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HomeMy WebLinkAboutOrd. 266 - Rental Housing Dwellings CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA ORDINANCE NO. 266 A An Ordinance repealing Ordinance No. 99 adopted April 21, 1992; and further amended in _May 6,2003. AN ORDINANCE LICENSING AND REGULATING RENTAL HOUSING DWELLINGS IN THE CITY OF ANDOVER. (Added sections are shown in bold, deleted sections are shown with strikeouts.) The City Council of the City of Andover hereby ordains as follows: Section 1. Purpose and Intent. It is the purpose of this ordinance to protect the public health, safety and welfare of citizens of the City who have as their place of abode a living unit furnished to them for the payment of a rental charge fee to another. This ordinance is the initial step in the City's effort to provide a housing maintenance code. It is the intent of this ordinance that uniform standards be established and applicable for all rental dwellings in the City. Section 2. Definitions. The following words and terms used in this ordinance are construed and defined as follows: Rental Dwelling Any buildin!!: d'.velling unit with two (2) or more separate living units for hire. "Rental dwelling" does not include hotels, motels and hospitals. Operate to charge a rental charge for the use of a livin!!: unit in a rental dwelling. Section 3. License Required. No person, firm or corporation shall allow to be occupied or let to another a livin!!: unit oeeUPllnev units in a rental dwellin!!: for which a license has not been !!:ranted by the City operate a rental dwelling iE. the City without first ha','ing obtaiE.ed a lieense as hereinafter provided from the Bl:lilding Official or desigaee. There shall be two types of licenses: re!!:ular and provisional. !.fter e)(piratioa of an iaitiallicCl'1:siag period of less than two (2) years as determined by the Bl:lilding Official, Each re!!:ular ffiieh operating license shall be issued biennially and shall expire on June 30th on the second year after the ar.niversary date of issuance. License renewals shall be filed at least sixty (60) days prior to license expiration. A provisional license shall be issued only upon approval by the City Council and shall expire six (6) months after issuance: reference Section 12 (2)(A) that sets forth criteria as to how a re!!:ular license may be re-established. 1 Section 4. License Fees. License fees, as set by City Council resolution, shall be due sixty (60) days prior to the license expiration date. In the case of a new unlicensed rental dwelling, the license fee shall be due upon issuance of the certificate of occupancy. In the case of licensing periods of less than two (2) years, license fees shall be prorated monthly. A license fee shall be collected for each living unit in a rental dwelling, except owner occupied units. (A) Filing Due Date and Penaltv If an application is made less than 60 days before the beginning date of the license period applied for then the fee shall be accompanied by an additional amount equal to 100 percent of such license fee. The additional amount shall be a penaltv for a late application, with the exception of the first year of the adoption of this ordinance. In no case shall there be a lapse in the license period. The late penaltv is established for those licensees who have failed to submit an application as specified in this section. All new owners must submit an application and obtain a new rental license, the old license is not transferable. f. delinquency penalty offiye (5%) percent of the license fee for eaeh day of operation without a valid license shall be eharged to the operator of the rental dwelling. Once issued, a license is not trarwfeFahle and the licensee shall not be entitled to a refund of any license fee apOR revocation or suspension; however, the licensee shall be entitled to a license refund, prorated monthly, upon proof of transf.cr of legal control or ownership. (B) Re-inspection Fee A fee as set by City Council resolution, shall be charged for all re-inspections necessary after the first re-inspection. The re-inspection fee(s) will be payable at the time of license renewal for the property. Section 5. Application for Rental Dwelling License. Applications for Rental Dwelling licenses shall be made in writing to the City Building Official by the owner ofthe rental dwelling units or hislher legally constituted agent. Before any Rental Dwelling license shall be issued or renewed, the owner shall complete an application. The following persons shall be authorized to sign and submit the application: A. If the owner is a natural person, by the owner thereof. B. If the owner is a corporation, by an officer thereof. C. If the owner is a partnership, by a partner thereof. The registration statement shall be made on forms prescribed by the City and shall include: 2 A. The name and address of the owner of the rental dwelline:s B. The name and address of any operator or ae:ent actively manae:ine: the rental dwelline:. If "off-site" provide further data as to whom it is. C. If the operator or ae:ent is a business entity, the application shall include the names, telephone numbers, and addresses of individuals who will be involved in such manae:ement, toe:ether with a description of the scope of services and manner of delivine: these services by the manae:er. D. If the ree:istrant is a partnership, the name and address of all partners. E. If the ree:istrant is a corporation, the name