Ordinance Number 03-25

ORDINANCE NUMBER 03-25

AN ORDINANCE CONCERNING THE REGISTRATION AND LICENSING OF SHORT-TERM VACATION RENTALS

THE CITY COUNCIL OF THE CITY OF MOUNTAIN IRON, MINNESOTA DOES ORDAIN:

SECTION 1. PURPOSE.  The purpose of this ordinance is to ensure that the short-term rental of dwelling units within the City is conducted, operated, and maintained in R-1, R-2, R-2A, and R-3 Districts in a manner so as to protect the public health, safety, and welfare of the citizens of the City of Mountain Iron, and so as to not become a nuisance to the surrounding properties.

SECTION 2. DEFINITIONS.            The following terms, as used in this Section, shall have the meanings stated:

“Dwelling.” Any building or portion thereof which is designed for or used for residential purposes.

 

“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.

 

“On-premise sign.” A sign erected, maintained or used in the outdoor environment for the purpose of the display of messages pertinent to the use of the property on which it is displayed.

 

“Operate.” To charge a rental charge for the use of a unit in a dwelling.

“Owner.” Any person who, alone or jointly or severally with others: Shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or 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.

 

“Person.” Any individual, firm, corporation, association or partnership.

 

“Short-term rental.” The rental or lease of a dwelling unit, in whole or in part, for less than thirty (30) days.

 

“Short-term rental license.” The license issued by the City for the rental or lease of a dwelling unit, in whole or in part, for thirty (30) days or less.

 

“Solid waste.” Garbage, refuse or any other discarded solid organic or inorganic materials.

 

“Tenant.” Any person who is occupying a dwelling unit in whole or in part under any agreement (written or oral), lease, or contract.

 

SECTION 3. REGISTRATION REQUIRED.         No owner shall undertake the short-term rental of any dwelling unit to a tenant or tenants unless properly permitted by state, county, and any other governmental regulations, and as hereinafter provided, including, but not limited to, Minnesota Department of Health Lodging License.

 

SECTION 4. LICENSE APPLICATION. An owner desiring to undertake or allow the short-term rental of a dwelling unit in the City shall apply for a short-term rental license. The application shall be submitted by the owner. The registration application shall be on a form prescribed by the City and shall include all required information.

 

SECTION 5. APPLICATION FEE.           Short-term rentals registration fee shall be set forth in the City’s fee schedule and may be adjusted from time-to-time by the City Council by formal resolution.

 

SECTION 6. LODGING TAX.       Short-term rentals are subject to lodging tax as provided for in Section 110 of the Mountain Iron City Code. A short-term rental license holder is required to file monthly lodging tax reports to the State of Minnesota.

 

SECTION 7. EXPIRATION OF LICENSE.         Short term rental licenses shall expire annually on December 31st of each year unless suspended or revoked as provided for in this chapter.

 

SECTION 8. RENEWAL OF LICENSE. Applications for renewal of an existing short-term rental license must be made at least sixty (60) days prior to the expiration of the current short-term rental license. All such applications shall be made to the City on forms provided by the City. lf the license holder does not offer the property for short-term rentals at least twice in a calendar year. then they are not eligible for renewal.

 

SECTION 9. NO VESTED RIGHT.           Licenses granted hereunder constitute a revocable, limited right. Nothing herein shall be construed as granting a vested property right. No party shall have any expectancy of reissuance of any license after its annual expiration.

 

SECTION 10. CRITERIA FOR ISSUANCE.          Prior to issuance of a Short-Term Rental License, the applicant shall ensure that the following criteria are met:

 

1. The proposed Short-Term Rental is located in a Residential Zoning District.
2. The proposed Short-Term Rental complies with all of the Performance standards and all applicable state and county regulations. Applicant must provide proof of registration and licensure with the Minnesota Department of Health Lodging License.
3. Applicant must secure a Conditional Use Permit from the City’s Planning & Zoning Commission

 

SECTION 11. LICENSED SHORT-TERM RENTALS. All licensed premises must be connected to an approved sewer and water system and must be current on all Mountain Iron utility services.

 

SECTION 12. LICENSE NOT TRANSFERABLE.         No short-term rental license shall be transferable to another person or another dwelling unit. Every person holding a short-term rental license shall give notice in writing to the City within five (5) business days after having legally transferred or otherwise disposed of the legal control of any dwelling unit for which a short-term rental license has been issued. Such notice shall include the name and address of the person succeeding to the ownership or control of such dwelling unit.

 

SECTION 13. REGISTERED AGENT REQUIRED.      No short-term rental license shall be issued without the designation of a local agent. The agent may, but is not required to be, the owner. One person may be the agent for multiple dwelling units. At all times, the agent shall have on file with the City a primary phone number as well as current address. The agent or a representative of the agent shall be available during all times that the dwelling unit is being rented as the primary number to respond immediately to complaints and contacts relating to the dwelling unit. The City shall be notified in writing within ten (I 0) business days of any change of agent. The agent shall be responsible for the activities of tenants and the maintenance and upkeep of the dwelling unit and shall be authorized and empowered to receive notice of a violation of the provisions of City ordinances and state law, to receive orders, and to institute remedial action to affect such orders, and to accept service of process pursuant to law.

