1/21/2020 - City Council - Work Session - AgendasSPRING PARK
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CITY OF SPRING PARK
WORK SESSION AGENDA
JANUARY 21, 2019 — 6:00 PM
SPRING PARK CITY HALL
(Work Session discussion times are approximate)
1. 6:00 - RENTAL ORDINANCE DISCUSSION
a. Exhibit A: Long -Term Rental Ordinance
b. Exhibit B: Short -Term Rental Ordinance
c. Exhibit C: International Property Maintenance Code jPMC) Ordinance
d. Exhibit D: Tiered Property Rating System
2. 6:40 — FEBRUARY/MARCH MEETING SCHEDULE & COUNCIL APPOINTMENTS
3. 6:55 — ADJOURN
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Draft 8127119
CITY OF SPRING PARK
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2019 —
AN ORDINANCE AMENDING CHAPTER 12 (BUSINESSES) TO ADD ARTICLE V.
(RENTAL HOUSING) SECTION 250-264 OF THE SPRING PARK CITY CODE
THE CITY COUNCIL OF THE CITY OF SPRING PARK, MINNESOTA
ORDAINS AS FOLLOWS:
Section 1. Article V. (Rental Housing) Section 250-264 is hereby added to
Chapter 12 (Businesses) to read as follows:
Sec. 12-250. - Statement of policy.
(a) The City believes that promoting the public health, safety and welfare of its citizens
mandates the existence of a rental dwelling unit registration permit and maintenance
program that corrects substandard conditions and maintains a standard for rental
dwelling units. It is the purpose of this article to assure 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 dwelling units is a business enterprise that entails certain
responsibilities. Operators are responsible to take such reasonable steps as are
necessary to assure that the citizens of the City who occupy such units may pursue the
quiet enjoyment of the normal activities of life in surroundings that are: safe, secure
and sanitary; free from crimes and criminal activity, nuisances or annoyances.
(b) This article shall apply to all dwelling units that are leased in whole or in part as a
rental dwelling unit for 30 consecutive days or more, including single-family and two-
family townhomes or multiple family housing. It also shall apply to accessory
structures such as garages and storage buildings and appurtenances such as sidewalks
and retaining walls, which are on the property. This article does not apply to
Minnesota Department of Health licensed rest homes, convalescent care facilities,
residential group homes licensed by the state, nursing homes, hotels or motels, having
up to two roommates in an owner -occupied dwelling, or owner -occupied dwelling
units.
Sec. 12-251. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Apartment building means, any building or portion thereof that contains three or more dwelling
units, sleeping rooms, or a combination thereof but not including condominiums or townhomes.
Building official means the building official for the City, or his/her designee.
City shall mean the city of Spring Park, Minnesota.
City administrator means the city administrator of the Cit is designee.
City council means the city council of the City.
Condominium means a single dwelling unit in a multi -dwelling un ilding that is separately
owned and may be combined with an undivided interest in the commorfi`eas and facilities of the
property. Each individual owner may sell or encumber his/her own unit.
Dwelling unit means any building or portion thereof that contains living facilities, including
provisions for sleeping, eating, cooking and sanitation, for not more than one family.
Dwelling, single-family means a building or portion thereof containing one dwelling unit. For
purposes of this article, a single-family dwelling includes a free standing single family residence,
a single dwelling in a cooperative, an individual condominium or townhouse, a single dwelling
unit in a non-residential structure or a dwelling unit offered for rent in a duplex in which the owner
occupies the other dwelling unit.
Dwelling, two-family means a building containing two dwelling units.
Efficiency means a dwelling unit containing only one habitable room plus private bathroom
facilities within the unit.
Family means one or more persons each related to the other by blood, marriage, adoption, or foster
care, or a group of not more than three persons not so related maintaining a common household
and using common cooking and kitchen facilities.
Lease means an oral or wn' ten, formal or informal, agreement between a dwelling unit owner and
a tenant for temporary use of a rental dwelling unit, usually in exchange for payment of rent.
Owner means any person, agent, operator, firm or corporation having a legal or equitable interest
in the property or the rental dwelling unit; or recorded in the official records of the state, county
or municipality as holding title to the property; or otherwise having control of the property or rental
dwelling unit, including the guardian of the estate of any such person, and the executor or
administrator of the estate of such person if ordered to take possession of real property by a court,
or any person representing the actual owner or holding a valid rental registration permit from the
city.
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Rent means the consideration paid by a tenant to the owner of a rental dwelling unit for temporary
and exclusive use of the rental dwelling unit by the tenant. The consideration is not limited to cash.
Rental dwelling unit means a dwelling unit or sleeping room occupied and leased by one or more
tenants.
Rental registration permit means the formal approval of an activity specified on the rental
registration certificate issued by the city.
Roommate means a person unrelated to the owner of the property, who shares living of the common
quarters for longer than 30 consecutive days within a homesteaded and owner -occupied property.
Sleeping room means any room or rooms used or intended to ;be used by a tenant for sleeping
purposes with or without meals and not licensed by the Minnesota Department of Health.
Tenant means any adult person granted temporary use of a rental dwelling unit or sleeping room
pursuant to a lease with the owner of the rental dwelling unit.
