HomeMy WebLinkAbout2019-10-17 HEDC Packet
AGENDA
CITY OF MAPLEWOOD
HOUSING AND ECONOMIC DEVELOPMENT COMMISSION
Thursday, October 17, 2019
6:00 P.M.
Council Chambers - Maplewood City Hall
1830 County Road B East
1. Call to Order
2. Roll Call
3. Approval of Agenda
4. Approval of Minutes:
a. July 18, 2019
5. New Business:
a. International Property Maintenance Code
b. Update on 2019 Business Engagement Program
c. 2020 Business Awards
d. Fall Community Engagement Event (No Report)
6. Unfinished Business:
7. Visitor Presentations:
8. Commission Presentations:
a. Business Engagement on City Construction Projects
9. Staff Presentations:
a. Rental Housing Licensing Program
b. EDA and HEDC Bus Tour November 16, 2019 (No Report)
c. Development Summary (No Report)
10. Adjourn
MINUTES OF THE HOUSING AND ECONOMIC DEVELOPMENT COMMISSION
1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA
JULY 18, 2019
6:00 P.M.
1.CALL TO ORDER
A meeting of the Commissionwas held in the City Hall Council Chambers and was called to order
at 6:01p.m.byChairperson Jenkins.
2.ROLL CALL
Commissioners
Denis Dupee, CommissionerPresent
Brian Finley, CommissionerPresent
Darryl Henchen, CommissionerPresentat 6:04 p.m.
Mark Jenkins, ChairpersonPresent
Joy Tkachuck, Vice ChairPresent
Dennis Unger, CommissionerPresentat 6:05 p.m.
Staff
Michael Martin, Planner,Assistant Community Development Director
Ron Batty, City Attorney
3.APPROVAL OF AGENDA
Commissioner Tkachuckmoved to approve the agenda as submitted.
Seconded by CommissionerFinley.Ayes –All
The motion passed.
4.APPROVAL OF MINUTES
Commissioner Tkachuckmoved to approve the minutesfor April 18, 2019as submitted.
Seconded by CommissionerFinley.Ayes –All
The motion passed.
5.NEW BUSINESS
a.Restructuring the Maplewood Area Economic Development Authority
i.Assistant Community Development Director, Michael Martin introduced this item and
turned the discussion over to City Attorney Batty to present. Mr. Martin also answered
questions of the commission.
ii.City Attorney, Ron Batty gave the presentation on Restructuring the Maplewood Area
Economic Development Authority and answered questions of the commission.
This item will be discussed at the city council meeting July 22, 2019.
b.Update on 2019 Business Engagement Program
i.Assistant Community Development Director, Michael Martin gave the update on the 2019
Business Engagement Program.
July 18, 2019
1
Housingand Economic Development CommissionMeetingMinutes
Commissioner’s Henchen and Finley discussed the meetings they had with Maplewood
businesses and the concerns raised by business owners and their thoughts of the future of
Maplewood.
Upcoming business visits will be:
Hill Murray School July 23rd at 10:00 a.m.
th
Crooked Pint July 30at 2:00 p.m. and
th
Community Dental on August 8at 1:00 p.m.
No action was required.
c.Community Engagement Breakfast (No Report)
i.Assistant Community Development Director discussed the community engagement
breakfast.
6.UNFINISHED BUSINESS
None.
7.VISITOR PRESENTATIONS
None.
8.COMMISSIONPRESENTATIONS
None.
9.STAFF PRESENTATIONS
a.Development Summary (No Report)
1.First Evangelical Church is looking at developing land they own and more information will be
updated by this fall regarding those plans.
th
2.The Planning Commission will be hearing discussion regarding the North End August 20.
3.There is discussion regarding a potential hotel by the Maplewood Mall but more information
will be available after the north end discussion this fall.
4.The EDA Ordinance Amendment is a public hearing so the city council would like to have a
nd
HEDC member at the city councilmeeting on Monday, July 22.
5.The new Community Development Director,Jeff Thomson will be the new HEDC Staff
Liaison.
The HEDC commission thanked Michael Martin for his countless time serving the HEDC
members as the staff liaison.
Mr. Martin thanked the commission for the opportunity and is excited for new changes ahead.
10.ADJOURNMENT
Chairperson Jenkinsadjourned the meeting at 7:15p.m.
