Sec. 10-81. - Purpose.

The City recognizes a need for an organized inspection program of residential rental units within the City in order to establish minimum standards for rental units to meet City and State safety, health, fire, and zoning codes within the City and to provide a more efficient system for compelling landlords to correct violations and properly maintain rental property within the City. The City recognizes that the most efficient system to provide for rental inspections is the creation of a program requiring the registration and certification of all residential rental units within the City so that orderly inspection schedules can be undertaken by appropriate City officials.

(Code 1989, § 4.31(subd. 1); Ord. No. 152(2nd Ser.), § 1, 11-14-1988; Ord. No. 391(2nd Ser.), §§ 1, 2, 1-22-2007)

Sec. 10-82. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Residential rental property means any building, structure, room, enclosure, or mobile home including the real property upon which it is located and which surrounds it, which is rented or offered for rent by any person to any other person for use for residential purposes by such other person. The term "residential rental property" does not mean on-campus dormitories, Regional Treatment Center units, hospital units, nursing home units, and hotels or motels with daily rental units, located within the City, all of which shall be specifically exempt from registration and certification under this article.

(Code 1989, § 4.31(subd. 2); Ord. No. 152(2nd Ser.), § 1, 11-14-1988; Ord. No. 391(2nd Ser.), §§ 1, 2, 1-22-2007)

Secs. 10-83—10-107. - Reserved.

 

Sec. 10-108. - Requirements.

It is unlawful for any person to hereafter occupy, allow to be occupied, or let to another person for occupancy any residential rental property within the City for which a registration statement has not been properly made and filed with the City Clerk-Administrator and for which there is not an effective certificate, except as provided in section 10-110 regarding initial certification. Initial registration and renewal shall be made upon forms furnished by the City Clerk-Administrator for such purpose and shall specifically require the following minimum information:

1.      Name, address and phone number of the property owner;

2.      Name, address, and phone number of a designated local agent if the property owner lives outside the City local telephone exchange;

3.      The street address of the rental property;

4.      Legal description of the rental property and County parcel number;

5.      The number and types of units within the rental property (dwelling units or sleeping rooms);

6.      The maximum number of occupants for each dwelling unit or sleeping room;

7.      The number of off-street parking spaces provided for each unit;

8.      The name, phone number and address of the local person authorized to make or order made repairs or services for the property, if in violation of City or State codes, if the person is different than the owner or local designated agent.

(Code 1989, § 4.31(subd. 3); Ord. No. 152(2nd Ser.), § 1, 11-14-1988; Ord. No. 391(2nd Ser.), §§ 1, 2, 1-22-2007)

Sec. 10-109. - Fees.

There shall be a biennial per unit registration and inspection fee. The biennial fee shall be included with the renewal registration statement. The registration and inspection fee will be established by resolution of the Council.

(Code 1989, § 4.31(subd. 4); Ord. No. 152(2nd Ser.), § 1, 11-14-1988; Ord. No. 391(2nd Ser.), §§ 1, 2, 1-22-2007)

Sec. 10-110. - Manner of registration and renewal.

Subd. 1.

The owner or his designated agent shall make initial registration for residential rental property existing on the effective date of this section by personally filing a registration statement with the City Clerk-Administrator no later than January 1, 1989. Registration rental property existing on the effective date of the ordinance from which this article is derived shall not be required to have an initial certificate until such time as an inspection can first be made.

Subd. 2.

Initial registration for property which is not residential rental property on the effective date of the ordinance from which this article is derived or for certified residential rental property when there is a change in type of occupancy shall be made by personally filing a registration statement with the City Clerk-Administrator before the property is used as residential rental property or before use as a new type of occupancy.

Subd. 3.

Each certification issued pursuant to this article shall expire on December 31 in the second year. The City shall be required to mail renewal registration statements to the property owner or the designated agent on or before October 1 every second year. Failure to receive a renewal registration statement from the City shall not excuse the owner from meeting the registration and certification requirements. Renewal registration statements may be returned by mail, at the property owners risk, to the City Clerk-Administrator.

Subd. 4.

If there is a change in the type of occupancy from the type stated on the registration statement, a new registration statement and certification will be required.

(Code 1989, § 4.31(subd. 5); Ord. No. 152(2nd Ser.), § 1, 11-14-1988; Ord. No. 391(2nd Ser.), §§ 1, 2, 1-22-2007)

Sec. 10-111. - Method and manner of certification.

Upon receipt of a registration statement, the City Clerk-Administrator shall refer such application to the Building Officialfor investigation and inspection. The officer charged with the duty of making the investigation or inspection shall make a report thereon, after receiving an initial registration or a copy thereof, and said inspection and investigation shall be made within a reasonable time. No certificate shall be issued if the premises and building do not fully comply with all State Statutes and this City Code.

(Code 1989, § 4.31(subd. 6); Ord. No. 152(2nd Ser.), § 1, 11-14-1988; Ord. No. 391(2nd Ser.), §§ 1, 2, 1-22-2007)

Sec. 10-112. - Method of correction.

