ORDINANCE NO. 242, 2nd Series - RELATED TO THE LICENSING OF RENTAL DWELLINGS

ORDINANCE NO. 242, 2nd Series<BR><BR>AN ORDINANCE OF THE CITY OF ELY, MINNESOTA, ADDING TO THE ELY CITY CODE, CHAPTER 16, SECTIONS 16.01 THROUGH 16.23, RELATED TO THE LICENSING OF RENTAL DWELLINGS.<BR><BR>THE COUNCIL OF THE CITY OF ELY DOES HEREBY ORDAIN: <BR><BR>SECTION 16.01. PURPOSE. It is the purpose of this Ordinance to protect the public health, safety and welfare of citizens of the City by adopting a Rental Dwelling inspection and maintenance program that corrects substandard conditions, maintains a standard for existing and newly constructed Rental Dwellings, and ensures neighborhood stability in the City. The operation of rental properties is a business enterprise that includes certain responsibilities. Rental Owners, Operators and Managers are responsible to take such reasonable steps as are necessary to ensure that the citizens who occupy such rental units, as well as neighboring properties, may pursue the quiet enjoyment of the normal activities of life in surroundings that are safe, secure, and sanitary, free from noise, nuisances and annoyances, and free from unreasonable fears about safety of persons and property.<BR><BR>SECTION 16.02. DEFINITIONS. Words used in this Ordinance shall have the following meanings unless otherwise defined in this Ordinance.<BR><BR> (1) "Apartment" means a community, complex or building having a common Owner and containing at least one Rental Dwelling Unit.<BR><BR> (2) "City Approved Inspector's Report" or "Inspection Report" means a Rental Dwelling inspection report prepared and signed by a City rental housing inspector or inspector contracted by the City to conduct an inspection and provide a report to the City.<BR><BR> (3) "Building Official" means the City of Ely Building Official or his or her designee.<BR><BR> (4) "Dwelling" means a building or one or more portions of a building occupied or intended to be occupied for residential purposes of a continued nature.<BR><BR> (5) "Let for Occupancy" or to "Let" or to "Rent" means to permit possession or occupancy of a Dwelling or Rental Dwelling Unit by a person who is not the legal Owner of record thereof, pursuant to a written or unwritten lease.<BR><BR> (6) "Occupant" means any person occupying, living, or sleeping or having possession of a space within any structure, building, dwelling, dwelling unit or premises.<BR><BR> (7) "Operate" means to charge a rental charge, fee or other form of compensation for the use of a Rental Dwelling Unit.<BR><BR> (8) "Operator" or "Manager" means any person who has charge, care or control of a structure or premises that is Let or offered for Occupancy.<BR><BR> (9) "Owner" or "Licensee" means any person having a legal or equitable interest in the property or recorded in the official state, county or City records as holding title to the property or otherwise having control of the property.<BR><BR> (10) "Person" may be an individual, corporation, firm, association, company, partnership, organization or any other group acting as a unit.<BR><BR> (11) "Rental Dwelling" means any Dwelling used for residential occupancy by one or more Persons who are not the Owner or a member of the Owner's immediate family.<BR><BR> (12) "Rental Dwelling Unit" means any room or rooms, or space, in any Rental Dwelling designed or used for residential occupancy by one or more Persons who are not the Owner or a member of the Owner's immediate family.<BR><BR> (13) "Tenant" means any person occupying a dwelling unit or having possession of a space<BR><BR> within a dwelling unit who pays, in any manner, for the right to occupy such space.<BR><BR> <BR><BR>SECTION 16.03. LICENSE REQUIRED.<BR><BR>General Rule. No Person may operate a Rental Dwelling or Rental Dwelling Unit in the City without a license for each building.<BR><BR>Exceptions.<BR><BR> <BR><BR>(a) These rental licensing requirements do not apply to residential property that has been sold on a contract for deed or has been sold as rent to own so long as the Purchaser occupies the property and the sale document used to memorialize the sale is in the form of a uniform conveyance or is recorded with the St. Louis County Recorder's office and a copy is provided to the City upon request.<BR><BR> (b) These rental licensing requirements do not apply to residential property that is occupied by the Owner and two or less tenants where the Owner and the tenants share all living space within the dwelling.<BR><BR>(c) These rental licensing requirements do not apply to residential property that is owned by a person commonly referred to as a "Snowbird" when the property is rented to another person for a period of less than 120 consecutive days. The Owner must occupy the property during the remainder of the year.<BR><BR> (d) Rental licensing fees and conversion fees do not apply to residential property owned by a member of the armed services who is on active duty and the property is rented to another person during the time of active duty. The Owner must provide the City with a copy of the owner's military orders and must occupy the property when not on active duty as the owner's primary residence.