Laserfiche WebLink
M <br />Subd. 5 Third Violation. <br />If another instance of disorderly use of the licensed premises occurs <br />within three months after any two previous instances of disorderly use for <br />which notices were given to the licensee pursuant to this section, the <br />rental dwelling license for the premises may be denied, revoked, <br />suspended or not renewed. Written notification (ticket) will be issued by <br />the City Code Enforcement Officer. Such written notice must specify all <br />violations of this section, and must state the date, time, place and purpose <br />of the hearing. The hearing must be held no less than ten days and no <br />more than 30 days after giving such notice. <br />2. Following the hearing, the City Council may deny, revoke, suspend or <br />decline to renew the license for all or any part or parts of the licensed <br />premises or may grant a license upon such terms and conditions as it <br />deems necessary to accomplish the purposes of this section. <br />Subd. 6 No Adverse Action Pending Eviction. No adverse license action shall be <br />imposed where the instance of disorderly use of the licensed premises <br />occurred during the pending of eviction proceedings (unlawful detainer) or <br />within 30 days of notice given by the licensee to a tenant to vacate the <br />premises where the disorderly use was related to conduct by that tenant or <br />by other occupants or guests of the tenant's unit. Eviction proceedings are <br />not a bar to adverse license action, however, unless they are diligently <br />pursued by the licensee. Further, an action to deny, revoke, suspend, or not <br />renew a license based upon violations of this section may be postponed or <br />discontinued at any time if it appears that the licensee has taken <br />appropriate measures which will prevent further instances of disorderly <br />use. <br />Subd. 7 Finding of Disorderly Conduct. A determination that the licensed <br />premises have been used in a disorderly manner as described in Subd. 1 of this <br />section shall be made upon a fair preponderance of the evidence to support such <br />a determination. It is not necessary that criminal charges be brought in order to <br />support a determination of disorderly use nor does the fact of dismissal or <br />acquittal of such a criminal charge operate as a bar to adverse license action <br />under this section. <br />Subd. 8 Service of Notices. All notices given by the City under this section must <br />be personally served on the licensee, sent by certifed mail to the licensee's last <br />known address or, if neither method of service effects notice, by posting on a <br />conspicuous place on the licensed premises. <br />Subd. 9 Enforcement Actions. Enforcement actions provided in this section are <br />not exclusive, and the City Council may take any action with respect to a licensee, <br />a tenant, or the licensed premises as is authorized by the city code, state or <br />