Police Advisory Commission Agenda 05-16-2007
AGENDA
MONTICELLO POLICE COMMISSION
Wednesday, May 16,2007 - 7 p.m.
1. Call to Order.
2. Approve minutes of February 28, 2007 Police Commission meeting.
3. Update on City purchase of speed trailer.
4. Update on action taken per MnlDOT's School Boulevard Speed Study.
5. Update on TH 25 Traffic Study.
6. City-Wide Pedestrian Crosswalk Improvement Project.
7. Update on development and implementation of Rental Housing License Ordinance.
8. Additional items of discussion?
9. Adjourn.
I':\BRUCE\CITY OF MONTICELLOICOUNClLS & COMMISSIONS\POLlCE COMMISSlON\AGENDA PC 5-16-07.DOC
MINUTES
MONTICELLO POLICE COMMISSION
Wednesday, February 28, 2007 - 7 p.m.
Members Present:
Dave Gerards, Brad Fyle, Dick Slais and Susie Wojchouski
Members Absent:
None
Others Present:
Lt. Dan Anselment, Sgt. Dave Anderson - Wright Co. Sheriffs Dept.
Jim Roberts - Resident I Police Commission candidate
Jeff O'Neill- City Administrator
Bruce Westby - City Engineer
1. Call to Order
The meeting was called to order at 7 p.m. and a quorum was present.
2. Introduction of Jim Roberts. applicant for vacancv on the Police Commission.
Jim Roberts was introduced as a candidate to fill the vacancy on the Police Commission that was
created when Jon Hoffresigned. Jim introduced himself to the Police Commission then
presented his resume' and discussed his background and qualifications.
DICK SLAIS NOMINATED JIM ROBERTS TO FILL THE CURRENT VACANCY ON THE
POLICE COMMISSION. BRAD FYLE SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
3. Approve minutes ofMav 17. 2006 Police Commission meetinl!:.
BRAD FYLE MOVED TO APPROVE THE MINUTES OF THE FEBRUARY 28, 2007
POLICE COMMISSION MEETING AS WRITTEN. DAVE GERARDS SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY.
4. Recommendation of Police Commission on purchase of speed trailer bv the City.
Bruce Westby reported that the City of Monticello is considering purchasing a speed monitoring
trailer for use by City staff to monitor traffic speeds in response to resident complaints regarding
excessive vehicle speeds on public roadways. Bruce also stated that Public Works will house,
move and maintain the trailer, and that the City will apply for a $1,500 grant that will go towards
purchasing the trailer if awarded to the City. Dan Anselment stated that the Wright County
Sheriffs Department (WCSD) has two speed trailers and that one is currently being shared
equally between the Buffalo Police Department and the WCSD, and the other is used County-
wide on a first come, first serve basis. Dan suggested that the City might want to consider using
pavement mounted traffic counting tubes to measure speed instead of purchasing a speed trailer
as the City of Otsego has a trailer that they don't use due to issues with the statistical data unit.
However, Dan agreed that owning a trailer would allow the City to respond to speeding
complaints much quicker. Bruce stated that the City wants a statistical unit in order to measure
traffic volumes.
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Police Commission Meeting Minutes
February 28, 2007
Page 2
Dan suggested that if the City does purchase a speed trailer we should consider purchasing a used
trailer with a rechargeable battery. These batteries last about 3 to 5 days between recharging.
Dan recommended looking at Kustom Signal's web site before purchasing a trailer. Dan said the
trailer should be moved around to achieve the best results, and that the WCSD usually gathers
one-week's worth of data prior to moving the trailer. Dan said that if the City does purchase a
speed trailer it will not require a license and we can use it on County Roads without being
ticketed.
BRAD FYLE MADE A MOTION IN SUPPORT OF THE CITY PURCHASING A SPEED
TRAlLER AT A MAXIMUM COST OF $9,000. DAVE GERARDS SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY.
