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ORDINANCE NO. 1002 Page 9 9 118908 11/14/05 2. Second Strike. If another instance of disorderly use takes place in the same unit or by the same tenant or guest occurs within twelve (12) months of an incident for which a notice in Section 1 was given, the Police Department shall inform the City Manager or designee of the alleged violation. The City Manager or designee shall then send to the Tenant, and License Holder, as appropriate, a written notice of the violation. The License Holder shall be responsible to take action as appropriate to terminate the disorderly use. 3. Third Strike. If a third instance of disorderly use takes place in the same unit or by the same tenant or guest within twelve (12) months of an incident for which a notice in Section 1 or 2 was given, the City shall notify the License Holder by mail of the violation and shall also require the License Holder to immediately undertake the process necessary to remove the tenant from the property. If the License Holder fails to comply with the requirements of this Section, this constitutes a Property Owner violation under Section 3-28-10(A)(5). C. POSTPONEMENT OF PENALTY. An action to revoke or not renew a license based upon violations of this section may be postponed or discontinued at any time if it appears that the License Holder has taken appropriate measures which will prevent further instances of disorderly use. No adverse license action shall be imposed where the instance of disorderly use of licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or within thirty (30) days of notice given by the License Holder to a tenant to vacate the premises, where the disorderly use was related to conduct by the tenant or by other occupants or guests of the tenant's unit. Eviction proceedings shall not be a bar to adverse license action, however, unless the License Holder diligently pursues them. D. STANDARD OF REVIEW. A determination that the licensed premises have been used in a disorderly manner as described in this section shall be made upon substantial evidence to support such a determination. It shall not be necessary that criminal charges be brought to support a determination of disorderly use, nor shall the fact of dismissal or acquittals of criminal charges operate as a bar to adverse license action under this section. E. RE-APPLICATION FOR REVOKED LICENSE . Following the revocation of a license for a unit, the Property Owner or former License Holder must wait for the expiration of the appropriate revocation term and then must apply for a new license for the unit. Any unit revoked must be inspected at the Property Owners expense prior to the re-issuance of a license. 3-28-12 : HEARING ON DENIAL OR VIOLATION :