HomeMy WebLinkAbout2023-488 Ordinance Amendment Rental Dwelling License - As approvedCity of Corcoran
County of Hennepin
State of Minnesota
ORDINANCE NO. 2023-488
Motion By: BOttema
Seconded By: McKee
June 22, 2023
AN ORDINANCE AMENDING THE TEXT OF TITLE XI OF THE CORCORAN CITY
CODE RELATED TO RENTAL DWELLING LICENSES (CITY FILE 22-046)
THE CITY OF CORCORAN ORDAINS:
SECTION 1. Amendment of the City Code. The text of Title XI of the Cor
hereby amended by adding the underlined material as follows%
CHAPTER 118: RENTAL DWELLING LICENSING
118.01: PURPOSE.
ose of this chapter to
coran City Code is
rotect the public health, safety, and welfare of residents of
Corcoran who live in rental units by adopting a rental dwelling inspection and maintenance
program that corrects substandard conditions and maintain a standard for existin
and newl
constructed rental dwellings in the City. The operation of rental properties is a business enterprise
that includes certain responsibilities. Rental owners, operators, and managers are responsible to
take such reasonable steps as are necessary to ensure that the citizens who occupy such rental units
as well as neighboring properties, may pursue the
surroundings that are safe, secure, and sanita
free from unreasonable fears about safe
118.02: DEFINITIONS.
uiet eni ovment of the normal activities of life in
free from noise, nuisances, and annoyances. and
of persons or property.
Words used in this chapter shall have the following meanings:
ALTERNATIVE INSPECTION REPORT. A rental dwellin
obtains from a building inspector for the purposes of receiving
Housin 4 and Urban Development ("HUD") rental a
royal.
inspection report that the a�
United States Department of
BLOCK. An area of land enclosed within the perimeter of streets, watercour
municipally owned lots, and City boundaries, unless otherwise depicted on the City's Rental
Density Map.
ses, public parks
1 i c ant
CITY INSPECTOR'S REPORT or INSPECTION REPORT. A rental dwelling inspection
report prepared and signed by a city inspector.
CITY ADMINISTRATOR. The City of Corcoran City Administrator or his/her designee.
COMPLEX. The total number of buildings on the license application or contiguous rental
properties under the same ownership.
DWELLING. A building or portion thereof, designated exclusively for residential occupanc
not including hotels, motels, nursing homes tents, seasonal cabins, or motor homes or travel
trailers.
but
Page 1 of 17
City of Corcoran
County of Hennepin
State of Minnesota
June 22) 2023
ORDINANCE NO, 2023-488
DWELLING, MULTIPLE FAMILY (APARTMENT). A building designed with three or more
dwelling units exclusively for occupancy by three or more families livin independently of each
other.
DWELLING, SINGLE-FAMILY (DETACHED). A building entirely
and designed for and occupied exclusively by one family. A sinale-famil
more than one accesso
dwellin
unit as defined in this Section.
surrounded by open space
can include no
dwellin
DWELLING, TOWNHOME. Asingle-family dwelling unit constructed within a group of more
than two attached units in which each unit extends from the foundation to the roof, has direct
exterior access, and has open space on at least one side. A townhome is not considered an
apartment or multiple -family dwellinp,.
DWELLING, TWO-FAMILY (ATTACHED). A building designed for occupanc
families or housekeeping, units with a physical separation between the two dwelling
1. Duplex. Atwo-family dwellin with one unit above the other and d
structure on a single lot with each unit occupied as a separate residence for one family.
y by two
units.
esi�ned as a single
2. Ttitin-home. Atwo-family dwelling with two units side -by -side. Each unit is owned
separately and located on their own lot. The two units are joined along a single lot line, each of
the units are totally separated from the other by an unpierced wall extending from the
the roof. Also referred to as a "double bungalow".
DWELLING UNIT, ACCESSORY: A separate, self-contained dwelling unit that is clearl
otind to
incidental and subordinate to the principal use of a lot. The unit must have bathroom facilities and
kitchen facilities that include a sink with piped water, a range, and a refrigerator. The unit ma,
various forms: a detached
unit; a unit that is part of an accessory structure, such as a detached
garage; or a unit that is part of an expanded or remodeled dwellig
LET FOR OCCUPANCY or to LET or to RENT. To permit
dwelling or rental dwellin6 unit whether or not compensation is
legal owner of record thereof.
take
ossession or occupancy
paid by a person who is not the
MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on
a permanent chassis and is designed for use with or without a permanent foundation when attached
to the required utilities. The term "manufactured home" does not include the term "recreational
vehic e.
OCCUPANT. Any person livin
within a dwelling unit.
or sleeping in a dwelling unit or having possession of a space
OPERATOR or MANAGER. Any person identified by Owner who has charge, care, or control
of a structure or premises, and the maintenance and upkeep thereof, that is let or offered for
occupancy and who is designated and empowered to receive service of notice of violations of this
chapter on behalf of Owner.