July 18, 2019
2
Housingand Economic Development CommissionMeetingMinutes
HOUSING & ECONOMIC DEVELOPMENT COMMISSION STAFF REPORT
Meeting Date October 17, 2019
REPORT TO:
Housing and Economic Development Commission
REPORT FROM:
Jeff Thomson, Community Development Director
PRESENTER: Jeff Thomson, Community Development Director
AGENDA ITEM:
International Property Maintenance Code
Action Requested: Motion Discussion Public Hearing
Form of Action: Resolution Ordinance Contract/Agreement Proclamation
Policy Issue:
One of
property maintenance regulations to provide clear, specific, and consistent regulations to ensure
clean, secure, and well-maintained rental properties in the community.
Recommended Action:
Motion to recommend that the city council amend the cproperty maintenance regulations to adopt
the International Property Maintenance Code
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is enter amount or $0.00.
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other:
Strategic Plan Relevance:
Financial Sustainability Integrated Communication Targeted Redevelopment
Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt.
The adoption of the International Property Maintenance Code will allow the city to provide a more
efficient and effective rental property inspection program.
Background
On September 23, 2019, the city council adopted an ordinance establishing rental licensing
requirements for all rental dwellings in the city. The goals of the rental licensing ordinance are to: (1)
provide clean, secure, and well-maintained rental properties and units; (2) ensure safe and crime-
free housing for renters; and (3) enhance neighborhood stability.
Beginning in 2020, all rental dwellings will be required to obtain an annual license from the city. The
license will require that all rental properties and rental units comply with city code requirements and
property maintenance standards. As part of the licensing process, properties will be inspected by the
city on a regular basis to ensure compliance with the property
maintenance code.
component of the licensing program in
order to meet the goals of the program. Unlike the building code, in which the city adopts the
International Building Code, the city has its own property maintenance regulations. The existing
regulations provide different maintenance standards and requirements for rental housing versus
owner-occupied housing. The existing regulations address the following items:
Yards
Exteriors of structures
Interior of structures
Basic facilities
Maintenance
Light and ventilation
Fire safety standards
International Property Maintenance Code
In order to provide more modern and up-to-date regulations for maintenance of existing buildings, city
staff is recommending that the city replace the existing property maintenance standards with the
International Property Maintenance Code (IPMC). The International Property Maintenance Code is
developed by the International Code Council, the same organization that develops the building code.
The benefits of the International Property Maintenance Code are:
Provides clear, specific, and consistent property maintenance requirements
Helps in enforcing the requirements
Compatible with building and fire codes
Regularly reviewed for improvements and updates
Adopted by other cities in the Twin Cities area
The 2018 edition of the International Property Maintenance Code is attached. The IPMC includes the
following chapters:
Scope and Administration
Definitions
General Requirements
Light, Ventilation and Occupancy Limitations
Plumbing Facilities and Fixture Requirements
Mechanical and Electrical Requirements
Fire Safety Requirements
Referenced Standards
Attachments
1. Existing Property Maintenance Code
2. International Property Maintenance Code
HOUSING & ECONOMIC DEVELOPMENT COMMISSION STAFF REPORT
Meeting Date October 17, 2019
REPORT TO:
Housing and Economic Development Commission
REPORT FROM:
Jeff Thomson, Community Development Director
PRESENTER: Jeff Thomson, Community Development Director
AGENDA ITEM:
Update on 2019 Business Engagement Program
Action Requested: Motion Discussion Public Hearing
Form of Action: Resolution Ordinance Contract/Agreement Proclamation
Policy Issue:
The city has signed an agreement with the Saint Paul Area Chamber of Commerce to continue the
This is an update on the current status of the
2019 program.
Recommended Action:
No action is required.
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other:
Strategic Plan Relevance:
Financial Sustainability Integrated Communication Targeted Redevelopment
Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt.
Background
In 2019, the city is partnering with the Saint Paul Area Chamber of Commerce (SPACC) to continue
Business Recruitment, Expansion and
Attraction (BRE&A) program will build on the past efforts that have been completed in 2017 and 2018.
The program was developed using the following principles:
Demonstrate to businesses that the community appreciates their presence
Help existing businesses solve immediate problems
Understand the needs of the businesses in the community and share information on city and
other local and regional resources that are available
Build community capacity to sustain growth and development over the long term and assist in
establishing a strategic plan for economic development
Incre
The SPACC has identified and targeted business that will be visited this year. The businesses include
legacy business that have been visited in the past (3M, Maplewood Mall, and school district), as well
as businesses that we have not reached in previous years. The city has met with 14 business so far,
and is working on completing the final business visits in coordination with the Rice Larpenteur
Alliance.
Once the business visits are complete and the results analyzed, the SPACC will give a full report and
presentation to the city.