and address of all officers. F. If the rental dwelline: is beine: sold on a contract for deed, the name and address of the vendees. G. The lee:al address of the rental dwelline:. H. The number of livine: units within the rental dwelline:. Notification by the rental operator shall be given to the City Building Official within five (5) business days with any change of information as required and stated in the initial application. Section 6. License Issuance. The City shall issue a rental dwelline: license if the building and the application are found to be in compliance with the provisions of this Ordinance. Section 7. Renewal of License. The license period shall commence on July 1. A ree:ular license shall be issued for a period of two years. A provisional license shall be issued only upon approval by the City Council pursuant to the requirements of Section 12 of this ordinance for a period of six months; reference Section 12 (2)(A) that sets forth criteria as to how a ree:ular license may be re- established. Section 6- 8. Conformance to Laws. No rental dwelline: operating license shall be issued or renewed unless the rental dwelling and its premises conform to the ordinances ofthe City and the laws of the State of Minnesota. Section +-.J.:. InspectioN. CORdition. Inspections, Investie:ations and Maintenance A. No rental dwelline: opefatiRg license shall be issued or renewed unless the owner of rental units agrees in his/her application to permit inspections pursuant to this Section. B. Every rental dwelline: unit shall maintain the standards as stated in Ordinance No. 267, the Housing Maintenance Code. Section 11 IN.speetions and Inyestigations. 3 C. The Building Official and Fire Chief andlor their desil!nated his/her representative~ are is hereby authorized to make inspections reasonably necessary to the enforcement of this ordinance. D. Persons inspecting any rental dwelling as provided herein shall notify the license holder of all violations, if any, by issuing a written Compliance Order. Said Compliance Order shall direct that compliance on Housinl! Maintenance Code violations be made in no more than fifteen (15) seven (7) days, unless extended by the Building Official and/or Fire Chief based on good cause. Section & 10. License Not Transferable. No rental dwellinl! operating license shall be transferable to another person or to another rental dwelling. Every person holding a rental dwellinl! aR operating license shall give notice in writing to the City Building Official within five (5) 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 dwelling or dwellings. Section.g 11. Conduct on Licensed Property. (1 ) It shall be the responsibility of the licensee to see that persons occupying the livinl! units licensed premises conduct themselves in a manner as not to cause the premises to be disorderly. For the purpose of this Section, a premises is disorderly at which any of the following activities occur: 1. Violation of the City's Noise Ordinance. 2. Violation to State laws relating to the possession or sale of illel!al drul!s or controlled substances. 3. Violation of Disturbing the Peace. 4. The unlawful sale of liquor. 5. Violation to laws relating to gambling. 6. Violation of State laws relating to acts of prostitution. 7. The unlawful use or possession of a fireann as per State law. 8. Violations of State Statute Chauter 609. ill Enforcement Authoritv. The City Administrator shall be resuonsible for enforcement and administration of this Chauter. Authority to take anv action authorized bv this Chauter mav be delel!ated to the City Administrator's desil!nee. ill Other rules and rel!ulations as stiululated in State Statute Chauter 504B. 4 The Building Offieial shall be responsible for enforcement and administration of this Seetion. ill Notice of Violation. Upon determination by the City Building Official that a lieensed Iivin!!: unit premises was used in a disorderly manner, as described in this Section, the City Building Official shall give notice to the licensee of the violation and direct the licensee to take steps to prevent further violations. The disorderly manner shall be as defined in this Section. ~ Second Instance. If a second another instance of disorderly use ofthe licensed livin!!: unit premises occurs within three (3) months of an incident for which a notice was given ~ sDecified in Section 11 (4) by the B1:lilding Offieia:l, the City Building Official shall notify the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use of the Iivin!!: unit premises. This written report shall be submitted to the City Building Offieial within five (5) days of receipt of the notice/reDort of disorderly use ofthe Iivin!!: unit premises and shall detail all actions taken by the licensee in response to all notices of disorderly use of the Iivin!!: unit premises within the preceding three (3) months. @ Third Instance. If a third another instance of disorderly use of the licensed Iivin!!: unit premises occurs within three (3) months after any two (2) previous instances of disorderly use for which notices were given to the licensee pursuant to this Section 11 (4) and (5), the rental dwelling license for the rental dwellin!!: 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 Building Official who shall give to the licensee written notice of a hearing before the City Council to consider such denial, revocation, suspension or nonrenewal. Such written notice shall specify all violations of this Section, and shall state the date, time, place and purpose ofthe hearing. The hearing shall be held no less than ten (10) days and no more than thirty (30) days after giving such notice. m Action of the Citv Council. Following the hearing, the City Council may deny, revoke, suspend or decline to renew the license for all or any part or parts of the licensed rental dwellin!!: premises or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this Section. 