Page 2 of 17
City of Corcoran
County of Hennepin
State of Minnesota
OWNER or LICENSEE. An
Jun e 22, z Uzj
®RDINANCE NO. 2023-488
i erson., agent, operator, firm, corporation, or other legal entit
having a legal or equitable interest in the property or recorded in the official state, coup
records as holdinv, title to the property or otherwise havin
PERSON. May be an individual, corx
organization, or any other vroup actin
control of the
roper�v 0
oration, firm, association, company, par-tnershi
as a unit.
PROPERTIES, PROPERTY OR LOTS. Lots of record.
or
ci
REINSPECTION. A follow-up inspection that is:
1. Conducted to determine if a code violation has been corrected,
2. Necessary because a licensee, owner, or other responsible party fails to attend a
scheduled inspection;
3. Necessary because a scheduled inspection of a property does not occur or is prevented
from occurring due to an act of the licensee, owner, or agent, or
4. Any inspection following an initial inspection.
RELATED. Individuals legally related by blood, marriage, domestic partnership, foster care,
guardianship, or adoption. For the purposes of this Chapter, individuals are considered related if
they are immediatel
stepchild, stepsiblin
used interchangeabl,
related as a parent, child, sibling, grandparent, grandchild, stepparent,
step- grandparent. or step -grandchild. The terms ``related" and "relative" are
in this Chanter.
RENTAL DWELLING. Any dwelling used for residential occupancy by one or more persons
who are not the owner or related to the owner for continuous periods of more than 60 days.
RENTAL DWELLING UNIT (RDU). Any room or rooms, or space, in any rental dwelling
designed or used for residential occupancy by one or m�rP "Iarc�nO IXT fA �rA "�+ T ifl �«T"Ar �r
related to the owner for continuous periods of more t
118.03: LICENSE REQUIRED.
A. Rental Dwell in
License.
1. No person, partnershi:
han 60 days.
business entity, or corporation shall operate, let, or cause to be
let, a rental dwelling or RDU without a license for each building.
2. No person, partnershi
let a structure or
oration shall operate, let, or cause to be
ortion of a structure as a rental dwelling or rental dwelling unit that is
busness
ienti
not designed for residential occupanc
3. No grope
owner se
hall b
e. Q., a shed or
ermined to license more than five rental dwellings that
uglify as a single-family residence, atwin-home, and/or townhome, unless the grope
owner:
a. Is a public housing agency; or
b. Operates State licensed residential facilities within the City;
Page 3 of 17
City of Corcoran
County of Hennepin
State of Minnesota
ORDINANCE NO.
c.
Rented out more than five properties
2023
-488
prior to Jul
licenses for all affected properties prior to Janua
licenses vranted to an individual or enti
June 22) 2023
2023, and a
2024. Any
lied for rental
excess rental
under this pararaph cannot be
transferred to other properties or property owners. The property owner is not
entitled to excess rental licenses once an excess rental dwelling license is no
longer valid due to any reason including failure to renew, revocation, or sale of
the pro ert .
Principal owners or controllers of legal entities which own one or more rental dwellings
shall be subiect to this cap as individual
rincipal owners or controllers. For
illustration, but not limitation, no person or entity may circumvent this restriction b
maintaining ownership interests in multiple separate owner entities and each such
ownershi
interest shall be counted toward the ca
4. A rental dwellin
set forth herein.
license shall be valid fir a 1-year cvcl e he�i nn i n
on July 1st each
ear. A current licensee who intends to continue letting a rental dwelling shall apply
a license renewal at least thirt
term.
3 Ol days before the end of the then -current 1 i cep �i n
for
5. A residential rental property owner owning residential rental �robe�-ty at the time of the
adoption of this chapter shall have 180 days to comply with the licensing requirements
of this chapter. Rental property owners shall have 3 65 days to comply with the
provisions of Chapter 87 (Property Maintenance Code) based on the dated notice
identifying any violations confirmed at the initial license inspection. However, if the
Code Compliance Official determines there is a life -threatening violation of the
Property Maintenance Code (e.W..., inoperable smoke alarms), the propertyowner and/or
licensee shall address such violations within 30 days of the dated notice identi
a violation.
B. License Exemption
1. The owner of a rental dwellin
this section if the prone
homestead. In order to c�uali
or RDU is exempt from the licensin
ink such
requirements of
ualifies and is registered with Hennepin Coun
fy for a relative homestead, the person nvin
unit must be related to the
a. The prone
owner must noti
roperty owner.
the C i
in writin
as a relative
in the rental
within 30 days of the
roperty no loner qualifying as a relative homestead.
2. This chapter does not a
3. This chapter does not a
ly to hotels, motels, hospitals, and high school dormitories.
to single-famil
homes and townhomes in which the owner
resides within the dwelling and lets a room or rooms within a dwelling exclusively to a
relative as defined by this Chapter.
