(A) The Rental License Appeals Board shall be comprised of full-time city employees as appointed by the City Manager or a designee and shall include at least one staff member selected from the Finance Department and one from the Police Department. The staff Board will receive evidence; however, the rules of evidence will not govern the proceeding. The staff Board will issue a written finding as to each alleged infraction, specifically identifying each founded accusation, which shall constitute a violation.
(B) The Rental License Appeals Board shall be empowered to hear appeals and conduct hearings arising from:
(1) The denial of an application for a short-term rental dwelling license;
(2) The denial of an application for renewal of a short-term rental dwelling license; and
(3) Conduct that may give rise to suspension or revocation of a license.
(C) Upon receipt of an appeal, or in the case of a hearing for possible suspension or revocation, the Board shall set a date for a hearing and shall notify the applicant or licensee. Except upon mutual agreement by the applicant or licensee and the city, the hearing shall be held not less than three days and not more than 30 days from the date the appeal is received.
(D) If the applicant or licensee fails to appear at a properly scheduled hearing before the Board, the Board shall summarily affirm the action, unless the applicant or licensee shows good cause for his or her failure to appear.
(E) At the hearing before the Board, the city shall present evidence supporting the appealed action. The applicant or licensee shall be given an opportunity to show cause why the appealed action should be modified or reversed. The burden of proof shall be upon the city to demonstrate that the appealed, action was permitted by the provisions of this chapter.
(F) The Rental License Appeals Board may:
(1) Affirm the action;
(2) Reverse the action; and/or
(3) Modify the action by reversing with conditions or granting an extension of time for the performance of any act required where there is a practical difficulty or undue hardship connected with the performance of any act required by the provisions of this chapter, provided that such extension or other action shall be consistent with the general purpose of this chapter to ensure the public health, safety and welfare. Where conditions are imposed or additional time is granted, the Board may delay final action and continue the matter to a later date in order to ensure compliance.
(G) The decision of the Rental License Appeals Board shall be reduced to writing and shall be final unless continued. The written decision shall be mailed or hand delivered to the appellant and the short-term rental agent.
(H) Any aggrieved party to a final decision of the Board may appeal, within 20 days of the date of the issuance thereof, to the city’s Code Enforcement Board for a hearing pursuant to § 92.18 of the Covington Code of Ordinances.
(I) Any decision of the Code Enforcement Board adverse to the appellant shall indicate that the appellant has a right to appeal to the Kenton County Circuit Court in accordance with the Rules of Civil Procedure.
(Ord. O-11-23, passed 6-28-2023)