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HomeMy WebLinkAbout2010-02 01-25 CCO CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 25th day of January 2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, at City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance relating to the regulation of rental properties; amending Brooklyn Center City Code, Chapter 12 Sections 101 through 1401. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. 2010-02 AN ORDINANCE RELATING TO THE REGULATION OF RENTAL PROPERTIES; AMENDING BROOKLYN CENTER CITY CODE, SECTIONS 12 -101 THROUGH 12 -1401 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center City Code, Sections 12 -101 through 12 -1401, BUILDING MAINTENANCE AND OCCUPANCY ORDINANCE, is amended as follows: CHAPTER 12 — BUILDING MAINTENANCE AND OCCUPANCY ORDINANCE Section 12 -101. PURPOSE. The purpose of this Or-dinanee Chapter is to protect the public health, safety, and the general welfare of the people of the City. These general objectives include, among others, the following: 1. To protect the character 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 welfare 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 health and safety. 5. To prevent the overcrowding of dwellings by providing minimum space standards per occupant for each dwelling unit. 6. To provide minimum standards for the maintenance of existing buildings, and to thus prevent slums and blight. ORDINANCE NO. 2010-02 7. To preserve the value of land and buildings throughout the City. With respect to rental disputes, and except as otherwise specifically provided by the terms of this Or-dipmeeChapter, 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 — that are not specifically and clearly relevant to the provisions of this ©r & In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of City government. Neither in enacting this OfdinaneeChapter 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 OfdinaneeChapter, irrespective of when such building may have been constructed, altered, or repaired. Section 12 -201. DEFINITIONS. The following definitions shall apply in the interpretation and enforcement of this Chapter where not otherwise defined within a section: 1. Approved — acceptable to the jurisdiction having authority and meeting all applicable codes. 2. Accessory structure — a structure subordinate to the main or principal building whiehthat is not used nor authorized to be used for living or sleeping by human occupants and whieh that is located on or partially on the premises. 3. Building — any structure used or intended for supporting or sheltering any use or occupancy. 4a. Compliance Official — the City Manager and histhe Manaaer's designated agents authorized to administer and enforce this Chapter. 4b. Disorderlv Activities — anv activities listed in Section 12 -911. 5. Dwellina — 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. Dwelling unit — a single residential accommodation whiehthat 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 dwelling unit is located. ORDINANCE NO. 2010-02 7. Family - any of the following definitions shall apply: per- -o i or pawsefisPersons related by blood, marriage, or adoption, together with-iis -er 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, marriage, or adoption, together with leis 6 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-, whie k that is connected to the City water and sewer system or other approved water supply and sewer system. 9. Garbage - putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. 10. Habitable building - 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 square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces, and workshops, hobby and recreation areas 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 3that 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. Multiple familv dwellinp- - a dwelling or portion thereof containing three or more dwelling units. 15. Nonresidential building - all -adwF buildings or structures other than dwellings or dwelling units. ORDINANCE NO. 2010-02 16. Occuvant - any person (including owner or operator) occupying any structure, building or part thereof, dwelling, dwelling unit, rooming unit or premise. 17. Operator - 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 occupant 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. 21. Plumbing - all of the following supplied facilities and equipment in a building: gas pipes, gas burning equipment, 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 similar 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 area to a public way and not within the exclusive control of one occupant. 24. Refuse - all putrescible and nonputrescible waste solids including garbage and rubbish. 25. Reinspection - a follow -up inspection that is: a) conducted to determine if a code violation has been corrected; a seheduled inspe tioP. tfrator b) needed because a licensee, owner or other responsible party fails to attends a scheduled inspection: or c) needed because a scheduled inspection that-d not occur or is prevented due to any act of a licensee, owner or responsible party.: or d) anv inspection other than the initial inspection for a license application where one or more violations are found. 26 Rental dwelling - the term "rental dwelling" means anv occupied dwelling or dwelling unit —that is not occupied by the owner of record regardless of compensation. The term includes any or dwelling unit let f r- r-°^+ or- lease occupied by a relative of the owner. ORDINANCE NO. 2010-02 27. Repair — to restore to a sound and acceptable state of operation, serviceability or appearance. 28. Rodent harborage — any place where rodents can live, nest, or seek shelter. 29. Rooming 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. 30. 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 similar materials. 31. Safe — the condition of being reasonably free from danger and hazards whie- hthat may cause accidents or disease. 32. Single familv attached — includes a townhome. rowhouse. duplex or similar dwelling unit. 3 -23. Structure — that —A+ieh 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. 3-34. Substandard dwelling — any dwelling whiehthat does not conform to the minimum standards established by City Ordinances. 345. Supplied — paid for, furnished by, provided by or under the control of the owner, operator, or agent of a building. 36 Tenant — anv person occupving anv dwelling or having possession of a space within a dwelling who has the legal right to occurs_ v the dwelling unit, where a legal owner does not reside. 