Eden Valley City Zoning Code

CHAPTER 153

RENTAL CODE

§ 153.01 PURPOSE.

(A) The purpose of this chapter is to protect the public health, safety, and the general welfare of the people of the city.

(B) These general objectives include, among others, the following:

(1) To protect the character and stability of residential areas within the city;

(2) To correct and prevent housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare, and health, including the physical, mental, and social well-being of person occupying dwellings within the city;

(3) To provide minimum standards for cooking, heating, and sanitary equipment necessary to the health and safety of occupants of buildings;

(4) To provide minimum standards for light and ventilation, necessary to health and safety;

(5) To prevent the overcrowding of dwellings by providing minimum space standards per occupant for each dwelling unit;

(6) To provide minimum standards for the maintenance of existing residential buildings, and to thus prevent slums and blight;

(7) To preserve the value of land and buildings throughout the city; and

(8) To ensure that rental property does not strain public utilities and city staffing resources.

(Ord. passed 4-6-2016)

§ 153.02 SAVINGS CLAUSE.

With respect to rental disputes, and except as otherwise specifically provided by the terms of this chapter, it is not the intention of the city to intrude upon the fair and accepted contractual relationship between tenant and landlord. The city does not intend to intervene as an advocate of either party, nor to act as an arbiter, nor to be receptive to complaints from tenant or landlord that are not specifically and clearly relevant to the provisions of this chapter. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of city government. Neither, in enacting this chapter, is it the intention of the City Council to interfere or permit interference with legal rights to personal privacy. In the event any provision or part of this chapter is determined to be void or unenforceable, the remainder of this chapter shall remain in effect.

(Ord. passed 4-6-2016)

§ 153.03 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.

DWELLING UNIT. Consists of one or more rooms that are arranged, designed, or used as living quarters for rent. Each room or group of rooms shall be a separate DWELLING UNIT. A rooming house shall be considered a single-dwelling unit, but may charge a fee based on the number of sleeping rooms. A structure that is self-enclosed and arranged designed and used as living quarters to a single- family or group of persons under a single lease or agreement shall be considered a single DWELLING UNIT.

COMPLIANCE OFFICER. A designee appointed by the Eden Valley Council authorized to administer and enforce this chapter.

LICENSE. A provisional rental license, which is issued after receipt of fees and may be revoked if such rental property is found not to be in compliance with ordinances, codes, or statutes.

LOT. An area within a manufactured home park or otherwise maintained and made available for occupancy by a manufactured home.

MANUFACTURED HOME. As provided in § 150.002.

MANUFACTURED HOME PARK. Any site, lot, field, or tract of land upon which two or more occupied manufactured homes are located, either free of charge or for compensation, and includes any building, structure, tent, vehicle, or enclosure used or intended for use as part of the equipment of the manufactured home park.

MAXIMUM OCCUPANCY. For each occupant in a dwelling unit, 70 square feet of space must be provided.

OCCUPANT. Any person (including the owner or operator) living, sleeping, cooking, and eating in a dwelling unit.

OPERATOR. The owner or agent who has charge, care, control, or management of a building or manufactured home park or part hereof, in which dwelling units, manufactured homes, or rooming units are let.

OWNER. Any person who, alone or jointly or severally with others, shall be in actual possession of, or have charge, care or control of any dwelling unit, manufactured home, rooming house, or sleeping unit within the city.

SLEEPING ROOMS. A room or enclosed floor space in a rooming house or dwelling unit, as defined herein, used or intended to be used primarily for sleeping purposes.

RENTAL PROPERTY. A dwelling unit offered for rent or occupied by a person or persons in the status of tenant, but does not include motels. This term shall not include property in which the dwelling unit or manufactured home is owned by the occupant, but the land or lot is rented or leased.

ROOMING HOUSE. A building or structure providing a room or rooms intended for living and sleeping for persons in the status of tenant in which the toilet and kitchen facilities are shared, and the common or shared areas of the structure are actively maintained by the operator. This term shall include boarding houses, day cares, lodging houses, bed and breakfasts, fraternity and sorority houses, but does not include hotels, motels, or hospitals.

TENANT. One who has as his or her place of abode a dwelling unit, manufactured home, rooming house, or sleeping room furnished to him or her for payment of a rental charge to another.

