East Grand Forks, Minn., Code of Ordinances § 150.09 § 150.09

(A) General provisions.
(1) Statement of purpose.
(a) The purpose of the Rental Dwelling Code is to protect the public health, safety and general welfare of the people of this city. These objectives include, among others, the following:
1. To protect the character and stability of residential areas within the city;
2. To correct and prevent housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health of the people of this city;
3. To prevent the overcrowding of dwellings;
4. To preserve the value of land and buildings throughout the city.
(b) With respect to disputes between owners and occupants, and except as otherwise specifically provided by the terms of this section, the City Council or city staff will not intrude upon the accepted contractual relationships between owners and occupants. The City Council or city staff will not advocate on behalf of either party, nor will it be an arbiter, nor will it be receptive to complaints from owners or occupants, which are not specifically and clearly relevant to the provisions of this section. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of city government, in enacting this section, the City Council does not intend to interfere or permit interference with legal rights to personal privacy.
(c) This section is governed by and complies with all provisions of the Housing Code, Building Code, and Fire Code, as adopted by the city, and all relevant Minnesota State statutes. If there is a violation of any of the codes or state statutes, the penalties as listed under division (H) of this section will be administered.
(B) Definitions. The following definitions shall apply in the interpretation and enforcement of this section.
APARTMENT. A room or group of rooms located within a building which form a single habitable unit with facilities which are used or are intended to be used for living, sleeping, cooking or eating.
APPROVED. An indication that an item is in compliance with Building and Fire Codes.
BUILDING. Any structure having a roof which may provide shelter or enclosure for persons, animals, or chattels, and, when said structure is divided by party walls without openings, each portion of such building so separated shall be deemed a separate building.
BUILDING OFFICIAL and/or FIRE MARSHAL. Agent designated by the City Council to enforce provisions of this section.
CLEAN. The absence of rubbish, garbage, vermin, or other unsightly, offensive or extraneous matter.
DISORDERLY CONDUCT. For the purposes of this section, disorderly conduct in the registered rental dwelling unit shall mean disorderly conduct in the particular rental dwelling unit by the renters, occupants, or guests, and/or conduct which constitutes disorderly conduct anywhere on the property in which the rental dwelling unit is situated. DISORDERLY CONDUCT includes the following conduct: (a)
Conduct which constitutes a violation of M.S. §§ 609.74 and/or 609.745 relating to a public nuisance;
(b) Conduct which constitutes a violation of § 130.01 and/or M.S.§ 609.72 relating to disorderly conduct;
(c) Conduct which constitutes a violation of § 130.03 relating to noisy parties;
(d) Conduct which constitutes a violation of § § 131.20 through 131.25 for other laws relating to the possession of drug paraphernalia and/or controlled substances as defined in M.S. §§ 152.01 et seq.;
(e) Conduct which constitutes a violation of this code and/or M.S. § 340A.503 relating to the possession or consumption of alcoholic beverages by minors; or a violation of M.S. §§ 340A.701, 340A.702, or 340A.703 relating to the sale of intoxicating liquor;
(f) Conduct which constitutes a violation of laws relating to prostitution or acts related to prostitution as defined in M.S. § 609.321, Subd. 9;
(g) Conduct which constitutes a violation of laws relating to weapons, or laws relating to unlawful use or possession of a firearm as defined in M.S. § 609.66 et seq., on the registered premises;
(h) Conduct which constitutes a violation of laws relating to assaults, including domestic assaults, as defined in M.S. § 604.224;
(i) Conduct which constitutes a violation of laws relating to contributing to the need for protection or services or delinquency of a minor, as defined in M.S. § 260.315;
(j) Conduct which constitutes a violation of any other federal law, state law or local ordinance which would be likely to threaten, annoy or harass other tenants or other neighbors to the rental dwelling unit.
DWELLING. A structure or portion thereof designed exclusively for residential occupancy, including boarding and lodging houses, but not including hotels and motels.
DWELLING UNIT. Dwelling unit has the same meaning as APARTMENT defined above.
FIRE MARSHAL. See BUILDING OFFICIAL and/or FIRE MARSHAL.
HABITABLE ROOM. Any room used for sleeping, living, cooking or dining purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, hallways, laundries, storage spaces, utility rooms, and similar spaces.
KITCHEN. A room within a dwelling unit intended to be used for the cooking of food or preparation of meals.
OCCUPANT. Any individual living, sleeping, cooking or eating within a dwelling unit listed on the rental contract.