Townhouse means a single-family dwelling constructed in a group of dwellings attached to each
other and where each dwelling unit extends from the foundation to the roof and is separated from
other dwelling units by property lines.
DIVISION 2. REGISTRATION PERMIT.
Sec. 12-252. - Required.
No person shall operate, let or cause to be let a rental dwelling unit which has not been properly
registered by the.city. A registration permit must be obtained for each residential dwelling unit
excep � or more -residential dwelling units located within a single building and having a
Comm ?' caner and a co`l ton property identification number shall require only a single permit.
Upon rec*t•,.of the propeiv, executed initial application for a rental registration permit, the
applicant shall cause an inspecuion to be made of the rental dwelling unit(s) by the building official
to determine whether the unit( is/are in compliance with all code requirements and the laws of
the State of Minnesota. If compliance is determined, the City shall issue a registration permit.
Every rental dwelling unit shAl be re -inspected upon submission of a renewal application, as
required by this article, to determine if it still conforms to all applicable codes and laws.
Sec. 12-253. - Application.
A registration permit application shall be submitted to the city administrator on forms furnished
by the city and must contain all information contained thereon, including the following:
(a) Name, address, and telephone number of the owner of the rental dwelling unit(s). This
is the address to which the city will send all future correspondence. The applicant shall
indicate if the owner is an individual, corporation, partnership or sole proprietorship;
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(b) Name, address, and telephone number of any owner's agent responsible for the
management of the rental dwelling unit(s), if applicable;
(c) Legal address of the rental dwelling unit(s) and, for apartment buildings or
condomoniums, the unit numbers for reach rental dwelling unit; and
(d) Number and type of rental dwelling units by bedroom count (efficiency, one bedroom,
two bedrooms, etc.).
Sec. 12-254. - Changes in Ownership and Amended PerWts..
A registration permit is not assignable. Any changes occurrinjt, *,the ownership of a rental
dwelling unit(s) require a new registration permit. The new owner nr t obtain a new registration
permit within 30 days of acquiring the property if continuing to opei* =a rental dwelling unit
thereon. If any changes occur in any information required on the registration application, the owner
must submit an amended registration application to the city within 30 days di the change. If any
rental dwelling units are added to a current registration permit, the additional rental dwelling units
must be registered by amendment of the current registration permit and must be accompanied by
the fee required for the additional units.
Sec. 12-255. — Registration Permit Duration.
All rental dwelling units shall be registered before being let, in whole or in part; provided, however,
that all rental.dwelling units that are leased and occupied by tenants as of the effective date of this
ordinanc ='s WI be registered no later than April l ", 2020. The first registration permit assigned to
a rent 0 erty wi1116e'a 2-year term and upon first renewal, the term length shall be determined
by the "'ding inspector eased on condition of the rental property and the city's Tiered Rental
Housingection PrograRegistration permits will expire at midnight on April 1st of the
assigned year.*Vgistration permits must be renewed at least 30 days prior to the expiration of the
current permit. Rotal dwelling*is must be registered as an efficiency, a single-family dwelling,
a two-family dweltiri#or an apartment building. Any unregistered rental dwelling units are subject
to penalties as provid4in this`'rticle or elsewhere in state or local law.
Sec. 12-256. - Fees.
A registration fee and per -unit inspection fee shall be adopted by the city council and included in
the city's official fee schedule. All required fees must accompany the registration application and
shall double when an application renewal is received more than 30 days after it was due.
Sec. 12-257. - Inspection.
Upon receipt of an application for a registration permit or renewal, the building official shall
coordinate an inspection to ensure compliance with this article. The building official shall provide
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reasonable notice to the owner or the owner's agent as to the date and time of the inspection. Each
occupant of a rental dwelling unit shall give the owner, or the owner's agent, access to any part of
such rental dwelling unit at reasonable times for the purpose of effecting the inspection,
maintenance, repairs or alterations as are necessary to comply with the provisions of this article.
If any owner, owner's agent or tenant of a rental dwelling unit fails or refuses to permit entry to
the rental dwelling unit under his/her control for an inspection pursuant to this article, the city may
obtain an administrative warrant authorizing such inspection. Any city costs associated with
obtaining a search warrant will be charged against the property being served. Upon inspection, the
proposed rental property shall adhere to the following:
(a) The Minnesota State Building Code, including mechanical, electrical, plumbing and
other building systems, and previously constructed or installed components must be
maintained in conformance with the requirements of the codes in effect at the time of
construction or installation; and;
(b) All other requirements of other sections of this code, including, but not limited to,
zoning, fire, building, and nuisances, and the International Property Maintenance
Code; and
In cases where a conflict may occur between any two or more code requirements, the requirements
providing the greatest degree of life safety, property maintenance and general welfare to the City
shall govern. If re -inspections are necessary to determine compliance, the applicant shall pay a re -
inspection fee, as adopted by the city council.
Sec. 12-258. - Issuance of Permit.
The City shall issue a registration permit if the rental dwelling unit(s) and the application are found
to be compliance nth the provisions of this article and all required registration and inspection
fees arr6-jid. A registration permit will be issued for each residential dwelling unit except, two
or more rm —ntial dwelling units located within a single building and having a common owner
and a comm property identification number shall be issued a single registration permit. Rental
registrations sh "be conspicuously posted in all rental properties sharing a common entrance used
by two or more rei W dwelling units and the owner or agent for the owner must be able to present
the registration permit if asked Ito do so.
