Chapter 28
3-28-1: PURPOSE:
3-28-5: EXCEPTION:

3-28-1: PURPOSE:linklink

The City Council has concluded that the regulation of the rental practices of single-family and multi-tenant residential dwelling units through licensing will thereby promote the health, safety and welfare of the residents of the City, particularly those residents who live in rental properties and neighborhoods surrounding them.

It is the purpose of this chapter to protect the public health, safety and welfare of citizens of the City by adopting a rental dwelling licensing, inspection and maintenance program that corrects substandard conditions, maintains a standard for existing, newly constructed and/or converted rental dwellings, and ensures neighborhood stability in the City. The operation of rental properties is a business enterprise that includes certain responsibilities.

Rental dwelling owners and managers are responsible to take necessary reasonable actions to ensure that the citizens who occupy such rental dwelling units, as well as neighboring properties, may pursue the quiet enjoyment of the normal activities of life in surroundings that are safe, secure, and sanitary, free from noise, nuisances and annoyances, and free from unreasonable fears about safety of persons and property. (Ord. 1353, 9-8-2015)
3-28-2: INTERPRETATION:linklink

This chapter is to be construed liberally in conjunction with the provisions of this Code to give effect to the policy, purpose, and objectives of this chapter, but is not to be construed to modify, amend or otherwise alter the provisions of this Code relating to health, safety, building or land use regulation. It is not the intention of the City to intrude upon the fair accepted contractual relationship between tenant and landlord. The City does not intend to intervene as an advocate of either party, or to act as an arbiter. It is determined that certain conditions within existing buildings, lawful at the time of construction of the building, and not creating a hazardous condition, may not comply with the minimum requirements of this chapter. Such conditions are referred to as "built in deficiencies", and the Code official, in administering this chapter, may consider built in deficiencies as being beyond reasonable correction and accept them as an alternate method of meeting the intent of this chapter. (Ord. 1276, 9-18-2012, eff. 1-2-2013)
3-28-3: DEFINITIONS:linklink

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

ADULT: A person eighteen (18) years of age or older.

APPLICANT: A "person" as defined herein, who completes or signs an application for a license to rent real estate individually or on behalf of a business.

ASSISTED LIVING: Assisted living facilities licensed by the State of Minnesota.

BUSINESS: The business of leasing properties for home occupation purposes.

CITY MANAGER: City Manager or the City Manager's designee.

CRIME FREE/DRUG FREE LEASE ADDENDUM: This addendum to the lease agreement lists specific criminal acts that, if committed on the property, will result in the immediate termination of the resident's lease.

DWELLING: A single-family residence or habitation providing living facilities for one (1) or more persons.

LEASE: A written agreement creating a tenancy in real property.

LICENSE HOLDER: The owner of the property licensed to lease to residents.

MANAGER: An individual who is hired or is applying to be hired by a licensee and who has or would have the means, within the scope of the individual's duties, to enter tenants' dwelling units. "Manager" does not include a person who is hired on a casual basis and not in the ongoing course of the business of the licensee.

OCCUPANT: Any person living, sleeping, cooking and eating in a rental dwelling unit.

OPERATOR: The owner or their agent who has charge, care, control, or management of a building or part thereof, in which dwelling units are rented.

OWNER: Any person who, alone, jointly, or severally with others, shall be in actual possession of, or have charge, care or control of, any rental dwelling unit within the City as titleholder, employee or agent of the titleholder, operator, or trustee or guardian of the estate or person of the titleholder. Any such person representing the actual titleholder shall be bound to comply with the provisions of this chapter to the same extent as the titleholder.

PERSON: One (1) or more natural persons; a partnership, including a limited partnership; a corporation, including a foreign, domestic, or nonprofit corporation; a trust; a political subdivision of the State; or any other business organization.

PROPERTY OWNER: The owner of real estate.

QUALIFYING RELATIVE: Parent, stepparent, child, stepchild, grandparent, grandchild, brother, sister, uncle, aunt, nephew or niece. This relationship may be either by blood or by marriage.