OWNER. Any person, firm or corporation who, alone, jointly or severally with others, shall be in actual possession of, or have charge, care, control of any dwelling, dwelling unit, or rooming unit within the city as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder. Also, any person, firm or corporation who has the right to determine who occupies a rental dwelling unit (even though that right may be subject to a lease or rental agreement), or person, firm, corporation who shall have the power to rent or let to another for purpose of this section. The owner shall be the individual responsible for registration of the building and rental dwelling units.
PERSON. An individual, firm, partnership, association, corporation, company, or a joint venture or organization of any kind.
RENTAL CONTRACT. A written lease between the owner and occupant containing and listing the names of all permissible occupants of the dwelling unit.
RENTAL DWELLING UNIT. Any dwelling for hire which includes apartment, dwelling unit, and rooming houses. RENTAL DWELLING UNIT for purposes of this section does not include hotels, motels, hospitals, homes for the aged, or other licensed residential facilities.
REPAIR. To restore to a sound acceptable state of operation, serviceability or appearance. Repairs shall be expected to last as long as replacement by new items.
REPLACE or REPLACEMENT. To remove an existing or portion of a system and to construct or install a new item of a quality similar to that of the existing item when it is new. Replacement ordinarily takes place when repair of the item is impractical.
ROOMING HOUSES. Any group of rooms that form single habitable units used or intended to be used for living and sleeping but not for cooking or eating purposes, with the exception of other licenced residential facilities.
TEMPORARY GUEST. An individual other than an occupant, staying and residing with the occupant for less than 30 consecutive days.
UNSAFE. As applied to a structure, a condition or combination of conditions which are dangerous or hazardous to persons or property.
UNSANITARY. Conditions which are dangerous or hazardous to the health of persons.
(C) Registration.
(1) Registration required. No owner shall operate a rental dwelling unit in the city without having first obtained a registration as hereinafter provided from the Building Official. Each owner shall register annually with the Building Official. If the registration is denied, no occupancy of rental dwelling units then vacant or which become vacant shall be permitted until a registration has been issued. Rental dwelling units within an unregistered building for which a registration application has been made and which rental dwelling units are in compliance with this section may be occupied provided that the unregistered rental dwelling units within the building do not create a hazard to the health and safety of persons in occupied rental dwelling units.
(2) Registration procedures. Within 60 days after the passage of this section, the owner of any building and its rental dwelling units within the city shall apply to the Building Official for a rental registration in the manner hereafter prescribed.
(a) Application shall be made on forms provided by the city and accompanied by the initial fee in an amount set by resolution of the City Council. The owner of a building and its rental dwelling units constructed after the date of passage of this section shall obtain a registration prior to actual occupancy of any rental dwelling unit therein.
(b) Applicants shall provide the following information on registration applications:
1. The name, address, and telephone number of the owner of the building and the name, address, and telephone number of the operator or agent actively managing said building.
2. The legal description and address of the building.
3. The number of rental dwelling units, the floor area for each such rental dwelling unit, the total floor area of the building, and the total number of occupants per rental dwelling unit.
4. Name and address of person to whom owner/applicant wishes a notice to be sent.
5. Such other information as the city shall require.
(3) Application and inspection. Upon receipt of a properly executed application for a rental registration, the Building Official and/or Fire Marshal shall inspect the building and rental dwelling units to ensure that they are in compliance with this section.
(4) Issuance of rental registration.
(a) If the building and rental dwelling units are in compliance with this section, a registration shall be issued to the owner which shall state that the building and rental dwelling units have been inspected and are in compliance with this section. If the city finds that the circumstances of occupancy following the issuance of the registration involves possible violations, the city may again inspect the building and rental dwelling units during the registration period.
(b) The city will by Council resolution establish a re-inspection fee. If a building and its rental dwelling units are not currently registered, no registration may be issued until all outstanding fees have been paid. If a building and its rental dwelling units are registered, the registration shall expire 20 days after the owner or his agent is notified of the inspection fee that must be paid to maintain such registration in good standing, unless the fee is paid prior to the expiration of the 20-day period.
(5) Registration display. A registration issued under this section shall be conspicuously displayed on the building wherever feasible. The owner shall promptly produce the registration upon demand of a prospective occupant or the Building Official and/or Fire Marshal or his/her authorized representative.
(6) Registration transfer. The registration is transferable upon application to the Building Official and payment of the registration transfer fee by the prospective owner if the registered premises are in compliance with all applicable codes. The registration shall terminate if renewal or application for transfer is not made within 30 days after transfer of ownership of the building.
