Staples, Minn., City Code ch. 103, art. IV § 103-100

(a) Definitions. Terms used in this section shall have the meanings ascribed in section 103-88 , unless otherwise defined herein. The term "appropriate action" means that action which a reasonable license holder would take based upon the facts and circumstances of each case so as to prevent a re-occurrence of a disorderly use.
(b) License required. No person shall allow to be occupied, or let to another for occupancy, any dwelling unit unless the owner has first obtained a license under the terms of this section. A license shall be required for a lease-to-own arrangement and any contract for deed purchase where the contract for deed is not recorded with the county recorder's office.
(c) Applicability and exceptions.
(1) The provisions of this section shall apply to all rental dwellings and dwelling units, including rented single-family dwellings and rented dwelling units in owner-occupied dwellings, as well as rented condominiums, rented townhouses and leasehold cooperative dwelling units, as those terms are defined in Minn. Stats. § 273.124, subd. 6, Minn. Stats. ch. 515B, state law and this Code.
(2) The provisions of this section shall not apply to jails; licensed nursing homes; licensed board and care homes; parsonages; parish houses; manses and rectories; hospitals; and owner-occupied dwelling units in a cooperative, condominium or townhouse building.
(d) What the license covers.
(1) One license shall be issued for each building with rental dwelling units. For each individually-owned rental dwelling unit in a multi-unit building, a license will be required of each unit.
(2) The city shall have authority to exercise its licensing powers under this section, including the power to issue, renew, deny, revoke, and suspend licenses, with respect to an entire building or only a portion of a building.
(e) Application for license. The owner of each rental dwelling shall make written application to the housing inspector for a license to carry on the business of renting residential property. In addition, the owner of each such rental dwelling constructed after the effective date of the ordinance from which this section is derived shall make written application to the housing inspector for a license as herein provided prior to initial occupancy. Such application shall be made on a form furnished by the housing inspector for such purpose and shall set forth the following information:
(1) Name, business or residence address, telephone number of the owner. If the owner is a partnership or limited liability company, the name of the partnership or limited liability company and the name and residence address of the managing partner or chief manager. If the owner is a corporation, the name and address of the corporation and the name of the chief operating officer. In cases where the owner of a dwelling resides outside of the city, the owner's agent/contact person must be able to respond on-site within 24 hours.
(2) If the owner has appointed an agent authorized to accept service of process and to receive and give receipt for notices, the name, business or residence address, telephone number of such agent.
(3) Every applicant shall identify in the application, by name, residence or business street address, telephone number, a natural person who is actively involved in, and responsible for, the maintenance and management of the premises. Said natural person, if other than the owner, will thereby accept joint and several responsibility with the owner (including any potential criminal, civil, or administrative liability) for the maintenance and management of the premises. A post office box or commercial mail receiving service is not acceptable as an address for such person. The individual authorized herein may also be the owner of the dwelling or an agent identified in subsection (e)(2) of this section.
(4) Street address of the dwelling.
(5) Number and kind of units within the dwelling (dwelling units, rooming units, or shared bath units). For each unit, specify the floor number, and the unit number and/or letter and/or designation.
(6) In the event that any of the information required to be provided by this section changes, the applicant or licensee shall, within 14 days, notify in writing the housing inspector, or an authorized representative of the housing inspector, of the change. However, if the natural person authorized in subsection (e)(3) of this section changes, the licensee or applicant shall file an amended application within 14 days. Furthermore, for just cause, the housing inspector, or an authorized representative of the housing inspector, may request that an applicant or licensee complete and file a new or replacement application for any rental dwelling, giving the licensee or applicant a minimum of 14 days to comply.
(f) Minimum inspection standards. The minimum standard to be used for inspections, for compliance with this code for buildings with licenses, shall include the inspection of the building interior and exterior, the site, the common areas and the basement.