RENT: The consideration paid by a tenant to the owner of a rental dwelling unit for temporary use of the rental dwelling unit by the tenant or tenants. The consideration is not limited to cash and may include, but is not limited to, utilities, upkeep, or repair.

RENTAL: A residential living unit that is occupied by people other than the owner and/or qualifying relatives.

RENTAL CHARGE: Any compensation, either monetary or "in lieu of" payments, such as, but not limited to, utilities, upkeep or repair.

RENTAL DWELLING UNIT: A dwelling or portion thereof let for rent.

RESIDENTIAL BUILDING: A structure designed and used for residential rather than commercial or industrial purposes.

TENANT: Any adult person granted temporary use of a rental dwelling unit in exchange for rent payable to the owner of the rental unit.

UNIT: A dwelling. (Ord. 1276, 9-18-2012, eff. 1-2-2013; amd. Ord. 1353, 9-8-2015; Ord. 1415, 5-16-2017)
3-28-4: LICENSE REQUIRED:linklink

No person shall lease any unit upon real property for residential purposes anyplace in the City without first obtaining a license and paying a license fee. Licenses are required for each building with shared common area and for each unit. All dwelling units in a rental residential building must be licensed regardless of occupancy. In a manufactured home park, individual manufactured homes that are rented and not owner occupied shall require a rental license. No person may rent, lease or occupy a rental residential building, rental dwelling unit, or portion thereof that does not have a valid and current City license. (Ord. 1353, 9-8-2015)

(A) Application: An application for a license to lease real property shall be made on a form provided by the City. The application shall include, but is not limited to, requiring the full name of the applicant, property owner, and property manager; the applicant, owner, and property manager business address, e-mail address, and telephone numbers including a twenty four (24) hour contact phone number; the name of the proposed license holder, the address for which the license is sought. The completed application along with the application fee shall be submitted to the City Manager or designee for review. If the City Manager or designee determines that an application is incomplete, he or she shall return the application to the applicant with notice of the deficiencies. Should any application information change during the license period, the applicant shall notify the City within seven (7) business days. Failure to do so may be considered a license violation.

(B) Action: The City Council or its designee may either approve or deny the license, or may delay action for up to sixty (60) days to permit the City to complete any investigation of the application or the applicant as deemed necessary. If the City Council or designee approves the license, a license shall be issued to the applicant. If the City Council or designee denies the application, a notice of denial shall be sent to the applicant at the business address provided on the application along with the reasons for the denial. The notice shall also inform the applicant of their right to appeal the decision to the City Council pursuant to the process set forth in section 3-28-12 of this chapter. If a license is mistakenly issued or renewed to an applicant or license holder, it shall be revoked by the City Manager or designee upon the discovery that the person, applicant or license holder was ineligible for the license under this chapter.

(C) Term: All licenses are issued for a period of one (1) year. The license period shall be as determined by the City Manager. Refunds of license fees will not be given.

(D) Adverse License Action: Any license issued under this chapter may be denied, suspended, revoked or not renewed as provided in section 3-28-10 of this chapter.

(E) Transfers: All licenses issued under this chapter shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the City Manager or designee. (Ord. 1276, 9-18-2012, eff. 1-2-2013)

(F) Renewals: The renewal of a license under this chapter shall be handled in the same manner as the original application and shall be submitted a minimum of thirty (30) days prior to the license expiration. Renewal applications received after the due date but before the license expiration date shall be subject to late fees as determined by City Council resolution. The issuance of a license under this chapter shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. (Ord. 1415, 5-16-2017)

(G) Denials: The following shall be grounds for denying the issuance or renewal of a license under this chapter. The following list is not exhaustive or exclusive:

1. The applicant has had more than one (1) license to lease rental property revoked within the preceding twelve (12) months of the date of application.

2. The applicant fails to provide any information required on the City license application or license fee, or provides false or misleading information.

3. The applicant has outstanding Building, Fire or Property Maintenance Code violations, fines, penalties or delinquent property taxes, assessments or utility charges owed to the City.