(7) Registration renewal. Renewal of the registration as required annually by this section may be made by filling out the required form furnished by the Building Official to the owner of a building and by mailing the form together with the required registration fee to the Building Official. Such renewal or registration may be made only when no change in the ownership, operation, agency or type of occupancy as originally registered has been made and where there has been an inspection within the last 2 years.
(8) Registration fees. Registration fees, registration transfer fees, inspection fees, and re-inspection fees shall be established by City Council resolution.
(9) Revocation. A registration issued or renewed under this section may be revoked upon a finding of noncompliance with the provisions of this section. Reinstatement of a revoked registration shall be accompanied by an amount equal to 50% of the registration fee. Issuance of a new registration after revocation shall be made in the manner provided for obtaining an initial registration.
(D) Maximum density and maximum space for rental units.
(1) The occupancy of any rental dwelling unit shall npt exceed the following:
(a) For the first occupant, 150 square feet of habitable room floor space and for every additional occupant thereof, at least 100 square feet of habitable room floor space.
(b) In no event shall the total number of occupants of any rental dwelling unit exceed 2 times the number of habitable rooms.
(2) No owner shall rent or let to another for occupancy any rental dwelling unit in violation of division (C)(1)(b) of this section other than for temporary guests.
(3) No occupant shall allow a temporary guest to remain in the rental dwelling unit for more than 30 consecutive days. After 30 days the temporary guest must be included in the total number of occupants.
(E) Prohibitions.
(1) No owner shall own, maintain, operate, rent, or let to any other individual(s) for occupancy any rental dwelling unit in violation of this section.
(2) No owner shall operate a building and its rental dwelling units without registration issued pursuant to this section or accept rental payments from an occupant of any unregistered rental dwelling unit which payment is for occupancy for a period during which the rental dwelling unit is not registered pursuant to this section.
(3) No owner or occupant shall refuse or fail to allow the Building Official and/or Fire Marshal to enter a building and its rental dwelling units for purposes of inspection when authorized by this section.
(4) No person shall occupy an unregistered rental dwelling unit if such rental dwelling unit is required to be registered under this section.
(5) No person may occupy a rental dwelling unit in violation of this section.
(6) No person, firm, or corporation, including an owner, or occupant, shall remove or tamper with a placard used for posting property pursuant to this section.
(F) Trespass over property to which public has some implicit right of access.
(1) Purpose. The purpose of this section is to allow an owner of real property to which the public has some implicit right of access to exclude a person from that property if the person has committed a crime on the property or has violated the properly posted or otherwise provided rules of conduct for the property.
(2) Definitions. For the purpose of this division, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise.
COVERED PREMISES. Any improved real property, or portion thereof, within the city to which the public has an implicit right of access, including, but not limited to, places of worship, shopping malls, retail sales facilities, hotels, motels, nursing homes, restaurants, multiple dwellings, hospitals, medical and dental offices, clubs, lodges, office buildings, banks and financial institutions, transit stations, athletic and recreational facilities, personal service establishments, theaters, and day care facilities.
PRIVATE AREA. Areas within the covered premises not normally accessible to members of the public without explicit permission of the person in direct control of the area, including, but not limited to, individual apartment units, employee rest areas and facilities, banquet halls, meeting rooms, and private offices.
PRIVATE COMMON AREAS. Other common areas within the covered premises normally within the exclusive control of a tenant but subject to reasonable regulation by the property manager, including, but not limited to, sales floors, store restroom facilities accessible to customers or clients, checkout lanes, and customer service areas.
PROPERTY MANAGER. Any owner of a covered premises, or the agent of the owner or any tenant who is authorized by the owner to exercise control over the covered premises, including its public common areas.
PUBLIC COMMON AREAS. All areas of the covered premises, other than private common areas, maintained for the common use of its tenants or of the general public incidental to normal and legitimate activities upon the covered premises, including, but not limited to: the curtilage; parking lots and ramps; private roadways, sidewalks, and walkways; recreational facilities; reception areas; rotundas; waiting areas; hallways; restroom facilities; elevators; escalators; and staircases.
TENANT. Any authorized occupant of a covered premises, or the agent thereof, but excluding an occupant of a domestic use, such as a renter or lessee of a dwelling or apartment, resident in a nursing home, or a hotel or motel guest.
TRESPASS NOTICE. A written notice that contains minimally the following information: 1.