367. Meaning of certain words — whenever the words "dwelling ", "dwelling unit ", "premises ", "building ", or "structure" are used in this OrdiranceChapter, they shall be construed as though they were followed by the words "or any part thereof'. Section 12 -301. RESPONSIBILITIES OF OWNERS AND OCCUPANTS. No owner or other person shall occupy or let another person occupy any building, unless it and the premises are clean, sanitary, 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 of this Chapter. ORDINANCE NO. 2010 -02 Section 12 -302. MAINTENANCE OF SHARED OR PUBLIC AREAS. Every owner of a building shall maintain in a clean, sanitary and safe condition, the shared or public areas 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 Code of Ordinances. Section 12 -305. STORAGE AND DISPOSAL OF GARBAGE. All occupants of a building, shall store and dispose of all their garbage and any other organic waste -• that might provide food for insects and/or rodents in a clean, sanitary, and safe manner as prescribed by Chapter 7 of the City Code of Ordinances. p tY Section 12 -306. RESPONSIBILITY FOR STORAGE AND DISPOSAL OF GARBAGE RUBBISH AND RECYCLABLE MATERIALS. Eve owner of a multiple Every p family dwelling or nonresidential building shall supply facilities for the sanitary and safe storage and disposal of rubbish and garbage. 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 Code of Ordinances. Section 12 -307. RESPONSIBILITY FOR STORM AND SCREEN DOORS AND WINDOWS. The owner of a rental dwelling unit shall be responsible for providing and hanging all screens and storm doors and storm windows whenever the same are required under the provisions of this Or-dinaneeChanter. 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 shall 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. ,.T„ tw i t i...+,, n din . t ,, .. , . ever 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 extermination must be performed by a licensed pest control contractor. ORDINANCE NO. 2010-02 Section 12 -309. RODENT HARBORAGES PROHIBITED IN OCCUPIED AREAS. No occupant of a building shall accumulate boxes, lumber, scrap metal, or any other similar materials in saeh - a manner that may provide a rodent harborage in or about any dwelling unit or building. Stored materials shall be stacked neatly. Section 12 -310. RODENT HARBORAGES PROHIBITED IN PUBLIC AREAS. No owner of a building shall accumulate or permit the accumulation of boxes, lumber, scrap metal, or any other similar materials in &mh- manner that may provide a rodent harborage in or about shared or public areas 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 rodents in a site accessible to rodents. Section 12 -312. SANITARY MAINTENANCE OF FIXTURES AND FACILITIES. 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. MINIMUM HEATING CAPABILITY 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. MINIMUM 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 DRIVING AND PARKING AREAS. The owner of a building shall be responsible for providing and maintaining in good condition paved and delineated parking areas and driveways for tenants consistent with Chapter 35 of the City Code of Ordinances. ORDINANCE NO. 2010-02 Section 12 -317. MAINTENANCE OF YARDS. The owner of a building shall be responsible for providing and maintaining premises' yards consistent with Section 12 -711. Section 12 -401. MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES. No person shall occupy as owner, occupant, or let to another for occupancy any dwelling or dwelling unit, for the purposes of living, sleeping, cooking, and eating therein, wlk-hthat 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 whiehthat shall have adequate circulation area, and wbie -hthat shall be equipped with the following: 1. An approved kitchen sink that is in good working condition and properly connected to an approved water supply system --, that provides at all times an adequate amount of heated and unheated running water under pressure, and whiehthat is connected to an approved sewer system. 2. Cabinets and/or 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 and/or 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, whiehthat are properly installed with all 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 similar device must be provided. Section 12 -403. TOILET FACILITIES. Within every dwelling unit there shall be a nonhabitable room wbiehthat is equipped with an approved flush water closet in good working condition. In a rental dwelling unit, such room shall have an entrance door whiehthat 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. ORDINANCE NO. 2010-02 Section 12 -404. LAVATORY SINK. Within every dwelling unit there shall be an approved lavatory sink. Said lavatory m be in the same room as the flush water closet, or Y 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 all times an adequate amount of heated and unheated running water under pressure, and shall be connected to an approved sewer system. Section 12 -405. BATHTUB OR SHOWER. Within every dwelling unit there shall be a nonhabitable room whiehthat is equipped with an approved bathtub or shower in good working condition. In a rental dwelling unit, such room shall have an entrance door .e hthat 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 every porch or balcony, shall be kept in safe condition and sound repair. Stairs and handrails shall conform to the Uniform Building Code standards. Every deck, porch and balcony whiehthat is 30 inches or more above grade shall have a guardrail that conforms to the Uniform Building Code standards. Every handrail and guardrail shall 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 supporting or adjacent structures enough to cause a hazard. 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 square foot of horizontal projection. Section 12 -407. ACCESS TO DWELLING UNIT. 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, functioning locking devices. Multiple family dwellings shall be furnished with door locks as follows: 1. For the ose of providing a reasonable amount of safety and general welfare p�'P p g Y g 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 shall 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 of building entrance doors and with key cylinders on the outside of building entrance doors. Building entrance door latches shall be of a met es that are permanently locked from the outside and permanently unlocked from the inside. ORDINANCE NO. 2010 -02 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. Section 12 -501. MINIMUM 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, whiehthat 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 .e kthat 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 area 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 shall be required if such rooms are equipped with a ventilation system w hiehthat is approved by the Compliance Official. Section 12 -504. ELECTRIC SERVICE, OUTLETS AND FIXTURES. Every dwelling unit and all public and common areas shall be supplied with electric service, functioning overcurrent protection devices, electric outlets, and electric fixtures wbiehthat are properly installed, wMe sha be maintained in good and safe working conditions, and —,,haWbe 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. DwellingDwellinas 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 area. 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. ORDINANCE NO. 2010-02 4. Every water closet compartment, 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 multiple 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 be supplied with conveniently located light switches controlling an adequate lighting system whiehthat may be turned on when needed, instead of full -time lighting. 