Attachments
None
HOUSING & ECONOMIC DEVELOPMENT COMMISSION STAFF REPORT
Meeting Date October 17, 2019
REPORT TO:
Housing and Economic Development Commission
REPORT FROM:
Jeff Thomson, Community Development Director
PRESENTER: Jeff Thomson, Community Development Director
AGENDA ITEM:
2020 Business Awards
Action Requested: Motion Discussion Public Hearing
Form of Action: Resolution Ordinance Contract/Agreement Proclamation
Policy Issue:
At the annual State of the City event, the city presents business awards to recognize the outstanding
contributions of Maplewood businesses. The city is preparing for the 2020 State of the City in January
2020. City staff recommends that the commission review the business award categories and
nomination process and provide feedback.
Recommended Action:
a. Discuss and make recommendations for the 2020 award categories
b. Discuss and provide direction on nomination solicitation process
c. Appoint a subcommittee to review award nominations
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other:
Strategic Plan Relevance:
Financial Sustainability Integrated Communication Targeted Redevelopment
Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt.
Background
In past years, the HEDC has established a subcommittee to meet once in December to review the
nominations and select two nominees in each category and then rely on online voting by the whole
commission to select each category winner. The 2019 awards included the following categories:
Entrepreneurship/Innovation/Growth Award: Recognizing Maplewood businesses and
entrepreneurs that establish and achieve aggressive goals that result in the creation of new
business and improvements to existing businesses.
Environmental Sustainability Award: Recognizing Maplewood businesses that improve their
energy conservation and waste disposal policies, practices and operational procedures
yielding cost savings and improvements to their bottom line.
Community Contribution Award: Recognizing Maplewood businesses that increase the level
of their engagement, support and contributions to the community. This award honors
businesses that have improved their ability to attract, engage, and retain employees who value
social responsibility.
Attachments
None
HOUSING & ECONOMIC DEVELOPMENT COMMISSION STAFF REPORT
Meeting Date October 17, 2019
REPORT TO:
Housing and Economic Development Commission
REPORT FROM:
Jeff Thomson, Community Development Director
PRESENTER: Jeff Thomson, Community Development Director
AGENDA ITEM:
Business Engagement on City Construction Projects
Action Requested: Motion Discussion Public Hearing
Form of Action: Resolution Ordinance Contract/Agreement Proclamation
Policy Issue:
As part of city construction projects, the city engages residents and businesses that may be impacted
by the construction. This is an update on the Frost Avenue construction project and the business
outreach that occurred.
Recommended Action:
None
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other:
Strategic Plan Relevance:
Financial Sustainability Integrated Communication Targeted Redevelopment
Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt.
Background
Commissioner Finley requested that city staff provide an update at the meeting regarding business
engagement during city construction projects.
Attachments
None
HOUSING & ECONOMIC DEVELOPMENT COMMISSION STAFF REPORT
Meeting Date October 17, 2019
REPORT TO:
Housing and Economic Development Commission
REPORT FROM:
Jeff Thomson, Community Development Director
PRESENTER: Jeff Thomson, Community Development Director
AGENDA ITEM:
Rental Housing Licensing Program
Action Requested: Motion Discussion Public Hearing
Form of Action: Resolution Ordinance Contract/Agreement Proclamation
Policy Issue:
Since 2018, the housing and economic development commission and city council have discussed
the implementation of a rental housing licensing program. The primary goals of the rental housing
program are to: (1) provide clean, secure, and well-maintained rental units; (2) ensure safe and
crime-free housing for renters, and (3) to enhance neighborhood stability in the city.
Recommended Action:
None
Fiscal Impact:
Is There a Fiscal Impact? No Yes, the true or estimated cost is
Financing source(s): Adopted Budget Budget Modification New Revenue Source
Use of Reserves Other:
Strategic Plan Relevance:
Financial Sustainability Integrated Communication Targeted Redevelopment
Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt.
Background
On September 23, 2019, the city council adopted an ordinance establishing rental licensing
requirements for all rental dwellings in the city.
Ordinance Key Points
The ordinance adopted by the city council is attached. Key points of the ordinance include:
Beginning in 2020, all rental dwelling units will be required to have an annual license from
qualifying relative, units that are rented for less than 120 days when the owner resides in the
unit the rest of the year, and for other residential facilities that have another types of license,
such as group homes, nursing homes, and residential facilities in which the city has issued a
license for reasonable accommodation under the Federal Fair Housing Amendments Act.