Sec. 12-259. — Inspections and Investigations in Response to Complaint.
All inspections will be completed by the Building Inspector or his or her designee so as all
inspections will be completed in a uniform manner.
(a) Initial inspections of all registered properties will occur within the first year after
adoption of this chapter. Properties will have a scheduled re -inspection on a
schedule to be determined by the City Administrator or his or her designee. All
properties shall be inspected by the city based on the City of Spring Park's Tiered
Rental License Inspection Program. The city shall have the right to make periodic
inspections of all properties based on complaints of landlords; tenants, neighbors
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or other individuals. Inspection procedures for complaints should be as
follows:
(1) Tenant complaint procedure.
a. Tenant verbally notifies the owner of the property of a property complaint;
b. Tenant notifies property owner in writing to describe the complaint;
c. If owner does not respond and address the problem within a reasonable
period, tenant may send a copy of the owner notice to the city to report the
deficiency;
d. City Inspector arranges to inspect the rental unit; and
e. City Inspector notifies'the gwner in writing describing the deficiency and
recommended corrective action, and schedule for needed corrections.
(2) Owner complaint procedure.
a. Owner of the property verbally notifies -the tenant of property complaint;
b. Owner of the property notifies, tenant in writ to describe the complaint;
c. If tenant does not respond and address the problem within a reasonable
period, owner may send a copy of the tenant notice to the city to report the
deficiency;
d. City Inspector arranges k inspect the rental unit; and
e. City Inspector notifies the tenant in writing describing the deficiency and
recommended corrective action, and schedule for needed corrections.
All inspections shall follow Sec. 12-257 or Sec. 12-259 of city code.
Sec. 12-260. — Revoking, Suspending, Denying or Not Renewing a Registration Permit.
(a) The city council may revoke, suspend, deny or decline to renew any registration permit
issued under this article by following the process contained in this section. In buildings
containing more than one rental dwelling unit, the revocation, suspension, denial or
declination may apply to one or more rental dwelling units at the reasonable discretion
of the city council. The basis for such revocation, suspension, denial or non -renewal
may include, but shall not be limited to, any of the following circumstances:
(1) The registration permit was procured by misrepresentation of material facts
with regard to the rental dwelling unit or the ownership of the rental dwelling
unit.
(2) The applicant or one acting in his/her behalf made oral or written
misstatements accompanying the application.
(3) The applicant has failed to comply with any condition set forth in any other
permits granted by the city.
(4) The activities of the owner related,to any rental dwelling unit create or have
created an unreasonable danger to the public health, safety or welfare.
(5) The rental dwelling unit contains conditions that might injure or endanger
the safety, health or welfare of any member of the public.
(6) Failure to pay any application fee or r tement fee required by this
article.
(7) Failure to corr any cod s in , 'me period specified in the
notice of violation.
(8) Any violation of this article or any other state or local law related to the rental
dwelling unit(s).
(9) Failure to continuously comply with any condition required of the applicant
for the approval or maintenance of the registration permit.
(b) Fines. In lieu of or in addition to revoking or suspending a registration permit for
violations of this article, the city in its sole discretion may impose a civil fine pursuant
to and in accordance with Spring Park City Code, section 1-14.
(c) Notification. The city shall notify the owner or the owner's agent in writing of the
basis for a revocation, suspension, denial or non -renewal and the date upon which the
city council will review a recommendation to revoke, suspend, deny, or not renew the
registration permit. The notice required by this section shall be mailed to the owner or
the owner's agent at least 10 days before the city council hearing. Service shall be
deemed sufficient if the notice is sent to the owner or the owner's agent by first class
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mail at the address provided in the registration application.
(d) Hearing. The owner or the owner's agent shall be given an opportunity to be heard
during the city council hearing. The city council shall hear all relevant evidence and
arguments and shall review all statements, documents, and other evidence submitted.
(e) Decision. The city council shall make findings based on the evidence presented and
shall make a decision on the recommendation to revoke, suspend, deny, or not renew
a registration permit based on the findings. The city council shall issue a written
decision within 30 days following the date of the hearing and shall notify the owner
of the decision by first class mail. The decision shall specify the rental dwelling unit
or units to which it applies. Thereafter, and until a registration permit is reissued or
reinstated, no rental dwelling units that have had their rental registration permit
revoked, suspended, denied, or non -renewed may be let or occupied by tenants.
Revocation, suspension, denial, or non -renewal of a registration permit shall not
excuse the owner from compliance with all terms of this article for as long as any
rental dwelling units in the building are occupied.
(f) Permit Process after Revocation, Suspension, Denial or Renewal Declination. After
the city council revokes, suspends, denies or declines to renew a registration permit,
no registration permit will be issued for the affected rental dwelling unit(s) until the
city determines that the applicant/owner has remedied the conditions identified by the
city council as the basis for its action. An application to obtain a registration permit
for a rental dwelling unit after the city council has revoked, suspended, denied or
declined to renew a registration permit for the same rental dwelling unit(s) must be
accompanied by all fees required by this article.