6. A convenient switch or equivalent device for turning on a light in each dwelling unit shall be located near the point of entrance to such unit. Section 12 -601. MINIMUM THERMAL STANDARDS. No person shall occupy as owner, or occupant, or let to another for occupancy, any building or portion thereof, that does not have heating facilities whiehthat are properly installed, and whiehthat are maintained in safe and good working condition, and whiehthat are capable of safely and adequately heating all habitable rooms, bathroom, and water closet compartments in every dwelling unit located therein to a temperature of at least 68 degrees Fahrenheit, or such lesser temperature required by 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 shall 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 structure in an approved manner. Section 12 -701. GENERAL REQUIREMENTS. No person shall occupy as owner, or occupant, or let to another for occupancy, any building or portion thereof wkiehthat 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 shall be substantially water tight and protected against vermin and rodents and shall be kept in sound condition and repair. The foundation element shall adequately support the building at all points. Every exterior wall shall be free of deterioration, holes, breaks, loose or rotting boards or timbers, and any other condition w4& hthat 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 admitsthat admit rain, and roof drainage shall 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. ORDINANCE NO. 2010-02 Section 12 -703. WINDOWS, DOORS AND SCREENS. Every window, 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 CEILINGS. 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 - that 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 metal, wood, masonry, or other decay resistant material. Fences shall 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. Section 12 -707. ACCESSORY STRUCTURE MAINTENANCE. Accessory structures or buildings shall be structurally sound and-be maintained 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 BUILDING ELEMENTS. Every foundation, roof, floor, exterior and interior wall, 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. FACILITIES TO FUNCTION. Eve supplied facility, piece of Every pp tY, p equipment or utility required under the Citv Code of Ordinances and every chimney and flue shall be installed and maintained and shall function effectively in a safe, sound, and working condition. ORDINANCE NO. 2010-02 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 drained 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 shall be provided with lawn or combined ground cover of vegetation, garden, hedges, shrubbery, and related decorative materials and such yard shall be maintained consistent with prevailing community standards. Nonresidential sites shall be maintained in accordance with an approved City landscape plan and shall be supplied with an irrigation system. Section 12 -712. DISCONTINUANCE OF SERVICE OR FACILITIES. No owner, operator, or occupant shall cause any service, facility, equipment or utility wthat is required under this 9r-dinaneeChapter, 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. SCREENING. All outside trash disposal facilities, recycling containers, and outside or rooftop mechanical equipment shall be screened from view by an opaque fence or wall high enough to completely screen the equipment. Section 12 -801. MAXIMUM DENSITY, MINIMUM SPACE, USE AND LOCATION REQUIREMENTS. No person shall occupy nor permit or let to be occupied any dwelling or dwelling unit for the purpose of living therein that does not comply with the following requirements. Section 12 -802. PERMISSIBLE OCCUPANCY OF DWELLING UNIT. With the exception of owners occupying a-respe dwelling unit prior to June 1, 1975, the maximum permissible occupancy of any dwelling unit shall 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 square 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 UNIT. 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 attics or top -half stories, only those portions of the floor area of the room having a clear ceiling height of five feet or more may be included. ORDINANCE NO. 2010-02 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. Section 12 -900. PURPOSE. It is the purpose of this see4ien Chapter to assure that rental housing in the City is decent, safe and sanitary and is so operated and maintained as not to become a nuisance to the neighborhood or to become an influence that fosters blight and deterioration or creates a disincentive to reinvestment in the community. The operation of rental residential properties is a business enterprise that entails certain responsibilities. Operators are responsible to take such reasonable steps as are necessary to assure that the citizens of the City who occupy such units may pursue the quiet enjoyment of the normal activities of life in surroundings that are: safe, secure and sanitary; free from noise, nuisances or annoyances; free from unreasonable fears about safety of persons and security of property; and suitable for raising children. Section 12 -901. LICENSING OF RENTAL UNITS. 1. License Required. aa)No person shall operate a rental dwelling without first having obtained a license to do so from the City of Brooklyn Center There shall be two t�Tes of gular and pre irional. Pr9visiena1 heenses are defined in Seetie '�T A license will be Granted as Tvve I, Tyne II, Tvve III or Tvve IV Provisional based on criteria recommended by the Citv Manager and avvroved by the Citv Council. b) Excevtions. No license shall be required under the followina circumstances: (1) A single familv dwelling or a dwelling unit in a duvlex occuvied by the building owner for a minimum of six months ver calendar vear. (2) Rented rooms within an owner occuvied dwellina unit. (3) A residential vroverty owned by a "snowbird" where the vrovertv is rented to another verson for a veriod of less than 120 consecutive days while the owner is residing out of the State of Minnesota. The owner must occuvv the v durina the remainder of the vear. (4) Unoccuvied dwelling_ units that have been issued a Vacant Building_ Registration. ORDINANCE NO. 2010-02 2. License Term. for a p. Pf3visi -3nal lieensesLicenses will be issued for a time period of :�x mo::ths: according to the license tvpe as indicated in Diagram L All licenses—,r-egular and pr-e-,4si3nal, ill— may be reviewed at anv time after the beginning of the license term to determine whether the Dropertv continues to have the appropriate TvDe licenses. 3. Diagra I. icensing Licensing Min. Inspection Crime Free Housin Plans 1 Period Freauencv Tyne I 3 year Min. 1 time in 3 vears, Phase I Recommended upon reauest or as needed as determined by Citv Tvne II 2 year Min. 1 time in 2 years. Phase I Required upon reauest or as needed as determined by C ity Tyne III 1 year Min. 1 time Der year. Phase I, II Required Action Plan upon reauest or as Required needed as determined by Cit Tvne IV 6 Months Min. every 6 months, Phase I, II and III Mitigation Plan Provisional upon reauest or as Reauired Reauired needed as determined by Citv. or as otherwise specified bv_ Mitigation Plan 3. New Licenses. Properties that have legally not been reauired to have a rental license due to new construction or a change from owner - occupied to rental will qualify for a T II License. Properties found operating without a valid rental license from the Citv or failing to meet Citv Code requirements, or that have been the subiect of enforcement actions such as criminal prosecution or civil penalties for violation of this Chanter, will only aualifv for a TvDe III license. 