4. A development contract or land use requirement that restricts rental units.

(H) Consideration Of Suspension Or Revocation: At any time during a license period, if a rental property does not meet or exceed the criteria established for the current license, the license may be brought forth to the City Council for consideration of license suspension or revocation. (Ord. 1276, 9-18-2012, eff. 1-2-2013)

(I) License Required, Penalties: No person may rent, lease or occupy a rental residential building, dwelling unit or portion thereof that does not have a valid and current City license. The owner of rented buildings, dwelling units or portion thereof, shall be given thirty (30) days to apply for such license. The City may impose civil penalties in the amount of one thousand dollars ($1,000.00) for renting, leasing, or occupying a rental residential building or rental dwelling unit or part thereof without a license. (Ord. 1353, 9-8-2015)
3-28-5: EXCEPTION:linklink

A property owner that leases the subject property as set forth on the following list is exempt from the rental licensing requirements of this chapter but not other regulations or codes applicable to structures or properties.

(A) Retail/commercial/industrial rental activities.

(B) Nursing homes, assisted living, and other residential facilities or portions thereof licensed or registered and inspected by the State Departments of Health or Human Services. Group homes, independent living units, assisted living, board and lodging homes, and other residential facilities or portions thereof that do not have a facility license or registration issued by the State subject to this chapter, including those that provide support services for their residents or that receive program reimbursement or financial assistance.

(C) Residential property that is occupied by the owner or the owner's qualifying relative and two (2) or less tenants where the owner and the tenants share all living space within the dwelling.

(D) Rented rooms within an owner occupied dwelling unit. Up to three (3) nonrelated individuals are allowed.

(E) These rental licensing requirements do not apply to residential property that has been sold on a contract for deed so long as the vendee occupies the property and the sale document used to memorialize the sale is a Minnesota uniform conveyancing blank or is recorded with the Dakota County Recorder's Office and a copy is provided to the City upon request.

(F) These rental licensing requirements do not apply to residential property that is owned by a person commonly referred to as a "snowbird" when the property is rented or occupied to another person for a period of less than one hundred twenty (120) consecutive days while the owner is residing out of the State of Minnesota. The owner must occupy the property during the remainder of the year.

(G) Rental licensing fees and conversion fees do not apply to a dwelling owned by a member of the United States Armed Services who is on active duty and the property is rented to another person during the time of active duty. The owner must provide the City with a copy of the owner's current military orders and must occupy the property when not on active duty as the owner's primary residence. (Ord. 1443, 12-5-2017)
3-28-6: INSPECTIONS:linklink

(A) Rental residential buildings, properties, and rental units shall be inspected in their entirety every three (3) years prior to issuing or renewing an annual rental license. Multi-family rental residential buildings with shared common areas within a building shall be subject to an annual Fire Code inspection. Buildings, units, and properties shall also be inspected following any violation of this chapter, this Code, Building Code or the Fire Code, and thereafter at the property owner's expense.

(B) Such inspections shall confirm compliance with Building, Fire, Property Maintenance Codes as well as section 3-28-9 of this chapter. Buildings, units, and properties not in compliance will not be granted a license.

(C) Any Code violation noted by the City must be remedied in a timely fashion by the property owner and reinspected for compliance by the City. The applicant is responsible for reinspection costs as noted in section 3-28-8 of this chapter. (Ord. 1276, 9-18-2012, eff. 1-2-2013)

(D) The City Manager or designee is authorized to make inspections reasonably necessary to enforce this chapter. All authorized inspectors have the authority to enter any rental dwelling or unrented and unoccupied rental dwelling unit at all reasonable times. The City will notify the licensee to schedule the inspection; however it is the responsibility of the licensee to work with the City to ensure the inspection is scheduled and satisfactorily completed. The licensee is responsible for notifying any existing tenant of the inspection at least twenty four (24) hours in advance. The City will make reasonable efforts to notify the licensee. The licensee must provide access to the requesting City official at the date and time of the scheduled inspection. Failure to provide access for any reason may result in a reinspection fee, in addition to any other sanctions imposed for noncompliance. The City will not charge a reinspection fee if the owner/manager cooperates with gaining access to occupied units if refused by the tenant. (Ord. 1415, 5-16-2017)
3-28-7: ISSUANCE OF LICENSE:linklink

The application will be reviewed and the property will be inspected pursuant to section 3-28-6 of this chapter. If the property meets applicable codes, laws and ordinances, and fees have been paid, the Code official shall recommend issuance of the license.