5. Results of speed studv on School Boulevard.
Bruce Westby reported that on September 20, 2006, the Minnesota Department of Transportation
(MN/DOT) completed a speed zone study on School Boulevard between TH 25 and CSAH 18 in
response to the City's request per City Resolution No. 2005-89. The City of Monticello' s
Consulting Engineer was copied on a MnlDOT interoffice memorandum dated January 22,2007,
from MnlDOT's District 3 Traffic Engineer to the Assistant State Traffic Engineer describing the
results of the speed study and asking that a speed limit authorization be sent to the City. The
memo stated that the speed limit on School Boulevard between CSAH 18 and a point 250- feet
west of Fallon Avenue is currently posted correctly. However, the memo recommended that the
speed limit between TH 25 and a point 250-feet west of Fallon Avenue be posted at 35 mph
instead of 45 mph as it is currently posted. In addition, the memo indicates that several warning
signs may be required to warn drivers of existing curves and hazards, and that School Boulevard
should be reviewed for traffic control devices impacted by the recommended speed limits before
posting any revised speed limit signing.
DAVE GERARDS MADE A MOTION TO REPLACE THE POSTED SPEED LIMIT SIGNS
ON SCHOOL BOULEVARD PER MnlDOT'S SPEED STUDY RECOMMENDATIONS
ONCE MnlDOT PROVIDES THE CITY WITH WRITTEN AUTHORIZATION TO DO SO,
AND ONCE THE CITY SIGNS ALL HAZARDS APPROPRIATELY AND REVIEWS ALL
EXISTING TRAFFIC CONTROL DEVICES FOR IMPACTS BASED ON INSTALLATION
OF THE PROPOSED SPEED LIMIT SIGNS. BRAD FYLE SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
6. Update of meetinl! with MnlDOT on TH 25.
Bruce Westby reported that he and the City's consulting traffic engineer met with MnlDOT's
District 3 Traffic Engineer on February 27, 2007 to discuss various traffic issues on TH 25 in
Monticello as follows:
a. Traffic backing-up TH 25 off-ramp into WB 1-94 through lanes (highest priority issue at
meeting)
b. TH 25 traffic study
c. Signal system removal and geometric modifications at River Street
d. Addition ofleft-turn lane for SB TH 25 traffic into 1 ,t MN Bank
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Police Commission Meeting Minutes
February 28, 2007
Page 3
e. Pedestrian crossing issues
f. Other misc. issues not related to TH 25
No specific course of action was decided upon at the meeting. Bruce will update the Police
Commission as talks continue.
NO ACTION REQUIRED.
7. Review of existinl!: reportinl!: forms. discussion of alternative reportinl!: forms and means of
communicatinl!: the information to Council and Police Commission.
Dan Anselment and Dave Anderson reviewed the schedule with which the WCSD provides
activity reports to the City, and walked everyone through the City's 2006 annual report. Dan
added that there is nothing out of the normal regarding Monticello's crime rate, and that nothing
from the 2006 annual report indicates to him that the City needs to focus our attention more in
anyone area. Dan stated that Tom Moores, City Street Superintendent, had requested
information regarding crash hot-spots and that Dan told him there is a new Crash Management
Analysis Tool (CMA T) available through Mn/DOT that can be used to gather such information.
Bruce Westby stated that he knows how to access and use the CMA T software program and that
he will work with Tom to gather the information Tom requested. Dan said the WCSD will assist
the City in accessing local crash reports at any hot-spots that are identified.
NO ACTION REQUIRED.
8. Discussion of priority areas of law enforcement activities.
Dan Anselment reported that the WCSD is breaking their department up into Districts, and that
the City of Monticello will be a District unto itself with Sgt. Dave Anderson being the District
Commander. Dan recommended keeping an open dialogue going between City staff, the City
Council, WCSD staff and the Police Commission. As an example, Dan said WCSD staff meets
with the City of Otsego every 6-week's or so which is very helpful in keeping communication
lines open.
Jeff O'Neill said that the City is in the process of developing a Rental Housing Licensing
Ordinance to help ensure that rental properties in Monticello are maintained in decent, safe and
sanitary condition to protect the public health, safety and welfare of those living in the housing
and the neighborhood, and to ensure that rental properties do not become a disincentive to
reinvest in the community. Dan, Dave Anderson and Jim Roberts agreed that a rental ordinance
can be a great tool to do this and that other cities are developing and instituting them. Jim said
Golden Valley has such an ordinance and that he would provide a copy of their ordinance to Jeff.
Dan indicated that false service calls account for about 90% of the WCSD's calls in Monticello,
and that nearly one-third of the Fire Department's calls in Monticello are false calls. Dan
suggested that the City consider imposing civil penalties on those who make multiple and/or
frequent false calls. Dan said Otsego is doing this and that it is working to reduce false calls
there.