4. License Renewals. All rental properties are subiect to review and may be reauired to aDDly and aualifv for a different license TvDe based on the level of compliance with Citv Codes and applicable regulations. 5. Failure to Meet License Cateeory Requirements. At anv time during a license period, if a rental property does not meet or exceed the criteria established for the current license TvDe the license may be brought forth to the Citv Council for consideration of license suspension, revocation and/or license TvDe review. ORDINANCE NO. 2010-02 6. Tvne IV Provisional Licenses. Rental properties under Tvpe IV Provisional Licensing must meet the reauirements set forth in Section 12 -913. 7. License Category Criteria. License tvpe will be determined on the basis of established criteria based on Police incidents and property code and nuisance violations as recommended by the Citv Manager and approved by the Citv Council. a) Police Incidents. Freauencv of police calls will be based on the average number of valid police calls per unit. Police incidences for purposes of determining licensing categories shall include disorderlv activities and nuisances as defined in Section 12 -911 and events categorized as Part I crimes in the Uniform Crime Reporting Sv_ stem including homicide, rape, robberv, aggravated assault, burglarv. theft. auto theft and arson. Calls will not be counted for purooses of determining licensing categories where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act. Minnesota Statutes, Section 518B.01. Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes. Section 51813.01, Subd. 2 (a). b) Propertv Code and Nuisance Violations. Standards for property maintenance Will be based on compliance with Citv and other applicable codes as determined through inspections and investigations. 8. License Process and Renewal: a)_ License renewals shall be filed at least 90 days prior to the 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. bL_ No application for an initial al 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. In cases where a weather deferral for repairs has been granted by the Compliance Official. the license may be brought forward for consideration of g_ ranting a license conditioned on completing repairs. 4 6 Incomplete Applications or Process. If the license application is incomplete. or the applicant does not meet the requirements of the licensing process within 120 dav_ s of the submittal date, the application will be canceled. ORDINANCE NO. 2010-02 9 Condition of License. Prier to issuaflee ef renewal of ° heeff ° ° ° all tl plllas a„r;~g the hems° t rm, a l icense heldef Licensees with three or more units must be current on the payment of all utility fees, taxes, and assessments fines, penalties. or other financial claims due to the City on the licensed DrODerty and anv other rental real Droperty in the Citv owned by the license holder at all times. Licensees with less than three units must be current on the Davment of all utility fees, taxes. assessments. fines. penalties or other financial claims due to the Citv due on the licensed property and any other rental real property in the City owned by the license holden prior to issuance or renewal of a license. 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 remain unpaid for a period exceeding one (1) year 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 ee of the eerfif °°t° of eeeupaney the time of application. 1. Residential Rental Conversion Fee. When a residential single family home or single familv attached Dropertv is converted to a rental Dropertv. the owner or applicant shall Dav a conversion fee as established by City Council resolution. The rental conversion fee also applies to residential properties reizistered as vacant properties. 2. License Fees, Delinauent Dav_ ments. 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. Upon revocation or suspension however-, the heen3 ° shall be entitled to of a license fee r-eftmd, pr - 6 r - a4a d montWy, crarrsreT- vrTCgu 9vm=-f;,ri ff i the applicant withdraws an application pfief to issuanee ef a lieense, -,or in the fee Jlll{ll VV 1v1 in eu °a b the City i eenn eefien . „tt, r-ee a nd p ° ag he� gase of an incomplete application or process, or if an application is canceled. the fee is nonrefundable. 3. Reinspection fees. All reinspection fees are set by City Council resolution. If the remspection is being performed as part of the licensing process, fee(s) must be paid prior to the time of license issuance or renewal for the property, in the case of rental housing and at the time of recertification of occupancy for nonresidential If a reins ection fee or an portion s after is not aid within 60 days properties. p Yp p Y billing, or within 60 days after any appeal becomes final, the City Council may certif he unpaid cost against the roe in accordance with the process set fY p g property rtY p forth in Section 19 -105 of this code. ORDINANCE NO. 2010-02 Section 12 -903. OWNER OR AGENT TO APPLY. License application or renewal shall be made by the owner of rental units or histhe owner's legally constituted agent. Application forms may be acquired from and subsequently filed with the Compliance Official. The applicant shall supply: 1. First, middle (if any), and last name, address, date of birth, -ad- telephone number, and email address of dwelling owner, owning partners if a partnership, corporate officers if a corporation. 2. Name, address, telephone number, and email address of designated resideHt local agent, if any. 3. Name, address, and telephone number of vendee, if the dwelling is being sold through a contract for deed. 4. Legal address of the dwelling. 5. Number of dwelling units within the dwelling. 6. Description of procedure through which tenant inquiries and complaints are 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. 8. The number of tenants. 9. The legal name of the desianated local anent. 10. At least one 24 -hour property contact information for an available pronertv owner, local anent, or other desianated responsible agent. 11. Anv other information as reauested by the Citv. Every person holding an operating license shall give notice in writing to the Compliance Official within fi-, business days after any change of this information. Depending on the nature of changes, the Citv may reauire a new prop_ ertv inspection. Notice of transfer of ownership shall be as described in Section 12 -908. ORDINANCE NO. 2010-02 Section 12 -904. REF,IDETNTLOCAL AGENT REQUIRED. 1. Local Agent. 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 r-esidextthe owner's local 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 Code of 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 change of resident agent. 