(A) It shall be the responsibility of the occupants to conduct themselves in such a manner as not to cause the premises to be disorderly. Upon determination by the city that a registered premises was used in a disorderly manner, the city shall give notice to the registrant and occupant of the violation and direct the registrant and occupant to take steps to prevent further violations.
(B) If another instance of substantiated disorderly use of registered premises occurs within three months of an incident for which a notice was given, the city shall notify the registrant and occupant of the violation, issue a citation to the tenant as a second violation consistent with the current resolution establishing fees for violations of this section, and shall also require the registrant and occupant to submit a written report of the actions taken, and proposed to be taken by the registrant and occupant to prevent further disorderly use of the premises. This written report shall be submitted to the city within five days of receipt of the notice of disorderly use of the response to all notices of disorderly use of the premises within the preceding three months.
(C) If another instance of substantiated disorderly use of the registered premises occurs within three months after any two previous instances of disorderly use for which notices were given to the registrant and occupant pursuant to this section, the rental dwelling registrant must then initiate eviction proceedings. In the event of an eviction, and upon inspection of the dwelling, the tenant will be held responsible for any costs of repairs or cleaning required to bring the facility back into compliance with this section as a result of the actions of the tenant.
(D) No adverse action shall be imposed upon the registrant where the instance of disorderly use of the registered premises occurred during the pendency of eviction proceedings.
(E) A determination that the registered premises have been used in a disorderly manner shall be made upon a fair preponderance of the evidence to support such a determination. It shall not be necessary that criminal charges be brought in order to support a determination of disorderly use, nor shall the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this section.
(F) Enforcement actions provided in this section shall not be exclusive, and the City Council may take any action with respect to a licensee, a tenant or the licensed premises as is authorized by the city code, state or federal law.
(Ord. passed - -2012)