00 Eviction Proceedines. No adverse license action shall be imposed where the instance of disorderly use of the livin!!: unit premises occurs during the pendency of eviction proceedings (unlawful detainer) or within thirty (30) days of notice given by 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 Iivin!!: unit. Eviction proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, any 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. {2} Evidence of Disorderlv Manner. A determination that the licensed rental dwellin!!: has premises have been used in a disorderly manner as described in this Section shall be made upon substantial evidence to support such determination. It shall not be necessary that criminal 5 charges be brought in order to support a determination of disorderly use, nor shall the fact of dismissal or acquittal of such criminal charge operate as a bar to adverse license action under this Section. {!Q} Servin!! of Notice. All notices given by the City under this Section shall be personally served on the licensee, sent by certified mail to licensee's last known address or, if neither method of service effects notice, by posting on a conspicuous place on the licensed rental dwellin!! premises. ll!.l Council Action Not Exclusive. 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, or the licensed rental dwellin!! premises as is authorized by this ordinance or State law. Section 12. Provisional License. (1) Police calls. Licensed livin!! units in rental dwellin!!s that have !!enerated 3 or more police calls durin!! the license period shall only be eli!!ible for a provisional license at the time of next renewal. as specified in this Section. fA) Police calls that are counted in determinin!! whether a provisional license is reQuired include the followin!! types of calls or events: (1) Calls or events listed in Sections 11 or 12. (2) Calls or events catee:orized as part one crimes in the Uniform Crime Reportine: System. includin!! homicide. rape. robbery. ae:e:ravated assault. bure:urlary. theft. auto theft. and arson. (3) Calls or events catee:orized by the Public Safety Department: miscellaneous iuvenile status crimes; liQuor offenses or curfew violations; disturbine: the peace or harassine: communications; property damae:e; criminal damae:e to property or trespass; domestic incidents; public disturbance or disorderly conduct; loud party or noise complaints; disorderly iuveniles; assault in the fifth dee:ree or non-domestic related assaults. The Sheriff shall maintain for public inspection a description ofthe codine: system and a list of the codes and crimes included within each of these catee:ories or calls or events. The Sheriff may determine that multiple incidents shall be counted as a sine:le call in appropriate cases. (B) Calls will not be counted for purposes of determinin!! whether a provisional license is reQuired where the victim and suspect are "Family or household members" as defined in the Domestic Abuse Act. Minnesota Statutes. Section 518 B.Ol. Subdivision 2(b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act. Minnesota Statutes. Section 518 ROt. Subdivision 2(a). (C) The City will provide a violation report by mail to each licensee for all calls described in this Section. The violation report will describe the nature and type of 6 call that became an instance which will be counted for purposes of determining whether the license will be denied. revoked. suspended or not renewed. (2) Mitigation Plan. Prior to consideration of a provisional license. the applicant for a provisional license must submit a mitigation plan to City staff to work out the details of a mitigation plan and it must be reviewed and approved by the City Council. (A)The mitigation plan shall describe steps proposed by the applicant to reduce the number of police calls described in Section 11 or Section 12 over the six month period of the provisional license to a level that would entitle the property to qualify for a regular license at the end of the six month provisional license period. (B) The mitigation plan may include such steps as: changes in tenant screening procedures. changes in lease terms. security measures. rules and regulations for tenant conduct. and security personnel. (3) Decision of City Council. The application and a proposed mitigation plan will be presented to the City Council together with a disposition recommendation by the City Administrator. After giving the applicant an opportunity to be heard and present evidence. the City Council shall approve. disapprove. or approve with conditions the mitigation plan and the provisional license. If the City Council disapproves an application and mitigation plan or approves a provisional license with conditions. it shall state its reasons for so doing in writing. (4) Monthly Reports. The provisional licensee shall comply with the approved mitigation plan. No later than the tenth day of each month. the licensee shall mail or deliver to the City a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. If the required monthly reports are not submitted in a timely fashion bv the licensee. then the City may begin proceedings to revoke the provisional license for all or any part or parts of the licensed premises. Section .w- Maintenance Standards. Every rentalnnit shall maintain the standards as stated ill. OniiRance No. 267, the Housing Maintenance Code. *Note: This was moved to Section 9 (B). Section ++ 13. Landscape Condition. Each rental dwelling mHt shall be maintained by its owner, occupant, operator or agent so that the yards, open spaces and parking facilities are kept in a safe and attractive condition. Where a conditioRall:1se permit has beeR granted, the landscaping shovm on the approved landscaping plan sOOll be considered as m.iRimal and shall be m.aiRtained aecordiRgly. .