The City Manager or designee may issue a provisional rental license when corrections required following inspection do not constitute a fire, safety or health hazard to the occupants or the general public, and the repairs are not practically feasible as a result of factors beyond the rental property owner's control. Such factors may include climatic conditions or the unavailability of contractors, supplies or materials needed to make the corrections. A provisional rental license shall be conditioned upon the rental property owner's making the needed corrections with time lines determined by the City Manager or designee. The provisional rental license shall expire if the work is not completed, inspected and approved by the date listed thereon. (Ord. 1415, 5-16-2017)

The application fee shall be determined by the City Council from time to time by resolution, and shall be paid at the time of application. In the case of licensing periods of less than one (1) year, license fees may be prorated quarterly.

(A) Conversion Fee: An owner occupied unit that has not previously been a licensed rental property and is converted to a rental property shall pay a conversion fee as adopted in the City fee schedule. The onetime conversion fee includes the rental license application and inspection fees for the first year. A rental property with a license that has been expired for greater than one (1) year will be subject to the full conversion fee and licensing inspection upon application for a rental license. (Ord. 1353, 9-8-2015)

(B) Annual Fire Inspection Fee: Multi-family rental residential buildings with shared common areas subject to an annual Fire Code inspection are required to pay the cost of the inspection as determined by the City Council by resolution and shall be paid prior to issuance of the license. (Ord. 1276, 9-18-2012, eff. 1-2-2013)

(C) Reinspection Fees: The license fee includes the cost of one (1) initial inspection and the first follow up inspection if needed. Should the inspector need to visit a building, unit, or property more than that prior to issuing a license to check for compliance, the cost of the reinspection shall be at the applicant's/owner's expense and shall be paid prior to issuing the license for that property. (Ord. 1415, 5-16-2017)

(D) Other Fees: The licensee shall be responsible for any City costs in enforcing the license provisions including reinspection fees, attorney fees, etc. (Ord. 1276, 9-18-2012, eff. 1-2-2013)
3-28-9: CONDITION OF PROPERTY:linklink

(A) Licensee Obligations, Codes Adopted: It is the responsibility of the licensee to ensure that every rental residential building and rental dwelling unit is maintained in compliance with all City ordinances and State and Federal laws. The City's Property Maintenance Code, Building Code, and Fire Code are, in their entirety, except as modified or amended in this Code, adopted by reference and are made a part of this chapter as if fully set out at length. Failure to maintain the property in compliance may result in license suspension, revocation, or denial.

1. Notification To Tenants: Upon denial, suspension, revocation or other enforcement action of a license, the City will notify all affected tenants of the action against the license. If the license is revoked or suspended the licensee may not let, rent or allow to be occupied any vacant dwelling units, or dwelling units that become vacant during the revocation or suspension period. (Ord. 1353, 9-8-2015)

(B) Unfit For Human Habitation:

1. Any building, premises, dwelling unit, or portion thereof that is unsafe, unlawful or, because of the degree to which the property is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities, or other essential utilities services and equipment required by this Code, or because the location of a structure constitutes a hazard to the occupants of the property or to the public may be declared unfit for human habitation. Whenever any building, premises, or dwelling unit has been declared unfit for human habitation, the City Manager or designee 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 building, premises, or dwelling unit shall be suspended or 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 City Manager or designee. It shall be unlawful for any person to deface or remove the declaration placard from any such building. (Ord. 1415, 5-16-2017)

(C) 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. The City Manager or designee will post the date the rental residential building or rental dwelling unit shall be vacated and no person shall reside in, occupy or cause to be occupied that rental residential building or rental dwelling unit until the City Manager or City Council permits it. (Ord. 1353, 9-8-2015)

(D) Compliance Order: Whenever the City Manager or designee 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 this chapter and ordering the owner, occupant, operator, or agent to correct such violations shall be issued. This compliance order shall:

1. Be in writing.

2. Include a description of the real estate sufficient for identification.

3. Include a statement of the violation(s) and why the notice is being issued.

4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this Code.

