(A) Responsibility. It is the responsibility of the owner and operator/manager to be in compliance with this subchapter, other city ordinances and state laws.
(B)
Maintenance standards. Every rental dwelling must maintain the standards in the city property maintenance code, Chapter 106 of this code, in addition to any other requirement of the ordinances of the city or special permits issued by the city, or the laws of the State of Minnesota. (C) Inspections and investigations.
(1) The City Manager is authorized to make inspections to enforce this subchapter.
(2) All designated agents authorized to inspect have the authority to enter, at all reasonable times, any rental dwelling. Prior to entering a rental dwelling, the designated agent must first present proper credentials and request entry. If any owner, operator, occupant or other person(s) in charge of a rental dwelling fails or refuses to permit access and entry to the rental dwelling, or any part thereof, the designated agent may, upon showing that probable cause exists for the inspection and for the issuance of an order directing compliance with the inspection requirements of this section, petition and obtain such order from a court of competent jurisdiction in order to secure entry.
(3) Compliance orders must be written in accordance with § 107.00 of the International Property Maintenance Code.
(4) There is no fee charged for an initial inspection to determine the existence of a housing maintenance code violation, nor any fee for the first reinspection to determine compliance with an order to correct a housing maintenance code violation.
(a) A fee will be charged for each subsequent re-inspection occurring after the due date for compliance with an order, as determined by the City Manager. The amount of the re-inspection fee will be set by resolution of the council as listed in the Appendix of this code.
(b) The re-inspection fees prescribed above are to be billed directly to the owner or operator/manager for the property upon completion of any re-inspection for which a fee is required. Failure to pay such fees is grounds for revocation, suspension, or non-issuance of a rental dwelling license. This subdivision is not to be considered the exclusive method of collecting re-inspection fees and does not preclude collection by other lawful means.
(c) Every notice of violation and order to correct housing code violations must contain a clear and conspicuous explanation of the policy in this section requiring re-inspection fees for subsequent re-inspection.
(d) The City Manager may waive a re-inspection fee in case of error, mistake, injustice, or other good cause.
(D) Revocation, suspension, denial or non-renewal of license.
(1) The City Manager may revoke, suspend, deny or decline to renew any license issued under this subchapter for part or all of a rental dwelling upon any of the following grounds:
(a) False statements on any application or other information or report required by this subchapter to be given by the applicant or licensee;
(b) Failure to pay any application, penalty, reinspection or reinstatement fee required either by this section or City Council resolution;
(c) Failure to correct deficiencies in the time specified in a compliance order;
(d) Failure to allow an authorized inspection of a rental dwelling;
(e) Violation of an owner's duties under M.S. §§ 299C.66 to 299C.71 ("Kari Koskinen Manager Background Check Act");
(f) Failure to comply with the Minnesota Crime Free Multi-housing Program requirements in §
117.491.
(g) Any other violation of this subchapter.
(2) Before the City Manager may revoke, suspend, deny or not renew a license, written notice must be sent to the applicant or owner/licensee setting forth the alleged grounds for the potential action. The notice must also specify a date for a hearing before the Hearing Officer, which must not be less than ten days from the date of the notice. At the hearing, the owner/licensee may present witnesses in their defense. The Hearing Officer may give due regard to the frequency and seriousness of violations, the ease with which such violations could have been cured or avoided and good faith efforts to comply and shall issue written findings.
(3) Upon a decision to revoke, deny or not renew a license, the owner/licensee will not be eligible for any new rental licenses for a period determined by the City Manager, but not to exceed one year.
(4) A decision to revoke, suspend, deny or not renew a license or application will specify the part or parts of the rental dwelling to which it applies. Until a license is reissued or reinstated, no rental units becoming vacant in such part or parts of the rental dwelling may be relet or occupied. Revocation, suspension or non-renewal of a license will not excuse the owner/licensee from compliance with all terms of this section for as long as any units in the rental dwelling are occupied.
(5) Failure to comply with all terms of this section during the term of revocation, suspension or non-renewal is a misdemeanor and grounds for extension of the term of revocation, suspension or continuation of non-renewal of the license.
(6) Appeals of any decision made by the City Manager must be filed in Hennepin County District Court.
(1) When the conduct of any owner/licensee or their agent, representative, employee or lessee or the condition of their rental dwelling is detrimental to the public health, sanitation, safety and general welfare of the community at large or residents of the rental dwelling as to constitute a nuisance, fire hazard or other unsafe or dangerous condition and thus give rise to an emergency, the City Manager has the authority to summarily condemn or close off individual units or such areas of the rental dwelling. Notice of summary condemnation must be posted at the location of the rental dwelling license and at the units or areas affected and shall indicate the units or areas affected. Upon notice of summary condemnation, the City Manager may deny, revoke, suspend or decline to renew the license for all or any part or parts of the rental dwelling or may impose terms and conditions as necessary to remedy the nuisance, fire hazard, or other unsafe or dangerous condition.
(2) Any person aggrieved by a decision or action of the City Manager under paragraph (F) shall be entitled to appeal by filing a notice of appeal in the office of the City Manager. The appeal must be filed within ten days of the City Manager's decision. The City Manager will schedule a date for a hearing before the Hearing Officer and notify the aggrieved person of the date. At the hearing, the owner/licensee may present witnesses in their defense. The Hearing Officer may give due regard to the frequency and seriousness of violations, the ease with which such violations could have been cured or avoided and good faith efforts to comply and shall issue written findings.
(3) The decision of the City Manager is not voided by the filing of such appeal. Only after the Hearing Officer has held its hearing will the decision or action of the City Manager be affected.
(G)
Posting of unlicensed properties. Any dwelling found in violation of §
117.43 of this subchapter may be posted with a placard near or upon the main entrance of the dwelling and must be substantially in the following form:
NOTICE
Property Address
This property is in violation of Brooklyn Park Ordinance Section 117:43, License
Required. Failure to obtain a rental license will result in legal action. Any unauthorized
person removing or defacing this notice will be prosecuted.
Division...Designated Agent...Date
('72 Code, § 455:78) (Ord. 1996-795, passed 1-22-96; Am. Ord. 2001- 956, passed 8-13-01; Am. Ord. 2002-975, passed 6-10-02; Am. Ord. 2003-1007, passed 10-27-03; Am. Ord. 2004-1021, passed 11-15-04; Am. Ord. 2005-1036, passed 5-23-05; Am. Ord. 2008-1090, passed 7-7-08; Am. Ord. 2016-1208, passed 9-26-16)
