Elk River, Minn., Code of Ordinances ch. 30, art. III § 30-173
Inspections
Operative Text
(a) Generally . All buildings or structures within the scope of this article, and all construction or work for which a permit is required, shall be subject to inspection by the building official in accordance with and in the manner provided by this article and the building code. (b) Frequency. Upon receipt of a properly executed new application for a rental license and receipt of the appropriate fee, the fire chief shall conduct in initial inspection of the premises to assure compliance with the City Code. Any rental dwelling will be re-inspected after a renewal application is filed to determine compliance, unless the fire chief may determine that a renewal inspection of a premises may be deferred based on result of previous inspections. (c) Response to complaints. The fire chief shall respond to valid complaints of violations of this article. A valid complaint may be cause for a complete inspection of a unit or building. If an inspection is to be made, the fire chief shall notify the owner/tenant of the inspection. If there are violations, the fire chief shall notify the owner/tenant to correct the problem which prompted the valid complaint. An owner may request an advisory inspection of a unit. (d) Access for inspections. (1) The fire chief shall be authorized to make or cause to be made inspections to determine the condition of rental dwellings and premises to safeguard the health, safety, morals, and welfare of the public. (2) The fire chief shall be authorized to enter any rental dwelling or premises at any reasonable time for the purpose of performing his/her duties under this article. (3) The owner, operator, or tenant of every rental dwelling and premises, or the person in charge thereof, shall give the fire chief free access to such rental dwelling and premises on which it is located at all reasonable times for the purpose of such inspection, examination, and survey. (e) Refusal of access for inspection. If the owner, operator, person in charge, or tenant shall refuse to consent to the inspection, an administrative search warrant may be obtained, unless an emergency exists. (f) Subject to tenant's right to privacy. Entry under this section is subject to Minn. Stat. § 504B.211 (Residential Tenant's Right to Privacy) as amended. (g) Costs of obtaining warrant. If the city finds it necessary to obtain an administrative search warrant to enter the property for inspection due to the owner, operator, person in charge, or tenant's lack of cooperation, said person or persons may also be charged with all costs of obtaining the warrant, including court costs and attorney's fees.
Elk River Code of Ordinances ch. 30, art. III § 30-173 establishes a framework for inspecting rental dwellings within the city. The fire chief is authorized to conduct initial inspections when a new rental license application is filed, periodic re-inspections at renewal (unless deferred based on prior inspection history), and complaint-driven inspections when a valid violation complaint is received. Entry must occur at reasonable times and remains subject to Minnesota's residential tenant privacy statute (Minn. Stat. § 504B.211); if access is refused, the city may seek an administrative search warrant, and the costs of obtaining that warrant — including court costs and attorney's fees — may be charged to the person who withheld consent.
Plain English — not legal advice.
Under § 30-173, compliant rental property operators in Elk River generally ensure that the fire chief is granted reasonable access to the premises at the time of initial licensing, at renewal, and in response to valid complaints. Operators typically maintain records of prior inspections, as a strong compliance history may support a deferral of re-inspection at renewal. Refusing or obstructing an inspection can result in the city obtaining an administrative search warrant and charging the associated court costs and attorney's fees directly to the owner or operator.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 30-173 makes clear that tenants have a role in the inspection process: the fire chief must notify the owner and tenant before conducting an inspection, and all entry is expressly subject to Minnesota's Residential Tenant's Right to Privacy under Minn. Stat. § 504B.211. Tenants who believe a landlord is violating this article may file a complaint with the city, which can trigger a full inspection of the unit or building. Tenants who have questions about their privacy rights during an inspection or about the complaint process may wish to consult a local tenant-rights organization or legal aid provider for general guidance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
No inbound references recorded yet for this provision.