[HISTORY: Adopted by the City of Isanti 12-3-2024 by Ord. No. 821.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 253, Rental Dwellings, adopted 5-6-2008 by Ord. No. 434, as amended.
A. 
The regulation of the rental practices of single-family and multi-family residential 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.
B. 
It is the purpose of this chapter to protect the public health, safety and welfare of residents 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. The general objectives of this chapter are:
(1) 
Maintain a quality character and stability of rental units within the City.
(2) 
Correct and prevent rental housing conditions that adversely affect or are likely to adversely affect the life, safety, welfare, and health of persons occupying rental units within the city.
(3) 
Provide minimum standards for cooking, heating, and sanitary equipment necessary to the health and safety of occupants of rental units.
(4) 
Provide minimum standards of light and ventilation necessary to the health and safety of occupants of rental units.
(5) 
Prevent the overcrowding of rental units by providing minimum space standards per occupants for each rental unit.
(6) 
Provide minimum standards for the maintenance of rental units, and thus prevent slums and blight.
(7) 
Preserve the value of land and buildings throughout the City.
C. 
Rental dwelling owners and managers are responsible to take necessary reasonable actions to ensure that the residents 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.
This chapter is to be construed 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 a fair and 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.
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
ADULT
A person 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 FACILITY
Assisted living facilities licensed or registered by the State of Minnesota.
CITY ADMINISTRATOR
City Administrator or the City Administrator's designee.
DWELLING OR LIVING UNIT
A single residence or habitation providing living facilities for one or more persons. For purposes of this section, a single dwelling includes a freestanding dwelling, a single dwelling in a cooperative, a manufactured home, an individual condominium or townhouse, any single-family attached dwelling, a residential building, or a dwelling in a nonresidential structure.
LEASE
A written agreement creating a tenancy in real property.
LICENSE HOLDER or LICENSEE
The individual or corporation licensed to lease to residents.
PERSON
One 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 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.
PROPERTY 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.
RENT
The consideration paid by a tenant to the property 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, service, or repair.
RENTAL
A residential living unit that is occupied by people other than the property owner and/or qualifying relatives for which rent is paid.
RENTAL UNIT
A dwelling or portion thereof let for rent.
RESIDENTIAL BUILDING
A dwelling designed and used for multi-family residential rental units.
TENANT
Any adult person granted temporary use of a rental dwelling unit in exchange for rent payable to the property owner of the rental unit.
A. 
No person, firm, corporation, or other entity shall lease any rental unit upon real property for residential purposes or allow a rental unit to be occupied for which a license has not been granted by the City.
B. 
Property owners of rental units or the property manager for that specific rental unit must reside within 50 miles of the property.
C. 
Posting of license. Every licensee of a residential building and/or rental unit shall post the license for the residential building in the main entryway and in a conspicuous location in a rental unit.
A. 
The license shall be issued triennially and shall expire on June 1, the third year after issuance or renewal. License renewals shall be filed at least 60 days prior to license expiration.
A. 
Applications for rental dwelling licenses shall be made to the City by the owner of the rental unit. The following persons shall be authorized to sign and submit the application:
(1) 
If the owner is a natural person, the owner thereof.
(2) 
If the owner is a corporation, an authorized officer or agent thereof.
(3) 
If the owner is a partnership, by a general partner thereof.
B. 
The means of application shall be prescribed by the City and shall include:
(1) 
The name, address, email, and phone number of the owner of the residential building and/or rental unit.
(2) 
The name, address, email, and phone number of any operator or agent actively managing the rental dwelling.
(3) 
If the operator or agent is a business entity, the names, emails, telephone numbers, and addresses of individuals who will be involved in such management.
(4) 
If the applicant is a partnership, the name, address, email, and phone number of all partners.
(5) 
If the applicant is a corporation, the name, address, email, and phone number of all officers.
(6) 
If the residential building and/or rental unit is being sold on a contract for deed, the name, address, email, and phone number for the vendees.
(7) 
The legal address of the residential building and/or rental unit
(8) 
The number of rental units within the residential building.
C. 
Notification by the property owner shall be given to the City within five business days with any change of information as required and stated in the initial application.
A. 
Fees established, due date. License fees as set by the adoption of the fee schedule by the City Council shall be due 60 days prior to the license expiration date. In the case of a new construction rental dwelling building and/or rental unit, the license fee shall be due prior to the issuance of the certificate of occupancy.
B. 
The Cycle which the residential building and/or rental unit is placed is at the sole discretion of the City Administrator, or their designee.
C. 
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 of the renewal letter to submit to submit a completed application. A completed application includes all fees and relevant items.
D. 
If the completed application is received in a time period after the thirty-day window, 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 bases shall constitute a violation of this chapter.
E. 
Reinspection fee. A fee as set by the City Council shall be charged for all reinspections necessary after the first reinspection prior to the receipt of the license. The reinspection fee(s) will be payable prior to the reinspection being scheduled.
