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Ordinance No. 83 Housing Maintenance Code Page 10 of 12 10. License Suspension or Revocation. Every operating license issued under the provisions of this Ordinance is subject to suspension or revocation by the City Council should the licensed owner or his duly authorized resident agent fail to operate or maintain licensed rental dwellings and units therein consistent with the provisions of the Ordinances of the City of Gem Lake and the laws of the State of Minnesota. In the event that an operating license is suspended or revoked by the City Council for just cause, it shall be unlawful for the owner of his duly authorized agent to thereafter permit any new occupancies of vacant or thereafter vacated rental units until such time as valid operating license may be restored by the City Council. Any person violating this provision shall be guilty of a violation of this Ordinance. Section 11. Enforcement and Inspection Authority. The City Clerk and his designated agents shall be the Compliance Official who shall administer and enforce the provisions of this Ordinance and who are hereby authorized to cause inspections on a scheduled basis for rental units, or otherwise when reason exists to believe that a violation of this Ordinance has been or is being committed. Inspections shall be conducted during reasonable daylight hours and the Compliance Official shall present evidence of official capacity to the occupant in charge of a respective dwelling unit. 1. Inspection Access. Any owner, occupant, or other person in charge of a dwelling or dwelling unit may refuse to permit free access and entry to the structure or premise under his control for inspection pursuant to this Ordinance, whereupon the Compliance Official may seek a court order or administrative search warrant authorizing such inspection. Any costs incurred by the City in obtaining said order or warrant shall be charged to the owner or occupant refusing access. Right of Entry. Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this ordinance, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this ordinance, provided that if such structure or premises is occupied the code official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner, owner’s authorized agent or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official may seek a court order authorizing such inspections. 2. Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this ordinance. Section 12. Unfit for Human Habitation. Any dwelling, dwelling unit, or rooming unit which is damaged, decayed, dilapidated, unsanitary, unsafe, vermin or rodent infested, or other which lacks provision for basic illumination, ventilation or sanitary facilities to the extent that the defects create a hazard to the health, safety or welfare of the occupants or of the public may be declared unfit for human habitation. Whenever any dwelling, dwelling unit, or rooming unit has been declared unfit for human habitation, the Compliance Official shall order same vacated within a reasonable time and shall post a placard on same indicating that it is unfit for human habitation, and any operating license previously issued for such dwelling shall be revoked. It shall be unlawful for such dwelling, dwelling unit, or rooming unit to be used for human habitation until the defective conditions have been corrected and written approval has been issued by the Compliance Official. It shall be unlawful for any person to deface or remove the declaration placard from any such dwelling, dwelling unit or rooming unit. 1. Secure Unfit and Vacated Dwellings. The owner of any dwelling, dwelling unit, or rooming unit which has been declared unfit for human habitation, or which is otherwise vacant for a period of 60 days or more, shall make same safe and secure so that it is not hazardous to the health, safety and welfare of the public and does not constitute a public nuisance. Any vacant dwelling open at doors or windows, if unguarded, shall be deemed to be a hazard to the health, safety and welfare of the public and a public nuisance within the meaning of this Ordinance. 2. Hazardous Building Declaration. In the event that a dwelling has been declared unfit for human habitation and the owner has not remedied the defects within a prescribed reasonable time, the dwelling may be declared a hazardous building and treated constant with the provisions of Minnesota Statutes. Section 13. Compliance Order. 1. Whenever the Compliance Official determines that any dwelling, dwelling unit, or rooming unit, or the premises surrounding any of these, fails to meet the provisions of this Ordinance, he may issue a Compliance Order setting forth the violations of the Ordinance and ordering the owner, occupant, operator, or agent to correct such violations. This Compliance Order shall: 1. Be in writing. 2. Describe the location and nature of the violations of this Ordinance.