respect to rental disputes, and except as otherwise specifically provided by the terms of
this Ordinance, it is not the intention of the City Council to intrude upon the fair and accepted
contractual relationship between tenant and landlord. The City Council does not intend to intervene
as an advocate of either party, nor to act as an arbiter, nor to be receptive to complaints from tenant
or landlord which aze not specifically and clearly relevant to the provisions of this Ordinance. In the
absence of such relevancy with regard to rental disputes, it is intended that the contracting parties
exercise such legal sanctions as aze available to them without the intervention of City government.
Neither in enacting this Ordinance is it the intention of the City Council to interfere or permit
interference with legal rights to personal privacy.
Section 12-102. APPLICABILITY OF ORDINANCE. Every building, as well as its
premises, and all occupied premises within Brooklyn Center shall conform to the requirements of
this Ordinance, irrespective of when such building may have been conshvcted, altered, or repaired.
City of Brooklyn Center 12-1 City Ordinance
Section 12-201. DEFIl�TITIONS. The following definitions shall apply in the interpretation
and enforcement of this Ordinance:
1. Approved acceptable to the jurisdiction having authority and meeting all applicable
codes.
2. Accessorv structure a structure subordinate to the main or principal building wluch
is not used nor authorized to be used for living or sleeping by human occupants and
which is located on or partially on the premises.
3. Buildins any structure used or intended for supporting or sheltering any use or
occupancy.
4. Comnliance Official the City Manager and his designated agents authorized to
administer and enforce this Ordinance.
5. Dwelling a building, or portion thereof, designed or used predominantly for
residential occupancy of a continued nature, including one-family dwellings, two-
family dwellings, and multiple family dwellings; but not including hotels and motels.
6. Dwellins unit a single residential accommodation which is arranged, designed,
used or, if vacant, intended for use exclusively as a domicile for one family. Where a
private garage is structurally attached, it shall be considered as part of the building in
which the dwel l i ng uni t is loca t e d.
7. Familv any of the following definitions sha11 apply:
A person or persons related by blood, marriage, or adoption, together with his or
their domestic servants or gratuitous guests, maintaining a common household in a
dwelling unit;
—Group or foster care of not more than six (6) wards or clients by an authorized
person or persons, related by blood, ma,rriage, or adoption, together with his or their
domestic servants or gratuitous guests, all maintaining a common household in a
dwelling unit approved and certified by the appropriate public agency;
A group of not more than five (5) persons not related by blood, marriage or adoption
maintaining a common household in a dwelling unit.
8. Flush water closet an approved toilet, with a bowl and trap made in one piece,
which is connected to the City water and sewer system or other approved water
supply and sewer system.
City of Brooklyn Center 12-2 City Ordinance
9. Garbase putrescible animal and vegetable wastes resulting from the handling,
prepazation, cooking and consumption of food.
10. Habitable buildin� any building or part thereof that meets minimum standards for
use as a home or place of abode by one or more persons.
11. Habitable room a room or enclosed floor space used or intended to be used for
living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet
compartments, laundries, furnace rooms, unfinished basements, (those without
required ventilation, required electric outlets and required exit facilities), pantries,
utility rooms of less than 50 squaze feet of floor space, foyers, communicating
corridors, stairways, closets, storage spaces, and workshops, hobby and recreation
azeas in parts of the structure below ground level or in attics.
12. Heated water water heated to a temperature of not less than 120 degrees Fahrenheit,
or such lesser temperature required by government authority, measured at faucet
outlet.
13. Kitchen a space which contains a sink with counter working space, adequate space
for installing cooking and refrigeration equipment, and adequate space for the storage
of cooking utensils.
14. Multinle faznilv dwellin� a dwelling or portion thereof containing ttu'ee or more
dwelling units.
15. Nonresidential buildin� all other buildings or structures other than dwellings or
dwelling units.
16. Occunant any person (including owner or operator) occupying any structure,
building or part thereof, dwelling, dwelling unit, rooming unit or premise.
17. Onerator the owner or agent who has charge, care, control, or management of a
building, or part thereof.
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.
19. Permissible occuvant load the maximum number of persons permitted to occupy a
building or space within a building.
20. Person— an individual, firm, partnership, association, corporation or joint venture or
organization of any kind.
City of Brooklyn Center 12-3 City Ordinance
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21. Plumbin� all of the following supplied facilities and equipment in a building: gas
pipes, gas burning equip�ient, water pipes, steam pipes, garbage disposal units, waste
pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths,
installed clothes washing machines, catch basins, drains, vents, and any other similaz
fixtures and the installation thereof, together with all connections to water, sewer and
gas lines.
22. Premises a platted lot or part thereof or unplatted parcel of land, either unoccupied
or occupied by any structure thereon.
23. Public Corridor a hall, corridor or passageway for providing egress from an
occupied azea to a public way and not witlzin the exclusive control of one occupant.
24. Refuse all putrescible and nonputrescible waste solids including garbage and
rubbish.
25. Rental dwelline or dwellin� unit a dwelling or dwelling unit let for rent or lease.
26. Repair to restore to a sound and acceptable state of operation, serviceability or
appeazance.
27. Rodent hazbora�e any place where rodents can live, nest, or seek shelter.
28. Roomins unit any room or group of rooms forming a single habitable unit used or
intended to be used for living and sleeping, but not for cooking and eating purposes.
29. Rubbish nonputrescible solid wastes consisting of both combustible and
noncombustible wastes, such as paper, cardboard, tin cans, grass and shrubbery
clippings, wood, glass, brick, plaster, bedding, crockery and similaz materials.
30. Safety the condition of being reasonably free from danger and hazards which may
cause accidents or disease.
31. Structure that which is built or constructed, an edifice or building of any kind, or
any piece of work artificially built up or composed of parts joined together in some
definite manner.
32. Substandard dwelling any dwelling which does not conform to the minimum
standards established by City Ordinances.
33. Subplied paid for, fiunished by, provided by or under the control of the owner,
operator, or agent of a building.
