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HomeMy WebLinkAbout2003 02-18 HCA AGENDA Brooklyn Center Housing Commission February 18, 2003 7 p.m. Council/Commission Room Brooklyn Center City Hall 1. Call to Order: 7 p.m. 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes January 21, 2003 5. Chairperson's Report 6. Review Revised Draft of Rental Licensing Ordinance 7. Discussion: Joint Meeting with City Council Note: Agenda Item Requested by Councilmember Carmody 8. Other Business 9. Adjournment: 8:30 p.m. MEMOR.ANDUM TO: Chairperson Mark Yelich and Housing Commission Members FROM: Tom Bublitz, Community Development Specialist �I� 1� DATE: February 13, 2003 SLTBJECT: Revised Draft of Rental Licensing Ordinance A revised draft of an ordinance pertaining to the licensing of rental units in the City of Brooklyn Center is included in your agenda packets. The revisions include: Establishes over one call for service per unit per year as provisional license activation point. Calls for service are counted for a one year period prior to license renewal. Specific statute and ordinance references are included in the draft ordinance which wil� be used to establish calls for service counts. Tenant background check language has been added. The language relative to the license period remains at two years in the draft ordinance. Staff is still reviewing the feasibility of reducing this to a one year license renewal as recommended by the Housing Commission. Staff will report verbally on this item at the meeting. Chairperson Yelich requested information relative to ownership of apartments in the city. Enclosed is a copy of the city's current Apartment Directory, which shows ownership of apariment complexes with four or more units. DR CITY OF BROOKLYN CENTER ��T Notice is hereby given that a public hearing will be held on the day of I ,'2003, at 7:U0 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Ple�se notify the personnel coordinator at 612-569-3303 to make arrangements. ORDINANCE NO. AN ORDINANCE PERTAINING TO THE LICENSING OF RENTAL ITNITS IN THE CITY OF BROOKLYN CENTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 12 is hereby amended to add new section 12-900 as follows: Section 12-900. PURPQSE. It is the nurpose of this section to assure that rental housin� in the citv is decent, safe and sanitarv and is so onerated and maintained as not to become a nuisance to the nei�hborhood or to become an influence that fosters bliQht and deterioration or creates a disincentive to reinvestment in the communitv. The oneration of rental residential nronerties is a business enternrise that entails certain resnonsibilities. Onerators are resnonsible to take such reasonable steros as are necessarv to assure that the citizens of the citv who occunv such units mav nursue the auiet eniovment of the normal activities of life in surroundin�s that are: safe. secure and sanitarv: free from noise. nuisances or annovances: free from unreasonable fears about safetv of nersons and securitv of nrobertv; and suitable for raising children. Section 2. Section 12-901 of Chapter 12 is hereby amended as follows: Section 12-901. LICENSING OF RENTAL iJNITS. 1. License Reauired. 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 twes of licenses: re�ular and nrovisional. [Each such operating license shall be issued biennially and shall expire on the anniversary date of issuance.] Provisional licenses are defined in Section 12-912. 2. License Term. Re�ular licenses will be issued for a neriod of two vears. Provisional licenses will be issued for a veriod of six months. 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 QRqF T determined that all life, health safety violations or discrepancies have been corrected. Section 3. Section 12-914 of Cha ter 12 is hereb amended as follows: P Y Section 12-910. LICENSE SUSPENSION'[OR], REVOCATION. DENIAL AND NON- RENEWAL. l. Every operating license issued under the provisions of this Chapter is subject to suspension or revocation by the City Council. 2. In the event tkat an operating license is suspended or revoked by the City Council, it shall be unlawful for the owner or the owner's duly authorized agent to thereafter permit any new occupancies of vacant or thereafter vacated rental units until such time as a valid operating license may be restored by the City Council. 3. Any person violating this section sh�ll 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 iznprisonment not to exceed ninety (90) days or both, together with costs of prosecution. Each day of each violation shall constitute a separate punishable offense. 