Woodbury, Minn., Code of Ordinances ch. 6 § 6-208

(a) Scope.
(1) This section applies to the letting of multiple dwelling(s) and single dwelling unit(s) as rentals.
(2) This section does not apply to the following:
a. Single dwelling units, not part of a rental complex, and occupied by an owner(s) and/or qualifying relative(s) that adheres to the definition of family.
b. Nursing homes, or portions thereof, as defined within chapter 24 of this Code, licensed by the state.
c. Residential property that has been sold on a contract for deed so long as the vendee occupies the property and the sale document used to memorialize the sale is a state uniform conveyancing blank or is recorded with the county recorder's office and a copy is provided to the city upon request.
(b) License. No person shall let as a rental a residential building without first having obtained a license to do so from the city.
(1) License types. There shall be two types of rental licenses.
a. A multiple dwelling rental license shall be required for multiple dwelling(s) when more than 50 percent of the units (dwelling or sleeping) within a shared building are let as rentals and are under common ownership.
b. A single dwelling rental license shall be required for all other dwelling units that are let as a rental unless otherwise exempted per ordinance.
(2) Application. An application for a license to let a residential building as a rental shall be made by the owner or property manager on a form provided by the city containing the information below and filed, along with all required fees, with the code official or designee. All applications shall thereafter be considered and approved or denied by the code official or designee.
a. For all applications:
1. Identifying information:
(i) For an individual or partnership:
(A) Full name, address, and telephone number of the owner(s).
(ii) For a corporation or other organization:
(A) The name of the corporation or business firm, and if incorporated, the state of incorporation;
(B) The name and address of the registered agent.
(C) The name of the manager(s), proprietor(s) or other agents(s) in charge of the business and all of the information concerning each manager, proprietor, or other agent(s).
(iii) The full name, address, and telephone number of the property manager.
2. The address of the rental;
3. Statement of whether all taxes and special assessments due and owing on the premises on which the applicant proposes to operate the licensed business are current, and if taxes are delinquent, the years for which the taxes on the premises are delinquent (this information is required by the applicant only if the applicant or other entity in which the applicant has an interest has the legal duty to pay said property taxes or assessments due and owing);
4. The name of the business if the business is to be operated under a name or designation other than the name of the applicant;
5. Provide evidence of workers' compensation insurance as required by Minn. Stats. 176.181--176.182;
6. Acknowledgment the property is in compliance with this article and is free from hazardous conditions; and
7. Such other information as the city shall require.
b. For single dwelling rental license applications:
1. Submit a signed property maintenance checklist, on a city provided form, verifying that all items on the checklist have been inspected and verified to be in compliance. A certificate of occupancy inspection shall be accepted in lieu of the owner submitted checklist for rental dwelling units seeking rental licensure within one year of the date of issuance of a certificate of occupancy.
c. For multiple dwelling rental license applications:
1. Verify general liability insurance;
2. Verify fire code inspection has been completed within the last year.
(3) Action. The code official may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the code official or designee approves the license, the city shall issue the license to the owner. If the code official or designee denies the license, notice of the denial shall be given to the applicant along with notice of the owner's right to appeal the code official's decision. The city may issue a license with conditions should there be outstanding violations in existence at the time of application. Any existing or outstanding violations shall be corrected within a time frame established by the code official. Failure to comply within the established time frame may cause suspension, revocation, denial, or nonrenewal of the license.
(4) License period and renewal. A license issued under this chapter shall be an annual license, expiring on December 31 of each year.
Any existing rentals in the city as of the effective date of this article, shall file all required license applications hereunder, along with the license fees, no later than January 1, 2024.
A license may be annually renewed, provided the licensee complies with the renewal application process as follows:
a. The licensee shall complete the renewal application materials provided by the city.
b. The completed renewal application materials, along with the license fee, shall be filed with the code official no later than license expiration.
