Subd. 1. Notice.
Upon determination by the city manager that a licensed rental dwelling was used in violation of the excessive call provisions listed in sections 425.31, subdivision 14(c), the city manager shall cause written notice to be made to the owner of the violation(s). The written notice must be given as specified in Section 927.07 (including right to appeal as specified in Section 927.09). (Added, Ord. No. 10-13; Amended, Ord. No. 21-12)
Subd. 2. In addition to procedural requirements specified in Section 927.07, property owners must take action to resolve nuisance conduct at their rental properties as follows:
(a) After the first and second occurrence of nuisance conduct within any 365-day period at the same unit or involving the same tenant, the city shall notify the owner and tenant of the nuisance conduct by first class mail and by sending an email to the property manager contact. Such notice shall direct the owner to take steps to prevent further nuisance conduct.
(b) After the third occurrence of nuisance conduct within any 365-day period at the same unit or involving the same tenant, the city shall notify the owner and the tenant of the nuisance conduct by first class mail and by sending an email to property manager contact. Within 10 days of the date of the notice, the owner must supply a written report of all actions taken by the owner since the first and second occurrence of nuisance conduct and actions the owner intends to take to prevent further nuisance conduct.
(c) After the occurrence of excessive calls at the same unit or involving the same tenant, if the property owner fails to diligently pursue correction of the situation, the City Council may fine, suspend, revoke, or not renew the rental license for the rental unit. The hearing before the City Council after the occurrence of excessive calls is a civil hearing, and the Council will make its determination based on a “fair preponderance of the evidence.” It is not necessary that criminal charges be filed in order for the city to fine, suspend, revoke, or not renew a rental license and a dismissal or acquittal of criminal charges does not prohibit the city from taking action against a license. (Added, Ord. No. 21-12)
Additional nuisance service fees as outlined in section 927 (repeat nuisance service calls) shall be assessed to the property, if applicable, as well as any other legal remedies as noted in Section 927.11. Any outstanding fees must be paid prior to the City renewing a rental license for the licensed property. Special assessment of the prior year’s fees as a result of non-payment does not qualify as a fee payment. (Added, Ord. No. 10-13; Amended, Ord. No. 21-12)
Subd. 3. Recovery of fees. Any unpaid fees resulting from violations of this section, may be collected by appropriate legal means. (Added, Ord. No. 10-13; Amended, Ord. No. 21-12)