2. Responsibility for Acts of Manager._ Operator. or Local Agent. Licensees are responsible for the acts or omissions of their mana_zers, operators. local agent or other authorized representative. Section 12 -905. CONFORMANCE TO LAWS. No operating license shall be issued or renewed unless the rental dwelling and its premises conform to the Code of Ordinances of Brooklyn Center and the laws of the State of Minnesota.. Section 12 -906. LICENSE INSPECTION C- ONDITM)N REOUIRED. 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 -1001. Section 12 -907. POSTING OF LICENSE. Every licensee of a niple dwelling with more than four units shall e;__ -ete be- conspicuously pestedpost the current license certificate in the main entryway or other conspicuous location then -e -` the euffent lieens . For rental dwellings of four or fewer units. the respeetive multiple `le dwe4 ne licensee must provide a copv of the license certificate to each tenant_ by attaching a cop_ v to the tenant's cop_ v_ of the executed lease agreement. 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 frveten (10) business days after having legally transferred or otherwise 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. E very ev of ° lieeRs °a 3z.twrnin three ° ° a,,, °,,:r,. , -`: :gall k eep, ° e b e t, a currant ivbaswi of vvvuYuiiv` for- eaeh dwelling unit whieh provides the fellewiRg infefmatien.: ORDINANCE NO. 2010-02 11. Every owner of a licensed rental dwelling shall keen. or cause to be kept, a current register of occunancv for each dwelling unit that provides the following information: a. Dwelling unit address. 2b. Number of bedrooms in dwelling unit and the maximum number of occupants. 3. 1`Iaw. --sc. Legal names and date of birth of adult occupants and number of adults and children (under 18 years of age) currently occupying the dwelling units. 4d. Dates renters occupied and vacated dwelling units. -Se. A chronological list of complaints and requests for repair by dwelling unit occupants, which complaints and requests are related to the provisions of this Sr-dinaneeCode of Ordinances. 6 _f. A similar chronological list of all corrections made in response to such requests and complaints. Such register shall be made available for view_ ing or conving_ bv_ the ComD_ liance Official at all reasonable times. y 2. All nonresidential properties (commercial, industrial. and similar) shall keep, or cause to be kept, a current register of occunancv for each building t hat provides the following: a. Building address. b. List of all tenants occupying building. C. Nature of business conducted by each tenant in building. d. Contact Derson for each tenant. e. Gross floor area leased by each tenant. Such register shall be made available for viewing or copying by the Compliance Official at all reasonable times. All nenfeside Aml prop erties - sha'�eep, er- eause to be kept, a euffe r e g ister- „� vvvu" ° 1. Building address. z. List- e�cr arta cc ORDINANCE NO. 2010 -02 3. Natura ,. f b us i ness ° n d ue + °a b °°°h tenan in building: 1. . Section 12 -910. LICENSE SUSPENSION, REVOCATION, DENIAL AND NON - RENEWAL. I. Amlicability. Every license issued under the provisions of this Chapter is subject to suspension or revocation by the City Council. 2. Unoccupied or Vacated Rental Units. In the event that a license is suspended, er revoked or not renewed 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. . aiJ p ° c - r - s6ii viv 3�cc xi r� "e , and upe eenvietien ther be ptm ished b a ter° e f o mer tha n t na im ri ior' l' net t ° ° °a n i nety iom d ays r t, iegether v"th the - eests -ef pfeseettie. Eaeh day of eae . eleAie., shall , nst µpc .ichab a °-tee: 1. 3. Grounds for License Action. The Council may revoke, suspend or decline to renew any license issued under this Chapter upon any of the following grounds: a. false statements, misrepresentations or fraudulent statements on any application or other information or report required by this Chapter to be given by the applicant or licensee. b. failure to pay any application fee, fine or penalty, reinspection fees, er reinstatement fee, special assessments, real estate taxes, or other financial claims due to the Citv as required by this Chapter and City Council resolution. C. failure to continuously comply with anv property maintenance, zonina, health, buildina, nuisance or other Citv Codes: or failure to correct deficiencies noted in fiefiees of vielatie Compliance Notices in the time specified in the notice. d. failure to comply with the provisions of an approved mitigation plan i eas of pr-ev sio r al rrrenees.or not submittina an action plan as required. e. failure to aualifv for the tvne of license held or applied for. ORDINANCE NO. 2010-02 £ excessive olice calls for service in accordance with criteria determined p - by the Citv Manaaer and approved by the City Council. based on the number and nature of the calls when, after owner notification, the owner has failed to sun_ my an appropriate written action plan to reduce the police calls for service a. failure to actively pursue the eviction of tenants who have violated the provision of this Chanter or crime free lease addendum or have otherwise created a public nuisance in violation of City. state or applicable laws. h. the failure to eliminate imminent health and life safety as determined by the City. or its authorized representatives. i. conviction of anv crime related to the business or entity licensed and failure to show by evidence the rehabilitation and ability perform the duties of the business. i. the abandonment of the property by the property owner as determined by the inability to make contact with the owner or his/her manager or local anent due to inaccurate or invalid contact information. k. failure to operate or maintain the licensed premises in conformity with all applicable state and local laws and ee an d this Cede of Ordinances. -f. 5. 4. License Action Sections. Revocation, suspension and non - renewal may be brought under either this Section or Section 12 -911, or both. 6. A x . 0 .. u l a f l; eense , be r a t the end of a fty me ffth r ev i ew „a dasckbcd in seefien 12 901(2) er- at the end ef the two year- tefm upon a finding a t ti ♦loo l; eense p ,.l e li g ibl e f r al l;eense a _ prov ided i n. L11GLG Ll o 0 0 Seefi 12 91 7 5. Notification. Hearina and Decision Basis. a. Written Notice. Hearina. 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 tkere€ertherefore, 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. ORDINANCE NO. 2010-02 b. Decision Basis. 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. 8. b. Affected Facility. The Council may suspend or revoke a license or not renew a license for part or all of a facility. 9. 7. License Actions. Reapplication. a. Suspension. 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. b. Revocation. Denial, Nonrenewal. Licenses that are revoked will not be reinstated until the owner has applied for and secured a new license and complied with all conditions imposed at the time of revocation. Upon a decision to revoke, deny or not renew a license, no new application for the same facility will be accepted for the period of time specified in the Council's written decision, which shall not exceed one year. 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. C. Reinstatement Fees. 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. 10. 8. Written Decision, Compliance. 