[HISTORY: Adopted by the City of Isanti 5-6-2008 by Ord. No. 434. Amendments noted where applicable.]
It is the purpose of this chapter to protect the public health, safety and welfare of citizens of the City that have as their place of abode a living unit furnished to them for the payment of a rental fee to another. It is the intent of this chapter that uniform standards be established and applicable for all rental dwellings in the City.
The following words and terms used in this chapter are construed and defined as follows:
DWELLING OR LIVING UNIT
A single unit providing complete independent living facilities for one or more persons including permanent provisions for living, eating, cooking, and sanitation.
[Amended 7-20-2021 by Ord. No. 763]
OPERATE
To charge a rental fee for the use of a living unit in a rental dwelling.
RENTAL DWELLING
Any building with living unit(s) for hire. "Rental dwelling" does not mean on-campus dormitories, hospital units, nursing home units, assisted living units, and hotels or motels with daily rental units, located within the City, all of which shall be specifically exempt from registration and license under this chapter.
[Amended 2-20-2024 by Ord. No. 804]
No person, firm, corporation or other entity shall allow to be occupied or let to another a living unit in a rental dwelling for which a license has not been granted by the City. The license shall be issued biennially and shall expire on June 1, the second year after issuance. License renewals shall be filed at least 60 days prior to license expiration.[1]
[1]
Editor's Note: Former § 253-4, Residency requirements for owners, which followed this section, was repealed 11-4-2020 by Ord. No. 739, which ordinance also provided for the redesignation of former §§ 253-5 through 253-19 as §§ 253-4 through 253-18, respectively.
A. 
Applications for rental dwelling licenses shall be made in writing to the City by the owner of the dwelling units or his/her legally designated agent. Before any rental dwelling license shall be issued or renewed, the owner shall complete an application. The following persons shall be authorized to sign and submit the application:
(1) 
If the owner is a natural person, the owner thereof.
(2) 
If the owner is a corporation, an authorized officer or agent thereof.
(3) 
If the owner if a partnership, by a general partner thereof.
B. 
The registration statement shall be made on forms prescribed by the City and shall include:
(1) 
The name, address and phone number of the owner of the rental dwellings.
(2) 
The name, address and phone number of any operator or agent actively managing the rental dwelling. If off site, provide further data as to who it is.
(3) 
If the operator or agent is a business entity, the names, telephone numbers, and addresses of individuals who will be involved in such management, together with a description of the scope of services and manner of delivering these services by the manager.
(4) 
If the registrant is a partnership, the name, address and phone number of all partners.
(5) 
If the registrant is a corporation, the name, address and phone number of all officers.
(6) 
If the rental dwelling is being sold on a contract for deed, the name and address for the vendees.
(7) 
The legal address of the rental dwelling.
(8) 
The number of units within the rental dwelling.
C. 
Notification by the rental operator shall be given to the City within five business days with any change of information as required and stated in the initial application.
A. 
License fees.
(1) 
Fees established; due date. License fees as set by the adoption of a fee schedule by the City Council shall be due 60 days prior to the license expiration date. (In the case of a new unlicensed rental dwelling, the license fee shall be due upon issuance of the certificate of occupancy prior to becoming a rental unit). In the case of licensing periods of less than two years, license fees shall be at the full rate as shown on the City’s fee schedule. A license fee shall be collected for each unit in a rental dwelling, except owner-occupied units, which shall be exempt from inspection.
[Amended 8-18-2009 by Ord. No. 462]
(2) 
Filing due date and penalty. License renewal letters shall be sent to license holders 90 days before the expiration date of the license. An applicant shall have 30 days from the date stated in the letter to submit a completed application. A completed application includes all fees and relevant items. If the completed application is received in a time period after the thirty-day window, in the time period of 60 to 30 days before the expiration date of the license, the fee shall be 125% of the original fee charged for license renewal. If the completed application is received with less than 30 days before the expiration date of the license, the fee shall be 150% of the license renewal fee. If the application fee is received after the expiration date of the license, the fee shall be 200% of the license fee. Failure to maintain the license on a current basis shall constitute a violation of this chapter.
