Section XV. Rental Housing
City of Barrett, County of Grant, State of Minnesota
SECTION XV. RENTAL HOUSING
15.00APurpose
15.01A Intent
15.02A Definitions
15.03A Registration Requirements
15.04A Inspection Requirements
15.05A Failure to Grant Registration, Revocation or Suspension of Registration 15.06A Transfer of Property
15.07A Summary Action
15.08A Applicable Law
15.09A Violations, Injunctive Relief
15.10A Severability Clause
15.11APenalty
15.12AConduct
15.13AObligations
15.00APURPOSE
The City Barrett recognizes the need for an organized program of residential units within the City in order to meet City and State safety, health, fire and zoning rules and to also develop a registration requirement with a listing of all renters living within the city limits.
15.01A INTENT
It is the intent of this Ordinance that a permanent mode of protecting and regulating the living conditions of citizens of the City of Barrett be established; and that uniform standards be established and applicable for all rental dwellings within the City.
15.02A DEFINITIONS
For purpose of this Ordinance, the following definitions shall apply:
A. Rental Unit shall mean any room or group of rooms located within a dwelling and forming a single habitable unit. B. Dwelling shall mean any building, including a manufactured home (mobile home), which is to be used for living or sleeping by human occupants. C. Rental shall mean the leasing of a housing/rental unit to a non-owner for a fixed or non-fixed period of time, and shall include any agreement, written or oral, for which goods or services are rendered.
15.03AREGISTRATION REQUIREMENTS
No person shall occupy, allow to be occupied or let to another person for occupancy any house/rental unit with the City of Barrett for which a house/rental unit registration has not been issued by the City Council, or their designee. An application for registration shall be made upon forms furnished by the City for such purpose and shall specifically require the following minimum requirements: A. Name, address, phone number, and fax number (if applicable) of the property owner; B. Name, address, phone number, and fax number (if applicable) of the designated local property manager, if deemed necessary by the City Council. C. The street address of the rental property. D. The number and types of units within the rental property (dwelling units or sleeping rooms).
15.04AINSPECTION REQUIREMENTS
The City of Barrett reserved the right to request inspections of rental property as deemed necessary by City Council or their designees for reasons of health, safety or fire concerns.
15.04A FAILURE TO GRANT REGISTRATION, REVOCATION OR SUSPENSION OF REGISTRATION:
A. The City reserved the right to not register a unit unless the rental unit or units for which registration is sought complied with the requirements of this Ordinance. The Council also reserves the right to revoke or suspend registration due to failure to comply with the requirements of this Ordinance. B. The City Council, or their designee, shall notify, in writing, the applicant that their registration has been denied, or the owner that his/her registration is being suspended or revoked. The suspension or revocation shall occur thirty-five (35) days after the date of the order, or at such later date as set out in the order. C. The owner, or designated local manager, shall have the right to request a hearing before the City Council by filing a written appeal from the order at the office of the City Clerk within fifteen (15) days of the date of the order. The timely filing of the written appeal shall stay the enforcement of the order until the appeals process is completed. D. The hearing shall be set no earlier than ten (10) days, and no later than thirty (30) days, after the filing of the written appeal. The owner and his/her local manager shall be given at least seven (7) days’ written notice of the time and date of the hearing. All parties involved may obtain legal counsel and present any evidence at the hearing.
15.05TRANSFER OF PROPERTY
Every new owner of a rental shall be required to furnish to the City of Barrett their name, address and phone and the name address and phone number of their designated local manager before taking possession of the rental property upon closing of the transaction. If any change in the type of occupancy as originally registered in contemplated by the new owner, a new registration application will be required.
15.06ASUMMARY ACTION
When conduct of any owner or their agent, representative or lessee, or the condition of their rental dwelling or rental unit is detrimental to the public health, sanitation, safety and general welfare of the community at large, or residents of the rental units so as to constitute a nuisance, fire hazard, or other unsafe or dangerous condition and thus, give rise to an emergency, the City Council, or their designee shall have the authority to summarily condemn or close off individual rental units or such areas of the rental dwelling as necessary. Notice of summary condemnation shall be posted at the units or areas affected and shall indicate the units or areas affected. No person shall remove the posted notice, other than the City Council, or their designee.
15.07AAPPLICABLE LAWS
Owners shall be subject to all the ordinances of the City of Barrett and the State of Minnesota relating to rental dwellings and zoning, and this Ordinance shall not be construed or interpreted supersede or limit any other such applicable ordinance or law.
15.08AVIOLATIONS, INJUNCTIVE RELIEF
Nothing in this Ordinance shall prevent the City from taking affirmative action under any of its City Ordinance for violations thereof to seek either injunctive relief or criminal prosecution for such violations in accordance with the terms and conditions of the particular ordinance under which the City would proceed against the property owner, designated local manager or occupant of any residential rental dwelling unit covered by this rental ordinance. Nothing contained in this Ordinance shall prevent the City from seeking injunctive relief against a property owner or designated local manager, who fails to comply with the terms and conditions of this Ordinance. The City Council shall have the right to obtain an order closing rental units until violations of this particular Ordinance have been remedied by the property owner or designated local manager.
15.09ASEVERITY CLAUSE
If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
15.10APENALTY
A violation of this section is a misdemeanor under Minnesota law and is subject to the penalties and provisions of Ordinance 10.99.
15.11ACONDUCT
The license holder shall be responsible to cause persons occupying the dwelling unit to conduct themselves in such a manner as to not cause the premises to be disorderly. The definition of disorderly shall be as contained in Minnesota Statutes §609.72.
15.12AOBLIGATIONS
The licensee shall be responsible for the City sewer, water and garbage bills and whether or not, the tenant pays the bills, the services shall be shut off pursuant to City policy, and if they remain unpaid, after the tenant has been evicted or otherwise vacated the premises, the licensee shall be required to pay the outstanding bill in full, before the premises will be allowed to be reoccupied.
15.13AEFFECTIVE DATE
This ordinance shall take effect upon its passage and publication.
Passed and adopted by the Barrett City Council this 10th of December 2012.
Troy Johnson, Mayor
Marita Rhude, Clerk/Treasurer
A council approved summary of this ordinance was published in the Grant County Herald on the 9th & 16th day of January 2013.