Rental properties must pass a property inspection and must be maintained in accordance
with city code requirements and property maintenance standards.
Owners or their property managers are required to attend crime-free housing training.
Owners or their property managers are required to screen all potential tenants by using a
written rental application, and must conduct a criminal background check on all prospective
tenants. The ordinance does not require that an owner or property manager take any action
based on the results of the background check. The intent is that owners and property
managers are aware of the criminal history of potential tenants as they make decisions
regarding leasing.
Owners or their property managers must have a written lease for all people that live in the
-Free/Drug-
Property owner must provide 24-hour contact information for a person who resides within
the Twin City metropolitan area who is responsible for code compliance of the rental
property. This person will be either the owner or agent of the property owner.
The city manager may deny or not renew a license and the city council may revoke or
suspend a rental license for failure to address any tenant or property issues, or for not
complying with any licensing requirements.
Inspections
All rental properties will be inspected on a regular basis to ensure that they comply with building
c
establish an inspection policy that determines the frequency of inspections from one to three years.
The inspection frequency will be based on the age of the structure, inspection history, and
compliance record for the property.
Since it is not feasible for the city to inspect all rental dwellings in the first year, the city intends to
implement the initial inspections over a three year period under the following schedule:
2020 All multi-family rental properties would be inspected (96 properties and 4,328 units)
2021 One half of the single-family rental properties would be inspected (approximately 250
properties)
2022 The other one half of single-family rental properties would be inspected
(approximately 250 properties)
As each year of inspections are completed, each property would then be inspected according to the
Fees
The city has established the fees for the annual license as $150 per building plus $50 for each unit
proposed, the fees would cover the full cost of the licensing program staff and expenses so that the
property tax levy would not support the program costs.
Based on the fees, the following are examples of the annual cost for rental property owners:
Single-family home $200 per year
Duplex (both units) $250 per year
25-unit building $1,400 per year
50-unit building $2,650 per year
100-unit building $5,150 per year
150-unit building $7,650 per year
The fee schedule would include incentives for well-performing properties. The initial inspection and
first re-inspection would not incur an additional fee. However, if the city has to continually inspect a
rental property, the second re-inspection would incur an additional $250 fee, and any third or
subsequent re-inspection would incur an additional $500 fee per inspection.
Attachments
1. Rental Licensing Ordinance
ORDINANCE NO. ___
AN ORDINANCE ESTABLISHING RENTAL
LICENSING REQUIREMENT FOR RENTAL DWELLINGS
The City Council of the City of Maplewood ordains as follows:
Section I.The Maplewood City Code, Chapter 12-Buildings and Building Regulations is hereby
amended by adding Article XIII-Licensing of Rental Dwellings:
ARTICLE XIII-LICENSING OF RENTAL DWELLINGS
Sec. 12-600.-Purpose.
It is the purpose of this Chapter to protect the public health, safety and welfare of the City by adopting a
rental dwelling licensing, inspection,and maintenance program that corrects substandard conditions,
maintains standardsfor existing and newly constructed rental dwellings, and ensures neighborhood
stability in the City. The operation of rental properties is a business enterprise that includes certain
responsibilities. Rental dwellingowners and managers areresponsible to take such reasonable steps as
are necessary to ensure that the residents who occupy such rental units, as well as neighboring
properties, may pursue the quiet enjoyment of the normal activities of life in surroundings that are safe,
secure, sanitary, free from noise, nuisances and annoyances, and free from unreasonable fears about
safety of persons and property.
Sec. 12-601.-Definitions.
Words used in this Chapter shall have the following meanings unless otherwise defined in this Chapter.
(1)City Managermeans the City of Maplewood City Manager or his or her designee.
(2)Dwellingmeans a building or one or more portions of a building occupied or intended to be
occupied for residential purposes.
(3)Letor Rentmeans to permit possession or occupancy of a dwelling by a person who is not the
legal owner of record thereof, pursuant to the terms of a written or unwritten lease.
(4)Licenseemeans an Owner that operates a rental dwelling and is required to be licensed under this
Chapter.
(5)Managermeans any person who has charge, care,or control of a rental dwelling.
(6)Occupantmeans any person occupying, living, or sleeping or having possession of a space within
any dwelling.
(7)Operatemeans to charge a rental charge, fee or other form of monetary or non-monetary
compensation for the use of a rental dwelling.
(8)Ownermeans a person or person holding title to a property or otherwise having control of the
property, as recorded in the official State, County, or City records.
(9)Personmay be an individual, corporation, firm, association, company, partnership, organization or
any other group acting as a unit.