Sec. 12-261. — Effect of Revocation, Suspension, Denial or Non -Renewal.
If a registration permit 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 then
vacant or, thereafter vacated, rental dwelling unit(s), until such time as a valid rental registration
permit is obtained for the rental dwelling unit(s). Issuance of a new registration permit after
revocation, suspension, denial or non -renewal shall be made in the manner provided for in this
article.
Sec. 12-262. - Posted to Prevent Occupancy.
Whenever any rental dwelling unit has been denied an initial registration permit, had its
registration permit revoked, suspended, denied or not renewed, it may be posted by the building
official to prevent further occupancy. No person other than the building official shall remove or
alter any posting. The building official may post the date the rental dwelling unit shall be vacated,
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and no person other than the owner shall reside in, occupy or cause to be occupied that rental
dwelling unit.
Sec. 12-263. — Penalties.
Any person who violates any of the provisions of this article shall, upon conviction thereof, be
fined not more than the maximum penalty for a misdemeanor prescribed under State law. The
building official may post the rental dwelling unit by appropriate signs or notices prohibiting
occupancy and may act to cause the rental dwelling unit to be vacated or remain vacant until the
code violations are corrected.
Sec. 12-264. — No Warranty by City.
By enacting and undertaking to enforce this code, the city, city council, its agents, and/or
employees do not warrant or guaranty the safety,, fitness or suitability of any dwelling in the city.
Owners and tenants should take whatever steps they deem appropriate to protect their interests,
health, safety and welfare.
Section 2. Effective Date. This ordinance shall be in full force and effective
immediately upon its passage and publication.
ADOPTED by the City Council of Spring Park this day of , 2019.
ATTEST:
By:
Theresa Schyma, City Clerk
CITY OF SPRING PARK
0
Jerome Rockvam, Mayor
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Draft 8127119
CITY OF SPRING PARK
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2019 —
AN ORDINANCE AMENDING CHAPTER 12 (BUSINESSES) TO ADD ARTICLE VI.
(SHORT-TERM RENTAL HOUSING) SECTION 270-275 OF THE SPRING PARK CITY
CODE
THE CITY COUNCIL OF THE CITY OF SPRING PARK, MINNESOTA
ORDAINS AS FOLLOWS:
Section 1. Article VI. (Short -Term Rental Housing) Section 270-275 is hereby
added to Chapter 12 (Businesses) to read as follows:
Sec. 12-270. — Statement of Policy.
(a) The City believes that promoting the public health, safety and welfare of its citizens
mandates the existence of a limited short-term rental licensing and maintenance program
that corrects substandard conditions and maintains a standard for short-term rental housing.
It is the purpose of this article to only allow short-term rental housing in certain
circumstances to ensure that it remains 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 short-term rental housing is a business enterprise that entails
certain responsibilities. Operators are responsible to take such reasonable steps as are
necessary to assure that the citizens of the City who occupy such housing may pursue the
quiet enjoyment of the normal activities of life in surroundings that are: safe, secure and
sanitary; free from crimes and criminal activity, nuisances or annoyances.
(b) This article shall apply to all short-term rental dwelling units, as defined herein. It also
includes accessory structures such as garages and storage buildings and appurtenances such
as sidewalks and retaining walls, which are on the same property as the short-term rental
dwelling unit. This article does not apply to Minnesota Department of Health licensed rest
homes, convalescent care facilities, residential group homes licensed by the State, nursing
homes, hotels or motels, or accessory apartments utilized by one blood relative or one on -
site employee or servant.
Sec. 12-271. — Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Bedroom means a habitable room within a primary residence which is used, or intended to be used,
primarily for the purpose of sleeping, but shall not include any kitchen or dining room.
Building official means the building official for the City, or his/her designee.
City shall mean the city of Spring Park, Minnesota.
City administrator means the city administrator of the City, or his/her designee.
City council means the city council of the City.
Dwelling unit means any building or portion thereof that contains living facilities, including
provisions for sleeping, eating, cooking and sanitation, fgcnot.more than one family.
Owner means any person, agent, operator, firm or ,eQrpbration having a legal or equitable interest
in the property or the rental dwelling unit; or reaped in the official records of the state, county
or municipality as holding title to the property; or otherwise having control of the property or short-
term rental dwelling unit, including the guardian of the estate of any such person, and the executor
or administrator of the estate of such person if ordered to take possession of real property by a
court, or any person representing the actual owner or holding a valid license issued under this
article.
Primary residence means a dwelling unit with a homestead classification, as defined by Minnesota
Statutes, section 273.124, and as determined by the Hennepin County Assessor.
Rent means the temporary occupancy, use, or possession of a dwelling or dwelling unit in
exchange for compensation, in money or other consideration, given or offered in exchange for
such use, whether or not received.
Short-term rental dwelling unit means a dwelling unit rented for a period of less than 30
consedi tive days, for tourist or transient use.
DIVISION 2: LICENSING
Sec. 12-272. — General Requirements and License Issuance.
(a) License Required. No person may operate a short-term rental dwelling unit in the city
unless granted a license pursuant to this article.
