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(a) Types of rental permits. There will be two types of rental permits.
(1) Regular rental permit. A regular rental permit is issued when there is compliance with all requirements of the Property Maintenance Code.
(2) Conditional rental permit. A conditional rental permit may be issued to an applicant as provided above in Section 842.08
(g) or when there are one or more violations of the Property Maintenance Code or other City ordinance that can be corrected, none of which pose a hazard to the health or safety of a tenant or the public, and none of which otherwise fall within the reasons to deny a rental permit as set forth in Section 842.10
(e)(3). A conditional rental permit will contain one or more of the following conditions based upon the information contained in the rental permit application process documentation:
A. That corrective work be completed by a certain date or the permit expires on that date.
B. That neither the permittee, the permittee's legal agent, a tenant, occupant, or other person violate a City ordinance which results in entry by the District Court of a civil infraction order which finds responsibility on the part of the permittee or the permittee's legal agent for a violation of the City's Property Maintenance Code or junk vehicle ordinance, regarding the property which is the subject of the rental permit or the permit expires on the date the order is entered.
(b) Terms to which all rental permits are subject. All rental permits are granted subject to the following:
(1) Rental permits are transferable with approval of the City. The permit holder must submit a letter requesting a transfer along with the proposed transferee's complete rental permit application. The proposed transferee is subject to the same requirements and is reviewed under the same standards as any other person applying for a rental permit except as follows:
A. Unless there is reasonable cause to believe that there is an outstanding Property Maintenance Code violation at the time of the requested transfer, an inspection is not required;
B. If the rental permit transfer is approved, the new permit holder will have the same expiration date as the original permit holder.
(2) The owner and/or legal agent, if any, shall notify the City Clerk, in writing, of any change in ownership, name of ownership entity, mailing address, both regular and electronic, or telephone number of the owner and/or ownership entity, within ten business days of the date of the change.
(3) The owner shall notify the City Clerk, in writing, of any change in their designated legal agent, including the name, date of birth (or in the case of a corporation, the corporate ID number), mailing address, both regular and electronic, and telephone number within ten business days of the date of the change.
(c) Contents of permit. The permit, when issued, shall contain the following information:
(1) The address of the rental dwelling or rental unit for which the permit is issued;
(2) The type of permit issued;
(3) Any conditions on the permit; and
(4) The expiration date of the permit.
(Ord. 03-2011. Passed 4-19-11; Ord. 12-17. Passed 12-5-17.)
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.)
(a) Expiration date. A rental permit shall expire 72 months from the effective date of the permit with the following exceptions:
(1) Inspection violations. A rental permit will expire no more than 36 months from the effective date of the permit if, at the last inspection, the rental property was cited for violations of the building and Property Maintenance Code.
(2) In accordance with conditions. The permit expires in accordance with the conditions placed on the permit under this chapter.
(b) Effect of rental permit expiration. Upon expiration of a rental permit:
(1) Vacate. The rental dwelling is subject to being ordered vacated in accordance with this chapter until a valid rental permit is issued.
(2) Meet conditions before new application. If the rental permit expired for failure to comply with conditions placed on the permit, application for a new or renewal rental permit may be made only after the conditions have been met.
(3) Non-conforming use abandoned. Any prior legal non-conforming rental use is conclusively presumed abandoned if a rental unit is vacant and a valid rental permit application form or rental permit renewal application form is not filed with the City Clerk within 180 days after expiration of a valid permit.
(Ord. 03-2011. Passed 4-19-11; Ord. 12-17. Passed 12-5-17.)
Authority to issue order to vacate. Where a current, valid, rental permit is not in effect for a rental dwelling or rental unit for any reason under this chapter, the City Clerk may issue an order to vacate to the owner and/or owner's legal agent in accordance with Section 1462.24. The order to vacate may be held in abeyance for up to 45 days if there are no conditions in the property posing a hazard to life, limb, property or safety of the occupants or the general public, and, the owner makes application in compliance with this chapter.
(Ord. 03-2011. Passed 4-19-11.)
All rights to hearing and the hearing proceedings are as set forth herein:
(a) Persons entitled to hearing. The following persons are entitled to a hearing upon request under the terms of this section:
(1) A rental permit applicant who has been granted a conditional permit.
(2) A rental permit applicant who has been denied a permit.
(3) An owner or owner's legal agent who has been given an order to vacate a premises.
(4) A tenant who has received an order to vacate a premises or been given an order to vacate.
(5) A permittee whose permit has been suspended or revoked.
(b) Request for hearing. Unless the person entitled to a hearing under this section makes a request for a hearing within ten business days from the date notice of any action was served under this chapter, by filing a signed and completed "request for hearing" form with the City Clerk, the decision is final. The request for hearing form is available from the City Clerk and will contain at least the name and signature of the person entitled to a hearing, the date the form is filed with the City Clerk, and information sufficient to identify the action that is being contested.
(c) Hearing date. Hearings shall be scheduled as expeditiously as possible, but in no case any later than the following:
(1) At the next regularly scheduled Board of Appeals meeting for which proper notice could be given.
(2) Notwithstanding paragraph (1), above, except where the order to vacate is due to an imminent danger to life, limb, property or safety of the occupants or the general public, in no case shall a hearing contesting an order to vacate be scheduled after the date a tenant is ordered to vacate under this chapter.
(d) Notice of hearing. The notice of hearing shall be made pursuant to Section 1464.05. Where the City has proof of service of the notice given as required, failure of the owner, or the owner's legal agent, or a tenant to receive the notice does not affect the validity of the hearing or its outcome.
(e) Conduct of the hearing. The hearing provided for under this section shall be conducted in conformance with Chapter 1464
, Board of Appeals.
(1) Standards. The Board of Appeals shall apply the standards set forth in this chapter that are applicable to the action being contested. All determinations shall be based upon competent, material and substantial evidence on the record.
(2) Continuation of hearing. In the discretion of the Board of Appeals, the hearing once commenced may be continued to another date if the Board of Appeals finds that such continuation is for good cause.
(3) Decision. After hearing all of the evidence, the Board of Appeals shall make a decision regarding the contested action by setting forth findings of fact on the record, and by entering an order affirming, modifying, or reversing the action being contested. If not appealed in accordance with Section 842.14
, the order is final.
(f) Failure to appear/rescheduling. Failure of the person(s) requesting the hearing to appear for a scheduled hearing constitutes an abandonment of the request for hearing. The hearing may be rescheduled once upon request, if the request is made before or within seven days after the initially scheduled hearing.
(Ord. 03-2011. Passed 4-19-11; Ord. 08-2016. Passed 6-21-16.)
All appeals under this chapter shall be to the Calhoun County Circuit Court in accordance with Section 1464.15.
(Ord. 03-2011. Passed 4-19-11.)
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