4. The Council may revoke, suspend or decline to renew any .license issued under this Chapter upon any of the following grounds: a. false statements on any application or other information or report required by this Chapter to be given by the applicant or licensee. b. failwe to pay any application, penalty, reinspection or reinstatement fee required by this Chapter and City Council resolution. c. failure to correct deficiencies noted in notices of violation in the time specified in the notice. d. [any other violation of this Chapter.] failure to comnlv with the nrovisions of an annroved mitieation nlan in the case of provisional licenses. e. failure to operate or maintain the licensed premises in conformity with `all applicable state laws and codes and this Code of Ordinances. f. anv other violation of this Chanter. [2.] 5: Revocation, suspension and non-renewal may be brought under either this Section or Section 12-911, or both. MDT-223920v2 2. BR291-16 DR AFT [3.] 6. 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 fiiial 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.] 7. The Council may suspend or revoke a license or not rene�v a license for part or all of a facility. [5 8. Licenses may be suspended for up to ninety (90) days and may, after the period of suspension, be reinstated subject to compliance with this Chapter and any conditions imposed by the City Council at the time of suspension. Licenses that 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 revoeation. Upon a decision to revoke. denv or not renew a license, no new application for the same facility will be accepted for the period of time specified in the Council's written decision, which shall not exceed one year. All new applications must be accompanied by a reinstatement fee, as specified by Council resolution, in addition to all other fees required by this Chapter. [6.] 9. A written decision to revoke, suspend; deny or not renew a license or application shall specify the part or parts of the facility to which it applies. Thereafter, and until a license is reissued or reinstated, no rental units becoming vacant in such part or parts of the facility may be relet or occupied. Revocation, suspension or non-renewal of a license shall not excuse the owner from compliance with all terms of state laws and codes and this Chapter for as long as any units in the facility are occupied. Failure to comply with all terms of this Chapter during the term of revocation, suspension or non- renewal is a misdemeanor and grounds for extension of the term of such revocation or suspension or continuation of non-renewal, or for a decision not to reinstate the license, notwithstanding any limitations on the period of suspension, revocation _or non-renewal specified in the City Council's written decision or in paragraph 8. of this Section. Section 4. Chapter 12 is hereby amended to add new section 12-912 as follows: Section 12-912. PROVISIONAL LICENSES. 1. Licensed multinle dwellin�s, with four or more units, that have �enerated an avera�e of over one nolice or fire calls uer dwelline MDT-223920v2 3 BR291-16 FT unit in a precedin� one vear neriod as snecified below are eli�ible onlv for vrovisional licenses. Pronerties with nrovisional licenses mav aualifv for a re�ular license onlv after a one vear neriod with one ar fewer nolice or fire calis ner dwellin� unit. a. Police and fire calls that are counted in determining whether a nrovisional license is reauired include the followin� tvnes of calls or events: �i,� calls or events listed in Section 12-911: ii calls or events categorized as nart one crimes in the Uniform Crime Renortin� Svstem, includin� homicide. rape, robberv, a��ravated assault, bur�larv, theft, auto theft and arson; (iii) calls or events cate�orized bv the nolice denartment as one of the following: a) Fireanns (1Vlinn Stat. 609.66 609.671 b) Weanons/dan�erous weanons (Minn Stat. 609.02 subd.6 609.661 Citv Ordinance 19- 402 c) Dru� naranhernalia (Minn Stat. 152.0921 d) Loud nersons Citv Ordinance 19-1201 e) Gamblin� (Minn Stat. 609.755 609.761 fl Loud narties Citv Ordinance 19-1201 g) Prostitution (Minn Stat. 609.3211 h) Noise cars/does Citv Ordinance 1-110- horns/radios Citv Ordinance 19- 1201,02.03 i) Fi�hts Citv Ordinance 19-203 j) Drueslnarcotics andlor narcotic nrecursors (Minn Stat. 152.01 subd. 4??l k) Allowine curfew/status offenses/undera�e drinkin� Citv Ordinance 19-301.19-304 1) Disorderlv