Page 4of17
City of Corcoran
County of Hennepin
State of Minnesota
ORDINANCE NO. 2023-488
June 22, 202 5
4. This chapter does not apply to single-family homes and townhomes in which the owner
resides within the dwelling and lets a single room to up to two individuals who are not
related to the owner or lets multiple rooms to individuals related to each other but not
related to the owner. However, a license shall be re red in the event an owner lets
more than one room to individual tenants unrelated to the owner and to each other.
5. In instances of single-family dwellings with an accessory dwelling unit. or two-family
dwellings in which both units are under the same ownership, only the dwelling unit in
which the owner resides is exempt from rental licensing
exemption is a
�licable, per this Chapter.
and only to the extent such
C. A��lications. An application for license shall be made on a form provided b
license application shall contain the followinay information:
1. Property Owner Information.
the City . The
a. The name, address, phone number, and complete information of th
owner if the owner is an individual.
e grope
b. The name, address, phone number, and complete information of the at least one
principal officer, manager, or director, if the property owner is a business entity.
i. Business entities seeking a license shall provide a list of all principal
owners, officers, managers, and directors of the entity.
2. Designation of Property Manager, Contact Information. For all rental dwelling licenses.
the license applicant must designate and provide a physical business hours address and
24-hour contact information for the Manager of the rental dwelling, as defined in this
chapter. The Manager may be the owner of the rental dwelling or another person who
has been provided authority and assigned the duty to exercise control over the rental
dwelling and ensure compliance with the City Code. For all rental dwellings which are
, the applicant must also identify and provide a
not single-family rental dwellings
physical business hours address and 24-hour contact information for a second M
anag
for such rental dwellings. All rental dwelling Managers must reside or have an office
er
address within 90 miles of the rental dwelling unit. A P.O. box address for the property
manager will not be accepted. The Owner of a rental dwelling must notify the Cit
y, in
writing, immediately upon any change of Manager. Owner agrees that his/her Manager
of record with the City shall be authorized to accept all notices, including formal service
of documents, on behalf of the Licensee.
3. N
umber and T
e of rental dwellings. The number of units and
condominium, apartment, t
within the rental dwelling.
PC, of units
ownhome, twin -home, single-family home_ and the like
Page 5of17
City of Corcoran
County of Hennepin
State of Minnesota
OR®INANCE NO. 2023-488
4. Principal Tenants. The name, telephone numb
any, are required.
D. Changes.
ers, and addresses of
1. The Code Compliance Official must be notified in wrthin
names) and contact information provided on the a
llcatlon.
June 22, 2023
rincipal tenants. if
changes to the
2. A license is non -transferable. If there is a change in the ownership of the rental
dwellin
a new license is required.
3. If changes are made in the number or
license.
e of units, the owner shall a
lication fee shall be determined b
a part of the Ci
application.
's fee schedule. The a
ly to amend its
Council from time to time and made
lication fee shall be
aid at the time of
2. Renewal license fees, as set forth within the City's fee schedule, shall be due at the time
nt rPnP«gal Anti rvrinr to tho hoick c,P Pvr�ir�tinr� �CItP
3. In the cases of new, unlicensed dwellings, license fees shall be due upon issuance of the
certificate of occupancy.
4. In_the case of initial licensing, license fees shall be due prior to issuance of the
respective license and are due within 3 0 days of the date of the invoice.
5 . In the case of a licensing period of less than one (1
as set forth by City Council action, and in the City
ear, license fees ma
be prorated
Council's sole discretion.
6. The license fee shall include the initial inspection and one (1) follow-up inspection. A
fee, established by the City_ Council, shall be charged for an reinspection or attempted
reinspection required, whether due to the failure of the reinspection, the Rental Housing
Inspector's inability to gain access to the dwelling at the time of attempted reinspection,
or otherwise, and must be paid before a license will be issued.
7. An owner of a rental dwelling or RDU who fails to obtain an operating license or
CI
approval of an affidavit certi
administrative service charge set
contemplated within this chapter.
an a licable exemptio
by the
will be subject to an
Council, in addition to an
other penalties
Page 6 of 17
City of Corcoran
County of Hennepin
State of Minnesota
June 225 202 5
ORDINANCE NU. 2023-488
8. A license fee paid later than ten working days after the prescribed date is subject to an
additional administrative service charge set by the City Council.
9. Once issued, a license is nontransferable and the license is not entitled to a refund of
any license fee upon revocation or suspension, or transfer of ownership.
F. Tenant Register. As a condition of the license, the applicant must, as a continuin
obligation, maintain a current register of tenants and other
to occupancy of a rental dwelling. In its a -
lication, the a
ersons who have a lawful right
licant must designate the name
of the person or persons who will have possession of the register and must promptly notify
the Code Compliance Official of any change in the identity, address, or telephone numbers
of such person. The register must be available for inspection by city officials at all times.