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Police Commission Meeting Minutes
February 28, 2007
Page 4
Dan said the WCSD develops their own priority list as best they can based on activity reports and
input from the City, and that they adjust these priorities on a continual basis.
Dan stated that when the WCSD tickets and tows vehicles they first inventory the contents of the
vehicle to protect them from false accusations of theft, and that they then wait for the tow truck
driver to arrive prior to leaving the scene. This can take up to an hour or more on a busy night so
Dan suggested that the City's snow plow drivers meet with the WCSD prior to next winter's
plowing season to help streamline this process and minimize delays.
Jeffmentioned that the City has discussed using a Community Service Officer (CSO) to tackle
some of the lesser duties that WCSD staff are now handling to relieve some of the burden from
the WCSD. Jeffindicated such duties could include parking enforcement and animal control
calls. Dan said a CSO can be effective and efficient if utilized properly, but there are things that
the WCSD are looking at doing to increase their efficiency as well. Dan suggested that opening
up the lines of communication as mentioned previously can help increase efficiency as much as
anything. Dan also said that collecting fines would not even come close to offsetting the costs
associated with hiring a CSO and prosecuting violators in court and as such contracting is more
cost-effective.
NO ACTION REQUIRED.
9. Adiourn.
MOTION WAS MADE TO ADJOURN BY BRAD FYLE AND SECONDED BY DAVE
GERARDS AT 9:45 P.M.
Following adjournment the next Police Commission meeting was scheduled for 7 p.m. on
Wednesday, May 16, 2007.
Bruce Westby
Recording Secretary
F:\BRCCE\CITY OF MONTrCELLO\COUNClLS & COMMISSIONSIPOLICE COMMISSrONlMTOMrN PC 2-2S-07.DOC
Police Commission Agenda: 5/16/07
3. Update on City purchase of speed trailer. (BW)
A. REFERENCE AND BACKGROUND:
This item is in follow-up to agenda item #4 from the February 28, 2007 Police Commission
meeting at which time the Police Commission recommended approval of purchasing a speed
trailer to the City Council up to a maximum of $9,000.
At the April 23, 2007 City Council meeting the Council approved a motion to purchase a
SMART Model 600 trailer-mounted speed monitoring device from Kustom Signals, Inc. in
the amount of$6,530, not including sales tax. This device has a 12" tall LED display,
removable trailer tongue, alarm system, cable axel lock and a statistical data package for
gathering traffic volume and speed data for analysis purposes. The City will also need to
purchase a data card reader to extract the data from the trailer's memory card at a cost of
about $150, bringing the total cost to about $6,680.
Following Council approval the City submitted a grant application in the amount of$I,500 to
Safe Communities of Wright County as discussed at the February 28th Police Commission
meeting.
This is an information item only and requires no formal action by the Police Commission.
B. SUPPORTING DATA:
Informational literature for SMART Model 600 from Kustom Signals, Inc.
Cost estimate for SMART Model 600 from Kustom Signals, Inc.
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SMART 600
Neighborhoods, school zones, construction sites and dangerous
roads could use a little help in promoting compliance with the
speed limit. But we realize officers can't be everywhere at once
and that's why we offer Sl"lART, a Speed (Vlonitoring Awareness
Radar Trailer that is towed to sites with speed-related problems
We offer muttlple modeLs with displays ranging from 12. to 36~
inches to meet your specific speed and traFfic-lane needs.
The SMART 600 includes a directional radar and a 12-inch
amber LED display with a Lexan@ non-glare finish For clear,
easy readability even in direct sunlight and automatic intensity
adjustment to ambient light conditions. Over.speed blanking is
also included.