<BR><BR> (3) Application Requirements. An owner of a rental dwelling or rental dwelling unit must complete an application on an official application form provided by the City and submit the required application fee. Renewal applications may be submitted on a simplified renewal form provided by the City. The City Building Official must be notified in writing within 30 days of any changes to the information provided on the application. Applications must include the following information at a minimum:<BR><BR>The name, address, telephone number and date of birth of the Property Owner.<BR><BR>The name, address, telephone number and date of birth of a designated local agent if the Owner resides outside of the City Limits.<BR><BR>The name, address, telephone number, and date of birth of the seller and purchaser if the property is in the possession of a Purchaser under a contract for deed when the contract has not been recorded with the St. Louis County Recorder's Office.<BR><BR>The local address of the rental dwelling and the number of rental dwelling units within the dwelling.<BR><BR> (4) Property Contact Information. For single-family residential dwellings, the license applicant must provide 24 hour contact information for one person in any of the following categories. For all other types of dwellings, the license applicant must provide 24 hour contact information for two people in any of the following categories:<BR><BR> (a) At least one Owner of the Rental Dwelling or Rental Dwelling Unit;<BR><BR> (b) At least one person, if different from the Owner, who is responsible for compliance with this and any other Code requirement pertaining to the Rental Dwelling or Rental Dwelling Unit, such as a property manager, who must reside in the Ely area.<BR><BR> (c) Any of the Owner's agents responsible for management of the Rental Dwelling or Rental Dwelling Unit, such as a property management company and the name and contact information of a person at the property management company.<BR><BR>(d) Any Sellers and all Purchasers, if the Rental Dwelling or Rental Dwelling Unit is being sold pursuant to a contract for deed that is not recorded with the St. Louis County Recorder's Office.<BR><BR> (5) Number and Type of Units. The license application must contain the number of units and types of units (condominium, apartment, townhome, etc.) within the Rental Dwelling.<BR><BR> (6) Inspection Report. The license application must be accompanied by a satisfactory City Inspection Report, including an applicable inspection fee. Rental Dwellings with more than four units will be inspected on a schedule between one and four years. Rental Dwellings with less than four units will be inspected on a schedule between one and three years. The City Building Official will adopt an inspection schedule for rental dwellings taking into account the property's inspection history, history of compliance with Federal, State and Local Law, and the history of inspections, property maintenance violations, and other code enforcement violations at the Property.<BR><BR>SECTION 16.04 PROVISIONAL LICENSE. The City Building Official may issue a provisional license to the owner of a rental dwelling who has submitted an application and paid the license fee required by this chapter. A provisional license shall authorize the continued occupancy of rental dwelling units in actual existence on the effective date of this chapter, pending issuance of a rental dwelling license. A provisional license shall authorize the continued occupancy of dwelling units converted to rental usage after the effective date of this chapter, which shall be inspected pursuant to this Chapter. A provisional license indicates only that the owner has submitted an application for a license and paid the required fee, and that the license shall be issued or denied after the building has been inspected for compliance with the minimum standards set forth in this chapter. A provisional license is not a determination that the building complies with the minimum standards set forth in this chapter.<BR><BR>SECTION 16.05 ADMINISTRATIVE CHARGE. Failure to obtain either a provisional license as required by this section, or an operating license, will subject the owner of a dwelling unit to an administrative service charge up to $250.00.<BR><BR>SECTION 16.06. CHANGES IN OWNERSHIP. A license is non-transferable. If there is a change in the Ownership of the Rental Dwelling or Rental Dwelling Unit the license automatically expires. The new owner must obtain a license under this Chapter prior to the change in ownership.<BR><BR>SECTION 16.07. CHANGES IN THE RENTAL DWELLING OR RENTAL DWELLING UNIT. If changes are made in the number or type of units within the licensed premises, the Owner shall file an application to amend its license. Depending on the nature of the changes, the City may require a new property inspection.