G. Notification Requirements for Public Hearings. The licensee must, as a continuin
obligation of the license, provide written notice to tenants or in the alternative, Bost the
written notice in the lobby or common area ofthe rental dwelling for any public hearing
received by the owner that pertains to the rental dwelling or any adjacent right -of --way.
H. Display of License Certificate. The license certificate must be exhibited in a conspicuous
place at or near the entrance to the rental dwelling. For buildings containing more than three
RDUs, the certificate must be displayed in the rental office or other common area accessible
to all tenants of the licensed building.
I. Rental Densi
for Single-Famil
Townhome, and Twin -Home Rental Dwellings.
1. In glow -density residential zonin
of the lots on any block shall b
district
5 units or less
er acre
no more than 15
ible to obtain a rental license and the number of
rental licenses shall be capped as set forth in the table below, unless an exemption is
ranted by the City Council as provided herein or the rental dwelling qualifies as a
residential facility licensed by the state. Table 1 indicates haw many lots per block are
able to be licensed as a rental property based on the lots that exist on the block.
Table 1
Lots/Block
Rental Dwellin s Allowed
1-14
2
15 -24
4
25-34
5
3 5 -44
7
45-54
8
55-64
10
65-74
11
75-84
13
85-94
14
Page 7 of 17
City of Corcoran
County of Hennepin
State of Minnesota
The followin
ORDINANCE NO. 2023-488
idelines shall a
June 22, 202J
ly to determine eligible blocks and lots.
a. If a block contains more than one type of zoning district, only the lots within the
low -density residential zoning
tntal mimher of Ink, npr Wnr hr
district shall be included in the calculation of the
b. Commercial or industrial uses located within or adjacent to a low -density
residential zoning district shall not be included in the calculation of the total
number of lots per block.
c. If the number of rental dwellings meets or exceeds the permitted number of
rental dwellings per defined block on or after the effective date of this chapter
no additional rental licenses shall be approved for the block, unless an
exemption is
hardshi
anted b
of a property
the Ci
Council due to a demonstrated financial
owner who owns no more than one other residential
property within the City or the rental dwelling qualifies as a State licensed
residential facility. Bona fide existing rental licenses may be renewed, however
should a rental license not be renewed, or if the rental license is revoked or
lapses, the rental license shall not be reinstated unless it is in conformance with
this subchapter and other applicable sections of the Citv Code.
d. If the number of rental prope�ties meets or exceeds the permitted number of
rental
ro er�t
for that
density
rope��ties
er defined block on the effective date of this chapter, a
� owner ma request an exemption to allow an additional rental grope
block. The Council may grant or deny an exemption from the block
limit in its sole discretion. Persons requirin
annual a
�lication to the City Council.
an exemption must make an
J. �'enant background checks and lease agreements. Upon request, the a
licant must provide
a copy of third patty or comparable background checks for tenants and a co
K. Contracts for deed. A pro
the_ property or the
L. Investigations.
1. For all new a
1('P11 CPP n
or regardin
entity, and
The applicant shall pay a background investigation fee for each back
investigation conducted.
of the lease.
sty sold pursuant to a contract for deed must be recorded against
roperty will be deemed a rental property and a license will be required.
lications, a background investigation will be conducted on the property
lication. The Cit
�y request additional information from the
licant regardin all property owners, if the property is owned by individuals
all officers, managers, or directors, if the property is owned b, a business
a conduct _additional _background investigations as it deems necessa
ound
Page 8 of 17
City of Corcoran
County of Hennepin
State of Minnesota
ORDINANCE NO. ZUZJW488
June 22, 2023
2. For renewal applications, background 111vestig_2+;"nQ arp nn+ rPnllll o � and nn
background investi4ation fee shall be required;
back
however, the Ci
round investigation, at its sole discretion, at the City's cost.
discretionary back4round check ma
the same as the results of mandato
M. A license will not be
be used to enforce the
background checks.
ranted to or held b
1. Is under 18 years of aye.
a person who
may conduct a
The results of a
rovisions of this Chatter
2. Is not a citizen of the United States or a resident alien of the United States.
3. Is overdue, or whose spouse is overdue in payments to the City, County, or State of
Minnesota. of taxes. fees. fines. or
Pun
enalties assessed against them or imbosed ubon
4. Has been convicted, within the last 10
a jail sentence mad
be imposed; and:
ears of a
ross misdemeanor or felony for which
a. The crime is directly related to the licensed activity, and may include propert`
crimes, financial crimes, or offenses of a
and
fraudulent, violent, or sexual nature;
b. The ranting of a license will contravene the pu
in Section 118.01 supra; and
ose of this Chapter as set forth
The applicant has not shown by competent evidence sufficient rehabilitation and
resent fitness to
5. Is not the
6. Has not
perform all obligations of a licensee pursuant to this Chapter.
roperty owner.
aid the license and investigative fees required b
this Section.