(10)Qualifying Relativemeans the owner’s parent, stepparent, child, stepchild, grandparent,
grandchild, brother, sister, uncle, aunt, nephew or niece. This relationship may be either by blood
or by marriage.
(11)Rental Dwellingmeans any building or portion of a building which is let or rentto one or more
persons who are not the owner orqualifying relative.
(12)Rental Dwelling Inspection Certificatemeans a certificate issued by the City Manager after the
rental dwelling has passed a rental dwelling inspection.
(13)Tenantmeans any person occupying a dwelling unit or having possession of a space within a
dwelling unit who pays, in any manner,for the right to occupy such space or who has a leasehold
right to occupy the dwelling unit.
Sec. 12-602.-License Required.
(1)General Rule. No person may operate a rental dwelling in the City without a license from the City.
(2)Exceptions.
(a)These rental licensing requirements do not apply to aresidential dwellingthat is occupied
by the Owner or the Owner's qualifying relatives.
(b)These rental licensing requirements do not apply toaresidentialdwellingwhen the
dwelling is rented for a period of less than 120 consecutive days and the Owner occupies
the property during the remainder of the year.
(c)These rental licensing requirements do not apply to Minnesota Department of Health–
licensed rest homes, convalescent care facilities,group homes, nursing homes, hotels,
motels, or cooperatives.
(d)These rental licensing requirements do not apply to a facility for which a reasonable
accommodation has been granted by the city under the Federal Fair Housing Amendments
Act of 1988.
(3)Application Requirements. An Owner of a rental dwelling must complete an application on an
official application form provided by the City and submit the required application fee. Renewal
applications may be submitted by an Owner on a simplified renewal form provided by the City. The
City Manager must be notified in writing within 30 days of any changes to the information provided
on the application. Applications must include the following information at a minimum:
(a)The name, address, telephone number, e-mail address, and date of birth of the property
Owner.
(b)The name, address, telephone number, e-mail address, and date of birth of a designated
local Manager if the Owner resides outside of the Twin Cities metropolitan service area.
(c)The local address of the rental dwelling and the number of units and types of units
(condominium, apartment, townhome, etc.) within the rental dwelling.
(d)Property Contact Information. The license applicant must provide 24 hour contact
information for the following people:
i.At least one Owner of the rental dwelling;
ii.At least one Manager, if different from the Owner, who is responsible for managing
the property in compliance with this and any other Code requirement pertaining to
the rental dwelling who must reside in the Twin Cities metropolitan service area; or
iii.If the Owner uses a property management company for management of the rental
dwelling, the name and contact information of the person at the property
management company responsible for managing the rental dwelling.
(4)Fees. There shall be a licensing fee as established by the City’s Fee Schedule. All fees and fines
shall be charged to and payable by the Owner.
Sec. 12-603. -Rental Dwelling Inspection Certificate.
Prior to operatinga rental dwelling, the Licenseemustobtain a rental dwelling inspection certificate from
the City. Rental dwellings will be inspected on a schedule between one and three years as determined by
the City Manager. The City Manager will adopt an inspection policy for rental dwellings taking into account
the property's inspection history, history of compliance with Federal, State and Local Law, and the history
of inspections, property maintenance violations, and other code enforcement violations at the property.
Sec. 12-604.-Written Tenant Application and Lease Agreement Required.
The Licensee must screen all potential tenants using a written tenant application. The Licensee must use
a written lease agreement for all tenants. The Licensee must have all tenants execute a Minnesota Crime
Free Housing Lease Addendum. The written tenant application must include sufficient information so that
the Licensee can conduct an appropriate criminal background check on prospective tenants. The written
tenant application and written lease agreement and the Minnesota Crime Free Housing Lease Addendum
for each tenant must be part of the Licensee's files. Upon request the Licensee must show proof,
satisfactory to the City, that the Licensee is maintaining the documents required by this section.Failure to
use, maintain, or provide these documents to the City upon request is a violation of this Chapter.
Sec. 12-605.-Changes in Ownership.
A license is non-transferable. If there is a change in the ownership of the rental dwelling the license
automatically expires. The new owner must apply for a license under this Chapter prior to the change in
ownership.
Sec. 12-606.-Changes in the Rental Dwelling.
If changes are made in the number or type of units within the licensed premises, the Licensee shall file an
application to amend the rental license. Depending on the nature of the changes, the City may require a
new property inspection.
Sec. 12-607.-Annual License.
