city of Red Wing ORDINANCE NO. 42,

Ordinance No. 42, Fourth Series

AN ORDINANCE AMENDING CHAPTER 4, CONSTRUCTION AND HOUSING REGULATIONS AND PERMITS

(SECTION 4.04. RENTAL DWELLING LICENSING CODE)

THE CITY COUNCIL OF THE CITY OF RED WING DOES ORDAIN:

SECTION 1: Section 4.04, subdivision 1, of the City Code is hereby amended by deleting the overstruck language and inserting the underlined language as shown below:

SECTION 4.04.RENTAL DWELLING LICENSING CODE.

Subd. 1.Inspection and Licensing of Rental Dwellings.

A.Rental dwellings license. No person may operate, let, or cause to be let, a rental Dwelling Unit without first having obtained an operating license or temporary permit to do so from the City as hereinafter provided.

1.The owner of a rental Dwelling Unit must obtain a temporary permit if they have not received an operating license. There is no fee and no inspection is necessary for a temporary permit. A temporary permit issued before publication of this ordinance is valid until an operating license is obtained or seven nine years (eighty-four 108 months) after its issuance, whichever is earlier. A temporary permit issued after publication of this ordinance expires after 24 months (subject to the enforcement officer’s authority to extend the deadline). In no case is a temporary permit valid for more than seven nine years (eighty-four 108 months).

2.Each operating license shall be valid for a period of seven nine years (eighty-four 108 months) and shall expire at the end of the seven nine years (eighty-four 108 months).

B.Permit and License Exemption.

1.The owner of a rental Dwelling Unit is exempted from the permitting and licensing requirements of this section if the renter of the Dwelling Unit is related to the owner as a parent, child, sibling, grandparent, grandchild, step-parent, step-child, step-grandparent, or step-grandchild and the owner files an affidavit with the City stating that the renter is one of these relations. The affidavit required in this paragraph must also state the address of the dwelling and must be renewed at least every seven nine years (eighty-four 108 months).

C.Rental Dwelling Inspections. No operating license may be issued or renewed unless the City determines, following an inspection conducted pursuant to this section, that the Rental Dwelling Unit and its premises conform to the Housing Maintenance Code (“HMC”).

14.Inspectors are authorized to open cabinets (other than medicine cabinets) or closets only when because of their location, those closets or cabinets, when unopened, appear to contain one or more water or waste water pipes, or fuses, or exposed electrical wiring, and it is reasonably necessary in order to inspect for the existence of one or more conditions that violates the HMC, or when the cabinets or closets are opened with the consent of the tenant (for areas inside the unit) or the landlord (for areas inside the building but outside a tenant’s unit, and areas inside an unoccupied unit).

17.The City will not share information regarding the condition of the unit or its occupants obtained through inspections conducted pursuant to this Section with any current member of the Red Wing Police Department or former member of that Department not serving as a housing inspector for the City, any sheriff’s office, or any law-enforcement agency of another jurisdiction, or enable their discovery by such person or agency, unless

(a)such disclosure is required by law, or

(b)such disclosure to such person or agency is needed to abate an active or inactive methamphetamine lab, mistreatment of one or more minors in violation of Minn. Stat. Section 609. 377 or .378, mistreatment of one or more vulnerable adults in violation of Minn. Stat. Section 609.23 through .233, or mistreatment of one or more animals in violation of Minn. Stat. Section 343. 21; or

(c)if an owner or occupant of a unit has made an express or implied threat of bodily harm, causing the inspector to be concerned for his or her welfare, and the disclosure is made for the purpose of enabling one or more law enforcement officers to accompany the inspector in the completion of the inspection or the full performance of his or her duties.

The City will not share information regarding the condition of the unit or its occupants obtained through inspections conducted pursuant to this Section with any current or former member of a non-law-enforcement agency (not including the Red Wing City Government, Red Wing City Attorney, or a court), or enable their discovery by such person or agency, unless such disclosure is required by law.

L.License Not Transferable. A temporary permit or operating license is not transferable to another person or to another rental dwelling. Every person holding a temporary permit or operating license must give notice in writing to the enforcement officer within 72 hours after having legally transferred or otherwise disposed of the legal control of any permitted or licensed rental dwelling. The notice must include the name and address of the person succeeding to the ownership or control of such rental dwelling or dwellings. The person succeeding to the ownership or control of the rental dwelling or dwellings must obtain a temporary permit or operating license in order to continue operating the rental dwelling or dwellings. An inspection is not required to obtain this temporary permit or operating license unless the rental dwelling or dwellings have not been inspected within seven nine years (eighty-four 108 months) of the transfer of ownership or control.

SECTION 2: Effective Date. This Ordinance shall be in full force and effect 14 days after its adoption and publication in accordance with the City Charter.

Introduced the 14th day of January, 2013

Adopted this 28th day of January, 2013

/s/ Lisa Pritchard Bayley, Council President

ATTEST:

/s/ Kathy Seymour Johnson, MCMC

City Clerk

(seal)

Presented to the Mayor at 10:30 a.m. on this 31st day of January, 2013.

Approved this 31st day of January, 2013.

/s/ Dennis Egan, Mayor

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