[Amended 11-4-2020 by Ord. No. 739]
B. 
Reinspection fee. A fee as set by the City Council shall be charged for all reinspection necessary after the first reinspection prior to the receipt of a license. The reinspection fee(s) will be payable at the time of license renewal for the property.
A. 
Compliance with chapter. The City shall issue a rental dwelling license if the building and the application are found to be in compliance with the provisions of this chapter.
B. 
Conformance to laws. No rental dwelling license shall be issued or renewed unless the rental dwelling and its premises conform to the ordinances of the City and the laws of the State of Minnesota.
C. 
The Council, in its discretion, may have the right to refuse to issue or renew a license for any premises on which taxes, assessments or other financial claims of the City are delinquent or unpaid. Delinquent or unpaid taxes, assessments or other financial claims of the City on the premises for which the license has been issued may be grounds for the revocation of a rental license.
[Added 3-17-2009 by Ord. No. 456]
A. 
No rental dwelling license shall be issued or renewed unless the owner of the rental units agrees in his/her application to permit inspections pursuant to this section.
B. 
Every housing dwelling unit shall maintain the standards as stated in Chapter 256, Residential and Nonresidential Property Maintenance Standards.
C. 
The Building Official/Inspector, Fire Marshal and/or their designated representatives are hereby authorized to enter the property and premises to conduct inspections reasonably necessary to the enforcement of this chapter.
D. 
Persons inspecting any rental dwelling as provided herein shall notify the license holder and/or applicant of all violations, if any, by issuing a written compliance order. Said compliance order shall direct that compliance on housing maintenance code violations be made in no more than seven days, unless extended by the Building Official/Inspector and/or Fire Marshal based on good cause.
[Amended 7-20-2021 by Ord. No. 763]
E. 
All units shall have the appropriate smoke and carbon monoxide detectors as required in the Minnesota State Building Code.
[Amended 7-1-2008 by Ord. No. 438]
No rental dwelling license shall be transferable to another person or to another rental dwelling. Every person holding a rental dwelling license shall give notice in writing to the City within five business days after having legally transferred or otherwise disposed of the legal control of any licensed rental dwelling. Such notice shall include the name and address of the person succeeding to the ownership or control of such dwelling or dwellings.
A. 
Disorderly premises. It shall be the responsibility of the licensee to see that persons occupying the living units conduct themselves in a manner as not to cause the premises to be disorderly. For the purpose of this section, a licensed property shall be deemed disorderly upon the repeated occurrence within any twelve-month period of any one or more of any of the following activities:
(1) 
Any violation of federal, state, or local statutes regarding controlled substances.
(2) 
Prostitution or prostitution-related activity.
(3) 
Illegal gambling or gambling-related activity.
(4) 
Illegal sales or consumption of any controlled substance, including but not limited to drugs or alcohol.
(5) 
Actions which constitute a violation of any Minnesota Statutes relating to disorderly conduct.
(6) 
Events which disturb the peace and tranquility of the neighborhood.
(7) 
Congregating in a tumultuous, noisy or rowdy crowd.
(8) 
Loud music constituting a nuisance or disturbing the peace.
(9) 
Activities causing excessive pedestrian, bicycle or vehicular traffic and/or parking problems and congestion.
(10) 
Indecent exposure or lewd conduct.
(11) 
Maintaining or permitting a public nuisance[1] in violation of any Minnesota Statutes.
[1]
Editor's Note: See also Ch. 216, Nuisances, of this Code.
(12) 
Any firearms or weapons activities in violation of any Minnesota Statutes.
(13) 
Any underage tobacco use or possession in violation of Minnesota Statutes.
(14) 
Any other actions which constitute a pubic nuisance under federal, state, or local laws or ordinances.
