(A) It shall be the responsibility of the licensee to take appropriate action following conduct by occupant(s) or guest of the occupant(s) which is in violation of any of the following:
(1) Anytime, day or night, that the premises are involved in any of the following:
(a) Unlicensed sale of intoxicating liquor or non-intoxicating malt beverages;
(b) Furnishing intoxicating liquor or non-intoxicating malt beverages by persons under the age of 21 years;
(c) Consumption of intoxicating liquor or non-intoxicating malt beverages by persons under the age of 21 years;
(d) Vice crimes;
(e) Sale or use of illegal drugs by any person on the premises;
(f) Storage of unlicensed or inoperable vehicles, trailers, boats, RVs and campers;
(g) Allowing grass or weeds to exceed 6 inches in height;
(h) Failure to remove ice or snow on adjacent sidewalks within 48 hours after snow or ice has ceased to fall;
(i) Parking of any vehicles in front yard areas, except permitted driveways;
(j) Failure to pay monthly utility bill by the due date;
(k) Failure to comply with § 92.21: Building Maintenance and Appearance after notification by the city;
(l) Failure to make corrective state building code or city code changes after notification by the city.
(2) Anytime, day or night, that the premises are involved in a manner affecting the neighborhood for any of the following:
(a) Disorderly conduct;
(b) Disturbing the peace;
(c) Obstructing an officer;
(d) Assault (including domestic assault);
(e) Criminal damage to property;
(f) Vice crimes.
(3) Between the hours of 7:00 a.m. and 10:00 p.m. for any of the following:
(a) Where the police respond initially and describe the activity as "loud and intrusive" or in any manner affecting the tranquility of the neighborhood (such as, excessive littering, public urination, and the like) and persons involved refusing to comply with police directive to curtail the behavior within 10 minutes;
(b) Where the police respond a second time and describe the activity as "loud and intrusive" or in any manner affecting the tranquility of the neighborhood (such as, excessive littering, public urination, and the like) on both occasions;
(c) Where the police respond on 3 separate dates and describe the activity as "loud and intrusive" or in any manner affecting the tranquility of the neighborhood (such as, excessive littering, public urination, and the like).
(4) Between the hours of 10:00 p.m. and 7:00 a.m. for any 1 or more of the following:
(a) Where police describe the noise level outside of the confines of the dwelling unit as "loud and intrusive." This description should give some indication of the distance that the noises are heard;
(b) Where people are using profanity that can be heard outside the confines of the dwelling unit;
(c) Where music, either from the confines of the dwelling unit, the yard area of the dwelling unit or any parking area defined for the dwelling unit, can be heard from the street, alley or neighboring yards;
(d) Where a gathering is going on either in and/or out of the dwelling unit in a manner that involves any of the following:
1. Disruption of the neighbors, such as, revving of cars, squealing of tires, loud shouting, and the like;
2. Littering;
3. Inappropriate behavior, such as, urinating in yards, persons passed out, and the like;
4. Damaging of property; and where after investigation the officer(s) can show that the inappropriate activity was directly related to the licensed premises. Proof may include, but is not limited to, direct observation by officers, admissions by persons present or testimony/statements by complainants and witnesses.
(e) Where officers are unable to personally verify the existence of any of the criteria listed in divisions (d)1. through 4. above, but complainants/witnesses are willing to testify to 1 or more of those facts at a criminal or civil proceeding.
(B) The Chief of Police or his or her designee shall be responsible for enforcement and administration of this section.
(C) Upon determination by the Chief of Police that a short-term rental licensed premises was involved in a violation of division (A) of this section, the Chief of Police shall notify the licensee by first class mail of the violation and issue a warning.
(D) Upon a second violation within 12 months of division (A) of this section involving a guest or an occupant of a licensed premises, the notice provided under division (C) of this section shall require the licensee to submit a written report of the action taken to prevent further violations on the premises and pay a fine of $200 to be paid within 14 days after notification is issued. Failure to pay fine will result in immediate revocation of the rental license. This written report shall be submitted to the Police Chief within 5 days of request of the report and shall detail all actions taken by the licensee in response to all notices regarding violations to division (A) of this section within the preceding 12 months. If the licensee fails to comply with the requirements of the section, the short-term rental license for the individual licensed premises may be denied, revoked, suspended, or such other penalty imposed by the City Council. An action to deny, revoke, suspend or renew a license under this section shall be initiated by the City Council at the request of the Police Chief.
(E) If a third or subsequent violation of division (A) of this section involving a guest of or an occupant of a licensed premises occurs within 12 months after any 2 previous instances for which notices were sent to the licensee regarding the same licensed premises, the short-term rental license for the individual rental unit will be revoked. Any action to revoke a license under this section shall be initiated by the City Council at the request of the Police Chief.
(F) No adverse license action shall be imposed if the violation to division (A) of this section occurred during the pendency of eviction proceedings (unlawful detainer) or within 30 days of notice given by the licensee to an occupant to vacate the premises, where the violation was related to conduct by that occupant, other occupants, or the occupant's guests. Eviction proceedings shall not be 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 violations to division (A) of this section.
(G) A determination that the licensed premises has been used in violation of division (A) of this section shall be made by the Council upon substantial evidence to support such a determination. It shall not be necessary that criminal charges be brought to support a determination of violation to division (A) of this section, nor shall the facts of dismissal or acquittal of criminal charges operate as a bar to adverse license action under this section
(Ord. 111, 4th Series, passed 1-7-2019)