(b) License Application. Any owner desiring to offer or use a short-term rental dwelling unit
within a primary residence in the city must first apply for and obtain a license from the
city. A license must be approved prior to operating. The license application request must
be submitted on the form prescribed by the city and must include all the information
requested on the application form. Site plans showing locations of designated parking on
the property must be submitted along with the application form.
(c) Fees. The license application form must be accompanied by payment in full of the required
license application fee and inspection fee. The fee amounts will be as determined by the
city council and listed in the city's fee schedule. Fees for new licenses obtained for less
than the three-year license term will be determined on a monthly pro -rated basis until the
next full three-year term.
(d) Issuance. All licenses shall be issued administratively by the city administrator pursuant to
the terms contained herein.
(e) Criteria for Issuance. Prior to issuance of a license hereunder, the following criteria must
be met:
(1) The licensee certifies on the application form that all applicable requirements found
in this article are satisfied. Such items shall include, but not be limited to, the
following:
a. Operating a short-term rental dwelling unit is a permitted use in the
zoning district of the subject property;
b.The property complies with all of the performance standards found in
this article; and
c.Compliance with all other provisions of state and local law.
(2) Upon receipt of a license application, the building official shall schedule an
inspection with the owner to ensure compliance with this article. The building
official shall provide reasonable notice to the owner as to the date and time of the
inspection. The failure or refusal by the owner to permit entry to the property shall
be grounds for denial of a license. Upon inspection; the proposed short-term rental
dwelling unit shall adhere to the following:
a.The Minnesota State Building Code, including mechanical, electrical,
plumbing and other building systems, and previously constructed or
installed components must be maintained in conformance with the
requirements of the codes in effect at the time of construction or
installation; and;
b.All other requirements of other sections of this code, including, but not
limited to, zoning, fire, building, and nuisances, and the International
Property Maintenance Code; and
In cases where a conflict may occur between any two or more code requirements,
the requirements providing the greatest degree of life safety, property maintenance
and general welfare to the City shall govern. If re -inspections are necessary to
determine compliance, the applicant shall pay a re -inspection fee, as adopted by the
city council.
(f) Term. Licenses for short-term rental properties will follow 3-year cycles and expire at
midnight on the third April 1st following its issuance, and applications for renewal must be
submitted at least 30 days prior to the expiration of the current license. Any unlicensed
short-term rental housing is subject to penalties as provided in this article or elsewhere in
state or local law.
(g) No Vested Right. Licenses granted hereunder constitute a revocable, limited right. Nothing
herein shall be construed as granting a vested property right.
Sec. 12-273. — General Performance Standards.
The following shall be the general standards for all short-term rental dwelling units within the city.
(a) No Physical Alterations. No physical alterations of a primary residence shall be permitted
in conjunction with the operation of a short-term rental dwelling unit, except that additional
onsite parking may be provided, to the extent that such parking is otherwise permitted by
the applicable provisions of the city code.
(b) Non -Transferable. Licenses issued under this section are non -transferable. Each license
shall automatically terminate upon the sale or other conveyance of the property to an
unlicensed person or entity.
(c) Number of Bedrooms. Each license shall indicate the number of bedrooms which are
contained in the primary residence. No licensee shall advertise the primary residence as
containing any more than the identified number of bedrooms.
(d) Limit on the Number of Guests. The maximum number of transient guests permitted to
stay within a short-term rental dwelling unit at any one time shall be the sum of the number
of bedrooms contained in the primary residence multiplied by two, up to a maximum of
10. Such sum shall include both adults and children.
(e) Signage. No commercial signage is allowed on the property of any short-term rental
dwelling uni
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(f) Events. Events are not allowed to be hosted by transient guests on the licensed property.
For purposes of this prohibition, an event shall mean a gathering on the property of the
total number of people permitted to stay on the premises plus five. Events hosted by the
owner are exempt from this prohibition, but must otherwise abide by state and local law
and policies.
(g) Parking. The maximum amount of vehicles allowed at the property shall be limited to the
number of approved off-street parking spaces provided. Parking is prohibited on -street or
on landscaped/turfed areas of the property. To be valid, off-street parking shall meet any
applicable requirements set forth in the city zoning code. Towable trailers behind vehicles
are permitted as long as they are stored in an approved off-street parking space and do not
encroach into landscaped/turfed areas of the property.
(h) Occupant Eligibility. The primary overnight and daytime occupant of a short-term rental
dwelling unit must be an adult 21 years of age or older. This adult must provide a telephone
number to the owner and shall be accessible to the owner by telephone at all times.
(i) Advertising. All advertising for short-term rental dwelling units within the city shall
include the city -issued license number.
(j) House Number Visible. Property containing a short-term dwelling unit must have a visible
house number that can be easily seen from the street at all times.
(k) Disorderly Behavior. Disorderly behavior, as defined in Spring Park City Code, section
12-274(b), shall be prohibited.
Sec. 12-274. - Disorderly Behavior at Registered Rental Dwelling Units.
(a) It shall be the owner's responsibility to assure that the tenants, the tenants' family
members and the guests of any tenant or tenant's family member not engage in
disorderly behavior in the rental dwelling unit. For the purposes of this section, rental
dwelling unit shall include all common areas, both inside the building where the rental
dwelling unit is located and outside.