City of Brooklyn Center 12-4 City Ordinance
34. Meaning of certain words whenever the words "dwelling", "dwelling unit",
"premises", "building", `or "structure" are used in this Ordinance, they shall be
construed as though they were followed by the words "or any part thereof'•
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City of Brooklyn Center 12-5 City Ordinance
Section 12-301. RE5PONSIBILITIES OF OWNERS AND OCCUPANTS. No owner or
other person shall occupy or let another person occupy any building, unless it and the premises aze
clean, sazutary, fit for human occupancy; and comply with all applicable legal requirements of the
State of Minnesota and the City of Brooklyn Center, including the following requirements.
Section 12-302. MAINTENANCE OF SHARED OR PUBLIC AREAS. Every owner of a
building sha11 maintain in a clean, sanitary and safe condition, the shared or public azeas of the
building and premises thereof.
Section 12-303. MAINTENANCE OF OCCUPIED AREAS. All occupants of a building,
shall maintain in a clean, sanitary and safe condition that part or those parts of the building, and
premises thereof that she/he occupies and controls.
Section 12-304. STORAGE AND DISPOSAL OF RUBBISH. All occupants of a building,
shall store and dispose of all their rubbish in a clean, sanitary, and safe manner as prescribed by
Chapter 7 of the City Ordinances.
Section 12-305. STORAGE AND DISPOSAL OF GARBAGE. All occupants of a building,
shall store and dispose of a11 their garbage and any other organic waste which might provide food for
insects and/or rodents in a clean, sanitary, and safe manner as prescribed by Chapter 7 of the City
Ordinances.
Section 12-306. RESPONSIBILITY FOR STORAGE AND DISPOSAL OF GARBAGE,
RUBBISH, AND RECYCLABLE MATERIALS. Every owner of a multiple family dwelling or
nonresidential building shall supply facilities for the sanitary and safe storage and disposal of rubbish
and gazbage. In the case of single- or two-family dwellings, it shall be the responsibility of the
occupant to furnish such facilities. Every owner of a multifamily dwelling containing more than
eight units must comply with the requirements of Section 7-113 of the City Ordinances.
Section 12-307. RESPONSIBILITY FOR STORM AND SCREEN DOORS AND
WINDOWS. The owner of a rental dwelling unit sha11 be responsible for providing and hanging all
screens and storm doors and storm windows whenever the same are required under the provisions of
this Ordinance, except where there is written agreement otherwise between the owner and occupant.
Section 12-308. RESPONSIBILITY FOR PEST EXTERMINATION. Every occupant of a
dwelling containing a single dwelling unit or an occupant of a nonresidential building containing a
single unit sha11 be responsible for the extermination of vermin infestations and/or rodents on the
premises. Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit or
an occupant of a nonresidential building containing more than one unit shall be responsible for such
extermination whenever their unit is the only one infested. Notwithstanding, however, whenever
infestation is caused by the failure of the owner to maintain a building in a reasonable rodent-proof
or reasonable vermin-proof condition, extermination shall be the responsibility of the owner.
Whenever infestation exists in two or more of the units in any building, extermination thereof shall
be the responsibility of the owner. Whenever extermination is the responsibility of the owner, the
externunation must be performed by a licensed pest control contractor.
City of Brooklyn Center 12-6 City Ordinance
Section 12-309. RODENT HARBORAGES PROHIBTTED IN OCCUPIED AREAS. No
sha11 accumulate boxes lumber scra metal, or an other similaz materials in
occupant of a bmlding P Y
such a manner that may provide a rodent hazborage in or about any dwelling unit or building. Stored
materials shall be stacked neatly.
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Section 12-310. RODENT HARBORAGE5 PROHIBITED IN PUBLIC AREAS. No owner
xes lumber scra metal or an other
't the accumulation of bo y
of a buildin sha11 accumulate or ermi P
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1 materials in such a manner that ma rovide a rodent harborage in or about shared or public
suni ar Y P
azeas of a building or its premises. Materials stored by the owner or permitted to be stored by the
owner shall be stacked neatly.
Section 12-311. PREVENTION OF FOOD FOR RODENTS. No owner or occupant of a
building shall store, place, or allow to accumulate any materials that may serve as food for mdents in
a site accessible to mdents.
Section 12-312. SANTTARY MAINTENANCE OF FI��TURES AND FACILTTIES. Every
occupant of a building shall keep all supplied fixtures and facilities therein in a clean and sanitary
condition and shall be responsible for the exercise of reasonable care in the proper use and operation
thereof.
Section 12-313. 1��]�TIMtJM HEATING CAPABILTTY AND MAINTENANCE. In every
dwelling unit or rooming unit when the control of the supplied heat is the responsibility of a person
other than the occupant, a temperature of at least 68 degrees Fahrenheit, or such lesser temperature
required by government authority, shall be maintained at a distance of three feet above the floor and
three feet from exterior walls in all habitable rooms, bathrooms, and water closet compartments from
September through May. Nonresidential buildings shall meet State of Minnesota regulations and
statute requirements.
Section 12-314. REMOVAL OF SNOW AND ICE. Every occupant of a dwelling
containing a single dwelling unit, and the owner of a multiple family dwelling or a nonresidential
building shall be responsible for the removal of snow and ice from parking lots, driveways, steps,
and walkways on the premises. Individual snowfalls of three inches or more, or successive snowfalls
accumulating to a depth of three inches, shall be removed from parking lots and driveways within 24
hours after cessation of the snowfall. Individual snowfalls of one inch or more, or successive
snowfalls accumulating to a depth of one inch, shall be removed from steps and walkways within
eight hours after cessation of the snowfall.
Section 12-315. 1��]�JIlVIUM EXTERIOR LIGHTING. The owner of a building shall be
responsible for providing and maintaining effective illumination in all exterior parking lots and
walkways.
Section 12-316. MAINTENANCE OF DRNING AND PARKING AREAS. The owner of a
building shall be responsible for providing and maintaining in good condition paved and delineated
parking azeas and driveways for tenants consistent with Chapter 35 of the City Ordinances.
City of Brooklyn Center 12-7 City Ordinance
Section 12-31'1. MAINTENANCE OF YARDS. T'he owner of a building shall be
responsible for providing and maintainnig premises' yards consistent with Section 12-711.
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City of Brooklyn Center 12-8 City Ordinance
,-Y Section 12-401. MIlVIlVJ[UM STANDARDS FOR BASIC EQUIPMENT AND FACILTTIES.
