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Home My WebLink About2393-10 - ADMIN Ordinance - City Council - 2010/10/18ORDINANCE NO. 2393-10 AN ORDINANCE AMENDING CHAPTER 8 OF THE ST. LOUIS PARK CODE OF ORDINANCES TO PROVIDE FOR A PROVISIONAL RENTAL HOUSING LICENSE THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. Chapter 8 of the St. Louis Park Code of Ordinances is amended by amending the following section: Sec. 8-33. Fees. Except as otherwise provided in this chapter, all fees for licenses under this chapter, including investigation fees, shall be set by ordinance of the city council and listed as appendix A of this Code. New fees called for by any ordinance subsequently adopted may be adopted by ordinance of the council at second reading and codified into Appendix A at the time of the next annual review by the council. In the case of contractor, business and animal licenses, license applications received within the last 30 days of the license term will be issued a license for the following year in the fee amount set for the following calendar year. New business licenses issued licenses between July 1 and December 1 shall be charged a license fee equal to one-half the annual fee set forth in Appendix A. Section 2. Chapter 8 of the St. Louis Park Code of Ordinances is amended by adding the following section: Sec. 8-333. Provisional Licenses. (a) A licensed premises is only eligible for a provisional license under the following circumstances: (1) a licensed premises with between three and eleven dwelling units has generated an average of 1.0 or more police contacts per dwelling unit in the preceding twelve (12) month period; or (2) a licensed premises with twelve or more dwelling units that has generated an average of 0.7 or more police contacts per dwelling unit in the preceding twelve (12) month period; or (3) the existence of substantial on-going public safety concerns; or (4) licensee's consistent failure to maintain compliance with property maintenance and other City Code requirements. Ordinance No. 2393-10 -2- (b) Police contacts counted to determine whether a provisional license is required include disorderly use activities, criminal activity and drug related criminal activity defined in Section 8-331. The police contact shall be counted if it involves an incident that occurs anywhere on the licensed premises regardless of who is involved, or near the licensed premises if the contact involves tenants or guests of the licensed premises and the incident is connected to the licensed premises. (c) Police contacts will not be counted for purposes of determining whether a provisional license is required where the victim and suspect are "family or household members" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of "Domestic Abuse" as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). (d) The period of time used to determine whether a provisional license is required based upon the number of police contacts is the twelve (12) month period ending two months before the expiration of the existing license. Additionally, upon sixty (60) days notice to the licensee, a regular license may be converted to a provisional license if substantial on-going public safety concerns exist. (e) The existence of substantial on-going public safety concerns that make a licensed premises only eligible for a provisional license even though the number of police calls does not meet the above threshold shall be determined by the Chief of Police. Factors that will be considered include the nature and severity of the incidents giving rise to the police contacts, any evidence that tenants are being discouraged or intimidated from making police contacts, the level of community policing activity compared to similar properties, the number of unauthorized guests and other non -tenants at the premises and the licensee's timeliness and diligence in evicting or otherwise addressing public safety concerns. (f) If a licensee is determined to be only eligible for a provisional license. the licensee must submit to the City manager or designee for review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police contacts and public safety concerns to a level that qualifies for a regular license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct and security personnel. If there has been a consistent failure to promptly meet property maintenance and other code requirements, the mitigation plan shall describe the steps to eliminate the problem. (g) In addition to an approved mitigation plan, a provisional license will only be issued if the following conditions are also met: (1) Owner and manager or managers have all successfully completed, or will promptly complete, a training program provided or specified by the City. Ordinance No. 2393-10 -3- (2) Managers must be resident managers or on-site managers who are on site or available • 24 hours a day. (3) The licensee must provide the City with a current Certificate of Insurance providing proof of property and general liability coverage. The City may notify the insurer of the license status of the property. (h) After giving the applicant an opportunity to be heard, the City Manager or designee shall approve, disapprove, or approve with conditions the application and the mitigation plan. In evaluating a mitigation plan, the City Manager or designee will consider, among other things, the facility, its management practices, the nature and seriousness of the causes for police contacts and general public safety concerns, and the expected effectiveness of measures identified in the plan to reduce the number of police contacts or incidents of property maintenance and other code violations. In evaluating a mitigation plan submitted by an applicant already under a provisional license, the City Manager or designee will also consider the effectiveness of measures identified in any previous mitigation plan and the need for different or additional measures to reduce police contacts, address overall public safety concerns or reduce property maintenance and other code violations. (i) The licensee shall comply with the mitigation plan as approved or modified by the City Manager or designee. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager or designee a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. A provisional license will be issued for up to a maximum of twelve months. (j) The fee for a provisional license shall be established by ordinance. The licensee having a regular license converted to a provisional license within the regular license term must pay the license fee difference. Section 3. Chapter 8 of the St. Louis Park Code of Ordinances is amended by adding the following section: Sec. 8-334. License Suspension. Revocation. Denial and Non -Renewal. (a) Every regular or provisional rental housing license issued under the provisions of Section 8- 326 to 8-333 is subject to suspension, revocation or non -renewal pursuant to Section 8-36. (b) The City may revoke, suspend or decline to renew any regular or provisional rental housing license issued pursuant to Sections 8-326 to 8-333 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. Ordinance No. 2393-10 -4- (2) failure to pay any application, penalty, reinspection or reinstatement fee required by this Chapter and City Council resolution. (3) failure to correct deficiencies indentified in violation notices within the specified time for maintaining the building and property in compliance with Sec. 8-329 or failure to accommodate inspections are required by Sec. 8-330. (4) failure to comply with the provisions of an approved mitigation plan in the case of provisional licenses. (5) failure to operate or maintain the licensed premises in conformity with all applicable state laws and regulations and this Code of Ordinances. (6) actions by the licensee which constitute either intimidation of or retaliation against a tenant relating to the initiation of a police contact, the reporting of a potential property maintenance violation or other communication to any public official or other third party about the condition of the property or activities occurring on or near the licensed premises. (7) any other violation of this Chapter. (c) Licenses may be suspended for up to six (6) months and may, after the period of suspension, be reinstated subject to compliance with this Chapter and any conditions imposed by the City at the time of suspension. Licenses that are revoked will not be reinstated until the owner has applied for and secured a new license and complied with all conditions imposed at the time of revocation. (d) In the event that a license is suspended, revoked or not renewed, it shall be unlawful for the owner or the owner's duly authorized agent to thereafter permit any new occupancies of vacant or thereafter vacated rental units until such time as a valid license may be restored. Revocation, suspension or non -renewal of a license shall not excuse the owner from compliance with all state laws and regulations and this Code of Ordinances for as long as any units in the facility are occupied. Failure to comply with all terms of this Chapter during the term of revocation, suspension or non -renewal is a misdemeanor and grounds for extension of the term of such revocation or suspension or continuation of non -renewal, or for a decision not to reinstate the license, notwithstanding any limitations on the period of suspension, revocation or non -renewal. (e) Nothing in this section shall permit occupancy of a licensed premises or individual dwelling unit if the Certificate of Occupancy is revoked or the licensed premies or unit is posted uninhabitable. Section 4. Chapter 8 of the St. Louis Park Code of Ordinances is amended by adding the following section: • • • Ordinance No. 2393-10 -5- Sec. 8-335. Provisional License Fee The fee for a provisional license shall be twice the amount of an equivalent regular license, with such fee being set by ordinance by the City Council and codified as part of Appendix A to the City Code. Section 5. This Ordinance shall take effect fifteen days after its publication. First Reading October 4, 2010 Second Reading October 18, 2010 Date of Publication October 28, 2010 Date Ordinance takes effect November 12, 2010 Revi ed fo Administration City a a:er Attest: Y/Q-'l/ City Clerk City Attorney Adopted7 e City Council October 18, 2010 Mayor / Appro ed as to Form and Execution: 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(s) 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 said newspaper(s) once each week, for one successive week(s), it was first published on Thurs- day, the 28 day of October 2010, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the day of , 2010, 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 ab pgrstuvwxyz City of St. Louis Park (Official Publication) SUMMARY ORDINANCE NO 2393-10 AN ORDINANCE AMENDING SECTION 8-33 FEES, AND SECTION 8-333 PROVISIONAL LICENSES, SECTION 8-334 LICENSE SUSPENSION, REVOCATION, DENIAL AND NON -RENEWAL, AND SECTION 8-335 PROVISIONAL LICENSE FEE This ordinance amends Section 8-33 licensing ordinance pertaining to fees to add license fee for new business li- cense issued between July 1 and December 1 This ordinance is amended by adding Sec 8-333 provi- sional licensing for multi -housing rental property with three or more units, Sec 8-334 clarifying license suspen- sion, revocation, denial and non -renewal for multi -housing rental property, and Sec 8-335 setting the provisional li- cense fee This ordinance shall take effect 15 days after publication Adopted by the City Council October 18, 2010 Jeffrey W Jacobs /s/ Mayor A copy of the full text of this ordinance is available for in- spection with the City Clerk (Oct 28, 2010) A3 Ord # 2393-10 BY Subscribed and sworn to or affirmed before me on this 28 day of October , 2010 Notary Public JULIA I HELKENN NOTAr1 ( PUBLIC MINNESOTA 11y Comm ExpIIOS ,ton 31 2015