City Council Agenda Packet 02-26-2007 Special
AGENDA
SPECIAL MEETING - MONTICELLO CITY COUNCIL
Monday, February 26, 2007 - 5:30 p.ol.
1. Call to Order
2. Review and discussion of proposed rental ordinance.
3. Adjourn
PURPOSE OF RENTAL HOUSING ORDINANCE.
The purpose of this ordinance is to protect the public health, safety and welfare of the community at
large and the residents of rental dwellings in the City of Monticello and to ensure that rental housing in
the city is decent, safe and sanitary and so operated and maintained as not to becotne a nuisance to the
neighborhood or to become an influence that fosters blight and deterioration or creates a disincentive to
reinvestment in the community. The operation of rental residential properties is a business enterprise
that entails certain responsibilities. Owners and operators are responsible to take reasonable steps as
are necessary to ensure that the citizens of the city who occupy such units may pursue necessary the
quiet enjoyment of the normal activities of the life in surroundings that are safe, secure and sanitary; free
from noise, nuisances or annoyances; and free from unreasonable fears about safety of persons and
security of property.
Weare seeing an enormous amount of rental properties that are showing up. Most of these homes are
among your typical single family homes. Most of our rentill properties where it is not also owner
occupied are not taken care of very well. The rental properties are showing up when investors buy
theses houses and then do numerous things such as;
* Let them sit
* Rent to own
* Contract for Deed
and numerous others. We end up with a blighted influence in these neighborhoods.
"
CITY OF LAUDERDALE
ORDINANCE NO.
An Ordinance Amending Title 9, Chapter II of the Lauderdale City Code Regarding
Licensing of Rental Dwelling Units
The City Council of the City of Lauderdale ordains as follows:
SECTION 1. The Lauderdale City Code, Title 9, Chapter 11, Section 9-Il-8. is
amended as follows:
A. License Reauired.
1. It is unlawful to operate a rental dwelling in the City without first
having obtained a license from the City. An owner must obtain a
license for each rental dwelling. If the rental dwelling contains
two or more units, and has a common owner and a common
property identification number, the owner may obtain a single
license for the rental dwelling.
2. There are two types of licenses: Tier I and Tier II. Exceot as
otherwise orovided in this Chaoter. B !loth Tier I and Tier II
licenses must comply with all provisions of this Chapter, ""a" its
eEF13sa:-:e Elate.
SECTION 2. The Lauderdale City Code, Title 9, Chapter II, Section 9-11-8, is further
amended as follows:
E. License Issuance.
1. Preliminary Insoection and Investi!l:ation. Prior to issuing a
license, the Building Official will inspect the rental dwelling to
determine compliance with this Chapter, the City Code and the
International Property Maintenance Code. The City Administrator
will review the application for completeness and determine
whether all real estate !axes and municipal utilities are paid and
current.
2. Tier I License. If the rental dwelling is in full compliance with
paragraph (I), the City will issue a Tier I license to the owner.
3. Comoliance Order. If the rental dwelling is not in full compliance
with paragraph (1), the City will provide the owner or resident
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agent with a compliance order pursuant to Section 9-11-11. If the
O1,.\oner corrects the l[ems in the compliance order within the
specified period of time, the City will issue a Tier I license to the
O1,.\oner.
4.
Tier II License~. If the owner does not correct the items in the
compliance order within the specified period of time, the City will
issue a Tier II license to the owner. . The helder ef a Tier II lieeHse
~"~IlBe .subiect ~o_ t!J, [ollowinzre'luffeffiollls ~onditi2ns: _ .
a.
The City will issue Tier II licenses onlv to aoolicants who
are ooerating a rental dwelling with a tenant residing in the
rental dwelling on the effective date of this Chaoter.
'"
Tho Tier II lieellseEl reat.l El'.':ellHig ,hall Be slibjeet la
peReai. inspeeliell~ as praviaea in Se.tiaa 9 II 9 ef this
CRafter.
b.
The Tier II license holder shall pay the Tier lllicense fee as
established by the City Council.
c.