7. Is ineligible due to prior license revocations pursuant to Section 118.08(C)(1).
118.049. RESPONSIBILITY FOR ACTS OF MANAGER.
Licensees are responsible for the acts or omissions of their Managers) as it pertains to the rental
dwelling and compliance with this chapter and City Code.
118.05: MAINTENANCE STANDARDS.
A. It is the responsibility of the licensee to ass -Lire that every rental dwelling and RDU is
maintained in compliance with all applicable city ordinances and state and federal laws
including, but not limited to:
Page 9 of 17
City of Corcoran
County of Hennepin
State of Minnesota
1.
2.
3.
4.
ORDINANCE NO. 2023-488
MN State r5uliging Code
The Corcoran Property Maintenance Code
MN State Fire Code
Corcoran City Code
(Collectively the "Maintenance Codes
B. Inspections. No operating license ma
followini4 an inspection conducted
June 22) 202J
be issued or renewed unless the Ci
determines.
ursuant to this section, that the rental WC III
remises confoi-1n to the Maintenance Codes. As more specificall
Code Compliance Official and their designees ma
rovidIL below, the
cat�se inspections, follow-u
inspections, and re -inspections on rental dwellings or RDUs on all classes of property
within the City on a scheduled basis, and on rental dwellings, RDUs, owner -occupied
residential units on all classes of property when reason exists to believe that a violation of
an applicable portion of the Maintenance Codes exists, has -been, or is be*
4 committed.
l . The Code Compliance Official and their deli Knees are auth�ri zed t� contact �wner�
tenants, and managers of rental dwellings to schedule inspections of rental dwellings at
reasonable times. They are also authorized to conduct those inspections once scheduled.
These scheduled inspections will be conducted to determine whether the rental dwelling
and its premises conform to the Maintenance Codes so as to inform the City's decision
of whether to issue an operating license. The authority to schedule and to conduct these
inspections is available even if the owner or owner's agent holds a temporary or
provisional license, and without regard to whether the owner or owner's agent has filed
an application for an operatin
license,
2. Upon receipt of a properly executed application for an operating license, the Code
Compliance Official shall cause an inspection to be made of the premises to determine
whether the structure is in compliance with the Maintenance Codes. Inspections
performed pursuant to the authority
are hereinafter described as "Licensin
paragraph 1 and
Inspections."
araQraph 2 of this subsection
The Code Co__mpliance Official and _their designees are at�thorized to conduct inspections
on rental dwellings, RDUs, or owner -occupied residential units on all classes of
propey when reason exists to believe that a violation ofan applicable portion of the
Maintenance Codes exists, has been, or is bein
from a tenant of a rental dwellin
dwellin.
committed. A complaint or complaints
shall be an adequate basis for an inspection of a rental
4. To increase the awareness by owners of the likel, timin of requested inspections and
to conserve public resources, the Code Compliance Official may schedule and conduct
inspections pursuant to paragraph I according to the area of the City in which the unit is
located, dividin
the City into zones, and endeavoring ins
to nara�rat�h 1 in one zone before beQinnin
them in a different zone.
coons
ursuant
Page 10 of 17
City of Corcoran
County of Hennepin
State of Minnesota
ORDINANCE NO. 2023-488
June 22, 2023
5. If a structure or rental dwelling is not in compliance, one or more follow-up inspections
or re -inspections ma
conform to the
be conducted to veri
that conditions and an
rovisions to the Maintenance Codes.
corrections
6. When the basis for the inspection pursuant to this section is information observed or
obtained during a Licensing Inspection, such reinspection or follow-up inspections shall
be conducted on a scheduled basis, whenever possible.
When scheduling Licensing Inspections pursuant to this chapter, the
Official or their designee will seek the consent of the owner of the p
Code Compliance
rope
already received) to inspect those areas outside of the RDUs that are not accessible to
the general public (including any internal rooms that are inaccessible to the public, such
as storage or mechanical rooms) and to unrented dwelling units, and the consent of the
primary tenant of the RDU (if not already received) to inspect the Unit. If the property
owner demonstrates to the satisfaction of the Code Compliance Official or their
designee that one or more tenants have consented in writing to the inspection of their
units, individual contact by the City with those tenants may be deemed unnecessarv.
a. For the purposes of satisfying paragraph 7, owners of RDUs shall report to the
City the full names, telephone numbers, and addresses of the principal tenant of
all RDUs under their ownership or control and update such information as
needed to ensure that it is accurate and current. Licensees are responsible for the
accuracy and completeness of this information and the City shall be bermitted to
rely on the same when determining appropriate notice.
8. If the Ci
is unsuccessful in securin
consent for_ an inspection pursuant to this chapter
the City may seek permission, from a cial officer through an administrative warrant,
for its Code Compliance Official, Buildin
Official, Fire Marshal and their a
licable
designees to conduct an inspection. Nothing in this Code shall limit or constrain the
authority of the judicial officer to condition or limit the scope of the administrative
warrant.
