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HomeMy WebLinkAboutOrd. 381 - Amendment to Title 9 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 381 THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 9: BUILDING REGULATIONS CHAPTER 8: RENTAL HOUSING DWELLINGS (Strikeouts are language to be removed and underlining represents new language to be added) SECTION: 9-8- 1: Purpose And Intent 9-8- 2: Definitions 9-8- 3: 9 8 3: License Required; Terms; Renewals Tvpes of Licenses Required 9-8- 4: Application For Rental Dwelling License 9-8- 5: Fees 9-8- 6: License Terms And Renewals 9-8- 7: 9 8 6: Conditions Of License Issuance 9 8 7: Renewal of License 9-8- 8: Inspections, Investigations And Maintenance 9-8- 9: Non-transferability Of License 9-8-10: Conduct On Licensed Property 9-8-11: Provisional Rental License 9-8-12: SinQle Familv Rental License 9-8-13: 9 8 12: Landscaping; Lighting; Snow Removal 9-8-14: 9 8 13: Fire Control Regulations 9-8-15: 9 8 14: License Revocation Or Suspension 9-8-16: 9 8 15: No Retaliation 9-8-17: 9 8 16: Summary Action 9-8-18: 9 8 17: Appeals 9-8-19: 9 8 18: Applicable Laws 9-8-1: PURPOSE AND INTENT: A. Purpose: It is the purpose of this chapter 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 fee to another. This chapter is the initial step in the city's effort to provide a housing maintenance code. B. Intent: It is the intent of this chapter that uniform standards be established and applicable for all rental dwellings in the city. (Ord. 266A, 5-6-2003) 9-8-2: DEFINITIONS: The following words and terms used in this chapter are construed and defined as follows: IMMEDIATE FAMILY: Direct descendants, parents, qrandparents, siblinq or any such person of traditional or blended family. OPERATE: To charge a rental fee for the use of a living unit in a rental dwelling. PROVISIONAL RENTAL LICENSE: A Multi-Family or Sinqle-Family rental license containinq certain provisions and/or criteria as required by the City Council. MUL TI-FAMIL Y RENTAL LICENSE: A rental license established for any rental dwellinq with two (2) or more livinq units which are subiect to interior and exterior inspections. RENT/\L DVVELLlNG: Any building '.vith t'NO (2) or more living units for hire. "Rental d'Nelling" does not include hotels, motels and hospitals. (Ord. 2661\, 5 6 2003) RENTAL DWELLING: Means any dwellinq or dwellinq unit used for residential occupancy by one or more persons who are not the owner or a member of the owner's immediate family. "Rental dwellinq" does not include hotels, motels, and hospitals. SINGLE FAMILY RENTAL LICENSE: A rental license established for any rental dwellinq with less than two (2) Iivinq units which is subiect to exterior inspections only, with the exception of interior inspections in the event of emerqency or life threateninq situations as determined by the Buildinq Official. Fire Chief. and/or their desiqnated representative. VALID COMPLAINT: A valid complaint is a violation that is visible at the time of inspection. 9 8 3: LICENSE REQUIRED; TERM; RENE'.^/ALS: No person, firm or corporation sh::lll aIlO\'.' to be occupied or let to anothor a living unit in a rental d':.'elling for 'Nhich a license has not been granted by the city. There shall be two (2) types of licenses: regular provisional. Each regular operating license shall be issued biennially and shall expire on June 30 the second year after issuance. License rene'Nals shall be filed at least sixty (60) days prior to license expiration. /\ provisional license shall be issued only upon approval by the City Council and shall expire six (6) months after issuance; reference Subsection 9 811 B1 that ~..._._----_..- sets forth criteri3 as to hmu a regular license may be reestablished. (Ord. 266/\ 5 6 2003) 9-8-3: TYPES OF RENTAL LICENSES REQUIRED: No person, firm or corporation shall allow to be occupied or let to another a Iivinq unit in a rental dwellinq for which a license has not been qranted bv the city. There shall be three (3) types of licenses: multi-familv, sinqle family and provisional. 9-8-4: APPLICATION FOR RENTAL DWELLING LICENSE: Applications Requests for rental dwelling licenses shall be made in ",.'riting by the owner of the rental dwellinq units or his/her leqallv constituted aqent bv submittinq an application to the city by the O'Nner of the rental dwelling units or his/her legally constituted agent. Before any rental dwelling license shall be issued or renewed, the owner shall complete aR rental license application and allow an onsite inspection of the property as necessary. Each parcel identification number requires a separate 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 application shall be made on forms prescribed by the city and shall include: A. The nameJ. aRG address, and telephone numbers of the owner of the rental dwellings. B. The nameJ. aRG address, and telephone numbers of any operator or agent actively managing the rental dwelling. If "off site" provide further data as to who it -I&:- C. If the operator or agent is a business entity, the application shall include the names, telephone numbers, and addresses of individuals who will be involved in such management, together with a description of the scope of services and manner of delivering these services by the manager. D. If the registrant applicant is a partnership, the name and address of all partners. --...