Loading...
HomeMy WebLinkAbout7.B.2. Residential Rental Property Registration General Business 7. B. 2. SHAKOPEE TO: Mayor and City Council Mark McNeill, City Administrator FROM: Jeff Tate, Police Chief DATE: 06/04/2013 SUBJECT: Residential Rental Property Registration - Ord. No. 870 (A) Action Sought Council is asked to adopt a Rental Registration Ordinance, which requires rental property owners, operators or managers to register with the Shakopee Police Department and participate in its Crime Free Multi- Housing Program. Background It is the purpose of this ordinance to protect the public health, safety and welfare of the citizens of the city who live in rental units, the property owners who operate and manage rental units, and the general public who reside next to rental units. The operation of rental properties is a business enterprise that includes certain responsibilities. Rental owners, operators and managers are responsible to take such reasonable steps as are necessary to ensure that the citizens who occupy such rental units, as well as neighboring properties, may pursue the quiet enjoyment of the normal activities of life in surroundings that are safe, secure and sanitary, free from noise, nuisances and annoyances, and free from unreasonable fears about safety of persons and property. This is not a license ordinance but rather a registration ordinance. This registration ordinance is designed to promote the Crime Free Multi- Housing Program and enhance public safety in the community. It does not deal with in -depth inspections and some quality-of -life issues most commonly associated with rental license ordinances; however, staff will be prepared to talk about licensing at the June 4th council meeting. Staff will be discussing potential impacts of this ordinance, which we believe is a much needed first step. This ordinance would require all rental property owners, including single family home owners who rent their property, to register with the police department. This registration would require contact information for the person responsible for the property. This is essential for ordinance complaints and criminal investigations. Registration is free, and existing staff in the police department will handle the workload. This ordinance would also require participation in the City's Crime Free Multi- Housing Program. Both internal and external studies have shown that participation in this program reduces crime. The police department feels that this requirement is essential and will have a positive impact if done city-wide. The ordinance does spell out the different requirements depending on the type of property owned; for example, a person owning a single family home for rental purposes would not have to meet all of the requirements someone in a large apartment complex would. The police department would conduct and coordinate the required training throughout the year. This ordinance would also recognize crime -free multi- housing certifications from other cities. Recommendation Staff recommends adopting Rental Registration Ordinance Number 870. Budget Impact There is no budget impact for a rental registration ordinance. Existing staff; specifically, the Crime Prevention Specialist, would conduct the training and handle all registrations. Relationship to Vision This items relates to Goal A: Keep Shakopee a safe and healthy community where residents can pursue active and quality lifestyles. Requested Action If council concurs, they should, by motion, adopt the attached Ordinance No. 870, an Ordinance of the City of Shakopee Adding Section 6.29 to the Shakopee City Code Regarding Residential Rental Property Registration. Attachments: Ord. No. 870 ORDINANCE NO. 870 AN ORDINANCE OF THE CITY OF SHAKOPEE ADDING SECTION 6.29 TO THE SHAKOPEE CITY CODE REGARDING RESIDENTIAL RENTAL PROPERTY REGISTRATION THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1. Chapter 6 of the Shakopee City Code is amended by adding the following Section: Section 6.29. RESIDENTIAL RENTAL PROPERTY REGISTRATION Subd. 1. Purpose The purpose of this Section is to protect the public health, safety and welfare of the community at large, and the residents of residential rental properties in the city. The purpose of this Section is also 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 an influence that fosters blight and deterioration, or does not create a disincentive to reinvest in the community. The operation of residential rental properties is a business enterprise that entails certain responsibilities. Owners and operators are responsible for taking such reasonable steps as are necessary to ensure that the residents of the city who occupy such rental properties may pursue the quiet enjoyment of the normal activities of life in their surroundings that are: safe, secure and sanitary; free from noise, nuisances or annoyances; and free from conditions that endanger the health or safety of persons, and the security of property. Subd. 2. Definitions. For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. APARTMENT BUILDING. A multi - family building containing dwelling units in a stacked configuration, having common walls and floors /ceilings. APPLICANT. The natural person completing the registration form prescribed by this Section. DWELLING UNIT. A single unit providing a living space delineated by partitions of any kind for one or more persons. MULTIPLE RESIDENTIAL BUILDING. A building with any dwelling joined to another dwelling at one or more sides by a party wall or walls, including apartments, townhomes, twinhomes, duplexes or quadhomes. RENTAL MANAGER. Any natural person who has been delegated by the residential rental property owner in charge, care or control of a residential rental property, and is able to respond in person to issues related to the residential rental property. RESIDENTIAL RENTAL PROPERTY. Any building, or one or more portions thereof, occupied or intended to be occupied for residential purposes by a residential tenant. RESIDENTIAL RENTAL PROPERTY OWNER. Any person or entity owning residential rental property within the city. RESIDENTIAL TENANT. A person who does not own, but occupies a dwelling for residential purposes, for payment of a fee or other compensation to the owner, under a lease or contract, whether written or verbal. Subd. 3. Applicability and Scope. This Section applies to any dwelling, and any dwelling unit therein, that is a residential rental property, including garages, storage buildings and appurtenances. This Section does not apply to Minnesota Department of Health- licensed rest homes, convalescent care facilities, group homes and nursing homes; hotels, motels; and owner - occupied units. Subd. 4. Rental Manager Required A. Each residential rental property owner shall appoint