If the Tier II license holder corrects the violations in the
compliance order(s), the licensee may apply for a Tier I
license after the expiration of the current initial license
period.
d.
Subiect to the limitation in Section 9-11-8(ElI5l. If'-the if
violations in an outstandinll cOffiDliance ordens) remain
uncorrected. a Tier II license holder mav continue to let a
rental dwelling until ..as Ilat eafreetea tho -:ialntiella Hi llR)'
sut5tB:REliRg eBffiI3liaBse erEief(s) ey the end of the owner's
existing lease term with the current tenant, , tlte City m.)'
Sli.pella ar ",,'ake tho liaellse ~aaor SeotiaR 9 11 12. The
Ci\;)' may alla-N the oaatHiaatiall af lI>e Tior II lioellse if the
Ci\;)' EleteflRinea lI>at the lieeR,e "alEier i, lakiag rease"allle
sta~s aRa !J(elr6ising .ossa faith te eeFreat iRe vielatiElM.
f.
All Tier II licenses exoire uoon one of the following.
whichever occurs earlier: i) the existin2 tenant vacates the
rental dwelling; ii) the existing lease term for the rental
dwellimr exoires: Hn the initial license oeriod exoites on
December 31. 2007: or. ivl the Building Official
determines that an unsafe or danllerous condition exists as
described in Section 9-11-8(El(5).
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SEC
g. The City will issue no Tier [! licenses after December 31.
2007. After that date. all aoolicants and rental dwellings
must qualify for a Tier I license from the City.
5. Unsafe or Dangerous Conditions. No owner or resident alZent may
ooerate a rental dwelling. regardless of the tvoe of license issued. if
the Building Official determines that a condition exists in or on the
rental dwelling: or oremises that is unsafe or Doses an imminent
danger to the health or safety of the tenants or the oublic. Anv
oerson who continues to ooerate a rental dwelling after such a
determination bv the Building Official is subiect to susoension or
revocation of the license. criminal orosecution. and anv civil
remedies available to the City.
nON 3. The Lauderdale City Code. Title 9. Chapter 11, Section 9-11-9, is
ded as follows:
A Tier II Lissase Insoections. The City will insoect all .'.11 Tier 1I rental
dwellings shall be iRGl'eeteEl BY the Ci,)" periodically to determine
comoliance Hatil the reatal Q>.,.elling e.",!,lieG with this Chapter, the City
Code and the International Property Maintenance Code. The City will
insoect rental dwellings with odd-numbered addresses in odd vears and
rental dwellin2:s with even.numbered addresses in even Years. After each
inspection, the City shall provide the owner or resident agent with a
compliance order pursuant to Section 9-11- 11. The owner or resident
agent must correct the violations within the time period specified in the
compliance order. If the violations are not corrected, the City may
suspend or revoke the license under Section 9-1 1-12, unless it is the initial
license period, in which case, the license is valid until the end of the
owner's existing lease with the current tenant as noted in section 9-11-
8(E)(4)8l1W. The City may. however. immediately susoend or revoke a
license if an unsafe or dangerous condition exists as described in Section
9-11-8(E)(51.
ION 4. This ordinance shall be effective upon its adoption and publication.
Adopted by the city council of the City of Lauderdale this I3'h~~l' of FebruarvL.. . Formatted: Superscript
,- Deleted:
Deleted:
Jeffrey Dains, Mayor
-,2 \iIDT LALJ5-J 3
,
amen
SECT
2007
304461
ATTEST:
I Brian 'YL. Heck" Cit)l ~dministrator
Published in the Roseville Revie"~ this. 20thjlay of February._ 2007, .