-- E. If the registrant applicant is a corporation, the name and address of all officers. F. If the rental dwelling is being sold on a contract for deed, the name and address of the vendees. G. The legal address of the rental dwelling. H. The number of units within the rental dwelling. Notification by the rental operator shall be given to the city within five (5) business days of witR any change of information as required~ and stated in the initial application. (Ord. 266A, 5-6-2003) 9-8-5: FEES1 : A. License Fees: 1. Fees Established~ AND Due Date And Pro ration: License fees as set by the City Council 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 ffile upon issuance of the Certificate of Occupancy submitted with the application. .J.R 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 unit in a rental dwelling, except owner occupied units. License fees are non-refundable. 2. Filing Due Date And Penalty: If aR a renewal application is made less than sixty (60) days before the beginning date of the renewal license period applied for~ then the fee shall be accompanied by an additional amount equal to one hundred percent (100%) of such license fee. The additional amount shall be a penalty for a late application, with the exception of the first year of the adoption of this chapter. In no case shall there be a lapse in the license period. The late penalty is established for those licensees who have failed to submit an application as specified in this chapter. All new owners must submit an application and obtain a new rental license; the old previously approved rentallicense~ -is are not transferable. B. Re inspection Fee: .1\. fee as set by the City Council shall be charged for all re inspections necessary aftor the first re inspection. The re inspection fee(s) 'Nil! be payable at the time of license rene'Nal f{)r the property. (Ord. 266J\, 5 6 2003) B. Re-inspection Fee: An initial inspection shall be required at the time of application. the cost of which shall be included in the license application fee. A fee~ as set by the City Council~ shall be charged thereafter for all re-inspections necessary after the first re inspection necessitated by the receipt of any valid complaint(s) of the property. The re-inspection fee(s) will be payable at the time of license renewal for the property. 9-8-6: LICENSE TERMS AND RENEWALS: A. Multi-Family and Sinqle Family rental licenses: Initial and renewal applications shall be issued for a period of two (2) years and shall expire on June 30 the second year after the date that it was issued. The license period shall commence on July 1 the date of the approved application. Renewal applications shall be filed at least sixty (60) days prior to license expiration date. B. Provisional Rental Licenses: Provisional licenses shall be issued only upon approval by the City Council and shall expire six (6) months after issuance. A multi-family or sinqle family rental license may be re-established pursuant to Subsection 9-8-11 B1. 9-8-7: 9 8 6: CONDITIONS OF LICENSE ISSUANCE: A. Compliance With Chapter: The city shall issue a rental dwelling license if the building and the application are found to be in compliance with the provisions of this chapter. B. Conformance To Laws: No rental dwelling license shall be issued or renewed unless the rental dwelling and its premises conform to the ordinances of the city Andover City Code of Ordinance ;and the laws of the State of Minnesota ;and all re-inspection fees have been paid. (Ord.1 See subsection 1-7- 38 of this code. 266A, 5-6-2003) 9 8 7: RENE\^!AL OF LICENSE: The license period shall commence on July 1. /\ regular license shall be issued for a period of t\A.(O (2) years. 