ITEM: 10.8 CONSENT AGENDA- Chris Olson, Safety Services Manager
SECOND READING
Title
AN ORDINANCE AMENDING CHAPTER 18, ARTICLE X - LICENSES FOR RENTAL DWELLINGS, CITY OF BLAINE CODE OF ORDINANCES
Background
In 2007 the rental dwelling licensing requirements were expanded to include single family attached and detached dwelling units. In order to accomplish this, the requirements for licensing rental dwellings were removed from Article VIII - Residential Maintenance Code and a new Article X - Licenses for Rental Dwellings was written and ultimately adopted by Council.
Since the adoption of this new article several issues have been identified with the separation of the license requirements from the maintenance code, which has lead to some problems with enforcement. Staff believes that with a few minor housekeeping changes these issues can be corrected. The following are the general areas that need addressing:
1. Minor changes to the definition section in both Article VIII and X.
2. Linking both Article VIII and X together.
3. Reinstating language for a Resident Agent which was previously in the code.
Schedule of Actions
City Council (1st Reading) |
(03/01/2012) |
City Council (2nd Reading) |
(03/15/2012) |
|
|
Recommendation
By Motion, adopt the ordinance.
Body
THE CITY OF BLAINE DOES ORDAIN: (Added portions are underscored and deleted portions are shown in brackets with overstrike.)
ARTICLE X. LICENSES FOR RENTAL DWELLINGS
Sec. 18-501 License required; definitions.
Rental dwelling means any structure or portion thereof which is designated or used for residential occupancy by one or more persons who are not the owner or a member of the owner's family. Rental dwelling includes commercial living facilities, not governed by state licensing requirements.
Family means one or two persons or parents, with their direct lineal descendents and adopted or legally cared for children together with not more than two persons not so related, living together in the whole or part of a rental dwelling compromising a single housekeeping unit.
Sec. 18-503. - License issuance.
(a) The city shall may issue a license in its discretion if the building and the application are found to be in compliance with the provisions of this article and with the Residential Maintenance Code set forth in Chapter 18, Article VIII, of this Code, provided that all real estate taxes and municipal utility bills for the premises have been paid. Real estate taxes will not be considered to be unpaid for purposes of this section while a proper and timely appeal of such taxes is pending.
(b) No license shall be issued or renewed for a nonresident owner of a rental dwelling (one who does not reside in any of the following Minnesota counties: Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, Washington, Sherburne, Isanti, or Chisago and some locations immediately into the State of Wisconsin), unless such owner designates in writing to the city inspector the name of such owner's resident agent, (who also needs to reside in the above-noted locations ) who is responsible for maintenance and upkeep and who is legally constituted and empowered to receive service of notice of violation of the provisions of the city ordinances, to receive orders and to institute remedial action to effect such orders and to accept all service or process pursuant to law. The city inspector shall be notified in writing of any change of resident agent. This requirement may be waived if, in the city inspector's determination, the owner not living in one of the above specified counties is nonetheless sufficiently accessible for the purposes of this article.
INTRODUCED AND READ in full the 1st day of March, 2012.
PASSED by the City Council of the City of Blaine the 15th day of March, 2012.