<BR><BR>SECTION 16.08. ANNUAL LICENSE. Persons wishing to let Rental Dwellings or Rental Dwelling Units must make an annual application to the City, provide the information required by this Section and pay the applicable license fee and any applicable inspection fee, which will be set by City Council resolution. Licenses are valid for one year from the date of issuance.<BR><BR>SECTION 16.08. NOTIFICATION REQUIREMENTS FOR PUBLIC HEARINGS. The Owner must, as a continuing obligation of the license, provide written notice to tenants or in the alternative, post the written notice in the lobby or common area of the Rental Dwelling for any public hearing received by the Owner that pertains to the property on which the Rental Dwelling is located or any adjacent rights of way.<BR><BR>SECTION 16.09. DISPLAY OF LICENSE CERTIFICATE. For buildings containing more than four Dwelling Units, the rental license certificate must be displayed in the lobby or other common area visibly accessible to all tenants of the licensed building. The license certificate must be encased in a frame with a clear glass or plastic surface over the certificate and must be mounted securely to a<BR><BR>wall. For buildings containing four or less units the Licensee must provide a copy of the rental license certificate to each tenant by attaching the copy to the Tenant's copy of the executed lease agreement.<BR><BR>SECTION 16.10. COMPLIANCE WITH MINN. STAT. &#167;21IB.20. Owners must comply with the requirements of Minn. Stat. &#167;21IB.20 and allow access to candidates who have filed for election to public office and seek admittance to the Rental Dwelling solely for the purpose of campaigning.<BR><BR>SECTION 16.11. RESPONSIBILITY FOR ACTS OF MANAGER. Licensees are responsible for the acts or omissions of their Managers as it pertains to the Rental Dwelling.<BR><BR>SECTION 16.12. MAINTENANCE STANDARDS.<BR><BR> (1) Maintenance. It is the responsibility of the Licensee to assure that every Rental Dwelling and Rental Dwelling Unit is maintained in compliance with all City Ordinances and state laws. A violation of any of the following laws and Ordinances constitutes a Public Nuisance and may be abated under the provisions of the Public Nuisance code: 10.27.<BR><BR>(2) Snow and Ice Removal. Rental facilities containing more than four dwelling units must remove snowfalls of four inches or more, or successive snowfalls accumulating to a depth ofone inch or more, from all walkways, sidewalks and steps within 12 hours of cessation of the snowfall. Rental facilities containing more than four units must remove snowfalls of four inches or more, or successive snowfalls accumulating to a depth of four inches or more from parking aisles, parking areas and drives within 72 hours of cessation of the snowfall.<BR><BR> (3) Inspections. The Building Official, Building Inspector, Fire Department personnel, police officers and their respective representatives are authorized to make inspections reasonably necessary to enforce this Section. All authorized inspectors have the authority to enter any Rental Dwelling or Rental Dwelling Unit at all reasonable times. Pursuant to Minnesota Statutes, Section 504B.211, the Owner, Manager, or Local Agent is responsible for scheduling the inspection and notifying any existing tenant of the inspection. If the Owner, <BR><BR>Manager, or Local Agent is unwilling to consent to the inspection, an administrative warrant may be obtained allowing the Building Official to conduct the inspection. Nothing in this chapter shall preclude a limiting of the scope of the administrative warrant by a judicial officer. <BR><BR>(4) Access by Occupant. Each Occupant of a Rental Dwelling or Rental Dwelling Unit shall give the Owner, the Owner's agent or authorized City official access to any part of such Rental Dwelling or Rental Dwelling Unit at reasonable times for the purpose of inspection, maintenance, repairs or alterations as are necessary to comply with the provisions of this Ordinance. If the Occupant is unwilling to consent to the inspection, an administrative warrant may be obtained allowing the Building Official to conduct the inspection. Nothing in this chapter shall preclude a limiting of the scope of the administrative warrant by a judicial officer. Entry under this Section is subject to Minnesota Statutes, Section 504B.211 (Residential Tenant's Right to Privacy) as amended.<BR><BR>(5) Costs of Obtaining Warrant. If the City finds it necessary to obtain an administrative warrant to enter the property for inspection due to the property owner, operator, person in charge, or occupant's lack of cooperation, said person or persons may also be charged with all costs of obtaining the warrant, including court costs and attorney's fees.