2007-008 Council Ordinances - Laserfiche WebLink

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(2) Enforcement Authority. The City Administrator shall be responsible for enforcement and administration of this Chapter. Authority to take any action authorized by this Chapter may be delegated to the City Administrator's authorized designee. (3) Notice of Violation. Upon determination by the City that a licensed premises was used in a disorderly manner notice of the violation shall be given to the licensee. The notice shall include a directive for the licensee to take steps to prevent further violations. The disorderly manner shall be as defined in Section 1009.49, subd. 9. (4) Second Instance. If a second instance of disorderly use of the licensed premises occurs within three months of an incident for which a notice was provided as specified in Section 1009.49, subd. 3, the City shall notify the licensee of the violation and shall also require the licensee to submit a written report of the actions taken and proposed to be taken by the licensee to prevent further disorderly use of the premises. This written report shall be submitted to the City within five days of receipt of the notice of disorderly use of the premises and shall detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding three months. (5) Third Instance. If a third instance of disorderly use of the licensed premises occurs within three months after any two previous instances of disorderly use for which notices were provided as specified in Section 1009.49, subd 3 and 4, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this Subsection shall be initiated by the City by giving written notice to the licensee of a hearing before the City Council to consider such denial, revocation, suspension or non -renewal. The written notice shall specify all violations and shall state the date, time, place and purpose of the hearing. The hearing shall be held no less than ten days and no more than thirty days after giving the notice. (6) Action of the City Council. Following the hearing, the City Council may deny, revoke, suspend, or decline to renew the license for all or any part or parts of the licensed premises or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this Section. (7) Instances Defined. For purposes of this Section, second and third instances of disorderly use shall be those which: (a) Occur at the same rental unit; or (b) Involve tenants at the same rental unit; or (c) Involve guests or invitees at the same rental unit; or (d) Involve guests or invitees of the same tenant; or (e) Involve the same tenant. (8) Eviction Proceedings. No adverse license action shall be imposed where the instance of disorderly use of the licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or within thirty days of notice given by the licensee to a tenant to vacate the premises where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction proceedings shall not be a bar to adverse license action, however, unless they are 18