(a) The Code Official shall refuse to issue or renew a Residential Rental License for any Dwelling Unit if any of the following conditions are found to exist:
(1) The Dwelling or Dwelling Unit does not comply with the terms and conditions of any current Residential Rental License;
(2) The Dwelling or Dwelling Unit is a Structure Unfit for Human Occupancy;
(3) The structure is a Unsafe Structure or the Dwelling Unit is in violation of the Code;
(4) The Dwelling or Dwelling Unit contains or is served by Unsafe Equipment;
(5) The Dwelling or Dwelling Unit is a Nuisance or has a history of Nuisance;
(6) The Dwelling or Dwelling Unit has a history of non-compliance with Codes regarding maximum occupancy;
(7) The Owner or Operator has an outstanding balance, owed to the City, related to Business and Occupation Taxes;
(8) The Owner or Operator has an outstanding balance, owed to the City, related to other municipal service fees;
(9) The Owner or Operator has failed to pay any required fees or penalties under this Article.
(b) The Code Official may revoke the current Residential Rental License of a Dwelling Unit according to the terms of this Article if the Code Official determines:
(1) The Dwelling or Dwelling Unit is in a Structure Unfit for Human Occupancy;
(2) The Dwelling Unit is in an Unsafe Structure or the Dwelling Unit is in violation of the Code;
(3) The Dwelling Unit relies on or utilizes Unsafe Equipment, whether or not located within the Dwelling Unit;
(4) The Owner or Operator is delinquent in the payment of Business and Occupation Taxes or any other applicable municipal service fees;
(5) The Owner fails to pay any fees required by this Article or penalties imposed by this Article.
(c) If an Owner or Dwelling Unit fails to comply with any requirements of this Article resulting in the failure of the City to issue, failure of the City to renew or the revocation of any Residential Rental License, or if the provisions of any applicable Code that result in the a determination of Structure Unfit for Human Occupancy, Unsafe Structure, or Unsafe Equipment, then the Code Official shall notify the Owner or Operator in writing of the deficiencies within ten (10) days of the determination.
(d) In the event of the failure of the City to issue, failure of the City to renew or the revocation of any Residential Rental License, the Owner or Operator shall have thirty (30) days from the date the notice required under subsection (c) of this section was issued, to take corrective action and schedule a subsequent inspection by the Code Official. The notice required by this section shall explain this corrective deadline. In the event of re-inspection that is required as a result of a notice of non-compliance under this Section 1101.05, the Owner shall pay a fee of fifty dollars ($50.00) per Dwelling Unit subject to re-inspection, which fees shall be utilized by the City to offset the costs of the enforcement of this Article.
(e) In the event that the Owner or Operator has failed to correct, within the thirty day corrective period, the circumstances leading to the failure of the City to issue, failure of the City to renew or the revocation of any Residential Rental License, the Owner or Operator shall not be issued a Residential Rental License or a renewal thereof and may have any existing Residential Rental License revoked. The Owner may be subject to penalties under this Article until such time as the Owner shall reapply having updated, repaired or otherwise brought the subject Dwelling or Dwelling Unit into compliance with this Article and applicable Codes and had a Residential Rental License issued.
(Ord. 669. Passed 5-7-12.)