(b) For the purposes of this section, disorderly behavior may include but is not limited to
any of the following:
(1) Drug -related illegal activity 'occurring in or near the rental dwelling unit.
Drug -related illegal activity means the illegal possession or constructive
possession, manufacture, sale, distribution, purchase, use or possession with
intent to manufacture, sell or distribute a controlled substance, as defined in
the Controlled Substance Act (21 U.S.C. § 802), or possession of drug
paraphernalia per Minnesota Statutes, section 152.092.
(2) Any act of violence or threat of violence including,- but not limited to, the
discharge of firearms, prostitution, intimidation or any other act that
otherwise jeopardizes the health, safety or welfare of the owner, agent,
manager, other tenants, tenant's family members, guests or neighboring
property owners.
(3) A violation of Minnesota Statutes, sections 609.75 through § 609.76, which
prohibit gambling.
(4) A violation of Minnesota Statutes, sections 609.321 through § 609.324,
which prohibit prostitution.
(5) A violation of Minnesota Statutes, section 340A.401, which prohibits the
unlawful sale of alcoholic beverages.
(6) A violation of Minnesota Statutes, section 340A.503, which prohibits the
underage use of alcoholic beverages.
(7) A violation of Minnesota Statutes, section 609.74 or Spring Park City Code,
chapter 18, articles III and IV, which prohibit nuisances and noise violations.
(8) A violation of Minnesota Statutes, sections 9713.021, 9713.045, 609.66
through 609.67 and 624.712 through 624.716, which prohibit the unlawful
possession, transportation, sale or use of a weapon.
(9) A violation of Minnesota Statutes, section 609.72, which prohibits disorderly
conduct, when the violation disturbs the peace and quiet of the occupants of
at least one unit on the licensed premises or other premises, other than the
unit occupied by the person(s) committing the violation.
(10) A violation of Minnesota Statutes, sections 609.185 through 609.205, which
prohibit murder and manslaughter.
(11) A violation of Minnesota Statutes, sections 609.221 through 609.2231,
which prohibit assault.
(12) A violation of Minnesota Statutes, sections 609.342 through 609.3451,
which prohibit criminal sexual conduct.
(13) A violation of Minnesota Statutes, section 609.52, which prohibits theft.
(14) A violation of Minnesota Statutes, section 609.561 through 609.5632, which
prohibit arson.
(15) A violation of Minnesota Statutes, section 609.582, which prohibits
burglary.
(16) A violation of Minnesota Statutes, section 609.595, which prohibits damage
to property.
(17) A violation of Minnesota Statutes, section 609.33, relating to 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.
(18) A violation of Minnesota Statutes, section 609.50, which prohibits
obstructing the legal process.
(19) A violation of Minnesota Statutes, section 609.713, which prohibits
terroristic threats.
(20) A violation of Minnesota Statutes, section 609.715, which prohibits presence
of unlawful assembly.
(21) A violation of Minnesota Statutes, section 609.71, which prohibits riot.
(22) A violation of Minnesota Statutes, section 609.78, which prohibits
interfering with "911" phone calls.
(23) A violation of Minnesota Statutes, section 243.166 (predatory offender
registration).
(24) A violation of Minnesota Statutes, section 609.229, which prohibits gang -
related crimes.
(25) A violation of Minnesota Statutes, section 609.26, subdivision 1(8), which
prohibits contributing to a child being runaway.
(26) A violation of Minnesota Statutes, section 609.903, which prohibits
racketeering.
(27) A violation of Minnesota Statutes, section 609.53, which prohibits
possessing stolen property.
(28) A violation of Minnesota Statutes, section 609.749, which prohibits violating
a restraining order or order for protection.
(19) A violation of Minnesota Statutes, sections 609.255 and 609.25, which
,',prohibit false imprisonment and kidnapping.
(c) Incidents will not be counted for purposes of determining whether a license will be
denied, suspended, non -renewed or revoked 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) Incidents will not be counted for purposes of determining whether a license will be
denied, suspended, non -renewed or revoked where the call is a result of a tenant, a
member of a tenant's household, or guest taking action to seek emergency assistance
that is protected by Minnesota State Statute 504B.205.
(e) Instances of Disorderly Behavior.
(1) First Incident. Upon a determination by city staff or law enforcement that a
short-term rental dwelling unit was the location of disorderly behavior, the city
shall notify the owner and tenant of the violation by first class mail and direct
the owner to take steps to prevent further violations.
(2) Second Incident. Upon a determination by city staff or law enforcement that a
second incident of disorderly behavior occurs at a short-term rental dwelling
unit within three months of a first disorderly behavior incident, the city shall
notify the owner and the tenant by first class mail of the violation and direct
the owner to submit, within 10 days of the date of the notice, a written report
of all actions taken by the owner since the first violation notice and what
actions the owner intends to take to prevent further disorderly behavior.
(3) Third Incident. Upon a determination by City staff or law enforcement that a
third incident of disorderly behavior occurs at a short-term rental dwelling unit
within three months after a second disorderly behavior incident, the short-term
rental dwelling unit license may be revoked, suspended or not renewed by the
city council upon the recommendation of the city administrator and in
accordance with section 12-260. The city administrator shall make its decision
to recommend revocation, suspension or non -renewal of the license and submit
said recommendation to the city council within 30 days of the third incident.
