City of Pelican Rapids, Minnesota Ordinance no. 2026-05 CHAPTER TEN HOUSING AMENDMENT

THE COUNCIL OF THE CITY OF PELICAN RAPIDS DOES ORDAIN:

SECTION ONE. That Chapter Ten of the Pelican Rapids City Code be amended as follows:

It is hereby declared to be the policy of the City of Pelican Rapids in the exercise of its police power for the public safety, public health, and general welfare to assure equal opportunity to all persons to live in decent housing facilities regardless of race, color, creed, national origin, religion, age, sex, sexual orientation, gender identity, marital status, familial status, status with regard to public assistance, disability, or any other category protected by law, and to that end, to prohibit discrimination in housing by any persons.

Subdivision 6. “Real Estate Broker” or “Real Estate Salesperson”. Includes any individual, qualified by law, who, for a fee, commission, salary or for other valuable consideration, or who with the intention or expectation of receiving or collecting same, lists, sells, purchases, rents, or leases any housing accommodations, including options thereupon, or who negotiates or attempts to negotiate such activities; or who advertises or holds themself out as engaged in such activities; or who negotiates or attempts to negotiate a loan, secured by a mortgage or other encumbrance, upon transfer of any housing accommodation; or who is engaged in the business of charging an advance fee or contracting for collection of a fee in connection with a contract whereby they undertake to promote the sale, purchase, rental or lease of any housing accommodation through its listing in a publication issued primarily for such purpose; or an individual employed by or acting on behalf of any of these.

Subdivision 1. Refuse to sell, purchase, rent or lease, or deny to or withhold any housing accommodation from a person because of their race, color, religion, ancestry, national origin, sex or place of birth; or

Subdivision 3. To refuse to receive or transmit a bona fide offer to sell, purchase, rent or lease any housing accommodation from or to a person because of their race, color, religion, ancestry, national origin, sex or place of birth; or

Subdivision 4. To refuse to negotiate for the sale, purchase, rental or lease of any housing accommodation to a person because of their race, color, religion, marital status, sex or national origin; or

Subdivision 14. Otherwise to deny to, or withhold any housing accommodation from a person because of their race, color, religion, marital status, sex or national origin; or

Subdivision 3.

1. Without the use in any manner of the sales or rental facilities or the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesperson or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesperson, or person; and

Subdivision 4. Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently with each other, if the owner actually maintains and occupies one of such living quarters as their residence.

Subdivision 5. Procedure. Any person aggrieved by an unlawful practice prohibited by this ordinance may file a complaint with the City Administration within thirty (30) days after the aggrieved person becomes aware of the alleged unlawful practice, and in no event more than sixty (60) days after the alleged unlawful practice occurred. The City Administration or their duly authorized representative shall investigate each complaint and attempt to resolve each complaint. Failure to achieve a resolution acceptable to both parties and compliance with this ordinance shall cause the City Administration to forward the complaint and his findings to appropriate state and federal officials.

Subdivision 8. Severability of Invalid Provisions. In case any one or more of the sections, subsections, subdivisions, clauses, or provisions of this ordinance, or the application of such section, subsections, clauses or provisions to any situation, circumstances, or person, shall for any reason be held to be unconstitutional or invalid, such unconstitutionality or invalidity shall not affect any other sections or provisions of this ordinance or the application of such sections, subsections, subdivisions, clauses or provisions to any other situation, circumstance or person, and it is intended that this ordinance shall be constructed and applied as if such section, subdivision or provision so held unconstitutional or invalid had not been included in this ordinance.

It is hereby found that there exists and may in the future exist, within the City of Pelican Rapids, Minnesota, residential rental premises, dwellings, dwelling units, rooming units or parts thereof, and renter-occupied mobile homes which by reason of their structure, equipment, sanitation, maintenance, use, or occupancy affect, or are likely to affect adversely, the public health (including the physical, mental, and social well-being of persons and families), safety, and general welfare. To correct and prevent the existence of such adverse conditions, and to achieve and maintain such levels of residential environmental quality as will protect and promote public health, safety, and general welfare, it is further found that the establishment and enforcement of minimum housing standards are required.