No person shall occupy as owner, occupant, or let to another for occupancy any dwelli.ng or dwelling
unit, for the purposes of living, sleeping, cooking, and eating therein, which does not comply with
the following requirements.
Section 12-402. KITCHEN FACILITIES. Every dwelling unit shall have a room or portion
of a room in which food may be prepared and/or cooked and which shall have adequate circulation
area, and which shall be equipped with the following:
1. An approved kitchen sink in good working condition and properly connected to an
approved water supply system and which provides at all times an adequate aznount of
heated and unheated running water under pressure, and which is connected to an
approved sewer system.
2. Cabinets andlor shelves for the storage of eating, drinking, and cooking equipment,
and utensils and of food that does not require refrigeration for safekeeping; and a
counter or table for food preparation. Said cabinets andlor shelves and counter or
table shall be adequate for the permissible occupancy of the dwelling unit and shall
be of sound construction furnished with surfaces that are easily cleanable and that
will not impart any toxic or deleterious effect to food.
3. A stove or similar device for cooking food, and a refrigerator or similar device for the
safe storage of food at or below 40 degrees Fahrenheit, which are properly installed
with a11 necessary connections for safe, sanitary and efficient operation. Provided
that such stove, refrigerator, or similar devices need not be installed when a dwelling
unit is not occupied and when the occupant is expected to provide same on
occupancy, in which case sufficient space and adequate connections for the
installation and operation of said stove, refrigerator or similaz device must be
provided.
Section 12-403. TOILET FACILITIES. Within every dwelling unit there sha11 be a
nonhabitable room which is equipped with an approved flush water closet in good working
condition. In a rental dwelling unit, such room shall have an entrance door which affords privacy.
Said flush water closet shall be equipped with easily cleanable surfaces, shall be connected to an
approved water system that at all times provides an adequate amount of running water under pressure
to cause the water closet to be operated properly, and shall be connected to an approved sewer
system.
Section 12-404. LAVATORY SINK. Within every dwelling unit there shall be an approved
lavatory sink. Said lavatory sink may be in the same room as the flush water closet, or if located in
another room, the lavatory sink shall be located in close proximity to the door leading directly into
the room in which said water closet is located. The lavatory sink shall be in good working condition
and shall be properly connected to an approved water supply system and shall provide at a11 times an i
adequate amount of heated and unheated running water under pressure, and shall be connected to an
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approved sewer system.
City of Brooklyn Center 12-9 City Ordinance
Section 12-405. BATHTUB OR SHOWER. Within every dwelling unit there sha11 be a
nonhabitable room which is equipped `with an appmved bathtub or shower in good working
condition. In a rental dwelling unit, such room shall have an entrance door which affords privacy.
Said bathtub or shower may be in the same room as the flush water closet, or in another room, and
shall be properly connected to an approved water supply system and shall provide at all times an
adequate amount of heated and unheated water under pressure, and shall be connected to an
approved sewer system.
Section 12-406. STAIRWAYS, PORCHES AND BALCONIES. Every stairway, inside or
outside of a dwelling and ev�ry porch or balcony, sha11 be kept in safe condition and sound repair.
Stairs and handrails sha11 conform to the Uniform•Building Code standazds. Every deck, porch and
balcony which is 30 inches or more above grade shall have a guardrail that conforms to the Uniform
Building Code standards. Every handrail and guazdrail sha11 be firmly fastened and maintained in
good condition. No flight of stairs shall have settled out of its intended position or have pulled away
from the supporti.ng or adjacent structures enough to cause a hazazd. No flight of stairs shall have
rotting, loose, or deteriorating supports. Excepting spiral and winding stairways, the treads and risers
of every flight of stairs shall be uniform in width and height. Stairways shall be capable of
supporting a live load of 100 pounds per squaze foot of horizontal projection.
Section 12-407. ACCESS TO DWELLING LTNTT. Access to or egress from each dwelling
unit shall be provided without passing through any other dwelling unit.
Section 12-408. DOOR LOCKS. No owner shall occupy nor let to another for occupancy
any dwelling or dwelling unit unless all exterior doors of the dwelling or dwelling unit are equipped
with safe, functioni.ng locking devices. Multiple fazruly dwellings shall be fuinished with door locks
as follows:
1. For the purpose of providing a reasonable amount of safety and general welfare for
persons occupying multiple family dwellings constructed after May 5, 1969, an
approved security system shall be maintained for each multiple family building to
control access. The security system sha11 consist of locked building entrance or foyer
doors, and locked doors leading from hallways into individual dwelling units. Dead-
latch type door locks shall be provided with lever knobs (or doorknobs) on the inside
ofbuilding entrance doors and with key cylinders on the outside of building entrance
doors. Building entrance door latches shall be of a type that aze permanently locked
from the outside and permanently unlocked from the inside.
2. Every door that is designed to provide ingress or egress for a dwelling unit within a
multiple family building shall be equipped with an approved lock that has a
deadlocking bolt that cannot be retracted by end pressure, provided, however, that
such door shall be openable from the inside without the use of a key or any special
knowledge or effort.
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City of Brooklyn Center 12-10 City Ordinance
Section 12-501. MINIMLTM STANDARDS FOR LIGHT AND VENTILATION. No person
shall occupy as owner, occupant or let to another for occupancy any dwelling or dwelling unit, for
the purpose of living therein, which does not comply with the following requirements.
Section 12-502. HABITABLE ROOM LIGHT AND VENTILATION. Except where there
is supplied some other device affording adequate ventilation and approved by the compliance
official, every habitable room shall have at least one window facing directly outdoors which can be
opened easily. The minimum total of openable window area in every habitable room shall be the
greater of 10% of the floor area of the room or ten square feet. One half of the required window azea
shall be openable.
Section 12-503. NONHABITABLE ROOM VENTILATION. Every bathroom and water
closet compartment, and every laundry and utility room shall contain at least 50% of the ventilation
requirement for habitable rooms contained in Section 12-502, except that no windows sha11 be
required if such rooms aze equipped with a ventilation system which is appmved by the compliance
official.