Optional upgrades inctude a tamper alarm, violator alert, trafFic
statistics computer, removable hitch and a trailer cover
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Quotation
Date 04/11/2007
To... TOM MOORES
MONTICELLO POLICE DEPT
505 WALNUT ST / STE #1
Pa~e 1 of I
CO.b~
MONTICELLO MN 55362
Quote # 99696620865205
Terms Net 30
This Quote Expires on
Pbone 763-271-3223
Fax 763-295-4404
07/1012007
un: Product Descrintion UnitPrice SubTotal
I SMART 600 (12" DISPLAY. ONL Y RACK FOLDS DOWN) $4,995.00 $4,995.00
REMOVABLE TRAILER TONGUE $250.00 $250.00
SHIPPrNG & HANDLING $325.00 $325.00
ALARM SYSTEM $195.00 $195.00
SOFTWARE STATISTICAL PACKAGE - FLASH CARD $700.00 $700.00
CABLE AXEL LOCK $65.00 $65.00
Total
$6.530.00
. Applicabte Sales Tax Not Included
Signature
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Police Commission Agenda: 5/16/07
4. Update on action taken per MnIDOT's School Boulevard Speed Study. (BW)
A. REFERENCE AND BACKGROUND:
This item is in follow-up to agenda item #5 from the February 28, 2007 Police Commission
meeting at which time the Police Commission recommended revising the speed limits on
School Boulevard per the findings ofMn/DOT's Speed Study once the conditions as outlined
in the January 22" memo from Mn/DOT's District 3 Traffic Engineer to the Assistant State
Traffic Engineer were met. These conditions called for the City to review the existing traffic
control devices along School Boulevard to make sure there would be no conflicts between
the proposed speed signs and any existing traffic control devices left in place, and to make
sure all curves and hazards are appropriately signed. In addition, the City must first receive
written authorization from the State Traffic Engineer before revising the posted speeds as
recommended in the Speed Study.
At present the City has not yet received any written authorization from the State allowing us
to revise the posted speeds on School Boulevard, and the City has not yet reviewed the
existing traffic control devices along School Boulevard per MnlDOT's recommendation. By
the end of May the City plans on reviewing the affected corridor of School Boulevard to see
if any additional hazard signing is required and to make sure all existing traffic control
devices will not be impacted by the installation of the revised speed limit signs. The City
will also call the State to see when we can expect to receive written authorization to revise
the posted speeds on School Boulevard. Once these items are addressed staff will then revise
the posted speeds as recommended in Mn/DOT's Speed Study.
This is an information item only and requires no formal action by the Police Commission.
B. SUPPORTING DATA:
None.
Police Commission Agenda: 5/16/07
5. Update on TH 25 traffic study. (BW)
A. REFERENCE AND BACKGROUND:
This item is in follow-up to agenda item #6 from the February 28, 2007 Police Commission
meeting which required no Police Commission action.
Since the previous meeting MnlDOT and the City have discussed how we can work together
to best complete a traffic study along TH 25 through Monticello, including which agency can
contribute which services in order to complete the study. According to MnlDOT they will be
collecting traffic data on TH 25 in Sherburne County this summer and they have offered to
extend their data collection services across the river into Wright County in order to collect
traffic volume data on TH 25 through Monticello, as well as on CSAH 75/Broadway Avenue
and a few of our heavier traveled side streets as they approach TH 25. MnlDOT has also
offered to supply the City with their most recent traffic model, which the City's consulting
traffic engineer can then update using their data.
The updated traffic model can be used to analyze what the effects of eliminating, instituting
or rearranging various traffic control devices along TH 25 may be. The City hopes to have
an updated model completed before the end of summer.
This is an information item only and requires no formal action by the Police Commission.
B. SUPPORTING DATA:
None.
Police Commission Agenda: 5/16/07
6. City-Wide Pedestrian Crosswalk Improvement Proiect. (BW)
A. REFERENCE AND BACKGROUND:
The City has been receiving more frequent complaints lately from residents concemed about
their safety while using pedestrian crosswalks within the City. In response to these concerns
the City is in the process of reviewing the signing, striping and lighting used at our current
crosswalks city-wide, and is researching what additional treatments, if any, may help provide
pedestrians with a safer crossing environment. Once this research is complete staff will bring
the results ofthis research before the City Council and request approval to prepare a
feasibility study addressing a city-wide pedestrian crosswalk improvement project.
This is an information item only and requires no formal action by the Police Commission.
B. SUPPORTING DATA:
None.
Police Commission Agenda: 5/16/07
7. Update on development and implementation of Rental Housinl! License Ordinance.
(BW, GA)
A. REFERENCE AND BACKGROUND:
As stated by Jeff O'Neill at the February 28, 2007 Police Commission meeting, the City of
Monticello is in the process of developing a Rental Housing License Ordinance. Gary
Anderson, Chief Building Official, led the way in developing this ordinance and will be in
attendance at the meeting to review key items in regards to the development of this
ordinance, and to address any questions that the Police Commission may have.
