[HISTORY: Adopted by the City of Isanti 5-6-2008 by Ord. No.
434. Amendments noted where applicable.]
It is the purpose of this chapter to protect
the public health, safety and welfare of citizens of the City that
have as their place of abode a living unit furnished to them for the
payment of a rental fee to another. It is the intent of this chapter
that uniform standards be established and applicable for all rental
dwellings in the City.
The following words and terms used in this chapter
are construed and defined as follows:
A single unit providing complete independent living facilities
for one or more persons including permanent provisions for living,
eating, cooking, and sanitation.
[Amended 7-20-2021 by Ord. No. 763]
To charge a rental fee for the use of a living unit in a
rental dwelling.
Any building with living unit(s) for hire. "Rental dwelling"
does not mean on-campus dormitories, hospital units, nursing home
units, assisted living units, and hotels or motels with daily rental
units, located within the City, all of which shall be specifically
exempt from registration and license under this chapter.
[Amended 2-20-2024 by Ord. No. 804]
No person, firm, corporation or other entity
shall allow to be occupied or let to another a living unit in a rental
dwelling for which a license has not been granted by the City. The
license shall be issued biennially and shall expire on June 1, the
second year after issuance. License renewals shall be filed at least
60 days prior to license expiration.[1]
A.
Applications for rental dwelling licenses shall be
made in writing to the City by the owner of the dwelling units or
his/her legally designated 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:
B.
The registration statement shall be made on forms
prescribed by the City and shall include:
(1)
The name, address and phone number of the owner of
the rental dwellings.
(2)
The name, address and phone number of any operator
or agent actively managing the rental dwelling. If off site, provide
further data as to who it is.
(3)
If the operator or agent is a business entity, 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.
(4)
If the registrant is a partnership, the name, address
and phone number of all partners.
(5)
If the registrant is a corporation, the name, address
and phone number of all officers.
(6)
If the rental dwelling is being sold on a contract
for deed, the name and address for the vendees.
(7)
The legal address of the rental dwelling.
(8)
The number of units within the rental dwelling.
C.
Notification by the rental operator shall be given
to the City within five business days with any change of information
as required and stated in the initial application.
A.
License fees.
(1)
Fees established; due date. License fees as set by the adoption of a fee
schedule by the City Council shall be due 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
prior to becoming a rental unit). In the case of licensing periods
of less than two years, license fees shall be at the full rate as
shown on the City’s fee schedule. A license fee shall be collected
for each unit in a rental dwelling, except owner-occupied units, which
shall be exempt from inspection.
[Amended 8-18-2009 by Ord. No. 462]
(2)
Filing due date and penalty. License renewal letters
shall be sent to license holders 90 days before the expiration date
of the license. An applicant shall have 30 days from the date stated
in the letter to submit a completed application. A completed application
includes all fees and relevant items. If the completed application
is received in a time period after the thirty-day window, in the time
period of 60 to 30 days before the expiration date of the license,
the fee shall be 125% of the original fee charged for license renewal.
If the completed application is received with less than 30 days before
the expiration date of the license, the fee shall be 150% of the license
renewal fee. If the application fee is received after the expiration
date of the license, the fee shall be 200% of the license fee. Failure
to maintain the license on a current basis shall constitute a violation
of this chapter.
[Amended 11-4-2020 by Ord. No. 739]
B.
Reinspection fee. A fee as set by the City Council
shall be charged for all reinspection necessary after the first reinspection
prior to the receipt of a license. The reinspection fee(s) will be
payable at the time of license renewal for the property.
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 and the laws of the State of Minnesota.
C.
The Council, in its discretion, may have the right
to refuse to issue or renew a license for any premises on which taxes,
assessments or other financial claims of the City are delinquent or
unpaid. Delinquent or unpaid taxes, assessments or other financial
claims of the City on the premises for which the license has been
issued may be grounds for the revocation of a rental license.
[Added 3-17-2009 by Ord. No. 456]
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 housing dwelling unit shall maintain the standards as stated in Chapter 256, Residential and Nonresidential Property Maintenance Standards.
C.
The Building Official/Inspector, Fire Marshal and/or
their designated representatives are hereby authorized to enter the
property and premises to conduct inspections reasonably necessary
to the enforcement of this chapter.
D.
Persons inspecting any rental dwelling as provided
herein shall notify the license holder and/or applicant 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 in no more than seven days, unless extended by the Building
Official/Inspector and/or Fire Marshal based on good cause.
