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prove to a judge that there is probable cause to believe that the violation is occurring . . . Probable cause could consist of written statements from those people who observed the violation and/or date and time stamped photos of vehicles, etc." If the City is able to obtain a search warrant and conduct an inspection, physical evidence such as the number of beds or toothbrushes could not be considered proof of excessive occupancy since the tenants may simply have a guest. Ultimately, inspections are not useful tools for proving excessive occupancy. Proof will need to be in the form of written statements from occupants, neighbors, or the Ramsey County Sheriff. If the case goes to court, witnesses who have provided written statements must be willing to testify. Enforcement of the occupancy ordinance If the City is able to prove excessive occupancy through written statements, the City may issue a citation to the landlord. The City Attorney may also prepare a formal complaint. Formal complaints must be reviewed and approved by a judge before the landlord is summoned to appear in court. Legal precedence indicates that a judge is unlikely to approve a notice of eviction solely for excessive occupancy since the tenants would be seen as innocent third parties in the dispute between the City and the landlord. The rental unit application form (Attachment A) asks applicants to state the number of people in the dwelling unit and certify that the occupancy composition is in conformance with City Code. City Code Section 335.05 lists reasons for which a rental registration may be suspended or revoked, including subdivision 3, "The Owner or its Agent made oral or written misrepresentation of material facts in or accompanying the application." In cases where the City is able to prove excessive occupancy through written statements from neighbors and occupants, it may be most straightforward to hold a Council hearing to revoke the rental registration, and request a court order to prevent the landlord from renting the property. In the event that the City is successful in obtain a court order, the City Attorney believes that the order would be applied prospectively and renters would be allowed to continue to occupy the property under the terms of their lease. Unregistered Rental Homes The City developed a rental registration program in 2009. The purpose of the program is to track rental properties and provide information about rental ordinances and City requirements to landlords and tenants. The rental registration year runs July through June to accommodate student rental leasing schedules. For the 2011/2012 program year, the City has 84 rental registrations. The City suspects that additional properties are being rented but are unregistered. City staff has asked the City Attorney to consider how the City can compel rental property owners to register. City of Arden Hills City Council Work Session April 16, 2012 Page 3 of 5