^cR-Y de'iiation to species or material shall be eql:1al to or better tll:an origiRally approyed. In addition, adequate lighting faculties shall be provided and operated between the hours of sunset and sunrise; and snow plowing or snow shoveling shall be regularly accomplished to maintain all sidewalks and parking areas in a safe condition. 7 Section ~ 14. Safety from Fire. An owner, operator or agent of a rental dwelling shall be responsible to comply with the applicable provisions of the Fire Code ofthe City, including the keeping of all fire lanes open for emergency purposes. Section B 15. Revocation or Suspension. Every license or permit issued under this ordiRance subject to the right, '.vhich is hereby expressly reserved, to sHsflead or revoke the same should the Ii cease holder or their agents, tJHlflloyees, representati'ies or lessees directly or indirectly operate or maintain rental dwelliags contrary to the provisioRs ofthis ordimmce or any other ordinaRce of the City or any special permit issHed by the City or the laws of the State of Milillesota. The license may be suspended or reyoked by the City Council after a \\'fitten notice is seRt to the license holder specifying the ordinanee or la'l/ violations ....4th which they are charged. This notice shall also specify the date for heariRg before the City COlillcil, which shall HOt be less than ten (10) days from the date of the '.vritten notiee. .'\t such hearing before the City Council, the license holder or their attorney may submit and present witnesses in their defeRse. "^.fter a hearing the City COlfficil may sl:lspeRd or reyoke the license if they deem it necessary to protect the public health, safety or gefleral '.velfare. (1) Reason for Action. The Council may revoke. suspend. deny or decline to renew any license issued under this Ordinance upon any of the followin!! !!rounds: A. False statements on any application or other information or report required bv this Ordinance to be !!iven bv the applicant or licensee. B. Failure to pay any application. penalty. reinspection. or reinstatement fee required bv this Ordinance and resolution. C. Failure to correct deficiencies noted in notices of violation in the time specified in the notice. D. Failure to comply with the provisions of an approved miti!!ation plan in the case of provisional licenses. E. Anv other violation of this Ordinance. (2) Aoolicable Sections. Revocation. suspension. and non-renewal may be brou!!ht under either this Section or Section 11. (3) Ref!ular License. A re!!ular license may be revoked. if at mid-term. or not renewed. if at the end of a term. upon a findin!! that the premises are onlv eli!!ible for a provisional license as provided in Section 12. (4) WriUen Notice. A decision to revoke. suspend. deny or not renew a license shall be preceded bv a written notice to the applicant or licensee of the alle!!ed !!rounds therefore 8 and the applicant or licensee will be given the opportunity for a hearing before the City Council before final action to revoke. suspend. deny. or not renew a license. (5) Action of City Council. The City 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 complv and shall issue a decision to deny. not renew. suspend. or revoke a license onlv upon written findings. The City Council may suspend or revoke a license or not renew a license for part or all of the rental dwelling faeilitv. (6) Reinstatement of License. Upon a decision to revoke. deny. or not renew a license. no new application for the same living unit faeility will be accepted for a period of time specified in a written decision of the City Council. not exceeding one year. Such new applications must be accompanied bv a reinstatement fee. as specified bv resolution. in addition to all other fees required bv this Ordinance. (7) No New Rentals. A written decision to revoke. suspend. deny. or not renew a license or application shall specify the part or parts of the rental dwelling faeility to which this applies. Thereafter. and until a license is reissued or reinstated. no living unit rental dwelliD!! becoming vacant in such part or parts of the rental dwelling faeility may be relet or occupied. Revocation. suspension. or non-renewal of a license shall not excuse the owner from compliance with all terms of this Ordinance for as long as any living units in the rental dwelling faeility are occupied. (8) Failure to Comolv. Failure to complv with this Ordinance durin!! the term of revoeatioD. susDeDsioB. or BOD reDewal is a misdemeanor for extension of the term of such re'/oeation or susDcBsioD or eontinuatioD of BOD reDewa.. or for a deeisioB DOt to reiBstate the lieeDse. DotwithstaDdiDl! any limitatioBs on the