(Ord. passed 4-6-2016)

§ 153.04 REQUIREMENT.

For rental property to qualify for a rental license, these conditions must be met.

(A) Outdoors.

(1) The lawn of the rental facility must be graded and drained in a way that it stays free of standing water.

(2) The lawn shall have a yard cover of perennial turf grass, free of noxious weeds.

(3) Lawn grass shall be kept at a length of six inches or less.

(4) All fencing on the premises shall be kept in good repair.

(5) All accessory buildings must be structurally safe and in good repair.

(6) All accessory buildings must be water tight.

(7) No litter, construction waste or miscellaneous debris on yards.

(8) House numbers must be visible from public right of way.

(B) Rental property exterior.

(1) The roof of the structure shall be structurally sound and water-tight.

(2) The foundation shall be structurally sound, water-proof, and rodent resistant.

(3) The exterior walls of the structure shall be structurally sound, water-tight, and rodent resistant. All chimneys shall be structurally sound.

(4) Porch, decks and steps require guardrails if over 30 inches at or above grade and be in good repair.

(5) Graspable handrails required on stairs/steps with four or more steps/risers.

(6) All exterior doors shall have safe, functioning locks.

(7) Screens, storm doors, and storm windows shall be safe and in good repair. Windows must be easily operable (open and close) and to remain open without the use of a prop.

(8) Locks on windows required within 0 to 24 feet above grade.

(9) Garage doors must meet current safety guidelines.

(10) Exit and entrance doors must having operable dead bolts.

(11) Wood surfaces must be weather protected.

(12) Gutters and downspouts must be free of debris.

(13) Repairs must match existing finishes.

(1) Bathroom facilities and fixtures shall be kept in a clean, sanitary condition, and in working order.

(2) A functioning bathtub or shower shall be provided.

(3) At least one bathroom with a functioning flush-type toilet must be provided.

(4) A functioning lavatory sink shall be provided.

(5) Kitchen facilities must be provided, including a working sink and water supply.

(6) No dripping faucets.

(7) GFCI outlets must meet the state electric code.

(8) Flooring must be in good repair.

(9) No dwelling shall foster a situation where rodent or pest infestation is a problem or a potential problem. Examples of this may include, but are not limited to: actual evidence of pests; storage of material that might provide a habitat for pests; and unsafe storage of items that might become food for pests.

(D) Interior in general.

(1) The dwelling must have safe and functioning heating facilities in all habitable rooms and bathrooms. A temporary heating device shall not be used as a primary heating source.

(2) The dwelling must have an appropriate heated water system.

(3) Water heater must be in good repair.

(4) All stairways must be structurally safe.

(5) Graspable handrails required on stairs/steps with four or more steps/risers.

(6) A safe and adequate smoke detector(s) must be provided at each building level.

(7) If fire alarm system is installed it must be in working order or tagged out of service and inspected as required.

(8) All buildings must have a fire extinguisher

(9) The dwelling must have at least one room of not less than 120 square feet of floor area. A combination of rooms connected by an opening(s) of at least five feet may be counted as a room. An example would be when a living room and a dining room are connected by an archway.

(10) All other habitable rooms, except the kitchen or efficiency apartments, shall not have less than 70 square feet of floor area.

(11) No rental unit may be over-occupied by more persons than health and safety may allow, where more than two persons would have to occupy any bedroom, that room must allow for an extra 40 square feet of space per occupant in excess of the two initial occupants. The minimum size of a bedroom shall be 70 square feet. An archway going to closet space shall not be construed as a sleeping room.

(12) Each space designated as a habitable room by the owner shall contain at least one usable window as a means of ventilation or shall have an effective alternative means of room ventilation.

(13) Each habitable room shall contain at least two conventional electrical outlets.

(14) Flooring must be in good repair.

(15) All electrical work must meet or exceed state electrical code.

(16) All electrical panel box components are in place.

(17) Electrical panel must be properly grounded.

(18) The dwelling must be designated “fit for human habitation.”

(19) Combustible venting must be in good repair and installed properly.

(20) All waste pipes must have proper venting.

(21) All beams, columns and subfloor shall be structurally sound.

(22) All dryers must be vented outside with proper metal pipe.

(23) All gas appliances require a single handle shut off valve.

