A permit requested under this section may be denied by the Administrator, and any permit issued under the provisions of this chapter may be suspended, revoked or not renewed by the Administrator for cause. Cause shall include, but not be limited to:
(a) Fraud or material misrepresentation in the application for permit;
(b) Fraud or material misrepresentation in the operation of the permitted business;
(c) Any material violation of this section or of the regulations authorized herein;
(d) Any violation of federal or state law or local ordinance which creates a risk to the health, safety or welfare of the transients or to the community or where such violation brings into question whether the applicant/permittee is of suitable character to operate the business;
(e) Conducting the business in an unlawful manner or in such a manner as to constitute a maintenance of a nuisance as defined in this chapter upon or in connection with the proposed permitted premises. Nuisance shall include, but not be limited to:
(1) Existing violations of building, electrical, mechanical, plumbing, zoning, health, fire or other applicable regulatory codes;
(2) A pattern or practice of guest conduct which is in violation of the law and/or interferes with the health, safety and welfare of the properties in the area;
(3) A calls-for-service-ratio of 1.0 or greater over any consecutive twelve-month period occurring within the twenty-four months prior to the application or renewal.
(4) Failure to maintain the grounds and exterior of the permitted premises, including permitting litter, debris or refuse to exist on the proposed and/or permitted premises outside of proper repositories or to blow onto or be deposited upon adjoining properties; or
(5) Existing factors constituting a nuisance under the Revised Judicature Code, MCL 600.3801(1).
(f) Failure by the applicant/permittee to permit the inspection of the permitted premises by the City's agents or employees in connection with the enforcement of this section, provided the intended inspection was in conformance with Section 818.08
(f).
(g) Failure of the applicant/permittee to pay personal property taxes, other city obligations and real property taxes by the established due date of each year arising from the permittee's use and occupancy of the property. A permittee who does not own the real property is not responsible for the payment of the real property taxes unless a lease or contract requires such payment.
(h) Permit suspension/revocation shall be in accordance with the following:
(1) A permit may be temporarily suspended without hearing by the Administrator where there is any violation of health, safety or welfare of occupants and/or the public. The permit shall be reinstated once city staff has determined all health, safety or welfare conditions have been remedied.
(2) If a permit is suspended, the hotel, motel or tourist home is prohibited from furnishing accommodations or other space to new guests, including but not limited to, conference rooms, ballrooms, pools and spas, and parking lots. The premises owner may only continue to operate and furnish accommodations to current guests, unless an emergency order requires immediate evacuation of the property.
(3) If a permit is revoked, the owner of the property is prohibited from furnishing accommodations or rented space to new guests and must cease operations within 30 days of a final decision, during which time they must:
A. Notify all guests of the hotel/motel's cessation of operation;
B. Provide a reasonable amount of time for guests to vacate their accommodations, which shall be no less than one week;
C. Comply with all health codes and provisions of this chapter until all guests have vacated the property;
D. Allow the City or any collaborating organizations or charities to contact current guests directly, in order to provide information regarding potential alternative accommodation options; and
E. Any permittee whose permit is revoked must apply for a new permit as provided in above Section 818.07
.
(Ord. 04-2020. Passed 10-6-20.)