Deriod of susDensioD. revoeation. or non reDewal speeified in the City Couneil's writteD decision or in Section 1(;. Subdivision ~ Section 16. No Retaliation. No licensee shall evict. threaten to evict. or take any other punitive action against any tenant bv reason of good faith calls made bv such tenant to law enforcement agencies related to criminal activity. suspected criminal activity. suspicious occurrences. or public safety concerns. This Section shall not prohibit the eviction of tenants from a rental dwelling 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 M 17. Summary Action. When the conduct of any licensee heldef or their agent, representative, employee or lessee or the condition of their dwelling is detrimental to the public health, safety and general welfare as to constitute a nuisance, fire hazard or other unsafe or dangerous condition and thus give rise to an emergency, the City Building Official shall have the authority to summarily condemn or close off such area of the rental dwelling. 9 Any person aggrieved by a decision of the City Building Official to cease business or revoke or suspend the license or permit shall be entitled to appeal to the City Council immediately by filing a Notice of Appeal. The City Bl:lilding Official shall schedule a date for hearing before the City Council and notify the aggrieved person of the date. The hearing shall be conducted in the same manner as if the aggrieved person had not received summary action. The decision of the City Bl:1ilding Official shall not be voided by the filing of such appeal. Only after the City Council has held its hearing will the decision of the City Buildieg Official be affected. Section ++ 18. Applicable Laws. Licensees shall be subject to all ofthe ordinances ofthe City and laws of the State related to rental dwellings. This ordinance shall not be construed or interpreted to supersede or limit any other such applicable ordinance or law. Section +& 19. Severability Clause. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity ofthe remaining portions of this Ordinance. Adopted by the City Council ofthe City of Andover on this 6th day of May, 2003. ATTEST: CITY OF ANDOVER (j~ iJ.LL Victoria V olk, City Clerk ~~..~ ichael Gamache, Mayor 10 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 266 An Ordinance repealing Ordinance No. 99 adopted April 21, 1992. AN ORDINANCE LICENSING AND REGULATING RENTAL HOUSING DWELLINGS IN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains as follows: Section 1. Purnose and Intent. It is the purpose of this ordinance to protect the public health, safety and welfare of citizens of the City who have as their place of abode a living unit furnished to them for the payment of a rental charge to another. This ordinance is the initial step in the City's effort to provide a housing maintenance code. It is the intent of this ordinallce that uniform standards be established a:ld applicable for all rental dwellings in the City. Sectiou 2. J)efinitions. The following words and terms used in this ordinance are construed and defined as follows: Rental Dwellin'i! any dwelling unit with two (2) or more living units for hire. "Rental dwelling" does not include hotels, motels and hospitals. Overate to charge a rental charge for the use of a unit in a rental dwelling. Section 3. License Reauired. No person, firm or corporation shall operate a rental dwelling in the City without first having obtained a license as hereinafter provided from the Building Official or designee. After expiration of an initial licensing period of less than two (2) years as determined by the Building Official, each such operating license shall be issued biennially and shall expire on the anniversary date of issuance. License renewals shall be filed at least sixty (60) days prior to license expiration. 1 Section 4. License Fees. License fees, as set by City Council resolution, shall be due sixty (60) days prior to the license expiration date. In the case of a new unlicensed dwelling, the license fee shall be due upon issuance of the certificate of occupancy. In the case of licensing periods of less than two (2) years, license fees shall be prorated monthly. A delinquency penalty of five (5%) percent of the license fee for each day of operation without a valid license shall be charged to the operator of the rental dwelling. Once issued, a license is not transferable and the licensee shall not be entitled to a refund of any license fee upon revocation or suspension; however, the licensee shall be entitled to a license refund, prorated montWy, upon proof of transfer of legal control or ownership. A fee as set by City Council resolution, shall be charged for all re-inspections necessary after the first re-inspection. The re-inspection fee(s) will be payable at the time oflicense renewal for the property. Section 5. A.mili.cation for License. Applications for licenses shall be made in writing to the Building Official by the owner of the rental milts or his!ner legally constituted agent. Notitication by the rental operator shall be given to the Building Official within five (5) business days with any change of infoDnation as required and stated in the initial application. Section 6. Conformance to Laws. No operating license shall be issued or renewed unless the rental dwelling and its premises conform to the ordinances of the City and the laws of the State of Minnesota. Section 7. InsDection Condition. No operating license shall be issued or renewed unless the owner of rental units agrees in his/her application to permit inspections pursuant to Section 13. Section 8. Postine:. Every licensee of a multiple rental dwelling shall post the license issued by the Building Official or designee. The license shall be conspicuously posted (in a frame with glass covering) by the licensee in a public corridor, hallway or lobby of the multiple rental dwelling for which the license is issued. 