(g) Expiration; renewal. All licenses issued under this section shall expire on January 31 of each year, subject to renewal year to year in the manner provided in this section. All licensees shall apply for renewal of their licenses on a form provided by the housing inspector. No license shall be granted without payment of the required license fee. An individual who is operating a rental dwelling after the license has expired is operating an unlicensed rental dwelling.
(h) License non-transferable. A license issued hereunder is non-transferable. A new license application shall be required for each change of ownership of a rental dwelling.
(i) License fees.
(1) An annual license fee shall be assessed on all rental units. The license fee shall be included with the initial application or renewal statement. Such fee shall be set by resolution of the council. A change in ownership shall require a new license application and payment of the license fee. An increase in the number of licensed dwelling units during the license year shall require an amended license application and the payment of an additional license fee to cover the additional units.
(2) Operation of an unlicensed dwelling unit shall be subject to an additional administrative fee, in accordance with city council resolution. This fee shall be in addition to any other appropriate enforcement action or fees due.
(j) Issuance of license. When, upon completion of an inspection of a building and rental dwellings therein, the housing inspector finds that the minimum standards for licensing set forth in this section have been met, a rental dwelling license may be issued. In the event an inspection cannot be completed within 30 days, a provisional license may be issued until an inspection can be completed. A provisional license may only be issued within the first two years this ordinance is in effect.
(k) Licensing standards. The following minimum standards and conditions shall be met in order to hold a rental dwelling license under this section. Failure to comply with any of these standards and conditions shall be adequate grounds for the denial, refusal to renew, revocation, or suspension of a rental dwelling license:
(1) The licensee or applicant shall have paid the required license fee.
(2) Rental dwelling units shall not exceed the maximum number of dwelling units permitted by the zoning chapter.
(3) No rental dwelling or rental dwelling unit shall be over-occupied or illegally occupied in violation of the zoning chapter or the rental housing maintenance code.
(4) The rental dwelling shall not have been used or converted to rooming units in violation of the zoning chapter.
(5) The owner shall not allow weeds, vegetation, junk, debris, or rubbish to accumulate repeatedly on the exterior of the premises so as to create a nuisance condition. If the city is required to abate such nuisance conditions under section 18-1 , or collect, gather up or haul solid waste more than three times during a period of 12 months or less, it shall be sufficient grounds to deny, revoke, suspend or refuse to renew a license.
(6) The rental dwelling or any rental dwelling unit therein shall not be in substandard condition, as defined in subsection (l) of this section.
(7) The licensee or applicant shall have paid the required re-inspection fees.
(8) The licensee or his agent shall allow the housing inspector and his authorized representative to perform a rental license review inspection as set forth in subsection (x)(3) of this section.
(9) The licensee shall maintain a current register of all tenants and other persons with a lawful right of occupancy to a dwelling unit and the corresponding floor number, and unit number and/or letter and/or designation of such unit within the building. The register shall be kept current at all times. The licensee shall designate the person who has possession of the register and shall inform the housing inspector of the location at which the register is kept. The register shall be available for review by the housing inspector or his authorized representatives during normal business hours or in an emergency situation.
(10) There shall be no delinquent property taxes or assessments on the rental dwelling.
(11) There is an active arrest warrant for a city rental housing maintenance code or zoning chapter violation pertaining to any property in which the licensee, applicant or property manager has a legal or equitable ownership interest or is involved in management or maintenance.
(12) Any persons who has had an interest in two or more licenses denied, revoked, suspended, or not renewed pursuant to this subsection or to subsection (p) of this section, or a combination of denials, revocations, suspensions, or non-renewals shall be ineligible to hold or have an interest in a rental dwelling license for a period of five years.
(13) No new rental dwelling license shall be issued for the property during the pendency of adverse license action initiated pursuant to subsection (p) of this section.
(14) The licensee or applicant must have a current, complete, and accurate rental dwelling application on file with the housing inspector in accordance with the provisions of subsection (e) of this section.