Section 12-504. ELECTRIC SERVICE, OUTLETS AND FIXTiJRES. Every dwelling unit
and all public and common areas shall be supplied with electric service, functioning overcurrent
protection devices, electric outlets, and electric fixtures which aze properly installed, which shall be
maintained in good and safe working conditions, and shall be connected to a source of electric power
in a manner prescribed by the Ordinances, rules and regulations of the City of Brooklyn Center and
by, the laws of the State of Minnesota. The minimum capacity of such electric service and the
minimum number of electric outlets and fixtures shall be as follows:
1. Dwelling containing one or two dwelling units shall have at least the equivalent of
60-ampere, three-wire electric service per dwelling unit.
2. Dwelling units shall have at least one branch electric circuit for each 600 square feet
of dwelling unit floor azea.
3. Every habitable room shall have at least one floor or wall-type electric convenience
outlet for each 60 square feet or fraction thereof of total floor area, and in no case less
than two such electric outlets provided, however, that one ceiling or wall-type light
fixture may be supplied in lieu of one required electric outlet.
4. Every water closet comparlment, bathroom, kitchen, laundry room, and furnace room
shall contain at least one supplied ceiling or wall-type electric light fixture and every
bathroom, kitchen, and laundry room shall contain at least one electric convenience
outlet.
5. Every public corridor and stairway in every mulriple family dwelling shall be
adequately lighted by natural or electric light at all times at one foot candle at floor
level, so as to provide effective illumination in all parts thereof. Every public
corridor and stairway in structures containing not more than two dwelling units may
City of Brooklyn Center 12-11 City Ordinance
be supplied with conveniently located light switches controlling an adequate lighting 3
system which may be turned on when needed, instead of full-time li g htin
g
6. A convenient switch or equivalent device for turning on a light in each dwelling unit
sha11 be located near the point of entrance to such unit.
Section 12-601. MINIMLJM TI�RMAL STANDARDS. No person sha11 occupy as owner,
occupant or let to another for occupancy any building or portion thereof, which does not have heating
facilities which are properly installed, and which are maintained in safe and good working condition,
and which aze capable of safely and adequately heating a11 habitable moms, bathroom, and water
closet comparkments in every. dwelling unit located therein to a temperature of at least 68 degrees
Fahrenheit, or such lesser temperature required bq government authority, at a distance of three feet
above floor level and three feet from exterior walls. Gas or electric appliances designed primarily for
cooking or water heating purposes sha11 not be considered as heating facilities within the meaning of
this section. Portable heating equipment employing flame and the use of liquid fuel does not meet
the requirements of this section and is prohibited. No owner or occupant shall install, operate or use
a space heater employing a flame that is not vented outside the shucture in an approved manner.
;r
City of Brooklyn Center 12-12 City Ordinance
Section 12-701. GENERAL REQUIItE1V�TITS No person shall occupy as owner, occupant
or let to another for occupancy, any building or portion thereof which does not comply with the
following requirements, unless specifically exempt.
Section 12-702. FOUNDATIONS, EXTERIOR WALLS AND ROOFS. The foundation,
exterior walls, and exterior roof sha11 be substantially water tight and protected against vennin and
rodents and shall be kept in sound condition and repair. The founda.tion element shall adequately
support the building at all points. Every exterior wa11 shall be free of deterioration, holes, breaks,
loose or rotting boazds or timbers, and any other condition which might admit rain or dampness to
the interior portion of the walls or to the exterior spaces of the building. The roof shall be tight and
have no defects which admits rain, and roof drainage sha11 be adequate to prevent rain water from
causing dampness in the walls. All exterior wood surfaces, other than decay resistant woods, shall
be protected from the elements and decay by paint or other protective covering or treatment. If the
exterior surface is unpainted or determined by the compliance official to be paint blistered, the
surface shall be painted. If the exterior surface of the pointing of any brick, block or stone wall is
loose or has fallen out, the surface shall be repaired.
Section 12-703. WIl�TDOWS, DOORS AND SCREENS. Everywindow, exterior door, and
other exterior openings shall be substantially tight and shall be kept in sound condition and repair.
Every window, other than a fixed window or storm window, shall be capable of being easily opened.
Every window, door and frame shall be constructed and maintained in such relation to the adjacent
wall construction as to completely exclude rain, wind, vermin and rodents from entering the
building. Every openable window shall be supplied with 16-mesh screens during the insect season,
and shall be equipped with an approved lock if located less than six feet above adjacent grade.
Section 12-704. FLOORS, INTERIOR WALLS AND CEII,INGS. Every floor, interior wall,
and ceiling shall be adequately protected against the passage and harborage of vermin and rodents,
and shall be kept in sound condition and good repair. Every floor shall be free of loose, warped,
protruding or rotted flooring materials. Every interior wall and ceiling shall be free of holes and
large cracks and loose plaster and shall be maintained in a tight, weatherproof condition. Toxic paint
and materials with a lasting toxic effect shall not be used. The floor of every toilet room, bathroom,
and kitchen shall have a smooth, hard, nonabsorbent surface and shall be capable of being easily
maintained in a clean and sanitary condition.
Section 12-705. RODENT PROOF. Every structure and the premises upon which it is
located shall be maintained in a rodent-free and rodent-proof condition. All openings in the exterior
walls, foundations, basements, ground or first floors, and roofs which have a 1/2" diameter or larger
opening shall be rodent-proofed in an approved manner. Interior floors or basements, cellars and
other areas in contact with the soil shall be paved with concrete or other rodent impervious material.
Section 12-706. FENCE MAINTENANCE. All fences shall consist of inetal, wood,
masonry, or other decay resistant material. Fences sha11 be maintained in good condition both in
appearance and in structure. Wood material, other than decay resistant varieties, shall be protected
against decay by use of paint or other preservatives. Paint shall be maintained consistent with
Section 12-702.
City of Brooklyn Center 12-13 City Ordinance
Section 12-707. ACCESSORY STRUCTURE MAINTENANCE. Accessory structures or
b u i l d i n g s s h a 1 1 be s t r uc t u r a l ly soun d, an c be maintain e d in good repair and appearance. The exterior
of such structures shall be made weather resistant through the use of decay-resistant materials such as
paint or other preservatives. Paint shall be maintained consistent with Section 12-702.
Section 12-708. SAFE BUII.,DING ELEMENTS. Every foundation, roof, floor, exterior and
interior wa11, ceilings, inside and outside stair, every porch and balcony, and every appurtenance
thereto, shall be safe to use and capable of supporting loads required by the occupancy.