9. The scope of a Licensing Inspection shall be limited to what is necessary to determine
in accordance with this chapter whether the rental dwelling or applicable RDU and its
premises conform to the Maintenance Codes. This shall not preclude the applicable
inspector from relying upon observations made during a Licensing Inspection in seekin;
one or more of the remedies provided in this chapter.
10. A Licensing inspection must be scheduled during ordinary business hours or as
otherwise arranged with the owner or tenant. Owners and their agents and tenants ma
at their o
tion request that Licensing Inspections above take place onl
resent, so long as the request identifies a reasonable, feasible and ex
such inspection following the date of the request when the requestin
resent.
when they
� are
edient time(s) for
�artv agrees to be
Page 11 of 17
City of Corcoran
County of Hennepin
State of Minnesota
ORDINANCE NO. ZUZJm488
June 221 2023
11. Inspectors are not authorized to open containers, drawers, or medicine cabinets, unless
the containers, drawer, or medicine cabinets are opened with the consent of the tenant
(for areas inside the RDU) or the Owner (for areas inside the building but outside a
tenant's unit, and areas inside an unoccupied unit). For purposes of this para_ raph, a
medicine cabinet is a covered cabinet located above a sink in a dwelling unit's
bathroom.
12. Inspectors are authorized to open cabinets (other than medicine cabinets) or closets onl
when because of their location, those closets or cabinets, when unopened, appear to
contain one or more water or waste water braes. or fuses. or exposed electrical wiring_
and it is reasonably necessary in order to inspect for the existence of one or more
conditions that violations the Maintenance Codes, or when the cabinets or closets are
opened with the consent of the tenant (for areas inside the unit) or the Owner (for areas
inside the building but outside a tenant's unit, and areas inside an unoccupied unit).
Inspection Not Required. Inspection for the issuance or rene
by the Citv. in its sole discretion. if the owner of a dwelling
wal of a license may be waived
unit proves that within the
revious 12 months the dwelling unit passed an inspection required by the City, State, or
Federal re
and the Ci
ations that is at least as stringent as the inspection required under this chanter
is not aware of an
evidence of violations occurring or present subsequent to
that alternatinspection. The Ci
ro
hac cnlP �icrrPtinn to �PtPrminP «��Pn ar, incr,Pr�tinn
ram is at least as stringent as the inspection required under this chapter. Inspections
acted as the result of a complaint made to the Citv may not be waived under this
provision.
118.06: COMPLIANCE ORDERS.
A. Upon the identification of a violation of the Maintenance Codes, the Ci
shall
rovide
written notice of the violation to the Owner or Manager. Notice maybe personall
on or otherwise directly provided to the Owner or Manager or delivered b
served
U.S. mail to the
Owner or Manager at the address on record with the City in the license. The notice shall
articulate the violation and the time by which the violation must be corrected.
3. Should the Licensee fail to correct the noticed violation within the time provided, the Cit
may pursue any or multiple remedies contemplated in this chapter.
C . The notice
rovisions herein shall not a
City from takin
118.09.
ly to, and nothin
immediate action to address an erner�enc
in this section shall
rohibit the
as contemplated in Section
D. If a fifth or subsequent violation of Corcoran's Maintenance Codes, involvin
_ the same
property and licensee, occurs within 18 months of any four previous properly noticed
violations
ursuant to paragraph A. a revocation hearin
will be rewired and the Cit
Page 12 of 17
City of Corcoran
County of Hennepin
State of Minnesota
June 22, 2023
ORDINANCE NO. 2023-488
Council may take action to deny, revoke, suspend, or not renew the license. Failure for a
licensee or designated property manager to appear at the hearing will be grounds for
automatic revocation of the rental license. The effective date of a license revocation or
suspension will be determined b
the CI
Council at the hearin
life threatening conditions at the property that create a p
instance, the rental license can be revoked or suspended
unless the Official finds
ublic safety emergency, In such an
prior to the hearing date, but the
City Council can choose to reinstate the license if extenuatin
control of the licensee are shown at the hearing.
circumstances outside of the
118.07: LICENSEE RESPONSIBLE FOR CONDUCT OF OCCUPANTS OR QUESTS
A. Conduct on the licensed
_ remises. It shall be the responsibili
appropriate action followin;
_ of the licensee to take
conduces occupants) or guests) of the occupants) which is
in violation of any of the followin
1.
2.
J.
4.
5.
6.
7.
Minn. Stat.
Minn. Stat.
statutes or ordinances:
609.72 relating to disorderly conduct.
609.74 and Subd. 5 of Chapter 82.04 of the Cit
nuisances and noise nuisances.
Minn. Stat.
Minn. Stat.
Minn. Stat.
Minn. Stat.
Minn. Stat.
Code related to public
340A.701-340A.703 relating to the sale of alcoholic beverages.
609.321, Subd. 9 relating to prostitution or acts related to prostitution.
609.221 et seq . relatin 4 to assaults as defined in Minn. Stat.