<BR><BR>SECTION 16.13 NOTICE OF NONCOMPLIANCE; COMPLIANCE ORDER. When the Building Official or Inspector of any rental dwelling unit, or the premises surrounding any of these, fails to meet requirements of the City Code or the Minnesota Statutes, the City Building Official may issue a compliance order setting forth the violations of the code and ordering the owner, occupant, operator, or agent to correct such violations. <BR><BR>(1) Form of Compliance Order. The compliance order must: <BR><BR>(a) Be in writing; <BR><BR>(b) Describe the location and nature of the violations; <BR><BR>(c) Establish a reasonable time, not to exceed 90 days, for the correction of such violations. <BR><BR>i. When a violation constitutes an imminent peril to life, health, or property, an immediate and exact time for the correction of the violation constitutes a "reasonable time" for correction for purposes of this subpart. When this is the case, no stay of proceedings in furtherance of action will be granted on appeal. <BR><BR>ii. A reasonable time may be longer than 90 days if correction is not possible because of prevailing weather conditions; <BR><BR>(d) Include information regarding the owner's right to appeal the order and the procedure to be followed in filing such an appeal; <BR><BR>(e) State that in the event the violations are not corrected within the time set in the compliance order, the license may be suspended or that the necessary work may be performed by the City at the expense of the owner and that if the owner does not pay for the expense, the cost of the work will be assessed against the property. <BR><BR>(2) Service of Order: Be served upon the owner or his agent or the occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or agent, or upon any such occupant, if a copy thereof is: <BR><BR>(a) Served personally, or <BR><BR>(b) Deposited in the U.S. Post Office addressed to the owner at his last known address with postage prepaid, or <BR><BR>(c) Upon failure to affect notice by personal service or by mail, posted at a conspicuous place in or about the dwelling which is affected by the notice.<BR><BR>(3) Follow-up Inspection. At the end of the period allowed for the correction of a violation specified in the compliance order, the Building Official shall make, or attempt to make, a follow-up inspection of the premises to determine whether corrective actions have been sufficient to bring the violation(s) into compliance. <BR><BR>(a) If the premises are in compliance with the requirements of this section at the time of the follow-up inspection, a license may be issued in accordance with the requirements of section 4.31. <BR><BR>(b) If the Building Official determines that the violation(s) has not been corrected and the rental unit(s) has not been vacated, the Building Official shall suspend any existing license. The Building Official also may issue a citation or may file a formal complaint summoning the responsible party into court. The citation shall reiterate the charge and the ordinance section(s) violated. The City may also take action to correct violations under the provisions of section 4.31, subdivision 2, paragraph 9. <BR><BR>(c) After a suspension, the property owner may pay a re-inspection fee and request a re-inspection and reinstatement of the license. If the Building Official determines that the violation(s) has been corrected and the rental unit(s) and building comply with HMC, the license shall be reinstated. <BR><BR>(4) Execution of Compliance Orders. Upon the failure to comply with a compliance order within the time set therein, the rental unit(s) not being vacated, and no appeal having been taken, the criminal penalty established hereunder notwithstanding, the City Council may by resolution direct the Building Official to remedy the deficiency (deficiencies) cited in the compliance order. The cost of such remedy shall be a lien against the subject real estate and may be levied and collected as a special assessment in the manner provided by Minnesota Statutes, Chapter 429. Such action will not be taken, however, without a good faith effort on the part of the City to provide the property owner with advance notice of its intention to proceed with repairs and assessment of the costs of repairs to taxes.<BR><BR> (5) Appeal. If the Building Official suspends a license under this section the property owner <BR><BR> may appeal the decision to the City Council. <BR><BR>SECTION 16.14 LICENSE DENIAL, SUSPENSION, OR REVOCATION.<BR><BR>Grounds for Denial, Suspension or Revocation. The City Building Official may deny or not renew and the City Council may revoke or suspend a license for any of the following reasons that shall also constitute a violation of this ordinance:<BR><BR>The use of the property does not conform to the Zoning Ordinance;<BR><BR>The use does not comply with a health, building, maintenance, or other provisions of the City Code or State Law;<BR><BR> (c) The applicant has failed to pay the license fee, inspection fees, the investigation fee, or has failed to pay a fine that has been imposed;<BR><BR> (d) The applicant has made fraudulent statements, misrepresentations, or false statements in the application or investigation, or in any information required by this chapter;<BR><BR> (e) Conviction of any crime related to the business licensed and failure to show, by competent evidence, rehabilitation and present fitness to perform the duties of the business;<BR><BR> (f) Operating or allowing the rental property to be used in such a