Section 12-709. FACII,TTIES TO FUNCTION. Every supplied facility, piece of equipment
or utility required under City Ordinances and every chimney and flue shall be installed and
maintained and shall function effectively in a safe, sound, and working condition.
Section 12-710. GRADING AND DRAINAGE. During the period May through October
every yard, court, passageway, and other portions of the premises on which a building stands shall be
graded and dra.ined so as to be free of standing water that constitutes a detriment to health and safety.
Section 12-711. YARD COVER Every yard of a premises on which a building stands sha11
be provided with lawn or combined ground cover of vegetation, gazden, hedges, shrubbery, and
related decorative materials and such yazd shall be maintained consistent with prevailing community
standazds. Nonresidential sites shall be maintained in accordance with an approved City landscape
plan and sha11 be supplied with an irrigation system.
Section 12-712. DISCONTINUANCE OF SERVICE OR FACILTTIES. No owner, operator,
or occupant shall cause any service, facility, equipment or utility which is required under this
Ordinance, to be removed from or shut off from or discontinued for any occupied building or portion
thereof, except for such temporary interruptions- as may be necessary while actual repairs or
alterations are in process, or during temporary emergencies.
Section 12-713. SCREENIlVG. All outside trash disposal facilities, recycling containers, and
outside or rooftop mechanical equipment sha11 be screened from view by an opaque fence or wall
high enough to completely screen the equipment.
v
City of Brooklyn Center 12-14 City Ordinance
Section 12-801. MA��IlVIUM DENSTTY, 1��D�TIlVIUM SPACE, USE AND LOCATION
REQUIltEMENfS. No person shall occupy nor permit or let to be occupied any dwelling or
dwelling unit for the purpose of living therein, which does not comply with the following
requirements.
Section 12-802. PERMISSIBLE OCCUPANCY OF DWELLING LJNIT. With the
exception of owners occupying a respective dwelling unit prior to June 1, 1975, the maximum
permissible occupancy of any dwelling unit sha11 be determined as follows:
1. For the first occupant, 150 square feet of habitable room floor space and for every
additional occupant thereof, at least 100 squaze feet of habitable room floor space.
2. In no event shall the total number of occupants exceed two times the number of
habitable rooms, less kitchen, in the dwelling unit.
Section 12-803. ONE FAMILY PER DWELLING IJNIT. Not more than one family, except
for temporary guests, shall occupy a dwelling unit.
Section 12-804. MINIMUM CEILING HEIGHT. In order to qualify as habitable, rooms
shall have a clear ceiling height of not less than seven feet, six inches, except that in attics or top-half
stories used for sleeping, study, or similar activities, the ceiling height shall be not less than seven
feet six inches over at least one-half of the floor area. In calculating the floor area of such rooms in
attacs or top-half stories, only those portions of the floor azea of the room having a clear ceiling
lieight of five feet or more may be included.
Section 12-805. ACCESS THROUGH SLEEPING ROOMS AND BATHROOMS. No
dwelling unit built after 1940 and containing two or more sleeping rooms shall have a room
arrangement such that access to a bathroom or water closet compartment intended for use by
occupants of more than one sleeping room can be gained only by going through another sleeping
room, nor shall the room arrangement be such that access to a sleeping room can be gained only by
going through another sleeping room. A bathroom or water closet compartment shall not be used as
the only passageway to any habitable room, hall, basement or cellar or to the exterior of any dwelling
unit.
City of Brooklyn Center 12-15 City Ordinance
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 in�luence that fosters blight and deterioration or creates a
disincentive to reinvestment in the comxnunity. The operation of rental residential pmperties is a
business enterprise that entails certain responsibilities. Operators aze responsible to take such
reasonable steps as aze necessary to assure that the citizens of the City who occupy such units may
pursue the quiet enj oyment of the normal activities of life in surroundings tha.t aze: safe, secure and
sanitazy; free from noise, nuisances or annoyances; free from unreasonable fears about safety of
persons and security of property; and suitable for raising children.
Section 12-901. LICENSING OF RENTAL LTNTTS,
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. 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, regulaz and
provisional, will be reviewed every six months after the beginning of the license term
to deternune the license status.
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.
4. Condition of License. Prior to issuance or renewal of a license and at a11 times during
the license term, a license holder must be current on the payment of all utility fees,
taxes, and assessments due on the licensed property and any other rental real property
in the City owned by the license holder. In the event a suit has been commenced
under Minnesota Statutes, Section 278.01-278.03, questioning the amount or validity
of taxes, the City Council may on application waive strict compliance with this
provision; no waiver may be granted, however, for taxes or any portion thereof which
remain unpaid for a period exceeding one (1) yeaz after becoming due.
Section 12-902. LICENSE FEES. License fees, as set forth by City Council resolution, shall
be due 90 days prior to the license expiration date; in the cases of new unlicensed dwellings, license
fees shall be due upon issuance of the certificate of occupancy.
A delinquency penalty of 5% of the license fee for each day of operation without a valid
license shall be charged operators of rental dwellings. Once issued a license is nontransferable and
the licensee shall not be entitled to a refund of any license fee upon revocation or sus ension•
P
City ofBrooklyn Center 12-16 Ciry Ordinance
however, the licensee sha11 be entitled to a license fee refund, prorated monthly, upon pmof of
transfer of legal control or ownership. If an applicant withdraws an application prior to issuance of a
license, the fee sha11 be refunded after'deducting the costs of inspection and any other costs and
expenses incurred by the City in connection with receiving and processing the application
A fee, as set by City Council resolution, shall be charged for all reinspections necessary after
the first reinspection. The reinspection fee(s) will be payable at the time of license renewal for the
properiy, in the case of rental housing and at the time of recertification of occupancy for
nonresidential properties.
Section 12-903. OWNER OR AGENT TO APPLY. License application or renewal shall be
made by the owner of rental units or his legally constituted agent. Application forms may be
acquired from and subsequently filed with the compliance official. The applicant sha11 supply:
1. First, middle (if any), and last name, address, date of birth, and telephone number of
dwelling owner, owning partners if a partnership, corporate officers if a corporation.
2. Name, address, and telephone number of designated resident agent, if any.
3. Name, address, and telephone number of vendee, if the dwelling is being sold
through a contract for deed.
