HomeMy WebLinkAboutCity Council Ordinance 2001-24CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2001-24
AN ORDINANCE AMENDING CHAPTER IV,
SECTION 410 OF THE PLYMOUTH CITY CODE
CONCERNING HOUSING AND REDEVELOPMENT
THE CITY OF PLYMOUTH ORDAINS:
SECTION 1. The Plymouth City Code is amended by adding Section 410.42 to read:
CHAPTER IV.
SECTION 410- Housing and Redevelopment
410.42. Rental dwelling licenses: Conduct on licensed premises. Subd. 1. It shall be the
responsibility of the rental license holder to take appropriate action, with the assistance of the
City, to prevent conduct by tenants or their guests on the licensed premises which is hereby
deemed to be disorderly, in violation of any of the following statutes or ordinances:
(a) Minnesota Statutes, Sections 609.75 through 609.76, which prohibit gambling;
(b) Minnesota Statutes, Section 609.321 through 609.324, which prohibits
prostitution and acts relating thereto;
(c) Minnesota Statutes, Sections 152.01 through 152.025, and Section 152.027,
Subdivisions 1 and 2, which prohibit the unlawful sale or possession of controlled
substances;
(d) Minnesota Statutes, Section 340A.401, which prohibits the unlawful sale of
alcoholic beverages;
(e) Section 2025 of this Code, which prohibits noise and noisy assemblies;
(f) Minnesota Statutes, Sections 97B.021, 97B.045, 609.66 through 609.67 and
624.712 through 624.716, and Section 930 of this Code, which prohibit the unlawful
possession, transportation, sale or use of a weapon; or
(g) Minnesota Statutes, Section 609.72, which prohibits disorderly conduct, when the
violation disturbs the peace and quiet of the occupants of at least one unit on the licensed
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premises or other premises, other than the unit occupied by the person(s) committing the
violation.
Subd. 2. A determination that the licensed premises have been used in a disorderly
manner as described in Subdivision 1 shall be made upon substantial evidence to support such a
determination. It shall not be necessary that criminal charges are 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.
Subd. 3. Upon determination by the Compliance Official utilizing established
procedures, that a licensed premises was used in a disorderly manner, as described in
Subdivision 1, the City shall notify the licensee by certified mail of the violation and direct the
licensee to take appropriate action with the assistance of the City to prevent further violations.
Subd. 4. If another instance of disorderly use of the licensed premises at the same
specific dwelling or unit occurs within twelve (12) months of an incident for which a notice in
Subdivision 3 was given, the City shall notify the licensee by certified mail of the violation and
shall also require the licensee to submit a written report of the actions taken, and proposed to be
taken, by the licensee to prevent further disorderly use of the premises. This written report shall
be submitted to the City within seven (7) days of receipt of the notice (excluding holidays) of
disorderly use of the premises and shall detail all actions taken by the licensee in response to all
notices of disorderly use of the premises within the preceding twelve (12) months.
Subd. 5. If another instance of disorderly use of the licensed premises at the same
specific dwelling or unit occurs within twelve (12) months after the second of any two (2)
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, placed
on probation, or not renewed. An action to deny, revoke, suspend, place on probation, or not
renew a license under this section shall be initiated by the City in the manner described in
Section 410.45, and shall proceed according to the procedures established in Sections 410.45 and
410.50.
Subd. 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 (unlawful
detainer) or within thirty (30) days after a 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 the tenant's guests.
Eviction proceedings shall not be a bar to adverse license action, however, unless the licensee
diligently pursues them. A notice to vacate shall not be a bar to adverse license action unless a
copy of the notice is submitted to the City within ten (10) days of receipt of the violation notice.
Further, an action to deny, revoke, suspend, place on probation, or not renew a license based
upon violations of this section may be postponed or discontinued by the Compliance Official at
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any time if it appears that the licensee has taken appropriate action to prevent further instances of
disorderly use.
SECTION 2. Section 410.45 of the Plymouth City Code is amended to read:
410.45. Revocation, Suspension, or Probation. Subd. 1. Every license or permit issued
under this ordinance is subject to the right, which is hereby expressly reserved, to suspend,
revoke, or place on probation the same should the license holder or their agents, employees,
representatives, or lessees directly or indirectly operate or maintain rental dwellings contrary to
the provisions of this ordinance or any other ordinance of the City or any special permit issued
by the City or the laws of the State of Minnesota.
Subd. 2. The license may be suspended, revoked, or placed in a probation status by
the City Council after a written notice is sent to the license holder specifying the ordinance or
law violations with which they are charged. This notice shall also specify the date for hearing
before the City Council, which shall not be less than 10 days from the date of the notice.
Subd. 3 At such hearing before the City Council, the license holder or their attorneys
may submit and present witnesses on their behalf.
Subd. 4. After a hearing the City Council may suspend, revoke, or place on probation
the license if they deem it necessary to protect the public health, safety, or general welfare. .
SECTION 3. This ordinance shall be effective immediately upon its passage.
ADOPTED by the City Council this Aq& day of 2001.
J lyn T7erney, Mayor
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