(24) Sump pump must drain directly outside.

(E) Multi-unit dwellings (if applicable). If a building contains two or more dwelling units, it falls under this division (E).

(1) All shared or public areas of such dwellings must be kept in a clean and sanitary condition.

(2) The owner must provide separation of utility billings; for water, electric, gas, sewer, and cable television if not included in rental unit charge.

(3) The owner must provide for yard care and maintenance and the removal of ice and snow.

(4) The owner must provide for effective lighting of all exterior parking lots and walkways.

(5) The owner must provide and maintain parking areas and driveways in good condition. The owner must maintain the yard(s) of the dwelling in good condition.

(F) Garbage collection. The owner of every rental property must provide garbage collection and recycling services for all occupants or require in a written lease that occupants obtain garbage collection and recycling services in accordance with Ch. 52.

(Ord. passed 4-6-2016; Ord. 2019-1, passed 1-2-2019; Ord 2020-005, passed 8-5-2020) Penalty, see § 10.99

§ 153.05 FIRE CODE.

All rental dwellings shall be subject to the State Fire Code, M.R. Ch. 7511.

(Ord. passed 4-6-2016)

§ 153.06 LICENSE REQUIRED.

(A) No person shall occupy, allow to be occupied, or let to another for occupancy any rental property in the city for which a license has not been properly issued by the Compliance Officer. No rental property shall be issued a license by the city unless it complies with the ordinances of the city and the statutes of the state, which pertain to such properties. A rental dwelling unit solely occupied by the owner is exempt from this requirement.

(B) The rental of a lot, where the occupant owns the manufactured home, is not subject to this chapter.

(1) License fee. The City Council may establish a licensing fee schedule for each dwelling unit or sleeping room in each rental property. The schedule may include a separate fee for licenses, inspections, and delinquencies. Said license fees shall be payable at the time of application for licensing or renewal of a license and shall be a prerequisite to the issuance of the required license. Once issued, a licensee shall not be entitled to a refund on any license fee upon suspension or revocation.

(a) Rental property which is licensed as a “curing home” (nursing home) or a “boarding establishment” by the State Department of Health pursuant to M.S. Ch. 157, as it shall be amended from time to time, shall be exempt from the registration fee required under this section. This exception shall not apply if no services are provided to the tenants, or the services are incidental to, or independent of, the landlord/tenant relationship.

(b) If the license fee required hereunder is paid after expiration date of current license, penalties shall be imposed as established by the licensing fee schedule.

(c) All licenses shall expire on July 31, on the second calendar year after the license was issued, regardless of the date of issuance. The application for any renewal of a license in which an inspection is required shall be filed at least 60 days prior to expiration. For cause, the Compliance Officer may waive the application deadline for an applicant.

(d) If an applicant for a license renewal is delinquent or applies for renewal less than 30 days before a license expires, the license fee is doubled due to the increased administrative costs and enforcement costs.

(2) Manner of application. The license application shall be made by the owner, if such owner is a natural person; if the owner is a corporation, cooperative, or limited liability company, by an officer thereof; if a partnership, by one of the partners; and if an unincorporated association, by the manager or managing officer thereof, on the appropriate form available from the Compliance Officer.

(3) License application.

(a) Name, residence address, and phone number of the owner of any rental property, or property manager authorized by the owner to accept service of process and to receive and give receipt for notices. In cases where the owner of any rental property lives outside the city, the license application shall be made by an agent who shall be legally responsible for compliance with this and other city ordinances. Such agent shall live within the state;

(b) Name, address, and phone number of any agent actively managing the rental property;

(d) Tax parcel number of the rental property or manufactured home park in which the rental property is located;

(e) Number and description of units within the rental property (dwelling units, manufactured homes, or sleeping rooms), including square footage of each room in unit;

(f) Name, address, and phone number of the person authorized to make or order repairs and/or service to the rental property, to provide required services necessary to protect the health, safety, and welfare of the occupants, or are able to contact the person so authorized; and

(g) Maximum number of people permitted per dwelling unit, manufactured home, rooming house, or sleeping room pursuant to § 153.04(D)(7).

(4) Inspection.

