§ 407.07. Licensing procedure.  


Latest version.
  • Subdivision 1. Application: contents.

    (a)

    Regular licenses. The application must contain the following information and any other information that the Director may require to assess compliance with the housing maintenance code and this Section:

    (1)

    The names, addresses and telephone numbers of the individuals responsible for the maintenance and management of the premises.

    (2)

    If the applicant is a partnership, the names and addresses of each managing partner.

    (3)

    If the applicant is a corporation, the names and addresses of the officers.

    (4)

    The names, addresses and telephone numbers of the individuals responsible for keeping and maintaining the tenant registers.

    (5)

    If the applicant is an owner of multiple dwellings, multiple apartment houses, or multiple rental homes, the legal address of each dwelling, apartment house or rental home owned by the applicant located within the City of Richfield.

    (b)

    Provisional licenses. An application from a licensee in provisional status under Section 407.13 must contain the information required in (a) above and any other information that the Director may require to assess compliance with the housing maintenance code and this Section.

    Subd. 2. Issuance of license.

    (a)

    The director may require the inspection of any premises for which a license is requested. The licensee or applicant must notify the residents of the apartment house or rental home of the inspection and must permit the Director to enter upon the premises for the purpose of conducting the inspection to verify compliance with the housing maintenance code.

    (b)

    If the Director concludes as a result of the information contained in the application or other available information, including an inspection of the premises, that an apartment house or rental home appears to comply with requirements of the housing maintenance code and this Section, the Director will issue the license.

    (c)

    If the Director concludes as a result of the information contained in the application or other available information, including an inspection of the premises, that an apartment house or rental home is not in compliance with the housing maintenance code and this Section the applicant will have a designated time period, to be determined by the Director from receipt of notice of noncompliance to correct the defects specified in the notice, but only if the defects do not create an imminent hazard. The director may authorize additional time for compliance.

    (d)

    From the date that the Director has ordered an inspection under paragraph (b), no occupancy of dwelling units then vacant, or which become vacant, is permitted until a license has been issued. Apartment units within an unlicensed apartment house for which a license application has been made and which units are determined by the Director to be in compliance with the housing maintenance code may be occupied provided that non-complying units within the apartment house do not create an imminent hazard to the health and safety of persons in occupied units. Such occupancy may continue until a final determination on the granting or denial of the license is taken by the City.

    Subd. 3. Denial, suspension, revocation, non-renewal.

    (a)

    The director may revoke, suspend, deny or decline to renew any license issued under this Section upon any of the following grounds:

    (1)

    false statements on any application or other information or report required by this Section to be given by the applicant or licensee.

    (2)

    failure to pay any application, penalty, reinspection or reinstatement fee required either by this Section or City council resolution.

    (3)

    failure to correct deficiencies noted in notices of violation in the time specified in the notice.

    (4)

    (Repealed 2010-11)

    (5)

    any other violation of this Section.

    (b)

    (Repealed 2010-11)

    (c)

    Regular licenses will be revoked, if at mid term, or not renewed, if at the end of a term, upon a finding that the premises are only eligible for a provisional license as provided in Subsection 407.13.

    (d)

    Before a decision to revoke, suspend, deny or not renew a license is made, the Director must provide written notice to the applicant or licensee setting forth the alleged grounds for the potential action. Before final action to revoke, suspend, deny or not renew a license is taken, the applicant or licensee may appeal as set forth in Subdivision 4 of this Subsection. A decision to deny, not renew, suspend or revoke a license may only be made upon written findings. The director may consider the frequency and seriousness of violations, the ease with which such violations could have been cured or avoided and good faith efforts to comply.

    (e)

    The director may suspend or revoke a license or not renew a license for part or all of a facility.

    (f)

    Upon a decision to revoke, deny or not renew a license, no new application from the current owner for the same facility will be accepted for a period of time specified in the Director's written decision, not exceeding one (1) year. New applications must be accompanied by a reinstatement fee, as specified in appendix D of this code, in addition to all other fees required by this Section.

    (g)

    A written decision to revoke, suspend, deny or not renew a license or application will specify the part or parts of the facility to which it applies. Until a license is reissued or reinstated, no rental units becoming vacant in such part or parts of the facility may be relet or occupied. Revocation, suspension or non-renewal of a license will not excuse the owner from compliance with all terms of this Section for as long as any units in the facility are occupied.

    (h)

    Failure to comply with all terms of this Section during the term of revocation, suspension or non-renewal is a misdemeanor and grounds for extension of the term of revocation, suspension or continuation of non-renewal of the license.

    Subd. 4. Appeal. In any instance where the Director has denied, revoked, suspended, or not renewed a license, the applicant or licensee may appeal the decision to the City council by delivering to the City Clerk a notice of appeal within ten (10) days of receipt by the applicant or licensee of notice of the decision by the Director. The applicant or licensee will be given an opportunity for a hearing before the City council. The decision of the City council or any decision by the Director which is not appealed in accordance with this paragraph is deemed a final determination by the City.

    Subd. 5. Renewal. The term of a license granted under this Subsection is January 1 to December 31. Licenses are renewed annually. As a requirement of renewal of a license, the Enforcement Officer may direct that all dwellings owned by the licensee be inspected to ensure compliance with the housing maintenance code. The licensee must give notice of the annual inspection to all residents of dwellings owned by the licensee.

    Subd. 6. Transfer. A license is transferable upon application to the Director, and payment of the license transfer fee by the prospective owner. The license terminates if renewal or application for transfer is not made within 30 days after transfer of ownership of the apartment house or rental home.