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Home My WebLink About2334-07 - ADMIN Ordinance - City Council - 2007/07/16ORDINANCE NO. 2334-07 CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 8, ARTICLE II, THE CODE OF ORDINANCES, CITY OF ST. LOUIS PARK, MINNESOTA RELATING TO RENTAL HOUSING LICENSES, REQUIRING CRIME FREE/DRUG FREE AND DISORDERLY USE LEASE LANGUAGE THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. Cnme Free/Drug Free and Disorderly Use Lease Language Requirements. Chapter 8, Article II, Subdivision VIII of the Code of Ordinances relating to rental housing is amended in its entirety to read as follows: Sec. 8-326. License required. (a) The owner of a residential building or portion thereof operated as rental housing with one or more dwelling units must obtain a rental housing license. The license shall contain a statement that the tenant or tenants may contact the attorney general for information regarding the nghts and obligations of owners and tenants under state law. The statement shall include the telephone number and address of the attorney general. (b) The term "rental housing" means any occupied dwelling or dwelling unit that is not owner occupied. The term includes any dwelling or dwelling unit occupied by a relative of the owner (c) Exceptions. No license shall be required under the following circumstances: (1) A single family dwelling or single dwelling unit of a duplex occupied by the building owner for a minimum of six months per calendar year. (2) Rented rooms within an owner occupied dwelling unit. (3) Rented dwelling units that are part of a condominium or townhouse association. Sec. 8-327. Required Application Information. The owner must identify a designated property manager responsible for operation and maintenance of each licensed property. Contact information for the owner and property manager must be provided on the license application, and the owner must provide the city with any changes occurring within the license period. The owner may be the designated property manager. The owner must submit verification with the license application that the designated property manager has attended required training as specified in this section and that the Crime Free/Drug Free and Disorderly Use language required by this section is contained in the licensed property tenant lease or leases. Ordinance No. 2334-07 -2- Section 8-328. Crime Free/Drug Free Training. The owner or property manager must have attended an approved training program in The Minnesota Crime Free Multi -Housing Program before any rental license is issued. A Provisional License may be issued for six months to accommodate the training schedule. An owner whose only rental housing is a single family dwelling homesteaded by a relative is exempted from the training program. Sec. 8-329. Maintenance. The owner of rental housing must maintain all units, common space and exteriors of such buildings in compliance with the City Code and state and federal laws and regulations. The owner of such rental housing shall perform a periodic assessment of all portions of the building and correct any inadequacies to ensure the building is maintained in good repair. Sec. 8-330. City Inspections. (a) The owner of rental housing shall permit access by the City to perform a minimum of one inspection every two years of the common space and every dwelling unit. The City may perform or require additional inspections if deemed necessary by the City or by the request of a tenant. The owner shall notify the tenant or tenants of the time when the City inspection will be conducted and provide access to the units. (b) The owner's rental housing license may be suspended, revoked or denied renewal for failing to maintain the licensed building in compliance with the property maintenance code as set forth in chapter 6, article V of this Code or otherwise failing to comply with the requirements of the City Code or applicable state or federal law. Sec. 8-331. Crime Free/Drug Free and Disorderly Use Lease Requirements. (a) All tenant leases, except for state licensed residential facilities and subject to all preemptory state and federal laws, shall contain the following Crime Free/Drug Free and Disorderly Use language: (1) Crime Free/Drug Free. 1. Resident, any members of the resident's household or a guest or other person affiliated with resident shall not engage in cnminal activity, including drug-related criminal activity, on or near the premises. 2. Resident, any member of the resident's household or a guest or other person affiliated with resident shall not engage in any act intended to facilitate criminal activity, including drug-related criminal activity, on or near the premises. Ordinance No. 2334-07 -3- 3. Resident or members of the household will not permit the dwelling unit to be used for, or to facilitate criminal activity, including drug- related criminal activity, regardless of whether the individual engaging in such activity is a member of the household, or a guest. 4. Resident, any member of the resident's household or a guest, or other person affiliated with the resident shall not engage in the unlawful manufacturing, selling, using, storing, keeping, or giving of a controlled substance at any locations, whether on or near the premises or otherwise. 5. VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL AND IRREPARABLE VIOLATION OF THE LEASE AND GOOD CAUSE FOR IMMEDIATE TERMINATION OF TENANCY. (2) Disorderly Use. 1. Resident, members of the resident's household, guests, or other persons under the resident's control shall not engage in the following Disorderly Use activities: violations of state law relating to alcoholic beverages, trespassing or disorderly conduct; and violation of the St. Louis Park City Code relating to prohibited noise. 2. THREE DISORDERLY USE VIOLATIONS INVOLVING THE SAME TENANCY WITHIN A CONTINUOUS TWELVE MONTH PERIOD SHALL BE A SUBSTANTIAL AND MATERIAL VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERMINATION OF THE TENANCY. (3) Definitions. 