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Ordinance No. 892 Residential Licensing Requirements 7/8/22 Page 16 of 21 (B) Repeat Violations. For the purposes of subsections (C) and (D) below, the following will be considered 473 repeat violations: 474 1. Incidents occurring at the same rental unit; 475 2. Incidents involving tenants at the same rental unit; 476 3. Incidents involving guests or invitees at the same rental unit; 477 4. Incidents involving guests or invitees of the same tenant; 478 5. Incidents involving the same tenant. 479 (C) Second Violation Notice. If a repeat violation occurs within three months of the initial notice given 480 under subsection (A) above, the City shall notify the licensee of the latest violation(s) and shall require 481 the licensee to submit a written report of the actions taken and proposed to be taken by the licensee to 482 prevent further disorderly use of the premises. This written report shall be submitted to the Public 483 Safety Department within five days of receipt of the second violation notice, and shall detail all actions 484 taken by the licensee in response to all notices of disorderly use of the premises within the preceding 485 three months. 486 (D) Third Violation. If a repeat violation occurs a third time within any three month period during 487 provisional licensure status, staff shall initiate the procedures of Section 13-168 to give Council 488 authority to suspend or revoke the rental license, or take other actions with respect to a licensee, a 489 tenant, or the licensed premises as may be authorized by the City Code or State Law, subject to the 490 following: 491 1. Eviction Proceedings. No adverse license action shall be imposed where the instance of disorderly 492 use of the licensed premises occurred during the pendency of eviction proceedings (unlawful 493 detainer) or within thirty days of notice given by the licensee to a tenant to vacate the premises 494 where the disorderly use was related to conduct by that tenant or by other occupants or guests of the 495 tenant's unit. Eviction proceedings shall not be a bar to adverse license action unless such 496 proceedings are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or 497 not renew a license based upon violations of this Section may be postponed or discontinued at any 498 time if it appears that the licensee has taken appropriate measures which will prevent further 499 instances of disorderly use. 500 2. Evidence of Disorderly Manner. A determination that the licensed premises has experienced 501 triggering events as identified in Section 13-158(1) during provisional status shall be made upon 502 substantial evidence to support this determination. It shall not be necessary that criminal charges be 503 brought in order to support a determination of disorderly use nor shall the fact or dismissal or 504 acquittal of such a criminal charge operate as a bar to adverse license action under this Section. 505 3. Council Action Not Exclusive. Enforcement actions provided in this Section shall not be exclusive. 506 The City Council may take any action with respect to a licensee, a tenant, or the licensed premises 507 as is authorized by the City Code or State law. 508