HomeMy WebLinkAboutNo 1030 Amending Chapter 12 and Chapter 24 Pertaining to Licensing of Rental Dwellings and Repeat Nuisance Service CallsOrdinance 1030
AN ORDINANCE AMENDING CHAPTER 12 AND CHAPTER 24 OF THE
MAPLEWOOD CITY CODE PERTAINING TO LICENSING OF RENTAL DWELLINGS
AND
REPEAT NUISANCE SERVICE CALLS
THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA ORDAINS AS
FOLLOWS:
Section 1. Section 12-600 of the Maplewood City Code is hereby amended as follows:
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 standards for existing and newly
constructed rental dwellings, protects the safety of residents and the community and
ensures neighborhood stability in the city. The operation of rental properties is a
business enterprise that includes certain responsibilities. Rental dwelling owners and
managers are responsible 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.
Section 2. Section 12-608 of the Maplewood City Code is hereby amended as follows:
Sec. 12-608. Tenant background checks and roster.
As a condition of the license, the licensee must, as a continuing obligation,
conduct a criminal 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 by the city
manager and cooperate in identifying persons with a lawful right to be present on the
rental property.
Section 3. Section 12-614 of the Maplewood City Code is hereby amended as follows:
Sec. 12-614. Maintenance standards.
(a) 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 violation of this chapter and a public nuisance and may be
abated under the provisions of the Nuisances chapter (18-26) or
Administrative Offenses chapter (section 1-17) of City Code:
(1) Building and Building Regulations Code (chapter 12),
(2) Zoning Code (chapter 44),
(3) Animals Code (chapter 10),
(4) Fire Prevention and Protection Code (chapter 20),
(5) Offenses and Miscellaneous Provisions (chapter 24),
(6) Environment (chapter 18).
(b) 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.
(c) 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 Minn. Stats.
§ 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.
(d) 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.
(e) Solid waste. Rental dwellings must comply with the Solid Waste
Management Ordinance (chapter 30) for trash and recycling collection.
Section 4. Section 12-615 of the Maplewood City Code is hereby amended as follows:
Sec. 12-615. License denial, suspension, or revocation.
(a) 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:
(1) The property does not conform to City Code;
(2) The property does not comply with a health, building, maintenance,
or other provisions of the City Code or state law;
(3) The licensee has failed to pay the license fee, inspection fees, or a
fine that has been imposed;
(4) The licensee has made fraudulent statements, misrepresentations,
or false statements in the application or investigation or in any
information required by this chapter;
(5) The licensee has been convicted of a background check crime as
defined in Minn. Stats. § 299C.67, subd. 2, as may be amended
from time to time, or any crime related to the licensed business, and
failure to show, by competent evidence, rehabilitation and present
fitness to perform the duties of the business;
(6) 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 residents or the public, or a
disturbance of the peace, comfort or safety of the residents or the
public, upon recommendation of the chief of police;
(7) Actions unauthorized or beyond the scope of the license granted;
(8) The licensee's rental license to operate another rental dwelling in
the City of Maplewood or in another jurisdiction has been denied,
revoked, or suspended within the past year;
(9) 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;
(10) Failure to continuously comply with all conditions required in the
approval of the license;
(11) Real estate taxes or city fees for the property are delinquent;
(12) 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;
(13) Excessive calls for service as determined by the chief of police
under section 1-15.5, or section 24-148 of the City Code 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;
(14) 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;
(15) Failure of the licensee to provide a copy of the lease or otherwise
cooperate with the city manager in identifying individuals with a
lawful right to occupy a rental dwelling or to be present on the rental
property; or
(16) Other good cause as determined by the city council after conducting
a public hearing.
(b) 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.
(c) 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 the
continuance of the licensed activity.
(d) 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.
(e) 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 made upon 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.
(f) 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.
(g) 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(e).
(h) 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.
Section 5. Section 24-147 of the Maplewood City Code is hereby amended as follows:
Sec. 24-147. Scope and application.
This section applies to the owner of any private property which is the subject or
location of repeat nuisance service calls by city officials, including locations in which
persons under investigation for criminal activity reside or seek refuge. This section
applies to any repeat nuisance service calls made by a city peace officer, part-time
peace officer, community service officer, animal control, or other designated city official.
Adopted by the City of Maplewood this 23rd day of May, 2022.
___________________
Marylee Abrams, Mayor
Attest:
Andrea Sindt, City Clerk