(15) Any violation as listed in subsection (z) of this section.
(16) Failure to pay any utility bills to the city which are the responsibility of the owner.
(l) Substandard dwelling.
(1) A rental dwelling structure shall be considered substandard if:
a. The dwelling unit scores 25 or more points; or
b. Any major violation within the dwelling remains uncorrected. Any single violation scoring six or more points is considered a major violation.
(2) For purposes of the point calculation in this section, any combination of four rooming units or shared bath units shall constitute one dwelling unit. Points for a violation in a common area of the structure outside a dwelling unit will not be cumulative on a unit-by-unit basis.
(3) However, 25 or more points in the common areas of a structure, including, but not limited to, the entryways, corridors, community rooms, exterior walls and roof, will constitute a substandard structure.
(4) The housing inspector shall cause to be prepared and shall keep on file for public inspection an accurate, complete, and detailed description of each violation used in the point calculation procedure set forth herein. The housing inspector or inspecting officer shall assign points according to the severity of each code violation on a scale from one up to the maximum points possible for such violation.
(5) Except when otherwise provided by state law, conditions in the design or structure of a building, such as, but not limited to, the size and dimension of rooms and windows and the electrical and plumbing systems that were legal under existing codes when built shall not be violations as long as they are maintained in good repair. A violation shall receive maximum points when a required item is completely absent, completely fails to perform its function, or is imminently hazardous to the health or safety of the occupants.
(6) Each code violation shall have a maximum number of points to be assigned based on the relative life-safety hazard created by the code violation. The table of maximum violation points will be established by the housing inspector. The housing inspector will use the designated housing inspection form, as developed by the housing inspector, for the purpose of determining the existence of substandard dwellings.
(m) Re-inspection fee.
(1) There shall be no fee charged for an initial inspection to determine the existence of a rental housing maintenance code violation or for the first re-inspection to determine compliance with the code violation. A re-inspection fee, set by city council resolution, shall be charged for each subsequent re-inspection that is conducted for compliance with an order, as determined by the housing inspector or the housing inspector's designee.
(2) The re-inspection fee prescribed above shall be billed directly to the owner or contact person/agent of the property. Re-inspection fees shall be increased by 50 percent when not paid within 30 days after initial billing, to cover administrative costs. Failure to pay such fees shall be grounds for denial, revocation, suspension, or non-renewal of a rental dwelling license. This subsection shall not be considered the exclusive method of collecting re-inspection fees and shall not preclude collection by other lawful methods.
(3) Every notice of violation and order to correct rental housing maintenance code violations shall contain a clear and conspicuous explanation of the policy in this section requiring fees for re-inspections.
(4) The housing inspector may waive a re-inspection fee in case of error, mistake, injustice, or other good cause.
(n) Condemned and boarded buildings. When a building is condemned as hazardous or unfit for human habitation due to defects in its structure or its electrical, plumbing, or mechanical systems, or boarded under Minn. Stats. § 463.251, requiring a code compliance inspection prior to re-occupancy, the rental dwelling license shall be revoked on the effective date of the condemnation or boarding. The dwelling shall be eligible to hold a rental dwelling license upon re-inspection and correction of any violations that caused the building to be condemned.
(o) Housing inspector's determination of noncompliance notice.
(1) If the housing inspector determines that a building or dwelling unit fails to meet the licensing standards set forth in subsection (k) of this section, he shall mail a notice to the owner or the owner's agent. The notice shall specify the reasons why the building or unit fails to meet the licensing standards and shall include a copy of the inspection report if applicable.
(2) If the rental dwelling fails to meet one or more of the standards set forth in subsection (l) of this section, the notice shall indicate that the license holder or applicant has ten days to correct the defects, after which the city council will take action to deny, refuse to renew, revoke, or suspend the license.