Licenses issued under this division shall have a duration period ofoneyear.The expiration date of the
license is as may be imposed, set, established and fixed by the Building Official. A license renewal
application must be submitted tothe city prior to the expiration date.
Sec. 12-608.-Tenant Background Checks and Roster.
As a condition of the license, the Licensee must, as a continuing obligation, conduct acriminal
background check on all prospective tenants and maintain a current roster of tenants and other persons
who have a lawful right to occupy the rental dwelling. The Licensee must designate the name of the
person or persons who will have possession of the roster and must promptly notify the City Manager of
any change in the identity, address or telephone numbers of the designee. The roster must be available
for inspection by City officials upon request. If a person under investigation by the City claims a lawful
right to occupy a rental dwelling or be present on the rental property, the City Manager may request to
inspect the lease for the unit in which the person claims to reside. Upon such request, the Licensee shall
provide the lease for inspection.
Sec.12-609.-Notification Requirements for Public Hearings.
The Licensee must, as a continuing obligation of the license, provide written notice to tenants or in the
alternative, post the written notice in the lobby or common area of the rental dwelling for any public
hearing notice received by the Licensee that pertains to the rental dwelling, the property on which the
rental dwelling is located,or any adjacent rights of way.
Sec. 12-610.-Display of License Certificate.
For dwellings containing four or more dwelling units, the rental license certificate must be displayed in the
lobby or other common area visibly accessible to all tenants of the licensed dwelling. The license
certificate must be encased in a frame with a clear glass or plastic surface over the certificate and must
be mounted securely to a wall. For dwellings containing fewerthan four dwelling units, the Licensee must
provide a copy of the rental license certificate to each tenant by attaching the copy to the Tenant's copy of
the executed lease agreement.
Sec. 12-611.-Compliance with Minn. Stat. §211B.20.
Licensee must comply with the requirements of Minn. Stat. §211B.20 and allow access to candidates who
have filed for election to public office and seekadmittance to the rental dwelling solely for the purpose of
campaigning.
Sec. 12-612.-Crime-Free Rental Housing Phase I Training Required.
The Licensee or the Manager with control over the rental dwellings must attend, at a minimum, the Phase
Icrime-free rental housing educational course or similar course as approved by the City Manager as a
condition of receiving or renewing a license. The cost of attending the educational requirements under
this section shall be paid in addition to any licenseand inspection fees. Course attendance will be
required on a schedule to be determined by the City Manager.
Sec. 12-613.-Responsibility for Acts of Manager.
Licensees are responsible for the acts or omissions of their Managers as it pertains to the rental dwelling.
Sec. 12-614.-Maintenance Standards.
(1)It is the responsibility of the Licensee to assure that every rental dwelling is maintained in
compliance with all City Ordinances and State and Federal laws. A violation of any of the following
City Code Titles or Chapters constitutes a public nuisance and may be abated under the
provisions of the NuisancesChapter (18-26) or Administrative Offenses Chapter(Sec 1-17)of City
Code:
a.Building and Building Regulations Code (Chapter 12),
b.Zoning Code(Chapter 44),
c.Animals Code (Chapter 10),
d.Fire Prevention and Protection Code (Chapter 20),
e.Offenses and Miscellaneous Provisions (Chapter 24).
f.Environment (Chapter 18).
(2)Snow and Ice Removal. Rental dwellings containing four or more dwelling units must remove
snowfalls of one inch or more, or successive snowfalls accumulating to a depth of one inch or
more, from all walkways, sidewalks and steps within 12 hours of cessation of the snowfall. Rental
dwellings containing four or more dwelling units must remove snowfalls of three inches or more, or
successive snowfalls accumulating to a depth of three inches or more from parking aisles, parking
areas, and drives within 72 hours of cessation of the snowfall.
(3)Inspections. The Building Official, Fire Chief, Police Chief and their respective representatives are
authorized to make inspections reasonably necessary to enforce this Chapter. All authorized
inspectors have the authority to enter any rental dwelling at all reasonable times. Pursuant to
Minnesota Statutes, Section 504B.211, the Licensee is responsible for scheduling the inspection
and notifying any existing tenant of the inspection. The Licensee must provide access to the
requesting City Official at the date and time of the scheduled inspection. Failure to provide access
for any reason may result in a re-inspection fee, in addition to any other sanctions imposed for
noncompliance.
(4)Access by Occupant. Each occupant of a rental dwelling shall give the Licensee or Manager or
authorized City Official access to any part of such rental dwelling at reasonable times for the
purpose of inspection, maintenance, repairs or alterations as are necessary to comply with the
provisions of this Chapter.