(5) License and fees. The license fees shall be determined by the city council as set forth in chapter 2 , administration, of this Code.
a. All licenses shall expire on the last day of December in each year. Each license shall be issued for a period of one year, except that if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year for a pro rata fee.
b. Rental licensing fees shall not apply to a dwelling unit owned by a member of the United States Armed Services who is on active duty and the property is rented to another person during the time of active duty. The owner must provide the city with a copy of the owner's current military orders and must occupy the property as the owner's primary residence when not on active duty.
(6) Revocation or suspension. Any license issued under this article may be revoked or suspended as provided in subsections 6-208 (e) and (f), violations and penalties, of this section.
(7) Transfers. All licenses issued under this article shall be valid only on the premises for which the license was issued and only for the person(s) or entity to whom the license was issued. Any attempt at transfer to another location, person, or entity shall invalidate the license.
(8) Display of license. A license shall be displayed on the premises of the rental complex or single rental dwelling unit wherever feasible and produced upon request of a prospective tenant, the code official or an authorized city representative.
(9) Issuance as a privilege and not a right. The issuance of a license issued under this article shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license.
(10) Certificate of good standing. The city may require corporations or other organizations to provide a copy of the certificate of good standing at any time.
(11) Assumed name certificate. The city may require a licensee to provide a certified copy of a certificate required by Minn. Stats. 333.01--333.02 at any time.
(12) Fire code inspection. Rental complex common areas, fire suppression systems and alarms shall be subject to an annual fire code inspection and/or review performed by, or via direction from, the code official. The code official shall have the authority to enter any common area, rental dwelling unit, or sleeping unit, at reasonable times to perform inspections necessary to enforce all applicable codes and ordinances. The certificate of occupancy inspection shall be accepted in lieu of the annual fire code inspection for buildings seeking rental licensure within one year of the date of issuance of a certificate of occupancy.
(13) Property maintenance checklist. Single rental dwelling units that are not part of a rental complex shall be inspected on an annual basis by the owner, or by another under direct authorization from the owner for compliance with the housing and property maintenance code. At the time of license application the applicant shall submit, on an approved form, a completed property maintenance checklist.
(14) Accessory structure. No license will be issued for an accessory structure.
(15) Refunds. No part of the fee paid for any license issued under this article shall be refunded.
(16) Property manager required. A property manager shall be required when the owner of a rental property is a trust, corporation, organization, or similar classification as opposed to, or other than, a natural person(s). In addition, a property manager shall be required when an owner is a natural person(s) and does not reside within 100 miles of the city. The property manager shall reside within 100 miles of the city.
(17) Property manager background check. The applicant/owner shall comply with the Kari Koskinen Manager Background Check Act, Minn. Stats. 299C.66--299C.71.
(18) City approved rental license training. The owner or property manager shall attend city approved rental license training as required.
(19) Condition of property. It is the responsibility of the owner to ensure that every rental complex and rental dwelling unit, under their ownership, is maintained in compliance with all city ordinances and state and federal laws, including but not limited to this article.
(20) Tenant register . The license holder shall maintain a current register of tenants and other persons who have a lawful right to occupancy of a rental dwelling unit(s). The register shall be available for inspection by the code official upon request.
(c) Inspections. Housing and property maintenance code inspections may be performed upon complaint, as required, and as deemed necessary to determine compliance with applicable codes and ordinances. There may be related fees.
(1) The code official shall have the authority to enter and inspect rental complexes and rental dwelling units, including unrented and unoccupied rental dwelling units, at all reasonable times upon receipt of a complaint, as required by code or ordinance, or as deemed necessary by the code official.
(2) Inspections shall be subject to fees as per the fee schedule adopted by the city council and found in chapter 2 of this Code. Such fees shall be charged to the property owner and if not paid, assessed to the property.
The following shall be grounds for denying the issuance or renewal of a license under this article; however, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the city must deny the license. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this section. (1)
The applicant fails to provide the license fee, any information required on the city license application, or provides false or misleading information.