A. 
Compliance with chapter. The City shall issue a rental dwelling license if the building and application are found to be in compliance with the provisions of this chapter.
B. 
Conformance to laws. No rental license shall be issued or renewed unless the residential building and/or rental unit and its premises conform to the ordinances of the City and the laws of the State of Minnesota.
C. 
The City, 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.
A. 
No rental license shall be issued or renewed unless the property owner agrees to permit inspections pursuant to this section.
B. 
Every residential building and rental dwelling unit shall maintain the standards as stated in Chapter 256, Property Maintenance Code.
C. 
The City Administrator or designee is authorized to make inspections reasonably necessary to enforce this chapter. All authorized inspectors have the authority to enter any residential building and/or rental unit, or unrented and unoccupied residential building and/or rental unit upon reasonable notice to the licensee and at reasonable time.
(1) 
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.
(2) 
The licensee is responsible for notifying any existing tenant of the inspection at least 24 hours in advance.
(3) 
The licensee must provide access to the requesting City Official at the date and time of the scheduled inspection.
(4) 
The licensee or property manager must make themselves available to attend any inspections.
(a) 
Failure to provide access for any reason may result in a reinspection fee, in addition to any other sanctions imposed for noncompliance, including license suspension or revocation.
D. 
Persons inspecting any residential building and/or rental dwelling unit shall notify the applicant of all violations, if applicable, by issuing a correction order. Said correction order shall direct that code violations be resolved in no more than 14 days, unless extended by the Building Official. Housing Inspector. Fire Marshal, and/or their designee based on good cause.
E. 
All licensed residential buildings, and/or rental units shall be inspected in their entirety every three years prior to issuing or renewing a rental license. Residential buildings with shared common areas within a building shall be subject to an annual Fire Code inspection.
F. 
Residential Buildings and/or rental units and properties shall also be inspected following a formal concern filed in an off-inspection year. Such inspections shall confirm compliance with the Minnesota State Building Code, Minnesota State Fire Code, the City's Property Maintenance Code, as well as this chapter.
(1) 
Notice shall be given to the property owner regarding the potential violation prior to the inspection.
(2) 
If a violation exists, the property owner will be responsible for the inspection fee(s) and reinspection fee(s) identified in Chapter 160, Fees, which is adopted by the City Council.
(3) 
If no violation exists, the tenant will be responsible for the inspection fee identified in Chapter 160, Fees, which is adopted by the City Council.
A. 
It is the responsibility of the licensee to ensure that every residential building and rental 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 adopted by reference and are made a part of this chapter as if fully set out at length in their entirety, including all remedies therein, except as modified or amended in their respective chapters of the City Code.
(1) 
Failure to maintain a property in compliance may result in license suspension, revocation, or denial.
(2) 
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.
(3) 
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.
A. 
The City Administrator or their designee may post a notice on a residential building, and/or rental dwelling unit, to prevent occupancy whenever a rental unit has no license; has been denied an initial license; had its license revoked, denied, or not renewed; or the unit has been declared unfit for occupancy.
(1) 
No person, other than the City Administrator or their designee, may remove or alter the posting. The City Administrator or their designee will post the date the residential building, and/or rental dwelling unit must be vacated, and no person may reside in, occupy, or cause to be occupied until the City Administrator or their designee permits it. The property owner is responsible to ensure that the residential building, and/or rental dwelling unit is not occupied after posting.
(2) 
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 the City 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 Administrator 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.
(3) 
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.
No 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 30 calendar days after having legally transferred or otherwise disposed of the legal control of any licensed residential building and/or rental dwelling unit. Such notice shall include the name and address of the person succeeding to the ownership or control of such dwelling or dwellings.
A. 
Reason for action. The City 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.
(2) 
Failure to pay any application, penalty, reinspection, or reinstatement fee or any penalty required by this chapter.
(3) 
Failure to correct deficiencies noted in notices of violation in the time specified in the notice without being granted an extension.
B. 
Applicable sections. Revocation, suspension, and nonrenewal may be brought under this section.
C. 
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.
D. 
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 residential building and/or rental dwelling unit.
E. 
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.
F. 
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.
A. 
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:
(1) 
The City Administrator, or their designee regarding a licensee's compliance with this chapter; or
(2) 
Law enforcement or other governmental agencies relating to criminal activity, suspected criminal activity, suspicious occurrences, or public safety concerns.
B. 
This section shall not prohibit the eviction of tenants for unlawful conduct of a tenant or invitee of the tenant or violation of any rules, regulations, or lawful lease terms.
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 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.
Failure to comply. Any person convicted of violating any provision of this chapter is guilty of a misdemeanor. An administrative fine for violations of this chapter is hereby established and shall be in the amount set forth in Chapter 65, Administrative Penalties.