(5)Solid Waste.Rental dwellings must comply with the Solid Waste Management ordinance (Chapter
30) for trash and recycling collection.
Sec. 12-615.-License Denial, Suspension, or Revocation.
(1)Grounds for Denial, Suspension or Revocation. The City Manager may deny or not renew a
license and the City Council may revoke or suspend a license for any of the following reasons that
shall also constitute a violation of this Chapter:
(a)The property does not conform to City Code;
(b)The property does not comply with a health, building, maintenance, or other provisions of
the City Code or State Law;
(c)The Licensee has failed to pay the license fee, inspection fees, or a fine that has been
imposed;
(d)The Licensee has made fraudulent statements, misrepresentations, or false statements in
the application or investigation or in any information required by this Chapter;
(e)The Licensee has been convictedof a background check crime as defined in Minnesota
Statutes Section 299C.67, subd.2, as may be amended from time to time,or any crime
related to the licensedbusiness,and failure to show, by competent evidence, rehabilitation
and present fitness to perform the duties of the business;
(f)Operating or allowing the rental property to be used in such a manner as to constitute a
breach of the peace, a menace to the health, safety, and welfare of the public, or a
disturbance of the peace or comfort of the residents of the City, upon recommendation of
the Chief of Police;
(g)Actions unauthorized or beyond the scope of the license granted;
(h)The Licensee's rental license to operate another rental dwellingin the City of Maplewood
or in another jurisdiction has been denied, revoked, or suspendedwithin the past year;
(i)Failure to schedule or allow inspections of the licensed premises for the purpose of
ensuring compliance with rental licensing requirements,City Code requirements, State
building codes, or other applicable State or Federal law;
(j)Failure to continuously comply with all conditions required in theapproval of the license;
(k)Real estate taxes or city fees for the property aredelinquent
(l)Violation of any regulation or provision of the City Code applicable to the activity for which
the license has been granted, or any regulation or State or Federal law that may be
applicable;
(m)Excessive calls for service as determined by the Chief of Police under Section 1-15.5,
based on the number and nature of the calls compared to the number of dwelling units on
the property when the Licensee has been notified of the calls by the Chief of Police and the
Licensee has failed to supply an appropriate written action plan for reducing the calls for
service, or when the calls for service exceed an established threshold a second time within
12 months of completing an action plan for previously exceeding the threshold.
(n)Failure to actively pursue the eviction of tenants who have violated the provisions of the
crime free lease addendum or who have otherwise created a nuisance in violation of the
provisions of the written lease; or
(o)Other good cause as determined by the City Council after conducting a public hearing.
(2)The City Council may revoke a license or suspend a license for a set period of time or until
violations of City Code, or State or Federal law are corrected and, in addition, impose a civil
penalty for each violation or impose a combination of these sanctions.
(3)Temporary Suspension. The City Council may temporarily suspend a license pending a hearing
on the suspension or revocation when, in its judgment, the public health, safety, and welfare is
endangered by thecontinuance of the licensed activity.
(4)Notice. Before the suspension or revocation of the rental license, the City must provide written
notice informing the Licensee of the right to a hearing. The notice must provide at least 20
calendar days notice of the time and place of the hearing and must state the grounds for the
proposed suspension or revocation of the license. The notice may be served upon the Licensee
personally, by leaving the notice at the licensed premises with the designated Manager, or by
certified mail to the address listed on the license application.
(5)Hearing. A hearing will be conducted before the City Council at a public meeting. The Licensee
shall have the right to be represented by Counsel, the right to respond to the charged violations,
and the right to present evidence through witnesses. The rules of evidence do not apply to the
hearing and the City Council may rely on all evidence it determines to be reasonably credible. The
determination to suspend or revoke the license shall be madeupon a preponderance of the
evidence. It is not necessary that criminal charges be brought in order to support a suspension or
revocation of a license violation nor does the dismissal or acquittal of such a criminal charge
operate as a bar to suspension or revocation.
