Falcon Heights, Minn., City Code ch. 105 art. IV (2026) § 105-98

Sec. 105-98 - Hearing on penalties, revocation, violation, suspension and civil fines
(a)     Hearing. Following receipt of a notice of denial or nonrenewal issued by the
      compliance official or a notice of a violation and penalty issued under section 105-97
      of this article, an applicant or license holder may request a hearing before the city
      council. A request for a hearing shall be made by the applicant or license holder in
      writing and filed with the compliance official or compliance official's designee
      within ten days of the mailing of the notice of denial or alleged violation. Following
      receipt of a written request for hearing, the applicant or license holder shall be
      afforded an opportunity for a hearing before a committee consisting of the
      compliance official or compliance official's designees. After the committee conducts
      the hearing it shall report its findings and make a recommendation to the full city
      council.
(b)     Findings. If after the hearing the applicant or license holder is found
      ineligible for a license, or in violation of this article, the council may affirm
      the denial, impose a civil penalty, suspend, or revoke a license or impose any
      combination thereof.
(c)     Default. If the applicant or license holder has been provided written notice of the
      denial, nonrenewal, or violation and if no request for a hearing is filed within the
      ten-day period, then the denial or revocation take immediate effect by default. The
      compliance official or designee shall mail notice of the denial, fine, suspension, or
      revocation to the applicant or license holder. The compliance official shall
      investigate compliance with the denial or revocation.
(d)    Penalties for default. Failure to comply with all terms of this section during the
      term of revocation, suspension or nonrenewal is a misdemeanor and grounds for
      extension of the term of revocation, suspension or continuation of nonrenewal of
      the license.
(e)     Appeal. Following receipt of a decision by the compliance official to deny,
      revoke, suspend, or not renew a license, the owner/licensee may request a hearing
      before the city council. The request must be made in writing to the compliance
      official within ten days of the compliance official's decision.
(f)     Written notice, hearing. A decision to revoke, suspend, deny, or not renew a license
      shall be preceded by written notice to the applicant or licensee of the alleged grounds
      therefor and the applicant or licensee will be given an opportunity for a hearing
      before the city council before final action to revoke, suspend, deny, or not renew a
      license. A hearing will be conducted before the city council at a public meeting, or
      the city council may retain an administrative hearing officer or other impartial third
      party to conduct the public hearing. The licensee shall have the right to be
      represented by counsel, the right to respond to the charged violations, and the right to
      present evidence through witnesses. The rules of evidence do not apply to the
      hearing and the city council may rely on all evidence it determines to be reasonably
      credible. The determination to suspend or revoke the license shall be made upon a
      preponderance of the evidence. It is not necessary that criminal charges be brought in
      order to support a suspension or revocation of a license violation nor does the
      dismissal or acquittal of such a criminal charge operate as a bar to suspension or
      revocation.
(g)     Decision basis. The council shall give due regard to the frequency and
      seriousness of violations, the ease with which such violations could have been
      cured or avoided and good faith efforts to comply and shall issue a decision to
      deny, not renew, suspend or revoke a license only upon written findings.

(h)     Affected facility. The council may suspend or revoke a license or not renew a
      license for part or all of a facility.
(i)    Suspension. Licenses may be suspended for up to 90 days and may, after the period
      of suspension, be reinstated subject to compliance with this article and any
      conditions imposed by the city council at the time of suspension including, but not
      limited to, receivership or city obtaining control to manage the property temporarily.
(j)    Written decision, compliance. A written decision to revoke, suspend, deny, or not
      renew a license or application shall specify the part or parts of the facility to which
      it applies. Thereafter, and until a license is reissued or reinstated, no rental units
      becoming vacant in such part or parts of the facility may be relet or occupied.
(k)     Continuing obligations, penalty. Revocation, suspension or nonrenewal of a
      license shall not excuse the owner/licensee from compliance with all terms of this
      article, this Code, and state laws for as long as any units in the facility are occupied.
      Failure to comply with all terms of this article during the term of revocation,
      suspension or nonrenewal is a misdemeanor and grounds for extension of the term
      of such revocation or suspension or continuation of nonrenewal, or for a decision
      not to reinstate the license, notwithstanding any limitations on the period of
      suspension, revocation or nonrenewal specified in the city council's written
      decision.
(l)    New licenses prohibited. A person who has a rental license revoked may not receive
      a rental license for another property within the city for a period of one year from the
      date of revocation. The person may continue to operate other currently licensed rental
      properties if the properties are maintained in compliance with city codes and other
      applicable regulations.

(Ord. No. 13-06, § 1, 12-11-2013)