30446lv! MDT LAI35-J
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1 Deteted: B
"
i Deleted:
-1 Deleted:
Deleted:
( Formatted: Superscript
;
.-J
Rental License Estimates
Number of rental units:
. Duplexes - 24 (48 units)
. Apartment buildings - 50 (741 units)
. Singlefamily homes - 280-415 (estimated 310)
Rental license revenue:
. The proposed fee schedule is; $60.00 per structure + an additional $15.00 per
dwelling unit. Examples: single family home would be 60 + 15 = $75.00
20 unit apt. building would be 60 + (20 x 15) = $360.00
. It is will issue 350-490 licenses this year (estimated 375)
. With the proposed fee schedule this will generate $37,000-$47,000 (est. $39,500)
24 Duplexes @ $60ea. + $15 x 2 units
50 Apt. Bldgs. @$60ea. + 714 Apartments @ $15ea.
310 Single Familv Homes (al $75ea.
Initial license income
= $ 2,160.00
= $ 14,115.00
= $ 23.250.00
= $ 39,525.00
After the initial startup, inspections will be preformed every other year based on an odd /
even address system. However, they may have more inspections if complaints are filed
with us and corrections notices are needed to be followed up with which will be charged
to the owner at a rate of $50 per hour, one hour minimum.
Estimated Time Spent on Inspections
. Low estimate =
. High estimate =
. Worse case estimate =
386 Hours (64.3 days - 13 weeks)*
424 Hours (70.67 days - 14 weeks)*
473 Hours (78.8 days -16 weeks)*
*This time includes travel time.
Estimated Time Spent on Administration
Approximately 225 hours would be for the initial start up. This time is to include set up
of a data base, receiving rental applications, setting up inspections, issue rental
certificates, checking for unpaid taxes / utility bills, and setting up a filing system.
Weare also checking into providing the rental owners with a plaque for them to display
their certificates in a location determined by the Building Official.
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CHAPTER 16
RENTAL HOUSING LICENSE PROVISIONS
PURPOSE
APPLICABILITY; SCOPE
ADOPTION OF PROPERTY MAINTENANCE CODE
DEFINITIONS
ENFORCEMENT OFFICER
RESPONSIBILITY OF OWNER (LANDLORD)
RESPONSIBILITY OF OCCUPANT (RENTER)
GENERAL LICENSING PROVISIONS
INSPECTIONS
CONDUCT ON LICENSED PREMISES
CONDITION OF LICENSED PREMISES
HEARING PROCEDURE
MISDEMEANOR
PURPOSE,
It is the purpose of this Chapter to protect the public health, safety and welfare of
the community at large and the residents of rental dwellings in the City of
Monticello and to ensure that rental housing in the city is decent, safe and sanitary
and is so operated and maintained as not to become a nuisance to the
neighborhood or to become an influence that fosters blight and deterioration or
creates a disincentive to reinvestment in the community. The operation ofrental
residential properties is a business enterprise that entails certain responsibilities.
Owners and operators are responsible to take such reasonable steps as are
necessary to ensure that the citizens of the city who occupy such units may pursue
the quiet enjoyment of the normal activities oflife in surroundings that are: safe,
secure and sanitary; free from noise, nuisances or annoyances; and free from
unreasonable fears about safety of persons and security of property.
APPLICABILITY; SCOPE.
This Chapter applies to all rental dwellings in the City, including any accessory
structures on the premises upon which the rental dwelling is located, such as
garages and storage buildings and appurtenances, such as sidewalks and retaining
walls. This Chapter does not apply to on-campus college or university housing
units; Minnesota Department of Health licensed rest homes; convalescent care
facilities; licensed group homes; nursing homes; hotels; motels; owner-occupied
units; or condominium units as defined and governed by Minnesota Statutes
Chapters 515, 5l5A, and 515B.
ADOPTION OF PROPERTY MAINTENANCE CODE.
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The International Property Maintenance Code, 2006 edition, as published by the
International Code Council, is adopted by reference in its entirety, except as
modified or amended in this Code. Nothing in this Chapter or the International
Property Maintenance Code shall be construed to cancel, modify, or set aside any
other provision of the City Code.
DEFINITIONS.
"Building Officiaf' means the building inspector or a designated agent authorized
by the City Council to administer and enforce this Chapter.
"City" means the City of Monticello.
"City Administrator" means the City Administrator or the City Administrator's
designated agent.
"Multiple Family D;velling" means a rental dwelling containing three (3) or more
units.