Whenever an inspector determines that any residential rental property fails to meet the requirements set forth in this article or any other provision of this City Code, he shall issue a notice setting forth the violations and ordering the owner, occupant, or agent to correct such violations. This notice and order shall:

1.      Be in written form;

2.      Describe the location and nature of the violation;

3.      Establish a reasonable time for the correction of any violation;

4.      Be served upon the owner or his agent, or the occupant as the case may require. Such notice shall be deemed to be properly served if a copy thereof is:

a.  Served upon him personally; or

b.  Sent by registered mail to his last known address; or

c.  If subsections (4)a and (4)b of this section fail, posted in a conspicuous place on the dwelling affected.

(Code 1989, § 4.31(subd. 7); Ord. No. 152(2nd Ser.), § 1, 11-14-1988; Ord. No. 391(2nd Ser.), §§ 1, 2, 1-22-2007)

Sec. 10-113. - Transfer of property.

Every new owner of residential rental property (whether as fee owner or contract purchaser) shall be required to furnish to the City Clerk-Administrator, the new owner's name, address, and phone number and the name, address, and phone number of the owner's designated agent upon closing of the transaction. No registration fee shall be required of the new owner during the year in which the property is purchased provided that the previous owner has paid all registration fees, has complied with all requirements of this article, and has corrected any violations of this City Code.

(Code 1989, § 4.31(subd. 8); Ord. No. 152(2nd Ser.), § 1, 11-14-1988; Ord. No. 391(2nd Ser.), §§ 1, 2, 1-22-2007)

Sec. 10-114. - Certificate suspension and revocation.

Subd. 1.

Any certificate may be revoked or suspended at any time during the life of said certification for grounds including, but not limited to, the following:

1.      False or misleading information given or provided in connection with the registration statement or renewal;

2.      Failure to pay any fee herein provided for;

3.      Failure to permit any officer or employee of the City charged with the duty of making inspections or enforcing any provisions of this Code, access to the premises at a reasonable hour to determine whether the facilities conform with the provisions of this article;

4.      Violation by the certified owner or anyone operating thereunder, of any provisions of this Code or laws of the State relating, pertaining to, or governing the certificate and the premises;

5.      Maintaining, permitting, or allowing residential rental property to be used for a disorderly house, unlawful assembly or public nuisance, provided that the City has complied with section 10-115

Subd. 2.

A suspended certificate shall be reinstated when the circumstances leading to the suspension have been remedied and a reinstatement and inspection fee as set by Council resolution has been paid. After a certificate has been revoked, a new certificate may be issued to the revoked owner only if the circumstances leading to the revocation have been remedied, a new registration is made, and an additional reinstatement and inspection fee as set by Council resolution has been paid.

(Code 1989, § 4.31(subd. 9); Ord. No. 152(2nd Ser.), § 1, 11-14-1988; Ord. No. 391(2nd Ser.), §§ 1, 2, 1-22-2007)

Sec. 10-115. - Conditions for certificate revocation due to disorderly house, unlawful assembly or public nuisance.

Subd. 1.

Upon determination by the Police or Building Official that the certified premises were used for a disorderly house, unlawful assembly or public nuisance, the Building Official shall notify the owner by certified mail to the address listed on the registration statement of such use and direct the owner to take steps to prevent further violations.

Subd. 2.

If a second such use of the premises occurs within 12 months of an incident for which notice was given pursuant to subdivision 1 of this section, the owner shall be notified by certified mail of the instance of such use and shall also be required to submit a written report of actions taken by the owner to eliminate future uses of such nature on the premises. This written report shall be submitted to the Building Official within five days of the notice, and shall detail all actions taken by the owner in response to all notices of prohibited uses of the premises within the preceding 12 months. Failure to provide the written report may result in suspension or revocation.

Subd. 3.

If a third such use of the premises occurs within 12 months after receipt of the notice provided pursuant to subdivision 2 of this section, the certificate may be suspended or revoked for all or part of the residential rental property. If the notice of violation has been with respect to a common area of a building or complex of buildings, then the certificate as to all units of such building or complex of buildings may be suspended or revoked.

Subd. 4.

No suspension or revocation shall be imposed where the instance of the prohibited use of the premises occurred during the pendency of eviction proceedings (unlawful detainer) or within 30 days of notice given by the owner to a tenant to vacate the premises or where the prohibited use was related to an occurrence in the unit for which eviction proceedings were undertaken or notice to vacate was given. Eviction proceedings shall not be a bar to sanctions, however, unless they are diligently pursued by the owner.

Subd. 5.

All written leases for residential rental property executed after the effective date of the ordinance from which this article is derived shall contain a clause providing that conduct which violates the disorderly house, unlawful assembly or public nuisance laws or provisions of this City Code shall constitute a material breach of the lease and grounds for termination of the lease.

Subd. 6.

It shall be irrelevant to proceedings hereunder that the owner or others were not criminally prosecuted or were acquitted of criminal charges for the incidents serving as the basis for the suspension or revocation.

(Code 1989, § 4.31(subd. 10); Ord. No. 152(2nd Ser.), § 1, 11-14-1988; Ord. No. 391(2nd Ser.), §§ 1, 2, 1-22-2007)

Sec. 10-116. - Maintenance of records.