(3) If the rental dwelling fails to meet the standards set forth in subsection (k) of this section, the notice shall indicate that the license holder or applicant has up to 30 days to correct the defects causing the building to be substandard, after which the city council will take action to deny, refuse to renew, revoke, or suspend the license. The housing inspector may, for good cause, authorize additional time to correct defects causing a building to be substandard. If the defects create an imminent hazard to health or safety, the housing inspector may proceed immediately for denial, non-renewal, revocation, or suspension under subsection (p) of this section, or may shorten the deadline for compliance to less than 30 days.
(4) Whenever a notice of noncompliance is issued under this section, the housing inspector shall also cause a notice to tenants to be prominently posted on the building. The notice shall indicate that a license proceeding has been commenced against the owner because the building has been found to be in violation of the rental housing maintenance code; that after a stated period of time allowed to bring the building into compliance, the city council may proceed to deny, revoke, or suspend the rental dwelling license for the building; that if the city council denies, revokes, or suspends the license, tenants may be required to vacate the building; that further information can be obtained from the city of city building department.
(5) The housing inspector shall maintain copies of the notice of noncompliance and send copies of the noncompliance notice to tenants at the time of posting of the notice on the building.
(p) Denial; non-renewal; revocation; suspension. If, after any period for compliance under subsection (o) of this section has expired, the housing inspector determines that the dwelling fails to comply with any of the licensing standards in subsection (k) or (l) of this section, or the housing inspector has initiated an action to deny, revoke, suspend, or not renew a license pursuant to this section, the housing inspector shall mail the owner a notice of denial, non-renewal, revocation, or suspension of the license. The notice shall state:
(1) That the housing inspector has determined that the building fails to comply with the licensing standards for rental dwellings in subsection (k) or (l) of this section, that the licensee has failed to take appropriate action following conduct by tenants and/or their guests on the licensed premises under subsection (z) of this section, or that the licensee has failed to submit a written management plan that satisfies the requirements set forth in subsection (z)(4) of this section.
(2) The specific reasons why the building fails to meet licensing standards, including copies of applicable inspection reports, or notices sent to licensee of conduct on licensed premises.
(3) That the housing inspector has referred the matter to the city council with a recommendation to deny, not renew, revoke, or suspend the license.
(4) That the city council will deny, refuse to renew, revoke, or suspend the license unless the owner appeals the determination within 15 days after the date of the notice, in the manner provided in subsection (s) of this section. The notice shall describe how an appeal may be filed under subsection (s) of this section.
(5) That after denial, non-renewal, revocation or suspension, the dwelling or the affected dwelling units therein must be vacated, and shall not be re-occupied until all violations are corrected and a license is granted by the city council, (except where an extension of time has been granted by the housing inspector due to weather). Further, no license will be re-issued by the city council until an approved plan to control conduct on premises has been presented and accepted by the city council if the denial, non-renewal, revocation or suspension was under subsection (z) of this section.
(6) The housing inspector shall cause a notice to tenants to be mailed or delivered to each licensed dwelling unit and prominently posted on the building. The notice shall indicate that the rental dwelling license for the building has been denied, non-renewed, revoked, or suspended, whichever is applicable; that the action will become final on a specific date unless the building owner appeals and requests a hearing; that tenants may be required to vacate the building when the action becomes final; that further information can be obtained from the city building department.
(q) Reinstatement fee. A fee set by city council resolution must accompany any application for reinstatement of any license that has been denied, non-renewed, revoked or suspended under subsection (z) of this section. This reinstatement fee is in addition to the license fees imposed.
(r) Rental dwelling license appeals. An owner or occupant may contest any determination made by the code official pertaining to this section by requesting a hearing, in writing, within ten days of the date of the determination, to the city administrator or designated representative.
(s) Appeals procedure.