"Occupant" means any person living or sleeping in a rental dwelling unit, or
having possession of a space within a rental dwelling unit.
"Owner" means, with respect to all matters involving the making of applications
and the giving of notices, the individuals or entities holding legal and equitable
title to the premises.
"Premises" means a lot, plot, or parcel ofland including the building or structures
thereon.
"Rental Dwelling" means a building or premises, or portion thereof, used or
intended to be used for residential rental purposes.
"Unit" means a single unit within a rental dwelling providing complete,
independent living facilities for one or more persons including permanent
provisions for living, sleeping, eating, cooking and sanitation.
ENFORCEMENT OFFICER.
The City Building Official is authorized and directed to enforce all provisions of
this Chapter, subject to review by the City Council.
RESPONSIBILITY OF OWNER (LANDLORD).
2
(A) OWNER RESPONSIBLE. Every owner of rental dwelling is responsible for
violations of duties and obligations imposed by this Chapter even if the duty or
obligation is also imposed on the occupant(s) of the rental dwelling, or even if the
owner, by agreement, has imposed on the occupant(s) the duty of making sure
that the rental dwelling complies with the requirements of this Chapter, applicable
provisions of the City Code and the International Property Maintenance Code.
(B) CLEANLINESS. Every owner of a rental dwelling is responsible for keeping that
part of the premises which he or she occupies or controls in a clean, sanitary and
safe condition in conformance with this Chapter, applicable provisions of the City
Code and the International Property Maintenance Code, including any shared or
common areas in a multiple family dwelling.
(C) OBTAIN LICENSE: The owner or owner's agent must obtain a license and pay
all license fees as required by this Chapter before the rental dwelling may be
rented.
3-16-7: RESPONSIBILITY OF OCCUPANT (RENTER).
(A) ACCESS BY OWNER. Every occupant of a rental dwelling shall give the owner
or owner's agent access to his or her unit, and that part of the premises which he
or she occupies or controls, at reasonable times for the purpose of inspections and
maintenance, and making necessary repairs or alterations on the premises.
(B) CLEANLINESS. Every occupant of a rental dwelling is responsible for keeping
his or her unit, and any part of the premises which he or she occupies or controls,
in a clean, sanitary and safe condition in conformance with this Chapter,
applicable provisions of the City Code and the International Property
Maintenance Code.
(C) DISPOSAL OF RUBBISH. Every occupant of a rental dwelling shall store and
dispose of all his or her rubbish, garbage and waste in a clean, sanitary and safe
manner.
3-16-8: GENERAL LICENSING PROVISIONS.
(A) LICENSE REQUIRED.
1. It is unlawful to operate a rental dwelling in the City without first having
obtained a license from the City. An owner must obtain a license for each
rental dwelling. If the rental dwelling contains two or more units, and has
a common owner and a common property identification number, the
owner shall obtain a single license for the rental dwelling.
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2.
(B) LICENSE APPLICA nON. The owner of a rental dwelling must submit an
application for a license on forms and in the format provided by the City. The
owner must give notice, in writing, to the City within five (5) business days of
any changes to the information contained in the license application. The
application must include:
1. the owner's name, address, and telephone number, owning partners if a
partnership, corporate officers if a corporation;
2. the owner's agent's name, address and telephone number;
3. legal address ofthe rental dwelling;
4. the type and number of units within the rental dwelling; and
5. the type of structure to be licensed (i.e., single-family, duplex, multi-
family).
(C) LICENSE FEES. The owner must pay an annual license fee, the amount of which
will be determined by the City Council. The license fee schedule is maintained at
City Hall. The owner must submit the required fee along with the application for
a new or renewal license. Applications for a renewal license submitted after the
December 31 are subject to a penalty fee, which shall be determined from time to
time by the City Council.
(D) LICENSE PERIOD. The initial license period begins upon the effective date of
this Chapter, and ends on February 29, 2008. Thereafter, the license period is for
one year and runs from March I to the last day of February. The license must be
renewed annually.
(E) LICENSE ISSUANCE.
