(A) Notification. Prior to denial, suspension or revocation, the licensee (or his or her designated agent) and all occupants of units potentially subject to denial, suspension or revocation, shall be notified in writing pursuant to the terms of this chapter. Any applicant whose license is denied, or any licensee whose license is suspended or revoked, shall be entitled to appeal and to a hearing on the appeal. Notice of the hearing shall be provided to all interested parties at least 20 days prior to a hearing.
(B) Hearing. A hearing shall be held by the Hearing Examination Board. The hearing shall be conducted to meet the licensee and occupant’s due process rights, including:
(1) Allowing interested parties, or their attorneys, the right to present evidence, witnesses and to cross-examine all adverse witnesses; and
(2) Making a complete record of all proceedings, including findings of fact and conclusions of law.
(C) Suspension or revocation.
(1) Every operating license issued under the provisions of this chapter is subject to suspension or revocation for the entire rental dwelling or for individual rental units, by the City Council, should the licensee fail to properly license and maintain the rental unit.
(2) A rental license may also be denied, suspended or revoked for any of the following reasons:
(a) The license and/or license application was procured by misrepresentation of material facts, by fraud, by deceit or by bad faith;
(b) The applicant or one acting on his or her behalf made oral or written misstatements or misrepresentations of material facts in or accompanying the application; and/or
(c) The activities of the licensee or the failure to adequately maintain the property to comply with Health, Safety, Building Codes and § 151.10(A) through (F) of this chapter.
(D) Effect of denial, suspension or revocation. In the event a rental license is denied, suspended or revoked by the City Council, it shall be unlawful for the owner or his or her duly authorized agent to thereafter permit any new occupancies of vacant or thereafter vacated rental units, until such time as a valid rental license is restored to the affected units.
(E) No occupancy. If a license is revoked, suspended, denied or not renewed by the City Council, it shall be unlawful for the owner, or manager, to thereafter permit the occupancy of the unlicensed rental dwelling of the unit. The city shall send and post a copy of the City Council action on the rental dwelling(s) or units(s) impacted by action in order to prevent any further occupancy. No person shall reside in, occupy or cause to be occupied any unlicensed rental dwelling or unit. If the rental, dwelling(s) or unit(s) is occupied at the time the licenses is revoked, suspended, denied or not renewed, then the owner, or manager, shall inform, the tenant(s) that the tenant(s) have 30 days from the date of the City Council action to vacate. Occupation of the rental dwelling or unit after those 30 days is unlawful.
(F) Failure to obtain a license. If it is determined that a rental unit is being operated without a valid license, an immediate inspection shall be conducted. Contracts for deed are subject to recording under M.S. § 507.235, subd. 1, a it may be amended from time to time. Any property that has been issued a rental license or that is subject to this chapter, shall also file with the city a copy of the contract for deed within 30 days of the transfer of the property. Failure to file the notice with the city will result in a violation of the Rental Code.
(2001 Code, § 13.100) (Ord. 13, passed 6-2-2014)