(a) All rental units will be subject to a biennial inspection conducted by the Compliance Officer, or his or her authorized representative, prior to issuance of the license. The Compliance Officer may grant a license contingent on an inspection being completed within 30 days, if all other requirements, including payment of the license fees, are met. After 30 days, the license shall expire unless the Compliance Officer has certified the required inspection. All inspections shall be completed on or before July 31 of the year required. The owner of the rental property, or their authorized agent, who is not the tenant, shall be present at the inspection to ensure compliance with city ordinances and state statutes. It is the owner of the rental property’s responsibility to notify tenants of planned inspections. The owner or authorized agent shall sign and acknowledge any violation(s) that require remedy. The owner of the rental property shall remedy any violation(s) before any rental license is issued or renewed.

(b) Failure to comply with the inspection process by the owner of the rental property will result in suspension or revocation of license, in addition to other remedies and/or penalties provided by city ordinance and state statute. Any such suspension or revocation shall continue until the inspection process is complete, any violations are remedied to the satisfaction of the inspector, and any outstanding fees and penalties have been paid.

(c) The inspection must be conducted in a manner that demonstrates that the heating system is in operation and fully functioning.

(d) Compliance Officer, after inspection, shall determine timeline for fixing violations and meeting city rental code.

(5) License before occupancy. All rental property required to be licensed pursuant to the provisions of this chapter shall be licensed prior to occupancy or the letting to another for occupancy, and thereafter all licenses of such rental property shall be renewed pursuant to division (B)(1)(c) above.

(6) Transfers. Every new owner of a rental property (whether as fee owner, contract purchaser, or otherwise entitled to possession) shall apply for and obtain a license under this chapter before taking possession.

(7) Certification of taxes paid. Prior to approving an application for any city rental license, the applicant shall provide certification to the city that there are no delinquent property taxes, special assessments, unpaid utility charges certified for payment as taxes, interest, or city utility fees due upon the property to be licensed.

(Ord. passed 4-6-2016; Ord. 2019-05, passed 6-5-2019; Ord. 2024-04, passed 4-3-2024) Penalty, see § 10.99

§ 153.07 DISPLAY OF LICENSE.

Every licensee of a rental property shall conspicuously display at all times on the premises a copy of the current license. This license shall be located on the premises so as to be easily viewed and readable by the occupants of the rental property at or near the front entrance of the building for which it was issued and shall be reasonably protected from wear by a plastic cover or similar protective device.

(Ord. passed 4-6-2016)

§ 153.08 INSPECTION; RIGHT OF ENTRY.

In order to ensure compliance with this chapter’s requirements, or upon receiving a written, signed complaint, the Compliance Officer shall have the authority to enter any building or manufactured home park at reasonable times upon notice to the landlord and tenant, to determine if the building or manufactured home park is operated as a “rental property” as defined in this chapter or to enforce the Uniform Housing Code, or both.

(A) When scheduling licensing inspections pursuant to this section, the city compliance officer or his or her agents will seek the consent of the owner of the property (if not already received) to inspect those areas outside of rental dwelling units that are not accessible to the general public, such as storage or mechanical rooms) and to unrented dwelling units, and the consent of the primary tenant of the rental dwelling unit (if not already received) to inspect that unit, if the property owner demonstrates to the satisfaction of the city compliance officer or his or her agents that one or more tenants have consented in writing to the inspection of their units, individual contacts by the city with those tenants may be deemed unnecessary.

(B) If the city is unsuccessful in securing consent for an inspection pursuant to this section, the city shall seek permission, from a judicial officer through an administrative warrant, for its enforcement officer or his or her agents to conduct an inspection. Nothing in this chapter shall limit or constrain the authority of the judicial officer to condition or limit the scope of the administrative warrant.

(C) The scope of a licensing inspection shall be limited to what is necessary to determine in accordance with this division (C) whether the unit and its premises conform to this chapter. This shall not preclude the enforcement officer from relying upon observations from a licensing inspection in seeking one or more of the remedies provided in §§ 153.17 and 10.99.

(D) 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, may, at their option, request that licensing inspections above take place only when they are present, so long as the request identifies at least one date or time within the two weeks following the date of the request when the requesting party agrees to be present.

(E) During inspections conducted pursuant to an administrative warrant, photographs and video recordings may not be taken of areas inside the building, absent further court permission or consent of the tenant (for areas inside the unit) or the landlord (for areas inside the building but outside a tenant’s unit, and areas inside an unoccupied unit).