1\ provisional license shall be issued only upon approval by the City Council pursu~:mt to the requirements of Section 9 8 11 of this ch3pter for a period of six (6) months; reference Subsection 9 8 11 B 1 of this chapter that sets forth criterb 3S to hO'1I a regular license may be reestablished. (Ord. 266,^" 5 6 2003) 9-8-8: INSPECTIONS, INVESTIGATIONS AND MAINTENANCE: A. No rental dwelling license shall be issued or renewed unless the owner of the rental units agrees in his/her application to permit inspections pursuant to this section. B. Every rental dwelling unit shall maintain the standards as stated in Chapter 9, "Housing Maintenance Code", and standards established within all other sections of the Andover City Code of Ordinance and Minnesota State Statutes. C. The Building Official.. ami-Fire Chief.. and/or their designated representatives are hereby authorized to make any and all inspections reasonably necessary to tHe enforcement of this chapter. 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 housing maintenance code violations be made within in no more than seven (7) days ten (10) business days from the date of the notice, unless extended by the Building Official and!or.L..,Fire Chief. and/or desiqnated representative based on for good cause. (Ord. 266A, 5- 6-2003) 9-8-9: NONTRANSFERABILlTY OF LICENSE: No rental dwelling license shall be transferable to another person or to another rental dwelling. Every person holding a rental dwelling license shall give notice in writing to the city 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. (Ord. 266A, 5-6-2003) 9-8-10: CONDUCT ON LICENSED PROPERTY: A. Disorderly Premises: It shall be the responsibility of the licensee to see that persons occupying the living units 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 'Nhich when any of the following activities occur: 1. Violation of the city's noise ordinance1. 1 See title 5, chapter 6 of this code. 2. Violation of state laws relating to the possession or sale of illegal drugs or controlled substances. 3. Violation ot'disturbing the peace. 4. The unlawful sale of liquor. 5. Violation of laws relating to gambling. 6. Violation of state laws relating to acts of prostitution. 7. The unlawful use or possession of a firearm per state law. 8. Violation of Minnesota Statutes, Chapter 609 (Le., disorderly conduct; unlawful assembly; riot; terroristic threat; presence at unlawful assembly). B. Enforcement Authority: The City Administrator shall be responsible for enforcement and administration of this chapter. Authority to take any action authorized by this chapter may be delegated to the City Administrator's designee. C. Other Rules: Other rules and regulations as stipulated set forth in Minnesota State Statute Chapter 504B,standards established within all other sections of the Andover City Code of Ordinance, and Minnesota State Statutes shall also apply to this chapter. D. Notice Of Violation: Upon determination by the city that a living unit was used in a disorderly manner, as described in this section, the city 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. E. Second Instance: If a second instance of disorderly use of the living unit occurs within three (3) months of an incident for which a notice was given as specified in Subsection D of this section, the city 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 living unit. This written report shall be submitted to the city within five (5) days of receipt of the notice/report of disorderly use of the living unit and shall detail all actions taken by the licensee in response to all notices of disorderly use of the living unit within the preceding three (3) months. F. Third Instance: If a third instance of disorderly use of the living unit occurs within three (3) months after any t\3.'o (2) previous instances a second instance of disorderly use for which g, notices ':lare was given to the licensee pursuant to Subsections D :md E of this section, the rental dwelling license for the rental dwelling 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~ who shall give te the licensee written notice of a hearing before the City Council to consider such denial, revocation, suspension or non-renewal. 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 from the date of such notice after giving such notice. G. Action Of The City 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 rental dwelling or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this section. ---- -- H. Eviction Proceedings: No adverse license action shall be imposed where the instance of disorderly use of the living unit 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 living 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 'Nhich 'Nil! to prevent further instances of disorderly use. I. Evidence Of Disorderly Manner: A determination that the rental dwelling unit has 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, nor shall the fact of dismissal or acquittal of such criminal charge operate as a bar to adverse license action under this section. J. Serving 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 dwelling. K. 