Eden Prairie, Minn., City Code § 5.72 § 5.72

Subd. 1. Purpose. It is the purpose of this ordinance to protect the public health, safety, and welfare of citizens of the City who have as their place of abode a living unit furnished to them for the payment of a rental charge to another by adopting licensing regulations for all rental dwellings in the City.
Subd. 2. Definitions.
Administrative Authority means the Fire Chief, Building Official, or their designee.
Dwelling means any building which is designed or used exclusively for residential purposes by one (1) or more people, not including hotels, motels, hospitals, nursing homes, or licensed care facilities.
Dwelling Unit means single unit situated within a rental dwelling providing complete, independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.
Operate means to charge a rental charge or other form of compensation for the use of a dwelling unit in a dwelling.
Rental Dwelling means any dwelling with one or more dwelling units or sleeping units used or intended to be used for short-term or long-term rental.
Long Term means thirty (30) or more days.
Short Term means less than thirty (30) days.
Sleeping Unit means a habitable space in a dwelling designed, used, or intended to be used or occupied for sleeping purposes only.
Subd. 3. License Required. No person may operate a short-term or long-term rental dwelling within the City without first having obtained a license from the City pursuant to this section.
Subd. 4. License Applications.
A. Application. Applications for licenses must be completed on forms provided by the City. All questions asked or information required by the application forms must be answered fully and completely by the applicant.
B. False Statements . It is unlawful for any applicant to intentionally make a false statement or omission upon any application. Any false statement in such application or any willful omission to state any information called for on such application will, upon discovery of such falsehood, be grounds for denial or, if already issued, for revocation of the license.
C. License Fee . Upon submission of the application, applicants for a license under this section must pay a license fee to the City in an amount fixed and determined by the Council, which amount may be amended by the Council from time to time.
D. Inspection of Rental Dwelling . No license will be issued under this section until the Administrative Authority has performed an inspection of the rental dwelling proposed to be licensed and confirmed that the rental dwelling is in compliance with the requirements of Section 9.11, State Building and Fire Codes, and all other applicable provisions of the City Code and state law. Failure of an applicant to allow an inspection is grounds for denial of a license. If the Administrative Authority determines, in his or her sole discretion, that an inspection before license issuance is not feasible, the license will be issued upon the condition that the inspection occur and compliance confirmed within a specified timeframe after issuance.
E. Issuance of License . After the information on the application has been verified to be correct and the inspection completed and compliance confirmed pursuant to subsection D above, the Administrative Authority will endorse the application for issuance or denial.
1. Issuance. Upon the Administrative Authority's endorsement of their approval of an application, the City will issue and mail a license certificate to the applicant at the address noted on the application.
2. Denial . The Administrative Authority may deny a license for failure to allow an inspection or on the same grounds for which a license may be suspended or revoked as set forth in Subdivision 7. A denial of an application will be communicated in writing to the applicant, including findings supporting the decision. The notice of denial will be sent by email and U.S. mail to the applicant at the address listed on the application. An applicant may appeal a denial by submitting a hearing request to the Administrative Authority within ten (10) days of the date of the notice of denial. If a hearing request is not received by the Administrative Authority within ten (10) days of the date contained in the notice, the applicant's right to a hearing will be deemed waived. If timely requested, the hearing will be held in accordance with the procedures set forth in Subdivision 7.B.2 and 7.B.3 of this section.
F. Term of License . Licenses issued under this section will expire on January 31 of each year.
G. Renewal of License. A license must be renewed annually prior to the expiration date. The owner of a rental dwelling or its operator or agent may apply for renewal by completing the form provided by the City and returning the completed form by the date specified on the form together with the required license fee to the Administrative Authority. After the information on the renewal application has been verified as correct by the City, a renewal application for a license under this section will be presented to the Administrative Authority for issuance or denial in accordance with the procedures set forth in subsection E above.
H. Change of Information. A licensee must promptly notify the City of a change in the information or facts required to be furnished on the application for a license, even after the license has been issued. Failure to comply with this subsection is cause for suspension or revocation of the license.
