§ 7-43. Enforcement and inspections.

The compliance official or designee(s) administers and enforces the provisions of this article and is hereby authorized to cause inspections on an annual basis for all licensed rental dwellings and also when reasonable grounds exist to believe that a violation of this article has been or is being committed. Inspections shall be conducted during reasonable times, and the compliance official or designee(s) shall present evidence of official capacity to the tenant, owner, or agent at the time of inspection of the rental dwelling. Inspections shall include all common areas, utility and mechanical rooms, accessory structures, interiors of each dwelling units, exteriors of all structures and exterior property areas.

(1)

Inspection access. Pursuant to Minnesota Statutes, Section 504B.211, the owner or agent shall provide proper notification of an inspection to the tenants after receiving notice of the time and date of the inspection from the compliance officer or designee(s). Each tenant of a dwelling unit shall give the owner or agent access to any part of such dwelling unit at reasonable times for the purpose of effecting inspection, maintenance, repairs or alterations as are necessary to comply with the provisions of this subchapter. If any owner, agent or tenant of a dwelling unit fails to provide the tenant with requisite notice of the inspection or otherwise refuses to permit entry to the dwelling unit under its control for an inspection pursuant to this subchapter, the compliance official may seek a court order authorizing such inspection.

(2)

Official order. Whenever the compliance official or designee(s) determines that any rental dwelling or portion thereof, or the premises surrounding any of these, fails to meet the provisions of this article or city Code, an official order setting forth the violations and ordering the owner or agent to correct such violations shall be issued. This official order shall:

a.

Be in writing.

b.

Describe the location and nature of the violations of this article.

c.

Establish a reasonable time for the correction of such violation and right to appeal.

d.

Identify the implications of noncompliance with the official order, including but not limited to being cited by the city and prosecuted, as well as the possible revocation, suspension or nonrenewal of the rental license for the dwelling unit or licensed premises. Actions limiting the owner's ability to rent will be brought to city council.

e.

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

1.

Served upon owner or agent personally; or

2.

Sent by First Class mail to his/her last known address on file with the city; or

3.

Upon failure to effect notice through subsections 1. or 2. as set out in this section, posted at a conspicuous place in or about the rental dwelling, or portion thereof, that is affected by the notice.

4.

Communications with the owner or agent may also be by electronic mail.

f.

Be provided to the tenant(s) residing in the licensed premises that is the subject of the official order. Such notice shall be deemed to be properly provided the tenant(s) if a copy is properly posted on the dwelling unit or at a conspicuous place in or about the rental dwelling.

(3)

Action plan. The compliance official or designee(s) may require an action plan to be completed by the licensee or agent in a designated time frame that indicates the steps taken to correct identified violations and the measures to be taken to ensure ongoing compliance with city ordinances and all applicable codes.

(4)

Unfit for human habitation.

a.

Any rental dwelling or portion thereof that is damaged, decayed, dilapidated, insanitary, unsafe, vermin or rodent infested, or that lacks provision for basic illumination, ventilation or sanitary facilities to the extent that the defects create a hazard to the health, safety or welfare of the tenants or of the public may be declared unfit for human habitation. Whenever any rental dwelling or licensed premises has been declared unfit for human habitation, the compliance official or designee(s) shall order the same vacated within a reasonable time and shall post a placard on same indicating that it is unfit for human habitation as adopted by city council chapter 7, section 7-1 (Minnesota State Building Code), and any license previously issued for such rental dwelling units shall be revoked or modified pursuant to section 7-44 herein.

b.

It shall be unlawful for such rental dwelling or portion thereof to be used for human habitation until the defective conditions have been corrected and written approval has been issued by the city. It shall be unlawful for any person to deface or remove the declaration placard from any such rental dwelling.

(5)

Hazardous building declaration. In the event that a rental dwelling has been declared unfit for human habitation and the owner or agent has not remedied the defects within a prescribed reasonable time, the rental dwelling may be declared a hazardous building and treated consistent with the provisions of Minnesota Statutes.

(6)

Right of appeal. When it is alleged by any person to whom an official order is directed that such official order is based upon erroneous interpretation of this article, such person may appeal the official order to the city council sitting as a board of appeals. Such appeals must be in writing, must specify the ground for the appeal, must be accompanied by a filing fee as set forth per city council resolution, in cash or cashier's check, and must be filed with the city within ten (10) business days after receipt of the compliance order. The filing of an appeal shall stay all proceedings in furtherance of the action appealed from, unless such a stay would cause imminent peril to life, health, or property.

(7)

Board of appeals decision. Upon at least ten (10) business days' notice to the appellant of the time and place for hearing the appeal, and within thirty (30) calendar days after said appeal is filed, the board of appeals shall hold a hearing thereon, receive evidence, and consider any advice and recommendation from the compliance officer. The board of appeals may reverse, modify, or affirm, in whole or in part, the compliance order and may order return of all or part of the filing fee if the appeal is upheld.

(8)

Restrictions on transfer of ownership. It shall be unlawful for the owner of any rental dwelling, or portion thereof, upon whom a pending compliance order has been served to sell, transfer, mortgage, lease, or otherwise dispose thereof to another person until the provisions of the compliance order have been complied with, unless such owner shall furnish to the grantee, lessee, or mortgagee a true copy of any notice of violation or compliance order and shall obtain and possess a receipt of acknowledging and file a copy of the same with the city within ten (10) days of receipt. Anyone securing an interest in the rental dwelling, or portion thereof, who has received notice of the existence of a violation tag or compliance order shall be bound by same without further service of notice and shall be liable to all penalties and procedures provided by this article.

(9)

Failure to correct official orders. Any person who fails to comply with an official order and any person who fails to comply with a modified compliance order within the time set therein, upon conviction thereof shall be guilty of a misdemeanor, punishable in accordance with state law. Nothing in this article however is deemed to limit other remedies or civil penalties available to the city under this Code or state law. Each day of such failure to comply may constitute a separate punishable offense.

(10)

Execution of official orders. Upon failure to comply with an official order within the time set therein and no appeal having been taken, or upon failure to comply with a modified compliance order within the time set therein, the criminal penalty established hereunder notwithstanding, the city council may, by resolution, following a hearing upon not less than ten (10) days' notice to the owner and agent cause the cited deficiency to be remedied as set forth in the compliance order. The cost of such remedy shall be a lien against the subject real estate and may be levied and collected as a special assessment in the manner provided by Minnesota Statutes, Chapter 429, (the assessment shall be payable in a single installment) and the owner and agent hereby consent to the levy of such special assessments without notice or hearing and waive their rights to appeal such assessments pursuant to Minnesota Statutes, provided the amount levied does not exceed the expenses actually incurred by the city. Further, the city may, at its option, as an additional remedy, recover expenses actually incurred by the city, in the manner provided by Minnesota Statutes, Sections 415.01, 366.011 and 366.012, and the owner and agent hereby consent to the levy of such assessments without notice or hearing and waive their rights to appeal such assessments pursuant to such Minnesota Statutes, provided the amount levied does not exceed the expenses actually incurred by the city.

(11)

Alternative sanctions. Notwithstanding the availability of the foregoing compliance procedures and the penalties, whenever the city determines that any rental dwelling, or portion thereof, or the premises surrounding any of these fails to meet the requirements set forth in this article, the city may request the issuance of a criminal complaint and arrest warrant.

(Ord. No. 2017-13, § 2, 9-26-17)