B. 
Enforcement authority. The City Administrator and his/her designee shall be responsible for enforcement and administration of this chapter. Authority to take any action authorized by this chapter may be delegated to the City Administrator's designee.
C. 
Other rules. Other rules and regulations as stipulated in Minn. Stat. Ch. 504B, as may be amended, also apply to this chapter.
D. 
Notice of violation.
(1) 
Upon determination by the City that a dwelling unit was used in a disorderly manner, as described in this section, the City shall give notice to the licensee of the violation and direct the licensee to take steps to prevent further violations. The disorderly manner shall be as defined in this section.
(2) 
Steps for notice:
(a) 
There shall be verification of the occurrence of conduct prohibited by this chapter.
(b) 
Letter is sent via certified mail to the applicant for the rental dwelling license and the rental maintenance company notifying them of the violation and ordering remediation. The notice shall be sent within one month of the occurrence of the most recent violation noted therein.
[Amended 7-20-2021 by Ord. No. 763]
E. 
Second instance.
(1) 
If a second instance of disorderly use of the dwelling unit occurs within three months of an incident for which a notice was given as specified in Subsection D of this section, the City shall notify 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 dwelling unit.
(2) 
This written report shall be submitted to the City within five days of receipt of the notice/report of disorderly use of the living unit and shall detail all actions taken by the licensee in response to all notices of disorderly use of the dwelling unit within the preceding three months.
F. 
Third instance. If a third instance of disorderly use of the dwelling unit occurs within three months after any two previous instances of disorderly use for which notices were given to the licensee pursuant to Subsections D and E of this section, the rental dwelling license for the rental dwelling may be denied, revoked, suspended or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City which shall give to the licensee written notice of a hearing before the City Council to consider such denial, revocation, suspension or nonrenewal. Such written notice shall specify all violations of this section and shall state the date, time, place and purpose of the hearing. The hearing shall be held no less than 10 days and no more than 30 days after giving such notice.
G. 
Action of the City Council. Following the hearing, the City Council may deny, revoke, suspend or decline to renew the license for all or any part or parts of the rental dwelling or may grant a provisional license upon such terms and conditions as it deems necessary to accomplish the purposes of this section.
H. 
Eviction proceedings. No adverse license action shall be imposed where the instance of disorderly use of the living unit occurs during the pendency of eviction proceedings (unlawful detainer) or within 30 days of notice given by the licensee to a tenant to vacate the premises where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's dwelling unit. Eviction proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued by the licensees. Further, any action to deny, revoke, suspend, or not renew a license based upon violations of this section may be postponed or discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent further instances of disorderly use.
I. 
Evidence of disorderly manner. A determination that the rental dwelling unit has been used in a disorderly manner as described in this section shall be made upon substantial evidence to support such determination. It shall not be necessary that criminal charges be brought in order to support a determination of disorderly use, nor shall the fact of dismissal or acquittal of such criminal charge operate as a bar to adverse license action under this section.
J. 
Serving notice. All notices given by the City under this section shall be personally served on the licensee, sent by certified mail to licensee's last known address or, if neither method of service effects notice, by posting on a conspicuous place on the licensed rental dwelling.
K. 
Council action not exclusive. Enforcement actions provided in this section shall not be exclusive, and the City Council may take any action with respect to a licensee, a tenant, or the licensed rental dwelling as is authorized by this chapter or state law.
Each rental dwelling shall be maintained by its owner, occupant, operator or agent so that the yards, open spaces and parking facilities are kept in compliance with all applicable laws and ordinances. In addition, snow plowing or snow shoveling shall be regularly accomplished to maintain all sidewalks and parking areas in a safe condition.
[Amended 7-20-2021 by Ord. No. 763]
An owner, operator or agent of a rental dwelling shall be responsible for compliance with the applicable provisions of the State Fire Code, including the keeping of all fire lanes open for emergency purposes.