All records, files, and documents pertaining to the Rental Registration and Rental Unit Inspection Program shall be maintained in the office of the City Clerk-Administrator and made available to the public as allowed or required by State law and provisions of this City Code provisions.

(Code 1989, § 4.31(subd. 11); Ord. No. 152(2nd Ser.), § 1, 11-14-1988; Ord. No. 391(2nd Ser.), §§ 1, 2, 1-22-2007)

Sec. 10-117. - Authority.

Nothing in this article shall prevent the City from taking action under any of its City fire, housing, zoning, or other health safety codes for violations thereof to seek either injunctive relief or criminal prosecution for such violations in accordance with the terms and conditions of the particular provisions of this City Code under which the City would proceed against the property owner, designated agent or occupant of any residential rental dwelling unit covered by this article. Nothing contained in this article shall prevent the City from seeking injunctive relief against residential rental dwelling unit covered by this article. Nothing contained in this article shall prevent the City from seeking injunctive relief against a property owner or designated agent who fails to comply with the terms and conditions of this article on registration and certification to obtain an order closing such rental units until violations of this article have been remedied by the property owner or designated property manager.

(Code 1989, § 4.31(subd. 14); Ord. No. 152(2nd Ser.), § 1, 11-14-1988; Ord. No. 391(2nd Ser.), §§ 1, 2, 1-22-2007)

Sec. 10-118. - Posting.

Every registrant of residential rental property shall post a receipted copy of the current registration and certification containing the information required by section 10-108 (with the exception of telephone numbers) when received from the Building Official. These items shall be conspicuously posted (in a frame with transparent corners) by the registrant in a public corridor, hallway, or lobby of the rental property for which it is issued. For other than multiple dwellings, the registrant must post the Registration Certificate in a frame with a transparent cover in such a manner so as to be easily viewed and readable at or near the front entrance of the building for which it was issued.

(Code 1989, § 4.31(subd. 15); Ord. No. 152(2nd Ser.), § 1, 11-14-1988; Ord. No. 391(2nd Ser.), §§ 1, 2, 1-22-2007)

Sec. 10-119. - Enforcement.

In order to compel compliance with the registration requirements, the Building Official or his designee shall have the authority to enter any building, at reasonable times and upon five days' written notice to the tenant, to determine if said building is operated as a rental property as defined in section 10-82, or to enforce the Uniform Housing Code, or both.

(Code 1989, § 4.31(subd. 16); Ord. No. 152(2nd Ser.), § 1, 11-14-1988; Ord. No. 391(2nd Ser.), §§ 1, 2, 1-22-2007)

Sec. 10-120. - Applicable law.

Registrants shall be subject to all of the provision of this City Code and laws of the State relating to dwellings; and this article shall not be construed or interpreted to supersede any other such applicable City Code provision or law.

(Code 1989, § 4.31(subd. 17); Ord. No. 152(2nd Ser.), § 1, 11-14-1988; Ord. No. 391(2nd Ser.), §§ 1, 2, 1-22-2007)

Sec. 10-121. - Tenant identification.

When requested by the Police Department, property owners are required to provide names of tenants occupying rental property.

(Code 1989, § 4.31(subd. 18); Ord. No. 152(2nd Ser.), § 1, 11-14-1988; Ord. No. 391(2nd Ser.), §§ 1, 2, 1-22-2007)

Secs. 10-122—10-140. - Reserved.

 

Sec. 10-141. - Building appeals board.

The Building Appeals Board is hereby designated to resolve disputes in connection with the Rental Registration and Rental Unit Inspection Program under this article. This Board shall act as a body to resolve disputes arising between the City and the owner of the residential rental property registered and inspected pursuant to this section. This Board further shall regularly review and make such recommendations as the Board deems reasonable and necessary to the council as to the schedules of fees required under this article.

(Code 1989, § 4.31(subd. 12); Ord. No. 152(2nd Ser.), § 1, 11-14-1988; Ord. No. 391(2nd Ser.), §§ 1, 2, 1-22-2007)

Sec. 10-142. - Appeal process.

Any property owner aggrieved by any action taken by the City in regard to the Rental Registration and Rental Unit Inspection Program under this article may request a review by or may make an appeal to the Building Appeals Board as to the action of the City. An appeal must be taken within ten days from the City's action and shall be in writing addressed to the Building Appeals Board. The property owner shall have the right to appear and be represented by counsel. The Building Appeals Board shall hear and consider the matter within 30 days of receipt of request or appeal. A majority of the Building Appeals Board, after due and proper hearing, shall issue its order of decision within ten days of the hearing. In the event of a tie vote, the action taken by the City shall stand.

(Code 1989, § 4.31(subd. 13); Ord. No. 152(2nd Ser.), § 1, 11-14-1988; Ord. No. 391(2nd Ser.), §§ 1, 2, 1-22-2007)

Secs. 10-143—10-166. - Reserved.

 

Click below to go to the Residential Rental Property Registration and Certification area of the City Code:

http://library.municode.com/HTML/14598/level4/CICO_CH10BUBURE_ARTIVREREPR_DIV2RECE.html