4. Lega1 address of the dwelling.
5. Number o f dwe l ling iuu ts wrt h i n t he d w e l l i n g.
6. Description of procedure through which tenant inquiries and complaints aze to be
processed.
7. Status of utility fees, property taxes, and other assessments on the dwelling and other
rental real property in the city owned by the applicant.
Every person holding an operating license shall give notice in writing to the compliance
official within five business days after any change of this information. Notice of transfer of
ownership sha11 be as described in Section 12-908.
Section 12-904. RESIDENT AGENT REQUIRED. No operating license shall be issued or
renewed for a nonresident owner of rental dwelling units (one who does not reside in any of the
following Minnesota counties: Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, or Washington)
unless such owner designates in writing to the compliance official the name of his resident agent
(one who does reside in any of the following Minnesota counties: Hennepin, Ramsey, Anoka,
Carver, Dakota, Scott, or Washington) who is responsible for maintenance and upkeep and who is
legally constituted and empowered to receive service of notice of violation of the provisions of the
City Ordinances, to receive orders and to institute remedial action to effect such orders and to accept
all service or process pursuant to law. The compliance official shall be notified in writing of any
City of Brooklyn Center 12-17 City Ordinance
change of resident agent. I
Section 12-905. CONFORMANCE TO LAWS. No operating license shall be issued or
renewed unless the rental dwelling and its prexnises conform to the Ordinances of Brooklyn Center
and the laws of the State of Minnesota.
Section 12-906. INSPECTION CONDTTION. No operating license shall be issued or
renewed unless the owner of rental units agrees in his application to permit inspections pursuant to
Section 12-1041.
Section 12-907. POSTING OF LICENSE. Every licensee of a multiple dwelling shall cause
to be conspicuously posted in the main entryway �r other conspicuous location therein the current
license for the respective multiple dwelling.
Section 12-908. LICENSE NOT TRANSFERABLE. No operating license shall be
transferable to another person or to another rental dwelling. Every person holding an operating
license shall give notice in writing to the compliance official within five business days after having
legally transferred or otheiwise disposed of the legal control of any licensed rental dwelling. Such
notice shall include the name and address of the person succeeding to the ownership or control of
such rental dwelling or dwellings.
Section 12-909. OCCUPANCY REGISTER REQUIRED. Every owner of a licensed rental
dv�rElling containing three or more dwelling units shall keep, or cause to be kept, a current re g ister of
occupancy for each dwelling unit which provides the following information:
1. Dwelling unit address.
2. Number of bedrooms in dwelling unit.
3. Names of adult occupants and number of adults and children (under 18 years of age)
currently occupying the dwelling units.
4. Dates renters occupied and vacated dwelling units.
5. A chronological list of complaints and requests for repair by dwelling unit occupants,
which complaints and requests are related to the provisions of this Ordinance.
6. A similaz chronologicallist of all corrections made in response to such requests and
complai�ts.
Such register shall be made available for viewing or copying by the compliance official at all
reasonable times.
All nonresidential properties shall keep, or cause to be kept, a current register of occupancy
for each building which provides the following:
City of Brooklyn Center 12-18 City Ordinance
'^l 1. Building address.
2. List of a11 tenants occupying building.
3. Nature of business conducted by each tenant in building.
4. Contact person for each tenant.
5. Gross floor azea leased by each tenant.
Section 12-910. LICENSE SUSPENSION, REVOCATION, DENIAL AND NON-
RENEWAL.
1. Every license issued under the provisions of this Chapter is subject to suspension or
revocation by the City Council.
2. In the event that a 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
license may be restored by the City Council. I
3. Any person violating this section shall be guilty of a misdemeanor, and upon
conviction thereof sha11 be punished by a fine of not more than one thousand dollars I
($1,000) or by imprisonment not to exceed ninety (90) da.ys or both, together with the I
costs of prosecution. Each day of each violation sha11 constitute a separate I
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 tlus 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. failure to comply with the provisions of an approved mitigation plan
in the case of rovisional licenses.
P
e. failure to operate or maintain the licensed premises in confornuty
with all applicable state laws and codes and this Code of Ordinances.
City of Brooklyn Center 12-19 City Ordinance
f. any other violation of this Chapter.
5. Revocation, suspension and non-renewal may be brought under either this �I�
Section or Section 12-911, or both.
I
6. A regular license may be revoked at the end of any six-month review period, I
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.
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 sha11 issue a decision to deny, not renew, suspend or revoke a license
only upon written findings.
8. The Council may suspend or revoke a license or not renew a license for part or a11 of
a facility.
9. Licenses may be suspended for up to ninety (90) days and may, after the period of
suspension, be reinstated subj ect to compliance with this Chapter and any conditions
imposed by the City Council at the time of suspension. Licenses that aze 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 sazne facility will be
accepted for the period of time specified in the Council's written decision, which
shall not exceed one yeaz. 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 a11 other fees required by this Chapter.
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 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
City of Brooklyn Center 12-20 City Ordinance
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 reinstat� the hcense, notwithstanding any lixnitati the period of
suspension, revocation or non-renewal specified in the City Council's written
decision or in paragraph 8. of this Section.
Section 12-911. CONDUCT ON LICENSED PREMISES.
1. It shall be the responsibility of the licensee to see that persons occupying the licensed
p;emises conduct themselves in such a manner as not to cause the premises to be
disorderly. For purposes of this Section, a premises is disorderly at wluch any of the
following activities occur:
a. Violation of Section 19-1202 (Noise Abatement).
b. Violation of Section 19-1121(LTnlawful Possession, Delivery or Purchase) or
violation of laws relating to the possession of controlled substances as
defined in Minnesota Statutes Section 152.01, Subdivision 4.
c. Violation of Section 19-202 (Disturbing the Peace).
d. The unlawful sale of intoxicating liquor or 3.2 percent malt liquor.
e. Violation of laws relating to gambling.
f. Violation of laws relating to prostitution as defined in Minnesota Sta.tutes,
Section 609.321, Subdivision 9, or acts relating to prostitution.
g. Unlawful use or possession of a fireazm in violation of Minnesota Statutes,
Section 609.66, Subdivision la, 609.67, or 624.713.
2. The City Manager shall be responsible for enforcement and administra.tion of this
Ordinance. Authority to take any action authorized under this section may be
delegated to the City Manager's authorized designee.