The provisions of this Ordinance shall apply uniformly to the construction, maintenance, use, and occupancy of all residential rental units and structures, inclusive of rental units in mixed-use structures where applicable, and to all renter-occupied mobile homes, and shall apply uniformly to the alteration, repair, equipment, use, occupancy, and maintenance of all existing residential rental units and structures, inclusive of rental units in mixed-use structures, and to all renter-occupied mobile homes within the jurisdiction of the City of Pelican Rapids, Minnesota, irrespective of when or under what code or codes such buildings or structures were originally constructed or rehabilitated. However, the provisions of this Ordinance shall not apply to any county, state, or federally licensed facilities/units.

Appropriate Authority shall mean any one or more of the City Administrator, City Clerk, Chief of Police, City inspector or any other person who is appointed by the City and charged with the administration of any aspect of this Ordinance.

Rental Unit shall mean any dwelling, dwelling unit, rooming house, or rooming unit which is leased to another party for more than thirty (30) days and any renter-occupied mobile home.

Every rental unit must be maintained in compliance with the applicable provisions of the City Code of the City of Pelican Rapids, the state of Minnesota Nuisance Statutes, state of Minnesota Building Codes, state of Minnesota Dwelling Maintenance Standards, state of Minnesota Health Code and state of Minnesota Fire Code respectively as now in force and hereafter amended, revised or replaced, and in compliance with all other standards, ordinances, laws and regulations governing use, occupancy, construction and maintenance of property and conduct of persons in or on that property. The city may from time to time adopt by council resolution specific supplemental standards and regulations. Rental unit registration or licensing does not constitute certification of compliance with such codes, standards, ordinances or statutes.

Subdivision 3. Every occupant of a rental unit shall maintain in a clean and sanitary condition that part or those parts of the rental unit and premises thereof that they occupy and control.

Subdivision 4. Every occupant of a rental unit shall store and dispose of all their rubbish in a clean, sanitary, and safe manner.

Subdivision 5. Every occupant of a rental unit shall store and dispose of all their garbage, refuse, and any other organic waste which might provide food for insects and/or rodents in a clean, sanitary, and safe manner. All garbage cans and refuse containers shall be ratproof, insect proof, watertight, structurally strong to withstand handling stress, easily filled, emptied, and cleaned; shall be provided with tight-fitting covers or similar closures; and shall be maintained at all times in a clean, sanitary condition. Plastic bags may be used as garbage and refuse container liners, but shall not be used without the container for on-site storage of garbage or refuse.

Subdivision 9. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of insects and/or rats on the premises; and every occupant of a dwelling unit in a dwelling containing more than one (1) dwelling unit shall be responsible for such extermination whenever their dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a ratproof or reasonably insect proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two (2) or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two (2) or more dwelling units, extermination thereof shall be the responsibility of the owner.

Subdivision 1. The Appropriate Authority shall enforce the provisions of this Ordinance and is hereby authorized and directed to make inspections pursuant to one (1) or more of the plans for inspection authorized by Section 1002.07; or in response to a complaint that an alleged violation of the provisions of this Ordinance or of applicable rules or regulations pursuant thereto may exist; or when the Appropriate Authority has good faith reason to believe that a violation of this Ordinance or any rules and regulations pursuant thereto has been or is occurring.

Subdivision 7. If any owner, occupant, or other person in charge of a rental unit subject to licensing this Ordinance, fails or refuses to permit free access and entry to the structure or premises under their control, or any part thereof, with respect to which an inspection authorized by this Ordinance is sought to be made, the Appropriate Authority may, upon showing that probable cause exists for the inspection and for the issuance of an order directing compliance with the inspection requirements of this section with respect to such dwelling, dwelling unit, rooming unit, multiple dwelling, or rooming house, petition and obtain such order from a court of competent jurisdiction.

SECTION TWO. That this ordinance shall take effect and be in force on publication.

Adopted this 8th day of September, 2026.

CITY OF PELICAN RAPIDS

ATTEST : Danielle Harthun, City Clerk

BY: Brent E. Frazier, Mayor