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 feletre -let or occupied. Revocation, suspension or non - renewal of a license shall not excuse the owner from compliance with all terms of state laws and codes and this Code of Ordinances for as long as any units in the facility are occupied. Failure to comply with all terms of this Chapter during the term of revocation, suspension or non - renewal is a misdemeanor and grounds for extension of the term of such revocation or suspension or continuation of non - renewal, or for a decision not to reinstate the license, notwithstanding any limitations on the period of suspension, revocation or non - renewal specified in the City Council's written decision or in paragraph 8 of this Section. ORDINANCE NO. 2010-02 9. New Licenses Prohibited. A person who has a rental license revoked may not receive a rental license for another propertv within the Citv for a period of one vear from the date of revocation. The person may continue to operate other currently licensed rental properties if the properties are maintained in compliance with Citv Codes and other applicable regulations. Section 12 -911. CONDUCT ON LICENSED PREMISES. i . I . Conduct, Disorderly Activities, Nuisances Defined. It shall be the responsibility of the licensee to see that persons occupying the licensed premises conduct themselves in such a manner as not to cause the premises to be disorderly. For purposes of this Chapter See-fiei3 ° r ~ °~��� °�'� d isorderly at whie any of the activities eeeuf - are considered nuisances and defined as follows: a. V i e l a t: e f c ° °t; 31 - 1 19 12 a. Noise - cats /dogs Citv Code 1 -110- horns /radios - City Code Sections 19 -1201, 0103. b. Violation of City Code Section 19 -1121 (Unlawful 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, and drug_ paraphernalia as defined in Minnesota Statutes, Section 152.092. C. Viol ti°n efP ublic disturbance - City Code, Section 19 -202 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 Statutes, Section 609.321, Subdivision 9, or acts relating to prostitution. g. Unlawful use or possession of a Ica.: ::ioh-4ionweapon. Violation of Minnesota Statutes, Se efien 609.66, Subdivision la, 609.67, 609.02, Subdivision 6 or 624.713, and City Code Section 19 -402. 2. The City Manager- shall be 3pomsiE F ,a a f thi Manager delegated te the City 3. h. Loud parties /persons - City Code Section 19 -1201 ORDINANCE NO. 2010-02 i. Fiahts - City Code Section 19 -203 i. Allowina curfew /status offenses /underage drinking_ - City Code Sections 19 -301= and 19 -304. k. Disorderlv conduct (Minn. Stat.. Section 609.72) 1. Property damage - City Code Section 19 -211 m. Assaults 5th decree non - domestic - City Code Section 19 -204 n. Interference with a peace officer (Minn. Stat.. Section 609.50) o. Unlawful assembly (Minn Stat.. Section 609.705) Citv Code Section 19 -1105 D. Presence at unlawful assembly (Minn. Stat.. Section 609.175) Q. Terrorist threats (Minn. Stat.. Section 609.713) r. Loiterina - City Code Section 19 -201 2. Violations. Actions. Upon determination by the City Manager or the Manager's authorized desianee that a licensed premises was used in a disorderly manner, as described in paragraph 1, the City Manager shall give fiefiee to the lieensee of the .l an d a „t the h to ta steps t° r ° en t f,fthef elatie the following actions: 4a) For a first instance of disorderlv use of licensed premise- a notice shall be provided to the licensee of the violation directing_ the licensee to take steps to prevent further violations. If aneflwfa second instance of disorderly use of the licensed premises occurs within thfee (3) .r,,,nths of a n i~^ia°nt twelve (12) month time eriod for the same tenancv. the City Manager or the Manager's authorized designee shall notify the licensee of the violation and s''a'- require the licensee to submit a written report of the actions taken, and proposed actions to be taken, by the licensee to prevent further disorderly use of the premises. This licensee shall submit a written report spat be subn.:,t °a to the City Manager or the Manager's authorized designee 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 notices of disorderly use of the premises . ;.i.: the p ° e di ftg tb (3) ,, enth ORDINANCE NO. 2010 -02 c� If anedief third instance of disorderly use of the licensed premises occurs within dffee (3) mo nths after ° twe " ° vietis kistanee° ef twelve (12) month time Deriod from the first disorderly useviolation for whieh notie � c purmant t this seefie ^ the same tenancv, 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 or the Manaaer's authorized designee who shall give to the licensee written notice of a hearing before the City Council to consider such denial, revocation suspension or nonrenewal. The Stieh written notice shall specify all violations of this section, and shall state the date, time, place and purpose of the hearing. 3. Hearing. The hearing shall be held no less than ten (10) days and no more than Oti fortv -five (45) days after giving such notice. 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. 1. Eviction Actions. 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 bar 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 violations of this section may be postponed or discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent further instances of disorderly use. 5. Determining Disorderlv Conduct. A determination that the licensed premises have been used in a disorderly manner as described in paragraph 1 shall be made upon substantial evidence to support such a determination. It shall not be 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 bar to adverse license action under this section. 8. - -6. Notices. All notices given by the City under this section shall be personally served on the licensee, sent by First Class 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. i ORDINANCE NO. 2010-02 9. 7. Enforcement. Enforcement actions provided in this section shall not be exclusive, and the City Council may take any action with respect to a licensee, a tenant, ug ests or the licensed premises as is authorized by this Code or state law. Section 12- 94-2-.912A. NO RETALIATION. No licensee shall evict, threaten to evict or take any other punitive action against any tenant by reason of good faith calls made by such tenant to law enforcement agencies relating to criminal activity, suspected criminal activity, suspicious occurrences or public safety concerns. This section shall not prohibit the eviction of tenants from a dwelling unit for unlawful conduct of a tenant or invitee or violation of any rules, regulations or lease terms other than a prohibition against contacting law enforcement agencies. Section 12 -912B. FALSELY REPORTING VIOLATIONS. No person shall report a violation of this Chanter or City ordinance knowing or having reason to know that the report is false with the intent to affect the licensing status or inspection schedule of the propertv. Section 12 -912C. TENANT RESPONSIBILITIES. 1. Access to Premise. When required by Minnesota Statutes, each tenant or occupant of a rental dwelling must give the owner, owner's representative or authorized City official access to any part of such rental dwelling at reasonable times for the purnose of inspection. maintenance, repairs or alterations as are necessary to comply with the provision of this Chapter. 