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CC WORKSESSION 01292008
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CC WORKSESSION 01292008
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Subd. 6 No Adverse Action Pending Eviction. No adverse license action shall be imposed <br />where the instance of disorderly use of the licensed premises occurred during the <br />pending of eviction proceedings (unlawful detainer) or within 30 days of notice <br />given by the licensee to a tenant to vacate the premises where the disorderly use <br />was related to conduct by that tenant or by other occupants or guests of the tenant's <br />unit. Eviction proceedings are not a bar to adverse license action, however, unless <br />they are diligently pursued by the licensee. Further, an action to deny, revoke, <br />suspend, or not renew a license based upon violations of this section may be <br />postponed or discontinued at any time if it appears that the licensee has taken <br />appropriate measures which will prevent further instances of disorderly use. <br />Subd. 7 Finding of Disorderly Conduct. A determination that the licensed premises have <br />been used in a disorderly manner as described in subd. I of this section shall be made <br />upon a fair preponderance of the evidence to support such a determination. It is not <br />necessary that criminal charges be brought in order to support a determination of <br />disorderly use nor does the fact of dismissal or acquittal of such a criminal charge operate <br />as a bar to adverse license action under this section. <br />Subd. 8 Service of Notices. All notices given by the City under this section must be <br />personally served on the licensee, sent by certified mail to the licensee's last known <br />address or, if neither method of service effects notice, by posting on a conspicuous place <br />on the licensed premises. <br />Subd. 9 Enforcement Actions. Enforcement actions provided in this section are not <br />exclusive, and the City Council may take any action with respect to a licensee, a tenant, <br />or the licensed premises as is authorized by the city code, state or federal law. <br />1336.10 CONDITION OF LICENSED PREMISES. <br />Subd. 1. Compliance Order. Whenever the City Code Official determines that the <br />condition of any rental dwelling or the premises surrounding it fails to meet the <br />provisions of this Chapter, other applicable City Code provisions or the International <br />Property Maintenance Code, he or she may issue a compliance order setting forth the <br />specific violations and ordering the owner to correct such violations. <br />Subd. 2. Contents of the Compliance Order. The compliance order shall: <br />1. Be in writing; and <br />2. Describe the location and nature of the violations; and <br />3. Set forth a reasonable time for the correction of the violations by the <br />owner or resident agent; and <br />4. Be served upon the owner and resident agent either personally or by <br />certified mail. A copy of the compliance order shall also be provided to <br />1/22/2008 <br />
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