(F) Inspectors are not authorized to open containers, drawers, or medicine cabinets, unless the containers, drawers, or medicine cabinets are opened with the consent of the tenant (for areas inside the unit) or the landlord (for areas inside the building but outside a tenant’s unit, and areas inside an unoccupied unit). For purposes of this division (F), a MEDICINE CABINET is a covered cabinet located above a sink in a dwelling unit’s bathroom.

(G) Inspectors are authorized to open cabinets (other than medicine cabinets) or closets only when because of their location, those closets or cabinets, when unopened, appear to contain one or more water or waste water pipes, or fuses, or exposed electrical wiring, and it is reasonably necessary in order to inspect for the existence of one or more conditions that violates this chapter, or when the cabinets or closets are opened with the consent of the tenant (for areas inside the unit) or the landlord (for areas inside the building but outside a tenant’s unit, and areas inside an unoccupied unit).

(H) The information regarding the condition of the unit or its occupants that inspectors retain after recording it in any inspection logs or forms shall be limited to descriptions of conditions constituting a violation of this chapter. Inspectors may record a list of conditions that the landlord or tenant is encouraged to repair or change but which do not constitute a violation of this chapter, if that list is not retained by the inspector or city but is instead simply given to the landlord or tenant.

(Ord. passed 4-6-2016)

§ 153.09 HEALTH DEPARTMENT INSPECTION.

The Meeker and/or Stearns County Health Department and/or the City Compliance Officer shall have the right to inspect any dwelling, whether rental or owner-occupied, to enforce sanitation requirements.

(Ord. passed 4-6-2016)

§ 153.10 HOUSING ADVISORY AND APPEALS BOARD.

The City Council shall serve as Housing Advisory and Appeals Board (“Housing Board”). The Housing Board shall hear appeals arising from a correction order from the Compliance Officer and affirm, modify, or reverse, in whole or in part, such order.

(Ord. passed 4-6-2016)

§ 153.11 APPEALS PROCESS.

When it is alleged by any person to whom a correction order is directed that such order is based upon erroneous interpretation of the applicable rules, standards, statutes, or ordinance or mistake in fact, such person may appeal the correction order to the Housing Board. Such appeal must be in writing, must specify the grounds for the appeal, must be accompanied by any filing fee established by the city, and must be filed within 20 business days after the date of the correction order. Upon receipt of the written appeal, the city shall set a date for a hearing and give the appellant at least five days prior written notice of the date, time, and place of the hearing. By mutual agreement between the appellant and the city, the five-day notice may be waived. The Housing Board shall hear and consider the matter within 30 days from the filing of an appeal. The filing of an appeal shall stay all proceedings in furtherance of the action appealed from unless the Compliance Officer certifies that such a stay would cause imminent peril to life, health, or property. The Housing Board shall issue its decision to the appellant in writing within 30 days after the hearing. If the correction order is reversed, the applicable filing fee will be returned to the appellant.

(Ord. passed 4-6-2016)

§ 153.12 EXCESSIVE LAW ENFORCEMENT CALLS.

(A) Purpose. It is the intent of the City Council to collect from the owner of a property, the city’s costs for excessive law enforcement services when those excess costs are spent to abate a nuisance on the property. The collection of the costs for such excess law enforcement services shall be by assessment against the property on which the nuisance, or activity constituting the nuisance, occurs.

(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

EXCESSIVE LAW ENFORCEMENT AND NUISANCE ENFORCEMENT SERVICES. Those services provided at a specific property address after three or more verified incidents of separate nuisance events had occurred in a prior year time period, where the owner was notified in writing that subsequent nuisance incidents would result in a fee being charged for excessive consumption of those services, and where the owner had been provided with 30 days following notice of nuisance incidents to abate the nuisance.

