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(A) Owner responsible. It shall be the responsibility of the owner to see that persons occupying the rental dwelling conduct themselves in a manner as not to cause the premises to be disorderly. For purposes of this section, a rental dwelling is disorderly at which any of the following activities occur:
(1) Violation of M.S. §§ 609.755 through 609.76, as they may be amended from time to time, as may be amended from time to time, relating to gambling;
(2) Violation of laws relating to prostitution or acts relating to prostitution as defined in M.S. § 609.321, as it may be amended from time to time;
(3) Violation of M.S. §§ 152.01 through 152.027, as may be amended from time to time, relating to the unlawful sale or possession of controlled substances;
(4) Violation of M.S. §§ 340A.401 and 340A.503, as may be amended from time to time, relating to the unlawful commercial sale and underage consumption of alcoholic beverages;
(5) Violation of M.S. § 609.33, as may be amended from time to time, which prohibits owning, leasing, operating, managing, maintaining, or conducting a disorderly house, or inviting or attempting to invite others to visit or remain in a disorderly house;
(6) Violation of M.S. §§ 97B.021, 97B.045, 609.66 through 609.67, 624.712 through 624.716, 624.719, or 624.731 through 624.732, as may be amended from time to time, relating to the unlawful possession, transportation, sale, or use of weapons;
(7) Violation of city code or violation of M.S. § 609.72, as may be amended from time to time, relating to disorderly conduct;
(9) Violation of §§ 95.30 through 95.36 relating to recreational fires.
(B) First violation. Upon determination by the Chief Building Official that a licensed premises was used in a disorderly manner, as described in division (A) above, the Chief Building Official must give notice to the licensee of the violation and direct the licensee to take steps to prevent further violations.
(C) Second violation. If another instance of disorderly use of the licensed premises occurs within 12 months of an incident for which a notice in division (B) above was given, the Chief Building Official must notify the licensee of the violation and must also require the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use of the premises. This written report must be submitted to the Chief Building Official within five days of receipt of the notice of disorderly use of the premises and must detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding three months.
(D) Third violation.
(1) If another instance of disorderly use of the licensed premises occurs within 12 months after any two previous instances of disorderly use for which notices were given to the licensee pursuant to this section, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this section must be initiated by the Chief Building Official who must give to the licensee written notice of a hearing before the City Council to consider such denial, revocation, suspension, or non-renewal. The written notice must specify all violations of this section, and must state the date, time, place, and purpose of the hearing. The hearing must be held no less than ten days and no more than 30 days after giving the notice.
(2) Following the hearing, the City Council may deny, revoke, suspend, or decline to renew the license for all or any part or parts of the licensed premises or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this section.
(E) No adverse action pending eviction. No adverse license action shall be imposed where the instance of disorderly use of the licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or within 30 days of notice given by the licensee to a tenant to vacate the premises where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant’s unit. Eviction proceedings are not a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or not renew a license based upon violations of this section may be postponed or discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent further instances of disorderly use.
(F) Finding of disorderly conduct. A determination that the licensed premises have been used in a disorderly manner as described in division (A) above shall be made upon a fair preponderance of the evidence to support such a determination. It is not necessary that criminal charges be brought in order to support a determination of disorderly use, nor does the fact of dismissal or acquittal of a criminal charge operate as a bar to adverse license action under this section.
(G) Service of notices. All notices given by the city under this section, at the city’s option, may be either personally served on the licensee, sent by regular mail to the licensee at the address listed on the application, or by posting on a conspicuous place on the licensed premises.
(H) Enforcement actions. Enforcement actions provided in this section are not 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 law, or federal law.
(Prior Code, § 3-16-8)
(A) Compliance order. Whenever the Chief Building Official determines that the condition of any rental dwelling or the premises surrounding it fails to meet the provisions of this subchapter, other applicable city code provisions, or the International Property Maintenance Code, he or she may issue a compliance order setting forth the specific violations and ordering the owner to correct the violations.
(B) License action. If the violations listed in the compliance order are not remedied by the owner within the specified time given in the order, the license for the rental dwelling may be denied, suspended, revoked, or not renewed by the city. An administrative fine in an amount set forth from time to time by the City Council by resolution may also be imposed. If the city decides that it will be denying, suspending, revoking, or not renewing a license or imposing an administrative fine pursuant to this section, the city shall send a notice of the proposed action to the owner of the rental dwelling. The proposed action by the city shall be heard by the Council pursuant to the procedure set forth in § 112.10.
(C) Appeal.
(1) When it is alleged by the owner that the compliance order is based upon the erroneous interpretation of this subchapter, other applicable city code provisions, or the International Property Maintenance Code, the owner may appeal the compliance order to the City Council.
(2) The appeal shall be in writing, must specify the grounds for the appeal, must be accompanied by a filing fee, as set forth by resolution of the City Council, from time to time, and must be filed with the city within five business days after service of the compliance order. The appeal shall be heard by the Council pursuant to the procedure set forth in § 112.10.
(3) The filing of the appeal shall stay all proceedings in furtherance of the action appealed from, unless a stay would cause imminent peril to life, health, or property.
(Prior Code, § 3-16-9)
(A) Scheduling of hearing. If the city makes a determination that it will be denying, suspending, revoking, or not renewing a license pursuant to §§ 112.08 or 112.09, or if the owner is appealing the compliance order pursuant to § 112.09, the City Council shall conduct a hearing on the matter. The hearing shall be scheduled at the next regular Council meeting following the date of the notice or receipt of the owner’s notice of appeal of a compliance order.
(B) Hearing. At the hearing, the City Council shall hear all relevant evidence and arguments and shall review all testimony, documents, and other evidence submitted. The owner shall have the opportunity to address the Council at the hearing.
(C) Findings. After the hearing is concluded, the City Council shall make its decision on whether to uphold the compliance order or to revoke, suspend, deny, or not renew the license or impose an administrative fine.
(D) No occupancy. If a license is revoked, suspended, denied, or not renewed by the City Council, it shall be unlawful for the owner to thereafter permit the occupancy of the rental dwelling or the unit. A notice of the action shall be posted by the Building Official on the rental dwelling or the unit in order to prevent any further occupancy. No person shall reside in, occupy, or cause to be occupied that rental dwelling or unit until a license is obtained or reinstated by the owner.
(E) Appeal. An owner may appeal the decision of the City Council as allowed under state law.
(Prior Code, § 3-16-10) Penalty, see § 112.99
Failure by an owner to comply with a compliance order after the right of appeal has expired or violation of any of the provisions of this subchapter shall constitute a misdemeanor. Each day that a violation continues shall be deemed a separate punishable offense.
(Prior Code, § 3-16-11) (Ord. 464, passed 7-23-2007)
MOBILE FOOD UNITS
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