Two Harbors, Minn., Mun. Code § 4.41 (2026) § 4.41

Subd. 1. Purpose. The purpose of this Section is to protect the public health, safety, and welfare of citizens of the City who reside in units furnished to them for the payment of a rental charge to another and at the same time recognize the financial and administrative limitations of the City. This Section provides for the enforcement of residential rental unit maintenance standards and corrections of violations of law, nuisances and other disturbances and disorders involving residential rental units within the City when the City receives complaints of such violations.


Subd. 2. Definitions. For the purposes of this Section, the terms defined in this Subsection shall have the meanings given them in the subdivisions which follow:


1. "Basement." A portion of a building located partly underground, but having less than three-fourths (3/4) of its clear floor-to-ceiling height below the average grade of the adjoining ground. One (1) room may qualify as a basement.


2. "Dwelling." Any building or portion thereof which is designed for or used for residential purposes; provided, that temporary housing as hereinafter defined shall not be regarded as a dwelling.


3. "Dwelling Unit." Any room or group of rooms located within a dwelling and forming a single habitable unit equipped and intended to be used for living, sleeping, cooking and eating.


4. "Extermination." The control and elimination of insects, rodents or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food, by poisoning, spraying, fumigating, trapping or by any other recognized and legal pest elimination methods approved by the health officer of the County Board of Health.


5. "Flood Area-Dwelling Unit." The area inside the exterior or fire walls of a building, exclusive of vent shafts, court and public areas.


6. "Floor Area-Room." The next area within the finished walls of a room.


7. "Habitable Room." A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, closets, storage spaces or bomb shelters.


8. "Hotel." Every building or structure kept, used, maintained, advertised or held out to the public to be a place where sleeping or rooming accommodations are furnished to the general public for a shorter period of time than one (1) week, with or without meals.


9. "Housekeeping Unit." A room or group of rooms forming a single habitable unit equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such unit, a toilet, lavatory and bathtub or shower.


10. "Landlord." An owner, agent of an owner or other person who rents or leases a dwelling, dwelling unit, housekeeping unit or rooming unit to a tenant under a rental agreement.


11. "Multiple Dwelling." A building designed for or occupied exclusively by three (3) or more families.


12. "Occupant." Any person, over one (1) year of age, living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit, housekeeping unit or rooming unit.


13. "Operate." To charge a rental charge for the use of a unit in a dwelling.


14. "Operator." Any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.


15. "Owner." Any person who, alone or jointly or severally with others:


(a) Shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or


(b) Shall have charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, prime tenant, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this Section, to the same extent as if such person were the owner.


16. "Person." Any individual, firm, corporation, association or partnership.


17. "Plumbing." All of the following supplied facilities and equipment: Gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar supplied fixtures together with all connections to water, sewer or gas lines.


18. "Rental Agreement." An oral or written agreement covering a definite or indefinite period of time of one (1) week or more between a landlord and a tenant for the renting or leasing of a dwelling, dwelling unit, housekeeping unit or rooming unit.


19. "Rental Unit." Any dwelling unit or housekeeping unit that is rented or leased or offered for rent or lease under a rental agreement.


20. "Rooming House." Any dwelling or that part of any dwelling housing five (5) or more roomers but not including licensed nursing homes operating under the Laws of Minnesota.


21. "Rooming Unit." Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping but not for cooking or eating purposes.


22. "Solid Waste." Garbage, refuse or any other discarded solid organic or inorganic materials.


23. "Supplied." Paid for, furnished or provided by or under the control of the owner or operator.


24. "Temporary Housing." Any tent, trailer or structure used for human shelter which is designed to be transportable, and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than thirty (30) consecutive days.


25. "Tenant." An occupant who occupies a dwelling, dwelling unit, housekeeping unit or rooming unit pursuant to a written or oral agreement with a landlord covering a definite or indefinite period of one (1) week or more.


26. "Building Official." Agent designated by the City of Two Harbors for inspection of buildings and other items relating to this Section.


27. "Water and Sewer System." Whenever the phrase "water and sewer system approved by the building inspector" appears in this Section, it shall be defined to include private wells, public water utility mains, private septic tanks, sewage disposal systems and public sewer mains.


28. Meaning of Certain Words. Whenever the words "dwelling," "dwelling unit," "housekeeping unit," "rooming house," "rooming unit," or "premises" are used in this Section, they shall be construed as though they were followed by the words "or any part thereof."


Subd. 3. Exemptions. This Section shall not apply to hospital units or rooms, nursing homes, retirement homes, hotels, motels, or other similar rental space which is otherwise licensed by the State of Minnesota or the City of Two Harbors.