NUISANCE. One or more of the following behavioral incidents occurring or committed within a building:

(1) Prostitution or prostitution-related activity committed within the building;

(2) Gambling or gambling-related activity committed within the building;

(3) Maintaining a public nuisance in violation of M.S. § 609.74(1) or (3), as it may be amended from time to time;

(4) Permitting a public nuisance in violation of M.S. § 609.745, as it may be amended from time to time;

(5) Unlawful sale, possession, storage, delivery, giving, manufacture, cultivation, or use of controlled substances committed within the building;

(6) Unlicensed sales of alcoholic beverages committed within the building in violation of M.S. § 340A.401, as it may be amended from time to time;

(7) Unlawful sales or gifts of alcoholic beverages by an unlicensed person committed within the building in violation of M.S. § 340A.503, subd. 2(1), as it may be amended from time to time or unlawful consumption or possession within the building by persons under the age of 21 years in violation of M.S. § 340A.503, subd. 1 and 3, as it may be amended from time to time;

(8) Unlawful use or possession of a firearm in violation of M.S. §§ 609.66, subd. 1a, 609.67 or 624.713, as they may be amended from time to time committed within the building;

(9) Violation by a commercial enterprise of local or state business licensing regulations, ordinances, or statutes prohibiting the maintenance of a public nuisance as defined in M.S. § 609.74, as it may be amended from time to time or the control of a public nuisance as defined in M.S. § 609.745, as it may be amended from time to time;

(10) Actions which constitute a violation of M.S. § 609.72, as it may be amended from time to time relating to disorderly conduct; or

(11) Actions which constitute a public nuisance under local, state, or federal laws.

(1) If the Police Chief or his or her designee has reason to believe that a nuisance has occurred, or is maintained or permitted in a building, or on a property, and intends to seek reimbursement for law enforcement services rendered in the future in connection with such nuisance or activities creating a nuisance, he or she shall provide a written notice as required in this section to the owner and each interested party known to him or her.

(2) The written notice shall:

(a) State that a nuisance as defined in this chapter has occurred, or is maintained or permitted in the building, and specify the kind or kinds of nuisance which has occurred, or is being maintained or permitted;

(b) Summarize the evidence that a nuisance has occurred, or is maintained or permitted in the building, including the date or dates on which nuisance-related activities have occurred or were maintained or permitted, provided, however, that one or more Sheriff’s reports can be used to satisfy this requirement; and

(c) Inform the recipient of the notice that he or she has 30 days to abate the conduct constituting the nuisance, and to take steps to make sure that actions constituting a nuisance will not re-occur, if, after 30 days from the date of service of the notice, the nuisance re-occurs, or actions or conduct constituting a nuisance take place, the city may in its discretion impose the costs of law enforcement services in abating or attempting to abate such nuisance or nuisance-related activities, and the costs will be collected by assessment against the building as defined.

(D) Service of notice. The written notice shall be served by personal service, or by first class mail on the owner and all interested parties known to the Chief of Police or his or her designee, at the last known address for each such person or persons.

(E) Liability for costs. If, within the period commencing 31 days after a written notice is served pursuant to this chapter and continuing for one year thereafter, a nuisance occurs or is maintained or permitted in the building, and law enforcement services are rendered to abate or attempt to abate such nuisance, the costs of providing such law enforcement services within the said one year shall be assessed against the building and collected as provided in this section. The costs for providing excess law enforcement services shall include but not be limited to $100 for the first incident, $200 for the second incident and $300 for each excessive use of services incident thereafter, the prorata cost of all equipment and property damaged in responding to such nuisance or nuisance-related activities, and the cost of any medical treatment of injured law enforcement officers.

(F) Assessment of costs. The Police Department shall maintain a record of each law enforcement visit in response to nuisance activities. The cost of providing such services includes, but is not limited to, the prorata cost of all materials and equipment including vehicles, the cost of repairs to any city equipment and property damaged in responding to such nuisance activities, and the cost of any medical treatment of any injured law enforcement officers. These costs shall be recalculated from time to time. In addition to maintaining a record of each law enforcement visit, the Department shall maintain a record on individual properties of law enforcement services attributable to nuisances occurring after written notice has been sent to the owner and interested persons. The Police Chief shall report such information to the City Clerk or his or her designee. The cost may be assessed in accordance with the procedure provided in M.S. § 429.101, as it may be amended from time to time.

(G) Appeal. Within 20 days after adoption of the resolution adopting the service charges, any person aggrieved may appeal to the District Court.

(H) Statutory compliance. This section is intended to comply with M.S. § 504B.205, as it may be amended from time to time; nothing in this section is intended impair a residential tenant’s right to seek the assistance of law enforcement or emergency assistance.