(1) Hearing procedure.
a. Hearing officer. The city council will periodically approve a list of lawyers, from which the city administrator will select a hearing officer to hear and determine a matter for which the hearing is requested. The person who has requested the hearing has the right to request, no later than 15 days before the date of the hearing, that the assigned hearing officer be removed from the case. One such request for each case will be granted by the city administrator. A subsequent request must be directed to the assigned hearing officer who will decide whether the hearing officer can fairly and objectively review the case. If such a finding is made, the hearing officer shall remove himself from the case, and the city administrator shall assign another hearing officer. The hearing officer is not a judicial officer, but is a public officer as defined by Minn. Stats. § 609.415, as amended. The hearing officer shall not be a current or former employee of the city.
b. Notice of hearing. Notice of the hearing must be served in person or by first class mail to the person responsible for the violation no less than 20 days in advance of the scheduled hearing, unless a shorter time is accepted by both parties. Service shall be deemed complete upon depositing the notice of hearing in the United States Mail, properly addressed to last-known address of the person to be served and postage prepaid.
c. Payment for cost of hearing. The cost of the hearing shall be borne solely by the non-prevailing party. The city shall provide an estimate of the cost of the hearing at the time of the request for hearing. The city council has the authority to reduce the non-prevailing party's costs where that party can demonstrate indigency by clear and convincing evidence. Proof of indigency can be demonstrated by the party's receipt of means tested governmental benefits or a demonstrated lack of assets or current income. Such proof shall be presented to the city council for determination subsequent to the hearing. However, the hearing officer at the time of the hearing shall make specific findings as to whether or not the party is indigent with said findings presented to the city council. In all cases, where the party requesting the hearing is unable to attend and fails to request a continuance of the hearing at least 48 hours in advance of the scheduled hearing, all costs incurred by the city attributable to the hearing shall be charged to the requesting party.
d. Hearing procedures. At the hearing, the parties shall have the opportunity to present testimony and question any witnesses, but strict rules of evidence shall not apply. The hearing officer shall record the hearing and receive testimony and exhibits and the full record of the hearing shall be kept. The hearing officer shall receive and give weight to evidence, including hearsay evidence with probative value commonly accepted by reasonable and prudent people in the conduct of their affairs.
e. Authority of the hearing officer. The hearing officer shall determine whether a violation did or did not occur. If the hearing officer determines that a violation did not occur then the citation shall be dismissed. If the hearing officer determines that a violation did occur, then the officer may do any of the following: impose a fine anywhere within or up to, but not exceeding, the maximum penalty for an administrative offense, stay or waive a fine either unconditionally or upon compliance with the appropriate conditions. When imposing a penalty for a violation, the hearing officer may consider any or all of the following:
1. The duration of the violation;
2. The frequency of recurrence of the violation;
3. The seriousness of the violation;
4. The history of the violation;
5. The violator's conduct after issuance of the notice of hearing;
6. The good faith effort of the violator to comply;
7. The economic impact of the penalty on the violator;
8. The impact of the violation upon the community; and
9. Any other factors appropriate to just result.
f. Fines for continuing violations. The hearing officer may exercise discretion to impose a fine for more than one day of a continuing violation but only on a finding that the violation caused a serious threat of harm to the public health, safety or welfare, or the accused intentionally and unreasonably refused to comply with the code requirement. The hearing officer's decision and supporting reasons for continuing violations must be in writing.
g. Decision of the hearing officer. The hearing officer shall issue a decision in writing to both parties within ten days of the hearing. Any fines or penalties imposed must be paid no later than 30 days of the date of the hearing officer's order. If the fine is not paid, the city may assess the civil penalty against the owner's property pursuant to Minn. Stats. ch. 429, as amended. If the hearing officer determines that no violation occurred, the city may not proceed with criminal prosecution for the same act or conduct. The decision of the hearing officer is final and may only be appealed to the state court of appeals by petitioning for a writ of certiorari pursuant to Minn. Stats. § 606.01, as amended.
(2) Payment of fines. Prior to any assessment for unpaid fines, the city shall seek payment of the fines by notifying the owner of the property in writing of the fine imposed.