Subd. 4. License Issued. The City of Two Harbors hereby issues a general license to operate a multiple dwelling or rooming house or to lease or offer to rent or lease any rental unit in the City of Two Harbors to any person now or hereafter conducting such activities within the City. Such license shall remain effective unless terminated as provided herein.


Subd. 5. Notice of Uniform Housing Code. Notice shall be provided annually by the City to all utility customers of the City that the City has adopted the Uniform Housing Code, that copies of the Uniform Housing Code are available in City Hall, that if anyone believes that their rental unit does not meet the requirements of the Uniform Housing Code that he or she may advise the City of his or her concerns and the City will investigate the concerns and take appropriate actions to resolve the concerns.


Subd. 6. Action on Complaints. Complaints received by the City with respect to the compliance of rental units with the Uniform Housing Code will be referred to the Building Official of the City for further investigation and processing pursuant to the terms, provisions and procedures of the Uniform Housing Code. A landlord shall not terminate a lease with a tenant, or bring an action to evict a tenant based solely upon the fact that the tenant made a complaint pursuant to this Section.


Subd. 7. Specific License Required. In the event a complaint made by a person who is occupying a rental unit in the City is not able to be resolved by the Building Official pursuant to the Uniform Housing Code within ninety (90) days, then in that event, the Building Official may order the owner of the rental unit to obtain a specific license for the continued operation of the rental unit. In such event, the owner of such rental unit shall, within ten (10) days of receipt of such order from the Building Official apply for a specific license to operate such rental unit. Thereafter such person shall proceed in accordance with Subdivisions 9, 10, 11, 12, and 13 as such provisions are applicable to such application.


Subd. 8. General License Revoked. In the event that a owner of a rental unit does not obtain a specific license pursuant to Subdivision 7 hereof within sixty (60) days of applying for such specific license, then in that event, the City may upon ten (10) days written notice terminate the general license provided to such owner under Subdivision 4 and such owner shall cease conducting a rental operation as of the effective date of the termination of its general license and shall not resume conducting a rental operation until such person obtains a specific license for such rental activity.


Subd. 9. Specific License.


A. Duration. The duration of the specific license shall be for a period of four (4) years.


B. Procedure for Obtaining Specific Licenses. All specific licenses shall be issued by the City. Applications for specific licenses shall be made by the owner or an agent of the owner of the dwelling to the building official designated by the City. Such applications shall be accompanied by the required specific license fee. Such application shall specify the following:


1. Name and address of the owner of the rental dwelling. In cases where the owner of a rental dwelling lives outside Lake County limits, the registration shall be made by an operator who shall be legally responsible for compliance with this and other ordinances and such operator shall live in Lake County.


2. Name and address of any operator or agent actively managing said rental dwelling.


3. Name and address of all partners if the registrant is a partnership.


4. Name and address of all officers of the corporation if the registrant is a corporation.


5. Name and address of the vendee if the rental dwelling is owned or being sold on a contract for deed.


6. Legal address of the rental dwelling.


7. Number and kind of units within the rental dwelling classified as dwelling units, tenement units, or rooming units or other.


8. Height of the rental dwelling in stories.


9. Construction of exterior of building classified as wood or other.


C. Specific License Fee. The specific license fee shall be in the amount set by the City Council through a resolution from time to time.


D. Procedure for Issuing Specific License. No specific licenses shall be issued until the appropriate fee has been submitted and inspection has been conducted by the Building Official. If the inspection by the Building Official discloses that there are violations of the Uniform Housing Code for the City in the building, the Building Official may either set a time frame which must not exceed ninety (90) days, for the correction of such violations or may deny the specific license. If the Building Official sets a time frame for correction of any violations, the Building Official must be provided access to such a dwelling for the purposes of inspection at said time. After reinspection, the Building Inspector may grant the specific license if the violations have been corrected, set another time frame for correction of the violation or deny the specific license subject to licensee's right of appeal. Failure to provide access shall result in denial of a specific license subject to appeal until inspection is permitted. If the specific license is denied, the Building Inspector shall provide written notice to the owner and the decision of the Building Official may be appealed as set forth herein. No specific license shall be issued unless the premises have been found by the Building Official to comply with the provisions of this Section. It shall be unlawful for the owner to rent, lease or otherwise offer the rental unit until a specific license has been issued. If only a portion of a building is licensed no unlicensed portion shall be rented and renting of any unlicensed portion shall be grounds for revocation of the entire specific license.