5. Inform the property owner or owner's authorized agent of the right to appeal per section 1-4-7 of this Code.

6. Include a statement of the right to levy an assessment in accordance with Minnesota Statutes 429.101.

7. 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 first class mail to his/her last known address; or

c. Upon failure to provide notice through subsections (D)7a and (D)7b of this section, posted at a conspicuous place in or about the building, or portion thereof, that is affected by the notice.

8. State that violations may be cited by the City and prosecuted, and license suspension, revocation or nonrenewal may be undertaken by the City whether or not a compliance order has been issued. (Ord. 1415, 5-16-2017)

(E) Action Plan: The compliance official may require an action plan 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 City ordinances and applicable codes. (Ord. 1276, 9-18-2012, eff. 1-2-2013)

(F) 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 chapter, such person may appeal the compliance order to the City Manager as set forth in section 1-4-7 of this Code. (Ord. 1359, 11-2-2015)

(G) Hearing Officer Or Board Of Appeals Decision: (Rep. by Ord. 1359, 11-2-2015)

(H) Failure To Correct Compliance Orders: Any person who fails to comply with a compliance order and any person who fails to comply with a modified compliance order within the time set therein, upon conviction therefor shall be 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 City under this Code or State law. Each day of such failure to comply shall constitute a separate punishable offense.

(I) 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.

(J) 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 chapter, 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.

(K) Costs: If the dwelling or dwelling unit is not condemned or closed pursuant to this section, the costs of any services performed by the City to prevent the condemnation or closure of the dwelling or dwelling unit may be levied against the property as a special assessment. (Ord. 1276, 9-18-2012, eff. 1-2-2013)

(A) Violations: The following actions by property owners or license holders are misdemeanors and are subject to civil penalties, may constitute the basis for revocation of licenses, may result in injunctive action by the City. The property owner shall be responsible for the conduct of its agents or employees while engaged in normal business activities on the licensed premises. Any violation of this chapter shall be considered an act of the property owner or license holder for purposes of imposing a civil penalty or license revocation. If a license is revoked it is unlawful for the owner to permit new occupancy of any vacant rental unit, or any units that become vacant during license injunction. (Ord. 1276, 9-18-2012, eff. 1-2-2013)

(B) Basis For Sanctions: The City Manager or designee may revoke, suspend, deny or decline to renew any license issued under this chapter for part or all of a rental residential building or rental dwelling unit upon any of the following grounds: (Ord. 1353, 9-8-2015)

1. Leasing Without A License: Leasing residential units without a license or units subject to license suspension or revocation;

2. Violation Of Codes: Violation of the City Maintenance Code, Building Code, or Fire Code;

3. Hazardous Or Uninhabitable Units: Leasing units that are deemed hazardous or uninhabitable or units within a building that is deemed hazardous or uninhabitable;

4. Commission Of A Felony: Commission of a felony related to the licensed activity by the property owner or manager;

5. Disorderly Use: Failure to take any action required by subsection 3-28-11(B) of this chapter following a third or successive strike for disorderly use by a tenant or guest;

6. Consideration Of Suspension Or Revocation: At any time during a license period, if a rental property does not meet or exceed the criteria established for the current license, the license may be brought forth to the City Council for consideration of license suspension or revocation;

7. Updated Application Information: Failure to provide updated application information during the license period;

8. False Statements: False statements on any application or other information or report required by this chapter to be given by the applicant or licensee;

9. Fees: Failure to pay any application, inspection, penalty, reinspection or reinstatement fee required either by this section or City Council resolution;