City staff plans on bringing this ordinance to the City Council for approval on May 29, 2007.
This is an information item only and requires no formal action by the Police Commission.
B. SUPPORTING DATA:
Draft copy of Rental Housing License Ordinance.
.
ORDINANCE NO.
DII4~,.
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE ESTABLISHING
RENTAL HOUSING LICENSE PROVISIONS
THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA, ORDAINS:
SECTION 1. The following Chapter 16 shall be added to Title 3 of the Code ofthe City of
Monticello.
3-16-1
3-16-2
3-16-3
3-16-4
3-16-5
3-16-6
3-16-7
3-16-8
3-16-9
3-16-10
3-16-11
3-16-12
3-16-1:
CHAPTER 16
RENTAL HOUSING LICENSE PROVISIONS
PURPOSE
APPLICABILITY; SCOPE
ADOPTION OF PROPERTY MAINTENANCE CODE
DEFINITIONS
ENFORCEMENT OFFICER
RESPONSIBILITY OF OWNER (LANDLORD)
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 ofthe 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 of rental
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
130189
1
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.
3-16-2:
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 Minnesota
Department of Health licensed rest homes; convalescent care facilities; nursing homes; hotels;
motels; or owner-occupied units.
3-16-3:
ADOPTION OF PROPERTY MAINTENANCE CODE.
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 ofthe City Code.
3-16-4:
DEFINITIONS.
"Chief Building OjJiciaf' means the Chief Building Official or designated agent.
"City" means the City of Monticello.
.
"City Administrator" means the City Administrator or the City Administrator's designated agent.
"Multiple Family Dwelling" 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, containing one or more units
used or intended to be used for residential rental purpo ses.
"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.
2
130189
3-16-5:
ENFORCEMENT OFFICER.
The City's Chief Building Official is authorized and directed to enforce all provisions of this
Chapter. The Chief Building Official may designate other City Employees to enforce the.
provisions of this Chapter.
3-16-6:
RESPONSIBILITY OF OWNER (LANDLORD).
(A) OWNER RESPONSIBILITY. Every owner of a rental dwelling is
responsible for violations of duties and obligations imposed by 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 the rental dwelling 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 owner of a rental dwelling shall have
all rubbish, garbage and waste stored and disposed of in a clean, sanitary
and safe manner.
(D) OBTAIN LICENSE: The owner must obtain a license and pay all license
fees as required by this Chapter before the rental dwelling may be rented.
3-16-7:
GENERAL LICENSING PROVISIONS.
(A) LICENSE REQUIRED. It is unlawful to own or 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. Ifthe 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.
(B) LICENSE APPLICATION. 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. legal address of the rental dwelling;
3. the type and number of units within the rental dwelling; and
3
130189
4
4. 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 owner must submit
the required fee along with the application for a new or renewal license.
Applications for a renewal license submitted after December 31 are
subject to an additional late fee, which shall be determined from time to
time by the City Council.
(D) LICENSE PERIOD. The initial license period begins on
and ends on March 14th, 2009. Thereafter, the
license period is for one year and runs from March 15th to March 14th.
The license must be renewed annually. All rental dwellings existing as of
the effective date of this Ordinance shall apply for the initial license by
(E) LICENSE ISSUANCE.
1. Preliminary Inspection and Investigation. Prior to issuing an initial
license, the Chief Building Official will inspect the rental dwelling
to determine compliance with this Chapter, the City Code and the
International Property Maintenance Code. The Chief Building
Official will review the application for completeness. All real
estate taxes and municipal utilities must be paid and current.
2. Compliance Order. As to any rental dwelling existing as of the
effective date of this Ordinance, if the rental dwelling is not in full
compliance with paragraph (1), the City may issue the initial
license and provide the owner with a compliance order pursuant to
Section 3-16-10.
(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) TRANSFER OF LICENSE. Licenses are transferable. Any changes in
the ownership of the rental dwelling require submittal ofapplication and
payment oflicense transfer fee.
(H) REGISTER OF OCCUPANCY. The owner shall keep a current register
of occupancy for each rental dwelling. This register of occupancy may be
130189
3-16-8:
3-16-9:
130189
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.
INSPECTIONS.