3. Upon determination by the City Manager that a licensed prenuses was used in a
disorderly manner, as described in paragraph 1, the City Manager shall give notice to
the licensee of the violation and direct the licensee to take steps to prevent further
violations.
4. If another instance of disorderly use of the licensed premises occurs within three (3)
months of an incident for which a notice in paragraph 3 was given, the City Manager
shall notify the licensee of the violation and shall also require the licensee to submit a
written report of the actions taken, and proposed to be taken, by the licensee to
prevent further disorderly use of the premises. This written report shall be submitted
City of Brooklyn Center 12-21 City Ordinance
to the City Manager within five (5) days of receipt of the notice of disorderly use of
the premises and shall detail all actions taken by the licensee in response to all D
notices of disorderly use of the premises within the preceding three (3) months.
5. If another instance of disorderly use of the licensed premises occurs within three (3)
months after any two previous instances of disorderly use for wluch notices were
given to the licensee pursuant to this section, the rental dwelling license for the
premises may be denied, revoked, suspended or not renewed. An action to deny,
revoke, suspend, or not renew a license under this section shall be initiated by the
City Manager who shall give to the licensee written notice of a hearing before the
City Council to consider such denial, revocation suspension or nonrenewal. Such j
written notice sha11 specify all violations of this section, and shall state the date, time,
place and purpose of the hearing. The hearing sha11 be held no less than ten (10) days
and no more than thirty (30) days after giving such notice.
i
Following the hearing, the council may deny, revoke, suspend or decline to renew the
license for all or any part or parts of the licensed premises or may grant a license
upon such terms and conditions as it deems necessary to accomplish the purposes of
this section.
6. No adverse license action shall be imposed where the instance of disorderly use of
the licensed premises occurred during the pendency of eviction proceedings
(unlawful detainer) or within thirty (30) days of notice given by the licensee to a
tenant to vacate the premises where the disorderly use was related to conduct by that
tenant or by other occupants or guests of the tenant's unit. Eviction proceedings shall
not be a baz to adverse license action, however, unless they are diligently pursued by
the licensee. Further, an action to deny, revoke, suspend, or not renew a license
based upon violarions of this section may be postponed or discontinued at any time if
it appeazs that the licensee has taken appropriate measures which will prevent further
instances of disorderly use.
7. A determination that the licensed premises have been used in a disorderly manner as
described in pazagraph 1 shall be made upon substantial evidence to support such a
determination. It sha11 notbe necessary that criminal charges be brought in order to
support a determination of disorderly use, nor shall the fact of dismissal or acquittal
of such a criminal charge operate as a baz to adverse license action under this section.
8. All notices given by the City under this section shall be personally served on the
licensee, sent by registered mail to the licensee's last known address or, if neither
method of service effects notice, by posting on a conspicuous place on the licensed
premises.
9. Enforcement actions pmvided in this section shall not be exclusive, and the City
Council may take any action with respect to a licensee, a tenant, or the licensed
premises as is authorized by this Code or state law. �w
City of Brooklyn Center 12-22 City Ordinance
,.r::�.,
Section 12-912. NO RETALIATION. No licensee sha11 evict, threaten to evict or take any
other unitive acrion against any tenant by reason of good faith calls made by such tenant to law
P
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.
City of Brooklyn Center 12-23 City Ordinance
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 yeaz period as
specified below are eligible only for provisional licenses. Properties with provisional
licenses may qualify for a regulaz license only after a one year period with fewer than
.65 police or fire calls per dwelling unit.
a. Police and fire ca11s that are counted in determining whether a
provisionallicense is required include the following types of calls or
events, all of which are hereby declared to constitute a nuisance or
other disorderly conduct:
(i) calls or events listed in Section 12-911;
(ii) ca11s or events categorized as part one crimes in the Unifoixn
Crime Reporting System, including homicide, rape, robbery,
aggravated assault, burglary, theft, auto theft and arson;
(iii) calls or events categorized by the police deparlment as one of
the following:
a) Fireazms (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)
fl Loud pazties City Ordinance 19-1201
g) Prostitution (Minn Stat. 609.321)
h) Noise cazs/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 Sth degree non-domestic City Ordinance
19-204
o) Public disturbance City Ordinance 19-202
p) Fire alarms City Ordinance 5-112
c� Interference with a peace officer (Minn Stat. 609.50)
r) Unlawful assembly (Minn Stat. 609.705) City
City of Brooklyn Center 12-24 City Ordinance
Ordinance 19-1105
s) Presence at unlawful assembly (Minn Stat. 609.175)
t) Terronst threats (Muin Stat. 609.713)
u) Loitering City Ordinance 19-201 i
(iv) The City Manager may determine that multiple incidents shall
be counted as a single ca11 in appropriate cases.
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, 3ecdon 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 opporhxnity to be heard and
present evidence, the Council sha11 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 sha11 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 ineasures 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 provisionallicense, the Council will also
consider the effectiveness of ineasures identified in the applicant's previous
mitigation plan and the need for different or additional measures to reduce police and
fire calls.
4. The licensee shall comply with the mitigation plan as approved or modified by the
City of Brooklyn Center 12-25 City Ordinance
Council. No later than the tenth day after each calendar month, the licensee shall
a
mail or deliver to the City Manager a written report describing all steps taken in
furtherance of the mitiga�ion plan during the preceding month.
Section 12-914. TENANT BACKGROUND CHECKS.
1. All licensees will conduct crixninal background checks on a11 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 pmspective 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 a11 misdemeanor, gross misdemeanor, and felony convictions.
City of Brooklyn Center 12-26 City Ordinance
Section 12-1001. ENFORCEMENT AND INSPECTION AU'THORTTY. The City Manager
and his designated agents shall be the compliance official who shall administer and eriforce the
rovisions of this Ordinance and who is hereb authorized to cause ections on a scheduled basis
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for rental dwelling units, and other buildings when reason exists to believe that a violation of this
Ordinance has been or is being coxnmitted. Inspections shall be conducted during reasonable
daylight hours, and the compliance official shall present evidence of official capacity to the occupant
in charge of a respective dwelling unit.