(6)Final Decision. Following the hearing, the Council may revoke or suspend the license for all or any
part of the licensed premises, may stay the revocation or suspension upon such terms and
conditions as it deems reasonable and necessary to accomplish the purposes of this Chapter, or
grant or continue the license. If the Council suspends or revokes the rental license, the Council
may also order that any rent payable during the suspension or revocation period be paid into an
escrow account to be maintained by the City. The City may use the escrowed funds to pay for the
cost of abating violations at the property. Funds that remain in the escrow account after paying for
abatement items shall be returned to the Licensee upon the Licensee receiving a valid rental
license or upon the sale of the rental to an unrelated purchaser and after the rental dwelling has
been brought into full compliance with City Code. The decision by the City Council following a
hearing is final. Upon a decision to suspend a license, no new application from the current
Licensee for the same rental dwelling will be accepted for a period of time specified in the
Council's decision, not exceeding one year. A decision to revoke a license will result in no new
application being accepted from the same Licensee for a minimum of one year.
(7)Appeal of Decision to Deny or not Renew License. If the City Manager denies or does not renew a
license, the Licensee shall be notified in writing, specifying the reasons for denying or not
renewing the license. If the Licensee corrects the conditions leading to the denial or non-renewal
within seven days, the City Manager shall issue the license. A Licensee whose license has been
denied or not renewed by the City Manager may appeal the decision by filing with the City
Manager a written notice of appeal within seven days of receiving notice of the City Manager's
decision. The hearing will be conducted pursuant to Section 12-615(5).
(8)Notification to Tenants. Upon denial, suspension, revocation or other enforcement action of a
license, the City will notify all affected tenants of the action against the license. If the license is
revoked or suspended the Licensee may not let, rent or allow to be occupied any vacant dwelling
units, or dwelling units that become vacant during the revocation or suspension period.
Sec. 12-616.-Summary Action.
(1)Emergency. When the conduct of any Licensee, Manager, or Tenant, or the condition of the rental
dwelling, or the property in or on which it is located, is detrimental to the public health, sanitation,
safety and general welfare of the community, or residents of the rental dwelling so as to constitute
a nuisance, fire hazard, or other unsafe or dangerous condition and thus give rise to an
emergency, the Building Officialhas the authority to summarily condemn or close areas of the
rental dwelling as the Building Official deems necessary, or may take other action to protect the
residents and general public as deemed necessary.
(2)Notice. Notice of summary action will be mailed to the Licensee by certifiedmailand posted at the
dwelling units or areas affected and will describe the dwelling units or areas affected. No person
shall remove the posted notice other than the Building Official or a designated representative.
(3)Costs. If the dwelling or dwelling unit is not condemned or closed pursuant to this section, the
costs of any services performed by the City to prevent the condemnation or closure of the dwelling
or dwelling unit may be levied against the property as a special assessment.
(4)Appeal. Any person aggrieved by a summary action of the Building Official shall be entitled to
appeal to the City Council by filing a notice of appeal with the City Manager within five days of the
summary action. The City Manager must schedule a date for hearing before the City Council and
notify the aggrieved person of the date. The hearing will be conducted pursuant to Section 12-
615(5).
Sec. 12-617.-Posted to Prevent Occupancy.
Whenever any rental dwelling is found to be hazardous or unfit for human habitation, it shall be posted by
the Building Official or designee on the door of the rental dwellingto prevent further occupancy. No
person, other than the Building Official or designee, shall remove or alter any posting. The Building
Official or designee will post the date the rental dwelling shall be vacated and no person shall reside in,
occupy or cause to be occupied that rental dwelling until the Building Official or City Council permits it.
Sec. 12-618.-Falsely Reporting Violations.
No person shall report a violation of this Chapter knowing or having reason to know that the report is false
with the intent to affect the licensing status or inspection schedule of the rental dwelling.
Sec. 12-619.-Violations.
In addition to any other sanctions or administrative penalties imposed, any violation of this Chapter shall
constitute a misdemeanor offense, punishable as defined by State law. Each day of violation constitutes a
separate offense.
Sec. 12-620.-Rules, Policies, and Procedures.
By resolution the City Council may adopt, from time to time, rules, policies, and procedures for the
implementation of this Chapter. Violation of any such rule, policy, or procedure by a Property Owner shall
be considered a violation of this Ordinance.
Sec. 12-621.-No Warranty by City.
By enacting and undertaking to enforce this Chapter, neither the City nor its Council, agents or employees
warrant or guaranty the safety, fitness or suitability of any rental dwelling in the City. Licenseesand
occupants should take appropriate steps to protect their interests, health, safety and welfare.
Sec. 12-622.–Fair Housing Act
Licensee shall adhere to the requirements of the Fair Housing Act.
Section II.This ordinance shall be effective January 1, 2020.
rd
Approved by the City Council of the City of Maplewood this 23day of September, 2019.
___________________
Marylee Abrams, Mayor
ATTESTED:
_____________________
Andrea Sindt, City Clerk