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 dwelling as is authorized by this chapter. other sections of the Andover City Code of Ordinance. or state law. (Ord. 266A, 5-6-2003) 9-8-11: PROVISIONAL RENTAL LICENSE: A. Police Or Fire Calls: Licensed dwelling units that have generated two (2) police calls per dwelling unit over any consecutive twelve (12) month period during the license period shall only be eligible for a provisional license at the time of next renewal, as specified in this section. 1. Police calls that are counted in determining whether a provisional license is required include the following types of calls or events: a. Calls or events listed in this section or Section 9-8-10 of this chapter. b. Calls or events categorized as part one crimes in the uniform ---.- crime reporting system, including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft, and arson. c. Calls or events categorized by the Public Safety Department: liquor offenses; disturbing the peace or harassing communications; property damage; criminal damage to property or trespass; public disturbance or disorderly conduct; loud party or noise complaints; disorderly juveniles; assault in the fifth degree or non- domestic related assaults. The Sheriff shall maintain for public inspection a description of the coding system and a list of the codes and crimes included within each of these categories or calls or events. The Sheriff may determine that multiple incidents shall be counted as a single call in appropriate cases. 2. Calls not counted for purposes of determining whether a provisional license is required includes calls where the victim and suspect are "family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subdivision 2(b) and where there is a report of "domestic abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subdivision 2(a). - 3. The city will provide a report by mail to each licensee for calls described in this section. The violation report will describe the nature and type of call that became an instance that will be counted for purposes of determining whether the license will be denied, revoked, or suspended or not renewed. 4. The City Council may require a SinQle-Family Rental License to become provisional as specified in Section 9-8-12 (D) of this chapter. B. Mitigation Plan: Prior to consideration of a provisional license, the applicant for a provisional license must work with the city staff to prepare and submit a mitigation plan to city staff to ':.'ork out the details of a mitigation plan and it must be reviewed and :Jpproved for approval by the City Council. 1. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police or fire calls described in Subsection A 1 of this section over the six (6) 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 (6) month provisional license period. 2. 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. C. Decision Of City Council: The application and a proposed mitigation plan will be presented to the City CouncilJ. 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 p1an.L or approves a provisional license with conditions, it shall state -its the reasons for its decision so doing in writing. D. 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 by the property owner.L the city may begin proceedings to revoke the provisional license for all or any part or parts of the licensed premises. (Ord. 266A, 5-6-2003) 9-8-12: SINGLE FAMILY RENTAL LICENSE: A. Inspections: Onsite inspections shall be required at the time of receipt of an initial application or a renewal application and upon receipt of a complaint regardinq the property. 1. Inspections may be conducted by the Building Official. Fire Chief. and/or a desiqnated representative. 2. Inspections may be conducted on the property to include only the exterior portion of the rental dwellinq and property with the followinq exceptions: a. In emerqency and/or life threateninq situations as deemed necessary by the Buildinq Official. Fire Chief, and/or desiqnated representative. inspections may be conducted on the property to include the interior and exterior portions of the rental dwellinq and without permission from the property owner, after reasonable attempts to contact the owner have failed. b. Abatement may be scheduled for a property as outlined in Title 4 of the City Code, if there are failed attempts at brinqinq the property into compliance, at which time no permission is needed from the property owner to abate the property. B. Re-inspection fees: Re-inspection fees shall only be reauired after receipt and inspection of a valid complaint. Re-inspection fees shall not be incurred for reauired annual inspections. C. Enforcement: A violation shall be enforced as specified within the established guidelines process of the particular Title within the City Code of Ordinances violated. (ie. A nuisance violation would be enforced throuQh the established process within Title 4 of the City Code of Ordinance.) -- ---.