(3) Assessment procedure. Unpaid fines including an administrative charge in the amount established by the city council of the total balance will be assessed pursuant to Minn. Stats. ch. 429, as amended, against the property of the owner charged with the violation. For uncorrected or continued violations, the city will correct the violation and assess the charges for doing so.
(t) Vacation of affected dwelling units. When an application for rental dwelling license has been denied, or a rental dwelling license has been revoked, suspended, or not renewed, or when the owner has not obtained a current rental dwelling license upon proper application as required by this chapter, the housing inspector shall order the dwelling or the affected dwelling units therein vacated, giving tenants a reasonable time to arrange new housing and to move their possessions.
(u) Operation of rental dwelling without license a misdemeanor. A person who allows to be occupied, or lets to another, any dwelling unit, without a license as required by this section, is guilty of a misdemeanor.
(v) Unauthorized removal of notices a misdemeanor. Any person who removes, defaces, tampers or in any way interferes with any notice posted pursuant to this section, is guilty of a misdemeanor.
(w) Remedies in this section not exclusive. The remedies provided in this section are not exclusive. They are in addition to, and do not supersede or preempt, other remedies such as condemnation, written violation orders and warnings, criminal charges for violation of substantive provisions of any city or state code relating to housing maintenance, fire safety, building codes, zoning, health, and the like. Further, the remedies in this section do not supersede or affect the legal rights and remedies of tenants provided under state law or this Code.
(x) Duties of licensee. Every holder of a rental dwelling license shall:
(1) Post his license certificate when received from the housing inspector. The certificate shall be conspicuously posted in a frame with transparent cover in a public corridor, hallway, or lobby of the dwelling for which it is issued. For other than multiple dwellings, the certificate shall be prominently posted at or near the front entrance of the building.
(2) Maintain a current register of all tenants and other persons with a lawful right of occupancy to a dwelling unit and the corresponding floor number, and unit number and/or letter and/or designation, within the building. The register shall be kept current at all times. The licensee shall designate the person who has possession of the register. The register shall be available for review by the housing inspector or authorized representatives during normal business hours or upon an emergency situation.
(3) Permit the housing inspector and his authorized representatives, either voluntarily or pursuant to an administrative or other warrant, to enter upon the premises for the purpose of conducting inspections to verify compliance with the rental housing maintenance code, and the fire, health, zoning and building codes of the city. Such inspections shall be made at such frequency as the housing inspector deems appropriate and necessary, and when practical, the housing inspector shall provide reasonable advance notice to the license holder or a managing agent.
(4) The owner of any dwelling which is required to be licensed by article IV of this chapter shall, prior to the time of sale of said dwelling, notify the buyer in writing of all unabated orders and violation tags issued by the housing inspector or building department, pertaining to said dwelling, as well as the requirement of law that said dwelling, upon acquisition by a new owner, must be licensed with the housing inspector. A copy of the notification shall be mailed to the housing inspector within five days of furnishing the notification to the buyer. If the dwelling is owned by a corporation or other entity, an officer of said corporation or entity shall carry out the notification required by this section. If the property is owned by more than one person, a notification by one of the owners shall satisfy this section. For the purposes of this section, the term "time of sale" shall be construed to mean when a written purchase agreement is executed by the buyer or, in the absence of a purchase agreement, upon the execution of any document providing for the conveyance of a dwelling required to be licensed.
(5) Submit current application information as required by subsection (e) of this section.
(y) Notices.
(1) Whenever a notice is required to be sent to or served upon the licensee of a rental dwelling under this section, notice shall be deemed sufficient if sent by first class mail to the owner or owner's authorized agent at the address specified in the last license application filed in the building department under subsection (e) of this section. If a notice sent to the address specified in the last license application is returned, and the owner or owner's agent cannot be found, then notice shall be sent to the person authorized in the last license application, under subsection (e)(3) of this section, as responsible for the maintenance and management of the premises, or any other known caretaker or manager, and a notice shall also be posted on the building.
