Marshall, Minn., Mun. Code art. 18-VIII (2026) § 18-147

The city has the authority to inspect any Rental Housing Unit if required pursuant to the State Building Code or Housing Code which has been incorporated, by reference, into the City Code; pursuant to State Fire Code; or upon receiving a complaint of code violations. All respective designees/representatives or “contractors” identified by the City Administrator or hired by the City, are hereby authorized to make the inspections. The identities of any person filing a complaint about violations of state law or local ordinance concerning the use of real property, and any information that would identify such person, is classified as confidential information under Minnesota Statute 13.44. No employee or agent of the City shall release or reveal such information except by court order.

Forms. The city shall provide forms upon which complaints may be made regarding the condition or registration status of any rental property.

Upon receipt of a complaint, the City shall notify the owner/representative of the existence of the complaint and allow the owner/representative forty-eight (48) hours to address the issue unless the City determines that the complaint alleges an immediate safety or health concern. If the City, through review and authorization of the City Administrator, City Administrator’s designee or City Attorney, deems that the complaint alleges an immediate safety or health concern (“emergency situation”) or if a public safety emergency exists, all persons authorized herein on behalf of the City, after making reasonable attempts to provide notice to the owner/representative, shall have authority to enter, at reasonable times and with consent of the tenant or occupant, if any, for purposes of enforcing this ordinance. If after forty-eight (48) hours, the Complainant, either independently or in response to an inquiry by the City, notifies the City that the issue has not been addressed, the owner or occupant shall provide access to the Rental Unit upon request of the City or, if the complaint relates to a common area, then access to the common area upon request of the City. Refusal to reasonably grant access shall be grounds for rejection or suspension of a rental registration. All persons authorized herein to inspect shall have the authority to enter, at reasonable times, and following 48 hours written notice to the property owner or designated Local Property Manager for any rental unit or structure containing a rental unit registered or required to be registered, for the purpose of enforcing this Ordinance. If occupied, the City will also make a good faith effort to give the tenant or occupant reasonable notice under the circumstances in the same manner contemplated under Minnesota Statutes Section 504B.211. Property owner or designated Local Property Manager may be present while the inspection is being carried out.

Fees. The owner/representative shall be assessed appropriate inspection fees if the complaint is found to be substantiated by this inspection. When a city employee or agent makes an inspection as a result of a written complaint and no violations are found the city shall issue a notice of compliance to the tenant and the owner/representative. If the complaint is substantiated by the inspection, written notice of the observed violation(s)shall be given to the owner/representative and tenant.

Written notice of a violation of this Ordinance may be given to the registration holder by certified mail directed to the address of the registration holder as shown by the City’s registration application file or by e-mail with delivery notification and receipt requested when sending that email to the email as shown by the City’s registration application file or by delivery in person. Said notice may contain a Compliance Order stating that compliance with this Ordinance shall be made immediately and, in that case, the notice shall advise the registration holder that the property may be re- inspected in not less than fifteen (15) days, unless extended by the City based on good cause. In the alternative, the city will work with the owner/representative to develop a timeline for the required repairs. A re-inspection will be conducted at the expiration of the time period set for repairs. If the repairs have been completed in a satisfactory manner, a notice of compliance will be issued to the owner/representative and the tenant. In the event the repairs have not been completed in a satisfactory manner further action will be taken as permitted by this Code or state law.

A registration holder may appeal pursuant to the administrative procedure process set forth in the City of Marshall City Code.

If the complaint is that a residential rental housing unit is not registered, the city shall inform the owner in writing that the owner has sixty (60) days to either:
Comply with the terms of this chapter by registering the unit and by paying all applicable fees; or

Cease rental operations.

HISTORY
Adopted by Ord. 24-003 on 2/13/2024