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<br /> <br />Ordinance No. 892 <br />Residential Licensing Requirements <br />7/8/22 <br /> <br /> <br />Page 20 of 21 <br />(C) Third Violation. If the same violation occurs a third time within any three month period during 613 <br />provisional licensure status, staff shall initiate the procedures of Section 13-168 to give Council 614 <br />authority to suspend or revoke the rental license, or take other actions with respect to a licensee, a 615 <br />tenant, or the licensed premises as may be authorized by the City Code or State Law, subject to the 616 <br />following: 617 <br />1. Eviction Proceedings. No adverse license action shall be imposed where the instance of disorderly 618 <br />use of the licensed premises occurred during the pendency of eviction proceedings (unlawful 619 <br />detainer) or within thirty days of notice given by the licensee to a tenant to vacate the premises 620 <br />where the disorderly use was related to conduct by that tenant or by other occupants or guests of the 621 <br />tenant's unit. Eviction proceedings shall not be a bar to adverse license action unless such 622 <br />proceedings are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or 623 <br />not renew a license based upon violations of this Section may be postponed or discontinued at any 624 <br />time if it appears that the licensee has taken appropriate measures which will prevent further 625 <br />instances of disorderly use. 626 <br />2. Evidence of Disorderly Manner. A determination that the licensed premises has experienced 627 <br />triggering events as identified in Section 13-166(1) during provisional status shall be made upon 628 <br />substantial evidence to support this determination. It shall not be necessary that criminal charges be 629 <br />brought in order to support a determination of disorderly use nor shall the fact or dismissal or 630 <br />acquittal of such a criminal charge operate as a bar to adverse license action under this Section. 631 <br />3. Council Action Not Exclusive. Enforcement actions provided in this Section shall not be exclusive. 632 <br />Sec. 13-167. No warranty by city. 633 <br />By enacting and undertaking to enforce this Article, neither the city nor its council, agents or employees warrant 634 <br />or guaranty the safety, fitness or suitability of any rental dwelling in the city. Licensees and occupants should take 635 <br />appropriate steps to protect their interests, health, safety and welfare. 636