a rental manager upon whom the city may lawfully serve notices pertaining to the administration of this or any other Section of the city code or state or federal law, service of which shall be as effective as if made upon such residential rental property owner. B. A residential rental property owner may serve as the rental manager, if all requirements of a rental manager prescribed within this Section are met by the residential rental property owner. Subd. 5. Registration A. All residential rental properties shall be registered with the city by either the residential rental property owner or rental manager. Registration of each residential rental property shall be made on a separate form provided by the city and shall include the following information: 1. The name, address and telephone number of the residential rental property owner and rental manager; 2. The name, address and telephone number of the natural person completing the registration form; 3. The address of the residential rental property. In the case of an apartment building, the applicant shall provide the address and name for the building, as well as the number of dwelling units contained therein; 4. Verification that either the residential rental property owner or rental manager conducts a criminal background check on each and every residential tenant; 2 5. Verification that a written lease exists for the residential rental property and each unit dwelling thereon; and 6. Verification that a written lease addendum commonly known as a "Drug Free /Crime Free Lease Addendum" exists for each and every written lease entered into after the effective date of this Section. B. Upon receipt of a fully completed registration form, the city shall issue to the registrant a certificate of registration as proof of the registration. Certificates of registration shall be non - transferable and state the following: the date of issuance; the address of the residential rental property and the name, if an apartment building, of the residential rental property owner; the name(s) of the rental manager(s); and the number of dwelling units located within the residential rental property. Within 30 days of a transfer of ownership, change in rental manager, change in the number of rental units, or change in dwelling occupancy from owner occupancy to rental tenant occupancy, the residential rental property owner or rental manager shall complete and submit a registration form for each and every residential rental property affected by the transfer or change. C. A residential rental property owner owning residential rental property at the time of the adoption of this Section shall have 180 days after its effective date to comply with the registration provisions contained therein. Subd. 6. Registration Fee. There is no fee for registration. Subd 7. Minnesota Crime Free Multi Housing Program. A. The city has established a rental owner educational program consistent with the Minnesota Crime Free Multi- Housing Program. The educational program includes information such as: applicant screening, rental agreements, identification of illegal activity, eviction process, the roles of working with the police, crime prevention, code enforcement and public health, licensing and inspections, and active property management. All residential rental property owners or rental managers must attend phase one of the Crime Free Multi - Housing Program within one year after the issuance of a certificate of registration. Either the property owner or manager must hold a phase one certification at all times. Phase one training will be conducted on a regular basis. Program attendees will be required to pay a participation fee in an amount determined to cover the direct cost of the program. B. The city will recognize proof of phase one certifications from other entities. C. An owner or property manager operating a single family home or property with three or fewer units need only complete phase one of the Crime Free Multi - Housing Program. Owners or property managers with four or more units are required to complete all three phases of the Crime Free Multi- Housing Program. 3 D. A residential rental property owner whose only rental dwelling is a single - family dwelling homesteaded by a relative is exempted from the program. E. All residential rental property leases entered into after the effective date of this Section shall contain the written lease addendum commonly known as the "Drug Free /Crime Free Lease Addendum." Subd. 8. Violation. A. It is a misdemeanor for any person to provide false information on the prescribed registration form. B. It is a misdemeanor for any person or entity to operate or cause to be operated any property as a residential rental property without first registering with the city as set forth in this Section. C. It is a misdemeanor for any residential rental property owner or rental manager to fail to attend phase one of the Minnesota Crime Free Multi - Housing Program training within one year after the issuance of a certificate of registration. It is also a misdemeanor for any residential property owners or managers of three or more units to fail to complete all three phases of the Crime Free Multi - Housing Program within one year after issuance of a certificate of registration. D. It is a misdemeanor for a residential property owner or rental manager to rent residential property without first conducting a background check and then entering into a written lease that contains the written lease addendum commonly known as the "Drug Free /Crime Free Lease Addendum." Section 2 — Summary Approved. The City Council determines that the text of the summary ordinance marked "Official Summary of Ordinance No. 870" clearly informs the public of the intent and effect of the ordinance. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper with notice that the printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk and Shakopee Library. Section 3 — Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in regular session of the City Council of the City of Shakopee, Minnesota held this 4 day of June, 2013. Mayor of the City of Shakopee Attest: City Clerk 4 Official Summary of Ordinance No. 870 The following is the official summary of Ordinance No. 870, Fourth Series, Approved by the City Council of the City of Shakopee, Minnesota on June 4, 2013 ORDINANCE NO. 870, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE ADDING SECTION 6.29 TO THE SHAKOPEE CITY CODE REGARDING RESIDENTIAL RENTAL PROPERTY REGISTRATION The Ordinance amends Chapter 6 of the City Code by adding Section 6.29, regarding adding residential rental property registration. A printed copy of the ordinance is available for inspection by any person at the office of the City Clerk and at the Shakopee Library. 5