Ordinance 341CITY OF CHANHASSEN
• CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 341
AN ORDINANCE AMENDING CHAPTER 10
OF THE CHANHASSEN CITY CODE CONCERNING
LICENSING OF RENTAL HOUSING
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
SECTION 1. The Chanhassen City Code is amended by adding Article VII to
read as follows:
ARTICLE VII. RENTAL DWELLING LICENSES
Sec. 10-190. Purpose.
• It is the purpose of this ordinance to protect the public health, safety and welfare
of citizens of the City who have as their place of abode a living unit furnished to them for
the payment of a rental charge to another by adopting licensing regulations for all rental
dwellings in the city.
Sec. 10-191. Definitions.
For the purposes of Chapter 10, the terms defined in this section shall have the
meanings given them in the subdivisions which follow:
(1) Compliance Official. As used in this ordinance, the term "Compliance
Official' shall mean the City Manager or his or her designee.
(2) Rental Dwelling. As used in this ordinance the term "rental dwelling" shall
mean any rental dwelling with one or more living units. "Rental dwelling" does not
include hotels, motels, hospitals and homes for aged.
(3) Operate. As used in this ordinance, the term "operate" means to charge a
rental charge or other form of compensation for the use of a unit in a rental dwelling.
Sec. 10-192. License Required.
No person, firm, partnership, corporation or other legal entity shall operate a
rental dwelling in the City without first having obtained a license. The license is issued
• each year and is valid until the date of expiration.
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Sec. 10-193. 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:
(a) Provisional license. Dwellings required to be licensed, which are existing
and in operation prior to the effective date of this ordinance, may continue to operate
with a provisional license. A provisional license will be issued upon receipt of
application and payment of fees. The provisional license shall be valid until a license is
issued or it is determined that license requirements have not been met and the city will
not issue a license.
(b) Name and address of the owner of the rental dwelling.
(c) Name and address of any operator or agent actively managing said rental
dwelling.
(d) Name and address of all partners if the registrant is a partnership.
(e) Name and address of all officers of the corporation if the registrant is a
corporation.
(f) Name and address of the vendee if the rental dwelling is owned or being
• sold on a contract for deed.
(g) Legal address of the rental dwelling.
(h) Number and kind of units within the rental dwelling classified as dwelling
units, tenement units, or rooming units or other.
(i) Name and address of on site operating manager if any.
Sec.10-194. Application, Execution.
The application shall be subscribed and sworn to be the applicant before an
officer duly qualified to take oaths and shall be made by the owner if such owner is a
natural person; if the owner is a corporation by an officer thereof; if a partnership by one
of the partners; and if an unincorporated association, by the manager or managing
officer thereof.
Sec. 10-195. License Renewal.
Notwithstanding the application signature requirements of Section 10-194,
renewals of the license as required annually by this code may be made by filling out the
required renewal form furnished by the City Manager to the owner, operator or agent of
a rental dwelling and mailing said form together with the required registration fee to the
ISCity Manager.
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Sec. 10-196. License Fees. Such license fees shall be in the amount set by the
• Council from time to time.
Sec. 10-197. Posting.
Every registrant of a rental dwelling shall post the annual license issued by the
City Manager. The annual license shall be conspicuously posted (in a frame with a
glass covering) by the registrant, in a public corridor, hallway or lobby of the rental
dwelling for which they are issued.
Sec. 10-198. Maintenance Standards.
Every rental dwelling shall maintain the standards in Chapter 7, Housing
Maintenance Code in addition to any other requirement of the ordinance of the City or
special permits issued by the City, or the laws of the State of Minnesota.
Sec. 10-199. Revocation or Suspension.
(a) Every license or permit issued under this ordinance is subject to the right,
which is hereby expressly reserved, to suspend or revoke the same should the license
holder or their agents, employees, representatives or lessees directly or indirectly
operate or maintain rental dwellings contrary to the provisions of this Article or any other
City Code provision, or any permit issued by the City or the laws of the State of
Minnesota.
• (b) The license may be suspended or revoked by the City Council after a
written notice is sent to the license holder specifying the ordinance or law violations with
which they are charged. This notice shall also specify the date for hearing before the
City Council, which shall not be less than 10 days from the date of the notice.
(c) At such hearing before the City Council, the license holder or their
attorneys may submit and present witnesses on their behalf.
(d) After a hearing the City Council may suspend or revoke the license if they
deem it necessary to protect the public health, safety or general welfare.
Sec. 10-200. Summary Action.
•
(a) When the condition of the rental dwelling of any license holder or their
agent, representative, employee or lessee is detrimental to the public health, safety and
general welfare as to constitute a nuisance, fire hazard or other unsafe or dangerous
condition and thus give rise to an emergency, the Compliance Official shall have the
authority to summarily condemn or close off such area of the rental dwelling.