609.595 relating
152.021-152.027
B. Enforcement and Administration
to criminal damage to property_
relating to controlled substances.
609.224.
l . The Code Compliance Official in coordination with the Director of Public Safety or
their desi;nee(s) shall be responsible for enforcement and administration of this section.
2. Upon a determination by the Code Compliance Official or his/her designee (the
"Official") that a licensed rental dwelling was involved in a violation of paragraph A
above, the Official shall notify the licensee by U.S. mail of the violation and direct the
licensee to take steps to prevent further violations. A copy of the notice shall also be
sent to a tenant in violation of paragraph A.
3. Upon a second violation of the provisions of paragraph A within 18 months involving
the same tenant or occupant or a guest of the same tenant or occupant, notice of the
violation shall be provided as set forth in paragraph B2 above, and shall require the
licensee to submit a written report of action taken to
revent further violations on the
licensed premises. The written report shall be submitted to the Official within 10
business days of the request for the same and shall detail all actions taken by the
Pomp]
licensee in response to all notices regarding violations to
the preceding 18 months. If the licensee fails to
paragraph A occurring within
with the requirements of this
paragraph, the City Council may take action on the license, after providing an
opportunity for a hearing to contest the allegations of non-compliance with this
Para _ rg_aph.
Page 13 of 17
City of Corcoran
County of Hennepin
State of Minnesota
June 22, 2023
ORDINANCE NO. 2023-488
4. If a third or subsequent violation of paragraph A, involving the same tenant or occupant
or a guest of the same tenant or occupant, occurs within 18 months of any two previous
properly noticed violations pursuant to Para raph A, a revocation hearing will be
required and the City Council may take action to deny, revoke, suspend, or not renew
the license. Failure of a licensee or designated property manager to appear at the hearing
will be grounds for automatic revocation of the rental license. The effective date of a
license revocation or suspension will be determined by the City Council at the hearing
unless the Official finds life threatening conditions at the property that create a public
safety emergency. In such an instance, the rental license can be revoked or suspended
prior to the hearing date, but the City Council can choose to reinstate the license if
extenuatin
hearin .
circumstances outside of the control of the licensee are shown at the
5. Bona fide calls for assistance made b
occupants of a rental dwellin
in and of themselves, count as a violation of
aragraph A
includin
or RDU shall not
but not limited to
tenants calling the police for assistance with a �atherin of people that has become a
nuisance at a rental dwelling or RDU and instances of domestic assault. However, Citv
representatives who observe separate violations when responding to a call for assistance
may determine a violation exists which ma
118.07 or a violation of Section It 8.06.
be counted as a violation of this Section
6. The City Council matey or terminate any adverse licensing action if the triggering
violation occurred during the pendency of an eviction proceeding to remove the
offending tenant or occupant, and that proceeding is being diligently pursued by the
licensee.
6. A determination that the licensed premises has been used in violation of paragraph A
shall be made upon substantial evidence to support such determination. It shall not be
necessary that criminal charges be filed or proven to support such a determination.
Further, imposition of other enforcement actions, penalties, administrative offense
tickets, criminal charges. or other actions on the license shall not act as a bar to anv
other action on the license
C. Appeal
1.
ursuant to this chapter.
Upon notice of a violation of paragraph Aor upon
paragraph B3, the licensee or tenant in violation m
a notice of a failure to comply with
_ _ _ ay file a written appeal of such
asserted violation with the City Clerk, within 10 days of the notice, after which any
peaI shall be deemed to have been waived. Upon receipt of notice of such appeal,
trin before the City Council to hear evidence to
he City shall schedule and notice a hea
determine if substantial evidence exists to su
ort such asserted violation.
Upon rendering a decision, the City Council shall
Council's decision. Should the Council uphold the appeal, the violation shall be
removed from the property file and shall not be considered when determining the
number of license violations at the rental dwelling.
rovide notice to the abpellant of the
Page 14 of 17
City of Corcoran
County of Hennepin
State of Minnesota
ORDINANCE NO. 2023-488
June 22, 2023
118.08: LICENSE DENIAL, SUSPENSION, OR REVOCATION, VIOLATIONS
A. Violations. A violation of this chapter is a misdemeanor. Each day a person fails to compl
with a compliance order or other
rovision of this chapter shall constitute a separate
offense. In addition to enforcement of criminal remedies, the City may issue administrative
offense tickets, and/or take action on a license, or pursue any other remedy at law or in
equity available to the City. The City's remedies shall be cumulative and may be pursued
against multiple parties. The City's election to pursue any one remedy set forth herein shall
not act as a bar to anv other remedial action.
B. Assessment of unpaid administrative penalties. An�paid administrative penalty for
failure to compl
against the
with the rental licensin
rovisions in this Chapter may be assessed
roperty in the manner set forth in City Code.