I. Transfer of License. The license issued is non-transferable and is only valid for the person named on the approved license application. If ownership of the rental dwelling changes, the new owner must comply with the requirements of an original application and obtain a license prior to operating the rental dwelling.
Subd. 5. Conditions, Restrictions, and Regulations.
A. Compliance with Law. A license is subject to the conditions, restrictions, and regulations in this section, all other provisions of City Code, and all provisions of other applicable federal, state, and local laws, regulations, and ordinances.
B. Posting . Every licensee of a rental dwelling shall place the license in a protected covering and conspicuously post the license in a public corridor, hallway, or lobby of the rental dwelling for which the license was issued.
C. Maintenance Standards . Every rental dwelling must maintain the standards specified in City Code Section 9.11 in addition to any other requirements of the City Code, special permits issued by the City, or the laws of the State of Minnesota.
D. Inspections . Each licensed rental dwelling is at all times subject to the Administrative Authority's right to inspect the affected rental dwelling pursuant to City Code Section 9.11 .
E. Tenant Protection Requirements. If the rental dwelling is a NOAH project or an affordable rental project as defined in City Code Section 13.05 , the licensee must comply with all requirements of that Section.
Subd. 6. Conduct on Licensed Premises; Disorderly Use Violations.
A. It is the responsibility of the rental license holder to take appropriate action to prevent conduct by tenants or their guests on the licensed premises which is deemed to be disorderly (hereinafter referred to as a "Disorderly Use Violation"). Any violation of the following statues or ordinances is a Disorderly Use Violation under this section:
1. Minnesota Statutes, Sections 609.75 through 609.76, which prohibit gambling;
2. Minnesota Statutes, Sections 609.321 through 609.324, which prohibits prostitution and acts relating thereto;
3. Minnesota Statutes, Sections 152.01 through 152.025, and Section 152.027, Subdivisions 1 and 2, which prohibit the unlawful sale or possession of controlled substances;
4. Minnesota Statutes, Section 340A.401, which prohibits the unlawful sale of alcoholic beverages;
5. Minnesota Statutes, Section 609.72, and Chapter 9, Section 9.30 of this Code, which prohibits disorderly conduct when the violation disturbs the peace and quiet of the occupants of at least one unit on the licensed premises or other premises, other than the unit occupied by the person(s) committing the violation;
6. Minnesota Statutes, Sections 97B.021, 97B.045, 609.66 through 609.67 and 624.712 through 624.716 which prohibit the unlawful possession, transportation, sale or use of a weapon.
B. Upon determination by the Administrative Authority, in their sole discretion, that a Disorderly Use Violation occurred on the licensed premises the City will notify the licensee by regular mail of the violation at the licensee's most recent address on file with the City. The licensee must take appropriate action to prevent further violations.
C. If a second Disorderly Use Violation occurs on the licensed premises by the same tenant, a family member, a roommate, or a guest of the tenant within twelve (12) months of an incident for which the notice in Subdivision 6.B above was given, the City will notify the licensee by regular mail of the violation at the licensee's most recent address on file with the City and require the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent disorderly use of the premises. This written report must be submitted to the City within ten (10) business days of the date of the notice.
D. If a third Disorderly Use Violation occurs on the licensed premises by the same tenant, a family member, a roommate, or a guest of the tenant within twelve (12) months after the second of any two (2) previous Disorderly Use Violations for which notices were sent to the licensee pursuant to this subdivision, the license for the rental dwelling or for the unit associated with the violations may be suspended pursuant to the process described subdivision 7 of this section. The initial suspension may be for up to sixty (60) days. If another Disorderly Use Violation occurs on the licensed premises by the same tenant, a family member, a roommate, or a guest of the tenant within twelve (12) months after the end of a suspension period, the City may suspend the rental dwelling license for the unit occupied by the involved tenant for up to one hundred twenty (120) days.
E. It will not be considered Disorderly Use Violation if the tenant is evicted or voluntarily vacates the licensed premises within two (2) full calendar months after the determination by the Administrative Authority that disorderly use has occurred and notice of the determination has been sent to the licensee.