(Ord. passed 4-6-2016; Ord. 2018-2, passed 1-10-2018)

§ 153.13 CRIMINAL BACKGROUND CHECKS.

(A) Purpose. The City Council has determined that there are persons residing in rental property in the city engaging in disorderly conduct which results in a hostile environment for other citizens of the city living near or close to the rental property. It is the declared purpose and intent of this section to protect and preserve the city’s neighborhoods and the public health, safety, and welfare of its citizens by providing a system at the local level for criminal history/background investigation of prospective tenants.

(B) Background investigations. Each operator is strongly encouraged to conduct criminal history/background investigations on prospective tenants in rental property though the Minnesota Bureau of Criminal Apprehension.

(Ord. passed 4-6-2016)

§ 153.14 LANDLORD LIABILITY.

The owner of a rental unit, manufactured home park, rooming house, or sleeping room shall be responsible to cause persons occupying the rental unit to conduct themselves in such a manner as to not cause the premises to be in violation of the prohibition against noise as set forth in the noise ordinance (see § 92.04(K)), nor to allow to exist on the premises a public nuisance.

(Ord. passed 4-6-2016)

§ 153.15 APPLICABLE LAWS.

Licensees shall be subject to all of the ordinances of the city and the applicable state and federal laws relating to dwellings. In the event this chapter conflicts with any other applicable ordinance or law, the more restrictive shall apply.

(Ord. passed 4-6-2016)

§ 153.16 ENFORCEMENT.

Enforcement of this chapter is accomplished by the Compliance Officer who is authorized to conduct inspections, issue licenses, investigate complaints, and seek penalties of property owner(s) found to be in violation.

(Ord. passed 4-6-2016)

§ 153.17 REVOCATIONS AND DECLARATIONS.

(A) Revocations.

(1) Every license issued under this chapter is subject to revocation.

(2) Any license may be revoked at any time during the life of said license for grounds including, but not limited to, the following:

(a) False or misleading information given or provided in connection with the license application or renewal;

(b) Failure to pay any fee herein provided for;

(d) Violations committed or permitted by the licensed owner and/or the owner’s designated agent, of any rules, codes, statutes, and ordinances relating to, pertaining to, or governing the license and the premises; and

(e) 1. Delinquent property taxes, special assessments, and/or city utility charges if the city revokes a license, it shall be unlawful for the owner or the duly authorized agent to thereafter permit any new occupancy of vacant or thereafter vacated rental units until the license is restored.

2. Current tenants will be allowed to remain until the end of their lease or one year, whichever is less.

3. In the case of revocation, restoration of the license shall occur only after the premises’ owner has applied for a new license, paid a new application fee and complied with all sections of this or any applicable city ordinance.

(B) Appeal process. When an owner or tenant believes that an alleged violation is based upon erroneous interpretation of the applicable rules, standards, statutes or ordinance or mistake in fact, such person may appeal the correction order to the City Council. Such appeal must be in writing, must specify the grounds for the appeal, must be accompanied by any filing fee set by Council resolution, and must be filed within 20 business days after service of the correction order. Upon receipt of the written appeal, the city shall set a date for a hearing and give the appellant at least five days prior written notice of the date, time and place of the hearing. The Council shall hear and consider the matter within 30 days, 20 days from the filing of an appeal. The filing of an appeal shall stay all proceedings in furtherance of the action appealed from unless the enforcement officer certifies that such a stay would cause imminent peril to life, health, or property. The Council shall issue its decision to the appellant in writing within 30 days after the hearing.

(C) Hazardous building declaration. If a dwelling is unfit for human habitation and the owner has not remedied the defects within a prescribed reasonable time, the dwelling may be declared a hazardous building and treated consistent with state law.

(Ord. passed 4-6-2016; Am. Ord. 2019-05, passed 6-5-2019) Penalty, see § 10.99

§ 153.18 RENTAL CODE.

This chapter shall be known as the “City of Eden Valley Rental Code”.

(Ord. passed 4-6-2016)

§ 153.19 EFFECTIVE DATE.

This chapter shall be effective immediately upon its passage and publication, except existing rental properties (those operating as such on the effective date) will be required to apply for a rental license by August 1, 2016 and obtain a license by February 1, 2017.