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(a) License suspension or revocation. Any license granted pursuant to this Article VIII may be suspended or revoked for cause upon reasonable notice and hearing before the City Council. Grounds for suspension or revocation of the license include, but are not limited to:
(1) Any violation of city code or applicable state laws, rules or regulations or failure to permit a required inspection by the city;
(2) Fraud, misrepresentation or false statement contained in a license application;
(3) Fraud, misrepresentation or false statement made in the course of carrying on the licensed rental property business;
(4) A licensee’s criminal conviction that is directly related to the licensed activity as defined by M.S. § 364.03, subd. 2, as it may be amended from time to time, provided that the licensee cannot show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed activity as defined by M.S. § 364.03, subd. 3, as it may be amended from time to time;
(5) Conducting the licensed rental business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the community; or
(b) Notice and hearing. No revocation or suspension will take effect until the City Council or an administrative law judge appointed by the City Council, conducts a hearing on the matter preceded by written notice to the licensee. The notice will give at least eight days’ notice of the time and place of the hearing and will state the nature of the charges against the licensee. The notice will be mailed by regular mail to the licensee at the most recent address listed on the license application. If the hearing is conducted by an administrative law judge, that appointee must keep a taped transcript of the hearing and will provide to the City Council copies of all exhibits, memoranda and materials submitted, minutes of the hearing and a copy of the administrative law judge’s recommendation and the findings of fact and conclusions of law serving as a basis for the recommendation. Any fees associated with the administrative law judge review will be shared equally between the city and the licensee. The City Council will make the final decision to revoke or suspend the license based upon the entire record.
(c) Additional civil and criminal penalties. A violation of this Article VIII is a misdemeanor under state law. In addition, civil penalties may be issued pursuant to city code §§ 1.10 through 1.19, of up to $2,000 per offense, which if left unpaid is subject to assessment against the real property subject to this license. Failure to pay civil fines or penalties may result in future license ineligibility. Nothing in this Division D may be construed to limit the city’s other available legal remedies for any violation of law.
(Ord. 2014-9, passed 5-5-2014; Ord. 2022-14, passed 4-25-2022)
Whenever any
has no license; has been denied an initial license; had its license revoked, suspended, denied or not renewed; or the unit has been condemned as unfit for occupancy, the unit may be posted by the
to prevent further occupancy. No
, other than the
, may remove or alter any posting. The
will post the date the
must be vacated and no
may reside in, occupy or cause to be occupied that
until the
permits it.
The
, Police Department and
are authorized as a condition of licensure to make inspections and examinations of the licensed
and common areas as are reasonably necessary for the enforcement of this Article VIII of the city code. The
is responsible for notifying the
and obtaining consent to enter their units for inspections. The
and
must facilitate access to all portions of the licensed premises at any reasonable time for the purpose of inspection and must exhibit and facilitate copying of any records deemed necessary by the
, Police Department or
to ascertain compliance with this Article VIII of city code and for public health and safety. The
or
must be available for discussion of conditions during the inspection. No
may interfere with or hinder the
, Police Department or
in the performance of their duties or refuse to permit inspections under this Article VIII. The
or
notifies the
or
of the licensed
in writing of any violations. The notice directs that compliance be made by a specified date, subject to extension by the
based on good cause. The failure to remove or correct each noted violation in the notice within the time period noted constitutes a separate violation for each day the violation continues to exist.
(Ord. 2014-9, passed 5-5-2014; Ord. 2017-25, passed 7-25-2017)
If the owner or agent makes an appointment for a routine or follow-up inspection but fails to appear for the inspection or allow access to the dwelling unit for the Housing Inspector, then a reinspection fee will be applied to the license fee. The reinspection fee is in Appendix A. If the
determines that the licensed
violates any requirements of this Article VIII or any other article, division or section of this code or applicable state laws, the
provides written notice to the
or
or both of the licensed
in violation stating the nature of the violations and a deadline for correcting the violations. The
may also issue an administrative citation pursuant to §§ 1.10 through 1.19 of this city code to the
or
or both of the property in violation. In addition, the city may initiate appropriate civil or criminal or both actions upon failure of an
to correct any violation of the city code or applicable state laws, rules or regulations. Failure to pay outstanding civil fines or fees may result in future license ineligibility.
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