10. Correction Of Deficiencies: Failure to correct deficiencies in the time specified in a compliance order; (Ord. 1276, 9-18-2012, eff. 1-2-2013)

11. Inspection: Failure to allow an authorized inspection of a rental residential building or rental dwelling unit; (Ord. 1353, 9-8-2015)

12. Violation Of Statute: Violation of an owner's duties under Minnesota Statutes sections 299C.66 to 299C.71 ("Kari Koskinen Manager Background Check Act");

13. Delinquent Taxes Or Fines: Real Estate or Personal Property Taxes or Municipal utilities have become delinquent or unpaid fines;

14. Written Tenant Application And Lease Agreement Required: The licensee must screen all potential tenants using a written tenant application. The licensee must use a written lease agreement for all tenants. The licensee must have all tenants execute a Minnesota crime free housing lease addendum. The written tenant application must include sufficient information so that the licensee can conduct appropriate criminal background checks on prospective tenants. The written tenant application and written lease agreement and the Minnesota crime free housing lease addendum for each tenant must be part of the licensee's files. Upon request the licensee must show proof, satisfactory to the City and consistent with data privacy laws, that the licensee is maintaining the documents required by this section. Failure to use, maintain, or provide these documents to the City upon request is a violation of this chapter.

In the case of continuing Code violations or rental of residential units without a license, a separate violation occurs each day that the property owner or license holder is in violation of this section.

(C) Penalties:

1. Revocation: Any violation of this chapter may be grounds to revoke a license. Any civil penalty, revocation or combination thereof under this section does not preclude criminal prosecution under this chapter or Minnesota Statutes. All fines are cumulative and revocation periods will run consecutively.

2. Suspension: The City Council may temporarily suspend a license pending a hearing on the suspension or revocation when, in its judgment, the public health, safety, and welfare is endangered by the continuance of the licensed activity.

3. Civil Fines: The City Council may impose civil fines in addition to revocation or suspension for violations of any provision of this chapter as follows:

  Fine Per Unit/
Common Building  
First violation   $300.00  
Second violation   600.00  
Third or more within a 12 month period   800.00  
Renting without a license after 30 days' notice shall be subject to $1,000.00 fine per unit and also be a misdemeanor offense  

(Ord. 1276, 9-18-2012, eff. 1-2-2013)

(A) Conduct Constituting Disorderly Use: The following conduct by tenants or their guests on the licensed premises is hereby deemed to be a disorderly use, if such conduct is in violation of any of the following statutes or ordinances. A determination that a rental dwelling has been used in a disorderly manner as described in this section shall be made upon a fair preponderance of the evidence to support such a determination. It is not necessary that criminal charges be brought in order to support a determination of disorderly use nor does the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this section. Police contacts or incidents will not be deemed to be a disorderly use where there is a report of domestic abuse and the victim and suspect are "family or household members" defined in the State's Domestic Abuse Act and where the victim is a resident of the dwelling unit.

1. Minnesota Statutes sections 609.75 through 609.76, which prohibit gambling;

2. Minnesota Statutes sections 609.321 through 609.324 which prohibit prostitution and acts relating thereto;

3. Minnesota Statutes sections 152.01 through 152.025, and 152.027, subdivisions 1 and 2, which prohibit the unlawful sale or possession of controlled substances;

4. Minnesota Statutes section 340A.401, which prohibits the unlawful sale of alcoholic beverages;

5. Minnesota Statutes section 609.33, which prohibits owning, leasing, operating, managing, maintaining or conducting a disorderly house or inviting or attempting to invite others to visit or remain in a disorderly house;

6. Section 6-1-2 of this Code, which prohibits noisy assemblies;

7. Minnesota Statutes sections 97B.021, 609.66 through 609.67 and 624.712 through 624.716, and section 6-4-4 of this Code, which prohibits the unlawful possession, transportation, sale or use of a weapon;

8. Minnesota Statutes section 609.72, which prohibits disorderly conduct, when the violation disturbs the peace and quiet of the occupants of at least one (1) unit on the licensed premises or other premises, other than the unit occupied by the person(s) committing the violation;