Verbatim copies of divisions (D)(5) and (6) of this section;
2. The name, date of birth, and address of the person to whom the notice is issued and the name of the person's custodial parent or guardian if the person is a juvenile;
3. A description of the specific conduct that forms the basis for the issuance of the notice;
4. A description of the specific covered premises or portion thereof, to which the notice applies;
5. The period during which the notice is in effect, including the date of its expiration;
6. The name, title, address, and telephone number of a person with authority to modify, amend, or rescind the notice;
7. The method by which the notice was served upon the person to whom it was issued.
(3) Issuance of trespass notice. A property manager or tenant may issue a trespass notice to a person only if there is probable cause to believe the person has, no more than 30 days before the issuance of that notice:
(a) Committed an act prohibited by state statute or city ordinance while on the covered premises; or
(b) Violated any rule of conduct for the covered premises that has been conspicuously posted at all public entrances to the covered premises or that the property manager or tenant has provided to the person in writing.
(4) Coverage of trespass notice.
(a) If issued by a property manager, a trespass notice is effective only as to those public common areas and private areas within the property manager's exclusive control, except that a trespass notice may also cover private common areas and other private areas provided the tenant or tenants in control of such areas have agreed in writing to be precluded from inviting onto the premises any person to whom a trespass notice has been issued under this section. Such a trespass notice must state that the tenant or tenants of the covered premises are precluded from inviting onto the covered premises any person to whom a trespass notice has been issued under this section.
(b) If issued by a tenant, the trespass notice is effective only as to those private common areas and private areas over which the tenant has control.
(c) A notice broader in coverage than authorized by this section shall not be invalid, but shall be valid to the extent authorized by this section.
(5) Prohibited conduct.
(a) No person shall trespass in or upon any covered premises of another and, without claim of right, refuse to depart therefrom on demand of the property manager, or a tenant authorized to exercise control over the covered premises or portion involved.
(b) No person served with a trespass notice in conformity with this section shall enter in or upon the premises described therein during its effective period without the written permission of the notice issuer, agent, or assign.
(c) No person shall enter any public facility, utility, or grounds thereto, or any covered premises or portion thereof in violation of conspicuously posted signs prohibiting or restricting access thereto, including, but not limited to, the following: "No Trespassing," "Authorized Personnel Only," "Private," "Employees Only," "Emergency Exit Only."
(6) Violations. Any person violating any of the provisions of this section is guilty of an infraction.
(7) Additional provisions.
(a) No trespass notice shall be effective for more than 1 year.
(b) All trespass notices issued pursuant to this section must be properly served upon the person named therein as follows:
1. Personal service documented by either a receipt signed by the person to whom it was issued or an affidavit of the issuer; or
2. If the person is arrested or detained by a potice officer, the officer may personally serve the notice on behalf of the property manager or tenant and document service in the officer's official police report detailing the incident.
(8) Severability. If any subsection or portion of this section is deemed invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of other subsections or portions of this section.
(G) Conduct.
(1) When the Building Official and/or Fire Marshal receive notice that an incident of disorderly conduct in a registered rental dwelling unit has occurred, the Building Official and/or Fire Marshal shall give notice of the violation to the owner and the occupants of the rental dwelling unit affected, and direct the owner to take steps to prevent further violation.
(2) If another instance of disorderly conduct in a registered rental dwelling unit occurs within 3 months of an incident for which a notice was given, the Building Official and/or Fire Marshal shall notify the owner and the occupants of the affected rental dwelling unit of the violation and the owner shall submit a written report of the actions taken, and proposed to be taken by the owner to prevent further disorderly conduct in the registered rental dwelling unit. This report shall be submitted to the Building Official and/or Fire Marshal within 5 days of receipt of the notice of disorderly conduct in the registered rental dwelling unit and shall detail all actions taken by the owner in response to all notices of disorderly conduct in the registered rental dwelling unit within the preceding 3 months. If an owner fails to submit a written report as required by this section, the Building Official and/or Fire Marshal shall revoke the rental registration.
(3) If another instance of disorderly conduct in the registered rental dwelling unit occurs within 3 months after the second instance of disorderly conduct in which notices were given to the owner, and the occupants of the affected unit, the Building Official and/or Fire Marshal shall revoke the owner's registration.
(H) Penalties. Any person, firm, corporation, occupant, or owner who violates or refuses to comply with any of the provisions of this section is guilty of a misdemeanor criminal offense. Each day that a violation exists shall constitute a separate offense.