1. The term "criminal activity" means prostitution, cnminal street gang activity, threatening, intimidating or assaultive behavior, the unlawful discharge of firearms, or any other criminal activity on or near the premises that jeopardizes the health, safety and welfare of the landlord, his agent, other resident, neighbor or other third party, or involving imminent or actual serious property damage. 2. The term "drug related criminal activity" means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use of a controlled substance or any substance represented to be drugs (as defined in Section 102 of the Controlled Substance Act [21 U.S.C. 802]). (4) Non -Exclusive Remedies. The Crime Free/Drug Free and Disorderly Use provisions are in addition to all other terms of the lease and do not limit or replace any other provisions. Ordinance No. 2334-07 -4- (b) These lease provisions shall be incorporated into every new lease for a tenancy beginning January 1, 2008 and all renewed leases by January 1, 2009. (c) Upon determination by the Police Department that a licensed premises or unit within a licensed premises was used in violation of the Crime Free/Drug Free provisions of Subsection (a) (1) herein, the Police Department shall cause notice to be made to the owner and property manager of the violation. The owner or property manager shall notify the tenant or tenants within ten days of the notice of violation of the Crime Free/Drug Free lease language and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit located in the licensed property with an evicted tenant for a period of one year after the eviction. (d) Upon determination by the Police Department that a licensed premises or unit within a licensed premises was used for Disorderly Use activities as set forth in Subsection (a)(42) herein, the Police Department shall cause notice to be made to the owner and property manager of the violation and direct the owner and property manager to take steps to prevent further Disorderly Use violations. (e) If a second Disorderly Use violation as determined by the Police Department occurs within a continuous twelve month period involving the same tenancy, the Police Department shall cause notice to be made to the owner and property manager of the second violation. The owner or property manager shall respond in wnting within ten (10) days of receipt of the notice with an action plan to prevent further Disorderly Use violations. (f) If a third Disorderly Use violation as determined by the Police Department occurs within a continuous twelve month period involving the same tenancy, the Police Department shall cause notice to be made to the owner and property manager of the third violation. The owner or property manager shall notify the tenant or tenants within ten days of the Notice of Disorderly Use violation of the Cnme Free/Drug Free lease language within the lease and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a umt located in the licensed property with an evicted tenant for a period of one year after the eviction. (g) The provisions of Subsections (c), (d), (e), and (0 herein do not apply if the determination that the premises have been used in violation of the Crime Free/Drug Free provisions of Subsections (a)(1) and (a)(2) herein originates from a call from or at the request of one or more of the tenants occupying the premises for police or emergency assistance, or in the case of domestic abuse, from a call for assistance from any source. The term "domestic abuse" has the meaning given in Minn. Stat. § 518B.01, subd. 2. Sec. 8-332. Administrative License Violation Fee. An owner failing to proceed with an action to terminate the tenancy after Police Department notification in accordance with a Cnme Free/Drug Free violation or the third Disorderly Use violation shall pay an administrative license violation fee of $750.00 for each calendar month that the owner fails to proceed. Any outstanding fees must be paid prior to the city renewing a rental license for the licensed premises. Ordinance No. 2334-07 -5- Section 2. Effective Date. This Ordinance shall take effect fifteen days after its publication. First Reading June 18, 2007 Second Reading July 16, 2007 Date of Publication July 26, 2007 Date Ordinance takes effect August 10, 2007 or Administration: Adopted by the City Council July 16, 2007 Attest: City Clerk, 00356:6,34. Approved as to Form and Execution City Attorney ei p •,__..._........,,...,= newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper known as St Louis Park Sun -Sailor and has full knowledge of the facts stated below (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn Stat §331A 02, §331A 07, and other applicable laws as amended (B) The printed public notice that is attached was published in the newspaper once each week, for one successive week(s), it was first published on Thurs- day, the 26 day of July 2007, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the day of , 2007, and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is •hereby acknowledged as being the size and kind of type used in the composition and publication of the notice BY abcdefghijklmnopqrstuvwxyz Subscribed and sworn to or affirmed before me on this 26 day of July , 2007 City of St. Louis Park (Official Publication) SUMMARY ORDINANCE NO 2334-07 ORDINANCE AMENDING CHAPTER 8, ARTICLE 11, THE CODE OF ORDINANCES, CITY OF ST LOUIS PARK, MINNESOTA RELATING TO RENTAL HOUSING LICENSES, REQUIRING CRIME FREE/DRUG FREE AND DISORDERLY USE LEASE LANGUAGE This ordinance provides the establishment of insuring standards relating to crime free housing This ordinance shall take effect 15 days after publication Adopted by the City Council July 16, 2007 Jeffrey W Jacobs /s/ Mayor A copy of the full text of this ordinance is available for in- spection with the City Clerk Published in St Louis Park Sailor July 26, 2007 (July 26, 2007) a3 -Ord 2334-07 MARY ANN CARLSON NOTARY PUBLIC — MINNESOTA MY COMMISSION EXPIRES 1-31-09 RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2 85 per line for comparable space (2) Maximum rate allowed by law $ 6 20 per line (3) Rate actually charged $ 1 30 per line