---.- - D. City Council Action: Upon repeat violations, or failure of a property owner to brinq the property into compliance, the City Council may do any the followinq: a. Require a sinqle-family rental license to become provisional as specified in Section 9-8-11 of this chapter. b. Revoke, suspend, deny, or decline to renew a sinqle-family rental license as specified in Section 9-8-15 of this chapter. c. Order the property to be abated. 9-8-13: 9 8 12: LANDSCAPING; LIGHTING; SNOW REMOVAL: Each rental dwelling 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. In addition, adequate lighting facilities 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. (Ord. 266A, 5-6-2003) 9-8-14: 9 8 13: FIRE CONTROL REGULATIONS: An owner, operator or agent of a rental dwelling shall be responsible for compliance with the applicable provisions of the fire code of the citY1, including the keeping of all fire lanes open for emergency purposes. (Ord. 266A, 5-6-2003) 1 See title 7, chapter 2 of this code. 9-8-15: 9 8 14: LICENSE REVOCATION OR SUSPENSION: A. Reason For Action: The Council may revoke, suspend, deny or decline to renew any license issued under this chapter upon any of the following grounds: 1. False statements on any application or other information or report required by this chapter to be given by the applicant or licensee. 2. Failure to pay any application, penalty, re-inspection, or reinstatement fee required by this chapter or resolution of the City Council. 3. Failure to correct deficiencies noted in notices of violation in the time specified in the notice. 4. Failure to comply with the provisions of an approved mitigation plan in the case of provisional licenses. 5. Any other violation of this chapter. B. Applicable Sections: Revocation, suspension, and non-renewal may be brought under eill=lef this section or Section 9-8-10 of this chapter. C. Rogubr Multi-Family and Sinqle Family License: A Regubr Multi-Family or Sinqle Family license may be revoked, if at midterm, or not renewed, if at the end of a term, upon a finding that the premises are only eligible for a provisional license as provided in Section 9-8-11 of this chapter. D. Written Notice: A decision to revoke, suspend, deny or not renew a license shall be preceded by a written notice to the applicant or licensee of the alleged grounds therefore~ 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. E. 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 comply~ and shall issue a decision to deny, not renew, suspend, or revoke a license only 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. F. Reinstatement Of License: Upon a decision to revoke, deny, or not renew a license, no new application for the same facility 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 by a reinstatement fee, as specified by resolution, in addition to all other fees required by this chapter. G. 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 to which this applies. Thereafter, and until a license is reissued. or reinstated, no living unit becoming vacant in such part or parts of the rental dwelling may be re-Iet or occupied. Revocation, suspension, or nonrenewal of a license shall not excuse the owner from compliance with all terms of this chapter for as long as any units in the rental dwelling are occupied. H. Failure To Comply: Failure to comply with this chapter is a misdemeanor. (Ord. 266A, 5-6-2003) 9-8-16: 9 8 15: 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 related 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. (Ord. 266A, 5-6-2003) 9-8-17: 9 8 16: SUMMARY ACTION: When the conduct of any licensee or his/her agent, representative, employee or lessee or the condition of his/her 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 shall have the authority to summarily condemn or close off such area of the rental dwelling. (Ord. 266A, 5-6-2003) 9-8-18: 9 8 17: APPEALS: Any person aggrieved by a decision of the city to cease business or revoke or suspend the license shall be entitled to appeal to the City Council immediately by filing a notice of appeal. The city 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 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 be affected. (Ord. 266A, 5-6-2003) 9-8-19: 9 8 18: APPLICABLE LAWS: Licensees shall be subject to all of the ordinances of the city and laws of the state related to rental dwellings. This chapter shall not be construed or interpreted to supersede or limit any other such applicable ordinance or law. (Ord. 266A, 5-6-2003) Adopted by the City Council of the City of Andover on this 19th day of May, 2009. ATTEST: CITY OF ANDOVER ~' ~~ J.uM.c:J)~ 'chelle Hartner Deputy City Clerk Mayor