Rental Unit Licensing
The City of Burnsville requires rental licenses for all rental properties. Rental licenses are issued for a period of one year running from January 1 to December 31. There is no fee for rental licenses. All licenses issued are valid only for the premises which the license was issued, and only for the person to whom the license was issued.
Application for Single-Family Residences (under 5 units)
Application for Multi-Family Residences (5 units or more)
The Burnsville City Council deemed that the regulation of the rental practices of single family and multi-tenant residential dwelling units through licensing will promote the health, safety and welfare of the residents of the City, particularly those residents who live in rental properties and neighborhoods surrounding them. The purpose of the code is to establish minimum standards, and procedures for their enforcement consistent with the right to personal privacy, for the protection of life, limb, health, property, safety, and welfare of the general public and the owners and occupants of all rental buildings and properties within the City. The City intends that the code be an integral part of the City’s program of health, safety, building, and land use regulations.
The following are reasons for denial of a rental license:
1. The applicant has had more than three licenses revoked within the preceding twelve months of the date of application.
2. The applicant fails to provide information required on application or provides false or misleading information, and:
3. The applicant has outstanding fines, penalties or taxes owed to the City.
The following is a list of property owners that are exempt from licensing:
1. Retail/Commercial/Industrial rental activities.
2. Licensed nursing homes.
3. Licensed Assisted Living facilities
The following actions by Property Owners or License Holders are subject to civil penalties, constitute the basis for revocation of licenses, may result in injunctive action by the City and constitute cause to terminate participation in the STAR Program:
1. Leasing residential units without a license or units subject to revocation.
2. Violation of the City Maintenance Code.
3. Violation of the Uniform Building Code or International Fire Code.
4. Commission of a felony related to the licensed activity by Owner or Manager.
5. Failure to take any action required.
Penalties
1. Revocation. Any violation may be grounds to revoke a license. Any civil penalty, revocation or combination does not preclude criminal prosecution. All fines are cumulative and revocation periods will run consecutively. Revocation of a license for a single family dwelling containing four (4) or fewer units shall revoke the rental privileges for the unit at issue and not the entire structure.
2. Responsibility for Conduct. The Property Owner is responsible for the conduct of its agents or employees. Any violation will be considered an act of the Owner or License Holder for the purpose of imposing civil penalty or license revocation. If a license is revoked it is unlawful for the owner to permit new occupancy of the vacant rental unit.
3. Penalty Grid:
|
Violation
|
STAR Participant Level A
|
STAR Participant Level B
|
STAR Participant Level C
|
Non STAR Licensee
|
|
1st Violation
|
$250 fine
|
$300 fine
|
$350 fine
|
$500 fine
6 month revocation
|
|
2nd Violation
within 12 months
|
$500 fine
|
$600 fine
|
$700 fine
|
$1500 fine
9 month revocation
Loss of License fee exemption for all units for current year.
|
|
3rd or more Violation
within 12 months
|
$600 fine
2 month revocation
Removal from STAR Program.
Loss of License fee exemption for all units for current year.
|
$800 fine
2 month revocation
Removal from STAR Program.
Loss of License fee exemption for all units for current year.
|
$1000 fine
2 month revocation
Removal from STAR Program.
Loss of License fee exemption for all units for current year.
|
$2000 fine
12 month revocation
Loss of License fee exemption for all units for additional year.
|
|
See full version of Rental Licensing Ordinance for further information.
"Three Strikes and You're Out":
Process Following Disorderly Use: It is the responsibility of the License Holder or their agents to take appropriate action following disorderly use by tenants or their guests using or occupying the premises:
1. First Strike - Upon occurrence of a disorderly use, the Police Department will inform the Licensing Department. They will then send a written notice of the violation to the tenant and the License Holder or their agents as appropriate. The License Holder will be responsible to take action as appropriate to terminate the disorderly use.
2. Second Strike - If another instance of disorderly use takes place in the same unit or by the same tenant or guest within a twelve (12) month time frame of an incident for which notice was given as first strike, the Police Department will inform the Licensing Department. They will then send a written notice of the violation to the tenant and the License Holder or their agents as appropriate. The License Holder will be responsible to take action as appropriate to terminate the disorderly use.
3. Third Strike - If a third instance takes
place in the same unit or by the same tenant or guest within a twelve (12) month time frame of an incident for which a notice was given as first or second strike, the License Department will notify the License Holder by mail of the violation and will require the License Holder to immediately undertake the process necessary to remove the tenant from the property. If the License Holder fails to comply with the requirements of this Section, this constitutes a Property Owner violation under Section 3-28-10(A)(5).
Disorderly use by tenants:
The following conduct by tenants or their guests on the licensed premises is hereby to be a disorderly use:
1. Gambling (MN Statutes 609.75-609.76)
2. Prostitution and acts relating to prostitution (MN Statutes 609.321-609.324)
3. Unlawful sale or possession of controlled substances (MN Statutes 152.01-152.025, and Statute section 152.027, subds. 1 & 2)
4. Unlawful sale of alcoholic beverages (MN Statute 340A.401)
5. Owning, leasing, operating, managing, maintaining or conducting a disorderly house or inviting or attempting to invite others to visit or remain in a disorderly house (MN Statute 609.33)
6. Noisy assemblies
7. Unlawful possession, transportation, sale or use of a weapon (MN Statutes 97B.021, 97B.609.66-609.67 and 624.712-624.716)
8. 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 (MN Statute 609.72)
9. Assaults (MN Statute 609.221-609.224), including domestic assaults as defined in MN Statutes 518B.01
10. Contributing to need for protection or services or delinquency of a minor as defined in MN Statute 260.315
11. Code violations relating to animal noises and public nuisances
12. Any of the following Part I or II Crimes:
- Part I Offenses (Serious Crime) - Criminal Homicide, Forcible Rape (and attempts to rape), Robbery, Aggravated Assault, Burglary - Break and Entering (including: forcible entry, unlawful entry-no force, attempted forcible entry), Larceny-Theft, Motor Vehicle Theft, and Arson
-
Part II Offenses (Less Serious Crime) - Other Assaults, Forgery and Counterfeiting, Fraud, Embezzlement, Stolen Property (buying, receiving, and possessing), Vandalism-Destruction of Property, Weapons, Prostitution and Commercialized Vice, Narcotics Drug Laws, Gambling, Driving Under the Influence, Disorderly Conduct-Disturbing the Peace, Sex Offenses (inclusive of incest, indecent exposure, carnal abuse).
13. MN statutes, Section 609.505,which prohibits falsley reporting a crime or providing false information to a peace officer.
|
|