I. Preliminary Inspection and Investigation. Prior to issuing a license, the
Building Official will inspect the rental dwelling to determine compliance
with this Chapter, the City Code and the International Property
Maintenance Code. The Building Official will review the application for
completeness and determine whether all real estate taxes and municipal
utilities are paid and current.
2. Tier I License. If the rental dwelling is in full compliance with paragraph
(1), the City will issue a Tier I license to the owner.
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3. Compliance Order. If the rental dwelling is not in full compliance with
paragraph (I), the City will provide the owner or owner's agent with a
compliance order pursuant to Section 3-16-11. If the owner corrects the
items in the compliance order within the specified period oftime, the City
will issue a Tier I license to the owner.
4. Tier II License. If the owner does not correct the items in the compliance
order within the specified eriod of time, the City will issue a Tier II
license to the owner.
a.
b. shall pay the Tier II license fee as established
by the City Council.
c. If the Tier II license holder corrects the violations in the
compliance order(s), the l~ a Tier I license
after the expiration of the __...
d.
(F) POSTING OF LICENSE. The owner shall post a copy of the license in the rental
dwelling in a conspicuous place approved by the Building Official. In multiple
dwelling units requiring a single license, the license shall be posted in a common
area of the building such as a corridor, hallway or lobby. The posted license shall
be framed and covered with clear glass or plastic.
(G) RENEWAL OF LICENSE. An owner may continue to rent a dwelling after the
expiration date of the license provided the owner has filed with the City on or
before December 31 st, the appropriate renewal license application and license fee.
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The issuance of a license under this Chapter shall be considered a privilege and
not an absolute right of the owner and shall not entitle the owner to an automatic
renewal of the license. Allowing the owner to continue to rent while the renewal
license is being processed does not obligate the City to automatically renew the
license.
(H) TRANSFER OF LICENSE. . Any changes in the
ownership of the rental dwelling require submittal of application and payment of
license transfer fee.
(I) REGISTER OF OCCUPANCY. The owner or its owner's agent shall keep a
current register of occupancy for each rental dwelling. This register of occupancy
may be reviewed by the City at any time. Said register of occupancy shall contain,
at a minimum, the following information:
1. Address(es) of the rental dwelling;
2. Number of bedrooms of each unit;
3. Number of units in each building; and
4. Number of adults and children (under 18) currently occupying each unit.
3-16-9:
INSPECTIONS.
(A)
INSPECTIONS.
periodically
Chapter, the City Code and the International Property Maintenance
each inspection, the City shall provide the owner or owner's agent with a
compliance order pursuant to Section 3-16-11. The owner or owner's agent must
correct the violations within the time period specified in the compliance order. If
the violations are not corrected, the City may suspend or revoke the license under
Section 3-16-12, unless it is the initial license period, in which case, the license is
valid until the end of the owner's existing lease with the current tenant as noted in
Section 3-16-8(E)(4).
(B)
OCCUP ANT INITIATED INSPECTION. An occupant who believes that his or
her rental dwelling is not in compliance with the provisions of this Chapter, City
Code or the International Housing Maintenance Code may provide written notice
to the owner or owner's agent of the rental dwelling specifying the alleged
deficiency. If the owner or owner's agent does not take action to correct the
alleged problem, the occupant may contact the City and request an inspection of
the rental dwelling by the Building Official upon showing proof that the owner or
owner's agent had been properly notified and has been given a reasonable time in
which to correct deficiencies. The cost of the inspection shall be paid by the
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owner if the City's inspection reveals actual deficiencies as described by the
occupant.
CONDUCT ON LICENSED PREMISES.
