Rochester, Minn., Code of Ordinances § 7 § 7-9-14

(a) Any registration certificate issued by the city may be denied, allowed to expire without renewal, suspended or revoked, or the licensee or applicant may be fined consistent with section 7-9-18 (d)(3), upon a finding, based upon a preponderance of the evidence presented at a public hearing, that the certificate holder, during the term of the certificate, failed to comply with any provision of this title or chapter 8-2, any applicable federal or state statute or administrative rule, or any other city or county ordinance. The failure to obtain an amended registration certificate showing the changed name or location of a resident agent or property manager, as required by section 7-9-1 (e) and the failure to comply with any of the registration certificate standards provided in section 7-9-5 are also a basis for any of the actions provided for in this section.
(b) The council may postpone or discontinue an action to deny, not renew, revoke or suspend a registration certificate, or to fine a licensee or applicant, if it appears the licensee or applicant has taken appropriate measures, including a failed eviction process, which will correct the violation.
(c) This section applies to individual units within buildings or complexes containing multiple units when the noncompliance occurs within a unit. This section applies to a public area covered by a registration certificate when the noncompliance occurs within a public area. For purposes of this chapter, the term "public area" shall have the meaning provided in section 7-4-18 and the term "applicable federal or state statute or administrative rule, or any other city or county ordinance" means any such law or ordinance that involves the protection and security of the public's health, welfare or safety.
(d) A person's right to apply and receive a registration certificate may be suspended or revoked upon a finding, based upon a preponderance of the evidence presented at a public hearing, that the applicant has allowed a person to occupy, or has rented or has offered to rent to another for occupancy, any dwelling, or any apartment or rooming unit in any dwelling, without first obtaining a registration certificate as required by this chapter. The council may postpone or discontinue an action to deny, not renew, revoke or suspend a registration certificate, or to fine a licensee or applicant, if it appears the licensee or applicant has taken appropriate measures, including a failed eviction process, which will correct the violation.
(e) Upon the community development director's determination that a reasonable basis exists to seek the suspension or revocation of a registration certificate, right to obtain a certificate, or to seek the imposition of a fine or other sanction, the director shall cause a hearing to be held before the rental housing complaint board. This board consists of the common councilmember representing the ward in which the noncompliance occurred, the common council president and the mayor. All parties must be given an opportunity to appear at the hearing after receiving reasonable notice. The notice must state the time, place and issues involved. At the hearing, the certificate holder may present evidence of mitigating circumstances showing the absence of any need for a public hearing before the common council to consider the revocation or suspension of the certificate, the right to obtain a certificate, or the imposition of fines or other sanctions. The board must, in good faith, hear and consider this evidence in making its recommendation as to the need for a public hearing.
(f) At the conclusion of the hearing, the board must make a recommendation to the common council as to whether there is a need for a public hearing to consider the suspension or revocation of the certificate or the right to obtain a certificate. The board's recommendation must be submitted to the council for its consideration. If the council determines there is a need for the council to hold a public hearing to consider the suspension or revocation of a certificate, or the right to obtain a certificate, or the imposition of a fine or other sanction, the council must follow the procedure provided in subsection (g) of this section.
(g) No such suspension or revocation shall be effective until the certificate holder has been afforded an opportunity for a hearing under Minn. Stats. §§ 14.57--14.69. All parties must be given an opportunity to appear at the hearing after receiving reasonable notice. The notice must state the time, place and issues involved. The certificate holder may present evidence of mitigating circumstances that would allow the certificate holder to retain the certificate or the right to obtain a certificate. The common council must, in good faith, hear and consider this evidence in arriving at its final order.
(h) Upon a finding that the certificate holder, licensee or applicant has violated any such statute, rule or ordinance, the common council may impose any of the following sanctions:
(1) Suspend the registration certificate, or the right to obtain a certificate, for a period of time not to exceed two years. From the time the suspension expires until the time the certificate is scheduled to expire, if applicable, the certificate holder will be on probation subject to compliance with all federal, state and local laws and ordinances. If the certificate holder violates any such law or ordinance during the time of probation, the council must hold another hearing to consider the revocation of the certificate.
(2) Revoke the rental registration certificate, or the right to obtain a certificate, and establish a time after which the certificate holder or applicant may apply for a new certificate for the premises in question. The revocation period may not exceed five years.
(3) Impose a civil fine not to exceed $1,000.00 for each violation that occurred.
(4) Place the certificate holder or applicant on probation for a time period not to exceed one year. During the probation, the certificate holder or applicant must comply with all federal, state and local laws and ordinances as well as any other reasonable condition imposed by the council designed to gain compliance with applicable laws. If the certificate holder or applicant violates any of the terms of probation, the council must hold a hearing to consider the suspension or revocation of the certificate or the right to obtain a certificate.
(i) Upon expiration of a suspension or probation time period, a certificate holder must pay to the city a re-instatement fee of $100.00 for the first unit or public area to be re-inspected and re-licensed and $20.00 for each additional unit or public area to be re-inspected and re-licensed.