All rental permit applications shall be approved or denied and permits shall be issued in
accordance with the following:
(a) Designated permitting authority. The authority to administer this is vested in the City Clerk or another person or official designated by the City Manager.
(b) Time limits for review of application and decision. The decision on issuance of the rental permit shall be made within seven days from the date that the application process is complete.
(c) City's failure to comply with time limits. A failure by the City to inspect or complete another requirement of this chapter within the time specified in this chapter does not give the owner any vested right to a regular rental permit. The City shall issue a conditional permit until such time as the failure is corrected or as provided in above in Section 842.08
(g).
(d) Standard of review. In determining whether to issue or deny a rental permit the City Clerk shall review the application and supporting documentation including that provided by the applicant, the inspection report(s), and the recommendation(s), if any, as provided for in Section 842.07
(d), to determine whether the documentation shows:
(1) The property is currently in compliance with the Property Maintenance Code.
(2) If the property is not currently in compliance with the Property Maintenance Code, the nature of the violations, including whether the outstanding violations constitute a hazard to the health, safety, or welfare of the occupants of the property or the public.
(3) Whether the owner or owner's legal agent has owned or managed rental property in the past where the rental permit has been suspended or revoked or has had entered against them court judgments for rental property violations.
(4) Whether there has been any false material information provided on an application, in attachments to the application, or otherwise to a City employee in the course of their duties under the Property Maintenance Code or other City ordinance in relation to the subject rental dwelling.
(e) Possible actions on application. After reviewing the rental permit application form and other documentation provided in the rental permit application process, the City Clerk shall do one of the following:
(1) Grant a regular rental permit.
(2) Grant a conditional rental permit with the conditions as provided in Section 842.09(a)(2).
(3) Deny the issuance of a rental permit for one or more of the following reasons:
A. There is a violation of the City Property Maintenance Code that is a hazard to the health, safety, or welfare of a tenant or the public.
B. The owner or the owner's legal agent, or the combination of either, has owned or managed rental property within the three preceding years and have, on two or more occasions, had a rental permit suspended or revoked or had entered against them court judgments for rental property violations.
C. The owner or owner's legal agent has failed to allow, or arrange for, an inspection that is required under the Property Maintenance Code.
D. False material information has been provided on an application, in attachments to the application, or otherwise to a City employee in the course of their duties under the Property Maintenance Code or other City ordinance in relation to the subject rental dwelling.
(f) Notice of action on rental permit application. Applicants shall be notified in writing, by first class mail sent to the address on the application, of the action taken on the application. If the action was to grant a regular or conditional rental permit, the permit shall be transmitted at the same time. If the action was to deny a rental permit the reasons for denial shall be included in the notice.
(g) Suspension or revocation. Suspension or revocation of a rental permit will be in accordance with Sections 802.16
and 802.17
, except that any hearing requested by a permittee because of a suspension or revocation of his/her/its rental permit will be heard by the Board of Appeals in accordance with Section 842.13
, rather than the City Commission.
(Ord. 03-2011. Passed 4-19-11; Ord. 08-2016. Passed 6-21-16; Ord. 12-17. Passed 12-5-17.)