manner as to constitute a breach of the peace, a menace to the health, safety, and welfare of the public, or a disturbance of the peace or comfort of the residents of the City, upon <BR><BR> Recommendation of the Police Chief;<BR><BR> (g) Actions unauthorized or beyond the scope of the license granted;<BR><BR> (h) The applicant's license has been denied, revoked, or suspended by the City, the State, or another governmental unit<BR><BR> (i) Failure to continuously comply with all conditions required as precedent to the approval of the license;<BR><BR> (j) Real estate or personal property taxes on the business have become delinquent<BR><BR> and the property owner and the applicant are the same person or entity, or have any common ownership where they are a different person or entity;<BR><BR> (k) Violation of any regulation or provision of the City Code or Zoning Ordinance applicable to the activity for which the license has been granted, or any regulation or state law that may be applicable;<BR><BR> (l) Failure to actively pursue the eviction of tenants who have violated the provisions of the crime free lease addendum or who have otherwise created a nuisance in violation of the provisions of the written lease; and<BR><BR> (m) Other good cause as determined by the City Council. <BR><BR>(2) Process for consideration suspension, revocation, denial or non-renewal. <BR><BR>a. No action will be taken by the City Council to revoke, suspend, deny, or not renew a rental license without a public hearing and written notice of that hearing is sent to the property owner a minimum of twenty (20) calendar days notice of the time and place of the hearing and must state the grounds for the proposed suspension or revocation of the license. The notice may be served upon the licensee personally or by leaving the notice at the licensed premises with the designated Manager, or by certified mail to the address listed on the license application.<BR><BR>A hearing will be conducted before the City Council at a public meeting. The licensee shall have the right to be represented by Counsel, the right to respond to the charged violations, and the right to present evidence through witnesses. The rules of evidence do not apply to the hearing and the City Council may rely on all evidence it determines to be reasonably credible. The determination to suspend or revoke the license shall be made upon a preponderance of the evidence. It is not necessary that criminal charges be brought in order to support a suspension, revocation of a license nor does the dismissal or acquittal of such a criminal charge operate as a bar to suspension revocation under this Section.<BR><BR>The Council shall give due regard to the frequency and seriousness of the violations, the ease with which such violations could have been cured or avoided and good faith efforts to comply. <BR><BR>The Council shall issue a decision to revoke, suspend, deny or not renew a rental license only upon written findings. <BR><BR> Upon a decision to revoke, suspend, deny or not renew a license, no new application for the same facility will be accepted for a period of time specified in the Council's written decision, not exceeding one (1) year. Such new applications shall be accompanied by a reinstatement fee as required by this Article. <BR><BR>The Council may suspend, revoke, deny or not renew a license for part or all of a facility. <BR><BR>A written decision to revoke, suspend, deny or not renew a license or application for part of a facility shall specify the part or parts of the facility to which it applies. Thereafter, and until a license is reissued or reinstated, no rental units becoming vacant in such part or parts of the facility may be re-let or occupied. <BR><BR>i. Revocation, suspension, denial or non-renewal of a license shall not excuse the owner from compliance with all terms of this chapter for as long as any units in the facility are occupied. <BR><BR>ii. Failure to comply with all terms of this chapter during the term of revocation, suspension, denial or non-renewal is a misdemeanor and grounds for extension of the term of such revocation or suspension or continuation of non-renewal, or for a decision not to reinstate the license, notwithstanding any limitations on the period of suspension, revocation, denial or non-renewal specified in the City Council's written decision. <BR><BR>(3) Appeal of Decision to Deny or not Renew License. If the City Building Official denies or does not renew an application he/she shall notify the applicant in writing, specifying the reasons for denying or not renewing the license. If the applicant corrects the conditions leading to the denial or non-renewal within seven days, the Building Official shall issue the license. An applicant whose license application has been denied or not renewed by the Building Official may appeal the decision by filing with the City Clerk written notice of appeal within 7 days of receiving notice of the City's decision. The hearing will be conducted pursuant to 16.14.