2. Compliance with Regulations. A tenant must comply with applicable City Codes and all applicable local. state and federal regulations. A tenant is responsible for applicable monertv code, nuisance and violations of disorderly conduct as specified in Section 12 -911 that occur on the propertv including violations committed by household members or guests. Section 12 -913. TYPE IV PROVISIONAL LICENSES. 1. Lieensed fnuhiple- dwellings, wM five units —that have - generated -afl u`v viu g ii of 6 5 el: e e er a :;ally p t i a preee�g ene yvaf br pro v' isiefial lieenscr. i . vYc+ onc ye ar- e .,� ro d , 65 p fi a ans p er- .l li , i Rental er- properties that meet the provisional licensing_ criteria as described in Section 12- 901 are eligible only for provisional licenses. a. Pc liee and fire , a ll s t hat o eett nted i n d ete ... . apes - of ealls or- res ei4s, all of h are hereby deelared to 0 ORDINANCE NO. 2010-02 ��, 3 : the Urd efm rime Repeftint - S 3tzm, inaluding he 7 f ate a bt ffgl , Myf the ft f ' v, f of 4 �V'V i mob' a) Fira s (Mi Stat 609 . 66 609 . 67) s4d.6 & 609.66) City Or-dinanee 19 402 �) D Fitz &.a *. d) L aud per-sons City Or 19 1201 e) -Oamb,',.. L 19 124 s) Prasfit:�Aiefi (Mina Stat. 609.321) h) ear-s{degs Cit Ora;nn„n , 11 hemshadies Gib Ordinan 19 1201,02 i) Fights ;) D rugsrnareeties and/or- fhtfee City Ofdinanee 19 301 304 1) DIPsorde y „aunt (Mif Stat 6 0972 Prapefty damage City Or-dinanee 19 :a) Usaults 5 th eg d estie City Ordin X9-204 o) Pu Y) Fire alafrns City Ordinanee 5 112 I teffefexee —wi a p eareffieef (Minn 609.50) r) Stat. 609.705) City n„a;rnn,.o 1 1105 s) n.o o,. ,e at , „i ,,. dd a it r; can* inn i 2c�, t) T tr.) The C--. .7 AT ana that multipl ; e id ef s shall be e et h4ed as a s i fi gle ea l ; ORDINANCE NO. 2010-02 b. Calls - U ill 1 Lo counte"or 7arpases- of determ. inkig -whzPh r a pr avisional r,. ..oa_..,h v E ..a sus pee4 o "F i.,,,�e1361dmei deft iir- the Dvm2s A buse - ri crnxxiaese ta Stu rcrccrSvccr an., . , (li`, an where - the rci - E- ef "Demes+;e Abuse" defined in the Demestie-4.Minneso St atHtes, -S eon a2. The peried -f time used to detefmxne whether- Pr 9 4 1Ti Qi A ii 1 ]i q kred is t tw elve in seefien 12 901(2). 32. The City will provide by mail to each licensee a monthly report of anv police and fire calls and incidents and applicable nronertv code violations as described in .12 -901. 2. 3. Mitigation Plan. 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 and/or the nronertv code issues described in 12 -901 and 12- 911 to a level that qualifies for a fegiAffTvne I, II or III 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, and time frame to implement all p hases of the Crime Free Housiniz Program. 1. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire eallsincidences and/or nronertv code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire- ealls. incidences and/or nronertv code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce police g p p and fire ealls:incidences and/or nronertv code violations. 4. -- - - ORDINANCE NO. 2010-02 5. Compliance with Mitiaation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Section 12 -914. T-F3�4AP4T- BAGKGPG , �FGKs CRIME FREE HOUSING PROGRAM. For the purpose of this Chanter. the Crime Free Housing Program shall mean the nationallv recognized program. unless otherwise indicated_ The phases of the program include, but are not limited to, the conditions set forth below. 1. Phase I. For license categories other than Tvne I. an owner, manager or local agent responsible for the operation of the rental property must complete the Phase I training of the crime -free housing program or a similar course approved by the Citv Manager. Certificatio as a renta property manag ma y also satisfy this reauirement. Phase I includes the following: a) Attend an eight -hour cri -free housing course presented bv_ police, fire, public housing and others. b) Use a wri lease including the Minnesota Crime Free Housin _Lease Addendum. c) Check the criminal hackgrQund of all prospective tenants and. upon reauest. pr ovide a copy of Third Party Back ground Check procedures for Tenants. d) Activelv pursue the eviction of tenants who violate the terms of the lease and/or the crime free lease addendum. 2. Phase II. Includes Phase I plus the following: a) Complete a Securitv Assessment and complete the security improvements recommended. This phase will certify that the rental propertv has met the security reauirements for the tenant's safety. b) Attend a minimum of 25 percent of Owners /Managers Association Meetinas. 3. Phase III. Includes Phases I and II plus the following: a) For properties with more than four units. conduct resident training annuallv for the residents where crime watch and crime prevention techniques are discussed. b) For properties with more than four units. hold regular resident meetings. c) Attend a minimum of 50 percent of Owners/Manag_ ers Association Meetings. d) Have no Citv Code violations that were not resolved in accordance with compliance orders within the past vear. ORDINANCE NO. 2010-02 Section 12 -915. CRIME FREED_ R_I_TC_T FREE HOUSING LEASE ADDENDUM REQUIREMENTS All tenant leases, exc for state licen residenti facilities. shall contain the Crime Free/Dru2 Free Housing Lease Addendum. The Crime Free/Druu Free provisions are in addition to all other terms of the lease and do not limit or replace any other provisions. These lease provisions shall be incorporated into every_ new and renewed lease for a tenancy April 1, 2010. Section 12 -916. TENANT BACKGROUND CHECKS. 1. All licensees will conduct criminal background checks on all prospective tenants: 18 years and older and any subseauent persons 18 years or older residina in the dwelling unit. The criminal background check must include the following: (a) A statewide (Minnesota) criminal history check of all prespeefive tenantstenants who are 18 years of age or older and persons subsequently residing in the dwelline unit who are 18 years of age or older (collectively referred to in this section as "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 pr-esp tenant's previous state of residence if the tenant is moving directly from the previous state; (c) A criminal history check of any prespeefive -tenant in this or her 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-pfespe tenant must be conducted in all seven counties in the metro Twin City area covering at least the last three years including all misdemeanor, gross misdemeanor, and felony convictions. (e) Licensees will retain criminal history check information for at least one year after the date of the check or, if the subject of the check becomes a tenant of the licensed premises, one year after the subject of the check has ceased to be a tenant. Such information shall be available for inspection upon dem idrqquest by the City Manager or the City Manager's designee diifing 3.-P.