HomeMy WebLinkAboutCity Council Ordinance 2008-14ORDINANCE NO. 2008-14
CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING
CHAPTER 4 OF THE PLYMOUTH CITY CODE
CONCERNING RENTAL DWELLINGS
THE CITY COUNCIL OF PLYMOUTH, MINNESOTA ORDAINS:
SECTION 1. Section 410 of the Plymouth City Code is hereby amended as follows:
410.15. Application for Licenses. Applications for licenses shall be made in writing on
forms provided by the City and accompanied by the fee amounts as established by the City
Council. Such application shall be submitted at least sixty (60) days prior to the expiration date
of the license, and shall specify the following:
Subd. 1. Name and address of the owner- of !be fental dwelling. In eases wher-e
limits,owner- of a ren4a! dwelling lives etitside of Hennepin Ceth,4y
the registration shall be
niade by an eperftter- who shall be legally responsible for- eempliffflee with this and
or-dinanees and sueh operator- shall live in Hennepin GeufA�, Name, business or residence
address and telephone number of the owner of the dwelling. If the owner is a partnership, the
name of the partnership, the name, residence address of the managing partner, and the full name
and address of all partners. If the owner is a corporation, the name and address of the
corporation, and the name and address of the chief operating officer; in cases where the owner of
a dwelling resides outside of the sixteen -county metropolitan area consisting of the following
counties: Hennepin, Rice, Wright, Anoka, Washington, McLeod, Ramsey, Dakota, Scott, Carver,
Sherburne, Isanti, Chisa og Sibley, LeSueur and Goodhue; the owner's agent/contact person shall
reside within the sixteen county area.
Subd. 2. Name and address of any opefater- or- agent aefively managing said rental
dig.- If the owner has appointed an agent authorized to accept service of process and to
receive and give receipt for notices, the name, business or residence address, and telephone
number of such agent.
Subd. 3. Every
applicant, whether an individual, partnership, or comoration, shall identifv in the application. b
name, residence or business street address and telephone number, and a natural person who is
actively involved in, and responsible for, the maintenance and management of the premises.
Said natural person shall, if other than the owner, affix his or her notarized signature to the
application, thereby accepting joint and several responsibility with the owner (including any
potential criminal, civil, or administrative liability) for the maintenance and management of the
premises. Apost office box or commercial mail receiving service are not acceptable as an
address for such person. The individual designated herein may also be the owner of the dwelling
or an agent identified in subsection (2) above.
Subd. 4. ,.Tame and addfess of all e ffiee,.s eft -he e ..afie,, if the r-egistf nt ;
supe,•. Street address of the dwelling.
Subd. 5. Name and address ef the vendee if the rental dwelling is ey"-fied er- being sold o
eenlfaet for- deed. Number and kind of units within the rental dwelling (dwelling units,
tenement units, rooming units or others). For each unit,specify the floor number, and the unit
number and/or letter and/or designation.
Subd. 6. Legal address of the fental dwelling. In the event that any of the information
required to be provided by this section changes, the applicant or licensee shall, within ten (10)
days, notify in writing the Code Official, or his/her designee, of the change. However, if the
natural person designated in subsection (3) changes, the licensee or applicant shall file and
entirely new application within ten (10) days. Furthermore, for just cause, the Code Official, or
his/her designee, may request that an applicant or licensee complete and file a new or
replacement application for anv rental dwelling, giving the licensee or applicant a minimum of
ten (10) days to comply.
Subd. 8. Name and addFess of on site operating managef if an5,
410.20.
thereof-. Temporary licenses. The Code Official may issue a temporary license to the owner of a
rental dwelling who has submitted an application and paid the license fee. A temporary license
shall authorize the continued occupancy of rental dwelling units in actual existence, pending
issuance of a rental dwelling license. A temporary license shall authorize the continued
occupancy of dwelling units converted to rental usage, which shall be inspected pursuant to
Section 410.32. A temporary license indicates only that the owner has submitted an application
for a license and paid the required fee, and that the license shall be issued or denied after the
building has been inspected for compliance with the minimum standards set forth in Section
410.40. A temporary license is not a determination that the building complies with the housing
maintenance code or minimum standards set forth in Section 410.40.
410.22 Mandatory Training. The owner or property manager of a rental dwelling must
complete Crime Free Multi Housingtrg offered by the Cily's police department or a similar
program approved by the City's police department. This training must be completed before the
license for a dwelling is renewed and thereafter evpH three years if the dwelling continues to be a
rental dwelling. The requirements for mandatory training do not apply to a person who only owns
or manages one rental dwelling unit in the City of Plymouth. If three or more violations of Code
section 410.42 occur in a 365 day period at a single family rental dwelling owned by a person who
is not required to have mandatory training, that person must complete the mandatory training
before the dwelling license may be renewed.
41.0.32. Inspections Required. Pursuant to this section, the Code Official shall make
inspections to determine the condition of rental dwellings located within the Ci for the purpose of
enforcing the rental licensing standards. The Code Official or designated representative ma enter,
nter
examine and survey at all reasonable times all rental dwellings and premises after obtaining consent
from an occupant of the premises. In the event that an occupant of the premises does not consent to
eniryby the Code Official or designate representative, and if there is probable cause to believe that
an inspection is warranted, then application my be made to the court for an administrative or other
search warrant for the purpose of inspecting the premises.