A. 
Reason for action. The Council may revoke, suspend, deny or decline to renew any license issued under this chapter upon any of the following grounds:
(1) 
False statements on any application or other information or report required by this chapter to be given by the applicant or licensee.
(2) 
Failure to pay any application, penalty, reinspection, or reinstatement fee or any penalty required by this chapter.
[Amended 7-20-2021 by Ord. No. 763]
(3) 
Failure to correct deficiencies noted in notices of violation in the time specified in the notice.
(4) 
Failure to comply with the provision of an approved mitigation plan in the case of provisional licenses.
(5) 
Any other violation of this chapter.
B. 
Applicable sections. Revocation, suspension, and nonrenewal may be brought under either this section or § 253-9 of this chapter.
C. 
Regular license. A regular license may be revoked, if at midterm, or not renewed, if at the end of a term, upon a finding that the premises are only eligible for a provisional license as provided in § 253-9 of this chapter.
D. 
Written notice. A decision to revoke, suspend, deny or not renew a license shall be preceded by a written notice to the applicant or licensee of the alleged grounds therefor and the applicant or licensee will be given the opportunity for a hearing before the City Council before final action to revoke, suspend, deny, or not renew a license.
E. 
Action of City Council. The City Council shall 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 a decision to deny, not renew, suspend, or revoke a license only upon written findings. The City Council may suspend or revoke a license or not renew a license for part or all of the rental dwelling.
F. 
Reinstatement of license. Upon a decision to revoke, deny, or not renew a license, no new applicant for the same facility will be accepted for a period of time specified in a written decision of the City Council, not exceeding one year. Such new applications must be accompanied by a reinstatement fee, established by the City Council as set forth in Chapter 160, Fees, in addition to all other fees required by this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
G. 
No new rentals. A written decision to revoke, suspend, deny, or not renew a license or application shall specify the part or parts of the rental dwelling to which this applies. Thereafter, and until a license is reissued or reinstated, no living unit becoming vacant in such part or parts of the rental dwelling may be re-let or occupied. Revocation, suspension, or nonrenewal of a license shall not excuse the owner from compliance with all terms of this chapter for as long as any units in the rental dwelling are occupied.
H. 
Failure to comply. Failure to comply with this chapter is a misdemeanor.
No licensee shall evict, threaten to evict, or take any other punitive action against any tenant by reason of good-faith calls made by such tenant to law enforcement agencies related to criminal activity, suspected criminal activity, suspicious occurrences, or public concerns. This section shall not prohibit the eviction of tenants from a dwelling unit for unlawful conduct of a tenant or invitee or violation of any rules, regulations, or lease terms other than a prohibition against contacting law enforcement agencies.
When the conduct of any licensee or his/her agent, representative, employee or lessee or the condition of his/her dwelling 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 City shall have the authority to summarily condemn or close off such area of the rental dwelling.
Any person aggrieved by a decision of the City to cease business or revoke or suspend the license shall be entitled to appeal to the City Council immediately by filing a notice to appeal. The City shall schedule a date for hearing before the City Council and notify the aggrieved person of the date. The hearing shall be conducted in the same manner as if the aggrieved person had not received summary action. The decision of the City shall not be voided by the filing of such appeal. Only after the City Council has held its hearing will the decision of the City be affected.
Licensees shall be subject to all of the ordinances of the City and laws of the state related to rental dwellings. This chapter shall not be construed or interpreted to supersede or limit any other such applicable ordinance or law.
Rental applications, payment of fees and fine information may be obtained at City Hall offices during regular business hours.
[Amended 7-1-2008 by Ord. No. 438; 7-20-2021 by Ord. No. 763]
By December 31, 2008, all owners of residential property subject to the terms of this chapter shall be in full compliance with the terms of this chapter. All violations of this chapter occurring thereafter shall be punishable as a misdemeanor as provided by Chapter 1, Article I, of this Code of the City of Isanti.