Fairmont, Minn., Mun. Code Ch. 27 (2026) § 27-10

(a) The city reserves the right to refuse to register a rental unit if it does not comply with the requirements of this chapter. Any registration issued under this chapter is subject to the right, which is hereby expressly reserved by the city, to revoke, suspend, deny or not renew any license issued under this section. In buildings containing more than one (1) rental housing unit, the revocation, suspension, denial or non-renewal may apply to one (1) or more rental housing units based on specific violations. A registration shall only be revoked, suspended, denied, or not renewed for cause. For the purposes of this section, the basis for such revocation, suspension, denial or non-renewal includes, but is not limited to, any of the following circumstances:


(1) The license was procured by misrepresentation of the facts with regard to the rental dwelling unit.


(2) The applicant or person acting on their behalf made oral or written misstatements pertaining to the application.


(3) The actions of the owner or owner's representative involving a rental unit have created a danger to the public health, safety or welfare.


(4) The rental dwelling unit contains conditions that endanger the safety, health or welfare of any member of the public.


(5) Failure to pay any required application, penalty or reinstatement fee.


(6) Failure to correct violations of section 27-7 (f) or 27-8 (f) in the time period specified in the notice of violation and correction.


(7) Following the third instance of disorderly conduct specified in section 27-13 .


(8) Any violation of this chapter.


(b) Notice. The city shall notify the owner or owner's representative in writing of the basis for the revocation, suspension, denial or non-renewal of the rental license and the date upon which the action takes effect. Notice shall be served on the registration holder in person or by certified mail with return receipt requested.


(c) The city shall notify the owner of their right to have the decision to revoke, suspend, deny or not renew the rental license reviewed by the board of zoning appeals. The owner may request a review of the licensing decision by the board of zoning appeals upon a form provided by the city. That request shall be filed with the city community development division within fifteen (15) days after receiving the licensing decision from the city. The review hearing will be set for the next regularly scheduled board of zoning appeals meeting, unless that meeting is scheduled to occur in less than fifteen (15) days from when the owner's request for review is received. In that event, the review hearing will be set on the following regularly scheduled board of zoning appeals meeting. Failure to request a hearing before the board of zoning appeals will result in the revocation, suspension, denial, or nonrenewal of the registration. This section provides the exclusive method of appeal from a violation of this chapter.


(d) The owner or owner's representative and the community development division shall be given an opportunity to be heard. The owner may be represented by counsel. Both sides may be permitted to examine the other side's witnesses and evidence. The board of zoning appeals shall hear all relevant evidence and arguments and shall review all testimony, documents, and other evidence submitted. The community development division shall record the review and keep a record of documentary evidence submitted.


(e) Decision. The board of zoning appeals shall make findings based on the evidence and shall make a decision on the recommendation to revoke, suspend, deny, or not renew a license based on the findings. The board of zoning appeals shall issue a written decision regarding the recommendation of the community development division within thirty (30) days following the date of the review and shall notify the owner or owner's representative of the decision by first class mail and by the owner's preferred method of communication. The decision shall specify the rental housing unit or units to which it applies, the duration of the revocation, suspension, denial or non-renewal, and the conditions that must be met before the license may be reissued or reinstated. No rental housing units that have had their rental license revoked, suspended, denied, or non-renewed may be occupied. Revocation, suspension, denial, or non-renewal of a license shall not excuse the owner from compliance with all terms of this chapter for as long as any rental housing units in the building are occupied.


(f) License process after revocation, suspension, denial. After the board of zoning appeals revokes, suspends, denies or declines to renew a license, no license will be issued for the affected rental housing unit(s) until the community development division determines that the applicant/licensee has remedied the conditions identified as the basis for the action. An application to obtain a license for a rental housing unit after the board of zoning appeals has revoked, suspended, denied or declined to renew a license for the same rental housing unit(s) must be accompanied by all fees required by this section.


(g) The owner has a right to appeal the board of zoning appeal's decision as outlined in section 2-25 of Fairmont City Code.


(Ord. No. 2021-03, 11-22-21; Ord. No. 2025-04, 7-28-25)