F. If the license of more than one rental dwelling unit in a dwelling that contains more than one dwelling unit is suspended within twelve (12) months for Disorderly Use Violations as described above, the period of suspension as described in subsection D above for the second and subsequent dwelling units that are suspended may be doubled.
Subd. 7. Suspension or Revocation.
A. Grounds for Suspension or Revocation. The City may suspend or revoke a license issued under this section. The following are grounds for suspension or revocation of a license:
1. Fraud, misrepresentation, or false statement contained in a license application or a renewal application;
2. Failure to comply with this section, other City ordinances, or state law;
3. Failure to permit an inspection of the rental dwelling as required by this section.
4. Disorderly Use Violations as described in and in accordance with the provisions of subdivision 6 of this section.
5. Failure to comply with the requirements of City Code Section 13.05 , if applicable.
B. Procedure.
1. Notice. A suspension or revocation will be preceded by written notice from the Administrative Authority to the licensee and an opportunity for a hearing. The notice will state the nature of the violation(s) or grounds for suspension or revocation and will inform the licensee of the licensee's right to request a hearing within ten (10) days of the date contained in the notice to dispute the suspension or revocation. The notice will be mailed by regular mail to the licensee at the most recent address of the licensee on file with the City. If a hearing request is not received by the City within ten (10) days of the date contained in the notice, the licensee's right to a hearing will be deemed waived. No suspension or revocation of a license under this section will take effect until (a) the licensee's time to request a hearing expires; or (b) if a hearing is requested, after the licensee is informed of the decision of the City Manager.
2. Hearing. If a hearing is requested, the Administrative Authority will provide written notice to the licensee of the date, time, and place of the hearing. The notice will be served in the same manner as the initial notice. The notice must be served no less than fifteen (15) days and no more than thirty (30) days prior to the hearing. The hearing will be held by an impartial hearing officer appointed by the Fire Chief or their designee. Upon conclusion of the hearing, the hearing officer must, within ten (10) days, make their recommendation to the City Manager in writing. If the hearing officer's recommendation is denial of the license application or suspension or revocation of the license, they must include in the written recommendation findings and conclusions supporting the decision.
3. Decision. Within thirty (30) days of receipt of the hearing officer's written recommendation, the City Manager will make a decision on whether the license shall be denied, renewal, suspended or revoked. The City Manager must inform the licensee in writing of the decision, including findings and conclusions supporting the decision, within ten (10) days.
4. No appeal is allowed to the City Council under Section 2.80 of the City Code from a decision of the City Manager under this section. The City Council may, on its own motion, determine to review the decision of the City Manager.
C. Upon suspension of a license, the occupants of the rental dwelling under suspension must vacate the premises until the license is reinstated by the City. It is the responsibility of the licensee to provide accommodations until such a time that the license is reinstated upon the terms and conditions specified by the City.
Subd. 8. Summary Action. When the Administrative Authority determines, in their sole discretion, that the condition of a licensed rental dwelling or any portion thereof is detrimental to the public health, safety and general welfare so as to constitute a public nuisance, fire hazard, or other unsafe or dangerous condition giving rise to an emergency, the Administrative Authority may summarily condemn or close off such area of the rental dwelling. Any person aggrieved by a decision of the Administrative Authority to summarily condemn or close off a rental dwelling as described above may appeal such decision by sending a written hearing request to the Administrative Authority. The appeal will be heard and considered in accordance with the process described in subdivision 7 of this section, provided that the City will make every effort to expedite the process if possible.
Subd. 9. Violation a Misdemeanor. A person who commits or attempts to commit, conspires to commit, or aids or abets in the commission of an act constituting a violation of this section, whether individually or in connection with one or more other persons or as principal, agent, or accessory is guilty of a misdemeanor. A person who falsely, fraudulently, forcibly, or willfully induces, causes, coerces, permits, or directs another to violate a provision of this section is guilty of a misdemeanor.