 

SECTION 14. RESPONSIBILITY OF OWNERS.           No owner shall undertake or allow the short-term rental of a dwelling unit that does not comply with all applicable City ordinances, the laws of the State of Minnesota, and this Section. It shall be the owner’s responsibility to ensure compliance with the following:

 

1. Maintenance Standards. Every dwelling unit used for sho1t-tenn rental shall conform to all building and zoning requirements of the City of Mountain Iron and laws of the State of Minnesota.
2. Parking. The site shall provide on-site parking sufficient to accommodate the occupants of the rental dwelling unit. No person shall, for the purpose of camping, lodging, or residing therein, leave or park a vehicle or motor vehicle on or within the limits of any road or on any road right-of-way.
3. Signs Prohibited.
4. Tenants. Owner or registered agents shall maintain a list of all current and prior tenants of each dwelling unit, including dates stayed at the dwelling units. The owner or registered agent shall make the list available to City staff and/or law enforcement upon request.
5. Emergency Contact. The owner shall post within the dwelling unit the name, address, email and primary and secondary telephone number of the owner or any registered agent that can be utilized by tenants or their guests.
6. Noise Standards. Quiet hours shall be between 10 p.m. and 7 a.m. Any outdoor amplifiedsound during this time that can be heard by neighboring property owners is prohibited.
7. Solid Waste. Owner shall ensure that appropriate solid waste and/or recycling bins are available for use by tenants and guests and shall not be stored in public view.
8. Posted Notice. Owner shall post within the dwelling unit, notice of all use restrictions as set forth in this Ordinance.
9. Maximum number of guests will be limited to two times the number of bedrooms, or sleeping areas, plus one.

 

SECTION 15. DISORDERLY CONDUCT PROHIBITED.        Disorderly conduct is prohibited on all licensed premises. It shall be the responsibility of the owner to ensure that all tenants occupying the licensed premises and their guests conduct themselves in such a manner as not to cause the licensed premises to be disorderly. For purposes of this section, disorderly conduct refers to any disorderly conduct violation under Minnesota Statutes or City of Mountain Iron Ordinances.

 

SECTION 16. LICENSE REVOCATION.            Every short-term rental license is subject to revocation for violations of this Section or any other provision of Minnesota or City of Mountain Iron Ordinances.

 

1. Violations. Violations of this Section shall be reported to the City Clerk’s Office. The City Administrator shall review the violation and provide written notice to the license holder of the violation and any necessary remedial actions.
2. Revocation. If a license holder fails to correct a violation or receives three (3) violations within any twelve (12) month period, the City Administrator shall recommend revocation of the short-term rental license to the City Council. The City Council and City Administrator shall provide written notice to the owner and any registered agent of the revocation. The notice shall inform the owner and agent of the right to appeal the decision to the Mountain Iron City Council.
3. Appeal. A license holder aggrieved by the revocation of a short-term rental license may appeal to the City Council. Such appeal shall be taken by filing with the City Clerk’s office within ten (10) days after date of issuance of the written revocation notice, a written statement requesting a hearing before the City Council and setting forth fully the grounds for the appeal. A hearing shall be held within thirty (30) days of receipt of the request. Notice of the hearing shall be given by the City Clerk’s Office in writing, setting forth the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the license holder at his/her last known.address at least five (5) days prior to the date set for hearing.
4. Effect of Revocation. If a short-term rental license is revoked, it shall be unlawful for anyone to thereafter allow any new short-term rental occupancies of the dwelling unit until such time as a valid short-term rental license is issued by the City. No person who has had a license revoked under this Section shall be issued a short-term rental license for one year from the date of revocation.

 

SECTION 17. VIOLATION.           Any person who undertakes or allows any violation of this section shall be guilty of a misdemeanor.

 

SECTION 18. INCONSISTENT ORDINANCES.       Any inconsistent ordinance or parts thereof are hereby repealed and replaced with the provision of this ordinance.

 

SECTION 19. CITY CODE.           This ordinance shall be incorporated into the Mountain Iron City Code as Section 154.032(B) Short Term Vacation Rentals.

 

SECTION 20. EFFECTIVE DATE.           This Ordinance becomes effective on the date of its publication, or upon the publication of a summary of the Ordinance as provided by Minn. Stat. § 412.191, subd. 4, as it may be amended from time to time, which meets the requirements of Minn. Stat. § 331A.01, subd. 10, as it may be amended from time to time.

 

DULY ADOPTED BY THE CITY COUNCIL THIS 19^th DAY OF MAY, 2025.

 

 

 

__________________________________

Mayor Peggy Anderson

Attested:

 

 

 

____________________________

City Administrator