(A) First instance. The code official shall, upon receiving notice of the first occurrence of disorderly behavior, notify in writing by certified and first class mail the licensee and tenant of the violation and direct the licensee to take steps to prevent further disorderly behavior.
(B) Second instance. If, after notification, but less than one year from the date of first notice, a second instance of disorderly behavior occurs at a dwelling unit covered by the same license, the code official shall notify in writing by certified and first class mail to the licensee and the tenant of the violation and direct the licensee to submit to the code official, within ten days of the date of the notice, a written report of all actions taken by the licensee since the first violation notice and actions the licensee intends to take to prevent further disorderly behavior.
(C) Third instance. If, after notification, but less than one year from date of second notice, a third instance of disorderly behavior occurs at a dwelling unit covered by the same license, the rental license may, following an opportunity for the licensee to be heard by the City Council, be revoked, suspended or not renewed by the City Council upon the recommendation of the code official. In buildings containing more than one dwelling unit, the revocation, suspension, denial or non-renewal may apply to one or more dwelling units at the discretion of the City Council. The code official shall submit his or her written recommendation for action to the City Council and licensee by certified and first class mail within 20 days of receiving notice of the third instance of disorderly behavior.
(D) Postponing license action.
(1) An action to suspend or revoke a rental license may be stayed during the period in which a licensee is actively, diligently, in good faith and without delay pursuing an unlawful detainer action against tenants of the licensed dwelling unit if the removal of those tenants, in the opinion
of the code official, will cure the violations for which action to revoke or suspend the rental license has been recommended to the City Council.
(2) In such cases, the licensee may be allowed a reasonable time to complete the eviction process, but not more than 60 days from the date of the third instance of disorderly behavior.
(E) Determining disorderly behavior. A determination that the licensed dwelling unit has been the location of disorderly behavior shall be made by the code official after review of the evidence. It shall not be necessary that criminal charges be brought in order to support a determination of disorderly behavior, nor shall the fact of dismissal or acquittals of such criminal charges operate as a bar to adverse license action under this chapter.
(F) Remedies not exclusive. The criminal and civil remedies provided in this chapter are not exclusive, and the City Council may take any action with respect to a licensee, tenant, occupant or the licensed premises as is authorized by this code of ordinances or laws of the state.
(Ord. 2018-18, passed 2-28-2018; Ord. 2019-07, passed 6-11-2019)