(A) Violations. The following actions by property owners or registration holders are misdemeanors punishable as set forth in state law and are subject to civil penalties, may constitute the basis for revocation of registrations, and may result in injunctive action by the city. The property owner shall be responsible for the conduct of its agents or employees while engaged in normal business activities on the registered premises. Any violation of this chapter shall be considered an act of the property owner or registration holder for purposes of registration revocation. If a registration is revoked, it is unlawful for the owner to permit occupancy of any rental unit or permit new occupancy of any vacant rental unit or any units that become vacant during registration revocation.
(B) Basis for sanctions.
(1) The City Administrator or designee may revoke, suspend, deny or decline to renew any registration issued under this chapter for part or all of a rental residential building or rental dwelling unit upon any of the following grounds:
(a) Leasing without a registration. Leasing residential units without a registration or units subject to registration suspension or revocation;
(b) Violation of codes. Violation of any city ordinance, the Property Maintenance Code, Building Code or Fire Code;
(c) Hazardous or uninhabitable units. Leasing units that are deemed hazardous or uninhabitable or units within a building that is deemed hazardous or uninhabitable;
(d) Commission of a felony. Commission of a felony related to the registered activity by the property owner or manager;
(e) Disorderly use. Failure to take any action required by § 117.11(B) of this chapter following a third or successive strike for disorderly use by a tenant or guest;
(f) Consideration of suspension or revocation. At any time during a registration period, if a rental property does not meet or exceed the criteria established for the current registration, the registration may be brought forth to the City Council for consideration of registration suspension or revocation;
(g) Updated application information. Failure to provide updated application information during the registration period;
(h) False statements. False statements on any application or other information or report required by this chapter to be given by the applicant or registration holder;
(i) Fees. Failure to pay any application, inspection, penalty, reinspection or reinstatement fee required either by this section or City Council resolution;
(j) Correction of deficiencies. Failure to correct deficiencies in the time specified in a compliance order;
(k) Inspection. Failure to allow an authorized inspection of a rental residential building or rental dwelling unit;
(l) Violation of statute. Violation of an owner’s duties under M.S. §§ 299C.66 to 299C.71 (Kari Koskinen Manager Background Check Act), as it may be amended from time to time; or
(m) Delinquent taxes or fines. Real estate or personal property taxes or municipal utilities have become delinquent or unpaid fines.
(2) In the case of continuing code violations or rental of residential units without a registration, a separate violation occurs each day that the property owner or registration holder is in violation of this section.
(C) Penalties. Any violation of this chapter may be grounds to revoke or suspend a registration. A revocation or suspension under this chapter does not preclude criminal prosecution under this chapter or the state statutes. All fines are cumulative and revocation periods will run consecutively. The City Administrator or designee may temporarily suspend a registration pending a hearing on the suspension or revocation when, in his or her judgment, the public health, safety, and welfare is endangered by the continuance of the registered activity.
(Ord. 86, Seventh Series, passed 10-7-2019)