(2) Every licensee shall notify the inspections division within 14 days of any changes in the names, addresses, and other information concerning the persons listed in the last license application filed with the division. Whenever notice is required to be sent or delivered to tenants of a dwelling unit under this section, notice shall be sufficient if sent by first class mail to the tenants or occupants of each licensed dwelling unit at the address specified in the license application or the register that the licensee maintains pursuant to subsection (k)(9) of this section.
(z) Conduct on licensed premises.
(1) It shall be the responsibility of the licensee to take appropriate action, with the assistance of the city police department, following conduct by tenants and/or their guests on the licensed premises which is determined to be disorderly, in violation of any of the following statutes or ordinances, to prevent further violations:
a. Minn. Stats. § 504B.171, which prohibits the following illegal activities: Prostitution, unlawful sale of controlled substances, unlawful possession, transport, sale, or use of weapons, and possession of stolen property;
b. Minn. Stats. §§ 609.75 through 609.76, which prohibit gambling;
c. Minn. Stats. § 340A.401, which prohibits the unlawful sale of alcoholic beverages;
d. Minn. Stats. § 609.72, which addresses disorderly conduct;
e. Minn. Stats. § 609.33, which addresses disorderly house;
f. Section 18-2 , which addresses noise-related issues.
(2) The city police department shall be responsible for enforcement and administration of this subsection.
(3) Upon determination by the city police department utilizing established procedures that a licensed premises was used in a disorderly manner as described in subsection (z)(1) of this section, the police department shall notify the licensee by mail of the violation and direct the licensee to take appropriate action with the assistance of the police department to prevent further violations.
(4) If another instance of disorderly use of the licensed premises occurs within 12 months of an incident for which a notice in subsection (z)(3) of this section was given, the police department shall notify the licensee as required by subsection (y) of this section of the violation. The licensee shall then submit a written management plan to the police department within ten days of receipt of the notice of disorderly use of the premises. The written management plan shall detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding 12 months. The written management plan shall also detail all actions taken by the licensee to prevent further disorderly use of the premises. The notice provided to the licensee of the violation shall inform the licensee of the requirement of submitting a written management plan may result in the city council taking action to deny, refuse to renew, revoke or suspend the licensee.
(5) If another instance of disorderly use of the licensed premises occurs within 18 months, if the premises contains between one and six distinct and separate residential units, or within 12 months, if the premises contains more than six distinct and separate residential units, after the second of any two previous instances of disorderly use for which notices were sent to the licensee pursuant to this section, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the police department in the manner described in subsection (p) of this section, and shall proceed according to the procedures established in subsections (p) through (s) of this section.
(6) No adverse license action shall be imposed where the instance of disorderly use of the licensed premises occurred during the pendency of eviction proceedings or after proper notice is given by the licensee to a tenant to vacate the premises, where the disorderly use was related to conduct by that tenant or his guests. Eviction proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. A notice to vacate shall not be a bar to adverse license action unless a copy of the notice is submitted to the police department within ten days of receipt of the violation notice. Further, an action to deny, revoke, suspend, or not renew a license based upon violations of this section may be postponed or discontinued by the police department at any time if it appears that the licensee has taken appropriate action to prevent further instances of disorderly use.
(7) A determination that the licensed premises have been used in a disorderly manner as described in subsection (z)(1) of this section shall be made upon substantial evidence to support such a determination. It shall not be necessary that criminal charges be brought to support a determination of disorderly use, nor shall the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this section.
(8) The police department shall review this subsection (z) three years after the effective date of the ordinance from which these revisions are derived to determine its impact upon both landlords and tenants, and to recommend any changes which may be appropriate. The police department shall keep records of all actions and proposed actions under this subsection (z) to facilitate the committee review required herein.