9. Minnesota Statutes sections 609.221 through 609.224, which prohibit assaults as defined in Minnesota Statutes section 518B.01;

10. Violation of laws relating to contributing to need for protection or services or delinquency of a minor as defined in Minnesota Statutes sections 260B.425 and 260C.425;

11. Violations of this Code which relate to animal noises and public nuisances;

12. Any violation of the crime free/drug free addendum in reference to the following:

a. Resident, any member of the resident's household or a guest or other person under the resident's control shall not engage in illegal activity.

b. Resident or guest shall not engage in an act intended to facilitate illegal activity.

c. Resident or member of the household will not permit the dwelling to be used for or to facilitate illegal activity.

d. Resident, or member of the household or a guest or other person under the resident's control shall not engage in acts of violence or threats of violence.

13. Any of the following Part I or II crimes:

a. Part I offenses (serious crime): Criminal homicide, forcible rape (and attempts to rape), robbery, aggravated assault, burglary/breaking and entering (including: forcible entry, unlawful entry/no force, attempted forcible entry), larceny/theft, motor vehicle theft, and arson.

b. Part II offenses (less serious crime): Other assaults, forgery and counterfeiting, fraud, embezzlement, stolen property (buying, receiving, and possessing), vandalism/destruction of property, weapons, prostitution and commercialized vice, narcotics drug laws, gambling, driving under the influence, disorderly conduct/disturbing the peace, sex offenses (inclusive of incest, indecent exposure, carnal abuse).

14. Minnesota Statutes section 609.505, which prohibits falsely reporting a crime or providing false information to a peace officer;

15. Minnesota Statutes sections 609.686 which prohibits intentional false fire alarms, tampering with fire alarm systems and fire protection devices, stations, signal boxes or any auxiliary fire appliances;

16. Minnesota Statutes sections 609.576 which prohibits negligent fires resulting in injury or property damage. This includes dangerous smoking or negligent handling, extinguishing and disposal of smoking materials;

17. Violations of the Minnesota State Fire Code, appendix K concerning the use of grills, barbeque pits, or other devices capable of emitting any fire or open flame on any deck, patio or balcony;

18. Violations of the Minnesota State Fire Code, section 901.8 concerning the removal, tampering with or otherwise disturbing any fire hydrant, fire detection or fire alarm systems or other fire appliance. This includes the deliberate disabling or rendering as inoperative of any fire smoke detection or alarms, sprinklers, egress lighting or exit signage as required.

(B) Process Following Disorderly Use: It shall be the responsibility of the license holder to take appropriate action following disorderly use by tenants or their guests using or occupying the premises:

1. First Strike: Upon the occurrence of an alleged disorderly use, the Police or Fire Department shall inform the City Manager or designee of the suspected disorderly use. The City Manager or designee shall then send to the tenant, and license holder, as appropriate, a written notice of the violation by mail. The license holder shall be responsible to take action as appropriate to terminate the disorderly use.

2. Second Strike: If another instance of disorderly use takes place in the same unit or by the same tenant or guest within twelve (12) months of an incident for which a notice in subsection (B)1 of this section was given, the Police or Fire Department shall inform the City Manager or designee of the alleged violation. The City Manager or designee shall then send to the tenant, and license holder, as appropriate, a written notice of the violation by mail. The license holder shall be responsible to take action as appropriate to terminate the disorderly use.

3. Third Strike: If a third or more instance of disorderly use takes place in the same unit or by the same tenant or guest within twelve (12) months of an incident for which a notice in subsection (B)1 or (B)2 of this section or this subsection was given, the City shall notify the license holder by mail of the violation and shall also require the license holder to immediately undertake the process necessary to remove the tenant from the property. If the license holder fails to comply with the requirements of this section within fourteen (14) days, this constitutes a property owner violation under subsection 3-28-10(B)5 of this chapter. (Ord. 1415, 5-16-2017)

4. Appeal: A tenant or license holder who is provided written notice of a violation under this section may appeal the determination to the City Manager as set forth in section 1-4-7 of this Code. (Ord. 1474, 2-19-2019)

(C) Postponement Of Penalty: An action to revoke or not renew a license based upon violations of this section may be postponed or discontinued at any time if it appears that the license holder has taken appropriate measures which will prevent further instances of disorderly use. No adverse license action shall be imposed where the instance of disorderly use of licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or within thirty (30) days of notice given by the license holder to a tenant to vacate the premises, where the disorderly use was related to conduct by the 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 the license holder diligently pursues them.

