(A) Upon a second violation within 18 months a meeting shall be held before a body known as the Crime Free Rental Housing Committee. The Crime Free Rental Housing Committee shall consist of the one city council member, one member of the Planning Commission, and three citizens at large. The City Administrator, City Planner and a representative from the Olmsted County Sheriff’s Office will also attend these meetings. All members of the Crime Free Rental Housing Committee shall be appointed annually by the City Council. All parties shall be offered an opportunity to appear at such meeting after receiving reasonable notice. The notice shall state the time, place and issues involved. At this meeting, rental property owners may present evidence of mitigating circumstances showing the absence of any need for a public hearing before the City Council to consider the revocation or suspension of the license or right to receive such a license, or the imposition of fines or other sanctions. The board shall in good faith hear and consider this evidence in making a determination regarding whether or not to recommend to the City Council to hold a public hearing. At the conclusion of the meeting, the board shall formulate a compliance order or make a recommendation to the City Council regarding a public hearing. The board’s recommendation must be submitted to the City Council for consideration. If the City Council determines to call for a public hearing to consider the issue of suspension or revocation, or the imposition of a fine, the City Council shall follow the procedures described in § 114.13.
(B) No suspension or revocation shall be effective until the rental property owner has been afforded an opportunity for a hearing under the Minnesota Administrative Procedure Act, §§ 14.57 to 14.70. Should the City Council hold a public hearing pursuant to the recommendation of the Crime Free Rental Housing Committee, all parties shall be afforded an opportunity to appear at such hearing after receiving reasonable notice. The notice shall state the time, place, and issues involved. At this hearing, license holders may present evidence of mitigating circumstances that would allow a rental property owner to retain his or her license or the right to obtain such a license. The City Council shall in good faith hear and consider this evidence in making a determination to revoke or suspend the license or right to receive a license, impose civil penalties, or impost other reasonable conditions based upon violations of this chapter. The City Council may postpone or discontinue such proceedings if it appears that the licensee has taken appropriate measures that will prevent further instances of disorderly use.
(C) The City Council reserves the right to impose any of the following sanctions for violations of § 114.13.
(1) Impose other reasonable conditions intended to limit future incidents of disorderly use (including but not limited to requiring the property owner(s) and manager(s) to attend the Crime Free Rental Housing sessions.
(2) Impose a civil fine not to exceed an amount equal to one-month rent for each violation found as a result of the hearings.
(3) Suspend the license or right to receive a license for up to 60 days.
(4) Revoke the license or right to receive a license and establish the time period after which an application for a new certificate for the premises may be made.
(D) Upon expiration of the suspension or revocation period, a license holder shall pay to the city a reinstatement fee of $500 (this fee is not a refundable application fee). This fee may adjusted with the annually.
(Ord. 114, passed 6-25-08)