C. Grounds for denial, suspension, or revocation. The City Council may deny, revoke, or
suspend a license pursuant to this Section. During a suspension, the property for which the
suspension occurred shall be included for
oses of calculating the number of eligible lots
per block, unless found to be otherwise ineligible.
1. A license issued
findin
ursuant to this chapter may be denied revoked, or suspended upon a
of noncompliance with the
rovisions of this chanter. Further. non -disclosure
misrepresentation, or misstatement of material fact in an�pplication for a license shall
be prima facie showing of cause for revocation, suspension, or other such action
restricting the privileges of a licensee, as determined by the City Council.
Reinstatement of a suspended or revoked license shall be accombanied by a fee in an
amount set by the City Council. Issuance of a new license after suspension or
revocation shall be made in the manner provided for obtaining an initial license. An)
Owner or principal of an Owner entity who has an interest in two or more licenses
revoked pursuant to this chapter shall be ineli4ible to hold or have an interest in a
license for a period of at least five years.
restrictin
Council may, for cause, deny, revoke or suspend a
the nrivile�es of a license subi ect to the following
license or take other action
requirements:
a. The City shall provide written notice to the licensee containing a
statement of reasons or causes for the
notice of a earin�.
roposed action together with a
b. The City Council shall conduct a hearing on the proposed action and
hear relevant evidence the a
_ plicable City representatives and from the
licensee or affected tenant, if any is offered. The City Council shall
consider such evidence and provide findings of fact together with a
statement of action taken, along with any
such action or other action restricting the
applicable conditions of an
privileges of the licensee.
Page 15 of 17
City of Corcoran
County of Hennepin
State of Minnesota
June 225 2023
ORDINANCE NO. 2023-488
c. The City shall forward the findin4s and statement of action taken to the
licensee by mailing the same to the address of record in the license.
D. Notification of tenants. Upon suspension, revocation, or denial of a license, or if the RDU is
not licensed, the City will make reasonable efforts to notify all affected tenants.
118.09: SUMMARY ACTION.
A. Emergency. When the conduct of any owner or owner's agent, representative, emplo. e
lessee, or the condition of the rental dwelling or RDU, 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 or RDU so as to constitute a nuisance, fire
hazard, or other unsafe or dangerous condition and thus give rise to an emergency, the Code
Compliance Official or Building Official has the authority to summarily and immediately
condemn or close rental dwellings or individual RDUs or areas of the rental dwelling as the
Code Compliance Official or Building Official deem necessary.
B. Notice. Notice of summary action will be posted at the units or areas affected and will
describe the units or areas affected. No person shall remove the posted notice, other than the
Code Compliance Official or Buildin
Official or their designee.
C. Appeal. Any personal aggrieved by a decision or action of the Code Compliance Official or
their designee to condemn all or part of a rental dwelling shall be entitled to appeal to the
Council by filing a notice of a
eal with the Ci
Administrator, within 10 day s . The
Administrator must schedule a date for hearing before the Council and noti
of the date.
118.10: POSTED TO PREVENT OCCUPANY.
the a
ellant
Whenever any rental dwelling or RDU is found to be unfit for human habitation, it shall be posted
by the Code Compliance Official or their designee on the door of the rental dwelling or RDU,
whichever the case may be, to prevent further occupancy. No person, other than the Code
Compliance Official or their designee, shall remove or alter any posting. The Code COm-nliance
Office or their designee will
ost the date the rental dwelling or RDU shall be vacated
person shall reside in, occupy, or cause to be occupied tha
Compliance Official or Council permits it.
118.11: NO WARRANTY BY CITY.
t rental dwellin
and no
or RDU until the Code
By enacting and undertaking to enforce this chapter, neither the Cites nor its Council, agents, or
employees warrant or uaranty the safety, fitness, or suitability of any rental dwelling or RDU in
the City. Owners and occupants should take appropriate steps to protect their interests, health,
1
safety, and welfare.
118.12: SEVERABILITY AND SAVINGS CLAUSE.
Page 16 of 17
City of Corcoran
County of Hennepin
State of Minnesota
If an
ORDINANCE NO. 2023-488
section or portion of this chapter shall be found unconstitutional or oth
unenforceable b
a court of competent i urisdiction, that findi
June 22, 2023
Prwi e. inva1iri nr
shall not service as an invalidation
oI effect the validity and enforceability of any other section or provision of this Code.
SECTION 2. Effective
This Ordinance shall be in full force and effect as of 12:01 AM on July 1, 2023.
ADOPTED by the City Council on the 22nd day June 2023.
VOTING AYE
McKee
® Bottema, Jon
®
y
❑ Schultz, Alan
® Vehrenkamp, Dean
Nichols, Jerem
ATTEST:
Michelle Friedrich —City Clerk
Tom Mc
VOTING NAY
❑ McKee, Tom
❑ Bottema, Jon
❑ Nichols, Jeremy
❑ Schultz, Alan
❑ Vehrenkamp, Dean
ee -Mayor
City Seal
Page 17 of 17