<BR><BR>(4) Notification to Tenants. Upon denial, suspension, revocation other enforcement action of a license, the City will notify all affected tenants of the action against the license. If the license is revoked or suspended the Licensee may not let, rent or allow to be occupied any vacant units, or units that become vacant during the revocation or suspension period.<BR><BR>SECTION 16.15 Reinstatement fee. A fee of five hundred dollars ($500.00) must accompany any application for reinstatement of any license or provisional license that has been denied, revoked or suspended if the applicant is a new owner of the property. If the applicant for reinstatement was the owner of the property when the license or provisional<BR><BR>license was denied, revoked or suspended a fee of one thousand five hundred dollars ($1,500.00) must accompany any application for reinstatement.<BR><BR>SECTION 16.16 Summary Action.<BR><BR> (1) Emergency. When the conduct of any Owner or Owner's agent, representative, employee or lessee, or the condition of the Rental Dwelling or Rental Dwelling Unit, or the property in or on which it is located, is detrimental to the public health, sanitation, safety and<BR><BR> general welfare of the community, or residents of the Rental Dwelling or Rental Dwelling Unit so as to constitute a nuisance, fire hazard, or other unsafe or dangerous condition and thus give rise to an emergency, the Building Official has the authority to summarily condemn or close individual Rental Dwelling Units or areas of the Rental Dwelling as the Building Official deems necessary, or may take other action to protect the residents and general public as deemed necessary. <BR><BR> (2) Notice. Notice of summary action will be mailed to the licensee and posted at the units or<BR><BR> areas affected and will describe the units or areas affected. No person shall remove the posted<BR><BR> notice, other than the Building Official or a designated representative.<BR><BR> (3) Costs. If the building is not condemned or closed pursuant to this section, the costs of any services performed by the City to prevent the condemnation or closure of the building<BR><BR> may be levied against the property as a special assessment.<BR><BR>(4) Appeal. Any person aggrieved by a summary action of the Building Official shall be entitled to appeal to the City Council by filing a notice of appeal with the City Clerk within five days of the summary action. The City Clerk must schedule a date for hearing before the City Council and notify the aggrieved person of the date. The hearing will be conducted pursuant to Section 16.1.<BR><BR>SECTION 16.17. Posted To Prevent Occupancy. Whenever any Rental Dwelling or Rental Dwelling Unit is found to be hazardous or unfit for human habitation, it shall be posted by the Building Official on the door of the Rental Dwelling or Rental Dwelling Unit, whichever the case may be, to prevent further occupancy. No person, other than the Building Official, shall remove or alter any posting. The Building Official will post the date the Rental Dwelling or Rental Dwelling Unit shall be vacated and no person shall reside in, occupy or cause to be occupied that Rental Dwelling or Rental Dwelling Unit until the Building Official or Council permits it.<BR><BR>SECTION 16.18. Falsely Reporting Violations. No person shall report a violation of this chapter knowing or having reason to know that the report is false with the intent to affect the licensing status or inspection schedule of the property.<BR><BR>SECTION 16.19. Violations. In addition to any other sanctions or administrative penalties imposed, any violation of this chapter shall constitute a misdemeanor offense, punishable as defined by State<BR><BR>Law. Each day of violation constitutes a separate offense.<BR><BR>SECTION 16.20. No Warranty By City. By enacting and undertaking to enforce this Ordinance, neither the City nor its Council, agents or employees warrant or guaranty the safety, fitness or suitability or any Rental Dwelling or Rental Dwelling Unit in the City. Owners and occupants should take appropriate steps to protect their interests, health, safety and welfare.<BR><BR>SECTION 16.21. Severability Clause. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter.<BR><BR>SECTION 16.22 Remedies in this chapter not exclusive. The remedies provided in this chapter are not exclusive. They are in addition to, and do not supersede or preempt, other remedies such as condemnation, written violation orders and warnings, criminal charges for violation of substantive provisions of any city or state code relating to housing maintenance, fire safety, building codes, zoning, health, and the like. Further, the remedies in this article do not supersede or affect the legal rights and remedies of tenants provided under state law or this Code.<BR><BR>SECTION 16.23. Effective Date: Pursuant to Section 3.08 of the Charter of the City of Ely, Minnesota, the adoption of this Ordinance is effective immediately after final adoption and publication. <BR><BR>First Reading: May 3, 2011 <BR><BR>Terre Boese<BR><BR>City Clerk/Treasurer <BR><BR>Ely Echo 5/14/2011