(2) The applicant has outstanding building, fire, nuisance, zoning or housing and property maintenance code violations, fines, penalties or delinquent property taxes, assessments, unpaid fees or utility charges owed to the city.
(3) A development contract or land use requirement exists that restricts rental dwelling units.
(4) The applicant or owner(s) is under the age of 18 years.
(5) The applicant is a business that does not have a property manager who is eligible pursuant to this chapter.
(6) Other unforeseen circumstances or conditions exist such that the issuance of a license may unreasonably endanger the health, safety, and welfare of the public, including, but not limited to, having a license previously revoked.
(d) Violations. It shall be a violation of this article to:
(1) Let as a rental a dwelling unit(s) or multiple dwelling(s) without a license;
(2) Let as a rental a residential property and/or residential building to transient guests.
(3) Fail to comply with the state fire code;
(4) Let as a rental a dwelling unit(s) or sleeping unit(s) that is deemed hazardous or uninhabitable;
(5) Commit a felony related to the licensed activity as the property owner or property manager;
(6) Fail to provide updated information (provided at time of application) during the license period;
(7) Fail to provide information as required by this ordinance upon request;
(8) Make false statements on any application or other information or report required by this chapter to be given by the applicant or licensee;
(9) Fail to pay any application fee, inspection fee, penalty, invoice, re-inspection, reinstatement, or other fee required either by this article, city ordinance, city council resolution, or bylaw;
(10) Fail to correct deficiencies in the time specified in a notice of violation, order, or action plan;
(11) Violate an owner's duties under Minn. Stats. 299C.66--299C.71 ("Kari Koskinen Manager Background Check Act");
(12) Have delinquent real estate or personal property taxes, special assessments, municipal utility fees and unpaid municipal fines;
(13) Endanger public health, safety, and welfare;
(14) The property owner shall be responsible for the conduct of its agents and/or employees while engaged in normal business activities on the licensed premises. Any violation of this article shall be considered an act of the property owner or license holder for purposes of imposing a civil penalty or license suspension, revocation, denial or nonrenewal.
(f) Remedies and penalties.
(1) Action plan. The code official may require an action plan to be completed by the owner or property manager that indicates the steps to be taken to correct identified violations and the measures to be taken to ensure ongoing compliance with city ordinances and applicable codes.
(2) Revocation and/or suspension. The code official may revoke or suspend a license under this article for violations of this Code including but not limited to chapter 6 , chapter 8 , section 6-206 and/or section 6-208 (e). Revocation, suspension or nonrenewal of a license shall not excuse the owner/licensee from compliance with all terms of this chapter, this Code, or other laws.
(3) Administrative procedures. Any violation of this article may be penalized by the issuance of an administrative citation and resolved in accordance with chapter 26 , article III, administrative citations and civil penalties, of this Code.
(4) Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking criminal prosecution under state statutes. Whoever violates any provision of this article shall be guilty of a misdemeanor. If the city elects to seek misdemeanor prosecution, no administrative penalty shall be imposed.
(5) Other remedies. Nothing in this chapter, however, is deemed to limit other remedies or civil penalties available to the city under this Code or state law.
(g) Appeal.
(1) Notice of action. If the code official denies the issuance of a license or revokes a license that has been issued, then the owner must be notified in writing of the decision, the reasons for the denial or revocation and the owner's right to appeal the denial or revocation by requesting, within 20 days of receiving notice of the denial or revocation, a hearing before the city's selected impartial examiner. The city's selected impartial examiner shall hear the appeal within 20 days of the date of the request. The decision of the city's selected impartial examiner can be appealed by petitioning the state court of appeals for a writ of certiorari.
(2) If an owner wishes to appeal the imposition of a penalty, decision, notice, or other adverse action, but excluding the denial of license issuance or renewal or the suspension or the revocation of a license, which are subject to subsection (1) above, and request a hearing before the city's selected impartial examiner, then a written request for appeal must be received within ten days of the date of such penalty, decision, notice, or other adverse action. A written request for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.