OWNER RESPONSIBLE. It shall be the responsibility of the owner or owner's
agent to see that persons occupying the rental dwelling conduct themselves in
such a manner as not to cause the premises to be disorderly. This section applies
to both Tier I and Tier II licenses. For purposes of this section, a rental dwelling
is disorderly at which any of the following activities occur:
1. Violation of Minnesota Statutes sections 609.755 through 609.76 as may
be amended from time to time, relating to gambling;
2. Violation oflaws relating to prostitution or acts relating to prostitution as
defined in Minnesota Statutes section 609.321;
3. Violation of Minnesota Statutes sections 152.01 through 152.027 as may
be amended from time to time, relating to the unlawful sale or possession
of controlled substances;
4. Violation of Minnesota Statutes sections 340A.401 and 340A.503 as may
be amended from time to time, relating to the unlawful commercial sale
and underage consumption of alcoholic beverages;
5. Violation of Minnesota Statutes section 609.33 as may be amended from
time to time, which prohibits owning, leasing, operating, managing,
maintaining or conducting a disorderly house, or inviting or attempting to
invite others to visit or remain in a disorderly house;
6. Violation of Minnesota Statutes sections 97B.021, 97B.045, 609.66
through 609.67, 624.712 through 624.716, 624.719, 624.731 through
624.732 as may be amended from time to time, relating to the unlawful
possession, transportation, sale or use of weapons;
7. Violation of City Code section 6-1-4 or violation of Minnesota Statutes
section 609.72 as may be amended from time to time, relating to
disorderly conduct;
8. Violation of City Code section 5-4 relating to recreational fires;
9. Violation of City Code section 5-8 relating to clandestine drug labs;
10. Violation of City Code section 7-1 relating to nuisances; or
II. Violation of City Code sections 6-2 and 6-3 relating to animal control.
7
(C) FIRST VIOLATION. Upon determination by the Building Official that a
licensed premises was used in a disorderly manner, as described in paragraph (A)
of this section, the Building Official must give notice to the licensee of the
violation and direct the licensee to take steps to prevent further violations.
(B) CITY ENFORCEMENT. The Building Official is responsible for enforcement
and administration of this section.
(D) SECOND VIOLATION. If another instance of disorderly use of the licensed
premises occurs within three months of an incident for which a notice in division
(C) of this section was given, the Building Official must notify the licensee of the
violation and must also require 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 premises. This written report must be submitted to the
Building Official within five days of receipt of the notice of disorderly use of the
premises and must detail all actions taken by the licensee in response to all notices
of disorderly use of the premises within the preceding three months.
(E) THIRD VIOLATION.
I. If another instance of disorderly use of the licensed premises occurs within
three months after any two previous instances of disorderly use for which
notices were given to the licensee pursuant to this section, the rental
dwelling license for the premises may be denied, revoked, suspended or
not renewed. An action to deny, revoke, suspend, or not renew a license
under this section must be initiated by the Building Official who must give
to the licensee written notice of a hearing before the City Council to
consider such denial, revocation, suspension or non-renewal. Such written
notice must specify all violations ofthis section, and must state the date,
time, place and purpose of the hearing. The hearing must be held no less
than ten days and no more than 30 days after giving sucb notice.
2. 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 licensed
premises or may grant a license upon such terms and conditions as it
deems necessary to accomplish the purposes of this section.
(F) NO ADVERSE ACTION PENDING EVICTION. No adverse license action
shall be imposed where the instance of disorderly use of the licensed premises
occurred 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 unit. Eviction proceedings are not a bar to
adverse license action, however, unless they are diligently pursued by the
licensee. Further, an action to deny, revoke, suspend, or not renew a license
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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.
(G) FINDING OF DISORDERLY CONDUCT. A determination that the licensed
premises have been used in a disorderly manner as described in paragraph (A) of
this section shall be made upon a fair preponderance of the evidence to support
such a determination. It is not necessary that criminal charges be brougbt in order
to support a determination of disorderly use nor does the fact of dismissal or
acquittal of such a criminal charge operate as a bar to adverse license action under
this section.
(H) SERVICE OF NOTICES. All notices given by the City under this section must
be personally served on the licensee, sent by certified mail to the licensee's last
known address or, if neither method of service effects notice, by posting on a
conspicuous place on the licensed premises.
(I) ENFORCEMENT ACTIONS. Enforcement actions provided in this section are
not exclusive, and the City Council may take any action with respect to a licensee,
a tenant, or the licensed premises as is authorized by the City Code, state or
federal law.