2 Section 9. 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 Building Official within five (5) 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 dwelling or dwellings. Section 10. Maintenance Standards. Every rental unit shall maintain the standards as stated in Ordinance No. 267, the Housing Maintenance Code. Section 11. Landsca{)e Condition. Each rental dwelling unit shall be maintained by its owner, occupant, operator or agent so that the yards, open spaces and parking facilities are kept in a safe and attractive condition. Where a conditional use permit has been granted, the landscaping shown on the approved landscaping plan shall be considered as minimal and shall be maintained accordingly. Any deviation to species or material shall be equal to or better than originally approved. In addition, adequate lighting faculties shall be provided and operated between the hours of sunset and sunrise; and snow plowing or snow shoveling shall be regularly accomplished to maintain all sidewalks and parking areas in a safe condition. Section 12. Safety from Fire. An owner, operator or agent of a rental dwelling shall be responsible to comply with the applicable provisions of the Fire Code of the City, including the keeping of all fire lanes open for emergency purposes. Section 13. Conduct on Licensed ProDertv. It shall be the responsibility of the licensee to see that persons occupying the licensed premises conduct themselves in a manner as not to cause the premises to be disorderly. F or the purpose of this Section, a premises is disorderly at which any of the following activities occur: 1. Violation of the City's Noise Ordinance. 2. Violation to State laws relating to the possession of controlled substances. 3. Violation of Disturbing the Peace. 3 4. The unlawful sale of liquor. 5. Violation to laws relating to gambling. 6. Violation of State laws relating to acts of prostitution. 7. The unlawful use or possession of a fIrearm as per State law. The Building OffIcial shall be responsible for enforcement and administration of this Section. Upon determination by the Building OffIcial that a licensed premises was used in a disorderly manner, as described in this Section, the Building OffIcial shall give notice to the licensee of the violation and direct the licensee to take steps to prevent further violations. If another instance of disorderly use of the licensed premises occurs within three (3) months of an incident for which a notice was given by the Building OffIcial, the Building OffIcial shall notify the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use of the premises. This written report shall be submitted to the Building OffIcial 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 within the preceding three (3) months. If another instance of disorderly use of the licensed premises occurs within three (3) months after any two (2) previous instances of disorderly use for which notices were given to the licensee pursuant to this Section, the rental dwelling license for the premises may be denied, revoked, suspended or not renewed. An action to deny, revoke, suspend, or not renew a license under this Section shall be initiated by the Building OffIcial who shall give to the licensee written notice of a hearing before the City Council to consider such denial, revocation, suspension or nonrenewal. Such written notice shall specify all violations of this Section, and shall state the date, time, place and purpose of the hearing. The hearing shall be held no less than ten (10) days and no more than thirty (30) days after giving such notice. Following the hearing, the City 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. No adverse license action shall be imposed where the instance of disorderly use of the licensed premises occurs during the pendency of eviction proceedings (unlawful detainer) or within thirty (30) days of notice given by 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, any action to 4 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. 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 determination. It shall not be necessary that criminal charges be brought in order to support a determination of disorderly use, not shall the fact of dismissal or acquittal of such criminal charge operate as a bar to adverse license action under this Section. All notices given by the City under this Section shall be personally served on the licensee, sent by certified mail to licensee's last known address or, if neither method of service effects notice, by posting on a conspicuous place on the licensed premises. 