conduct (Minn Stat. 609.721 m) Pronertv damage Citv Ordinance 19-211 n) Assaults Sth de�ree non-domestic Citv Ordinance 19-204 o) Public disturbance Citv Ordinance 19-202 p) Fire alarms Citv Ordinance 5-112 c� Interference with a neace officer (Minn Stat. 609.501 r) Unlawful assemblv (Minn Stat. 609.7051 Citv Ordinance 19-1105 s) Presence at unlawful assemblv (Minn Stat. 609:1751 t) Terrorist threats (Minn Stat: b09.7131 MDT-223920v2 4 BR291-16 I u) Loitering Citv Ordinance 19-201 (iv) The Citv Manaeer mav determine that multinle incidents shall be counted as a sinele call in annronriate cases. b. Calls will not be counted for nurooses of determinin�, whether a provisional license is reauired where the victim and sust�ect are "Familv or household members" as defined in the Domestic Abuse Act, Minnesota Statutes. Section 518B.01'. Subd. 2(bl and where there is a renort of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes. Section 518B.01, Subd. 2(a). c. The neriod of time used to determine whether a urovisional license is reauired is the twelve month neriod endine two months before the commencement of the license term. d. The Citv will provide bv mail to each licensee a monthlv rebort of calls described in nara�ranh (11(al above. 2. The annlicant far a nrovisional license must submit for Council review a mitigation nlan for the license neriod. The miti�ation nlan shall describe stens roronosed bv the annlicant to reduce the number of t�olice and fire ealls described in oaxasranh (11 (al to a level that aualifies for a reQUlar license. The miti�ation nlan mav include such stens as: chan�es in tenant screenin� urocedures, chanses in lease terms. securitv measures, rules and reQUlations for tenant conduct. and securitv nersonnel. 3. The application with a nronosed mitieation nlan will be nresented to the Citv Council to�ether with a recommendation bv the �itv Mana�er or the Manaeer's desisnee as to the disnosition thereof. After �ivin� the annlicant an onnortunitv to be heard and nresent evidence, the Council shall annrove. disannrove. or annrove with conditions the annlication and the mitisation nlan. If the Council disanuro�es an annlication and miti�ation nlan or annroves it with conditions, it shall state its reasons for so doin� in writin�. In evaluating a miti�ation nlan. the Council will consider, amon� other thin�s, the facilitv, its manaeement nractices, the nature and seriousness of causes for nolice and fire calls and the exnected effectiveness of ineasures identified in the vlan to reduce the number of nolice and fire calls. In evaluatin� a mitieation nlan submitted bv an annlicant alreadv under a nrovisional license, the Council wili also consider the effectiveness of ineasures identified in the anplicant's nrevious miti�ation nlan and the need for different or additional measures to reduce uolice and fire calis. MDT-223920v2 5 BR291-16 DRAFT 4. The licensee shall comvlv with the miti�ation nlan as annroved or modified bv the Council. No later than the tenth dav after each calendar month, the licensee shall mail or deliver to the City Manaser a written renort describin� all stens taken in furtherance of the mitieation ulan durin� the nrecedine month. Section 5. Chanter 12 is herebv amended to add new section 12-913 as follows: Section 12-913. TENANT BACKGROLTND CHECKS. 1. All licensees will conduct criminal background checks on all orospective tenants. The criminal back�round check must include the followin�: (a) A statewide (Minnesotal criminal historv check of all prosnective tenants coverin� at least the lasf three vears: the check must be done "in nerson" or bv utilizin� the most recent undate of the state criminal historv files; (b) A statewide criminal historv check from the nrosnective tenant's nrevious state of residence if the tenant is movine directiv from the nrevious state; (c) A criminal historv check of anv nrosnective tenant in their nrevious states of residence coverin� the last three vears if thev have not resided in Minnesota for three vears or lon�er; (d) A criminal historv check of anv nrosnective tenant must be conducted in all seven counties in the metro Twin Citu area coverin� at least the last three vears includin� all misdemeanor,. sross misdemeanor. and felonv convictions. 2. This ordinance shall beeome effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 200_. Mayor ATTEST: City Clerk Date. of Publicationc i Effectiee Date: (Underline indicates new matter; brackets indicate matter to be deleted.) MDT-223920v2 BR291-] 6