A. Priority Category Designated: The City Manager may designate a property owner, manager, or licensed real estate professional a priority category for purposes of the Property Maintenance Code if three (3) times within a period of twelve (12) consecutive months the property owner, manager, or licensed real estate professional:
1. Has a rental license suspended;
2. Has a rental license revoked;
3. Is noncompliant with Property Maintenance Code orders in excess of ninety (90) days without either an extension of time or variance from the Housing Board of Appeals or good faith progress as determined by the City Manager;
4. Fails to perform a mandated criminal background check on a tenant; or
5. Receives a citation for a Property Maintenance Code violation.
B. Notice Of Priority Category Status: Whenever the City Manager designates a property owner, manager, or licensed real estate professional to be a priority category under subsection A of this section, the City Manager must give notice of the designation to the property owner, manager, or licensed real estate professional responsible. Each notice must:
1. Be in writing;
2. Include a listing of the basis for designating the property owner, manager, or licensed real estate professional a priority category;
3. Be served upon the property owner, manager, or licensed real estate professional by delivering the same at the property owner, manager, or licensed real estate professional's residence, office, or place of business in person or by mailing by certified mail or regular mail to such address. All such mail must bear indicia requesting return to sender or forwarding address if not deliverable as addressed; and
4. Contain a statement that:
a. The property owner, manager, or licensed real estate professional may appeal from the notice of the City Manager to the Housing Board of Appeals;
b. An appeal must be made in writing and filed with the City Manager within twenty (20) days from the date of service of the designation notice; and
c. A failure to appeal will constitute a waiver of all rights to an appeal.
5. This section may not be interpreted to prevent the enforcement and imposition of fines and penalties for Property Maintenance Code violations. (Ord. 52-16, 10-17-2016)