(D) Standard Of Review: A determination that the licensed premises have been used in a disorderly manner as described in this section shall be made upon substantial evidence to support such a determination.

(E) Reapplication For Revoked License: Following the revocation of a license for a unit, the property owner or former license holder must wait for the expiration of the appropriate revocation term and then must apply for a new license for the unit. Any unit revoked must be inspected at the property owner's expense prior to the reissuance of a license. (Ord. 1276, 9-18-2012, eff. 1-2-2013)

(A) Notice Of Action: If the City Manager or designee denies the issuance of a license, or suspends, or revokes a license, or imposes civil penalties as prescribed in this chapter, the Manager or designee shall send to the applicant, or licensee, by certified mail, return receipt requested, written notice of the action, and the right to an appeal. Appeals shall be heard as set forth in section 1-4-7 of this Code.

(B) Default: If the applicant or license holder has been provided written notice of the denial, nonrenewal, or violation and if no request for a hearing is filed within the ten (10) day period, then the denial under section 3-28-4 of this chapter or civil penalty or revocation imposed in section 3-28-10 of this chapter shall take immediate effect by default. The City Manager or designee shall mail notice of the denial, fine, suspension, or revocation to the applicant or license holder. The City Manager shall investigate compliance with the denial or revocation.

(C) Continuing Obligations, Penalty: Revocation, suspension or nonrenewal of a license shall not excuse the owner/licensee from compliance with all terms of this section, this Code, and State laws 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 nonrenewal is a misdemeanor and grounds for extension of the term of such revocation or suspension or continuation of nonrenewal, or for a decision not to reinstate the license, notwithstanding any limitations on the period of suspension, revocation or nonrenewal specified in the City Council's written decision.

(D) New Licenses Prohibited: A person who has a rental license revoked may not receive a rental license for another property within the City for a period of one year from the date of revocation. The person may continue to operate other currently licensed rental properties if the properties are maintained in compliance with City codes and other applicable regulations. (Ord. 1359, 11-2-2015)

(A) If a license for a unit or building or lot has been revoked or suspended, the license shall only be regranted if all violations are corrected. The owner shall make application for the license and comply with requirements of this chapter prior to issuance including payment of license fee and inspection of affected units.

(B) 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. (Ord. 1276, 9-18-2012, eff. 1-2-2013)

(A) Written Agreement: The license holder/manager shall sign a written agreement as part of the license application. Said agreement shall include, but not be limited to: an acknowledgment of this chapter regarding rental licensing; the required rental property inspection conducted by a City inspector, and continued maintenance of the property in accordance to City codes; the screening of all potential tenants by using a written rental application which contains sufficient information to conduct a criminal background check and a credit history check; and that licenses may be revoked for failure to address tenant or property issues.

(B) Leases Shall Be In Writing: All leases with tenants shall be in writing.

(C) Lease Addendum: All tenants shall sign a "lease addendum for crime free/drug free housing". This addendum gives license holders tenant behavior remedies before the issuance of a third strike.

(D) Background Checks: Background checks shall be completed for any manager. The definition "manager" also includes leasing agents, maintenance personnel, etc. The owner/manager shall also acknowledge and comply with the Kari Koskinen Manager Background Check Act, Minnesota Statutes 299C.66 to 299C.71.

(E) Multi-Family Rentals: The license holder or manager has attended or is scheduled to attend a City of Burnsville multihousing training. This training is put on annually. All managers are required to attend once every three (3) years. Additional repeated training is optional and recommended. (Ord. 1415, 5-16-2017)