(a)   License suspension or revocation. Any license granted pursuant to this Division E 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 be 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
      (6)   Failure to pay any civil penalty or nuisance service call fee issued pursuant to §§ 1.13 and 12.15 of this code and/or city water utilities per § 11.07 of this city code.
   (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 E may be construed to limit the city’s other available legal remedies for any violation of law.
(Ord. 2014-9, passed 5-5-2014)