E. Applications for Renewals of Specific Licenses. Renewals of specific licenses shall only be granted after inspection by the Building Official provided an application for renewal is made at least sixty (60) days prior to the time the current specific license is scheduled to expire by filling out the required renewal form furnished by the Building Inspector and submitting the required specific license renewal fee.


Subd. 10. Specific Licenses, Terms and Conditions.


A. Specific License Displayed. Each tenant shall be provided with a copy of the specific license.


B. Specific License Transferable. A change in ownership or the managing agency of the dwelling shall not terminate the existing specific license. A transfer of the specific license may occur provided the information required by Subd. 9, Subsection B.1. through 6. is provided within twenty (20) days of the change in ownership. If such information is not provided, a new specific license will be required of the new owner.


C. Inspection of Specific Licensed Premises. All premises subject to the specific licensing requirement shall be made available for inspection by the Building Inspector at a reasonable time. If the Building Official is denied access to any specific licensed premises, the Building Official, in his or her discretion, may suspend the specific license upon providing written notice to the owner, subject to the owner's right of appeal. Such suspension shall remain in effect until inspection is permitted or if the Building Official's decision is overturned on appeal.


D. Suspension or Revocation of Specific Licensed Premises. If the Building Official, upon inspection of the specific licensed premises, determines that any of the rental units do not conform to the requirements of this Section or any other regulations of the City, he or she shall serve written notice upon the owner informing him or her of the nature of the violation and setting a reasonable time frame, not to exceed ninety (90) days, in which to correct the violation or to vacate the premises. At the end of said time, the Building Inspector shall reinspect the premises and if the violation is not corrected or the building is not vacated, he or she may suspend or revoke the specific license of the entire dwelling, subject to owner's right of appeal. In the case of suspension, the owner may, after such suspension, request reinstatement of the specific license of the entire dwelling or to rental units within the dwelling not affected by the violation. The Building Inspector shall reinstate the specific license of the entire dwelling if upon reinspection, he or she determines that the violation has been corrected. In case of request for partial reinstatement, the specific license shall be reinstated upon vacation of the premises affected by the violation. In all cases where the building is reinspected by the Building Official on more than one (1) occasion, the owner must pay reinspection fees to be set by the City Council by resolution.


E. Suspension or Revocation Notice to be Displayed. If the Building Official suspends or revokes a specific license, written notice of such suspension shall be served on the owner and the same shall be posted in a conspicuous location in the dwelling or rental unit, and both such notices shall order the vacation of the dwelling or the rental unit within a reasonable time. After receipt of such notice, and if no appeal is taken within the time period allotted for appeals, it shall be unlawful for the owner to rent, lease or otherwise offer the rental unit until the specific license is reinstated. The owner shall, within ten (10) business days of receiving such notice of suspension, give notice in writing to his or her tenants stating a vacation order was issued by the Building Official.


Subd. 11. Appeals.


A. Timing. Any person who receives an order from the Building Official denying, suspending or revoking his or her specific license may appeal such a decision to the City Council in writing within fifteen (15) business days after the day the notice was served. The Building Official shall set a time and place for the appeal and notify the owner of the time and place. No appeal shall be set for a hearing less than fifteen (15) days or later than fifty-five (55) days from the date the appeal is filed.


B. No Adverse Action to be Taken if Appeal Filed. If an appeal is filed by the owner, no denial, suspension or revocation shall take effect until after the appeal is heard and the appeal process is otherwise exhausted.


C. Procedure. The owner may be represented by counsel, may produce witnesses, experts and may testify in his or her own behalf. The City Council may administer oaths, take testimony, and subpoena witnesses and papers at such hearing.


D. Decision. After hearing all the evidence, and after due deliberation, the City Council shall within thirty (30) days of the hearing, affirm, reverse, or modify the decision of the Building Official. Notice of the City Council's decision shall be served on the appellant within forty-eight (48) hours after such decision is rendered. The decision of the City Council shall be deemed final in all respects.


Subd. 12. Notices.


A. Notice by the Applicant. No specific license shall be issued unless the applicant designates in writing to the Building Official an address where notices issued by the Building Official may be delivered.


B. Notice by the Building Official. All notices issued by the Building Official regarding licenses or items relating to shall be delivered personally or sent via certified mail to the address specified by the owner. Service shall be deemed complete once the notice is either personally delivered or received by certified mail.


Subd. 13. Penalty. Any person violating any provisions of this Section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $1,000.00 or imprisonment not to exceed ninety (90) days, or both.


Source: Ordinance No. 2 Source: Ordinance No. 42


Effective Date: 09-01-2001 Effective Date: 03-27-2008