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City Council Ordinance 611ORDINANCE NO. 611 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING THE MONTICELLO CITY CODE, TITLE 3, CHAPTER 16 — RENTAL HOUSING LICENSING AS RELATED TO LICENSING PROVISIONS, ISSUANCE, AND INSPECTIONS IT IS HEREBY ORDAINED BY the City Council of the City of Monticello, Minnesota: Section 1. Title 3, Chapter 16 — Rental Housing Licensing, Section 6 shall be shall be amended as follows: 3 -16 -6: GENERAL LICENSING PROVISIONS (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; awd 4. The type of structure to be licensed (i.e., single- family, duplex, Multi - Family); and S. Pursuant to Minn. Stat. 270C. 72, subd. 4, the owner's Social Security number and /or Minnesota business identification number. (E) LICENSE ISSUANCE. 1. Preliminary Inspection and Investigation. Prior to issuing an initial license, the Chief Building Official WU ' will seek consent from the owner for an inspection of the rental dwelling and conduct an inspection 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. ORDINANCE NO. 611 Section 2. Title 3, Chapter 16 — Rental Housing Licensing, Section 7 shall be shall be amended as follows: 3 -16 -7: INSPECTIONS (A) ROUTINE LICENSE INSPECTIONS. years of the eommon spaee and every divegMg unit. The GhiefBugding Offieial may perform or 19 . Mitional inspee&ns if deemed No operating license may be issued or renewed unless the City determines, following an inspection conducted pursuant to this section, that the dwelling unit complies with this Code. The owner of a dwelling unit shall contact the Chief Building Official or his or her agents to arrange an inspection at a reasonable time. The Chief Building Official and his or her agents are authorized to conduct an inspection provided the owner or tenant consented to said inspection. A rental dwelling unit, including any common space areas, must be inspected a minimum of one time every two years. Nothing shall prohibit the City from requesting additional inspections if deemed necessary or if requested by a tenant of a rental dwelling unit. 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/ or tenant of the inspection and request permission to inspect from the owner or tenant. If the owner or tenant does not consent, the City may pursue an administrative search warrant to conduct the inspection, unless a lawful exception to conduct an inspection without a warrant exists. If there are violations, the Chief Building Official shall notify the owner/ or tenant pursuant to 3-16-9 to correct the problem which prompted the complaint. The cost of the 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. (C) RIGHT TO REFUSE ENTRY. The owner, occupant, tenant, or person in charge of any property or rental unit possesses the right to deny entry to any unit or property by the Chief Building Official for purposes of compliance with this chapter. However, nothing in this chapter shall prohibit the Chief Building Official from asking permission from an owner, occupant, tenant or person in charge of property for permission to inspect such property or rental unit for compliance with this chapter ORDINANCE NO. 611 and all other applicable laws, regulations and codes. Nothing in this chapter shall prohibit the City of Monticello from seeking a search warrant or from entering a property or rental unit if a lawful exception to the warrant requirement exists. (D) SCOPE OFINSPECTION. Neither the City of Monticello nor any employee thereof assumes liability for the accuracy or quality of any property inspected pursuant to this chapter at the request of the owner. The issuance of a, rental license shall not be construed to represent a warranty or guarantee by or on behalf of the City of Monticello nor shall the issuance of any certificate, license or approval be construed to imply or warrant that a unit or property is: safe or free of any dangers or hazards to the occupants or general public; free and clear of any violations of this chapter or any other laws, regulations or codes; free and clear of any defects. The issuance of any rental license shall not be construed to represent any warranties or guarantees by or on behalf of the City of Monticello, nor shall the issuance of any certificates or approvals be construed to imply that the property is: 1. Completely safe or free of any dangers or hazards to the occupants or general public. 2. Completely free and clear of any violations of this chapter or any other codes. 3. Completely free and clear of any defects related to any structural, fire protection, fire prevention, building utilities or any other features of the property. Section 3. The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official Monticello City Code, and to renumber the chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations that result from said renumbering process, provided that such changes retain the purpose and intent of the Monticello City Code as has been adopted. Section 4. This Ordinance shall take effect and be in full force from and after its passage and publication. The ordinance in its entirety shall be posted on the City website after publication. Copies of the complete City Code are available online and at Monticello City Hall for examination upon request. ORDINANCE NO. 611 ADOPTED BY the Monticello City Council this 9th day of February, 2015. CITY OF M CELLO Brian Stumpf, May ATTEST: JeffWgM, City Administrator VOTING IN FAVOR: Stumpf, Gabler, Hilgart, Perrault, Posusta VOTING IN OPPOSITION: None