410.37 Notices. Whenever a notice is required to be sent to or served upon the licensee of a
rental dwelling under this section, notice shall be deemed sufficient if sent certified mail to the
owner or owner's designated agent at the address specified in the last license application filed with
the City. If a notice sent to the address specified in the last license application is returned, and the
owner or owner's agent cannot be found, then notice shall be sent to the person designated in the
last license application as responsible for the maintenance and management of the premises or any
other known caretaker or manager, and a notice shall also be posted on the building.
410.42. Rental dwelling licenses: Conduct on licensed premises. Subd. 1. It shall be the
responsibility of the rental license holder to take appropriate action, with the assistance of the
City, to prevent conduct by tenants or their guests on the licensed premises which is hereby
deemed to be disorderly, in violation of any of the following statutes or ordinances:
(a) Minnesota Statutes, Sections 609.75 through 609.76, which prohibit gambling;
(b) Minnesota Statutes, Section 609.321 through 609.324, which prohibits
prostitution and acts relating thereto;
(c) Minnesota Statutes, Sections 152.01 through 152.025, and Section 152.027,
Subdivisions 1 and 2, which prohibit the unlawful sale or possession of controlled
substances;
(d) Minnesota Statutes, Section 340A.401, which prohibits the unlawful sale of
alcoholic beverages;
(e) Section 2025 of this Code, which prohibits noise and noisy assemblies;
(f) Minnesota Statutes, Sections 97B.021, 97B.045, 609.66 through 609.67 and
624.712 through 624.716, and Section 930 of this Code, which prohibit the unlawful
possession, transportation, sale or use of a weapon; or
(g) Minnesota Statutes, Section 609.72, which prohibits disorderly conduct, when the
violation disturbs the peace and quiet of the occupants of at least one unit on the licensed
premises or other premises, other than the unit occupied by the person(s) committing the
violation.
(h) Failure to comply with dangerous dog requirements in violation of Section. 915 of
this Code or Minnesota Statutes Chapter 347.
(i) Indecent exposure in violation of Minnesota Statutes Section 617.23.
(j) Assault, as defined by Minnesota Statutes Sections 609.221, 609.222, 609.223,
609.223 1, and 609.224, excluding domestic assaults.
(k) Public nuisance, as defined by Section 960.03, subdivision 1, of this Code or
Minnesota Statutes Sections 609.74 - .745.
(1) The unlawful sale, furnishing, use, or possession of intoxicating liquor or no
intoxicatingmalt liquor in violation of Minnesota law or Chapter XII of this Code.
(m) Criminal damage to property in violation of Minnesota Statutes 609.595.
(n) The unlawful sale or possession of small amounts of marijuana in violation of
Minnesota Statutes 152.027 subd.4.
(o) The unlawful possession or use of drug paraphernalia in violation of Minnesota
Statues 152.092.
(p) Contributing to the delinquency or status as a juvenile.
Subd. 2. A determination that the licensed premises have been used in a disorderly
manner as described in Subdivision 1 shall be made upon substantial evidence to support
such a determination. It shall not be necessary that criminal charges are brought to support a
determination of disorderly use, nor shall the fact of dismissal or acquittal of such a criminal
charge operate as a bar to adverse license action under this section.
Subd. 3. Upon determination by the Compliance Official utilizing established procedures,
that a licensed premises was used in a disorderly manner, as described in Subdivision 1, the City
shall notify the licensee by certified mail of the violation and direct the licensee to take
appropriate action with the assistance of the City to prevent further violations.
Subd. 4. If another instance of disorderly use of the licensed premises at the same specific
dwelling or unit occurs within 365 dasof an incident for which a notice in
Subdivision 3 was given, the City shall notify the licensee by certified mail of the violation and shall
also require 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 premises. This written report shall be submitted
to the City within seven (7) days of receipt of the notice (excluding holidays) of disorderly use of
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the premises and shall detail all actions taken by the licensee in response to all notices of disorderly
use of the premises within the preceding t•= eh,e (1 2) niefft X365 days
Subd. 5. If another instance of disorderly use of the licensed premises at the same specific
dwelling or unit occurs within twelve (12) months 365 days after the second of any two (2) previous
instances of disorderly use for which notices were sent to the licensee pursuant to this section, the
rental dwelling license for the premises may be denied, revoked, suspended, placed on probation, or
not renewed. An action to deny, revoke, suspend, place on probation, or not renew a license under
this section shall be initiated by the City in the manner described in Section 410.45, and shall
proceed according to the procedures established in Section 410.45 and 410.50.
Subd. 6. No adverse license action shall be imposed where the instance of disorderly use of
the licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or
within thirty (30) days after a notice is given by the licensee to a tenant to vacate the premises,
where the disorderly use was related to conduct by that tenant or the tenant's guests. Eviction
proceedings shall not be a bar to adverse license action, however, unless the licensee diligently
pursues them. A notice to vacate shall not be a bar to adverse license action unless a copy of the
notice is submitted to the City within ten (10) days of receipt of the violation notice. Further, an
action to deny, revoke, suspend, place on probation, or not renew a license based upon violations of
this section may be postponed or discontinued by the Compliance Official at any time if it appears
that the licensee has taken appropriate action to prevent further instances of disorderly use.
SECTION 2. EFFECTIVE DATE: This ordinance shall take effect immediately from
and after its passage.
ADOPTED this 27th day of May, 2008, by the City Council of Plymouth, Minnesota.
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CITY OF PLYMOUTH
BY: b I W�
Kelli Slavik, Mayor
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