3-16-11: CONDITION OF LICENSED PREMISES.
(A) COMPLIANCE ORDER. Whenever the Building Official determines that the
condition of any rental dwelling or the premises surrounding it fails to meet the
provisions of this Chapter, other applicable City Code provisions or the
International Property Maintenance Code, he or she may issue a compliance order
setting forth the specific violations and ordering the owner to correct such
violations.
(B) CONTENTS OF THE COMPLIANCE ORDER. The compliance order shall:
1. Be in writing;
2. Describe the location and nature of the violations;
3. Set forth a reasonable time for the correction of the violations by the
owner or owner's agent; and
4. Be served upon the owner and o\,mer's agent either personally or by
certified mail. A copy of the compliance order _ also be provided to
the occupants of the rental dwelling.
C. LICENSE ACTION. If the violations listed in the compliance order are not
remedied by the owner or owner's agent within the specified time given in the
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D.
3-16-12:
(A)
(B)
(C)
(D)
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order, the license for the rental dwelling may be denied, suspended, revoked, or
not renewed by the City. An administrative fine in an amount set forth from time
to time by the City Council by resolution may also be imposed. If the City
decides that it will be denying, suspending, revoking or not renewing a license or
imposing an administrative fine pursuant to this Section, the City shall send a
notice of the proposed action to the owner and owner's agent of the rental
dwelling. The proposed action by the City shall be heard by the City Council
pursuant to the procedure set forth in Section 3-16-12 of this Chapter.
APPEAL. When it is alleged by the owner or owner's agent that the compliance
order is based upon the erroneous interpretation of this Chapter, other applicable
City Code provisions or the International Property Maintenance Code, the owner
or owner's agent may appeal the compliance order to the City Council. Such
appeal shall be in writing, must specify the grounds for the appeal, must be
accompanied by a filing fee, as set forth by resolution of the City Council, from
time to time, and must be filed with the City within five (5) business days after
service of the compliance order. The appeal shall be heard by the City Council
pursuant to the procedure set forth in Section 3-16-12 of this Chapter. The filing
of the 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.
HEARING PROCEDURE.
SCHEDULING OF HEARING. If the City makes a determination that it will be
denying, suspending, revoking or not renewing a license pursuant to Sections 3-
16-10 or 3-16-11 of this Chapter, or if the owner or owner's agent is appealing the
compliance order pursuant to Section 3-16-11 of this Chapter, the City Council
shall conduct a hearing on the matter. The hearing shall be scheduled at the next
regular City Council meeting following the date of the notice or receipt of the
owner's notice of appeal of a compliance order.
HEARING. At the hearing, the City Council shall hear all relevant evidence and
arguments and shall review all testimony, documents and other evidence
submitted. The owner or owner's agent shall have the opportunity to address the
City Council at the hearing.
FINDINGS. After the hearing is concluded, the City Council shall make findings
on whether to uphold the compliance order or to revoke, suspend, deny or not
renew the license or impose an administrative fine. The City Council shall issue a
written decision within thirty (30) days following the date of the hearing and shall
send a copy of its decision to the owner and owner's agent by mail. The decision
shall specify the rental dwelling or units to which it applies.
NO OCCUPANCY. If a license is revoked, suspended, denied or not renewed by
the City Council, it shall be unlawful for the owner or the owner's agent to
thereafter permit the occupancy of the rental dwelling or the unit. A notice of the
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.
3-16-13:
action shall be posted by the Building Official on the rental dwelling or the unit in
order to prevent any further occupancy. No person shall reside in, occupy or
cause to be occupied that rental dwelling or unit until a license is obtained or
reinstated by the owner.
(E)
APPEAL. An owner may appeal the decision of the City Council as allowed
under state law.
MISDEMEANOR.
Failure by an owner to comply with a compliance order after the right of appeal
has expired or violation of any of the provisions of this Chapter shall constitute a
misdemeanor. Each day that a violation continues shall be deemed a separate
punishable offense.
Adopted by the City Council of the City of Monticello the _ day of
130189
,2007.
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