Section 12-1002. INSPECTION ACCESS. Any owner, occupant, or other person in charge
of a building may refuse to pernut free access and entry to the structure or premises under his control
for inspection pursuant to this Ordinance, whereupon the compliance official may seek a court order
authorizing such inspection.
Section 12-1101. UNFIT FOR F[1:JMAN HABTTATION.
1. Any building or portion thereof, which is damaged, decayed, dilapidated, insanitary,
unsafe, vermin or rodent infested, or which lacks provision for basic illumination,
ventilation or sanitary facilities to the extent that the defects create a hazard to the
health, safety or welfare of the occupants or of the public may be declazed unfit for
human habitation. Whenever any building or premises has been declared unfit for
human habitation, the compliance official shall order same vacated within a
reasonable time and sha11 post a placard on same indicating that it is unfit for human
habitation, and any operating license previously issued for such dwelling shall be
revoked.
2. It shall be unlawful for such building or portion thereof to be used for human
habitation until the defective conditions have been corrected and written approval has
been issued by the compliance official. It shall be unlawful for any person to deface
or remove the declaration placazd from any such building.
Section 12-1102. SECURE UNFIT AND VACATED BUII,DINGS. The owner of any
building or portion thereof, which has been declared unfit for human habitation, or which is
otherwise vacant for a period of 60 days or more, sha11 make sazne safe and secure so that it is not
hazardous to the health, safety and welfare of the public and does not constitute a public nuisance.
Any vacant building open at doors or windows, if unguazded, shall be deemed to be a hazard to the
health, safety and welfare of the public and a public nuisance within the meaning of this Ordinance
and shall be made safe and secure immediately.
Section 12-1103. HAZARDOUS BUII.,DING DECLARAT'ION. In the event that a building
has been declared unfit for human habitation and the owner has not remedied the defects within a
prescribed reasonable time, the building may be declared a hazardous building and treated consistent
with the provisions of Minnesota Statutes.
City of Brooklyn Center 12-27 City Ordinance
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 sha11 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 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 l 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 license suspension, revocation or
non-renewal may be undertaken by the City whether or not a compliance order has been issued.
Section 12-1202. RIGHT OF APPEAL. When it is alleged by any person to whom a
compliance order is directed that such compliance order is based upon erroneous interpretation of
this Ordinance, such person may appeal the compliance order to the City Council sitting as a board
of appeals. Such appeals must be in writing, must specify the grounds for the appeal, must be
accompanied by a filing fee as set forth per council resolution, in cash or cashier's check, and must
be filed with the department of planning and inspection within five (5) business days after service of
the compliance order. The filing of an appeal shall stay all proceedings in furtherance of the action
appealed from, unless such a stay would cause imminent peril to life, health, or property.
Section 12-1203. BOARD OF APPEAL5 DECISION. Upon at least five (5) business days
notice to the appellant of the time and place for hearing the appeal, and within thirty (30) days after
said appeal is filed, the board of appeals shall hold a hearing thereon, taking into consideration any
advice and recommendation from the advisory housing commission. The board of appeals may
reverse, modify, or affirm, in whole or in part, the compliance order and may order return of a11 or
part of the filing fee if the appeal is upheld.
Section 12-1204. RESTRICTIONS ON TRANSFER OF OWNERSHIP. It shall be unlawful
City of Brooklyn Center 12-28 City Ordinance
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for the owner of any building, or portion thereof, upon whom a pending compliance order has been
served to sell, transfer, mortgage, lease or othervvise dispose thereof to another person until the
rovisions of the ta or com liance order have been com lied with, unless such owner shall furnish
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to the grantee, lessee, or mortgagee a true copy of any notice of violation or compliance order and
shall obtain and possess a receipt of acknowledging. Anyone securing an interest in the building, or
portion thereof, who has received notice of the existence of a violation tag or compliance order shall
be bound by same without further service of notice and sha11 be liable to all penalties and procedures
provided by this Ordinance.
Section 12-1205. PENALTIES. Any persbn who fails to comply with a compliance order
after right of appeal has expired, and any person who fails to comply with a modified compliance
order within the time set therein, upon conviction•therefor shall be punished by a fine not to exceed
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 such failure to comply shall constitute a separate
punishable offense.
Section 12-1206. EXECUTION OF COMPLIANCE ORDERS BY PUBLIC AUTHORTTY.
Upon failure to comply with a compliance order within the tune set therein and no appeal having
been taken, or upon failure to comply with a modified compliance order within the time set therein,
the criminal penalty established hereunder notwithstanding, the City Council may, by resolution,
following a hearing upon not less than ten (10) days notice to the landowner cause the cited
deficiency to be remedied as set forth in the compliance order. The cost of such remedy shall be a
lien against the subject real estate and may be levied and collected as a special assessment in the
xnanner provided by Minnesota Statutes, Chapter 429, but the assessment sha11 be payable in a single
installment.
City of Brooklyn Center 12-29 City Ordinance
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Section 12-1301. ALTERNATIVE SANCTIONS. Notwithstanding the availability of the �3
foregoing compliance pmcedures and the penalties, whenever the compliance official determines that
any building, or portion thereof, or the premises surrounding any of these fails to meet the
requirements set forth m tlus Ordmance, the comphance official may issue a violat�on tag
summoning the responsible person into court or request the issuance of a criminal complaint and
arrest warrant.
Section 12-1302. PENALTIES. Any person violating any of the provisions of this
Ordinance by doing any act or omitting to do any act which constitutes a breach of any section of this
Ordinance, shall, upon conviction thereof by lawful authority, be punished by a fine not to exceed
one thousand dollazs ($1,000) or by imprisonment not to exceed ninety (90) days or both, together
with the costs of prosecution. Each day that a�violation continues shall be deemed a separate
punishable offense. No provision of this Ordinance designating the duties of any official or
employee of the City shall be so construed as to make such official or employee liable for the penalty
provided in this section because of failure to perform such duty, unless the intention of the City
Council to unpose such penalty on such official or employee is specifically and cleazly expressed in
the section creating the duty.
Section 12-1401. SEPARABILTTY. Every section, provision, or part of this Ordinance is
declazed separable from every other section, provision, or part to the extent that if any section,
provision or part of the Ordinance shall be held invalid, it sha11 not invalidate any other section,
provision or part thereof.
City of Brooklyn Center 12-30 City Ordinance