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, or the licensed premises as is authorized by this ordinance or State law. Section 14. Insoections and Investif!ations. The Building Official or his/her representative is hereby authorized to make inspections reasonably necessary to the enforcement of this ordinance. Persons inspecting any rental dwelling as provided herein shall notifj the license holder of all violations, if any, by issuing a written Compliance Order. Said Compliance Order shall direct that compliance be made in no more than fifteen (15) days, unless extended by the Building Official based on good cause. Section 15. Revocation or Suspension. Every license or permit issued under this ordinance subject to the right, which is hereby expressly reserved, to suspend or revoke the same should the license holder or their agents, employees, representatives or lessees directly or indirectly operate or maintain rental dwellings contrary to the provisions of this ordinance or any other ordinance of the City or any special permit issued by the City or the laws of the State of Minnesota. The license may be suspended or revoked by the City Council after a written notice is sent to the license holder specifying the ordinance or law violations with which they are charged. This notice shall also specify the date for hearing before the City Council, which shall not be less than ten (10) days from the date of the written notice. At such hearing before the City Council, the license holder or their attorney may submit and present witnesses in their defense. 5 After a hearing the City Council may suspend or revoke the license if they deem it necessary to protect the public health, safety or general welfare. Section 16. Summarv Action. When the conduct of any license holder or their agent, representative, employee or lessee or the condition of their dwelling is detrimental to the public health, safety and general welfare as to constitute a nuisance, fire hazard or other unsafe or dangerous condition and thus give rise to an emergency, the Building Official shall have the authority to summarily condemn or close off such area of the rental dwelling. Any person aggrieved by a decision of the Building Official to cease business or revoke or suspend the license or permit shall be entitled to appeal to the City Council immediately by filing a Notice of Appeal. The Building Official shall schedule a date tor hearing before the City Council and notifY the aggrieved person of the date. The hearing shall be conducted in the same manner as if the aggrieved person had not received summary action. The decision of the Building Official shan not he voided by the filing of such appeal. Only after the City Council has held its hearing will the decision of the Building Official be affected. Section 17. Armlicable Laws. Licenses shall be subject to all of the ordinances of the City and laws of the State related to rental dwellings. This ordinance shall not be construed or interpreted to supersede or limit any other such applicable ordinance or law. Section 18. Severability Clause. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. Adopted by the City Council of the City of Andover on this 20th day of Julv. 1999. ATTEST: CITY OF ANDOVER !L~~ (/r/b Victoria V olk, City Clerk o f. f/I~J~~ P E. McKelvey, Mayor 6 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 266 A SUMMARY An Ordinance repealing Ordinance No. 99 adopted April 21, 1992; and further amended on May 6,2003. AN ORDINANCE LICENSING AND REGULATING RENTAL HOUSING DWELLINGS IN THE CITY OF ANDOVER. STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes 349. Policy The purpose of this ordinance to protect the public health, safety and welfare of citizens of the City who have as their place of abode a living unit furnished to them for the payment of a rental charge to another. It is the intent of this ordinance that uniform standards be established and applicable for all rental dwellings in the City. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement The City Clerk or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor ofthe governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. A printed copy of this ordinance is available for inspection by any person during regular office hours ofthe City Clerk and at the Rum River Branch of the Anoka County Library. Adopted by the City Council of the City of Andover on this 6th day of May, 2003. ATTEST: CITY OF ANDOVER ~(J& Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 266 SUMMARY AN ORDINANCE LICENSING AND REGULATING RENTAL HOUSING DWELLINGS IN THE CITY OF ANDOVER. STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 105, Minnesota Regulations, Parts 6120.2500- 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. Policy The purpose of this ordinance is to protect the public health, safety and welfare of citizens of the City who have their place of abode a living unit furnished to them for the payment of a rental charge to another. This ordinance is the initial step in the City's effort to license rental dwelling units and provide a rental housing maintenance code. Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement The Building Official or his/her designees shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provision of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. Abrogation and Greater Restrictions It is not the intent of this ordinance to repeal, abrogate, or impair any existing easement, covenants or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. A printed copy of this ordinance is available for inspection by any person during regular office hours of the City Clerk and at the Andover Branch of the Anoka County Library. Adopted by the City Council of the City of Andover on this 3rd day of August, 1999. ATTEST: CITY OF ANDOVER ~ t!/V ---- Victoria V olk, City Clerk ~ [. ?tlv ~i.on /J. E. McKe!vey~r-