(A) ROUTINE LICENSE INSPECTIONS. After the initial inspection and
issuance of the initial license, the owner ofa rental dwelling shall permit
access by the City to perform a minimum of one inspection every two
years ofthe common space and every dwelling unit. The Chief Building
Official may perform or require additional inspections if deemed
necessary by the Chief Building Official 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) RESPONSE TO COMPLAINTS. The Chief Building Official shall
respond to complaints of violations of this Chapter. A complaint may be
cause for a complete inspection of a unit or building. If an inspection is to
be made, the Chief Building Official shall notify the owner/tenant of the
inspection. If there are violations, the Chief Building Official shall notify
the owner/tenant pursuant to 3-16-10 to correct the problem which
prompted the complaint. The cost ofthe inspection shall be paid by the
owner if the City's inspection reveals actual deficiencies as described by
the occupant, and the payment of such cost shall be a condition of license
renewal.
CONDUCT ON LICENSED PREMISES.
(A) OWNER RESPONSIBLE. It shall be the responsibility of the owner to
see that persons occupying the rental dwelling conduct themselves in such
a manner as not to cause the premises to be disorderly. 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;
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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 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 Title 7, Chapter 1, relating to nuisances.
9. Violation of City Code Title 5, Chapter 4, relating to recreational
fifes.
10. Violation of City Code Title 6, Chapters 2 and 3, relating to animal
control.
(B) FIRST VIOLATION. Upon determination by the ChiefBui1ding Official
that a licensed premises was used in a disorderly manner, as described in
paragraph (A) of this section, the Chief Building Official must give notice
to the licensee ofthe violation and direct the licensee to take steps to
prevent further violations.
(C) 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 (B)ofthis section was given, the Chief Building Official
must notify the licensee of the violation and must also require the licensee
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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 Chief Building Official within five
days of receipt of the notice of disorderly use ofthe 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.
(D) THIRD VIOLATION.
1. 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 Chief 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 of this 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 such 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.
(E) 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 ofthe 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 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 0 f disorderly use.
(F) 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
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criminal charges be brought 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.
(G) SERVICE OF NOTICES. All notices given by the City under this section,
at the City's option, may be either personally served on the licensee, sent
by regular mail to the licensee at the address listed on the application, or
by posting on a conspicuous place on the licensed premises.
(H) 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.
CONDITION OF LICENSED PREMISES.
(A) COMPLIANCE ORDER. Whenever the Chief Building Official
determines that the condition of any rental dwelling or the premises
surrounding it fails to meet the provisions ofthis 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; and
4. Be served upon the owner either personally or by certified mail. A
copy of the compliance order may also be provided to the
occupants of the rental dwelling.
(C) LICENSE ACTION. Ifthe violations listed in the compliance order are
not remedied by the owner within the specified time given in the 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 of the rental
dwelling. The proposed action by the City shall be heard by the City
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Council pursuant to the procedure set forth in Section 3-16-11 ofthis
Chapter.
(D) APPEAL. When it is alleged by the owner that the compliance order is
based upon the erroneous interpretation ofthis Chapter, other applicable
City Code provisions or the International Property Maintenance Code, the
owner 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 3-16-11 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.
(A) SCHEDULING OF HEARING. If the City makes a determination that it
will be denying, suspending, revoking or not renewing a license pursuant
to Sections 3-16-9 or 3-16-10 ofthis Chapter, or if the owner is appealing
the compliance order pursuant to Section 3-16-10 ofthis 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 orreceipt ofthe owner's notice of appeal ofa compliance order.
(B) 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 shall have the opportunity to
address the City Council at the hearing.
(C) FINDINGS. After the hearing is concluded, the City Council shall make
its decision on whether to uphold the compliance order or to revoke,
suspend, deny or not renew the license or impose an administrative fme.
(D) NO OCCUPANCY. If a license is revoked, suspended, denied or not
renewed by the City Council, it shall be unlawful for the owner to
thereafter permit the occupancy of the rental dwelling or the unit. A
notice of the 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.
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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.
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SECTION 2. EFFECTIVE DATE. This ordinance shall be effective upon passage and
publication and shall apply to all new and existing rental dwellings.
ADOPTED by the Monticello City Council this _ day of
,2007.
CITY OF MONTICELLO
By:
Clint Herbst, Mayor
ATTEST:
Jeff O'Neill, City Administrator
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