[Amended 7-20-2021 by Ord. No. 763]
E.
All units shall have the appropriate smoke and carbon
monoxide detectors as required in the Minnesota State Building Code.
[Amended 7-1-2008 by Ord. No. 438]
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 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.
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 licensed property shall be deemed
disorderly upon the repeated occurrence within any twelve-month period
of any one or more of any of the following activities:
(1)
Any violation of federal, state, or local statutes
regarding controlled substances.
(2)
Prostitution or prostitution-related activity.
(3)
Illegal gambling or gambling-related activity.
(4)
Illegal sales or consumption of any controlled substance,
including but not limited to drugs or alcohol.
(5)
Actions which constitute a violation of any Minnesota
Statutes relating to disorderly conduct.
(6)
Events which disturb the peace and tranquility of
the neighborhood.
(7)
Congregating in a tumultuous, noisy or rowdy crowd.
(8)
Loud music constituting a nuisance or disturbing the
peace.
(9)
Activities causing excessive pedestrian, bicycle or
vehicular traffic and/or parking problems and congestion.
(10)
Indecent exposure or lewd conduct.
(12)
Any firearms or weapons activities in violation
of any Minnesota Statutes.
(13)
Any underage tobacco use or possession in violation
of Minnesota Statutes.
(14)
Any other actions which constitute a pubic nuisance
under federal, state, or local laws or ordinances.
B.
Enforcement authority. The City Administrator and
his/her designee 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
in Minn. Stat. Ch. 504B, as may be amended, also apply to this chapter.
D.
Notice of violation.
(1)
Upon determination by the City that a dwelling 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.
(2)
Steps for notice:
(a)
There shall be verification of the occurrence
of conduct prohibited by this chapter.
(b)
Letter is sent via certified mail to the applicant
for the rental dwelling license and the rental maintenance company
notifying them of the violation and ordering remediation. The notice
shall be sent within one month of the occurrence of the most recent
violation noted therein.
[Amended 7-20-2021 by Ord. No. 763]
E.
Second instance.
(1)
If a second instance of disorderly use of the dwelling unit occurs within three 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 dwelling unit.
(2)
This written report shall be submitted to the City
within five 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 dwelling unit
within the preceding three months.
F.
Third instance. If a third instance of disorderly use of the dwelling unit occurs within three months after any two previous instances of disorderly use for which notices were given to the licensee pursuant to Subsections D and 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 which 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 10 days and no more than 30 days 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 provisional 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 30 days of notice given by the licensee to a tenant to vacate
the premises where the disorderly use was related to conduct by that
tenant or by other occupants or guests of the tenant's dwelling unit.
Eviction proceedings shall not be a bar to adverse license action,
however, unless they are diligently pursued by the licensees. 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.
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 or state law.
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 compliance with all applicable
laws and ordinances. In addition, snow plowing or snow shoveling shall
be regularly accomplished to maintain all sidewalks and parking areas
in a safe condition.
[Amended 7-20-2021 by Ord. No. 763]
An owner, operator or agent of a rental dwelling
shall be responsible for compliance with the applicable provisions
of the State Fire Code, including the keeping of all fire lanes open
for emergency purposes.
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, reinspection,
or reinstatement fee or any penalty required by this chapter.
[Amended 7-20-2021 by Ord. No. 763]
(3)
Failure to correct deficiencies noted in notices of
violation in the time specified in the notice.
(4)
Failure to comply with the provision of an approved
mitigation plan in the case of provisional licenses.
(5)
Any other violation of this chapter.
B.
Applicable sections. Revocation, suspension, and nonrenewal may be brought under either this section or § 253-9 of this chapter.
C.
Regular license. A regular 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 § 253-9 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 therefor 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 applicant 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, established by the City Council as set forth in Chapter 160, Fees, in addition to all other fees required by this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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-let
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.
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 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.
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.
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 to 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.
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.
Rental applications, payment of fees and fine
information may be obtained at City Hall offices during regular business
hours.
[Amended 7-1-2008 by Ord. No. 438; 7-20-2021 by Ord. No.
763]
By December 31, 2008, all owners of residential property subject to the terms of this chapter shall be in full compliance with the terms of this chapter. All violations of this chapter occurring thereafter shall be punishable as a misdemeanor as provided by Chapter 1, Article I, of this Code of the City of Isanti.