(4) For purposes of this section, second and third instances of disorderly behavior
shall be those which:
a. Occur at the same short-term rental dwelling unit;
b. Involve tenants at the same short-term rental dwelling unit;
c. Involve guests or invitees at the same short-term rental dwelling unit;
d. Involve guests or invitees of the same tenant; or
e. Involve the same tenant.
(f) No adverse license action shall be imposed where the instance of disorderly behavior
occurred during pending eviction proceedings against the tenant(s) that were the
subject of the incidents (unlawful detainer), or within 30 days of notice to vacate given
by the owner to the tenant(s) that were the subject of the incidents. However, adverse
license action may proceed when the owner fails to diligently pursue the eviction
process. 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, at the
discretion of the city, if the owner has taken appropriate measures which will prevent
further instances of disorderly behavior which may include a failed eviction process.
(g) For purposes of this section, a determination that the short-term rental dwelling unit
has been the location of a disorderly behavior incident shall be made by a
preponderance of the evidence. It shall not be necessary that criminal charges be
brought in order to support a determination of disorderly behavior, nor shall the fact
or dismissal or acquittal of such a criminal charge operate as a bar to adverse license
action under this article.
(h) Enforcement actions provided throughout this article shall not be exclusive, and the
city may take any action with respect to an owner, a tenant or the registered short-term
rental dwelling unit(s) as is authorized by this article or any other provision contained
in state or local law.
Sec. 12-275. — Enforcement and License Revocation.
(a) Enforcement and License Revocation. Upon a finding that a licensee has violated the terms
of this article, or any other applicable ordinance, law, or regulation, on two occasions
within the license period, or upon the occurrence of a third incident of disorderly behavior
under section 12-273, the city may revoke the license. Prior to such revocation, the city
administrator shall mail written notice of the applicable violations to the licensee and
thereafter, the licensee shall have ten days to request a hearing, in writing, regarding such
revocation before the city council. Failure to request such a hearing, in writing, shall
constitute waiver of the right to be heard on such revocation.
(b) Effect of Revocation. Upon revocation of a license under this section, such licensee shall
be ineligible for applying for a new license for a period of 12 months from the date of
revocation.
(c) Violation a Misdemeanor. Any violation of any term of this article shall also constitute a
misdemeanor.
(d) Fines. In addition to any other remedy contained herein or authorized by law, the city may
impose administrative fines for violations of this article in accordance with Spring Park
City Code, section 1-14.
(e) Remedies Not Exclusive. In the event of a violation of this article, the city, in addition to
any and all other remedies provided by law, shall be entitled to seek injunctive relief or
proceedings to prevent, restrain, correct, or abate such violations or threatened violations.
Section 2. Effective Date. This ordinance shall be in full force and effective
immediately upon its passage and publication.
ADOPTED by the City Council of Spring Park this day of , 2019.
CITY OF SPRING PARK
Jerome Rockvam, Mayor
ATTEST:
By:
Theresa Schyma, City Clerk
F—x h; b 1 + L
Draft 8127119
CITY OF SPRING PARK
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2019 —
AN ORDINANCE AMENDING CHAPTER 10 (BUILDINGS AND BUILDING
REGULATIONS AND SIGNS) TO ADD ARTICLE II. (BUILDING CODE) SECTION 37-
38; OF THE SPRING PARK CITY CODE
THE CITY COUNCIL OF THE CITY OF SPRING PARK, MINNESOTA
ORDAINS AS FOLLOWS:
Section 1. Article II. (Building Code) Section 37-38 is hereby added to Chapter
10 (Buildings and Building Regulations and Signs) to read as follows:
Sec. 10-37. — Rental Housing Building Code.
Any rental property within the City of Spring Park shall follow the 2018 International Property
Maintenance Code (IPMC) for the purpose of establishing minimum maintenance standards for
basic equipment, light, ventilation, heating, sanitation and fire safety. The IPMC provides for the
regulation and safe use of existing structures in the interest of the social and economic welfare of
the community.
Sec. 10-38. — International Property Maintenance Code Adopted.
The 2018 International Property Maintenance Code and its amendments is adopted by
reference as the building code for the City. A copy of the code shall be kept on file in the
office of the city administrator/clerk/treasurer.
Section 2. Effective Date. This ordinance shall be in full force and effective
immediately upon its passage and publication.
ADOPTED by the City Council of Spring Park this day of , 2019.
CITY OF SPRING PARK
Jerome Rockvam, Mayor
ATTEST:
Theresa Schyma, City Clerk
F_XA b; t D
SPRING PARK
On Cake ;Ninnefortka
Rental Licensing Tier Elements
Element
' Description - -
_
4+ Unit Rental Buildings,
1-3 Untt RenMI Buildings Condominiums, and Mixed -Use
.
