(A) The license holder shall be responsible to cause persons occupying the dwelling to conduct themselves in a manner as to not cause the premises to be disorderly (conduct as would violate ordinance(s) of the city code or criminal statutes of the State of Minnesota), to be used in connection with the illegal sale or distribution of alcoholic beverages, or possession of contraband.
(B) The Wells Police Department shall be charged with the responsibility of enforcing division (A) above.
(C) Upon determination by the Wells Police Department that disorderly conduct has occurred on the licensed premises, the Housing Inspector shall notify the license holder and each individual tenant by regular mail of the violation and direct the license holder to take steps to prevent further violations.
(D) If another instance of disorderly conduct on the premises occurs within 12 months of an incident for which notice in division (C) above was given, the license holder and each individual tenant shall be notified by regular mail of the instance of disorderly use. The license holder shall also be required to respond in writing as to the steps taken to prevent further violations of this subdivision.
(E) If a third instance of disorderly conduct on the premises occurs within 12 months after receipt of notices as pursuant to divisions (C) and (D) above, the rental license may be revoked or suspended for the dwelling unit, long-term hotel dwelling unit, or rooming house dwelling unit. The suspension or revocation may be for all dwelling units, long-term hotel dwelling units, or rooming house dwelling units in a given building or complex of buildings. If the notice of violation has been with respect to a common area of a building or complex of buildings, then the license as to all dwelling units, long-term hotel dwelling units or rooming house dwelling units in the building or complex of buildings may be suspended or revoked. Upon suspension or revocation, a license holder shall pay to the city a reinstatement fee equal to $100 for the first dwelling unit, long-term hotel dwelling unit, or rooming house dwelling unit re-licensed, and $20 for each additional dwelling unit, long-term hotel dwelling unit or rooming house dwelling unit re-licensed. A suspension may be stayed subject to payment of the applicable reinstatement fees and no further violations of this section for a period of 1 year.
(F) No suspension or revocation shall be imposed where the instance of disorderly conduct on the premises occurred during the pendency of eviction proceedings (unlawful detainer) or within 30 days of notice given by the license holder to a tenant to vacate the premises where the eviction proceedings were undertaken or notice to vacate was given. Eviction proceedings shall not be a bar to sanctions, however, unless they are diligently pursued by the license holder.
(G) All written leases for licensed premises executed after 1-1-1998, shall contain a clause providing that conduct which would be violative or division (A) above shall constitute a material breach of the lease and grounds for termination of the lease.
(H) It shall be irrelevant to proceedings hereunder that the license holder or others were not criminally prosecuted or were acquitted of criminal charges for the incidents serving as the basis of the suspension or revocation.
(I) This chapter becomes effective 1-1-1998. All existing dwelling units, rooming house dwelling units, and long-term hotel dwelling units will be licensed prior to 6-1-1998.
(Ord. 231, passed 9-8-1997)
(J) (1) Failure to comply with any or all parts of this chapter will result in a yearly fine of $300 per unit of rental dwellings. If parties have not made application and paid the rental ordinance fee within 30 days of the implementation date of this chapter they will be fined $300 yearly until properties are brought into compliance.
(2) Upon passage of this amendment and proper publication, rental unit owners have until 10-1-1998 to make application to the City of Wells for their rental license. If application has not been made, owners will be fined $300 yearly until compliance is met.
(Am. Ord. passed 8-10-1998)