New Prague, Minn., Mun. Code Ch. 150 (2026) § 154.06

(A) Authority . The compliance official is responsible for administering and enforcing the provisions of this chapter and is hereby authorized to cause inspections on a biannual basis for all licensed rental dwellings and also when reasonable grounds exist to believe that a violation of this chapter has been or is being committed. Inspections shall be conducted during reasonable times, and the compliance official shall present evidence of official capacity to the tenant, owner, or agent at the time of inspection of the rental dwelling. Inspections shall include all common areas, utility and mechanical rooms, accessory structures, interiors of each dwelling unit, exteriors of all structures and exterior property areas.


(B) Inspection access. Pursuant to M.S. § 504B.211, the owner or agent shall provide proper notification of an inspection to the tenants after receiving notice of the time and date of the inspection from the compliance official. Each tenant of a dwelling unit shall give the owner or agent access to any part of such dwelling unit at reasonable times for the purpose of effecting inspection, maintenance, repairs or alterations as are necessary to comply with the provisions of this chapter. If any owner, agent or tenant of a dwelling unit fails to provide the tenant with requisite notice of the inspection or otherwise refuses to permit entry to the dwelling unit under its control for an inspection pursuant to this section, the compliance official may seek a warrant authorizing such inspection.


(C) Official order; service.


(1) Whenever the compliance official determines that any rental dwelling or portion thereof, or the premises surrounding any of these, fails to meet the provisions of this chapter or the city code, an official order setting forth the violations and ordering the owner or agent to correct such violations shall be issued. This official order shall:


(a) Be in writing;


(b) Describe the location and nature of the violation(s);


(c) Establish a reasonable time for the correction of such violation(s);


(d) Indicate the right to appeal;


(e) Identify the implications of noncompliance with the official order; and


(f) Be provided to the owner or agent, as the case may require.


(2) Such notice shall be deemed to be properly provided upon the owner or agent if a copy thereof is:


(a) Served upon owner or agent personally;


(b) Sent by First Class mail to his/her last known address on file with the city; or


(c) Upon failure to effect notice by personal service or First Class mail, posted at a conspicuous place in or about the rental dwelling, or portion thereof, that is affected by the notice. Communications with the owner or agent may also be by electronic mail.


(3) Such notice shall also be provided to the tenant(s) residing in the licensed premises that is the subject of the official order. Such notice shall be deemed to be properly provided to the tenant(s) if a copy is properly posted on the dwelling unit or at a conspicuous place in or about the rental dwelling.


(D) Action plan. The compliance official may require an action plan to be completed by the licensee or agent in a designated time frame that indicates the steps taken to correct identified violations and the measures to be taken to ensure ongoing compliance with city ordinances and all applicable codes.


(E) Unfit for human habitation.


(1) Any rental dwelling or portion thereof that is damaged, decayed, dilapidated, unsanitary, unsafe, vermin or rodent infested, or that lacks provision for basic illumination, ventilation or sanitary facilities to the extent that the defects create a hazard to the health, safety or welfare of the tenants or of the public may be declared unfit for human habitation. Whenever any rental dwelling or licensed premises has been declared unfit for human habitation, the compliance official shall order the same vacated within a reasonable time and shall post a placard on same indicating that it is unfit for human habitation under the Minnesota State Building Code, and any license previously issued for such rental dwelling units shall be revoked pursuant to § 154.07 herein.


(2) It shall be unlawful for such rental dwelling or portion thereof to be used for human habitation until the defective conditions have been corrected and written approval has been issued by the city. It shall be unlawful for any person to deface or remove the declaration placard from any such rental dwelling.


(F) Hazardous building declaration. Nothing in this chapter shall prevent the city from initiating a hazardous building action in accordance with M.S. Ch. 463.


(G) Right of appeal. When it is alleged by any person to whom an official order is directed that such official order is based upon erroneous interpretation of this chapter, such person may appeal the official order to the City Council sitting as a Board of Appeals. Such appeals must be in writing, must specify the ground for the appeal, and must be filed with the city within ten business days after receipt of the official order. The filing of an appeal shall stay all proceedings in furtherance of the action appealed from, unless such a stay would cause imminent peril to life, health, or property.


(H) Board of Appeals decision. Upon at least ten business days' notice to the appellant of the time and place for hearing the appeal, and within 45 calendar days after said appeal is filed, the Board of Appeals shall hold a hearing thereon, receive evidence, and consider any advice and recommendation from the compliance official. The Board of Appeals may reverse, modify, or affirm, in whole or in part, the official order.


(I) Restrictions on transfer of ownership. It shall be unlawful for the owner of any rental dwelling, or portion thereof, upon whom a pending official order has been served to sell, transfer, lease, or otherwise convey said rental dwelling to another person until the provisions of the order have been complied with, unless the owner first furnishes to the prospective grantee or lessee a true copy of the official order, obtains a written acknowledgment of receipt from said grantee or lessee, and files a copy of the same with the city. Anyone securing an interest in the rental dwelling, or portion thereof, who has received and acknowledged such notice of an official order shall be bound by the same without further service and shall be subject to all penalties and procedures provided by this chapter.


(J) Failure to correct official orders. Any person who fails to comply with an official order and any person who fails to comply with a modified official order within the time set therein, upon conviction thereof shall be guilty of violating this chapter. Nothing in this chapter however is deemed to limit other remedies or civil penalties available to the city under this code or state law. Each day of such failure to comply may constitute a separate punishable offense.


(Ord. 344, passed 11-6-23)