BurkiMtas
Counnt Pants Count Points
1-3 0 1-3 0
46 10 4� � !0
7-9 Z0 7-9 20
Ysrpections
The number of inspections conducted
by Regulatory Services at a given
property
10+
1-S
545
30 10+
30
Violations
The number of housing or fire code
violations issued by Regulatory
Services, with violations Identified as
high risk being assessed five points
each
S 1-5
S
10
10 6-iS
16-30
31+
20 16-30
30 31+
20
30
15
Letter of Intent to
Condemn for Lade of
Maintenance
The number of letters issued with the
Intent to condemn a budding for the
lack of maintenance
1
1 15 1
2+ 3p 2+
30
Rental License Operation
The rental property owner has met
with the City to agree upon certain
1
10 1
10
Conditions
conditions or restrictions for a given
rental property
Revocation action has been taken
2+
' 20 2+
20
Uaense Revocation Action
against the property for the violation
of rental licensing standards
1
__. 2-3
4-5
65 1
5 2-3
35
Solid Waste Dirty
Collection Point Warning
Letters
The number of Solid Waste warning
letters issued to a property for a dirty
collection point
The number of collection point clean-
ups undertaken at a property by Solid
Waste
5
10
10 4-5
6+
35 6+
10 1-2
15
10n
Solid Waste Dirty
Collection Point Clean-
Ups
3-6-
15 3-6
is
7-920
7-9
20
10+ _
_
30 10+
30
2-3
_ 5
10
Public Works Snow and
Ice Removal Letters
The number of Public Works warning
letters issued to a property for snow
and ice removal
5 2-3
4-5
10 4-S
6+
15 6+
15
Public Works Public Walk
Snow and Ice Removal
The number of snow and ice clean-ups
undertaken at a property by Public
1�2
1-2
10 1-2
1-2
10
W
10
—is _
— —
20 7-9
Clean -Ups
Works
7-9
20
10+
30 10+
30
Delinquent Rental License
The rental license fee has not been
1
S 1
is
Fee
received by the due date
_.
31 2
21
2
11-2
- - i
Administrative Citations
Fines Issued at a given property
S 1-2
S
3+ 1
10 3+
10
— 4+ Unit Rental Budding,
Element Description 1.3 Unit Rertbl Buildings Condominiums, and Mixed -Use
- — Buddi
_ Count Points count Points
2-4 . 10 _ 2-4_ 10 -,
5-7 20 5.7 20
All outstanding fines or fees issued to
Special Assessments —
a given property
9+ 30 B+ 30
I
A provisKm In the Rental Lkens:ng 1 IS 1 15
Oroinance that allows the City to
Conduct on Prernlim address qualifying incidents of
disorderly conduct of tenants and 2+ 20 2+ I 20
Ltheir guests that adversety impacts
ne hbors Ape miltforthe building'sfire alarm ie Alarm and or suppression system has been , Has not been
Suppression "air a approved or its existence has been approved or S
verified
verified
-- - -- — s+ Unit Rental eulldfigs,
1-3 Unit Rental Buildings Coridominxrms, and Mixed -Um
_ Inp
Tier fount Tier 5wro
3 35+
2 21-34
1 0-30
. - 1 -- _..0-20
Rental License Tiering
The majority of residential rental properties in Spring Park provide safe and sanitary housing.
Rental properties that are not regularly maintained, use excessive City services, and are at a
higher risk for fire damage, create safety and livability issues for residents and neighbors. A
tiered rental license inspection program allows the city to prioritize inspections required to
maintain safe housing conditions.
• Tier 1, Five year cycle: Use very few city services, well maintained, managed and meet
minimum housing code.
• Tier 2, Four year cycle: Use some city services, maintained to minimum housing code,
may be at a higher risk for fire damage.
a Tier 3, Three year cycle: Require excessive city services, poorly maintained or managed,
may be at a higher risk for fire damage.
Tiering Process
• Twenty-four (24) months of data are analyzed to determine a property's tier
• A set of fifteen elements are used to determine the tier score
• The tiering elements are equally applied to the city's rental licenses
• Element points are totaled to determine the property's tier
Determining a property's tier
• Inspections: The number of inspections conducted by the city at a given property
• Violations: The number of housing or fire code violations issued by the city
• Letter of Intent to Condemn for Lack of Maintenance: The number of letters issued
with the intent to condemn a building for the lack of maintenance
• Rental License Operation Conditions: The rental property owner has met with the city
to agree upon certain conditions or restrictions for a given rental property.
• License Revocation Action: Revocation action has been taken against the property for
the violation of rental licensing standards
• Solid Waste Dirty Collection Point Warning Letters: The number of solid waste warning
letters issued to a property for a dirty collection point
• Solid Waste Dirty Collection Point Clean -Ups: The number of collection point clean-ups
undertaken at a property by Public Works
• Public Works Snow and Ice Removal Letters: The number of Public Works warning
letters issued to a property for snow and ice removal
• Public Works Public Walk Snow and Ice Removal Clean -Ups: The number of snow and
ice clean-ups undertaken at a property by Public Works
• Delinquent Rental License Fee: The rental license fee has not been received by the due
date
• Administrative Citations: Fines issued at a given property
• Special Assessments: All outstanding fines or fees issued to a given property
• Conduct on Premises: A provision in the Rental Licensing Ordinance that allows the city
to address qualifying incidents of disorderly conduct of tenants and their guests that
adversely impacts neighbors
• Fire Alarm & Suppression System: A permit for the building's fire alarm or suppression
system has been approved or its existence has been verified