-,al busines"eufs-._ (f) Licensees must have written screening criteria that is provided to the applicant. ORDINANCE NO. 2010-02 Section 12 -1001. ENFORCEMENT AND INSPECTION AUTHORITY. The City Manager and histhe Manaser's designated agents shall be the Compliance Official who shall administer and enforce the provisions of this Ordi nanaeChavter and who is hereby authorized to cause inspections on a scheduled basis for rental dwelling units, and other buildings when reason exists to believe that a violation of this BrdinaneeChapter has been or is being committed. Inspections shall be conducted during reasonable dayli hoofs, times, 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. Pursuant to Minnesota Statutes Section 504B.211. the owner. manager or local agent is respons for scheduling the inspection and notifvinp- anv existing tenant of the inspection. The owner. manaizer or local aizent, must provide access to the requestin City authorized agent at the scheduled inspection time or as requested. Any owner, occupant, or other person in charge of a building may refuse to permit free access and entry to the structure or premises under histhat person's control for inspection pursuant to this Ofdi eChapter, whereupon the Compliance Official may seek a court order authorizing such inspection. Section 12 -1003. INTERFERENCE WITH DUTIES PROHIBITED. A person must not prevent. delay. provide false information or otherwise interfere with the Compliance Official, City Manaser. or Manager's designated aizents while they eng_aaed in the performance of the duties imposed by this Chapter. Section 12 -1101. UNFIT FOR HUMAN HABITATION. I. Any building or portion thereof, whi£h that is damaged, decayed, dilapidated, insanitary, unsafe, vermin or rodent infested, or whiehthat 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 declared 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 shall post a placard on same indicating that it is unfit for human habitation, and any operating license previously issued for such dwelling units 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 placard from any such building. ORDINANCE NO. 2010-02 Section 12 Tl n SECUR E UNFIT A ND V n r n TCII B UILDDIGS. The eyef of any bui of eitr9 of - eAf, whieh has b een deelafcd ufifi i 3r 1ieenan habitation, or `d. is V LII � VI YYIs nt f ef a o e of 60 d ays r ma;iz, s h a ll k same sa- a se th a t it nit hazan de}ts -t„� „��,, ., o f w e lf are f t h e ,,bl e nd a„ ie t i 0 a 7ablie e LIl� - TCCI � L TI-UI�V p ECIIL ���ZIV�G�ITTLT Li/l l 1 shall be deemed to be See4ien 12 1103. HAZARDOUS BUILDING DECLARATION. 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. Section 12- 201.1201A. 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 Br-dinaneeChapter and ordering the owner, occupant, operator, or agent to correct such violations shall be issued. This compliance order shall: 1. Be in writing. 2. Describe the location and nature of the violations of this 9fdifhneeChapter. 3. Establish a reasonable time for the correction of such violation and notify of appeal recourse. 4. Be served upon the owner or agent or occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon any such occupant, if a copy thereof is: a. Served upon owner, agent or occupant personally; or b. Sent by 1 class mail to his/her last known address; or C. Upon failure to effect notice through (a) and (b) as set out in this section, posted at a conspicuous place in or about the building, or portion thereof, whiehthat 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- 1201B. ACTION PLAN. The Compliance Official may an action elan to be completed by the licensee, manager or local agent in a designated time frame that indicates the steps taken to correct identified violations and the measures to be taken to ensure ongoing compliance with Citv ordinances and applicable codes. ORDINANCE NO. 2010-02 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 OrdinafieeChapter, 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 in furtherance of the action appealed from unless such a stay proceedings Y would cause imminent pp peril to life, health, or property. Section 12 -1203. BOARD OF APPEALS 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 all or part of the filing fee if the appeal is upheld. Section 12 -1204. RESTRICTIONS ON TRANSFER OF OWNERSHIP. It shall be unlawful for the owner of any building, or portion thereof, upon whom a pending compliance order has been served to sell, transfer, mortgage, lease or otherwise dispose thereof to another person until the provisions of the tag or compliance order have been complied with, unless such owner shall furnish 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 shall be liable to all penalties and procedures provided by this Or-dieChapter. Section 12 -1205. PEN n r TIE FAILURE TO CORRECT COMPLIANCE ORDER. Any person who fails to comply with a compliance order aftef fight ef 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 puiiished „ shed by ° f net to exeeed ° ° thousand dollars ($1 of by i . i I not te- meeednin er- both tegethef with the —eests of pfeseeutie guilty of a misdemeanor, punishable in accordance with state law. Nothing in this Chapter however is deemed to limit other remedies or civil penalties available to the Citv under this Code or state law. Each day of such failure to comply shall constitute a separate punishable offense. Section 12 -1206. EXECUTION OF COMPLIANCE ORDERS BY PUBLIC AUTHORITY. Upon failure to comply with a compliance order within the time 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 manner provided by Minnesota Statutes, Chapter 429, but the assessment shall be payable in a single installment. I ORDINANCE NO. 2010-02 Section 12 -1301. ALTERNATIVE SANCTIONS. Notwithstanding the availability of the foregoing compliance procedures 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 in this Or-dinaneeChapter. the Compliance Official may issue a violation tag summoning the responsible person into court or request the issuance of a criminal complaint and arrest warrant. Section 12 -1302. PENALTIES. Any per-sen violating aay of the f this this Or-din e, sl , rall, upan eeiwie +' th eef b l ,th be ptm ished b a firo n et to > > tegether the eests of pr .°,.ufie.. Anv person or responsible Dartv who violates sections 12- 101 through 12 -1402 is subject to the penalty provided under section 12 -1205 of this Code. Nothing in this Chanter however is deemed to limit other remedies or civil penalties available to the Citv under this Code or state law. Each day that a violation continues shall be deemed a separate punishable offense. No provision of this OfdinaneeChaDter 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 impose such penalty on such official or employee is specifically and clearly expressed in the section creating the duty. Section 12 -1401. SEPARABILITY. Every section, provision, or part of this Or-dinaneeChapter is declared separable from every other section, provision, or part to the extent that if any section, provision or part of the OfdimffieeChaDter shall be held invalid, it shall not invalidate any other section, provision or part thereof. Section II. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. [Underlined material is new. S material is deleted.] Adopted this 25 day of January, 2010. Tim Willson, Mayor ATT ST: Sharon Knutson, City Clerk Date of Publication: February 4, 2010 Effective Date: March 6, 2010