(b) Any person aggrieved by a decision of the Compliance Official to cease
business or revoke or suspend the license or permit shall be entitled to appeal to the
City Council immediately, by filing a Notice of Appeal. The Manager shall schedule a
date for hearing before the City Council and notify the aggrieved person of the date.
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(c) The hearing shall be conducted in the same manner as if the aggrieved
• person had not received summary action.
(d) The decision of the Compliance Official shall not be voided by the filing of
such appeal. Only after the City Council has held its hearing will the decision of the
Compliance Official be affected.
Sec. 10-201. Applicable Laws.
Licenses shall be subject to all of the ordinances of the City and the State of
Minnesota relating to rental dwellings; and this ordinance shall not be construed or
interpreted to supersede or limit any other such applicable ordinance or law.
Sec. 10-202. Rental dwelling licenses; Conduct on licensed premises.
It shall be the responsibility of the rental license holder to take appropriate action
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) Chapter 13, Article I of this Code, which prohibits nuisances;
(f) Minnesota Statutes, Sections 97B.021, 9713.045, 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.
Sec. 10-203. Disorderly Use Violations.
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(a) Upon determination by the Compliance Official that a Disorderly Use
Violation occurred on the licensed premises, as described in Sec. 10-202
above, the City shall notify the licensee by certified mail of the violation
and direct the licensee to take appropriate action to prevent further
violations.
(b) If a second Disorderly Use Violation occurs on the licensed premises by
the same tenant, a family member, a roommate, or a guest of the tenant
occurs within twelve (12) months of an incident for which the notice in Sec.
10-202(a) above 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 the premises.
(c) If a third Disorderly Use Violation occurs on the licensed premises by the
same tenant, a family member, a roommate, or a guest of the tenant
occurs within twelve (12) months 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 unit occupied by
the involved tenant shall be suspended by the City Council. The initial
suspension shall be for up to sixty (60) days. If another disorderly use
is
violation occurs on the licensed premises by the same tenant, a family
member, a roommate, or a guest of the tenant within twelve (12) months
after the end of a suspension period, the City Council may suspend the
rental dwelling license for the unit occupied by the involved tenant for up
to one hundred twenty (120) days. In lieu of a suspension, the City
Council may impose a fine equivalent to the rent for the suspension
period.
•
(d) It shall not be considered an instance of disorderly use if the tenant is
evicted or voluntarily vacates the licensed premises prior to the hearing
before the City Council and within two (2) full calendar months after the
determination by the Compliance Official that disorderly use has occurred
and notice of the determination has been sent to the licensee.
Sec. 10-204. Multiple Suspensions.
If the license of more than one dwelling unit in a licensed premises is suspended
within twelve (12) months, the period of suspension for the second and subsequent
dwelling units licensed that are suspended may be doubled for the suspension period
specified in Section 10-203 above.
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SECTION 2. This ordinance shall be effective immediately upon its passage and
Is publication.
•
PASSED AND ADOPTED this 14t' day of October, 2002, by the City Council of the
City of Chanhassen, Minnesota.
ATTEST:
Tddd Gerhardt, City Manager Linda C. Jansen,
(Summary Ordinance -Published in the Chanhassen Villager on October 31, 2002).
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Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota)
)SS.
County of Carver )
Stan Rolfsrud, being duly sworn, on oath says that he is the publisher or the authorized agent of
the publisher of the newspapers known as the Chaska Herald and the Chanhassen Villager and
has full knowledge of the facts herein stated as follows:
(A) These newspapers have complied with the requirements constituting qualification as a legal
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as
CITY OF CHANHASSEN amended.
CARVER AND HENNEPIN (B) The printed public notice that is attached to this Affidavit and identified as No.A31.4
COUNTIES, MINNESOTA was published on the date or dates and in the newspaper stated in the attached Notice and said
SUMMARY OF ORDINANCE Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
This ordinance amends City Code the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
Chapter 7 to regulate Property inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
Maintenance and Chapter 10 concerning and publication of the Notice:
licensing of Rental Properties within the
City of Chanhassen. abcdefghijklmnopgrstuv x
A printed copy of the ordinance is
available for inspection by any person
during regular office hours at the office of
By:
the City Manager/Clerk.
PASSED, ADOPTED, AND Stan Rolfsrud, Gene Manager APPROVED FOR PUBLICATION this or his designated agent
14' day of October, 2002, by the City Subscribed and sworn before me on
Council of the City of Chanhassen,
Minnesota.
CITY OF CHANHASSEN • rrraPs
Todd Gerhardt, Citya�
Manager this day of LV-'*P,& ewfF- , 1. HADUEN7
(Published inthe Chanhassen Villageron?
3", c ,w y r
Thursday, November 7, 2002, No. 4830) ,,1, , �„ ,im;c
Notary Public
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RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space. . $20.00 per column inch
Maximum rate allowed by law for the above matter ................................ $20.00 per column inch
Rate actually charged for the above matter ............................................... $10.23 per column inch